Section 23A in Uttar Pradesh Krishi Utpadan Mandi Adhiniyam, 1964
23A. Constitution of Centralized service and transfer of employees.
(1)Notwithstanding anything contained in any other provision of this Act, the Beard may constitute cadres of secretaries and such other officers common to all committees as it may deem fit to appoint under sub-section (2) of section 23.(2)[ Subject to the provisions of sub-section (2-B) -(a)every person, other than a Government servant, serving in any committee on deputation, who holds a post comprised in the cadre referred to in sub-section (1), and(b)every Government servant, serving in any committee on deputation on a post in the said cadre who is not found to be unsuitable, suitability being determined in such manner as may be laid down in regulations, shall on and from the date of the constitution of the said cadre (hereinafter in this section to be referred to as the said date) become member of the cadre on the terms and conditions mentioned in sub-section (2-A).(2-A) Every person, who becomes a member of the cadre under sub-section (2) shall hold office by the same tenure, at the same remuneration, upon the same terms and conditions, and with the same rights and privileges as to pension, Gratuity and other matter as be could have been entitled to on the said date but for the constitution of the cadre and shall continue to be so entitled until his employment as a member of the cadre is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Board under or in pursuance of any law or in accordance with any provision which for the time being governs his service.(2-B) Nothing contained in sub-section (2) shall apply to a person who, by notice in writing, given to the State Government within such time as the State Government may, by general or special order specify intimates his intention of not becoming a member of the said cadre.(2-C) The services of an employee, under a committee, who opts against absorption, shall stand terminated on the ground of abolition of post and, on such termination, he shall be entitled to receive from the concerned committee compensation equivalent to--(a)three months emoluments in case of permanent employee;(b)one month emoluments in case of temporary employee ;(2-D) A Government servant serving in any committee on deputation on any post in the cadre, referred to in sub-section (1) who opts against absorption or who is not found suitable, shall be reverted to his parent department and, if having regard to his seniority, a post is not available for him in the parent department his services shall stand terminated with effect from the date of the order of reversion on the ground of abolition of post and, on such termination, he shall be entitled to receive from the State Government compensation equivalent to the amount mentioned in sub-section (2-C) i] [Substituted by section 3 of U.P. Act No. 20 of 1984]Provided that nothing contained in this section shall apply to any such person who, by notice in writing given to the State Government, may within such time as the State- Government may, by general or special order specify, intimates his intention of not becoming a member of the said cadre:Provided further that the services of any employee referred to in the preceding proviso under the State Government or under a Committee, as the case may be, shall stand terminated on account of abolition of the post held by him and he sha11 be entitled from the State Government or that Committee concerned, the case may be, to the compensation equivalent-(a)in the case of a permanent employee-to three months' remuneration;(b)in the case of a temporary employee-to one month's remuneration.(3)Notwithstanding anything in sub-section (2) but subject to any express agreement to the contrary, any person referred to there- in, who becomes a member of the cadre shall be liable to be transferred from any Committee in which be was employed immediately before the said date to any other Committee at the same remuneration and on the same terms and conditions as governed him immediately before such transfer.(4)The rums standing to the credit of the employees referred to in sub-section (2) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government or the Committee concerned, as the case may be, to the Board along with any accumulated Interest due till the said date, along with the accounts collating to such fund, and the Board shall, to the exclusion of the State Government and of any Committee, be liable for the payment of pension, provident fund, gratuity or other like dues as may be payable to such employees at the appropriate time in accordance with the conditions of their service.(5)Notwithstanding anything contained in any law for the time being in force the transfer of services of any employee to any cadre under sub-section (2) shall not entitle any such employee to any compensation under such law, and no such claim shall be entertained by any court, tribunal or authority.(6)Every permanent or temporary employee of the State Government or of a Committee becoming a member of the Cadre under sub-section (2) shall, on and from the said date become a permanent or temporary member of the cadre as the case may be, against a permanent or temporary post, which shall stand created in such cadre with effect from the said date.(7)[ Nothing in para 426 or 436 of the Civil Service Regulations as applicable to Government servants under the rule making control of the State Government or in any other rules relating to employees of the Committees in relation to retrenchment or abolition of post shall, except to the extent provided in this section, apply to any employee referred to in sub-section (2).] [Inserted by section 14 of President Act no. 13 of 1973 as re-enacted by U. P. Act no, 30 of 1974.]
