80. Provisions relating to All-India Services.—(1) In this section, the expression “State cadre”—
(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the
Indian Administrative Service (Cadre) Rules, 1954, and
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police
Service (Cadre) Rules, 1954.
(2) In place of the cadres of the Indian Administrative Service and the Indian Police Service existing
in the State of Bombay immediately before the appointed day, there shall, as from that day, be two
separate cadres, one for the State of Maharashtra, and the other for the State of Gujarat, in respect of each
of these services.
(3) The initial strength and composition of each of the State cadres shall be such as the
Central Government may by order determine before the appointed day.
(4) The members of each of the said services borne on those cadres for the State of Bombay
immediately before the appointed day shall be allocated to the State cadres of the same service for each of
the States of Maharashtra and Gujarat in such manner and with effect from such date or dates as the
Central Government may, by order, specify.
(5) Nothing in this section shall be deemed to affect the operation, after the appointed day, of the
All-India Services Act, 1951 (61 of 1951), or the rules made thereunder in relation to the State cadres of
the said services constituted under sub-section (2) and in relation to the members of those services borne
on the said cadres.
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81. Provisions relating to other services.—(1) Every person who, immediately before the appointed
day, is serving in connection with the affairs of the State of Bombay shall, as from that day, provisionally
continue to serve in connection with the affairs of the State of Maharashtra, unless he is required, by
general or special order of the Central Government, to serve provisionally in connection with the affairs
of the State of Gujarat.
(2) As soon as may be after the appointed day, the Central Government shall, by general or special
order, determine the State to which every person provisionally allotted to the State of Maharashtra or
Gujarat, shall be finally allotted for service and the date with effect from which such allotment shall take
effect or be deemed to have taken effect.
(3) Every person who is finally allotted under the provisions of sub-section (2) to the State of
Maharashtra or Gujarat shall, if he is not already serving therein, be made available for serving in that
State from such date as may be agreed upon between the two State Governments or, in default of such
agreement, as may be determined by the Central Government.
(4) The Central Government may by order establish one or more Advisory Committees for the
purpose of assisting it in regard to—
(a) the division and integration of the services among the States of Maharashtra and Gujarat; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this
section and the proper consideration of any representations made by such persons.
(5) The foregoing provisions of this section shall not apply in relation to any person to whom the
provisions of section 80 apply.
(6) Nothing in this section shall be deemed to affect, after the appointed day, the operation of the
provisions of Chapter I of Part XIV of the Constitution in relation to the determination of the conditions
of service of persons serving in connection with the affairs of the State of Maharashtra or Gujarat:
Provided that the conditions of service applicable immediately before the appointed day to the case of
any person provisionally or finally allotted to the State of Maharashtra or Gujarat under this section shall
not be varied to his disadvantage except with the previous approval of the Central Government.
82. Provisions as to continuance of officers in same post.—Every person who, immediately before
the appointed day, is holding or discharging the duties of any post or office in connection with the affairs
of the State of Bombay in any area which on that day falls within the State of Maharashtra or Gujarat
shall continue to hold the same post or office in that State and shall be deemed, as from that day, to have
been duly appointed to the post or office by the Government of, or other appropriate authority in, that
State:
Provided that nothing in this section shall be deemed to prevent a competent authority, after the
appointed day, from passing, in relation to such person, any order affecting his continuance in such post
or office.
83. Power of Central Government to give directions.—The Central Government may give such
directions to the State Governments of Maharashtra and Gujarat as may appear to it to be necessary for
the purpose of giving effect to the foregoing provisions of this Part and the State Government shall
comply with such directions.
84. Provisions as to Bombay Public Service Commission.—(1) The Public Service Commission for
the State of Bombay shall, as from the appointed day, become the Public Service Commission for the
State of Maharashtra.
(2) The report of the Bombay Public Service Commission as to the work done by the Commission in
respect of any period prior to the appointed day shall be presented under clause (2) of article 323 to the
Governors of Maharashtra and Gujarat, and the Governor of Maharashtra shall, on receipt of such report,
cause a copy thereof together with a memorandum explaining, as far as possible, as respects the cases, if
any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be
laid before the Legislature of the State of Maharashtra and it shall not be necessary to cause such report or
any such memorandum to be laid before the Legislative Assembly of the State of Gujarat.