Himachal Pradesh, Higher Education Department, Assistant Professors (College cadre), Class-I (Gazetted) and Contract Recruitment and Promotion Rules, 2017.

 

[27th March, 2018]

No: EDN-A-Kha(2)62/2016.?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 Recruitment and Promotion Rules, for the post of Assistant Professor (College cadre), Class-I (Gazetted) in the Higher Education Department, H.P. as per Annexure ?A? attached to this notification, namely:?

Rule - 1. Short title and Commencement.

(1)     These rules may be called the Himachal Pradesh, Higher Education Department, Assistant Professors (College cadre), Class-I (Gazetted) and Contract Recruitment and Promotion Rules, 2017.

(2)     These rules shall come into force from the date of publication in the Rajpatra, Himachal Pradesh.

Rule - 2. Repeal & savings.

(1)     The Himachal Pradesh, Higher Education Department, Assistant Professors (College Cadre), Class-I (Gazetted) and Contract Recruitment and Promotion Rules, 2010 notified vide notification No.EDN-A(Kha)3-5/99-Loose, dated 29th Oct. 2011 are hereby repealed.

(2)     Notwithstanding such repeal, any appointment made or anything done or any action taken under the relevant rules, so repealed under sub-rule(1) supra shall be deemed to have been validly made, done or taken under these rules.

Annexure-A

RECREUITMENT AND PROMOTION RULES FOR THE POST OF ASSISTANT PROFESSOR (COLLEGE CADRE), CLASS-I (GAZETTED) IN THE HIGHER EDUCTION DEPARTMENT, HIMACHAL PRADESH

1. Name of the Post.

Assistant Professor (College Cadre)

2. Number of Post(s).

2482 (Two thousand four hundred & eighty two) or as amended from time to time.

3. Classification.

Class-I (Gazetted) and Contract.

4. Scale of Pay.

(i)       Pay Scale for regular incumbents: Pay Band ` 15,600-39100 + ` 6000 Grade Pay

(ii)      Emoluments for Contract Employee(s):? ` 21,600/- PM as per details given in Col. No. 15-A.

5. Whether ?Selection? Post or ?Non-Selection? post.

Not applicable 6. Age for direct recruitment.?18 to 45 years

Provided that the upper age limit for direct recruits will not be applicable to the candidates already in service of the Govt. including those who have been appointed on adhoc or on contract basis:

Provided further that if a candidate appointed on adhoc basis or on contract basis had become over-age on the date he/she was appointed as such he/she shall not be eligible for any relaxation in the prescribed age limit by virtue of his/her such adhoc or contract appointment;

Provided further that upper age limit is relaxable for Schedled Castes/ Schedule 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 servants before absorption in Public Sector/Corporation/ Autonomous Bodies at the time of initial constitution of such Corporation /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/ Corporations/Autonomous Bodies and who were/are subsequently appointed by such Corporations/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.

Notes.?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, as the case may be.

7. Minimum Educational and other qualification(s) required for direct recruit(s) (a) Essential Qualifications.

(i)       A good academic record with atleast 55% marks or an equivalent of 55%, wherever the grading system is followed in Masters Degree level in the relevant subject from an Indian University or an equivalent degree from Foreign University recognized by the Government of India.

(ii)      For the Assistant Professor in Fine Arts also i.e. Commercial Arts, Drawing & Painting and Sculpture, Master Degree in Fine Arts having good academic record with 55% marks or equivalent of 55% wherever grading system is followed.

(iii)     A relaxation of 5% is provided (from 55% to 50% marks) at the Masters Degree for the SC/ST/OBC (Non creamy layer) categories.

AND

A relaxation of 5% (from 55% to 50%) of marks, at the Master?s level to the Physically and Visually Handicapped persons in appointment as Assistant Professors.

(iv)    A relaxation of 5% is provided from 55% to 50% of the marks to the Ph.D. Degree holders who have passed their Masters degree prior to the September 1991.

(v)      ?B? in the 7 point scale with letter grades O, A, B, C, D, E & F shall be regarded as equivalent of 55% wherever the grading system is followed (7 point scale is displayed in the Foot Note).

(vi)    Candidate besides fulfilling the above qualifications should have cleared the eligibility test (NET) for Assistant Professor conducted by the UGC, CSIR or similar test accredited by the H.P. Public Service Commission.

(vii)   ?NET/SLET shall remain the minimum eligibility condition for recruitment and appointment of Assistant Professor in Universities / Colleges /Institutions.

Provided that the award of degree to candidates registered for the M.Phil./Ph.D. programme prior to July 11, 2009, shall be governed by the provisions of the then existing Ordinances / Byelaws/Regulations of the Institutions awarding the degree and the Ph.D. candidates shall be exempted from the requirement of NET / SLET /SET for recruitment and appointment of Assistant Professor or equivalent position in Universities / Colleges / Institutions subject to the fulfilment of the following conditions:?

