Chapter X Chapter X

Miscellaneous

The Managing Director may, in case of emergency, direct the execution of any work or the doing of any act which requires the sanction of the Board if the immediate execution or the doing of which is, in his opinion, necessary for the service or safety of the public and may also direct that the expenses of executing the work or of doing the act shall be paid from the funds of the Board; Provided that:-

1. (a) he shall not act under this section in contravention of any direction of the Board or the Government prohibiting the execution of any particular work or the doing of any particular act;
2. (b) he shall report the action taken by him under this section and the reasons therefore to the Board at its next meeting and shall also submit a copy of his report to the Government and the Board or the Government may issue such directions as it or they may deem fit on such report.

The Managing Director may, subject to the control of the Board:-

1. (a) institute, defend or withdraw from legal proceedings instituted under this Act or any rules or regulation made thereunder:
2. (b) compound any offence against this Act or any rules or regulations made thereunder which under any law for the time being in force or the rule prescribed by the Government, may lawfully be compounded;
3. (c) admit, compromise or withdraw any claim made under this Act or any rules or regulations or schemes made thereunder; and
4. (d) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain, or as may be desired by the Board to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vested in or imposed upon the Board or any officer or employee of the Board.

1. (1) The Government may, by notification, in the official Gazettee, authorise any authority or officer to exercise any of the powers vested in it by this Act except the power to make rules under section 71 and may in like manner withdraw such authority.
2. (2) The Board may, by general or special order in writing delegate to the Chairman or (Managing Director) or any other (director) or (Associate Director) of the Board or the Secretary or any other officer of the Board such of its powers and functions under this Act except the power to acquire and under sanction 19 and to make regulations under section 72 as it may deem necessary and it may in the like manner withdraw such authority.
3. (3) The exercise of any power delegated under sub-section
4. (1) or sub-section
5. (2) shall be subject to such restrictions and conditions as may be specified in the order and also to control and revision by the Government or by such officer as may be empowered by the Government in this behalf or by the Board or such effect as may be empowered by the Board in this behalf, as the case may be.
6. (4) The Government or the Board, as the case may be, shall also have the power to control and revise the acts or proceedings of any officer so empowered.

The Government may issue to the Board or to the local authority concerned such orders and directions as in its opinion are necessary or expedient for carrying out the purposes of this Act and the Board or such local authority, as the case may be, shall give effect to all such orders and directions.

It shall be the duty of every police officer-

1. (a) to co-operative with the Board for carrying into effect and enforcing the provisions of this Act or any rule of regulation or scheme made thereunder;
2. (b) to communicate without delay to the proper officer or employee of the Board any information which such police officer receives of a design to commit, or of the commission of any offence under this Act or any rule or regulation or scheme made thereunder; and
3. (c) to assist the Board or any officer or employee of the Board reasonably demanding the aid of such police officer for the lawful exercise of any power vesting in the Board or any such officer or employee under this Act or any rule or regulation or scheme made thereunder.

When a dispute arises between the Board and another local authority or among local authorities in regard to any matter arising under the provisions of this Act, and the Government is of opinion that the parties are unable to settle it amicably among themselves, the Government may take congnizance of the dispute and decide the same itself and the decision of the Government thereon shall be final and binding on the Board and the local authorities concerned and shall not be liable to be questioned in any court of law.

No person shall institute any suit against the Board or against any officer or employee of the Board or any person acting under the order of the Board, for anything done or purporting to have been done in pursuance of this Act without giving to the Board, officer or employee or person concerned sixty days previous notice in writing of the intended suit and the cause thereof, nor shall such a suit be instituted after six months from the date of the act complained of.

In any case not otherwise expressly provided for in this Act, the Aboard may pay reasonable compensation to any person who sustains damage by reason of the exercise of any of the powers vested by or under this Act in the Board or the Chairman or the (Managing Director) or any officer of employee of the Board.

1. (1) When any person is convicted of any offence under this Act, the judicial magistrate convicting such person may, on application made in this behalf by the Board or by its officer or employee authorised by it in this behalf, call upon such person forthwith to show cause as to why he should not pay compensation to the Board for the damage caused by his act or omission in respect of which he is convicted.
2. (2) The magistrate shall record and consider any cause which such person may show and if the magistrate, after making such inquiries as he may think fit, is satisfied that such person is liable to pay compensation may direct that such compensation not exceeding one thousand rupees as he may determine, be paid by such person to the Board.
3. (3) The amount of compensation directed to be paid under sub-section
4. (2) shall, if it be not paid forthwith, be recovered as if it were a fine imposed by the magistrate on such person.

