Schedule I

Control Section 403 403. Power of Government to require production of documents. - The Gov- ernment may at any time require the Commissioner - (a) to produce any record, correspondence, plan or other document in his pos- session or under his control; (b) to furnish any return, plan, estimate, statement, account or statistics relat- 160 Punjab Municipal Corporation Act, 1976, Section 400 ing to the proceedings, duties or works of the Corporation or any of the mu- nicipal authorities; (c) to furnish or obtain and furnish any report. Section 404 404. Inspection. - The Government may depute any of its officers to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every municipal authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the prem- ises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties. Section 405 405. Directions by Government. - If, whether on receipt of any information or report obtained under section 403 or 404 or otherwise, the Government is of opin- ion - (a) that any duty imposed on the Corporation or any municipal authority by or under this Act has not been performed or has been performed in an imper- fect, insufficient or unsuitable manner, or (b) that adequate financial provision has not been made for the performance of any such duty; it may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provision to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction : Provided that, unless in the opinion of the Government the immediate execu- tion of such order is necessary, it shall, before making any direction under this section, give the Corporation or the Commissioner an opportunity of showing cause why such direction should not be made. Section 406 406. Power to provide for enforcement of direction under section 405. - If, within the period fixed by a direction made under sub-section (1) of section 405, any action the taking of which has been directed under that sub-section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund. Section 407 1[407. Dissolution of Corporation. (1) If in the opinion of the Government, a 1. Substituted by Act of 1994. 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 Punjab Municipal Corporation Act, 1976, Section 404161 may, by an order published, alongwith the reasons therefor, in the Official Ga- zette, dissolve such Corporation : Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution. (2) When a Municipal 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 ex- ercised and performed by such person 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 Govern- ment. (3) Upon dissolution of a Corporation under sub-section (1), the Government shall reconstitute a Corporation as specified under sub-section (2) of Section 3, and election to reconstitute such Corporation shall be completed before the expi- ration of a period of six months from the date of dissolution: Provided that where the remainder of the period for which the dissolved Cor- poration would have continued, is less than six months, it shall not be nec- essary 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 Corpora- tion before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Corporation would have continued under sec- tion 7 had it not been so dissolved. Section 407-A 407-A. 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, or in the case of a Corporation constituted after the commencement of the Punjab Municipal Corporation (Amendment) Act, 1994, under sub-section (4) of section 7, shall be exercised and performed by such per- son 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.’’ Miscellaneous Section 408 408. 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. 162 Punjab Municipal Corporation Act, 1976, Section 407-A Section 409 409. 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. Section 410 410. 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 ad- mitted 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. Section 411 411. Evidence of Corporation Officer or employee. - No Corporation officer or other Corporation employee shall, in any legal proceedings to which the Cor- poration 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. Section 412 412. Prohibition against obstruction of Mayor 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 any- thing 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. Section 413 413. 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 there- under. Section 414 414. 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. Section 415 415. Prohibition against unauthorised dealing with public place or mate- rials. - 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. Section 416 416. Liability of Councillors. - (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Corpora- tion, 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 Punjab Municipal Corporation Act, 1976, Section 409163 performance of his duties as a councillor; and he may after being given an oppor- tunity, 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 Divi- sional 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 ag- grieved party from seeking a remedy in a Civil Court against an order made under sub-section (1). Section 417 417. Councillors and Corporation Officer and employees to be public ser- vants. - 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. Section 418 418. 