9. No books or writing of any kind may be brought by the candidates into the examination room except as in Regulation 10 below. Any transgression of this rule or any copying from the papers of another candidate will vitiate the examination of both parties concerned, and will render them liable to any of the punishments specified in Rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

10. All papers, except in the subject of Patwaris’ Mensuration Manual and Urdu, will be answered with the aid of books which will be provided in the examination hall for use by candidates. The questions in the papers with books shall not be such as can be answered by copying a passage from a book, but shall be assigned to test the practical knowledge of the candidates, and shall be confined as much as possible to cases arising in ordinary practice, facts of probable occurrence being stated and the candidates being required to apply the law or rules bearing on them.

11. (1) A candidate will be held to have passed in a subject by the standard prescribed for tehsildars if he obtains half of the maximum of marks allotted to that subject.

(2) Tehsildars who qualify in any group by the Higher Standard, i.e. who, obtain two-thirds of the maximum marks allotted to the group concerned will not be required to appear again in that group when appointed by the Government to the Punjab Civil Service (Executive Branch) except that those who have not taken the subject of “Jails” will be required to pass the whole of Group A-I, by the higher standard.

(3) A person who has passed Urdu or Financial Rules in the departmental examination for Naib-Tehsildars is not required to pass the subject again in the Departmental Examination for Tehsildars.

(4) A person who produces a certificate of having studied Urdu upto 6^th Class standard shall be exempted from passing Urdu paper in the departmental examination of Tehsildars.

(5) Candidates will be notified as having passed, with credit, if they obtain three fourth of the maximum marks allotted to the group concerned.

12. After each examination the names of the candidates, who have passed by either standard, will be published in the Gazette.

13. The papers in Urdu and Patwaris Mensuration will be set and answers will be examined by the examiners appointed by the Financial Commissioner, Revenue and all other papers set and answers examined by the examiners appointed under the Rules for the conduct of the Departmental Examination of Assistant Commissioner and Extra Assistant Commissioner.

14. The answer papers of the candidates will be forwarded by the Secretary to the Central Committee for the examination of Assistant and Extra Assistant Commissioners, Tehsildars and others to the several examiners appointed under Regulation 13, who will submit their awards of marks, along with the answer books in original, under sealed cover, to the Revenue Secretary to the Financial Commissioners direct. The general result statement will be tabulated in the Financial Commissioners’ Office, and the final decision as to passing of the candidates, will rest with the Financial Commissioner, Revenue.

15. The answers to the question must be written leaving one-third margin and on one side of the paper only and numbered according to the number of the question. Answers papers will be supplied to the candidates in the examination room and no paper shall be brought in side by the candidates, but each candidate must bring his own pens and ink-stand.

16. Candidates should not answer more than the specified number of questions. The examiners will mark the questions upto the specified number in the order in which the examinee has answered them, and will not award marks as to questions answered in excess of the specified number.

17. The candidates shall, before delivering their answer books to the officer conducting the examination, page each of the sheets containing their answers and write on them the subject and number of the paper.

18. It is the duty of every Deputy Commissioner to see that copies of the text books are available at each tehsil for the use of persons liable to examination.

19. The corresponding provisions/paragraphs of Financial Commissioners’ Standing Order No.12 relating to Departmental Examination are hereby repealed.

(Sd/-)...

Financial Commissioner, Revenue,

And Secretary to Government, Punjab,

Revenue Department.

PART – III

GOVERNMENT OF PUNJAB

DEPARTMENT OF REVENUE AND REHABILITATION

Notification

The 16^th May, 1984

No.G.S.R.48/Const./Art.309/84 - In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, and all other powers enabling him in this behalf, the President of India is pleased to make the following rules for regulating the recruitment, and the conditions of service of persons appointed, to the Punjab Naib-Tehsildars (Class III) Service, namely :-

1. Short Title, commencement and applicability:

(1) These rules may be called the Punjab Naib-Tehsildars (Class III) Service Rules, 1984.

(2) They shall come into force on and with effect from the date of publication of this notification in the Official Gazette.

(3) They shall apply to the posts specified in Appendix ‘A’ to these rules.

2. Definitions-In these rules, unless the context otherwise requires,-

(a) ‘Commissioner’ means the Commissioner of a Division;

(b) ‘direct appointment’ means an appointment made otherwise than by promotion or by transfer of an official already in the service of the State Government;

(c) ‘Financial Commissioner’ means the Financial Commissioner, Revenue, or any other officer authorised by general or special order by the Government to perform the functions of the Financial Commissioner under the rules;

(d) ‘Government’ means the Government of the State of Punjab in the Department of Revenue and Rehabilitation;

(e) ‘recognized university’ or ‘institution’ means-

(i) any university or institution incorporated by law in any of the States of India; or

(ii) any other university or institution recognized by the Government for the purposes of these rules;

(f) ‘recruiting authority’ means the Punjab Subordinate Services Selection Board or any other authority constituted by the Punjab Government to perform its functions;

(g) ‘regulations’ means regulations framed under rule 24; and

(h) ‘Service’ means the Punjab Naib-Tehsildars (Class III) Service.

