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339 lines
18 KiB
Plaintext
PART XIV
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SERVICES UNDER THE UNION AND THE STATES
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CHAPTER I.— SERVICES
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308. Interpretation.—In this Part, unless the context otherwise requires,
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the expression “State” does not include the State of Jammu and Kashmir.
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309. Recruitment and conditions of service of persons serving the
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Union or a State.—Subject to the provisions of this Constitution, Acts of the
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appropriate Legislature may regulate the recruitment, and conditions of service
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of persons appointed, to public services and posts in connection with the affair
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s
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of the Union or of any State:
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Provided that it shall be competent for the President or such person as he
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may direct in the case of services and posts in connection with the affairs of t
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he
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Union, and for the Governor of a State or such person as he may direct in the
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case of services and posts in connection with the affairs of the State, to make
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rules regulating the recruitment, and the conditions of service of persons
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appointed, to such services and posts until provision in that behalf is made by
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or under an Act of the appropriate Legislature under this article, and any rules
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so made shall have effect subject to the provisions of any such Act.
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310. Tenure of office of persons serving the Union or a State.—(1)
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Except as expressly provided by this Constitution, every person who is a
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member of a defence service or of a civil service of the Union or of an allIndia
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service or holds any post connected with defence or any civil post under
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the Union holds office during the pleasure of the President, and every person
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who is a member of a civil service of a State or holds any civil post under a
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State holds office during the pleasure of the Governor of the State.
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(2) Notwithstanding that a person holding a civil post under the Union or
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a State holds office during the pleasure of the President or, as the case may be
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,
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of the Governor of the State, any contract under which a person, not being a
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member of a defence service or of an all-India service or of a civil service of
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the Union or a State, is appointed under this Constitution to hold such a post
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may, if the President or the Governor, as the case may be, deems it necessary in
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order to secure the services of a person having special qualifications, provide
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for the payment to him of compensation, if before the expiration of an agreed
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period that post is abolished or he is, for reasons not connected with any
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misconduct on his part, required to vacate that post.
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150
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151
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THE CONSTITUTION OF INDIA
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311. Dismissal, removal or reduction in rank of persons employed in
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civil capacities under the Union or a State.—(1) No person who is a member
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of a civil service of the Union or an all-India service or a civil service of a
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State or holds a civil post under the Union or a State shall be dismissed or
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removed by an authority subordinate to that by which he was appointed.
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(2) No such person as aforesaid shall be dismissed or
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removed or reduced in rank until he has been given a reason-
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able opportunity of showing cause against the action proposed
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to be taken in regard to him :-
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Provided that this clause shall not apply
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(a) where a person is dismissed or removed or re
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duced in rank on the ground of conduct which
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has led to his conviction on a criminal charge ;
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(b) where an authority empowered to dismiss or
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remove a person or to reduce him in rank is
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satisfied that for some reason, to be recorded
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by that authority in writing, it is not reason-
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ably practicable to give to that person an
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opportunity of showing cause ; or
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(c) where the President or Governor or Rajpra*
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mukh, as the case may be, is satisfied that in
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the interest of the security of the State it is
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not expedient to give to that person such an
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opportunity.
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(3) If any question arises whether it is reasonably
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practicable to give to any person an opportunity of showing
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cause under clause (2), the decision thereon of the authority
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empowered to dismiss or remove such person or to reduce
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him in rank, as the case may be, shall be final.
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312. All-India services.—(1) Notwithstanding anything in Part XI, if the Counc
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il of States has declared by resolution
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supported by not less than two-thirds of the members present and voting that it
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is necessary or expedient in the national interest so to do, Parliament may by
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law provide for the creation of one or more all India services common to the Uni
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on and the States, and, subject to the
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other provisions of this Chapter, regulate the recruitment, and the conditions o
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f
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service of persons appointed, to any such service.
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152
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THE CONSTITUTION OF INDIA
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(2) The services known at the commencement of this Constitution as the
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Indian Administrative Service and the Indian Police Service shall be deemed to
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be services created by Parliament under this article.
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313. Transitional provisions.—Until other provision is made in this
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behalf under this Constitution, all the laws in force immediately before the
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commencement of this Constitution and applicable to any public service or any
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post which continues to exist after the commencement of this Constitution, as
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an all-India service or as service or post under the Union or a State shall
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continue in force so far as consistent with the provisions of this Constitution.
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314. Except as otherwise expressly provided by this
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Constitution every person who having been appointed by the Secretary of State
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or Secretary of State in Council to a civil
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service of the Crown in India continues on and after the
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commencement of this Constitution to serve under the Gov-
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ernment of India or of a State shall be entitled to receive
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from the Government of India and the Government of the
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State, which he is from time to time serving, the same con-
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ditions of service as respects remuneration, leave and pension,
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and the same rights as respects disciplinary matters or rights
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as similar thereto as changed circumstances may permit as
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that person was entitled to immediately before such com-
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mencement.
