The Punjab Town Improvement Trust Act 1922

1922 : Ph. Act IV.] rown IMPROVEM ENT 609 THE PUNJAB TOWN IMPROVEMENT ACT, 1922. CONTENTS. CHAPTER T Preliminary., SecTIONS 1 2, 3. 4 Title, extent and commencement, Definitions, CHAPTER II. Constitution. Creation and incorporation of Trust. Constitution of Trust. 4-A. Appointment of Tr:;stees, during suppression of 3. 6. 7 8. 1 0. 1 1 1 12 13 14, 15. 16. 17, 18. 19, 20, 21 Municipal Committees, Term of office of Chairman, Term of office of other Trustees. Resignation of Trustees, Filling of casual vacancies, Remuneration of Chairman and Trustees. Removal of Trustees. Disablities of Trustees removed under section 10, CHAPTER I11, Proceedings of the Trust and Committee. Meetings of Trust, Temporary association of members with the Trust for particular purposes. Constitution and functions of Committees, Meetings of Committees. Trustees and associated members of Trust or Commit- tee not to take part in proceedings in which they are personally interested. Power of Trust to fix number and salaries of perma- nent servants and appointment of temporary servants in case of emergency. Power of appointment, ete. Contrel by Chairman, Delegation of certain Chairman’s functions, Supply of information and documents to Government. 6l SFCTIONS a9 23 24 26. 25 28, . 31 a2, 33 34 35 36. a7, TOWN IMPROVEMENT [1922 : Ph. Ay v, CHAPTER 1V. Schemes under the Act, Matters to be provided for by General ]mpm“'emem scheme or Re-building scheme. Streets schemes and Deferred Street schemes, Development and Expansion schemes, Housing Accommodation scheme, Re-housing scheme, Re-housing of displaced resident house-owners, Combination of schemes and matters which may be provided for in schemes, Effect of preseribing a street alignment on Powers of Municipal Committee. Pawer of Trust to set back or forward buildings ag. jacent to the street alignment, Prohibition of building beyond a street alignment, Acquisition of property affected by deferred street scheme. Official representation. Consideration of official representation. Matters to be considered when framing improvement schemes, Preparation, publication and transmission to notice as to improvement schemes, and supply of documents to applicants, Transmission to Trust of representation by Committee s to improvement scheme, Notice of proposed aequisition of land. Furnishing of information available in Municipal records, Abandonment of stheme, or application to Central Government to sanetion it, Power to sanction, reject or return scheme. Notification of sanction of scheme, Alteration of scheme after sanction, Inclusion of different localities in combind scheme. CHAPTER V, Powers und Duties of the Trust where a scheme has been 45. sanctioned, Transfer to Trust of building or land vested in Munici- pal Committee for purposes of scheme, 1922 : Ph. Act IV.] rowy IMPROVEMENT 611 SEcTIONS 46. Transfer of private streets for purposes of scheme, 47. Provision of drain or water-work to replace another situated on land vested in the Trust under section 45 or section 46, 48. Power of Trust to make and deal with public street. 49. Powers under the Municipal Act vested in the Trust, 50. Limitation of powers of Trust under section 49, 30-A. Power to levy betterment contribution, . 50-B. Principles for calculating betterment contribution, 50-C. Assessment and callection of betterment contribu- tion, . 50-D. Option of objecting owner to require the Trust to ac- quire his property, 51. Power of the Trust to facilitate movement of popula- tion. 52. Power to make surveys or contribute towards their cost. 53 Power of entry. 54 Reference of disputes to Tribunal. 55. Vesting in Committee of streets laid out or altered, and open spaces provided by the Trust under a scheme, CHAPTER VI, Aecquisition, Tribunals and application of Act to other Authorities, 56. Abandonment of acquisition in consideration of speecial payment. 97. Agreement or payment under section 56 not a bar to acquisition under a fresh declaration, Tribunal to be constituted, Modification of the Land Acquisition Apt, 1804, Constitution of Tribunal, Remuneration of members of Tribunal, 62. Officers and servants of Tribunal, Mode of payment. Power to make rules for Tribunal. Award of Tribunal how to be determined. Application of Act to acquisition by other local autho- rities, r B 8 g 8 g g a s Y TOWN IMPROVEMENT [1922 : Ph. Aet 1y 612 CHAPTER VI Finance, SECTIONS. G7. G5, 69. . Power of Trust to borrow money. Contribution by Municipal Committee. Custody and investment of Trust funds, Procedure if the Trust fails to make any payment in respect of leans of the Trust. 71. Procedure if Chairman of Board fails to make an ment due to Accountant-General. Payment by Central Government to be a charge on the property of the Trust. CHAPTER VIIL Rules. 73. Power of Central Government to make rules. 74, Power of the Trust to make rules. Printing and sale of copies of rules. ¥ pay- 72 7a. 76. Power of Central Government to cancel rules made under section T4 CHAPTER IX. Procedure and penalties. 77. Stamping signature on notices or bills. 78. Method of giving public notice. | 79. Service of notice. 80. Disobedience to Act or to notice. Power of Trust to executive works on failure to comply 81. with notice. Liability of occupier to pay in default of owner. 82. 83. Right of occupier to execute works in default of ownel. 84, Procedure upon opposition to execution by occupier: 85. Recovery of cost of work by the occupier. 86. Recovery of expenses of removal by Trust. 87. Reliefl to agents and trustees. 88, Application of seetion 222, Municipal Act. Penalty for removing fence, etc, in street. 89. 90. Power to prevent or demolish building in contrave g mark- of sections 30 and 31. 91, Penalty for obstructing contractor or removin 92, |Repealed.] 1922 : Pb. Act IV.] TOWN IMPROVEMENT 613 BECTIONS 94, 95, a7. 98, 100, 101. 102. 103. CHAPTER X, Supplemental Provisions, Trustees, ete., deemed public servants. Contributions by Trust towards leave allowances and pensions of servants of the Government. Autherity for prosecutions. Power of Chairman as to institution, ete., of legal pro- ceedings, and obtaining legal advice. Indemnity to Trust, ete Notice of suit against Trust, etc. Mode of proof of Trust records. Registration on the summoning of Trust servants to produce documents, Validation of Acts and proceedings. General powers of Trust to pay compensation, Ultimate dissolution of Trust, and transfer of its assets and liabilities to the Committee. THE SCHEDULE. (Referred to in section 59). Further modifications in the Land Acquisition Act, 1804 1 2, R l 10. 1L 12 13. 14. 15. Amendment of section 3. Notification under section 4 and declaration under sec- tion 6 to be replaced by notification under sections 36 and 42 of this Act. Amendment of Section 11, Amendment of section 15. Amendment of section 17. New section 17-A—Transfer of land to Trust. Amendment of section 18. Amendment of section 19, Amendment of section 20, Amendment of section 23, Amendment of section 24, New seclion 24-A-—TFurther provision for determining compensation. Amendment of section 31. New section 43-A—Compensation to be awarded when land not required within one year. Amendment of section 48, 1922 : Pb. Act IV,] TOWN IMPROVEMENT 615 'THE PUNJAB TOWN IMPROVEMENT ACT, 1922, PunJsae Acr IV or 1922. [Received the assent of the Governor o j s f the Punjab on the 26th Sentember, 1922, and that of the {'}au?zmor— ;Gemzra! on the 29th October, 1922, and 1was first published in the Punjab Gazette of the 17th Novem- ber, 1922.] - — — 1 |2 3 | & i — - Year | No. Short title Whether repaal=d or otherwite affected by legislation 1271 .. | IV | The Punjab Town im- | Amendzd, by Punjab Act VIITof provement Act. 1922 1916% Amended, Government of India | (Adaptation of Indian Laws) oOrdzr, 1937. | Amended By the Indian Indc- pendance (Adaptation of Bengal and P.ngui:o cts) Order of 1948 (G. G. . Amended by the Adaptation of Laws Order of 1950. Amended by the Adapration of | * Taws Third = Amendment), Order, 1951. . Arrgn:ied by Punjab Act, XV of | 1952 Amended in part by Punjab Act Xxx1of 1945 ,&I?se?ndcd by Punjab Act XXIX of Amended by Punjab Act XXV of 19647 Amended by the Punjab Reorganisa. tion (Chandigarh) (Adaptation of | Laws of State and Concurrent 1 Subject) Orler, 1962% | | ! L - e s e — A —— 3 0 ¢ and Reasons, see Punjab Guozette, 1021 , 1For Statements of Object ! ett Part I-A, pages 162, 104 ; for Select Commitlee' s report, see ibid, 1922, and for Proceedings in Council, see Punjab Legis- Part V, pages 53—110 B Couneil Debates, Vol, II, pages 109—12, 432—34; Vol IV, pages 41, 24057 and 271—T74 . aSee Punjab Gazette, 1922, Part I, pages 96603, EFor Statement of Objects and Rea sons, see Punjab Gazette, (Extra- ordinary), 1936, page 159 , 4For Statement of Objects and Heasons, see Punjub Government Gazette (Extraordinary), date d 24th July, 1952, page 604, fFor Statement of Ob{ecta and Reasons, see Punjab Government Gazette (Extraprdinary), 1954, page 550. SFor Statement of Objects and Reasons, see Punjab Government Gazette (thmordingr;u}, 1954, page 740. Objects and Reasons, see Puniab Government 1TFor Statement o Garette (Extroordinary), 1864 pages 835—37. 616 TOWN IMPROVEMENT [1922 . py, Act 1y An det for the Improvement of Certain Aregg ’ Wnereas it is expedient to make provision for 4}, Preamble. provement and expansion of towns in *[Punjab], ang ‘;]'j"“' as the previous sanction of the Governor-Generg] uora seclion 80-A (3) of the Government of India Act hag Eder obtained; It is hereby enacted as follows 1— %en CHAFTER L. PRELIMINARY. e e 1. (1) This Act may be called the Punjab Town [y, ::n!_ provement Act, 1922, (2) It extends to the whole of *[Union territory of Chandigarh]. : (3) This section and section 66 shall come into foreq at once. The *[Central Government] may by notifieation propose to apply the rest of the Act to the whole or any part of any municipality and to any locality adjacent thera. to, on such date as may be speeified in such notification: and the Act shall come into operation after the lapse of three months unless within that period the municipal com. mittee concerned at meeting convened for the purpose of considering the application of the Act resolve by a majority of two-thirds that the Act should not be so applied. Definitions. 2. In this Act unless there is something repugnant in the subject or context— (1) words and expressions not defined in this Act have the same meaning as in the Punjab Muni- cipal Act, 1911, as from time to time amended (hereinafter called the Municipal Act) ; (2) “land” includes land as defined in clause (5}: of section 3 of the Land Acquisition Act, 1804 3 (3) “street” alignment” means lines forming boundaries of a street dividing the same from " lands adjoining on either side ; o S R T r -_'nsefl' 1Substituted for the words “East Punjob” (which had bee n HUC ed for the word “Punjab’’ by the Indian Independence (fid:P“ of Bengal and Punjab Acts) Order, 1948), by the Adeptatlon (Third Amendment) Ovder, 1951 . ton 25ubstituted for the word "Punjab” by the Punjab Refl‘lgs“l’;.gi:cm (Chandigarh) (Adaptation of Laws on State and Concurren! Order, 1968, “Substituled for the words “State Government” by ibid. el 1922 2 Ph, Aet V.