(1)
These rules may be called the Punjab Home Guards and Civil Defence
(Class I) Service Rules, 1988. (2)
They shall apply to the posts specified in Appendix 'A' to these
rules. In these rules unless the context
otherwise requires, - (a)
'Commission' means the Punjab Public Service Commission; (b)
'direct appointment' means an appointment made otherwise than by
promotion or by transfer of a person already in the service of the Government
of India or of a State Government; (c)
'Government' means the Government of the State of Punjab in the
Department of Home Affairs & Justice; (d)
'recognised University' means - (i)
any university incorporated by law in any of the States of India;
or (ii)
in the case of degrees or diplomas obtained as a result of an
examination held before the 15th August, 1947, the Punjab, Sind or Dacca
University; or (iii)
any other university which is recognised by the Government for the
purpose of these rules; and (e)
'Service' means the Punjab Home Guards and Civil Defence (Class I)
Service. The service shall comprise the
posts specified in Appendix 'A' to these rules : Provided that nothing in these
rules shall affect the inherent right of the Government to add to or reduce the
number of such posts or to create new posts with different designations and
scales of pay whether permanently or temporarily- (1)
No candidate 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 refuge 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 and East African countries of Kenya, Uganda and the 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 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 of
India. (2)
A candidate in whose case a certificate of eligibility is
necessary may be admitted to any examination or interview conducted by the
Commission but he will not be appointed to the service until eligibility
certificate is issued by the Government of India. (3)
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 of any
criminal offence and that he was never dismissed or removed from service of any
State Government or Government of India or any public sector undertaking. No person - (a)
who has entered into or contracted a marriage with a person having
a spouse living, or (b)
who having spouse living, has entered into or contracted a
marriage with any person; shall be eligible for appointment
to the Service, provided that the Government may, if satisfied that such
marriage is permissible under the personal law applicable to such persons and
the other party to the marriage and that there are other grounds for so doing,
exempt any person from the operation of this rule. No person shall be recruited to
the service by direct appointment if he is less than eighteen years old or is
more than thirty years of age on the first day of January of the year
immediately proceeding the last date fixed by the Commission for submission of
applications or unless he is within such range of minimum and maximum age limit
as may be specifically fixed by the Government from time to time : Provided that the condition of
upper age limit may be relaxed up to forty five years in the case of a person
already in service of Government of India or of a State Government: Provided further that in the case
of a candidate belonging to Scheduled Castes or other Backward Classes the
upper age limit shall be such as may be fixed by the Punjab Government from time
to time : Provided further that the
appointing authority may for reasons to be recorded, in writing, relax the
upper age limit for a category or class of persons. Note. - For age limits in the
case of ex-servicemen, the provisions of rule 6 of the Punjab Recruitment of
Ex-Servicemen Rules, 1982, shall apply. The appointment to the Service
shall be made by the Government. (1)
Appointments to the Service shall be made in the following manner,
namely :- (a)
in the case of Commandant General, - (i)
by promotion from amongst the Deputy Commandant Generals or
Divisional Commandants who have an experience of working as such for a minimum
period of eight years; and (ii)
by transfer of serving police officers not below the rank of
Deputy Inspector General Police or Additional Inspector-General of Police under
the Punjab Government or other State Government or the Central Government, if a
suitable person is not available for appointment by promotion ; (b)
in the case of Deputy Commandant General and Divisional
Commandants,- (i)
by promotion from amongst the Battalion Commanders or Commandant
Combined Home Guards and Civil Defence Training Institute, who have an
experience of working as such for a minimum period of eight years; and (ii)
by transfer from amongst the serving Police Officers not below the
rank of a Superintendent of Police under the Punjab Government, if a suitable
person is not available for appointment by promotion ; (c)
in case of a Battalion Commander or Commandant C.T.I., - (i)
twenty-five per cent by direct appointment from amongst the
persons who - (a)
possess Bachelor's Degree in the second division from a recognised
university and also possess 'C Certificate of the National Cadet Corps, or (b)
are Ex-servicemen not below the rank of a Major. (ii)
seventy-five per cent by promotion from amongst the Battalion
2nd-in-Command, including District Commanders, Chief Instructor, Junior Officer
at the State Headquarters working under the control of the Commandant General,
Punjab who have an experience of working as such for a minimum period of eight
years. (2)
An appointment to the Service by promotion shall be made by
selection on seniority-cum-merit basis and no person shall be entitled to claim
promotion on the basis of seniority alone. (3)
No person shall be recruited to any post in the service by direct
appointment unless he possesses the knowledge of Punjabi language of
matriculation standard or its equivalent or passes test in Punjabi language of
