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:

(i) 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.

(ii) The term “pay” does not include “special pay”.

(iii) The powers to create posts do not refer to class IV establishment, the pay of which is debitable to “Contingencies”. These are governed by the rules given in the Punjab Financial Rules, Volume I.

(iv) 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.

(v) In respect of delegations for creation of posts, fees or commission, 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 red legate 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, 29, 32, 34, 35, 38, 44, 45, 48, 49, 51, and 57.	To any officer subordinate to them. The Power in respect of items Nos. 44 and 45 may, however, be re-delegated only in respect of non-gazetted officers.
8, 9, 10, 14, 21, 23, 40, 41, 43, 47, 52 and 54.	To authorities competent to make appointments.

[15.1] THE PUNJAB CIVIL SERVICES RULES [Chap.XV

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.		2.26	Omitted.
2.		2.27 (b)	Power to declare a Government employee’s headquarters	Departments of Government.	Full powers.
				Head of Departments	Full powers in case of all Government employees of Class II, Class III and Class IV and also Class I 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 non-gazetted 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.
				Elections Commissioner, Punjab	Full powers in respect of temporary post which he is competent to create.
				Chief Conservator of Forests.	Full powers for all posts except in respect of P.F.S., Class I.
				Chief Engineer, Irrigation Works.	Full powers in respect of the posts under his control except those of Superintending Engineers or equivalent posts.
					Full powers except in respect of posts of the rank of Sub-Divisional 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 non-gazetted staff.
4.		2.53	Power 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 Class II, Class III and Class IV and also Class I 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 Department	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.
5.		Schedule to Chapter II, Paragraph I (vii).	Power to permit a Government employee to appear in an optional examination.	Department of Government.	Full powers.
				Heads of Departments	Full powers in respect of non-gazetted Government employees and Class II gazetted officers.
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, (ii) Heads of Departments.	Full powers for absence within India. 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.
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.		3.14	Powers to suspend a lien.	Departments of Government, Hon’ble Judges of the High Court.	Full powers. Full powers in the case of members of the Punjab Civil Service (Judicial Branch) on posts in the Selection Grade; provided the Government employee whose lien is suspended is holding a superior post on which no other Government employee holds a lien and there is no reasonable expectation of his reversion with three years.
				Heads of Departments and Heads of Offices.	As regard Government employees whom they can appoint.
10.		3.16	Power to transfer a lien.	Departments of Government.	Full powers.
				Heads of Departments.	Full powers in respect of non-gazetted Government employees whom they can appoint.
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.
				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 class II 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. Heads of Departments and other authorities competent to grant leave.	Full powers. Full powers in respect of Government employees to whom they are competent to grant leave including class I 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. Heads of Departments and Superintending Engineers in the Irrigation Branch.	Full powers. In individual cases of non-gazetted Government employees only whom they can appoint without reference to the higher authority.
15.		4.3	Power to sanction the grant of pay while on training to a candidate for the post of :-	Commissioners of Divisions.	Full powers subject to the condition that the rate of pay does not exceed in the case of :-
			(a) Tehsildar		(a) Tehsildar, Rs.75 per mensem.
			(b) Naib Tehsildar who is not in Government service.		(b) Naib-Tehsildar Rs.50% per mensem.
			(c0 Kanungo while under settlement or colony training	Colonization Officers, Settlement Officers, Deputy Commissioner s and Extra Assistant Commissioners incharge of settlement operations.	Full powers subject to the condition that in the case of a candidate who is not a Government employee the rate of stipend does not exceed Rs. 20 per mensem and in the case of a person already in Government service the rate of pay shall be equal to the presumptive pay of the post, which he holds substantively, provide it does not exceed the minimum pay of the post of Kanungo, provided further that a Kanungo candidate recruited from the Patwari Class shall while working as settlement Patwari for the purpose of training receive the pay of his substantive post as patwari.
			(d) Kanungo while under training in a district not under settlement training.	Deputy Commissioner.	In the case of person who is already in Government service provided the pay shall be the minimum pay of a Patwari.
16.		Omitted.
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 Heads of Department where the Heads 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 Full Powers.
				(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 Class IV 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 re-employment 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.
					(c0 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/ 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.
19-A		4.10	Powers to grant advance increment to the officers who gazetted officers 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.	Head of Departments. Controller of Stationery and Printing.	Full powers. 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 Workds 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.
				Heads of Departments.	Full powers in respect of non-gazetted Government employees.
24.		4.22	Power to fix the initial pay of a Government employee appointed to hold temporary or to officiate in more than one post.	Departments of Government.	Full powers subject to the principles laid down below :- (a) The highest pay to which the Government employee would be entitled if his appointment to one of the posts stood alone.
					(b) In respect of the other post, if the additional post is lower than his own post no additional pay should be allowed. If, however, the post is higher than his own post he may be allowed the difference between his own pay and pay of the higher post as stated under (a) above. In case the other post is equivalent he will get nothing extra if the two posts are in the same office or establishment which are in the same line of promotion otherwise he may be allowed 20 percent of the minimum of the additional post :
					Provided that a claim for additional pay should be entertained only if the period involved exceeds 14 days and there is a formal order of appointment of the Government employee concerned to hold charge of the additional post, in addition to his own duties.
				Heads of Departments.	Full powers in respect of non-gazetted Government employees subject to the principles laid down above.
25		4.24	Power to appoint and grant honorarium to Government employees appointing to hold charge of the current duties of another post in addition to their own duties.	Departments of Government
	26.	4.24	(1) Power to grant honorarium to Government employees of the P.C.S. (Judicial Branch) appointed to hold charge of the current duties of the office of the District and Sessions Judges in addition to their own duties.	Judges of the High Court.	Up to 10 percent of substantive pay of the Government employee concerned, provided the period of the additional charge is not less than 14 days and not more than two months.
			(2) Power to appoint gazetted Government employees class II and non gazetted Government employees to hold charge of current duties of another post in addition to their own duties and to grant honorarium to them.	Heads of Departments	Up to 10 percent of the substantive pay of the Government employees concerned or 5 percent of his officiating pay if he holds no lien on any permanent post, provided the period of additional charge is not less than 14 days and the amount of honorarium does not exceed what would have been admissible had he been formally appointed to hold full-fledged charge of the post.

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