| Town TMPROVEMENT Nl 4) "building Tine” means strect alignment a building alult lawfully extond n line (in rear of the ) up to which the main wall of ing on n projected stroet may (5) "“tribunal” means a tribunal constituted under section 60 ; (6) “Municipal Commiltee” means the committe: established in accordance with the provisions of the Municipal Act, for the municipality to which ar to any part of which or to any locality ad- jacent to which the provisions of this Aet hawve been applied under sub-section (3) of seteion 1 (7) “local area” means the area to which this Act has been applied and the area within which = trust has been created for the purposes of car- rying out the provisions of the Act : (8). all references to anything done, required, au thorised, permitted, forbidden or punishable, or o any power vested, under this Act shall inelude anything done, required, authorised, permitted forbidden or punishable or any power vested— (a) by any provision of this Act, or (B) by any rule or scheme made under the pro- visions of this Act, or (¢) under any provision of the Municipal Act which the trust has by virtue of this Act power to enforce; (9)"prescribed” means preseribed by rules made by the '[Central Government] under this Act . (10} “notification” means a notification published in the *[Official Gazette]. TSubstiiuted for the words “Sfate Government” hv the Puniab Reorganisation (Chandjgarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1068, 2Substituled for the words “Punjab Gazette by the Government of Indin (Adaptatlon of Indian Lews) Order, 1937, mearporation Cuozms=titution N 615 TOWN IMPROVEMENT [1922 : Ph, po v CHAPTER 1II. Consrirurion oF Trusts, und 4. The duty of carrying out the provisions ; “in any local arvea shall, subjeet 1o ihnpccmiitinnsu?m%fip tations hereinafter contained, be vested in a bnal:d to]ml_ called “The (name of town) Improvement Trust” inafter referred to as “The Trust™”; and every such bo?& shall be a body corporate and have perpetual succem‘mrd ‘-1:\.:-'dm‘.-_-1mm1 seal, and shall by the said name sue and ba sued. 4. (1) The trust shall ist of a e consist of seven trustees, name. (a) a chairman, (b) threde members of the municipal committes, an (¢) three other persons. ) (2) The chairman and the three persons referred to in clause (¢) of sub-section (1) shall be appointed by the 'ICentral Government] by notification. (3? The members of the municipal committee refer- red to in clause (b) of sub-section (1) shall be elected by the municipal eommittee. (4) If the municipal committee does not by such date as may be fixed by the '[Central Government] elect a person to be a trustee, the *[Central Government] shall, by notification, appoint a member of the municipal committee to be a trustee, and any person so appointed shall be deemed to be a trustee as if he had been duly elected by municipal committee. (5) Of the persons referred to in clause (¢) of sub- section (1) not more than one shall be a servant of the * Government]. . Explanation. For the purposes of this section the term servant of the *|Government] does not include “G:: vernment treasurer, a person holding a purely honoraty " jab .. 1Substituled for the words “State Government” hv the Pl-lflon_ Reorganisation (Chandigarh) (Adaptation of Luws on Sfate and c current Subjects) Order, 1968, . 25ubstituted for the word "Crown" by the Adaptation Order, 1850, of Lawe et 1922 Ph. Acl W] rown iverovemen 614 office er person who has retired from the service of the 'IGovernment)], *[4-A. During the period of su X i : persession of a Muni- an ot cipal Committee undor seetion 238 of th: Punjab Municipal 7 1‘1'1““! . o Act, 1011, the three seats allotied to the Municipal Com- Manieioa Corme mittee on the trust under clause (b) of sub-section (1) of mittmes. section 4 shall be filled by the [Central Government| by appointing any three persons by notification in the *[Official Gazette]. The term of office of every trustee so appointed shall be three years or until the Trust is dissolved, which ever period is less, provided that if the Municipal Commit- tee is reconstituted three members of the Municipal Com- mittee shall be elected or appointed in accordance with the provisions of section 4, and on their election or ap- pointment the three trustees appointed by the *[Central Government] under this section shall cease to be members of the Trust. 5. The term of office of the chairman shall be *[such Tarm of smes period not exceeding three years as the *[Central Govern- *f chatmman ment] may fix in this behalf], but when the trust ceases to exist the said term of office shall be deemed to expire on the date of the dissolution of the trust. He shall be eligible for reappointment, and he may be removed from office by the =[Ce%}ra‘l Government] at any time, i vk . 6. _The term of office of e trustee elect er Tem of clause (b) of sub-section (1) :?rgectlon 4 shall be three"t °ther Tstsm years or until he ceases to be a member of the municipal Committee, whichever period is less, and the term of office of every trustee appointed under clause (¢) of the said sub- section shall be three years, but when the trust ceases to exist the said term of office shall be deemed to expire on the date of the dissolution of the trust. 7. (1) Any trustee may at any time resign his offic&_e. Restgnation of provided that his resignation shall not take effect until rustees aceented by the trust, o R—— ne—— 2) 'The term of ce of appointed and electe trustge.g shall commenee on such date as shall be notified mens erse term in this behalf by the *[Central Government]. A :tfi: of frat " iSubstitufed for the word “Crown” by the Adaptation of Taws Order. 1950, ] = % inserted hy Punjab Act, VIIT of 1936, section 2. :g:rf:;r;:::er? :r:: the words "State Government” by the Puniah Reorganisation (Chandigarh) (Adaptation of Laws on State snd Cone jects), Order, 1968, < mw:;:bil{‘i‘:fl;i;};m the waord “Gazette" by the Government of India i ¢ Indian Laws) Order, 1937 e ibatituted by Punjab Act No, 20 of 1955, for the words “three years"”, 620 TOWN TMPROVEMENT [1922 : Ph, gy w (3) A person ceasing to be a trustee hy Teason the expiry of his term of office shall, if otherwise qualig he eligible for reeleetion or re-appointment. ed, Filftng 8 (1) When the place of a trustee appointe COpELL Var. '[[‘.~n1|---.€ f'iuwm-mn.--m'l‘;\."(-nm ne vacant hy Ifi‘: ”"'gtf::lyfi.:he removal or death, the '[Central Government] shall nppoll;“' a person to fill the vacaney. (2Y When the place of an elected trustes h"‘f.‘r}rnuq vacant by his resignation, removal or death, the vagape shall be filled, within two months of the existence of such vacancy being notified to the municipal committee by the trust, in the manner provided by sub-section (3) of tion 4, provided that if the municipal committee fajlg ta elect a qualified person to fill the vacancy within the periad herein prescribed, the provisions of sub-section (4) of th said section shall apply. * (3) Every person appointed or elected to fill a casys) vacancy under this section shall hold his place for the time for and subject to the conditions upon which it was tenable by the person in whose place he has been so appointed o elected, and no longer; but he may, if otherwise qualified, be re-appointed or re-elected : s Provided that no person elected or appointed under sub-section (2) shall continue.to be a trustee after he has cezsed to be a member of the municipal committee, but he may so continue notwithstanding that the trustee in whose place he was clected or appointed has ceased fo be a member of the said committee. Bfl“w::d 9. 'The chairman shall receive such salary and each ooy other trustee shall receive such salary or remuneration as may be sanctioned by the '[Central Government]. Removal of 10. The '[Central Government] may by notification fruaton. remove any trustee (— . (@) if he refuses 1o act, or becomes in the opinion of the "[Central Government], incapable of acting or has been declared an insolvent, or been convicted of any such offence or subjected by 4 Criminal Court to any such order as implies *Substituted for the words “State Government” by the ?ll:nnt:-h Reorgenisation (Chandigarh) (Adaptation of Laws on State &8 current Subjects) Order, 1968 1822 : Ph. Aet IV.j oW Ih]l‘ifli"]".h!'l".N'l' njl m the opiniay of the "[Centey Government, a defect o character whieh unfits him tn he a trustee ; or (b) if he has been declared by notification to be dis- qualified for employment, in, or hag been dis- missed from the publie service and the reasen _j-"" the disqualification or dismissal is such as implies, in the opinion of the *[Central Govern- ment|, a defect of character which unfits him to e 4 trustee; o (e) if he has absented himself for more than three consecutive months from the meetings of the trust, or of any committee of - which he is member, and is unable to explain such absence to the satisfaction of ‘the *[Central Govern- ment] ; or vl (30 (d) if in the opinion of the ‘[Central Government] he has flagrantly abused his pobition as a : or FEiad Y (e) if he has knowingly acquired.or continued to hold without the permission in writing of the [Central Government], directly or' indirectly or by a partner, any share or interest in any contract or employment with, by or on behalf of the trust ; or . : (f) if he has knowingly acted. as a trustee in a matter other than a matter referred to in clause (iv) or (v) of the following proviso in which he or a partner had, directly or' indirectly, a personal interest, or in which he was profes- sionally interested on behalf of a client, princi- pal or other person ; or (g) if he has acted in contravention of section 16 . or (R) being a legal practitioner, if he acts or appears on behalf of any other person in any criminal " proceeding instituted by or on behalf of the trust ;'or L {i) in the ease of a salaried “[Government Officer], if his continuance in office is, in the opinon of 'Substituted for the waords “State Government” by the Punjal corganisation (Chandiezrhy (Adaptation of Laws on State and Con- cwrrent Subjects) Order, 1968, *Bubstituted for the words “servant of the Crewn" by of Laws (Third Amendment) Order, 1851, s Adaptation T 622 TOWN IMPROVEMENT [1922 ¢ py,. Act 1y the *[Central Government], unnecessary g @ desirable : Provided that a gerson shall not be deemed for the purpose of elause () to aequire, or Continy, to have, share or interest in a contrae ployment by reason only of his— (i) having a share or inler_cst: In any lease, k4], or purchase of land or building, or in any apreg ment for the same, provided that gych or interest was acquired before h trustee, or (i) having a share in a joint stock company whiel, shall contract with, or be employed by o on behalf of the trust, or (iit) having a share or interest in a newspaper ip which an advertisement relating to the affairs of the trust is inserted, or (iv) holding a debenture or otherwise being interested in a loan raised by or on behalf of the trust, or (v) being retained by the trust as a legal practi tioner, or . (vi) having a share or interest in the occasional saje of an article in which he regularly trades to the trust, to a value not exceeding in anv one vear, such amount as the trust, with the sanction of the ![Central Government], may fix in this behalf, Lor op. e e became 4 Dttt o5 1L (DA e removed under clause (a) of see- under section 10, tion 10 shall not he eligible for re-election or re-appoint- ment for a period of three years from the date of his removal : Provided that if a trustee has been removed by reason of his having been declared an insolvent, he shall be eligi- ble for re-election or re-appointment when he shall have obtained his discharge, (2) A trustee removed under any other l:!l‘a\"ifli"‘“’t:‘r section 10 shall not be eligible for re-election or re-appoin! ment until he is declared by the [Central Government] to be so eligible. 