Punjab Market Committees (Class III) Service Rules, 1989

The Punjab Market Committees (Class III) Service Rules, 1989

Published vide Punjab Government Gazette, dated 27th January, 1989 Notification No. GSR 9/PA-23/61/S-43/89

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1. Short title and application.- (1) These rules may be called the Punjab Market Committees (Class III) Service Rules, 1989.

(2) They shall apply to all the posts specified in Appendix 'A'.

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

(a) 'Act' means the Punjab Agricultural Produce Market Act, 1961 (Punjab Act No. 23 of 1961);

(b) 'Appendix' means an appendix to these rules;

(c) 'Chairman' means the Chairman of a Committee;

(d) 'direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of the Board or of Government of India or of a State Government;

(e) 'Education Board' means the Punjab School Education Board established under the Punjab School Education Board Act, 1969;

(f) 'Form' means a Form appended to these rules;

(g) 'Government' means the Government of the State of Punjab in the Agriculture Wing of the Department of Agriculture and Forests;

(h) 'recognised university or institute' means, -

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

(ii) in the case of degrees, diplomas, or certificates obtained as a result of examinations held before the 15th August, 1947, the Punjab, Sind or Dacca University; and

(iii) any other university or institute which is recognised by the Government for the purposes of these rules;

(i) 'recruiting authority' means a recruiting authority of a Committee consisting of the Chairman of the Committee as its President, District Mandi Officer or his nominee not below the rank of an Assistant District Mandi Officer as expert representative and two other representatives, one each out of the Scheduled Castes and Ex-Servicemen, to be nominated by the Committee from amongst its members :

Provided that when there is a vacancy in the Office of the Chairman in terms of Section 17 of the Act, the committee shall elect one of its members to act as President of the recruiting authority :

Provided further that when the Committee is under supersession, the officer appointed by the Government as its Administrator shall be the President of the recruiting authority and two other representatives to be nominated by the Committee out its members had the Committee been not under supersession shall be nominated by the Secretary of the Board from among the Officers of the Board one each out of the Scheduled Castes and Ex-Servicemen, and

(j) 'Service' means the Punjab Market Committee Class (III) Service.

3. Number and character of posts.- The Service of a Committee shall consist of separate cadres and each shall comprise the posts committee-wise as specified in Appendix 'A' :

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

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

(a) a citizen of India;

(b) a citizen of Nepal; or

(c) subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the 1st day of 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, Kenya, Uganda and the East African countries of Tanzania (formerly Tanganyike and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India :

Provided that candidate belonging to any of the categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of Punjab in the Department of Home Affairs and Justice.

(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the appointing authority on his furnishing proof that he has applied for the certificate but he shall not be appointed to the Service unless a certificate of eligibility is given to him by the Government of Punjab in the Department of Home Affairs and Justice.

(3) No person shall be recruited to the Service by direct appointment unless, he produces, -

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

(ii) an affidavit to the effect that he was never convicted for any criminal offence and that he was never dismissed or removed from service of any State Government, Government of India or any public sector undertaking ; and

(iii) his character and antecedents are found to be satisfactory by the District Magistrate concerned.

5. Age and physical fitness.- (1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years of age or is more than thirty years of age on the first day of January of the year next preceding the last day of submission of applications fixed by the Committee, or unless he is within such range of minimum and maximum age limits as may be specified by the Government from time to time:

Provided that the appointing authority may, with the prior approval of the Board, for reasons to be recorded in writing, relax the upper age limit for a category or class of persons :

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

Note - For age limit in case of recruitment of Ex-Servicemen, the provisions of Rule 6 of the Punjab Recruitment of Ex-Servicemen Rules, 1982 shall apply.

(2) (i) No person recruited to the Service by direct appointment shall be allowed to join the Service unless he, within the period to be specified by the appointing authority, has appeared for medical examination before the concerned Civil Surgeon or the Chief Medical Officer as the case may be and has been declared by the Civil Surgeon or the Chief Medical Officer as the case may be to be physically fit for the duties which he will have to perform as member of the Service :

Provided that a person appointed on purely temporary basis for a period not exceeding three months shall not be required to produce a medical certificate before joining the Service.

(ii) The report of the Civil Surgeon or Chief Medical Officer in terms of Clause (i) shall be final.

6. Appointing Authority.- All appointments to the Service shall be made by the Committee.
7. Disqualifications.- (a) No person 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 appointed to the Service :

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

8. Method of recruitment and qualifications.- (1) Subject to the provisions of sub-rule (4), appointments to the service shall be made in the manner specified in Appendix 'B'.

Provided that no person shall be appointed on daily wages or on ad hoc basis.

(2) No person shall be appointed to a post in the service unless he possesses the qualifications and experience as specified against that post in Appendix 'B'.

Provided that if no suitable candidate is available for appointment by promotion to a post in the Service such a post, shall be filled in by transfer.

(3) All appointments by promotion to the service shall be made by selection on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.