1. (1) All orders and decisions of the Board shall be authenticated by the signature of the Secretary or any other officer of the Board authorised in writing by the Board in this behalf.
2. (2) The (managing Director) or any officer of the Board authorised in writing in this behalf may sign on behalf of the Board any agreement or other instrument to be executed on behalf of the Board.

Every notice or bill which is required by this Act or by any rule or regulation made thereunder to bear the signature of the (Managing Director) or any other (director) or of any officer or employee of the Board, shall be deemed to be properly signed if it bears the facsimile of the signatures of the (Managing Director) or of such officer or employee, as the case may be, stamped thereupon.

1. (1) The (Managing Director) or any person either generally or specially authorised by the (Managing Direcitor0 in this behalf may with or without assistants or workmen, enter into or upon any land in order-
   • (a) to make may inspection, survey, measurement, valuation or inquiry;
   • (b) to take levels;
   • (c) to dig or bore into the sub-soil;
   • (d) to set out boundaries and intended lines of work;
   • (e) to mark such levels, boundaries and lines by placing marks and cutting trenches;
   • (f) to place and maintain pipes, drains and other installations upon, along, across or under any land; or
   • (g) to do any other thing, whenever it is necessary to do so for any of the purposes of this Act or any rule or regulation made or scheme sanctioned thereunder or any scheme which the Board intends to frame thereunder; Provided that-
   • (a) no such entry shall be made between sunset and sunrise;
   • (b) no dwelling house, and no public building or hut which is used as a dwelling place, shall be so entered,except with the consent of the occupier thereof, without giving the said occupier at least twenty-four hours previous written notice of the intention to make such entry;
   • (c) sufficient notice shall, in every instance, be given even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to women to remove themselves to some part of the premises where their privacy will not be disturbed;
   • (d) due regard shall always be had so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered.
2. (2) Whenever the (Managing Director) or a person authorised under sub-section
3. (1) enters into or upon any land in pursuance of that sub-section, he shall, at the time of such entry, pay or tender payment for all necessary damage to be done as aforesaid; and in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the Board, whose decision shall be final.

1. (1) No suit, prosecution or other legal proceeding shall be against any person for anything which is, in good faith, done or intended to be done in pursuance of this Act or any rule or order or scheme made thereunder.
2. (2) No suit or other legal proceedings shall lie against the Government, the Board or any committee thereof, for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order or scheme made thereunder.

All (directors) (Associate Directors), officers and employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.

For the purposes of the Local Authorities Loans Act, 1914, the Land Acquisition Act, 1894 and the Punjab Public Premises and Land (Eviction and Rent Recovery )Act, 1973, the Board shall be deemed to be a local authority controlled by the Government.

Save as otherwise provided in this Act, no order made by the Government or any other competent authority, in exercise of any power conferred by or under the provisions of this Act, shall be called in question in any civil court and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

1. (1) When all schemes approved by Government under this Act have been executed or have been so far executed as to render the continued existence of the Board, in the opinion of the Government unnecessary, when in the opinion of the Government it is expedient that the Board shall cease to exist, the Government may, by notification, declare that the Board shall be dissolved from such date as may be specified in this behalf in such notification; and the Board shall be deemed to be dissolved accordingly.
2. (2) From the said date-
   • (a) All properties, funds and dues which are vested in or realisable by the Board shall vest in and be realisable by the Government;
   • (b) All liabilities which are enforceable against the Board shall be enforceable only against the Government;
   • (c) For the purpose of completing the execution of any scheme, approved by the Government under this Act, which has not been 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 Government ; and
   • (d) The Government shall keep separate accounts of all moneys respectively received and expended by it under this Act, until all loans raised hereunder have been repaid, and until all other liabilities referred to in clause
   • (b) have been duly met.

If any difficulty arises in giving effect to the provision of this Act, or by reason of any thing contained in this Act to any other enactment for the time being in force, the Government may as occasion requires 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 date of coming into operation of this section, have effect subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary and expedient.

1. (1) Notwithstanding anything contained in any other law for the time being in force, no local authority or agency shall be empowered to deal with matters which are within the functions of the Board under this Act with respect to any area to which this Act is applied: Provided that the Government may, by notification in the manner prescribed, exclude any schemes apart thereof, framed or to be framed or under execution from the functions of the Board and allow any local authority or agency to execute or carry on the execution or to complete the same.
2. (2) If any dispute arises as to whether the Board or a local authority, is to deal with a certain matter, the same shall be referred to the decision of the Government which shall be final.