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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Miscellaneous
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408. Delegation. - (1) The Government
may, by notification, delegate all or any of its powers under this
Act, except the power to make rules, to any officer not below the
rank of an Extra Assistant Commissioner subject to such restrictions
and conditions as may be specified in the notification.
(2) The Commissioner may by order direct that any power conferred
or any duty imposed on him by or under this Act shall, in such circumstances
and under such conditions, if any, as may be specified in the order,
be exercised and performed also by any Corporation Officer or other
Corporation employee specified in the order.
409. Validity of notices and other documents.
- No notice, order, requisition, licence, permission
in writing or any other document issued under this Act shall be
invalid merely by reason of defect of form.
410. Admissibility of document or entry
as evidence. - A copy of any receipt, application, plan,
notice, order or other document or of any entry in a register in
the possession of any municipal authority shall, if duly certified
by the legal keeper thereof or other person authorised by the Commissioner
in this behalf, be admissible in evidence of the existence of the
document or entry and shall be admitted as evidence of the matters
and transaction therein recorded in every case where, and to the
same extent to which, the original document or entry would, if produced,
have been admissible to prove such matters and transactions.
411. Evidence of Corporation Officer or
employee. - No Corporation officer or other Corporation
employee shall, in any legal proceedings to which the Corporation
is not a party, be required to produce any register or document
the contents of which can be proved, under section 410 by a certified
copy, or to appear as a witness to prove any matter or transaction
recorded therein save by order of the court made for Special cause.
412. Prohibition against obstruction of
May or any Municipal authority etc. - No person
shall obstruct or molest the Corporation or the Commissioner, the
Mayor or any of the Deputy Mayors, any Councillor or any person
employed by the Corporation or any person with whom the Commissioner
has entered into a contract on behalf of the Corporation, in the
performance of their duty or of anything which they are empowered
or required to do by virtue or in consequence of any provision of
this Act or of any rule regulation or bye-law made thereunder.
413. Prohibition against removal of mark.
- No person shall remove any mark set up for the purpose of
indicating any level or direction incidental to the execution of
any work authorised by this Act or of any rule or bye-law made thereunder.
414. Prohibition against removal or obliteration
of notice. - No person shall, without authority in that
behalf remove, destroy, deface or otherwise obliterate any notice
exhibited by or under orders of the Corporation or any municipal
authority or any Corporation officer or other Corporation employee
specified by the Commissioner in this behalf.
415. Prohibition against unauthorised dealing
with public places or materials. - No person shall, without
authority in that behalf, remove earth, sand or other material or
deposit any matter or make any encroachment from, in, or any
land vested in the Corporation or in any way obstruct the' same.
416. Liability of Councillors. -
(1) Every person shall be liable for the loss, waste or misapplication
of any money or other property belonging to a Corporation, if such
loss, waste or misapplication is reported by the Examiner, Local
Fund Accounts, Punjab to be a direct consequence of his neglect
or misconduct in the performance of his duties as a councillor;
and he may after being given an opportunity, by notice served in
the manner provided for the service of summonses in the Code of
Civil Procedure, 1908, to show cause by written or oral representation
why he Should not be required to make good the loss, be surcharged
with the value of such property or the amount of such money by the
Divisional Commissioner, and if the amount is not paid within fourteen
days from the expiry of the period of appeal prescribed by sub-section
(2) the Collector at the request of the Divisional Commissioner
shall proceed forthwith to recover the amount as if it were an arrear
of land revenue, and have it credited to the Corporation Fund,
(2) The person against whom an order under sub-section (1) is made
may within thirty days of the date of communication of the order
appeal to the Government who shall appoint an officer to hear the
appeal; and the appellate authority shall have the power of confirming,
modifying or disallowing the surcharge:
Provided that no person shall under this section be called upon
to show cause after the expiry of a period of four years from the
occurrence of such loss, waste or misapplication or after the expiry
of one year from the time of his ceasing to be a councillor:
Provided further that nothing in this section shall be deemed to
debar the aggrieved party from seeking a remedy in a Civil Court
against an order made under sub-section (1).
