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State of Punjab - Section

Section 71 in The Punjab Municipal Corporation Act, 1976

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 becoming 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.