State Act

The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965.

347. Provisions relating to officers and servants.— (1) All officers and servants in the employment of an existing Council immediately before the appointed day, shall be deemed to be transferred to the service of the successor Council and shall, until other provision is made by a competent authority, receive such salaries and allowances, pension, provident fund, gratuity and other retirement benefits and be subject to such other conditions of service, to which they were entitled immediately before the 26th day of March 1965: Provided that, the conditions of service applicable immediately before that date to the case of any officer or servant so transferred to the service of the successor Council shall not be varied to his disadvantage except with the previous approval of the State Government: Provided further that, nothing in this sub-section shall affect the powers of the successor Council to discontinue the service of any such officer or servant in accordance with the provisions of this Act. (2) Any person who immediately before the appointed day was holding the post of,— (a) the Chief Officer of any borough municipality under section 33 of the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925); (b) the Chief Officer of any city municipality under sub-section (1) of section 182 of the Bombay District Municipal Act, 1901 (Bom. III of 1901); (c) the Secretary of any district municipality or of a city municipality not falling under clause (b) under the Bombay District Municipal Act, 1901 (Bom. III of 1901); or (d) the Secretary of any municipal committee under section 25 of the Central Provinces and Berar Municipalities Act, 1922 (C. P. and Berar II of 1922), shall, with effect from the appointed day, and subject to the provisions of sub-section (1), be deemed to be appointed the Chief Officer of the successor Council under section 75 of this Act: 1[Provided that if immediately, before the appointed day, in any existing Council no such posts aforesaid exist or if no person holds any such post, the powers conferred and the duties and functions imposed and entrusted, to a Chief Officer by or under this Act shall, with effect from the appointed day until the successor Council appoints the Chief Officer under the said section 75, be exercised, performed and discharged by such officer of the Council or Government as the Collector may designate in this behalf.] (3) Any person who immediately before the appointed day was holding the post of,— (i) the Health Officer of any borough municipality under sub-section (5) of section 34 of the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925); or (ii) the Health Officer of a municipal Committee under section 25-A of the Central Provinces and Berar Municipalities Act, 1922 (C. P. and Berar II of 1922), shall, with effect from the appointed day and subject to the provisions of sub-section (1), deemed to be appointed the Health Officer of the successor Council under section 75 of this Act. (4) Any person who immediately before the appointed day was holding the post of the Engineer of any borough municipality under sub-section (5) of section 34 of the Bombay Municipal Boroughs Act, 1925 (Bom. XVIII of 1925), shall, with effect from the appointed day and subject to the provisions of sub-section (1), be deemed to be appointed the Municipal Engineer of the successor Council under section 75 of this Act.