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The Uttar Pradesh Labour Welfare Board (Non-Gazetted) Employees Service Rules, 2024

State Rules of Uttar Pradesh · 196514,367 characters of text

The enactment

Long titleNoti. No-7/2024/1910/XXXV1-3--2024-01(Sa)-13-371018
TypeRules
Year1965
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it
Subjectslabour, 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.

(A} 14 Uttar Pradesh Shasan Shram Anubhag-3 In pursuance of the provisions of clause (3) of. Article 348 of the Constitution of India, the Govemor is pleased to order the publication of ‘the following English translation of Notification‘no: g% 7202471910/XXXVI-03:2024- 01(Sa)/13-371018 dated 98 October, 2024 ok Notification No. 0t /2024/[9'0/XXXV]vO3-2024-01(Sa)/13-371018 Lucknow; Dated : (€ October, 2024 WHEREAS the Uttar Pradesh Labour Welfare Board (Non-Gazetted) Employees Service Rules, 2024 which the Governor proposes to-make in exercise of the powers under sub-section (1) of section 25 of the Uttar Pradesh ‘Labour:

Welfare Fund Act, 1965 (U.P. Act no. XIV of 1965) was published -vide Notification no. 278/36-03-2024-01(sa)/13 dated 06 February,2024 inviting objections and suggestions from all persons likely to be affected thereby on or before the expiry of period of forty-five days from the date of publication of the said notification in the Gazette;

AND WHEREAS no objections or suggestions were received from persons likely to be affected thereby, before the expiry of the said period of forty-five days;

NOW, THEREFORE, in exercise of powers under sub-section (1) of s‘:ction 25 of the Uttar Pradesh Labour Welfare Fund Act, 1965 (U.P. Act no. XIV of 1965) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P.

Act no. 1 of 1904), the Governor is pleased to make the following rules, namely:- The Uttar Pradesh Labour Welfare Board (Non-Gazetted) Employees Service Rules, 2024 Short title and|l(1) [These rules may be called the Uttar Pradesh Labour| commencement Welfare Board (Non-Gazetted) Employees Service] | Rules 2024.

(2) [They shall come into force on the date of their final ublication in the official Gazette.

Status of thef2. The Uttar Pradesh Labour Welfare Board (Non-| service Gazetted) Employees Service is a subordinate staff] service which includes Group "C" posts. .

Definitions {3 8 In these rules, unless there is anything repugnant in the subject or context :-

(a) "Appointing Authority" means the Labour Welfare ICommissioner, Uttar Pradesh;

(b) "Board" means the Uttar Pradesh Labour Welfare| Board constituted under sub-section (1) of section 4 off lthe Uttar Pradesh Labour Welfare Fund Act, 1963 (U.P. Act no. X1V of 1965) ;

(c) "Citizen of India" méans a person who is or is deemed to be a citizen of India under Part JI of the Constitution ; :

(d) "Constitution" means the Constitution of India :

(e) "Government"" means the Government of Uttar| Pradesh ;

() "Labour Welfare Commissioner” means the authority| lappointed under section 8 of the Uttar Pradesh Labour 'Welfare Fund Act, 1965 (U.P. Act no. XIV of 1965) ;

(2) "Member of the Service" means a person substantially| lappointed under these rules or the rules or orders in force before the commencement of these rules, to a ost in the cadre of the service ;

(h) "Substantive Appointment” means an appointment, not being an ad-hoc appointment, on a post in the cadre of the service, made after selection in time being by executive instructions issued by thel - Government ;

(i) "Year of recruitment” means a period of twelve months commencing from the first day of July of 4| calendar year.

Cadre of Service A1) The strength of the service and the number of posts of cach category in it shall be such as may be determined from time to time by the Government.

@ [The strength of the Service and the strength of each lcategory of posts therein, unless otherwise ordered under rule (1) to vary the same, are given in Appendix A

Provided that the appointing authority may leave any post unfilled or the Board may hold it in abeyance] accordance with the rules and, if there were no rules| & - lin accordance with the procedure prescribed for the 14 lany vacant post, without thereby entitling any person lto compensation. The Government may from time to time create such additional permanent or temporary lposts as it deems fit.

