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State of Uttar Pradesh - Section

Section 5A in U.P. Urban Planning and Development Act, 1973

5A. [ Creation of Centralised Services. [Inserted by sub-section-4 of amendment act-1985 (Act no.-21 of 1985) Effective date-22.10.1984]

(1)Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification create one or more 'Development Authorities Centralised Services for such posts, other than the posts mentioned in Sub-Section (1) of Section 59, as the State Government may deem fit, common to all the Development Authorities, and may prescribe the manner and conditions of recruitment to and the terms and conditions of service of person appointed to such service.
(2)Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralised) Services Rules, 1966. or serving on deputation, shall, unless he opts otherwise, be absorbed in such service-
(a)finally, if he was already confirmed in his post, and
(b)provisionally, if he was holding temporary or officiating appointment.
(3)A person referred to in Sub-section (2) may, within three months from the creation of such Development Authorities Centralised Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralised Service. failing which he shall be, deemed to have opted for final or provisional. as the case may be, absorption in such Centralised Service.
(4)Suitability of a person absorbed provisionally, for final absorption In a Development Authorities Centralised Service, shall be examined In the manner prescribed and if found suitable he shall be absorbed finally.
(5)The services of an employee who opts against absorption or who is not found suitable for final absorption, shall stand determined and he shall without prejudice to his claim to any leave, pension, provident fund or gratuity which he would have been entitled to, be entitled to receive as compensation from the Development Authority concerned, an amount equal to-
(a)three months' salary, if he was a permanent employee:
(b)one month's salary, if he was a temporary employee.
Explanation. - For the purposes of this sub-section the term salary includes dearness allowance, personal pay and special pay. if any.
(6)It shall be lawful for the State Government or any officer authorized by it in this behalf, to transfer any person holding any post a Development Authorities Centralised Service from one Development Authority to another.]