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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Powers, Procedure, Offences and Penalties
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357. Signature. conditions, duration, Suspension,
revocation, etc., of licenses and written permissions. -
(l) Whenever it is provided in this Act or any bye-law made thereunder
that a licence or a written permission may be granted for any purpose,
such license or written permission shall be signed by the Commissioner
or by the officer empowered to grant the same under this Act or the
bye-laws made thereunder or by any Corporation Officer authorised
by the Commissioner or such officer in this behalf and shall specify
in addition to any other matter required to be specified under any
other provision of this Act or any provision of any bye-law made thereunder-
(a) the date of the grant thereof;
(b) the purpose and the period (if any) for which it is granted;
(c) restrictions or conditions, if any, subject to which It is granted;
(d) the name and' address of the person to whom it is granted; and
(e) the fee, if any, paid for the licence or written permission.
(2) Except as otherwise provided in this Act or any bye-law made thereunder,
for every such licence or written permission a fee may be charged
at such rate as may from time to time be fixed by the Commissioner
with the sanction of the Corporation and such fee shall be payable
by the person to whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any bye-law made thereunder
any licence or written permission granted under this Act or any bye-law
made thereunder may at any time be suspended or revoked by the Commissioner
or by the officer by whom it was granted, if he is satisfied that
it has been secured by the grantee through misrepresentation or fraud
or if any of its restrictions or conditions has been infringed or
evaded by the grantee, or if the grantee has been convicted for the
contravention of any of the provisions of this Act or any bye-law
made thereunder relating to any matter for which the licence or permission
has been granted: Provided that-
(a) before making any order of suspension or revocation
reasonable opportunity should be afforded to the grantee of the
license or the written permission to show cause why it should not
be suspended or
revoked;
(b) every such order shall contain a brief statement of the reasons
for the suspension or revocation of the licence or the written permission.
(4) When any such licence or written permission is suspended or revoked
or when the period for which the same was granted has expired, the
grantee shall, for all purposes of this Act or any bye-law made thereunder,
be deemed to be without a licence or written permission until such
time as the order suspending or revoking the licence or written permission
is rescinded or until the licence or written permission is renewed.
(5) Every grantee of any licence or written permission granted under
this Act shall at all reasonable times, while such licence or written
permission remains in force if so required by the Commissioner or
the authority by whom it was granted, produce such licence or written
permission.
358. Power of entry and inspection,
- The Commissioner or any Corporation officer or other Corporation
employee authorised by him in this behalf or empowered in this behalf
by or under any provision of this Act, may enter into or upon any
land or building with or without assistants and workmen-
(a) for the purpose of ascertaining whether there is or
has been on or in connection with the land or building any contravention
of the provisions of this Act or any bye-law made thereunder;
(b) for the purpose of ascertaining whether or not circumstances
exist which would authorise or require the Commissioner, or any
Corporation officer or employee authorised or empowered in this
behalf to take any action or execute any work under this Act or
any bye-law made thereunder:
(c) for the purpose of' taking any action or executing any work
authorised or required by this Act or any bye-law made thereunder.
(d) to make any inquiry, inspection, examination, measurement, valuation
or survey authorised or required by or under this Act or necessary
for the proper administration of this Act;
(e) generally for the purpose of efficient discharge of the functions
by any of the municipal authorities under this Act or any bye law
made thereunder.
359. Power to enter land adjoining land in
relation to any work. - The Commissioner, or any person
authorised by him in this behalf or empowered in this behalf by or
under any provision of this .Act, may enter on any land within thirty-five
metres of any work authorised by or under this Act with or without
assistant and workman for the purpose of depositing thereon any soil,
gravel, stone or other materials or for obtaining across to such work
or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land.
State the purpose thereof, and shall, if so required by the owner
or occupier thereof fence off so much of the land as may be required
for such purpose.
(3) The person so authorised shall, in exercising any power conferred
by this section, do as little damage as may be, and compensation shall
be payable by the Corporation in accordance with bye-laws made in
this behalf to the owner or occupier of land or to both for any such
damage, whether permanent or temporary.
