PUNJAB FOOD AND DRUG ADMINISTRATION
(TECHNICAL GROUP-C) SERVICE RULES, 2016
PREAMBLE
In
exercise of the powers conferred by the provision to article 309 of the
Constitution of India, and all other powers enabling him in this behalf, the
Governor of Punjab is pleased to make the following rules, regulating the
recruitment and the conditions of Service of the persons appointed to the
Punjab Food and Drug Administration (Technical Group-C) Service namely:-
Rule - 1. Short title, commencement and application.--
(1) These
rules may be called the Punjab Food and Drug Administration (Technical Group-C)
Service Rules, 2016.
(2) They
shall come into force on and with effect from the date of their publication in
the Official Gazette.
(3) They
shall apply to the posts specified in Appendix 'A'.
Rule - 2. Definitions.--
(1) In these
rules, unless the context otherwise requires,-(a) 'Appendix' means an Appendix,
appended to these rules;
(b)?? ?'Commissioner' means the Commissioner, Food
and Drug Administration;
(c)? ?'Service' means the Punjab Food and Drug
Administration (Technical Group-C) Service; and
(d) ??'Government' means the Government of the
State of Punjab in the Department of Health and Family Welfare;
Rule - 3. Number and character of posts.--
The Service shall comprise the
posts specified in Appendix 'A':
Provided that nothing in these
rules shall affect the inherent right of the Government to add to or to reduce
the number of such posts or to create new posts with different designations and
scale of pay, whether permanently or temporarily.
Rule - 4. Appointing authority.--
Appointment to the Service shall
be made by the Commissioner.
Rule - 5. Method of appointment, qualifications and experience.--
(1) Appointment
to the Service shall be made in the manner as specified in Appendix 'B':
Provided that if no suitable
candidate is available for appointment by promotion and by direct appointment,
then appointment to the Service shall be made by transfer of a person holding a
similar or identical post under a State Government or Government of India.
(2) No person
shall be appointed to any post in the Service unless he possesses the
qualifications and experience as specified against that post in appendix 'B'.
(3) Appointment
to the Service by promotion shall be made on the basis of seniority-cum-merit,
but no person shall have any right to claim promotion on the basis of seniority
alone.
Rule - 6. Pay of members of the Service.--
The members of the Service shall
be entitled to such scales of pay, as may be authorized by the Punjab
Government from time to time. The scales of pay at present in force are given
in Appendix 'A'.
Rule - 7. Discipline, Punishment and appeal.--
(1) In the
matters of discipline, punishment and appeal, the members of the Service shall
be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970,
as amended from time to time.
(2) The
authority empowered to impose penalties, as specified in the rule 5 of the
Punjab Civil Services (Punishment and Appeal) Rules, 1970 and the appellate
authority thereunder in respect of the members of the Service, shall
respectively be the Commissioner and the Government.
Rule - 8. Application of the Punjab Civil Service (General and Common Conditions of Service) Rules, 1994.--
(1) In
respect of the matters, which are not specifically provided in these rules, the
members of the Service shall be governed by the Punjab Civil Services (General
and Common Conditions of Service) Rules, 1994, as amended from time to time.
(2) The
Punjab Civil Services (General and Common Conditions of Service) Rules, 1994,
at present in force, are contained in Appendix 'C'
.
Rule - 9. Repeal and Savings.--
The Punjab Health and Family
Welfare Technical (Group 'C') Service Rules, 2007 in so far these are
applicable to the members of the Service are hereby repealed;
Provided that any order issued or
any action taken under the rules so repealed, shall be deemed to have been made
or taken under the corresponding provision of these rules.
Rule - 10. Interpretation.--
If any question arises as to the
interpretation of these rules, the Government shall decide the same in
consultation with the Department of Personnel.
"APPENDIX 'A'
[See rules 1(3), 3 and 6]
|
Serial
No.
|
Designation
of the Post
|
Number
of Posts
|
Scale
of Pay
|
Grade
Pay
|
|
Permanent
|
Temporary
|
Total
|
(in
rupees)
|
(in
rupees)
|
|
(Food
Safety)
|
|
1
|
Food
Safety Officer
|
60
|
-
|
60
|
10300-34800
|
4200
|
"APPENDIX 'B'
[See Rule 5]
|
Sr.
