Punjab act 055 of 2016 : The Punjab Ad hoc, Contractual, Daily wages, Temporary, Work charged and Outsourced Employees Welfare Act 2016

I

PUNJAB GOVT. GAZ.

(EXTRA),

DECEMBER

24,

2016 249

(PAUSA ^{3, 1938}

SAKA)

PART I

GOVERNMENT O:F

PUNJAB

DEPARTMENT

OF LEGAL AND LEGISLATIVE

AFFAIRS,

PUNJAB

NOTIFICATION

The 24th

December,

2016

No.

62-Lcg./!016.-The following

Act of the

Legislature

of the State of Punjab

received^theassent^oftheGovernor^of

Punjab ^onthe23rd

day ^of December,

2016, ^is

hereby published ^for

general

information:-

THE

PUNJAB

AD

HOC,

CONTRACTUAL,

DAILY

WAGE,

TEMPORARY, ^WORKCHARGED^ANDOUTSOURCED

EMPLOYEES' WELl'ARE

ACT,

2016

(Punjab ^ActNo.55of

2016)

AN

ACT

to

provide

for the

regularisation

of services of

Group

'A', 'B',

'C' and

'D' employeesworking ^onad

hoc, contractual,

daily wage, temporary ^andwork

•

charged

basis underthe State Government or its entities and further to take

......

on contract

basis,

the out sourced

employees working

under the State Government or its

entities. BE it

enacted

by

the

Legislature

of the State of

Punjab

in the

Sixty- seventh Year of the

Republic

of

India as follows: -

1.

(1)

This Act may be called the

Punjab

Ad

hoc, Contractual,

Daily Wage,

Short title^and }'emporary,^Work

Charged ^andOutsourced

Employees'

Welfare ^Act,

2016.

(2) ^Itshall^comeintoforce^onandwitheffect^{fromthe date ofits} publication ^intheOfficial Gazette.

2. ^Inthis

Act,

unless the context otherwise

requires,- (a)

'Government' means^the

Government^oftheState^of

Punjab ^inthe Department ^of

Personnel; (b)

'outsourced

employee'

means^an

employee

taken ^{ontherollofthe} State Government or its entities

through

a

private manpower agency

•

for

performing

duties

assigned

to him from time to

time; (c)

'service rules' means^all

relevant,

general ^and

specific

rules governing

recruitment^totheservices^oftheState Government^or its

entities; commencement. Definitions.

•

250 PUNJAB GOVT. GAZ.

(EXTRA),

DECEMBER

24, ²⁰¹⁶

(PAUSA ^{3, 1938}

SAKA)

(d)

'State Government' means^theGovernment ^oftheState ^of

Punjab in the concerned

Department

or

entity

of the State ⁱⁿwhich the employee ^is

serving; ^and (e)

'year"

means ^a

period ^of

twelve calendar

months

preceding ^the date of commencement of this Act. Regularisation ^{of 3.}

(1) Notwithstanding anything contrary

contained ⁱⁿany law,judgmcnt, services of

Group

, decree or order

of any court, tribunal or

any other

authority,

services

of such 'A', ^{'B' and 'C'} employees. Group

'A', ^'B'and'C'

employees, ^whoarc

working ^onad

hoc, contractual, daily wage, temporary ^orwork

charged

basis

under^theState Government^or its entities ^fora continuous

period ^ofnotless than three years preceding ^the date of

coming ^intoforce of this Act

shall^be

rcgularissd

by

the

competent authority ^insuchservice^oftheState

Government^orits

entities,

subject ^tothe following conditfuns,namely:-

(^a)

fulfil^the

eligibility ^with

regard ^tominimum^andmaximum age limit;

•

(b) possess requisite

educational

qualification ^and

experience ^as specified ^forthe

post

under^theservice

rules·^{atthetime of}initial appointment;

(c)

initial

appointment ^wasmade

by following transparent process;

......

