PUNJAB TRUST SERVICES (RECRUITMENT AND CONDITIONS OF SERVICE) RULES, 1978
Published vide Notification no. GSR 108/P.A 4/22/Ss. 17 & 73/78, dated 18th October, 1978
1. Short title, commencement and application.- (1) These rules may be called the Punjab Trust Services (Recruitment and Conditions of Services) Rules, 1978.
(2) They shall come into force at once.
(3) They shall apply to all the posts in the Trust Services specified in appendix 'A'.
2. Definition.- In these rules, unless the context otherwise requires, -
(a) 'Act' means The Punjab Town Improvement Act, 1922;
(b) 'Appendix' means an appendix to these rules;
(c) 'appointing authority' means the authority indicated as the appointing authority against each class of posts in a Service in Appendix 'C';
(d) 'average pay' means the average monthly pay earned during the ten complete months immediately preceding the month for for which the average pay is to be calculated;
(e) 'Director' means the Director, Local Government, punjab.
(f) 'direct recruitment' means an appointment made by selection and otherwise than by promotion or by transfer of an official already in the service of Trust;
(g) 'duty' includes the services as probationer or apprentice , provided such service is followed by confirmation without any break and also includes joining time;
(h) 'earned leave' means the leave earned in respect of the period spent on duty;
(i) 'family' means family as defined in rule 2.17 of the Punjab Civil services Rules, Volume I, Part I:
Provided that for the purpose of provident fund or gratuity, it shall be deemed to mean as defined in the Punjab Town Improvement Trusts Provident fund Rules,1945, as amended from time to time.
(j) 'Government' means the Government of the State of Punjab in the Local Government Department;
(k) 'leave' means earned leave, maternity leave, leave not due , leave on half pay, medical leave, commuted leave and extraordinary leave but does not include casual leave.
(l) 'member' means a member of any of the Services mentioned in Appendix 'A';
(m) 'pay' means the amount drawn monthly by a member of a Service as pay which has been sanctioned for the post held by him substantively or in an officiating capacity and includes special pay or personal pay, if any, or any, or any emoluments which may be specially classed as pay bu the government but save as otherwise provided, does not include any kind of allowance;
(n) 'recognized university or institution means,-
(i) any university or institution incorporated by law in any of the States of India;
(ii) the Punjab, Sind or Dacca University, in the case of degrees or diplomas obtained as a result of examination held by these universities before the 15th August, 1947; or
(iii) any other university or institution which is declared by the Government to be a recognised university or institution as the case may be, for the purpose of these rules;
(o) 'section' means a section of the Act;
(p) 'service' means a Trust Service constituted by the Government under sub-section (1) of section 17;
(q) 'vacancy' means a vacancy in a service for a period of two months or more whether on account of transfer, leave, suspension or any other reason.
3. Nationality, domicile and character of person to be appointed to a Service [Section 17] -
(1) No person shall be appointed to a service, unless he is -
(a) a citizen of India or
(b) a citizen of Nepal, or
(c) a citizen of Bhutan, or
(d) a Tibetan refugee who came over to India, before 1st January, 1962, with the intention to permanently settling in India, or
(e) a person of Indian origin who has migrated from Pakistan; Burma, Sri Lanka, East African countries or Kenya, Uganda, the United Republic of Tanzania ( formerly Tanganike and Zanzibar), Zambia, Malwai, Zaire and Ethopia with the intention of permanently settling in India:
Provided that a candidate belonging to category (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligible has been given by the Government of India.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him, by the Government of India.
(3) No person shall be recruited to a Service unless his character and antecedents have been verified before hand:
Provided that in the case of recruitment to a temporary vacancy required to be made urgently , a person may be appointed in accordance with general direction issued bu the government regarding appointment in anticipation of verification of character and antecedents.
(4) Qualification - [ Section 17]. - The qualification necessary for direct recruitment and for promotion to the posts in a service shall be as specified in Appendix 'B' against each such post.
