The Haryana Service of Engineers, Class 1, Public Works Department(Building and Roads Branch),(Public Health Branch) and (Irrigation Branch) respectively Act, 1995

HARYANA GOVERNMENT GAZETTEE (EXTRA ) . NOV. 30.1555 (AGHN, 9 1917 SAKA ) PART I LEGISLATIVE DEPARTMENT Notification The 30° November, 1995 No. Leg. 30/95- The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 30" November, 1995, and is hereby published for general information :- Haryana Act No. 20 of 1995 THE HARYANA SERVICE OF ENGINEERS, CLASS 1, PUBLIC WORKS DEPARTMENT (BUILDING AND ROADS BRANCH), (PUBLIC HEALTH BRANCH ) AND (IRRIGATION BRANCH ) RESPECTIVELY ACT, 1995. AN ACT to regulate the recruitment and conditions of service of persons appointed to the Haryana service of Engineers , Class I, Public Works Department (Buildings and Roads Branch) and (Irrigation Branch), respectively. Be it enacted by the Legislature of the State of Haryana in the Forty sixth Year of the Republic of India as follows :- ort title co ne ts an ica Ls (1) This Act may be called the Haryana Service of Engineers, Class I, Public Works Department (Buildings and Roads Branch), (Public Health Branch) and (Irrigation Branch), respectively Act, 1995, (2) It shall be deemed to have come into force on the first day of November 1966. (3) It shall apply to the persons, who are members of the service, but shall not incl de the persons who were appointed before the first day of November, 1966. Definition 2. _Inthis act , unless the context otherwise requires, - (1) “appointment to the service” means an appointment made to the post in service and includes an appointment, made according to the terms provisions of this Act, to an officiating vacancy of a post in service; (2) “Assistant Executive Engineer” means a number of the service in the Junior Scale of pay; (3) “Cadre post” means: a permanent post in the service; (4) Ir “ W r C o i l r g a k a s s t s i on D II e p B a S r r e a r t n v c m i h e c , n e t ” as i m n t e h a e t n he s c ase B u t i m h l e a d y i H ng a b s r e ; y a a n n a d R S o e a r d v s i ce Bra o n f ch E , n gi P n u e b e l r i s c , He C a l l a t s h s B H r L an P c a h b ic or (5) “Commission” means the Haryana Public Service Commission; (6)“C c n o o o m t m p i p e f e i t t c e e a n t n t i t o n a A u u t i t h n h o o ri r th t i e y t y o ” f u f n i d c m e i e r a a l n t s h is G s A a u c z c t e h t ; t e, G ov a e p r p n o m in e t n t to of p f e ic r e f r o rm o r t a he u tho f r u i n t c y t ion m s a y, of by a (7) C B “ a u D s i e e l p d a i m n r a g t y s m en b a e t n ; ” d R m o e a a d n s s B t r h a e n ch P , u bl P i u c b lic Wo H r e k a s l th B D r e a p n a c r h t me o n r t Irr o i f gat t i he o n G B o r v a e n r ch n , m en -a t s th i e n (8)“ i D n i c r lu e d c e t - appointment” means an appointment by open competition but does not (a)An appointment made by promotion; and G (b o ) v A e n r nm a e p n p t o in o t r me of n t t he U by n i t o r n a , n sfer of an officer already in the service of a State (9) e B D “ q r e E u a p n i n a g v c i r a h n l t , e e m n e e t a r n s - t i r t n e h - s e in C p o h c n t i a s h e s e i f e b ” i B l m u i a i t m y l i e e d a s i ; b n n e s g , s an a & n d R E i o n n a c g d l i u s n d e e e s B r r - a a i n n c p - o h s C , t h i P e d u f e b c l l i a o c f r ed t H h e e a b l y t H h a t h r e y B a r G n a o a n v c e h r P n u m o b r l e i n c I t r , r i W g o a a r t s i k o s o n f of ( f 10 i ) c er ho “ l E d x i e n c g u ti a v p e o st E ng o i f n e e e q r u ” i va m l e en a t n s re a s n p o o n f s f ib i i c l e i r t - y i ; n -charge of a division and includes an H D ( e e 1 a p ) l a t r h t m B e r n “ a t G n o c v h o e f r a n P n u m d b e l n i I t c r ” r ig W a o t m r i e o k n a s n s Br D a e n p c t a h he r , t m a e H s n a t r t h y e a i n n c a a s t e h e G m o a v B y u e i r l b n e d ; m i e n n gs t & in Roa t d he s B A r d a m n i c n h i , s tr P a u t b i l v ic e p ( o 1 s 2 t ) , and “ M i e n m cl b u e d r es ,- o f the Service” means an officer appointed substantively to a cadre | D p ( h h ( e b r a a a ) ) p o v v a v i i r I I i n n n n d t g g e m t t d e h h s n s e e u u t c s c ; c c u c c a c e a e s h s s s e e s s f f o u o u o f l f l f f l l i y a y c a e n d r c i r c o a e o m d p c m p o t p e p l o s l e i a e t n p t e t n p e d o m o t d e i n n hi t h t s a h m i v s e e P b n r y t o p a b r t a o r a t l b n a i i a n e o t s n n o i f , f o e f n o r i n , c a e w a r a n a i a t w s o o s a n u f i b f t s i a p s t c r p a e o p r n b o a t a i i p t w n v p i h e t o o o m n i , e n p n t o i t s m s o t e r o n t n t o s i n u c a p h r a t c o o n a y b a d a n r a t e G i o o o c f n p a v f o d i e s r c t r e e o ; r n r , m p e w o w h n s o h t t , , o cadre post. E be x p a l c a t n u a al t l i y o n d oi :- n g I t t i h s e no w t o r h k e c o e f s s a a r c y a dr t e ha t po a s t. m em H b e e r m ay of b t e h e w S o e r r k v i i n c g e i s n h al a l n a e t x - a c n a y d r g e i v p e o n s t ti f m o e r e r x e - a c s a o d n r s e o p f o st a dm m i a n y i st i r nf a e t c i t v e p e c r o f n o v r e m n i t e h n e c e d . u ties C on o v f er a s e c l a y d , r e a p n o st o ; f ficer officiating against an 4 (13) “Prescribed” means prescribed by rules made under this Act: (14) “Superintending Engineer” means an officer-in-charge of an area known as