Amendment status not verified — confirm the current text below against the official source.
Power of State Government to allot Government servants, etc., for a limited period.— (1) Notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force, at any time from the appointed day but not later than one year from the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 1964 (Mah. Ord. IV of 1964) (for such extended 3[period or periods not exceeding a further two years] as the State Government may by notification in the Official Gazette, (from time to time) specify in this behalf), it shall be (and shall be deemed always to have been) lawful— (a) for the State Government or any officer authorised or to be authorised in this behalf, by order temporarily to allot members of the service of the State Government to such posts as may be provisionally sanctioned by the State Government or by Zilla Parishads and as have been or are specified in that order; and such members of the service of the State Government as have 1 These words were substituted for the words “Divisional Technical Service” by Mah. 22 of 1962, s. 12. 2 This heading and section 253A were inserted by Mah. 43 of 1964, s. 23. 3 These words were substituted for the words “period not exceeding a further one year” by Mah. 25 of 1966, s. 2(a). 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 133 Samitis Act, 1961 been, or are, so allotted, shall be and shall be deemed always to have been taken over by the Zilla Parishads during the period aforesaid or until they are duly finally allotted under the foregoing provisions of this Chapter, whichever is sooner; (b) for the State Government to allow promotions provisionally to posts determined under section 243; (c) for the State Government to make provision by order for the terms and conditions of service of members who have been, or are, so allotted : Provided that, such terms and conditions of service shall not be less advantageous than those applicable to the Government servants immediately before such allotment. (2) No member of the services of the State Government who has been or is allotted shall, notwithstanding anything in any other law, have or be deemed to have had any right to revert to service under the State Government during the aforesaid transitional period, without the approval of the State Government; which approval shall be given or withheld, regard being had to the exigencies of service in the Zilla Parishads and also in the State Government. (3) All members of the services of the State Government as have been provisionally allotted before the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 1964 (Mah. Ord. IV of 1964), to posts under Zilla Parishads in pursuance of any orders issued or purported to be issued under section 289 or howsoever otherwise, or who have been so allotted and have continued to work under the Zilla Parishads at such commencement or who have been provisionally promoted, shall be deemed always to have been validly allotted to the provisional posts, and to have been properly continued, and to have been validly promoted and the terms and conditions of service of allotment of such members to such posts determined or purported to be determined from time to time shall be deemed to have been validly determined, as if the provisions of sub-section (1) of this section had been then in force. (4) The salaries and allowances of all members of the service of the State Government who have been allotted, or are allotted or are deemed to be allotted to posts under Zilla Parishads under this section or who have been provisionally promoted, shall be paid out of the district fund. (5) A notification issued by the State Government extending the transitional period under sub-section (1) shall be laid before each House of the State Legislature as soon as possible after it is issued.] 1[253B. Power of State Government to depute Government servants to District Services.— (1) Where on the transfer or entrustment of powers and functions of the State Government to Zilla Parishads or Panchayat Samitis by or under this Act, any post in a cadre of Class III or Class IV service of the State Government (being posts not falling under section 242) have been or are rendered surplus to the requirements of the State Government, the State Government or the authorised officer may, regard being had to the exigencies of the service in the Zilla Parishads and also in the State Government, depute from time to time persons holding posts in Class III or Class IV service of the State Government in such cadres, to the Zilla Parishads; and the Zilla Parishads shall take them on deputation : Provided that,— (a) the period of deputation (including any period of temporary allotment, already put in, if any, under this Act) shall not (unless any person elects to remain on deputation longer) exceed 2[eleven years] in the aggregate, and shall not in any case extend beyond 3[twenty-one years] from the appointed day; and such persons shall, on the expiry of the relevant period, stand repatriated to service under the State Government; (b) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the State Government during his deputation; 1 Section 253B was inserted by Mah. 13 of 1967, s. 7. 2 These words were substituted for the words “nine years” by Mah. 22 of 1971, s. 3. 3 These words were substituted for the words “twenty years” by Mah. 11 of 1982, s. 2. 