Chapter III VESTING OF PROPERTY, ASSETS, LIABILITIES AND OBLIGATIONS AND TRANSFER OF EMPLOYEES

18. Vesting and transfer of property to 1[the Authority].- (1) From such different dates as may be specified, from time to time, by the State Government (hereinafter in this section referred to as "the appointed date"),-

1. (a) the properties and assets (including water works, buildings, laboratories, stores, vehicles, furnitures and other furnishing), specified in that behalf, which immediately before the appointed date, were vested in the State Government for the purposes of the Maharashtra Environmental Engineering Service, shall vest in and stand transferred to 2[the Authority]; and
2. (b) the rights, liabilities and obligations of the State Government, whether arising out of any contract or otherwise pertaining to the said service, shall be the rights, liabilities and obligations of 3[the Authority].

1. (2) such properties, assets, rights, liabilities and obligations shall valued in such manner as the State Government may determine.
2. (3) All suits and other legal proceedings with respect to the matters referred to above instituted or to be instituted or defended by or against the State Government before the appointed date may be continued, or instituted, or defended by or against 4[the Authority].

Where any doubt or dispute arises as to whether any property or asset has vested in 1[the Authority] under section 18 or any rights, liabilities or obligations have become the rights, liabilities and obligations of 2]the Authority] under that section, such doubt or dispute shall be referred to the State Government, whose decision shall be final.

20. Vesting of existing water supply and sewerage services in 1[the Authority].- (1) Notwithstanding anything contained in any law for the time being in force, 2[the Authority] may, at any time, with the previous approval of the State Government take over any water supply and sewerage services for maintenance or augmentation or improvement from any local body, and in such cases-

1. (a) all the existing water supply and sewerage services, sewerage works and sewage farms, including, as the case may be, all plants, machineries, water works, pumping stations, filter beds, water mains and public sewers in, along, over or under any public street and all buildings, lands and other works, materials, stores and things appertaining thereto, belonging to or vested in that local body;
2. (b) so much of the sub-soil appertaining to the said water mains and sewers as may be necessary for the purpose of enlarging, deepening or otherwise repairing or maintaining, any such water mains and sewers or any pipes and other appliances and fittings connected with such water supply and sewerage services and sewage works and sewage farms; and
3. (c) all rights, liabilities and obligations of such local body relating to the things mentioned in clauses (a) and (b) including the right to recover arrears of water tax and sewerage tax, by whatever name called, and of any cost or fees or charges relating to water supply and sewerage services and also including liabilities arising from any loans advanced by Government or any other persons to the said local body for the things aforesaid, other than loans diverted to or utilised for purposes other than those referred to in clauses (a) and (b), shall, on such date as may be specified by 3[the Authority], stand transferred to and vested in 4[the Authority] and be subject to its control.

1. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine.
2. (3) Where any doubt or dispute arises as to whether any property or assets has vested in 5[the Authority] under sub-section (1) or any rights, liabilities or obligations have become the rights, liabilities or obligations of 6[the Authority] under this section, such doubt and dispute shall be referred to the State Government, whose decision shall be final and binding on 7[the Authority] and the local body concerned.
3. (4) For taking over any properties or assests of the local body, 8[the Authority] shall pay to that body such amount as may be mutually agreed upon. In the absence of any such agreement, the State Government shall determine the amount to be paid to the local body on the basis of the valuation made under sub-section (2) and after taking into consideration the statutory duty of the local body to provide water supply and sewerage services, the grants received by the local body, from time to time, the outstanding loan liabilities of the local body, and such other relevant factors. The decision of the State Government shall be final and binding on both parties.

21. 1[Authority] to assume obligations in respect of matters to which this Act applies for water works taken over from local bodies.- In respect of water works taken over from a local body by 2[the Authority], all debts and obligations incurred, all contracts entered into, all matters and things engaged to be done by, with or for any local body prior to taking over the works by 3[the Authority] shall be deemed to have been incurred, entered into or engaged to be done by, with or for 4[the Authority]; and all suits or other legal proceedings instituted or which might, but for transfer and vesting under sub-section (1) of section 20, have been instituted or defended by or against the local body, may be continued or instituted or defended by or against 5[the Authority].

