THE

HIMACHAL
PRADESH PUBLIC
SERVICE
COMMISSION
HAND BOOK

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 CONTENTS
PART–I
Sr. No. Item Pages
1 Constitutional Provisions 01 – 11

PART–II
REGULATIONS
Sr. No. Item Pages
The Himachal Pradesh Public Service
1 Commission (Members) Regulations, 12 – 36
1974, as amended from time to time.
The Himachal Pradesh Public Service
2 Commission (Exemption from 37 – 49
Consultation) Regulations, 1973, as
amended from time to time.
The Himachal Pradesh Public Service
3 Commission (Staff) Regulations, 50 – 54
1971, as amended from time to time.

PART–III
Sr. No. Item Pages
1 Important Notes and Forms 55 – 62

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PROVISIONS OF THE CONSTITUTION OF INDIA REGARDING
SERVICES
Article 309. Recruitment and conditions of service of persons serving the Union
or a State.
Subject to the provisions of this Constitution, Acts of the appropriate Legislature
may regulate the recruitment, and conditions of service of persons appointed, to
public services and posts in connection with the affairs of the Union or of any
State:
Provided that it shall be competent for the President or such person as he
may direct in the case of services and posts in connection with the affairs of the
Union, and for the Governor of a State or such person as he may direct in the
case of services and posts in connection with the affairs of the State, to make
rules regulating the recruitment, and the conditions of service of persons
appointed, to such services and posts until provision in that behalf is made by or
under an Act of the appropriate Legislature under this article, and any rules so
made shall have effect subject to the provisions of any such Act.
Article 310. Tenure of office of persons serving the Union or a State.
(1) Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all
India service or holds any post connected with defence or any civil post
under the Union, holds office during the pleasure of the President, and
every person who is a member of a civil service of a State or holds any civil
post under a State holds office during the pleasure of the Governor of the
State.

(2) Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case may
be, of the Governor of the State, any contract under which a person, not
being a member of a defence service or of an all India service or of a civil
service of the Union or a State, is appointed under this Constitution to hold
such a post may, if the President or the Governor as the case may be, deems
it necessary in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if before
the expiration of an agreed period, that post is abolished or he is, for
reasons not connected with any misconduct on his part, required to vacate
that post.

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Article 311. Dismissal, removal or reduction in rank of persons employed in
civil capacities under the Union or a State.
(1) No person who is a member of a civil service of the Union or an all India
service or a civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by a authority subordinate to that by
which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
those charges
Provided that where it is proposed after such inquiry, to impose upon
him any such penalty, such penalty may be imposed on the basis of the
evidence adduced during such inquiry and it shall not be necessary to give
such person any opportunity of making representation on the penalty
proposed: Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on the
ground of conduct which has led to his conviction on a criminal
charge; or
(b) where the authority empowered to dismiss or remove a person or to
reduce him in rank is satisfied that for some reason, to be recorded by
that authority in writing, it is not reasonably practicable to hold such
inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied
that in the interest of the security of the State, it is not expedient to
hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises whether it is
reasonably practicable to hold such inquiry as is referred to in clause (2),
the decision thereon of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final.

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PROVISIONS OF THE CONSTITUTION OF INDIA REGARDING
PUBLIC SERVICE COMMISSIONS
Article 315. Public Service Commissions for the Union and for the States.

1. Subject to the provisions of this article, there shall be a Public Service

Commission for the Union and a Public Service Commission for each
State.
2. Two or more States may agree that there shall be one Public Service
Commission for that group of States, and if a resolution to that effect is
passed by the House or, where there are two Houses, by each House of the
Legislature of each of those States, Parliament may by law provide for the
appointment of a Joint State Public Service Commission (referred to in this
Chapter as Joint Commission) to serve the needs of those States.
3. Any such law as aforesaid may contain such incidental and consequential
provisions as may be necessary or desirable for giving effect to the
purposes of the law.
4. The Public Service Commission for the Union, if requested so to do by the
Governor of a State, may, with the approval of the President, agree to serve
all or any of the needs of the State.
5. References in this Constitution to the Union Public Service Commission or
a State Public Service Commission shall, unless the context otherwise
requires, be construed as references to the Commission serving the needs
of the Union or, as the case may be, the State as respects the particular
matter in question.

Article 316. Appointment and term of office of members.

1. The Chairman and other members of a Public Service Commission shall
be appointed, in the case of the Union Commission or a Joint Commission,
by the President, and in the case of a State Commission, by the Governor
of the State:
Provided that as nearly as may be one-half of the members of every
Public Service Commission shall be persons who at the dates of their
respective appointments have held office for at least ten years either under
the Government of India or under the Government of a State, and in
computing the said period of ten years any period before the

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 commencement of this Constitution during which a person has held office
under the Crown in India or under the Government of an Indian State shall
be included.

A. If the office of the Chairman of the Commission becomes vacant or if

any such Chairman is by reason of absence or for any other reason
unable to perform the duties of his office, those duties shall, until some
person appointed under clause (1) to the vacant office has entered on
the duties thereof or, as the case may be, until the Chairman has
resumed his duties, be performed by such one of the other members of
the Commission as the President, in the case of the Union Commission
or a Joint Commission, and the Governor of the State in the case of a
State Commission, may appoint for the purpose.
2. A member of a Public Service Commission shall hold office for a term of
six years from the date on which he enters upon his office or until he
attains, in the case of the Union Commission, the age of sixty-five years,
and in the case of a State Commission or a Joint Commission, the age of
sixty-two years, whichever is earlier:
Provided that—
(a) a member of a Public Service Commission may, by writing under his
hand addressed, in the case of the Union Commission or a Joint
Commission, to the President, and in the case of a State Commission,
to the Governor of the State, resign his office;
(b) a member of a Public Service Commission may be removed from his
office in the manner provided in clause (1) or clause (3) of article
317.
A person who holds office as a member of a Public Service Commission
shall, on the expiration of his term of office, be ineligible for
reappointment to that office.

Article 317. Removal and suspension of a member of a Public Service

Commission.
1. Subject to the provisions of clause (3), the Chairman or any other member
of a Public Service Commission shall only be removed from his office by
order of the President on the ground of misbehaviour after the Supreme
Court, on reference being made to it by the President, has, on inquiry held

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 in accordance with the procedure prescribed in that behalf under article
145, reported that the Chairman or such other member, as the case may be,
ought on any such ground to be removed.
2. The President, in the case of the Union Commission or a Joint
Commission, and the Governor in the case of a State Commission, may
suspend from office the Chairman or any other member of the Commission
in respect of whom a reference has been made to the Supreme Court under
clause (1) until the President has passed orders on receipt of the report of
the Supreme Court on such reference.
3. Notwithstanding anything in clause (1), the President may by order remove
from office the Chairman or any other member of a Public
Service Commission if the Chairman or such other member, as the case
may be,—
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside
the duties of his office; or
(c) is, in the opinion of the President, unfit to continue in office by
reason of infirmity of mind or body.

4. If the Chairman or any other member of a Public Service Commission is

or becomes in any way concerned or interested in any contract or
agreement made by or on behalf of the Government of India or the
Government of a State 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 clause (1), be deemed to be guilty of
misbehavior.

Article 318. Power to make regulations as to conditions of service of members

and staff of the Commission.
In the case of the Union Commission or a Joint Commission, the President and,
in the case of a State Commission, the Governor of the State may by
regulations-
(a) determine the number of members of the Commission and their conditions
of service; and

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(b) make provision with respect to the number of members of the staff of the
Commission and their conditions of service:
Provided that the conditions of service of a member of a Public Service
Commission shall not be varied to his disadvantage after his appointment.

Article 319. Prohibition as to the holding of offices by members of

Commission on ceasing to be such members.
On ceasing to hold office-
(a) the Chairman of the Union Public Service Commission shall be ineligible
for further employment either under the Government of India or under the
Government of a State;
(b) the Chairman of a State Public Service Commission shall be eligible for
appointment as the Chairman or any other member of the Union Public
Service Commission or as the Chairman of any other State Public Service
Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(c) a member other than the Chairman of the Union Public Service
Commission shall be eligible for appointment as the Chairman of
the Union Public Service Commission or as the Chairman of a State Public
Service Commission, but not for any other employment either under the
Government of India or under the Government of a State;
(d) a member other than the Chairman of a State Public Service Commission
shall be eligible for appointment as the Chairman or any other member of
the Union Public Service Commission or as the Chairman of that or any
other State Public Service Commission, but not for any other employment
either under the Government of India or under the Government of a State.

Article 320. Functions of Public Service Commissions.

1. It shall be the duty of the Union and the State Public Service Commissions
to conduct examinations for appointments to the services of the Union and
the services of the State respectively.
2. It shall also be the duty of the Union Public Service Commission, if
requested by any two or more States so to do, to assist those States in
framing and operating schemes of joint recruitment for any services for
which candidates possessing special qualifications are required.

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3. The Union Public Service Commission or the State Public Service
Commission, as the case may be, shall be consulted—
(a) on all matters relating to methods of recruitment to civil services and
for civil posts;
(b) on the principles to be followed in making appointments to civil
services and posts and in making promotions and transfers from one
service to another and on the suitability of candidates for such
appointments, promotions or transfers;
(c) on all disciplinary matters affecting a person serving under the
Government of India or the Government of a State in a civil capacity,
including memorials or petitions relating to such matters;
(d) on any claim by or in respect of a person who is serving or has served
under the Government of India or the Government of a State or under
the Crown in India or under the Government of an Indian State, in a
civil capacity, that any costs 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 should be paid out
of the Consolidated Fund of India, or, as the case may be, out of the
Consolidated Fund of the State;
(e) on any claim for the award of a pension in respect of injuries
sustained by a person while serving under the Government of India
or the Government of a State or under the Crown in India or under
the Government of an Indian State, in a civil capacity, and any
question as to the amount of any such award,
and it shall be the duty of a Public Service Commission to advise on any
matter so referred to them and on any other matter which the President, or,
as the case may be, the Governor of the State, may refer to them:
Provided that the President as respects the all India services and also as
respects other services and posts in connection with the affairs of the
Union, and the Governor, as respects other services and posts in
connection with the affairs of a State, may make regulations specifying the
matters in which either generally, or in any particular class of case or in
any particular circumstances, it shall not be necessary for a Public Service
Commission to be consulted.

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4. Nothing in clause (3) shall require a Public Service Commission to be
consulted as respects the manner in which any provision referred to in
clause (4) of article 16 may be made or as respects the manner in which
effect may be given to the provisions of article 335.
5. All regulations made under the proviso to clause (3) by the President or the
Governor of a State shall be laid for not less than fourteen days before each
House of Parliament or the House or each House of the Legislature of the
State, as the case may be, as soon as possible after they are made, and shall
be subject to such modifications, whether by way of repeal or amendment,
as both Houses of Parliament or the House or both Houses of the
Legislature of the State may make during the session in which they are so
laid.

Article 321. Power to extend functions of Public Service Commissions.

An Act made by Parliament or, as the case may be, the Legislature of a State
may provide for the exercise of additional functions by the Union Public
Service Commission or the State Public Service Commission as respects the
services of the Union or the State and also as respects the services of any local
authority or other body corporate constituted by law or of any public institution.

Article 322. Expenses of Public Service Commissions.

The expenses of the Union or a State Public Service Commission, including any
salaries, allowances and pensions payable to or in respect of the members or
staff of the Commission, shall be charged on the Consolidated Fund of India or,
as the case may be, the Consolidated Fund of the State.

Article 323. Reports of Public Service Commissions.

1. It shall be the duty of the Union Commission to present annually to the
President a report as to the work done by the Commission and on receipt
of such report the President shall cause a copy thereof together with a
memorandum explaining, as respects the cases, if any, where the advice of
the Commission was not accepted, the reasons for such non-acceptance to
be laid before each House of Parliament.
2. It shall be the duty of a State Commission to present annually to the
Governor of the State a report as to the work done by the Commission, and

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it shall be the duty of a Joint Commission to present annually to the
Governor of each of the States the needs of which are served by the Joint
Commission a report as to the work done by the Commission in relation to
that State, and in either case the Governor, shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as respects
the cases, if any, where the advice of the Commission was not accepted,
the reasons for such non-acceptance to be laid before the Legislature of the
State.

