THE RAJYA SABHA SECRETARIAT

(RECRUITMENT AND CONDITIONS OF SERVICE)

RULES, 1957*

 

 

S.R.O. 844In exercise of the powers conferred by clause (3) of Article 98 of the Constitution of India, the President, after consultation with the Chairman of the Rajya Sabha, hereby makes the following rules regulating the recruitment, and the conditions of service of persons appointed, to the secretarial staff of the Rajya Sabha, namely: -

 

PART I—GENERAL

 

1.    Short title and commencement-- (1) These rules may be called the Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957.

 

(2)     They shall come into force at once.

 

2.      Definitions – In these rules, unless the context otherwise requires: -

 

(a)     “Chairman” means the Chairman of the Rajya Sabha;

 

(b)     “Constitution” means the Constitution of India;

 

(c)     “Deputation” means the temporary transfer or loan of the services of an officer from or to the Secretariat to or from any office outside the Secretariat;

 

(d)     “Disciplinary Authority”, in relation to the imposition of a penalty on an officer, means the authority competent under these rules to impose on him that penalty;

 

(e)     “Ministry of Finance” means the Ministry of Finance of the Government of India;

 

(f)      “Officer” means a person appointed to, or borne on the cadre of, the secretarial staff of the Rajya Sabha;

 

(g)     “Post” means a post in the Secretariat and post shall be deemed to be a post in Class I, Class II, Class III or Class IV, according as such post is specified in Class I, Class II, Class III or Class IV, as the case may be, in the Second Schedule;

 

(h) “pre-1931 entrant” means a Government  servant in continuous employ of the Government of India from the 16th August 1947 or any earlier date and who –

 

either

 

was in continuous Government service in a substantive or other capacity from a date prior to the 16th July 1931, and was not governed by the Revised Rates of Pay Rules. 1933:

 

or

 

entered Government service on or after the 16th July, 1931, but was wholly exempted from the operation of the Revised Rates of Pay Rules, 1933, by special orders.

 

Explanation - Service of an Government servant re-employed after retirement shall not be deemed to be continuous for the purpose of this clause.  On re-employment, he shall not be treated as a pre-1931 entrant.

 

(i)      “Schedule” means a Schedule to these rules;

 

(j)      “Secretary” means the Secretary of the Rajya Sabha;

 

(k)     “Secretariat” means the Rajya Sabha Secretariat;

 

(l)      "an officer in Class I, Class II, Class III or Class IV" means an officer holding a post specified in Class I, Class II, Class III or Class IV as shown in the Second Schedule.

 

  

3.      Strength and composition of the Secretariat —(1) There shall be in the Secretariat: --

 

         (a)     Such number of permanent posts as are specified in the First Schedule; and

 

(b)     Such number of temporary posts of the categories specified in the Second Schedule as the Chairman may, from time to time, by order sanction:

 

         Provided that no order sanctioning the creation of a temporary post in Class I above the rank of Under Secretary shall be issued by the Chairman except after consultation with the Ministry of Finance.

 

(2)     The Chairman may, from time to time, amend the First Schedule by increasing or reducing the number of posts specified therein or by adding thereto any new category of post or posts :

 

         Provided that when such amendment relates to a post in Class I or Class II, no order sanctioning the amendment shall be made by the Chairman except after consultation with the Ministry of Finance.

 

PART II —RECRUITMENT

 

 

4.      Method of recruitment. – (1) Recruitment to a post or class of posts may be made by one or more of the following methods namely: --

 

                  (a)       by promotion of a person employed in the Secretariat;

 

                  (b)      by permanent transfer or deputation of a person serving outside the Secretariat in connection with the affairs of the Union or of a State;

 

                  (c)       by direct recruitment.

 

         (2)     The Chairman may, from time to time, by general or special order –

 

                  (a)     Specify the method or methods by which recruitment to a post or class of posts shall be made;

 

                  (b)     in case of recruitment by more than one such method, determine the proportion of vacancies to the filled by each method; and

 

      (c)     in case of direct recruitment, specify the manner in which such recruitment shall be made.

 

 

5.    Qualifications for appointment - The qualifications required for appointment to the various categories of posts by departmental promotion or otherwise shall be such as the Chairman may, from time to time, by general or special order, specify.

 

6.      Appointing Authority - All appointments to the posts shall be made by the Chairman:

 

Provided that the Chairman may, by general or special order, delegate to the Secretary or any other officer of the Secretariat, his power to make appointments to any post or class of posts specified in such order other than posts in Class I

 

 

7.    Probation – Every person appointed to a permanent post by direct recruitment, with a view to his eventual substantive appointment to that post, shall be on probation for a period of two years:

 

Provided that the period of probation may, in the case of any particular person or post, be extended or reduced by order of the authority competent under rule 6 to make appointment to the post for the time being held by such person or to such particular post as the case may be.

