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State of Punjab - Section

Section 108 in The Punjab Municipal Act, 1999

108. Constitution of Municipal Services.

(1)Notwithstanding anything contained in this Act, the Government may, by notification, constitute in such manner, as may be prescribed, all or any one of the following Municipal Services for the Municipalities; namely :-
(a)the Punjab Municipal Service of Assistant Commissioners and Deputy Directors;
(b)the Punjab Municipal Service of Executive Officers;
(c)the Punjab Municipal Accounts Service;
(d)the Punjab Municipal Service of Engineers;
(e)the Punjab Municipal Service of Town Planners;
(f)the Punjab Municipal Service of Architects;
(g)the Punjab Municipal Service of Draughtsmen;
(h)the Punjab Municipal Health Service;
(i)the Punjab Municipal Sanitary Service;
(j)the Punjab Municipal Fire Service;
(k)the Punjab Municipal Ministerial Service;
(l)the Punjab Municipal Legal Service; and
(m)such other Municipal Services, as the Government may decide.
(2)The Government may make rules for regulating the method of recruitment, the qualifications required for recruitment, the conditions of services, including conduct, discipline and control of the members of the Municipal Services referred to in sub-section (1), the duties and functions of the members of such services and for the classification of such Service into Class I, Class II and Class III on the basis of duties and responsibilities, and scales of pay of the posts, constituting the services.
(3)The Government may transfer any member of a Municipal Service from a post in one Municipality to a post in another Municipality:Provided that where a member of a Municipal Service is transferred from one Municipality to another Municipality, his conditions of service in so far as they relate to remuneration, gratuity and provident fund, shall not be varied to his disadvantage.
(4)The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Municipal Services in accordance with the conditions of their service, shall be charged from the Municipal Fund of the Municipality in the prescribed manner.
(5)The creation or abolition of posts in a Municipal Service and the appointment of members thereto, shall be made by the Government after taking into consideration the requirements of the Municipalities 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), was serving in a Municipality on any post in relation to which a Municipal Service is constituted under sub-section (1), shall, on the issue of such notification, become a member of the corresponding Municipal Service constituted under sub-section (1):Provided that the terms and conditions of service of a person who becomes a member of the Municipal Service in the manner referred to in this sub-section, in so far as they relate to remuneration, gratuity and provident fund, shall not be varied to his disadvantage on his becoming a member of the Municipal Service.
(7)Notwithstanding anything contained in the foregoing provisions of this section:
(a)any of the Municipal Services constituted under the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), and the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976), and existing on the date of coming into force of this Act, shall be deemed to be a service constituted under this Act, till a corresponding Service is constituted under sub-section (1);
(b)the rules made under the Punjab Municipal Act, 1911 (Punjab Act 3 of 1911), or under the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976), as the case may be for regulating the recruitment and conditions of service of members of the Municipal Services in force immediately before the coming into force of this Act, shall in so far as they are applicable and are consistent with the provisions of this Act, be deemed to be rules made under this Act, until they are modified; and
(c)the terms of conditions of service of the members of such Services determined by or under such law, shall continue to be applicable to such members until they are modified by the Government.
(8)The Government may, if thinks it necessary so to do in the public interest, -
(a)merge any two or more of such Services into one; or
(b)divide any of such Services into two or more Services; or
(c)abolish any of the Services referred to in sub-section (1).
(9)Notwithstanding anything contained in any other law for the time being in force, consultation with the Punjab Service Commission shall not be necessary in the case of appointment to any post referred to in this section.Subordinate Employees