PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 201121
(CHTR 15, 1933 SAKA)
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
Notification
PART I
No. 12-Leg./2011.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 2nd April, 2011 and is hereby published for general information :-
THE PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN
CONDITIONS OF SERVICE) ACT, 2011
The Sth April, 2011
(Punjab Act No. 8 of 2011) to rationalise certain conditions of service of Government employees tobe appointed by direct recruitment to the services or posts in connection with the affairs of the State of Punjab and for the matters connected therewith or incidental
thereto.
(a)
BE it enacted by the Legislature of the State
of Punjab in the
Sixty-second Year of the Republic of India as follows:
(b)
AN
1. (4) This Act may be called the Punjab Civil Services (Rationalisation Short title and of Certain Conditions of Service) Act, 2011. (c)
ACT
(2) It shall comne into force at once.
2. In this Act, unless the context otherwise requires,
"Government"
Punjab ;
"appointing authority" means an authority conferred withthe
powers to make appointment to any service or post in
connection with the affairs of the Stateof Punjab under any
Act, rules, regulations, bye-laws or executive instructions;
"appointment by direct recruitment" meansan appointment
made otherwise than by promotion or by transfer of a person
already in the service of Government of India or of a State
Government ;
commencement.
means the Government of the
State of
(d) "period of induction"
means the period of three years commencing from the date of appointment of a person under
this Act to a service or post, which is extendable up to five years ;
Definitions.
GAZ. (EXTRA.), APRIL 5, 2011 21
CH 1 19 A )
ART
I IRS,
t ication S h pril, 1 ~ ~ o. eg./ 011.—The following Act of the Legislature of the j e ived the assent of the Governor of Punjab on the 2nd April, 2011 is l fo g eral nfo mat —
THE PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN
DI I S I E) ACT, 2011]
(Punjab Act No. 8 of 2011) o ali e diti ns over ent pl yees o appointed by direct ment o h s st n necti i h affairs of the State of Punjab f he at ers ect d h it n ental thereto.
E it ed h egisl h n h
ixty-second ear f the epublic i ows —
1. (1) his ct a l h nj ivil r ices (Ra tionalisation ort
of ertain onditions ervice) Act, 11.
COMMERCEMCNL.
) lt al ome n
. is ct, l ss ntext r ise — Defin t ons.
(a) " pointing thority" eans t ority nfer ed it
ers ake oi t ent i e
r ost
nnection it ffairs tate unj ab der
ct, les, ulations, bye-laws or e cutive instructions ;
(bh) " point ent i ct i ent"
eans oi t ent
ade t r ise otion r
t sfer er
y r ice Government dia
r St t
o nment;
: (c) " o m " ea
Government f State f
ie ;
(d) « eri d f uction" eans e eri d f r e ears mencing e ate f a poin tment f erson under t is ct rvice r ost, hic h i ext ndable p e rs;
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PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2011
(CHTR 15, 1933 SAKA)
3.
(e) *recruiting authority" shall include the Punjab Public Service Commission, the Punjab Subordinate Services Selection Board or any other authority or committee constituted to make recruitment by the Punjab Government ; and
Save as otherwise expressly provided by or under this Act, this Act Aplication of shall apply to all persons, appointed by direct recruitment to the services or posts in connection with the affairs of the State of Punjab on and from the date of its commencement.
4. This Act shall not apply to ihe, (a)
(b)
(c)
(d)
22
"Service" means any Group A' Service, Group 'B' Service, GroupC Service or Group D' Service, constituted in connection with the affairs of the State of Purjab. (e)
persons appointed to the Punjab Civil Service (Executive Branch) and Allied Services;
members of All lndia Services serving in connection with the of the Act. affairs of the State of Punjab;
persons appointed to the Punjab Civil Service (Judicial Branch) :
persons not in the whole-time empBoyment of the Punjab Government ;
persons paid out of contingencies ; and
the Act.
persons appointed to the services or posts in connection with the affairs of the State of Punjab before the commencement of this Act.
Exclusion of
certain persons
from operation
5. Subject to the provisions of the Constitution of India and any other Appointment by direct
Act, rules, regulations, bye-laws or instructions providing for reservation of recruitment. appointments or posts in favour of any class of citizens of India, the appointment by direct recruitment to the services and posts in connection with the affairs of the State of Punjab shall be on the principie of merit, fairness and open competition and subject to such conditions, as may be stipulated by the competent authority.
6. A person after his appointment by direct recruitment shall remain on Period of induction.
period of induction.
