The uttar pradesh state public service commission (regulation of procedure) act, 1985

162 
 
THE UTTAR PRADESH STATE PUBLIC SERVICE COMMISSION  
(REGULATION OF PROCEDURE) ACT, 1985 
                                        [U.P. Act No. 23 of 1985] 
 
(As passed by the Uttar Pradesh Legislature) 
AN 
ACT 
             to provide for certain matters relati ng 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" mean s 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 authorized by the Chairman to perform all or any of the 
functions of the Secretary.  
 
                               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 b y 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 busi ness specified in the Schedule b e 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.  
163 
 
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]     [Section 5-7] 
 
Delegation 5- (1) The Commission may, subject to su ch 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 bee n 
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 take n by the person or committee to whom 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 :   
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 ca ses 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 meeti ng of the Commission cannot be c onveniently 
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.  
164 
 
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]   [Section 8-10] 
 
                           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, and 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 exami nations and for maintaining and  ensuring secrecy 
thereof.  
(4) Unless otherwise prescribed, all contracts con cerning such examination 
shall b e 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.  
 
List of  
examiners and  
paper-setters  
etc. 
9- (1) The Controller of Examinations shall prepa re 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 previou s list shall b e 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 fou nd guilty of misconduct by any U niversity, 
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 
10- (1) Every question paper shall be set by three different Paper Setters, who 
shall not belong to the same place.  
(2) Sealed question papers receive d from paper setters shall be kept in the 
custody of the Controller of Examinations.  
(3) The sealed envelopes, containing qu estion papers received from the  three 
paper setters, shall be handed over to the concerned Moderators against a receipt.  
165 
 
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]  [Section 11-14] 
 
   (4) The Moderators shall moderate all the three 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 of the moderated question 
papers of a subject without opening the sealed covers and send it as such to  the 
Press, which shall be responsible for printing the question papers including the 
proof-reading, and for preparing packets of question papers for all examination 
centres 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.  
  CHAPTFR 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 proceed ing 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 p urported 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 Commiss ion (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; 
 
166 
 
[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]        [Schedule] 
 
  (b) all acts, orders, decisions, recommend ations, 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.  
U.O. Ordinance  
No. 13 of 1985 
(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) 
 
Specification of Business Allocation 
(1) (2) 
I. General   
(1) General Administration, sanction 
of expenditure, Budget and such 
other financial matters. 
Chairman and during his absence on 
earned and medical leave (more than 
7 days) senior-most member present  
(2) Co-ordination of Commission’s 
work including convening of the 
meetings of the Commission. 
Chairman  
(3) Prior approval of tour progamme 
of, grant of casual leave, and 
permission to leave station to the 
members. 
Chairman  
II. Examination   
(1) Appeals from candidates , whose 
applications are rejected. 
Two members, nominated by the 
Chairman. 
(2) Penalty imposed on candidates  Two members, nominated by the 
Chairman.  
III. Recruitment Cases  
(1) Information for candidates and 
preliminary scrutiny cases. 
One or more members nominated by 
the Chairman. 
(2) Presiding over the Interview 
Board 
Such member, other than the one 
who has approved the preliminary 
scrutiny of that service or posts as is 
nominated by the Chairman. 
 
 
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[The Uttar Pradesh State Public Service Commission (Regulation of Procedure) Act, 1985]       [Schedule] 
 
(3) Relaxation or deviation from 
norms and practices.  
The Chairman and one or more 
members nominated by the 
Chairman. 
IV. Appointments   
(1) Departmental Promotion 
Committee cases  
One member nominated by the 
Chairman. 
(2) Ad hoc appointment cases  One member nominated by the 
Chairman. 
V. Services   
(1) Disciplinary cases Chairman and two members 
nominated by him. 
(2) Seniority cases Chairman and two members 
nominated by him. 
(3) Confirmation cases One member nominated by the 
Chairman. 
(4) Recruitment Rules One member nominated by the 
Chairman and if he suggests any 
changes othe r 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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