Updated: Wednesday December 02, 2009/AlArbia'a
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Agrahayana 11, 1931, at 04:39:42 PM
The District Office Manual (Indian)
PUNJAB
(THIRD EDITION)
1981
PREFACE (THIRD EDITION)
The
second edition of this Manual was brought out in 1942 before the partition of
the country. Many changes in the set-up of district administration have
occurred since then. In order to streamline the functioning of the district
administration, the Government had constituted a High Level Committee consisting
of Sarvshri A.L.Fletcher, ICS; M.S.Randhawa, ICS and E.N.Mangat Rai, ICS. The
committee submitted its Report to the Government in 1953 and suggested the wholesale
re-organisation of District Administration in the State of Punjab. The
Government considered this report, commonly known as ‘Fletcher Committee
Report’, and took steps to reshape the District Administration on the lines
suggested therein.
Consequently, the district
administration was overhauled. Since the second edition of this Manual had become
out-moded because of the re-organisation of the District Administration, it was
of utmost importance to revise the District Office Manual accordingly.
Effort has been made to revise the
chapters of the Manual and bring these up-to-date in accordance with the
existing system and
set-up of the District
Administration. Keeping in view the policy and instructions of the Government
issued from time to time. The views of
the Commissioners and Deputy Commissioners have also been
considered while revising this Manual. This revised edition of the Manual is
largely the handiwork of Shri Arjmand
Lal, Officer on Special Duty,
Revenue Department under the general guidance and supervision of
Shri Naranjan Singh, Joint Secretary (Revenue). Grateful thanks
are due to both these officers for rendering this valuable service.
It is hoped that this edition would
prove useful and serve as a guide to the functionaries in the district, in
running the day-to-day administration. However, suggestions will be welcome for
improvements in this Manual.
K. D. VASUDEVA,
Financial Commissioner, Revenue
Dated Chandigarh, and Secretary to Government, Punjab, the 19th September,
1981,
Revenue Department.
PREFACE (FIRST EDTION)
This manual is issued under the
orders of the Financial Commissioners as Head of the Department for the
establishments of the Commissioners and Deputy Commissioners, and takes the
place of Standing Orders Nos.5, 13,44,46,47,51,62,65and 66,which it supplements
in many particulars.
Except that for convenience the
manual reproduces the Punjab Subordinates Services Punishment and Appeal Rules
and the Classification Rules of the services concerned with a few connected
rules, no attempt has been made to reproduce orders relating to Government
servants generally for which reference must be made to the orders of Government
contained in the Consolidated Circulars of Government.
The scope of this manual is limited to that of regulating the procedure in the offices of Commissioners and Deputy Commissioners and the discipline to be exercised in them, and does not purport to be a manual of District Administration, nor does it deal with Land Revenue and Excise Establishments except to the extent that they are employed in district and tahsil offices.
The Financial Commissioners will be glade to receive suggestions for improvements in this manual.
1st September , 1934.
PREFACE (SECOND EDITION)
Correction slips to the 1st edition have been incorporated in this edition had certain paragraphs of the manual have been amended in the light of instructions issued by Government since the publication of that edition. Chapter 13 of the first edition, containing rules for the supply of copies of records under the control of Deputy Commissioners and Financial Commissioners is being issued in the form of a separate manual.
15th July , 1942
CHAPTER 1
GENERAL
ADMINISTRATION
(INSPECTION OF
COURTS AND OFFICES)
A----Introductory
Responsibility of Deputy Commissioners for efficient working of the offices and courts: -1.1. The Deputy Commissioner, as Collector and Magistrate of the district is responsible for the efficient working of all offices and courts under his charge. To discharge this responsibility, constant and regular inspections are essential. It is not necessary that the whole burden of inspection should fall upon the Deputy Commissioner himself. As will be seen in the Financial Commissioners Standing Order No.14 and 56,Tehsil and Sub- treasuries inspections can be performed on alternate occasions by Assistant Collector. Even he can direct his subordinate officers to conduct inspections of the offices on his behalf. As is laid down in paragraph 8.10 of the Punjab Land Records Manual, the District Kanungo’s Office is inspected twice a year by the Deputy Commissioner or the District Revenue Officer. It is, however, essential that once a year the Deputy Commissioner should inspect every office and court in his District, both in order to ensure the efficient and smooth working of these offices and courts and also in order that he may acquaint himself with every member of the ministerial staff under his control.
Duties of the Divisional Commissioners: -1.2. Though the responsibility for district administration will vest completely in the district officers themselves, the Commissioner will provide the agency for ensuring on behalf of Government, that the day-to-day administration in district offices is carried on efficiently and honesty, that the district officers and their staff follow the rules of conduct and work according to standards expected of them, and that officers exercising revenue and magisterial jurisdiction attend to their work regularly, punctually and properly. Each Commissioner will be responsible for making inspections of the district offices and courts within his jurisdiction. Commissioner when visiting districts in his division should satisfy himself that the Deputy Commissioner has inspected the courts and offices in his charge during the previous year, and should consider and point out special difficulty which may arise from those inspections. The adequacy of such inspections should briefly be noticed by Commissioner at the time of forwarding the annual reports on Land Revenue, Panchayati Raj Institutions and Local Bodies, etc.
Inspections: 1.2-A. Inspections are important mechanism of control over the working of the subordinate offices and officers. The object is to ensure compliance of policy of Government as contained in various instructions issued from time to time. Besides the Inspections give an opportunity to the officer conducting the same to gain first- hand knowledge of the working and problems of the subordinate officers/offices under his control. As a consequence steps can be taken to ensure that shortcomings noticed in any office are immediately removed not only in the office inspected but also in other similar offices. In view of the importance and utility of inspections, the system of periodic inspections at all levels should be enforced strictly. The roster of inspections by the Revenue Officers may be seen at Appendix ‘A’.
Officers to whom copies of inspection notes should be forwarded: 1.3. Two copies of all inspection notes, dealing with matters under the control of Financial Commissioner, Revenue and Commissioner, should be sent to the Commissioner for his information. A copy of the Inspection Note on each sadr or tahsil registration office should be sent to the Inspector-General of Registration. A covering letter should if necessary, be sent calling attention to any points of particular importance contained in the notes. The Inspecting Officer should note the result of these inspections in the minute books which are kept for the purpose in each district office and tahsil.
Inspecting Officers should have the
required number of spare copies of inspection notes prepared by their
stenographers simultaneously with the fair copy prepared for their signature.
B.
B. Matters under
the control of High Court.
Inspection of Magistrate’s courts: 1.4. The inspection by the District Magistrate of subordinate courts is a matter for regulation by High Court, and detailed instructions with regard to the inspections of magistrates’ courts will be found in the Rules and Orders of the High Court, Volume IV, Chapter VI, “Inspection of subordinate courts, civil and criminal”. In pursuance of these instructions the District Magistrate will inspect not only the courts of subordinate magistrates in tehsils and at headquarters, but also the Sub-Divisional Magistrate’s court (if any) and the District Magistrate’s court both with regard to original jurisdiction, and with regard to appeals. It does not fall within the province of the Commissioner to inspect criminal courts from the point of view of the administration of justice; but he should satisfy himself that inspections of courts are being regularly carried out. Also it is directly his duty to observe any accumulation of arrears in magistrates’ courts, and any matters that affect the peace and good Government of district; and he is also interested in matters of financial import, such as the maintenance of proper accounts of expenditure, and proper stamping of documents.
C. -
Matters under the control of the Financial Commissioners.
Tahsil and treasury inspections. 1.5. Tahsil inspections are dealt with in detail in the Punjab Land Records Manual and Financial Commissioners’ Standing Order No. 14.
Inspection of the courts of Collectors and Assistant Collectors - 1.6. The courts of the 1st Grade (District Revenue Officers and Sub-Divisional Officers), require even more careful inspection than the courts of Tahsildars, since the matters dealt with by the 1st Grade are more important than the matters dealt with by the Assistant Collector of the 2nd Grade. Special care should be taken to trace cases which have been unduly delayed.
The court of the Collector, both as regards original jurisdiction, of which there is very little, and as regards appeals should also be regularly inspected by himself as well as by the Commissioner.
District Revenue Accountant’s Office:- 1.7. The District Revenue Accountant’s Office requires special supervision in order that effective control may be exercised over demands and collections. Expenditure of all kinds is subject to audit, but the efficient scrutiny of demands and collections rests with the Deputy Commissioner. Particular attention should be paid to the running register, since every Government demand, which of the fixed rent roll, depends upon the personal supervision of the Collector, who is responsible for the proper assessment of demands and its recovery in full. All demands fixed by the competent authority should be attested by a gazetted officer in the running register, and recoveries should be carefully checked. The nazool register should be carefully checked in order to ensure that Government is receiving as large an income as possible from all Government land, and that all such demands are entered in the running register.
Court of Wards: - 1.8. Deleted.
General Record Room. : 1.9. The general record room should be inspected to ensure that the provisions prescribed have been observed and that quarterly inspections have been made by the officer-in-charge as laid down.
Copying Agency: -1.10. The copying agency should be inspected to ensure that the provisions prescribed are carefully observed, and that the officer placed in charge has exercised due control. The periodical audit by the Local Fund Auditors of the accounts does not relieve the Deputy Commissioner of his responsibility for regular inspection.
Sadr Kanungo’s Office and Revenue Record Room: - 1.11- The Sadr Kanungo’s office and the revenue record room should be inspected once a year by the Deputy Commissioner, the intervening inspections being performed by the District Revenue Officer. Full instructions with regard to this inspection are contained in paragraphs 8.15 and 8.16 of the Land Records Manual.
Treasury and treasury office and sub-treasury: -1.12 - According to the instructions issued by the Government in the Revenue Department, the Commissioner of the Division is expected to carry out inspections of Treasuries/Sub-Treasuries once in a financial year. The Deputy Commissioner is also required to inspect the Treasuries/Sub-Treasuries once a year. In addition he should conduct four surprise visits of each Treasuries/Sub Treasuries, out of which two should be paid while on tour. The S. D. O. (C) should also visit Sub-Treasuries under his charge once a year and conduct two surprise checks.
Excise Office: -1.13. Deleted.
Colony or nazul office: - 1.14. Deleted
Inspection of Work of Tahsildars Naib-Tahsildars, Kanungos and Patwaris: - 1.15 -In the course of their tours, the Deputy Commissioners should make a Special point of inspecting the records kept by Patwaris. A brief inspection of half an hour will lead to improvements in the work of many who wish to avoid having their errors brought to light and will provide material for a judgment on the work of the higher revenue staff. A cross check of the chaukidar’s register of deaths, the patwari’s diary, the khasra girdawari and the jamabandi will usually yield a valuable insight into the working of the revenue system.
Administrative Branch: - 1.16 - The General, Record and Issue branches are under the immediate control of the General Assistant to the Deputy Commissioner who is responsible to carry on the office work in these branches. Proposals from officers incharge of special departments so far as they impinge upon establishment should first be scrutinized by the General Assistant before orders are passed by the Deputy Commissioner. Special attention should be paid to confidential records kept with the Superintendent, the record system, the destructions of old records, the division of work between the various clerks and the library. The Deputy Commissioner should ensure that all the confidential files are present and have been duly entered in the confidential register. The Deputy Commissioner is the authority to order the destructions of any useless record. Attention given to this subject for a few minutes daily will be worth the trouble as confusion begets confusion for years and eventually special measures are necessary towards reconstruction of the entire records. The Deputy Commissioner will possibly find it difficult to check the division of work between clerks and the best way to do it will be by paying occasional surprise visits. The library should be inspected to ensure that the provisions prescribed are being complied with. The Superintendent is responsible for general supervision over the library and should inspect it thoroughly at least once a month and record his note in the inspection book.
Peshi Branch - 1.17 - The Peshi Branch though under the direct charge of the Superintendent (Grade IV) is under the general supervision and control of the Superintendent (Grade II), and an important matter for inspection is the connection kept up between the two offices. The office should be inspected to ensure that all the registers are properly maintained. The despatch register for correspondence should be carefully checked to ensure that papers sent out to tahsils or elsewhere are duly recorded and that if any such papers are lost the responsibility for their loss may be fixed upon some definite person. Despatch registers are important records and should be carefully preserved when no longer in current use.
“Selection of clerks on important seats should be carefully made. This applies to the officials of the courts and those working in the branches dealing with the arms licenses, registration of documents, treasury, refunds and other work involving money transactions.”
Nazarat Accounts: -1.18 - The contingent registers and voucher should be scrutinized as far as possible. Care should be taken to see that undue retention of unclaimed arms and ammunition in the malkhana does not occur. Normally, arms and ammunition for which there are no license purchasers, should be separately and carefully packed and sent without undue delay to the nearest arsenal for destruction in accordance with the rules on the subject. Arms placed in the district Malkhanas should be properly looked after and greased and should under no circumstances be left in the open.
It is extraordinary how easily extravagance can be checked by reviewing contingent vouchers.
Arms licenses and motor car licenses: - 1.19 - Special attention should be paid to the arms registers in order to ensure that suitable references are made to the Superintendent of Police where required, and that all persons, who are known to possess arms but are likely to neglect to renew their licenses, are properly dealt with. In districts where arms licenses are dealt with in the concerned Branches, this matter should receive a preliminary inspection from the Superintendent (Grade IV) but it is advisable, that the Superintendent should himself check the lists with a view to finding out possible defaulters. Prompt action should be taken on the auditors’ note on motor taxes and fees.
Panchayati Raj Institutions and Local Bodies: - 1.20 - The Offices of the Panchayati Raj Institutions and Local Bodies should be inspected once a year, more from the point of view of general administration than from the accounts view-point, which is dealt by the Examiner, Local Fund Accounts when the senior auditor make his annual inspection.
Unnecessary references and
reports: - 1.21 - Deleted.
Inspection of cemeteries:
- 1.22 - Deleted.
D. - Matters under the control of
Inspector-General of Registration.
Sadr Registration Office - 1.23 - The Sadr Registration Office should be carefully inspected with reference to the instructions contained in the Punjab Registration manual.
E-General
Katchery compound: - 1.24 - An inspection round the katchery compound with the Superintendent (Grade II) will bring to notice defect or nuisances in the katchery compound, neglect in the maintenance of buildings or execution of the yearly repairs and white-washing and requirements to ensure the comfort of pleaders and litigants.
APPENDIX A
ROSTER OF INSPECTIONS (RULE 1.2-A)
Statement showing the inspection of revenue work to be carted out by various Revenue Officers
|
Name of Revenue Officers |
Office to be inspected |
Period |
Remarks |
|
1 |
2 |
3 |
4 |
|
2.Deputy Commissioner |
1. All Branches of D.C.Office |
Once in year |
Can depute A.D.C. or other officer at headquarters to do the work; but himself must inspect once in two years |
|
|
2. Offices and courts of S.D.Os (c) |
Ditto |
Ditto |
|
|
3. Tehsil Offices /Sub- Tehsils |
|
Ditto |
|
|
4. Treasuries/Sub-Treasuries |
Twice a year |
|
|
|
5. Inspection of his own court
6. Jails}
7. Hospitals/ Dispensaries}
8. Schools}
9. Blocks
10. Police Station
11. Other offices of Punjab Government, the A.C.Rs.of whose heads of offices he is required to write
12. Surprise visits to such offices
13. Second Class Local Bodies
14. Courts of Executive Magistrates
15. Improvement Trusts
16. To carryout kurguzari partal of the performance of concerned patwaris
|
Once a year
Quarterly
At his
discretion
Once a year
At his discretion
Ditto
Ditto
Once a year
Once a year
At his discretion
Once a year |
Four surprise visits are to be paid to each Treasury/Sub-Treasury, out of which two should be paid while on tour
….
….
….
….
….
….
….
….
….
….
Generally once a year, if D.C. so likes
….
|
|
3. Sub-Divisional Officers (civil)
4.Tehsildars and Naib-Tehsildars
5.Field Kanungos |
1.Tehsil offices under their charge
2.Kanungo offices
3.Patwaris’ work
4.Courts of Assistant Collectors under his charge
5.Blocks in the Sub- Division
6.Local Bodies of Which he is Administrator or in charge
7.His own court
8.Sub- Treasuries under his charge
9.Police Stations
10.To carryout karguzari partal of the performance of at least one kanungo in the tehsil in the presence of patwaris concerned
1.Basta partal of Kanungo under their charge
2.Patwari’s work
1.To pay visit to each patwar circle once a month 2.To check and inspect work of patwaris in details once a year 3.Cent per cent checking of all the revenue work done by a patwari under his charge 4.Cent per cent inspection of girdawari work of patwaris
|
Twice a year
Once a year
At his discretion
Along with Tehsil inspections
Once a year
Once a year
Once every quarter
Once a year
Discretionary, provided authorized by the State Government on the recommendation of the District Magistrate
Once in six months i.e. twice a year
Once a year
All patwaris under his charge once a year ….
….
….
…. |
After close of each harvest
While in camp
During the period of three years all patwaris under his charge
….
….
….
….
….
….
….
While making basta partal of Kanungos work of two patwaris is also to be checked
To pay visit to all the patwaris circles once in three months
….
….
….
….
|
CHAPTER 2
ORGANIZATION OF COMMISIONERS’ AND DEPUTY COMMISSIONERS’
OFFICES
Office of Divisional Commissioner: - 2.1. The office of the Commissioner is practically a compact unit. The Superintendent Grade-I being the over all incharge of office (subject to the control of the Commissioner) is assisted by two or three Superintendents (Grade-III) on the General, Accounts and Revenue and Judicial sides, as the case may be.
