The Haryana Fisheries Department (State Service Group C) Rules, 1979

These rules may be called the Haryana Fisheries Department (State Service Group C) Rules, 1979.

2. In these rules, unless the context otherwise requires,— (1) "Commission" means the Public Service Commission for H (2) "direct recruitment" means an appointment made otherwise than by promotion or by transfer of an official already in the service of the Government of India or any State Government (3) "Government" means the Haryana Government in the Administrative Department (@) "recognised university" means,— (i) any university incorporated by law in India, or (ii) in the case of degree, diploma certificate obtained as result of an examination held before the 15th August, 1947, the Punjab, Sind or Dacca University, or (iii) any other university declared by Government to be a recognised university for the purpose of these rules; (f) "Service" means the Haryana Fisheries Department State Service, Group : ‘B’.

The Service shall comprise of the posts shown in Appendix 'A' to these rules; Provided that nothing in these rules shall affect the inherent right of Government to make additions to or reduction in the number of such posts or to create new posts with different designation and scale of pay. either permanently or temporarily.

4. (1) No person shall be appointed to the Service, unless he is— (a) a citizen of India: or (b) a subject of Nepal. or (c) a subject of Bhutan. or (d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India er (e) a person of India origin who has migrated from Pakistan, Burma, Srilanka, East African countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire and Ethopla with the intention of permanently settling in India Provided that a person belonging to category (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government. (2) A person in whose case a certificate of eligibility is necessary may be admitted to an examination of interview conducted by the Haryana Public Service Commission or any other recruiting authority. but the offer of appointment may be given only after certificate has been issued to him by the Government. (3) No person shall be appointed to the Service by direct recruitment. unless he produces a certificate of character from the principal academic officer of the university, college, school or institution last attended. if any, and similar certificates from two other responsible persons not being his relatives who are well acquainted with him in his private life and are unconnected with his university, college, school or institution.

5. No person shall be appointed to the Service by direct recruitment who is less than seventeen years or more than twenty-seven years of age, on the last date of submission of applications to the Commission.

6. Appointments to the posts in the Service shall be made by the Government after consultation with the Commission.

7. No person shall be appointed to the Service, unless he is in possession of qualifications and experience specified in Appendix B to these rules.

No person :— (a) Who has entered into or contracted a marriage with a person having a spouse living, or (b) Who having a spouse living, has entered into or contracted a marriage with any person shall be eligible for appointment to any post in the 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 there are other grounds for so doing, exempt any person from the operation of this rule.

Recruitment to the Service shall be made,— (i) by promotion; or (ii) by direct recruitment; or (iii) by transfer or deputation of an official already in service of any State Government or the Government of India: Provided that appointment to the post of Commercial Fisherman shall be made by selection, from amongst the Fishermen/Field Assistants/Extension Assistants, Supervisors having at least two years experience in the Fisheries Department on the merit to be determined on the basis of marks obtained in the test prescribed in Appendix F to these rules. 9. (1) Recruitment to the Service shall be made;— (a) by promotion 50% or (b) by direct recruitment 50% or (c) by transfer or deputation of a person, already in the service of any State Government or the Government of India ; provided no eligible person is available for promotion or direct recruitment. (2) When any vacancy occurs or is about to occur in the Service, the appointing authority shall determine in what manner such vacancy shall be filled. (3) Appointment to any past by promotion shall be made strictly on the basis of seniority-cum-merit, and no person shall be entitled to claim promotion on the basis of seniority alone.

(1) Persons appointed to the Service shall remain on probation for a period of two years, if appointed by direct recruitment, and one year, if appointed otherwise: Provided that— (a) any period after such appointment spent on deputation on a corresponding or a higher post shall count towards the period of probation; (b) any period of work in equivalent or higher rank, prior to appointment to the Service may, in the case of any appointment by transfer at the discretion of the appointing authority, be allowed to count towards the period of probation fixed under this rule; and (c) any period of officiating appointment shall be reckoned as period spent on probation, but no one who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed, unless he is appointed against a permanent vacancy. (2) If in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, he may— (a) if such person is appointed by direct recruitment, dispense with his service; and (b) if such person is appointed otherwise than by direct recruitment— (i) revert him to his former post; or (ii) deal with him in such other manner as, the terms and conditions of the 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 if there is no permanent vacancy; or (iii) declare that he has completed his probation satisfactorily; and (b) if his work or conduct has in its opinion, been not satisfactory, (i) dispense with his services, 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 previous appointment permit ;or (ii) extend his period of probation and thereafter pass such order, as it could have passed on the expiry of the first period of probation: Provided that the total period of probation, including extension if any, shall not exceed three years. (ii) deal with him in such other manner as, the' terms and conditions of the 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 if there is no permanent vacancy ; or

