Government of Himochal Pradesh

Deportment of Personnel [A-II)

No. Per(AP-B)-A(3)-4 /2020 Dated Shimla-171 002.

NOTIFICATION

In exercise of the powers conferred by sub-clouse [a) of

Article 318 of the Constitufion of Indio. and in supersession of this
Deportment's Notification No.8-3/72-DP [Apptl. -II) . Doted IS'h Moy.
1974 and furlher amendments mode thereunder from time to tim e.
the Governor. Himachal Pradesh hereby makes the following
Regulations. namely:-

I. SHORT TITLE AND COMMENCEMENT AND APPLICATIONS -

[i) These Regulations may be called the Himachal Pradesh

Public Service Commission [Members) Regulations. 2020

Iii) They shotl come into force from _ _ . 2020

2. DEFINITIONS: In these Regulations. unless Ihe context otherwise

requi res :-

[a) "Chairman" means Chairman of the Commission:

[b) "Governor" means Governor of the State of Himachal

Pradesh;

[c) "Member" means Member of Ihe Commission and includes

the "Chairman" thereof: and

[d) "The Commission" means the Himachal Pradesh Pubtic

Service Commission; and

(e) "The lola I monthly emoluments" m00ns "Emoluments as

defined by the Government from time to time".
3. NUMBER OF MEMBERS : The Commission sholl consist of a Chairman
and such number of Members, not exceeding five IS).

4. APPOINTMENT OF MEMBERS: The Chairman and other Members of

Himachal Pradesh Public Service Commission shall be oppointed
by the Governor ;

Provided that as nearly as may by one-half of fhe

members of every Public Service Commission shall be persons
who at the dates of their respective appointments have held
office for at least 10 years either under the Government of Indio
or under the Government of a State.

The procedure of appointment of Chairman and Member

of the Commission is laid down in Appendix· "A".

5. OATHS : Every Member shall. on appointment. be required to take

the oaths in the forms laid down in Appendix-"B" of these
Regulations . The Oath to the Chairman / Members of the
Himachal Pradesh Public Service Commission will be administered
by the Governor in person in the presence of the Chief Secretary
and that in case the Governor is not in a position to administer
such oath due to any reasons whatsoever the Doth to the
Chairman will be administered by the senior most Member of the
Himachal Pradesh Public Service Commission available and that
to a Member by the Chairman or in his absence by the senior
most Member in the presence of the Chief Secretary.

6. A Member of the Commission sholl hold the office for a period of

six 16) years from the date he/she enters upon the office or until
he/she attains the age of sixty two 162) years, whichever is earlier.
The resignation, suspension and removal of Member sholl be
regulated as per provisions contained in Article-316 & Articie-317
of the Constitution of Indio.

7. The Chairman appointed to the Commission sholl have parity with

the Chief Secretary and Members sha\! hove parity with Principal
Secretary to the State Government only for the purpose of Pay
Scales and Allowances,
8. The pay and drawU of increment(s) in respect of
re-employed pensioners appointed to the post of Chairman and
Member(s) of Himachal Pradesh Public Service Commission shott be
fixed and drawn in accordance with the provisions of Himachal
Pradesh State Civil Services (Fixation of pay of re-employed
Pensioners) Order. 1988 and subsequenl amendments from time to
time.

9. If Ihe Chairman or a Member, at the time o f

appointment as such is a person retired from Government, a Local
Body, a University or any other body wholly or substantially owned or
controlled by the Government or Ex-servicemen belonging to
defence forces, his pay will be fixed stric lly in accordance with the
provisions prescribed in Regulation-8 above. He will however draw
full amount of pension authorized on account of past service . The
service so rendered as Member or Chairman shall not count as
qualifying service for the purpose of re-calculating his pension and
other retirement benefits .

10. II the Chairman or a Member 01 the Commission, at the

time of apPointment as such is a person serving under any
Government Department, Locol Body, a University or any other Body
wholly or substantially owned or controlled by the Government.
he/she shall cease to be in fhe service alter having accepted the
offer 01 appointment by submitling consent and Undertaking for
accepting the terms and conditions 01 appointment strictly in
accordance with the provisions as confained in these regulations,
and acceptance of his notice seeking pre-mature retirement under
the relevant rules. After taking the oath, he will take over the charge
01 Chairman or Member, as the case may be. His/ her pay shall be
lixed strictly as per provision prescribed in Regulation-8 above. If
such a person is not in receipt 01 any pension, his initial pay shall be
lixed at the minimum 01 the scale of pay of the post.

