FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972
(1) This Act may be called the Former Secretary of State Service Officers (Conditions of Service) Act, 1972.
(2) it shall come into force on such date {1-10-1972 : vide Notification No. GSR 420(E) dated the 28th September, 1972. See Gazette of India, Extraordinary, Part II, Secedule 3(i), p.1159}as the Central Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
(a) "appointed day" means the date on which this Act comes into force;
(b) "former Secretary of State Service Officer" means a person referred to in sub-clause 9a) or sub-clause (b) of clause (1) of article 312A of the Constitution;
(c) "I.C.S., member of the Indian Administrative Service" means a person who was appointed to the Civil Service of the Crown in Indian known as the Indian Civil Service and who on the appointed day is a member of the Indian Administrative Service;
(d) "I.P., member of the Indian Police Service" means a person who was appointed to the Police Service of the Crown in Indian known as the Indian Police and who on the appointed day is a member of the Indian Police Service;
Subject to the other provisions of this Act, on and from the appointed day,-
(a) the conditions of service as respect,-
(i) remuneration,
(ii) leave, and
(iii) pension;
(b) the rights as respects disciplinary matters; and
(c) the conditions of service and the rights as respects all other matters,
of the I.C.S., members of the Indian Administrative Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid, the provisions of the All-India Services Act, 1951 (61 of 1951) and the rules and regulations made or deemed to have been made thereunder, as in force from time
Subject to the other provisions of this Act, on and from the appointed day,-
(a) the conditions of service of respects,-
(i) remuneration,
(ii) leave, and
(iii) pension;
(b) the rights as respects disciplinary matters; and
(c) the conditions of service and the rights as respect all other matters,
of the I.P., members of the Indian Police Service shall be the same as those of the other members of that Service and accordingly and subject as aforesaid, the provisions of the All-India Services Act, 1951 and the rules and regulations made or deemed to have been made thereunder, as in force from time to time, shall apply t
Notwithstanding anything contained in section 3 or section 4, an I.C.S., member of the Indian Administrative Service or an I.P., member of the Indian Police Service, as the case may be, holding a post specified in the Schedule or a post declared by the Central Government to be equivalent to such post shall, for so long as he holds that post, be entitled to draw pay as indicated against the post in the Schedule.
Notwithstanding anything contained in section 3 or section 4,-
(a) an I.C.S., member of the Indian Administrative Service, unless his service has been extended before the appointed day in accordance with the rules and regulations then applicable or is extended on or after that day in accordance with the rules and regulations applicable to the other members of the Indian Administrative Service shall retire compulsorily,-
(i) Where he attains the age of fifty-eight years before the expiry of six months from the appointed day, on the date of expiry of the said period of six months or on the date on which he shall retire compulsorily in accordance with the rules applicable to him immediately before the appointed day, which every date is earlier;
(ii) in any other case, on his attaining the age of
Notwithstanding anything contained in section 3,-
(a) an I.C.S., member of the Indian Administrative Service shall, subject to the provisions of section 8 and subject to the same provisions in regard to the right of the Central Government to withdraw the whole or any part of pension or to order recovery of pension and the same conditions for grant of retirement benefits, as are applicable for the time being in the case of other members of the Indian Administrative Service, be entitled on his retirement from service in accordance with the provisions of section 6, to receiver by way of annuity rupees thirteen thousand three hundred and thirty-three and one-third;
(b) no death-cum-retirement gratuity benefits shall be available to or in respect of an I.C.S., member of the Indian Administrative Service unless such member has exercised his op
(1) No former Secretary of State Service officer shall be entitled, or be deemed ever to have been entitled, to claim,-
(a) pension in sterling; or
(b) that his pension shall be paid outside India; or
(c) where his pension was expressed in sterling or a fixed sterling minimum was applicable in respect of the pension payable to him, that his pension shall be computed in the rupee equivalent of the amount fixed in sterling at a rate of exchange exceeding the rate of rupees thirteen and one-third to the pound sterling.
1 [Provided that in relation to every former Secretary of State Service officer who, having been in service on the 1st day of February, 1921, and domiciled in India on that date, is entitled immediately before the appointed day to claim
(1) For the purpose of bringing the provisions of any rules and regulations made or deemed to have been made under the All-India Services Act, 1951 (61 of 1951) or any rules, regulations or order s (including any other instrument having the force of law) applicable immediately before the appointed day to or in relation to former Secretary of State Service officers into accord with the provisions of this Act, the Central Government may, before the expiry of two years from the appointed day, by order published in the Official Gazette, make such adaptations and modifications of such rules, regulations or orders, whether by way of repeal or amendment, as may be necessary.
(2) The provisions of sub-section (1) shall be in addition to and not in derogation of any power under any other law to amend or repeal the rules, regulations and orders referred to in that sub-section.
Notwithstanding that no provision or insufficient provision has been made under section 9 for the adaptation of any rule regulation or order referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, regulation or order may construe it with such modifications as may be necessary to bring it into accord with the provisions of this Act.
1[10A.Power of Central Government to make orders in certain cases to ensure parity
(1) If the Central Government is satisfied that the conditions of service as any matter applicable to, or in relation to, any class or category of former Secretary of State Service officers under section 6, 7 or 8 or as respects any benefits by way of compensation for the increase in cost of living or any other reason, have become less favourable than those applicable to or in relation to any corresponding class or category of other officers of the Indian Administrative Service or the Indian Police Services or, as the case may be, any comparable services, it may, notwithstanding anything contained in those sections, by general or special order and subject to such conditions and restrictions (including conditions as to refund adjustment or recovery), as may be specified therein, make such provisions a
(1) If any difficulty arises in giving effect to the provisions of this Act the Central Government may, by general or special order published in the Official Gazette, for the purpose of removing the difficulty, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient :
Provided that no such order shall be made under this sub-section after the expiry of three years from the appointed day.
(2) Every order made under sub-section (1) shall, as soon as may be after it is made, be laid before each House of Parliament.
The provisions of this Act or of any order made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any law other than this Act or in any rule, regulation or order or other instrument having effect by virtue of any law other than this Act.
Any order in respect of disciplinary matters in relation to any I.C.S., member of the Indian Administrative Service or any I.P., member of the Indian Police Service in force immediately before the appointed day shall continue in force as from the appointed day:
Provided that nothing in this section shall derogate from the powers of the competent authority to vary or rescind such order.
(See section 5)
PART I
I.C.S. Members of the Indian Administrative Service
Serial No. Post Pay or Scale of Pay
1. Secretary to the Government of India Rs.4,000
2. Additional Secretary to the Government of India Rs.3,500
3. Joint Secretary to the Government of India. Rs.3,000
4. First Member, Board of Revenue, Tamil Nadu Rs.3,750
PART II
I.P. Members of the Indian Police Station
Serial No Post Pay or Scale of Pay
1. Director, Intelligence B
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