THE
ASSAM PUBLIC SERVICE COMMISSION REGULATIONS, 1951[1] In
excercise of the powers conferred by Article 318 of the Constitution of India,
the Governor of Assam is pleased to make the following regulations as respects
the Composition and staff of the Assam Public Service Commission, their tenure
of office and condition of service. PART-I INTRODUCTORY These
regulations may be called the Assam Public Service Commission Regulations,
1951. These
regulations shall extend to the whole of the State of Assam and shall come into
force at once. In
these regulations, unless there is something repugnant in the subject or
contest- (i) "Governor"
means the Governor of Assam; (ii) "Commission"
means the Assam Public Service Commission; (iii) "Chairman"
means the Member of the Commission who is appointed Chairman; (iv) "Member"
means a Member of the Assam 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 (i) The Commission shall
consist of a Chairman and six other Members including a Women Member. (ii) The Chairman and
Members of the Commission shall be competent, honest and impartial person of
outstanding ability, integrity and high reputation who command confidence of
the people and who would not allow themselves to be deflected by an extraneous
consideration from discharging their duties of making selection on merit. (iii) As nearly as may be
on-half of the Members of the Commission shall be persons who at the date of
their respective appointments have held office for atleast ten years either
under the Government of India or under the State Government. (iv) The Woman Member
should be an eminent woman who have adequate qualifications and have shown
capacity in dealing with the problems relating to woman or who has been holding
the post of head or additional head in any Department of the State Government
or who is a Principal or Professor of any Government College including
Professional Colleges or she must be a reputed Advocate, Chartered Accountant,
Medical Practitioner, Principal, Professor of University or aided Colleges. (v) Among the seven
Members including the Chairman atleast three Members shall be appointed from
persons having requisite administrative experience as laid down in clause (iii)
and have served atleast as Secretary to the State Government. (vi) The Governor of Assam
or his nominee shall administer the oath of Secrecy to the Chairman and Members
before entering upon their office according to the following form, namely- I,
A having been appointed as Chairman/Member of the Assam Public Service
Commission do swear in the name of God and solemnly affirm that I will bear
true faith and allegiance to the Constitution of India as by law established
and that I will faithfully discharge the duty upon which I am about to
enter."][2] (i) A Member of the
Commission shall hold office for term of 6 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 writting under his
hand, addressed to the Governor, resigned 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 (I) or clause (3) of Article 317 of
the Constitution; (ii) Suspended in the
manner provided in clause (2) of Article 317 of the Constitution. Deleted
Regulation 6 read as follows-- "6. (i)
A Member who at the date of his appointment was in the service of the
Government of India or of any State Government, may be granted leave under the
rules applicable to him and his services 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) Leave on leave salary
equivalent to full pay upto one-eleventh of the period spent on duty as a
Member, subject to a maximum of four months at any one times. (b) Leave on medical certificate
on leave salary equivalent to half pay, subject to maximum of three months at
any one time. (c) Extraordinary leave
without allowance subject to a maximum of three months at any one time." PAY
AND ALLOWANCES OF THE CHAIRMAN AND MEMBERS (a) The Chairman of the
Commission shall receive his pay of Rs. 7,000/- (Rupees seven thousand)
(consolidated) per mensem and the Member shall receive his pay of Rs.
