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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED I3Y AUTHORITY

No. 67] NEW DELHI, THURSDAY, SEPTEMBER 21, 1972/BHADRA 30, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st September, 1972/Bhadra 30, 1894 (Saka)

The following Act of Parliament received the assent of the President on the 21st September, 1972, and is hereby published for general informa- tion: —

THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972

N o. 59 OF 1972

[21st September, 1972] An Act 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 inci- dental thereto.

BE it enacted by Parliament in the Twenty-third Year of the Republic of India as follows: —

1. (I) 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;

( 843 )

(d) "I.P. member of the Indian Police Service" means a person who was appointed to the Police Service of the Crown in India known as the Indian Police and who on the appointed day is a mem- 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 (Hi) 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 othei

matters,

61 of 1951.

of the I.C.S. members of the Indian Administrative Service shall be the same as thoKe of the other members of that Service and accordingly and subject as aforesaid, the provisions of the All-Tndia Services Act, 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 (in) pension;

(b) the rights as respects disciplinary matters; and

Condi- tions of Service of I.P. mem- bers of the Indian Police Service.

(c) the conditions of service and the rights as respects all other

matters,

61 of 1951, of the I.P. members of the Indian Police Service shall be the same as •y-iose of the other members of that Service and accordingly and subject AS aforesaid, the provisions of the All-India Services Act, 1951 and the 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- bers of Indian Adminis- trative Service and I.P. members of Indian Police Service.

6. Notwithstanding anything contained in section 3 or section 4,—

(a) an I.C.S. member of the Indian Administrative Service, unless his :crvice has been extended before the appointed day in accordance witVi 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- tive Service, Khali retire compulsorily,—•

Retire- ment of I.C.S. members of Indian Adminis- trative service and I.P. members of Indian Police Service.

(i) where he attains the age of fifty-eight years before the 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;

(ii) 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 of on any dale 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 eojnpletes 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 oO.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

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;

(?)) no dcath-ritm-retiremcnt 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 I . C . S. member of the Indian Administrative Service shall be credited, on his retirement or previous death, with the fame 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 of State 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.

(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 one- third to the pound sterling, shall refund to the Central Government or, as the case may bo, the State Government, the sum by which the amount paid to him exceed 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 duo from that Government to such officer,

(3) For the removal of doubts, it is hereby declared that the provi- sions ol sub-sections (1) and (2) shall apply to a former Secretary of State Service ollicer who is holding or has held the ollice of the Chief Justice or other Judge of the Supreme Court or a High Court, the Comp- troller and Auditor General ol; 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.

01 Of 1951.

Power of Central Govern- ment to adapt certain rules, regula- tions and orders.

9. (1) For the purpose of bringing the provisions of any rules and regulations made or deemed to have been made under the All-India Services Act, 1951 or any rules, regulations or orders (including any other instrument having the force of law) applicable immediately before the appointed day to or in relation to former Secretary of State Service officers into accord with the provisions of this Act, the Central Govern- ment may, betore the expiry of two yoars irom the appointed day, by order published in the Official Gazette, make such adaptations and modifications of such rules, regulations or orders, whether by way of repeal or amendment, as may be necessary.

(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.

10. Notwithstanding that no provision or insufficient provision has been Power to construe rules, regula- tions and orders.

made under section 9 for the adaptation of any rule, regulation or order , referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, regulation or order may construe it with such modifications as may be necessary to bring it into accord with the provisions of this Act.

Power to remove difficul- ties.

11. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published 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- riding effect.

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 SCHEDULE

(See section 5)

PART I

I.C.S Members of the Indian Administrative Service

Pay or Scale of Pay

Post

Serial No.

Secretary to the Government of Inclm .

Rs, 4,000.

1

Additional Secretary to die Government of India . Rs. 3,500.

2

Joint Secretary to :hs: Government of India

, Rs. 3,000.

3

Rs. 3,750.

First Member, Brurd ofRcvetmuj Tamil Nadu

4

PART II

I. P. Members of Hie Indian Police Service

Post

Pay or Scale of Pay

Serial No.

Director, Intelligence Bureau

1

Rs. 3;5oo.

Director General. Central Reserve Police Force . Rs. 3,250-

2

Deputy Director, Intelligence Bureau

1 /rs

3

Rs. i.y50-—<;o—2,Tfo Rs. 100 Special Pay.

Rs. 3,500—125—3,000.

Inspector-General of Police . . ..

4

Rs. 2.300—50—2.500,

Commissioner of Police, Calcutta

5

. Rs. ij9

Deputy Inspector-Genera] of Police

6

K. K. SUNDARAM,

Joint Secy, to the Govt. of India.