5 - Haryana Municipal Safai Mazdoor Service Rules, 1976
5 - Haryana Municipal Safai Mazdoor Service Rules, 1976
5 - Haryana Municipal Safai Mazdoor Service Rules, 1976
Published vide Haryana Government Notification No. GSR83/HA 24/7/Ss 40 & 257/76, dated 9.4.76
1. Short title – (l) These rules may be called the Haryana Municipal Safai Mazdoor Service Rules,
1976.
(2) They shall apply to all the municipalities.
4. Appointing Authority :- Appointments to the posts in the Service shall be made by [Executive
Officer, Secretary or the Administrator, as the case may be].
7. Probation :- (l) Persons appointed to be posts in the Service shall remain on probation for a period
of one year.
(2) If, in the opinion of the appointing authority, the work or conduct of a person during the
period of probation is not satisfactory, it may;-
(a) If such person is appointed by direct recruitment, dispense with this services;
or
(b) if such person is appointed by transfer, deal with him in such manner as the terms and
conditions of the previous appointment permit.
(3) On the completion of probation of a person, the appointing, authority may,-
(a) if his work or conduct has, in his opinion, been satisfactory-
i) confirm such person from the date of his appointment, if appointed against a
permanent vacancy; or
ii) confirm such person from the date from which a permanent vacancy occurs, if
appointed against a temporary vacancy;
iii) declare that he has completed his probation satisfactorily, if there is no permanent
vacancy; or
(c) if his work and conduct has, in its opinion, been not satisfactory –
ii) deal with him in such other manner as the terms and conditions of his
previous appointment permit; or
iii) extend his period of probation and thereafter pass such orders as it could have
passed on the expiry of the first period of probation:
Provided that the total period of probation including extension, if any, shall not exceed two
years.
8. Seniority inter se. – (1) Seniority inter se of members of the Service shall be determined by the
length of continuous service on a post in the service:
Provided that in the case of two or more members appointed on the same day, the seniority
shall be determined as follows –
(a) a member appointed by direct recruitment shall be senior to a member appointed by
transfer;
(b) in the case of members appointed by transfer, seniority shall be determined according to
the seniority of such members in the appointments from which they were transferred;
(c) in the case of members appointed by transfer from different local bodies, their seniority
shall be determined according to pay, preference being given to a member, who was
drawing higher rate pay in this previous appointment, and if the rates of pay drawing are
also the same, then by length of their service in the previous appointment, and if the
length of such service is also the same the elder member shall be senior to the younger
member.
(2) Every committee shall maintain printed seniority list which shall be brought upto date once
a year and circulated to the members of the Service.
[9. Promotion – The member of the Service appointed against permanent posts having the
knowledge of Hindi shall be eligible for promotion to the post of Head Sweeper / Sanitation Mates /
Daroga – Sanitation / Conservatory Mates / Sanitary Petrol / Jamadar / Sanitation Jamadar / Sanitary
Orderlies (Jamadar) on the basis of seniority cum merit. ]
12. Retirement – A member of the Service shall stand retired on completion of the age of sixty years
: Provided that a member of the Service may be re-employed after his retirement for a period of one
year at a time if he continues to be fit for service, but no such member shall be retained after the age
of 62 years.
13. Part-time employment – No committee shall employ part time Safai Mazdoors unless there are
special reasons for doing so and previous approval to that effect has been obtained from the Deputy
Commissioner. The Safai Mazdoors so employed shall be entitled to such remuneration as may, from
time to time, be specified by the Deputy Commissioner.
14. Pay and allowances and method of payment – The members of the Service shall be entitled
to such pay and allowances as may, from time to time, be admissible to the Safai Mazdoors in the
Service of the State Government. The procedure for payment of pay and allowances shall be as laid
down in Appendix I to these rules.
15. Leave. – (1) Every member of the service shall be entitled to such leave as is admissible to an
official of Class IV service under the Revised Leave Rules, 1936, as continued in Section III of Chapter
VIII of the Punjab Civil Service Rules, Volume I, Part I, as applicable to the State of Haryana.
16. Maternity allowance. – Every female Safai Mazdoor shall, for the first two children, be paid a
maternity allowance at the rate of fifty rupees per delivery.
(i) State Government under the Negotiable Instruments Acts, 1881, and
(ii) Deputy Commissioner on account of special festivals of the community.
(2) Notwithstanding anything contained in sub-section (1), any member of the Service may be
required to work on a holiday on payment of additional wage at the rate of single time his wage
for a day.
