Page:Jammu and Kashmir Reorganisation Act, 2019.pdf/25

This page needs to be proofread.
SEC. 1]
THE GAZETTE OF INDIA EXTRAORDINARY
25


(b) if he is deemed to have been allocated to the Union in connection with the administration of the successor Union territory, 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 89 shall not apply in relation to members of any All-India Service.

Provisions as to continuance of officers in same post. 91. 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 Jammu and Kashmir in any area which on that day falls within one of the successor Union territory shall continue to hold the same post or office in that successor Union territory, and shall be deemed, on and from that day, to have been duly appointed to the post or office by the Government of, or other appropriate authority in, that successor Union territory:

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.

Provision for employees of Public Sector Undertakings, etc. 92. On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the successor Union Territories.

Provisions as to State Public Service Commission. 93. (1) The Public Service Commission for the existing State of Jammu and Kashmir shall, on and from the appointed day, be the Public Service Commission for the Union territory of Jammu and Kashmir.

(2) The Union Public Service Commission, with the approval of the President, shall serve the needs of the Union territory of Ladakh.
(3) 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 Jammu and Kashmir 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 Union territory of Jammu and Kashmir.
(4) Every person who becomes the Chairman or other member of the Public Service Commission for the Union territory of Jammu and Kashmir on the appointed day under subsection (3) shall be entitled to receive from the Government of the Union territory of Jammuand Kashmir, conditions of service not less favourable than those to which he was entitled under the provisions applicable to him.
(5) The report of the Jammu and Kashmir Public Service Commission as to the work done by the Commission in respect of any period prior to the appointed day shall be presented to the Lieutenant Governor of the State of Jammu and Kashmir, and the Lieutenant Governor of the Union territory of Jammu and Kashmir 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 nonacceptance to be laid before the Legislature of the Union territory of Jammu and Kashmir.
PART XIV
LEGAL AND MISCELLANEOUS PROVISIONS

Amendment of section 15 of Act 37 of 1956. 94. On and from the appointed day, in section 15 of the States Reorganisation Act, 1956, in clause (a), for the words “Jammu and Kashmir” the words “Union territory of Jammu and Kashmir and Union territory of Ladakh” shall be substituted.

Territorial extent of laws. 95. (1) All Central laws in Table -1 of the Fifth Schedule to this Act, on and from the appointed day, shall apply in the manner as provided therein, to the Union territory of Jammu and Kashmir and Union territory of Ladakh.