Himachal Pradesh Municipalities Senior Executive Officer, Executive Officer And Secretary (Recruitment, Promotion And Other Conditions Of Services) Rules, 2025

[15th January 2025]

PREAMBLE

Whereas in exercise of the power conferred by sub-section (1) of Section 305 read with Section 279 of the Himachal Pradesh Municipal Act, 1994 (Act No. 13 of 1994), the Governor of Himachal Pradesh proposes to make the following rules and the same are hereby published in the Official Gazette for the information of the public as required under subsection (5) of Section 279 of the said Act;

If any person(s) likely to be affected by these draft rules has/have any objection(s) or suggestion(s) to make in relation to the proposed rules, he/they may send the same to the Principal Secretary (Urban Development) to the Government of Himachal Pradesh, Shimla, within a period of 15 days from the date of publication of the same in the Official Gazette.

Objection(s) or suggestion(s), if any, received within the period specified above shall be considered by the State Government before finalizing the same, namely:-

Rule 1. Short title, commencement and application.

(1)     These rules may be called the Himachal Pradesh Municipalities Senior Executive Officer, Executive Officer and Secretary (Recruitment, Promotion and other conditions of Services) Rules, 2025.

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

(3)     These rules shall apply to the posts specified in Annexure-I Annexed to these rules.

Rule 2. Definitions.

(1)     In these rules unless there is anything repugnant in the subject of context-

(a)      Act means the Himachal Pradesh Municipal Act, 1994

(b)      Annexure means an Annexure appended to these rules

(c)      Appointing Authority means the authorities indicated as the Appointing Authority in Annexure-II of these rules in respect of the category of service.

(d)      Director means the Director, Urban Development Department Himachal Pradesh.

(e)      Direct recruitment means an appointment by selection other than by promotion/transfer/secondment.

(f)       Government means the Government of Himachal Pradesh

(g)      Municipality means-

(i)       A Nagar Panchayat and Municipal Council constituted under the Himachal Pradesh Municipal Act, 1994; and

(ii)      A Municipal Corporation constituted under the Himachal Pradesh Municipal Corporation Act, 1994.

(h)     Member mean a member of the service; and

(i)       Service means a municipal service constituted by the Government under the provisions of the Himachal Pradesh Municipal Corporation Act, 1994 and the Himachal Pradesh Municipal Act, 1994 in the manner specified under these rules.

Explanation.-service includes the services as a probationer or apprentice provided that such service is followed by confirmation without any break and shall also include joining time, and

(j)       Duty means Duty as defined in F.R. 9.6

(2)     All other words and expressions used herein but not defined shall have the same meanings respectively as assigned to them in the Act.

Rule 3. Number of posts, Classification and scales of pay.

(1)     The Number of posts and scales of pay of various posts shall be as specified at Sr. No. (i & ii) of Annexure-I of each category/post or as may be notified by the Government from time to time.

(2)     The classification of the post shall be as under:-

Rule 4. Essential requirement for direct recruitment.

A candidate for any service or post must be citizen of India.

Rule 5. Age for direct recruitment.

A candidate for appointment must be between 18 to 45 years provided that the upper age limit for direct recruitee will not be applicable to the candidates already in service of the Government including those who have been appointed on adhoc or oncontract basis:

Provided further that if a candidate appointed on adhoc or on contract basis had become over age on the date-when 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 Scheduled Caste/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 Service Sector Corporations and Autonomous Bodies who happened to be Government Servants 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 the Government servants. This concession will not, however, be admissible to such staff of the Public Sector Corporations/Autonomous Bodies who were/are 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.

Rule 6. Recruitment to the service.

The method of recruitment, promotion and other matters connected therewith shall be as specified at Sr. No. (vi and vii) of each category of post mentioned in Annexure-I of these rules.

(I)      Recruitment to the services shall be made by the appointing Authority by adopting any of the following method:-

(A)     By direct recruitment on regular basis or on contract basis.-While resorting to direct recruitment, the Appointing Authority after obtaining the approval of Govt. for filling up of the vacant post will refer the matter to HP Public Service Commission or any other recruiting Agency for making recommendations for recruitment or to conduct examination/interview for making recruitments to these posts. The direct recruitment shall be made by appointing authority on the recommendations of HP Public Service Commission or any other Recruiting Agency or Selection Committee constituted for the purpose.

(B)     Selection for appointment to the post by contract appointment.-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 _______________(Name of the post) in MC/NP 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 the period of contract is to be renewed/ extended.

(b)      The ........ (Designation of the appointing authority) after obtaining the approval of the Government for filling up the vacant post(s) on contract basis will place the requisition with the concerned recruiting agency i.e. Himachal Pradesh Public Selection Commission/Other recruiting agency as the case may be.

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

(II)     CONTRACTUAL EMOLUMENTS:

The ____________(Name of the post) appointed on contract basis will be paid consolidated fixed contractual amount of Rs.__________(which shall be 60% of the first cell of the applicable level of pay matrix of the corresponding cadre).

(III)   APPOINTING/DISCIPLINARY AUTHORITY

The ......... (Designation of the Appointing Authority) will be appointing and disciplinary authority as per Annexure-II.

