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State of Chattisgarh - Section

Section 76B in The Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973

76B. Constitution of Development Authorities Service etc.

(1)With effect from such date as the State Government may, by notification, appoint in this behalf, there shall be constituted the Development Authorities Service for the purpose of providing officers and servants to all Development Authorities in the State. The Development Authorities Service shall consist of,-
(a)cadre of Development Administrative Officers;
(b)cadre of Development Engineers;
(c)cadre of Development Planning Officers;
(d)such other cadres to be determined by the functions entrusted to the officers included in the cadre for carrying out the purposes of this Act, as the State Government may by notification specify. Each cadre shall consist of-
(i)the State cadre;
(ii)the local cadre.
Each State cadre and each local cadre shall have such grades and such number of posts with such designations as the State Government may, from time to time, by notification, specify. Appointments to posts in the grades included in the State cadre shall be made by the State Government and the posts in the grades included in the local cadre shall be made by the Development Authority concerned.
(2)The State Government shall make rules for regulating the recruitment and the conditions of service of persons appointed to the Development Authorities Service, and such rules may provide for exercise of the powers by such authorities including the Development Authorities as may be specified therein.(2-A) The salary, allowances, gratuity, annuity, pension and other payments required to be made to the persons appointed to any post in the Development Authorities Service in accordance with the conditions of their service shall be a charge on the fund of Development Authority concerned ;Provided that in the event, of transfer of a person from one Development Authority to another, the Development Authority concerned shall be liable to contribute towards aforesaid payments in such proportion as the State Government may prescribe.(2-B) A person appointed to a post in a grade in a cadre of the Development Authority Service shall be transferable from one Development Authority to another Development Authority to the same posts in the same grade in the same cadre or on promotion to a higher post in the same grade or a higher cadre.(2-C) The State Government may transfer any person appointed to a post in the Development Authority service either in the State cadre or local cadre from one Development Authority to another Development Authority; and it shall not be necessary for the State Government to consult either the Development Authority or the officer or servant concerned before passing the order of transfer.(2-D) Where the officer or servant transferred under sub-section (2-C) belongs to local cadre, he shall,-
(i)have his lien on the post held i,e. in the parent Development Authority;
(ii)not be put to disadvantageous position in respect of allowances which he would have been entitled had he continued in the parent Development Authority;
(iii)be entitled to deputation allowance at such rate as the State Government may, be general order, determine.
(iv)be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, determine.
(3)The power to make rules conferred by sub-section (2) shall include power to give retrospective effect from a date not earlier than- the date appointed under sub-section (1) to the rules or any of them but no retrospective effect shall be given to any rule so as to prejudicially affect the interests of any person to whom such rules may be applicable.
(4)All rules made under this section shall be laid on the table of the Legislative Assembly.
(5)The person holding the post of Chief Executive Officer or the persons holding the posts of other officers, and servants specified under sub-section (1) on the date appointed under the said sub-section (1), if confirmed, in the said posts before the 19th November, 1982 shall be permanently absorbed anil included in the Development Authorities Service. The remaining persons holding the aforesaid posts on the said date may, if found suitable after following such procedure as may be prescribed, be absorbed in the service either provisionally or finally. If any person is not absorbed finally in the service, his services shall be liable to be terminated at any time on payment of one month's salary last drawn by him.
(6)Where any person referred to in the aforesaid sub-section is finally absorbed in the service as provided therein, the conditions of service applicable to him immediately before his absorption, shall not be changed to his disadvantage by making them less favourable to him, except that he shall be liable to transfer from one Development Authority to another.