|
THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
|
|
Corporation Officers and other Corporation
Employees
|
|
71. Posts in Corporation
and appointments thereto. -
(1) The Government may, by notification, constitute in the prescribed
manner, all or any of the following Corporation Services. namely:
(i) Punjab Service of Corporation Engineers
and Sectional Officers;
(ii) Punjab Service of Corporation Health Officers;
(iii) Punjab Service of Corporation Secretaries;
(iv) Punjab Service of Corporation Accounts Officers and Accountants;
and
(v) Such other Corporation Service as the Government may decide.
(2) The Government may make rules for regulating
the recruitment and the conditions of service of members of the Corporation
Services referred to in sub-section ( 1 ), and the classification
of such services and for the duties and functions of the members of
such services.
(3) The Government may transfer any member of a Corporation Service
from a post in one Corporation to a post carrying the same scale of
pay in another Corporation.
(4) The salary, allowances, gratuity, annuity, pension and other payments
required to be made to the members of the Corporation Services in
accordance with the conditions of their service shall be charged from
the Corporation Fund in the prescribed manner.
(5) Creation of posts in a Corporation Service and appointment of
members thereto shall be made by the Government or by an authority
empowered by the Government in this behalf after taking into consideration
the requirements of the Corporation and their financial capacity but
no such member shall be deemed to have been appointed to any civil
service or post under the State.
(6) Every person who, immediately before the issue of a notification
under sub-section [ 1), is serving in a City on a post in relation
to which a Corporation service Is constituted shall on the issue of
such notification become a member of the corresponding Corporation
Service if he is found fit by an authority appointed by the Government
in this behalf for becoming such a member on the basis of his qualifications
and service record and if he is not found fit the post on which he
is serving shall be deemed to have been abolished:
Provided that the condition regarding determination of fitness for
becoming a member of a Corporation Service shall not apply to a person
who was found to be fit for becoming a member of the corresponding
Municipal Service constituted under section 38 of the Punjab Municipal
Act, 1911, or was recruited thereto at any time thereafter:Provided
further that the terms and conditions of service of a person who becomes
a member of a Corporation Service In the manner referred to
above, In so far as they relate to remuneration, gratuity and provident
fund shall not be varied to his disadvantage on his becorning a member
of the Corporation Service.
(7) In respect of a post other than those falling under sub-section
(1) the power to create the same and to make appointment thereto shall
vest, in the Commissioner if the maximum of the grade of that post
does not exceed five. hundred rupees and in the Corporation if it
so. exceeds:
Provided that no post the maximum of the grade whereof exceeds one
thousand rupees shall be created under this sub-section save with
the prior approval of the Government.
{8) Notwithstanding anything contained in any other law for the time
being in force in consultation with the Punjab Public Service Commission
shall not be necessary in the case of appointment to any post referred
to in this section but appointment to any such post in Initial pay
whereof exceeds the prescribed limit shall be made on the recommendation
of a selection committee constituted by the Government in that behalf
and where the appointing authority does not agree with the recommendation
of the selection Committee the matter shall be referred to the
Government for decision.
{9) In making an appointment to any post referred to In this section,
the appointing authority shall follow the instructions issued by the
Government from time to time In relation to reservation of appointments
or. posts for Scheduled Castes, Backward Classes and any other special
category of persons.
72. Officers and other employees not to undertake
any extraneous work. - No Corporation officer or other
Corporation employee shall undertake any work unconnected with duties
under this Act except with the
permission of the Corporation.
73. Officers and other employees not to be
interested in any contract, etc. with Corporation. (1)
A person shall be disqualified for being appointed as a Corporation
officer or employee if he has, directly or indirectly, by himself
or by a partner or any other person any share or Interest In any contract
made with, or any work being done for, the Corporation, other than
as such officer or employee.
{2) If any such officer or other employee acquires, directly or Indirectly
by himself or by a partner or any other person, any share or interest
In any such contract or work as is referred to In sub-section {1),
he shall, unless the authority appointing him In any particular case
otherwise decides, be liable to be removed from his office by an order
of such authority:
Provided that before an order of removal is made, such officer or
other employee shall be given a reasonable opportunity of showing
cause against the action proposed to be taken in regard to him.
74. Punishment of Corporation officers and
other employees. - (1) Every Corporation officer or other
Corporation employees, other than those referred to in sub-section
(1) of sub-section 71, shall be liable to have his increments or promotion
withheld or to be censured, reduced in rank, compulsorily retired,
removed or dismissed for breach of any departmental regulations or
of discipline or for carelessness, unfitness, neglect of duty or other
misconduct by such authority as may be prescribed by regulations:
Provided that no such officer or other employee as aforesaid shall
be reduced in rank, compulsorily retired, removed or dismissed by
authority subordinate to that by which he was appointed:
Provided further that the Corporation may by regulations provide that
Corporation employees belonging to such classes or categories as may
be specified id the regulations shall be liable also to be fined by
such authority as may be specified therein.
(2) No such officer or other employee shah be punished under Sub-section
(1) unless he has been given a reasonable opportunity of showing cause
against the action proposed to be taken in regard to him:
Provided that this sub-section shall not apply
(a)where an officer or other employee
is removed or dismissed on the ground of conduct which has led to
his conviction on a criminal charge or
(b) where the authority empowered to remove or dismiss such officer
or other employee is satisfied that for some reason to be recorded
by that authority, it is not reasonably practicable to give that
person an opportunity of showing cause.
(3) If any question arises whether it is.
reasonably practicable to give to any officer or other employee an
opportunity of showing cause under sub-section (2), the decision thereon
of the authority empowered to remove or dismiss such officer or other
employee shall be final.
(4) An officer or other employee upon whom a punishment has been inflicted
under this section may appeal to such officer or authority as may
be prescribed by regulations.
75. Power of Corporation to make regulations.
- The Corporation may make regulations to provide for any one
more of the following matters, namely:-
(a)the tenure of office, salaries and allowances, provident funds,
pensions, gratuities, leave of absence and other conditions of service
of officers and other employees appointed under this Chapter, other
than those referred to in sub-section (1) of section 7 l;
(b)the qualifications of candidates for appointment to posts specified
in sub-section (7) of section 71;
(c)the procedure to be followed in imposing any penalty under subsection
( 1 ) of section 74, suspension pending departmental inquiry before
the imposition of such penalty and the authority by whom such suspension
may be ordered; the officer or authority to whom an appeal shall be
under sub- section (4) of that section;
(d) any other matter which is incidental to, or necessary for
the purpose of regulating the appointment and conditions of service
of persons appointed to services and posts under the Corporation and
any other matter for which in the opinion of the corporation provisions
should be made by regulations: |
| |
 |
| |
|
|
| |
|
| |
|
|
|
