Finance Cadre (Recruitment, Seniority and Promotion) Regulations, 2020: National Highways Authority of India

Finance Cadre (Recruitment, Seniority and Promotion) Regulations, 2020: National Highways Authority of India

MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
(National Highways Authority of India)

NOTIFICATION

New Delhi, the 4th March, 2021

No. 11012/248/2015-Admn. —In exercise of the powers conferred by section 35 read with section 9 of the National Highways Authority of India Act, 1988 (68 of 1988) and in supersession of the National Highways Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996, (amended from time to time) in so far as they relate to the posts of Deputy General Manager (Finance), Manager (Finance and Accounts), Accounts Officer, Junior Accounts Officer and Accountant except as respects to things done or omitted to be done before such supersession, the National Highways Authority of India hereby makes the following regulations, providing for the recruitment, seniority and promotion of Deputy General Manager (Finance and Accounts), Manager (Finance and Accounts), Deputy Manager (Finance and Accounts), Assistant Manager (Finance and Accounts) and Accountant, namely : –

CHAPTER I

PRELIMINARY

1. Short title and commencement.– (1) These regulations may be called the National Highways Authority of India, Finance Cadre [For posts of Deputy General Manager (Finance and Accounts), Manager (Finance and Accounts), Deputy Manager (Finance and Accounts), Assistant Manager (Finance and Accounts) and Accountant] (Recruitment, Seniority and Promotion) Regulations, 2020.

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

2. Application.– These rules shall apply to the posts specified in the Schedule:

Provided that the provisions of these regulations shall not apply to daily rated workers.

3. Definitions.– In these regulations, unless the context otherwise requires:-

(a) “Act” means the National Highways Authority of India Act, 1988 (68 of 1988) ;

(b) “Appointing Authority” in relation to a post or a category of posts means the Authority or any officer or employee of the Authority to whom the powers of making appointment to the said posts or category of posts have been delegated;

(c) “Authority” means the National Highways Authority of India constituted under Section 3 of the Act;

(d) “Chairman” means the Chairman of the Authority;

(e) “Daily rated worker” means a worker appointed by the Authority to attend to casual nature of work for a period not exceeding ninety days at a time;

(f) “Departmental Promotion Committee” means a Committee constituted by the Appointing Authority for judging the suitability of officers and employees of the Authority for considering promotions to higher grade(s)/post(s), as specified in regulation 13;

(g) “Executive Committee” means a Committee comprising Chairman and full-time Members of the Authority;

(h) “National Highway” means a National Highway which has been vested in or entrusted to the Authority by the Central Government;

(i) “Officer or employee” means an officer or employee of the Authority appointed in accordance with the provisions of Chapter-II;

(j) “Schedule” means the Schedule annexed to these regulations;

(k) “Scheduled Castes” and “Scheduled Tribes” have the same meaning as assigned to them in clauses (24)

and (25) of article 366 of the Constitution of India;

(l) “Selection Committee” means a committee constituted by the Chairman/ Appointing Authority to consider selection of officers or employees with composition specified in regulation 11.

CHAPTER II

TERMS AND CONDITIONS OF EMPLOYMENT

4. Classification of posts.– The posts in the Authority mentioned in the Schedule shall be classified as provided under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time and as per the instructions issued there under by the Central Government.

5. Appointment.– (1) The name of the post to which this Chapter applies, its number, classification and level in the pay matrix attached thereto shall be as specified in columns (1) to (4) of the Schedule.

Provided that sanctioned number of posts mentioned in the Schedule may be increased or decreased with the approval of Chairman and such an exercise to review the sanctioned strength shall be undertaken every year and promulgated by an administrative order:

(2) The method of recruitment to the said posts, age-limit, qualifications, and the level from which selection is to be made shall be as specified in columns (5) to (13) of the said Schedule.