No.
|
Designation
of the post
|
Percentage
for Appointment by
|
Method,
Qualifications and Experience for Appointment by
|
|
Direct
Appointment
|
Promotion
|
Direct
Appointment
|
Promotion
|
|
1.
|
2.
|
3.
|
4.
|
5.
|
6.
|
|
Group-C
(Technical)
|
|
1.
|
Food
Safety
Officer
|
Hundred
percent
|
|
Should
possess qualification as provided in rule 2.1.3 of the Food Safety and
Standards Rules, 2011, as under;
(i)
Should possess degree in Food Technology or Dairy Technology or Biotechnology
or Oil Technology or Agricultural Science or Veterinary Sciences or Bio
Chemistry or Microbiology or Masters Degree in Chemistry or degree in
medicine from a recognized University or institution of India. (ii) Any other
equivalent/recognized qualifications as notified by the Central Government,
and
(iii)
Has successfully completed training as specified by the Food Authority in a
recognized institute or Institution approved for the purpose: Provided that
no person, who has any financial interest in the manufacture, import or sale
of any article of food shall be appointed to be a Food Safety Officer.
|
-
|
Appendix 'C'
[See rule 8]
GOVERNMENT
OF PUNJAB DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS
(PERSONNEL
POLICIES 1 BRANCH)
PREAMBLE
In
exercise of the powers conferred by the proviso to article 309 of the
Constitution of India, and all other powers enabling in this behalf, the
Governor of Punjab is pleased to make the following rules regulating the
recruitment and the conditions of Service of the persons appointed to Class I,
Class II and Class III services in connection with the affairs of the State of
Punjab, namely:-
1. Short title, commencement and
application.--
(i) These
rules may be called the Punjab Civil Services (General and Common Conditions of
Service Rules, 1994).
(ii) They
shall come into force at once.
(iii) They
shall apply to all the posts in Class I, Class II and Class III services in
connection with the affairs of the State of Punjab.
2. Definitions.--
In these rules, unless the
context otherwise requires,-
(a) "appointing
authority" means an appointing authority specified as such in the Service
Rules made under articles 309 of the Constitution of India in respect of any
service of post in connection with the affairs of the State of Punjab;
(b) "Board"
means the Subordinate Services Selection Board Punjab or any other authority
constituted to perform its functions;
(c) "Commission"
means the Punjab Public Service Commission;
(d) "direct
appointment" 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;
(e) "Government"
means the Government of the State of Punjab in the Department of Personnel and
Administrative Reforms;
(f) "recognized
university or institution" means,-
(i) any
university or institution incorporated by law in any of the State of India; or
(ii) any other
university or institution which is declared by the Government to be a
recognized university or institution for the purposes of these rules;
(g) "Service"
means any Class I service, Class II service or Class III service constituted in
connection with the affairs of the State of Punjab;
(h) "Service
Rules" means the service rules made under article 309 of the Constitution
of India regulating the recruitment and conditions of service other than the
general and common conditions of service of persons appointed to any service or
post in connection with the affairs of the State of Punjab; and
(i) "War
Hero" means a defense services personnel, or a paramilitary forces
personnel, who is a bona fide resident of Punjab State and is killed, or
discharged from the above service on account of disability suffered by him
while fighting for defending the border of the country in Kargil sector of the
State of Jammu and Kashmir or fighting for the country in any other sector or
similar operation on or after the first day of January, 1999 which may be
notified by the State Government as undertaken for preserving the unity and
integrity of the motherland. However, in exceptional cases, the cases of those
war hero's can also be covered under this definition who, though, not bona fide
residents of Punjab State, but are yet closely connected to the State of
Punjab. In such exceptional cases, the express approval of the Department of
Personnel will be mandatory.
