HARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2019 (PAUS. 27, 1940 SAKA)

15

(15)

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:-

1.

This Act may be called the Haryana Service of Engineers, Group A, Irrigation Department

(Amendment) Act, 2018.

Short title.

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,-

(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.

Amendment of

section 1 of

Haryana Act 21

of 2010.

6.

In section 2 of the principal Act,-

(i)

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

Water Resources Department‖ shall be substituted; and

(ii)

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

Amendment of

section 2 of

Haryana Act 21

of 2010.

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.

8.

In sub-section (2) of section 5 of the principal Act, for the words, figures and sign ―1st day

of November, 1966‖, the words, figures and sign ―25th day of October, 2010‖ shall be

substituted.

Amendment of

section 5 of

Haryana Act 21

of 2010.

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HARYANA GOVT. GAZ. (EXTRA.), JAN. 17, 2019 (PAUS. 27, 1940 SAKA)

Amendment of

section 8 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:-

―(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.‖.

Amendment of

section 11 of

Haryana Act 21

of 2010.

10.

For sub-section (2) of section 11 of the principal Act, the following sub-section shall be

substituted, namely:-

―(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.‖.

Amendment of

section 23 of

Haryana Act 21

of 2010.

11.

In section 23 of the principal Act,-

(i)

for the words ―Irrigation Department‖, the words ―Irrigation and Water Resources

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.

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