(iii) declare that he has completed his probation satisfactorily ; and

(b) if his work or conduct has in its opinion, been not satisfactory,

(i) dispense with his services, if appointed by direct recruitment ; if appointed otherwise, revert him to his former post or deal with him in such other manner as the terms and conditions of previous appointment permit ; or

(ii) extend his period of probation and thereafter pass such order, as it could have passed on the expiry of the first period of probation :

Provided that the total period of probation, including extension if any, shall not exceed three years. @) On. the céicapletign of the ne patio’ of probation of a person, the appoint . » ing authority ‘may,— @) If his ‘work or cod has, J invits opinion, ‘bee iatisfactory—_ * @i) confirm such person from the date of his sppointnct, if appoitited ms “Beale, a peianeentt vacaiicy ; or’. _ ii) coum such- person from the date from which a permanent vacancy ‘dccurs, if appointed apainst a a tegnporary vacancy ; or “iy ‘declare that he’ has “completed his probation satisfactorily if ; * there i is ‘no permanent vacancy 5 or’... (b) If, ni: work or: condiict has i in. its: opinion, been not: ‘satisfactory, — (i) dispense with, this services, -if- appointed. ‘by, direct recruitment,- if’ ‘appointed ‘othérwise, revert-him to his former post or deal. with hiin:in- such’ other manner. as fhe terms and con- ditions of his previous appointment permit ; _ Gi) extend His. period’ “of. probation and thereafter’ pass such -order, .) ‘ds-it cquid“ have © passed - on the expiry of the first eves of a -probation :

Provided that the total- period: ‘of probation; including, exte nsion, Ar any, _ Shall not exceed thiee years,

11. (1) Fisheries Officers appointed to the Service shall within one year from the date of his appointment to the Service, pass the departmental examination as prescribed in the Appendix ‘E’ to these rules.

(2) Fisheries Officer and technical staff shall get fisheries training at Barrackpore/Calcutta/Agra on their turn. In case of refusal by the official to undergo the said training the appointing authority with the approval of Government may stop his increment until he gets his training.

(3) In order to pass the departmental examination a member shall have to obtain fifty per cent marks in each paper. A member getting sixty percent or above shall be deemed to have qualified the departmental examination with credit.

(4) if any officer fails so to pass the departmental examination his services may be terminated ; or, as the case may be, he may be reverted to his former post :

Provided that the Government may exempt any member of the Service from so passing the whole or any portion of the departmental examination or may extend the period within which the member of the Service shall so pass the examination.

(3) The Increments shall be regulated as under :—

(i) if a member of the Service passes the departmental examination within a period of two years, from the date of his appointment, he shall be entitled to get two increments, including that already earned by him, from the date, if any, following the last day on which the departmental examination is completed. However, he shall be entitled to get the third increment after the completion of three years service ;

(ii) in case a member of the Service is allowed extension in the period within which the said examination is required to be passed, his next increment(s) for the period subsequent to that within which the departmental examination was to be passed, shall be released only from the date following the last day on which the examination is completed ;

(iii) if he fails to pass the departmental examination, or a part thereof, and is subsequently exempted by the Government from passing the departmental examination or any part thereof, as the case may be, his increments for the period subsequent to that within which the departmental examination was to be passed, shall be released from the date he is given such exemption ;

(iv) further increments will normally be admissible on the dates on which they would have become otherwise due. 11. (1) Every member of the service, shall within two years from the date of his appointment to the Service, pass the departmental examination as prescribed in the Appendix 'B' to these rules. (2) if a member has already passed the departmental examination in both the papers in Haryana Fisheries Department State Service Group C with credit he shall not be required to pass the same in this Service. (3) In order to pass the departmental examination, a member shall have to obtain 50 per cent marks in each paper. A member getting 66 \s tent marks or above in each paper shall be deemed to have qualified the departmental examination with credit and he shall not be required to pass the said examination in Class I Service again. (4) if an member fails to pass the departmental examination, his services shall be terminated ; provided that the Government may exempt any member of the Service from passing the whole or any portion of the departmental examination or may extend the period with which the member of the Service shall pass the examination. 43 8) The increments of a member of the Service shall be regulated as under :— (a) If a member of the Service passes the departmental examination within a period of two years from the date of his appointment, he shall be entitled to get two increments, including that already earned by him from the date, if any following the last day, of which the departmental examination is completed. However, he shall be entitled to get the third increment after the completion

