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Haryana act 070 of 1980 : The Haryana Government Gazette June 24, 1980

r 7 TWHHATAMM UST Wret., JUNE 29, 16 OTT

(ASADHA 3, 1902 SAKA)

PART III

HARYANA GOVERNMENT

FISHERIES DEPARTMENT

Notification

The 30th May, 1980 G.S.R.70/Const./Art.309/80.—In exercise of the powers conferred by the proviso to atticle 309 of the Constitution of India and all other powers enabling him in this behalt, the Governor of Haryana hereby makes the follow- ing rule regulating the recrultment and conditions of :ervice of persons appointed to the Haryana Fisheries State Servic', Group B, Rules, namely :-— PART J—GENERAL}

1. These rules may be called the Haryana Fisheries Group B Service Short title. Rules, 1980.

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

(a) "Commission" means the Haryana Public Service Commission ;

(b) "direct recruitment" means an appointment made otherwise than by promotion or by transfer of an official already in the service of the Government of Indla or any State Government ;

(c) "Government" means the Haryana Government in the Adminis- trative Department ;

(d) "recognised university" means,— \

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

(ii) in the case of a degree, diploma certificate obtained as a result of an examination held before the 15th August, 1947, the Punjab, Sind or Dacca University, or

(iil) any other university which is declared by Government to be a recognised university for the purpose of these rules. (ec) "Service * means the Haryana Fisheries Department State Service Group B.

PART II—RECRUITMENT TO SERVICE

3. The Service shall comprise the posts shown in Appendix 'A' to these Number Tules ; and

character

Provided that nothing in these rules shall affect the inherent right of Of PO#ts- Government to make addittons to or reduction in the number of such posts of to create new posts with different designations and scales of pay, either permanently or temporarily.

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648 HARYANA GOVT GAZ., JUNE 24, 1980

(ASADHA 3, 1902 SAKA)

Nationality

domicile 4. (1) No person shalt be appointed to the Service, unless he is— an

character {a) a citizen of India ; or

of candj-

dates (b) a subject of Nepal ; or ~

appointed

to the ' {c) a subject of Bhutan ; or

Service.

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

(e) a person of Indian origion who has migrated from Pakistan, Burma Stilanka, East Aftican countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethopia with the intention of permanently settling in India :

Provided that a person belonging ta category {b), {c) (d) and(e) shall bea person in whose favour a certificate of cligibility has been fssued by the Government.

(2) A person in whose case a certificate of eligibility is necessaty may be admitted to an examination of interview conducted by the Haryana Public Service Commission or any other recruiting authority, but the offer of appoint- ment may be given only after certificate has been issued to him by the Go- vernment,

(3) No person shall be appointed to the Service by direct recruitment unless he produces n certifiete of character from the principal academic officer of the untversity, college, school or institution last attended. if any, and similar certificates from two other responsible persons not being his relatlyes who are well acquainted with him in his private life and ate unconnected with his university, college, school or-institution.

Age. 5. No person shall be appointed to the Service by direct recrultment who is less than seventeen years or mote than twenty-seven years of age, on the last date of submission of applications to the Commission. Appointin 6 Appointments to the posts in the Service shall be made by the Go- Authority. Vetament after consultation with the Commission, Qualifiea- 7. No person shall be appointed to the Service, unless he is In possession tions. of qualifications and experience specified in Appendix B to these rules. Disqualifi- 8. No person—

cation

(a) who has entered into or contracted a marriage with a person having a spouse living, of . ;

(0) who having a spouse living has entered into or contract a marriage with any person, shall be ellgible for appointment to the Service ; Provided that the Government may, if satisfied that such martiage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule.

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HARYANA GWYT, GAL. JUNE 24, 1978) o4y (ASADHA 3, 19f2 SARA;

9, (I) Recruitment to the Service shall be made :— Method of recruitment

(a) by promotion .. 50%; or

(b) by direct recruitment 50% ; or

(c) by transfer or deputation of a person already in the service of any State Government or the Government of India ; provided no eligible person is available for promotion or direct recruitment.

