71. 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.
The Bihar Reorganisation Act, 2000 25
(2) In place of the cadres of the Indian Administrative Service, Indian Police
Service and Indian Forest Service for the existing State of Bihar, there shalL on and
from the appointed day, be two separate cadres, one for the State of Bihar and the
other for the State of Jharkhand in respect of each of these services.
(3) The initial strength and composition of the State cadres referred to in subsection (2) shall be such as the Central Government may, 'by order, determine
before the appointed day.
(4) The members of each of the said service borne on the Bihar cadre thereof
immediately b~fore the appointed lay hall be allocated to the State cadres of the
same service constituted under sub-sectiorl (2) 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, on or after
the appointed day, of the All-India Service Act, 1951 (61 of 1951), or the rules made
thereunder.
72.Provisions relating to services in Bihar and Jharkhand
(1) Every person who immediately before the appointed day is serving in
connection with the affairs of the existing State of Bihar shall, on and from that day
provisionally continue to serve in connection with the affairs of the State of Bihar
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 Jharkhand:
Provided that no direction shall be issued under this section after the expiry
of a period of one year from the appointed day.
(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 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 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 Governments concerned or in default of such agreement, as may be determined
by the Central Government.
73. Other provisions relating to services
(1) Nothing in section 72 shall be deemed to affect on or after th~ 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 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 Bihar or to the State of Jharkhand under section 72 shall not be varied to his
disadvantage except with the previous approval of the Central Government.
26 The Bihar Reorganisation Act, 2000
(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 72,
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 Jharkhand 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 72, shall not apply in relation to members of any
All-India Service.
74.Provisions as to continuance of officers in same post
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 Bihar in any area which on that day fails 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 any 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.
75. 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.
76. Power of Central Government to give directions
The Central Government may give such directions to the State Government
of Bihar and the State Government of Jharkhand 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.
77. Provisions as to State Public Service Commission
(1) The Public Service Commission for the existing State of Bihar shall, on and
from the appointed day, be the Public Service Commission for the State of Bihar.
The Bihar Reorganisation Act, 2000 27
(2) The persons holding office immediately before the appointed day as
Chairman or other member of the Public Service Commission for the existing State
of Bihar shall, as from the appointed day, be the Chairman or, as the case may be,
the other rr,ember of the Public Service Commission for the State of Bihar.
(3) Every person who becomes Chairman or other member of the Public
Service Commission for the State of Bihar on the appointed day under sub-section
(2), shall-
(a) be entitled to receive from the Government of the State of Bihar
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 Bihar 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 Bihar and
Jharkhand, and the Governor of the State of Bihar 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
Bihar 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 Jharkhand.