Branches of Commissioner’s Office: - 2.2. The work is distributed amongst the branches in the following manner, subject to variations as the Commissioner may, in his best judgment deems fit: -
(1) (1) General Branch. –deals with cases of general nature particularly pertaining to law and order, Arms Act, collection and disbursement of funds, natural calamities, encamping grounds, political sufferers, nazool cases, recovery of land revenue, budget and development cases, etc.
(2) (2) Accounts Branch. –deals with establishment, nazarat, library, mutations, agrarian reforms, Re-organization of Districts, creation of Tehsils and Sub-Tehsils, etc.
(3) (3) Revenue and Judicial Branch. –deals with peshi work, control on vernacular record and copying agency, inspection work of subordinate offices/courts, touring of revenue officers, land administration report, etc.
Staff of Commissioners’ Office: - 2.3 - The staff employed in these branches varies according to the requirements of each office. Ordinarily a Superintendent Grade-III is placed incharge of each branch with two or three Assistants and other clerks. Some of the work of Superintendents Grade-III is passed on to the Commissioner direct whereas in other cases their work is routed through the Superintendent Grade-I. The position varies in each Division keeping the view in the workload, staff and the administrative convenience.
2.4. 2.4. The Superintendent (Grade-I) has full authority over the entire office staff subject to the control of the Commissioner. Besides, attending to the other office work, he deals particularly with the confidential and secret work, policy cases, complaints against Deputy Commissioners and annual confidential reports of I.A.S./P.C.S. officers working under the Commissioner.
2.4-A The designation of the officials who handle the work in various branches of the office of Commissioner along with their pay scales as on 1st January 1978 is given hereunder-
|
Designation of post |
Scale of pay |
Rs. |
|
1. Superintendent, Grade-I |
825-1,580. |
|
|
2.Superintendent, Grade-III |
750-1,300. |
|
|
3.Personal Assistant |
700-1,200. |
|
|
4.Assistant |
570-1,080. |
|
|
5.Senior Scale Stenographer |
570-1,080, Plus Rs.40 S.P. per month |
|
|
6.Steno-typist |
400-600, Plus Rs.25 Special Pay |
|
|
7.Clerk |
400-600. 510-800, S.G.50:50. |
|
|
8.Driver |
400-600 |
510-800, S.G. |
|
9.Daftri |
330-430, Plus special pay Rs.20. |
|
|
10.Restorer |
400-600. |
|
|
11.Record lifter |
300-430, Plus Special pay Rs.20. |
|
|
12.Jamadar |
300-430, Plus Special pay Rs.20. |
|
|
13.Peon/Cleaner/Class-IV |
300-430. |
|
DEPUTY COMMISSIONERS’ OFFICES
Preliminary
2.5. 2.5. The General Assistant to the Deputy Commissioner is incharge of and responsible to the Deputy Commissioner for the whole office. The Superintendent, Deputy Commissioner’s Office assists him in the day to-day administration.
Branches
2.6. 2.6. Branches of Deputy Commissioners’ Office,---The Deputy Commissioner’s Office is broadly divided into the following branches:-
(1) (1) Peshi Branch
(2) (2) Judicial Record Branch
(3) (3) Copying Branch
(4) (4) Revenue Accounts Branch
(5) (5) Sadr Kanungos Branch (Revenue Records Branch)
(6) (6) Registration Branch.
(7) (7) Licensing and Passport Branch.
(8) (8) Establishment Branch
(9) (9) Nazarat Branch.
(10) (10) Local Fund Branch.
(11) (11) Development Branch.
(12) (12) Miscellaneous Branch.
(13) (13) Record and Issue Branch.
(14) (14) Complaint and Inquiries Branch.
(15) (15) Election Branch
Apart from the above, the branches mentioned below are either functioning independently or are part of the main Branches as detailed bellow:--
(1) (1) Housing Branch
(2) (2) Ligh/Migh Branch
(3) (3) Dharamarth Branch
(4) (4) Nazool Branch
(5) (5) Rehabilitation Branch
(6) (6) Flood Relief Branch
(7) (7) Small Savings Branch
(8) (8) Civil Defence Branch
(9) (9) District Transport Branch
(10) (10) Land Reforms/Agrarian Branch
(11) (11) Family Planning Branch
(12) (12) Land Acquisition Branch
(13) (13) Establishment of Mandis Branch
Supervision
of Branches
2.7. 2.7. The following officers assist the Deputy Commissioner for Carrying out day-to-day work in the district in various fields. The distribution of work amongst the following officers is left to the discretion of the Deputy Commissioner: --
(1) Additional Deputy Commissioner.
(2) General Assistant.
(3) District Officer Removal of Grievances.
(4) (4) Executive Magistrate.
(5) (5) District Revenue Officer
(6) (6) District Transport Officer.
(7) District Development and Panchayat Officer.
(8) Civil Defence Officer.
(9) Urban Ceiling Officer.
Distribution
of subjects to be dealt within the various branches
2.8. 2.8. (I) Peshi branch. —The following items of work are dealt with in this Branch:-
(1) (1) Transfer applications
(2) (2) Revenue Judicial Appeals and Revisions
(3) (3) Revenue Executive Appeals and Revisions.
(4) (4) Lambardari cases.
(5) (5) Cases under the Rehabilitation Laws.
(6) (6) Criminal complaints against Police, etc.
(7) (7) Processes received from Civil Courts.
(8) (8) Other processes received for service.
(9) (9) Miscellaneous applications relating to Court cases.
(10) Other Miscellaneous applications.
(11) Appeals against acquittals.
(12) Notices under section 80 C.P.C.
(II) Judicial Branch. —The entire record of judicial cases received from the Revenue Courts indicating the files received, files issued, files received back, files destroyed, is maintained in this branch.
(III) Copying Branch. - This branch deals with supply of copies of record to the litigants and other public.
(IV) Revenue Accounts Branch. - This branches deals with the following cases: -
(1) (1) Land Acquisition cases.
(2) (2) Requisition and derequisition cases.
(3) (3) Receipt and issuance of certificates of recovery.
(4) (4) Taccavi cases
(5) (5) Cases of lease of land.
(6) (6) Periodical Statements.
(7) (7) Suspension and Remission cases and cases under the Punjab Minor Minerals Rules.
(8) (8) Maintenance of accounts of Land Revenue, Abiana and Local Rate etc.
(9) (9) Cases relating to payment of Gratuitous relief on account of national/natural calamities.
(V) Sadr Kanungos Branch (Revenue Records Branch)-In this Branch, the following items of work are dealt with: -
(1) (1) Jagir and Muafi Cases.
(2) (2) War Jagir cases.
(3) (3) Files regarding punishment, leave etc.
(4) (4) Files regarding transfers.
(5) (5) T.A. Bills of Patwaris and Kanungos.
(6) (6) Preparation of produce estimates.
(7) (7) Increment cases of establishment.
(8) (8) Periodical Statements.
(9) (9) Preparation of Pay Bills.
(10) (10) Arrear pay bills of Patwaris and Kanungos.
(11) (11) Recoupment of contingent bills.
(12) (12) Entries in Service Books.
(13) (13) Completion of Lal Kitabs and Abstract Note Books.
(14) (14) Issue of Records.
(VI) Registration Branch. –In this Branch are dealt with the following items of work: -
(1) (1) Registration of documents.
(2) (2) Deposits of Wills.
(3) (3) Supply of copies.
(4) (4) Inspections.
(5) (5) Impounding of documents.
(6) (6) Refund of stamps.
(VII) Licensing and Passport Branch. –Deals with the issuance of licenses for arms, petroleum and explosive, issuance of passports for Indo-Pak and International travelling.
(VIII) Establishment Branch-This branch deals with the pay, T.A, pension, appointment, posting, transfer, retirement and dismissal of all establishment. Preparation of Annual Financial Statements, Excesses and Surrenders, maintenance of G.P. Fund accounts etc, are also dealt with in this branch.
(IX) Nazarat Branch-Deals with the maintenance of cash and contingent accounts of the districts, stores, and stocks, custody and distribution of forms, encampment ground cases, supply contractors cases, kutchery compound cases, disbursement of pay of staff and custody and repayment of miscellaneous deposits.
(X) Local Fund Branch,-- In this branch the work relating to Local Bodies, viz, Municipal Committees, Notified Area Committees, Small Town Committees, in the district in accordance with the Punjab Municipal Act, 1911, keeping up the calendar of elections, preparations of annual returns and reports, submission of proposals and constitutional work etc. is being done.
(XI) Development Branch-This branch deals with the implementation of developmental schemes framed by the government from time to time, community projects, national extension service schemes, work under the Utilization of Waste Land Act, Five-Year Plan and Village Common Lands Act (Shamlat Lands).
(XII) Miscellaneous Branch –The following work is allocated to this branch:-
(1) (1) Requisitioning and de-requisitioning of houses.
(2) (2) Major and Minor Works.
(3) (3) Visits of V.I .P. s and reservation of Rest Houses for them.
(4) (4) Praman and Prashansa Patras.
(5) (5) Cases under the Press Act and Newspapers.
(6) (6) Cinema Licenses etc.
(7) (7) Training, Examinations and powers of officers,
(8) (8) Verification of the character of employees.
(9) (9) Appointment of Non-official visitors to Jail.
(10) (10) Issuance of Certificates to members of Scheduled Castes.
(11) (11) Grant of domicile Certificates.
(12) (12) Cases of Political Sufferers.
(13) (13) Coordination of work relating to more than one branch.
(14) (14) Cases under registration of Marriage Act.
Besides
the above, any other miscellaneous work keeping in view the requirements of the
district is being done in this branch.
(XIII) Record and Issue Branch-The receipt work is centralized in the Record and Issue Branch. On receipt of the daily dak, it is distributed amongst the branches concerned who in turn have their own receipt registers wherein they enter the daily dak. There is no centralized agency for dispatch work. It is done by each branch itself and dispatch registers for that purpose are maintained.
The type work of all branches is centralized in the Record and Issue Branch from where the work duly typed is sent to the concerned branches. The work regarding the maintenance of library and distribution of stationery is also being done by this Branch.
(XIV) Complaints and Inquiries Branch-This branch deals with the complaints received from the public in respect of their grievances in any walk of life for which a Special Officer has been appointed in each district. He not only assists the Deputy Commissioner in the removal of public grievances but also holds inquiries against public men/officials wherever these are called for.
As already stated, there are other
branches in the offices of the Deputy Commissioners which have been created by
them for running the district administration in a more convenient manner. Their
detail need not be given here because those branches are created to shed the
workload of other branches and make the disposal of cases easy. The existence
of these branches vary from district to district.
2.8-A. Peshi Branch of Additional Deputy Commissioner-This Branch deals with the following subjects:-
(1) (1) Revenue Judicial Appeals.
(2) (2) Revenue Executive Appeals.
(3) (3) Process Received from Civil Courts.
(4) (4) Other Processes received for Service.
(5) (5) Cases of Parole under the Good Conduct Prisoners (Temporary Release) Act.
(6) (6) Notices under Section 80 C.P.C.
(7) (7) Impounding of Documents.
(8) (8) Appeals under sections 72 and 73 of the registration Act.
2.9.
2.9.
Distribution of staff in various branches-No hard and fast rule for
distribution of staff amongst various branches can be laid down. The staff is
provided in each branch according to the workload involved therein. The details
of the officials who handle the work in various branches of the office of
Deputy Commissioner along with their pay scales as on 1st January, 1978 is given as follows:-
|
SN |
Designation of Post |
Scale of Pay |
|
1. 1. |
Superintendent, Grade-II |
800-1,400 |
|
2. 2. |
Superintendent, Grade-IV |
620-1,200 |
|
3. 3. |
Assistant |
570-1,080 |
|
4. 4. |
District Revenue Assistant |
570-1,080 |
|
5. 5. |
Sadar Kanungo |
570-1,080 |
|
6. 6. |
Naib Sadar Kanungo/ Office Kanungo/Peshi Kanungo |
480-880 |
|
7. 7. |
Field Kanungo |
480-880 |
|
8. 8. |
Patwari |
400-600 450-800 S.G. 20 percent |
|
9. 9. |
Clerk |
400-600 S.G.510-800 50:50 |
|
10. 10. |
Tehsil Revenue Accountant |
480-880 |
|
11. 11. |
Steno-typist |
400-600 + Special Pay Rs.25/- |
|
12. 12. |
Supervisor Horticulture |
400-600 |
|
13. 13. |
Driver |
400-600 S.G. 510-800 |
|
14. 14. |
Stenographer |
570-1,080 |
|
15. 15. |
Daftri/Usher/Jamadar/Mali etc |
300-430, plus special payRs.20/- |
|
16. 16. |
Class IV including Pujari, Mufti and Granthi, etc. |
300-430 |
|
17. 17. |
Surveyor |
570-1,080 |
|
18. 18. |
Building |
[Rs. 570-1,080 for those possessing diploma in Engineering and Rs. 570-1,000 for non-diploma holders] |
2.10 2.10 Superintendence of office - The superintendence of Deputy Commissioners’ offices, including tahsil and sub-divisional office establishment, devolves on the General Assistant to D. C., who is responsible for the discipline of the clerical and menial staff employed in all branches of the office. He also deals with posting of the staff. The officer-in-charge of the branch concerned should keep the General Assistant to D. C. informed about the work and the character of the above staff employed under them, and the latter in collaboration with officer-in-charge will deal with all matters regarding their appointment, transfer and promotion. All orders in these establishment cases will be taken by the General Assistant to D.C.
The above orders do not apply
to kanungos cases, which will be dealt by the officer-in-charge.
2.112.11 Opening of dak addressed to Deputy Commissioner - It is desirable that the Deputy Commissioner when at headquarters should open the dak addressed to him by post, but when it is not feasible for him to do so the covers addressed should be opened by the Superintendent. In no case should the opening of postal dak be left to the Assistant or other junior clerks in the office. The General Assistant to D.C should the local dak daily before registration.
2.12 Confidential Work - The confidential work of the office will
be done by the Superintendent personally, or if he is not available, by the
stenographer or any other member of the office appointed by the Deputy
Commissioner.
The confidential records of the district, other than those with the Deputy Commissioner himself , will remain in the personal custody of the Superintendent who should allow no one to have access to the confidential almirah in his charge.
When
a confidential letter is to be issued the Superintendent, unless
directed by the Deputy Commissioner to copy it himself, will have it typed and
dispatched by a responsible clerk. The Superintendent must in every case
examine the work himself. Only the work to be typed (i.e., without the main
file) should be given to the typist, and if it is not finished by the time the
office closes it should be taken back and locked for the night. Care should be
exercised in the selection of the typist to whom confidential work is
entrusted, and the typing should if possible be done in the Superintendent’s
room and under his supervision. If the stenographer is available, his services
should be utilized in typing confidential papers. The name of the typist should
invariably be noted on the manuscript or on the typed copy of the draft if the
manuscript is to be destroyed.
2.132.13 Official Information to be treated Confidential: - Official information acquired by Assistants and others in their capacity as employees of the district or the divisional office must be considered and treated as strictly confidential. No Assistant may make use of any unpublished record or letter or office note for communication to the public press or to unauthorized person, whether officials or not, without special permission. A breach of this rule is an offence punishable with two years’ imprisonment or a fine or both under section 5 of the Indian Official Secrets Act, 1923. The provisions of this Act should be brought to the notice of all concerned on first appointment.
2.142.14Office note to be treated as confidential:- Office note must be treated as strictly confidential documents and must not be removed from the office or copied or be used by any of the staff outside the office on any pretext whatever, nor should office notes be sent out of the office without the orders of the Superintendent save as provided in the rules for un-official reference.
Officials must not take office files to their houses except with the express permission of the Superintendent or the Officer-in-charge. The practice should be discouraged as far as possible.
2.152.15Caution in talking on confidential matters:- The attention of all members of the office should be drawn to the obligation to refrain from talking in ordinary society on all matters which can be termed confidential, and particularly on confidential matters of a political nature.
2.16 Admission of outsiders to the office. The general public should not be admitted to the rooms in which clerks are working. The Deputy Commissioner will endeavour to secure the best possible arrangement by which the legitimate requirements of the public may be secured for access to the officials with whom they may have to do business. No assistant or clerk in the office is, any circumstances, to give any information on any subject to any outsiders. The practice of allowing visitors, friends or relatives to see the officials on private business during the office hours should be prohibited as it tends to waste the time of the official. Suitable notice board should be put up against nuisances.
2.17 Applications for officials Information:-Superintendent should discourage the practice of government servants outside the office writing privately to them or their subordinates for information on official matters, and should, if necessary, brings such requests to their superiors notice.
This is not intended to prevent clerks calling from other offices on official business. The information to be given to them is, however, to be purely official. For instance, a clerk from one office is not entitled to receive information about a case in another office in which he or his officer may be personally interested.
2.18 2.18 Recommendations for appointments and rewards not to be divulged:- Recommendations for appointments, promotions, increases of pay and the like, when made, should not be mentioned to the parties interested. Officers should therefore be careful not merely to abstain from communicating but also to guard against the disclosure of information cases of kind, which must always be treated as confidential in public correspondence.
2.19 2.19 Punctual attendance:- The Superintendent shall see that all officials employed in various branches of the office attend punctuality and start their work at the appointed time. The attendance registered should be kept up properly and must in all cases reach the Superintendent after five minutes of the time of opening the office or court. A list of late comers should be maintained and submitted to the Deputy Commissioner monthly for disciplinary action.