*****

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 HIMACHAL PRADESH PUBLIC SERVICE COMMISSION
(MEMBERS) REGULATIONS, 1974

No.8-3/72-DP (Apptt.-II) Shimla-2, the 15th May, 1974

In exercise of the powers conferred by sub-clause (a) of Article 318
of the Constitution of India, and in supersession of the Department Notification
No.1-OSD/PSC-71 dated 08thApril,1971, the Governor of Himachal Pradesh
hereby makes the following Regulations, namely:-
1. SHORT TITLE AND COMMENCEMENT AND APPLICATIONS-
(i) These Regulations may be called the Himachal Pradesh Public Service
Commission (Members) Regulations, 1974.
(ii) They shall come into force from 01stApril,1981.
2. DEFINITIONS: In these Regulations, unless the context otherwise
requires:-
(a) ‗Chairman‘ means Chairman of the Commission;
(b) ‗Governor‘ means Governor of the State of Himachal Pradesh;
(c) ‗Member‘ means Member of the Commission and includes the
‗Chairman‘ thereof; and
(d) ‗The Commission‘ means the Himachal Pradesh Public Service
Commission; and
(e) ‗The total monthly emoluments‘ means ―Emoluments as defined by
the Government from time to time‖.
3. NUMBER OF MEMBERS: The Commission shall consist of a Chairman
and such number of members, not exceeding five.
4. OATHS: Every Member shall, on appointment, be required to take the
oaths in the forms laid dawn in Appendix-‗A‘ of these Regulations.
Appendix ‗A‘
(See Regulation 4)
FORM OF OATH OF ALLEGIANCE
I………………………………solemnly affirm that I will be faithful and bear
true allegiance to India and to the Constitution of India as by Law established
and that I will loyally carry out the duties of my office.

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 FORM OF OATH OF OFFICE
I………………………………appointed as a Member of the Himachal Pradesh
Public Service Commission do solemnly declare that I will faithfully perform
the duties of my office to the best of my ability, knowledge and judgement.
FORM OF OATH OF SECRECY
I……………………………..solemnly affirm that I will not directly or indirectly
communicate or reveal to any person or persons any matter which shall be
brought under my consideration or shall become known to me as Member of the
Himachal Pradesh Public Service Commission except as may be required for the
discharge of my duties as such Member.
The oath to the Chairman / Members of the Himachal Pradesh Public
Service Commission will be administered by the Governor in person in the
presence of the Chief Secretary and that in case the Governor is not in a position
to administer such oath due to any reasons whatsoever the oath to the Chairman
will be administered by the senior most member of the Himachal Pradesh Public
Service Commission available and that to a member by the Chairman or in his
absence by the senior most member in the presence of the Chief Secretary.
5. The Chairman appointed to the parity with the Chief Secretary and
Members shall have parity with Principal Secretary to the State
Government only in respect of pay scales:
Provided that there shall be no parity in respect of Secretariat pay or
other allowances payable to the Chief Secretary or to the Principal
Secretary.
Provided further that the allowances already admissible to the Chairman
and Members holding the post prior to coming into force of these
regulations shall not be withdrawn or reduced.
6. If the Chairman or a Member, at the time of appointment as such is a
person retired from Government, a Local Body, a University or any other
body wholly or substantially owned or controlled by the Government he
will be entitled to get such total monthly emoluments as last drawn,
reduced by the amount of pension, if any, (excluding pension equivalent to
DCRG). He will however, draw full amount of pension, if any in addition.

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 Note: The pay scales of the present incumbent of the posts will be
protected.
7. If the Chairman or a Member of the Commission, at the time of
appointment as such is a person serving under any Government he shall
henceforth cease to be in the service of the Government and shall be
entitled to draw pay, subject to provision of Paragraph 2 & 3 of Regulation
8 below.
Provided that the amount of pension if already determined on the
basis of option given under Regulation 8 (1) shall be revised on the basis of
the emoluments last drawn by him on attaining the age of actual
superannuation.
8. (1) Such a person who at the time of appointment as Chairman, or a
Member, as a person serving under any Government, shall be
permitted to elect to draw his pension and other retirement benefits
admissible to him under the relevant rules governing his service under
the Government.
OR
Elect to count his service on the Commission qualifying service for
the purpose of pension under the rules ibid. A time limit of six months
from the date of his entry in office of the Commission or from the date
of publication of regulations whichever is later may be allowed to
exercise this option and the option so exercise shall be final.
(2) If such a person elects to draw pension for the service rendered by him
under the Government prior to his appointment on the Commission,
his pay as Chairman or Member shall be fixed in the manner as
prescribed in regulation No. 6 ibid.
(3) If such a person elects to count his service in the Commission as
qualifying service, the retirement benefits admissible to him will be
subject to the overall ceiling of the amount of retirement benefits
which such person would have drawn had he not been appointed to the
Commission and continued in service under the Government. He
shall, however, not be permitted to retire on the day of superannuation
which otherwise he would have attained had he not been appointed in

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 the Commission, he will be entitled to get his retirement benefits only
when he finally quits the Commission as a Chairman or a Member.
9. (1) If the Chairman or a Member at the time of appointment as such, is
serving under local Body, a University or any other Body wholly or
substantially owned controlled by the Government his pay shall be
fixed in the following manners:-
If drawing pension from such body, he will be entitled to draw total
monthly emoluments as last drawn, reduced by the amount of pension
(excluding pension equivalent to DCRG).
Provided that if no pension has been drawn from such body, he
shall be entitled to draw the total monthly emoluments last drawn, in
the service of such corporation / Board etc.
(2). Notwithstanding anything contained in these regulations the Chairman
of the Commission shall be entitled to receive a fixed basic pay of
`80,000/- and Members of the Commission shall be entitled to the pay
scale of `67,000-79,000 (No Grade Pay);
Provided that the Chairman and the Members of the Commission
holding the post prior to the coming into force of these regulations
shall be eligible to draw the allowances payable to the Chief Secretary
and Principal Secretary, respectively;
Provided further that if the Chairman or a Member, at the time of
appointment as such is a person retired from Government, a local
Body, a University or any other Body wholly or substantially owned
or controlled by the Government and was drawing pay more than the
maximum of the pay scales of Chairman and Member, in that case the
last pay drawn by them shall be taken into consideration for fixation
of pay subject to the condition that pay plus gross pension shall not
exceed `80,000/- per month.
10. LEAVE:
A Member who at the time of appointment as such was in the service of the
Government, a local body a University or any other body wholly or
substantially owned or controlled by the Government may be granted leave
by the Governor under the rules applicable to him immediately before his
appointment to the Commission and his service as member shall count for

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 such leave. 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.
A member who on the date of his appointment to the Commission
was not in the service of any Government in India may be granted leave by
the Governor as provided for in Appendix-‗B‘ to these Regulations.
10-A. PAYMENT OF COMPENSATION IN CERTAIN CASES OF
REFUSAL OF LEAVE:
(1) Leave at the credit of the Chairman / Member of the Commission shall
lapse on the date on which he vacates office.
Provided that if, a Chairman / Member is or has been refused leave
preparatory to the expiry of his term of Office, he may, for the
hardship caused by such refusal, be granted compensation for leave so
refused, subject to the condition that such compensation shall be
granted in respect of not more than 120 days of leave refused, and the
amount of such compensation shall be determined in the manner
hereinafter set out and paid to the Member in equal monthly
instalments not exceeding four.
(2) For the purpose of determining the amount of compensation payable
to a Member under Regulation 10-A (1) above, the total amount of (i)
the leave salary that the member would have drawn if the leave had
not been refused, and (ii) the pension (including the pension
equivalent of other retirement benefits to which the Member is entitled
from the date of vacation of Office for a period of equivalent to a
period of leave refused, shall be calculated separately and the total
amount of pension (including the pension equivalent of other
retirement benefits) referred to in clause (ii) shall then be deducted
from the total amount of leave salary referred to in clause (i) and the
balance shall be the amount of compensation payable to the Member
under sub regulation (1).

Notwithstanding anything to the contrary in these regulations in case a

Chairman / Member had been refused leave preparatory to retirement
from the service of the Government by the Government prior to his
appointment as Chairman / Member, but was prevented from carrying

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 forward or availing of such leave after the date of his superannuation
from the Government or was able to carry forward and or avail of only
a portion of the leave refused, due to his appointment as Chairman /
Member, such leave, or such expired portion of the leave, as the case
may be, may also be taken into account for the purpose of determining
the cash compensation payable under the Regulations.
11. PENSION:
In the case of a retired Government Servant service as member shall not
count as qualifying service for the purpose of re-calculating his pension
(and other retirement benefits) at the expiry of his tenure of office as
Member.
11-A. The Chairman or a Member, who at the date of his appointment as such
was not in the service of the Central Government or a State Government,
a local authority, a University, a privately managed recognized school or
affiliated college or any other body wholly or substantially owned or
controlled by the State Government of Himachal Pradesh shall on his
ceasing to hold office as Chairman or Member be paid a pension for his
life at the rate of `300/- (Rupees three hundred per month) in the case of
Chairman and `250/- (Rupees two hundred and fifty) per month in the
case of Member for each completed year of service as Chairman or
Member, as the case may be, subject to a maximum of `1800/- (Rupees
one thousand eight hundred) only per month in the case of Chairman and
`1500/- (Rupees one thousand five hundred) per month in the case of
Member.
12. PROVIDENT FUND:
It shall be permissible for Member if he so elects to subscribe to the
General Provident Fund in accordance with the General Provident Fund
Rules in force from time to time in Himachal Pradesh. Members are also
permitted to carry forward balance in their respective Provident Fund
Account to the new Provident Fund Account in case of serving officers
who are appointed to the Commission.
13. TRAVELLING ALLOWANCE:
(1) A Member of the Commission, for joining his office including the
taking of oath and for travelling on duty, shall be entitled to Travelling

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 Allowance and mileage allowance at the rates admissible to an officer
of Grade-I of the State Government. A Member, for joining his office
including taking oath, shall also be entitled to TA / mileage allowance
for members of his family and for transportation of personal effects at
the rate / scale admissible to Grade-1 Officer.
(2) A Member, who on the date of his appointment was in the service on
any Government in India, shall be entitled to travelling allowance as on
transfer.
14. MEDICAL ATTENDANCE:
For the purpose of Medical Attendance, the Chairman / Member shall be
governed by the Central Service (Medical Attendance) Rules, 1944, or any
other rules applicable from time to time to the employees of the Himachal
Pradesh Government, as the case may be.
15. CONDITIONS OF SERVICE IN RESIDUARY MATTERS:
In respect of any matters for which there is no provision in these
Regulations the Chairman and other Members of the Commission shall be
governed by the rules and orders for the time being applicable to such
classes of Government servants as shall be specified by the Government.
16. POWER TO REMOVE DIFFICULTIES:
If any difficulty arises in giving effect to the provisions of these
Regulations, the State Government may, by order to be published in the
Official Gazette, make such provisions or give such directions as may
appear to it to be necessary or expedient for removal of the difficulty.

