Untitled Document
PUBLIC
SERVICES BILL, 2006
BILL NO. … OF 2006.
A BILL
To provide a statutory basis for the regulation of the Public Services in India,
to review and lay down the fundamental values of Public Services, the Public
Services Code of Ethics, Public Service Management Code, Protection of Whistleblowers
and the Recruitment Code governing the Public Services, to establish Public
Services Authority for facilitating review and proper development of public
services and for matters connected therewith or incidental thereto, with the
overarching objective of developing public services as a professional, politically
neutral, merit based, and accountable instrument for promoting good governance
and better delivery of services to the citizens.
Recognizing and affirming –
- that good governance is an inalienable right of the citizens in a democracy,
- that good governance should be participatory, transparent, accountable,
governed by the rule of law and be informed by equity and inclusiveness in
governance, and effectiveness and efficiency in service, and
- that a politically neutral, professional, accountable and efficient public
service is an essential instrument for promotion of good governance,
It is hereby enacted in the Fifty Seventh Year of the Republic of India as follows:
CHAPTER I
PRELIMINARY
1. Short Title, extent and commencement
(1) This Act may be called the Public Services Act, 2006.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) If this Act does not commence under sub-section (1) within the period
of 6 months beginning on the day on which it receives the assent of the President
of India, it commences on the first day after the end of that period.
2. Definitions: In this Act, unless the context otherwise requires:-
(a) “All India Services” means the Indian Administrative Service
and Indian Police Service referred to in clause (2) of Article 212 of the
Constitution and All India Services specified under section 2A the All India
Services Act, 1951
(b) “Central Authority” means the Central Public Service Authority
established under sub-section (1) of section 5 of the Act;
(c) “Central Vigilance Commission” means the Central Vigilance
Commission constituted under the Central Vigilance Commission Act, 2003
(d) “Central Services” means all services as listed in Schedule
to this Act, as amended from time to time;
(e) “Chairperson” means the Chairperson of the Central Authority;
(f) “Member” means the Member of the Central Authority;
(g) “Prescribed” means prescribed by rules or regulations made
under this Act;
(h) “Public Servant” means a person who is a member of the Public
Service;
(i) “Public Service” means All India Services and the Central
Services;
(j) “Public Service Codes” means codes notified by the Central
Government from time to time for the Public Service and Public Servants;
(k) “State Services” means the services under the State Governments
other than the All India Services and Central Services;
(l) “Superior in Service” means in relation to the Public Servant,
the officers superior in rank or grade in the service or any other person
including the Minister in charge of the department concerned who is in a position
to give direction to the Public Servants to carry out any task or implement
any decision taken; and
(m) “Union Public Service Commission” means the Public Service
Commission for the Union constituted in terms of Article 315 of the Constitution.
(n) “Whistle blowing” means the disclosure or reporting or informing
on a superior’s or organization’s ethical or legal misconduct.
CHAPTER II
PUBLIC SERVICE VALUES AND REVIEW
3.1 Values of Public Service: The Public Service and the Public Servants shall
be guided and informed by the following values in the discharge of their functions:
(a) allegiance to the Constitution and the law, democracy, nationalism, sovereignty,
integrity of India and the security of the nation;
(b) function in an apolitical manner regardless of the political party in
power; keeping the interests of the nation in mind;
(c) function with the objective that Public Service and Public Servants are
to serve as instruments of good governance and to provide services for the
betterment of the public at large and foster socio-economic development;
(d) act objectively, impartially, honestly, equitably, diligently and in a
fair and just manner;
(e) act with integrity and in a courteous and transparent manner;
(f) establish high standards, and ensure quality service, effective working
and prompt decision making;
(g) be accountable for the decisions and the decision making process in the
discharge of functions;
(h) enable effective management, professional growth and leadership development
in Public Services;
(i) uphold the highest ethical standards;
(j) establish merit as the fundamental principle in employment, promotion
and placements;
(k) recognize that the Public Service and Public Servants are required to
discharge the functions with due regard to the diversity of the Indian nation/community
and religion but without discrimination of caste, community, religion, gender
or class and duly protecting the interest of poor, underprivileged and weaker
sections;
(l) conduct themselves in a manner such as to promote the principles underlying
the Constitution of India while providing honest, impartial and frank advice
to political executive in the discharge of their functions;
(m) recognize that misuse of official position or information amounts to violation
of the trust reposed in the public servant;
(n) ensure that public moneys are used with the utmost economy and care;
(o) ensure that the Public Service provides a workplace that is free from
discrimination and that recognizes and utilizes the diversity of the Indian
community it serves;
(p) ensure that the Public Service establishes workplace relations that value
communication, consultation, cooperation and input from employees on matters
that affect their workplace; and
(q) ensure that the Public Service provides a reasonable opportunity to all
eligible members of the community to apply for Public Service employment.
