(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 be 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 1961), or the said services constituted under sub-section (2) and in relation to the members of those services borne on the said cadres.
(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 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 be order establish one or more Advisory Committees for the purpose of assisting it in regard to-
(a) The division and integration of the service among the States of Maharashtra and Gujarat; and
(b) The ensuring of fair and equitable treatment to all persons effected 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.
Every person who, immediately before the appointed day, is holding or discharging the duties of any post or office 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 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.
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.
(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.
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