LexThe Himachal Pradesh Public Service Commission (Additional Functions) Act, 2018
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION
(ADDITIONAL FUNCTIONS) ACT, 2018
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Additional functions of the Commission.
4. Revalidation of recruitment made for the institutions.
5. Commission to furnish returns etc. to the Government.
6. Power to amend the SCHEDULE.
7. Act to have overriding effect.
8. Power to make rules.
THE SCHEDULE
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THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION
(ADDITIONAL FUNCTIONS) ACT, 2018
(ACT NO. 9 OF 2018)1
(Received the assent of the Governor on the 10th October, 2018 and
published both in Hindi and English in the Rajpatra (e-Gazette), Himachal
Pradesh on 17th October, 2018, pp. 5645-5654)
An Act to entrust the additional functions to the Himachal Pradesh
Public Service Commission with regard to making
recommendations for recruitment of persons and as respects the
services of various institutions.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Sixty-ninth Year of the Republic of India as follows:-
1. Short title and commencement.- This Act may be called the
Himachal Pradesh Public Service Commission (Additional Functions) Act,
2018.
1 Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of Objects
and Reasons see the Rajpatra (e-Gazette) Himachal Pradesh, dated 1st September,
2018, pp. 4409-4410 and 4413.
2 THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (ADDITIONAL
FUNCTIONS) ACT, 2018
(2) It shall come into force on such date as the State Government
may, by notification1 in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(a) “Commission” means the Himachal Pradesh Public Service
Commission;
(b) “Government” or “State Government” means the Government
of Himachal Pradesh;
(c) “Institution” means an authority, board, corporation, body
corporate or any other institution as included in the
SCHEDULE;
(d) “notification” means a notification published in the Rajpatra
(e-Gazette), Himachal Pradesh;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “SCHEDULE” means the SCHEDULE appended to this Act;
and
(g) “State” means the State of Himachal Pradesh.
3. Additional functions of the Commission.- (1) Notwithstanding
anything contained in any law relating to the appointment and conditions of
service of employees of an institution,-
(a) on request being so made through the Administrative
Department concerned in the manner prescribed, it shall be
the duty of the Commission to make recommendations for
recruitment or to conduct examinations/interviews for making
recruitment to the services to Group A, B or C of such
institution;
(b) the Commission may be consulted in the manner prescribed
through the Administrative Department,-
(i) on all matters relating to recruitment and conditions of
service of an institution;
(ii) on the principles to be followed in making appointments
to services of an institution and in making promotions
from one service to another and on the suitability of
candidates for such appointments or promotions;
1. The Act came into force from 15th day of November, 2018 vide Notification No.
Per (AP-B)-A(3)-2/2014, dated 14th November, 2018, published in the Rajpatra
(e-Gazette), Himachal Pradesh dated 14th November, 2018, p. 6028.
THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (ADDITIONAL 3
FUNCTIONS) ACT, 2018
(iii) on all disciplinary matters affecting a person serving
under an institution including memorials and petitions
relating to such matters;
(iv) on any claim by or in respect of a person who is serving
or has served in the institution that any cost incurred by
him in defending legal proceedings instituted against
him in respect of acts done or purporting to be done in
the execution of his duty, for paying out of the funds of
such institution;
(v) on any claim for the award of a pension in respect of
injuries sustained by a person while serving in the
institution and any question as to the amount of such
award;
and it shall be the duty of the Commission to advise on any matter so
referred to them and on any other matter relating to employees of the
institutions which the Government may refer to them:
Provided that the Government may, by notification, specify the
matters in which, either generally or in any particular class of cases or in any
particular circumstances, it shall not be necessary to consult the Commission.
(2) In the case of any difference of opinion between the Commission
and the institution on any matter, the institution concerned shall refer the
matter to the Government and the decision of the Government thereon shall be
final.
4. Revalidation of recruitment made for the Institutions.- The
recommendations on recruitments made by the Commission with reference to
any institution before coming into force of this Act shall be deemed to have
been revalidated under this Act.
5. Commission to furnish returns etc. to the Government.- The
Commission shall furnish such returns, records and information etc. to the
Government as may prescribed.
