LexThe UTTAR PRADESH STATE PUBLIC SERVICE COMMISSION (REGULATION OF PROCEDURE) ACT, 1985
Uttar Pradesh · state statute
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THE UTTAR PRADESH STATE PUBLIC SERVICE COMMISSION
(REGULATION OF PROCEDURE) ACT, 19851
[U. P. ACT No. 23 of 1985]
Amended by
U.P. Act No. 6 of 2025
[As paassed by the Uttar Pradesh Legislature and assented
to by the Governor on August 22, 1985, under Article 200 of the
Constitution of India and was published in the Uttar Pradesh
Gazette Extraordinary, dated August 23, 1985.]
AN
ACT
to provide for certain matters relating to the procedure of
the State Public Service Commission and the Conduct of the
Business
IT IS HEREBY enacted in the Thirty-sixth 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 State Public
Service Commission (Regulation of Procedure) Act, 1985.
(2) It shall be deemed to have come into force on June 22,
1985.
Definition 2. In this Act, unless the context otherwise requires,-
(a) "Chairman" means the Chairman of the Commission
appointed under clause (1) of Article 316 of the Constitution and
includes a person appointed under clause (1-A) of that article to
perform the duties of the office of the Chairman;
(b) "Commission" means the Chairman and all other members
collectively, of the Uttar Pradesh State Public Service Commission;
(c) "Controller of Examinations", means the Controller of
Examinations appointed or authorised under section 8;
(d) "Member" means a person appointed as member of the
Commission under clause (1) of Article 316 of the Constitution and
includes the Chairman;
(e) "Secretary" means the Secretary of the Commission and
includes any other officer of the Commission authorised by the
Chairman to perform all or any of the functions of the Secretary.
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1. For Statement of Objects and Reasons please see at the end of this Act.
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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CHAPTER II
Allocation of the Business of the Commission
Business to
be transacted
by Chairman
or other
members
3. (1) The business of the Commission specified in the Schedule
shall be transacted by the Chairman or the member or members, as
the case may be, specified against such business; and the business so
transacted shall be deemed to have been transacted by the
Commission.
(2) Notwithstanding anything contained in sub-section (1), the
Chairman may, if he considers, necessary or expedient so to do in
public interest, direct that any particular matter or business specified
in the Schedule be placed before the Commission for disposal.
Business to
be transacted
by
Commission
4. The business of the Commission other than that specified in
the Schedule shall be transacted by the Commission.
Delegation 5. (1) The Commission may, subject to such directions as it
may deem fit to issue, delegate any of its functions to any individual
member or officer of the Commission or to a committee comprised of
members or officers of the Commission or both;
Provided that where any function is delegated to an individual
member, the Chairman may appoint such other person as the
Chairman may deem fit to aid and advise the member.
(2) The decision of any person or Committee to which powers
have been delegated under sub-section (1) shall be communicated to
the Chairman before any action is taken thereon and the Chairman
may, within fifteen days of the date of such communication, direct
such person or the Committee, as the case may be, for further
consideration and decision. If upon such direction the person or the
Committee does not change the earlier decision within fifteen days of
the receipt of such direction, the matter shall be placed before the
Commission whose decision shall be final and where no such direction
is given the decision of the person or the committee shall be deemed to
be the decision of the Commission.
(3) The decisions taken by the person or committee to which
powers have been delegated under sub-section (1) shall be reported
promptly to the Commission.
CHAPTER III
Business before the Commission
Decision in
meeting 6. (1) A decision of the Commission at any meeting shall be by
majority of the members present and voting and in the case of an equal
division of votes, the Chairman shall have a casting vote. It shall be
open to any member to record his dissent, if any, with or without
reasons therefor, but he shall not communicate such dissent to the
Government or any other authority or person.
(2) The quorum for a meeting of the Commission shall be one-
half of the total members for the time being;
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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Provided that no quorum shall be necessary for a meeting
adjourned for want of quorum.
(3) The Chairman may postpone consideration of any business
at any meeting, if he considers necessary or expedient so to do.