 

PART III —PAY, LEAVE PENSION AND CERTAIN OTHER CONDITIONS OF

SERVICE

 

8.    Pay, Leave, Pension and Age of Compulsory Retirement --  Subject to the provisions of rules 11 and 12, --

 

(a)     the pay or scale of pay attached to each of the posts specified in column 1 of the Second Schedule shall be as set out against it in column 3 of that Schedule :

 

Provided that in the case of a pre-1931 entrant, who has not elected the pay or the scale of pay so set out, the pay or scale of pay attached to the post held by him shall be the pay or scale of pay as set out against it in column 2 of that Schedule;

 

(b)     the rules relating to the grant of leave and pension to officers and the age at which they shall be required to retire from service shall be as set out in the Third and Fourth Schedule;

 

(c)     notwithstanding anything in clause (a) or clause (b) the holder of the post of Secretary at the time these rules come into force shall be governed in the matter of pay, leave, pension and age of retirement, by the provisions specified in the Fifth Schedule;

 

(d)     the Chairman may, from time to time, by general or special order, after consultation with the Ministry of Finance, amend any provision in the Second, Third  and Fourth Schedules.

 

 

9.    Seniority of Officers— The seniority of officers shall be determined in accordance with such provisions as the Chairman may, from time to time, by general or special order, make.

 

 

10.  Other Conditions of Service In respect of all other matters regulating the conditions of service of officers for which no provision or insufficient provision has been made in these rules, officers shall be governed by such rules as are applicable to the officers holding corresponding posts in the Central Secretariat, subject to such modifications, variations or exceptions, if any, in such rules, as the Chairman may, after consultation with the Ministry of Finance, from time to time, by order specify.

 

Explanation.—For the purposes of this rule, the posts specified in column 1 of the Sixth Schedule shall correspond to the posts in the Central Secretariat specified in the corresponding entries in column 2 of that Schedule.

 

11.  Relaxation in exceptional cases—Where the Chairman is satisfied that the operation of any rule or provision in the matter of the conditions of service of any officer causes undue hardship in any particular case, the Chairman may, after consultation with the Ministry of Finance, by order dispense with, or relax the requirements of that rule or provision, to such extent and subject to such conditions as may be  considered necessary for dealing with the case in a just and equitable manner.

 

12.  Conditions of service of officers on deputation to the Secretariat --  An officer while on deputation to the Secretariat may be permitted to retain, to such extent and subject to such conditions as may be determined  by the Chairman after consultation with the Ministry of Finance, the terms and conditions of service which were applicable to him immediately before  his deputation to the Secretariat.

 

PART IV — CONTROL AND DISCIPLINE

 

13.    ControlAll officers shall be subject to the superintendence and control of the Chairman.

 

14.    Penalties The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an officer, namely :-

 

(i)      censure;

 

(ii)     withholding of increments or promotion;

 

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

 

(iv)    reduction in rank including reduction to a lower post or time-scale, or to a lower stage in a time-scale;

 

(v)    compulsory retirement;

 

(vi)    removal from service in the Secretariat which shall not be a disqualification for future employment;

 

         (vii)   dismissal from service in the Secretariat which shall ordinarily be a disqualification for future employment.

 

Explanations.--- (1) The termination of employment of an officer or reversion of an officer to his permanent post during or at the end of the period of probation, or the termination of employment of a temporary officer in accordance with the terms of his appointment or  in accordance with the terms of the agreement under which he is employed, or the replacement of the services of an officer whose services have been borrowed from any office outside the Secretariat at the disposal of the authority which had lent the services, does not amount to removal or dismissal within the meaning of this rule.

 

(2)  The stoppage of an officer at the efficiency bar in the time scale of his pay on the ground of his unfitness to cross the bar does not amount to withholding of increments or promotion within the meaning of this rule.

 

(3)     A refusal to promote an officer, after due consideration of his case to a post or grade to which promotions are made by selection, does not amount to withholding of promotion within the meaning of this rule.

 

(4)     The reversion to a lower post of an officer who is officiating in a higher post, after a trial in the higher post or for administrative reasons (such as, the return of the permanent incumbent from leave or deputation, availability of a more suitable officer and the like) does not amount to reduction in rank within the meaning of this rule.

 

(5)     The compulsory retirement of an officer in accordance with the provisions relating  to his superannuation or retirement shall not amount to a penalty under this rule.

 

(6)     The withholding of increments of an officer for failure to pass a departmental examination in accordance with the rules or orders governing the post or the terms of his appointment does not amount to withholding of increment within the meaning of this rule.

 

15.        Disciplinary AuthoritiesSubject to the provisions of these rules, the Chairman shall have the power to impose any of the penalties specified in rule 14 on any officer:

 

Provided that the Chairman may, subject to the provisions of Article 311 of the Constitution, by general or special order, delegate to the Secretary or any other officer the power to impose in accordance with the provisions of these rules any of the said penalties on any officer other than an officer in Class I.

 

 

16.          Procedure for imposing major penalties – (1) Without prejudice to the provisions of the Public Servants’ (Inquiries) Act, 1850, no order shall be passed imposing any of the penalties specified in clauses (iv) to (vii) of rule 14 on an officer unless he has been informed in writing of the grounds on which it is proposed to take action and has been afforded an opportunity of defending himself in the manner hereinafter provided.