(a)      Ph.D. degree of the candidate awarded in regular mode only;

(b)      Evaluation of the Ph.D thesis by at least two external examiners;

(c)      Open Ph.D viva voce of the candidate had been conducted;

(d)      Candidate has published two research papers from his / her Ph.D. work out of which at least one must be in a refereed journal;

(e)      Candidate has made at least two presentations in conferrences/seminars, based on his/ her Ph.D. work. (a) to (e) as above are to be certified by the Vice-Chancellor / Pro-Vice Chancellor / Dean (Academic Affairs) / Dean (University instructions).?

For the post of Assistant Professor of Physical Education (College Cadre).?

(i)       A Master?s Degree in Physical Education or Master?s Degree in Sports Science with at least 55% marks or an equivalent grade in a point scale, wherever grading system is followed, with a consistently good academic record.

(ii)      Record of having represented the University/College at the inter-university / inter college competitions or the State and / or national championships.

(iii)     Qualifying in the national level test conducted for the purpose by the UGC or any other agency approved by the UGC.
?

(iv)    However, candidates, who are, or have been awarded Ph.D. degree in accordance with the University Grants Commission (Minimum Standards and Procedure for Award of Ph.D. Degree), Regulations 2009, shall be exempted from the requirement of the minimum eligibility condition of NET / SLET /SET for recruitment and appointment of Assistant Professor Physical Education.

(v)      Passed the Physical Fitness Test conducted in accordance with the provisions as under:?

PHYSICAL FITNESS TEST NORMS :

(a)      Subject to the provisions of these Regulations, all candidates who are required to undertake the physical fitness test shall be required to produce a medical certificate certifying that he / she is medically fit before undertaking such tests.

(b)      On production of such certificate mentioned in subclause (a) above, the candidate would be required to undertake the physical fitness in accordance with the following norms:?

NORMS FOR MEN

 

NORMS FOR WOMEN

 

(c)      Desirable Qualification(s).

 

Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in peculiar conditions prevailing in the Pradesh.

8. Whether age and educational qualification(s) prescribed for direct recruit(s) will apply in the case of promotee(s).

Age : Not applicable Educational Qualification : Not applicable.

9. Period of Probation, if any.

(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 case of appointment on contract basis, tenure basis, re-employment after superannuation and absorption.

10. Method(s) of recruitment, whether by direct recruitment or by promotion/ Secondment/transfer and the percentage of post(s) to be filled in by various methods.

100% by direct recruitment on a regular basis or by recruitment on contract basis, as the case may be.

11. In case of recruitment by promotion/secondment/transfer/ grade from which promotion/secondment/transfer is to be made.

Not applicable.

12. If a Departmental Promotion Committee exists, what is its composition?.

(a)      Departmental Promotion Committee.?Not applicable.

(b)      Department Confirmation Committee As may be constituted by the Government from time to time.

13. Circumstances under which the Himachal Pradesh Public Service Commission (H.P.P.S.C.) is to be consulted in making recruitment.

As required under the law.

14. Essential requirement for direct recruitment.

A candidate for appointment to any service or post must be citizen of India. 15. Selection for appointment to the post by direct recruitment.

Selection for appointment to the post in the 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 consider necessary or expedient on the basis of interview / personality test preceded by a screening test (objective type)/ written test or practical test or physical test, the standard/ syllabus etc. of which will be determined by the Commission/other recruiting agency / authority, as the case may be.

15-A Selection for appointment to the post by Contract appointment.

Notwithstanding anything contained in these Rules, contract appointments to the post will be made subject to the terms and conditions given below:?

(I)      CONCEPT.

(a)      Under this policy the Assistant Professors, (College Cadre) in the Higher Education Department, Himachal Pradesh will be engaged on contract basis initially for one year; which may be extendable on year-to-year basis.

Provided that for 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 his period of contract is to be renewed / extended.

(b)      POST FALLS WITHIN THE PURVIEW OF HPPSC.

 

The Addl. Chief Secreatary / Principal Secretary / Secretary (Hr. Education) to the Government of Himachal Pradesh after obtaining the approval of the Government to fill up the vacant posts on contract basis will place the requisition with the concerned recruiting agency i.e. Himachal Public Service Commission.

(c)      The selection will be made in accordance with the eligibility conditions prescribed in these Rules.

(II)     CONTRACTUAL EMOLUMENTS.

 

The Assistant Professors, (College Cadre) appointed on contract basis will be paid consolidated fixed contractual amount @ ` 21,600/-P.M. ( which shall be equal to the minimum of the pay band + grade pay). An amount of ` 648/- (3% of the minimum of pay band + grade pay of the post) as annual increase in contractual emoluments for the subsequent year(s) will be allowed, if contract is extended beyond one year.

(III)   APPOINTING/DISCIPLINARY/AUTHORITY.

 

The Addl. Chief Secretary/ Principal Secretary/ Secretary (Higher Education) to the Government of Himachal Pradesh will be 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 considered necessary or expedient on the basis of interview/personality test preceded by a screening (objective type) / written test or practical test or physical test, the standard / syllabus, etc. of which, will be determined by the concerned recruiting agency i.e. Himachal Pradesh Public Service Commission.