3.2 Without in any manner affecting the generality of the principles set out
in this Section 3 such other principles as the Central Government may, on the
recommendation of or in consultation with the Central Authority, notify from
time to time.
4. Review of Public Services Values: The Central Authority may from time to
time review the adoption, adherence to and implementation of the Public Services
Values by the Public Service and Public Servants and send reports to the Central
Government on the status thereof in the departments or organizations under the
Central Government and the recommendations of the Central Authority to remove
deficiencies, if any.
5. Public Service Code
(1) The Government shall promote the Public Service Values and a high standard
of ethics in the Public Service operations, requiring and facilitating every
Public Service employee to discharge official duties with competence and loyalty;
care and diligence; responsibility, integrity, honesty, objectivity and impartiality;
without discrimination and in accordance with the law.
(2) To give effect to sub-section (1), the Government shall, in consultation
with the Commission and the Authority, prepare a Public Service Code of Ethics
for guiding the Public Service employees and managers of the Public Service
in their conduct, to be called the Public Service Code, within one year from
the commencement of this Act.
(3) The Public Service Code prepared as above should be laid for not less
than fourteen days before each House of the Parliament as soon as possible
after they are made and shall be subject to such modifications whether by
way of repeal or amendments as Parliament may make during the session in which
they are so laid.
6. Breaches of the Public Service Code
(1)
The Head of a Department or Institution may, subject to the provisions of
the Constitution and this Act, impose the following sanctions on a Public
Service employee in the Department who is found (under procedures established
under the Constitution and this Act) to have breached the Public Service Code:
(a) termination of employment;
(b) reduction in classification;
(c) re-assignment of duties;
(d) reduction in salary;
(e) deductions from salary, by way of fine;
(f) a reprimand.
(2) The regulations of the Government may prescribe limitations on the power
of a Head of a Department or Institution to impose sanctions under subsection
(1).
(3) The Head of a Department or Institution must establish procedures in writing
for determining whether a Public Service employee has breached the Public
Service Code. The procedures:
(a) must comply with basic procedural requirements set out in the Constitution,
this Act and directions of the Board;
(b) must have due regard to procedural fairness; and
(c) may be different for different categories of Public Service employees.
(4) The Head of a Department or Institution must issue directions in writing
for the purposes of subsection (3).
(5) The Head of a Department must take reasonable steps to ensure that every
Public Service employee in the Department has ready access to the documents
that set out the procedures referred to in sub-section (3).
(6) If a conflict in the interpretation of the Public Service Code arises
in any case, the Government shall consult the Central Authority and such other
authorities including the Commission as it may consider appropriate, and take
the final decision subject to the provisions of this Act and the Constitution.
7. Limitation on Directions to Heads of Departments : No direction by
any authority, which is in contravention or violation of the National Public
Service Values or the Public Service Code in relation to particular individuals
shall be valid and if any dispute arises in the matter, the same shall be
referred to the Minister in charge of the Public Service, who, in consultation
with the Central Authority, shall take the final decision.
8. Public Service Management Code: The government will cause a Public Service
Management Code to be drawn up after consultations with all stakeholders and
taking into account the views of the Central Public Service Authority and the
Union Public Service Commission. The Public Service Management Code will be
based on the following principles:
(a) Public Service is established as a highly professional, merit based institution
for promoting government policies and good governance;
(b) Mechanisms and incentives will be put in place for public service to achieve
and maintain high levels of productivity, efficiency and excellence;
(c) Policies and structures will be put in place which will promote the viability
and sustainability of the public service keeping in view the finances of the
government; and
(d) The interface between the political executive and the public service will
be clearly established based on the principles of political neutrality, professional
excellence and integrity.
