Chapter XIV PROVISIONS AS TO SERVICES

In this Chapter, unless the context requires otherwise—

1. (a) “appointed day” means the day on which this Act comes into force;
2. (b) “existing board” means a district local board established under the Bombay Local

Boards Act, 1923 (Bom. VI of 1923), a district board constituted under the Hyderabad District

Boards Act, 1955 (Hyd. I of 1956), a Janapad Sabha constituted under the Central Provinces and Berar Local Government Act, 1948 (C. P. & Berar XXXVIII of 1948), a District School Board constituted under the Bombay Primary Education Act, 1947 (Bom.

Posting of State officers

1[Maharashtra Jeevan Authority Engineers] and constitution

of services.— For the purposes of enabling a Zilla Parishad to discharge the duties and functions

imposed on it by or under this Act,—

1. (a) the State Government shall post from time to time to work under every Zilla Parishad such number of officers of the Class I and Class II Services of the State and of the General State Service (including any officers appointed to such services from amongst persons employed by the existing board), and
   • • * * * * officers of the All India Services allocated to serve under the State Government as the Government consider necessary; and
2. (b) there shall be constituted by the State Government as from the appointed day the following services for each Zilla Parishad, that is to say,—
   • (i) a District Technical Service (Class III),
   • (ii) a District Service (Calss III),
   • (iii) a District Service (Calss IV). The cadres to be formed for each of such Services will be determined initially by the State Government. 3[(c) (i) It shall be lawful for a Zilla Parishad to appoint, having due regard to the exigencies of services in the Zilla Parishad, on its establishment such number of Deputy Engineers (Grade-II) or Executive Engineers (Grade-I) from the cadre of Engineers of the Maharashtra Jeevan Authority (hereinafter referred to be “the Authority”), for such period and These words were inserted by Mah. 4 of 1999, s. 2(2). The brackets and words “(with the concurrence of the Central Government)” were deleted by Mah. 22 of 1962, s. 10. Clause (c) was added by Mah. 4 of 1999, s. 2(1).

126 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961 on such terms and conditions as may be decided by the Authority and the concerned Zilla Parishad : 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. (ii) The salaries and allowances of such Engineers posted under sub-clause (i) in the Zilla Parishad shall be paid out of the District fund].

Subject to rules prescribed in this behalf, the State Government shall, as from the appointed day, appoint such of the persons employed by an existing board immediately before that day as were holding posts and scales of pay generally corresponding to those in Class I and Class II Services of the State and the General State Service to appropriate cadres of Class I and Class II Services of the State and, the General State Service and their terms and conditions of service as respects pay, allowances, leave, transfer, retirement, pension, provident fund and other service conditions shall be regulated by the rules and orders which regulate the conditions of service of the members of the appropriate cadres of the State Services : Provided that, the terms and conditions of employment applicable immediately before the appointed day to any classes or categories of persons appointed to the State Service shall not be varied to their disadvantage except with the approval of the State Government : Provided further that, any service rendered under the existing board by any such person shall be deemed to be service under the State Government.

Subject to the provisions of this Chapter, every person employed by an existing board immediately before the appointed day shall, as from that day, be appointed a member of the District Technical Service (Class III), the District Service (Class III) or as the case may be, of the District Service (Class IV) and shall become an officer or servant of, and hold office under, a Zilla Parishad :

Provided that, the terms and conditions of service applicable immediately before the appointed

day to the case of any person appointed as member of any of the services aforesaid shall not be varied to his disadvantage except with the previous approval of the State Government :

Power of State Government to allot Government servants to Zilla Parishads finally.— Where on the transfer or entrustment, from time to time, of powers and functions of the State Government to Zilla Parishads or Panchayat Samitis by or under this Act, all posts in a cadre of Class III or Class IV service of the State Government have been rendered surplus to the requirements of the State Government and are, therefore, required to be abolished, the State Government or any Head of Department of the State Government duly authorised by it in that behalf (hereinafter in this Chapter referred to as the “authorised officer”) may, subject to the provisions of this Chapter, by general or special order, finally allot such persons who hold posts in that cadre (and who have no lien on any permanent post outside that cadre under the State Government), to the District Technical Service (Class III), the District Service (Class III) or, as the case may be, the District Service (Class

IV). The allotment shall take effect from such date as may be specified in the order

