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&&&&&&&

[Authoritative English text of this Department Notification No.Home(Vig.)A(3)-4/2006,

dated as required under clause (3) of Article 348 of the Constitution of India].

HOME (VIGILANCE) DEPARTMENT

NOTIFICATION

Shimla-2, the ...... July, 2011

No. Home(Vig.)A(3)-4/2006.—In exercise of the power conferred by section 16 read with

subsection (2) of section 13 of the Himachal Pradesh Lokayukta Act, 1983 (Act No. 17 of 1983),

the Governor of Himachal Pradesh in consultation with the Lokayukta, Himachal Pradesh, is

pleased to make the Recruitment and Promotion Rules for the post of Reader Class-I (Gazetted) in

the office of Lokayukta, Himachal Pradesh, as per Annexure-‘A’ attached to this notification,

namely :—

1. Short title and Commencement.—(1) These rules may be called the office of

Lokayukta, Himachal Pradesh, Reader Class-I (Gazetted) Recruitment and Promotion Rules,

2011.

(2) These rules shall come into force from the date of their Publication in the Official

Gazette.

2. Repeal & Savings. (1) The Office of Lokayukta, Himachal Pradesh,Reader Class-I

(Gazetted) Recruitment and Promotion Rules,1996, issued vide notification No.Per(Vig.) B(3)-

2/89-II dated 16.06.1996 are hereby repealed.

(2) Notwithstanding such repeal, any appointment made or anything done or any action

taken under the rules so repealed under sub-rule (1) supra shall be deemed to have been validly

made or done or taken under these rules.

By order,

Sd/-

Pr. Secretary (Home/ Vigilance).

________

PROMOTION RULES FOR THE POST OF READER (CLASS-I), GAZETTED), IN

THE OFFICE OF LOKAYUKTA, HIMACHAL PRADESH

1. Name of Post.—Reader.

2. Number of post.—1 (One)

3. Classification.—Class-I (Gazetted)

4. Scale of Pay.—i) Pay Scale for Regular incumbents:

Pay Band in the scale of Rs. 10300-34800+Grade Pay Rs. 5000/-

938

jkti=] fgekpy izns'k] 1 twu] 2011@11 T;s"B] 1933

ii) Emoluments for Contract employees:

Rs. 15300/- contractual fixed amount (as per details given in Col.15-A.) per month.

5. Whether Selection post or Non-Selection post.—Selection.

6. Age for direct recruitment.—45 years and below.

Provided that the upper age limit for direct recruits will not be applicable to the candidate

already in service of the Government including those who have been appointed on adhoc or on

contract basis;

Provided further that if a candidate appointed on adhoc or on contract basis had become

overage on the date when he was appointed as such he shall not be eligible for any relaxation in the

prescribed age limit by virtue of his such adhoc or contract appointment;

Provided further that upper age limit is relaxable for Scheduled Caste/Scheduled

Tribes/Other Backward categories of persons to the extend permissible under the general or special

order(s) of the Himachal Pradesh Government;

Provided further that the employees of all the Public Sector Corporations and Autonomous

Bodies who happened to be Governments Servants before absorption in Public Sector/

Corporations/ Autonomous Bodies at the time of initial constitution of such Corporations/

Autonomous Bodies shall be allowed, age concession in direct recruitment as admissible to

Government Servants.

This concession will not, however, be admissible to such staff of the Public Sector

Corporation/ Autonomous Bodies who were/are subsequently appointed by such Corporation/

Autonomous Bodies and who are/were finally absorbed in the service of such Corporation/

Autonomous Bodies after initial constitution of the Public Sector Corporations/Autonomous

Bodies.

Note:—(1) Age limit for direct recruitment will be reckoned on the first day of the year in which

the post(s) is/are advertised for inviting applications or notified to the Employment Exchanges or as

the case may be.

(2) Age and experienced in the case of direct recruitment relaxable at the discretion of the

H.P. Public Service Commission in case the candidate is otherwise well qualified.

