GOVERNMENT OF PUNJAB

DEPARTMENT OF REVENUE AND REHABILITATION

FINANCIAL COMMISSIONERS SECRETARIAT

(ADMINISTRATION I BRANCH)

 

Notification

 

The 18th August, 2006

No.G.S.R. 37/Const/Art.309/Amd.(1)/2006- 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 further to amend the Punjab Financial Commissioners Office (State Service, Class –II) Rules, 1967, namely:-

 

RULES

 

1.          (1)        These rules may be called the Punjab Financial Commissioners’ Office (State Service, Class-II) (First Amendment) Rules, 2006.

(2)        They shall come into force on and with effect from the date of their publication in the Official Gazette.

 

2.           In the Punjab Financial Commissioners’ Office (State Service, Class-II) Rules, 1967, in rule 10, in sub-rule (2), Note (1) shall be omitted.

 

                                                          

                                                                                   K.K.BHATNAGAR,

                                                                       Financial Commissioner Revenue and

                                                                       Secretary to Government of Punjab

                                                                       Department of Revenue and Rehabilitation.


 

PUNJAB GOVERNMENT

REVENUE DEPARTMENT

Notification

 

                                                           The 7th February, 1967

 

No.G.S.R. 37/Const/Art.309/Amd.(1)/2006- 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 further to amend the Punjab Financial Commissioners Office (State Service, Class –II) Rules, 1967, namely:-

 

PART-I-General

 

Text Box:

 

1.          (1)        These rules may be called the Punjab Financial Commissioners’ Office (State Service, Class-II) Rules, 1967.

 

(2)        They shall come into force from the date of their publication in the Official Gazette.

Text Box: Definition

 

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

 

(a) “Government” means the Punjab Government in the Administrative Department,

(b)  Financial Commissioner” means the Financial Commissioner, Revenue, or any other Officer authorized by general or special order of Government to perform the functions of the Financial Commissioner under these rules,

(c )       “Service” means the Punjab Financial Commissioners’ Office (State Service, Class II).

 

            PART II-CONSTITUTION OF THE SERVICE

 

Text Box: Number and character of post.

 

3.          (i)        The Service shall comprise the posts shown in Appendix ‘A’ to these rules, in separate groups, mentioned thereon;

 

                        Provided that nothing in this rule shall affect the inherent right of Government to make additions to or reductions in the cadre of any group of the Service either permanently or temporarily.

             (ii)       The Assistant Secretary to the Financial Commissioner (Group I-Appendix-(A)} shall also be ex-officio Assistant Secretary to Government, Punjab, Revenue Department.

Text Box: Appointing authority
 
 
 
Nationality and domicile and character of candidate.

 

4.          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.

 

                        PART-III-RECRUITMENT TO THE SERVICE

4.      All appointments to the Service shall be made by Government.

5.      (i) No person shall be appointed to the service unless he is:-

(a)    a citizen of India or

(b)   a subject of Sikkim, or

(c)    a subject of Nepal, or

(d)   a subject of Bhutan, or

(e)    a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently setting in India, or

(f)     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 Tanganyka and Zanzibar) with the intention of permanently setting in India :

Provided that a candidate belonging to categories (c ), (d), (e) and (f) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (f), the certificate of eligibility will be issued for a period of one year, after which such a candidate will be retained in service subject to his having acquired Indian citizenship.

(2)   A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission, or any other recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary certificate being given to him by the competent authority.

6.      Text Box: Disquaulification

 

No person, who has more than one wife living or is married to a person who already has a wife living, shall be eligible for appointment to any post in the service unless the Government, after being satisfied that there are special grounds for doing so, exempts such a person from the operation of the provision.

 

7.      (1)  The posts in the service shall be filled-

(a)    Text Box: Method of Recruitment

 

In the case of Assistant Secretary- (i) by promotion from amongst the Superintendents and Private Secretaries in the service having a minimum experience of seven years as Superintendents/Private Secretary, or

 

(ii)               by transfer or deputation of an official already in the service of Government of India or of a State Government and having seven years experience in any post equivalent to that of Superintendent or Private Secretary in the service:

Provided that appointment in this manner will be made only when a suitable person is not available for promotion from within the service.

