Chandigarh Gazette, No. 73, 05 June 2021

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GOVERNMENT OF INDIA

Chandigarh Administration Gazette

Published by Authority

NO. 73] CHANDIGARH, SATURDAY, JUNE 05, 2021 (JYAISTHA 14, 1943 SAKA)

CHANDIGARH ADMINISTRATION

MUNICIPAL CORPORATION OF CHANDIGARH

Draft Notification

The 28th May, 2021

No. MOH/Supdt. Admn./2021/4908.—In exercise of the powers conferred under Section 75 of the Punjab Municipal Corporation Act, 1976 as extended to the Union Territory, Chandigarh by the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (Act No. 45 of 1994) and with the approval of the Administrator, Union Territory, Chandigarh, the Service Regulations 2012 has been notified vide this office notification No. SAE-3/Admn/MC/2012/3204, dated 17.5.2012.

Whereas, the committee constituted for the purpose have reviewed the service regulation after considering objections received from the employees of MOH's office, with a view to effecting such change as are necessary to bring them in conformity with the changed position, including additions to or reductions in the strength of the lower and higher level posts.

Whereas, the General House of Corporation in its 265th meeting held on 20.12.2018 has considered and approved the proposed amendments in Recruitment rules for different categories of posts of MOH's office.

Now in exercise of the powers conferred under Section 75 of the Punjab Municipal Corporation Act, 1976 as extended to the Union Territory, Chandigarh by the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (Act No. 45 of 1994) and with the approval of the Administrator, Union Territory, Chandigarh as conveyed by the Chandigarh Administration vide No. F-II(8)/2020/3002, dated 19.02.2020, the service regulation, 2012 of MOH's office are hereby substituted with the Service Regulations, 2020, the detail of which is as under :—

SHORT TITLE AND COMMENCEMENT

1. (i) These regulations may be called "MOH OFFICE MUNICIPAL CORPORATION CHANDIGARH SERVICE REGULATIONS, 2020".

(ii) These shall come into force from the date of their publication in the official gazette.

(iii) These shall be in "Supersession" of all previous rules, regulations, practices and decisions, if any, on the subject in so far as they are inconsistent with these regulations.

(363)This is Digitally Signed Gazette. To verify, visit : https://egazette.chd.gov.in 364 CHD. ADMN. GAZ., JUNE 05, 2021 (JYST. 14, 1943 SAKA)

DEFINITIONS :

2. These regulations shall be applicable to all the employees of Municipal Corporation of Chandigarh working in MOH office.

(a) "Administrator" means the Administrator of Union Territory of Chandigarh appointed by the President of India under Article 239 of the Constitution.

(b) "Direct appointment" means appointment made by Selection otherwise than by promotion or by transfer of an official already in the service of Govt. of India, Chandigarh Administration or of the State Government.

(c) "Government" means the Chandigarh Administration in the Administrative Department. (d) "Act" means the Punjab Municipal Corporation Act, 1976, as extended to the Union Territory Chandigarh by the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 (Act No. 45 of 1994).

(e) "recognized university" means—

i) Any university or institution incorporated by law in any of the States/Union Territories of India; or

ii) the Punjab, Sind or Dacca University in the case of degree or diploma, obtained as a result of examination held by these Universities before the 15th August, 1947.

iii) Any other university or institution which is declared by the Government to be recognized university for the purpose of these rules;

(f) "Recruiting Agency" means the Municipal Commissioner, Chandigarh or any other authority authorized by the Municipal Commissioner to perform the functions of a recruiting authority.

(g) "Service" means service in the Municipal Corporation, Municipal Commissioner's office, Chandigarh.

(h) "Municipal Commissioner" means the Commissioner of Municipal Corporation, Chandigarh.

(i) "Corporation" means the Municipal Corporation of Chandigarh constituted under the Act. (j) "Administration" means the Chandigarh Administration.

