GENERAL ORDERS

Rules relating to the Subordinate Services under the control of Financial Commissioners.

3.1Scope of Rules:- The following rules apply to the services under the overall control of the Financial Commissioner, Revenue, Punjab, and may be consulted at Annexure ‘A’:-

(a)  The Punjab Commissioners’ Offices (State Service Class II) Rules, 1976.

1. The Punjab Commissioners’ Offices (Class III) Service Rules, 1976  

(c)  The Punjab District Offices (Class III) Service Rules, 1976.

(d)  The Punjab Land Records (State Service Class III) Rules, 1976.

(e)  The Punjab Kanungo (State Service Class III) Rules, 1976.

(f)  The Punjab Revenue Patwaris (Class III) Service Rules, 1966.

The Rules relating to the service matters of Tehsildars and Naib-Tehsildars will be found in the Punjab Tehsildars ( Class II) Service Rules, 1984 and the Punjab Naib-Tehsildars ( Class III) Service Rules, 1984 and Regulations made thereunder, respectively.

All these services are governed by the Punjab Civil Services Rules relating to the general service conditions of the employees, T.A and D.A., Pension, Gratuity etc., Punishment and Appeal Rules, Premature Retirement Rules, etc. The said rules are available in Punjab Civil Services Rules, Volumes I to III and should be consulted.

3.2Order of dismissal, removal or reduction in rank :- Special attention is drawn to the Punjab Civil Services (Punishment and Appeal) Rules, 1970  wherein the procedure required to followed before an order of dismissal, removal or reduction passed against a member of the service, is laid down. These are appended to this Chapter at Annexure ‘B’.

3.3-----3.4   Deleted.

3.5Recruitment to be made through S.S.S. Board.:-  The demand for recruitment in the District Offices should be referred to the Punjab Subordinate Services Selection Board by the Deputy Commissioners.

3.6----3.8    Deleted

3.9Applications not to be made to Financial Commissioners Direct:- Members of the service as well as candidates for Government Service must not make direct applications to the Financial Commissioner, Revenue, whether personally or in writing, as to appointments, promotions, punishments, leave or other like matters. In all such cases correspondence must pass through regular channel.

3.10  Control over immovable property held or acquired by Government Servants:-     (1)  Every Government servant or candidate for Government service must make to the Government, through the usual channel, a declaration of an immovable property which may from time to time be held or acquired by him or by his wife or by any member of his family living with, or in any way dependent upon him.

(2)  The following policy has been formulated by the Government for submission of returns of assets and liabilities by Government employees under the Punjab Government Employees (Conduct) Rules, 1966:--

A.  (i) Every government employee shall on his first appointment to any service or post submit a return of his assets and liabilities in such form as may be prescribed by the Government giving full particulars regarding,---
(a)  the immovable property inherited by him or owned/acquired by him or held by him on lease or mortgage either in his own name or in the name of any other person;
(b)  shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c)  other movable property inherited by him or similarly owned, acquired or held by him;
(d)  debts and other liabilities incurred by him directly or indirectly.

(ii)  where a Government employee already belonging to a service or holding a post is appointed to any other civil service or post, he shall not be required to submit a fresh return under clause (i) of sub-rule (I) of rule 18 of Punjab Government Employees (Conduct) Rules, 1966.

(iii)  Every Government employee belonging to any service or holding any post in Class I or Class II shall submit an annual return in such form as may be prescribed by the Government in this regard giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person.

It may be seen that the submission of annual returns in respect of movable property by all the employees belonging to any Class of services has been dispensed with. As regards the submission of returns in respect of immovable property, an annual return is required in the case or Government employees belonging to Class I and Class II services only, and no such return is required in the case of Class III and Class IV employees. A fresh property return is also not required to be submitted by a government employee who is appointed to any other post or class of service. Government, however, has the power under sub-rule (4) of rule18 of the Punjab Government Employees (Conduct) Rules, 1966 to require a Government employee at any time to furnish a full and complete statement of such movable or immovable property held or acquired by him on his behalf or by any member of his family etc.   

(Punjab Government letter No 13/7/78- 2PP/35251,dated 6th November, 1978.)

B  Forms I—V have been prescribed for the said purpose.  Form I is to be filled and furnished to prescribed authority annually by the Government employees belonging to class I and class II services, whereas the  Forms ( numbered I-V) are to be furnished by all Government employees belonging to any class of service at the time of first appointment. (see Annexure C)

3.11 Character roll maintenance - The following are the rules as to the maintenance of character books for members of the service:-

(i)  A character roll will be maintained for every member of the service in the prescribed form and will be kept by the officer under whom he is employed; for example, those of the district establishment by the Deputy Commissioner and of the Commissioners’ establishment by the Commissioner. They will be kept under lock and key under the charge of Superintendent of the office who is personally responsible for them.

(ii)  For writing the character roll of the member of the service, detailed instructions have been issued by the Chief Secretary to Government, Punjab,---vide his letter No. 2334-ASI-60/15708, dated 3rd May, 1960, followed by modifications  made from time to time which should be strictly followed. The said instructions deal with subjects under the following sub-heads:-

(1)  The need for regular and punctual recording of reports in personal file.
(2)  What the report should contain.
(3)  Report regarding integrity.
(4)  Minimum period for which a Reporting Officer should have seen the work of its subordinate before recording remarks on him.
(5)  Recording of remarks on the occasion of relinquishment of charge by Reporting Authority.
(6)  Issue of letters of appreciation.
(7)  Communication of adverse remarks.
(8)  Representations against adverse remarks.
(9)  Time limit for filing representations against the adverse remarks and the authorities to whom the representations are to be addressed.
(10)  Nature of documents/communications which need and need not be placed on personal files.
(11)  Procedure to be followed where a Reporting Authority is related to the officer to be reported on.
(12)  Soliciting of remarks to be discouraged.
(13)  Custody of personal files and Authorities competent to convey adverse remarks in Confidential Reports.
(14)  Index to personal files.
(15)  Summary of personal files.

3.12  Deleted.

3.13  Service books and leave accounts - (i)   The rules relating to service books and service rolls are contained in Chapter XII of the Civil Services Rules (Punjab), Volume I, Part I. On the admission of a person into the Government service the greatest care should be taken to have the date of his birth correctly recorded in his service book, and the office who attests the entries in the book should note that he has satisfied himself, as far as possible of the correctness of this particular entry. The Establishment Assistant under the supervision of the Superintendent, is personally responsible for the maintenance of Service Books and leave accounts of the entire staff including temporary or officiating men excluding those class IV Government servants who are serving in the Sub-Divisions. The Assistant-in-charge in the office of the Sub-Divisional Officer is responsible for   the maintenance of service  books and leave accounts of class IV Government servants employed in the Sub-Division. All service books should be kept under lock and key of the Assistant concerned. The service book of the Establishment Assistant will be kept in the custody of the Superintendent. Once a month after pay is disbursed, the Assistant concerned should examine the service books and leave accounts of all officials who have returned from leave during that month and bring them up to date. For any overpayment on account of leave allowed when not due, the Establishment Assistant and the Superintendent at headquarters and the Assistant incharge in the Sub-Divisional Office will be held personally responsible, if the amount paid in excess is irrecoverable.  

(ii)  All the service books should be entered in a register which should be maintained by the Assistant concerned which should be maintained by the Assistant concerned and submitted to the Sub-Divisional Officer/Superintendent on the 10th of each month. The Sub-Divisional Officer/Superintendent will be personally responsible for ensuring proper maintenance of service books. For the period after which service books should be destroyed (see Chapter 9 of this Manual).

3.14  Alteration in the recorded date of birth.  :- The orders of Government as regards alterations in the recorded date of birth of Government servants are contained in Rule 7.3 of the Punjab Financial Rules, Volume I and can be read with benefit, as follows:-

Every person newly appointed to a service or a post under Government should at the time of appointment declare the date of his birth by the Christian era with confirmatory documentary evidence as far as possible, such as Matriculation Certificate, Municipal birth certificate and so on. If the exact date is not known an approximate date may be given. The actual date or the assumed date determined under Note I below should be recorded in the History of Service. Service Book, or any other record that may be kept in respect of the Government servant’s service under Government and once recorded, it cannot be altered except in the case of a clerical error, without the previous orders of Government.

Note 1- (a)  If a Government servant is unable to state his exact date of birth but can state the year ,or year and month of birth, 1st   July or the 16th of the month respectively, may be treated as the date of his birth.

(b)  If a Government servant is only able to state his approximate age, his date of birth may be assumed to be the corresponding date after deducting the No. of years representing his age from his date of appointment.

(c)  When a government servant who first entered military employ, is subsequently employed in a Civil Department the date of birth for civil employment should be the date stated by  him at the time of attestation or if at the time of attestation he stated only his age, the date of birth should be deducted with reference to that age according to the method indicated in sub-para (b) above.

(d)  In case some change in the date of birth of an employee is proposed to be made on the basis of some evidence before the  competent authority, a reasonable opportunity should be afforded to that employee to explain his position before the change is effected. A notice on the basis of principles of natural justice is required when it is proposed to deprive a Government servant of some vested rights. [Letter No. 8180-Services-2-4 (1)-68-31114, dated 9th October, 1968 of Chief Secretary to Government Punjab].  

3.15.  Channel of submission of applications for revision.:-Applications for the revision of all district and divisional establishments should be submitted to Government through the Financial Commissioner.  

3.16  Transfer of Government officials to foreign service.:- The rules regarding the transfer of Government officials to foreign service will be found in Chapter X of the Civil Services Rules (Punjab), Volume I.

3.17  Leave extending date of retirement not to be granted:-  As all leave due lapses on the date of compulsory retirement it follows that leave to a ministerial servant cannot be granted if it will extend beyond the date on which he may be required to retire  [other than leave covered by rule 8.21 (a) of the Civil Service Rules (Punjab), Volume I, Part I]. In view of this if a ministerial servant desires to take long leave due to him and to run no risk of his leave lapsing he should take it before the age of 58 and not after.

3.18  (I) No leave, therefore, should be granted to any ministerial servant that will extend beyond the date of his attaining the age of 58, without the sanction of Government, unless permission has been granted by competent authority  for him to remain in service for a further year or shorter period, in which case leave should not be granted that will extend beyond that period.

(2)  Whenever it is proposed to permit ministerial servant to remain in service for a further period the recommending authority should report what leave the ministerial servant proposes to take during the  period. Recommendations for permitting a ministerial servant to remain  in service for a further period must not be made with a view to granting him leave, but should it be necessary for the ministerial servant to take leave during such period not more than 6 months should be granted, at the end of which he will be required to retire,  unless special permission is granted for his retention in service.  

3.19  Competence to refuse leave :-  A head of department is not competent to refuse leave when, as  a result, a Government servant will be entitled to apply under rule 8.21 of the Civil Services Rules (Punjab), Volume I, Part I for leave after the date of compulsory retirement.

3.20  Date of retirement:-  The date of retirement of Government employee other  than a Class IV Employee is the date on which he attains the age of 58 years. Normally he must not be retained in service after attaining the age of superannuation, but in exceptional circumstances he can be allowed to continue in service with the sanction of the competent authority in public interest which must be recorded writing. For premature retirement, the Punjab Civil Services (Premature Retirement Rules, 1975), may consulted (See Annexure ‘D’)

The date of retirement of a government employee is the last date of the month in which he attains the age of 58 years or 1st of the month if he happens to have been born on the first of that month.