P NJ B OVT GAZ. (EXTRA.), APRIL §, 2011 22
( R 15, 1933 KA)
(e) "recruiting authority" shall include the Punjab Public Service Com ission, t e Punjab Subordinate Services Selection Board or any other authority or committee constituted to make r cruit ent by t e Punjab Government ; and
(f) "Service" means a y Group 'A' Service, Group 'B' Service, roup *C' Service or Group 'D' Service, constituted in onnection with t affairs f the State of Punjab.
3. Save as otherwise expressly provided by or under this Act, this Act Application of shall apply to all persons, appointed by direct recruitment to the services or posts the Act in connection with the affairs f the State f Punjab on and o the date of its commencement.
4. his ct al ot pl e,— xcl on of
- certain persons : . . . . . from oper ation
embers All I i ervices ng in nnection with the of the Act. ffairs of t e t t unjab ;
(b) persons appointed to the Punjab Civil Service (Executive ranch) a Allied ervices ;
s ointed to the Punjab Civil Service (Judicial r ch) ;
s t in the whole-time employment of the Punjab nm ;
3
¢ persons c t ncies ; n
(f) persons appointe to the s o in ect ith h i h ab before the commencement this A
5. Subject to the provisions of the C nstit t o In and any o her Sop Tem
Act rules, regulations, bye-laws or instructions providing for reservat ion of reornitraant.
appointments or posts in favour o any clas o citizen o In ia, the appointment
by direct recruitment to the services and p in co t w h the affairs of
the State of Punjab shall be on the p n l erit fairne and op en competition
and subject to such conditions, as m be stipula e by th e competent authority.
6. A person after his app n m nt by direc recru tm t sh rem n on Period of A induction. pe iod of ind .
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PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2011
(CHTR 15, 1933 SAKA)
23
7. () During the period of induction, a Goverament employee shall Emoluments bee entitled i to receive all-inclusive fixed monthly emoluments equal to the minimum of induction. of the pay band of the post to which he is appointed, but he shall not be entitled to receive the grade pay, if any, attached to the post.
(2) Notwithstanding anything contained in any other Act, rules, regulations, bye-laws, instructions or guidelines for the time being in force, the all-inclusive fixed monthly emoluments admissible under sub-section (2), shall not be varied, altered, modified or revised to the advantage or disadvantage of an employee during the period of induction.
(3) Save as otherwise expressly provided by or under this Act, during the period of induction, a Government employee shall not be entitled to any other allowance or monetary benefit whatsoever :
Provided that an emplcyce, who holds a lien on another post, shall have the option to receive either all-inclusive fixed monthly emoluments admissible under this section or the pay and allowances admissible to him in respect of the post on which he holds a lien :
Provided further that where such Governmnent employee holds a lien on another post, and his pay in respect of that post is more than the maximum pay of the post to which he is appointed under this Act, he shall be entitled to the maximum pay of the scale of new post as initial pay. In addition to this he shall be entitled to all the allowances admissiable on such initial pay. during the period
8. The service rendered during the period of induction shall not be Non-reckoning Counted either notionally or otherwise for any purpose whatsoever, and a at the service
rendered during
Government employee shall not be entitled to any direct or indirect monetary the period of benefit for the service rendered by him during the period of induction other than induction for any
Provided that if death of a Government employee occurs during the
period of induction or the employee becomes permanently disabled and also becomes unfit for further service, his eligible dependent family member or members or he himself, as the case mnay be, shall be entitled to receive exgratia gant and gratuity on the pattern on which it is admissible to Government employees
appointed on or after the first day of January, 2004 :
Provided further that where an employee holds a lien on another
post
ald gives an option to receive pay and allowances in respect
of that post, the
Vce rendered by him during the periodof
induction, shall be counted for
determining the qualifying service for pensionary benefits,
subject to the condition
tne pension contribution, if any, payable under
the provisions of relevant
rules or instructions is deposited by him.
other purpose. the all-inclusive fixed monthly emoluments admissible to him under this Act:
J AZ. TRA.), I ,
(C , A)
7. (1) During the period of induction, a Government employee shall Emoluments pe entitled to receive al -i clusive monthly emoluments equal to the minimum using th period
. ; . of in duction. f d ost hi pointed, t al t ntit 10 y, , a h ost.
2) Notwithstanding anything contained in any other Act, rules, regulations, bye-laws, instructions or guidelines for the me being in force, the all-inclusive x onthly oluments mis ible der b-section 1), hall not varied, altered, odified i to antage antage
employee during h r induction.
