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regulation2018Punjab

Punjab Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 2017

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Page |1 REAL ESTATE REGULATORY AUTHORITY PUNJAB NOTIFICATION / Dated: the (&™April 2018 No:RERA/REGULATIONS(RECRUITMENTS)/20l8/25% .In exercise of the powers conferred on it under Section 85 of Real Estate ( Regulations and Development) Act, 2016 and of all other powers enabling it in that behalf, the Real Estate Regulatory Authority, Punjab with the approval of the State Government, hereby makes the following Regulations: - CHAPTER-I PRELIMINARY 1. Short Title, extent and commencement.- (1) These regulations may be called the Punjab Real Estate Regulatory Authority (Recruitment and Conditions of Service of Employees) Regulations, 2017. (2) They shall come into force on the date of their notification in the Official Gazette. 3) These Regulations shall be applicable to all employees of the Punjab Real Estate Regulatory Authority appointed under Section 20 of the Real Estate (Regulation and Development) Act, 2016. 2. Definitions.- (1) In these regulations, unless the context otherwise requires:- (a) “Act” means the Real Estate (Regulation and Development) Act 2016 as amended from time to time: (b) “Appendix” means appendices “A™ to “D” of these Regulations; (c) “Authority” means the Punjab Real Estate Regulatory Authority; (d) “Chairperson” means the Chairperson of the Authority; (e) “Competent Authority” means the Chairperson or such other officer % of the Authority, designated for the purpose by the Authority, in accordance with these Regulations ; p, (h) U] (m) (n) Page |2 “Consolidated Remuneration” means the sum total of money payable to an employee, afier taking into account the salary and all admissible allowances; “Employee of the Authority” means all persons appointed as officers or staff on contract or on deputation basis, in accordance with these regulations. “Functions” means and includes all works relating to the activities of the Authority; “Government” or “State Government” means the Government of Punjab; “Member” means a Member of the Authority; “Officer” means an Employees of the Authority, in the category of ‘officer’, in accordance with these Regulations; “Rules” means “Punjab State Real Estate (Regulation and Development) Rules, 2017; “Secretary” means the Secretary of the Authority; “Service” means the service by officers and staff of the Authority; “Staff” means an Employees of the Authority in the category of ‘staff’, in accordance with these Regulations; “Year” means Calendar year; Words or expressions occurring in these Regulations and not defined herein, but defined in the Act, shall have the meanings assigned in the Act and / or the rules and regulations, made there under. OFFICERS AND STAFF OF THE AUTHORITY 3. Categorization of Posts.- (O] The categories of employees and sanctioned strength, as approved by the State Government, shall be as shown in the Appendix-A; The posts shown at serial numbers 1 to 9 in the Appendix 'A’ shall be in the category of officers’, and the remaining posts shall be in the category of 'staff’. Page |3 The Authority shall have the power to amend the categories of posts from time to time. Remuneration: The employees of the Authority will be entitled to the consolidated remuneration shown in Appendix ‘B’, as amended from time to time. Qualifications, Experience & Mode of Recruitment.- M The educational qualifications, experience, other conditions and mode of appointment to the posts on the establishment of the Authority, shall be as prescribed in Appendix -*C". The employees shall be appointed by the Authority either: (i) on contract; or (ii) on deputation basis; The Authority shall have the power to determine the mode of recruitment/ appointment to a particular vacancy or a group of vacancies or all vacancies. Re-designation of Posts.- Without changing the pay-scale of a post, the Authority may, at its discretion, re-designate that post to indicate its functional requirements: The Authority may alter. amend or revise the number, remuneration, qualifications or other provisions contained in Appendix 'A’, Appendix 'B' and Appendix 'C' respectively, considering its functional requirements. Provided that the Authority shall notify such re-designation of posts or modification to Appendix 'A', Appendix 'B' & Appendix 'C'. Appointing Authority.- All appointments of Officers and Staff shall be made as per Appendix 'D' . Announcement of Vacancies.- Except as provided in these Regulations, the Authority shall advertise for the vacancies to be filled on deputation or contract basis by giving due wide publicity. Page |4 CHAPTER Il APPOINTMENT ON CONTRACT Appointment on Contract.- (O] The vacancies of Officers and Staff shall preferably be filled in by appointing persons on confract basis, so as to obtain experienced and qualified suitable candidates. The duration of the first appointment on contract basis shall be for a period of one year. Provided that the duration of the contract may be further renewed by the Authority, from time to time for a period not exceeding two years at a time, for each subsequent extension. The Authority will follow the policy of the State Govt. with regard to regularization of services of its contractual employees. Where an employee has been appointed on contract basis, then such employee or the Authority shall be entitled to terminate the contract and discontinue the employment, by giving ninety days clear notice, in writing, to the other party or by depositing ninety days pay. in lieu of such notice. Provided that in case of notice by an employee the Authority, at its discretion, may relax this condition in