(2) When any vacancy occurs of is about to occur in the Service, the appointing authority shall determine in what manner such vacancy shall be filled.

(3) Appointment to any post by promotion shall be made strictly on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.

10. (1) Persons appointed to the Service shall remain on probation for Probation. a period of two years, if appointed by direct recruitment and one year , if appointed otherwise :

Provided that—

{a) any period after such appointment spent on deputation on = a corresponding or a higher post shall count towards the period of probation ;

(b) in the case of an appointment by transfer, any period of work ia equivalent or highcr rank, prior to appointment to the Service may, at the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule ; and

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

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

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

{b) if such person is appointed otherwise than by direct recruitment,—

(i) revert him to his former post ; or

(ii) deal with him in such other manner as the terms and conditions of bis previous appointment permit.

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' ARYANA GOVT GAZ. JUNE 24, 1986

650 H OSADHA 3, 1902 SAKA)

. (3) On the completion of the period of probation of'a person, the appoint- ing authority may,—

(a) If his work or conduct has, in its opinion, been satisfactory—- () confirm such person from the date of his appointment, if appointed against a permanent vacancy ; or

Gi) confirm such person from the date from which a permanent vacaney occurs, if appointed against a temporary vacancy ; of

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

(b) If his work or conduct has in its opinion, been not satisfactory,—

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

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

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

Depart- 11. (i) Every member of the Service, shall within two years from the mental date of his appointment to the Service, pass the departmental examination as examina prescribed in the Appendix 'E' to these rules.

ion.

(2) If a member has already passed the departmental examination in both the papers in Haryana Fisheries Department State Service Group C with credit he shall not be required to pass the same in this Service.

(3) In order to pass the departmental examination, a member shall have to obtain 50 per cent marks in each paper. A member getting 66 per cent marks or above in each paper shall be deemed to have qualified the departmental examination with credit and he shail not be required to pass the said examination in Class I Service again.

(4) If any member fails to pass the departmental examination, his services shall be terminated ; provided that the Government may exempt any member of the Service from passing the whole or any portion of the departmental examination or may extend the period within which the member of the Service shall pass the examination.

j (5) The increments of a member of the Service shall be regulated as under :—

(i) If a member of the Service passes the departmental examination within a petiod of two years from the date of his appointment, he shall be entitled to get two increments, including that aready earned by him from the date, if any , following the last day on which the depaftmental examination is completed. Howevers, he shall be entitled to get the third increment after the completion of three years service ;

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HNAKRYANA UUVI GAG JUNE <4, F7su OS! {ASADHA 3, 1902 SAKA)

(ii) in case a member of the Service is allowed extension in the period within which the said examination is tequired to be passed, his next increment(s) for the period subsequent to that within which the departmental examination was to be passed, shall be released only from the date following the fast day on which the examination is completed ;

(ili) {fa member of the Service falls to pass the departmental examina- tlon, of any part thereof, and Is subsequently exempted by the Government from passing the departmertal examination or any part thereof, as the case may be, his increment(s) for the perfod subsequent to that within which the departmental examination was fo be passed, shall be released from the date he ls given such exemption ;

(iv) further increments shall normally be admissible on the dates on which they would have become otherwise due. 12, The senlority, inter se of members of the Service shall be determined Seniority. by the length of continuous service on eny postin the service ; Provided that where there are different cadres in the service, the seniority shall be determined separately for cach cadre :

Provided further that {n the case of members appointed by direct Tecruitment, the order of merit determined by the Commission shall not be disturbed in fizing the seniority :

Provided further that in the case of two or more members appointed on the same date, thelr senlorlty shall b2 determined as follows :—

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

(b) a member appointed by promotion shall b2 senior to a member appointed by transfer ;

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

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

13. A member of the Service shall be Hable to serve under the State Government at any place whether within of ouside the State of Haryana. Facility to

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Leave, Pay, pension or other

matiers, Discipline, penaltios and

appeals

Vaccination. Oath of

alleziance. Power of

Telaxation, Special

provisions, Repeal

and

Savings.