(5) Method of Recruitment.-[Section 17(6)]. -
(1) Recruitment to various categories of posts in a Service at the time of its initial constitution shall be made by the appointing authority by absorption of persons already holding corresponding posts in the service of a Trust, provided they are founded fit by an authority appointed by Government in this behalf for becoming member of the Service after taking into consideration their qualifications and service record.
(2) After filling in the vacancies under sub-rule (1), the remaining vacancy or vacancies which may occur thereafter shall be filled up in the following manner, namely:-
(i) Fifty per cent of the vacancies by direct recruitment; and
(ii) Fifty per cent of the vacancies by promotion through selection :
Provided that if no suitable candidate is available by direct recruitment or by promotion, the vacancies may be filled up by transfer or on deputation :
Provided further that if no qualification have been laid sown in Appendix 'B' for any post to be filled up by direct appointment.
[ ] Third Proviso added by PG Notification dated 26.4.1985, and ommitted vide G.S.R. 82/P.A./S/22/Ss. 17 and 73/Amd. (7) 87 dated 26-10-1987.
(3) The recruitment under clause (i) of sub rule (2) shall be made by the Appointing authority on the recommendation of a selection committee constituted under sub-rule (4).
(4) The Government may, from time to time, by notification, constitute a Selection Committee , consisting of at least three officers of the Government and two non-official who have sufficient experience in the functioning of urban local bodies and different Selection Committees may be constituted for different categories of service : [Substituted by Punjab Govt. Noti. dated 8-12-1978]
Provided that at least one of the members of the Selection Committee shall being to the Scheduled Castes.
(5) The Selection Committee referred to in sub-rule (4) may associate not more than two persons who are specialists or are experienced in the line keeping in view the nature and duties of the post required to be filled. The person to be associated shall not be than the rank of a Superintending Engineer in the case of selection of an Engineer and not below the rank of a Joint Director of Health Services in the case of selection of medical staff.
6) While making recruitment under sub-rule (2), the policy of the Government regarding reservation of appointments or posts for members of the Scheduled Castes and other backward classes and for any other category in relation to the services under it shall be followed.
(6) Age on entry and physical fitness.- [section 17]. -
(1) Except in the case of a person recruited under sub-rule (1) of rule 5, no person shall be appointed to a post in a Service by direct recruitment if he is less than seventeen years of more than thirty-five years of age on the last day of receipt of applications for the posts:
Provided that in the case of candidates belonging to the Scheduled Castes and Backward Classes the maximum age limit shall be such as may be fixed by the Government from ;time to time.
(2) A person appointed to the Service buy direct recrudescent shall b required to produce certificate of physical fitness from the Civil Surgeon of the district concerned before joining the Service. Such a person shall, before being examined, make and sign a declaration in Form I appended to these rules and the Medical Officer shall examine him and furnish a certificate in Form II appended to these rules:
Provided that the aforesaid condition shall not apply while filling up a temporary vacancy of less than six months duration.
(7) Cadres and the scales of pay.-[Section 17(4)].-
(1) The number of posts created from time to time in a Service by the State Government or by an authority empowered by it under sub-section (5) of section 17 shall be deemed to be the cadre of that Service, which shall subject to variation by the authorities referred to in the aforesaid sub-section.
(2) The scales of pay of the posts in various services shall be as given in Appendix 'A':
Provided that the Government may from time to time revise these scales of pay.
[(2A) A member of a service recruited under sub-rule(1) or rule 5 may, within a period of thirty days of the date of commencement of the Punjab Trust Services (Recruitment and Conditions of Services) (First Amendment) Rules, 1980, by notice in writing given to the State Government, indicate his intention of retaining the scale of pay which he has drawing immediately before becoming member of that Service.] Inserted by Punjab Govt. Notification dated 6.2.1980.
(3) The appointing authority may, for reasons to be recorded in writing , sanction a higher start of pay than the minimum of the scale to any person.