18. Compensation. – The member of the Service shall entitled to workmen’s compensation as
provided under the Workmen’s Compensation Act, 1923.
[19. Allowances.- The member of the Service who work exclusively as scavengers. The members,
who are required to keep a Jhota and those who are required to keep a donkey, shall be paid an
allowance at the rate fixed by the Government from time to time]
20. Gratuity. – (1) Every member of the Service shall be entitled to gratuity equivalent to half
month’s [salary] for each completed year of service as follows ;-
(i) in case of his death while in service or on his becoming incapable of serving due to physical
or mental disability;
(ii) in case of his resignation after having put in twenty years continuous service or in case of
his resignation due to his becoming unfit to serve further on account of old age or protracted illness;
(iii) in case of termination of his services a committee for reasons other than misconduct,
including retirement on attaining the age of superannuation, after he has put in five years’ service.
(2) In case of termination of the service of a member by a committee for misconduct after he
has put in five years’ service, the gratuity payable will be one-fourth of one month’s [salary] for each
completed year of service:
Provided that in the case of termination of his service on account of misconduct involving
financial loss to a committee, the committee shall be entitled to set off the above loss against the
amount of gratuity payable to a member.
(3) The maximum amount of gratuity payable under sub-rule (1) or sub-rule (2) not exceed
[twenty month’s] [……] salary.
(4) The benefit to gratuity shall be available from the date of continuous service in a
municipality.
(5) The verification of claim in respect of the amount of gratuity payable to an employee shall
be made by the Examiner, Local Fund Accounts, Haryana.
(6) In case of nomination in respect of the provident fund of a member, the procedure
prescribed in the relevant rule of the Municipal Account Code as applicable to the State of Haryana in
relation to provident fund shall be adopted.
[Explanation. – For the purpose of determining the amount of gratuity the term salary shall mean
and include basic pay and other allowances which are classes as pay in the Municipal Account Code,
1930, and is counted for the purpose of calculation Contributory Provident Fund.
[20-A. Pension – Every member of the Service shall be entitled to pension as per provisions
contained in the Haryana Municipal Employees Pension and General Provident Fund Rules, 1993.]
1. Substituted by Haryana Government Notification No. GSR72/HA24/73/s.257 and 40/96 dated 23.08.1996.
2. Substituted for “consolidated pay” vide HG No GSR87/HA24/73/S.40 and 257 and (2)/79 dated 10.08.79.
3. Substituted for “Consolidated wages” by ibid.
4. Word “consolidated” deleted vide ibid.
5. Explanation to rule 20(6) added vide GSR 87/…Amd. (2)/79, dated 10.08.79
Haryana Municipal Safai Mazdoor Service Rules, 1976, Rule 20-A 768
21. Appliance. – Every member of the Service shall be provided free of cost with such appliances as
may be necessary for the due performance of his duties. The life of such appliances shall be
determined and it shall be the duty of the Sanitary Inspector of a committee to ensure that each
member has adequate appliances to enable him to perform his duties efficiently.
Note. – The appliances required shall generally be Bucket, Tasla, Basket, Kassi, Large handled broom, Scruppers, wheel-barrows,
etc. Dark glasses shall be provided to those members who are required to work on dumping pits on trolleys for carrying night soil
etc.
22. Uniforms. –(1) The members of the Service shall be entitled to free supply of uniforms at the
scale given in Appendix II.
(2) In addition to uniforms referred to in sub-rule (1) raincoats or Barsatis, gloves,
headgear shall be provided to those members who are required to work during rains on
dumping grounds, under – grounds sewerage etc.
Note. (1) Summer uniform shall be provided before the 15 th of April every year and winter uniform before the 15 th of November
every year.
(2) A washing allowance of two rupees per month shall be given to those employees who are given uniforms.
23. Duties. – The member of the Service shall perform the following duties namely :-
(a) sweeping of public roads and other public places;
(b) removal of night soil;
(c) removal of household refuse;
(d) incineration or disposal of night soil and other refuse;
(e) cleaning of public latrines and urinals and other public places;
(f) removal of animals’ carcasses;
(g) washing of drains, streets, latrines and other public places;
(h) lighting of fireplaces;
(i) other similar duties as may be assigned.