matriculation standard to be held by such authority as may be specified by the
Government in this behalf from time to time. (1)
Persons appointed to a post in the Service shall remain on
probation for a period of two years, if recruited by direct appointment, and
one year if recruited otherwise : Provided that :- (a)
any period during the first six months after appointment to the
Service, spent on leave or on deputation on a corresponding or a higher post
shall count towards the prior of probation ; (b)
in the case of an appointment by transfer, any period of work on
equivalent or higher post, 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, 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 ; (d)
leave taken for a period not exceeding six months in aggregate
during the period of probation will be considered as period of probation. (2)
If in the opinion of the appointing authority, the work and
conduct of a person during the period of probation is not satisfactory, 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; and (b)
if such person is recruited otherwise, - (i)
revert his to his former "post; or (ii)
deal with him in such manner as the terms and conditions of his
previous appointment permit. (3)
On the completion of the period of a probation of a person, the
appointing authority may, - (a)
if his work and conduct have 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 ; or (b)
if his work and conduct has not been, in its opinion,
satisfactory, - (i)
dispense with his services, 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 orders as
it could have passed on the expiry of the period of probation specified in
sub-rule (1) : Provided that the total period of
probation including extension, if any, shall not exceed three years. The seniority inter se of the
members of the Service, in each cadre, shall be determined by the length of the
continuous appointment on a post in that cadre of the Service : Provided that in the case of
members of Service recruited by the direct appointment, who join within the
period specified in the order of appointment or within such period as may from
time to time be extended 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 shall not be disturbed : Provided further that in case a
candidate is permitted to join the service after the expiry of the said period
of four months, in consultation with the Commission, his seniority shall be
determined from the date he joins the Service : Provided further that in case any
candidate of the next selection has joined the service before the candidate
referred to in the preceding proviso joins the candidate so referred shall be
placed below all the candidates of the next selection who join within the time
specified in the first proviso : Provided further that in the case
of two members appointed on the same date, their seniority shall be determined
as follows :- (a)
a member recruited by direct appointment shall be senior to a member
recruited otherwise ; (b)
a member appointed by promotion shall be senior to a member
recruited by transfer; (c)
in the case of members appointed by promotion or transfer
seniority shall be determined according to the seniority of such members in the
appointments from which they were promoted or transferred; and (d)
in the case of members appointed by transfer from different
cadres, their seniority shall be determined according to pay, preference being
given to a member who was drawing a higher rate of pay in his previous
appointment, and if the rates of pay drawn are also the same, then their length
of service in those appointments and if the length of service is also the same,
an older member shall be senior to a younger member. Note :- Seniority of members appointed
on purely provisional basis shall be determined as and when they are regularly
appointed keeping in view the date of such regular appointment. A member of the Service may be
transferred by the Government 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. A member of the Service shall be
liable to serve at any place, whether within or out of the State of Punjab, on
being ordered to do so by the appointing authority. The members of the Service shall
be entitled to such scales of pay as may be authorised by the Government from
time to time. The scales of pay at present in force in respect of the member of
the Service are given in Appendix 'A' to these rules. In respect of pay, leave, pension
and all other matters not expressly provided for in these rules, the members of
the Service shall be governed by such law, rules and regulations as may have
been or may/hereafter be adopted or made by the competent authority, (1)
In the matter of discipline, punishment and appeals, 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 rule 5
of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and the
appellate authority there under in respect of the members of the Service shall
be as specified in Appendix 'B' to these Rules. Every member of the Service,
unless he has already done so, shall be required to take an oath of allegiance
to India and to the Constitution of India as by law established. Every member of the Service shall
get himself vaccinated or re-vaccinated when Government so directs by a special
or general order. 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 any of the provisions of these rules
with respect to any class or category of persons: Provided that the provisions
relating to qualifications and experience shall not be relaxed. The Punjab Home Guards Rules,
1963 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 issued or
taken under the corresponding provisions of these rules. If any question arised as to the
interpretation of these rules, the Government shall decide the same.THE PUNJAB HOME GUARDS AND CIVIL
DEFENCE (CLASS I) SERVICE RULES, 1988