Regulation No.
HERC/57/2022.- hereby makes the following regulations regulating the terms and
conditions of service of contractual employees of the Commission:- PART
1 GENERAL (1)
These Regulations may be called the HERC
Contractual Employees (Terms and the Conditions) Regulations, 2022. (2)
These shall come into force with effect from
the date of notification by Commission. These Regulations shall be
applicable to all the contractual employees working in HERC on a post
equivalent to Group A, B, C, D or posts designated by Commission. In these Regulations, unless
the context otherwise requires: - (a)
Commission means Haryana Electricity
Regulatory Commission. (b)
Compensatory Allowances means Dearness
Allowance, House Rent Allowance, Fixed Medical Allowance, Travelling Allowance,
etc., admissible if any, under these Regulations; (c)
Continuous Satisfactory Service means the
period of satisfactory service on a post in HERC excluding the period of break
in service, if any. It includes period of any kind of leave Including Maternity
Leave sanctioned by the competent authority except extra ordinary leave taken
otherwise than on medical certificate; (d)
Contractual Employee means a person appointed
on contract for a limited period as per terms and conditions of appointment; (e)
Contractual Employees Regulations means the
Service Regulations notified by HERC applicable to the employees working on
contract basis in HERC; (f)
Emoluments means the total amount of wages or
basic pay, as the case may be, plus compensatory allowances, admissible if any,
under these Regulations; or a consolidated amount as specified by Commission. (g)
Functional Pay Level means functional pay
scale sanctioned for the post applicable from or after 01.01.2016 to the
Government employees; (h)
Government means Government of Haryana in
Administrative Department; (i)
Government Employee means a person appointed
on regular basis in any department of Haryana Government; (j)
Organization means any Department/ Board/
Corporation/ Society/Mission/Commission/Authority any other organization under
the State Govt. of Haryana; (k)
Pay or Wages means equal to- (1)
minimum of the pay level if appointed against
a post which has been sanctioned in a functional pay scale; (2)
A lump sum amount which has been decided by
the Chairperson/Commission; (3)
DC rate if appointed against a post for wages
equal to DC rate have been sanctioned; (4)
DC rate if neither the pay level nor the lump
sum amount has been sanctioned for the post against which person has been
appointed on contract; (l)
Person means the contractual employee of the
Organization to whom these Regulations are applicable; (m)
Qualifying service includes duty period and
all kinds of leave including Maternity Leave but does not include extra
ordinary leave taken otherwise than on medical certificate; (n)
Recognized university means- (1)
any university incorporated by law in India;
or (2)
any other university which is declared by the
Government to be a recognized University for the purpose of these service
bye-laws; (1)
He is a citizen of India; and (2)
He has requisite qualification &
experience as specified in vacancy circular/advertisement. No person shall be appointed
to a post who is less than 18 years of age and more than 65 years of age or as
such as prescribed in the service Regulations applicable in case of appointment
on regular basis on the same post. Provided that in exceptional
circumstances the Commission may relax the upper age limit, after recording the
reasons in writing. i.
For a period of six months or as specified by
the Commission which is extendable subject to good conduct and performance
during the contract period up to the maximum extent of 5 years. ii.
Date of appointment of anyone on regular
basis; Or whichever is the earlier. Note:- i.
In case the work and conduct of the
contractual person not found to be satisfactory by the competent authority
during the contractual period, the contract can be terminated at any time
without any prior notice. ii.
