Competent Authorities – punjabcsr.com

CHAPTER XV

AUTHORITIES WHICH EXERCISE THE POWERS OF

A COMPETENT AUTHORITY UNDER THE VARIOUS

RULES.

15.1. With reference to rule 2.14 the following authorities shall exercise the powers of a competent authority under the various rules.

Note 1.–The following provisions apply in the matter of the creation of posts:–

The power to create a permanent post may, unless there exists a specific power in respect of similar temporary posts, be held to cover a temporary post within the same limits.
The term “pay” does not include “special pay”.

The powers to create posts do not refer to Group „D‟ establishment, the pay of which is debitable to “Contingencies”. These are governed by the rules given in the Punjab Financial Rules, Volume I.
The powers in regard to the creation of posts are intended to be exercised in individual cases only. Proposals involving a general addition to the establishment of a number of offices should be referred to Department of Finance.
In respect of delegations for creation of posts, fees or commissions which are the authorised emoluments of the post, should be considered as pay or part of the post for the purposes of determining the authority competent to the post.

Note 2.–The Administrative Departments and the Heads of Departments concerned may redelegate the powers, delegated to them in the table below this rule, to any officer under them at their headquarter offices on their own overall responsibility and subject to such conditions and restrictions as they may like to impose. Copies of such orders should invariably be endorsed to the Department of Finance and the Accountant General, Punjab. They may also re-delegate their powers in respect of the following items in the manner indicated below:–

Serial number of the table below this rule.

Authority to whom power may be re-delegated.

2, 4, 5, 11, 12, 34, 35, 38, 44, 45, 48, 49, and 57.

To any officer subordinate to them. The Powers in respect of items Nos. 44 and 45 may, however, be re-delegated only in respect of Group „C‟ and Group „D‟ employees.

8, 10, 14, 21, 23, 40, 41, 43, 47, 52 and 54.

To authorities competent to make appointments.

Serial No.	No. of Rule	Nature of Power	Authority to which the power is delegated	Extent of power delegated.
1	2	3	4	5
1.	Omitted.
2.	2.27 (b)	Power to declare a Government employee‟s headquarters.	Departments of Government.	Full powers.
			Heads of Departments	Full powers in case of all Government employees of Group „B‟, Group „C‟ and Group „D‟ and also Group „A‟ officers upto district level.
			Conservators of Forests	Full powers in respect of posts under their control except those of Divisional Forest Officers and equivalent posts.
			Divisional Forest Officers.	Full powers in case of those Government employees whom they can appoint.
			Superintending Engineers in the Buildings and Roads and Irrigation Branches.	Full powers in case of Group „C‟ and Group „D‟ Government employees under their control.
			Deputy Registrar, Co-operative Societies.	Full powers in case of Government employees whom they or any authority subordinate to them can appoint.
3.	2.42	Power to appoint a Government employee to officiate in a vacant post.	Departments of Government.	Full powers.
			Authority competent to make a substantive appointment to the post.	Full powers.
			Election Commissioner, Punjab.	Full Powers in respect of temporary post which he is competent to create.

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			Principal Chief Conservator of Forests.	Full powers for all posts except in respect of P.F.S., Group „A‟.
			Chief Engineer, Irrigation Works.	Full powers in respect of the posts under his control except those of Superintending Engineers or equivalent posts.
			Chief Engineer, Irrigation Works.	Full powers except in respect of posts of the rank of SubDivisional Officers and above.
			Director of Industries, Punjab.	Full powers to appoint a Government employee to officiate in a vacant post for 3 months in case of appointment of all Group „C‟ and Group „D‟ staff.
4.	2.53	Powers to define the limits of a Government employee‟s sphere of duty	Department of Government.	Full powers.
			Heads of Departments.	Full powers in case of all Government employees of Group „B‟, Group „C‟ and Group „D‟ and also Group „A‟ officers upto district level.
			Conservators of Forests.	Full powers in respect of posts under their control except those of Divisional Forest Officers and equivalent posts.
			Divisional Forest Officers.	Full powers in case of those Government employees whom they can appoint.
			Superintending Engineers in the Public Works Departments.	Full powers in case of those Government employees whom they can appoint.
			Deputy Registrar, Co-operative Societies.	Full powers in case of Government employees whom they or any authority subordinate to them can appoint.
4-A.	Schedule to Chapter II, Paragraph I(vi)	Power to treat compulsory waiting period as duty.	Administrative Departments.	Upto 30 days

