Punjab act 006 of 2022 : The Punjab Affiliated Colleges (Security of Service) Amendment Act, 2021. (Punjab Act No. 6 of 2022)

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 7, 2022

(PAUSA 17, 1943 SAKA)

126

EXTRAORDINARY

Published by Authority

CHANDIGARH, FRIDAY, JANUARY 7, 2022

(PAUSA 17, 1943 SAKA)

( v )

LEGISLATIVE SUPPLEMENT

Contents Pages Part - I Acts

The Punjab Affiliated Colleges (Security of Service) Amendment Act, 2021.

(Punjab Act No. 6 of 2022)

Part - II Ordinances

Nil

Part - III Delegated Legislation

1. Notification No. G.S.R. 03/Const./Art.309/ 2022, dated the 5th January, 2022, containing the Punjab Excise and Taxation Commissioner's office (Head Office, Ministerial Staff) (Group-C) Service Rules,

2022.

2. Notification No. G.S.R. 04/Const./Art.309/ 2022, dated the 5th January, 2022, containing the Punjab Excise and Taxation Commissioner's office (Head Office, Ministerial Staff) (Group-B) Service Rules,

2022.

.. 13-15 .. 131-154 .. 155-174

1

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3. Notification No. G.S.R. 05/Const./Art.309/ 2022, dated the 5th January, 2022, containing the Punjab Excise and Taxation Department (Subordinate Offices) (Group-

B) Service Rules, 2022.

4. Notification No. G.S.R. 06/Const./Art.309/ 2022, dated the 5th January, 2022, containing the Punjab Excise and Taxation Department Subordinate Offices (Ministerial) (Group-C) Service Rules, 2022.

Part - IV Correction Slips, Republications and Replacements

Nil ______ .. 175-194 vi

.. 195-216

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PART I

GOVERNMENT OF PUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

NOTIFICATION

The 7th January, 2022

No.6-Leg./2022.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 30th day of December, 2021, is hereby published for general information:-

THE PUNJAB AFFILIATED COLLEGES (SECURITY OF SERVICE)

AMENDMENT ACT, 2021

(Punjab Act No. 6 of 2022)

AN

ACT

further to amend the Punjab Affiliated Colleges (Security of Service) Act, 1974.

BE it enacted by the Legislature of the State of Punjab in the Seventy-second Year of the Republic of India, as follows:-

1. (1) This Act may be called the Punjab Affiliated Colleges (Security of Service) Amendment Act, 2021.

(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.

2. In the Punjab Affiliated Colleges (Security of Service) Act, 1974 (hereinafter referred to as the principal Act), in section 2,-

(i) in clause (e), at the end, the word "and" shall be omitted; and

(ii) in clause (f), at the end, for the figure and sign "1979.", the figure, sign and word "1979; and" shall be substituted and thereafter, the following clauses shall be added, namely:-

"(g) "Administrator" means the officer appointed by the Administrative Secretary to Government of Punjab, Department of Higher Education to manage the affairs of the affiliated college; and

(h) "mismanagement" means managing the affairs in a way which leads to violation(s) of the regulations of the University Grants Short title and

Commencement.

Amendment in

section 2 of

Punjab Act 23

of 1974.

13

129

Commission or its successor regulatory body or bodies, as adopted by the State Government, or of the regulations prescribed by the concerned University or of the grant-in-aid scheme or any other law or the directions of the State Government and includes,-

(i) failure to comply with the conditions of affiliation laid down by the University; or

(ii) misappropriation or misapplication of grants or funds received from the State Government, Government of India or through any of its instrumentalities or students; or

(iii) failure to take appropriate action under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (Central Act No. 14 of 2013), despite having been called upon to do so or failure to take appropriate steps for the protection of the victim under the said Act; or

(iv) taking pecuniary benefits by the members of the Managing Committee; or

(v) taking actions which may defeat the national agenda of inclusive education; or

(vi) violation of any other law applicable to the affiliated college.".

3. In the principal Act, in section 6,-

(a) in clause (ii), for the sign ";", the sign and word "; and" shall be substituted;

(b) in clause (iii), for the words and sign "charge; and", the word and sign "charge." shall be substituted; and

(c) clause (iv) shall be omitted.

4. In the principal Act, in section 7-A,-

(i) for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The Chairman of an Educational Tribunal, shall be appointed by the State Government in consultation with the Chief Justice of the Punjab and Haryana High Court. The members of an Educational Tribunal shall be appointed by the State Government."; and

Amendment in

section 6 of

Punjab Act 23

of 1974.

Amendment in

section 7-A of

Punjab Act 23

of 1974.

4

130

(ii) after sub-section (13), the following sub-section shall be added, namely:-

"(14) Every order made by the Tribunal shall be enforced by it in the same manner as if it were a decree made by the court in a suit before it, and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, 1908, shall apply.".