360. Breaking into building. - (1)
It shall be lawful for the Commissioner, or any person authorised
by him in this behalf or empowered in this
140 Powers, Procedure, Offences and Penalties behalf by or, under
any provision of this Act, to make any entry into any place, and to
open or cause to be opened any door, gate or other barrier-
(a) if he considers the opening thereof necessary for
the purpose of such entry; and
(b) if the owner or occupier is absent or being present refuses
to open such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing
to be opened any such door, gate or other barrier, the Commissioner,
or the person authorlsed or empowered in this behalf, shall call upon
two or more respectable inhabitants of the locality in which the place
to be entered into is situate, to witness the entry or opening and
may issue an order in writing to them or any of them so to do.
(3) A report shall be made to the Corporation as soon as may be after
any entry has been made into any place or any door, gate other barrier
has been opened under this section.
361. Time of making entry. - Save
as otherwise provided in this Act or any bye-law made thereunder no
entry authorised by or under this Act shall be made except between
the hours of sunrise and sunset.
362. Consent ordinarily to be obtained.
- Save as otherwise provided in this Act or any bye-laws made
thereunder n° land or building shall be entered without the consent
of the occupier, or if there is no occupier, of the owner thereof
and no such entry shall be made without giving the said owner or occupier,
as the case may be, not less than twenty-four hours within notice
of the intention to make such entry:
Provided that no such notice shall be necessary if the place to be
Inspected is a factory, workshop or trade premises or a place used
for any of the purposes specified in Section 343 or a stable for horses
or a shed for cattle or a latrine or urinal or a work under construction
or for the purpose of ascertaining whether any animal intended for
human food is slaughtered in that place in contravention of this Act
or any bye-law made thereunder
363. Regard to be had to social or religious
usages. - When any place used as a human dwelling is entered
under this Act, due regard shall be paid to the social and religious
customs and usages of the occupants of the place entered and no apartment
in the actual occupancy of a female shall be entered or broken open
until she has been informed that she is at liberty to withdraw and
every reasonable facility has been afforded to her for withdrawing.
364. Prohibition of obstruction or molestation
in execution of work. -
No person shall obstruct or molest any person authorised or empowered
by or under this Act or any person with whom the Corporation or the
Commissioner has lawfully contracted, in the execution of his duty
or of anything which he is authorised or empowered or required to
do by virtue or in consequence of any of the provisions of this Act
or any bye-law made thereunder, or in fulfilment of his contract,
as the case may be.
365. Public notices how to be made known.
- Every public notice given under this Act or any bye-law made
thereunder shall be in writing under the signature of the Commissioner
or of any Corporation Officer authorised by him in this behalf and
shah be widely made known in the locality to be affected thereby,
by affixing copies thereof in conspicuous public places within the
said locality or by publishing the same by beat of drum or by advertisement
in local newspapers or by any two or more of these means and by any
other means that the appropriate municipal authority may think fit.
366. Newspaper in which advertisement of
notices to be published.
Whenever it is provided by this Act or any bye-law made thereunder
that notice shall be given by advertisement in local newspapers or
that a notification or information shall be published in local newspapers
such notice, notification or information shall be inserted if practicable,
in at least three newspapers in such languages as the Corporation
may from time to time specify in this behalf:
Provided that if the Corporation publishes a municipal journal a publication
in that journal shall be deemed to be a publication in a newspaper
of the language in Which the said journal may be published.
367, Proof of consent, etc. of Commissioner
etc. - Where under this act Or any rule, regulation or
bye-law made thereunder the doing of, or the omission to do anything
or the validity Of anything depends upon the approval, sanction, consent;
concurrence, declaration, opinion or satisfaction Of the Commissioner
or of any Corporation officer, a written document signed by the Commissioner
or officer purporting to convey or set forth such approval, sanction,
consent, concurrence, declaration, opinion or satisfaction, shall
be sufficient evidence thereof.
368. Notices, etc. to fix reasonable time.
- Where any notice, bill order or requisition issued or made under
this Act or any rule, regulation or bye law made thereunder requires
anything to be done for the doing of which no time is fixed in this
Act or the rule, regulation or bye law, the notice, bill, order or
requisition shall specify a reasonable time for doing the same.
369. Signature on notices, etc., may be stamped.
- Every licence, written permission, notice, bill, summons or
order document which is required by this Act or any rule, regulation
or bye-law made thereunder to bear the signature of the Commissioner
or of any Corporation officer, shall be deemed to be properly signed
if it bears a facsimile of the signature of the Commissioner or officer,
as the case may be, stamped thereupon.
