Haryana State Agricultural Marketing Board Service Rules, 2008

The Haryana State Agricultural Marketing Board Service Rules, 2008

Published vide Haryana Government, Agriculture Department, Notification No. 2349-Agri.S(1)-2008/279., dated the 4th January, 2008.

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No. 2349-Agri.S(1)-2008/279. - In exercise of the powers conferred by sub-section (1) read with clauses (xxviii), (xxxix) and (xxx) of sub-section (2) of Section 43 of the Punjab Agricultural Product Markets Act, 1961 (Punjab Act 23 of 1961), the Governor of Haryana hereby makes the following rules regulating the recruitment and conditions of service of persons appointed to the Haryana State Agricultural Marketing Board Service, namely :-

Part I

General

1. Short title and application.- (1) These rules may be called the Haryana State Agricultural Marketing Board Service Rules, 2008.

(2) They shall apply to all the employees in the Service of the Board except those governed by specific agreements :

Provided that in the case of Government servants on deputation, they shall apply to the extent specified in the terms and conditions of their deputation.

2. Definitions.- (1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961);

(b) "Administrative Committee" means an Administrative Committee [Chief Administrator and Secretary] constituted by the Board consisting of Chairman, of the Board;

(c) "Administrative Officer" means the Administrative Officer of the Haryana State Agricultural Marketing Board;

(d) "Appendix" means an Appendix to these rules;

(e) "appointing authority" means the appointing authority of the Board as specified under Rule 6 to these rules;

(f) "Chairman" means the Chairman of the Board;

(g) "Commission" means the Haryana Public Service Commission or Haryana Staff Selection Commission, as the case may be, constituted by the Government;

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

(i) "Education Board" means the Board of School Education, Haryana, established under the provisions of the Haryana Board of School Education Act, 1969 (Act 11 of 1969), or any other Education Board established by law in any of the State of India;

(j) "Government" means the Haryana Government in the Administrative Department;

(k) [* * *]

(l) "non-technical post" means a post which does not require technical qualifications;

(m) "recognised university" means -

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

(ii) any other university which is declared by the Government to be a recognised university for the purpose of these rules;

(n) "[Secretary]" means the [Secretary] of the Board;

(o) "Service" means the Haryana State Agricultural Marketing Board Service; and

(p) "technical post" means a post which requires technical qualifications;

(2) "Words and expressions" used but not defined in these rules, shall have the same meaning respectively assigned to them in the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), and the Punjab Civil Service Rules, Volume I and II, as applicable to the State of Haryana.

Part-II

Recruitment to Service

3. Number and character of posts.- The Service shall comprise the posts shown in Appendix A to these rules :

Provided that nothing in these rules shall affect the inherent right of the Board to add or to reduce the number of such posts or to create new posts with different designations either permanently or temporarily.

4. Nationality, domicile and character of candidates appointed to Service.- (1) No person shall be appointed to the Service, unless he is -

(a) a citizen of India; or

(b) a subject of Nepal; or

(c) a subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the 1st 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 (formerly Ceylon) 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 any of the 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 recruiting authority on his furnishing proof that he has applied for the certificate and they may also provisionally be appointed subject to the necessary certificate being issued to him by the Government.

(3) No person shall be appointed to the Service by direct recruitment unless he produces -

(a) a certificate of character from the principal academic officer of a university, college, school or institution last attended, if any, and similar certificates 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 and;

(b) a medical certificate of physical fitness as required under Rule 3.1 of the Punjab Civil Services Rules, Volume I, Part I.

5. Age.- No person shall be appointed to the Service by direct recruitment who is less than seventeen years of age or more than forty years of age on the last date of receipt of applications :

Provided that the lower and the upper age limit shall be such as may be fixed by the Government from time to time :

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

Provided further that in the case of candidates already in the Service of the Board, there will be 5 years relaxation over and above the maximum upper age limit as specified above and as may be fixed by the Board from time to time.

6. Appointing authority.- Appointments to the posts specified in column 2 of the table given below, in the Service shall be made by the authorities mentioned against each in column 3 of the said table :-

[Table]

7. Qualifications.- No person shall be appointed to any post in the Service, unless he is in possession of qualifications and experience specified in column 3 of Appendix B to these rules 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 case of direct recruitment of reserved categories of employees, the condition regarding experience shall be relaxable to the extent of 50% at the discretion of the appointing authority in case sufficient number of candidates belonging to Scheduled Castes, Backward Classes, other 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.

8. Disqualifications.- (1) 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 Government may if satisfied that such 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 rule;

(2) No person shall be appointed to the Service who has been dismissed from the Service of the Government of India or any State Government or a local authority or corporation.