a circle or whose duties are of equivalent responsibility to the charge of a circle; (15) “Service” means the Haryana Service of Engineers, Class-I, Public Works Department in the Buildings and Roads Branch, Public Health Branch or Irrigation Branch, as the case may be; and (16) “University” means — (a) any University incorporated by law in any of the States of India; and b (b e ) f ore th i e n 1 th 5 e " A c u as g e u st o , f d 1 e 9 g 4 r 7 e , e s t he o r Pu d n i j p a l b o , m a S s i nd o bt or a i D n a ed c ca a s Un a iv r e e r su s l i t t y; o f a e nd x planations held (c) Any other University, which is declared by the Government to be a recognised University for the purposes of this Act, Strength of Service o H f Assist 3 a 8) n t Exec (1 u ) t iv T e h e En n g u i m n b e e e r rs s , of E x p e o c s u t t s iv i e n the E Se n r g v i i n c e e e rs s , h all S u c p o e m r p i r n i t s e e n di s n u g c h En n g u i m n b e e e r r s, o f C p h o i s e ts f Engineers and Engineer-in-Chief as the case may be determined each year on the first day of A J . a . n ua T r h y e o s r t r a e s n gt s h o on s o d th e e t r e e r m a i f n t e er d as s ha m ll a y r e b m e a in pr a i c n t i f c o a r b c l e e ti a ll c c i o t r i d s in re g v is t e o d, t he provisions of Appendix member ( o 2) f t N h o e t w s i e t r h v s ic t e a nd to i n a g n a e n x y - t c h a i d n r g e c p o os n t t ai n n o e t d in i c n l s u u d b e d se i c n t i t o h n e ( S 1) e , r vi G c o e v e i r n nm a e c n c t or da m n a c y e ap w p it o h i nt t he a provisions of this Act , provided such post has been sanctioned, ationality and domicile ndidat 4, (1) No person shall be appointed to the Service unless he is, (a) a citizen of India ; or (b) a subject of Sikkim ; or (c) a subject of Nepal ; or (d) a subject of Bhutan ;or a Tibetan refugee who came over to India before the Ist day of January, 1962, with the intention of pe person in Pr w o h v o i s d e e d fa t v h o a u t r a a c c a e n rt d i i f d i a c t a e t e b o e f lo e n li g g i i n b g il it t y o h c a a s t eg b o e r e i n e s giv (c e ) n , b ( y d) , the ( e) co a m n p d e te (f n ) t sh a a u ll t hor be i ty a and if he belongs to category (f) the certificate of eligibility will be issued for a period of one y I e n a d r i , a n af c t i er t iz w e h n i s c h h ip such a candidate will be retained in Service subject to his having acquired (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or ny other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the competent authority. (e) Recruitment permanently settling in India ; (f) a person of India origin who has migrated from Pakistan with the intention of permanently settling in India; Provided that a candidate belonging to categories (c), (d), (e) and (f) shall be = person w i b n h e l i w o c h n h o g s s e s u t c o h f a c v a o a t u e r g c o a a r n y d i ce d ( r a f t ) t i e f t i h c e a w t i c e l e l r o t f i b f e i e c l a i r t g e e i t b a i i o l f n i e t e y d l ig h i a b s i i n l i b t s e y e e r n v w i i c l g e l i ve b s n e u bj b i y e s c s t u t e h d e to c fo o r h m i p s a e t p h e e a r n v i t i o n d g a u o t f a h c o o q r n u i e i t r y e ye d a a n r d , I n a d if f i t a e h n r e citizenship. : (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or any c o e t r h t e i r f ic r a e t c e r ui a t n i d ng he au m t a ho y r it a y l so on p ro h v i i s sio f n u a r l n l i y s hi b n e g a p p r p o o o i f n te t d h at s h u e b je h c a t s to a pp t l he i ed n ec f e o s r sa t r h y e certificate being given to him by the competent authority. Recruitment to Service 5 (1) Recruitment to the Service shall be made by Government by any one or more of the following methods;- (a) by direct appointment ; Union (b ; ) or by transfer of an officer already in the Service of a Government, or of the (c) by promotion from Class II Service, fill f ed by prom (2 o ) t io R n e cr f u r i o t m m en C t l as o s f I t I h e Se S r e v r i v c i e c e sha s l h l a ll not b e e s x o c ee r d e gul 5 a 0 t % e d of t ha t t h e th s e tre n n u g m t b h er o f o S f er p v o i s c t e s excluding the posts of Assistant Executive Engineers: Provided that, if adequate number of Assistant Executive Engineers who are f e i l l i l g e i d b le u p an b d y f p it r o f m or o t p i r o o n m ot of i on m em a b re e r n s o t o a f v a C i l l a a s bl s e , II th S e e r p v o i s c t e s o i r n S by e rv t i r c a e n sf e e v r e n as be m y a o y n d be 5 0 d % e ci s d h e a d ll b b y e Government: Provided further that in case of Irrigation Branch for the first eight years commencing from Ist day of November, 1966, for the word 50% the word 75% be read. (3) In the case of persons who were members of the Service on the commencement of this Act it shall be assumed that the number recruited by promotion from Class II Service is in accordance with the _ provisions of sub-section (2) of Section5, and future recruitment shall be based on this assumption. em (4) All first direct appointments to the Service shall be made to the post of Assistant Executive Engineers: Provided that a direct appointment May, in exceptional circumstances, for reasons to be recorded in writing, be made to the post of Executive Engineer, (5) An officer promoted from Class II Service shall be appointed to the post of Executive Engineer. (6) Appointment by transfer of an