PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN CONDITIONS OF SERVICE) ACT, 2011

PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN CONDITIONS OF SERVICE) ACT, 2011

Preamble - PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN CONDITIONS OF SERVICE) ACT, 2011

THE PUNJAB CIVIL SERVICES (RATIONALISATION OF CERTAIN CONDITIONS OF SERVICE) ACT, 2011

[Act No. 8 of 2011]

[02nd April, 2011]

PREAMBLE

An Act to rationalise certain conditions of service of Government employees to be appointed by direct recruitment to the services or posts in connection with the affairs of the State of Punjab and for the matters connected therewith or incidental thereto.

Be it enacted by the Legislature of the State of Punjab in the Sixty-second Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the Punjab Civil Services (Rationalisation of Certain Conditions of Service) Act, 2011.

(2)     It shall come into force at once.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "appointing authority" means an authority conferred with the powers to make appointment to any service or post in connection with the affairs of the State of Punjab under any Act, rules, regulations, bye-laws or executive instructions;

(b)      "appointment by direct recruitment" means an appointment made otherwise than by promotion or by transfer of a person already in the service of Government of India or of a State Government;

(c)      "Government" means the Government of the State of Punjab;

(d)      "period of induction" means the period of three years commencing from the date of appointment of a person under this Act to a service or post, which is extendable up to five years;

(e)      "recruiting authority" shall include the Punjab Public Service Commission, the Punjab Subordinate Services Selection Board or any other authority or committee constituted to make recruitment by the Punjab Government; and

(f)       "Service" means any Group 'A' Service, Group 'B' Service, Group 'C' Service or Group 'D' Service, constituted in connection with the affairs of the State of Punjab.

Section 3 - Application of the Act

Save as otherwise expressly provided by or under this Act, this Act shall apply to all persons, appointed by direct recruitment to the services or posts in connection with the affairs of the State of Punjab on and from the date of its commencement.

Section 4 - Exclusion of certain persons from operation of the Act

This Act shall not apply to the,--

(a)      members of All India Services serving in connection with the affairs of the State of Punjab;

(b)      persons appointed to the Punjab Civil Service (Executive Branch) and Allied Services;

(c)      persons appointed to the Punjab Civil Service (Judicial Branch);

(d)      persons not in the whole-time employment of the Punjab Government;

(e)      persons paid out of contingencies; and

(f)       persons appointed to the services or posts in connection with the affairs of the State of Punjab before the commencement of this Act.

Section 5 - Appointment by direct recruitment

Subject to the provisions of the Constitution of India and any other Act, rules, regulations, bye-laws or instructions providing for reservation of appointments or posts in favour of any class of citizens of India, the appointment by direct recruitment to the services and posts in connection with the affairs of the State of Punjab shall be on the principle of merit, fairness and open competition and subject to such conditions, as may be stipulated by the competent authority.

Section 6 - Period of induction

A person after his appointment by direct recruitment shall remain on period of induction.

Section 7 - Emoluments during the period of induction

(1)     During the period of induction, a Government employee shall be entitled to receive all-inclusive fixed monthly emoluments equal to the minimum of the pay band of the post to which he is appointed, but he shall not be entitled to receive the grade pay, if any, attached to the post.

(2)     Notwithstanding anything contained in any other Act, rules, regulations, bye-laws, instructions or guidelines for the time being in force, the all-inclusive fixed monthly emoluments admissible under sub-section (1), shall not be varied, altered, modified or revised to the advantage or disadvantage of an employee during the period of induction.

(3)     Save as otherwise expressly provided by or under this Act, during the period of induction, a Government employee shall not be entitled to any other allowance or monetary benefit whatsoever:

Provided that an employee, who holds a lien on another post, shall have the option to receive either all-inclusive fixed monthly emoluments admissible under this section or the pay and allowances admissible to him in respect of the post on which he holds a lien:

Provided further that where such Government employee holds a lien on another post, and his pay in respect of that post is more than the maximum pay of the post to which he is appointed under this Act, he shall be entitled to the maximum pay of the scale of new post as initial pay. In addition to this he shall be entitled to all the allowances admissible on such initial pay.

Section 8 - Non-reckoning of the service rendered during the period of induction for any other purpose

The service rendered during the period of induction shall not be counted either notionally or otherwise for any purpose whatsoever, and a Government employee shall not be entitled to any direct or indirect monetary benefit for the service rendered by him during the period of induction other than the all-inclusive fixed monthly emoluments admissible to him under this Act:

Provided that if death of a Government employee occurs during the period of induction or the employee becomes permanently disabled and also becomes unfit for further service, his eligible dependent family member or members or he himself, as the case may be, shall be entitled to receive ex gratia grant and gratuity on the pattern on which it is admissible to Government employees appointed on or after the first day of January, 2004:

Provided further that where an employee holds a Hen on another post and gives an option to receive pay and allowances in respect of that post, the service rendered by him during the period of induction, shall be counted for determining the qualifying service for pensionary benefits, subject to the condition that the pension contribution, if any, payable under the provisions of relevant rules or instructions-is deposited by him.

