PUNJAB GOVT. GAZ., MARCH 26, 2021
(CHTR 5, 1943 SAKA)
ORDINARYORDINARYORDINARYORDINARYORDINARY
Published by AuthorityPublished by AuthorityPublished by AuthorityPublished by AuthorityPublished by Authority
CHANDIGARH, FRIDAY, MARCH 26, 2021
(CHAITRA 5, 1943 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part I Acts
Nil
Part II Ordinances
Nil
Part III Delegated Legislation
1. Notification No. G.S.R. 28/P.A. 1/2021/ S.14/ 2021, dated the 16th March, 2021, containing the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Rules, 2021.
313-323
325-334
2. Notification No. G.S.R. 29/Const.Art.309/ Amd.(2)/2021, dated the 16th March, 2021, containing amendment in the Punjab Industries Non-Technical (Group 'B') Service Rules, 2007.
Part IV Correction Slips, Republications and
Replacements
Nil
*****
( xxxviii )
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF REVENUE, REHABILITATION
AND DISASTER MANAGEMENT
NOTIFICATION
The 16th March, 2021
No. G.S.R. 28/P.A.1/2021/S.14/2021.-In exercise of the powers conferred
by section 14 of the Punjab (Welfare and settlement of Landless, Marginal
and Small Occupant Farmers) Allotment of State Government Land Act, 2020
(Punjab Act 1 of 2021) and all other powers enabling him in this behalf, the
Governor of Punjab is pleased to make the following rules to carry out the
provisions of the Act, namely: –
RULES
1. Short title and commencement. - (1) These rules may be called the
Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant
Farmers) Allotment of State Government Land Rules, 2021.
(2) They shall come into force on and with effect from the date of their
publication in the Official Gazette.
2. Definitions. -In these rules, unless the context otherwise requires,-
(a) "Act" means the Punjab (Welfare and Settlement of Landless,
Marginal and Small Occupant Farmers) Allotment of State
Government Land Act, 2020;
(b) "applicant" means a person who applies for allotment of land under
the Act and includes his heir (s);
(c) "Form" means the Forms appended to these rules;
(d) "notification or notified" means a notification issued by the
Government and published in the Official Gazette.
(e) "revenue record" means the record maintained under the Punjab
Land Revenue Act, 1887 (Punjab Act No. XVII of 1887) and the
Punjab Land Record Manual;
(f) "section" means the section of the Act; and
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(g) words, expressions, and phrases used herein and not defined, but
defined in the Act shall carry the meanings respectively assigned to
them in the Act.
3. Application of the rules. - These rules shall apply to the proceedings
under the Act and all matters incidental thereto.
4. Application to the Allotment Commissioner.- (1) A landless, marginal
or small farmer in cultivating possession and occupation of land for a period of
Sections 3 (2), 11 and 14 (2) (a). ten years or more as on first day of January, 2020 may apply to the Allotment
Commissioner for the allotment of land in Form 'A'.
(2) The application shall be accompanied with copies of revenue record
showing the occupation and cultivating possession of land for a
period of ten years or more.
(3) A court fee of rupees one hundred shall be paid on an application
for allotment of land under the Act.
5. Notice of the application.- The Allotment Commissioner on receipt of
an application for allotment of land shall issue notice under sub-section (2) of
section 5 of the Act in Form 'B' to the Secretary to Government of Punjab in
Sections 5 (2), 11 and 14 (2) (a). the concerned Department of the Government of Punjab in which the land
vests to raise objections, if any, within sixty days of the receipt of notice.
6. Enquiry and order by the Allotment Commissioner- (1) The Allotment
Commissioner on receipt of an application for the allotment of land shall get a
report from the Tehsildar with his recommendation as to the genuineness of
Sections 5 (3), 6, 11 and 14 (2)(b)(c).
the applicant and his entitlement for allotment of land.
(2) The report and recommendation made by the Tehsildar as to the
genuineness of the applicant and his entitlement for allotment shall
be considered by the Allotment Commissioner who shall either accept
the report and recommendation or reject it.
