Chapter XII Chapter XII

(1) The Deputy Commissioner or any official not below the rank of Extra Assistant Commissioner authorized in writing by him or any person empowered by the State Government in this behalf by a general or special order, may - (a) enter on, inspect and survey, or cause to be entered on, inspected and surveyed, any immovable property occupied by any committee or joint committee, or any work in progress under its direction; (b) by order in writing addressed to the secretary call for and inspect or cause to be inspected any book or document in the possession or under the control of any committee or joint committee and the member or servant of the committee in possession of such book or document shall immediately place such book or document at the disposal of the secretary, who shall immediately comply with such order and shall immediately inform the President of the requisition. He shall also bring the matter to the notice of the committee at its meeting next following; (c) by order in writing addressed to the secretary require any such committee or joint committee to furnish within a special period such statements, accounts, reports and copies of documents relating to the proceedings or duties of the committees as he may think fit to call for; (d) inquire generally into the affairs of a committee or joint committee with a view to ascertaining whether a municipality is being satisfactorily administered, and for the purposes of such inquiry make use of any property of the committee, and of the powers mentioned in clauses (a), (b) and (c), and the members, officers, and servants of the committee shall tender such assistance in the enquiry as may be deemed necessary. Explanation. Any person so empowered shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (2) Deputy Commissioner may record in writing for the consideration of any such committee or joint committee any observations that he may think proper in regard to the proceedings or duties of the committee. (3) Every committee shall submit such periodical reports to the Deputy Commissioner or other authority as the State Government may direct.

The Deputy Commissioner may, by order in writing, suspend the execution of any resolution or order of a committee, or joint committee 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 committee 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 municipal 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 person.

Extraordinary power of Deputy Commissioner in cases of emergency. (1) In case of emergency the Deputy Commissioner may provide for the execution of any work, or the doing of any act which a committee is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the committee. (2) Should the expense be not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense, or so much thereof as may from time to time be possible, from that balance, in priority to all other charges against the same.

Power to provide for performance of duties. (1) When the Deputy Commissioner, after due inquiry is satisfied that a committee 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 within such time as he may fix by the committee. (2) Should the expense be not so paid, the Deputy Commissioner may make an order directing the person having the custody of the balance of the municipal fund to pay the expense, or so much there of as may from time to time be possible, from that balance in priority to all other charges against the same. (3) [Omitted] he shall forthwith forward to the State Government a copy thereof, with a statement of the reasons for making it and with such explanation, if any, as the committee may wish to offer, and the State Government may thereupon confirm, modify or rescind the order.

Action of Deputy Commissioner to be immediately reported. When the Deputy Commissioner makes any order under Section 232, section 233 or section 234, he shall forthwith report the same to the Commissioner.

(1) The State Government and Deputy Commissioners, acting under the orders of the State Government, shall be bound to require that the proceedings of the committees shall be in conformity with law and with the rules in force under any enactment for the time being, applicable to Punjab generally or the area over which the committee have authority. (2) The State Government may exercise all powers necessary for the performance of this duty, and may among other things, by order in writing, annul or modify any proceeding which it may consider not to be in conformity with law or with such rules as aforesaid, or for the reasons which would in its opinion justify an order by the Deputy Commissioner under Section 232. (3) The Deputy Commissioner may within his jurisdiction for the same purpose exercise such powers as may be conferred upon him by rule made in this behalf by the State Government.

General powers of State Government over officers. Notwithstanding any thing in this Act, the State Government shall have the power of reversing or modifying the order of any officer of the State Government passed or purporting to have been passed under this Act, if it considers it to be not in accordance with the said Act or the rules or to be for any reason inexpedient, and generally for carrying out the purposes of this Act the State Government shall exercise over its officers all powers of superintendence, direction and control.

238-A. Omitted.

Disputes. (1) If any dispute, for the decision of which this Act does not otherwise provide, arises between two or more committees constituted under this Act, or between any such committee and a district board or cantonment authority, the matter shall be referred— (a) to the Deputy Commissioner if the local authorities concerned are in the same district; (b) [omitted] (c) to the State Government if the local authorities concerned are in different district. (2) The decision of the authority to which any dispute is referred under this section shall be final. Provided that where a dispute referred to the State Government under clause (c) of sub-section (1) is between a committee and a cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government. (3) If, in the case mentioned in clause (a), the Deputy Commissioner is a member of one of the committees or boards concerned, his functions under the section shall be discharged by the State Government.