6. Power to amend the SCHEDULE.- The State Government after
consultation with the Commission, may, by notification in the Rajpatra (e-
Gazette), Himachal Pradesh, add to or delete any entry of the SCHEDULE, or
otherwise amend the SCHEDULE, and thereupon the SCHEDULE shall be
deemed to have been amended.
7. Act to have overriding effect.- The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any
4 THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (ADDITIONAL
FUNCTIONS) ACT, 2018
other law for the time being in force or in any instrument having effect by
virtue of any law other than this Act.
8. Power to make rules.- (1) The Government in consultation with
the Commission and after previous publication, may make rules for carrying
out the purposes of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such rules may provide for,-
(a) the procedure to be followed by the institution or any other
competent authority for consultation with the Commission;
(b) any matter which is incidental to, or necessary for, the
purpose of consultation with the Commission;
(c) the returns, records and information etc. to be furnished by
the Commission; and
(d) any other matter for which rules may be made under this Act.
(3) Every rule made under this Act shall be laid, as soon as may be,
after they are so made, before the State Legislative Assembly, while it is in
session, for a period of not less than fifteen days, which may be comprised in
one session or in two successive sessions and, if before the expiry of the
session in which they are so laid or of the session immediately following, the
Assembly makes any modification(s) in the rules or the Assembly decides that
the rules should not be made, such rules shall have effect only in such
modified form or be of no effect, as the case may be. However, any such
modification or annulment shall be without prejudice to the validity of
anything done earlier thereunder.
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THE SCHEDULE
[Section 2(f) and Section 6]
1. Himachal Pradesh Road Transport Corporation (HRTC).
2. Himachal Pradesh Backward Classes Finance and
Development Corporation (HPBCFDC).
3. Himachal Pradesh Financial Corporation (HPFC).
4. Himachal Pradesh General Industries Corporation (HPGIC).
5. Himachal Pradesh Horticulture Produce Marketing and
Processing Corporation Limited.
6. Himachal Pradesh Kaushal Vikas Nigam (HPKBN).
THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (ADDITIONAL 5
FUNCTIONS) ACT, 2018
7. Himachal Pradesh Minorities Finance and Development
Corporation.
8. Himachal Pradesh Power Corporation Limited (HPPCL).
9. Himachal Pradesh Scheduled Caste and Scheduled Tribes
Development Corporation Limited (HPSCSTDC).
10. Himachal Pradesh State Civil Supplies Corporation Limited
(HPSCSC).
11. Himachal Pradesh State Electronics Development
Corporation Limited (HPSEDC).
12. Himachal Pradesh Forest Corporation Limited (HPSFC).
13. Himachal Pradesh State Handicraft and Handloom
Corporation Limited (HIMCRAFT).
14. Himachal Pradesh State Industrial Development Corporation
Limited (HPSIDC).
15. Himachal Pradesh Road and other Infrastructure Dev.
Corporation Limited (HPRIDC).
16. Himachal Pradesh Tourism Development Corporation
(HPTDC).
17. Municipal Corporations in the State.
18. Himachal Pradesh Power Transmission Corporation Limited
(HPPTCL).
19. Himachal Pradesh Agro Industries Corporation.
20. Himachal Pradesh State Co-operative Milk Producer
Federation Limited.
21. Himachal Pradesh State Social Welfare Board.
22. Himachal Pradesh State Council for Child Welfare.
23. Himachal Pradesh Board of School Education, Dharamshala
(HPBOSE).
24. Himachal Pradesh Building & other Construction Workers
Welfare Board.
25. Himachal Pradesh Infrastructure Development Board.
26. Himachal Pradesh Khadi and Village Industries Board.
27. Himachal Pradesh Agriculture Marketing Board.
6 THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (ADDITIONAL
FUNCTIONS) ACT, 2018
28. Himachal Pradesh State Electricity Board Limited (HPSEB).
29. Himachal Pradesh State Pollution Control Board.
30. Himachal Pradesh Takniki Shiksha Board, Dharamshala.
31. Himachal Pradesh State Co-operative Marketing and
Consumer’s Federation.
32. Himachal Pradesh Housing and Urban Development
Authority.
33. Himachal Pradesh State Co-operative Bank Limited.
34. Jogindera State Co-operative Bank Limited.
35. The Kangra Central Co-operative Bank Limited.
36. Himachal Pradesh State Co-operative Agriculture and Rural
Development Bank Limited.
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