(8) Disqualification.-[Section 17]- No person,-
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse in living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to a service:
Provided that the Government may, if satisfied, that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing , exempt any person from the operation of this rule.
(9) Probation.-(Section (17).-
(1) A person appointed to a service shall remain on probation for a period of two years, if appointed by direct recruitment,and one year, if appointed otherwise :
Provided that officiating appointment is a service shall be reckoned as period spent on probation.
(2) If the work or conduct of a person appointed to a Service during the period of his probation is, in the opinion of the appointing authority, not satisfactory, it may,-
(a) If appointed by direct recruitment, dispense with his services; or
(b) if appointed otherwise,-
(i) revert him to his former post; or
(ii) deal with him in such a manner as the terms and conditions of his previous appointment permit.
(3) On the completion of the period of probation of a person, the appointing authority may,-
(a) if his work or conduct has, in its opinion, been satisfactory,-
(i) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy.
(b) if his work or conduct has not been , in its opinion, satisfactory,-
(i) dispense with his service, if appointed by direct recruitment or if appointed otherwise, revert him to his former post or deal with him in such other manner as the terms and conditions of his previous appointment may permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry or the original period of probation;
Provided that the total period of probation including extension, if any, shall not exceed three years.
(10) Seniority of members of Service- (Section 17).-
The seniority inter se of the members of a Service shall be determined separately for each category of posts within that Service from dates of their continuous appointment to a post in that category :
Provided that in the case of members appointed by direct recruitment their inter se seniority shall be in the order of merit in which they have been placed by the Selection Commission :
[Provided further that the case of members recruited under sub-rule (1) of rule 5 their inter se seniority shall be determined by the length of their continuous service on a corresponding post in the service of a Trust] Proviso added vide Punjab Govt. Notification dated February 6, 1980.
Provided further that in the case of members of two or more members appointed on the same date, member appointed by direct recruitment shall be senior to a member appointed otherwise.
Note - This rule shall not apply to persons appointed on purely provisional basis.
(11) Punishment and appeal.- (Section 17).-
(1) The Punjab Civil Services (Punishment and Appeal) Rules, 1970, as mentioned from time to time , so for as they are not inconsistent with the provisions of the Act shall apply to the members.
(2) The authority empowered to impose penalties and the appellate authority in respect of a category of posts in each Service shall be as specified against the category in Appendix 'C' .
(3) The authority to hear an appeal against an order specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties mentioned in Appendix 'C' shall be the Government.
(12) Resignation from service.- [(Section 17(6)].-
If a member wishes to resign from service, he shall give one month 's notice in writing to the appointing authority. If the members fails to give such a notice, or gives a shorter notice, the appointing authority shall be entitled to recover one month's salary with usual allowances, or salary and allowances for the period by which notice falls short of one month, as the case may be, from such member in lieu of notice.
(13) Retirement from service.- (Section 17).-
(1) Members shall retire on the afternoon of the last day of the month in which they attain the age of fifty eight years :
Provided that the Government may re-employ any person after he attains the age of superannuation up to the age of sixty years, if considered necessary in public interest.
(2) (a) The appointing authority shall, if it is of opinion that it is in public interest to do so, have the absolute right, by giving a member prior notice in writing, to retire that member on the date on which he completes twenty-five years of service or attains fifty years of age or on any date thereafter, to be specified in the notice.
(b) The period of such notice shall not be less than three months :
Provided that where at least three months' notice is not given or notice for a period of less than three months is given, the member shall be entitled to claim a sum equivalent to the amount of his pay and allowances, at the same rate at which he was drawing them immediately before the date of retirement, for a period of three months or as the case may be, for the period by which such notice falls short of three months.
(3) Any member may, after giving at least three months previous notice in writing to the appointing authority, retire fro service on the date on which ;he completes twenty [Substituted for "twenty five" vide Punjab Government Notification, dated February 6, 1980] years of service or attains fifty years of age or on any date thereafter, to be specified in the notice:
Provided that no member under suspension shall retire fro service except with the specific approval of the appointing authority.