 

(2)    The grounds on which it is proposed to take action shall be reduced to the form of a definite charge of charges which shall be communicated to the officer charge together with a statement of the allegations on which each charge is based and of any other circumstances which it is proposed to take into consideration in passing orders on the case.

(3)  The Officer shall be required, within such time as may be considered by the Disciplinary Authority to be reasonably adequate in the circumstances of the case, to put in a written statement of his defence and to state whether he desires to be heard in person.

(4)   The officer charged may ask for permission to inspect and take notes from official records for the purpose of preparing his written statement, provided that the Disciplinary Authority may, for reasons to be recorded in writing, refuse him such permission if in its opinion such records are not strictly relevant to the case of it is not desirable in the public interest to grant such permission.

(5)   After the written statement is received from the officer in accordance with sub-rule (3), or, if no such written statement is received within the time allowed, the Disciplinary authority may, if it considers it necessary, appoint a Board of Inquiry or an inquiry Officer to inquire into the charges framed against the officers and shall have the charges inquired into as provided in sub-rule (6). If the Disciplinary Authority does not consider it necessary to appoint a Board of Inquiry or an Inquiry Officer, the Disciplinary Authority shall itself inquire into the charges in such manner as it deems fit.

(6)   If the Officer desires to be heard in person, he shall be so heard. If he desires that an oral inquiry be held, or if the Disciplinary authority so directs, an oral inquiry shall be held by the Board of Inquiry or the Inquiry officer, as the case may be. At such inquiry, evidence shall be taken as to such of the allegations as are not admitted and the officer charged shall be entitled to cross examine the witnesses who give evidence in person and to have such witnesses called as he may wish.

 

Provided that the Board of Inquiry or the Inquiry officer, as the case may be, may, for reasons to be recorded in writing, refuse to call any witness whose evidence is, in the opinion of the Board or Officer, not relevant or material.

 

(7)     At the conclusion of the inquiry, the authority inquiring into the charges shall prepare a report of the inquiry recording its findings on each of the charges together with the reasons therefore. If, in the opinion of such authority, the proceedings of the inquiry establish charges different from those originally framed, it may record its findings on such charges :

 

Provided that the findings on such charges shall not be recorded unless the officer charged has admitted the facts constituting them or has had an opportunity of defending himself against them.

 

(8)   The record of the inquiry shall include-

 

(i)      the charges framed against the officer and the statement of allegations furnished to him under sub-rule (2)

 

(ii)     his written statement of defence, if any;

 

(iii)    the evidence recorded in the course of the inquiry;

 

(iv)    the orders, if any, made by the Disciplinary Authority and the authority making the inquiry in regard to the inquiry; and

 

(v)     a report setting out the findings on each charge and the reasons therefore.

(9)     The Disciplinary Authority shall, if it is not the inquiring authority, consider the record of the inquiry and determine which of the findings of the Board of Inquiry or of the Inquiry Officer, as the case may be, it accepts.

(10)  If the Disciplinary Authority, having regard to the findings recorded or accepted by it, is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 14 should be imposed, it shall –

 

(a)     furnish to the officer a copy of the report of the inquiry together with a statement of such findings; and

 

(b)     give him a notice stating the action proposed to be taken in regard to him and calling upon him to submit within a specified time, such representation as he may wish to make against the proposed action:

 

Provided that if the Disciplinary Authority disagrees with any part or the whole of the findings of the Board of Inquiry or the Inquiry Officer, the point or points of such disagreement together  with a brief statement of the grounds therefore shall also be communicated to the officer.

(11)  The Disciplinary authority shall, determine, having regard to the findings recorded or accepted by it, and the representation, if any, made by the officer under sub-rule (10), what penalty if any, should be imposed on the officer and pass appropriate orders on the case and the orders so passed shall be communicated to the officer.

(12) Notwithstanding anything contained in this rule, it shall be lawful for the Disciplinary Authority to waive, for good and sufficient reasons to be recorded in writing, any of the provisions of this rule excepting sub-rule (10) in any exceptional case where such authority is satisfied that there is difficulty in strictly complying with such provisions and that compliance with such provision can be waived without any injustice to the officer concerned.

 

 

17.  Procedure for imposing minor penalties

 

 (1)    No order shall be passed imposing any of the penalties specified in clauses (i) to (iii) of rule 14 on, an officer except after –

 

(a)     the officer is informed in writing of the proposal to take action against him and of the allegations on which such action is proposed to be taken and he is given an opportunity to make any representation which he may wish to make; and

(b)  such representation, if any, is taken into consideration by the Disciplinary Authority and the order so passed shall be communicated to the officer.

 

(2)     The record of proceedings in such cases shall include –

 

(i)      a copy of the intimation to the officer of the proposal to take action against him;

 

(ii)     a copy of the statement of allegations communicated to him;

 

(iii)    his representation; if any; and

 

(iv)    the orders on the case together with the reasons therefore.