3. Number and character of posts - The Service shall comprise the posts shown in Appendix ‘A’ to these rules:

Provided that nothing in these rules shall affect the inherent right of the Government to add to or reduce the number of such posts or to create new post with difference designations and scales of pay, whether permanently or temporarily.

4. Nationality, domicile and character of candidates.

(1) No person shall be appointed to the Service unless he is—

(a) a citizen of India; or

(b) a citizen of Nepal; or

(d) a Tibetan refugee who came over to India before the 1^st 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, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India:

Provided that a candidate belonging to categories (b), (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been given by the Government.

(2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or an interview conducted by the recruiting authority on his furnishing proof that he has applied for the certificate and he may also provisionally be appointed, subject to the necessary certificate being given to him by the Government.

(3) No person shall be recruited to the Service by direct appointment, unless he produces:-

(a) a certificate of character from the principal academic officer of the university, college, school, or institution last attended, if any, and similar certificates from two responsible persons, not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution, and

(b) an affidavit to the effect that he was never convicted for any criminal offence involving moral turpitude and that he was never dismissed or removed from service of any State Government or the Government of India or any Public Sector Undertaking.

5. Disqualification - No person-

(a) 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 eligible for appointment to the Service:

Provided that the Government may, if it 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, exempt any person from the operation of this rule.

6. Appointing authority - Appointments to the Service against the posts allocated for a Division shall be made by the Commissioner of that Division.

7. Method of appointment and qualifications - Subject to the provisions of rule 8, appointments to the posts in the Service shall be made in the following manner, namely:-

(i) fifty per cent by direct appointment;

(ii) fifty per cent by promotion from amongst the following categories of the officials working in that Division under the control of the Department of Revenue and Rehabilitation(Revenue Organisation) who have passed the departmental examination specified in the regulations:-

(a) District Kanungo who has worked as such for a minimum period of five years;

(b) District Revenue Accountant who has worked as such for a minimum period five years;

(c) Kanungo who has worked as such for a minimum period of five years and out of these five years has worked as Field Kanungo for a minimum period of two years; Provided that a District Kanungo, a District Revenue Accountant, a Senior Revenue Accountant or an Assistant Waterlogging, who has been appointed as such by promotion from the post of Kanungo, will be eligible for consideration against the post earmarked for Kanungo in sub-clause (c) above, provided they posses the experience specified therein:

Provided further that if no suitable candidate is available for appointment by promotion to the Service, appointment may be made by transfer of an official who is a graduate of a recognized university and is working as Assistant Consolidation Officer in the Department of Revenue and Rehabilitation or Ziledar in the Department of Irrigation.

8. Registers to be maintained. The following Registers of candidates shall be maintained by each Commissioner, namely:-

(i) Register ‘A’ in which shall be entered the names of candidates for direct appointment on the basis of the recommendations of the recruiting authority in the order of merit assigned to them by such authority;

(ii) Registers ‘B’, ‘C’ and ‘D’ in which shall be entered the names of the candidates from the categories mentioned in sub-clauses (a), (b) and (c), respectively, of clause (ii) of rule 7:

Provided that while entering the names of candidates in Registers ‘B’, ‘C’, and ‘D’ from the same direct cadre, their inter-se seniority in that cadre shall not be disturbed:

Provided further that mere entry of name of a person in a Register of candidates shall not confer upon him any right of appointment to the Service.

9. Appointment of candidates to Service - Appointment to the Service shall be made from amongst the candidates whose names have been duly entered in the Registers of candidates maintained under rule 8 on the basis of roaster prepared by the Commissioner in slabs of fifty vacancies each as under :-

Provided that if no suitable candidate is available on a particular register, the vacancy earmarked for candidates from that Register may be temporarily filed in from amongst candidates borne on any other register:

Provided further that period of such temporary appointment shall not be taken into account for the purposes of determining seniority under rule 16.

10. Competitive Examination - The recruiting authority shall hold a competitive examination and interview for selection of candidates to be brought on Register A, in accordance with the regulations.

11. Admission of candidates to the Competitive Examination - (1) Applications for permission to sit in the competitive examination shall be invited by the recruiting authority and shall be made in the prescribed manner and form and shall be accompanied by such documents or papers, as may be required by the recruiting authority in this behalf.

