Vidhi Codex

section 20

Appointment of employees of local authorities

The Madras Metropolitan Water Supply and Sewerage Act, 1978
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Chapter III DIRECTORS, COMMITTEES AND EMPLOYEES

Statutory text
  1. (1) Subject to the provisions of sub-section (2), every person, who immediately before the notified date, is an employee of local authorities and who has been serving in connection with the water-supply or sewerage system maintained, in respect of the Madras Metropolitan Area shall, as from that date be transferred to the service under the Board in accordance with the provisions of this section: Provided that nothing contained in this section shall apply to any employee of the Tamil Nadu State Housing Board or the Tamil Nadu Slum Clearance Board or an employee of any other existing authority who has, by notice, in writing intimated his intention of not becoming an employee of the Board within a period of three months from the notified date. (2)
    • (a) For the purpose of sub-section (1), the number of employees to be transferred to the service of the Board shall not exceed the total number of employees of the existing authority serving as on the first day of January, 1977, in connection with the water-supply or sewerage system maintained by such existing authority of the Madras Metropolitan Area.
    • (b) If the number of employees of an existing authority eligible for transfer under sub-section
  2. (1) exceeds the total number referred to in clause (a), the existing authority concerned shall determine the number of employees to be transferred so as to conform to such total number.
    • (c) If there is any doubt or dispute as to whether any employee has been serving in connection with water-supply or sewerage service, as referred to in sub-section
  3. (1) or is eligible for transfer to service under the Board, or has not been properly excluded from the employees to be transferred, the matter shall be referred to the Government whose decision thereon shall be final.
  4. (3) The Board may select an employee of an existing authority to which sub-section
  5. (1) applies, for appointment to the service of the Board if such employee has been serving partly in connection with the water-supply or sewerage system maintained for the Madras Metropolitan Area: Provided that no such appointment shall be made without the consent of the employee concerned.
  6. (4) An employee appointed to the service of the Board under sub-section
  7. (2) or sub-section
  8. (3) shall-
    • (a) cease to be an employee of the existing authority concerned with effect from the date of his appointment to the service of the Board;
    • (b) become an employee of the Board on such remuneration and other terms and conditions of service as the Board may determine and such determination shall be final: Provided that the remuneration and other terms and conditions of the service of such an employee shall not be varied by the Board to his disadvantage except with the previous approval of the Government.
  9. (5) In respect of every employee who is appointed to the service of the Board under sub-section
  10. (2) or sub-section (3), the existing authority concerned shall transfer to the Board the full amount on account of provident fund or other superannuation fund, if any, lying to his credit with such authority on the date on which such appointment takes effect and the period of service under the existing authority of each such employee shall be taken into account in determining the amount of pension or gratuity, if any, to which an employee may be entitled on the termination of his service under the Board.
  11. (6) An existing authority shall, in respect of employees appointed under sub-section
  12. (2) and sub-section (3), credit to the Board such amounts as represent the cash equivalent of any leave credited to or any length of service taken or required to be taken into account by the Board for gratuity or pension of such employees and if there is any dispute about the amounts, the matter shall be referred to the Government whose decision thereon shall be final: Provided that the payment of the amount of such cash to the Board shall be in such manner as may be agreed by Board, and shall be made in instalments or at the time when the gratuity or pension becomes due.
  13. (7) Notwithstanding anything contained in any law relating to industrial disputes or any other law for the time being in force, no employee transferred or appointed to the service of the Board under sub-section
  14. (2) or sub-section
  15. (3) shall be entitled to any compensation under any such law by reason only of the termination of his service under the existing authority and no claim for such compensation shall be entertained by any court, tribunal or other authority.
  16. (8) No person who becomes an employee of the Board under this section shall have any right or claim against the Board in respect of his service prior to his becoming such employee except as otherwise provided in this section.

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