The Nagaland Work Charged and Casual Employees Regulation (First Amendment) Act, 2024

The Nagaland Gazette October 30, 2024 PART-V NOTIFICATION Dated Kohima, the 25th October, 2024. NO.LAW/BILL/23-28/2024 : : The Nagaland Work-Charged and Casual Employees Regulation (First Amendment) Act, 2024 Act No. 9 of 2024 duly assented by the Hon'b ie Governor on 8tl: Oct. 2024 is hereby published for general information. Sd/- Y. KIKHETO SEM A, IAS C'olnmissioner & Secretary to the Govt. ofNagaland. THE NAGALAND WORK-CHARGED AND CASUAL EMPLOYEES F To incorporate the terms and conditions of appointment and regulation of service of Operation and Maintenance STaff who were crstwhi te called Work- Charged and Casual employees under Public Health Engineering Depanlnent

1. (PHED) and Power Depannrent, into the existing Act of 2001 and to provide for matters connected therewith or incidental thereto An Act to amend the Nagaland Work-charged and Casual Employees RegulatIon Act, 2001. BE it enacted by the Nagaland Legislative Assembly in the Seventy-fifth year of the Republic of India as follows: 1. Short title and commencement ( 1) This Act may be called the Nagaland Work-charged and Casual Employees Regulation (First Amendment) Act, 2024.

1. (2) They shall come in to force with effect from the date of notification in the Nagaland Gazette. Amendment of section 2 After clause (e) in sec{ion 2 of the Naga3and Work-charged and Casual Employees Regulation Act, 2001, (herei11dfter referred to as the principal Act). the following clauses shall be inserted: namely,- 2. ''(f) 'Operatjon and Maintenance Staff means those erstwhile Work-Charge Employees under Power DepaKlnent and Public Health Engineering October 30, 2024The Nagaland Gazette, Part-V Department who are exempted from being phased out and will continue to he maintained bY the concelncd Depannlents until such time the Government decides otherwise.
   • (g) 'OMS' means Operation and Maintenance Staff.' 3. Insertion of Chapter IIIA After section 13, of Chapter III of the principal Act. the following chapter shall be inserted: namely,- ”CHAPTER III A OPERATION AND MAINTENANCE STAFF (OMS)

(!) Recruitment of OMS shall be made through the Boards constituted under section 13E (of Chapter IIIA) below.

1. (2) The Appointing Authority shall be the Head of Department (HOD) with the approval of the Administrative Head of Department (AHOD) 13B. \vage

Terms of appointment ( 1 ) All appointees shall be subjected to an observation period of 1 (one) year after which they shall undergo a Suitability Test.

1. (2) The Suitability Test shall be conducted by the Department at the Division level; however a common seniority list of OMS shall be maintarned The Nagaland Gazette, Part-V October 30, 2024 centrally at the Directorate level for the puTose of empanelment for regularization under sub- section (3 ) below.
2. (3) Appointees who qualify the Suitability Test shall be empanelled for integration to the department by ngularization on seniority basis against vacant sanctioned posts of field staff: Provided that those who do not qualify the suitability test conducted under sub-section (2) above shall be tenninated immediately.
3. (4) Vacancies against sanctioned posts of field staff in Public Health Engineering and Power Depanlnents shall be filled by C)MS through the provisions of this Act except the posts reserved for COInpassionate Appointments.
4. (5) Inespective of having passed the suitability test, OR'IS appointed under tIle provisions of this Act shall be terminated at any point if they do not meet the requisite criteria of health, performance and integrity which shall be notified by the department. 1:3D. Restriction on appointment
5. (1) The Strength of C)MS shall be maintained within the Ceiling Limit prescribed by Government through the Commission.
6. (2) The Appointing Authority shall be held liable for any appointment of OMS in the dcpaRlnent in excess of the number prescribed by the State Government. Such excess appointments shali be treated as illegal. 138:. Constitution of Recruitment Boards ( 1 ) The respective department, having OMS establishment, shall constitute a recruitment Board consisting of not less than 3 (three) members at the centralized level of Directorate for making recruitment to the OMS.
7. (2) The Board shall, having regard to the qualifIcations and skills requIred for the job and also service experience, invite applications from the indigenous residents of the area/division/'district where the work is goIng October 30, 2024 The Nagaland Gazette, Part-V to be operated and maintained. Thereafter it shall screen all the C)MS for the pulpose of appointments under section 13 A (of Chapter-IIIA)
8. (3) The Recruitment Board shall give preference to the indigenous residents of the area/ division/ district where the projects/ works are to be operated and maintained when making recommendations for appointnrent under this Act: Provided that parity between divisions and \’illages under their jurisdiction shall be maintained as per the requirement.
9. (4) The names of the candidates nominated by the Board shall be forwarded to tIre Government with all necessary documents and procedure for approval of the Government.

The OMS shall be entitled to casual leave, holidays, working hours as may be prescribed in this behalf. 13(;. Power to review the scale and terms of appointment of OMS The Commission constituted under Chapter II of the principal Act shall review the wage, noun and scale of C)MS or ON4S of any department from time to time as may be directed by the State Government. 1311. Power to reserve the vacancies The State Governlnent may, with due regard to the identification of posts and jobs. md}<c an appropriate order to any DepaNlnent for reserving the vacancies as may be specified for iinplenlent ing the scheme formulated under section 13C' (of Chapter III A):’

The Nagaland Gazette, Part-V October 30, 2024 THE NAGALAND WORK-CHARGED AND CASAUL EMPLOYEES REGULATION (FIRST AMENDMENT) BILL, 2024 (As passed by the Nagalalrd I,egislative Asseln bly on the 29l!' August, 2024) I’his Bill was passed b)’ the Nagaland £.egislalive Assemt)!) on 29.08.2024. Sd/- SlIARIN'GAIN I.,ONGKUMER S P } .:AK L': R Nagala11d I .cgislat i\'e Assembly Kohima, The 29-8-2024 I assent to this Bill Sd/- LA GANESAN GOVERNOR Kohima, The 8- 10-2024