(2) Nothing in sub-section {1) shall be deemed to apply to a cheque
drawn upon the Corporation Fund under Section 78 and such other classes
of documents as may be prescribed
370. Notice etc. by whom to be served or
issued. - All notices, bill summons and other documents
required by this Act or any rule, regulations or bye-laws made thereunder
to be served upon or issued to, any person,
shall be served or issued by municipal officers or other Corporation
employees or by other persons authorised by the Commissioner.
371. Service of notices, etc. - Every
notice, bill, summons, order, requisition or other document required
or authorised by this Act or any rules regulation or bye-law made
thereunder to be served or issued by or on behalf of the Corporation
or by the Commissioner or any Corporation officer, on any person shall,
save as otherwise provided in this Act or such rule, regulation or
bye-law, be deemed to be duly served-
(a) where the person to be served is a company, .if the document is
addressed to the secretary of the company at its registered office
or at its principal office or place of business and is either-
(i) sent by registered post, or
(ii) delivered at the registered office or at the principal office
or place of business of the company;
{b) where the person to be served is a partnership, if the document
is addressed to the partnership at its principal place of business,
identifying it by the name or style under which its business is carried
on,
and is either
(i) sent by registered post, or
(ii) delivered at the said place of business;
(c) where the person to be served is a public body, or a corporation,
society or other body if the document is addressed to the secretary,
treasurer or other head officer of that body, corporation or society
at its principal office, and is either;
(i) sent by registered post; or
(ii) delivered at that office;
{d) in any other case, if the document is addressed to the person
to be served and -
(l) is given or tendered to him, or
(i) if such person cannot be found, is affixed on some
conspicuous part of his last known place of residence or business,
if within the city, or is given or tendered to some adult member
of his family or is affixed on some conspicuous part of the land
or building, if any, to which it relates, or
(i) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the
owner or occupier of any land or building ma be addressed the owner
or e occupier , as me case may be, of that land or building (naming
that land or building) without further name or description, and shall
be deemed to be duly served -
(a) if the document so addressed is sent or delivered
in accordance with clause
{d) of sub-section (1); or
(b) if the document so addressed or a copy thereof so addressed,
is delivered to some person on the land or building or, where there
is no person on the land or building to whom it can be delivered,
is as- fixed to some conspicuous part of the land or building.
(3} Where a document is served on a partnership in accordance
with this section, the document shall be deemed to be served on each
partner.
{4) For the purpose of enabling any document to be served on the owner
of any premises the Commissioner may by notice in writing require
the occupier of the premises to state the name and address of the
owner thereof.
(5} Where the person on whom a document is to be served is a minor,
the service upon his guardian or any adult member of his family shall
be deemed to be service, upon the minor.
(6) Nothing in Section 369 and Section 370 and in this section shall
apply to any summons issued under this Act by a Court.
(7} A servant is not a member of the family within the meaning of
this section.
372. Service of bills for tax or notice of
demand by ordinary post. -
Notwithstanding anything contained in Sections 370 and 371 a bill
for any tax or a notice of demand may be served by sending it by ordinary
post with a pre-paid letter under a certificate of posting addressed
to the appropriate person specified in Section 371 at his last known
place of residence or business and in proving the service of every
bill or notice so sent it shall be sufficient to prove that the matter
was properly addressed and posted under a certificate of posting.
373. Power in case of non-compliance with
notice, etc. - In the event of a non-compliance with the
terms of any notice, order or requisition issued to any person under
this Act or any rule, regulation or bye-law made there under, requiring
such person to execute any work or to do any act it shall be lawful
for the authority or officer at whose instance the notice, order or
requisition has been issued, whether or not the person in default
is liable to punishment of such default or has been prosecuted or
sentenced to any punishment therefor, after giving notice in writing
to such person, to take such action or such steps as may be
necessary for the completion of the act or the work required to be
done or executed by such person, to take such action or such steps
as may be necessary for the completion of the act or the work required
to be done or executed by such person and all the expenses incurred
on such account shall be payable to the Commissioner or demand and/f
not paid within ten days after such demand, shall be recoverable as
an arrear of tax under this Act.
