Section 113 in Uttarakhand Panchayati Raj Act, 2016
113. Officers and Employees of the Zila Panchayat.
(1)Every Zila Panchayat shall have a Chief Executive Officer who shall be appointed for the purpose to perform the functions of Zila Panchayat under this Act by the State Government.(2)For the performance of functions of the Zila Panchayat the following posts of the other officers and employees in the ZilaPanchayat-(i)Additional chief officer;(ii)Finance officer;(iii)Executive officer;(iv)Engineer;(v)Tax officer;(vi)Junior Engineer;(vii)District level officers of the all concerning department the subject elabarate in 11th Schdule of the Constitution.(3)The State Government may appoint the employees under the Zila panchayat, who are working in relation to the activities of State, by such disignation as may be specified in order, for the Zila panchayat, as it may deem fit.(4)(a)The qualifications of persons to be appointed to the posts of Finance Officer, Executive Officer, Engineer, Junior Engineer, and Tax officer created under sub-section (2) of section 113 of that section shall be as may be prescribed.(b)The emoluments and other conditions of service of officers and other servants of the Zila Panchayat shall be such as may be prescribed(5)(i)Subject to any rules made in this behalf, the State Government may-(a)at the request of the Zila Panchayat and for such time and on such terms as may be agreed to place at the disposal of the Zila Panchayat the services of any of its servants; and(b)whenever the work of any Government office is transferred to a Zila Panchayat , by order in writing require the Zila Panchayat to employ on such posts and on such terms as may be specified in the order either the entire staff of the office of Government connected with that work or such of the servants in that office as may be designated or nominated by the State Government and the services of such staff or servants shall thereupon be deemed to have been placed at the disposal of the Zila Panchayat for the time being ;Provided that a servant so employed with a Zila Panchayat may at any time be recalled by the State Government.(ii)The salaries and allowances of servants referred to in subsection (1) shall be paid out of the Zila Nidhi as if they were servants of the Zila Panchayat.(6)The Finance Officer of the Zila Panchayat shall be appointed by the State Government in the manner provided by rules.(7)(i)Appointments to the posts of Executive Officer, Engineer, Junior Engineer and Tax officer carrying such pay scales as the State Government may, by notification, fix 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 and binding.(ii)Except in the case of such other class of posts which the State Government may specify, appointments to posts connected with any department of the Zila Panchayats specified by rules carrying such pay scales as the State Government may, by notification, fix shall be made by the Chief Officer.(iii)Except as otherwise provided in this Act, appointments to posts under the Zila Panchayat , other than those covered by sub-sections (i) and (ii), shall be made by the Chairman --(a)in the case of others, on the advice of the election committee by Chairman;Provided that if in any case the Chairman is of opinion that the advice of the election committee 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.(iv)Notwithstanding anything in the preceding sub-section-(a)if the State Government has made any order under sub-section (2) of section 113, 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 of sub-section (2) of section 113 and who has given has 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.(8)The State Government may create or abolish any post of officer except mentioned posts in sub section (1).(9)(i)Where an authority specified in sub section (2) of section 113, fails within a reasonable time to make an appointment to a post created thereunder, whether in the manner provided or in pursuance of an order, the State Government may, after giving such authority a reasonable opportunity to make the appointment and consulting the Commission, if necessary make appointment thereto and such appointment shall be deemed to have been made in accordance with this Act.(ii)Where Zila Panchayat fails to provide staff under sub-section (2) of section 113, to any Kshettra Panchayat the State Government may provide such staff out of the staff of the Zila Panchayat and such staff shall be deemed to have been placed on deputation with the Kshettra Panchayat under the said sub-section.
