(1)- Save as otherwise provided in this section, every person (excluding a member of a service created under [ Section 27-A of this Act], Section 69-B of the U.P. Municipalities Act, 1916, and Section 112-A of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959) who was employed exclusively in connection with water supply or sewerage services or sewage works or sewage farms under a local body for the local areas of which a Jal Sansthan has been constituted shall, on and from the said date, become an employee of the Jal Sansthan and shall hold his office or service therein by the same tenure, at the same remuneration and upon the 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 said date if the aforesaid water supply and sewerage services, sewage works and sewage farms had not been transferred to and vested in the Jal Sansthan, and shall continue to do so until his employment in the Jal Sanstha" is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Jal Sansthan 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 State Government within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Jal Sansthan :
Provided further that the services of any employee referred to in the preceding proviso under the local body, shall stand terminated on account of abolition of the post held by him and he shall be entitled from that local body to compensation equivalent -
(a) in the case of a permanent employee, to three months' remuneration;
(b) in the case of a temporary employee, to one months' remuneration.
(2)- Notwithstanding anything in sub-section (1) but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the U.P. Industrial Disputes Act, 1947, who becomes an employee of the Jal Sansthan shall be liable to be transferred from any establishment or undertaking in which he was employed immediately before the said date to any other establishment or undertaking belonging to the Jal Sansthan at the same remuneration and on the same other terms and conditions as govern him immediately before such transfer.
(3)- If any question arises as to whether any person was exclusively employed in connection with the aforesaid water supply and sewerage services, sewage works and sewage farms under the local body immediately before the said date, it shall be decided by the State Government.
(4)- The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the local body concerned by the Jal Sansthan along with any accumulated interest due till the said date and with the accounts relating to such fund and the Jal Sansthan shall, to the exclusion of the local body, be liable for payment of pension, provident fund, gratuity or other like dues as may be payable to such employees at the appropriate time In accordance with the conditions of their service.
(5)- Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947, or, in any other law for the time being in force, the transfer of services of any employee to the Jal Sansthan 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.
(6)- Every permanent or temporary employee of a local body becoming an employee of a Jal Sansthan under sub-section (1) shall, on and from the said date be a permanent or temporary employee of the Jal Sansthan, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Jal Sansthan with effect from the said date.
(7)- An employee referred to in the first proviso to sub-section (f) shall be deemed to have continued to be in the service of the local body concerned between the said date and the date of abolition of posts under the second proviso to that sub-section, but the local body shall be entitled to reimbursement from the Jal Sansthan of the remuneration paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
(8)- Nothing in para 426 or para 436 of the Civil Service Regulations as applicable to Government servants or in any other rules relating to employees of the local bodies in relation to retrenchment or abolition of posts shall except to the extent provided in this section, apply to any employee referred to in sub-section (1).
(9)- Notwithstanding anything contained in [ Section 27-A of this Act], Section 69-B of the U.R Municipalities Act, 1916, and Section 112-A of the Uttar Pradesh Nagar Mahapalika. Adhiniyam, 1959, or in the rules relating to centralised services made under the said sections, eve-y person belonging to a centralised service referred to in the said sections and rules shall be bound [to serve with such Jal Sansthan or the Nigam to which his services are for the time being lent or transferred] by an order of the Director of Local Bodies, Uttar Pradesh, and no such employee shall be entitled to any deputation or other allowances merely on the ground of such deputation, and subject thereto, they shall continue to remain the members of the centralised service on the same terms and conditions as before being placed on such deputation.
(10)- Notwithstanding anything contained in the foregoing sub-sections -
(a)- the services of no person who was employed under any local body 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 Jal Sansthan on or from the appointed date, and such persons may be dealt with after the 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 services of an employee of a local body stand transferred under subsection (1) to the Jal Sansthan, the Jal Sansthan shall be competent' after such transfer to take such disciplinary or other action as it thinks fit against or in respect or such employee having regard to any act or omission or conduct or record of such employee while he was in the service of the local body.
Provided that nothing contained in this sub-section shall apply to any such employee who, by notice in writing given to the State Government within such time as the State Government may, by general or special order, specify, intimates his intention of not becoming an employee of the Jal Sansthan :
Provided further that the services of any employee referred to in the preceding proviso under the local body, shall stand terminated on account of abolition of the post held by him and he shall be entitled from that local body to compensation equivalent -
(a) in the case of a permanent employee, to three months' remuneration;
(b) in the case of a temporary employee, to one months' remuneration.
(2)- Notwithstanding anything in sub-section (1) but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the U.P. Industrial Disputes Act, 1947, who becomes an employee of the Jal Sansthan shall be liable to be transferred from any establishment or undertaking in which he was employed immediately before the said date to any other establishment or undertaking belonging to the Jal Sansthan at the same remuneration and on the same other terms and conditions as govern him immediately before such transfer.
(3)- If any question arises as to whether any person was exclusively employed in connection with the aforesaid water supply and sewerage services, sewage works and sewage farms under the local body immediately before the said date, it shall be decided by the State Government.
(4)- The sums standing to the credit of the employees referred to in sub-section (1) in any pension, provident fund, gratuity or other like funds constituted for them shall be transferred by the local body concerned by the Jal Sansthan along with any accumulated interest due till the said date and with the accounts relating to such fund and the Jal Sansthan shall, to the exclusion of the local body, be liable for payment of pension, provident fund, gratuity or other like dues as may be payable to such employees at the appropriate time In accordance with the conditions of their service.
(5)- Notwithstanding anything contained in the U.P. Industrial Disputes Act, 1947, or, in any other law for the time being in force, the transfer of services of any employee to the Jal Sansthan 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.
(6)- Every permanent or temporary employee of a local body becoming an employee of a Jal Sansthan under sub-section (1) shall, on and from the said date be a permanent or temporary employee of the Jal Sansthan, as the case may be, against a permanent or temporary post which shall stand created in the establishment of the Jal Sansthan with effect from the said date.
(7)- An employee referred to in the first proviso to sub-section (f) shall be deemed to have continued to be in the service of the local body concerned between the said date and the date of abolition of posts under the second proviso to that sub-section, but the local body shall be entitled to reimbursement from the Jal Sansthan of the remuneration paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section.
(8)- Nothing in para 426 or para 436 of the Civil Service Regulations as applicable to Government servants or in any other rules relating to employees of the local bodies in relation to retrenchment or abolition of posts shall except to the extent provided in this section, apply to any employee referred to in sub-section (1).
(9)- Notwithstanding anything contained in [ Section 27-A of this Act], Section 69-B of the U.R Municipalities Act, 1916, and Section 112-A of the Uttar Pradesh Nagar Mahapalika. Adhiniyam, 1959, or in the rules relating to centralised services made under the said sections, eve-y person belonging to a centralised service referred to in the said sections and rules shall be bound [to serve with such Jal Sansthan or the Nigam to which his services are for the time being lent or transferred] by an order of the Director of Local Bodies, Uttar Pradesh, and no such employee shall be entitled to any deputation or other allowances merely on the ground of such deputation, and subject thereto, they shall continue to remain the members of the centralised service on the same terms and conditions as before being placed on such deputation.
(10)- Notwithstanding anything contained in the foregoing sub-sections -
(a)- the services of no person who was employed under any local body 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 Jal Sansthan on or from the appointed date, and such persons may be dealt with after the 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 services of an employee of a local body stand transferred under subsection (1) to the Jal Sansthan, the Jal Sansthan shall be competent' after such transfer to take such disciplinary or other action as it thinks fit against or in respect or such employee having regard to any act or omission or conduct or record of such employee while he was in the service of the local body.