(2) No person shall be allowed to appear in the competitive examination, -

(a) who has not attained the age of eighteen years or who will have attained the age of thirty years or who is beyond such other age limits as may be specified by Punjab Government from time to time for entry into Service under the State, on or before the first day of January immediately preceding the last date fixed by the recruiting authority for the submission of applications;

Provided that the condition of upper age limit may be relaxed upto forty-five years in the case of a person already in the employment of Punjab Government, other State Government or the Government of India:

Provided further that in the case of a candidate who belongs to Scheduled Castes or Backward Classes the upper age limit shall be such as may, from time to time, be fixed by the Punjab Government in respect of entry into Service under the State of persons belonging to such castes or classes;

(b) who does not possess knowledge of Punjabi language of Matriculation standard or equivalent or has not passed test in Punjabi language of Matriculation standard to be held by such authority as may be specified by the Government from time to time;

(d) who does not, by the closing date for receipt of applications to be notified by the recruiting authority, send a treasury receipt of crossed postal order on account of a non-refundable examination fee as fixed by the recruiting authority.

NOTE -- For age limits in case of recruitment of Ex-servicemen, the provisions of rule 6 of the Punjab Recruitment of Ex-Servicemen Rules, 1982, apply.

12 Enlistment of candidates- (1)-Each Deputy Commissioner shall, at such time in a year as Commissioner may be general or special order specify, recommend to the Commissioner names of the officials from the categories of persons mentioned in sub-clauses (a), (b) and (c) of clause (ii) of rule 7, whom he considers suitable for appointment to the Service and who are borne on the cadre of his district and who have passed the departmental examination specified in the Regulations.

(2) The Commissioner shall consider the names of the persons recommended by the Deputy Commissioners under sub-rule (1) and may consider the names of any other persons belonging to the categories mentioned in and fulfilling the requirements of clause (ii) of rule 7, who have passed the Departmental Examination specified in the regulations, and prepare lists from amongst such persons for entering their names in Registers B, C and D, as the case may be:

Provided that the lists prepared by the Commissioner shall contain names not exceeding twice the number of vacancies to be filled from amongst the candidates entered in Registers B, C and D.

13. Removal of name of a candidate - The Commissioner may, at any time, for reasons to be recorded in writing, remove the name of any person from any Register of candidates:

provided that before taking such action, the person concerned shall be given an opportunity to represent against the proposed action.

14. Probation of members of Service - (1)-Members of the Service shall remain on probation for a period of two years, if appointed by direct appointment and one year, if appointed otherwise:

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 an 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; and

(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.

(2) If, in the opinion of the appointing authority the work or conduct of a person during the period of probation is not satisfactory, or if he has failed to pass the prescribed departmental examination within a period of two and a half years from the date of appointment, it may, --

(a) if such person is appointed by direct appointment dispense with his services or revert him to a post on which he held a lien prior to his appointment to the Service by direct appointment; or

(b) if such person is appointed otherwise :-

(i) revert him to his former post; or

(ii) deal with him in such other manner as the terms and conditions of his previous appointment permit.

(3) On the completion of the period of probation of a person, the appointing authority may --

(a) if his work and conduct has in its opinion, been satisfactory-

(i) confirm such person from the date of his appointment, if appointed against a permanent vacancy; or

(ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or

(iii) declare that he has completed his probation satisfactorily, if there is no permanent vacancy; or

(b) if his work or conduct has not been, in its opinion, satisfactory or he has failed to pass the prescribed departmental examination within a period not exceeding two and a half years from the date of appointment –

(i) dispense with his services, if appointed by direct appointment or if appointed otherwise revert him to his former post, or deal with him in such other manner as the terms and conditions of his previous appointment may permit; or

(ii) extend his period of probation and thereafter pass such orders as it could have passed on the expiry of the period of probation as specified to sub-rule (1):

Provided that the total period of probation, including extension, if any, shall not exceed three years.

15. Departmental Examination and training- A person appointed to the Service by direct recruitment or by transfer shall, during the period of two and a half years from the date of his appointment: --

(1) be required to qualify the Departmental Examination prescribed by regulations unless he has been exempted by the Financial Commissioner from passing the same;

(2) undergo satisfactorily the course of training as may be prescribed by regulations:

Provided that if any member of the Service has qualified the examination by the prescribed standard prior to his appointment to the Service, he shall not be required to qualify the Departmental Examination.

