Bare Acts

PART VIII PROVISIONS AS TO SERVICES


61. Provisions relating to All-India Services.—(1) In this section, the expression “joint cadre”,—
(a) in relation to the Indian Administrative Service, has the meaning assigned to it in the Indian
Administrative Service (Cadre) Rules, 1954;
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police
Service (Cadre) Rules, 1954; and
(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest
Service (Cadre) Rules, 1966.
(2) On and from the appointed day, there shall be constituted for the States of Assam and Meghalaya a
joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint cadre
of the Indian Forest Service.
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[(3) On and from the appointed day, there shall be constituted for the States of Manipur and Tripura
and joint cadre of the Indian Administrative Service, a joint cadre of the Indian Police Service and a joint
cadre of the Indian Forest Services.]
(4) The initial strength and composition of each of the joint cadres referred to in sub-sections (2) and
(3) shall be such as the Central Government may, by order, determine before the appointed day.
(5) The members of each of the said Services borne on the Assam cadre thereof immediately before
the appointed day shall be allocated to the joint cadre of the same Service constituted under sub-section (2)
and to the Union territories cadre of that Service in such manner and with effect from such date or dates as
the Central Government may, by order, specify.
(6) Such members of each of the said Services borne on the Union territories cadre thereof
immediately before the appointed day, as the Central Government may, by order, specify, shall be
allocated to the joint cadre of the same Service constituted under sub-section (3) with effect from such
date or dates as may be specified in the order.
(7) Every person who, being a member of a State Civil Service of the existing State of Assam, is borne
on a Select List for promotion to the Assam cadre of an All-India Service immediately before the
appointed day shall, unless he is deemed to have been allocated to the Union under section 64, be deemed
to have been included in the same order as in that List, in the Select List for promotion to the joint cadre of
the same Service constituted under sub-section (2).
(8) Every person who, being a person deemed to have been allocated under section 62 for service in
connection with the affairs of the State of Manipur or the State of Tripura, is borne on a Select List for
promotion to the Union territories cadre of an All-India Service immediately before the appointed day,

