The Pepsu Townships Development Board Act, 1954

s ! 955 : Pepsu Act 2] THE PEPSU TOWNSHIPS - b P ] DEVELOPMENT BOARD THE PEPSU TOWNSA—IIPS DEVELOPMENT BOARD CT, 1954 (Pepsu Act No. 2 oF 1955) e : Table of Contents CHAPTER 1 ’ PRELIMINARY SECTIONS . 1. Short title, 2. Definitions. ) CHAPTER IT ESTABLISHMENT AND INCORPORATION OF THE BOARD 3. Establishment and incorporation of the Board. 4 Constitution of the Board. 5. Terms and conditions of office of members. 6. Committees of the Board. 7. Vacancies amongst members or defects in the constitu- tion not to invalidate acts or proceedings of the Board or Committee, 8. Disqualifications for appointment as members. 9. Meetings of the Board. 10- Power of Board to associate other persons. 11. Officers and servants of the Board. 12, Administrator of the Board. CHAPTER ITT FUNCTIONS AND PowERs oF THE Boarp 13, Extent of jurisdiction of the Board. 14. Preparation of a township scheme. 15. General powers of the Board. 16. Amount due to the Board to be first charge. 17. Powers of the Board to apply certain provisions of the Punjab Municipal Act to townships. 18. Powers to call for repayment before agreed period. 19. Mode of recovery of loan. 20. Power of Inspection. 21. Recovery of arrears of taxes and others sums as arrears of land revenue after notice, ® THE PEPSU TowNsHIPS [1955 : Pepsu Act 2 2 g DEVELOPMENT BOARD CHAPTER IV PROPERTY FINANCE, ACCOUNTS AND AUDIT B SECTIONS 22. Vesting of property in the Board. 23. Expenditure before the establishment of the Board. 24. Fund of the Board. | 25. Power of the Board to spend. 26. Repayment of Loans and interest by board. 27. Budget. 28. Annual report. 29, Accounts and Audit. PLR . CHA v MISCELLANEOUS 30. Directions by the State Government. 31. Power to call for return, statement, information, ete. 32. Power to prohibit execution of resolution, or order of the Board. 33. Emergency powers of the State Government. 34. Representation by the Board. 35. Power of Government to supersede Board. 36. Delegation of power. 37. Authentication of orders and other instruments of the Board. 38. Dispute. 39. Power of entry- 40. Compulsory acquisition of land for the Board. 41, Members, officers and servants of the Board to be pub- lic servants. 42. Procedure for prosecution. 43. Bar of legal proceedings. 44. Dissolution of Board and transfer of its assets and lia- bilities to any local authority. 45. Power to make rule. 46. Powers to make by-laivs. 47. Repeal and saving. | | 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 73 DEVELOPMENT BOARD THE PEPSU TOWNSHIPS DEVELOPMENT BOARD ACT, 1954. ' PEPSU Acr No. 2 or 1955. [Received the assent of His Highness, the Rajpramukh on 3rd January, 1955 and was first published for general information in the Pepsu Gazette Extra- ordinary, dated the 15th January, 1955.]. 1 2 3 4 " Year | No. “Short title Whether repesled or otherwise l affected by legislation, 1955 2 The Pepsu_Townships Amended by Punjab Act, 6 of DevelopmeBt Board Act,| 19691 . 1954, i&gr?el’xded by Punjab Act 19 of 3 AN Act to provide for the establishment of a Development Board for the purposes of constructing and developing townships at suitable places in the State and settling therein displaced persons and for other matters connected therewith, It is hereby enacted in the Fifth Year of the Republic of India, as follows:— CHAPTER 1 PRELIMINARY 1. This Act may be called the Pepsu Townships short tite. Development Board Act, 1954, 2. (1) In this Act, unless the context otherwise Definitions. requires,— (a) “Board” means the Patiala and East Punjab States Union Townships Development Board established under section 3; (b) “Chairman means the Chairman of the Board ; For Statement of Objects and Reasons, See Punjab Government Gazette (Extraordinary), 1969 page 566. 2For Statement of Objects and Reasons, See Punjab Government Gazette (Extraordinary), 1973 page 252. Establishment and Incorpora- tion of the Boxed. 74 THE PEPSU TOWNSHies [1955 : Pepsu Act 2 DEVELOPMENT BOARD (¢) “displaced persons” means any person who, on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or the fear of such disturbances in any area now forming part of Pakistan, including any State which has acceded to Pakistan, has been:displaced from, or has left his place of residence in such area and who has subsequently been residing in any part of India ; (d) “member” means a member of the Board and includes the Chairman ; (e) “prescribed” means prescribed by rules made under this Act; () “township” means any town to be construct- ed and developed by the Board in any part of the State for the settlement of displaced persons therein, {2) Words and expressions used and not defined in this Act, but defined in the Punjab Municipal Act, 1911 {Punjab Act TII of 1911) °[* * * *] shall have the same meargngs as are respectively assigned to them in the said Act. CHAPTER TI TSTABLISHMENT AND INCORPORATION OF THE BOARD 3. (1) The State Government may, by notifica- tion in the official Gazette, establish a Board to be called the Patiala and East Punjab States Union Town- ships Development Board, for the purposes of cons- tructing and developing townships at such places in the State as it deems fit, settling therein displaced per- sons, exercising such other powers and discharging other functions as are conferred on, or may be assigned to, the Board by or under this Act. 10mitted by Punjab Act 19 of 1973. 