HARYANA INDUSTRIES AND COMMERCE (GROUP A) SERVICE RULES, 2016

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the Governor of Haryana hereby makes the following rules regulating the recruitment and conditions of service of persons appointed to the Haryana Industries and Commerce (Group A) Service, namely:--

PART 1 - GENERAL

Rule - 1. Short title.--

These rules may be called the Haryana Industries and Commerce (Group A) Service Rules, 2016.

Rule - 2. Definitions.--

In these rules, unless the context otherwise requires,-

(a)      "Administrative Secretary" means the Additional Chief Secretary or Principal Secretary to Government of Haryana, Industries and Commerce Department, as the case may be;

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

(c)      "direct recruitment" means an appointment made otherwise than by promotion from within the Service or by transfer/deputation of an officer already in the service of the Government of India or any State Government;

(d)      "Director" means the Director General or Director of Industries and Commerce, Haryana, as the case may be;

(e)      "Government" means the Government of the State of Haryana in the administrative department;

(f)       "institution" means, -

(i)       any institution established by law in force in the State of Haryana; or

(ii)      any other institution recognized by the Government for the purpose of these rules;

(g)      "recognized university" means,-

(i)       any university incorporated by law in India; and

(ii)      any other university, which is declared by the Government to be a recognized university for the purpose of these rules; and

(h)     "Service" means the Haryana Industries and Commerce (Group A) Service.

PART II-RECRUITMENT TO SERVICE

Rule - 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 make additions to or reduction in, the number of such posts or to create new posts with different designations and scales of pay, either permanently or temporarily.

Rule - 4. Nationality, domicile and character of candidates/recruited to Service.--

(1)     No person shall be appointed to any post in the service, unless he is,-

 

(a)      a citizen of India; or

 

(b)      a subject of Nepal; or

 

(c)      a subject of Bhutan:

Provided that a person belonging to any of the categories (b) or (c), shall be person in whose favour a certificate of eligibility has been issued by the Government.

(2)     A person in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or any other recruiting authority but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.

 

(3)     No person shall be appointed to any post in 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 other responsible persons, not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college or institution.

Rule - 5. Age.--

No person shall be appointed to the service by direct recruitment who is less than twenty one years or more than forty-two years of age on the last day of the submission of application to the Commission or recruiting authority.

Rule - 6. Appointing authority.--

Appointment to the posts in the Service shall be made by the Government.

Rule - 7. Qualifications.--

No person shall be appointed to any post in the Service unless he possesses qualifications and experience specified in column 3 of Appendix B to these rules in case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of appointment other than by direct recruitment:

Provided that where sufficient number of candidates belonging to the scheduled castes, backward classes, other backward classes, ex-servicemen and differently-abled candidates possessing the prescribed requisite experience are not available to fill up the vacancies reserved for them by direct recruitment, the Commission or any other recruiting authority may relax the qualifications regarding experience to the extent of 50 percent after recording the reasons for doing so in writing.

Rule - 8. Disqualifications.--

No person,-

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

(b)      who having a spouse living, has entered or contracted a marriage with any person, shall be eligible for appointment to any post in 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.

Rule - 9. Mode of recruitment.--

(1)     Recruitment to the Service shall be made,-

 

(i)       District Industries Centre Cadre:

 

(a)      In the case of Additional Director,-

 

(i)       by promotion from amongst the Joint Directors/Deputy Directors(Industrial Promotion, Project, Statistics):

Provided that in case no Joint Director is available then the promotion shall be made amongst Deputy Directors (Industrial Promotion, Project, Statistics); or

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India.

 

(b)      In the case of Joint Director,-

 

(i)       by promotion from amongst the Deputy Director (Industrial Promotion), Deputy Director (Projects), Deputy Director (Statistics); or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

 

(c)      In the case of Deputy Director (Industrial Promotion),-

 

(i)       50% by direct recruitment; and

 

(ii)      50% by promotion from amongst the Assistant Directors (Industrial Promotion); or

 

(iii)     by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(a)      In the case of Deputy Director (Projects),-

 

(i)       50% by direct recruitment; and

 

(ii)      50% by promotion from amongst the Assistant Director (Projects); or

 

(iii)     by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(b)      In the case of Deputy Directors (Statistics),-

 

(i)       50% by direct recruitment; and

 

(ii)      50% by promotion from amongst the Assistant Directors (Statistics); or

 

(iii)     by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(c)      In the case of Deputy Director (Legal),-

 

(i)       by promotion from amongst the Assistant Director (Legal); or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(d)      In the case of Establishment Officer,-

 

(i)       by promotion from amongst the Superintendent/Private Secretary; or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(ii)      Quality Marking Centre Cadre:

 

(a)      In the case of Additional Director (Technical),-

 