First month of contract shall only be a trial
period. (1)
Commission shall be the competent authority
for appointment on contract against post of Group A, B, C or D. (2)
The term of contractual appointment may be
extended by the Commission from time to time maximum up to five years subject
to satisfactory work and conduct and availability of post. (3)
Where the contract of an employee is not
extended by the competent authority, it shall stand terminated automatically
without any notice. (1)
Recruitment on contract shall be made by the
competent authority by contract recruitment through a transparent process. (2)
The remuneration and other allowances
admissible shall be clearly defined in the appointment letter. (3)
For appointment on contract by direct
recruitment, applications shall be called by way of public advertisements in
minimum two prominent newspapers and/or on official website of the HERC for
easy access. The advertisement shall clearly state the policy/post under which
the appointment is to be made. (4)
Online applications shall be invited on the
official website of the HERC by giving a period of minimum 15 days. (5)
The interested candidates shall have to
submit their applications online/offline with supporting documents. Incomplete
applications without supporting documents or applications received after the
last date shall be summarily rejected and no communication shall be made/ entertained
in this regard to the applicant. (6)
The selected candidates shall be issued the
appointment letter by the appointing authority to join service with the
certificate of medical fitness issued by the Chief Medical Officer, Panchkula
within thirty days of issuance of appointment letter. (7)
The incumbent will be required to join and
report to the concerned office maximum within one month of the issue of letter
of appointment. (8)
The contractual employee shall have to sign
an agreement with the Commission. (1)
No person shall be appointed to any post,
unless he is in possession of required qualification and experience as
specified in the vacancy circular/advertisement,? (2)
He/she should have; (a)
Hindi or Sanskrit as one of the subjects in
Matric; or (b)
Hindi as one of the subjects in higher
standard; (3)
There shall be no restriction of educational
qualification for appointment of a person who has retired from service while
holding the equivalent post at the time of retirement. (a)
No person; (1)
who has entered into or contracted a marriage
with a person having a spouse living; or (2)
who having a spouse living, has entered into
or contracted a marriage with any person, shall be eligible for appointment to
any post in the Service; Provided that the appointing authority 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. Provided that the appointing
authority may, if satisfied that such marriage is permissible under the
personal law applicable to such person. (b)
who has been dismissed from service by
Government of India or any State Government or a Local Authority, Board,
Corporation or Institution, shall be eligible for appointment to any post. (c)
In addition to above any of the following
shall also be treated ineligibility for contractual appointment of retired
Government employees: - (1)
The integrity not being certified in service
records; (2)
ACRs of last five years should not be lower
than Very Good. (3)
No departmental/judicial proceedings should
be pending at the time of retirement. (4)
No punishment should be awarded during last
three years of service. (5)
There should be no other general
ineligibilities for government service. (1)
Where the appointment on contract has been
made against a post sanctioned in the functional pay level, the basic pay shall
be fixed equal to entry level pay i.e. at minimum of the functional pay level. (2)
Where the appointment has been made against a
post sanctioned with lump sum salary in such case the wages shall be fixed
equal to DC rate or lump sum amount as decided by the Commission, whichever is
more. (3)
Where the appointment has been not made
against a post sanctioned but to a post created for a project with lump sum
salary in such case the wages shall be fixed to DC rate or a lump sum amount as
decided by the Commission, whichever is more. (4)
If the contractual employee is a retired
personnel who is in receipt of any retiring pension, in such case the pension shall
be deducted from the pay, provided the same has been fixed equal to minimum of
the functional pay level of the post. (1)
Where pay is fixed in the functional pay level,
the annual enhancement shall be equal to 3% of the pay either on 1stJanuary or
1stJuly, as admissible in the Pay Matrix applicable from 01.01.2016; and (2)
Where wages are being paid lump sum against a
post sanctioned with fixed salary the annual enhancement @ 5% shall also be
admissible once in a year either on 1st January or 1st July; (3)
In case of employees appointed on job work,
daily wages, the annual enhancement @ 5% shall also be admissible Provided in all the cases it
shall be admissible either on 1st January or 1st July subject to completion of
minimum six months qualifying service before that date. (a)
Casual Leave: Casual Leave up to 10 days for
both male and female employees shall be admissible during the calendar year.
