The Haryana Service of Engineers, Group A, Public Health Engineering Department Act, 2009 (9 of 2009)

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THE  HARYANA  SERVICE  OF  ENGINEERS,  GROUP  A,
PUBLIC  HEALTH  ENGINEERING  DEPARTMENT  ACT, 2009
(Haryana Act No. 9 of 2009)
Table of contents
SECTIONS:
1. Short title, commencement and application.
2. Definitions.
3. Cadre and its strength.
4. Nationality and domicile of candidates.
5. Recruitment to Service.
6. Qualifications.
7. Age.
8. Appointment by promotion.
9. Promotion within Service.
10. Appointment by transfer.
11. Probation.
12. Seniority.
13. Pay of members of Service.
14. Leave, pension and other matters.
15. Departmental examination.
16. Vaccination.
17. Discipline, penalty and appeal.
18. Oath of allegiance.
19. Liability to serve.
20. Publication of grounds of dismissal.
21. General.
22. Power to relax.
23. Reservations.
24. Power to make rules.
25. Repeal and savings.
Appendix A
Appendix B
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SERVICE  OF  ENGINEERS,  GROUP  A,  PUBLIC
HEALTH  ENGINEERING  DEPARTMENT
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HEALTH  ENGINEERING  DEPARTMENT
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1THE  HARYANA  SERVICE  OF  ENGINEERS,  GROUP  A,
PUBLIC  HEALTH  ENGINEERING  DEPARTMENT  ACT, 2009
(Haryana  Act  No. 9 of  2009)
[Received the assent of the Governor of Haryana on
the 19th March, 2009, and first published for general information in the
Haryana Government Gazette (Extraordinary), Legislative Supplement
Part I of the 20th March, 2009]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2009 9 The Haryana Amended by Haryana Act No.
Service of 14 of 2019 /g21
Engineers,
Group A, Public
Health Engineering
Department /g36/g70/g87/g15/g3/g21/g19/g19/g28
AN
ACT
to regulate the recruitment and conditions of service of persons
appointed to the Haryana Service of Engineers, Group A, Public
Health Engineering Department.
BE  it enacted by the Legislature of the State of Haryana in the
Sixtieth Year of the Republic of India as follows :—
1. (1) This Act may be called the Haryana Service of Engineers,
Group A, Public Health Engineering Department Act, 2009.
3[(2) It shall be deemed to have come into force on the 20th
March, 2009.
(3) It shall apply to the persons who are members of the
Service and have been appointed on or after the 20th March, 2009.]
2. In this Act, unless the context otherwise requires,—
(a) “appointment to the Service” means an appointment made
to a cadre post in Service and includes an appointment,
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 12th February, 2009, Page 527.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extra.), dated
the 2nd November, 2019, Page 4171.
3. Substituted by Haryana Act 14 of 2019.
Short title,
commencement
and application.
Definitions.