'Substituted for the words “State Government” by the Puniad organisetion (Chandigarh) (Adaplation of Lzws on State and Con current Subjects) Order, 1968, 1922 : Pb. Act IV.] To0WN 1MPROVEMENT 623 CHAPTER I11. ProceepinGs oF THE TRusT AND COMMITTEE. 12. (1) (a) The trust shall ordinaril Mestings . 3 v 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 (B) ;I'he qu‘.;orum necessary for the transaction of usiness at an ordinary or ial meeting shall not be less than three '[* =* =], e i ( 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 <hall be decided by a maijority 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 sign- ed by the person presiding at the meeting or at the next ensuing meeting, and shall at all rearonable 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 meet- ing to which they relate. 13. ‘The trust may associate with itself in such manner Temeorery and for such period as may be prescribed by rules mademembers with under section 74 any persons whose assistance or advicethe trust pfi it may desire in carrying out any of the provisions of the pigs Act. ot (2) A person associated with itself by the trust under sub-section (1) for 2ny purpose shall have a right to take part in the discussions of that trust relative to that nurpose, but shall not have a right to vote at a meeting of the trust, and shall not be deemed to be a trustee. *The words “and when the business to be transacted is the forma- tion of any scheme under Chapter IV, the guorum not be less t'hau six” omitted by Punjab Act, XV of 1952 The comma after “three changed into = full stop by ibid. . LR Ph Vet Ime Aoy W of et O . 5 ny following elasees g il mav deem fit, name ’ o the (1) tructere ; (1) pereone aseociated with the tenst undap . A0y #i) other persons whose services, assistanes viee the trust may desire as memberg nf T o, committees ok Provided that no such committees shall congjg of than throe persons, and that at least one trustee shaly hfll‘h 7 member thereof, n g (2) The trust may— . (a) reter te such commitlees, for inquiry ang report T any matter relating to any of the purpgg thiz Act, and P %8 of (b) delegate to such committees by resolution subject to any rules made under sectign 74 :fld of the powers or duties of the trust, e () The trust may, at any time, dissolve, or, subject to the provisions of sub-section (1), after the constitution of any such committees. i i ' (4) Every such committee shall conform to any ingti. tutions from time to time given to it by the trust. (5) Al proceedings of any such committee shall be subject to confirmation by the trust. (6) Any person associated with the trust under sec. tion 12 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 '[Central Government], may prescribe., . ““‘i‘:fi: of 15. - (1) Commitiees appointed under section 1-‘-_1 may ! meet and adjourn as they think proper; but the chairman of the trust may, whenever he deems fit, call a special meet- ing of any such committee, and shall do so upon the written request of not Jess than two members thereof. (2) The chairman may attend any meeting of a . mittee appointed under section 14 whether he is a Illf.‘m_ : o the Punjsd bgtateuaud Con- com- "Substituted for the words “State Government” Reorganisation (Chandigarh) (Adaptation of Laws on current Subjects) Order, 1968, 1982 : b, Aet 1V TOWN IMPROVEMENT 624 ]““fo-f“_\'-"* committee or not, and shall preside at every such }_;:.‘L?‘.Fi'_‘]l?l\h n::.ip-“ll:fff..h." 15 present, if he he absent, any trustee ohoan be ;h:lr-‘-fl A member of such committee as may be ok 1}14!‘1'1"1‘:' meeting, shall preside @ provided in - this : a Iy one trustee is present, he shall preside, (3) .-:\ll questions which come bofore such committee shall be of the memberys enuality of v any meeting of decided by a majority of the votes s present, the person presiding in case of an otes having a secand or casting vote. (£) No business shall be transacted at any meeting of such r;ommltteo._e when less than 2 members or, when, the committee consists of more than eight members, when less than one-fourth of such members are present. - i 16. (1) A trustee who— (i) has, directly or indirectly, by himself or by any partner, employer, or employee, any such share Trustees and assocl bers TveTn= trust or committes not tc take part in pro- -} By a £ - g! i . or Interest as is described in the proviso to sec- which they e tion 10 in respect of any matter, or (i) has acted professionally, in relation to any matter, on behalf of any person having therein any such share or interest as aforesaid, chall not vote or take any other part in any proceedings of the trust or any committee appointed under this Act relat- ing to such matter. (2) 1If any trustee, or any person associated with the trust unde=r 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 compris- ed in any improvement scheme framed under this Act, or in any area in which it is proposed 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 anv committee appoin- ted under this Act relating to such area, inform the person presiding at the meeting of the nature of such interest ; (1) he shall not vole at any meeting of the trust or any such committee upon any resolution or guestion relating to such land, and terested, TOWN IMPROVEMENT [1822 : Ph, 4, v 626 (#4i) he shall not take any other part in any Proens, ing at a meeling of the trust or any such ol mittee relating to such area if the porson Progi ing a1 the meeting considers it inexpedion ul‘ 1 he should do so, at Prwer of trust 17, Subject to such rules as the '| Central Governmnnt] et may make urder clause (i) of section 73 the trust o permament eer from time to time employ such servants as it may depn, vents &%d 8P necessary and proper to assist in carrying out the PUrDOgeq m eer-0f this Act, and may assign to such servants such Pay as iy vants in cases ofmpay deam fit. . emergency. Power of np- 18. Subject to the provisions of section 17 and tq an pointment, €. .yles for the time being in force, the power of appoinling promoting and granting leave to officers and servantg of the trust, and reducing. suspending or dismissing them for misconduct, and dispensing with their services for any reason other than misconduct, shall be vested— (i) in the case of officers and servants whose maxi- I mum monthly salary does not exceed one hundred rupees—in the chairman, and (#1) in other cases—in the trusts: Provided that any officer or servant, in receipt of a minimum monthly salary exceeding fifty rupees who is re. duced, suspended or dismissed by the chairman may ap- peal to the trust, whose decision shall be final. = Control by 19. The chairman shall exercise supervision and con- tatirman. trol 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, muflz o 20. (1) The chairman may, by general or special man's functions, OTd€T 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 im- | posed upon or vested in him by sections 12, 15, 21, 46 and 96, respectively. o T Subatituted for o “Siate € " e Punjeb Substituted for the words S;:lofio;rerfign“e’:tmbgt;tt and Con- Reorganisation (Chandigarh) (Ada current Subjects) Order, 1068, 1922 : Ph. Act 1V.] tows IMPROVEMENT 627 (2) The exercise or dischar powers, duties or functions deleg section (1) shall b tions (if any) as also to control an ge by any officer of any ated to him under sub- ¢ subject to such conditions and limita- may be preseribed in the sald order, and d revision by the chairman, or the trust. Supply of information to Government. 2L. (1) The chairman shall forward to the '[Central A Surply of In- ‘Government] a copy of the minutes of the proceedings of jormaten ™A each meeting of the trust, within ten days from the date on the Government. which the minut es of the proceedings of such meeting were signed as prescribed in clause (e) of sub-section (1) of section 12. (2) 1f the 'ICentral 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 ‘[Central 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) areport on any such matter, or (iii) a copy of any document in the charge of the chairman, The chairman shall comply with every such requisi- tion without unreasonable delay. CHAPTER IV, SCHEMES UNDER THE ACT, 22, (1) Whenever it appears to the trust that— Matters ta be provided for by (a) any buildings which are used or are intended general improve- or likely to be used as dwelling places within™ent scheme ox its local area are unfit for human habitation, or :fr?:mng.i e 'Substituted for the words “State Government” by the Punjeb Reorganisation (Chandigarh) (Adaptation of Laws on Etnlu and Con- current Subjects) Order, 1668, 628 TOWN IMPROVEMENT | 1022 . b, Aut v l (b)Y danger is cansed or likely to b eaused g, health of the inhabitants of sueh lnea) area the part thereof by reason of— or (1) the congested condition of streets op uil + ings or groups of buildings in such ]%d. area or part, or al (i) the want of light, air, ventilation or conveniences in such local area, (i) any other sanitary defects in such or part, the trust may pass a resolution to the effect that sugp, locay area or part is in an insanitary locality and that “a genery) improvement scheme" ought to be framed in respect of such locality and may then proceed to frame such a schemg, Propey or pa”., or local areg (2) Whenever the trust declares any loca] area or bart thereof to be an insanitary locality within the mean. ing of this section, and is of opinion that having regard t, the comparative value of the buildings in such loea] area or vart and ihe sites on which they are erected it is undesir. able to frame a general improvement scheme and the most satisfactory method of dealing with the local area or any part thereof is “a rebuilding scheme,” it may proceed 1o frame such a scheme, which may provide for the reserva. tion of streets and the enlargement of existing streets the relaving out of the sites of the local area o part thereof upon the streets so reserved or enlarged; the demolition of existing buildings and their appurtenances upon such sites; and the erection of buildings in accordance with the scheme., m’““‘t m 23. (1) Whenever it appears to the trust that for the mtreet schemes, PUrPOse of— (i) providing building sites, or (ii) remedying defective ventilation, or (iii) creating new or improving existing means of communication and facilities for traffic, or (iv) affording better facilities for conservancy, within its local area or part thereof it is expedient to lay out new ktreets, thoroughfares and open spaces, or filmt existing streets, the trust may pass a resolution to tha o A r TS Dh Aet 1y | mown IMPROVEM