LexThe Himachal Pradesh Recruitment And Conditions Of Service Of Government Employees Act, 2024
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH RECRUITMENT AND
CONDITIONS OF SERVICE OF GOVERNMENT
EMPLOYEES ACT, 2024
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Method of recruitment.
4. Conditions of service.
5. Regularisation of persons working on contract basis.
6. Extension of service benefits.
7. Validity of rules and orders, etc.
8. Amendment in Column 10 of the rules.
9. Overriding effect.
10. Power to make rules.
11. Power to remove difficulties.
12. Repeal and savings.
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THE HIMACHAL PRADESH RECRUITMENT AND
CONDITIONS OF SERVICE OF GOVERNMENT
EMPLOYEES ACT, 2024
(Act No. 23 of 2025)1
(Received the assent of the Governor on the 7th February,
2025 and was published both in Hindi and English in the Rajpatra (e-
Gazette), Himachal Pradesh dated 7th February, 2025, pp. 13042-
13049).
AN ACT to regulate the recruitment and conditions of service of
persons appointed, to public services in connection with the
affairs of the State and matters con nected therewith or
incidental thereto.
WHEREAS, article 309 of the Constitution provides for making law for
regulating the recruitment, and conditions of service of persons
appointed, to public services and posts in connection with the affairs
of the State;
1. Passed in Hindi by th e Himachal Pradesh Vidhan Sabha For Statement of Objects
and Reasons see the Rajp atra, Himachal Pradesh (e-Gazette), dated 20 th December,
2024, pp. 9920, 9924 and 9925.
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THE HIMACHAL PRADESH RECRUITMENT AND CONDITIONS OF SERVICE
OF GOVERNMENT EMPLOYEES ACT, 2024
AND WHEREAS, in the recruitment and promotion rules framed in
exercise of the powers conferred under the proviso to article 309 of
the Constitution, the appointments on contract basis have also been
included;
AND WHEREAS, on account of inclusion of contract appoi ntments in
the recruitment and promotions rules, these appointments are being
treated as appointments to the public services;
AND WHEREAS, since, the service conditions of the persons working on
contract basis are regulated as per the agreement signed between the
parties, the various service rules applicable to the Government
employees, are not applicable to them and as such the contract
appointees are not part of public service;
AND WHEREAS, it is necessary to harmonise the interests of the persons
appointed on regular basis to the public services and on contract
basis;
NOW THEREFORE, it is expedient to exclude the contract appointments
from the recruitment and promotion rules.
BE it enacted by the Legislative Assembly of Himachal Prades h in the
Seventy-fifth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the
Himachal Pradesh Recruitment and Conditions of Service of
Government Employees Act, 2024.
(2) It shall come into force on such date 1 as the State
Government may, by notification in the Rajpatra (e -Gazette), Himachal
Pradesh, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Competent Authority” means an authority, as may be
prescribed;
1. Act came into force from 20th February, 2025 vide Notification No. PER (AP)-C-A(3)-
6/2024, dated 19th February, 2025, p. 13321.
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THE HIMACHAL PRADESH RECRUITMENT AND CONDITIONS OF SERVICE
OF GOVERNMENT EMPLOYEES ACT, 2024
(b) “Department” means any Department of the Government
of Himachal Pradesh;
(c) “Government” or “State Government” me ans the
Government of Himachal Pradesh;
(d) “Government employee” means a person appoi nted to the
public services on regular basis;
(e) “notification” means a notification published in the
Rajpatra (e-Gazette), Himachal Pradesh;
(f) “prescribed” means prescribed by rules made under this
Act; and
(g) “State” means the State of Himachal Pradesh.
3. Method of recruitment. —All recruitments to the public
services in the State shall be made by regularisation of services, or
by promotion, or in the manner as may be prescribed.
4. Conditions of service. —The conditions of service of a
Government employee shall be such, as may be prescribed.
5. Regularisation of persons working on con tract basis. —
Notwithstanding anything contained in any law, rule, notification,
Government order etc. for the time being in force, the services of a
person appointed on contract basis or on daily wage basis shall be
regularised, in the manner and subjec t to fulfillment of such terms
and conditions, as may be prescribed.