(1) The State Government may frame forms for any proceeding of a committee and may make any rules consistent with this Act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power may make rules— (a) with respect to the powers and duties of committees in municipalities of the first, second and third class, respectively; (b) as to the division of municipalities into wards, or of the inhabitants into classes, or both; (c) as to the number of representatives proper for each ward or class; (d) to (h) [omitted by Act 11 of 1994] (i) prescribing the qualifications requisite in the case of persons appointed by a committee to offices requiring professional skill; (j) as to the priority to be given to the several duties of the committee; (k) as to the authority on which money may be paid from the municipal fund, and as to the management and regulation of provident funds established under section 43; (l) as to the appointment, promotion, suspension, reduction, fining and dismissal of municipal watchmen; (m) as to formation and working of municipal fire-brigades; and the provision of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades; (n) as to procedure to be observed for the employment, punishment, suspension or removal of officers and servants of the committee and as to appeals from orders of punishment or removal; (nn) the manner of constitution of municipal services, the classification, method of recruitment and the conditions of service of persons appointed to such services; (o) as to the conditions on which property may be acquired by the committee or on which property vested in the committee may be transferred by sale, mortgage, lease, exchange or otherwise; (p) as to the intermediate office or offices, if any, through which correspondence between committees or members of committees and the State Government or officers of that Government shall pass: (q) for the preparation of plans and estimates for works partly or wholly to be constructed at the expense of committees, and for the preparation and periodical revision of maps and registers made under sub-section (3) of section 56 and for the authorities by which and the conditions, subject to which such plans, estimates, maps and registers are to be prepared and sanctioned; (qq) for the regulation of contracts with electric supply companies for the supply of electrical energy; (r) for the assessment and collection of, and for the compounding for refunding or limiting refunds of taxes imposed under this Act, and for preventing evasion of the same; and for fixing the fees payable for notices of demand; (s) as to conditions on which a municipal committee may receive animals or articles into a bonded-warehouse and as to the agreements to be signed by traders or others wishing to deposit animals or articles therein; (t) as to the accounts to be kept by committees, as to the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this Act, as to the manner in which such accounts are to be audited and published, and as to the power of the auditors in respect of disallowance and surcharge; (u) as to the preparation of estimates of income and expenditure of committees, and as to the persons by whom and the conditions subject to which, such estimates may be sanctioned; (v) as to the returns, statements and reports to be submitted by committees; (w) as to the powers to be exercised by Deputy Commissioners under section 236 and the powers to be exercised by such Local Self Government Board or Inspectore as the State Government may establish; (x) as to the language in which business shall be transacted, proceedings recorded and notices issued; (y) as to the publication of notices; (z) to regulate the proceedings of persons empowered to accept composition under section 229 for alleged offences; and (zi) mode of assessment, appointment of compensation under Section 154-B amongst, and payment, to the persons entitled thereto; (zii) mode of communication of the order under section 154-B to the person effected thereby; (ziii) the manner in which the compost is to be made; (zz) generally for the guidance of committees and public officers in carrying out the purposes of this Act; (zzz) for the same purposes as those for which a committee may make bye-laws under the provisions of sections 31, 188, 189, 190 or 197); (2) The rules made under sub- section (1) may among other matters provide,— (i) for reservation of seats in a Municipality under section 8; (ii) for determining the number of elected members under clause (3) (i) of section 12; (iii) for specifying the authority and the manner under sub-section (2) of section 16-A; and (iv) for filing a statement under sub-section (3) of section 73; (3) The Municipal Account Code at present in operation in the municipalities of the state shall be deemed to have been made in pursuance of the powers conferred upon Government by sub-section (1) of this section. (4) In making rules clauses (m) and (n) of sub section (l), the State Government may direct that a breach of any provision thereof shall be punished with fine which may extend to Rs. 500. (5) All rules made under this Act shall be subject to previous publication. (6) A rule under this section may be general for all municipalities or for all municipalities not expressly excepted from its operation, or may be special for the whole or any part of any one or more municipalities as the State Government directs. (7) Notwithstanding anything hereinbefore contained the State Government shall not make rules under clause (zzz) of sub-section (1) for a municipality unless the committee has been required by the State Government to make bye-laws under section 31, section 188, section 189, section 190 or section 197, and has failed to make any such bye-laws, or having made them has failed to obtain their confirmation by the State Government as required by sub-section (1) of section 201 within nine months of the date of the order of the State Government requiring them to be made, and any rules made by the State under clause (zzz) of sub-section (1) shall have effect as if they were, and shall be deemed for all purposes to be, bye-laws made by the committee.