9. Violation of the provisions relating to Public Service Management Code:
(1) The Head of the Department will ensure that within 12 months of the coming
into force of this Act, the provisions relating to the above Codes are given
effect to and for this purpose the government may prescribe benchmarks, time
schedule and authorities responsible for implementation.
(2) If, during the above period, compliance with the Codes is not ensured,
government will issue suitable directions specifying the steps required to
be taken, the agencies responsible for implementation and the time by which
such action will be completed.
(3) Every ministry/department of the government will, at the end of the year,
submit a report to Parliament indicating their compliance with the Codes mentioned
above, in such format as the government may prescribe. This report will also
include reasons for non-compliance, if any, the steps which are proposed to
be taken to ensure compliance and the time period within which this will be
carried out.
CHAPTER III
APPOINTMENT TO PUBLIC SERVICES
10. (1) Subject to the provisions of the Constitution and any Act providing
for reservation, the appointment to public services shall be on the principle
of merit based on fair and open competition;
(2) The engagement of a public servant may be made subject to conditions notified
to the public servant, and may include conditions such as:
(i) Probation
(ii) Citizenship
(iii) Formal qualifications
(iv) Good conduct
(v) Health.
(3) A person who is not a citizen of India shall not be engaged as a public
servant unless the government has special reasons to do so to be recorded in
writing.
11. Duty to hold an Open Competition
(1) An appointment in the public service may not be made, subject to exceptions
to be made under the rules for reasons to be recorded, unless an open competition
is held to select the person to be appointed.
(2) Where an open competition is held to select a person for appointment in
public service,
(i) the competition must be fair,
(ii) selection should be based on merit on the basis of open competition
subject to constitutional principles,
(iii) an assessment should be made of the relative suitability of the candidates
work related qualities and capacity to achieve the desired outcomes for
the duties, using a competitive selection process, and such assessment should
be the primary consideration in making the decision.
(3) It shall be the duty of the government to uphold the requirements of this
section and take such measures as may be necessary, subject to provisions
of this Act, to promote merit-based open competition for recruitment to public
service.
CHAPTER IV
PERFORMANCE MANAGEMENT AND ACCOUNTABILITY
12. (1) The Government shall, within a period of twelve months from the coming
into force of this Act, establish a Performance Management System for Public
Service employees.
(2) The rules and regulations in relation to Performance Management System for
Public Service employees shall take into account:
a) the priorities, objectives, indicators and targets as part of the Government’s
strategic plans;
b) the present and likely availability of resources;
c) constraints on performance; and
d) outcomes expected of the Ministry/Department concerned.
(3) Such Performance Management System may be different for different categories
of public servants keeping in view the requirements of the service, services
to be delivered and skills of the public servants.
13. Performance Indicators
(1) The Government Authority shall
(a) set appropriate performance indicators, for each department, institution
and functionary, as a yardstick for measuring performance, including outcomes
and impact, with regard to the Government’s development priorities
and objectives set out as part of Annual Performance Plan;
(b) set measurable performance targets with regard to each of those development
priorities and objectives;
(c) with regard to each of those development priorities and objectives and
against the performance indicators and targets set in terms of paragraphs
(a) and (b) -
i) monitor performance
ii) measure performance and
iii) review performance once each quarter or at such intervals as may be
prescribed; and
(d) take steps to improve performance with regard to those development priorities
and objectives where performance targets are not met.
(2) The performance indicators established in compliance with this Chapter,
may be reviewed and adjusted by the Government, if required, based on quarterly,
half-yearly or annual review or at intervals as may be prescribed. Performance
in this regard may also be a factor for determination of budget allocation
and other entitlements.
(3) The Government shall direct all Departments to -
i) direct and manage the development of the performance measurement and
management system including performance indicators for departments, institutions
and functionaries;
ii) obtain and analyse performance-related data of departments, institutions
and functionaries;
iii) monitor and evaluate the performance management system periodically
and send report to the Government for necessary action including performance
awards; and
iv) introduce from time to time changes, required if any, in the performance
measurement and management system.