1	2	3	4	5
5.	Schedule to Chapter II, Paragraph 1(vii)	Power to permit a Government employee to appear in an optional examination.	Departments of Government.	Full powers.
5.	Schedule to Chapter II, Paragraph 1(vii)		Heads of Departments.	Full powers in respect of Group „B‟, Group „C‟ and Group „D‟ Government employees.
6.	Schedule to Chapter II, Paragraph II (5).	Power to sanction the absence of a Government employee on duty beyond sphere of duty.	(i) Departments of Government.	Full powers for absence within India.
			(ii) Heads of Departments.	Full powers in individual cases for reasons of public nature to be specified in writing: Provided:– (i) the absence does not exceed 60 days; and (ii) is within India.
			(iii) Controlling Officers.	Full powers in individual cases for reasons of public nature to be specified in writing: Provided:– (i) The absence does not exceed 30 days; and (ii) is within Punjab State.
			(iv) Deputy Commissioners	Full powers to allow IAS/ PCS officers serving under them to perform journeys beyond their sphere of duty for attending courts as witnesses in their official capacity to places within Punjab.
			(v) Heads of Offices.	Full powers in individual cases, for reasons of public nature to be specified in writing: Provided :‒ (i) the absence does not exceed 15 days; and (ii) is within Punjab.

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7.	Schedule to Chapter II, Paragraph 11(5).	Powers to sanction absence of block personnel (except Village Level Workers) and staff of Gram Sewaks Training Centres and allied wings beyond their sphere of duty for training in India.	Financial Commissioner, Development and Secretary to Government, Punjab, Development and Panchayat Department.	Full powers provided the absence does not exceed three months.
8.	3.2	Powers to dispense with the production of medical certificate of fitness.	Departments of Government.	Full powers in individual cases.
9.	Omitted.
10.	Omitted.
11.	3.23	Power to relax the provisions of the rule 3.22.	Departments of Government.	Full powers provided the place of making over charge is within Punjab.
11.	3.23	Power to relax the provisions of the rule 3.22.	Heads of Departments and other authorities competent to grant leave.	Full powers in respect of Government employees to whom they are competent to grant leave including Group „B‟ officers provided place of making over/taking over charge is within Punjab.
12.	3.24	Power to declare that proviso (a) to rule 3.23 is not applicable to any particular case.	Departments of Government.	Full powers.
12.	3.24		Heads of Departments and other authorities competent to grant leave.	Full powers in respect of Government employees to whom they are competent to grant leave including Group „A‟ officers provided the place of making over/taking over charge is within Punjab
13.	Omitted.
14.	4.3	Power to grant the pay and allowances of a Government employee treated as on duty under rule 2.16(b).	Departments of Government.	Full powers.
14.	4.3		Heads of Departments and Superintending Engineers in the Irrigation Branch.	In individual cases of Group „C‟ and Group „D‟ Government employees only whom they can appoint without reference to the higher authority.
15.	Omitted.
16.	Omitted.

