Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ALL INDIA SERVICES ACT, 1951 61 of 1951 [29th October, 1951] CONTENTS 1. Short title 2. Definition 2A. Other All-India Services 3. Regulation of recruitment and conditions of service 4. Continuance of existing rules ALL INDIA SERVICES ACT, 1951 61 of 1951 [29th October, 1951] STATEMENT OF OBJECTS AND REASONS "Article 312 of the Constitution provides that Parliament may by law regulate the recruitment, and the conditions of service of persons appointed to the All India Services common to the Union and the States. At present there are two such All India Services, namely, the Indian Administrative Service and the Indian Police Service. In the absence of any proviso to Art.312 of the Constitution of India similar to that included in Art.309 of the Constitution of India, the Government of India is now compelled to deal with many of these matters by means of non-statutory executive orders. This is neither satisfactory nor quite justifiable. 2. Before the commencement of the Constitution, the Government of India issued the Indian Civil Administrative Cadre Rules and the Indian Police Service Cadre Rules. Although these Rules, in so far as they are not inconsistent with the Constitution, are continued in force by Art.313 of the Constitution of India of the Constitution, they authorise the regulation of only such items relating to the conditions of service as had already been settled. Emergency recruitment to these services to fill the gaps left by the departure of the British element in the I.C.S. and the Indian Police was still in progress at that time. Many matters relating to the conditions of service of such officers were only decided after the Constitution had come into force. Other very important matters such as the fixation of retirement benefits have yet to be settled. Arrangements have also been com- pleted recently to extend the Indian Administrative Service and the Indian Police Service schemes to the Part B States. 3. It is necessary that Parliament should provide the requisite statutory authority to enable the Government of India to carry on the day-to-day management of the two All India Services and also to take and promulgate decisions on matters relating to the recruitment and the conditions of service from time to time- 4- The present Bill se e k s to fill a constitutional lacuna without proceeding to incorporate an) detailed provisions- This course is necessitated, among other things, by the shortness of time available to Parliament this year- After the necessary transitional period is passed through, it will be possible to incorporate the major provisions in an Act of Parliament- The present Bill provides that recruitment and conditions of service of officers of the two All India Services shall be regulated by rules to be made by the Central Government in consultation with the Governments of the participating States- The Bill, however, provides that all the rules so made shall be laid before Parliament and shall be subject to such modifications as Parliament may make". -Gaz- of Ind-, 1951, Part I I -Section 2, page 748. Act 25 of 1958.- The Government of Jammu and Kashmir have agreed to participate in the scheme of All India Services and this has necessitated the constitution of the Indian Administrative Service and Indian Police Service Cadres in that State. Section 3 of the All India Services Act, 1951, empowers the Central Government, in consultation with the States concerned, to make rules for the regulation of recruitment, etc., to an All India Service. The object of this Bill is to make it clear that the expression "State concerned" in that Act includes the State of Jammu and Kashmir. -S.O.R. Gaz. of Ind., 9-5-1958, Pt.ll-S.2, Ext., p. 710. Act 27 of 1963.- Under Art.312(1) of the Constitution of India of the Constitution, the Rajya Sabha passed a resolution on 6th December, 1961, by the prescribed majority, declaring that it is necessary to provide, in the national interest, for the creation of the following All India Services, namely :- (1) the Indian Service of Engineers (Irrigation, Power, Buildings and Roads), (2) the Indian Forest Service, and (3) the Indian Medical and Health Service. The present Bill seeks to create the aforesaid services by amending the All India Services Act, 1951. Under Section 3 of the Act, the Central Government would be empowered to make rules for the regulation of recruitment, and conditions of service of persons appointed, to these services. - S.O.R. - Gaz. of Ind., 19-11-1962, Pt. II, S. 2, Ext., p. 1012. Act 23 of 1975.- In service matters occasions arise when it becomes an inescapable necessity to amend or make rules with retrospective effect. An instance in point is the implementation of the decisions of the Government on the recommendations of the Third Central Pay Commission. 