Section 399
― In sub -section (1), omit Parts B, C and D.
Section 399. ― In sub -section (1), omit Parts B, C and D.
For section 407, substitute―
"407. Dissolution of Corporation.―(1) If, in the opinion of the Government, the Corporation is not competent to perform its duties or persistently makes default in the performance of duties imposed on it 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 the Corporation is dissolved under sub-section (1),―
(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 persons 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 the Corporation under sub-section (1), the Government shall reconstitute the Corporation as specified under sub-section (1) of section 4, and election to reconstitute such Corporation shall 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. ‖ .
After section 407, insert―
― 407A. 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 shall be exercised and performed by such persons or authority as the Government may appoint in this behalf.
(2) All properties vested in the Corporation shall till the Corporation remains dissolved and is reconstituted shall vest in and devolve upon the Government. ‖ .
After section 424, insert―
" 424A. Application of the Capital of Punjab (Development and Regulation) Act, 1952 and the Punjab New Capital (Periphery) Control Act, 1952.―Notwithstanding anything contained in this Act, the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952) and of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1952) and the rules, regulations, bye-laws, notifications, orders, scheme, form or notice, made thereunder shall continue to be applicable in relation to the development and regulation of the Union territory of Chandigarh as immediately before the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994. ‖ .
After section 428, insert―
‗ 428A. Special provision as to transferred functions.―(1) In this section ― transferred functions ‖ means such functions of the administration which on the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, become the functions of the Corporation.
(2) On and from the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994 , ―
(a) all stores, articles and other movable properties belonging to the administration immediately before the specified date and utilised for or in connection with the transferred functions shall pass to and vest in the Corporation;
(b) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by the administration immediately before such specified date in connection with the transferred functions shall continue in force and be deemed to have been made, issued or granted by the Corporation unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted by the Corporation;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the administration immediately before such specified date for or in connection with the transferred functions shall be deemed to have been incurred, entered into, engaged to be done by, with or for, the Corporation;
(d) all assessments, valuations, measurements or divisions made by the administration immediately before such commencement or in connection with the transferred functions shall continue in force and be deemed to have been made by the Corporation unless and until they are superseded by any assessment, valuation, measurement or division made by the Corporation;
(e) all rates, taxes, fees, rents and other sums of money due to the administration in relation to the transferred functions immediately before such commencement shall be deemed to be due to the Corporation;
(f) all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions shall, unless and until they are carried by the Corporation continue to be levied at the same rate at which they are being levied by the administration immediately before such commencement;
(g) all suits and transactions and other legal proceedings instituted or which might have been instituted by or against the administration immediately before such commencement for any matter in relation to the transferred functions may be continued or instituted by or against the Corporation;
(h) every officer and other employee serving under the administration immediately before such commencement in connection with the transferred functions shall be transferred to and
become an officer or other employee of the Corporation with such designation as the Corporation may determine and hold office by the same tenure and 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 such tenure, remuneration and terms and conditions are duly altered by the Corporation:
Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to the disadvantage without the previous sanction of the Administrator:
Provided further that the Corporation may employ any such officer or employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly.
(3) As soon as may be after the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, the Administrator shall decide,―
(a) which stores, articles and other movable properties referred to in clause (a) of sub -section (2) have been utilised by the administration for or in connection with the transferred functions;
(b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (c) of the said sub -section have been incurred, entered into, or engaged to be done by, with or for the administration or in connection with the transferred functions;
(c) which officers and other employees referred to in clause (h) of that sub-section served under the administration in connection with the transferred functions. ' .
Omit section 431.
Omit Schedule I.
Third Schedule. ― Omit ― sections 258, 259 (1), 260 (1), 263 (4), 265, 266 (1) and (2), 268, 269, 270, 271, 272 (1) and (2), 273 (1), (2) and (3) and section 274 (1), and the entries there against in the second, third and fourth columns ‖ .
AMENDMENT OF THE CAPITAL OF PUNJAB (DEVELOPMENT AND REGULATION) ACT, 1952
(PUNJAB ACT No. XXVII OF 1952)
For section 7A, substitute―
" 7A. Power to apply certain provisions of Punjab Act 42 of 1976 to Chandigarh.―(1) The Chief Administrator may, from time to time by notification in the Official Gazette, and with the previous approval of the Administrator of the Union territory of Chandigarh, apply to Chandigarh or any part thereof with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976), in so far as such provisions are applicable to Chandigarh.
(2) While exercising the powers or performing the functions under the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976) applied to Chandigarh by a notification under sub -section (1), the Chief Administrator shall be subject to the control of the Administrator and not to that of the Commissioner or Deputy Commissioner.
(3) Notwithstanding the substitution of section 7A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall not―
(a) affect the previous operation of the substituted section or anything duly done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired accured or incurred under the substituted section; or
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against substituted section; affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this substitution has not been made. ‖ .
Roop's Law Assist