REGISTERED No. DL-33004/92 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. l6] NEW DELHI, SATURDAY, JANUARY 16,1993/PAUSA 26, 1914 Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 16th January, 1993/Pausa, 26, 1914 (Saka) THE UTTAR PRADESH SUBORDINATE SERVICES SELEG- TlON COMMISSON (AMENDMENT) ORDINANCE, 1993 No. 13 OP 1993 Promulgated by the President in the Forty-third Year of the Republic of India- An Ordinance further to amend the Uttar Pradesh Subordinate Services Selection Commission Act, 1988.
WHEREAS by a Piroclamation issued-on the 6th day of December, 1992 by the President under article 356 of the Constitution, the powers of the Legislature of the State of Uttar Pradesh have b e e n declared to be exercisable by or under the authority of Parliament;
AND WHEREAS the Uttar Pradesh Subordinate Services Selection Commission (Amendent) Ordinance, 1991 to provide for the aforesaid matters was promulgated by the Governor on the 30th August, 1991;
AND WHEREAS the Utter Pradesh Subordinate Services Selection Commission (Amendment) Bill, 1992 was introduced in the Uttar Pradesh Legislative Council to replace the said Ordinance, but has not been passed;
2 ' ' THE GAZETTE OF INDIA EXTRAORDINARY [PART IT— Short title and commencement.
Amendment of section. 6 of U.P.
Act 7 of
1988.
Omission of sections 8 and 9.
Substitution of section 10.
Application of F.R. 56 to members.
AND WHEREAS the Uttar Pradesh Subordinate Services Selection Commission (Amendment) (Third) Ordinance, 1992 was promulgated by the Governor on the 29th. November, 1992 to replace the said Ordinance;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take îmmediate action;
Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution and of all other powers enabling him in that behalf, the President is pleased to'promulgate the following Ordinance:—
1. (1) This Ordinance may be called the Uttar Pradesh Subordinate Services Selection Commission (Amendment) Ordinance, 1993.
(2) Sections 2 to 4 shall be deemed to have come into force oa August 30, 1991 and the remaining provisions shall come into force at once.
2. In section 6 of the Uttar Pradesh Subordinate Services Seteotaon Commission Act, 1988 (hereinafter referred to as the principal Act), for suib-section (2), the following sub-section shall be substituted, namely:— "(1) The Cbmmission shall consist of a Chairman and such other members not exceeding five as the State Government niay from time to time appoint from amongst its officers and the officers of a corporation wholly owned or controlled by the State Government who have, for at least ten years, held a post or posts under the Central or State Government or Such corporations not below the rank of Group 'A' posts of tihe State Government".
3. Sections. 8 and 9 of the principal Act shall be omitted.
4. For* section 10 of the principal Act, the following section shall be substituted, namely:— "10. (I) The provisions of rule 56 of the Uttar Pradesh. Fundamental Rules shall apply dnd continue to apply to every member of the Commission as they apply to any other Government servant of the same grade, rank or cadre.
(2) Notwithstanding anything contained in sub-section (1), a person wlio "Ras netirbj on attaining the age of sufjefSmffiuatleft" from Government service or the service of a eonporatioh wholly fflmeQ or controfiea % file State Government, may W re-etfapioyed Sodf sppeihted as a member, if he isl otherwise eligible foT such appointment widef sub-section (1) of section 6 'for such period as may be specified in Ute Appoiitmeftt o«!er, so however, that he shall not iioid the office Iftyowrffie dite of Iris attaiffirtg tfti'ige of siief-Jtwa yerfrs. . ' s
(3) Any person holding the office of a member on August 30, 1991 who hafi 'passed the date of retirement provided in rul& 56 of the Uttar Pradesh Fundamental rRtfles before Ategast 30f 1991 shall be deemed to-have "been re*mp*oyed and -appointed-under subjection <2,)/..r.. .
Stc. 1J THE GAZETIF OF INDIA EXTRAORDINARY 3 l'.!\ OKI.
28 of i <w.
5. (1) The Uttar Pradesh Subordinate Services Selection Commission (Amendment) (Third) Ordinance, 1992 is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the provisions of the principal Act, as amended by the Ordinance referred to in sub-section (7) , shall be deemed to hnve been done or taken lindeir the corresponding provisions of the principal Act as amended by this Ordinance, as if the provisions, oi" this Ordinance were in force at all material times.
RepaaJ and saving.
SHANKER DAYAL SHARMA, President.
K. L. MOHANPURTA, Secy, to the Govt. <>/ India.
PRINTED fiV THE MANAitif.R, 0UVE11NMENT flF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1993