(AUTHORITATIVE ENGLISH TEXT OF TIllS DEPARTMENT NOTIFICATIONNO. REV-A(A)3-1I2012 DATED 9.9.2013 AS REQUIRED illmER CLAUSE (3)OF ARTICLE 348 OF TH i:'.CONSTITUTION OF INDIA).

GOvernment of Himachal PradeshDepartment of Revenue

***** ***. N~. Rev-A-(A )3-1/2012 Dated:Shimla-171002,the

NOTIFICATION

9'" September, 2013

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 following rules

further to amend the Himachal Pradesh Revenue Department Patwari (Mohal), Class­

III (Non-Gazettted), Recruitment and Promotion Rules, 2009 notified vide

Notifi cation No.Rev-A(A)3-1I2007 dated 10'" August, 2009, namely:-

1. Short title and I. (1) These rules may be called theCommencement Himachal Pradesh Revenue Department Patwari

, (Mohal), Class-JII (Non-Gazettted) , Recruitmentand Promotion (First amendment) Rules, 2013.

(2) These rules shall come into force from the date ofpubl ication in the Rajpatra, Himachal Pradesh.

~, Amendment of 2. In Annexure-'A' appended to the Himachal

Annexure-' A ' .Pradesh Revenue Department Patwari (Mohal),Class-III (Non-Gazettted), Recruitment andPromotion Rules, 2009 (hereinafter referred to asthe 'said rules');

(a). for rule-a, the following shan be substituted,namely:"(I) Pay Scale of regular incumbents'-

i) Pay Band: Rs. 5910-20200 + Rs. 1900Grade Pay..

ii) Pay Band: Rs. 10300-34800 + Rs.3200Grade Pay (This Pay Band and Gradepay will be given after two years ofregular service).

(U) Emoluments for Contract Employees:-

Rs, 7,810/- as per details given in. Column I5-A";

-2-

-2-

(b) . or the sub-role (I) of role 15, the followiug shall heubstituted, namely:

"(1) Selection for Patwari training from amongst thecandidates sponsored by the EmploymentExchanges In H.P. and the applications calleddirectly by advertising the vacancies in Giriraj aswell as two leading newspaper, All India RadioShimla and displaying on the office Notice Boardof the respective Deputy Commissioners, shall bemade on the, basis of written test. thestandards/syllabus etc. of which shall be prescribedbythe Financial Commissioner (Revenue). ";

(c). for rule is-A, the following shall he substituted,namely:"1 5-A Notwithstanding anything contained in these

rules, contract appointments to the post willbe made subject to the terms and conditionsgiven below:-

(I) CONCEPT :

(a) Under this policy, the Patwari (Mohal) In

Department of Revenue will be engaged oncontract basis initially for one year, which may beextended on year-to-year basi s:

Provided that for extension! renewal ofcontract period on year to year basis theconcerned HOD shall issue a certificate that theservice "and conduct of the contract appointee issatisfactory during the year and only then hisperiod of contract is to be renewed/extended.

(b) POST FALLS OUT OF THE PURVIEW OFHPSSSB:-

The concerned Deputy Commissioner. afterobtaining the approval of the Government to fill upthe vacant posts on contrac t bas is will advertise thedetai ls of the vacant posts in at least two leadingnewspapers and invite application from candidatehaving the prescribed qualification and fulfilling theother eligibility cond itions as prescribed in theserules.

(c) The selection will be made in accordance with theeligibility conditions prescribed in these R&P Rilles.

-3-

-3-

(II) CONTRACTUAL EMOLUMENTS:

The Parwari (Mohal) appointed on contract basis willbe paid consolidated fixed contractual amount @ Rs.7810/- per month (which shall be equal to minimum ofthe pay band+ grade pay). An amount of Rs. 234/­(3 % of the minimum pay band + grade pay of the post)as annual increase in contractual emoluments for thesubsequent year(s) will be allowed if contract isextended beyond one year.

(III) APPOlNTINGlDlSCIPLINARY AUTHORITY:

The concerned Deputy Commissioners, HimachalPradesh will be the appointing and disciplinaryauthority.

(IV) SELECTION PROCESS:

The selection process will be followed as perprocedure laid down in Colwnn 15 of rules ibid

(V) COMMITTEE " FOR SELECTION OFCONTRACTUAL APPOINTMENTS:

As may be constituted by the concerned DeputyCommissioner, Himachal Pradesh, from timeto time.