2[to be made at

least six months in advance] (hereinafter referred to as the “allotment date”) on the terms and conditions as may be prescribed by the State Government in this behalf, which terms and conditions shall not, as far as may be, be less advantageous than those applicable to them immediately before such allotment. On allotment, the persons so allotted shall be taken over by the Zilla Parishads :

Section 242 was substituted for the sections 242 and 242A, by Mah. 13 of 1967, s. 3. These words were inserted by Mah. 22 of 1970, s. 9.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 127

Samitis Act, 1961 Provided that, no persons shall be allotted after the expiry of

1[twelve years] commencing from the appointed day : Provided further that, the terms and conditions of service applicable on such allotment of any person to any of the District Services aforesaid, shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided also that, any service rendered by any person under the State Government shall be deemed to be service under the Zilla Parishad. Explanation.— For the purposes of this section the Head of Department means the Head of Department within the meaning of the Bombay Civil Services Rules, 1959.].

Where, consequent upon the revesting of any works or development schemes in relation to any subjects enumerated in the District List under sub-section (1) of section 100 in the State Government or the withdrawal of the execution or maintenance of any work or development scheme under sub-section (4) of section 123 by the State Government, any posts in cadre of District Technical

required to be abolished, the State Government shall, in consultation with the Zilla Parishad, by order in writing, direct that such persons holding posts in that cadre not exceeding the number of surplus posts (being as far as possible persons who are assigned duties for the time being in connection with the execution, management or maintenance of any such work, or development scheme) be transferred to the appropriate cadre in the services of the State Government. The transfer of service shall take effect from such date as may be specified in the order and on such terms and conditions as the State Government may by general or special order direct. Such terms and conditions shall not, as far as may be, be less advantageous than those applicable to them immediately before such transfer. On such

transfer the persons so transferred shall be released by the Zilla Parishad from its service and taken

over by the State Government : Provided that, the terms and conditions of service applicable on such transfer of any person from any of the District Services shall not be varied to his disadvantage except with the previous approval of the State Government : Provided further that, any service rendered by any such person under the Zilla Parishad shall be deemed to be service under the State Government.]

State Services.— (1) Where under the recruitment rules for any Class I or Class II Service of the

State or for the General State Service any class or classes of the Zilla Parishad employees specified

therein are made eligible for appointment in any such State Service, the State Government, or any officer authorised by it in that behalf, may, in consultation with the Zilla Parishad and the employee concerned, and having due regard to exigencies of service in the Zilla Parishad and also in the State Service, by order in writing appoint, from time to time, any such employee or employees to any such State Service.

1. (2) The State Government may make rules or orders for regulating the appointment and the terms and conditions of service of any Zilla Parishad employees appointed in any State Service under sub-section (1) :

Provided that, the terms and conditions of service applicable on such appointment of any Zilla

Parishad employee to any State Service shall not be varied to his disadvantage, except with the previous approval of the State Government : Provided further that, any service rendered by any such employee under the Zilla Parishad shall be deemed to be service rendered under the State Government.]

These words were substituted for the words “ten years” by Mah. 22 of 1971, s. 2. Section 242A was inserted by Mah. 6 of 1975, s. 44. Section 242B was deemed to have been inserted on 1 st March 1971 by Mah. 14 of 1979, s. 2.

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Samitis Act, 1961

1. (1) On and after the

commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1992

(Mah. 1 of 1993), where on the transfer or entrustment, from time to time, of powers and functions of the State Government, the Maharashtra Water Supply and Sewrage Board (hereinafter, in this section, referred to as “the Board”) or, as the case may be, District Rural Development Agency (hereinafter in

this section referred to as “the Development Agency”), to Zilla Parishad or Panchyat Samitis by or

under this Act, the State Government may, notwithstanding anything contained in any of the provisions of this Act, or in any other law for the time being in force, direct, from time to time, that the services of such of the existing officers and servants of the State Government, the Board or, as the case may be, the Development Agency, who in its opinion, are rendered surplus to the requirements of the State Government, the Board or the Development Agency, shall stand terminated and their posts shall stand abolished, from such date as may be specified prospectively or retrospectively by the State Government (hereinafter in this section referred to as “the specified date”) and shall on that date (which may be different for different officers and servants) become the officers or servants of the Zilla Parishad.