7. Minimum educational qualification and other qualifications required for direct

recruits.—1. ESSENTIAL QUALIFICATION:—Graduate from any recognized University

with at least of five year administrative or professional experience.

(2) DESIRABLE QUALIFICATIONS:—Knowledge of customs, manners and dialects of

Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the

Pradesh.

8. Whether age and educational qualifications prescribed for direct recruits will

apply in the case of the promotees.—Age: Not applicable. Educational qualification : Yes.

9. Period of probation, if any.—Two years subject to such further extension for a period

not exceeding one year as may be ordered by the competent authority in special circumstances and

reasons to be recorded in writing.

jkti=] fgekpy izns'k] 1 twu] 2011@11 T;s"B] 1933

939

10. Method of recruitment whether by direct recruitment or by promotion

secondment, transfer, and the percentage of posts to be filled in by various methods.—100%

by promotion failing which by direct recruitment on regular basis or direct recruitmenton contract

basis as the case may be. The contract employees will get emoluments as given in Col. 15-A and

will be governed by service conditions as specified in the said column.

11. In case by recruitment by promotion, deputation, transfer, grade from

whichpromotion/transfer is to be made.—By promotion from amongst the Senior Assistant who

fulfils educational qualification as prescribed in column No. 7 i.e. Graduate from any recognized

university and possessing 11 years regular service or regular combined with continuous adhoc

service rendered if any in the grade.

In all cases of promotion, the continuous adhoc service rendered in the feeder posts, if any,

prior to the regular appointment to the post shall be taken into account towards the length of service

as prescribed in these rules for promotion subject to the condition that the adhoc appointment/

promotion in the feeder category had been made after following proper acceptable process of

selection in accordance with the provisions of R & P Rules;

Provided that in all cases where a junior person become eligible for consideration by virtue

of his total length of service (including the service rendered on adhoc basis followed by regular

service/appointment) in the feeder post in view of the provision referred to above, all person senior

to him in the respective category/ post/cadre shall be deemed to be eligible for consideration and

placed above the junior person in the filed of consideration.

Provided further that all incumbents to be considered for promotion shall possess the

minimum qualifying service of at least 03 years or that prescribed in the R & P Rules for the post

whichever is less.

Provided further that where a person becomes ineligible to be considered for promotion on

account of the requirements of the proceeding proviso, the persons(s) junior to him shall also be

deemed to be ineligible for consideration for such promotion.

EXPLANATION:—The last proviso shall not render the junior incumbents ineligible for

consideration for promotion if the senior ineligible persons happened to be Ex-servicemen recruited

under the provisions happened to be Ex-servicemen recruited under the provisions of Rule-3 of the

Demobilized Armed Forces Personnel(Reservation of Vacancies in Himachal State Non-Technical

Services), 1972 and having been given the benefit of seniority there under or recruited under the

provisions of Rule-3 of the Ex-Servicemen(Reservation of Vacancies in the Himachal Pradesh

Technical Services)Rules, 1985 and having been given the benefit of seniority there under.

(2) Similarly, in all cases of confirmation continuous adhoc service rendered on the feeder

post, if any, prior to the regular appointment against such post shall be taken into account towards

the length of service, if the adhoc appointment/promotion had been made after proper selection and

in accordance with the provision of the R& P Rules;

Provided that inter-seniority as a result of confirmation after taking into account, adhoc

service as referred to above shall remain unchanged.

12. If a Departmental Promotion Committee exists, what is its composition.—DPC to

be presided over by the Chairman, H.P. Public Service Commission or a Members thereof to be

nominated by him.

13. Circumstances under which the H.P. Public Service Commission to be consulted in

making recruited.—As required under the Law.

940

jkti=] fgekpy izns'k] 1 twu] 2011@11 T;s"B] 1933

14. Essential requirements for a direct recruitment.—A candidate for appointment to

any service or post must be a citizen of India.

