The Punjab Municipal (Executive Officers) Act, 1931

PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2. 209 OFFICER) THE PUNJAB MUNICIPAL (EXECU TIVE OFFICER) ACT, 1931 (PUNJAB ACT No. 2 OF 1931) CONTENTS SECTIONS 1. Short title, extent and commenceme nt. 2. Definitions. 3. Appointment and pay of the Executive Officer. 4. Powers of the Executive Officer. 5. Executive Officer to have powers of Secretary. 6. Contracts. 7. Delegation of powers by the Execu tive Officer. 8. Preparation of Budget. 9. Attendance of meetings. 10. Control by Government. 11. Power of State Government to make rules. SCHEDULES- Schedule I. Schedule II. 1931: Pb. Act 2.] PUNJAB MUNICIPAL (EXECUTIVE 211 OFFICER) THE PUNJAB MUNICIPAL (EXECUTIVE OFFICER) ACT, 1931 PUNJAB ACT No. 2 OF 1931 [Received the assent of His Excellency the Governor on the 2nd July, 1931, and that of His Excellency the Viceroy and Governor-General on the 2nd September , 1931, and was first published in the PUNJAB GAZETTE, EXTRA- ORDINARY, of the 18th September, 1931.] 31 Year No. Short title 1931 2 The Punjab (Execu- tive Officer) Act, 1931 Whether repealed or otherwise affected by legislation Amended by Puniab Act 2 of 1934 Amended by Government of India (Adap tation of Indian Laws) Order, 1937 Amended by East Punjab Act, 18 of 1948 Amendea by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order. 1948 (G.G.O. 40, Amended by Punjab Act 12 of 1950 Amended by the Adaptation of Laws Order, 1950 Amended by the Adaptation of Laws (Third Amendment) Order, 1951 Amended by Punjab Act 34 of 1953 Adapted by Punjab Adaptation of Laws (Concurrent Subjects) Order ,1968. For Statement of Objects and Reasons, see Punjab Guzette, Extraordina y, 193 dated 24th February, 1931, ard for Report of the Select Committee, see ibid 19331 Part V. Pages 4-10: for Proceedings in Council see the Puniab Legislati'e Courc Debates, Volume XVIII, pages 275-99, 59--605, 687-701, 781-88:, Volume XIX pages 42-75, 91-119, 121-40, 143-53, 201— 35, 346-68. For Statenment of Objecis and Reasons, see Puniab Gazette, 1934, Extraordinary. page 8, and for Proceeding in Council, cee the Punjab Legislative Courcil Debates, Volume XXIII, page 734-45, Volume XXIV, pages 212-14, 310-342: 1199- 1223: Volume XXV, page 610. The Punjab Municipal (Executive Officer), (Amend- ment) Act (2 of 1934), came into force on 4th May, 1934- vide Punjab Government Notification No. 14092, dated 28th April, 1934 For Statement of Objects and Reasons, et Fast Punjab Gazette, 1948, Extra- orginary, page 177, and for Proceedings in the A sembly see East Punjab Legislative Assembly Debates, 1948 Volume 1!, pages 874-75. 4For Statement of Objects and Reasons, see Punjab Gazette, 1950, Extraordinary, page 166-B and for Pro-eedings in the Assembly see Punjab Legislative Assembly Debates, 1950 Volume I, pages 20) 37- (20) 38, For Statement of Objects ana Reasons, see Punjab Governmert Gazette (Exra- ordinary), 1953, page 1496 for proceedings in the Assembly, see Punjab Legislative Assembly Debates, 1953, Vol, II, Pages (2) 73-(2)80. Preamble. Short title, extent and commence- ment. Definitions. Appointment and pay of the Exccu- tive Officer. 212 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2 OFFICER) An Act to provide for the appointment and powers of Executive Officers in municipalities in [Punjab] and for that purpose to amend the Punjab Municipal Act, 1911. WHEREAS it is expedient to provide for the appointment and powers of Executive Officers in municipalities in [Punjab] and to amend the Punjab Municipal Act, 1911. for that purpose; It is hereby enacted as follows:- 1. (1) This Act may be called the Punjab Municipal (Executive Officer) Act, 1931. (2) It may by notification be extended by the State] Government to any municipality in Punjab. (3) It shall come into force on such date3 as the [State] Government may, by notification, appoint in this behalf. in 2. In this Act unless there is something repugnant the subject or the context - (a) " contract" includes a transfer of property (b)" the committee" means the municipal com- mittee to which the Act has been, by notifica- tion, extended; (c). " the Municipal Act" means the Punjab Muni- cipal Act, 1911. 3. (1) Notwithstanding anything to the contrary contained in section 26 and 27 of Municipal Act, the committee, shall, by resolution to be passed by not less than five-eighths of the total number of members consti- tuting the committee for the time being, at the meeting convened for the purpose of appointing an Executive Substituted for the word "s East Punjab" by the Adaptation of Laws (Third Ameadment) Order, 1951. *Substituted for the word ' Provincial" by the Adaptation of Laws Order, 1950. It care into forse or 16th O-tober, 1931,- vide Punjab Governme n Notifica'ion No. 30693, dated 14th October, 1931, publishcd in Punjad Government Gazette, 1931 Part I-A, Page 454. 