Chapter III Chapter III

Meetings of trust. (1)(a) The trust shall ordinarily meet for the transaction of business at least once in every month at such time as it may fix, provided that the chairman may, whenever he thinks fit, and shall, upon the written request of not less than two trustees, call a special meeting. (b) The quorum necessary for the transaction of business at an ordinary or special meeting shall not be less than three. (c) At every meeting the chairman, if he be present, or in his absence such one of the trustees present as may be chosen by the meeting, shall preside. (d) All questions which come before any meeting shall be decided by a majority of the votes of the trustees present; the president of the meeting in case of an equality of votes having a second or casting vote. (e) Minutes of the names of the trustees present and of the proceedings at each meeting shall be drawn up and recorded in a book to be kept for the purpose, shall be signed by the person presiding at the meeting or at the next ensuing meeting, and shall at all reasonable times and without charge be open to inspection by any trustee. (2) No trustee shall be entitled to object to the minutes of any meeting unless he was present at the meeting to which they relate.

Temporary association of members with the trust for particular purposes. (1) The trust may associate with itself in such manner and for such period as may be prescribed by rules made under section 74 any person whose assistance or advice it may desire in carrying out any of the provisions of the Act. (2) A person associated with itself by the trust under sub-section (1) for any purpose shall have a right to take part in the discussions of that trust relative to that purpose, but shall not have a right to vote at a meeting of the trust, and shall not be deemed to be a trustee.

Constitution and functions of committees. (1) The trust may from time to time appoint committees of the trust consisting of such persons of any of the following classes as it may deem fit, namely :- (i) trustees; (ii) persons associated with the trust under section 13; (iii) other persons whose services, assistance or advice the trust may desire as members of such committees : Provided that no such committees shall consist of less than three persons, and that at least one trustee shall be a member thereof. (2) The trust may - (a) refer to such committees, for inquiry and report, any matter relating to any of the purposes of this Act, and (b) delegate to such committees by resolution, and subject to any rules made under section 74, any of the powers or duties of the trust. (3) The trust may, at any time, dissolve, or, subject to the provisions of sub-section (1), after the constitution of any such committees. (4) Every such committee shall conform to any instructions from time to time given to it by the trust. (5) All proceedings of any such committee shall be subject to confirmation by the trust. (6) Any person associated with the trust under section 13 or appointed a member of a committee of the trust under clause (iii) of sub-section (1) shall be entitled to receive such remuneration either by way of monthly salary or by way of fees or partly in one of these ways and partly in the other as the State Government may prescribe.

Meetings of committees. (1) Committees appointed under section 14 may meet and adjourn as they think proper; but the chairman of the trust may, whenever he deems fit, call a special meeting of any such committee, and shall do so upon the written request of not less than two members thereof. (2) The chairman may attend any meeting of a committee appointed under section 14 whether he is a member of such committee or not, and shall preside at every such meeting at which he is present; if he be absent, any trustee present and being a member of such committee as may be chosen by the meeting, shall preside : provided in this case if only one trustee is present, he shall preside. (3) All questions which come before any meeting of such committee shall be decided by a majority of the votes of the members present, the person presiding in case of an equality of votes having a second or casting vote. (4) No business shall be transacted at any meeting of such committee when less After sub-section (1) of section 49 of the said Act, the following shall be deemed to be inserted, namely :-

"Explanation. - For the purpose of this sub-section land which is held with and attached to a house and is reasonably required for the enjoyment and use of the house, shall be deemed to be part of the house."

Trustees and associated members of trust or committee not to take part in proceedings in which they are personally interested. (1) A trustee who - (i) has, directly or indirectly, by himself or by any partner, employer, or employee, any such share or interest as is described in the proviso to section 10, in respect of any matter, or (ii) has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid, shall not vote or take any other part in any proceedings of the trust or any committee appointed under this Act relating to such matter. (2) If any trustee, or any person associated with the trust under section 13 or any other member of a committee appointed under this Act, has, directly or indirectly, any beneficial interest in any land situated in an area comprised in any improvement scheme framed under this Act, or in any area in which it is imposed to acquire land for any of the purposes of this Act, - (i) he shall, before taking part in any proceeding at a meeting of the trust or any committee appointed under this Act relating to such area, inform the person presiding at the meeting of the nature of such interest; (ii) he shall not vote at any meeting of the trust or any such committee upon any resolution or question relating to such land, and (iii) he shall not take any other part in any proceeding at a meeting of the trust or any such committee relating to such area if the person presiding at the meeting considers it inexpedient that he should do so.