374. Liability of occupier to pay in default
of owner. - ( 1 ) If any notice, order or requisition has
been issued to any person in respect of property of which he is the
owner the authority or officer at whose instance such notice order
or requisition has been issued may require the occupier of such property
or of any part thereof to pay to him, instead of to the owner, any
rent payable by him in respect of such property, as it falls due up
to the amount recoverable from the owner under Section 373: Provided
that if the occupier refuses to disclose the correct amount of the
rent payable by him or the name or address of the person to whom it
is payable, the authority or officer may recover from the occupier
the whole amount recoverable under Section 373 as an arrear of tax
under this Act.
(2) Any amount recovered from an occupier instead of from an owner
under sub-section (1), shall, in the absence of any contract between
the owner and the occupier to the contrary, be deemed to have been
paid by the owner.
375. Execution of work by occupier in default
of owner and deduction of expense from rent. - Whenever
the owner of any land or buildings fails to execute any work which
he is required to execute under this Act or any bye-law made thereunder,
the occupier, if any, of such land or building may, with the approval
of the Commissioner, execute the said work and he shall, subject to
any contract between the owner and occupier to the contrary, be entitled
to recover from the owner the reasonable expenses incurred by him
in the execution of the work and may deduct the amount thereof from
the rent payable by him to the owner.
376. Relief to agents and trustees,
- ( 1 ) Where any person, by reason of his receiving rent of immovable
property as a receiver, agent or trustee would be bound to discharge
any obligation imposed by this Act, or any rule, bye-law, regulation
or order made under it for the discharge of which money is required,
he shall not be bound to discharge the obligation unless he has, or
but for his own improper act or default might have had, funds in his
hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or
trustee to relief under, sub-section {1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established
his right to relief under this section, the Commissioner may, by notice
in writing, require him, to apply to the discharge of his obligations
as aforesaid the first moneys which may come to his hands to behalf,
or for the use, of the owner and on failure to comply with the notice,
he shall be deemed to be personally liable to discharge the obligation.
377. General power to pay compensation.
- (1) In any case not otherwise provided for in this Act or in
any bye-law wade thereunder, the Commissioner, with the previous approval
of the Corporation, may pay compensation to any person who sustains
damage by reasons of the exercise of any of the powers vested by this
Act or any bye-law in the Commissioner or in any Corporation officer
or other Corporation employee.
378. Compensation to be paid by offenders
for damage caused by them. -
( 1 ) Any person who has been convicted of an offence against this
Act or any bye-law made thereunder shall, notwithstanding any punishment
to which he may have been sentenced for the said offence, be liable
to pay such compensation for any damage to the property of the Corporation
resulting from the said offence as the appropriate municipal authority
may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation
payable under sub-section (1) such amount shall, on application
made to him; be determined by the Magistrate before whom the said
person was convicted of the said offence; and on non-payment of the
amount of compensation so determined the same shah be recovered under
a warrant from the said Magistrate as if it were a fine imposed by
him on the person liable therefor.-
379. Reference to the court of the District
Judge in certain cases. -
If, when the Commissioner demands payments of any expenses referred
to in Section 373 his right to demand the same of the amount or the
demand is disputed within ten days after such demand, the Commissioner
shall refer the case for determination to the court of the District
Judge.
380. Application to court of District Judge
in other cases. -
(1) Wherein any case not provided for by Section 379, the Corporation
or the Commissioner or any Corporation Officer or other Corporation
employee is required by this Act or by any bye-law made thereunder
to pay any expenses or any compensation, the amount to be so
paid and, if necessary, the appointment of the same, shall, in case
of dispute be determined by the court of the District Judge on application
having been made to it for this purpose at any time within one year
from the date when such expenses or compensation first became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance
with sub-section ( 1 ) is not paid by the person liable therefor
on demand, it shall be recoverable as if the same were due under a
decree passed by the court of the District Judge in an original suit
tried by it.
381. Power to sue for expenses or compensation.
- Instead of proceeding in the manner aforesaid for the recovery
of any expenses or compensation of which the amount due has been ascertained
as herein before provided, or after such proceedings have been taken
unsuccessfully or with only partial success, the sum due or the balance
of the sum due, as the case may be recovered by a suit brought against
the person liable for the same in any court of competent jurisdiction.
382. Mode of recovery of certain dues.
- In any case not expressly provided for in this Act or any bye-law
made thereunder any sum due to the Corporation on account of any charges,
costs, expenses, fees rates or rent or or/any other account under
this Act or any such bye-law may be recoverable from any person from
whom such sum is due as an arrear of tax under this Act: Provided
that no proceedings for the recovery of any sum under this section
shall be commenced after the expiry of three years from the date on
which such sum become due.