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CHAPTER II.— PUBLIC SERVICE COMMISSIONS
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315. Public Service Commissions for the Union and for the States.—
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(1) Subject to the provisions of this article, there shall be a Public Service
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Commission for the Union and a Public Service Commission for each State.
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(2) Two or more States may agree that there shall be one Public Service
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Commission for that group of States, and if a resolution to that effect is passe
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d
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by the House or, where there are two Houses, by each House of the Legislature
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of each of those States, Parliament may by law provide for the appointment of a
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Joint State Public Service Commission (referred to in this Chapter as Joint
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Commission) to serve the needs of those States.
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154
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THE CONSTITUTION OF INDIA
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(3) Any such law as aforesaid may contain such incidental and
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consequential provisions as may be necessary or desirable for giving effect to
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the purposes of the law.
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(4) The Public Service Commission for the Union, if requested so to do
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by the Governor of a State, may, with the approval of the President, agree to
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serve all or any of the needs of the State.
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(5) References in this Constitution to the Union Public Service
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Commission or a State Public Service Commission shall, unless the context
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otherwise requires, be construed as references to the Commission serving the
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needs of the Union or, as the case may be, the State as respects the particular
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matter in question.
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316. Appointment and term of office of members.—(1) The Chairman
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and other members of a Public Service Commission shall be appointed, in the
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case of the Union Commission or a Joint Commission, by the President, and in
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the case of a State Commission, by the Governor of the State:
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Provided that as nearly as may be one-half of the members of every
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Public Service Commission shall be persons who at the dates of their respective
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appointments have held office for at least ten years either under the
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Government of India or under the Government of a State, and in computing the
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said period of ten years any period before the commencement of this
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Constitution during which a person has held office under the Crown in India or
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under the Government of an Indian State shall be included.
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(2) A member of a Public Service Commission shall hold office for a
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term of six years from the date on which he enters upon his office or until he
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attains, in the case of the Union Commission, the age of sixty-five years, and i
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n
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the case of a State Commission or a Joint Commission, the age of sixty
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years, whichever is earlier:
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Provided that—
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(a) a member of a Public Service Commission may, by writing under
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his hand addressed, in the case of the Union Commission or a Joint
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Commission, to the President, and in the case of a State Commission, to
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the Governor of the State, resign his office;
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155
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THE CONSTITUTION OF INDIA
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(b) a member of a Public Service Commission may be removed from
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his office in the manner provided in clause (1) or clause (3) of
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article 317.
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(3) A person who holds office as a member of a Public Service
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Commission shall, on the expiration of his term of office, be ineligible for rea
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ppointment to that office.
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317. Removal and suspension of a member of a Public Service
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Commission.—(1) Subject to the provisions of clause (3), the Chairman or
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any other member of a Public Service Commission shall only be removed from
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his office by order of the President on the ground of misbehaviour after the
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Supreme Court, on reference being made to it by the President, has, on inquiry
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held in accordance with the procedure prescribed in that behalf under article
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145, reported that the Chairman or such other member, as the case may be,
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ought on any such ground to be removed.
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(2) The President, in the case of the Union Commission or a Joint
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Commission, and the Governor in the case of a State Commission, may
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suspend from office the Chairman or any other member of the Commission in
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respect of whom a reference has been made to the Supreme Court under clause
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(1) until the President has passed orders on receipt of the report of the Suprem
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e
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Court on such reference.
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(3) Notwithstanding anything in clause (1), the President may by order
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remove from office the Chairman or any other member of a Public Service
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Commission if the Chairman or such other member, as the case may be,—
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(a) is adjudged an insolvent; or
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(b) engages during his term of office in any paid employment outside
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the duties of his office; or
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(c) is, in the opinion of the President, unfit to continue in office by
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reason of infirmity of mind or body.
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(4) If the Chairman or any other member of a Public Service
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Commission is or becomes in any way concerned or interested in any contract
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or agreement made by or on behalf of the Government of India or the
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Government of a State or participates in any way in the profit thereof or in any
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benefit or emolument arising therefrom otherwise than as a member and in
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common with the other members of an incorporated company, he shall, for the
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purposes of clause (1), be deemed to be guilty of misbehaviour.
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156
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THE CONSTITUTION OF INDIA
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318. Power to make regulations as to conditions of service of
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members and staff of the Commission.—In the case of the Union
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Commission or a Joint Commission, the President and, in the case of a State
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Commission, the Governor of the State may by regulations—
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(a) determine the number of members of the Commission and their
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conditions of service; and
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(b) make provision with respect to the number of members of the
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staff of the Commission and their conditions of service:
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Provided that the conditions of service of a member of a Public Service
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Commission shall not be varied to his disadvantage after his appointment.