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 75 DEVELOPMENT BOARD (2) The board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act and the rules made hereunder, to acquire, own or transfer property, both movable and immovable, and may by the said name sue and be sued. 4. '[(1) The Board shall consist of the Chairman {onfitution o and six other members, to be appointed by the State Government, of whom at least two shall be displaced persons settled in a township.]. (2) The names of members appointed under sub- section (I) shall be published in the official Gazette and every such appointment shall take effect from the date on which it is so published. 5. (1) The terms of office of the Chairman and Terms and con- o i ditions of office other members shall be such as may be prescribed. Pricndicliy (2) The Chairman or any other member may re- sign his office by writing under his hand addressed to the State Government but his resignation shall take effect from the date on which it is accepted and noti- fied in the official Gazette. (3) A member shall hold office during the pleasure of the State Government. zl'* * # * % ] (4) A casual vacancy caused by resignation, death or removal of a member or for any other reasons shall be filled by fresh appointment in accordance with the provisions of section 4. . 6. (1_) The Board may, from time to time, with agl"m%‘me;’ of view to give effect to the purposes of this Act appoint % —°> one or more Committees consisting of such persons as it thinks fit. 1Sub-section_(1) substituted by Punjab Act 19 of 1973, section 4, 2Provisc owitted by ibid. . 76 THE PEPSU TOWNSHIPS [1955 : Pepsu Act 2 DEVELOPMENT BOARD (2) The Board may— t (@) refer to such Committee for inquiry and report any matter relating to any of the purposes of this Act; (b) delegate to such Committee, hy a specific resolution and subject to any rules made in this behalf, any of the powers ar duties of the Board relating to the subject-matter for which such Committee has been appointed. (3) The Board may, at axily time, for reasons to be recorded, dissolve or alter the constitution of any such Committee. . (4) Every Committee shzlll carry out any instruc- tion given to it by the Board, and every final decision of such Committee shall, subjgct to any rule to the contrary, be laid before the Board for confirmation. Vacancies . amongst mem- 9. No act or proceeding of the Board or "if’th"fcg::fict&’_ of any of its Committees shall be invalid by tion mot_to in. Teason only of the existence of any vacancy amongst validate acts or its members or any defect in the constitution thereof. proceedings of the Board or Committee. Disqualifications 8. (1) No person, who ctlirectly or indirectly, by for appoint- himgelf or by any partner, has any share or interest, bers. in any contract with, by or on behalf of the Board,'or . in any business, industry or concern, connected with the construction and development of a township upder this Act except as a share-holder (other than a direc- tor or managing agent) in an incorporated company, or holds any office of profit under the Board, shall become or continue to be a member of the Board : Provided that no such member shall be deemed to have any share or interest in any such contract by reason only of his being— | (@) a share-holder in, ar a member of, any ?n- corporated or registered company with O e ——————— 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS kgl DEVELOPMENT BOARD which any such contract has been entered into by the Board; or (b) a person to whom the Board has sold, leased, let out on hire or allotted any property. (2) Subject to the proviso to sub-section (3) of section 5, the State Government may, by notification in the official Gazette, remove from office any member of the Board who, in its opinion, is or becomes, subjec t to any of the disqualifications hereinbefore mentioned. 9. (1) The Board shall meet at such times and %g:fiff"“"" places and shall, subject to the provisions of this sec- tion observe such rules of procedure in regard to tran- saction of business at its meetings as may be pres- cribed : Provided that the Chairman may, whenever he thinks fit, and shall, upon the written re- quest of not less than two members, call a special meeting. (2) The quorum necessary for the transaction of business at a meeting of the Board shall be three mem- bers : 1y Provided that where the business to be transact- ed at any such meeting involves the pre- paration of any scheme under Chapter III the quorum shall be four. (3) The Chairman or in his absence, any member chosen by the members present from among them- selves, shall preside at a meeting of the Board. (4) All questions at any meeting of the Board shall be decided by & majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairman or in his absence, the person pre- siding, shall have and exercise a second or casting vote. (5) Minutes of the proceedings of each meeting (together with the names of the members present) Power of Board to associate other persons. Officers and ser- vants of the Roard, Administrator of the Board. Extent of juris- diction of the Board. 