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