Union Public Service Commission (Exemption from Consultation) Regulations 1958

Union Public Service Commission (Exemption from Consultation) Regulations, 1958 and amendments – Compilation (as amended upto 03.04.2023)

[Compilation (as amended upto 03.04.2023)]

No. F. 18/4/51-Ests(B)
Government of India
Ministry of Home Affairs

New Delhi, the 1st September, 1958

NOTIFICATION

G.S.R. 789.- In exercise of the powers conferred by the proviso to clause (3) of article 320 of the Constitution and in supersession of all previous regulations on the subject, the President hereby makes the following regulations, namely –

1. These regulations may be called the Union Public Service Commission (Exemption from Consultation) Regulations, 1958.

2. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clauses (a) and (b) of clause (3) of the Article 320 of the Constitution in the case of the services and posts specified in the Schedule I# to these Regulations.

2A. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clause (b) of clause (3) of Article 320 of the Constitution in the case of posts specified in Schedule II to these Regulations.

3. Save as otherwise expressly provided in the rules governing recruitment to the Civil Service or Civil post concerned, it shall not be necessary to consult the Commission in regard to the selection for appointment:

• (a) to a post included in an All India Service, of any Officer who is already a member of an All India Service:
• (b) to a post included in a Central Service Group A of any Officer in the Armed Forces of the Union or any officer who is already a member of an All India Service or a Central Service, Group A:
• (c) to a Central Service, Group B, or to a post included in a Central Service, Group B, or any officer who is already a member of a Central Service, Group B, or Central Service, Group C or of any officer in the Armed Forces of the Union; and
• (d) to a tenure post included in Central Service Group A or a Central Service Group B, of an Officer of a State Service.

Note:- In this regulation-

(i) the terms “Central Service, Group A”, “Central Service Group B” and “Central Service, Group C” shall include the corresponding Railway Services and Defence Services (Civilian);

(ii) the term ‘Officer’ means a person appointed to an All India Service or the Armed forces of the Union, or a Central Service Group A, or Central Service Group B, or a Central Service Group C or a State Service, as the case may be in accordance with the relevant recruitment rules.

(iii) the term “State Service” means service in a State appointments to which are made by the Governor;

(iv) the term “tenure post’ means a post whether permanent or temporary, which has been classified as a tenure post in consultation with the Commission.

4. It shall not be necessary to consult the commission in regard to the selection for a temporary or officiating appointment to a post, if-

• (a) the person appointed is not likely to hold the post for a period of more than one year; and
• (b) it is necessary in the public interest to make the appointment immediately and reference to the Commission will cause undue delay.

Provided that-

(i) such appointment shall be reported to the commission as soon as it is made;

(ii) if the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post shall be made and reported to the Commission; and

(iii) if such estimate indicates that the person appointed is likely to hold the post for period of more than one year from the date of appointment, the Commission shall immediately be consulted, the Commission shall immediately be consulted in regard to the filling of the post.

5. (1) It shall not be necessary to consult the Commission in regard to the making of any order in any disciplinary case other than:

(a) an original order by the President imposing any of the following penalties:-

(i) Censure

(ii) Withholding of increments or promotion;

(iii) recovery from the pay of the whole or part of any pecuniary loss caused to the Government by negligence or breach of orders;

(iv) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(ivA) reduction to a lower time scale of pay, grade, post or Service with or without further directions regarding conditions of restoration to the grade or post or Service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or Service;

(v) compulsory retirement;

(vi) removal from service;

(vii) ismissal from service:

(b) an order by the President on an appeal against an order imposing any of the said penalties made by a subordinate authority;

(c) an order by the President over- ruling or modifying, after consideration of any petition or memorial or otherwise, an order imposing any of the said penalties made by the President or by a subordinate authority;

(d) an order by the President imposing any of the said penalties in exercise of his powers of review and in modification of an order under which none of the said penalties has been imposed.

(2) It shall not be necessary to consult the Commission in regard to any disciplinary matter affecting a person belonging to a Defence Service (Civilian).

(3) It shall not be necessary for the President to consult the Commission-

(a) in any case where the President proposes to make an order of dismissal, removal or reduction in rank after being satisfied that such action is necessary in the interest of the security of the State; and

(b) in any case where the President proposes to make an order under rule 3 of the Central Civil Services ( Safeguarding of National Security) Rules, 1953, or rule 3 of the Railway Services (Safeguarding of National Security ) Rules, 1954, as amended by the Railway Services (Safeguarding of National Security ) Amendment Rules, 1960.

5A It shall not be necessary to consult the Commission in regard to any matter mentioned in sub-clause (d) of Clause 3 of Article 320 of the Constitution:-

(a) in the case of a person belonging to Central Service Group ‘C’ or Central Service Group ‘D’;

(b) in any other case, where the Government has accepted the claim of the Government servant.

6. It shall not be necessary to consult the Commission in regard to any of the matters mentioned in sub-clause (e) of clause (3) of Article 320 of the Constitution in the case of –

(a) a person belonging to an All India Service or a Central Service, Group A or a Central Service, Group B, in so far as claims arising out of injuries sustained at any time during which the proclamation, issued on 26th October, 1962 by the President under Clause (1) of Article 352 of the Constitution, remains in operation, are concerned; and

(b) a person belonging to a Central Service, Group C or a Central Service, Group D.

#. Substituted vide DOPT Notification No. 39018/5/90-Estt (B) dated 13/11/91. (GSR 666 dated 30th November, 1991)

αInserted vide DOPT Notification No. 39018/5/90-Estt(B) dated 13/11/91. (GSR 666 dated 30th November, 1991)

€ Substituted vide D/o Personnel and AR Notification No. 18/10/74-Estt. (B) dated 29/4/1975. (GSR 594 dated 17th May 1975) as amended vide DOPT Notification No. 39015/2/75-Estt (B) dated 5/7/76. (GSR 1063 dated 24th July, 1976)

µ Substituted vide Cabinet Secretariat (Department of Personnel) Notification No. 18/4/71-Estt.(B) dated 6/9/71. (GSR 1654 dated 6the November, 1971)

£ Substituted vide Cabinet Secretariat (Department of Personnel) Notification No. 18/4/71-Estt. (B) dated 6/9/71. (GSR 1654 dated 6th November, 1971)

¥ Inserted vide MHA Notification No. 18/7/59-Estt. (B) dated 23/5/1961. (GSR 731 dated 3rd June, 1961).

± Substituted vide MHA Notification No. 18/10/60- Estt. (B) dated 17/8/1961. (GSR 1047 dated 26th August, 1961)

Ω Inserted vide DOPT Notification No. 39018/3/85-Estt. (B) dated 1/4/86. (GSR 268 dated 12th April, 1986)

™Substituted by MHA Notification No. 18/5/65-Estt. (B) dated 10/11/65. (GSR 1672, dated 20th November, 1965).