(3) Save as otherwise expressly provided by or under this Act, during er uction, overnment ployee al t entitled to any other allowance or monetary nefit hatsoever
i ed t pleyce, h l s e other ost, al
t i e r all-inclusive fixed monthly emoluments admissible der t owances admissible to him in respect of the post on which e :
i ed r t here overnment employee holds a lien on other post, nd his pay in respect of that post is more than the maximum pay of the post to which he is oint er ct, al ti o h
maximum pay of the scale of st it l . dit o al
titled to all the allowances admissiable on such initial pay.
8. The service rendered during the period of induct all t on-r ckoning counted either t y or i s hatsoever,
Govern ent pl yee al ti o t n i ct onetary the period of benefit for the vice d m h n ct r h n ct
the all-inclusive f x onthl ol ments is ible o m under this Act : other purpose i that if over ent pl yee occurs during the
pe n ct h pl ee es anently disabled and also
becomes unfit for further servi e, l dent i e ber
or
members or he himself, as the cas a all ti
xgratia
ra t i h t hichii is is ible t
o over ent pl yees
appointed on or after the first ary, :
ovided further that here an pl yee olds a lien
t er ost
n t o e low ces in
pect of that post, the
Service rendered by him during the period of induction, shall t determining the qualifying service for pensionary benefits, subject to the onditi that the pension contribution, if any, payable under the i ons e nt
ules n ructions is deposited by him.
he
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PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2011 (CHTR 15, 1933 SAKA)
24
9. On completion of the period of induction, the appointing authority Performance hall make an assessment of the work and conduct of the Government emplovee appraisal. to accordance with the procedure and standards of performance, as laid down hy the competent authority by rules, regulations, instructions or orders issued in this behalf.
10. If the appointing authority is of the opinion that the work and Successful conduct of the Government employee during the period of induction, has becn ompuon Found to be satisfactory, it may confirm the Government employee from the of induction. of period
day. following the day, on which the period of induction was completed satisfactorily :
Provided that if no order of confirmation is issued within a period of three months from the date of successful completion of the period of induction, the Government employee shali be deemed to have been confirmed from the day, following the day, on which the period of induction was completed satisfactorily.
11. From the day, following the day of successful completion of the Pay and period of induction, the Government employee shall be entitled to receive pay at the initial stage of the scale of pay applicable to the post to which he is
appointed in accordance with the relevant Service Rules. In addition to this,
he shall also be entitled to receive all allowances admissible under any relevant
Act, rules, regulations, bye-laws, instructions or guidelines in force.
allowances
on successful
of period
completion
of induction.
12. The service rendered by the Government employee from the day, Conditions of tollowing the day of successful completion of the period of induction, shall be service on counted for all intents and purposes including seniority, pay, increment, completion promotion, assured progression, higher grade, leave or pensionary benefits of period
(2) The seniority referred to in sub-section (1), shall be determined n accordance with the Punjab Civil Services (General and Common Conditions Or Service) Rules, 1994. as amended from time to time. successful
13. (1) A person appointed under this Act, shall be assigned seniority Seniority. Irom the day, following the day, on which he completes the period of induction satisfactorily.
14. If the appointing authority is of the opinion that the work and Conduct of a Government employee, during the period of induction has not been found to be satisfactory, or if he has failed to pass the departmental during the period Cxamination, if any. prescribed in the relevant Service Rules or departmental Consequences
of unsatisfactory
work and conduct
of induction.
admissible to him under any relevant Act, rules, regulations, bye-laws, instructions of induction. or guidelines in force.
Em
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5. 2011 24
(CHTR 15, 1933 SAKA)
a A i— —
9, On completion of the period of induction, the appointing authority shall make an assessment of the work and conduct of the Government employee in accordance with the procedure and standards of performance, as laid down by the competent authority by rules, regulations, instructions or orders issued in this behalf.
10. If the appointing authority is of the opinion that the work and conduct of the Government employee during the period of induction, has been found to be satisfactory, it may confirm the Government employee from the day, following the day, on which the period of induction was completed satisfactorily :
Provided that if no order of confirmation is issued within a period of three months from the date of suc essful completion of the period of induction, the Government employee shall be de ed t have been confirmed from the day, following the day, on which t e peri d f induction was completed satisfactorily
11. From the day, o i g f successful completion of the period of induction, the over ment ployee al entitled to receive pay at the initial stage of the scale of pli able the post to which he is appointed in accordance with the relevant Service Rules. In addition o , he shall also be entitled to receive all low ces issible under any rele vant
Act, rules, regulations, s, in ru s o guidelines in force.
