The PUNJAB AD HOC, CONTRACTUAL, DAILY WAGE, TEMPORARY, WORK CHARGED AND OUTSOURCED EMPLOYEES Welfare ACT, 2016

I
PUNJAB GOVT. GAZ.
(EXTRA),
DECEMBER
24,
2016
249
(PAUSA
3,
1938
SAKA)
PART I
GOVERNMENT O:F
PUNJAB
DEPARTMENT
OF LEGAL AND
LEGISLATIVE
AFFAIRS,
PUNJAB
NOTIFICATION
The 24th
December,
2016
No.
62-Lcg./!016.-The
following
Act of the
Legislature
of the State of
Punjab
received the
assent
of the Governor of
Punjab
on
the 23rd
day
of
December, 2016,
is
hereby published
for
general
information:-
THE
PUNJAB
AD
HOC,
CONTRACTUAL,
DAILY
WAGE,
TEMPORARY,
WORK CHARGED AND OUTSOURCED
EMPLOYEES'
WELl'ARE
ACT,
2016
(Punjab
Act No. 55 of
2016)
AN
ACT
to
provide
for the
regularisation
of services of
Group
'A', 'B',
'C' and
'D'
employees
working
on
ad
hoc, contractual,
daily
wage,
temporary
and work
•
charged
basis underthe State Government
or
its entities and further
to
take
......
on
contract
basis,
the
out
sourced
employees working
under the State
Government
or
its entities.
BE
it
enacted
by
the
Legislature
of the
State of
Punjab
in the
Sixty­
seventh Year of the
Republic
of
India
as
follows: -
1.
(1)
This Act
may
be called the
Punjab
Ad
hoc,
Contractual,
Daily Wage,
Short title and
}'emporary,
Work
Charged
and Outsourced
Employees'
Welfare
Act,
2016.
(2)
It shall
come
into force
on
and with effect from the
date
of
its
publication
in
the
Official Gazette.
2.
In
this
Act,
unless the
context
otherwise
requires,-
(a)
'Government'
means
the
Government of the State
of
Punjab
in the
Department
of
Personnel;
(b)
'outsourced
employee'
means an
employee
taken
on
the roll of the
State Government
or
its entities
through
a
private
manpower agency
•
for
performing
duties
assigned
to
him
from time
to
time;
(c)
'service rules'
means
all
relevant,
general
and
specific
rules
governing
recruitment
to
the services of the State Government
or
its
entities;
commencement.
Definitions.

•
250
PUNJAB
GOVT. GAZ.
(EXTRA),
DECEMBER
24,
2016
(PAUSA
3,
1938
SAKA)
(d)
'State Government'
means
the
Government
of the
State
of
Punjab
in
the
concerned
Department
or
entity
of the State
in
which the
employee
is
serving;
and
(e)
'year"
means
a
period
of
twelve
calendar
months
preceding
the
date
of
commencement
of this Act.
Regularisation
of
3.
(1) Notwithstanding anything
contrary
contained
in
any
law,judgmcnt,
services
of
Group
,
decree
or
order
of
any
court,
tribunal
or
any
other
authority,
services
of such
'A',
'B'
and
'C'
employees.
Group
'A',
'B' and
'C'
employees,
who
arc
working
on
ad
hoc,
contractual,
daily
wage,
temporary
or
work
charged
basis
under the
State Government
or
its entities
for
a
continuous
period
of
not
less than three
years
preceding
the
date of
coming
into force
of this Act
shall be
rcgularissd
by
the
competent
authority
in such
service
of the
State
Government
or
its
entities,
subject
to
the
following
conditfuns,
namely:-
(
a)
fulfil the
eligibility
with
regard
to
minimum and
maximum
age
limit;
•
(b)
possess
requisite
educational
qualification
and
experience
as
specified
for
the
post
under the
service
rules·
at
the
time
of initial
appointment;
(c)
initial
appointment
was
made
by following
transparent
process;
......
(d)
satisfactory
verification
of
antecedents;
(e)
have
good
character
and
conduct;
and
(f)
have
not
been
indicted
or
undergoing
any
civil,
criminal
or
departmental
proceedings:
Provided
that the entities
of
the State
shall
consider
regularization
only
if
such
entity
is
in
a
financial
position
to
take
the
burden of such
regularization
on
its
own
without
transferring
any
liability
to
the
State
exchequer
.
(2) During
the
probation
period,
the
person
regularised
under this
section
shall be
entitled
to
draw
salary
at
the
minimum
of the
Pay
Band
applicable
to
the
post
against
which
his
services
have been
regularise?
in
Group
'A',
'B'
or
'C'
services,
as
the
case
may
be,
or
actual
remuneration
being
received
at
the
time
of
regularization,
whichever
is
more.
Regularisation
of
4.
(1) Notwithstanding
anything
contrary
contained
in
any
law,judgment,
?e:"ices
of
Group
decree
or
order
of
any
court,
tribunal
or
any
other
authority,
services
of
such
D
employees.
•
Group
'D'
employees,
who
are
working
on
ad
hoc,
contractual,
daily
wage,
•
temporary
or
work
charged
basis
under the
State Government
or
its
entities
for
a
continuous
period
of
not
less
than
three
years
preceding
the
date
of
;;
b-·--------------------?