5. In the principal Act, after section 7-B, the following section shall be inserted, namely:-

"7-C. The Administrative Secretary to Government of Punjab, Department of Higher Education may,-

(i) on the recommendation of the University to which the college is affiliated; or

(ii) on being satisfied that a case of mismanagement is made out against the affiliated college, after reasons to be recorded in writing, suspend the Managing Committee of such affiliated college for one year in the first instance, and appoint an Administrator:

Provided that the tenure of suspension may be extended by one year at a time.".

S.K. AGGARWAL,

Principal Secretary to Government of Punjab, Department of Legal and Legislative Affairs. Insertion of

new section in

Punjab Act 23

of 1974.

2485/1-2022/Pb. Govt. Press, S.A.S. Nagar

15

Suspension of Managing Committee.

131

PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION

(EXCISE AND TAXATION-2 BRANCH)

NOTIFICATION

The 5th January, 2022

No. G.S.R. 03/Const./Art.309/2022.- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules to, regulate the recruitment and conditions of Service of the persons appointed to the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff) (Group-C) Service, namely: -

RULES

1. Short title, commencement and application.- (1) These rules may be called the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff) (Group-C) Service Rules, 2022.

(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.

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

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

(a) "Appendix" means an Appendices appended to these rules;

(b) "Commissioner" means the Taxation Commissioner, Punjab;

(c) "Government" means the Government of the State of Punjab in the Department Excise and Taxation; and

(d) "Service" means the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff) (Group-C) Service.

3. Number and character of Posts.- The Service shall comprise the posts specified in Appendix 'A'.

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

4. Appointing Authority.- All appointments to the Service shall be made by the Commissioner.

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5. Method of appointment and qualifications.- (1) All appointments to the Service shall be made in the manner specified in Appendix 'B':

Provided that if no suitable candidate is available for appointment to the Service by promotion and by direct appointment, the appointment to the Service shall be made by way of transfer of person holding an analogous post under the State Government or Government of India.

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

(3) The appointment to the Service by promotion shall be made on seniority-cum-merit basis but no person shall have any right to claim promotion on the basis of seniority alone.

6. Pay of members of the Service.- The members of the Service shall be entitled to such scales of pay, as may be authorised by the Department of Finance, Government of Punjab 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".

7. Seniority.- Every member of the Service appointed through direct recruitment as Clerk, Clerk(Legal), Clerk(Accounts) and Clerk (I.T.), the seniority of these posts shall be common and other conditions are applicable mentioned in the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as amended from time to time.

8. Discipline, Punishment and Appeal.- (1) In the matter of discipline, punishment and appeal, the member of a Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules,1970 as amended from time to time.

(2) The authority, empowered to impose penalties as mentioned in rule 5 of the Punjab Civil Service (Punishment and Appeal) Rules,1970 and the Appellate Authority thereunder in respect of the members of the Service, shall be as specified in Appendix 'C'.

9. Application of the Punjab Civil Service (General and Common Conditions of Service), Rules,1994.- (1) In respect of the matters which are not specifically provided in these rules, the members of the Service shall be governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as amended from time to time.

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(2) The Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, at present in force, are contained in Appendix 'D'.

10. Repeal and saving.- The Punjab Excise and Taxation Commissioner's Office (State Service, Class III) Rules, 1954 in so far as they are applicable to the members of the Service are hereby repealed:

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

11. Interpretation.- If any question arises as to the interpretation to these rules, the Government of Punjab in consultation with the Department of Personnel shall decide the same.

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APPENDIX- 'A' (See rules 1 (3), 3 and 6)

Serial Name of Number of posts Scale of the Scale of the pay No. the Post Perma- Tempo- Total Pay for the member nent rary of the service

recruited on or

after 17.07.2020

1 2 3 4 5 6 7

1 Junior Scale 12 0 12 10300-34800+3600 29200/- Stenographer (Level-5)

2 Steno Typist 15 0 15 10300-34800+3200 21700/- (Level-5)

3 (a) Clerk 48 0 63 10300-34800+3200 19900/-

(b) Clerk 03 (Level-5) (Legal)

(c) Clerk 06 (Accounts)

(d) Clerk (I.T.) 06

4 Librarian 01 0 01 N.A 25500/-

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APPENDIX 'B' (See rule 5)

Serial Name Percentage of Qualification and experience No. of the Post appointment by for appointment by Direct Promo- Direct Promotion

appoint- tion appointment

ment

1 2 3 4 5 6

1 Junior Scale Twenty Seventy- As specified in the From amongst the Stenographer five five Punjab Civil Services steno typists who percent percent (General and have an experience Common Conditions of working as such

of Service) Rules, for a minimum

1994 as amended period of three years

time to time. and who qualify a test

in English and Punjabi

Stenography

conducted by the

Commissioner at the

speed to be specified

by the Government

from time to time.

2. Steno Typist Hundred - As specified in the ----

percent Punjab Civil Services

(General and

Common Conditions

of Service) Rules,

1994 as amended

time to time.