16. Seniority - Seniority of the members of the Service shall be determined in accordance with the order of their appointment to the Service:

Provided that in the case of members recruited 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 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 authority, his seniority shall be determined from the date he joins the Service;

Provided further that in case any candidate of the next selection has joined the Service before the candidate referred to in the preceding proviso joins, the candidate so referred shall be placed below all the candidates of the next selection who join within the time specified in the first proviso.

NOTE -- Seniority of persons appointed on purely provisional basis shall be determined as and when they are regularly appointed keeping in view the date of such regular appointment.

17. Pay - The members of the Service shall be entitled to such scales of pay, including special pay, if any, as may be authorized by the Government from time to time. The scales of pay at present in force in respect of the posts are given in Appendix ‘A’ to these rules.

18. Liability to transfer - A member of the Service may be transferred by the Government to any post whether included in any other Service or not on the same terms and conditions as are specified in rule 3.17 of the Punjab Civil Service Rules, Volume I, Part I.

19. Liability to serve - 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 so to do by the Commissioner.

20. Leave, pension or other matters - (1) In respect of leave, pension and other matters not expressly provided for in these rules, the members of the Service shall be governed by such law, rules and regulations as may have been, or may hereafter be adopted or made, by the competent authority:

Provided that –

(i) the Deputy Commissioner of the District may grant leave not exceeding six months to the Naib-Tehsildars working in the District and a copy of such order shall be endorsed for the information of the Commissioner;

(ii) power to grant annual increments and to allow crossing of efficiency bar to be Naib-Tehsildars working in a District shall vest in the Deputy Commissioner of the District.

21. Discipline, penalties and appeals - (1) In the matter of discipline, punishment and appeals, the members of the Service shall be governed by the Punjab Civil Services (Punishment and Appeal) Rules, 1970, as amended from time to time.

(2) The authority empowered to impose penalties as specified in rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 and the appellate authority thereunder in respect of the members of the Service, shall be as specified in Appendix ‘B’ to these rules.

(3) The authority competent to hear an appeal against an order specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any other penalties as mentioned in Appendix ‘B’ to these rules, shall be as specified in Appendix ‘C’ to these rules.

22. 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.

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

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

24. Forming of regulations- The Financial Commissioner shall make regulations consistent with these rules for carrying out the purposes of the provisions of these rules.

25. Interpretation of rules - if any question arises as to the interpretation of these rules, the Government shall decide the same.

26. Repeal and saving- The Punjab Tehsildari Rules, 1932, so far as these are applicable to the members of the Service are hereby repealed:

Provided that any order issued or any action taken under the rules so repealed shall be deemed to have been issued or taken under the corresponding provisions of these rules.

APPENDIX ‘A’

[See rules 1(3), 3 and 17]

SN	Designation	Name of Division	No. of posts			Scale of pay
1	2	3	4	5	6	7
			Permanent	Temporary	Total
1.	Naib-Tehsildar	1. Jalandhar	45	7	52	Rs.700-25-850/ 30-1000/40-1200 20 per cent of the posts in the selection grade of Rs.800-25-850-30 1000/40-1200/ 50-1400.
		2. Patiala	30	7	37
		3. Ferozepur	22	2	24

APPENDIX ‘B’

(See rule 21)

Designation	Nature of penalty	Punishing authority	Appellate authority
1	2	3	4
	Minor Penalties	Deputy Commissioner	Commissioner
Naib-Tehsildar	(i) Censure;
	(ii) withholding of his promotion;
	(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
	(iv) withholding of increments of pay;

Major Penalties	Commissioner	Financial Commissioner
(v) reduction to a lower stage in the time-scale of pay for a specified period with further directions as to whether or not the Government employee will earn increments of pay during the period of such reduction and whether on the expiry of such period the reduction will or will not have the effect of postponing the future increments of his pay;
(vi) reduction to a lower time-scale of pay grade, post or service which shall ordinarily be a bar to the promotion of the Government employee to the time-scale of pay, grade, post or service from which he was reduced with or without further directions regarding conditions of restoration to the grade or post or service from which the Government employee was reduced and his seniority and pay on such restoration to that grade, post or service;
(vii) compulsory retirement;
(viii) removal from service which shall not be a disqualification for future employment under the Government;
(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.

APPENDIX ‘C’

(See rule 21 (3))

Designation

Nature of penalty

Authority competent to pass orders

Appellate authority

Naib-Tehsildar

(i) An order of suspension made or deemed to have been made under rule 4;

(ii) An order which –

(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement;

(b) interprets to his dis-advantage the provisions of any such rule or agreement;

Commissioner

Government

Government

Financial Commissioner

Notification

APPENDIX ‘A’

No. of posts

Designation

Appellate authority

Minor Penalties

Designation

Appellate authority

Commissioner

Government