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State of Punjab - Section

Section 448 in The Punjab Municipal Act, 1999

448. Transfer of services of existing employees of the Improvement Trust to Municipalities.

(1)Every whole-time employee working in any Improvement Trust, whether as a member of a Trust Service constituted under section 17 of the Punjab Town Improvement Act, 1922 (Punjab Act IV of 1922), or otherwise shall, on and from the appointed day, become a member of the corresponding Municipal Service or employee of the concerned Municipality, as the case may be, and shall hold his office therein by the same tenure and upon the same terms and conditions and with the same rights and privileges as to gratuity, if any, and other matters, as he would have held on the appointed day, if this Act had not come into force, and shall continue to do so unless and until his remuneration, terms and conditions, are duly altered by the Government or by the concerned Municipality with the previous approval of the Government, as the case may be.
(2)Notwithstanding anything contained in sub-section (1), where any employee working in an Improvement Trust by notice in writing given to the Government or to the concerned Municipality, whichever is the appointing Authority, at any time before the expiry of three months, next following the appointed day, has intimated his intention of not becoming a member of the corresponding Municipal Service or employee of such Municipality as the case may be, he shall cease to be member of the concerned Municipality on the expiry of the notice period and be entitled to get such gratuity, provident fund and other retirement benefits, as were admissible to him immediately before the appointed day.
(3)If any question arises as to whether any person was a whole-time member of a Trust Service, or an employee of the Improvement Trust immediately before the appointed day, the question shall be referred to the Government, whose decision shall be final.
(4)Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Act 14 of 1947), or in any other law for the time being in force, the transfer of services of any employee working in an Improvement Trust referred to in sub- section (1) shall not entitle any such employee to any compensation under that Act, or any other law, and no such claim shall be entertained by any Court, Tribunal or any other authority.