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The Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020

State Act of Punjab · Act 1 of 202166,896 characters of text

The enactment

TypeAct
CitationAct 1 of 2021
Year2021
JurisdictionState of Punjab
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectsproperty, social

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) EXTRAORDINARY Published by Authority CHANDIGARH, TUESDAY, JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) ( iii ) LEGISLATIVE SUPPLEMENT Contents Pages Part - I Acts The Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020.

(Punjab Act No. 1 of 2021) Part - II Ordinances Nil Part - III Delegated Legislation

1. Notification No. G.S.R. 01/Const./Art.309/ Amd.(2)/2021, dated the 8th January, 2021, containing amendment in the Punjab Medical Education (Group-A) Service Rules, 2016.

2. Notification No. G.S.R. 02 /Const./Art.309/ Amd.(2)/2021, dated the 8th January, 2021, containing amendment in the Punjab Dental Education (Group-A) Service Rules, 2016.

.. 5-13 .. 1-6 .. 15-18 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

3. Notification No. G.S.R. 03/Const./Art.309/ Amd.(2)/2021, dated the 8th January, 2021, containing amendment in the Punjab Nursing Education (Group-A) Service Rules, 2016.

4. Notification No. G.S.R. 04/Const./Art.309/ Amd.(1)/2021, dated the 8th January, 2021, containing amendment in the Punjab Nursing Education (Group-B) Service Rules, 2016.

5. Notification No. S.O. 02/P.A.5/2017/ S.128/ Amd./2021, dated the 11th January, 2021, containing amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. S.O.13/P.A.5/2017/S.128/ 2018, dated the 27th February, 2018.

6. Notification No. S.O. 03/P.A.3/2020/S.1/ 2021, dated the 8th January, 2021, appointing the date on which the provisions of Punjab Act No. 3 of 2020 shall be deemed to have come into force.

7. Notification No. S.O. 04/P.A.5/2017/Ss.148 and 39/2021, dated the 8th January, 2021, notifying the registered persons who have opted to furnish return for every quarter or part thereof.

8. Notification No. S.O. 05/P.A.5/2017/S.39/ 2021, dated the 8th January, 2021, notifying the registered persons who have opted to furnish return for every quarter.

9. Notification No. S.O. 06/P.A.5/2017/S.99/ 2021, dated the 11th January, 2021, containing amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. S.O.70/P.A.5/ 2017/S.99/ 2018, dated the 14th May, 2018.

iv .. 19-22 .. 23-26 .. 27 .. 29 .. 31-32 .. 33-34 .. 35 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

10. Notification No. S.O. 07/P.A.5/2017/Ss. 9, 11, 15 and 148/2021, dated the 8th January, 2021, containing amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. S.O.37/P.A.5/ 2017/S.11/2017, dated the 30th June, 2017.

11. Notification No. G.S.R. 05/Const./Art.309/ Amd.(2)/2021, dated the 11th January, 2021, containing amendment in the Punjab Horticulture (Group A ) Service Rules, 2015.

Part - IV Correction Slips, Republications and Replacements Nil ______ v .. 37-38 .. 39-56 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 12th January, 2021 No.1-Leg./2021.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 11th day of January, 2021, is hereby published for general information:- THE PUNJAB (WELFARE AND SETTLEMENT OF LANDLESS, MARGINAL AND SMALL OCCUPANT FARMERS) ALLOTMENT OF STATE GOVERNMENT LAND ACT, 2020 (Punjab Act No. 1 of 2021) AN ACT to provide as a welfare measure for allotment of land to landless, marginal and small farmers who are in cultivating possession and occupation of Government lands for a period of ten years or more and for protecting Government interests of getting reasonable price for its lands and for the matters connected therewith or incidental thereto.

BE it enacted by the Legislature of the State of Punjab in the Seventyfirst Year of the Republic of India, as follows: -

1. (1) This Act may be called the Punjab (Welfare and Settlement of Landless, Marginal and Small Occupant Farmers) Allotment of State Government Land Act, 2020.

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

2. In this Act, unless the context otherwise requires, -

(a) "Acre" means an area of land measuring 4840 square yards;

(b) "Allotment Commissioner" means the Assistant Collector of the First Grade under the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887) posted as Sub-Divisional Magistrate in a Sub-Division;

(c) “Allottee” means an occupant of land to whom land has been allotted by an order passed by the Allotment Commissioner but does not confer right of ownership;

(d) “Appointed day” means the first day of January, 2020;

Short title and commencement.

Definitions.

1 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

(e) "Chief Allotment Commissioner" means the District Collector or the Deputy Commissioner of the District;

(f) “cultivating possession” means continuous cultivating possession for a period of ten years or more as on the appointed day by a landless, marginal or small farmer or his predecessor on Government land established by entries in the revenue record;

(g) “Financial Commissioner” means the Financial Commissioner, Revenue of the Government of Punjab;

(h) “Government” means the Government of Punjab in the Department of Revenue, Rehabilitation and Disaster Management;

(i) “land” means the agriculture land in rural area belonging to or vesting in the State Government of any department, but shall not include,-

(i) evacuee land, governed by the Punjab Package Deal Properties (Disposal) Act, 1976;

(ii) nazool land as defined in rule 2 (d) of the Nazool Lands (Transfer) Rules, 1956; and

(iii) surplus area of land in excess of the permissible area declared under the Punjab Land Reforms Act, 1972 (Punjab Act No.10 of 1973);

(j) “Landless, Marginal and Small Farmer” means a farmer, who, does not own, owns up to 2.5 acres and more than 2.5 acres and up to 5 acres of agriculture land respectively in the State of Punjab;

(k) “occupant” means a person including his predecessors in cultivating possession;

(l) “prescribed” means prescribed by rules made under this Act;

(m) “rural area” means an area which is not part of urban area and is not within the limits of any municipality or local self-government institution;

(n) “Sub-Divisional Magistrate” means the in-charge of the revenue administration of a Sub-Division in the District; and

(o) “Tehsildar” means the Tehsildar of a Tehsil under the Punjab Land Revenue Act, 1887 (Punjab Act No. XVII of 1887).

