[Gazette of Pakistan, Extraordinary, Part I, 3rd August, 2005]
No. SOR(LG)38-6/05, dated 30-7-2005 in exercise of the powers conferred upon him under section 140-A read with section 191 of the Punjab Local Government ordinance, 2001 (XIII of 2001), the Governor of the Punjab is pleased to make the following rules;
1. Short title and commencement, -(1) These rules may be called the Punjab Local Governments District Service (Tehsil/town municipal Administration Cadre) Rules, 2005.
(2) They shall come into force at once.
2. Definition, -(1) in these rules unless there is any thing repugnant in the subject or context;
(a) “Appointing Authority” means the authority specified in column 5 of the Table;
(b) “Department” means the Local Government and Rural Development Department, Government of Punjab;
(c) “Functional Unit” means a group of posts or a part of such group sanctioned as separate unit;
(d) “Board” means the Punjab local government board, constituted under the Punjab local Government Ordinance, 1979
(e) “Government” means the Government of the Punjab;
(f) “Basic Scale” means Basic Scale of pay as notified by the Government;
(g) “Initial Recruitment” means appointment other than by promotion or transfer/posting on the basis of examination to be conducted by the board after advertisement of the vacancies in newspapers;
(h) “Post” means a post specified in Column 4 of the Table; and
(i) “Table” means the table appended to these rules.
(2) Words and expressions used herein but not defined shall have the same meanings as are assigned to them in the appropriate law.
3. Establishment and composition of the service.-(1) There shall be established a service for the Tehsil/Town Municipal Administrations to be called the Punjab local governments District Service (Tehsil/Town Municipal Administration Cadre).
(2) The Service shall consist of the following Functional Units;
(i) The Administrative Functional Unit.
(ii) The Finance/Accounts Functional Unit.
(iii) The Engineering Functional Unit.
(iv) The Planning Functional Unit.
(3) On coming into force of these rules, all the members of the Local Council Service, employees of Local Government and Rural Development Department and Housing, Urban Development and Public Health Engineering Departments shall become eligible for posting and transfer in the Service in accordance with the share to be determined by the Government, in the corresponding basic scale of the same Functional unit, Lien/Seniority matters of such members/employees shall be maintain in their said parent departments and service respectively.
(4) Officers and officials of one Functional unit shall not be eligible for appointment to a post in any other Functional Unit.
4. Appointment to the Service. -(1) Appointment to a post in the Service shall be made by initial Recruitment, promotion and transfer / posting by the Appointing Authority in respect of the post mentioned in column 4 in the manner specified in column 7 of the Table.
(2) Appointment by initial recruitment shall be made in accordance with rule 5 and appointment by promotion and transfer/posting in accordance with rule6.
5. Initial Recruitment. -(1) Initial Recruitment to the Post shall be made by the department on the bases of the result of the examination and interview conducted by the Board. The Board shall follow the selection criteria for appointment as may be notified by the Services and General Administration Department of the Government.
(2) (i) A candidate for initial recruitment to a post must possess the educational qualifications and experience as laid down respectively in column 6 of the Table.
(ii) Age for initial recruitment shall be between 21 years to 28 years.
(iii) In a case where the recruitment is to be made on the bas3es of written examination, the age shall be reckoned on the last date of submission of applications for the post, given in the advertisement.
(3) No person shall be appointed to the Service unless he is citizen of Pakistan and is a resident of the Province of the Punjab;
Provided that a post falling in any Functional Unit of the service in BS-14 shall be filled from amongst the bona fide residents of the concerned District.
6. Appointment by promotion, -(1) A member of the service shall be eligible to be considered for appointment by promotion to a post reserved for promotion in a manner as may be prescribed;
Provided that the posts reserved in various Functional Units for appointment by transfer/posting shall be utilized for the promotion of members of the respective Functional Unit against their quota, as may be determined by the Government from time to time.
(2) Promotion including pro forma promotion shall not be claimed by any member of the Service as of right.
(3) Promotion shall be granted with immediate effect and be actualized from the date off assumption of charge of the higher post, and shall in no case be granted from the date of availability of post reserved for promotion.
(4) A member of the Service shall not be entitled to promotion from an earlier date except in the case of pro forma promotion.
