Chapter XV Chapter XV

(1) On and with effect from the date of establishment of the Authority under section 17 of this Act, the Punjab Housing Development Board established under the Punjab Housing Development Board Act, 1972 (Punjab Act 6 of 1973) shall stand abolished. (2) On and with effect from the date of abolition the Punjab Housing Development Board under sub-section (1), - (a) the members including the Chairman of the Punjab Housing Development Board shall cease to hold office; (b) all properties, funds and dues which are vested in or realisable by the Punjab Housing Development Board shall vest in and be realisable by the Authority; (c) all liabilities which are enforceable against the Punjab Housing Development Board shall be enforceable against the Authority; (3) Nothing in this section shall affect the liabilities of the State Government in respect of loans or debentures guaranteed under sub-section (5) of section 67 of the Punjab Housing Development Board Act, 1972 (Punjab Act 6 of 1973).

(1) Unless otherwise expressly provided under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the date of abolition of the Punjab Housing Development Board and to which that Board is a party or which are in favour of the said Board shall be of as full force and effect against the Authority and may be enforced and acted upon as well as fully and effectually as if instead of the Punjab Housing Development Board the Authority had been a party thereto or as if they had been entered into or issued in favour of the Authority. (2) If on the date of abolition of the Punjab Housing Development Board under this Act, any suit, appeal or other legal proceedings of whatever nature by or against the Punjab Housing Development Board are pending, then it shall not abate or be discontinued or be in any way prejudicially affected by reason of the transfer to the Authority all the assets and liabilities of the Punjab Housing Development Board or of anything done under this Act, but the suit, appeal or other legal proceedings, may be continued, presented and enforced by or against the Authority. Explanation. - For the purpose of this sub-section, legal proceedings include any proceedings under the Land Acquisition Act, 1984 (Central Act 1 of 1894).

(1) Every whole time employee of the Punjab Housing Development Board (hereinafter referred to as the employee of the Board) shall, on and from the date of its abolition under sub-section (1) of section 148, becomes an employee of the Authority, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges, if any, and other matters as he would have held the same on the said date, if this Act had not come into force and shall continue to do so unless and until his remuneration, terms and conditions are duly altered by the Authority with the previous approval of the State Government. (2) Notwithstanding anything contained in sub-section (1), where any employee of the Punjab Housing Development Board, by notice in writing given to the Authority at any time before the expiry of three months next following the date of abolition of the said Board under section 148, has intimated his intention of not becoming an employee of the Authority, he shall cease to be an employee of the Authority and shall be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisation of the Punjab Housing Development Board immediately before its abolition. (3) If any question arises as to whether any person was a whole time employee of the Punjab Housing Development Board before the date referred to in sub- section (1), the question shall be referred to the State Government whose decision shall be final. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act XIV of 1947) or in any other law for the time being in force, the transfer of the service of any employee of the Punjab Housing Development Board to the Authority shall not entitle any such employee to any compensation under that Act or other law and no such claim shall be entertained by a Court, Tribunal or any other authority.

(1) As soon as may be, after the date of abolition of the Punjab Housing Development Board under sub-section (1) of section 148, the State Government may, after consulting the Authority in the prescribed manner, direct by general order that such of the employees serving immediately before the said date in connection with the affairs of the State of Punjab in the Directorate of Housing and Urban Development (hereinafter referred to as the employees of the Directorate) whose assets were transferred to the Punjab Housing Development Board under section 3 of the Punjab Urban Estates (Development and Regulation) Act, 1964 (Punjab Act 22 of 1964) as are specified in such order stand allotted to and serve in connection with the affairs of the Authority with effect from such date as may be specified (hereinafter referred to as the notified date) in such order : Provided that so far as may be possible, (i) no employee shall be transferred to the service of the Authority -(a) unless such employee gives his option in writing for such transfer; and (b) the Authority considers him suitable for such transfer to its service : Provided further that the conditions of service of an employee of the Directorate of Housing and Urban Development, Punjab, transferred to the service of the Authority shall not be varied by the Authority to his disadvantage. (2) Notwithstanding anything contained in sub-section (1), where an employee serving immediately before the date of abolition, of the Punjab Housing Development Board under sub-section (1) of section 148, in connection with the affairs of the State of Punjab in the Directorate of Housing and Urban Development has not given his option for his transfer to the Authority under sub-section (1), if not absorbed in any service or on any post under the Government of Punjab, shall be entitled to such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the State Government immediately before the date of abolition of the said Board.

(1) The moneys standing in the provident fund account to the credit of any officer or employee transferred from the service of the State Government to the service of the Authority, on the notified date together with any other assets belonging to such fund, shall stand transferred to, and vest, in the Authority with effect from the notified date. (2) The Authority shall, as soon as may be, after the notified date, constitute in respect of the moneys and other assets which are transferred to and vested in it under sub-section (1), similar fund and may invest the accumulations under the fund in such securities and subject to such conditions as may be specified by the Authority with the approval of the State Government.

(1) In the case of officers and employees transferred from service of the State Government to that of the Authority, the State Government shall credit the leave salary and pension contribution of such officers and employees to the Authority for each completed year of their service under the State Government on the notified date and they shall be entitled to the benefit of leave to their credit on that date. (2) The pension contribution paid by the State Government to the Authority shall form the nucleus of the contributory provident fund to which they shall be admitted and they shall have no claim on the State Government in respect of leave and pension.

The integration of the employees transferred to the Authority under this Act and their inter se seniority shall be determined in the manner as may be prescribed.