officer will normally be made to the rank of Executive. (7) That in exceptional circumstances , for reasons to be recorded in writing, Government will have the power to alter the percentage specified in sub-section (2) of this section. Qualifications 6. No person shall be appointed to the Service unless he,- (a) In case of appointment by direct recruitment possesses one of the University degree or other qualifications as specified in Appendix B of this Act: (b) In the case of an appointment by promotion from Class II Service, has, in addition to the qualifications provided in clause (a), eight years completed Service and has passed the departmental examination of Class II Service: Provided that the Government may waive the requirement of qualifications mentioned in clause (a), for appointment to the Service by promotion from Class II Service, in the case of particular officer: Provided further that the Government may relax the eight years Service in the.case of an officer who has completed 5 years Service and in such a case the Officer shall earn the first increment as an Executive Engineer on the completion of 9 years service. Explanation- For the purpose of computing 8 years Service, in the Service in Class II, as well as in Class I shall be counted: Provided further that no officer of Class II Service working on the Civil side in Buildings and Roads Branch shall be eligible for promotion to Class I Service, unless he has , served for a total minimum period of 2 years on a post related to design or planning or research or survey and investigation or teaching or training or purely office posting whether in Head Office or in Circle Office or Research Laboratory under the Haryana Government or while on deputation under any authority: (c) Is a person with a satisfactory character and antecedents, verification in respect of which shall be arranged through appropriate Government agency, except in cases where such verifications may have already been made at the time of his entry into Government Service: (d) Has not more than one wife living or , in the case of a woman, is not married to a person already having a wife living: Provided that Government may if satisfied that there are special grounds for doing so, exempt any person from the operation of this condition. 7, (1) The minimum and maximum age for direct appointment shall be such as may be notified by Government from time to time. (2) The selection of candidates shall be made by the Commission, after holding a competitive examination, the syllabus for which shall be such as may be prescribed by Government from time to time. Provided that a candidate shall not be considered qualified for appointment, unless he obtains not less than forty percent marks in each subject and also not less than fifty percent marks in the aggregate, and no candidate who does not obtain the qualifying marks shall be called for interview by the Commission. (3) Appointments to the Service shall be made according to the number of vacancies to be filled by direct appointment strictly in the order of morit indicated by the Commission. Explanations:- When so requested by Government, the Commission may hold a comb.ned Competitive examination for selection to the Service as well as to any other Engineering Service or Services of the State and in such an event appointments shall be made in order of merit indicated by the Commission , after allowing persons that are appointed to another Service. Appointment by Promotion 8. (1)A committee comprising of such members as may be notified by Government from time to time shall be constituted for Buildings and Roads Branch, Public Health Branch and Irrigation Branch, as the case may be , to prepare a list of officers suitable or promotion to the senior scale of the Service. The selection for inclusion in such list shall be based on merit and suitability in all respects with due regard to seniority. (2) The Committee shall meet at intervals ordinarily, not exceeding one > ar, and consider the cases of all eligible officers for promotion to the senior scale of the Service, as on the Ist day of January of that year. (3) The names of the officers included in this list shall be arranged in order or seniority in Class II Service : Provided that any junior officer, who in the opinion of the Committee, is of exceptional merit and suitability, may be assigned a place in the list higher than that of officers senior ito him, { : (4) The list so prepared shall be revised every year. (5) If in the process of preparing the list or its revision, it is proposed to supersede any eligible candidate, the Committee shall draw up a list of such officers and may record its reasons for the proposed supersession. (6) ‘The list prepared or revised in accordance with sub-sections (1), (3) and (4) shall then be forwarded to the Commission by Government along-with — (i) the records of all officers included in the list; (ii) the records of all officers proposed to be superseded as a result of the recommendations made by the Committee; (iii) _ the reasons, if any, recorded by the Committee for the proposed supersession of any officer; and (iv) the observations, if any , of the Government on the recommendations of the Committee. 7. The Commission shall consider the list prepared by the committee along with other documents received from the Government and, unless it considers any change necessary, approve the list. 8 Ifthe Commission considers it necessary to make any change in the list received from the Government, the Commission shall inform the Government of the changes proposed an after taking into account the comments, if any, of the Government, may approve the list finally with such modification, if any, as may, in its opinion, be just and proper. 