1931: Pb. Act 2] PUNJAB MUNICIPAL (EXECUTIVE OFFICER) 213 Officer at which no other business may be transacted, ap- point, within three months from the date of notification issued under sub-section (2) of section 1, a person, with the approval of the [State] Government, as Executive Officer, for a renewable period of five years on such rate of pay not exceeding one thousand and five hundred rupees inclusive of all allowances, as it may deem fit : Provided that if the appointment is renewed the maxi- mum salary inclusive of all allowances shall not exceed Rs 2,000. (2) If at the meeting convened for the purpose of ap- pointing an Executive Officer a resolution of appointment cannot be passed through failure of any candidate to secure the prescribed five-eighths majority, the chairman shall, on requisition made in writing by not less than one-third of the total number of members constituting the committee for the time being, convene another meeting to be held within fourteen days: Provided always that such meeting shall be held within three months from the date of the notification issued under sub-section (2) of section 1. (3) The resolution of appointment of an Executive Officer, whether considered at an adjourned meeting or at a meeting convened under sub-section (2), shall not be deemed to be passed unless by the majority prescribed in sub-section (1). (4) If the committee fails to appoint an Executive Officer within three months from the date of notification issued under sub-section (2) of section 1, the [State] Government may appoint any person as Executive Officer of the committee for a renewable period not exceeding five years on such rate of monthly pay not exceeding Rs. 1,500 inclusive of all allowances as it may deem fit : Provided that if the appointment is renewed the maxi- mum salary inclusive of all allowances shall not exceed Rs 2,000. Substituted for the word" Provincial" by the Adaptation of Laws Order, 1950. 214 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2 OFFICER) (5) When a member of the committee is appointed Executive Officer, he shall on his appointment cease to be a member of the committee. (6) The remuneration of such Executive Officer shall be payable by the committee from the municipal fund. (7) The Executive Officer may at any time be suspend- ed or removed from office by the 1[State] Government and shall be so suspended or removed if at a meeting of the committee convened to consider the question of his sus- pension or removal not less than five-eighths of the total number of members constituting the committee for the time being vote in favour of his suspension or removal, and if the Executive Offier is suspended the committee shall appoint some person with the approval of the¹ [State] Government to officiate as Executive Officer. (8) Leave may be granted to the Executive Officer by the committee, and, whenever such leave is granted for a period exceeding one month, the committee shall appoint some person, with the approval of [State] Government. to officiate as Executive Officer : Provided that if the period of leave does not exceed one month the President or in his absence the Vice- President shall without remuneration exercise the powers of Executive Officer for the period of such leave. (9) Whenever an Executive Officer dies, resigns or is removed the committee shall, within three months of his death, resignation or removal, appoint another person to be Executive Officer in the manner provided in sub-sections (1) to (3), and if the committee fails to appoint such a person within such period the 1[State] Government may appoint such a person in the manner provided in sub- section (4): Provided that the President or in his absence the Vice-President shall, without remuneration, exercise the powers of Executive Officer until another Executive Officer is appointed. Substituted for the words "Provincial" by the Adaptation of Laws Order, 1950. 1931: Pb. Act 2] PUNJAB MUNICIPAL (EXECUTIVE 215 OFFICER) 4. In a municipality in which an Executive Officer has been appointed- (a) the executive power for the purpose of carrying on the administration of the municipality shall, subject to the provisions of this Act and of any rules made under this Act, or under the Muni- cipal Act, vest in the Executive Officer; (b) the powers conferred and duties imposed upon, the functions vested in, and the objections to be tendered and notice given to, the committee under the sections of the Municipal Act men- tioned in schedule I, shall not be exercised or performed by, vested in, or be tendered or given to the committee, but may be exercised or shall be performed by, or