134 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 (c) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation. (2) A person holding a post in Class III or Class IV service of the State Government falling under section 242 may, pending his final allotment to a Zilla Parishad be deputed by the State Government or the authorised officer to any Zilla Parishad and the Zilla Parishad shall take him on deputation : Provided that— (a) such person shall not be entitled to any deputation allowance or to revert to service under the State Government; (b) save as in clause (a), the terms and conditions of service shall not be less advantageous than those applicable to such person immediately before such deputation. (3) The persons holding posts in Class III and Class IV services of the State Government as have been or deemed to have been validly allotted and properly continued, or to have been validly promoted to any posts under Zilla Parishads in pursuance of the provisions of this Act immediately before the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 1967 (Mah. XIII of 1967) shall be deemed to have been duly deputed to Zilla Parishads, until such persons are repatriated to service under the State Government or as the case may be, finally allotted to the District Services of the Zilla Parishads, and the provisions of sub-section (1) or, as the case may be, sub-section (2) shall apply in respect of the persons so deputed. (4) The salaries and allowances of persons deputed or deemed to be deputed to Zilla Parishads under this section shall be paid out of the district fund.] 1[253BB. Power of State Government to depute Government employees to District Services to give effect to the mandate of article 243-G of Constitution.— (1) Where on the transfer or entrustment of powers and functions of the State Government to the Zilla Parishads or Panchayat Samitis by or under this Act with a view to give effect to article 243-G read with the Eleventh Schedule of the Constitution of India, any posts in a cadre of Class III or Class IV service of the State Government have been or are rendered surplus to the requirements of the State Government, the State Government or the authorised officer may, depute from time to time, persons holding posts in the Class III or Class IV service of the State Government in such cadres, to the Zilla Parishads initially for the period of three years from the date of order of deputation, which may be extended by Government if necessary, and the Zilla Parishads shall take them on deputation : Provided that— (a) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the State Government during his deputation; (b) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation. (2) The Cadres of such Class III and Class IV Government employees deputed along with the transfer of the Schemes to the Zilla Parishads, shall be maintained independently. (3) In the event of any vacancy on account of resignation, death, retirement, etc., in such Class III and Class IV employees, such vacancy shall be filled up by the Zilla Parishads concerned only from the feeder cadre of the Government employees on deputation : Provided that, if no such Government employee is available from the feeder cadre for promotion or filling of the vacancy, the concerned Zilla Parishad may fill up such vacancy from amongst its employees.] 2[253BBB. Power of State Government to depute employees of Maharashtra Jeevan Authority to District Services.— (1) Where on transfer or entrustment of powers and functions, entrusted to the Maharashtra Jeevan Authority by the State Government, to the Zilla Parishads or 1 Section 253BB was inserted by Mah. 53 of 2000, s. 2. 2 Section 253BBB was inserted by Mah. 4 of 2002, s. 8, w.e.f. 12-11-2001. 1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 135 Samitis Act, 1961 Panchayat Samitis by or under this Act, with a view to give effect to article 243-G read with the Eleventh Schedule of the Constitution of India, any posts in a cadre of Class III or Class IV service of the Maharashtra Jeevan Authority have been or are rendered surplus to the requirements of the Maharashtra Jeevan Authority, the State Government may, direct the Maharashtra Jeevan Authority or the authorised officer thereof, to depute from time to time, persons holding posts in the Class III or Class IV service of the Maharashtra Jeevan Authority in such cadres, to the Zilla Parishads initially for a period of three years from the date of the order of deputation, which may be extended by the Maharashtra Jeevan Authority on the direction of the Government, if necessary; and the Zilla Parishads shall take them on deputation : Provided that— (a) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the Maharashtra Jeevan Authority during his deputation; (b) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation. (2) The cadres of such Class III and Class IV employees of the Maharashtra Jeevan Authority so deputed along with the transfer of the functions or activities of Water Supply Schemes to the Zilla Parishads, shall be maintained independently. (3) In the event of any vacancy on account of resignation, death, retirement, etc., in such Class III and Class IV employees, such vacancy shall be filled up by the Zilla Parishads concerned, only from the feeder cadre of the Maharashtra Jeevan Authority employees on deputation : Provided that, if no such Maharashtra Jeevan Authority employee is available from the feeder cadre for promotion or filling of the vacancy, the concerned Zilla Parishad may fill up such vacancy from amongst its employees.] 1[253C. Provision for voluntary allotment or premature retirement of Government servants falling under section 253B(1).