The
service conditions of the Chairman / Members of UPSC are governed by the
provisions of UPSC (Members) Regulations.
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UPSC
(MEMBERS) REGULATIONS
No.19/2/64-Estt.(B)
Ministry of Home Affairs
Dated the 19th
September, 1969.
REGULATIONS
In exercise of the powers conferred by sub-clause (a) of Article 318 of the Constitution, the President hereby makes the following Regulations, namely: -
1. Short title, commencment and applications:
(1)
These Regulations may be called the Union Public Service Commission
(Members) Regulations, 1969.
(2)
They shall come into force on the date of their publication in the
official gazette.
They shall also apply to members of the Commission holding office at the
commencement of these regulations except in so far as they may have the effect
of varying to the disadvantage of a member the conditions of service to which he
was entitled immediately before the commencement of these regulations.
2.
Definitions:
In these Regulations, unless the context otherwise requires,
(a)
"Chairman" means a chairman of the commission and includes an
acting Chairman appointed by the President under Article 316 (IA) of the
Constitution.
(b)
"Commission" means the Union Public Service Commission.
(c)
"Member" means a member of the Commission and includes the
Chairman thereof.
The maximum number of members of the Commission, excluding the Chairman,
shall be ten.*
*
(Amended vide DOP&Trg.'s Notification No. 39024/1/80-Estt.(B) dated
22.08.1986 - UPSC file no. 46011/3/79-Admn.I).
The Chairman shall receive a pay of rupees thirty thousand per mensem and
each of the other members shall receive a pay of rupees twenty six thousand per
mensem.
"Provided that, on appointment if a member, other than a member
whose pension is regulated under sub-regulation (2) of regulation 8, is in
receipt of or is entitled to receive pension or other forms of retirement
benefits from the Government, a local body, a University or any other body
wholly or substantially owned or controlled by the Government for the past
services rendered under them, the pay shall be reduced by the gross amount of
pension (including any portion of pension which was commuted) and pension
equivalent of other forms of retirement benefits (excluding pension equivalent
of retirement gratuity)".
EXPLANATION: For the purpose of this regulation.
i)
service under the
ii)
the term "University" shall include any institution for higher
education wholly or substantially financed by the Central Government or any
State Government or both and deemed to be a University under Section 3 of the
University Grants Commission Act, 1956;
iii)
the term "any other body wholly or substantially owned or controlled
by the Government" shall include a Government Company as defined in the
Companies Act, 1956, and any other Statutory body, whether incorporated or not,
in which the Central Government or any State Government or both, has a
controlling interest in the share or other capital thereof, or has directly or
through its nominees substantial control over its working.
4A.
Dearness and Additional Dearness Allowance:
"The Chairman and the other members shall receive Dearness Allowance
and Additional Dearness Allowance at the rates applicable from time to time to
the Central Government servants of equivalent grade".
*
Regulation 4 amended vide DOP & Trg. Notification No.
39019/4/96-Estt.(B) dated 3rd December 1997 (UPSC file No.
A-46011/3/97-Admn.I) and Regulation 4A amended vide DOP & Trg.
Notification No. 39025/2/86-Estt.(B) dated 02.07.1993.(UPSC file No.
A.46011/1/91-Admn.I)
(Explanation
under Regulation 4 substituted vide MHA DOP & ARs Notification No.
39018/12/77-Estt.B dated 22.02.1980) (UPSC file No. A.46011/1/78 Admn.I)
(Regulation 4A introduced vide MHA. DOP & ARs Notification No.
39025/4/79-Estt.B dated 21.09.1979) (UPSC file No.46011/1/78-Admn.I)
5.
Retirement from parent service on appointment as Member:
A
Member who, on the date of his appointment to the Commission, was in the service
of the Central or a State Government, shall be deemed to have retired from such
service with effect from the date of his appointment as Member of the
Commission.
6.
Leave admissible to a Member in the service of the Central or a State
Government:
Notwithstanding
anything contained in the regulation 5, a Member who at the time of his
appointment to the Commission was in the service of the Central or a State
Government: -
a)
may be granted leave by the President under the rules applicable to him
immediately before his appointment and his service as Member shall count for
such leave; and
b)
the leave at the credit of any such Member in his leave account shall not
lapse on the date of his appointment as Member but shall be carried forward and
could be availed of during his tenure as Member.