 

 

18.    Special procedure in certain cases The provision of rules 16 and 17 shall not apply-

 

(a)     where the penalty is imposed on an officer on the ground of conduct which has led to his conviction on a criminal charge;

 

(b)  where the authority empowered to impose the penalty is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or

 

(c)     where the President is satisfied that in the interest of the  security of the State it is not expedient to follow such procedure, and in any such case, the Disciplinary Authority may, after consideration of the circumstances of  the case, pass such orders thereon as it deems fit.

 

 

19.    Suspension pending disciplinary proceedings – (1) If having regard to the nature of the charges and the circumstances in any case, the Disciplinary Authority who initiates any disciplinary proceedings is satisfied that it is necessary or desirable to place under suspension the officer against whom such proceedings are started, it may-

 

(a)     if the officer is serving in the Secretariat, pass an order placing him under suspension, or

 

(b)     if the officer is serving outside the Secretariat, request the borrowing authority to place him under suspension, pending the conclusion of the inquiry and the passing of the final order in the case.

 

(2)     An officer who is detained in custody, whether on a criminal charge or otherwise, for a period longer than forty-eight hours, shall be deemed to have been suspended under this rule.

 

(3)   An officer against whom a criminal charge is pending may at the discretion of the Disciplinary Authority, be placed under suspension until the termination of the proceedings if the charge is connected with his position as an officer of the Secretariat or is likely to embarrass him in the discharge of his duties in the Secretariat or involves moral turpitude:

 

Provided that in the case of an officer on deputation to the Secretariat, the Secretariat shall without delay inform the lending authority of the circumstances in which that officer was placed under suspension.

 

(4)     An officer who is placed under suspension shall, during the period of such suspension, be entitled to receive payment as a subsistence allowance, of such amount as the Chairman may, from time to time, by general or special order, specify.

 

 

20.    Disciplinary action against an officer on deputation outside the Secretariat – (1) where the services of an officer are lent to the Central Government or any authority subordinate thereto for any work in any office outside the Secretariat or to a State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as “the borrowing authority”) the borrowing authority shall have the powers of the Disciplinary Authority under  these rules for the purpose of placing him under suspension and for the purpose of taking disciplinary proceedings against him :

 

 

Provided that the borrowing authority shall forthwith inform the Secretariat of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.

 

(2)     In the light of the findings in the disciplinary proceeding taken against the officer-

              

(a)     if the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (iii) of rule 14 should be imposed on the officer, it may in consultation with the Secretariat pass such orders on the case as it deems necessary :

 

Provided that, in the event of a difference of opinion between the borrowing authority and the Secretariat, the services of the officer shall be replaced at the disposal of the Secretariat;

 

(b)     If the borrowing authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 14 should be imposed on the officer, it shall replace his services at the disposal of the Secretariat and transmit to  it the proceedings of the inquiry, and thereupon the Disciplinary Authority may pass such orders on the case as it deems necessary after complying with the provisions of sub-rules (10) and (11) of rule 16.

      

Provided that the Disciplinary Authority may instead of making an order under this clause on the record of the inquiry transmitted by the borrowing authority, hold such further inquiry as it may deem necessary.

 

 

21.    Disciplinary action against an officer on deputation to the Secretariat – (1) Where an order of suspension is made or a disciplinary proceeding is taken against an officer whose services have been borrowed from the Central Government or State Government or an authority subordinate to the Central Government or a State Government or a local or other authority, the authority lending his services (hereinafter in this rule referred to as “the lending authority”) shall forthwith  be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding against him, as the case may be.

 

(2)     In the light of the findings in the disciplinary proceeding taken against the officer-

 

(a)     if the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (i) to (iii) of rule 14 should be imposed on the officer, it may, after consultation with the lending authority, pass such orders on the case as it deems necessary :

 

Provided that, in the event of a difference of opinion between the Secretariat and the lending authority, the services of the officer shall be replaced at the disposal of the lending authority.

 

(b)     if the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (iv) to (vii) of rule 14 should be imposed on the officer, the services of such officer shall be replaced at the disposal of the lending authority and the record of the inquiry shall be transmitted to such authority for such action as it deems necessary.

 

 

PART V --- APPEAL AND REVIEW

 

22.   Right of Appeal(1) An appeal shall lie to the Secretary against any order passed by any authority subordinate to the  Secretary  imposing any penalty specified in rule 14.

 

(2)     An appeal shall lie to the Chairman against any order passed originally, or on appeal, by the Secretary imposing or confirming any penalty specified in rule 14.

 

(3)     The orders of the Chairman whether passed originally or on appeal shall be final.

 

23.  Form and Contents of Appeal --- (1) Every person preferring an appeal shall do so separately and in his own name.

 

(2)     The appeal shall be addressed to the authority to whom the appeal lies and shall –

 

(a)     contain all material statements and arguments relied on by the appellant;

 

(b)     contain no disrespectful or improper language; and

 

(c)     be complete in itself.

 

24.          Submission of AppealsEvery appeal shall be submitted to the authority which made the order appealed against :

 

Provided that a copy of the appeal may be submitted direct to the appellate authority.

