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(Authoritative English text of this department’s Notification No. Home-B(A)3-6/2007
dated 14.10.2011 as required under Clause (3) of Article 348 of the Constitution of
India.)
Government of Himachal Pradesh
Department of Home
***
No. Home-B(A)3-6/2007
Dated Shimla-2
the
14.10. 2011
NOTIFICATION
In exercise of the powers conferred by proviso to Article 309 of the
Constitution of India, the Governor, Himachal Pradesh, in consultation with the Himachal
Pradesh Public Service Commission, is pleased to make the Recruitment and Promotion
Rules for the post of
Company Commander/Senior Instructor/Store Officer/Centre
Commander Class-III, (Non-Gazetted) in the Department of Home Guards\ and Civil
Defence Himachal Pradesh, as per Annexure –“A” attached to this notification namely:-
Short title and commencement. 1
$) These Rules may be called the
Himachal Pradesh Home Guards
and Civil Defense Department,
Company
Commander/Senior
Instructor/Store
Officer/Centre
Commander , Class-III (NonGazetted)
Recruitment
and
Promotion Rules, 2011.
2) These Rules shall come into force
from date of publication in
Rajpatra, Himachal Pradesh.
Repeal & Savings.
2
1) The Himachal Pradesh Home
Guards and
Civil Defence
Department,Company Commander/
Senior
Instructor/Store
Officer/Centre Commander ClassIII (Non-Gazetted) Recruitment
and Promotion Rules 1989 notified
vide notification No. Home-II(B)23/81
dated 15.2.1989 as
amended from time to time are
hereby repealed.
2) Notwithstanding such repeal any
appointment made or any thing
done or any action taken under
the relevant rules, so repealed
--2--
2under sub-rule, 2 (1) supra shall be
deemed to have been validly made
done or taken under these rules.
By Order
Sd/Pr. Secretary(Home) to the
Government of Himachal Pradesh.
No. Home- Home-B(A)3-6/2007
Dated Shimla-2, the 14.10. 2011
Copy forwarded to :1. All the Administrative Secretaries to the Government of Himachal Pradesh.
2. The Secretary, Himachal Pradesh Public Service Commission, Shimla-2 along with
2 spare copies.
3. The Director General, Home Guards, Civil Defence & Fire Services, Himachal
Pradesh, Shimla-1 for information and necessary action with 5 spare copies.
4. The Controller, Printing & Stationery, Himachal Pradesh, Shimla-5 with the
requested that the same may be publish in the Rajpatra and copy of the same be
supplied to this department.
5. The Deputy Legal Remembrance-cum-Dy. Secy. (Law) to the Government of
Himachal Pradesh, Shimla-2.
6. Guard file.
-Sd
Under Secretary(Home) to the
Government of Himachal Pradesh.
ANNEXURE-A
RECRUITMENT AND PROMOTION RULES FOR THE POST OF
COMPANY
COMMANDER/SENIOR
INSTRUCTOR
/STORE
OFFICER/CENTER COMMANDER, NON-GAZETTED CLASS-III IN
THE DEPARTMENT OF HOME GUARDS, CIVIL DEFENCE,
HIMACHAL PRADESH.
Company Commander/Senior Instructor/Store
Officer/Centre Commander
20 (twenty) (Company Commander=I5, Senior
Instructor=01, Store Officer=01, Center
Commander=03).
Class-III (Non- Gazetted ) (Non Ministerial).
1.
Name of the post:
2.
Number of post(s):
3.
Classification:
4.
Scale of pay (be given in
expanded notation:
i)
5.
Whether Selection post
or non-selection post:
Age for direct
recruitment:
Non-Selection.
6.
Pay scale for regular incumbents Rs..
10300-34800+Rs. 3800 Grade pay.
ii) Emoulments for contract employees @
Rs.14100/- P.M /- as per details given in Col.15A.
Between 18 and 45years.
Provided that the upper age limit for direct recruits will not be
applicable to the candidates already in service of the Government including those
who have been appointed on ad-hoc or on contract basis;
Provided further that if a candidate appointed on ad-hoc or contract
basis had become overage on the date when he was appointed as such he shall not
be eligible for any relaxation in the prescribed age limit by virtue of his such ad-hoc
or contract appointment;
Provided further that upper age limit is relaxable for scheduled
Castes/Scheduled Tribes/ Other categories of persons to the extent permissible
under the general or special order(s) of the Himachal Pradesh Government;
Provided further that the employees of all the public Sector Corporations
and Autonomous Bodies who happened to be Government Servants before
absorption in Public Sector Corporations/Autonomous Bodies at the time of Initial
constitutions of such Corporations/Autonomous Bodies shall be allowed age
concession in direct recruitment as admissible to Government servants.
