Regulations:





Telangana Public Service Commission





COMMISSIONS REGULATIONS







CONTENTS



Part No. Regulations Page No.



1. Preliminary

2. Composition, Conditions of Services, etc., of the Commission and its Staff

3. Matters in respect of Recruitment

4. Matters in respect of which it shall not be necessary for the Commission to be consulted

5. Savings in respect of certain persons



Public Service Commission Regulations



THE TELANGANA STATE PUBLIC SERVICE COMMISSION REGULATIONS

(G.O.Ms.No.44, General Administration (Ser.A) Department, Dated: 08-08-2014)





Order:



In exercise of the powers conferred by the Article 318 and the proviso to clause (3) of Article 320 of the Constitution of India and proviso to the Section 83 of A.P. Re-organization Act, 2014, the Governor of Telangana hereby makes the following Regulations:



REGULATIONS



PART-I



PRELIMINARY



Regulation 1: These Regulations may be called the Telangana State Public Service Commission Regulations,2014

Regulation 2: In these Regulations unless the context otherwise requires

  1. Commission means the Telangana Public Service Commission;

  2. Constitution means the Constitution of India;

  3. Member means the member of the Commission and includes the Chairman thereof.

  4. State Government means Government of Telangana State.

PART-II

COMPOSITION, CONDITIONS OF SERVICE, etc., OF THE COMMISSION AND ITS STAFF



Regulation 3: 1) The Commission shall consist of the Chairman and such other Members not exceeding (11) eleven in number, comprising of eminent persons possessing high degree of calibre, competence, professional integrity and honesty who would inspire confidence in public mind about the objectivity and impartiality of the Commission.

(2) The Chairman and other Members of the Commission shall be appointed by the Governor of the State:

Provided that,-

  1. As nearly as may be one-half of the Members shall be those who have served as officers of All India Services, Central Services or State Civil Services, who on the date of their appointments have held office for at least 20 years either in the Government of India or State Government subject to clearance of their names from the Vigilance angle; and

  2. The remaining Members shall be from among the eminent people with a background in acadfemics / Management / Law / Science & Technology / Social Science and Humanities and known for their integrity.



Regulation 4:

  1. There shall be paid to the Chairman a salary Calculated at the rate of Rs.80,000/- (Rupees Eighty Thousand only) (Inclusive of Pension, if any) per mensem and all the other Members a salary calculated at the rate of Rs.79,000/- (Rupees Seventy Nine Thousand only) (inclusive of pension, if any) per mensem.



  1. (i) A person who at the date of his appointment to the Commission is holding a post under the Government of India or the Government of a State, or the Government Aided Educational Institutions shall, on appointment as Chairman or other member, receive the salary which he would have drawn under the relevant rules had he continued to hold that post or the salary mentioned in clause (i) whichever is higher.



(ii) If a person, on ceasing to hold office as:



  1. The Chairman of any other State Public Service Commission; or



  1. A member other than the Chairman of the Union of this or any other state Public Service Commission, is appointed as the Chairman of the Commission, he shall be eligible only for the salary mentioned in clause (I).

  1. A member, who is appointed under clause (I-A) of Art.316 of the Constitution to perform the duties of the Chairman shall be paid a charge allowance calculated at the rate of Rs.5,000/- ( Rupees Five Thousand only) per mensem in addition to his salary.



  1. (i) The Chairman and Members of the Commission, as the case may be, shall be entitled Dearness Allowance, HRA and CCA as applicable to All India Service Officers from time to time.



(ii) The Chairman and Members of the Commission, as the case may be, who have not been provided with vehicle of the Commission shall be entitled to Hiring charges on par with Principal Secretary to Government of the State.

(iii) The Chairman and Members of the Commission, as the case may be, shall be entitled to a maximum amount of Rs.2000/- (Rupees Two Thousand only) per mensem towards hospitality charges.



  1. The Chairman and the Members of the Commission, as the case may be, shall be entitled to the benefits of Leave Travel Concession as admissible to All India Service Officers.