(k) "Appointing Authority" means the authority to whom the power to make appointment have been conferred under the Act or by the Chandigarh Administration from time to time.

(l) "Departmental Recruitment/Selection Committee" means a Committee appointed for selecting persons for various posts by the Direct Recruitment.

(m) "Departmental Promotion Committee" means a Committee for selecting persons for appointment to various posts by promotion and other related matters.

(n) "Direct Appointment" means an appointment made through open advertisement otherwise than by promotion from within the service and also include appointments made by transfer, by deputation or by absorption of a person already in the service of the Central Government, State Government, Administration or Public Sector Undertaking or Organization.

(o) "Employee" means a person who is in the whole time service of the Municipal Corporation, Chandigarh working in Municipal Commissioner's office, Chandigarh excluding a person employed by the Corporation on Daily Wage, Casual Labour, Part-time/Contractual basis or paid from Contingencies.

(p) "Pay" means the amount drawn monthly by an employee as pay in a time scale, special pay, personal pay and any other emoluments.

(q) "Officiating Appointment" means appointment of an employee in a particular post by the competent authority to perform a duties of a post or a higher post.

(r) "Permanent Post" means a post which has been given the right/title of a regular post by the competent authority without specifying any definite period.

(s) "Probation" means a person employed and put on probation and also includes an employee who is on extended probation against a sanctioned post.

(t) "Promotion" means appointment of any employee by the competent authority to a post in a higher scale made in accordance with these regulations.

(u) "Permanent Employee" means an employee who has completed his/her probation period satisfactorily against a regular post without specifying any definite period and in whose favour formal orders for confirmation have been issued.

(v) "Regular Employee" means an employee who has been declared to have completed the period of probation to the satisfaction of the appointing authority.

(w) "Schedule" means a schedule appended to these regulations.

(x) "Select List" in relation to any post means select list of candidates prepared in accordance with these regulations.

(y) "Selection Post" means a post, recruitment/promotion to which is to be made by selection based on merit and suitably assessed by Selection Committee/DPC through evaluation of reports/ interviews/written test or otherwise as may be prescribed by the Municipal Corporation from time to time.

(z) "Non-Selection Post" means a post other than a Selection Post, which is to be filled on the basis of Seniority, subject to suitability and fitness and elimination of unfits.

3. IMPLEMENTATION OF REGULATIONS :

i) Powers to Implement Regulations : The Municipal Commissioner or any other Officer of the Corporation authorized in this behalf, may from time to time issue instructions, directions or orders as may be necessary to give effect to these regulations.

ii) Amendment : The Municipal Corporation with the approval of the Administrator, Union Territory, Chandigarh may by notification amend, modify or add to these regulations from time to time and all such amendments, modification or additions shall take effect from the date stated therein.

iii) The Corporation shall be guided by instructions or orders as may be issued by the Administration to the extent the same are applicable to the Corporation in respect of matters not specifically covered by these regulations and shall seek advice or clarification(s) from the Administration appropriately.

iv) In case of isolated posts, AD may regulate their course of action in terms of para 3.11.5 of the Guidelines on Framing/ Amendment/Relaxation of Recruitment Rules issued by the Chandigarh Administration.

4. Classification Of Posts, Strength and Record of Service :

i) Classification of Posts : The Corporation shall classify the posts in accordance with the instructions issued by the Chandigarh Administration to the extent these are applicable to the Corporation, based on the existing scales of pay and shall correspondingly be revised on revision of pay scales.

ii) Strength of Service : The Municipal Corporation shall from time to time review and determine the strength of staff in the MOH's office, Chandigarh for carrying out its functions.

iii) Record of Service : The Municipal Corporation shall maintain the personal file, service books and the C.R. files shall remain in the personal custody of an officer authorized by the Municipal Commissioner.

