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THE ARUNACHAL PRADESH PUBLIC
SERVICE COMMISSION
REGULATIONS, 1988
No. O.M. 15/88 - In exercise of
the powers conferred by the Article 318 of the Constitution of India, the
Governor of Arunachal Pradesh is pleased to make the following Regulations in
respect of the composition and staff of the Arunachal Pradesh Public Service
Commission, their tenure of office and conditions of service.
2. They will come into force with effect from the 1st day of April, 1988.
PART-I
Introductory
1. These Regulations may be called
the Arunachal Pradesh Public Service Commission Regulations, 1988.
2. These Regulations shall extend to the whole of the State of Arunachal Pradesh
and shall come into force on 1st April, 1988.
3. In these Regulations, unless there is something repugnant in the subject or
context:-
(i) "Governor" means the Governor of Arunachal Pradesh.
(ii) "Commission" means the Arunachal Pradesh Public Service
Commission.
(iii) "Chairman" means the Member of the Commission who is
appointed as Chairman.
(iv) "Member" means a Member of the Arunachal Pradesh Public
Service Commission and includes the Chairman thereof.
(v) "Compensatory allowance" means an allowance granted to meet
personal expenditure necessitated by special circumstances in which duty is
performed; and
(vi) "Constitution" means Constitution of India.
PART-II
Composition, Pay and Tenure
4. The commission shall consist of
a Chairman and two or more Members as may be determined by the Governor from
time to time and shall be appointed by the Governor.
5. A member of the Commission shall hold office for term of six years from
the date on which he enters upon his office or until he attains the age of 62
years whichever is earlier, provided that a Member of the Commission may, by
writing under his hand, addressed to the Governor, resign his office earlier;
Provided further that a Member of the Commission may be
(i) removed from his office earlier in the manner provided in clause (1)
or clause (3) of Article 317
of the Constitution;
(ii)
Suspended in the manner provided in clause (2) of Article 317 of the
Constitution
6. (a) The Chairman of the Commission shall receive his pay in the scale of
Rs 2500-125/2-2750 p.m and a Member shall receive pay in the scale of Rs
2000-125/2-2250 p.m and dearness allowance and other allowances;
Provided that in case of an appointment as the Chairman or a
Member, a person who had retired from service under the Government, a local
body, a University or any other body, wholly or partly owned or controlled by
the Government, and who is in receipt of or has become entitled to receive any
retirement benefits by way of pension, gratuity, contributory provident fund or
otherwise; the pay specified in in these Regulations shall be reduced by the
gross amount of pension (including any portion of the pension, which may have
been commuted) and the pension equivalent of other forms of retirement benefits,
if any, or at the option of the pensioner, the pension may be kept in abeyance,
in which case the Chairman or the Member will be allowed to draw the full pay
and allowances as provided in this clause.
Provided further that a person who had been in the service of the
Government, a local body, a university or any body wholly or partly owned or
controlled by the Government, is appointed as the Chairman or a Member of the
Commission, shall be entitled to get the protection of the pay drawn by him in
the service, in accordance with the provisions of the Fundamental Rules and
Supplementary Rules.
EXPLANATION: For the purpose of these Regulations -
(i) Service under the Union or a State Public Service Commission shall be
considered as
service under the Government.
(ii) The term 'University' shall include any institution for higher education,
wholly or
partly financed by the Central Government or any State Government or both and
deemed to be a University under Section 3 of the University Grants Commission
Act,
1956.
(iii) The term 'Any other body wholly or partly owned or controlled by the
Government'
shall include a Government Company as defined in the Companies Act, 1956 and any
other statutory body, whether incorporated or not, in which the Central
Government
or any State Government, or both has a controlling interest in the share or
other
capital thereof has directly or through its nominees, substantial control over
its
working.
Dearness (b) The Chairman and other Members shall receive Dearness Allowance at
the rates Allowance: applicable from time to time to the State
Government servants.
(c)
(i) The Chairman and other Members shall be entitled to the facilities for
medical
treatment and accommodation in hospital as admissible to the Secretaries to the
Government of Arunachal Pradesh.
(ii) The Chairman and other Members shall be entitled to the facilities of rent
free
accommodation or House Rent Allowance in lieu thereof, as admissible to the
State
Government servants drawing an equivalent pay.
7. (a) The Chairman or a Member, who, on the date of his appointment to the
Commission, was in the service of the Central or a State Government, shall cease
to be in service and his pay, leave and pension shall be regulated in accordance
with the provisions of these Regulations.
(b) The Chairman or a Member, who, on the date of his
appointment to the Commission, was in the service of the Central or a State
Government may elect to draw his pension and other retirement benefits
admissible to him under the rules of his Government service or may elect to
grant his
(c) The option as in clause (b) of this Regulation shall be
exercised within a period of six months from the date of his assuming the office
in the Commission. The option once exercised shall be final.
(d) In case a Member, who was in the service of the Central
or State Government on the date of his appointment to the Commission, elects to
draw his pension and other retirement benefits admissible to him under the rules
applicable to him in respect of his Government service, his pay as Chairman or a
Member of the Commission, as specified in rule 6, shall be reduced by the gross
amount of pension (including any portion of the pension which may have been
commuted) and the pension equivalent of other forms of retirement benefits, if
any.
PART-III
Leave
8. (i) A Member who on the date of
his appointment was in the service of the Government of India or any State
Government, may be granted leave under the rules applicable to him and his
service as Member shall count for such leave.
(ii) A Member may draw during the period of leave granted under
Clause (i) such leave salary as he may be entitled to under the rules applicable
to him.