1. (2) Every permanent or temporary employee of the State Government, or the Board or the Development Agency in respect of whom a direction is issued under sub-section (1) shall, from the specified date, be a permanent or temporary employee of the Zilla Parishad, as the case may be, against a permanent or temporary post, which shall stand created in the establishment of the Zilla Parishad with effect from the specified date.
2. (3) Any officer or servant so transferred shall hold his office under the Zilla Parishad 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 matter as he would have held on the specified date if this section had not come into force. Any service rendered by him under the State Government, the Board or, as the case may be, the Development Agency shall be deemed to be service rendered under the Zilla parishad. He shall continue to serve under the Zilla Parishad until his employment under the Zilla Parishad is duly terminated or his remuneration or other conditions of

service are duly revised or altered by the Zilla Parishad 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 specified 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.

1. (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 or the Board or the Development Agency, as the case may be, to the Zilla Parishad along with any accumulated interest due till the specified date and with the accounts relating to such

funds. On and after the specified date the Zilla Parishad shall, to the exclusion of the State

Government, the Board or, as the case may be, the Development Agency be liable for payment of

Section 242BB was inserted by Mah. 4 of 1999, s. 3. Section 242C was inserted by Mah. 1 of 1993, s. 11.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 129

Samitis Act, 1961 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.

1. (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 the Zilla Parishad 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.
2. (6) Nothing contained in sub-section (1) shall apply to any employee who by notice in writing given to the State Government, the Board or, as the case may be, the Development Agency, within two months from the specified 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 Zilla Parishad. Where such notice is received from any employee—
   • (a) in case of 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 or from the service of the Board or, as the case may be, the Development

Agency on the specified date;

1. (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, the Board or, as the case may be, the Development Agency.

1. (7) Notwithstanding anything contained in the foregoing sub-sections if the service of any employee of the State Government, the Board or the Development Agency stand transferred under sub-section (1) to the Zilla Parishad, the Zilla Parishad 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 while he was in service of the State

Transfer of certain employees of District Rural Development Agency to Zilla Parishad.— (1) On and after the commencement of the Bombay Village Panchayats and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2000 (Mah. 34 of 2000), the State Government may notwithstanding anything contained in any provisions of this Act or in any other law

for the time being in force, direct, from time to time, that the services of the Class III and Class IV

employees of the District Rural Development Agency (hereinafter in this section referred to as “the Development Agency”), who have been recruited directly by the Development Agency, shall stand transferred to the concerned Zilla Parishad against the existing posts in the appropriate cadres on the

establishment of that Zilla Parishad from such date as may be specified by the State Government

(hereinafter in this section referred to as “the specified date”) and these employees shall on that date (which may be different for different employees), become the employees of the concerned Zilla Parishad.

1. (2) Every employee of the Development Agency in respect of whom the direction is issued under sub-section (1) shall, from the specified date, become an employee of the concerned Zilla Parishad, against the existing post in the appropriate cadres on the establishment of that Zilla Parishad with effect from the specified date and the terms and conditions of service in respect of pay, allowances, leave, transfer, retirement, pension, provident fund and other service conditions of such

employees shall be regulated by the rules and orders which regulate the conditions of service of the

members of the appropriate cadres of the Zilla Parishad services.

1. (3) Any employee so transferred to a Zilla Parishad shall be treated as the junior most in the appropriate cadre of that Zilla Parishad service, from the specified date.
2. (4) Any employee so transferred shall hold his office under the concerned Zilla Parishad by the same tenure, at the same remuneration and upon the same other conditions of service and with the same rights and privileges as he would have held on the specified date if this section had not come into force. Any service rendered by him under the Development Agency shall be deemed to be service rendered under the concerned Zilla Parishad for the purposes of pension and gratuity only and not for the purpose of seniority in the appropriate cadre of the Zilla Parishad. He shall continue to serve Section 242D was inserted by Mah. 34 of 2000, s. 7.

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Samitis Act, 1961 under the concerned Zilla Parishad until his employment under that Zilla Parishad is duly terminated or his remuneration or other conditions of service are duly revised or altered by the Zilla Parishad in pursuance of law which for the time being governs his conditions of service :

Provided that, the conditions of service applicable immediately before the specified date to the

case of any such employee shall not be varied to his disadvantage, except with the previous approval of the State Government.

