PUNJAB TOWN IMPROVEMENT
(AMENDMENT) ACT, 1974 THE PUNJAB TOWN IMPROVEMENT (AMENDMENT) ACT,
1974 [Act No. 07 of 1974] [31st March 1974] An Act to
amend the Punjab Town Improvement Act, 1922 Be it
enacted by the Legislature of the State of Punjab in the Twenty-fifth Year of
the Republic of India as follows:-- (1)
This Act may be called the Punjab Town
Improvement (Amendment) Act, 1974. (2)
The provisions of this Act shall come into
force at once, except section 3 which shall come into force on such date as the
State Government may, by notification, appoint. In
section 2 of the Punjab Town Improvement Act, 1922 (hereinafter referred to as
the 'principal Act'), after clause (1), the following clause shall be inserted,
namely:-- "(1A) "Deputy Commissioner" means the
Deputy Commissioner of the district and includes any other officer, not below
the rank of an Extra Assistant Commissioner, specially appointed by
notification by the State Government to perform the functions of the Deputy
Commissioner under this Act;". In section
4 of the principal Act, for sub-sections (1) and (2), the following
sub-sections shall be substituted, namely:-- (1)
The trust shall consist of eight trustees,
namely:-- (a)
a chairman, (b)
three members of the municipal committee, (c)
three other persons, and (d)
a town planner serving under the State of
Punjab. (2)
The chairman, town planner and three persons
referred to in clause (c) of sub-section (1) shall be appointed by the State
Government by notification: Provided
that if after the commencement of the Punjab Town Improvement (Amendment) Act,
1974, none of the trustees in a trust is a member of Scheduled Castes,
appointment of trustee or trustees, as the case may be, referred to in the
aforesaid clause (c) shall be made in such a manner that one of these is a member
of such Castes.". In
section 4-A of the principal Act, the words and figures "under section 238
'of the Punjab Municipal Act, 1911" shall be and shall always be deemed to
have been omitted. In
section 6 of the -principal Act, the words "and the term of office of a
trustee appointed under clause (d) shall expire when he ceases to hold the
office by virtue of which he is appointed" shall be added at the end. To
section 19 of the principal Act, the following proviso shall be added,
namely:-- "Provided
that in the absence of the Chairman on account of leave or otherwise for a
period exceeding fifteen days his powers under this section shall be
exercisable by the Deputy Commissioner or by an officer, not below the rank of
an Extra, Assistant Commissioner, authorised by the Deputy Commissioner: in
this behalf.". In
section 40 of the principal Act, to sub-section (1), the following proviso,
shall be added, namely"Provided that no scheme shall be abandoned by the
trust without the prior approval of the State Government.". For
section 43 of the principal Act, the following section shall be substituted,
namely:-- "43. Alteration of scheme after sanction.--A scheme
under this Act may be altered by the trust at any time, with the prior approval
of the State Government, between its sanction by the State Government and its
execution.". In
section 56 of the principal Act, to sub-section (1), the following proviso
shall be added, namely:-- "Provided
that no land shall be deemed to be unnecessary for the execution of the scheme,
unless the State Government, after making such enquiry as it may deem fit,
declares it to be so by a notification in the Official Gazette.". In
section 69 of the principal Act, to sub-section (1), the following proviso
shall be added, namely:-- "Provided
that for the purpose of raising loan for its development scheme a trust may
keep the moneys at its credit in such other bank-as "may be approved by
the State Government in this behalf,". After
Chapter VII of the principal Act, the following Chapter shall be inserted,
namely:-- 72-A.
Liability of trustees for surcharge.-- (1)
Every person shall be liable for the loss,
waste or misapplication of any money or other property belonging to a trust, if
such loss, waste or misapplication is reported by the Examiner of Local Fund
Accounts, or other audit authority empowered by the State Government
in this behalf to be a direct consequence of his neglect or misconduct in the
performance of his duties while a trustee; and he may after being given an
opportunity, by notice served in the manner provided for the service of
summonses in the Civil Procedure Code, 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
Deputy 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 Deputy Commissioner shall proceed forthwith to recover
the amount as if it were an arrear of land revenue, and have it credited to the
trust fund. (2)
The person against whom an order under
sub-section (1) is made may, within thirty days of the notification of such
order, appeal to the State 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 be called upon to show cause under this section 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 trustee, whichever period expires later: 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) (5) Nothing in this section shall apply to a Government
employee appointed as a trustee. 72-B. Power to suspend any resolution or order of
trustThe Deputy Commissioner may, by order in writing, suspend the execution of
any resolution or order of a trust or prohibit the doing of any act which is
about to be done, or is being done in pursuance of or under cover of this Act,
or in pursuance of any sanction or permission granted by the trust in the
exercise of its powers under the Act, if, in his opinion, the resolution, order
or act is in excess of the powers conferred by law or contrary to the interests
of the public or likely to cause waste or damage of trust funds or property, or
the execution of the resolution or order, or the doing of the act, is likely to
lead to a breach of the peace, to encourage lawlessness or to cause injury or
annoyance to the public or to any class or body of persons. 72-C. Power to provide for performance of duties in case
of default of trust (1) When the Deputy Commissioner, after due inquiry, is
satisfied that a trust has made default in performing any duty imposed upon it
by this Act, or by any order or rule under this Act, he may, by an order in
writing, fix a period for the performance of that duty ; and, should it not be
performed within the period so fixed, he may appoint some person to perform it,
and may direct that the expense thereof shall be paid by the trust within such
time as he may fix.
Preamble - PUNJAB TOWN IMPROVEMENT
(AMENDMENT) ACT, 1974PREAMBLE