exceptional cases, after recording the reasons therefore. The seniority of employees of the Authority recruited on contract basis, in a particular cadre, shall be reckoned from the date of his appointment in that cadre and subject to his placement in the merit list, recommended by the Selection Committee. Provided that such date shall be reckoned as the date of appointment in the Authority, in case of employees who are already in service with the Authority, prior to the formulation of these Regulations. All appointments on contract basis, shall be subject to verification, of the candidate’s character and antecedents, as may be decided by the Authority from time to time. Provided, such verifications shall not be applicable, in case of candidates, who are already in the employment of Government or public sector organizations prior to joining the Authority. Page |5 All eligible candidates shall furnish a medical fitness certificate, before appointment, as may be required by the Authority. Employees on contract shall not serve beyond the age of 65 years. CHAPTER IV APPOINTMENT ON DEPUTATION 10. Appointment on Deputation.- (O] The vacancies of Officers and Staff may be filled in by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. The Authority shall determine the vacancies, to be filled in by deputation and the period of such deputation, from time to time: Provided that the period of deputation, may be extended by mutual consent, between the Authority, the individual concerned and the concerned Government If the Authority decides that the services of the person, on deputation, are no longer required, the incumbent shall be repatriated, to his parent organization, even before the completion of the normal period of his deputation. The pay, allowances and other benefits and conditions of service of a person on deputation shall be governed by the relevant provisions of the Punjab Civil Services Rules, as amended from time to time or such other rules or regulations, governing the same. Page |7 Reservation of posts.- The policy of the State Government regarding reservation of posts shall be applicable for all appointments to the Authority. Medical Insurance- The Authority may, at its discretion, get Medical Insurance/Group Medical Insurance policy for Employees of the Authority with or without dependent members of his family. Provident Fund.- The provisions of the Employees Provident Fund or the Contributory Provident Fund rules, as the case may be, of the employee concerned, as may be in force from time to time, shall apply to all employees. Leave.- Employees of the Authority, shall be eligible for earned leave, on average pay for thirty days and casual leave for twelve days, during a calendar year. Provided that leave of an employee who has worked only during part of Calendar year, shall be calculated in proportion to that part. Performance Appraisal.- The performance of the Employee of the Authority shall be assessed and reviewed annually, in the manner and in the form, similar to that adopted by the State Government. Conduct & Discipline: The appointing authority, disciplinary authority, appellate authority and reviewing authority in respect of the Employees of the Authority shall be as specified in Working Hours.- The Authority shall follow the office timings as notified from time to time by the State Government for its offices. Holidays.- All employees shall be entitled to such public holidays as may be declared by the State Government from time to time: Provided that the Authority may direct an employee to work on holidays if the exigencies of service so demand. Page |6 CHAPTER V PROCEDURE FOR RECRUITMENT Selection Committee.- O] All appointments to various posts, shall be made on the recommendations of the Selection Committee. The Selection Committee for the posts of Officers shall be the Authority and may also include the Secretary of the Authority, as Member-Secretary. The Authority may co-opt one or more experts as members of the Officers’ Selection Committee to assist it. The Selection Committee for the posts of Staff shall be the Authority or any Committee(s) constituted by it and may consist of such Officers as may be designated by the Authority. The Committee may co-opt one or more experts, as members of the Staff Selection Committee, to assist it. The Selection Committees shall, from time to time, devise the mode and procedure of selection of candidates to various posts. CHAPTER VI MISCELLANEOUS Increment.- The Employees of the Authority shall be eligible to draw annual increments, as a matter of course, unless it is withheld under the orders of the competent authority as decided by Authority from time to time. Re-designation & pay scale in licu of stagnation: An employee of the Authority working on a post from which promotion is not possible, will be eligible for suitable re-designation of his post after 8 years of satisfactory service, at the same consolidated remuneration; and for next stage of higher consolidated remuneration. on completion of 12 years of such service. Page |8 Record of Service.- A record of service of all employees shall be maintained as decided by the Authority. Training.- The employees may have to undergo such training as may be decided by the Authority. Authority for service matter.- [n respect of any service matter not specifically mentioned in these Regulations, the Authority shall take a final view, as per the facts of each case. Saving of inherent power of the Authority,- Nothing in these Regulations shall bar the Authority from adopting a procedure which is at variance with any of the provisions of these Regulations, if the Authority, in view of the special circumstances of the matter or class of matters and for reasons to be recorded in writing, deems it necessary or expedient to depart from the procedure prescribed in the Regulations. Power to remove difficulties.