Whereas the draft Himachal Pradesh Panchayati
Raj (Appointment and Conditions of Service of Panchayat Secretary in Zila Parishads)
Rules, 2019 were published in the Rajpatra, Himachal Pradesh dated 25th June,
2019 for inviting objections and suggestions from the general public, vide this
department notification of even number dated 14th June, 2019 as required under
section 186 of the Himachal Pradesh Panchayati Raj Act, 1994 (Act No. 4 of
1994); And whereas, the objection(s)/suggestion(s)
received during the stipulated period have been duly considered by the State
Government; Now, therefore, in exercise of the powers
conferred by section 186 of the Himachal Pradesh Panchayati Raj Act, 1994 (Act
No. 4 of 1994), the Governor of Himachal Pradesh is pleased to make the
following rules, namely:- These rules may be called the Himachal
Pradesh Panchayati Raj (Appointment and Conditions of Service of Panchayat
Secretary in Zila Parishads) Rules, 2019. (1)
In
these rules, unless the context otherwise requires,-- (a)
"Act"
means the Himachal Pradesh Panchayati Raj Act, 1994; and (b)
"Director"
means the Director of Panchayati Raj, Himachal Pradesh; (c)
"Form"
means a Form appended to these Rules. (2)
The
words and expressions used but not defined in these Rules shall have the same
meaning as respectively assigned to them in the Act. There shall be such number of posts of
Panchayat Secretary as sanctioned and may be sanctioned by the State Government
from time to time in the respective Zila Parishads. The scale of pay for the post of Panchayat
Secretary shall be as under:- (a)
Pay
band for regular appointees: PB-RS.5910-20200 + 1900 Grade Pay; and after two
years 10300-34800+3200 grade pay. (b)
Emoluments
for contractual appointees: 5910+1900 GP =7810/- per month. Not applicable A person to be appointed as Panchayat
Secretary shall be eligible if he is having the age between 18 and 45 years: Provided that the upper age limit for direct
recruits will not be applicable to the candidates already in service of the
Government including those who have been appointed on ad-hoc or on contract
basis; Provided further that if a candidate
appointed on ad-hoc basis had become overage on the date when he was appointed
as such he shall not be eligible for any relaxation in the prescribed age limit
by virtue of his such ad-hoc or contract appointment; Provided further that upper age limit is
relaxable for Scheduled Castes/Scheduled Tribes/Other Categories of persons to
the extent permissible under the General or Special Order (s) of the State
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 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. (1)
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. (2)
Age
and experience, in the case of direct appointment, are relaxable at
the discretion of the State Government in case the candidate is otherwise
well qualified. 1.
(i)
Bachelor's Degree or its equivalent, from any recognized Institution approved
by the HP. Government/University/Board, the candidate(s) Should possess a
minimum speed of 30 words per minute in English Type-writing or 25 words per
minute in Hindi Type-writing on Computer, or (ii) MBA in Rural Development from H.P
University, the candidate(s) Should possess a minimum speed of 30 words per
minute in English Type-writing or 25 words per minute in Hindi Type-writing on
Computer. In case of non qualifying of the required no. of candidates under
this clause, the post will be filled up from general category. (iii) Should have the knowledge of "Word
Processing" in Computer as prescribed by the Recruiting Authority. 2.
Preference
shall be given to those candidates who have knowledge of customs, manners and
dialect of Himachal Pradesh and suitability for appointment in the peculiar
condition prevailing in the Pradesh. Age:- Not Applicable Educational Qualification:- Not applicable. The regular appointee shall remain under
probation for a period of two years subject to such further extension for a
period not exceeding one year, as may be ordered by the Secretary Zila Parishad
in special circumstances and reasons thereof to be recorded in writing. (i)
77%
by way of direct recruitment on regular basis or on contract basis, as the case
may be. (ii)
03%
by way of direct recruitment on regular basis or on contract basis, as the case
may be, from amongst the M.B.A. in Rural Development from Himachal Pradesh University. The candidate to be appointed as Panchayat
Secretary should be bona fide resident of Himachal Pradesh. 20% Tailoring Teacher appointed in Gram
Panchayats having 10 years service, passed minimum 10+2 examination from a
recognized Board approved by the Himachal Pradesh Government and should have
knowledge of word processing and working on various software being implemented
at GP level. Due to dying cadre of Tailoring Teacher their recruitment will be
done on the basis of minimum required qualification and then 20% quota reserved
for them will be given to direct recruitment on regular basis or on contract
basis, as the case may be. The selection to the post in case of direct
or contractual appointment, as the case may be, shall be made on the basis of
criteria fixed by Government from time to time or Himachal Pradesh Staff
Selection Commission Hamirpur or other recruiting Authority, as the case may
be, so consider necessary or expedient by a written test or practical test, the
standard/syllabus etc. of which, will be determined by the Commission/other
recruiting authority or by the State Government, as the case may be. The regular Panchayat Secretary under the
Zila Parishad Cadre shall be entitled for availing the facility of National
Pension Scheme (NPS) as may be notified by the State Government. The other conditions of service in the case
of regular appointees shall apply mutatis-mutandis as are applicable in the
case of State Government employee equivalent to the category. 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 Panchayat Secretary in Zila Parishad 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 Chief Executive Officer Panchayat Samiti
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 by appointing authority. (II)
Post
Shall Be In The Purview Of Hpssc, Hamirpur And Other Recruiting Agency To Be
Decided By The Government. The Secretary Zila Parishad after obtaining
the approval of the Government to fill up the vacant posts on contract basis
shall send requisition to the Himachal Pradesh Staff Selection Commission Hamirpur
or any other recruiting agency, as the case may be, to be decided by the Govt.
