Section 22 in Maharashtra Fire Prevention and Life Safety Measures Act, 2006
22. Constitution of Maharashtra Fire Services and provisions relating thereto.
(1)If the State Government considers it necessary or expedient for the purpose of bringing about a more efficient Fire Service of Officers of Municipal Corporations, Municipal Councils, Nagar Panchayats, Industrial Townships and planning authorities with uniform terms and conditions of service to carry out the functions and duties by or under this Act, the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by notification in the Official Gazette,-(a)constitute, in respect of all or any class or classes of Municipal Corporations, Municipal Councils, Nagar Panchayats, Industrial Townships or planning authorities as specified in sub-sections (2) and (3) of section 21, a fire service or services (to be called by such designations as may be specified in the Notification) of, -(i)Chief Fire Officers of such Authorities or any of them, and(ii)all or any of the other officers, specified in sub-sections (2) and (3) of section 21;(b)direct from time to time that each such fire service shall consist of such classes, cadres and posts (including grades of posts) and the initial strength of officers in each such classes or cadres shall be such, as may be specified in the notification, and(c)further direct that the officers included in any such classes or cadres shall belong to such service of the State Government as may be specified in the notification.(2)The State Government may make rules for regulating the mode of recruitment by holding examinations or otherwise; including provisions for the absorption of person or persons already working under any of the Authorities in fire service or services constituted under this section or otherwise and providing for terminal benefits as compensation, pension or gratuity or the like, to persons who elect not to be absorbed or cannot be absorbed, or who elect to retire, and the conditions of service of persons appointed or absorbed, to such fire services and in respect of persons appointed or absorbed in such services constituted under this section, the provisions with regard to punishment of officers and servants applicable to them by virtue of the provisions made by or under any law for the time being in force and in operation within the area of jurisdiction of such Authority under which such persons are serving on the date of such appointment or absorption, shall cease to apply:Provided that, such cessor shall not, in relation to absorbed officers, affect the previous operation of such provisions in respect of anything done or omitted to be done before such absorption:Provided further that, the terms and conditions of service applicable immediately before the appointed day to any officer shall not be varied to his disadvantage, except with the previous approval of the State Government.(3)Except as otherwise provided in any rules made under sub-section (2), all rules, regulations or orders as amended from time to time and for the time being in force in the State and applicable to officers in the relevant class of service of the State Government shall continue to apply to officers appointed to, or absorbed in, any such service and shall be deemed to be rules, regulations or orders made under this Act, until other rules, regulations or orders, if any, are made in this behalf or subject to such modifications, as the State Government may, from time to time, by notification in the Official Gazette, and in any other prescribed manner make.(4)Notwithstanding anything contained in sub-section (5) of section 21, the power of making appointments of officers to any such fire service under this section including promotions, transfers and all matters relating to any conditions of service shall vest in the State Government or the Director when duly authorised by the State Government for that purpose.(5)The officers included in any fire service constituted under this section shall be the servants of the State Government; but they shall draw their salaries and allowances directly from the municipal fund or the fund of the planning authority.(6)There shall be paid every year out of the municipal or planning authority fund to the State Government such cost as the State Government may determine on account of pension, leave and allowances, other than those drawn from the municipal fund or the fund of the planning authority under sub-section (5), of the officers belonging to any of the fire services constituted under this section and all the expenses incurred by the State Government for administering the fire service or services constituted under this section. If any such Municipal or planning authority fails to pay such cost and expenses (or the salaries and allowances of such officers) within the period prescribed in this behalf, then the provisions of sub-section (3) of section 20 shall apply to the payment of such cost and expenses (or the salaries and allowances of such officers) as they apply in relation to the payment of the expense and remuneration not paid under that section.