22. Co-ordination of activities of 1[the Authority] and other local bodies.- If the State Government is of opinion that it is in the public interest that 2[the Authority] and other local bodies having jurisdiction over contiguous areas should co-ordinate their activities in relation to water supply services or a sewerage services or both, it may issue such directions to 3[the Authority] and the other local bodies concerned as it may think fit. It shall be the duty of 4[the Authority] and other local bodies to comply with such directions.

1[22A. Posting and appointment of Engineers in Zilla Parishad, and Maharashtra Jeevan Authority, respectively.- (1) On the directions issued by the State Government, the Authority shall post, from time to time, to work under the Zilla Parishads constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962), such number of Deputy Engineers, (Grade-II) and Executive Engineers (Grade-I), from its cadre of Engineers, having due regard to exigencies of services in the Zilla Parishads for such period and on such terms and conditions as may be decided by the Authority and the concerned Zilla Parishads: Provided that the terms and conditions of service of such persons shall not be less advantageous than those applicable to them immediately before such posting.

1. (2) The Authority shall make a provision in consultation with the State Government, in its recruitment rules for the post of Engineers (Grade-II), so as to make eligible for appointment, on the establishment of the Authority the employees of the District Technical Services (Class-III), specified in the said rules, and the State Government shall prepare a select list of the employees of the District Technical Services (Class-III), for appointment of such employees to the post of Engineer (Grade-II), in the Authority.
2. (3) Where under the recruitment rules for the Engineer (Grade-II), of the Authority, the employees of the District Technical Services (Class-III), specified therein, are made eligible for appointment in such Engineer (Grade-II), Service, the Authority or an Officer authorised by it in that behalf, in consultation with the State Government and the employee concerned, and having due regard to the exigencies of service in the Authority and also in the Zilla Parishads by order in writing appoint, from time to time, such employees in the authority from the select list, prepared of the employees of the District Technical Services (Class-III) not earlier than one year from the date of such appointment, by the State Government.
3. (4) The employees from the District Technical Services (Class-III), appointed in Engineer (Grade-II), Service of the Authority shall be the officers of the Authority and shall be governed by the conditions of service made by the Authority for the said posts: Provided that any service rendered by any such employee under the concerned Zilla Parishads shall be deemed to be the service rendered under the Authority.
4. (5) It shall be the duty of the Authority and the Zilla Parishads to comply with the directions issued by the State Government in this behalf.]

1[22AA. Power of State Government to depute Government employees entrusted to Maharashtra Jeevan Authority to Zilla Parishads.- Where on transfer or entrustment of powers and functions of the Authority to the Zilla Parishads or Panchayat Samitis, by or under this Act, any posts in a cadre of Class III or Class IV service of the Authority, have been or are rendered surplus to the requirements of the Authority, the State Government may, having due regard to the increase of work and exigencies of the services in the Zilla Parishads, direct the Authority to depute, from time to time, persons holding posts in such cadres, to the Zilla Parishads for such a period and on such terms and conditions, as may be decided by the State Government in consultation with the Authority, and the Zilla Parishads shall take them on deputation:/hr/1 Provided that, no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the Authority during his deputation: Provided further that, the terms and conditions of service of such persons shall not be less advantageous than those applicable to them immediately before such deputation.

1[22AAA. Provisions for voluntary allotment or premature retirement of employees falling under section 22AA.- If any posts, in a cadre of Class III or Class IV service of the Authority have been or are rendered surplus to the requirements of the Authority and are, therefore, required to be abolished, then the State Government may, by general or special order, direct the Authority to give an option to the concerned employees to assent to be finally allotted to the Zilla Parishads or permit them to retire prematurely from the service of the Authority from such date as may be specified in the order, by the State Government. The position in this behalf shall be conveyed by the Authority to the State Government and the State Government may, by an order in the Official Gazette, allot such surplus staff to each of the Zilla Parishads with due regard to the exigencies of services; and such Zilla Parishad shall take them over from the said date: Provided that, no person so taken over shall be entitled to be repatriated to service under the Authority: Provided further that, such employee who opt for retirement, shall be entitled to such terminal benefits as pension or gratuity 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 services ceased under the Authority on the date specified in the order.]

23. Transfer of 1[certain] Government employees to 2[the Authority].- (1) On and after the establishment of 3[the Authority], the State Government may, from time to time, direct that the services of such of the existing officers and servants of the State Government in the Maharashtra Environmental Engineering Service, 4[who belong to the categories of officers and servants referred to in entries (1) and (2) in clause (xiii) of section 2 and] who in its opinion, are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may be specified by it (hereinafter in this section referred to as "the appointed date") and shall on that date (which may be different for different officers and servants) become the officers or servants of 5[the Authority].