3. (1) Any landless, marginal or small farmer in cultivating possession and occupation of land shall be eligible for allotment of land not exceeding five acres in accordance with the provisions of this Act.

Eligibility for allotment of land.

2 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

(2) An application for allotment of land under the provisions of this Act shall be made to the Allotment Commissioner in such manner, as may be prescribed.

4. The price payable by an eligible applicant for allotment of land shall be determined on the basis of the Collector rate fixed by the Collector for the area prevalent on the date of application and the rate of allotment shall be determined as follows: - For Marginal and Small Farmers of General Category:-

(a) up to 2.5 acres fifty per cent of the Collector rate

(b) above 2.5 acres and up to 5 acres sixty-five per cent of the Collector rate For Landless of both categories (General Category and Scheduled Castes Category); and Members of Scheduled Castes Category:-

(a) up to 2.5 acres thirty per cent of the Collector rate

(b) above 2.5 acres and up to 5 acres forty per cent of the Collector rate

5. (1) On receipt of an application for allotment of land, the Allotment Commissioner shall call for the report and recommendations of the Tehsildar.

(2) The Allotment Commissioner in respect of land for which an application for allotment has been received shall serve a notice to the Secretary to Government of the department in which the land vests and in the manner as may be prescribed, for raising specific objections, if any, within sixty days of the date of notice.

(3) The Allotment Commissioner on receipt of the report under sub-section

(1) and objections, if any, of the department under sub-section (2) and after conducting such inquiry as he deems fit, and hearing the applicant and the District head of the concerned Government Department in which the land vests, shall by order in writing by recording reasons determine whether the land is to be allotted and thereafter either allot the land by determining the amount payable in the manner prescribed or decline the allotment:

Provided that an occupant shall be ineligible for allotment of land, if, he is an allottee or vendee of land, the allotment or transfer of which has been cancelled on the ground of fraud or misrepresentation of facts or otherwise.

6. (1) The allottee shall within thirty days of the passing the order of allotment, deposit and pay twenty-five per cent of the total amount determined, failing which the allotment shall be cancelled:

Price of land.

Procedure for allotment.

Mode of payment.

3 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

Provided that in the event an allottee deposits the entire amount of the price determined within thirty days of the passing of the order of allotment of land, he shall be entitled for a discount of ten per cent.

(2) The balance amount payable after payment of the initial amount under sub-section (1), shall be paid and deposited by the allottee in six equated interest free installments within a period of three years from the date of allotment of land.

(3) In the event of failure to pay the due amount in terms of sub-section

(2) within thirty days, the allotment shall be deemed to be cancelled and possession of the allotted land shall be taken by the Tehsildar who shall dispose of the same in the manner prescribed.

7. (1) The Allotment Commissioner on receipt of full and final amount of consideration, shall execute a conveyance deed conferring ownership rights of the allotted land in favour of the allottee.

(2) In the event of death of the allottee, his legal heirs shall be entered in his place.

(3) Mutation of ownership rights shall be entered and sanctioned in favour of the allottee on the basis of conveyance deed executed by the Allotment Commissioner in favour of the allottee.

8. (1) The Allotment Commissioner except in case of deemed cancellation under sub-section (3) of section 6 of this Act, may after due enquiry and an opportunity of being heard to an allottee, cancel and rescind the allotment of land, if the allotment had been made on misrepresentation or fraud.

(2) The amount paid shall be forfeited to the Government in case of cancellation of allotment under sub- section (1).

9. An allottee or a department of the Government, in which the land vests, aggrieved by an order passed by the Allotment Commissioner affecting his or its rights may, within thirty days from the date of order, prefer an appeal to the Chief Allotment Commissioner in such form and manner, as may be prescribed:

Provided that the Chief Allotment Commissioner may entertain an appeal after the expiry of said thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and decide it within sixty days.

10. The Government may, at any time call for the record of any case under this Act pending before, or disposed of, by the Allotment Commissioner or the Chief Allotment Commissioner and pass such order, consistent with the Issuance of conveyance deed and conferment of ownership rights on the allottee.

Cancellation of allotment.

Appeal.

Revision.

4 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) provisions of this Act and the rules framed thereunder, in relation thereto, as in its opinion the circumstances of the case require:

Provided that the Government shall not pass an order under this section reversing or modifying any proceedings or order of the Allotment Commissioner or the Chief Allotment Commissioner without giving the affected party an opportunity of being heard.

11. The procedure for conduct of proceedings under this Act shall be in such manner as may be prescribed.

12. Save as otherwise expressly provided in this Act, an order passed by the Allotment Commissioner, the Chief Allotment Commissioner or the Government under this Act, shall be final and the jurisdiction of the Civil Court to entertain any suit or proceedings in respect of any matter which the said authorities are empowered by or under this Act, shall be barred.

13. No suit or other legal proceedings shall lie against the Government or any officer or authority functioning under this Act in respect of anything done or action taken or intended to be taken or done in good faith, in pursuance of this Act.

14. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters under this Act, namely: -

(a) the form for making an application by an eligible occupant of land under this Act for allotment;

(b) the method and procedure for the Tehsildar to conduct an inquiry for consideration of entitlement of an intended allottee for allotment of land under this Act, and for calculating and determining the price of the land;

(c) the procedure for paying and depositing (after the payment of initial twenty-five per cent of the determined price for allotment of land) the six-monthly installments and the amount of each installment;

(d) the procedure for refund of the amount paid for allotment in case of cancellation of allotment under section 6 of this Act;

(e) the procedure for disposing the land that is repossessed after failure on the part of the allottee to pay the determined amount or installments;

5 Finality of orders and bar of jurisdiction of Civil Courts.

Protection of action taken in good faith.

