88. Provisions relating to All India Services.—(1) In this section, the expression “State cadre”
(a) in relation to the Indian Administrative Service, has the same meaning assigned to it in
the Indian Administrative Service (Cadre) Rules, 1954 [IAS (cadre) rules, 1954];
(b) in relation to the Indian Police Service, has the same meaning assigned to it in the Indian
Police Service (Cadre) Rules, 1954 [IPS (cadre) rules, 1954]; and
(c) in relation to the Indian Forest Service, has the same meaning assigned to it in the Indian
Forest Service (Cadre) Rules, 1966 [IFS (cadre) rules, 1954].
(2) The members of the cadres of Indian Administrative Service, Indian Police Service and Indian
Forest Service for the existing State of Jammu and Kashmir, on and from the appointed day, shall
29
continue to function on the existing cadres.
(3) The provisional strength, composition and allocation of officers currently borne on the existing
cadre of Jammu and Kashmir to the Union territory of Jammu and Kashmir and Union territory of
Ladakh, as referred to in sub-section (2) shall be such as the Lieutenant Governor of Union territory of
Jammu and Kashmir may, by order, determine on or after the appointed day.
(4) The members of each of the said services, currently borne on the Jammu and Kashmir cadre
immediately before the appointed day shall be finally allocated between the successor Union territory
of Jammu and Kashmir and Union territory of Ladakh, in such manner and with effect from such date
or dates as the Central Government may, by order, specify on the recommendation of Lieutenant
Governors of Union territory of Jammu and Kashmir; and Union territory of Ladakh.
(5) The Officers so allocated to both the Union Territories shall function within these Union
Teritories, in accordance with the rules framed by the Central Government.
(6) In future, the All India Service officers to be posted to Union territory of Jammu and Kashmir
or Union territory of Ladakh, as the case may be, shall be borne on the Arunachal Goa Mizoram
Union territory cadre, and necessary modifications in corresponding cadre allocations rules may be
made accordingly, by the Central Government.
89. Provisions relating to other services.—(1) Every person who immediately before the
appointed day is serving on substantive basis in connection with the affairs of the existing State of
Jammu and Kashmir shall, on and from that day provisionally continue to serve in connection with the
affairs of the Union territory of Jammu and Kashmir and Union territory of Ladakh, by general or
special order of the Lieutenant Governor of Union territory of Jammu and Kashmir:
Provided that every direction under this sub-section issued after the expiry of a period of one year
from the appointed day shall be issued with the consultation of the Government or Administration of
the successor Union territories, as the case may be.
(2) As soon as may be after the appointed day, the Lieutenant Governor of Jammu and Kashmir
shall, by general or special order, determine the successor Union territory to which every person
referred to in sub-section (1) shall be finally allotted for service, after consideration of option received
by seeking option from the employees, and the date with effect from which such allotment shall take
effect or be deemed to have taken effect:
Provided that even after the allocation has been made, Lieutenant Governor of Union territory of
Jammu and Kashmir may in order to meet any deficiency in the service, depute officers from one
successor Union territory to the other Union territory.
(3) Every person who is finally allotted under the provisions of sub-section (2) to a successor
Union territory shall, if he is not already serving therein, be made available for serving in the
successor Union territory from such date as may be agreed upon between the Government of the
successor Union territory of Jammu and Kashmir and Administration of Union territory of Ladakh, or,
in default of such agreement, as may be determined by the Central Government:
Provided that the Central Government shall have the power to review any of its orders issued under
this section.
90. Other provisions relating to services.—(1) Nothing in this section or in section 89 shall be
deemed to affect, on or after the appointed day, the operation of the provisions of Chapter I of Part
XIV of the Constitution in relation to determination of the conditions of service of persons serving in
connection with the affairs of the Union or any Union territory:
Provided that the conditions of service applicable immediately before the appointed day in the case
of any person deemed to have been allocated to the Union territory of Jammu and Kashmir or Union
territory of Ladakh under section 89 shall not be varied to his disadvantage except with the previous
approval of the Lieutenant Governor.
30
(2) All services prior to the appointed day rendered by a person,—
(a) if he is deemed to have been allocated to any Union territory under section 89, shall be
deemed to have been rendered in connection with the affairs of that Union territory;
(b) if he is deemed to have been allocated to the Union in connection with the administration of
the successor Union territory, shall be deemed to have been rendered in connection with the affairs
of the Union, for the purposes of the rules regulating his conditions of service.
(3) The provisions of section 89 shall not apply in relation to members of any All-India Service.
91. 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 existing State of Jammu and Kashmir in any area which on that day falls within one
of the successor Union territory shall continue to hold the same post or office in that successor Union
territory, and shall be deemed, on and from that day, to have been duly appointed to the post or office
by the Government of, or other appropriate authority in, that successor Union territory:
Provided that nothing in this section shall be deemed to prevent a competent authority, on and from
the appointed day, from passing in relation to such person any order affecting the continuance in such
post or office.
92. Provision for employees of Public Sector Undertakings, etc.—On and from the appointed
day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies
shall continue to function in such undertaking, corporation or autonomous bodies for a period of one
year and during this period the corporate body concerned shall determine the modalities for
distributing the personnel between the successor Union territories.
93. Provisions as to State Public Service Commission.—(1) The Public Service Commission for
the existing State of Jammu and Kashmir shall, on and from the appointed day, be the Public Service
Commission for the Union territory of Jammu and Kashmir.
(2) The Union Public Service Commission, with the approval of the President, shall serve the
needs of the Union territory of Ladakh.
(3) The persons holding office immediately before the appointed day as the Chairman or other
member of the Public Service Commission for the existing State of Jammu and Kashmir shall, as from
the appointed day, be the Chairman or, as the case may be, the other member of the Public Service
Commission for the Union territory of Jammu and Kashmir.
(4) Every person who becomes the Chairman or other member of the Public Service Commission
for the Union territory of Jammu and Kashmir on the appointed day under sub-section (3) shall be
entitled to receive from the Government of the Union territory of Jammu and Kashmir, conditions of
service not less favourable than those to which he was entitled under the provisions applicable to him.
(5) The report of the Jammu and Kashmir Public Service Commission as to the work done by the
Commission in respect of any period prior to the appointed day shall be presented to the Lieutenant
Governor of the Union territory of Jammu and Kashmir, and the Lieutenant Governor of the Union
territory of Jammu and Kashmir 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 Union territory of Jammu and Kashmir.