*****

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 APPENDIX ‗B‘
(See Regulation 10)
A Member who at the time of his appointment to the Commission was not in the
service of the Government, a Local Body, a University or any other body wholly
or substantially owned or controlled by the Government; may be granted leave
by the Governor as follows:-
(a) Earned leave at the rate of one-eleventh of the period spent on duty, on
leave salary equivalent to full pay.
(b) Leave on Medical Certificate or on private affairs at the rate of 20 days in
respect of each completed year of service on leave salary equivalent to
half pay.
Provided that commuted leave on full pay not exceeding half the
amount of half pay leave due may be granted, if the leave is taken on
medical certificate and the authority competent to sanction leave has
reason to believe that the Member will return to duty on its expiry.
(c) Extraordinary leave without allowance when no other leave is by rule
admissible or when other leave is admissible, but the Member concerned
applied in writing for the grant of extraordinary leave.
----------
ORDER
Shimla-171 002; the 30th July, 1975
No.8-3/72-DP(Apptt.)II- In pursuance of the provisions of Regulation 15 of the
Himachal Pradesh Public Service Commission (Members) Regulations, 1974 the
Governor, Himachal Pradesh, is pleased to order that the Chairman and the
Members of the Commission on their retirement / completion of tenure shall be
entitled to travelling allowance from the last station of duty to their home towns
as admissible to Grade-1 officers of the Himachal Pradesh Government under
the instructions contained in Government of India, Ministry of Finance, Office
Memorandum, No.5(109)-E-1V/57 dated the 11thJuly,1960, as amended from
time to time.
2. This issues in consultation with the Finance Department vide their U.O.
No.11/7/74-Fin.(Reg.)1713 dated the 14thJuly,1975.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh

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 ORDER
Shimla-171 002, the 18th September,1976
No.PER(AP-II-A(3)-6/76 - In pursuance of provisions of Regulation 15 of the
Himachal Pradesh Public Service Commission (Members) Regulations, 1974,
the Governor, Himachal Pradesh is pleased to order that the Chairman and
Member of the Commission shall be entitled for getting an advance from the
Government for purchasing a conveyance and for purchasing or building a
house as admissible to the Government Servants of the Himachal Pradesh
Government under the provisions of rule 19.16 to 19.21 of the Himachal
Pradesh Financial Rules, 1971(Vol-1).
2. This issues in consultation with the Finance Department-vide their U.O.
No. 2352-Fin.(C)b(15)-21/76 dated 2-9-1976.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002; the 07th October, 1978
No.PER(AP-II)-A(3)-6/76- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations,1974,
the Governor, Himachal Pradesh is pleased to order that the Chairman and the
Member of the Commission shall be governed by the order contained in the
office Memorandum No.Fin.(C)A(3)6/76 dated 15-12-1977 in the matter of
grant of cash payment in lieu of un-utilized earned leave on the date of
retirement as a Chairman or a Member, as the case may be, with effect from 30-
09-1977.
2. This issue with concurrence of the Finance Department obtained vide
their U.O. No.Fin.(C)A(3)10/78dated 1-8-1978.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh

----------

Page 20 of 62
 ORDER
Shimla-171 002; the 28th April, 1979
No.Per.(AP-II)A(3)6/76- In pursuance of the provisions of Regulation 15 of the
Himachal Pradesh Public Service Commission (Member) Regulations, 1974, the
Governor, Himachal Pradesh is pleased to order that a Member, who in the
absence of the Chairman on leave or otherwise performs the additional duties of
the Chairman shall be entitled to an additional pay at the rate of `200 a month.
Provided that such additional duties are performed for a period of not less
then fourteen days.
2. This order shall be deemed to have come into force from 1stJanuary,1979.
3. This issues with the concurrence of Finance Department obtained vide
their U.O. No.762-Fin.B(15)-21/79dated 17-4-1979.
Sd/-
Joint Secretary (Personnel) to the
Government of Himachal Pradesh

----------
ORDER
Shimla-171 002, the 6th September, 1979
No.PER.(AP-II)A(3)-6/76- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations,
1974, the Governor, Himachal Pradesh is pleased to order that the Chairman and
Member of the Commission shall be entitled to draw Dearness Allowance and
Additional Dearness Allowance as admissible from time to time to the officers
of the State of Himachal Pradesh drawing pay equivalent to the amounts
specified in Regulation 5 of the aforesaid Regulations in addition to the pay /
emoluments fixed under Regulations 5,6,7 & 8, as the case may be, subject to
the condition that the amount of D.A. and or Additional D.A shall further be
reduced by the amount of D. A. and Additional D.A.as might have been taken
into account for the purpose of fixation of pay/emolument under Regulations 6,
7 or 8 of these Regulations.
2. This order shall be deemed to have come into force with effect from 1-9-
1974.

Page 21 of 62
3. This issued with the concurrence of the Finance Department obtained vide
their U.O. No.1784 dated 3-9-1979.
4. This is in supersession of this Departments order of even number dated
the 20thAugust, 1979.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002 the 28th April, 1979
No.PER(AP-II)-A(3)-6/76- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations, 1974
the Governor of Himachal Pradesh is order that the Chairman and Member of
the Commission shall be governed by the orders contained in Office
Memorandum No.2-4/71-Fin(Reg)-11 dated 30th March, 1974 and Office
Memorandum No.7-4/74-Fin. (Reg.) dated 06th January,1975 and subsequent
modifications made therein relating to Leave Travel Concession to visit home
town once in a block of two years and any place in India once in a block of four
years.
2. This concession shall be deemed to be admissible with effect from 1st
January, 1979 and for this purpose the first block shall be for the period from 1-
1-1978 to 31-12-1981.
3. This issues with the concurrence of the Finance Department obtained
vide their U.O. No.Fin.(C)B(15)21/75 dated 17th April, 1979.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002, the 2nd September, 1987
No.PER(AP-II)A(3)-6/76-II- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations,
1974, the Governor, Himachal Pradesh is pleased to order that the Chairman of
the Himachal Pradesh Public Service Commission shall be entitled to sumptuary
allowance at the rate of `400/- per month from the date of issue of this order.

Page 22 of 62
2. This issues with the prior concurrence of the Finance Department
obtained vide their Dy.No.1367-Fin(C)-B(15)-2/82 dated the 2nd September,
1987.
Sd/-
Secretary (Personnel) to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002, the 24th September,1987
No.PER.(AP-II)A(3)-6/76-II- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations,
1974, the Governor, Himachal Pradesh is pleased to order that the Chairman and
Members of the Himachal Pradesh Public Service Commission shall be entitled
to Capital Allowance as is admissible to the officers of the State of Himachal
Pradesh with effect from 01-06-1986.
2. This issues with the prior concurrence of the Finance Department
obtained vide their Dy.No.1176 dated 31st July, 1987.
Sd/-
Secretary (Personnel) to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002, the 24th September,1987
No.PER.(AP-II)-A(3)-6/76-II- In pursuance of the provisions of Regulation 15
of the Himachal Pradesh Public Service Commission (Members)
Regulations,1974, the Governor of Himachal Pradesh is pleased to order that the
Chairman and Members of the Himachal Pradesh Public Service Commission
shall be entitled to Compensatory Allowance as is admissible to the Officers of
Himachal Pradesh Government with effect from 01-09-1984.
2. This issues with the prior concurrence of the Finance Department
obtained vide their Dy. No.1176, dated 31st July,1976.
Sd/-
Chief Secretary to the
Government of Himachal Pradesh

----------

Page 23 of 62
 ORDER
Shimla-171002, the 10th November,1987
No.PER.(AP-II)A(3)-6/76-II- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations, 1974
and in supersession of this Department order of even number dated 7-10-1978,
the Governor, Himachal Pradesh is pleased to order that the Chairman and the
Members of the Commission shall be entitled to the grant of cash payment in
lieu of unutilised earned leave due on the date of retirement a Chairman and
Member subject to a maximum of 240 days (including the period for which the
encashment was allowed at the time of retirement from the service of the
Government, a local body, a University, or any body wholly or substantially
owned or controlled by the Government.
2. This order will be deemed to be effective from 01-07-1986.
3. This issues with the concurrence of the Finance Department obtained
vide their Dy. No.1419-Fin.(C)-B(7)-54/80 dated 09-09-1987.
Sd/-
Secretary (Personnel) to the
Government of Himachal Pradesh

----------
ORDER
Shimla-171 002, the 8th March,1988
No.PER.(AP-II)A(3)-6/76-II- In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulation and
consequent upon the grant of interim relief of 15% of the pay to the Himachal
Pradesh State Employees w.e.f. 01-01- 1986, the Governor, Himachal Pradesh is
pleased to order that Chairman and Members of the Commission shall be
entitled to this relief of 15% of the pay as prescribed under Regulations No.(5)
of the Himachal Pradesh Public Service Commission (Members) Regulations
subject to the following conditions-
1. Chairman / Members of the Commission who prior to their appointment
were in the service of the Government and who were appointed as such
after revision of pay-scale w.e.f. 01-01- 1986 shall not be entitled for the
grant of this relief.

Page 24 of 62
2. Those appointed as such before 01-01-1986 shall be entitled to the above
interim relief subject to the condition that the amount of interim relief
shall further be reduced by the amount of interim relief which might have
been taken into account in emoluments for purpose of fixation of pay
under Regulation 6, 7 and 8 of Himachal Pradesh Public Service
commission (Members) Regulations, 1974.
3. This order will be deemed to have come into force with effect from 01-
01-1986.
4. This issues with the concurrence of the Finance Department obtained vide
their U.O. No.1840-Fin(C)B/(7)-54/80 dated 09-12-1987.
Sd/-
Secretary (Personnel) to the
Government of Himachal Pradesh
----------
ORDER
Shimla-171 002, the 09th November, 1998
No.Per(AP-II)A(6)-1/98 - In pursuance of the provisions of Regulation 15 of the
H.P. Public Service Commission (Members) Regulations, 1974 and in
supersession of this Department order of even number dated
10thNovember,1987, the Governor of Himachal Pradesh is pleased to order that
the Chairman and Members of the Commission shall be entitled to the grant of
cash payment in lieu of unutilised earned leave due on the date of retirement as
Chairman and Member subject to a maximum of 300 days (including the period
for which the encashment was allowed at the time of retirement from the service
of the Government, a local body, a University, or any other body wholly or
substantially owned or controlled by the Government).
2. The Chairman and Members of the Commission shall also be entitled to
encash 10 days earned leave at the time of availing of L.T.C. subject to the
following conditions that:-
a) the total leave so en-cashed during the entire career (including the
period for which encashment was allowed for LTC during the
earlier service under Government, local body, University or any
other body wholly or substantially owned or controlled by the
Government does not exceed 60 days in the aggregate;

Page 25 of 62
 b) earned leave atleast an equivalent duration is also availed of
simultaneously by the employees ;
c) a balance of atleast 30 days of earned leave is still available to the
credit of employee after taking into account the period of
encashment as well as leave;
d) the period of leave encashed shall be deducted from the quantum of
leave that can be normally encashed by him at the time of
superannuation / termination of employment as mentioned in para-1
above.
3. The order in paragraph 1 above shall take effect from 01-01-1997 and
paragraph 2 shall take effect from 06thMay,1998.
4. This issue with the concurrence of the Finance Department obtained vide
their Diary No. Fin(C)B(15)-4/96 dated 23-10-1998.
Sd/-
Commr.-cum-Secretary (Personnel) to the
Government of Himachal Pradesh

-----
ORDER
Shimla-171 002, the 15th July, 2015
No.Per(AP-B)B(7)-2/2015 In supersession of this Department Order
No.Per(AP-II)A(30)-6/76-II dated 2nd September, 1987 and in pursuance of the
provisions of Regulation 15 of the Himachal Pradesh Public Service
Commission (Members) Regulations, 1974, the Governor, Himachal Pradesh, is
pleased to order that the Chairman of the Himachal Pradesh Public Service
Commission shall be entitled to sumptuary allowance at the rate of `5000/- (five
thousand) per month with prospective effect i.e. from the date of issue of this
order.
2. This is being issued with the prior concurrence of the Finance
Department obtained vide No.Fin(C)-B(7)-1/2013-53200307 dated the 14th July,
2015.
Sd/-
Additional Chief Secretary (Personnel) to the
Government of Himachal Pradesh
-----

Page 26 of 62
 ORDER
Shimla-171 002, the 12th August, 2015
No.Per(AP-B)B(7)-2/2015 In supersession of this Department Order
No.Per(AP-B)B(7)-2/2015 dated 15-07-2015 and in pursuance of the provisions
of Regulation 15 of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the Governor, Himachal Pradesh, is pleased to
order that the Chairman of the Himachal Pradesh Public Service Commission
shall be entitled to sumptuary allowance at the rate of `5000/- (five thousand)
only per month w.e.f. 06-12-2013 and the Members of the HPPSC shall be
entitled to sumptuary allowance at the rate of `3600/- (three thousand and six
hundred) w.e.f. 16-07-2015.
2. This issues with the prior concurrence of the Finance Department
obtained vide No.Fin(C)-B(7)-1/2013-53308241 dated 07-08-2015.
Sd/-
Additional Chief Secretary (Personnel) to the
Government of Himachal Pradesh

-----

ORDER
Shimla-171 002, the 19th December, 2015
No.Per(AP-B)B(7)-2/2015 In pursuance of the provisions of Regulation 15 of
the Himachal Pradesh Public Service Commission (Members) Regulations,
1974, the Governor, Himachal Pradesh is pleased to order that the Chairman of
the Himachal Pradesh Public Service Commission shall be entitled to sumptuary
allowance at the rate of `3600/- per month w.e.f. 04-07-2013 to 05-12-2013
subject to the deduction of amount already paid as sumptuary allowance during
the said above period.
2. This is being issued with the prior concurrence of the Finance
Department obtained on 19-12-2015.
Sd/-
Additional Chief Secretary (Personnel) to the
Government of Himachal Pradesh
-----

Page 27 of 62
 AMENDMENTS CARRIED OUT IN THE HIMACHAL PRADESH PUBLIC SERVICE
COMMISSION (MEMBERS) REGULATIONS, 1974 TILL 15-01-2018.