(3) Where recruitment is made by the method of direct recruitment through lateral entry and not through absorption, experience gained in National Highways Authority of India shall be given preference in the selection of candidates. The age-limit for direct recruitment specified in column 6 of the Schedule, in the case of an officer or employee who is, or has been, on deputation to National Highways Authority of India and applies for direct recruitment through lateral entry to a post specified in column 1 of the Schedule shall be increased by the number of years such officer or employee has served National Highways Authority of India, subject to the condition that the age- limit so increased shall not be more than fifty-six years of age as on the 1st day of January of the year in which such officer or employee is being considered for direct recruitment through lateral entry.

6. Relaxation.– (1) The upper age-limit specified in column (6) and (11) of the Schedule may be relaxed, in the case of officers and employees by the Chairman as follows:

(2) Where deputation or contract is specified as a mode of recruitment in Column (10) of the Schedule and where the adequate response is not received against the specialised posts, if the Chairman is of the opinion that it is necessary or expedient so to do, he may for the reasons to be recorded in writing, relax the experience required for the post.

7. Maintenance of roster.– For the purpose of determining whether a particular post is to be filled from amongst candidates belonging to the reserved category or general category, a roster shall be maintained in the Authority.

8. Probation.– Every person appointed to a post specified in column (1) of the Schedule by the method of direct recruitment or by promotion shall be on probation for a period of one year, subject to the condition that the provision of probation shall not be applicable, if a person is promoted to a post in the direct channel of a feeder cadre to which he was initially appointed. However, the provision of probation on promotion shall be applicable when the classification of post, i.e. Group of the post changes:

Provided that the Authority or the appointing authority, as the case may be, may extend the period of probation for a further period of six months.

9. Confirmation.– (1) Where a probationer has successfully completed the period of probation or the extended period specified in regulation 8, he shall be confirmed in the post in which he was on probation with the approval of the Appointing Authority.

(2) Where a probationer is declared unfit for the post in which he was on probation after the expiry of the period of probation or the extended period, he shall, if he is having a lien on a lower post, be reverted to that post and if he has no such lien, be discharged.

10. Age of superannuation.– (1) All officers and employees (regular as well as officers and employees appointed on contract) as mentioned in the Schedule shall superannuate from service or cease to be in service (as the case may be) at the age, as applicable to the Central Government employees:

Provided that, the Authority, if it is of the opinion that it is in the public interest so to do, have the absolute right to retire any officer or employee by giving him a notice of not less than three months in writing or three months‘ pay and allowances in lieu of such notice,-

(i) if he is, in Group-A or Group-B service or post, in a substantive, or temporary capacity and had entered into service of the Authority before attaining the age of 35 years, after he has attained the age of 50 years;

(ii) in all other case after he has attained the age of fifty-five years.

(2) An officer or employee, who attains the age of superannuation on any day other than the first day of any calendar month, shall retire on the last day of month in which he completes this age of superannuation.

(3) Subject to the provisions of sub-regulation (2) of regulation 17; an officer or employee may also, if he so desires, and subject to the other terms of appointment to the contrary, if any, retire from service on completion of fifty years of age.

(4) When an officer or employee retires from service either under the proviso to sub-regulation (1) or sub- regulation (3), the Authority may consider grant of compensation on such scale and terms as may be determined by it from time to time. The Authority while determining the terms shall take into account all relevant factors including the balance of service left to a retiring employee.

11. Composition of the Selection Committees in the case of selection of candidates.- (1) In the case of selection of candidates, the composition of the Selection Committee shall be as under,-

(2) The Appointing Authority may co-opt one outside expert from the relevant field, if deemed necessary, for any of the Selection Committee.

(3) The recommendations of the Selection Committee will be valid if the quorum of the Committee is 75% or more.

12. Advertisement of vacancies.– (1) The vacancies mentioned for the posts in Schedule in the Authority to be filled up by promotion up to the level of Manager in the pay matrix of Rs.67700-208700 (level 11) and equivalent level shall be filled through Departmental Promotion Committee procedure as per Regulation 13.

(2) The other vacancies, for the posts mentioned in the Schedule, in the Authority shall be circulated among eligible Officers, and employees and in addition notified in the following manner, namely:-

(a) a detailed advertisement shall be hosted on the website of the Authority; and

(b) an indicative advertisement of the size not less than 8×6 cm shall be published in one Hindi, one English daily newspaper and the Employment News.

