THE PUNJAB GAZETTE 2018

Government of the Punjab, Law and Parliamentary Affairs Department issued the Punjab Gazette 2018.

No.SOR(LG)38-12/2017.- In exercise of powers conferred under section 144 of the Punjab Local Government Act 2013 (XVIII of 2013) and after previous publication, Governor of the Punjab is pleased to make the following rules:

Short title and commencement.- (1) These rules may be cited as the Punjab Local Government Service (Appointment and Conditions of Service) Rules 2018.
They shall come into force at once.

Definitions.- (1) In the rules:
(a) "Act" means the Punjab Local Government Act 2013 (XVIII of 2013);
(b) "Appointing Authority" means the Authority Specified in column of the Schedule;

(c) "Department" means Local Government Community Development Department of Government;
(d) "Service" means the Local Governments Employees Service established under the rules;
(e) "member" means the member of the Service appointed under the rules and includes a member of the Local Council Service appointed under the Punjab Local Council Service (Appointment and Conditions) Rules, 1983 and an employee of the local government appointed under the Punjab Local Government District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005;
(f)"functional unit" means a group of posts or a part of such group sanctioned as a separate unit;
(g) "Board" means the Punjab Local Government Board, constituted or deemed to have been constituted under the Act;
(h) "basic pay scale" means the basic scale of pay as notified by the Government;
(i) "initial recruitment" means appointment made otherwise than by promotion or transfer;
(j) "post" means a post specified in column 3 of the Schedule;
(k) "rules" means the Punjab Local Government Service (Appointment and Conditions of Service) Rules 2018; and
(l) "Schedule" means the Schedule appended to the rules.

An expression used but not defined in the rules shall have the same meaning as is assigned to it in the Act.

Establishment and composition of the Service.- (1) There shall be a Service to be called as the Local Governments Service for the members but shall not include the employees of the Union Councils and District Authorities.

(2) The Service shall consist of the following functional units:
(a) Administrative Wing;
(b) Finance Wing;
(c) Engineering Wing; and
(d) Planning Wing.

Method of recruitment. The method of recruitment, minimum qualification, age limit and other matters shall be such as are given in the Schedule.

Initial recruitment.- (1) An initial recruitment to a post shall be made on the basis of examination or test and interview conducted by the Board or such other recruitment agency as approved by the Board, after advertisement of the vacancies in more than one daily national newspaper of wide circulation.

(2) Subject to sub-rule (3), a candidate, for initial recruitment to a post, shall possess the required educational qualifications, experience and shall be within the age limit prescribed in the Schedule.

(3) The age for a post shall be reckoned on the last date fixed for submission of applications for the post.

(4) A person shall not be appointed by initial recruitment to a post unless he is a citizen of Pakistan and is a resident of Province of the Punjab.

Appointment by promotion.- (1) An appointment by promotion to a post reserved for promotion shall be made on the recommendations of the Board.

(2) Subject to successful completion of the training specified by the Board, a member, who has the requisite qualifications and meets the other prescribed conditions as given in the Schedule, shall be eligible to be considered for promotion by the Board.

(3) The promotion including pro forma promotion to any post shall not be claimed as a matter of right by a member.

(4) The promotion shall be granted with immediate effect and be actualized from the date of assumption of charge of the higher post, and shall, in no case, be granted from the date of the availability of post reserved for promotion.

(5) A member shall not be entitled to promotion from an earlier date except in case of pro forma promotion.

(6) A retired member shall not be eligible for promotion, but he may be considered for grant of pro forma promotion as per policy of the Government.

Appointment by transfer.- (1) An appointment by transfer to a post shall be made on the recommendations of the Board.

(2) Appointments by transfer may be made from amongst persons holding appointments under the Government on regular basis in the same basic pay scale as that of the post to which the appointment is to be made and the said person is eligible for appointment to the post.

(3) The lien and seniority of a member appointed by transfer shall be maintained in his parent department as per policy of the Government.

Confirmation and termination.- (1) If a member fails to complete any training or pass the departmental examination prescribed for the purpose, the appointing authority may:

(a) in case of initial recruitment, terminate his service; and
(b) in case of appointment by promotion revert him to lower post, or if there is no such post, terminate his service.

(2) The service of a member may be terminated without notice during the initial or extended period of probation but if such a member is appointed by promotion, his service shall not be terminated so long as he holds a lien against his former post, basic pay scale or functional unit.

(3) In case, a post is abolished or the number of posts in a functional unit is reduced for any reason, the service of the most junior person in the functional unit shall be terminated.

Probation.- (1) A person appointed to a post in a basic pay scale 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:

Provided that the appointing authority may extend the period of probation by a further period not exceeding two years in all.

Explanation.- Officiating service and service spent on deputation to a corresponding or a higher post may be allowed to be counted towards the period of probation.

(2) No person shall be confirmed in a post unless he has successfully completed such training and passed such departmental examination as may be prescribed.