NOTIFICATION
No.Per(AP-II)-B(4)-2/81 Dated; Shimla-171 002; the 5th April, 1982
Clause (e) of Regulation (2) of the Himachal Pradesh Public Service Commission (Members)
Regulations, 1974 shall be substituted as under:-

―Total monthly emoluments last drawn means pay, special pay, specialist pay (in the case
of Army Officers), Non-Practicing allowance (in the case of Medical Officer),
honorarium, Dearness pay, Dearness allowance, Interim Relief, Project allowance,
Compensatory allowance, conveyance allowance and additional dearness allowance.‖
(6th Amendment)
-----
No.Karmik{Ni-II}Ka}3{6/76-II Dated; Shimla-171 002; the 26th November, 1984

For the existing Regulation 5 of the H.P. Public Service Commission (Members) Regulations,
1974, the following Regulation shall be substituted, namely:

―The Chairman shall receive pay at the rate of Rs.3000/- and each of the Members shall
receive a pay of Rs.2500/- per month.‖

In the existing Regulations 6, 7 & 9 of the H.P. Public Service Commission (Members)
Regulation, 1974, the words and figures of ―Rs.2750/- and Rs.2250/- wherever occur shall be
substituted by the words and figures ―Rs.3000/- and Rs.2500/-.‖
(7th Amendment)
-----
NOTIFICATION

No.Karmik{Ni-II}Ka}3{6/76-II Dated; Shimla-171 002; the 17th January, 1985

The existing Regulation No.3 of the H.P. Public Service Commission (Members) Regulations,
1974 shall be substituted as under:-

―Number of members:- The Commission shall consist of a Chairman and such number of
Members not exceeding three, as may be appointed by the Governor.‖

(8th Amendment)
-----
NOTIFICATION

No.PER(AP-II)A(3)6/76-II Dated; Shimla-171 002; the 13th September, 1985

In clause (e) of Regulation (2) of the H.P. Public Service Commission (Members)
Regulations, 1974, the words ‗Honorarium‘ appearing between the words ‗Non-Practicing

Page 28 of 62
allowance (In case of Medical Officers), and Dearness Pay‘ the words and sign, ‗Project
allowance‘, Compensatory allowance, Conveyance allowance‘, appearing between the words
‗Interim Relief‘ and Additional dearness allowance‘ shall be deleted.
(9th Amendment)
-----
NOTIFICATION

No.PER(AP-II)A(3) 6/76-II Dated; Shimla-171 002; the 6th February, 1986

―2. After Clause (e) regulation (2) of the H.P. Public Service Commission (Members)
Regulation, 1974, amended by this Government Notification of even number dated 12-
09-1985, the following proviso shall be inserted:-

―Provided that the amendment shall not apply to a person who was a member of H.P.
Public Service Commission on 12-09-1985.‖

(10th Amendment)
-----

NOTIFICATION

No.Karmik{Ni.-II}Ka}3}-6/76-II Dated; Shimla-171 002; the 10th November, 1987

―2. In clause (e) of Regulation 2 of the H.P. Public Service Commission (Members)
Regulations, 1974, after the words, ―Interim Relief‖‘, the words, ―Adhoc Dearness
allowance‖, shall be inserted.‖
(11th Amendment)
-----

NOTIFICATION

No.PER{Ni.-II}Ka}3}-6/76-II Dated; Shimla-171 002; the 17th December, 1983

For the existing Regulations 6, 8 (2) & 9 of the H.P. Public Service Commission (Members)
Regulations, 1974, the following Regulations 6, 8 (2) & 9 shall be substituted, namely;

―6. If the Chairman or a Member, at the time of appointment as such is a person retired
from service under the Govt., a local body, a University or any other body wholly or
substantially owned or controlled by the Government, he will draw pay as prescribed
in Regulation No.5 or such total monthly emoluments as last drawn, reduced in both
cases by the amount of pension (excluding pension equivalent to DCRG). He will
however draw full amount of pension in addition.

8 (2). If such a person elects to draw pension for the service rendered by him under the
Government prior to his appointment on the Commission, his pay as Chairman or a
Member shall be fixed in the manner as prescribed in Regulation No.6 ibid.

Page 29 of 62
 9. If the Chairman or Member at the time of appointment as such, is serving under a
local body, a University or any other body wholly or substantially owned or
controlled by the Government, his pay shall be fixed in the following manner:

If drawing pension from such body, he will be entitled to draw pay as prescribed
in Regulation No.5 or total monthly emoluments as last drawn, reduced in both
cases by the amount of pension (excluding pension equivalent to DCRG).

Provided further that if no pension has been drawn from such body, he shall be
entitled to draw pay as prescribed in Regulation No.5 or the total monthly
emoluments last drawn in the service of such corporation / Board etc., which-
ever is higher.‖
(12th Amendment)
-----
NOTIFICATION

No.PER{Ni.-II}Ka}3}-6/76-III Dated; Shimla-171 002; the 8th November, 1989

The existing Regulation No.13 of the H.P. Public Service Commission (Members)
Regulations, 1974 shall be substituted and shall always be deemed to have been substituted
w.e.f. 01-05-1989, as under:-

―Travelling Allowance:

(1) A member of the Commission, for joining his office including the taking of
oath and for travelling on duty, shall be entitled to Travelling Allowance
and mileage allowance at the rates admissible to an officer of Gd. I of the
State Govt. A Member, for joining his office including taking oath, shall
also be entitled to TA / mileage allowance for members of his family and
for transportation of personal effects at the rate / scale admissible to Grade-
I officer.

(2) A Member, who on the date of his appointment was in the service of any
Govt. in India, shall be entitled to travelling allowance as on transfer.‖

(13th Amendment)
-----
NOTIFICATION

No.Karmik{Ni-II}-Ka{3}-2/76-II Dated; Shimla-171002; the 22nd December, 1990

For the existing Regulation 5 of the HP Public Service Public Service Commission
(Members) Regulations, 1974, the following Regulation shall be substituted, namely:

―The Chairman shall receive pay in the pay scale of Rs.7300-100-7600 and other
Members in the pay scale of Rs.5900-200-6700 and in addition thereto they shall

Page 30 of 62
 also be entitled to get such other allowances as may be admissible from time to
time to Government employees getting similar pay.

In the existing Regulations 6, 7 & 9 of the H.P. Public Service Commission

(Members) Regulation 1974, the words and figures of Rs.3000/- and Rs.2500/-
wherever actual shall be substituted by the words and figures Rs.7300/- &
Rs.5000/-.‖

(14th Amendment)
-----

NOTIFICATION

No.Per(AP.II) A (3}-1/77 Dated; Shimla-171 002; the 21st September, 1998

2. For clause (e) of Regulation 2 of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974 (hereinafter referred to as the said regulations) the
following shall be substituted, namely;

―(e) – The Total Monthly Emoluments means ―emolument‖ as defined by the

Government from time to time.‖

3. For regulations 5, 6, 7 and 9 of the said regulations, the following shall respectively be
substituted, namely-

5– The Chairman and Members appointed to Commission shall receive pay and
allowances as admissible to the Financial Commissioner and Commissioners
respectively under the State Government from time to time.

6– If the Chairman or a Member, at the time of appointment as such is a person

retired from Government, a Local Body, a University or any other body wholly
or substantially owned or controlled by the Government he will be entitled to
get such total monthly emoluments as last drawn, reduced by the amount of
pension, if any, (excluding pension equivalent to DCRG). He will however,
draw full amount of pension, if any in addition.

Note:- The pay scales of the present incumbent of the posts will be protected.

7– If the Chairman or Member of the Commission, at the time of appointment as

such is a person serving under any Govt. he shall henceforth ceases to be in the
service of the Government and shall be entitled to draw pay subject to
provision of paragraph 2 & 3 of Regulation 8 below:

Provided that the amount of pension if already determined on

the basis of option given under Regulation 8 (1) shall be revised on the
basis of the emoluments last drawn by him on attaining the age of actual
superannuation.

Page 31 of 62
 9 (1) –If the Chairman or a Member at the time of appointment, as such, is serving
under Local Body, a University or any other Body wholly or substantially
owned or controlled by the Government his pay shall be fixed in the following
manners. If drawing pension from such body, he will be entitled to draw total
monthly emoluments as last drawn, reduced by the amount of pension
(excluding pension equivalent to DCRG);

Provided that if no pension has been drawn from such body, he shall be
entitled to draw the total monthly emoluments last drawn in the service of such
Corporation / Board etc.

(2) Notwithstanding anything contained in these regulations, the sitting Chairman

and Members as on 31-07-1998 shall be entitled to receive the pay scales of
Rs.22400-525-24500 and Rs.18400-500-22400 respectively on Central pattern
subject to the condition that the pay plus gross pension shall not exceed
Rs.26,000/- per month.

(16th Amendment)
-----

NOTIFICATION

No.PER(AP-II)A(6)-1/98 Dated; Shimla-171 002; the 28th February, 2002

In the Schedule attached to the H.P. Public Service Commission (Members) Regulations,
1974, the existing Regulation 9 (2) shall be substituted as under:-

―Notwithstanding anything contained in these regulations the pay and drawl of

increment in respect of re-employed pensioners appointed to the post of Chairman /
Member of H.P. Public Service Commission shall be fixed and drawn in accordance
with provisions of H.P. State Civil Services (Fixation of pay of re-employed
pensioner) Orders, 1988 issued by the Finance (Regulations) Deptt. vide O.M.
No.Fin (C)B(7)-10/84 dated 01-12-1988 as amended from time to time.‖

(17th Amendment)
-----

NOTIFICATION

No.PER(AP-II)A(6)-1/98 Dated; Shimla-171 002;the 16th September, 2002

For existing paras (A) & (B) of Appendix ‗A‘ read with Regulation-4 of H.P. Public Service
Commission (Members) Regulations, 1974, the following shall be substituted, namely:-

―The oath to the Chairman / Members of the H.P. Public Service Commission will be
administered by the Governor in person in the presence of the Chief Secretary
provided that in case the Governor is not in a position to administer such oath due to
any reasons whatsoever the oath to the Chairman will be administered by the senior

Page 32 of 62
 most member of the H.P. Public Service Commission available and that to a member
by the Chairman or in his absence by the senior most member in the presence of the
Chief Secretary.‖

(18th Amendment)
-----

NOTIFICATION

No.Per(AP.II)A(6)-1/98 Dated; Shimla-171 002; the 23rd September, 2003

―In Regulation 3 of the Himachal Pradesh Public Service Commission (Members)

Regulation, 1974, for the word ―Three‖, the word ―Four‖ shall be substituted.‖

(19th Amendment)
-----

NOTIFICATION

No.Per(AP-B)A(6)-1/98 Dated; Shimla-171 002; the 12th March, 2004

After the existing Regulation-11 of Himachal Pradesh Public Service Commission (Members)
Regulations, 1974, the following new Regulation shall be inserted, namely:-

―11-A:- The Chairman or a Member, who at the date of his appointment as such was
not in the service of the Central Government or a State Government, a local
authority, a University, a privately managed recognized school or affiliated
college or any other body wholly or substantially owned or controlled by the
Government of Himachal Pradesh shall on his ceasing to hold office as
Chairman or Member be paid a pension for his life at the rate of Rs.300/-
(Rupees three hundred) per month in the case of Chairman and Rs.250/-
(Rupees two hundred and fifty) per month in the case of Member for each
completed year of service as Chairman or Member, as the case may be, subject
to a maximum of Rs.1800/- (Rupees one thousand & eight hundred) only per
month in the case of Chairman and Rs.1500/- (Rupees one thousand five
hundred) per month in the case of Member.‖

(20th Amendment)
-----

NOTIFICATION

No.Per(AP.-II)A(6)-1/98 Dated; Shimla-171 002; the 28th September, 2005

In Regulation 3 of the Himachal Pradesh Public Service Commission (Members) Regulations,

1974, for the word ―Four‖ the word ―Three‖ shall be substituted.

