Haryana Public Service commission (Conditions of Service) Regulations, 2018

772 HARYANA GOVT. GAZ. (EXTRA.)' DEC. 17, 2ol8 (AGHN. 26, 1940 SAKA) [Authorised English Trans lation] HARYANA GOVERNMENT DEPARTMENT OF PERSONNEL (Services-III Branch) Notification The 1 7th December, 201 8 No. G.S.R. 60/Const./Art. 318/2018.- In exercise of the powers conferred by Article 3 I 8 of the Constitution of India, thc Governor of Haryana hereby makes the following regulations, namely:- Short title, cornmencement and application. Definitions. Nurnber of Members. Oaths. Voluntary retirement fronr previous scrvicc on appointnent as Mernber. Pay Scalc. Fixation ofpay. 1. (l) These regulations may be called the Haryana Public Service commission (Conditions of Service) Regulations, 2018' (2) They shall come into force with effect from lst January' 2016' 2. (1) In these Regulatious, unless the context otherwise requires'- (a) ..Chairman', means the Chairman of the Commission and includes an Constitution of India; (c) "Govemor" means the Governor of the State of Haryana; Chairman thereot regulations 13 of these regulations and does not include to those ex-members who are drawing both retiring pension and additional Pension; (2) The words and expressions not defined in these regulations but defined in Uaryana'Civil Services Rules, ZOIO stratt have the same meaning as respectively assigned to them in the said rules. 3. The Commission shall consist of a Chairman and eight Members to be appointed by the by the Governor. 4. Every Member shall on appointment be required to take the oaths in the forms laid down in Appendix A to these regulations. 5. A person who imfirediately before the date of his appointment as Member was in service in a Department or Constirutional/Statutory/Local or any other Body wholly or substantially owried or controlled by a State or Central Government shall seek voluntary retirement before assuming office as Member and be retired voluntarily by the competent authority with immediate effect by curtailing the notice period of three months' He shall be entitled to draw his retiring p.nrion and 6ther retiral benefits separately under the rules applicable to the service to"wirict he belonged from the concerned department/organization from the following day of voluntary retirement' 6. The pay scales of the Chairman and the Members shall be equal to that of the Chief Secretary to bovernment Haryana and the Principal Secretary to Government' Haryana' 7. (1) A person, who is drawing a retiring pension from an_Y constitutional, statutory or u.ry ott.. body^ wholiy or substantially owned or controlled by a State Govemment or Government ofllndia, shall be entitled to draw pay from the date of his appointment as- pension (including commuted portion of pension' if any) fixed/revised from or after the lst January, 2016 or from the date of appointment as Chairman, whichever is later; and HARYANA GOVT. GAZ. (EXTRA.), DEC. 17, 2018(AGHN.26, t94o SAKA) 773 (ii) Member, equal to minimum of the prescribed pay or last drawn pay, whichever is more, minus retiring pension (including commuted portion of pension, ifany) fixed/revised from or after the lst January 2016 or from the date of appointment as Member, whichever is later. If the same cell equal to last drawn pay is not available then the pay shall be fixed at the next cell in the pay level but not more than maximum of the prescribed pay level. Explanation.- 'Last pay drawn' means basic pay in the pay scale/pay level only and does not include any other component, e.g. Non-Practising Allowance, Personal Pay, Spectal Pay, etc. (2) A Member who has availed the benefit of Contributory Provident Fund/Employees Provident Fund/ New Pension Scheme or any other Scheme in lieu of normal pension for the period of quali$ing service rendered by him in any constitutional, statutory or any other body wholly or substantially owned or controlled by a State Govemment or Government of India before his appointment in the Commission, the amount equal to 50% of his last drawn pay shall be treated his deemed retiring pension for the purpose offixation ofpay under clause (l) above. (3) After fixation of initial pay of the Member under sub-clause (ii) of clause (l) of this regulation, an annual increment shall be admissible either on the lst January or the lst July subjcct to completion of minimum six months qualifying service before the due date of increment. No annual increment shall be admissible above the maximum of prescribed pay level. (4) A person who- (i) has retired from service while drawing pay in the pre-revised pay scale remained in existence prior to the lst January,2016; or (ii) is drawing a pre-revised retiring pension fixed prior to the lst January, 2016, is appointed a Member, his last pre-revised pay andlor pre-revised pension shall notionally be re-fixed in the corresponding rules applicable to IAS Officers or Pensioners, as the case may be, for the purpose of fixation of pay under clause ( I ). 