Section 40:
Provision relating to certain Services.
(1) On and from the appointed day, there shall be
constituted for the State of Himachal Pradesh the following Services, namely:,—
(a) the Himachal Pradesh Administrative Service; and
(b) the Himachal Pradesh Police Service.
(2) The initial strength and composition of the cadres of the said Services shall be such as the
Administrator of the existing Union territory of Himachal Pradesh may, with the approval of the Central
Government, by order, determine before the appointed day.
(3) On and from the appointed day, the existing Delhi, Himachal Pradesh and Andaman and Nicobar
Islands Civil Service (hereinafter referred to as the existing Civil Service) shall be known as the Delhi and
Andaman and Nicobar Islands Civil Service and Delhi, Himachal Pradesh and Andaman and Nicobar
Islands Police Service (hereinafter referred to as the existing Police Service) shall be known as the Delhi
and Andaman and Nicobar Islands Police Service.
(4) Such members of the existing Civil Service as the Central Government may, by order, specify
shall be allocated to the cadre of the Himachal Pradesh Administrative Service and such members of the
existing Police Service as the Central Government may, by order, specify, shall be allocated to the cadre
of the Himachal Pradesh Police Service and any such order may specify the date or dates from which the
allocation made thereunder shall be effective.
(5) All persons who are allocated under sub-section (4) and who immediately before the date on
which they are allocated, are borne on a Select List for promotion to a State cadre of an All-India Service,
shall be deemed to have been included in the same order as in that list in the Select List for promotion to
the State cadre of the same Service constituted under sub-section (2) of section 39.
(6) Subject to the foregoing provisions of this section, the rules and regulations applicable to or in
relation to the members of the existing Civil Service and the existing Police Service as in force
immeditefy before the appointed day shall, so far as may, be apply respectively to and in relation to the
members of the Himachal Pradesh Administrative Service and the Himachal Pradesh Police Service, until
altered, repealed or amended by the competent authority.
(7) Every member of the Central Health Service who immediately before the appointed day is holding
any post in the existing Union territory of Himachal Pradesh being a post included in the authorised
strength of that Service, shall, until otherwise directed by the Central Government, be deemed to be on
deputation, on and from the appointed day, to the Government of the State of Himachal Pradesh on the
same terms and conditions of service as are applicable to him under the Central Health Service Rules,
1963, but without any deputation allowance:
Provided that the period of such deputation shall in no case extend beyond a period of three years
from the appointed day.
Explanation.—In this sub-section, "Central Health Service" means the Central Health Service
constituted under the Central Health Service Rules, 1963.