The Superintendent will also see that every individual is made by the staff to cope with the daily allotment of work within the office hours, and no one ought to be allowed to remain in office for more that one hour after the close of the office, except with the special permission of the officer-in-charge of the branch concerned.
2.20 2.20 Rules to ensured safety of records, etc., in court- houses:- The following rules recommended by the Inspector-General of Police for ensuring the safety of records in court- houses and maintaining the responsibility have been approved by Government and prescribed for observance:-
Deputy Commissioner responsible that building is secured - (i) It is the duty of the Deputy Commissioner to see that the court-house is properly fitted with bolts and locks, and that they are in working order so that in the evening when the business of the day is over the whole building can be securely closed.
Note.---doors partly glazed cannot be securely fastened by the bolts ,as it is easy to break the glass and unbolt the doors. A bar should be pinned to the door post one side so as to be raised across the door when closed and padlocked on the other side.
Responsibility for closing court-house to be vested in a nominated official. (ii) The responsibility for securely closing the court-house should be vested in some official specially appointed by the Deputy Commissioner whose duty shall be , each day to see that , all the doors and windows are securely fastened and the entrance door locked from the outside.
Such officials to open the court-house and see that all is right - (iii) The court-house should be opened by the afore-mentioned official only, whose duty it shall be on opening the door to go round at once and see that all is right.
Correspondence between Deputy Commissioner and the subordinates---subordinate
officers in the same station—personal inter-communication should be adopted
instead of correspondence.
Correspondence between Deputy Commissioner and his subordinates. 2.21 - Correspondence of a formal official character between the Deputy Commissioner and any of his subordinates at headquarters is absolutely prohibited. If a subordinate officer requires an order on a particular case he should submit the file to the Deputy Commissioner, who should record his order thereon and return it. If the officer requires orders on any general or miscellaneous question not forming the subject of an official record, he should take the Deputy Commissioner’s oral orders, or if the subject is of sufficient importance, he should submit a memorandum on which the Deputy Commissioner should record his orders. When the Deputy Commissioner wishes to send an order to any subordinate at headquarters he should write the order on the file.
2.22 Subordinate officers at the same station are forbidden to correspond with each other formally. If one wants information from another , or has business to transact with him, he can settle the matter by personal interview or, if writing cannot be avoided by memorandum.
2.23 Correspondence should be reduced as much as
possible having due regard to efficiency. Much time of both officers and clerks
is wasted by unnecessary correspondence, which could be avoided by little care
and attention.
2.24 (1) It is believed that time is wasted and delay caused in the disposal of business between officers of different departments resending in the same station by excessive growth of the habit of writing letters and reminders instead of arranging personal interview with a view to the discussion and settlement of questions directly.
(2) The practice of freer and less
formal personal inter-communication between officers should be generally
adopted especially in the case of questions still in stage of discussion, and
in all minor matters which merely depend upon agreement of opinion on the part
of officers concerned, as by means of such personal interchange of opinions a
satisfactory agreement on the points at issue will in most cases be more quickly
arrived at and a final settlement accelerated.
2.25 2.25 An officer who is invited by a superior authority to submit an expression of his opinion on any subject should exercise discretion in consulting his subordinate officers, and reports should not be called for except from those officers whose advice is likely to of real value.
Contact between the District Officers and Deputy Commissioner 2.26 All the District Officers, such as, District Agricultural Officer, the District Animal Husbandry Officer, etc., should call on the Deputy Commissioner concerned, occasionally and keep in touch with their tour programme and activities so that their services may be available in times of emergencies. (Punjab Government letter No 5505-PI(S)-57/82934, dated the 18th September, 1957.)
CHAPTER
3
GENERAL
ORDERS
Rules relating to the Subordinate Services under the control
of Financial Commissioners.
3.1 3.1 Scope of Rules:- The following rules apply to the services under the overall control of the Financial Commissioner, Revenue, Punjab, and may be consulted at Annexure ‘A’:-
(a) (a) The Punjab Commissioners’ Offices (State Service Class II) Rules, 1976.
(b) (b) The Punjab Commissioners’ Offices (Class III) Service Rules, 1976
(c) (c) The Punjab District Offices (Class III) Service Rules, 1976.
(d) (d) The Punjab Land Records (State Service Class III) Rules, 1976.
(e) (e) The Punjab Kanungo (State Service Class III) Rules, 1976.
(f) (f) The Punjab Revenue Patwaris (Class III) Service Rules, 1966.
The Rules relating to the service matters of Tehsildars and Naib-Tehsildars will be found in the Punjab Tehsildars ( Class II) Service Rules, 1984 and the Punjab Naib-Tehsildars ( Class III) Service Rules, 1984 and Regulations made thereunder, respectively.
All these services are governed by the Punjab Civil Services Rules relating to the general service conditions of the employees, T.A and D.A., Pension, Gratuity etc., Punishment and Appeal Rules, Premature Retirement Rules, etc. The said rules are available in Punjab Civil Services Rules, Volumes I to III and should be consulted.
3.2 3.2 Order of dismissal, removal or reduction in rank :- Special attention is drawn to the Punjab Civil Services (Punishment and Appeal) Rules, 1970 wherein the procedure required to followed before an order of dismissal, removal or reduction passed against a member of the service, is laid down. These are appended to this Chapter at Annexure ‘B’.
3.3-----3.4 Deleted.
3.5
3.5
Recruitment to be made through S.S.S. Board.:- The demand for recruitment in the
District Offices should be referred to the Punjab Subordinate Services
Selection Board by the Deputy Commissioners.
3.6----3.8 Deleted
3.9 3.9 Applications not to be made to Financial Commissioners Direct:- Members of the service as well as candidates for Government Service must not make direct applications to the Financial Commissioner, Revenue, whether personally or in writing, as to appointments, promotions, punishments, leave or other like matters. In all such cases correspondence must pass through regular channel.
3.10 3.10 Control over immovable property held or acquired by Government Servants:- (1) Every Government servant or candidate for Government service must make to the Government, through the usual channel, a declaration of an immovable property which may from time to time be held or acquired by him or by his wife or by any member of his family living with, or in any way dependent upon him.
(2) (2) The following policy has been formulated by the Government for submission of returns of assets and liabilities by Government employees under the Punjab Government Employees (Conduct) Rules, 1966:--
A. A. (i) Every government employee shall on his first appointment to any service or post submit a return of his assets and liabilities in such form as may be prescribed by the Government giving full particulars regarding,---
(a) (a) the immovable property inherited by him or owned/acquired by him or held by him on lease or mortgage either in his own name or in the name of any other person;
(b) (b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c) (c) other movable property inherited by him or similarly owned, acquired or held by him;
(d) (d) debts and other liabilities incurred by him directly or indirectly.
(ii) (ii) where a Government employee already belonging to a service or holding a post is appointed to any other civil service or post, he shall not be required to submit a fresh return under clause (i) of sub-rule (I) of rule 18 of Punjab Government Employees (Conduct) Rules, 1966.
(iii) (iii) Every Government employee belonging to any service or holding any post in Class I or Class II shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.
It may be seen that the submission of annual returns in respect of movable property by all the employees belonging to any Class of services has been dispensed with. As regards the submission of returns in respect of immovable property, an annual return is required in the case or Government employees belonging to Class I and Class II services only, and no such return is required in the case of Class III and Class IV employees. A fresh property return is also not required to be submitted by a government employee who is appointed to any other post or class of service. Government, however, has the power under sub-rule (4) of rule18 of the Punjab Government Employees (Conduct) Rules, 1966 to require a Government employee at any time to furnish a full and complete statement of such movable or immovable property held or acquired by him on his behalf or by any member of his family etc.
(Punjab Government letter No 13/7/78- 2PP/35251,dated 6th November, 1978.)
B Forms I—V have been prescribed for the said purpose. Form I is to be filled and furnished to prescribed authority annually by the Government employees belonging to class I and class II services, whereas the Forms ( numbered I-V) are to be furnished by all Government employees belonging to any class of service at the time of first appointment. (see Annexure C)
3.11 Character roll maintenance - The following are the rules as to the maintenance of character books for members of the service:-
(i) (i) A character roll will be maintained for every member of the service in the prescribed form and will be kept by the officer under whom he is employed; for example, those of the district establishment by the Deputy Commissioner and of the Commissioners’ establishment by the Commissioner. They will be kept under lock and key under the charge of Superintendent of the office who is personally responsible for them.
(ii)
(ii)
For writing the character roll of the member of the service, detailed
instructions have been issued by the Chief Secretary to Government, Punjab,---vide
his letter No. 2334-ASI-60/15708, dated 3rd May, 1960, followed by
modifications made from time to time
which should be strictly followed. The said instructions deal with subjects
under the following sub-heads:-
(1) (1) The need for regular and punctual recording of reports in personal file.
(2)
(2)
What the report should contain.
(3)
(3)
Report regarding integrity.
(4)
(4)
Minimum period for which a Reporting Officer should have seen the work of
its subordinate before recording remarks on him.
(5)
(5)
Recording of remarks on the occasion of relinquishment of charge by
Reporting Authority.
(6)
(6)
Issue of letters of appreciation.
(7)
(7)
Communication of adverse remarks.
(8)
(8)
Representations against adverse remarks.
(9)
(9)
Time limit for filing representations against the adverse remarks and the
authorities to whom the representations are to be addressed.
(10)
(10)
Nature of documents/communications which need and need not be placed on
personal files.
(11)
(11)
Procedure to be followed where a Reporting Authority is related to the
officer to be reported on.
(12)
(12)
Soliciting of remarks to be discouraged.
(13)
(13)
Custody of personal files and Authorities competent to convey adverse
remarks in Confidential Reports.
(14)
(14)
Index to personal files.
(15)
(15)
Summary of personal files.
3.12 Deleted.
3.13 Service books and leave accounts -
(i) The rules relating to service books
and service rolls are contained in Chapter XII of the Civil Services Rules
(Punjab), Volume I, Part I. On the admission of a person into the Government
service the greatest care should be taken to have the date of his birth
correctly recorded in his service book, and the office who attests the entries
in the book should note that he has satisfied himself, as far as possible of
the correctness of this particular entry. The Establishment Assistant under the
supervision of the Superintendent, is personally responsible for the
maintenance of Service Books and leave accounts of the entire staff including
temporary or officiating men excluding those class IV Government servants who
are serving in the Sub-Divisions. The Assistant-in-charge in the office of the
Sub-Divisional Officer is responsible for
the maintenance of service books
and leave accounts of class IV Government servants employed in the
Sub-Division. All service books should be kept under lock and key of the
Assistant concerned. The service book of the Establishment Assistant will be
kept in the custody of the Superintendent. Once a month after pay is disbursed,
the Assistant concerned should examine the service books and leave accounts of
all officials who have returned from leave during that month and bring them up
to date. For any overpayment on account of leave allowed when not due, the
Establishment Assistant and the Superintendent at headquarters and the
Assistant incharge in the Sub-Divisional Office will be held personally
responsible, if the amount paid in excess is irrecoverable.
(ii) All the service books should be entered in a register which should be maintained by the Assistant concerned which should be maintained by the Assistant concerned and submitted to the Sub-Divisional Officer/Superintendent on the 10th of each month. The Sub-Divisional Officer/Superintendent will be personally responsible for ensuring proper maintenance of service books. For the period after which service books should be destroyed (see Chapter 9 of this Manual).
3.14 Alteration in the recorded date of birth. :- The orders of Government as regards alterations in the recorded date of birth of Government servants are contained in Rule 7.3 of the Punjab Financial Rules, Volume I and can be read with benefit, as follows:-
Every person newly appointed to a service or a post under Government should at the time of appointment declare the date of his birth by the Christian era with confirmatory documentary evidence as far as possible, such as Matriculation Certificate, Municipal birth certificate and so on. If the exact date is not known an approximate date may be given. The actual date or the assumed date determined under Note I below should be recorded in the History of Service. Service Book, or any other record that may be kept in respect of the Government servant’s service under Government and once recorded, it cannot be altered except in the case of a clerical error, without the previous orders of Government.
Note 1- (a) If a Government servant is unable to state his exact date of birth but can state the year ,or year and month of birth, 1st July or the 16th of the month respectively, may be treated as the date of his birth.
(b) (b) If a Government servant is only able to state his approximate age, his date of birth may be assumed to be the corresponding date after deducting the No. of years representing his age from his date of appointment.
(c) (c) When a government servant who first entered military employ, is subsequently employed in a Civil Department the date of birth for civil employment should be the date stated by him at the time of attestation or if at the time of attestation he stated only his age, the date of birth should be deducted with reference to that age according to the method indicated in sub-para (b) above.
(d) (d) In case some change in the date of birth of an employee is proposed to be made on the basis of some evidence before the competent authority, a reasonable opportunity should be afforded to that employee to explain his position before the change is effected. A notice on the basis of principles of natural justice is required when it is proposed to deprive a Government servant of some vested rights. [Letter No. 8180-Services-2-4 (1)-68-31114, dated 9th October, 1968 of Chief Secretary to Government Punjab].
3.15. Channel of submission of applications for revision.:-Applications for the revision of all district and divisional establishments should be submitted to Government through the Financial Commissioner.
3.16
3.16
Transfer of Government officials to foreign service.:- The rules regarding
the transfer of Government officials to foreign service will be found in
Chapter X of the Civil Services Rules (Punjab), Volume I.
3.17 3.17 Leave extending date of retirement not to be granted:- As all leave due lapses on the date of compulsory retirement it follows that leave to a ministerial servant cannot be granted if it will extend beyond the date on which he may be required to retire [other than leave covered by rule 8.21 (a) of the Civil Service Rules (Punjab), Volume I, Part I]. In view of this if a ministerial servant desires to take long leave due to him and to run no risk of his leave lapsing he should take it before the age of 58 and not after.
3.18 (I) No leave, therefore, should be granted to any ministerial servant that will extend beyond the date of his attaining the age of 58, without the sanction of Government, unless permission has been granted by competent authority for him to remain in service for a further year or shorter period, in which case leave should not be granted that will extend beyond that period.
(2) (2) Whenever it is proposed to permit ministerial servant to remain in service for a further period the recommending authority should report what leave the ministerial servant proposes to take during the period. Recommendations for permitting a ministerial servant to remain in service for a further period must not be made with a view to granting him leave, but should it be necessary for the ministerial servant to take leave during such period not more than 6 months should be granted, at the end of which he will be required to retire, unless special permission is granted for his retention in service.
3.19 Competence to refuse leave :- A head of department is not competent to refuse leave when, as a result, a Government servant will be entitled to apply under rule 8.21 of the Civil Services Rules (Punjab), Volume I, Part I for leave after the date of compulsory retirement.
3.20 3.20 Date of retirement:- The date of retirement of Government employee other than a Class IV Employee is the date on which he attains the age of 58 years. Normally he must not be retained in service after attaining the age of superannuation, but in exceptional circumstances he can be allowed to continue in service with the sanction of the competent authority in public interest which must be recorded writing. For premature retirement, the Punjab Civil Services (Premature Retirement Rules, 1975), may consulted (See Annexure ‘D’)
The date of retirement of a government employee is the last date of the month in which he attains the age of 58 years or 1st of the month if he happens to have been born on the first of that month.
3.21 Test of efficiency for retention in service - In order to test the efficiency of a government servant for retention in service beyond 55 years, the Government has considered to screen his record of service so as to reach the conclusion as to whether he should be allowed to continue up to 58 years or be retired on attaining the age of 55 years. The following instructions have been issued by the Government for meticulous compliance in respect of an official attaining the age of 55 years:--
(i) Six months before a Government employee attains the age of 55 years, his record should be carefully examined by the appointing authority, and a provisional judgment formed as to whether he should be retired on attaining the age of 55 years. This decision should be made well in advance so the in the event of retirement being finally decided upon, a notice could be given to the Government employee concerned, at least 3 months before the date on which he is to attain the age of 55 years and his retirement, given effect to at that age.
(ii) When the appointing authority has reasonable cause to believe that a Government employee is lacking in integrity, it would be appropriate to consider him for premature retirement, irrespective of an assessment of ability or efficiency in work.
(iii) In a case in which a Government employee’s integrity is in doubt but his physical or mental condition is such as to make him inefficient for further service, it would be appropriate to consider him for premature retirement.
(iv) A Government employee who has been assessed as “average” should not be retired at the age of 55 years. The test whether a Government employee should be allowed to continue up to the age of 58 years should not, for obvious reasons, be as rigorous as the one applied in consideration when extension in service is allowed beyond the age of superannuation otherwise the power to grant extension would have been sufficient and there would have been no need to raise the age of retirement itself. In considering whether an officer/official falls below the average standard, the question may sometime arise as to whether he should be judged with the reference to the requirement of his substantive grade or those of the grade in which he has been officiating. It is not unusual, for instance, for a Government employee who has earned good reports in his substantive grade, to prove inadequate in his officiating grade. Ordinarily his fitness to continue in service up to the age of 58 years may be judged in relation to his substantive grade, and if he is good enough for that grade, but not for the higher grade in which he has been officiating, he may be reverted to his substantive grade but retained in service. There may be difficulties when a Government employee has been officiating in a higher grade for a long time and it appears unlikely that he would put his heart into his work after reversion. This, however, is a question on which no hard and fast rules can be laid down and each case will have to be considered on its own merits.