This
concession will not, however, be admissible to such staff of the Public Sector
Corporations/Autonomous Bodies who were/are subsequently appointed by such
Corporation/Autonomous Bodies
and who are/were finally absorbed in the service of such Corporations/Autonomous
Bodies
after initial constitution of the Public Sector Corporation/Autonomous
Bodies:
(1)
Age limit for direct recruitment will be reckoned from the first day
of the year in which the post(s) is/are advertised for inviting
applications or notified to the Employment Exchanges or as the
case may be.
(2) Age and experience in the case of recruitment are relaxable at the
discretion of the Himachal Pradesh Subordinate Service Selection
Board in case of the candidate as otherwise well qualified.
7.
8.
9.
Minimum Educational
ESSENTIAL QUALIFICATION
qualification and other (i) Should have passed Plus Two (10+2)
qualifications required Examination from a recognized
for direct recruits:
University/Board of School Education or its
equivalent.
AND
Should be a released/Retired Officer of the
Indian Army who has held the rank of
Lieutenant ( other than Honorary ) with atleast
three years service as Commissioned officer.
OR
Should be holding honorary Rank of Company
Commander in the Home Guards Organisation
and continuous service as such for the last three
years.
OR
Should be a serving regular Civil Defense
Instructor/Chief Instructor/Platoon
Commander/Administrative Officer/Assistant
Store officer, who has been serving as such for
the last five years in the H.P. Home Guards and
Civil Defense Department.
DESIRABLE QUALIFICATION:
Knowledge of customs, manners and dialects
of Himachal Pradesh and suitability for
appointment in the peculiar condition
prevailing in the Pradesh.
Whether
age
and Age: Not applicable.
educational
Educational Qualitifaction: As shown in Col.
qualifications
7(i).
prescribed for direct
recruits will apply in
the
case
of
the
promotees:
Period of probation, if Two years subject to such further extension for
a period not exceeding one year as may be
any:
ordered by the competent authority in special
10
11
Method of recruitment,
whether
by
direct
recruitment
or
by
promotion, deputation,
transfer
and
the
percentage of posts to
be filled in by various
methods:
In case of recruitment
by promotion,
deputation, transfer,
grade from which
promotion/ transfer is
to be made:
circumstances and reasons to be recorded in
writing.
(a) 60% by promotion.
(b) 40% by direct recruitment on a regular
basis or by recruitment on contract basis, as
the case may be. The contract employees will
get emoluments as given in Col. 15-A and
will be governed by service conditions as
specified in the said column.
By promotion from amongst Civil Defense
Instructors/ Chief Instructor/ Administrative
Officer/Platoon Commanders/ Assistant Store
Officers possessing atleast 5 years regular
service or regular combined with continuous
adhoc service rendered if any, in the grade.
For filling up the posts the following 20 points
“post” based roster shall be followed:
1st post - Promottee
2nd post - Promottee
3rd post - Direct recruitment
4th post - Promottee
5th post - Direct recruitment
6th post - Promottee
7th post - Promottee
8th post - Direct recruitment
9th post - Promottee
10th post - Direct recruitment
11st post - Promottee
12nd post -Promottee
13rd post -Direct recruitment
14th post -Promottee
15th post - Direct recruitment
16th post - Promottee
17th post - Promottee
18th post - Direct recruitment
19th post - Promottee
20th post - Direct recruitment
Note :- The roster will be rotated after
every 20th point till the representation to all
the categories is achieved by the given
percentage. Thereafter, the vacancy is to be
filled up from the category which vacates
the post.
Proviso(I): Provided that for the purpose
of promotion every employee shall have to
serve
atleast
one
term
in
the
Tribal/Difficult areas subject to adequate
number of post(s) available in such areas:
Provided further that the proviso (I)
supra shall not be applicable in the case of
those employees who have five years or
less service, left for superannuation.
Provided further that Officers/Officials
who have not served
atleast one tenure in Tribal/difficult area
shall be transferred to such area strictly in
accordance with his/her seniority in the
respective cadre.
Explanation I:-For the purpose of proviso (I)
supra the “term” in Tribal/Difficult areas shall
mean normally three years or less period of
posting in such areas keeping in view the
administrative requirements and performance
of the employee.
Explanation II:- For the purpose of
proviso( I) supra the Tribal/Difficult Areas
shall be as under:1. District Lahaul & Spiti.