1. (5) The sums standing to the credit of the employees referred to in sub-section (1) in any provident fund or other like fund constituted for them shall be transferred by the Development Agency to the concerned Zilla Parishad alongwith any accumulated interest due till the specified date and with the accounts relating to such fund. On and after the specified date the concerned Zilla Parishad shall, to the exclusion of the Development Agency 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.
2. (6) Notwithstanding anything contained in the foregoing sub-sections, if the service of any employee of the Development Agency stands transferred under sub-section (1) to a Zilla Parishad, the Zilla Parishad 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 while he was in service of the Development Agency.]

(Class-Ill) in Maharashtra Jeevan Authority.— (1) Where the employees of the District Technical Service (Class-III) are made eligible under the recruitment regulations for Engineers (Grade-III), of the Maharashtra Jeevan Authority, for appointment in the said Engineer (Grade-II) Service, the Zilla Parishads may allow, having due regard to its exigencies of services and in consultation with the State Government and the employees concerned, by order in writing, the appointment of such employee on the establishment of the Authority from the select list prepared of the employees of the District Technical Services (Class-Ill), not earlier than one year from the date of such appointment, by the State Government : Provided that any service rendered by any such employee under the concerned Zilla Parishad shall be deemed to be the service rendered under the Authority.

1. (2) It shall be the duty of the Authority and the Zilla Parishad to comply with the direction issued by the State Government in this behalf.]

The initial

strength and composition of officers posted under a Zilla Parishad and of officers and servants in each class of service referred to in section 239 (including their designations, categories or grades) shall be such as the State Government

1[may by order issued from time to time (but not later than six months from the commencement of this Act) determine].

• • * * * *

1967 (Mah XLIII of 1967), the State Government may, for ensuring the proper utilisation of the establishment grant given to Zilla Parishads under section 183, by order, lay down a staffing pattern indicating the strength and composition of the officers and the servants in each class of service referred to in clause (b) of section 239 (including their designations, categories or grades)

• • * * * * : Provided that, thereafter a Zilla Parishad may alter under section 252 the strength and composition of the officers and servants in each class of such service so however as not to affect adversely, without the previous approval of the State Government, any officer or servant in that class of Service
• • * * *.

Persons becoming officers or servants of the Zilla Parishad under section 241, or allotted thereto under section 242

7[or section 253C], shall be initially appointed to the District Services by the Chief Executive Officer.] 245.

8[Salaries] and allowances of Government Servants posted under Zilla Parishad to be drawn from Consolidated Fund of State

• • * *.— Officer referred to in clause (a) of section 239 These words and brackets were substituted for the words “may by order determine” by Mah. 22 of 1962, s. 11. Two provisos were deleted by Mah. 43 of 1967, s. 10. Section 243A was inserted by Mah. 43 of 1967, s. 11. The portion beginning with the words “and may also by order” and ending with the words “from time to time” were deleted by Mah. 15 of 1974, s. 15(b). In the proviso, the portion begnning with the words “or may alter” and ending with the words “fixed as aforesaid” was deleted by Mah. 15 of 1974, s. 15(b). Section 244 was substituted by Mah. 13 of 1967, s. 4. These words, figures and letter were inserted by Mah. 46 of 1969, s. 2. This words was substituted for the word “Pay” by Mah. 13 of 1967 s. 5(2). The words “and district fund” were deleted by Mah. 15 of 1974, s. 16(c).

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 131

Samitis Act, 1961

and posted to work under a Zilla Parishad shall draw their

1[salaries] and allowances

2[(including travelling allowance)] from the Consolidated Fund of the State

• • * * *.

from Consolidated Fund of State.

Zilla Parishad.— Nothing in the foregoing provisions shall apply to any officer or servant of the State

Government before the appointed day,

4[or, as the case may be,

5[three months before the allotment date]], or such later date as may be prescribed by the State Government, intimates his option of not desiring to become or continue as an officer or servant of a Zilla Parishad, or as the case may be, an officer of the State Government, and thereupon he shall be permitted to retire from Government service or his employment under the existing board

6[or the Zilla Parishad] and shall be entitled to

such terminal benefits as compensation, pension, or gratuity, or the like, as may be prescribed by the State Government, which terminal benefits shall not be less favourable than the benefit he would have been entitled to

7[had his service ceased under the Government

8[or the Zilla Parishad] on the allotment date, or under the existing board on the appointed day.]

