Himachal Pradesh Transport Appellate Tribunal (Recruitment, Promotion And Other Conditions Of Service Of Officers And Other Employees Of The Himachal Pradesh Transport Appellate Tribunal) Rules, 2024

[25th November 2024]

PREAMBLE

In exercise of the powers conferred under sub-section (1) of Section 212 and Section 96 (xxxiii) read with Section 89(2) of the Motor Vehicles Act, 1988 (Central Act No. 59 of 1988), the Governor, Himachal Pradesh proposes to make the following rules for regulating recruitment, promotion and other conditions of service of officers and other employees of the Himachal Pradesh Transport Appellate Tribunal and the same are hereby published in Rajpatra (e-Gazette), Himachal Pradesh for information of the general public likely to be affected thereby;

If any person likely to be affected by these rules, has any objection(s) or suggestion(s) to make with regard to these rules, he may send the written objection(s) or suggestion(s) to the Principal Secretary (Transport) to the Government of Himachal Pradesh, Armsdale Building, Shimla-2 within a period of thirty days from the date of publication of the said draft rules in the Rajpatra (e-Gazette), Himachal Pradesh;

Objection(s) or suggestion(s), if any, received within the stipulated period, shall be considered by the Government of Himachal Pradesh, before finalizing the draft rules, namely:-

PART-I

Rule 1. Short Title and Commencement.

(1)     These Rules may be called the Himachal Pradesh Transport Appellate Tribunal (Recruitment, Promotion and other Conditions of Service of Officers and other employees of the Himachal Pradesh Transport Appellate Tribunal) Rules, 2024.

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

Rule 2. Definitions.

In these rules, unless the context otherwise requires:-

(a)      "Act" means the Motor Vehicles Act, 1988 (Act No. 59 of 1988).

(b)      "Annexure" means annexure annexed to these rules;

(c)      "Appellate Tribunal" means the Himachal Pradesh Transport Appellate Tribunal.

(d)      "Appointing Authority", means the authority empowered to make appointments to the service or post.

(e)      "Chairman" means the Chairman-cum-Member of the Transport Appellate Tribunal.

(f)       "Department" means Department of Transport Himachal Pradesh.

(g)      "Government" means the Government of Himachal Pradesh

(h)     "Schedule" means schedule annexed to these rules

PART-II

Rule 3. Officers and Other Employees of the Himachal Pradesh Transport Appellate Tribunal.

The posts of officers and the other employees created by the State Government on the establishment of the Himachal Pradesh Transport Appellate Tribunal, shall consist of the Posts in Class-I, Class-II, Class-III and Class-IV Services as specified in the SCHEDULE-I.

Rule 4. Administration and Control of the Himachal Pradesh Transport Appellate Tribunal.

The Chairman, shall administer the office of the Tribunal and shall exercise control over the officers and other employees and shall also be responsible for the smooth and efficient working of the office.

Rule 5. Method of Recruitment.

Recruitment to a post or class of posts shall be made as per the mode of appointment shown in SCHEDULE-II.

Rule 6. Method of Recruitment to Class I, II, IIIAnd IV Posts of the Himachal Pradesh Transport Appellate Tribunal.

The vacant posts in different cadres will be filled up by appointment/promotion/secondment basis subject to the eligibility and other criteria specified in the SCHEDULE-II.

Rule 7. Appointing Authority/ Recruting Authority.

(i)       The Registrar General, HP High Court shall be the appointing authority of the Chairman-cumMember, Himachal Pradesh Transport Appellate Tribunal.

(ii)      Chairman-cum-Member, Himachal Pradesh Transport Appellate Tribunal shall be the Appointing Authority in respect of appointment on compassionate Grounds as well as on secondment basis.

(iii)     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.

PART-III

Rule 8. Pay and Allowances.

The persons borne on the establishment of the Himachal Pradesh, Transport Appellate Tribunal shall draw such pay and allowances as are specified in the SCHEDULE-I.

Rule 9. Eligibility.

A person shall not be eligible for appointment to any post, unless he possesses the qualifications, and also fulfills the requirements of such appointment prescribed in the SCHEDULE-II:

Provided that in any particular case, where an officer or other employee, if based upon his/her seniority comes within the zone of consideration for promotion/selection to a higher post, but does not possess the requisite educational or academic or other qualifications prescribed for such post, he/she may be considered for such promotion after relaxation of the eligibility criteria with the approval of the State Government with respect to such qualification, if in the opinion of the Chairman, he/she possesses outstanding merit and ability and, looking to the nature of the duties of the higher post, is fully capable of performing such duties. For forming such an opinion, the Chairman may in a given situation, refer the case for assessment of the merit and the capability to .perform the duties of higher post by such Officer/Employee to a Committee, to be constituted by him.

Rule 10. Stop-Gap Appointment.