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 Gov- ernment 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 con- sider 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. Section 419 419. 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 Cor- poration or the Commissioner or any Corporation officer or other Corporation employee of any law for the time being in force. Section 420 420. 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 164 Punjab Municipal Corporation Act, 1976, Section 417 City or any part thereof shall, unless the context or subject otherwise requires, be construed as reference to the Corporation. Section 421 421. Special provisions as to rural areas. - Notwithstanding anything con- tained in the foregoing provisions of this Act, - (a) the Corporation with the previous approval of the Government may, by no- tification 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 no- tification in the Official Gazette, - (i) exempt the rural areas or any portion thereof from such of the provi- sions 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 por- tion from any such tax, rate, fee or other charge. Section 422 422. Government’s power to suspend any resolution or order of Corpora- tion. - 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 subor- dinate 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. Section 423 423. Government’s power to annul or modify illegal proceedings. - The Govt. 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 sec- tion, give the Corporation an opportunity of showing cause why such an order should not be made. Section 424 424. 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 Punjab Municipal Corporation Act, 1976, Section 421165 the notification vested in the Corporation shall vest in the Government and the li- abilities of the Corporation shall stand transfered to the Government. Transitory Provisions, Repeals and Amendments Section 425 425. Constructions of references in other enactment. - In any enactment other than the Punjab Municipal Act, 1911 in force on the date immediately pre- ceding the appointed day in the City or in any rule, order or notification made or issued thereunder and in force on such date in the said City unless a different in- tention appears- (a) references to municipalities and municipal committees constituted under the Punjab Municipal Act, 1911, shall be construed as references to the City or to the Corporation of the said City, as the case may be and such en- actment rule, order or notification shall apply to the said City or Corpora- tion; (b) references to the President or the Vice-President of the municipal commit- tee constituted under the Punjab Municipal Act, 1911, shall be construed in respect of the City as reference to the Commissioner appointed under this Act; (c) references to the members of a municipal committee constituted under the Punjab Municipal Act, 1911, shall in respect of the City be construed as references to the members of the Corporation constituted under this Act for the City; and (d) references to any chapter or section of the Punjab Municipal Act, 1911, shall as far as possible be construed in respect of the City as references to this Act or its corresponding chapter or section. Section 426 426. Sums due. - All sums due to the municipal committee or local authority for the area which has been constituted a City or which has been included in a city, whether on account of any tax or any other account, shall be recoverable by the Commissioner of the Corporation and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the said municipal committee or local authority to take or institute, if this act had not come into operation and the said area had not been constituted to be a City or included in a City, as the case may be. Section 427 427. Assets, liabilities, debts, obligations, contracts and pending proceed- ings. - (1) All assets and properties vesting in, all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of, the municipal committee or local authority for the area which has been constituted to be a City or which has been included in a City and subsisting on the day on which it is so constituted or included shall, in so far as they relate to the area so constituted or included, be deemed to have been vested in, to have been incurred and made by, the Corpora- tion and shall continue in operation accordingly. (2) All proceedings pending before any authority of the said municipal commit- 166 Punjab Municipal Corporation Act, 1976, Section 425 tee or local authority on the said day which under the provisions of this Act are re- quired to be instituted before or undertaken by the Commissioner shall be transferred to and continued by him and all other such proceedings shall, in so far may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act. (3) All appeals pending before any authority of the said municipal committee or local authority on the said day shall, so far as may