3.21  Test of efficiency for retention in service - In order to test the efficiency of a government servant for retention in service beyond 55 years, the Government has considered to screen his record of service so as to reach the conclusion as to whether he should be allowed to continue up to 58 years or be retired on attaining the age of 55 years. The following instructions have been issued by the Government for meticulous compliance in respect of an official attaining the age of 55 years:--

(i)  Six months before a Government employee attains the age of 55 years, his record should be carefully examined by the appointing authority, and a provisional judgment formed as to whether he should be retired on attaining the age of 55 years. This decision should be made well in advance so the in the  event of retirement being finally decided upon, a notice could be given to the Government employee concerned, at least 3 months before the date on which he is to attain the age of 55 years and his retirement, given effect to at that age.

(ii)  When the appointing authority has reasonable cause to believe that a Government employee is lacking in integrity, it would be appropriate to consider him for premature retirement, irrespective of an assessment of ability or efficiency in work.

(iii)  In a case in which a Government employee’s integrity is in doubt but his physical or mental condition is such as to make him inefficient for further service, it would be appropriate to consider him for premature retirement.

(iv)  A Government employee who has been assessed as “average” should not be retired at the age of 55 years. The test whether a Government employee should be allowed to continue up to the age of 58 years should not, for obvious reasons, be as rigorous as the one applied in consideration when extension in service is allowed beyond the age of superannuation otherwise the power to grant extension would have been sufficient and there would have been no need to raise the age of retirement itself. In considering whether an officer/official falls below the average standard, the question may sometime arise as to whether he should be judged with the reference to the requirement of his substantive grade or those of the grade in which he has been officiating. It is not unusual, for instance, for a Government employee who has earned good reports in his substantive grade, to prove inadequate in his officiating grade. Ordinarily his fitness to continue in service up to the age of 58 years may be judged in relation to his substantive grade, and if he is good enough for that grade, but not for the higher grade in which he has been officiating, he may be reverted to his substantive grade but retained in service.  There may be difficulties when a Government employee has been officiating in a higher grade for a long time and it appears unlikely that he would put his heart into his work after reversion.  This, however, is a question on which no hard and fast rules can be laid down and each case will have to be considered on its own merits.

(v)  Once it is decided to retain Government employee beyond the age of 55 years he should be allowed to continue up to the age of 58 without any fresh review unless this is justified by any exceptional reasons, such as his subsequent work or conduct or the state of his physical health, which may make earlier retirement clearly desirable.  It is felt that in order that a Government employee who is cleared for continuance at a stage of attaining the age of 55 years may settle down to another three years of work with a sense of security and those working under him accept his control and discipline without any reservation on annual review between the age of 55 years and 58 years would not be desirable. (Letter No. 4776-3GS(1)-64/15823, dated19th/21st May, 1964, from the Chief Secretary to Government, Punjab)

3.22  Deleted

3.23.  Options of heads of department - In accordance with the instructions of the Government the A.D. in consultation with Services Department in case of Class I employee; the Administrative Department only in case of class II employee and the appointing authority in case of class III and IV employees are competent to sanction re-employment to an official after his attaining the age of superannuation. The Commissioners, D.C.s, Director of Land Records, etc., should submit for the orders the Government, the cases of the employees covered in the above-said delegation to whom they want to give an extension in service beyond the age of 58 years. Before doing so they should ensure the following conditions laid down in para III of letters No. 727-SII-(4)-67/4841, dated the 17th February, 1967 of the Chief Secretary to Government, Punjab:--

(i)  No employee shall be offered re-employment beyond the date of his superannuation except when it is clearly on overriding grounds of public interest and where it is evident that other employees in service are not ripe enough to take up the appointment.  However exceptional the caliber of the retiring employee may be and however meritorious his services, these by themselves shall not constitute sufficient grounds for offering him Re-employment. Re-employment shall not , therefore, be considered a reward for outstanding merit.

(ii)  When the post on which the retiring employee is proposed to be re-employed is one to which recruitment is to be made through the Punjab Public Service Commission, a non-availability certificate to the effect that persons with suitable qualification and experience are not available in the open market or that it has not been possible for the Commission to arrange a substitute with the requisite qualification and/or experience, should be obtained from Commission. With a view to ensuring that bonafide efforts are made to find  a suitable substitute for the person due to retire, the Commission shall be approached at least four months before the vacancy is scheduled to occur.

(iii)  If the post on which the retiring employee is proposed to be re-employed is one of the recruitment to which is beyond the purview of the Commission the authority competent to make such  recruitment shall record a non-availability certificate to the same effect  as mentioned under (ii) above indicating clearly the efforts made, to secure the service of a substitute.

(iv)  The age of the employee proposed to be reemployed must be below 60 years except in the case of Patwaris who may be re-employed up to the age of 70 years. Doctors may also be re-employed up to the age of 65 years.

(v)  The employee proposed to be re-employed shall have a satisfactory record of service. In particular he should have had a good reputation for integrity and honesty. For this purpose, his character roll and personal file shall be carefully scrutinized and all other relevant information that may be available shall be taken into account.

(vi)  The employee proposed to be re-employed shall be physically and mentally fit. For this purpose he shall furnish a medical certificate from a Civil Surgeon.

(vii)  The proposed re-employed shall not adversely affect the interests of other competent employees of comparable seniority in the department concerned.

(viii)  No particular employee shall be singled out for preferential treatment in the matter of re-employment when the  Department is facing a shortage of experienced hands and there is no alternative  but to resort to re-employment. Everyone who attains  the age of superannuation, except those who are physically or mentally unfit or possess a bad service record, shall be considered for re-employment. A policy of ‘pick and choose’ shall be avoided.

3.24  Compulsory retirement after 25 years’ service - (i) The powers to retire a Government servant compulsorily after 25 years of service are intended to be used against the official whose efficiency is impaired but against whom it is not desirable to make formal  charges of inefficiency or who has ceased to be fully efficient (i.e. when a Government servant’s value is clearly incommensurate with the pay he draws) but not to such a degree as to warrant his retirement on a compassionate allowance. It is not the intention to use these powers as a financial weapon, that is to say, the powers should be used only in the case of Government servants who are considered unfit for retention on personal as opposed to financial grounds.

(ii)  The above said powers are also proposed to be used in cases where reputation of corruption is clearly established even though no specific instance is likely to be proved under the Punjab Civil Services (Punishment and Appeal) Rules, Appendix 24 of Volume 1,Part 11,or the Public Service (Inquiries) Act, XXXV11 of 1850 [Letter No .8562-G-SS/16922,dated 29 the June,1955 of the Chief Secretary to Government, Punjab].

3.25  Indebtedness and insolvency - It is incumbent on the Government employee against whom any legal proceeding is instituted about the recovery of any debt due from him or for judging him as an insolvent, to forthwith report the facts of the legal proceedings to the Government .  The burden of proving that indebtedness, or insolvency was the result of circumstances with which the exercise of ordinary diligence the Government employee could not have foreseen, or over which he had no control, and had not proceeded from extravagant or dissipated habits rests on the Government employee.

3.26  Unauthorised Absence - Absence without leave is an infringement of discipline, and unless a satisfactory explanation is submitted, severe notice will be taken of such absence.  Leave must be applied for and sanctioned before it is taken.

3.27  Conviction of Government Officials - Whenever, a Government official is judicially convicted or acquitted of any offence, a copy of decision should be sent to the head of the department in which he is employed in order that such action in the case, as may be deemed proper, may be taken at once.

3.28  Re-employment of dismissed officials - (1) Removal from office for such a cause as unfitness for the duties of the office need not usually entail any further consequence.  It ought not to bar re-appointment to another office for the duties of which the person may be suited, and it should be accompanied by any subsidiary orders which would operate as such a bar or otherwise prejudice the person in question. Removal should be penalty in all cases where it is not thought necessary to bar future re-employment under Government.

(2)  In cases of dismissal, the effect of the order should be preclude the dismissed officer from being re-employed.  Ordinary cases of the dismissal of non-gazetted officers need not be notified in the Government Gazzette.  As a precaution against the inadvartentre-employment of men who may have been dismissed, it would be sufficient that officers should whether an applicant for a post has been in Government service before, and refer to his previous employer if the circumstances connected with his discharge are not clear.  The applicant should be required to produce a copy of his character certificate or other record of service, and a person who succeeds in obtaining employment by the concealment of his antecedents would obviously merit dismissal on the true facts being discovered.  The sanction of the Government should always be obtained to the re-employment of persons dismissed.

(3)  The dismissal of public servant should be notified in the Gazette only in the following cases ,viz.(i)when it is necessary to notify the public of the removal from service of an officer, whether because his appointment was previously gazetted or from any other cause , and(ii) when it is specially desired to exclude from re-employment in service of the Government, a public servant who has been dismissed for a heinous offence, such as fraud or falsification of accounts.

(4)  The reasons for the dismissal of a public officer should not be stated in the notification regarding his dismissal even in cases in which a conviction has been obtained in a criminal court . It will be sufficient to announce that the Government has dispensed with his services , except in those cases in which the cause of dismissal constitutes a disqualification under terms of law regulating the tenure of a particular appointment, and it for this reason necessary to couple with the announcement of the dismissal a statement of the grounds upon which it has been ordered.

3.29  Collection of Subscriptions - Under rule 12 of the Government Servants Conduct Rules, 1966, the Punjab Government has reaffirmed its objection to the association of its officers with the raising of funds or receiving of subscriptions. The Commissioners of Divisions are accordingly required to see that officers subordinate to them avoid any action in connection with advocacy of subscriptions or collection of money except in cases of collection for the District Relief Fund. Rule 12 reads as under:--

“No Government employee shall, except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to or  otherwise associates himself with the raising of any  funds or other collection in cash or in kind in pursuance of any object whatsoever”.

3.30.  Procedure to be followed when any Government servant is summoned by a court to produce official documents for the purpose of giving evidence – The law relating to the production of unpublished official records as evidence in courts is contained in sections 123, 124 and 162 of the Indian Evidence Act, 1872, which are reproduced below:-

123.  No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except with the permission of the officer at the head of the Department concerned, who shall give or with hold such permission as he thinks fit.

124.  No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the public interests would suffer by the by the disclosure.

162.  A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court not with standing any objection which their may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court.

(1)  The Court, if it sees fit, may inspect the document unless it  refers to matters of State, or take over other evidence to enable it  to determine on its admissibility.

If for such a purpose it is necessary to cause any document to be  translated, the Court may ,if it thinks fit ,direct the  translator to keep the contents secret, unless the document is to be given in evidence; and if the interpreter disobeys such direction, he shall be held to have committed an offence under section 166 of the Indian Penal Code.

(2)  For the purposes of section 123 above, the expression “officer of the Head of the Department concerned” may be held to mean the officer who is in control of the department and in whose charge records of the department remain. Only such an officer should be treated as the authority to withhold or give the necessary permission for the production of official documents in evidence.

(3)  In respect of documents (1) emanating from a higher authority, i.e., the Government of India , or the State Government or which have formed the subject of correspondence with such higher authority, or(2) emanating from other Government whether foreign or members of the Commonwealth, the Head of the Department should obtain the  consent of the Government of India or the State Government, as the case may be, through the usual official channels before giving permission to produce the documents in court or giving evidence based on them unless the papers are intended for publication or are of a purely formal or routine nature, when a reference to higher authority may be dispensed with.

(4)  In the case of documents other than those specified in paragraph (2) above, production of documents should be withheld only when the public interest would by their disclosure, be injured, or where disclosure would be injurious to national defence or to good diplomatic relations or  where the  practice of keeping a class of documents secret is necessary for the  proper  functioning of the public service. Some High Courts have pointed out the circumstances under which no such privilege should be claimed e.g., privilege is not to be claimed on the mere ground that the documents are State documents or are official or are marked confidential or if produced, would result in parliamentary discussion or public criticism or would expose want of efficiency in the administration or tend to lay a particular department of Government open to a claim for compensation . The mere fact that the head of department does not wish the documents to be produced is not an adequate justification for objecting to their production.  The High Courts have also observed that refusal to produced documents relating to  affairs of State implies that their production will be  prejudicial to public interest. Consequently the reasons therefore  should be given in an affidavit.

