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Punjab Gazette · Government of Punjab

Punjab soil and water conservation service rules 2020

Published 08 July 2020

Department
Legal and Legislative Affairs
Type
Extra Ordinary
Notification no.
Art309/2020
Gazetteid
CHD/0092/2018-2020
Identifier
in.gazette.punjabdsa.2020-07-08.38130
Languages
English, Punjabi

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262Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), JULY 8, 2020

(ASAR 17, 1942 SAKA)

EXTRAORDINARY

Published by Authority

CHANDIGARH, WEDNESDAY, JULY 8, 2020

(ASADHA 17, 1942 SAKA)

LEGISLATIVE SUPPLEMENT

Contents Pages

Part - I Acts

Nil

Part - II Ordinances

Nil

Part - III Delegated Legislation

.. 263-276

Notification No. G.S.R. 38/Const./ Art. 309/ 2020, dated the 26th June, 2020, containing the Punjab Soil and Water Conservation (Non-Ministerial) (Group-"B") Service Rules, 2020.

Part - IV Correction Slips, Republications and

Replacements

Nil

______

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF AGRICULTURE AND FARMERS' WELFARE

(AGRICULTURE-3 BRANCH)

NOTIFICATION

The 26th June , 2020

No. G.S.R. 38/Const./Art.309/2020.- In exercise of the powers

conferred by the provision to article 309 of the Constitution of India and all

other powers enabling him in this behalf, the Governor of Punjab is pleased to

make the following rules regulating the recruitment and the conditions of service

of the persons appointed to the Punjab Soil and Water Conservation

(Non-Ministerial) (Group "B") Service, namely:-

RULES

1. Short title, commencement and application.-(1) These rules may be

called the Punjab Soil and Water Conservation (Non-Ministerial) (Group

'B') Service Rules, 2020.

(2) They shall come into force on and with effect from the date of their

publication in the Official Gazette.

(3) They shall apply to the posts specified in Appendix "A".

2. Definitions.-(1) In these rules, unless the context otherwise

requires,-

(a) "Appendix" means an appendix appended to these rules;

(b) "Chief Conservator" means the Chief Conservator of Soils, Punjab;

and includes an officer appointed by the Government to perform

the functions and duties of Chief Conservator of Soils;

(c) "Government" means the Government of the State of Punjab in the

Department of Soil and Water Conservation; and

(d) "Service" means the Punjab Soil and Water Conservation (Non-

Ministerial) (Group 'B') Service.

(2) The words and expressions used in these rules but not defined shall

have the respective meanings as assigned to these expressions in

the Punjab Civil Services (General and Common Conditions of

Service) Rules, 1994.

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3. Number and character of posts.- The Service shall comprise the

posts specified in Appendix 'A':

Provided that nothing in these rules shall affect the inherent right of

the Government to add or reduce the number of such posts or to create

new posts with different designations and scales of pay, whether

permanently or temporarily.

4. Appointing authority.- All appointments to the Service shall be made

by the Government.

5. Method of appointment, qualification and experience.- (1)

Appointment to the Service shall be made in the manner specified in

Appendix "B":

Provided that if no suitable candidate is available for appointment

by promotion or by direct appointment, as the case may be, then

appointment to the Service shall be made by transfer of a person holding

a similar post under the State Government or the Government of India.

(2) No person shall be appointed to any post in the Service, unless he

possesses the qualifications and experience as specified against

that post in Appendix "B".

(3) Appointment to the Service by promotion shall be made on the

basis of seniority-cum-merit, but no person shall have any right to

claim promotion on the basis of seniority alone.

6. Pay of the members of Service.- The members of the Service shall be

entitled to such scales of pay, as may be authorized by the Punjab Government

from time to time. The scales of pay, at present, in force are given in

Appendix "A".

7. Discipline, punishment and appeal.- (1) In the matters of discipline,

punishment and appeals, the members of the Service shall be governed by the

Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from

time to time.

(2) The authority empowered to impose penalties as specified in rule 5

of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 in respect

of the members of the Service, shall be the Government.

8. Application of the Punjab Civil Services (General and Common

Conditions of Service) Rules, 1994.- (1)In respect of the matters, which

are not specifically provided in these rules, the members of the Service shall 265

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be governed by the Punjab Civil Services (General and Common Conditions of

Service) Rules, 1994, as amended from time to time.

(2) The Punjab Civil Services (General and Common Conditions of

Service) Rules, 1994, at present in force, are contained in Appendix 'C'.