6,500/-(Rupees six thousand five hundred) (consolidated)" per mensem
without allowance,"][3]
as may be admissible to State Government employees"][4],
subject to the provisions of Rule 7.A(2) as amended: 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 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 or retirement benefits, if any, or at the option of
the person, 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 subject to the provisions of the rules in Chapter-X of the Assam
Services (Pension) Rules, 1969: Provided
further that a person who had been in the service of the Government, a local
body, a University or any other 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 Subsidiary
Rules. Explanation-
For the purpose of these Regulation-- (i) service under the
Union or a State Public 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
capitale thereof, or his directly or through its nominees, substantial control
over its working. (b) Dearness Allowance-
The Chairman and other members shall receive Dearness Allowance and Additional
Dearness Allowance at the rates applicable from time to time to the State
Government servants with the same maximum; (c) (i) Other facilities-
The Chairman and other members shall be entitled to the facilities for medical treatment
and accomodation in hospitals as admissible to the Secretaries to the
Government of Assam; (ii)
The Chairman and other members shall be entitled to the facilities of House
Rent Allowance as admissible to the State Government servants"]; ["(d) Notwithstanding anything contained
hereinbefore, a person while in the Service of the Government, a local body, a
University or any other body wholly or partially controlled by the Government,
if appointed as the Chairman or a Member of the Commission, or who is
continuing as the Chairman or a Member of the Commission on the date making of
the Assam Public Service Commission (Amendment) Regulations of 1983, having
been so appointed, shall be entitle to continue to receive, at his option to be
excercised, once and for all, within six months of the aforesaid date or from
the date of his appointment as such, the scale of any pay with usual increments
and other allowances and admissible dearness allowance as also the Medical
facilities enjoyed by him on the date of his appointment as such Chairman or a
Member."][5] (1) 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 provision
of these Regulations. (2) (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 may elect to draw his pension and
other retirement benefits admissible to him under the rules applicable to him
in respect of his Government service, or may elect to grant his service in the
Commission as qualifying service for the retirement benefits, subject to the
over all ceiling of the amount of the retirement benefits which the officer
whould have drawn, had he not been appointed to the Commission and continued
service. (b)
The option as in sub-clause (a) of this clause shall be exercised within a
period of six months from the date of his assuming the office in the Commission
or from the date of commencement of these Regulations, whichever is later in an
individual case. The option once exercised shall be final. (c)
In case a member, who was in the service of the Central or a 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 7, 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."][6] PART-III LEAVE (i) A member who at the
date of his appointment was in the service of the Government of India or of any
State Government, may be granted leave under the rules applicable to him and
his services 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."][7] (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) Leave on leave salary
equivalent to full pay upto one-eleventh of the period spent on duty as a
Member, subject to a maximum of four months at any one time; (b) Leave on medical
certificate on leave salary equivalent to half pay, subject to maximum of three
months at any one time; (c) Extraordinary leave
without allowance subject to a maximum of three months at any one time. "Subject
to the provisions of Rule 8(i)"[8] leave
at the credit of the Chairman or any other Member shall lapse on the date on
which he shall vacate office under Regulation 5 : Provided
that if in sufficient time before the date he has-- (i) formally applied for
leave and been refused it, or (ii) ascertained in
writing from the sanctioning authority that leave, if applied for, would be
granted, in either case the ground for refusal being the requirements of the
public service, he shall be paid, by way of compensation, a sum equal to the
leave salary for the period of leave so refused subject to a maximum of four
months from the date immediately following that of the vacation of office. 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 laps on the date of his appointment
at the Chairman or a member, but shall be carried forward and can be availed of
during his tenure as Chairman or a member, subject to the provision of Rule
8(i) of these regulations."][9] PART-IV PENSION OF MEMBERS NOTE In
the said Regulations, for 'Rule 10' the following has been substituted. Pension
payable to members who were in the service of the Central or a State
Government. (1) A member who, at the
time of his appointment as such, was in the service of the Central or a State
Government shall, at his option to be exercised within a period of six months
from the date of his appointment, be entitled to draw his pension and other
retirement benefits under the rules applicable to the service to which he
belonged with effect from the date of his appointment as member : Provided
that, in such event his pay as member shall be reduced by an amount equivalent
to the gross pension (including any portion of the pension which may have been
commuted) and the pension equivalent of other retirement benefits and he shall
be entitled to draw his pension and other retirement benefits separately. (2) A member, who at the
time of his appointment as such, was in the service of the Central or a State
Government, if he does not exercise the option mentioned in sub-regulation (1),
shall count his service as Member for pension and retirement benefits under
rules applicable to the service to which be belonged immediately before such
appointment. Pension
payable to members who were not in the service of the Central or a State
Government etc. (1) Subject to the
