रजिस्ट्री सं० जी० 221
REGISTERED No. D. 221
भारत का राजपन्न
The Gazette of India
AKALSECRETAR
असाधारण
EXTRAORDINARY
12
भाग II-- लण्ड 2
PART I- Section 2
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 50]
नई दिल्ली , बुधवार प्रगस्त 30 , 1972/ भार 8. 1894
No. 50] NEW DELHI , WEDNESDAY , AUGUST 30 , 1972 / BHADRA 8 , 1894
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा आ सके ।
Separate paging is given to this Part In order that it may be filed as a scparate compilation
LOK SABНА
The following Bill was introduced in Lok Sabha on the 30th August , 1972:-
BILL NO 90 OF 1972
A Bill to provide for the variation or revocation of the conditions of service of former Secretary of State Service officers in respect of certain matters and for matters connected therewith or incidental thereto .
BE it enacted by Parliament in the Twenty- third Year of the Republic of India as follows :--
1. ( 1 ) This Act may be called the Former Secretary of State Service Officers (Conditions of Service) Act , 1972 .
(2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette , appoint .
Short title and com- mence- ment.
2.In this Act , unless the context otherwise requires ,-
Defini- tions .
(a) "appointed day" means the date on which this Act comes into force;
(b) "former Secretary of State Service officer " means a person referred to in sub - clause ( a) or sub - clause ( b ) of clause ( 1 ) of article 312A of the Constitution ;
(c) " I.C.S. member of the Indian Administrative Service" means a person who was appointed to the Civil Service of the Crown in India known as the Indian Civil Service and who on the appointed day is a member of the Indian Administrative Service ;
( 973 )
known as the Indian Police and who on the appointed day is a men- ber of the Indian Police Service ;
(e) " pension" has the meaning assigned to it in clause (17) of article 366 of the Constitution .
3. Subject to the other provisions of this Act , on and from the appointed day,-
(a) the conditions of service as respects ,-
(i) remuneration,
(ii) leave , and
(iii) pension;
(b ) the rights as respects disciplinary matters ; and
Condi- tions of service of I.C.S. mem- bers of the Indian Adminis- trative Service .
(c) the conditions of service and the rights as respects all other matters,
of the I.C.S. members of the Indian Administrative Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid , the provisions of the All - India Services Act , 1951 61 of 1951 . and the rules and regulations made or deemed to have been made there under, as in force from time to time, shall apply to and in relation to the I.C.S. members of the Indian Administrative Service as they apply to and in relation to the other members of that Service.
4. Subject to the other provisions of this Act , on and from the appointed day,-
(a) the conditions of service as respects ,--
(i) remuneration ,
(ii) leave , and
(iii) pension;
Condi- tions of Service of I.P. mem- bers of the Indian Police Service .
(b) the rights as respects disciplinary matters ; and
(c) the conditions of service and the rights as respects all other matters ,
of the I.P. members of the Indian Police Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid , the provisions of the All - India Services Act , 1951 and the 61 of 1951 , rules and regulations made or deemed to have been made thereunder, as in force from time to time , shall apply to and in relation to the I.P. members of the Indian Police Service as they apply to and in relation to the other members of that Service .
5. Notwithstanding anything contained in section 3 or section 4 , an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police Service, as the case may be , holding a post specified in the Schedule or a post declared by the Central Government to be equivalent to such post shall , for so long as he holds that post , be entitled to draw pay as indicated against the post in the Schedule .
Pay of I.C.S. mem- bersof Adminis- Indian trative Service and I.P. members of Indian Police Service.
THE GAZETTE OF INDIA EXTRAORDINARY
SEC. 2J
975
6. Notwithstanding anything contained in section 3 or section 4,-
(a) an I.C.S. member of the Indian Administrative Service , I.C.S. unless his service has been extended before the appointed day in accordance with the rules and regulations then applicable or is ex- tended on or after that day in accordance with the rules and regu- lations applicable to the other members of the Indian Administra- service tive Service , shall retire compulsorily ,
Retire- ment of members of Indian Adminis- trative and I.P. members ofIndian Service .
