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The Maharashtra Public Services (Subordinate) Selection Boards (Repeal) Act, 1983

The Maharashtra Public Services (Subordinate) Selection Boards (Repeal) Act, 1983

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1. Short title and commencement

Statutory text
  1. (1) This Act may be called the Maharashtra Public Services (Subordinate) Selection Boards (Repeal) Act, 1983.
  2. (2) It shall be deemed to have come into force on the 18th June 1983.

2. Repeal of Mah. XXI of 1973 and dissolution of Boards constituted thereunder.

Statutory text

On and with effect from the date of commencement of this Act, the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 1973), shall stand repealed, and all the Selection Boards and the Special Selection Board constituted thereunder shall stand dissolve, and the members thereof shall be deemed to have vacated their office.

3. Amendment of certain enactments.

Statutory text

The enactment specified in column 2 of the Schedule hereto are hereby amended in the manner, and to the extent, specified in column 3 thereof.

4. Validation of certain appointments to Subordinate service.

Statutory text

Notwithstanding anything contained in the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 1973), every person who has appointed to any post in the Subordinate service on or before the day immediately preceding the date of commencement of this act, and who is still in service on the date of commencement of this Act, shall be deemed to have been validly appointed to that post, notwithstanding that such person was not nominated or recommended by a Selection Board, or as the case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services (Subordinate) Selection Board Rules, 1976, or any other rules or orders for the time being in force or that no revised rules for selection of candidates by a Selection Board or a Special Selection Board were framed; and no such appointment shall be called in question in any Court or before any authority merely on the ground that he was not duly selected or appointed: Provided that,-

  1. (a) in the case of such appointment under the State Government, the initial appointment of the person is made-
    • (i) in conformity with the age limit and minimum qualifications prescribed in the recruitment rules for the post in force at the time of such appointment ;
    • (ii) from amongst candidates recommended by the Employment Exchange of Social Welfare Officer or Backward Class organisations authorised by Government to sponsor candidates for appointment to Government services or the Collector from the list of candidates employed during the 1977-78 strike period ;
    • (iii) in conformity with the orders issued by Government, from time to time, in respect of reservation of posts for persons belonging to backward classes, economically weaker sections, ex-servicemen, physically handicapped persons, or any other category;
  2. (b) in the case of such appointment under the Zilla Parishads, the Municipal Councils, the Municipal School Boards constituted under the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), the Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 1948 (LIV of 1948), and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (LXIV of 1950), the initial appointment of the person is made in conformity with the relevant rules or regulation or orders made by the authority concerned for the post, or any orders issued in that behalf by Government, and in force at the time of such appointment. Explanation.- For the purpose of determining the initial appointment referred to in the proviso to this section, any technical break in service effected, and any subsequent formal order of appointment made, in respect of any person continued in any post in the Subordinate service, in order to comply with the requirements of any rules or orders made or issued in respect of recruitment to the Subordinate service, shall be ignored.

5. Savings.

Statutory text

Save as otherwise provided in this Act, the provisions of section 7 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), with regard to effect of repeal, shall apply.

6. Repeal of Mah. Ord. XIV of 1983.

Statutory text
  1. (1) The Maharashtra Public Services (Subordinate) Selection Boards (Repeal) Ordinance, 1983 (Mah. Ord. XV of 1983), is hereby repealed.
  2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken, as the case may be, under the corresponding provisions of this Act.

PDF: pending for this language.

