The Nagaland Work Charged and Casual Employees Regulation (First Amendment) Act, 2024

The Nagaland Gazette October 30, 2024
PART-V
NOTIFICATION
Dated Kohima, the 25th October, 2024.
NO.LAW/BILL/23-28/2024 : : The Nagaland Work-Charged and Casual
Employees Regulation (First Amendment) Act, 2024 Act No. 9 of 2024 duly
assented by the Hon'b ie Governor on 8tl: Oct. 2024 is hereby published for
general information.
Sd/-
Y. KIKHETO SEM A, IAS
C'olnmissioner & Secretary to the Govt. ofNagaland.
THE NAGALAND WORK-CHARGED AND CASUAL EMPLOYEES
F
To incorporate the terms and conditions of appointment and regulation of
service of Operation and Maintenance STaff who were crstwhi te called Work-
Charged and Casual employees under Public Health Engineering Depanlnent
(PHED) and Power Depannrent, into the existing Act of 2001 and to provide for
matters connected therewith or incidental thereto
An
Act
to amend the Nagaland Work-charged and Casual Employees RegulatIon
Act, 2001.
BE it enacted by the Nagaland Legislative Assembly in the Seventy-fifth
year of the Republic of India as follows:
1. Short title and commencement
( 1) This Act may be called the Nagaland Work-charged and Casual
Employees Regulation (First Amendment) Act, 2024.
(2) They shall come in to force with effect from the date of notification in
the Nagaland Gazette.
Amendment of section 2
After clause (e) in sec{ion 2 of the Naga3and Work-charged and Casual
Employees Regulation Act, 2001, (herei11dfter referred to as the principal
Act). the following clauses shall be inserted: namely,-
2.
''(f) 'Operatjon and Maintenance Staff means those erstwhile Work-Charge
Employees under Power DepaKlnent and Public Health Engineering

October 30, 2024 The Nagaland Gazette, Part-V 73
Department who are exempted from being phased out and will continue to
he maintained bY the concelncd Depannlents until such time the
Government decides otherwise.
(g) 'OMS' means Operation and Maintenance Staff.'
3. Insertion of Chapter IIIA
After section 13, of Chapter III of the principal Act. the following
chapter shall be inserted: namely,-
”CHAPTER III A
OPERATION AND MAINTENANCE STAFF (OMS)
13A. Appointment and Discharge of OMS
(!) Recruitment of OMS shall be made through the Boards constituted
under section 13E (of Chapter IIIA) below.
(2) The Appointing Authority shall be the Head of Department (HOD)
with the approval of the Administrative Head of Department (AHOD)
13B. \vage
The OMS shall be paid wage and allowance as may be prescribed by the
Government from time to time.
13C. Terms of appointment
( 1 ) All appointees shall be subjected to an observation period of 1 (one)
year after which they shall undergo a Suitability Test.
(2) The Suitability Test shall be conducted by the Department at the
Division level; however a common seniority list of OMS shall be maintarned

74 The Nagaland Gazette, Part-V October 30, 2024
centrally at the Directorate level for the puTose of empanelment for
regularization under sub- section (3 ) below.
(3) Appointees who qualify the Suitability Test shall be empanelled for
integration to the department by ngularization on seniority basis against
vacant sanctioned posts of field staff:
Provided that those who do not qualify the suitability test conducted under
sub-section (2) above shall be tenninated immediately.
(4) Vacancies against sanctioned posts of field staff in Public Health
Engineering and Power Depanlnents shall be filled by C)MS through the
provisions of this Act except the posts reserved for COInpassionate
Appointments.
(5) Inespective of having passed the suitability test, OR'IS appointed
under tIle provisions of this Act shall be terminated at any point if they do
not meet the requisite criteria of health, performance and integrity which
shall be notified by the department.
1:3D. Restriction on appointment
(1) The Strength of C)MS shall be maintained within the Ceiling Limit
prescribed by Government through the Commission.
(2) The Appointing Authority shall be held liable for any appointment of
OMS in the dcpaRlnent in excess of the number prescribed by the State
Government. Such excess appointments shali be treated as illegal.
138:. Constitution of Recruitment Boards
( 1 ) The respective department, having OMS establishment, shall
constitute a recruitment Board consisting of not less than 3 (three) members
at the centralized level of Directorate for making recruitment to the OMS.
(2) The Board shall, having regard to the qualifIcations and skills requIred
for the job and also service experience, invite applications from the
indigenous residents of the area/division/'district where the work is goIng

October 30, 2024 The Nagaland Gazette, Part-V 75
to be operated and maintained. Thereafter it shall screen all the C)MS for the
pulpose of appointments under section 13 A (of Chapter-IIIA)
(3) The Recruitment Board shall give preference to the indigenous
residents of the area/ division/ district where the projects/ works are to be
operated and maintained when making recommendations for appointnrent
under this Act:
Provided that parity between divisions and \’illages under their
jurisdiction shall be maintained as per the requirement.
(4) The names of the candidates nominated by the Board shall be
forwarded to tIre Government with all necessary documents and procedure
for approval of the Government.
13F. Other conditions of service
The OMS shall be entitled to casual leave, holidays, working hours as may
be prescribed in this behalf.
13(;. Power to review the scale and terms of appointment of OMS
The Commission constituted under Chapter II of the principal Act shall
review the wage, noun and scale of C)MS or ON4S of any department from
time to time as may be directed by the State Government.
1311. Power to reserve the vacancies
The State Governlnent may, with due regard to the identification of posts
and jobs. md}<c an appropriate order to any DepaNlnent for reserving the
vacancies as may be specified for iinplenlent ing the scheme formulated
under section 13C' (of Chapter III A):’

76 The Nagaland Gazette, Part-V October 30, 2024
THE NAGALAND WORK-CHARGED AND CASAUL
EMPLOYEES REGULATION (FIRST AMENDMENT)
BILL, 2024
(As passed by the Nagalalrd I,egislative Asseln bly on the 29l!' August, 2024)
I’his Bill was passed b)’ the Nagaland £.egislalive Assemt)!) on 29.08.2024.
Sd/-
SlIARIN'GAIN I.,ONGKUMER
S P } .:AK L': R
Nagala11d I .cgislat i\'e Assembly
Kohima,
The 29-8-2024
I assent to this Bill
Sd/-
LA GANESAN
GOVERNOR
Kohima,
The 8- 10-2024

‹ Prev All Nagaland acts Next ›