383. Right of owner to apply to court of
the District Judge in case of obstruction by occupier. -
{ 1 ) The owner of any land or building may if he is prevented by
the occupier thereof from complying with any provision of this Act
or any bye-law made thereunder or with any notice, order or requisition
issued under such provision, apply to the court of the District Judge;
and where such application is made within any time that may be fixed
for the compliance with such provision or notice, order or requistion
the owner
shall not be liable for his failure to comply with the provision or
notice, order or requisition within the time so fixed.
(2) The court on receipt of such application, may make a written order
requiring the occupier of the land or building to afford all reasonable
facilities to the owner for complying with the said provision or notice,
order or requistion any may also, if it thinks fit direct that the
costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section
the occupier shall afford all such reasonable facilities to the owner
for the purpose aforesaid as may be specified in the order and in
the event for his continued refusal to do so, the owner shall be discharged
during the continuance of such refusal from any liability which may
have been otherwise Incurred by reason of his failure to comply with
the said provisions or notice, order or requisition.
384. General powers and procedure of the
court of District Judge.. The procedure provided in the
Code of Civil Procedure, 1908, in regard to suits shall be followed,
as far as it can be made aplicable, in the disposal
of applications, appeals or references that may be made to the court
of the District Judge under this Act or any bye-law made thereunder.
385. Fees in proceeding before court of the
District Judge. -
(1) The Government may, by notification in Official Gazette, prescribe
what fee shall be paid -
(a) on any application, appeal or reference under this
Act or any bye-law made thereunder to the court of the District
Judge; and
(b) for the issue, in connection with any inquiry or proceedings
before that court under this Act or such bye-law, of any summons
or other process: Provided that the fee, if any prescribed under
clause (a) shall not in cases in which the value of the claim or
subject matter is capable of being estimated in money, exceed the
fees liable for the time being under the provisions of the Court-fees
Act, 1870, in cases in which the amount of the claim or subject
matter is of a like amount.
{2) The Government may, be like notification, determine the person
by whom the fee, if any, prescribed under clause (a) of sub-section
{1 ), shall be payable.
(3) No application, appeal or reference shall be received by the court
of the District Judge until the fee, ff any, prescribed therefor under
clause {a) of sub-section (1) has been paid: Provided that the court
may in any case in which it thinks fit so to do -
(i) receive an application, appeal or reference made by
or on behalf of a poor person, and
(ii) issue process on behalf of any such person, without payment
or on part payment of the fees prescribed under this section.
386. Repayment of half fees on settlement
before hearing. - Whenever an application, appeal or reference
made under this Act or any bye-law made thereunder to the court of
the District Judge is settled by agreement between the parties before
the hearing, half the amount of all fees paid up to that time shall
be repaid by the court to the parties by whom the same have respectively
been paid.
387. Power of the court of District Judge
to delegate certain powers and to make rules. - The court
of the District Judge may -
(a) delegate, either generally or specially, to the court of an additional
district judge, power to receive applications, and reference under
this Act or any rule, regulation or bye-law made thereunder, and to
hear and determine such applications, and references;
(b) with the approval of the Government, make rules nor inconsistent
with this Act or any rule, regulation or bye-law made thereunder,
providing for any matter connected with the exercise of the jurisdiction
conferred upon the court by this Act which is not herein specifically
provided for.
388. Punishment for certain offences. - Whoever
-
{a) contravenes any provision of any of the sections, sub-sections,
clauses, provisos or other provisions of this Act, mentioned in the
first column of the Table in the Third Schedule; or (b) fails to comply
with any order lawfully given to him or any requisition lawfully made
upon him under any of the said sections, sub-sections, clauses, provisos
or other provisions shall be punishable -
(i) with fine which may extend to the amount, or with
imprisonment for a term which may extend to the period, specified
in that behalf in the third column of the said Table or with both;
and
(ii) in the case of a continuing contravention or failure: with
an additional fine which may extend to the amount specified in the
fourth column of that Table for every day during which such contravention
or failure continues after conviction for the first such contravention
or failure.
