Himachal pradesh act 012 of 1984 : Himachal Pradesh Municipal Corporation (Amendment) Act, 1984

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Himachal Pradesh Municipal Corporation (Amendment) Act, 1984.

(2) it shall come into force at once.

Section 2. Amendment of section 5

2. Amendment of section 5.- For sub-section (1) of section 5 of the Himachal Pradesh Municipal Corporation Act, 1979 (9 of 1980) (hereinafter called the principal Act) the following sub-section shall be substituted, namely:-

"(1) Elected councillor from each municipal ward constituted under section 8 shall be chosen by direct election by the persons who have attained the age of 18 years and whose names are entered in the electoral roll referred to in section 11."

Section 3. Substitution of section 9

3. Substitution of section 9.- For section 9 of the principal Act the following section shall be substituted, namely?

"9. The Government, may, from time to time by an order published in the Official Gazette, alter or amend any order made under section 8."

Section 4. Amendment of section 13

4. Amendment of section 13.- After clause (a) of sub-section (1) of section 13 of the principal Act, the following new clause shall be inserted, namely:-

"(aa) if he is less than 25 years of age;"

Section 5. Insertion of section 70-A

5. Insertion of section 70-A.- After section 70 of the principal Act the following section 70-A, alongwith its heading, shall be inserted, namely:-

"70-A. Power to take over the employees of Municipal Corporation specified in the Third Schedule.- (1) Notwithstanding anything contained in this Act, any other law in force, rules made thereunder and contract executed and orders made, the State Government, if it thinks fit that it is expedient and necessary to do so, may, by notification in the Official Gazette, take over all or any class of employees working in the Municipal Corporation specified in the Third Schedule of the Act.

(2) Where any class of employees are taken over under sub-section (1), such employees will become the employees of the State Government and shall be entitled to such remuneration and shall be governed by such rules and regulations as are applicable to the employees of the State Government on equivalent post.

(3) Where any class of employees are taken over by the State Government under sub-section (1), they shall be merged with the employees of that Department to which the State Government may order;

Provided that where such employees are so taken over from Municipal Corporation, the corresponding posts in the Municipal Corporation shall be filled in by deputation out of cadre of the Government Department concerned and the expenditure on account of pay and allowances etc. shall be borne by the Municipal Corporation.

(4) Any service rendered by such class of employees under Municipal Corporation before taking over such employees shall be deemed to be service rendered under the State Government:

Provided that where any class of employees are taken over by the State Government under sub-section (1), the employees whose services have been taken over shall be governed by the pensionary regulation as made applicable to Government employees provided they exercise their option to surrender their contribution of contributory fund alongwith interest thereon which amount will be deposited in their General Provident Fund Account in the Department concerned of the State Government and the share of the Municipal Corporation along with interest thereon shall be credited to the consolidated fund of the State of Himachal Pradesh.

(5) Nothing in sub-sections (1) to (4) shall apply to any employee, who by notice in writing in that behalf to the State Government within a period of two months from the date of such taking over intimates his option for not becoming an employee of the State Government, and where any employee gives such notice, his service under the Municipal Corporation shall stand terminated with effect from such date of taking over, and he shall be entitled to compensation from the Municipal Corporation, which shall be as follows:-

(a) In the case of a permanent employee, a sum equivalent to his salary (including all allowances) for a period of three months or for the remaining period of his service, whichever is less;

(b) in the case of a temporary employee, a sum equivalent to his salary (including all allowances) for one month or for the remaining period of his service, whichever is less."

Section 6. Insertion of the Third Schedule

6. Insertion of the Third Schedule.- After the Second Schedule annexed to the principal Act, the following Third Schedule shall be inserted, namely;-

"THE THIRD SCHEDULE"

(See section 70-A)