78 THE PEPSU ToWNSHIPS [1955 : Pepsu Act 2 DEVELOPMENT BOARD shall be recorded in a book to be provided for the pur- pose, and shall be signed by the person presiding at the next ensuing meeting, and the minutes shall be circulated to each member and shall, at all reasonable times, be open to inspection by any member during office hours free of charge. | 10. The Board may associate with itself, in such manner and for such purposes as may be prescribed, any Person whose assistance or advice it may desire in carrying out any of the provisions of this Act or rules made thereunder; and such person shall have a right to take part in the discussions of the Board relevant to the purpose, but shall not have a right to vote. 11. Subject to the provisions of this Act and any rules made thereunder, the Board may appoint such officers and servants ag it considers necessary for the efficient performance of its functions on such terms and conditions of service as it may consider proper. 12. (1) There shall be an Administraior of the Board who shall be appointed by the State Government ‘[* * * *] on such terms and conditions as may be prescribed. (2) The Administrator shall be the ex officio Secretary to the Board and shall have the right to speak at, and otherwise take part in any meeting, but shall not have the right to vote. (3) The Administrator shall be the principal exe- cutive officer of the Board and all other officers and servants of the Board shall be subordinate to him. CHAPTER III Funcrions awp Powers or Tae BoaARD. 13. (1) The jurisdiction of the Board shall extend to cvery township constructed and developed by the Board under this Act and the State Government may. 'Omitted by Punjab Act 19 of 1973, section 2 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 78 DEVELOPMENT BOARD by notification in the official Gazette, specify the serri- torial limits of every such township, and the area so specified shall be called the area of operation of the Board. (2) The State Government may, from time to time, by a like notification, extend or vary the limits of such area of operation of the Board. (3) The Board shall carry out all or any of its functions and exercise all or any of its powers within the area of its operation. 14. (1) The Board shall, as soon as may be, after Preparation of a tne area of its operation has been specified in relation ;g;;“,::" to a township under sub-section (1) of section 13, pre- pare a scheme in the prescribed manner for the cons- truction and development of the township for the pur- pose of rehabilitating displaced persons and take all such measures as may appear to it to be necessary for carrying out such rehabilitation, (2) A scheme to be brepared by the Board under iub-section (1) shall, among other things, provide or,— (a) tl‘lie laying out of the locality to be develop- ed; (b) the purposes for which particular portions of such locality are to be utilized; (¢) the laying out of streets and buildings; (d) roads, drainage, sewerage and water- supply, lighting of streets, and public health, sanitation and social welfare; (e) construction of residential or other build- ngs; (f) such other matters as may appear necessa to the Board for e - carrying out th of this Act, £ ¢ purposes General powers of the Board. 80 THE PEPSU TOWNsHIps [1955 : Pepsu Act 2 DEVELOPMENT BOARD (3) The Board may at any time alter or vary a scheme prepared by it under sub-section (2). (4) Any scheme for the construction and develop- ment of a township prepared by the Board under sub- section (2) or any alteration in or modification of, such scheme under sub-section (3) shall, if so required by the State Government, be submitted by the Board to the State Government for approval. 15. (1) Subject to the ktovisions of this Act and the rules made thereunder the Board shall have powers to do anything consistent therewith, which may in its opinion be necessary or expedient for the purpose of carrying out its functions under this Act. (2) Without prejudice to the generality of the foregoing provision, the Board shall have power— (a) to acquire and hold such property, both movable and Immovable as the Board may deem necessary and to sell, lease or other- wise transfer any such property; (b) to construct residential or other buildings; (¢) subject to such rules as may be made in this behalf by the State Government ‘[* * * * * 7 to advance to a displaced person, or to any other person a loan for industrial or business purposes or for constructing re- sidential or other buildings; (d) to sell, lease or let out on hire any building or site belonging to the Board to any per- son, on such terms as may be prescribed; (e) to promote or cause to be promoted any trade, business or industry for the develop- ment of the township; 1Omitted by Punjab Act 19 of 1973, section 2. 