3. Nationality, domicile and
character of persons appointed to the service.--
(i)?? ?No
person shall be appointed to the Service unless he is,-
(a) a Citizen
of India; or
(b) a Citizen
of Nepal; or
(c) a Subject
of Bhutan; or
(d) A Tibetan
refugee who came over to India before the 1st day of January, 1962 with the
intention of permanently settling in India; or
(e) a person
of Indian origin who has migrated from Pakistan, Burma, Sri Lanka and East
African Countries of Kenya, Uganda and United Republic of Tanzania (formerly
Tanganyika and Zanzibar) Zambia, Malawi, Zaire, Ethiopia and Vietnam with the
intention of permanently settling in India:
Provided that a person belonging
to any of the categories (b), (c), (d) and (e) shall be a person in whose favor
a certificate or eligibility has been given by the Government of Punjab in the
Department of Home Affairs and Justice.
(ii) ???A person in whose case a certificate of
eligibility is necessary may be admitted to an examination or interview
conducted by the Commission or the Board, as the case may be, on his furnishing
proof that he has applied for the certificate is given to him by the Government
of Punjab in the Department of Home Affairs and Justice.
(iii)? ?No
person shall be recruited to the Service by direct appointment, unless he
produces.-
(a) a
certificate of character from the principal academic officer of the university,
college, school or institution last attended, if any, and similar certificates
from two responsible persons not being his relatives, who are well acquainted
with him in his private life and are unconnected with his university college,
school or institution; and
(b) An
affidavit to the effect that he was never convicted for any criminal offence
involving moral turpitude and that he was never dismissed or removed from
service of any State Government or of Government of India or of any Public
Sector Undertakings.
4. Disqualifications.--
No person;
(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
person, shall be eligible for appointment to the Service:
Provided that the Government, if
satisfied that such marriage is permissible under the personal law applicable
to such person and the other party to the marriage and that there are other
grounds for so doing, exempt any from the operation of this rule.
5. Age.--
(i)?? ?No
person shall be recruited to the Service by direct appointment if he is less
than eighteen years or is more than thirty years of age in the case of non
technical posts and thirty three years in the case of technical posts on the
1st day of January of the year immediately preceding the last date fixed for
submission of applications by the Commission of the Board, as the case may be,
or unless he is within such range of minimum and maximum age limits as may be
specifically fixed by the Government from time to time.
Provided that where different
lower and upper age limits have been specifically prescribed for posts in the
Service Rules, these limits shall be made applicable for appointment to such
posts:
Provided further that the upper
age limit may be relaxed up to forty-five years in the case of persons already
in the employment of the Punjab Government, other State Government, or the
Government of India:
Provided further that in the case
of candidates belonging to Scheduled Castes and other Backward Classes, the
upper age limit shall be such as may be fixed by the Government from time to
time.
(ii) ???In the case of ex-servicemen, the upper age
limit shall be such as has been prescribed in the Punjab Recruitment of
Ex-servicemen Rules, 1982, as amended from time to time.
(iii) ??in the case of appointment on compassionate
grounds on priority basis, the upper age limit shall be such as may be
specifically fixed by the Government from time to time.
(iv) ??In the case of appointment of a War-hero, who
has been discharged from defense services or Para-military forces on account of
disability suffered by him or his widow or depended member of his family, the
upper age limit shall be such as may be specifically fixed by the Government
from time to time.
6. Qualifications etc.--
Subject to the provisions of
these rules, the number and character of posts, method of recruitment and
educational qualifications and experience for appointment to a post or posts in
a Service and the departmental examination, if any, shall be such as may be
specified in the Service Rules made for that Service:
Provided that where appointment
of Class I or Class II non-technical post is offered to a war-hero, who has
been discharged from defense services or Para-military forces on account of
disability suffered by him or his widow or dependent member of his family,
under the instructions issued in this behalf by the Government, the educational
qualification to be possessed by such person shall be graduation from a
recognized university. Such person who is offered Class I or Class II or Class
III non-technical post, shall not, however, be required to posses experience of
technical or non technical post at the time of his initial appointment.
