The Haryana Service of Engineers, Group A, Irrigation Department Act,2010 (21 of 2010)

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HARYANA GOVT. GAZ. (E)ffRA.), ocr.25,2OrO
(KRTK. 3, 1932 SAKA)
185
PART I
IIARYANA GOVERNMBITT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 25th October, 2010
No. Leg. 30/2010.-The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 13th October'
2010, and is hereby published for general information :-
HARYANA ACT NO. 2I OF 2OTO
TTIEHARYANASERVICEoFENGINEERS,GROUPA,
IRRIGATION DEPARTMENT ACT, 2O1O
Af'{
ACT
to regalate the recruitment and conditions of service of persons
appointed to the Haryana Service of Engineers'
GrouP A, Irrigation DePartment'
Be it enacted by the I-egislature of the State of Haryana in the sixty-first
Year of the Republic of India as follows :-
1. (1) This {pt may be called the Haryana service of Engineers'
Group A, Irrigation Department Act, 2010'
(Z) It shall be deemed to have come into force on the lst day of
November, 1966.
(3) It shall apply to the persons who are members of the Service
but shall not include the pefsons who were appointed before the lst day of
November, 1966.
Short title,
commencement
and application.
2. In this Act, unless the context otherwise requires,- Definitions'
(a) "appointment to the Service" ade to
u tuAtt Post in Service and made
according to the terms and to an
officiating vacancy of a cadre post in Service;
"Appendix" means Appendix annexed to this Act;
..cadre post" means a permanent post in the service;
"Chief Engineer" means a Chief Engineer of the Department
and includes a post declared by the Government as equivalent;
(b)
(c)
(d)
)
t86 HARYANA GOVT. GAZ.
(KRTK. 3'
(EXTRA.), ocT. 25,2010
1932 SAKA)
(e) "Commission" means the Haryana
or anY other authoritY notified bY
(0 "comPetent authoritY" ' as the
Government maY, bY n aPPoint
a"p"tf".* the functions of der this
Act:
Public Service Commission
the Government;
"Department" means the Inigation Department;
"Engineer-in-Chief' means an Engineer-in-Chief of the
Depirtment and includes a post declared by the Government as
equivalent;
.,ex-cadrepost',meansatemporarypostnotincludedinthe
Service, appointment on which confers no right to seniority;
..Executive Engineer', means an officer-in-charge of a Division
and includes a post declared by the Government as equivalent;
(k) ..Government,, means the Government of the State of Haryana
in the Administrative DePartment;
0) "Group B Service" means the Haryana Service of Engineers'
GrouP B, in Irrigation DePartment;
(e)
(h)
(i)
0)
(m) "member of the Service"
substantivelY to a cadre Post
. (r) in the case of an appointment by
probation or such an officer w
comPleted his Probation, awaits
post;
performing the duties of a cadre post;
(n) "prescribed" means prescribed by rules made under this Act;
means an officer aPPointed
and includes;-
HARYANA GOVT. GAZ,
(KRTK. 3,
(o) "Service" means the Haryana service of Engineers, Group A,
Irrigation Department comprising separate cadres of Civil,
Mechanical, Computer and Electrical;
(p) "Superintending Engineer" nteans an officer-in-charge of a Circle
and includes a post declared by the Government as equivalent;
(q) "universitY" means-
(i) any university incorporated by law in India;
(ii) in the case of degrees or diplomas obtained as a result of
examination held before the 15th August, l94l , the Punjab'
Sind or Dacca University; and
(iii) any other university, which is declared by the Government
to be a recognized or deemed university for the purposes
of this Act.
3; (l) There shall be separate cadres of Service, namely, Civil, Cadre and its
Mechanical, Computer and Electrical comprising various posts as may be strength'
determined separately for each cadre on the lst day of January each year or
as soon thereafter, as may be practicable according to the provisions of
Appendix A. The strength of the respective cadres so determined shall remain
in force till it is revised by the Government.
(Z) The officers of Civil, Mecfianical, Computer and Electrical
cadres shall be promoted or appointed only against the respective post in their
cadre.
(3) N ithstanding anything contained in sub-section (1), the
Government may appoint a member of the Service to an ex-cadre post not
included in the Service in accordance with the provisions of this Act, provided
such post has been sanctioned.
