HARYANA STATE COOPERATIVE (GROUP B) SERVICE RULES, 1997

PART I GENERAL

Rule 1. Short title and commencement.

(1)     These cules may be called the Haryana State Cooperative (Group B) Service Rules, 1997.

(2)     They shall be come into force at once.

Rule 2. Definitions.

In these rules, unless the context otherwise requires, -

(a)      "Administrative Secretary" means the Secretary to Government Haryana, Cooperation Department;

(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 of an official already in the service of the Government of India or any State Government;

(d)      "Government" means the Haryana Government in the Administrative Department.

(e)      "institution" means, -

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

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

(f)       "recognized University" means -

(i)       any University incorporated by law in India; or

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

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

(g)      "recruiting authority" means the Haryana Public Service Commission;

(h)     "Register" means the Registrar, Cooperative Societies, Haryana;

(i)       "Service" means the Haryana State Cooperative (Group B) 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 reductions in, the number of such poss or to create new posts with different designations and scales of pay, either permanently or temporarily.

Rule 4. Nationality, domicile and character of candidates appointed 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; or

(d)      a Tibetan refugee who came over to India, before the 1st day of January, 1962, with the intention of permanently settling in India; or

(e)      a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, or any of the East African countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India :

Provided that a person belonging to any of the categories (b), (c), (d) or (e) shall be a person fn 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, School or Institution.

Rule 5. Age.

No person shall be appointed to any post in the Service by direct recruitment who is less than twenty-one years or more than thirty-five years of age, on or before the last date of submission of application to the Commission:

Provided that in the case of Training and Leather Expert, no person shall be appointed to Service by direct recruitment who is less than twenty-seven years or more than forty years of age, on or before the last date of submission of application to the Constitution.

Rule 6. Appointing Authority.

(1)     Appointments 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 is a possession of qualifications and experience specified in column 3 of Appendix B to these rules in the case of direct recruitment and those specified in column 4 of the aforesaid Appendix in the case of person appointed other than by direct recruitment:

Provided that in the case of direct recruitment, the qualifications regarding experience shall be relaxable to the extent of 50% at the discretion of the Commission or any other recruiting authority in case sufficient number of candidates belonging to Scheduled Castes, Scheduled Tribes, Backward Classes, Ex-Servicemen and Physically Handicapped categories, possessing the requisite experience, are not available to fill up the vacancies reserved for them, after recording reasons for so doing in writing.

Rule 8. Disqualifications.

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 a contracted a marriage with any Ý 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. Method of recruitment.

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

(a)      in the case of Assistant Registrar, -

(i)       66-2/3% by promotion from amongst Inspectors and Statistical Assistants:

Provided that promotion shall be made in the ratio of 8 : 1 respectively i.e. in every slab of the nine vacancies to be filled in by promotion, the vacancy at number 9 will go to the Statistical Assistant:

Provided further that if a Statistical Assistant gets promotion as Statistical Officer before the occurrence of 9th vacancy, this vacancy will also be filled in by promotion from the post of Inspector; and

(ii)      33-1/3% by direct appointment; or

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

(b)      in the case of Audit Officer, -

(i)       66-2/3% by promotion from amongst Senior Auditor of Cooperative Societies; and

(ii)      33-1/3% by direct recruitment; or

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

(c)      in the case of Statistical Officer, -

(i)       66-2/3% by promotion from the post of Statistical Assistant; and

(ii)      33-1/3% by direct recruitment; or

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

(d)      in the case of Tanning and Leather Expert, -

(i)       by direct recruitment; or

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

(e)      in the case of Establishment Officer, -

(i)       by promotion from amongst the Superintendents in the office of Registrar; or

(ii)      by transfer or deputation of an official already in service of any State Government or the Government of India; Note :- The post of Establishment Officer involves the assumption of duties and responsibilities of greater importance than those of 

(f)       Superintendent: in case of Superintendent, -

(i)       by promotion from amongst the Deputy Superintendent or Personal Assistant of the office of Registrar and Deputy Superintendent of the office of Deputy Registrar. Cooperative Societies; or

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

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

Rule 10. Training, departmental examination and drivel of increments.

