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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Control
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403. Power of Government to require production
of documents. - The Government may at any time require
the Commissioner -
(a) to produce any record, correspondence, plan or other document
in his possession or under his control;
(b) to furnish any return, plan, estimate, statement, account or statistics
relating to the proceedings, duties or works of the Corporation or
any of the municipal authorities:
(c) to furnish or obtain and furnish any report.
404. Inspection. - The Government
may depute any of its officers to inspect or examine any municipal
department or office or any service or work undertaken by the Corporation
or any of the municipal authorities or any property belonging to the
Corporation and to report thereon and the Corporation and every municipal
authority and all Corporation officers 'and other Corporation employees
shall be bound to afford the officer so deputed access at all reasonable
times to the premises and properties of the Corporation and to all
records, accounts and other documents the inspection of which he may
consider necessary to enable him to discharge his duties.
405. Directions by Government. -
If, whether on receipt of any information or report obtained under
section 403 or section 404 or otherwise, the Government is of opinion
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{a) that any duty imposed on the Corporation or any municipal authority
by or under this Act has not been performed or has been performed
in an imperfect, insufficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance
of any such duty; it may direct the Corporation or the Commissioner,
within such period as it thinks fit, to make arrangements to its satisfaction
for the proper performance of duty, or, as the case may be, to make
financial provision to its
satisfaction for the performance of the duty and the corporation or
the Commissioner concerned shall comply with such direction:
Provided that, unless in the opinion of the Government the immediate
execution of such order necessary, it shall, before making any
direction under this section, give the Corporation or the Commissioner
an opportunity of showing cause why such direction should not be made.
406. Power to provide for enforcement of
direction under section 405. - If, within the period fixed
by a direction made under sub-section {l) of section 405, any action
the taking of which has been directed under that sub-section has not
been duly taken, the Government may make arrangements for the taking
of such action and may direct that all expenses connected .therewith
shall be defrayed out of the Corporation Fund.
407. Dissolution of Corporation.(Substituted
by Act of 1994) (1) If in the opinion of the. Government, a
Corporation is not competent to perform its duties or persistently
makes default in the performance of duties imposed on R by or under
this Act or any other law for the time being in force or exceeds or
abuses any of its powers, the Government may, by an order published,
alongwith the reasons therefor, in the Official Gazette, dissolve
such Corporation: Provided. that the Corporation shall be given
a reasonable opportunity of being heard before its dissolution.
{2) When a Municipal Corporation is dissolved under sub-section (1),
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{i) all Councillors of the Corporation shall vacate their
offices forthwith;
(ii) all powers and duties of the Corporation during its dissolution
shall be exercised and performed by such person or authority, as
the Government may, by notification, appoint in this behalf; and
(iii) all property in possession of the Corporation shall be held
by the Government.
(3) Upon dissolution of a Corporation under sub-section (1), the Government
shah reconstitute a Corporation as specified under sub-section {2)
of Section 3, and election to reconstitute such Corporation shah be
completed before the expiration of a period of six months from the
date of dissolution:
Provided that where the remainder of the period for which the dissolved
Corporation would have continued, is less than six months, it shall
not be necessary to hold any election under this sub-section for reconstituting
the Corporation for such period.
{4) The Corporation reconstituted upon the dissolution of the existing
Corporation before the expiration of its duration, shall continue
only for the remainder of the period for which the dissolved Corporation
would have continued under section 7 had it not been so dissolved.
407-A. Appointment of a person to carry out
the work of Corporation in certain cases.
(1) All powers and duties of the Corporation may, till it remains
dissolved and is reconstituted, or in the case of a Corporation constituted
after the commencement of the Punjab Municipal Corporation (Amendment)
Act, 1994, under sub section {4) of section 7, shall be exercised
and performed by such person or authority as the Government may appoint
in this behalf.
(2) All properties vested in the Corporation shall tiff the Corporation
remains dissolved and is reconstituted, Shall vest in and devolve
upon the Government. |
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