Part I Employment of officers and servants No person shall
be appointed by a Trust as its Secretary, unless he is- (i)
an officer of the Indian Civil Service or the
Punjab Civil Service of not less than five years' standing subsequent to his
appointment substantively to the Indian or the Punjab Civil Service as the case
may be, (ii)
a graduate and has served as Secretary or Executive
Officer of a Municipal Committee for a period not less than five years : Provided that
the Executive Officer of a Municipality may be appointed as Secretary to the
Trust in addition to his own duties. No person shall
be appointed by a Trust as its Land Acquisition Officer unless he is a member
of the Punjab Civil Service of not less than three years standing in that
service, or is a Tahsildar of not less than five years standing as a Tahsildar. No person shall
be appointed by a Trust as its Town Planner, unless he- (1)
is a Member or Associate Member of the Town
Planning Institute, London, and has passed the final examination conducted by
the Town Planning Joint Examination Board, England, or obtained an equivalent
diploma or pass from any other University, College or Institute, and (2)
(i) either possesses the qualification prescribed
by Government for the recruitment of officers of the Punjab Service of
Engineers and in addition ten years professional standing from the date of the
acquisition of those qualifications, or (ii) is a Fellow or Associate of the Royal
Institute British Architects by examination with five years practical
experience in town planning schemes, or (iii) is a Member or Associate member of the
Institution of Civil Engineers, London, by examination, with five years
practical experience in town planning scheme. No person shall
be appointed by a Trust as its Engineers, unless he possess the qualification
prescribed by Government for the recruitment of officers to the Punjab Service
of Engineers and in addition has ten years professional standing from the date
of the acquisition of those qualifications. No person shall
be appointed by a Trust as an Assistant Engineer unless he possesses
qualifications prescribed by Government for the recruitment of officers to the
Punjab Service of Engineers and in addition has three years' practical
experience in a salaried post in Civil Engineering. No person shall
be appointed by a Trust as an Assistant Town Planner unless he possesses - (i)
a diploma in town Planning recognised by the Town
Planning Institute, London, for Associate Membership of that body, or the
qualifications prescribed by Government for the recruitment of officers to the
Punjab Service of Engineers, or a degree or
diploma in Architecture recognised by the Royal Institute of British Architects
for Associate membership of that body; and (ii)
in addition has at least two years practical
experience in a salaried post in Town Planning, Civil Engineering, or
Architecture. No person shall
be appointed by a Trust as a Senior Draftsman, unless- (i)
he has passed The Draftsman course and has obtained
a certificate for the reinforced concrete course of the Government School of
Engineering, Rasul, or possesses and
equivalent qualification; and (ii)
in addition has five years practical experience in
such design and draftsmanship work as he is required to perform. No person shall
be appointed by a Trust as a Junior Draftsman unless he has passed the two
years course at the Government School of engineering, Rasul or, possesses and
equivalent qualification. No person shall
be appointed by a Trust as an Overseer unless he has passed the Final
Overseer's Examination (preferably with Honours or credit) for the Government
School of Engineering, Rasul, or any institution recognised, from time to time,
by the Punjab Government. (1)
No person shall be appointed by a Trust
as an Accountant, except for short vacancies not exceeding three months, unless
he possesses any of the following qualifications :- (i)
A degree in Arts or Science of a recognised Indian
University and preferably in pass in the Public Examination qualifying for
admission to the Establishment of Divisional Accountants. (This examination is
conducted by the Bengal Engineering College, Sibley), or (ii)
Government Diplomat Accountant' Diploma, or (iii)
a higher or equivalent qualification, and has in
addition passed the Departmental Examination of Accountant held by the Punjab
Government. (2)
An Accountant who has not passed the
Departmental Examination and who has not been confirmed prior to the date on
which these rules come into force shall be required to pass the Departmental
Examination within three years failing which he shall be revered from the post.
