Amendment status not verified — confirm the current text below against the official source.
Transfer of certain persons in employ of existing boards to Zilla Parishad.— Subject to the provisions of this Chapter, every person employed by an existing board immediately before the appointed day shall, as from that day, be appointed a member of the District Technical Service (Class III), the District Service (Class III) or as the case may be, of the District Service (Class IV) and shall become an officer or servant of, and hold office under, a Zilla Parishad : Provided that, the terms and conditions of service applicable immediately before the appointed day to the case of any person appointed as member of any of the services aforesaid shall not be varied to his disadvantage except with the previous approval of the State Government : Provided further that, any service rendered under the existing board by any such person shall be deemed to be service under the Zilla Parishad. 1[242. Power of State Government to allot Government servants to Zilla Parishads finally.— Where on the transfer or entrustment, from time to time, of powers and functions of the State Government to Zilla Parishads or Panchayat Samitis by or under this Act, all posts in a cadre of Class III or Class IV service of the State Government have been rendered surplus to the requirements of the State Government and are, therefore, required to be abolished, the State Government or any Head of Department of the State Government duly authorised by it in that behalf (hereinafter in this Chapter referred to as the “authorised officer”) may, subject to the provisions of this Chapter, by general or special order, finally allot such persons who hold posts in that cadre (and who have no lien on any permanent post outside that cadre under the State Government), to the District Technical Service (Class III), the District Service (Class III) or, as the case may be, the District Service (Class IV). The allotment shall take effect from such date as may be specified in the order 2[to be made at least six months in advance] (hereinafter referred to as the “allotment date”) on the terms and conditions as may be prescribed by the State Government in this behalf, which terms and conditions shall not, as far as may be, be less advantageous than those applicable to them immediately before such allotment. On allotment, the persons so allotted shall be taken over by the Zilla Parishads : 1 Section 242 was substituted for the sections 242 and 242A, by Mah. 13 of 1967, s. 3. 2 These words were inserted by Mah. 22 of 1970, s. 9. 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 127 Samitis Act, 1961 Provided that, no persons shall be allotted after the expiry of 1[twelve years] commencing from the appointed day : Provided further that, the terms and conditions of service applicable on such allotment of any person to any of the District Services aforesaid, shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided also that, any service rendered by any person under the State Government shall be deemed to be service under the Zilla Parishad. Explanation.— For the purposes of this section the Head of Department means the Head of Department within the meaning of the Bombay Civil Services Rules, 1959.]. 2[242A. Transfer of certain Zilla Parishad servants to services of State Government.— Where, consequent upon the revesting of any works or development schemes in relation to any subjects enumerated in the District List under sub-section (1) of section 100 in the State Government or the withdrawal of the execution or maintenance of any work or development scheme under sub-section (4) of section 123 by the State Government, any posts in cadre of District Technical Service (Class III) or the District Service (Class III) or District Service (Class IV) of any Zilla Parishad have been rendered surplus to the requirements of the Zilla Parishad and are, therefore, required to be abolished, the State Government shall, in consultation with the Zilla Parishad, by order in writing, direct that such persons holding posts in that cadre not exceeding the number of surplus posts (being as far as possible persons who are assigned duties for the time being in connection with the execution, management or maintenance of any such work, or development scheme) be transferred to the appropriate cadre in the services of the State Government. The transfer of service shall take effect from such date as may be specified in the order and on such terms and conditions as the State Government may by general or special order direct. Such terms and conditions shall not, as far as may be, be less advantageous than those applicable to them immediately before such transfer. On such transfer the persons so transferred shall be released by the Zilla Parishad from its service and taken over by the State Government : Provided that, the terms and conditions of service applicable on such transfer of any person from any of the District Services shall not be varied to his disadvantage except with the previous approval of the State Government : Provided further that, any service rendered by any such person under the Zilla Parishad shall be deemed to be service under the State Government.] 3[242B. Appointment of certain Zilla Parishad employees in Class I or Class II and General State Services.