Pre. Published vide Punjab Government Gazette, dated 27th January, 1989 Notification No. GSR 9/PA-23/61/S-43/89

R.1 Short title and application.

(1) These rules may be called the Punjab Market Committees (Class III) Service Rules, 1989.

(2) They shall apply to all the posts specified in Appendix 'A'.

R.2 Definitions.

In these rules unless the context otherwise requires, -

(a) 'Act' means the Punjab Agricultural Produce Market Act, 1961 (Punjab Act No. 23 of 1961);

(b) 'Appendix' means an appendix to these rules;

(c) 'Chairman' means the Chairman of a Committee;

(d) 'direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of the Board or of Government of India or of a State Government;

(e) 'Education Board' means the Punjab School Education Board established under the Punjab School Education Board Act, 1969;

(f) 'Form' means a Form appended to these rules;

(g) 'Government' means the Government of the State of Punjab in the Agriculture Wing of the Department of Agriculture and Forests;

(h) 'recognised university or institute' means, -

R.3 Number and character of posts.

The Service of a Committee shall consist of separate cadres and each shall comprise the posts committee-wise as specified in Appendix 'A' :

Provided that nothing in these rules shall affect the inherent right of the Board to add to or reduce the number of such posts or to create new posts with different designations and scales of pay either permanently or temporarily.

R.4 Nationality, domicile and character of candidates appointed to Service.

(1) No candidate shall be appointed to the Service unless he is, -

(a) a citizen of India;

(b) a citizen of Nepal; or

(c) subject of Bhutan; or

(d) a Tibetan refugee who came over to India before the 1st day of January, 1962 with the intention of permanently settling in India; or

(e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, Kenya, Uganda and the East African countries of Tanzania (formerly Tanganyike and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India :

Provided that candidate belonging to any of the categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of Punjab in the Department of Home Affairs and Justice.

(2) A candidate in whose case a certi

R.5 Age and physical fitness.

(1) No person shall be recruited to the Service by direct appointment, if he is less than eighteen years of age or is more than thirty years of age on the first day of January of the year next preceding the last day of submission of applications fixed by the Committee, or unless he is within such range of minimum and maximum age limits as may be specified by the Government from time to time:

Provided that the appointing authority may, with the prior approval of the Board, for reasons to be recorded in writing, relax the upper age limit for a category or class of persons :

Provided further that in case of candidates belonging to the Scheduled Castes and other Backward Classes, the upper age limit shall be such as may be fixed by the Government of Punjab from time to time.

Note - For age limit in case of recruitment of Ex-Servicemen, the provisions of Rule 6 of the Punjab Recruitment of Ex-Servicemen Rul

R.6 Appointing Authority.

All appointments to the Service shall be made by the Committee.

R.7 Disqualifications.

(a) No person 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 appointed to the Service :

Provided that if the Secretary of the Board is satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, he may exempt any person from the operation of this rule.

R.8 Method of recruitment and qualifications.

(1) Subject to the provisions of sub-rule (4), appointments to the service shall be made in the manner specified in Appendix 'B'.

Provided that no person shall be appointed on daily wages or on ad hoc basis.

(2) No person shall be appointed to a post in the service unless he possesses the qualifications and experience as specified against that post in Appendix 'B'.

Provided that if no suitable candidate is available for appointment by promotion to a post in the Service such a post, shall be filled in by transfer.

(3) All appointments by promotion to the service shall be made by selection on the basis of seniority-cum-merit and no person shall be entitled to claim promotion on the basis of seniority alone.

(4) The following percentage of posts in the Service shall be reserved for each method of appointment indicated for categories mentioned thereunder, namely

R.9 Probation of persons appointed to Service.

(1) Persons appointed to the Service shall remain on probation for a period of two years.

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) in the case of appointment by transfer, any period of work in equivalent or higher rank, prior to appointment to the service may, in the discretion of the appointing authority, be allowed to count towards the period of probation;

(c) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person 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 ; and

(d) any period of leave not exceeding six months during or at the end of probation shall be count

R.10 Seniority of members of Service.

The seniority inter se of the members of the Service in each cadre of the Service shall be determined Committee-wise by the length of continuous service on a post in that cadre of the Service :

Provided that in the case of members appointed by direct appointment who join within the period specified in the order of appointment or within such period as may be extended from time to time by the appointing authority subject to a maximum of four months from the date of order of appointment, the seniority based on the order of merit determined by the recruiting authority, shall not be disturbed :

Provided further that in case a candidate is permitted to join the Service after the expiry of the said period of four months in consultation with the recruiting body, his seniority shall be determined from the date he joined the Service:

Provided further that in case a candidate of the next selection has joined the

R.11 Liability to service.

A member of the Service shall be liable to serve at any place whether within or out of the State of Punjab on being ordered to do so by the appointing authority.

R.12 Leave, pay and other matters etc.

(1) In respect of pay, leave and other matters not expressly provided for in these rules, the members of the Service shall be governed by the Punjab Civil Service Rules, as applicable to the employees of the State of Punjab from time to time.

(2) In respect of provident fund and gratuity, the members of the Service shall be governed by the Punjab State Agricultural Marketing Board and Market Committee Employees Provident Fund and Gratuity Rules, 1965 and the Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987.

R.13 Pay of members of Service.

The members of the Service shall be entitled to such scales of pay as may be authorised by the Board with the prior approval of the Government from time to time. The scales of pay at present in force in respect of the members of the Service are given in Appendix 'A'.

R.14 Discipline, Penalties and Appeals.

In the matters of discipline, punishment and appeals, the members of the Service shall be governed by the provisions of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988.

(2) The authority empowered to impose penalties as specified in Rule 5 of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988 and the appellate authority thereunder in respect of members of the Service shall be as specified in Appendix 'C'.

R.15 Periodical medical check up.

(a) Every member of the Service shall be liable to undergo periodical medical examination and preventive or curative treatment as he may be required to undergo.

(b) Every member of the Service shall be liable at any stage of his service, when directed by the appointing authority, to undergo medical examination by the concerned Civil Surgeon or the Chief Medical Officer, as the case may be, and his continuation in service shall be subject to the fitness certificate given by the Civil Surgeon or the Chief Medical Officer to the satisfaction of the appointing authority.

(c) In case any member of the service is not found fit to perform his duties, he shall be liable to be retired from service and shall be entitled to the same benefits as are admissible to employees of the Government of Punjab holding corresponding posts under the Punjab Civil Services Rules, Volume II on being retired on account of invalidity.

Every member of the Service shall get himself vaccinated or re-vaccinated when the appointing authority so directs by a general or special order.

R.17 Oath of allegiance.

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

R.18 Power to relax.

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

Provided that provisions relating to qualifications, and experience shall not be relaxed.

R.19 Interpretation.

If any question arises as to the interpretation of these rules, the Government shall decide the same.

R.20 Saving.

Notwithstanding anything contained in these rules, appointments made to any post under a Committee prior to the commencement of these rules shall be deemed to have validly been made under these rules and shall not be questioned on any ground, whatsoever.

Appe.A [See rules 1(2), 3 and 13]