3 (a) Clerk Eighty Fifteen As specified in the i. From amongst the five percent Punjab Civil Services employees of percent (General and Group-C i.e.

Common Conditions Restorer and

of Service) Rules, telephone operator)

1994 as amended (whose pay scale is

time to time. less than the pay

136

scale of clerk) having an

experience of working as such for a minimum period of five years or Group-D

employees(i.e. Jamadar, Record- Lifter, Chowkidar, Chowkidar-cum- Mali, Mali, Peon, Daftri, Sweeper, Chowkidar-cum- Sweeper,

Electrician, and Photostate

Machine Operator) having an

experience of

working as such for a minimum

period of five years and minimum

educational

qualification of matriculation with punjabi subject.

ii. Qualifies a typing test in English and Punjabi language on computer to be conducted by the competent

authority or

Department of

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information Technology at a speed of thirty words per minute.

iii. The probation shall be cleared only

when, he possesses a course of at least one hundred and

twenty hours with hands on

experience in the use of personal

computer or

Information

Technology in

Office Productivity applications or

Desktop publishing applications from Government

recognised

institution or a

reputed institution, which is ISO 9001 Certified.

(b) Clerk (Legal) Hundred - i. Should be a Law percent Graduate from a

recognized University

or Institution;

ii. Qualifies a competitive test to be held by the recruiting authority; and

iii. Qualifies a test in Punjabi and English typing to be held by

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the recruiting authority at the speed of thirty words per minute or at such speed as may be specified by the

Punjab Government from time to time and other conditions

applicable as per the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as

amended from time to time.

(c) Clerk Hundred - i. Should be a Graduate (Accounts) percent in commerce from a recognized University

or Institution;

ii. Qualifies a competitive test to be held by the recruiting authority; and

iii. Qualifies a test in Punjabi and English typing to be held by the recruiting authority at the speed of thirty words per minute or at such speed as may be specified by the

Punjab Government from time to time and other conditions

applicable as per the Punjab Civil Services (General and Common

139

Conditions of Service) Rules, 1994, as

amended from time to time.

(d) Clerk(I.T.) Hundred - i. Should be a percent Graduate in Computer Application/

information

Technology/ Computer

Science/ Computer

Engineering/ Computer

Technology from a

recognized University

or Institution;

ii. Qualifies a competitive test to be held by the recruiting authority; and

iii. Qualifies a test in Punjabi and English typing to be held by the recruiting authority at the speed of thirty words per minute or at such speed as may be specified by the

Punjab Government from time to time and other conditions

applicable as per the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as

amended from time to time.

140

Librarian 100 - Should Possess a -----

percent degree in Library

Science from a

recognized

University or

Institution.

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APPENDIX 'C' (See rule 8)

Serial Name of Post Nature of Authority Appellate Authority No. *Penalty empowered to

or @ Order impose penalty

or pass order

1 2 3 4 5

1 Junior Scale Major/Minor Taxation Secretary-In- Stenographer Commissioner Charge

2 Steno Typist Major/Minor Taxation Secretary-In- Commissioner Charge

3 Clerk, Clerk Major/Minor Taxation Secretary-In- (Legal), Clerk Commissioner Charge (Accounts) and

Clerk (I.T.)

4 Librarian Major/Minor Taxation Secretary-In- Commissioner Charge

* In term of the Rule 5 of Punishment and Appeal Rules, 1970 and In term of the Rule 15 of Punishment and Appeal Rules, 1970

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APPENDIX 'D' (See rule 9) Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 Published vide Notification No. G.S.R.33/Const./Art.309/94, dated 4.5.1994 Last Updated 13th September, 2019

GOVERNMENT OF PUNJAB

DEPARTMENT OF PERSONNEL

(Personnel Policies I-Branch)

No. G.S.R.33/Const./Art.309/94.- In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and general and common conditions of service of persons appointed to Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab, namely: -

1. Short title, commencement and application.- (1) These rules may be called the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.

(2) They shall come into force at once.

(3) They shall apply to all the posts in Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab.

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

(a) "appointing authority" means an appointing authority specified as such in the Service Rules made under article 309 of the Constitution of India in respect of any service or Post in connection with the affairs of the State of Punjab.

(b) "Board" means the Subordinate Service Selection Board, Punjab or any other authority constituted to perform its functions;

(c) "Commissioner" means the Punjab Public Service Commission;

(d) "direct appointment" means an 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;

(e) "Government" means the Government of the State of Punjab in the Department of Personnel and Administrative Reforms;

(f) "recognised university or institution" means, -

(i) any university or institution incorporated by law in any of the State of India; or

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(ii) any other university or institution, which is declared by the Government to be recognised university or institution for the purposes of these rules;

(g) "Service" means any Group 'A' Service, Group 'B' Service and Group "C' Service constituted in connection with the affairs of the state of Punjab as per scales given in the Appendix.