SCHEDULE

SCHEDULE (See section 3) Enactments Amended Number and year Short title Amendments 1 2 3 Mah. V of 1962. The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. 1. In section 2, after clause (12), the following clauses shall be inserted, namely:— “(13) “District Selection Board” means a Board constituted under section 250 ;

  1. (14) “Divisional Selection Board” means a Board constituted under section 250 ;”. 2. In section 95, in sub-section (2), for clause (b), the following clause shall be substituted namely :— “(b) shall appoint officers and servants of Class III service from the lists of candidates selected by the District Selection Board, or as the case may be, the Divisional Selection Board and also under the proviso to section 251;”. Established of Divisional Selection Boards and District Selection Boards. Constitution of Divisional and District Selection Boards. 3. After section 248, the following sections shall be inserted, namely :— “249. There shall be a Divisional Selection Board for each Division and a District Selection Board for each District. 250. (1) For the purpose of securing impartial selection of personnel in the District Technical Service (Class III) and District Service (Class III), the State Government shall constitute the Divisional Selection Boards and the District Selection Boards.
  2. (2) The members of the Boards constituted as aforesaid shall be appointed by the State Government and each Board shall consist of such number of members not exceeding six as that Government may determine.
  3. (3) The State Government shall appoint a Chairman for each of the aforesaid Boards from among its members.
  4. (4) The members who are not officers of the State Government shall be paid such honoraria, travelling and other allowances as may be determined by the State Government. The State Government may by rules determine other terms of their appointment and the terms so determined shall not be varied to their disadvantage after their appointment. 1983 : Mah. XXXIV] 2 SCHEDULE—contd. Number and year Short title Amendments 1 2 3
  5. (5) The State Government shall appoint any officer or person to be the Secretary of each of the Boards constituted by the State Government. Function of Selection Boards. 251. Subject to the rules made by the State Government in that behalf, it shall be the duty of the Divisional Selection Board to select candidates for appointment to posts in each grade and each category of the District Technical Service (Class III), and it shall be the duty of the District Selection Board to select candidates for appointment to posts in each grade and each category of officers and servants in the District Service (Class III) : Provided that, nothing in this section shall prevent the State Government from making any rules, in consultation with a Divisional Selection Board or a District Selection Board, specifying the circumstances in which, it shall not be necessary for the Divisional Selection Board or the District Selection Board to select candidates for appointment to a post or posts specified in such rules, and providing for the manner in which such appointment shall be made by the Chief Executive Officer.”. 4. In section 274, in sub-section (2), after clause (xxxix), the following clauses shall be inserted, namely :— “(xl) under sub-section (4) of section 250 determining other terms of appointment of members referred to in that section ;
    • (xli) under section 251, prescribing the rules subject to which the Divisional Selection Board shall select candidates for appointments to posts in each grade and each category of the District Technical Service (Class III), and the District Selection Board shall select candidates for appointments to posts of each grade and each category of officers and servants in the District Service (Class III) ;”. Mah. XL of 1965. The Maharashtra Municipalties Act, 1965. 1. In section 76,—
    • (a) in sub-section (2), for the words, brackets and figures “Subject to the provisions of the Maharashtra Public Services (Subordinate) SCHEDULE—contd. Number and year Short title Amendments 1 2 3 Selection Board Act, 1973 (Mah. XXI of 1973), and the rules made thereunder, the qualifications” the words “The qualifications” shall be substituted ;
    • (b) for sub-section (3), the following subsection shall be substituted, namely :— “(3) (a) The power of making appointment to any post referred to in clause (a) of subsection (2) shall vest in the Standing Committee, and if the Council so decides, in the President.
    • (b) The power of making appointment to any post referred to in clause (b) of subsection (2) shall vest in the Council, or in the Standing Committee, if the Council so decides.”. 2. In section 79, in sub-section (2),—
    • (a) the first proviso shall be deleted ;
    • (b) in the second proviso, for the words “Provided further that” the words “Provided that” shall be substituted. Bom. LXI of 1947. The Bombay Primary Education Act, 1947. In section 23,—
  6. (1) in sub-section (4),—
    • (a) for the words “and Attendance Officers” the words “, Attendance Officers and teachers” shall be substituted ;
    • (b) after the words “selection of candidates” the words “and teachers” shall be inserted ;
  7. (2) in sub-section (5), for the words, brackets and figure “Subject to the provisions of sub-section (6), the school board” the words “The school board” shall be substituted;
  8. (3) sub-section (6) shall be deleted ;
  9. (4) for the marginal note, the following shall be substituted, namely :“Staff Selection Committee.”.