Section 241 - Recruitment and Conditions of Service in Government of India Act, 1935 [Repealed]
Recruitment and Conditions of Service.
(1) Except asexpressly provided by this Act, appointments to the civil services of, and civilposts under the Crown in India, shall, 1 [after the commencement ofPart III of this Act], be made--
(a) in the case ofservices of the Federation, and posts in connection with the affairs of theFederation, by the Governor-General or such person as he may direct;
(b) in the case ofservices of a Province, and posts in connection with the affairs of a Province,by the Governor or such person as he may direct.
(2) Except asexpressly provided by this Act,1 the conditions of service of personsserving His Majesty in a civil capacity 1 [in India] shall, subject tothe provisions of this section, be such as may be prescribed--
(a) in the case ofpersons serving in connection with the affairs of the Federation, by rules madeby the Governor-General or by some person or persons authorised by theGovernor-General to make rules for the purpose ;
(b) in the case ofpersons serving in connection with the affairs of a Province, by rules made bythe Governor of the Province or by some person or persons authorised by theGovernor to make rules for the purpose :
Provided that itshall not be necessary to make rules regulating the conditions of service ofpersons employed temporarily on the terms that their employment may beterminated on one month's notice or less, and nothing in this sub-section shallbe construed as requiring the rules regulating the conditions of service of anyclass of persons to extend to any matter which appears to the rule-makingauthority to be a matter not suitable for regulation by rule in the case of thatclass.
(3) The said rulesshall be so framed as to secure--
(a) that, in the caseof a person who before the commencement of Part III of this Act, was serving HisMajesty, in a civil capacity 1 [in India], no order which alters orinterprets to his disadvantage any rule by which his conditions of service areregulated shall be made except by an authority which would have been competentto make such an order on the eighth day of March, nineteen hundred andtwenty-six, or by 2 [some person empowered by the Secretary of Stateto give directions in that respect] ;
(b) that every suchperson as aforesaid shall have the same rights of appeal to the same authoritiesfrom any order which--
(i) qpunishes orformally censures him; or
(ii) alters orinterprets to his disadvantage any rule by which his conditions of service areregulated ; or
(iii) terminates hisappointment otherwise than upon his reaching the age fixed for super-annuation,
as he would have hadimmediately before the commencement of Part III of this Act, or such similarrights of appeal to such corresponding authorities as may be directed by 2 [theSecretary of State or by some person empowered by the Secretary of State to givedirections in that inspect] ;
(c) that every otherperson serving His Majesty in a civil capacity 1 [in India] shall haveat least one appeal against any such order as aforesaid, not being an order ofthe Governor-General or a Governor.
(4) Notwithstandinganything in this section, but subject to any other provision of this Act, Actsof the appropriate Legislature in India may regulate the conditions of serviceof persons serving His Majesty in a civil capacity in India and any rules madeunder this section shall have effect subject to the provisions of any such Act.
Provided that nothingin any such Act shall have effect so as to deprive any person of any rightsrequired to be given to him by the provisions, of the last precedingsub-section.
(5) No rules madeunder this section and no Act of any Legislature 1 [in India] shall beconstrued to limit or abridge the power of the Governor-General or a Governor todeal with the case of any person serving His Majesty in a civil capacity 1 [inIndia] in such manner as may appear to him to be just and equitable:
Provided that, whereany such rule or Act is applicable to the case of any person, the case shall notbe dealt with in any manner less favourable to him than that provided by thatrule or Act.
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1.Omitted, by by theIndia (Provisional Constitution) Order, 1947.
2.Subscribed by by the India (Provisional Constitution) Order, 1947., the words--
"theGovernment-General or the Governor as the case may be".