Section 16 in The Punjab Town Improvement Act, 1922
16. Trustees and associated members of trust or committee not to take part in proceedings in which they are personally interested.
(1)A trustee who -(i)has, directly or indirectly, by himself or by any partner, employer, or employee, any such share or interest as is described in the proviso to section 10, in respect of any matter, or(ii)has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid,shall not vote or take any other part in any proceedings of the trust or any committee appointed under this Act relating to such matter.(2)If any trustee, or any person associated with the trust under section 13 or any other member of a committee appointed under this Act, has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any improvement scheme framed under this Act, or in any area in which it is imposed to acquire land for any of the purposes of this Act, -(i)he shall, before taking part in any proceeding at a meeting of the trust or any committee appointed under this Act relating to such area, inform the person presiding at the meeting of the nature of such interest;(ii)he shall not vote at any meeting of the trust or any such committee upon any resolution or question relating to such land, and(iii)he shall not take any other part in any proceeding at a meeting of the trust or any such committee relating to such area if the person presiding at the meeting considers it inexpedient that he should do so.[17. Constitution of Trust Services.] [Substituted by Punjab Act No. 18 of 1973.] - (1) Notwithstanding anything contained in this Act, the State Government may, by notification, constitute in the prescribed manner all or any of the following Trust Services, namely :-(i)Punjab Service of Trust-Engineers;(ii)Punjab Service of Trust-Executive Officers;(iii)Punjab Services of Trust-Superintendent (General) and Superintendent (Land);(iv)Punjab Service of Trust-Accounts Officers;(v)such other Trust Services as the State Government may decide.(2)The State Government may make rules for regulating the recruitment and the conditions of service of members of the Trust Services referred to in sub-section (1) and for the classification of such Services.(3)The State Government may transfer any member of a Trust Service from a post in one trust to a post carrying the same scale of pay in another trust.(4)The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Trust Services in accordance with the conditions of their service shall be charged from the funds of the trusts in the prescribed manner.(5)Creation of posts in a Trust Service and appointment of members thereto shall be made by the State Government or by an authority empowered by it in this behalf after taking into consideration the requirements of the trusts 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 Trust on a post in relation to which a Trust Service is constituted, shall, on the issue of such notification, become a member of the corresponding Trust 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 :Provided that his terms and conditions of service insofar as they relate to remuneration, gratuity and provident fund shall not be varied to his disadvantage on his becoming a member of the Trust 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 Trust 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 Trust 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 Trust Service.(6A)[ In the case of a person who is not found fit under sub-section (6) for becoming a member of the corresponding Trust Service, the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Town Improvement (Amendment) Act, 1983, if the decision that he as 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 State Government may appoint such a person with his consent on a post in any Trust service to which he may be found suitable.] [Added by Punjab Act No. 13 of 1983.](7)[ Recruitment of members of the Trust Services referred to in sub-section (1) shall be made by the State Government or by any authority empowered by the State Government in this behalf and nothing contained in the Punjab Public Service Commission (Additional Functions) Act, 1955, shall be deemed to apply to or require consultation with the Punjab Public Service Commission in respect of such recruitment.] [Added by Punjab Act No. 28 of 1975.]
