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RE-INVENTING THE AGMUT AND DANICS CADRES

CIVIL SERVICES FOR THE INDIAN UNION TERRITORIES


BY: R. P. Meena BE (MECHANICAL), GDMM, MDM (AIM-MANILA)

2010

RE-INVENTING THE AGMUT AND DANICS CADRES

THE CONTENTS 1. INTRODUCTION................................................................................... 4 2. THE UNION AND ITS TERRITORIES................................................... 4 3. THE STATE AND ITS ADMINISTRATION ............................................. 5 3.1. State Administration ............................................................................. 6 3.2. District Administration ............................................................................ 6 3.3. Regional Level Administration .............................................................. 7 3.4. Recommendations of second Administrative Reform Commission: ...... 7 4. THE UNION TERRITORIES .................................................................. 7 5. THE ADMINISTRATIVE SET-UP OF AGMUT CONSTITUENTS........ 9 5.1 Arunachal Pradesh .............................................................................. 10 5.2. Goa...................................................................................................... 10 5.3. Mizoram ............................................................................................... 11 5.4. The National Capital Territory of Delhi................................................. 11 5.5. Chandigarh .......................................................................................... 12 5.6. Puducherry .......................................................................................... 12 5.7. Andaman and Nicobar Islands ............................................................ 12 5.8 Lakshadweep ...................................................................................... 13 5.9. Daman and Diu ................................................................................... 13 5.10.Dadra & Nagar Haveli.......................................................................... 13 6. THE SERVICES UNDER THE UNION AND ITS STATES .................. 13 6.1. The Constitutional Provisions ............................................................... 15 6.2. The Central Civil Services and The All India Services ......................... 16 6.4. The State Civil Services ...................................................................... 18 6.5. The IAS Recruitment and Cadre Rules...............................................19 7. THE ESTABLISHMENT OF UT CIVIL SERVICES .............................. 24 7.1 The DANICS Cadre Rules ................................................................... 26 7.2. The Cadre Strength of DANICS .......................................................... 26 8. A COMPARISION OF THE AGMUT vs OTHER STATE CADRES ... 27 8.1. The Cadre Strength of IAS .................................................................. 28 8.2. The Status of IAS in The Largest and Tiniest UT vs a State .............. 29 9. SUGGESTIONS TO REFORM THE AGMUT CADRE ........................ 30 10. CONCLUSION .................................................................................... 33

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ABREVIATIONS

AGMUT- Arunachal Pradesh, Goa, Mizoram and Union Territories Cadre AGMArunachal Pradesh, Goa and Mizoram AISAll India Service CSECivil Service Examination CSSCentral Secretariat service DANICS- The National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Service DASSDelhi Administrative Subordinate Service GOIGovernment of India GPGrade Pay HAGHigher Administrative Grade ICSIndian Civil Service IFASIndian Frontier Administrative service IASIndian Administrative Service IPSIndian Police Service IFSIndian Forest Service JAGJunior Administrative Grade MHAMinistry of Home Affairs NEFANorth-East Frontier Agency PCSPondichery Civil Service PBPay Band Rs Indian Rupees SPSCState Public Service Commission UTUnion Territory UPSCUnion Public Service Commission All Rights Reserved with the Author

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1.

INTRODUCTION

The emphasis of this paper to study logical facts related to the rules framed by the Central Government in respect of the All India Services particularly the IAS from 1951 to 2010 for the Union Territories. The papers also intend to trace the origin and formation of the Local/Provincial Civil Services and the Central Civil Services for administration of the Union Territories. I am infusing my ideas to reframe rules as intended by the Constitution makers for the good governance of the centrally administered territories and placement of the IAS officers in AGMUT constituents on the principle of equality to tap their talent at par with the other state cadres. The paper is purely an academic work for those who are interested to analyse the rules to improve career progression of the civil servant in the Union Territories. The AGMUT is a joint cadre of the All India Service (AIS) for Arunachal Pradesh, Goa, Mizoram (AGM) and Union Territories (UTs). There are three AIS namely IAS, IPS and IFS. There are also two Central civil services namely The Delhi, Andaman & Nicobar, Dadra Nagar Haveli and Daman & Diu and Lakshadweep Civil Service Popularly known by Acronym DANICS for the UTs mentioned in the name itself, and the Puduchery Civil Service for the Union Territory, Puduchery. Similarly, the police services also exist for these UTs. The IAS/IPS, the DANICS/DANIPS, the Puduchery civil and police services officers are recruited through a common Civil Service Examination by the Union Public Service Commission (UPSC). The Ministry of Home Affairs (MHA), Government of India is the Cadre management authority for these services. So let us take the IAS and the DANICS to understand the scope to reorganise AGMUT Cadre in accordance with the constitutional provisions to make it relevant to the AGM States and the UT administrations to provide effective delivery mechanism for the peoples welfare and to improve leadership in the development management at par with the other state administration. Therefore, it would be appropriate to understand the constitutional provisions, Acts and the rules related to public services of the Union and States. It is also important to know difference between the states and the UTs from the constitutional provisions for reinventing the cadre management of these services. The Constitution of India defines and delineates the boundaries of the Union and its Territories i.e. States and UTs which is discussed hereunder. 2. *THE UNION AND ITS TERRITORY The first article of the Constitution of India defines Union and its territories i.e States and Union Territories. These are dealt in different chapters of the

* The Constitution of India (As modified up to the 1st December, 2007) Government of India Ministry of Law and Justice.

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constitution. Article -1 of the constitution categorise three types of Territories which is given below; (1) India, that is Bharat, shall be a Union of States. (2) The States and the territories thereof shall be as specified in the First Schedule. (3) The territory of India shall comprise(a) the territories of the States; 2[(b) the Union territories specified in the First Schedule; and] (c) Such other territories as may be acquired. In 1950, when the Constitution was adopted, the country consisted of four types of Provinces/Territories: Part A, B, C and D. The Part A and B states were headed by the Governors and Rajpramukh respectively. The Part C and D were administered directly by the President of India. Part-D territories were without the legislature, but only such territory in the beginning was the Andaman and Nicobar Islands. The Government also appointed a States Reorganization Commission in 1953. On the recommendations of this Commission, the Indian Union was divided into 14 States (consisting of Andhra Pradesh, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala, Madhya Pradesh, Madras, Mysore, Orissa, Punjab, Rajasthan, Uttar Pradesh and West Bengal) and 6 Union Territories (consisting of Andaman and Nicobar Islands, Delhi, Himachal Pradesh, Laccadive Minicoy and Amindivi Islands, Manipur and Tripura). The Constitution (Seventh Amendment) Act, 1956, omitted the words and letters specified in Part A or Part B of the First Schedule and clause 30 of Article 366 was inserted to define Union Territories mentioned in the First Schedule in place of the words Part-C and Part-D states. During the course of the next 15 years, and later in 1986-87 some more restructuring took place. Presently, India has 28 states and 7 Union Territories as specified in the First Schedule. 3. THE STATE AND ITS ADMINISTRATION Article 366(15) of the constitution define state in following words: Indian State means any territory which the Government of the Dominion of India recognised as such a State; Part VI to XI of The Constitution of deals with the states which are replica of the Union and provide similar to the Union separate legislative, executive functions for each state being the federal unit of the Union. The State consists of Governor, Legislature of one or two houses. The state has jurisdiction on the subject mentioned in State List-II of the First Schedule of the Constitution which ensures federal structure of the India. The Union Government does not interfere in

Chapter-4 of 15th Report of 2nd Administrative Report-page-94.

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the matter of state subjects and any legislation/law relating to the state subjects cannot be enacted by the Union without consultation of the states. The Governor of state is a nominee of the Union Government as link between the Centre and State. State Public Service is a state subject at serial no.40 of the State List-II. The15th Report of 2nd Administrative Reform Commission highlight the common structure in the state administration may be seen for understanding the responsibilities and functions at the district and regional level of officers in the state. The Administrative System at apex level of the state is similar to the Union Government. 3.1. State Administration The Constitution of India gives a special role and responsibility to the State Governments for preserving the public order and ensuring the welfare of citizens. The Seventh Schedule which clearly demarcates the legislative and functional domain of the Union and the States, highlights the critical role envisaged for State Governments in fulfilling the aspirations set out in the Directive Principles of State Policy. 3.2. District Administration Historically the district, in some form or the other has been the most important unit of administration in the Indian sub-continent. The East India Company treated the District as the focal point of its revenue administration within British India. In 1786 the districts were reorganised into regular fiscal units each under a Collector. The British Parliament was the first legislature in respect of India in modern times and enactments created and gave substance to the district head of administration, known as the Collector (in respect of revenue administration), the District Magistrate (in respect of administration of criminal justice) or the Deputy Commissioner (in respect of General Administration and special functions / powers under local tenancy laws. Until the 73rd and 74th amendments to the Constitution, the governance structure of India was two-tiered comprising the Union Government and the State Governments. With the constitutionally mandated establishment of Panchayati Raj Institutions and Municipal bodies, it has become necessary to re-examine and redefine the role of the district administration. It is imperative that the devolution of decision making to local levels should face no impediments. It is equally imperative that the unique administrative experience, expertise and credibility of the office of the District Collector built up over a period of two hundred years is properly utilized.