Where it is necessary to fill a vacancy in any post and undue delay is expected in appointing a duly qualified and experienced person, the Chairman, may appoint any officer or employee of the Himachal Pradesh Transport Appellate Tribunal on adhoc basis as a stop-gap arrangement in accordance with these rules to avoid administrative inconvenience :

Provided that a person so appointed shall be replaced as soon as possible by an officer or employee, as the case may be, entitled to be promoted or by a candidate selected by direct recruitment under these rules.

Rule 11. Seniority.

The seniority of officers and other employees of the Himachal Pradesh Transport Appellate Tribunal shall be determined in accordance with the general principles of seniority issued by the Personnel Department (Appointment-II) from time to time.

Rule 12. Other Conditions of Service.

The conditions of service of the officers and other employees of the Himachal Pradesh Transport Appellate Tribunal in the matter of Pay,Allowances, Leave, Provident Fund, Age of superannuation, Pension and retiral benefits, medical facilities and other conditions of service for which no express provision has been made in these rules, shall be regulated by the rules, regulations and orders as are applicable to the officers and other employees belonging to Class-I, II, III or IV, as the case may be, of the corresponding posts or scales of pay stationed at those places.

Rule 13. Desirable Qualification for Direct Recruitment.

Knowledge of customs, manners and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the State shall be desirable qualifications.

Rule 14. Age for Direct Recruitment.

Age: Between 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 Government:

Provided further that upper age limit is relaxable for Scheduled Castes/Scheduled Tribe, Other Backward Classes candidates and other categories of persons to the extent permissible under the general or special orders of the State Government.

Note.- Age limit for direct recruits will be reckoned as the 1st day of the year in which the posts are advertised by inviting applications or notified to the employment exchanges, as the case may be.

Rule 15. Essential Requirement for Direct Recruitment.

A candidate for appointment to any service or post must be a Citizen of India.

Rule 16. Reservations.

Appointment to a post shall be subject to orders regarding reservation in the service for Schedule Castes/Scheduled Tribes/Other Backward Classes/Other categories of persons issued by the State Government from time to time.

PART-IV

Rule 17. Posting and Transfers.

Notwithstanding the initial appointment of any person on any particular post or in any particular class or category, the Chairman may in the interest of administration, transfer any such person to any other post, or in any other class or category, but such transfer or posting shall not affect his/her seniority as originally fixed or determined.

Rule 18. Application of Central Civil Services (Classification, Control and Appeal) Rules, 1965.

In disciplinary matters, the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, shall apply and the Disciplinary and Appellate Authorities shall be as specified in SCHEDULE-III:

Provided that no appeal shall lie from any order passed by the Chairman under these rules.

PART-V

Rule 19. Probation.

(A)     Persons appointed on the establishment of the Himachal Pradesh Transport Appellate Tribunal either by direct recruitment or by promotion shall be on probation for a period of two years from the date of their initial appointment as under:-

(i)       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 circumstance and for 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.

(ii)      Promotion:-

Two years in the case of promotion from one Class to another e.g. from Class-II to Class-I.

In special circumstances, the Chairman may extend the period of probation with reasons to be recorded in writing.

(B)     It shall be permissible with respect to any individual officer/ other employees or group of such officers/other employees to provide for passing of any special examination(s) as condition precedent for completion of the probation period.

Rule 20. Confirmation.

A probationer shall be confirmed substantively at the end of his/her probation period (or extended probation period) if his/her act and conduct during the period of probation has been found to be satisfactory in accordance with the simplified procedure laid down by GOI, DoPT vide its O.M. dated 28-03-1988 adopted by the State Government in the Department of Personnel vide O.M dated 14-06-1994.

Rule 21. Conduct.

(i)       Every Officer and employee of the Himachal Pradesh Transport Appellate Tribunal shall maintain absolute integrity and devotion to duty at all times.

(ii)      No officer and employee of the Himachal Pradesh Transport Appellate Tribunal shall act in a manner prejudicial to discipline and good order in the Himachal Pradesh Transport Appellate Tribunal.

(iii)     The rules and orders for the time being in force and applicable to the Government Servants in the Government of Himachal Pradesh in regard to conduct shall apply mutatis mutandis to the officers and other employees of the Himachal Pradesh Transport Appellate Tribunal.

Rule 22. Appointment on Compassonate Grounds.

The Chairman, may in a suitable case appoint on compassionate grounds any person having requisite qualifications against a Class-III or Class-IV post to be filled by direct recruitment except that of an Assistant or above, but subject to availability of posts with the prior approval of the Finance Department through Administrative Department.

Rule 23. Delegation.

The Chairman may delegate the powers vested in him under these Rules to an appropriate officer of the Himachal Pradesh Transport Appellate Tribunal.

Rule 24. Power to Relax.

(A)     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 and in consultation with the Chairman, Himachal Pradesh Transport Appellate Tribunal, relax any of the provisions of these rules with respect to any class or category of persons or posts.

(B)     It shall be permissible with respect to any individual officer/ other employees or group of such officers/other employees to provide for passing of any special examination(s) as condition precedent for completion of the probation period.

Rule 25. Interpretation.