(v) Once
it is decided to retain Government employee beyond the age of 55 years he
should be allowed to continue up to the age of 58 without any fresh review
unless this is justified by any exceptional reasons, such as his subsequent
work or conduct or the state of his physical health, which may make earlier
retirement clearly desirable. It is felt
that in order that a Government employee who is cleared for continuance at a
stage of attaining the age of 55 years may settle down to another three years of
work with a sense of security and those working under him accept his control
and discipline without any reservation on annual review between the age of 55
years and 58 years would not be desirable. (Letter No. 4776-3GS(1)-64/15823,
dated19th/21st May, 1964, from the Chief Secretary to Government,
Punjab)
3.22 Deleted
3.23. 3.23. Options of heads of department - In accordance with the instructions of the Government the A.D. in consultation with Services Department in case of Class I employee; the Administrative Department only in case of class II employee and the appointing authority in case of class III and IV employees are competent to sanction re-employment to an official after his attaining the age of superannuation. The Commissioners, D.C.s, Director of Land Records, etc., should submit for the orders the Government, the cases of the employees covered in the above-said delegation to whom they want to give an extension in service beyond the age of 58 years. Before doing so they should ensure the following conditions laid down in para III of letters No. 727-SII-(4)-67/4841, dated the 17th February, 1967 of the Chief Secretary to Government, Punjab:--
(i) (i) No employee shall be offered re-employment beyond the date of his superannuation except when it is clearly on overriding grounds of public interest and where it is evident that other employees in service are not ripe enough to take up the appointment. However exceptional the caliber of the retiring employee may be and however meritorious his services, these by themselves shall not constitute sufficient grounds for offering him Re-employment. Re-employment shall not , therefore, be considered a reward for outstanding merit.
(ii) (ii) When the post on which the retiring employee is proposed to be re-employed is one to which recruitment is to be made through the Punjab Public Service Commission, a non-availability certificate to the effect that persons with suitable qualification and experience are not available in the open market or that it has not been possible for the Commission to arrange a substitute with the requisite qualification and/or experience, should be obtained from Commission. With a view to ensuring that bonafide efforts are made to find a suitable substitute for the person due to retire, the Commission shall be approached at least four months before the vacancy is scheduled to occur.
(iii) (iii) If the post on which the retiring employee is proposed to be re-employed is one of the recruitment to which is beyond the purview of the Commission the authority competent to make such recruitment shall record a non-availability certificate to the same effect as mentioned under (ii) above indicating clearly the efforts made, to secure the service of a substitute.
(iv) (iv) The age of the employee proposed to be reemployed must be below 60 years except in the case of Patwaris who may be re-employed up to the age of 70 years. Doctors may also be re-employed up to the age of 65 years.
(v) (v) The employee proposed to be re-employed shall have a satisfactory record of service. In particular he should have had a good reputation for integrity and honesty. For this purpose, his character roll and personal file shall be carefully scrutinized and all other relevant information that may be available shall be taken into account.
(vi) (vi) The employee proposed to be re-employed shall be physically and mentally fit. For this purpose he shall furnish a medical certificate from a Civil Surgeon.
(vii) (vii) The proposed re-employed shall not adversely affect the interests of other competent employees of comparable seniority in the department concerned.
(viii) (viii) No particular employee shall be singled out for preferential treatment in the matter of re-employment when the Department is facing a shortage of experienced hands and there is no alternative but to resort to re-employment. Everyone who attains the age of superannuation, except those who are physically or mentally unfit or possess a bad service record, shall be considered for re-employment. A policy of ‘pick and choose’ shall be avoided.
3.24 3.24 Compulsory retirement after 25 years’ service - (i) The powers to retire a Government servant compulsorily after 25 years of service are intended to be used against the official whose efficiency is impaired but against whom it is not desirable to make formal charges of inefficiency or who has ceased to be fully efficient (i.e. when a Government servant’s value is clearly incommensurate with the pay he draws) but not to such a degree as to warrant his retirement on a compassionate allowance. It is not the intention to use these powers as a financial weapon, that is to say, the powers should be used only in the case of Government servants who are considered unfit for retention on personal as opposed to financial grounds.
(ii) The above said powers are also proposed to be used in cases where reputation of corruption is clearly established even though no specific instance is likely to be proved under the Punjab Civil Services (Punishment and Appeal) Rules, Appendix 24 of Volume 1,Part 11,or the Public Service (Inquiries) Act, XXXV11 of 1850 [Letter No .8562-G-SS/16922,dated 29 the June,1955 of the Chief Secretary to Government, Punjab].
3.25 3.25 Indebtedness and insolvency - It is incumbent on the Government employee against whom any legal proceeding is instituted about the recovery of any debt due from him or for judging him as an insolvent, to forthwith report the facts of the legal proceedings to the Government . The burden of proving that indebtedness, or insolvency was the result of circumstances with which the exercise of ordinary diligence the Government employee could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits rests on the Government employee.
3.26 3.26 Unauthorised Absence - Absence without leave is an infringement of discipline, and unless a satisfactory explanation is submitted, severe notice will be taken of such absence. Leave must be applied for and sanctioned before it is taken.
3.27
3.27
Conviction of Government Officials - Whenever, a Government official is
judicially convicted or acquitted of any offence, a copy of decision should be
sent to the head of the department in which he is employed in order that such
action in the case, as may be deemed proper, may be taken at once.
3.28 3.28 Re-employment of dismissed officials - (1) Removal from office for such a cause as unfitness for the duties of the office need not usually entail any further consequence. It ought not to bar re-appointment to another office for the duties of which the person may be suited, and it should be accompanied by any subsidiary orders which would operate as such a bar or otherwise prejudice the person in question. Removal should be penalty in all cases where it is not thought necessary to bar future re-employment under Government.
(2) In cases of dismissal, the effect of the order should be preclude the dismissed officer from being re-employed. Ordinary cases of the dismissal of non-gazetted officers need not be notified in the Government Gazzette. As a precaution against the inadvartentre-employment of men who may have been dismissed, it would be sufficient that officers should whether an applicant for a post has been in Government service before, and refer to his previous employer if the circumstances connected with his discharge are not clear. The applicant should be required to produce a copy of his character certificate or other record of service, and a person who succeeds in obtaining employment by the concealment of his antecedents would obviously merit dismissal on the true facts being discovered. The sanction of the Government should always be obtained to the re-employment of persons dismissed.
(3) (3) The dismissal of public servant should be notified in the Gazette only in the following cases ,viz.(i)when it is necessary to notify the public of the removal from service of an officer, whether because his appointment was previously gazetted or from any other cause , and(ii) when it is specially desired to exclude from re-employment in service of the Government, a public servant who has been dismissed for a heinous offence, such as fraud or falsification of accounts.
(4) (4) The reasons for the dismissal of a public officer should not be stated in the notification regarding his dismissal even in cases in which a conviction has been obtained in a criminal court . It will be sufficient to announce that the Government has dispensed with his services , except in those cases in which the cause of dismissal constitutes a disqualification under terms of law regulating the tenure of a particular appointment, and it for this reason necessary to couple with the announcement of the dismissal a statement of the grounds upon which it has been ordered.
3.29 3.29 Collection of Subscriptions - Under rule 12 of the Government Servants Conduct Rules, 1966, the Punjab Government has reaffirmed its objection to the association of its officers with the raising of funds or receiving of subscriptions. The Commissioners of Divisions are accordingly required to see that officers subordinate to them avoid any action in connection with advocacy of subscriptions or collection of money except in cases of collection for the District Relief Fund. Rule 12 reads as under:--
“No Government employee shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to or otherwise associates himself with the raising of any funds or other collection in cash or in kind in pursuance of any object whatsoever”.
3.30. 3.30. Procedure to be followed when any Government servant is summoned by a court to produce official documents for the purpose of giving evidence – The law relating to the production of unpublished official records as evidence in courts is contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872, which are reproduced below:-
123. 123. No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the Department concerned, who shall give or with hold such permission as he thinks fit.
124. 124. No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interests would suffer by the by the disclosure.
162. A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court not with standing any objection which their may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.
(1) (1) The Court, if it sees fit, may inspect the document unless it refers to matters of State, or take over other evidence to enable it to determine on its admissibility.
If for such a purpose it is necessary to cause any document to be translated, the Court may ,if it thinks fit ,direct the translator to keep the contents secret, unless the document is to be given in evidence; and if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code.
(2) (2) For the purposes of section 123 above, the expression “officer of the Head of the Department concerned” may be held to mean the officer who is in control of the department and in whose charge records of the department remain. Only such an officer should be treated as the authority to withhold or give the necessary permission for the production of official documents in evidence.
(3) (3) In respect of documents (1) emanating from a higher authority, i.e., the Government of India , or the State Government or which have formed the subject of correspondence with such higher authority, or(2) emanating from other Government whether foreign or members of the Commonwealth, the Head of the Department should obtain the consent of the Government of India or the State Government, as the case may be, through the usual official channels before giving permission to produce the documents in court or giving evidence based on them unless the papers are intended for publication or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with.
(4) (4) In the case of documents other than those specified in paragraph (2) above, production of documents should be withheld only when the public interest would by their disclosure, be injured, or where disclosure would be injurious to national defence or to good diplomatic relations or where the practice of keeping a class of documents secret is necessary for the proper functioning of the public service. Some High Courts have pointed out the circumstances under which no such privilege should be claimed e.g., privilege is not to be claimed on the mere ground that the documents are State documents or are official or are marked confidential or if produced, would result in parliamentary discussion or public criticism or would expose want of efficiency in the administration or tend to lay a particular department of Government open to a claim for compensation . The mere fact that the head of department does not wish the documents to be produced is not an adequate justification for objecting to their production. The High Courts have also observed that refusal to produced documents relating to affairs of State implies that their production will be prejudicial to public interest. Consequently the reasons therefore should be given in an affidavit.
(5) (5) In a case of doubt the head of the department should invariably refer to higher authority for orders.
(6) (6) These instructions apply equally to cases in which Government is a party to the suit. In such cases, much will depend on the legal advice as to the value of the documents, but before they are produced in court, the considerations stated above must be borne in mind, and reference to higher authority made, when necessary.
(7) (7) The Government servant who is to attend a court as a witness with official documents should, where permission under section 123 has been withheld, be given an affidavit in form No .1, duly signed by the Head of the Department in the accompanying form. He should produce it when he is called upon to give his evidence, and should explain that he is not at liberty to produce the documents before the court or to give any evidence derived from them. He should, however, take with him the papers which he has been summoned to produce.
(8) (8) The Government servant who is summoned to produce official documents in respect of which privilege under section 124 has to be claimed will make an affidavit in the accompanying form No. II when he is not attending the court himself to give evidence, he shall have it sent to Court along with the documents. The person through whom the documents are sent to Court should submit the affidavit to the Court, when called upon to produce the documents. He should take with him the documents which he has been called upon to produce but should not hand them over to the Court unless the Court directs him to do so. They should not be shown to the opposite party.
(9) (9) The Head of the Department should abstain form entering into correspondence with the presiding officer of the court concerned in regard to the grounds on which the documents have been called for. He should obey the Court’s orders and should appear personally or arrange for the appearance of another officer in the Court concerned, with the documents and act as indicated in paragraph (7) above, and produce the necessary affidavit, if he claims privilege.
FORM I
IN THE COURT OF
Suit No___________________of 19 I,____________, hereby solemnly affirm and state as follows:-
A summons bearing No_______________, dated____________________, issued by the Court of _____________, dated__________________, in suit No. __________________of 19____(________________ vs ____________), has been received in the Department of _________on _______ 19 ___________ requiring production in the said court on _____________ 19 ______ of documents stated below. I, as head of the Department of ______________________ am in the control of, and incharge of , its records. I have carefully considered the relevant documents and have come to the conclusion that they are unpublished official records relating to affairs of State and their disclosure will be prejudicial to public interest for the following reasons:--
LIST
OF DOCUMENTS SUMMONED
I do not, therefore, give permission to anyone under section 123 of the Indian Evidence Act ,1872, to produce the said documents or to give any evidence derived there from.
Solemnly at ____________this_________day of_________________19_______
Name and designation of the Officer at the Head of the Department . SWORN BEFORE ME.
FORM OF AFFIDAVIT NO . 11
IN
THE COURT OF
SUIT / NO._______________of__________19_______.
I, *________________________________do hereby solemnly affirm and state as follows;__
A summons bearing No._____________dated___________issued by the Court of__________________in Suit No._______________of 19__________(___________________Vs_________ has been served on me on _________19__________, requiring production in the said Court on_________19______, of the documents stated below. I have carefully considered them and come to the conclusion that they contain communications made in official confidence and I consider that the public interest would suffer by their disclosure for the following reasons ;---
LIST
OFDOCUMENTS SUMMONED
I , therefore, claim privilege under section 124 of the Indian Evidence Act, 1872.
Solemnly affirmed at ____________day of__________19____________
( Here write the name and designation
of the officer making the affidavit.)
Sworn before me
3.31 Investing of complaints of corrupt conduct of officials - The Government have from time to time been taking effective steps to root out corruption from the services in order to make the administration clean and healthy. For this purpose a full-fledged Vigilance Department has been set up in the State which is looking into the complaints of corruption received against various Government officials, making enquiries and suggesting action in case of the officials having been found guilty. Instructions laying down the policy and procedure relating to the vigilance enquiries and vigilance cases have been issued by the Government . (See Annexure E).
3.31-A: Redress of public grievances.: In order to look in to the complaints and to redress the public grievances the Government have introduced a machinery which attends to this subject. The underlying idea to introduce such a machinery is to ensure that the grievances of the public at the district level are attended to promptly and effort made to redress them, there and then, as far as possible. A District Officer , Removal of Grievances of the status of an Under Secretary has been put on this job who is to work under the direct control of the Deputy Commissioner. Whatever, it is considered necessary the officer at the Secretariat level (Chief Secretary/ Administrative Secretaries) are also brought in to the picture and are apprised of the state of affairs in the district in this behalf so as to obtain guidelines in the matter of resolving the complicated issues. Whenever action against a Government official is proposed to be taken at the higher level as a result of an enquiry the concerned authorities are approached in the matter. The Government has issued detailed instructions indicating the functions of the Grievances Department, duties of the District Officer, Removal of Grievances and the appointment of Grievances Committees at the district level to redress the grievances of the public at large. (See Annexure F).
3.32 Employment of Peons.: Peons who are Government servants and wear the Government livery, are not to be employed on personal service of a menial character by the officers to whom they are attached.
3.33 Acquisition of land by Government servants: A Government employee shall report to the Government all cases of acquisition by purchase or gift of land and where necessary would obtain the prior permission of the Government for such acquisition.
3.34 Compassionate Fund.: In the event of the death of a Government employee while the service, an ex-gratia grant between Rs.10,000 to Rs.30,000 is given to the widow/dependants of the deceased Government employee. A family pension is also given in such cases. This has been done to supplement the existing provision relating to pension and gratuities. [Punjab Government F.D.Letter No.18/5/79-FR(6)/7266, dated 30th November, 1979].
3.35
}
Deleted.
3.36
}
3.37. Government official convicted on a criminal charge.: Whenever the conduct of a Government official is made the subject of judicial enquiry a copy of the decision should be sent to the Head of the Department in which he is employed in order that such action in the case as may be deemed proper may be taken at once. Even should the judicial enquiry have resulted in his acquittal in a criminal suit, or success in a civil suit, the records may furnish proof of official misconduct or negligence or improper dehaviour which, while not sufficient to justify a conviction or civil decree, may be serious enough to call for departmental punishment or dismissal from the service of Government.
All proposal regarding the promotion of or the conferment of honours upon officers of Government should be held in abeyance, in cases where enquires or proceedings whether executive or judicial, as regards the conduct of such officers are under contemplation or have been instated until such enquiries or proceedings have been completed.
The Government have laid down guidelines as to how to proceed in the case of employees convicted on the criminal charge by the court of law. Detailed instructions in this behalf are contained in the Punjab Government Letter No.86-GOI-2GS-76, dated 23rd December, 1976 issued by the Chief Secretary to Government, Punjab.
(See Annexure G).
3.38. Officials to pay for supplies : All District/Sub-Divisional/Tehsil level officers and servants of Government are strictly prohibited from taking advantage of their official position for private objects, and must purchase article for their private consumption or use in the same way as non officials. They are also prohibited from executing in their official capacity commissions of a private nature for other persons in the Sadr Station or elsewhere.
3.39. Attitude to be adopted by a government servant in a proposal of Government relating to a local body : When a proposal of Government relating to a local body or other authority whom a public servant represents in under discussion by the local body or other authority, the Government servant is not precluded from an expression of his views regarding the manner in which the proposal of Government will affect the interests of the local body or authority; but his observations should be confined to this aspect of the question and to suggestions for alternative proposals, where it is proposed to move Government to reconsider its orders and they should not include general criticisms of the policy of Government, subject to the observance of this general principle, the criticisms should be directly relevant to the interests of the body or authority whom the public servant represents, and they should be moderately worded. Where the decisions of Government are such that no question of reconsideration can arise, the Government servant should refrain from criticism of them, and any part he may take in the discussion should be confined to an expiation of the extent to which they affect the interests of the local body or other authority.
3.40
3.40
Deleted.
3.41 3.41 Time of public servant not to be given to management of his private property - It is incumbent on Government to take care that no officer who may be in possession of landed property in the State of Punjab or elsewhere, to whatever branch of the service he may belong, shall apply any portion of time and attention which ought to be devoted to his public duties, to the management of that property and that no longer or more frequent leaves of absence are not permitted on that account.
