In exercise of the powers
conferred by Article 318 of the Constitution of India, the Governor of Haryana
hereby makes the following regulations, namely:- (1) These
regulations may be called the Haryana Public Service Commission (Conditions of
Service) Regulations, 2018. (2) They
shall come into force with effect from 1st January, 2016. (1) In these
Regulations, unless the context otherwise requires,- (a) "Chairman"
means the Chairman of the Commission and includes an acting Chairman appointed
by the Governor under article 316 (1-A) of the Constitution of India; (b) "Commission"
means the Haryana Public Service Commission; (c) "Governor"
means the Governor of the State of Haryana; (d) "Member"
means a member of the Commission and includes the Chairman thereof; (e) "Pensioner"
means an Ex-Member who is drawing Pension under regulations 13 of these regulations
and does not include to those ex-members who are drawing both retiring pension
and additional pension; (2) The words
and expressions not defined in these regulations but defined in Haryana Civil
Services Rules, 2016 shall have the same meaning as respectively assigned to
them in the said rules. The Commission shall consist of a
Chairman and eight Members to be appointed by the by the Governor. Every Member shall on appointment
be required to take the Oaths in the forms laid down in Appendix A to these
regulations. A person who immediately before
the date of his appointment as Member was in service in a Department or
Constitutional/Statutory/Local or any other Body wholly or substantially owned
or controlled by a State or Central Government shall seek voluntary retirement
before assuming office as Member and be retired voluntarily by the competent
authority with immediate effect by curtailing the notice period of three
months. He shall be entitled to draw his retiring pension and other retiral
benefits separately under the rules applicable to the service to which he
belonged from the concerned department/organization from the following day of
voluntary retirement. The pay scales of the Chairman
and the Members shall be equal to that of the Chief Secretary to Government
Haryana and the Principal Secretary to Government, Haryana, respectively. (1) A person,
who is drawing a retiring pension from any constitutional, statutory or any
other body wholly or substantially owned or controlled by a State Government or
Government of India, shall be entitled to draw pay from the date of his
appointment as-- (i) Chairman,
equal to minimum of the prescribed pay level minus retiring pension (including
commuted portion of pension, if any) fixed/revised from or after the 1st
January, 2016 or from the date of appointment as Chairman, whichever is later;
and (ii) Member,
equal to minimum of the prescribed pay or last drawn pay, whichever is more,
minus retiring pension (including commuted portion of pension, if any)
fixed/revised from or after the 1st January 2016 or from the date of
appointment as Member, whichever is later. If the same cell equal to last drawn
pay is not available then the pay shall be fixed at the next cell in the pay
level but not more than maximum of the prescribed pay level. Explanation.-- Last pay
drawn' means basic pay in the pay scale/pay level only and does not include any
other component, e.g. Non-Practising Allowance, Personal Pay, Special Pay, etc. (2)
A Member who has availed the benefit of Contributory Provident
Fund/Employees Provident Fund/ New Pension Scheme or any other Scheme in lieu
of normal pension for the period of qualifying service rendered by him in any
constitutional, statutory or any other body wholly or substantially owned or
controlled by a State Government or Government of India before his appointment
in the Commission, the amount equal to 50% of his last drawn pay shall be
treated his deemed retiring pension for the purpose of fixation of pay under
clause (1) above. (3)
After fixation of initial pay of the Member under sub-clause (ii)
of clause (1) of this regulation, an annual increment shall be admissible
either on the 1st January or the 1st July subject to completion of minimum six
months qualifying service before the due date of increment. No annual increment
shall be admissible above the maximum of prescribed pay level. (4)
A person who-- (i) has
retired from service while drawing pay in the pre-revised pay scale remained in
existence prior to the 1st January, 2016; or (ii) is
drawing a pre-revised retiring pension fixed prior to the 1st January, 2016, is
appointed a Member, his last pre-revised pay and/or pre-revised pension shall
notionally be re-fixed in the corresponding rules applicable to IAS Officers or
Pensioners, as the case may be, for the purpose of fixation of pay under clause
(1). The dearness allowance shall be
admissible at the rate determine by the Government from time to time for IAS
officers on the actual basic pay fixed under rule 7. A member who, in the absence of
the Chairman on leave or otherwise, performs the additional duties of the
Chairman shall be entitled to draw pay admissible to Chairman for that period: Provided that such pay shall be
admissible if additional duties are performed for a period of not less than
fourteen days. (1) Casual
Leave of 20 days in a calendar year, Earned Leave of 15 days on 1st January and
1st July every year and Half Pay Leave of 20 days on completion of one year
service as Member, shall be admissible. (2) Extraordinary
leave shall be granted subject to a maximum of three months at any one time: Provided that all or any two of
these kinds of leave may be granted in combination upto a maximum of six months
at any one time. (3)
Commuted Leave, on full pay not exceeding half the amount of Half
Pay Leave due, and Extraordinary Leave shall be admissible on production of
medical certificate issued by the competent medical authority of a Government
Hospital or Hospital approved by Health Department, Haryana, from time to time
for the purpose of re-imbursement of medical expenses. (4)
The competent authority for grant of leave shall be the Governor
of Haryana. (5)
This provision shall be applicable to all the Members irrespective
of the fact he was already in service or not. (6)
No benefit of carry forward of leave shall be admissible to a
person who was already in service in Haryana Government or any other State