(3) On receipt of applications or nomination from applicants or Government, including applications from eligible officers and employees, as the case may be, the same shall be got screened through the Screening Committee to be constituted by the Appointing Authority, which shall comprise of three officers (one officer who shall be at least one level above the level of the post advertised, second from HR/Administration Division and one more officer) and the Screening Committee shall screen the applications with respect to the eligibility criteria specified for the post in these regulations and recommend the eligible candidates for consideration of the Selection Committee for final selection on the basis of written test or interview or both or as decided by the Selection Committee.

(4) The Selection Committee shall prepare a panel of candidates in order of merit, which shall be restricted to the number of vacancies. However, a reserve list may or may not be made for contingencies. The reserve list will become non-operational in case the empanelled candidates have joined the Authority. Any new vacancy created during the validity of the panel will not be filled by the reserve list of the candidates, except for the vacancies created due to superannuation. The panel of selected candidates shall remain operative for one year, which may be further extended for a maximum period of six months, if deemed necessary.

(5) The crucial date for determination of eligibility for posts to be filled on direct recruitment or recruitment through lateral entry or deputation or contract basis shall be the last date prescribed for the receipt of applications.

(6) In case of selection of officers at the level of Deputy General Manager (Finance and Accounts), Manager (Finance and Accounts), Deputy Manager (Finance and Accounts), Assistant Manager (Finance and Accounts) and Accountant by direct recruitment or recruitment through lateral entry, the Authority may conduct selection through the Union Public Service Commission or any other recruiting agency under the Government of India:

Provided that the provisions contained in Regulation 11 and 12 (1) to 12 (3) shall be dispensed with in case of selection through Union Public Service Commission or any other recruiting agency under the Government of India, which may follow their own laid down procedure, which shall provide for reservation for Scheduled Castes / Scheduled Tribes / Other Backward Classes and any other special categories of persons in accordance with the orders issued by the Central Government from time to time.

(7) In case of selection of officers belonging to the Central / State Government Departments and Central / State Public Sector Undertakings, who carry the similar level in pay matrix in Central Dearness Allowance pattern as applicable to Central Government employees and possess the requisite qualification and experience prescribed for the posts, the requirement to advertise the vacancies and screening of applications through the Screening Committee shall be dispensed with.

13. Departmental Promotion Committee (D.P.C.).- (1) There shall be Departmental Promotion Committee(s) for selection of candidates by promotion for the posts upto the level of Manager (Finance and Accounts) in the pay matrix of Rupees 67700-208700 (level-11) in the Authority and the composition of the Departmental Promotion Committee(s) shall be same as specified in regulation (11).

(2) The DPC shall meet once in every year in the month of January. The vacancies as on 1st day of January each year shall be considered by DPC for considering promotion.

(3) The date for determining the eligibility of Officers or employees for promotion shall be the first day of January of the year in which the Officer or Employee is being considered for promotion.

(4) The DPC should assess the suitability of officers or employees for promotion on the basis of their Service Records and with particular reference to the Annual Performance Appraisal Reports (APARs) or Confidential Report (CRs) for five preceding financial years . If one or more APARs or CRs have not been written for any reason during the relevant period, the DPC should consider the APARs or CRs of the years preceding the period in question.

(5) The DPC shall determine the merit of those being assessed for promotion with reference to the following benchmark and accordingly grade the Officer or employee as “fit” or “unfit” only.-

For promotion to the posts having scale in the pay : “Good”.

matrix of Rupees 67700-208700 (level-11)

(6) Only those Officers or employees who are graded “fit” (i.e. who meet the prescribed benchmark) by the DPC shall be included and arranged in the select panel in order of their inter-se-seniority in the feeder grade. Those Officers

or employees who are graded “unfit” (in terms of prescribed benchmark) by the DPC shall not be included in the select panel. Thus there shall be no supersession in promotion among those who are graded “fit” (in terms of the prescribed benchmark) by the DPC.