9. Appointmentst’o the Service shall be made by Government from its list in the order in which names have been placed by the Commission. 10.Appointment by promotion may be made to the post in Service, or to any post in the cadre in an officiating capacity from the list prepared under this section. 11. It shall not ordinarily be necessary to consult the Commission before appointments under suh-sections (9) or (10) are made, unless during the period intervening between the inclusion of the name of the officer in the list and the date of the proposed appointment there occurs any deterioration in the work of the officer which in the opinion of the Government is such as to render him unsuitable for appointment to the service. 9 (1) Subject to the provisions of sub-section (2) and (3) , members of the service shall be eligible for promotion to any of the post in the service namely, executive Engineer, Superintending Engineer, Chief Engineer and Engineer-In-Chief within their respective branches: Promotion within Service. —— Provided that a member of the Service who does not possess one of the University degrees or other qualifications as specified in Appendix B of this Act, shall not be eligible for promotion to the post of Superintending Engineer or above, till he has acquired the requisite qualifications. tr Explanation.- Once an officer has been appointed as member of the service, his promotion within it from one rank to another shall be regarded as promotion within the s. me’ cadre. _P(2)r omotsihalol bne msad e by selection on the basis of merit and suitability in all = respects and a member of the Service shall not have any claim to such promotion as a matter of right or mere seniority, ) (4) A member of the Service shall not be eligible for promotion to the rank of — (a) Executive Engineer unless he has rendered five years Service as an Assistant Executive Engineer; and has passed the departmental examination as provided in section 15: Provided that an officer who has rendered six years or more service as an Assistant Executive Engineer shall, unless he is considered unsuitable for promotion, be given preference for such promotion over an eligible Class II officer: Provided further that no member of the Service working on the civil side in Buildings and Roads Branch, shall be eligible for promotion as Executive Engineer, unless he has served for a total minimum period of two years on a post relating to design or planning or research or survey and investigation or teaching or training or purely office posting whether in Head Office or Circle Office or Research Laboratory under the Haryana Government or while on deputation under any other authority. Explanation.- Any service of the specified nature rendered in Class II by the member of the Service shall also be counted for computation of two years Service of such specified nature. (b). Superintending Engineer, unless he has rendered seven years service as an Executive Engineer: Provided that in the case of promotion to the post of Superintending Engineer working on the civil side in Buildings and Road Brach, he has served for a total minimum period of two years on a post of Executive Engineer relating to design or planning or research or survey and invesitgation or teaching or training or purely office posting whether in Head Office or Research Laboratory under the Haryana Government or while on deputation under any other authority. (c) Engineer-In-Chief and Chief Engineer unless he has rendered three years Service as Superintending Engineer: Provided that, if it appears to be necessary to promote an officer in public interest, che Government may, for reasons to be recorded in writing, either generally for a speci‘ied period or in any individual case, reduce the period specified in clauses (a), (b) or (c) to such an extent as it may deem proper. 10. Government may, in special circumstances, with the approval the Commission , appoint an officer to the Service by transfer, Appointment by transfer 11 (1) Officers appointed to the Service shall remain on probation for a period of two years, if recruited by direct appointment and one year if recruited otherwise: Probation Provided that- - (a) any period after appointment to the Service spent on deputation on a t c h o is r re se s c p t o i n on d ; i ng or a higher post shall count towards the period of probation fixed under d f E i i x x s e e c c d r u e t t u i i n v o d n e e r e o t n f h g i i s G ne o s e e v r c e t r io n o n r m : e n a a b t n o d v e b , e p a r l i l o o r w e t d o to a p c p o o u i n n t t m t e o n w t a rd t s o t t h h e e S p e e r r v i i o c d e of m ay p , r oba at t io th n e (c) p a p a g r n r a e o i s b o n c a f s r t f t i i i b c o e a i n d a t c i a b p n d u e g r t r e i n a o o p d p o p s o t m o . i f e n m t p b r m e o e b r n a t t i w o h i n n o , th b h e e a s e S n t e t h r i u t v s l i e c d e o ff t s i o h c a i l b a l e t ed c b e o n s f h r a i e l r c l m , k e o d n o , e n d u t n h a l e s e s c s a o m p h p e e l r i e i o t s d i a o p n s p p o e i n of n t te t o h d n e (2) p If r o t b h a e t io w n o rk is , or in c th o e n d o u p c i t n io o n f a of n G o o f v fi e c r e n r m e a n p t p , o in n t o e d s at t i o s