PUNJAB
GOVT. GAZ.
(EXTRA),
DECEMBER
24,
2016
251
(PAUSA 3,
1938
SAKA)
coming
into
force of this
Act
shall be
regularised
by
the
competent
authority
in
·such
service of the
State Government
or
its
entities,
subject
to
the
folfowing
conditions,
narnelyr-
(a)
fulfil
the
eligibility
with
regard
to
minimum
and
maximum
age
limit;
(b)
possess
requisite
educational
qualification
and
experience
as
specified
for the
post
under the
service
rules
at
the time
of initial
appointment;
(c)
satisfactory
verification of
antecedents;
(d):
have
good
character and
conduct;
and
(e)
have
not
been indicted
or
undergoing
any
civil,
criminal
or
departmental
proceedings:
Provided
that the entities of
the State
shall consider
re&ularization
only
if
such
entity
is
in
a
financial
position
to
take the
burden of such
regularization
on
its
own
without
transferring
any
liability
to
the State
exchequer.
(2)
During
the
probation
period,
a
person
regularised
under
this section
shall
be
entitled
to
draw
salary
at
the minimum
of the
Pay
Band
applicable
to
the
post
against
which
his services
have been
regularised
in
Group
'D'
service,
or
actual
;?uneration
being
received
at
the
time of
regularization,
whichever is
more.
5. If
the
emoluments of
employees
who
were
regularised
prior
to
coming
into force
of
this
Act
have
decreased after
regularization,
they
shall also
get
the benefit
of
pay
protection.
Pay protection
of
previously
regularised
employees.
•
..
6. The
outsourced
employees
recruited
through private
man
power
agency
Outsourced
in
the service of
the State
Government
or
its
entities and
working
for
a
employees.
continuous
period
of
not
less than three
years
preceding
the date of
coming
into force of
this Act
shall be taken
on
contract
on
yearly
basis
by
the
competent
authority
in
such service of
the State
Government
or
its
entities,
subject
to
the
following
conditions,
namely:-
•
(a)
fulfil
the
eligibility
with
regard
to
minimum and
maximum
age
limit;
(b)
possess
requisite
educational
qualification
and
experience
as
specified
for the
post
under the
service rules
at
the time of
initial
appointment;
(
c)
satisfactory
verification
of
antecedents;
(d)
have
good
character
and
conduct;
and

