[02th September 2023] In
exercise of the powers conferred by proviso to Article 309 of the Constitution
of India, the Governor, Himachal Pradesh, in consultation with the Himachal
Pradesh Public Service Commission, is pleased to make the following rules
further to amend the Himachal Pradesh, Economic and Statistics Department,
Assistant Research Officer, Class-II (NonGazetted) Recruitment and Promotion
Rules, 2009, notified vide this Department Notification No. PLG-A(1)2/2006
dated 05-06-2009 in the Department of Economic and Statistics, Himachal Pradesh
namely :- (1)
These rules may
be called the Himachal Pradesh, Economic and Statistics Department, Assistant Research
Officer, Class-II (Non-Gazetted) Recruitment and Promotion (Amendment) Rules,
2023. (2)
These rules shall
come into force from the date of publication in the Rajpatra, (e-Gazette),
Himachal Pradesh. In
Annexure-"A" appended to the Himachal Pradesh Economic and Statistics
Department, Assistant Reaserch Officer, Class-II (Non-Gazetted) Recruitment
& Promotion Rules, 2009,- (i)
for the existing
provisions against Column No. 4, the following shall be substituted, namely:- (a)
Pay Band for
regular incumbent(s).-"Level-12 of Pay Matrix of 43000-1,36,000/- of the
H.P. Civil Services (Revised Pay) Rules, 2022" (b)
Emoluments for
Contract Employees(s).-"60% of the first cell of the applicable level of
pay matrix of the corresponding cadre, as per H.P. Civil Services (Revised Pay)
Rules, 2022. (ii)
for the existing
provisions against column No. 6, the following shall be substituted, namely:- Between
18 to 45 years: Provided
that the upper age limit for direct recruits will not applicable to the
candidates already in service of the Government including those who have been
appointed on adhoc or on contract basis: Provided
further that if a candidate appointed on adhoc or on contract basis had become
over-age on the date he was appointed as such, he shall not be eligible for any
relaxation in the prescribed age-limit by virtue of his such adhoc or contract
appointment: Provided
further that upper age limit is relaxable for Scheduled Castes/ Scheduled
Tribes/Other Backward Classes and Other Categories of persons to the extent
permissible under the general or special order(s) of the Himachal Pradesh
Government: Provided
further that the employees of all the Public Sector Corporations and Autonomous
Bodies who happened to be Government Servant before absorption in Public Sector
Corporations/Autonomous Bodies at the time of initial constitution of such
Corporations/Autonomous Bodies shall be allowed age concession in direct
recruitment as admissible to Government servants. This concession will not,
however, be admissible to such staff of the Public Sector
Corporations/Autonomous Bodies who ware/uese subsequently appointed by such
Corporation/Autonomous Bodies and who are/were finally absorbed in the service
of such Corporations/Autonomous Bodies after initial constitution of the Public
Sector Corporations/Autonomous Bodies. Note.-Age
limit for direct recruitment will be reckoned on the first day of the year in
which the post(s) is/are advertised for inviting applications or notified to
the Employment Exchanges or as the case may be. (iii)
For the existing
provisions against column No. 7, the following shall be substituted, namely:- (a)
ESSENTIAL
QUALIFICATION(S):- "Master
degree in Economics/Commerce/Statistics/Mathematics from a recognized
University." (b)
DESIRABLE
QUALIFICATION(S):- Knowledge
of customs, manner and dialects of Himachal Pradesh and suitability for
appointment in the peculiar conditions prevailing in the Pradesh" (iv)
for the existing
provisions against Column No. 9 the following shall be Substituted, namely:-- "(a) Two
years subject to such further extension for a period not exceeding one year as
may be ordered by the competent authority in special circumstances and reasons
to be recorded in writing. (b) No
probation in the case of appointment on contract basis, tenure basis,
reemployment after superannuation and absorption." (v)
for the existing
provisions against column No. 10, the following shall be substituted namely:- (i)
60% by promotion. (ii)
40% by direct
recruitment on a regular basis or by recruitment on contract basis, as the case
may be. (vi)
for the existing
provisions against column No. 11, the following shall be substituted, namely:- By
promotion from amongst the Statistical Assistants, who are B.Com/B.A with
Economics/ Commerce/Mathematics/Statistics as one of the subject and also
possess 4 (four) years regular service or regular combined with continuous
adhoc service, if any, in the grade: Provided
that for filling up the posts of Assistant Research Officer, the following 05
points post based roster shall be followed:- Roster Point No. Category 1st, 3rd & 5th Promotee 2nd & 4th Direct recruit Note.-The
roster shall be rotated after every 5th point till the representation to both
categories is achieved up to the prescribed percentage in the cadre of
Assistant Research Officer. Thereafter, the vacancy will be filled up from the
category which vacates the post. (I)
Provided
that for the purpose of promotion every employee shall have to serve atleast
one term in the Tribal/Difficult/Hard Areas and remote/rural areas subject to
adequate number of post(s) available in such areas: Provided
further that the proviso (I) supra shall not be applicable in the case of those
employees who have five years or less service, left for superannuation.
