PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 26, 2020

(KRTK 4, 1942 SAKA)

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

EXTRA

EXTRAORDINAR

ORDINAR

ORDINARY

Published by Authority

CHANDIGARH, MONDAY, OCTOBER 26, 2020

(KARTIKA 4, 1942 SAKA)

( xcvi )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part - I

Acts

Nil

Part - II

Ordinances

Nil

Part - III

Delegated Legislation

Notification No. S.O.48/C.A.59/1988/ Ss. 99,

100 and 102/Amd./2020, dated the 21st

October, 2020, containing amendment in the

Punjab Transport Scheme, 2018.

Notification No. G.S.R. 86/Const./Art.309/

Amd.(3)/2020, dated the 20th October, 2020,

containing amendment in the Punjab Health

and Family Welfare Technical (Group 'C')

Service Rules, 2016.

.. 553-554

.. 555-556

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Notification No. G.S.R. 87/Const./Arts.309

and 15/ 2020, dated the 21st October, 2020,

containing the Punjab Civil Services

(Reservation of posts for Women) Rules,

2020.

Part - IV

Correction Slips, Republications and

Replacements

Nil

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xcvii

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF TRANSPORT

(TRASNPORT II BRANCH)

NOTIFICATION

The 21st October, 2020

No. S.O. 48/C.A.59/1988/Ss. 99, 100 and 102/Amd./2020.-In

exercise of the powers conferred by section 99 and 102 of the Motor Vehicles

Act, 1988 (Central Act No. 59 of 1988), and all other powers enabling him in

this behalf, the Governor of Punjab is pleased to formulate a proposal further

to amend the Punjab Transport Scheme, 2018.

Notice is hereby given that any person may within a period of 30 days

from the date of publication of the above said proposal in the Official Gazette,

file objections as required under sub- section (1) of section 100 of the aforesaid

Act, to the Principal Secretary to Government of Punjab, Department of

Transport, Punjab Civil Secretariat-2, Sector 9, Chandigarh against the proposed

Scheme given below and such objections shall be considered by the State

Government in accordance with the provisions of sub-section (2) of section

100 ibid, namely:-

DRAFT SCHEME

(i)

The Scheme may be called the Punjab Transport (Amendment)

Scheme, 2020.

(ii)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

In the Punjab Transport Scheme, 2018 (hereafter referred to as the said

Scheme), for clause 4, the following shall be substituted, namely:-

"4. So as to curtail unhealthy competition among stage carriages

that results in over-speeding, unauthorized stoppages and sudden

braking causing discomfort to passengers on board and

compromising road safety, a computerized time table shall be

introduced which shall ensure equity, public interest organized

and regulated movement of stage carriages. All the STUs and

private operators holding stage carriage permits shall follow the

same."

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In the said Scheme, in clause No. 9, for item No. (iii), the following shall

be substituted namely:-

"(iii) the operator furnishing on undertaking to comply with all

the terms and provisions of the present Scheme except that

preseribed in Clause 3E."

K. SIVA PRASAD, IAS,

Principal Secretary to Government of Punjab,

Department of Transport.

2137/10-2020/Pb. Govt. Press, S.A.S. Nagar

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PART III

GOVERNEMENT OF PUNJAB

DEPARTMENT OF HEALTH AND FAMILY WELFARE

(HEALTH-5 BRANCH)

NOTIFICATION

The 20th October, 2020

No. G.S.R. 86/Const./Art.309/Amd.(3)/2020.- In exercise of the

powers conferred by the proviso 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 further to amend the Punjab Health and

Family Welfare Technical (Group 'C') Service Rules, 2016, namely: -

RULES

(1)

These rules may be called the Punjab Health and Family Welfare

Technical (Group 'C') Service (Second Amendment) Rules, 2020.

(2)

They shall come into force on and with effect from the date of

their publication in the official Gazette.

In the Punjab Health and Family Welfare Technical (Group 'C') Service

Rules, 2016, in Appendix B against Serial No. 20 under column 5 captioned as

“Direct Appointment” the following shall be substituted, namely: -

“(i)

Should have passed the Senior Secondary Part-II Examination

in Science (Physics, Chemistry and Biology) and English or

its equivalent from a recognized university or institution;

(ii)

should possess a Degree of Medical Laboratory Technician

from a recognized university or institution; and

(iii) should have an experience of one year for operating the dialysis

machine as Dialysis Technician from a reputed institution.

(i)

Should have passed the Senior Secondary Part-II Examination

in Science (Physics, Chemistry and Biology) and English or

its equivalent from a recognized university or institution; and

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(ii)

should possess Degree of B.Sc. (Dialysis Technician) from a

recognized university or institution;

Note:

Preference shall be given to the candidates having Degree of

B.Sc. (Dialysis Technician)”.

HUSSAN LAL, IAS,

Principal Secretary to Government of Punjab,

Department of Health and Family Welfare.

2137/10-2020/Pb. Govt. Press, S.A.S. Nagar

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF SOCIAL SECURITY, WOMEN

AND CHILD DEVELOPMENT

(SOCIAL SECURITY BRANCH)

NOTIFICATION

The 21st October, 2020

No. G.S.R. 87/Const./Arts.309 and 15/2020.-In exercise of the powers

conferred by the proviso to Article 309 read with clause (3) of Article 15 of

the Constitution of India, the Governor of Punjab is pleased to make the

following rules for providing reservation in services for women in direct

recruitment, namely:-

RULES

Short title and commencement.- (1) These rules may be called The

Punjab Civil Services (Reservation of Posts for Women) Rules, 2020.

(2)

These rules shall come into force on and with effect from the date

of their publication in the Official Gazette.