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made according to the terms and provisions of this Act,
to an officiating vacancy of a cadre post in Service;
(b) “Assistant Executive Engineer” means a member of the
Service in the junior scale of pay;
(c) “Appendix” means Appendix annexed to this Act;
(d) “cadre post” means a permanent post in the Service;
(e) “Chief Engineer” means a Chief Engineer of the
Department and includes a post declared by the
Government as equivalent;
(f) “Commission” means the Haryana Public Service
Commission or any other authority notified  by the
Government;
(g) “competent authority” means such officer or authority,
as the Government may, by notification in the Official
Gazette, appoint, to  perform the functions of a competent
authority under this Act;
(h) “Department” means the Public Health Engineering
Department;
(i) “direct appointment” means an appointment by open
competition but does not include—
(i) an appointment by promotion; and
(ii) an appointment by transfer of an officer already in
the service of a State Government or Central
Government;
Explanation.— A Group B Officer who enters the Service
by open competitive selection, shall, for the purposes
of this Act, be deemed to have entered the Service
by direct appointment;
(j) “Engineer-in-Chief”  means an Engineer-in-Chief of  the
Department and includes a post declared by the
Government as equivalent;
(k) “ex-cadre post”  means a temporary post not included in
the Service, appointment on which confers no right to
seniority;
(l) “Executive Engineer” means an officer-in-charge of a
Division;
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(m) “Government” means the Government of the State of
Haryana in  the Administrative Department;
(n) “Group B Service” means the Haryana Service of
Engineers, Group B in Public Health Engineering
Department;
(o) “member of the Service” means an officer appointed
substantively to a cadre post and includes,—
(i) in the case of a direct appointment, an officer on
probation or such an officer who, having successfully
completed his probation, awaits appointment to a
cadre post;
(ii) in the case of an appointment by transfer, an officer
on probation or such an officer who, having
successfully completed his probation, awaits
appointment to a cadre post, provided such officer
does not have a lien on a substantive post in any
Government Department;
Explanation.— It is not necessary that a member of the
Service shall at any given time be ordinarily doing
the work of a cadre post. He may be working on an
ex-cadre post for reasons of administrative
convenience or while officiating against an ex-cadre
post will be deemed to be performing  the duties of
a cadre post;
(p) “prescribed”  means prescribed by rules made  under
this Act;
(q) “Service” means the Haryana Service of Engineers, Group
A, Public Health Engineering Department comprising two
separate cadres of  Civil and Mechanical;
(r) “Superintending Engineer” means an officer-in-charge
of a Circle and includes a post declared by the
Government as equivalent;
(s) “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,
1947, the Punjab, Sind or Dacca University; and
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(iii) any other university, which is declared by the
Government to be a recognized or deemed university
for the purposes of this Act.
3. (1) There shall be two cadres of Service, namely, Civil and
Mechanical comprising various posts as may be determined separately
for each cadre on the 1st 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.
(2) The officers of Civil and Mechanical cadres shall be
posted or appointed only against the respective posts in their cadre.
(3) Notwithstanding 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
(b) a subject of Sikkim; or
(c) a subject of Nepal; or
(d) a subject of Bhutan; or
(e) a Tibetan refugee who came over to India before
the 1st day of January, 1962, with the intention of
permanently settling in India; or
(f) a person of Indian origin who has migrated from
Pakistan with the intention of permanently settling
in India:
Provided that a candidate belonging to any of the categories
(c), (d), (e) or (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 on his furnishing proof that he has applied for the
Cadre and its
strength.
Nationality
and domicile
of candidates.
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certificate and he may also provisionally be appointed subject to the
necessary eligibility certificate being given to him by the competent
authority.
5. (1) Recruitment to the Service in the respective cadre shall
be made by the Government  by any one or more of the following
methods:—
(a) by direct appointment; or
(b) by transfer of an officer already in the service of a
State Government or the Central Government; or
(c) by promotion from Group B Service of the respective
cadre.
(2)  Recruitment to the cadre post shall be so regulated that
the number of  posts in the respective cadre  filled by promotion from
Group B Service shall not exceed fifty percent  of the cadre strength   in
respective cadre excluding the posts of Assistant Executive Engineers :
Provided that if adequate number of Assistant Executive
Engineers who are eligible and fit for promotion are not available, the
cadre posts in the respective cadres even beyond fifty percent  may be
filled up by promotion of members of Group B Service or by transfer
as may be decided upon by the Government.
(3) In the case of persons who were members of the Service
as on 
1[the 20th March, 2009] it shall be assumed that the number
recruited by promotion from Group B Service is in accordance with the
provisions of sub-section (2) and future recruitment shall be based upon
this assumption.
(4) All first direct appointments to the Service shall be made
to the posts of Assistant Executive Engineer.
(5) An officer promoted from Group B Service shall be
appointed to the post of Executive Engineer.