(4) When the Chairman is absent on leave or is unable to be
present at a meeting of the Commission, the senior most member shall
preside over the meeting and perform the functions of the Chairman;
Provided that the list of cases on which decisions have been
arrived at and those in respect of which action has been taken during
the absence of the Chairman shall be placed before the Chairman
immediately on his return from leave, or on resuming duty, as the case
may be.
Decision by
circulation 7. (1) If the Chairman is of the opinion that a business to be
transacted by the Commission is urgent and a meeting of the
Commission cannot be conveniently called, and such matter may
appropriately be decided by circulation, he may invite the opinion of
the members by circulation of the business in the form of a proposal.
(2) If no opinion is received from a member within the time
specified by the Chairman such member shall be deemed to have
agreed to the proposal.
CHAPTER IV
Competitive Examination
Controller of
examination 8. (1) There shall be a Controller of Examinations who shall be
a whole time salaried officer of the Commission, and until one is so
appointed, an officer not below the rank of Joint Secretary of the
Commission, authorised by the Chairman in this behalf, shall be the
Controller of Examinations.
(2) The Controller of Examinations shall, subject to the
provisions of this Act, perform such duties and functions as may be
entrusted to him under the rules or orders relating to the competitive
examinations conducted by the Commission.
(3) The Controller of Examinations shall be responsible for the
proper and timely conduct of such examinations and for maintaining
and, ensuring secrecy thereof.
(4) Unless otherwise prescribed, all contracts concerning such
examination shall be in writing and all documents and examination
records shall be authenticated by the Controller of Examinations on
behalf of the Commission. All such records shall be kept in the
personal custody of the Controller of Examinations.
(5) All arrangements for the conduct of such examinations shall
be made by the Controller of Examinations in consultation with the
Secretary and in accordance with such directions as may be issued by
the Commission in this behalf.
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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List of
Examiners
and paper-
setters etc.
9. (1) The Controller of Examinations shall prepare for every
subject, a list of persons qualified for appointment as examiners and
submit the same for approval of the Commission. Such list shall be
revised at least once in every three years;
Provided that a person included in the previous list shall be
eligible for inclusion in the revised list.
(2) The list referred in sub-section (1) shall contain, as far as
possible, information about the persons included therein in regard to
their academic qualifications, teaching experience at the degree and
the post-graduate levels or professional experience and, the
particulars, of the earlier examinations conducted by the Commission
in which they acted as examiners.
(3) The Controller of Examination shall, with the prior approval
of the Chairman, appoint Paper Setters, Moderators and Valuers from
amongst the persons included in the list referred to in sub-section (1).
(4) In making such appointments every care shall be taken to
ensure that no person is so appointed who found guilty of misconduct
by any university, Government or Government body, or against whom
any inquiries or investigations may be pending on allegations of
misconduct, or whose integrity is in doubt. Any person whose work as
Head Examiner, Paper Setter or Valuer is found to be unsatisfactory by
the Commission shall not be reappointed for that purpose.
Setting and
moderation
of question
paper
1[10. (1) Every question paper shall be set by four different
paper setters, who shall not belong to the same place.
(2) Sealed question papers received from paper setters shall be
kept in the custody of the Controller of Examinations.
(3) The sealed envelopes, containing question papers received
from the four paper setters, shall be handed over to the concerned
Moderators against a receipt.
(4) The Moderators shall moderate all the four question papers,
place them in separate covers under their seal, without making any
mark of identification on the cover and hand them over to the
Controller of Examinations or his nominee against a receipt.
(5) The Controller of Examinations shall choose any two of the
moderated question papers of a subject without opening the sealed
covers and send it as such to two different Press, which shall be
responsible for printing the question papers including the proof-
reading, and for preparing packets of question papers in different
Colours/Confidential Code for all examination centers under its seal,
in accordance with information furnished by the Controller of
Examinations.
(6) The press shall be responsible for maintaining the secrecy of
the question papers, and the Controller of Examinations shall issue
necessary directions and take necessary precautions to ensure such
secrecy.]
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1. Subs. by sec. 2 of U.P. Act No. 6 of 2025.
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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CHAPTER V
Miscellaneous
Rule making
power 11. (1) The Commission may make rules not inconsistent with
the provisions of this Act for the regulation of its procedure.