9. Repeal and savings.- The Punjab Soil and Water Conservation and

Wasteland Development Class-III Service (Non-Ministerial) Rules, 2001,

in so far as these are applicable to the members of the Service are hereby

repealed:

Provided that any order issued or any action taken under the rules

so repealed shall be deemed to have been issued or taken under the

corresponding provisions of these rules.

10. Interpretation.- If any question arises as to the interpretation of these

rules, the Government in consultation with the Department of Personnel,

shall decide the same.

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Appendix 'A'

(see rules 1 (3), 3 and 6)

Serial    Designation of the post  Number of       Scale of pay+Grade
No.                                posts           pay (in rupees)
1         2                        3               4
1.        Circle Head Draftsman    3               10300-34800+5400
2.        Head  Draftsman          7               10300-34800+5000
3.        Technical Assistant      1               10300-34800+4800
4.        Draftsman/               67              10300-34800+4600
          Cartographic Assistant
5.        Statistical Assistant    1               10300-34800+4400

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Appendix 'B'

(See rule 5)

Serial  Designation     Percentage    of           Method of appointment qualification
No.     of  the post    appointment by              and experience for appointment by

Direct Promotion Direct Promotion

appointment appointment

1. Circle Head ---- Hundred ---- From amongst the Draftsman percent Head Draftsmen or

Draftsmen, who have an experience of working as such for a minimum period of six years.

2. Head Hundred ---- From amongst the

Draftsman percent Draftsmen/

Cartographic Assistants, who have an experience of

working as such for a minimum period of five years.

3. Technical Hundred ---- From amongst the

Assistant percent Statistical Assistants,

who have an experience of working as such for a minimum period of three years.

4. Draftsman/ Hundred ---- From amongst the

Cartographic Percent Junior Draftsmen who are working under the Assistant control of the Chief

Conservator and who have an experience of working as such for a minimum period of

five years.

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5. Statistical Hundred ---- Master's ----

Assistant percent degree of a

recognized

University in

Economics or

Mathematics or

Agricultural

Economics or

Commerce with

Statistics as one

of the subjects

or Master's

degree in

Statistics of a

recognized

University or

institution;

OR

Graduate

having 50%

marks with

Economics or

Mathematics or

Agricultural

Economics or

Commerce with

Statistics as one

of the elective

subject of a

recognized

University or

institution.

Preference will

be given to a

candidate

possessing

Master's degree 269

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in the subjects

mentioned

above and a

candidate who

is Graduate in

the subjects

mentioned

above having an

experience in

collection,

compilation and

analysis of

statistical data

in a

Government

office or an

institution

recognized by

the State

Government at

least for a

period of one

year in the case

of candidates

possessing

M.Sc. degree

and at least

three years in

the case of

Graduates.

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APPENDIX 'C'

(See Rule '6')

1. Short title, commencement and application.-

(i) These rules may be called the Punjab Civil Services (General and

Common Conditions of Service) Rules, 1994.

(ii) They shall come into force at once.

(iii) They shall apply to all the posts in Class 1, Class 11 and Class 111

services in connection with the affairs of the State of Punjab.

2. Definitions.- In these rules, unless the context otherwise requires,

(a) ''Appointing Authority'' means an appointing authority specified as

such in the Service Rules made under article 309 of the Constitution

of India in respect of any service or post in connection with the

affairs of the State of Punjab.

(b) ''Board'' means the Subordinate Services Selection Board, Punjab

or any other authority constituted to perform its functions.

(c) ''Commission'' means the Punjab Public Service Commission.

(d) ''Direct Appointment'' means an appointment made otherwise than

by promotion or by transfer of a person already in the service of

Government of India or of a State Government;

(e) ''Government'' means the Government of the State of Punjab in

the Department of Agriculture, Punjab.

(f) ''Recognised University or Institution'' means:-(i) Any University

or Institution incorporated by law in any of the State of India, or

(ii) Any other University or Institution which is declared by the

Government to be a recognised University or Institution for

the purpose of these rules.

(g) ''Service'' means any Class-III Service, (Ministerial) constituted in

connection with the affairs of the State of Punjab.

3. Nationality, domicile and character of person's appointed to the

service.-

(1)   No person shall be appointed to the service unless he is:-
      (a)  a citizen of India, or
      (b)  a citizen of Nepal, or
      (c)  a subject of Bhutan, or

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(d) a Tibetan refugee who came over to India before the 1st day

of 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 and East African Countries of Kenya,

Uganda and United Republic of Tanzania (formerly

Tanganyika and Zanzibar) Zamila, Malawi, Zairo, Ethiopia

and Vietnam with the intention of permanently settling in India.