4. (1) No person shall be appointed to the Service unless he is,-
(a) a citizen of India ; or
[EXTRA.), OCT. 25,}OLO
1932 SAKA)
187
Nationality and
domicile
candidates.
(b)
(c)
(d)
(e)
a subject of Sikkim ; or
a subject of Nepal ; or
a subject, of Bhutan; or
a Tibetan refugee who came over to India before the lst
day of January, 1962, with the intention of permanently
settling in India; or
188 IIARYANA GOVT. GAZ. (EXTRA.), OCT. 25,2010
(KRTK. 3, 1932 SAKA)
(0 a person of Indian origin who has migrated from Pakistan
with the intention of permanently settling in India:
Provided that a candidate belonging to any of the categories
(c), (6), (e) or (0 shalt be a person in whose favour a certificate of eligibility has
been given by the competent authority and if he belongs to category (f1, 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
on his furnishing proof that he has applied for the certificate and he may also
provisionally be appointed subject to the necessary eligibility certificate being
given to him by the competent authority'
S. (1) Recruitment to the Service in the respective cadre shall be
made by the Government by anyone or more of the following methods:-
(a) by promotion from Group B Service of the respective cadre;
or
(b) by transfer of an officer already in the service of a State
Government or the Central Government.
(2) In the case of persons who were members of the Service as on
lst day of November, 1966, it shall be assumed that the member promoted as
Executive Engineer from Group B Service is in accordance with the provisions
of clause (a) of sub-section (l) and future promotion shall be based upon this
assu on.
6. No person shall be promoted on or after the date.of publication of
this Act in the Official Gazette, unless he,-
(a) possesses oue of the degrees as a regular full time student from
a university; or possesses degree of the Associate Membership
Examination of the Institution of the Engineers (India); and
(b) has rendered eight years service as Sub-Divisional Officer (Group
B Service) and passed the departmental examination of Group
B Service:
Provided that the Government rnay relax the condition of
eight years service in the case of an officer who has completed
five years service;
(c) has not more than one wife living or, in the case of a women,
Recruitment to
Service,
Qualification,
HARYANA GOVT. GAZ. (EXTRA.), OCT. 25, 2OrO
(KRTK. 3, t932 SAKA)
r89
is not married to a person already having a wife living:
Provided that the Government may, if satisfied that there
are special grounds for doing so, exempt any person from the
operation of this condition.
7, (l) A Committee comprising such members, as may be notified by Appointmenr by
theGovernment,shallbeconstitutedtopreparealistofofficerssuitable;91Promotion.
promotion to the senior scale of the Service separately for Civil, Mechanical,
Computer and Electrical cadre. The selection for inclusion in such list shall be
based on seniority-cum-merit.
(2) The Committee shall meet at.intervals ordinarily not exceeding
one year and consider the cases of all eligible officers for promotion to the
senior scale of the Service, as on the First day of January of thar year.
(3) The names of the officers included in this list shall be arranged
in order <lf inter-se seniority in Group B Service separately for Civil, Mechanical,
Computer and Electrical cadre.
(4) The list so prepared shafl be revised ev€ry year.
(5) If in the .process of preparing the list or its revision, it is
proposed to supersede any eligiUe candidate, the Committee shall draw up a
list of such officers and may record its reasons for the proposed supersession.
(6) The list prepared or revised in accordance with the provisions
of sub-sections (L), (3), (4) and (5) shi,tl be forwarded to the Commission by the
Government along wi
(i) the records of all officers included in the tist;
(ii) the records of all officers proposed to be superseded as a
result of the recommendations made by the commitlee;
(iiD the reasons, if any, recorded by the committee for the
proposed supersession of any officer; and
(iv) the observations. if any, of the Government on the
recommendations of the Committee.
(7) The Commission shall consider the list prepared by rhe
Committee alongwith other documents received from the Government and,
unless it considers any change necessary, approve the lisr
(8) If the Commission considers it necessar-v to make any change
in the list received from the Government. it shall inform the Government of the
changes proposed and after taking into account the comments, if any, of the
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Government, may approve the list finally with such modification. if any, as may,
in its opinion, be just and proper.
(9) Appointment by promotion may be made to the Service or to
any post in the cadre in an officiating capacity from the list prepared under this
sectlon.