417. Councillors and Corporation Officer
and employees to be public servants. - Every Councillor,
the Commissioner, and every Corporation Officer and other Corporation
employees shall be deemed to be a public servant within the meaning
of section 21 of the Indian Penal Code, and in the definition of
"Legal remuneration" in section 161 of that Code the word "Government"
shall for the purpose of this section, be deemed to include the
Corporation.
418. Annual administration report.
- (1) As soon as may be after the 1st day of April, in every
year and not later than such date as may be fixed by the Government
in this behalf, the Corporation shall submit to the Government a
detailed report of the municipal government of the City during the
preceding year in such form as the Government may direct.
{2) The Commissioner shall prepare such report and the Corporation
shall consider it and forward the same to the Government with its
resolution thereon, if any,
(3) Copies of the report shall be kept for sale at the Corporation
office
419. Other laws not to be disregarded.
- Save as provided in this Act nothing contained in this
Act shall be construed as authorising the disregard by the Corporation
or the Commissioner or any Corporation officer or other Corporation
employee of any law for the time being in force.
420. Construction of references.
- Save as expressly provided in this Act and unless the context
otherwise requires, after the establishment of the Corporation any
reference in any enactment, rule, bye-law, order, scheme. notification
or other instrument having the force of law, to any local authority
having jurisdiction in the City or any part thereof shall, unless
the context or subject otherwise requires, be construed as reference
to the Corporation.
421. Special provisions as to rural areas.
- Notwithstanding anything contained in the foregoing provisions
of this Act,
(a) the Corporation with the previous approval of the Government
may, by notification in the Official Gazette, declare that any portion
of the rural areas shall cease to be included therein and upon the
issue of such notification that portion shall be included in and
form part of the urban areas;
(b) the Corporation with the previous approval of the Government
may, by notification in the Official Gazette.
(i) exempt the rural areas or any portion thereof from
such of the provisions of this Act as it deems fit;
(ii) levy taxes, rates, fees and other charges in the rural area
or any portion thereof at rates lower than those at which such taxes,
rates, fees and other charges are levied in the urban areas or exempt
such areas or portion from any such tax, rate. fee or other charge.
422. Government's power to suspend any resolution
or order of Corporation. - If the Government is of the
opinion that the execution of any , resolution or order of the Corporation
or of any other Municipal authority or employee subordinate thereto
or the doing of any act which is about to be done or is being done
by or on behalf of the Corporation is in contravention of or in excess
of the powers conferred by this Act or of any other law for the time
being in force or is likely to lead to breach of the peace or to cause
injury or annoyance to the public or to any class or body of persons,
the Government may, by order in writing, suspend the execution of
such resolution or order, or prohibit the doing of any such act.
423. Governments power to annul or modify
illegal proceedings. -
The Government may by written order, annual or omit from the records
any proceedings of the Corporation which it considers not to be in
conformity with this Act, or any rules or bye-laws made thereunder
and may do all things necessary to secure such conformity: Provided
that, unless in the opinion of the Government the immediate making
of such order is necessary, it shall before making an order under
this section, give the Corporation an opportunity of showing cause
why such an order should not be made
424. Government's power to withdraw area
of any City from operation of Act. -( 1 ) The Government
may, by notification, withdraw from the operation of this Act the
area of any City constituted thereunder:
Provided that no such notification shall be issued unless the same
has been published for inviting objections and the objections, if
any, have been duly considered.
(3) When a notification is issued under this section in relation to
any City, this Act, all notifications, rules, regulations, bye-laws,
orders, directions and powers issued, made or conferred under this
Act, shall cease to apply to the said area; the balance of the Corporation
Fund and all other property at the time of the issue of the notification
vested in the Corporation shall vest in the Government and the liabilities
of the Corporation shall stand transferred to the Government. |
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