UTTAR PRADESH WATER SUPPLY AND SEWERAGE ACT, 1975

Vesting of Properties, Assets, Liabilities and Obligations and transfer of Employees

Transfer of employees to Nigam

§37

Summary

1[37. (1) Save as otherwise provided in this section, every person, who was directly appointed or absorbed by the erstwhile Uttar Pradesh Jal Nigam shall on and from the appointed date become employee of the Uttar Pradesh Jal Nigam (Urban) or Uttar Pradesh Jal Nigam (Rural) as determined by the State Government by a general or special order and shall hold his office or service therein by the same tenure and with the same remuneration and upon same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed date if this Act had not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service: Provided that nothing contained in this sub-section shall apply to any such employee who by notice in writing given to the erstwhile Uttar Pradesh Jal Nigam within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Nigam Provided further that the services of any employee referred to in the preceding proviso under the erstwhile Uttar Pradesh Jal Nigam/Nigam shall stand terminated on account of abolition of the post held by him and he shall be entitled from the erstwhile Uttar Pradesh Jal Nigam to compensation equivalent - (a) in the case of a permanent employee, to three month's remuneration; (b) in the case of a temporary employee, to one month's remuneration. (2) The sums standing to the credit of the employees referred to in sub-section in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the erstwhile Uttar Pradesh Jal Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds and the Nigam shall, to the exclusion of the erstwhile Uttar Pradesh Jal Nigam, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employee at the appropriate time in accordance with the conditions of their service. Notwithstanding anything contained in the above paragraph, pension and other retirement benefits of retired employees of the erstwhile Uttar Pradesh Jal Nigam shall be distributed between the Nigam by any general or specific order of the State Government. (3) Notwithstanding anything contained in the Uttar Pradesh Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any employee to the Nigam under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law and no such claim shall be entertained by any court, tribunal or authority (4) Every permanent or temporary employee of the erstwhile Uttar Pradesh Jal Nigam under sub-section(1) shall on and from the appointed date, be a permanent or temporary employee of the Nigam, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Nigam with effect from the appointed date. (5) Nothing in paragraph 426 or paragraph 436 of the Civil Service Regulations as applicable to Government servants under the rule making control of the State Government in relation to retrenchment or abolition of posts shall be extent to the except provided in this section, apply to any employee referred to in subsection (1). (6) Notwithstanding anything contained in the foregoing subsections,- (a) the services of no person who was employed in the erstwhile Uttar Pradesh Jal Nigam immediately before the appointed date against whom any disciplinary proceeding was pending or to whom any notice or order of termination of his services or compulsory retirement had been issued before the appointed date shall stand transferred to the Nigam on or from the appointed date in such persons may be dealt with after appointed date in such manner and by such authority as the State Government may by general or special order specify in this behalf; (b) if the service of any employee of the erstwhile Uttar Pradesh Jal Nigam stand transferred under sub-section(1) to the Nigam, the Nigam shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government. ]

1[37. (1) Save as otherwise provided in this section, every person, who was directly appointed or absorbed by the erstwhile Uttar Pradesh Jal Nigam shall on and from the appointed date become employee of the Uttar Pradesh Jal Nigam (Urban) or Uttar Pradesh Jal Nigam (Rural) as determined by the State Government by a general or special order and shall hold his office or service therein by the same tenure and with the same remuneration and upon same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed date if this Act had not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service: Provided that nothing contained in this sub-section shall apply to any such employee who by notice in writing given to the erstwhile Uttar Pradesh Jal Nigam within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Nigam Provided further that the services of any employee referred to in the preceding proviso under the erstwhile Uttar Pradesh Jal Nigam/Nigam shall stand terminated on account of abolition of the post held by him and he shall be entitled from the erstwhile Uttar Pradesh Jal Nigam to compensation equivalent - (a) in the case of a permanent employee, to three month's remuneration; (b) in the case of a temporary employee, to one month's remuneration. (2) The sums standing to the credit of the employees referred to in sub-section in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the erstwhile Uttar Pradesh Jal Nigam along with any accumulated interest due till the appointed date and with the accounts relating to such funds and the Nigam shall, to the exclusion of the erstwhile Uttar Pradesh Jal Nigam, be liable for payment of pension, provident fund, gratuity or other like sums as may be payable to such employee at the appropriate time in accordance with the conditions of their service. Notwithstanding anything contained in the above paragraph, pension and other retirement benefits of retired employees of the erstwhile Uttar Pradesh Jal Nigam shall be distributed between the Nigam by any general or specific order of the State Government. (3) Notwithstanding anything contained in the Uttar Pradesh Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of services of any employee to the Nigam under sub-section (1) shall not entitle any such employee to any compensation under that Act or such other law and no such claim shall be entertained by any court, tribunal or authority (4) Every permanent or temporary employee of the erstwhile Uttar Pradesh Jal Nigam under sub-section(1) shall on and from the appointed date, be a permanent or temporary employee of the Nigam, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Nigam with effect from the appointed date. (5) Nothing in paragraph 426 or paragraph 436 of the Civil Service Regulations as applicable to Government servants under the rule making control of the State Government in relation to retrenchment or abolition of posts shall be extent to the except provided in this section, apply to any employee referred to in subsection (1). (6) Notwithstanding anything contained in the foregoing subsections,- (a) the services of no person who was employed in the erstwhile Uttar Pradesh Jal Nigam immediately before the appointed date against whom any disciplinary proceeding was pending or to whom any notice or order of termination of his services or compulsory retirement had been issued before the appointed date shall stand transferred to the Nigam on or from the appointed date in such persons may be dealt with after appointed date in such manner and by such authority as the State Government may by general or special order specify in this behalf; (b) if the service of any employee of the erstwhile Uttar Pradesh Jal Nigam stand transferred under sub-section(1) to the Nigam, the Nigam shall be competent after such transfer to take such disciplinary or other action as it thinks fit against or in respect of such employee having regard to any act or omission or conduct or record of such employee while he was in service of the State Government. ]

← Previous Section Next Section →

Explore this Chapter