Government or Government of India before his appointment as Member of the
Commission. (1) Save as
otherwise provided in these regulations, a Member shall be entitled to the
benefit of leave encashment of unutilized earned leave and half pay leave
standing at his credit total upto 180 days on the date of ceasing to hold
office or termination due to abolition of post provided the total benefit of
leave encashment availed from any Department or Organization under any
Government including Haryana Government at the time of quitting service from
that Government shall not exceed 300 days or up to the limit specified by
Government from time to time for IAS officers on their retirement on
superannuation. (2) This
benefit shall not be admissible in case of removal from service. (3) In case
of resignation from service, leave encashment shall be restricted to the extent
of half of the leave admissible under sub-rule (1) above. A person who was previously in pensionable
or non-pensionable service in any Department or any constitutional, statutory
or any other body wholly or substantially owned or controlled by a State
Government or Central Government, shall not be entitled to any additional
pension or gratuity for the period of service of the Commission. Further, he
shall not be entitled to avail any benefit of past service towards pension or
leave in the Commission. (1) Subject
to the provisions of these regulations, a person who before his appointment as
Member was not in service in any Department or any constitutional, statutory or
any other body wholly or substantially owned or controlled by a State
Government or Central Government shall, on his ceasing to hold office be paid a
pension for his life at the rate of 1/40th of the last drawn pay per month for
each one year qualifying service as Chairman or Member subject to minimum nine
months' qualifying service. The period of qualifying service equal to nine
months and above shall be treated one year and period of three months' but less
than 9 months will be treated half year's qualifying service and period less
than three months qualifying service shall be ignored for the purpose of
calculation of qualifying service. The pension worked out under this rule shall
be rounded to next multiple of ten. Note.-- The condition of minimum
qualifying service for the purpose of pension and death-cum-retirement gratuity
for IAS officers shall not be applicable. (2)
Dearness relief on pension shall be admissible equal to the rate
prescribed by Government from time to time for those who are drawing retiring
pension from Haryana Government. (3)
Retirement Gratuity shall, on ceasing to hold the office, be admissible
@ 1/4 month's emoluments (last drawn pay plus dearness allowance) for each half
year's qualifying service. (4)
No pension and Retirement Gratuity shall be admissible in case of
resignation, removal or dismissal from office. (5)
No family pension shall be admissible to the family members in
case of death of a Member while in service or after ceasing to hold the office. (6)
An additional pension on attaining the age of 80, 85, 90, 95 and
100 year shall be admissible on the same terms and conditions as prescribed by
Government in respect of the IAS pensioners. (7) Pension
forms for sanction of pension shall be the same as applicable to Haryana
Government employees. Travelling Allowance and Daily
Allowance to Chairman and Members shall be admissible when travelling on duty,
equal to the rate and terms and conditions as applicable to the Chief Secretary
and Principal Secretary to Government, Haryana respectively. The Chairman and Members shall be
entitled to Government accommodation of the same category and under the same
terms and conditions applicable to the Chief Secretary to Government, Haryana
and Principal Secretary to Government Haryana respectively. When a Member does
not want to avail Government accommodation or residing in his own house or hire
a private accommodation shall be entitled to house rent allowance at the rate
and terms and conditions determined by the Government for IAS officers from
time to time. The facility of medical
re-imbursement for treatment shall be admissible to the Members and only those
Ex-Members of the Commission who are pensioners under these regulations, equal
to the rate and terms and conditions as applicable to IAS officers and IAS
Pensioners of Haryana Government, as the case may be. Travel Concession to the Chairman
and Members of the Commission shall be admissible equal to the rate and terms
and conditions applicable to the Chief Secretary and Principal Secretary to
Government, Haryana, respectively. The Chairman and Members shall be
entitled to an air-conditioned staff car on the same terms and conditions as
are applicable to Chief Secretary to Government, Haryana and Principal
Secretary to Government, Haryana respectively. (1) The Staff
of the Commission shall consist of a Secretary and such number of other
officials, on such scales of pay, as the Governor may from time to time
determine and their conditions of service shall be such, as may be determined
by the Service Rules framed for the purpose. (2) The
Secretary to the Commission shall belong to the cadre of the I.A.S. or H.C.S.
Officers and shall be appointed by the Governor after consultation with the
Commission. (3) Besides
basic pay, the Secretary shall be entitled to such special pay, if any, as the
Governor may fix. (4) In all
matters relating to pay, leave, discipline, etc. the Secretary shall be
governed by the rules of the service to which he belongs. In respect of any matter
pertaining to terms and conditions of service for which no provision has been
made in these regulations, the Chairman and Member of the Commission shall be
governed by the rules and orders applicable to the Chief Secretary to
Government Haryana and Principal Secretary to Government Haryana, respectively
or as specified by the Governor. The Haryana Public Service
Commission (Conditions of Service) Regulations, 1972 are hereby repealed: Provided that anything done or
any action taken under the regulations so repealed shall be deemed to have been
done or taken under the corresponding provisions of these regulations.HARYANA PUBLIC SERVICE COMMISSION
(CONDITIONS OF SERVICE) REGULATIONS, 2018
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