PRTPD Act 39Chapter IV · Relations between the State Government, Authority and Local Authorities

Section 39 · Transfer of services of existing employees of the Improvement Trust to the Authority

(1)

Every whole-time employee of the Improvement Trust shall, on and from the appointed day, become an employee of the Authority, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to gratuity, if any, and other matters as he would have held the same on the appointed day if this Act had not come into force and shall continue to do so unless and until his remuneration, terms and conditions, are duly altered by the Authority with the previous approval of the State Government.

(2)

Notwithstanding anything contained in sub-section (1), where any employee of the Improvement Trust by notice in writing given to the Authority at any time before the expiry of three months next following the appointed day, has intimated his intention of not becoming an employee of the Authority, he shall cease to be employee of the Authority on the expiry of the notice period and be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the Improvement Trust immediately before the appointed day.

(3)

If any question arises as to whether any person was a whole-time employee of the Improvement Trust immediately before the appointed day, the question shall be referred to the State Government whose decision shall be final.

(4)

Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, the transfer of the service of any employee of the Improvement Trust to the Authority shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or any other authority.

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