 

 

25.    Withholding of Appeals(1) The authority which made the order appealed against may withhold the appeal if –

 

(a)     it is an appeal against an order from which no appeal lies, or

 

(b)     it does not comply with the provisions of rule 23, or

 

(c)     it is not preferred within three months after the date on which the order appealed against was received by the appellant, and no reasonable cause is shown for the delay, or

 

(d)     it is repetition of a previous appeal which has already been decided and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case:

 

Provided that an appeal withheld on the ground only that it does not comply with the provisions of rule 23 shall be returned to the appellant, and, if re-submitted within one month thereof after compliance with the said provisions, shall not be withheld.

 

(2)     In every case in which an appeal is withheld the appellant shall be informed of the fact and the reasons therefor.

 

(3)     On the first day each of January and July every year, a list of appeals withheld by any authority under sub-rule (1) during the preceding six months together with the reasons for withholding them shall be furnished by that authority to the appellate authority.

 

 

26.    Transmission of Appeals(1) The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under rule 25, together with its comments thereon and the relevant records.

 

 

(2)     The appellate authority to whom the appeal lies may direct transmission to it of any appeal withheld under rule 25 and thereupon such appeal and the relevant records shall be transmitted to that authority together with the comments of the authority withholding the appeal.

 

27.   Consideration of AppealsIn deciding an appeal the appellate authority shall consider-

 

(a)     whether the procedure prescribed in these rules has been complied with, and if not, whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice;

 

(b)     whether the findings are justified; and

 

(c)     whether the penalty imposed is excessive, adequate or inadequate,

 

and pass orders –

 

(i)      setting aside, reducing confirming or enhancing the penalty; or

 

(ii)     remitting the case to the authority which imposed the penalty with such directions as it may deem fit in the circumstances of the case :

 

Provided that ---

 

(i)      the appellate authority shall not impose any enhanced penalty which neither such authority nor the  authority which made the order appealed against is competent in the case to impose;

 

(ii)     no order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and

 

(iii)    if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (iv) to (vii) of rule 14, and an inquiry under rule 16 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 18, itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry, pass such orders as it may deem fit.

 

28.          Implementation of orders in AppealThe authority which made the order appealed against shall give effect to the order passed by the appellate authority.

 

 

29.    ReviewNotwithstanding anything contained in these rules, the Chairman may, of his own motion or otherwise, review any order which has been passed by him –

 

(i)      imposing any penalty specified in rule 14, or

 

(ii)     in an appeal from an order passed either originally or on appeal imposing or confirming any such penalty, within a period of six months from the date of the order so passed by him and may, on such review, confirm, modify or set aside the order :

 

Provided that –

 

(a)     where it is proposed to enhance the penalty imposed by any such order passed by the Chairman, the officer concerned shall be given an opportunity of showing cause against the proposed enhancement; and

 

(b)     if the Chairman proposes to impose any of the penalties specified in clauses (iv) to (vii) of rule 14 in a case where any inquiry under rule 16 has not been held, he shall, subject to the provisions of rule 18, direct that such inquiry be held and thereafter, on consideration of the proceedings of the inquiry, pass such orders as he may deem fit.

 

 

PART VI --- MISCELLANEOUS

 

 

30.    Conduct of Officers --- Subject to the provisions of these rules, every officer shall be governed by such rules of conduct, discipline and control as the Chairman may, from time to time, by  general or special order, specify.

 

 

31.    Quasi-permanent and Temporary serviceThe Chairman may,  after consultation with the Ministry of Finance from time to time, make such rules as he considers necessary with respect to quasi-permanent or temporary service in the Secretariat.

 

 

32.    Authentication of orders passed by the ChairmanAny order  passed by the Chairman under the provisions of these rules and executed in the name of the Chairman shall be authenticated in  such manner as the Chairman may, from time to time, by general  or special order, specify.

 

33.    Residuary powersSubject to the provisions of rule 10, all matters incidental or ancillary to these rules not specifically provided for herein, shall be regulated in accordance with such order as the Chairman may, from time to time, make

 

 

34.   InterpretationAll questions relating to the interpretation of these rules shall be referred to the Chairman whose decision thereon shall be final :

 

Provided that all questions relating to the interpretation of rules 3, 8, 10, 11, 12, 31 and 33 and the First, Second, Third, Fourth and the Fifth Schedules, and any orders issued under these rules after consultation with the Ministry of Finance shall be decided by the Chairman after consultation with that Ministry.

 

 

35.  Repeal and savingsSave as otherwise expressly provided in these rules, all rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed :

 

Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.

 

 

THE FIRST SCHEDULE

[ See Rule 3 (1) (a)]

 

 

Serial No.

 

 

Designation of Post

 

No. of  permanent

posts sanctioned

 

CLASS I – GAZEETED

 

1.

Secretary

 

1

2.

Deputy Secretary

 

1

3.

Under Secretaries

 

3

4.

Superintendents

 

3

 

CLASS II – GAZETTED

 

5.