— (1) If any posts in a cadre of Class III or Class IV service of the State Government falling under sub-section (1) of section 253B have been or are rendered surplus to the requirements of the State Government and are, therefore, required to be abolished, then the State Government or the authorised officer may, subject to the provisions in this Chapter, and with due regard to the exigencies of service in Zilla Parishads and also in the State Government, by general or special order, finally allot such persons holding posts in that cadre as elect to be allotted to Zilla Parishads to District Technical Service (Class III), District Service (Class III), or as the case may be, District Service (Class IV), or permit them to retire prematurely from the service of the State Government from such date as may be specified in the order (not being a date later than 2[twenty- three years] from the appointed day). The election shall be conveyed to the State Government or the authorised officer within such time and in such manner as the State Government may, by an order in the Official Gazette, specify in this behalf. Each of the Zilla Parishads to which such persons are alloted shall take them over from the said date; but such persons who are taken over shall not be entitled to benefits under the provisions of section 246 or to revert to service under the State Government; and thereupon, the provisions of section 242 shall apply in relation to persons so taken over, as they apply in relation to persons finally allotted under that section : Provided that, the number of persons finally allotted from a cadre to one or more Zilla Parishads and the number of persons permitted to retire prematurely shall not exceed the number of posts rendered surplus to that cadre on the transfer or entrustment of the powers and functions of the State Government to the Zilla Parishad or Parishads. (2) Where a person is permitted to retire under sub-section (1), he shall be entitled to such terminal benefits as pension or gratuity, or the like (but not compensation) which terminal benefits shall not be less favourable than the benefits he would have been entitled to had his service ceased under the Government on the date specified in the order made under sub-section (1). 1 Section 253C was inserted by Mah. 46 of 1969, s. 4. 2 These words were substituted for the words “twenty-one years” by Mah. 25 of 1983, s. 3(1), Previous allotment or retirement not affected [See s. 3(2) of Mah. 25 of 1983]. 136 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V Samitis Act, 1961 (3) A person whose final allotment or premature retirement under sub-section (1), is duly approved may, notwithstanding anything contained in section 253B, be continued in service under the State Government or on deputation to the Zilla Parishad, pending such final allotment or retirement.] 1[253CC. Provision for voluntary allotment or premature retirement of employees falling under section 253BBB.— (1) If any posts in a cadre of Class III or Class IV service of the Maharashtra Jeevan Authority falling under section 253BBB have been or are rendered surplus to the requirements of the Maharashtra Jeevan Authority and are, therefore, required to be abolished, then the Maharashtra Jeevan Authority in consultation with the State Government may, and with due regard to the exigencies of the services in the Zilla Parishads and also in the Maharashtra Jeevan Authority, by general or special order, finally allot such persons holding posts in that cadre who elect or opt to be allotted to the Zilla Parishads, District Technical Services (Class III), District Services (Class III) or as the case may be, District Services (Class IV), or permit them to retire prematurely from the service of the Maharashtra Jeevan Authority, from such date as may be specified in the order. The election or option shall be conveyed by the concerned employees who, make such election or option, to the Maharashtra Jeevan Authority within such time and in such manner as the State Government may, by an order in the Official Gazette, specify in this behalf. Each of the Zilla Parishads to which such persons are allotted shall take them over from said date; but such persons who .are taken over shall not be entitled to the terminal benefits such as compensation, pension or the gratuity or the like, as may be prescribed by the State Government or to revert to the service of the Maharashtra Jeevan Authority : Provided that, the number of persons finally allotted from a cadre to one or more Zilla Parishads and the number of persons permitted to retire prematurely shall not exceed the number of posts rendered surplus to that cadre on the transfer or entrustment of the powers and functions of the Maharashtra Jeevan Authority to the Zilla Parishads. (2) Where a person is permitted to retire under sub-section (1), he shall be entitled to such terminal benefits as pension or gratuity, or the like, as applicable to him (but not compensation), which terminal benefits shall not be less favourable than the benefits he would have been entitled to, had his service ceased under the Maharashtra Jeevan Authority on the date specified in the order made under sub-section (1). (3) A person whose final allotment or premature retirement under sub-section(1), is duly approved may, notwithstanding anything contained in section 253BBB, be continued in service under the Maharashtra Jeevan Authority or on deputation to the Zilla Parishad, pending such final allotment or retirement.] CHAPTER XV ALTERATION OF BOUNDARIES OF DISTRICTS AND BLOCKS