(3) The Allotment Commissioner in case the land is to be allotted shall
pass an order by recording reasons therein-
(a) the grounds of the eligibility of the applicant for such allotment;
(b) the existing land holding, if any, of the applicant; and
(c) the price to be determined in terms of rule 7, at which the land is
being allotted.
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(4) The Allotment Commissioner in the event the application for allotment
of land is to be declined, shall by recording reasons pass an order declining
the application, which shall be communicated to the applicant.
7. Determination of the price payable by the applicant for allotment
Sections 4 and 11.
of land.- (1) The price payable by an applicant for allotment of land for a
marginal or small occupant farmer in the case of general category applicant
shall be fifty per cent of the Collector rate for land measuring up to two and a
half acres and sixty-five per cent of the Collector rate for land measuring
above two and a half acres and up to five acres.
(2) The amount payable by an applicant for allotment of land for a
marginal or small occupant farmer in the case of members of the Scheduled
Castes category and landless farmer, irrespective his being of the General
Category or member of the Scheduled Castes category, shall be thirty per cent
of the Collector rate for land measuring up to two and a half acres and forty
per cent of the Collector rate for land measuring above two and a half acres
and up to five acres.
(3) The price payable by an applicant for the allotment of land in lump
sum; twenty-five per cent of the lump sum and the balance in six equated
interest free instalments, mentioning the due dates, shall be calculated by the
Allotment Commissioner in the order of allotment and informed to the applicant.
(4) The price payable in lump sum within thirty days of the allotment
order for the allotment of land shall be calculated after deducting ten per cent
discount.
8. Issuance of allotment letter.- (1) The Allotment Commissioner shall
communicate the orders of allotment to the applicant.
Sections 4, 6, 11 and 14(2)(b)(c).
(2) The allottee shall within thirty days of the receipt of the order deposit
twenty-five per cent of the entire price determined.
(3) The period of thirty days for the deposit of the amount may, for
sufficient cause being shown, be extended by the Allotment Commissioner up
to forty-five days.
(4) The Allotment Commissioner, on deposit by the applicant, twenty-
five per cent of the price determined, shall- PUNJAB GOVT. GAZ., MARCH 26, 2021
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a) issue a letter of allotment in Form C;
b) specify the total amount payable;
c) the acknowledgment with details of the twenty-five per cent of the
amount deposited by the applicant; and
d) the amount of each six equated installments specifying the due
date of each installment.
9. Deposit of amount payable.– (1) The entire amount of price determined
for the allotment of land with ten percent discount, if the amount is deposited
within thirty days of the allotment order; or twenty-five per cent of the entire
Sections 6 and 14 (2) (c). amount and each of the six equated installments, and interest, if any that may
be liable to be paid shall be deposited by the allottee in the Punjab Government
treasury under the head as notified.
(2) The challan receipt of the amount deposited by the allottee in the
Punjab Government treasury shall be submitted to the Allotment Commissioner
who shall place the same on his case record.
(3) The Allotment Commissioner before proceeding to cancel the
allotment under sub-section (3) of section 6 of the Act shall give an opportunity
to an allottee to pay the amount due along with interest at the rate of six per
cent per annum from the due date till the date of payment.
(4) The final payment shall in any event be deposited by the allottee
within ninety days from the due date of the sixth and last installment.
10. Issuance of conveyance deed.- The Allotment Commissioner on the Section 7.
payment by the allottee of the entire price for the allotment of land along with
the interest, if any, applicable in terms of sub-rule (3) of rule 9 of these rules
shall issue a conveyance deed in Form 'D' in favour of the allotee.
11. Procedure for refund.- (1) In case an allottee defaults in the payment of
money or fails to deposit the initial amount or the balance of any installment
due and the allotment of land is cancelled under section 6 of the Act, the
Sections 6 and 14 (2) (d). amount deposited by the allottee for the allotment of land under the Act shall
be refunded to him by the Allotment Commissioner.
(2) In case of cancellation of an allotment under section 6 of the Act,
the allottee may within sixty days of the cancellation apply to the Allotment
Commissioner for refund of the amount deposited by him.
