C. all No. 32S-Vol IX COMMITTEE ON SUBORDINATE LEGISLATION (SEVENTH LOK SABHA) • NINTH REPORT ,(Presented on IO December, I98r) LOX SABRA SECRETARIAT NEW DELHI Dt:#mber, r9~I /Agrc/zayana, 1903 CSt ka) ?ria: R.1. 3.65 .. CDRRlGEND'; TO THE NINTH rlEPORT OF THE mWMITTEE ON SUOORDINATE LEGISLATION (SEVENTH lDK SABHA) (PRESENTED ON 10 DECFMBER, 1981) Page Paragraph Un. F9r Read No. N", .- 1 2 2 hell held 18 S 59 50 • 23 Col. Nn;3 ...., combersome cumbersome Agninst S.No.3(ii) 31 10 • Agreemen Agreement from bottnm 33 2 Bide Paragraph Vide P 3ragraph 3..~ Cel. N".3 theirin therein Ag'ain s t' S. Nn. 3 "" 36 ~l. Nell. 3 3 .P r~s ambl e pre ambl e Against i.No/S 37 ( i) Col. No.3 Against S.No.6 1; givern given ( ii) -M- 1-1- nindividual individual ( iii) -M- d) pUlication publication 39 7 correct the page n umber as ~ 42 0:Il. ;0.3 (i)~gain$t i.No.ll 12 - -2 'j invokerl 1nVl"'l ked ( ii) against 3. )\;0. 12 ' , a as 43 Col. No.3 ( i) Against St-NoI3 2 in cases heret in cases where he ship the ship IS ( ii) -t+.- 13 prolet pilot 50 Col. No. 3 ( i) Against S.No.21 3 Act 9~ Act 1948 ( ii) -dp- 6 purpose, an . purpose at an 65 0:11. 1\",. 3 1 from , Twenfth Twelfth bottom 81 (i) 11 1 ~han V\hen CONTENTS PARA No. PAoa No. COMPOIrnoNS OP TID COlllllrtTU (iii) REPORT I. INTIlODUCTlOM 1-5 II. Implementation of Recommendation contained in para- 6-15 graphs 13 to 15 of Sixth Report of the Committee on Sub- ordinate Legislation (Fifth Lok Sabha) regarding the Indian • Posta and Telegraphs (Clas. IV Posta) Recruitment Rulea, 1970 (G.S.R. 19311 of 1970) II nI. Implementalion of Recommendation CODtained in Para- 17-119 gr~ 65 of the Twentieth Report orthe Committee on Sub- ordinate Legialation (Fifth Lok Sabha) regarding giving of RetroSpective eft'ect to the-orden framed under~ous Aet. of Parliament (i) The Naval Ceremonial Conditiona of Service I: ~i,eellaneoUi. (Amendment) Regulatio... 1973 (5. R.O. 55 of 1973) (ii) The Territorial Army (Amendment) Rates, 1974 (G.S.R. 70 of 1974)' .5 IV Implementation of recommendations contained in para- ,o-f& graph' 95-g6 of the Ninth Report of Committee on Sub- ordinate Legislation (Sixth Lok Sabha) regarding the Indian Railway Stores Service Recruitment Rulea. 1969 (G.S.R. 151 of 1969). • • • • • • • 8 V. Implementation ofrecommend?tion contained in paragraph 49-57 45 of the Sixteenth Report of Committee on Subordinate Legislation (Sixth Lok Sabha) regarding the Seamen'. Pro- vident Fund (Amendment) Scheme, 1976 (G.S.R. 11133 of . 1976)· . • • . • • • • 15 VI. Action Taken by Government on varioUi reeOJllll\endatlQDI anti auurances given to, the Committee on Slihordinate sa Legislation. 18 I. Summary of Main JlecommendatiOlllIOblervatiou mack by tbe Clammlttee. III II. Mini.try of Railwaya (Railway Board) letter dated 30 Nov- 115 ember, 1976. III. Windlry ofRailwaya (Railway Board) tetter dated 16 Feb- SIt ruary. IgBo. • ••••••• IV. eop,. of Note rqrarding Seamen'. Provident FUDCi Scheme. 51 V. Statement .hlJwingaction taken by Government on the re- commeoclatiom made by, IIJIII auurances pvea to tbe Com- mittee on Subordinate LqriJlation. 53 VI. Minutes of the Thirteenth, Fourteeath, 8iateenth Twentie- th, Twenty-fint, Twcnty-eighth, Thirtietll ;;i Thirty- fint .ittiJIIP of tbe Committee. ••• • • • 13 2835 LS-l COMPOSITION OF THE COMMITTEE ON SUBORDINATE LEGISLATION (1981-82) 1. Shri Mool ChlUld Daga-Chainnan MEMBERS 2. Shri M. Ankineedu 3. Shri Xavier Arakal • 4. Shri Ashfaq Husain 5. Shri T. V. Chandrashekharappa 6. Shri Eduardo Faleiro 'j ~'• 7. Shri M ... Kandeswamy • a. Shri K. Lakkappa 9. Shri Balasaheb Vikhe PatH 10. Shri M. Ramanna Rai 11. Shri Ratansinh Rajda 12. Shri Ashoke Sen 13. Shri Ajit Pratap Singh .. " 14. Shri Chandra Shekhar Singh SECRETAJUAT 1. Shri S. D. Kaura-Chief Legislative Committee Officer. 2. Shri Ram Kishore-Senior Legislative Committee Of/icef'. 3. Shri S. S. Chawla-Senwr Legislative Committee OfJicer. (iii) I REPORT I INTRODUCTION I, the Chairman of the Committee on Subordinate Legislation. having been authorised by the Committee to present the Report i,., their behalf, present this their Ninth ·Report. • 2. The matters covered by this Report were considered ·by the Committee at their sittings hell on 5. 6 and 24 January. 29 June, 8 July, 3 and 22 October, 1981. • 3. At their sitting held on 24 January, 29 June, 3 and 22 October, 1981, the Committee took evidence of the representatives of the (i) Ministry of Railways (Hailway Board) and Ministry of Homa Affairs (Department of Personnel and Administrative Reforms) regarding the Indian Railway Stores Service Recruitment Rules. 