Bare Acts

PART VII PROVISIONS AS TO SERVICES


35. Provision relating to All-India Services.—Every member of the Indian Administrative Service,
the Indian Police Service and the Indian Forest Service who, immediately before the appointed day, is
holding any post in the existing Union territory of Arunachal Pradesh shall, until 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 Arunachal Pradesh on the same terms and conditions of service as are
applicable to him under the relevant cadre rules:
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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, “cadre rules” means the Indian Administrative Service (Cadre) Rules,
1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as
the case may be.
36. Provisions relating to other services.—(1) 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 existing Union territory of Arunachal Pradesh 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 Arunachal Pradesh:
Provided that no directions shall be issued under this section after the expiry of a period of one year
from the appointed day.
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of
section 35 apply.
37. Other provisions as to services.—(1) Nothing in this section or section 36 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 State of Arunachal Pradesh:
Provided that the conditions of service applicable immediately before the appointed day in the case of
any person referred to in section 36 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 deemed to have been allocated under
section 36 in connection with the administration of the existing Union territory of Arunachal Pradesh,
shall be deemed to have been rendered in connection with the affairs of the State of Arunachal Pradesh
for the purposes of the rules regulating his conditions of service.
38. Provisions as to continuance of officers in same posts.—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 Union territory of Arunachal Pradesh shall continue to hold the same post or office 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 Arunachal Pradesh on the same terms and
conditions of appointment and on the same tenure as he was holding the post or office immediately before
that day:
Provided that nothing in this section shall be deemed to prevent a competent authority on or after the
appointed day from passing in relation to such person any order affecting his continuance in such post or
office.
39. 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 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.
40. Prohibition of representation after certain period.—Notwithstanding anything to the contrary
contained in any law or rule for the time being in force, no representation shall lie against any order
passed under the provisions of this Part on the expiry of three months from the date of publication or
service, whichever is earlier, of such order:
Provided that the Central Government may, suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that it
is necessary so to do in order to prevent any miscarriage of justice to any affected person.
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41. Power of Central Government to give direcions.—The Central Government may give such
directions to the Government of the State of Arunachal Pradesh 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.

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