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 81 DEVELOPMENT BOARD (f) to make provision for drains, sewers, water- supply and the lighting of streets; (g) to undertake measures to promote public health, sanitation education and social wel- fare and to promote or operate schemes of water-supply, drainage and irrigation; (h) to perform such other functions as may be prescribed. 16. Notwithstanding anything contained in any Amount due to law for the time being in force, where a loan has been the Board to be advanced to a displaced person under clause (c) of sub- first charge. section (2) of section 15, or where a building or site has been sold or leased or let out on hire under clause (d). of that sub-section to any person, the amount due to the Board on account of the loan, sale, lease or hire together with any interest thereon, shall be a first charge on the building, machinery, stock and other assets belonging to such person. 17. The State Government may, by notification in Powerst ot fl;e the official Gazette, apply to any township or a part Beard. el thereof, with such adaptations and modifications not sions of the affecting the substance as may be specified in the noti- P:lflj::t tM“““"' fication, all or any of the provisions of sections 61 to 79, fownship: 82 to 92, 96 to 110, 113 to 121, 121A, 122, 123, 125 wo 168, 170 to 170F, 172 to 185, 188 to 197, 199, 201 to 207; 209 to 222, 224 to 228 and 230 of the Punjab Municipal Act, 1911 (Punjab Act III of 1911) [* * o+ ok = inso faras such provisions are not inconsistent with the provisions of this Act, 18. Notwithstanding any agreement to the con- trary, the Board may, by notice, require any person Powers to call for repayment before agreed, — period. 'Omitted by Punjab Act 19 of 1973, section 2. Mode of re- 82 THE PEPSU TowNsHIrs [1955 : Pepsu Act 2 DEVELOPMENT BOARD to whom a loan has been advanced under this Act tc repay forthwith in full with interest thereon any such loan— (a) if it appears to the Board that false or in- * correct information in any material parti- cular has been given by the person for ob- taining the loan; (b) if the person has failed to comply with any terms of the contract with the Board in respect to the loan; or (c) if in the opinion of the Board there is a reasonable apprehension that the person is unable to pay his debt or that insolvency proceedings or proceedings for liquidation are to be started against him; or (d) if it is necessary in the opinion of the Board for any other reason to protect the interests of the Board. 19. If the amount of any loan or any instalment covery of loan. thereof or any interest thereon which has become due - to the Board in accordance with the terms of the con- tract or under the provisions of this Act, has not been repaid, then,— (a) without prejudice to any other remedy pro- vided by law, such loan, instalment or in- terest may be recovered as arrears of land revenue, or (b) where such loan was taken for the purposes of trade, business or industry, the Board may, subject to such rules as may be made in this behalf by the State Government ‘[* * * * *17 take charge of the trade, business or industry of the person on such terms and conditions as may be agreed upon. | Power of Tns- 20. (1) The Administrator or any other officer paction. empowered by the Board in writing in this behalf may, by order, require any person to whom a loan has been advanced or to whom a building or site has been leased I0mitted by Punjab Act 19 of 1973, section 2. 1955 : Pepsu Act 21 THE PEPSU TOWNSHIPS 83 DEVELOPMENT BOARD or let out on hire to furnish such information or to porduce such books of accounts and other documents for inspection at such time and place as may be specified in the order and such person shall comply with such order. (2) The Administrator or the other officer so em- powered may inspect such books of accounts or docu- ments produced and take extracts therefrom. (3) The Administrator or such other officer making the inspection or any person working under his orders, shall not communicate or allow to be communicated to any person not legally entitled thereto any infor- mation relating to the affairs of such person. (4) If any person contravenes the provisions of sub-section (I) or sub-section (3), he shall be punish- able with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both. 21. (I) If any person fails to pay on the date on which payment is due any tax, or any instalment of any tax, or any fee or any other sum (not being a loan) due to the Board under this Act