( i ) where he attains the age of fifty -eight years before the Police expiry of six months from the appointed day , on the date of expiry of the said period of six months or on the date on which he shall retire compulsorily in accordance with the rules appli- cable to him immediately before the appointed day , whichever date is earlier ;
(vi ) in any other case , on his attaining the age of fifty - eight years;
(b) the Central Government shall have and shall be deemed always to have had the power to require an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police Service, in consultation with the Government of the State on whose cadre he is borne and after giving to such member at least three months' previous notice in writing , to retire in public interest from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date there- after to be specified in the notice;
(c) an I.C.S. member of the Indian Administrative Service or an I.P. member of the Indian Police Service may , after giving at least three months' previous notice in writing to the Government of the State on whose cadre he is borne , retire from service on the date on which such member completes thirty years of qualifying service or attains fifty years of age or on any date thereafter to be specified in the notice:
Provided that no member under suspension shall retire from service except with the specific approval of the Government of the State on whose cadre he is borne ,
Explanation. For the purposes of clause ( b ) and clause (c) , "quali- fying service" means service qualifying for purposes of pension .
7. Notwithstanding anything contained in section 3 ,-
Pension of I. C. S. members of Indian Adminis- trative Service .
(a) an I.C.S. member of the Indian Administrative Service shall , subject to the provisions of section 8 and subject to the same pro visions in regard to the right of the Central Government to withdraw the whole or any part of pension or to order recovery of pension and the same conditions for grant of retirement benefits , as are applicable THE GAZETTE OF INDIA EXTRAORDINARY
[PART II- 976
for the time being in the case of other members of the Indian Administrative Service , be entitled on his retirement from service in accordance with the provisions of section 6, to receive by way of annuity rupees thirteen thousand three hundred and thirty- three and one - third;
(b ) no death - cum- retirement gratuity benefits shall be available to or in respect of an I.C.S. member of the Indian Administrative Service unless such member has exercised his option for such benefits before the appointed day in accordance with the orders of the Cen- tral Government in that behalf and the benefits admissible to or in relation to an I.C.S. member of the Service who so exercised his option shall be subject to the conditions specified in the said orders and to the same conditions for grant of retirement benefits as are applicable for the time being in the case of other members of the Indian Administrative Service;
(c) no family pension benefits shall be admissible in relation to an I.C.S. member of the Indian Administrative Service unless such member exercised his option in respect of such benefits before the appointed day in accordance with the orders of the Central Govern- ment in that behalf and the benefits admissible in relation to an I.C.S. member of the service who so exercised his option shall be subject to the conditions specified in the said orders ;
(d) the Provident Fund account of an 1.C.S. member of the Indian Administrative Service shall be credited , on his retirement or previous death , with the same amount , if any , as would have been credited by way of contribution in accordance with the rules in force immediately before the appointed day .
8. (1) No former Secretary of State Service officer shall be entitled, or be deemed ever to have been entitled , to claim,-
(a) pension in sterling ; or
(b) that his pension shall be paid outside India; or
Pension payable to former Secretary ofState Service officers in Indian currency only.
(c) where his pension was expressed in sterling or a fixed ster- ling minimum was applicable in respect of the pension payable to him, that his pension shall be computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange exceeding the rate of rupees thirteen and one - third to the pound sterling.
one- (2) Notwithstanding any judgment, decree or order of any court, every former Secretary of State Service officer who has been paid the rupee equivalent or , as the case may be , the pound sterling equivalent of his pension by calculating such pension with reference to a rate of exchange exceeding the rate of exchange of rupees thirteen and third to the pound sterling, shall refundto the Central Government or , as the case may be , the State Government, the sum by which the amount paid to him exceeds the amount which would have been payable to him if the calculation had been made at the rate of exchange of rupees thirteen and one - third to the pound sterling and the Central Government or the State Government may set off, in such manner as it may deem fit, the amount required to be so refunded to it by any such officer against any sum (including pension) which is or which may become due from that Government to such officer .