(5)  In a case of doubt the head of the department  should invariably  refer to higher authority  for orders.

(6)  These instructions apply equally to cases  in which Government is a party to the   suit. In such cases, much will depend on the  legal  advice as to the value of the documents, but before  they are produced in court, the considerations stated above  must be borne in mind, and reference to  higher authority made, when necessary.

(7)  The Government servant who is to attend a court as a witness with official documents should, where permission under section 123 has been withheld, be given an affidavit in form No .1, duly signed by the Head of the Department in the accompanying form.  He should produce it when he is called upon to give his evidence, and should explain that he is not at liberty to produce the documents before the court or to give any evidence derived from them.  He should, however, take with him the papers which he has been  summoned to produce.

(8)  The Government servant who is summoned to produce official documents in respect of which privilege under section 124 has to be claimed will make an affidavit in the accompanying form No. II when he is not attending the court  himself to give evidence, he shall have it sent to Court along with the documents.  The person through whom the documents are sent to Court should submit the affidavit to the Court, when called upon to produce the documents.  He should take with him the documents which he has been called upon to produce but should not hand them over to the Court unless the Court directs him to do so.  They should not be shown to the opposite party.

(9)  The Head of the Department should abstain form entering into correspondence with the presiding officer of the court concerned in regard to the grounds on which the documents have been called for.  He should obey the Court’s orders and should appear personally or arrange for the appearance of another officer in the Court concerned, with the documents and act as indicated in paragraph (7) above, and produce the necessary affidavit, if he claims privilege.

FORM  I

IN THE COURT OF

Suit No___________________of 19 I,____________, hereby solemnly affirm and state as follows:-

A summons bearing No_______________, dated____________________, issued by the Court of _____________, dated__________________, in suit No. __________________of 19____(________________ vs ____________), has been received in the Department of _________on _______ 19 ___________ requiring production in the said court on _____________ 19 ______ of  documents stated  below. I, as head of the Department of ______________________ am in the control of, and incharge of , its records. I have carefully considered the relevant documents and have come to the conclusion that they are unpublished official records relating to affairs of State and their disclosure will be prejudicial to public interest for the following reasons:--

LIST OF DOCUMENTS SUMMONED

I do not, therefore, give permission to anyone under section 123 of the Indian Evidence Act ,1872, to produce the said documents or to give any evidence derived there from.

Solemnly at ____________this_________day of_________________19­­­­­­­­_______

Name and designation of the Officer at the Head of the  Department . SWORN BEFORE ME.

FORM OF AFFIDAVIT NO .  11

IN THE COURT OF

 

SUIT / NO._______________of__________19_______.

I,  *________________________________do hereby solemnly affirm and state as follows;__

       A summons bearing No._____________dated___________issued by the Court  of__________________in Suit No._______________of 19__________(___________________Vs_________ has been served on me on _________19__________, requiring production in the said Court on_________19______, of the documents stated below.  I have carefully considered them and come to the conclusion that they contain communications made in official confidence and  I consider that the public interest would suffer by their disclosure for the following reasons ;---

LIST OFDOCUMENTS SUMMONED

I , therefore, claim privilege  under section 124 of the Indian Evidence Act, 1872.

Solemnly affirmed at ____________day of__________19____________

( Here write the name and designation

of the officer making the affidavit.)

Sworn before  me

3.31  Investing of complaints of corrupt conduct of officials - The Government have from time to time been  taking effective steps to root out corruption from the services in order to make the  administration clean and healthy. For this purpose a full-fledged Vigilance Department has been set up in the  State which is looking into the complaints of corruption received against various Government  officials, making enquiries and suggesting action in case of the officials having been found guilty. Instructions laying down the policy and procedure relating to the vigilance enquiries  and vigilance cases have been issued by the Government . (See Annexure  E).

3.31-A: Redress of public grievances.: In order to look in to the complaints  and to  redress the public grievances the Government have introduced  a machinery which attends to this subject. The underlying idea to introduce such a machinery is to ensure that the grievances of the public at the district level are attended to promptly and effort made to redress them, there and then, as far as possible.  A District Officer , Removal of Grievances of the status of an Under Secretary  has been put on this job who is to work under the direct control of the  Deputy Commissioner. Whatever, it is considered necessary the officer at the Secretariat level (Chief Secretary/ Administrative Secretaries) are also brought in to the picture and are apprised of the state of  affairs in the district in this behalf so as to obtain  guidelines in the matter of resolving the complicated issues. Whenever action against a Government official is proposed to be taken at the higher level as a result of an enquiry the concerned authorities are approached in the matter. The Government has issued detailed instructions indicating the functions of the Grievances Department, duties of the District Officer, Removal of Grievances and the appointment of Grievances Committees at the district level to redress the grievances of the public at large. (See Annexure F).

3.32 Employment of Peons.:  Peons who are Government  servants and wear the Government livery, are not to be employed on personal service of a menial character by  the officers to whom they are attached.

3.33 Acquisition of land by Government servants: A Government employee shall report to the Government all cases of acquisition by purchase or gift of land and where necessary would obtain the prior permission of the Government for such acquisition.

3.34 Compassionate Fund.:  In the event of the death of a Government employee while the service, an ex-gratia grant between Rs.10,000 to Rs.30,000 is given to the widow/dependants of the deceased Government employee. A family pension is also given in such cases. This has been done to supplement the existing provision relating to pension and gratuities. [Punjab Government F.D.Letter No.18/5/79-FR(6)/7266, dated 30^th November, 1979].

3.35 }

Deleted.             

3.36 }

3.37. Government official convicted on a criminal charge.:  Whenever the conduct of a Government official is made the subject of judicial enquiry a copy of the decision should be sent to the Head of the Department in which he is employed in order that such action in the case as may be deemed proper may be taken at once. Even should the judicial enquiry have resulted in his acquittal in a criminal suit, or success in a civil suit, the records may furnish proof of official misconduct or negligence or improper dehaviour which, while not sufficient to justify a conviction or civil decree, may be serious enough to call for departmental punishment or dismissal from the service of Government.

All proposal regarding the promotion of or the conferment of honours upon officers of Government should be held in abeyance, in cases where enquires or proceedings whether executive or judicial, as regards the conduct of such officers are under contemplation or have been instated until such enquiries or proceedings have been completed.

The Government have laid down guidelines as to how to proceed in the case of employees convicted on the criminal charge by the court of law. Detailed instructions in this behalf are contained in the Punjab Government Letter No.86-GOI-2GS-76, dated 23^rd December, 1976 issued by the Chief Secretary to Government, Punjab.

(See Annexure G).

3.38. Officials to pay for supplies : All District/Sub-Divisional/Tehsil level officers and servants of Government are strictly prohibited from taking advantage of their official position for private objects, and must purchase article for their private consumption or use in the same way as non officials. They are also prohibited from executing in their official capacity commissions of a private nature for other persons in the Sadr Station or elsewhere.

3.39.    Attitude to be adopted by a government servant in a proposal of Government relating to a local body :  When a proposal of Government relating to a local body or other authority whom a public servant  represents in under discussion by the local body or other authority, the Government servant is not precluded from an expression of his views regarding the manner in which the proposal of Government will affect the interests of the local body or authority; but his observations should be confined to this aspect of the question and to suggestions for alternative proposals, where it is proposed to move Government to reconsider its orders and they should not include general criticisms of the policy of Government, subject to the observance of this general principle, the criticisms should be directly relevant to the interests of the body or authority whom the public servant represents, and they should be moderately worded. Where the decisions of Government are such that no question of reconsideration can arise, the Government servant should refrain from criticism of them, and any part he may take in the discussion should be confined to an expiation of the extent to which they affect the interests of the local body or other authority.

3.40  Deleted.

3.41Time of public servant not to be given to management of his private property - It is incumbent on Government to take care that no officer who may be in possession of landed property in the State of Punjab or elsewhere, to whatever branch of the service he may belong, shall apply any portion of time and attention which ought to be devoted to his public duties, to the management of that property and that no longer or more frequent leaves of absence are not permitted on that account.

3.42     Promotion and management of Companies : According to rule 15 of the Government Employees Conduct Rules, 1966, no Government employee shall except the previous sanction of Government engage directly or indirectly in any trade or business or negotiate for or undertake any employment.

3.43Extract from notice of officers to be sent with reports on gazetted officers who have reached the age of 55 - All recommendations submitted to Government for the retirement of Extra Assistant Commissioners or for retention of their services after the age of 55 should be accompanied by extracts regarding the work of the official in question taken from the notices of officers for the three preceding years recorded in connection with the Revenue, Civil and Criminal Justice Reports of the district. In submitting recommendations for the retention of officers, it should be specially noted whether they are decidedly fit to discharge their duties, physically and mentally, and special regard should be had to the character of each officer for integrity and honesty.

3.44Strict integrity necessary for promotion - No promotion should be given and no recommendation for promotion made in the case of public servant who does not possess and maintain a reputation for strict integrity.  Efficiency   without honesty should not be regarded as constituting claim to promotion.

3.45Communications from Government officers regarding their leave, pay, etc. Government officers are not entitled to send communications regarding their leave, pay, transfer leave, allowances, funds subscription and analogous matters at the expense of the State, as such communication are private and not official.

ANNEXURE ‘A’
PUNJAB   GOVERNMENT
REVENUE DEPARTMENT
Notification
The 24th June, 1976

No.G.S.R.77/Const./Art.309/76.-In exercise of the power conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of  Punjab is pleased to make the following rules for regulating the recruitment to, and conditions of service of persons appointed to the Punjab Commissioners’ Offices (State Service Class II), namely :-

PART I
GENERAL

1  (i) Short title and commencement:- These rules may be called the Punjab Commissioner’  Offices (State Service Class II) Rules, 1976.

(ii) They shall come into force on the date of their publication in the official  Gazette.

2  Definitions :- In these rules, unless the context otherwise requires,-

(a)“Commissioner” means the Commissioner of a Division;

(b)“Government” means the Punjab Government in the Administrative Department;

(c)“Service” means the Punjab Commissioners’ Offices (State Service Class II).

PART II
RECRUITMENT TO POSTS

3  Number and Character of Posts.:-  The Service shall  comprise the posts shown in Appendix ‘A’ to these rules:

Provided that nothing in these rules shall affect the inherent rights of Government to make additions to or reductions in the cadre of the service or create new posts with different designations and scales of pay whether permanently or temporarily.

4  Appointing Authority: Appointment to the Service shall be made by the Financial Commissioner, Revenue.

5  Nationality, domicile and character of candidates (1) No person shall be appointed to the Service unless he is-

(a)a citizen of India; or

(b)a subject of Nepal; or

(c)a subject of Bhutan; or

(d)a Tibetan refugee who came over to India before the 1^st January, 1962, with the intention of permanently settling in India; or

(e)a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and the United Republic of Tanzania(Formerly Tanganika and Zanzibar) with the intention of permanently settling in India:

Provided that a candidate belonging to categories (b), (c),(d) and (e) shall be a person in whose favour a certificate  of eligibility has been given by the Government of India and if he belongs to category (e) the certificate of eligibility will be issued for a period of one year, after which such 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 bythe Commissioner concerned or any other recruiting authority on his furnishing proof that he has applied for the certificateand he may also provisionally be appointed subject to the necessary certificate beinggiven to him by the Government of India.

