THE HARYANA MUNICIPAL SERVICES (INTEGRATION, RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1982

PREAMBLE

In exercise of the powers conferred by sections 38, 39, 41 and clause (m) of sub-section (1) of section 257 of the Haryana Municipal Act, 1973, and with reference to Haryana Government, Local Government Department, notification No. No. G.S.R.127/H.A.24/73/Ss. 38, 39, 41 and 257/81, dated the 15the December, 1981, the Governor of Haryana hereby makes the following rules, namely :-

Rule - 1. Short title and application.--

(1)     These rules may be called the Haryana Municipal Services (Integration, Recruitment and Conditions of Service) Rules, 1982.

(2)     There shall be State Level and District Level Services of Municipal employees.

(3)     These rules shall apply to all the municipalities.

Rule - 2. Definition.--

(1)     In these rules, unless the context otherwise requires,-

(a)      'Act', means the Haryana Municipal Act, 1973;

(b)      'Appendix' means an Appendix to these rules;

(c)      'appointing authority' means the authority indicated as appointing authority against each category of the Service in Appendix 'C;

(d)      'Board' means the Subordinate Service Selection Board, Haryana;

(e)      'Commission' means the Haryana Public Service Commission;

(f)       'direct recruitment' means an appointment made by selection otherwise than by promotion from within the Service or by transfer of an official already in the service of the Government of India or any State Government;

(g)      `Government' means the Government of Haryana in the Local Government Department;

(h)     'leave' includes earned leave, maternity leave, not due, leave on half pay, medical leave, commuted leave and extraordinary leave but does not include causal leave;

(i)       `member' means a member of the State Level or District Level Service detailed in Appendix A;

(j)       'pay' means the amount drawn monthly by a member of the Service as pay which has been sanctioned for the post held by him substantively or in officiating capacity and includes special or personal pay, if any, or any emoluments which may be specifically classed as pay by the Government but does not include any kind of allowances;

(k)      'qualified' means a person who fulfills the qualifications prescribed in appendix B to these rules;

(l)       'recognized university' or 'institution' means, -

(i)       any university or institution incorporated by law in any of the States in India; or

(ii)      in the case of degree, diploma or certificate obtained as a result of examinations held before the 15th August, 1947, the Punjab, Sind or Dacca University; or

(iii)     any other university or institution which is declared by the Government to be a recognised university or institution, as the case may be, for the purpose of these rules;

(m)    section' means a section of the Act;

(n)     Service' means municipal service constituted by the Government at State level and District level under sub-section (1) of section 38 of the Act in the manner prescribed in these rules;

(o)      'Unqualified' means a person who does not fulfill the qualification's prescribed in Appendix B to these rules;

(p)      'vacancy' means a vacancy in a post in a Service when there is no incumbent actually working against it whether due to transfer, leave or suspension or on account of any other reason if the post is already in existence or if no incumbent has been appointed in a newly created post:

 Provided that for purpose of these rules, a post shall not be deemed to be vacant if it is to continue for a period of less than two months or if the incumbent of the post is likely to be absent from duty for less than two months.

(2)     Words and expressions used but not defined in these rules shall have the meaning assigned to them in the Haryana Municipal Act, 1973 and the Punjab Civil Service Rules, Volumes I and II, as applicable to the State of Haryana.

PART II

Recruitment to Service

Rule - 3. Number and character of posts.--

A Service shall comprise the posts shown in Appendix A to these rules:

Provided that nothing in these rules shall affect the right of the Government to make additions to, or deduction in, the number of such posts or to create new posts with different designations and scales of pay, either permanently or temporarily.

Rule - 4. Nationality, domicile and character of persons recruited to the Service.--

(1)     No person shall be appointed to any post in a Service, unless he is ?

 

(a)      a citizen of India; or

 

(b)      a citizen of Nepal; or

 

(c)      a citizen of Bhutan; or

 

(d)      a Tibetan refugee who came over to India before the 1st 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 or any of the East African countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethiopia with the intention of permanently settling in India:

Provided that a candidate belonging to any of the categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government.

(2)     A person in whose case a certificate of eligibility is necessary, may be admitted to an examination or interview conducted by the Commission, Board or any other recruiting authority but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government.

 

(3)     No person shall be appointed to any post in a Service by direct recruitment unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended, if any, and similar certificate from two other 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.