1. (2) Every permanent or temporary employee of the Maharashtra Environmental Engineering Service in respect of whom a direction is issued under sub-section (1) shall, on and from the appointed date, be a permanent or temporary employee of 6[the Authority], as the case may be against a permanent or temporary post, which shall stand created in the establishment of 7[the Authority] with effect from the appointed date.
2. (3) Any officer or servant so transferred shall hold his office under 8[the Authority] 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 matters as he would have held on the appointed date if this Act had not come into force. Any service rendered by him under the State Government shall be deemed to be service rendered under 9[the Authority]. He shall continue to serve under 10[the Authority] until his employment under 11[the Authority] is duly terminated or his remuneration or other conditions of service are duly revised or altered by 12[the Authority] 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 appointed 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.
3. (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 to 13[the Authority] along with any accumulated interest due till the appointed date and with the accounts relating to such funds. On and after the appointed date 14[the Authority] shall, to the exclusion of the State Government, 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.
4. (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 15[the Authority] 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.
5. (6) Nothing contained in sub-section (1) shall apply to any employee who by notice in writing given to the State Government within two months from the 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 16[the Authority]. Where such notice is received from any employee-
   • (a) in case of a 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 on the appointed 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.
6. (7) Notwithstanding anything contained in the foregoing sub-sections-
   • (a) no person employed in the Maharashtra Environmental Engineering Service against whom any disciplinary proceeding is pending or to whom any notice or order of termination of his services or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to 17[the Authority], and such person may be dealt with after the said date in such manner and by such authority as the State Government may by general or special order specify in this behalf;
   • (b) if the services of any employee of the State Government stand transferred under sub-section (1) to 18[the Authority] 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 which he was in service of the State Government.

1[23A. Power of State Government to depute certain Government employees to 2[the Authority].- (1) Where on account of conferment of any powers, duties and functions on 3[the Authority] by or under this Act, in the opinion of the State Government, any posts in the Maharashtra Environmental Engineering Service of any officers and servants belonging to categories referred to in entries (3) and (4) in clause (xiii) of section 2, have been rendered or are likely to be rendered surplus wholly or partially, to the requirements of the State Government, or where the services of any such officers and servants are required by 4[the Authority] for efficient exercise of its powers, performance of its duties or discharge of its functions, the State Government, the Head of the Department of the State Government or any officer authorised by the State Government in this behalf may, from time to time, having regard to the necessity therefor, by order depute such officers and servants to 5[the Authority] and 6[the Authority] shall take them over and employ them on deputation, subject to the provisions of this section.

1. (2) The period of deputation of any such employee to 7[the Authority] shall be two years from the date he is taken over by 8[the Authority] (hereinafter in this section referred to as "the appointed date"), except when, with the consent of 9[the Authority] and the State Government, he elects to remain on deputation for a longer period not exceeding five years in the aggregate, or except when he is recalled to Government service at any time by the State Government in consultation with 10[the Authority]. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government.
2. (3) Any employee so deputed shall have an option, which shall be exercised by him within a period of one year from the appointed date by giving a notice in writing to the State Government, requesting the State Government to permit him to revert to Government service after the expiry of the period of two years of deputation or to permit him to be absorbed in the service of the 11[the Authority]. If 12the Authority] agrees to absorb him in its service on the same terms and conditions as are laid down in section 23, he shall become an employee of 13[the Authority] from the date specified by it and the provisions of section 23 shall, mutatis mutandis, apply to him as if he were transferred to 14[the Authority] under that section. If any employee fails to give notice as aforesaid in time, he shall be deemed to have opted to revert to Government service after the expiry of the period of two years of deputation.
3. (4) If during the period of the first two years of compulsory deputation, employee concerned is entitled to promotion in his parent Department, he shall at his request in writing be permitted to revert to his parent Department or to get proforma promotion if he continues on deputation with 15[the Authority].
4. (5) No employee on deputation to 16[the Authority] shall be entitled to any deputation allowance.
5. (6) The salaries and allowances of employees on deputation to 17[the Authority] shall be paid from 18c9560the Authority] Fund.
6. (7) Save as otherwise provided in this section, the terms and conditions of service of employees on deputation to 19[the Authority] shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantages except with the previous sanction of the State Government].