43. (1) Appointments to the posts of Karya Adhikari, Abhiyanta and Kar Adhikari and the posts created under sub-section (2) of section 39 [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] to matter shall be referred to the State Government whose decision shall be final.
(2) 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 Panchayat] specified by rules and [carrying such pay scales as the State Government may, by notification, fix] shall be made by the Mukhya Adhikari.
(3) Except as otherwise provided in this Act, appointments to posts under the [Zila Panchayat], other than those covered by subsections (1) and (2), shall be made by the Adhyaksha -
(a) [ . . . . . . ]
(b) in the case of others, on the advice of the Chunao Samiti constituted under section 45 ;
Provided that if in any case the Adhyaksha is of opinion that the advice of [the Chunao Samiti] 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. ]
(4) Notwithstanding anything in the preceding sub-section -
(a) if the State Government has made any order under subsection (1) of section 41, 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 clause (b) of sub-section (1) of section 41 and who has given his 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].