for appointment/selection. The selection shall be made in accordance
with the eligibility conditions specified in these rules. (III)
Contractual
Emoluments: The Panchayat Secretary appointed on contract
basis will be paid consolidated fixed contractual amount @7810/-P.M. (which
shall be equal to minimum of the pay band+ Grade pay). 3% of the minimum of pay
band + grade pay of the post as annual increase in contractual emoluments for
the subsequent years(s) will be allowed if contract is extended beyond one
year. (IV)
Appointing/Disciplinary
Authority: The Chief Executive Officer of the concerned
Zila Parishad will be the appointing and disciplinary authority but for day to
day control i.e. with respect to attendance, tour programme, sanction of leave
up to 15 days, work and conduct in respect of contractual and Reviewing
Authority of ACR in respect of regular Panchayat Secretary of Zila Parishad
Cadre, shall be Chief Executive Officer Panchayat Samiti and the Panchayat
Secretary shall also work under the overall supervision of Chief Executive
Officers of Panchayat Samiti. Secretary ZP shall be head of office for
Panchayat Secretary. (V)
Selection
Process: Selection for appointment to the post in the
case of Contract Appointment will be made by the Himachal Pradesh Staff
Selection Commission, Hamirpur or other recruiting agency, as the case may be,
on the basis of criteria fixed by Government or if so considered necessary or
expedient by a written test or practical test the standard/syllabus etc. of
which will be determined by the Commission or by the State Government, as the
case may be. (VI)
Appointment
And Agreement: After appointment of a candidate, he/she
shall sign an Agreement as per Form-II appended to these rules. (VII)
Terms
And Conditions: (a)
The
contractual appointee will be paid fixed contractual amount @ Rs. 7810/- P.M.
(which shall be equal to minimum of the pay band+ grade pay). The contractual
appointee will be entitled for increase in contractual amount i.e. 3% of
minimum of the pay band+ grade pay of the post for further extended year(s) 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)
Contract
Appointee will be entitled for one day causal leave after putting one month
service. This leave can be accumulated up to one year. No leave of any other
kind is admissible to the contract appointee. He/She shall not be entitled for
Medial Re-imbursement and LTC etc., only maternity leave will be given as per
rules. (d)
Unauthorized
absence from the duty without the approval of the Chief Executive Officer
Panchayat Samiti or appointing authority as the case may be, shall
automatically lead to the termination of the contract. Contract Appointee shall
not be entitled for contractual amount for the period of absence from duty. (e)
An
official appointed on contract basis who has completed three years tenure at
one place of positing will be eligible for transfer on need basis within the
respective Zila Parishad on administrative ground. (f)
Selected
candidate will have to submit a certificate of his/her fitness from a
Government/Registered Medical Practitioner. Woman candidate pregnant beyond 12
weeks will stand temporarily unfit till the confinement is over. The woman
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
counter-part official at the minimum of pay scale. (h)
Provisions
of service rules like FR/SR Leave Rules, GPF Rules, Pension Rules and Conduct
rules etc. as are applicable in case of regular employees will not be
applicable in case of contract appointees. They will be entitled for emoluments
etc. as detailed in this Column. The Chief Executive Officer of concerned Zila
Prishad shall be the appointing authority and letter of appointment shall be
issued by the Chief Executive Officer Zila Parishad, who shall depute the
Panchayat Secretary in a Panchayat Samiti within the district and also allocate
the Gram Panchayats to a Panchayat Secretary. The seniority of the regular Panchayat
Secretary shall be determined from the date of joining prepared at district
level and consolidated and maintained at Directorate level for the Panchayat
Secretary who had initially been appointed as Panchayat Sahayak. Director may
frame other rational guidelines for determining the seniority. However, the seniority
of candidates appointed through Board/Commission shall be maintained on the
basis of merit, so devised by the Board/Commission. The appointment to the service shall be
subject to orders regarding reservation in the service for Scheduled
Castes/Scheduled Tribes/Backward Classes/Other Categories of persons issued by
the Himachal Pradesh Government from time to time. The job chart for the Panchayat Secretary
shall be such as may be specified by the Director from time to time. The members of the service shall have to
qualify examination or to undergo such courses for training to be
specified by the Director, from time to time: Provided that three chances shall be provided
to qualify such examination within five years and in the event of not
qualifying the examination by the concerned employee, the increment of such
employee shall be liable to be stopped without cumulative effect. Where the State Government is of the opinion
that it is necessary or expedient to do so, it may, by order for reasons to be
recorded in writing, relax any of the provisions(s) of these rules with respect
to any class or category of person (s) or post (s). (1)
On
and from the date of commencement of these rules, the Himachal Pradesh
Panchayati Raj (Appointment and Conditions of Service of Panchayat Sahayaks in
Zila Parishads) Rules, 2014 published vide notification No
PCH-HA(1)11/2010-I-6674-6815 . dated 16-07-2014 shall stand repealed. (2) Notwithstanding such
repeal, any appointment made or anything done or any action taken, under the
rules so repealed, shall be deemed to have been validly made, done or taken
under these rules.HIMACHAL PRADESH PANCHAYATI RAJ (APPOINTMENT
AND CONDITIONS OF SERVICE OF PANCHAYAT SECRETARY IN ZILA PARISHADS) RULES, 2019
PREAMBLE