By virtue of the powers vested in the Board of
Members of the Himachal Pradesh Infrastructure Development Board, under Section
32(2)d of HP Infrastructure Development Act, 2001 (as accented to by the
Governor on 23rd January, 2002), the Board of Members of the HP Infrastructure
Development Board hereby make the following Bye-laws to regulate the conditions
of service and miscellaneous matters connected therewith of persons appointed
to various positions under the Board as per Sub section 2 of Section 12 of
Chapter - II of the Act. The Himachal Pradesh Infrastructure Development
Board Employees' Service Bye-Laws and Rules (Regulations) Governing
Miscellaneous Matters connected Therewith. CHAPTER 1 PRELIMINARY 1. 1 These bye-laws may be called the Himachal Pradesh Infrastructure
Development Board Employees Service Bye-laws and Rules (Regulations) governing
miscellaneous matters connected therewith. 1. 2 These bye-laws and Rules shall take effect from the date of their
publication in the Rajpatra. 1. 3 These bye-laws and Rules shall apply to all employees of the
Board. 1. 4 In these bye-laws, unless there is anything
repugnant in the subject or context:- (i) "Appointing Authority" means the Authority as may be defined
by the Board of Members from time to time. (ii) "Allowances" means dearness allowance and other allowances
sanctioned by the Govt. for its employees from time to time. (iii) "Member means the Members of the Board of the Himachal Pradesh
Infrastructure Development Board, Shimla. (iv) "Bye-laws" means the Himachal Pradesh Infrastructure
Development Board Employees Service Bye-laws and Rules governing misc. matters
connected therewith as amended from time to time. (v) "Board" means the Himachal Pradesh Infrastructure Development
Board, Shimla. (vi) "Direct Appointment" means an appointment made otherwise than
by promotion or transfer of a person already in the service of the Board or
made by taking a person on deputation from the Government or any other
Board/Public Sector Undertakings or from any other source. (vii) "Duty" means Duty as defined in F.R.9.6. (viii) "Employee" means a person employed in any position under the
Board, but does not include trainees, work charged persons, labour and persons
employed on contract and outsourced basis. (ix) "Government" means the Government of Himachal Pradesh. (x) "Chief Executive Officer" means an Officer appointed by the
Govt. of HP to be the Chief Executive Officer of the Board as per Article 5 (b)
of the Chapter II of the HPIDB Act, 2001. (xi) "Pay" means the amount defined as pay by the State Govt. of
H.P. for its employees from time to time. (xii) "Position" means a job(s) which may be created in the Board
from time to time by the Board of members of any other authority duly
authorised by the Board. (xiii) "Permanent Employee" means a person who holds substantively a
permanent post or who holds a lien on a permanent post or who would hold a lien
on permanent post had the lien not been suspended. (xiv) "Regular Employees" means an employee who has successfully
completed the period of probation and has been declared as such in writing by
the competent authority. (xv) "Temporary Employee" means a person who has been appointed to
officiate against a temporary or a permanent post. (xvi) "Commission" means H.P. Public Service Commission/H.P. Staff
Selection Commission as the case may be. CHAPTER 2 CREATION/ABOLITION OF POSITIONS UNDER THE BOARD 2. 1 The Board or any authority duly authorised by the Board of Members
in this behalf may create from time to time, such positions as may be expedient
to the working of the Board. 2. 2 For the purpose of these bye-laws, the positions under the Board
shall be classified into the following categories viz.:- (a)
Permanent; (b)
Temporary; (c)
Contract; (d)
Trainees. (e)
Outsourced. NOTE: (a)
"Permanent post means a post carrying a definite scale of pay and
sanctioned without limit of time. (b)
"Temporary post means a post carrying a definite rate of pay sanctioned
for a limited period. (c)
"Contract means a position filled on the basis of mutual agreement with a
fixed or sliding scale of payment for a specified period/purpose. (d)
"Trainee means a position carrying a stipend as per various training
schemes of the Board. (e)
"Outsourced" means a position filled/services taken through any
agency and is on rolls and employment of other outsourced agency. 2. 3 The Board/Authority duly authorised by the
Board of Members shall review the positions from time to time and abolish such
positions as have outlived their utility or are no longer required in the
interest of efficient working of the Board. CHAPTER 3 RECRUITMENT 3. 1 Recruitment to permanent, temporary and contract positions under
the Board shall be made by the Appointing Authority by adopting any of the
following methods:- (i)
by direct appointment; (ii)
by promotion of existing personnel. 3. 2 While resorting to direct recruitment, as provided in bye-laws
at 3.1(i), the Appointing Authority will refer the matter to H.P. Public
Service Commission/H.P. Staff Selection Commission for making recommendations
for recruitment or to conduct examination/interview for making recruitments to
these posts, except for Class IV posts 3. 3 In so far as trainee and outsourced workers are concerned, the
Appointing Authority shall engage them after following one or any of the
following methods:- (i)
Insert an advertisement in a few newspapers, with
wide circulation in the State; (ii)
Write to educational institutions asking them to
recommend suitable candidates; (iii)
Consider suitable candidates amongst the existing
employees of the Board; (iv)
Take the advice/service on hire/payment of fee or
otherwise of professional management consultants; (v)
Write to labour organisations; (vi)
Write to Employment Exchanges; (vii)
Request Governmental agencies/Departments to
sponsor suitable candidates. Provided
that the Employment Exchanges shall be notified wherever required and
instructions of the Govt. on the subject issued from time to time shall be
followed. 3. 4 Reservation of vacancies in direct recruitments and promotions
for Scheduled castes/Scheduled Tribes/Ex-servicemen/Backward Classes/Physically
Handicapped Candidates etc. shall be allowed as per points fixed by the Govt.