(2) They shall come into force at once.
(3) They shall apply to all the posts in the Trust Services specified in appendix 'A'.
2. Definition.- In these rules, unless the context otherwise requires, -
(a) 'Act' means The Punjab Town Improvement Act, 1922;
(b) 'Appendix' means an appendix to these rules;
(c) 'appointing authority' means the authority indicated as the appointing authority against each class of posts in a Service in Appendix 'C';
(d) 'average pay' means the average monthly pay earned during the ten complete months immediately preceding the month for for which the average pay is to be calculated;
(e) 'Director' means the Director, Local Government, punjab.
(f) 'direct recruitment' means an appointment made by selection and otherwise than by promotion or by transfer of an official already in the service of Trust;
(g) 'duty' includes the services as probationer or apprentice , provided such service is followed by confirmation without any break and also includes joining time;
(h) 'earned leave' means the leave earned in respect of the period spent on duty;
(i) 'family' means family as defined in rule 2.17 of the Punjab Civil services Rules, Volume I, Part I:
Provided that for the purpose of provident fund or gratuity, it shall be deemed to mean as defined in the Punjab Town Improvement Trusts Provident fund Rules,1945, as amended from time to time.
(j) 'Government' means the Government of the State of Punjab in the Local Government Department;
(k) 'leave' means earned leave, maternity leave, leave not due , leave on half pay, medical leave, commuted leave and extraordinary leave but does not include casual leave.
(l) 'member' means a member of any of the Services mentioned in Appendix 'A';
(m) 'pay' means the amount drawn monthly by a member of a Service as pay which has been sanctioned for the post held by him substantively or in an officiating capacity and includes special pay or personal pay, if any, or any, or any emoluments which may be specially classed as pay bu the government but save as otherwise provided, does not include any kind of allowance;
(n) 'recognized university or institution means,-
(i) any university or institution incorporated by law in any of the States of India;
(ii) the Punjab, Sind or Dacca University, in the case of degrees or diplomas obtained as a result of examination held by these universities before the 15th August, 1947; or
(iii) any other university or institution which is declared by the Government to be a recognised university or institution as the case may be, for the purpose of these rules;
(o) 'section' means a section of the Act;
(p) 'service' means a Trust Service constituted by the Government under sub-section (1) of section 17;
(q) 'vacancy' means a vacancy in a service for a period of two months or more whether on account of transfer, leave, suspension or any other reason.
3. Nationality, domicile and character of person to be appointed to a Service [Section 17] -
(1) No person shall be appointed to a service, unless he is -
(a) a citizen of India or
(b) a citizen of Nepal, or
(c) a citizen of Bhutan, or
(d) a Tibetan refugee who came over to India, before 1st January, 1962, with the intention to permanently settling in India, or
(e) a person of Indian origin who has migrated from Pakistan; Burma, Sri Lanka, East African countries or Kenya, Uganda, the United Republic of Tanzania ( formerly Tanganike and Zanzibar), Zambia, Malwai, Zaire and Ethopia with the intention of permanently settling in India:
Provided that a candidate belonging to category (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligible has been given by the Government of India.
(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him, by the Government of India.
(3) No person shall be recruited to a Service unless his character and antecedents have been verified before hand:
Provided that in the case of recruitment to a temporary vacancy required to be made urgently , a person may be appointed in accordance with general direction issued bu the government regarding appointment in anticipation of verification of character and antecedents.
(4) Qualification - [ Section 17]. - The qualification necessary for direct recruitment and for promotion to the posts in a service shall be as specified in Appendix 'B' against each such post.
(5) Method of Recruitment.-[Section 17(6)]. -
(1) Recruitment to various categories of posts in a Service at the time of its initial constitution shall be made by the appointing authority by absorption of persons already holding corresponding posts in the service of a Trust, provided they are founded fit by an authority appointed by Government in this behalf for becoming member of the Service after taking into consideration their qualifications and service record.
