Subs. by sec. 25 of U. P. Act no. 21 of 1995. — U. P. ACT No . XXXIII of 1961 ]

5 . Subs. by sec. 25 of U. P. Act no. 21 of 1995. Central transferable cadre of certain classes of servants Chunao Samiti anything in sections 39 and 43 but subject to the provisions of subsection (2) be officers and servants employed by the 1 [Zila Panchayat] and until appointed to posts created under section 39 shall be entitled to the same salaries and allowances and shall be subject to the same conditions of service to which they were entitled or were subject immediately before the said date. (2) The following procedure shall be adopted in appointing the officers and servants referred to in sub -section (1) to the posts created under section 39 : — (a) appointments to posts for which consultation of the Commission under sub -section (1) of section 43 is necessary shall be made according to the provisions of the said sub-section ; (b) appointments to other posts shall be made by the Adhyaksha in accordance with rules made in this behalf : Provided that any officer or servant aggrieved by any appointment made by the Adhyaksha may within thirty days of the date of the order by which the appointment was made make a representation to the Commissioner of the division and in that case the decision of the Commissioner of the division shall be final and binding; (c) if for any post a suitable person out of the officers and servants aforesaid is not available then appointment to the post may be made from outside under the provisions of this Act. [The suitability of such officers and servants shall be considered in the prescribed manner ]

Section 5