THE ASSAM PUBLIC SERVICE COMMISSION (LIMITATION OF FUNCTIONS) REGULATIONS, 1951

THE ASSAM PUBLIC SERVICE COMMISSION (LIMITATION OF FUNCTIONS) REGULATIONS, 1951[1]

PREAMBLE

In exercise of the powers conferred by the provision to clause (3) Article 320 of the Constitution of India, and in supersession of all previous orders on the subject, the Governor of Assam is pleased to make the following Regulations as respects services and posts in connection with the affairs of the State of Assam, specifying matters in which it shall not be necessary for the Assam Public Service Commission to be consulted.

Regulation - 1.

(a)      These Regulations may be called the Assam Public Service Commission (Limitation of Functions) Regulations, 1951.

(b)      These shall come into force at once.

Regulation - 2.

In these Regulations, unless there is something repugnant in the subject or context -

(i)       "Constitution" means the Constitution of India;

(ii)      "Appointing authority" means the authority which makes the appointments to any service or post in connection with the affairs of the State of Assam;

(iii)     "Commission" means the Assam Public Service Commission;

(iv)    "Service" or "Post" means civil service or post in connection with the affairs of the State of Assam.

Regulation - 3.

It shall not be necessary for the Commission to be consulted in matters relating to methods of recruitment to civil services and post or the suitability of the candidates for such appointments, in the following cases, namely -

(a)      when an appointment is to be made by an authority other then the Governor or by the Governor to a post on a pay scale the maximum of which is less than "Rupees Eleven hundred and Sixty six" per month and in respect of post as shown in the Schedule although the maximum of the pay scale of these posts exceed "Rupees Eleven hundred and Sixty six", where direct recruitment can be made;

 

["SCHEDULE

Statement Showing name of posts with Scale of pay carrying maximum of Rs. 1500/-

(b)      when it is proposed to appoint a member of a service to a post for appointment to which the rules of any other service make a member of that service eligible, and which in the opinion of the Governor is normally filled by a member of that service or is similar to posts normally filled by members of that service;

Illustration- The appointment of an officer of the Assam Civil Service to the following posts, does not require consultation with the Commission posts of District Magistrate, Settlement Officer, Secretary, Deputy Secretary, Under Secretary or Officer on Special Duty in the Secretariat;

(c)      appointment to the personal staff of the Governor and to his Secretariat;

(d)      the appointment of Law Officers of the State, Law Reporters of the High Court of Judicature in Assam;

(e)      when an officiating appontment is to be made by direct recruitment to a permanent post, if it is necessary in the public interest that the appointment should be made immediately and reference to the Commission would cause undue delay; provided that if the vacancy is for a period, actual or probable of six months or more the Commission shall, as soon as possible, be consulted in all matters mentioned in sub-clause 3 of Article 320 of the Constitution;

(f)       when an appointment is to be made by direct recruitment to a temporary post created in a service, if it is necessary in the public interest that the appointment should be made immediately and reference to the Commission would cause undue delay; provided that if the post has been sanctioned for, or is likely to last for more than four months, the Commission shall, as soon as possible, be consulted in all matters mentioned in sub-clause 3 of Article 320 of the Constitution;

(g)      when it is proposed to re-appoint a retired servant of the Government of India or State Government temporarily-

(i)       to a permanent posts created as addition to the cadre of the service from which he retired; or

(ii)      to a temporary post created as addition to the cadre of the service from which he retired; or (iii) any other temporary post the duties of which are similar to those normally discharged by members of that service;

(h)     the temporary appointment of an officer of the Indian Armed Forces to a Civil post or service for a period not exceeding 3 years;

(i)       when it is proposed to make appointment to posts on a contract basis for a period not exceeding five years;

(j)       the appointment of Political Assistants to Deputy Commissioner "Mizo District"[3].

Regulation - 4. Promotion.

It shall not be necessary to consult the Commission on the principles to be followed in making promotions or on the suitability of candidates for promotion in the following cases-

(a)        promotion to a service by an authority other than the Governor;

(b)        promotion from a lower to higher grade or post within the same service according to the rules of the service :

Provided that if it is proposed to promote an officer from one grade to another, the Commission shall be consulted if direct recruitment to the higher grade can be made after consulting the Commission;

(c)      as regards the suitability for promotion from one service to another of a candidate not recommended by the authority prescribed in the rules regulating such promotion;

(d)      officiating promotion for a period which is not likely to last for more than one year :

Provided that if the period of officiating promotion is extended beyond the term for which it was originally sanctioned, the period of promotion shall, for purposes of this regulation, be reckoned from the date when the promotion originally took effect and not from the date of the extension of the period.

Regulation - 5. Transfer.

It shall not be necessary to consult the Commission on the principles to be followed in making transfer, or on the suitability of candidates for transfer from one post to another in the same service.

Regulation - 6. Disciplinary cases.

It shall not be necessary for the Commission to be consulted in disciplinary matters-

(a)      by any authority other than the Governor, whether the order passed is an original, an appellate or a revisionary order;

(b)      by the Governor unless he proposes to pass an original order imposing any of the following penalties or unless an appeal, if admissible under the rules, has been submitted to him against an order of a lower authority imposing any of the following penalties-

(i)       withholding of increments or promotion, but excluding stoppage at an efficiency bar;

(ii)      reduction to a lower post or time scale or to a lower stage in a time scale or to a lower grade in a graded scale;

(iii)     recovery from pay of the whole or part of any pecuniary loss caused to the State Government by negligence or breach of order;

(iv)    removal;

(v)      reduction of pension;

(vi)    dismissal;

(vii)   compulsory retirement;

(c)      by the Governor, when rejecting a petition or memorial;

(d)      in any case in which the Commission has at any previous stage been consulted as to the order to be passed and no fresh question has thereafter arisen for determination.

Illustrations

(1)     The stoppage of an officer appointment by the Governor at an efficiency bar does not require consultation with the Commission.

(2)     An officer is censured by the Governor. It is not necessary to consult the Commission, before the order of censure is passed.

(3)     An officer is suspended pending an enquiry into his conduct. The Commission need not be consulted before the order of suspension is passed.

(4)     It is proposed to dismiss a State Service Officer or to reduce his pension. The Commission must be consulted before an order is passed by the Governor.

(5)     It shall not be necessary to consult the Commission in any case relating to-

(i)       the termination of probation of any person;

(ii)      the discharge or reversion of a person otherwise than as penalty;

(iii)     the termination of the employment of a person in accordance with the terms of his contract or employment;

(iv)    the imposition of any penalty laid down in any rule or order for failure to pass any test or examination within a specified time.

(6)     Reduction in pension is a disciplinary case. The pension of an official is reduced by the Head of a Department. The appeal is filed before the Governor. The Commission should be consulted before the appeal is disposed of by Governor.

(7)     An assistant in a district office is dismissed by the District Officer. He appeals to the Governor. The Commission will be consulted before an order is passed by the Governor.

(8)     An official in a subordinate service is dismissed by the Head of a Department. An appeal is made to the Governor. It is not necessary for the Head of the Department to consult the Commission before dismissing the official. But the Commission should be consulted by the Governor before deciding the appeal.

(9)     An officer who was dismissed by an original order of the Governor memorializes the Governor against that order. The Commission need not be consulted on the memorial if the order of dismissal was after consulting the Commission.

(10)   An official was dismissed and his appeal rejected by an authority subordinate to the Governor. He memorializes the Governor against that order. The Commission must be consulted before the Governor re-instates him but not if the Governor decides to reject his memorial.