18th February, 1998

No.S.O. V (LG) 1-30/81, dated 18-12-199.7. -In exercise of the powers conferred upon him under section 43 read with section 167 of the Punjab Local Government Ordinance, 1979, the Governor of the Punjab is pleased to make the following Rules, namely:

1. Short title and commencement.

I) These rules may be called the Punjab Local Councils Servants (Service) Rules, 1997.

2) They shall come into force at once

2. Constitution of the Service„

1) For every Local Council, there shall be a service to be known by the name of the Local Council concerned.

2) The service shall consist of such cadres, classes and grades, and each cadre, class, and grade of service shall consist of such number of posts as may be specified by the Local Council concerned with the approval of the Government.

3) Members of one cadre of service shall not be appointed to a post borne on any other cadre of the service

3. Transfer.

1).Members of the service shall be liable to transfer to any post under the Local Council included in the grade or class to which the member belongs.

2) Servants of Local Councils may be transferred from one Local Council to another Local Council to an equal post, grade or cadre on their own a request and in such a case they will be placed at the bottom of the Seniority List of the relevant service of the Local Council to which they are transferred.

4. Appointing Authority. Selection and appointments to the various posts in the service shall be made by the Authority specified in this behalf in the Punjab Local Councils (Business) Rules, 1980.

5. Absorption in the service.

1) All employees other than ad hoc or those employed on contract who were in the service of a Local Council immediately before the coming into force of these rules shall stand absorbed in the service of such Local Council in the class and grade corresponding to the posts held by them immediately- before the coming into force of these rules.

2) If there be any doubt as to the class or grade of service to which a person in the service of a Local Council stands absorbed under this rule, the matter shall be referred to the Local Council, whose decision thereon shall be final.

6. Method of recruitment:.

1) Vacancies in the different classes .and grades of a service shall be filled by:

a) Initial recruitment; or
b) Transfer from one Local Council to another Local Council; or
c) By promotion on the basis of seniority subject to fitness from amongst the members of the service in the next below grade or class; or
d) Selection on merit from amongst members of the service in the next below grade or class, seniority being considered in the case of officials of practically the same standard of merit’

2) The Local Council shall determine by which of the methods specified in sub-rule (1) the vacancies in various posts shall be filled.

7. Age. No person shall be appointed to the service by initial recruitment, who is less than eighteen years or more than twenty-five years of age:-

a) Where recruitment is to be made on the basis of a written examination, on the 1st of January of the year in which the examination is proposed to be held; and

b) In other cases, on the last date fixed for submission of applications for appointment:
Provided that——-

i) In the case of a person whose services under Government have been terminated for want of a vacancy, the period of service already rendered by him shall, for the purpose of the upper age limit under this rule, be excluded from his age;
ii) In the case of ex-defence personnel, the interval between the date of their release from the Defence Forces of Pakistan, including the Mujahid Force, and the date of re-employment in a Civil Department, subject to a maximum of seven years and the whole of the period of service rendered by them in such Forces shall, for the purpose of upper age limit under this rule, be excluded from their age; and ‘
iii) in case of an employee of Government or a body owned or controlled by the Government, the period spent in the service shall be excluded for the purposes of the upper age limit.

8. Nationality. No person shall be eligible for appointment to a service who —

a) is not a citizen of Pakistan; unless he is at the time of such appointment already in the service of Pakistan, or

b) has married a foreign national provided that the restrictions imposed under this clause may be relaxed by Government in the case of a person who has married a citizen of India.

9. Qualifications.

1) No ‘person shall be appointed to a service by initial recruitment or by transfer unless he possesses such qualifications as are prescribed by Government provided that the qualifications prescribed for an existing post in Local Council under any rules applicable to such Local Council immediately before the coming into force of these rules shall continue to be in force until altered or modified by Government.

2) No person, not already in the service of Government or a Local Council, shall be appointed to the service unless he produces a certificate of character from the principal academic officer of the academic institution last attended and also certificates of character from two other responsible persons not being his relatives who are well-acquainted with his character and antecedents.

10. Probation.

1) A person appointed to the service against a substantive vacancy shall remain on probation for a period of two years if appointed by initial recruitment, and for a period of one year, if appointed otherwise—
Explanations:
Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to count towards the period of probation.

2) If the work or conduct of a member of a service during the period of probation has, in the opinion of the appointing authority not been satisfactory, the appointing authority may, notwithstanding that the period of probation has not expired, dispense with his services, if he has been appointed by initial recruitment, and if he has been appointed otherwise, revert him to his former post, or if there be no such post, dispense with his services.