1. Sub-section (3) shall stand substituted (date to be notified) by Act 39 of 2012, s. 2 to read as under:
“(3) On and from the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, there
shall be constituted each for the State of Manipur and for the State of Tripura a separate cadre of the Indian Administrative
Service, a separate cadre of the Indian Police Service and a separate cadre of the Indian Forest Service.
(3A) The initial strength and composition of the State cadres referred to in sub-section (1) shall be such as the Central
Government may, by order, determine before the date of commencement of the North-Eastern Areas (Reorganisation)
Amendment Act, 2012.
(3B) The members of each of the said services borne on the joint cadre for the States of Manipur and Tripura in each
category of the All-India Services immediately before the commencement of the North-Eastern Areas (Reorganisation)
Amendment Act, 2012 shall be allocated to the State cadres of the same service constituted under sub-section (1) in such manner
and with effect from such date or dates as the Central Government may, by order, specify.
(3C) Nothing in this section shall be deemed to affect the operation, on or after the commencement of the North-Eastern
Areas (Reorganisation) Amendment Act, 2012, of the All-India Services Act, 1951 (61 of 1951), or the rules and regulations
made thereunder.”
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shall be deemed to have been included in the same order as in that List, in the Select List for promotion to
the joint cadre of the same Service constituted under sub-section (3).
(9) Every person who, being a person deemed to have been allocated to the Union under section 64, is
borne on a Select List for promotion to the Assam cadre of an All-India Service immediately before the
appointed day, shall be deemed to have been included in the Select List for promotion to the Union
territories cadre of the same Service and his position in the said Select List shall be determined by the
Central Government in consultation with the Union Public Service Commission.
(10) 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 or regulations made thereunder.
62. Provision relating to Services in Manipur and Tripura.—Every person who immediately before
the appointed day is serving in connection with the affairs of the Union under the administrative control of
the Administrator of the Union territory of Manipur, or the Administrator of the Union territory of Tripura
(including a person who has been placed on deputation by the Administrator concerned with any other
authority), shall, unless otherwise directed by an order of the Central Government, be deemed to have
been allocated for service as from that day in connection with the affairs of the State of Manipur or, as the
case may be, of the State of Tripura:
Provided that no direction shall be issued under this section after the expiry of a period of one year
from the appointed day.
63. Special provisions relating to members of Central Health Service.—Notwithstanding the
provisions of section 62, every member of the Central Health Service who immediately before the
appointed day is holding any post in the Union territory of Manipur or the Union territory of Tripura,
being a post included in the authorised strength of that Service, shall, unless otherwise directed by the
Central Government, be deemed to be on deputation on and from the appointed day, to the Government of
the State of Manipur or, as the case may be, of the State of Tripura on the same terms and conditions of
service as are applicable to him under the Central Health Service Rules, 1963, but without any deputation
allowance:
Provided that the period of such deputation shall in no case extend beyond a period of three years from
the appointed day.
Explanation.—In this section, “Central Health Service” means the Central Health Service constituted
under the Central Health Service Rules, 1963.
64. Provisions relating to Services in the existing State of Assam.—(1) Such persons serving in
connection with the affairs of the existing State of Assam (including persons borne on any cadre of that
State and serving under the Government of the autonomous State of Meghalaya or on deputation to any
other Government or authority) as may be determined at any time before or after the appointed day,—
(a) by agreement between the Government of the existing State of Assam and the Government of
the autonomous State of Meghalaya or between the Government of the State of Assam and the
Government of the State of Meghalaya, as the case may be, or
(b) in default of any such agreement, by the Central Government,
may, notwithstanding anything in their terms of appointment or their conditions of service,—
(i) in a case referred to in clause (a), by one or more orders made by the Government of the
existing State of Assam or the Government of the State of Assam, as the case may be, or
(ii) in a case referred to in clause (b), by one or more orders made by the Central Government,
be required to serve in connection with the affairs of the State of Meghalaya and every such person shall
accordingly be deemed to have been allocated to that State with effect from such date as may be specified
in the order.
(2) Such persons serving in connection with the affairs of the existing State of Assam (including
persons borne on any cadre of the existing State of Assam and serving under the Government of the
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autonomous State of Meghalaya or on deputation to any other Government or authority), as the Central
Government may, at any time before or after the appointed day, determine after consultation with the
Government of the existing State of Assam or the Government of the State of Assam, as the case may be,
may, notwithstanding anything in the terms of their appointment or their conditions of service, by one or
more orders made by the Central Government, be required to serve in connection with the administration
of the Union territory of Mizoram, and every such person shall, accordingly, be deemed to have been
allocated to the Union with effect from such date as may be specified in the order:
Provided that every person borne on any cadre of the existing State of Assam and serving in the Mizo
District immediately before the appointed day shall, unless otherwise directed by the Administrator of the
Union territory of Mizoram, continue to serve on and from the appointed day, in connection with the
administration of that Union territory until any order is made under this sub-section in respect of such
person or the expiry of a period of three years from the appointed day, whichever is earlier.
65. Provisions relating to Services in the autonomous State of Meghalaya.—Every person who
immediately before the appointed day is serving in connection with the affairs of the autonomous State of
Meghalaya (including a person on deputation from the Government of that autonomous State to any other
Government or authority), not being a person to whom section 64 applies, shall be deemed to have been
allocated to serve as from that day in connection with the affairs of the State of Meghalaya.
66. Other provisions relating to Services.—(1) Nothing in this section or sections 62 to 65 (both
inclusive) 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 conditions of service of persons
serving in connection with the affairs of the State of Manipur, Meghalaya or Tripura or the Union territory
of Mizoram:
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 State of Manipur or the State of Tripura under section 62
or to the State of Meghalaya under sub-section (1) of section 64 or section 65 or to the Union under
sub-section (2) of section 64 shall not be varied to his disadvantage except with the previous approval of
the Central Government.
(2) All services prior to the appointed day rendered by a person—
(a) if he is deemed to have been allocated to any State under section 62 or section 64 or
section 65, shall be deemed to have been rendered in connection with the affairs of that State,
(b) if he is deemed to have been allocated to the Union in connection with the administration of
the Union territory of Mizoram, 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 sections 62, 64 and 65 shall not apply in relation to members of any All-India
Service.
67. Provisions as to continuance of officers in same posts.—(1) Every person who, immediately
before the appointed day is holding or discharging the duties of any post or office in connection with the
administration of the Union territory of Manipur or Union territory of Tripura, shall continue to hold the
same post or office in the State of Manipur, or, as the case may be, in the State of Tripura 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 the State concerned.
(2) Where a 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 Assam and, as from the appointed
day, such duties become duties in connection with the affairs of the State of Meghalaya or administration
of the Union territory of Mizoram, then, he shall continue to hold the same post or office in that State or
Union territory and shall be deemed, on and from that day, to have been duly appointed to the post or
office by the Government or Administrator of, or other appropriate authority in, that State or Union
territory, as the case may be.
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(3) Where a 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 autonomous State of Meghalaya and, as from the
appointed day, such duties become duties in connection with the affairs of the State of Meghalaya, then, he
shall continue to hold the same post or office in the State of Meghalaya 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, the State of Meghalaya.
(4) Nothing in sub-section (1) or sub-section (2) or sub-section (3) shall be deemed to prevent a
competent authority, on and from the appointed day, from passing in relation to any person referred to in
that sub-section any order affecting his continuance in such post or office.
68. Advisory Committees.—The Central Government may, by order, establish one or more Advisory
Committees for the purpose of assisting it in regard to—
(a) the discharge of any of its functions under this Part; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this
Part and the proper consideration of any representations made by such persons.
69. Power of Central Government to give directions.—The Central Government may give such
directions to the State Governments of Assam, Manipur, Meghalaya and Tripura and to the Administrator
of the Union territory of Mizoram as may appear to it to be necessary for the purpose of giving effect to
the foregoing provisions of this Part and the State Governments and the Administrator shall comply with
such directions.
70. Provisions as to State Public Service Commission.—(1) The Public Service Commission for the
existing State of Assam shall, on and from the appointed day, be deemed to be the Public Service
Commission for the State of Assam.
(2) Every person holding office immediately before the appointed day as Chairman or other member
of the Public Service Commission for the existing State of Assam 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 State of
Assam.
(3) Every person who becomes Chairman or other member of the Public Service Commission for the
State of Assam on the appointed day under sub-section (2) shall—
(a) be entitled to receive from the Government of the State of Assam conditions of service not less
favourable than those to which he was entitled under the provisions applicable to him immediately
before the appointed day; and
(b) subject to the proviso to clause (2) of article 316, hold office or continue to hold office until
the expiration of his term of office as determined under the provisions applicable to him immediately
before the appointed day. 

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