Section 9 - Performance appraisal

On completion of the period of induction, the appointing authority shall make an assessment of the work and conduct of the Government employee in accordance with the procedure and standards of performance, as laid down by the competent authority by rules, regulations, instructions or orders issued in this behalf.

Section 10 - Successful completion of period of induction

If the appointing authority is of the opinion that the work and conduct of the Government employee during the period of induction, has been found to be satisfactory, it may confirm the Government employee from the day, following the day, on which the period of induction was completed satisfactorily:

Provided that if no order of confirmation is issued within a period of three months from the date of successful completion of the period of induction, the Government employee shall be deemed to have been confirmed from the day, following the day, on which the period of induction was completed satisfactorily.

Section 11 - Pay and allowances on successful completion of period of induction

From the day, following the day of successful completion of the period of induction, the Government employee shall be entitled to receive pay at the initial stage of the scale of pay applicable to the post to which he is appointed in accordance with the relevant Service Rules. In addition to this, he shall also be entitled to receive all allowances admissible under any relevant Act, rules, regulations, bye-laws, instructions or guidelines in force.

Section 12 - Conditions of service on successful completion of period of induction

The service rendered by the Government employee from the day, following the day of successful completion of the period of induction, shall be counted for all intents and purposes including seniority, pay, increment, promotion, assured progression, higher grade, leave or pensionary benefits admissible to him under any relevant Act, rules, regulations, bye-laws, instructions or guidelines in force.

Section 13 - Seniority

(1)     A person appointed under this Act, shall be assigned seniority from the day, following the day, on which he completes the period of induction satisfactorily.

(2)     The seniority referred to in sub-section (1), shall be determined in accordance with the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, as amended from time to time.

Section 14 - Consequences of unsatisfactory work and conduct during the period of induction

If the appointing authority is of the opinion that the work and conduct of a Government employee, during the period of induction has not been found to be satisfactory, or if he has failed to pass the departmental examination, if any, prescribed in the relevant Service Rules or departmental regulations, bye-laws or instructions within a period of three years from the date of appointment, it may,--

(a)      dispense with his services forthwith; or

(b)      revert him to a post on which he holds a lien; or

(c)      extend the period of induction for a period of six months at a time, subject to the condition that the total period of induction including extension, if any, shall not exceed five years; and thereafter pass such orders, as mentioned in section 10 or in clauses (a) or (b) of this section, as the case may be.

Section 15 - Emoluments during the extended period of induction

During the extended period of induction, the Government employee shall continue to receive all inclusive fixed emoluments, as mentioned in section 7.

Section 16 - Other conditions of service during the period of induction

(1)     The other conditions of Service during the period of induction shall be such, as may be stipulated by the Government from time to time.

(2)     Tilt the conditions are stipulated by the Government under sub-section (1), the conditions of Service during the period of induction shall be, as provided hereinafter,--

(a)      A Government employee shall be entitled to,--

(i)       casual leave of twelve days during each year of Service; and

(ii)      extraordinary leave of thirty days on account of accident or serious illness, subject to the production of medical certificate, as required in the case of a regular Government employee.:

(b)      A woman Government employee shall be entitled to,--

(i)       maternity leave for a period of three months, subject to the same conditions, as are applicable in the case of a regular Government employee; and

(ii)      leave for miscarriage for a period of six weeks, subject to the same conditions, as are applicable in the case of a regular Government employee.;

(c)      if a Government employee is required to travel in public interest, he shall be entitled to Travelling Allowance and Daily Allowance at the same rates, as are applicable in the case of a corresponding regular employee with the lowest grade;

(d)      the services of a Government employee shall be terminable before the expiry of the period of induction by giving prior notice of one month from either side, or on payment of amount equal to the emoluments of one month in lieu of such notice; and

(e)      in the matters of discipline and conduct, the provisions of the Act, rules, regulations, bye-laws or instructions, as are applicable to a regular employee shall apply mutatis mutandis.

Section 17 - Application of the Act to the State Public Sector Undertakings

This Act shall also apply mutatis mutandis to the persons appointed by direct recruitment in the State Public Sector Undertakings including Boards, Municipalities, Corporations, Companies, Authorities, Autonomous Statutory Bodies, whether incorporated or not, Apex Co-operative Societies and Societies registered under the Societies Registration Act, 1860, which are wholly or substantially owned or controlled by the Punjab Government.

Section 18 - Power to issue instructions

The Government may, from time to time, issue executive instructions relating to the matters to which the provisions of this Act apply:

Provided that such instructions shall be consistent with the provisions of this Act.

Section 19 - Power to remove difficulties

(1)     If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by notification, published in the Official Gazette, make such order, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for the removal of difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of coming into force of this Act.

(2)     Every order made under this section shall be laid, as soon as may be, after it is made before the State Legislature.

Section 20 - Overriding effect

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any,--

(a)      other law for the time being in force;

(b)      judgment, decree or order passed by any court; or

(c)      rules, regulations, bye-laws, notification, order, policy, circular, instructions, advice, letter of appointment, offer of appointment or guidelines issued by any authority for the time being in force.