(10) It shall not ordinarily be necessary to consult the Commission
before promotion under sub-section (9) is made, unless during the period
intervening between the inclusion of the name of the officer in the list and the
date of the proposed promotidn, there occurs any deterioration in the work of
the officer which in the opinion of the Government is such as to render him
unsuitable for promotion to the Service.
Promorion within 8. (l) Subject to the provisions of sub-sections (2) and (3), members
Service' of the Service of the respective cadre shall be eligible for promotion on the basis
of degree required for initial appointment to any of the post within their
respective cadres:
Provided that a member of Group B service who does not possess
:::,'T,'i""..;:'n:fi JiTT:'il,li"',':ilH:i"#';l:fi ix"Tl;*:.'ff it:
has acquired the requisite qualifications:
Provided further that promotion to the post of Engineer-in-Chief
shall be made from dmongst the members of the Civil cadre only:
Provided further that in case of Mechanical, Computer and Electrical
. cadre, an Executive Engineer having an experience of seven years, may be
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Engineer of Civil cadre having equivalent length of Service as Executive
Engineer has been promoted as Superintending Engineer:
Provided further that in the case of Mechanical, Computer and Electrical
cadre, a Superintending Engineer having an experience of three years, may be
given the pay scale of the post of Chief Engineer as a personal measure while
3il :iiJ:ffi , fi ff i*'.':, 3;'':ff : ;"1, : ; ffi ,[Tl; 13. ff 1T ::il: 1:
Superintending Engineer has been promoted as Chief Engineer.
Explanation.-Once an officer has been appointed as member of the
Service, his promotion within the Service from one rank to another shall be
regarded as promotion within the same cadre.
(2) Promotion shall be made by selection on the basis of seniority-
cum-merit and suitability in all respects and a member of the Service shall not
HARYANA GOVT. GAZ.
(KRTK. 3,
(EXTRA.), OCT. 25, 2Ol0
1932 SAKA)
HARYANA GOVT. GAZ. (EXTRA.), ocT. 25, 2Or0
(KRTK. 3, 1932 SAKA)
have any claim to such promotion as a matter of right or mere seniority'
(3) A member of the Service shall not be eligible for promotion to
the rank of-
(a) Superintending Engineer, unless he has rendered seven years
Service as an Executive Engineer;
(b) Chief Engineer. unless he has rendered three years Service
as Superintending Engineer;
(c) Engineer-in-Chief, unless he has rendered two years Service
as Chief Engineer:
Provided that if, it appears to be necessary to promote an officer
who has successfully completed his probation, in public interest, the Government
may, for reasons to te recorded in writing, either generally for a specified period
o,. in any individual case, reduce the period specified in clauses (a)' (b) or (c)
to such an extent, as it may deem proper'
g. The Government may, in special circumstances, with the approval
of the Commission, appoint an officer to the Service by transfer'
1.0. (1) The officer appointed to the Service shall remain on probation
for a period of one Year:
Provided that-
any period after appointment to the service spent on
deputation on a corresponding or a higher post shall count
towards the period of probation fixed under this section;
(b) in the case of an appointment by transfer, any period of
work in the rank of Executive Engineer or above, prior to
appointment to the Service may, at the discretion of the
Government, be allowed to be counted towards the period
of probation fixed under this section; and
(c) an officiating appointment in the Service shall be reckoned
as a period spent on probation but no member of service
who has thus officiated shall, on the completion of the
specified period of probation, be entitled to be confirmed,
unless he is appointed against a cadre post'
(2) If the work or conduct of an officer appointed to the Service
during the period of probation is, in the opinion of the Government' not
satisfactorY, it maY-
191
Appointment bY
transfer.
Probation.
Seniority.
192 HARYANA GOVT. GAZ (EXTRA.). OCT. 25. 2OL0
(KRTK. 3, 1932 SAKA)
(a) revert him from to his former post; or
(b) deal with him in such other manner, as the terms'and
conditions of his previous appointment permit; or
(c) excend his period of probation and thereafter pass such
order, 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.
(3) On the completion of the period of probation of an officer, the
Government may, if his work or conduct has, in its opinion, been satisfactory,-
(a) confirm such person in his appointment; or
O) if no cadre post is vacant for him, declare that he has
completed his probation satisfactorily.
11. (I) The seniority of the members of the Service shall be determined
separately for the Civil, Mechanical, Computer and Electrical cadre.
(2) Executive Engineer promoted from Group B Service shall be
senior to the Executive Engineer appointed by transfer.
