Section 36 of The State of Arunachal Pradesh Act, 1986
- (1)Every person who immediately before the appointed day is serving in connection with the affairs of the Union under the administrative control of the Administrator of the existing Union territory of Arunachal Pradesh shall, unless otherwise directed by an order of the Central Government, be deemed to have been allocated for service as from that day in connection with the affairs of the State of Arunachal Pradesh: Provided that no directions shall be issued under this section after the expiry of a period of one year from the appointed day.
- (2)The provisions of this section shall not apply in relation to persons to whom the provisions of section 35 apply.
Summary
- This provision automatically transfers regular union government employees working under the territory's Administrator to become employees of the new State.
- The Central Government has a limited window of exactly one year to make exceptions and assign these workers elsewhere.
- After one year from the state's creation, the Central Government can no longer issue orders changing where these transferred employees are assigned.
- This rule strictly excludes the elite national officers (like IAS or IPS) who are handled separately under a different provision.
Practical examples
FAQ
1. What happens to regular Union employees under Section 36 of the State of Arunachal Pradesh Act 1986?
Under Section 36 of the State of Arunachal Pradesh Act 1986, people serving the Union under the old territory administrator are automatically allocated to serve the new state.
2. Can the central government change this under Section 36 of the Arunachal Pradesh transition law?
Yes, Section 36 of the Arunachal Pradesh transition law allows the Central Government to give different directions for these employees, but they must do so within one year of the state being established.
3. Does Section 36 of the 1986 Arunachal Act apply to top administrative officers?
No, Section 36 of the 1986 Arunachal Act clearly states it does not apply to the All-India Services personnel who are already covered under Section 35.
Test yourself
Q1.Under Section 36 of The State of Arunachal Pradesh Act, 1986, how long does the Central Government have to issue directions altering an employee's allocation to the new state?
Q2.Section 36 of The State of Arunachal Pradesh Act, 1986 cross-references Section 35. Because of this cross-reference, what happens to an Indian Forest Service officer under Section 36?
Q3.Under Section 36 of The State of Arunachal Pradesh Act, 1986, which workers are automatically allocated to the new State?
Q4.What is the default outcome for a regular civil servant under Section 36 of The State of Arunachal Pradesh Act, 1986 if the Central Government issues NO orders?