(6) Appointment by transfer of an officer shall ordinarily be
made to the rank of Executive Engineer.
(7) The selection of candidates shall be made by the
Commission, after holding competitive examination, the syllabus for
which shall be such, as may be specified by Government:
Provided that if the number of candidates is more than twenty
times the number of vacancies advertised, the Commission may hold a
screening test to shortlist the candidates for the competitive examination:
Recruitment to
Service.
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HEALTH  ENGINEERING  DEPARTMENT
1. Substituted by Haryana Act 14 of 2019.
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Provided further that a candidate shall not be considered
qualified for appointment, unless he obtains not less than forty percent
marks in each subject and also not less than fifty percent marks in the
aggregate and no candidate who fails to obtain the qualifying marks
shall be called for interview by the Commission:
Provided further that for a candidate belonging to Scheduled
Castes/Scheduled Tribes, the requirement of aggregate marks shall be
forty-five percent.
Explanation.— When so requested by the Government, the
Commission may hold a combined competitive examination
for selection to the Service as well as to any other engineering
service or services of the State and in such an event,
appointments shall be made in the order of merit indicated by
the Commission, after allowing persons that are appointed to
another service.
6. No person shall be appointed to the Service on or after the
date of publication of this Act in the Official Gazette, unless he,—
(a) in case of appointment by direct recruitment, possesses
one of the degrees or other qualifications in the respective
engineering discipline from a University or deemed
University approved by University Grants Commission
or from a technical institution approved by All India
Council of Technical Education or has passed sections A
and B of the Associate Membership Examination of the
Institution of Engineers (India). The requisite
qualifications shall  be possessed by the candidate on or
before the last day of submission of application to the
Commission :
Provided that no degree obtained through
correspondence or distance education mode from any
University or deemed University or technical institution
shall be considered for appointment by any mode of
recruitment to the Service. The degrees awarded must be
approved by All India Council of Technical Education :
Provided further that the candidates to be appointed
for Civil cadre shall be recruited with qualification in
Civil or Public Health Engineering, whereas those
recruited in Mechanical cadre shall be required to possess
qualification in Mechanical Engineering;
Qualifications.
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(b) in case of an appointment by promotion from Group B
Service, has, in addition to the qualifications provided in
clause (a), eight years completed service and passed the
departmental examination of Group B Service:
Provided that the Government may relax the
condition of eight years service in the case of an officer
who has completed five years service and in such case,
the officer shall earn the first increment as an Executive
Engineer on the completion of nine years service.
Explanation.—  For the purpose of computing eight years
service, the service in Group B, as well as in Group
A, shall be counted;
(c) is a person with a satisfactory character and antecedents,
verification in respect of which shall be arranged through
appropriate Government agency, except in cases where
such verification may have already been made at the
time of his entry into Government Service;
(d) has not more than one wife living or, in the case of a
woman, is not married to a person already having a wife
living:
Provided that the Government may, if satisfied that
there are special grounds for doing so, exempt any person
from the operation of this condition;
(e) obtains from the Standing Medical Board a certificate of
physical fitness after being examined in accordance with
the Punjab Civil Services Rules as applicable to the State
of Haryana and is considered by the Standing Medical
Board to be fit in all respects for active outdoor duties.
7. The minimum and maximum age for direct appointment shall
be such, as may be notified by the Government. The cut off date for
determining the minimum and maximum age shall be the First day of
January of the calendar year in which the vacancies are advertised by
the Commission.
8. (1) A Committee comprising such members, as may be
notified by the Government, shall be constituted to prepare a list of
officers suitable for promotion to the senior scale of the Service separately
for Civil and Mechanical cadres. The selection for inclusion in such list
shall be based on seniority-cum-merit.
Age.
Appointment by
promotion.
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(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 that year.
(3)   The names of the officers included in this list shall be
arranged in order of seniority in Group B Service separately for Civil
and Mechanical cadres.
(4) The list so prepared shall be revised every year.