(3) 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.

(4) Subject to the provisions of sub-rule (2) above, 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 from the date on which the period of probation was last extended or deemed to have been so extended:

Provided that in case of grant of extraordinary leave during the period of probation of two years, the name of the person will be removed from the seniority list and placed on a static list with no claim to promotion, seniority or confirmation for the period he remains on extraordinary leave.

(5) A probationer, who has satisfactorily completed the period of probation against a substantive vacancy, shall be confirmed with effect from the date of his continuous appointment in such vacancy:

Provided that where the period of his probation has been extended under the provisions of sub rule (1), 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.

Seniority.- (1) The seniority inter se of the members appointed to a post in the same basic pay 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; and
(b) in the case of persons appointed by promotion, with reference to the dates of their continuous appointments in the basic pay scale:

Provided that if the date of continuous appointment in the case of two or more persons appointed to the basic pay scale is the same, the elder if not junior to the younger in the next below basic pay scale, shall rank senior to the younger person.

Explanation-I: If a member junior in a lower basic pay scale is promoted to the higher basic pay scale by superseding his senior and subsequently the latter is also promoted, the member promoted first shall rank senior to the one promoted subsequently.

Explanation-II: A junior appointed to a post in higher basic pay 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 persons appointed by initial recruitment to the basic pay scale and those appointed by promotion shall be determined with reference to the date of continuous appointment to the basic pay scale:

Provided that if both the dates are the same, the persons appointed by promotion shall rank senior to the person appointed by initial recruitment;

Provided further that the inter se seniority of the members belonging to the same category shall not be altered.

Explanation: In case, a group of persons is selected for initial appointment at one 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 any rules applicable immediately before the commencement of the rules shall be prepared jointly under sub rule (1) and (2).

Posting and transfers.- A member shall be liable to serve anywhere in the Province:

Provided that if he is required to serve in a post outside his functional unit, the 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.

Reversion.- A member appointed to the higher post or basic pay scale on officiating basis or current charge basis shall be liable to reversion to his lower post or basic pay scale without notice.

Retirement.- (1) A member 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 sixtieth year of his age.

(2) A retired member shall not be re-employed in the service.
(3) A member during leave preparatory to retirement may seek private employment with the approval of the appointing authority.

Remuneration.- (1) A member shall be paid such remuneration and allowances as may be determined by the Government and adopted by the Board.

(2) A member shall draw his pay and allowances from the concerned local government under which he serves during the period for which the pay and allowances are claimed.

Pension and gratuity.- (1) A member, on retirement, shall be entitled to such pension and gratuity as may be admissible.

(2) Where a member of the Service was a Government servant or member of Local Council Service or Tehsil Municipal Administration Cadre at the time of the commencement of the rules, he shall be entitled to receive his pension from the parent department or, as the case may be, from the concerned Board.

(3) The Board, with the approval of the concerned department, shall recover the leave salary and pension contribution of the members of the erstwhile Local Council Service and Tehsil Municipal Administration Cadre from the concerned successor local government and other institution under which they have served, and transfer the same to the parent department.

Group Insurance.- A member 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.

Leave.- (1) The Punjab Revised Leave Rules, 1981, as amended from time to time, shall mutatis mutandis be applicable to the members.

(2) Where a member proceeds on leave, he shall claim his salary from the local government concerned 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 local government from the amount of contribution of leave salary payable to the Board.

Conduct.- The conduct of a member shall be regulated by the Punjab Government Servants (Conduct) Rules, 1966 or such other rules as may be applicable to Government servants.

Efficiency and Discipline.- A member shall be liable to such disciplinary action and penalties in accordance with the procedure prescribed by the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, or any other law or rules for the time being in force.

Right of Appeal or Representation.- (1) An aggrieved member may, within sixty days of an order, file an appeal to the authority next above the authority which passed the order.

(2) If the Punjab Local Government Board is the authority which passed the order, an appeal shall lie to the Additional Chief Secretary, Services and General Administration Department of the Government.

(3) No appeal shall lie on a matter relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post.

General.- If a matter is not provided for in the rules, the relevant provisions of the Punjab Civil Servant (Appointment and Conditions of Service) Rules, 1974 or any other rules of the Government for the time being in force, in so far as they are not inconsistent with the rules, shall mutatis mutandis apply.

Repeal and Saving.- (1) The Punjab Local Council Services (Appointment and Conditions of Service) Rules, 1983 and the Punjab Local Government District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005, are hereby repealed to the extent of posts mentioned in the Schedule.

(2) Notwithstanding the repeal of the rules mentioned in sub-rule (1), the doctors of the Health Functional Unit of Punjab Local Council Service shall continue to be governed under the Punjab Local Council Services (Appointment and Conditions of Service) Rules, 1983 and the Punjab Local Government District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005, as if they have not been repealed.