Source Recruitment |Group S of| 5. Recruitment to various categories of posts in the’ service shall be made from the following sources:- S.N. [Designation JSource of Recruitment/ “lQualification ADirect Recruitment/As per °the qualification prescribed by the Government.

1 Assistant IAccountan 2 |Accountant Promotion/As per the qualification rescribed by the Government.

Reservation 6. Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other Categories shall be in laccordance with the Acts, rules and orders of the Government in force at the time of the recriitment.

Nationality 7. A Candidate for direct recruitment to a post in the service Imust be :- :

(a) a citizen of India; or

(b) a Tibetan refugee who came over to India before the 1si Danuary, 1962 with the intention of permanently setting. ir India; or

(c) a person of Indian origin has migrated from Pakistan Burma, Sri Lanka or any of the East African countries o Kenya, Uganda and the United Republic of Tanzanic (formerly Tanganyika and Zanzibar) with the intention o permanently settling in India :

Provided that a candidate belonging to category (b) or (¢ above must be a person in whose favour a certificate o eligibility has been issued by the Government:

Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police Intelligence Branch, Uttar Pradesh :

Provided also that if a candidate belongs to category (¢ above, no certificate of eligibility will be issued for a period 0 Imore than one year and the retention of such a candidate i1 service beyond a period of one year, shall be subject to hi SR PO R VT [Note- A candidate in whose case a certificate of eligibility is hnecessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may)| also be provisionally appointed subject to the necessary| certificate being obtained by him or issued in his favour.

IAcademic qualification

8. A candidate for direct recruitment to the post of Assistant Accountant in the Service must possess the following qualifications :- i

(i) Bachelor's Degree in Commerce from a University established by law iiy India or a Post Graduate Diploma in Accountancy from a University or Institute recognised by the Government.

(ii) 'O level Diploma in computer operation from an| Institute recognised by the Government.

Preferential lqualification

9. A candidate who :

(i) has served in the Territorial Army for a minimum| period of two years, 3 or

(ii) has obtained a 'B' certificate of National Cadet Corps| shall, other things being equal, be given preference in thej matter of direct recruitment.

Age 10. A candidate for direct recruitment to the post of Assistant |Accountant must have attained the age of 21 years and must lnot have attained the age of more than 40 years on the first day| of July of the calendar year in which recruitment is to be made

Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government froim| time to time shall be greater by such number of years as may [be specified.

Character 11. The character of a candidate for direct recruitment to a post in the service must be such as to render him suitable in all respects for employment in Government Service. Thel lappointing authority shall satisfy itself on this point.

ote- Persons dismissed by the Union Government or a State| Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post 1nj the Service. Person convicted of an offence involving moral turpitude shall also be ineligible. 0] a Marital Status 12. No person -

(a) Who has entered into or contracted a marriage with Iperson having a spouse living, or

(b) Who, having a spouse living, has entered into or contracte:

a marriage with any person shall be eligible for appointment to service :

Provided that the Gcivemment may if satisfied that ther exist special grounds foridoing so, exempt any person from th:

operation of this rule.

Physical fitness 13. No candidate shall be appointed to a post in the servic unless he be in good mental and bodily health and free fron lany physical defect likely to interfere with the efficien performance of his duties. Before a- candidate is finall:

lapproved for appointment, he shall be required to produce :

IMedical Certificate or fitness in accordance with the rule framed under Fundamental rule 10, contained in chapter I1I o the Financial Hand-Book Volume II, Part 111 :

Provided that a medical certificate of fitness shall not bi required from a candidate recruited by promotion.

vacancies Determination ofl14. The appointing authority ‘shall determine the number o vacancies to be filled during the course of the year o recruitment as also the number of vacancies to be reserved fo candidates belonging to Scheduled Castes, Scheduled Tribe:

land other categories under rule 6. The vacancies to be fillef through the Commission shall be intimated to them.

[Promotion {Procedure forj15.(1) The appointing authority shall determine and intimate tc Recruitment andthe Uttar -~ Pradesh Subordinate Services Selectior Commission the number of vacancies to be filled during the course of the year as also the number of vacancies to b reserved for candidates belonging of Scheduled Castes Scheduled Tribes and other categories under rule 6.

