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Former Secretary of State Service Officers (Conditions of Service) Act,1972

Act No : 59


Section : Power to construe rules, regulations and orders.

10. Power to construe rules, regulations and orders. Notwithstanding that no provision or insufficient provision has been made under section 9 for the adaptation of any rule, regulation or order referred to in that section, any court, tribunal or authority, required or empowered to enforce such rule, regulation or order may construe it with such modifications as maybe necessary to bring it into accord with the provisions of this Act. 1[10A. Power of Central Government to make orders in certain cases to ensure parity. (1) If the Central Government is satisfied that the conditions of service as respects any matter applicable to, or in relation to any class or category of former Secretary of State Service officers under section 6, 7 or 8 or as respects any benefits by way of compensation for the increase in cost of living or any other reason, have come less favourable than those applicable to or in relation to any be corresponding class or category of other officers of the Indian Administrative Service or the Indian Police Service or, as the case may be, any comparable service, it may, notwithstanding anything contained in those sections, by general or special order and subject to such conditions and restrictions (including conditions as to refund, adjustment or recovery), as may be specified therein, make such provisions as it may deem fit for securing, so far as may be, parity in such cases. (2) Any order under sub-section (1) may be made so as to have retrospective effect. (3) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order."]


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