(1) Notwithstanding anything contained in this Act, the State Government may, by notification, constitute in the prescribed manner all or any of the following Trust Services, namely :- (i) Punjab Service of Trust-Engineers; (ii) Punjab Service of Trust-Executive Officers; (iii) Punjab Services of Trust-Superintendent (General) and Superintendent (Land); (iv) Punjab Service of Trust-Accounts Officers; (v) such other Trust Services as the State Government may decide. (2) The State Government may make rules for regulating the recruitment and the conditions of service of members of the Trust Services referred to in sub-section (1) and for the classification of such Services. (3) The State Government may transfer any member of a Trust Service from a post in one trust to a post carrying the same scale of pay in another trust. (4) The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Trust Services in accordance with the conditions of their service shall be charged from the funds of the trusts in the prescribed manner. (5) Creation of posts in a Trust Service and appointment of members thereto shall be made by the State Government or by an authority empowered by it in this behalf after taking into consideration the requirements of the trusts and their financial capacity, but no such member shall be deemed to have been appointed to any civil service or post under the State. (6) Every person, who, immediately before the issue of a notification under sub-section (1), is serving in a Trust on a post in relation to which a Trust Service is constituted, shall, on the issue of such notification, become a member of the corresponding Trust Service, if he is found fit by an authority appointed by the Government in this behalf for becoming such a member on the basis of his qualifications and service record : Provided that his terms and conditions of service insofar as they relate to remuneration, gratuity and provident fund shall not be varied to his disadvantage on his becoming a member of the Trust Service : Provided further that any such person may, by notice in writing given to the State Government, within a period of thirty days of the constitution of the Trust Service, intimate his intention of not becoming a member of such Service and where such an intimation is given that person will not become a member of the corresponding Trust Service and will continue to be governed by the same terms and conditions of service as were applicable to him immediately before the constitution of the Trust Service. (6-A) In the case of a person who is not found fit under sub-section (6) for becoming a member of the corresponding Trust Service, the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Town Improvement (Amendment) Act, 1983, if the decision that he as not so fit was taken at any time before such commencement and in the case of others as and when such a decision is taken : Provided that the State Government may appoint such a person with his consent on a post in any Trust service to which he may be found suitable. (7) Recruitment of members of the Trust Services referred to in sub-section (1) shall be made by the State Government or by any authority empowered by the State Government in this behalf and nothing contained in the Punjab Public Service Commission (Additional Functions) Act, 1955, shall be deemed to apply to or require consultation with the Punjab Public Service Commission in respect of such recruitment.

(1) Subject to the provisions of section 17 and the rules which the State Government may make in this behalf, the trust may, from time to time, employ such other servants on such terms and conditions as it may deem necessary and proper for carrying out its functions under this Act. (2) The power of appointing, promoting and granting leave to such servants and reducing, suspending or dismissing them for misconduct and dispensing with their services for any reason other than misconduct shall be vested in the Chairman. (3) Any servant who is reduced, suspended or dismissed by the Chairman under sub-section (2), may appeal to the trust within a period of thirty days of the date of communication of the order and the decision of the trust on such appeal shall be final. Provided that in the absence of the Chairman on account of leave or otherwise for a period exceeding fifteen days his powers under this section shall be exercisable by the Deputy Commissioner or by an officer, not below the rank of an Extra Assistant Commissioner, authorised by the Deputy Commissioner in this behalf.

The chairman shall exercise supervision and control over the acts and proceedings of all officers and servants of the trust; and, subject to the foregoing sections, shall dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances.

Delegation of certain of chairman’s functions. (1) The chairman may, by general or special order in writing, delegate to any officer of the trust any of the chairman’s powers, duties or functions under this Act or any rule made thereunder except those conferred or imposed upon or vested in him by sections 12, 15, 21, 46 and 96, respectively. (2) The exercise or discharge by any officer of any powers, duties or functions delegated to him under sub-section (1) shall be subject to such conditions and limitations (if any) as may be prescribed in the said order, and also to control and revision by the chairman, or the trust.

Supply of information and documents to the Government. (1) The Chairman shall forward to the State Government a copy of the minutes of the proceedings of each meeting of the trust, within ten days from the date on which the minutes of the proceedings of such meeting were signed as prescribed in clause (e) of sub-section (1) of section 12. (2) If the State Government so directs, in any case, the chairman shall forward to it a copy of all papers which were laid before the trust for consideration at any meeting. (3) The State Government may require the chairman to furnish it with - (i) any return, statement, estimate, statistics or other information regarding any matter under the control of the trust, or (ii) a report on any such matter, or (iii) a copy of any document in the charge of chairman. The chairman shall comply with every such requisition without unreasonable delay.