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17.	Note 6 below rule 4.4	Power to issue a declaration as to the relative degree of responsibility attaching to two posts in case of doubt.	Departments of Government and Heads of Departments.	The certificate will be issued by the Administrative Department concerned in respect of the new post, in cases where the two posts are in different departments and by the Head of Department where the Head of Department is the appointing authority.
18.	4.7	Power to withhold increments.	(i) Authorities specified in the service rules.	To the extent specified in the Service Rules
			(ii) Authorities competent to make substantive appointment to the post which the Government employee holds where no service rules have been issued.	Full Powers.
			(iii) Deputy Inspectors- General of Police, Assistant Inspector General, Railway Police, Superintendents of Police, Assistant Superintendent of Railway Police and Deputy Superintendents incharge of Railway Police Sub-Divisions.	As provided in the Police Rules, in the case of the Subordinate ranks of the Police Force.
			(iv) Heads of Offices	In the case of Group „D‟ Government employees upto a maximum period of three years.
19	4.10	Power to grant premature increments to a Government employee in a time-scale of pay in order to fix initial pay in excess of the amount permissible under rules 4.4 and 4.14.	Departments of Government	Full powers in the following cases and subject to the following conditions:– (a) In cases where the individual concerned does not apply for benefit under rule 4.10 for fixation of his pay within two months of the date on which the occasion for refixation of his pay arises, no arrears shall be allowed in respect of the periods prior to the date of application

or, if there is no such application, the date of first reference by the Head of Office.

(b) In cases other than cases of reemployment after resignation, removal or dismissal from the public service where a Government employee has previously rendered service in a post in the higher time scale in an officiating or temporary capacity, his service in a higher post may be allowed to count for purposes of increments in the lower post but in the case of such service rendered against work charged post benefit may be allowed of only half of such service for increments in the lower post.

(c) Where the minimum of the scale of the lower post is greater than the minimum of the scale of the higher post the benefit claimed should be allowed with the concurrence of Department of

Finance on the merits of each case.

(d) Where the Public Service Commission/Subordinate Services Selection Board recommends a

higher start in fixing the initial pay by allowing not more than five advance increments the Administrative Department may sanction the pay so recommended for a period up to six months with a stipulation to the effect that the pay would be finally fixed by the Department of Finance and if pay finally fixed is less, no recovery would be effected in respect of the initial period up to six months.

In cases where more than five advance increments are recommended, prior approval of Department of Finance should be sought.

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19-A	4.10	Powers to grant advance increment to the officers who go abroad to improve their qualifications.	Departments of Government.	Full powers subject to the condition that the procedure provided in Chief Secretary to Government, Punjab Circular letter No. 961-4GS-62/5594, dated the 16^th February, 1962 is followed.
20.	Proviso to Rule 4.13	Power to decide whether officiating pay should or should not be given in case of Clerical and Subordinate posts not borne on Provincial scales.	Heads of Offices.	Subject to the principles laid down in rule 4.13. Note: Officiating appointments in the offices of the Deputy Commissioners are regulated by the special orders relating thereto.
21.	4.16	Power to reduce the pay of officiating Government employees.	Heads of Departments.	Full powers.
21.	4.16		Controller of Stationery and Printing.	In respect of officiating Government employees employed on technical establishment in the Punjab Government Presses.
22.	4.1, 4.20 and 4.21	Power to fix pay.	Heads of Departments, Superintending Engineers, Public Works Department, Irrigation Branch Conservators of Forests and Election Commissioner.	In respect of temporary posts which they are specifically authorised to create.
23.	4.22	Power to appoint a Government employee to hold temporarily or to officiate in more than one post.	Departments of Government, Speaker, Punjab Legislative Assembly.	Full powers.
23.	4.22		Heads of Departments.	Full powers in respect of Group „C‟ and Group „D‟ Government employees.
24 to 32. Omitted
33.	5. 35(b) and 5.35 (c)	Powers to waive or reduce the amount of rent to be recovered from any Government	Departments of Government.	Full powers in types of cases enumerated in Note 1 below rule 5.35.