6.  Disqualification - No person : -

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

(b) who, having  a spouse living, has entered in to 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 person and the other party to the marriage and there are other grounds for so doing ,exempt any person form the  operation of this rule.

7. “Method of appointment – (1) Appointment to the post of Superintendent shall be  made in slabs of five vacancies each as follows:-

(i)The first, third and fifth vacancy shall be filled in by promotion from amongst the Superintendents Grade II of the Deputy Commissioners’ Offices having an experience of working as such for a minimum period of three years; and

(ii)the second and fourth vacancy shall be filled in by promotion from amongst the Superintendents Grade III of the Punjab Commissioners’ Offices ( State Service Class III ) having an experience of working as such for a minimum period of three years:

Provided that if no suitable candidate is available on the category in whose share the vacancy falls, a suitable candidate from the other category shall be appointed and the vacancy in the former category shall be carried forward:

Provided  further that if no suitable candidate from the former category is available for promotion to the vacancy which has been carried forwarded under the preceding proviso, then appointment of a suitable candidate shall be made from the other category and there shall be no further carrying forward of that vacancy.

(2)  All appointments to the service shall be made on the basis of seniority-cum-merit and no person shall have any right for promotion merely on the basis of seniority.”

 8.  Deleted.

PART III
CONDITIONS OF SERVICE

9.  Probation of members of Service - (1) Members of the Service shall remain on probation for a period of one year:

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 fixed under this rule;

(b)in this case of an appointment by transfer, any period of work in equivalent or higher rank, prior to the appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and

(c)any period of officiating appointment to the Service shall be reckoned, as period spent on probation, but no person who has no officiated, shall, on the completion of the 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 during the period of probation is not satisfactory, it may—

(i)  revert him to his former post, or

(ii)  deal with him in such other manner as the terms and conditions of the 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 period satisfactorily, if there is no permanent vacancy, or

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

(i)revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment permit; or

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

10 Seniority - The inter se seniority of members shall be  determine by the length of continuous service to a post in the Service:          

Provided that in case of two or more members appointed on the same date their seniority shall be determined as follows:--

(a)  a member appointed by promotion shall be senior to a person appointed by transfer; and

(b)in the case of members appointed by promotion or by transfer seniority shall be determined according to the seniority of such members in the appointment from which they were promoted or transferred; and

(c)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 higher rate of pay in his previous appointment and if the rates of pay drawn are also the same then by his length of service in those appointments; and if the length of such service is also the same, an older member shall be senior to a younger member.

Notes,----1.   This rule shall not apply to members appointed on purely provisional basis.

1.In the case of member whose period of probation is extended under rule 9, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.

11 Pay of members of Service - Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scale of pay at present in force in respect of specified post, is given in Appendix ‘A’ to these rules.

12 Liability of member of Service to transfer - A member of Service may be transferred by the Financial Commissioner, Revenue, from one office of the Commissioner to the other office of the Commissioner.

13 Liability to serve -(1) A member of Service shall be liable to serve at any place whether within or without the State of Punjab, on being ordered to do so by the Government.

(2) A member of the Service may also 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 Service Rules, Volume I, Part I.

14 Leave, Pension or Other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been, or may hereafter, be adopted or framed by competent authority under Article 309 of the Constitution of India or under any law for the time being in force made by State Legislature and the rules made thereunder.

15. Discipline, penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1970, as amended from time to time:

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and the appellate authority shall be specified in Appendix ‘B’:

Provided that in the case of a member of the Service who was appointed to the Service by the Government at any time before the commencement of these rules and is continuing as such immediately before such commencement, the authority which shall be competent to dismiss or remove him from service shall be Government.

(2) The authority competent to pass an order under rule 15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’

16. Oath of allegiance.:-  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.

17. Powers to relax - 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.

18. Repeal and Savings - The Punjab Commissioners Subordinate Service Rules, 1941, in so far as these are applicable to the posts covered by the present rules, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provision of these rules.

R. S. TALWAR,

Secretary to Government, Punjab,

Revenue Department.

 

 

REVENUE DEPARTMENT
Notification

The 24th June , 1976

No. G.S.R. 79/Const./Art. 309/76.-In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers, enabling him in this behalf, the Governor of Punjab is pleased to make the following rules for regulating the recruitment, and conditions of service of persons appointed to the Punjab Commissioners’ Offices (State Service Class III), namely:-

PART 1- General

1.  Short title and Commencement –(i) These rules may be called the Punjab Commissioners’ Offices (State Service Class III) Rules, 1976.

(ii)  They shall come into force on the date of their publication in the official Gazette.

2.  Definitions. –In these rules, unless the context otherwise requires,-

(a)  “cadre” means the strength of the Service or a part thereof sanctioned as a separate unit for each Division:

(b)  “Commission” means the Punjab Public Service Commission;

(c)  “Commissioner” means the Commissioner of a Division;

(d)  “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in service of Government of India or of a State Government;

(e)  “Government” means the Punjab Government in the Administrative Department;

(f)  “recognized university or institution” means-

(i)  any university or institute incorporated by law in any of State of India, or

(ii)  in the case of degrees or diplomas obtained as a result of examinations held before the 15^th August, 1947, the Punjab, Sind or Dacca University, or

(iii)  any other university or institution which is declared to be a recognized university or institution for the purpose of these rules;

(g)  “recruiting authority” means the Punjab Subordinate Services Selection Board or any other authority authorised by the Government to make recruitment of persons to the service;

(h)  “Service” means the Punjab Commissioners’ Offices (State Service Class III).

 

PART II
Recruitment to posts and qualifications

3.  Number and Character of Posts - The service shall comprise the posts shown in Appendix ‘A’, ‘B’ and ‘C’ to these rules:

Provided that nothing in these rules shall affect the inherent right of Government to make additions or reductions in the cadre of the Service or create new posts with different designations and scales of pay whether permanently or temporarily.

4.  Appointing authority.   Appointments to the posts in the Service shall be made by the Commissioner of the Division concerned.

5.  Nationality domicile and character of Candidates - No person shall be appointed to the Service unless he is

(a)  a citizen of India; or

(b)  a subject of Nepal; or

(c)  a subject of Bhutan; or

(d)  a Tibetan refugee who came over to India before the 1^st January, 1962 with the intention of permanently settling in India; or

(e)  a person of Indian origin who has migrated from Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania (formerly Tanganika and Zanzibar) with the intention of permanently settling in India;

Provided that a candidate belonging to categories (b), (c), (d), and(e) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (e) the certificate of eligibility will be issued for a period one year, after which such 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 Commissioner of a Division concerned 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 Government of India.

(3)  No person shall be appointed to the 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 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.

6.  Disqualification.  No person-

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

(b)  who, having a 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 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.

7.  Age - No person shall be appointed to the Service by direct appointment who is less than 17 years and more than 27 years of age on the date of appointment or such age as may, from time to time be fixed by Government;

Provided in the case of the candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes the upper age limit shall be such as may from time to time be fixed by the Government.

Note.---The appointing authority shall, in all cases, obtain from the candidate written declaration of his age supported by Matriculation or equivalent certificate or any other satisfactory documentary proof.

8  Qualifications - No person shall be appointed to any post in the service by direct appointment unless he has passed the examination in Punjabi language of matriculation standard and also possesses the following qualifications---

(a)  in the case of Assistants, he is a graduate of recognised University or institution;

(b)  in the case of Steno-typists, he has passed the Matriculation examination of a recognized University or institution or its equivalent and qualifies in the test in shorthand and type writing as may be prescribed by the Commissioner concerned;

(c)  in the case of clerks, he has passed the Matriculation examination of a recognised University or institution or its equivalent.

9.  Method of appointment-  Appointment to the Service shall be made-

(a)  In the case of  Assistant Superintendent (Revenue and Judicial)—

(i)  by selection from amongst the Assistant Superintendents (Revenue an Records) of the Deputy Commissioners’ Offices of the division concerned; or

(ii)  by promotion from amongst the Assistants and Personal Assistants of the cadre, or

(iii)  by transfer of a Naib-Tehsildar of the Division concerned;

(b)  in the case of Assistant Superintendent (General) and Assistant superintendent (Accounts) by promotion from amongst Assistants and Personal Assistants of the cadre;

(c)  in the case of Personal Assistant—

(i)  by promotion from amongst the clerks and steno-typists of the cadre;

(ii)  by selection from amongst the Stenographers and Assistants of the Deputy Commissioner’s offices of the division concerned;

(2)  in the case of Assistant-

(i)  seventy-five percent posts by promotion from amongst the clerks and steno-typists of the cadre;

(ii)  twenty-five percent by direct appointment;

(3)  in the case of steno-typist—

(i)  by selectionfrom amongst the clerks who qualify a test in shorthand and typewriting to be prescribed by the Commissioner concerned; or

(ii)  by direct appointment;

(4)  in the case of clerks—

(i)  by direct  appointment;

(ii)  by transfer of a person already in service of Government of India or of a State Government.

(2)  When any post in the Service falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.

Note---. Appointment to any post in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.

 PART III
Conditions of Service

10.  Probation of member of Service (i) Members of 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, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this rule;

(b)in the case of an appointment by transfer, any period of work in equivalent or higher rank prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and

(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.

(2)  If, in the opinion of the appointing authority the work or 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, and if such person is recruited otherwise,-

(i)  revert to his former post ; or

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

(2)  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; or

(b)  if his work or 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 permit; or

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

11.  Seniority of members of  Services - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointments to that cadre of the Service:

Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission or the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result the subsequent selection :

Provided further that in the case of two or more 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 person appointed by transfer; and

(c)  in the case of members appointed by the promotion or transfer seniority shall be determined according to the seniority of such members in the cadre 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 in a higher rate of pay in his previous appointment; and if the rates of pay drawn are also the same, then by their length of Service in those appointments, and if the length of such Service is also the same, an older member shall be senior to a younger member.

Note—1 This rule shall not apply to members appointed on purely provisional basis pending their passing the qualifying test.

Note—2 In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.

12.  Pay of members of Service - Members of the Service   shall  be entitled to  such scales of pay including special pay, if any , as may be authorized by Government from time to time. The scales of pay at present in force, in respect of specified posts are   given in Appendices ‘A’, ‘B’ and  ‘C’ to these rules.

13.  Liability for vaccination and revaccination - Every member of the Service shall  get himself vaccinated or re-vaccinated when Government so directs by a special or general order.

14.  Liability of members of Service to transfer - A member of the  Service may be transferred by the Financial Commissioner, Revenue to an equivalent post in the other cadre on the same terms and conditions as are applicable to him in the original cadre.

15.  Liability to Serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered so to go by the Government.

16.  Leave, pension or other matters - In respect of leave, pension and all other matters not expressly provided for in these  rules, the members of the  Service shall be governed by such rules and regulations as may have been, or may hereafter be  adopted or framed by the competent authority under Article 309 of the Constitution of India or any  law for the time being in force and rules made thereunder .

17.  Discipline, penalties and appeals - In matters relating to discipline, punishment and appeals, members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:

Provided that the nature of penalties which may be imposed , the authority  empowered to impose such penalties and the appellate authority shall  be as specified in Appendix ‘D’ to these rules.

(2)  The authority competent to pass an order under rule 15  of the said rules and the appellate authority shall  also be as specified in Appendix ‘E’ to these rules.

18.  Oath of allegiance - 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.

19.  Power to relax - Where the Government is of 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 or  persons.

20.  Repeal and savings. - The Punjab Commissioner’s Subordinate Service Rules, 1941, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall  be deemed to have been made or taken under the corresponding provisions of these rules.

R.S.TALWAR,

Secretary to Government, Punjab,

Revenue Department.      

