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FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972
59 of 1972
21st September 1972
STATEMENTS OF OBJECTS AND REASONS
Article 312 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 Secretly of State Service Officers who continue to serve under the Government of India, or of a State and the conditions of service as regards pension of former Secretary of State Service Officers who ceased lo he in service at any time before the commencement of the Constitution (28th Amendment) Act, 1972. Some of these conditions of service are more favourable than those admissible lo other Government servants and these have been continued in view of the guarantee's contained in Article 314 of the Constitution as originally enacted. Consequent on the omission of Art. 314 of the Constitution, it is now necessary to bring the conditions of service of the aforesaid officers on par with those of other officers of corresponding services- and expressly lo make the provisions as to premature retirement applicable to the aforesaid officers retrospectively. However in respect of certain aspects relating lo remuneration and pension, it is proposed to continue the existing terms since, Government do not, as a matter of policy, favour adverse changes iii the conditions of service of Government servants as respects pay and pension during their service. 2. To set at rest doubts in the matter and to avoid unnecessary litigation, it is proposed to make it clear that no former Secretary of Slate Service Officer shall be entitled or be deemed ever lo 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 lo these objects. Gaz. of India, 30-K-1972, PI. II, S.2, Ext., p. 979. AMENDING ACT 24 OF 1975 The Former Secretary of State Service Officers (Conditions of Service) Act, 1972 (59 of 1972) was passed with a view to bringing the conditions of service of the former Secretary of State Service Officers oil par with those of the officer corresponding services and expressly to make provisions as to premature retirement applicable Ext., 2, II-S. Pt. 21-12-1974, India, of arise.-Gaz. they when and as inequities such removing for provisions suitable make to Government Central the empower appropriate seems it class, comparable a officers that position favourite less in Service State Secretary former any place not is Act principal underlying intention out ruled be cannot also future arising situations inequitable similar possibility As benefits retirement matter terms advantageous more them on conferring thereby Services Central other or Police Indian Administrative, avis, effected, been have benefits
An Act to provide for the variation or revocation of the conditions of service 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:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
(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 date1as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(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;
(d) "1. 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 member of the Indian Police Service;
(e) "pension" has the meaning assigned to it in clause (17) of Article 366 of the Constitution-.
SECTION 03: CONDITIONS OF SERVICE OF I.C.S. MEMBERS OF THE INDIAN
Administrative Service
- 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
(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 All India 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.
SECTION 04: CONDITIONS OF SERVICE OF I.P. MEMBERS OF THE INDIAN POLICE SERVICE
- Subject to the other provisions of this Act, on and from the appointed day,2
(a) the conditions of service as respects,-
(i) remuneration,
(ii) leave, and
(iii) pension;
(b) the rights as respects disciplinary matters; and
(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-and the rules and regulations made or deemed to have been made there under, as in force from time to time, shall apply lo and in relation to the I.C.S. members of the Indian Police Service as they apply to and in relation to the oilier in members of that Service.
SECTION 05: PAY OF I.C.S. MEMBERS OF INDIAN ADMINISTRATIVE SERVICE AND I.P. MEMBERS OF INDIAN POLICE SERVICE
- Notwithstanding anything contained in section 3-orsection 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 lo be equivalent lo such post shall, for so long as he holds that post, be entitled to draw pay as indicated against the post in the Schedule.
SECTION 06: RETIREMENT OF I.C.S. MEMBERS OF INDIAN ADMINISTRATIVE SERVICE AND I.P. MEMBERS OF INDIAN POLICE SERVICE
Notwithstanding anything contained in section 3-orsection 4-,-
(a)an I.C.S. member of the Indian Administrative Service, unless his service has been extended before the appointed day in accordance with the rules and regulations then applicable or is extended on or after that day in accordance with the rules and regulations applicable to the other members of the Indian Administrative Service, shall retire compulsorily,-
(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 applicable to him immediately before the appointed day whichever dale is earlier;
(ii) in any other case, on his attaining the age of fifty-sight 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 lo 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 thereafter 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), "qualifying serve" means service qualifying for purposes of pension.
SECTION 07: PENSION OF I.C.S. MEMBERS OF INDIAN ADMINISTRATIVE SERVICE
-- Notwithstanding anything contained in section 3-,-
(a)an I.C.S. member of the Indian Administrative Service shall subject. lo the provisions of section 8-and subject to the same provision in regard lo 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, a-s 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;
(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 Central 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 benefit 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 Government 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 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.
SECTION 08: PENSION PAYABLE TO FORMER SECRETARY OF STATE SERVICE OFFICERS IN INDIAN CURRENCY ONLY
Section 8-of the principal Act relating to pensions payable to former Secretary of State Service officers has been found to result in undue hardship in the case of two numerically small categories of officers. It appears there are a few officers, now in the age group about 7S-93 who were in service on the 1st day February, 1921 and who could claim pension computed in the rupee equivalent of (he amount fixed in sterling at a rate of exchange of Rupees 15 to a pound sterling. By virtue of the provisions of section 8, these officers would be able lo claim pension only at the lower rate of Rs. 13-1/3 to the pound sterling and also he liable to refund the difference between the pensions paid to them in the past and the amount which would have been payable to them if the calculation had been made at the rate of exchange of Rs. 13-1/3 to the pound sterling. The intention underlying section 8-was never to reduce the amount of pension. In the second place, there are a few foreigners who have taken up permanent residence outside India prior to the commencement of the principal Act and it would be causing a hardship to them if pension is not paid to them in sterling, particularly when several. of their colleagues who chose not to continue to serve in country at the time of Independence enjoy the' privilege of drawing their pensions in sterling. It has thus become necessary to amend section 8-of the principal Act to remove the hardships caused thereby in the case of the aforementioned categories of officers.-0a7.. 'of India. 21-12-1974, Pi. II-S. 2, Extra.. p. 1237.
SECTION 09: POWER OF CENTRAL GOVERNMENT TO ADAPT CERTAIN RULES, REGULATION AND ORDERS
(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(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.
SECTION 10: POWER TO CONSTRUE RULES, REGULATIONS AND ORDERS
- Notwithstanding that no provision or insufficient provision has been 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.
SECTION 10A: POWER OF CENTRAL GOVERNMENT TO MAKE ORDERS IN CERTAIN CASES TO ENSUREPARITY
5[ (1) If the Central Government is satisfied that the conditions of service as respects any matter applicable to, or in relation to any class or category of former Secretary of State Service officers under Ss. 6-,7-or8-or as respects any benefits by way of compensation 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 Administrative Service or the Indian Police Service or, as the case may be, any comparable service, it may, notwithstanding anything contained 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 he specified therein, make such provisions as it may deem fit for securing, so far as may he, parity in such cases.
(2) Any order under sub-section (1) may he made so as to have retrospective effect.
(3) Every order made under sub-section (1) shall he 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 or the successive session aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall he without prejudice to the validity of anything previously done under that order].
SECTION 11: POWER TO REMOVE DIFFICULTIES
(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.
SECTION 12: ACT TO HAVE OVERRIDING EFFECT
The provisions of this Act or of any order made there under 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.
SECTION 13: SAVING OF ORDERS IN RESPECT OF DISCIPLINARY MATTERS
Any order in respect of disciplinary mailers in relation to any l.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 : Provided that nothing in this section shall derogate from the powers of the competent authority to vary or rescind such order.
Footnotes:
1. 1-10-1972 was notified as such - see Gaz. of Ind., 1972, Pt. II. S. 3 (i), Ext., p. 1139.
2. i.e. 1-10-1972.
5. Inserted and deemed always to have been inserted by Act 24 of 1975. S. 3.
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