2. Pangi and Bharmour Sub Division of
Chamba District.
3. Dodra Kawar Area of Rohru Sub-Division.
4. Pandrah Bis Pargana, Munish Darkali and
Gram panchayat Kashapat, Gram
Panchayats of Rampur Tehsil of District
Shimla.
5. Pandrah Bis Pargana of Kullu District.
6.Bara Bhangal Areas of Baijnath Sub Division
of Kangra District.
7. District Kinnaur.
8. Kathwar and Korga Patwar Circles of
Kamrau Sub Tehsil, Bhaladh Bhalona and
Sangna Patwar Circles of Renukaji Tehsil
and Kota Pab Patwar Circle of Shillai Tehsil,
in Sirmour District.
9. Khanyol-Bagra Patwar Circle of Karsog
Tehsil, Gada-Gussaini, Mathyani, Ghanyar,
Thachi, Baggi, Somgad and Kholanal of
Bali-Chowki Sub Tehsil, Jharwar, Kutgarh,
Graman, Devgarh, Trailla, Ropa, Kathog,
Silh-Badhwani, Hastpur, Ghamrehar and
Bhatehar Patwar Circle of Padhar Tehsil,
Chiuni, Kalipar, Mangarh, Thach-Bagra,
North Magru and South Magru Patwar
Circles of Thunag Tehsil and Batwara
Patwar Circle of Sunder Nagar Tehsil in
Mandi District.
(1): In all cases of promotion, the continuous
adhoc service rendered in the feeder post if
any, prior to regular appointment to the post
shall be taken into account towards the length
of service as prescribed in these Rules for
promotion subject to the conditions that the
adhoc appointment/promotion in the feeder
category had been made after following proper
acceptable process of selection in accordance
with the provisions of R & P Rules;
(i) Provided that in all cases where a junior
person becomes eligible for consideration
by virtue of his total length of service
( including the service rendered on adhoc
basis followed by regular service/
appointment) in the feeder post in view of
the provisions referred to above, all persons
senior to him in the respective
category/post/cadre shall be deemed to be
eligible for consideration and placed above
the junior person in the field of
consideration;
Provided further that all
incumbents to be considered for promotion
shall possess the minimum qualifying
service of at least three years or that
prescribed in the Recruitment & Promotion
Rules for the post, whichever is less ;
Provided further that where a
person becomes ineligible to be considered
for promotion on account of the
requirements of the preceding provisio, the
persons(s) junior to him shall also be
deemed to be ineligible for consideration
for such promotion.
Explanation - The last proviso shall not
render the junior incumbents ineligible for
consideration for promotion if the senior
ineligible person happened to be exserviceman recruited under the provisions
of Rule-3 of Demobilized Armed Forces
Personnel ( Reservation of Vacancies in
Himachal State Non-Technical Services)
Rules, 1972 and having been given the
benefit of seniority thereunder or recruited
under the provisions of Rules-3 of ExServicemen ( Reservation of vacancies
in the Himachal Pradesh Technical
Service) Rules, 1985 and having been
given the benefit of seniority thereunder.
(2) Similarly, in all cases of confirmation,
continuous adhoc service rendered on the
feeder post if any, prior to the regular
appointment against such posts shall be
taken into account towards the length of
service, if the adhoc appointment/
promotion had been made after proper
selection and in accordance with the
provision of the Recruitment & Promotion
Rules;
Provided that inter-se-seniority as a result
of confirmation after taking into account,
adhoc service rendered as referred to above
shall remain unchanged.
12.
13.
14.
If a Departmental
As may be constituted by the Government
Promotion Committee
from time to time.
exists, what is its
composition:
Circumstances
under As required under the law.
which the H.P.P.S.C. is
to be consulted in
making recruitment:
Essential requirements A candidate for appointment to any service or
for a direct recruitment.
post must be citizen of India.
Selection for appointment to the post in the
case of direct recruitment shall be made on
the basis of viva-voce test, if the Himachal
Pradesh Public Service Commission or other
recruiting authority, as the case may be, so
consider necessary or expedient, by a written
test or practical test, the standard/syllabus etc.
of which, will be determined by the
commission/ other recruiting authority as the
case may be.
for Notwithstanding anything contained in these
15- Selection
appointment to the post rules, contract appointments to the post will be
A
by contract appointment made subject to the terms and conditions given
below:(NEW PROVISION)
(1) CONCEPT
(a) Under this policy the Company
Commander/Senior
Instructor/Store
Officer/Centre
Commander
in
the
Department of Commandant General
Home Guard/ Civil Defence Himachal
Pradesh will be engaged on contract basis
initially for one year, which may be
extendable on year to year basis.