 

PUNJAB GOVERNMENT
REVENUE DEPARTMENT

Notification
The 24th June, 1976

 

No. G. S. R. 78/Const./Art.309/76 --- In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules regulating the recruitment and conditions of Service of persons appointed to the Punjab District Service (Class 111), namely:-

Part 1
General

1.  Short title and commencement.  (i)  These rules may be  called the Punjab District Service (Class III) Rules,1976.

(ii)  They shall come into force on the date of their publication in the official Gazette.

2  Definitions.   In these rules, unless the context otherwise requires:-

(a)  “Cadre” means the strength of the Service or a part thereof as a separate unit;

(b)  “Commissioner” means the Commissioner of a Division;

(c)  “direct appointment” means an appointment made otherwise than by promotion, or by transfer of an official already in the Service of Government of India orof a State Government;

(d)  “Government” means the Punjab Government in the Administrative Department;

(e)  “recognised University or institution” means---

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

(ii)  in the case if degrees  or diplomas obtained  as a result of examinations held before 15^th August,  1947 of the  Punjab, Sind, or Dacca University; or

(iii)  any other university or institution ,which is declared to be a recognised university or institution for the purposes of these rules ;

(f)  “recruiting authority” means the Punjab Subordinate Services Selection Board constituted by the Government or any other authority authorised by the Government to perform the functions of the said Board;

(g)  “Service” means the Punjab District Service (Class 111).

PART 11
Recruitment to posts and qualifications.

3.  Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules;

Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reductions in the cadre of the Service or create new  posts   with different designations and scales of pay whether permanently or temporarily.

4.  Appointing  authority - Appointments to posts in Service shall  be made------

(a)  in the case of Superintendent and Assistant Superintendent by the Commissioner of the Division concerned; and

(b)  in the case of  other posts in the Service, by the Deputy Commissioner  concerned.

5.  Nationality, domicile and character of candidates - 5. No person shall be appointed to the Service unless he is:-

1. a  citizen of  India; or
2. a subject of  Nepal; or
3. a subject  of   Bhutan; or
4. a Tibetan refugee who came over to  India before the  1^st  January ,1962, with the  intention of permanently settling  in India; or
5. a person of Indian origin who  has migrated from  Pakistan, Burma, Ceylon and East African countries of Kenya, Uganda and United Republic of Tanzania  ( formerly Tanganika and Zanzibar) with the  intention of permanently settling in India;

Provided that a candidate belonging to categories (b) ,(c),(d) and (e) shall be a  person in whose favour a certificate of eligibility has been given by the Government of India and if he belongs to category (e)  the certificate of eligibility will be issued for a period or 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  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 Government of India.

3.  No person shall be appointed to the Service by direct appointment 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 certificates from two responsible persons, not being his relatives, who are well acquainted with him in private life and are unconnected with his university, college, school, or institution.   

6.  Disqualification  - No person_____

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

(d)  who, having a 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 person and the  other party to the marriage and there are other grounds for so doing; exempt any person from the operation of the rule.

7.  Age - .No person shall be appointed to the Service by direct appointment who is less than 17 years or more than twenty –seven years of age on the date of appointment  or such age as may be ,from time to time ,be fixed by Government

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

Note;--The appointing authority shall in all cases, obtain from the candidate  written declaration of his age  supported by Matriculation or equivalent certificate or any other  satisfactory  documentary proof.

8.  Qualifications - No person shall be appointed to Service by direct appointment unless has passed the examination in Punjabi Language of Matriculation Standard and also possesses the following qualifications;-

In the case of Assistants_____

(a)  a graduate of a recognised university or institution or its equivalent.

(b)Inthe case of Steno-typist---

Must have passed the Matriculation Examination of a recognised university or institution or its equivalent and qualifies a test in short-hand and typewriting a such speed as may be prescribed by the Deputy Commissioner concerned;

(c)  In  the case of  Clerk____

Must have passed the Matriculation Examination of a recognised university or institution or its equivalent.

9.  Method of appointment - Appointments to the posts in the Service shall be made in the manner indicated below :--

(a)  In the case of Superintendent -

By promotion from amongst the Assistant Superintendents of the district of the concerned Division;

(b)  In the case of Assistant Superintendent ( Revenue and Record ) –

(i)  by promotion from  amongst the Assistants of the cadre with at least  two years experience as an Assistant in the Revenue side, or Stenographers of the cadre, who  have worked as Assistant for a period of two  years on some existing vacancy  or sharing the work of an Assistant on  the Revenue side; or

(ii)  by promotion from  amongst the District Kanungos of the Division concerned.

(c)  In the case of Assistant Superintendent (General): -

By promotion from amongst Assistants of the cadre with at least two years experience as an Assistant, or Stenographer of the cadre who have worked as Assistant for a period of   two years on some existing vacancy or by sharing the work of an Assistant.

(d)  In the case of Stenographer:-

By selection from amongst clerks and steno-typists of the respective cadres of the district concerned who qualifies in a test in shorthand and typewriting at a speed which may be prescribed by  the  concerned Deputy Commissioner.

(e)   In the case of Assistant including the post of District Revenue Accountant (Sadar Wasil Baqi Nawis)__

(i)  75 per cent of the posts by promotion from amongst  clerks and steno-typists of the respective cadres of the district concerned; or

(ii)  25 per cent of the posts by direct recruitment.

(f)  In the case of District Revenue Accountant (Sadar Wasil Baqi Nawis):---

(i)  75 per cent of the posts by promotion from amongst the Assistant District Revenue Accountants or Tehsil Revenue Accountants or Kanungos or Clerks of the respective cadres of the district concerned.

(ii)  25 per cent of the posts by direct recruitment.

(g)  In the case of Steno-typist—

(i)  by selection from amongst the clerks of the cadre who qualifies the test in short hand and type-writing at a speed which may be prescribed by the concerned Deputy Commissioner.

(h)  In the case of clerk—

(i)  by transfer of a Patwari in the District; or

(ii)  by direct appointment; or

(iii)  by transfer or deputation of a person in the Service of a State Government or the Government of India:

Provided that the posts of clerks with the following designations shall be filled by appointment from Patwaris—

(i)  Assistant District Revenue Accountant;

(ii)  Tehsil Revenue Accountant;

(iii)  Inspection Moharrir in District Kanungos’ Office;

(iv)  Judicial Moharrirs in District Kanungos’ Office;

(v)  Ahlmad to the Revenue Assistant and sub Divisional Officer;

(vi)  Jagir Moharrir.

(2)  When any post falls vacant or is about to fall vacant, the appointing authority shall decide in what manner the vacancy is to be filled.

Note----All appointments to the posts in the Service by promotion shall be made on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.

10. Probation of members of Service. (i) Members of the Service shall remain on probation for a period of two years if appointed by direct appointment 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 fixed under this rule;

1. in the case of an appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the Service may, in the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and
2. 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.

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

(a)  if such person is appointed by direct appointment, dispense with his Service, and if such person is appointed otherwise—

(i)  revert to his former post; or

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

(3)  On 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; or

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

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

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

11.  Seniority of members of Service - The seniority inter se of members of Service in each cadre shall be determined by their continuous appointment to that cadre of the Service:

Provided that in the case of members recruited by direct appointment, the order of merit determined by the Commission of the recruiting authority shall not be disturbed in fixing the seniority and persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection:

Provided further that in the case two or more 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 person appointed by transfer; and

(c)  in the case of members appointed by promotion or transfer, seniority shall be determined according to the seniority of such members in the cadre 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 by their length of Service in those appointments; and if the length of such Service is also the same, an older member shall be senior to a younger member.

Note 1.—This rule shall not apply to members appointed on purely provisional basis.

Note 2—In the case of members whose period of probation is extended under rule 10, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.

12.  Pay of members of the Service..  Members of the Service shall be entitled to such scales of pay including special pay, if any, as may be authorized by Government from time to time. The scales of pay at present in force in respect of specified posts are given in Appendix ‘A’ to these rules.

13.  Liability of members of Service to transfer - A member of a cadre may be transferred by the Financial Commissioner, Revenue to an equivalent post in other cadre on the same terms and conditions as are applicable to him in the original cadre.

14.  Liability to serve - A member of the Service shall be liable to serve at any place, whether within or without the State of Punjab, on being ordered to do so by Government.

15.  Leave and pension or other matters - In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such rules and regulations as may have been , or may hereafter be adopted or framed by competent authority under Article 309 of the Constitution of India or any law for the time being in force and the rules made thereunder.

16.  Discipline penalties and appeals - (1) In matters relating to discipline, punishment and appeals, members of the Service shall be governed by Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time:

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall be as specified in Appendix ‘B’ to these rules.

(2)  the authority competent to pass an order under rule15 of the said rules and the appellate authority shall be as specified in Appendix ‘C’ to these rules.

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

18.  Powers to relax - Where the Government is of 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.

19.  Repeal and savings - The Punjab District Subordinate Service Rules, 1942, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

R. S. TALWAR,

Secretary to Government, Punjab.

Revenue Department.

1.  Pay scale of Superintendent: Rs.400-25-500/30-650.
2.  Pay scale of Assistant Superintendent (Revenue and Record). Rs.225-15-360/20-500.
3.  Pay scale of Assistant Superintendent (General): Rs.225-15360/20-500.
4.  Pay scale of Assistant : Rs.160-10-180/15-400.
5.  Pay scale of Clerks Rs.110-4-130/5-180-6-210/8-250.
6.  Pay scale of Stenographer Rs.160-10-280/15-400.
7.  Pay scale of Steno-typists: Rs.110-4-130/5-180/6-210/8-250 plus Rs.25 as special pay.

 

 

 

 

 

APPENDIX ‘D’
(Referred to in Rule 8) 

(a)  In the case of appointment to the post of Senior-Scale Stenographer—he is a graduate of a recognised University or Institution or its equivalent and has a speed of 100 words per minute in short-hand and a 20 words per minute for transcribing it in type-writing.

(b)  In the case of Clerk, has passed a Matriculation Examination of a Recognised University or Institution or its equivalent.

(c)  In the case of Mapper, has passed the Draftsman’s Diploma Course from any Recognised Engineering Institute.

1.  Pay Scale of District Kanungo                             Rs.160-10-280/15-400                                                 2.  Pay scale of office Kanungo and Assistant           Rs.140-6-170/8-210/10-300 with special pay of Rs.15

District Kanungo

3.  Pay scale of Field Kanungo                                Rs.140-6-170/8-210/10-300

4.Pay scale of Patwari Moharrir                                Rs.110-4-130/5-160/5-200

 

 

APPENDIX ‘C’
[Rule 8 (ii) ]
Examination 

1.An examination of Kanungos shall be held once a year in about the month of June. It will be conducted by the Director of Land records, Punjab. Candidates (Kanungos directly recruited and permanent Patwaris) shall be examined in the following subjects:--

Paper I

(i)  Standing orders 1 and 64 (paragraph 6 only).                                                                      

(ii)  Chapters 2, 3, 4 (part D) 7, 9, 10, 18, Paragraph 13, 16, and 20 so far it is connected with statements A, B, and C of the land Records Manual.

(iii)  Appendices VII—IX and XXI  of Deuies Settlement Manual—120.

Paper II

Patwari ‘ Mensuration Manual                      70

Paper III

Arithmetic to the Middle School Standard    60

Paper IV

Urdu Dictation and Caligraphy                   50

Paper V

Rural Reconstruction

(for direct recruity only)                             60

Total       360.

2.  No person shall be considered as having passed examination unless he has obtained 50 per cent marks in each subject. A person who passes in any subject on the first attempt shall not be required to clear that subject again.

