Chapter V MISCELLANEOUS

The State Government may, give to the Board general instructions to be followed by the Board and such instructions may include direction to the Board regarding the exercise of its powers and performance of its duties under this Act in such manner as may be binding on the Board.

1. (1) The Board shall furnish to the State Govt. at such time and in such form and manner as may be prescribed or as the State Govt. may direct, such returns and statements and such particulars in regard to any proposed or existing scheme as the State Govt. may, from time to time require.
2. (2) The State Govt. may at any time by order in writing addressed to the Administrator require the Board to furnish it with such information, statement, report or documents in regard to any matter relating to the functions or acts of the Board or any of its members, officers or servants and the Administrator shall without delay comply with such order accordingly.

The State Govt. may, by order in writing, prohibit the execution or further execution of resolution or order passed or made under this Act by the Board, if in the opinion of the State Government such resolution or order is of such nature as to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed, or a danger to human life, health or safety or riot or affray or is otherwise prejudicial to public interest and may prohibit the doing or continuance by any person of a act in pursuance of or under cover of such resolution or order.

1. (1) If, in the opinion of the State Govt. an emergency exists, it may direct that any work or acts which the Board is empowered under this Act to execute or do, and the immediate execution or doing of which, is in its opinion, necessary for the safety or protection of the public, shall forthwith be executed or done and that the expense of executing the work or of doing the act shall be paid out of the fund of the Board.
2. (2) If the expense ordered to be paid under sub-section (1) is not forthwith paid, the State Govt. may make an order directing the person having the custody of the balance of the fund of the Board 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.

When the State Government has made an order under section 32 or 33, the Board may, within three months of the date of receipt of such order, make such representation to the State Government as it thinks fit and if no such representation is received within the period specified or if on consideration of a representation from the Board the State Government is of the opinion that the order of prohibition shall be confirmed, modified or rescinded the State Government shall pass such order accordingly and the order so passed shall be final.

1. (1) If in the opinion of the State Government the Board becomes incompetent to perform or has persistently made default in the performance of the duties imposed, on it by or under this Act, or exceeds or abuses its powers, the State Government may, after consultation with the Central Govt., by notification in the official Gazette, supersede the Board for such period as may be specified in the notification. Provided that before issuing a notification under this sub-section (1), the following consequences shall ensue, namely: -
   • (a) All the members of the Board shall, as from the date of the supersession, vacate their offices as such members.
   • (b) All the powers and duties which may, by or under the provisions of this Act, be exercised or performed by or on behalf of the Board shall, during the period of supersession, be exercised and performed by such person or persons as the State Government after consultation with the Central Govt. may decide.
   • (c) All property vested in the Board shall, during the period of supersession, vest in the State Government.
2. (3) On the expiration of the period of supersession specified in the notification under sub-section (1) the State Govt. may, after consultation with the Central Govt.
   • (a) Extend the period of supersession for such further term as it may consider necessary; or
   • (b) Constitute the Board in the manner provided in Section 4.

The Board may, with the previous approval of the State Govt., by general or special order in writing delegate to the Chairman or any other Member, officer or servant of the Board subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and duties under this Act as it may deem necessary for the efficient running of the day to day administration of the Board.

All orders and decisions of the Board shall be authenticated by the signature of the Chairman or any other member empowered by the Board in this behalf; and all contracts and instruments entered into or made by the Board shall be executed by the Administrator or any other officer of the Board empowered by the Board in this behalf.

If any dispute for the resolution of which this Act does not otherwise provide, arises between the Board and any other local authority, the matter shall be referred to the State Government and the decision of the State Govt. thereon shall be final. Provided that where such dispute exists between the Board and a Cantonment Board, the decision of the State Govt. shall be subject to the approval of the Central Govt.

Whenever it is necessary for the Board to carry out any of its works or to make any survey or examination or investigation, preliminary or incidental to the exercise of powers or the performance of duties by the Board under this Act, any officer or servant of the Board, generally or specially empowered by it, may enter upon any land or premises between sunrise and sunset after giving reasonable notice of the intention to make such entry to the owner or occupier of such land or premises, and at any other time with the consent in writing of the owner or occupier of such land or premises, for the purpose of the carrying out of such works or the making of such survey, examination or investigation.