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(3) On receipt of an application under sub-rule (2), the Allotment
Commissioner after deducting twenty-five percent of the amount, refund the
balance amount to the allottee.
12. Disposal of land.– In the event of cancellation of the allotment of land
made, the allotted land shall be disposed of by public auction by the Allotment
Sections 6 (3) and 8.
Commissioner.
13. Appeal.- (1) The grounds of appeal filed by or on behalf of a party to the Sections 9.
Chief Allotment Commissioner, shall be as brief as the nature of the case
admits; and shall not be argumentative but shall be confined as far as possible
to a simple and concise narrative of the facts, which the party by whom or on
whose behalf the appeal is filed believes to be material to the case.
(2) The memorandum of appeal shall be accompanied by a copy of the
order appealed against along with a court fee of rupees one hundred.
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FORM- 'A'
[See rule 4(1)]
To
The Allotment Commissioner__________
District________________
Sir,
As required by section 3[2] of the Punjab [Welfare and Settlement
of Landless, Marginal and Small Occupant Farmers] Allotment of State
Government Land Act, 2020, I furnish the below particulars of the Punjab
Government land held by me, for allotment of the same. I am in continuous,
cultivating possession of this land from the crop __________ year__________.
It is also requested that the amount payable by me may be calculated and I be
informed accordingly.
It is submitted that no land is owned by the applicant/the total
land owned by the applicant in the State of Punjab is _________ Kanal/
Bighas _______ marla/biswas strike out whichever is not applicable.
1. Name of Applicant ____________________
2. Category under which applied (attach certificate if belonging to S.C.)
3. Son of/Daughter/Wife of _____________________
4. Details of land of which transfer is sought as per Jamabandi:-
Jamabandi for Khewat/Khatauni No. Number Khasra Total Area
the year
5. Complete Address _____________________
6. Email id
_____________________
7. Mobile Phone _____________________
8. Landline No. _____________________
The copies of jamabandi from the year_____________to____________ and
the requisite girdawaris for___________years are enclosed.
Certificate
I solemnly affirm that the particulars given by me in the application
form are correct.
Date_____________ Signature__________
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Form- 'B'
(See rule 5)
Shri ___________________S/o ________________R/O Village
______________________Tehsil_________________Distrct______ has
submitted an application under section 3 of the Punjab [Welfare and Settlement
of Landless, Marginal and Small Occupant Farmers] Allotment of State
Government Land Act, 2020 for allotment of Punjab Government Land, the
ownership of which vests with your Department. Details of the land are as
under:-
Name of the Village _____________Tehsil______District _______Khewat/
Khatauni__________as per Jamabandi for the year____________.
In case you have any objection (s) to the said allotment, you may
submit the same with specific reasons within sixty days for consideration by
the undersigned.
In case of failure to receive your response within specified time, it
shall be deemed that your department has no objection to the transfer of the
said land.
Allotment Commissioner
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FORM-'C'
(See rule 8)
LETTER OF ALLOTMENT
To
_____________________
_____________________
Sub: Letter of allotment for land comprised in Khewat/
Khatauni_________ bearing khasra nos. _________ measuring
__________ Kanal/Bigha_____ Marla/Biswa_________situated in
village _______, H.B No.________ Tehsil _______, District ________
No. ____________ dated ___________
This is with reference to your application received on ___________ for
allotment of the above land.
2. This is to inform you that after consideration of your application the above
land is allotted to you subject to the following conditions, namely:-
(i) The allotment shall be subject to the provisions of the Punjab (Welfare
and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment
of State Government Land Act, 2020 read with the rules framed there-under
from time to time.
(ii) The allotment shall be for a total price of Rs. __________/- (figure to be
given in words also).
(iii) You have deposited twenty-five per cent of the above allotment price vide
challan/receipt No. _____ dated ______ in the ________Treasury. You have
the option of deposit of the balance seventy-five per cent of the allotment price
in lumpsum or in six equated instalments as per the Schedule given below :
Serial number of Instalment Due Date Total amount payable
1
2
3
4
5
6 PUNJAB GOVT. GAZ., MARCH 26, 2021
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(iv) The above amounts should be deposited within the stipulated time in the
Government Treasury under head _______, and the receipts submitted to this
office.