389. Punishment for acquiring share or interest
in contract, etc. with Corporation. - Any councillor who
knowingly acquires directly or indirectly, any share or interest in
any contract made with, or any work done for, the Corporation not
being a share or interest such as under section 13 it is permissible
for a Councillor to have without being thereby disqualified for being
a Councillor or any Corporation officer or other Corporation employee
who knowingly acquires, directly or. indirectly, any share or interest
in any contract made with, or any work done for, the Corporation,
not being a share or interest such or under clause (l) of sub-section
(1) of section 13 or sub-clauses (ii) and (iii) of clause (c) of sub-section
(2) of that section it is permissible for a Councillor to have, without
being thereby disqualified for being a councillor, shall be deemed
to have committed the offence made punishable under section 168 of
the Indian Penal Code.
390. General. - Whoever, in any
case in which a penalty is not expressly provided by this Act, fails
to comply with any notice, order or requisition issued under any provision
thereof, or otherwise contravenes any of the provisions of this Act,
shall be punishable without fine which may extend to one hundred rupees,
and in the case of a continuing failure of contravention with an additional
fine which may extend to twenty rupees for every day after the first
during which he has persisted in the failure or contravention.
391. Offences of companies. (
1 ) Where an offence under this Act has been committed by a company,
every person who, at the time of offence was committed, was incharge
of and was responsible to, the company for the conduct of the business
of the company, as well as the company, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to-any punishment provided in this Act if he proves
that the offence was committed without his knowledge or that he exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section ( 1 ) where
an offence under this Act has been committed by a company and it is
proved that of- fence has been committed with the consent or connivance
of or is attributable to any neglect on the part of, any director,
manager secretary or other officer of the company, such director,
manager secretary or other of ricer shall also be deemed to be guilty
of that offence and shall be liable to be proceeded against and punished
accordingly. Explanation.. For the purposes of this section, -
(a) "company" means a body corporate, and includes a firm
or other association of individuals; and
(b) "director" in relation to a firm means a partner in the firm.
392, Police establishments. {
1 ) Every Corporation shall, unless relieved of this obligation by
the Government, maintain a sufficient police establishment for police
requirements within the City and for the performance of the duties
imposed on it by this Act.
(2) The establishment maintained under sub-section (1)shall consist
of part of the general police force under the Government within the
meaning of section 2 of the Police Act, 1961 and shall consist of
such number of officers and men who shall respectively receive such
pay. leave, allowances, gratuities and pensions as the Corporation
may from time to time after consulation with the Inspector General
of Police, and subject to the final decision of the Government direct.
(3) The Government may relieve any Corporation of the whole or part
of the cost of the police establishment, and may enter into
a contract with the Corporation on such terms as may be agreed on,
that, in consideration of such relief, the corporation shall pay periodically
a sum not exceeding the amount thereof, or undertake any services
within the City to which the Corporation fund can properly be applied,
and which are estimated to cost not more than the amount of the relief.
(4) When a Corporation has been relieved under this section of the
whole or part of the cost of the police establishment which it is
required to maintain, the Government shall maintain such police establishment
as it shall consider necessary, and the establishment so maintained
shall consist of a part of the General Police Force under the Government
within the meaning of section 2 of the Police Act, 1861.
·
{5) The Government may, nothwithstanding anything contained in the
Police Act, 186 l, or in any other Act for the time being in force,
define, subject to the provisions of this Act the duties which the
officers and men of the police establishment may be required to perform.
393. Arrest of Offenders. - {1)
Any police officer in my arrest any person who commits in his view
any offence against this Act or against any rule, regulation or bye-law
made thereunder if -
(a) the name and address of such person be unknown to
him, and
(b) such person on demand declines to give his name and address
or gives a name and address whichsuch officer has reason to believe
to be false.
{2) No person so arrested shall be detained in custody after his true
name and address are ascertained or, without the order of the nearest
Magistrate, or a period 19nger than twenty-four hours from the time
of arrest exclusive of the time necessary for the journey from the
place of arrest to the court of such magistrate.
{3) It shall be the duty of all police officers to give immediate
information to the Commissioner or any other appropriate Corporation
officer of the commission of, or the attempt, to commit any offence
against this Act or any rule, regulation or bye-law made thereunder
and to assist all Corporation officers and other Corporation employees
in the exercise of their lawful authority.
394. Power to institute etc., legal proceedings
and obtain legal advice.
