1[23A. Power of State Government to depute certain Government employees to 2[the Authority].- (1) Where on account of conferment of any powers, duties and functions on 3[the Authority] by or under this Act, in the opinion of the State Government, any posts in the Maharashtra Environmental Engineering Service of any officers and servants belonging to categories referred to in entries (3) and (4) in clause (xiii) of section 2, have been rendered or are likely to be rendered surplus wholly or partially, to the requirements of the State Government, or where the services of any such officers and servants are required by 4[the Authority] for efficient exercise of its powers, performance of its duties or discharge of its functions, the State Government, the Head of the Department of the State Government or any officer authorised by the State Government in this behalf may, from time to time, having regard to the necessity therefor, by order depute such officers and servants to 5[the Authority] and 6[the Authority] shall take them over and employ them on deputation, subject to the provisions of this section.
(2) The period of deputation of any such employee to 7[the Authority] shall be two years from the date he is taken over by 8[the Authority] (hereinafter in this section referred to as "the appointed date"), except when, with the consent of 9[the Authority] and the State Government, he elects to remain on deputation for a longer period not exceeding five years in the aggregate, or except when he is recalled to Government service at any time by the State Government in consultation with 10[the Authority]. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government.
(3) Any employee so deputed shall have an option, which shall be exercised by him within a period of one year from the appointed date by giving a notice in writing to the State Government, requesting the State Government to permit him to revert to Government service after the expiry of the period of two years of deputation or to permit him to be absorbed in the service of the 11[the Authority].
If 12the Authority] agrees to absorb him in its service on the same terms and conditions as are laid down in section 23, he shall become an employee of 13[the Authority] from the date specified by it and the provisions of section 23 shall, mutatis mutandis, apply to him as if he were transferred to 14[the Authority] under that section. If any employee fails to give notice as aforesaid in time, he shall be deemed to have opted to revert to Government service after the expiry of the period of two years of deputation.
(4) If during the period of the first two years of compulsory deputation, employee concerned is entitled to promotion in his parent Department, he shall at his request in writing be permitted to revert to his parent Department or to get proforma promotion if he continues on deputation with 15[the Authority].
(5) No employee on deputation to 16[the Authority] shall be entitled to any deputation allowance.
(6) The salaries and allowances of employees on deputation to 17[the Authority] shall be paid from 18c9560the Authority] Fund.
(7) Save as otherwise provided in this section, the terms and conditions of service of employees on deputation to 19[the Authority] shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantages except with the previous sanction of the State Government].
(2) The period of deputation of any such employee to 7[the Authority] shall be two years from the date he is taken over by 8[the Authority] (hereinafter in this section referred to as "the appointed date"), except when, with the consent of 9[the Authority] and the State Government, he elects to remain on deputation for a longer period not exceeding five years in the aggregate, or except when he is recalled to Government service at any time by the State Government in consultation with 10[the Authority]. After the expiry of the period of deputation, he shall stand repatriated to service under the State Government.
(3) Any employee so deputed shall have an option, which shall be exercised by him within a period of one year from the appointed date by giving a notice in writing to the State Government, requesting the State Government to permit him to revert to Government service after the expiry of the period of two years of deputation or to permit him to be absorbed in the service of the 11[the Authority].
If 12the Authority] agrees to absorb him in its service on the same terms and conditions as are laid down in section 23, he shall become an employee of 13[the Authority] from the date specified by it and the provisions of section 23 shall, mutatis mutandis, apply to him as if he were transferred to 14[the Authority] under that section. If any employee fails to give notice as aforesaid in time, he shall be deemed to have opted to revert to Government service after the expiry of the period of two years of deputation.
(4) If during the period of the first two years of compulsory deputation, employee concerned is entitled to promotion in his parent Department, he shall at his request in writing be permitted to revert to his parent Department or to get proforma promotion if he continues on deputation with 15[the Authority].
(5) No employee on deputation to 16[the Authority] shall be entitled to any deputation allowance.
(6) The salaries and allowances of employees on deputation to 17[the Authority] shall be paid from 18c9560the Authority] Fund.
(7) Save as otherwise provided in this section, the terms and conditions of service of employees on deputation to 19[the Authority] shall not be less advantageous than those applicable to them immediately before deputation and shall not be varied to their disadvantages except with the previous sanction of the State Government].
Source footnotes
1. Section 23A was inserted by Mah. 8 of 1980, s. 4.2. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
3. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
4. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
5. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
6. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
7. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
8. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
9. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
10. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
11. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
12. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
13. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
14. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
15. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
16. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
17. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
18. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
19. These words were substituted for the word "the Board" by Mah. 25 of 1997, s. 5.
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Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Establishment of the Authority.Section 4 · Constitution of the Authority.Section 5 · Disqualification for being non-official Member.Section 6 · Term of office of Members.Section 6A · Temporary absence of Members.Section 7 · Other provisions regarding Members.India Code, Government of India. Text fetched 20 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.