  1. The Chairman and the Members of the Commission, as the case may be, who, prior to the date of their appointment as Chairman or Members were in the service of State or Central Government shall be and shall be deemed always to have been entitled to the benefits of leave rules as applicable to the AIS Officers.



Regulation 5 : A Member may be granted leave as follows:

  1. (i) Leave on leave salary equivalent to full pay upto 30 days spent on duty as a Member calendar year in the advance in two instalments of 15 days on the first January and July of every year, subject to a maximum of four months at anyone time and subject to maximum leave salary of Rs.80,000/- (Rupees Eighty Thousand only) (Inclusive of pension, if, any) per mensum in the case of other Members.



(ii) The leave at the credit of the employee afforded under clause (i) above shall be reduced by 1/10th of the period of extraordinary leave only availed of during the previous half-year, subject to maximum of 15 days.



(iii) Earned leave shall be credited to his leave account at the rate of two and half days for each completed month of service which is likely to render in the calendar half year in which he is appointed. Eg:- if he is appointed on 13th March, the number of completed months of his service in that half year will be 3 and the credit will be 3x51/2 = 71/2 days rounded to 8 days. If he is appointed on 20th April, the number of completed months will be only 2 and the credit will be 2x51/2 = 5 days.



(iv) The credit for the half-year in which the Chairman or any Members is due to retire or resigns from the service shall be afforded only at the rate of 2 ½ days per completed month in that half-year upto the date of retirement/resignation. If in the case of Chairman or any Member who resigns from the service, the leave already availed of is more than the leave at the credit so due to him, necessary adjustment shall be made in respect of leave salary overdrawn, if any.

(b)Leave on medical certificate on leave salary equivalent to half pay upto a total period of three months.

(c) Extraordinary leave without allowances, subject to a maximum of three months at anyone time.

Explanation:- All or any two of the kinds of leave mentioned in this clause may be granted in combination at anyone time.

Provided a Member who, on the date of entering on his duries as such, was in the service of, or held a post under the Government of India or the Government of State or the Government Aided Educational Institutions or who enters on his duties as such immediately after his retirement from the service of or a post under the Government of India or the Government of State or Government Aided Educational Institutions shall be entitled to carry forward in the case of an officer belonging to the All- India Service, the entire earned leave and half-pay leave at his credit immediately prior to his entering on his duties as Member, and in any other case, the leave upto a maximum of six months expressed in terms of leave on average pay, and to take that leave in such terms and on such conditions as were admissible to him under the rules in accordance with which it was earned in combination with any or all the kinds of leave mentioned in his regulation;



(d)A Member, who prior to his appointment as such was in the service of State or the Centre or Government Aided Educational Institutions, shall be eligible for commuted leave as applicable to AIS Officers

Regulation 6: A Member shall be entitled to the benefits of surrendered leave under such terms and conditions as are applicable to AIS Officers from time to time.

Regulation 7: A Member shall be entitled to travelling allowance for journeys made by him in the performance of his functions at the rates, and subject to the conditions, as applicable to AIS Officers from time to time.

For the purpose of those rules, the Chairman shall be the Head of Department in respect of the Members of the Commission other than the Chairman.

Regulation 8: Every Member (including the Chairman) shall submit to the Government, a return of his assets and liabilities as on the 31st day of December of each year in the Forms as prescribed to the AIS Officers on or before the 31st day of March of the year immediately following the year to which the return relates giving the full particulars regarding;

  1. The immovable property inherited by him, or owned or acquired by him or held by him, on lease or mortgage either in his own name or in the name of any member of his family or in the name of any other person;

  2. Shares,. Debentures and cash including bank deposits inherited by him or similarly owned, acquired or held by him; or by Member(s) of his family, and

  3. Other movable properties inherited by him or similarly owned, acquired or held by him, or by Member(s) of his family, and

  4. Debts and other liabilities incurred by him, directly or indirectly;

Provided that every Member (including the Chairman), shall, within three months from the date of his appointment, submit a return of his assets and liabilities as on the date of his appointment in the Forms prescribed to AIS Officers.

