Section 242C in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
242C. [ Transfer of certain employees to Zilla Parishads. [Section 242C was inserted by Maharashtra 1 of 1993, Section 11.]
(1)On and after the commencement of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Act. 1992, where on the transfer or entrustment, from time to time, of powers and functions of the State Government, the Maharashtra Water Supply and Sewerage Board (hereinafter, in this section, referred to as "the Board") or, as the case may be, District Rural Development Agency (hereinafter in this section referred to as "the Development Agency"), to Zilla Parishad or Panchayat Samitis by or under this Act, the State Government may notwithstanding anything contained in any of the provisions of this Act, or in any other law for the time being in force, direct, from time to time, that the services of such of the existing officers and servants of the State Government, the Board or, as the case may be, the Development Agency, who in its opinion, are rendered surplus to the requirements of the State Government, the Board or the Development Agency, shall stand terminated and their posts shall stand abolished, from such date as may be specified prospectively or retrospectively by the State Government (hereinafter in this section referred to as "the specified date") and shall on that date (which may be different for different officers and servants) become the officers or servants of the Zilla Parishad.(2)Every permanent or temporary employee of the State Government, or the Board or the Development Agency in respect of whom a direction is issued under subsection (1) shall, from the specified date, be a permanent or temporary employee of the Zilla Parishad, as the case may be, against a permanent or temporary post, which shall stand created in the establishment of the Zilla Parishad with effect from the specified date.(3)Any officer or servant so transferred shall hold his office under the Zilla Parishad by the same tenure, at the same remuneration and upon the same other condition of service and with the same rights and privileges as to pension, gratuity, provident fund and other matter as he would have held on the specified date if this section had not come into force. Any service rendered by him under the State Government, the Board or, as the case may be, the Development Agency shall be deemed to be service rendered under the Zilla Parishad. He shall continue to serve under the Zilla Parishad until his employment under the Zilla Parishad is duly terminated or his remuneration or other conditions of service are duly revised or altered by the Zilla Parishad 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 specified 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)The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the State Government or the Board or the Development Agency, as the case may be, to the Zilla Parishad along with any accumulated interest due till the specified date and with the accounts relating to such funds. On and after the specified date the Zilla Parishad shall, to the exclusion of the State Government, the Board or, as the case may be, the Development Agency be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employees at the appropriate time in accordance with the conditions of their service.(5)Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the transfer of services of any employee to the Zilla Parishad 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.(6)Nothing contained in sub-section (1) shall apply to any employee who by notice in writing given to the State Government, the Board or, as the case may be, the Development Agency, within two months from the specified 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 Zilla Parishad. Where such notice is received from any employee-(a)in case of 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 or from the service of the Board or, as the case may be, the Development Agency on the specified date;(b)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, the Board or, as the case may be, the Development Agency.(7)Notwithstanding anything contained in the foregoing sub-sections if the service of any employee of the State Government, the Board or the Development Agency stand transferred under sub-section (1) to the Zilla Parishad, the Zilla Parishad 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, the Board or, as the case may be, the Development Agency.]
