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State of Maharashtra - Section

Section 19 in The Maharashtra State Board of Technical Education Act, 1997

19. Board to absorb certain staff and to assume obligations of Government in respect of matters to which this Act applies.

(1)The Board shall take over and employ such of the existing staff on the date of the establishment of the Board except the Secretary, Joint Secretary (Technical Deputy Secretary (Technical) Assistant Secretary (Technical) and Finance Officer, Controller of Examinations, Accounts Officers and Systems Analysts. Serving for the purposes of the Board of the Technical Examination. Maharashtra State (hereinafter referred to as "the Existing Board"), constituted by the Government Resolution, Education and Social Welfare Department, No. EXM 7260-K dated the 7th January 1963, as the State Government may direct, and every person so taken over and employed shall be subject to the provisions of this Act and the regulation made thereunder:Provided that-
(a)such staff gives option, with the prescribed time limit to continue in the services of the Board.
(b)during the period of such employment all matters relating to the pay leave, retirement, allowances, persons, provident fund and other condition of service of the members of the said staff shall be regulated by the Maharashtra Civil Services Rules or such other rules as may, from time to time, be made by the Government;
(c)any such member shall have right of appeal to the Government against the order of rejection, dismissal or removal from service, fine or any other punishment.
(2)Permanent employees of the existing Board if exercise option in favour or the Government service, they shall be absorbed within a period of two years under the Directorate of Technical Education in any of its offices or institution where the vacancy exists.
(3)All expenditure which the existing Board may incurred before appointed day in connection with any of the purposes of the existing Board shall be deemed to be advanced towards capital expenditure by the Government to the Board under section 37 on that date, and all assets acquired by such expenditure shall vest into the Board.
(4)All property, moveable or immovable, and all rights, and interests of whatsoever kind, and powers and privileges of the existing Board shall stand transferred and shall, vest in the Board and be applied for the objects and purposes for which the Board is constituted.
(5)All obligations incurred, all contracts entered into and all matters and things engaged to be done, before the first constitution of the Board by, with or for, the State Government or the existing Board for any of the purposes of this Act, in respect of any scheme for the promotion of the technical education in the State of Maharashtra shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the Board and accordingly all claims made, or suits or legal proceedings instituted or which might have been instituted by or against the State Government or the existing Board, as the case may be, continued or instituted by or against the Board.