7. Probation.--
(i) ???A person appointed to any post in the
Service shall remain on probation for a ?period
of two years, if recruited by direct appointment and one year if appointed
otherwise:
Provided that-
(a) any
period, after such appointment, spent on deputation on a corresponding or a
higher post shall count towards the period of probation;
(b) in the
case of any appointment by transfer, any period of work on an equivalent or
higher rank, prior to appointment to the Service, may in the discretion of the
appointing authority, be allowed to count towards the period of probation;
(c) any
period of officiating appointment to the Service shall be reckoned as period
spent on probation; and
(d) any kind
of leave not exceeding six months during or at the end of period of probation,
shall be counted towards the period of probation.
(ii)? ?If, in
the opinion of the appointing authority, the work or conduct of a person during
the period of probation is not satisfactory or if he has failed to pass the
departmental examination, if any prescribed in Service Rules within a period
not exceeding two and a half years from the date of appointment, it may,-
(a) if such
person is recruited by direct appointment, dispense with his services, or
revert him to a post on which he held lien prior to his appointment to the
Service by direct appointment; and
(b) if such
person is appointed otherwise,-
(i) ???revert him to his former post; or
(ii)?? ?deal
with him in such other manner as the terms and conditions of the previous
appointment permit.
(iii) ??On the completion of the period of probation
of a person, the appointing authority may,-
(iii)? ?On the
completion of the period of probation of a person, the appointing authority
may,-
(a) if his
work and conduct has, in its opinion been satisfactory,-
(i) ???confirm such person, from the date of his
appointment or from the date he completes his period of probation
satisfactorily if he is not already confirmed; or
(ii) ???declare that he has completed his probation
satisfactorily, if he is already confirmed; or
(b) If his work
or conduct has not been, in its opinion, satisfactory or if he has failed to
pass the Departmental Examination, if any, specified in the Service Rules,-
(i) ???dispense with his service, if appointed by
direct appointment or if appointed otherwise revert him to his former post, or
deal with him in such other manner as the terms and conditions of his previous
appointment may permit; or
(ii) ??extend his period of probation and thereafter
pass such order as it could have passed on the expiry of the period of
probation as specified in sub-rule (1):
Provided that the total period of
probation including extension, if any, shall not exceed three years.
8. Seniority.--
The seniority inter-se of persons
appointed to posts in each cadre of a Service shall be determined by the length
of continuous service on such post in that cadre of the Service:
Provided that in the case of
persons recruited by direct appointment who join within the period specified in
the order of appointment or with such period as may be extended from time to
time by the appointing authority subject to a maximum of four months from the
date of order of appointment, the order of merit determined by the Commission
or the Board, as the case may be, shall not be disturbed:
Provided further that in case a
person is permitted to join the post after the expiry of the said period of
four months in consultation with the Commission or the Board, as the case may
be, his seniority shall be determined from the date he joins the post:
Provided further that in case any
person of the next selection has joined a post in the cadre of the concerned Service
before the person referred to in the preceding proviso joins, the person so
referred shall be placed below all the persons of the next selection, who join
within the time specified in the first proviso:
Provided further that in the case
of two or more persons appointed on the same date, their seniority shall be
determined as follows:-
(a) a person
appointed by direct appointment shall be senior to a person appointed
otherwise;
(b) a person
appointed by promotion shall be senior to a person appointed by transfer,
(c) in the
case of person appointed by promotion or transfer, the seniority shall be
determined according to the seniority of such persons in the appointments from
which they were promoted or transferred; and
(d) In the
case of persons appointed by transfer from different cadres, their seniority
shall be determined according to pay, preference being given to a person who
was drawing a higher rate of pay in his previous appointment; and if the rates
of pay drawn are also the same, then by their length of service in these
appointments and if the length of service is also the same, an older person
shall be senior to a younger person.
Note:-Seniority of persons
appointed on purely provisional basis or on adhoc basis shall be determined as
and when they are regularly appointed keeping in view the dates of such regular
appointment.
9. Liability of members of
Service to transfer.--
A member of a Service may be
transferred to any post whether included in any other service or not, on the
same terms and conditions as are specified in rule 3.17 of the Punjab Civil
Services Rules, Volume I, Part I.