Rule - 5. Age on entry and physical fitness.--

(1)     Except in the case of a person recruited under sub-rule (1) of rule 8, no person shall be appointed to any post in a Service by direct recruitment if he is less than seventeen years or more than thirty years of age on the last date of receipt of applications for the posts:

Provided that in the case of candidates belonging to Scheduled Castes and Backward Classes, the upper age limit shall be such as may be fixed by the Government from time to time for their appointment to Government service. :

Provided further that for reckoning the date of birth, the date so entered in matriculation or higher secondary certificate of a person appointed to a post in a Service by direct recruitment shall be the exclusive proof of his age.

(2)     A person appointed to any post in a Service by direct recruitment shall be required to produce certificate of physical fitness from the Chief Medical Officer of the district concerned before joining the Service. Such person shall before being examined, make and sign a declaration in Form I and the Medical Officer 'shall examine him and furnish a certificate in From II, appended to these rules :

Provided that the aforesaid condition shall not apply in the case of filling up temporary vacancies of less than six months' duration.

Rule - 6. Qualifications.--

No person shall be appointed to any post in a Service unless he is in possession of qualifications and experience specified in column 4 of Appendix B to these rules in the case of direct recruitment and those specified in column 5 of the aforesaid Appendix in the case of recruitment by promotion.

[1][Provided that no person shall be appointed to any post specified at serial No. 56, in Appendix B unless he fulfils the following standard of physical fitness, namely :-

(1)     Height : 5 feet and 7 inches minimum (without shoes);

 

(2)     Chest : 32 inches unexpanded and 34 inches expanded (without clothes);

 

(3)     Weight : 54 kilograms (without shoes and clothes);

 

(4)     Eye-sight : 6/6 (without glasses) and 6/6 (with or without glasses after the age of 45 years).]

Rule - 7. Disqualifications.--

(1)     No person, -

 

(a)      who has entered into or contracted a marriage with a person having a spouses? living; or

 

(b)      who, having a spouse living, has entered into or contracted a marriage with any person; or

 

(c)      who has been dismissed by any State Government or Central Government or Local authority or corporate body, shall be eligible for appointment to any post in the Service:

Provided that the Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and there are other grounds for so doing, exempt any person from the operation of this rule,

Rule - 8. Integration of existing employees.--

(1)     All the employees of municipalities located in Haryana and working on regular basis on the day these rules come into force shall stand integrated according to the procedure as may be laid down by the Government.

 

(2)     There shall be no reduction in the basic pay which a municipal employee was drawing immediately before these rules come into force, but any special pay which an employee was getting for performing any additional duties shall not be protected.

 

(3)     Without prejudice to the provisions of sub-rule (2) the pay of a municipal employee shall be adjusted and fixed in the scale of pay of the cadre as laid down in the Appendix A in accordance with the provisions contained in Punjab Civil Services Rules, Volume I, Part I, as applicable to the State of Haryana.

Rule - 9. Recruitment to the Service.--

(1)     Recruitment to the various posts except Executive Officer in the Service shall be made -

(i)       in the case where the initial pay of the post is rupees seven hundred or above, on the recommendation by the Commission;

 

(ii)      in case where the initial pay of the post is rupees four hundred or more but less than seven hundred on the recommendation by the Board and in the event of dissolution of the Board, by such authority as prescribed by the State Government;

 

(iii)     in the case of posts which do not fall under sub-clauses (i) and (ii) above through the concerned Employment Exchange;

 

(iv)    All promotions exceeding a period of six months shall be made subject to the approval of government or Commission or Board as the case may be.

(2)     While making recruitment under sub-rule (1) the policy of the Government regarding reservation of posts for the member of the Scheduled Castes and Backward Classes and for any other category in relation to the services under it shall be followed.

Rule - 10. Method of recruitment.--

(1)     After filling in the vacancies in the manner specified in rule 8, the remaining vacancies and the vacancies which may occur thereafter, shall, subject to the provisions of the Haryana Public Service Commission (Additional Functions) Act, 1974, be filled in the following manner as specified in Appendix B :

STATE LEVEL SERVICES

DIRECT LEVEL SERVICES

(2)     if no suitable candidate is available for appointment by direct recruitment or by promotion, the vacancy may be filled up by transfer or on deputation by suitable persons.