12. Seniority, inter se of members of the Service shall be determined by the length of continuous service on any post in the Service :

Provided that where there are different cadres in the Service, the seniority shall be determined separately for each cadre :

Provided further that in the case of members appointed by direct recruitment, the order of merit determined by the Board, shall not be disturbed in fixing the seniority :

Provided further that in the case of two or more members appointed on the same date, their seniority shall be determined as follows :—

(a) a member appointed by direct recruitment shall be senior to a member appointed by promotion or by transfer ;

(b) a member appointed by promotion shall be senior to a member appointed by transfer ;

(c) in the case of member appointed by promotion or by transfer, seniority shall be determined according to the seniority of such members in the appointments from which they were promoted or transferred ; and

(d) in the case of members appointed by transfer from different cadres, their seniority shall be determined according to pay, preference being given to a member, who was drawing a higher rate of pay in his previous appointment, and if the rates of pay drawn are also the same, then by the length of their service in the appointments, and if the length of such service is also the same, the older member shall be senior to the younger member.

13. (1) A member of the Service shall be liable to serve at any place, whether within or outside the State of Haryana.

(2) A member of the Service may also be deputed for service as under :—

(i) a company, an association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the State Government, a Municipal Corporation or local authority within the State of Haryana ;

(ii) the Central Government or a company, an association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government ; or

(iii) another State Government, international organisation, an autonomous body not controlled by the Government, or a private body :

Provided that no member of the Service shall be deputed to the Central or any other State Government or any organisation or body referred to in clauses (ii) and (iii) except with his consent.

14. In respect of pay, leave, pension and all other matters not expressly provided for in these rules, the member of the Service shall be governed by such rules and regulations as may have been, or may thereafter be adopted or made by the competent authority under the constitution of India or under any law for the time being in force made by the State Legislature.

15. (1) In matters relating to discipline, penalties and appeals, members of the Service shall be governed by the Punjab Civil Service (Punishment and Appeal) Rules, 1952, as amended from time to time by the Haryana Government;

Provided that the nature of penalties which may be imposed, the authority empowered to impose such penalties and appellate authority shall, subject to the provisions of any law, be such as are specified in Appendix ‘C’ to these rules.

(2) The authority competent to pass an order under clauses (c) and (d) of sub-rules (1) of rule 10 of the Punjab Civil Service (Punishment and Appeal) Rules, 1952, and the appellate authority shall also be as Appendix ‘D’- to these rules.

16. Every member of the Service shall get himself vaccinated and revaccinated, if and when the Government so direct by special or general order.

17. Every member of service, unless he has already done so shall be required to make the oath of allegiance to India and to the Constitution of India as by law established.

18. Where the Government is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing relax any of the provisions of these rules with respect to any class or category of persons.

19. Not withstanding anything contained in these rules, the appointing authority may impose special terms and conditions in the order of appointment if it is deemed expedient to do so.

20. Nothing contained in these rules shall affect reservations and other concessions required to be provided for Scheduled Castes and other Backward Classes in accordance with the orders issued by the State Government in this regard from time to time, under clause (4) of article 16 of the Constitution.

21. Punjab Fisheries Rules, 1935, applicable to the State of Haryana and corresponding to any of these rules which are in force immediately before the commencement of these rules are hereby repealed :

Provided that any order made of action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

Rule, Volume, Part etc. Civil Services Rules, Financial Hand-Book, Rule 4.1 to 4.49, 4.92, 18.40 to 4.140

APPENDIX ‘A’ (See rule 3)

TECHNICAL

1. Fisheries Officer | Permanent: — | Temporary: 13 | Total: 13 | Scale of Pay: 225—15—360/20—500 2. Sectional Officer (Civil) | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 200—10—280/15—400 3. Assistant Fisheries Officer | Permanent: 18 | Temporary: — | Total: 18 | Scale of Pay: 160—10—280/15—400 4. Marketing Assistant | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 130—5—160/5—300 5. Salesman | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 110—4—130/5—160/5—225 6. Commercial Fisherman | Permanent: — | Temporary: 10 | Total: 10 | Scale of Pay: 110—4—130/5—160/5—225 7. Driver | Permanent: — | Temporary: 4 | Total: 4 | Scale of Pay: 110—4—130/5—160/5—180 8. Pumping Set Driver | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 100—4—140/5—160 9. Laboratory Assistant | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 100—4—140/5—160 10. Fisheries Supervisor | Permanent: 9 | Temporary: — | Total: 9 | Scale of Pay: 100—4—140/5—160 11. Fisheries Extension Assistant | Permanent: — | Temporary: 2 | Total: 2 | Scale of Pay: 90—3—120/4—140 12. Fisheries Farm Assistant | Permanent: — | Temporary: 5 | Total: 5 | Scale of Pay: 90—3—120/4—140 13. Laboratory Attendant | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 90—3—120/4—140