. Chapter-2 of 15th Report of 2nd Administrative Report.. .Chapter-3 of 15th Report of 2nd Administrative Report-page-59.

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3.3. ** Regional Level Administration Towards the beginning of the 19th century, it was felt by the East India Company that keeping an eye on districts spread over far flung areas was becoming difficult and there was need to create an intermediate level of functionaries who could effectively supervise and control functioning of 4-5 districts. The Company did not want this intermediate functionary to have direct powers / responsibilities for the departments which were assigned to the Collectors, yet, he was expected to be powerful enough to have supervisory control over them. Thus, the institution of the Divisional Commissioner was born in 1829. Gradually, the Division became an important hub of the British Administration around which almost all major departments of the government positioned their senior level officers, intermediate in rank between the official at the district level and the Agency Head located at the State headquarters. Theoretically, these positions serve two purposes:(a) A regional officer supervises the functioning of departmental officers posted in the districts (usually 4-5 in a division) and then he sends a consolidated report for this entire area to the State Government. 3.4. Recommendations of second Administrative Reform Commission: a) In view of the emergence of District as the key unit of field administration as the third tier of government - and with advancement in physical and electronic connectivity between the State Headquarters and the Districts, there is no need to have an intermediate level of administration between the two units of government. b) In order to take care of cadre management issues arising out of this step, suitable posts should be identified by respective departments, in the major districts and at the Headquarters to be manned by senior officers who are presently eligible to head the regional offices. 4. THE UNION TERRITORIES It is seen above that immediately after 1950, four category of states find place in the First Schedule of the Constitution including the directly administered states Part C and D which were specified separately as Union Territories (UTs) in 1956. The Constitution under article 366(30) defines the Union Territory (UT) in following words;

** Paragraph -2.4.3on page 42 of 15th Report of 2nd Administrative Reform Commission

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(30) Union territory means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.] The Union consist of the President, Parliament, and Council of Minister which has the exclusive right on Union list-1 in addition to concurrent list-III. The subjects of State List-II in respect of the UTs are vested with the Union and administered directly by the central government. These UTs carved out for the purpose of regulation and good governance because of the historical and strategic geo-graphic importance for the nation. Some of the UTs in terms of area and population are smaller than a district of a state. The constitutions of India provide separate provisions for the administration of UTs and states. The Union Territories are part of the Union, administered directly by the President under Article 239 of Chapter VIII of the Constitution of India. These provisions are enough to understand the distinction between the States and the Union Territories. Moreover, all the Acts/Statutes and Rules under the constitution accordingly make separate provisions to distinguish the UTs from the states. The Union Government make laws for the UTs. For example, the Puduchery and Delhi are governed as per the Transaction of Business Rule-1963 under section-46 of Union Territory act-1963 and the Transaction of Business Rule-1993 under section-44 of The National Capital Territory Act-1993 respectively. Moreover, the President is authorised under Article 240 of the Constitution to regulate the administration of UTs, which provides that; (1) The President may make regulations for the peace, progress and good government of the Union territory of 4.1. Re-organisation of the Union Territories In1971, Himachal Pradesh which was a Union Territory got the Statehood. In April 1970, a separate Autonomous State of Meghalaya was created within Assam. The process of reorganization continued in the 1970s and 1980s. In 1972, as a result of the North-Eastern Areas Reorganization Act, 1971 which came into force in January 1972, Meghalaya, Manipur and Tripura emerged as three separate States in the northeast. Arunachal Pradesh and Mizoram were made Union Territories. In 1972, the Union Territories were seven in number: Andaman and Nicobar Islands, Delhi, Laccadive Minicoy and Amindivi Islands (in 1973 they were renamed as Lakshadweep), Goa, Daman and Diu, Mizoram, Arunachal Pradesh and Dadra and Nagar Haveli. The territory of Dadra and Nagar Haveli was in Portuguese occupation until its liberation by the people in 1954. From 1954 to 1961 the Territory functioned

1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch., for cl. (30)
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almost independently by what was known as Free Dadra and Nagar Haveli Administration. The territory was merged with the Indian Union in 1961. In 1986, the Constitution 53rd Amendment Act inserted a new article 371G conferring full statehood on Mizoram. The North-East Frontier Agency (NEFA) which was renamed as Arunachal Pradesh and made a Union Territory in 1972 also got a full statehood in December 1986. The territory comprising of Goa, Daman and Diu was since 1510 under the Portuguese continuously for about 450 years (except for a brief period during the later half of the 17th century when Shivaji conquered a few areas in and around Goa). On liberation from the Portuguese in 1961, it was made a composite Union Territory along with Daman and Diu. This continued for 26 years. In 1987, Goa was declared as the 25th State of the Indian Union by an Act of Parliament and Daman and Diu was made a separate Union Territory. Puducherry were parts of the French settlement in India for 138 years since 1816. This territory merged with the Indian Union in 1954 and since then have been a Union Territory. Currently, it is governed by a Lt. Governor with the support of a Council of Ministers. Before Independence, Delhi was one of the six Chief Commissioners provinces (others provinces were British Baluchistan, Ajmer Mewar, Coorg, Andaman and Nicobar Islands and Panth Piploda). In 1950, when the Constitution came into existence, it was made a Part C State. On reorganization of States in 1956, Delhi became a Union Territory under the direct control of the President through the Chief Commissioner. In 1966, under the Government of Union Territories Act 1966 an Executive Council was created for the Capital. This arrangement continued till the Government of National Capital Territory Act-1991 under this a Legislature with limited power came into existence. Punjab was divided into two new States viz. Punjab and Haryana (1966). Their joint capital Chandigarh was declared a Union Territory under an Administrator, which post is held ex-officio by the Governor of Punjab. Brief details relating to the administration of Union Territories and states of the AGMUT cadre are given herein. 5. THE ADMINISTRATIVE SET-UP OF AGMUT CONSTITUENTS In the year 1971-72, there were 7 UTs and north eastern region was reorganised forming new states and UTs. This process of consolidation of states and UTs also reshaped the public service of these units of administration. The AIS( Recruitment/Cadre) Rule-1954 were also amended in tune with these changes due to the re-organisation of UTs and States. However, in view of emerging smaller states the joint cadre were formed although the UTs continued to be treated as state under these rules in spite of the separate constitutional provisions. It is also pertinent to mention that the NEFA region was considered for the separate civil service due its special circumstances and the strategic

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importance. The separate civil service called India Frontier Administration Service (IFAS) was established in 1957 for this region but it was vanished on the advent of rules of Joint Cadre for the group of states under the IAS(cadre) Rule,1972. The UT Cadre was organised as separate cadre under the Joint Cadre Rules-1972 which was transformed into the AGMUT cadre when 3 states formed from the UTs, namely Goa, Arunachal Pradesh, and Mizoram in 1986-87. So, presently AGMUT consists of 3 states and 7 UTs. having total 45 districts out of which 21 districts are in the UTs. The districts like Lakshadweep, Diu, Nicobar and the districts of Puduchery are even smaller than the Taluka/subdivision of the other states in terms of the area and population. The Delhi is a uni-district for the judicial purpose but divided into 9 revenue districts. The districts in Delhi have the limited functions because it is governed under the different acts of Parliament. Arunachal Pradesh and Mizoram were also had the uni- district administration before attaining the statehood, which are presently having 16 and 8districts respectively. Like other states these newly formed AGMUT constituent states, recruits officers of State Civil Service through their respective State Public Service Commission from aspirants of the local population of concerned state i.e. Arunachal Pradesh, Goa and Mizoram. A glance at the existing structure of the administration in the AGMUT constituents provides basis for the comparison between a State and UT administrations of the AGMUT constituents vis a vis the other state administrations. 5.1. Arunachal Pradesh In 1986 a separate Act (the State of Arunachal Pradesh Act 1986) was enacted and the State of Arunachal Pradesh came into existence in the year 1987. It is situated in the North-Eastern part of India with 83743 sq. kms area. Arunachal is the largest state area-wise in the north-east region, even larger than Assam. As per census, 2001, population of state is 1,091,117 and 54.74 percent literacy. The state has 60 Member of Legislative Assembly, and 2 Loksabha and one Rajyasabha Member of Parliament represents the state at the Union. It has 16 districts, 36 Sub-divisions and 57 blocks. State civil service is the backbone of administration who hold post up to the level of District Magistrate who are also subsequently promoted to the IAS. 5.2. Goa Goa was part of Union territory of Goa, Daman & Diu till 30 May 1987 when emerged as separate state. Goa covers an area of 3702 square kilometers and comprises two Revenue district viz North Goa and South Goa with headquarters at Panaji and

