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State of Rajasthan - Section

Section 15 in Rajasthan (Regulation of Appointments to Public Services and Rationalisation of Staff) Act, 1999

15. Penalties.

(1)Where any holder of an elective office or any officer or functionary or other authority makes any appointment in contravention of the provisions of this Act.-
(a)in the case of the holder of an elective office, it shall be deemed that he has abused his position or power and accordingly, the competent authority, shall initiate proceedings for his removal, and
(b)in the case of an officer or functionary or other authority, it shall be deemed that he is guilty of misconduct and the competent authority shall initiate action under the disciplinary rules applicable to him.
(2)All appointments made in public service in contravention of the provisions of this Act shall be unauthorised and any payments made as a consequence of such appointments out of the funds of the State Government or of the concerned local authority or of other bodies or institutions as specified under sub-clauses (c) to (e) of clause (v) of section 2, as the case may be, shall be deemed to be unauthorised, and the same shall be recoverable in the manner as may be prescribed, from the officer or functionary or other appointing authority who makes such appointments, and where the recovery is not possible in the prescribed manner, the same shall be recoverable as arrears of land revenue.