3.  No person shall be given more than three chances to pass the examination.

Appendix ‘D’

[Rule 8(iii)]
Training

(1)  A person directly recruited for appointment to the post of Kanungo shall be required to undergo practical training for one year in the Patwari School, if it is functioning, otherwise he will get this training with an experienced patwari to learn the duties of the mahal patwari. The Collector shall make arrangement for this purpose. After that, he will be attached with an experienced Field Kanungo for six months for training as Kanungo.  During this period he will receive a subsistence allowance equal to the minimum of the time scale of the post of  Kanungo.         

2.  Thereafter, he will be appointed as patwari in a district under settlement, or Colony or Killa Bandi or Consolidation of Holdings Operations for six months.  If no district is under such operation, he will be posted as Patwari(Mahal) in his own district for a period of six months.

PUNJAB GOVERNMENT
REVENUE  DEPARTMENT

NOTIFICATION.
The  4 th January, 1966

 No. G.S.R.C.A. 17 /87 /S:-- With reference to the Punjab Government Revenue Department, Notification No, GSR. 225/ C.A.17 /1887 /S.28 / 65.dated the 10^th September, 1965, and in exercise of the powers conferred by sub-section (1) of section 28 of the Punjab Land Revenue Act, 1887, the  Governor of Punjab is pleased to  make the following  rules, namely:--

RULES

1.  Short title, Commencement and application - (1) These rules may be called the Punjab Revenue Patwaris, Class III Service Rules, 1966.

(2)  They shall come in to force at once.

(3)  They shall apply to  the posts specified in Appendix ‘A’ to these rules.

2.  Definitions. In these rules, unless the context otherwise requires------  (a) ‘Board’ means is Subordinate Services Selection Board, Punjab;

(b)  'Collector’ means the Collector of the District and includes the Settlement Officer and the Colonization Officer ;

(c)  ‘Commissioner’ means the Commissioner of the Division or any other officer authorised by a general or special order of Government to perform the functions of the Commissioner;

(d)  ‘Direct appointment’ means an appointment made otherwise than by promotion or by transfer of  any official already, in the service of the State Government.

(e)  ‘Financial Commissioner’ means  the  Financial Commissioner Revenue   or any other officer authorised by  a general or special order of Government to perform the functions of the Financial Commissioner ;

(f)  ‘Government’ means the Punjab Government in the Administrative Department;

(g)  ‘Head of Department’ means the Director  or  Land Records, Punjab  or any other officer who is declared as such ;

(h)  ‘Patwari’ means a Revenue Patwari including an Assistant Patwari;

(i)  ‘Recognised University’ means---------

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

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

(iii)  any other University which  is declared by Government to be a recognised University for the purpose of these rules ;

(iv)  ‘Service’ means the Punjab Revenue Patwaris (Class III) Service.

3.  Number and character of posts - The service shall comprise the posts shown in Appendix ‘A’ to these rules:

Provided that nothing in these rules shall affect the inherent right of the Government to add or reduce the number of such posts or create new posts with different designation and scales or pay whether permanently or temporarily.

4.  Mode of acceptance of Patwari candidates. - (1) As and when  a  requisition is received by Board from the Collector the Board shall recommend to the Collector such number of candidates for acceptance as Patwaris Candidates as the Collector may specify in the requisition.

(2)  For the purpose of direct appointment to the Service a register of Patwari candidates shall be maintained by the Collector in each district in which the names of Patwari candidates shall be entered in the order in which they are recommended by the Board.

(3)  The number of Patwari candidates that may be enrolled on the register of a district shall be such as may be determined by the Government   from time to time.

5.  Nationality, domicile, Character and age - (1) No person shall be accepted as a Patwari candidate, unless he is-

(a)  a citizen of India , or

(b)  a subject of Sikkim, or

(c)  a subject of Nepal, or

(a)  a subject of Bhutan, or

(b)  a Tibetan refugee who came over to India before the 1^st January, 1962 with intention of permanently settling in India;

(c)  a person of India, origin who has migrated, from Pakistan with the intention of permanently settling in India;

Provided that a candidate belonging to the 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 Board or other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be accepted as a candidate subject to the necessary certificate being given to him by the competent authority.

(3)  No person shall be accepted as a Patwari candidate 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 responsible persons not being his relative, who are well acquainted with him in his private life and unconnected with his University, college, school or institution.

(4)  No person who is less than 17 years or more than 25 years of age or such age as may from time to time be fixed by Government for new entrant into service, shall be accepted as Patwari candidate;

Provided that in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes or other Backward Classes, the Maximum age limit shall be such as may be fixed by Government from time to time.

6.  Disqualifications (i) No person, who is more than one wife living or who having a spouse living, marries in any case in which such marriage is void by reason of taking place during the life time of such spouse shall be eligible for being accepted as a Patwari candidate, and

(ii)  No woman, whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage shall be eligible for being accepted as a Patwari candidate:

Provided that the Government may, if satisfied that there are special grounds for so ordering, exempt any person from the operation of this rule.

7.  Academic Qualifications - No person shall be accepted a Patwari candidate for appointment to the service unless he—

(i)  has passed Matriculation or Higher Secondary examination of a recognised University preferably with Agriculture as one of the subjects;

1. Possesses qualification in Hindi and Punjabi upto Middle standard as may be specified by the Government from time to time; and
2.  has a good knowledge of a rural economy and culture.

1.  (1) Qualifications for appointment - No Patwari candidate shall be eligible for appointment to the service unless he qualifies the Patwari examination after attending the Patwari School for a minimum period of one year, and after training for a period of six months as may be specified by the Collector.

(2)  If the candidate fails to pass the Patwari examination within a period of 3 years from the date of his acceptance as candidate his name  shall be struck off from the register of candidates.

(3)  Nothing in this rule shall apply to a candidate who has already passed the Patwari examination before he is accepted as a candidate  and has also undergone practical field  training as specified in sub-rule (1).

9.  Appointing Authority - Appointing to the Service shall be made  by the Collector.

10.  Method of Appointment.- (1) Appointment to the Service shall be made:--

(a)  in the case of Patwaris :

(i)  by promotionfrom amongst theAssistant Patwaris; or

(ii)  by direct appointment from amongst the accepted patwari candidates, or

(iii)  by transfer of an official already in the service of the State Government, and

(iv)  by absorption of the retrenched or likely to beretrenched officials of thePunjab Consolidation Department (No. G.S.R. 5 P.A.17/ 87 /S.28/Amd (1), dated 7^th,January, 1971);

(b)  in the case of Assistant Patwaris, by direct appointment, from amongst the  accepted  Patwari candidates.

(2)  When any vacancy  arises, the appointing authority shall determine the  method in which the same shall be filled in.

(3)  All promotions shall be  made  by selection  on the  basis of seniority-cum-merit  and seniority  alone shall  not  give any right to appointment.

11.  Order in which appointments are to be made  from amongst candidates- Appointment  from amongst  Patwari  candidates shall be made  in the order  in which their  names  appear in  the register of Patwari candidates.

Provided that pending receipt of names of candidates from the Board for which  a requisition has been sent, the Collector may appoint patwaris on purely temporary basis, for such short duration as may be specified in the order of their appointment or till the candidates recommended by the Board become available, whichever be earlier, from amongst such persons as have already passed patwar examination and undergone the Practical field training as specified in sub-rule (1) of rule 8 and any such appointment shall not confer any right of regular appointment nor shall the period spent on such appointment count for the seniority even if the period of such appointment is followed by regular enrolment under rule 4.

12.  Consequence of failure to join appointment - If a candidate, on appointment   to the Service, is unable for any reason , other than the  orders of Collector, to join his appointment within one month from the date of receipt of orders of appointment, the Collector may  cancel the order  of appointment and may also remove his name from the register.

13.  Removal of name of patwari candidates from register - Without prejudice to the provisions of sub-rule (2) of rule 8, the Collector may at any time order the removal of the name of any person from the register of Patwari candidates for   any reason which he may deem fit:

Provided that no order under this rule shall be passed without giving the candidate, whose name is sought to be removed, an opportunity of making any representation that he may desire to make, and unless such representation has been taken into consideration.

14.  Probation - (1) Persons 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 :

Provided that:---

(a)  any period, afterappointment to the Service spent on deputation on a corresponding or ahigher post, shall count towards the period of probation fixed under this rule;

(b)  in the case of an appointment by transfer, any period of work on an equivalent orhigher rankprior to appointment to the Service may at thediscretion of theappointing authority ,be allowed to count towards the period of probation fixed under this rule; and

(c)  any period of officiating appointment in the Service shall be reckoned as a period spent on probation but no member who has thusofficiated shall, on the completion of the prescribed period of probation, beentitled to be confirmed, unless he is appointed against a permanent post.

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

(a)  dispense with his services, if recruited by direct appointment; or

(b)  if recruited otherwise;

(i)  revert him to his former post; or

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

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

(a)  if his work or conduct has, in the 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 or 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 permit, or

(ii)  extend his period of probation and thereafter pass such orders 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.

15.  Seniority. The seniority inter se of members of service in each cadre shall be maintained district-wise and shall be determined by the length of continuous service on a post in that cadre:

Provided that in the case of two or more 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 appointed by transfer;

(c)  in 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, if the rate of pay drawn are also the same then by their length of such service in those appointments and if the length of such service is also the same, an older member shall be senior to a younger member.

Note1.—This rule shall not apply to  persons appointed purely provisional basis pending their passing the qualifying tests.

Note2—In the case of members whose period of probation is extended under rule 14, the date of appointment for the purpose of this rule shall be deemed to have been deferred to the extent the period of probation is extended.

16.  Pay. The members of Service shall be entitled to such scales of pay including special pay, if any as maybe authorised by  Government from time to time.  The scales of pay at present in force in respect of specified posts are given in ‘Appendix ‘A’ to these rules.

17.  Conduct. (1) In matters relating to conduct, the members of the Service shall be governed by the Government Servants Conduct Rules, 1966, as amended from time to time.

(2)  Unless the Collector for reasons to be recorded in writing considers imposition of punishment lesser than dismissal, a member of the Service shall be liable to dismissal,-

(a)  if he engages in trade or lends money to agriculturists or has any interest, direct or indirect, in such transaction either in his own circle or in any other circle; or

(b)  ifhe purchasesland at auctionsale without the previous sanction of the Head of Department. Such land shall be deemed to include agricultural land and land in town sites auctioned for building or other purposes ; or

(c)  if he receives any fee not authorised by instructions issued by the Government for the performance of any of his duties; or

(d)  if he without sufficient cause fails to enter in the register of mutations:-

(i)  any case of inheritance within three months of  the entry of the death of the right holder in the Chaukidar’s register ;

(ii)  any transfer by  registered deed within one month of the receipt of the registration memorandum from  the Field Kanungo ;

(iii)  any case  of consolidation of holdings within three months from  the date of receipt of an order passed under section 21 or 42 of  the East Punjab Holdings ( Consolidation and Prevention of Fragmentation) Act, 1948 ;and

(iv)  any transfer by unregistered deed or by verbal transfer within six months of the date of the  transaction, unless he can prove that he had no means of discovering the transfer at the first harvesting inspection which was made after the said date, or

(e)  if he fails to produce the records when called upon by the consolidation staff unless he can give cogent reasons for not producing them; or

(f)  if he introduces a client to a legal practitioner or in any way acts as an intermediary between inhabitants of his circle and  legal practitioners, whether or not it is proved that he requested for or accepted any remuneration.

(g)  if he fails to perform any duty entrusted to him by the Government not inconsistent with his overall role as a revenue official  at the village level.