652 HARYANA GOVT GAZ.,JUNE 24, 1980

(ASADHA 3, 1902 SAKA)

A member of the Service may also be deputed to serve under—

(1) a company, an aSsoclation or body of individuals whether {ncor- Porated ot not, which is wholly or substantially owned or Controlled by the State Government, a municipal corporation or alocal authority within the State of Haryana ;

(li) the Central Government of a company, an association ot body of individuals, whether incorporated of not,which is wholly or substantially owned of controlled by the Central Government ; or

{lli) any other State Government, an international organisation. an autonomous body not controlled by the Government, of a private body -

Provided that no member of the Service shall be depute i to the Central of any other State Government or any ofganisation or body referred to in clauses (ii) and (ili). except with his consent.

14. In respect of pay, leavé, pension and all other matters, not expressly Provided for in these rules, the members of the Service shall be governed by such rules and regulations 23 may hove been, of many hereafter be adopted or made by the competent authority under the Consiitution of India of under any other \aw for the time being tr force.

15. (1) In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1952, as applicable to the State of Haryana « Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall, subject to the provisions of any. be such as are specified in Appendix 'C' to these

(2) The authority competent to pass aa order under clauses (c) and (d) of the Sub-rule (1) of rule 10 of the Punjab Civil Service (Punishment and Appeal} Rules. 1952 and the appellate authority shail also be as specified in Appendix 'D' to these rules,

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16, Every member of the Service shall get himself vaccinated and r evaccinated ifand when the Government so directs by a special or general order.

17. Every member of the Service unless he has already done $o, shall be required tc take the oath of allegiance to India and to the Constitution of India as bylaw established.

18. Where the Government |s of the opinion that it is aeCcésary or expedient to do so, it may, by order, for reasons to be recorded 10 writing relax any of the provisions of these rules with respect to any class oF Category or persons. ,

19. Notwithstanding anything contained in these rules the appointing authority may impose Special terms and conditions in the order of appoint- ment of a person if it is decmed expedient to do so. fr

20. The Punjab Fisheries Rules, 1935 are hereby repealed :

Provided that any orders made or actlontaken under the rules so repealed Shall be deemed to have been made or taken under the corresponding provision of these rules,

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APRON SRE TR NE Rey SEN ey vero

(ASADHA 3, 1902 SAKA)

APPENDIX A

(See rule 3) : Number of posts Serial Designation of post No, Scale of Pay

Perma- Tempo- Total nent rary

1 2 30 Oe 4 5 6

Rs.

1 Fisheries Development ~ 3 6 9 350--25—500/30-~590/ Officer 30—830/35—900

2 Fisheries Research . 1 1 350 25. 500/30 590) Officer 30—-830/35—900

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654 HARYANA GOVT, GAZ,, JUNE 24, 1980

(ASADHA 3, 1902 SAKA)

APPENDIX B

(See rule 7} Serial Designation of post | Academic qualifications and Academic qualifications No. experience . if any, for direct and experience, if any . for recruitment and transfer appointment by promotion

I 2 3 4

1 Fisheries Develop- 7] 1. (a) B.Sc. of a recognised (a) B.Sc. with Zoology Officer | University with Zoology as froma recognised Uni-

. one of the subject. versity with ten years expe-

2 Fisheries Research rience as Fisheries Officer. icer

(b) Post-graduate Training in (b) One year training in Fisheries from Central Tntand Fisheries from the Central Fisheries Research Institute Indian Fisheries Research Barrackpore, Calcutta with Institute, Barrackpore, 3 years practical experience of Calcutta, Fisherics Development Pro-

gramme,

or

7 years experience in Fisheries

Development after attainment

of basic qualification,

or

Hi. (a) M. Sc. Zoology with

specialisation in Fish and

Fisheries,

(b) Four years experience in _ Fisheries Development after ie, M.Sc,

Note.—The experience in each ease will be counted after attain- ing of basic qualification. TH, Adequate knowledge of Hindi