or due to the Board as rent for any movable or immovable property under the control of the Board, the Board shall ordinarily within fifteen days after such date, cause a notice of demand to be served on such person or deliverd at or affixed to his place of residence or addressed by registered post to such place of residence or any other place where he may be known to reside and if no payment is made until the expiry of three weeks from the date of the issue of such notice, the amount of the arrear claim may if certified by the Administrator be recovered as arrears of land revenue. (2) Any postal charges incurred or any fee levi- able for the notice of demand under sub-section 1) magrl be added to the arrear claim and recovered as such. Recovery of arrears of taxes and other sums as arrears of land revenue after notice. Vesting of pro- perty in the Board. Expenditure before the establishment of the Board. fund of the Board. Power to the Board to spend. 84 THE PEPSU TOWNsHIpS [1955 : Pepsu Act 2 DEVELOPMENT BOARD CHAPTER IV ProOPERTY, FINANCE, ACCOUNTS AND AUDIT 22. All property movable and - immovable, and all assets and funds owned or acquired by the State Government for the purposes of construction and development of any township at any time before the establishment of the Board, shall on such establishment and subject to such conditions as may be.prescribed, vest in the Board. 23. All expenditure incurred by the State Go- vernment at any time before the establishment of the Board for any of the purposes under this Act shall be deemed to be the expenditure of the Board. 24. (1) The Board shall have its own fund and all grants and advances made to it from time to time by the Central Government or the State Government and all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom. (2) Save as may be prescribed, all moneys kelong- ing to that fund shall be deposited in such scheduled bank or vested in such securities as may be approved by the State Government. 25. Subject to sucL limitations and restrictions on the power of the Board as may be prescribed, the Board shall have power without reference to the State Government to spend such sums as it thinks fit for the purposes of this Act and the rules made thereunder, and such sums shall be deemed to be the expenditure payable out of the funds of the Board : | Provided that no sum shall be expended by or on behalf of the Board unless the expendi- ture of the same is covered by.a current budget grant sanctioned by the State Go- vernment. o y 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS g DEVELOPMENT BOARD 26. (1) All loans advanced to the Board by the Cen- f,‘:fi:’::;“fm‘“ tral Government or the State Government together with rest by Board, the interest accruing thereon at such rate as may, from time to time, be fixed by the Central Government or the State Government, as the case may be, shall be a first charge on the fund of the Board and the Board shall revay such loans with the interest thereon in such manner and in such number of instalments as may be determined by the Central Government or the State Government, as the case may be, and every such repayment shall be deemed to be a part of the expen- diture of the Board. (2) For the purposes of any loan granted to it by the State Government, the Board shall be deemed to be a local authority within the meaning of the Local Authorities Loans Act, 1914 (IX of 1914). 27. The Board shall prepare, in such form and at such time as may be prescribed, abudset budget in respect of every financial year showing its estimated receipts and expenditure during the finan- cial year and submit it to the State Government who may [* * * * Jsanction the budget with such altera- tions and modifications. If any, as the State Govern- ment may deem fit. (2) A copy of the budget of the Board as so sanc- tioned shall be forwarded by the State Government to the Central Government. 28. The Board shall, as soon as possible after the close of a financial year, prepare inAnrtual report. such form and before such date as may be prescribed, an annual report (including a statement of its assets and liabilities at the close of that financial year) giving a true and faithful account of its activities during the financial year, and copies thereof shall be submitted by the Board to the State Government o+ * 7 * . "Omitied by Punjab Act 19 of 1973, section 9. *Omitted by ibid &4 THE PEPSU TOWNSHIPS [1955 : Pepsn Act 2 DEVELOPMENT BOARD Accounts and 29, (I) The Board shall cause to be maintained such books of accounts and other bocks in rela tion to its accounts in such form and in such manne r as may be prescribed. (2) The accounts of the Board shall be audited by such authority (hereinafter referred to in this sec- tion as the “auditor™), at such times and in such manner ’ as may be prescribed. (3) The auditor shall be turnished by the Board with a copy of the annual report (including the state- ment of its assets and liabilities) for the