fa t c h t e ory S , e rv i i t m c a e y- d uring the period of (a) dispense with his service, if recruited by direct appointment; or (b) if recruited otherwise- (i) revert him to his former post; or (ii p ) re d v e i a o l u s wit a h p po h i i n m t me in n t su p c e h r mi o t t , h er manner as the terms and conditions of his (3) m O a n y - the completion of the period of probation of an officer, the Government (a) confirm such officer in his appointment; or ( p b r )i o f b a n t o i on c ad s r a e t is p f o a s c t t or is i l v y a ; c an or t for him, declare that he has completed his w ( i c t ) h i f h h i i s s s w e o r r vi k c es a , n d if c o r n ec d r u u c i t t ed h as, b y i d n ir i e ts c t op a i p n p i o on i , n tm n e o n t t: b ee o n r Satisfactory, dispense (d) ifrecruited otherwise- (i) revert him to his former post; or (ii) deal with him within the terms and conditions of his previous appointment; or have passe ( d e )e o x n t e t n h d e e hi x s p ir p y e ri o o f d th o e f p fi r r o st b a p t e i r o i n o d an o d f p t r he o r b e a a t f i t o e n r ; pass such orders as it could not exceed P r t o h v r i e d e e d y ea t r h s a . t the total period of probation, including extension, if any, shall shall co ' nf ( i 4 r ) m O n suc th h e o s f a fi t c i e s r f ac i t n or a y cad c re o mp p l os e t t , i o i n f on o e f t is h e av p a e i r l i ab o l d e o f f o r p h r i o m b . a tion, Government a d m e o te n r g m s i t n e ( t d 1 h 2) e m by . S ( e t 1 h n ) e i o I r C n i o t t m h y m e is ca s s i e on of A s s ha s l i l s ta n n o t t E be x ec d u i t s i t v ur e b e E d ng i i n n e f e i r x s i ng the t he or i d n e t r e r of s e m s e e ri n t i ority E B E x n r e g a c i n u n c t e h i e v r e s s ( h 2 a ) E l i l n n I g n i t t e b h n r e e e e s r B e d s u e i ; s t l e e d n r i i m o n i r g n i s e t y d a o n f d b y t h R e o t a h m e d e s m l b e e B n r r g a t s n h c h o , f o f th P e c u o b n l S i t e c i r v n i u H c o e e u a s l a t p h p s o e i r B v n r i t a c e n e d c h o as n a E nd x t h e e c I u r t r p i i o v g s e a t tio o n f Provided that seniority shall be determined separately for Buildings and Roads Branch, Public Health Branch and Irrigation Branch: Provided further that in case of Executive Engineers directly appointed or promoted from Assistant Executive Engineer or promoted from Class-II Service or appointed by transfer on the same day, their inter se seniority shall be in the following order :- (i) Executive Engineer directly appointed shall be senior to all: (ii) Executive Engineer promoted from Assistant Executive Engineer shal] he senior to the Executive Engineer promoted from Class-II Service or appointed by transfer; (iii) Executive Engineer promoted from Class-II Service shall be senior to the Executive Engineer appointed by transfer. (3) In the case of the Executive Engineers 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 by the length of their service in the appointment; and if the length of such service is also the same, the older member shall be senior to the younger member. (4) Where a member of the Service, for a cause which Govt. considers to be sufficient, is unable to join the Service or continues with Government's approval on deputation outside the service, it shall be open to Government to allow him credit for such service as if it was service rendered under this Act for purposes of the fixation of his seniority. Explanation - All employment on deputation after a member has joined the Service and has had his seniority fixed under this Act, shall count as if it was employment in the Service and shall not in any way affect the seniority already fixed, except to the extent that such seniority would in any case have been affected had the member of the Service continued to. work in the department. 8. Members of the Service will be entitled to such scales of pay including special pay, as may be notified by Government from time to time. Pay of member of Service 9. In respect of leave, pension and other cogaate matters not expressly provided for in this Act, the members of the Service shall be governed by such .Tules and regulations as may have been, or may hereafter be, framed by competent authority under article 309 of the Constitution of India. Leave,Pension and other matters. 10. (1) Officers appointed to the Service, unless they have already done so, shall pass such departmental examinations and within such period, as may be prescribed by Government: Departmental examination Provided that Government in addition to such departmental examination may, from time to time, prescribe any other test or examination to be passed before an officer can be considered eligible for promotion or appointment to any rank in the Service: Provided further that the Government may, for any sufficient cause extend the period within which any member is required to pass the departmental examination. (2) If an officer fails to pass the departmental examination within the prescribed period or with in the extended period, if any, he shall not earn his future grade increments till such time as he passes it when the increments shall be released retrospectively. Provided that he shall not be entitled to get any arrears of the released grade increments for the period during which he could not pass the examination. (3) Ifan officer passes the departmental examination before the prescribed period, he shall be given all