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HARYANA GOVT. GAZ, JUNE 24, 1980 655

(ASADHA 3, 1902 SAKA}

APPENDIX C

[See rule 15(1)] Sr, Designation of post Appoint- Nature of Penalty Authority Appellate No, ing. empowered authority

authority to impose

penalty

1 2 3 4 5 6

1 Fisheries Develop- Govern- (a) Warning with acopy Head of Govern- ment Officer ment in the personal fiie; Depart- ment ment

2 Fisheries Research | (b) Censur® ; Ditto Do Officer 5 lk teins ce:

(c) Withholding of incre- Ditto Do ments including st6ppage at an efficiency bar ;

(d) recovery from pay of Ditto Do the whole or part of any pecuniary loss caused to Government by negligence or breach of orders ;

(e) reduction to a lower Govern- Bo post or time scale or toa ment lower stage in a time scale;

(f) removal from the Service Do Do which does not disqualify from future employment:

{(g) dismissal from the Do Do Service which does ordi- narily disqualify from

future employment.

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656 HARYANA GOVT GAZ., JUNE 24, 1980

{ASADHA 3, 1902 SAKA)

APPENDIX D

- [See rule 25(2)] Serial Designation of post Nature of order Authority Appellate No. empowered to authority

make the

order

1 2 3 4 5

1 Fisheries Development } (a) Reducing or withholding Government Nil Officer the amount of ordinary

additional pension admissible

2 Fisheries Research under the rule governing Officer pension

(b) Terminating the appoint- Government Nil ment of a member of the

Service otherwise than on his

attaining the age fixed for super- annuation

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HARYANA GOVT. GAZ., JUNE 24, 1980 657

(ASADHA 3, 1902 SAKA)

APPENDIX E

(See rule 11) ad examination shall consist of the following papers having the marks noted against eacl

st Paper > Inland Fisheries Science and Circulars of the Fisherics De- 50 marks partment

2nd Paper : Accounts (With the aid of books) -. 120 marks

The Syllabus for the Account Paper shall be as follows :—

@) Punjab Civil Services Rules, Volume I, Part 1.

Chapters I to V, VH, VIII (Rules 8-1. to 8-91, 8-113 to 8-140), IX, X01 and XV.

(1) Punjab Civil Services Rules, Vol, I, Part IT. Appendix I, 8*A, 112, 17, 20, 23 and 24,

(1) Punjab Civi! Services Rules, Vol, I Chapters I to VI, IX to XL, XU. and Appendix 2, QV) Punjab Civil Services Rules, Voi, I. Chapters 1 to 3 (including Appendices 'A' to 'S'). (CV) Punjab Financial Hand Book, Part f. Chapters 1, 2,4 to 8, 10, 12, 15, 17 to 19.

(VI) Punjab Financial Rules, Volume 0. Appendiecg 2 to 6, 10 to '12, 14 to 17 and is. Punjab Financial Hand Book I (Treasury Roles, Part 1, Part ID, pters 2, 3 Rule 4:1 to 4-49, 4-92 to 4 109, 4- 113to | 4: "114, 4-119 to 4-140, 4-168 to 4-181 of Chapter WV & Chapter Vi Appendix B & C.

(VIII) Punjab Budget Manual. Chapters 1 to 3, 7, 10 to 15, 18, 21, 25 to 28,

(IX) Introduction to Government Audit & Accounts — Chapters 6, 7, 11, 13, 14, 15, 18, 21, 26 to 28.

KULWANT (SINGH,

Commissioner and Secretary to Government, Haryana, Fisheries Department,

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