Power of Government to make rules.

Procedure.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

(f) the procedure to be followed for the conduct of proceedings under this Act; and

(g) any other matter which is required to be, or may be, prescribed.

15. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions, consistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

16. This Act shall remain in force for a period of two years from the date of its commencement:

Provided that any proceedings initiated or pending under this Act at the expiry of two years from the date of commencement of this Act shall continue in the same manner till its final completion as if this Act had not lapsed.

17. The provisions of this Act shall have overriding effect, notwithstanding anything contained in any judgment or decree of any court or anything inconsistent herein in any other law, rule or policy for the time being in force.

18. (1) The Punjab Allotment of State Government Land Act, 2016 (Punjab Act No.54 of 2016) shall stand repealed.

(2) Notwithstanding such repeal-

(i) any order passed or anything done or any action taken in pursuance of any provision of the repealed Act shall be deemed to have been made, done or taken under the provisions of the Act so repealed; and

(ii) any proceeding pending under the provisions of the repealed Act shall continue in the same manner as if that Act had not been repealed.

S.K. AGGARWAL, Secretary to Government of Punjab, Department of Legal and Legislative Affairs.

6 2202/1-2021/Pb. Govt. Press, S.A.S. Nagar Power to remove difficulties.

Period of applicability of this Act.

Act to have overriding effect.

Repeal.

PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH NOTIFICATION The 8th January, 2021 No. G.S.R. 01/Const./Art.309/Amd.(2)/2021.–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 Governor of Punjab is pleased to make the following rules further to amend the Punjab Medical Education (Group-A) Service Rules, 2016, namely:- RULES

1. (1) These rules may be called the Punjab Medical Education (Group-A) Service (Amendment) Rules, 2021.

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

2. In the Punjab Medical Education (Group-A) Service Rules, 2016 (hereinafter referred to as the said rules), for the words "Medical Council of India" or "MCI" wherever occurring, the word "National Medical Commission or any Council or Board constituted by the Government of India" shall be substituted.

3. In the said rules, in rule 2, for clauses (c), (f) and (g), the following clauses shall be substituted, namely:- "(c) “Faculty” means teachers working in the Government Medical Colleges of the State as Director-Principals, Medical Superintendents, Professors, Associate Professors and Assistant Professors ;

(f) “Recognized Post Graduate Medical College” for a speciality means any Medical College with a recognized post graduate course in that speciality ;

(g) “Recognized University” means any university incorporated by law in any of the States of India and recognized by the National Medical Commission or any Council or Board constituted by the Government of India and/ or University Grants Commission;

(h) “Service” means the Punjab Medical Education (Group- A) Service;

and 5 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

(i) "Super speciality course" means Doctorate of Medicine (D.M) or Master of Chirurgiae (M.Ch.) or equivalent from the recognized Post Graduate Medical College."

4. In the said rules, in rule 6, for sub-rule (1), the following shall be substituted, namely:- "(1) Appointment to the Service shall be made in the manner as specified against that post in Appendix ‘B’ :

Provided that in case no suitable person is available for promotion to any post in the Service, the same shall be filled up by direct appointment :

Provided that if no suitable candidate is available for appointment by promotion and by direct appointment then appointment to the Service shall be made by deputation or transfer of a person holding a similar or an identical post under the State Government or Government of India."

5. In the said rules, in rule 8, sub-rule (4) shall be omitted.

6. In the said rules, in rule 10, for sub-rule (2), the following shall be substituted, namely:- "(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 service, shall be as specified in Appendix B-1.

(3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."

7. In the said rules, in Appendix 'A', under column 2, in serial No. 3, for the word "Principal", the words "Director-Principal" shall be substituted.

8. In the said rules, in Appendix 'A-1',- in serial No. 1, for the word "Principal", the words "Director-Principal" shall be substituted.

9. In the said rules, in Appendix 'B',—

(a) under column 2,— in serial No. 3, for the word "Principal", the words "Director-Principal" shall be substituted;

(b) under column 6,— 6 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

(i) in serial No. 1, for the existing entry, the following entry shall be substituted, namely:- "From amongst the panel of five senior most Professors who have an experience of working as Professor for a minimum period of five years.";

(ii) in serial No. 3, for the existing entry, the following entry shall be substituted, namely:- "From amongst the panel of five senior most Professors who have an experience of working as Professor for a minimum period of five years.";

(iii) in serial No. 4, for the existing entry, the following entry shall be substituted, namely:- "From amongst the panel of five senior most Professors who have an experience of working as Professor for a minimum period of five years.";

(iv) in serial No. 5, for the existing entry, the following entry shall be substituted, namely:- "From amongst the panel of ten senior most Professors with a recognized post graduate medical qualification from a recognized university or institution with ten years experience on administrative post.";

(v) in serial No. 6, for the existing entry, the following entry shall be substituted, namely:- "From amongst the panel of ten senior most Associate Professors who have an experience of teaching for a minimum period of five years.";

(c) for serial numbers 7, 8 and 9 and the entries relating thereto, the following shall be substituted, namely:– " 7. Professor Twenty-five Seventy-five From amongst the From amongst the per cent per cent candidates,– Associate Professors,–

(i) who have an experience of teaching for a minimum period of ten years after completion of Post

(i) who have an experience of teaching for a minimum period of three years in the concerned subjects; and 7 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) Graduation, which shall include three years experience as Reader or Associate Professor and four years experience as Assistant Professor in the concerned specialty in a recognised Post Graduate Medical College and three years as Senior Resident or Registrar or Lecturer or Demonstrator or Tutor or equivalent or higher teaching faculty posts in the concerned specialty in a recognized Medical College;

and

(ii) who have four Research Publications (published or accepted) to their credit, including two publications as first author or corresponding author as Reader or Associate Professor in PubMed or Excerpta Medica or Embased Medica or Index Medicus Journals.