ENT (20 c!l'eltt. and shall then broceed to fy which shall breseribe improved thoroughfares and open spaces fo as the trust may deem fit. ame "a street seheme” alignments for streots, T such local area or part (Z) Whenever it appears to such trust the purposes mentioned in sub-section (1) within its local areas or part thereof it is expedient to provide for the ulti- S:;t:]\fflde]fluéof anw exis:;(i]ng street bv altering the evist lenments to improved alignments to be escri b'_\f‘the trust, but that it is not eéfifiient immedialt}zly t::haeg quire all or any of the properties lying within the proposed improved alignments, the trust, if satisfied of the sufficiency of its resources, may pass a resolution to that effect, and forthwith proceed to frame a “deferred street scheme” preseribing an alignment on each side of such street, that for any of 24. (1) The trust may, for the purpose of develop. Development ment of any locality within the municipal limits contained ¥, ~XPoon in itz local area, prepare “a development scheme”, and (2) Such trust may, if it is of opinion that it is ex- pedient and for the public advantage to promote and con- trol the development of and to provide for the expansion of a muricipality in any loeality adjacent thereto, within the Joca] area of such trust prepare “an expansion schema.” (3) “A development scheme” or “an expansion scheme” may provide for the lay-out of the locality to be developed, the purposes for which particular portions of such locality are to be utilised, the prescribed street align- ment and the building line on each side of the streets pro- paced in sueh lacality, the drainage of insanitarv localities and such other details as may appear desirable, 25. If the trust is of opinion that it is expedient and Housing nccom- for the public advantage to provide housing accommoda- modation scheme, tion for any class of the inhabitants within its loeal area - such trust may frame “a housing accommodation scheme” for the purpose aforesaid : Provided that if the *[Central Government] are =ifi. fied that within the trust area it is necessary to provide housing accommodation for industrial labour, the [Central ] -'fluh»tilured for .[he words “State Government” hv the Punjab Reorganisation (Chandigarh) (Adaptation of T.aws on State and Con- current Subjeets) Order, 1968, 630 TOWN IMPROVEMENT [1922 : P, Act Iv‘ Government], may by order require the trust to frame scheme under this section and to do all things hecesgy, a under the Act for executing the scheme so made; and | the trust fail within such time as may be Prescribeq l; frame a scheme to the =atisfaction of the '[Central Govery, ment]. and to execute it, the '[Central Government] 3 either by order require the municipal committee tq frm:y and execute a scheme, or themselves frame a schemg an; take such steps as are necessary to exccute it. All expon ses incurred by the '[Central Government], or by “the municipal committee in the exetcise of the powers con. ferred upon them by this section shall, in the first instanee he paid out of 7State] revenues, but the amount sq spent shall be recoverable from the trust as if it were a *[deht due to the "Central Governmentl]. and the *[Central Govern. ment] may attach the rents and other income of the trust, The provisions of section 72 shall also apply to all moneys 26. Whenever the trust deems it necessary that ap- “hl::'u:m commodation should be provided for persons who are dis. FenEEE placed by the execution of anv scheme under this At or are likely to be displaced by the execution of any scheme. which it ic intended to submit to the }[Central Government]' for sanction under this Act it may frame a rehousing scheme for the construction, maintenance and manage- ment of such and so many dwellings and shops as ought in the apinion of the triet, to be provided for such persons. Rehousing & 27 Any resident house-owner who is likely to be dis. lisplaced resi- : lent house- placed by the execution of any scheme under this Act, may bt apply to the trust to be re-housed, and no such scheme shall be put into execution until a re-housing scheme as provided for in seetion 26 for the re-housing of such resident house- owners ag may applv under this section has been com- nleted, Explonation. The demolition of a portion of a dwel- ling house which renders the remaining portion uninhabi- table shall be deemed to be a displacement of the person or persons residing in the said dwelling house, 'Substituted for the words “State Government” by the P“cf'g‘}: Reorganisation (Chandigarh) (Adaptation of Laws on State and Con current Subjects) Order, 1968, w3 :Substituted for the wrrd “Provincial” by the Adaptation of L8 on State and Coneurrent Subjects) Order, 1968, " the sSubstituted for the words “Debt due to Government” by Government of India (Adeptation of Indian Laws) Order, 1837, 1922 : Ph. Act IV.] Town 1MPROVEMENT 631 28. (1) A scheme under this Act ma . Combination of 1 y combine one d or more types of scheme or any special features thereof. hatiors waich mn;;f1 b rfmwldea any of the following mat ters :— may provide for or (i) the acquisition under the Land Acquisition Act, 1894, as modified by this Act, or the abandon- ment of such acquisition under sections 56 and 57 of this Act, of any land or any interest in land necessary for or affected by the execution of the scheme, or adjoining any street, thorough- fare open space to be improved or formed under the scheme ; (i) the acquisition by purchase, lease, exchange or otherwise of such land or interest in land ; (iii) the retention, letting on hire, lease, sale, ex- change or disposal otherwise of any land vested in or acquired by the trust ; (iv) the demolition of buildings or portions of build- ings that are unfit for the purpose for which they are intended and that cbstruct light or air or project beyond the building line ; (v) the relaying out of any land comprised in the scheme and the redistribution of sites belong- ing to owners of property comprised in the scheme ; (vi) the laying out and alteration of streets ; (vii) the provision of open spaces in the interests of the residents of any locality comprised in the scheme or any adjoining locality and the en- largement or alteration of existing open spaces; (viii) the raising, lowering or reclamation of any land vested in or to be acquired by the trust for the _purposes of the scheme and the reclamation or reservation of land for the production of fruit, vegetables, fuel, fodder and the like for the re- sidents of the local area ; (ix) the draining, water-supply and lighting of streets altered or constructed ; 12 TOWS IMPROVEM¥NT [1922 ¢ py i "‘-'!l v (@) the provision of a system of draing md g, for the improvement of ill-drained and T tary localitios ; Msan, () the doing of all acts intended to Promotg health of residents of the area COMprigeq he the scheme, including the conservation , In servation from injury or pollution of Fivep, 3 other sources and means of \\'nl('r-,'\'llpplu. -nnd (i) the demolition of existing buildings and erection and re-ercction of buildings by the trust or by the owner or by the trust i, d;. fault of the owners ; (xiii) the advance to the owners of lang c“"hpl'iaed within the scheme upon such terms anq % ditions as to interest and sinking fung a‘:::j otherwise as may be prescribed under scheme of the whole or part of the capita] r: quisite for the erection of buildings in accord. ance with the scheme : (ziv) the provision of facilities for communication | (x%) all other matters which the '[Centra] Govern. ment], may deem necessary to promote the general efficiency of a scheme or to improve the locality comprised in such scheme, Effect af F it 29 Notwithstanding anything contained in the Muni- g BTt ina] Act, whenever any street alignment has been pres. powers of muni-cribed by the truet in any scheme under this Act with the cipal committee oo n ion of the '[Central Government] the municipal com. mittee shall nat have power to preseribe a regular line for the street within the limits of the scheme, and any such line previously prescribed by the committee within such limits shall cease tn he the regular line or line of frontage of the street, o Y Bould any building or part of a building pro- or forward butia ject beyond the regular line of n st reet, either existing or ings adfecent to determined on for the future, or beyond the front of the ,,';';';f_wm allgn: building on either side thereof, the trust may whenever such building or part has been either entirely or in greater part taken down or burnt dewn or has fallen down, by ‘Substituted for the words “State Government” by the Punjeb Reorganisation (Chandiggrh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, 1922 : PI o A EY Ph. Aet IV.] rows I ROVERMENT 633 AL % = ‘r‘:,:ll;:]tiLl?i??:-m& r‘fqull'u suel building or parl when being o be set Lol : . the front of tey back to or towards the said vegular line o the frani of the adiacent buildin s L et il 4] and the portion of the ]zlmclil ?Jdded to the slrect by sueh setting back or IIremmral sha 2(.'-:011!0 part of the street and shall vest in the trust, (2) The trust may on such terms as it may deem fit require or allow any building to bo set f orward for the im- provement of the line of the street. (3) When any building is set back or forward in pur- suance of a requisition made under the preceding clause the trust shall forthwith make full compensation to the owner of the building for any damage or loss that he may sustain. (4) 1f the additional land, which will be included in the premises of any person required or allowed to set for- ward, a building, or part thereof, belongs to the trust thg requisition or permission of the trust to set forward the bmldmg_shall be sufficient conveyance to the said owner of the said land, and the terms and conditions of the convey- ance ¢hall be set forth in the said requisition or permission. . 31 (I) In the locality comprised in a scheme under Prohibition of this Act, no person shall, except with the written permis- Tolideg, Begudy sion of the trust, erect, re-erect, add to or alter any build- ment, B ing so as to make the same project beyond a street align- ment or building line duly prescribed by the trust. (2) In the locality comprised in a development scheme or an expansion scheme, if any person desires to erect, re-erect, add to or alter any building on his land so as to make the same project beyond a street alignment or a building line duly prescribed by the trust, he shall apply to the trust for permission to do so, and if the trust refuses to grant permission to such person according to his appli- cation, and does not proceed to acquire such land within one year from the date of such refusal, it shall pay reason- able compensation to such person for any damage or loss sustained by him in consequence of such refusal, 32, (1) In the locality comprised in a deferred street Acquisition ot scheme the owner of any property affected by a streat g;"";:t‘:nflwflé alignment duly preseribed by the trust may, at any time seheme, after the scheme has been sanctioned by the '[Central Gov- ernment], give the trust notice requiring it to acquire such Eu'ba'titulnd_%n;'-lhe words “State Government” by the Punjch Reorganization {Chandigarh) (Adepiation of Laws on Stzte and Con- current Subjects) Order, 1968, rOWN IMPROVEMENT 11922 : Ph. Act v, 634 rty before the expir oiyc;}::cch- notico. and the trus accordingl y. ation or six months from the date { shall acquire such property ality G dqsed in a deferred stregt (2) In the locality LlJ]‘ii]]l]‘\Ltl R . de : I sroceeding to acquire any property affect. ifih;:jls-s?ggfiflignn!cnl du ly }Jl‘f_‘sl!l‘lbl’-_‘d by th(:d trust flt!