Section 47A in The Gujarat Municipalities Act, 1963
47A. Constitution of Municipal Services.
(1)If, the State Government, is of the opinion that it is necessary and expedient so to do for bringing about a uniform and a more efficient service of officers in municipalities for the purpose of carrying out the functions and duties under this Act, it may, notwithstanding anything contained in this Act, by notifications in the Official Gazette-(a)constitute in respect of all municipalities in municipal boroughs having population of such number as may be specified in the notification a municipal service or services (to be called by such designation as may be specified in the notification of-(i)Chief Officers of such municipalities, and(ii)all or any other officers referred to in sub-section (2) of section 47;(b)direct from time to time that each such municipal service shall consist of such classes, cadres and posts (including grades of posts); and(c)specify the initial strength of officers in each such class or cadre.(2)The State Government may make rules for,-(a)regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption in municipal service constituted under this section, or otherwise, of persons already working under any municipality;(b)providing for terminal benefits such as compensation, pension or gratuity or the like, to persons who elect not to be absorbed in any such service or who elect to retire; and(c)the conditions of service of persons appointed to, or absorbed to such municipal services:Provided that the conditions of service of any person absorbed in any such service shall not be less advantageous than those applicable to him immediately before such absorption.(3)The provisions of section 48 shall cease to apply to persons appointed to or absorbed in such municipal services constituted under this section:Provided that, such cessor shall not, in relation to persons absorbed, in any such service, affect the previous operation of section 48 in respect of anything done or omitted to be done before such absorption.(4)Notwithstanding anything contained in sub-section (4) of section 47, the power to appoint officers of any municipal service constituted under this section including promotions, transfers, and powers in relation to all matters regarding their conditions of service shall vest in the State Government.(5)The officers included in any municipal service constituted under this section shall be the servants of the State Government; but they shall draw their salaries and allowances directly from the municipal fund.(6)There shall be paid every year out of the municipal fund to the State Government such cost as the State Government may determine on account of pension, leave and allowances other than those drawn from the municipal fund under sub-section (5) of the officers belonging to any of municipal services constituted under this section and all the expenses incurred by the State Government for administering the municipal service or services constituted under this section. If any municipality fails to pay such cost and expenses or the salaries and allowances of such officers within the period prescribed in this behalf, then the provision of sub-section (3) of section 262 shall apply to the payment of such cost and expenses or the salaries and allowances of such officers as they apply in relation to the payment of the expense and remuneration not paid under that section.
