LexThe UTTAR PRADESH SUBORDINATE SERVICES SELECTION COMMISSION ACT.2014
Uttar Pradesh · state statute
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THE UTTAR PRADESH SUBORDINATE SERVICES SELECTION
COMMISSION ACT, 20141
(U.P. Act No. 20 of 2014)
[As passed by the Uttar Pradesh Legislature, assented to by
the Governor under Article 200 of the ‘Constitution of India’ on
December 01, 2014 and published in U.P. Gazette Extraordinary on
December 04, 2014.]
AN
ACT
to provide for the establishment of a Subordinate Services
Selection Commission in the State for certain categories of
Subordinate Services and for matters connected therewith or
incidental thereto,
IT IS HEREBY enacted in the Sixty-fifth Year of the Republic
of India as follows:-
CHAPTER-I
PRELIMINARY
Short title and
commencement
1. (1) This Act may be called the Uttar Pradesh Subordinate
Services Selection Commission Act, 2014.
(2) It shall come into force on June 20, 2014.
Applicability 2. The provisions of this Act shall apply in relation to direct
recruitment to all Group 'C' posts below Group 'B' posts including
posts in the Civil Secretariat and also to all Group 'C' posts in a
Board or a Corporation or any other statutory body established by or
controlled by the State Government :
Provided that the State Government may, by notification,
withdraw from or add any post in the purview of the Commission.
Exception 3. Nothing in this Act shall apply to recruitment to any post-
(a) in the Secretariat of each House of the State
Legislature;
(b) under the High Court or a Court subordinate thereto;
(c) under the State Public Service Commission;
(d) under the Lok Ayukt appointed under the Uttar
Pradesh Lok Ayukt and Up-Lok Ayukt Act,1975;
(e) governed by the Police Act,1861.
Definitions 4. In this Act unless the context otherwise requires-
(a) “Appointing authority”, in relation to any service or
post, means the authority empowered to make appointment
to such service or post;
(b) “Commission” means the Uttar Pradesh Subordinate
Services Selection Commission established under section 5;
(c) “Chairperson” means the Chairperson of the
Commission ;
(d) “Group 'C' post” means the post specified as such by
the State Government from time to time;
(e) “Member” means a Member of the Commission and
includes the Chairperson;
1. For S.O.R. see at the end of this Act.
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(f) “Other backward classes” means the backward classes
specified in Schedule-1 of the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and
Other Backward Classes) Act,1994;
(g) “Secretary” means the Secretary of the Commission;
(h) “Year of recruitment” means the period of twelve
months commencing on the first day of July of the Calendar
year in which the recruitment is to be made.
CHAPTER-II
ESTABLISHMENT OF THE COMMISSION
Establishment
of the
Commission
5. (1) On and from such date as the State Government may,
by notification, appoin t in this behalf, there shall be established a
Commission to be known as the Uttar Pradesh Subordinate Services
Selection Commission .
(2) The Services of every whole time empl oyee of the
Commission established under the provisions of the Uttar Pradesh
Subordinate Services Selection Commission Act, 2006 (U.P. Act no 1
of 2006) serving in that Commission immediately before the
commencement of this Act shall stand transferred to the Commission
on and from the establishment thereof.
Composition of
the Commission
6. ( 1) The Commission shall consist of a Chairperson and
such other Members not exceeding eight, as the State Government
may from time to time appoint:
Provided that Member shall be eligible for appointment as
Chairperson but shall not be eligible for re- appointment or
continuance in office either as Member or Chairperson after the
period of his term.
(2) If the office of the Chairperson becomes vacant or if the
Chairperson by reason of absence or for any other reason is unable to
perform the duties of his office, such duties shall, until some person
appointed under sub-section (1) has assumed or, as the case may be,
until the Chairperson has resumed his duties, be performed by such
Member as the State Government may appoint for the purpose.
Appointment of
Chairperson and
Members
7. The Chairperson and other Members shall be appointed
by the State Government:
Provided that as nearly as may be one half of the members of
the Commission shall be the persons who on the date of their
respective appointment have held office on Group 'A' post for at least
ten years under the Government of India or under the State
Government.