(b)   In the case of Superintendents- (i) by promotion from amongst Deputy Superintendents, Assistants-in-charge and Assistants, who are members of the Punjab Financial Commissioners’ office (State Service Class III) having a minimum experience of one year as Deputy Superintendent, or a total experience of 10 years as an Assistant, or

(ii)        by transfer or deputation of an official already in the service of Government of India or of a State Government holding a ministerial post:

Provided that appointment in this manner will be made only when it is necessary to appoint a person with technical or specialised experience or qualifications to one of the posts included in the service and no such person is available for promotion from within the Financial Commissioners’ Office.

(c )       In the case of Private Secretaries-         (i) by promotion from amongs the Personal Assistants and/or Senior Scale Stenographers who are members of the Punjab Financial Commissioners’ Office (State Service, Class III) having a minimum experience of one year as a Personal Assistant or a total experience of 8 years as a Senior Scale Stenographer, or

(d)        by transfer or deputation of an official already in the service of Government of India o of a State Government holding a ministerial post:

            Provided that appointment in this manner will be  made only when a suitable person is not available for promotion from within the Financial Commissioners’ office.

(2)               When any vacancy occurs or is about to occur in the service, the appointing authority shall determine in what manner such vacancy shall be filled.

(3)               Text Box: Probation of members of service

 

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

 

9.     (i) Persons appointed to the service shall remain on probation for a period of one year:

Provided that-

(a)    any period, after appointment to the service, spent on deputation on a corresponding or a higher post shall count towards the period of a 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, at the discretion of the appointing authority be allowed to count towards the period of probation fixed under this rule and

(c)    an officiating appointment in the service shall be reckoned as a period spent on probation but no member who has thus 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 during the period of probation the work or conduct of a person appointed to the service, is in the opinion of the appointing authority, 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 his previous appointment permit,

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

             (a) if he was appointed against a permanent vacancy confirm such person from the date of hi appointment or from any date following such appointment from which a permanent vacancy exists;

             (b)        if these is no permanent vacancy, declare that he has completed his probation satisfactorily; or

             (c )       if his work or conduct has, in its opinion, not been satisfactory 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

             (d)        extend his period of probation and thereafter pass such orders as it would 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 two years.

10.        (1)        The Assistant Secretary entered in ground I of Appendix ‘A’ to these rules shall be senior to all other members of the service entered in Groups II and III of the said Appendix ‘A’: 

             Provided that where there are more than one post of Assistant Secretary their inter-seniority in the Group I shall be determined by the date of this continuous appointment in Service in Group I:

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

(a)               A member of the service in Group I recruited by promotion shall be senior to a person recruited by transfer.

(b)              In the case of members of the service in Group I recruited 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

(c)               Text Box: Seniority

 

In the case of members of the service in Group I recruited 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 they 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:-  (i)         in the case of any member whose period of probation is extended under rule 9 of these rules, 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.

            (2)        The seniority of the members of the service in Groups II and III in Appendix ‘A’ to these rules shall be determined separately in that very Group, by the date of their continuous appointment in the service.

            Provided that, if two or more members are appointed in the same class of post on the same date, their seniority in their respective groups, shall be determined in the manner:

(a)                A member recruited by promotion from the Punjab Financial Commissioners Office (State Service Class III) shall be senior to a member recruited by transfer.

(b)               In the case of members who are recruited by promotion, from the Punjab Financial Commissioner’s Office (State Service Class III), seniority shall be determined in accordance with the seniority in the appointments from which they are promoted;

(c)                In the case of members recruited by transfer from a cadre other than the Financial Commissioners Office, seniority shall be determined according to their seniority in the appointments previously held in that cadre;

(d)               In the case of members recruited by transfer from different cadres other than the Financial Commissioners Office, seniority shall be determined according to pay, preference being given to a member who was drawing the higher rate of pay in his previous appointment and, if the rate of pay drawn was the same the older member shall be deemed senior to the younger member.

Note:-  (I) Superintendents and Private Secretaries shall also be entered in a joint list and their seniority inter se shall be determined by the date of their continuous appointment in the service. If the date of continuous appointment in the service be the same, their inter se seniority in the service shall be determined as under:-

(i)                  a member recruited by promotion from the Financial Commissioners’ Office (State Service, Class III) shall be senior to a member recruited by transfer, and

(ii)                In the case of members recruited by promotion, from the Punjab Financial Commissioners’ Office (State Service Class III), seniority shall be determined by their inter se seniority as Assistants and Senior Scale Stenographers/Personal Assistants in that Service.