SEC. 21
THE GAZETTE OF INDIA EXTRAORDINARY
977
(3) For the removal of doubts , it is hereby declared that the provi- sions of sub - sections (1 ) and ( 2) shall apply to a former Secretary of State Service officer who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or a High Court , the Comp- troller and Auditor General of India, the Chairman or other member of the Union or a State Public Service Commission or the Chief Election Commissioner as they apply to other former Secretary of State Service officers.
61 of 1951.
9. ( 1) For the purpose of brining the provisions of any rules and Power of regulations made or deemed to have been made under the All-India Central Services Act, 1951 or any rules , regulations or orders ( including any Govern- other instrument having the force of law ) applicable immediately before ment to adapt the appointed day to or in relation to former Secretary of State Service certain officers into accord with the provisions of this Act, the Central Govern- rules, ment may, before the expiry of two years from the appointed day , regula- by order published in the Official Gazette , make such adaptations and tions and modifications of such rules , regulations or orders , whether by way of repeal or amendment , as may be necessary . orders .
(2) The provisions of sub - section (1) shall be in addition to and not in derogation of any power under any other law to amend or repeal the rules , regulations and orders referred to in that sub - section.
construe 10. Notwithstanding that no provision or insufficient provision has been Power to made under section 9 for the adaptation of any rule, regulation or order rules, referred to in that section , any court , tribunal or authority, required or regula- empowered to enforce such rule, regulation or order may construe it tions and with such modifications as may be necessary to bring it into accord with orders . the provisions of this Act .
Power to remove
11. ( 1) If any difficulty arises in giving effect to the provisions of this difficul- Act, the Central Government may , by general or special order published ties. in the Official Gazette , for the purpose of removing the difficulty , make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient :
Provided that no such order shall be made under this sub - section after the expiry of three years from the appointed day.
(2) Every order made under sub -section (1 ) shall, as soon as may be after it is made , be laid before each House of Parliament.
12. The provisions of this Act or of any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any rule, regulation or order or other instrument having effect by virtue of any law other than this Act .
Act to have over- effect . riding
13. Any order in respect of disciplinary matters in relation to any I.C.S. member of the Indian Administrative Service or any I.P. member of the Indian Police Service in force immediately before the appointed day shall continue in force as from the appointed day :
Saving of orders in respect of disci- plinary matters.
Provided that nothing in this section shall derogate from the powers of the competent authority to vary or rescind such order.
THE GAZETTE OF INDIA EXTRAORDINARY
978
[PART II-
THE SCHEDULE
(See section 5)
PART I
I.C.S Members of the Indian Administrative Service
Post
Serial No.
Pay or Scale of Pay
I Secretary to the Government of India
Rs . 4,000 .
R9 . 3,500 .
2 Additional Secretary to the Government of India
Rs . 3,000 .
3 Joint Secretary to the Government of India
4 First Member , Board of Revenue , Tamil Nadu
Rs . 3,750 .
PART II
I. P. Members of the Indian Police Service
Ровт
Pay or Scale of Pay
Serial No.
Rs. 3,500 .
I Director, Intelligence Bureau
2 Director General , Central Reserve Police Force
Rs. 3,250 .
Plus
3 Deputy Director , Intelligence Bureau
Rs . 1.950-50-2,150 Rs . 100 Special Pay .
Rs . 2,500-125-3,000 ,
4 Inspector - General of Police
Rs . 2,300-50-2,500 .