provisions of these regulations every members who at the date of his
appointment as such was not in the service of the Central or a State
Government, a local body, or any other body wholly or substantially owned or
controlled by Government shall, on his ceasing to hold office as such member,
be paid a pension : Provided
that no such pension shall be payable to a member- (a) unless he has
completed not less than three years of service for pension as such member; or (b) if he has been
removed from office as such member. (2) Pension under these
regulations shall be payable to a member for life. (3) Pension under this
regulation shall be paid at the following rates, namely-- (i) in the case of the
Chairman, Rupees nine thousand two hundred and forty per annum; if he has
completed six years of service; and (ii) in the case of the
Member, Rupees eight thousand and four hundred per annum; if he has completed
six years of service : Provided
that where the service rendered by a member is for a period of three years or
more but less than six years, the amount of the pension shall be determined in
accordance with the following formula, namely-- Completed
years of pension service for shall be multiplied by the amount of the maximum
pension admissible under clause (i) or clause (ii), as the case may be, and
shall be divided by six. EXPLANATION-I
- Where a member, who has completed not less than three years of service for
pension resigns from his post and such resignation is accepted by the Governor,
pension shall be payable to such member in accordance with these regulations. EXPLANATION-II
- The duration of service of a person as member shall be computed in terms of
completed years; but if the service rendered is six months or more, additional
benefits of half a year's pension may be allowed. (4) Every member referred
to in sub-regulation (1) shall be eligible for graded relief in pension at the
rates applicable to a Government Officer of the State. (5) Commutation will be
permissible in respect of pensions granted under this regulation in accordance
with the rules applicable to State Government Officers of the highest grade. (1) No pension shall be
payable under these regulations to a member- (i) who, at the date of
his appointment as such, was in the service of a local body or any other body
wholly or substantially owned or controlled by Government; or (ii) who, at the date of
his appointment as such, had retired from service under the Central or a State
Government, a local body or any other body wholly or substantially owned or
controlled by Government; if he is in receipt of, has received or has become
entitled to receive, any retirement benefit by way of pension, gratuity,
payment from any Contributory Provident Fund or otherwise, but such person may,
at his option, come under the pension scheme under these regulations, if the
amount of the pension or the pensions equivalent of the retirement benefits or
both admissible to him in accordance with the rules and orders of the service
to which he belonged falls short of the amount of the pension admissible to him
under these regulations. (2) A member holding
office as such shall communicate the option referred to in sub-regulation (1)
in writing to the Governor during his tenure as such member, the option once exercised
being final. (3) Any such member, so
exercising his option under this regulation shall, in case he has received any
retirement benefit, by way of pension including any commuted value thereof,
gratuity or the Government's or the employer's contribution as the case may be,
to any contributory Provident Fund together with any interest thereon, in
respect of the said service, refund the entire amount of the said retirement
benefits in a lump sum and in case he has become entitled to receive but has
not actually receive the retirement benefits, herein before referred to in this
sub-regulation, signify in writing that he has agreed to forego his right
receive the same."][10] PROVIDENT FUND 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 (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) A Member who at the
date of his first appoinment is not in the service of the Government of India
or of a State shall, for his journey to join his appointment as a Member draw
the travelling allowance admissible on transfer to an officer to 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
Assam Subsidiary Rules for a Senior grade officer of the rank of Secretary to
the Government of Assam."][11] PART-VI STAFF OF THE
COMMISSIONS AND THEIR CONDITIONS OF SERVICE 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 determine. (i) The Secretary of the
Commission 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 the Commission, may with the approval of the Governor extend the
tenure of Secretary for a further period not exceeding one year. (ii) The Secretary shall
not be given dual charge of the Commission. (iii) The Secretary shall
play a responsible role in the conduct of examinations in direct recruitment
and he should undergo training at the Union Public Service Commission to
acquaint himself with the functioning of the Public Service Commission. (iv) The Controller of
Examination of the Commission shall be responsible to the Secretary of the
Commission."][12] 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 such amount
may be determined by the Government from time to time."][13] In
respect of all other matters for which provision is not made by 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. ["16.
(i) Deleted"] The
Ministerial Gazetted Staff shall be appointed by the Commission from amongst
Ministerial Officers of the office of the Commission on the basis of
Seniority-cum-merit, and Non-Gazetted Staff including the fourth
Grade-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 grade in the
Assam Secretariat."][14] The
Commission in case of the Gazetted Staff and the Secretary, in case of the
non-gazetted staff including the Grade-IV employees, shall be the authority who
may impose any of the penalties prescribed in Rule 7 of the Assam Services
(Discipline and Appeal) Rules, 1964 and the Governor, in respects of the Gazetted
staff and the Commission in respect non-gazetted staff including the Grade IV
employees, shall be the appellate authority. 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. [1] Source Government of
Assam Publication 1987 Edition. [2] NOTE- Before
substitution Regulation "4" read as follows- "4.