Notification

The 18th August, 2006

No.GSR.37/Const/Art.309/Amd.(1)/2006-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 further to amend the Punjab Financial Commissioners’ office (State Service, Class-II) Rules, 1967, namely:-

RULES

1.           (I)        These rules may be called the Punjab Financial Commissioners’ office (State Service, Class-II) (First Amendment) Rules, 2006.

              (2)        They shall come into force on and with effect from the date of their publication in the official Gazette.

2.           In the Punjab Financial Commissioners’ Office (State Service, Class-II) Rules, 1967, in rule 10, in sub-rule (2), Note-(1) shall be omitted.

 

                                                              K.K.BHATNAGAR,

                                                  Financial Commissioner Revenue and

                                                  Department of Revenue and Rehabilitation.

 

Text Box: Leave and Pension

 

Note- (2)  In the case of members whose period of probation is extended under rule 9 of these rules the date of appointment for the purpose of their rule shall be deemed to have been deferred to he extent the period of probation is extended.

 

11.            In respect of leave, pension and other cognate 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 framed by the competent authority under Article 309 of the Constitution of India or any law or rules made the under.

Text Box: Dispiline penalities and Appeals

 

 

 

            12(I)    In matters relating to discipline, punishment and appeals, members of the service shall be governed by the Punjab Civil Services (Punishment and Appeals) Rules, 1952, 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, subject to the provisions of any law or rules made under Article 309 of the Constitution of India, be as specified in Appendix ‘B’ to these rules.   

(2)               Text Box:  
 
Vaccination
 
 
Liability to Transfer
 
 
Oath of Allegiance
 
Powers of Relaxation
 
Repeal
 
 
 

 

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

 

13.              Every member of the service shall get himself or herself vaccinated or re-vaccinated when the Government so directs by special or general orders.

14.              Every member of the Service shall be liable to transfer under the orders of Government anywhere within the State of Punjab or any other place in India, where he may be required to proceed under the administrative control of the Punjab Government.

15.              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.

16.              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 may of the provisions of these rules with respect to any class or category of persons.

17.              The Punjab General Service Rules, 1930, published with the Punjab Government, Home Department Notification No.34585, dated the 22nd November, 1930, in so far it relates to Assistant Secretary to the Financial Commissioners are hereby repealed.

APPENDIX ‘A’

Sr.No.

Designation of post

Number of posts

Pay P.M.

Remarks

 

Group -1

1.

Assistant Secretary

1

Rs.800-400-1000

 

Group-II

2

Superintendents

19

Rs.350-25-500/30-650

 

Group-III

3.

Private Secretaries

2

Rs.350-25-500/30-650

 

 

 

 

 

 

 


 

APPENDIX ‘B’

Sr.No.

Designation of official

Nature of penalty

Punishing authority

Appellate authority

 

1.

2.

 

 

 

 

 

 

3.

Assistant Secretary

Superintendents

 

 

 

 

 

 

Private Secretaries

(a)Censure

(b)With-holding or promotion including stoppage at an efficiency bar

 

 

(c) Reduction to a lower post or time scale or to a lower stage in a time-scale.

(d)recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders

(e) Suspension

(f) removal from service which does not disqualify from future employment

(g) dismissal from the service which ordinarily disqualifies from future employment.

Financial Commissioner

Government

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Government

 

 

 

Explanation-     The Discharge

(a)    of a person appointed on probation during or at the end of the period of probation, or

(b)   of a person appointed to hold temporary appointment on the expiration of the period of appointment does not amount to removal.


 

 

 

APPENDIX ‘C’

(Referred to in Rule 12)

Sr.No.

Designation of official

Nature of order

Authority competent to pass order

1.

 

 

2

 

 

3.

 

 

 

 

 

 

 

 

 

.

Assistant Secretary

 

 

Superintendents

 

 

Private Secretaries

 

 

 

 

 

 

 

 

 

 

(i) reducing the maximum pension admissible under the rules governing pension

(ii) termination of appointment otherwise than upon reaching the age fixed for superannuation

 

 

Government

 

 

 

 

 

Government

 

 

 

 

 

 

                                                                                                H.B.LAL

                                                                        Financial Commissioner, Revenue

                                                                       And Secretary to Government, Punjab

                                                                                   Revenue Department.


 

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