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		employee or class of Government employees or to waive or reduce the amount of municipal and other taxes not being house or property tax to be recovered from any Government employee.	Heads of Departments.	Full powers in respect of Group „C‟ and Group „D‟ employees whom they can appoint in types of cases enumerated in rule 5.35.
34.	5.38	Power to sanction remission of rent when a building is uninhabitable.	Departments of Government.	Full powers in types of cases enumerated in Note 1 below rule 5.35.
34.	5.38		Heads of Departments.	Full powers in respect of Group „C‟ and Group „D‟ employees whom they can appoint in types of cases enumerated in rule 5.35.
35.	5.47	Power to direct that a Government employee on leave shall be in occupation of a residence.	Departments of Government	Full powers in types of cases enumerated in Note 1 below rule 5.35.
			Heads of Departments	Full powers in respect of – (a) Group „C‟ and Group „D‟ Government employees; (b) Group „B‟ officers; and (c) Group „A‟ officers up to district level.
			Chief Engineers, Public Works Departments, Building and Roads, and Superintending Engineers in the Irrigation Branch.	Full powers in respect of residences under their control occupied by Group „C‟ and Group „D‟ Government employees.
36 to 37. Omitted.
38.	5.55	Powers to grant or permit a Government employee to receive honorarium.	Departments of Government.	Upto a maximum of Rs. 2,000 if the service rendered falls within the course of the ordinary duties of the Government employee concerned and in other cases upto Rs. 10,000 in each individual case during a financial year.

1	2	3	4	5
			Heads of Departments.	(i) Upto a maximum of Rs. 2,500 in each individual case during a financial year, provided the service rendered does not fall within the course of the ordinary duties of the Government employee. (ii) Full powers in respect of setting up of examination papers, and evaluation of answer sheets including those relating to practical examination, and in respect of payment to invigilators or supervisors and for holding of part-time classes subject to the condition that the rates have been approved by the Department of Finance.
39.	Omitted.
40.	5.57	Power to sanction the taking of work for which a fee is offered and the acceptance of the fees thereof – (i) to the Group „A‟ Officers not below the rank of Additional or Joint Heads of Departments.	Departments of Government.	Full powers
		(ii) to the Group „A‟ and Group „B‟ Officers other than Group „A‟ Officers referred to in subclause (i) above.	Heads of Departments.	Full powers
		(iii) to Group „C‟ and Group „D‟ Government employees working under the Heads of Offices.	Heads of Offices.	Full Powers

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41.	7. 3(4), 7.3-A(2) and 7.3-B(5)	Power to determine the amount of pay and allowances which may be paid to the Government employee.	The authority competent to order re-instatement of the Government employee.	Full powers.
42.	7.3-B(7)	Power to treat the period of suspension of the Government employee as a period spent on duty for any specified purpose.	The authority competent to order reinstatement of the Government employee.	Full powers.
43.	8.18	Powers to grant leave to a Government employee in respect of whom a medical committee has reported that there is no reasonable prospect that he will ever be fit to return to duty.	Departments of Government.	Full powers in respect of Group „A‟ and Group „B‟ officers.
43.	8.18		Heads of Departments.	Full powers in respect of Group „C‟ and Group „D‟ Government employees.
44.	8.23	Powers to grant leave.	Departments of Government.	Full powers.
45.	8.27 and 8.28	Power to direct in any case otherwise than as laid down in rules 8.27 and 8.28.	Departments of Government.	Full powers.
			Heads of Departments	In respect of Government employees to whom they are competent to grant leave.
			Conservators Of Forests.
46.	8.29	To grant permission to prefix or affix vacation to leave in cases where the combination of vacation with leave involves extra expense to Government.	Departments of Government.	Full powers.
47.	8.33	Powers to decide in doubtful or inequitable cases which Government employee shall be held to have been incharge and to whom the pay of the post for Sunday or holidays shall be paid.	Departments of Government.	Full powers.
47.	8.33		Heads of Departments.	Full powers in respect of Group „B‟, Group „C‟ and Group „D‟ Government employees.