(2) The Commission may, if it thinks fit in the public interest,
direct that the said rules or any part thereof shall not be published.
Certain acts
not to be
invalid
12. No consultation made with the Commission, or advice
tendered by it, or examinations held by it or result at such
examination or interviews conducted by the Commission or any
Interview Board, or proceeding of the Commission or of any Interview
Board shall be rendered invalid merely on the ground of—
(a) any defect in appointment of the Chairman or any member
of the Commission or in constitution of the Interview Board, or
(b) any vacancy in the Commission or any of its Committees or
Interview Board, or
(c) any defect or irregularity not affecting the substance in any
proceedings before the Commission, Committee or the Interview Board.
Protection of
action in
good faith
13. No suit, prosecution or other legal proceedings shall lie
against the Commission, the Chairman, the member, the Secretary,
the Controller of Examinations, the officers or any other persons
deputed to assist the Commission for taking interview or otherwise, for
anything done or purported to be done in good faith in exercise of any
powers, duties or functions conferred or assigned by or under the
Constitution or this Act or the rules made thereunder.
Repeal and
savings 14. (1) (i) The Uttar Pradesh State Public Service Commission
(Regulation of Procedure and Conduct of Business) Act, 1974 is hereby
repealed.
(ii) Notwithstanding such repeal—
(a) the Uttar Pradesh Public Service Commission (Procedure
and Conduct of Business) Rules, 1976 shall, unless superseded by the
Commission, continue to be in force except in so far as they are
inconsistent with the provisions of this Act,
(b) all acts, orders, decisions, recommendations, including the
conduct of any interviews, selection or competitive examination, or
declaration of any results thereof by or on behalf of the Commission in
accordance with the Act, referred to in clause (i) of sub-section (1) or
the rules framed thereunder, shall be deemed to be, and always to
have been, valid and any proceedings in relation to any interviews,
selection or competitive examination pending on the date of
commencement of this Act may be continued and completed in
accordance with the provisions of the Act and the rules in force prior to
such commencement.
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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(2) (i) The Uttar Pradesh State Public Service Commission
(Regulation of Procedure) Ordinance, 1985, is hereby repealed.
(ii) Notwithstanding such repeal, anything done or any action
taken under the Ordinance, referred to in clause (i) of sub-section (2),
shall be deemed to have been done or taken under this Act, as if this
Act were in force at all material times.
SCHEDULE
(See Section 3)
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Specification of Business Allocation
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(1) (2)
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1. General
(1) General Administration, sanction of
expenditure, Budget and such
other financial matters.
(2) Co-ordination of Commission's work
including convening of the
meetings of the Commission.
(3) Prior approval of tour programme
of, grant of casual leave, and
permission to leave station to the
members.
Chairman and during his absence on
earned and medical leave (more than 7
days) senior-most member present.
Chairman.
Chairman
II. Examination
(1) Appeals from candidates whose
applications are rejected.
(2) Penalty imposed on candidates
Two members, nominated by the
Chairman.
Two members, nominated by the
Chairman.
III. Recruitment Cases
(1) Information for candidates and
preliminary scrutiny cases.
(2) Presiding over the Interview Board
(3) Relaxation or deviation from norms
and practices.
One or more members nominated by
the Chairman.
Such member, other than the one who
has approved the preliminary scrutiny
of that service or posts as is nominated
by the Chairman.
The Chairman and one or more
members nominated by the Chairman.
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]
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IV. Appointments
(1) Departmental Promotion Committee
cases
(2) Ad hoc appointment cases
One member nominated by the
Chairman.
One member nominated by the
Chairman.
V. Services
(1) Disciplinary cases
(2) Seniority cases
(3) Confirmation cases
(4) Recruitment Rules
Chairman and two members nominated
by him.
Chairman and two members nominated
by him.
One member nominated by the
Chairman.
One member nominated by the
Chairman and if he suggests any
changes other than purely verbal
changes then the Chairman.
VI. Technical
System development and other work
pertaining to technical aspect of
data proceedings and Electronic
Data Processing Branch.
Chairman and one member nominated
by him.
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