45. Terms and conditions of service of the Chief Executive Officer of the Board.
(1)The appointment to the post of Chief Executive Officer under sub-section (1) of section 23 shall be made by the State Government from a penal of two Muslim Officers suggested by the Board-(a)by appointment of a Government officer; or(b)by transfer on deputation of a Government officer; or(c)by open recruitment which may include an officer retired from the post not below the rank of Deputy Secretary of the Government and not more than 62 years of age; after advertising the post by the Board in one Urdu, Hindi and English language newspapers having circulation in the area if an officer in the categories, as mentioned in sub-section (1) of section 23 is not available(2)To be eligible for appointment to the post of Chief Executive Officer, a candidate:(a)must be a citizen of India;(b)must be a Muslim;(c)must hold a Bachelor's degree of any of the recognized Indian Universities or hold any diploma or degree of any foreign university which in the opinion of the Government is equivalent to, or higher than, the aforesaid Bachelor's degree and ;(d)must have the knowledge of Urdu.(3)Where the Chief Executive Officer is appointed under clause (a) or clause (b) of sub-rule (1), he shall not be below the rank of Deputy Secretary of the Government (or equivalent to Deputy Secretary, if it comes from departmental services).(4)The scale of pay for the post of the Chief Executive Officer and other allowances admissible shall be fixed by the State Government, in consultation with the Board If the person appointed as Chief Executive Officer is an officer in the Government, any Union territory Administration or a local body, he shall be allowed to draw pay in his own pay scale along with other allowances admissible to him in respective Government, Union territory Administration or local body, as the case may be, plus deputation allowance as admissible under the Government rules. The period of deputation shall ordinarily be one year subject to extension upto five years by the State Government in consultation with the Board for a period not exceeding one year at a time.(5)If the person appointed as Chief Executive Officer is an officer who has retired from Government service, he shall draw pay and allowances as fixed by the Himachal Pradesh Waqf Board.(6)Where the Chief Executive Officer is appointed by open recruitment-(a)he shall not be below the age of 35 years;(b)he shall, before entering upon his office, be required to produce a certificate of physical fitness from the Medical Superintendent of the Government hospital;(c)he shall be on probation for a period of one year from the date of his appointment and he may be confirmed on the recommendation of the Board with three fourth majority or his probation period may be extended for another period of one year.(7)The State Government's travelling allowance rules for the time being in force shall apply to the Chief Executive Officer.(8)Periodical increments in the time scale of pay to the Chief Executive Officer shall be sanctioned by the Board.(9)Leave rules applicable to the State Government employees and the rules relating to casual leave applicable to the Board employees shall apply to the Chief Executive Officer. Casual leave-shall be sanctioned by the Chairperson of the Board and leave other than casual leave by the State Government.(10)The date of retirement on superannuation of the holder of the post of Chief Executive Officer shall be the last day of the month on which he completes the age of 58 years or as per the State Government employees.(11)The Chief Executive Officer may relinquish his post after giving one month's notice in writing. Similarly the Board may relieve the Chief Executive Officer after giving him one month's notice:Provided that the Board may extend the date of superannuation beyond the age of 58 years up to the age of 60 years:Provided further that no such, extension shall be given for a period of more than one year at a time and no such extension shall be given after the age of 60 years:Provided further that the notice period can be reduced at the discretion of the Board.(12)The following penalties may, for good and sufficient reasons, be imposed on the Chief Executive Officer by the Board or the State Government, as the case may be, namely:-(a)by the Board-(i)censure;(b)by the State Government-(i)withholding or stoppage of increment;(ii)recovery from pay of the whole or part of any pecuniary loss caused to the Board or to any waqf by negligence or breach of orders;(iii)reduction to lower stage in the time-scale of pay;(iv)compulsory retirement;(v)removal from service which shall not be a disqualification for future employment;(vi)dismissal from service which shall ordinarily be a disqualification for future employment.(13)In the case of penalty by the Board an appeal shall lie, within sixty days of the receipt of the order of punishment, to the State Government and in respect of other penalties by the State Government an appeal shall lie within sixty days to the Central Government. Before awarding any of the penalties mentioned above, the procedure prescribed in the Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall be followed.(14)Service record and personal file in the form prescribed for State Government employees shall be maintained for the Chief Executive Officer by the Chairperson.(15)The State Government-(a)shall remove the Chief Executive Officer from office if at a special meeting of the Board called for the purpose, a resolution for such removal has been passed by a majority of not less than 3/4 of the total number of members; and(b)may remove the Chief Executive Officer from office at any time if it appears to the State Government that he is incapable of performing the duties of his office or has been guilty of neglect or misconduct in the discharge of such duties which renders his removal expedient.