(V)     COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS.

 

As may be constituted by the concerned recruiting agency i.e. the Himachal Pradesh Public Service Commission, from time to time. (VI) AGREEMENT : After selection of a candidate, he/ she shall sign an agreement as per Appendix-II appended to these Rules.

(VI)   TERMS AND CONDITIONS :

(a)      The contract appointee will be paid fixed contractual amount @ ` 21,600/- P.M. (which shall be equal to minimum of the pay band + grade pay). The contract appointee will be entitled for increase in contractual amount @ ` 648/-(3% of minimum of pay band + grade pay of the post) for further extended years and no other allied benefits such as senior/ selection scales etc. will be given.

(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.

(c)      The contract appointee will be entitled for one day's casual leave after putting one- month service, 10 days medical leave and 5 days special leve, in a calendar year. A female contract appointee with less than two serviving children may be granted maternity leave of 135 days. A female contract appointee shall also be entitled for meternity 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 Re-imbursement 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 upto 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 this 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 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 from a Government/ Registered Medical Practitioner. Women candidate pregnant beyond 12 weeks will stand temporarily unfit till the confinement is over. The women candidate will be re-examined for the fitness from an authorized Medical Officer/ Practitioner.

(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 applicable to regular counterpart officials at the minimum of pay scale.

(h)     Provisions of service rules like FR SR, 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).

16. Reservation.

The appointment to the service shall be subject to orders regarding reservation in the service for Scheduled Castes/Scheduled Tribe/Other Backward Classes/Other Categories of persons issued by the Himachal Pradesh Government from time to time.

17. Departmental Examination.

Every member of the service shall pass a Departmental Examination as prescribed in the Himachal Pradesh Departmental Examination Rules, 1997 as amended from time to time.

18. Power to relax.

Where the state Govt. is of the opinion that it is necessary or expedient to do so, it may, by order for reasons to be recorded in writing and in consultation with the Himachal Pradesh Public Service Commission relax any of the provision(s) of these Rules with respect to any class or category of person(s) or post(s).

FOOT NOTE

Explanation of Seven point Scale

 

Appendix-II

Form of contract/ agreement to be executed between the Assistant Professor and the Government of Himachal Pradesh through ______________ (Designation of the Appointing Authority)

This agreement is made on this __________________day of _____________in the year______________Between Sh./Smt._________________________________________ s/o/d/o Shri____________________________________________________________________________ r/o_____________________________________________________________________________ Contract appointee (hereinafter called the FIRST PARTY), AND The Governor, Himachal Pradesh through _________________ (Designation of the Appointing Authority) Himachal Pradesh (hereinafter the SECOND PARY).

Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY has agreed to serve as a Assistant Professors (College Cadre) on contract basis on the following terms & conditions:?

1.        That the FIRST PARTY shall remain in the service of the SECOND PARTY as an Assistant Professors (College Cadre) for a period of one year commencing on the day of ______________and ending on the day of _____________. It is specifically mentioned and agreed upon by both the parties that the contract of the FIRST PARTY with SECOND PARTY shall ipso-facto stand terminated on the last working day i.e. on________________ and information notice shall not be necessary:

Provided that for further extension / renewal of contract period the HOD shall issue a certificate that the service and conduct of the contract appointee was satisfactory during the year and only then the period of contract is to be renewed / extended.

2.        The contractual amount of the FIRST PARTY will be G 21,600/- per month.

3.        The service of FIRST PARTY 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.

4.        Contractual appointee Assistant Professor will be entitled for one day's casual leave after putting one month's service, 10 day's 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 135 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 be entitled for medical re-imbursement and LTC etc. No leave of any other kind except above is admissible to the contract appointee.

Provided that un-availed casual leave, medical leave and special leave can be accumulated upto the calendar year and will not be carried forward for the next calendar year.

5.        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 this 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 submit the certificate of illness/fitness issued by the medical officer, as per prevailing instructions of the Government.

6.        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.

7.        Selected candidate will have to submit a certificate of his/ her fitness from a Government/ Registered Medical Practitioner. In case of women candidates pregnancy beyond twelve weeks will render her temporarily unfit till the confinement is over. The women candidate should be re-examined for fitness from an authorized Medical Officer/ Practitioner.

8.        Contract appointee shall be entitled to TA/DA if required to go on tour in connection with his/ her official duties at the same rate as applicable to regular counterpart official at the minimum of the pay scale.

9.        The Employees Group Insurance Scheme as well as EPF/ GPF will not be applicable to contractual appointee(s).

IN WITNESS the FIRST PARTY AND SECOND PARTY have herein to set their hands the day, month and year first, above written.

IN THE PRESENCE OF WITNESS:

1.        ???????????. ???????????. ???????????. (Name and Full Address) (Signature of the FIRST PARTY)

2.        ???????????. ???????????. ???????????. (Name and Full Address) (Signature of the SECOND PARTY)