(h) "Service Rules" means the service rules made under article 309 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to any service or post in connection with the affairs of the State of Punjab; and

(i) (i) "War hero" means a defence services personnel, or a para-military forces personnel, who is bona fide resident of Punjab State and has been killed or discharged from service on account of disability suffered by him on or after Ist January, 1999, while fighting in a war declared so by Government of India, in operations in Kargil or any other sector in J and K in the on going conflict with Pakistan or in any other operations which may be notified by the State Government to have been undertaken for preserving the unity and integrity of the Country; or

(ii) a defence service personnel or a para-military forces personnel who was a bona fide resident of Punjab State and was posthumously decorated with Parmvir Chakra, Mahavir Chakra or Vir Chakra;

provided that,-

(a) In exceptional instances, the cases of such War Heroes may also be covered, with the prior approval of the Department of Personnel who though not bona fide residents of Punjab State are yet closely connected to the State of Punjab;

(b) In the case of War Heroes, falling in the category (ii) above, the benefits to be given by the State Government will be restricted only to first generation dependent members/next of the kin.

Note.- The Government reserves the right to include any other category of Awardees for the purpose of providing employment to the category of War Heroes, as may be notified.

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

(a) a Citizen of India; or

(b) a Citizen of Nepal; or

(c) a Subject of Bhutan; or

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(d) a Tibetan refugee who came over to India before the Ist day of January, 1962 with the intention of permanently settling in India; or

(e) a person of India origin who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India;

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

(2) A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or the Board, as the case may be, on his furnishing proof that he has applied for the certificate but he shall not be appointed to the service unless the necessary certificate 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 produced,-

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

(b) An affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed or removed from service or any State Government or of Government of India, or of any Public Sector Undertaking.

4. Disqualification.- No person : -

(a) who has entered into or contracted a marriage with a person having 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 the Service:

Provided that the Government, if 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, exempt any person from the operation of this rule.

5. Age.- (1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty years of age in the case of non-technical posts and

145

thirty-five years in the case of technical posts on the Ist day of January of the year immediately preceding the last date fixed for submission of applications by the Commission or the Board, as the case may be, or unless he is within such range of minimum and maximum age limits as may be specifically fixed by the Government from time to time:

Provided that where different lower and upper age limits have been specifically prescribed for posts in the Service Rules, these limits shall be made applicable for appointment to such posts:

Provided further that the upper age limit may be relaxed upto forty-five years in the case of persons already in the employment of the Punjab Government or any Board, Corporation, Commission or Authority under it, other State Government or the Government of India.

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

(2) In the case of ex-servicemen, the upper age limit shall be as has been prescribed in the Punjab Recruitment of Ex-servicemen Rules, 1982, as amended from time to time.

(3) In the case of appointment on compassionate grounds on priority basis, the upper age limit shall be such as may be specifically fixed by the Government from time to time.

(4) In the case of appointment of a War-hero, who has been discharged from defence services or paramilitary forces on account of disability suffered by him or his widow or dependent member of his family, the upper age limit shall be such as may be specifically fixed by the Government from time to time.

5A. Increase in upper age limit.- Notwithstanding anything contained in rule 5, on and with effect from the commencement of the Punjab Civil Services (General and Common Conditions of Service) Amendment Rules, 2010, where in any other Service rules, or in Government instructions, the upper age limit for appointment to any service or for any category or persons, if different from thirty -five years, it shall be deemed to have been increased by two years.

6. Qualification.- Subject to the provisions of these rules, the number and character of posts, method of recruitment and educational qualifications and experience for appointment to a post or posts in a Service and the departmental examination if any, shall be such as may be specified in the Service Rules made for that Service:

Provided that where appointment of Group 'A' or Group 'B' non-technical post is offered to a war-hero, who has been discharged from defence services or paramilitary forces on account of disability suffered by him or his widow or dependent member of his family, under the instructions issued in this behalf by the Government, the educational qualification

146

to be possessed by such person shall be graduation from a recognised university. Such person who is offered Group 'A' or Group 'B' or Group 'C' nontechnical post, shall not, however, be required to posses experience of technical or nontechnical post at the time of his initial appointment.

7. Probation.- (1) A person appointed to any post in the service shall remain on probation for a period of two years, if recruited by direct appointment and one year if appointed otherwise:

Provide 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 any case of an appointment by transfer, any period of work on an 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 at the end of period of probation, shall be counted towards the period of probation.

(d) any kind of leave not exceeding six months, during or at the end of period 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 or he has failed to pass the departmental examination, if any, prescribed in Service Rules within a period not exceeding two and a half years from the date of appointment, it may, -

(a) if such person is recruited by direct appointment dispense with his service, 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 appointed otherwise -

(i) revert him to his former post; or

(ii) deal with him in such other manner as the terms and conditions of the 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 or from the date he completes his period of probation satisfactorily, if he is not already confirmed; or

(ii) declare that he has completed his probation satisfactorily, if he is already confirmed; or

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

147

to pass the departmental examination, if any, specified in the Service Rules-

(i) 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;

(ii) extend his period of probation and thereafter pass such order as it could have passed on the expiry of the period of probation as specified in sub-rule

(1):

Provided that the total period of probation including extension, if any, shall not exceed four years, if recruited by direct appointment and three years if appointed otherwise.

