The Uttarakhand Subordinate staff selection board

Uttarakhand · state statute

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THE UTTARAKHAND SUBORDINATE SERVICE SELCTION COMMISSION
ACT, 2014
[UTTARAKHAND ACT NO. 20 OF 2014]
An
Act
to provide for the establishment of a Subordinate Services Selection
Commission for certain categories for Subordinate Services and for matter connected
therewith and incidental thereto.
It is Hereby enacted in the Sixty-five Year of the Republic of India as follows:-

CHAPTER-1
PRELIMINAY
Short title and
Commencement
1. (1) This Act may be called the Uttarakhand Subordinate Service
Selection Commission Act, 2014.
(2) It shall come into force on such date as the State Government may,
by notification, appoint in this behalf.
Applicability 2. The provisions of this Act, shall apply in relation to direct recruitment
to all Group ‘C ’ posts outside the purview of the Public Service
Commission. The State Government may by notification add or
withdraw any Group ‘C’ post from the purview of the Commission in a
Board or a Corporation or other statutory body established by a
controlled by the State Government.
Exception 3. Nothing in the Act shall apply to recruitment to any post—
(a) in the Secretariat of the State Legislature;
1[(b) under the high court];
(c) under the State Public Service Commission;
(d) under the Lokayukta appointe d under the Uttrakhand
Lokayukta Act, 2014;
(e) 2{***}.
---------------------------
1- Subs. by section 2 of the Uttrakhand Act no 2 of 2019.
2- Omitted by section 2 of the UK Act no 02 of 2021.
Definition 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 Uttrakhand Subordinate Services
Selection Commission constituted under section 5;
(c) “Chairman” means the Chairman of the Commission;
(d) “Group ‘C’ post’ means the post specified as such by the
State Government from time to time ;
(e) “Member” means the member of the Commission and includes
Chairman;
(f) “Secretary” means the Secretary of the Commission;
(g) “year of recruitment ” means the period of twelve months
commencing on the first day of July of a Calendar year.
CHAPTER-II
ESTABLISHMENT OF THE COMMISSION
Establishment of
the Commission
5. On and from such date as the State Government may, by
notification, appoint in this behalf, there shall be established a
Commission to be known as the Uttrakhand Subordinate Service
Selection Commission.

Composition of
the Commission
6. (1) The Commissi on shall consist of a Chairman and such other
Member not exceeding two as the State Government may
from time to time appoint;
Provided that member shall be eligible or
appointment as /Chairman but shall not be eligible for re -
appointment or continuance in office either as Member of
Chairman after the period of his term.
(2) If the office of the Chairman becomes vacant or if the
Chairman 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 Chairman has
resumed his duties, be performed by member as the State
Government may appoint for the purpose.
Appointment of
Chairman and
Member
7. The Chairman and other Members shall be appointed b y the State
Government:
Provided that as nearly as may be one half of the member
of the of the Commission shall be the persons who on the date of
their respective appointment have held office on Group ‘A’ post for
atleast ten years under the Government of India or under the State
Government.
Powers and duties
of Chairman and
other Member
8. (1) The Chairman shall be incharge of the administration of the
Commission and shall have the power to-
(a) Constitute Committees or sub-committees from amongst the
Member with or without one of more non-member;

(b) allocate to Member, committees and sub -committees such work
as is not specifically allocated by this bill or rules or regulation
made there under;
(c) co-ordinate the working of the Commission and its Member;
(d) grant leave to and approve the tour programmes of Member and
officers of the Commission;
(2) The Member shall assist the Chairman in conduction 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 regulation made there under, or by the Chairman under
clause (b) of sub-section (1).
Terms of Office
and conditions of
service of Member
9. (1) The Chairman or every other Member shall hold office for a
term of six years from the date he assumes his office;
1[Provided that no member including the Chairman
shall hold office as such after he as attained the age of sixty
eight years or he has completed his term, whichever is earlier.]
(2) The Chairman or other Member may, at any time, by writing
under his hand addressed to the State Government resign from
his office.

--------------------------- --------------------------------
1- Subs. by section 2 of Uttrakhand Act no. 7 of 2015.

(3) The Chairman or other member may he removed from his
office by an order made by the State Government on the
ground that he has acquired any of the disqualifications
specified in section 10 or on the ground of misconduct or
incapacity after an inqu iry 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
Chairman or
other Member
10. A person shall be disqualified for appointment as Chairman 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 m oral
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 may 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 provision of this Act.
Proceedings of the
Commission not to
be invalidated
12. No bill or proceeding to 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 Chairman or other Member thereof; or
(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.
(2) The Secretary shall exercise such powers and perform such duties
as may be specifi ed in the rules or regulations made under this
Act or as may be directed by the Chairman.
Authentication
of the orders of
the
Commission
14. All the decisions and orders of the Commission shall be authenticated
by the signature of the Secretary or may other officer authorised 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 following powers and duties,
namely-
(a) to prepare guidelines on matters relating to method of recruitment;
(b) to conducted 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 chairman 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 regulatio n either in original or in modified
form.
CHAPTER-IV
NOTIFICATION OF VACNACIES 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 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 the manner prescribed a list of the candidates who
are found suitable.
(2) The list referred to in sub -section (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.

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 Chairman, or in his absence. 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 REPORT
Annual
Reports
21. The Commission shall prepare every year, in such form and in such
manner as may be prescribed, 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 the house 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 ma y, with the previous approval of the State
Government make or amend regulations relating to the
discharge of its functions under this 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 r ules 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 under this
Act.

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