8. The dearness allowance shall be admissible at the rate determine by the Government from time to time for IAS officers on the actual basic pay fixed under rule 7. 9. A member who, in the absence of the Chairman on leave or otherwise, pcrforms the additional duties of the Chairman shall be entitled to draw pay admissible to Chairman for that period: Provided that such pay shall be admissible if additional duties are performcd for a period ofnot less than fourteen days. 10. (l) Casual Leave of 20 days in a calendar year, Earned Leave of 15 days on lst January and lst July every year and Half Pay Leave of 20 days on completion of one year service as Member, shall be admissible. (2) Extraordinary leave shall be granted subject to a maximum of th,ree months at any one timc: Provided that all or any two of these kinds of leave may be granted in combination upto a maximum of six months at any one time. (3) Commuted Leave, on full pay not exceeding half the amount of Half Pay Leave due, and Extraordinary Leave shall be admissible on production of medical certificate issued by the competent medical authority of a Government Hospital or Hospital approved by Health Department, Haryana, from time to tinre for the purpose of re-imbursement of medical cxpenses. (4) The competent authority for grant of lcave shall be the Govemor of Haryana. (5) This provision shall be applicable to all the Members irrespective of the fact he was already in service or not. (6) No benefit of carry forward of leave shall be admissible to a person who was already in service in Haryana Govemment or any other State Government or Government of India before his appointment as Member of the Comurission. Deamess Allowances. Pay on additional charge of Chairman. Leave admissible to a Mcmbcr. Travcling No addilional Pension payable Pcnsion payablc 11. (1) Save as otherwise provided in these regulations' a Member shall be entitled to the i.n"ntli f.u* ,n"u"t1*ent of unrtlii,ed eamed leaie and half pay leavc standing at his crcdit a"i;il li'0 Utt on it au," of ceasing to hold office or termination due to abolition of post nrovided the total benefit of leave encaihment availed from any DePartment or Organization ffi.i;r'A;;;i-;;;lrdfu Harvana covernmcnt.at the.timc.of quitting service from thal 6;;-;"t shall not excecd:oo aay, o' up to the limit specified by Covemment liom time to rime for IAS officers on thcir retirement on superannuation' (2) This benefit shall not be admissiblc in case ofremoval from service (3) Iu case of resignatiol from service, leave encashment shall be restricted to the extent ;f'hatf of the leave admissible under sub-rute (1) above' 12. A person who was previously in pensionable- or nor-pensionable service in any constitutional, statuiory oi any othe! body.wholly or substantially owned or controlled by a State GoYemment or Central Government, shall not be entitled to any additional p"rtf". - Jr*fry f"r the pe od of service of the Commission Further' he shall not be entitled past sewice towards pension or leave in the commission 13. ( I ) Subject to the provisions of these regulations, a person. who before his appointmeot u, M",,,b". was not in service in auy Depanmerit or any cottstitutional, statutory or any other "itruttantially owned or controlled by a State Go,vemment or Certral Government ,h"lii, ;ili; ceasing to hold offrce be paid a pension for.his life at the rate of l/40th of the last ;r;; p"t p", ,non-th for each one y"ut quuiirying service as Chairman or Member subject to 'tt'e p"'lod of qualifying scrvice equal to nine months and above shatl bc beated one ycar and period of threc months' but less than 9 months will be ir"""a f,"ff y.*'t qualifying seivice and period less than thrce months qualirying service shall-be i!r"t"o i", if," purpose of ialcutation ofqualifying service The pcnsion worked out under this rule shall be rounded to next multiple often' Note.