The Punjab Local Authorities Laws (Exercise of Power) Act, 1953

1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 495 (EXERCISE OF POWERS) 'THE PUNJAB LOCAL AUTHORITIES LAWS (EXERCISE OF POWERS) ACT, 1953 Punias Act No. XXXIV or 1953 [Received the assent of the Governor of Punjab on the 28th October, 1953 and was first published in the Punjab Government Gazette (Extraordinary), dated the 2nd November, 1953.] An Act to provide for the performance of the functions of a Commissioner under certain laws. It is hereby enacted as follows :— 1. (1) This Act may be ciled as the Punjab Local Authorities Shon sile, Laws (Exercise of Powers} Act, 1953. extent and (2) 1t shail extend to the whole of the State of Haryana. f:e'::lmcc- (3) Itshall come into force at once in the principal territories and on the 27th January, 1959, in the transferred (errilories. 2. All the powers, functions, or duties of the Commissioner, Performance under the provisions referred to in Schedule I and Schednle IT of this of the func- Act, shall be exercised, performed or discharged, as the case may b, tions of the by the State Government and the Deputy Commissioner, respectively; Em:l'::fm"” and the enactments referred to therein shall be deemed lo have been az[homy_ amended accordingly. 3. Ip rclation to the enactments referred to in column T of Amendment of Schedule 111 of this Act, the provisions referred to in column 2 thergof certin Acts. shall be deemed to have been amended to the extent and in the manner indicated in column 3 thereof. ' 4. The State Government shall be compctent to delegate any Deligation. power, duty or function devolving upon itself as a result of this Act, to any Officer or other authority, to the extent as it may specify by a notification in this behalf. 4A. The State Government may, by general or special order, notified in the Official Gazette, authorise any officer or authority to exercise, perform or discharge all or any of the powers, functions or duties of the Deputy Commissioner under the provisions of this Act or I. For Statement of Objects and Reasons, see Punjab Goverament Gazetre (Extraordinary), dated 26th August, 1953, page 1496. Removal of difficulties. Saving of pending proceedings. Repeal of Punjab Ordinance No. Tof 1953, 496 LOCAL AUTHORITIES Laws [1933 : Ph. Act 34 (EXERCISE OF POWERS) enactments referred to in Schedule I and Schedule II of this Act (other than the Punjab District Boards Act, 1883), in such area and subject to such extent or restrictions as it may specify in such order. 5. If any difficulty arises in giving effect to the provisions of any of the enactments specified in the Schedules of this Act or any rule made thereunder, the State Government shall be competent to issue necessary instructions by means of a general or special order for the purposes of removing the same. 6. The provisions of this Act shall not affect the validily of any action taken or anything done by the Commissioner under any of the provisions of the enactments specified in the Schedules of this Act, before the commencement of this Act and anything done or any action laken shall be deemecd to have been done or taken under the provisions of this Act as if this Act was in force at the time when such thing was done or such action taken. 7. The Punjab Local Authorities Laws (Exercise of Powers) Ordinance, 1953, is hereby repealed but notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by or under the said Ordinance shall so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken in the cxcrcisc of the powers conferied 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. SCHEDULE 1 (Vide section 2 of the Act) Sections of the Punjab District Boards Act, 1883. Sub-section (2) of section 27, sub-section (2) of section 36, sub- sections (5} and (6) of section 39, and sub-section (3) of section 54. Sections of the Punjab Municipal Act, 1911. Sub-section (3) of section 38, sub-section (2} of seciion S0, sub- section (2}, of section 52, sections 84, 154-C and 187, section 235 and sub-section (3) of section 239. 1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 497 (EXERCISE OF POWERS) Sections of the Punjab Small Towns Act, 1921, Section 4, sub-section (. T ) of section 9, sub-section (2) of section 17, sections 33, 34, 36 and 37, sub-section (3} of section 38-C, and sub-section (2) of section 48-A. SCHEDULE I (Vide section 2 of the Act) Sections of the Punjab District Boards Aci, 1883. Section 13, sub-sections (1} and (2) of section 47, section 48 and sub-section (1) of section 62. Secrions of the Punjab Municipal Act, 1911. Sub-section (8) of section 3, section 24, sub-section (2) of section 32, sections 42 and 48, sub-section (2) of section 54, section 55, sub- sections {6) and {7) of section 62, section 83, sub-section (3) of section 121, section 192. Explanation under sub-section (7-A) of section 193, sub-sectior (5) of section 229, and sub-sections (1} and (2) of section 234, Sections of the Punjab Small Towns Act, 1921. Sub-section (2} of section 6-A, clause (m) of section 35, sub- section (2) of section 41, and section 42. 