(ii) who have four Research Publications (published or accepted) to their credit, including two publications as first author or corresponding author as Reader or Associate Professor in PubMed or Excerpta Medica or Embased Medica or Index Medicus Journals.

8 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

9. Assistant Twenty-five Seventy-five From amongst the By inviting Professor per cent per cent candidates who, after application from the Professor in the concerned specialty in recognised Post Graduate Medical College and three years as Senior Resident or Registrar or Lecturer or Demonstrator or Tutor or equivalent or higher teaching faculty posts in the concerned specialty in a recognized Medical College; and

(ii) who have two Research Publications (published or accepted) to their credit, including two publications as first author or corresponding author as Assistant Professor in PubMed or Excerpta Medica or Embased Medica or Index Medicus Journals.

Research Publications (published or accepted) to their credit, including two publications as first author or corresponding author as Assistant Professor in PubMed or Excerpta Medica or Embased Medica or Index Medicus Journals.

completion of Post members of the Punjab

8. Associate Twenty-five Seventy-five From amongst the From amongst the Professor per cent per cent candidates,– Assistant Professors,–

(i) who have an experience of teaching for a minimum period of seven years after completion of Post Graduation, which shall include four years experience as Assistant

(i) who have an experience of working as such for a minimum period of four years in the concerned subjects;

and

(ii)who have two 9 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

10. In the said rules, in Appendix 'B', for Notes No. 2, 3,7, 8 and 9 thereunder, the following shall be substituted, namely:- "2) For the post of Professor and Associate Professor, experience from a Recognised Post Graduate Medical College means experience from the date of grant of letter of permission (L.O.P) by Medical Council of India i.e. from the date of start of Post Graduate Course. The experience from date of letter of permission (L.O.P) shall still be counted even if the college is yet to get recognition for a Post Graduate course.

3) The relaxation of one year in teaching experience for appointment by promotion to the post of Assistant Professor shall be given to in-service Punjab Civil Medical Services (PCMS) candidates who have done four years of regular rural service in Punjab.

7) Director-Principals of Government Medical Colleges and Medical Superintendents of Government Medical College Hospitals shall cease to be the Heads of Department. However, they shall be allowed to teach and practice in the department and remain incharge of a Unit.

8) Director-Principal of a Government Medical College shall also be Dean of that College.

9) Administrative post or experience consists of experience on the post of Director, Joint Director, Director-Principal, Medical Superintendent, Head of the Department of a specialty, In-charge Graduation, have an experience of teaching for a minimum period of three years as Senior Resident or Registrar or Lecturer or Demonstrator or Tutor or equivalent or higher teaching faculty posts in the concerned specialty in a recognized Medical College Civil Medical Services (PCMS) cadre who, after the completion of Post Graduation, have an experience of teaching for a minimum period of two years as Senior Resident or Registrar or Lecturer or Demonstrator or Tutor or equivalent or higher teaching faculty posts in the concerned specialty in a recognized Medical College."

10 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) of a Clinical Unit, Deputy Medical Superintendent, Civil Surgeon, Senior Medical Officer and above, District Medical Officer or District Programme Officer.

10) Minimum qualification for appointment into the service by direct appointment or by promotion on a post in the following specialties shall be as under:-"

11. In the said rules, after Appendix 'B', the following Appendices shall be added, namely:- "APPENDIX B-1 {See rule 10(2)} Serial Designation of the Nature of Penalty Punishing Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Director Secretary Incharge Minister Incharge

2. Joint Director Secretary Incharge Minister Incharge

3. Director-Principal Secretary Incharge Minister Incharge

4. Vice Principal Secretary Incharge Minister Incharge

5. Medical Secretary Incharge Minister Incharge Superintendent

6. Deputy Medical Secretary Incharge Minister Incharge Superintendent

7. Professor Secretary Incharge Minister Incharge

8. Associate Professor Secretary Incharge Minister Incharge

9. Assistant Professor Secretary Incharge Minister Incharge

(i) Censure;

(ii) withholding of promotions;

(iii) recovery from 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 without cumulative effect;

(v) withholding of increments of pay with cumulative effect or 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 11 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 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 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.

12 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX B-2 {See rule 10(3)} Serial Designation of the Nature of Order Ordering Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Director Secretary Incharge Minister Incharge

2. Joint Director Secretary Incharge Minister Incharge

3. Director-Principal Secretary Incharge Minister Incharge

4. Vice Principal Secretary Incharge Minister Incharge

5. Medical Secretary Incharge Minister Incharge Superintendent

6. Deputy Medical Secretary Incharge Minister Incharge Superintendent

7. Professor Secretary Incharge Minister Incharge

8. Associate Professor Secretary Incharge Minister Incharge

9. Assistant Professor Secretary Incharge Minister Incharge D.K. TIWARI, Principal Secretary to Government of Punjab, Department of Medical Education and Research.

As specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

13 2202/1-2021/Pb. Govt. Press, S.A.S. Nagar PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH NOTIFICATION The 8th January, 2021 No. G.S.R. 02/Const./Art.309/Amd.(2)/2021.- 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 Governor of Punjab is pleased to make the following rules further to amend the Punjab Dental Education (Group-A) Service Rules, 2016, namely:- RULES

1. (1) These rules may be called the Punjab Dental Education (Group-A) Service (Amendment) Rules, 2021.

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

2. In the Punjab Dental Education (Group-A) Service Rules, 2016 (hereinafter referred to as the said rules), in rule 10, for sub-rule (2), the following shall be substituted, namely:- "(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-1.

(3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."