(21st Amendment)

Page 33 of 62
 NOTIFICATION

No.Per(AP-B)B(2)-1/2005 Dated; Shimla-171 002; the 06th August, 2007

For the existing Regulation 9 (2) of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the following shall be substituted namely:-

―Notwithstanding anything contained in these regulations the Chairman / Member of

H.P. Public Service Commission shall be entitled to the pay scale of Rs.22400-500-
24500 and Rs.18400-500-22400 respectively.

Provided that if the Chairman or Member, at the time of appointment as such is

person retired from Government, a local Body, a University or any other Body
wholly or substantially owned or controlled by the Government and was drawing pay
more than the maximum of the pay scales of Chairman and Member in that case the
last pay drawn by them shall be taken into consideration for fixation of pay subject to
the condition that pay plus gross pension shall not exceed Rs.26000/- per month.‖

(22nd Amendment)
-----

NOTIFICATION

No.Per(AP-B)A(3)-11/2013 Dated; Shimla-171 002; the 5th December, 2013

For the existing Regulation 5 of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the following shall be substituted namely:-

―5. The Chairman and Members appointed to Commission shall receive pay and
allowances as admissible to the Chief Secretary and the Secretary respectively
under the State Government from time to time.‖

For the existing Regulation 9 (2) of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the following shall be substituted namely:-

―2. Notwithstanding anything contained in these regulations the Chairman of H.P.

Public Service Commission shall be entitled to receive a fixed basic pay of
`80,000/- plus other admissible allowances at par with the Chief Secretary and
Members of the Commission shall be entitled to the pay scale of `37,400-67,000 +
`10,000 Grade Pay.

Provided that if the Chairman or a Member, at the time of appointment as

such is a person retired from Government, a local Body, a University or any other
Body wholly or substantially owned or controlled by the Government and was
drawing pay more than the maximum of the pay scales of Chairman and Members
in that case the last pay drawn by him shall be taken into consideration for fixation
of pay subject to the condition that pay plus gross pension shall not exceed
`80,000/- per month.‖

Page 34 of 62
 (23rd Amendment)
-----

NOTIFICATION

No.Per(AP-B)A(3)-11/2013 Dated; Shimla-171 002; the 15th July, 2015

For the existing Regulation 5 of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the following shall be substituted namely:-

―5. The Chairman and Members appointed to Commission shall receive pay and
allowances as admissible to the Chief Secretary and Principal Secretary
respectively under the State Government from time to time.‖

For the existing Regulation 9 (2) of the Himachal Pradesh Public Service Commission
(Members) Regulations, 1974, the following shall be substituted namely:-

―2. Notwithstanding anything contained in these regulations the Chairman of H.P.

Public Service Commission shall be entitled to receive a fixed basic pay of
`80,000/- plus other admissible allowances at par with the Chief Secretary and
Members of the Commission shall be entitled to the pay scale of `67,000-79,000
(No Grade Pay):

Provided that if the Chairman or a Member, at the time of appointment as

such is a person retired from Government, a local Body, a University or any other
Body wholly or substantially owned or controlled by the Government and was
drawing pay more than the maximum of the pay scales of Chairman and Members
in that case the last pay drawn by them shall be taken into consideration for fixation
of pay subject to the condition that pay plus gross pension shall not exceed
`80,000/- per month.‖

(24th Amendment)

-----

NOTIFICATION

No.Per(AP-B)A(3)-11/2013 Dated; Shimla-171 002; the 30th April, 2016

For the existing regulation 5 of the Himachal Pradesh Public Service Commission (Members)
(hereinafter referred to as the ‗said regulations‘) the following shall be substituted, namely:

―5. The Chairman appointed to the parity with the Chief Secretary and Members shall
have parity with Principal Secretary to the State Government only in respect of pay
scales:

Page 35 of 62
 Provided that there shall be no parity in respect of Secretariat pay or other
allowances payable to the Chief Secretary or to the Principal Secretary.

Provided further that the allowances already admissible to the Chairman and
Members holding the post prior to coming into force of these regulations shall not be
withdrawn or reduced.‖

For the existing regulation 9 (2) of the following shall be substituted, namely:

―(2). Notwithstanding anything contained in these regulations the Chairman of the

Commission shall be entitled to receive a fixed basic pay of `80,000/- and Members
of the Commission shall be entitled to the pay scale of `67,000-79,000 (No Grade
Pay);

Provided that the Chairman and the Members of the Commission holding the
post prior to the coming into force of these regulations shall be eligible to draw the
allowances payable to the Chief Secretary and Principal Secretary, respectively;

Provided further that if the Chairman or a Member, at the time of appointment

as such is a person retired from Government, a local Body, a University or any other
Body wholly or substantially owned or controlled by the Government and was
drawing pay more than the maximum of the pay scales of Chairman and Member, in
that case the last pay drawn by them shall be taken into consideration for fixation of
pay subject to the condition that pay plus gross pension shall not exceed `80,000/-
per month.‖
(25th Amendment)
-----

NOTIFICATION

No.Per(AP.B)A(6)-1/2018 Dated; Shimla-171 002; the 15th January, 2018

In Regulation 3 of the Himachal Pradesh Public Service Commission (Members) Regulations,

1974, for the word ―three‖ the word ―five‖ shall be substituted.

(26th Amendment)

-----

Page 36 of 62
 THE HIMACHAL PRADESH PUBLIC SERVICE COMMISSION
(EXEMPTION FROM CONSULTATION) REGULATIONS, 1973
NOTIFICATION
Shimla-171 002, the 20th September, 1973
No.2-6/71-DP(Apptt.-II) - In exercise of the powers conferred by the proviso of
clause (3) of Article 320 of the Constitution of India, the Governor of Himachal
Pradesh makes the following Regulations, namely:-
1. (A) These Regulations may be called the Himachal Pradesh Public Service
Commission (Exemption from Consultation) Regulations, 1973.
(B) These Regulations shall come into force with immediate effect.
2. In these Regulations, unless the context otherwise require:-
(a) ‗Commission‘ means the Himachal Pradesh Public Service
Commission,
(b) ‗Constitution‘ means the Constitution of India,
(c) ‗Governor‘ means the Governor of the State of Himachal Pradesh.
3. It shall not be necessary to consult the Commission in regard to any of the
matters mentioned in sub-clause (a) and (b) of clause (3) of Article 320 of
the Constitution in the case of services and posts specified in the Schedule
to these Regulations.
Provided that it shall not be necessary for the Commission to be
consulted in regard to promotion or transfer to a post other than those
mentioned in the Schedule, if the promotion or transfer takes place in the
same class and in the same Department.
4. It shall not be necessary to consult the Commission in respects of any of the
matters mentioned in sub-clause (a) to (e) of clause (3) of Article 320 of the
Constitution in the case of officers of the Armed Forces of the Union
holding posts in connection with the affairs of the State of Himachal
Pradesh.
5. It shall not be necessary to consult the Commission on the suitability of
candidates for:-
a) appointment to a temporary post for a period not exceeding six
months;
b) appointment to a permanent post of a person temporarily for a period
not exceeding six months if owing to an emergency having arisen, it is
necessary in the public interest to fill the vacancy immediately and

Page 37 of 62
 there is likely to be undue delay in making the appointment after
consultation with the Commission.
c) Promotion to non-selection posts.
6. It shall not be necessary to consult the Commission in regard to any of the
matters mentioned in sub-clauses (a) to (e) of clause (3) of Article 320 of
the Constitution in respect of Members of All India Services.
7. It shall not be necessary to consult the Commission for appointment of:-
a) an I.A.S. Officer or a Member of the State Civil Service on the select list
prepared and maintained under the Indian Administrative Service
(Appointment by Promotion) Regulations, 1955, to an ex-cadre post.
b) an H.A.S. Officer to an ex-cadre post;
Explanation:
i) For the purpose of Regulation 7 (a) an ex-cadre post shall mean a
temporary post created in any scale of the I.A.S. outside the I.A.S. cadre.
ii) For purpose of Regulation 7 (b), an ex-cadre post shall mean a
temporary post created in either the time scale of the selection grade of
H.A.S. outside the H.A.S. cadre.
8. It shall not be necessary to consult the Commission in regard to
confirmation of a Government servant in any Post or service.
9. It shall not be necessary to consult the Commission in regard to the making
of any order in any disciplinary case other than:
(a) An original order by the Governor imposing any of the following
penalties:-
i) withholding of increments with cumulative effect;
ii) reduction to a lower service, grade or post or to a time scale or to a
lower stage in time scale;
iii) compulsory retirement;
iv) removal from service ; and
v) dismissal from service.
(b) An order by the Governor on an appeal against an order imposing any
of the penalties mentioned at (a) above.

Page 38 of 62
 (c) An order by the Governor imposing any of penalties mentioned at (a)
above, in exercise of his power of review and in modification of an
order under which none of the said penalties has been imposed; and
(d) An order by the Governor over-ruling or modifying after consideration
of any petition or memorial or otherwise an order imposing any of the
penalties mentioned at (a) above made by the Governor or by a sub-
ordinate authority.
10. Nothing contained in Regulation 9 shall be deemed to make it necessary for
the Government to consult the Commission in any case 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.
11. The Himachal Pradesh Public Service Commission (Exemption from
Consultation) Regulations, 1971, as amended from time to time i.e. upto
31st October, 2017) are hereby repealed.
----------
SCHEDULE
(See Regulation 3)
1. Posts in respect of which the authority to appoint is specifically conferred
on the President of India or on the Governor of Himachal Pradesh by the
Constitution.
2. Posts of Chairman or Members of any Board, Tribunal, Commission or
other similar body created by or under the provisions of a Statute.
3. Posts of Chairman or Member of any Board, Tribunal, Commission,
Committee or other similar body created or appointed by or under the
authority of a Resolution of the House of Legislature or by a resolution of
Government for the purpose of conducting any investigation or enquiry into
or advising Government, on specified matters.
4. Posts on the personal staff attached to the holders of the posts mentioned in
items 1 to 3 above.
5. Posts in the Secretariat of the Vidhan Sabha.
6. Posts of officers and servants of the High Court till Rules are issued by the
Governor under Article 229 of the Constitution.

Page 39 of 62
7. Any post which is not a whole time post.
8. (i) Process of selection and recommendations for making recruitment to
all Class-III posts (except to the posts of Post Graduate Teacher
(School Cadre-all subjects), Excise & Taxation Inspector, Cooperative
Inspector, Food & Civil Supplies Inspector, Police Inspector, Election
Kanungo, Extension Officer (Industries), Inspector (Weight &
Measures), Inspector (Panchayats), Mukhya Sevika &
Physiotherapist).
(ii) All Class-IV posts.
(iii) Posts of Comptroller Governor‘s Household Class-1.
(iv) All posts under the Himachal Pradesh Administrative Tribunal.
(v) 50% posts of direct recruitment of Horticulture Department Officer
(Class-I-Gazetted) recruitment to which is made on batch-wise basis.
(vi) 50% posts of direct recruitment of Planning Officer of Town and
Country Planning
10. All Executive posts up to rank of Inspector in the Police Department when
filled in by promotion.
11. Appointment of staff with requisite qualifications who have been in-service
for one year or more in the non-governmental institutions already taken
over or to be taken over in future by the Educational Department.
12. Any service or post or class of posts in respect of which the Commission
has agreed that it shall not be necessary for it to be consulted.
13. 50% posts of direct recruitment of Teachers, Engineers and Doctors in
Health & Family Welfare (except the posts of Medical Officers (Dental)),
Ayurveda and Animal Husbandry Departments, Himachal Pradesh (Class- I
and II) recruitment to which is made on batch wise basis.