498 LOCAL AUTHORITIES LAWS [1953: Pb, Act 34 (EXERCISE OF POWERS) THE PUNJAB MUNICIPAL (EXECUTIVE OFFICER) ACT, 1931 Entry 12 in Schedule II SCHEDULE Il {Vide Section 3 of the Act) Title of the Act Section How amended The Punjab District Boards Act, 1883 {Act XX of 1883) The Punjab District Boards Act, 1883 (Act XX of 1383)—conid. 20-A 37(2) (& 38 39 (5) 39 41 {2) 44 (1) 44(2) 45 For the words “Section 5 of the Punjab Village Panchayat Act, 1921,” the words “the Punjab Gram Panchayat Act, 19527 shall be subslituted. The words “the Commissioner and subject to the cantrol of” shall be omitted. The words “the Commissioner or Commissioners of the division or divisions or when the districts are in different divisions and the Com- missioncrs cannot agree” shatl be omitted. For the words “Commissioner of the Division” the words “State Govern- ment™ and for the word “he” wherever it occurs, after the words “concurs in the objection” the word “it” shall be substituted. Shall be omitted. For the words “and Commissioner”™ the words “and the State Governmem™ shall be substilmed and the words “‘or when the Deputy Commissioner is a member of the District Bourd the Com missioner” shall be emitted. The words “Commissioner of the Division or the” the words “division o™ and the word “respectively™ shall be omitted. Shail be omined. The words “Commissioner of the Division or the™ the words “division or” and the word “respectively” shall be omitted. 1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 499 (EXERCISE OF POWERS) Title of the Act Section How amended The Punjab District Board Act, 1883 (Act XX of 1883)—conid. 48 49 50 (1) 50 (3) 54 (1) () 34 (D@ 55 (1) (p) 55-A The words “with the powers of a Deputy Commissioner™ shall be omitled. For the words “when the Commissioner makes any order ender section 45 or section 47 he shall forthwith forward - 1o the State Government and when the Deputy Commissioner makes any order urder section 45 or section 19-B or an afficer empowered under section 48 makes any order under section 19-B or section 47, he shalt forthwith forward to the Commissioner”. the words “‘when the Deputy Commissioner makes any order under sections 19-B, 44, 45 or 47 he shall forthwith forward to the State Government ar when an officer em- powered under section 48 makes any order under sections 19-B, 44 or 47 he shall forthwith forward to the Deputy Commissioner” shall be substituted. The words “Commissioners and™ shall be omitted. The words “Commissioner of the Division and the” shall be omitied, and for the ward “their” the word “nis” and for the word “them™ the word “him™ shall be respectively substituted. Shall be omited. - For the word “divisions™ (he word “disteicts” shall be substituted and the words “and the Commissioners of those Divisions cannot agree” shall be omilted. The words “Commisstonecs and” shall be omitted. For the words “Commissioner appointed to hold an inquiry into an election by he provisions of Part II of the Indian Election Offences Inquiries Act, 1920” the wards “an Cleciion 500 LOCAL AUTHORITIES LAWS [1953 : Pbh. Act 34 (EXERCISE OF POWERS) Title of the Act Section How amended The Punjab District Boards Act, 1883 (Act XX of 1883)—contd. The Punjab Municipal Act, 1911 {Punjab Act II of 1911) 55-A 64 (1) 3 (4b) 16 (2) 20 (1) Proviso lo section 20 () 32 (3) 33 38 () 30 () 50 (2) Tribunal appointed to hold an inquiry into an eleclion under the provisions of the Representation of the People Act, 1951, shali be substituied. The words “Commissioner and” and the words "“and Commis- sioners shall have and exercise over Deputy Commissioners” shall be omitled. Shall be omilted. After the words “State Government” the waords “or the Deputy Commissioner” shall be inserted. The words “in the case of a first class commillec or by the Commissioner in the case of o second class committee” shall be omitted. The words “or the Commissianer” and “the words “or the Commissiuner as the case my be” wherever they occur, and the words “or he” shall be omitted. The words “within the Division of the Commissioner™ shall be omitted. The words “in the case of committees of the first class and the Commissioner in the case of those of the second class™ shail be omitted. The words “in the case of a Municipality of the first elass and of the Commissioner in the case of a Municipality of the second class™ shall be omitted. The words “or if the Deputly Com missioner is 2 member of the Municipal Committee by the Commissioner” and the words “or Commissianer as the case may be” shall be omitted. The words “from the order of the Deputy Commissicner, or, if the order has been passed by the Commissioner, to the State Government” shall be omitted. 1953 : Pb. Act34] LOCAL AUTHORITIES LAWS 501 (EXERCISE OF POWERS) Title of the Act | Section How amended The Punjab Muni- 154-C (B For the words “Commissioner of the cipal Act, 1911 Division” the words “Stale (Punjab Act III Government™ shall be substituted. of 1911)-contd. 154-C (4) The words “or the Commissioner” and the words “or the Commissioner, as the case may be” and last proviso shail be omitted; and for the word “him™ the word “it" shall be substituted. 193 The words “the Commissioner or"” wherever occurring except in lthe Explanation under sub-section (1-a) shall be omitted. 