7.
Leave admissible to a Member who was not in the service of the Central
or a State Government:
1)
A Member who at the time of his appointment to the Commission was not in
the service of the Central or a State Government shall be entitled to leave as
provided in Schedule I appended to these Regulations.
2)
The leave at the credit of a Chairman or a Member of a State Public
Service Commission shall not lapse on the date of his appointment as a Member of
the Union Public Service Commission, but shall be carried forward and could be
availed of during his tenure as a Member.
(Sub-regulation 7(2) introduced vide Department of Personnel & ARs
Notification No. 39025/1/81-Estt.(B) dated 30.05.1984). (UPSC file No.
A.46011/2/84-Admn.I)
The provisions of sub-regulation (2) shall apply to the Members of the
Commission including those holding office immediately before the commencement of
the Union Public Service Commission (Members) Amendment Regulations, 1984.
7A.
Cash payment in lieu of unutilised Earned Leave in certain cases:
1)
A Member shall be paid cash equivalent of leave salary in respect of the
period of Earned Leave at his credit at the time of his ceasing to hold office.
2)
The payment of cash equivalent of leave salary under sub-regulation (1)
shall be limited to a maximum of *Three hundred days of Earned leave #including
the period for which cash payment was made prior to the appointment as Member.
3)
The cash equivalent of leave salary thus admissible shall become payable
to a Member at the time of his ceasing to hold office and shall be paid in one
lumpsum as a one time settlement.
4)
Cash payment shall be equivalent to leave salary as admissible for Earned
Leave and Dearness Allowance admissible on that leave salary at the rates in
force on the date of relinquishment of office.
No City Compensatory Allowance and House Rent Allowance shall be payable.
(Regulation 7A introduced vide DOP & ARs Notification No.
39025/1/78-Estt.(B) dated 09.01.1979) (UPSC file No. A.46011/1/78-Admn.I).
*
The words "Three hundred" substituted in place of the words
"Two hundred and forty" vide DOP&T's Notification No.
39019/2/99-Estt.(B) dated 06.07.1999. (UPSC
file No. A.46011/1/94-Admn.I).
#
The
words viz. "including the period for which cash payment was made prior to
the appointment as a Member" inserted vide DOP & ARs
Notification No. 39025/1/81-Estt.(B) dated 30.05.1984.
(UPSC file No. A.46011/2/84-Admn.I).
8.
Pension payable to Members who were in the service of the Central or a
State Government:
1)
A Member who, at the time of his appointment as such, was in the service
of the Central or a State Government shall, at his option 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 the date of his appointment as Member.
Provided that, in 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.
2)
A Member, who at the time of his appointment as such, was in the service
of the Central or State Governments, if he does not exercise the option
mentioned in sub-regulation (1), 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.
9.
Pension payable to Members who were not in the service of the Central
or a State Government, etc.:
1)
Subject to the provisions of these regulations, every Member, who at the
date of his appointment as such was not in the service of the Central or State
Government, a local body, or any other body wholly or substantially owned or
controlled by Government shall, on his ceasing to hold office as such Member, be
paid a pension: -
Provided that no such pension shall be payable to a Member:-
a) Unless he has
completed not less than three years of service for pension as such Member;
or
b)
if he has been removed from office as such Member
2) Pension under these regulations shall be payable to a Member for life.
Provided
that no such pension shall be payable during any period for which such Member
may, after his retirement as such, hold office as the Chairman of the State
Public Service Commission.
3)
*Pension under this regulation shall be paid at the following rates,
namely: -
i)
in the case of the Chairman, rupees fourteen thousand six hundred and
thirty per annum for each completed year of service; and
ii)
in the case of a Member, other than a Chairman, rupees eleven thousand
one hundred and fifty per annum for each completed year of service.
*
Amended vide DOP&Trg. Notification No. 39019/05/99-Estt.(B)
dated 16th April, 2001.
EXPLANATION - I:
-
Where a Member, who has completed not less than three years of service
for pension, resigns from his post and such resignation is accepted by the
President, pension shall be payable to such Member in accordance with these
regulations.