3. In the said rules, after Appendix 'B', the following Appendices shall be added, namely:— 15 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "Appendix B-1 {See rule 10(2)} Serial Designation of the Nature of Penalty Punishing Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Joint Director Secretary Incharge Minister Incharge

2. Professor Secretary Incharge Minister Incharge

3. Associate Secretary Incharge Minister Incharge Professor

4. Assistant Secretary Incharge Minister Incharge Professor

5. Senior Lecturer Secretary Incharge Minister Incharge

(i) Censure;

(ii) withholding of promotions;

(iii) recovery from 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 without cumulative effect;

(v) withholding of increments of pay with cumulative effect or 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 pay;

(vi) reduction to a lower time-scale of pay, grade, post or service which 16 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 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.

17 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX B-2 {See rule 10(3)} Serial Designation of the Nature of Order Ordering Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Joint Director Secretary Incharge Minister Incharge

2. Professor Secretary Incharge Minister Incharge

3. Associate Secretary Incharge Minister Incharge Professor

4. Assistant Secretary Incharge Minister Incharge Professor

5. Senior Lecturer Secretary Incharge Minister Incharge D.K. TIWARI, Principal Secretary to Government of Punjab, Department of Medical Education and Research.

As specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 18 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH NOTIFICATION The 8th January, 2021 No. G.S.R. 03/Const./Art.309/Amd.(2)/2021.- 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 Governor of Punjab is pleased to make the following rules further to amend the Punjab Nursing Education (Group-A) Service Rules, 2016, namely:- RULES

1. (1) These rules may be called the Punjab Nursing Education (Group-A) Service (Amendment) Rules, 2021.

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

2. In the Punjab Nursing Education (Group-A) Service Rules, 2016 (hereinafter referred to as the said rules), in rule 9, for sub-rule (2), the following shall be substituted, namely:- "(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-1.

(3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."

3. In the said rules, after Appendix 'B', the following Appendices shall be added, namely:– 19 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "Appendix B-1 {See rule 9(2)} Serial Designation of the Nature of Penalty Punishing Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Professor Secretary Incharge Minister Incharge

2. Associate Secretary Incharge Minister Incharge Professor

3. Lecturer Secretary Incharge Minister Incharge

(i) Censure;

(ii) withholding of promotions;

(iii) recovery from 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 without cumulative effect;

(v) withholding of increments of pay with cumulative effect or 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 pay;

(vi) reduction to a lower time-scale of pay, grade, post or service which 20 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 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.

21 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX B-2 {See rule 9(3)} Serial Designation of the Nature of Order Ordering Authority Appellate Authority No. post

(1) (2) (3) (4) (5)

1. Professor Secretary Incharge Minister Incharge

2. Associate Secretary Incharge Minister Incharge Professor

3. Lecturer Secretary Incharge Minister Incharge D.K. TIWARI, Principal Secretary to Government of Punjab, Department of Medical Education and Research.

As specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 22 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF MEDICAL EDUCATION AND RESEARCH NOTIFICATION The 8th January, 2021 No. G.S.R. 04/Const./Art.309/Amd.(1)/2021.- 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 Governor of Punjab is pleased to make the following rules further to amend the Punjab Nursing Education (Group-B) Service Rules, 2016, namely:- RULES

1. (1) These rules may be called the Punjab Nursing Education (Group-B) Service (First Amendment) Rules, 2021.

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

2. In the Punjab Nursing Education (Group-B) Service Rules, 2016 (hereinafter referred to as the said rules), in rule 8, for sub-rule (2), the following shall be substituted, namely:- "(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-1.

(3) The authority competent to hear the appeal against an order as specified under rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, other than an order imposing any of the penalties as mentioned in Appendix B-1, shall be as specified in Appendix B-2."

3. In the said rules, after Appendix 'B', the following Appendices shall be added, namely:- 23 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "Appendix B-1 {See rule 8(2)} Serial Designation of the Nature of Penalty Punishing Appellate No. post Authority Authority

(1) (2) (3) (4) (5)

1. Tutor Secretary Incharge Minister Incharge(i) Censure;

(ii) withholding of promotions;

(iii) recovery from 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 without cumulative effect;

(v) withholding of increments of pay with cumulative effect or 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 pay;

(vi) reduction to a lower time-scale of pay, grade, post or service which 24 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 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.

25 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "Appendix B-2 {See rule 8(3)} Serial Designation of the Nature of Order Ordering Appellate No. post Authority Authority

(1) (2) (3) (4) (5)

1. Tutor Secretary Incharge Minister Incharge D.K. TIWARI, Principal Secretary to Government of Punjab, Department of Medical Education and Research.

As specified in rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 26 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 11th January, 2021 No. S.O. 03/P.A.5/2017/S.128/Amd./2021.- In exercise of the powers conferred by section 128 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017) , and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to make the following amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. SO.13/P.A.5/2017/S.128/2018, dated the 27th February, 2018, published in the Punjab Government Gazette, (Extraordinary), dated the 7th March, 2018, namely:- AMENDMENT In the said notification, in the third proviso for the figures , letters, word and sign "10th January, 2020", the figures, letters, word and sign "17th January, 2020" shall be substituted.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

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PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 8th January, 2021 No. S.O. 04/P.A.3/2020/S.1/2021.- In exercise of the powers conferred by sub-section (2) of section 1 of the Punjab Goods and Services Tax (Amendment) Act, 2020 (Punjab Act No. 3 of 2020) and all other powers enabling him in this behalf, the Governor of Punjab, on recommendations of the Council, is pleased to appoint the 10th day of November, 2020, as the date on which the provisions of section 7 of the said Act shall be deemed to have come into force.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 29 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 8th January, 2021 No. S.O. 05/P.A.5/2017/Ss.148 and 39/ 2021.— In exercise of the powers conferred by section 148 read with sub-section (7) of section 39 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017), (hereinafter referred to as the said Act) and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to notify the registered persons, notified under proviso to sub-section