Where services of any workman employed by the State Government or by an existing board is transferred to or any such workman is re-employed by a Zilla Parishad, then notwithstanding anything contained in section 25F of the Industrial Disputes Act, 1947(XIV of 1947) such transfer or re-employment shall not entitle him to any compensation under that section : Provided that, the terms and conditions applicable to the workman after such transfer or re-employment are not less favourable to the workman, than those applicable to him before the transfer or re-employment.

Subject to the provisions of this Chapter, the State Government may make rules regulating—

1. (a) the recruitment (including reservation for Scheduled Castes and Scheduled Tribes and backward classes), functions, and terms and conditions of service (including payment of dearness allowance and all conduct and disciplinary matters) of persons appointed to the District Technical Service (Class III), District Service (Class III) and District Service (Class IV), and
2. (b) the payment to be made by the Zilla Parishad towards pension, gratuity and other benefits as respects officers and servants who have been serving any existing board and who become servants of the State Government, or the payment to be made to the State Government towards such matters in respect of State Government servants who have become members of the services under Zilla Parishad : 9[Provided that, if the State Government considers it expedient so to do, it may also regulate the conditions of service as respects pay-scales, dearness and other allowances, leave, pension, provident fund or any other matter in relation to conditions of service, by a general or special order.]

Notwithstanding anything contained in this Act or the rules made thereunder all officers and servants in the District Technical Service (Class III), District Service (Class III) and District Service (Class IV) appointed by the Chief Executive Officer of

This word was substituted for the word “pay” by Mah. 13 of 1967, s. 5(1). These brackets and words were inserted by Mah. 15 of 1974, s. 16(a). The words and brackets “except travelling allowance (other than travelling allowance on transfer) or for work of the State Government which shall be drawn from the district fund,” were deleted by Mah. 15 of 1974, s. 16(b). This portion was inserted by Mah. 43 of 1962, s. 23. These words were substituted for the words “on or before the allotment date” by Mah. 22 of 1970, s. 10(a). These words were inserted by Mah. 22 of 1970, s. 10(b). These words were substituted for the words “had his service under Government or under the existing board ceased on the appointed day” by Mah. 13 of 1967, s. 6(2). These words were inserted by Mah. 22 of 1970, s. 10(c). This proviso was added by Mah. 15 of 1974, s. 17. Section 249 was inserted by Mah. 3 of 1990, s. 2.

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Samitis Act, 1961 the Zilla Parishads during the period commencing on the 18 th June 1983 and ending on 17 th February 1988 and who have been in continuous service whether with or without breaks on the commencement

of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act, 1990 (Mah. III of

1990) shall, for all intents and purposes, be deemed to have been validly and regularly appointed, and no such appointment shall be called in question in any court of law merely on the ground that the appointments were made otherwise than in accordance with the procedure laid down by or under this Act or any other law for the time being in force, or on the ground that the District Selection Board or the Divisional Selection Board or any other Selection Boards were not duly constituted or were not functioning : Provided that, each such appointment is made according to the Maharashtra Zilla Parishads District Services (Recruitment) Rules, 1967 and any orders issued in that behalf by the State Government from time to time and in force at the time of such appointment: Provided further that, the payment of arrears of salary, allowances and bonus shall be subject to orders, if any, which may be issued in this behalf by the State Government: Provided also that, the validation of appointments as aforesaid shall not put any such officers or servants, as are appointed during the said period in accordance with the procedure laid down by or under this Act or any other law for the time being in force, to any disadvantage in any manner whatsoever.]

(1)

Save as otherwise provided in section 243 every Zilla Parishad shall from time to time prepare and

sanction in such manner as may be prescribed by the State Government, a schedule of posts of

1[District Technical Service] (Class III), District Service (Class III), and District Service (Class IV) to be maintained on its staff for the efficient discharge of its duties and functions by or under this Act, including the staff under the Panchayat Samitis setting forth the designations and grades of different officers and servants to be maintained by it, and which of the said officers and servants are to be maintained permanently, and which temporarily.

1. (2) The schedule of posts sanctioned under sub-section (1) shall be communicated to the Commissioner.