3.42 Promotion and management of Companies : According to rule 15 of the Government Employees Conduct Rules, 1966, no Government employee shall except the previous sanction of Government engage directly or indirectly in any trade or business or negotiate for or undertake any employment.
3.43 3.43 Extract from notice of officers to be sent with reports on gazetted officers who have reached the age of 55 - All recommendations submitted to Government for the retirement of Extra Assistant Commissioners or for retention of their services after the age of 55 should be accompanied by extracts regarding the work of the official in question taken from the notices of officers for the three preceding years recorded in connection with the Revenue, Civil and Criminal Justice Reports of the district. In submitting recommendations for the retention of officers, it should be specially noted whether they are decidedly fit to discharge their duties, physically and mentally, and special regard should be had to the character of each officer for integrity and honesty.
3.44 3.44 Strict integrity necessary for promotion - No promotion should be given and no recommendation for promotion made in the case of public servant who does not possess and maintain a reputation for strict integrity. Efficiency without honesty should not be regarded as constituting claim to promotion.
3.45 3.45 Communications from Government officers regarding their leave, pay, etc. Government officers are not entitled to send communications regarding their leave, pay, transfer leave, allowances, funds subscription and analogous matters at the expense of the State, as such communication are private and not official.
PUNJAB GOVERNMENT
REVENUE DEPARTMENT
Notification
The
24th June, 1976
No.G.S.R.77/Const./Art.309/76.-In exercise of the power 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 for regulating the recruitment to, and conditions of service of persons appointed to the Punjab Commissioners’ Offices (State Service Class II), namely :-
GENERAL
1 (i) Short title and commencement:- These rules may be called the Punjab Commissioner’ Offices (State Service Class II) Rules, 1976.
(ii) They shall come into force on the date of their publication in the official Gazette.
2 2 Definitions :- In these rules, unless the context otherwise requires,-
(a) (a) “Commissioner” means the Commissioner of a Division;
(b) (b) “Government” means the Punjab Government in the Administrative Department;
(c) (c) “Service” means the Punjab Commissioners’ Offices (State Service Class II).
RECRUITMENT
TO POSTS
3 3 Number and Character of Posts.:- The Service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall affect the inherent rights of Government to make additions to or reductions in the cadre of the service or create new posts with different designations and scales of pay whether permanently or temporarily.
4 4 Appointing Authority: Appointment to the Service shall be made by the Financial Commissioner, Revenue.
5 5 Nationality, domicile and character of candidates (1) No person shall be appointed to the Service unless he is-
(a) (a) a citizen of India; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania(Formerly Tanganika and Zanzibar) with the intention of permanently settling in India:
Provided that a candidate belonging to categories (b), (c),(d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government of India and if he belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian citizenship.
(2) (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commissioner concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
6. Disqualification - No person : -
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who, having a spouse living, has entered in to or contracted a marriage with any person, shall be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage 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 form the operation of this rule.
7. “Method of appointment – (1) Appointment to the post of Superintendent shall be made in slabs of five vacancies each as follows:-
(i) (i) The first, third and fifth vacancy shall be filled in by promotion from amongst the Superintendents Grade II of the Deputy Commissioners’ Offices having an experience of working as such for a minimum period of three years; and
(ix) (ii) the second and fourth vacancy shall be filled in by promotion from amongst the Superintendents Grade III of the Punjab Commissioners’ Offices ( State Service Class III ) having an experience of working as such for a minimum period of three years:
Provided that if no suitable candidate is available on the category in whose share the vacancy falls, a suitable candidate from the other category shall be appointed and the vacancy in the former category shall be carried forward:
Provided further that if no suitable candidate from the former category is available for promotion to the vacancy which has been carried forwarded under the preceding proviso, then appointment of a suitable candidate shall be made from the other category and there shall be no further carrying forward of that vacancy.
(2) All appointments to the service shall be made on the basis of seniority-cum-merit and no person shall have any right for promotion merely on the basis of seniority.”
8.
Deleted.
CONDITIONS
OF SERVICE
9. Probation of members of Service - (1) Members of the Service shall remain on probation for a period of one year:
Provided that-
(a) (a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in this case of an appointment by transfer, any period of work in equivalent or higher rank, prior to the appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned, as period spent on probation, but no person who has no officiated, shall, on the completion of the 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—
(i) (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) (a) if his work or conduct has, in its opinion, been satisfactory—
(i) (i) confirm such person from the date of his appointment if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation period satisfactorily, if there is no permanent vacancy, or
(b) if his work or conduct has not been, in its opinion, satisfactory it may--
(i) (i) revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
10 Seniority - The inter se seniority of members shall be determine by the length of continuous service to a post in the Service:
Provided that in case of two or more members appointed on the same date their seniority shall be determined as follows:--
(a) (a) a member appointed by promotion shall be senior to a person appointed by transfer; and
(b) (b) in the case of members appointed by promotion or by transfer seniority shall be determined according to the seniority of such members in the appointment from which they were promoted or transferred; and
(c) (c) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by his length of service in those appointments; and if the length of such service is also the same, an older member shall be senior to a younger member.
Notes,----1. This rule shall not apply to members appointed on purely provisional basis.
1. 1. In the case of member whose period of probation is extended under rule 9, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
11 Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scale of pay at present in force in respect of specified post, is given in Appendix ‘A’ to these rules.
12 Liability of member of Service to transfer - A member of Service may be transferred by the Financial Commissioner, Revenue, from one office of the Commissioner to the other office of the Commissioner.
13 Liability to serve -(1) A member of Service shall be liable to serve at any place whether within or without the State of Punjab, on being ordered to do so by the Government.
(2) A member of the Service may also be transferred by the Government to any post, whether included in any other service or not, on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Service Rules, Volume I, Part I.
14 Leave, Pension or Other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been, or may hereafter, be adopted or framed by competent authority under Article 309 of the Constitution of India or under any law for the time being in force made by State Legislature and the rules made thereunder.
15. Discipline, penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and the appellate authority shall be specified in Appendix ‘B’:
Provided that in the case of a member of the Service who was appointed to the Service by the Government at any time before the commencement of these rules and is continuing as such immediately before such commencement, the authority which shall be competent to dismiss or remove him from service shall be Government.
(2) The authority competent to pass an order under rule 15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’
16. Oath of allegiance.:- Every member of the Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
17. Powers to relax - Where the Government is of the opinion that it is necessary or 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 of persons.
18. Repeal and Savings - The Punjab Commissioners Subordinate Service Rules, 1941, in so far as these are applicable to the posts covered by the present rules, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.
R. S. TALWAR,
Secretary to Government, Punjab,
Revenue Department.
|
APPENDIX ‘A’ |
||||
|
SN |
Description of Posts |
Number of posts |
Total |
Scale |
|
Jullundur Patiala Ferozepur |
||||
|
1 |
Superintendent |
1 1 1 |
3 |
Rs. 825-25-850/30-1,000/40-1,200/50-1,400-60-1,580 |
|
APPENDIX ‘B’ |
||||
|
Designation Of officials |
Nature of penalty |
Punishing Authority |
Appellate Authority |
Authority empowered to
entertain revision application |
|
1 |
2 |
3 |
4 |
5 |
|
1. Superintendent |
Minor Penalties
(i)
(i)
(ii) (ii) Withholding of his promotion; (iii) (iii) Recovery from his pay of part of any pecuniary loss caused by him to the Government by negligence or breach of orders; withholding of increments of pay (iv)
(iv)
(v) (v) Reduction to a lower stage in the time-scale of pay for a specified period with further direction as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period; the reduction will or will not have the effect of postponing the future increments of his pay; (vi) (vi) Reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service. (vii) (vii) Compulsory retirement; (viii) (viii) removal from service which shall not be a disqualification for further employment under the Government. (ix) (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government. |
Commissioner
Financial Commissioner Revenue |
Financial Commissioner Revenue
Government |
Government |
|
APPENDIX ‘C’ Referred to in
rule 15 of the Punjab Civil Service (Punishment and Appeal) Rules, 1970 |
||||
|
Serial No. |
Designation Of officials |
Nature of order |
Authority
competent to pass orders |
Appellate
authority |
|
1 |
Superintendent |
(i) (i) an order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal), Rules, 1970. (ii) (ii) an order enhancing any penalty imposed under rule 15 of the Punjab Civil Services (Punishment & Appeal) Rules 1970. (iii) (iii) an order which— (a) (a) denies or varies to his dis-advantage his pay, allowance, pension or other conditions of service as regulated by rules or by agreement; (b) (b) interprets to his disadvantage the provisions of any such rule or agreement; (iv) (iv) an order— (a) (a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b) (b) reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty; (c) (c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d) (d) determining the subsistence, and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or (e) (e) determining his pay and allowances- (i) (i) for the period of suspension; or (ii) (ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service grade, post, time scale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or posts, or (f) determining whether or not the period
from the date of his suspension or from the date of his dismissal, removal,
compulsory retirement or reduction to lower service, grade, post, timescale
of pay or stage in a time scale of pay to the date of his reinstatement or
restoration to his service, grade or post shall be treated as a period spent
on duty for any purpose.
|
Commissioner |
Financial Commissioner |
Notification
The 24th June , 1976
No. G.S.R. 79/Const./Art. 309/76.-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 for regulating the
recruitment, and conditions of service of persons appointed to the Punjab
Commissioners’ Offices (State Service Class III), namely:-
PART 1- General
1. 1. Short title and Commencement –(i) These rules may be called the Punjab Commissioners’ Offices (State Service Class III) Rules, 1976.
(ii)They shall come into force on the date of their publication in the official Gazette.
2. 2. Definitions. –In these rules, unless the context otherwise requires,-
(a) (a) “cadre” means the strength of the Service or a part thereof sanctioned as a separate unit for each Division:
(b) (b) “Commission” means the Punjab Public Service Commission;
(c) (c) “Commissioner” means the Commissioner of a Division;
(d) (d) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in service of Government of India or of a State Government;
(e) (e) “Government” means the Punjab Government in the Administrative Department;
(f) (f) “recognized university or institution” means-
(i)any university or institute incorporated by law in any of State of India, or
(ii)in the case of degrees or diplomas obtained as a result of examinations held before the 15th August, 1947, the Punjab, Sind or Dacca University, or
(iii)any other university or institution which is declared to be a recognized university or institution for the purpose of these rules;
(g) “recruiting authority” means the Punjab Subordinate Services
Selection Board or any other authority authorised by the Government to make
recruitment of persons to the service;
(h) “Service” means the Punjab Commissioners’ Offices (State Service Class III).
PART II
Recruitment to
posts and qualifications
3. 3. Number and Character of Posts - The service shall comprise the posts shown in Appendix ‘A’, ‘B’ and ‘C’ to these rules:
Provided that nothing in these rules
shall affect the inherent right of Government to make additions or reductions
in the cadre of the Service or create new posts with different designations and
scales of pay whether permanently or temporarily.
4. Appointing authority. Appointments to the posts in the Service shall be made by the Commissioner of the Division concerned.
5. Nationality domicile and character of Candidates - No person shall be appointed to the Service unless he is
(a) a citizen of India; or
(b) a subject of Nepal; or
(c) a subject of Bhutan; or
(d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India;
Provided that a candidate belonging to categories (b), (c), (d), and(e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) the certificate of eligibility will be issued for a period one year, after which such candidate will be retained in service subject to his having acquired Indian Citizenship.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by Commissioner of a Division concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) No person shall be appointed to the Service by direct recruitment unless he produces 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.
6. Disqualification. No person-
(a) who has entered into or
contracted a marriage with a person having a spouse living; or
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage 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.
7. Age - No person shall be appointed to the Service by direct appointment who is less than 17 years and more than 27 years of age on the date of appointment or such age as may, from time to time be fixed by Government;
Provided in the case of the candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes the upper age limit shall be such as may from time to time be fixed by the Government.
Note.---The appointing authority shall, in all cases, obtain from the candidate written declaration of his age supported by Matriculation or equivalent certificate or any other satisfactory documentary proof.
8. Qualifications - No person shall be appointed to any post in the service by direct appointment unless he has passed the examination in Punjabi language of matriculation standard and also possesses the following qualifications---
(a) in the case of Assistants, he is a graduate of recognised University or institution;
(b) in the case of Steno-typists, he has passed the Matriculation examination of a recognized University or institution or its equivalent and qualifies in the test in shorthand and type writing as may be prescribed by the Commissioner concerned;
(c) in the case of clerks, he has passed the Matriculation examination of a recognised University or institution or its equivalent.
9. 9. Method of appointment- Appointment to the Service shall be made-
(a) In the case of Assistant Superintendent (Revenue and Judicial)—
(i) by selection from amongst the Assistant Superintendents (Revenue an Records) of the Deputy Commissioners’ Offices of the division concerned; or
(ii) by promotion from amongst the Assistants and Personal Assistants of the cadre, or
(iii) by transfer of a Naib-Tehsildar of the Division concerned;
(b)
in the case of Assistant
Superintendent (General) and Assistant superintendent (Accounts) by promotion
from amongst Assistants and Personal Assistants of the cadre;
(c) in the case of Personal Assistant—
(i) (i) by promotion from amongst the clerks and steno-typists of the cadre;
(ii) (ii) by selection from amongst the Stenographers and Assistants of the Deputy Commissioner’s offices of the division concerned;
(14) (2) in the case of Assistant-
(i) (i) seventy-five percent posts by promotion from amongst the clerks and steno-typists of the cadre;
(ii) (ii) twenty-five percent by direct appointment;
(15) (3) in the case of steno-typist—
(i) (i) by selection from amongst the clerks who qualify a test in shorthand and typewriting to be prescribed by the Commissioner concerned; or
(ii) (ii) by direct appointment;
(16) (4) in the case of clerks—
(i) by direct appointment;
(ii) by transfer of a person already in service of Government of India or of a State Government.
(2) (2) When any post in the Service falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
Note---. Appointment to any post in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.
PART III
Conditions of
Service
10. 10. Probation of member of Service (i) Members of the Service shall remain on probation for a period of two years if recruited by direct appointment and one year if recruited otherwise:
Provided that—
(a) (a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work in equivalent or higher rank prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall, on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(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) (a) if such person is recruited by direct appointment, dispense with his Services, and if such person is recruited otherwise,-
(i) (i) revert to his former post ; or
(ii) (ii) deal with him in such other manner as the terms and conditions of his previous appointment permit.
(3) (2) On the completion of the period of probation of a person, the appointing authority may—
(a) (a) if his work or conduct has in its opinion, been satisfactory,--
(i) (i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or
(ii) (ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) (iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(b) (b) if his work or conduct has not been in its opinion, satisfactory, --
(i) (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 permit; or
(ii) (ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority of members of Services - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointments to that cadre of the Service:
Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission or the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result the subsequent selection :
Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:--
(a) (a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) (b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) (c) in the case of members appointed by the promotion or transfer seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred; and
(d) (d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing in a higher rate of pay in his previous appointment; and if the rates of pay drawn are also the same, then by their length of Service in those appointments, and if the length of such Service is also the same, an older member shall be senior to a younger member.
Note—1 This rule shall not apply to members appointed on purely provisional basis pending their passing the qualifying test.
Note—2 In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any , as may be authorized by Government from time to time. The scales of pay at present in force, in respect of specified posts are given in Appendices ‘A’, ‘B’ and ‘C’ to these rules.
13. Liability for vaccination and revaccination - Every member of the Service shall get himself vaccinated or re-vaccinated when Government so directs by a special or general order.
14. Liability of members of Service to transfer - A member of the Service may be transferred by the Financial Commissioner, Revenue to an equivalent post in the other cadre on the same terms and conditions as are applicable to him in the original cadre.
15. Liability to Serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered so to go by the Government.
16. Leave, pension or other matters - In respect of leave, 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 as may have been, or may hereafter be adopted or framed by the competent authority under Article 309 of the Constitution of India or any law for the time being in force and rules made thereunder .
17. Discipline, penalties and appeals - In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties
which may be imposed , the authority
empowered to impose such penalties and the appellate authority
shall be as specified in Appendix ‘D’ to
these rules.
(2) The authority competent to pass an order under rule 15 of the said rules and the appellate authority shall also be as specified in Appendix ‘E’ to these rules.
18. Oath of allegiance - Every member of the Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
19. Power to relax - Where the Government is of opinion that it is necessary or 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.
20. Repeal and savings. - The Punjab Commissioner’s Subordinate Service Rules, 1941, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R.S.TALWAR,
Secretary to Government, Punjab,
Revenue Department.