24. Area to be served. – (1) No member of the Service shall be allotted more than three furlongs
(600.70 meters) of puccs road, street or bazar length or one quarter of mile (400.40 meters) of
kutcha road, kutcha street or kutcha bazar to clean. If appointed on cleaning drainage, his beat shall
not be more than three furlongs (600.60 meters) of drain length or intramural drain and not more
than two furlongs (400.40 meters) of intercepting drain and not more than a furlong (200.20 meters)
of a sewer.
When employed to clean premises there should be one member of the Service for not more
than two hundred inhabitants if the premises are contiguous and for not more than one hundred
inhabitants, if the premises are situated far apart; provided that total walking distance from premises
to premises by the shortest available route does not exceed 1-1/2 miles (2.40 kilometers ). If a
member of the Service is employed for removal of rubbish the load to be carried in one trip shall not
exceed twenty seers (11.662 Kilograms) and the total beat shall not exceed two miles (3.20
Kilometres)
(2) The above areas shall be subject to the condition that the width of road, street or
bazar, to be cleaned does not exceed twenty feet (6.06 meters):
Provided that if the width of a road exceeds twenty feet (6.06 meters) the area shall be
reduced proportionately.
(3) While fixing areas, special allowance shall be given in case of congested areas like
grain markets, vegetable markets etc.
25. Weekly working hours. – (1) No member of the Service shall be required or allowed to work for
more than the hours laid down below:-
(i) for scavenging work per day, five hours;
(ii) both scavenging and sweeping per day, Four hours on scavenging and two hours on
sweeping.
(iii) sweeping hours per day, seven hours.
(2) The work shall be taken in one continuous session in the morning with a rest for half an hour after
a continuous period of work of four hours for sweeping and three hours for scavenging.
26. Penalties:- (1) The authorities specified in column 3 of Appendix III shall be competent to
impose upon any member of the Service mentioned in column I, such of the penalties as are shown in
column 2 of the Appendix against each.
(2) No member of the Service shall be dismissed or removed until he has been given a
reasonable opportunity of showing cause against the action proposed to be taken against him:
Provided that this sub-rule shall not apply where a person in dismissed or removed on the
ground of conduct which has led to his conviction or, where an authority empowered to dismiss or
remove him is satisfied that for the reasons to be recorded in writing by that authority, it is not
reasonably practicable or expedient to give him an opportunity to show cause.
(3) If any question arises as to whether it is reasonably practicable or expedient to give any
member of the Service, an opportunity of showing cause under sub-rule (2), the decision thereon of
the authority, empowered to dismiss or remove such member, as the case may be, shall be final.
27. Right to appeal. – The members of the Service upon whom any penalty has been imposed by
the authority specified in column 3 of Appendix III shall be entitled to make an appeal to the authority
specified in column 4 of the Appendix against the authority in column 3 thereof.
28. Provident fund. – (1) The members of the Service shall subscribe to the Contributory Provident
Fund in accordance with rules as laid down in this behalf in the Municipal Account Code as applicable
to the State of Haryana.
(2) Notwithstanding anything to the contrary contained in the Municipal Account Code, all
employees after completing one year’s service shall contribute to the Provident Fund.
(3)A statement of annual balance in Provident Fund shall be circulated to every member of the
Service while disbursing his salary in the month of April every year.
(4) The deduction on account of Provident Fund from the salary of the member of the Service
hall be deposited in a Scheduled Bank or a Cooperative Bank recognized by the Government within a
period of seven days of the deduction. In case of default, the committee shall be responsible for
compensating the member for loss of interest to the member concerned.
29. Residential accommodation . - Every member of the service shall be entitled to allotment of a
house for which rent at the rate of ten percent if his emoluments hall be charged or in lieu thereof the
percentage of rent allowed from time to time to the employees of the Government subject to such
terms and conditions as are applicable to Government employees.
30. Creche. – Every committee having population above 50,000 shall endeavor to set up a crèche
for the benefit of children of women members of the Service in case their number exceeds twenty.
31. Preventive measures to safeguard against health hazards. – Every committee shall get an
annual medical check up make of all of the members of the members of the Service to safeguard their
health against diseases to which they are specially prone. In case a member is found suffering from
any serious disease, the committee shall arrange with the Health Department of the Government for
his proper treatment. The committee shall also initate preventive measures to safeguard the health of
the members.
APPENDIX I
MODE OF PAYMENT
(a) Disbursement of salary shall be by wage slip system as laid down in the Minimum Wages Act,
1948.
