The Former Secretary Of State Service Officers (Conditions Of Service) Act, 1972

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The Former Secretary Of State Service Officers (Conditions Of Service) Act has been enacted on 21st September 1972. This Act has been incorporated to provide dissimilarity and invalidation of provisions of service of former secretary of State service Officers in pursuance to the matters related to this Act. This Act applied to the Secretary of the State appointed before the framework of our Indian Constitution.

This Act provides conditions of services of Indian Civil Service (ICS) members of the Indian Administration Services (IAS) in pursuance to the remuneration, leave and pension. This Act also deals with the rights in respect of disciplinary matters of our IAS Officers. All other matters with regard to the rights of ICS OF IAS Officers are similar to that of other Officers as mentioned in All-India Services Act, 1951 and such other laws and regulations in force shall be governing the members. In case of Indian Police Members of Indian Police Services (IPS) the rules and regulations will sustain the same as that for the ICS members of IAS Officers.

In case of payment to ICS members of IAS Officer and Indian Police members of IPS Officers shall be always as that was mentioned based on the provisions applicable in Section 3 and Section 4 of this Act but in case of the member holding office as specified by the Central Government or equivalent post shall be paid against the post that are mentioned in the schedule.

In case of Retirement of ICS members of IAS Officers and Indian Police members of IPS Officers shall be within the rules mentioned under Section 3 and Section 4 of this Act. This is except those members or Officers whose services extended a day before appointment day in accordance with rules and regulations applicable or extended on or after a day in accordance with the rules and regulations applicable to other members of IAS shall retire compulsorily. This Compulsory retirement is when he attains the age of Forty Eight before the expiry of six months from the appointment date.

The Central Government shall have absolute power over ICS member of IAS Officer and Indian Police member of IPS. It can always call for any person to retire when he has completed a successful thirty years of service or fifty years of age. It can do so with three months notice period to the person in consultation with Government of State to whom his cadre borne with.

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The above mentioned members gets pension as specified under Section 8 of this Act. The Central Government has absolute power to cancel or withdraw pension from any member as and when it is necessary in pursuance to this Act. It can also take recovery actions if it deems fit or to grant retirement benefit and such member may be made to retire under Section 6 of this Act to receive annuity rupees worth Rupees Thirty thousand three hundred and thirty three and one third. This gratuity benefits or family pension benefits shall not be available unless it has been exercised to do so as per the time specified in this Act.

In case of pension to the former secretary of State Services Officer shall be paid only in Indian Currency at the exchange rate of Thirteen and one-third of pound sterling and in case if he is domicile in India and having services on 1st day of February 1921the rate vary to fifteen, if the amount paid is of sterling from outside India. In case of annuity and other benefits it will be paid as prescribed under this Act.

The Central Government has powers to regulate to achieve the objectives of this Act or any Act in force. Any Court or tribunal authority empowered to pass any number of rules in pursuance of this Act. The Central Government may pass such general or special Order to remove difficulties in making any provisions in pursuance to this Act. This Act has no overriding effect unless it is inconsistency to other law that is in force. Any Order made on disciplinary matters before the day of appointment shall remain from appointment date unless such order stands in derogation of such other order passed by other authority under any other laws in force.

This Law has become obsolete and the Law Commission of India in its 250th report has recommended this Act also to get repealed.  This has to be repealed because this Act was applicable to the secretary who are appointed before our Indian Constitution and now it has been around 67 years has gone they would have retired. So in no way this Act serve for anybody and it is recommended the Central Government to repeal this Act with proper saving clauses to protect the rights accrued to any Officer under this Act.

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by C.Srivenkatesh Prabhu