(1) Ou 'IJ.nd aftor the establish1nent of the Board, the State Government 1nay, fro1n ti1ne to time, diroct that the services of such of the existing officers and servants of the State Government in tho Gujarat Public Health Engineer~ ing Service, who in its opinion, are rendered surplus to its requirements, shall stand terminated and their posts shall stand abolished, from such date as may ho specified by it {hereinafter in this section referred to as "the appointed date") and shall ou that date (which 1nay be difforont for different officers and servants) becoine the officers or servants of the Board.
(2) Every permanent or temporary employee of the Gujarat Public Health Nugineering Service in respect of whom a direction is issued under sub·sootiou
(1) shall, on and from the appointed date, be a permanent or temporary emplo yee of the Board, as the case may be, against a permanent or temporary post, which shall stand oreated in the establishment of the Board with effect from tho appointed date.
XIV of
1947.
PART IV 1 GUJ, GOVT. GAZ., EX,, MAY 61 1979/JYA.ISTiJA 111, Itol 141>
(3) Any offi.oer or servant so transferred shall hold his office under tha Board on the same tenure, remuneration and other oonditions of servioe and with the sam.e right.a and privileges as to pension, gratuity, provident fund and other matters as he would have hold on the appointed date if this Aot had not come into foroo, until his employment under tho Board is duly terminated or his remuneration or other conditions of serviae are duly revised or altered by the Board in pur~uance of the law whioh for tho time being governs his oonditi ons of service:
Provided that., the conditions of ~.crv1C1.· applicablo.:: immediately before the appointed date to the case of any such officer or i;ervant shall not be varied to his disadvantage, except with the previous approval of the State Government.
(4) Any service rendered by such Government !'ervants und< r the State Government shall be deemed to be service rendered under the Board.
(5) 'l'he snIUfl slanding to the credit 0f the (;lllployees rrff i'ted to in sub-secl,ion {1) in any pension, grc::tulty, pro..,-ident fund or otht r like· fui,d11 constituted for them sh<>ll be t.ransfPJT( d bv th(- Stat(· Goven;m• r,1 I(• thl Board nlong ·with nny accumulnted interesi: due till the apl'l,11.t• c c. t-e and \vith the accounts relating to such funds.
(6) On and after the appointed date, the Board shall, to th(: ~'xclu~ion of the State Government, be liable for pr1.y·n1ent of p0nsio11, provic.ent fund, gratuity or other like stuns as n1ay be payabh- lo crupk1y<(·~ rtf• L'l"•(' 1,. in sub-section (1) at th1.; appropriatt tin1e i11 f!Ccordance with tht· conLit1ons of th!'ir serYice.
(7) Not\Vithstanding anyt.hing contained in tho Industrial Disputes Aot, 1947, or in any other la'v for the time being in force, the transfer of services of any employee to the Board under sub-seotion (1) shall not entitle any suoh employee to any compensation u11de1 that Act or such other law and no such olai1u shall be enttni<nntd h)' any Court, tribunal or authority.
(8) (a) Nothing contained in sub-section (1) shall apply W any employee 'Yho by notico in 'vriting given to the State Government within two months from tho appointed date or such extended time as the State Govern ment may, by general or special order, specify, intimates his intention of not becoming or continuing as an employee of the Board.
(b) Where such notice is received frotn any employee- {i) in ca so of a permanent employee, ho shall ho allowed to retire giving him the benefit of pcMion, gratuity, provident fund and otlwt benefits accrued to him bad he retired from the Government servioo ou tho appointed dato ;
(ii) in case of a temporary employee, his services shall stand teimi nated after giving him notice or remune1ation in lieu of notice as per tho existing servioo rules of tho State Government.
7.nfni of zi8tlq _ ...
11ppl7 "" ........ .,,, .. . ... .......
auj. GOVT. GAZ., EX., )tAY 6, l9711/JYAISTHA lO, 1901 [ PAil'f IV
(9) Not,vithstanding anything contained in the foregoillg sub-l'ectioui;-
(a) no pcro.on e1nploycd in the Gujarat Public Ife:alth Engineering Service to '\'ho1n any notice or ord"r of termination of his ~ervicea or oompul;;ory r-•tiren1cnt has been is.~ucd before the date of con11nencc1ncr,t of this Act sha.Il be transferred to the Bor,rd ;
(b) the transfer of a person en1ployed as aforr~uid against l\'hc1n P"11y d1sciplinf\ry proceeding i,; pending sliall initially be proYisional nnd the Stai..c Gvv<\rl\mcnt ~111111 rt·viclv snch tr11n4er afttl th<' final order aH a result of such disciplinary Jirocecding is passed a1~d therrafl er pass in1ch order as may appear to it to be appropriate in t-J1c circurn.~tances of the case;
(c) t.Jic disciplinary or ot.her action in re lat.ion to any person rcferrt d to in chn1~c (a) or claudr (b) 1nay be taken after the date Illl~ntioned in clause (a) in .;ttch 1ua1111llr and by such authority as t.]\f_' Stat.c Govcr11n1rnt 1111;y by gt:n-·r.11 or .~pecial order s1H·cify in t-hi~ bel1n!f;
(d} if the servioeg of any employee of the State Government stand h:ansferred under sub-seotion (1) or sub-sootion (2) to the Board, the Board shall be competent after such transfer to take suoh disoiplinary or other aotion ag it thinks fit against or in respeot of suoh employee having regard to any aot or omission or 1,1onduct or record of such employee while he was in service of the Sta.to Government.
(10) (a) For the purpose of enabling the Board to discharge its funotiona &».d duties uuder thiii Act, it shall ho la\vful for the State Government to direct, by a general or special order, that suoh of offioori! of the State Go vernment shall be poated under the Board for such period and oubjeot to suoh conditions as may bo specified in the order and accordingly tho officer~ specified in the order shall be posted under the Board.
(b) Tho pay and allowances of any officer posted in accordance with clause (a) under tho Board shall, during tho poriod of posting, bo paid by tho Board fronl its fund.
CHAP"l'EH IV TAKING OVER OF WA.TE& SUI>PLY AND SEWERAGE SERVICES FROM LOCAL BODY BY BOARD.