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Margao respectively. The entire State comprises 11 talukas. As per 2001 census, the population of the State is 13,42,998. 5.3. Mizoram At the commencement of the Constitution, Mizoram was a District in Assam. The District was separated from Assam and raised first to the status of a Union Territory in 1972 and then to full Statehood in 1987. The State has three autonomous district councils catering to three non Mizo minority tribes- Mara, Lai and Chakma. Presently there are 8 districts and 26 blocks in Mizoram. As per census 2001, total population of Mizoram is 4,59,783. Total area of state is 21,087 square kilometres. It has a legislature with 40 members, one each Loksabha and Rajyasabha Member of Parliament represent the state at the Union. Literacy is 88.49 percent which is second highest in the country. 5.4. The National Capital Territory of Delhi Due to its strategic location, Delhi has been a seat of power of several empires in its long history. The evolution of administration in Delhi has been conditioned by the fact that Delhi remains the seat of both the Union Government and the local government. Delhi became the seat of the Union Government in a federal polity. At the time of Independence, Delhi was a Chief Commissioners province and when the Constitution became effective, it became a part C State with its own Legislative Assembly. It became a Union Territory in 1956 and was governed by an Administrator appointed by the President under Article 239 of the Constitution designated as Chief Commissioner now changed to Lt. Governor. A year later, two landmark legislations, the DMC and the DDA Acts were enacted to plan and promote the growth and development of the city. Later The Government of National Capital Territory Act, 1991 was passed and Delhi got a legislative assembly and a Council of Ministers. The subjects of Public Order, Police, NDMC, DDA and Land Resource Management (Entries 1, 2 and 18 of the State list) were however kept outside the purview of the Assembly and the Chief Minister. The Lt. Governor exercises exclusive powers over these matters. The Delhi has seven Members of Parliament and 9 Revenue/police districts but it continued as single district for the purpose of judiciary. The National Capital Territory of Delhi is spread over an area of 1,484 km2. There are three local bodies (statutory towns) namely, Municipal Corporation of Delhi (area is 1,397.3 km2), New Delhi Municipal Committee (42.7 km2) and Delhi Cantonment Board (43 km2). It is the eighth largest metropolis in the world by population with more than 12.25 million inhabitants in the territory.

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5.5. Chandigarh The Punjab Reorganization Act of 1966 provided, inter-alia, that all laws applicable in Punjab on 1.1.1996 would also continue to apply to the Union Territory. The UT is administered by the Union Government through an Administrator appointed under Article 239 of the Constitution. Since 1984 the Administrator has been the Governor of Punjab. Apart from the four posts of Advisor to the Administrator, Inspector General of Police, Conservator of Forests and Chairman of the Housing Board manned by AGMUT officers, all other posts are filled up either by deputation of officers from the Governments of Punjab and Haryana in the ratio of 60:40, or by direct recruitment by Chandigarh Administration. It covers an area of approximately 114 km. it has population 900,635 as per census-2001 and its density of population is of 7,900 /km2 . It has a unidistrict administration and represented by one Member of Parliament in Loksabha. 5.6. Puducherry The Union Territory of Puducherry is administered under the provisions of the Government of Union Territories Act, 1963. At present, the Puducherry has 30 elected members Legislative Assembly with a Chief Minister and Council of Ministers. The legislature has the powers to legislate in respect of the subjects under the State and Concurrent lists of Schedule 7 of the Constitution. However, being a Union Territory, the administration is directly controlled and supervised by the Union Government through the Lt. Governor (Administrator) appointed for this purpose particularly with regard to the administrative and financial matters. In order to discharge the legislative and administrative functions, the Rules of Business of the Government of Puducherry was framed in 1963 under the Government of Union Territories Act, 1963. The Union Territory of Puducherry is 479 Sq.Kms. in area and has a population of 9,74,345 according to the 2001 census. The density of population of the Union Territory is 2034 persons/Sq.Km. The Territory has four districts and ninety eight village panchayats. 5.7. Andaman and Nicobar Islands The territory of the Andaman and Nicobar Islands comprises of a group of 572 islands, islets and rocks lying in the south-eastern part of the Bay of Bengal. It has a total geographical area of 8249 sq. kms. and 38 of its islands are inhabited. There are three districts, namely North and Middle Andamans, South Andamans and Nicobar. The total population of the UT as per the 2001 census is 3,56,152 with a population density of 43 per sq. km The Administration of the Union Territory of Andaman and Nicobar Islands is controlled and supervised by the Ministry of Home Affairs, Government of India through the Lt. Governor (Administrator) appointed under Article 239 of the Constitution and in terms of the Government of Union Territories Act, 1963.

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5.8. Lakshadweep The Union Territory of Lakshadweep with a total land area of 32 sq.km, consists of ten inhabited and 17 uninhabited islands, four newly formed islets and 5 submerged reefs. Considering the lagoon area of 4,200 Sq.kms, 20,000 Sq.kms of territorial waters and about 4 lakhs Sq.kms. of economic zone, Lakshadweep is a fairly large territory. Kavaratti, Amini, Kadmat, Agatti, Bitra, Andrott, Kalpeni, Kiltan, Chetalat and Minicoy islands, popularly known as Laccadives. Its total population is 60,650 with an urban component of 44.47%. Its literacy rate is 86.7%. It consists of only one district which is a Lok Sabha Constituency too. Formed as a Union Territory in 1956, it was named Lakshadweep in 1973. It was brought under the direct control of the Ministry of Home Affairs. Since then it is being administered by the Union Government through an Administrator appointed for this purpose. Comprising of a single district, it is the smallest UT in the Indian Union. 5.9. Daman and Diu Located on the Western Coast Daman & Diu is the second smallest Union Territory of India. Till 1987, Daman & Diu were parts of the UT of Goa. When Goa became a full fledged State, Daman & Diu were converted into a separate UT, consisting of 2 districts Daman & Diu. It has an area 112 Sq.Km. with a population of 1,58,204 and literacy rate 78.20%. 5.10. Dadra & Nagar Haveli Dadra & Nagar Haveli came under Portuguese Rule between 1783 and 1785. It became a Union Territory in 1961. Silvassa. The UT of Dadra & Nagar Haveli with a population of 2,20,490 and literacy rate of 57.6% consists of two separate enclaves. Dadra is surrounded by the State of Gujarat, whereas Nagar Haveli lies on the borders between Maharashtra and Gujarat. Dadra consists of three villages and Nagar Haveli consists of a town named Silvassa and 68 villages with an area of 491 Sq.Km.

THE SERVICES UNDER UNION AND ITS STATES The construction of the Civil Services follows a certain pattern. The All India Services, Central Services and State Services constitute the Civil Services. The IAS or Indian Administrative Service replaced the ICS and the preindependence structure of all-India services, provincial or state services and central or Union government services was retained.

6.

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Some of the important Civil Services All India Services * Indian Administrative Service (IAS) * Indian Police Service (IPS) * Indian Forest Service (IFS) Central Civil Services - Group "A" *Indian Foreign Service (IFS) *Indian Revenue Service (IRS) - Income Tax *Indian Revenue Service (IRS) - Customs & Central Excise *Central Industrial Security Force (CISF) *Indian Audits & Accounts Service (IA&AS) *Indian Defence Accounts Service (IDAS) *Indian Defence Estate Service (IDES) *Indian Economic Service(IES) *Indian Ordnance Factory Services (IOFS) * Indian Post & Telecommunication Accounts and Finance Service (IP&TAFS) *Indian Railway Accounts Service (IRAS) *Indian Railway Traffic Service (IRTS) *Indian Information Service (IIS) *Indian Railway Personnel Service (IRPS) *Railways Protection Force (RPF) Central Civil Services - Group "B" *Central Secretariat Service * Defence Secretariat Service *Union Territories Administrative Service * Union Territories Police Service State Services *State Civil/Administrative Service *State Police Service *State Forest Service *Public Works Department The Constitutional provisions for Services under the Union and States prescribe for appointments separately in the Constitution of India, keeping in view the importance of responsibilities and functions at the both levels. The relevant provisions provide insight for scoping to improve the cadre management of AGMUT and the DANICS cadres.