14. Annual Performance Report
(1) Not later than June 30 each year, every Government Department or Institution
shall prepare and submit to the Government
(a) an Annual Performance Report reflecting
(i) the performance indicators established for programmes, functions or
activities and targets set in the Department’s or Institution’s
Annual Performance Plan for the financial year being reported; quantifying
them into measurable benchmarks to the extent possible;
(ii) the performance of the Department or Institution and service providers
covering programmes, territorial jurisdictions and functionaries actually
achieved in terms of performance indicators during the financial year and
a comparison with the targets and performance in the previous 3 financial
years;
(iii) if performance goals are specified in an alternative form under this
Chapter, the results achieved with respect to those alternative specifications,
including whether the performance failed to meet the criteria of effectiveness
or success;
(iv) explanations and description of (a) why particular goals, if any, are
not met (b) if the performance goals were impractical or infeasible, and
what action is recommended and (c) if internal corrective actions are needed
to meet performance goals what initiatives have been taken or proposed to
be taken in this regard;
(v) description of significant achievements in performance or success stories;
(vi) measures that were taken or are to be taken to improve performance;
(b) the financial statements for the financial year being reported prepared
in accordance with the standards of generally recognized accounting practices;
(c) an audit report on the financial statements and the report on the performance
audit, and
(d) any other reporting requirements in terms of other legislations.
(2) The preparation of the Annual Performance Report shall be in such form as
may be prescribed by the Government.
(3) The Government shall cause adoption of the Annual Performance Report of
each Department or Institution and cause publication of the same or make available
its key contents to the public in a manner as prescribed by regulation or guidelines.
CHAPTER V
CENTRAL PUBLIC SERVICES AUTHORITY FOR GOOD GOVERNANCE
15. Constitution of the Central Authority:
(1)
The Central Government shall, by notification in the Official Gazette, constitute
a body to be known as the Central Public Service Authority to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The Central Authority shall consist of the Chairperson and such number of
members not less than three and not exceeding five as may be deemed necessary
by the Central Government;
(3) (a) The Chairperson and members of the Central Authority, shall be appointed
by the President on the recommendation of a committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) a judge of the Supreme court of India as may be designated by the Chief
Justice of India; and
(iii) the Leader of Opposition in the Lok Sabha;
Explanation.—For the purposes of removal of doubts, it is hereby declared
that where the Leader of Opposition in the House of the People has not been
recognized as such, the Leader of the single largest group in opposition of
the Government in the House of the People shall be deemed to be the Leader of
Opposition.
(b) The Cabinet Secretary in the Central Government shall act as the convener
of the committee under sub-clause (a) above;
(4) The Chairperson and members of the Central Authority shall be persons of
eminence in public life having adequate knowledge of, or experience of not less
than twenty five years and shown capacity in, dealing with, problems relating
to public policy, law, administration, education, management and governance.
(5) The Chairperson and members of the Central Authority shall not be a Member
of Parliament or Member of the Legislature of any State or Union territory,
as the case may be, and shall not hold any other office connected with any political
party and shall also not hold any other office.
(6) The convener shall procure and place before the Committee all relevant information
relating to the persons being considered for appointment as the chairperson
or member of the Central Authority.
(7) The Chairperson shall be the chief executive of the Central Authority
(8) (a) In case of vacancy in the office of the Chairperson for any reason or
if the Chairperson is on leave or otherwise unavailable to discharge the functions
for a period of more than seven days, the senior most member shall act as the
Chairperson during the period of such vacancy or non availability of the Chairperson,
(b) for the purposes of sub-clause (a) above the seniority of the members
shall be determined by the date of their appointment and in case of two members
being appointed on the same date the inter-se seniority between them shall
be as decided by the Central Government at the time of their appointment
(9) The headquarters of the Central Authority shall be at Delhi and the Central
Authority may, with the previous approval of the Central Government, establish
offices at other places in India.
16. Term of office and conditions of service: (1) The Chairperson and members
shall hold office for a term of five years from the date on which he enters
upon his office and shall not be eligible for reappointment:
Provided that the Chairperson or member shall not hold office as such after
he has attained the age of sixty-five years.
(2) The Chairperson and members shall, before he enters upon his office, make
and subscribe before the President or some other person appointed by him in
that behalf, an oath or affirmation according to the form as may be prescribed
for the purpose.
(3) The Chairperson or member may, at any time, by writing under his hand
addressed to the President, resign from his office:
(4) The Chairperson or member may be removed from his office in the manner
specified under section 7.
(5) The salaries and allowances payable to and other terms and conditions
of service of—
(a) the Chairperson shall be the same as that of the Chief Election Commissioner;
(b) the members shall be the same as that of the Election Commissioner.
