[23
of 2025] [07th
February 2025] AN ACT to regulate the
recruitment and conditions of service of persons appointed, to public services
in connection with the affairs of the State and matters connected therewith or
incidental thereto. WHEREAS, article 309 of the
Constitution provides for making law for regulating the recruitment, and
conditions of service of persons appointed, to public services and posts in
connection with the affairs of the State; AND WHEREAS, in the
recruitment and promotion rules framed in exercise of the powers conferred
under the proviso to article 309 of the Constitution, the appointments on
contract basis have also been included; AND WHEREAS, on account of
inclusion of contract appointments in the recruitment and promotions rules,
these appointments are being treated as appointments to the public services; AND WHEREAS, since, the
service conditions of the persons working on contract basis are regulated as
per the agreement signed between the parties, the various service rules
applicable to the Government employees, are not applicable to them and as such
the contract appointees are not part of public service; AND WHEREAS, it is necessary
to harmonise the interests of the persons appointed on regular basis to the
public services and on contract basis; NOW THEREFORE, it is
expedient to exclude the contract appointments from the recruitment and
promotion rules. BE it enacted by the Legislative
Assembly of Himachal Pradesh in the Seventy-fifth Year of the Republic of India
as follows:- (1)
This Act may be called the Himachal Pradesh
Recruitment and Conditions of Service of Government Employees Act, 2024. (2)
It shall come into force on such date as the
State Government may, by notification in the Rajpatra (e-Gazette), Himachal
Pradesh, appoint. In this Act, unless the
context otherwise requires,- (a)
"Competent Authority" means an authority,
as may be prescribed; (b)
"Department" means any Department
of the Government of Himachal Pradesh; (c)
"Government" or "State
Government" means the Government of Himachal Pradesh; (d)
"Government employee" means a
person appointed to the public services on regular basis; (e)
"notification" means a notification
published in the Rajpatra (e-Gazette), Himachal Pradesh; (f)
"prescribed" means prescribed by
rules made under this Act; and (g)
"State" means the State of Himachal
Pradesh. All recruitments to the
public services in the State shall be made by regularisation of services, or by
promotion, or in the manner as may be prescribed. The conditions of service of
a Government employee shall be such, as may be prescribed. Notwithstanding anything
contained in any law, rule, notification, Government order etc. for the time
being in force, the services of a person appointed on contract basis or on
daily wage basis shall be regularised, in the manner and subject to fulfillment
of such terms and conditions, as may be prescribed. (1)
The service benefits available under various
Central Civil Services Rules, as applicable in the State, the Himachal Pradesh
Civil Services Rules, and other service benefits such as, seniority, increment,
promotion, etc. shall be applicable only to the employees appointed on regular
basis. (2)
No person working in any Government Department,
who has not been appointed as per the provisions of this Act and rules made
thereunder on regular basis shall be entitled to service benefits available
under the various Central Civil Services Rules, as applicable in the State, the
Himachal Pradesh Civil Services Rules and other service benefits such as,
seniority, increment, promotion etc.: Provided that a person shall
be entitled for service benefits only from the date of regularisation of his
services: Provided further that a
person whose services have been regularised after 12th December, 2003 shall
also be entitled to service benefits from the date of regularisation, as if
their services have been regularised under the provisions of this Act: Provided also that the
service benefits already extended to the persons for the service other than
regular service shall stand withdrawn. No rule, regulation, order,
direction, or notification made or published and no adjudication, inquiry or
act done under any of the provisions of this Act or the rules made thereunder,
which is substantially in consonance with the same, shall be deemed to be
illegal, void or invalid only by reason of any defect or form. Notwithstanding anything
contained in any judgment, decree or order of any court; law, rule,
notification, order, etc., for the period commencing on and from 12th December,
2003 and ending on the date of commencement of this Act, in Column number 10 of
the recruitment and promotion rules notified in exercise of powers conferred by
proviso to article 309 of the Constitution of India, the words "on
contract basis", or such simlar words conveying the same meaning, wherever
occurs, the words "by regularisation" shall be deemed to have always
been substituted as if this Act had been in force at all material times: Provided that the
appointments, if any, already made on contract basis will be regularised or
deemed to have been regularised under the provisions of this Act. The provisions of this Act
shall have effect notwithstanding anything inconsistant therewith contained in
any other law, rule, notification, etc., if any. (1)
The State Government may, by notification in
the Rajpatra (e-Gazatte), Himachal Pradesh; and after previous publication,
make rules for carrying out the purposes of this Act. (2)
Every rule made under this section shall be
laid, as soon as may be after it is made, before the Legislative Assembly,
while it is in session for a total period of not less than ten days which may
be comprised in one session or in two or more successive sessions and if,
before the expiry of the session in which it is so laid or the session
immediately following, the Assembly makes any modification in the rule or
decides that the rules should not be made, the rule shall, thereafter, have
effect only in such modified form or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the Government may, by general or special order,
published in the Rajpatra (e-Gazette), Himachal Pradesh, make provision, not
inconsistent with the provisions of this Act, as appear to it to be necessary
or expedient for removing difficulty: Provided that no such order
shall be made under this section after the expiry of a period of two years from
the commencement of this Act. (2)
Every order made under this section shall, as
soon as may be after it is made, be laid before the State Legislative Assembly. (1)
All rules, notifications, etc. made or
notified in exercise of the powers conferred by the proviso to article 309 of
the Constitution of India, which are contrary to the provisions of this Act,
are hereby repealed. (2)
Without prejudice to the provisions contained
in the Himachal Pradesh General Clauses Act, 1968 with respect to repeals, any
rule made under the proviso to article 309 of the Constitution, any
notification, rule, order, appointment, decision, direction, approval, authorization
, consent, application, request or thing made, issued, given or done except to
the extent that a provision may be inconsistent with the provisions of this
Act, continue to be in force and shall have effect as if made under the
corresponding provisions of this Act.The Himachal Pradesh Recruitment And Conditions Of Service Of Government
Employees Act, 2024
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