12. The service rendered by the Gove ent em l from the d
fo low n the day o successful completion of the period of induction, shall be counted for all inten and pu p es including seniority, pay, increment, promotion, assured pro , highe grad leave or pen ionary ben efits
admissib to him und any releva A rules, regulations, bye-laws, instructions
or guidelines in force.
13. (1) A p a po nted under this Act, sh all be assigned seniority
from the day, following the d on which he completes the period of induction
satisfactorily.
(2) The seniority referred to in sub -section (I), shall be determined in accordance with the Punjab i Service s (General and Common Conditions of Service) Rules, 1 94, as amended from time to time.
14. If the appointing authority i s of the opinion that the work and conduct of a Government employee, during the peri od of induction has not
been found to be satisfactory, or if h e has failed to pass the departmental ®Xamination, if any, prescribed in the relevant Service Rules or department al
Performance
appraisal.
Successful
completion
of period
of induction.
Pay and
allowances
on successful
completion
of period
of induction. -
Conditions of
service on
successful
completion
of period
of induction.
Seniority.
Consequences
of unsatisfactory
work and conduct
during the period
of induction.
4
PUNJAB GOVT GAZ. (EXTRA.), APRIL S, 2011 (CHTR 15, 1933 SAKA)
regulations, bye-lawsor instructions within a period of three years from the date of appointment, it may,
(a) dispense with his services forthwith : or
(b) revert him to a post on which he holds a lien: or
(c) extend the period of induction for a period of six months at a time, subject to the condition that the total period of induction including extension, if any, shall not exceed five years; and thereafter pass such orders, as mentioned in section 10 or in clauses (a) or (b) of this section, as the case may be.
25
15. During the extended period of induction, the Government employee Emoluments shall continue to receive all inclusive fixed emoluments. as mentioned in during the extended period
section 7. of induction.
16. (1) The other conditions of Service during the period of induction Other conditions shal be such, as may be stipulated by the Government from time to time. of service during
the period of
induction.
(2) Till the conditions are stipulated by the Government under sub-section (1), the conditions of Service during the periodof induction shali
be, as provided hereinafter,
(a) A Government employee shall be entitled to,
(i) casual leave of twelve days during each year of Service; and
(ii) extraordinary leave of thirty days on account of accident
or serious illness, subject to the productionof medical
certificate, as required in the case of a regular Government
employee. :
(b) A woman Government employee shallbe entitledto,
() maternity
leave for a period of three months, subject to the
same conditions,as
are applicable in the case of a regular Government employee ; and
(ii) leave for miscarriagefor a period of six weeks,
subject to
the same
conditions,as are applicable in the case of a
regular Government employee.;
(c)ifa
Government employeeis required to travel in public interest, he shall be
entitled to Travelling Allowance and Daily Allowance
at the same
rates, as are
applicable in the case of a
corresponding
regular employee with the lowest
grade;
UNIJ § AB GOVT GAZ. (EXTRA.), APRIL SS, 2011 (CHTR 15, 1933 SAKA) »
regulations, bye-laws or instructions withj : of appointment, it may— within a period of three years fr the ( ) i ense it his services f rt with ; or
(h) r vert t post hich e olds ; r ( ) t d be peri d f induction for period f six month : J S iti
ubject condition that total period f on i g extension, i sion, f any, shall not te A exceed five years; and | reafter ass rders, entioned on r
ses ) r ) f i cti n, s a be
5. uring t i i
:
I hag0 re eri d f induction, the Government employee Emoluments
ive all in l si e oluments, enti ned uri g e section 7.
extended period
ction.
16. (1) The other conditions ervice r r induct ion Other conditions
shal h, a p l t d over
ent rom im me, Of service during ill h nditi ns p the ove
r ent under PRuHoR.
-secti n ), h nditi ns r i e
r he iod of nduction shali
, i d —
) A over ent pl yee a
l ti d o,—
casual e w l
r rvice;
an
(ij) extra r inary ea
h nt
ent
s illn ss, j ct to
he uction f edi
cal
certificate, re i
n h l
ar ver ent
ploye . :
(b w a
Gover ent em
pl yee s ll
e t d o,—
th e onths
, su j ct to the
; tv lea fo a perio (i) maternity P n the case of a re l r
sam conditi n
s, a a appl
ble 1
Gover ent em
pl ee and
(ii) leav fo miscarri ge fo 2 pe o i w eks,er
th sam c
onditi ns, a s a appl
ble In
re l r Gov er ent em
ploye . >
| Co
(c ifa Gove rnment empl yee iS
v gis ta
h shal b e ntit tO Tra vel i !