(5) A retired member of the service shall not be eligible for grant of promotion but may be considered for grant of pro forma promotion as may be prescribed by the Services and General Administration Department of the Government.
(6) Appointment by promotion shall be made on the recommendations of the Board.
7. Appointments by transfer/posting. -Appointments by transfer/posting may be made from amongst persons holding appointments in the Government in provincial management service, APUG, service departments and services mentioned in rule 3(3), in the same grade as that of the post to which appointment is to be made, subject to the persons fulfilling the conditions of appointment to the post concerned and the share of above service in the Functional Units as may be determined by the Government, from time to time.
8. Confirmation and Termination. -(1) No person shall be confirmed in the Service unless he successfully completes such training and passes such departmental examination as may be specified by the Department.
(2) If a member of the Service fails to complete successfully any training or pass the departmental examination specified under sub-rule (1) within such period or in such number of attempts as may be fixed by the Department, the Appointing Authority may;
(a) In case of initial Recruitment, terminate his services; and
(b) In case of appointment by promotion, revert him to his former post, or if there be no such post, terminate his services.
(3) The service of a member of the service may be terminated without notice during the initial or extended period of his probation;
Provided that, where such a member is appointed by promotion or , as the case may be is transferred from one Basic Scale, Functional Units or post to another Basic scale, Functional unit or post, his ser vices shall not be terminated so long as he holds a lien against his former post, Basic Scale or Functional Unit.
(4) In the event of a post being abolished or a number of posts in a functional unit or basic scale is reduced due to the exigencies of service, or decision of competent court, the services of the most junior person in such functional unit or basic scale shall be terminated.
9. Probation. -(1) (a) A person appointed to a post in a basic scale against a substantive vacancy shall remain on probation for a period of two years, if appointed by initial recruitment, and for one year if appointed by promotion.
(b) The Appointing Authority may extend the period of probation by a further period not exceeding two years in case of initial recruitment and one year in case of appointment by promotion.
(c) Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to be counted towards period of probations.
(2) If no order is passed by the day following the completion of the initial probationary period, in case of initial recruitment, the period of probation shall be deemed to have been extended for another two years and in case of appointment by promotion, for another one year.
(3) Subject to rule 8, if no order is passed by the day in which the maximum period of probation expires the probationer shall be deemed to have been confirmed in the appointment from the date on which the period of probation was last extended or may be deemed to have been so extended.
(4) A probationer who has satisfactorily completed his period of probation against a substantive vacancy shall be confirmed with effect from the date of his continuous appointment in such a vacancy.
Provided that where the period of his probation has been extended under the provision sob sub-rule (1) of this 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.
10. Seniority, -(1) The seniority inter se of persons appointed to posts in the same Basic Scale in a Functional Unit shall be determined.
(a) In the case of persons appointed by Initial Recruitment, in accordance with the order of merit assigned by the Board.
(b) In the case of persons appointed by promotion, with reference to the dates of their continuous appointments in the Basic Scale: Provided that if the date of continuous appointment in the case of two or more persons appointed to the Basic Scale is the same, the elder if not junior to the younger in the next below Basic Scale, shall rank senior to the younger person.
Explanation – I – – If a person junior in a lower Basic |Scale is promoted to higher Basic Scale by superseding his senior and subsequently the latter is also promoted, the promoted first shall rank senior to the one promoted subsequently.
Explanation – II – – A junior appointed to a higher Basic Scale shall be deemed to have superseded his senior only If both the junior and the senior were considered for the higher Basic Scale and the junior was appointed in preference to the senior.
(2) The seniority of the person’s appointed by Initial Recruitment to the Basic Scale vis-à-vis those appointed by promotion shall be determined with reference to the date of continuous appointment to the Basic Scale:
Provided that if two dates are the same, the person appointed by promotion than by initial recruitment shall rank senior to the person appointed by initial recruitment: Provided further that inter se seniority of persons belonging to the same category shall not be altered.
Explanation. -IN case a group of persons is selected for initial appointment at on time, the earliest date on which any one out of the group joined the Service shall be deemed to be the date of appointment of all persons in the group.
