section 13
Corporation to absorb certain staff and to assume obligations of State Government in respect of matters to which this Act applies.
The Maharashtra Industrial Development Act, 1961Corporate196172 sections
Statutory text
- (1) The Corporation shall take over and employ such of the existing staff serving for the purposes of the Board of Industrial Development constituted by Government Resolution in the Industries and Labour Department, No. IDL. 2360/140755-IND-1, dated the 1st October 1960, as the State Government may direct, and every person so taken over and employed shall be subject to the provisions of this Act and the rules and regulations made thereunder : Provided-
- (a) that, during the period of such employment all matters relating to the pay, leave, retirement, allowances, pensions, provident fund and other conditions of service of the members of the said staff shall be regulated by the Bombay Civil Services Rules or such other rules as may from time to time be made by the State Government;
- (b) that, any such member shall have a right of appeal to the State Government against any order of reduction, dismissal or removal from service, fine or any other punishment.
- (2) All permanent servants of the said staff taken over and employed by the Corporation under sub-section (1) shall have a lien on their posts in the service of the State Government, and the period of their service under the Corporation shall on their reversion to the service of the State Government, be counted for their increments, pension and other matters relating to their service.
- (3) All obligations incurred, all contracts entered into and all matters and things engaged to be done, before the first constitution of the Corporation, by, with or for the State Government or the Board of Industrial Development aforesaid for any of the purposes of this Act, in respect of any schemes for the development of industrial estates or industrial areas entrusted to the Corporation, shall be deemed to have been incurred, entered into or engaged to be done by, with or for the Corporation; and accordingly all suits or other legal proceedings instituted or which might have been instituted by or against the State Government or the Board of Industrial Development, as the case may be, may be continued or instituted by or against the Corporation.
- (4) All expenditure which the Board of Industrial Development may have incurred before the date of the coming into force of this Act in connection with any of the purposes of this Act shall be deemed to be a loan advanced to the Corporation under section 21 on that date, and all assets acquired by such expenditure shall vest in the Corporation : 1[Provided that, where any capital receipts have been recovered by the Board in the course of its dealings with such assets, the amount of such receipts shall be excluded from the amount to be treated as a loan to the Board under this sub-section.]
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