The Haryana Service of Engineers, Group A, Irrigation Department (Amendment) Act, 2018 (Haryana Act No.3 of 2019).

HARYANA GOVERNMENT

LAW AND LEGISLATIVE DEPARTMENT

Notification

The 17th January, 2019

No. Leg. 3/2019.— The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 16th January, 2019 and is hereby published for general information:–

HARYANA ACT NO. 3 OF 2019

THE HARYANA SERVICE OF ENGINEERS, GROUP A, IRRIGATION

DEPARTMENT (AMENDMENT) Act, 2018

AN

ACT

further to amend the Haryana Service of Engineers, Group A, Irrigation

Department Act, 2010.

Be it enacted by the Legislature of the State of Haryana in the Sixty-ninth Year of the

Republic of India as follows:-

Short title.

1. This Act may be called the Haryana Service of Engineers, Group A, Irrigation Department (Amendment) Act, 2018.

2. In the long title of the Haryana Service of Engineers, Group A, Irrigation Department Act, 2010 (hereinafter called the principal Act), for the words ―IRRIGATION DEPARTMENT‖, the words ―IRRIGATION AND WATER RESOURCES DEPARTMENT‖ shall be substituted.

Amendment of long title of Haryana Act 21 of 2010.

3. In the preamble of the principle Act, for the words ―Irrigation Department‖, the words ―Irrigation and Water Resources Department‖ shall be substituted.

Amendment of preamble to Haryana Act 21 of 2010.

4. In the short title of the principle Act, for the words ―Irrigation Department‖, the words ―Irrigation and Water Resources Department‖ shall be substituted.

Amendment of short title of Haryana Act 21 of 2010.

5. In section 1of the principal Act,-

Amendment of section 1 of Haryana Act 21 of 2010.

(i) in sub-section (2), for the words, figures and sign ―1st day of November, 1966‖, the words, figures and sign ―25th day of October, 2010‖ shall be substituted; and

(ii) in sub-section (3), for the words, figures and sign ―1st day of November, 1966‖, the

words, figures and sign ―25th day of October, 2010‖ shall be substituted.

6. In section 2 of the principal Act,-

(i) in clause (g), for the words ―Irrigation Department‖, the words ―Irrigation and

Amendment of section 2 of Haryana Act 21 of 2010.

Water Resources Department‖ shall be substituted; and

(ii) in clause (q), sub-clause (ii) shall be omitted.

7. Clause (b) of sub-section (1) of section 4 of the principal Act shall be omitted. Amendment of

section 4 of Haryana Act 21 of 2010.

9. In section 8 of the principal Act,-

(i) for sub-section (1), the following sub-section shall be substituted, namely:-

Amendment of section 8 of Haryana Act 21 of 2010.

―(1) Subject to the provisions of sub-sections (2) and (3), members of the Service of the respective cadre shall be eligible for promotion on the basis of degree required for initial appointment to any of the post within their respective cadres:

Provided that a member of Group B Service who does not possess one of the degrees of a university or other qualifications as specified in section 6 shall not be eligible for promotion to the post of Executive Engineer till he has acquired the requisite qualification:

Provided further that promotion to the post of Engineer-in-Chief shall be made from amongst the Chief Engineers on the basis of seniority. Where two or more Chief Engineers from different cadres have equal seniority at the level of Chief Engineer, promotion shall be done on the basis of recommendation of a committee to be constituted by the Government for this purpose. While constituting the committee, the Government shall specify the criteria to be adopted.‖; and (ii) in sub-section (3), after the proviso, the following Note shall be added, namely:-

"Note.— Promotion at every stage in the cadre up to the post of Chief Engineer is done on seniority-cum-merit basis. For promotion to the post of Engineer-in-Chief, merit shall not be considered.‖.

10. For sub-section (2) of section 11 of the principal Act, the following sub-section shall be substituted, namely:-

Amendment of section 11 of Haryana Act 21 of 2010.

―(2) In the case of Executive Engineers promoted from Group B Service and those appointed by transfer on the same day, promoted Executive Engineers shall be senior.‖.

11. In section 23 of the principal Act,-

(i) for the words ―Irrigation Department‖, the words ―Irrigation and Water Resources Amendment of section 23 of Haryana Act 21 of 2010.

Department‖ shall be substituted; and

(ii) for clause (a), the following clause shall be substituted, namely:-

―(a) the person who became member of Service before the 25th October, 2010 shall be governed by the provisions of the Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) Respectively Act, 1995 (20 of 1995) till his retirement.‖.

MEENAKSHI I. MEHTA, Secretary to Government, Haryana, Law and Legislative Department.

8526—L.R.—H.G.P., Pkl.