(2) For the purpose of promotion on the post of Accountant :

Committee shall be constituted comprising:- (a ) Labour Welfare Commissioner - Chairman (b ) Additional/ Deputy Labour Welfare Commissioner - Member (c ) Any officer belonging to Scheduled Caste not below the rank of class II officer of Labour Commissioner Office- Member (d ) Any officer belonging to Other Backward Caste not below the rank of class 11 officer of Labour Commissioner Office- Member 19 post of Accountant from amongst substantively appointed |Assistant Accountant who have completed three Years service| jas such on the first day of the year of recruitment.

Scale of Pay 16. (1) The scales of pay admissible to person appointed to the] various - categories of post in the service, whether in 3 substantive or officiating capacity or as a temporary measure] shall be such as may be determined by the Government from| time to time. g 2) The Scales of pay ‘at the time of the Commencement of| these rules are given as:follows:

Sr. | Name of Pay Bénd Pay Scale no.

1 2 3 1 Pay Matrics level-5 Assistant Accountant (29,200-92300) 2 R en Gl Pay Matrics level-6 (35,400-1,12,400) Pay during|17. Notwithstanding any provision in the Fundamental Rules| Probation to the contrary, a person on probation, if he is not already in| permanent Government service, shall be allowed his first increment in the time-scale when he has completed one year of| satisfactory service, has passed departmental examination and undergone training, where prescribed, and second increment after two years service when he has completed the probationary period and is also confirmed :

Provided that, if the period of probation is extended on| account of failure to give satisfaction, such extension shall no count for increment unless the appointing authority directs| otherwise. ;

" [Probation 18(1) |A person on substantive appointment to a post in the] service shall be placed on probation in accordance ith the Uttar Pradesh Govemment Servants| [Probation Rules, 2013.

(2) IIf it appears to the appointing authority at any time| [during or at the end of the period of probation of | lextended period of probation, that the probationer has| i not made sufficient use of his opportunities or has| : fotherwise failed to give satisfaction, he may be i Ireverted to his substantive post, if any, and if he does not hold a lien on any post, his services may bgj U0 dispensed with.

(3) IA probationer who is reverted or whose services ar disperised with under sub-rule (2) shall not be entitle lto any compensation.

o8 (4) The appointing authority may allow continuot service, rendered in officiating or temporary capacit in a post included in the cadre or any other equivalel lor higher pdst to:be taken into account for the purpos lof computing the period of probation. E [Confirmation {19. A probationer shall be confirmed in his appointment at th end of the period of probation or the extended period probation if-

(a) his work and conduct should be described satisfactory;

(b) his integrity be certified ;

(c) The appointing authority is satisfied that he otherwise suitable for confirmation.

Seniority 50. The seniority of persons substantively appointed in al category of posts in the Service shall be determined L laccordance with the Uttar Pradesh Government Servar Seniority Rules, 1991, as amended from time to time.

Canvassing 21. No recommendatiens, either written or oral, other th those required under the rules applicable to the post service will be taken into consideration. Any atterny on the part of a candidate to enlist support directly indirectly for his candidature will disqualify him lappointment.

Regulation off22.

other matters In regard to the matters not specifically covered these rules or special orders, persons appointed to service shall be governed by the rules, regulations ¢ orders applicable generally to Government scrva serving in connection with the affairs of the State.

Relaxation from{23.

the conditions of service Where the State Govemment is satisfied that loperation of any rule regulating the conditions service of persons appointed to the service cau undue hardship in any particular case, it m notwithstanding anything contained in the n applicable to the case, by order, dispense with or re b~ cnmiieamante af that mile to such extent and sub ) dealing with the case in a just and equitable manner :

Provided that where a rule has been framed in| consultation with the Commission, that body shall be| consulted before the requirements of the rule arg dispensed with or relaxed.

Saving L 24, Nothing in these rules shall affect reservation and jother concessions required to the provided for the| candidates belonging to the Scheduled Castes, Scheduled Tribes and ‘other special categories of] persons in accordance with the order of the Government issued‘from time to time in this recard.

8 By order,

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