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6.1. The Constitutional Provisions From Article 309 to 323 of the Constitution are related to the public services, but article 309 and article 312 are the foundation of organising the public services under which rules and laws are framed for the appointment in various services of the Union and state including the AIS. Therefore, these related provisions are quoted here in verbatim; Article-309; Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State This provision empower the States and the Union Government to frame rules/Regulation related to the recruitment and service conditions of the employees, and the legislature enact law to facilitate the governments to organise public services. So, the state services are organised by the states being state public service a state subject in the State List-II, whereas Central Civil Services are organised by the Union Government being Union Public Service in Union List-I of the First Schedule. It may be seen here that the Union Territories are not having power at par with the states because the UTs are administered by the Union under the Government of India (Allocation of Business) Rules, 1961 through the Ministry of Home Affairs(MHA). The AIS is common to the states and the Union, therefore, Article 312 of the Constitution of India made specific provision that the Central Government to consult the state governments to constitute such services. It is quoted below to understand the laws/rules made to this effect. Article-312. (1) Notwithstanding anything in 1[Chapter VI of Part VI or Part XI], if the Council of States has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India services 2[(including an all-India judicial service)] common to regulate the recruitment, and the conditions of service of persons appointed, to any such service. (2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be deemed to be services created by Parliament under this article. Further, the constitution also specify separately for the states and the Union about mechanism for the appointment of civil servants through respective Public Services Commissions which derive authority directly from Article-315 and 320 of the Constitution. These are given below to understand the difference between services at Central and state level in the federal polity of the country; Article-315. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission for each State.

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Artcle-320. (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services of the Union and the services of the State respectively. Accordingly, the Union Public Service Commission (UPSC) conducts the examinations for Union Public Services for the Central Government and the State Public Service Commission (SPSC) for the respective state. 6.2. The Central Civil Services and The All India Services The UPSC and public service in respect of the Union figures at serial no.70 of Union List-1 of the First schedule. The Union public services are organised under Article 309 of the Constitution of India, and such services are regulated under rules promulgated by the President of India. The recruitment to these services are made through all India competitive examinations by the UPSC . For example, Civil Services Examination, Combined Medical Services, Engineering Services and others. Similarly, the SPSC recruits State Civil/Police Service officers for the respective state who are considered for induction into the IAS/IPS under the promotion quota. 6.2.1. Central Civil Services All organised important civil services more than 20 Central Civil Services (Group- A) including the IAS/IPS, the DANICS/DANIPS and the Central Secretariat(CSS) Group B are recruited by the UPSC through a All India Competitive examination popularly known as Civil Service Examination conducted by the UPSC every year. The DANICS and CSS on the first promotion upgraded to the Group A and included among 45 Group- A services under the Union mentioned in the Schedule -1 Part-1 of the Civil Service Conduct Rule-1964. Two All India Services (AIS) namely IAS/IPS are also appointed through Civil Services Examination and the allocation of the IAS/IPS and Allied Services are made in the order of rank and preference of candidates. Since, the AISs are organised as common service for the Union and its federal states and placement of the AIS on deputation with the Union are managed under the Central Staffing Scheme. 6.2.2. The All India Services Immediately, after adoption constitution of India Parliament enacted under Article 312(1), THE ALL INDIA SERVICES ACT, 1951 to regulate the recruitment, and the conditions of service of persons appointed, to the All India Services common to the Union and the States. Section-3 of said act facilitates to frame the AIS rules/regulations which says that:

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(1) The Central Government may, after consultation with the Governments of the States concerned*** make rules for the regulation of recruitment, and the conditions of service of persons appointed to an All India Service. There are three All India Services (AIS). The IAS, IPS deemed to be AIS under Article-312 at the commencement of the Constitution. Later the Indian Forest Service(IFS) created under the AIS Act-1951. The IAS is the most important AIS therefore, rules, regulation for recruitment, service conditions and cadre management related to the IAS framed under the above said act are taken to analyse the definitions of state, state civil service, and cadre authorities adopted for the purpose of organising AGMUT cadre. The cadre management of each service ensure placement of officers of the respective service. Therefore, the rules of AIS require a re-look to reorganise the cadres as per constitutional provisions and the AIS Act-1951 which provide that IAS service is regulated by AIS Rules and should be placed in accordance to Rule of other state cadre viz-a-viz Central Staffing Scheme. So attention invited of reader toward the relevant rules of placement of the IAS with the Union to suggest reform of the AGMUT Cadre. 6.2.3. The Central Staffing Scheme: The Central Staffing Scheme provides a systematic arrangement for the selection and appointment of officers to senior administrative posts at Centre, excluding posts which are specifically encadred within the organised Group 'A' services or filled by recruitment through the Union Public Service Commission. Some posts of Deputy Secretary and Under Secretary under the Central Government are in the cadre strength of the Central Secretariat Service. These posts are filled in accordance with the rules of the CSS, and when so filled, stand outside the Central Staffing Scheme. Appointments to all other posts of the rank of Under Secretary and above in the Government of India are filled under the Central Staffing Scheme, by borrowing officer from the All India Services and participating Group 'A' services; the cardinal principle being that all officers who are so borrowed will serve the Government of India for a stipulated tenure on deputation and, thereafter, return to their parent cadre. Their growth, development and career prospects will be mainly in their own Service. The raison d'etre of such a scheme is the Centre's need for fresh inputs at senior levels in policy planning, formulation of policy and implementation of programmes from diverse sources, viz., the All-India Services and the participating organised Group 'A' Services. This two-way movement is of mutual benefit to the service cadres and the Government of India. In terms of the provisions of article 312 of the Constitution, the Indian Administrative Service, the Indian Police Service and the Indian Forest Service are all-India Services common to the Union and the States. Every State cadre of
3

*** Introduced by All India Services (Amendment) Act, 1958 (25 of 1958) enacted on 03.09.1958

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each of these Services provides for a central deputation quota which in turn requires additional recruitment to be made to these Services to provide for trained and experienced members of these services to serve on posts in the Central Government. Accordingly, utilisation of the central deputation quota of different State Cadres is an important factor governing the scale at which officers are borrowed from the various State cadres of these all-India Services. However, no post so filled by a member of any all-India Service on tenure deputation can be deemed to be a cadre post of that Service. Similarly, no individual member of an all-India Service can claim any right to a post or appointment under the Government of India on this ground. 6.4. The State Civil Services The name "Imperial Civil Service" was changed to Civil Service of India. However, the term "Indian Civil Service" (ICS) persisted. The acronym "ICS" continued to be used to denote the covenanted civil servants. The Provincial Civil Service was also constituted on the basis of the recommendations of the Aitchison Commission, and this Provincial Service consisted of two cadres, Provincial Civil Service and Subordinate Civil Service. Further developments took place as a result of the application of the scheme of cadre organization to the administrative departments. Thus, for example, the departments of Forest and Public Works had both the 'imperial, and 'provincial' branches. The basic pattern of the cadre system in the civil service was thus established following the recommendations of the Aitchison Commission. By 1934, the system of administration in India came gradually to consist of seven All India Services and five Central Departments, all under the control of the secretary of state, and three Central Departments under joint Provincial and Imperial control. The ICS and the Indian Police (Service) were in the 'transferred field', that is, the authority for the control of these services and for making appointments were transferred from the Secretary of State to the provincial governments. It seems relevant to mention that the All India and class I central services were designated as Central Superior Services as early as 1924 in the Lee Commission's report. Former secretary of State Service officers before independence popularly known as India Civil Service (ICS) worked in state public service at district and state administration in India. After independence, ICS is replaced by IAS. State Public service is a state subject at serial no 40 of State List-II of the First Schedule of the Constitution of India. Therefore, Article-312 prescribes that the AIS shall be organised in consultation with the states for appointment by the President of India because the AIS is a common service to the state and the Union. The AIS officers enrich Union Government through placement under the Central Staffing Scheme in policy formulation by virtue of vast experience in the state/state administration and at the secretariat level of concerned state. Similarly, in respect of the State public service recruitment is made by the State Public Service Commission constituted under Article 315 of the Constitution

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of India through State Level Competitive Examinations. Therefore, the State Civil Services according to the need of respective state are recruited by the State Government through the State Public Service Commission. The State Civil Services is a feeder service for the induction into the IAS for 1/3rd quota of the cadre strength. 6.5. The IAS Recruitment and Cadre Rules The recruitment rules, the Cadre rules/regulations of IAS were framed by the Central Government after consultation with the states concerned. The Union Territories are inserted as State under these rules in spite of facts that the UTs are part of the Central Government administered directly under Article 239 by the President. Moreover, the UTs are defined under article 366(30) of the Constitution inserted through the Seventh Constitutional Amendment-1956 at the time of Reorganisation of States in 1956. Unlike above constitutional definition, the UTs were inserted as state under definition in Rule 2(g) of IAS (Recruitment/Cadre) Rule-1954 in the same year. The inclusion of UTs as states in the IAS rules is contrary to the constitutional provisions and Section-3 of the AIS Act1951. States concerned was inserted through the All India Service (Amendment) Act-1958 in section-3 of the AIS Act.-1951 in view of reorganisation of states. The UTs are considered as states for the purpose of recruitment and cadre management of IAS which may be seen in following rules. 6.5.1. The IAS Recruitment Rules The IAS recruitment rules framed under subsection (1) of section 3 of the All-India Services Act, 1951 by the Central Government after consultation with the Government of the States concerned. These rules called the Indian Administrative Service (Recruitment) Rules, 1954 Definition clause related to state, Joint Cadre, State Civil Services , State Government Concerned and method of recruitment are quoted in verbatim below: Rule-2 (b) "Joint Cadre" and "State Cadre" have the meaning respectively assigned to them in the Indian Administrative Service (Cadre) Rules; (f) "State" means [a State specified in the first Schedule to Constitution and includes a Union Territory]; (g) "State Civil Service" means:(i) for the purpose of filling up the vacancies in the Indian Administrative Service Cadre for the Arunachal Pradesh, Goa, Mizoram, Union Territories under rule 9, any of the following Services, namely:a. the Delhi and Andaman and Nicobar Islands Civil Service;

Substituted with effect from 1-11-1956 vide MHA Notification No. 13 /21 / 56 /-AIS(III) dated 282-1958, and further amended with effect from 4-9-1958 vide MHA Notification No. 5 /25 /58-ASI(II)dated 8-71959. Substituted vide DP & T Notification No. 13013 /1/89-AIS(I) dated 24-1-72.