Chief Reporter

 

1

6.

Editor of Debates

 

1

7.

Private Secretary to Chairman

 

1

8.

Assistant Superintendents

 

6

9.

Private Secretary to Secretary

 

1

10.

First Personal Assistant to Chairman

 

1

CLASS II – NON-GAZETTED

 

11.

 

Reporters (English)

7

12.

Reporters (Hindi)

 

3

13.

Assistant Editors

 

3

14.

Assistants

 

24

15.

 

Information Assistant

1

 

16.

Printing Assistants

 

2

17.

Second Personal Assistant to Chairman

 

1

18.

Personal Assistant to Secretary

 

1

19.

Stenographers

 

2

CLASS  III

 

20.

Translators

 

8

21.

Lower Division Clerks

 

39

22.

Proof Readers

 

7

23.

Copy Holder

 

7

24.

Hindi Typists

 

3

25.

Senior Watch and Ward Assistant

 

1

26.

Junior Watch and Ward Assistant

 

2

27.

Staff Car Driver

 

1

 

28.

Despatch Rider

 

1

29.

Gestetner Operators

 

2

CLASS  IV

 

30.

Record Sorter

 

1

31.

Daftries

 

9

32.

Jamadars

 

3

33.

Peons

 

26

34.

Farashes

 

2

35.

Sweepers

2

 

 

 

 

 

 

 

THE SECOND SCHEDULE

[See Rules 2, 3 and 8 (a)]

 

Designation of Post

Pay or scale of pay

admissible to pre-1931

entrants

Pay or scale of pay otherwise

admissible

 

 

CLASS I – GAZETTED

 

 

Rs.

Rs.

 

 1. Secretary

 

3,000

 

3,000

 

 

* 2. Deputy Secretary

 

1,300-50-1,700

 

1,100-50-1,300-60-1,600-

100-1,800

 

 

 *3. Under Secretary

 

1,000-50-1,250 plus Special pay of Rs. 50 p.m.

 

 

800-50-1,150

 

  4. Superintendent

 

600-40-800

 

600-40-800

 

 

CLASS II GAZETTED

 

 

  5. Private Secretary to the      

      Chairman

 

 

600-40-800

 

530-30-800

 

   6. Chief Reporter

 

450-25-750 plus  special pay of Rs.100 p.m.

 

 

350-25-500-EB-30-650-EB-30-800 plus special pay of Rs.100 p.m.

 

 

 

 

  7. Editor of Debates

 

 

500-30-710

 

350-25-500-EB-30-650-EB-30-800

 

 

 

  8. Assistant Superintendent

 

 

275(325)-25-500 provided that an Assistant appointed to this post either by departmental promotion or by transfer will have his pay fixed under the Fundamental Rules subject to a minimum of Rs.325 p.m.

 

 

275(325)-25-500 provided that an Assistant appointed to this post either by departmental promotion or by transfer will have his pay fixed under the Fundamental Rules subject to a minimum of Rs.325 p.m.

 

Y 9. Private Secretary to

       Deputy Chairman

 

 

300-20-400

 

300-20-400

 

10. Private Secretary to

      Secretary (Grade-I)

     

 

300-20-400

 

275-25-500 provided that the pay of an Officer of Grade-II promoted to Grade-I will be fixed under the normal rules but at a stage not lower than Rs.325.

 

 

11. First Personal Assistant

      to Chairman (Grade-I)

 

 

 

 

275-25-500 provided that the pay of an officer of Grade-II promoted to Grade-I will be fixed under the normal rules but at a stage not lower than Rs. 325.

 

 

12. Assistant Watch & Ward

      Officer

 

 

 

 

 

275-25-500

 

CLASS II – NON-GAZETTED

 

 

13. Marshal

 

250

 

250

 

 

14. Reporters (both English

       and Hindi)

 

450-25-750

 

350-25-500-EB-30-650-EB-30-800

 

15. Assistant Research

      Officer

 

 

300-20-500-EB-25/2-550

 

300-20-500-EB-25/2-550

 

16. Assistant Editor

 

250-10-300-15-450

 

250-10-300-15-450

 

 

17. Second Personal 

      Personal Assistant to

      Chairman (Grade-II)

 

 

 

--

 

250-10-300-15-375

 

Y18. First Personal Assistant

      to Deputy Chairman

      (Grade-II)

 

 

 

--

 

250-10-300-15-375

 

19. Personal Assistant to

      Secretary (Grade-II)

 

 

--

 

 

 

250-10-300-15-375

 

Y20. Second Personal

      Assistant to Deputy

      Chairman

 

 

 

 

160-10-330 plus special pay of Rs. 30 p.m.