(1) of section 39 of the said Act, who have opted to furnish a return for every quarter or part thereof, as the class of persons who may, in first month or second month or both months of the quarter, follow the special procedure such that the said persons may pay the tax due under proviso to sub-section (7) of section 39 of the said Act, by way of making a deposit of an amount in the electronic cash ledger equivalent to, -

(i) thirty five per cent. of the tax liability paid by debiting the electronic cash ledger in the return for the preceding quarter where the return is furnished quarterly; or

(ii) the tax liability paid by debiting the electronic cash ledger in the return for the last month of the immediately preceding quarter where the return is furnished monthly:

Provided that no such amount may be required to be deposited-

(a) for the first month of the quarter, where the balance in the electronic cash ledger or electronic credit ledger is adequate for the tax liability for the said month or where there is nil tax liability;

(b) for the second month of the quarter, where the balance in the electronic cash ledger or electronic credit ledger is adequate for the cumulative tax liability for the first and the second month of the quarter or where there is nil tax liability:

Provided further that registered person shall not be eligible for the said special procedure unless he has furnished the return for a complete tax period preceding such month.

31 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

Explanation– For the purpose of this notification, the expression “a complete tax period” means a tax period in which the person is registered from the first day of the tax period till the last day of the tax period.

2. This notification shall come into force with effect from the 1st day of January,

2021.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 32 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 8th January, 2021 No. S.O. 06/P.A.5/2017/S.39/2021.-In exercise of the powers conferred by proviso to sub-section (1) of section 39 read with proviso to sub-section (7) of section 39 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017) (hereafter in this notification referred to as the said Act) and all other powers enabling him in this behalf, the Governor of Punjab, on the recommendations of the Council, is pleased to notify the registered persons, other than a person referred to in section 14 of the Integrated Goods and Services Tax Act, 2017(Central Act.13 of 2017), having an aggregate turnover of up to five crore rupees in the preceding financial year, and who have opted to furnish a return for every quarter, under subrule (1) of rule 61A of the Punjab Goods and Services Tax Rules, 2017 (hereafter in this notification referred to as the said rules) as the class of persons who shall, subject to the following conditions and restrictions, furnish a return for every quarter from January, 2021 onwards, and pay the tax due every month in accordance with the proviso to sub-section (7) of section 39 of the said Act, namely: —

(i) the return for the preceding month, as due on the date of exercising such option, has been furnished:

(ii) where such option has been exercised once, they shall continue to furnish the return as per the selected option for future tax periods, unless they revise the same.

(2) A registered person whose aggregate turnover crosses five crore rupees during a quarter in a financial year shall not be eligible for furnishing of return on quarterly basis from the first month of the succeeding quarter.

(3) For the registered person falling in the class specified in column (2) of the Table below, who have furnished the return for the tax period October, 2020 on or before 30th November, 2020, it shall be deemed that they have opted under sub-rule (1) of rule 61A of the said rules for the monthly or quarterly 33 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) furnishing of return as mentioned in column (3) of the said Table:- Table Sl. No. Class of registered person Deemed Option

(1) (2) (3)

1. Registered persons having aggregate turnover of Quarterly return up to 1.5 crore rupees, who have furnished FORM GSTR-1 on quarterly basis in the current financial year

2. Registered persons having aggregate turnover of Monthly return up to 1.5 crore rupees, who have furnished FORM GSTR-1 on monthly basis in the current financial year

3. Registered persons having aggregate turnover more Quarterly return than 1.5 crore rupees and up to 5 crore rupees in the preceding financial year

(4) The registered persons referred to in column (2) of the said Table, may change the default option electronically, on the common portal, during the period from the 5th day of December, 2020 to the 31st day of January, 2021.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 34 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-I BRANCH) NOTIFICATION The 11th January, 2021 No. S.O. 07/P.A.5/2017/S.99/2021.-In exercise of the powers conferred by section 99 of the Punjab Goods and Services Tax Act, 2017 (Punjab Act No. 5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following amendment in Government of Punjab, Department of Excise and Taxation, Notification No.

S.O.70/P.A.5/2017/S.99/2018, dated the 14th May, 2018, namely:- AMENDMENT In the said notification, for serial numbers (i) and (ii), the following shall be substituted, namely:-

(i) Sh. Suresh Krishnani, IRS, Chief Commissioner of Central Tax; and

(ii) Sh. Nilkanth S.Avhad, IAS, Commissioner of State Tax, Punjab.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 35 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF EXCISE AND TAXATION (EXCISE AND TAXATION-II BRANCH) NOTIFICATION The 8th January, 2021 No. S.O. 08/P.A.5/2017/Ss. 9, 11, 15 and 148/2021.- In exercise of the powers conferred by sub- sections (3) and (4) of section 9, sub-section (1) of section 11, sub-section

(5) of section 15 and section 148 of the Punjab Goods and Services Tax, 2017 (Punjab Act.

No. 5 of 2017), and all other powers enabling him in this behalf, the Governor of Punjab, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council, is pleased to make the following amendment in the Government of Punjab, Department of Excise and Taxation, Notification No. 37/P.A5/2017/S.11/2017, dated the 30th June, 2017, published in the Punjab Government Gazette, (Extraordinary) dated the 30th June, 2017, namely :- AMENDMENT In the said notification, in the Table, against serial number 41, -

(a) in column (3), for the figure "50", at both the places where they occur, the figure "20" shall be substituted: and

(b) for the entry in column (5), the following entries shall be substituted, namely:-

(5) "Provided that the leased plots shall be used for the purpose for which they are allotted, that is, for industrial or financial activity in an industrial of financial business area:

Provided further that the State Government concerned shall monitor and enforce the above condition as per the order issued by the State Government in this regard:

Provided further that in case of any violation or subsequent change of land use, due to any reason whatsoever, the original lessor, original lessee as well as any subsequent lessee or buyer or owner shall be jointly and severally liable to pay such amount of state tax, as would have been payable on the upfront amount charged for the long term lease of the plots but for the exemption contained herein, along with the applicable interest and penalty:

Provided further that the lease agreement entered into by the original lessor with the original lessee or subsequent lessee, or sub- lessee, as well as any subsequent lease or sale agreements, for lease or sale of such plots to subsequent lessees or buyers or owners shall incorporate in the terms and conditions, the fact that the state tax was exempted on the long term lease of the plots by the original lessor to the original lessee subject to above condition and that the parties to the said agreements undertake to comply with the same.".