*****

Page 40 of 62
 DETAIL OF AMENDMENTS CARRIED OUT FROM TIME TO TIME IN
THE H.P.P.S.C. (EXEMPTION FROM CONSULTATION) REGULATIONS,
1973.
NOTIFICATION

No.Per(AP-II)-A(3)-1/77 Dated; Shimla-171 002; the 28th February, 1981

In the existing Schedule attached to the Himachal Pradesh Public Service Commission
(Exemption from Consultation) Regulations, 1973, the following shall be added as Serial
No.12 and the existing serial No.12 shall be re-numbered as serial No.13:-

―12- Post of Assistant Public Prosecutor in the Directorate of Prosecution, Himachal

Pradesh.‖
(1st Amendment)
*****
NOTIFICATION
No.Per(AP-II)-A(3)-1/77 Dated; Shimla-171 002; the 23rd December, 1981

In SCHEDULE attached to the Himachal Pradesh Public Service Commission (Exemption

from Consultation) Regulations, 1973, the existing provision against item No.8 shall be
substituted by the following:-

―Class-III and IV posts.‖

(2nd Amendment)
*****
NOTIFICATION

No.Per(AP-II)-A(3)-1/77 Dated; Shimla-171 002; the 4th February, 1984

In the Schedule attached to the H. P. Public Service Commission (Exemption from

Consultation) Regulations, 1973, the existing item No.8 shall be substituted as under:-

―(i) Posts of Drivers, Patwaris, Constables, Pharmacists, Forest Guards, Staff

Nurses and Midwives;
(ii) 50% Class-III posts recruitment to which is made on batch-wise basis (e.g.
J.B.T. teachers & Trained Graduates in Education Department and Junior
Engineers in PWD).
(iii) Appointment to Class-III posts of wards of Government servants who die in
harness.
(iv) Promotions to Class-III posts.
(v) Class-IV posts.

2. Deletion of Item No.12 of the schedule.

Page 41 of 62
 The existing Item No.12 of the Schedule attached to the H.P. Public Service
Commission (Exemption from Consultation) Regulations, 1973, shall be
deleted and after doing so, the existing Item No.13 shall be re-numbered as
Item No.12.‖
(3rd Amendment)
*****
NOTIFICATION

No.Per(AP-II)-A(3)-1/77-II Dated; Shimla-171 002; the 28th April, 1984

In the Schedule attached to the H. P. Public Service Commission (Exemption from

Consultation) Regulations, 1973, following sub-Items (vi) to (vii) be added:

―(vi) Class-III posts for which minimum educational qualification prescribed is

under matric;
(vii) Class-III posts / services where the recruitment is to be made against reserved
vacancies for ex-servicemen and physically handicapped persons.‖
(4th Amendment)
*****

NOTIFICATION

No.1-13/73-D-P-AP-II Dated; Shimla-171 002; the 14th November, 1984

In regulation No.5 (b) of the H.P. Public Service Commission (Exemption from Consultation)
Regulations, 1973, for the sign ―,‖ occurring as at the end, the sign ―,‖ shall be substituted and
thereafter following sub regulation (c) shall be inserted namely:- ―(c) Promotion to Non
selection post where the post is also defined in recruitment & promotion rules governing the
said post irrespective of the Class or Category of the post.‖

(6th Amendment)
*****

NOTIFICATION

No.PER(AP-II)A(3)-1/77-III Dated; Shimla-171 002; the 13th September, 1985

In the schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973, shall be substituted as under:-

―In Item No.8 (1) the category of ‗Female Health Worker‘ shall be substituted by the
category ‗Male / Female Health Worker‘.
(7th Amendment)
*****

Page 42 of 62
 NOTIFICATION

No.PER(AP-II)A(3)-1/77-III Dated; Shimla-171 002; the 13th September, 1985

In the schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973, shall be substituted as under:-

―In Item No.8 (1) the category of ‗Female Health Worker‘ shall be substituted by the
category ‗Male / Female Health Worker‘.
(7th Amendment)
*****

NOTIFICATION

No.PER{Ni.-II}{A}3}-1/77-III Dated; Shimla-171 002; the 03rd December, 1986

In the item No.8 (i) of the schedule attached to the H.P. Public Service Commission
(Exemption from Consultation) Regulations, 1973:-

(a) For the word ‗Pharmacist‘, the words & sign ‗Pharmacists / Veterinary Pharmacists
/ Compounders of any Government Department‖ ix Post of Controller (House hold)
Class-I in the personal staff of the Governor, H.P.‖
(b) In the end, for the sign ―.‖, the words & sign, ‗and Fireman‘ shall be substituted.
(9th Amendment)
*****
NOTIFICATION

No.PER{Ni.-II}{A}3}-1/77-III Dated; Shimla-171 002; the 06-02-1987

In the schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973 the following sub item (ix) shall be added below Sr. No.8:-

―ix - Post of Controller (House hold) Class-I in the personal staff of the Governor,
H.P.‖
(10th Amendment)
*****

NOTIFICATION

No.PER{Ni.-II}A}3}-1/77-III Dated; Shimla-171 002; the 19th September, 1987

In the schedule to the H.P. Public Service Commission (Exemption from Consultation)
Regulations, 1973:-

Page 43 of 62
 ―x) All posts under the Himachal Pradesh Administrative Tribunal.
xi) 37½% posts of Ayurvedic Chikitsa Adhikaries (Gazetted Class-II) recruitment
to which is made on batch wise basis.‖
(11th Amendment)
*****
NOTIFICATION

No.PER{Ni.-II}A}3}-1/77-III Dated; Shimla-171 002; the 10th May, 1988

For the existing item No.8 (ix) of the schedule attached to the H.P. Public Service
Commission (Exemption from Consultation) Regulations, 1973, the following shall be
substituted namely:-

―ix) Post of Comptroller Governor‘s House hold (Class-I).‖

(12th Amendment)
*****

NOTIFICATION

No.PER{Ni.-II}A}3}-1/77-III Dated; Shimla-171 002; the 21st November, 1988

In item No.8 (ii) of the schedule attached to the H.P. Public Service Commission (Exemption
from Consultation) Regulations, 1973:-

― the existing words ‗JBT Teachers and‘ occurring in brackets shall be deleted.‖
(13th Amendment)
*****

NOTIFICATION

No.PER{Ni.-II}A}3}-1/77-III Dated; Shimla-171 002; the 31st March, 1989

In item No.8 (vii) of the schedule attached to the Himachal Pradesh Public Service
Commission (Exemption from Consultation) Regulations, 1973, for the word ―Ex-
servicemen‖, the words ―Ex-servicemen including one dependent of the Defence Service
Personnel killed in action or disabled in action and rendered unfit for civil employment‖ shall
be substituted.

(14th Amendment)
*****

NOTIFICATION

No.PER{Ni.-II}A}-3}-1/77-III Dated; Shimla-171 002; the 23rd February, 1991

Page 44 of 62
After sub item (xi) of the Schedule attached to the H.P. Public Service Commission
(Exemption from Consultation) Regulations, 1973 the following sub-item (xii) of item No.8
shall be added, namely:-

― Recruitment of Junior Basic Trained Teacher in Education Deptt. to be made on

merit and batchwise basis.‖
(15th Amendment)
*****
NOTIFICATION

No.PER{AP-II}A}-3}-1/77-IV Dated; Shimla-171 002; the 6th October, 1998

In the Schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973, the existing item No.8 shall be substituted as under:-

―(i) All Class-III posts.

(ii) All Class-IV posts. ‖
(17th Amendment)
*****
NOTIFICATION

No.PER{AP-II}A}-3}-1/77-V Dated; Shimla-171 002; the 18th December, 1998

In the Schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973, the existing item No.8 the following {iii) has been including
after {ii) as under:-

―iii 50% posts of direct recruitment of Horticulture Development Officer, Class-I

(Gazetted) recruitment to which is made on batch-wise basis.‖
(18th Amendment)
*****
NOTIFICATION
No.PER(AP.II)A(3)-1/77-IV Dated; Shimla-171 002; the 16th January, 1999

In the Schedule attached to the H.P. Public Service Commission (Exemption from
Consultation) Regulations, 1973, the existing item No.8 (i) shall be substituted by the
following, namely:-
―Process of selection and recommendations for making Recruitment to all Class-III posts.‖
(19th Amendment)

*****

Page 45 of 62
 NOTIFICATION

No.PER(AP-II)A(3)-1/77-IV Dated; Shimla-171 002; the 30th July, 1999

After sub-item iii of item 8 of the Schedule to the Himachal Pradesh Public Service
Commission (Exemption from Consultation) Regulations, 1973, the following sub-item (iv)
shall be added namely:-

―(iv) 50% posts of direct recruitment of Unani Chikitsa Adhikari and Homeopathic
Doctor of Ayurveda Department, Himachal Pradesh Class-II (Gazetted) and
Planning Officer of Town & Country Planning Department, Himachal Pradesh
Class-II (Gazetted) recruitment to which is made on batchwise basis.‖
(20th Amendment)

NOTIFICATION

No.PER(AP.B)A(3)-7/2003 Dated; Shimla-171 002; the 01st September, 2003

In the Schedule attached to the Himachal Pradesh Public Service Commission (Exemption
from Consultation) Regulations, 1973, the existing item No.8 (i) the following shall be
substituted, namely:-

―Process of selection and recommendations for making Recruitment to all Class-III

posts; excepting those having the time scale, starting from Rs.5000/- and above.‖
(21st Amendment)
*****

NOTIFICATION

No.PER(AP.B)A(3)-7/2003 Dated; Shimla-171 002; the 02nd June, 2004

In the Schedule attached to the Himachal Pradesh Public Service Commission (Exemption
from Consultation) Regulations, 1973, for the existing item No.8 (i) the following shall be
substituted, namely:-

―Process of selection and recommendations for making Recruitment to all Class-III posts.‖
(22nd Amendment)
*****
NOTIFICATION

No.PER(AP-B)A(3)-7/2003 Dated; Shimla-171 002; the 30th July, 2005

The Himachal Pradesh Public Service Commission (Exemption from consultation

Regulations, 1973 the following shall be added in the schedule:-

Page 46 of 62
 SCHEDULE
(See Regulation 3)

1. Posts in respect of which the authority to appoint is specifically conferred on the

President of India or on the Governor of Himachal Pradesh by the Constitution.
2. Posts of Chairman of Members of any Board, Tribunal, Commission or other similar
body created by or under the provisions of a Statute.
3. Posts of Chairman or Member or any Board, Tribunal, Commission, Committee or other
similar body created or appointed by or under the authority or a Resolution of the House
of Legislature or by resolution of Government for the purpose of conducting any
investigation or enquiry into or advising Government, on specified matters.
4. Post of the personal staff attached to the holder of the posts mentioned in item No.1 to 3
above.
5. Posts in the Secretariat of the Vidhan Sabha.
6. Posts of officers and servants of the High Court till rules are issued by the Governor
under Article 229 of the Constitution.
7. Any post which is not a whole time post.
8. (i) Process of selection and recommendations for making recruitment to all Class-III
posts.
(ii) All Class-IV posts.
(iii) Posts of Comptroller Governor‘s Household Class-I.
(iv) All posts under the Himachal Pradesh Administrative Tribunal.
(v) 50% posts of direct recruitment of Horticulture Development Officer (Class-I-
Gazetted) recruitment to which is made on batch-wise basis.
(vi) 50% posts of direct recruitment of Planning Officer of Town and Country Planning
Department, Himachal Pradesh (Class-II-Gazetted) recruitment to which is made on
batch-wise basis.
9. Work-charged staff.
10. All Executive posts upto the rank of Inspector in the Police Department when filled in
by promotion.
11. Appointment of staff with requisite qualifications who have been in service for one year
or more in the non-governmental institutions already taken over or to be taken over in
future by the educational Department.
12. Any service or post or class of posts in respect of which the Commission has agreed that
it shall not be necessary for it to be consulted.‖
(23rd Amendment)
*****
NOTIFICATION

No.Per(AP-B)A(3)-7/2003 Dated; Shimla-171 002; the 31st July, 2006

Page 47 of 62
After existing Item No.12 of the schedule attached to the Himachal Pradesh Public Service
Commission (Exemption from Consultation) Regulations, 1973, the new item No.13 shall be
inserted, namely:-

―13. All Class-I & II posts appointments to which are to be made on contract basis.‖

(24th Amendment)
*****

NOTIFICATION

No.Per(AP-B)A(3)-7/2003 Dated; Shimla-171 002; the 19th August, 2006

In the Schedule attached to the Himachal Pradesh Public Service Commission (Exemption
from Consultation) Regulations, 1973, the existing item No.13 shall be deleted.
(25th Amendment)
*****

NOTIFICATION

No.Per(AP-B)A(3)-7/2003 Dated; Shimla-171 002; the 10th September, 2008

After existing Item No.12 of the schedule attached to the Himachal Pradesh Public Service
Commission (Exemption from Consultation) Regulations, 1973, the following new item
No.13 shall be inserted, namely:-