Explanation – 1:- For the purpose of this Regulation, “member of the family” in relation to the Chairman or Member includes:

  1. The wife or husband, as the case may be, of the Chairman or the Member, whether residing with the Chairman or the Member or not but does not include a wife or husband, as the case may be, separate from the Chairman or the Member by a decree or order of a competent Court;



  1. Son or daughter or step-son or step-daughter of the Chairman or the member and wholly dependent on him, but does not include a child or step-child who is no longer in any way dependant on the Chairman or the Member or of whose custody the Chairman or the Member has been deprived of by or under any law;



  1. Any other person related whether by blood or marriage to the Chairman or the Member or to the Chairman’s or the Member’s wife or husband and wholly dependent on the Chairman or the Member.



Explanation-2:- In all returns the value of items of movable property worth less than the amount as specified to the AIS Officers maybe added and shown as lumpsum. The value of articles of daily use such as clothes, utensils, crockery and books need not be included in such return.

Regulation 9: (1) (a) A member who, on the date of his appointment as a member to the Commission, was in the service of the Central or a State Government or Aided Educational Institutions shall be deemed to have retired from such service with effect from the date of his appointment as member of the commission.

  1. A Member who, at the time of his appointment as such, was in the service of the Central or State Government or Aided Educational Institutions shall, at his option which shall be final and irrevocable to be exercised within a period of six months from the date of his appointment, be entitled to draw his pension and other retirement benefits under the rules applicable to the service to which he belonged, with effect from :-



  1. The date of his appointment as member, or

  2. The date on which he would have superannuated under the said rules;

Provided that, in any such event, his pay as member shall be reduced by an amount equivalent to the gross pension (including any portion of the pension which may have been commuted) and the pension equivalent of other retirement benefits and he shall be entitled to draw his pension and other retirement benefits separately.

  1. Where any such member does not exercise the option mentioned in clause (b) (i) he shall count his service as member for pension and retirement benefits under the rules applicable to the service to which he belonged immediately before such appointment.



Provided that his services as member beyond the date on which he would have superannuated under the rules applicable to the service to which he belonged immediately before such appointment shall not count towards pension and other retirement benefits.

(d) In the case of an appointment as a member a person who has retired from service under the central of a State Government or Aided Educational Institutions, a local body, a University, or any other body wholly or substantially owned or controlled by the Government and who is in receipt of or has receivied or has become entitled to receive any retirement benefit by way of Pension, Gratuity, Contributory Provident fund or otherwise, the pay specified in Regulation 4 shall be reduced by the gross amount of pension (including any portion of the pension which any have been commuted, and the pension equivalent of other forms of retirement benefits, if any).



2) In the case of any other Member, no pension or special additional pension shall attach to the office of Member as such.



3) Every Member may, at his option, subscribe to the General Provident Fund, in accordance with the Rules, or Orders Governing that Fund of the State from time to time.



Provided that a Member who on the date of his appointment was in the service of the Central or a State Government or Aided Educational Institutions, and who had been admitted to the benefits of any other Provident Fund may, instead, be allowed to continue to subscribe to that Fund in accordance with the rules or regulations applicable to that Fund, until he reaches the date on which he must.



Compulsory retire from service in accordance with the rules applicable to him in his service and thereafter his accumulated balance in that Fund, including the Government’s contribution, if any, shall, if the member has exercised his option, in favour of subscribing to the General Provident Fund, be transferred to the said general provident fund.



Regulation 10: (1) There shall be the following posts for the Commission who shall be appointed by the

Commission with the previous approval of the Government:-



1) Secretary

2) Additional Secretary

3) Deputy Secretary

4) Assistant Secretaries

5) Assistant Secretary (Accounts)

6) Section Officers

Provided that a member of All India Service posted as Secretary to the Commission, shall carry his own scale of pay.



(2) The Cadre Strength of the Commission which includes the above posts and with supporting staff shall be as sanctioned by Government from time to time.