financial year in respect of which the accounts are to be audited and it shall be the duty of the auditor to scrutinize the statement together with the accounts and vouchers relating thereto and for this purpose, he shall at ali reasonable times have access to the relevant books, registers, accounts and other documents of the Board and shall also have power to examine any officer or servant of the Board in relation to such accounts. (4) The auditor shall prepare a report on the aforesaid report and accounts (including the state- ment of assets and liabilities) audited by him and forward copies thereof to the State Government '[* * * * # % %% 7] {ogether with a statement whether in the opinion of the auditor, the report and accounts are complete and true in all material res- pects and exhibit a true and correct view of the state of affairs of the Board, and whether any explanation or information from the Board was called for and whether it has been given and whether it is satis- factory. ! @ CHAPTER ¥ MISCELLANEOTS Directions by 30. The State Government may, *[* * * * * *] give o Go. to the Board general instructions to be followed by vernment. 10Omitted by Punjab Act 19 of 1973 20mitted by ibid. l 1955 : Pepsu Act 2] THE pEPSU TOWNSHIPS L DEVELOPMENT BOARD the Board and such instructions may include a direc- tion to the Board regarding the exercise of its powers and performance of its duties ynder this Act in such manner as may be specified in the direction and such direction shall be binding on the Board. 8. (1) The Board shall furnish to the State Power o el Government at such time and in such form and statement, infor- manner as may be prescribed or as the State Govern. mation, etc. ment may direct, such returns and statements and such particulars in regard to any proposed or existing scheme as the Stale Government may, from time to time, require. (2) The State Government may at any time by order in writing addressed to the Administrator re- quire the Board to furnish it with such information, statement, report of 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 Admini- strator shall without delay comply with such order accordingly. The State Government may [ * Power to pro- * 32. ow - ¥ ox L ) order in writing, prohibit ‘;‘fb;‘egsofifig‘;f“;’; the execution or further execution of a resolution or order of the order passed or made under this Act by the Board, if Board. in the opinion of the State Government such resolu- tion or order is of such nature as to cause or tend 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 any act in pursuance of or under cover of such resolution or order : * 3"* * Tk #'l_ 10mitted by Punjab Act 19 of 1973. 2Certain words inserted by ibid. *Proviso omitted by ibid. Emergency po- wers of State Government. Representation by the Board. Power of Go- vernment to supersede Board. 88 . rHE pEPSU TownsHIPS [1935 : Pepsu Act 2 - DEVELOPMENT BOARD 33. (1) If, in the opinion of the State Gove rnment an emergency exists, it may direct that any work or acts which the Board is empowere d under this Act to exe- cute 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 o f executing the work or %f doing the act shall be paid out of the fund of the oard. . (2) If the expense ordered to be p aid under sub- section (1) is not forthwith paid, the State Govern- ment may make an order direc ting 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 s ame. 1[34. 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 representaticn to the State Government as it thinks fit and if mo such representation is rec iv ed within the period speci-~ fied, or if on consideration of a representation from the Board the State Government i s of opinion, that the order of prohibition shall be confirmed, modified or rescinded, the State Governmen t shall pass such order accordingly and the order so passe d shall be final.] 35. (1) If, in the opinion of the Stat e Government the Board becomes incompetent to perform or has persi- stently made default in the pe rformance of the duties imposed on it by or under this Act, or exceeds or abuses its powers, the State Go vernment may ‘[* ¥ + o & = = *] by notification in the Official Gazette, supersede the Board for such period as may be specified in the notificati on : Provided that befoL'e issuing a no tification under this sub-section the State Gove rnment shail 1Section 34 substituted by P unjab 19 of 1973, section 9 . 20mitted by ibid. ‘-. 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 89 DEVELOPMENT BOARD give a reasonable time to the Board to show cause why it should not be superseded and shall consider the explanations and objec- tions, if any, of the Board. (2) When the Board is superseded under sub-sec- tion (1), the following consequences shall ensue, namely :— (@) all the members of the Board shall, as from the date of supersession, vacate their offices as such members; (b) all the powers and duties which may, by or under the provisions of this Act, be exercis- ed or performed by or on behalf of the Board shall, during the period of superses- sion, be exercised and performed by such person or persons as the State Government * * *. * * ] may decide; (c) all property vested in the Board shali, during the period of supersession, vest in the State Government. .