An Act to provide for the establishment of a Commission for the recruitment and Selection of officers for appointment to services and posts in public sector banks and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-fifth Year of the Republic of India as follows: -
Section 1. Short title and commencement
(1) This Act may be called the Banking Service Commission Act, 1984.
(2) It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act.
Section 2. Definitions
In this Act unless the context otherwise requires. -
(a) "banking company" has the meaning assigned to it in the Banking Regulation Act, 1949;
(b) "Chairman" means the Chairman of the Commission;
(c) "Commission" means the Banking Service Commission, established under sub-section (1) of section 31;
(d) "grade", in relation to a public sector bank, means a grade for officers as specified in the rules or, as the case maybe, the regulations of the bank;
(e) "junior management grade", in relation to a public sector bank, means the lowest grade of officers in that bank;
(f) "members" means a member of the Commission but does not include the Chairman;
(g) "notification" means a notification published in the Official Gazette;
(h) "officer" means an officer of any grade;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "public sector bank" means-
(i) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(ii) a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980;
(iii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iv) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959.
(k) "regulation" means a regulation made under this Act;
(l) "Reserve Bank" means the Reserve Bank of India, constituted under the Reserve Bank of India Act, 1934;
(m) "Secretary" means the Secretary of the Commission;
(n) "vacancy" includes a newly created post which has not been filled in.
Section 3. Establishment of the Commission
(1) With effect from such date as the Central Government may by notification specify in this behalf, there shall be established for the purposes of this Act a Commission, to be called the banking Service Commission.
(2) The Commission shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued.
(3) The Head Office of the Commission shall be at Delhi or at such other place as the Central Government may, by notification, specify.
Section 4. Appointment and terms of office of Chairman and members
(1) The Central Government shall, by notification, appoint a person to be the Chairman of the Commission and not more than eight other persons to be members of the Commission:
PROVIDED that at least one member shall be from amongst persons belonging lo the Scheduled Castes or the Scheduled Tribes.
(2) The Chairman and members shall be persons who, in the opinion of the Central Government, are men of ability integrity and standing and have special knowledge of, or practical experience in, financial economic or business administration or in the administration of Government or in any other matter which would render such persons suitable for appointment as Chairman or member:
PROVIDED that as nearly as may be one-half of the members shall he-persons who on the date of their respective appointment, have had such experience for not less than ten years in a banking company or in any public sector bank or Reserve Bank or in an institution wholly or substantially owned by the Reserve Bank or a public financial institution.
(3) The Chairman or any member shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier:
(a) the Chairman or any member may, by writing under his hand addressed to the Central Government, resign his office;
(b) the Chairman or any member may be removed from his office in the manner provided by this Act.
(4) The other terms and conditions of service of the Chairman and members shall be such as may be prescribed.
(5) If the office of the Chairman becomes vacant or if the Chairman is unable to discharge his functions owing to absence, illness or any other cause such member of the Commission as the Central Government may, by order, specify shall discharge the functions of the Chairman up to the date on which a new Chairman is appointed or, as the case may be the Chairman resumes his duties.
Section 5. Prohibition as to holding offices by Chairman or member on ceasing to be such Chairman or member
A person who holds office as Chairman or member shall, on his ceasing to hold such office by reason of the expiration of his term or otherwise, be ineligible for re-appointment in the Commission or for employment under the Government of India or of any State or in the Reserve Bank or in any institution wholly or substantially owned by the Reserve Bank or in any public sector bank or any banking company or in a public financial institution:
PROVIDED that a member to whom this section applies, shall be eligible for appointment as Chairman, but shall not be eligible for any other employment.
Section 6. Removal and suspension of Chairman or the members from office in certain circumstances
(1) The Central Government may remove from office the Chairman or any member, who-
(a) is adjudged an insolvent, or
(b) is convicted of an offence involving moral turpitude, or
(c) is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body, or
(d) engages, during the term of office, in any paid employment outside the duties of his office, or
(e) has acquired such financial or other interest as is likely to affect prejudicially his functioning as the chairman or a member, or
(f) has so abused his position as to render his continuance in office undesirable.
(2) Notwithstanding anything contained in sub-section (1), the Chairman or any member shall not be removed from office on the ground specified in clause (d) or clause (e) or clause (f) of that sub-section unless the matter has been referred to an Inquiry Officer appointed under sub-section (3) and such officer has, after an inquiry, held in accordance with such procedure at the Central Government may specify in this behalf, reported that the member ought, on such grounds, to be removed.
(3) For the purpose of holding an inquiry under sub-section (2) the Central Government may, by order, appoint, as an Inquiry Officer, a person who is holding or has held the office of a Judge of the Supreme Court or of any High Court.
(4) The Central Government may suspend from office the Chairman or any member in respect of whom a reference has been made to an Inquiry Officer under sub-section (2), pending such inquiry.
(5) The terms and conditions of service of any Inquiry Officer appointed under sub-section (3) shall be such as the Central Government may, by order, specify.
Section 7. Power of Commission to constitute committees
(1) The Commission may, in such manner and subject to such conditions and restrictions as may be prescribed, constitute one or more committees consisting wholly of its members or partly of its members and partly of other persons and delegate to any committee so constituted such of the functions and powers of the Commission as may be specified in the rules made by the Central Government:
PROVIDED that the Commission may constitute any committee either with or without, the Chairman as one of the members of such committee.
(2) The sitting fee and traveling allowance payable to persons, other than the Chairman and members for attending any meeting of the committee, shall be such as may be prescribed.
Section 8. Secretary and other staff of the Commission
(1) The Commission may, with the previous sanction of the Central Government, appoint a Secretary for the efficient discharge of its functions under this Act.
(2) The terms and conditions of service of the Secretary shall be such as may be prescribed.
(3) Subject to such regulations as may be made in this behalf, the Commission may appoint such other employees as it may think necessary for the efficient discharge of its functions under this Act on such terms and conditions as the Commission may, having regard to the terms and conditions of service of the comparable posts in the Central Government, determine with the previous sanction of the Central Government.
Section 9. Authentication of orders and other instruments of the Commission
(1) All orders and instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other employee of the Commission authorised by the Chairman in this behalf.
(2) Orders or instruments issued by the Commission and authenticated in accordance with the provisions of sub-section (1) shall be evidence of the matters recorded therein and shall be admissible in evidence notwithstanding anything contained in the Indian Evidence Act, 1872, or in any other law for the time being in force.
Section 10. Duty of Commission to hold competitive examinations or make selections for appointment to posts in public sector banks
It shall be the duty of the Commission lo conduct examination or to make selections or both for appointments in public sector banks for filling vacancies in-
(a) posts of officers required to be filled by direct recruitment.
(b) posts of officers of and above the rank of Assistant General Manager or of its equivalent rank required to be filled by promotion; and
(c) such other posts as the Central Government may, by notification, specify.
Section 11. Calling for applications and conduct of examinations or selections
(1) The Commission shall call for applications from such category of persons and in such manner as may be specified in the regulations and conduct examinations or make selections or both having regard to the requirement of section 17 and the vacancies communicated to it under section 12:
PROVIDED that such examinations or selections or both shall be made in accordance with the principles specified in the regulations.
(2) The fee payable on an application under sub-section (1) shall be such as may be specified by regulations and such fee shall not exceed eighty rupees.