8. Seniority.- The seniority inter se of persons appointed to posts in each cadre of a Service shall be determined by the length of continuous service on such post in that cadre of the Service.

Provided that in the case of persons recruited 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 order of merit determined by the Commission or the Board, as the case may be, shall not be disturbed:

Provided further that in case a person is permitted to join the post after the expiry of the said period of four months in consultation with the Commission or the Board, as the case may be, his seniority shall be determined from the date he joins the post:

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

(a) a person appointed by direct appointment shall be senior to a person appointed otherwise;

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

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

(d) in the case of persons appointed by transfer from different cadres their seniority shall be determined according to pay, preference being given to a persons 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 these appointments

148

and if the length of service is also the same, an older person shall be senior to a younger person.

Provided further that in the case of persons recruited by direct appointment in the same cadre obtaining equal marks during same selection process, their inter-se-seniority shall be determined on the basis of their age. This is, an older person shall be senior shall be senior to the younger person.

Note.- Seniority of persons appointed on purely provisional basis or on ad hoc basis shall be determined as and when they are regularly appointed keeping in view the dates of such regular appointment.

9. Liability of members of Service to transfer.- A member of a Service may be transferred to any post whether included in any other service or not, on the same terms and conditions as specified in rule 3.17 of the Punjab Civil Service Rules, Volume-I, Part-I.

10. Liability to serve.- A member of Service shall be liable to serve at any place, whether within or out of the State of Punjab, on being ordered so to do by the appointing authority.

11. Leave, Pension and other matters.- In respect of pay, leave, pension and all other matters not expressly provided for in these rules, a member of Service shall be governed by such rules and regulations as may have been or may hereafter be adopted or made by the competent authority.

12. Discipline, penalties and appeals.- (1) In the matter of discipline, punishment and appeals, a member of Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970 as amended from time to time.

(2) The authority empowered to impose penalties specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and the appellate authority thereunder in respect of the Government employee shall be such as may be specified in the Service Rules.

13. Liability for vaccination and re-vaccination.- Every member of a Service shall get himself vaccinated or re-vaccinated when Punjab Government so directs by a special or general order.

14. Oath of allegiance. - Every member of a 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.

14A. Minimum Educational and other Qualifications for appointment to the post of Senior Assistant by.-

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Direct Appointment Promotion

No person shall be given direct appointment to the post of Senior Assistant under the Punjab Government, unless he-

(i) Possesses the Bachelor's Degree from a recognized University or Institution; and

(ii) Qualifies in the competitive test specified by the appointing authority from time to time;

and

(iii) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in office Productivity applications or Desktop Publishing applications from a Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer Information Technology Course equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India.

(2) The person so appointed as Senior Assistant in terms of the Provisions of sub-rule (1), shall have, before his appointment, passed a test in English and Punjabi respectively, typewriting on Computer to be conducted by the Board or the Appointing Authority or the Department of Information Technology, as the case may be, at a speed of thirty words per minute:

Provided that where appointment of Group 'B' non-technical post is offered to a War Hero, who has been discharged from Defence Services or dependent member of his family under the instructions issued in this behalf by the Government, the educational qualifications to be possessed by such person shall be Graduate from a recognized University or Institution. However, such person shall not be required to qualify the test in Punjabi type-writing as provided in sub-rule (2). From amongst the clerks,

who have an experience

of working as such for a

minimum period of [four

years].

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15. Minimum educational and other Qualifications.- (1) (i) No person shall be given direct appointment to the post of Clerk under the Punjab Government unless he possesses the Bachelor's Degree from a recognized University or Institution; and

(ii) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in Office Productivity applications or Desktop Publishing applications from a Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer information Technology course equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India;

(2) The person so appointed as Clerk in terms of sub-rule (1) shall have to qualify a test in Punjabi typewriting to be conducted by the Board or by the appointing authority at the speed of thirty words per minute within a period of one year from the date of his appointment. Provided that where appointment of Group 'C' non-technical post is offered to a War Hero, who has been discharged from Defence Services or dependent member of his family, under the instructions issued in this behalf by the Government, the educational qualifications to be possessed by such person shall be Graduate from a recognized University or Institution. However, such person shall not be required to qualify the test in Punjabi type-writing as specified in sub-rule (2).