.252
PUNJAB
GOVT. GAZ.
(EXTRA),
DECEMBER
24,
2016
(PAUSA
3,
1938
SAKA)
•
•
(e)
have
not
been
indicted
or
undergoing
any
civil,
criminal
or
departmental
proceedings:
Provided that the
entities
of
the
State
shall consider
such
contracts
only
if such
entity
is
in
a
financial
position
to
take
the burden
of such
contract
on
its
own
without
transferring
any
liability
to
the State
exchequer.
,
(2).
Persons
taken
on
contract
under
this section
shall
be entitled
to
·
draw
the
same
salary
as was
being paid
to
him
by
the
private
manpower
agency.
'et-cation
of
posts.
7.
•
Necessary
number
of
category-wise
posts
in the services
of the State
Government
and
its entities
equal
to
the
number of the
persons
to
be
regularised
shall
be deemed
to
have been
created
in
excess
of the
already
existing
sanctioned
posts
in
the cadre
to
which
they
are
inducted:
Provided that such deemed
to
have
been created
posts
in
excess
of the
already existing
sanctioned
posts
shall be
posts
personal
to
the
incumbent
and
shall stand
abolished
on
vacation of
post
by
the
incumbent.
Seniority.
Reservation
.•
.8.
(1)
The
seniority
of the
employees
governed by
this Act
shall be
fixed
bcl-OW.the
junior
most
employee
in the relevant cadre
on
the date of
coming
into
force
of
this Act.
(2)
The
inter-se
seniority
of
the
employees
whose
appointments
arc
so
governed
under this
Act
shall be
determined
as
per
provisions
of the
Punjab
Civil
Services
(General
and Common
Conditions of
Service)
Rules,
1994.
9.
Consequent
upon
the
regularization
of
services
under sections 3 and
4
of
this
Act,
the
backlog
of
posts
meant
for" various
reserved
categories
shall be
calculated
and filled
up
on
priority
basis
by
way
of direct recruitment
as
and
when
any
vacancy
arises.
•
10
.•
(1)
The
employees
covered under this Act
shall be
governed
by
the
•
conditions
of service
as arc
applicable
to
the
employees
in the
respective
cadre
in
which
they
stand
appointed.
(2)
The
Punjab
Civil Services
(Punishment
and
Appeal)
Rules,
1970,
as are
applicable
to
other
employees
of the
cadre,
shall
apply
mutatis
mutandis
to
these
employees.
11.
No
suit,
prosecution
or
other
legal proceedings
shall lie
against
the officers
of
the
State Government
or
its
entities for
anything
done
in
good
faith under
·this
Act.
Applicability
of
rules.
Protection of
action
taken
in
good
faith.

PUNJAB GOVT.
GAZ.
(EXTRA),
DECEMBER
24,
2016 253
(PAUSA
3,
1938
SAKA)
•
•
12.
No
Court
or
Tribunal
shall have
jurisdiction
to
entertain
any
suit
or
Civil
court not to
proceeding
in
respect
of
any
claim
for
absorption
or
continuation
arising
from
have
jurisdiction.
the
provisions
of this Act.
13.
If
any difficulty
arises in
giving
effect
to
the
provisions
of
this
Act,
the
Power
to
remove
Government
may,
by
general
or
special
order,
make such
provisions
as
it
appears
difficulty.
to
i!
to
be
necessary
or
expedient
to
remove
such
difficulty.
14.
( 1)
The Government
may,
by
notification
in the
Official
Gazette,
make
Power
to
make
rules
for
carrying
out
the
purposes
of this Act.
rules.
(2)
The State Government
shall
notify
rules with
regard
to
the
procedure,
seniority
and
parity
of
persons
working
in the
entities
of the State Government
in
Group
'A', 'B',
'C'
and
'D'
services
in the
State
and other
residual
matters.
(3)
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,
for
a
total
period
of
ten
days,
which
may
be
comprised
in
one
ses?ion
or
in
two
or
more
successive
sessions and
if,
before
the
expiry
of the
session
in which
it is
so
laid
or
the
successive
sessions
as aforesaid,
the
House
agrees
in
making
any
modification in the rules
or
the House
agrees,
that the
rules should
not
be
m'!iWe,
the
rules
shall thereafter have
effect
only
in
such modified form
or
be
of
no effect,
as
the
case
may
be.
However,
any
such
modification
or
annulment
shall be without
prejudice
to
the
validity
of
anything
previopsly
done
or
omitted
to
be done under that rule.
VIVEK
PURI,
Secretary
to
Government
of
Punjab,
Department
of
Legal
and
Legislative
Affairs.
1167/12-2016/Pb.
Govt.
Press,
S.A.S.
Nagar

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