— (1) Where under the recruitment rules for any Class I or Class II Service of the State or for the General State Service any class or classes of the Zilla Parishad employees specified therein are made eligible for appointment in any such State Service, the State Government, or any officer authorised by it in that behalf, may, in consultation with the Zilla Parishad and the employee concerned, and having due regard to exigencies of service in the Zilla Parishad and also in the State Service, by order in writing appoint, from time to time, any such employee or employees to any such State Service. (2) The State Government may make rules or orders for regulating the appointment and the terms and conditions of service of any Zilla Parishad employees appointed in any State Service under sub-section (1) : Provided that, the terms and conditions of service applicable on such appointment of any Zilla Parishad employee to any State Service shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by any such employee under the Zilla Parishad shall be deemed to be service rendered under the State Government.] 1 These words were substituted for the words “ten years” by Mah. 22 of 1971, s. 2. 2 Section 242A was inserted by Mah. 6 of 1975, s. 44. 3 Section 242B was deemed to have been inserted on 1st March 1971 by Mah. 14 of 1979, s. 2. 128 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 1[242BB. Eligibility for appointment of certain employees of District Technical Services (Class-Ill) in Maharashtra Jeevan Authority.— (1) Where the employees of the District Technical Service (Class-III) are made eligible under the recruitment regulations for Engineers (Grade-III), of the Maharashtra Jeevan Authority, for appointment in the said Engineer (Grade-II) Service, the Zilla Parishads may allow, having due regard to its exigencies of services and in consultation with the State Government and the employees concerned, by order in writing, the appointment of such employee on the establishment of the Authority from the select list prepared of the employees of the District Technical Services (Class-Ill), not earlier than one year from the date of such appointment, by the State Government : Provided that any service rendered by any such employee under the concerned Zilla Parishad shall be deemed to be the service rendered under the Authority. (2) It shall be the duty of the Authority and the Zilla Parishad to comply with the direction issued by the State Government in this behalf.] 2[242C. Transfer of certain employees to Zilla Parishads.— (1) On and after the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1992 (Mah. 1 of 1993), where on the transfer or entrustment, from time to time, of powers and functions of the State Government, the Maharashtra Water Supply and Sewrage Board (hereinafter, in this section, referred to as “the Board”) or, as the case may be, District Rural Development Agency (hereinafter in this section referred to as “the Development Agency”), to Zilla Parishad or Panchyat Samitis by or under this Act, the State Government may, notwithstanding anything contained in any of the provisions of this Act, or in any other law for the time being in force, direct, from time to time, that the services of such of the existing officers and servants of the State Government, the Board or, as the case may be, the Development Agency, who in its opinion, are rendered surplus to the requirements of the State Government, the Board or the Development Agency, shall stand terminated and their posts shall stand abolished, from such date as may be specified prospectively or retrospectively by the State Government (hereinafter in this section referred to as “the specified date”) and shall on that date (which may be different for different officers and servants) become the officers or servants of the Zilla Parishad. (2) Every permanent or temporary employee of the State Government, or the Board or the Development Agency in respect of whom a direction is issued under sub-section (1) shall, from the specified date, be a permanent or temporary employee of the Zilla Parishad, as the case may be, against a permanent or temporary post, which shall stand created in the establishment of the Zilla Parishad with effect from the specified date. (3) Any officer or servant so transferred shall hold his office under the Zilla Parishad by the same tenure, at the same remuneration and upon the same other conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and other matter as he would have held on the specified date if this section had not come into force. Any service rendered by him under the State Government, the Board or, as the case may be, the Development Agency shall be deemed to be service rendered under the Zilla parishad. He shall continue to serve under the Zilla Parishad until his employment under the Zilla Parishad is duly terminated or his remuneration or other conditions of service are duly revised or altered by the Zilla Parishad in pursuance of the law which for the time being governs his conditions of service : Provided that, the conditions of service applicable immediately before the specified date to the case of any such officer or servant shall not be varied to his disadvantage, except with the previous approval of the State Government. (4) The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government or the Board or the Development Agency, as the case may be, to the Zilla Parishad along with any accumulated interest due till the specified date and with the accounts relating to such funds. On and after the specified date the Zilla Parishad shall, to the exclusion of the State Government, the Board or, as the case may be, the Development Agency be liable for payment of 1 Section 242BB was inserted by Mah. 4 of 1999, s. 3. 2 Section 242C was inserted by Mah. 1 of 1993, s. 11. 