The Haryana Service of Engineers, Group A, Public Works (Building and Roads) Department Act, 2010 (30 of 2010)

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THE HARYANA SERVICE OF ENGINEERS, GROUP A,
PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
ACT, 2010.
(Haryana Act No. 30 of 2010)
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.
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.
24. Repeal and savings.
Appendix A
Appendix B
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AN
ACT
 to regulate the recruitment and conditions of service of persons
appointed to the Haryana Service of Engineers, Group A,
Public Works (Buildings and  Roads) Department.
Be it enacted by the Legislature of the State of Haryana in the Sixty-
first Year of the Republic of India as follows :—
1. (1)  This Act may be called the Haryana Service of Engineers,
Group A, Public Works (Buildings and  Roads) Department Act, 2010.
3[(2) It shall be deemed to have come into force on the 4th
November, 2010.
(3)   It shall apply to the persons who are members of the Service
and have been appointed on or after the 4th November, 2010.]
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,
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(Haryana Act No. 30 of 2010)
[Received the assent of the Governor of Haryana on the
12th October, 2010, and first published for general information in the
Haryana Government Gazette (Extraordinary), Legislative Supplement
Part I of the 4th November, 2010]
  1  2        3 4
Year No. Short Title Whether repealed or otherwise
affected by legislation
2010 30 The Haryana Service Amended by Haryana Act 38 of
of Engineers, 2019. 2
Group A, Public works
(Buildings and Roads)
Department Act, 2010
1. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 5th September, 2010, Page 6849.
2. For Statement of Objects and Reasons, see Haryana Government Gazette (Extraordinary),
dated the 2nd November, 2019, Page 4171.
3. Substituted by Haryana Act 38 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 Works  (Buildings and
Roads) 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 pur-
poses 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 Works (Buildings and Roads)
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 Works (Buildings and Roads) Department
comprising three separate cadres of Civil, Electrical 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 three cadres of Service, namely, Civil,
Electrical and Mechanical comprising of 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 cadre so determined shall remain in force
till it is revised by the Government.
(2)  The officers of Civil, Electrical and Mechanical cadres shall
be posted or appointed only against the respective posts in their cadre.
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.
(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
Cadre and its
strength.
Nationality and
domicile of
candidates.
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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.
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 cadre even beyond fifty percent may be filled
up by promotion of members of Group B Service or by transfer, as may be
decided by the Government.
(3) In the case of persons who were members of the Service as
on 1st day of November, 1966, it shall be assumed that the member 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 Engineers.
(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, from time to time:
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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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 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 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
Engineering, whereas those to be recruited in the Electrical
cadre shall possess qualification in Electrical Engineering
and whereas those to be 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 case 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, Electrical
and Mechanical cadre. The selection for inclusion in such list shall be
based on seniority-cum-merit.
Appointment
by promotion.
Age.
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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,
Electrical and Mechanical cadre.
(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 modifications, 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.
(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.
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(11) It shall not ordinarily be necessary to consult the
Commission before appointment under sub-section (9) or (10) 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 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 cadre:
Provided that a member of Group B Service 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[Provided further that there shall be a common cadre for
promotion to the post of Engineer -in-Chief:
Provided further that there shall be separate post of Chief
Engineer (Electrical) for Electrical cadre and Chief Engineer (Mechanical)
for Mechanical cadre and same shall be filled up by the Committee
constituted under section 8 on the basis of seniority-cum--merit. The
seniority shall be determined by the length of Service on the post of
Superintending Engineer in their respective 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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(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 –
(a) dispense with his Services, if recruited by direct
appointment; and
Appointment
by transfer.
Probation.
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(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, Electrical and Mechanical cadre.
(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:
Seniority.
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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 promoted from Assistant Executive
Engineer shall be senior to the Executive Engineer promoted
from Group B Service or appointed by transfer; and
(b) 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.
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 :
Pay.
Leave, pension
and other
matters
.
Departmental
examination.
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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.
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 / Affirma-
tion 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;
Vaccination.
Discipline,
penalty and
appeal.
Oath of
allegiance.
Liability to
serve.
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PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
438
(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.
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
Reservations.
Publication of
grounds of
dismissal.
General.
Power to relax.
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PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
439
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 Buildings and Roads Branch now  Public Works (Buildings and
Roads) 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;
(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 ;
1[(f) the officers promoted, recruited or appointed, in the
Buildings and Roads Branch now called Public Works
(Buildings and Roads) Department, prior to the notification
of this Act shall continue to be governed and regulated by
the Haryana Service of Engineer, Class I, Public Works
Department (Building and Roads Branch), (Public Health
Branch) and (Irrigation Branch) respectively) Act, 1995 (20
of 1995).]
and the Punjab Service of Engineers, Class I, P.W.D. (Buildings and
Roads Branch) Rules, 1960 shall continue to be in force as if the
same had not been repealed for the persons who were members of
Service before the Ist day of November, 1966.
Power to make
rules.
Repeal and
savings.
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PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
1. Substituted by Haryana Act 38 of 2019.
440
APPENDIX  A
[See section 3(1)]
The cadre strength of the Service shall be determined each year for
Civil, Electrical  and Mechanical Cadre 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 obtain 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;
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SERVICE OF ENGINEERS, GROUP A,
PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
441
(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 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 Engineer or of higher ranks depending upon
the actual requirements of the Department.
II. Junior Scale posts (Assistant Executive Engineers) :— The number
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 Engineer each
year].
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SERVICE OF ENGINEERS, GROUP A,
PUBLIC WORKS (BUILDINGS AND  ROADS) DEPARTMENT
442
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 In-
dia 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 affir-
mation 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 WORKS (BUILDINGS AND  ROADS) DEPARTMENT

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