Section3
The All-India Services Act, 1951

Regulation of recruitment and conditions of service

In force From 29 Oct 1951 Act 61 of 1951 As on 17 Oct 2026

Act 61 of 1951 Ministry Personnel, Public Grievances and Pensions Enacted 29 Oct 1951 In force 29 Oct 1951 Instruments 40

Section 3 of the All-India Services Act, 1951 deals with regulation of recruitment and conditions of service. The Central Government may, after consultation with the Governments of the States concerned, [and by notification in the Official Gazette]] make rules for the regulation of recruitment, and the conditions of service of persons appointed to an All-India Service. The Act came into force on 29 Oct 1951.

(1) The Central Government may, after consultation with the Governments of the States concerned, 1*** 2[and by notification in the Official Gazette]] make rules for the regulation of recruitment, and the conditions of service of persons appointed to an All-India Service.

3[(1A) The power to make rules conferred by this section shall include the power to give retrospective effect from a date not earlier than the date of commencement of this Act, to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rule may be applicable.]

4[(2) Every rule made by the Central Government under this section and every regulation made under or in pursuance of any such rule, shall be laid, as soon as may be after such rule or regulation is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in such rule or regulation or both Houses agree that such rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.]

Section 3, The All-India Services Act, 1951 (Act 61 of 1951).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Union of India v. Mamta Anurag Sharma & Anr.

    Supreme Court of India 05 Sep 2001 Binding (Supreme Court) Civil Appeals (from AP HC WP No.21818/1999); Judgment 05.09.2001; M.B. Shah & R.P. Sethi JJ.

    Court's Decision & Legal Precedent

    DATE-VERIFIED Judgement 2001-09-05 (order-2.pdf / order-3.pdf) — body 'September 5, 2001' matches index. Conditions of service of All-India Services officers (including inter-cadre transfers) are regulated under the Act/rules/executive guidelines framed in that field; Central policy does not permit inter-cadre transfer to home State on marriage ground — HC mandamus to consider IPS wife's transfer to AP cadre set aside; ASG undertaking that husband's reciprocal WB-cadre transfer request would be granted if filed within two months.

    On this section: s.3 — Central Government's power to regulate recruitment and conditions of service covers cadre/inter-cadre posting policy; courts will not compel home-State marriage transfers contrary to AIS policy.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Made under this section, and citing it

40 instruments state that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.

All subordinate legislation

Questions about Section 3

What have the courts held on Section 3 of the All-India Services Act?

Union of India v. Mamta Anurag Sharma & Anr. (05 Sep 2001) is the leading judgment on this section among those set out below: s.3 — Central Government's power to regulate recruitment and conditions of service covers cadre/inter-cadre posting policy; courts will not compel home-State marriage transfers contrary to AIS policy.

How do I find court cases under Section 3 of the All-India Services Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: All-India Services Act 3, section 3 All-India Services Act, section 3 of the All-India Services Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union of India v. Mamta Anurag Sharma & Anr. (05 Sep 2001).

What should I read with Section 3 of the All-India Services Act, and has it changed?

The rules and notifications made under it are where it actually bites, and there are 40: most recently IAS-Himachal-Pradesh-Cadre-and-Pay-2019 (2019), then IAS-Punjab-Cadre-and-Pay-2019 (2019), and 38 more.

When did Section 3 of the All-India Services Act come into force?

Section 3 of the All-India Services Act, cited as All-India Services Act 3, came into force on 29 Oct 1951, having been enacted on 29 Oct 1951. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.