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b. the Goa Civil Service; c. the Pondicherry Civil Service; d. the Mizoram Civil Service e. the Arunachal Pradesh Civil Service (ii) in all other cases, any service or services approved for the purpose of these rules by the Central Government, in consultation with the State Government , a member of which normally holds charge of a sub-division of a district for purposes of revenue and general administration or posts of higher responsibility; (h) "State Government concerned", in relation to a Joint Cadre, means the Joint Cadre Authority. Rule-4(1). Method of recruitment of the Service- (a) Competitive examination (b) Induction by Promotion from State Civil Services. ****4(3) Notwithstanding anything contained in sub-rule (1), if in the opinion of the Central Government the exigencies of the service so require, the Central Government may, after consultation with the State Government and the Commission, adopt such methods of recruitment to the Service other than those specified in the said sub-rule, as it may by regulations made in this behalf prescribe. Rule 2(g)(i) above for the purpose of filling promotion quota was substituted in January 1972 including the DANICS/PCS along with other local civil services of the UTs as State Civil Service. This amendment took away the right and opportunities of induction into the IAS from the local service of UT viz. the DASS and others. In view of above rules, the DANICS is considered as State Civil service for the purpose of induction into the IAS under the IAS (Recruitment) rules. But one may easily infer the difference from the above discussion between a State Civil Service and the DANICS which is a Central Civil Service under DANICS Rule 2003, and equalising these two is not justified. The consultation with states by the Central Government is the spirit of organising the AIS under the AIS Act-1951. Unfortunately, the Union Territories are defined as State in the IAS rules are not in accordance with the Constitutional Provisions. These UTs were inserted in 1958 in the IAS rules in definition clause as state which is contrary to the definition of UT inserted under Article-366(30) in the Constitution separately in 1957. First, paragraph of the IAS rules begin with that the Central Government after consultation with the Government of the States make rules because such consultation is mandatory under the constitutional provisions in term of Article 312 and section-3 of the AIS Act-1951 for organising the AIS, because State Public Service is a state subject in respect of states being federal units of the Union. But contrary to the constitutional provisions, the Union Territories are defined as

Substituted vide D.P. & A.R. Notification No. 13 /4/ 71-AIS-I dated 11.1.72 **** Introduced vide MHA notification No.17/4/56-AIS(III) dated 14-5-56

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states in the rules framed under above said Act. It may be read in the relevant rules of the IAS cadre/recruitment and regulations given hereunder. 6.5.2. Appointment of the IAS through Promotion In pursuance of sub-rule (1) of rule 8 of the Indian Administrative Service (Recruitment) Rules, 1954, the Central Government in consultation with the State Governments and the Union Public Service Commission made the following regulations, called the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. 33 percent quota of IAS is filled by promotion through induction under these regulations.

The definition of State , State civil service are same as used under above rules of recruitment/cadre, but it is worth to note here definition of the state Government given under Regulation 2(k) of Regulations, 1955.
(k) State Government means (i) in relation to a State in respect of which a separate cadre of the Service exists, the Government of such State; and (ii) in relation to a group of States in respect of which a Joint Cadre of the Service is constituted, the Joint Cadre Authority. (iii) in relation to a group of Union Territories, and in respect of which a joint cadre of the Service is constituted, the Central Government. Regulation 2(k) (iii) in respect of the UTs the Central Government is treated as the State Government which means that the UT cadre as whole made equivalent to a State under the federal Government. In respect of the AIS under Article 312 and section-3 of the AIS act-1951 seek to consult the states not UTs which are distinct from the states. Therefore, a Joint Cadre of the UTs or clubbing with any other State is in violation of the constitutional provisions. 6.5.3. The IAS Cadre Rules Perhaps, the cadre were organised initially for all type of states i.e. Part-A, B, C & D. So probably to avoid inconvenience to the IAS officers due to reallocation, a concept of the joint cadre was introduced to a group of states. In 1956, the Part-C &D states like Himachal, Delhi and Andaman and Nicobar were declared as UTs and continued as part of the IAS cadres. The State Concerned in case of the Joint Cadre under Rule-2(b) of the IAS( Cadre) Rules-1954 is considered the Central Government as Joint Cadre Authority which is inconformity with section 3 of the AIS Act-1951. The relevant sections of the cadre rules are given below:
5 [

4 Substituted vide D.P. Notification No. 13/4/71-AIS (I), dated 11/1/72.

Omitted vide D.P. Not No. 1/1/72-AIS (I)-A, dated 12/10/72 and substituted vide Not No. 11/1/72-AIS(I)-A, dated 22/5/73 e

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(i) The Indian Administrative Service (Cadre) Rules, 1954 Above Rule-2(b) of the IAS recruitment rules say to refer IAS (cadre) Rules to know the definitions of Joint Cadre and State cadre. These rules also framed under subsection (1) of Section-3 of the All India Services Act, 1951 by the Central Government, after consultation with the Governments of the States concerned. A look at the important definitions given in these rules would be necessary to understand the cadre management. Rule-2(c)- State means *****[a State specified in the First Schedule to the constitution and includes a Union Territory.] (d) State Government concerned, in relation to a Joint cadre, means the Joint Cadre Authority. Rule-3 Constitution of Cadres - 3(1) There shall be constituted for each State or group of States an Indian Administrative Service Cadre. (2) The Cadre so constituted for a State or a group of States is hereinafter referred to as a State Cadre or, as the case may be, a Joint Cadre. In sub-section 1 of rule-3 above prescribe a cadre for each state or group of state means that UTs are not included but a Joint cadre was formed for UTs namely Himachal Pradesh and Delhi after 1956 because under sub rule-c of Rule2 above these UTs defined as State. But in the IAS (Joint Cadre) Rules,1972 defined the joint cadre other than UTs which is given below. (ii) the All-India Services (Joint Cadre) Rules, 1972 The Joint Cadre of Union Territories was separated from a Joint Cadre constituted for the group of states as mentioned below: Rule-1 (ii) They shall apply to a Joint Cadre constituted for any group of States other than the Joint Cadre of Union Territories. So now anyone may see that the first major reform in the IAS recruitment and the cadre management was initiated in view of the State Reorganisation Reform 1956 when 6 union Territories formed. The Union Territory defined separately by inserting in the Constitution under Article-366(30). In nutshell, the Union Territories are administered by the Central Government under the Article-239 and its Transaction of business rules. But these UTs considered as State under the IAS recruitment/cadre rules and the regulation for the purpose of induction into IAS from state civil services. Therefore, the definition of state, treating the Central Government as State Government are not according to the spirit of the Article-312, 366(30) and 315 of the Constitution. So

cadre rules

The Principal rules were published vide MHA Notification No.2/2/54-AIS(II) dated 8.9.1954.-

***** Substituted with effect from 1-11-1956 vide MHA Notification No.13/21/56-AIS(III) dated 28-21958 and further amended with effect from 4-9-1958 vide MHA Notification No.5/25/58-AIS(II)-(I),dated 8-71959. Substituted vide D.P. Notification No. 13/4/71-AIS(I),dated 11-1-1972.