5. General Conditions relating to Appointment to Service :

The following general conditions shall apply to the appointments to the MOH's Office, Municipal Corporation, Chandigarh.

i) Nationality, domicile and character of persons appointed to the service :

No candidate shall be appointed to any post in the service unless he is :

a) a citizen of India, or

b) subject of Nepal, or

c) a subject of Bhutan, or

d) a Tibetan refugee, who came over to India before the Ist January, 1962 with the intention of permanently settling in India or

e) A person of Indian origin, who has migrated from Pakistan, Burma, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar) Zambia, Malowi, Zaire, Ethopia and Vietnam with the intension to permanently settling in India.

Provided that a candidate belonging to any of the category (b), (c), (d) shall be a person in whose favour a certificate of eligibility has been issued by the Chandigarh Administration and produced before the recruiting/appointing authority.

ii) A candidate in whose case a certificate of eligibility is necessary, may be admitted to an examination or interviewed by the Corporation on his furnishing proof that he has applied for the certificate but the Corporation shall not give him appointment to the service until the necessary certificate has been issued in his favour by the Chandigarh Administration.

iii) No person shall be recruited to the post in service by direct recruitment unless he produces—(a) a certificate of Character from the principal/academic officer of the University, College, School or Public Institution last attended, if any, OR similar certificates from two responsible persons not being his relatives, who are well acquainted with him in his private life and are unconnected with his University, College, School or Institution; and

(b) an affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed, removed or compulsorily retired from service of any State Government, Union Territory, Government of India, or Public Sector Undertaking/ Organization.

iv) The appointment of all persons shall be subject to verification of their antecedents. In case of an adverse verification report, the services of the employees shall be terminated summarily without assigning any reason.

v) The certificates/documents produced by the candidates for appointment to the post regarding age, qualification and experience etc. shall be subject to verification from the issuing authority. In case of suppression of material information, misrepresentation of facts/adverse report, the concerned employee shall be liable to be dismissed summarily without any inquiry.

vi) Age: (a) No person shall be appointed to the service by direct recruitment, if he is less than eighteen years or more than 37 years of age on the first day of January of the year immediately preceding the last date fixed by the appointing authority for submission of applications by candidates or sending names of candidates by the Employment Exchange, as the case may be or, unless he is within such range of minimum and maximum age limits as may be specifically prescribed in the Schedule annexed to these regulations.

Provided that the upper age limit may be relaxed in the case of person already in employment of Government of India, State Governments and Union Territory, Administration of Chandigarh as per the instructions issued by the Chandigarh Administration from time to time.

Provided further that in case of candidates belonging to the Scheduled Castes, Scheduled Tribes, Ex-Servicemen, Physically handicapped persons and other Backward Classes and other special categories of persons, the upper age limit shall be such as may be fixed by the Administration from time to time.

Provided further that the authority to relax the age shall be as prescribed by the Municipal Corporation with the approval of Chandigarh Administration.

(b) In the case of appointment on compassionate on priority basis, the upper age limit shall be such as may be specifically fixed by the Chandigarh Administration from time to time.

6. Medical Certificate of fitness on first entry into the Municipal Commissioner's Office—(i)

(a) Every employee of the Service, except those covered under clause (4) of this sub-regulation unless specifically exempted by the appointing authority on his first appointment to a post in the Service, shall produce a certificate of medical fitness in the prescribed form from the Medical Board or the Principal Medical Officer of Chandigarh Administration, as the case may be, before joining the post.

(b) In case of doubt, the appointing authority either on the receipt of the report of the Medical Board or the Principal Medical Officer or on an application of the concerned employee may refer him to the Medical Expert for examining the medical fitness of the employee.

(ii) The standard of medical fitness shall be as specified by the Chandigarh Administration from time to time.

(iii) An employee of the Service not found medically fit by the Medical Board or Principal Medical Officer or medical Expert authorized by the Chandigarh Administration for this purpose, shall cease to be the employee of the Service; but the employee shall have a right of appeal to an Appellate Medical Board appointed by the appointing authority and all costs in connection with the re-examination of the employee concerned shall be borne by the employee himself unless he is declared medically fit by the Appellate Medical Board in which case all such costs will be reimbursed to him.