and instructions issued by the Govt. from time to time. 3. 5 The Board of Members shall have the power to frame/amend
Recruitment & Promotion Rules for different posts in the Board laying down
the minimum qualifications/experience, age requirement, mode of recruitment,
pay scales etc. from time to time. 3.6 No person below the age of 18 years at the time of his
application for service in the Board shall be considered for an appointment. 3. 7 No person who has been dismissed from Govt. service or
Board/Public Sector Undertaking shall be considered for employment under the
Board. 3. 8 No person who has more than one living
wife shall be considered for appointment/service in the Board. CHAPTER 4 SELECTION AND APPOINTMENT: 4. 1 The Board shall make direct recruitments only for Class IV posts
at its own level and all direct recruitments for class III and higher posts
shall be made through H.P. Public Service Commission/H.P. Staff Selection
Commission. Screening process for Class IV posts shall be as per State Govt.
instructions from time to time in this regard. 4. 2 Prior to his appointment in the service of the Board, a person
shall be required to produce a certificate acceptable to the Chief Executive
Officer regarding his bearing a good moral character. The Chief Executive
Officer may also solicit confidential inquiries from the previous employers of
the person regarding the work, conduct and integrity of prospective employees. 4. 3 Prior to the appointment of a person in the service of the Board,
he shall be required to undergo a medical test to be conducted by a Medical
Officer/Board so authorised by the Board. Medical fitness standards will be
those as are applicable to the corresponding categories of employees in the
Govt. The standards of medical fitness may be relaxed by the Chief Executive
Officer in the case of a physically handicapped person/war injury/army
demobilized/discharged candidates to the extent to which it does not
limit/impair/retard his efficiency at work. 4. 4 The period of probation should be two years subject to such
extension not exceeding one year as may be ordered by the competent authority
in special circumstances and for reasons to be reduced to writing. 4. 5 After the period of probation, if the work and conduct of an employee
is found to be satisfactory, the Chief Executive Officer may regularise an
employee in the service of the Board. 4. 6 An employee directly appointed or promoted
against a sanctioned post shall be confirmed in accordance with the
instructions/rules of the State Government as amended from time to time. CHAPTER 5 SENIORITY 5. 1 The general principles for determining seniority, as issued by the
Govt. from time to time shall be followed by the Board. 5. 2 Separate seniority lists of persons employed in the service of the
Board, shall be maintained cadre wise. The seniority of employees joining the
Board on the basis of the same interview/test in the same grade and discipline
shall be in the same order in which they have been placed in the merit list.
While drawing the merit list, if two or more persons have equal ranking, the
older in age shall be placed higher in the merit list than the younger ones. 5. 3 The seniority lists so maintained by the
Board shall be fully binding on its employees and the Board and shall be
strictly adhered to at the time of lay off, retrenchment etc. CHAPTER 6 PROMOTION Promotion will be made as per the Recruitment &
Promotion Rules for each category of post(s) as framed by the Board from time
to time. In case of selection post(s), the promotion will be made on
merit-cum-seniority basis. Selection posts are those posts which carry the
Grade Pay of Rs. 5,000/- and higher. All other posts are deemed to be non
selection posts. In case of non-selection post(s), the promotion(s) will be
made on seniority-cum-merit basis. The procedure for promotion to selection and
non-selection posts shall be the same as prescribed by the Govt. from time to
time. CHAPTER 7 PAY AND ALLOWANCES The pay-scale(s) and allowances attached to each
category/discipline of post(s) shall be those as have been allowed by the Govt.