Rule - 11. Cadres and scale of pay.--

(1)     The number of posts created for a Service by the Government under clause (a) of sub-section (3) of Section 38, shall be deemed to be the cadre of that Service which shall be subject to variation as may be considered necessary by the Government.

 

(2)     The scales of pay of the post in various Services shall be as given in Appendix A:

 

(3)     Provided that the Government may revise the scale of posts in a Service, as it may deem proper from ti e to time.

 

(4)     The appointing authority may, for special reasons to be recorded in writing,-sanction a start of higher pay than the minimum of the scale of first appointment to any person.

 

(5)     The appointing authority may besides the two posts indicated in Appendix A for reasons to be recorded in writing, sanction a selection grade to a member of any category of a Service, who has completed at least eight years of continuous service as such on the basis of his seniority-cum-merit, against twenty per cent posts of the total sanctioned strength to that category.

Rule - 12. Probation.--

(1)     A person appointed to any post in a Service shall remain on probation for a period of two years, if appointed by direct recruitment, 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; and

(b) any period of officiating appointment shall be reckoned as period spent on probation but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against .a permanent vacancy.

(2)     If, in the opinion of the appointing authority, the work or conduct of a person appointed to any post in a service during the period of his probation is not satisfactory, it may, -

 

(a)      if such person is appointed by direct recruitment, dispense with his services;

 

(b)      If such person is appointed otherwise than by direct recruitment, -

 

(i)       revert him to his former post, or

 

(ii)      deal with him in such a manner as the terms and conditions of his previous appointment permit.

 

(3)     On the completion of the period of probation of a person, the appointing authority may,-

 

(a)      if his work or conduct has, in its opinion, been satisfactory ?

 

(i)       confirm such person from the date of his appointment, if appointed against a permanent vacancy; or

 

(ii)      confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or

 

(iii)     declare that he has completed his probation satisfactorily if there is no permanent vacancy;

 

(b)      if his work or conduct has, in its opinion, been not satisfactory,

(i)       dispense with his services, if appointed by direct recruitment or revert him to his former post or deal with him in such other manner, as the terms and conditions of previous appointment permit, if appointed otherwise; or

 

(ii)      extend his period of probation and thereafter pass such order as it could have passed on the expiry of the first period of probation:

Provided that the total period of probation including extension, if any, shall not exceed three years.

Rule - 13. Liability to transfer.--

(1)     A member of the State Level or District Level Service shall be liable to serve at any place in the State of Haryana or the district as the case may be.

 

(2)     A member of the District Level Service may be transferred outside the district, if it is considered expedient in the public interest.

 

(3)     A member may be transferred to another Municipal Committee of the same class.

Rule - 14. Seniority.--

The seniority inter se of the members of the Service shall be determined separately for every category by the length of their continuous service on a post in the said category:

Provided that in the case of members appointed by direct recruitment, their inter se seniority shall be in the order of merit determined by the Commission, Board or any other authority as the case may be:

Provided further that in the case of two or more members appointed on the same date, a member appointed by direct recruitment shall be senior to a member appointed otherwise.

Rule - 15. Punishment and appeal.--

(1)     [6]The Haryana Civil Services (Punishment and Appeal) Rules, 1987, as amended from time to time, shall apply to the members so far as they are not inconsistent with the provisions of the Act.]

(2)     The authority empowered to impose penalties and the appellate authority in respect of a category of posts in Services shall be as specified against that category in Appendix 'C'.

 

(3)     The Punjab Civil Service Rules, Volumes I, II and III and Punjab Financial Rules, Volumes I and II, as amended from time to time and applicable to the State of Haryana, shall apply to the members of the Services constituted under these rules so far as they are not inconsistent with the provisions of the Act.

 

(4)     [7]The Government Employees (Conduct) Rules, 1966, as amended from time to time, and applicable to the State of Haryana, shall apply to the members so far as they are not inconsistent with the provisions of the Act.

Rule - 16. Resignation from Service.--

If a member of the Service wishes to resign from service he shall give one month's notice in writing to the appointing authority. If the member fails to give such a notice, or gives a shorter notice, the appointing authority shall be entitled to recover one month's salary with usual allowances or salary or allowances for the period by which the notice falls short of one month, as the case may be, from such member, in lieu of notice.