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48.	8.41 (b)	Powers to grant permission to a Government employee on leave to accept employment or to take up service.	Departments of Government.	Full powers.
			Speaker, Punjab Legislative Assembly.
			Heads of Departments.	Full powers in respect of Group „B‟, Group „C‟ and Group „D‟ Government employees.
49.	8.47	Power to extend leave overstayed.	Departments of Government.	Full powers.
			The authority granting the leave.	Upto 14 days out of India and 7 days in India.
			Heads of Departments.	Upto 90 days.
			Chief Engineers Buildings and Roads and Public Health.	Full powers in the case of Officers of the rank of S.D.Os. Assistant Executive Engineers, other officers upto the rank of Executive Engineers.
50.	Paragraph 2(ii) annexure to section 1, Chapter VIII.	Power to decide in case of doubt whether a particular Government employee is serving in a vacation Department.	Departments of Government.	Full powers.
51.	Omitted.
52.	8.137	Extraordinary leave.	Departments of Government		Upto two years
			Heads of Departments.		Upto one year
53.	9.7	Power to permit the calculation of joining time by a route other than that which travellers habitually use.	Heads of Departments.		Full powers.
54.	9.19(a)	Power to grant extension of joining time.	Departments of Government.		Full powers.
55.	10.2(b)	Power to transfer a Government employee to foreign service in India.	Departments of Government.		Full powers subject to the conditions in Serial No.56.
			Heads of Departments
			Director of Health Services		Full powers to transfer Medical Officer to foreign service under local bodies.

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56.	10.4	Power to fix pay in foreign service.	(a) Departments of Government.	Full powers subject to the conditions laid down in Annexure „A‟ to Chapter X.
			(b) Heads of Departments.	Full powers in the case of those Government employees whom they can appoint and subject to the conditions laid down in Annexure „A‟ to Chapter X.
			(c) Director of Health Services	Full powers in the case of Medical Officer transferred to foreign service under local bodies provided the pay fixed is not in excess of that drawn in Government service; and provided further that no concessions are sanctioned in addition to pay except – (1) Payment by the foreign employer of Government share of the contribution towards New Defined Contributory Pension Scheme. (2) Grant of free quarters or an allowance at the rate specified in sub-rule (4) of rule 5.
57.	Rule 10.18	Powers to decide the date of reversion of a Government employee returning after leave from foreign service.	Heads of Departments.	Full powers.
58 to 65	Omitted.
PUNJAB VIDHAN SABHA SECRETARIAT
66.	Note 2 under rule 14.4	To create temporary posts of – (a) Watch and Ward Assistants upto 10. (b) Telephone Attendants upto 10. (c) Telephone Messengers upto 10.	Secretary, Punjab Vidhan Sabha.	(a) For the duration of Punjab Vidhan Sabha Session; and (b) The pay and allowances shall not in any case exceed the rates admissible for similar posts in the Punjab Civil Secretariat or Punjab Vidhan Sabha Secretariat.

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ADMINISTRATION OF JUSTICE
67.	Note 2 under rule 14.4	(a) To create new permanent ministerial posts required for the High Court and courts subordinate thereto.	The Hon‟ble Judges of the High Court	The pay of the posts shall not exceed the sanctioned scale of the corresponding permanent posts.
		(b) To create new permanent posts in the process Serving Establishment required for the High Court and Courts Subordinate thereto.	Ditto	The pay of the posts shall not exceed the sanctioned scale of the corresponding permanent posts.
		(c) To create new permanent posts in the Group „D‟ Establishment required for the High Court and Courts subordinate thereto.	Ditto	The pay of the posts shall not exceed the sanctioned scale of the corresponding permanent posts.
		(d) To create temporary ministerial and Group „D‟ posts required for the High Court and Courts subordinate thereto.	The Hon‟ble Judges of High Court	(i) the pay attached to such posts shall be in accordance with the sanctioned scales for the permanent posts. (ii) Within the financial year unless the pay is according to the scale laid down in items (a) (b) and (c) above.
		(e) To create the posts of a messenger for each district Court when the amount of station dak to be dealt with appears to render this necessary.	Ditto	Pay to be in the usual scale.
		(f) Omitted.
		(g) To create temporary posts on the scale given below for courts of temporary each Additional District and Sessions Judge:– (a) Reader – One (b) Judgement Writer (Senior grade) – One (c) Stenographer – One (d) Translator – One (e) Ahlmad – One (f) Copy Clerk – One	District and Sessions Judge.	(i) Pay not to exceed – (a) Reader Rs. 10300-34800+ 5000 Grade Pay; (b) Judgement Writer (Senior Grade) Rs.10300-34800+ 4200 Grade Pay; (c) Stenographer Rs. 10300- 34800+3800 Grade Pay; (d) Translator Rs. 10300- 34800+ 3800 Grade Pay; (e) Ahlmad Rs. 10300- 34800+ 3200 Grade Pay; (f) Copy Clerk Rs. 10300- 34800+ 3200 Grade Pay;