Regulation 11: (1) There shall be an academic Cell consisting of 2 Advisors not below the rank of

Professor (belonging to Science and Humanities Faculty) to be appointed by the Commission on a tenure basis not more than 3 years to advise on the matters as prescribed by the Commission.



(a) There shall be a fixed remuneration of Rs.50,000/- (Rupees Fifty Thousand only) per month in respect of retired Professors and the present pay being drawn for the in service Professors who shall be taken on deputation.



Regulation 12: (1) There shall be Paid to the holders of the posts referred under Regulation 10 above a

Monthly salary calculated in the scale of pay as may be sanctioned by the Government from time to time.



(2) The Initial Salary of a person appointed to any of the posts mentioned in clause (1) above shall be fixed in accordance with the relevant rules applicable to the State Government employees from time to time and the previous sanction of the Governor shall be necessary for fixing the initial salary of any such person otherwise than in accordance with those rules.



Regulation 13: Subject to provision of Regulations 12 and 24, The Secretary, The Additional Secretary,

The Deputy Secretary, The Assistant Secretary, Assistant Secretaries (Accounts) and Section Officers shall, in the matter of their pay, allowances, including travelling allowances, Loans, Leave Salary, Pension and other conditions of Services be governed by the relevant Rules of the Subject applicable to the State Government Employees from time to time.



For the purpose of the above rules the Chairman shall be the Head of the Department.



Regulation 14: (1) The State Civil Services (Classification, Control, and Appeal) Rules applicable to the

State Govt. Employees shall apply to the Additional Secretary, Deputy Secretaries, Assistant Secretaries, Assistant Secretary (Accounts) and Section Officers who shall for the purpose be deemed to be officers classified in one of the State Services.



2) The authority which may impose any of the penalties on the Staff of the Commission and the appellate authority therefore, shall be as specified in the table below.



Class of Officers / Staff

Authority which may impose minor Penalty

Appellate Authority

Authority which may impose major penalty

Appellate Authority

(1)

(2)

(3)

(4)

(5)

Additional Secretary

Chairman

Commission

Chairman

Commission

Deputy Secretary

Secretary

Chairman

Secretary

Chairman

Assistant Secretary

Secretary

Chairman

Secretary

Chairman

Section Officer

Deputy Secretary

Chairman

Secretary

Chairman

A.S.O., Jr. Assts, O.S and other non-Gazetted Staff

Assistant Secretary

Deputy Secretary

Deputy Secretary

Additional Secretary





Regulation 15: Notwithstanding anything contained in Regulations 13 and 14, an officer borne on the

Cadre I.A.S / I.P.S., if any when appointed to the post of Secretary to Commission shall be governed by the Rules applicable to the Officers of the I.A.S / I.P.S Cadre in respect of the matters mentioned in those Regulations.



Regulation 16: (1) The Commission may, and it is hereby authorized to employ in addition to the

Officers Mentioned in Regulation 10, the permanent non-gazetted staff sanctioned by the Governor from time to time.



(2) The Commission may, and it is hereby empowered to employ in addition to the staff referred to inclause (1) subject to the provisions given below, such temporary staff as it may be deemed necessary to cope with occasional or periodical pressure of work.



(3) The temporary staff employed under this Regulation shall be of the description of the permanent staff sanctioned by the Governor from time to time.



(4) The Secretary shall be

(i) The Head of Office:

(ii) Assisted by all the Officers including the Additional Secretary, and

(iii) The authority competent.

(a) To allocate work among officers and the variousSections:



(b) To make appointments, Promotions, and transfers in respect of the posts of Section Officers Assistant Section Officers, Junior Assistant, S.C Stenos, Senior Stenos, Junior Stenos and Typists within the meaning of the relevant Rules applicable to the employees of State of Telangana.



