State Act

the Uttarakhand Urban and Country Planning and Development Act, 1973 to the context of the State of Uttarakhand.

[5-A (1) Notwithstanding anything to the contrary contained in section 5 or in any other law for the time being in force, the State Government may at any time by notification, create one or more ‘Development Authorities Centralized Services’ for such posts, other than the posts mentioned in sub-section (4) of section 59, as the State Government may deem fit, common to all the Development Authorities and may prescribed the manner and conditions of recruitment to and the terms and conditions of service of person appointed to such service. (2) Upon creation of a Development Authorities Centralized Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralized) Services Rules, 1966 or serving on deputation, shall unless he opts otherwise, be absorbed in such service – (a) finally, if he was already confirmed in his post; and (b) provisionally, if he was holding temporary or officiating appointment. (3) A person referred to in sub-section (2) may, within three months from the creation of such Development Authorities Centralized Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralized Service, failing which he shall be deemed to have opted for final or provisional, as the case may be, absorption in such Centralized Service. (4) Suitability of a person absorbed provisionally, for final absorption in a Development Authorities Centralized Service, shall be examined in the manner prescribed and if found suitable he shall be absorbed finally. (5) The services of an employee who opts against absorption or who is not found suitable for final absorption shall stand determined and he shall without prejudice to his claim to any leave, pension, provident fund or gratuity which he would have been entitled to be entitled to receive as compensation from the Development Authority concerned, an amount equal to-- (a) three month’s salary, if he was a permanent employee; (b) one month’s salary, if he was a temporary employee. Explanation— For the purposes of this sub-section the terms ‘salary’ includes dearness allowance, personal pay and special pay, if any. (6) It shall be lawful for the State Government or any officer authorized by it in this behalf to transfer any person holding any post in a Development Authorities Centralized Service from one Development Authority to another.]1