The casual leave not exceeding 3 days shall be granted at one time. The casual
leave at the credit of an employee shall lapse on
resignation/termination/expiry of contract or at the end of the calendar year. (b)
Medical Leave: Medical Leave not more than 10
(ten) days during a calendar year shall be admissible subject to production of
medical certificate of illness from Chief Medical Officer (CMO), Panchkula. Note:- The Medical Leaves will not
accumulate after completion of contract period and there will be no encashment
of leave on completion/termination of contract. (c)
Maternity Leave: Maternity Leave with pay
upto maximum period of 6 months i.e. 180 days shall be admissible to a
contractual female employee, subject to completion of minimum three months
satisfactory service. Note:- Leave cannot be claimed as a
matter of right. When the exigencies of services are so required, the leave of
any kind may be refused or revoked by the authority competent to grant it. (a)
In case of individual hardship to a
contractual employee the same shall be submitted for consideration before the
Head of Office. (b)
In case of no response or unsatisfactory
reply, one may submit his hardship in the shape of appeal to the Appointing
Authority or the next higher authority of the Commission or the Commission
itself. (a)
The employees under these regulations shall
be governed by the Haryana Civil Services (Punishment and Appeal) Rules, 2016
and HERC regulations for any misconduct or breach of the contract. (b)
In case an employee himself wants to resign,
he can do so by giving one months notice or by depositing one months wages or
salary in lieu thereof. Provided that if an employee remains willfully absent
during the period of notice, he shall not be entitled to receive any wages or
salary, as the case may be, during the period of willful absence. (c)
The contract of an employee shall be
terminated by the appointing authority in case of insubordination, misconduct
or unsatisfactory or poor performance at any time during the contract period
without any prior notice. (d)
Willful absence from duty for a period of
five days or more, in one or more spells, shall be deemed to be liable for the
termination of the contract. (e)
The contract of an employee can be terminated
by the appointing authority in case of appointment of a person on regular basis
against that post, non-availability of funds, change in Project/Programme
guidelines, rationalization of the activities depending upon the Organization
need, availability of staff from regular side, non-continuation of the project
by the Commission. (1)
Persons appointed under these Regulations
shall not be eligible for any kind of pension for the period of such
appointment. (2)
Appraisal Report of the contractual employee
shall be recorded by the reporting officer and he/she shall assess the
performance, skill, work and conduct. Whenever the provisions made
in these Regulations are found to be silent or unclear and any question arises
relating to interpretation with regard to any matter, the decision of
Commission shall be final. HERC has the inherent right
unless otherwise provided to amend these Regulations from time to time, in
accordance with requirements.Herc Contractual
Employees (Terms and The Conditions) Regulations, 2022
[25 February 2022]
The tenure of contract shall be
Wages or Pay and Allowances, as the case may be, presently drawn by the persons
appointed on contract in HERC shall not be less than the wages or pay and
allowances as admissible under these regulations
A fixed medical allowance of Rs. 1,000/- per month shall be admissible to all
employees irrespective of his/her length of service.
A contractual employee who is directed by the competent authority to perform a
journey in official capacity, he/she shall be entitled to travelling allowance
and/or daily allowance at the rate admissible to a Government employee.
The contractual employees shall be entitled to the following kinds of leaves: -
It will be the responsibility of DDO/Head of the office to deduct an amount
from the wages of contractual employees engaged (other than the retired
persons) in form of subscription to their Employees Fund Account at the rate of
12% of wages and also to contribute from the funds of Commission at the rate of
12% or as prescribed by Employees Provident Fund Organisation (EPFO) from time
to time and deposit the same in Provident Fund Account of the contractual employees.
All the provisions as applicable under EPF would be applicable as amended from
time to time.
One-time Compassionate Financial Assistance to the family of deceased
contractual persons under ex-gratia scheme shall be admissible @ Rs. 3.00 lakh
or as prescribed by the Government from time to time.
Personal File of each contractual employee shall be maintained.
Haryana Civil Services (Conduct of Government employees) Rules, 2016 shall be
applicable to all contractual employees provided that the term Government
employee wherever occurs in the said Rules shall be deemed as the term
contractual employee, pay similarly, the term pay or basic pay shall be deemed
as wages, where necessary.