The Former Secretary of State Service Officers (Conditions of Service) Act, 1972
The Former Secretary of State Service Officers (Conditions of Service) Act, 1972 — a post-independence Indian law concerning the service conditions of civil servants appointed before the Constitution came into effect.
Overview of the Act
1. Purpose & Background
Enacted by Parliament on 21 September 1972, this Act aimed to revise or revoke the service conditions (remuneration, leave, pension, disciplinary matters) of "former Secretary of State Service officers" — those appointed by the Secretary of State for India under British rule — aligning them with the conditions applicable to current Indian Administrative Service (IAS) and Indian Police Service (IPS) officers.
It came into force on 1 October 1972, as notified in the Gazette.
2. Key Definitions
"Appointed day": The date the Act came into force.
"Former Secretary of State Service officer": Defined by reference to Article 312‑A (1)(a)/(b) of the Constitution — essentially, ICS/IPS officers appointed pre‑Constitution.
3. Parity of Service Conditions
Sections 3 & 4: From the appointed day, such officers’ service conditions (remuneration, leave, pension, disciplinary rights) are to be the same as for other members of the IAS and IPS, with applicable rules under the All‑India Services Act, 1951 applied as relevant.
4. Special Pay Provisions
Section 5: Those holding a post listed in the Schedule, or equivalent posts as declared by the Government, may continue to draw pay as specified in that Schedule.
Provisions Regarding Pension (Section 8)
Section 8(1): Former officers:
cannot claim pension in sterling (British pounds);
cannot demand pension payments outside India;
cannot convert sterling-denominated pensions into rupees at an exchange rate above ₹13 ⅓ per £.
Proviso for pre‑1921 officers: If an officer was in service on 1 February 1921 and domiciled in India, and had a pension rate of ₹15 per £ before the appointed day, that rate of ₹15 (instead of ₹13 ⅓) applies.
Proviso for foreigners residing outside India: Such officers may convert a capped rupee annuity (₹13,333 ⅓ or the actual rupee annuity, whichever is less) into sterling at ₹13 ⅓ per £ and receive it outside India.
Section 8(2): If pension was paid at a higher conversion rate (i.e., above ₹13 ⅓ per £), those officers must refund the excess amount to the Central or State Government, with the government allowed to adjust it against ongoing dues.
Section 8(3): This applies equally to those holding or having held high constitutional offices — Chief Justice, Comptroller & Auditor‑General, Chairpersons/members of PSCs, Election Commissioners, etc.
Government Powers & Legal Effect (Sections 9–13)
Sections 9–10A: Empower the Central Government to adapt or interpret relevant regulations or orders, and to make orders ensuring parity and removing inequities.
Section 11: Grants power to remove difficulties in the Act’s application.
Section 12: States that this Act overrides any conflicting laws, rules, or instruments.
Section 13: Preserves any existing disciplinary orders.
Constitutional Context & Judicial Interpretation
The Act was enabled by Article 312‑A (introduced via the 28th Constitutional Amendment Act, 1972, effective from 27 August 1972), granting Parliament authority to vary or revoke service conditions of former Secretary of State appointees—both prospectively and retrospectively.
The Supreme Court in Union of India vs. P. M. Jayarajan (1975) affirmed that officers are not entitled to claim sterling pensions, foreign payment, or rupee conversion at rates higher than ₹13 ⅓, reinforcing Section 8's validity.
Summary Table
| Aspect | Key Provision |
|---|---|
| Enactment | 21 Sept 1972; enforced from 1 Oct 1972 |
| Scope | ICS/IPS officers appointed by Secretary of State before Constitution |
| Service Conditions | Aligned with modern IAS/IPS (remuneration, leave, pension, discipline) |
| Pay Protection | Section 5—pay continued for specified/equivalent posts |
| Pension Restrictions | Cannot claim sterling/foreign pension, or favorable rate (> ₹13 ⅓ per £); with exceptions for pre‑1921 or foreign residents |
| Refund Clause | Officer must refund overpaid amount if wrong conversion rate used |
| Executive Powers | Central Govt empowered to adapt, interpret, or remove inequities |
| Override Clause | Act takes precedence over conflicting laws |
| Judicial Validation | SC upheld key pension restrictions in 1975 case |
In Context
This Act brought clarity and uniformity to the once-privileged status of pre‑Constitution ICS/IPS officers by:
Ensuring their service conditions were no more favorable than those applicable under the modern All-India Services.
Placing clear limits on pension convertibility and location of payment.
Empowering the Government to address discrepancies while protecting the integrity of disciplinary decisions.
These measures helped avoid litigation, standardized privileges, and secured the Government's fiscal and administrative interests. Do write to us if you need any further assistance. Do write to us if you need any further assistance.
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