increments which would have otherwise fallen due to him at the end of the prescribed period with effect from the last day on which the departmental examination were completed. The above advantage conferred by this stipulation is not of cumulative nature and later, increments will become due on the dates on which they would have become otherwise due. 16. Every member of the Service shall get himself vaccinated and revaccinated as and when the Government so directs by special or general order. Vaccination 17. In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Punishment and Appeal Rules as may be framed by the Government from time to time. Discipline, Penalty and appeal 18.Every member of the Service, 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. Oath of alliance 19. (1) A member of the Service shall be liable to serve under the Government at any place whether within or outside the State of Haryana. Liability to serve (2) Amember of the service may also be deputed to serve under :- (i) a company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government, a municipal corporation or a local authority within the State of Haryana. the central government or a company, an association or a body of individuals whether incorporation or not, which is wholly or substantially owned or controlled by the central Government; or (iii) any other state Government, an international organization, an autonomous body not controlled by the Government or private body: Provided that on member of the Service shell be deputed to serve the Central or any other State Government or any organisation or body referred to in Clauses (ii)and (iii) except with his consent. (3)Every person appointed to the Service shall, if so required, serve in any defence service or post connected with the defence of India for a period of not less then 4 years including the period spent on training, if any: Provided that such person-- (a)shall not be required to serve as aforesaid after the expiry of 10 years from the date of of appointment to the Service; (b)and shall not ordinarily be required to serve as aforesaid after attain in the age of 40 years. 20. Ifa member of the Service is dismissed by Government or other competent authority as result of a departmental enquiry or an enquiry under the Public Servants (Inquiries) Act, 1950 or on conviction on a criminal charge by a court, Government may publish in the Official Gazette the reasons for such dismissal, if it is of the opinion that such publication is desirable in the public interest, 21. Inall matters not expressly provided for in this Act, the members of the Service shell be governed by such general or Special rules as may have been, or may hereafter be, framed by Government from time to time, 22) (1) Where Government is satisfied that the operation of any of the provisions: of this Act causes undue hardship in any particular case, it may, by order dispense with or relax the requirements of that provision to such an extent, and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner. (2) Notwithstanding anything contained in this Act, it shall be open to Government to recruit a person other than an Indian citizen to the Service, in which event it shall, in consultation with the Commission, pass such orders as it considers appropriate in respect of all other matters which arise in connection with such an appointment, 23) Nothing contained in this Act, shall affect reservations and other concessions required to be provided for Scheduled Castes, Backward Classes, Ex-Servicemen, Physically handicapped persons any other class or category of persons in accordance with the orders issued by the Government in this regard, from time to time. 24, The Government may, by notification, make rules for carrying out the purposes of this Act. 25. The Haryana Service of Engineers Class I, Public Works Department (Buildings and Roads Branch).(Public Health Branch) and (Irrigation Branch) Respectively Ordinance, 1995 (Haryana Ordinance No. 6 of | 995), is hereby repealed. The Punjab service of Engineers, 1960, the Punjab Service of Engineers, Class I, Public Works Department (Public Health Branch) Rules, 1961, the Punjab Service of Engineers Class I, Public Works Department (Irrigation Branch) Rules, 1964, in their application to the State of Haryana, are also hareby repeated to the extent that these rules shall continue to apply to the persons who were members of the Service before Ist day of November, 1966 : Provided that such repeal shall not effect-- (a) any penalty or punishment imposed as a result ofd isciplinary proceedings; (8) any disciplinary action or proceedings initiated or pending under the rules so repealed; (c) any relaxation in qualifications granted to any member of the Service under the rules so repealed ; c d (d u o ) r m i m t n h e g e n c b a i e n ne p g f e i r t s f s o r n o s a m c c t r w h u h e e o d I st t o h d a a t v h y e e o p f r e e r t s i N o r o n e v d s e m w b f h r e o o r m , h 1 a s 9 v e e 6 r 6 v i r c e a e t n i d r e d d u e r n f i d r n i o g n m g a s w e i r t p v h e i r c i e t o h d e APPENDIX (See Section 3) inthe following T he m a s n t n r e e r ng th :- - of the service shall be determined each year I. Senior Posts (Executive Engineers and above)-- The number of senior posts shall be calculated as under :-- (a) First add-- (1) co T n h t r i e n e u ous y l ea y r s for an t d hr ee Ov y e e r a rs p o o r s ts m , o re i.e p . r , ior p o t s o t s J anu w a h r i y c h Ist, h ave