2. Section 3 of the All India Services Act, 1951 which empowers the Central Government to make rules for the regulation of recruitment and the conditions of service of persons appointed to an All India Service does not in terms permit the making of the rules with retrospective effect. In view of the opinion tendered by the Attorney-General in 1969 in connection with a po,int raised by the Public Accounts Committee regarding an exemption notification issued with retrospective effect under Central Excises and Salt Act, 1944 and the subsequent decisions of the Supreme Court, particu- larly the decision in Hukum Chand v. Union of India [(1973) II S.C.W.R. 129], unless the section is suitably amended, it would not be permissible to make any rules thereunder with retrospective effect. It is, therefore, proposed to amend the section so as to empower the Central Government to make rules with retrospective effect subject to the safeguard that no rules shall be made retrospectively so as to prejudicially affect the interests of any person who may be governed by such rules. T h i s safeguard is in accordance with the directions of the Committee on Subordinate Legislation, It is also proposed to validate the rules which have been made in the past with retrospective effect. 3. The Bill seeks to achieve the above objects. -S.O.R. Gaz. of Ind., 21-12-1974, Pt. II, S. 2, Ext., p. 1232. 1. Short title :- This Act may be called The All-India Services Act, 1951. 2. Definition :- In this Act, the expression "an All-India Service" means the service known as the Indian Administrative Service or the service known as the Indian Police Service, 1 [or any other service specified in Section 2A ]. 1. Inserted by the All-India Services (Amendment) Act, 1963 (27 of 1963), S. 2 (6-9-1963). 2A. Other All-India Services :- With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be constituted the following All-India Services and different dates may be appointed for different services, namely:- 1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads); 2. The Indian Forest Service1; 3. The Indian Medical and Health Service.2 ] 1. All-India Forest Service constituted, w.e.f. 1-7-1966. Sec. G. I., 27-8-1966, Pt. II, S. 3(ii), p. 2447. 2. The Indian Medical and Health Service constituted w.e.f. 1-2- 1969, See G. 1. 28-1-1969, Pt. II, S. 3(ii), Ext., p. 115. 3. Regulation of recruitment and conditions of service :- (1) The Central Government may, after consultation with the Governments of the States concerned, 1[including the State of Jammu and Kashmir] 2[and by notification in the Official Gazette] make rules' for the regulation of recruitment, and the conditions of service of persons appointed to an All-India Service. 3[(1 A) The power to make rules confered by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.] 4 [(2) Every rule made by the Central Government under this section and every regulation made under or in pursuance of any such rule, shall be laid as soon as may be after such rule or regulation is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule or regulation or both Houses agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.] [Note :- Gazette references are given wherever available - Ed.] All- India Services (Conduct) Rules, 1954, published in Gaz. of Ind., Extra, of 8-9-1954, Pt. I Sec. I, page 914. Indian Administrative Service (Probation) Rules, 1954, ibid, page 893. Indian Administrative Service (Recruitment) Rules, 1954 , ibid, page 885. Indian Administrative Service (Regulation of Seniority) Rules, 1954, ibid, page 907. Indian Police Service (Probation) Rules, 1954 , ibid, page 897. Indian Police Service (Recruitment) Rules (1954), ibid, page 889. Indian Police Service (Regulation of Seniority) Rules, 1954, ibid, page 911. All India Services (Discipline and Appeal) Rules (1955). Indian Police Service (Fixation of Cadre Strength) Regulation (1955). All India Services (Provident Fund) Rules (1955). Indian Foreign Services, Branch B (Recruitment, Cadre, Seniority and Promotion) Rules, 1954 (amended by Second Amendment Rules, 1970, published in Gaz. of Ind., 1970. Pt. II, S. 3(i), p. 978). Indian Forest Service (Pay) Rules, 1968 , published in Gaz. of Ind., 16-3-1968, Pt. II, S. 3(i), p. 492. All India Services (Confidential Rolls) Rules, 1970 , published in G.I. 25-7-1970, Pt. II, S. 3(i), p. 2532. Indian Salt Service Recruitment Rules, 1970. G.I. 1970, Pt. II, S. 3(i), p. 1502. All-India Services (Death-cum- Retirement Benefits) Rules, 1958, published in Gaz. ofind.. Extra, of 20-8-1958, Pt. II, S. 3(i), page 337. Amended, GSR 17(E) 1975. Forest Service (Cadre) Rules, 1966, published in G. 1., 1-9-1966, Pt. II, S. 3(i), page 1557. Forest Service (Recruitment) Rules, 1966, ibid, page 1559. Forest