The Commission shall consist of a Chairman and such other Members, not
exceeding ten in number." Regulation
"4" which was earlier substituted vide Notification No.ABP.71/86/144,
dated the 7th November, 1991, Published in the Assam Gazette Part IIA, dated
8th January, 1992 and with effect from 7th December, 1991 vide Notification
No.ABP.7/86/ 157, dated the 7th December, 1991 [Published in the Assam Gezette,
Part IIA, (No. 2) dated 8th January, 1992] read as follows- "4.(i)
A Member of the Commission shall hold office for term of 6 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 writting
under his hand, addressed to the Governor, resigned 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 (I) of clause (3) of Article 317 of
the Commission; (ii)
Suspended in manner provided in clause (2) of Article 317 of the
Constitution." [3] Substituted
Regulation "7" vide Notification No. ABP.2/81/62, dated the 18th
August, 1981(with effect from 18th August, 1981). [4] Subsituted for the
words and figures in Regulation "7(a)" the Chairman of the Commission
shall receive his pay at Rs. 2800/- per mensem and a Member shall receive a pay
at Rs. 2500/- per mensem with usual allowances as may be admissible to State
Government employees" vide Notification No.ABP.2/89/220. dated the 23rd
March, 1990 (with effect from 1st September, 1989) [ Published in Assam
Gezette, Part IIA, dated 7th Nov, 1990] p-849-852. Which
was earlier Substituted for the words and figures "7(a) the Chairman of
the Commission shall receive his pay at the scale of Rs. 2500-125-2750 and a
member shall receive a pay of Rs. 2000. per mensem as amended by the A.P.S.C.
(Amendment) Regulation, 1987, [Published in the Assam Gazette Extraordinary,
(No. 35) dated 8th April, 1987] p-230. [5] Substituted after
clause (ii) in sub-regulation (c) of Regulation 7, vide Notification
No.ABP.155/82/152, dated the 16th April, 1983 (with effect from 1st day of
August, 1979), which was added vide Notification No. AR.2/81/70, dated the 20th
February, 1982 (with effect from 1st day of August, 1979). [6] Inserted as new
Regulation "7A". vide Notification No. AR.2/81/62, dated the 18th
August, 1981(with effect from 18th August, 1981). [7] Substituted Clause
"(ii)" of Rule 8, vide Notification No.ABP. 124/64/43, dated the 24th
October, 1968 (it shall come into force at once.) [Published in the Assam
Gazette, Part IIA, dated 11th December, 1968.] [8] Aided in Rule 9 the
words "Subject to the provisions of Rules 8(i)" vide Notification
No.AR.2/81/62 dated the 18th August, 1981 (with effect from 18.8.1981.) [9] Inserted as new Rule
"9A" by Ibid. [10] Substituted
Regulation "10" vide Notification No.ABP.2/89/220 dated the 23rd
March, 1990 (with effect from 1st September, 1989)[ Published in the Assam
Gazette, Part IIA, dated 7th November, 1990] pp-849-852 (No. 45). NOTE-
Before substitution Regulation "10" read as follows- "10.
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 and shall, unless the
Member be a member of the Indian Civil Service or entitled to a pension under Army
Regulations, also count for additional higher pension in the case of the
Chairman and for the lower in the case of other Members under Article 475A of
the Civil Service Regulations or Article 114 of the Assam Pension Manual or any
other rules and orders in force as the case may be: 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 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." [11] Substituted clause
(iii) of Regulation 12, vide Notification No.ABP.66/65/179, dated the 11th
October, 1971 (it shall come into force with immediate effect) [Published in
the Assame Gazette, Part-IIA, dated 3rd November, 1971]. [12] Substituted
Regulation "14" vide Notification No.ABP.5/2002/84, dated the 5th
January, 2005 (with effect from 22.2.2005), [Published in the Assam Gazette
Extraordinary, dated 22nd January, 2005] pp-485-487(No. 58). NOTE-
Before substitution Regulation "14" read as follows- "14.
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)
when 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." [13] Substituted for the
words "of Rs. 150 per mensem" vide Notification No.ABP.97/79/2, dated
the 3rd May, 1979 (with effect from 1st January, 1970). [14] Substituted
Regulation "17" vide Notification No.ABP.66/65/179 dated the 11th
October, 1971 (it shall come into force with immediate effect). [Published in
the Assam Gazette, Part IIA, dated 3rd November, 1971.]THE
ASSAM PUBLIC SERVICE COMMISSION REGULATIONS, 1951
PREAMBLE
Regulation – [4.