Government may for special reasons extend this period of three years in any
case. (1)
Government shall decide in each case whether
a person not possessing a specified qualification holds an equivalent
qualification (2)
Government may, in special
circumstances, permit the appointment of any person to a post other than that
of a Town Planner, an Assistant Town Planner, an Engineer, and an Assistant
Engineer, when he does not possess the prescribed qualifications, but otherwise
possesses adequate experience. (1)
No officer or servant in the employ of
a Trust shall be given a higher grade pay than that of the corresponding post
in the office of a Deputy Commissioner; and where, such a post does not exist
in the office of Deputy Commissioner, a grade higher than that of the
corresponding post in the Divisional Office of the State Public Works
Department, Buildings and Roads Branch, provided that a higher grade may be
allowed, in special circumstances, with he previous approval of Government. In
the case of a post where the corresponding post does not exist both in the
Deputy Commissioner's Office and in the Divisional Office of the Public Works
Department, Buildings and Roads Branch, the grade shall be fixed by a reference
to Government whose orders in this respect shall be final. (2)
Higher initial pay than the minimum of
the grade of a post shall not be given to any officer or servant of a trust,
except with the sanction of Government. (3)
Not trust employee shall be allowed any
allowance at a rate higher than that to which a Government servant drawing the
same pay is entitled.] [2][--] Every employee
of a Trust other than a class IV employee shall retire from service on the last
day of the month on which he attains the age of fifty- eight years and every
class IV employee shall retire from service on the last day of the month in
which he attains the age of sixty years.] [4][Provided that
the Trust may with the sanction of the State Government, retain an employee
after he attains the aforesaid age, in exceptional circumstances in public
interest to be recorded in writing. Provided further
that,- (i)
a Trust may, if it is of opinion that it is in
public interest to do so, by giving one month's notice in writing retire any of
its employees on the date on which he couplets twenty-five years of service, or
attain fifty years of age, or on any date after to be specified in the notice. (ii)
any employee of a Trust may, after giving at least
one month's previous notice in writing to the Trust retire from service on the
date on which he completes twenty-five years of service or attains fifty years
of age or of any date there after to be specified in the notice.] Part II Suspension and Removal of Officers and
Servants The Trust or its Chairman may suspend
an officer or servant of the Trust into whose conduct it is proposed to hold
enquiry after framing the necessary charges. During the period of suspension
the Trust or its Chairman may allow an officer or servant subsistence allowance
at such rates as the suspending authority may direct but not exceeding
one-fourth of the pay of the suspended officer or servant. No order of dismissal removal for
misconduct shall be passed against an officer or servant of a Trust unless he
has been given a reasonable opportunity of showing cause against the action
proposed to be taken against him. (1)
The grounds on which it is proposed to take action
shall be reduced to the form of definite charges. (2)
The charges shall be communicated in writing to the
person charged and he shall be required within a reasonable time to State in
writing whether he admits the truth of all or any of the charges, what
explanation or defence, if any, he has to offer, and whether the desires to be
heard in person. If the person charged so desires or if
the authority empowered to dismiss or remove him so directs, an oral enquiry
shall be held in respect of such charges that are not admitted. When an enquiry is held under the
provision of rule 14, the charge shall be explained to the person charged, the
evidence in support of it, and any evidence that the person charged may adduce
in his defence shall be recorded in his presence and his defence taken down in
writing. The person charged shall be entitled to cross-examine the witnesses
called, and to have such witnesses called as he may wish; provided that the
officer conducting the enquiry may, for special and sufficient reasons to be
recorded in writing, refuse to call a witness. Each of the charges framed shall
be discussed and a finding recorded on each charge. The proceedings shall
contain a sufficient record of the evidence and a statement of the findings and
the grounds thereof. (1)
the provisions of rules 12 to 15 (both inclusive)
shall not apply when - (i)
the accused is absconding. (ii)
the order of dismissal is passed on the ground of
facts or inferences based on the findings of a court. (2)
All or any of the provisions of rules 12 to 15
(both inclusive) may, with the sanction of Government, be waived or modified if
in the special circumstances of the case it is difficult or undesirable to
comply with such provisions. The person charged shall not be allowed
to engage a counsel; provided that if the charges are that they are likely to
result in the dismissal of such person, he may with the sanction of the
authority empowered to dismiss him, be represented by a counsel : Provided further that if in an enquiry
counsel is engaged on behalf of the Trust the person charged shall also be
entitled to engage counsel. (1)
If it is sought to remove any officer or servant
otherwise than - (i)
for misconduct, (ii)
by discharge during probation, or (iii)
by discharge at the expiry of the period for which
he was engaged, an order shall be recorded by the competent authority giving
reasons for which it is proposed to take such action. (2)
A copy of this order shall be communicated to the
officer or servant concerned and he shall be required within a reasonable time
to offer his explanation, if any. (3)
It shall not be necessary to hold any detailed
enquiry, but the explanation of the person concerned shall be taken into
consideration before final orders are passed. (4)
In the absence of a written contract to the
contrary, every officer or servant removed under this rule shall be entitled to
one month's notice before removal or one month's wages in lieu thereof, Part III Conduct of officers and servants Should any officer or servant employed
by a Trust, in the absence of a written contract authorising him so to do, and
without reasonable cause resign his employment or absent himself from his
duties without giving one month's notice to the Trust he shall be liable to
forfeit a sum not exceeding one month's wages out of any wages due to him, and
if no wages, or less than one month's wages are due to him, he shall be liable
to a penalty not exceeding wages for one month or an amount equal to the
difference between one month's wages and the wages due to him. Rules regarding conduct and discipline
applicable to persons in the service of the Crown in India for the purpose of
the Punjab Province shall apply to officers and servants of the Trust, as far
as they can be applicable. [1] Inserted by the Punjab Government
notification No. 8725-LG(A)-50/2- 12019, dated 12th December, 1950. [2] Omitted by Punjab Government
Notification No. GSR 108/PA/4/22/Section /73/Amendment(3) 74 dated 4.10.1974. [3] Substituted vide GSR 112/..../78, dated
19th October, 1978. [4] Inserted by Punjab Government
Notification No. 4098-LG(A)-51/11-8000, dated 28th June, 1951 and vide GSR
98/75 at 11.10.1975.Rules to regulate the Employment,
Suspension, Removal and Conduct of Officers and Servants of Improvement Trusts
in Punjab
[4th September, 1945]