APPENDIX ‘A’
JULLUNDUR DIVISION |
|||
|
Serial No. |
Description of Posts |
Number Of Posts |
Scale |
|
1
2
3
4 5 6
7 8 |
Assistant Superintendent (Revenue and Judicial) Assistant Superintendent (General) Assistant Superintendent (Accounts) Personal assistant. … Assistants … Steno-typists …
Clerks … Driver … |
1
1
1
1 13 2
19 1 |
Rs. 300-25-500/25-550
300-25-500/25-550
300-25-500/25-550
350-25-500/30-650 225-15-360/20-500 110-4-130/5-180-6-210/8-250 plus Rs.25 per mensem as Special Pay 110-4-130/5-180/6-210/8-250 110-4-130/5-160/5-180 |
|
APPENDIX ‘E’ [Referred to in Rules 15 of the Punjab Civil Services (Punishment and Appeal)Rules, 1970] |
||||
|
Serial No. |
Designation of official |
Nature of order |
Authority competent to pass orders |
Appellate Authority |
|
1
2
3
4
5
6
7
8 |
Assistant Superintendent (General)
Assistant superintendent (Revenue and Judicial)
Assistant Superintendent (Accounts)
Personal Assistant
Assistant
Steno-typist
Clerk
Driver |
(i) (i) an order of suspension made or deemed to have been made under rule 4, of the Punjab civil Services (Punishment and Appeal) Rules, 1970; (ii) (ii) an order enhancing any penalty imposed under rule 5 of the Punjab Civil Services (Punishment and Appeal)Rules, 1970; (iii) (iii) an order which— (a) (a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of Service as regulated by rules or by agreement; (b) (b) interprets to his disadvantage the provisions of any such rule or agreement; (iv) (iv) an order— (a) (a) stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b) (b) reverting him while officiating in a higher Service; grade or post to a lower Service, grade or post , otherwise than as a penalty; (c) (c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d) (d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e) (e) determining his pay allowances— (i) (i) for the period of suspension; or (ii) (ii) for the period from the date of his dismissal, removal or compulsory retirement from Service, or for the date of his reduction to a lower Service, grade post, time scale or stage in the time-scale of pay to the date of his retirement or restoration to his Service, grade or post: or (f) (f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower Service, grade, post, timescale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his Service, grade or post shall be treated as a period spent on duty for any purpose.
|
Commissioner |
Financial Commissioner Revenue |
REVENUE
DEPARTMENT
Notification
The
24th June, 1976
No. G. S. R. 78/Const./Art.309/76 --- 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 regulating the recruitment and conditions of Service of persons appointed to the Punjab District Service (Class 111), namely:-
Part
1
General
1. Short title and commencement. (i) These rules may be called the Punjab District Service (Class III) Rules,1976.
(ii) They shall come into force on the date of their publication in the official Gazette.
2 Definitions. In these rules, unless the context otherwise requires:-
(a) (a) “Cadre” means the strength of the Service or a part thereof as a separate unit;
(b) (b) “Commissioner” means the Commissioner of a Division;
(c) (c) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in the Service of Government of India or of a State Government;
(d) (d) “Government” means the Punjab Government in the Administrative Department;
(e) (e) “recognised University or institution” means---
(i) any university or institution incorporated by law in any of the States of India; or
(ii) in the case if degrees or diplomas obtained as a result of examinations held before 15th August, 1947 of the Punjab, Sind, or Dacca University; or
(iii) any other university or institution ,which is declared to be a recognised university or institution for the purposes of these rules ;
(f) (f) “recruiting authority” means the Punjab Subordinate Services Selection Board constituted by the Government or any other authority authorised by the Government to perform the functions of the said Board;
(g) (g) “Service” means the Punjab District Service (Class 111).
Recruitment
to posts and qualifications.
3. Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules;
Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reductions in the cadre of the Service or create new posts with different designations and scales of pay whether permanently or temporarily.
4. Appointing authority - Appointments to posts in Service shall be made------
(a) (a) in the case of Superintendent and Assistant Superintendent by the Commissioner of the Division concerned; and
(b) (b) in the case of other posts in the Service, by the Deputy Commissioner concerned.
5. Nationality, domicile and character of candidates - 5. No person shall be appointed to the Service unless he is:-
(a) (a) a citizen of India; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January ,1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania ( formerly Tanganika and Zanzibar) with the intention of permanently settling in India;
Provided that a candidate belonging to categories (b) ,(c),(d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government of India and if he belongs to category (e) the certificate of eligibility will be issued for a period or one year after which such a candidate will be retained in Service subject to his having acquired Indian Citizenship.
2. A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
3. No person shall be appointed to the Service by direct appointment unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificates from two responsible persons, not being his relatives, who are well acquainted with him in private life and are unconnected with his university, college, school, or institution.
6. Disqualification - No person_____
(a) (a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) (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 may, if satisfied that such marriage 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 the rule.
7. Age - .No person shall be appointed to the Service by direct appointment who is less than 17 years or more than twenty –seven years of age on the date of appointment or such age as may be ,from time to time ,be fixed by Government
Provided that in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes the upper age limit shall be such as may, from time to time, be fixed by the Government.
Note;--The appointing authority shall in all cases, obtain from the candidate written declaration of his age supported by Matriculation or equivalent certificate or any other satisfactory documentary proof.
8. Qualifications - No person shall be appointed to Service by direct appointment unless has passed the examination in Punjabi Language of Matriculation Standard and also possesses the following qualifications;-
In the case of Assistants_____
(a) (a) a graduate of a recognised university or institution or its equivalent.
(b) (b) In the case of Steno-typist---
Must have passed the Matriculation Examination of a recognised university or institution or its equivalent and qualifies a test in short-hand and typewriting a such speed as may be prescribed by the Deputy Commissioner concerned;
(c) In the case of Clerk____
Must have passed the Matriculation Examination of a recognised university or institution or its equivalent.
9. Method of appointment - Appointments to the posts in the Service shall be made in the manner indicated below :--
(a) (a) In the case of Superintendent -
By promotion from amongst the Assistant Superintendents of the district of the concerned Division;
(b) (b) In the case of Assistant Superintendent ( Revenue and Record ) –
(i) by promotion from amongst the Assistants of the cadre with at least two years experience as an Assistant in the Revenue side, or Stenographers of the cadre, who have worked as Assistant for a period of two years on some existing vacancy or sharing the work of an Assistant on the Revenue side; or
(ii) by promotion from amongst the District Kanungos of the Division concerned.
(c) In the case of Assistant Superintendent (General): -
By promotion from amongst Assistants of the cadre with at least two years experience as an Assistant, or Stenographer of the cadre who have worked as Assistant for a period of two years on some existing vacancy or by sharing the work of an Assistant.
(d) In the case of Stenographer:-
By selection from amongst clerks and steno-typists of the respective cadres of the district concerned who qualifies in a test in shorthand and typewriting at a speed which may be prescribed by the concerned Deputy Commissioner.
(e) In the case of Assistant including the post of District Revenue Accountant (Sadar Wasil Baqi Nawis)__
(i) 75 per cent of the posts by promotion from amongst clerks and steno-typists of the respective cadres of the district concerned; or
(ii) 25 per cent of the posts by direct recruitment.
(f) (f) In the case of District Revenue Accountant (Sadar Wasil Baqi Nawis):---
(i) 75 per cent of the posts by promotion from amongst the Assistant District Revenue Accountants or Tehsil Revenue Accountants or Kanungos or Clerks of the respective cadres of the district concerned.
(ii) 25 per cent of the posts by direct recruitment.
(g) In the case of Steno-typist—
(i) by selection from amongst the clerks of the cadre who qualifies the test in short hand and type-writing at a speed which may be prescribed by the concerned Deputy Commissioner.
(h) In the case of clerk—
(i) by transfer of a Patwari in the District; or
(ii) by direct appointment; or
(iii) by transfer or deputation of a person in the Service of a State Government or the Government of India:
Provided that the posts of clerks with the following designations shall be filled by appointment from Patwaris—
(i) Assistant District Revenue Accountant;
(ii) Tehsil Revenue Accountant;
(iii) Inspection Moharrir in District Kanungos’ Office;
(iv) Judicial Moharrirs in District Kanungos’ Office;
(v) Ahlmad to the Revenue Assistant and sub Divisional Officer;
(vi) Jagir Moharrir.
(2) When any post falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
Note----All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.
Conditions of Service
10. Probation of members of Service. (i) Members of the Service shall remain on probation for a period of two years if appointed by direct appointment and one year if appointed otherwise;
Provided that---
(a) (a) any period, after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
(c) (c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If, in the opinion of the appointing authority the work or conduct of a person during period of probation is not satisfactory, it may---
(a) if such person is appointed by direct appointment, dispense with his Service, and if such person is appointed otherwise—
(i) revert 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 completion of the period of probation of a person, the appointing authority may—
(a) if his work or conduct has, in its opinion, been satisfactory—
(i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(b) (b) if his work or conduct has not been, in its opinion satisfactory, it may—
(i) dispense with his Service, if appointed by direct appointment, or if appointed otherwise, revert him to his former post, or deal with him in such manner as the terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter, pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority of members of Service - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointment to that cadre of the Service:
Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission of the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection:
Provided further that in the case two or more members appointed on the same date their seniority shall be determined as follows:--
(a) (a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) (b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) (c) in the case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred; and
(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by their length of Service in those appointments; and if the length of such Service is also the same, an older member shall be senior to a younger member.
Note 1.—This rule shall not apply to members appointed on purely provisional basis.
Note 2—In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of the Service.. Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability of members of Service to transfer - A member of a cadre may be transferred by the Financial Commissioner, Revenue to an equivalent post in other cadre on the same terms and conditions as are applicable to him in the original cadre.
14. Liability to serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered to do so by Government.
15. Leave and pension or other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been , or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and the rules made thereunder.
16. 16. Discipline penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall be as specified in Appendix ‘B’ to these rules.
(2) the authority competent to pass an order under rule15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’ to these rules.
17. Oath of allegiance - Every member of the Service, unless he has already done so shall be required to take an oath of allegiance to India and the Constitution of India as by law established.
18. Powers to relax - Where the Government is of opinion that it is necessary or 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 of persons.
19. Repeal and savings - The Punjab District Subordinate Service Rules, 1942, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R. S. TALWAR,
Secretary to Government, Punjab.
Revenue Department.
|
APPENDIX ‘A’ (Referred to in rule 3) |
||||||||||
|
SN |
Name of District |
No. of Superintendents |
Total |
No. of Assistants Superintendents (General) |
Total |
No. of Assistant Superintendents (Revenue and Record) |
Total |
|||
|
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
|||||
|
1 2 3 4 5 6 7 8 9 10 11 12
|
Gurdaspur Amritsar Jullundur Hoshiarpur Kapurthala Ludhiana Ferozepur Patiala Sangrur Bhatinda Roop Nagar Faridkot |
1 1 1 1 1 1 1 1 1 1 … … |
… … … … … … … … … … 1 1 |
1
1
1
1
1
1
1
1
1
1
1
1 |
…
1
1
…
…
…
1
…
…
…
…
… |
…
…
…
…
…
…
…
…
…
…
…
… |
…
1
1
…
…
…
1
…
…
…
…
… |
1
1
1
1
1
1
1
1
1
1
…
… |
…
…
…
…
…
…
…
…
…
…
1
1 |
1
1
1
1
1
1
1
1
1
1
1
1 |
|
Total |
|
10 |
2 |
12 |
3 |
|
3 |
10 |
2 |
12 |
|
Name of District |
No. of Assistants |
Total |
No. of Clerks |
Total |
No. of Stenographers |
Total |
No. of Steno-typists |
Total |
||||
|
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
Permanent |
Temporary |
|||||
|
Gurdaspur Amritsar Jullundur Hoshiarpur Kapurthala Ludhiana Ferozepur Patiala Sangrur Bhatinda Roop Nagar Faridkot |
15 15 14 15 13 13 13 15 16 15 2 3 |
2 2 5 5 3 4 5 5 2 5 13 14 |
17 17 19 20 16 17 18 20 18 20 15 17 |
103 151 122 106 74 127 119 136 114 35 35 48 |
15 17 34 31 20 25 31 44 18 65 75 65 |
118 168 156 137 94 152 150 180 132 100 110 113 |
1 1 1 … 1 1 1 1 1 … … … |
… … … … … … … … … … 1 1 |
1 1 1 … 1 1 1 1 1 … 1 1 |
4 5 3 2 2 1 4 6 5 3 2 3
|
2 4 5 4 4 6 6 4 2 … 5 5
|
6 9 8 6 6 7 10 10 7 3 7 8
|
|
Total .. |
149 |
65 |
214 |
1170 |
440 |
1610 |
8 |
2 |
10 |
40 |
47 |
87 |
1. 1. Pay scale of Superintendent: Rs.400-25-500/30-650.
2. 2. Pay scale of Assistant Superintendent (Revenue and Record). Rs.225-15-360/20-500.
3. 3. Pay scale of Assistant Superintendent (General): Rs.225-15360/20-500.
4. 4. Pay scale of Assistant : Rs.160-10-180/15-400.
5. 5. Pay scale of Clerks Rs.110-4-130/5-180-6-210/8-250.
6. 6. Pay scale of Stenographer Rs.160-10-280/15-400.
7. 7. Pay scale of Steno-typists: Rs.110-4-130/5-180/6-210/8-250 plus Rs.25 as special pay.
APPENDIX ‘B’
(REFERRED TO IN RULE 16) |
|||
|
Designation of officials |
Nature of penalty |
Punishing authority |
Appellate authority |
|
1 |
2 |
3 |
4 |
|
1.Superintendent 2.Assistant Superintendent (Revenue and Record) 3.Assistant Superintendent (General) 4.Stenographer
5.Assistant 6.Steno-typist 7.Clerk |
(i)Censure (ii)Withholding of his promotions
(iii)Recovery from his pay of the whole of part of any pecuniary loss caused by him to the Government By negligence or breach of orders
(iv)Withholding of increments of pay
(vi)Reduction to a lower time –scale of pay, grade or post of Service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or Service, from which he was reduced, with or without further directions regarding condition of restoration to the grade, post or Service from which Government employee was reduced and his seniority and pay on such restoration to that grade, post or Service; (vii)compulsory Retirement (viii)Removal from Service which shall not be a disqualification for future employment under the Government (ix)Dismissal from Service which shall ordinarily be a disqualification or further employment under the Government |
Deputy Commissioner
For the posts of Superintendent Assistant Superintendent (General) And Assistant Superintendent (Revenue and Record) Commissioner For the remaining posts Deputy Commissioner |
Commissioner
For the post of Superintendent, Assistant Superintendent (General) And Assistant Superintendent (Revenue and Record) – Financial commissioner For the remaining posts Commissioner
|
APPENDIX ‘C’
[Referred to in Rule 16(2)] (Referred to in Rule15 of the Punjab Civil Services (Punishment
and Appeal)Rules 1970]
|
||||
|
Serial No. |
Designation of official |
Nature of order |
Authority competent to pass orders |
Appellate Authority |
|
1 2
3
4 5 6 7 |
Superintendent Assistant Superintendent (Revenue and Record) Assistant Superintendent (General) Stenographer Assistant Steno-typist Clerk |
(i)An order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. (ii)An order enhancing any penalty imposed under rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970. (iii)An order which— (a)denies or varies to his disadvantage his pay, allowances, pension or other condition of Service as regulated by rules or by agreement; (b)interprets to his disadvantage the provisions of any such rule or agreement (iv)An order— (a)stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar; (b)reverting him while officiating in a higher Service, grade or post, otherwise than as a penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rule; (d)determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e)determining his pay and allowances— (i)for the period of suspension; or (ii)for the period from date of his dismissal, removal or compulsory retirement from Service, grade, post, time-scale or stage in the time-scale of pay to the date of his retirement or restoration to his Service, grade or post, or (f)determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or restoration to his Service, grade or post shall be treated as a period spent on duty for any purpose
|
Deputy Commissioner |
Commissioner |
REVENUE DEPARTMENT
Notification
The 24th
June, 1976
No.
G.S.R.80/Const./Art.309/76.— 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
for regulating the recruitment and conditions of service of persons appointed to
the Punjab Land Records (State Service, Class III), namely:-
PART
I—General
1. 1. Short title and commencement - (i) These rules may be called the Punjab Land Records (State Service Class III) Rules, 1976.
(ii) They shall come into force on the date of their first publication in the official Gazette.
2. 2. Definitions - In these rules, unless the context otherwise requires,--
(a) “cadre” means he strength of the service or a part, thereof;
(b) “Director” means the Director of Land Records, Punjab;
(c) “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in the service of Government of India or a State Government;
(d) “Government” means the Punjab Government in the Revenue Department;
(e) “recognized university” or “institution” means—
(i) any university or institution incorporated by law in any of the States of India, or
(ii) in the case of degrees or diplomas obtained as a result of examinations held before 15th August, 1947, the Punjab, Sind or Dacca university, or
(iii) any other university or institution which is declared to be a recognised university or institution for the purpose of these rules;
(f) “recruiting authority” means the Punjab Subordinate Services Selection Board or any other authority authorized by the Government of persons to the Service.
(g) “Service” means the Punjab Land Records (State Service Class III).
PART
II—Recruitment to posts and qualifications
3. Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall effect the inherent right of Government to make additions or reductions in the cadre of the Service or create new posts with different designations and scales of pay whether permanently or temporarily.
4. Appointing Authority –(i) Appointment to the post of Chief Instructor (Naib-Tehsildar) shall be made by the Commissioner, Jullundur Division.
(ii) Appointment to other posts shall be made by the Director.
5. Nationality, domicile and character of candidates - No person shall be appointed to the Service, unless he is_____
(a) (a) a citizen of India ; or
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India:
Provided that a candidate belonging to categories (b),(c), (d), and (e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) , the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian citizenship.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Director or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) No person shall be appointed to the service by direct recruitment unless he produces 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.
6 Disqualifications, No person___
(a) (a) who has entered in to or contracted a marriage with a person having a spouse living; or
(b) (b) who, having a spouse living, has entered into or contracted a marriage with any person; shall also be eligible for appointment to the Service:
Provided that the Government may, if satisfied that such marriage 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.
7. Age - No person shall be appointed to the Service by direct appointment if he is less than 17 years and more than 27 years of age on the date of appointment or of such age as may, from time to time, be fixed by the Government:
Provided that in the case of candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes the upper age limit shall be such as may from time to time be fixed by the Government.
