Bare Acts

PART VIII PROVISIONS AS TO SERVICES


59. 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) The strength and composition of the State Cadre of Goa shall, on and from the appointed day, be
such as is determined by the Central Government in consultation with the State Government.
(3) The members of each of the said Services borne on the Union territories cadre immediately before
the appointed day shall continue to be in the cadre of the same service of the Union territory in which they
stand allocated before the appointed day.
(4) 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, in relation to the State cadres
of the said services and in relation to the members of those services borne on the said cadres.
60. Provisions relating to other services.—(1) Every person employed in connection with the affairs
of the Union territory or the State of Goa and serving, immediately before the appointed day, in the
district of Goa of the existing Union territory shall, on and from that day,—
(a) continue to serve in connection with the affairs of the State of Goa; and
(b) be deemed to be provisionally allotted to serve in connection with the affairs of the said State:
Provided that nothing in clause (b) shall apply to a person to whom the provisions of section 59 apply
or to a person on deputation from any State.
(2) As soon as may be after the appointed day, the Central Government shall by general or special
order, determine whether every person referred to in clause (b) of sub-section (1) shall be finally allotted
for service in the State of Goa or under the Union in connection with the affairs of the Union territory of
Daman and Diu 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 Goa or
the Union shall, if he is not already serving therein or thereunder be made available for serving in that
State or under the Union from such date as may be agreed upon between the State of Goa and the Union
or in default of such agreement, as may be determined by the Central Government.
(4) As soon as may be after the Central Government passes orders finally allotting an employee in
terms of sub-section (2), the State of Goa or the Union shall take steps to integrate him into the services
under its control in accordance with such special or general orders or instructions as may be issued by the
Central Government from time to time in this behalf.
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(5) The Central Government may, by order establish one or more Advisory Committees for the
purpose of assisting it in regard to—
(a) the division of the services between the State of Goa and the Union; and
(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this
section and the proper consideration of any representations made by such persons:
Provided that notwithstanding anything to the contrary contained in any law or rule for the time being
in force, no representation shall be against any order passed by the competent authority on matters arising
out of the division and integration of services under this Act, on the expiry of three months from the date
of publication or service, whichever is earlier, of such order:
Provided further that, notwithstanding anything contained in the preceding proviso, 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 employee.
(6) Nothing in this section 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 the determination of the
conditions of service of persons serving in connection with the affairs of the State of Goa or the Union:
Provided that the conditions of service applicable immediately before the appointed day to the case of
any person referred to in sub-section (1) or sub-section (2) shall not be varied to his disadvantage except
with the previous approval of the Central Government.
(7) All service prior to the appointed day rendered by a person allotted under sub-section (2) in
connection with the affairs of the existing Union territory shall for purposes of the rules regarding his
conditions of service, be deemed to have been rendered in connection with the affairs of the State or the
Union to which he is finally allotted.
(8) The provisions of this section other than clause (a) of sub-section (1) shall not apply in relation to
any person to whom the provisions of section 59 apply.
61. Provisions as to continuance of officers in the 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 shall continue to hold the same post or office and shall be deemed,
on and from that day, to have been duly appointed on the same terms and conditions of appointment and
on the same tenure to that post or office by the Government of, or the other appropriate authority, in the
State of Goa or of the Union, as the case may be:
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.
62. Powers of Central Government to give directions.—The Central Government may give such
directions to the State Government as may appear to it to be necessary for the purpose of giving effect to
the foregoing provisions of this Part and the said Government shall comply with such directions. 

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