Powers and
duties of
Chairperson and
other Members
8. (1) The Chairperson shall be incharge of the administration
of the Commission and shall have the power to-
(a) constitute Committees or sub- committees from
amongst the Members with or without one or more non-
members;
(b) allocate to Members, committees and sub-committees
such work as is not specifically allocated by this Act, or rules
or regulations made thereunder;
(c) co-ordinate the working of the Commission and its
members;
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(d) grant leave to and approve the tour programmes of
members and officers of the Commission.
(2) The Members shall assist the Chairperson in conducting
the examinations and interviews of candidates and do such other
work as may be allocated to them by or under this Act, the rules or
regulations made thereunder, or by the Chairperson under clause (b)
of sub-section (1).
Term of office and
condition of
Service of
Members
9. (1) The Chairperson or every other Member shall hold
office for a term of five years from the date he assumes his office:
Provided that no Member including the Chairperson shall
hold office as such after he has attained the age of sixty-eight years
or he has completed his term, whichever is earlier.
(2) The Chairperson or any other Member may, at any time,
by writing under his hand addressed to the State Government resign
from his office.
(3) The Chairperson or any other Member may be removed
from his office by an order made by the State Government on the
ground that he has acquired any of disqualifications specified in
section 10 or on the ground of misconduct or incapacity after an
inquiry made by a Judge of the High Court in the manner as may be
prescribed in which such Member has been informed of the charges
against him and given a reasonable opportunity of being heard in
respect of those charges.
Disqualification
for being the
Chairperson or
other Member
10. A person shall be disqualified for appointment as
Chairperson or other Member if he-
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an
offence which in the opinion of the State Government,
involves moral turpitude;
(c) becomes of unsound mind and stands so declared by
a competent court.
Power to
associate
11. The Commission may associate with itself, in such
manner and for such purposes as ma y be determined by regulations
made under this Act, any person whose assistance or advice it may
desire to have in carrying out any of the provisions of this Act.
Proceedings of
the Commission
not to be
invalidated
12. No act or proceedings of the Commission shall be
deemed to be invalid merely on the ground of-
(a) any vacancy or defect in the constitution of the
Commission;
(b) any defect or irregularity in the appointment of a
person acting as the Chairperson or other Member thereof ;
(c) any defect or irregularity in such act or proceeding
not affecting the substance.
Secretary of the
Commission
13. (1) There shall be a Secretary of the Commission
appointed by the State Government, who shall be the Head of the
Office of the Commission.
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(2) The Secretary shall exercise such powers and perform
such duties as may be specified in the rules or regulation made
under this Act or as may be directed by the Chairperson.
Authentication of
the orders of the
Commission
14. All the decision and orders of the Commission shall be
authenticated by the signature of the Secretary or any other officer
authorized by the Commission in this behalf.
CHAPTER-III
POWERS AND DUTIES OF THE COMMISSION AND ALLOCATION OF
BUSINESS
Powers and duties
of the
Commission
15. (1) The Commission shall have the powers and duties,—
(a) to prepare guidelines on matters relating to the
method of recruitment;
(b) to conduct examinations, hold interview and make
selection of candidates;
(c) to select and invite experts and to appoint examiners
for the purposes specified in clause (b);
(d) to perform such other duties and exercise such other
powers as may be prescribed.
(2) In exercising the powers or performing the duties referred
to in sub-section (1), the Commission shall be guided by such rules
or regulations as may be made in this behalf.
Business to be
transacted by
Commission
16. The Commission shall, with previous approval of the
State Government, make regulations for the convenient transaction
of its business, including performance of its functions by the
Chairperson or other Members or a committee thereof and the
business transacted in accordance with such regulations shall be
deemed to have been transacted by the Commission:
Provided that it shall be lawful for the State Government to
accord approval to any such regulation either in original or in
modified form.
CHAPTER-IV
NOTIFICATION OF VACANCIES AND APPOINTMENT
Notification of
vacancies
17. (1) The appointing authority shall determine and intimate
to the Commission the number of vacancies to be filled through the
Commission during the course of the year of recruitment as also the
number of the vacancies to be reserved for the candidates belonging
to the Scheduled Castes and the Scheduled Tribes and other
categories in accordance with the law for the time being in force in
this behalf.