(v) This Letter of Allotment shall be deemed to have been cancelled at any
subsequent stage if the information / documents supplied by you are found to
be false or fabricated. Such allotment shall be cancelled and the entire money
deposited shall be forfeited.
(vi) Conveyance deed for the allotted land shall be issued after the entire price
of the land has been paid.
Allotment Commissioner
Endst no. ______ dated __________
A copy is forwarded to the following for information and necessary action:
1. Deputy Commissioner, ________
2. District head of concerned Department
3. Tehsildar, ________ PUNJAB GOVT. GAZ., MARCH 26, 2021
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Form 'D'
(See Rule 9)
Conveyance Deed which will be written in case of full ownership of the
Government Land sold as per 'The Punjab (Welfare and Settlement of Landless,
Marginal and Small Occupant Farmers) Allotment of State Government Land
Act, 2020'.
This document which on............date............(month)
year..........was written, was signed between the Governor of Punjab, who will
then be called the seller (as long as there is nothing against the context or its
meaning, including heirs and trustees) will be the first party and Sh............ s/o
Sh..............s/o Sh............. resident of (full adress)..................... Which will
be called the buyer (second party) will be called the second party and (which
will include his heirs, successors and administrators unless there is anything
contrary to the context or its meaning).
The Governor of Punjab is owner of the following land, which as
per Jamabandi year............, is registered with the .................. department of
Punjab Government.
Village...........Hadbast No.............Tehsil...........District........
Khewat No. Khatoni No. Khasra No. Area
Regarding the allotment of the above land, an application was
submitted by Sh.....s/o Sh......s/o Sh........ to the Allotment Commissioner,
Sub Division .......... through the date .......... The Allotment Commissioner
through his Order No. ........dated ........ has given his approval for allotment
of land as under. There is no record of any appeal or other application pending
against this order at any level.
Village...........Hadbast No.............Tehsil...........District........
Jamabandi/ Year Khewat No. Khatoni No. Khasra No. Area PUNJAB GOVT. GAZ., MARCH 26, 2021
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On behalf of Allotment Commissioner, Sh.......... who is the buyer
(second party), has deposited the full amount Rs............. in words...........
dated..........as fixed by the Allotment Commissioner in the Government treasury.
Thus the entire process has been completed by the Allotment Commissioner.
Based on the above facts The Governor of Punjab (seller first party)
Jamabandi year....... Khewat No......Khatoni No....... Khasra No...... including
area........ total area....... village......tehsil.....district...... agree to sell to buyer
(second party) after full price is paid. The buyer (second party) also agrees to
purchase the land in accordance with the above facts.
The seller (first party) also makes it clear that if the buyer (second
party) has obtained the order of the Allotment Commissioner by concealing or
misrepresenting any fact or by any offense under the Indian Penal Code, 1861
(IPC) and if such a crime has been explicitly ordered by the competent authority
or the court, then the Conveyance Deed will be automatically revoked. At the
same time according to this the property will be transferred back in the ownership
of Government by cancelling the entries and details in the revenue records of
the revenue department through the appropriate system.
In this way, the seller has sold all the above mentioned rights, route,
land entry of the above land which he has acquired till now, to the buyer
(second party)........... through this conveyance deed.
The entire cost of this Conveyance Deed (stamp duty, registration
fee etc.) has been borne by the buyer. This Conveyance Deed has been written
and is considered correct by both the parties.
Date.........
Witness No.1........... Signature of the official authorized by the seller (with
designation)
Full Address.............
Witness No.2........... ............................................................
Full Address............. ............................................................
Buyer's Signature
...................................................
2257/3-2020/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF INDUSTRIES AND COMMERCE
(Administration-I Branch)
NOTIFICATION
The 16th March, 2021
No. G.S.R. 29/Const./Art.309/Amd.(2)/2021. - 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 Industries
Non-Technical (Group-B) Service Rules, 2007, namely:-
RULES
1. (1) These rules may be called the Punjab Industries Non-Technical
(Group B) (Amendment) Service Rules, 2021.