10. Liability to serve.--
A member of Service shall be
liable to serve at any place, whether within or out of the State of Punjab, on
being ordered so to do by the appointing authority.
11. Leave, Pension and other
matters.--
In respect of pay, leave, pension
and all other matters not expressly provided for in these rules, a member of a
Service shall be governed by such rules and regulations as may have been or may
hereafter be adopted or made by the competent authority.
12. Discipline, penalties and
appeals.--
(i) ???In the matter of discipline, punishment and
appeals, a member of Service shall be governed by the Punjab Civil Services
(Punishment and Appeal) Rules, 1970 as amended from time to time.
(ii) ??The authority empowered to impose penalties
specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules,
1970 and the appellate authority thereunder in respect of the Government
employee shall be such as may be specified in the Service Rules.
13. Liability for vaccination and
re-vaccination.--
Every member of a Service shall
get himself vaccinated or re-vaccinated when Punjab Government directs by a
special or general order.
14. Oath of allegiance.--
Every member of a Service, unless
he has already done so, shall be required to take oath of a allegiance to India
and to the Constitution of India as by law established.
15. Knowledge of Punjabi
Language.--
No person shall be appointed to
any post in any Service by direct appointment unless he has passed
Matriculation examination with Punjabi as one of the compulsory or elective
subject or any other equivalent examination by the Government from time to
time:
Provided that where a person is
appointed on compassionate grounds on priority basis under the instructions
issued in this behalf by the Government form time to time, the person so
appointed shall have to pass an examination of Punjabi Language equivalent to
Matriculation standard or he shall have to qualify a test conducted by the
Language Wing of Department of Education of Punjab Government within a period
of six months from the date of his appointment.
Provided further that where
educational qualifications for a post in any service are lower than the
Matriculation standard, then the person so appointed shall have to pass an
examination of Punjabi Language equivalent to Middle Standard:
Provided further where a War
Hero, who has been discharged from defense services or paramilitary forces on account
of disability suffered by him or his widow or dependent member of his family,
is appointed under the instructions issued in this behalf by the Government,
the person so appointed will not be required to possess aforesaid knowledge of
Punjabi Language.
Provided further that where award
of Defense Service personnel, who is a bona fide resident of Punjab State, is
appointed by direct appointment, he shall have to pass an examination of
Punjabi Language equivalent to Matriculation Standard or he shall have to
qualify a test conducted by the Language Wing of the Department of Education of
Punjab Government within a period of two years from the date of his
appointment.
16. Debarring for consideration
for promotion of a Government employee who refuses to accept promotion.--
In the event of refusal to accept
promotion by a member of a Service, he shall be debarred by the appointing
authority from consideration for promotion for all the consecutive chances
which may occur in future within a period of two years from the date of such
refusal to accept promotion;
Provided that in case where the
appointing authority is satisfied that a member of a Service has refused to
accept promotion under the circumstances beyond his control, it may exempt such
a member for reasons to be recorded therefore in writing from the operation of
this rule.
17. 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 of the provisions of these rules with
respect to any class or category or persons;
Provided that the provisions
relating to educational qualifications and experience, if any, shall not be
relaxed.
18. Over riding effect.--
The provisions of these rules
shall have effect notwithstanding anything to the contrary contained in any
rules for the time being inforce for regulating the recruitment and conditions
or service for appointment to public service and posts in connection with the
affairs of the state.
19. Interpretation.--
If any question arises as to the
interpretation of these rules, the Government shall decide the same.
"APPENDIX"
(See rule 2)
Group 'A' Posts in initial entry
revised scales of pay having a maximum of Rs. 11,660 or more:
Provided that all existing Class
I posts irrespective of the monitory limits of the pay scales shall be placed
in Group 'A'.
Group 'B' Posts in initial entry
revised scales of pay having a maximum ranging between Rs. 10,640 to 11659;
Group 'C' Posts in initial entry
revised scales of pay with maximum ranging between Rs. 5,160 to 10639;