Section 20 in The Gujarat Water Supply and Sewerage Board Act, 1978
20. Transfer of Government employees to the Board.
(1)On and after the establishment of the Board the State Government may from time to time direct that the services of such of the existing officers and servants of the State Government in the Gujarat Public Health Engineering Service who in its opinion are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished from such date as may be specified by it (hereinafter in this section referred to as "the appointed date") and shall on that date (which may be different for different officers and servants) become the officers or servants of the Board.(2)Every permanent or temporary employee of the Gujarat Public Health Engineering Service in respect of whom a direction is issued under sub-section (1) shall on and from the appointed date be a permanent or temporary employee of the Board as the case may be against a permanent or temporary post which shall stand created in the establishment of the Board with effect from the appointed date.(3)Any officer or servant so transferred shall hold his office under the Board on the same tenure, remuneration and other conditions of service and with the same right and privileges as to pension, gratuity, provident fund and other matters as he would have held on the appointed date if this Act had not come into force until his employment under the Board is duly terminated or his remuneration or other conditions of service are duly revised or altered by the Board in pursuance of the law which for the time being governs his conditions of service:Provided that the conditions of service applicable immediately before the appointed date to the case of any such officer or servant shall not be varied to his disadvantage except with the previous approval of the State Government.(4)Any service rendered by such Government servants under the State Government shall be deemed to be service rendered under the Board.(5)The sums standing to the credit of the employees referred to in sub-section (1) in any pension, gratuity, provident fund or other like funds constituted for them shall be transferred by the State Government to the Board along with any accumulated interest due till the appointed date and with the accounts relating to such funds.(6)On and after the appointed date the Board shall to the exclusion of the State Government be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to employees referred to in sub-section (1) at the appropriate time in accordance with the conditions of their service.(7)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (XIV of 1947) or in any other law for the time being in force the transfer of services of any employee to the Board under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law and no such claim shall be entertained by any Court, tribunal or authority.(8)(a)Nothing contained in sub-section (1) shall apply to any employee who by notice in writing given to the State Government within two months from the appointed date or such extended time as the State Government may, by general or special order, specify, intimates his intention of not becoming or continuing as an employee of the Board.(b)Where such notice is received from any employee-(i)in case of a permanent employee he shall be allowed to retire giving him the benefit of pension, gratuity, provident fund and other benefits accrued to him had he retired from the Government service on the appointed date;(ii)in case of a temporary employee his services shall stand terminated after giving him notice or remuneration in lieu of notice as per the existing service rules of the State Government.(9)Notwithstanding anything contained in the foregoing sub-sections-(a)no person employed in the Gujarat Public Health Engineering Service to whom any notice or order of termination of his services or compulsory retirement has been issued before the date of commencement of this Act shall be transferred to the Board;(b)the transfer of a person employed as aforesaid against whom any disciplinary proceeding is pending shall initially be provisional and the State Government shall review such transfer after the final order as a result of such disciplinary proceeding is passed and thereafter pass such order as may appear to it to be appropriate in the circumstances of the case;(c)the disciplinary or other action in relation to any person referred to in clause (a) or clause (b) may be taken after the date mentioned in clause (a) in such manner and by such authority as the State Government may by general or special order specify in this behalf;(d)if the services of any employee of the State Government stand transferred under sub-section (1) or sub-section (2) to the Board, the Board shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government.(10)(a)For the purpose of enabling the Board to discharge its functions and duties under this Act, it shall lawful for the State Government to direct, by a general or special order, that such of officers of the State Government shall be posted under the Board for such period and subject to such conditions as may be specified in the order and accordingly the officers specified in the order shall be posted under the Board.(b)The pay and allowances of any officer posted in accordance with clause (a) under the Board shall, during the period of posting, be paid by the Board from its fund.
