THE ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION, REGULATIONS, 1988

1. No. O.M. 15/88 - In exercise of the powers conferred by the Article 318 of the Constitution of India, the Governor of Arunachal Pradesh is pleased to make the following Regulations in respect of the composition and staff of the Arunachal Pradesh Public Service Commission, their tenure of office and conditions of service.

2. They will come into force with effect from the 1st day of April, 1988.

PART-I: Introductory

1. These Regulations may be called the Arunachal Pradesh Public Service Commission Regulations, 1988.
2. These Regulations shall extend to the whole of the State of Arunachal Pradesh and shall come into force on 1st April, 1988.
3. In these Regulations, unless there is something repugnant in the subject or context:-
   1. "Governor" means the Governor of Arunachal Pradesh.
   2. "Commission" means the Arunachal Pradesh Public Service Commission.
   3. "Chairman" means the Member of the Commission who is appointed as Chairman.
   4. "Member" means a Member of the Arunachal Pradesh Public Service Commission and includes the Chairman thereof.
   5. "Compensatory allowance" means an allowance granted to meet personal expenditure necessitated by special circumstances in which duty is performed; and
   6. "Constitution" means Constitution of India.

PART-II: Composition, Pay and Tenure

4. The commission shall consist of a Chairman and two or more Members as may be determined by the Governor from time to time and shall be appointed by the Governor.
5. A member of the Commission shall hold office for term of six years from the date on which he enters upon his office or until he attains the age of 62 years whichever is earlier, provided that a Member of the Commission may, by writing under his hand, addressed to the Governor, resign his office earlier; further that a Member of the Commission may be
   1. removed from his office earlier in the manner provided in clause (1) or clause (3) of Article 317 of the Constitution;
   2. Suspended in the manner provided in clause (2) of Article 317 of the Constitution
6. The Chairman of the Commission shall receive his pay in the scale of Rs 2500-125/2-2750 p.m and a Member shall receive pay in the scale of Rs 2000-125/2-2250 p.m and dearness allowance and other allowances;

Provided that in case of an appointment as the Chairman or a Member, a person who had retired from service under the Government, a local body, a University or any other body, wholly or partly owned or controlled by the Government, and who is in receipt of or has become entitled to receive any retirement benefits by way of pension, gratuity, contributory provident fund or otherwise; the pay specified in in these Regulations shall be reduced by the gross amount of pension (including any portion of the pension, which may have been commuted) and the pension equivalent of other forms of retirement benefits, if any, or at the option of the pensioner, the pension may be kept in abeyance, in which case the Chairman or the Member will be allowed to draw the full pay and allowances as provided in this clause.

Provided further that a person who had been in the service of the Government, a local body, a university or any body wholly or partly owned or controlled by the Government, is appointed as the Chairman or a Member of the Commission, shall be entitled to get the protection of the pay drawn by him in the service, in accordance with the provisions of the Fundamental Rules and Supplementary Rules.

EXPLANATION: For the purpose of these Regulations -

1. Service under the Union or a State Public Service Commission shall be considered as service under the Government.
2. The term 'University' shall include any institution for higher education, wholly or partly financed by the Central Government or any State Government or both and deemed to be a University under Section 3 of the University Grants Commission Act, 1956.
3. The term 'Any other body wholly or partly owned or controlled by the Government' shall include a Government Company as defined in the Companies Act, 1956 and any other statutory body, whether incorporated or not, in which the Central Government or any State Government, or both has a controlling interest in the share or other capital thereof has directly or through its nominees, substantial control over its working.

Dearness: The Chairman and other Members shall receive Dearness Allowance at the rates Allowance: applicable from time to time to the State Government servants.

1. The Chairman and other Members shall be entitled to the facilities for medical treatment and accommodation in hospital as admissible to the Secretaries to the Government of Arunachal Pradesh.
2. The Chairman and other Members shall be entitled to the facilities of rent free accommodation or House Rent Allowance in lieu thereof, as admissible to the State Government servants drawing an equivalent pay.

7. 1. The Chairman or a Member, who, on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall cease to be in service and his pay, leave and pension shall be regulated in accordance with the provisions of these Regulations.
   2. The Chairman or a Member, who, on the date of his appointment to the Commission, was in the service of the Central or a State Government may elect to draw his pension and other retirement benefits admissible to him under the rules of his Government service or may elect to grant his
   3. The option as in clause (b) of this Regulation shall be exercised within a period of six months from the date of his assuming the office in the Commission. The option once exercised shall be final.
   4. In case a Member, who was in the service of the Central or State Government on the date of his appointment to the Commission, elects to draw his pension and other retirement benefits admissible to him under the rules applicable to him in respect of his Government service, his pay as Chairman or a Member of the Commission, as specified in rule 6, shall be reduced by the gross amount of pension (including any portion of the pension which may have been commuted) and the pension equivalent of other forms of retirement benefits, if any.

PART-III: Leave

8. 1. A Member who on the date of his appointment was in the service of the Government of India or any State Government, may be granted leave under the rules applicable to him and his service as Member shall count for such leave.
   2. A Member may draw during the period of leave granted under Clause (i) such leave salary as he may be entitled to under the rules applicable to him.
   3. A Member who at the date of his appointment was not in the service of the Government of India or a State may be granted leave as follows:

      1. Earned Leave on full pay at the rate of thirty days for every completed calendar year of service or a part thereof.

         Provided that the leave account shall be credited with earned leave, in advance, in two installments of fifteen days each on the first day of January and July of every calendar year.