of HP to its employees from time to time. CHAPTER 8 TRAVELLING ALLOWANCE Travelling Allowance, Transfer Travelling
Allowance, Leave Travel Concession and other allowances etc., shall be allowed
to the employees of the Board as per the rules and rates applicable to the
employees of Govt. from time to time. CHAPTER 9 ADVANCES TO EMPLOYEES The employees of the Board will be eligible for
various advances e.g., Bi-cycle/Motor-cycle/Scooter/Motor-car/House
Building/Purchase of Built-up House/Plot and other advances in accordance with
the instructions/rules of the Govt. as amended from time to time. CHAPTER 10 LEAVE AND HOLIDAYS All kinds of leave/holidays to the employees of the
Board will be allowed/observed as applicable to Govt. employees from time to
time. CHAPTER 11 WORKING HOURS The working hours in the Board shall be as fixed by
the State Government from time to time. CHAPTER 12 SUPPLY OF LIVERIES RULES 12. 1 Liveries will be supplied to the employees of the
Board at the scale/rate prescribed by the Govt. for their employees and as
amended by the Govt. from time to time. 12. 2 The categories of employees eligible for
liveries shall be those as are eligible in the Govt. CHAPTER 13 MEDICAL ATTENDANCE RULES The employees of the Board shall be eligible for
medical attendance/reimbursement of medical expenses according to the rules
applicable to the employees of the Govt. from time to time. CHAPTER 14 STATE CAR RULES & MAINTENANCE RULES 14. 1 All the staff cars of the Board will be under the administrative
control of the Officer empowered by the Chief Executive Officer. 14. 2 The procedure/regarding use and maintenance
of staff cars/vehicles shall be as per Govt. pattern. CHAPTER 15 JOINING TIME Joining time on transfer shall be allowed to the
employees of the Board as per pattern and rules as applicable to the employees
of the Govt. CHAPTER 16 SUPERANNUATION AND RETIREMENT 16. 1 All employees of the Board shall retire on attaining the age of 58
years (60 years in the case of Class-IV employees employed before 10.05.2001). 16. 2 The Himachal Pradesh Civil Services
(Premature Retirement) Rules, 1976 and the instructions issued by the Govt.
from time to time in this regard will be applicable to the employees of the
Board. CHAPTER 17 GRATUITY "The Gratuity to the employees of the Board
shall be regulated in accordance with the Payment of Gratuity Act. CHAPTER 18 CONTRIBUTORY PROVIDENT FUND Contributory Provident Fund shall be regulated
through Regional Provident Fund Commissioner or as decided by the Board of
Members. CHAPTER 19 EX-GRATIA GRANT TO THE DEPENDENTS OF EMPLOYEES Ex-gratia grant and other facilities shall be given
to the dependents of the deceased employees of the Board as per Govt.
instructions/rules. CHAPTER 20 CONDUCT & DISCIPLINARY RULES 20. 1 The provisions of the following rules as amended from time to time
and as applicable to the employees of the Govt. shall be applicable in the case
of employees of the Board:- (i)
Central Civil Services (Conduct) Rules; (ii)
Central Civil Services (Classification, Control
& Appeal) Rules; (iii)
Central Civil Services (Temporary Services) Rules. 20. 2 The appointing authority, Disciplinary Authority and
Appellate Authority under the provisions of aforesaid rules for each category
of employees of the Board shall be as decided by the Board from time to time. 20. 3 Persons appointed against positions mentioned in bye-law 2.2
(c) to (e) shall be governed by labour laws, terms and conditions of contract
and instructions of the Govt. issued from time to time as the case may be. 20. 4 Every employee of the Board shall submit
an annual return of immovable/moveable property in the month of January every
year for the preceding calendar year CHAPTER 21 TERMINATION AND RESIGNATION 21. 1 Notwithstanding the provisions of bye-laws as above under Chapter
20, services of employees are liable to be terminated on one month's notice and
three months notice in case of temporary and permanent employees respectively
or in lieu thereof pay for a period the notice falls short of one month/three
months as the case may be. 21. 2 Similarly any employee can tender resignation
from the service of the Board after giving three months notice, in case of
permanent employee and one months notice in case of temporary employees or in
lieu thereof pay for a period the notice falls short. CHAPTER 22 RESIDUAL MATTERS 22. 1 The Board may confer on the Chief Executive Officer or a
whole-time member of the Board any of its powers under these bye-laws by a
resolution. 22. 2 The Chief Executive Officer may confer on a whole-time
officer/employee of the Board any of the powers which are exercised by him
under these bye-laws, provided that such powers as have been delegated by the
Board to the Chief Executive Officer shall not be further delegated by him. 22. 3 Powers to relax or interpret any of the provisions contained in
these bye-laws shall vest in the Board of Members. 22. 4 Any matter not covered under these bye-laws shall be decided by
the Board keeping in view the instructions of the Govt. issued from time to
time and the decision of the Board shall be final. 22. 5 All previous instructions, rules, regulations
etc. issued in this behalf shall stand repealed from the date these bye-laws
come into force.HIMACHAL PRADESH
INFRASTRUCTURE DEVELOPMENT BOARD EMPLOYEES SERVICE BYE-LAWS AND RULES
(REGULATIONS) GOVERNING MISCELLANEOUS MATTERS CONNECTED THEREWITH
PREAMBLE