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lets see in detail, how this process of retaining the UTs as state for the purpose of IAS cadre management began and type of the Local/Provincial Subordinate Civil Services considered as the feeder service for induction into the IAS in UT cadre. 6.5.4. The Local/Provincial Civil Services in UTs Later on 25th January 1971 Himachal Pradesh became State, which probably paved the way to form the joint cadre by clubbing the smaller states with the UTs. So, It is necessary to know and explore the type of local administrative services of the UTs specially existing of type of local service in the Delhi from 1956 to 1970. The inclusion of UTs under category of states in the AIS rules provided opportunity to local services for the induction into the IAS. So, all local administration official of the UTs who were holding the post of sub-division level responsibilities considered as State Civil Service for filling up the posts of IAS by induction through promotion under rule 2(g)(ii) and Rule-4(3) of the IAS (Recruitment) Rule-1954. The decision of Government of India under rule-4 are given below provide the framework about the existence of type of Local Civil Service in the newly formed UTs during 1950-70. Moreover, there were no AIS officers in the administration of the UTs till 1956 because the Part C& D states were administered directly by the Central Government. 6.5.4.1The Government of India's Decisions under Rule 4: Under sub- rule (5), the Government of India have decided that appointment to the Joint I.A.S. cadre for the Union Territory of Delhi and Himachal Pradesh on its initial constitution shall be by one or more of the following methods:(i) by appointment of officers selected by the Special Recruitment Board, 1950/51 and included in List I and list II under the Extension to States Scheme who could not be appointed so far to the I.A.S. in the absence of an All India Service cadre in Himachal Pradesh and Delhi. (ii) by transfer of I.A.S. officers from the cadres of the other States. Such transfers will, however, take place only with the consent of the State Governments and the individual officers concerned; (iii) by appointment of the candidates selected on the results of the I.A.S. (Special Recruitment) Examination, 1956; (iv) by promotion of officers belonging to the Himachal Pradesh Civil Services of at least 8 years seniority and such of officers under the Delhi Administration as have been holding substantive appointments of status comparable to that of a Deputy Collector under that Administration for a minimum period of 8 years;

[G.I., M.H.A file No. 3/59/59-AIS(II).] [G.I., M.H.A file No. 3/59/59-AIS(II).]

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(v) by direct recruitment from amongst the candidates declared successful as a result of the latest I.A.S. Competitive Examination conducted by the Union Public Service Commission. 1.2 Recruitment to the cadre after its initial constitution shall be made in accordance with the Recruitment Rules. 2.2 Till such time as the joint cadre is fully constituted and is able to provide suitable officers for all the posts included in the cadre, existing arrangements in regard to the staffing of various posts including deputation of officers from other States will continue. From above it clear that the IAS were recruited as per criteria and method laid down in the beginning of constitution of the Joint Cadre for Himachal Pradesh and Delhi. Para (iv) of decision mention that the State Civil Service in case of Delhi was Delhi Administrations officers which is presently known as The Delhi Administration Subordinate Service(DASS), and it was a feeder service for the induction into IAS by promotion along with The Himachal Pradesh Civil Service. Prior to 1956, Himachal and Delhi were Chief Commissioners Provinces. These Provincial Subordinate Civil Services officer who were having 8 years seniority holding the post of Dy. Collector or equivalent were considered for promotion into IAS in the UT cadre as per above Para-(iv) of the Government of India Decision Therefore, above decision of the Government of India is self- explanatory about the existence of Local/Provincial Subordinate Civil service during1950s in the Delhi popularly known by acronym DASS. Similarly other UTs had Local subordinate services. 7. THE ESTABLISHMENT OF UNION TERRITORY CIVIL SERVICES The Second major reform in civil services in the UTs carried out in the year 1970-72. It seems that the government felt necessity during early seventies to have a separate Central Civil Service for the UTs. This intention may be deciphered from the definition of the joint cadre given in the IAS ( Joint Cadre) Rules, 1972 under which a joint cadre was constituted for a group of states other than the Cadre for Union Territories. Another, Specially administered region through the Ministry of External Affairs called NEFA changed the form of administration during the process of re-organisation of States and UTs followed by framing of the IAS(Joint Cadre) rules,1972. Therefore, the Year 1972 is also important when the Union Territories were reorganised like, North-East Frontier Area (NEFA) was renamed as Arunachal Pradesh and Mizoram were declared Union Territories. Total 7 Union territories formed in the year 1972. It is also relevant to mention here that The Indian Frontier Administrative Service (IFAS) established in 1957 for NEFA region was vanished in late mid sixties rather than continuing this service for the newly formed Union Territories. Like NEFA Region, the Union Territories at that time needed a similar Central Civil Service suited to the areas administered

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directly by the Central Government. The IFAS was a successful service suited to the region for which they were employed. A comment of Brigadier Amrit Kapur is testimony to this effect. A special service known as the Indian Frontier Administrative Service (IFAS) was established in 1957, to administer the North-eastern states. This service was doing a commendable job of adequately administering the Northeastern states with due regard to cultural and tribal sensitivities of the people. For reasons best known to the government, the Indian Frontier Administrative Service was abolished in the later half of the sixties and replaced by Indian Administrative Service (IAS). In the 1970-72 DANICS and Pondicherry Civil Service were introduced as the Central Civil Services recruited through the IAS examination by the UPSC perhaps on the pattern of the IFAS for certain Union Territories considering the exigency and the circumstances of each UT. The DANICS is one the important Central Civil Service normally rated within 7 preferences by the Civil Service aspirants in Civil Service Examination. But the DANICS is degraded to a State Civil Service for filling up vacancies into the IAS by promotion along with the small state civil services i.e. Arunachal Pradesh and Goa instead placing at par rating of civil service aspirants. The DANICS is also more or less may be compared with the IFAS, probably initially intended for the UTs namely Delhi, Andaman Nicobar in view of special significance of Delhi being National Capital and Andaman and Nicobars strategic importance. Similarly Pondicherry is also important and unique due to historical reason. The IAS fraternity appears to realised threat to their sphere of power in view of establishment of the Central Civil Service for the UTs. Therefore to counter this threat, the IAS (Recruitment/Cadre) Rules were amended immediately and defined the DANICS/Puduchery civil service as State Civil Service. The inclusion of DANICS in these rules as State Civil Service virtually crushed the career progression of the DASS and the other local/Provincial subordinate services in the UTs. The DANICS is perceived as a threat by the DASS/Local Subordinate service of UTs and the IAS in their respective cadres. Until 1970, the DASS and other local service considered for induction into the IAS under sub rule-5 of rule-4 of the IAS (cadre) Rule-1954. After 1970, the DANICS and the Pondicherry Civil service (PCS) in the IAS (Recruitment) Rules/Regulations defined as State Civil Services. It has been done by including the Union Territories as State in the IAS rules. The inclusion of these two Central Services as State Civil Service blocked the prospects of induction into the IAS from Provincial Subordinate service officers like DASS who hold the posts

Brig. Amrit Kapur VSM The writer is Associate Editor, Indian Defence Review and former Commandant, Countery Insurgency and Jungle Warfare School , Mizoram , India . Courtesy: Indian Defence Review, vol. 20-2.

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equivalent to Dy. Collector as mentioned in clause (iv) of the decision of the Government of India under rule-4 rather these services are considered as feeder for induction into the DANICS/PCS. Now lets see the DANICS rules. 7.1. The DANICS Cadre Rules DANICS Acronym used to denote a Central Civil Service organised for the certain Union Territories which had undergone many changes since its inception but it retained its above abbreviated name. The DANICS organised as under: In exercise of the powers conferred by the proviso to article 309 of the Constitution, and in supersession of Delhi, Andaman & Nicobar Islands, Lakshadweep, Daman & Diu and Dadra & Nagar Haveli Civil Services Rules, 1996, except as respects things done or to makes the following rules, ****** The National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003. The functional hierarchy of DANICS is given in sub rule-3 of rule 3 of the DANICS Rule-2003 which as quoted here: The posts in Junior Administrative Grade-1, Junior Administrative Grade-II and Selection Grade shall be Central Civil Services Group A posts and those in the Entry Grade shall be Central Civil Services Group B posts The DANICS rules shows that rating or comparing DANICS with the state civil services is not appropriate because the DANICS officers promoted to Central Civil Service Group-A after completing 8 years service in the Group-B. The recruitment in the DANICS is done at Entry Grade level. 50 percent are direct recruit through Civil Service Examination conducted by the UPSC and 50 percent are recruited through promotion from officers of the Delhi Administration Subordinate Service and other concerned UTs Local Services. Similarly a separate Puduchery Civil service organized by the Union for the UT of Puduchery. These services were organized for the specific UTs only which are centrally administered territories. The Cadre Controlling Authority for the DANICS is the Ministry of Home Affairs, Government of India and defining MHA as State for framing rules or enacting law is unconstitutional and such law/rules may be declared ultra vire if any individual/association challenge it, in the Court of law. 7.2. The Cadre Strength of DANICS Name, number and scale of pay of duty posts in the grades of the National Capital Territory of Delhi, Andaman and Nicobar Islands Lakshadweep, Daman and Diu and Dadra and Nagar Haveli Civil Service. Part A

******N O T I F I C A T I ON No.14012/8/2000-UTS-II GOI, MHA, Dated, the 6th August, 2003

Schedule -I of DANICS Amendment Rules,2009 substituted vide Notification G.S.R. 717 st dated 1 October, 2009 .