If any dispute or question arises relating to the applicability or interpretation of these rules, the decision of the State Government shall be final.

Rule 26. Removal of Difficulties.

If any difficulty arises in giving effect to any of the provisions of these rules, the Government may by an order in writing do, what appears to be necessary for the purpose of removing the difficulty or amend these Rules.

Rule 27. Selection for Appointment to the Post by Contract Appointment.

Notwithstanding anything contained in these Rules, contact appointments to the post(s) will be made subject to the terms and conditions given in the Annexure "A" & "B" appended to these rules.

Rule 28. Residuary Matter.

With regard to the matters not specifically covered by or under these rules, including the matters governing service conditions of the officers/and other employees, their conduct and discipline, the same shall be governed by law, rules and regulations or norms applicable to the State Government employees in general in so far as those are not inconsistent with or repugnant to these Rules.

SCHEDULE-I

Statement showing details of various posts in the Himachal Pradesh Transport Appellate Tribunal

SCHEDULE-II

SCHEDULE-III

Annexure-"A"

Selection for appointment to the post by contract appointment:-

Notwithstanding anything contained in these rules, contract appointment 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____________ Himachal Pradesh Transport Appellate Tribunal H.P. 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/ HPRCA:-

The________________ (Designation of the appointing authority) 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 Pradesh Public Service Commission/Himachal Pradesh Rajya Chayan Aayog, Hamirpur.

(c)      POST FALLS OUT OF THE PURVIEW OF HPPSC/ HPRCA:-

The (Designation of the appointing authority) after obtaining the approval of the Government to fill up the vacant posts on contract basis will advertise the details of the vacant posts in atleast two leading newspapers and invite applications from candidates having the prescribed qualifications and fulfilling the other eligilibility conditions as prescribed in these rules.

(d)      The selection will be made in accordance with the eligibility conditions prescribed in these rules;

(II)     CONTRACTUAL EMOLUMENTS:

The_____________(Name of the post) appointed on contract basis will be paid consolidated fixed contractual amount @ Rs_________/- P.M. (which shall be equal to minimum of the pay band + grade pay). An amount of Rs___ /- (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 Chairman-cum-Member, Himachal Pradesh Transport Appellate Tribunal will be the appointing & disciplinary authority.

(IV)   SELECTION PROCESS:

(a)      FOR POST(S) FALLING WITHIN THE PURVIEW OF HPPSC/HPRCA:

Selection for appointment to the post in the case of Contract Appointment will 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 test (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/ Himachal Pradesh Rajya Chayan Aayog, Hamirpur.

(b)      FOR POST(S) FALLING OUT OF THE PURVIEW OF HPPSC/HPRCA:

Selection for appointment to the post in the case of contract appointment will 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 test (objective type)/ written test or practical test or physical test, the standard/syllabus etc. of which will be determined by the concerned recruiting authority.

(V)     COMMITTEE FOR SELECTION OF CONTRACTUAL APPOINTMENTS:

(a)      FOR POST(S) FALLING WITHIN THE PURVIEW OF HPPSC/HPRCA:

As may be constituted by the concerned recruiting agency i.e. Himachal Pradesh Public Service Commission/Himachal Pradesh Rajya Chayan Aayog, Hamirpur, from time to time.

(b)      FOR POST(S) FALLING OUTSIDE THE PURVIEW OF HPPSC/HPRCA:

As may be constituted by the concerned recruiting authority from time to time.

(VI)   AGREEMENT:

After selection of a candidate, he/she shall sign an agreement as per Annexure-"B" appended to these rules.

(VII)  TERMS AND CONDITIONS:

(a)      The contractual appointee will be paid fixed contractual amount @ Rs.____/ 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 @ Rs.___ /- (3% of minimum of the 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. In case the contract appointee is not satisfied with termination orders issued by the Appointing Authority, he may prefer an appeal before the Appllette 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 month service, 10 days medical leave and 5 days special leave in a calendar year. appointee will also be entitled for 135 days maternity 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:

Provided that the 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 unauthorized 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 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 shall be re-examined for 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 & 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).

Annexure-"B"

Form of contract/agreement to be executed between the_____ (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 Shri _____________ , r/o __________________ Contract appointee (hereinafter called the FIRST PARTY), AND The Governor of Himachal Pradesh through (Designation of the Appointing Authority) 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 extention/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 Rs._____ /- 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. In case the contract appointee is not satisfied with termination orders issued by the Appointing Authority, he may prefer an appeal before the Appllette 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.

(4)     Contractual____(Name of the post) will be entitled for one days casual leave after putting one month service, 10 days medical leave and 5 days special leave in a calendar year. A female, contract appointee will also be entitled for 135 days maternity 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:

Provided that the 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 shall submit the cerfificate 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 Practioner. In case of women candidates pregnant 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 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:

(1)     __________________________

____________________________

(Name and Full Address)

(Signature of the FIRST PARTY)

(2)     __________________________

____________________________

(Name and Full Address)

(Signature of the SECOND PARTY)