(d)

satisfactory

verification ^of

antecedents;

(e) ^have

good

character^and

conduct; ^and

(f) ^havenotbeenindicted^or

undergoing any civil,

criminal^or departmental

proceedings:

Provided that the entities ^of

the

State shall consider

regularization

only ^if such

entity

is in a financial

position ^totake ^theburden of such

regularization on its own without

transferring any liability

to the

State

exchequer .

(2)

During ^the

probation period, ^theperson regularised

under^this

section shall be entitled to draw

salary

at^theminimum ^ofthe

Pay ^Band

applicable ^to the

post against

which ^his

services

have been

regularise?ⁱⁿ

Group

'A', ^'B'or 'C'

services,

as the case

may be, or actual

remuneration

being

received^atthe time of

regularization,

whichever is more. Regularisation ^of4.

(1)

Notwithstanding anything contrary

contained^inanylaw,judgment, ?e:"ices^of

Group decree^ororder ^of

any court, tribunal^or

any other

authority,

services ^ofsuch

D

employees.

• Group ^'D'

employees, ^whoare

working ^{onad hoc,}contractual,

daily wage,

• temporary ^orwork

charged

basis under^the

State Government^orits

entities for a continuous

period

of^notless than

three years preceding

the ^dateof ;;

b-·--------------------?

PUNJAB

GOVT. GAZ.

(EXTRA),

DECEMBER

24,

2016 251

(PAUSA 3, ¹⁹³⁸

SAKA)

coming ^into

force^ofthisAct

shall^be

regularised by ^the

competent authority ⁱⁿ ·such

service of the State Government or its

entities,

subject

to

the

folfowing conditions,

narnelyr- (a)

fulfil^the

eligibility ^with

regard

to minimum^andmaximum age limit;

(b) possess requisite

educational

qualification

and

experience

as specified ^forthe

post

under^theservice

rules^atthetimeofinitial appointment;

(c)

satisfactory

verification^of

antecedents; (d): ^have

good

character^and

conduct; ^and

(e) ^havenotbeenindicted or

undergoing any civil,

criminal or departmental proceedings:

Provided

that the entities of

the State

shall consider

re&ularization only

if such

entity

is

in a financial

position

to take the

burden of such

regularization on its own without

transferring any liability

to the State

exchequer.

(2)

During ^the

probation period,

a

person regularised

under

this section

shall be entitled to draw

salary

at the minimum of the

Pay

Band

applicable

to the post against

which ^hisservices^havebeen

regularised ⁱⁿ

Group ^'D'

service, or actual ;?uneration being

received at the

time of

regularization,

whichever is more.

5. If

the emoluments of

employees

who were

regularised

prior

to

coming into force of

this Act

have decreased after

regularization,

they

shall also

get the benefit of pay protection. Pay protection ^of

previously

regularised

employees.

•

..

6. The outsourced

employees

recruited

through private

man

power agency

Outsourced in the service of the State

Government or its

entities and

working

for a employees. continuous

period

of not less than three years preceding

the date of

coming into force of

this Act

shall be taken on contract on

yearly

basis

by

the

competent authority^{in such}service^of

the State

Government or its

entities,

subject

to the following

conditions,

namely:-

•

(a)

fulfil

the

eligibility

with

regard

to minimum and maximum age limit;

(b) possess requisite

educational

qualification ^and

experience

as specified ^forthe

post

under^theservice rules^atthetimeof

initial appointment; ( c)

satisfactory

verification^of

antecedents;

(d) ^have

good

character^and

conduct; ^and

.252

PUNJAB GOVT. GAZ.

(EXTRA),

DECEMBER

24, ²⁰¹⁶

(PAUSA ^{3, 1938}

SAKA)

•

•

(e) ^havenotbeenindicted^or

undergoing any civil,

criminal^or departmental proceedings:

Provided that the

entities of ^theState shall consider^suchcontracts

only if such

entity

is

in a financial

position

to take

the burden of such contract on its own without

transferring any liability

to the State

exchequer.

,

(2).

Persons taken^oncontract under ^thissection shall ^beentitled^to ·

draw the same

salary

as was

being paid ^tohim

by

the

private manpower agency.