3) On completion of the period of probation of a member of the service the appointing authority may, subject to the provisions of sub-rule (4), confirm him in his appointment, or if his work or conduct has, in the opinion of the appointing authority, not been satisfactory,

a) In case he has been appointed by initial recruitment dispense with his services; or
b) In case he has been appointed otherwise, revert him to his former post, and if there be no such post, dispense with his service; or ‘
c) Extend the period of his probation by a period not exceeding two years in all, and during or on the expiry of such period, pass such orders as it should have passed during or on the expiry of the initial probationary period.
Explanation 1:
If no orders have been made by the day following the completion of the initial probationary period the period of probation shall be deemed to have been extended.
Explanation II:
If no orders have been made by the day on which the maximum period of probation expires, the probationer shall be deemed to have been confirmed in his appointment.
Explanation III:
A probationer who has satisfactorily completed his period of probation shall be confirmed with effect from the date of his continuous appointment in the service in a substantive vacancy provided that where the period of his probation has been extended under the provisions of clause (c) of this sub-rule, the date of confirmation shall, subject to the other provisions of this rule, be the date on which the period of probation was last extended.

4) No person shall be confirmed in a service unless he successfully completes such training and passes such departmental examinations as may be prescribed by Government from time to time.
5) If a member of the service fails to complete successfully any training or pass any departmental examination prescribed under sub-rule (4), within such period or in such number of attempts as may be prescribed by Government, the appointing authority may:

a) In case he has been appointed by initial recruitment, dispense with his services; and
b) In. case he has been appointed otherwise, revert him to his former post, or if there be no such post, dispense with his services.

11. Seniority.

I) The seniority inter se of the members of a service in the various classes and grades thereof shall be determined:

a) In the case of members appointed by initial recruitment, in accordance with the order of merit assigned by the Service Board provided that persons selected for the service in an earlier selection shall rank senior to the persons selected in a later selection: and
b) In the case of members appointed otherwise, with reference to the dates of their continuous appointment therein; provided that if the date of continuous appointment in the case of two or more members is the same, the older official, if not junior to the younger official or officials in the next below grade, shall rank senior to the younger official or officials.
Explanation I:
If a junior official in a lower grade is promoted to a higher grade temporarily in the public interest, even though continuing later permanently in the higher grade, it would not adversely affect the interest of his seniors in the fixation of his seniority in the higher grade.
Explanation II:
A junior official appointed to a higher grade shall be deemed to have superseded a senior official only if both the junior and the senior officials were considered for the higher grade and the junior official was appointed in preference to the senior official.

2) Subject to the provisions of sub-rule (3), the seniority in the various classes and grades of a service of the members appointed thereto by initial recruitment vis-a-vis those appointed otherwise shall be determined:

a) In case both the officials appointed by initial recruitment and the official appointed otherwise have been appointed against substantive vacancies, or both have been appointed against, temporary vacancies with reference to the date of appointment to such vacancy in the case of the official appointed by initial recruitment and to the date of continuous appointment against such vacancy in the case of the official appointed otherwise, provided that if the two dates are the same, the official appointed otherwise shall rank senior to the official appointed by initial recruitment;
b) In case both the officials appointed by initial recruitment have been appointed against a substantive vacancy and the official appointed otherwise has been appointed against a temporary vacancy, the official appointed by initial recruitment shall rank senior to the official appointed otherwise; and
c) In case the officials appointed otherwise is appointed against a substantive vacancy and the officials appointed by initial recruitment is appointed against a temporary vacancy, the official appointed otherwise shall rank senior to the official appointed by initial recruitment.

3) Nothing in this rule shall be construed to affect in any way the inter se seniority determined before the coming into force of these rules in accordance with the rules then in force of the persons absorbed in the service under rule 5.

12. Right of Appeal.

I) A member of the service, aggrieved by an order passed against him under these rules, shall have a right to file an appeal before the Commissioner concerned in case of a Metropolitan Corporation, a Metropolitan Corporation and Zila Council, and the Deputy Commissioner concerned; in the case of a Municipal Committee and a Town Committee, within sixty days, against the order passed by the Corporation/Zila Council/Municipal Committee/Town Committee of its Mayor/Chairman or any other officer of the Local Council concerned.

2) o second appeal shall lie but a revision petition can be made to the Government within 30 days from the date of appellate order whereupon Government may pass such orders as it may deem fit.

13 Relaxation. Any of these rules may, for reasons to be recorded in writing, be relaxed in an individual case, without prejudicing the right of any other individual if Government is satisfied that strict application of such rule would cause hardship to the individual concerned, provided the individual holds the proper academic qualifications prescribed for the post.

14. Repeal. The West Pakistan Municipal Committees Servants Service Rules, 1969 are hereby repealed writing, be relaxed in an individual case, without prejudicing the right of any other individual if Government is satisfied that strict application of such rule would cause hardship to the individual concerned, provided the individual holds the proper academic qualifications prescribed for the post.

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