―13. 50% posts of direct recruitment of Teachers, Engineers and Doctors in Health &
Family Welfare, Ayurveda & Animal Husbandry Departments, Himachal Pradesh,
(Class-I & II) recruitment to which is made on batch wise basis.‖
(26th Amendment)
*****

NOTIFICATION

No.Per(AP-B)(A)(3)-2/2014 Dated; Shimla-171 002; the 10th February, 2014

In SCHEDULE attached to the Himachal Pradesh Public Service Commission (Exemption

from Consultation) Regulations, 1973, for the existing item No.8 (i) the following shall be
substituted, namely:-

―8(i) Process of selection and recommendations for making recruitment to all Class-III
posts except the posts of Post Graduate Teachers (School cadre, all subjects), Excise
& Taxation Inspectors, Cooperative Inspectors, Food &, Civil Supplies Inspectors,
Police Inspectors, Election Kanungo, Extension Officers (Industries) and Inspectors
(Weight & Measures).‖

Page 48 of 62
 (27th Amendment)
*****

NOTIFICATION

No.Per(AP-B)(A)(3)-2/2014 Dated; Shimla-171 002; the 13th November, 2014

In SCHEDULE attached to the Himachal Pradesh Public Service Commission (Exemption

from Consultation) Regulations, 1973, for the existing item No.8 (i) the following shall be
substituted, namely:-

―8 (i) Post Graduate Teachers (School Cadre–all subjects), Excise & Taxation
Inspectors, Co-operative Inspectors, Food & Civil Supplies Inspectors, Police
Inspectors, Election Kanungo, Extension Officers (Industries), Inspectors (Weight
& Measures), Inspectors (Panchayat), Mukhya Sevikas & Drug Inspectors‖
(28th Amendment)
*****
NOTIFICATION
No.Per(AP-B)A(3)-2/20I4 Dated; Shimla-171 002; the 10th February, 2015

In SCHEDULE attached to the Himachal Pradesh Public Service Commission (Exemption

from Consultation) Regulations, 1973, for the existing item No.13 the following shall be
substituted, namely:-

"13. 50% posts of direct recruitment of Teachers, Engineers and Doctors in Health &
Family Welfare (except the posts of Medical Officers (Dental)), Ayurveda and
Animal Husbandry Departments, Himachal Pradesh (Class- I and II) recruitment to
which is made on batch wise basis."
(29th Amendment)
*****
NOTIFICATION
No.Per(AP-B)A(3)-2/20I4 Dated; Shimla-171 002; the 19th May, 2017
In SCHEDULE attached to the Himachal Pradesh Public Service Commission (Exemption
from Consultation) Regulations, 1973, for the existing item No.8 (i) the following shall be
substituted, namely:-

"8(i) Process of selection and recommendations making recruitment to all Class-III posts,
except the posts of Post Graduate Teachers (School cadre-all subjects), Excise &
Taxation Inspectors, Cooperative Inspectors, Food & Civil Supplies Inspectors,
Police Inspectors, Election Kanungo, Extension Officers (Industries), Inspectors
(Weight and Measures), Inspector (Panchayats), Mukhya Sevikas, Drug Inspector
and Physiotherapist."
(30th Amendment)

Page 49 of 62
 HIMACHAL PRADESH PUBLIC SERVICE COMMISSION (STAFF)
REGULATIONS, 1971
NOTIFICATION

Shimla–171 002, the 07th September, 1971

No.7-20/71-DP (APPTT.)- In exercise of the powers conferred by clause (b) of

Article 318 of the Constitution, the Governor of Himachal Pradesh is pleased to
make the following Regulations, namely :-
1. Short title and commencement:
(1) These Regulations may be called the Himachal Pradesh Public
Service Commission (Staff) Regulations, 1971.
(2) They shall be deemed to come into force from the 25thApril, 1971.
2. Definitions: Unless otherwise provided in these Regulations
a) ―Governor‖ means the Governor of Himachal Pradesh.
b) ―Chairman‖ means the Chairman of the Himachal Pradesh Public
Service Commission.
c) ―Commission‖ means the Himachal Pradesh Public Service
Commission.
d) ―Secretary‖ means the Secretary to Himachal Pradesh Public
Service Commission.
e) ―Government‖ means the Government of Himachal Pradesh.
3. Details of officers and staff: The staff of the Himachal Pradesh Public
Service Commission shall consist of a Secretary and such number of other
officers and employees as the Governor may, from time to time, determine.
4. (1) The Secretary shall be a member of the Indian Administrative Service
and shall be appointed by the Governor in Consultation with the
Commission.
(2) The Secretary shall be subject to the same conditions of service of
Special Secretary / Additional Secretary / Joint Secretary or the
Deputy Secretary to the Government of Himachal Pradesh, as the case
may be.

Page 50 of 62
5. (a) The Under Secretary / Deputy Secretary / Joint Secretary / Additional
Secretary (HPAS cadre) shall be appointed by the government as the
case may be.
(b) The Deputy Secretary and the Under Secretary (Non-HPAS cadre)
shall be appointed by the Commission.
6. The Secretary of the IAS cadre and the Additional Secretary / Joint
Secretary / Deputy Secretary / Under Secretary of HPAS cadre shall be paid
special allowance at such rates as may be allowed by the Government from
time to time.
7. Details of the present sanctioned posts of the Commission are given in
Schedule-I to these regulations.
8. The staff of the Commission shall be appointed in accordance with the
Recruitment and Promotion Rules for different categories of posts / services
issued by the Government in consultation with the Commission from time
to time.
9. The expenditure on pay and allowances etc. of such staff as is detailed to
work under the Commission shall be charged to the respective head of
account of the Service Commission.
10. General conditions of Service: All the officers and the employees of the
Commission shall be subject to the same conditions of service as are
applicable from time to time to the corresponding categories of officers and
employees of the Himachal Pradesh Secretariat.
11. Discipline: In respect of discipline / punishment and appeal, the officers
(excluding the Secretary of IAS cadre and the Additional Secretary / Joint
Secretary / Deputy Secretary / Under Secretary of HPAS cadre) and other
employees of the Commission shall be governed by the provisions of the
Central Civil Services (Classification, Control and Appeal) Rules,1965, the
Central Civil Services (Conduct) Rules,1964 and Central Civil Services
(Temporary) Services Rules, 1965, as amended from time to time, or such
other rules as are made applicable to the corresponding categories of
officers and other employees of the Himachal Pradesh Secretariat. For this
purpose, powers of Appointing / Disciplinary / Appellate / Reviewing
Authority shall be as under:-

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For minor penalties upon Class-I & II (Gazetted / Non-Gazetted) officers
Appointing Disciplinary Appellate Reviewing
Authority Authority Authority Authority
Class-I
(Gazetted) Chairman Chairman Commission Commission
Service
Class-II
(Gazetted Senior most
Chairman Member of the Chairman Commission
/ Non-
Gazetted) Commission
Service
For major penalties upon Class-I & II (Gazetted / Non-Gazetted) officers
Class-I
(Gazetted) Chairman Chairman Commission Commission
Service
Class-II
(Gazetted
/ Non- Chairman Chairman Chairman Commission
Gazetted)
Service
For minor / major penalties upon Class-III & IV (Non-Gazetted) officials
Appointing Disciplinary Appellate Reviewing
Authority Authority Authority Authority
Class-III Senior most
(Non- Secretary Secretary Member of Chairman
Gazetted) the
Service Commission
Class-IV Senior most
(Non- Secretary Secretary Member of Chairman
Gazetted) the
Service Commission
SCHEDULE–I
SANCTIONED STRENGTH OF THE STAFF OF THE HIMACHAL
PRADESH PUBLIC SERVICE COMMISSION (AS ON 31-10-2017)
Sr. Designation of Pay scale of the post No. of
No. the post post
COMMISSION

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1 Chairman `80,000/- (fixed) 01

2 Member `67000-79000 03

CLASS-I (GAZETTED) POSTS

1 Secretary `37400-67000 + `8700/- Grade Pay 01

2 Additional
Secretary /Joint
Secretary / `15600-39100 + `5400/- Grade Pay 01
Deputy Secretary + `2500/- Secretariat Allowance
/ Under Secretary
(HPAS cadre)
Deputy Secretary `15600-39100 + `7600/- Grade Pay
3 (Non-HPAS 01
+ `2500/- Secretariat Allowance
cadre)
Under Secretary `15600-39100 + `6600/- Grade Pay
4 (Non-HPAS 03
+ `2500/- Secretariat Allowance
cadre)
5 Section Officer `15600-39100 + `5400/- Grade Pay 07
+ `2000/- Secretariat Allowance
6 Private Secretary `15600-39100 + `5400/- Grade Pay 01
+ `2000/- Secretariat Allowance
7 Computer `10300-34800 + `5000/- Grade Pay 01
Programmer
CLASS-II (GAZETTED / NON-GAZETTED) POSTS

1 Research Officer `10300-34800 + `4200/- Grade Pay 01

2 Programme `10300-34800 + `4200/- Grade Pay 01

Planning Officer
Superintendent `10300-34800 + `4800/- Grade Pay 11
3 Grade-II + `1200/- Secretariat Allowance
Personal `10300-34800 + `4800/- Grade Pay 04
4 Assistant + `1200/- Secretariat Allowance
CLASS-III (NON-GAZETTED) POSTS

1 Senior Assistant `10300-34800 + `4400/- Grade Pay 18

+ `900/- Secretariat Allowance
2 Senior Scale `10300-34800 + `3800/- Grade Pay 01
Stenographer + `900/- Secretariat Allowance

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3 Computer `10300-34800 + `3200/- Grade Pay 01
Operator + `300/- Secretariat Allowance
4 Junior Scale `5910-20200 + `2800/- Grade Pay + 02
Stenographer `500/- Secretariat Allowance
5 Assistant `5910-20200 + `2400/- Grade Pay 01
Librarian
`5910-20200 + `3200/- Grade Pay +
Junior Assistant / `500/- Secretariat Allowance /
6 12
Clerk `5910-20200 + `1900/- Grade Pay +
`400/- Secretariat Allowance
7 Junior Office `5910-20200 + `1950/- Grade Pay 07
Assistant
8 Driver `5910-20200 + `2000/- Grade Pay + 07
`1400/- Secretariat Allowance
9 Restorer `5910-20200 + `1900/- Grade Pay + 01
`240/- Secretariat Allowance
CLASS-IV (NON-GAZETTED) POSTS

1 Gestetner `4900-10680 + `1650/- Grade Pay + 01

Operator `240/- Secretariat Allowance
2 Daftri `4900-10680 + `1650/- Grade Pay + 01
`320/- Secretariat Allowance
3 Jamadar `4900-10680 + `1800/- Grade Pay + 04
`240/- Secretariat Allowance
4 Frash `4900-10680 + `1300/- Grade Pay + 01
`240/- Secretariat Allowance
5 Peon `4900-10680 + `1300/- Grade Pay + 12
`240/- Secretariat Allowance
6 Chowkidar / `4900-10680 + `1300/- Grade Pay + 02
Gateman-cum- `240/- Secretariat Allowance
Mali
TOTAL 107

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 PART – III
IMPORTANT NOTES AND FORMS
The Classes of cases in which references are to be made to the Himachal
Pradesh Public Service Commission are laid down in Article 320 (3) of the
Constitution of India as modified by Article 320 (4) of the Constitution aforesaid
and by the Himachal Pradesh Public Service Commission (Exemption from
Consultation) Regulations, 1973.
2. METHODS OF RECRUITMENT ETC.: Subject to the provisions of the
Himachal Pradesh Public Service Commission (Exemption from
Consultation Regulations), 1973 the Commission is required to be
consulted on all matters relating to methods of recruitment to civil services
and for civil posts and on the principles to be followed in making
appointment to civil services and posts and in making promotions and
transfers from one service to another. Such matters and principles are
generally prescribed by rules issued under the proviso of Article 309 of the
Constitution of India, but sometimes such matters and principles may be
laid down by executive instructions. The Commission has to be consulted
in regard to the formulation of such matters and principles irrespective of
the mode and form of formulation thereof.
3. A proposal to make statutory rules in this behalf should be referred to the
Commission in H.P.P.S.C. Form 21 (Annexure-I) and should be supported
by information in H.P.P.S.C. Form 21-A.
4. Any change(s) / amendment(s) in the existing Recruitment & Promotion
Rules referred to in the preceding paras also fall(s) within the province of
the advisory functions of the Commission. Therefore a proposal to amend
the rules in respect of a matter covered by sub clause (a) and (b) of clause
(3) of Article 320 of the Constitution of India should be referred to the
Commission. Such references should be made in H.P.P.S.C.Form-22.
5. Ordinarily statutory rules should be formulated before a post is filled.
However, in certain circumstances, it may become necessary to fill a post
before framing statutory rules. In cases of this type, when falling within the
purview of the Commission the methods of recruitment and the principles
to be followed in making appointments, etc. should be decided in