existed (2) National posts-- These shall be determined as follows :-- () E w w p h n h r o u i e l m c c e e h e d r i a m n i t t o g e n h t a h s J . p a o n e s u x t a i s r s t y e w d; h 1 i , c a h l g l iv p h i e a n r v g i e o d f s o e r x i o s f e t a e c d 1 h 5 , d d a u t y r h s e i ng o n r u m t a h b b e e o r v e la st o f c o t u m h n o r t e n i e t n h g y s e a a r s s fo , r a (ii) Add the total number of months involved at (a) above, (tii) D o i f v i n d a e t io ( n b a ) l b p y os 3 t 6 s t t o o t b h e e i n n e c a l r u es d t e d. w hole number, to obtain the number (3) Deputa J o t a f i n f u i o c a n e r r y s 1 p . o o s n t s de : p - u - t T a h t e i s o e n , sh w al h l e th b e e r eq in u iv t a h l e e nt S tat t e o t o h r e o n ut u s m i b de e , r o o n f ‘ (6) T a 1 o / ) 2 t p h e e rc t e o n t t a l o o f f i 'X t ' e ms as ( L 1 e ), a ve (2 ) R a e n s d e rv ( e 3) s (t ( o t he be to c ta a l l le t d h us ' X' a ) rr f i u v r e t d h er t o a c d a d l le 7 d - : (c) T q h u e e sti s o t n r eng be t h 'Y’ o f mi t n h u e s s f e i r f v t i e c e e n p ( e S r en c i e o n r t o P f o s ' t Y s ' ) ca s l h c a u ll l , a ted fo r to th t e h e y n e e a a r r est in whole number. The balance of 'Y' minus senior posts as calculated above shall represent ex-cadre posts: Provided that-- (i) the number of senior cadre posts for the year shall in no case be less than the number of officers confirmed against such post ; (ii) where as a result of the application of clause (i) of the proviso the number of senior cadre posts becomes larger than the number worked out under I(c) above, the excess number shall be reduced as and when confirmed officers retire or leave the Service otherwise; (iii) a number pf ex-cader serener posts corresponding to the excess number ,if any as arrived at under clause (i) of the proviso, shall be reduced, explanation:- the government shall not appoint officers against ex-cadre posts except to the extent that divisional or higher charges exist at any given time; and (d) of the senior posts thus determined the member of cadre posts of Superintending engineers and as above shall be determined from time to by administrative department in consultation with the finance department .all other senior cadre posts shall be in the rank of executive engineer ; provided that there may be ex-cadre posts of executive engineer or of higher rank depending upon the actual requirements of the Department. If, Junior Scale post (Assistant Executive Engineers):-the number of junior posts for the year shall be- (a) Cadre posts determined by dividing the figure 'Y' as calculated according to the provisions of Part I above by figure 2 and multiplying the resulting figure by the fraction 7/23: Provided that the number of cadre posts for the year shall not be less than the number of cadre posts of the year preceding it. (b)Ex-Cadre posts:- The number of posts shall be increased by such number as may be necessary to ensure at least one direct appointment to the post of Assistant Executive Engineer each year. APPENDIX - B (See Section 6) A. Punjab University : B.Se.(Engg.) degree in Civil, Mech. or Electrical. Agra University ; B.Sc. in Electrical or Mechanical Engineering from June, 1954, Aligarh University. ; B.Sc.(Engg.) from 1948; also degree prior to 1948 after a full three years course, 1950, Andhra University, B.E., Civil, Mechanical or Electrical from Annamalai University, April, B.Sc. Civil, Mechanical Or Electrical from 1949, Bihar University. B.Sc.(Civil Engineering). Engineering Banaras Hindu University. B.Sc. in Electrical and Mechanical upto 1952, B.Sc. in Civil and Mechanical }Since Engineering. }1953 B.Sc. in Mechanical Engineering, B U a n r i o v d e a r si ( t M y a haraja Sayajirao) B B . . E S . c . in i n Ci E v l i e l c , t ri M c e a c l h a E n n i g c i a n l e er o i r ng E . l ectrical fro } m Bihar University, Engineering. yo in Mechanical or Electrical Bombay University, B.E. in Civil, Mechanical or Electrical, (College Calcutta University, B.E, in Civil, Mechanical or Electrical of Engineering, Sibpur): Delhi University. from B.E., Electrical and Mechanical with effect April-May, 1955, Gujrat University. B.E. Civil, Mechanical or Electrical, Jabalpur University, B.E. (Honours or pass), Civil, Mechanical or Electrical from April, 1957. Jadavpur University B.M.E., E.E. and B.E.E. (Communication option) with effect from 1955, Karnatak University. B.E.Civil, Madras University, B.E., Civil, Mechanical, Electrical, Telecommunication or Highway Engineering from March, 1946. Mysore University. B.E., Civil, Mechanical or Electrical B.E. (Chem.) from 1949-1951, Osmania University, BE. Patna University. B.C.E. (renamed as B.Sc. Engineering), Poona University B.E.,Civil Mechanical, Electrical, Tele- communication or Metaliurgy. Rajputana University : B.E., Civil, Mechanical or Electrical, (renamed as Rajasthan University) Roorkee University : Degree in Civil, Mechanical or Electrical Engineering, Sagar University. : B.E. (Honours or pass), Civil, Mechanical, Electrical and Telecommunication from April, 1951 to April, 1957. Sardar Vallabhai Vedyapeeth B.E. Civil, Mechanical or Electrical from March/April, 1958. Travancore University (renamed ;. B.Sc, (Engineering). as Kerala University) T S r h u r p i a ti V . e nkateswara University : B.E. Degree in Civil, Mechanical and Electrical Engineering, Ranchi University, : B.Sc. Degree in Civil, Electrical or Mechanical Engineering, Electrical Engineeri Al n l g . Ind © ia Council of Technical Education National Diploma in Civil, Mechanical or Engineering from B 1 e 9 n 2 g 4 a l t o En 19 g 4 i 5 n . e ering College, Sibpur-Associateship in Mechanical or Electrical S M M c a a i r y e c n h c , 1 e 9 51 E 1 . 