HARYANA CIVIL SERVICES
(EXECUTIVE BRANCH) AND ALLIED SERVICES AND OTHER SERVICES AND OTHER SERVICES
COMMON/COMBINED EXAMINATION ACT, 2002 [1]THE HARYANA CIVIL SERVICES (EXECUTIVE BRANCH) AND ALLIED
SERVICES AND OTHER SERVICES AND OTHER SERVICES COMMON/COMBINED EXAMINATION ACT,
2002 [Act No. 4 of 2002] [27th March, 2002] Year No. Short title Whether repealed
or otherwise affected by legislation 1 2 3 4 2002 4 The Haryana
Civil Services (Executive Branch) and Allied Services and Other Services and
Other Services Common/ Combined Examination Act, 2002 Amended by
Haryana Act 25 of 2002[2] AN ACT to provide for holding of Common/Combined Examination of
direct recruitment to Haryana Civil Services (Executive Branch) and Allied
Services and Other Services. Be it
enacted by the Legislature of the State of Haryana in the Fifty-third Year of
the Republic of India as follows: - (1)
This Act may be called the Haryana Civil
Services (Executive Branch) and Allied Services and other Services
Common/Combined Examination Act, 2002. (2)
It shall be deemed to have come into force
with effect from the 29th August, 1989 and shall cover recommendations made by
the Commission after that date except section 5 of this Act which shall come
into force at once. (3)
It shall apply to those persons who have been
or are appointed or offered appointment to the services/posts recruitment to
which is made by holding Common/Combined Examination. In
this Act, unless the context otherwise requires, - (i)
?Allied Services? means the Services shown in
Appendix-A; (ii)
?Appendix? means an Appendix appended to this
Act; (iii) ?Commission? means the Haryana Public Service Commission
or Haryana Staff Selection Commission or both and shall include Subordinate
Services Selection Board, Haryana; (iv)
?Common/Combined Examination? means the
competitive examination conducted by the Commission which any be comprising of
written examination and/or interview/viva voce/personality test or any other
mentioned adopted by the Commission for recruitment to services/posts of more
than one category; (v)
?Other Services? means the services/posts
recruitment to which is made by holding Common/Combined Examination, but does
not include the services/posts shown in Appendix A; (vi)
?Haryana Civil Services (Executive Branch)?
means the State Civil Services (Executive Branch) or Extra Assistant
Commissioner (Under Training), as the case may be; (vii) ?Direct Recruitment? means in the case of Haryana Civil
Services (Executive Branch) out of register B of Punjab Civil Services
(Executive Branch) Rules, 1930, as applicable to the State of Haryana and in
the case of Allied Services and Other Services, recruitment by open competition
but does not include- (a)
appointment by promotion; or (b)
appointment by transfer of an officer already
in the service of any State Government or the Government of India; (viii) ?State Government? means the Government of the State of
Haryana. (ix)
?waiting list? means recommendation(s) of
additional name(s) by the Commission for appointment to a service/post over and
above the advertised posts. The
executive instructions contained in circulars No. 814-GS-37/3237-S. dated June,
1937, No. 4596/1178-GS-37/9276, dated 10th September, 1937, No. 1673-G-II 56,
dated 22nd March, 1957, No. 2311-GSE-72/16727, dated 26th May, 1972, No.
66/32/88-7GSI, dated 28th October, 1993 and No. 66/80/97-7GSI, dated 27th
February, 1998 and the notification No. G.S.R./Const. Art. 309/2002, dated 28th
March, 2001, are hereby repealed. (1)
No appointment shall be made to any post or
service to which this Act applies beyond the number of posts advertised. (2)
Notwithstanding anything to the contrary
contained in any judgement, order, decree or decision of a court of law, Act,
rule, regulation or executive instructions, no candidate, from the date of
commencement of this Act, shall, on the basis of his merit or placement in a
Common/Combined Examination, have right to seek appointment to Haryana Civil
Services (Executive Branch) and Allied Services or Other Services beyond the
number of advertised posts. (3)
The State Government shall not be competent
to offer appointment to a candidate, who is placed in the waiting list or who
claims himself to be in the waiting list on the basis of Common/Combined
Examination, for a post for which his name was not recommended by the
Commission: Provided
that if a candidate has been appointed or offered appointment over and above
advertised posts for any reason, the services of such candidate shall be
dispensed with. However, he shall be entitled to be appointed to the
service/post, if any, for which his name was originally recommended by the
Commission: Provided
further that no recovery of higher salary, emoluments or any other financial
benefits drawn by such candidate as a result of his appointment in excess of
the advertised posts, shall be made from him but his pay shall be fixed in the
scale of the post to which he is found entitled for appointment under this Act. (4)
The State Government may offer appointment to
the candidates to Haryana Civil Services (Executive Branch) and Allied Services
or Other Services, as the case may be, to the extent of number of advertised
posts only. However, no candidate shall be offered appointment even to the
extent of number of advertised posts, if his name is not recommended by the
Commission or if he does not fulfil the eligibility condition laid down by the
State Government for appointment to that service/post by way of service rules,
regulations or executive instructions, as the case may be. (1)
The State Government may, by notification in
Official Gazette, make rules for laying down the procedure required to be
followed by the Commission for holding Common/Combined Examination. (2)
Every rule made under this Act shall be laid
as soon as may be after it is made before the Legislative Assembly while it is
in session for a total period of fourteen days which may be comprised in one
session or in two or more successive sessions and if before the expiry of the
session in which it is so laid or the sessions immediately following
Legislative Assembly agrees that the rules should be either modified or
annulled, the rules shall thereafter have effect only in such modified form or
be of no effect, as the case may be, so however, that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under those rules. Notwithstanding
any judgement, decree, decision or order of any court, anything done or action
taken under the Haryana Civil Services Holding of Common/Combined Examination
for the Direct Recruitment to the posts of Haryana Civil Services (Executive
Branch) and Allied Services and Other Services Rules, 2001 which is not
inconsistent with the provisions of this Act shall be deemed to be valid and
effective as if such thing or action has been done or taken under the
corresponding provisions of this Act. [3] [?APPENDIX A?] [See section 1(3) and 2(i), (v) and (vi)] 1.
Deputy Superintendent of Police 2.
Excise and taxation Officer. 3.
District Food and Supplies Controller 4.
?A? Class Tehsildar 5.
Assistant Registrar, Co-operative Societies 6.
Assistant Excise and Taxation Officer 7.
Block Development and Panchayat Officer 8.
Traffic Manager 9.
District Food and Supplies Officer 10.
Assistant Employment Officer.
Preamble - HARYANA CIVIL SERVICES (EXECUTIVE
BRANCH) AND ALLIED SERVICES AND OTHER SERVICES AND OTHER SERVICES
COMMON/COMBINED EXAMINATION ACT, 2002
PREAMBLE