225 (1) The words “10 the Commissioner in the case of a Comminee of a first class Municipality or” and the words “in the case of a commitice of a second class municipality and the proviso" shall be omilted. 231 () The words “Commissioner or the" and the words “within their respective charges™ shall be omitted and for the _ words “the Commissioner in the case | of municipalties of the first class or the Depuly Commissioner in the case of municipalities of the second class™ the word “him" shall be substituted. 231 (2) The words “Commissioner or the” shall be omitted. 232 The words “‘Commissioner or” shall be omitted. 234 (1) ‘The words “of the first class” shall be omitted. 234 (3) Shall be omitted. 235 The words “and when the Commis- sioner makes any order under section 232 ac section 234, he shali forwthwith forward to the State Government” and the words “‘the Commissioner or” and the words “as the case may be"” shall be omitted. 502 LOCAL AUTHORITIES LAWS [1953 : Pb. Act 34 (EXERCISE OF POWERS) Title of the Act Section How amended The Punjab Muni- 236 (1) The words “and the Commissioners" cipal Act, 1911 shall be omitted. a;";?;'b AchII of 236 (2) The words “"Commissioner o shall be 1910 —conrd. omitted. 236 () The words “Commissioner of the Division, and the” shall be omitted and for the word “their™, the word “his” and for the word “them™, the word “him” shall be respectively substituted. 237 The words “and the Commissioner shall exercisc over the Deputy Commis- sioner” shall be omitted. 239 (1) (b} Shall be omitted. 239 (1) (c) For the word “Division" the word The Punjab Small Towns Act, 192] {Punjab Act No. It of 1922). 240(1) (w) 240 (2) (i) 256 4@3) 4@ 4(6) “Districts” shall be substituted and for the words “and the Commissioners of those Divisions cannat agree™ shall be omitted. The words “Commissioner and” shall be omitted. The waords “in the case of a Municipality of the first class or of the Commissioner in the case of a Municipality of the secord class” shall be amitled. The words “in the case of an election held in a municipality of the first class and the Commissioner in any other case” and in the proviso the words “Commissioner or the” shall be omitted. The wards “or by the Commissioner” shall be omitted. In sub-section (3) for the words “The appointmenl” the words “The nomi nation of advisers” shall be sub- stituted. The wards “appoiniment and™ shall be omitted., Shall be omitted. 1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 503 (EXERCISE OF POWERS) Title of the Act Seclion How amended The Punjab small Towns Act, 1921 (Punjab Act No. I of 1922}-—contd. 4-A Proviso (i) o section 4-A Proviso (ii) 1o seclion 4-A Proviso (iii) to section 4-A 6 (1) 6(2) 6 (3) Proviso 10 section 6 (3) 8 9 9 (3) 34 36 (1) The words “or appointed” shall be omitted. The words “or appointment as the case may be"” shall be omitted. “w The words “or in the case of such invalid appointment, the Commissioner shall appoint another person in the manner prescribed in sub-section (2) of section 4 and in such case the proviso (0 sub-section (2) of section 4 shall not apply™ shall be omitted. The words “or appointment” wherever occuring shall be omitted. For sub-section (1), the following shall be substituted, namely — *(1) The term of office of ex-officio advisers shall, unless the State Govern- ment otherwise direcls, be coterminous with the terms of office by virtue of which they are appointed.” The words “all other” shall be omitted. The words “appointment or™ shall be omitted. The words “or appointment” shall be omitted, The wards “'by appointment or” and the words “appointed or” whercver occur- ring, shall be omitied. The proviso shall be emitted. The words “nominated or” shall be omitted. The words "of the Division™ shall be omitted. For the word “through” the word “to” shall be substituted and the words *'to the Commissioner” shall be omitted. 504 LOCAL AUTHORITIES Laws [1953 : Pb. Act 34 (EXERCISE OF POWERS) Title of the Act Section How amended The Punjab smali Towns Act, 1921 (Punjab Act No, I of 1922y—contd. The Punjab Muni- cipal (Executive Officer) Act, 1931 (Punjab Acit No, I of 1931) 38-C (3) 38-C (4) Praviso (o section 38- C 47 S1(D @) 52 10 The words “of the Division”shall be omitted. The words “or the Commissiones™ shall be omitted. The words “by the Commissioner™ and “to him” and the words “or the Com- missioner as the case may be" shall be omitted and in the last proviso for the words "Commissioner to do so” the words Deputy Commissioner to decide the appeal, if pending before him™ shall be substituted. The words “Commissioner or™ shall be omitied. The words “appointment or” shall be omitted. For the words “Commissioners appoin- ted to hold an enquiry into an election by the provisons of Part I1 of the Indian Election Offences and Inquiries Act, 1920”7, the words “an Clection Tribunal appointed to hold an inquiry into an election under the provisions of the Representation of the Peoples Act, 19517 shall be substituted. The words “the Commissioner” shali be omitted. P.M. ISMAIL, Secrelary 1o Government, Punjab, Legistative Department. 374451 R —HGP,Chd.