The Haryana Renewable Energy Development Agency (Grade A, B, C and D) Service Rules, 2011.

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Haryana Government Gazette

Published by Authority

© Govt. of Haryana

No. 20-2018] CHANDIGARH, TUESDAY, MAY 15, 2018 (VAISAKHA 25, 1940 SAKA)

PART III

Notifications by High Court, Advertisement, Notices and Change of Name etc.

HARYANA RENEWABLE ENERGY DEVELOPMENT AGENCY (HAREDA)

The 3rd May, 2018

No. HAREDA/2018/528.— The Board of Governors of Haryana Renewable Energy Development Agency (HAREDA), hereby, makes the following rules, duly approved by the Board of Governors of HAREDA in their 15th meeting held on 05.06.2009, by the HBPE in their meeting of Standing Committee held on 20.12.2011 and by the Hon'ble CM, Haryana on 09.01.2012 regulating the recruitment and conditions of service of persons appointed to the Haryana Renewable Energy Development Agency (HAREDA):

PART-I GENERAL

1. Short Title and commencement:

(i) These rules may be called the Haryana Renewable Energy Development Agency (Grade A, B, C and D) Service Rules, 2011.

(ii) They shall come into force on the date these are approved by the Board of Governors of Haryana Renewable Energy Development Agency (HAREDA)

2. Definition

In these rules, unless the context otherwise requires:

(a) "HAREDA" means the Haryana Renewable Energy Development Agency, Panchkula, a registered society under Societies Registration Act XXI of 1860;

(b) "Chief Scientific Engineer" means functional Head of the HAREDA;

(c) "Financial Commissioner" means the Financial Commissioner and Principal Secretary to Government, Haryana, Renewable Energy Department, who would be the Chairman of the Board of Governors also;

(d) "Competent Authority" means an authority who is competent to exercise any or all the powers under these rules or to whom powers in respect of any of all these rules have been delegated by the Board of Governors;

(119)120 HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA) [ PART III (e) "Director" means the Director, New & Renewable Energy Department, Haryana who would be the Director, HAREDA also;

(f) "Commission" means the Haryana Public Service Commission/Haryana Staff Selection Commission.

(g) "Direct recruitment" means an appointment made otherwise than by promotion from within the Service or by transfer of an official already in the Service of the Government of India or any State Government; (h) "Employer" means Haryana Renewable Energy Development Agency, Panchkula (i) "Government" means the Haryana Government in the Administrative Department; (j) "Board of Governors" means the Board of Governors of HAREDA constituted under Rule 12 of the Rules of Association of the Haryana Renewable Energy Development Agency (HAREDA);

(k) "Head Office" means Registered Office of the Agency at Panchkula;

(l) "Institution" means,-

(i) any institution established by law in force in the State of Haryana

or

(iii) any other institution recognized by the Government for the purpose of these rules ;

(m) "recognized University" means,

(i) any university incorporated by law in India; or

(ii) any other university which is declared by the Government to be recognized University for the purpose of these rules;

(n) "Service" means the Haryana Renewable Energy Development Agency (Grade A, B, C and D) Service.

PART II-RECRUITMENT TO SERVICE

3. Number and Character of Posts:

The Service shall comprise the posts shown in Appendix A to these rules:

Provided that nothing in these rules shall affect the inherent right of the Government to make additions to, or reductions in, the number of such posts or to create new posts with different designations and scales of pay, either permanently or temporarily.

4. Nationality, domicile and character of candidates appointed to service:

(1) No persons shall be appointed to any post in the Service, unless he is,-

(i) a citizen of India ; or

(ii) a subject of Sikkim; or

(iii) a subject of the State of Pondicherry, or

(iv) a person of India origin, who has migrated from Pakistan with the intention of permanently settling in India;

Provided that, subject to the issue of a certificate of eligibility in his favour, a subject of Nepal or a Tibetan who came over to India before the 1st January, 1962 with the intention of permanently settling in India may also be appointed to any post in the service;

Provided further that a candidate belonging to category (iii) or (iv) above must be a person in whose favour a certificate of eligibility had been given by the competent authority and if he belongs to category (iv) the certificate of eligibility will be valid only for a period of one year from the date of his appointment beyond which he can be retained in service only if he has become a citizen of India.

(2) A candidate in whose case a certificate of eligibility is necessary, may be admitted to an examination or interview conducted by the Commission, Board or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the competent authority.