Service (Initial Recruitment) Rules, 1966, ibid, page 1561. Indian Forest Service (Appointment by Promotion) Regulation, 1966, ibid, page 2095. All India Services (Conduct) Rules, 1968 , published in Gaz. of Ind., 4-1-1969, Pt. II, S. 3(i), p. 2. Medical and Health Service (Recruitment) Rules, 1969, G.I. 15-2-1969, Pt. II, S. 3(i), p. 565. Medical and Health Service (Cadre) Rules, 1969, Ibid, p. 567. Indian Medical and Health Service (Initial Recruitment) Regulations, 1969, Ibid, p. 569. All India Services (Discipline and Appeal) Rules, 1969 , published in G. 1., 12-4-1969, Pt. II, S. 3(i), p. 1021. All India Services (Dearness Allowance) Rules, 1972 (Amended by GSR 20 (E) 1975). Forest Service (Regulation of Seniority) Rules, 1966 published in G. 1., 16-3-1968, Pt. II, S. 3(i), p. 489. Forest Service (Probation) Rules, 1968, published in G. 1., 18-5-1968, Pt. II, S. 3(i), p. 1012. Statistical Service Rules, 1961 (amended by GSR 1950, Dated 13- 12-1966). Central Health Service Rules, 1963 (G.S.R. 787, D/- 1-5- 1963). All India Services (Overseas Pay, Passages and Leave Salary) Rules, 1957. -Gaz. of Ind., 15-2-1957, Pt. II, S. 3, Ext. p. 545 (No. 68). All India Services (Remittances into and Payments from Provident and family pension funds) Rules, 1958All-India Services (Special Disability Leave) Regulations, 1957. All-India Services (Study Leave) Regulations, 1960. All-India Services (Travelling Allowances) Rules, 1954. Foreign Service Rules, 1954. G.I. 31-3-1954, Pt. II, S. 3, Ext. p. 527 (No. 74). Indian Forest Service (Appointment by Competitive Examination) Regulations, 1967. Indian Forest Service (Fixation of Cadre Strength) Regulations, 1966. Indian Forest Service (Probationer's Final Examination) Regulations, 1968. Indian Forest Service (Released Emergency Commissioned and Short Service Commissioned Officers) Appointment by Competitive Examination Regulations, 1968. Indian Police Service (Appointment by Competitive Examination) Regulations, 1955. G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1086 (No. 170). Indian Police Service (Appointment by Promotion) Regulations, 1955, G. I. 6-6-1955, Pt. II, S. 3, Ext., p. 1069 (No. 170). Police Service (Cadre) Rules, 1954. Indian Police Service (Emergency Commissiomned and Short Commissioned Officers) (Appointment by Competitive Examination) Regulations, 1966. Police Service (Recruitment) Rules, 1954. Police Service (Pay) Rules, 1954. Indian Police Service (Probationer's Final Examination) Regulations , 1955, 1959, 1965 and 1968. Indian Police Service (Probationer's Final Examination) Regulations, 1969 . Police Service (Special Allowances) Rules, 1977. Police Service (Uniform) Rules, 1954. Indian Administrative Service (Appointment by Competitive Examination) Regulations, 1955, G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1069 (No. 170). Indian Administrative Service (Appointment by Promotion) Regulations, 1955. G. I.6-6-1955, Pt. II, S. 3, Ext. p. 1074, (No. 170). Indian Administrative Service (Appointment by Selection) Regulations, 1956. Indian Administrative Service (Cadre) Rules, 1954. Indian Administrative Service (Emergency Commissioned and Short Service Commissioned Officers) (Appointment by Competitive Examination) Regulations, 1966. Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. - G.I. 22-10-1955, Pt. II, S. 3, Exts. p. 2289 (No. 325). Indian Administrative Service (Probationer's Final Examination) Regulations, 1955 - G.I. 6-6-1955, Pt. II, S. 3, Ext. p. 1082 (No. 170). Indian Administrative Service (Seniority of Special Recruits) Regulations, 1960. Indian Administrative Service (Special Recruitment) Regulations, 1956. All India Services (Commutation of Pension) Regulations, 1959 . All India Services (Compensatory Allowances) Rules, 1954. All India Services (Condition of Service - Residuary Matters) Rules, 1960. All India Services (Extension to Jammu and Kashmir) Rules, 1959. All India Services (House Building Advance) Rules, 1978 . All India Services (House Rent Allowances) Rules, 1977. All India Services (Joint Cadre) Rules, 1972 . All India Services (Leave) Rules, 1955 . - G.I. 12-9-1955, Pt. II, S. 3, Ext. p. 1945 (No. 274). All India Services (Leave Travel Concession) Rules, 1975. All India Services (Medical Attendance) Rules, 1954 . 1. Inserted by the All-India Services (Amendment) Act, 1958 (25 of 1958), S. 2 (3-9-1958). 2. Inserted, Amendment Act (19 of 1975), S. 3 (6-5-1975). 3. Sub-section (1A) inserted by Amendment Act (23 of 1975), S. 2 (9-5-1975). 4. Sub-section (2) substituted by Amendment Act (19 of 1975), S. 3 (6-5-1975). 4. Continuance of existing rules :- All rules in force immediately before the commencement of this Act and applicable to an All India Service shall continue to be in force and shall be deemed to be rules made under this Act,