Provided that for extention /renewal
of contract period on year to year basis the
concerned HOD shall issue a certificate
that the service and conduct of the contract
appointee is satisfactory during the year
and only then his period of contract is to
be renewed/ extended.
(b) POST FALLS WITHIN THE
PURVIEW OF H.P. SUBORDINATE
SERVICES SELECTION BOARD,
HAMIRPUR:
15.
Selection
for
appointment to post by
direct recruitment.
The Commandant General Home
Guard/Civil Defence Himachal Pradesh
after obtaining the approval of the
Government to fill up the vacant posts
on contract basis will place the requisition
with the concerned recruiting agency i.e.
H.P. Subordinate Services selection
Board, Hamirpur.
(c)
The selection will be made in
accordance with the eligibility
conditions prescribed in these Rules
(II)CONTRACTUAL EMOLUMENTS:
The Company Commander/
Senior Instructor/Store Officer/Centre
Commander appointed on contract basis
will be paid consolidated fixed contractual
amount @ Rs.14100/- P.M. (which shall
be equal to minimum of the pay band
+grade pay). An amount of Rs. 430/-( 3 %
of the minimum of the pay band + grade
pay) as annual increase in contractual
emoluments for the subsequent year(s)
will be allowed if contract is extended
beyond one year.
(III)APPOINTING/DISCIPLINARY
AUTHORITY:
The Commandant General Home
Guards/Civil Defence, Himachal Pradesh
will be appointing and disciplinary
authority.
(IV) SELECTION PROCESS:
Selection for appointment to the
post in the case of Contract
Appointment will be made on the basis
of viva-voce test or if consider
necessary or expedient by a written test
or practical test the standard/ syllabus
etc. of which will be determined by the
concerned recruiting agency i.e. H.P.
Subordinate Services Selection Board,
Hamirpur.
(V)COMMITTEE FOR SELECTION
OF
CONTRACTUAL
APPOINTMENTS:
As may be constituted by the concerned
recruiting agency i.e. the H.P Subordinate
Services Selection Board, Hamirpur from
time to time.
(VI) AGREEMENT:
After selection of a candidate, he/she
shall sign an agreement as per Annexure‘B’ appended to these Rules.
(VII) TERMS AND CONDITIONS:
(a)The contractual appointee will be paid
fixed contractual amount @ Rs. 14100/P.M/- (which shall be equal to minimum of
the pay band +grade pay). The contract
Appointee will be entitled for increase in
contractual amount @ Rs. 430/( 3 % of
the minimum of pay band + grade pay) for
further extended years and no other allied
benefits such as senior/selection scales etc,
shall be given.
(b) The service of the Contract Appointee
will be purely on temporary basis. The
appointment is liable to be terminated in case
the performance/conduct of the contract
appointee is not found satisfactory.
(c) Contractual appointee will be entitled
for one day casual leave after putting one
month service. This leave can be
accumulated up to one year. No leave of
any other kind is admissible to the contract
appointee. He/She shall not be entitled for
Medical Re-imbursement and LTC etc.
Only maternity leave will be given as per
rules.
(d) Unauthorized absence from
duty
without approval of the controlling officer
shall automatically lead to the termination
of the contract. Contract appointee shall not
be entitled for contractual amount for the
period of absence from duty.
(e) An official appointed on contract basis
who has completed five years tenure at one
place of posting will be eligible for transfer
on need
basis wherever required on
administrative grounds.
(f) Selected candidate will have to submit a
certificate of his/her fitness from a
Government/
Registered
Medical
Practitioner. Women candidates pregnant
beyond 12 weeks will stand rendered
temporarily unfit till the confinement is
over. They will subsequently be reexamined for the fitness from an authorized
Medical Officer/ Practitioner.
(g) Contract appointee will be entitled to
TA/DA if required to go on tour in
connection with his/her official duties at the
same rate as applicable to regular officials
at the minimum of the pay scale.
(h) Provisions of service rules like FR SR,
Leave Rules, GPF Rules, Pension rules &
Conduct rules etc. as are applicable in case
of regular employees will not be applicable
in case of contract appointees. They will be
entitled for emoluments etc. as detailed in
this Column.
16.
Reservation:
17
Departmental
Examination
Power to relax:
18.