(VI) "AGREEMENT:After selection of a candidate, he/she shall sign anagreement as per Annexure- B appended to theseRules.

(VII) TERMS AND CONDITIONS:

(a) The contractual appointee will be paid fixedcontractual amount @ Rs. 7810/- " per month(which shall be equal to minimum of the pay band+grade pay). The contract appointee will be entitledfor increase in contractual amount @ Rs . 2341- (3%of minimum of the pay band + grade pay of thepost) per annum for further extended year(s) and noother allied benefits such as senior/selection scalesetc. will be given.

-4-

-4-

(b) The service of the Contract Appointee will be purelyon temporary basis . The appointment is liable to beterminated in case the performance/conduct of thecontract appointee is not found satisfactory.

(c) Contract appointee will be entitled for one day'scasual leave after putting one month service.However. the contract employee \\'i 11 also be entitle dfor 12 weeks Maternity Leavc(in case of femaleappointee) and 10 day 's Medical leave. He/She shallnot be entitled for Medical Re-imbursement andLTC etc. No leave of any other kind except above isadmissible to the contract appointee:

Provided that the un-availed Casual leaveand Medical Leave can be accumulated upto theCalendar Year and will not be carried forward forthe next Calendar year.

(d) Unauthorized absen ce from the duty without theapproval of the controlling officer shallautomatically lead to the termination of the contract.Contract Appointee shall not be entitled forcontractual amount for the period of absence fromduty.

(e) An official appointed on contract basis who hascompleted three years tenure at one place of postingswill be eligible for transfer on need basis whereverrequired on administrative grounds.

(1) Selected candidate shall submit a certificate ofhis/her fitness from a Government/RegisteredMed ical Practitioner. Women candidate pregnantbeyond 12 weeks will stand temporarily unfit till theconfinement is over. The women candidate will bere-examined for fitness from an authorized MedicalOfficer / Practitioner.

(g) Contract appointee will he entitled to TN DA ifrequired to go on tour in connection with his/heroffic ial duties at the same rate as applicable toregular counterpart officials at the minimum of payscale.

(h) Provisions of service rules like FR, SR, Leave Rules,GPF Rules, Pension Rules and Conduct Rules etc. asare app licable in case of regular employees will notbe app licable in case of contract appointees. Theywill be entitled for emolwnents etc. as detailed inthis column.".

-5-

I

3 Amendment ofAnnexure-'B' .

-5-

3. ~ "lr Annexure-'B' appended t o said rules, the foUowingh all be sub stitu ted, namely:

"Anncxure-BForm of Contract'Agreement to be executed between thePatwari (Mohan and the Government of Himachal Pradeshthrough concerned Deputy Commissio ner.

This agreement is made on this day of. .inthe year between Sh./Smt .

. S/olDlo Shri Rio Contract appointee(here -in-after called the FIRST PARTY) AND TheGovernor of Himachal Pradesh through DeputyCommissioner, ,Himachal Pradesh (here-in-after called the SECOND PARTY).

Whereas, the SECOND PARTY has engaged theaIoresaid FIRST PARTY and the FIRST PARTY hasagreed to serve as Patwari on contract basis on the followingterms and conditions:-

I. The FIRST PARTY shall remain in the service of theSECOND PARTY as a Patwari for a period of oneyear commencing on day of and ending onthe day of It is specifically mentionedand agreed upon by both the parties that the contractof the FIRST PARTY with SECOND PARTY shallipso-facto stand terminated on the last working day i.e.on and information notice shal l not benecessary :

Pro" ided . that for extension! renewal ofcontract period the HOD shall issue a certificate thatthe service and conduct of the contract appointee wassatisfactory during the year and only then the period ofcontract is to be renewed/extended.

2. The contractual amount of the FIRST PARTY will beRs. 7810/- per month.

3. The service of FIRST PARTY will be purely ontemporary basis. The appointment is liable to beterminated III case the performance/conduct of thecontract appointee is not found good or if a regularincumbent is appointed I posted against the vacancy forwhich the first party was engaged on contract.