18.  Discipline punishments and appeals.  18.   (1) Save as otherwise  provided in these rules, in matters relating to  discipline , punishment, appeals and revisions, the members of the Service shall be governed  by the Punjab Civil Services (Punishment  and Appeal)  Rules, 1952, as amended from time to time subject to the modifications given in Appendix ’B’ to these rules:

Provided that the nature of penalties which may be  imposed the authority empowered to impose such penalties, the appellate authority  and second appellate authority shall be as specified in  Appendix ‘C’ ,to these rules.

(2)  The authority competent to pass an order  under clauses © and (d) of sub-rule (1) of rule 10 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952,  and  the appellate authority shall also be as specified in Appendix ‘D’ to these rules.

19.  Pension, Leave, travelling allowance and other matters.  In respect of leave, pension, general provident fund, travelling allowance, compensatory allowance, joining time, subsistence allowance and all other matters not expressly provided for in these rules, the members of the service shall be governed by such rules and regulations as may have been or may hereafter be adopted or framed under the Constitution of India, or any law or rules made thereunder for other Class III Government employees.

20.  Liability to transfer. Every member of the Service shall be liable to transfer under the orders of :--

(i)  Collector any where within the District, or

(ii)  Head of Department anywhere within the State, or

(iii)  Government anywhere within India under the administrative control of the Punjab Government.

21.  Power to relaxation.  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.

22.  Repeal and saving.  The rules contained in paragraphs 3.2 to 3.12, 3.24 to 3.28, 3.38 to 3.46 to 3.47, 3.54, 3.56-A, 3.58, 3.60 and 3.61 of the Punjab Land Records Manual are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

A. L. FLETCHER
Secretary to Government Punjab,
Revenue department.

 

1.Designatoin of the post                              Scale of pay

(i)Patwaris                                            Rs.60-4-80/5-120/5-175

(ii)Assistant Patwaris                                 Rs.50-3-80/4-100

(2)Number of posts in each district:-

APPENDIX ‘B’
(See rule 18) 

1.  In rule 4 after clause (i)add “(ia) fine”

2.  In rule 8, between the figures and brackets “(i)” and “(ii)”, insert the figure, letter and brackets “(ia)”,

3.  Omit rule 9.

4.  In-sub rule (I) of rule 10, omit sub-clause (ii) of clause (a).

5.  For rule 14, substitute the following:-

“14. Revision.- The Financial Commissioner or the Commissioner may suo moto or on an application made to him, call for and examine the records of any case in which a subordinate authority passed any order under rule 10 or has inflicted any of the penalties specified in rule 4 or in which no order has been passed or penalty inflicted and after making further investigation, if any, may confirm, remit, reduce or subject to the provisions of sub-rule (I) of rule 11 increase the penalty or subject to the  provisions of rules 7 and 8 inflict any of the penalties specified in rule 4”.

6.  In rule18 for sub-rule (1) substitute the following: -

(1)  An appeal or application for revision may be withheld by an authority subordinate to the appellate authority or revisionary authority, as the case may be, if -

(a)  it is an appeal or application for revision in a case in which under these rules, no appeal or application for revision lies; or

(b)  it does not comply with the provisions of rule 16 ; or

(c)  it is an appeal or a second appeal and is not preferred within sixty days of the date on which the applicant was informed of the order appealed against excluding the time spent in obtaining the copy of the said order and no reasonable  cause is shown for the delay; or

(d)  it is an application for revision and is not preferred within a period of ninety days of the date on which the applicant was informed of the order of the appellant authority excluding the time spent in obtaining the copy of the order sought to be revised and on reasonable cause is shown for the delay;

(e)  it is a repetition of a previous appeal or application for revision and is made to the same appellate or revisionary authority by which such appeal or application for revision has been decided and no new facts or circumstances are adduced which afford ground for a reconsideration of the case.

Provided that in every case in which an appeal or application for revision is withheld the appellant or applicant shall be informed of the fact, and the reasons for it and a copy thereof forwarded to the appellate authority, if any, together with a copy of the appeal or application for revision so withheld:

Provided further that an appeal or application for revision withheld on account only of failure to comply with the provisions of rule 16 may be re-submitted at any time within one month of the date on which the appellant or applicant has been informed of the with holding of the appeal or application, and, if resubmitted in a form which complies with those provisions, shall not be withheld”.

 

ANNEXURE B
[Published in the Punjab Government Gazette, Legislative Supplement Ordinary,  dated the 11th September,1970].

PUNJAB  GOVERNMENT
GENERAL ADMINISTRATION DEPARTMENT
Notification
The 3 rd September, 1970

No.G.S.R.87 / Const./Art. 187, 309 and 318 /70. --In supersession of Punjab Government notification No. GSR-33 /Const./Art. 187, 309 and 318 /69, dated the 6^th March, 1969 and in exercise of the powers conferred by the proviso to article 309 and clause (b) of article 318 read with clause (3) of article 187 of the Constitution of India and all other powers enabling him in this behalf, the Governor of Punjab in consultation with  the Speaker of the Punjab Vidhan Sabha , in so far as such consultation is necessary under the  aforesaid provisions, is pleased to make the following rules, namely;-

THE PUNJAB CIVIL SERVICES (PUNISHMENT AND APPEAL) RULES, 1970.

(10) The inquiring authority shall return as finding of guilt in respect of those articles of charge to which the Government employee pleads guilty.

(11)   The inquiring authority shall if the Government employee fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government employee may, for the purpose of preparing his defence,-

(i)  inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents, specified in the list referred to in sub-rule (3);and

(ii)  submit a  list of witnesses to be examined on his behalf;

Note.- If the Government employee applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to  in sub-rule (3) the inquiring authority shall furnish him with such  copies as early as possible and in any case not later than three days before  the commencement of the examination of the witnesses on behalf of the punishing authority.

(iii)  give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3).

Note.- The Government employee shall indicate the relevance of the documents required by him to be discovered or produced by the Government.

(12)  The Inquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the document by such date as may be specified in such requisition:

Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are in its opinion not relevant to the case.

(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall on being so informed, communicate the information to the Government employee and withdraw the requisition made by it for the production or discovery of such documents.

(14)  On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the punishing authority.  The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government employee.  The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority.  The inquiring authority may also put such questions to the witnesses as it thinks fit.

(15)  If it shall appear necessary before the close of the case on behalf of the punishing authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government employee or may itself call for new evidence or recall and re-examine any witnesses and in such case the Government employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the date of adjournment and the day to which the inquiry is adjourned.  The inquiring authority shall give the Government employee an opportunity of inspecting such documents before they are taken on the record.  The inquiring authority may also allow the Government employee to produce new evidence if it is of the opinion that the production of such evidence is necessary in the interest of justice.

Note:- New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence.  Such evidence may be called for only when there is an inherent lacuna or defect in the evidence  which has been produced originally.

(16)  When the case for the punishing authority is closed, the Government employee shall be required to state his defence orally or in writing as he may prefer.  If the defence is made orally it shall be recorded and the Government employee shall be required to sign the record.  In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

(17)  The evidence on behalf of the Government employee shall then be produced.  The Government employee may examine himself in his own behalf if he so prefers.  The witnesses produced by the Government employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the punishing authority.

(18)  The inquiring authority may, after the Government employee closes his case, and shall, if the Government employee has not examined himself, generally question him on the circumstances, appearing against him in the evidence for the purpose of enabling the Government employee to explain any circumstances appearing in the evidence against him.

(19)  The inquiring authority may, after the completion of the production of evidence hear the Presenting Officer, if any, appointed, and the Government employee or permit them to file written briefs of their respective cases, if they so desire.

(20)  If the Government employee to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.

(21)  (a) Where a punishing authority competent to impose any of the penalties specified in clauses (i) to (iv) of rule 5, but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 5 has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Government employee, that authority shall forward the records of the inquiry to such punishing authority as is competent to impose the last mentioned penalties.

(b)  The punishing authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice recall the witness and examine, cross-examine and re-examine the witnesses and may impose on the Government employee such penalty as it may deem fit in accordance with these rules.

(22)  Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an enquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and party recorded by itself:

Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.

(23)  (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain -

(a)  the articles of charge and the statement of the imputations of misconduct or misbehaviour;

(b)  the defence of the Government employee in respect of each article of charge;

(c)  an assessment of the evidence in respect of each article of charge;

(d)  the findings on each article of charge and the reasons therefor.

Explanation.- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:

Provided that the findings on such article of charge shall not be recorded unless the Government employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.

(ii)  The inquiring authority where it is not itself the punishing authority shall forward to the punishing authority the records of inquiry which shall include -

(a)  the report prepared by it under clause (i);

(b)  the written statement of defence, if any, submitted by the Government employee ; the course of the enquiry;

(d)  written briefs, if any, filed by the Presenting Officer, or the Government employee or both during the course of the inquiry and

(e)  the orders, if any, made by the punishing authority and the inquiring authority in regard to the inquiry.

Action on the inquiry report

9. (1) The punishing authority it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 8 as far as may be.

(2)  The punishing authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for each dis-agreement and record its own findings on such charge, if the evidence on record is sufficient for the purpose.

(3)  If the punishing authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 5 should be imposed on the Government employee, it shall, notwithstanding anything contained in rule 10, make an order imposing such penalty:

Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the punishing authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Government employee.

(4)  (i) If the punishing authority having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in clauses (v) to (ix) of rule 5 should be imposed on the Government employee, it shall -

(a)  furnish to the Government employee a copy of the report of the inquiry held by it and its findings on each article of charge or where the inquiry had been held by an inquiring authority, appointed by it, a copy of the report of such authority and a statement of its findings on each article of charge together with brief reasons for its disagreement, if any, with the findings of inquiring authority ;

(b)  give the Government employee a notice stating the penalty  proposed to be imposed on him and calling upon him to submit within fifteen days of receipt of the notice or such further time not exceeding fifteen days, as may be allowed such representation as he may wish to make on the proposed penalty on the basis of the evidence  adduced  during the inquiry held under rule 8.

(ii)  (a) In every case in which it is necessary to consult the Commission the record of the inquiry, together with a copy of the notice given under clause (i) and the representation made in pursuance of such notice, if any, shall be forwarded by the punishing authority to the Commission for its advice.

(b)  The punishing authority shall after considering the representations if any, made by the Government employee, and the advice given by the Commission determine what penalty, if any, should be imposed on the Government employee and make such order as it may deem fit.

(iii)  Where it is not necessary to consult the Commission the punishing authority shall consider the representation, if any, made by the Government employee in pursuance of the notice given to him under clause (i) and determine what penalty, if any, should be imposed on him and make such order as it may deem fit.

Procedure for imposing minor penalties.

10.  (1) Subject to the provision of sub-rule (3) of rule 9, no order imposing on a Government employee any of the penalties specified in clauses (i) to (iv) of rule 5 shall be made except after -

(a)  informing the Government employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

(b)  holding an inquiry in the manner laid down in sub-rules (3) to (23) of rule 8, in every case in which the punishing authority is of the opinion that such inquiry is necessary;

(c)  taking the representation, if any, submitted by the Government employee under clause (a) and the record of inquiry, if any, held, under clause (b) into consideration;

(d)  recording a finding on each imputation of misconduct or misbehaviour; and

(e)  consulting the Commission where such consultation is necessary.

(2)  The record of the proceedings in such cases shall include-

(i)  a copy of the intimation to the Government employee of the proposal to take action against him;

(ii)  a copy of the statement of imputations of misconduct or misbehaviour delivered to him;

(iii)  his representation, if any;

(iv)  the evidence produced during the inquiry;

(v)  the advice of the Commission, if any;

(vi)  the findings on each imputation of misconduct or misbehaviour ; and

(vii)  the orders on the case together with the reasons therefor.

