Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) respectively Act, 1995
No: 20 Dated: Nov, 30 1995
The Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch) respectively Act, 1995
Haryana Act No. 20 of 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), (Public Health 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 :-
1. Short title, Commencement and application. - (1) This Act may be called the Haryana Service of Engineers, Class I, Public Works Department (Building and Roads Branch), (Public Health Branch) and (Irrigation Branch), respectively Act, 1995.
(2) It shall be deemed to have come into force on the 1st day of November, 1996.
2. Definitions. - In this 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 and provisions of this Act, to an officiating vacancy of a post in Service;
(2) "Assistant Executive Engineer" means a member of the Service in the junior scale of pay;
(3) "Cadre post" means a permanent post in the service;
(4) "Class II Service" means the Haryana Service of Engineers, Class II, Public Works Department in the Buildings and Roads Branch, Public Health Branch or Irrigation Branch, as the case may be;
(5) "Commission" means the Haryana Public Service Commission;
(6) "Competent Authority" means such Government officer or authority as the Government may, by notification in the Official Gazette, appoint to perform the functions of a competent authority under this Act;
(7) "Department" means the Public Works Department of the Government in the Building and Roads Branch, Public health Branch or Irrigation Branch, as the case may be;
(8) "Direct appointment" means an appointment by open competention but does not include -
(a) an appointment made by promotion; and
(b) an appointment by transfer of an officer already in the Service of a State Government or of the Union.
Explanation. - A Class II Officer who enters the Service by open competitive selection, shall, for the purposes of this Act, be deemed to have entered the service by direct appointment;
(9) "Engineer-in-Chief" means an Engineer-in-Chief of the Haryana Public Works Department in the Buildings and Roads Branch, Public Health Branch or Irrigation Branch, as the case may be, and includes a post declared by the Government as of equivalent responsibility;
(10) "Executive Engineer" means an officer-in-charge of a division and includes an officer holding a post of equivalent responsibility;
(11) "Government" means the Haryana Government in the Administrative Department of Public Works Department in the Building and Roads Branch, Public Health Branch and Irrigation Branch, as the case may be;
(12) "Member of the Service" means an officer appointed substantively to a cadre post, and includes, -
(a) in the case of a direct appointment an officer on probation, or such an officer who, having successfully completed his probation, awaits appointment to a cadre post;
(b) in the case of an appointment by transfer an officer who is on probation or who, having successfully completed his probation, awaits appointment to a cadre post, provided such officer does not have a lien on a substantive post in any Government Department.
(c) in the case of an appointment by promotion an officer on probation or such an officer who having successfully completed his probation awaits appointment to a cadre post.
Explanation. - It is not necessary that a member of the Service shall at any given time be actually doing the work of a cadre post. He may be working in an ex-cadre post for reasons of administrative convenience. Conversely, an officer officiating against an ex-cadre post may in fact perform the duties of a cadre post;
(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) in the case of degree or diplomas obtained as a result of examinations held before the 15th August, 1947, the Punjab, Sind or Dacca University; and
(c) any other University, which is declared by the Government to be a recognised University for the purposes of this Act.
3. Strength of Service. - (1) The number of posts in the Service shall comprise such number of posts of Assistant Executive Engineers, Superintending Engineers, Chief Engineers and Engineer-in-Chief, as may be determined each year on the 1st day of January or as soon thereafter as may be practicable according to the provisions of Appendix A. The strength so determined shall remain in force till it is revised.
(2) Notwithstanding anything contained in sub-section (1), Government may appoint a member of the Service to an ex-cadre post not included in the Service in accordance with the provisions of this Act, provided such post has been sanctioned.
4. Nationality and domicile of candidates. - (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
(e) a Tibetan refugee who came over to India before the 1st day of January, 1962, with the intention of permanently settling in India;
(f) a person of Indian 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 a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (f) the certificate of eligibility will be issued for a period of one year, after which such a candidate will be retained in Service subject to his having acquired Indian 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 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.