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[Cites 0, Cited by 0] [Section 113] [Entire Act]

State of Uttarakhand - Subsection

Section 113(7) in Uttarakhand Panchayati Raj Act, 2016

(7)
(i)Appointments to the posts of Executive Officer, Engineer, Junior Engineer and Tax officer carrying such pay scales as the State Government may, by notification, fix shall be made by the Zila Panchayat in consultation with the State Public Service Commission or such other Commission or Selection Board as may be constituted by the State Government in this behalf for all Zila Panchayats or any groups of Zila Panchayats separately (in either case hereafter referred to as the Commission) in the manner prescribed;
Provided that if there is a difference of opinion between the Commission and the Zila Panchayat the matter shall be referred to the State Government whose decision shall be final and binding.
(ii)Except in the case of such other class of posts which the State Government may specify, appointments to posts connected with any department of the Zila Panchayats specified by rules carrying such pay scales as the State Government may, by notification, fix shall be made by the Chief Officer.
(iii)Except as otherwise provided in this Act, appointments to posts under the Zila Panchayat , other than those covered by sub-sections (i) and (ii), shall be made by the Chairman --
(a)in the case of others, on the advice of the election committee by Chairman;
Provided that if in any case the Chairman is of opinion that the advice of the election committee is improper or unfair, he may make a reference to the Commissioner of the Division whose decision in the matter shall be final and binding.
(iv)Notwithstanding anything in the preceding sub-section-
(a)if the State Government has made any order under sub-section (2) of section 113, that order would prevail, and
(b)the State Government may at any time require a Zila Panchayat to take in its own service any such Government servant whose services have been placed at the disposal of the Zila Panchayat under of sub-section (2) of section 113 and who has given has consent in that behalf and upon being so taken in the service of the Zila Panchayat such servant shall cease to be Government servant and shall become a servant of the Zila Panchayat.