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

(a)

"establishment" means any office of the State Government, a local

authority or a statutory authority constituted under any State Law for the time

being in force, or a Board or Corporation in which not less than fifty-one per

cent of the paid up share of capital is held by the Government of the State of

Punjab and includes a university or college affiliated to the university, primary

and secondary schools and other educational institutions, which are owned

by the State Government and also includes an establishment in public sector;

and

(b)

"establishment in public sector" means any industry, trade, business

or occupation owned, controlled or managed by,-

(i)

the State Government ; and

(ii)

Government Company as defined in sub-section (45) of

section 2 of the Companies Act, 2013, in which not less than

fifty-one per cent of the paid up share capital is held by the

Government of the State of Punjab.

Scope and application.- Without prejudice to the generality of the

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provisions contained in any Service rules, these rules shall apply to the

filling up of posts by direct recruitment in all the establishments in Group

'A', Group 'B', Group 'C' and Group 'D' services.

Percentage and manner of reservation of posts.- (1) Notwithstanding

anything contained in any Service rules, there shall be a thirty-three

percent reservation, in favour of women, in all posts in Group 'A', Group

'B', Group 'C' and Group 'D' services under all the establishments at the

stage of direct recruitment and this reservation shall be horizontal and

compartmentalised.

(2)

Where a vacancy is filled by direct recruitment by a woman on the

basis of merit, then such woman candidate shall be appointed against the

horizontal reservation for women within their respective vertical

reservation in any category.

Explanation.-

(i)

"Vertical reservation" means reservation in favour of the Scheduled

Castes, Backward Classes, Other Backward Classes and Economically

Weaker Sections under clauses (4) and (6) of Article 16 of the Constitution

of India.

(ii)

For the purposes of this rule, "horizontal and compartmentalised

reservation" means reservation within each watertight category, namely,

Scheduled Castes, Backward Classes, Other Backward Classes,

Economically Weaker Sections and Open Category.

Procedure for reservation of posts.- (1) The reservation of posts

for women set out in rule 4 shall be applied in the following manner, namely:-

(i)

firstly, to fill the quota of the Open Category in order of merit and

thereafter;

(ii)

secondly, to fill up each of the vertical reservation quotas and

thereafter;

(iii)

thirdly, to find out how many women belonging to specific vertical

reservation have been selected on the above basis and thereafter;

(iv)

if the number of women candidates in each vertical is equal to or

more than the thirty three percent reservation quota for women,

then there shall be no further selection towards the reservation

quota for women.

(2)

Only if there is any shortfall of women candidates in a vertical

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category, then the requisite number of women belonging to such vertical

category shall have to be taken and adjusted or accommodated against their

respective vertical reservation categories by deleting the corresponding number

of candidates therefrom. This process of verification and adjustment or

accommodation shall be applied separately to each of the vertical reservations.

In such a case, the overall reservation of thirty-three percent in favour of

women, may be satisfied or may not be satisfied.

(3)

If the posts remain unfilled due to lack of sufficient number of

eligible women candidates, then the unfilled posts shall not be carried forward

to subsequent years and such posts shall be filled from the other candidates of

the respective vertical categories.

Example.-

If there are 200 vacancies and fifteen percent are reserved

for Schedule Castes and twenty seven percent for Other

Backward Classes under vertical reservation; and thirty three

percent are reserved for women under horizontal reservation,

then, there are 116 seats in Open Category, thirty seats for

Schedule Castes and fifty four seats for Other Backward

Classes under vertical reservation. Since, thirty three percent

seats in each vertical is the reservation quota for women, i.e.

thirty eight seats for Open Category women, ten seats for

Schedule Caste women and eighteen seats for Other Backward

Classes women.

Step 1.- Candidates shall have to be first listed in

accordance with merit, from out of the successful eligible

candidates, in their respective vertical categories.

Step 2.- As such, thirty posts are reserved for Schedule

Castse (of which the quota for women is ten), Schedule

Caste candidates shall have to be first listed in accordance

with merit, from out of the successful eligible candidates.

If such list of thirty candidates contains ten Schedule

Caste women candidates, then there is no need to disturb

the list by including any further Schedule Caste women

candidates. On the other hand, if the list of thirty Schedule

Caste candidates contains only eight women candidates,

then the next two Schedule Caste women candidates in

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accordance with merit, will have to be included in the list

and corresponding number of candidates from the bottom

of such list shall have to be deleted, so as to ensure that

the final list of thirty selected Schedule Caste candidates

contains ten women Schedule Caste candidates. But if

the list of thirty Schedule Caste candidates contains more

than ten women candidates, selected on own merit, all of

them will continue in the list and there is no question of

deleting the excess women candidates on the ground that

Schedule Caste women have been selected in excess of

the specified internal quota of ten.

Step 3.- Repeat this exercise for each vertical to fill

vacancies.

It is clarified that if there is a shortfall of women in any

watertight vertical category e.g. two Schedule Caste

women (above) are not available in the list then,-

(i)

the vacancy shall not be made available to women of any other

vertical category i.e. Open Category Women or Other

Backward Class women; and

(ii)

as such, the overall reservation of thirty three percent in favour

of women, may be satisfied or may not be satisfied.

Power to remove difficulties.- If any difficulty arises in giving effect

to the provisions of these rules, it shall be referred to the State Government in

the Department of Personnel, whose decision thereon shall be final.

RAJI P. SHRIVASTAVA,

Principal Secretary to Government of Punjab,

Department of Social Security, Women

and Child Development.

2137/10-2020/Pb. Govt. Press, S.A.S. Nagar

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