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			(g) Usher – One (h) Peon – Two		(g) Usher Rs. 4900-10680+1400 Grade Pay; and (h) Peon Rs. 4900-10680+1300 Grade Pay. (ii) The period of appointment shall be for so long as the posts of temporary Additional District & Session Judges are created subject to the limit that sanction shall not be given to extend beyond the last day of the financial year.
			(h) To create temporary posts on the scale given below for courts of temporary each Additional Sub Judge: – (a) Reader- One (b) Judgement Writer (Junior grade) – One (c) Ahlmad –One (d) Naib Nazir–One (e) Peon –Two	District and Sessions Judge.	(i) Pay not to exceed – (a) Reader Rs. 10300-34800+3800 Grade Pay; (b) Judgement Writer (Junior Grade) Rs. 10300-34800+ 3800 Grade Pay; (c) Ahlmad Rs. 10300-34800+ 3200 Grade Pay; (d) Naib Nazir 10300-34800+ 3200 Grade Pay; and (e) Peon Rs.4900-10680+1300 Grade Pay; and (ii) The period of appointment shall be for so long as the post of temporary Additional Sub Judge is created subject to the limit that sanction shall not be given to extend beyond the last day of the financial year: Provided that a Naib-Nazir is entertained only if held to be necessary by the District and Sessions Judge.
			(i) To create the temporary post of a steno-typist for the court of Sub-Judge-cum- Judicial Magistrate.	District and Session Judges	(i) The pay of the posts shall not exceed the sanctioned scale of the corresponding permanent post. (ii) The period shall be for so long as the post of the Sub-Judge-

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				cum-Judicial Magistrate exists, subject to the limit that sanction shall not be given to extend beyond the last day of the financial year. (iii) Provided that the post of Copyist/Naib Nazir/Execution Clerk is kept in abeyance for the period for which a Stenotypist‟s post is created.
		(j) To create temporary posts of Bailiffs for execution work in connection with applications made to Courts on behalf of Cooperative Societies.	District and Sessions Judge	Provided:– (i) the pay attached to such post is in accordance with the sanctioned scales: (ii) the pay plus leave and pension contribution in accordance with the rate fixed for the Punjab Government are recovered from the societies concerned.
		(k) To create temporary posts required for courts of Chief Judicial Magistrate and Judicial Magistrate : – (a) Reader–One (b) Judgement Writer (Junior grade)–One (c) Ahlmad –One (d) Steno-typist –One (e) Peon –Two	District and Sessions Judges.	(i) Pay not to exceed – (a) Reader Rs. 10300-34800+ 4200 Grade Pay; (b) Judgment Writer (Junior Grade) Rs. 10300- 34800+3800 Grade Pay; (c) Ahlmad Rs. 10300-34800 + 3200 Grade Pay; (d) Steno-typist: Rs. 5910- 20200 + 2800 Grade Pay; (e) Peon Rs. 4900-10680 + 1300 Grade Pay; and (ii) The period of appointment shall be for so long as the posts of temporary Judicial Magistrates are created subject to the limit that sanction shall not be given to extend beyond the last day of the financial year.
68 to 73	Omitted.