SERVICE BYE-LAWS

By virtue of the powers vested in it under Section 291 of the Companies Act, 1956 read with clause 17(i) of Article 133 of the Memorandum and articles of Association of H.P. State Civil Supplies Corporation Limited, the Board of Directors of the aforesaid Corporation hereby make the following bye-laws to regulate the recruitment, emoluments, certain conditions of service and miscellaneous matters connected therewith the persons appointed as officers and other employees for service under the Corporation.

HIMACHAL PRADESH STATE CIVIL SUPPLIES CORPORATION LIMITED OFFICERS AND OTHER EMPLOYEES SERVICE BYE LAWS AND RULES GOVERNING MISCELLANEOUS MATTERS CONNECTED THEREWITH:

1.   SHORT TITLE, COMMENCEMENT AND DEFINATIONS:
  ( i ) These bye-laws may be called the Himachal Pradesh State Civil Supplies Corporation Limited Officers and other employees Service Bye-Laws and Rules Governing Miscellaneous matters connected therewith.
  (ii) The Bye-laws and Rules shall take effect from the date of registration of the Corporation.
  (iii) These Bye-laws and Rules shall apply to all officers and employees of the Corporation, except employees whose conditions of service are governed by the factories Act.
2   In these Bye-laws and Rules, unless there is anything repugnant in the subject context:-
  (i) “ The Board” means that Board of Director of the Himachal Pradesh State Civil Supplies Corporation Ltd., Shimla.
  (ii) “Bye-laws” means the Himachal Pradesh State Civil Supplies Corporation Limited Officer and other Employees Service Bye-laws and Rules governing miscellaneous matters connected therewith as amended from time to time.
  (iii) “ The Corporation” means the Himachal Pradesh State Civil Supplies Corporation Limited, Shimla.
  (iv) “ Direct Recruitment” means an appointment made otherwise then by promotion or transfer of a person already in the service of the Corporation or made by taking a person on deputation from the Government or any other Corporation/ Company/ any other source.
  (v) “ Duty” means the period of service which counts for pay, leave and other benefits, but does not include any period of suspension or extraordinary leave.
  (vi) “ Appointing Authority” means the Managing Director of the Corporation.
  (vii) “ Officers and other Employees” means person (s) employed on any post under the Corporation; but does not include trainees/ management trainees/ apprentice and daily waged earners.
  (viii) “ The Government” means the Himachal Pradesh Government.
  (ix) “Managing Director” means an officer appointed by the Government to be the Managing Director of the Corporation under Clause (5) of Article 102 of the Memorandum and Articles of Association of the Corporation.
  (x) “Probation” means a person employed on probation for a specific period as per terms of appointment
  (xi) “Temporary Employee” means a person appointed for a limited period or appointed against temporary post or appointed against a temporary post or vacancy for a specified or unspecified period.
  (xii) “Post or Posts” mean job/ jobs which may be created in the Corporation from time to time by the Board of Directors or any other authority authorised by the Board.
  (xiii) “Pay-scale” means the scale of pay attached to a post of the Corporation.
  (xiv) “ Pay” means the amount drawn monthly by an employee as under :-
  i) The pay other than special pay granted in view of personal qualifications which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre.
  ii) Special Pay and Personal pay.
  iii) Any other emoluments which may be specially classed as Pay by State Government from time to time.
  (xv) “Allowances” means, Dearness Allowance and local allowances which are sanctioned by the State Government from time to time for Government Servants.
  (xvi) “Family “ means, husband/ wife and dependent children and includes children adopted by a person.
  (xii) “Substantive Pay” means the minimum of stage pay in the time scale substantively held;
  (xviii) “Personal Pay” means an additional pay granted to an employee:-
  i) to save him from loss due to revision of pay or reduction therein otherwise then as a disciplinary measure or
  ii) in exceptional circumstances, or other personal considerations;
  (xix) “Special Pay” means additional pay granted in consideration of :-
  i) The special arduous nature of duties or;
  ii) a specific addition to work or responsibility.
  (xx) “Award” means a fixed amount awarded in recognition of meritorious work performed by any employee of the Corporation.
3.  
Creation/ Abolition of Posts under the Corporation
  3 (i) The Board or any authority duly authorized by the Board in this behalf may create from time to time, such posts as may be expedient to the working of the Corporation.
  3 (ii) For the purposes of these bye-laws the post under the Corporation shall be classified into the following categories viz.:
    a) Regular
   