8 Qualifications - No persons shall be appointed to any post in the Service by direct appointment unless he has passed the examination in Punjabi of the Matriculation or its equivalent standard and also possesses educational and other qualifications as are specified in Appendix ‘D’ to these rules.
9. Method of appointment - (1) Appointment to the Service shall be made in the manner indicated below:-
(a) (a) in the case of Superintendent—
(i) by promotion from amongst the Assistants and Senior Scale Stenographer; or
(ii) by transfer or deputation of an official already in Government service, not below the rank of an Assistant or its equivalent;
(b) in the case of Chief Instructor (Naib-Tehsildar) by transfer from amongst Naib-Tehsildars Jullundur Division;
(c) in the case of Assistant—
by promotion from amongst clerks or by selection from amongst Assistants, Stenographers, Clerks, Steno-typists employed in Government Department other than the Director’s Office;
(d) in the case of Senior Scale Stenographer—
(i) by selection from amongst the clerks who qualify in test in shorthand type-writing, or
(ii) by transfer of persons already in Government service, or
(iii) by direct appointment;
(e) in the case of Instructor (Kanungo)—
by transfer of a member of the Punjab Kanungo Service in consultation with the Collector concerned;
(f) in the case of Clerk—
(i) by transfer of a clerk or a patwari working in any other office in the Punjab State; or
(ii) by direct recruitment.
(g) in the case of Mapper—
(i) by transfer of a Settlement Mapper, or
(ii) by direct appointment.
(2) When any post in the Service falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.
All appointments to be posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no member of the Service shall have any right for promotion merely on the basis of seniority.
PART
III—Conditions of Service
10. Probation of members of service - (i) Members of the Service shall remain on probation for a period of two years if recruited by direct appointment and one year if recruited 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 fixed under this rule;
(b) in the case of appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service may in the discretion of the appointing authority, be allowed to count towards the period of probation; and
(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of 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 recruited by direct appointment dispense with his service; and
(b) (b) if such person is recruited otherwise,
(i) revert him to his former post; or
(ii) deal with him in such other manner as the terms and conditions of the previous appointment permit.
(3) On the completion of the period of
probation of a person, the appointing authority may—
(a) if his work or conduct, has in its opinion, been satisfactory;
(b) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointment against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or
(c) if his work or conduct has not been in its opinion, satisfactory—
(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 terms and conditions of his previous appointment permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. 10. Seniority. The seniority inter se of the members of Service in each cadre shall be determined by their continuous appointments to that cadre of the Service;
Provided that in the case of members recruited by direct recruitment, the order of merit determined by the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection:
Provided further that in the case of two or more members appointed on the same date, seniority shall be determined as follows: --
(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) a member appointed by promotion shall be senior to a person appointed by transfer; and
(c) in the case of members appointed by promotion or transfer seniority shall be determined according to the seniority of such members in the cadre from which they were promoted or transferred and
(d) in the case of members appointed by transfer from different cadres seniority shall be determined according to pay preference being given to a member who was drawing higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by the length of service in those appointments: and if the length of such service is also the same, an older member shall be senior to a younger member.
Note.—1. This rule shall not apply to members appointed on purely provisional basis.
Note.—2. In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.
12. Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from the time to time. The scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability of members of Service to transfer - A member of the Service may be transferred by the Government to any post whether included in any other Service or not on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Service Rules, Volume I, Part I.
14. Liability to serve - A member of Service shall be liable to serve at any place, whether within or without the State of Punjab on being ordered so to do by the appointing authority.
15. Leave, Pension or others matters - In respect of leave, pension and other matters not expressly provided for in these rules, members of the Service shall be governed by such rules and regulations as may have been or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and rules made there under.
16. Discipline, penalties and appeals - In matters relating to discipline, punishment and appeals, members of Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules 1970, as amended from time to time:
Provided that the nature of penalties which may be imposed to the authority empowered to impose such penalties and the appellate authority shall be as specified in Appendix ‘B’ to these rules.
(2) The authority competent to pass an order under Rule 15 of the said Rules and the appellate authority shall also be as specified in Appendix ‘C’ to these rules.
17. Oath of allegiance - Every member of Service, unless he has already done so, shall be required to make the oath of allegiance to India and the Constitution of India as by law established.
18. Power to relax - Where the Government is of opinion that it is necessary or expedient to do so, 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 of persons.
19. Repeal and savings - The Punjab Land Records Subordinate Services Rules, 1944, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R.S.TALWAR,
Secretary to Government, Punjab,
Revenue Department.
APPENDIX ‘A’
|
|||||
|
Serial No. |
Designation |
Number of posts |
Grade |
||
|
Permanent |
Temporary |
Total |
|||
|
1
2
3
4
5
6
7 |
Superintendent
Chief Instructor (naib-Tehsildar)
Assistants
Senior Scale Stenographer
Instructors (Kanungos)
Clerks
Mapper |
1
1
2
1
6
10
1 |
. .
. .
2
. .
. .
9
. . |
1
1
4
1
6
19
1 |
Rs. 400-25-500/30-650
225-15-360/20-500
160-10-280/15-400
160-10-280/15-400
140-6-170/8-210/10-300 plus Rs.25 per mensem as Special Pay
110-4-130/5-180-6-210/8-250
110-4-130/5-180-6-210/8-250 |
APPENDIX ‘B’
|
|||
|
Nature of Penalty |
Designation of officials |
Punishing Authority |
Appellate Authority |
|
(i)Censure
(ii)withholding of his promotions
(iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
(iv)withholding of increments of pay;
(v)reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;
(vi)reduction to a lower time-scale pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade post or service from which he was reduced, with or without further directions regarding conditions of restorations to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service ;
(vii)compulsory retirement;
(viii)removal from service which shall not be a disqualification for further employment under the Government;
(ix)Dismissal from service which shall ordinarily be a disqualification for further employment under the Government. |
1.Chief Instructor (Naib-Tehsildar)
2.Superintendent 3.Assistant 4.Senior Scale Stenographer 5.Instructors (Kanungos) 6.Clerks 7.Mapper
|
Commissioner, Jullundur Division
Director Land Records |
Financial Commissioner, Revenue |
|
APPENDIX
‘C’ [Referred to in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970] |
|||
|
Nature of Order |
Designation of official |
Authority competent to pass orders |
Appellate Authority
|
|
(i)An order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970
(ii)An order enhancing any penalty imposed under rule 5 of the Punjab Civil Services(Punishment and Appeal) Rules, 1970
(iii)An order which— (a)denies varies to his disadvantage, his pay, allowance, pension or other conditions of services as regulated by rules or by agreement; (b)interprets to his disadvantage the provisions of any such rule or agreement;
(iv)an order— (a)stopping him at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar; (b)reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise than as a penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d)determining the subsistence the other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof ; or (e)determining his pay and allowance— (i)for the period of suspension; or (ii)for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, timescale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or post, or
(f)determining whether or not the period from the date of suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage, in a time scale of pay to the date of his re-instatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose. |
1.Chief Instructor (Naib-Tehsildar)
2.Superintendent, 3.Assistant
4.Senior Scale Stenographer
5.Instructors (Kanungos) 6.Clerks
7.Mapper |
Commissioner, Jullundur Division
Director Land Records, Punjab |
Financial Commissioner, Revenue
|
APPENDIX ‘D’
(Referred to in Rule 8)
(a) In the case of appointment to the post
of Senior-Scale Stenographer—he is a graduate of a recognised University or
Institution or its equivalent and has a speed of 100 words per minute in
short-hand and a 20 words per minute for transcribing it in type-writing.
(b) In the case of Clerk, has passed a Matriculation Examination of a Recognised University or Institution or its equivalent.
(c) In the case of Mapper, has passed the
Draftsman’s Diploma Course from any Recognised Engineering Institute.
PUNJAB
GOVERNMENT
REVENUE
DEPARTMENRT.
Notification
The 24th
June, 1976.
No. G.S.R. 81/Const./Art. 309 / 76.----In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with section 28 of the Punjab Land Revenue Act, 1887, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for regulating recruitment and conditions of service of persons appointed to the Punjab Kanungo Service (State Service Class III),namely:--
PART
1 –General
1. Short title and commencement - (i) These rules may be called the Punjab Kanungo Service (State Service Class 111), Rules, 1976.
(ii) They shall come into force on the date of their first publication in the official Gazette.
2. Definitions -In these rules, unless the context otherwise requires,-
(a) ’Collector’ means the Collector of a District or the Settlement Officer ;
(b) ‘Commissioner’ means the Commissioner of a Division.
(c) ‘direct appointment’ means an appointment made otherwise than by promotion or by transfer of an official already in the service of a State Government or of Government of India;
(d) ‘Government ‘ means the Punjab Government;
(e) ‘Kanungo’ includes the District Kanungo, Assistant District Kanungo, Office Kanungo, Special Kanungo and Field Kanungo; Settlement Kanungo and Colony Kanungo;
(f) (f) ‘recognised university or institution’ means-----
(i) any university or institution incorporated by law in any of the States of India ; or
(ii) In the case of degrees or diplomas obtained as a result of examinations held before 15th August, 1947, the Punjab, Sind or Dacca University; or
(iii) any other university or institution, which is declared to be a recognised University or institution for the purpose of these rules;
(g) (g) ‘recruiting authority’ means the Punjab Subordinate Services Selection Board or any other authority authorized by the Government to make recruitment of persons to the service;
(h) ‘Service’ means the Punjab Kanungo Service (State Service, Class III)
PART
II—Recruitment to the posts and qualifications
3. 3. Number and character of posts. The service shall comprise the posts shown in Appendix ‘A’ to the rules:
Provided that nothing in these rules
shall affect the inherent right of Government to make additions or reductions
in the number of posts or create new posts with different designations and
scales of pay whether permanently or temporarily.
4. 4. Appointing authority - Appointments to the posts in the Service shall be made by the Collector of the District concerned.
5. 5. Nationality, domicile and character of candidate. (1) No person shall be appointed to the Service, unless he is—
(a) (a) a citizen of India;
(b) (b) a subject of Nepal; or
(c) (c) a subject of Bhutan; or
(d) (d) a Tibetan refugee who came over to India before the 1st January, 1962, with the intention of permanently settling in India; or
(e) (e) a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India.
Provided that a candidate belonging to categories (b), (c), (d), and (e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such candidate will be retained in service subject to his having acquired Indian Citizenship.
(2) (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or an interview conducted by the Collector concerned or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government of India.
(3) (3) No person shall be appointed to the Service by direct recruitment unless he produces 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 unconnected with his university, college, school or institution.
6. 6. Disqualification - No person---
(a) (a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) (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 may, if satisfied that such marriage 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.
7. Age - No person shall be appointed to the Service by direct appointment who is less than 17 years or more than 27 years of age on the date of appointment or such age as may, from time to time be fixed by the Government:
Provided that in case of candidates belonging to Scheduled Castes, Scheduled Tribes and other backward classes the upper age limit shall be such as may from time to time be fixed by the Government.
8. Qualifications. (1) No person shall be appointed to the Service by direct appointment unless :--
1. 1. he has passed the Higher Secondary Examination of recognised university or institution or its equivalent with Punjabi upto Matriculation standard;
2. 2. he has qualified the departmental examination prescribed in Appendix ‘C’ to these rules;
3. 3. he has undergone the training prescribed in Appendix D’ to these rules.
4. 4. No person shall be appointed from amongst the Patwari Moharrir and the Patwaris unless he has qualified the departmental examination in Appendix ‘C’ to these rules:
Provided that if no patwari who has qualified the departmental examination is available in the cadre for promotion, as Kanungo, the Collector may relax this condition and the Patwari so promoted as Kanungo shall have to pass the aforesaid departmental examination within a period of two years of his promotion, failing which he shall be reverted as Patwari.
9. Method of appointment - (1) Appointment to the posts in the Service shall be made-
(i) in the case of District Kanungo, by promotion from amongst Kanungos of the district who have worked as Assistant District Kanungo or Office Kanungo for a minimum period of two years;
(ii) in the case of Kanungos-------
(a) Seventy-five per cent by promotion from amongst Patwari Moharrir and Patwaris of the district ; and
(b) twenty-five per cent by direct recruitment;
(iii) in the case of Patwari Moharrir, by promotion from amongst Patwaris of the district.
(2) All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no member of the Service shall have any right for promotion on the basis of seniority alone.
PART
III—Conditions of service
10. Probation of member of service - Members of the Service shall remain on probation---
(1) for a period of two years if recruited by direct appointment and one year if recruited 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 fixed under the rules;
(b) in the case of an appointment by transfer, any period or work in equivalent or higher rank, prior to the appointment to the Service may, in the discretion of the appointing authority be allowed to count towards the period of probation fixed under these rules; and
(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated, shall on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy.
(2) If in the opinion of the appointing
authority, the work or conduct of a person during the period of probation is
not satisfactory, it may----
(a) if such
person is recruited by direct appointment, dispense with his service, and if
such person is recruited otherwise-------
(i) revert him to his former post, or
(ii) deal with him in such other manner as the terms and conditions of 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 if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy, or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy, or
(b) if his work or conduct has not been in its opinion satisfactory-----
(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 permit, or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the first period of probation.
11. Seniority- (1) Seniority of member of the service shall be maintained district wise and shall be determined by the length of continuous service as Kanungo:
Provided that the district Kanungo shall be senior to all other Kanungos in the district:
Provided further that---------
(i) in the case of members of the Service appointed by promotion on the same date, the member appointed by promotion from Patwari Moharrir shall rank senior to the members appointed by promotion from amongst Patwaris;
(ii) in the case of members of the Service appointed by promotion on the same date from amongst Patwaris seniority shall be determined on the basis of their inter se seniority as Patwaris ;
(iii) in the case of members of the Service appointed by direct recruitment, seniority shall be determined on the basis of order of merit determined by the recruiting authority.
(2) The inter se seniority of the members of the Service appointed by direct recruitment and by promotion shall be determined by giving every fourth post to the member of service appointed by direct recruitment.
12. Pay of members of service - Members of the service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. Scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.
13. Liability for Vaccination and re-vaccination. Every member of the Service shall get himself vaccinated or re-vaccinated when Government so directs by special or general order.
14. Liability of members of service to transfer - A member of the Service may be transferred by the Commissioner to any post whether included in any Service or on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Services Rules, Volume I, Part I.
15. Liability to serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered so to do by the appointing authority.
16 Leave, pension and other matters - In respect of leave, pension and other matters not expressly provided for in these rules, members of the Service shall be governed by such rules, and regulations as may have been or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and the rules made there under.
17. Discipline Penalties and Appeals - (1) In matters relating to discipline, punishment and appeal, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970 as amended from time to time:
Provided that the nature of penalties which nay be imposed the authority, empowered to impose such penalties and the appellate authority shall be as specified in Appendix ‘BI’.
(2) The authority competent to pass an order under rule 5 of the Punjab Civil Services (Punishment and Appeals) Rules, 1970and the appellate authority shall also be as specified in Appendix B-II.
18. Oath of allegiance - Every member of the Service unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.
19. Power to relax - Where the Financial Commissioner, (Revenue), Punjab is of the opinion that it is necessary or expedient so to do, he 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 of persons.
20. Repeal and savings - The Punjab Kanungo Service Rules, 1945, are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
R. S. TALWAR,
Secretary to Government, Punjab.
Revenue Department.
APPENDIX ‘A’
(Referred to in Rule 3 and 12) |
|||||||
|
Name of District |
No. of District Kanungos |
No. of Field Kanungos |
No. of Office Kanungos |
No. of Assistant Kanungos |
No. of Patwari Moharrir |
Special Kanungos Thur |
|
|
Permanent |
Temporary |
||||||
|
1.Bhatinda 2.Sangrur 3.Patiala 4.Kapurthala 5.RoopNagar 6.Hoshiarpur 7.Jullundur 8.Ludhiana 9.Ferozepur 10.Amritsar 11.Gurdaspur 12.Faridkot |
1 1 1 1 1 1 1 1 1 1 1 1
|
12 18 19 9 10 19 18 17 12 19 16 10 |
. . . . . . . . . . . . . . . . . . . . 17 . . |
3 4 5 3 3 4 4 3 3 4 3 3 |
1 1 1 1 1 1 1 1 1 1 1 1 |
1 1 1 1 1 1 1 1 1 1 2 1 |
. . 1 1 . . 1 1 . . . . 1 1 1 . . |
|
1. Pay Scale of District Kanungo Rs.160-10-280/15-400 2.Pay scale of office Kanungo and Assistant Rs.140-6-170/8-210/10-300 with special pay of Rs.15 District Kanungo 3.Pay scale of Field Kanungo Rs.140-6-170/8-210/10-300 4.Pay scale of Patwari Moharrir Rs.110-4-130/5-160/5-200
|
|||||||
|
APPENDIX ‘B’ 1 [Referred to in Rule 17(1)] |
|||||
|
Designation of officials |
Nature of penalty |
Punishing Authority |
Appellate Authority |
Second Appellate Authority |
Authority empowered to entertain revision application |
|
1.District Kanungo 2.Assistant District Kanungo 3.Office Kanungo
4.Field, Settlement, Colony, Special Kanungo 5Patwari Moharrir |
Minor penalties (i)Censure; (ii)withholding of his promotion; (iii)recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; (iv)Withholding of increments of pay. Major penalties (v)Reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay; (vi)reduction to a lower time scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time scale of pay, grade, post or service from which was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service; (vii)Compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the Government ; (ix)dismissal from service which shall ordinarily be a disqualification for future employment under the Government. |
Collector |
Commissioner |
Financial Commissioner, Revenue |
Financial Commissioner, Revenue |
|
APPENDIX ‘B’-II [Rule 17(2)] [Referred to rule 15 of Punjab Civil Services (Punishment and Appeal) Rules, 1970] |
|||
|
Nature of order |
Designation of official |
Authority Competent to pass orders |
Appellate Authority |
|
(1)an order of suspension made or deemed to have been made under rule 4 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (ii)an order enhancing any penalty imposed under rule 17 (1) (iii)an order which— (a)denies or varies to his disadvantage his pay, allowances pension or other conditions of service as regulated by rules or by agreement (b)interprets to his disadvantage the provision of any such rule (iv)an order— (a)stopping him at the efficiency bar in the time scale of pay on his unfitness to the bar; (b)reverting him while officiating in a higher service, grade or post to a lower service, grade or post other wise than as penalty; (c)reducing or withholding the pension or denying the maximum pension admissible to him under the rules; (d)determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof; or (e)determining his pay and allowances— (i)for the period of suspension; or (ii)for the period from the date of his dismissal, removal or compulsory retirement from service, grade, post, time-scale of pay to the date of his retirement or restoration to his service, grade or post; or (f)determining whether or no the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date, of his reinstatement or restoration to his service, grade or post, shall be treated as a period spent on duty for any purpose. |
1.District Kanungo
2.Assistant District Kanungo
3.Office Kanungo
4.Field, Settlement, Colony ,Special Kanungo 5.Patwari Moharrir |
Collector |
Commissioner |
APPENDIX ‘C’
[Rule 8 (ii) ]
Examination
1.An examination of Kanungos shall be held once a year in about the month of June. It will be conducted by the Director of Land records, Punjab. Candidates (Kanungos directly recruited and permanent Patwaris) shall be examined in the following subjects:--
Paper I
(i) Standing orders 1 and 64 (paragraph 6 only).