The appointment to the service shall be
subject to orders regarding reservation in
the service for Scheduled Castes/
Scheduled Tribes/ Other Backward
Classes/ Other categories of persons
issued by the Himachal Pradesh
Government from time to time.
Not applicable.
Where the State Govt. is of the opinion
that it is necessary or expedient to do so, it
may, by order for reasons to be recorded in
writing and in consultation with the
H.P.Public Service Commission , relax any
of the provisions of these Rules with
respect to any class or category of persons
or posts.
*******
ANNEXURE-‘B ’
FORM OF CONTRACT/ AGREEMENT TO BE EXECUTED BETWEEN
THE COMPANY COMMANDER/SENIOR INSTRUCTOR / STORE
OFFICER/CENTER COMMANDER AND THE GOVERNMENT OF
HIMACHAL PRADESH, THROUGH THE COMMANDANT GENERAL,
HOME GUARDS AND CIVIL DEFENCE HIMACHAL PRADESH.
This agreement is made on this ………….day of ………… … …. In
the
year……………………..Between ……… …… …… . .Sh./Smt……………..S/o/D/o
Shri………………………..
R/O… …… …… …… ………………………………………...Contract appointee
(hereinafter called the “FIRST PARTY” ) AND THE GOVERNOR, HIMACHAL
PRADESH, THROUGH THE COMMANDANT GENERAL, HOME GUARDS
AND CIVIL DEFENCE HIMACHAL PRADESH, SHIMLA (here-in-after the
“SECOND PARTY”).
Whereas, the SECOND PARTY has engaged the “FIRST PARTY”
and the “FIRST PARTY” has agreed to serve as a Company Commander/Senior
Instructor/Store Officer/Centre Commander on contract basis on the following terms
and conditions:1
That the “FIRST PARTY” shall remain in the service of the “SECOND
PARTY” as a Company Commander/Senior Instructor/Store Officer/Centre
Commander for a period of 1 year commencing on day of …………….and ending on
the day of ………………………….It is specifically mentioned and agreed upon by
both the parties that the contract of the FIRST PARTY with SECOND PARTY shall
ipso-facto stand terminated on the last working day i.e. on ……………….And
information/ notice shall not be necessary.
Provided that for- further extention /renewal of contract period the
HOD shall issue a certificate that the service and conduct of the contract appointee
was satisfactory during the year and only then the period of contract is to be renewed/
extended.
2.
The contractual amount of the “FIRST PARTY” will be
Rs………………………………………….per month.
3.
The service of “FIRST PARTY” will be purely on temporary basis. The
appointment is liable to be terminated in case the performance/ conduct of the
contract appointee is not found good or if a regular incumbent is appointed/ posted
against the vacancy for which the first party was engaged on contract.
4.
Contractual
Company
Commander/Senior
Instructor/Store
Officer/Centre Commander will be entitled for one day casual leave after putting in
one month service. This leave can be accumulated upto one year. No
leave of any kind is admissible to the contractual Company Commander/Senior
Instructor/Store Officer/Centre Commander. He will not be entitled for Medical
Reimbursement and LTC etc. Only maternity leave will be given as per Rules.
5.
Unauthorized absence from the duty without
approval of the
controlling officer shall automatically lead to the termination of the contract. A
contractual Company Commander/Senior Instructor/Store Officer/Centre Commander
will not be entitled for contractual amount for the period of absence from duty.
6.
An official appointed on contract basis who has completed five
years tenure at one place of posting will be eligible for transfer on need basis
wherever required on administrative grounds.
7.
Selected candidate will have to submit a certificate of his/her fitness from a
Government/ Registered Medical Practitioner. Women candidates pregnant beyond
twelve weeks will stand rendered temporarily unfit till the confinement is over. They
would then be
re-examined for fitness from an authorized Medical Officer/
Practitioner.
8.
Contract appointee shall be entitled to TA/DA if required to go on tour in
connection with his/her official duties at the same rate as applicable to regular
counter-part official at the minimum of pay scale.
9.
The Employees Group Insurance Scheme as well as EPF/GPF will not be
applicable to contractual appointee(s).
IN WITNESS THE FIRST PARTY AND SECOND PARTY have here
in to set their hands the day month and year first, above written.
IN THE PRESENCE OF WITNESS:
1._______________________
_______________________
(Name and full Address)
( Signature of the FIRST PARTY)
2._________________________
_________________________
(Name and full Address)
IN THE PRESENCE OF WITNESS
1._________________________
_________________________
(Name and full Address)
2. ________________________
________________________
________________________
(Name and full Address)
******
( Signatureof the SECOND PARTY)