(IV)   SELECTION PROCESS

Selection for appointment to the post in the case of contract appointment shall be made on the basis of merit of writing examination and/or practical test or skill test or physical test the standard/syllabus etc. will be determined by the Himachal Pradesh Public Service Commission/ other recruiting agency/authority as the case may be.

(V)     COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS

As may be constituted by the concerned recruiting agency/authority i.e. Himachal Pradesh Public Service Commission or concerned recruiting agency from time to time.

(VI)   AGREEMENT

After selection of a candidate he/she shall sign an agreement as per Appendix-I appended to these Rules.

(VII)  TERMS AND CONDITIONS:

(a)      The ________(Name of the post) appointed on contract basis will be paid consolidated fixed contractual amount @ Rs. ____________/-P.M. (which shall be 60% of the first cell of the applicable level of pay matrix of the corresponding cadre).

(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 found satisfied with termination order issued by the Appointing Authority, he/she may prefer and 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 order is delivered to him/her.

(c)      The contract appointee will be entitled for one day Casual Leave after putting one month 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 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 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 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 have 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 official at the minimum of pay scale.

(h)     Provisions of service rules like FR, SR, Leave Rules, GPF Rules, Pension Rules and Conduct Rules and other Service Bye-laws as are applicable in case of regular employee 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).

(C)     By promotion of existing personnel:

The promotion will be made as per the provision mentioned at Sr. No. (vi) and (vii) of each category of post in Annexure-I of these R&P Rules. In case of selection post the promotion will be made on merit-cum-seniority basis of the existing incumbents which shall be made on the recommendations of Departmental Promotion Committee as may be constituted from time to time. An incumbent who foregoes promotion shall be debarred from promotion for a period of 1 year or till the next date of DPC whichever is later and shall rank junior to all those who may have been promoted during this period.

(I)      In all case 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 conditions that the adhoc appointment/promotion in the feeder category had been made after following proper acceptable process of selection in accordance with the provisions of Recruitment and Promotion Rules:

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/her 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 at least three years, or that prescribed in the Recruitment and 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 person(s) junior to him shall also be deemed to ineligible for consideration for such promotion.

Explanation:-The last proviso shall not render the junior incumbents ineligible for consideration for promotion if the senior ineligible persons happened to be Ex-servicemen who have joined Armed Forces during the period of emergency recruited under the provisions of rule-3 of Demobilized Armed Forces Personnel (Reservation of Vacancies in Himachal State NonTechnical Services) Rules, 1972 and having been given the benefit of seniority thereunder or recruited under the provisions of rule-3 of Ex-Servicemen (Reservation of Vacancies in the Himachal Pradesh Technical Service) Rules, 1985 and having been given the benefit of seniority thereunder.

Note.-A persons appointed to the service shall not be deemed to have been appointed to any civil post under the State Government.

Rule 7. Composition of Departmental Promotion/Confirmation Committee.

The Government may, from time to time, by notification, constitute a Departmental Promotion/ Confirmation Committee consisting of at leastthree members.

Rule 8. Reservation.

The appointment to the service shall be subject to the orders/instructions regarding reservation in service for members of the Scheduled Castes, Scheduled Tribes, Other Backward Classes/other categories of persons issued by the Himachal Pradesh Government from time to time.

Rule 9. Physical Fitness.

A Person appointed to the service by direct recruitment shall produce a certificate of physical fitness from a Government Medical Practitioner before joining the service. Such person shall, before being examined, make and sign declaration in Form specified for Government servants and Medical Officer shall examine him and furnish a certificate in Form specified as in the case of Government Servant.

Rule 10. Verification of Character and Antecedents.

The appointment to the post shall be subject to verification of Character and Antecedents.

Rule 11. Disqualifications.

No person shall be eligible for appointment to the service:-

(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 or contracted a marriage with any other person:

Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person or on the basis of any other justified grounds, exempt any person from operation of this rule.

Rule 12. Seniority of members of the services.

The general principles for determining seniority, as issued by the Government from time to time shall be followed. Separate seniority list of persons appointed to the Executive State Municipal Services shall be maintained cadre-wise. The seniority of employees joining Executive State Municipal Services on the basis of the same interview in the same grade and discipline shall be in the same order in which they have been placed in the merit list. While drawing 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. The inter-se seniority of the promotee vis-à-vis the direct recruits shall be determined on the basis of vacancies between them as provided in the respective Recruitment and Promotion Rules.

Rule 13. Probation.

Direct recruitment .-

(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, re-employment after superannuation and absorption.

Promotion.-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:

Provided that any period , after such appointment, spent on secondment on a corresponding higher post shall count towards the period of probation and any period of officiating appointment shall be reckoned as the period spent on probation, but no person who has so officiated shall, on the completion of the specified period of probation, be entitled to be confirmed, unless he has been appointed against a permanent vacancy.