(iii) A Member who at the date of his appointment was not in the
service of the Government of India or a State may be granted leave as follows:
(a) Earned Leave on full pay at the rate of thirty days for every
completed calendar year of
service or a part thereof.
Provided that the leave account shall
be credited with earned leave, in advance, in two
installments of fifteen days each on
the first day of January and July of every calendar year.
Provided further that earned leave at
the credit at the close of previous half year shall be
carried forward to the next half
year, subject to the condition that the leave so carried
forward plus credit for the half year
do not exceed the maximum limit or two hundred and
forty days.
(b) Half pay leave on medical certificate or on private affairs at
the rate of twenty days in respect
of each completed year of service and
the leave salary for half pay leave shall be equivalent to
half of the leave salary admissible
during the earned leave.
(c) Leave on half pay may be commuted to full pay leave at the
discretion of the Chairman or a
Member, provided it is taken on
medical grounds and is supported by a medical certificate by a
competent medical authority. When
commuted leave is granted twice the amount of such
leave shall debited against the half
pay leave due.
(d) Extraordinary leave without pay and allowances subject to a
maximum of three months at any
one time.
9. The leave at the credit of the Chairman or a Member, who at the time of his
appointment to the Commission was in the service of the Central or a State
Government in his leave account shall not lapse on the date of his appointment
as the Chairman or a Member, but shall be carried forward and can be availed of
during his tenure as Chairman or a Member.
10. Leave sanctioning authority :- The Chairman shall be the authority competent
to sanction leave to a Member and the Governor shall be the authority competent
to sanction leave to the Chairman.
PART-IV
Pension of Members
11. No pension shall attach to the office of Member as such, but in the case of
a Member who at the date of his appointment was in the service of the Government
of India or a State, service as Member shall count for pension under the rules
applicable to the service to which such Member belongs.
Provided that a Chairman or a Member who at the date of
his appointment was in the service of the Government of India or a State shall
cease to count his service as Chairman or a Member for pension under this
Regulation from the date from which he ceases to be a Member of that service.
Provided further that in the case of retired Government
servant, service as Chairman or Member shall not count as qualifying service for
the purpose of recalculating his pension at the expiry of his tenure of office
as Chairman or Member.
Provident Fund
12.
A Member who at the date of his appointment, was
in the service of the Government of India or of a State and prior to that date
had been admitted to the benefits of the General Provident Fund maintained by
Government, shall be eligible after appointment to continue to subscribe to the
said fund on the same terms and conditions and subject to the same rules as
previously.
PART-V
Travelling and other Allowances
13. (i) A Member who at the date
of his appointment was in the service of the Government of India or of a State
shall for his journey to join his appointment as Member draw the travelling
allowance admissible on transfer to an officer of the rank of Secretary to the
Government.
(ii) Member who at the date of his appointment is not
in the service of the Government of India or of a State shall for his journey to
join his appointment a Member draw the travelling allowance admissible on
transfer to an officer of the rank of Secretary to the Government.
(iii) A Member shall be entitled when travelling on
duty, to draw travelling allowances at the rates laid down in the Travelling
Allowances Rules for a Senior grade officer of the rank of Secretary to the
Government of Arunachal Pradesh.
PART-VI
Staff of the Commission and their condition of Service
14.
The staff of the Commission shall include a
Secretary and such member of Gazetted and Non-Gazetted officers as the Governor
may from time to time determined.
15. The Secretary shall be
appointed by the Commission with the approval of the Governor. The normal tenure
of the office of the Secretary shall be five years provided that -
(a) which making the appointment, the Commission may,
for special reasons, fix with the approval of the Governor a shorter tenure;
(b) the Commission may, with the approval of the
Governor, extend the tenure of the Secretary by any period not exceeding five
years.
16. The Secretary shall be paid during the tenure of his office pay according to
the terms of service to which he belongs plus a special pay of Rs 200 per
mensem.
17. In respect of all other matters for which provision is not made be these
Regulations, the conditions of service of the Secretary shall be the same as
those of the other Members of service to which they belong provided that if a
person, who does not belong to any service under the Central or State
Government, is appointed to the post of the Secretary, his conditions of
service, shall be such as may be determined by the Governor, and such conditions
shall be embodied in a formal contract to be entered into between him and the
Governor.
18. The Ministerial Gazetted shall be appointed by the Commission from amongst
the Ministerial officers of the Commission on the basis of seniority-cum-merit
and the Non-Gazetted staff including Group 'D' Government servants shall be
appointed by the Secretary of the Commission. They shall have the same status
and shall receive such emoluments as are admissible to Government servants of
the corresponding grades in the Arunachal Pradesh Secretariat.
19. The Commission, in case of the Gazetted staff and the Secretary, in case of
the Non-Gazetted staff including the Group 'D' emoluments shall be the pay.
20. In respect of any matter for which provision is not made by these
Regulations, the conditions of service of a person serving as a Member of the
Commission or its staff shall be governed by the rules and orders for the time
being applicable to such class of Government servant as shall be specified by
the Governor.
By Order
V.K Kapoor
Chief Secretary to the
Government of Arunachal Pradesh
GOVERNMENT OF ARUNACHAL PRADESH
ORGANISATION AND METHODS DEPARTMENT
NOTIFICATION
The 29th March, 1988
No. OM-15/88 - In pursuance of the
provisions of Article 315 of the Constitution of India, read with clause 4 of
the Arunachal Pradesh Public Service Commission Regulations, 1988, the Governor
of Arunachal Pradesh is hereby pleased to constitute the Arunachal Pradesh
Public Service Commission with Headquarters at Itanagar, with effect 1st April,
1988. The Commission shall consist of a Chairman and two members.
V.K Kapoor
Chief Secretary to the
Government of Arunachal Pradesh
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