15A. Minimum Educational and other Qualifications for appointment to the post of Senior Scale Stenographer by.-

Direct Appointment Promotion

No person shall be given direct appointment to the post of Senior Scale Stenographer under the Punjab Government unless he-

(i) Possesses the Bachelor's Degree from a recognized University or Institution; and

(ii) Qualifies in a Stenography test in four paras (two in Punjabi and two in English language) containing 250 words each as follows:-

(i) From amongst the Junior Scale Stenographers, who have anexperience of working as such for a minimum period of one year:

Provided that if the Junior Scale Stenographer is not available then from amongst the Steno-typists, who have an experience of working as such for a minimum period of [four years]; and

151

(a) the passage in Punjabi shall be dictated at a speed of 100 words per minute in Punjabi language required to be transcribed these (at typewriter/computer) at a speed of 20 words per minute; and

(b) the passage in English shall be dictated at a speed of 60 words per minute in English language required to be transcribed these (at typewriter/ computer) at a speed of 12 words per minute.

(iii) The candidates committing not more than 4% mistakes in aggregate and only if he/she qualifies the stenography test in both the languages shall be considered to have qualified the test for appointment as Senior Scale Stenographer".

(iv) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in Office Productivity application or Desktop Publishing applications from a Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer Information Technology course equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India.

(ii) Qualifies in a Stenography test in four paras (two in Punjabi and two in English language) containing 250 words each as follows:-

(a) the passage in Punjabi shall be dictated at a speed of 100 words per minute in Punjabi language required to be transcribed these (at typewriter/computer) at a speed of 20 words per minute; and

(b) the passage in English shall be dictated at a speed of 60 words per minute in English language required to be transcribed these (at typewriter/computer) at a speed of 12 words per minute.

(iii) The candidates committing not more than 4% mistakes in aggregate and only if he/she qualifies the stenography test in both the languages shall be considered to have qualified the test for promotion as Senior Scale Stenographer.

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16. Minimum educational and other qualifications for appointment to the post of Steno-typist Grade-II or Junior Scale Stenographer Grade-II. - No person shall be appointed by direct appointment to a post of a Steno-typist Grade-II, or a Junior Scale Stenographer Grade-II under the Punjab Government, unless he -

(a) is Matriculate in Second Division or has passed Senior Secondary Part-II examination from a recognised university or institution; and

(b) qualifies a test in Punjabi Stenography to be held by the Board or by the appointing authority at a speed to be specified by the Government from time to time.

(c) Possesses at least one hundred and twenty hours course with hands on experience in the use of Personal Computer or Information Technology in Office Productivity applications or Desktop Publishing applications from Government recognized institution or a reputed institution, which is ISO 9001, certified.

OR

Possesses a Computer information Technology Course equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India.

17. Knowledge of Punjabi Language.- No person shall be appointed to any post in any service by direct appointment unless he has passed Matriculation examination with Punjabi as one of the compulsory or elective subjects or any other equivalent examination in Punjabi language, which may be specified by the Government from time to time:

Provided that where a person is appointed on compassionate grounds on priority basis under the instructions issued in this behalf by the Government from time to time, the person so appointed shall have to pass an examination of Punjabi Language equivalent to Matriculation standard or he shall have to qualify a test conducted by the Language Wing of the Department of Education of Punjab Government within a period of six months from the date of his appointment:

Provided further that where educational qualifications for a post in any service are lower than the Matriculation standard, then the person so appointed shall have to pass an examination of Punjabi Language equivalent to Middle standard:

Provided further that where a War Hero, who has been discharged from defence services or paramilitary forces on account of disability suffered by him or his widow or

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dependent member of his family, is appointed under the instructions issued in this behalf by the Government, the person so appointed will not be required to possess aforesaid knowledge of Punjabi Language:

Provided further that where a ward of Defence Service Personnel, who is a bona fide resident of Punjab State, is appointed by direct appointment, he shall have to pass an examination of Punjabi Language equivalent to matriculation Standard or he shall have to qualify a test conducted by the Language Wing of the Department of Education of Punjab Government within a period of two years from the date of his appointment.

18. Promotion to Group 'A' and Group 'B' Services.- (1) (a) For promotion to the post as Head of Department would be decided strictly on the basis of merit-cum-seniority as per the instructions issued by the Government from time to time. The minimum benchmark for promotion for such post would be 'Very Good'. The officer who is graded as 'Outstanding' would supersede the officer grades as 'Very Good'.

(b) For promotion to post falling in Group 'A' other than Head of Department, the minimum benchmark will be 'Very Good' as per instructions issued by the Government from time to time. There shall be no supersession on the basis of merit.

(c) For promotion to post falling in Group 'B', the minimum benchmark will be 'Good' and there shall be no supersession on the basis of merit.

(2) Debarring for consideration for promotion of a Government Employee who refuses to accept promotion.- In the event of refusal to accept promotion by a member of a service, he shall be debarred by the appointing authority from consideration for promotion for all the consecutive chances which may occur in future within a period of two years from the date of such refusal to accept promotion:

Provided that in case where the appointing authority is satisfied that a member of a service has refused to accept promotion under the circumstances beyond his control, it may exempt such a member for reasons to be recorded, therefore in writing from the operation of this rule.