~ (3) On the expiration of the period of superses- sion specified in the notification under sub-section (1), State Government may '[* * * * * *], (a) extend the period of supersession for such further term as it may consider necessary; or. (b) constitute the Board in the manner provid- ed in section 4. ’ 36. The Board may, with the previous Delegation of approval of the State Government, by general POVers. 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 10mitted by Punjab Act 19 of 1973, section 2. | H 90 THE PEPSU TOWNSHIPS [1955 : Pepsu Act 2 DEVELOPMENT - BOARD powers and duties under this Act as it may deem necessary for the efficient running of the day to day administration of the Board. I &u})};finficfigfl 37. All orders and decisions of the Board other mstrn. Shall be authenticated by the signature of the ments of the Chairman or any other member empowered by the Board. 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. Dispute. 38. If any dispute, for the resolution of which this Act does not otherwise provide, arises bet- ween the Board and any other local authority, the matter shall be referred to the State Government and decision of the State Government thereon shall be final : Provided that where sthh dispute exists bet- ween the Board and a Cantonment Board, the decision of the State Government shall be subject to the approval of the Central Govrnment. Power of 39. Whenever it is ln‘ece‘ssary for the entry. Board to carry out any of its works or to make any survey or examination or investigation, prelimi- nary 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 speci- ally 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 thegowner 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 mak- ing of such survey, examination or investigation. Compulsory 46. Any land required by the Board for carrying scquisition of out any of the purposes of this Act shall be deemed Leard, . ¢ to be needed for a public. purpose and such land shall 1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS o9 DEVELOPMENT BOARD 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 with- in the meaning of clause (e) of section 3 of the said Act. 41, All members of the Board and Members, off- all officers and servants of the Board whether appoint- ¢ 214 ser- ed by the State Government or the Board, when acting Board to be or purporting to act in pursuance of any of the pro. Public servants. visions 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.) Procedure for 42. Unless otherwise expressly provided, no Court v tion, shall take cognizance of any offence under this Art or under any rules made thereunder except on the com- plaint of the Board or a person empowered by the Board in this behalf, 43. No suit or other legal proceeding shall lie Bar of legal against any officer or servant of the Board in respect Proceedings. of anything, done or purported to have been done in good faith under the provisions of this Act. 44. (1) When all the townships under thi- Dissolution of Act have been constructed and developed ‘;‘;fs‘ie:"gf its or have been so far constructed and developed asets and Iia- as to vrender the continued existence of the bilities to Board, in the opinion of the State: Government, un- ;fl:"“"t‘ge Govern- necessary, the State Government -may [* * * * ) * * %] by notification in the Official Gazette, de- clare 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. ISubstituted for the words “any local authority” by Punjab Act No. 6 of 1969, section 2. 2Omitted by Punjab Act 19 of 1973, section 2. 92 - wHE PEPSU TOWNSHIPS [1955 : Pepsa Act 2 DEVELOPMENT BOARD (2) On and from the said date— (a) all properties and funds placed at the di s- posal of the Board, all properties situated within the area of operation which immedi- ately before the said date were held by the Board and all dues realisable by the Boa rd, shall vest in, and realisable '[* * L ¢ % *] by the State Government; “(b) all liabilities which, immediately before the said date, were enforceable against, the Board shall be enforceable against *[the State Government]. (c) for the purpose of completing the execu tion of any work undertaken but not fully exe- cuted by the Board, and of realising pro- perties, funds and dues referred to in clause (a), the functions of the Board under this Act shall be discharged by *[the State Government]; and (d) °[the State Government] shall keep separate accounts of all moneys respectively receiv- ed and expended by ‘[it] under this Act until all loans raised thereunder have been repaid and until all liabilities referred to in clause (c) have been duly met. " *[(3) The properties and funds vested in the State Government under sub-section (2) which remain after meeting out the liabilities of the Board shall be trans- ferred to such local authority or local authorities as may be having jurisdiction over the townships in such proportion as the State Government may by order determine.] 