MMCNPIT Act 75AChapter V · Provisions Regarding Officers And Servants

Section 75A · [ Constitution of Maharashtra Municipal Services and provisions relating thereto. [Section 75A was inserted by Maharashtra 38 of 1971, Section 3.]

(1)

If the State Government considers it necessary or expedient for the purpose of bringing about a more efficient service of officers of Councils with uniform terms and conditions of service to carry out the functions and duties by or under this Act, the State Government may, notwithstanding anything contained in this Act, by notification in the Official Gazette, -]

(a)

constitute in respect of all Councils, or any class of municipal areas, a municipal service or services (to be called by such designations as may be specified in the notification) of,-

(i)[Chief Officers and Additional Chief Officers] [These words were substituted for the words 'Chief Officers' by Maharashtra 15 of 2012, Section 11 (w.e.f. 4-8-2012).] of such Councils, and

(ii)all or any of the other officers, specified in sub-section (2) of section 75 whose minimum salary (exclusive of allowances) is not less than Rs. 225 per month;

(b)

direct from time to time that each such municipal service shall consist of such classes, cadres and posts (including grades of posts) and the initial strength of officers in each such classes or cadres shall be such, as may be specified in the notification, and

(c)

further direct that the officers included in any such classes or cadres shall belong to such service of the State Government as may be specified in the notification.

(2)

The State Government may make rules for regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption of persons already working under any Council in municipal services constituted under this section or otherwise and providing for terminal benefits as compensation, pension or gratuity or the like, to persons who elect not to be absorbed or cannot be absorbed or who elect to retire, and the conditions of service of persons appointed or absorbed, to such municipal services and in respect of persons appointed or absorbed in such municipal services constituted under this section the provisions of Section 79 shall cease to apply:Provided that, such cessor shall not, in relation to absorbed officers, affect the previous operation of Section 79 in respect of anything done or omitted to be done before such absorption:Provided further that, the terms and conditions of service applicable immediately before the appointed day to any officer shall not be varied to his disadvantage, except with the pervious approval of the State Government.

(3)

Except as otherwise provided in any rules made under sub-section (2), all rules, regulations or orders as amended from time to time and for the time being in force in the State and applicable to officers in relevant class of service of the State Government shall continue to apply to officers appointed to, or absorbed in, any such service and shall be deemed to be rules, regulations or orders made under this Act, until other rules, regulations or orders, if any, are made in this behalf or subject to such modifications, as the State Government may, from time to time by notification in the Official Gazette, and in any other prescribed manner make.

(4)

Notwithstanding anything contained in sub-section (4) of section 75, the power of making appointments of officers to any Municipal Council under this section including promotions transfers and all matters relating to any conditions of service shall vest in the State Government, or any officer not below the rank of a Deputy Secretary to Government duly authorised by the State Government for the purpose.

(5)

[ The officers included in any municipal service constituted under this section shall be the servants of the State Government; but they shall draw their salaries and allowances directly from the Municipal fund.] [Sub-section (5) was substituted for the original by Maharashtra 4 of 1974, Section 38(1).]

(6)

There shall be paid every year out of the municipal fund to the State Government such cost as the State Government may determine on account of [* * *] [The word 'pay' was deleted by Maharashtra 4 of 1974, Section 38(2)(a).] pension, leave and [allowances other than those drawn from the municipal fund under sub-section (5)] [These words were substituted for the words 'other allowances' Maharashtra 4 of 1974, Section 38(2)(b).] of the officers belonging to any of municipal services constituted under this section and all the expenses incurred by the State Government for administering the municipal service or services constituted under this section. If any municipal Council fails to pay such cost and expenses [or the salaries and allowances of such officers] [These words were inserted by 4 of 1974, Section 38(2)(c).] within the period prescribed in this behalf, then the provisions of sub-section (3) of Section 312 shall apply to the payment of such cost and expenses [or the salaries and allowances of such officers] [These words were inserted by 4 of 1974, Section 38(2)(c).] as they apply in relation to the payment of the expense and remuneration not paid under that section.]

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