(3) Notwithstanding the provisions of this rule, the seniority list already prepared in accordance with the rules applicable immediately before the commencement of these rules shall be construed as seniority list for promotions of persons in their parent departments/services
11. Posting and transfers. -Every member of the service shall be liable to serve anywhere in the province, in any department, local authority or statutory body set up or established by the Government.
Provided that if he is required to serve in a post outside his Functional Unit, his terms and conditions of service as to his pay shall not be less favorable than those to which he would have been entitled if he had not been so required to serve.
12. Reversion. -A member of the Service appointed to a higher post or Basic Scale on officiating basis or current charge basis shall be liable to reversion to his lower post or Basic Scale without notice.
13. Retirement. -(1) A member of the Service shall retire;
(a) On such date, after he has completed twenty years service, as the Appointing Authority may, in public interest, direct, or
(b) Where no direction is given under clause (a), on completion of 60th year of his age.
(2) A retired member of the Service;
(i) (Shall not be re-employed in the service);
(3) A member of the Service during leave preparatory to retirement may seek private employment with the approval of the appointing authority.
14. Remuneration. -(1) Members of the service shall be paid remunerations and allowances as may be determined by the Government which may be adopted by the Board. In addition to these remunerations and allowances he will get 30% of basic salary in lieu of pension per month.
(2) A member of the Service shall draw his pay and other allowances from the Tehsil/Town Municipal Administration under which he has served during the period for which the pay and allowances are claimed.
15. Pension and gratuity. -(1) Members of the Service on retirement shall not be entitled to any pension or gratuity.
(2) Where a member of the Service was Government servant or member of LCS at the time of enforcement of these rules, he shall be entitled to receive his pension from the parent department/Board.
(3) The Board with the approval of Department shall recover the leave salary and pension contribution of the member of the erstwhile Local Council Service from the Tehsil/Town Municipal Administrations and other institution under which they have served, and transfer the same to the parent department.
16. Group insurance, -A member of the service shall be entitled to the benefits admissible under the Punjab local councils and municipal bodies employees group insurance (contract) Rules, 1974 or any other law for the time being in force. The persons transferred/posted in the service from the departments and the service mentioned in rule 3(3) shall be governed by the respective rules concerning group insurance scheme applicable to them prior to transfer/posting in the service.
17. Leave, -(1) Subject to such modification as may be specified by the Government, the Punjab revised leave rules, 1981 as amended from time to time, shall, mutatis mutandis, be applicable to the members of the Service.
(2) Where a member of the Service proceeds on leave, he shall claim his leave salary from, the Tehsil/Town municipal Administration under which he was serving at the time of proceeding on leave; Provided that the amount of salary paid during leave shall be deducted by the concerned Tehsil/Town Municipal Administration from the amount of contribution of leave salary payable to the Board.
18. Conduct -The conduct of a member of the Service shall be regulated by the Punjab Government Servants (conduct) Rules, 1966 or such other rules as may be applicable to Government servants.
19. Efficiency and Discipline. -A member of the Service shall be liable to such disciplinary action and penalties in accordance with the procedure prescribed by the Punjab removal from service (Special Powers) Ordinance, 2000, or any other law for the time being in force.
20. Right of appeal or representation. -A member of the service aggrieved by an order passed against him under these rules, shall have a right to file an appeal within sixty days of the passing of the order, to the authority next above the authority passing the order and to the Government where the order is passed by the Department.
Provided that no appeal shall lie on mattes relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post or Basic Scale.
21. Delegation of powers, -The Department may delegate its powers under these rules to any of the officer subordinate to it.
22. General, -(1) In all the matters not provided for in these rules and subject to the general directions of the department, members of the service shall be governed by the provisions and procedure as laid down in the Punjab Civil Servants Act, 1974 and the rules framed there under.
(2) The Board shall maintain the service record of all the members of the service. The Government may require Tehsil/Town Municipal Administration to contribute an amount calculated at such rate as may be determined by it towards the expenditure of the board in this regard.
23. Repeal and Saving. -The Punjab Local Council Service (Appointment and Conditions of Service) Rules, 1983 shall stand repealed except in their application to the already retired and existing personnel of Local Councils Service constituted under Punjab Local Government Ordinance, 1979.