STRUCTURE AND FUNCTIONS OF RAJYA SABHA SECRETARIAT

Secretariats. The independence of the Rajya Sabha Secretariat is ensured through the
following provisions:
(i) The Rajya Sabha Secretariat (Recruitment and Conditions of Service)
Rules were framed and promulgated with effect from 15 March 1957, by the
President of India, in consultation with the Chairman, Rajya Sabha, under article
98(3) of the Constitution of India. These Rules have the force of law. The
powers conferred on the Chairman by these Rules are exercised by him through
Recruitment and Conditions of Service Orders issued from time to time.
(ii) Posts in the Secretariat of Rajya Sabha are excluded from the purview of
the Union Public Service Commission (UPSC) under the provisions of the UPSC
(Exemption from Consultation) Regulations, 1958.
(iii) The Administrative Tribunals Act, 1985, is not applicable to persons
appointed in the Rajya Sabha Secretariat. Any dispute regarding service matters
can be raised only in the High Court of Delhi and the Supreme Court of India.
(iv) In matters of recruitment of Officers and staff to both the Secretariats the
Union Public Service Commission (UPSC) is not consulted. Two Secretariats
directly recruit personnel under the orders of their respective Presiding Officers
whenever necessity for such a recruitment arises. Earlier, there was a Joint
Recruitment Cell for both the Rajya Sabha Secretariat and the Lok Sabha
Secretariat to hold recruitment examinations/ interviews for selecting candidates
for appointments. However, in the year 2008, Rajya Sabha Secretariat has got its
separate recruitment cell.
(v) Question of revision of pay scales of officers and staff of the Secretariat
has been kept outside the purview of the Pay Commissions appointed by the
Government of India from time to time. Before 1973, on the basis of
recommendations made by the Central Pay Commissions, the pay, allowances,
etc. of the officers and staff of the Secretariat used to be suitably revised under
orders issued by the Chairman after consulting the Ministry of Finance.
Thereafter, separate Parliamentary Pay Committees were constituted in the light
of the recommendations of the Third, Fourth, Fifth and Sixth Central Pay
Commissions in 1973, 1986, 1997 and 2008, respectively for deciding pay,
allowances, etc. of the employees of the Rajya Sabha and Lok Sabha Secretariats.
The present Parliamentary Pay Committee consists of Chairman, Estimates
Committee, Chairman, Public Accounts Committee, Chairman, Public
Undertakings Committee, Minister of Finance, Minister of Parliamentary Affairs
and a Member of Rajya Sabha. Chairman, Estimates Committee is the ex-officio
Chairman of the Committee and both Secretaries-General of Lok Sabha and Rajya
Sabha are associated with the Committee.
(vi) According to well established convention, the orders applicable to the
Ministries/ Departments of the Government of India do not ipso facto, apply to
the officers and staff of the Secretariats of the two Houses, unless explicitly
adopted for this purpose. The orders of Government of India are adopted in the