 

21. Stenographer

 

 

175-12 ½-300-EB-12 ½-375-15-450-25-500

 

 

 

160-10-330

 

22.Assistant

 

 

200-15-365-EB-15-500

 

160-10-300-EB-15-450

 

23. Information Assistant

 

 

160-10-300-EB-15-450

 

160-10-300-EB-15-450

 

24. Printing Assistant

 

 

160-10-300-EB-15-450

 

160-10-300-EB-15-450

 

 

 

CLASS III

 

 

25. Translator

 

 

160-10-330

 

160-10-330

 

26. Proof Reader

 

 

120-8-200-10/2-220

 

120-8-200-10/2-220

 

27. Upper Division Clerk

 

 

100-8-172-EB-8-300

 

80-5-120-EB-8-200-10/2-220

 

28. Senior Watch and Ward

      Assistant

 

 

120-10-250

 

120-10-250

 

29. Junior Watch and Ward

      Assistant

 

 

80-5-120-EB-8-200

 

80-5-120-EB-8-200

 

30. Lower Division Clerk

      (Clerk/Typist)

 

 

60-3-105-4-125-EB-4-145-5-170

 

60-3-81-EB-4-125-5-130

 

31. Copy Holder

 

 

60-3-81-EB-4-125-5-130

 

60-3-81-EB-4-125-5-130

 

32. Hindi-cum-English Steno

      Typist

 

 

60-3-81-EB-4-125-5-130 plus

special pay of Rs.20 p.m.

 

 

60-3-81-EB-4-125-5-130 plus

special pay of Rs.20 p.m.

 

 

33. Hindi Typist

 

 

60-3-81-EB-4-125-5-130

 

60-3-81-EB-4-125-5-130

 

 

 

 

34. Gestetner Operator

 

 

30-2-55

 

60-5/2-75

 

35. Staff Car Driver

 

 

--

 

60-5/2-75

 

36. Despatch Rider

 

 

--

 

 

50-2-60-5/2-65

 

CLASS IV

 

37. Record Sorter

 

 

20-1-40

 

40-1-50-2-60

 

38. Daftry

 

15-1-35

 

35-1-50

 

 

39. Jamadar

 

 

25-1-30  (Class I)

22-1-27 (Class II)

 

 

35-1-50

 

40. Peon

 

14-1/5-16

 

30- ½ - 35

 

 

41. Farash

 

14-1/5-16

 

30- ½ - 35

 

 

42. Sweeper

 

 

 

 

--

 

 

 

30- ½ - 35

 

 

PAY AND ACCOUNTS OFFICE, RAJYASABHA

 

CLASS I (GAZETTED)

 

 

j1. Pay and Accounts Officer

      in the Senior I.A. & A.S.

     scale     

 

 

600-40-1,000-1,000-1,050-1,050-1,100-1,100-1,150

 

600-40-1,000-1,000-1,050-1,050-1,100-1,100-1,150

 

CLASS II (GAZETTED)

 

 

2. Assistant Superintendent

 

 

275(325)-25-500

 

275(325)-25-500

 

 

 

CLASS  II (NON-GAZETTED)

 

 

3. Assistant

 

160-10-300-EB-15-450

 

160-10-300-EB-15-450

 

 

CLASS III

 

 

4. Selection Grade Clerk

 

 

160-10-300

 

160-10-300

 

5. Upper Division Clerk

 

 

80-5-120-EB-8-200-10/2-220

 

80-5-120-EB-8-200-10/2-220

 

6. Cashier

 

 

80-5-120-EB-8-200-10/2-220

plus special pay of Rs. 15 p.m.

 

 

80-5-120-EB-8-200-10/2-220

plus special pay of Rs. 15 p.m.

 

7. Stenographer

 

 

 

80-5-120-EB-8-200-10/2-220

 

80-5-120-EB-8-200-10/2-220

 

 

 

8. Lower Division Clerk

 

60-3-81-EB-4-125-5-130

 

60-3-81-EB-4-125-5-130

 

 

9. Cheque Writer

 

 

60-3-81-EB-4-125-5-130

 

60-3-81-EB-4-125-5-130

 

 

CLASS IV

 

 

10. Daftry

 

35-1-50

 

35-1-50

 

 

11. Peon

 

30- ½ -35

 

30- ½ -35

 

 

 

 

                                                                            

THE FOURTH SCHEDULE

[See Rules 8 (b) and 8(d)]

 

 

       The conditions of service of Secretary in the matter of leave, pension and age of retirement shall be governed by the rules and orders specified below against each: --

 

Pension                         In the case of persons, who had the option and who opted to remain under the pension rules in the Civil Services Regulations, those pension rules, read with the Government of India, Ministry of Finance, Office Memorandum No. F.3(16)-Est.(Spl.)/50, dated the 2nd January, 1951, subject to such maximum pension as is prescribed in rule 13 or in rule 14 of the Superior Civil Services Rules as the case may be, and also to  such Special Additional Pension as is admissible to the Secretaries to the Government of India and in other cases to the Liberalised Pension Rules contained in the Government of India, Ministry of Finance Office Memorandum No. F.3(1)-Est.(Spl.)/47, dated the 17th April, 1950 as amended from time to time.

 

 

Age of retirement                 Sub-clause (iii) of clause (c) of Fundamental Rule 56

 

 

All other matters for which special                     Secretaries to the Government of India

   Provision is not made in these Rules

 

NOTE ---(i) The terms regarding the admissibility of leave to the Secretary will be notified separately.