(ii) Chapters 2, 3, 4 (part D) 7, 9, 10, 18, Paragraph 13, 16, and 20 so far it is connected with statements A, B, and C of the land Records Manual.
(iii) Appendices VII—IX and XXI of Deuies Settlement Manual—120.
Paper
II
Patwari ‘ Mensuration Manual 70
Paper
III
Arithmetic to the Middle School Standard 60
Paper
IV
Urdu Dictation and Caligraphy 50
Paper V
Rural Reconstruction
(for direct recruity only) 60
Total 360.
2. No person shall be considered as having passed examination unless he has obtained 50 per cent marks in each subject. A person who passes in any subject on the first attempt shall not be required to clear that subject again.
3. No person shall be given more than three chances to pass the examination.
Appendix
‘D’
[Rule 8(iii)]
Training
(1) A person directly recruited for appointment to the post of Kanungo shall be required to undergo practical training for one year in the Patwari School, if it is functioning, otherwise he will get this training with an experienced patwari to learn the duties of the mahal patwari. The Collector shall make arrangement for this purpose. After that, he will be attached with an experienced Field Kanungo for six months for training as Kanungo. During this period he will receive a subsistence allowance equal to the minimum of the time scale of the post of Kanungo.
2. Thereafter, he will be appointed as patwari in a district under settlement, or Colony or Killa Bandi or Consolidation of Holdings Operations for six months. If no district is under such operation, he will be posted as Patwari(Mahal) in his own district for a period of six months.
PUNJAB GOVERNMENT
REVENUE DEPARTMENT
NOTIFICATION.
The 4 th January, 1966
No. G.S.R.C.A. 17 /87 /S:-- With reference to the Punjab Government Revenue Department, Notification No, GSR. 225/ C.A.17 /1887 /S.28 / 65.dated the 10th September, 1965, and in exercise of the powers conferred by sub-section (1) of section 28 of the Punjab Land Revenue Act, 1887, the Governor of Punjab is pleased to make the following rules, namely:--
RULES
1. Short title, Commencement and application - (1) These rules may be called the Punjab Revenue Patwaris, Class III Service Rules, 1966.
(2). They shall come in to force at once.
(3) They shall apply to the posts specified in Appendix ‘A’ to these
rules.
2. Definitions. In these rules, unless the context otherwise requires------ (a) ‘Board’ means is Subordinate Services Selection Board, Punjab;
(b) ’Collector’ means the Collector of the
District and includes the Settlement Officer and the Colonization Officer ;
(c) ‘Commissioner’ means the Commissioner of
the Division or any other officer authorised by a general or special order of
Government to perform the functions of the Commissioner;
(d) ‘Direct appointment’ means an appointment
made otherwise than by promotion or by transfer of any official already, in the service of the
State Government.
(e)
‘Financial Commissioner’ means the
Financial Commissioner Revenue
or any other officer authorised by
a general or special order of Government to perform the functions of the
Financial Commissioner ;
(f) ‘Government’ means the Punjab Government in the Administrative Department;
(g) ‘Head of Department’ means the Director or Land Records, Punjab or any other officer who is declared as such ;
(h) ‘Patwari’ means a Revenue Patwari including an Assistant Patwari;
(i) ‘Recognised University’ means---------
(i) any University incorporated by law in any of the States of India ; or
(ii) in the case of degree or diplomas obtained as a result of examination held before the 15th ,August, 1947, the Punjab Sind or Dacca University; or
(iii) any other University which is declared by Government to be a recognised University for the purpose of these rules ;
(iv)‘Service’
means the Punjab Revenue Patwaris (Class III) Service.
3. Number and character of posts - The service shall comprise the posts shown in Appendix ‘A’ to these rules:
Provided that nothing in these rules shall affect the inherent right of the Government to add or reduce the number of such posts or create new posts with different designation and scales or pay whether permanently or temporarily.
4. Mode of acceptance of Patwari candidates. - (1) As and when a requisition is received by Board from the Collector the Board shall recommend to the Collector such number of candidates for acceptance as Patwaris Candidates as the Collector may specify in the requisition.
(2) For the purpose of direct
appointment to the Service a register of Patwari candidates shall be maintained
by the Collector in each district in which the names of Patwari candidates
shall be entered in the order in which they are recommended by the Board.
(3) The number of Patwari candidates that may be enrolled on the register of a district shall be such as may be determined by the Government from time to time.
5. Nationality, domicile, Character and age - (1) No person shall be accepted as a Patwari candidate, unless he is-
(a) a citizen of India , or
(b) a subject of Sikkim, or
(c) a subject of Nepal, or
(d) (a) a subject of Bhutan, or
(e) (b) a Tibetan refugee who came over to India before the 1st January, 1962 with intention of permanently settling in India;
(f) (c) a person of India, origin who has migrated, from Pakistan with the intention of permanently settling in India;
Provided that a candidate belonging to the categories (c), (d), (e) and (f) shall be a person in whose favour a certificate of eligibility has been given by the competent authority, and if he belongs to category (f) the certificate of eligibility will be issued for a period of one year, after which such a candidate will be retained in service subject to his having acquired Indian citizenship.
(2) A candidate in whose case a
certificate of eligibility is necessary may be admitted to an examination or
interview conducted by the Board or other recruiting authority on his
furnishing proof that he has applied for the certificate and he may also
provisionally be accepted as a candidate subject to the necessary certificate
being given to him by the competent authority.
(3) No person shall be accepted as a Patwari candidate unless he produces 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 relative, who are well acquainted with him in his private life and unconnected with his University, college, school or institution.
(4) No person who is less than 17 years or more than 25 years of age or such age as may from time to time be fixed by Government for new entrant into service, shall be accepted as Patwari candidate;
Provided that in the case of
candidates belonging to the Scheduled Castes, Scheduled Tribes or other
Backward Classes, the Maximum age limit shall be such as may be fixed by
Government from time to time.
6. Disqualifications (i) No person, who is more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of taking place during the life time of such spouse shall be eligible for being accepted as a Patwari candidate, and
(ii) No woman, whose marriage is void by
reason of the husband having a wife living at the time of such marriage or who
has married a person who has a wife living at the time of such marriage shall
be eligible for being accepted as a Patwari candidate:
Provided that the Government may, if satisfied that there are special grounds for so ordering, exempt any person from the operation of this rule.
7. Academic Qualifications - No person shall be accepted a Patwari candidate for appointment to the service unless he—
(i) (i) has passed Matriculation or Higher Secondary examination of a recognised University preferably with Agriculture as one of the subjects;
(ii) (ii) Possesses qualification in Hindi and Punjabi upto Middle standard as may be specified by the Government from time to time; and
(iii) (iii) has a good knowledge of a rural economy and culture.
7. 1. (1) Qualifications for appointment - No Patwari candidate shall be eligible for appointment to the service unless he qualifies the Patwari examination after attending the Patwari School for a minimum period of one year, and after training for a period of six months as may be specified by the Collector.
(2) If the candidate fails to pass the Patwari examination within a period of 3 years from the date of his acceptance as candidate his name shall be struck off from the register of candidates.
(3) Nothing in this rule shall apply to a candidate who has already passed the Patwari examination before he is accepted as a candidate and has also undergone practical field training as specified in sub-rule (1).
9. Appointing Authority - Appointing to the Service shall be made by the Collector.
10. Method of Appointment.- (1) Appointment to the Service shall be made:--
(a) in the case of Patwaris :
(i) (i) by promotion from amongst the Assistant Patwaris; or
(ii) (ii) by direct appointment from amongst the accepted patwari candidates, or
(iii) (iii) by transfer of an official already in the service of the State Government, and
(iv) (iv) by absorption of the retrenched or likely to be retrenched officials of the Punjab Consolidation Department (No. G.S.R. 5 P.A.17/ 87 /S.28/Amd (1), dated 7th,January, 1971);
(b) in the case of Assistant Patwaris, by direct appointment, from amongst the accepted Patwari candidates.
(2) When any vacancy arises, the appointing authority shall determine the method in which the same shall be filled in.
(3) All promotions shall be made by selection on the basis of seniority-cum-merit and seniority alone shall not give any right to appointment.
11. 11. Order in which appointments are to be made from amongst candidates- Appointment from amongst Patwari candidates shall be made in the order in which their names appear in the register of Patwari candidates.
Provided that pending receipt of names of candidates from the Board for which a requisition has been sent, the Collector may appoint patwaris on purely temporary basis, for such short duration as may be specified in the order of their appointment or till the candidates recommended by the Board become available, whichever be earlier, from amongst such persons as have already passed patwar examination and undergone the Practical field training as specified in sub-rule (1) of rule 8 and any such appointment shall not confer any right of regular appointment nor shall the period spent on such appointment count for the seniority even if the period of such appointment is followed by regular enrolment under rule 4.
12. Consequence of failure to join appointment - If a candidate, on appointment to the Service, is unable for any reason , other than the orders of Collector, to join his appointment within one month from the date of receipt of orders of appointment, the Collector may cancel the order of appointment and may also remove his name from the register.
13. Removal of name of patwari candidates from register - Without prejudice to the provisions of sub-rule (2) of rule 8, the Collector may at any time order the removal of the name of any person from the register of Patwari candidates for any reason which he may deem fit:
Provided that no order under this rule shall be passed without giving the candidate, whose name is sought to be removed, an opportunity of making any representation that he may desire to make, and unless such representation has been taken into consideration.
14. Probation - (1) Persons appointed to the Service shall remain on probation for a period of two years, if recruited by direct appointment, and one year if recruited otherwise :
Provided that:---
(a) (a) any period, after appointment to the Service spent on deputation on a corresponding or a higher post, shall count towards the period of probation fixed under this rule;
(b) (b) in the case of an appointment by transfer, any period of work on an equivalent or higher 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) (c) any period of officiating appointment in the Service shall be reckoned as a period spent on probation but no member who has thus officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent post.
(2) If the work or conduct of a person appointed to the Service during the period of probation is in the opinion of the appointing authority, not satisfactory, it may:---
(a) (a) dispense with his services, if recruited by direct appointment; or
(b) (b) if recruited otherwise;
(i) (i) revert him to his former post; or
(ii) (ii) deal with him in such other manner as the terms and conditions of his previous appointment permit.
(3) (3) On completion of the period of probation of a person, the appointing authority may,-
(a) if his work or conduct has, in the opinion, been satisfactory,-
(i) confirm such person from the date of his appointment if appointed against a permanent vacancy, or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy, or
(b) (b) if his work or conduct has not been, in its opinion, satisfactory:-
(i) (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 permit, or
(ii) (ii) extend his period of probation and thereafter pass such orders 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.
15. Seniority. The seniority inter se of members of service in each cadre shall be maintained district-wise and shall be determined by the length of continuous service on a post in that cadre:
Provided that in the case of two or more members appointed on the same date, their seniority shall be determined as follows:--
(a) a member recruited by direct appointment shall be senior to a member recruited otherwise;
(b) a member appointed by promotion shall be senior to a member appointed by transfer;
(c) in case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred; and
(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member who was drawing a higher rate of pay in his previous appointment, if the rate of pay drawn are also the same then by their length of such service in those appointments and if the length of such service is also the same, an older member shall be senior to a younger member.
Note1.—This rule shall not apply to persons appointed purely provisional basis pending their passing the qualifying tests.
Note2—In the case of
members whose period of probation is extended under rule 14, the date of
appointment for the purpose of this rule shall be deemed to have been deferred
to the extent the period of probation is extended.
16. Pay. The members of Service shall be entitled to such
scales of pay including special pay, if any as maybe authorised by Government from time to time. The scales of pay at present in force in
respect of specified posts are given in ‘Appendix ‘A’ to these rules.
17. Conduct. (1) In matters relating to conduct, the members of the Service shall be governed by the Government Servants Conduct Rules, 1966, as amended from time to time.
(2) Unless the Collector for reasons to be recorded in writing considers imposition of punishment lesser than dismissal, a member of the Service shall be liable to dismissal,-
(a) if he engages in trade or lends money to agriculturists or has any interest, direct or indirect, in such transaction either in his own circle or in any other circle; or
(b) (b) if he purchases land at auction sale without the previous sanction of the Head of Department. Such land shall be deemed to include agricultural land and land in town sites auctioned for building or other purposes ; or
(c) (c) if he receives any fee not authorised by instructions issued by the Government for the performance of any of his duties; or
(d) if he without sufficient cause fails to enter in the register of mutations:-
(i) any case of inheritance within three months of the entry of the death of the right holder in the Chaukidar’s register ;
(ii) any transfer by registered deed within one month of the receipt of the registration memorandum from the Field Kanungo ;
(iii) any case of consolidation of holdings within three months from the date of receipt of an order passed under section 21 or 42 of the East Punjab Holdings ( Consolidation and Prevention of Fragmentation) Act, 1948 ;and
(iv) any transfer by unregistered deed or by verbal transfer within six months of the date of the transaction, unless he can prove that he had no means of discovering the transfer at the first harvesting inspection which was made after the said date, or
(e) if he fails to produce the records when called upon by the consolidation staff unless he can give cogent reasons for not producing them; or
(f) if he introduces a client to a legal practitioner or in any way acts as an intermediary between inhabitants of his circle and legal practitioners, whether or not it is proved that he requested for or accepted any remuneration.
(g) if he fails to perform any duty entrusted to him by the Government not inconsistent with his overall role as a revenue official at the village level.
18. Discipline punishments and appeals. 18. (1) Save as otherwise provided in these rules, in matters relating to discipline , punishment, appeals and revisions, the members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1952, as amended from time to time subject to the modifications given in Appendix ’B’ to these rules:
Provided that the nature of penalties which may be imposed the authority empowered to impose such penalties, the appellate authority and second appellate authority shall be as specified in Appendix ‘C’ ,to these rules.
(2) The authority competent to pass an order under clauses © and (d) of sub-rule (1) of rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952, and the appellate authority shall also be as specified in Appendix ‘D’ to these rules.
19. Pension, Leave, travelling allowance and other matters. In respect of leave, pension, general provident fund, travelling allowance, compensatory allowance, joining time, subsistence allowance and all other matters not expressly provided for in these rules, the members of the service shall be governed by such rules and regulations as may have been or may hereafter be adopted or framed under the Constitution of India, or any law or rules made thereunder for other Class III Government employees.
20. Liability to transfer. Every member of the Service shall be liable to transfer under the orders of :--
(i) (i) Collector any where within the District, or
(ii) (ii) Head of Department anywhere within the State, or
(iii) (iii) Government anywhere within India under the administrative control of the Punjab Government.
21. Power to relaxation.
Where the Government is of the opinion that it is necessary or 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 of persons.
22. Repeal and saving. The rules contained in paragraphs 3.2 to 3.12, 3.24 to 3.28, 3.38 to 3.46 to 3.47, 3.54, 3.56-A, 3.58, 3.60 and 3.61 of the Punjab Land Records Manual are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
A. L. FLETCHER
Secretary to Government Punjab,
Revenue department.
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APPENDIX ‘A’ 1.Designatoin of the post
Scale of pay (i)Patwaris Rs.60-4-80/5-120/5-175 (ii)Assistant Patwaris Rs.50-3-80/4-100 (2)Number of posts in each district:- |
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SN District |
Patwaris |
Assistant Patwaris |
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1. Hissar 2.Rohtak 3.Gurgaon 4.Karnal 5.Ambala 6.Simla 7Kangra 8Hoshiarpur 9.Jullundur 10.Ludhiana 11.Ferozepur 12.Amritsar 13.Grudaspur 14.Patiala 15.Sangrur | ||