Provided that a person belonging to any of the categories (b),

(c), (d) and (e) shall be person in whose favour a certificate

of eligibility has been given by the Government of Punjab in

the Department of Home Affairs and Justice.

(2) A person in whose case a certificate of eligibility is necessary may

be admitted to an examination or interview conducted by the Commission or

the Board, as the case may be, on his furnishing proof that he has applied for

the certificate but he shall not be appointed to the service unless the necessary

certificate is given to him by the Government of Punjab in the Department of

Home Affairs and Justice.

(3) No person shall be recruited to the service by direct appointment,

unless he produces.

(a) A certificate of character from the Principal, Academic Officer of

the University, College, School or Institution last attended, if any,

and similar certificates from two responsible persons not being his

relatives who are well acquainted with him in his private life and

are unconnected with the 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 and removed from service of any State Govt, or of

Government of India, or of any Public Sector Undertaking.

4. Disqualification.-No person--(a) who has entered into or contracted a

marriage with a person having a spouse living or

(b) 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 the Government, if satisfied that such marriage is

permissible under the personal law applicable to such person and the other 272

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party to the marriage and that there are other grounds for so doing, exempt

any person from the operation of this rule.

5. Age.- (1) No person shall be recruited to the Service by direct

appointment, if, he is less than eighteen years or is more than thirty-five years

of age for Technical and Non Technical posts on the 1st day of January of the

year immediately preceding the last date fixed for submission of applications

by the Commission or the Board as the case may be, or unless he is within

such range of minimum and maximum age limits as may be specifically fixed

by the Government from time to time;

Provided that where different lower and upper age limits have been

specifically prescribed for posts in the Service Rules, these limits shall be

made applicable for appointment to such posts:

Provided further that the upper age limit may be relaxed up to forty-five

years in the case of persons already in the employment of the Punjab

Government, other State Government or the Government of India:

Provided further that in the case of candidates belonging to Scheduled

Castes and other Backward Classes, the upper age limit shall be as such as

may be fixed by the Government from time to time.

(2) In the case of ex-servicemen, the upper age limit shall be as such

as has been prescribed in the Punjab Recruitment of Ex-servicemen Rules,

1982, as amended from time to time.

(3) In the case of appointment on compassionate ground on priority

basis, the upper age limit shall be as such as may be specifically fixed by the

Government from time to time.

6. Qualifications etc.- The number and character of posts, method of

recruitment and educational qualifications and experience for appointment to

a post or posts in a Service and the departmental examination, if any, shall be

such as shown in Appendix 'B'

7. Probation.- (1) A person appointed to any post in the service shall remain

on probation for period of two years, if recruited by direct appointment 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) In the case of an appointment by transfer, any period of work on

an equivalent or higher rank, prior to appointment to the Service, 273

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may in the discretion of the appointing authority, be allowed to

count towards the period of probation two and half years;

(c) Any period of officiating appointment to the service shall be

reckoned as period spent on probation; and

(d) any kind of leave not exceeding six months during or at the end of

period of probation, shall be counted towards the period of probation.

(2) If, in the opinion of the appointing authority, the work or conduct of

a person during the period of probation is not satisfactory or if he has failed to

pass the departmental examination, if any, prescribed in Service Rules within

a period not exceeding two and a half years from the date of appointment, it

may,--

(a) If such person is recruited by direct appointment, dispense with his

service, or revert him to a post on which he held lien prior to his

appointment to the service by direct appointment; and

(b) if such person is appointed otherwise--

(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 and conduct has in its opinion been satisfactory confirm

such person from the date of his appointment or from the date he

completes his period of probation satisfactorily, if he is not already

confirmed, or declare that he has completed his probation

satisfactorily, if he is already confirmed; or

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

he has failed to pass the departmental examination, if any, specified

in the Service rules--

(i) dispense with his services, if appointed by direct appointment

or if appointed otherwise revert him to his former post, or

deal with him in such manner as the terms and conditions of

his previous appointment may permit;

(ii) extend his period of probation and thereafter pass such order

as it could have passed on the expiry of the period of probation

as specified in sub-rule (1):

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Provided that the total period of probation including extension, if any,

shall not exceed three years.

