Omit. by sec. 18 of U. P. Act no. 34 of 1972. — U. P. ACT No . XXXIII of 1961 ]

5 . Omit. by sec. 18 of U. P. Act no. 34 of 1972. Appointment of Vita Adhikari Method of appointment of Abhiyanta and to certain other posts — Provided that if in any case the Adhyaksha is of opinion that the advice of 1[the Chunao Samiti] is improper or unfair, he may make a reference to the Commissioner of the Division whose decision in the matter shall be final and binding. ]2 (4) Notwithstanding anything in the preceding sub-section — (a) if the State Government has made any order under subsection (1) of section 41, that order would prevail, and (b) the State Government may at any time require a 3 [Zila Panchayat] to take in its own service any such Government servant whose services have been placed at the disposal of the 3[Zila Panchayat] under clause (b) of sub-section (1) of section 41 and who has given his consent in that behalf and upon being so taken in the service of the 3 [Zila Panchayat], such servant shall cease to be Government servant and shall become a servant of the 3[Zila Panchayat] .

Section 5