- If any difficulty arises in giving effect to any of the provisions of these Regulations, the Authority may, by general or special order, do anything not being inconsistent with the provisions of the Act and Rules, which appears to it to be necessary or expedient, for the purpose of removing the difficulties. Ratification.- All appointments made to the Authority, before the coming into force of these Regulations, shall be deemed to have been made in accordance with these Regulations. | VO Dated 17.4.2018 Secretary, Real Estate Regulatory Authority Punjab APPENDIX - *A” Category of Employees and Sanctioned Strength (See Regulation 3) Page |9 S.No | Designation of Post Sanctioned Strength 1. Secretary 1 2. Manager (Admn.) 1 5. Manager (IT) B 1 6. Private Secretary 3 7. Assistant Manager (Admn.) 2 9. Assistant Manager(Legal) 1 10. Executive (General) 2 11. Executive (Legal) 1 13. System Analyst | 1 14. Programmer 1 15. Personal Assistants 4 16. Messengers B 4 APPENDIX - ‘B’ Remuneration of Employees (See Regulations 4) Page |10 S.No | Designation of Post \ Monthly Consolidated Remuneration } (in Rs.) 1. Secretary - | 1,10,000/- 2. Manager (Admn.) 70,000/~ 5 Manager (IT) 70,000/~ 6. Private Secretary 55,000/- e Assistant Manager (Admn.) 55,000/~ 9. Assistant Manager(_chal) 55,000/~ 11. Executive (Legal) 45,000/~ 12, Executive (Finance & Accounts) 45,000/~ 13. System Analyst 45,000/~ 14. | Programmer T 45,000/ 15. Personal Assistants 45,000/~ 16. Messengers B 20,000/~ P Page |11 APPENDIX -'C' Educational Qualifications, Experience and Other Conditions for Recruitment (See Regulation 5) A. Secretary.- Recruitment to the post of Secretary shall be either - by deputation of a person who has held/holding a post equivalent to Additional Secretary of the State Government or above from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government having experience in General Administration. Or by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. At least 20 yrs experience in a senior managerial capacity in Administration or related fields. Candidates with experience of working in Government settings will be given preference. Should have good written and verbal communication skills. Working knowledge of Computers is essential. Manager (Admn.)- Recruitment to the post shall be either - by deputation of a person who has held/holding a post equivalent to Deputy Secretary of the State Government or above from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government having experience in General Administration. Or by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. Vi Page |12 b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. Atleast 10 yrs experience in a managerial capacity in Administration or related fields. b. Should have good written and verbal communication skills. ¢ Working knowledge of Computers is essential. C. Manager (F & A)- Recruitment to the post shall be either: [ by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. M.Com. or MBA (Finance). b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Note: For Government/Semi-Government employees 10 years experience after clearing SAS is essential regardless of qualifications as at (a) above. Experience: a. Atleast 10 years experience in Government or in Semi-Government undertakings or in reputed Commercial establishments or Financial Institutions. Should have good written and verbal communication skills. ¢ A good knowledge of Financial Softwares is essential. D. Manager (Legal).- Recruitment to the post of Manager (Legal) shall be either: i. by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Page |13 Or ii. byappointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Professional Degree in Law from a recognized University. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. At least 10 years experience of legal practice or working in the Legal Wing in Government or in Semi Government organisations or in a law firm. b. Should have good written and verbal communication skills. (3 Working knowledge of Computers is essential. E. Manager (IT)- Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Regular Engineering Degree in Computer Science/Computer Engineering/ Or Regular Post Graduate Degree in Computer Applications/Computer Science/ Computer Engineering/ Information Technology/Electronics & Communication. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. Post qualification experience of 7 years in area of IT system implementation and % project management. b. Experience in e-Governance projects would be an added advantage. Page |14 Should have good written and verbal Communication skills. F. Private Secretary- Recruitment to the post shall be either: by deputation of employees. from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above, Experience: a. 7 years experience of working as a Private Secretary or in a similar capacity with top management functionarics in Government or in Semi Government Organisations or in b. Should have good written and verbal communication skills, including preparing high impact reports using Power Point, Word and Excel. ¢ Avery good knowledge of Computers is essential. G. Assistant Manager (Admn.)