II (I) The Chairman or a Member, who prior to appointment

as such was not in the service under Centrol Government or a Stote
Government. a Local Body, a University or any other body wholly or
substantially owned or controlled by the Central or a State
Government. the pay shall be lixed at the minimum of the scale of
pay.
(2) On ceasing to hold the ollice, such Chairman or
Member of Commission shall be paid a pension far his/her life at the
rate of 6000/- (Rupees 6 thousand) per month in the case of
Chairman and 5000/- (Rupees 5 thousand) per month in the
case of Member for each completed year of service as Chairman
or Member, as the case may be, subject to a maximum of 36,000/-
(Rupees 36 Ihousand) only per month in the case of Chairman and
30,000/- (Rupees 30 thousand) per month in the case of Member.
Relief against price rise in the form of Dearness Relief shall not be
admissible to such person .

Provided that such pension shall not be permissible to

Chairman or Member(s) whose lerms and conditions of
appointment are regulated in terms of the provisions as contained
in Regulations - 9 and 10 ibid.

Provided further that any person appointed as

Chairman or Member after coming into force these regulations will
be covered under "National Pension System" as notified by the
State Government from time to time and in terms of provisions
prescribed in Regulation-14 .

12(1) LEAVE

The Chairman or Member of Ihe Commission shall be granted

only Earned Leave, Half Pay Leave, Commuted leave (on the basis
of medical certificate) , Extra-Ordinary Leave (without Pay) when no
other leave is admissible or the Member concerned applies in
writing for the grant of such Extra Ordinary Leave, Extra Ordinary
Leave for Civil Commotion, Maternity/ Paternity Leave in terms of
the provisions as prescribed in the CCS (Leave) Rules, 1972. Besides,
12 days Casual Leave for completing each calendar month shall
also be granted. All such leave sholl be accorded by the Governor
of Himachal Pradesh.

Where the leave is applied for visiting abroad in private

capacity, the leave will be sanctioned by the Governor and fhe
permission to visit abraad will have to be obtained from the
Government in accordance with the instructions issued by the
Government fram time to time.
 (2) EN -CASHMENT OF UN-UTILIZED EARNED LEAVE

The Chairman and Members of the Commission sholl be

entitled 10 Ihe granl of cash payment in lieu of un-utilized Earned
Leave due on the dole of ceasing to hold office os Chairman or
Member subject to a maximum of 180 days.

13. LEAVE TRAVEL CONCESSION

The Member of the Commission sholl be allowed fa avail Leave

Travel Concession 10 visit Home Town once in a Block of two years
and any place in India once in a Block of four years.

The Member of the Commission sholl also be entitled to encash 10

days Earned Leave of Ihe time of availing of LTC subject to the
following conditions :-

(a) Earned Leave atleost on equivalent duration is also

availed of simultaneously by the Member :

(b) A balance of atleast 30 days of earned leave is still

available to the credit of employee offer faking into account
the period of encashment os well as leave;

(c) The period of leave encoshed sholl be deducted from

Ihe quantam of leave that can be normally encashed by him
at the time of ceasing to hold office under Regulation 12(2) .

14. CONTRIBUTORY PENSION SCHEME

It sholl be permissible for every Member if he/she so elects to

subscribe towards Con tribufory Pension Scheme in force in the
State of Himachal Pradesh .

15. TRAVELLING ALLOWANCE

(I) A Member of the Commission. for joining his office

including the taking of oath and for travelling on duty. sholl be
entitled to Travelling Allowance and mileage allowance at the
rates admissible to on officer of Grade-' of the State
Government. A Member. for joining his office including taking

Regulations the Chairman and other Members of the

Commission shall be governed by the rules and orders for the
time being applicable to such classes of Government servants
as sholl be specified by the Government.
19. POWER TO REMOVE DIFFICULTIES

If any difficulty arises in giving effecl 10 Ihe provisions of Ihese

Regulalions, Ihe Siole Govemmenl may, by order 10 be
published in Ihe Official Gazeffe, make such provisions or give
such direclions os may appear 10 il 10 be necessary or
expedienl for removal of Ihe difficully.