(3) In the case of the Executive Engineers appointed by transfer
from different cadres, their seniority shall be determined according to pay,
preference being given to a member, who was drawing a higher rate of pay in
his previous appointm€nt, and if thc. ratcs of pay drewn are also the same, then
- by the length of their service in the appointments; end if the length of such
service is also the same, the older member shall be senior to the younger
member.
(4) Where a member of the Service, for a cause which the
Government considers to be sufficient, is unable to join the Service or continues
with the Government's approval on deputation outside the Service, it shall be
open to the Government to allow him credit for such service as if it was a Service
rendered under this Act for the purposes of the fixation of his seniority.
Explanation.-All employment on deputation after a member has joined
the Service and has had his seniority fixed under this Act, shall count as if it
was ernployment in the Service and shall not in any way affect the seniority
already fixed, except to the extent that such seniority would in any case have
been affected, had the member of the Service continued to work in the Department.
12. The members of the Service shall be entitled to such scales of pay
including special pay, as may be notified in the Official Gazette by the
Government.
Pay
HARYANA GOVT. GAZ.
(KRTK- 3'
(EXTRA.), ocT. 25,2010
1932 SAKA)
193
13. The terms and conditions in respect of leave, pension and other
shall be such, as maY be
Leave, p€nslon
and other matters'
cognate matters not expressly provided for this Act'
prescribed'
|4.EverymemberoftheserviceshallgethimselfvaccinatedandVaccination.
revaccinated as und l"h"n the Government so directs by special or general order'
15. In matters relatin s and appeals' members of Descipline'
the Service shall be governe (Punishment and Appeal) ffi:Iil 
*'
Rules, as may be framed by time to time'
16. Every member of the Service, unless he has already done so' shall oath of
be required to taie the oath of ailegiance to India and to the constitution og allegiance'
India as bY law established'
17. .o A member of the service shall be liable to serve under the Liabilitv to serve'
Government at any place whether within or outside the State of Haryana'
@Amemberoftheservicemayalsobedeputedtoserveunder,-
(i) Bhakra Beas Management Board' Uppe( Yamuna River
BoardorCenhalWaterCommissionoranyotherBoardor
Corporation, as may be notified by the Government;
(ii) a company, an association or a body of individuals whether
incorporatedornot'whichiswhollyorsubstantiallyowned
or controlled by the Government' a municipal corporation
or a local authority within the State of Haryana;
(iii) the Central Government or a companY' an association or a
bodyofindividualswhetherincorporatedornot'whichis
wholly o stantially owned or controlled by the Central
Government; or
(iv)anyotherStateGovernment,aninternationalorganization,
an autonomous body not controlled by the Government or
a Private bodY:
ProvidedthatnomemberoftheServiceshallbedeputedto
serve the Central Government or any other State Government or any organization
orbodyreferredtoinclauses(iii)and(iv)exceptwithhisconsent.
(3)Everypersonappointedtotheserviceshall,ifsorequired,
serve in any defence service o, po,. connected with' the d:fl::f India for a
period not less than four years including the period spont on training' if any:
Provided that such Person-
(a) shall not be required to serve as aforesaid after the expiry of ten
years from the date of appointment to the Service: and
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Publication of
grounds of
dismissal.
General.
Power to relax.
Reservations.
Power to make
rules.
Repeal and
savrngs.
t94 HARYANA GOVT. GAZ. (EXTRA.), OCT. 25,20t0
(KRTK. 3, 1932 SAKA)
(b) shall not ordinarily be required to serve as aforesaid after
attaining the age of forty years.
18. If a member of the Service is dismissed by the Government or other
competent authority as a result of a departmental enquiry or an enquiry under
the Public Servants (Inquiries) Act, 1850 (Act 37 of 1850) or on conviction on
a criminal charge by a Court, the Government may publish in the Official
Gazette. the reasons for such dismissal, if it is of the, opinion that such publication
is desirable in the public interest.
19. In all matters not expressly provided for in this Act, the members
of the Service shall be governed by such general or special rules as may have
been, or may hereafter be, framed by Government, from time to tirne.
20. Where the Government is satisfied that the operation of any of the
provisions of this Act causes undue hardship in any particular case, it may, by
order, dispense with or relax the requirements of that provision to such an
extent, and subject to such conditions, as it may consider necessary for dealing
with the case in a just and equitable manner.