(2) After filling in the vacancies under sub-rule (1), the remaining vacancy or vacancies which may occur thereafter shall be filled up in the following manner, namely:-
(i) Fifty per cent of the vacancies by direct recruitment; and
(ii) Fifty per cent of the vacancies by promotion through selection :
Provided that if no suitable candidate is available by direct recruitment or by promotion, the vacancies may be filled up by transfer or on deputation :
Provided further that if no qualification have been laid sown in Appendix 'B' for any post to be filled up by direct appointment.
[ ] Third Proviso added by PG Notification dated 26.4.1985, and ommitted vide G.S.R. 82/P.A./S/22/Ss. 17 and 73/Amd. (7) 87 dated 26-10-1987.
(3) The recruitment under clause (i) of sub rule (2) shall be made by the Appointing authority on the recommendation of a selection committee constituted under sub-rule (4).
(4) The Government may, from time to time, by notification, constitute a Selection Committee , consisting of at least three officers of the Government and two non-official who have sufficient experience in the functioning of urban local bodies and different Selection Committees may be constituted for different categories of service : [Substituted by Punjab Govt. Noti. dated 8-12-1978]
Provided that at least one of the members of the Selection Committee shall being to the Scheduled Castes.
(5) The Selection Committee referred to in sub-rule (4) may associate not more than two persons who are specialists or are experienced in the line keeping in view the nature and duties of the post required to be filled. The person to be associated shall not be than the rank of a Superintending Engineer in the case of selection of an Engineer and not below the rank of a Joint Director of Health Services in the case of selection of medical staff.
6) While making recruitment under sub-rule (2), the policy of the Government regarding reservation of appointments or posts for members of the Scheduled Castes and other backward classes and for any other category in relation to the services under it shall be followed.
(6) Age on entry and physical fitness.- [section 17]. -
(1) Except in the case of a person recruited under sub-rule (1) of rule 5, no person shall be appointed to a post in a Service by direct recruitment if he is less than seventeen years of more than thirty-five years of age on the last day of receipt of applications for the posts:
Provided that in the case of candidates belonging to the Scheduled Castes and Backward Classes the maximum age limit shall be such as may be fixed by the Government from ;time to time.
(2) A person appointed to the Service buy direct recrudescent shall b required to produce certificate of physical fitness from the Civil Surgeon of the district concerned before joining the Service. Such a person shall, before being examined, make and sign a declaration in Form I appended to these rules and the Medical Officer shall examine him and furnish a certificate in Form II appended to these rules:
Provided that the aforesaid condition shall not apply while filling up a temporary vacancy of less than six months duration.
(7) Cadres and the scales of pay.-[Section 17(4)].-
(1) The number of posts created from time to time in a Service by the State Government or by an authority empowered by it under sub-section (5) of section 17 shall be deemed to be the cadre of that Service, which shall subject to variation by the authorities referred to in the aforesaid sub-section.
(2) The scales of pay of the posts in various services shall be as given in Appendix 'A':
Provided that the Government may from time to time revise these scales of pay.
[(2A) A member of a service recruited under sub-rule(1) or rule 5 may, within a period of thirty days of the date of commencement of the Punjab Trust Services (Recruitment and Conditions of Services) (First Amendment) Rules, 1980, by notice in writing given to the State Government, indicate his intention of retaining the scale of pay which he has drawing immediately before becoming member of that Service.] Inserted by Punjab Govt. Notification dated 6.2.1980.
(3) The appointing authority may, for reasons to be recorded in writing , sanction a higher start of pay than the minimum of the scale to any person.
(8) Disqualification.-[Section 17]- No person,-
(a) who has entered into or contracted a marriage with a person having a spouse living; or
(b) who having a spouse in living, has entered into or contracted a marriage with any person,
shall be eligible for appointment to a service:
Provided that the Government may, if satisfied, that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing , exempt any person from the operation of this rule.
