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[Cites 0, Cited by 2] [Section 38] [Entire Act]

State of Punjab - Subsection

Section 38(6) in Punjab Municipal Act, 1911

(6)Every person, who, immediately before the issue of a notification under sub-section (1), is serving in a committee on a post in relation to which a Municipal Service is constituted, shall, on the issue of such notification, become a member of the corresponding Municipal 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 qualification and service record :Provided that his terms and conditions of service in so far as they relate to remuneration, gratuity and provident fund shall not be varied to his dis-advantage on his becoming a member of the Municipal Service :Provided further that any such person may, by notice in writing given to the State Government, within a period of thirty days of the constitution of the Municipal Service, intimate his intention of not becoming a member of such Service and where such an intimation is given that person will not become a member of the corresponding Municipal Service and will continue to be governed by the same terms and conditions of service as were applicable to him immediately before the constitution of the Municipal Service.[(6-A). In the case of a person who is not found fit under sub section 6 for becoming a member of the corresponding Municipal Service the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Municipal (Second Amendment) Act, 1976, if the decision that he is not so fit was taken at any time before such commencement and in the case of others as and when such a decision is taken :Provided that the Government may appoint such a person, with his consent on a post in any other Municipal Service to which he may be found suitable.]