9. Source of recruitment.- All direct recruitments to posts carrying an initial pay of three thousand and fifty rupees per mensem or not more than eight thousand rupees per mensem shall be made through the Haryana Staff Selection Commission.
10. Method of recruitment.- Recruitment to the Service shall be made in the manner as specified in Appendix B to these rules.
11. Procedure of promotion.- Promotion in respect of posts shall be made on the basis of seniority-cum-merit and seniority alone shall not confer any right to such promotions.
12. Probation.- (1) Persons appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct recruitment 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) any period of work in equivalent or higher rank, prior to appointment to the Service may, in the case of an appointment by transfer, at the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and

(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy.

(2) If, in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory, it may, -

(a) if such person is appointed by direct appointment, dispense with his services; and

(b) if such person is appointed otherwise than by direct recruitment -

(i) revert him to his former post; or

(ii) deal with him in such other manner as the terms and conditions of his 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 -

(i) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or

(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or

(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or

(b) if his work or conduct has, in its opinion, been not satisfactory -

(i) dispense with his services, if appointed by direct recruitment, or if appointed otherwise revert him to his former post or deal with him in such other manner as the terms and conditions of his previous appointment permit; or

(ii) extend his period of probation and thereafter pass such orders, as it could have passed on the expiry of the first period of probation :

Provided that the total period of probation including extension, if any, shall not exceed three years.

13. Seniority.- Seniority inter seof the members of the Service shall be determined by the length of their continuous service on any post in the Service :

Provided that where there are different cadres in the Service, the seniority shall be determined separately for each cadre :

Provided further that in the case of members appointed by direct recruitment, the order of merit determined by the appointing authority mentioned in these rules shall not be disturbed in fixing the seniority :

Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows :-

(a) a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer;

(b) a member appointed by promotion shall be senior to a member appointed by transfer;

(c) in the case of members appointed by promotion or by transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and

(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing in higher rate of pay in his previous appointment and if the rates of pay drawn are also the same, then by the length of their service in the appointments and if the length of such service is also the same, an older member shall be senior to a younger member.

Note. - Seniority of members of the Service appointed on purely provisional basis or on daily wages/contractual persons shall be determined as and when they are regularly appointed in view of the date of such regular appointment.

14. Liability to serve.- A member of the Service shall be liable to serve at any place, whether within or out of the State of Haryana, on being ordered so to do by the appointing authority or by an officer authorised by him in this behalf.
15. Pay, leave, pension, provident fund and other matters.- (1) In respect of pay, leave, pension, provident fund and all other matters not expressly provided for in these rules, the members of the Service shall be governed by the Punjab Civil Service Rules and such other rules and regulations as may have been or thereafter be made by the Government and adopted by the Board.

(2) In respect of pension, provident fund and gratuity, the members of the Service shall be governed by the Haryana State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1989.

16. Conduct, discipline, penalties and appeals.- (1) In matters relating to conduct, disciplines, penalties and appeals, the members of the Service shall be governed by the Government Employees (Conduct) Rules, 1966 and Haryana Civil Services (Punishment and Appeal) Rules, 1987, as amended from time to time :

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and the appellate authority, shall subject to the provisions of any law or rules made under sub-section (2) of Section 43 of the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act 23 of 1961), be such as specified in Appendix C to these rules.

(2) The authority competent to pass an order under clauses (c) or (d) of sub-rule (1) of Rule 9 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987, and the appellate authority shall be as specified in Appendix D to these rules.

17. Vaccination.- Every member of Service, shall get himself vaccinated or revaccinated as and when the Government directs by a special or general order.
18. Oath of allegiance.- Every member of Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
19. Reservation.- Nothing contained in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, other Backward Classes, Ex-servicemen, Physically Handicapped Persons or any other class or category of persons in accordance with the orders issued by the State Government in this regard, from time to time :

Provided that total percentage of reservations so made shall not exceed fifty per cent, at any stage.

20. Special provisions.- Notwithstanding anything contained in these rules, the appointing authority may impose special terms and conditions in the order of appointment if it is deemed expedient to do so.
21. Change of cadre.- Appointing authority shall have the discretionary powers to change the cadre of a member of Service provided that the option to change the cadre can be exercised only once in the whole service by a member.
22. Resignation from service.- If a member of the service wants to resign from Service he shall give one month's notice in writing to the appointing authority. If the member fails to give such notice of a month or a shorter period, the appointing authority shall be entitled to recover one month's salary with usual allowance or salary with usual allowances to the extent of such remaining period of one month, as the case may be, in lieu of notice.
23. Power of relaxation.- Where the Board 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 with the approval of the [Government].
24. Repeal and saving.- The Haryana State Agricultural Marketing Board Service Rules, 1974, are hereby repealed :

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

[Appendix-A]

(see rule 3)

[Appendix B]

(See rules 7 and 10)

 

[Appendix-C]

[See rule 16(1)]

[Appendix-D]

[See rule 16(2)]