(7) The proceedings of the DPC shall be legally valid and shall be acted upon notwithstanding the absence of any of its members other than the Presiding Officer:

Provided that the member was duly invited but he knowingly absented himself for one reason or the other and there was no deliberate attempt to exclude him from the deliberation of the DPC:

Provided further that the majority of the members constituting the DPC are present in the meeting.

(8) The recommendations of the DPC should be duly approved by the Appointing Authority and a clearance from the Vigilance Division of the Authority shall also be obtained before making promotion.

(9) The panel of selected candidates shall remain operative for one year from the date of approval of the Appointing Authority.

(10) Action on issues which are not specifically covered in above sub regulations shall be taken as per guidelines or instructions issued by the Central Government in this regard from time to time.

14. Appointment on Contract.- (1) Chairman may engage officers on “Contract basis” where the age of

superannuation in their parent department is less than the age of superannuation prescribed in Central Government: Provided that such officer has completed at least 2 years continuous service on deputation with the Authority.

(2) The period for which such Officers could be engaged on “Contract basis” would be initially one

year and may be extended on yearly basis or curtailed subject to satisfactory performance:

Provided that the period of such engagement shall not be more than three years or shall not go beyond the date of superannuation prescribed by the Central Government, whichever is earlier.

15. Disqualifications.– (1) No person.-

(a) who has entered into or contracted a marriage having a spouse living; or

(b) who having a spouse living has entered into or contracted a marriage with any person, shall be eligible for appointment to any post or grade:

Provided that the Chairman may, if he is satisfied that such marriage is permissible under the personal law of such person and the other party to the marriage and there are other grounds for so doing, exempt such person from the operation of this sub-regulation.

(2) No application for any post in the Authority shall be entertained unless the applicant is a citizen of India or a subject of Nepal or Bhutan.

(3) Any person who directly or indirectly attempts to influence any member of the Selection Committee or any other officer of the Authority or suppresses any material fact in relation to his candidature or provides any false statement or particulars shall be liable to be disqualified for selection to any post or grade.

16 Termination.– (1) The Authority may terminate the services of any Officer or employee by giving him three months notice in writing or by paying him three months emoluments in lieu thereof. Where services of such officer or employee have not been confirmed and where such officer or employee is on probation, by giving him one month‘s notice in writing or by paying one month‘s emoluments in lieu thereof.

(2) An officer or employee may resign, leave or discontinue from the service of the Authority by giving three

months‘ notice in writing of his intention to resign, leave or discontinue the service of the Authority:

Provided that the Authority may, in its discretion, dispense with the requirement of giving three months‘ notice or

reduce the period in appropriate cases.

17. Seniority.– (1) There shall be separate categories of post-wise seniority list for all posts in different disciplines.

(2) In case of selection of officers or employees by direct recruitment or direct recruitment through lateral entry, their seniority shall be in the order in which they are recommended by the Selection Committee.

(3) The seniority of other officers and employees of the Authority shall be determined on the basis of the instructions and guidelines issued by the Central Government (Department of Personnel and Training), from time to time.

(4) A copy of the respective seniority list shall be supplied to each officer and employee.

(5) In case of any dispute regarding inter-se seniority of officers in the respective seniority list, the decision of the Chairman shall be final.

18. Saving.– Nothing in this Chapter shall, affect reservation, relaxation of age-limit and other concessions required to be provided for candidates belonging to the Schedule Castes, Scheduled Tribes, Other Backward Classes, Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

19. Conduct and Discipline.- The provisions of the Central Civil Services (Conduct) Rules, 1964 and the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time, shall be applicable to the officers and employees, as specified in the Schedule, of the Authority in the matter of conduct and discipline:

Provided that in case of matters governed by the Central Civil Services (Classification, Control and Appeal) Rules, 1965 the disciplinary authority, the appellate authority and reviewing authority shall be as follows:-

20. Residuary matters.– In regard to matters not specifically covered by regulations made under section 35 of the Act or any general, or special orders made or issued thereunder, the service conditions of the officers and employees of Authority shall be governed by the rules applicable to the employees of the Central Government in general and instructions issued by the Central Government, from time to time.

SCHEDULE

ALOK, Member (Administration)

[ADVT./III/4/Exty./526/2020-21]

Source: Notification Hindi/English