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CONFIDENTIAL & CABINET DEPARTMENT

STRENGTH:

Superintendent -1; Assistant -3; LDC -2; MTS(G) -1

FUNCTIONS OF THE CABINET DEPARTMENT SECTION:

Cabinet Department Section deals with the subjects enumerated under the Confidential and Cabinet Department, General Administration Department and the Department of Personnel and Administrative Reforms (Personnel Wing).

Its functions include

- Rules of Business/ Allocation Rules.
- Business of the Legislature/ Legislators.
- Ex-officio matters.
- Matters relating to Southern Zonal Council and Inter-State Council.
- Official Language.
- Advice on framing/ amendment of Recruitment Rules in respect of all posts in the Departments/ Institutions/ Organizations.
- Correspondence with U.P.S.C. on service matters.
- Discipline and Appeal relating to the services.
- Formation of a separate Department.
- Deputation and foreign service.
- Issue of Standing Orders/ instructions on policy matters.
- Advice rendering on service matters.
- Communicating important circulars of the Government of India on service matters.
- Other matters connected with, if any.


CONSTITUTIONAL PROVISIONS GOVERNING THE UNION TERRITORY ADMINISTRATION:

The Union Territory of Puducherry is administered by the President of India through an Administrator i.e., the Lieutenant Governor, appointed by him under Article 239 of the Constitution.

The President, is therefore the executive head of the Union Territory of Puducherry.

By virtue of Article 239-A of the Constitution, the Parliament enacted the Government of Union Territories Act, 1963. This Act provides for a Legislative Assembly of Puducherry and the Council of Ministers in the Union Territory of Puducherry.

The extent of the legislative power of the Puducherry Legislative Assembly has been defined in Section 18 of the Government of the Union Territories Act, 1963.

Section 44 of the Act defines the functions of the Council of Ministers. The Council of Ministers with the Chief Minister as the head is to aid and advise the Administrator in exercise of the functions in relation to matters with respect to which the Legislative Assembly has power to make laws subject to exceptions where the Administrator is required by or under this act to act in his discretion.

In exercise of the powers conferred by Article 329 and the proviso to Article 309 of the Constitution, Section 46 of the Government of Union Territories Act, 1963 (20 of 1963) and all other powers enabling him in that behalf, the President has made the following Rules to this Union Territory:
(i) The Business of the Government of Puducherry (Allocation) Rules, 1963; and
(ii) The Rules of Business of the Govt. of Puducherry, 1963. Amendment

The Business of the Legislative Assembly is carried out in accordance with the provisions of the Administrator’s Rule for the Puducherry Legislative Assembly, 1967.


PUBLIC SERVICES IN THE UNION TERRITORY:

The Public Services in the Union Territory of Puducherry comes under the public services of the Union.

The conditions of service of all persons appointed to the Central Civil Service and posts, Class-I, Class-II, Class-III and Class-IV under the administrative control of the Administrator of Puducherry shall subject to any other provision made by the President, be the same as the conditions of service of persons appointed to other corresponding Central Civil Services and posts and shall be governed by the same rules and orders as are for the time being applicable to the latter category of persons.

(Ref.: Order dated 09.11.1966 of the Govt. of India, Ministry of Home Affairs)


CONSULTATION WITH U.P.S.C. ON SERVICE MATTERS:

The Administrator shall consult the U.P.S.C. on all matters in which the commission is required to be consulted under clause (3) of Article 320 of the Constitution. And, in every such case shall not make any order otherwise than in accordance with the advice of the U.P.S.C. unless authorized to do so by the Central Government.

All correspondence with the U.P.S.C. and the Central Government regarding recruitment and conditions of service of persons serving in connection with the Administration of the Union Territory should be conducted by the Chief Secretary under the direction of the Administrator.

There is no constitutional provision for setting up of separate Public Service Commission. Article 315 of the Constitution provides for a Commission for Union and Public Service Commission for each state.


EXEMPTION FROM CONSULTATION WITH UPSC:

It is mandatory to consult the UPSC on all service matters.

However, the U.P.S.C. (Exemption from Consultation) Regulations, 1958 notified by the Ministry of Home Affairs excluded certain services and posts from the purview of the Commission as detailed below:

(1) All Group ‘C’ & ‘D’ posts are exempted from the purview of U.P.S.C.;

(2) Direct recruitment to Group ‘B’ posts or services which is in the scale of pay, the maximum of which is below Rs.10,500 (pre-revised).

The Chief Secretary to Government has been appointed as Chairman for Recruitment / Selection Committee in respect of all Group ‘B’ posts, the maximum of the scale of pay of which less than Rs.10,500/- (pre-revised) and the Secretaries to Government for all Group ‘C’ posts.


FRAMING OF RECRUITMENT RULES:

The Lieutenant Governor, Puducherry has been vested with powers to make rules in regard to the following matters:

- The method of recruitment to the Central Civil Service and posts Class II, III & IV i.e., Group ‘B’, ‘C’, & ‘D’ under their administrative control in connection with the affairs of the Union Territory concerned;

- The qualifications necessary for appointment to such services and posts; and

- The conditions of service of persons appointed to such services and posts for the purpose of probation, confirmation, seniority and promotion.

(Ref: Notification No.F.No.5/4/65-GP dated 11.01.1965 read with No.24/78/68-DH(S) dated 24.09.1968 of the Ministry of Home Affairs, Government of India, New Delhi)