8. Seniority.-- The seniority inter se of persons appointed to posts in each

cadre of a service shall be determined by the length of continuous service on

such post in that cadre of the service:

Provided that in the case of person recruited by direct appointment who

join within the period specified in the order of appointment or within such

period as may be extended from time to time by the appointing authority subject

to a maximum of four months from the date of order of appointment, the order

of merit determined by the Commission or the Board, as the case may be shall

not be disturbed:

Provided further that in case a person is permitted to join the post after

the expiry of the said period of four months in consultation with the Commission

or the Board, as the case may be, his seniority shall be determined from the

date he joins the post:

Provided further that in case any person of the next selection has joined

a post in the cadre of the concerned Service before the person referred to in

the preceding proviso joins, the person so referred shall be placed below all

the persons of the next selections who join within the time specified in the first

proviso:

Provided further that in the cadre of two or more persons appointed on

the same date, their seniority shall be determined as follows:-

(a) a person appointed by direct appointment shall be senior to a person

appointed otherwise ;

(b) a person appointed by promotion shall be senior to a person

appointed by transfer;

(c) in the case of persons appointed by promotion or transfer, the

seniority shall be determined according to the seniority of such

persons in the appointments from which they were promoted or

transferred ; and

(d) in the case of persons appointed by transfer from different cadres

their seniority shall be determined according to pay, preference

being given to a person who was drawing a higher rate of pay in

his previous appointment and if the rates of pay drawn are also the

same then by their length of service in these appointments and if 275

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(ASAR 17, 1942 SAKA)

the length of service is also the same, an older person shall be

senior to a younger person.

Note:- Seniority of persons appointed on purely provisional basis or

on ad hoc basis shall be determined as and when they are regularly appointed

keeping in view the dates of such regular appointment.

9. Liability of members of service to transfer.- A member of a Service

may be transferred to any post whether included in any other service or not,

on the same terms and conditions as are specified in rule 3.17 of the Punjab

Civil Service Rules, Volume I, Part-I.

10. Liability to serve.- A member of a services shall be liable to serve at

any place, whether within or out of the State of Punjab, on being ordered so to

do by the appointing authority.

11. Leave, Pension and other matters.- In respect of pay, leave, pension

and all other matters not expressly provided for in these rules a member of a

service shall be governed by such rules and regulations as may have been or

may hereafter be adopted or made by the competent authority.

12. Discipline, penalties and Appeals.- (1) In the matter of discipline,

punishments and appeals, members of the Service shall be governed by the

Punjab Civil Services (Punishment and Appeal) Rules, 1970 as amended from

time to time.

(ii) The Authority competent to impose penalties shall be as shown in

Appendix 'C'.

13. Liability for vaccination and re-vaccination.- Every member of a

Service shall get himself vaccinated or re-vaccinated when Punjab Government

so directs by a special or general order.

14. Oath of allegiance.-Every member of a Service, unless he has already

done so, shall be required to take oath of allegiance to India and to the

Constitution of India as by law established.

15. Knowledge of Punjabi Language.- No person shall be appointed to

any post in any service by direct appointment unless he has possess knowledge

of Punjabi language of Matriculation standard or it equivalent :

Provided that where a person in appointed on compassionate grounds on

priority basis under the instructions issued in this behalf by the Government,

the person so appointed will have to acquire knowledge of Punjabi language

of Matriculation standard or will have to qualify a test conducted by the

Language Wing of Department of Education of Punjab Government within 6

months on the date of his appointment :

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Provided further that where educational qualifications for an post in any

service are lower than the Matriculation knowledge of Punjabi Language shall

be lowered according.

16. Debarring for consideration for promotion of a Government

employee who refuses to accept promotion.- In the event of refusal to

accept promotion by a member of a Service, he shall be debarred by the

appointing authority from consideration for promotion for all the consecutive

chances which may occur in future within a period of two years from the date

of such refusal to accept promotion :

Provided that in a case where the appointing authority is satisfied that a

member of a service has refused to accept promotion under the circumstances

beyond his control, it may exempt such a member for reasons to be recorded

therefore in writing from the operation of this rule.

17. Power to relax.-Where the government is of the opinion that it is

necessary or expedient so to do, 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 :

Provided that the provisions relating to educational qualifications and

experience, if any, shall not be relaxed.

18. Over riding effect.-The provisions of these rules shall have effect not

withstanding anything to the contrary contained in any rules for the time being

in force for regulating the recruitment and conditions of service for appointment

to public service and posts in connection with the affairs of the State.

19. Interpretation.-If any question arises as to the interpretation of these

rules, the Government shall decide the same.

A.S. CHATHA,

Chief Secretary to Government of Punjab.

ANIRUDH TEWARI,

Additional Chief Secretary (Development) to

Government of Punjab,

Department of Agriculture and Farmers' Welfare.

2053/7-2020/Pb. Govt. Press, S.A.S. Nagar

Cite this issue. Punjab Gazette, Government of Punjab, 08 July 2020. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.punjabdsa.2020-07-08.38130/. Archive identifier in.gazette.punjabdsa.2020-07-08.38130.