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THE UTTAR PRADESH REORGANISATION ACT, 2000

Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART VIII

PROVISIONS AS TO SERVICES


72.Provisions relating to All-India Services.


72. 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; and

(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.(2) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Uttar Pradesh, there shall, on and from the appointed day, be two separate cadres, one for the State of Uttar Prade h and the other for the State of Uttaranchal in respect of each of these services.

(3) The initial strength and composition of the State cadres referred to in sub-section (2) shall be such as the Central Government may, by order, determine before the appointed day.

(4) The members of each of the said services borne on the Uttar
Pradesh cadre thereof immediately before the appointed day shall be allocated to the State cadres of the same service constituted under sub-section (2) in such manner and with effect from su h date or dates as the Central Government may, by order, specify.

(5) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All-India Services Act, 1951 (61.of 1951), or the rules made thereunder.


73.Provisions relating to other services.


73. Provisions relating to other services.-(1) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Uttar Pradesh shall, on and from that day provisionally continue to serve in connecti n with the affairs of the State of Uttar Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Uttaranchal:

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 Governments of the successor States.

(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect fr m 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 a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Govern ents concerned or in default of such agreement, as may be determined by the Central
Government.


74.Other provisions relating to services.


74. Other provisions relating to services.-(1) Nothing in this section or in section 73 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 he conditions of service of persons serving in connection with the affairs of the
Union or any State:

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 Uttar Pradesh or to the State of Uttaranchal the previous approval of the Central Government. under section 73.shall not be varied to his disad antage except with

(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
73, 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 Uttaranchal, 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 73, shall not apply in relation to members of any All-India Service.


75.Provisions as to continuance of officers in same post.


75. Provisions as to continuance of officers in same post.-(1) 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 Uttar Pradesh in any area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or ny other appropriate authority in that successor State:

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.


76.Advisory Committees.


76. 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.


77.Power of Central Government to give directions.


77. Power of Central Government to give directions.-The Central
Government may give such directions to the State Government of Uttar
Pradesh and the State Government of Uttaranchal as may appear to it to be necessary for the purpose of giving effect to t e foregoing provisions of this Part and the State Government shall comply with such directions.


78.Provisions as to State Public Service Commission.


78. Provisions as to State Public Service Commission.-(1) The Public
Service Commission for the existing State of Uttar Pradesh shall, on and from the appointed day, be the Public Service Commission for the
State of Uttar Pradesh.

(2) 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 Uttar Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the oth r member of the Public
Service Commission for the State of Uttar Pradesh.

(3) Every person who becomes the Chairman or other member of the
Public Service Commission for the State of Uttar Pradesh on the appointed day under sub-section (2), shall-

(a) be entitled to receive from the Government of the State of Uttar
Pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him;

(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.

(4) The report of the Uttar Pradesh 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 the States of Uttar Pradesh and Uttaranchal, and the
Governor of the State of Uttar Pradesh 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 accepte , the reasons for such non-acceptance to be laid before the Legislature of the State of Uttar Pradesh 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 Uttaranchal.


PART

MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES
Last updated on May, 2015
Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART VIII

PROVISIONS AS TO SERVICES


72.Provisions relating to All-India Services.


72. 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; and

(c) in relation to the Indian Forest Service, has the meaning assigned to it in the Indian Forest Service (Cadre) Rules, 1966.(2) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian Forest Service for the existing State of Uttar Pradesh, there shall, on and from the appointed day, be two separate cadres, one for the State of Uttar Prade h and the other for the State of Uttaranchal in respect of each of these services.

(3) The initial strength and composition of the State cadres referred to in sub-section (2) shall be such as the Central Government may, by order, determine before the appointed day.

(4) The members of each of the said services borne on the Uttar
Pradesh cadre thereof immediately before the appointed day shall be allocated to the State cadres of the same service constituted under sub-section (2) in such manner and with effect from su h date or dates as the Central Government may, by order, specify.

(5) Nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the All-India Services Act, 1951 (61.of 1951), or the rules made thereunder.


73.Provisions relating to other services.


73. Provisions relating to other services.-(1) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Uttar Pradesh shall, on and from that day provisionally continue to serve in connecti n with the affairs of the State of Uttar Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Uttaranchal:

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 Governments of the successor States.

(2) As soon as may be after the appointed day, the Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect fr m 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 a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Govern ents concerned or in default of such agreement, as may be determined by the Central
Government.


74.Other provisions relating to services.


74. Other provisions relating to services.-(1) Nothing in this section or in section 73 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 he conditions of service of persons serving in connection with the affairs of the
Union or any State:

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 Uttar Pradesh or to the State of Uttaranchal the previous approval of the Central Government. under section 73.shall not be varied to his disad antage except with

(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
73, 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 Uttaranchal, 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 73, shall not apply in relation to members of any All-India Service.


75.Provisions as to continuance of officers in same post.


75. Provisions as to continuance of officers in same post.-(1) 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 Uttar Pradesh in any area which on that day falls within any of the successor States shall continue to hold the same post or office in that successor State, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or ny other appropriate authority in that successor State:

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.


76.Advisory Committees.


76. 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.


77.Power of Central Government to give directions.


77. Power of Central Government to give directions.-The Central
Government may give such directions to the State Government of Uttar
Pradesh and the State Government of Uttaranchal as may appear to it to be necessary for the purpose of giving effect to t e foregoing provisions of this Part and the State Government shall comply with such directions.


78.Provisions as to State Public Service Commission.


78. Provisions as to State Public Service Commission.-(1) The Public
Service Commission for the existing State of Uttar Pradesh shall, on and from the appointed day, be the Public Service Commission for the
State of Uttar Pradesh.

(2) 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 Uttar Pradesh shall, as from the appointed day, be the Chairman or, as the case may be, the oth r member of the Public
Service Commission for the State of Uttar Pradesh.

(3) Every person who becomes the Chairman or other member of the
Public Service Commission for the State of Uttar Pradesh on the appointed day under sub-section (2), shall-

(a) be entitled to receive from the Government of the State of Uttar
Pradesh conditions of service not less favourable than those to which he was entitled under the provisions applicable to him;

(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.

(4) The report of the Uttar Pradesh 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 the States of Uttar Pradesh and Uttaranchal, and the
Governor of the State of Uttar Pradesh 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 accepte , the reasons for such non-acceptance to be laid before the Legislature of the State of Uttar Pradesh 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 Uttaranchal.


PART

MANAGEMENT AND DEVELOPMENT OF WATER RESOURCES
Last updated on May, 2015

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