shall vest in, or shall be tendered or given to, the Executive Officer, provided that- (1) the power conferred by section 39 of the Municipal Act shall not be exercised by the Executive Officer and may be exercised by the committee in respect of the appointment of any officer or servant of the committee to a post for which the monthly remuneration exceeds [Rs 25], and in respect of the power of removal or dismissal of any officer or servant whose monthly remuneraton exceeds Rs 45, provided that the Executive Officer shall dismiss an employee if required by the committee to do so ; (if) the power to revise the valuation and assess- ment conferred by section 65 of the Muni- cipal Act and the power to amend assessment list conferred by sub-clause (1) of section 67 of the Municipal Act shall be exercised by a sub-committee consisting of the Executive Officer and two members of the committee appointed by the committee for the purpose. Substituted for the words "Rs. 45 in the case of the municipality of Lahore and Rs 25 in the case of other municipalities" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948. (GGO 40.). Powers of the Exe cutive O fficer. 216 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2. OFFICER) (iii) the power of the Executive Officer to with- hold the grant of a license for any of the trades or purposes specified in sections 121, 122 of the Municipal Act or to withhold written permission under section 124 of the Municipal Act may by bye-law be made subject to revision by the Committee. (iv) the exercise or discharge by the Executive Officer of any power, duty, or function thus conferred, imposed or vested in him, shall be subject to such restrictions, limitations and conditions as may be imposed by any rules made by the 1[State] Government, under the Municipal Act upon the exercise or discharge of such power, duty or function by the committee; (c) the Municipal Act shall be deemed to have been amended in the manner set forth in schedule II ; (d) no bye-laws inconsistent with this Act shall be made by the commitee in exercise of the powers conferred by section 31, of the Municipal Act and, if any such bye-laws have been made, they shall be deemed to have been cancelled to the extent to which they are thus inconsistent; (e) if in any bye-law made by the committee in exercise of the powers conferred by sections 188, 189 2[or 197] or in any rule made in exercise of the powers conferred by section 3 of the Hackney Carriage Act, 1879, it is pro- vided that notice shall be given to or licenses granted by the committee, such bye-law or rule shall be deemed to have been amended so as to provide that subject to bye-laws made under the Municipal Act or rules made under this Act such notice shall be given to, or such license granted by, the Executive Officer. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Substituted for "197 or 198"by Punjab Adaptation of Laws (State and coacurrent Subjects) Order, 1968. 1931: Pb. Act 2.] PUNJAB MUNICIPAL (EXECUTIVE 217 OFFICER) 5. The Executive Officer may exercis e all or any of Executive Otficerto have powers the powers conferred upon the Secretary of the committee of Secreta ry. by the Municipal Act or by any rule or bye-law made thereunder or under any other Act. 6. (1) Every contract to be entered into by the com- Contracts. mittee shall be made on behalf of the committee by the Executive Officer: Provided that the Executive Officr sha ll be bound by any resolution of the committee fixing terms, ra tes or maximum prices in the particular case or an y class of cases. (2) No contract affecting immoveable property or in- volving a sum exceeding such sum as the committee may fix shall be made by the Executiv e Officer unless it has been sanctioned by the committee. (3) Every contract made by the Execu tive Officer shall be reported to the committee w ithin fifteen days of its being made. (4) Every contract made by the Executive Officer on behalf of the committee shall be entered into in such man- ner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or dis- charged: Provided that every contract involving a sum exceed- ing one hundred rupees or affecting immoveable p roperty shall be in writing and shall be sealed w ith the common seal of the committee. (5) The common seal of the committee shall remain in the custody of the Executive Officer and shall not be affixed to any contract or other instrument except in the presence of the Executive Officer who shall sign the contract in token that the same was sealed in his presence. (6) No contract executed otherwise than as provided in this section shall be bi.ding n the con.mittee: Provided that, when work is given on contract at unit rates and the number of units is not precisely determinable,