Published vide Haryana Government Notification No. G.S.R. 11/P.A. 16/65/S. 54/96, dated 25th January, 1996

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Health Department

The 25th January, 1996

No. G.S.R. 11/P.A. 16/65/S. 54/96. - In exercise of the powers conferred by sub-section (1) of section 54 of the Punjab Homoeopathic Practitioners Act, 1965 (Punjab Act No. 16 of 1965) and with the previous sanction of the State Government, the Council of Homoeopathic System of Medicine, Haryana, hereby makes the following regulations governing and regulating the appointment, recruitment and terms and conditions of service of employees other than the Registrar of the Council of Homoeopathic System of Medicine, Haryana, namely :-

Part I

General

Short title.- These Regulations may be called the Haryana Council of Homoeopathic System of Medicine Staff Regulations, 1996.
Definitions.- In these regulations, unless the context otherwise requires, -

(a) "Act" means the Punjab Homoeopathic Practitioners Act, 1965;

(b) "direct recruitment" means an appointment made otherwise than by promotion from within the service or by transfer of an official already in the service of the Government of India or any State Government;

(d) "institution" means :-

(i) any institution established by law in force in the State of Haryana; or

(ii) any other institution recognised by the Government for the purpose of these regulations;

(e) "recognised University" means, -

(i) any University incorporated by law in India; or

(ii) in the case of a degree, diploma or certificate obtained as a result of an examination held before the 15th August, 1947, the Panjab, Sind or Dacca University; or

(iii) any other University which is declared by the Government to be a recognised University for the purpose of these regulations;

(f) "Section" means section of the Act;

(g) "Service" means the service of the Council;

(h) words and expressions used in these regulations but not defined shall have the meaning assigned to them in the Act.

Part II

Recruitment to Service

Time and place at which Council shall hold its meetings.[Section 12]. - (1) The Council shall ordinarily meet twice in a year in the months of July and October, at such time as may be fixed by the Chairman :

Provided that the Chairman may, whenever he thinks fit, and shall, upon the written request of not less than three members, call a special meeting.

(2) The meeting of the Council shall be convened by the Chairman and shall be held at the Headquarter of the Council :

Provided that the Chairman may, in public interest, hold the meeting at any place within the State of Haryana.

Number and character of posts.[Section 14(5)]. - The Service shall comprise the posts shown in Appendix A to these regulations :

Provided that the Council may make additions to, or reductions in, the number of such posts or convert the existing posts or upgrade the existing posts or create new posts, with different designations and scales of pay either permanently or temporarily, subject to the previous approval of the State Government.

Nationality, domicile and character of candidates appointed to the Service.[Section 54]. - (1) No person shall be appointed to any post in the Service, unless he is, -

(a) a citizen of India; or

(b) a subject of Nepal; or

(d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently setting in India; or

(e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the east African Countries of Kenya, Uganda, the United Republic of Tanzania (Formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India.:

Provided that a person belonging to categories (b), (c), (d) or (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government.

(2) A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Council or any other recruiting authority of the Council, but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.

(3) No person shall be appointed to any post in the Service by direct appointment, unless he produces a certificate of character from the principal academic officer of the university, college, school of institution last attended, if any, and similar certificate from two other responsible persons, not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.

(4) No person shall be allowed to enter the service unless he produces a medical certificate of fitness issued by a Civil Surgeon or a Senior Medical Officer or a Medical Officer of equivalent status.

Disqualifications.[Section 54]. - 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 any post in the Service :

Provided that the Council may, if satisfied, that such a marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this regulation.

Age.[Section 54]. - No person shall be recruited to the Service by direct recruitment who is less than seventeen years or more than thirty-five years of age on the 1st January, next preceding the last date of submission of application to the Council :

Provided that the appointing authority may for reasons to be recorded in writing relax the upper age limit for a category or class of person :

Provided further that in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Classes and Handicapped categories and other categories as specified by the Government from time to time, the upper age limit shall be such as may be fixed by the Government from time to time.

Appointing authority.[Section 54]. - All appointments to the posts in the Service shall be made by the Council :

Provided that the number and designation of the persons appointed to the Service and their salaries and allowances shall be subject to the previous approval of the State Government.

Qualifications.[Section 54]. - No person shall be appointed to any post in the Service unless he possesses the qualifications and experience as specified in column 3 of Appendix B to these regulations in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of appointment other than by direct recruitment :

Provided that in the case of appointment by direct recruitment, the qualifications regarding experience shall be relaxable to the extent of 50% at the discretion of Council or any other recruiting authority in case sufficient number of candidates belonging to Scheduled Castes, Backward Classes, Ex-Servicemen and Physically Handicapped categories, possessing the requisite experience are not available to fill up the vacancies reserved for them, after recording reasons for so doing in writing.

Method of recruitment.[Section 54]. - (1) Recruitment to the Service shall be made, -

(a) in the case of Deputy Superintendent -

(i) by promotion from amongst Assistant-cum-Accountant; or

(ii) by transfer or deputation of an officer/official already in the Service of any State Government or the Government of India;

(b) in the case of Assistant-cum-Accountant -

(i) by promotion from amongst Steno-Typist or Clerk-cum-Typist; or

(ii) by transfer or deputation of an officer/official already in the Service of any State Government or the Government of India;

(i) 25% by promotion from amongst the Clerk-cum-Typist; and

(ii) 75% by direct recruitment; or

(iii) by transfer or deputation of an officer/official, already in the Service of any State Government or the Government of India;

(d) in the case of Clerk-cum-Typist -

(i) 25% by promotion from amongst Peon; and

(ii) 75% by direct recruitment; or

(iii) by transfer or deputation of an official already in the service of any State Government or the Government of India;

(e) in the case of Peon -

(i) by direct recruitment; or

(ii) by transfer or deputation of an official already in the Service of any State Government or the Government of India;

(2) All promotions unless otherwise provided, shall be made on seniority-cum-merit basis and seniority alone shall not confer any right to such promotions.

Salary of members of Service.[Section 54]. - The members of Service shall be entitled to such scales of pay and other allowances as may be made applicable by the Government to its employees of the same status from time to time.
Leave and other conditions of Service.[Section 54]. - In respect of leave and all other matters not expressly provided for in these regulations the employees of the Council shall be governed by Punjab Civil Services Rules Volume I, Part I, as may be applicable to Haryana Government employees of the same status from time to time.
Provident fund.[Section 54]. - The employees of the Council will be required to subscribe towards Employees Provident Fund according to the provisions of Employees Provident Fund Act and Rules made thereunder of the Council as specified in Appendix E to these regulations to the extent these are not inconsistent with the statutory provisions :

Provided that the provisions

Haryana Council of Homoeopathic System of Medicine Staff Regulations, 1996