HA
e
a the sam
5
PUNJAB GOVT GAZ. (EXTRA.), APRIL 5, 2011
(CHTR1s, 1933 SAKA)
(d) the services of a Government employee shall be terminable before the expiry of the period of induction by giving prior notice of one month from either side, or on payment of amount equal to the emoluments of one month in lieu of such notice; and
(e) in the matters of discipline and conduct, the provisions of the Act, rules, regulations, bye-laws or instructions, as are applicable to a regular employee shall apply mutatis mutandis.
17, This Act shall also apply mutatis mutandis to the persons appointed
by direct recruitment in the State Public Sector Undertakings including Boards,
Municipalities, Corporations, Companies, Authorities, Autonomous Statutory
Bodies, whether incorporated or not, Apex Co-operative Societies and Societies
registered under the Societies Registration Act, 1860, which are wholly or
substantially owned or controlled by the Punjab Government.
Provided that such instructions shall be consistent with the provisions
of this Act.
18. The Government may, from time to time, issue executive instructions Power to issue relating to the matters to which the provisions of this Act apply :
26
Provided that no such order shall be made after the cxpiry of a period of two years from the date of coming into force of this Act.
(2) Every order made under this section shall be laid, as soon as may be, after it is made before the State Legislature.
19. (1) If any difficulty arises in giving effect to any of the provisions Power to remove of this Act, the Government may, by notification, published in the Official Gazette, make such order, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for the removal of difficulty :
(a)
(b)
(c)
other law for the time being in force;
20. The provisions of this Act shall have effect notwithstanding anything Overriding effect. inconsistent therewith contained in any,
judgment, decree or order passed by any court ; or
Application of thc
Act to the Sate
20 LR(P)-Govt. Press, U.T., Chd. Undertakings.
Public Seciur
GOBINDER SINGH,
rules, regulations, bye-laws, notification, order, policy,
circular, instructions, advice, letter of appointment, offerof
appointment or guidelines issued by any authority for the
time being in force.
Secretary to Government of Punjab,
Department of Legal and Legislative A ffairs. instructions.
difficulties.
"a
P NJ B VT AZ. TRA), APRIL 5, 2011 26
R 15, 933 SAKA)
(d) theservicesofa overnment ploye shal be terminable before t e expiry of t e period of induction by giving prior notice of ne month f either side, or on payment of amount equal to t emoluments f one onth i l of such notice :
(e) in atters f discipline and conduct, the provisions of the Act, les, regulations, bye-laws r instructions, as are applicable r gular employe shal apply mutatis mutandis.
17. This Act shall also apply mutatis utandis persons appointed Application of the by direct recruitment in the State Public Sector Undertakings including Boards, Act to the State unicipalities, orporations, ompanies, Authorities, Autonomous Statutory Piflskic Seciot odies, hether orporated r ot, pex o-operative Societies and Societies Undenakings gistered nder ocieties egistration Act, 1860, which are wholly or
substantially ned r ntrol ed unjab overnment.
8. he overnment ay, om me to time, issue executive instructions Power to issue l t g at ers hich r visions of this Act apply : t ns.
r vi ed at t cti ns shall be consistent with the provisions of this Act.
. ) i ulty ises in giving effect to any of the provisions Power to remove f ct, overnment ay, otification, published in the Official Gazette, difficulties ake r er, t nsistent it visions of this Act, as may appear to be necessary or expedient h oval lt :
i d h t r shall be made after the expiry of a period of
w rom h i n o h ct
r a er this section shall be laid, as soon as may be,
i s a r h State Legislature.
20. The provisions of this Act shall ha e it st ding Overriding effect.
n nsistent h it t ined in any,—
a o aw im n i
n fo ;
(b ud ent, d o o p
b any court ; or
(c ru , re l ti ns, b
s, n t tion, order, policy,
c lar, ins ru ns, ad ,
le te o ap i ent, offer of
ap ent o g l s i s
ue by any au rity for the
time b n in force.
G N SING ,
S to G ent o njab,
D ar ent o L and L i l e A irs.
20 LR(P)—Govt. P U T C
6