19. Power to relax.- Where the Government is of the opinion that it is necessary to 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 or persons:

Provided that the provisions relating to educational qualifications and experience, if any shall not be relaxed.

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20. Over riding effect.- The provisions of these rules shall have effect notwithstanding anything contrary contained in any rules for the time being in force for regulating the recruitment and conditions of service for appointment to public service and posts in connection with the affairs of the State.

21. Interpretation.- If any, question arises as to the interpretation of these rules, the Government shall decide the same.

A. VENU PRASAD,

Additional Chief Secretary (Taxation) to Government of Punjab,

Department of Excise and Taxation. 2485/1-2022/Pb. Govt. Press, S.A.S. Nagar

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PART III

GOVERNMENT OF PUNJAB

DEPARTMENT OF EXCISE AND TAXATION

(EXCISE AND TAXATION-2 BRANCH)

NOTIFICATION

The 5th January, 2022

No. G.S.R. 4/Const./Art.309/2022.- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling in this behalf, the Governor of Punjab is pleased to make the following rules to regulate the recruitment and conditions of Service of persons appointed to the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff), (Group-B) Service, namely:-

RULES

1. Short title, commencement and application.- (1) These rules may be called the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff) (Group-B) Service Rules, 2022.

(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.

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

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

(a) "Appendix" means an Appendices appended to these rules;

(b) "Government" means the Government of the State of Punjab in the Department Excise and Taxation; and

(c) "Service" means the Punjab Excise and Taxation Commissioner's Office (Head Office, Ministerial Staff), (Group-B) Service.

3. Number and character of posts.- The Service shall comprise the posts specified in Appendix "A":

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

4. Appointing Authority.- All appointments to the Service shall be made by the Government.

5. Method of appointment, qualifications and experience.-(1) All Appointments to the Service shall be made in the manner specified in Appendix 'B':

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Provided that if, no suitable candidate is available for appointment to the Service by promotion and by direct appointment, the appointment to the Service shall be made by way of transfer of person holding an analogous post under the Government of Punjab or Government of India.

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

(3) Appointment to the Service by promotion shall be made on seniority-cum-merit basis but no person shall have any right to claim promotion on the basis of seniority alone.

6. Pay of members of the Service.- (1) The members of the Service shall be entitled to such scales of pay as may be authorised by the Department of Finance, Government of Punjab from time to time.

(2) The scales of pay at present in force in respect of the members of the Service are given in Appendix 'A'

7. Discipline, Punishment and Appeal.- (1) In the matter of discipline, punishment and appeal, the member of a Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules,1970 as amended from time to time.

(2) The authority, empowered to impose penalties as mentioned in Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules 1970 and the Appellate Authority there under in respect of the members of the Service, shall be specified in Appendix 'C'.

8. Application of the Punjab Civil Services (General and Common Conditions of Service) Rules,1994.- (1) In respect of the matter which are not specifically provided in these rules, the members of the Service shall be governed by the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as amended from time to time.

(2) The Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, at present in force are contained in Appendix 'D'.

9. Repeal and saving.- The Punjab Excise and Taxation Commissioner's Office (State Service, Class III) Rules, 1954 in so far as they are applicable to the members of the Service are hereby repealed:

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

10. Interpretation.- If any question arises as to the interpretation to these rules, the Government of Punjab in consultation with the Department of Personnel shall decide the same.

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APPENDIX- 'A' [See rules 1 (3), 3 and 6] Ser- Name of Number of posts Scale of the Scale of the pay ial the Post Perma- Tempo- Total Pay for the member No. nent rary of the service

recruited on or

after 17.07.2020

1 2 3 4 5 6 7

1 Superintendent 11 0 11 10300-34800+4800 N.A Grade-II

2 Personal 06 0 06 10300-34800+4800 N.A Assistant

3 Senior Assistant 47 0 47 10300-34800+4400 35400/- (Level-6)

4 Senior Scale 13 0 13 10300-34800+4400 N.A Stenographer

5 Legal Assistant 02 0 02 - 35400/- (Level-6)

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APPENDIX 'B' [See rule 5]

Serial Name Percentage of Qualification and experience No. of the Post appointment by for appointment by Direct Promo- Direct Parmotion

appoint- tion appointment tion

ment

1 2 3 4 5 6

1 Superintendent. - Hundred --- From amongst the Senior Grade-II percent Assistants who have an experience of working as

such for a minimum period

of five years.

2 Personal Assistant - Hundred --- From amongst the Senior percent Scale Stenographers who

have an experience of

working as such for a

minimum period of

four years.

3 Senior Assistant Twenty Seventy As specified in the From amongst the clerks, Five Five 'Punjab Civil Services clerk(Legal), clerk

Percent Percent (General and Common (Accounts), clerk

Conditions of Service) (I.T.),Junior Assistants

Rules, 1994' as amended who have an experience

time to time. of working as specified in

the Punjab Civil Services

(General and Common

Conditions of Service)

Rules, 1994 as amended

time to time.

