Validation of certain appointments to Subordinate service.

§4

Summary

Notwithstanding anything contained in the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 1973), every person who has appointed to any post in the Subordinate service on or before the day immediately preceding the date of commencement of this act, and who is still in service on the date of commencement of this Act, shall be deemed to have been validly appointed to that post, notwithstanding that such person was not nominated or recommended by a Selection Board, or as the case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services (Subordinate) Selection Board Rules, 1976, or any other rules or orders for the time being in force or that no revised rules for selection of candidates by a Selection Board or a Special Selection Board were framed; and no such appointment shall be called in question in any Court or before any authority merely on the ground that he was not duly selected or appointed: Provided that,- (a) in the case of such appointment under the State Government, the initial appointment of the person is made- (i) in conformity with the age limit and minimum qualifications prescribed in the recruitment rules for the post in force at the time of such appointment ; (ii) from amongst candidates recommended by the Employment Exchange of Social Welfare Officer or Backward Class organisations authorised by Government to sponsor candidates for appointment to Government services or the Collector from the list of candidates employed during the 1977-78 strike period ; (iii) in conformity with the orders issued by Government, from time to time, in respect of reservation of posts for persons belonging to backward classes, economically weaker sections, ex-servicemen, physically handicapped persons, or any other category; (b) in the case of such appointment under the Zilla Parishads, the Municipal Councils, the Municipal School Boards constituted under the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), the Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 1948 (LIV of 1948), and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (LXIV of 1950), the initial appointment of the person is made in conformity with the relevant rules or regulation or orders made by the authority concerned for the post, or any orders issued in that behalf by Government, and in force at the time of such appointment. Explanation.- For the purpose of determining the initial appointment referred to in the proviso to this section, any technical break in service effected, and any subsequent formal order of appointment made, in respect of any person continued in any post in the Subordinate service, in order to comply with the requirements of any rules or orders made or issued in respect of recruitment to the Subordinate service, shall be ignored.

Notwithstanding anything contained in the Maharashtra Public Services (Subordinate) Selection Boards Act, 1973 (Mah. XXI of 1973), every person who has appointed to any post in the Subordinate service on or before the day immediately preceding the date of commencement of this act, and who is still in service on the date of commencement of this Act, shall be deemed to have been validly appointed to that post, notwithstanding that such person was not nominated or recommended by a Selection Board, or as the case may be, a Special Selection Board, under the said Act or the Maharashtra Public Services (Subordinate) Selection Board Rules, 1976, or any other rules or orders for the time being in force or that no revised rules for selection of candidates by a Selection Board or a Special Selection Board were framed; and no such appointment shall be called in question in any Court or before any authority merely on the ground that he was not duly selected or appointed: Provided that,- (a) in the case of such appointment under the State Government, the initial appointment of the person is made- (i) in conformity with the age limit and minimum qualifications prescribed in the recruitment rules for the post in force at the time of such appointment ; (ii) from amongst candidates recommended by the Employment Exchange of Social Welfare Officer or Backward Class organisations authorised by Government to sponsor candidates for appointment to Government services or the Collector from the list of candidates employed during the 1977-78 strike period ; (iii) in conformity with the orders issued by Government, from time to time, in respect of reservation of posts for persons belonging to backward classes, economically weaker sections, ex-servicemen, physically handicapped persons, or any other category; (b) in the case of such appointment under the Zilla Parishads, the Municipal Councils, the Municipal School Boards constituted under the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), the Maharashtra State Electricity Board constituted under the Electricity (Supply) Act, 1948 (LIV of 1948), and the Maharashtra State Road Transport Corporation constituted under the Road Transport Corporation Act, 1950 (LXIV of 1950), the initial appointment of the person is made in conformity with the relevant rules or regulation or orders made by the authority concerned for the post, or any orders issued in that behalf by Government, and in force at the time of such appointment. Explanation.- For the purpose of determining the initial appointment referred to in the proviso to this section, any technical break in service effected, and any subsequent formal order of appointment made, in respect of any person continued in any post in the Subordinate service, in order to comply with the requirements of any rules or orders made or issued in respect of recruitment to the Subordinate service, shall be ignored.

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