15. Selection for appointment to post by direct recruitment.—Selection for appointment

to the post or in the case of direct recruitment shall be made on the basis of vivavoce test, if H.P.

Public Service Commission or other recruiting authority as the case may be so consider necessary

or expedient by a written test or practical test, the standard/syllabus etc. of which will be

determined by the recruiting authority, as the case may be.

15-A. Selection for appointment to the post by contract appointment.—Notwith-

standing anything contained these rules contract appointments to the post will be made subject to

the terms & conditions given below :

(I) CONCEPT.—(a) Under this policy the Reader in the office of the Lokayukta, H.P. will

be engaged on contract basis initially for one year, which may be extendable for two more years on

year-to-year basis.

(b) POST FALLS WITHIN THE PURVIEW OF HPPSC.—The Secretary, Lokayukta

after obtaining the approval of the Government to fill up the vacant posts on contract basis will

place the requisition with the concerned recruiting agency i.e H.P. Public Service Commission.

these Rules.

(II) CONTRACTUAL EMOLUMENTS.—Reader appointed on contract basis will be

paid consolidated fixed contractual amount @ Rs. 15300/- P.M An amount equal to 3% of the

contractual amount as annual increase in the contractual emoluments for the subsequent year(s) will

be allowed if contract is extended beyond one year.

(III) APPOINTING/DISCIPLINARY AUTHORITY.—The Secretary (Lokayukta),

Himachal Pradesh will be appointing and disciplinary authority.

(IV) SELECTION PROCESS.—Selection for appointment to the post in the case of

contract appointment will be made on the basis of viva-voce test or if considered necessary or

expedient by a written test or practical test the standard/syllabus etc, of which will be determined

by the concerned recruiting agency i.e. H.P Public Service Commission.

(V) COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS.—As

may be constituted by the concerned recruiting agency i.e. H.P Public Service Commission from

time to time.

(VI) AGREEMENT.—After selection of a candidate, he/she shall sign an agreement as per

Annexure-B appended to these Rules.

(VII) TERMS AND CONDITIONS.—(a) The contract appointee will be paid fixed

contractual amount @ Rs. 15300/- P.M. The contract appointee will be entitled for increase in

contractual amount @ 3% of the minimum of Pay Band+Grade Pay of the post for further extended

years and no other allied benefits such as seniority/selection scales etc shall be given.

(b) The service of the Contract Appointee will be purely on temporary basis. The

appointment is liable to be terminated in case the performance/conduct of the contract appointee is

not found satisfactory.

service.

This leave can be accumulated up to one year. No leave of any other kind is admissible to

the contract appointee. He/She shall not be entitled for Medical reimbursement and LTC etc., only

Maternity Leave will be given as per rules.

jkti=] fgekpy izns'k] 1 twu] 2011@11 T;s"B] 1933

941

(d) Unauthorized absence from the duty without the approval of the Controlling Officer

shall automatically lead to the termination of the contract. Contract appointee shall not be entitled

for contractual amount for the period of absence from duty.

(e) Transfer of a contract appointee will not be permitted from one place to another in any

case.

(f) Selected candidate will have to submit a certificate of his/her fitness from a

Government/Registered Medical Practitioner. Women candidate pregnant beyond 12 weeks will

stand temporarily unfit till the confinement is over. The women candidate will be re-examined for

the fitness from an authorized Medical Officer/Practitioner.

(g) Contract appointee will be entitled to TA/DA if required to go on tour in connection

with his/her official duties at the same rate as applicable to regular officials at the minimum of the

pay scale.

(h) Provisions of service Rules like F.R., S.R., Leave Rules, F.P.F., Pension Rules and

Conduct Rules etc. as are applicable to regular employees will not be applicable in case of contract

appointees. They will be entitled for emoluments etc. as detailed in this column

16. Reservation.— The appointment to the service shall be subject to orders regarding

reservation in the service for Scheduled Castes/ Scheduled Tribes/ other Backward Classes/ other

Categories of persons issued by the Himachal Pradesh Government from time to time.

