No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in any committee or joint committee, or on account of any defect or irregularity not affecting the merits of the case.
Officers and Servants Section 38 1[38. Constitution of Municipal Services. - (1) Notwithstanding anything contained in this Act, the State Government may by notification, constitute in the prescribed manner all or any of the following Municipal Services, namely :-
(i) Punjab Service of Municipal Executive Officers ;
(ii) Punjab Service of Municipal Engineers and Sectional Officers ;
(iii) Punjab Service of Municipal Health Officers ;
(iv) Punjab Service of Municipal Secretaries ;
(v) Punjab Service of Municipal Accountants ; and
(vi) such other Municipal 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 Municipal Services referred to in sub-section
(1) and for the classification of such Services.
(3) The State Government may transfer any member of a Municipal Service from a post in one committee to a post carrying the same scale of pay in another committee.
(4) The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Municipal Services in accordance with the conditions of their service shall be charged from the municipal fund in the prescribed manner.
(5) Creation of posts in a Municipal Service and appointment of members thereto shall be made by the State Government or by an authority empowered by the State Government in this behalf after taking into consideration the requirements of the 32 The Punjab Municipal Act, 1911, Section 36
1. Substituted by Punjab Act 24 of 1973, Section 8. This section came into force on 1.12.1975 vide notification No. GSR 119/PA/24/73/SI 75 dated 12.11.1975 published on 24.11.1975 committees 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 subsection (1), is serving in a committee on a post in relation to which a Municipal Service is constituted, shall, on the issue of such notification, become a member of the corresponding Municipal 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 qualification and service record :
Provided that his terms and conditions of service in so far as they relate to remuneration, gratuity and provident fund shall not be varied to his dis-advantage on his becoming a member of the Municipal 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 Municipal 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 Municipal 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 Municipal Service.
1[(6-A). In the case of a person who is not found fit under sub section 6 for becoming a member of the corresponding Municipal Service the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Municipal (Second Amendment) Act, 1976, if the decision that he is 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 Government may appoint such a person, with his consent on a post in any other Municipal Service to which he may be found suitable.]
2[(7) Recruitment of members of the Municipal 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 requirement.]
Section 39