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319. Prohibition as to the holding of offices by members of
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Commission on ceasing to be such members.—On ceasing to hold office—
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(a) the Chairman of the Union Public Service Commission shall be
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ineligible for further employment either under the Government of India
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or under the Government of a State;
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(b) the Chairman of a State Public Service Commission shall be
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eligible for appointment as the Chairman or any other member of the
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Union Public Service Commission or as the Chairman of any other State
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Public Service Commission, but not for any other employment either
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under the Government of India or under the Government of a State;
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(c) a member other than the Chairman of the Union Public Service
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Commission shall be eligible for appointment as the Chairman of the
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Union Public Service Commission or as the Chairman of a State Public
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Service Commission, but not for any other employment either under the
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Government of India or under the Government of a State;
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(d) a member other than the Chairman of a State Public Service
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Commission shall be eligible for appointment as the Chairman or any
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other member of the Union Public Service Commission or as the
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Chairman of that or any other State Public Service Commission, but not
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for any other employment either under the Government of India or under
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the Government of a State.
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320. Functions of Public Service Commissions.—(1) It shall be the
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duty of the Union and the State Public Service Commissions to conduct
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examinations for appointments to the services of the Union and the services of
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the State respectively.
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157
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THE CONSTITUTION OF INDIA
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(2) It shall also be the duty of the Union Public Service Commission, if
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requested by any two or more States so to do, to assist those States in framing
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and operating schemes of joint recruitment for any services for which
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candidates possessing special qualifications are required.
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(3) The Union Public Service Commission or the State Public Service
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Commission, as the case may be, shall be consulted—
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(a) on all matters relating to methods of recruitment to civil
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services and for civil posts;
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(b) on the principles to be followed in making appointments to
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civil services and posts and in making promotions and transfers from one
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service to another and on the suitability of candidates for such
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appointments, promotions or transfers;
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(c) on all disciplinary matters affecting a person serving under the
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Government of India or the Government of a State in a civil capacity,
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including memorials or petitions relating to such matters;
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(d) on any claim by or in respect of a person who is serving or
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has served under the Government of India or the Government of a State
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or under the Crown in India or under the Government of an Indian State,
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in a civil capacity, that any costs incurred by him in defending legal
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proceedings instituted against him in respect of acts done or purporting
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to be done in the execution of his duty should be paid out of the
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Consolidated Fund of India, or, as the case may be, out of the
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Consolidated Fund of the State;
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(e) on any claim for the award of a pension in respect of injuries
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sustained by a person while serving under the Government of India or
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the Government of a State or under the Crown in India or under the
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Government of an Indian State, in a civil capacity, and any question as to
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the amount of any such award,
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and it shall be the duty of a Public Service Commission to advise on any matter
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so referred to them and on any other matter which the President, or, as the case
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may be, the Governor of the State, may refer to them:
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Provided that the President as respects the all-India services and also as
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respects other services and posts in connection with the affairs of the Union,
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and the Governor, as respects other services and posts in connection with the
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affairs of a State, may make regulations specifying the matters in which either
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generally, or in any particular class of case or in any particular circumstances
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, it
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shall not be necessary for a Public Service Commission to be consulted.
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158
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THE CONSTITUTION OF INDIA
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(4) Nothing in clause (3) shall require a Public Service Commission to
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be consulted as respects the manner in which any provision referred to in clause
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(4) of article 16 may be made or as respects the manner in which effect may be
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given to the provisions of article 335.
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(5) All regulations made under the proviso to clause (3) by the President
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or the Governor of a State shall be laid for not less than fourteen days before
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each House of Parliament or the House or each House of the Legislature of the
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State, as the case may be, as soon as possible after they are made, and shall be
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subject to such modifications, whether by way of repeal or amendment, as both
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Houses of Parliament or the House or both Houses of the Legislature of the
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State may make during the session in which they are so laid.
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321. Power to extend functions of Public Service Commissions.—An
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Act made by Parliament or, as the case may be, the Legislature of a State may
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provide for the exercise of additional functions by the Union Public Service
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Commission or the State Public Service Commission as respects the services of
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the Union or the State and also as respects the services of any local authority
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or
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other body corporate constituted by law or of any public institution.
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322. Expenses of Public Service Commissions.—The expenses of the
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Union or a State Public Service Commission, including any salaries,
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allowances and pensions payable to or in respect of the members or staff of the
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Commission, shall be charged on the Consolidated Fund of India or, as the case
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may be, the Consolidated Fund of the State.
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323. Reports of Public Service Commissions.—(1) It shall be the duty
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of the Union Commission to present annually to the President a report as to the
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work done by the Commission and on receipt of such report the President shall
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cause a copy thereof together with a memorandum explaining, as respects the
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cases, if any, where the advice of the Commission was not accepted, the
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reasons for such non-acceptance to be laid before each House of Parliament.
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(2) It shall be the duty of a State Commission to present annually to the
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Governor of the State a report as to the work done by the Commission, and it
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shall be the duty of a Joint Commission to present annually to the Governor of
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each of the States the needs of which are served by the Joint Commission a
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report as to the work done by the Commission in relation to that State, and in
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either case the Governor, shall, on receipt of such report, cause a copy thereof
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together with a memorandum explaining, as respects the cases, if any, where
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the advice of the Commission was not accepted, the reasons for such nonacceptanc
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e to be laid before the Legislature of the State.
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