67. 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) In place of the cadres of the Indian Administrative Service, Indian Police Service and Indian
Forest Service for the existing State of Madhya Pradesh, there shall, on and from the appointed day, be
two separate cadres, one for the State of Madhya Pradesh and the other for the State of Chhattisgarh 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 service borne on the Madhya 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 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.
68. Provisions relating to services in Madhya Pradesh and Chhattisgarh.—(1) Every person who
immediately before the appointed day is serving in connection with the affairs of the existing State of
Madhya Pradesh shall, on and from that day provisionally continue to serve in connection with the affairs
of the State of Madhya 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 Chhattisgarh:
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.
69. Provisions relating to other services.—(1) Nothing in this section or section 68 shall be deemed
to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the
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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 Madhya Pradesh or to the State of Chhattisgarh
under section 68 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—
(a) if he is deemed to have been allocated to any State under section 68, 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 Chhattisgarh 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 68, shall not apply in relation to members of any All-India Service.
70. Provisions as to continuance of officers in same post.—(1) Every person who, immediately
before the appointed day is holding or discharging duties of any post or office in connection with the
affairs of the existing State of Madhya 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
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.
71. 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.
72. Power of Central Government to give directions.—The Central Government may, give such
directions to the State Government of Madhya Pradesh and the State Government of Chhattisgarh as may
appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this Part and the
State Governments shall comply with such directions.
73. Provisions as to State Public Service Commission.—(1) The Public Service Commission for
the existing State of Madhya Pradesh shall, on and from the appointed day, be the Public Service
Commission for the State of Madhya Pradesh.
(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 Madhya Pradesh shall, as from the appointed day,
be the Chairman or, as the case may be, the other member of the Public Service Commission for the State
of Madhya Pradesh.
(3) Every person who becomes Chairman or other member of the Public Service Commission for the
State of Madhya Pradesh on the appointed day under sub-section (2), shall—
(a) be entitled to receive from the Government of the State of Madhya 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 Madhya 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 Madhya Pradesh and Chhattisgarh, and the Governor of the
State of Madhya 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
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Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of
the State of Madhya 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 Chhattisgarh.
74. Jurisdiction of the Commissions, Authorities and Tribunals.—(1) Notwithstanding anything
contained in any law for the time being in force, every Commission, Authority, Tribunal, University,
Board or any other body constituted under a Central Act, State Act or Provincial Act and having
jurisdiction over the existing State of Madhya Pradesh shall on and from the appointed day continue to
function in the successor State of Madhya Pradesh and also exercise jurisdiction as existed before the
appointed day over the State of Chhattisgarh for a maximum period of two years from the appointed day
or till such period as is decided by mutual agreement between the successor States—
(i) to continue such body as a joint body for the successor States; or
(ii) to abolish it, on the expiry of that period, for either of the successor States; or
(iii) to constitute a separate Commission, Authority, Tribunal, University, Board or any other
body, as the case may be, for the State of Chhattisgarh,
whichever is earlier.
(2) No suit or other legal proceeding shall be instituted, in case such body is abolished under
clause (ii) of sub-section (1), by any employee of such body against the termination of his appointment or
for the enforcement of any service conditions or for securing absorption in alternative public employment
against the Central Government or any of the successor States.
(3) Notwithstanding anything contained in any law for the time being in force or in any judgment,
decree or order of any court or Tribunal or contract or agreement, any Chairman or member of any body
abolished under clause (ii) of sub-section (1) shall not be entitled to any compensation for the unexpired
period of his tenure.
(4) Notwithstanding anything contained in this section or any law for the time being in force, the
Central Government, shall, in accordance with any mutual agreement between the successor States or if
there is no such agreement, after consultation with the Governments of the successor States, issue
directions for the resolution of any matter relating to any body referred to in sub-section (1) and falling
within the jurisdiction of any of the successor States within any period referred to in sub-section (1).