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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Transitory provisions, repeals and amendment
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425. Constructions of references in other
enactment. - In any enactment other than the Punjab Municipal
Act. 1911 in force on the date immediately preceding the appointed
day in the City or in any rule, order or notification made or issued
thereunder and in force on such date in the said City unless a different
intention appears
(a) references to municipalities and municipal committees constituted
under the Punjab Municipal Act, 191 l. shall be construed as references
to the City or to the Corporation of the said City, as the case
may be and such enactment rule. order or notification shall apply
to the said City or Corporation:
(b) references to the President or the Vice-President of the municipal
committee constituted under the Punjab Municipal Act, 1911, shall
be construed In respect of the City as reference to the Commissioner
appointed under this Act:
(c) references to the members of a municipal committee constituted
under the Punjab Municipal Act. 1911, shall in respect of the City
be construed as references to the members of the Corporation constituted
under this Act for the City: ands
(d) references to any chapter or section of the Punjab Municipal
Act, 1911, shall as far as possible be construed in respect of the
City as references to this Act or its corresponding chapter or section.
426. Sums due. All sums due
to the municipal committee or local authority for the area which
has been constituted a City or which has been included in a city,
whether on account of any tax or any other account, shall be recoverable
by the Commissioner of the Corporation and for the purpose of such
recovery he shall be competent to take any measure or institute
any proceeding which it would have been open to the said municipal
committee or local authority 'to take or institute, if this act
had not come into operation and the said area had not been constituted
to be a City or included in a City, as the case may be.
427. Assets, liabilities, debts, obligations,
'contracts and pending proceedings. - (1) All assets
and properties vesting in, all debts, liabilities and obligations
incurred by, and all contracts made by or on behalf of, the municipal
committee or local authority for the area which has been constituted
to be a City or which has been included in a City and subsisting
on the day on which it is so constituted or included shall, in so
far as they relate to the area so constituted or included, be deemed
to have been vested in, to have been incurred and made by, the Corporation
and shall continue in operation accordingly.
{2) All proceedings pending before any authority of the said municipal
committee or local authority on the said day which under the provisions
of this Act are required to be instituted before or undertaken by
the Commissioner shall be transferred to and continued by him and
all other such proceedings shall, in so far may be, be transferred
to and continued by such authority before or'by whom they have to
be instituted or undertaken under the provisions of this Act.
(3) All appeals pending before any authority of the said municipal
committee or local authority on the said day shall, so far as may
be practicable, be disposed of as if the area was constituted to
be a City or included in a City when they were filed.
{4) All prosecutions instituted by or on behalf of the said municipal
committee or local authority and all suits and other legal proceedings
instituted by or against the said municipal committee, local authority
or any officer of the said municipal committee or local authority
pending on the said day shall, in so far as these relate to the
area constituted to be a City or included in a City, be constituted
by or against the Commissioner or the Corporation for the said City,
as the case may be, as if the area was constituted to be a City
or included in a City when such prosecution, suit or proceeding
was instituted.
428. Continuation of appointments, taxes,
budget estimates, assessments, etc. - Save as expressly provided
otherwise in this Act,-
{a) any appointment, delegation, notification, notice, tax, order,
direction, scheme, licence, permission, registration, rule, bye-law,
regulation, form made, issued imposed or granted under the Punjab
Municipal Act, 1911, or any other law in force in any local area
constituted to be a City or included in a City, immediately before
the appointed day shall, in so far as it is not inconsistent with
the provisions of this Act, continue in force until it is superseded
by any appointment, delegation, notification, notice, tax, order,
direction, scheme, licence, permission, registration, rule, bye-law
or form made, issued, imposed or granted under this Act or any other
law as aforesaid, as the case may be;
(b) all proceedings for acquisition of land whether in pursuance
of any scheme of improvement or otherwise initiated under the Punjab
Municipal Act, 1911 or any other enactment applicable to the area
included in the City 'may be continued as if these had been initiated
under this Act;
(c) all budget estimates, assessments, valuations, measurements
and divisions made under the Punjab Municipal Act, 1911, or any
other law in force in any area constituted to be a City or included
in a City immediately before the appointed day shall, in so far
as they are consistent with the provisions of this Act, be deemed
to have been made under this Act;
{d) every officer and other employee serving immediately before
the appointed day under the municipal committee for the area which
has been constituted to be a City, other than those referred to
in subsection (1) of section 71, shall be transferred to and become
an of- ricer or other employee of the Corporation with such designation
as the Commissioner may determine and hold office by the same tenure,
at the same remuneration and on the same terms and conditions of
service as he would have held the same If the Corporation had not
been established and shall continue to do so unless and until his
employment in the Corporation is duly terminated or until the remuneration,
terms or conditions of service fire duly revised by the Corporation:
Provided that the conditions of service applicable to them immediately
before the appointed day shall not be varied to their disadvantage
except with the previous approval of the Government.
429. Provision for municipal committee
or local authority which is superseded or dissolved. - Any
reference in the foregoing sections to a municipal committee or
a local authority shall, in case such municipal committee or a local
authority has been superseded or placed under the charge of an administrator
under any enactment made for that purpose be deemed to be a reference
to the person or persons appointed to exercise the powers or to
perform the functions of such municipal committee or local authority
under any law relating to such municipal committee or local authority.
430. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions
of this Act or by reason of anything contained in this Act to any
other enactment for the time being in force, the Government may,
as occasion requires by order direct that this Act shall during
such period as may be specified in the order but not extending beyond
the expiry of two years from the appointed day have effect subject
to such adaptations whether by way of modification, addition or
omissions as it may deem to be necessary and expedient.
431. Repeal. - The Punjab Municipal
Act, 1911, the Punjab Municipal (Executive Officers) Act, 1931,
the Punjab Gram Panchayat Act, 1952 and the Punjab Panchayat Samitis
and Zila Parishads Act, 1961, shall stand repealed in the. area
constituted to be a City or included in a City with effect from
the day on which it is so constituted or included.
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