Extent of Application

 

THE PUNJAB CIVIL SERVICES RULES VOLUME I PART I

CHAPTER I

EXTENT OF APPLICATION

1.1 These rules, which have been issued by the Governor of Punjab, under proviso to Article 309 of the Constitution of India (see Appendix 1), may be called the Punjab Civil Services Rules. They shall come into force from the 1st April, 1953.

1.2 (1) Except as otherwise provided in rule 1.4 infra or in any other rule or rules these rules shall apply to all Government employees belonging to the categories mentioned below, who are under the administrative control of the Punjab Government and whose pay is debitable to the Consolidated Fund of the State of Punjab:

  1. Members of State Services, Group „A‟ and Group „B‟;
  2. Members of State Services, Group „C‟;
  3. Members of State Services, Group „D‟;
  4. Holders of Special Posts; and
  5. any other Government employee or class of Government employees to whom the competent authority may, by general or special order, make them applicable:

Provided that the rules in Part I-Pensions and the Punjab General Provident Fund Rules contained in Volume-II of these rules called the Punjab Civil Services Rules, Volume-II shall not apply to the Government employees who are appointed to the posts mentioned in categories (1) to (5) above on or after the 1st January, 2004. They shall be covered by new „Defined Contributory Pension Scheme‟ to be notified by the State Government.

Note 1.–Unless stated to the contrary in any rule or rules or the contrary is apparent from the context, the term “Government employee” includes also a temporary or an officiating Government employee.

Note 2.–The Speaker of the Legislative Assembly has agreed under Article 187 (3) of the Constitution that until a law is made by the Legislature of the State under Article 187 (3) of the Constitution or rules are framed by the Governor in consultation with the Speaker of the Legislative Assembly under clause (3) of Article 187 of Constitution of India, these rules and amendments thereto, if any (after prior consent of the Speaker), shall apply to the Secretariat staff of the Punjab Legislative Assembly.

Note 3.–The Chief Justice of the Punjab High Court has agreed to the application of these rules as amended from time to time in case of officers and employees of the Punjab High Court.

Note 4.–The Chairman, Punjab Public Service Commission has agreed to the application of these rules as amended from time to time, in the case of officers and employees of the Punjab Public Service Commission.

(2) Government employees to whom these rules apply shall continue to be governed by these rules while on temporary transfer to another state Government or Central Government or while on foreign service within India, unless it be otherwise provided in these rules. In the case of Government employees on foreign service outside India (including service with United Nations Agencies within or outside India) or on temporary transfer to the Armed forces of the Union, these rules shall apply only to the extent provided in the terms and conditions of foreign service or temporary transfer, as the case may be.

1.3 When in the opinion of the competent authority, special provisions inconsistent with these rules are required with reference to any particular post or any conditions of service, that authority may, not withstanding anything otherwise contained in these rules, and subject to the provisions of clause (2) of Article 310 of the Constitution of India (see Appendix 1), provide agreement with the person appointed to such post for any matters in respect of which in the opinion of that authority special provisions are required to be made: Provided that in every agreement so made it shall be provided that in respect of any matter for which no provision has been made in the agreement, provisions of these rules shall apply.

1.4  These rules shall not apply to –

    • any Government employee between whom and the Government, a specific contract or agreement subsists in respect of any matter dealt with herein to the extent upto which specific provision is made in the contract or agreement (see rule 1.3 above);
    • any person for whose appointment and conditions of service special provision is made by or under any law for the time being in force; and
    • any Government employee or class of Government employees to whom the competent authority may, by general or special order, direct that they shall not apply in whole or in part. One of such classes of Government employees is that employed only occasionally or which is subject to discharge at one month‟s notice or less. A list of such Government employees is given in Appendix 2.

Note.–Model form of agreement for use in the case of Government employees engaged on contract is given in Form Pb. C.S.R. No.1.

1.5 If any doubt arises as to whether these rules apply to any person or not, the decision shall lie with the competent authority.

1.6 Nothing in these rules shall operate to deprive any person of any right or, privilege to which he is entitled by or under any law or by the terms of his agreement.

1.7 Unless otherwise provided in any rule or rules, a Government employee‟s claim to pay and allowances shall be regulated by the rules in force at the time in respect of which the pay and allowances are earned, to traveling allowance by the rules in force at the time the journeys in respect of which they are made are undertaken, to leave by the rules applicable to him at the time the leave is applied for and granted; and to pension by the rules in force applicable to him at the time when the Government employee retires or is discharged from the service of Government. See also rule 1.1 (b) of Volume II of these rules.

1.8 The power of interpreting, changing and relaxing these rules is vested in the Department of Finance.

Note 1.–Communications regarding the interpretation and alteration of these rules should be addressed to the Department of Finance through the Administrative Department concerned.

Note 2.–Where the Department of Finance is satisfied that the operation of any of these rules regulating the conditions of service of State Government employees or any class of such Government employees, causes undue hardship in any particular case, it may by order dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner.

The expression „State Government employees‟ means all persons whose conditions of service may be regulated by rules made by the Governor of Punjab under the proviso to Article 309 of the Constitution.