_'],er than property regarding which it has rficeyl_v‘ 2 notice, under the preceding clause, the‘tr'ust shall give six months notice to the owner of its int ention to acquire the propert y. this Act may be framed upon e A scheme under R omcal repre 33, (1) the municipal committee or M an official representation by otherwise. representation referred to in sub- (2) An official i 2 unicipal committee— section (1) may be made by the m (a) on its own metion, or {b) on a written complaint by the medical offic er of " health, or (¢) in respect of any area comprised in a municipal ward, on a written complaint signed by twenty- five or more inhabitants of such ward. (3) If the municipal committee decides not to make an official representation on any complaint made to it under clause (b) or clause (c) of sub-clause (2), it shall cause a copy of such complaint to be sent to the trust, with a state- ment of the reasons for its decision. m 34 (1) The trust shall consider every official repre- . sentation made under section 33, and if satisfied as to the truth thereof and as to the sufficiency of its own resources, shall decide whether a scheme under this Act to carry such representation into effect should be framed forthwith or not, and shall forthwith intimate its decision to the munici- pal committee, " ; (2) If the {rust decides that it is not necessary or eX- pedient to frame a scheme under this Aect forthwith, it shall mf{)r_m the municipal committee of the reasons for it deeision, | 1822 : Pb. Act IV.] rowx IMPHOVEMENT 635 (3) I the trust fails for a period of twelve months after the receipt of any official representation made under scetion A3 to intimate its decision thereon to the municipal commitice, or if the trust intimates to the municipal com- mittec its decision that it is not necessary or expedient to frame a seheme of a type other than that recommended by the municipal committee, the municipal committee may, if it deems fit, refer the matter to the 'ICentral Gov- (4) The "ICentral Government] shall consider every reterence made to it under sub-section (3) and— L) if it deems that the trust ought to have passed @ decision within the period mentioned in sub- soction (3) shall direct the trust to pass a decision within such further period as the '[Central Government] may deem reasonable, ar = () if it deems that it is expedient that a scheme should forthwith be framed, shall direct the trust to proceed forthwith to frame a scheme. Such a direction may preseribe the type of scheme to be framed, (3) The trust shall comply with every dircction given by the *[Central Government), under sub-section (4). 35. When framing a scheme under this Act in respect Mafters to be of any locality, regard shall be had to— framing improve . ment schemes. (a) the nature and the condition of adjoining locali- ties and of the town as a whole; (b) the direction in which the town appears likely to expand; and (¢) the claims of any other part of the local area likely to require a scheme under this Act. 36. (1) When a scheme under this Act has been Preparation, framed the trust shall prepare a notice stating— e notlee a8 to ime- (i) the fact that the scheme has been framed, povidnent (ii) the boundaries of the locality comprised in the jrici and wup. scheme, and 1o applicants, for the words “State Government” b e Punju' Jtm:i::iil:i-t?::dtc?.r.-mdinurm (Adapiation of Laws on State and Con- current Subjects) Order, 1968 kTS TOWN IMPROVEMENT 1922 : py, Ay M v (#ii) the place at which details of the schemp ine] ing a statement of the land Proposed 4 h‘ acquired and a gencral map of the loeality 2 prised in the scheme may be inspectaq &i reasonable hours. (2} The trust shall— (2) notwithstanding anvthing COntaim_:d in 78 cause the said notice to be publisheq Week] for three consecutive weeks in the isfi Gazette and in a newspaper or .newspaperg with a statement of the period within Which objections will be received, and =erting, (b) send a copy of the notice to the President ¢ the municipal committee, and to the medica) officer of health. (3) The chairman shall cause capies of al] documents referred to in clause (i) of sub-section (1) to he delivar. ed to any applicant on payment of such fees as may he Pprescribed by rule under section 74. Transmission 37. The president of any municipal committee and L ety °f TePre-the medical officer of health to whom a copy of a notice hag sentation committee 2s toDeen sent under clause ( b) of sub-section (2 ) of section 36 tmprovement shall, within a period of sixty days from the receipt of the scheme. said copy, forward to the trust an Y representation which the municipal committee or the said medical officer of health may deem fit to make with regard to the scheme. Notice of pro- 38. (1) During the thirty days next following the f lend, first day on which any notice is published under section 36 in respect of any scheme under this Act the trust shall serve a notice on— (i) every person whom the trust has reason to be- lieve after due enquiry to be the owner of any Immovable property which it is proposed to acquire in executing scheme, (ii) the occupier (who need not be named) of such Jpremises as the trust proposes to acquire in exe- cuting the scheme. 1922 : Ph. Act V.| 10WN IMPROVEMENT 07 (2) Such notice shall— (a) state that the trust proposes to acquire such property for the purposes of carrying out a scheme under this Act, and (b) reguire such person. if he objects to such aequisition. to state his reasons in writing with- in a period of sixty days from the service of the notice, (3) Everv such notice shall be signed by, or by the order of, the chairman. - “Furnishing _tn- 39. The president of the municipal committee shall formation avall- furnish the chairman at his request and on payment of such able in municipal fees as may be prescribed by rule made under section 73 records with a copv of such information relating to a locality regard- ing which a notice has been published under section 36 as is available in the municipal records. 40. (1) After the expiry of the periods respectively o,m ap- preseribed under elauce (a) of sub-section (2) of section 36, piication e by section 37 and by clause (b) of sub-section (2) of section ?ne;t;alm 38. in respect of any scheme under this Act, the trust shall tion it consider anv obiection, or representation received there- under. and after hearing all persons or their representa- tives making anv such objection, or representation, who may desire 1o be heard, the trust may either abandon the scheme or apnlv to the '[Cent-al Government], for sanc- tion to the scheme with such mcdifications (if any) as the trust may deem necessary. ' (2) Every application submitted under sub-section (1) shall be accompanied by— (i) complete plans and details of the scheme and an estimate of the cost executing it : (ii) a statement of the reasons for modifications (if any) made in the scheme as originally framed; (iii) a statement of ohjections (if any) received under section 36 ; (iv) the renresentation (if any) received under see- tion 37 ; (v) alist of the names of a1l persons (if any) who have objected under elause (b) of sub-section ‘Substituted for the words “State Government® by the Punich Reorganization (Chendiparh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, 38 TWN IMPTOVEMENT | TIZ2 &y, At v () of section 3B, to the proposed pee their property and a statement of t given for such objection; and ; (i) astatem ot of the arrangements fe op Propog. ed by the trust for the re-housing of NTaflfi,‘ who are likely to be displaced by the execution of the scheme and for whose re-housing Provy. sion is required. Tuisig ton hies r@Mn:: (F) When any application has been Hubmjg[nd % the *[Central Government] under sub-section (1), the trust shall eause notice of the fact to be published for two con. secutive wecks in the Official Gazette and in g newspapa or newspapers. Powsr to mne- 41. (1) The '{Central Government] may Sanction_ e e, either with or without modification, or may refuse ¢, sane. ton, or may return for reconsideration, any scheme gyp,. mitted to it under section 40. (2) If a scheme returned for i'ecensideration under sub-section (1) is modified hy.the trust, it shaq be repub. lished in accordance with section 36— (a) in every ease in which the modification affects the boundaries of the locality comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired ; and (b) in every other case, unless the modification is in the opinion of the '[Central Government] not of sufficient im norfanes to require republieation, Pkt - 1 (1) The *[Central Government] shall notify the scheme, sanction of every scheme under this Act, and the trust shall forthwith proceed to execute such scheme, provided that it is not a deferred street scheme, development scheme, or expansion scheme and provided further that {he require- ments of section 27 have been fulfilled, (2) A notification under sub-section (1) in respect of any scheme shall he conclusive evidenee that the scheme has been duly framed and sanetioned. ‘Substituted for the words “Siate Government” by the Punjeb Teanisation (Chendigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1963 1922 : Ph, Act IV.] TOWN IMPROVEMENT 639 43. A scheme under this Act may be altered by the 075 atter trust at any time between its sanction by the *[Central wmtton. Government] and its execution : Provided as follows :(— (e) if any alteration is estimated to increase the estimated net cost of executing a scheme by more than Rs. 50,000 or twenty per cent of such cost such alteration shall not be made without the previous sanction of the '[Central Govern- mentl; (b) if any alteration involves the acquisition, other- wise than by agreement of any land the acqui- sition of which has not been sanctioned by the ![Central Government] the procedure prescribed in the foregoing sections of this chapter shall, so far as applicable, be followed as if the alteration were a separate scheme. 44. Any number of localities in respect of which the Inclusion of trust has framed or has proposed to fr ame schemes under fiferent Inettag this Act may, at any time, be included in one combined echeme scheme. . - i CHAPTER V. PowEds AND DUTIES OF THE TRUST WHERFE A SCHEME HAS BEEN SANCTIONED. . 