(c) To exercise General supervision and control over the staff and see that they do the work allotted to them efficiently and expeditiously; and



d) to arrange to conduct various examinations held by the Commission duly maintain secrecy according to the procedure and programmes prescribed for the purpose.

e) One of the Assistant Secretaries and in special circumstance such Deputy Secretary as may be nominated by the Commission in this behalf shall be the appointing authority in respect of the posts specified other than Regulation 16 (4)(ii)(b) above within the meaning of the relevant Rules applicable to the employees of State of Telangana.

(5) The conditions of service of the members of the staff of the Commission shall be governed by the special rules governing various categories of the posts in the Commission, and save as expressly provided in that rules, be the same as those prescribed by the State Government in respect of Government servants holding corresponding appointments elsewhere than in the office of the Commission.

(6) The Contributory provident Fund-Pension-Insurance Rules applicable to State Government Employees shall where applicable, apply to the member of the staff of the Commission.

Regulation 17: (1) The Commission may, and it is hereby authorized to incur such expenses as may

be necessary.

(a) for the employment of the staff which it is authorized to employ under Regulation 16:



(b) for contingencies and honoraria to examiners; and



(c) for other items connected with it including the travelling allowance of the Members of the Commission, the Secretary, the Additional Secretary, The Deputy Secretary and the Assistant Secretaries and other members of its staff.



Provided that the Commission may authorized such of its Officers and may be necessary to incur or sanction expenditure on contingencies and honoraria to examiners and such other related expenditure as specified in sub clause (b) or sub clause (c) above.

(2) The amount to be included in respect of such expenses in any estimates of expenditure laid before the Houses of the Legislature shall be fixed by the Governor.



(3) The Commission will have the discretion to levy fees for conducting all examinations with regard to recruitment to various categories of posts entrusted to them with prior permission of Government and utilize the same amount for the purpose of conducting examinations with the permission of the Government.



Regulation 18 :- In respect of any matter for which special provision is not made by these Regulations,

the conditions of service of a person serving as a member of the Commission or of its staff shall be governed by the rules and orders applicable tom such classes of Government Servants as shall be specified by the Governor by an Executive Order.



PART-III



Matters in respect of Recruitment



Regulation 19 :- (a) The Commission in the matter of recruitment to the public services and posts in

connection with the affairs of the state, shall strictly adhere to the provisions contained in the rules, orders and instructions issued by the Government from time to time governing such recruitment.



(b) The Commission as and when entrusted by the Government shall take up recruitment to the posts and services in respect of the Corporations, PSU’s Local Bodies Etc. owned by the State Government.



PART-IV

Matters in respect of which it shall not be necessary

for the Commission to be consulted

Regulation 20 :- It shall be necessary for the Commission to be consulted-

(a) as respects any of the matters mentioned in sub-clauses (a), (b) and (c) of clause (3) of Article 320 of the Constitution of India in the case of posts in the Telangana Policy Subordinate Service.



(b) As respects any of the matters mentioned in sub-clause (a) to (c) of clause (3) of Article 320 of the Constitution of India in the case of Officer of the Armed Forces of the Union holding posts in connection with the affairs of the State.



(c) As respects any of the matters mentioned in sub- clause (a) and (b) of clause (3) of Article 320 of the Constitution of India in the case of the posts in respect of which the State Government have directed that the appointments may be made without reference to the Commission by an executive order.



(d) As respects any of the matters mentioned in sub-clause (a) and (b) of clause (3) of Article 320 of the Constitution when appointment by transfer and \ by promotion is made to any category of posts under relevant rules.



(e) The appointment of the spouse of the deceased Government Servant or the Dependent Children of the deceased Government Employee for the Ministerial posts such as Clerks Typists



(f) In regard to the making of any appointment to

(i) Any Honorary post; or

(ii) Any post, the terms of which are to be governed by contract.



Provided that in every case of appointment on contract which may involve a total period of service on contract in excess of five years either in the same post or in another post under the State Government the Commission shall be consulted before the contract is made or renewed.



Explanation: For the purpose of Sub-Clause (i) of this clause ‘honorary post’ means a post the holding of which does not carry with it the right to receive any emoluments of remuneration for services rendered other than an allowance for defraying travelling and other expenses incurred in the performance of duty.