(2) They shall come into force on and with effect from the date of their
publication in the official Gazette.
2. In the Punjab Industries Non-Technical (Group-B) Service Rules, 2007
(hereinafter referred to as the said rules), in the rule 6, for the words
"Punjab Government", the words "Department of Finance " shall be
substituted.
3. In the said rules, for rule 7, the following rule shall be substituted, namely:-
"7. Discipline, punishment and appeal.- (1) In the matters of
discipline, punishment and appeal, the members of the Service shall be
governed by the Punjab Civil Services (Punishment and Appeal) Rules,
1970, as amemded 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
shall be the Administrative Secretary and the appellate authority thereunder
in respect of the members of the Service, shall be the Minister In-charge
of the Department.
4. In the said rules, for Appendix 'A', the following Appendix shall be
substituted, namely:-
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"Appendix 'A'
[ See rules 1 (3), 3 and 6]
Serial Designation of the Post Number of Scale of Pay (in rupees) No. Posts with grade pay
(Permanent)
1 2 3 4
1. Assistant Director/ 96 10300-34800+5000
Assistant Controller of
Stores/ Store Inspection
Officer and Functional
Manager
2. Superintendent Grade-II 12 10300-34800+4800
(Head Office)
3. Superintendent Grade-II 4 10300-34800+ 4800
(Controller of Stores)
4. Superintendent Grade-II 22 10300-34800+ 4800
(District Industries Centres)
5. Naib Tehsildar 1 10300-34800+4800
6. Personal Assistant 1 10300-34800+4800
7. Assistant Manager 1 10300-34800+4800
(Information Techonology)
8. Information Technology 3 10300-34800+4400
Assistant
9. Legal Assistant 3 10300-34800+ 4400
(Head office)
10. Senior Assistant 100 10300-34800+4400
(Head office)
11. Senior Assistant (Field) 66 10300-34800+4400
12. Senior Assistant 14 10300-34800+4400
(Controller of Stores)
13. Accountant 1 10300-34800+4400
(Controller of Stores)
14. Law Officer 1 10300-34800+4200".
5. In the said rules, for Appendix 'B', the following Appendix shall be
substituted, namely :-
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"Appendix 'B'
[ See rule 5 ]
Serial Designation Percentage for Method of appointment,
No. of the Post appointment by- qualifications and experience
for appointment by-
Promotion Direct Promotion Direct
Appoint Appointment
ment
1 2 3 4 5 6
1. Assistant Fifty Fifty Fifty per cent posts (a) Should possess
Director/ percent percent by promotion shall a degree in any
Assistant be filled as under:- discipline of
Controller
(a) Twenty-one per Engineering or in
of Stores/ cent from amongst any discipline of
Store
the Block Level Textile Technology
Inspection Extension Officers, or its equivalent
Officer working under the from a recognized
and control of the university or
Functional Director, who are institution; Or
Manager graduates from a (b) Should posses a
recognized university diploma in any
or institution and discipline/branch of
who possess a Engineering or in any
diploma in any branch of Textile
discipline of Technology or its
Engineering from a equivalent from a
recognized university recognized university
or institution and or institution; and
have an experience should have an
of working as such experience of
for a minimum working in a
period of six years; Government
(b) twenty per cent department,
from amongst the Public Sector 328
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Senior Industrial Undertaking or in
Promotion Officers, any registered
working under the industry after
control of the obtaining the
Director, who are requisite diploma,
graduates from a for a minimum
recognized university period of five
or institution and years;
who possess a Or
diploma in any (c) Should possess a
discipline of degree of Master
Engineering from a of Business
recognized university Administration or
or institution and Post Graduate
have an experience Degree in second
of working as such division in
for a minimum Economics or
period of six years; Mathematics or
and Chemistry or
(c) nine per cent Agriculture or
from amongst the Physics or
Superintendents Commerce or
Grade-II, working Statistics or its
in the Head Office equivalent from a
of the Director, and recognized
the Superintendents university or
Grade-II, working institution.
in the field offices
of the Director, who
are graduates from
a recognized
university or
institution and have
an experience of
working as such for PUNJAB GOVT. GAZ., MARCH 26, 2021
329
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a minimum period
of three years.