45, (1) Whenever any puilding, or any street or Transfer _to other land, r)rr any part thereof whgich i veslod in theT s voues & municinal committee is requi red for exeeuting any seheme munlcipal com under this Act the trust shall gi ve notice accordingly to the ;;ol:; :"u,":m‘:l:': president of the munieipal c ommittee, and such building, street, land or part shall thereupon vest in the tru st, sub- ject to the payment to the municipal committee of such sum as may be required to compensate it for actual loss resulting from the trans fer of any building to the trust. (2) Tf any question or d ispute arises as to the suffi- ciency of the compensa tion paid or proposed to be paid under sub-seetion (1), the matter shall be ref erred to the {Central Government] whose decision shall b e final. T iSubstituted for the words “state Government” by the Punjzh Reorpanisation (Chendig arh (Adaptation of Laws on State and Con- current Subjects) Order, 1968, 640 TOWN IMPROVEMENT | 1922 ; pyy, Aet 1 | v, Tynmater © Wf 46. (1) Whenever any street, or part thereof, whic}, private eireet B0 poy wveeted in the municipal committee is requireq i rus for “o';e.\'ecuti::; any scheme under this Act, the trust shall ¢q e to be affixed, in a conspicuous place in or near such streqy ar part, a notice signed by the chairman, d (a) stating the purpose for which the street or part is required, and (b) declaring that the trust will, on or after a date 1o be specified in the notice, such date being not less than thirty days after the date of the notice, take over charge of such street, or part, _ from the owner or owners thereof ; and shall simultaneously send a copy of such notice to the owner or owners of such street, or part, or to the duly accredited agent of such owner or owners. (2) After considering and deciding all objections (it any) received in writing before the date so specified the trust may take over charge of such street, or part, from the owner or owners thereof and the same shall thereupon vest in the trust. (3) When the trust alters or closes any street or part thereof which has vested in it under sub-section (2), it shall pay such sum as may be required to compensate the previous owner or owners for actual loss resulting to him from such alteration or closure, (4) 1If the alteration or closing of any such street, or part, causes special damage or substantial inconvenience to owners of property adjacent thereto, or to residents in the neighbourhood, the trust— (i) shall forthwith provide some other reasonable means of access for the use of persons who were entitled as of right to use such street, or part, as a means of access to any property or place. and (i) if the provision of such means of access does not sufficiently eompensate any such owner or rési- dent for such damage or inconvenience, shall also pay him reasonable compensation in money- 1922 : Ph. Act IV.] rown IMPROVEMENT 61 47- (1) When an ¥ building or any stree or any part thereof, h ; R t as vested in the trust under section _45 c]:‘r' is]er:.i.lonl 46, no municipal drain or water-work {here- ins fla vest in the trust until another drain or water-work (as the case may be) if required, has been provided by the trust to the satisfaction of the municipal eommittee, in place of the former drain or work. (2) If any question or dispute arises as to whether another drain or water-work is required, or as to the suffi- ciency of any drain or water-work provided by the trust r;mder sub-section (1) the matter shall be referred to the [Central Government], whose decision shall be final. 48, (1) The trust may— struct tunnels and other works sub%idiary to the same, and (b) widen, lengthen, extend, enlarge, - raise thlu level of or otherwise improve any existing pub- lic street if vested in the trust, and (c) turn, divert, discontinue or close any public street so vested, and (d) provide within its discretion building sites of such dimensions; as it deems fit, to abut on or adjoin any public street made, widened leng- thened, extended, enlarged, improved or the level of which has been raised by the trust under clauses (a), (b) and (c¢) or by the ‘[Central Government], and (e) subject to the provisions of any rule preserib- ing the conditions on which property vestedin the trust may be transferred, lease, sell, or otherwise dispose of any land used by the trust for a public street and no longer required there- for, and in doing so impose any condition as to the removal of any huilding existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed and as to any other matter that it deems fit. *Substituted for the words "State Government” by the Punjeh Reorganisation (Chendigarh) (Adaptation of Laws oo State and Coo- current Subjects) Order, 1968, ' to make (a) lay out snd make a new public street and con- deal wi Proviston of drain or weter- warle ta replaca another situated on land vested In the trusg under section 45 on nection 46, Power of Y 642 TOWN IMPROVEMENT [1922 : P, Act 1 . v, (2) Whenever the trust discontinues the publj of, or permanently closes, any street vested in it ure Usg part thereof, it shall pay reasonable r:ompcns‘:m‘)n any every person who had an easement or right of way or | and air over, upon or from such street or part, and whr,lght such discontinuance or elosure has suffered special damag; (3) In determining the compensation payable t, person under sub-section (2), the trust shall make ,]3:“’ ance for any benefit accruing to him from the mngtrnctiow' provision or improvement of any other street at or 3503{ the same time that the public street or part thereof, &, account of which the compensation is paid, is discontiny. . ed or closed. Power mnder 49, (1) The visions of sections 96, 07, 98, e Mmicml A7 101, 102, ' -r.pmns. 114, 114-A; 115, 116, 11'?.9’ :fg truz. 119, 120, 125, 126, 127, 128, 129, 130, 131, 132, 133; 134. 135, 136, 137, 138, 139, 140, 155, 156, 157, 158, 159, 150' 161, 162, 163, 164, 165, 166, 170, 170-A; 170-B, lTU-CE § 170-D; 170-E; 170-F; 170-G; 171 (1), (2), and(3), 172, 173, 175, 176, 177, 178, 179, 180,181, 182, 189 (1) and (2), 181, 192, 193, 194, 195, 196, 199. 200, 201, 202, 209: 210, 212, 213, 214, 221, 224, 325, 226, 227 and 230 of the Municipal Act, shall, so far as may be consistent with the tenor of the Act, anply to all localities in respect of which a scheme under this Act is in force, and for the period during which such scheme remains in force; and all reference in the said gections to the municipal committee or to the president or to any officer of the municipal committee, lshall be cons- trued as referring to the trust which, in respect of any such Jocalities, may alone exercise and perform all or any 0 the powers and functions which under any of the said chap- ters and sections might have been exercised and perfonfled_ by the muniecipal committee or by the president or by any officer of the municipal committee: Provided that the trust may delegate fo the chaiz 'mafl.. or to any officer of the trust all or any of th e powers con ferred by this section. e y atlon IFimires “103” and “104” omitted by the Puniab “"'T%‘E;:flfl {Chandimarh) (Adaptation of Lavws on State and Concurrent SUL Order, 1963 1822 : Pb. Act IV.] Town iMekoVENMENT 643 (23 The trust riny make byvelaws fo i | ) o 1 micRe bye-laws roany locality outside the limits of the municipality ecomprised § scheme under this Act— BEb . ) nernlly fa riyimg oul the purposes o i /o O enrying 1 1} zes of this b purp his ) in particular and witho pre to the { it na nout I !Judice gener fillt}" of the aforesaid powers, :‘egarding any of the matters referred to in secti 188, 189, and 190 of the Municipal Act. = " 50. (1) The trust shall not take any action under sec- Limitation 2 tions 95, 97, 98. 99, 100, 101, 102, 132, 133, 134, 135, 136, 137, Povers of tmust 138, or 139 of the Municipal Act without having previous. "™ <™ ** ly consulted the municipal committee and obtained its consent, provided that if the said committee does not give eoncent, the matter in dispute shall forthwith be referred to 'L‘}'IE [Central Government] whose decision shall be final. : (2) 1f the municipal commitiee deems it necessary that action should be taken within the trust area under sretions 06, 47, 04, 09, 100, 101, 102, 103, 132. 133- 134, 135, 136, 137, 122 o+ 130 of the Municipal Aet, it shall make an application to the trust requiring that such action be taken, and the trust shall thercupon comply with the apnlication. or mive its reasons in - writing for rejecting it, provided that if the application be rejected, the matter shall forthwith be referred to the '[Central Government] whose decision shall be final. *150-A. Where by the making of anv scheme the value !:W'" o g of any pronerty has incressed or is likely to increase, the tributi on trust shall o entitled to recover from the owme r of such property an annual hetterment contribution for such term of vears and at such uniform percentage of the increase in value not eveeeding ten per centum as ma y, subject to rules, be fixed in the scheme : Provided that the aggregate amount o f the contribution ¢n recovered shall not cxceed onc-h alf of the maximum in- crease in value during the aforesai d term of years as- eortained under this Act. for the worls “State Government” by the Punjeh Substituted ] b Rmrg;nlrb' 1:::‘:-:; (Chendiparh) {Adaptation of Laws on State and Con- Cubjects) Order, 1968, “Coetioms Hl=A, S0-T 50-C , and 50-D, rdded by Punjeb Act, HV of | 644 TOWRN IMPROVEMENT | 1922 o Aw ; ! v m,‘:;m h:";'_ -B. (1) The betlerment contributing LT " terment pontri-TOSpect of each property according to the f{lflll h“_ln butlon, principles ;— OWing (a) Tts market value on the date of the of the notifieation sanctioning the nflifl?‘ti% be estimated without reference to the impfhau ments and development contemplated in Ove. scheme ; the (b) for each finaneial year succeeding the Year which the scheme takes cffect, its market vy, on the first day of April of that year shay) Ee ascertained by the chairman ; ' e (e) if, in any financial year, the market valye estimated under clause (b) does not excegy that estimated under elause (a), no bettep, ment contribution shall be levied for that year; (d) if, in any financial year, the estimated market - value under clause (b) exceeds that estimateq under clause (a), the trust shall levy a better. ment contribution on the difference according to the percentage fixed in the scheme : Provided that in estimating the market value of Jang under clause (a) or under clause (b), the value of buildings or other works erected or in the course of erection on such land shall not he taken into consideration. T ahd 50-C. (1) The betterment contribution due on any ferment contribu-property shall, subject to the prior claim thereon of the tion, Central Government], be a first charge on it, and shall be paid by its owner in half-yearly instalments of one half of the amount fixed for the year, (2) (a) The '[Central Government] may make rules for the asessment and collection of the betterment contri- bution and, subject to such rules and the provisions of sections 74, 81, 84, 85 and 86 of the Punjab Municipal Act, 1911, with such adaptations as are necessary to render njab ‘Substituted for the words “State Government” by the Punish Reorganisation (Chandigarh) Adaptation of Laws on Stete and Con current Subjects) Order, 1068, 1422 : Ph. Act IV.] Town IMPROVEMENT 645 these provisions consistent with those of thi i t f this Act, it sh bet ass_essed ac??