5. Age:

No person shall be appointed to any post in the Service by direct recruitment unless he/she fulfills the age limit prescribed by the Haryana Government from time to time.

6. Appointing Authority :

Appointment to the post in the Service shall be made by the Director, HAREDA & Chairman, HAREDA for Grade III & IV and Class I & II respectively.

7. Qualifications:

No person shall be appointed to any post in the Service, unless he is in possession of qualifications and experience specified in Column 2 of Appendix B to these rules in the case of direct recruitment and those specified in Column 3 of the aforesaid Appendix in case of persons appointed other than by direct recruitment:

Provided that in the case of appointment by direct recruitment the qualifications regarding experience shall be relaxable to the extent of 50 percent at the discretion of the Commission in case sufficient number' of candidates belonging to Scheduled Castes, Backward Classes, Other Backward Classes, Ex-Service men and Physically handicapped categories possessing the requisite experience, are not available to fill up the vacancies reserved for them, after recording reasons for so doing in writing.

8. Disqualifications:

No person,

(a) who has entered into or contracted a marriage with a person having spouse living , or

(b) who having a spouse living, has entered or contracted a marriage with any person, shall be eligible for appointment to any post in Service :

Provided that the Government 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 rule.

9. Method of Recruitment:

(1) Recruitment to the Service shall be made, -

(a) in case of Chief Scientific Engineer,

(i) by promotion from the post of Scientific Engineer 'A'; or

(ii) by transfer or deputation of any officer already in the service of any State Government or the Government of India,

(b) in case of Scientific Engineer 'A' ,

(i) by promotion from amongst Senior Technical Managers ; or

(ii) by transfer or deputation of any officer already in the service of any State Government or the Government of India,

(c) in case of Senior Technical Manager ,

(i) 50% by promotion from amongst Technical Managers ; or

(ii) 50% by direct recruitment; or

(iii) by transfer or deputation of any officer already in the service of any State Government or the Government of India,

(d) in case of Technical Manager ,

(i) 50% by promotion from the post of Technician ; or

(ii) 50% by direct recruitment ; or

(iii) by transfer or deputation of any officer/official already in the service of any State Government or the Government of India,122 HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA) [ PART III (e) In case of Superintendent,

(i) By Promotion: Two years experience as Deputy Superintendent or seven years experience as Assistant. Or

(ii) By Transfer : Two years experience as Deputy Superintendent or seven years experience as Assistant.

(iii) Knowledge of Hindi upto Matric standard.

(f) in case of Section Officer,

(i) on deputation from the SAS cadre of the Finance Department, Haryana

(g) in case of Personal Assistant ,

(i) by promotion from the post of Senior Scale Stenographers ; or

(ii) by transfer or deputation of any officer/official already in the service of any State Government or the Government of India,

(h) in case of Junior Librarian,

(i) by direct recruitment ; or

(ii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(i) in case of Assistant,

(i) by promotion from amongst Clerks/Steno Typist ; or

(ii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(j) in case of Senior Scale Stenographer ,

(i) 50% by promotion from the post of Steno-Typist ;

(ii) 50% by direct recruitment; or

(iii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(k) in case of Technician ,

(i) by direct recruitment ; or

(ii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(l) in case of Clerk

(i) 20% by promotion from the post of Peon ;

(ii) 80% by direct recruitment ; or

(iii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(m) in case of Steno Typist ,

(i) by direct recruitment ; or

(ii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(n) in case of Drivers ,

(i) by direct recruitment ; or

(ii) by transfer or deputation of any official already in the service of any State Government or the Government of India,PART III] HARYANA GOVT. GAZ., MAY 15, 2018 (VYSK. 25, 1940 SAKA) 123 (o) in case of Peon,

(i) by direct recruitment ; or

(iii) by transfer or deputation of any official already in the service of any State Government or the Government of India,

(2) All promotions, unless otherwise provided, shall be made on seniority-cum- merit basis and seniority alone shall not confer any right to such promotions.

10. Probation:

(1) Persons appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct recruitment, and one year, if appointed otherwise;

Provided that:-

(a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation;

(b) any period of work in equivalent or higher rank, prior to appointment to any post in the Service may, in the case of an appointment by transfer, at the discretion of the appointing authority be allowed to count towards the period of probation fixed under this rule : and

(c) any period of officiating appointment shall be reckoned as period spent on probation, but no person who has so officiated shall on the completion of the prescribed period of probation be entitled to be confirmed, unless he if appointed against a permanent vacancy.