6. Extension of service benefits. —(1) The service benefits
available under various Central Civil Services Rules, as applicable
in the State, the Himachal Pradesh Civil Services Rules, and other
service benefits such as, seniority, increment, promotion, etc. shall
be applicable only to the employees appointed on regular basis.
(2) No person working in any Government Department, who
has not been appointed as per the provisions of th is Act and rules
made thereunder on regular basis shall b e entitled to service benefits
available under the various Central Civil Services Rules, as
applicable in the State, the Himachal Pradesh Civil Services Rules
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THE HIMACHAL PRADESH RECRUITMENT AND CONDITIONS OF SERVICE
OF GOVERNMENT EMPLOYEES ACT, 2024
and other service benefits such as, seni ority, increment, promotion
etc.:
Provided that a person shall be entitled for service benefits only
from the date of regularisation of his services:
Provided further that a person whose services have been
regularised after 12th December, 2003 shall also be entitled to
service benefits from the date of regularisation, as if their services
have been regularised under the provisions of this Act:
Provided also that the service benefits already extended to the
persons for the service other than regular service shall stand
withdrawn.
7. Validity of rules and orders, etc. —No rule, regulation,
order, direction, or notification made or published and no
adjudication, inquiry or act done under any of the provisions of this
Act or the rules made thereunder, which is substantially in
consonance with the same, shall be deemed to be illegal, void or
invalid only by reason of any defect or form.
8. Amendment in Column 10 of the rules.—Notwithstanding
anything contained in any judgment, decree or order of any court;
law, rule, notification, order, etc., for the period commencing on and
from 12th December, 2003 and ending on the date of
commencement of this Act, in Column number 10 of the
recruitment and promotion rules notified in exercise of po wers
conferred by proviso to article 309 of the Constitution of India, the
words “on contract basis”, or such simlar words conveying the same
meaning, wherever occurs, the words “by regularisation” shall be
deemed to have always been substituted as if t his Act had been in
force at all material times:
Provided that the appointments, if any, already made on
contract basis will be regularised or deemed to have been regularised
under the provisions of this Act.
9. Overriding effect. —The provisions of this Act shall have
effect notwithstanding anything inconsistant therewith contained in
any other law, rule, notification, etc., if any.
10. Power to make rules. —(1) The State Government may,
by notification in the Rajpatra (e-Gazatte), Himachal Pradesh; and
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THE HIMACHAL PRADESH RECRUITMENT AND CONDITIONS OF SERVICE
OF GOVERNMENT EMPLOYEES ACT, 2024
after previous publication, make rules for carrying out the purposes
of this Act.
(2) Every rule made under this section shall be laid, as soon
as may be after it is made, before the Legislative Assembly, while it
is in session for a total period of not less than ten days which may
be comprised in one session or in two or more successive sessions
and if, before the expiry of the session in which it is so laid or the
session immediately following, the Assembly makes any
modification in the rule or decides that the rules should not be made,
the rule shall, thereafter, have effect only in such modified form or
be of no effect, as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity
of anything previously done under that rule.
11. Power to remove difficulties. —(1) If any difficulty arises
in giving effect to the provisions of this Act, the Gov ernment may,
by general or special order, published in the Rajpatra (e-Gazette),
Himachal Pradesh, make provision, not inconsistent with the
provisions of this Act, as appear to it to be necessary or expedient
for removing difficulty:
Provided that no such order shall be made under this
section after the expiry of a period of two years from the
commencement of this Act.
(2) Every order made under this section shall, as soon as
may be after it is m ade, be laid before the State Legislative
Assembly.
12. Repeal and savings. —(1) All rules, notifications, etc.
made or notified in exercise of the powers conferred by the proviso
to article 309 of the Constitution of India, which are contrary to the
provisions of this Act, are hereby repealed.
(2) Without prejudice to the provisions contained in the
Himachal Pradesh General Clauses Act, 1968 with respect to
repeals, any rule made under the proviso to article 309 of the
Constitution, any notification, rule, order, appointment, decision,
direction, approval, authorisation, consent, application, request or
thing made, issued, given or done except to the extent that a
provision may be inconsistent with the provisions of this Act,
continue to be in force and shall have effect as if made un der the
corresponding provisions of this Act.