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State of Maharashtra - Section

Section 253A in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

253A. Power of State Government to allot Government servants, etc. for a limited period.

(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 (for such extended [period or periods not exceeding a further two years] [These words were substituted for the words 'period not exceeding a further one year' by Maharashtra 25 of 1966, Section 2(a).] 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 -
(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 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;
(b)for the State Government to allow promotions provisionally to posts determined under section 243;
(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.
(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.
(3)All members of the services of the State Government as have been provisionally allotted before the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 1964, to posts under Zilla Parishads in pursuance of any orders 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.
(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.
(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.]