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Grades and sanctioned strength of the Service (a) Grades of the Service and Scales of pay 1. Junior Administrative Grade I (Group A)-PB-4+GP Rs8700/2. Junior Administrative Grade II (Group A)- PB-3+ GP Rs 7600/3. Selection Grade (Group A) PB-3 + GP Rs 6600/4. Entry Grade (Group B) (i) PB-2 + GP Rs 4800/- (on initial appointment) (ii) PB-3 +GP Rs 5400/- (on completion of 4 years approved service subject to vigilance and integrity clearance). (b) Sanctioned strength 1. Specific posts under the Government of the National Capital Territory of Delhi.-309 2. Specific posts under the Andaman and Nicobar Islands Administration.24 3. Specific posts under the Lakshadweep Administration- 14 4. Specific posts under the Daman and Diu and Dadra and Nagar Haveli Administration-16 5. Deputation, Leave and Training Reserves- 109, Total- 472 It may be noted here that the DANICS officer from the beginning hold post of Dy. Collector or equivalent and later the JAG officers hold post of Collector or equivalent. For example, 4 posts out of 9 Dy. Commissioner (Revenue) in the Delhi are indentified for the DANICS officers and 5 for the IAS. Moreover, the DANICS in Grade Pay of Rs 7600 and above are also placed at par with equivalent Grade Pay of the IAS officers. But the DANICS officers (PB4 +GP Rs 8700) on induction into the IAS through promotion are demoted to PB-3 +GP( depend on seniority fixed in IAS) due to which many DANICS are not accepting promotion into the IAS. The stagnation of career progression of DANICS is causing frustration among the senior DANICS officers. The Association of DANICS may demand one more next higher functional scale i.e. PB-4 + GP Rs 10000/. It however, would cause discontent among the IAS officers because job contents , functions and responsibilities are common in the Administrative Services and it would be difficult to ignore the principle of equal pay for equal work. 8. A COMPARISION OF THE AGMUT vs OTHER STATE CADRE Three State namely Arunachal Pradesh, Goa, and Mizoram carved out from the UTs in 1986-87, and accordingly, the UT cadre was changed into AGMUT. It is being continued contrary to the definition of Joint Cadre given in the IAS (Joint cadre) rules, 1972 without an amendment to this effect as was done earlier. In case of AGMUT, the Joint Cadre Authority is the Ministry of Home affairs, Government of India. Inclusion of the UTs in the IAS rules as state also denied the IAS officers of AGMUT Cadre to occupy position equivalent to other large state cadre in terms of function and responsibilities and remain underutilised. The AGMUT cadre IAS

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officers also suffer hardship due to transfer/placement in AGMUT constituents scattered from Arunachal Pradesh to Lakshadweep, Goa to Mizoram and Chandigarh to Andaman and Nicobar Islands. So, anyone can imagine that how they would be managing their social life and Childrens education. Moreover, the rule of cadre allotment according to choice of spouses in case of both are AIS officers is irrelevant because they rarely gets opportunity of posting together in a Constituent of the AGMUT cadre. We have seen that the constituents of AGMUT governed by different statutes/Acts and Regulation framed according to the local conditions and specific importance of states/UTs spread over four corners of the India. An AIS officer rarely gets opportunity to serve twice in the same territory during his career. We have already seen the territorial and geo-political administrative set-up of the AGMUT constituents. It would also be appropriate to discuss about each constituents cadre strength in the AGMUT. 8.1. The Cadre Strength of IAS The cadre review was carried out by the Central Government in March 2010 under sub rule (2) of rule 4 of the Indian Administrative (Cadre) Rules, 1954 in consultation with the Governments of Arunachal Pradesh, Goa, Mizoram and all Union Territories amended the Indian Administrative Service ( Fixation of Cadre Strength) Regulation 1955 by promulgation of the IAS ( Fixation of Cadre Strength) Second Amendment Regulation, 2010. The cadre strength of IAS is as under; Total authorised strength- 337 1-Senior Duty Post-183, (a) Arunachal Pradesh- Total-37, 17 Dy. Commissioners and 17 commissioners cum secretaries rank, one Development Commissioner and one Chief Secretary. (b) Goa- Total-18, No post of Development Commissioner. (c) MizoramTotal-29, One post of Development Commissioner, 8 Dy. Commissioners. (d) Andaman and Nicobar Island- Total-14, one Chief Secretary, one Development Commissioner and 3 Dy. Commissioners. (e). Chandigargh 9, No development Commissioner (f) Daman, Diu/Dadara & Nagar Haveli- Total- 5, One Development Commissioner, 3 Collectors. (g) Government of NCT of Delhi- Total-56, one Chief Secretary, one Financial Commissioner, 10 Principal Secretaries, one Divisional Commissioner and 25 equivalent rank, 5 Dy. Commissioners and 12 other equivalent rank. (h) Lakshadweep- Total-2, One Collector-cum- District Magistrate and one Development Commissioner. (i). Puduchery- Total-13, 2 collectors, one Chief Secretary,
Notification No. 11031/03/2009- AIS-II-A dated 12 Personnnel, public Grievances and Pension, GOI, New Delhi.
th

March, 2010 notified by Ministry of

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(j) Mizoram- Total- 29, One chief Secretary, one Development Commissioner All post(4+1) of the Chief secretaries and equivalent are of Rs 80000/( fixed) and one each of HAG in Arunachal Pradesh, Andaman and Nicobar, Chandigargh, Mizoram, Goa and Puduchery and 10 HAG in Delhi. (HAG scale-Rs 67000/ with annual increment @3% -Rs79000/. Total 50 posts are in scale of PB4+ GP Rs. 10000/ out of which in Delhi-27, Arunachal Pradesh-7, Goa- 2, Mizoram-5, Andaman and Nicobar-3, Chandigargh-2, Daman, Diu/Dadra & Nagar Haveli-2, Puduchery-3 and Lakshadweep-1. Pay Band and Scale of the remaining duty posts carrying in the pay in the senior scale in Schedule II-Part-B are not specified in the amended regulation-2010. 2-Central Deputation Reserve-73 3- State Deputation Reserve-45 4- Training Reserve-6 5- Leave Reserve-30 6- Post to be filled by Promotion under Rule 8 of the IAS ( Recruitment) Rules, 1954 not exceeding 33.3% of the item no 1,2,3 and 4 above- 102 7- Post to be filled by Direct Recruitment ( Item 1+2+3+4+5-6) =235 Prior to issue of above notification, the Total Authorised Strength of AGMUT cadre was-245 In this Notification consultation was done by the Central Government with the Governments of individual AGMUT constituents instead of the Joint Cadre Authority i.e. MHA or as defined in the Cadre Rules which further dilute the constitutional definition of the UTs. The definition of the the Cadre in case of UTs given in the IAS (Joint Cadre) Rules, 1972 does not appears to be followed after formation of 3 states from the UT cadre constituents during 1986-87 which continued with the UTs against the principle of federal polity. Apart from this, it is also interesting to note the hierarchical order in some of the important UTs like Delhi, to compare with other state caders which will reveal anomaly at every level in AGMUT Constituents. .

8.2. The Status of IAS in The Largest and Tiniest UT vs a State At the district level in Delhi, the Dy Commissioners of Revenue districts exercises limited authority on subjects which are beyond jurisdictions of Cantonment Board, Municipal Corporation of Delhi and Delhi Development Authority. The posting of IAS officers in the districts of Delhi provides fewer opportunities to gain experience which the affects morale of officers while compared with other states. Moreover, 25 out of 56 IAS officers are in the rank of Divisional Commissioner / Joint Secretary and 12 are HAG and above ranks who exercise limited authority in view of the existence of parallel system of administrations under the NDMC, DDA, and MCD Acts. The heavy top pyramid of the IAS is also against the principle of hierarchy which support the view that the IAS officers in the NCT of Delhi remain underutilised. The CAG may take adverse

