CIVIL

Position of Civil Services of the Crown in India under the Government of India Act 1935

Under the Government of India Act, 1935, the position relating to the Civil Services of the Crown in India is contained in a number of general provisions in Chapter, II of Part X thereof.

Section 240(1) reiterates what was first statutorily declared by section 96B of the 1915 Act, viz., that except as expressly provided by the Act every person who is a member of a civil service of the Crown in India, or holds any civil post under the Crown in India, holds office during His Majesty’s pleasure.

Section 241 provides for the recruitment and conditions of service of such persons and prescribes the various authorities who can make the appointments and frame the rules relating to conditions of service.

Section 242(4), in so far as it is relevant for the present purpose, provides that section 241 in its application to appointments to and to persons serving on the staff attached to a High Court shall have effect as if, in the case of a High Court, for any reference to the Governor in paragraph (b) of section (1), in paragraph (a) of sub-section (2) and in sub-section (5), there was substituted a reference to the Chief Justice of the Court. Making the necessary substitutions as prescribed above, the statutory provisions in the Government of India Act, 1935, relating to recruitment and conditions of service of the staff of the High Court may be read as follows :

“(1) Appointments to the Civil Services and civil posts under the Crown in India in relation to the staff attached to the High Court shall be made by the Chief Justice or such person as he may direct.

(2) The conditions of service of persons service His Majesty in relation to the staff attached to the High Court shall be made by the Chief Justice of the High Court or by some person or persons authorised by him to make the rules for the purpose.

Provided that –

(a) the Governor may in his discretion require that in such cases as he may in his discretion direct no person not already attached to the court shall be appointed to any office connected with the Court save after consultation with the Provincial Public Service Commission;

(b) rules made under sub-section (2) by a Chief Justice shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor”.


Synopsis :

PartX – THE SERVICES OF THE CROWN IN INDIA    

Chapter I

Section232 – Pay, etc., of Commander-in-Chief    
Section233 – Control of his Majesty as to Defence appointments    
Section234 – Eligibility for commissions in Indian forces    
Section235 – Control of Secretary of State with respect to conditions of service    
Section236 – Saving of rights of appeal    
Section237 – Pay, etc., of members of forces to be charged on Federal revenues    
Section238 – Provisions as to certain civilian personnel    
Section239 – King’s India cadetships    

Chapter II

Section240 – Tenure of office of persons employed in civil capacities in India    
Section241 – Recruitment and conditions of service    
Section242 – Application of preceding section to railway, customs, postal and telegraph services and officials of courts    
Section243 – Special provisions as to police    
Section244 – Services recruited by Secretary of State    
Section245 – Special provision as to irrigation    
Section246 – Reserved posts    
Section247 – Conditions of service, pensions, etc., of persons recruited by Secretary of State    
Section248 – Rights in respect of complaints, appeals, etc.    
Section249 – Compensation    
Section250 – Application of four last preceding sections to persons appointed by Secretary of State in Council, and certain other persons    
Section251 – Staff of High Commissioner and Auditor of Indian Home Accounts    
Section252 – Conditions of service of existing staff of High Commissioner and Auditor of India Home Accounts    
Section253 – Judges of the Federal Court and High Courts    
Section254 – District judges, etc.    
Section255 – Subordinate civil judicial service    
Section256 – Subordinate criminal magistracy    
Section257 – Officers of political department    
Section258 – Provision for protection of existing officers of certain Services    
Section259 – Provisions as to certain persons serving in or before 1924    
Section260 – General provisions as to persons retiring before commencement of Part III    
Section261 – Secretary of State to act with concurrence of his advisers    
Section262 – Eligibility for office of persons who are not British subjects    
Section263 – Joint services and posts    

Chapter III

Section264 – Public Service Commissions    
Section265 – Composition and staff of Commissions    
Section266 – Functions of Public Service Commissions    
Section267 – Power to extend functions of Public Service Commission    
Section268 – Expenses of Public Service Commissions    

Chapter IV

Section269 – Provisions as to Chaplains    

Chapter V

Section270 – Indemnity for past acts    
Section271 – Protection of Public servants against prosecution and suits    
Section272 – Provisions as to payment of certain pensions from taxation in India    
Section273 – Provisions as to family Pension funds    
Section274 – Saving for certain Funds Acts    
Section275 – Persons not to be disqualified by sex for holding certain offices    
Section276 – Transitional Provisions    
Section277 – Interpretation
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