(5) If, in the process of preparing the list or its revision, it
is proposed to supersede any eligible candidate, the Committee shall
draw up a list of such officers and may record its reasons for the proposed
supersession.
(6) The list prepared or revised in accordance with the
provisions of sub-sections (1), (3), (4) and (5) shall be forwarded to the
Commission by the Government along with—
(i) the records of all officers included in the list;
(ii) the records of all officers proposed to be superseded
as a result of the recommendations made by the
Committee;
(iii) the reasons, if any, recorded by the Committee for
the proposed supersession of any officer; and
(iv) the observations, if any, of the Government on the
recommendations of the Committee.
(7) The Commission shall consider the list prepared by the
Committee along with other documents received from the Government
and, unless it considers any change necessary, approve the list.
(8) If the Commission considers it necessary 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 Government, may approve the list finally with
such modification, if any, as may, in its opinion, be just and proper.
(9) Appointments to the Service shall be made by the
Government from the list in the order in which names have been
mentioned by the Commission.
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(10) 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 section.
(11)  It shall not ordinarily be necessary to consult the
Commission before appointments under sub-section (9) or (10) are made,
unless during the period intervening between the inclusion of the name
of the officer in the list and the date of the proposed appointment, there
occurs any deterioration in the work of the officer which in the opinion
of the Government is such as to render him unsuitable for appointment
to the Service.
9. (1) Subject to the provisions of sub-sections (2) and (3)
members of the Service of the respective cadre shall be eligible for
promotion to any of the posts within their respective cadres:
Provided that a member of the Service in Group B who does
not possess one of the degrees of a  University or other qualifications
as specified in section 6, shall not be eligible for promotion to the post
of Executive  Engineer till he has acquired the requisite qualifications.
1[****]
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 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) Executive Engineer, unless he has rendered five
years service  as an Assistant Executive Engineer
and has passed departmental examination as
provided in section 15:
Provided that an officer who has rendered six
years  or more service as an Assistant Executive
Engineer shall, unless he is considered unsuitable
for promotion, be given preference for such
promotion over an eligible Group B officer;
Promotion
within
Service.
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HEALTH  ENGINEERING  DEPARTMENT
1. Omitted by Haryana Act  14 of  2019.
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(b) Superintending Engineer, unless he has rendered
seven years service  as an Executive Engineer;
(c) Chief Engineer,  unless he has rendered three years
service as Superintending Engineer;
(d) 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 be recorded in writing, either generally
for a specified period or in any individual case, reduce the period specified
in clauses (a), (b), (c) or (d) to such an extent, as it may deem proper.
10. The Government may, in special circumstances, with the
approval of the Commission, appoint an officer to the Service by transfer.
11. (1) The officer 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 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 –
Appointment
by transfer.
Probation.
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(a) dispense with his services, if recruited by direct
appointment; and
(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 the completion of the period of probation of an
officer, the Government may,—
(a) if his work or conduct  has, in its opinion, been
satisfactory-—
(i) confirm such person in his appointment; or
(ii) if no cadre post is vacant for him, declare that
he has completed his probation satisfactorily;
or
(b)  if his work or conduct has in its opinion, been not
satisfactory,—
(i) dispense with his service, if recruited by direct
recruitment; or
(ii) 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; or
        (III) extend 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.
12. (1) The seniority of the members of Service shall be
determined separately for the Civil and Mechanical cadres.
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Seniority.
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(2) In the case of Assistant Executive Engineers, the order
of merit determined by the Commission shall not be disturbed in fixing
the inter se  seniority amongst them.