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view of such hierarchical order due to underutilization of the senior IAS officers compared to other cadres and the central deputation posts of equivalent ranks. The Delhi has one divisional commissioner who exercises the power of District Magistrate because it is a uni-district for judiciary purpose. The Divisional Commissioner in Delhi supervises work of 9 Dy. Commissioners (Revenue) who also act as the ex-officio Principal Secretary (Revenue) which means three levels are merged in the single authority. In other States normally the Divisional Commissioner supervises administrations of 4-5 districts. Now let us take the tiniest UT i.e. Lakshadweep which is also a uni-district territory having 32 Sq. Km area with population 60650 (as per census 2001). Till recently it was headed by the Collector-cum-Development Commissioner (Junior IAS officer) under the Administrator. But now under IAS cadre notification, it is bifurcated into two new posts, one post of Collector and one post of Divisional Commissioner. Unlike other cadre, the Divisional Commissioner who equivalent to rank of Joint secretary would supervise the function of the smallest district in the Lakshadweep in view of creation new post of the Divisional Commissioner. It may also be noted that the Administrative reform Commission has already recommended to eliminate post of Divisional commissioner in view of increasing e-governance and third tier administration of local bodies. Normally, the Administrator of Lakshadweep is also appointed from IAS officers equivalent to the rank of Divisional Commissioner. Hence, the creation of new post of the Divisional Commissioner in the tiniest unit of administration is not justified. In view above one may easily see that the underutilisation of the IAS officers of AGMUT compared to other IAS cadres leading to frustration and less exposure to development programmes which may not improve their acumen of policy making functions. They also lack knowledge of policy, rule and law because some of the AGMUT constituents are governed by the state governments as per local laws and UTs are under the central statutes. For example an officer transferred from Mizoram to Goa will have to learn law, culture of the new land who would be shifted after 2-3 years to Arunachal Pradesh or some other constituent where he would repeat the same process of learning to equip himself to work in entirely new politico-administrative culture. In such circumstances, an IAS officer of the AGMUT cadre may not contribute at par with the state cadre where the IAS officer get opportunity to serve in the different positions in a state and gain field knowledge of cadre state who enrich policy making while on deputation under the central staffing scheme. 9. SUGGESTIONS TO REFORM THE AGMUT CADRE The spirit of the Constitutional Provisions need to be injected in the IAS rules of recruitment and the cadre management which would solve the problems of IAS officers relating to underutilisation and postings. This would also enhance opportunities of career prospects of the DANICS by placement at par with the other Central Civil Services in the administration of UTs as well as under the Central deputation. Ultimately, the reform of AGMUT in tune with the constitutional

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provisions would benefit the Provincial Subordinate Civil Service like DASS and others local services in the UTs. These suggestions are given below: 1Arunachal Pradesh and Mizoram should be clubbed under the IAS(joint Cadre) Rule,1972 in consultation with the Government of such states with the neighbouring states of North-East States, and similarly, Goa may be tied with Maharastra or Karnataka. These states would have control over the IAS officers posted in the respective state like other federal states including in the matter of organising the IAS cadres in consultation with partner states of the joint cadre. The State Civil Service officer inducted into the IAS would also get opportunity to work at higher level enriching policy framing at the state level by virtue of vast experience at the field level. Such officers would also be saved from many difficulties faced by them due to transfer to other end of the country. 2The Union Territories are part of the Central Government being administered by the President directly through MHA, Government of India under its Transaction of Business Allocation Rules for all purpose as per constitutional provisions including in respect of the organising civil service for the UTs. Therefore, the UTs should be deleted from all the IAS rules in which the UTs are defined as state contrary to the constitutional provisions for the management of UT/AGMUT Cadre. A suitable amendment of the IAS rules to delink the UTs being part of the Central Government from the other states would bring relevant rules of cadre management, recruitment of the IAS in conformity with the constitutional provisions and the AIS Act.-1951. Like DDA, NDMC and MCD, the Central Government may identify suitable posts for IAS under the Central Staffing Scheme for placement in the UT administrations. This arrangement would abolish AGMUT cadre to provide opportunity to IAS officers who are on the central deputation to serve in the neighbouring UTs which are adjoining to their home state or parent cadre. It would also eliminate the problems relating to under utilisation, transfer and acquiring in depth field knowledge of the respective cadre. 3-The DANICS is a Central Civil Service and it should be renamed as The Indian Union Territories Civil Service(IUTCS) and it should be utilised in the administration of all the UTs on the pattern of the IFAS with exception that the posts in UT administration at higher level preferably above level of Joint secretary should be brought under Central Staffing Scheme. The Pondichery Civil Service should be merged with the IUTCS which would have career progression like other Central Services Civil services. The IUTCS should also be considered for the Central deputation under the Central Staffing Scheme. Suitable posts for career progression for the IUTCS would be released on abolition of the AGMUT. This would remove all anomalies adopted in IAS rule for recruitment and cadre management as discussed earlier. 4- The reform of introduction of the IUTCS and abolition of the AGMUT would have trickle down effects to improve career progression of the Provincial Subordinate Civil Services namely DASS in the Delhi and similar other local

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services of the UTs. Presently all the local services of the Union territories are dissatisfied due to not getting induction uniformly into the DANICS affecting the morale of local officers. Once, the UTs would be delinked from IAS cadre, Local Service would be organised properly to improve the prospects of induction into the IUTCS. Chandigarh should discontinue to borrow officers from Haryana and Punjab and local Service may be organised like other UTs. Necessary amendment in the Punjab Reorganisation Act-1966 relating to governance of the Chandigargh in tune with the constitutional provisions would rectify anomalies of the public services of Chandigargh. UTCS should be linked to Central Staffing Scheme at par with other Central Civil Services. 5- The IAS officers of rank of the Joint Secretary and above released on abolition of AGMUT may be utilised under the Central Staffing Scheme and remaining may be allocated other cadres considering preference of individual and availability of the duty posts. Above suggestions are win-win to the three type of services (IAS, DANICS and Local/Provincial UT services) benefiting each and rectifying legal unconformities with the Constitutional provisions and the AIS Act-1951. Similar reforms may be carried out for the IPS and the IFS.

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10. CONCLUSION The AIS Act-1951 enacted in pursuance of Article-312 to organise the All India Services, and section-3 of the said act provide for framing rules to regulate the AIS in consultation with the states. The states under federal system exercise power on the subjects specified in the State List-II including the Public Service. It is also discussed that Union Territories being part of the Union are administered by the President and considering the UTs as the State or the Government of state is not justified for framing the AIS (recruitment) rules. But the IAS (Recruitment) Rule-1954 defined UTs as states which is ultra vire to the constitutional provisions and the AIS Act. Similarly, the UTs are defined as State under The IAS (Appointment by Promotion) Regulations, 1955.The Central Government itself has defined as State government for consultation under the above said regulation-1955 to form joint cadre for the UTs in 1972. The IAS (Recruitment/Cadre) rules to the extent relating to the AGMUT cadre violate the constitutional provisions and the AIS act-1951. Therefore it is true that the rules/regulations of IAS to equate the UTs with states resulted into denial of opportunities equivalent to other cadres in terms of the power/function and the responsibilities. It is also affecting the DANICS officers providing dual status as Central Civil Service under the DANICS rules and State Civil Service under IAS rules which means the DANICS officers are demoted to by downgrading from the Central Civil Service to the State Civil Service to make them eligible for promotion by induction into the IAS. The promotion of DAINICS into the IAS by scaling down from PB -4 to PB-3 is also a stumbling block for the career progression of the Local Subordinate Service of UTs including DASS. Therefore, suggested reform of abolition of the AGMUT cadre of IAS and extending the Central Staffing Scheme to the UT Administrations would have an oiling effect to smoothen the relationship of these three civil services without taking away right of anyone. This would also take care of the principle of Equal Pay for Equal Work.

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BIBLIOGRAPHY 1. The Constitution of India (As modified up to the 1st December, 2007) Government of India Ministry of Law and Justice. 2. 15th Report of 2nd Administrative Reform Commission 3. the Constitution (Seventh Amendment) Act, 1956, 4. The All India Service Act-1951 5. The Indian Administrative Service (Recruitment) Rules,1954 6. The Indian Administrative Service (Cadre) Rules,1954. 7. The Indian Administrative Service (Appointment) Regulation,1955 8. The Indian Administrative Service (Joint Cadre) Rules,1972. 9. The National Capital Territory of Delhi, Andaman and Nicobar Islands, Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil Service) Rules, 2003 10.THE All India Services (Amendment) Act, 1958 (25 of 1958) enacted on 03.09.1958 11. MHA Notification No. 13 /21 / 56 /-AIS (III) dated 28-2-1958. 12. MHA Notification No. 5 /25 /58-AIS (II) dated 8-7-1959. 13. DP & T Notification No. 13013 /1/89-AIS (I) dated 24-1-72. 14. D.P. & A.R. Notification No. 13 /4/ 71-AIS-I dated 11.1.72 15. MHA notification No.17/4/56-AIS (III) dated 14-5-56 16. D.P. Notification No. 13/4/71-AIS (I), dated 11/1/72. 17. D.P. Not No. 1/1/72-AIS (I)-A, dated 12/10/72 and D.P. Not No. 11/1/72-AIS (I)-A, dated 22/5/73. 18. MHA Notification No.13/21/56-AIS (III) dated 28-2-1958. 19. MHA Notification No.5/25/58-AIS (II)-(I),dated 8-7-1959. 20. D.P. Notification No. 13/4/71-AIS (I),dated 11-1-1972 21. G.I., M.H.A file No. 3/59/59-AIS(II).] [G.I., M.H.A file No. 3/59/59-AIS(II)] 22 DANICS Amendment Rules, 2009 substituted vide Notification G.S.R. 717 dated 1st October, 2009. 23.Notification No. 11031/03/2009- AIS-II-A dated 12th March, 2010 notified by Ministry of Personnel, public Grievances and Pension, GOI, New Delhi. 24. External links [http://upsc.gov.in/ UPSC Official Website] *[http://ping4help.com/ ICS preparation Help] * [http://competitionexam.com/ Blog for ICS Preparation]

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