4 . Contractual Patwari (Mohal) will be entitled for oneday's casual leave after putting one month service.However, the contract employee will also be entitledfor 12 weeks Maternity Leave (in case of femaleappointee) and 10 day's Medical leave. HelShe shal lnot be entitled for Medical Re-imbursement and LTCetc. No leave of any other kind except above IS

admissible to the contractual Patwari:-6-

-6-

Provided that the un-availed Casual leaveand Medical Leave can be accumulated upto theCalendar Year and will not be carried forwa rd for thenext Calendar year.

5. Unauthorized absence from the duty without theapproval of the Controlling Officer shall automaticallylead to the termination of the contract. A contractualPatwari (Mohal) will ' not be entitled for contractualamount for the period of absence from duty.

6. An official appointed on contract basis who hascompleted three years tenure at one place of postingwill be eligible for transfer on need based basiswherever required on administrat ive grounds.

7. Selected candidate shall submit a certificate of his/herfitness from a GovemmentIRegistered MedicalPrac titioner. In case of women candidates pregnantbeyond twelve weeks will render her temporarily unfittill the confinement is over. The women candidateshould be re-examined for fitness from an authorizedMedical OfficerlPractitioner.

8. Contract Appointee shall be entitled to TA/DA ifrequired to go on tour ill connection with his/herofficial duties at the same rate as applicable to regularcounter-pan officer at the minimum of the pay scale .

9. The Employees Group Insurance Scheme as well asEPF/GPF will not be applicable to the contractualappointee(s).

IN WITNESS the FIRST PARTY AND SECOND PARTYhave herein to set their hands the day month and year first,above written

IN THE PRESENCE OF WITNESS:I .

(Name and full address)

2 .

(Name and full address)

(Signature of the FIRST PARTY)

-7-

-,

-7-

~N TIlE PRESENCE OF WITNESS:I ... ... "., . .. .,.... , . . . . .. . . . ... . ..... . .

·...... .... ..... ........... ..... ..........·....... ........ ............... ...........(Name and Full address)2", ." " ",." """" ":"""" "", ,,·......... ................. ..... ....... ... . . ... .. .. . . .... .... . .. . . ... . . . ••... .. . ..(Name and Full address)."

(Signature of SECOND PARTY)

By Order

Principal Secretary-cum-F.C.(Revcnue) to theGovernment of Himachal Pradesh.

Endst. No, Rev-A(A)3 -1/2012 Dated: Shimla-17 1002, 9" September,2013

Copy is forwarded to the following for information and necessary action>1. The Principal Secretary (Personnel) to the Government ofH.P_, Shimla-2.2, The Principal Secretary (Finance) to the Government of HP. Shimla-Z.3 . The Secretary (Law) to the Government of Himachal Pradesh, Shimla-2.4. The Secretary, Himachal Pradesh Public Service Commission. Shimla-2.5 . The Secretary, Himachal Pradesh Vidhan Sabha, Shimla-4 .6 . All the Divisional Commissioners, Himachal Pradesh.7 . All the Deputy Commissioners, Himachal Pradesh.8. The Director of Land-Records, Himachal Pradesh, Shimla-9.9. The Director, Consolidation of Holdings, Himachal Pradesh, Shimla-S.10 . The Settlement Officers, Shimla and Kangra at Dharamshala, H.P.11. The Director, Revenue Training Institute, Jogindemagar, District Mandi, H.P.12 . The AdditionallDeputylUnder Secretary (Revenue) to the Govenunent of

Himachal Pradesh, Shimla-Z.13. The Controller, Printing and Stationery. Himachal Pradesh, Shimla-5. He is

requested to publ ish above Rules in the Rajpatra Himachal Pradesh andthereafter send 5 copies of that Rajpatra, Himachal Pradesh in which aforesaidRules are published to this department.

14. The Senior Law Officer, Law Department. H.P. Secretariat, Shimla-2.~enior Technical Director-cum-State Informatics Officer. National

. Informatics Centre. Himachal Pradesh State Unit, Himachal PradeshSecretariat, Shimla-Z. He is requested to upload this Notification in thewebsite of Revenue Department.

16. The Section Officers (Revenue-B. C, D & Project Cell) & Tehsildar, StampCell, Himachal Pradesh Secretariat, Shimla-Z.

17 . All the_ Dealing Assistants III Revenue-A s~ct' n, Himachal PradeshSecretariat, Shimla-2.

18 . Spare Copies,-50. _~( sfian Lal)

Under Secretary (Revenue) to theGovenunent of Himachal Pradesh.Phone No, 0177 -2628502