Rule - 17. Retirement from Service.--

Members of the Service shall retire on the afternoon of the last day of the month in which they attain the age of fifty- eight years; except the members drawing initial pay of Rs. 350 or less per month, who will retire on attaining the age of sixty years:

Provided that the Government may re-employ a member after he attains the age of superannuation upto the age of sixty years, if considered necessary in public interest:

Provided further that -

(i)       the appointing authority shall, if it is of the opinion that it is in public interest to do so, have the absolute right, by giving an employee prior notice in writing, to retire that employee on the date on which he completes twenty five years of service or such period of service as the State Government may prescribe for its employees from time to time or attains fifty years of age or such age as the State Government may prescribe for its employees from time to time or on any date thereafter to be specified in the notice;

 

(iii)     the period of such notice shall not be less than one month and in case at least one month's notice is not given or notice for a period of less than one month is given, the employee shall be entitled to claim a sum equivalent to the amount of his pay and allowances at the same rate at which he was drawing then immediately before the date of retirement, for a period of one month or, as the case may be, for the period by which such notice falls short of one month;

 

(iv)    any employee may, after giving at least one month's previous notice in writing to the appointing authority, retire from service on the date on which he completes twenty five years of service or such period of service as the State Government may prescribe for its employees from time to time, or attains fifty years of age or such age as the State Government may prescribe for its employees from time to time or on any date thereafter to be specified in the notice, but no employee under suspension shall retire from service except with the specific approval in writing of the appointing authority.

Rule - 18. Leave, traveling allowance, joining time, suspension, medical facilities, fees and honoraria and other matters.--

In respect of leave, traveling allowances, joining time, suspension, medical facilities, fees, honoraria, house rent allowance, dearness allowance, fixation of pay, grant of increment, crossing of efficiency bar, deputation and other matters not expressly provided in these rules, member shall be governed by the corresponding provisions contained in the rules applicable to Haryana Government employees. The authority competent to sanction casual leave, earned leave, increment and efficiency bar shall be as indicated against each category of Services of Appendix D:

Provided that a person on transfer shall draw his traveling allowance and joining time benefits from the committee to which he is transferred.

Rule - 19. Contributory Provident Fund. --

(1)     The Members shall be entitled to subscribe to the Provident Fund of the Committee where they are employed for the time being like other subscribers of the committee and shall be governed by the provisions contained in Chapter XVI of the Municipal Account Code, 1930, as applicable to the State of Haryana:

Provided that on transfer of a member from one committee to another the balance of Provident Fund at his credit along with interest accrued thereon up to date shall within a period of fifteen days from the date of his transfer, be transferred to the committee to which such a member has been transferred.

(2)     A separate account of Provident Fund shall be maintained for each member by the Committee where he may be serving for the time being :

Provided that the Government may; if it so decides, make arrangements for centralized accounting of the Provident Fund of members.

Rule - 20. Departmental Examination.--

The Government may, by notification, direct that the persons appointed to any post in a Service, as may be specified, shall be required to pass departmental examination the details and syllabus for which and the consequences for failure to pass it shall be as may be notified by the Government.

Rule - 21. Payment of leave salary.--

Leave salary shall be payable to a member by a committee where he happens to serve at the time of proceeding on leave.

Rule - 22. Record of service.--

(1)     There shall be a personal file for every member in which shall be placed all papers, record and other documents relating to his service. The file shall contain in particular a service book giving history of service .from the date of his appointment, particulars of increment, promotion, reward, punishment and all other special events of his career. The service book shall also contain the leave account form showing a complete record of leave except casual leave.

 

(2)     A confidential file shall also be maintained for each member:

Provided that Government may, if it so decides, make such arrangements as it may dee in necessary to maintain, in addition, a centralized record of leave, pay and service of members.

Rule - 23. Vaccination.--

Every member shall get himself vaccinated or re-vaccinated when the appointing authority so directs by a special or general order.

Rule - 24. Oath of allegiance.--

Every member, unless he has already done so, shall be required to take the oath of allegiance to India and to the Constitution of India as by law established.

[8] Rule - [25. Reservations.--

Nothing contained in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-servicemen, Physically handicapped persons or any other class or category of persons in accordance with the orders issued by the State Government, in this regard, from time to time:

Provided that the total percentage of the reservations so made shall not exceed fifty per cent at any time.]

Rule - 26. Power of relaxation.--

Where the 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 of these rules with respect to any class or category of persons.