Note:- The posts
from Superintendent
Grade-II, working in
the Head Office of
the Director and
Superintendents
Grade-II working in
the field offices shall
be filled in the ratio
of 33:66,
respectively.
2. Superint- Hundred - From amongst the -
endent percent Senior Assistants
Grade-II working under the
(Head control of the
Office) Director, who have
an experience of
working as such for
a minimum period
of six years.
3. Superinten- Hundred - From amongst the -
dent percent Senior Assistants,
Grade-II working in the field
(Controller office of the
of Stores) Controller of Stores
under the control of
the Director, who
have an experience
of working as such
for a minimum
period of six years.
330
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4. Superinte- Hundred - From amongst the -
ndent percent Senior Assistants,
Grade-II working in the field
(District offices of the
Industries District Industries
Centres) Centres under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of six years.
5. Naib Hundred - From amongst the -
Tehsildar percent Kanungo, working
under the control of
the Director, who
have an experience
of working as such
for a minimum
period of five years.
6. Personal Hundred - From amongst the -
Assistant percent Junior Scale
Stenographers,
working under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of six years.
7. Assistant - Hundred - (a) Should possess a
Manager percent degree in Bachelor of
(Information
Engineering /Bachelor
Technology)
of Technology in PUNJAB GOVT. GAZ., MARCH 26, 2021
331
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Information
Technology/ Electronics
and Communication/
Computer Science; and
Masters of Business
Administration from a
recognized university or
institution with atleast
fifty percent marks in
aggregate in each case.
OR
Should possess a
Master's degree in
Computer
Applications and
Masters of Business
Administration
from a recognized
university or
institution with
atleast fifty percent
marks in aggregate
in each case; and
(b) should have an
experience of atleast
two years in the
field of Information
and Communication
Technology.
8. Information - Hundred - (a) Should possess a
Techonology percent degree in Bachelor
Assistant
of Engineering or
Bachelor of Techn-
ology in Inform-
ation Technology/
Electronics and 332
PUNJAB GOVT. GAZ., MARCH 26, 2021
(CHTR 5, 1943 SAKA)
Communication/
Computer Science
from a recognized
university or insti-
tution with atleast
fifty percent marks
in aggregate.
OR
should possess a
Master's degree in
Computer Applica-
tions from a reco-
gnized university or
institution with atle-
ast fifty percent
marks in aggregate;
and
(b) Should have an
experience of atleast
two years in the
field of Infor-
mation and Comm-
unication Techno-
logy.
9. Legal - Hundred - (a) Should be a Law
Assistant percent Graduate from a
(Head
recognized
office)
university or
institution; and
(b) should have
practiced at the Bar
for a minimum
period of three
years.
PUNJAB GOVT. GAZ., MARCH 26, 2021
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10. Senior Hundred - From amongst -
Assistant percent the Clerks and
(Head Stenographers,
Office) working under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of four years.
11. Senior Hundred - From amongst -
Assistant percent the Clerks and
(Field) Stenogrphers,
working in the field
offices of the
District Industries
Centres under the
control of the
Director, who have
an experience of
working as such for
a minimum period
of four years.
12. Senior Hundred - From amongst -
Assistant percent the Clerks and
(Controller Stenographers,
of Stores) working in field
office of the
Controller of Stores
under the control
of the Director,
who have an
experience of
working as such
for a minimum
period of four
years.
334
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(CHTR 5, 1943 SAKA)
13. Accoutant Hundred - From amongst -
(Controller percent the Clerks and
of Stores) Stenographers,
working in field
office of the
Controller of Stores
under the control
of the Director,
who have an
experience of
working as such for
a minimum period
of four years.
14. Law - Hundred - (a) Should be a Law
Officer percent Graduate from a
recognized
university or
institution; and
(b) Should have
practiced at the Bar
for a minimum
period of five
years.".
SIBIN C,
Secretary to Government of Punjab,
Department of Industries and Commerce.