Report No. 250

54. Former Secretary of State Service Officers (Conditions of Service) Act, Act 59 of 1972

Category: Government Employees

Recommendation: Repeal

The Act provided for the variation or revocation of the conditions of service of former Secretary of Service officers in respect of certain matters. 'Former Secretary of State Service Officer' has been defined by the Act as a person referred to in sub-clause (a) or (b) of Article 312A(1) of the Constitution of India. This Act applies to persons appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of the Constitution.

This class of officers are no longer in service since they were appointed prior to 1947 and 67 years have passed since then. Even with respect to officers of this service who retired on or before 1972 (as referred to in Article 312A(1)(b)), 42 years have passed since 1972. Hence, the Central Government should repeal this Act. A suitable savings clause should be inserted in the repealing Act as a matter of abundant caution so as to protect any rights that may have accrued to any of these officers under this Act.