However, such incumbents may be posted/ transferred to remote/rural areas in
their promotion: Provided
further that Officer/Official who has not served atleast one tenure in Tribal/
Difficult/Hard Area and remote/rural areas shall be transferred to such area
strictly in accordance with his/her seniority in the respective cadre. Explanation-I.-For
the purpose of proviso (I) supra the "term" in Tribal/Difficult/Hard
Area/Remote/Rural areas shall mean normally three years or less period of
posting in such areas keeping in view the administrative exigencies/
convenience. Explanation-II.-For
the purpose of provision (I) supra the Tribal /Difficult Area shall be as
under:- (1)
District
Lahaul & Spiti (2)
Pangi
and Bharmour Sub-Division of Chamba District (3)
Dodra
Kawar Area of Rohru Sub-Division (4)
Pandrah
Bis Pargana, Munish Darkali and Gram Panchayat Kashapat, Gram Panchyats of
Rampur Tehsil of District Shimla. (5)
Pandrah
Bis Pargana of Kullu District (6)
Bara
Bhangal Area of Baijnath Sub-Division of Kangra District (7)
District
Kinnaur (8)
Kathwar
and Korga Patwar Circles of Kamrau Sub-Tehsil, Bhaladh Bhalona and Sangna
Patwar Circles of Renukaji Tehsil and Kota Pab Patwar Circle of Shillai Tehsil,
in Sirmaur District. (9)
Khanyol-Bagra
Patwar Circle of Karsog Tehsil, Gada-Gussaini, Mathyani, Ghanyar, Thachi,
Baggi, Somgad and Kholanal of Bali-Chowki Sub-Tehsil, Jharwar, Kutgarh, Graman,
Devgarh, Trailla, Ropa, Kathog, Silh-Badhwani, Hastpur, Ghamrehar and Bhatehar
Patwar Circles of Padhar Tehsil, Chiuni, Kalipar, Mangarh, Thach-Bagra, North
Magru and South Magru Patwar Circles of Thunag Tehsil and Batwara Patwar Circle
of Sunder Nagar Tehsil in Mandi District. Explanation-III.-For
the purpose of proviso- (I)
Supra
the Remote/ Rural Areas shall be as under:- (i)
All
stations beyond the radius of 20 kms. from Sub-Division/tehsil headquarter (ii)
All
stations beyond the radius of 15kms. from State Headquarter and District
Headquarters where bus service is not available and on foot journey is more
than 3 (three) kms. (iii)
Home
town or area adjoining to area of home town within the radius of 20 kms. of the
employee regardless of its category. (II)
In
all cases of promotion, the continuous adhoc service rendered in the feeder
post if any, prior to regular appointment to the post shall be taken into
account towards the length of service as prescribed in these rules for
promotion subject to the condition that the adhoc appointment/promotion in the
feeder category had been made after following proper acceptable process of
selection in accordance with the provision of R&P Rules:- (i)
Provided
that in all cases where a junior person becomes eligible for consideration by
virtue of his total length of service (including the service rendered on adhoc
basis followed by regular service/appointment) in the feeder post in view of
the provisions referred to above, all persons senior to him in the respective
category/post/ cadre shall be deemed to be eligible for consideration and
placed above the junior person in the field of consideration: Provided
that all incumbents to be considered for promotion shall possess the minimum
qualifying service of atleast three years or that prescribed in the Recruitment
& Promotion Rules for the post, whichever is less: Provided
further that where a person becomes ineligible to be considered for promotion
on account of the requirements of the preceding proviso, the persons(s) junior
to him shall also be deemed to be ineligible for consideration for such
promotion. Explanation.-(i)
The last proviso shall not render the junior incumbents ineligible for
consideration for promotion if the senior ineligible persons happened to be
Ex-serviceman who have joined armed forces during the period of emergency and
recruited under the provisions of Rule-3 of Demobilized Armed Forces under the
provisions of Rule-3 of Demobilized Armed Forces Personnel (Reservation of
Vacancies in Himachal State Non-Technical Services) Rules,1972 and having been
given the benefit of seniority thereunder or recruited under the provisions of
