The Chhattisgarh Sarvajanik Upakramon Ke Karmachariyon Ka Lok Seva Me Samviliyan Pratishedh Adhiniyam, 2000.

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Madhya Pradesh Sarvajanik Upakramon Ke 
Karmachariyon
Ka Lok Seva Me Samviliyan Pratishedh Adhiniyam, 2000
36 of 2000
CONTENTS
1. 
Short 
Title And Commencement
2. 
Definitions
3. 
Prohibition Of Absorption Into 
Public Service
4. 
Scheme Of 
Voluntary Retirement
Madhya Pradesh Sarvajanik Upakramon Ke 
Karmachariyon
Ka Lok Seva Me Samviliyan Pratishedh Adhiniyam, 2000
36 of 2000
An Act, to prohibit absorption of 
Employees of Public Sector
Undertakings into Public Service and for 
matters connected
therewith or incidental thereto. Be it enacted by 
the Madhya
Pradesh Legislature in the Fifty-first year of the 
Republic of India as
follows :-- 1 Received the assent of the 
Governor on 4th December,
2000; assent first published in the 
"Madhya Pradesh Gazette
(Extra-ordinary)" dated the 12th December, 
2000.
1.
 
Short Title And Commencement
 :-
(1) This Act may be 
called the Madhya Pradesh Sarvajanik
Upakramon Ke Karmachariyon Ka 
Lok Seva Me Samviliyan
Pratishedh Adhiniyam, 2000.
(2) It shall 
come into force on such date as the State Government
may, by 
notification, appoint.
2.
 
Definitions
 :-
In this Act, unless the context otherwise 
requires,--
1[(a)] "Public Sector Undertaking" means and includes 
any
establishment of:--
(i) a Corporation or Undertaking wholly 
owned or controlled by the
State Government;
(ii) a body 
established under any law made by the Parliament or
Legislature of 
the State, whether incorporated or not, including a
University; and;
(iii) 
any other body established by the State Government or by a
Society 
registered under any law relating to the registration of
societies 
for the time being in force, and receiving funds from the
State 
Government either wholly or partly for its maintenance or any
educational institution whether registered or not but receiving aid
from the State Government.
2[(b) "Absorption" means appointment 
of a person employed in a
Public Sector Undertaking into Public 
Service or on any post, except
through the process of appointment by 
direct recruitment;
(c) "Direct Recruitment" means recruitment as 
provided for in the
relevant Service Rules.]
1 Re-numbered by 
M.P. Act No. 20 of 2003.
2 Inserted by M.P. Act No. 20 of 2003.
3.
 
Prohibition Of Absorption Into Public Service
 :-
1[(i)] 
Notwithstanding anything contained in any contract or
agreement or 
any judgment, decree or order of any Court, Tribunal
or any other 
Authority or any order or proceedings of the State
Government, or 
any officer of the State Government, no employee
of a Public Sector 
Undertaking shall be or be deemed to be entitled
to absorption into 
public service from the date of commencement of
this Act and 
accordingly :--
(a) no suit, or other proceeding shall be 
instituted, maintained or
continued in any Court, Tribunal or any 
other Authority against the
State Government or any person or other 
Authority whosoever for
such appointment or absorption into public 
service; and
(b) no Court or Tribunal shall enforce any decree or 
other order
directing such appointment or absorption.
2[(ii) An 
employee who was earlier in the service of a Public Sector
Undertaking and who has availed of Voluntary Retirement Scheme
referred to in Section 4, shall be debarred from absorption, in any
manner whatsoever, into Public Service, notwithstanding, that he is
eligible for appointment to such post in every respect or otherwise :
Provided 
that the Government shall have an option, in exceptional
cases to 
consider any employee of a Public Sector Undertaking
having 
outstanding merit and qualifications for absorption in Public
Service, if such employee has not availed of Voluntary Retirement
Scheme.]
Explanation :-- For the purpose of this Section, the 
expression
Public Service means, services whether on regular salary, 
wages,
retainer or remuneration or on contract of any kind for any 
duration
in any establishment of,-
(i) the State Government;
(ii) 
a Local Authority;
(iii) a Corporation or undertaking wholly 
owned or controlled by the
State Government;
(iv) a body 
established under any law made by the Legislature of
the State 
whether incorporated or not, including a University.
3[x x x]
1 
Re-numbered by M.P. Act No. 20 of 2003.
2 Inserted by M.P. Act 
No. 20 of 2003.
3 Omitted by M.P. Act No. 20 of 2003.
4.
 
Scheme Of Voluntary Retirement
 :-
Nothing in this Act 
shall disentitle any such employee to the
benefits of any scheme of 
voluntary retirement under the relevant
orders issued by the State 
Government from time to time.

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