The Nagaland Work Charged & Casual Employees Regulation Act, 2001

The Nagaland Work Charged and Casual Employees Regulation Act2001. 
Act. No. 1 2001 
Received the assent of the Governor of Nagaland on 26/03/2001 and 
published in the Nagaland Gazette Extraordinary dated: 1 1 th ofApril, 200 1. 
An Act to regulate appointment and the conditions of service of persons 
appointed as work charged employees and causal employees. 
Be it enacted in the Fifty Second year of the Republic of India as follows: 
CHAPTER I 
PRELIMINARY 
1. Short title, extent and commencement: 
1. The Act may be called the Nagaland Work-Charged and Casual 
Employees Act, 200 1. 
2. It shall extend to the whole of the State ofNagaland. 
3. It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint. 
2. Definitions: 
a. 'Appointing authority' means the appointing authority as may be 
authorised by the State Government for any department in this behalf. 
b. 'Commission' means the Commission constituted under Section 3. 
c. 'Casual employee' means an employee engaged without sanctioned 
post 
d. 'Work-charged employee' means an employee engaged without 
sanctioned post under work charge establishment. 
e. 'Work-charged establishment' means and includes such establishment 
in any department under which a person is employed upon the actual 
execution, as distinct from the general supervision, of a specific work or 
of sub-works of a specific project or upon the subordinate supervision 
of departmental labour, stores and machinery in connection with such 
work or sub-works. 
CHAPTER - I1 
WORK-CHARGED AND CASUAL EMPLOYEES COMMISSION 
3. Constitution of Commission: 
1. The State Government shall constitute the Work-charged and Casual 
Employee Commission to exercise the Powers and to perform the 
functions conferredunder this Act. 
2. The Commission shall consist of: 
a. An Officer of the State Government not below the rank of 
Commissioner & Secretary who shall be the Chairperson of the 
Commission. 
b. Engineer- in - Chief, Works & Housing 
c. A person, having special knowledge and experience connected 
with public service, nominated by the State Government. 
d. An Officer of the State Government not below the rank of Joint 
Secretary, who shall be the Member Secretary. 
The Commission may co-opt the Head of a department as Member 
where the Commission may be called upon to exercise powers and perform 
functions under this Act in respect of the department. 
4. Functions of the Commission: 
The Commission shall, subject to the general directions of the State 
Government, perform any of the following functions, namely:- 
a. recommend the norms'and the number of Work-Charged Employees 
and Casual employees for any department with due regard to workload, 
budgetary resources and such other factors as may be considered 
relevant 
b. recommend for fixing wage and other conditions of service 
c. recommend on any other matter as may be assigned by the State 
Government for the purpose of giving effect to the provisions of this 
Act. 
CHAPTER I11 
WORK CHARGED ESTABLISHMENT 
5. Appointment and Discharge of work charge Employees. 
1. The Work-Charged employees shall be entitled to the respective 
conditions of service as existing on the commencement of this Act 
except as hereinafter provided in this Act. 
2. The appointing Authority shall review the appointment of Work- 
Charged Employees within six (6) months from the date of the order 
issued by the State Government prescribing the number of work- 
charged employees on consideration of the recommendation of the 
Commission and shall also issue order re-appointing or discharging the 
service ofwork-charged employees on the basis of the recommendation 
of the Recruitment Board 
Provided that no person shall be appointed beyond the age of 60 years. 
3. The Work-Charged employees, whose services are discontinued under 
sub-section (2) above and who have completed 3 (three) years of 
service in Work -Charged establishment, shall be granted a gratuity 
equivalent to % (half) month's pay excluding special compensatory 
allowance for each completed years of service as provided under the 
Nagaland Public Works Department Code. 
6. Wage: 
The work charged employees shall be paid wage as may be prescribed by the 
State Government on the consideration of the recommendation of the 
Commission. 
Provided that the wage of the work-charged employee, who was paid a scale 
of pay at the commencement of this Act and who is re-appointed under 
subsection 2 of Section 5 of this Act, shall be not less than the last pay as may 
be determined at the time ofprescribing fixed wage. 
7. Terms of appointment: 
The appointing authority shall specify a period of appointment not beyond 
the financial year in which the appointment is made. 
8. Restriction on appointment: 
No appointment ofwork charged employees shall be made in any department 
in excess of the number prescribed by the State Government under sub 
section 2 of Section 5 and outside the panel prepared under Section 9. 
9. Constitution ofRecruitment Board : 
1. The respective department, having work-charged establishment, may 
constitute one or more recruitment Board consisting of not less than 3 
members at the centralised level of circle or division as may be 
considered necessary for making recruitment to the work-charged 
establishment under it's respective jurisdiction. 
2. The Board shall, having regard to the qualifications and skill required 
for the jobs and a1 so service experience, screen all the work-charged 
employees for the purpose of making orders under section (5) above 
and also prepare a panel for making appointment of work-charged 
employees. 
10. Other conditions of service : 
The work-charged employee shall be entitled to casual leave, holidays, 
working hours as may be prescribed in this behalf. 
11. Power to review the scale of work charged employees: 
The Commission constituted under Section (3) above shall review the wage, 
norm and scale of work-charged establishment or work-charged employees 
of any department from time to time as may be directed by the State 
Government. 
12. Scheme for absorption of Service : 
The State Government may draw up a scheme fro absorption of service of 
work-charged employees into regular Government service. 
13. Power to reserve the vacancies: 
The State Government may, with due with due regard to the identification of 
posts and jobs, make aa appropriate order to any Department for reserving 
the vacancies as may be specified for implementing the scheme formulated 
under Section (12). 
CHAPTER - VI 
CASUAL EMPLOYEE 
14. Appointment and discharge of casual employees. 
1. The appointing authority shall review the appointment of all casual 
employees and shall issue order re-appointing or discharging the 
service of casual employees in accordance with the procedure that may 
be prescribed in this behalf. 
2. No appointment of casual employees shall be made in any department 
in excess of the norm as may be prescribed by the State Government for 
such department on consideration of the recommendation of the 
Commission. 
15. Wage: 
The casual employee shall be paid a wage as may be prescribed by the State 
Government on consideration of the recommendation of the Commission 
constituted under Section (3). 
16. Terms of appointment: 
The appointing authority shall specify a period of appointment not exceeding 
beyond the Financial year in which the appointment is made. 
17. Other conditions of service: 
The casual employee shall be entitled to causal leave, holidays, working 
hours as may be prescribed in this behalf. 
CHAPTER - V 
MISCELLANEOUS 
18. Penalty: 
Any official acting in contravention of this Act or the Rules made under this 
Act shall be liable to a punishment of fine which may extend to Rs. 1000 
(Rupees one thousand) and shall also be liable to disciplinary action for any 
of the penalties specified under the Nagaland Services (Discipline and 
Appeal) Rules, 1967. 
Provided that no court shall take cognizance of the offence under this section 
except on a complaint made by an authority as may be prescribed in this 
behalf. 
19. Relaxation : 
The work-charged employees and casual employees applying for 
appointment to regular service under the State Government shall be entitled 
to relaxation of age to the extent they have served as work-charged 
employees and casual employees. 
Provided further that the Governor may make order relaxing the age 
prescribed for initial entry into public employment in any particular case 
where the Governor is satisfied that undue hardship is likely to be caused. 
20. Power to make Rules: 
The State Government may, for the purpose of giving effect to the provisions 
ofthis Act, make rules 
21. Repeal: 
The Rules, regulations and orders in force are hereby repealed to the extent 
provided in this Act. 

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