37 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

2. This notification shall be deemed to have come into force on and with effect from the 1st day of January, 2020.

A. VENU PRASAD, Additional Chief Secretary Taxation to Government of Punjab, Department of Excise and Taxation.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 38 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 39

PART III GOVERNMENT OF PUNJAB DEPARTMENT OF AGRICULTURE AND FARMERS’ WELFARE (Agriculture-4 Branch) NOTIFICATION The 11th January, 2021 No. G.S.R. 05/Const./Art.309/Amd.(2)/2021.- 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 Governor of Punjab is pleased to make the following rules, further to amend the Punjab Horticulture (Group A ) Service Rules, 2015, namely:- RULES

1. (1) These rules may be called the Punjab Horticulture (Group A) (Amendment) Service Rules, 2021.

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

2. In the Punjab Horticulture (Group-A) Service Rules, 2015 (hereinafter referred to as the said rules), for rule 7, the following rule shall be substituted, namely:- " 7. Discipline, punishment and appeals.-(1) In the matters of discipline, punishment and appeal, 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 member of Service against an order as specified in rule 15 of the aforesaid rules shall be as per Appendix 'B-1'."

3. In the said rules, for Appendix ‘A’, the following Appendix shall be substituted, namely:- PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX ‘A’ (See rules 1(3), 3 and 5) Serial Designation of the post Number of posts Scale of pay No. Perma- Tempo- Total with Grade Pay nent rary (in Rupees) Horticulture Wing

1. Director of Horticulture 01 - 01 37400-67000+10000

2. Joint Director of Horticulture/ 02 - 02 37400-67000+8700 Joint Director of Horticulture (Vegetable)

3. Deputy Director of 19 - 19 15600-39100+7600 Horticulture/ Deputy Director of Horticulture (Protected Cultivation)/ Deputy Director of Horticulture (Market Intelligence and Information)

4. Assistant Director of 26 - 26 15600-39100+6600 Horticulture/ Assistant Director of Horticulture (Protected Cultivation)/Assistant Director of Horticulture (Market Intelligence and Information)

5. Horticulture Development 206 - 206 15600-39100+5400 Officer/ Horticulture Development Officer (Protected Cultivation)/ Horticulture Development Officer (Biotechnology)/ Horticulture Development Officer (Bee -keeping)/ Horticulture Development Officer (Marketing Intelligence 40 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) and Information)/ Horticulture Development Officer (Aeroponics)/ Horticulture Development Officer (Nursery Production)/ Horticulture Development Officer (Citrus Production and Training)/ Horticulture Development Officer (Post Harvest Management)/ Horticulture Development Officer (Mushroom)

6. Horticulture Development 09 - 09 15600-39100+5400 Officer (Entomology)

7. Horticulture Development 07 - 07 15600-39100+5400 Officer (Pathology)

8. Horticulture Development 04 - 04 15600-39100+5400 Officer (Soil)

9. Superintendent Grade-I 01 - 01 15600-39100+5400 (Head Office) Sericulture Wing

10. Divisional Sericulture Officer/ 02 - 02 10300-34800+5000 Sericulture Officer Assistant Controller (Finance and Accounts)

11. Assistant Controller (Finance 01 - 01 15600-39100+5400".

and Accounts) on deputation

4. In the said rules, for Appendix ‘B’, the following Appendix shall be substituted, namely:- 41 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX 'B' (See rule 6) Serial Designation Percentage for Method of recruitment, qualifications No. of the post appointment by and experience for appointment by Direct Promo- Direct Promotion Depuappoint- tion Appoint- tation ment ment Horticulture Wing

1. Director of - Hundred - From amongst the __ Horticulture percent Joint Director of Horticulture/ Joint Director of Horticulture (Vegetable) on the basis of merit-cum-seniority, who have an experience of working as such for minimum period of two years.

2. Joint Director - Hundred - From amongst the -- of Horticulture/ percent Deputy Directors Joint Director of Horticulture/ of Horticulture Deputy Directors (Vegetable) of Horticulture (Protected Cultivation)/ Deputy Directors of Horticulture (Market Intelligence and Information), who 42 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) have an experience of working as such for a minimum period of two years.

3. Deputy - Hundred (i) Should From amongst the -- Director of Percent possess Assistant Directors Horticulture/ First Class of Horticulture/ Deputy Degree in Assistant Directors Director of M.Sc. in of Horticulture, Horticulture Horticult- (Protected (Protected ure from Cultivation)/ Cultivation)/ recognized Assistant Directors Deputy university of Horticulture Director of or (Market Horticulture Institution; Intelligence and (Market and Information), Intelligence (ii) Should who have an and have an experience of Information) experience working as such of work for a minimum relating to period of two Horticult- years.

ure Extension and Horticulture Development for the particular crop for a minimum period of ten years.

43 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

4. Assistant -- Hundred -- Director of percent Horticulture / Assistant Director of Horticulture (Protected Cultivation)/ Assistant Director of Horticulture (Market Intelligence and Information)

(i) Should possess First Class Degree in M.Sc. in Horticulture from recognized university or institutions;

and

(ii)Should have an experience of work relating to Horticulture Extension and Horticulture Development for the particular crop for a minimum period of eight years.

