Transfer of Government employees to the Board

(1) Ou 'IJ.nd aftor the establish1nent of the Board, the State Government 1nay, fro1n ti1ne to time, diroct that the services of such of the existing officers and servants of the State Government in tho Gujarat Public Health Engineer~ ing Service, who in its opinion, are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may ho specified by it (hereinafter in this section referred to as "the appointed date") and shall ou that date (which 1nay be difforont for different officers and servants) becoine the officers or servants of the Board. (2) Every permanent or temporary employee of the Gujarat Public Health Nugineering Service in respect of whom a direction is issued under sub·sootiou (1) shall, on and from the appointed date, be a permanent or temporary emplo-yee of the Board, as the case may be, against a permanent or temporary post, which shall stand oreated in the establishment of the Board with effect from tho appointed date. (3) Any offi.oer or servant so transferred shall hold his office under tha Board on the same tenure, remuneration and other oonditions of servioe and with the sam.e right.a and privileges as to pension, gratuity, provident fund and other matters as he would have hold on the appointed date if this Aot had not come into foroo, until his employment under tho Board is duly terminated or his remuneration or other conditions of serviae are duly revised or altered by the Board in pur~uance of the law whioh for tho time being governs his oonditi-ons of service: Provided that., the conditions of ~.crv1C1.· applicablo.:: immediately before the appointed date to the case of any such officer or i;ervant shall not be varied to his disadvantage, except with the previous approval of the State Government. (4) Any service rendered by such Government !'ervants und< r the State Government shall be deemed to be service rendered under the Board. (5) 'l'he snIUfl slanding to the credit 0f the (;lllployees rrff i'ted to in sub-secl,ion {1} in any pension, grc::tulty, pro..,-ident fund or otht r like· fui,d11 constituted for them sh<>ll be t.ransfPJT( d bv th(- Stat(· Goven;m• r,1 I(• thl Board nlong ·with nny accumulnted interesi: due till the apl'l,11.t• c c. t-e and \vith the accounts relating to such funds. (6) On and after the appointed date, the Board shall, to th(: ~'xclu~ion of the State Government, be liable for pr1.y·n1ent of p0nsio11, provic.ent fund, gratuity or other like stuns as n1ay be payabh- lo crupk1y<(·~ rtf• L'l"•(' 1,. in sub-section (1) at th1.; appropriatt tin1e i11 f!Ccordance with tht· conLit1ons of th!'ir serYice. (7) Not\Vithstanding anyt.hing contained in tho Industrial Disputes Aot, 1947, or in any other la'v for the time being in force, the transfer of services of any employee to the Board under sub-seotion (1) shall not entitle any suoh employee to any compensation u11de1 that Act or such other law and no such olai1u shall be enttni<nntd h)' any Court, tribunal or authority. (8) (a) Nothing contained in sub-section (1) shall apply W any employee 'Yho by notico in 'vriting given to the State Government within two months from tho appointed 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 Board. (b) Where such notice is received frotn any employee- (i) in ca so of a permanent employee, ho shall ho allowed to retire giving him the benefit of pcMion, gratuity, provident fund and otlwt benefits accrued to him bad he retired from the Government servioo ou tho appointed dato ; (ii) in case of a temporary employee, his services shall stand teimi-nated after giving him notice or remune1ation in lieu of notice as per tho existing servioo rules of the State Government.