17. Departmental Examination.—Every member of the service shall pass a Departmental

Examination as prescribed in the H.P. Departmental Examination Rules, 1997, as amended from

time to time.

18. Power to relax.—Where the State Government is of the opinion that it is necessary or

expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with

the H.P. public Service Commission, relax any of the provisions of these Rules with respect to any

class or category of persons or posts.

—————

Annexure-“B”

FORM OF CONTRACT /AGREEMENT TO BE EXECUTED BETWEEN THE

READER CLASS-I (GAZETTE AND THE GOVT.OF HIMACHAL PRADESH

THROUGH SECRETARY, LOKAYUKTA, HIMACHAL PRADESH

This agreement is made on this _______________ day of ______________ in the

year____________ Between Sh./Smt.__________________S/o /D/o Shri____________________

_______________________________________________________________________________

Contract appointee (hereinafter called the FIRST PARTY), AND the Secretary, Lokayukta,

Himachal Pradesh (here-in-after called the SECOND PARTY).

Whereas, the SECOND PARTY has engaged the FIRST PARTY and the FIRST PARTY

has agreed to serve as ______________ on contract basis on the following terms and conditions:

1. That the ‘FIRST PARTY’ shall remain in the service of the ‘SECOND PARTY’ as a

___________ for a period of one year commencing on theday of ________________ and ending on

the day of _________________ It is specifically mentioned and agreed upon by both the parties

that the contract of the FIRST PARTY with SECOND PARTY shall ipso-facto stand terminated on

the last working day i.e. on _____________ and information notice shall not be necessary.

942

jkti=] fgekpy izns'k] 1 twu] 2011@11 T;s"B] 1933

2. That contractual amount of the ‘FIRST PARTY’ will be Rs.________ per month i.e.

initial of pay scale plus Dearness Pay. Annual increase equal to an amount of Rs. __________ &

________ shall be granted if contract is extended for second and third year.

3. The service of ‘FIRST PARTY’ will be purely on temporary basis. The appointment is

liable to be terminated in case of performance/ conduct of contract appointee is not found satisfied.

4. The contract appointment shall not confer any right to incumbent for the regular service

at any stage.

5. ‘FIRST PARTY’ will be entitled for one day casual leave after putting one month

service. This leave can be accumulated up to one year. No leave of any kind is admissible to the

‘FIRST PARTY’. He/She will not be entitled for Medical Reimbursement and LTC etc. Only

maternity leave will be given as per rules.

6. Un authorized absence from the duty without the approval of the controlling officer shall

automatically lead to he termination of the contract.The ‘FIRST PARTY’ will not be entitled for

contractual amount for the period of absence from duty.

7. Transfer of an Official appointed on contract basis will not be permitted from one place

to another in any case.

8. ‘FIRST PARTY’ will submit a certificate of his/her fitness from a Government/

Registered Medical Practitioner. In case of women candidates pregnant beyond twelve weeks will

render her temporarily unfit till the confinement is over. The women candidate shall be reexamined

for fitness from an authorized Medical Officer/practitioner.

9. ‘FIRST PARTY’ shall be entitled to TA/DA if required to go on tour in connection with

his official duties at the same rate as applicable to regular counter part Official at the minimum of

the pay scale.

10. The Employees Group Insurance Scheme as well as EPF/GPF will not be applicable to

the ‘FIRST PARTY’.

IN WITHNESS the FIRST PARTY AND SENCOND PARTY have herein to set their

hands the day, month and year first, above written.

IN THE PRESENCE OF WITNESS:

1. ___________________________

_________________________

__________________________

(Name and Full Address)

(Signature of the FIRST PARTY)

2. _______________________________

_____________________________

______________________________

(Name and Full Address)

IN THE PRESENCE OF WITNESS

1.__________________________________

____________________________________

_____________________________________

(Name and Full Address)

(Signature of the SECOND PARTY)

2. _________________________________

_________________________________

(Name and Full Address)

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