From amongst the Horticulture Development Officers/ Horticulture Development Officers (Entomology)/ Horticulture Development Officers (Pathology)/ Horticulture Development Officers(Soil)/ Horticulture Development Officers (Protected Cultivation)/ Horticulture Development Officers (Biotechnology)/ Horticulture Development Officers (Bee keeping)/ Horticulture Development Officers (Marketing Intelligence and Information)/ Horticulture Development Officers 44 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

5. Hundred - -- -- percent (Aeroponics)/ Horticulture Development Officers (Nursery Production)/ Horticulture Development Officers (Citrus Production and Training)/ Horticulture Development Officers (Post Harvest Management)/ Horticulture Development Officers (Mushroom), who have an experience of working as such for a minimum period of six years.

Horticulture Development Officer/ Horticulture Development Officer (Protected Cultivation)/ Horticulture Development Officer

(i) Should possess a degree in B.Sc.

Agriculture (Minimum 50% marks) with Horticulture as an 45 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) (Biotechnology)/ Horticulture Development Officer (Bee - keeping)/ Horticulture Development Officer (Marketing Intelligence and Information)/ Horticulture Development Officer (Aeroponics)/ Horticulture Development Officer (Nursery Production)/ Horticulture Development Officer (Citrus Production and Training)/ Horticulture Development Officer (Post Harvest Management)/ Horticulture Development Officer (Mushroom) elective subject/ B.Sc.

Horticulture from a recognized university or institution;

(ii) Should possess a degree in M.Sc.

Horticulture from a recognized university or institution;

and

(iii) Should have passed Punjabi up to Matriculation standard.

46 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

6. Horticulture Hundred - - -- Development percent Officer (Entomology)

7. Horticulture Hundred - -- -- Development percent Officer (Pathology)

(i) Should possess a degree in B.Sc.

Agriculture/ Horticulture (Minimum 50% marks) from a recognized university or institution;

(ii) Should possess a degree in M.Sc.

Entomology from a recognized university or institution;

and

(iii) Should have passed Punjabi up to Matriculation standard.

(i) Should possess a degree in B.Sc.

Agriculture/ Horticult- 47 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

8. Horticulture Hundred - -- -- Development percent Officer (Soil) ure (Minimum 50% marks) from a recognized university or institution;

(ii) Should possess a degree in M.Sc.

Plant Pathology from a recognized university or institution;

and

(iii) Should have passed Punjabi up to Matriculation standard.

(i) Should possess a degree in B.Sc.

Agriculture/ Horticulture (Minimum 50% marks) from a recognized 48 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

9. Superintendent - Hundred - -- Grade-1 (Head percent Office) Sericulture Wing

10. Divisional Fifty Fifty -- Sericulture percent percent Officer/ University or institution;

(ii) Should possess a degree in M.Sc. Soil from a recognized university or institution;

and

(iii) Should have passed Punjabi up to Matriculation standard.

From amongst the Superintendent Grade-II of Head Office cadre working under the control of the Director, who have an experience of working as such for a minimum period of two years.

Should possess a degree of From amongst Superintendent Sericulture 49 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) Sericulture Officer M.Sc in Zoology or M.Sc in Botany/ Entomology or Agriculture from a recognized university or institution and one year training in Sericulture from any of the following recognized institutes with one year experience in sericulture operation :-

(a) Central Sericulture Research and Training Institute, Mysore (Karnataka);

(b) Central Sericulture (Experiment and Tests)/Silk Seed Production Officer working under the control of the Director who possess a degree in B.Sc. from a recognized university or institution with Botany, Zoology or Agriculture subjects and who have an experience of working as such for a minimum period of four years.

50 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) Research and Training Institute, Berhampore (West Bengal);

(c) Central Sericulture Research and Training Institute, Madivala, Banglore (Karnataka) Or Should possess a B.Sc.

Degree in Agriculture or B.Sc. in Entomology or B.Sc. in Botany or B.Sc. in Zoology in Second class from a recognized university or institution and five years experience in 51 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) Assistant Controller (Finance and Accounts)

11. Assistant - - - - Hundred Controller percent (Finance and by Accounts) deputation from the Department of Finance."

5. In the said rules, after Appendix 'B', the following Appendix shall be inserted, namely:- sericulture operation or one year training in Sericulture from any of the Institutes mentioned above and two years experience in sericulture operation.

52 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) "APPENDIX ‘B-1’ (See rule 7) Serial Designation of Nature of Penalty* Authority Appellate No. the post or Order @ empowered to Authority impose penalty or pass order 1 2 3 4 5 Horticulture Wing

1. Director of Minor Penalties Secretary Chief Minister Horticulture Major Penalties Incharge Punjab

2. Joint Director Minor Penalties of Horticulture (i) Censure ;

3. Deputy Director of Horticulture

4. Assistant Director (ii) withholding Secretary Agriculture of Horticulture of his promotion ; Incharge Minister

5. Horticulture Development officer

6. Horticulture Development officer (Entomology)

7. Horticulture Development officer (Pathology)

8. Horticulture Development Officer (Soil)

(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 53 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA)

9. Superintendent Grade-1 without commutative effect.

Major Penalties

(v) withholding of increments of pay with cumulative effect or 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 54 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) 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 form 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.

55 PUNJAB GOVT. GAZ. (EXTRA), JANUARY 12, 2021 (PAUSA 22, 1942 SAKA) Sericulture Wing

10. Divisional -do- -do- -do- Sericulture Officer/ Sericulture Officer Assistant Controller (Finance and Accounts) ( On deputation basis)

11. Assistant --- -- On deputation Controller from the (Finance and Department Accounts) of Finance.

*In terms of rule 5 of the Punjab Civil Services (Punishment and Appeal) Rules, 1970.

@In term of rule 15 of the Punjab Civil Services (Punishment and Appeal) Rules,

1970.".

ANIRUDH TEWARI, Additional Chief Secretary (Development), Department of Agriculture and Farmer's Welfare.

2202/1-2021/Pb. Govt. Press, S.A.S. Nagar 56

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