Section 7   [ View Judgements ]

Insertion of section 242D in Mah. V of 1962

After section 242C of the Zilla Parishads Act, the following section shall be inserted, namely -

"242D. Transfer of certain employees of District Rural Development Agency to Zilla Parishads:-(1) On and after the commencement of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2000, the State Government may, notwithstanding anything contained in any provisions of this Act or in any other law for the time being in force, direct, from time to time, that the services of the Class III and Class IV employees of the District Rural Development Agency (hereinafter in this section referred to as "the Development Agency"), who have been recruited directly by the Development Agency, shall stand transferred to the concerned Zilla Parishad against the existing posts in the appropriate cadres on the establishment of that Zilla Parishad from such date as may be specified by the State Government (hereinafter in this section referred to as "the specified date") and these employees shall on that date (which may be different for different employees), become the employees of the concerned Zilla Parishad.

(2) Every employee of the Development Agency in respect of whom the direction is issued under sub-section (1) shall, from the specified date, become an employee of the concerned Zilla Parishad, against the existing post in the appropriate cadres on the establishment of that Zilla Parishad with effect from the specified date and the terms and conditions of service in respect of pay, allowances, leave, transfer, retirement, pension, provident fund and other service conditions of such employees shall be regulated by the rules and orders which regulate the conditions of service of the members of the appropriate cadres of the Zilla Parishad services.

(3) Any employee, so transferred to a Zilla Parishad shall be treated as the junior most in the appropriate cadre of that Zilla Parishad service, from the specified date.

(4) Any employee so transferred shall hold his office under the concerned Zilla Parishad by the same tenure, at the same remuneration and upon the same other conditions of service and with the same rights and privileges as he would have held on the specified date if this section had not come into force. Any service rendered by him under the Development Agency shall be deemed to be service rendered under the concerned Zilla Parishad for the purposes of pension and gratuity only and not for the purpose of seniority in the appropriate cadre of the Zilla Parishad. He shall continue to serve under the concerned Zilla Parishad until his employment under that 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 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 employee shall not be varied to his disadvantage, except with the previous approval of the State Government.

(5) The sums standing to the credit of the employees referred to in sub-section (1) in any provident fund or other like fund constituted for them shall be transferred by the Development Agency to the concerned Zilla Parishad along with any accumulated interest due till the specified date and with the accounts relating to such fund. On and after the specified date the concerned Zilla Parishad shall, to the exclusion of 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.

(6) Notwithstanding anything contained in the foregoing sub-sections, if the service of any employee of the Development Agency stands transferred under subsection (1) to a 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 Development Agency.".

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