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State of West Bengal - Section

Section 26 in The Calcutta Metropolitan Water And Sanitation Authority Act, 1966

26. Transfer of personnel of vested services. -

(1)With the vesting of a service belonging to a municipal corporation or municipality or the sewage disposal scheme of the Board of Trustees for the improvement of Howrah under section 23 all persons who, in the opinion of the Board, were on the date of such vesting, primarily engaged in the construction or operation of the same shall be deemed to have been transferred to the Authority under terms and conditions of service not inferior to that as existed immediately before such vesting. The decision of the Board as to the designation and duties such persons would have after transfer shall be final :Provided that any dispute as to whether a person was primarily engaged on the date of vesting in the construction or operation of a service shall be referred to the State Government whose decision thereon shall be final.
(2)Every person whose service is so transferred under sub-section (1) shall be paid by the municipal corporation, municipality, or the Board of Trustees, as the case may be, the full amount on account of provident fund, if any, lying at his credit with such municipal corporation or municipality, or the Board of Trustees, on the date of transfer, and he shall have, within two months from the date of receipt of the payment, the option of depositing the amount in his provident fund account with the Authority. The period of service under the municipal corporation, municipality or the Board of Trustees, as the case may be, of each such person shall be taken into account in determining the amount of pension or gratuity, if any, to which he may be entitled.