         Provided further that earned leave at the credit at the close of previous half year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus credit for the half year do not exceed the maximum limit or two hundred and forty days.

      2. Half pay leave on medical certificate or on private affairs at the rate of twenty days in respect of each completed year of service and the leave salary for half pay leave shall be equivalent to half of the leave salary admissible during the earned leave.
      3. Leave on half pay may be commuted to full pay leave at the discretion of the Chairman or a Member, provided it is taken on medical grounds and is supported by a medical certificate by a competent medical authority. When commuted leave is granted twice the amount of such leave shall debited against the half pay leave due.
      4. Extraordinary leave without pay and allowances subject to a maximum of three months at any one time.
9. The leave at the credit of the Chairman or a Member, who at the time of his appointment to the Commission was in the service of the Central or a State Government in his leave account shall not lapse on the date of his appointment as the Chairman or a Member, but shall be carried forward and can be availed of during his tenure as Chairman or a Member.
10. Leave sanctioning authority :- The Chairman shall be the authority competent to sanction leave to a Member and the Governor shall be the authority competent to sanction leave to the Chairman.

PART-IV: Pension of Members

11. No pension shall attach to the office of Member as such, but in the case of a Member who at the date of his appointment was in the service of the Government of India or a State, service as Member shall count for pension under the rules applicable to the service to which such Member belongs. Provided that a Chairman or a Member who at the date of his appointment was in the service of the Government of India or a State shall cease to count his service as Chairman or a Member for pension under this Regulation from the date from which he ceases to be a Member of that service. Provided further that in the case of retired Government servant, service as Chairman or Member shall not count as qualifying service for the purpose of recalculating his pension at the expiry of his tenure of office as Chairman or Member.

Provident Fund

12. A Member who at the date of his appointment, was in the service of the Government of India or of a State and prior to that date had been admitted to the benefits of the General Provident Fund maintained by Government, shall be eligible after appointment to continue to subscribe to the said fund on the same terms and conditions and subject to the same rules as previously.

PART-V: Travelling and other Allowances

13. 1. A Member who at the date of his appointment was in the service of the Government of India or of a State shall for his journey to join his appointment as Member draw the travelling allowance admissible on transfer to an officer of the rank of Secretary to the Government.
    2. Member who at the date of his appointment is not in the service of the Government of India or of a State shall for his journey to join his appointment a Member draw the travelling allowance admissible on transfer to an officer of the rank of Secretary to the Government.
    3. A Member shall be entitled when travelling on duty, to draw travelling allowances at the rates laid down in the Travelling Allowances Rules for a Senior grade officer of the rank of Secretary to the Government of Arunachal Pradesh.

PART-VI: Staff of the Commission and their condition of Service

14. The staff of the Commission shall include a Secretary and such member of Gazetted and Non-Gazetted officers as the Governor may from time to time determined.
15. The Secretary shall be appointed by the Commission with the approval of the Governor. The normal tenure of the office of the Secretary shall be five years provided that -
    1. which making the appointment, the Commission may, for special reasons, fix with the approval of the Governor a shorter tenure;
    2. Commission may, with the approval of the Governor, extend the tenure of the Secretary by any period not exceeding five years.
16. The Secretary shall be paid during the tenure of his office pay according to the terms of service to which he belongs plus a special pay of Rs 200 per mensem.
17. In respect of all other matters for which provision is not made be these Regulations, the conditions of service of the Secretary shall be the same as those of the other Members of service to which they belong provided that if a person, who does not belong to any service under the Central or State Government, is appointed to the post of the Secretary, his conditions of service, shall be such as may be determined by the Governor, and such conditions shall be embodied in a formal contract to be entered into between him and the Governor.
18. The Ministerial Gazetted shall be appointed by the Commission from amongst the Ministerial officers of the Commission on the basis of seniority-cum-merit and the Non-Gazetted staff including Group 'D' Government servants shall be appointed by the Secretary of the Commission. They shall have the same status and shall receive such emoluments as are admissible to Government servants of the corresponding grades in the Arunachal Pradesh Secretariat.
19. The Commission, in case of the Gazetted staff and the Secretary, in case of the Non-Gazetted staff including the Group 'D' emoluments shall be the pay.
20. In respect of any matter for which provision is not made by these Regulations, the conditions of service of a person serving as a Member of the Commission or its staff shall be governed by the rules and orders for the time being applicable to such class of Government servant as shall be specified by the Governor.

By Order
V.K Kapoor
ORGANISATION AND METHODS DEPARTMENT
The 29th March, 1988

No. OM-15/88 - In pursuance of the provisions of Article 315 of the Constitution of India, read with clause 4 of the Arunachal Pradesh Public Service Commission Regulations, 1988, the Governor of Arunachal Pradesh is hereby pleased to constitute the Arunachal Pradesh Public Service Commission with Headquarters at Itanagar, with effect 1st April, 1988. The Commission shall consist of a Chairman and two members.

V.K Kapoor
Chief Secretary to the
Government of Arunachal Pradesh