Provided that if the Chairperson or Member, at the time of his appointment is,
in receipt of a pension, other than a disability pension, in respect of any
previous service under the Government of India or under the Government of a
State, his salary in respect of the service as the Chairperson or member shall
be reduced by the amount of that pension including any portion of pension which
was commuted and pension equivalent of other forms of retirement benefits excluding
pension equivalent of retirement gratuity:
Provided further that if the Chairperson or member, at the time of his appointment
is, in receipt of retirement benefits in respect of any previous service rendered
in a Corporation established by or under any Central Act or State Act or a Government
company owned or controlled by the Central Government or the State Government,
his salary in respect of the service as the Chairperson or Member shall be reduced
by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service
of the Chairperson or member shall not be varied to their disadvantage after
their appointment.
(6) The Central Government shall provide the Central Authority with such officers
and employees as may be necessary to assist the Chairperson and members in
the performance of their functions under this Act, and the salaries and allowances
payable to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be prescribed.
17. Removal of Chairperson or Member:
(1) Subject to the provisions of sub-section (3), the Chairperson or Member
shall be removed from his office only by order of the President on the ground
of proved misconduct or incapacity after the Supreme Court, on a reference
made to it by the President, has, on inquiry, reported that the Chairperson
or member, as the case may be, ought on such ground be removed.
(2) The President may suspend from office, and if deemed necessary, prohibit
also from attending the office during inquiry, the Chairperson or Member in
respect of whom a reference has been made to the Supreme Court under sub-section
(1) until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President may
by order remove from office the Chairperson or any member if the Chairperson
or the member, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the President,
involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chairperson or member .
(4) If the Chairperson or member is in any way, concerned or interested in any
contract or agreement made by or on behalf of the Government of India or participates
in any way in the profit thereof or in any benefit or emolument arising therefrom
otherwise than as a member and in common with the other members of an incorporated
company, he shall, for the purposes of sub-section (1), be deemed to be guilty
of misbehaviour.
CHAPTER VI
FUNCTIONS AND POWERS OF THE CENTRAL AUTHORITY
18. Functions of the Central Authority: (1) The Central Authority shall, amongst
others, discharge the following functions:
(a) aid and advise the Central Government in all matters concerning the organization,
control, operation and management of Public Service and Public Servants;
(b) recommend to the Central Government the Public Service Code of Ethics,
guidelines for whistleblowers and Public Service Management Code for the efficient
working and conduct of public servants and public service;
(c) review service rules and conditions of service of public servants and
recommend to the Central Government changes to be made;
(d) recommend to the Central Government the nature and composition of the
public service in different departments and areas of governance, and also
the nature of the personnel, their qualification and experience , the training
and other relevant aspects required in such departments and areas of governance;
(e) recommend to the Central Government the policies on classification of
public service, the recruitment to public service, tenure of public servants
and nature of employment at different stages and for different posts, transfers,
deputation, training, promotional prospects and career advancement, outsourcing
services, retirement, termination, discharge, evaluation of performance, rewarding
good performance and taking measures against inadequate performance, remuneration
structure, allowances and perquisites including performance linked payment
to the public servants, and all other matters concerning the services of the
public servants and their conditions of service;
(f) recommend to the Central Government the policies for good governance in
the public service, the transparency to be maintained by the public servants
in the discharge of their duties and the activities consistent with the principles
specified in section 3 and in accordance with the Public Service code of Ethics;
(g) review the existing service rules and conditions of service of Public
Servants, Public Services Codes and existing rules, regulations, orders, directions,
notifications and guidelines concerning the Public Services and recommend
to the Central Government changes to be made and matters to be implemented
to enable the public service to perform consistent with the principles specified
in section 3 and to function in accordance with the Public Service Code of
Ethics and other applicable codes and regulations;
(h) inquire into the adequacy of the system and procedures in different departments
and areas of governance by public service and recommend to the Central Government
changes to be made and matters to be implemented to ensure that the public
service is responsive and in a position to effectively deal with the problems
of the public at large;
(i) inquire into the working of the Public Service in relation to other organs
of the governance and make recommendation to the Central Government on matters
conducive to maintain the public service apolitical and also to ensure that
the Public Servants discharge functions in a fair and just manner without
fear or favour and consistent with the principles specified in section 3;
(j) inquire into grievance redressal mechanism for the public servants and
make recommendation to the Central Government on the appropriate redressal
mechanism of all legitimate grievances;
(k) discharge such other functions as the Central Government may specify;
and
(l) Receive and enquire into grievances and complaints submitted by officers
of the level of Additional Secretaries and above in the Government of India
and make suitable recommendations to Government in this regard.