The Commissioner may -
(a) take, or withdraw from, proceedings against any person who is
charged with -
{i) any offence against this Act or any rule regulation
of bye-law made there- under; or
ii) any offence which affects or is likely to affect any property
or interest of e Corporation or the due administration of this Act;
or
iii) committing any nuisance whatsoever;
(b) contest or compromise any appeal against rateable value or assessment
of any tax or rate;
(c) take, or withdraw from or compromise, proceedings under sections
378, 379 and 380 for the recovery of expenses or compensation claimed
to be due to the Corporation;
{d) withdraw or compromise any claim for a sum not exceeding one thousand
rupees against any person.
(e) defend any suit or other legal proceeding brought against the
Corporation or against the. Commissioner or a Corporation officer
or other Corporation employee in respect of anything done or omitted
to be done by any one of them in his official capacity;
(f) with the approval of the Corporation, admit or compromise any
claim, suit or other legal proceeding brought against the Corporation
or against the Commissioner or any Corporation officer or other Corporation
employee in respect of anything done or omitted to be done as aforesaid;
(g) withdraw or compromise any claim against any person in respect
of a penalty payable under contract entered into with such person
by the Commissioner on behalf of the Corporation
(h) institute and prosecute any suit or other legal proceeding or
with the approval of the Corporation withdraw from or compromise any
suit or any claim for any sum not exceeding five hundred rupees which
has been instituted or made in the name of the Corporation or of the
Commissioner:
(1) obtain such legal advice and assistance as he from time to time
thinks necessary- or expedient to obtain or as he may be required
by the Corporation to obtain for any of the purposes mentioned in
the foregoing clauses or for securing lawful exercise or discharge
of any power or duty vesting in or imposed upon any municipal authority
or any Corporation officer or other Corporation employee.
.394.A. Prosecutions. - Save as
otherwise provided in this Act. no court shall try any offence may
punishable by or under this Act or any rule or any bye-law made thereunder,
except on the complaint of. or upon information received from the
Commissioner. the Executive Officer. the Medical Officer of Health,
the Municipal Engineer (Electricity) or any other officer of the Corporation
authorised by it in this behalf,( Inserted by Punjab Act 12 of 1977)
394-B. Composition of offences. -
(1) The Commissioner. the Executive, Officer. the Medical Officer
of Health, the Municipal Engineer {Electricity) or any other officer
of the Corporation authorised by it in this behalf by a general or
special order or a sub-committee of the Corporation appointed by it
may, either before or after the institution of the proceedings compound
any offence made punishable by or under this Act, or any rule or any
bye-law made there under Provided that no offence shall be compoundable
which is committed by [failure to comply with a notice, order or requisition
issued by or on behalf of any of the municipal authorities specfied
in section 46 unless and until the same has been complied with so
far as the compliance is possible.
(2) Where an offence has compounded, the offender, if in custody,
shall be discharged and no further proceeding all be taken against
him of the offence so compounded.
395. Pretection of action of the Corporation,
etc. - No suit or prosecution shall be entertained in any
court against the Corporation or against the Commissioner or against
any Corporation officer or other corporation employee or against
any person acting under the order or direction of the Corporation,
the Commissioner or an Corporation officer or other Corporation employee,
for anything which is in good faith done or intended to be done. under
this act or any rule. regulation or bye-law made thereunder.
396. Notice to be given of suits.
-
(1.) No suit shah be instituted against the Corporation or against
the Commissioner or against any Corporation of- ricer or other Corporation
employee or against any person acting under the order or direction
of the Corporation or the Commissioner or any Corporation officer
or other Corporation employee in respect of any act done, or purporing
to have been done, in pursurance of this Act or any rule, regulation
or bye-law made thereunder, until the expiration of two months after
notice in writing has been left at the Corporation office and, in
the case of such officer, employee or person unless notice in writing
has also been delivered to him or left at his office or place or residence,
and unless such notice states explicitly the cause of action, the
nature of the relief sought, the amount of compensation claimed, and
the name and place of residence of the intending plaintiff, and unless
the plaint contains a statement that such notice has been so left
or delivered.
(2) No suit, such as is described in sub-section (1) shall, unless
it is a suit for the recovery of immovable property or for a declaration
of title thereto be instituted after the expiry of six months from
the date on which the cause faction arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit
in which the only relief claimed is an injunction on which the object
would be defeated by the giving of the notice or the postponement
of the institution of the suit. |
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