The Himachal Pradesh Recruitment And Conditions Of Service Of Government Employees Act, 2024

AND WHEREAS, in the recruitment and promotion rules framed in exercise of the powers conferred under the proviso to article 309 of the Constitution, the appointments on contract basis have also been included;

AND WHEREAS, on account of inclusion of contract appointments in the recruitment and promotions rules, these appointments are being treated as appointments to the public services;

AND WHEREAS, since, the service conditions of the persons working on contract basis are regulated as per the agreement signed between the parties, the various service rules applicable to the Government employees, are not applicable to them and as such the contract appointees are not part of public service;

AND WHEREAS, it is necessary to harmonise the interests of the persons appointed on regular basis to the public services and on contract basis;

NOW THEREFORE, it is expedient to exclude the contract appointments from the recruitment and promotion rules.

BE it enacted by the Legislative Assembly of Himachal Pradesh in the

Seventy-fifth Year of the Republic of India as follows:—

1. Short title and commencement.—(1) This Act may be called the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Act, 2024.

1. (2) It shall come into force on such date1 as the State Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.

In this Act, unless the context otherwise requires,—

1. (a) “Competent Authority” means an authority, as may be prescribed; 1. Act came into force from 20th February, 2025 vide Notification No. PER (AP)-C-A(3)6/2024, dated 19th February, 2025, p. 13321.
2. (b) “Department” means any Department of the Government of Himachal Pradesh;
3. (c) “Government” or “State Government” means the Government of Himachal Pradesh;
4. (d) “Government employee” means a person appointed to the public services on regular basis;
5. (e) “notification” means a notification published in the Rajpatra (e-Gazette), Himachal Pradesh;
6. (f) “prescribed” means prescribed by rules made under this Act; and
7. (g) “State” means the State of Himachal Pradesh.

All recruitments to the public

services in the State shall be made by regularisation of services, or by promotion, or in the manner as may be prescribed.

The conditions of service of a

Regularisation of persons working on contract basis.—

Notwithstanding anything contained in any law, rule, notification, Government order etc. for the time being in force, the services of a person appointed on contract basis or on daily wage basis shall be regularised, in the manner and subject to fulfillment of such terms and conditions, as may be prescribed.

1. (1) The service benefits available under various Central Civil Services Rules, as applicable in the State, the Himachal Pradesh Civil Services Rules, and other service benefits such as, seniority, increment, promotion, etc. shall be applicable only to the employees appointed on regular basis.
2. (2) No person working in any Government Department, who has not been appointed as per the provisions of this Act and rules made thereunder on regular basis shall be entitled to service benefits available under the various Central Civil Services Rules, as applicable in the State, the Himachal Pradesh Civil Services Rules and other service benefits such as, seniority, increment, promotion etc.: Provided that a person shall be entitled for service benefits only from the date of regularisation of his services: Provided further that a person whose services have been regularised after 12th December, 2003 shall also be entitled to service benefits from the date of regularisation, as if their services have been regularised under the provisions of this Act: Provided also that the service benefits already extended to the persons for the service other than regular service shall stand withdrawn.

No rule, regulation,

order, direction, or notification made or published and no adjudication, inquiry or act done under any of the provisions of this Act or the rules made thereunder, which is substantially in consonance with the same, shall be deemed to be illegal, void or invalid only by reason of any defect or form.

Notwithstanding

anything contained in any judgment, decree or order of any court; law, rule, notification, order, etc., for the period commencing on and from 12th December, 2003 and ending on the date of commencement of this Act, in Column number 10 of the recruitment and promotion rules notified in exercise of powers conferred by proviso to article 309 of the Constitution of India, the words “on contract basis”, or such simlar words conveying the same meaning, wherever occurs, the words “by regularisation” shall be deemed to have always been substituted as if this Act had been in force at all material times:

Provided that the appointments, if any, already made on contract basis will be regularised or deemed to have been regularised under the provisions of this Act.

The provisions of this Act shall have

effect notwithstanding anything inconsistant therewith contained in any other law, rule, notification, etc., if any.

1. (1) The State Government may, by notification in the Rajpatra (e-Gazatte), Himachal Pradesh; and after previous publication, make rules for carrying out the purposes of this Act.
2. (2) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of not less than ten days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assembly makes any modification in the rule or decides that the rules should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, published in the Rajpatra (e-Gazette), Himachal Pradesh, make provision, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.

1. (1) All rules, notifications, etc. made or notified in exercise of the powers conferred by the proviso to article 309 of the Constitution of India, which are contrary to the provisions of this Act, are hereby repealed.
2. (2) Without prejudice to the provisions contained in the Himachal Pradesh General Clauses Act, 1968 with respect to repeals, any rule made under the proviso to article 309 of the Constitution, any notification, rule, order, appointment, decision, direction, approval, authorisation, consent, application, request or thing made, issued, given or done except to the extent that a provision may be inconsistent with the provisions of this Act, continue to be in force and shall have effect as if made under the corresponding provisions of this Act.