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 129 Samitis Act, 1961 pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service. (5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (XIV of 1947) or in any other law for the time being in force, the transfer of services of any employee to the Zilla Parishad under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law and no such claim shall be entertained by any court, tribunal or authority. (6) Nothing contained in sub-section (1) shall apply to any employee who by notice in writing given to the State Government, the Board or, as the case may be, the Development Agency, within two months from the specified date or such extended time as the State Government may, by general or special order, specify, intimates his intention of not becoming or continuing as an employee of the Zilla Parishad. Where such notice is received from any employee— (a) in case of permanent employee, he shall be allowed to retire giving him the benefit of pension, gratuity, provident fund and other benefits accrued to him had he retired from the Government service or from the service of the Board or, as the case may be, the Development Agency on the specified date; (b) in case of a temporary employee, his services shall stand terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government, the Board or, as the case may be, the Development Agency. (7) Notwithstanding anything contained in the foregoing sub-sections if the service of any employee of the State Government, the Board or the Development Agency stand transferred under sub-section (1) to the Zilla Parishad, the Zilla Parishad shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government, the Board or, as the case may be, the Development Agency.] 1[242D. Transfer of certain employees of District Rural Development Agency to Zilla Parishad.— (1) On and after the commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2000 (Mah. 34 of 2000), the State Government may notwithstanding anything contained in any provisions of this Act or in any other law for the time being in force, direct, from time to time, that the services of the Class III and Class IV employees of the District Rural Development Agency (hereinafter in this section referred to as “the Development Agency”), who have been recruited directly by the Development Agency, shall stand transferred to the concerned Zilla Parishad against the existing posts in the appropriate cadres on the establishment of that Zilla Parishad from such date as may be specified by the State Government (hereinafter in this section referred to as “the specified date”) and these employees shall on that date (which may be different for different employees), become the employees of the concerned Zilla Parishad. (2) Every employee of the Development Agency in respect of whom the direction is issued under sub-section (1) shall, from the specified date, become an employee of the concerned Zilla Parishad, against the existing post in the appropriate cadres on the establishment of that Zilla Parishad with effect from the specified date and the terms and conditions of service in respect of pay, allowances, leave, transfer, retirement, pension, provident fund and other service conditions of such employees shall be regulated by the rules and orders which regulate the conditions of service of the members of the appropriate cadres of the Zilla Parishad services. (3) Any employee so transferred to a Zilla Parishad shall be treated as the junior most in the appropriate cadre of that Zilla Parishad service, from the specified date. (4) Any employee so transferred shall hold his office under the concerned Zilla Parishad by the same tenure, at the same remuneration and upon the same other conditions of service and with the same rights and privileges as he would have held on the specified date if this section had not come into force. Any service rendered by him under the Development Agency shall be deemed to be service rendered under the concerned Zilla Parishad for the purposes of pension and gratuity only and not for the purpose of seniority in the appropriate cadre of the Zilla Parishad. He shall continue to serve 1 Section 242D was inserted by Mah. 34 of 2000, s. 7. 130 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 under the concerned Zilla Parishad until his employment under that Zilla Parishad is duly terminated or his remuneration or other conditions of service are duly revised or altered by the Zilla Parishad in pursuance of law which for the time being governs his conditions of service : Provided that, the conditions of service applicable immediately before the specified date to the case of any such employee shall not be varied to his disadvantage, except with the previous approval of the State Government. (5) The sums standing to the credit of the employees referred to in sub-section (1) in any provident fund or other like fund constituted for them shall be transferred by the Development Agency to the concerned Zilla Parishad alongwith any accumulated interest due till the specified date and with the accounts relating to such fund. On and after the specified date the concerned Zilla Parishad shall, to the exclusion of the Development Agency be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service. (6) Notwithstanding anything contained in the foregoing sub-sections, if the service of any employee of the Development Agency stands transferred under sub-section (1) to a Zilla Parishad, the Zilla Parishad shall be competent, after such transfer, to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the Development Agency.]