(4) The following percentage of posts in the Service shall be reserved for each method of appointment indicated for categories mentioned thereunder, namely :-

Provided that reservation in the case of sportsmen, handicapped persons, freedom fighters or for any other category of persons shall also be upto such percentage as may, from time to time, be specified by the Government of Punjab for the corresponding service under it.

(5) No person shall be recruited to any post in the Service by direct appointment unless he possesses knowledge of Punjabi language of Matriculation standard or to its equivalent:

Provided that where the qualifications for filling a post by direct appointment are less than Matriculation standard the knowledge of Punjabi language shall be lowered accordingly.

9. Probation of persons appointed to Service.- (1) Persons appointed to the Service shall remain on probation for a period of two years.

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) in the case of appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the service may, in the discretion of the appointing authority, be allowed to count towards the period of probation;

(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 ; and

(d) any period of leave not exceeding six months during or at the end of probation shall be counted towards the period of probation.

(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 recruited by direct appointment, dispense with his services or revert him to a post on which he held lien prior to his appointment to the Service by direct appointment ; and

(b) if such person is recruited otherwise, -

(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 not been in its opinion satisfactory dispense with his services if appointed by direct appointment 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 may permit.

10. Seniority of members of Service.- The seniority inter se of the members of the Service in each cadre of the Service shall be determined Committee-wise by the length of continuous service on a post in that cadre of the Service :

Provided that in the case of members appointed by direct appointment who join within the period specified in the order of appointment or within such period as may be extended from time to time by the appointing authority subject to a maximum of four months from the date of order of appointment, the seniority based on the order of merit determined by the recruiting authority, shall not be disturbed :

Provided further that in case a candidate is permitted to join the Service after the expiry of the said period of four months in consultation with the recruiting body, his seniority shall be determined from the date he joined the Service:

Provided further that in case a candidate of the next selection has joined the Service before the candidate referred to in the preceding proviso joins, the candidate so referred shall be placed below all the candidates of the next selection who join within the time specified in the first proviso :

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

(a) a member recruited by direct appointment shall be senior to a member recruited otherwise ;

(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 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 a higher rate of pay in his previous appointment, and if the rate of pay drawn are also the same, then by their length of service in those 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 the member of the Service who have been appointed on purely ad hoc basis or on daily wages before the commencement of these rules shall be determined as and when they are regularly appointed keeping in view the date of such regular appointment.

11. Liability to service.- A member of the Service shall be liable to serve at any place whether within or out of the State of Punjab on being ordered to do so by the appointing authority.
12. Leave, pay and other matters etc.- (1) In respect of pay, leave and other matters not expressly provided for in these rules, the members of the Service shall be governed by the Punjab Civil Service Rules, as applicable to the employees of the State of Punjab from time to time.

(2) In respect of provident fund and gratuity, the members of the Service shall be governed by the Punjab State Agricultural Marketing Board and Market Committee Employees Provident Fund and Gratuity Rules, 1965 and the Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987.

13. Pay of members of Service.- The members of the Service shall be entitled to such scales of pay as may be authorised by the Board with the prior approval of the Government from time to time. The scales of pay at present in force in respect of the members of the Service are given in Appendix 'A'.
14. Discipline, Penalties and Appeals.- In the matters of discipline, punishment and appeals, the members of the Service shall be governed by the provisions of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988.

(2) The authority empowered to impose penalties as specified in Rule 5 of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988 and the appellate authority thereunder in respect of members of the Service shall be as specified in Appendix 'C'.

15. Periodical medical check up.- (a) Every member of the Service shall be liable to undergo periodical medical examination and preventive or curative treatment as he may be required to undergo.

(b) Every member of the Service shall be liable at any stage of his service, when directed by the appointing authority, to undergo medical examination by the concerned Civil Surgeon or the Chief Medical Officer, as the case may be, and his continuation in service shall be subject to the fitness certificate given by the Civil Surgeon or the Chief Medical Officer to the satisfaction of the appointing authority.

(c) In case any member of the service is not found fit to perform his duties, he shall be liable to be retired from service and shall be entitled to the same benefits as are admissible to employees of the Government of Punjab holding corresponding posts under the Punjab Civil Services Rules, Volume II on being retired on account of invalidity.

16. Vaccination and re-vaccination.- Every member of the Service shall get himself vaccinated or re-vaccinated when the appointing authority so directs by a general or special order.
17. Oath of allegiance.- Every member of the Service, unless he has already done so, shall be required to take oath of allegiance to India and to the Constitution of India as by law established.
18. Power to relax.- Where the appointing authority is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing and with the prior approval of the Government, relax any of the provisions of these rules with respect to any class or category of persons :

Provided that provisions relating to qualifications, and experience shall not be relaxed.

19. Interpretation.- If any question arises as to the interpretation of these rules, the Government shall decide the same.
20. Saving.- Notwithstanding anything contained in these rules, appointments made to any post under a Committee prior to the commencement of these rules shall be deemed to have validly been made under these rules and shall not be questioned on any ground, whatsoever.

Appendix 'A'

[See rules 1(2), 3 and 13]

Part II

Appendix 'B'

[See rule 8]

 

Appendix 'C'

[See rule 14]