(b) Disbursement of salaries should be personally supervised by the [Executive Officer, Secretary
or the Administrator, as the case may be]
(c) Disbursement of salaries shall be made before the 7 th day of each month.
(d) In case of termination service/dismissal, retirement etc., of a member of the Service, his dues
hall be paid before his service are actually terminated.
APPENDIX II
SUMMER WINTER
1. Khaki Cotton 1 Every Year Woolen Coat 1 Every two
Shirt or woolen shirt years
2. Khaki Cotton 2 Every Year Woolen Socks 1 Pair every
Salwars year
3. Dyed Dupatas 2 Every Year Woolen Salwar 1 Every two
years
4. Sandals Pair 1 Every Year Woolen Jersey 1 Every year
Ladies Shoes 1 Pair every
two year
[APPENDIX III]
PART III
HARYANA GOVERNMENT
Notification
1. (1) These rules may be called the Haryana Municipal Safai Mazdoor
.Service Rules, 1976.
(2) They shall apply to all the municipalities.
(2) ff, in the opinion of the appointing authority, the work or conduct
of a person during the period of probation is no,1 satisfactory it may,—
Provided that if the width of a road exceeds twenty feet (6.06 metres)
the area shall be reduced proportionately.
(3) While fixing such areas, special allowance shall be given in case of
congested areas like grain markets, vegetable markets, etc.
25. Weekly working hours.—(1) No member of the Service shall be re-
quired or allowed to work for more than the hours laid down below
t (2) The work shall be taken in one continuous session in the morning
with a rest for half an hour after a continuous period of work of four hours
for sweeping and three hours for scavenging.
26. Penalties.—(1) The authorities specified in column 3 of Appendix
III shall be competent to impose upon any member of the Service mentioned
in column I, such of the penalties as are shown in column 2 of the Appendix
against each.
(2) No member of the Service shall be dismissed or removed until he
has been given a reasonable opportunity of showing cause against the
action proposed to be taken against him t
HAAYANA GOVT GAZ., APRIL 13, 1976
(CHTR. 24, 1898 SAKA)
Provided that this sub -rule shall not apply where a person is dismissed
or removed on the ground of conduct which has led to his conviction or where
an authority empowered to dismiss or remove him is satisfied that for the
reasons to be recorded in writing..by that authority , it is not reasonably practi-
cable or expedient to give him an opportunitY to show cause,
.
(3) If any *question ariies. as* to • *whither—it i reaStinablY.fraCtidable or
expedient to give any member of the Service, an *oppoitimity of showing
cause under sub -rule (2), the decision thereon of the authority empowered to
dismiss or remove such Member, as the case May be, shall be final. *
• 28. Provident fund.—(1) The members of the Service htll ubicrib'e -to
the Contributory Provident Fund in accordance with rules as laid • *down' in
this behalf in the Municipal Account Code as applicable to the State of
Haryana.
(2) Notwithstanding anything to the contrary contained in the Municipal
Account Code, all employees after completing one year's service shall con-
tribute to the Provident Fund. .
(3) A statement of annual balance in ProVident".Fund shall be circulated
to every member 'of the Service while disbursing his salary in the month .of
April every year.
(4) The deduction on account of Provident Fund from t.he salary of the
member of the Service shall be deposited in a Scheduled Bank or a Co-operative
Bank recognised by the Government within a period of seven days of the
deduction. In case of default ‘; the committee shall be responsible for com-
pensating the Member for loss of interest to the member concerned.
APPENDIX I
(See rule 14)
MODE.OF PAYMENT
(a) Disbursement of salary shall be by wage slip system as laid down in
the Minimum Wages Act, 1948.
(b) Disbursement Of salaries should be personally supervised by the
Executive Officer or Secretary, as the case may be.
(c) Disbursement of salaries shall be made before the 7th day of each
month.
. (d) In ease of termination of service/dismissal, retirement etc., of a
member of the Service, his dues shall be paid before his services are actually
terminated.
APPENDIX H
(See rule 22)
A. Scale of uniforms. for male members
SUMMER . WINTER
I. Full Sleeves Khaki shirts 21 Khaki Serge Pant:
Once in
) i I I two years
2. Khaki Drill Pants 2 Every Khaki Serge Coats J
1 Year
1
3. Khaki Pugrees , 21 Jersey , 1
4; Chappals pail I) ?- Every
Socks pair I .) year
Shoes one pair once in two years
APPENDIX
• (See rule 26)
1 2 3 4
B. S. M I A ,
Secretary.