REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 26]

NEW DELHI, MONDAY, MAY 12, 1975/VAISAKHA 22, 1897

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

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 12th May, 1975/Vaisakha 22, 1897 (Saka)

The following Act of Parliament received the assent of the President

on the 9th May, 1975, and is hereby published for general information: —

THE-FORMER SECRETARY OF STATE SERVICE OFFICERS

(CONDITIONS OF SERVICE) AMENDMENT ACT, 1975

No. 24 OF 1975

[9th May, 1975]

An Act to amend the Former Secretary of State Service Officers

(Conditions of Service) Act, 1972.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic

of India as follows: —

1. This Act may be called the Former Secretary of State Service

Officers (Conditions of Service) Amendment Act, 1975.

Short

title.

2. In the Former Secretary of State Service Officers (Conditions of

Service) Act, 1972 (hereinafter referred to as the principal Act), in

section 8.—

9 of 1972.

Amend-

ment of

section 8.

(a) in sub-section (1), after clause (c), the folowing provisos

and Explanations shall be inserted, and shall be deemed always to

have been inserted, namely: —

'Provided that in relation to every former Secretary of

State Service officer who, having been in service on the 1st

day of February, 1921, and domiciled in India on that date is

entitled immediately before the appointed day to claim his pen-

sion computed in the rupee equivalent of the amount fixed in

sterling at a rate of exchange of rupees fifteen to a pound

sterling, clause (c) shall have effect as if for the words "thir-

teen and one-third", the word "fifteen" were substituted:

(137)

138

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Provided further that every former Secretary of State Ser-

vice officer whose pension was expressed in sterling or in respect

of whose pension a fixed sterling minimum was applicable, and

who, immediately before the appointed day, is a foreigner hav-

ing taken up permanent residence outside India, shall, so long as

he continues to be a foreigner permanently residing outside

India, be allowed to convert the annuity

of rupees

thirteen

thousand three hundred and thirty-three and one-third or the

annuity actually payable to him in rupees, whichever is less,

into pound sterling at the rate of rupees thirteen and one-third

to a pound sterling, and the annuity so converted into pound

sterling shall be paid outside India.

Explanation 1.-—Nothing contained in the foregoing pro-

viso shall be deemed to entitled any former Secretary of State

Service officer to claim conversion of amounts representing the

annuity or the commuted value thereof, already drawn in rupees

before the commencement of the Former Secretary of State Ser-

vice Officers (Conditions of Service) Amendment Act, 1975, into

pound sterling.

Explanation

2.—In

this

sub-section,

the

expression

"foreigner" means a person who is not a citizen of India.';

(b) in sub-section (2), after

the words "every former

Secre-

tary of State Service officer", the brackets, words and figure "[not

being an officer to whom the first proviso or the second proviso to

sub-section (1) applies]" shall be inserted and shall be deemed al-

ways to have been inserted.

3. After section 10 of the prinicipal Act, the following section shall

be inserted, namely re-

inser-

tion of

new

section

10A.

Power oi

Central

Govern-

ment

to make

orders In

certain

cases to

ensure

parity.

"10A. (1) If the Central Government is satisfied that the condi-

tions of service as respects any matter applicable to, or in relation

to. any class or category of former Secretary of State Service officers

under section 6, 7 or 8 or as respects any benefits by way of com-

pensation for the increase in cost of living or any other reason, have

become less favourable than those applicable to or in relation to any

corresponding class or category of other officers of the Indian Ad-

ministrative Service or the Indian! Police Service or, as the case may

be, any comparable service, it may, notwithstanding anything con-

tained in those sections, by general or special order and subject to

such conditions and restrictions (including conditions as to refund,

adjustment or recovery), as may be specified therein, make such pro-

visions as it may deem fit for securing, so far as may be, parity in

such cases.

(2) Any order under sub-sectton (1) may be made so as to have

retrospective effect.

(3) Every order made under sub-section (1) shall be laid, as

soon as may be after it is made, before each House of Parliament

while it is in session, for a total period of thirty days which may be

comprised in one session or in two or more successive sessions, and

if, before the expiry of the session immediately following the session