  1. Contract
  2. Daily Wage Earners
  3. Apprentices
  4. Trainees
  Note: a) Regular means service in the Corporation against the post which at a point of time is expected to continue indefinitely.
    b) Contract means service for the Corporation at fixed or sliding scale of payments given for a specified period.
    c) Daily wage Earner means a person engaged on daily/ monthly wages fixed by the State Govt.
    d) Apprentices mean a person having given stipend under the Apprenticeship Act.
    e) Trainees mean a person eligible to draw a stipend as per various training scheme of the Corporation.
    f) The Board/ Authority duly authorized by the BOD shall review the posts from time to time and abolish such post as have outlived their utility or are no longer required in the interest of efficient working of the Corporation.
4.   Eligibility and age Limits:
  4 (i) A candidate for appointment to any post must be
    a) A citizen of India, or
    b) a citizen of Nepal, or
    c) a subject or Bhutan, or
    d) a Tibetan refugee who come over to India before the 1st January, 1962 with the intention of permanently settling in India, or
    e) a person of India origin who has migrated from Pakistan, Burma, Lanka, West African Countries of Kenya, Uganda the United Republic of Tanzania ( formerly Tanganyika and Zazibar) Zambia, Malwa, permanently settling in India.
    Provided that a candidate belonging to categories (b), (c) and (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the State. A candidate in hose case a certificate of eligibility is necessary may be admitted to an examination or interview, but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him by the Government of Himachal Pradesh/ Government of India.
  4(ii) No person below the age of 18 years or above the age of 45 year on the 1st January of the year in which recruitment takes place shall be considered for direct recruitment taken place shall be considered for direct recruitment to any post under the Corporation. The rule amended by the State Govt. will apply to Corporation as and when amended from time to time.
    Provided the above age limits shall be relaxed for the Scheduled Castes/Scheduled Tribes/ Ex-Servicemen/ Backward Classes to the extent as may be ordered by the Government from time to time. Provided further that the above age limits may be relaxed by the Managing Director in genuine cases.
  4(iii) No person who has been dismissed from Government service or Government Corporation/ Undertaking shall be considered for employment under the Corporation.
  4(iv) Non person who has more than one living spouse shall be considered for recruitment in the Corporation.
  4(v) No person who is found to be medically unfit shall be eligible for appointment under the Corporation
5.   Methods of Recruitment:
  5(i) Recruitment for various posts under the Corporation shall be made by the Managing Director by adopting any of the following method:-
  a) By deputation from the State/Central Govt. Deptts./ autonomous bodies/Corporations etc. and later absorption in the service of the Corporation.
  b) By direct recruitment.
  c) By promotion of existing personnel or by transfer from one post to another of existing personnel.
  5(ii) While resorting to recruitment ( Excluding class-III posts except the post of Driver) as prescribed in bye-laws 5(i) above, the Managing Director may adopt one or any of the following source of recruitment, provided that a requisition to the Employment Exchange shall always be sent in cases of direct recruitment of post carrying minimum of the pay scale up to Rs. 700/-.
  a) Insert an advertisement in some reputed newspapers.
  b) Write to the Employment Exchanges.
  c) Consider candidates already in the service of the Corporation.
  d) Consider candidates who apply to the Corporation of their own accord.
  e) Request State/Central Govt. Departments/ Autonomous Bodies/ Corporation etc. to sponsor suitable candidates already in their services.
  f) Write to organizations/ associations of employees in accordance with the instructions of the Government; and
  g) Take the advice/ service on hire/ payment of fee or otherwise of professional management consultants.
  5(ii)(i) All class-III posts or service ( including daily-wages in class-III except the post of Driver) shall be filled up through Subordinate Selection Board and provision of Service Bye-Laws 5(ii), 5(iv) and 5(vi) shall not be applicable to those class-III post or service under the Corporation except the following shall be made on the advice of the Board.
  i) Appointment to Class-III posts of wards of the Corporation employees who die in harness.
  ii) Class-III posts/service recruitment to which is to be made against reserved vacancies for ex-servicemen including one dependent of defense service personnel killed in action or disabled in action and rendered unfit for civil employment and physically handicapped.
  iii) Such other posts, as may from time to time be excluded by the Board of Directors from the purview of the Subordinate Service Selection Board of H.P.
  5(iii) Such member of post as may be prescribed by the State Government from time to time shall be reserved for Scheduled Caste/ Scheduled Tribe/ Ex-Servicemen/ Backward Classes and other communities. However, no post shall be kept vacant in case suitable candidates belonging to these categories are not available in the respective method of recruitment. The reserved post so filled from the candidates belong to the general category shall be carried forward to the subsequent recruitment(s) in accordance with the instructions of the Government(s).
    Provided that no preference shall be claimed by employees of such categories at the time to lay off/ retrenchment
  5(iv) After due consideration of all the applications, recommendations of the employment exchanges and after eliminating the candidates not fulfilling the basic qualifications, experience, personal interview/test as may be considered proper by the Managing Director shall be conducted.
  5(v) The ratio of candidates called for test interview shall not normally exceed six times the number of vacancies to be filled at a time provided that if none of the candidates so called for test/ interview comes up to the required minimum standard as laid down for the respective post then the Managing Director may call other candidates in the same proportion. Provided further that this bye-law shall not be binding on the Managing Director and he may relax the standard so laid down and recruit/ appoint the best candidates out of the whole lot.
  5(vi) The Managing Director may prescribe that anyone or all of the following tests will be conducted prior/ subsequent to the personal interview:-
  a) General Intelligence Test
  b) Test of knowledge of the subject matter/ requirement of a job.
  c) Aptitude test.
  d) Performance test
  e) Test of special interests; and
  f) Personality test.
  5(vii) The Managing Director may direct that a candidate selected for appointment in the Corporation shall deposit his original certificates/ testimonials in the Corporation for verification/ certification by the issuing authorities. Such documents shall be kept in the safe custody in a separate folder attached with the confidential file of the official concerned and shall be returned to the concerned incumbent when no longer required.
  5(viii) Every candidate before his appointment in the service of the Corporation shall be required to produce a certificate acceptable to the Managing Director regarding his bearing a good moral character. The Managing Director may also make confidential inquiries from the previous employer (s) of the person regarding the work and integrity of the prospective employee.
  5(ix) Every incumbent prior to his first direct recruitment in the service of the Corporation shall be required to undergo a medical test to be conducted by a Medical Officer so authorized by the Corporation. The standard of medical fitness may be relaxed in the case of physically handicapped person/ war injury/ army demobilized /discharged candidates to the extent to which it does not limit/ impair/ retard his efficiency at work.
  5(x) Every selected candidate shall before entering upon his duties sign a declaration in the form as prescribed under Article 183 of the Memorandum and Articles of the Association of the Corporation.
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