Rule-3 of the Ex-servicemen (Reservation of vacancies in the Himachal Pradesh
Technical Service) Rules, 1985 and having been given the be nefit of seniority
thereunder. (ii)
Similarly, in the cases of confirmation, continuous adhoc service rendered on
the feeder post if any, prior to the regular appointment against such posts
shall be taken into account towards the length of service, if the adhoc appointment/promotion
had been made after proper selection and in accordance with the provisions of
the Recruitment & Promotion Rules: Provided
that inter-se-seniority as a result of confirmation after taking into account,
adhoc service rendered shall remain unchanged. (vii)
For the existing provisions against column No.12, the
following shall be substituted, namely:- (a)
Department
Promotion Committee.-"D.P.C to be presided over by the Chairman, H.P.
Public Service Commission or a Member thereof to be nominated by him. (b)
Department
Confirmation Committee : Not applicable (viii)
For the existing provisions against column No. 15, the
following shall be substituted namely:- Selection
for appointment to the post in case of direct recruitment shall be made on the
basis of interview/personality test or if the Himachal Pradesh Public Service
Commission or other recruiting agency/authority, as the case may be, so
considers necessary or expedient on the basis of interview/vip personality test
preceded by a screening test (objective type)/written test or practical test,
the standard/syllabus, etc. of which, will be determined by the Himachal
Pradesh Public Service commission/other recruiting agency/authority, as the
case may be. (ix)
For the existing provisions against column No.15(A), the
following shall be substituted, namely:- Notwithstanding
anything contained in these Rules, contract appointment(s) to the post will be
made subject to the terms and conditions given below :- (I)
CONCEPT: (a)
Under
this policy the Assistant Research Officer in Department of Economics and
Statistics, Himachal Pradesh, will be engaged on contract basis initially for
one year: which may be extendable on year to year basis: Provided
that for further extension/renewal of contract period on year to year basis the
concerned HoD shall issue a certificate that the service and conduct of the
contract appointee is satisfactory during the year and only then the period of
contract is to be renewed / extended. (b)
The
Economic Adviser, Economic and Statistics Department, Himachal Pradesh after
obtaining the approval of the Government to fill up the vacant post(s) on
contract basis will place the requisition with the concerned recruiting agency
i.e. Himachal Pradesh Public Service Commission, Shimla. (c)
The
selection will be made in accordance with the eligibility conditions prescribed
in these Rules. (II)
CONTRACTUAL
EMOLUMENTS: The
Assistant Research Officer appointed on contract basis will be paid
consolidated fixed amount @ Rs 25,800/- P.M. [60% (Sixty percent) of the first
cell of the pay Matrix Level-12]. (III)
APPOINTING/DISCIPLINARY
AUTHORITY : The
Economic Adviser, Economic and Statistics Department, Himachal Pradesh, will be
the appointing and disciplinary authority. (IV)
SELECTION
PROCESS : Selection
for appointment to the post in the case of contract appointment shall be made
on the basis of interview/personality test or if the Himachal Pradesh Public
Service Commission or other recruiting agency/authority, as the case may be, so
considers necessary or expedient on the basis of interview/personality test
preceded by a screening test (objective type)/written test or practical test,
the standard/syllabus, etc. of which, will be determined by the Himachal
Pradesh Public Service Commission/other recruiting agency/authority. (V)
COMMITTEE
FOR SELECTION OF CONTRACTUAL APPOINTMENTS : As
may be constituted by the concerned recruiting agency i.e. Himachal Pradesh
Public Service Commission, Shimla, from time to time. (VI)
AGREEMENT
: After
selection of a candidate, he/she shall sign an agreement as per
Annexure-"A" appended to these Rules. (VII) TERMS AND CONDITIONS: (a)
The