(3) The inter se seniority of the members of the Service
appointed as Executive Engineers shall be determined by the length of
continuous service on the cadre post of Executive Engineer:
Provided that in case of Executive Engineers directly
appointed or promoted from Assistant Executive Engineers or promoted
from Group B Service against cadre posts  or appointed by transfer
against cadre posts  on the same date, their  inter se seniority shall be
determined in the following order:—
(a) Executive Engineer directly appointed shall be senior to
all;
(b) Executive Engineer promoted from Assistant Executive
Engineer shall be senior to the Executive Engineer
promoted from Group B Service  or appointed by transfer;
(c) Executive Engineer promoted from Group B Service shall
be senior to the Executive Engineer appointed by transfer.
(4)   In the case of the Executive Engineers appointed by
transfer from different cadres, their seniority shall be determined according
to pay, preference being given to a member, who was drawing a higher
rate of pay in his previous appointment, and if the rates of pay drawn
are also the same, then by the length of their service in the appointments;
and if the length of such service is also the same, the older member shall
be senior to the younger member.
(5) 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 employment in the Service and shall not in any way
affect the seniority already fixed, except to the extent that such seniority
would in any case have been affected, had the member of the Service
continued to work in the Department.
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13. 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.
14. The terms and conditions in respect of leave, pension and
other cognate matters not expressly provided for in this Act, shall be
such, as may be prescribed.
15. (1) The officer appointed to the Service, unless he has
already done so, shall pass such departmental examination and within
such period, as may be specified by the Government :
Provided that the Government  in addition to such departmental
examination may, from time to time, specify any other test or examination
to be passed before an officer can be considered eligible for promotion
or appointment to any rank  in the Service:
Provided further that the Government may, for any sufficient
cause extend the period within which any member is required to pass
the departmental examination.
(2) If an officer fails to pass the departmental examination
within the specified or within the extended period, if any, he shall not
earn his future grade increments till such time, as he passes it when the
increments shall be released retrospectively:
Provided that he shall not be entitled to get any arrears of the
released grade increments for the period during which he could not pass
the examination.
(3) If an officer passes the departmental examination in first
attempt before the specified period, he shall be given all increments
which would have otherwise fallen due to him at the end of such period
from the following day on which the departmental examination was
completed. The above advantage conferred by this stipulation is not of
cumulative nature and later increments shall become due on the dates
on which they would have become otherwise due.
16. Every member of the Service shall get himself vaccinated
and revaccinated as and when the Government so directs by special or
general order.
17. In matters relating to discipline, penalties and appeals,
members of the Service shall be governed by the Civil Services
(Punishment and Appeal) Rules, as may be framed by the Government,
from time to time.
Pay of
members of
Service.
Leave,
pension and
other matters.
Departmental
examination.
Vaccination.
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HEALTH  ENGINEERING  DEPARTMENT
Discipline,
penalty and
appeal.
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18. Every member of the Service, unless he has already done so,
shall be required to take the oath of allegiance to India and to the
Constitution of India as by law established in the Form of Oath/
Affirmation given in Appendix B.
19. (1) A member of the Service shall be liable to serve under
the Government at any place whether within or outside the State of
Haryana.
(2) A member of the Service may also be deputed to serve
under:—
(i) a company, an association or a body of individuals
whether incorporated or not, which is wholly or
substantially owned or controlled by the
Government, a municipal corporation or a local
authority within the State of Haryana;
(ii) the Central Government  or a company, an
association or a body of individuals whether
incorporated or not, which is wholly or substantially
owned or controlled by the Central Government; or
(iii) any other State Government, an international
organization, an autonomous body not controlled
by the Government  or a private body:
Provided that no member of the Service shall be deputed to
serve the Central Government or any other State Government or any
organization or body referred to in clauses (ii) and (iii) except with his
consent.
(3) Every person appointed to the Service shall, if so
required, serve in any defence service or post connected with the defence
of India for a period not less than four years including the period spent
on training, if any:
Provided that such person-
(a) shall not be required to serve as aforesaid after the
expiry of 10 years from the date of appointment to
the Service; and
(b) shall not ordinarily be required to serve as aforesaid
after attaining the age of 40 years.
Oath of
allegiance.