(2) The vacancies shall be notified to the Commission in
such manner as may be prescribed.
Selection by the
Commission
18. (1) The Commission shall, as soon as possible after the
intimation of vacancies under section 17, hold examination or
interview or both and prepare in such manner as may be prescribed
a list of the candidates who are found suitable.
(2) The list referred to in sub-s ection (1) shall be forwarded to
the appointing authority and the appointing authority shall make
appointments from the list so forwarded to it in the order mentioned
therein.
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CHAPTER-V
BUSINESS BEFORE THE COMMISSION
Decision in
meeting
19. All matters at any meeting of the Commission shall be
determined by a majority of the members present and voting and in
the case of equality of votes, the Chairperson, or in absence of the
Chairperson the member presiding shall have a second or casting
vote.
Quorum 20. The quorum for a meeting of the Commission shall be
one-half of the total number of members:
Provided that no quorum shall be necessary for a meeting
adjourned for want of quorum.
CHAPTER-VI
ANNUAL REPORTS
Annual Reports
21. The Commission shall prepare every year, in such form
and in such manner as may be prescr ibed, an annual report giving a
true and full account of its activities during the previous year, and
copies thereof shall be forwarded to the State Government and the
State Government, shall cause the same to be laid before both the
Houses of the State legislature.
CHAPTER-VII
MISCELLANEOUS
Power to make
rules
22. The State Government may, by notification, make rules for
carrying out the purposes of this Act.
Power to make
regulations
23. (1) The Commission may, with the previous approval of
the State Government, make or amend regulations relating to the
discharge of its functions under th is Act including charging of fees
for holding examinations or interviews or both for making selection
under this Act.
(2) The regulations made under sub-section (1) shall not be
inconsistent with the provisions of this Act or the rules made
thereunder.
Protection of
action taken in
good faith
24. No suit, prosecution or other proceeding shall lie against
any person for anything which is in good faith done or intended to be
done under this Act.
Repeal and
Saving
U.P. Ordinance
no. 7 of 2014
U.P. Ordinance
no. 5 of 2014
25. (1) The Uttar Pradesh Subordinate Services Selection
Commission (Second) Ordinance, 2014 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the Ordinance referred to in sub-section (1) or
under the Uttar Pradesh Subordinate Services Ordinance, 2014 shall
b e d e e m e d t o h a v e b e e n d o n e o r t a k e n u n d e r t h i s A c t a s i f t h e
provisions of this Act were in force at all material times.
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STATEMENT OF OBJECTS AND REASONS
It is necessary to select able, worthy and hardworking personnel for
appointment to certain posts in administrative departments of the State. It is also
necessary to ensure the quality of selection, its impartiality and transparency in their
selection. Though the institution of Uttar Pradesh Public Service Commission is present
at Constitutional Level but owing to increased pressure on its working, difficulty is
being realised regarding selection on Group ‘C’ posts. In near past, selection on Group
‘C’ posts was being done under the direct supervision of the State Government but
Head of Departments had to devote much time for the above selections which is
severely affecting the Government works as well as the works of public interest. Due to
all these reasons, it is quite necessary to establish an independent Subordinate
Services Selection Commission consisting of the Chairperson and Members similar to
that of the Uttar Pradesh Public Service Co mmission for timely selection on certain
Group ‘C’ posts. It has therefore, been decided to make a law to provide for the
establishment of a Commission by the name of the Uttar Pradesh Subordinate Services
Selection Commission for the selection on certain Group ‘C’ posts in the State.
Since the State Legislature was not in session and immediate Legislative action
was necessary to implement the aforesaid decision, the Uttar Pradesh Subordinate
Services Selection Commission Ordinance, 2014 (U.P. Ordinance no. 5 of 2014) was
promulgated by the Governor on June 2, 2014. The provisions of the said Ordinance
could not be introduced in the Legislat ure for unavoidable reasons and the said
Ordinance was going to lapse after July 30, 2014, the Uttar Pradesh Subordinate
Services Selection Comission (Second) Ordinance, 2014 (U.P. Ordinance no. 7 of 2014)
was promulgated by the Governor on July 28, 2014.
This Bill is introduced to replace the aforesaid Ordinance no. 7 of 2014.
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