1969, (ii) the Ministry of Shipping and Transport regarding the Seamen's Provident Fund (Amendment) Scheme, 1976, (iii) Minis- try of Defence regarding giving of retrospective effect to the Naval Ceremonial, Conditions of Service and Miscellaneous -(Amendment) Regulations, 1973, and (iv) Ministry of Communications (Posts and Telegraphs Department) regarding Indian Posts and Telegraphs (Class IV Posts) Recruitment Rules, 1970. The Committee wish to express their thanks to the officers of the Ministries for appearing before the Committee and furnishing the information desired by them. 4. The Committee considered and adopted this Report at their sitting held on 7 December, 1981. The Minutes of the sittings which form part of the Report are appended to it. 5. A statement 3howing the summary of recommendation.. ,- observations of the Committee is also appended to the Report. D IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN ·PARAGilAPHS 13 to 15 of SIXTU REPORT OF THE COMMI1IEE" ON SUBORDINATE LEGISLATION (F'IFI'H L1)K SABHA) RE- GARDING THE INDIAN POSTS AND TELEGRAPHS (CLASS IV POSTS) RECRUITMENT RULES, 1970 (G.5.R. 1932 OF 1970) 6. Notes 2 and 3 below the Schedule to the Indian Posts and Telegraphs (Class IV posts) Recruitment Rules, 197{) provide tnat Extra.Departmental Staff and Casual Labourel'3 may be considered for Clau IV POIta against the vacancies for direct recruitment for Class IV Posts subject to such conditions and in such manner as may be directed by the D.G., PlrT from time to time. '1. It was pointed vut to the Department of Communications that the Rules should, as far as possible, be eelf-contained and the terma . and conditions subject to wlfich any category of persons may be coDiidereci for recruitment should be specified therein, rather thaft be left to be regulated separately. 8. In their reply, the Department of Communi:"'3tions stated as follows:- ........ There are detailed instructions under which Extra· Departmental Staft may be considered for recruitment to Cla. IV posts. The Casual Labour are a.ppointed to Class IV posta 8ubject to general . instructions issued by the Department of Personnel in this regard. There are detailed administrative instructions the inclusion of which will make the statutory Recruitment rules un- MCeaaarily lengthy. Further the St:ltutory rules have been promulgated in the form' prescribed by the Department of Personnel. They ate to be supplemented by Administrative instructions. As bas been observed by the Supreme Court in the Sant Ram V.. State of Rajasthan (AIR 198'1 SC 1910) the Gov- ernment can supplement the rules and issue instructions on matters in respect of which the Rules are silent, though the Rules cannot be amended or supeneded by Administrativf' instructions. It is, therefore, felt that the detaU........ need not be included in the Statu!ory He- eruitment Rules." , 2 3 ~. The Committee on Subordinate Legislation (1972-73), whie. ~onsidered the above reply, observed as follows, in paras 13 to 15 -of their Sixth Report (Fifth Lok Sabha):- "13. The Committee are not convinced by the ar&uments ad- vanced by the PlrT Department for not accepting the suggestion that the tel'ms and conditions subject to which 'Extra Departmental Staff and Casual Labouretoi' may be considered for Class IV posts against the vacanciea for direct recruitment should be specified in the Rules. They have time and again emphasised that the rules should, as far as p.ossible, be self-contained. 14. Apart from this, there is another important aspect involv- • ed and that is empowering the D.G., P&T to lay down the conditions of recruitment outside the rules through De- partmental instructions, which the Committee feel, is tantamount to sub-delegation of legislative power. De- partmental instructioIh> laying down the conditions of recruitment are not 'published in the Gazette, and, there- fore, would not come to the notice of the Committee for their scrutiny. Moreover, the Committee feel that con- ditions of recruitment, being of basic importance, should be regulated through the rules, rather than be left to be regulated outside the rules. 15. The Committee also do not see much force in the De- partment's argument that the inclusion of the c~nditions of recruitment will make the rules unnecessarily lengthy. They are of the opinion that the conditions can be givp.n briefly in th~ Schedule to the Rules. The Committee, therefore, urge the P&T Department to take early steps to include the Departmental instructions in the Rules." 10. In an interim reply dated 18 May, 1977 to the above recom- mendations, the P&T Directorate stated as follows:- "Action for amendment of our Statutory Rules of Class IV was initiated in consultation with Deptt. of Personnel and A.R. and Ministry of Labour. But the rule.. could not be finalised as the question whether EDNs hold c:vil posts within the meaning of Article 311 of the Comhtu- tion was. under the cqrW~atiQn of ~he St,lp.reme Court.