21. Nothing contained in this Act shall affect reservations and other
concessions required to be provided for Scheduled Castes, Scheduled Tribes,
Backward Classes, Other Backward Classes, Ex-Servicemen, persons with
disabilities or any other class or category of persons in accordance with the
orders issued by the Government in this regard.
22. 0) The Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid, as soon as may
be, after it is made, before the House of the State Legislature, while it is in
session.
' The Haryana Service of Engineers, Class 1, Public Works Department
(Building and Roads Branch), (Public Health Branch) and (Inigation Branch)
respectively Act, 1995 (20 of 1995), in its application to the Irrigation Branch,
now Irrigation Department, is hereby repealed:
Provided that such repeal shall not affect-
(a) any penalty or punishment imposed as a result of disciplinary
proceedings under the Act so repealed;
(b) any disciplinary action or proceedings initiated or pending
under the Act so repealed;
(c) any relaxation in qualifications granted to any member of the
Service under the Act so repealed;
HARYANA GOVT. GAZ. (EXTRA.), OCT. 25,2010
(KRTK. 3, 1932 SAKA)
(d) the benefits availed of by the persons who have retired from
service during the period commencing from the lst day of
November, tqOO and ending with the date of publication of
this Act in the Official Gazette;
(e) the qualifications of persons f,lready recruited and of those for
whom the process of recruitment has been initiated under the
Act so rePealed;
(f) the officers alreadY Promoted,
and the Punjab Service of Engineers, Class I, Public Works Department (Irrigation
Branch) Rutds, 1964 shall continue to be in force as if the same had not been
repealed for the persons who were members of the Service before the lst day
of November, 1966
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t96 HARYANA GOVT. GAZ. (EXTRA.), OCT. 25,2010
(KRTK. 3, 1932 SAKA)
APPEI\TDIX A
lSee section 3(l)l
The cadre strength of the Service shall be determined each year for Civil,
Mechanical, Computer.and Electrical cadre separately in the follorving manner:-
The number of posts shall be calculated as under:-
(a) first add-
(l) permanent posts [three years and over posts, i.e..posts which
have existed continuously for three years or more prior to the
first day of Januaryl;
(2) notional posts to be determined as follow:-
(i) enumerate posts which have existed during the last three
years, preceding the first day of January, detailing the
number of months for which they have existed; all periods
of 15 days or above counted as a whole month;
(ii) add the total number of months computed at (D above;
(iii) divide (ii) by 36 to the nearest whole number to obtain the
number of notional posts to be included;
(3) deputation posts lthese shall be equivalent to the number of
officers on deputation, whether in the State or outside, on the
first day of Januaryl;
to the total of items (l), (2) and (3) (to be callcd 'X'), further add
seve d a half percent of 'X' as leave reserves (the total thus
arrived to be called 'Y');
the cadre strength shall, for the year in question be 'Y' minus fifteen
per cent of 'Y' calculated to the nearest whole number. The balance
of 'Y' minus cadre posts as calculated above shall represent
ex-cadre posts:
Provided that-
(i) the number of cadres posts for the year in no case be less than
the number of officers confirmed against such posts;
(b)
(c)
HARYANA GOVT. GAZ. (E)(IRA.), OCT. 25,2OlO
(KRTK. 3, 1932 SAKA)
(ii) where as a result of the application of clause (i) of the proviso,
the number of senior cadre posts becomes larger than the number
worked oul the excess number shall be reduced as and when
confirmed officers retire, or leave the Service otherwise;
(iii) the number of ex-cadre senior posts corresponding to the excess
number, if any arrived at under clause (i), shall be reduced.
Explanation.-The Government shall not appoint ofFtcers
against ex-cadre posts except to the extent that divisional or
higher posts exist at any given time;
(d) of the senior posts thus determined, the number of cadre posts of
Superintending Engineers and above shall be determined from time
to time by the Government in consultation with the Finance
Department. All other senior cadres posts shall be in the rank of
Executive Engineer:
Provided that there may be ex-cadre posts of Executive Engineer
or of higher ranks depending upon the actual requirements of the Department.
R. C. BANSAL,
SECRETARY TO GOVERNMENT, HARYANA,
LAW ANID LEGISLATTVE DEPARTMENT.
4?823-L.R.-H.G.P., Chd.
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