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 consultation with the Commission, generally, before sending to the
Commission as requisition or other proposal to fill the post.
6. DETERMINING SUITABILITY OF CANDIDATES: The Commission
has to be consulted on the suitability of the candidates for appointments,
promotions or transfers to posts / services falling within the consultative
jurisdiction to the Commission.
7. Direct recruitment:
(a) A proposal to recruit candidates from the open market should be
referred to the Commission by sending a requisition in H.P.P.S.C.
Form-23. Once a requisition is sent to the Commission, it should
normally not be withdrawn.
(b) The Commission is keen to analyse in retrospect efficacy of the
interview techniques adopted by it and therefore, it is necessary in
knowing the performance of the open market candidates selected by it
for a period of two years from the date of their joining the posts after
such selection. The Commission, therefore, requires assessment
reports in respect of such officers for a period of two years. These
reports are to be written in H.P.P.S.C. Form 24.
8. Promotion:
Proposals for determining the suitability of the officers for appointment by
promotion may be submitted to the Commission in H.P.P.S.C. Form 25. As
indicated in the form, the proposal must accompany detailed Memorandum
for consideration of DPC (including year-wise break up of vacancies with
reservation of posts for SC / ST categories, if any), an updated copy of
Recruitment & Promotion Rules of the concerned post, latest final seniority
list of feeder category(ies), lists of eligible & ineligible officials / officers,
vigilance clearance and integrity certificates, detail of the vigilance /
departmental cases pending against the official(s) / officer(s), if any,
constitution of the DPC & up-to-date ACR dossiers of eligible officers /
officials.
9. Appointment by deputation (now secondment) or transfer:
For referring proposals of appointment by deputation (now on secondment)
or transfer, a combined form has been devised. This form appears as
H.P.P.S.C. Form 26.

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10. Re-employment:
Whereas the Commission is not required to be consulted in cases relating to
extension of service to an officer beyond the date of superannuation,
consultation with the Commission is necessary in cases involving re-
employment. Proposals relating to re-employment should be sent to the
Commission in H.P.P.S.C. Form 27.
11. Adhoc appointment:
Proposals of adhoc appointment requiring consultation with the
Commission should be referred to the Commission‘s office in H.P.P.S.C.
Form 28. A reference of this type would be made at least six weeks before
the expiry of the period in which the Government is competent to make an
adhoc appointment without consulting the Commission or six weeks before
the expiry of the approved adhoc appointment in consultation with the
Commission.
An adhoc appointment may be made in a permanent post (for a period not
exceeding six months) without consulting the Commission only if, owing to
an emergency having arisen, it is necessary in the Public interest to fill the
vacancy immediately, and there in likely to be undue delay in making the
appointment after consultation with the Commission. Where these
conditions are not satisfied, consultation with the Commission is obligatory
before making an adhoc appointment in a permanent post. This however
does not apply to adhoc appointment in a temporary post for a period not
exceeding six months.
In cases where the method of recruitment has not been decided for filling
up of a particular post in consultation with the Commission, the
Departments are not competent to take a recourse to the Exemption
provisions made in Regulation No.5 of the Himachal Pradesh Public
Service Commission (Exemption from Consultation) Regulations, 1973 and
such appointments, even though for a short duration or even against a
tenure post, should invariably be made in consultation with the Commission
at the very initial stage.
12. Disciplinary matters:
It is necessary to consult the Commission in disciplinary cases in regard to
the following matters:-

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 (a) an original order by the Governor imposing any of the following
penalties;
(i) withholding of increments with cumulative effect,
(ii) reduction to a lower service, grade or post or to a time scale or to
a lower stage in a time scale,
(iii) compulsory retirement,
(iv) removal from service, and
(v) dismissal from service.
(b) an order by the Governor on an appeal against and order imposing any
of the penalties mentioned at (a) above;
(c) an order by the Governor imposing any of the penalties mentioned at
(a) above, in exercise of his power of review and in modification of an
order under which none of the said penalties has been imposed; and
(d) an order by the Governor over-ruling or modifying after consideration
of any petition or memorial or otherwise, an order imposing any of the
penalties mentioned at (a) above made by the Governor or by a
subordinate authority.
NOTE: THE WORD ―GOVERNOR‖ IMPLIES STATE GOVERNMENT
13. It is not necessary to consult the Commission in regard to the matters
indicated in para above if the order is issued by an authority other than the
Governor. It is also not necessary to consult the Commission before
imposing a penalty not mentioned in a para above, whether or not such a
penalty is inflicted by order of the Governor or by a subordinate authority.
14. It may also be mentioned that generally the following actions are not
considered penalty in character, namely:-
a) withholding of increments of pay of a Government servant for his
failure to pass departmental examination in accordance with the rules
or orders governing the service to which he belongs or post which he
holds or the terms of his appointment;
b) stoppage of a Government servant at the efficiency bar in the time-
scale of pay on the ground of his unfitness to cross the bar;

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 c) non-promotion of a Government servant, whether in a substantive or
officiating capacity, after consideration of his case, to a service, grade
or post for promotion to which he is eligible;
d) reversion of a Government servant, officiating in a higher service,
grade, or post to a lower service, grade or post on the ground that he is
considered to be unsuitable for such higher service, grade or post or on
any administrative ground unconnected with his conduct ;
e) reversion of a Government servant, appointed on probation to any
other service, grade or post to his permanent service, grade or post
during or at the end of the period or probation in accordance with the
terms of his appointment of the rules and orders governing such
probation;
f) replacement of the services of a Government servant, whose services
had been borrowed at the disposal of the authority or Department from
the services of such Government servant had been borrowed.
g) Compulsory retirement of a Government servant in accordance with
the provisions relating to his superannuation or retirement;
h) Termination of the service:
(i) of a Government servant appointed on probation, during or at the
end of the period of his probation, in accordance with the terms of
his appointment or the rules and orders governing such probation;
(ii) of a temporary servant in accordance with the provisions of the
sub-rule (1) of Rule 5 of the Central Civil Services (Temporary)
Rules,1965;or
(iii) of a Government servant, employed under an agreement, in
accordance with the terms of such agreement.
This being so, the Commission, is not required to be consulted in passing
any of the above-mentioned orders. Of course, things would be different, if any
such order is, on account of certain other circumstances and consideration, held
to be an order passed by way of punishment.
15. The Himachal Pradesh Public Service Commission is to be consulted at the
stage and by supply of the papers as required in the concerned proforma.

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Sr. Type of Stage at which Public Paper(s) to be Other documents/
No disciplinary case Service Commission sent to the papers that can be sent
is to be consulted Commission alongwith
Clarifications /
1. An original order If an inquiry is held, Documents
Comments (where
by the Governor after receipt of the mentioned in
necessary) to explain
withholding Inquiry Report and column 8 (a)
any factual / procedural
increments with before imposing of the
points in the light of
cumulative effect. penalty. H.P.P.S.C.
any remarks contained
Form-29
in the inquiry report.
A separate note giving
2. An original order After the issue of Record of
clarifications, remarks
by the Governor notice under clause inquiry, a
or any factual or
imposing any of (1) of sub-rule (4) of copy of notice
procedural points
the major Rule 15 of the CCS given under
which may have been
penalties after (CC&A) Rules, 1965 clause (1) of
raised in the
holding the and receipt of sub-rule (4) of
Government servant‘s
inquiry. representation made Rule 15 of the
reply to the notice
by the Government CCS (CC&A)
under Rule 15 (4) (i) of
servant, but before Rules, 1965
the CCS (CC&A)
imposing penalty. and the
Rules,1965. Merits of
representation
the case and findings
made in
on the charges and
pursuance of
opinion regarding the
such notice.
penalty to be imposed
not to be indicated in
this note.
A separate note giving
3. An original order Before imposing As required
clarifications, remarks
by the Governor penalty. by Column 9
or any factual or
imposing any of (a), 9 (b) or 9
the major (c), as the procedural points
which have been raised
penalties without case may be,
in the Government
holding an of H.P.P.S.C.
servant‘s reply to the
inquiry. Form-29.
explanation.
Record of
4. An order by the Before issue of order No opinion is to be
inquiry, a
Governor or an in all cases. In cases expressed.
copy of the
appeal against an covered under
notice issued
order imposing provisos (iii) and (iv)
under
any of the major of Rule 27 (2) of the
provisions
penalties. CCS (CC&A) Rules,
(iii) and (iv)
1965 the
of Rule 27 (2)
Commission will be
of the CCS
consulted after the
(CC&A)
issue of notice as
Rules, 1965
prescribed therein
and
and on receipt of a
representation of the representation
of the

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 Government thereto. Government
servant.
5. An order by the Before issue of orders Record of A note containing
in all cases. In cases
Governor inquiry, show Government‘s
covered under 1st
imposing any of cause notice, comments or any
proviso to Rule 29 (1)
the penalties at as required factual procedural
of the CCS (CC&A)
Sr. No.1 and 2 under first points raised by the
Rules, 1965
above in exercise proviso to Government servant in
Commission shall be
of his powers of Rule 29 (2) of reply to the show cause
consulted after an
review and in the CCS notice without
inquiry has been
modification of (CC&A) expressing any views
conducted, if
an order under Rules,1965 regarding the findings
necessary, and
which none of the and or the penalty to be
said penalties has Government servant representation imposed.
has been given an
been imposed. of the
opportunity of Government
making a servant in
representation against reply thereto
the proposed penalty.
An order by the ----------------------------
6. Before issue of A separate
Governor orders. note or the
overruling or forwarding
modifying after letter
consideration of indicating the
any petition / considerations
memorial or on account of
otherwise an which a
order imposing modification
any of the or the order
penalties already
mentioned at Sr. passed is
No.1 & 2 above called for
made by the
Government or by
a subordinate
authority.
16. While referring cases to the Himachal Pradesh Public Service Commission,
detailed particulars of the Government servant and the case should be sent
to the Commission in H.P.P.S.C. Form 29.
17. CLAIMS FOR RE-IMBURSEMENT OF EXPENDITURE:
Article 320 (3) (d) of the Constitution of India enjoins that the Public
Service Commission will be consulted on any claim, by or in respect of a
person who is serving or has served under the Government of Himachal
Pradesh in a civil capacity, that the cost incurred by him in defending legal

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 proceedings instituted against him in respect of acts done or purporting to
done in the execution of his duties may be paid out of the Consolidated
Fund of the State of Himachal Pradesh. A proposal relating to such a claim
should be referred to the Commission in H.P.P.S.C. Form 30.
18. CONSULTATION FOR AWARD OF PENSION IN RESPECT OF
INJURIES:
Under clause (3) (e) of Article 320 of the Constitution, it is obligatory to
consult the Public Service Commission in regard to a claim for the award of
a pension in respect of injury sustained by a person while serving under the
Government of Himachal Pradesh in a civil capacity and on any question as
to the amount of such award. Of course, this does not apply to claims by
Officers of the Armed Forces of the Union or members of the All-India
Services holding posts in connection with the affairs of the Government of
Himachal Pradesh Proposals relating to such claims may by referred to the
Commission in H.P.P.S.C. Form 31.
19. General:
The words ―Consultation with the Commission‖ imply that the rules
ultimately to be notified by the Department must have been brought to the
notice of the Public Service Commission. Even in cases in which the
Department concerned decides to differ from the advice of the Public
Service Commission, it is desirable that the Department makes another
attempt at narrowing down the area of difference between the Commission
and itself by making another reference to the Commission. In all cases in
which it is proposed not to accept the advice or recommendations of the
Commission; the matter has to be brought before the Council of Ministers,
as required under the provisions of the Government of Himachal Pradesh
Rules of Business, 1971, for their orders.

*****

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