Any land required by the Board for carrying out any of the purposes of this Act shall be deemed to be needed for a public purpose and such land shall be acquired for the Board as if the provisions of part VII of the Land Acquisition Act 1894 (1 of 1894) were applicable to it and the Board were a company within the meaning of clause (e) of section 3 of the said Act.

All members of the Board, and all officers and servants of the Board whether appointed by the State Govt. or the Board, when acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code (Act XLV of 1860).

Unless otherwise expressly provided, no Court shall take cognizance of any offence under this Act or under any rules made thereunder except on the complaint of the Board or a person empowered by the Board in this behalf.

No suit or other legal proceeding shall lie against any officer or servant of the Board in respect of anything done or purported to have been done in good faith under the provisions of this Act.

1. (1) When all the townships under this Act have been constructed and developed or have been so far constructed and developed as to render the continued existence of the Board, in the opinion of the State Govt. unnecessary, the State Government may by notification in the official Gazette, declare that the Board shall be dissolved on such date as may be specified in the notification and the Board shall be deemed to be dissolved accordingly.
2. (2) ON AND FROM THE SAID DATE: -
   • (a) All properties and funds placed at the disposal of the Board, all properties situated within the area of operation which immediately before the said date were held by the Board, and all dues realisable by the Board, shall vest in, and be realisable by the State Government.
   • (b) All liabilities, which, immediately before the said date, were enforceable against the Board, shall be enforceable against the State Govt.
   • (c) For the purpose of competing the execution of any work undertaken but not fully executed by the Board, and of realising properties, funds and dues referred to in clause (a), the functions of the Board under this Act shall be discharged by the State Govt.
   • (d) The State Government shall keep separate accounts of all moneys respectively received and expended by it under this Act until all loans raised thereunder have been repaid and until all other liabilities referred to in clause (c) have been duly met.
3. (3) The properties and funds vested in the State Govt. under Sub-section (2) which remain after meeting out the liabilities of the Board shall be transferred to such local authority or local authorities, as may be having jurisdiction over the Township in such proportion as the State Govt. may by order determine.

1. (1) The State Government may, subject to the conditions of previous publication, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely: -
   • (a) The term of office of members, the manner of filling casual vacancies and the allowances or fees to be paid to any member or associate member of the Board;
   • (b) The terms and conditions of service of officers and servants of the Board under section 11;
   • (c) The terms and conditions of service of the Administrator under section 12;
   • (d) The functions and duties of the Administrator;
   • (e) The manner in which the accounts of the Board shall be maintained and the time at which the accounts shall be audited;
   • (f) The terms on which loans shall be advanced to persons;
   • (g) The terms on which a building or site may be sold, leased or let out on hire to any person;
   • (h) The manner in which the fund and other moneys of the Board shall be invested;
     • (i) The form in which and the time at which the budget and annual report (including the statement of assets and liabilities) of the Board shall be prepared.
   • (j) The services of notices and orders under this Act;
   • (k) Any other matter which has to be, or may be prescribed under this Act.
3. (3) All rules made under this Section shall be published in the official Gazette.
4. (4) Any rule made by the Board under this Act, may provide that a contravention thereof shall be punishable with fine, which may extend to five hundred rupees.

The Board may, after previous publication and with the previous approval of the State Government, make by-laws for determining the procedure for conducting the business of the Board and for such other purposes as the State Government may, from time to time, by general or special order, direct.

The Patiala & East Punjab States Union Townships Development Board Act, 1954 (President's Act 3 of 1954), is hereby repealed but notwithstanding such repeal anything done or any action taken in the exercise of any power conferred by or under the said Act (including things deemed to have been validly done and actions deemed to have been validly taken under the provision to section 47 of the said Act) shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act was in force on the day on which such thing was done or action was taken.