(2) It shall be mandatory for the Government to consult the Authority in matters
related to the formulation, revision and interpretation of the Public Service
Code of Ethics, Public Service Management Code, and Guidelines for Whistleblowers.
(3) The Central Authority shall maintain transparency in the discharge of its
functions and except as otherwise provided in the Right to Information Act.
2005 the Central Authority shall make available all information including its
recommendations to the Central Government to all Citizens.
(4) The Central Authority shall, before making any recommendation to the Central
Government make known its views to the Public, invite suggestions and finalize
its recommendation after considering the suggestions received from the Public.
Provided that the Central Authority may make recommendation to the Central Government
without inviting suggestions from the public if the Central Authority considers
it appropriate for reasons to be recorded by the Central Authority.
19. Guiding factors for exercise of Powers and functions by the Central Authority:
(1) In the discharge of its functions under section 8 the Central Authority
shall be guided by the following, namely:-
(a) principles specified in section 3;
(b) the public servant needs to be protected from victimization or other adverse
consequences by reason of his acting consistent with the principles specified
in section 3 and refusing to follow directions of the superiors in service
which are not issued in accordance with the applicable laws, rules and regulations;
(c ) the public servant should be accountable for his action as well as inaction
including for not making decisions required in time and at the same time the
public servant is not persecuted for decision making except where he is guilty
of deliberate or wilful failure, gross negligence or unexplainable conduct;
(d) subject to the declared policies of the Central Government including but
not limited to on reservations in the public service, the recruitment to and
career advancement in Public Service is increasingly based on merit and on
open competition;
(e) the transfers and postings of public servants are undertaken in a fair
and objective manner and that the tenure of the Public Servant in a post is
appropriately determined and is maintained consistent with the need to maintain
continuity; and the requirements of good governance;
(f) in the event a public servant is directed by the superiors in service
to implement any decision which the public servant considers to be inconsistent
with the principles specified in section 3 or against the Public Service Code
of Ethics or any other applicable code, the Public Servant has an appropriate
avenue to bring the matter to the notice and attention of the authorities
concerned without the fear of being unfairly proceeded against or victimized
for such action, and
(3) If so directed by the Central Government, the Central Authority shall consult
the Union Public Service Commission and the Central Vigilance Commissioner before
making its recommendation to the Central Government.
CHAPTER VII
PROTECTION TO WHISTLEBLOWERS
20. (1) It shall be the duty of the government to put in place, within a period
of 6 months from the commencement of this Act, mechanisms to protect public
servants who report suspected improper governance actions in their workplace.
(2) No person shall be victimized or discriminated against for reporting improper
practices or acts or breaches of the provisions of this Act.
(3) Any person bringing to light wrongdoings in the workplace, which are in
contravention of the provisions of this Act, shall be given protection under
this Act.
CHAPTER VIII
ALL INDIA SERVICES
21. (1) The provisions of this Act shall also apply to the All India Services
in addition to the Constitutional provisions and the AIS Act.
(2) AIS employees shall also be subject to the Public Service Code, Public Service
Recruitment Code, Public Service Management Code and the provisions relating
to whistleblowers drawn up under this Act.