- Recruitment to the post shall be either:- by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. L Page |15 Experience: a. At least 5 years experience in a supervisory capacity in administration or related fields. b. Should have good written and verbal communication skills. c. Good knowledge of Computers is essential. Asstt. Manager (F&A) - Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government Or ii. by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. B.Com. Degree or MBA (Finance) from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Note: For Government / Semi-Government employees 5 years experience after clearing SAS is essential regardless of qualifications as at (a) above. Experience: a. At least with 5 years experience in Government or in Semi-Government undertaking or reputed Commercial establishments or in financial institutions. b. Should have good written and verbal communication skills. G- A good knowledge of Financial Softwares is essential. Assistant Manager(Legal)- Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Professional Degree in Law from a recognized university. Page |16 b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. At least 5 years experience of legal practice or working in the Legal Wing in Government or in Semi Government organisations or in a law firm. b. Should have good written and verbal communication skills. c. Working knowledge of Computer is essential. Executive (General)- Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. At least 3 years experience of working in a Government or in Semi-Government or private/Commercial establishments. b. Working knowledge of Computers is essential. Executive (Legal) - Recruitment to the post shall be either: |18 by deputation of employees. from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Professional degree in law from a recognised university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation Page |17 level or equivalent or above. Experience: a. At least 3 years experience of legal practice or working in the Legal Wing in Government or in Semi Government organizations or in a law firm. Should have good written and verbal communication skills. Working knowledge of Computers is essential. Executive (Finance & Accounts)- Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Scctor undertakings or Public utilities or Autonomous bodies under the State Government. Or by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Graduation in Commerce from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above, Experience: a. At least 3 years experience in accounts related matters in Government or in Semi- Government/ Reputed Commercial establishments or in financial institutions. Should have good written and verbal communication skills. A good knowledge of Financial Softwares is essential. System Analyst.- Recruitment to the post shall be either: by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or by appointment of a person on contract basis having qualifications & experience as below:-, Page |18 Minimum Educational Qualification: a. Regular Degree in Engineering in Computer Science/Computer Engineering/ Or Regular PG Degree in Computer Applications/Computer Science/ Computer Engineering/ Information Technology/Electronics & Communication. Or Regular Graduation in any Field with atleast one year diploma in Computer/IT related courses. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. Post qualification experience of 5 years in field of Information Technology with experience in IT Application Development/ Infrastructure Management/ Network Administration etc. b. Experience in e-Governance projects would be an added advantage c. Should have good written and verbal Communication skills. Programmer.- Recruitment to the post shall be either: L by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or ii. by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Regular Degree in Engineering in Computer Science/Computer Engineering/ Or Regular PG Degree in Computer Applications/Computer Science/ Computer Engineering/ Information Technology/Electronics & Communication Page |19 Or Regular Graduation in any Field with atleast one year diploma in Computer/IT related courses. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. Post qualification experience of 3 years in field of Information Technology with experience in area of Application Development, designing and testing. Experience of working in development technologies - .Net, SQL, PL SQL would be an added advantage. 0. Personal Assistant - Recruitment to the post shall be either: by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government. Or by appointment of a person on contract basis having qualifications & experience as below:-. Minimum Educational Qualification: a. Graduation in any discipline from a recognized university. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above. Experience: a. g 3 years experience of working as a Personal Assistant or in a similar capacity in Government or in Semi Government organisations or in a commercial/private establishment of repute. Should have certificate from existing employer/recognized institution, about proficiency in English Shorthand of 80 words per minute or a speed 40 words of Page |20 English per minute on Laptop/Computer. c. Prior experience of working in Legal Sector would be an added advantage. Messengers- Recruitment to the post shall be either: i by deputation of employees, from Government Departments or Government undertakings or Public Sector undertakings or Public utilities or Autonomous bodies under the State Government, Or ii. by appointment of a person on contract basis having qualifications & experience as below:- Minimum Educational Qualification: a. 10+2 class pass. b. Candidates must possess a certificate of having passed Punjabi at Matriculation level or equivalent or above, APPENDIX “D” Page |21 Competent Authority for the purposes of disciplinary action and appeals for contractual Employees (See Regulations 7 & 26) Description ‘ Des?gnaTd ATlthority Class of Employees Appointing Authority Chairperson Officers Disciplinary Authority Chairperson Officers ‘ Secretary Staff e