39. 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;
(b) in relation to the Indian Police Service, has the meaning assigned to it in the Indian Police
Service (Cadre) Rules, 1954;
(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 State of Himachal Pradesh a
State cadre of the Indian Administrative Service, a State cadre of the Indian Police Service and a State
cadre of the Indian Forest Service.
(3) The initial strength and composition of each of the said State cadres shall be such as the Central
Government may, by order, determine before the appointed day.
(4) Such of the 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 State cadre of Himachal Pradesh of the same Service with effect from such date or dates
as may be specified in the order.
(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 or regulations made thereunder in relation to the
State cadres of the said Services referred to in sub-section (2) or sub-section (4) and in relation to the
members of those services borne on the State cadres.
40. Provision relating to certain Services.—(1) On and from the appointed day, there shall be
constituted for the State of Himachal Pradesh the following Services, namely:—
(a) the Himachal Pradesh Administrative Service; and
(b) the Himachal Pradesh Police Service.
(2) The initial strength and composition of the cadres of the said Services shall be such as the
Administrator of the existing Union territory of Himachal Pradesh may, with the approval of the Central
Government, by order, determine before the appointed day.
(3) On and from the appointed day, the existing Delhi, Himachal Pradesh and Andaman and Nicobar
Islands Civil Service (hereinafter referred to as the existing Civil Service) shall be known as the Delhi and
Andaman and Nicobar Islands Civil Service and Delhi, Himachal Pradesh and Andaman and Nicobar
Islands Police Service (hereinafter referred to as the existing Police Service) shall be known as the Delhi
and Andaman and Nicobar Islands Police Service.
(4) Such members of the existing Civil Service as the Central Government may, by order, specify
shall be allocated to the cadre of the Himachal Pradesh Administrative Service and such members of the
existing Police Service as the Central Government may, by order, specify, shall be allocated to the cadre
of the Himachal Pradesh Police Service and any such order may specify the date or dates from which the
allocation made thereunder shall be effective.
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(5) All persons who are allocated under sub-section (4) and who immediately before the date on
which they are allocated, are borne on a Select List for promotion to a State cadre of an All-India Service,
shall be deemed to have been included in the same order as in that list in the Select List for promotion to
the State cadre of the same Service constituted under sub-section (2) of section 39.
(6) Subject to the foregoing provisions of this section, the rules and regulations applicable to or in
relation to the members of the existing Civil Service and the existing Police Service as in force
immeditefy before the appointed day shall, so far as may, be apply respectively to and in relation to the
members of the Himachal Pradesh Administrative Service and the Himachal Pradesh Police Service, until
altered, repealed or amended by the competent authority.
(7) Every member of the Central Health Service who immediately before the appointed day is holding
any post in the existing Union territory of Himachal Pradesh being a post included in the authorised
strength of that Service, 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 Himachal Pradesh 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 sub-section, “Central Health Service” means the Central Health Service
constituted under the Central Health Service Rules, 1963.
41. 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 Union territory of Himachal 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 Himachal Pradesh:
Provided that no directions shall be issued under this section after the expiry of a period of one year
from the appointed day:
Provided further that nothing in this section shall affect the operation of section 82 of the Punjab
Reorganisation Act, 1966 (31 of 1966).
(2) The provisions of this section shall not apply in relation to persons to whom the provisions of
sections 39 and 40 apply.
42. Other provisions as to services.—(1) Nothing in this section or sections 40 and 41 shall be
deemed to affect on or after the appointed day the operations 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 Himachal Pradesh:
Provided that the conditions of service applicable immediately before the appointed day in the case of
any person referred to in section 40 or section 41 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 allocated under section 40 or deemed
to have been allocated under section 41 in connection with the administration of Union territory of
Himachal Pradesh, shall be deemed to have been rendered in connection with the affairs of the State of
Himachal Pradesh for the purposes of the rules regulating his conditions of service.
43. 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
administration of the Union territory of Himachal Pradesh, shall continue to hold the same post or office
in the State of Himachal Pradesh 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 Himachal
Pradesh;
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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.
44. 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.
45. Power of Central Government to give directions.—The Central Government may give such
directions to the Government of the State of Himachal Pradesh as may appear to it to be necessary for the
purpose of giving effect to the foregoing provisions of this Part and also the provisions of Part IX of the
Punjab Reorganisation Act, 1966 (31 of 1966), and the State Government shall comply with such
directions.