be practicable, be disposed of as if the area was constituted to be a City or included in a City when they were filed. (4) All prosecutions instituted by or on behalf of the said municipal committee or local authority and all suits and other legal proceedings instituted by or against the said municipal committee, local authority or any officer of the said municipal committee or local authority pending on the said day shall, in so far as these relate to the area constituted to be a City or included in a City, be constituted by or against the Commissioner or the Corporation for the said City, as the case may be, as if the area was constituted to be a City or included in a City when such prose- cution, suit or proceeding was instituted. Section 428 428. Continuation of appointments, taxes, budget estimates, assessments, etc. - Save as expressly provided otherwise in this Act,- (a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, regulation, form made, issued imposed or granted under the Punjab Municipal Act, 1911, or any other law in force in any local area constituted to be a City or in- cluded in a City, immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be; (b) all proceedings for acquisition of land whether in pursuance of any scheme of improvement or otherwise initiated under the Punjab Municipal Act, 1911 or any other enactment applicable to the area included in the City may be continued as if these had been initiated under this Act; (c) all budget estimates, assessments, valuations, measurements and divisions made under the Punjab Municipal Act, 1911, or any other law in force in any area constituted to be a City or included in a City immediately before the appointed day shall, in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act; (d) every officer and other employee serving immediately before the ap- pointed day under the municipal committee for the area which has been constituted to be a City, other than those referred to in sub-section (1) of section 71, shall be transferred to and become an officer or other employee of the Corporation with such designation as the Commissioner may deter- mine and hold office by the same tenure, 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 un- less and until his employment in the Corporation is duly terminated or until Punjab Municipal Corporation Act, 1976, Section 428167 the remuneration, terms or conditions of service are duly revised by the Corporation: Provided that the conditions of service applicable to them immediately before the appointed day shall not be varied to their disadvantage except with the previous approval of the Government. Section 429 429. Provision for municipal committee or local authority which is super- seded or dissolved. - Any reference in the foregoing sections to a municipal committee or a local authority shall, in case such municipal committee or a local authority has been superseded or placed under the charge of an administrator un- der any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipal committee or local authority under any law relating to such municipal committee or local authority. Section 430 430. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act or by reason of anything contained in this Act to any other enactment for the time being in force, the Government may, as occasion re- quires by order direct that this Act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the appointed day have effect subject to such adaptations whether by way of modification, ad- dition or omissions as it may deem to be necessary and expedient. Section 431 431. Repeal. - The Punjab Municipal Act, 1911, the Punjab Municipal (Execu- tive Officers) Act, 1931, the Punjab Gram Panchayat Act, 1952 and the Punjab Panchayat Samitis and Zila Parishads Act, 1961, shall stand repealed in the area constituted to be a City or included in a City with effect from the day on which it is so constituted or included. 1. Aheria, Aheri, Heri, Naik, Thori or Turi. 2. Barra. 3. Bet, Hensi or Hesi. 4. Changer. 5. Chirimar. 6. Diaya. 7. Gwaria, Gauria or Gwar. 8. Kanjar or Kanchan. 9. Curmi. 10. Nar. 11. Rehar, Rehra or Ro. 12. Ghirath including Chahng and Bahti. 13. Kahar, Jhinwar or Dhinwar. 14. Ghasi, Ghasiara or Ghosi. 15. Bargria. 16. Riaigar. 17. Weaver (Jullaha). 18. Labana. 19. Gorkhas. 20. Kumhara. 21. Nais. 22. Dhobis. 23. Kamboj. 24. Rai Sikhs. 25. Barwar. 26. Baria, Tamboli. 27. Banagi, Bairagi. 28. Battera. 29. Bharbhunja, Bharbhuja. 30. Bhat, Bhatra, Darpi, Ramiya. 31. Bhuhalia Lohar. 32. Chahng. 33. Chimba, Chippi, Chhimba, Darzi. 34. Dakaut. 35. Dhimar, Mallah, Kashyap, Rajputs. 36. Faqir. 37. Dhosali, Dosali. 38. Gawala, Gowala. 39. Gadaria. 40. Jhangra, Brahman. 41. Hajjam, Nai. 42. Jogi Nath. 43. Khati. 44. Rechhand. 45. Khanghera. 46. Kuchband. 47. Thathera, Tam- era. 48. Lakhera, Manihar. 49. Vanzara. 50. Madari. 51. Lohar. 52. Mochi. 53. Marasi. 54. Noongar. 55. Nalband. 56. Shorgir. 57. Pinjabenja. 58. Soi. 59. Singhikant, Singhiwala. 60. Teli. 61. Gaddis. 62. Darain. 63. Ghai. 64. Christain. 65. Dhaula or Soni. 66. Swarankar. 67. Arain. 68. Gujjar. 168 Punjab Municipal Corporation Act, 1976, Section 429