The Zilla Parishad may

appoint any person not being the member of any service under a contract for special purpose, in

accordance with rules prescribed by the State Government in this behalf. Such persons shall be paid

their salaries, allowances and other emoluments from a district fund.

2[Transitional Provisions as to Services.

(1) Notwithstanding anything to the contrary contained in this Act, or any other law for the time being in force, at any time from the appointed day but not later than one year from the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 1964 (Mah. Ord. IV of 1964) (for such extended

3[period or periods not exceeding a further two years] as the State Government may by notification in the Official Gazette, (from time to time) specify in this behalf), it shall be (and shall be deemed always to have been) lawful—

1. (a) for the State Government or any officer authorised or to be authorised in this behalf, by order temporarily to allot members of the service of the State Government to such posts as may be provisionally sanctioned by the State Government or by Zilla Parishads and as have been or are specified in that order; and such members of the service of the State Government as have These words were substituted for the words “Divisional Technical Service” by Mah. 22 of 1962, s. 12. This heading and section 253A were inserted by Mah. 43 of 1964, s. 23. These words were substituted for the words “period not exceeding a further one year” by Mah. 25 of 1966, s. 2(a).

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Samitis Act, 1961 been, or are, so allotted, shall be and shall be deemed always to have been taken over by the Zilla Parishads during the period aforesaid or until they are duly finally allotted under the foregoing provisions of this Chapter, whichever is sooner;

1. (b) for the State Government to allow promotions provisionally to posts determined under section 243;
2. (c) for the State Government to make provision by order for the terms and conditions of service of members who have been, or are, so allotted : Provided that, such terms and conditions of service shall not be less advantageous than those applicable to the Government servants immediately before such allotment.

1. (2) No member of the services of the State Government who has been or is allotted shall, notwithstanding anything in any other law, have or be deemed to have had any right to revert to

service under the State Government during the aforesaid transitional period, without the approval of

the State Government; which approval shall be given or withheld, regard being had to the exigencies of service in the Zilla Parishads and also in the State Government.

1. (3) All members of the services of the State Government as have been provisionally allotted

issued or purported to be issued under section 289 or howsoever otherwise, or who have been so allotted and have continued to work under the Zilla Parishads at such commencement or who have been provisionally promoted, shall be deemed always to have been validly allotted to the provisional posts, and to have been properly continued, and to have been validly promoted and the terms and conditions of service of allotment of such members to such posts determined or purported to be determined from time to time shall be deemed to have been validly determined, as if the provisions of sub-section (1) of this section had been then in force.

1. (4) The salaries and allowances of all members of the service of the State Government who have been allotted, or are allotted or are deemed to be allotted to posts under Zilla Parishads under this section or who have been provisionally promoted, shall be paid out of the district fund.
2. (5) A notification issued by the State Government extending the transitional period under sub-section (1) shall be laid before each House of the State Legislature as soon as possible after it is issued.]

1. (1) Where on the transfer or entrustment of powers and functions of the State Government to Zilla Parishads or Panchayat Samitis by or under this Act, any post in a cadre of Class III or Class IV service of the State Government (being posts not falling under section 242) have been or are rendered

surplus to the requirements of the State Government, the State Government or the authorised officer

may, regard being had to the exigencies of the service in the Zilla Parishads and also in the State Government, depute from time to time persons holding posts in Class III or Class IV service of the

State Government in such cadres, to the Zilla Parishads; and the Zilla Parishads shall take them on

deputation : Provided that,—

1. (a) the period of deputation (including any period of temporary allotment, already put in, if

any, under this Act) shall not (unless any person elects to remain on deputation longer) exceed

2[eleven years] in the aggregate, and shall not in any case extend beyond

3[twenty-one years]

from the appointed day; and such persons shall, on the expiry of the relevant period, stand repatriated to service under the State Government;

1. (b) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the State Government during his deputation; Section 253B was inserted by Mah. 13 of 1967, s. 7. These words were substituted for the words “nine years” by Mah. 22 of 1971, s. 3. These words were substituted for the words “twenty years” by Mah. 11 of 1982, s. 2.

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1. (c) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation.