NON-TECHNICAL

1. Head Assistant | Permanent: 1 | Temporary: — | Total: 1 | Scale of Pay: 300—20—400/20—500/25—550 2. Accountant (Senior Scale) | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 225—15—360/20—500 3. Statistical Assistant | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 225—15—360/20—500 4. Assistant/Accountant | Permanent: 7 | Temporary: 8 | Total: 15 | Scale of Pay: 160—10—280/15—400 5. Stenographer | Permanent: 1 | Temporary: — | Total: 1 | Scale of Pay: 160—10—280/15—400 6. Cashier | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 130—10—200/10—250 7. Steno Typist | Permanent: — | Temporary: 1 | Total: 1 | Scale of Pay: 110—4—130/5—160/5—225 + Rs. 25 as special pay 8. Clerks | Permanent: 12 | Temporary: 16 | Total: 28 | Scale of Pay: 110—4—130/5—160/5—225 NON-TECHNICAL

| Designation of post | Permanent | Temporary | Total | Scale of pay | | :--- | :--- | :--- | :--- | :--- | | Head Assistant | 1 | _ | 1 | 300—20—400/20—500/25—550 | | Accountant (Senior Scale) | — | 1 | 1 | 225—1 5—360/20—500 | | Statistical Assistant | _ | I | 1 | 225—15-—-360/20—500 | | Assistant/Accountant | 7 | 8 | 15 | 160—10—280/15—~400 | | Steno grapher | 1 | ~s | 1 | 160—10—280/15—400 | | Cashier | — | I | 1 | 130—10—200/10—250 | | Steno Typist | — | 1 | 1 | 110—4—130/5—160/5—225+Rs 25 as special pay | | Clerks | 12 | 16 | 28 | 110—4—130/5—160/5—225 |

APPENDIXaR /)- are (See Rule 99/5 i Ladies

SYLLABUS FOR THE dOMMERGIAL FISHERMAN PRACTICAL Max. Marks: 100

1. Boating, 2. Diving, 3. Swimming, 4. Cant netting, 5. Net making and' fabrication. 6. Identification of aquatle plants, aninial and all kinds of impor- tant species of fish,

Viva Vooa,—Comprising subjects fishing, crafts, fishing gears, fish marketing, fish conservation, fish culture water temperature, turbidity, p H- (Hydrogen ion Concentration.), depth and area of* water, Aquarium fish, Angling, fish Preservation and ‘recipes.

JKULWANT SINGH, Commissioner and Secretary to Government Haryana Fisheries Department. APPENDIX C (See rule 15)

Serial No.: 1 Designation of post: Fisheries Development Officer/Research Officer Appointing Authority: Government

Nature of penalty, Authority empowered to impose penalty, Appellate authority: (a) warning with a copy in the personal file; Authority empowered to impose penalty: Head of Department; Appellate authority: Government (b) Censure; Authority empowered to impose penalty: Ditto; Appellate authority: Do (c) withholding of promotion; Authority empowered to impose penalty: Ditto; Appellate authority: Do (d) recovery from pay of the whole or part of any pecuniary loss caused to Government by negligence or breach of orders; Authority empowered to impose penalty: Ditto; Appellate authority: Do (e) reduction to a lower service, grade or post or to a lower time scale or to a lower stage in a time scale; Authority empowered to impose penalty: Government; Appellate authority: Do (f) removal from the Service which does not disqualify from future employment; Authority empowered to impose penalty: Do; Appellate authority: Do (g) dismissal from the Service which does ordinarily disqualify from future employment; Authority empowered to impose penalty: Do; Appellate authority: Do

APPENDIX B (See rule 7)

Serial No.: 1 Designation of post: Fisheries Development Officer/Research Officer

Academic qualifications and experience, if any, for direct recruitment: (a) B.Sc. of a recognised University with Zoology as one of the subject, or Post Graduate Training from Fisheries Research Institute, Barrackpore, Calcutta, with two years practical experience of Fisheries Development Programme, or M.Sc. Zoology with Specialisation in Fish and Fisheries. Note.—The experience should be after attaining of basic qualification: and adequate knowledge of Hindi.

Academic qualifications and experience, if any, for appointment by promotion: (a) B.Sc. with Zoology from a recognised University with ten years experience as Fisheries Officer, or four years experience in Fisheries Department after attainment of basic qualification.