(g) In regard to the making of any appointment by ordinary inter State Transfer to any service or post in this State of a member of a Service in any of the other State.



(h) In regard to the re-employment of persons who have retired on a civil pension or gratuity or who, while in service, were subscribers to a Contributory Provident Fund, in posts borne on the cadre of the same service to which they belonged before their retirement or to posts in other Department requiring the same qualifications and involving responsibilities of the like importance;



(i) in regard to the employment in any service or posts of a persons who is a member of an All-India Service.



Regulation 21: (1) It shall not be necessary for the commission to be consulted on any disciplinary matter affecting a person serving under the State Government in a civil Capacity, except

(a) where the State Government propose to pass an order for imposition of major penalties as specified in C.C.A. Rules; or in the matters of appeal or in revision against an order of a subordinate authority which results in the imposition of any penalty higher than the one imposed by a subordinate authority;

(b) where the State Government propose to pass an order, under relevant Articles of the Civil Service Regulations in the Pension code of the State

(2) Nothing in Clause (1) shall be deemed to make it necessary for the State Government to consult the Commission in any case;

(a) relating to the termination of probation of any person before the expiry of the prescribed or extended period of probation or to the discharge of a person after the expiry of such period on the ground that he is unsuitable or full membership of the service;

(b) relating to the discharge or reversion of an officer otherwise than as a penalty;

(c) relating to the termination of the employment of any person in accordance with the terms of his contract of employment;

(d) relating to compulsory retirement under Article 465(2) or under Note I to Article 4465-A of the Civil Service regulations, of any person who has rendered 25 years of qualifying service or more;

(e) relating to the imposition of any penalty laid down in any rule or order for failure to pass any test or examination within the specified time;

(f) in which the Commission, has, at any previous stage, given advice in regard to the order to be passed and no fresh question has thereafter arisen for determination;

(g) in which the Stage Government propose to pass an order, on an appeal or in revision reducing or annulling any penalty imposed by a subordinate authority;

(h) in which an enquiry has been held by the Tribunal for Disciplinary proceedings;

(i) where the State Government pass orders of compulsory retirement under State Civil Service (Safeguarding of National Security) Rules, or

(j) in which the State Government purpose to propose to revise their orders passed under sub class (h)

(k) in which the State Government propose to pass an order rejecting a memorial or petition relating to any disciplinary matter;

(l) in which an enquiry has been held by the Lokayukta or the Upa-Lokayukta.

(m) in which a major penalty imposed on an employee who is convicted by a court of law or special courts for special police establishment and anti-curruption Bureau cases.

Regulation 22 : It shall not be necessary for the Commission to be consulted in any case referred to in-sub-clause (d) of clause (3) or Article 320 of the Constitution, if the State Government or any subordinate authority competent to sanction payment of the cost of the deference purposes to admit the claim in full.

Explanation: - Nothing contained in this Regulation shall be deemed to preclude a reference to the Commission being made in any case in which the State Government feel a doubt as to the admissibility of a claim in whole or in part.

Regulation 23 : It shall not be necessary for the Commission to be consulted in respect of any of the matters mentioned in sub-clauses (a) to (e) of clause (3) of Article 320 of the Constitution of India in any case in which the A.P. Public Service Commission had been duly consulted before the 2nd day of June 2014, although the State Government may actually pass orders thereon or after the said dates.



Explanation :- Nothing in this Regulation shall be deemed to preclude a reference being made to the Commission in any case covered by this regulation in which the Stat Government consider for reasons to be recorded by them, that such a reference should be made.



PART – V

Savings in respect of certain persons

Regulation 24 : A person serving in the office of the A.P. Public Service Commission as on 2nd June, 2014 and is required to serve in the office of the Telangana Public Service Commission shall be governed by the rules / orders / instructions issued by the Government from time to time and applicable to Employees of the State Government.



Dr. RAJIV SHARMA

Chief Secretary to Government


























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