Punjab Ad Hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees Welfare Act, 2016
No: 55 Dated: Dec, 24 2016
The Punjab Ad Hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees Welfare Act, 2016
(Punjab Act No. 55 of 2016)
An Act to provide for the regularisation of services of Group 'A', 'B', 'C' and 'D' employees working on ad hoc, contractual, daily wage, temporary and work charged basis under the State Government or its entities and further to take on contract basis, the out sourced employees working under the State Government or its entities.
Be it enacted by the Legislature of the State of Punjab in the Sixty-seventh Year of the Republic of India as follows: -
1. Short title and commencement. - (1) This Act may be called the Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees' Welfare Act, 2016.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Government" means the Government of the State of Punjab in the Department of Personnel;
(b) "outsourced employee" means an employee taken on the roll of the State Government or its entities through a private manpower agency for performing duties assigned to him from time to time;
(c) "service rules" means all relevant, general and specific rules governing recruitment to the services of the State Government or its entities;
(d) "State Government" means the Government of the State of Punjab in the concerned Department or entity of the State in which the employee is serving; and
(e) "year" means a period of twelve calendar months preceding the date of commencement of this Act.
3. Regularisation of services of Group 'A', 'B' and 'C' employees. - (1) Notwithstanding anything contrary contained in any law, judgement, decree or order of any court, tribunal or any other authority, services of such Group 'A', 'B' and 'C' employees, who are working on ad hoc, contractual, daily wage, temporary or work charged basis under the State Government or its entities for a continuous period of not less than three years preceding the date of coming into force of this Act shall be regularised by the competent authority in such service of the State Government or its entities, subject to the following conditions, namely:-
(a) fulfil the eligibility with regard to minimum and maximum age limit;
(b) possess requisite educational qualification and experience as specified for the post under the service rules at the time of initial appointment;
(c) initial appointment was made by following transparent process;
(d) satisfactory verification of antecedents;
(e) have good character and conduct; and
(f) have not been indicted or undergoing any civil, criminal or departmental proceedings:
Provided that the entities of the State shall consider regularization only if such entity is in a financial position to take the burden of such regularization on its own without transferring any liability to the State exchequer.
(2) During the probation period, the person regularised under this section shall be entitled to draw salary at the minimum of the Pay Band applicable to the post against which his services have been regularised in Group 'A', 'B' or 'C' services, as the case may be, or actual remuneration being received at the time of regularization, whichever is more.