Section 23A in Maharashtra Jeevan Authority Act, 1976
23A. [ Power of State Government to depute certain Government employees to [the Authority] [Section 23A was inserted by Maharashtra 8 of 1980, Section 4.] - (1) Where on account of conferment of any powers, duties and functions on [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] by or under this Act, in the opinion of the State Government, any posts in the Maharashtra Environmental Engineering Service of any officers and servants belonging to categories referred to in entries (3) and (4) in clause (xiii) of section 2, have been rendered or are likely to be rendered surplus wholly or partially, to the requirements of the State Government or where the services of any such officers and servants are required by [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] for efficient exercise of its powers, performance of its duties or discharge of its functions, the State Government, the Head of the Department of the State Government or any officer authorised by the State Government in this behalf may, from time to time, having regard to the necessity therefor, by order depute such officers and servants to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] and [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] shall take them over and employ them on deputation, subject to the provisions of this section.
(2)The period of deputation of any such employee to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] shall be two years from the date he is taken over by [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] (hereinafter in this section referred to as "the appointed date"), except when, with the consent of [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] and the State Government, he elects to remain on deputation for a longer period not exceeding five years in the aggregate, or except when he is recalled to Government service at any time by the State Government in consultation with [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.]. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government.(3)Any employee so deputed shall have an option, which shall be exercised by him within a period of one year from the appointed date by giving a notice in writing to the State Government, requesting the State Government to permit him to revert to Government service after the expiry of the period of two years of deputation or to permit him to be absorbed in the service of [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.]. If [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] agrees to absorb him in its service on the same terms and conditions as are laid down in section 23, he shall become an employee of [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] from the date specified by it and the provisions of section 23 shall, mutatis mutandis, apply to him as if he were transferred to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] under that section. If any employee fails to give notice as aforesaid in time, he shall be deemed to have opted to revert to Government service after the expiry of the period of two years of deputation.(4)If during the period of the first two years of compulsory deputation, employee concerned is entitled to promotion in his parent department, he shall at his request in writing be permitted to revert to his parent department or to get proforma promotion if he continues on deputation with [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.].(5)No employee on deputation to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] shall be entitle to any deputation allowance.(6)The salaries and allowances of employees on deputation to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] shall be paid from [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] Fund.(7)Save otherwise provided in this section, the terms and conditions of services of employees on deputation to [the Authority] [These words were substituted for the words 'the Board' by Maharashtra 25 of 1997, Section 5.] shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantage except with the previous sanction of the State Government]