9 x 5 a 2 m ; i n D at i i p o l C n o o l m l a w e i g t e h i n o M M f a e t c E h n h e g a m i n a n i t e c i e a c r l s i , n g or Ph a E y n l s d e i c c t s T r i e c c a a h n l n d o E l C n o h g g e i y m n i e s e B t r e r i n y n g ; g a l B - f . B r E . o . M m E . . E . 1 ( , 9 C 4 1 o B m . m E p u . r n E o , i v i c d a S e t p d i e c o i n p a a l s s O e p D d t e i g o r t n e h ) e e f I u r n p t o t e m o r Electrical Engineer C i o n l g l eg u e pt o En 1 g 9 i 4 n 5: e er a i l n s g o , if G ad u m i i n t d t y e , d M pr a i d o r r as to - E 1 n 9 g 4 i 5 n e a e n r d p D a i s p se l d o ma ou t in b y C 1 iv 9 i 4 l 8 , , Mechanical or Technology or Elec I t n r d i i c a a n l C I o n m st m i u tu n t i e c at o i f on S ci E e n n g c i e n ; e er B i a n n g g al ( o r r e e n - a C m e e r d t if as i ca D t . e L E.S o c f . P f r r o o f m i ci 1 e 9 n 4 c 6) y , in Electrical Electrical, Indian Institute of Technology, Kharagpur-B.E,(Tech.) in Civil, Mechanical, (formerly Assistant T h E o n m g a in s e o e n r 's C C i e v r il t ific E a n t g e i ), n eering College, Roorkee-Diploma in Civil Engineering Engineers (India) P C a i r vi t l s , ' M A' e ch an a d n ic 'B a ! l of o r th E e l ec A t s r s i o ca c l i . a te Membership Examination of the Institution of the B. Foreign Universities : B.Sc. Engineering Degree or its equivalent in Civil, Mechanical or Electrical of any Universities. Must have passed any of the followings :- (1) The examination for the Diploma of Farady House, London. (2) The examination for such Degree and Diploma as entitle their holders to exemption from Section 'A' and 'B' of the Associate membership examinations of the Institutions of Civil, Mechanical and Electrical Engineers, London. (3) B.A. with Honours in the Engineering Science, Final Honours School of Oxford University. (4) B.A. with Honours in Mechanical Science Tripose or Ordinary Degree (B.A.) in Engineering of Combridge University provided the graduate has passed in Principal subjects Engineering I, Engineering II and Engineering III. (5) B.Sc. in Engineering (Honours or Ordinary Degree) of St. Andrews University, (6) B.Sc. in Civilo r Mechanical or Electrical Engineering in Naval Architecture (Honoursor Ordinary Degree) of Glasgow University. (7) B.Sc. in Engineering (Honours or Ordinary Degree) of Edinburgh University, (8) B.A.-I (Ordinary or with Honours in Engineering) of Dablin University, (9) B.Sc. in Civil or Mechanical or Electricaolr Marine Engineering, or in Naval Architecture (Honours or ordinary Degree) of Durban University. (10)B.Sce. (Internal Degree) in Engineering ordinary or with Honour not including the B.Sc.in Engineering (Mining) or the B.Sc. in Engineering (Metallurgy) of London University. The External Degree is also accepted to the same extent, provided it is recognized by the Institution of Civil Engineers as exempting from Section 'A' and 'B' of \ the A.M.I.C.E. Examination, (11) B.Sc. in Engineering (Honours or ordinary Degree) or B.Sc. in Technical , Mechanical, Electrical or Municipal and Sanitary Engineering of Victories University (Manchester). (12) B.Sc. in Civil, Mechanical or Electrical Engineering (Honours or ordinary Degree) of Birmingham, (13)B.Engg. in Civil, Mechanical, Electrical or Marine Engineering or Naval Architecture (Honours or ordinary Degree) of Liverpool University. : (14)B.Sc. in Civil, Mechanical or Electrical Engineering (Honours or ordinary Degree) of Leeds University. (15) B.Engg. in Civil, Mechanical or Electrical Engineering (Honours or ordinary with a first Class in the final examination) of Shaffield University. A lst Class in the final Examination will not be required in the cases of Degrees obtained on or after June, 1930. (16)B.Sc. in Civil or Mechanical or Electrical Engineering (Honours or ordinary Degree) of Bristol University. (17) B.Sc. in Civil, Mechanical or Electrical of University of Wales. (18) B.E. of National University of Ireland. (19) B.Sc. in Engineering of Queens University of Belfast, (20) B.Sc. in Engineering (Honours or ordinary Degree) of Aberdon. (21) Any of the other equivalent degrees as recognized by the Institution of Civil Engineers, London, and Institution of Civil Engineer, India. (22) The Associateship Examination of the City and Guilds Institute (Imperial College of Science and Technology, South Kemisington) in Engineering. (23) B.Sc. (Engineering) of Rangoon University. (24)'A' Class Diploma in Mechanical and Electrical Engineering of the Meclagan Engineering College, Lahore, Punjab College of Engineering and Technolog : y, Lahore. es The examination for such other Diploma or Distinction in Engineering as the Government of Haryana in the concerned Department on the advice of the Commission may specify in this behalf. ‘ Note - The candidates to be appointed for Civil posts shall be recruited \.1th qualifications in Civil Engineering, whereas those recruited in the Electrical Engineering Unit shall possess qualification in Electrical Engineering. Candidates recruited for Mechanical charges will be required to possess degree in Mechanical Engineering, M.K.BANSAL, Secretary to Government, Haryana, Legislative Department.