1Certain words omitted by Punjab Act No. 6 of 1969. 2Substituted for the words “the said local authority concerned” by 3Substituted by ibid. 4Substituted for the word “them” by ibid. [ 5Sub-section (3) added by Punjab Act 19 of 1973, section 10. | | -1955 : Pepsu Act 2] THE PEPSU TOWNSHIPS 93 DEVELOPMENT BOARD 45. (I) The State Government may, sub- Power io make ject to the condition of previous publication, by ™ notification in the Official Gazette, make rules for carrying out the purposes of this Act. (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 associ- ate 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 ths Administrator under section 12; (d) the functions and duties of the Adminis- trator; (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 mannér 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; () tke services of notices and orders under this ct; (k) any other matter which has to be, or may be prescribed under this Act. 94 "THE PEPSU TOWNsHIPS [1955 : Pepsu Act 2 DEVELOPMENT BOARD (3) Al rules made under this section shall be published in the official Gazette. (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 hun- dred rupees. f;"}'::;_‘“ malk 46. The . Board mayl after previous publica- tion 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. siepcal and 47, The Patiala and 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 excise 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 proviso to section 47 of the said Act) shall be deemed to have been done or taken in exercise of 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. PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 25, 2016 101 (KRTK 3, 1938 SAKA) PART I GOVERNMENT OF PUNJAB DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB NOTIFICATION The 25th October, 2016 No. 36-Leg./2016.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 17th Day of October, 2016, is hereby published for general information:- THE PEPSU TOWNSHIPS DEVELOPMENT BOARD (AMENDMENT) ACT, 2016. (Punjab Act No. 29 of 2016) AN ACT further to amend the Pepsu Townships Development Board Act, 1954 with the aim and object to board base the Constitution of the Board to streamline the work. Be it enacted by the Legislature of the State of Punjab in the Sixty-Seventh year of the Republic of India as follows:- 1. (1) This Act may be called the Pepsu Townships Development Short title and Board (Amendment) Act, 2016. commencement. (2) It shall come into force at once. 2. Inthe Pepsu Townships Development Board Act, 1954 (hereinafter Amendment in referred to as the Principal Act) in Section 2 clause (g) shall be substituted the section 2 of . . the Act 2 of and clause (h) shall be inserted in place of clause (g) as under:— 1955, “(g) “Senior Vice-Chairman” means the Senior Vice-Chairman of the Board”. “(h) “Vice-Chairman” means the Vice-Chairman of the Board”. 3. In the principal Act, in sub-section (/) of section 4, the following Amendment in words “Senior Vice-Chairman” and “Vice-Chairman” shall be inserted after section 4 of the Pepsu Act 2 of the word Chairman and before words ‘seven other members’, and the word | << “seven” shall be substituted with the word six to read as under :— “(1) The Board shall consist of the Chairman, the Senior Vice-Chairman and Vice-Chairman and six other members, to be appointed by the State Government, of whom at least two shall be displaced persons settled in a township.” PUNJAB GOVT. GAZ. (EXTRA), OCTOBER 25, 2016 102 (KRTK 3, 1938 SAKA) 4. In the principal Act, in sub-section (3) of section 9, the following words have to be added:— (a) insub-section (1) for the word “Chairman”, the words “Chairman, Senior Vice-Chairman, Vice-Chairman” shall be substituted. 5. Inthe principal Act, sub-section (3) of section 9, the words “or in his absence Senior Vice-Chairman” after the words “or in his absence Vice- Chairman” and the word “their” shall be inserted in place of word ‘his” and sub-section (3) to read as under:— “(3) The Chairman or in his absence Senior Vice-Chairman or in his absence Vice-Chairman or in their absence any member, chosen by the members present from among themselves, shall preside at a meeting of the Board.” 6. In the principal Act, clause (d) of section 2, words “Senior Vice- Chairman” and “Vice-Chairman™ shall be inserted to read as under:— “(d) “member” means a member of the Board and includes the Chairman, Senior Vice-Chairman and Vice-Chairman. VIVEK PURI, Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1122/10-2016/Pb. Govt. Press, S.A.S. Nagar Amendment in the section 9 of the Pepsu Act 2 of 1955. Amendment in the section 9 of the Pepsu Act 2 of 1955. Amendment in section 2 of the Pepsu Act 2 of 1955.