Punjab Regional and Town Planning and Development Act, 1995
Chapter IV Chapter IV
Chapter IV Chapter IV
35. Power of the Authority to require local authority to assume responsibility of amenities in certain cases
Where any area has been developed by the Authority, the Authority shall entrust the local authority discharging municipal functions, within whose local limits the area so developed is situated, with the responsibility for the maintenance of the amenities which have been provided in the area by the Authority or for the provision of the amenities which have not been provided by the Authority but which in its opinion should be provided, on such terms and conditions including vesting of streets, amenities and public places in that local authority, as may be agreed upon between the Authority and the local authority and where such terms and conditions cannot be agreed upon on such terms and conditions as are settled by the State Government in consultation with the local authority on a reference being made to the State Government by the Authority.
Chapter IV Chapter IV
36. Transfer of assets and liabilities of Improvement Trust to the Authority in case of dissolution
(1) Notwithstanding anything contained in any other law for the time being in force, the State Government, may by notification in the Official Gazette, abolish an Improvement Trust from such date as may be specified in the notification hereinafter referred to as the appointed day. (2) On and from the appointed day the Improvement Trust specified in the notification issued under sub-section (1) shall stand dissolved and all its assets and liabilities shall stand transferred to and vested in the Authority. (3) The assets of the Improvement Trust shall be deemed to include all rights and all property, whether movable and immovable belonging to or vested in the Improvement Trust, including in particular cash balances, reserve funds, investments, deposits and all other interests and rights in or arising out of such property as may be in the possession of the Improvement Trust and all books of account or documents kept or maintained by the Improvement Trust, and the liabilities of the Improvement Trust shall be deemed to include all debts, liabilities and obligations of whatever kind existing and pertaining to the Improvement Trust.
Chapter IV Chapter IV
37. Transfer of provident fund or superannuation fund or other similar funds to the Authority concerned
(1) Where an Improvement Trust has established a provident fund or superannuation fund or any other similar fund for the benefit of its employees and constituted trust in respect thereof, hereinafter referred to as the existing trust, the moneys standing to the credit of any such fund on the (1) appointed day, together with any other assets belonging to such fund shall stand transferred to and vested in the Authority free from any right of such existing trust and the Authority shall, as soon as may be, constitute in respect of the moneys and other assets which are so transferred to and vested in it, one or more trusts having objects similar to the objects of the existing trusts as may be practicable. (2) Where all the moneys and other assets belonging to the existing trust are transferred to and vested in the Authority under sub-section (1), the trustees of such trust, as from the date of such transfer be discharged from the trust, except as regards things done or omitted to be done before such transfer.
Chapter IV Chapter IV
38. Effects of vesting assets and liabilities of Improvement Trust
(1) Unless otherwise expressly provided by or under this Act, all contracts, agreements and other instruments of whatever nature subsisting or having effect immediately before the appointed day and to which the Improvement Trust is a party or which are in favour of the Improvement Trust, shall be of full force and effect against or in favour of the Authority, as the case may be, and may be enforced or acted upon fully and effectually, as if instead of the Improvement Trust, the Authority had been a party thereto or as if they had been entered into or issued in favour of the Authority. (2) If on the appointed day any suit, appeal or other legal proceedings of whatever nature by or against the Improvement Trust is pending, then, it shall not abate or be discontinued or be in any way prejudicially effected by reason of the transfer to the Authority of the assets and liabilities of the Improvement Trust or of any thing done under this Act, but the suit, appeal or other legal proceedings may be continued, prosecuted and enforced by or against the Authority. Explanation. - For the purposes of this sub-section, legal proceedings include any proceedings under the Land Acquisition Act, 1894 (Central Act 1 of 1894).
Chapter IV Chapter IV
39. Transfer of services of existing employees of the Improvement Trust to the Authority
(1) Every whole-time employee of the Improvement Trust shall, on and from the appointed day, become an employee of the Authority, and shall hold his office therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to gratuity, if any, and other matters as he would have held the same on the appointed day if this Act had not come into force and shall continue to do so unless and until his remuneration, terms and conditions, are duly altered by the Authority with the previous approval of the State Government. (2) Notwithstanding anything contained in sub-section (1), where any employee of the Improvement Trust by notice in writing given to the Authority at any time before the expiry of three months next following the appointed day, has intimated his intention of not becoming an employee of the Authority, he shall cease to be employee of the Authority on the expiry of the notice period and be entitled to get such gratuity, provident fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the Improvement Trust immediately before the appointed day. (3) If any question arises as to whether any person was a whole-time employee of the Improvement Trust immediately before the appointed day, the question shall be referred to the State Government whose decision shall be final. (4) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (Central Act 14 of 1947) or in any other law for the time being in force, the transfer of the service of any employee of the Improvement Trust to the Authority shall not entitle any such employee to any compensation under that Act or other law, and no such claim shall be entertained by any court, tribunal or any other authority.
Chapter IV Chapter IV
40. Control by State Government
(1) The Authority shall carry out such directions as may be issued to it, from time to time, by the State Government for the efficient administration of this Act. (2) The State Government may depute any officer to inspect or examine the office of the Authority, or its development works and to report thereon and the officer so deputed may, for the purposes of such inspection or examination call for, - (a) any extract from any proceedings of the Authority or any Committee constituted under this Act, record, correspondence, plan or other documents; (b) any return, estimates, statement of accounts or statistics; (c) any report, and the Authority shall furnish the same.
Chapter IV Chapter IV
41. Returns and Information’s
The Authority shall furnish to the State Government such reports, returns, record and other information as the State Government may, from time to time, require.
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