1. (2) A person holding a post in Class III or Class IV service of the State Government falling under section 242 may, pending his final allotment to a Zilla Parishad be deputed by the State Government or the authorised officer to any Zilla Parishad and the Zilla Parishad shall take him on deputation : Provided that—
   • (a) such person shall not be entitled to any deputation allowance or to revert to service under the State Government;
   • (b) save as in clause (a), the terms and conditions of service shall not be less advantageous than those applicable to such person immediately before such deputation.
2. (3) The persons holding posts in Class III and Class IV services of the State Government as have been or deemed to have been validly allotted and properly continued, or to have been validly

Amendment) Act, 1967 (Mah. XIII of 1967) shall be deemed to have been duly deputed to Zilla Parishads, until such persons are repatriated to service under the State Government or as the case may be, finally allotted to the District Services of the Zilla Parishads, and the provisions of sub-section (1) or, as the case may be, sub-section (2) shall apply in respect of the persons so deputed.

1. (4) The salaries and allowances of persons deputed or deemed to be deputed to Zilla Parishads under this section shall be paid out of the district fund.]

servants falling under section 253B(1).— (1) If any posts in a cadre of Class III or Class IV service of the State Government falling under sub-section (1) of section 253B have been or are rendered surplus to the requirements of the State Government and are, therefore, required to be abolished, then the State Government or the authorised officer may, subject to the provisions in this Chapter, and with due regard to the exigencies of service in Zilla Parishads and also in the State Government, by general or special order, finally allot such persons holding posts in that cadre as elect to be allotted to Zilla Parishads to District Technical Service (Class III), District Service (Class III), or as the case may be, District Service (Class IV), or permit them to retire prematurely from the service of the State Government from such date as may be specified in the order (not being a date later than

2[twenty- three years] from the appointed day). The election shall be conveyed to the State Government or the authorised officer within such time and in such manner as the State Government may, by an order in

the Official Gazette, specify in this behalf. Each of the Zilla Parishads to which such persons are

alloted shall take them over from the said date; but such persons who are taken over shall not be entitled to benefits under the provisions of section 246 or to revert to service under the State Government; and thereupon, the provisions of section 242 shall apply in relation to persons so taken over, as they apply in relation to persons finally allotted under that section : Provided that, the number of persons finally allotted from a cadre to one or more Zilla Parishads and the number of persons permitted to retire prematurely shall not exceed the number of posts rendered surplus to that cadre on the transfer or entrustment of the powers and functions of the State Government to the Zilla Parishad or Parishads.

1. (2) Where a person is permitted to retire under sub-section (1), he shall be entitled to such terminal benefits as pension or gratuity, or the like (but not compensation) which terminal benefits shall not be less favourable than the benefits he would have been entitled to had his service ceased under the Government on the date specified in the order made under sub-section (1). Section 253C was inserted by Mah. 46 of 1969, s. 4.

These words were substituted for the words “twenty-one years” by Mah. 25 of 1983, s. 3(1), Previous allotment or

retirement not affected [See s. 3(2) of Mah. 25 of 1983].

136 The Maharashtra Zilla Parishads and Panchayat [1962 : Mah. V

Samitis Act, 1961

1. (3) A person whose final allotment or premature retirement under sub-section (1), is duly approved may, notwithstanding anything contained in section 253B, be continued in service under the

Services to give effect to the mandate of article 243-G of Constitution.— (1) Where on the transfer or entrustment of powers and functions of the State Government to the Zilla Parishads or Panchayat Samitis by or under this Act with a view to give effect to article 243-G read with the Eleventh Schedule of the Constitution of India, any posts in a cadre of Class III or Class IV service of the State Government have been or are rendered surplus to the requirements of the State Government, the State Government or the authorised officer may, depute from time to time, persons holding posts in the Class III or Class IV service of the State Government in such cadres, to the Zilla Parishads initially for the period of three years from the date of order of deputation, which may be extended by Government if necessary, and the Zilla Parishads shall take them on deputation : Provided that—

1. (a) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the State Government during his deputation;
2. (b) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation.

1. (2) The Cadres of such Class III and Class IV Government employees deputed along with the transfer of the Schemes to the Zilla Parishads, shall be maintained independently.
2. (3) In the event of any vacancy on account of resignation, death, retirement, etc., in such Class III and Class IV employees, such vacancy shall be filled up by the Zilla Parishads concerned only from the feeder cadre of the Government employees on deputation : Provided that, if no such Government employee is available from the feeder cadre for promotion or filling of the vacancy, the concerned Zilla Parishad may fill up such vacancy from amongst its employees.]