(iv) The following classes of employees shall be exempted from producing medical certificate of fitness, namely :—

(a) The employees on deputation to the service, however, such employees before permanent absorption shall be subject to Medical examination.

7. Disqualification : No person :—

(i) who has entered into or contracted a marriage with a person having a spouse living, or (ii) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service :

Provided that Corporation may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this regulation.

Provided further that furnishing of false information regarding name, age, father's name, qualifications or any other matter germane to the employment at the time of employment or during the course of employment shall be treated as misconduct and the employee concerned shall be liable to disciplinary action under the relevant provision in the Conduct, Punishment and Appeal Rules as applicable to the employees of the Corporation as amended from time to time.

8. Reservation: In making appointments to various posts under the Service, reservation of vacancies and employment of members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex- servicemen and Physically Disabled persons, EWS, etc. shall be regulated in accordance with the general directions and instructions issued by the Administration from time to time.

9. Recruitment/Appointment to the Service :

All appointments to the posts in the service shall be made in the manner and in accordance with the provisions specified in the Schedule annexed so far as these relate to direct recruitment, promotion, deputation etc as per Punjab Civil Services Rules, 1970.

10. Seniority :

The Seniority of members of service shall be determined in accordance with the instructions applicable to the employees of the Chandigarh Administration issued from time to time.

11. Pay of Members of Service :

Members of the service shall be entitled to such scales of pay including special pay, as sanctioned by Government from time to time.

12. Leave Pension and Other Matters :

The member of service shall be governed by such rules and regulations as may have been or may hereafter be, adopted or made by the competent authority under Section 398(2) of the Punjab Municipal Corporation Law (Extension to Chd. Act, 1994) or under any law for the time being in force made by the Chandigarh Administration and the rules made there under.

13. Discipline, Penalties and Appeals :

In matters relating to discipline, punishment and appeals, members of the service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970 as amended from time to time as are applicable to the employees of Chandigarh Administration.

14. Liability for Vaccination AND Re-vaccination :

Every member of the service shall get himself vaccinated or revaccinated when the Municipal Commissioner so directs by general or special order.

15. Liability of Member of Service to Transfer :

A member of the service may be transferred by the Municipal Commissioner to any post under the Corporation whether included in any other service or not, on the same terms and conditions as are specified in the rule 3.17 of the Punjab Civil Service Rules, Volume I, Part-I.

16. Liability to Serve :

A member of the service shall be liable to serve at any place within Municipal limits of Municipal Corporation, Chandigarh on being ordered so to do by the appointing authority.

17. Oath of Allegiance :

Every member of the service shall, unless he has already done so, be required to take oath of allegiance to India and to the Constitution of India, as by law established.

18. Over riding effect and Interpretation :

The provisions of these regulations shall have effect notwithstanding anything to the contrary contained in any regulations for the time being in force for regulating the recruitment and conditions of service for appointment to public posts in connection with the affairs of the Municipal Commissioner's Office, Chandigarh.

If any question arises as to the interpretation of the regulations the Government shall decide the same.

19. Power to Relax :

The Municipal Corporation may relax any of the provisions of these regulations with the approval of the Administrator, Union Territory, Chandigarh through its Administrative Department.

20. Repeal and Saving :

Any Rules/regulations or resolutions of the Municipal Corporation applicable to the service and corresponding to any of these rules/regulations which are in force immediately before the commencement of these regulations are hereby repealed.

Provided that anything done or any other made or action taken under the rules/regulations or resolutions of the Municipal Corporations repealed shall be deemed to have been done or taken under the corresponding provisions of these regulations.

KAMAL KISHOR YADAV, IAS, Commissioner, Municipal Corporation,

Chandigarh.

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Administration Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc."

0073—Ptg. & Sty. Deptt., U.T., Chd.