The Himachal Pradesh Public Service Commission (Additional Functions) Act, 2018

Short title and commencement.- This Act may be called the Himachal Pradesh Public Service Commission (Additional Functions) Act, 2018.

1. (2) It shall come into force on such date as the State Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) “Commission” means the Himachal Pradesh Public Service Commission;
2. (b) “Government” or “State Government” means the Government of Himachal Pradesh;
3. (c) “Institution” means an authority, board, corporation, body corporate or any other institution as included in the SCHEDULE;
4. (d) “notification” means a notification published in the Rajpatra (e-Gazette), Himachal Pradesh;
5. (e) “prescribed” means prescribed by rules made under this Act;
6. (f) “SCHEDULE” means the SCHEDULE appended to this Act; and
7. (g) “State” means the State of Himachal Pradesh.

Additional functions of the Commission.-

1. (1) Notwithstanding anything contained in any law relating to the appointment and conditions of service of employees of an institution,-
   • (a) on request being so made through the Administrative Department concerned in the manner prescribed, it shall be the duty of the Commission to make recommendations for recruitment or to conduct examinations/interviews for making recruitment to the services to Group A, B or C of such institution;
   • (b) the Commission may be consulted in the manner prescribed through the Administrative Department,-
     • (i) on all matters relating to recruitment and conditions of service of an institution;
     • (ii) on the principles to be followed in making appointments to services of an institution and in making promotions from one service to another and on the suitability of candidates for such appointments or promotions;
     • (iii) on all disciplinary matters affecting a person serving under an institution including memorials and petitions relating to such matters;
     • (iv) on any claim by or in respect of a person who is serving or has served in the institution that any cost incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty, for paying out of the funds of such institution;
     • (v) on any claim for the award of a pension in respect of injuries sustained by a person while serving in the institution and any question as to the amount of such award; and it shall be the duty of the Commission to advise on any matter so referred to them and on any other matter relating to employees of the institutions which the Government may refer to them: Provided that the Government may, by notification, specify the matters in which, either generally or in any particular class of cases or in any particular circumstances, it shall not be necessary to consult the Commission.
2. (2) In the case of any difference of opinion between the Commission and the institution on any matter, the institution concerned shall refer the matter to the Government and the decision of the Government thereon shall be final.

Revalidation of recruitment made for the Institutions.- The recommendations on recruitments made by the Commission with reference to any institution before coming into force of this Act shall be deemed to have been revalidated under this Act.

Commission to furnish returns etc. to the Government.- The Commission shall furnish such returns, records and information etc. to the Government as may prescribed.

Power to amend the SCHEDULE.- The State Government after consultation with the Commission, may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, add to or delete any entry of the SCHEDULE, or otherwise amend the SCHEDULE, and thereupon the SCHEDULE shall be deemed to have been amended.

Act to have overriding effect.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Power to make rules.-

1. (1) The Government in consultation with the Commission and after previous publication, may make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,-
   • (a) the procedure to be followed by the institution or any other competent authority for consultation with the Commission;
   • (b) any matter which is incidental to, or necessary for, the purpose of consultation with the Commission;
   • (c) the returns, records and information etc. to be furnished by the Commission; and
   • (d) any other matter for which rules may be made under this Act.
3. (3) Every rule made under this Act shall be laid, as soon as may be, after they are so made, before the State Legislative Assembly, while it is in session, for a period of not less than fifteen days, which may be comprised in one session or in two successive sessions and, if before the expiry of the session in which they are so laid or of the session immediately following, the Assembly makes any modifications in the rules or the Assembly decides that the rules should not be made, such rules shall have effect only in such modified form or be of no effect, as the case may be. However, any such modification or annulment shall be without prejudice to the validity of anything done earlier thereunder.