Provision for voluntary allotment or premature retirement of employees falling under section 253BBB.— (1) If any posts in a cadre of Class III or Class IV service of the Maharashtra Jeevan Authority falling under section 253BBB have been or are rendered surplus to the requirements of the Maharashtra Jeevan Authority and are, therefore, required to be abolished, then the Maharashtra Jeevan Authority in consultation with the State Government may, and with due

regard to the exigencies of the services in the Zilla Parishads and also in the Maharashtra Jeevan

Authority, by general or special order, finally allot such persons holding posts in that cadre who elect or opt to be allotted to the Zilla Parishads, District Technical Services (Class III), District Services (Class III) or as the case may be, District Services (Class IV), or permit them to retire prematurely from the service of the Maharashtra Jeevan Authority, from such date as may be specified in the order. The election or option shall be conveyed by the concerned employees who, make such election or option, to the Maharashtra Jeevan Authority within such time and in such manner as the State Government may, by an order in the Official Gazette, specify in this behalf. Each of the Zilla Parishads to which such persons are allotted shall take them over from said date; but such persons who .are taken over shall not be entitled to the terminal benefits such as compensation, pension or the gratuity or the like, as may be prescribed by the State Government or to revert to the service of the Maharashtra Jeevan Authority : Provided that, the number of persons finally allotted from a cadre to one or more Zilla Parishads and the number of persons permitted to retire prematurely shall not exceed the number of posts rendered surplus to that cadre on the transfer or entrustment of the powers and functions of the Maharashtra Jeevan Authority to the Zilla Parishads.

1. (2) Where a person is permitted to retire under sub-section (1), he shall be entitled to such terminal benefits as pension or gratuity, or the like, 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 service ceased under the Maharashtra Jeevan Authority on the date specified in the order made under sub-section (1).
2. (3) A person whose final allotment or premature retirement under sub-section(1), is duly approved may, notwithstanding anything contained in section 253BBB, be continued in service under the Maharashtra Jeevan Authority or on deputation to the Zilla Parishad, pending such final allotment or retirement.]

Authority to District Services.— (1) Where on transfer or entrustment of powers and functions,

entrusted to the Maharashtra Jeevan Authority by the State Government, to the Zilla Parishads or

Section 253BB was inserted by Mah. 53 of 2000, s. 2. Section 253BBB was inserted by Mah. 4 of 2002, s. 8, w.e.f. 12-11-2001.

1962 : Mah. V] The Maharashtra Zilla Parishads and Panchayat 135

Samitis Act, 1961 Panchayat Samitis by or under this Act, with a view to give effect to article 243-G read with the Eleventh Schedule of the Constitution of India, any posts in a cadre of Class III or Class IV service of the Maharashtra Jeevan Authority have been or are rendered surplus to the requirements of the

Maharashtra Jeevan Authority, the State Government may, direct the Maharashtra Jeevan Authority

or the authorised officer thereof, to depute from time to time, persons holding posts in the Class III or Class IV service of the Maharashtra Jeevan Authority in such cadres, to the Zilla Parishads initially for a period of three years from the date of the order of deputation, which may be extended by the Maharashtra Jeevan Authority on the direction of the Government, if necessary; and the Zilla Parishads shall take them on deputation : Provided that—

1. (a) no person so deputed shall be entitled to any deputation allowance or to be repatriated to service under the Maharashtra Jeevan Authority during his deputation;
2. (b) save as aforesaid, the terms and conditions of service shall not be less advantageous than those applicable to such persons immediately before such deputation.

1. (2) The cadres of such Class III and Class IV employees of the Maharashtra Jeevan Authority so deputed along with the transfer of the functions or activities of Water Supply Schemes to the Zilla Parishads, shall be maintained independently.
2. (3) In the event of any vacancy on account of resignation, death, retirement, etc., in such Class III and Class IV employees, such vacancy shall be filled up by the Zilla Parishads concerned, only from the feeder cadre of the Maharashtra Jeevan Authority employees on deputation : Provided that, if no such Maharashtra Jeevan Authority employee is available from the feeder cadre for promotion or filling of the vacancy, the concerned Zilla Parishad may fill up such vacancy from amongst its employees.]