CHAPTER IX
POWERS AND DUTIES OF THE CENTRAL GOVERNMENT
22. Powers of the Central Government:- (1) The Central Government shall have
the powers to regulate, organize, control, supervise, operate, manage Public
Service and Public Servants including the powers to regulate the recruitment
and conditions of service of Public Servants in all respects:
(2) Without prejudice to the generality of the powers under sub-section (1)
and under Article 309 of the Constitution of India, the Central Government may
from time to time provide for all or any of the following matters, namely:
(a) to frame and implement the Public Service Code of Ethics, Public Service
Recruitment Code and Public Service Management Code for the efficient working
and conduct of public servants and public service;
(b) to frame and implement the service rules and conditions of public servants
providing for all matters concerning the services of the public servants and
their conditions of service including but not limited to the classification
of public service, the recruitment to public service, tenure of public servants
and nature of employment at different stages and for different posts, transfers,
deputation, probation, training, promotional prospects and career advancement,
outsourcing services, retirement, termination, discharge, evaluation of performance,
rewarding good performance and taking measures against inadequate performance,
remuneration structure, allowances and perquisites including performance linked
payment to the public servants, leave, travel, terminal benefits, pensions
and all matters incidental to or ancillary to the above;
(c) to specify conduct and disciplinary proceedings and consequences for breach
of the codes, service rules and conditions on the part of the Public Servants
including for violation or action or inaction on the part of Public Servants
in the discharge of their duties and violation of such aspects of the principles
under section 3;
(d) to decide and implement on the nature and composition of the public service
in different departments and areas of governance, and the nature of the personnel
to be recruited or appointed for the purpose, their qualification and experience
and the training and other relevant aspects required in such departments and
areas of governance;
(e) to make policies for good governance in the public service, the transparency
to be maintained by the public servants in the discharge of their duties and
the activities consistent with the principles specified in section 3 and in
accordance with the Public Service Code of Ethics;
(f) to lay down and modify systems and procedures in different departments
and areas of governance by public service to effectively deal with the problems
of the public at large;
(g) to provide for a grievance redressal mechanism for the public servants;
and
(h) to constitute such bodies as the Central Government may consider appropriate
for different Public Services to effectively implement the Public Services
Code of Ethics, Public Service Recruitment Code, Public Services Management
Code and other codes, service rules and conditions and to regulate, organize,
control, supervise, operate, manage such Public Service and Public Servants
forming part of such Public Service.
23. Duties of the Central Government (1) The Central Government shall duly consider
the implementation of the recommendations which the Central Authority may make
under Chapter IV and in the event the Central Government decides:
(a) not to implement the recommendation of the Central Authority within a
period of 120 days from the receipt of the final recommendation from the Central
Authority; or
(b) to implement the recommendation of the Central Authority within a period
of 120 days from the receipt of the final recommendation from the Central
Authority but with modifications the
Central Government shall make a report giving reasons for its decision within
180 days of the receipt of the final recommendation from the Central Authority
and such report shall be duly published in the Official Gazette and also shall
be laid, as soon as may be after it is made, before each House of the 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
(2) The Central Government shall duly consult the Central Authority before making
the Public Service Code of Ethics, Public Service Management Code, other codes,
service rules and conditions governing the Public Service and Public Servants
except when such codes, rules and conditions are made in the implementation
of the recommendation made by the Central Authority. The Central Government
shall also duly consult the Central Authority on the modification made by the
Central Government on the recommendations of the Central Authority.
(3) The Central Government shall ensure that directions contravening the provisions
of this Act are not issued to public servants and all its actions are informed
and guided by the principles elucidated in Chapter 2 of this Act.
(4) The codes prepared as above should be laid for not less than fourteen days
before each House of Parliament as soon as possible after they are made and
shall be subject to such modifications by way of repeal or amendments as Parliament
may make during the session in which they are so laid.
24. Functions and duties of the Heads of Departments/Institutions: Each cadre
controlling authority or agency responsible for managing organized services
in government shall, within a period of twelve months from the promulgation
of the Act, ensure performance of the following functions with respect to the
services under their control.
(i) Formulate service rules and conditions of service of public servants,
maintain up-to-date records in respect of seniority, promotion, empanelment
and deployment of public servants, establish a mechanism for periodical review
of the requirements of professional cadre management including skills required,
training inputs to be provided, effective delivery of services, adequate promotion
prospects and professional growth.
(ii) Review the current methods of performance evaluation and make changes
with the objective of ensuring objectivity, fairness, transparency and promotion
of domain competence and professional excellence including maintenance of
up-to-date personal records. Also that the performance appraisal is based
on clear benchmarks for performance for each public servant determined at
the beginning of the year with a provision for periodical review.
(iii) Establish a fair system of redressal of grievances relating to service
matters and undertake a review of the pending grievances with a view to bring
them within reasonable limits.
(iv) Notify within a period of 6 months from the coming into force of this
Act, norms and guidelines for transfers and postings such that there is continuity
and predictability in career advancement and acquisition of the required skills
and experiences as well as promotion of good governance.
Also that any transfer before the specified tenure is for valid reasons to be
recorded in writing and the public servant is suitably compensated for the inconvenience
and harassment caused due to such transfer before term.