contractual appointee will be paid consolidated fixed contractual amount @ Rs
25,800/-P.M. [60% (Sixty percent) of the first cell of the Pay Matrix Level
-12]. (b)
The
service of the contract appointee will be purely on temporary basis. The
appointment is liable to be terminated in case the performance/conduct of the
contract appointee is not found satisfactory. In case the contract appointee is
not satisfied with termination orders issued by the appointing authority,
he/she may prefer an appeal before the Appellate Authority who shall be higher
in rank to the Appointing Authority, within a period of 45 days, from the date
on which a copy of termination orders is delivered to him/her. (c)
The
contract appointee will be entitled for one-days casual leave after putting
one-months service, 10 days medical leave and 5 days special leave, in a
calendar year. A
female contract appointee with less than two surviving children may be granted
maternity leave for 180 days. A female contract appointee shall also be
entitled for maternity leave not exceeding 45 days (irrespective of the number
of surviving children) during the entire service, in case of miscarriage
including abortion, on production of medical certificate issued by the
authorized Government Medical Officer. A contract employee shall not be
entitled for Medical Reimbursement and LTC etc. No leave of any other kind except
above is admissible to the contract appointee. Un-availed
Casual Leave, Medical Leave and Special Leave can be accumulated up to the
Calendar Year and will not be carried forward for the next Calendar Year. (d)
Unauthorized
absence from the duty without the approval of the controlling officer shall
automatically lead to the termination of the contract. However, in exceptional
cases where the circumstances for un-authorized absence from duty were beyond
his/her control on medical grounds, such period shall not be excluded while
considering his/her case for regularization but the incumbent shall have to
intimate the controlling authority in the regard well in time. However, the
contract appointee shall not be entitled for contractual amount for this period
of absence from duty: Provided
that he/she shall submit the certificate of illness/fitness issued by the
Medical Officer, as per prevailing instructions of the Government. (e)
An
official appointed on contract basis who has completed three years tenure at
one place of posting will be eligible for transfer on need based basis wherever
required on administrative grounds. (f)
Selected
candidate will have to submit a certificate of his/her fitness issued by a
Medical Board in the case of a Gazetted Government servant and by Government
Medical Officer in the case of a Non-Gazetted Government Servant. In case of
women candidates who are to be appointed against posts carrying hazardous
nature of duties, and in case they have to complete a period of training as a
condition of service, such woman candidate, who as a result of tests is found
to be pregnant of twelve weeks standing or more shall be declared temporarily
unfit and her appointment shall be held in abeyance until the confinement is
over. Such woman candidate be re-examined for medical fitness six weeks after
the date of confinement, and if she is found fit on production of medical
fitness certificate from the authority as specified above, she may be appointed
to the post kept reserved for her. (g)
Contract
appointee will be entitled to TA/DA if required to go on tour in connection
with his/her official duties at the same rate as are applicable to regular
counterpart official at the minimum of pay scale. (h)
Provisions
of service rules like F.R. and S.R. Leave Rules, GPF Rules, Pension Rules &
Conduct Rules etc. as are applicable in case of regular employees will not be
applicable in case of contract appointees. The Employees Group Insurance Scheme
as well as EPF/GPF will also not be applicable to contract appointee(s).Himachal
Pradesh, Economic And Statistics Department, Assistant Research Officer,
Class-II (Non-Gazetted) Recruitment And Promotion (Amendment) Rules, 2023