5 Commissioner of Police, Calcutta
Rs . 1,950-50-2,150 ,
6 Deputy Inspector - General of Police STATEMENT OF OBJECTS AND REASONS
Article 312A of the Constitution empowers Parliament to vary or revoke, whether prospectively or retrospectively, the conditions of service as respects remuneration, leave and pension and the rights as respects disciplinary matters of former Secretary of State Service officers who continue to service under the Government of India or of a State and the conditions of service as respects pension of former Secretary of State Service officers , who ceased to be in service at any time before the com- mencement of the Constitution ( Twenty-eighth Amendment) Act , 1972 . Some of these conditions of service are more favourable than those admis- sible to other Government servants and these have been continued in view of the guarantees contained in article 314 of the Constitution originally enacted . Consequent on the omission of article 314 of the Constitution, it is now considered necessary to bring the conditions of service of the aforesaid officers on par with those of other officers of corresponding services and expressly to make the provisions as to pre- mature retirement applicable to the aforesaid officers retrospectively . However, in respect of certain aspects relating to remuneration and pension , it is proposed to contiiüe the existing terms since Government do not, as a matter of policy, favour adverse changes in the conditions of service of Government servants as respects pay and pension during their service . as
2. To set at rest doubts in the matter and to avoid unnecessary litiga- tion, it is also proposed to make it clear that no formen Secretary of State Service officer shall be entitled or be deemed ever to have been entitled to claim pension in or in terms of sterling or that his pension shall be paid outside India.
3. The Bill seeks to give effect to these objects .
NEW DELHI
RAM NIWAS MIRDHA .
The 29th August , 1972 .
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II-
980
FINANCIAL MEMORANDUM
Clause 6 (a) of the Bill lays down , subject to certain qualifications , that the age of compulsory retirement of an I.C.S. member of the Indian Administration Service shall be 58 years . Under the existing rules and regulations , an I.C.S. member of the Indian Administrative Service has to retire after completing 35 years of service from the date of his arrival in India . As a result of fixing the age of retirement at 58 , certain officers may continue in service even after completing 35 years of service from the dates of their arrival in India though a large number of officers would retire much earlier than the dates of retirement according to the existing rules and regulations . The number of officers who may SO continue in service beyond the date of retirement under the existing rules and regulations is not more than seven and the periods for which they may so continue in service range from a fortnight to six months . On the assumption that if these officers had retired in accordance with the existing rules and regulations , the posts occupied by them would have been filled by non - I.C.S . members of the Indian Administrative Service, the provisions of clause 6 ( a) of the Bill would involve some expenditure . It is not possible to visible the exact amount of such expenditure at this stage as it would depend upon various contingencies , such as the emoluments attached to the posts which these officers may hold, the emoluments which will have to be paid to the persons who would have been appointed to such posts . Further expenditure will be incurred from the Consolidated Fund of India only if all or any of these officers happen to hold posts in connection with the affairs of the Union at the relevent time . Even on the assumption that all these officers would hold such posts immediately before their retirement , the total expenditure involved is not likely to exceed Rs . 15.000, and this expen- diture will be of a non - recurring nature . The provisions of the Bill do not involve any other expenditure from the Consolidated Fund of India.
SEC. 2]
THE GAZETTE OF INDIA EXTRAORDINARY
981
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 9 of the Bill empowers the Central Government to adapt. within a period of two years from the appointed day , any rules or regu- lations made or deemed to have been made under the All - India Services Act, 1951 or any rules , regulations or orders ( including any other instru- ment having the force of law ) applicable immediately before the ap- pointed day to or in relation to former Secretary of State Service officers for the purpose of bringing the provisions thereof into accord with the provisions of the legislation.
Clause 11 of the Bill empowers the Central Government to make , by general or special order published in the Official Gazette , such provi- sions as appear to it to be necessary or expedient for removing any difficulty which arises in giving effect to the provisions of the Act . It is expressly provided in the clause that any provisions so made shall not be inconsistent with the provisions of the Act and that no such order shall be made after the expiry of three years from the appointed day .
The delegation of legislative powers in the two clauses referred to above is modelled on identical or analogous provisions in other Acts of Parliament. Besides , they are mainly of a consequential nature and pertain to matters of detail . As such , the proposed delegation of legis- lative powers is of a normal character .
S. L. SHAKDHER ,
Secretary.
PRINTED BY THE GENERAL , MANAGER , GOVERNMENT OF INDIA PRISS , MINTO ROAD , NHV DELHI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS , DELHI , 1972