(2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, it may,

(a) if such person is appointed by direct recruitment, dispense with his Services : and (b) If such person is appointed otherwise than by direct recruitment,

(i) revert him to his former post : or

(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.

(3) On the completion of the period of probation of a person, the appointing authority may, (a) if his work or conduct has, in its opinion, been satisfactory,

(i) confirm such person from the date of his appointment, if appointed, against a permanent vacancy; or

(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy: or

(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy ; or

(b) if his work or conduct has in its opinion, been not satisfactory,

(i) dispense with his Services, if appointed by direct recruitment, if appointed otherwise revert him to his former post or deal with him in such other manner as the terms and conditions of his previous appointment permit ; or

(ii) extend his period of probation and thereafter pass such orders, as it could have passed on the expiry of first period of probation ;

Provided that the total period of probation, including extension, if any shall not exceed three years.

11. Seniority:

Seniority, inter se of members of the Service shall be determined by the length of continuous Service on any post in the Service:

Provided that where there are different cadres in the Service, the seniority shall be determined separately for each cadre:

Provided further that in the case of a member appointed by direct recruitment, the order of merit determined by the Commission shall not be disturbed in fixing the seniority:

Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:-

(a) a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer;

(b) a member appointed by promotion shall be senior to a member appointed by transfer;

(c) in the case of a member appointed by promotion or by transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred ; and

(d) in the case of a member appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher pay in his previous appointment; and if the rates of pay drawn are also the same, then by the length of their Service in the appointments and if the length of such Service is also the same, the older member shall be senior to the younger member.

12. Liability to serve

(1) A member of the Service shall be liable to serve at any place, whether within or outside the State of Haryana, on being ordered so to do by the appointing authority.

(2) A member of the service may also be adopted to serve under;

(i) a company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the State Government, a Municipal Corporation or a local authority or university within the State of Haryana ;

(ii) the Central Government or a company, an association or a body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the Central Government ; or

(iii) any other State Government, an international organization, an autonomous body not controlled by the Government or a private body :

Provided that no member of the service shall be deputed to serve the Central or any other State Government or any organization or body referred to in clauses (ii) or (iii) except with his consent.

13. Pay, leave, pension and other matters;

In respect of pay, leave, pension and all other matters, not expressly provided for in these rules, the members of the 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' the constitution of India or under any law for the time being in force made by the State Legislature.

14. Lien:

The appointing authority may allow an employee of the Centre to be on deputation to an outside agency on such terms and conditions as may be determined by the competent authority in consultation with the foreign employer. No employee of the Centre on deputation with an outside agency shall be allowed to retain a lien on his/her post for more than two years unless otherwise decided by the Chairman.

15. Discipline, Penalties and appeals:

(1) In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Haryana Civil Services (Punishment and Appeal), Rules, 2016, as amended from time to time ;

Provided that the nature of penalties which may be imposed the authority empowered to impose such penalties and appellate authority shall subject to the provision of any law or rules made under article 309 of the Constitution of India, be such as are specified in Appendix C to these rules.

(2) The authority competent to pass an order under Rule 4 Haryana Civil Services (Punishment and Appeal) Rules, 2016 as defined under clause (f) below rule 3 of the said rule and appellate authority shall be as specified in Appendix D to these rules.

16. Vaccination;

Every member of the Service shall get himself vaccinated and re-vaccinated as and when the Chairman of the BOG so directs by a special or general order.

17. Oath of allegiance

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

18. Power of relaxation:

Where the Chairman, HAREDA is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

19. Special provisions:

Notwithstanding anything contained in these rules the appointing authority may impose special terms and conditions in the order of appointment if it is deemed expedient to do so.

20. Reservation

Nothing contained in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Other. Backward Classes, Ex-servicemen, physically handicapped persons OR any other class or category of persons in accordance with the order issued by the State Government in this regard, from time to time.

Provided that the total percentage of reservations so made shall not exceed fifty percent, at any time.

21. Repeal and savings :

Any rule applicable to the Service and corresponding to any of these rules which is in force immediately before the commencement of these rules is, hereby, repealed :

Provided that any order made or action taken under the rule so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

SHAILENDRA SHUKLA,

Chairman, HAREDA.

APPENDIX -A

(see rule 3)

APPENDIX – B

APPENDIX C

APPENDIX D

SHAILENDRA SHUKLA, Chairman, HAREDA. [69-1]

56228—C.S.—H.G.P., Chd.