If, in the opinion of the Appointing Authority, the work or conduct of a person appointed to any post in the service during the period of his/her probation, is not satisfactory, it may,

(a)      if such person is appointed by direct recruitment dispense with his/her service;

(b)      if such person is appointed by promotion-

(i)       revert him/her to his/her former post; or

(ii)      deal with him/her in such a manner as the terms and conditions of the previous appointment provide for; or

(iii)     extend his/her period of probation for one year and thereafter pass such order as it would 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.

On the completion of the period of probation of person, the Appointing Authority may, if his/her work or conduct has, in its opinion, been satisfactory,-

(a)      confirm such person from the date of this appointment, if appointed against a permanent vacancy; or

(b)      confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or

(c)      declare that he/she has/her completed his probation satisfactorily, if there is no permanent vacancy.

Rule 14. Duty.

Members of the service shall be required to perform the duties as prescribed in the Himachal Pradesh Municipal Act, 1994. In addition, the Authority may assign any duty as may deem fit.

Rule 15. Pay and Allowances.

The pay-scale(s) and allowances attached to each category of post shall be such as allowed by the Government of Himachal Pradesh from time to time.

Rule 16. Medical Attendance Rules.

Member of the service shall be eligible for medical attendance/reimbursement of medical expenses according to the rules application to the State Government employees from time to time.

Rule 17. Increment.

The grant of annual increment shall be governed as per the provisions contained in FR-26.

Rule 18. Leave.

The member of the service shall be entitled to avail leave as prescribed in CCS (Leave) Rules, 1972 as applicable in the State of Himachal Pradesh except those appointed on contract basis who will be entitled for leave as mentioned in rule 6 (vii)(C).

Rule 19. Liability to transfer.

Member of the service shall be liable to serve at any place in the State of Himachal Pradesh. The joining time on transfer shall be allowed to the employees of the municipalities as per pattern and rules as applicable to the employees of the State Govt.

Rule 20. Maintenance of Service Record.

The service record of an incumbent appointed to the service shall be maintained at the level of Appointing Authority.

Rule 21. Punishment and Appeals.

Member of the service shall be liable for disciplinary action under CCS (CCA) rules, 1965 for any misconduct defined in CCS(Conduct) Rules, 1964.

The Disciplinary and Appellate Authority for the purpose of these rules shall be such as specified in Annexure -II .

Rule 22. Departmental Examination.

The Government may by a notification published in the Rajpatra (e-Gazette), Himachal Pradesh direct that the person(s) appointed to a post or category of posts as may be specified therein shall be required to pass a department examination, the details and syllabus for which and consequences for failure to pass it, shall also be specified in the said notification.

Rule 23. Termination and Resignation.

The services of employees are liable to be terminated on one month notice and three months notice in case of temporary employees respectively or in lieu thereof pay for a period the notice falls short of one month/three months as the case may be. Similarly any employee can tender resignation from the service after giving three months notice in case of permanent employee and one month notice in case of temporary employees in lieu thereof pay for a period the notice falls short.

Rule 24. Power to relax.

Where the Government is of the opinion that it is necessary or expedient so to do, 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 or persons.

Rule 25. Interpretation.

If any doubt arises relating to the interpretation of these rules, it shall be referred to the Government whose decision therein shall be final.

Rule 26. Repeal and Savings.

(1)     The Himachal Pradesh Municipalities Executive Officer/ Secretary (Recruitment, Promotion and other conditions of Services) Rules, 2019, notified vide Notification No. UD-A(3)-5/2012-V-I, Dated 21-12-2019 and published in the Rajpatra, Himachal Pradesh (Extraordinary) dated 30-12-2019 and any rules, regulations and bye-laws relating to the Executive State Municipal services in force in the municipalities immediately before the commencement of these rules, are hereby repealed.

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

Appendix-I

Form of contract/agreement to be executed between (Name of the post) 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 Sh. ________________ r/o ___________________________________ Contract appointee (hereinafter called the FIRST PARTY), AND The Governor of Himachal Pradesh through (Designation of the Appointing Authority) in the Himachal Pradesh (here-in-after referred to as the SECOND PARY). Whereas, the SECOND PARTY has engaged the aforesaid FIRST PARTY and the FIRST PARTY has agreed to serve as a (Name of the post) on contract basis on the following terms & conditions:-

(1)     That the FIRST PARTY shall remain in the service of the SECOND PARTY as a (Name of the post) for a period of one year commencing on 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 /- per month.

(3)     The service of contract appointee will be purely on temporary basis the appointment is liable to the 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 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.

(4)     Contractual ___________ (Name of the post) will be entitled for one days casual leave after putting one month service, ten days Medical Leave and five days Special Leave in a Calender Year. A female contract appointee will also be entitled for 135 days maternity leave, 10 days medical leave and 5 days special leave. 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. He/she 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.

(5)     Un-authorized 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 shall 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 pregnant beyond twelve weeks standing or more shall be declared temporarily unfit as her appointment shall be held in abeyance until 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 counter-part official at the minimum of 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:

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(Name and Full Address) (Signature of the First Party).

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

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Annexure -I

 

[See rule (5)]

(1)     Sr. Executive Officer

(2)     Executive Officer

(3)     Secretary

Annexure-II

Appointing and Disciplinary and appellate Authorities