} coll;cted in the same manner ;s if lit i\'gll'le 3 tax imposed by a Municipal Committee i im- movable property ; e (&) lands and buildings exempt from municipal State taxation shall also be exempt filgga a:;r betterment contrbution, '[50-D. (1) If the owner of an rty, se) Option of ob- registered in the assessment books offihimfist};nd l;:::::;gmm the trust to a betterment contribution in any particular year; objectsto acguire his to the amount of such contribution on the ground that the "°P*™%: market value estimated under clause (b) of section 50-B is excessive, he shall state the market value which, he con- tends, is correct, and may, within thirty days of the date on which the determination of his objection or appeal becomes final, by written notice, require the trust to acquire the property together with any buildings or other works that may exist thereon. ) (2) The trust shall thereupon either acquire the pro- perty or accept the market value as stated by the owner and revise its assessment of the betterment contribution in accordance therewith. (3) In case the trust elects to acquire the property, the compensation payable therefor shall be determined by the preseribed authority under this Act: Provided that the compensation payable for the pro- perty, a part from the buildings or other works thereon, shall not exceed the market value stated by the owner under sub-section (1).] 51. In order to facilitate the movement of thelr popula- LMF:v:er!:;mht‘:- tion in and around any local area to which this Act is o emtent of por applied, the trust may from time to time— pulation. (a) suubject to any conditions it may deem fit to im- pose — (i) guarantee the payment, from the funds at its disposal, of such sums as it may deem fit, by way of interest on capital expended on the construction, maintenance or working of means of locomotion; or 9 G4 FOWN TMPROVEMENT [1922 1 Py, Ael v (ii) make such payments as it may @eem fit | the said funds, by way of su_hsuly to perg, underlaking to provide, maintain ang wg‘:fi any means of locomotion, or (b) cither singly or in cnml_:ina_ticn with any othe persons construet, maintain and work P means of locomotion, under the provisiong 0"" any law applicable thereto, or (¢) construct or widen, strengthen o r othervig, improve bridges : Provided that no guarantee or subsidy shall be magq, under clause (a), and no means of locomotion shal] constructed, maintained or worked under clause (b), with, out the previous sanction of the '[Central Government), Power to mak 2. The trust may— wurveys OF oOn- m‘hm (e) cause a survey of any land to be made whenever it considers that a survey is necessary or ex. pedient for carrying out any of the purposes of this Act, or (b) contribute towards the cost of any such survey made by any other local authority. Pawer to entry. 53. (1) The chairman or any person authorized by him or by the trust in writing may, with or without assis- tants or workmen, enter into or upon any land in order— (i) to make any inspection, survey, measurement, valuation or inquiry, (ii) to take levels, (iii) to dig or bore into sub-soil, (iv) to set out heundaries and intended lines of work, (v) 1o mark « ch levels, boundaries and linss by marks and cotting trenches, or (»i) to do any other thing, whenever it is necessary to do so for any of the purposes of thiz Act or any rules made or scheme sanctioned hereunder or any scheme which the trust intends to frame hereunder ‘Subatituted for the words “State Government” by the f”(?fi- Reorganisation (Chandigarh) Adaptation of Laws on Stete an currcnt Subjects) Order, 1968, 1922 : Pb. Act TV.] Town 1marROVERKNT 0a7 Provided as follows :— (a) Except when it is otherwise specially provided by a rule no such entry shall be made between sunset and sunrise. (b) Except when it is otherwise specially provided by a rule no building which is used as a human dwelling shall be so entered, unless with the consent of the occupier or if there be no occupier, the ovmer thereof, without giving the said occupier or owner, as the case may be, at least twenty-four hours’ previous notice in writing of the intention to make such entry. (c) Bven when any premises may otherwise be enterded without notice, reasonable warning and facility to withdraw shall be given to any female, not appearing in public, according to the customs of the country. (d) Due regard shall always be paid so far as the ~" exirencies of the oceslsion permit to the social and religious usages of the occupants of the premises entered. (2) Whenever any person enters into or upon any 1and in pursuance of sub-section (1), he shall at the time of such entry pay or tender payment for all necessary damage s 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 trust, whose decision sha ll be final. (3) Tt shall be lawul for any person authorised under sub-seetion (1) to make an entry for the purpose o f inspec- tion or search in open or eause to be op ened a door, gate nr other barrier— (a) if h- congider: the opening there f necessary [ the purpose of such entry, inspection or gearch, and (b) if the occupier or owner, as the case may be, is absent, or being present refuses to open such door, pate or barrier, 3 s4. (1) If any question or dispute arises— " Reference o (a) between the trust and the previous owner af%fi.fl“,‘r’ b A any street or part thereof which has vested in the trust under section 46 and has been altere d ‘ 648 TOWN IMPROVEMENT, [1922 : Ph, Iy or closed by it, as to the sufficiency of th, " pensation paid or proposed to be paid under ;:Ig: seetion (3) of that section, or (b) between the trust and any person who g . titled as of right, to use as a means of access 5 street or part thereol, which has vesteq in tflf trust under the said section— e (i) as to whether the alteration or closing of such street or parl causes special damage or syh., stantia! inconvenience to ownerg of perty adjacent thereto or to residentg in neighbourhood, or (ii) as to whether the other means of access pro- vided or proposed to be provided under sub-section (4) of the said section are reasonably sufficient, or (iii) as to the sufficiency of any compensation Paid or proposed to be paid under the said gyp. section (4), or (¢) between the trust and any person as to the suffi. ciency of any compensation paid or proposed tp be paid to him under sections 30, 31 or 102, the matter shall be determined by the tribunal, hereinafter defined if referred to it either by the trust or by the clai- mant within a period of three months from the date on which the said person was informed of the decision of the trust fixing at the amount of compensation to be paid to him or of the rejection of his claim to compensation by the trust, and the determination of the tribunal shall be final : Provided that the tribunal shall not entertain the application of any claimant who has not applied to the trust for corpensation within three months of the date on which his elaim to compensation acerued, (2) The provisions of sections 5, 6 and 12 of the Limitation Act shall be applicable in determining whethet any elaim shall be entertained. (3) If a reference to the tribunal be not mad_e_w’lthf'. in the period nreseribed by sub-section (1), the decision 0 the trust shall be final, (4) For the purpose of determining any matter refef red to it under sub-section (1), the tribunal shall have 1922 1 Ph. Act IV.] TOWN mirRovEM ENT 649 the_ powers with regard to witnesses, documents and costs which it would have if the Land Acquisition Act, 1894, as modified by section 59 of this Aet. were applicable to the CASse, 53. (1) Whenever the municipal committee is satis vesting i fied— L eommittes of streeta ladd out (a) that any street laid out or altered by the trust or #itered, and has been duly levelled, paved, metalled, flagged, shed by the st channeled, sewered and drained in the manner under a scheme provided in the plans sanctioned by the '[Cen- tral Government] under this Act: and (b) that such lamps, lamp-posts, and other appara- tus as the municipal committee deem necessary for the lighting of such street and as ought to be tén'fn.rided by the trust have been so provided, an (e) that water and other sanitary conveniences ordi- narily provided in a municipality have heen duly provided in such street, the municipal committee after obtaining the assent of the trust, or failing such assent, the assent of the *[Central Gov- ernment] under sub-section (), shall by notice, affixed in some conspicuous position in such street, declare the street to be a public street; and the street shall thereupon vest in, and shall thenceforth be maintained, kept in repair, lishted and cleansed by, the municipal committee. (2) When any open space for purposes of ventilation or recreation has been provided hy the trust in executing any scheme under this Act, it shall, on completion, be trans- forred to the municipal committee by resolution of the trust and shall thereupon vest in and shall thenceforth be main- tained, kept in repair, lighted and cleansed by the muni- cipal committee : Provided that the municipal committee may require the before any such open space is so transferred, to en- level, turf, drain and lay out such space and provide to provide lamps and trust, close, : footpaths therein and, 1[_ necessary, other apparatus for lighting it. - 150 fo 3 "on-is- ngiate Government” by the Punjab ‘Bubstituted for i afin) Adaptation of Laws on State and Con- Reorganisation (Chandig curréunt Subjects) Order, 1988 S50 yown imrrovemenT (1022 py, Act v l (3) If any difference of opinion arises hetweop the trust and the municipal committee in respeet of any Mtiny roferred to in the foregoing provisions of this seetion, the matter shall be referred to the '[Central Gtwernmem] whnse decision shall be Gnal: * CHAPTER VI AcquisrTron, TRIBUNALS, AND APPLICATION OF Aoy TO OTHER AUTHORITIES, Avantonment 56. (1) Wherever in any locality comprised in y of requisition Ineaheme ynder this Act the '[Central quernment] hag mfs:nc:innri ‘the acquisition of land which is subsuquently discovered to be unnecessary for the execution of the scheme the owner of such land, or any person having an interest thercin, may manke an application to the trust reguesting that the requisition of such land be abandoneg in consideration of the payment by him of a sum tp pa fixed br the trust in that behalf, (% The trust chall admit every such apolication it it — (e) reachds it before the time zxed by the Callector, under section 9 of the Land Acquisition Act, 1884, for making claims in reference to the land, and (b) is made by any person, who either owns the lands, is mortgagee thereof, or holds a lease thereof, with an unexpired period of seven _years, (3) The trust may admit any such application pre sented by any other person having an interest in the land, (4¢) On the admission by the trust of any such appli- cation, it shall forthwith inform the Collector, and the Collector shall thereupon stay for a period of three months all further proceedings for the acquisition of the land, and the trust shall proceed to fix the sum in ; consideration of which the acquisition of the land may be abandoned. (5) Within the said period of three months, or, with the permission of the trust, at any time before the Collector has taken possession of the land under section 16 of the ‘Sl-.ti;fituled_fnr the words “State Government” by“th;:_ PU"&:: Reorganisation (Chandigarh) Adaptati Stete and C current Subjects) Order, 1968, eihn. of Laws o TGO . - " VEZZ 1 Ph At TV.] TOWN IMPROVEMENT 1] Land Acquisition Act, 1894, the