PUNJAB GOVT. GAZ., MARCH 26, 2021

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( xxxviii )

LEGISLATIVE SUPPLEMENT

Contents

Pages

Part I

Acts

Nil

Part II

Ordinances

Nil

Part III

Delegated Legislation

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.

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

*****

ORDINARY

Published by Authority

CHANDIGARH, FRIDAY, MARCH 26, 2021

(CHAITRA 5, 1943 SAKA)

313-323

325-334

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(CHTR 5, 1943 SAKA)

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

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.

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.

Application of the rules. - These rules shall apply to the proceedings

under the Act and all matters incidental thereto.

Application to the Allotment Commissioner.- (1) A landless, marginal

or small farmer in cultivating possession and occupation of land for a period of

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.

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

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.

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

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

being allotted.

Sections 3

(2), 11 and

14 (2) (a).

Sections

5 (2), 11

and 14

(2) (a).

Sections

5 (3), 6,

11 and 14

(2)(b)(c).

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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.

Determination of the price payable by the applicant for allotment

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.

Issuance of allotment letter.- (1) The Allotment Commissioner shall

communicate the orders of allotment to the applicant.

(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-

Sections

4 and 11.

Sections 4, 6,

11 and

14(2)(b)(c).

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issue a letter of allotment in Form C;

specify the total amount payable;

the acknowledgment with details of the twenty-five per cent of the

amount deposited by the applicant; and

the amount of each six equated installments specifying the due

date of each installment.

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

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

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

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.

Sections

6 and

14 (2)

(c).

Section

Sections

6 and

14 (2)

(d).

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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

Commissioner.

13.

Appeal.- (1) The grounds of appeal filed by or on behalf of a party to the

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.

Sections

6 (3)

and 8.

Sections

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FORM- 'A'

[See rule 4(1)]

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.

Name of Applicant

____________________

Category under which applied (attach certificate if belonging to S.C.)

Son of/Daughter/Wife of

_____________________

Details of land of which transfer is sought as per Jamabandi:-

Jamabandi for

Khewat/Khatauni No.

Number Khasra

Total Area

the year

Complete Address

_____________________

Email id

_____________________

Mobile Phone

_____________________

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

_____________________

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

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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:

Deputy Commissioner, ________

District head of concerned Department

Tehsildar, ________

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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

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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

...................................................

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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)

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.

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.

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)

Assistant Director/

10300-34800+5000

Assistant Controller of

Stores/ Store Inspection

Officer and Functional

Manager

Superintendent Grade-II

10300-34800+4800

(Head Office)

Superintendent Grade-II

10300-34800+ 4800

(Controller of Stores)

Superintendent Grade-II

10300-34800+ 4800

(District Industries Centres)

Naib Tehsildar

10300-34800+4800

Personal Assistant

10300-34800+4800

Assistant Manager

10300-34800+4800

(Information Techonology)

Information Technology

10300-34800+4400

Assistant

Legal Assistant

10300-34800+ 4400

(Head office)

10.

Senior Assistant

100

10300-34800+4400

(Head office)

11.

Senior Assistant (Field)

10300-34800+4400

12.

Senior Assistant

10300-34800+4400

(Controller of Stores)

13.

Accountant

10300-34800+4400

(Controller of Stores)

14.

Law Officer

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

Assistant

Fifty

Fifty per cent posts

(a) Should possess

Director/

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

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

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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

diploma in any

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

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

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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.

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.

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.

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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.

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.

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.

Assistant

Hundred -

(a) Should possess a

Manager

percent

degree in Bachelor of

(Information

Engineering /Bachelor

Technology)

of Technology in

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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.

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.

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

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Communication/

Computer Science

from a recognized

university or insti-

tution with atleast

fifty percent marks

in aggregate.

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.

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.

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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.

333

PUNJAB GOVT. GAZ., MARCH 26, 2021

(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.

2257/3-2020/Pb. Govt. Press, S.A.S. Nagar

334