- The condition of minimum qualifuing service for the purpose ofpension and death-cum- retircment gntuity for IAS officers shall not be applicable' (2) Deamess relief on pension shall be admissible equal to the rate prescribed by Govem'nient flom time to time -fo! those who are drawing retidng pension from Haryana Covemment. (3) Retirement Gratuity shall, on ceasing to hold the- ollice' be admissible @ l/4 month'i emoluments (last drawn pay pius deamess allowance) for each half year's qualifying service. (4) No pension ?nd Rctiremeot Cratuity shall be admissiblc in case of resignation' removal or dismissal ftom offrce (5) No family pension shall bc admissible to the family members in case ofdeath ofa Member while in service or aflcr ceasing to hold the office (6) An additional pension on attaining the age of 80' 85' 90' 95 aod 100 ycar shall be admissiiie on the same terms and conditions as-prcscribed by Govemment in respect ofthe IAS pensioncrs. (7) Pension forms for sanctiou of pension shall be the same as applicable to Haryana Govemment emPloYees. 14. Travelling Atlowance and Daily Allowance to Chairman-and Members shall be admissible when travelling-on duty, equal to the rate and terms and conditions as applicable to the Chief Secretary and Frincipal Secritary to Govemment, Halyana resp€ctively' 15. The Chairman and Members shall be entitled to Govemment accommodation ofthe same under the same terrns and conditions applicable to the Chief Secretary to Coui*r"nt, Haryana and Pdncipal Secretary to Governme[t Ilaryana respectiYoly When a Member does not want to avail Govemment accommodation or residing in his own house or hire shall be entitled to house lent allowance at the rate and terms and coirditions determined by the Govemment for IAS officers from time to time Housc Rcnt Covemment HARYANA GOVT. CAZ. (EXTRA.), DEC. 17,2018(AGHN. 26, 1940 SAKA) 16. The facility of medical re-imbuffement for treatment shall be admissible to the N'[smlsls Medical Facilitv and only those Ex-Members of the Commission who are pensioners under these regulations, equal to the rate and terms and conditions as applicable to IAS officers and IAS Pensioners of Haryana Govemment, as the case may be. 11. Travel Concession to the Chairman and Members ofthe Commission shall be admissible equal to the rate and terms and conditions applicablc to the Chief Secretary and Principal Sccretary to Govemment, Haryana, respectively. lE. The Chairman and Members shall be entitled to an at-conditioned staff car on the same terms and conditions as are applicable to Chief Secretary to Govemment, Haryana and Principal S€cr€tary to Govemment, Haryana respectiyely. 19. (1) The Staff of the Commission shall consisl of a Secretary and such number of other officials, on such scales of pay, as the Governor may ftom time to time determine and their conditions of service shall be such, as may be detennined by the Service Rules llamed for the purpose. (2) The Secretary to the Cornrnission shall bclong to the cadre of the I.A.S. or H.C.S. Officers and shall be appointed by the Govemor after consultation with the Commissiou. (3) Besides basic pay, tho Secretary shall be entitled to such special pay, ifany, as the Govemor may fix. (4) In all matters relating to pay, leave, discipline, etc. the Secretary shall be govemed by the rules ofthe service to which he belongs. 20. In respect of any matter pertaining to terms and conditions of service for which no provision has been made in these regulations, the Chairman and Member of the Commission shall be govemed by the rules and orders applicable to the Chief Secretary to Govemment Haryam ard Principal Secrctary to Government Haryana, respectively or as specified by the Govcmor. 21. The Haryana Public Service Commission (Conditions of Service) Regulations, 1972 are hereby repealed: Providcd that anlthing done or any action taken under the regulations so repealed shall be decmed to have been done or taken under the conesponding provisions ofthese regulations. Slaff. Geneml . Rcpeal and Savings . Tlavel Concession. DEC. 17, 2018 (AGHN. 26, l94o SAKA) 776 HARYANA GOVT GAZ. (EXTRA.), consriturion of India ", #1"* ;;;rirrr.a una that I will loyally carry out the duties of my office' APPENDIX A Form of Oath of Allegiancc Form of Oath of Office appointed a Member of the Haryana Public Service Commission do solemnly declare' itJ Auti., of my office to the best of my ability, knowledge and judgement' that I will faithfullY Perform Form of Oath of SecrecY solemnly affirm that I will not directlY or indirectlY communicate or reveal to any Person or persons any matter which shalt be brought under mY consideration or shall become known to me as a member of the Haryana Public Service Commission, excePt as may be required for due discharge of mY duties as such Member or as may be speciallY permitted by the Governor Note.- These oaths will be administered by the Govemor in person in the presence of the chief Secretary' Chief Secretary to Govemment, Haryana'