(9) Probation.-(Section (17).-
(1) A person appointed to a service shall remain on probation for a period of two years, if appointed by direct recruitment,and one year, if appointed otherwise :
Provided that officiating appointment is a service shall be reckoned as period spent on probation.
(2) If the work or conduct of a person appointed to a Service during the period of his probation is, in the opinion of the appointing authority, not satisfactory, it may,-
(a) If appointed by direct recruitment, dispense with his services; or
(b) if appointed otherwise,-
(i) revert him to his former post; or
(ii) deal with him in such a manner as the terms and conditions of his previous appointment permit.
(3) On the completion of the period of probation of a person, the appointing authority may,-
(a) if his work or conduct has, in its opinion, been satisfactory,-
(i) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or
(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or
(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy.
(b) if his work or conduct has not been , in its opinion, satisfactory,-
(i) dispense with his service, if appointed by direct recruitment or if appointed otherwise, revert him to his former post or deal with him in such other manner as the terms and conditions of his previous appointment may permit; or
(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry or the original period of probation;
Provided that the total period of probation including extension, if any, shall not exceed three years.
(10) Seniority of members of Service- (Section 17).-
The seniority inter se of the members of a Service shall be determined separately for each category of posts within that Service from dates of their continuous appointment to a post in that category :
Provided that in the case of members appointed by direct recruitment their inter se seniority shall be in the order of merit in which they have been placed by the Selection Commission :
[Provided further that the case of members recruited under sub-rule (1) of rule 5 their inter se seniority shall be determined by the length of their continuous service on a corresponding post in the service of a Trust] Proviso added vide Punjab Govt. Notification dated February 6, 1980.
Provided further that in the case of members of two or more members appointed on the same date, member appointed by direct recruitment shall be senior to a member appointed otherwise.
Note - This rule shall not apply to persons appointed on purely provisional basis.
(11) Punishment and appeal.- (Section 17).-
(1) The Punjab Civil Services (Punishment and Appeal) Rules, 1970, as mentioned from time to time , so for as they are not inconsistent with the provisions of the Act shall apply to the members.
(2) The authority empowered to impose penalties and the appellate authority in respect of a category of posts in each Service shall be as specified against the category in Appendix 'C' .
(3) The authority to hear an appeal against an order specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties mentioned in Appendix 'C' shall be the Government.
(12) Resignation from service.- [(Section 17(6)].-
If a member wishes to resign from service, he shall give one month 's notice in writing to the appointing authority. If the members fails to give such a notice, or gives a shorter notice, the appointing authority shall be entitled to recover one month's salary with usual allowances, or salary and allowances for the period by which notice falls short of one month, as the case may be, from such member in lieu of notice.
(13) Retirement from service.- (Section 17).-
(1) Members shall retire on the afternoon of the last day of the month in which they attain the age of fifty eight years :
Provided that the Government may re-employ any person after he attains the age of superannuation up to the age of sixty years, if considered necessary in public interest.
(2) (a) The appointing authority shall, if it is of opinion that it is in public interest to do so, have the absolute right, by giving a member prior notice in writing, to retire that member on the date on which he completes twenty-five years of service or attains fifty years of age or on any date thereafter, to be specified in the notice.
(b) The period of such notice shall not be less than three months :
Provided that where at least three months' notice is not given or notice for a period of less than three months is given, the member shall be entitled to claim a sum equivalent to the amount of his pay and allowances, at the same rate at which he was drawing them immediately before the date of retirement, for a period of three months or as the case may be, for the period by which such notice falls short of three months.
(3) Any member may, after giving at least three months previous notice in writing to the appointing authority, retire fro service on the date on which ;he completes twenty [Substituted for "twenty five" vide Punjab Government Notification, dated February 6, 1980] years of service or attains fifty years of age or on any date thereafter, to be specified in the notice:
Provided that no member under suspension shall retire fro service except with the specific approval of the appointing authority.