(1)     An officer appointed to the Service by direct recruitment shall pass a Higher Diploma in Cooperative Management as may be prescribed by the National Council for Cooperative Training of National Cooperative Union of India and shall undergo the practical training prescribed by the department from time to time but the total training period and diploma period shall not exceed 2 years:

Provided that if an officer has already passed Higher Diploma in Cooperative Management, such officer shall be exempted from passing such diploma but he will have to undergo the practical training prescribed by the department.

(2)     An officer appointed to the Service by promotion or by transfer shall pass a Higher Diploma in Cooperative Management from National Cooperative Union of India, but in case an officer has already passed such diploma he will not be required to do so again.

(3)     Notwithstanding anything contained in sub-rule (1) above, every member of the Service shall pass the higher standard departmental examination in accounts from time to time prescribed by Government for the members of the Service within two years from the date of this appointment to the Service otherwise he will not be entitled to draw annual increment.

(4)     If a person appointed to the Service passes the departmental examination before the expiry of two years, he shall be entitled to all the increments which would have otherwise fallen due to him at the end of the prescribed period of two years with effect from the last day on which the departmental examination were completed. The benefit is not of a cumulative nature and the later increments will be due to him only on the dates on which they would have otherwise become due.

(5)     No increment of the member appointed to the Service shall be withheld until the period prescribed for clearing the departmental examination is over.

(6)     If a member of the Service passes the departmental examination after the prescribed period, then the increment for the period subsequent to that within which the departmental examination was to be passed, shall be released to him from the datefol lowing the last day on which the departmental examination is completed and the increment shall be released with retrospective effect from the date it was otherwise due but no arrears shall be paid for the past period.

(7)     If a member of the Service fails to pass the departmental examinations or any part thereof his increment for the period subsequent to that within which the departmental examination was to be passed, shall be released from the date he is given such exemption. The increment shall be released with retrospective effect from the date it was due but no arrears shall be paid for the past period.

Rule 11. Probation.

(1)     Persons appointed to any post in the Service shall remain on probation for a period of two years, including the period of training 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 the appointment to any post in 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 rules; and

(c)      any period of officiating appointment shall be reckoned as a period spent or 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.

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

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

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

(i)       revert him to his former post; or

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

(4)     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;

(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, 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 :

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

Rule 12. Seniority.

Seniority, inter se of the members of the Service shall be determined by the length of 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 such cadre:

Provided further that in the case of a member appointed by direct recruitment, the order of merit determined by the Commission or any other recruiting authority, as the case may be, 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 follows:-

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

(b)      a member appointed by promotion shall 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 the 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 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 13. Liability to serve.

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

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

(i)       a company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the State Government, a municipal corporation or a local authority or University within the State of Haryana;

(ii)      the Central Government or a company, an 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 organisation, an autonomous body not controlled by the Government or a private body :

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

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

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.

Rule 15. Discipline, penalties and appeals.

(1)     In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Haryana Civil Services (Punishment and Appeal) Rules, 1987, 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) or clause (d) of sub-rule (1) of rule 9 of the Haryana Civil Services (Punishment and Appeal) Rules, 1987, and appellate authority shall be as specified in Appendix D to these rules.

Rule 16. Vaccination.

Every member of the Service, shall get himself vaccinated and re-vaccinated as 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, 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 provisions.

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

Rule 20. Reservations.

Nothing contained in these rules shall effect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-Servicemen, Physically Handicapped persons or any other class or category of persons in accordance with the orders issued by the State Government in this regard, from time to time :

Provided that the total percentage of reservations so made shall not exceed fifty percent, at any time.

Rule 21. Repeal and savings.

The Punjab State Cooperative Service, Class II Rules, 1958 in their application to the State of Haryana 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)

APPENDIX B

(See rule 7)

APPENDIX-C

[See rule 15(1)]

APPENDIX-D

[See rule 14(2)]