#
EXPLANATION - II: - (w.e.f. 01.04.1979)
When the total service for pension is rendered by a person partly as
Member and partly as Chairman (whether before or after the commencement of Union
Public Service Commission (Members) Amendment Regulations, 1993), the pension
admissible to such person shall be aggregate of the pension calculated
separately for each such term as a Member and as a Chairman.
EXPLANATION
- III:
-
The duration of service of a person as Member shall be computed in terms
of completed years, but if the service rendered is six months or more,
additional benefit of half a year's pension may be allowed.
4)
Every Member referred to in sub-regulation (1) shall be eligible for
graded relief in pension at the rates applicable to a Central Government
Officer.
5)
Commutation will be permissible in respect of pension granted under this
regulation in accordance with the rules applicable to Central Government
Officers of the highest grade.
(Sub-regulation 4 and 5 inserted vide MHA, DOP & ARs
Notification No. 39024/1/77-Estt.(B) dated 03.02.1979) (UPSC file No.
A.46011/1/78-Admn.I).
#
Amended
w.e.f. 01.04.1979 vide DOP & T's Notification No. 39019/3/91-Estt.B dated
30.06.1993.
10.
Pension when not payable:
1)
No pension shall be payable under these regulations to a Member -
i)
who, at the date of his appointment as such, was in the service of a
local body or any other body wholly or substantially owned or controlled by
Government; or
ii)
who, at the date of his appointment as such, had retired from service
under the Central or a State Government, a local body or any other body wholly
or substantially owned or controlled by Government;
If he is in receipt of, has received or has become entitled to receive, any
retirement benefit by way of pension, gratuity, payment from any Contributory
Provident Fund or otherwise, but such person may, at his option, come under the
pension scheme under these regulations, if the amount of the pension or the
pension equivalent of the retirement benefits or both admissible to him in
accordance with the rules and orders of the service to which he belonged falls
short of the amount of the pension admissible to him under these Regulations.
2)
A Member holding office as such shall communicate the option referred to
in sub-regulation (1) in writing to the President during his tenure as such
Member, the option once exercised being final.
3)
Any such Member, so exercising his option under this regulation, shall in
case he has received any retirement benefit, by way of pension including any
commuted value thereof, gratuity or the Government's or the employer's
contribution as the case may be, to any Contributory Provident Fund together
with any interest thereon, in respect of the said service, refund the entire
amount of the said retirement benefits in a lumpsum; and in case he has become
entitled to receive but has not actually received the retirement benefits,
herein before referred to in this sub-regulation, signify in writing that he has
agreed to forego his right to receive the same.
(Substituted vide MHA, DOP & ARs Notification No. 39025/2/80-Estt.B dated 25.08.1981) (UPSC file No.A.46011/2/80-Admn.I).
11.
Provisions for Provident Fund in respect of a Member who was in the
service of the Central or a State Government:
A Member who, at the date of his appointment to the Commission was in the
service of the Central or State Government and who had been admitted to the
benefits of a Contributory Provident Fund, may continue to subscribe to that
Fund until the date on which he must compulsorily retire according to the rules
applicable to him in his service. The
employer's contributions payable to the Fund, shall, as from the date of the
Member's appointment to the Commission, be payable by the Central Government on
the basis of the emoluments which he would have drawn in the post which he held
immediately before such appointment.
Provided that if the pension equivalent of Government contribution to the
Contributory Provident Fund together with the interest thereon falls short of
the amount of the pension admissible to a Member in respect of the service
rendered by him as such, such Member may, at his option, come under the pension
scheme under regulation 9 (Nine).
EXPLANATION
- I
A member exercising his option under the above proviso shall communicate
his option in writing to the President during his tenure as such Member, the
option once exercised being final.
EXPLANATION
- II
If a Member exercising his option has received any benefits of
Contributory Provident Fund on retirement from service under the Central or a
State Government, he shall not become eligible for pension under these
regulations unless he refunds in lumpsum the Government contribution to that
Provident Fund with interest thereon together with other retirement benefits, if
any.
11A.
