Section 43 in The U.P. Kshettra Panchayats And Zila Panchayats Adhiniyam, 1961
43. Method of appointment of Abhiyanta and to certain other posts.
(1)Appointments to the posts of Karya Adhikari, Abhiyanta and Kar Adhikari and the posts created under sub-section (2) of Section 39 [carrying such pay scales as the State Government may, by notification fix] [Substituted by U.P. Act No. 9 of 1994.], shall be made by the Zila Panchayat in consultation with the State Public Service Commission or such other Commission or Selection Board as may be constituted by the State Government in this behalf for all Zila Panchayats or any groups of Zila Panchayats separately (in either case hereafter referred to as the Commission) in the manner prescribed :Provided that if there is a difference of opinion between the Commission and the Zila Panchayat the matter shall be referred to the State Government whose decision shall be final.(2)Except in the case of [such other] [Substituted by Section 18 of U.P. Act No. 34 of 1972.] class of posts which the State Government may specify, appointments to posts connected with any department of the Zila Panchayat specified by rules and [carrying such pay scales as the State Government may by notification fix] [Substituted by U.P. Act No. 9 of 1994.], shall be made by the Mukhya Adhikari.(3)[ Except as otherwise provided in this Act, appointments to posts under the Parishad, other than those covered by sub-sections (1) and (2), shall be made by the Adhyaksha -(a)[x x x](b)in the case of others,on the advice of the Chunao Samiti constituted under Section 45:Provided that if in any case the Adhyaksha is of opinion that the advice of [the Chunao Samiti] [Substituted by Section 18 of U.P. Act No. 34 of 1972.], is improper or unfair, he may make a reference to the Commissioner of the Division whose decision in the matter shall be final and binding.] [Substituted by Section 11 of U.P. Act No. 16 of 1965.](4)Notwithstanding anything in the preceding sub-section -(a)if the State Government has made any order under sub-section (1) of Section 41, that order would prevail; and(b)the State Government may at any time require a Zila Panchayat to take in its own service any such Government servant whose services have been placed at the disposal of the Zila Panchayat under clause (b) of sub-section (1) of Section 41 and who has given his consent in that behalf and upon being so taken in-the service of the Zila Panchayat, such servant shall cease to be Government servant and shall become a servant of the Zila Panchayat.
