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

1. (1) From such date as may be specified, from time to time, by the State Government (hereinafter in this section referred to as "the appointed date"),-
   • (a) the properties and assets comprising movables and immovables including Irrigation Projects, Hydro-Electric Power Projects, works under construction and management of completed schemes, specified in that behalf, situated in the area of operation of the Corporation, which immediately before the appointed date vested in the State Government and were under the control of the Irrigation Department, shall vest in and stand transferred to the Corporation, and all income derived and expenses incurred in that behalf be brought on books of the Corporation ; and
   • (b) the rights, liabilities and obligations of the State Government, whether arising out of any contract or otherwise pertaining to the said projects of the State Government shall be deemed to be the rights, liabilities and obligations of the Corporation.
2. (2) Such properties, assets, rights, liabilities and obligations shall be valued in such manner as the State Government may determine.
3. (3) All suits and other legal proceedings with respect to any scheme for the development of Irrigation Projects and Hydro-Electric Power Projects entrusted to the Corporation, instituted or defended by or against the State Government before the appointed date may be continued, or instituted, or defended by or against the Corporation.

Where any doubt or dispute arises as to whether any property or assets has vested in the Corporation under section 15 or any rights, liabilities or obligations have become the rights, liabilities or obligations of the Corporation under that section such doubt or dispute shall be referred to the State Government, whose decision shall be final.

1. (1) Where on account of conferment of any powers, duties and functions on the Corporation by or under this Act, in the opinion of the State Government, any employees in the field establishments, that is, officers and employees belonging to technical staff as well as ministerial and non-ministerial staff (permanent, regular, temporary, converted regular permanent, temporary and daily wages) in the Irrigation Department on the date specified by the State Government engaged in the fields of planning, investigation, design, construction, management, land development of the state sector, irrigation projects, lift irrigation scheme and Hydro-Electric Power Projects, have been rendered surplus or are likely to be rendered surplus wholly or partially to the requirements of the State Government or where the services of such officer and servants are required by the Corporation 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 or employees to the Corporation, and the Corporation shall take them over and employ them on deputation, subject to the provisions of this section.
2. (2) The period of deputation of any such employee to the Corporation shall be five years except when any such person is required to be repatriated on the grounds such as promotion, reversion, termination or superannuation or any other reason as may be directed by the State Government. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government: Provided that, during the period of such deputation all matters relating to the pay, leave, allowances, retirement, pension, provident fund and other conditions of service of employees on deputation shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from time to time, be made by the State Government.
3. (3) All the regular, permanent and regular temporary permanent employees of the said establishment transferred on deputation to the Corporation under sub-section (2) shall have a lien on their post in the service under the State Government and the period of their service under the Corporation shall, on their repatriation to the service under the State Government, be counted for their increments, pensions and other matters relating to their service.
4. (4) The Corporation shall have the authority to transfer the officers and staff members within the area of operation of the Corporation.
5. (5) No employee on deputation to the Corporation shall be entitled to any deputation allowance.
6. (6) The salaries and allowances of employees on deputation to the Corporation shall be paid from the Corporation fund.
7. (7) Save as otherwise provided in this section, the terms and conditions of services of employees on deputation to the Corporation shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantage except with the previous sanction of the State Government.