'et-cation of

posts.

7.

• Necessary

number ^of

category-wise posts ^intheservices^ofthe

State Government and

its entities

equal

to^thenumber of the persons ^tobe

regularised shall be deemed to have been created

in excess of the

already existing

sanctioned posts ^inthecadre^towhich

they ^areinducted:

Provided that such deemed to^havebeen created

posts ⁱⁿexcess of the already existing

sanctioned

posts

shall^be

posts personal ^totheincumbent ^and shall stand

abolished on vacation of

post by

the incumbent. Seniority. Reservation .•

.8.

(1) ^The

seniority ^ofthe

employees governed by ^thisActshall^befixed bcl-OW.the

junior

most

employee

in the relevant cadre on the date of

coming into

force

of this Act.

(2) ^Theinter-se

seniority ^ofthe

employees

whose

appointments ^arc so

governed

under this Act shall be determined^as

per provisions

of the

Punjab Civil Services

(General

and Common Conditions of

Service) Rules,

1994.

9.

Consequent upon the

regularization

of

services

under sections 3 and ⁴of this

Act,

the

backlog

of

posts

meant for" various reserved

categories

shall be calculated and filled up

on

priority

basis

by way^ofdirect recruitment as^and when any

vacancy arises.

• 10 .• (1)

The

employees

covered under this ^Actshall be

governed

by

the

• conditions of service as arc

applicable ^tothe

employees

in the

respective cadre in which

they

stand

appointed.

(2) ^The

Punjab

Civil Services

(Punishment ^and

Appeal)

Rules,

1970,

as are

applicable

to other

employees

of

the

cadre,

shall

apply

mutatis mutandis to these

employees.

11. ^No

suit,

prosecution

or other

legal proceedings

shall lie

against ^theofficers of

the

State Government or its

entities^for

anything ^donein

good

faith under ·this Act. Applicability ^of

4

PUNJAB GOVT. GAZ.

(EXTRA),

DECEMBER

24, 2016 ²⁵³

(PAUSA ^{3, 1938}

SAKA)

•

•

12. ^No

Court or Tribunal

shall have

jurisdiction ^toentertain any suit^or

Civil court^notto proceeding ⁱⁿ

respect ^ofany claim^for

absorption ^or

continuation

arising ^from have

jurisdiction. the

provisions

of this Act.

13. ^If

any difficulty

arisesⁱⁿ

giving

effect^tothe

provisions ^ofthis

Act, ^the

Power^toremove Government may, by

general

or

special

order,

make such

provisions ^asitappears difficulty.

to

i! ^tobe

necessary ^or

expedient ^toremove such

difficulty.

14.

( 1)

The Government may, by

notification

in the Official

Gazette,

make

Power^tomake rules for

carrying

out the purposes of this ^Act. rules.

(2) ^TheState Government shall

notify

rules^with

regard ^tothe

procedure, seniority ^and

parity ^ofpersons working ^intheentities ^oftheState Government in

Group

'A', 'B', ^'C'and ^'D'

services ^intheState ^andother residual matters.

(3)

Every ^rulemade

under^thisActshall ^be

laid, ^assoonas

may^be, after it is

made,

before the House of the State

Legislature,

while it is

in

session, for a total

period

of ten

days,

which may be

comprised ⁱⁿone

ses?ion or^intwo or ^moresuccessive sessions and

if,

before the

expiry

of the session

in which it is so laid or the successive

sessions as aforesaid,

the House agrees in

making any modification in the rules^orthe House

agrees,

that the rules should^notbe m'!iWe,^therules

shall thereafter^haveeffect

only ^insuchmodified^formorbe of no effect,

as^thecase

may^be.

However, any^suchmodification or annulment shall be without

prejudice

to the

validity ^of

anything

previopsly^doneor omitted to be done under that rule.

VIVEK

PURI,

Secretary ^toGovernment^of

Punjab, Department ^of

Legal ^and

Legislative

Affairs. 1167/12-2016/Pb.

Govt.

Press,

S.A.S.

Nagar