(1) Save as otherwise provide<:). in Section 8, pers(:ns who were either emr loyed in the Public Health Engin… — ASS.l\.l\f ACT II OF 1987

(1) Save as otherwise provide<:). in Section 8, pers(:ns who were either emr loyed in the Public Health Engineering Org2.nisation of Government of Assam cr l!nder a local body, exclusively in connection with Urban Water supply or sewerage servicesor sewage works or sewage firms, shall from the appointed day (hereinafter iil this section referred to as the said date), be transferred to the Board and they shall hold their offices or services therein by the same terms 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 they would have held the same on the said day if this Act had not come into force or, as the case may be the aforesaid water supply and sewerage service, sewage works and sewage farms had not been transferred to and vested in the Board, and shall continue to do so until their employment in the Board, is terminated or until their remuneration or other terms conditions of services are revised and altered by the Board under or in pursuance of any by law or under any rule made in this behalf under Sections 115, 116 of this Act . .

22. (1) Save as otherwise provide<:). in Section 8, pers(:ns who were either emr loyed in the Public Health Engineering Org2.nisation of Government of Assam cr l!nder a local body, exclusively in connection with Urban Water supply or sewerage servicesor sewage works or sewage firms, shall from the appointed day (hereinafter iil this section referred to as the said date), be transferred to the Board and they shall hold their offices or services therein by the same terms 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 they would have held the same on the said day if this Act had not come into force or, as the case may be the aforesaid water supply and sewerage service, sewage works and sewage farms had not been transferred to and vested in the Board, and shall continue to do so until their employment in the Board, is terminated or until their remuneration or other terms conditions of services are revised and altered by the Board under or in pursuance of any by law or under any rule made in this behalf under Sections 115, 116 of this Act . . .. : :P1' 1' gvided that a permanent employee of the State Government, whose services have been transferred to the Board, shall hqld lien under the State Government and the period spent in the services of the Board shall be reckoned for increment, pension, and other terms and conditions of the State Government rules in the event of his returning back to the State Government service. Every Officer or employee of the State Government whose services have been transferred to the Board, shall intimate the State Government in writing within two years from the of transfer of his services to the Board.- (i) that he may be permitted to retire from service and he shall be permitted to retire from Gcve.t.nment service and he will be entitled to compensation· pension, gratuity and any other benefits to him to the maximum possible limit under the rules, or (ii) chat he should be absorbed substantively in the service of the Board and then the Board will absorb him substantively in service and thereupon the services rondered by him under tbe ·State Government shall be treated as services rendered under the Board and he shall be entitled to have such rights cr to such similar rights in the situation · with regard· to remuneration, leave and pension as -\vill not be less favourable to the sen·ice conditions, agreements and rights as he would have been entitled to before he was employed in the Board, or, (iii) that he may be permitted to revert to the · G<wernment service and he will be allowed to do so on the same terms and conditions as were applicable just before his services were transferred to the Board and he will be deemctd to have · remained always in the Government service under the -s -same terms and conditions. If any Officer or employee do not give such intimation v.-ithin the above specified period it will be deemed that he has opted for beinog absorbed substantively in the service of the Board under the terms and conditions specified by it. Notwithstanding anything contained in subsection (1), but subject to any express agreement to the contrary, any person referred to therein, other than a workman as defined in the Induatrial Disputes Act, 1947 (Act. XIV ·of 1947) who becomes an employee of the Board shcill be liable to be transferred from any establishment or undertaking in which he was employed immediately before the 'Said date to 'fny other· establishment or undertaking belonging tO< the Board on the . s same - - · terms and condisuch remuneration and on the same tions as governed him, . i immediately before transfer. (S) If . a any question arises as to whether anr person was· exclusively employed in connection with the aforesaid water supply and sewerage s·ervices sewage works and sewage farms under a local body immediately before the said date, it shall be decided by the State Government and the · decision of the State Government shall be final. /(6) The sums standing to the credit of the employees referred to ' in sub-section (1) in any pension fund, provident · fund, gratuity fund or other like fund constituted for them shall be transfer:red by the. State Government or the local body concerned, as the . c case may be, to the Board along with any accumulated interest due till the said date and with the accounts _ _relating to such fund and the Board shall to the exclusion of the State Government and of any . l local body, be liaole for payment of pension, provident . fund gratuity orother like dues as may be payable to such employees at the· appropriate time in accordance with the conditions oftheir service. - . ( (7) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act. XIV of 1947) or . , i in any other law for the time being in force the transfer of any employee to the .Board under sub-Section ( 1) shall not entitle any such employeeto any compensation under that Act or such other law and no such claim shall be entertained by . a any court, tribunal or Eve.ry permanent or temporary employee of the Public Health Engineering Organisation of the State Government or of a local body becoming . a an employee of the Board under sub-section (1} shall,. · on and from the said date, be a permanent or temporary employee of the Board , · as the . c case may be, against a permanent or temporary post, which shall stand created in the establishment of the Board with effect from the said date . · ( Board'· Fund. . Any employee referred to in the proviso to sub-section (I) shall be deemed to have continued to be in the service of the State Gover nment or the local body concerned, a11 the case may be, between the said date and the date of abolition of the posts under sub-section (2) but the State Government or the .local body, as the case may be, shall be entitled to reimbursement of the remunera- ' tion paid by it to such employee for that period and also of the compensation referred to in the second proviso to that sub-section. · CHAPTER VIII PROPERTY CONTRACT FINANCE ACCOUNT AND AUDIT

Section 22