Contributory Provident Fund
1)
A member who, at the time of his appointment as such Member was in the
service of the Central or a State Government or of a local body, or any other
authority wholly or substantially owned or controlled by Government and who
opts, or had opted, to draw his pension and other retirement benefits under the
rules applicable to the service to which he belonged prior to such appointment;
or
2)
had retired from service under the Central or a State Government, a local
body or other authority wholly or substantially owned or controlled by
Government and who does not opt, or had not opted, to come under the pension
scheme under these regulations; or
3)
was not in the service of the Central Government or a State Government, a
local body or any other authority wholly or substantially owned by Government
and either does not become entitled to any pensionary benefits under these
Regulations or opts not to come under the pension scheme under these
Regulations;
shall
be entitled to be admitted to the benefits of the Contributory Provident Fund
Scheme and for this purpose shall be governed by the Contributory Provident Fund
(
(Regulation
11A introduced vide MHA, DOP & ARs Notification No. 39025/1/79-Estt.B
dated 14.11.1979) (UPSC file No. A.46011/1/75-Admn.I).
12.
Option to subscribe to the Central Provident Fund (Central Services)
Every Member may, at his option, subscribe to the General Provident Fund
(Central Services), in accordance with the rules or orders governing that fund:
Provided that a Member who at the date of his appointment was in the
service of the Central or a State Government 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 compulsorily retire
from service in accordance with the rules applicable to him in his service.
On that date, his accumulated balance in that Provident 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 (Central Services)
be transferred to the said fund.
Provided further that where a Member opts to withdraw the accumulated
balance in that Provident Fund, including the Government's contribution, if any,
the said balance shall be paid to him.
(Second proviso inserted vide DOP & ARs Notification No.
19/1/73-Estt.B dated 07.05.1975) (UPSC file No. A.46011/2/74-Admn.I).
13.
Facilities for medical treatment:
A member shall be entitled to such facilities for medical treatment as
are provided for in the Contributory Health Scheme Rules, 1954, as amended from
time to time.
*14. Allotment of accommodation :
In respect of allotment of residential premises owned, leased or
requisitioned by the Central Government, the Chairman and other Members shall be
governed by the rules and orders for the time being applicable to Central
Government servants of equivalent grades.
#14A.
Travelling concession to Members for joining the post
1)
A person who is not in the service of the Central or State Government at
the time of appointment as Member shall be entitled to the following benefits to
join the post, namely:-
(a) First
Class / AC 2 tier fare for journey undertaken by rail for self and family
consisting of spouse and dependent children from the nearest railway station.
(b) Cost
of transportation of baggage (including car) and necessary incidental charges,
as admissible to a First Grade Central Government Officer; and
(c) Lumpsum
Transfer Grant and Packing Allowance at the rates prescribed for Central
Government Officers of equivalent grade.
2)
A person who is in the service of Central or a State Government at the
time of his appointment as Member shall be entitled to Travelling Allowance and
Transfer Travelling Allowance for joining the post as per rules of the service
to which he belonged immediately before his appointment.
*15.
Applicability of rules and orders :
1)
The conditions of service of the Chairman and other Members for which no
express provision has been made in these regulations shall be determined by the
rules and orders for the time being applicable to the Central Government
servants of equivalent grade.
2)
Nothing in these regulations shall be construed as rendering the
conditions of service of the Chairman or any other Member less favourable than
that existed on the date of his appointment.
(Regulation
15 introduced vide MHA, DOP & ARs Notification No. 39025/3/78-Estt.B
dated 09.09.1980) (UPSC file No.A.46011/1/78-Admn.I).
*
Regulations 14 & 15 amended vide DOP&T's Notification No.
39025/2/88-Estt.B dated 02.07.1993.
#
Regulation
14A inserted vide DOP&T's Notification No.39025/1/85-Estt.B dated
02.07.1993.
16.
Repeal and Savings:
1)
On the commencement of these regulations the Union Public Service
Commission (Conditions of Service) Regulations issued with the late Home
Department Notification No. F-322/35-Estt. dated 01.04.1937, as amended from
time to time, shall stand repealed.
Nothing contained in these Regulations shall have effect so as to give to a
Member who is serving as such at the commencement of these Regulations less
favourable terms in respect of his allowances or his rights in respect of leave
of absence or pension than those to which he would have been entitled if these
Regulations had not been made.
Sd/-
Joint Secretary to the Government of
To
The
Manager,
Government of
S
C H E D U L E*
(See Regulation 7)
(UMA
SHANKAR)
Joint Secretary to the Government of