(i)       by promotion from amongst the Joint Director (Technical)/Joint Director (Chemical Engineering)/Deputy Director (Technical, Chemical Engineering):

Provided that in case no Joint Director (Technical) and Joint Director (Chemical Engineering) is available then the promotion shall be made from amongst the Deputy Directors (Technical, Chemical Engineering); or

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

(b)      In the case of Joint Director (Technical),-

 

(i)       by promotion from amongst the Deputy Director (Technical); or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(c)      In the case of Joint Director (Chemical Engineering),-

 

(i)       by promotion from amongst the Deputy Director (Chemical Engineering);or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(d)      In the case of Deputy Director (Technical),-

 

(i)       50% by direct recruitment; and

 

(ii)      50% by promotion from amongst the Assistant Directors (Technical); or

 

(iii)     by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(e)      In the case of Deputy Director (Chemical Engineering),-

 

(i)       50% by direct recruitment; and

 

(ii)      50% by promotion from amongst the Assistant Directors (Chemical Engineering), Assistant Directors (Textile); or

 

(iii)     by transfer or deputation of an officer already in the service of any State Government or the Government of India.

(iii)     Boiler Cadre:

 

(a)      In the case of Joint Director-cum-Chief Inspector of Boiler,-

 

(i)       by promotion from Deputy Director-cum-Deputy Chief Inspectors of Boilers; or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India;

 

(b)      In the case of Deputy Director-cum-Deputy Chief Inspector of Boilers,-

 

(i)       by promotion from amongst the Assistant Director-cum-Inspectors of Boilers; or

 

(ii)      by transfer or deputation of an officer already in the service of any State Government or the Government of India.

(2)     All promotions unless otherwise provided, shall be made on merit-cum-seniority basis and seniority alone shall not give any right to such promotions.

 

(3)     Unless otherwise provided, if any vacancy occurs or is above to occur, the Government shall determine the method by which the same shall be filled in.

Rule - 10. Probation.--

(1)     Person appointed to any post in the Service shall remain on probation for a period of two years, if appointed by direct recruitment and one year, if appointed otherwise:

Provided that:-

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

 

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

 

(c)      any period of officiating appointment 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 appointed by direct recruitment, dispense with his services; and

 

(b)      if such person is appointed otherwise than by direct recruitment,-

 

(i)       revert him to his previous 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 the 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)      If his work or conduct has in its opinion, been not satisfactory,-

 

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

 

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

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

Rule - 11. Seniority.--

Seniority inter se of the members of the Service shall be determined by the length of Seniority continuous service on any post in the Service:

Provided that where there are different cadres in the Service, the seniority shall be determined separately for each cadre:

Provided further that in the case of members appointed by the direct recruitment, the orders of merit determined by the Commission shall not be disturbed in fixing the seniority:-Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follow:-

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

 

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

 

(c)      in the case of members appointed by promotion or by transfer, seniority shall be determined, according to the 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, and if the rate of pay drawn are also the same, then by the length of their service in the appointments, and if the length of such service is also the same, the older member shall be senior to the younger member.

Rule - 12. Procedures for assessment of Annual Confidential Report and Seniority for promotion.--

(1)     Promotion to the higher post shall be considered through the Departmental Promotion Committee on merit-cum-seniority. The merit-cum-seniority shall be determined on the basis of Annual Confidential Reports (70% weightage) and Seniority (30% weightage). Administrative Secretary shall be the Chairman of the Departmental Promotion Committee for promotion to all Group A posts.

 

(2)     Annual Confidential Reports (70 % weightage),-

Merit of a person to be considered for promotion shall be based on points earned in the Annual Confidential Reports (ACRs). Of the total 100 points, weightage of Annual Confidential Reports shall be of 70 points and these points shall be calculated as per following:-

(3)     Illustrations:-

 

(i)       An Officer can earn all the 10 ACRs as outstanding resulting into 100 points to his credit which is the maximum cap. Therefore, this maximum possible earning of 100 points is treated equivalent to 70% weightage. Consequently, the points earned by an employee less than 100 points shall be reduced proportionately. The formula for calculation of the points would be as under:-

 

(i)       ACR points earned during last 10 years x 70 (weightage) = Points to be awarded/100 (maximum possible mark)

 

(ii)      In case an officer has completed 10 years of service since his last date of promotion, his total score on the ten ACRs shall be arrived at out of the 70 points on ACR parameter. On the other hand, if an officer has completed less than 10 years, say, 7 years since his last date of appointment, all his seven ACRs shall be taken into account and his score on ACR parameter out of 70 points shall be arrived at in the following manner:-

 

(i)       ACR points earned during last 7 years x 70 (weightage) = Points to be awarded/7x10

 

(4)     Seniority (30 % weightage), An officer who has just completed minimum qualifying number of years of service for promotion shall be allowed zero point against seniority and 3 points for each year above the qualifying number of years of service on the feeder cadre shall be allowed subject to a maximum of 30 points. Period of more than 6 months shall be treated as one year while less than six months shall be ignored.