Provided that the normal tenure of all pubic servants shall not be less than
three years.
(v) Establish a mechanism for ascertaining the skill and training requirements
of public servants, keeping in view the objectives of service delivery and
good governance, and ensure that such skills training are imparted and the
public servant encouraged to acquire competence in his domain.
(vi) In respect of Chief Secretary and DGP, selection should be out of a panel
of suitable candidates of the required seniority and merit to be drawn up
by a Committee comprising the Chief Minister, Leader of the Opposition and
the Home Minister;
Selection of Cabinet Secretary to Government of India should be out of a panel
of suitable candidates of the required seniority and merit to be drawn up by
a Committee comprising the Prime Minister, Leader of the Opposition and the
Home Minister.
(vii) Each cadre controlling authority shall at the end of the year under
consideration prepare and submit to Parliament in a format to be specified,
the extent of compliance with the norms and mandates mentioned above, including
cases of deviation and the reasons therefore.
CHAPTER X
PUBLIC SERVICES UNDER THE STATE GOVERNMENT
25. The State Government may, if it deems fit, by notification in the Official
Gazette make the provisions of this Act applicable to public services under
the State Government from dates to be specified.
CHAPTER XI
MISCELLANEOUS
26. Reports of the Central Authority
(1) After the end of each financial year, the Central Authority shall give
a State of Public Services Report to the Central Government with specific
reference to the principles outlined in Section 19 for presentation to the
Parliament.
(2) The Report may, apart from above, also contain any recommendations of
the Central Authority with regard to improving the conditions of Public Service
in general, new career development issues, pay structure and related issues.
(3) The report shall be prepared in accordance with guidelines approved by
the Central Government.
27. Protection of action taken in good faith: No suit, prosecution or other
legal proceedings shall lie against any person for anything which is in good
faith done or intended to be done under this Act or any rule made herein.
28. Power to make rules by the Central Government
(1) The Central Government may, by notification in the Official Gazette make
rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers such rules may provide for all or any of the following matters, namely:-
(a) principles as the Central Government may consider appropriate to be followed
in matters relating to Public Service as provided in clause (j) of Section
3;
(b) salary and allowances payable to and other conditions of service of the
Chairperson, Members and officers of the Central Authority;
(c) form and manner in which and the authority before whom the oath of office
and secrecy shall be subscribed by the Chairperson and Members under Section
5 of the Act;
(d) On matters provided for in section 11 dealing with the functions of the
Central Government; and
(e) form in which and time at which the Central Authority shall prepare and
forward its annual report of the Central Government as provided in Section
15 of the Act;
29. Laying down of Rules: Every rule made by the Central Government, shall be
laid, as soon as may be after it is made, before each House of the 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 the rule or regulation
or agree that the 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.
30. Power of the State Government to make rules: The State Government may by
notification in the Official Gazette make rules for carrying out the provisions
of Chapter VI read with the applicable provisions of Chapters III and IV of
the Act.
31. Continuation of the existing Rules
(1) All rules made under proviso to Article 309 of the Constitution as on
the date of the coming into force of this Act to the extent they are not inconsistent
with the provisions of the Act shall be deemed to have been made under this
Act and shall continue to be in force until such rules are rescinded or modified,
as the case may be.
(2) Anything done or any action taken or purported to have been done or taken
including any modification, order or direction given by the Central Government
in regard to matters which form the subject matter of this Act, prior to the
coming into force of the Act, shall be, unless repugnant to the provisions
of the Act, be deemed to have been done or taken under the corresponding provisions
of the Act.
32. Power to Amend Schedule: The Central Government may by notification published
in the Official Gazette amend Schedule to the Act from time to time.
33. Saving of the powers of the Union Public Service Commission and Central
Vigilance Commission: Nothing contained in the Act or any rule or regulation
made under the Act shall in any manner affect the exercise of the powers and
functions of the Union Public Service Commission and the Central Vigilance Commissioner
and other authorities of the Central Vigilance Commission constituted under
the Central Vigilance Commission Act, 2003
34. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of the Act,
the Central Government may, by order published, make such provisions not inconsistent
with the provisions of the Act, as may appear to be necessary for removing the
difficulty:
Provided that no order shall be made under this section after the expiry of
two years from the date of commencement of the Act.
(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House' of Parliament.
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