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4 Senior Scale - Hundred - As specified in the Punjab Stenographer Percent Civil Services (General and Common Conditions

of Service) Rules, 1994

as amended time to time.

5 Legal Assistant Hundred - Should possess second - percent class degree in law from

a recognized University

or Institution and should

have practiced at the

Bar for a minimum

period of two years or

should have an

experience of working

on a legal post for a

minimum period of

two years.

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APPENDIX 'C' (See rule7) Ser- Name of Post Nature of Authority Appellate ial *Penalty empowered to Authority No. or @ Order impose penalty

or pass order

1 2 3 4 5

1. Superintendent Major/Minor Secretary-In-Charge Minister-In-Charge Grade-II

2. Personal Major/Minor Secretary-In-Charge Minister-In-Charge Assistant

3. Senior Assistant Major/Minor Secretary-In-Charge Minister-In-Charge

4. Senior Scale Major/Minor Secretary-In-Charge Minister-In-Charge Stenographer

5. Legal Assistant Major/Minor Secretary-In-Charge Minister-In-Charge * In term of the Rules of 5 of Punishment and Appeal Rules, 1970 and In term of the Rules of 15 of Punishment and Appeal Rules, 1970

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APPENDIX 'D' (See rule 8) Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 Published vide Notification No. G.S.R.33/Const./Art.309/94, dated 4.5.1994 Last Updated 13th September, 2019

GOVERNMENT OF PUNJAB

DEPARTMENT OF PERSONNEL

(Personnel Policies I-Branch)

No. G.S.R.33/Const./Art.309/94.- In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and general and common conditions of service of persons appointed to Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab, namely: -

1. Short title, commencement and application.- (1) These rules may be called the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994.

(2) They shall come into force at once.

(3) They shall apply to all the posts in Group 'A', Group 'B' and Group 'C' services in connection with the affairs of the State of Punjab.

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

(a) "appointing authority" means an appointing authority specified as such in the Service Rules made under article 309 of the Constitution of India in respect of any service or Post in connection with the affairs of the State of Punjab.

(b) "Board" means the Subordinate Service Selection Board, Punjab or any other authority constituted to perform its functions;

(c) "Commissioner" means the Punjab Public Service Commission;

(d) "direct appointment" means an 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;

(e) "Government" means the Government of the State of Punjab in the Department of Personnel and Administrative Reforms;

(f) "recognised university or institution" means, -

(i) any university or institution incorporated by law in any of the State of India; or

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(ii) any other university or institution, which is declared by the Government to be recognised university or institution for the purposes of these rules;

(g) "Service" means any Group 'A' Service, Group 'B' Service and Group "C' Service constituted in connection with the affairs of the state of Punjab as per scales given in the Appendix.

(h) "Service Rules" means the service rules made under article 309 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to any service or post in connection with the affairs of the State of Punjab; and

(i) (i)"War hero" means a defence services personnel, or a para-military forces personnel, who is bona fide resident of Punjab State and has been killed or discharged from service on account of disability suffered by him on or after Ist January, 1999, while fighting in a war declared so by Government of India, in operations in Kargil or any other sector in J and K in the on going conflict with Pakistan or in any other operations which may be notified by the State Government to have been undertaken for preserving the unity and integrity of the Country; or

(ii) a defence service personnel or a para-military forces personnel who was a bona fide resident of Punjab State and was posthumously decorated with Parmvir Chakra, Mahavir Chakra or Vir Chakra;

provided that,-

(a) In exceptional instances, the cases of such War Heroes may also be covered, with the prior approval of the Department of Personnel who though not bona fide residents of Punjab State are yet closely connected to the State of Punjab;

(b) In the case of War Heroes, falling in the category (ii) above, the benefits to be given by the State Government will be restricted only to first generation dependent members/next of the kin.

Note.- The Government reserves the right to include any other category of Awardees for the purpose of providing employment to the category of War Heroes, as may be notified.

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

(a) a Citizen of India; or

(b) a Citizen of Nepal; or

(c) a Subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the Ist day of January, 1962

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with the intention of permanently settling in India; or

(e) a person of India origin who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India;

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

(2) A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or the Board, as the case may be, on his furnishing proof that he has applied for the certificate but he shall not be appointed to the service unless the necessary certificate 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 produced,-

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

(b) An affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed or removed from service or any State Government or of Government of India, or of any Public Sector Undertaking.

4. Disqualification.- No person : -

(a) who has entered into or contracted a marriage with a person having 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 the Service:

Provided that the Government, if 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, exempt any person from the operation of this rule.

5. Age.- (1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years or is more than thirty years of age in the case of non-technical posts and thirty-five years in the case of technical posts on the Ist day of January of the year immediately

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preceding the last date fixed for submission of applications by the Commission or the Board, as the case may be, or unless he is within such range of minimum and maximum age limits as may be specifically fixed by the Government from time to time: