The Haryana Service of Engineers, Group A, Irrigation Department Act, 2010

1. (1) This Act may be called the Haryana service of Engineers, Group A, Irrigation Department Act, 2010.
2. (2) It shall be deemed to have come into force on the 1st day of November, 1966.
3. (3) It shall apply to the persons who are members of the Service but shall not include the persons who were appointed before the 1st day of November, 1966.

Definitions In this Act, unless the context otherwise requires,- Definitions

1. (a) "appointment to the Service" means an appointment to a cadre post in Service and made according to the terms and to an officiating vacancy of a cadre post in Service;
2. (b) "Appendix" means Appendix annexed to this Act;
3. (c) "cadre post" means a permanent post in the service;
4. (d) "Chief Engineer" means a Chief Engineer of the Department and includes a post declared by the Government as equivalent;
5. (e) "Commission" means the Haryana Public Service Commission or any other authority notified by the Government;
6. (f) "competent authority" means the Government, or any other authority as the Government may, by notification, appoint to perform the functions of the competent authority under this Act;
7. (g) "Department" means the Irrigation Department;
8. (h) "Engineer-in-Chief" means an Engineer-in-Chief of the Department and includes a post declared by the Government as equivalent;
   • (i) "ex-cadre post" means a temporary post not included in the Service, appointment on which confers no right to seniority;
9. (j) "Executive Engineer" means an officer-in-charge of a Division and includes a post declared by the Government as equivalent;
10. (k) "Government" means the Government of the State of Haryana in the Administrative Department;
11. (l) "Group B Service" means the Haryana Service of Engineers, Group B, in Irrigation Department;
12. (m) "member of the Service" means an officer appointed substantively to a cadre post and includes;-
    • (i) in the case of an appointment by probation or such an officer who has completed his probation, awaits a cadre post;
    • (ii) performing the duties of a cadre post;
13. (n) "prescribed" means prescribed by rules made under this Act;
14. (o) "Service" means the Haryana service of Engineers, Group A, Irrigation Department comprising separate cadres of Civil, Mechanical, Computer and Electrical;
15. (p) "Superintending Engineer" means an officer-in-charge of a Circle and includes a post declared by the Government as equivalent;
16. (q) "university" means-
    • (i) any university incorporated by law in India;
    • (ii) in the case of degrees or diplomas obtained as a result of examination held before the 15th August, 1947, the Punjab, Sind or Dacca University; and
    • (iii) any other university, which is declared by the Government to be a recognized or deemed university for the purposes of this Act.

1. (1) There shall be separate cadres of Service, namely, Civil, Mechanical, Computer and Electrical comprising various posts as may be determined separately for each cadre on the 1st day of January each year or as soon thereafter, as may be practicable according to the provisions of Appendix A. The strength of the respective cadres so determined shall remain in force till it is revised by the Government.
2. (2) The officers of Civil, Mechanical, Computer and Electrical cadres shall be promoted or appointed only against the respective post in their cadre.
3. (3) Notwithstanding anything contained in sub-section (1), the Government may appoint a member of the Service to an ex-cadre post not included in the Service in accordance with the provisions of this Act, provided such post has been sanctioned.

Nationality and domicile candidates

1. (1) No person shall be appointed to the Service unless he is,-
   • (a) a citizen of India ; or
   • (b) a subject of Sikkim ; or
   • (c) a subject of Nepal ; or
   • (d) a subject of Bhutan ; or
   • (e) a Tibetan refugee who came over to India before the 1st day of January, 1962, with the intention of permanently settling in India ; or
   • (f) a person of Indian origin who has migrated from Pakistan with the intention of permanently settling in India : Provided that a candidate belonging to any of the categories (c), (d),
   • (e) or (f) shall be a person in whose favour a certificate of eligibility has been given by the competent authority and if he belongs to category (f), the certificate of eligibility will be issued for a period of one year, after which such a candidate will be retained in Service subject to his having acquired Indian citizenship.
2. (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed subject to the necessary eligibility certificate being given to him by the competent authority.

Recruitment to Service, Qualification

1. (1) Recruitment to the Service in the respective cadre shall be made by the Government by anyone or more of the following methods:-
   • (a) by promotion from Group B Service of the respective cadre; or
   • (b) by transfer of an officer already in the service of a State Government or the Central Government.
2. (2) In the case of persons who were members of the Service as on 1st day of November, 1966, it shall be assumed that the member promoted as Executive Engineer from Group B Service is in accordance with the provisions of clause (a) of sub-section (1) and future promotion shall be based upon this assumption.

[No title] No person shall be promoted on or after the date of publication of this Act in the Official Gazette, unless he,-

1. (a) possesses one of the degrees as a regular full time student from a university; or possesses degree of the Associate Membership Examination of the Institution of the Engineers (India); and
2. (b) has rendered eight years service as Sub-Divisional Officer (Group B Service) and passed the departmental examination of Group B Service: Provided that the Government may relax the condition of eight years service in the case of an officer who has completed five years service;
3. (c) has not more than one wife living or, in the case of a women, is not married to a person already having a wife living:

Appointment by promotion

1. (1) A Committee comprising such members, as may be notified by the Government, shall be constituted to prepare a list of officers suitable for promotion to the senior scale of the Service separately for Civil, Mechanical, Computer and Electrical cadre. The selection for inclusion in such list shall be based on seniority-cum-merit.
2. (2) The Committee shall meet at intervals ordinarily not exceeding one year and consider the cases of all eligible officers for promotion to the senior scale of the Service, as on the First day of January of that year.
3. (3) The names of the officers included in this list shall be arranged in order of inter-se seniority in Group B Service separately for Civil, Mechanical, Computer and Electrical cadre.
4. (4) The list so prepared shall be revised every year.
5. (5) If in the process of preparing the list or its revision, it is proposed to supersede any eligible candidate, the Committee shall draw up a list of such officers and may record its reasons for the proposed supersession.
6. (6) The list prepared or revised in accordance with the provisions of sub-sections (1), (3),
7. (4) and (5) shall be forwarded to the Commission by the Government along with-
   • (i) the records of all officers included in the list;
   • (ii) the records of all officers proposed to be superseded as a result of the recommendations made by the committee;
   • (iii) the reasons, if any, recorded by the committee for the proposed supersession of any officer; and
   • (iv) the observations, if any, of the Government on the recommendations of the Committee.
8. (7) The Commission shall consider the list prepared by the Committee alongwith other documents received from the Government and, unless it considers any change necessary, approve the list.
9. (8) If the Commission considers it necessary to make any change in the list received from the Government, it shall inform the Government of the changes proposed and after taking into account the comments, if any, of the Government, may approve the list finally with such modification, if any, as may, in its opinion, be just and proper.
10. (9) Appointment by promotion may be made to the Service or to any post in the cadre in an officiating capacity from the list prepared under this section.
11. (10) It shall not ordinarily be necessary to consult the Commission before promotion under sub-section (9) is made, unless during the period intervening between the inclusion of the name of the officer in the list and the date of the proposed promotion, there occurs any deterioration in the work of the officer which in the opinion of the Government is such as to render him unsuitable for promotion to the Service.

1. (1) Subject to the provisions of sub-sections (2) and (3), members of the Service of the respective cadre shall be eligible for promotion on the basis of degree required for initial appointment to any of the post within their respective cadres: Provided that a member of Group B service who does not possess the higher qualification as laid down for the initial appointment to the post of Executive Engineer shall not be eligible for promotion to the post of Executive Engineer in the Service, until he has acquired the requisite qualifications: Provided further that promotion to the post of Engineer-in-Chief shall be made from amongst the members of the Civil cadre only: Provided further that in case of Mechanical, Computer and Electrical cadre, an Executive Engineer having an experience of seven years, may be given the pay scale of the post of Superintending Engineer as a personal measure while working as Executive Engineer, if an Executive Engineer of Civil cadre having equivalent length of Service as Executive Engineer has been promoted as Superintending Engineer: Provided further that in the case of Mechanical, Computer and Electrical cadre, a Superintending Engineer having an experience of three years, may be given the pay scale of the post of Chief Engineer as a personal measure while working as Superintending Engineer, if a Superintending Engineer of Civil cadre having equivalent length of service as Superintending Engineer has been promoted as Chief Engineer. Explanation.-Once an officer has been appointed as member of the Service, his promotion within the Service from one rank to another shall be regarded as promotion within the same cadre.
2. (2) Promotion shall be made by selection on the basis of seniority-cum-merit and suitability in all respects and a member of the Service shall not have any claim to such promotion as a matter of right or mere seniority.
3. (3) A member of the Service shall not be eligible for promotion to the rank of-
   • (a) Superintending Engineer, unless he has rendered seven years Service as an Executive Engineer;
   • (b) Chief Engineer, unless he has rendered three years Service as Superintending Engineer;
   • (c) Engineer-in-Chief, unless he has rendered two years Service as Chief Engineer: Provided that if, it appears to be necessary to promote an officer who has successfully completed his probation, in public interest, the Government may, for reasons to be recorded in writing, either generally for a specified period or in any individual case, reduce the period specified in clauses (a),
   • (b) or (c) to such an extent, as it may deem proper.

The Government may, in special circumstances, with the approval of the Commission, appoint an officer to the Service by transfer.

1. (1) The officer appointed to the Service shall remain on probation for a period of one year: Provided that-
   • (a) any period after appointment to the service spent on deputation on a corresponding or a higher post shall count towards the period of probation fixed under this section;
   • (b) in the case of an appointment by transfer, any period of work in the rank of Executive Engineer or above, prior to appointment to the Service may, at the discretion of the Government, be allowed to be counted towards the period of probation fixed under this section; and
   • (c) an officiating appointment in the Service shall be reckoned as a period spent on probation but no member of service who has thus officiated shall, on the completion of the specified period of probation, be entitled to be confirmed, unless he is appointed against a cadre post.
2. (2) If the work or conduct of an officer appointed to the Service during the period of probation is, in the opinion of the Government, not satisfactory, it may-
   • (a) revert him from to his former post; or
   • (b) deal with him in such other manner, as the terms and conditions of his previous appointment permit; or
   • (c) 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.
3. (3) On the completion of the period of probation of an officer, the Government may, if his work or conduct has, in its opinion, been satisfactory,-
   • (a) confirm such person in his appointment; or
   • (b) if no cadre post is vacant for him, declare that he has completed his probation satisfactorily.

1. (1) The seniority of the members of the Service shall be determined separately for the Civil, Mechanical, Computer and Electrical cadre.
2. (2) Executive Engineer promoted from Group B Service shall be senior to the Executive Engineer appointed by transfer.
3. (3) In the case of the Executive Engineers 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.
4. (4) Where a member of the Service, for a cause which the Government considers to be sufficient, is unable to join the Service or continues with the Government's approval on deputation outside the Service, it shall be open to the Government to allow him credit for such service as if it was a Service rendered under this Act for the purposes of the fixation of his seniority. Explanation.-All employment on deputation after a member has joined the Service and has had his seniority fixed under this Act, shall count as if it was employment in the Service and shall not in any way affect the seniority already fixed, except to the extent that such seniority would in any case have been affected, had the member of the Service continued to work in the Department.

The members of the Service shall be entitled to such scales of pay including special pay, as may be notified in the Official Gazette by the Government.

The terms and conditions in respect of leave, pension and other cognate matters not expressly provided for in this Act, shall be such, as may be prescribed.

Every member of the service shall get himself vaccinated and revaccinated as and when the Government so directs by special or general order.

In matters relating to discipline, punishment and appeals, members of the Service shall be governed by such Rules, as may be framed by the Government from time to time.

Every member of the Service, unless he has already done so, shall be required to take the oath of allegiance to India and to the constitution of India as by law established.

1. (1) A member of the service shall be liable to serve under the Government at any place whether within or outside the State of Haryana.
2. (2) A member of the service may also be deputed to serve under,-
   • (i) Bhakra Beas Management Board, Upper Yamuna River Board or Central Water Commission or any other Board or Corporation, as may be notified by the Government;
   • (ii) a company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Government, a municipal corporation or a local authority within the State of Haryana;
   • (iii) the Central Government or a company, an association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government; or
   • (iv) any other State Government, an international organization, an autonomous body not controlled by the Government or a Private body: Provided that no member of the Service shall be deputed to serve the Central Government or any other State Government or any organization or body referred to in clauses (iii) and (iv) except with his consent.
3. (3) Every person appointed to the service shall, if so required, serve in any defence service or post connected with the defence of India for a period not less than four years including the period spent on training, if any: Provided that such person-
   • (a) shall not be required to serve as aforesaid after the expiry of ten years from the date of appointment to the Service: and
   • (b) shall not ordinarily be required to serve as aforesaid after attaining the age of forty years.

If a member of the Service is dismissed by the Government or other competent authority as a result of a departmental enquiry or an enquiry under the Public Servants (Inquiries) Act, 1850 (Act 37 of 1850) or on conviction on a criminal charge by a Court, the Government may publish in the Official Gazette, the reasons for such dismissal, if it is of the opinion that such publication is desirable in the public interest.

In all matters not expressly provided for in this Act, the members of the Service shall be governed by such general or special rules as may have been, or may hereafter be, framed by Government, from time to time.

Where the Government is satisfied that the operation of any of the provisions of this Act causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that provision to such an extent, and subject to such conditions, as it may consider necessary for dealing with the case in a just and equitable manner.

Nothing contained in this Act shall affect reservations and other concessions required to be provided for Scheduled Castes, Scheduled Tribes, Backward Classes, Other Backward Classes, Ex-Servicemen, persons with disabilities or any other class or category of persons in accordance with the orders issued by the Government in this regard.

1. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session.