 

       (ii) Any reference to any rules or orders in this Schedule shall mean such rules or orders as were in force immediately before the commencement of these rules.

 

THE FIFTH SCHEDULE

[See Rule 8 (c)]

 

       The conditions of service of Shri S.N. Mukerjee, Secretary, in the matter of pay, leave, pension and age of retirement shall be governed by the rules and orders specified against the relevant entry :--

 

Pay                                                    Rs. 3,000 plus Rs.250 p.m. personal pay.

 

Leave                                          Ordinary Leave Rules in Section I to V of Chapter X of the Fundamental Rules.

 

Pension                                               Pension Rules under the Civil Service Regulations subject to such maximum pension as is prescribed in rule 13 or in rule 14 of the Superior Civil Services Rules, as the case may be, and also to such Special Additional Pension as is admissible to the Secretaries to the Government of India, as modified by the alternative in para  2(c) of the Government of India, Ministry of Finance, Office Memorandum No. 3(16)-Est.(Spl.)/50 dated the 2nd January, 1951, read with their  Office memorandum No. F.3(1)/Est.(Spl.)/47, dated the 17th April, 1950

 

Age of retirement                                              Sub-clause (iii) to clause (c) of F.R. 56.

 

 

All other matters for which special                     Secretaries to the Government of India.

    provision is not made in these rules

 

 

NOTE – Any reference to any rules or orders in this Schedule shall mean such rules or orders as were in force immediately before the commencement of these rules.

 

 

 

THE SIXTH SCHEDULE

[See Rule 10 – Explanation]

 

 

Posts in the Rajya Sabha Secretariat

 

 

Posts in the Central Secretariat

 

 

1. Deputy Secretary

 

Deputy Secretary to the Government of India.

 

 

2. Under Secretaries

 

Under Secretaries to the Government of India

 

 

3. Superintendents

 

Officers of Grade II of the Central Secretariat Service.

 

 

4. Assistant Superintendents

 

Officers of Grade III of the Central Secretariat Service.

 

 

5. Private Secretaries to Deputy

    Chairman and Secretary and First

    P.A. to Chairman

 

 

Officers of Grade-I of the Central Secretariat Steno-

graphers’ Service

 

 

6. Reporters

 

Reporters in the Government of India

 

 

 7. (i)   Assistant 

    (ii) Information Assistants 

   (iii) Printing Assistants

    (iv ) Assistant Editors 

 

  

Officers of Grade IV of the Central  Secretariat Service. 

 

 

8. (i)  Senior Watch & Ward}

        Assistant  

     (ii) Upper Division Clerks

 

 Officers of Grade-I of the Central Secretariat Clerical

Service.

 

9. (i) Lower Division Clerks

         (Clerks/Typists)

     (ii) Steno-Typists

     (iii) Hindi Typists

    (iv) Hindi-cum-English Steno Typist

     (v) Proof Readers

     (vi) Copy Holders

     (vii) Junior Watch and Ward Assistants         

 

 

 

 

 

 

 

Officers of Grade II of the Central Secretariat Clerical

Service.

 

 

 

 

 

10. Translator

 

 

Translators in the Ministry of Law.

 

11. Second Personal Assistant to

      Chairman, First Personal Assistant

      to Deputy Chairman and Personal

      Assistant to Secretary.

 

 

 

Officers of Grade II of the Central Secretariat Stenographers’ Service.

 

12. Stenographers (including Second

      Personal Assistant to Deputy

     Chairman)

 

 

 

Officers of Grade III of the Central Secretariat Stenographers’ Service.

 

13. Gestetner Operators

 

 

Gestetner Operators in the Government of India.

 

14. Record Sorter

 

 

Record Sorter in the Government of India.

 

15. Daftries

 

Daftries in the Government of India

 

 

16. Jamadars

 

Jamadars in the Government of India.

 

 

17. Farashes and Peons

 

 

Farashes and Peons in the Government of India.

 

18. Sweepers

 

 

Sweepers in the Government of India.

 

 

 

[F.No. RS/15(38)/56-Ests.]



* Published in the Gazette of India Extraordinary, Part-II Section 3, dated the 15th March, 1957.

* If an officer of the Indian Administrative Service, Indian Audit and Accounts Service, other Central Services, including the Central Secretariat Service or States Services is appointed to the post of Deputy Secretary or Under Secretary his pay shall be regulated on the same principles as are applicable  to an Officer when appointed to a corresponding post in the Central  Secretariat.

 

Y The post of Private Secretary to Deputy Chairman is held in abeyance and the 2 posts of Personal Assistant have been temporarily created in lieu thereof.

Y The post of Private Secretary to Deputy Chairman is held in abeyance and the 2 posts of Personal Assistant have been temporarily created in lieu thereof.

 

j When the post of the Pay and Accounts Officer is held by an officer in the grade of Assistant Accounts Officers of the Indian Audit Department, he will be entitled to the scale of pay of Rs. 500-30-800.