|
THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
|
|
Municipal Authority Under
Corporation
|
46.
Municipal authorities :-
The municipal authorities charged with carrying out the provisions
of this Act shall be -
(a) the Corporation;
(b) the Finance and Contract Committee; and
(c) the Commissioner.
47. Appointment of Commissioner
:- (1) The Government
shall, by notification in the Official Gazette, appoint a Class I
officer, of the Government a minimum service as such of ten years
as the Commissioner of the Corporation.
(2) Subject to the provisions of Section (3), the Commissioner so
appointed shall hold office for a term of three years in the first
instance:
Provided further that his appointment may be renewed for a term not
exceeding three years:
Provided further that no officer Who has attained such age of super
annuation as may from time to time be fixed by the Government shall
be appointed or continue as Commissioner.
(3) The Government -
(a) shall recall the Commissioner fiat
a special meeting of the Corporation called for the purpose a resolution
for such recall has been passed by a majority of not less than two-thirds
of the total number of members;
(b)may recall the Commissioner at any time during the term of his
appointment by giving a notice of at least one month to the Corporation.
48. Salary and allowances
of Commissioner :-
The Commissioner shall be paid out of the Corporation Fund
such monthly salary and such monthly allowances, if any. as may from
time to time be fixed by the Government and may be given such facilities
{if any) in relation to residential accommodation,
conveyance and the like as may from time to time be fixed by the Government.
49. Leave of absence of Commissioner
:- { 1 ) Leave may
be granted to the Commissioner by the Government.
(2) Whenever such leave is granted to the Commissioner the Government
shall appoint another person to officiate as Commissioner in his place.
50. Appointment of officiating Commissioner
in case of death, resignation or removal of Commissioner
:- If any vacancy
occurs in the office of the Commissioner on account of death, resignation
or removal, the
Government may appoint another person to officiate as Commissioner
in his place for a term not exceeding two months, pending the appointment
of a Commissioner under Section 47.
51. Contribution by Corporation
:- The Corporation
shall make such contribution towards leave, allowances, pension and
provident fund of the Commissioner as may be required by the conditions
of his service under the Government.
52. Functions of Commissioner
:- Save as otherwise
provided in this Act, the entire executive power for the purpose of
carrying out the provisions of this Act and of any other Act for the
time being in force which confers any power or imposes any duty on
the Corporation, shall vest in the Commissioner who s hall also
{a) exercise all the powers and perform all the duties specifically
conferred or imposed upon him by this Act or by any other law for
the time being in force
(b) prescribe the duties of and exercise supervision and control over
the acts and proceedings of all Corporation officers and other Corporation
employees, and subject to any rules that may be made under
section 7 l, dispose of all questions relating to the service of the
said officers and other employees and their pay, privileges, allowances
and other conditions of service;
(c) on the occurrence or threatened occurrence of any sudden accident
or any unforeseen event or natural calamity involving or likely to
involve extensive damage to any property of the Corporation, or
danger to human life, take such immediate action as he considers necessary
and make a report forthwith to the Corporation of the action he has
taken and the reasons for the same as also of the amount of cost.
if any, incurred or likely to be incurred in consequence of such action,
which is not covered by a budget-grant.
53. Power of Corporation to require Commissioner
to produce documents and furnish returns, reports, etc
:- ( 1 ) The Corporation
may at any time require the Commissioner -
(a)to produce any record, correspondence,
plan or other document which is in his possession or under his control
as Commissioner or which is recorded or fried in his office or in
the office of any Corporation officer or other Corporation employee
subordinate to him;
(b)to furnish any return, plan, estimate, statement, account of
statistics concerning or connected with any matter pertaining to
the administration of this Act or the municipal Government of the
City;
,(c) to furnish a report by himself or to obtain from any Corporation
officer or other employee subordinate to him and furnish with his
own remarks thereon, a report, upon any subject concerning or connected
with the administration of this Act or the municipal Government
of the City.
(2) Every such requisition shall be complied
with by the Commissioner without any unreasonable delay; and it shall
be incumbent on every Corporation officer and other Corporation employee
to obey any order made by the Commissioner in pursuance of any such
requisition:
Provided that the Commissioner shall not be bound to comply with any
such requisition If with the previous approval of the Mayor he makes
a statement that such compliance would be prejudicial to public interest
or to the interests of the Corporation.
54. Exercise of powers to be subject to sanction
:-
Save as otherwise provided in this Act. the exercise
of any power or the performance of any duty conferred or imposed upon
the Corporation or any municipal authority by or under this Act, which
will involve expenditure, shall be subject to the following conditions,
namely :-
(a)that such expenditure, in so far as it is to be incurred in the
year in which such power is exercised or duty performed, shall be
provided for under a current budget grant; and
(b)that if the exercise of such power or the performance of such duty
involves or is likely to involve expenditure for any period or at
any time after the close of the said year, such expenditure shall
not be
incurred without the sanction of the Corporation, if it is incurred
at any time after the next following year. |
| |
| |
 |
| |
|
|
| |
|
| |
|
|
|