Communication of Orders

11.  Orders made by the punishing authority shall be communicated to the Government employee who shall also be supplied with a copy of the report of the inquiry, if any, held by the punishing authority and a copy of its findings on each article of charge, or, where the punishing authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the punishing authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and where the punishing authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

Common Proceedings

12. (1) Where two or more Government employees are concerned in any case the Governor or any other authority competent to impose the penalty of dismissal from service on all such Government employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

Note.- If the authorities competent to impose the penalty of dismissal on such Government employees are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

(2)  Any order under sub-rule (1) shall specify -

(i)  the authority which may function as the punishing authority for the purpose of such common proceeding;

(ii)  the penalties specified in rule 5 which such punishing authority shall be competent to impose:

(iii)  whether the procedure laid down in rule 8 and rule 9 or rule 10 shall be followed in the proceedings.

Special procedure in certain cases

13.  Notwithstanding anything contained in rules 8,9,10,11 and 12--

(i)  where any penalty is imposed on a Government employee on the ground of conduct which has led to his conviction on a criminal charge; or

(ii)  where the punishing authority is satisfied for reasons to be recorded by it in writhing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules; or

(iii)  where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the punishing authority may consider the  circumstances of the case and make such orders thereon as it deems fit:

Provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this  rule.

PART V
(APPEALS)

14. Orders against which no appeal lies. -     Notwithstanding anything contained in this part, no appeal shill lie against--

(i) any order made by the Governor;

(ii)  any order of an interlocutory nature or of the nature of step-in-aid to the final disposal of a disciplinary proceedings other than an order of suspension;

(iii)  any order passed by an inquiring authority in the course of an inquiry under rule 8.

15. Orders against which appeal lies. -   Subject to the provisions of rule 14 a  Government employee  may prefer an appeal against all  or any of the following orders, namely:-

(i)  an order of suspension made  or deemed to have been made under rule 4;

(ii)  an  order imposing any of the penalties  specified  in rule 5 whether made by the punishing authority or by any appellate or reviewing  authority;

(iii)  an order enhancing any penalty imposed under rule 5;

(iv)  an order which--

(a)  denies or varies to his disadvantage his   pay, allowances, pension or other conditions of service as regulated by rules or by agreement;

(b)  interprets to his disadvantage the provisions  of any such rule or agreement;

(v) an order--

(a)  stopping him  at the  efficiency bar in the time scale of pay on the ground on his unfitness to cross the bar;

(b)  reverting him while officiating in a higher service, grade or post to a lower service, grade or post, otherwise   than as a penalty;

(c)  reducing or withholding  the  pension or denying  the maximum pension admissible  to him under the rules;

(d)  determining  the subsistence and other allowances to be paid to him for the period of suspension or  for the period during which he is  deemed to be under  suspension or for any portion thereof ; or

(e)  determining his pay and allowances--

(i)  for the period of suspension; or

(ii)  for the period form the date of his dismissal, removal  or compulsory retirement from service, or from the date of his  reduction  to a lower service, grade, post, time scale or stage in a time scale of pay to the date of his retirement or restoration to his service, grade or post, or

(f)  determining whether or not the period from  the  date of his suspension or from the date of his dismissal, removal, compulsory  retirement or reduction to a lower service, grade, post, time scale of pay or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be  treated  as a period  spent on duty for any purpose.

Explanation.-- In this rule--

(i)  the expression 'Government employee'  includes a person who has ceased to be in Government  service;

(ii)  the expression 'pension'  includes additional  pension, gratuity and any other retirement benefit.

16. Appellate authorities.-  A Government employee, including a person who has ceased to be a Government employee, may prefer an appeal against all or any of the orders specified in rule 15 to the authority specified in this behalf in the rules regulating his  appointment and conditions of service.

17. Period of limitations of appeal. - No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days form the date on which a copy of the order  appealed against is delivered to  the appellant:

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

18.  Form and contents of appeal.  (1) Every person preferring an appeal shall do so separately and in his own name.

(2)  The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain material statements and arguments on which the appellant relies but shall not contain any disrespectful or improper language, and shall be complete in itself.

(3)  The authority which made to order appealed against shall on receipt of a copy  of the appeal, forward the same with its comments thereon to gather with the relevant record to the appellate  authority without any avoidable  delay and without waiting for any direction from the appellate authority.

19. Consideration of appeal.  (1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 4  and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the  order accordingly.

(2)  In the case of an appeal against  an order imposing any of the penalties  specified in rule 5 or enhancing any penalty imposed under the said rule, the appellate authority shall consider--

(a)  whether the procedure laid down  in  these  rules  has been complied with, and if not,  whether such non-compliance has resulted in the  violation of any provision of the Constitution of India or in the failure of justice;

(b)  whether the findings of the punishing authority are warranted by the evidence on the record; and

(c)  whether the penalty or the enhanced penalty  imposed is  adequate, inadequate or severe; and pass orders--

(i)  confirming, enhancing, reducing or setting aside the penalty; or

(ii)  remitting the  case to  the authority which imposed or enhanced the penalty or the any other authority with such direction  as it may deem fit in the circumstances of the case :

Provided that--

(i)  the Commission shall be consulted in all cases where such consultation is necessary;

(ii)  if the enhanced penalty  which the appellate authority proposes to impose is one of the penalties specified in clauses (v)  to (ix)  of rule 5 and an inquiry under rule 8  has not already been held in the case, the appellate authority shall subject to the provision of rule 13, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 8 and thereafter,  on a consideration of the proceedings of such inquiry  and after giving the appellant a  reasonable opportunity as far as may  be in accordance with the provisions of sub-rule (4) of rule 9 of making a representation against the penalty proposed on the basis of the evidence adduced during such inquiry make such orders  as it may deem fit;

(iii)  if the enhanced penalty  which the appellate authority  proposes to impose is   one of the penalties specified in clauses (v) to (ix)  of rule 5 and an inquiry under rule 8 has already been held in the case, the appellate authority shall, after giving the appellant a reasonable opportunity as  far as may be in accordance with the provisions of sub-rule (4) of rule 9 (of making a representation against the   penalty proposed on the basis  of the evidence adduced during the inquiry, make such orders  as it may deem fit, and

(iv)  no order imposing an enhanced penalty shall  be made in any other case unless the  appellant has been given a reasonable  opportunity as far as may be in accordance with the provisions of rule 10 of making a  representation against such enhanced penalty.

20. Implementation of order in appeal. - The authority which made the order  appealed against shall give effect to the orders passed by the appellate authority.

PART   VI

21. Review. -  (1) Notwithstanding anything contained in these rules,--

(i)  the Governor; or

(ii)  the appellate authority, within six months of the date of the order proposed to be  reviewed; or

(iii)  any other authority, specified in this behalf by the Governor by a general or special order, and within such time as may be prescribed in such general or special order;

may at any time, either on his or its own motion  or otherwise call for the records of any inquiry and review any order made under these rules or under the rules repealed by rule 25 from which an appeal is allowed, but from which no appeal has been preferred or from which no appeal is allowed, after consultation with the Commission where such consultation is necessary, and may -

(a)  confirm, modify or set aside the order; or

(b)  confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or

(c)  remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d)  pass such other orders as it may deem fit:

Provided that no order imposing or enhancing any penalty shall be made by any reviewing authority unless the Government employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of rule 5 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in rule 8 and after giving a reasonable opportunity to the Government employee concerned of showing cause against the penalty proposed on the evidence adduced during the inquiry and except after consultation with the Commission, where such consultation is necessary.

PART VII - MISCELLANEOUS

22. Service of orders, notices, etc  Every order, notice and other process made or issued under these rules shall be served in person on the Government employee concerned or communicated to him by registered post.

23. Powers to relax time-limit and to condone delay.  Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown extend the time specified in these rules for anything required to be done under these rules or condone any delay.

24. Supply of copy of Commission’s advice.  Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to Government employee concerned with a copy of the order passed in the case, by the authority making the order.

25.  Repeal and Saving.  The Punjab Civil Service (Punishment and Appeal) Rules, 1952, and any notifications or orders issued in so far as they are inconsistent with these rules, are hereby repealed:

Provided that  -

(a) such repeal shall not affect the previous operation of the said rules or any notification or order made, or anything done, or any action taken, there under ; and

(b) any proceedings under the said rules, pending at the commencement of these rules, shall be continued and disposed of, as far may be in accordance with the provisions of these rules as if such proceedings were proceedings under these rules.

(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply of any right of appeal which had accrued to him under the rules, notification or orders in force before the commencement of these rules.

(3) An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made in accordance with these rules, as if such orders were made and the appeal was preferred under these rules.

(4) As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules :

Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.

26.  Removal of doubts. -  If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Governor or such other authority, as may be specified by the Governor by a general or special order, and the Governor or such other authority shall decide the same.

S. S. GREWAL,

Chief Secretary to Government, Punjab.

Annexure C
Form No. 1

Statement of immovable property (e.g. Lands, Houses, Shops, other Building, etc.)

Year ________

Date :  ________________

Signature

Notes - (1) For purpose of column 9, the term "lease" would mean a lease of immovable property from the year or for any term exceeding one year or reserving a yearly rent.  Where, however, the lease of immovable property is obtained from a person having official dealings with the Government employee, such a lease should be shown in this column irrespective of the term of the lease, whether it is short-term or long-term, and the periodicity of the payment of rent.

(2)  In column 10 should be shown-

(a)  Where the property has been acquired by purchase, mortgage or lease, the price or premium paid for such acquisition;

(b)  Where it has been acquired by lease, the total annual rent thereof also ; and

(c)  Where the acquisition is by inheritance, gift or exchange, the approximate value of the property so acquired.

 Form No. II
STATEMENT OF LIQUID ASSETS

(i) Cash and Bank balances exceeding 3 months' emoluments,

(2) Deposits, loans advanced and investments (such as shares, securities, debentures, etc.)

 

Date:                                 Signature 

Note : 1. In column 7, particulars regarding sanctions obtained or report made in respect of the various transactions may be given.

Note : 2. The term 'emoluments' means the pay and allowances received by the Government employee.

Form No. III
STATEMENT OF MOVABLE PROPERTY

Date  

Signature

Note : 1- In this Form information may be given regarding items like (a) jewellery owned by him/her (total value) (b) silver and other precious metals and precious stones owned by him/her not forming part of jewellery (total value);  (c) (i) Motor cars, (ii) Scooters/Motor Cycles, (iii) Refrigerators/air-conditioners : (iv) radio/radiograms/television sets and any other articles, the value of which individually  exceeds Rs. 1,000 ; (d) Value of items of movable property individually worth less than Rs. 1,000 other than articles of daily use such as clothes, utensils, books crockery, etc. added together as lump sum.

Note 2. - In column 5, may be indicated whether the property was acquired by purchase, inheritance, gift or otherwise.

Note 3. - In column 6, particulars regarding sanction obtained or report made in respect of various transactions may be given.

FORM NO. IV
STATEMENT OF PROVIDENT FUND AND LIFE INSURANCE POLICY

Insurance Policy
Provident Funds

FORM NO. V
STATEMENT OF DEBTS AND OTHER LIABILITIES

Date :

Signature

Note 1 - Individual items of loans not exceeding three months' emoluments or Rs. 1,000 whichever is less, need not be included.

Note 2 - In column 6, information regarding permission, if any, obtained from or report made to the competent authority may also be given.

Note 3 - The term "emoluments" means pay and allowances received by the Government employees.

Note 4 - The statement should also include various loans and advances available to Government employees like advance for purchase of conveyance, house building advance etc. (other than advances of pay and travelling allowance) advances from the G.P. Fund, and loans on Life Insurance Policies and fixed deposits.