No person shall be allowed promotion to the next higher post if his overall score is less than 65 points out of 100 points on Annual Confidential Reports, and seniority.

NOTE:- Any officer found fit for promotion after qualifying the above criteria, the seniority of the feeder cadre shall not be disturbed. However, if an officer in the consideration zone is not promoted in the present panel and is promoted subsequently, he shall be placed junior to the candidates who were earlier promoted and shall not claim his seniority which he was enjoying in the feeder cadre.

Rule - 13. Liability to serve.--

(1)     A member of the Service shall be liable to serve at any place, whether within or outside the State of Haryana, on being ordered so to do by the appointing authority.

 

(2)     A member of the Service may also be deputed to serve under:-

 

(i)       a company, Association or a Body of individuals whether in corporate or not, which is wholly or substantially owned or controlled by the State Government, a Municipal Corporation or Local Authority within the State of Haryana;

 

(ii)      the Central Government or a company, Association or a Body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government; or

 

 

(iii)     any other State Government, an International Organization, an Autonomous body not controlled by the Government or a private body:

Provided that no member of the Service shall be deputed to the Central or any other State Government or any Organization or Body referred to in clause (ii) or clause (iii) except with his consent.

Rule - 14. Pay, leave pension and other matters.--

(1)     In respect of pay, 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 made by the competent authority under the Constitution of India or under any law, for the time being in force made by the State Legislature.

 

(2)     Any Government employee who retires from a service or post shall be eligible to add to his service qualifying for superannuation pension (but not for any other class of pension),-

 

(i)       the actual period not exceeding one-forth of the length of his service; or

 

(ii)      the actual period by which his age at the time of recruitment exceeds twenty-five years; or

 

(iii)     a period of five years, whichever is less, if the service or post to which the Government employee is appointed is one,-

 

(a)      for which post-graduate research of specialist qualification, or experience in scientific, technological or professional fields is essential; and

 

(b)      to which candidate of more than twenty-five years of age are normally recruited:

Provided that this concession shall be admissible to a Government employee,-

(i)       appointed by direct recruitment and not by promotion;

 

(ii)      who has actual qualifying service of ten years or more at the time of superannuation retirement.

 

(iii)     appointed to a post, the recruitment rules of which contain a specific provision that the service or post is one which carries the benefit of this rule.

(3)     The concession referred to sub-rule (2) shall also be admissible on subsequent appointment from any other post to such a post in the same or any other department:

Provided that the Government employee shall be entitled either to count his past qualifying service for superannuation pension or to get concession under sub-rule(2). He shall exercise an option to this effect within one year from the date of joining. The option once exercised shall be final.

Note:- The decision to grant the concession under this rule shall be taken within two years from the date of recruitment by the administrative department in consultation with the Finance Department.

Rule - 15. Discipline, penalties and appeal.--

(1)     In matter relating to discipline, penalties and appeals, members of the Service shall be governed by the Haryana Civil Services (Punishment and Appeal) Rules, 2016, 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, subject to the provisions of any law or rules made under article 309 of the Constitution of India, be such as are specified in Appendix C to these rules.

(2)     The authority competent to pass an order under clause (c) and clause (d) of rule 9 of the Haryana Civil Services (Punishment and Appeal) Rules, 2016, and the appellate authority shall also be as specified in Appendix D to these rules.

Rule - 16. Vaccination.--

Every member of the Service shall get himself vaccinated and revaccinated if and when the Government so directs by a special or general order.

Rule - 17. 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.

Rule - 18. Power of relaxation.--

Where the Government is of the opinion that it is necessary or expedient to do so, it may, by order, and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

Rule - 19. Special provision.--

Notwithstanding anything contained in these rules the appointing authority may impose special terms and conditions in order of appointment if it is deemed expedient to so.

Rule - 20. Reservations.--

Nothing contained in these rules shall affect reservations and other concessions required to be provided for Schedules Castes and Backward Classes, Ex-Servicemen, Physically Handicapped persons or any other class or category of persons in accordance with order issued by the State Government from time to time.

Rule - 21. Repeal and savings.--

The Haryana Industries (Group A) Service Rules, 1986 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.

APPENDIX A

(See rule 3)

Note:- The District Revenue Officer shall be posted against the post of Revenue Officer on transfer or deputation basis from the Revenue Department, Haryana on an analogous pay scale.

APPENDIX B

(See rule 7)

APPENDIX C

(See rule 15 (1))

APPENDIX D

(See rule 15 (2))