NORTH-EASTERN AREAS (REORGANISATION) AMENDMENT ACT, 2012

NORTH-EASTERN AREAS (REORGANISATION) AMENDMENT ACT, 2012

Preamble - THE NORTH-EASTERN AREAS (REORGANISATION) AMENDMENT ACT, 2012

THE NORTH-EASTERN AREAS (REORGANISATION) AMENDMENT ACT, 2012

[Act No. 39 of 2012]

[21st December, 2012]

PREAMBLE

An Act further to amend the North-Eastern Areas (Reorganisation) Act, 1971.

Be it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:--

Section 1 - Short title and commencement

(1)     This Act may be called the North-Eastern Areas (Reorganisation) Amendment Act, 2012.

(2)     It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint[1].

Section 2 - Amendment of section 61 of Act 81 of 1971

In section 61 of the North-Eastern Areas (Reorganisation)Act, 1971, for sub-section (3), the following sub-sections shall be substituted, namely:--

"(3) ?On and from the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, there shall be constituted each for the State of Manipur and for the State of Tripura a separate cadre of the Indian Administrative Service, a separate cadre of the Indian Police Service and a separate cadre of the Indian Forest Service.

(3A) The initial strength and composition of the State cadres referred to in sub-section (1) shall be such as the Central Government may, by order, determine before the date of commencement of the North-Eastern Areas (Reorganisation) Amendment Act. 2012.

(3B) The members of each of the said services borne on the joint cadre for the States of Manipur and Tripura in each category of the All-India Services immediately before the commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012 shall be allocated to the State cadres of the same service constituted under sub-section (1) in such manner and with effect from such date or dates as the Central Government may, by order, specify.

(3C) Nothing in this section shall be deemed to affect the operation, on or after the commencement of the North-Eastern Areas (Reorganisation) Amendment Act, 2012, of the All-India Services Act, 1951(61 of 1951), or the rules and regulations made thereunder.".

Statement of Objects and Reasons - NORTH-EASTERN AREAS (REORGANISATION) AMENDMENT ACT, 2012

STATEMENT OF OBJECTS AND REASONS

1.        The North-Eastern Areas (Reorganisation) Act, 1971 was enacted with a view to providing for the establishment of the States of Manipur and Tripura and also for the formation of the State of Meghalaya and for matters connected therewith.

2.        Section 61 of the aforesaid Act contains provisions relating to the All-India Services. Sub-section (3) of the said section provides for the constitution of a joint cadre each of the Indian Administrative Service, the Indian Police Service and the Indian Forest Service for the States of Manipur and Tripura. The law relating to recruitment and conditions of service of persons appointed to the All-India Services is contained in the All-India Services Act, 1951 and the rules and regulations made thereunder.

3.        At present, there is a joint cadre of the All-India Services for the States of Manipur and Tripura. The demand for bifurcation of the joint Manipur and Tripura cadre in respect of each of the aforesaid Services was initially raised by the then Chief Minister of Tripura in the year 2004. The issue was discussed in several review meetings. A meeting of the Cadre Controlling Authorities of the All-India Services, namely, the Department of Personnel and Training, the Ministry of Home Affairs and the Ministry of Environment and Forests was convened on the 12th January, 2009 wherein it was recommended to split the joint Manipur and Tripura All-India Service Cadres into two independent State cadres. The proposal for splitting the joint Manipur and Tripura cadre of the All-India Services was considered by the Central Government after consultation with the stakeholders.

4.        Accordingly, it is proposed to amend section 61 of the North-Eastern Areas (Reorganisation) Act, 1971 relating to All-India Services to give effect to the said proposal.

5.        The Bill seeks to achieve the above objects.