Maharashtra Creation Of Supernumerary Posts And Appointment Of Selected Candidates Act, 2022

 

[45 OF 2022]

 

[08th September 2022]

An Act to provide for creation of supernumerary posts in the cadre of civil services and posts of the Government, Government Departments and offices or authorities subordinate thereto and to appoint candidates selected and recommended by selection authorities thereon.

WHEREAS, it is expedient to provide for creation of supernumerary posts in the cadre of civil services and posts of the Government, Government Departments and offices or authorities subordinate thereto and to appoint candidates selected and recommended by selection authorities thereon and for matters connected therewith or incidental thereto; it is hereby enacted in the Seventy-third Year of the Republic of India as follows :-

Section - 1. Short title.

This Act may be called the Maharashtra Creation of Supernumerary Posts and Appointment of Selected Candidates Act, 2022.

Section - 2. Definitions.

In this Act, unless the context otherwise requires,-

(a)      " Competent Authority " means the authority competent to select or appoint the candidates on the posts in the cadres specified in the Schedule ;

(b)      "Government" means the Government of Maharashtra;

(c)      "Schedule" means the Schedule appended to this Act;

(d)      "Selection Authority" means the Maharashtra Public Service Commission, District Selection Committees and other Selection Authorities competent to select the candidates for the services and posts of the Government, Government Departments and offices or authorities subordinate thereto;

(e)      "candidates" means the candidates selected and recommended by the concerned Selection Authority for the appointments in the cadre of civil services and posts mentioned in the Schedule.

Section - 3. Creation of supernumerary posts.

Notwithstanding anything contained in any judgment, decree or order of any court or in the recruitment rules or orders issued by the Government, Government Departments and offices or authorities subordinate thereto, the supernumerary posts shall be created in the cadres of civil services and posts mentioned in the Schedule.

Section - 4. Validation of selection of candidates in civil services and posts; and their appointments.

(1)     Notwithstanding anything contained in any judgment, decree or order of any court or in the recruitment rules or orders issued by the Government, the candidates who are selected by the Selection Authority for appointments to the civil services and posts of the Government, Government Departments and offices or authorities subordinate thereto, and whose names are recommended for such appointments to the Government or Government Departments and offices or authorities subordinate thereto or to the Competent Authorities, on or before the 9th September 2020, in the cadre of civil services and posts mentioned in the Schedule, shall be deemed to have been validly selected and such candidates shall be appointed on the supernumerary posts created under section 3 in the respective cadres of the Government, Government Departments and offices or authorities subordinate thereto, in accordance with the procedure of the relevant rules applicable to the said cadres and posts.

(2)     The concerned Government Departments and offices or authorities subordinate thereto shall give appointment to the said candidates by following procedure therefor.

(3)     The option shall be given to such candidates to join the service. The candidates shall join the service within the period specified therein. After expiry of the said period, no candidate shall be allowed to join the service.

(4)     The Government may issue necessary instructions or orders for compliance of the Act.

Section - 5. Power to remove difficulty.

(1)     If any difficulty arises in giving effect to the provisions of this Act, the Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2)     Every order made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature.

 

SCHEDULE

(See sections 3 and 4)