Liability to
serve.
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20. 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.
21. 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 time.
22. 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.
23. 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.
24. (1) 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.
25. The Haryana Service of Engineers, Class I, Public Works
Department (Buildings and Roads Branch), (Public Health Branch) and
(Irrigation Branch) respectively Act, 1995 (20 of 1995), in its application
to the Public Health Branch, now  Public Health Engineering Department,
is hereby repealed. The Punjab Service of Engineers, Class I, Public
Works Department (Public Health Branch) Rules, 1961, in their
application to the State of Haryana, are also hereby repealed:
Provided that such repeal shall not affect—
(a) any penalty or punishment imposed as a result of
disciplinary proceedings under the Act or rules so
repealed;
Publication of
grounds of
dismissal.
General.
Power to
relax.
Reservations.
Power to
make rules.
Repeal and
savings.
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(b) any disciplinary action or proceedings initiated or pending
under the Act or rules so repealed;
(c) any relaxation in qualifications granted to any member
of the Service under the Act or rules so repealed;
(d) the benefits availed of by the persons who have retired
from service during the period commencing from the 1st
day of November, 1966 and ending with the date of
publication of this Act in the Official Gazette;
(e) the qualifications of persons already recruited and of
those for whom the process of recruitment has been
initiated under the Act so repealed;
(f) the officers already promoted.
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APPENDIX A
[See section 3(1)]
The cadre strength of the Service shall be determined each year for
Civil and Mechanical Cadres separately in the following manner:—
I. Senior posts (Executive Engineers and above)—
The number of senior posts shall be calculated as under:—
(a) first add—
(1) 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 January];
(2) notional posts to be determined as follows:-
(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 (i) above;
(iii) divide (ii) by 36 to the nearest whole number to ob-
tain the number of notional posts to be included;
(3) deputation posts [these shall be equivalent  to the number
of officers on deputation, whether in the State or outside,
on the First day of January];
(b) to the total of items (1), (2) and (3) (to be called ‘X’), further
add seven and a half per cent of ‘X’ as leave reserves (the total
thus arrived to be called ‘Y’);
(c) 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 cadre posts for the year shall in no case be
less than the number of officers confirmed against such
posts;
(ii) where as a result of the application of clause (i) of the
proviso, the number of senior cadre posts becomes larger
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than the number worked out, 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 officers 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 cadre posts shall be  in
the rank of Executive Engineer:
Provided that there may be ex-cadre posts of Executive Engi-
neer or of higher ranks depending upon the actual requirements of
the Department.
II. Junior Scale posts (Assistant Executive Engineers) :-  The num-
ber of junior posts for the year shall be—
(a) cadre posts [the posts determined by dividing the figure
‘Y’ as calculated according to the provisions of Part I above
by figure 2 and multiplying the resulting figure by the
fraction 7/23]:
Provided that the number of cadre posts for the year shall not
be less than the number of cadre posts of the year preceding it;
(b) ex-cadre posts [the number of posts shall be increased by
such number as may be necessary to ensure at least one
direct appointment to the post of Assistant Executive En-
gineer each year].
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HEALTH  ENGINEERING  DEPARTMENT
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APPENDIX B
(See section 18)
FORM  OF  OATH/ AFFIRMATION
I _____________,  do  swear / solemnly affirm  that I will be faithful
and bear true allegiance to India and to the Constitution of India as by law
established, that I will uphold the sovereignty and integrity of India and
that I will carry out the duties of my office with loyalty, honestly and
impartiality.
‘So help me God’
(Conscientious objectors of oath taking may make a solemn
affirmation in the form indicated above).
Name and designation of the officer
undertaking the oath / affirmation.
Countersigned
Name and designation of the officer in whose
presence the oath / affirmation undertaken.
——————
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SERVICE  OF  ENGINEERS,  GROUP  A,  PUBLIC
HEALTH  ENGINEERING  DEPARTMENT

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