person from whom the trust has agreed to accept the sum so fixed may, if the trust is salisfied that the security offered by him is suffi- cient, execute an agreement with the trust either— (i) to pay the said sum three years after the date of the agreement, or (it) to leave the said sum outstanding as a charge on his interest in the land, subject to the pay- ment of interest at a rate to be agreed upon by such person and the trust until the said sum has been paid in full and to make the first annual payment of such interest four years after the date of the agreement : Provided that the trust may, at any time before the Collector has taken possession of the land under section 16 of the Land Acquisition Act, 1894, accept immediate pay- ment of the said sum instead of an agreement as aforesaid. (6) When any agreement has been executed in pur- sitanee of sub-section (5) or when any payment has been accepted in pursuance of the proviso to that sub-section in respect of any land, proceedings for the acquisition of the tand chall be deemed to be abandoned. (7) Overy paymnet due from any person under any aprerment exesuted undor sub-section (53 hall b o charge on the interest of that person. (8) If any instalment of interest payable under an agreement exccuted in pursuance of clause (ii) of sub- section (5) be not paid on the due date, the sum fixed by the trust under sub-seetion (4) shall be pavable on that date, in addition to the said instalment. (9) At any time after an agreement has been execut- ed in pursuance of clause (ii) of sub-section (5), any p erson mav pay in full the charee erented thereby, with interest, at the apreed rate, up to the date of such payment. (10) When an agreement in respect of any land has been executed by any person in pursuance of sub-section (5), no suit with respect to such agreement shall be brought against the trust by any other person (except an heir, executor or administrator of the person first aforesaid) claiming to have an inerest in the l and. 5 TOWN IMPHOVEMENT [ 1922 : Ph, Acy v ' [ {Ja s (11) When an agreement in l'('spl"(!t‘nl’ any lang hag been exceuted by any person in pursuance of suh_sm._unn {5), and any sum payable in pursuance of :lmt sub-seetjo, is net duly paid, the same shall be recovera e hy_ the trygg (together with interest up to the date of realization at the arreed rate) from the said person Or hlsi successor interest in such land in the manner provided by section 222 of the Municipal Aect, and, if not so recovered the chajp, man may. after giving public notice of his intention tg g, so and not less than one month after the publication of such notice, sell the interest of the_ said person of succesg. sor in such land by public auction, and may deduct the said money and the expenses of the sale frorp the procesds of the sale. and shall pay the balance (if any) to the qulter. Agreement or dEfF;'f. If any land in respect of which an agreement hag Pection 58 ::u: been executed, or a payment haf; been accepted, in tar to scquisition synnce of sub-section (5), of section 56, be SubSEquentl}r Te under e fresh 6 jired for any of the purposes of this Act, the agreement or o payment shall not be deemed to prevent the acquisition of the land in pursuance of a fresh declaration published under section 6 of the Land Acquisition Act, 1894. Tribunal tc b 58. A tribunal shall be constituted as provided in ORI section 60, for the purpose of perfoming the functions of the Court in reference to the acquikition of land for the trust, under the Land Acquisition Act, 1894 Modadon of | gg J e purpose of acquiring land under the Land .fii‘;‘;‘fi, Eroy Acquisition Act, 1894, for theqtr-ust— e (a) the tribunal shall (except for the purposes of section 54 of the said Act) be deemed to be the Court, and the president of the tribunal shall be deemed to be the Judge, under the said Act ; (b) the said Act shall be subject to the further modifications indicated in the Schedule to this Act ; (c) the president of the tribunal shall have power to summon and enforce the attendance of witnesses, and to compel the production of documents, by the same means and (so far as may he) in the same manner as is provided in the case of a Civil Court under the Code of v ;" Civil Procedure, 1908 ; and 3 1 of 1884, 1822 : Ph. Act IV.] Town TMPROVEMENT 653 (d) the award of a tribunal shall be deemed to be the award of the Court under the Land Acqui- sition Act, 1894, and shall be final. Conatitutlon of 60. (1) The tribunal shall consist of a president and tribunal, two assessors. [(2) The president of the tribunal shall be a person quslified for appointment as a judge of the *[High Court of Punisb and Haryana.l ]. (3) The president of the tribunal and one of the assessors shall be appointed by the *[Central Government], and the other assessor shall be appointed by the municipal committee or, in default of appointment by the municipal committee within two months of their being required by the ![Central Government] to make such appointment, by the *[Central Government] : Provided that no person shall be eligible for appoint- ment as a member of the tribunal if he is a trustee or would, if he were a trustee, be liable to removal by the f[Central Government] under section 10. (4) The term of office of each member of the tribunal shall be two years, but any member shall, subject to the proviso to sub-section (2), be eilgible for re-appoinment at the end of that term. (5) The *[Central Government], may remove any member of the tribunal who would if he were a trustee be liable to removal by the °[Central Government] wunder section 10. (6) When any person ceases for any reason to be a member of the tribunal, or when any member is temporari- ly absent in consequence of illness ar any unavoidable cause the authority which appointed him shall forthwith appoint a fit person to be a member in his place. Where the authority so appointing was the municipal committee and the municipal committee fails to make a fresh appointment within two months of being required to do so by the ![Central Government] the appointment may be made by the *[Central Government]. 18uhstituted iJ,v the I-z-dlzm E;!rienendence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G.G.0. 40). 28yhetituted for the words “High Couurt of Punjab” by the Punjab Reorganisstion (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1968, iSubsiituted for the words “State Government" by ibid. 054 TOWN 1M PR ENT (1922 ; py, Act Iy Remuneration 3 hac cmber of the tribunal shall pee | oF R 61 Each med b 1 t ; receiye i tribunal, remuneration, cither by way of monthly h :.:nl:u-lv oy, of fee i partly in one of those ways and barlly iy ‘:h" the "[Central Government] may preseribe, o other, as ,,gf,;’,"’ o :,’.'f G2, (1) The president of t]u-_[ribnn;ni shall, frop, tim bunals, to time, prepare a statement showing— o (a} the number and grades of the clerks an, ) i vants who in hig Opininndi_il:;ifl @ mointained for carrying on the bt liiness of the tribunal. : (b) the amount of the salary to be paid to each such clerk, officer and servant, . (2) Al statements prepared under sub-section ) shall be subject to the previous sanetion of the [Centy. Government]. a (3) Subject to any directions contained in any state. - pici preparad under sub-section (1), and to rules madg under section 73, the power of appointing, Promoting ang leave 1o tlerks, officers and servants of the tpi. i 1] of reducing, suspending or dismijss. in the president of the tribunal, meaoie:of - pay- 63. The remuneration prescribed under section 61 for : merhave of the mal and the salaries, leave allowances and acting allowances prescribed under this Act for clerks, officers and servants of the tribunal, shall be paid by the trust to the president of the tribunal for distribution. m‘]’(‘;“"fim P €4 (1) The [Central CGovernment], may from time tribunal, 15 time make rules. not renugnant to the Code of Civil Pro- ];;Lf cedure, 1908, for the conduet of business by tribunals established under this Act, (2) All such rules shall he published by notification ;.‘f:;flha-frm T; 65. (1) For the purpose of determining the award s determined, to be made by the tribunal under the Land Aequsition Act. g 1894, — ' (a) it there is any disasreement as to the megsure- ment of Jand, or to the amount of com pensation i -'SI:I]JSIif..;I_L-ed for the words “State Government” by the Punjab Reprganisation (¢ current Subjects) Or mrid (Adaptation of Laws on State end Con- 1968, 1922 : Ph. Act IV.] TOWN IMPROVEMENT 055 or costs to be allowed, the opinion of the majo- rityl of the members of the tribunal shall pre- vail; (b) notwithstanding anything contained in the foregoing clause, the decision on all questions of law and title and procedure shall rest solely with the president of the tribunal and such ques- tions may be tried and decided by the presi- dent in the absence of assessors unless the presi- dent considers their presence necessary. (2) Every award of the tribunal, and every order made by the tribunal for the pavment of money, shall be enforced by a Court of Small Causes, or if there be no such Court, by the Senior Sub-Judge within the local limits of whose jurisdiction it was made as if it were a decree of that Court. et 5 Application of 66. (1) Whenever a municipal comumittee or other A & it local authority acquires land for the purposes of— by other local (i) laying out new public streets in any locality *Wthorities whether previously built upon or not; or E (ii) constructing new buidings and laying out of compounds attached thereto, abutting on such new public streets in any locality, whether previously built uson or not: or (#ii) reclaiming unhealthy or insanitary localities— (a) the modifications of the Land Acquisition Act contained in the Schedule of this Act shall, so far as they are applicable, apply to every such acquisition ; (b) the *[Central Government] may constitute a tribunal in accerdance with section G0 and the provisions of sections 57 to 66 and of section T4 so far as they relate to the tribu- nal, shall thereupon apply to such acquisi- tion. (2) 1f the [Central Government] does not consti- tute a tribunal in accordance with clause (b) of sub-section (1), all refercnces to the tribunal in the Schedule 2l 3l b construed as referring to the Court. -’S-u_hslilTAIr._-c! for the words “State Government” by the Punjal Teorganisetion (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Order, 1962 . 656 TOWN IMPROVEMENT [1922 . b, Aci v CHAPTER VII. FINANCE, Power of trust 67. A wust under this Act shall be deemed tq b te borrow money: local authority under the Local Authorities Loang Act 19'-;. b for the purpose of borrowing money under that Act : ti the making and execution of any scheme under this’ An I shall be deemed to be a work which such local auqu ih rity is legally authorised to carry out. Contribution by & munictpal com- 68. (1) The municipal committee shall Pay to g, mittee. irust so long as the trust is concerned with the improve. ment of a locality within the limits of the Mmunicipality 5, mount per annum equal to two per cent of the pross annug] income of such committee. (2) In case of dispute as to what is the Eross annua) income of a committee, the matter shall be referred to the [Central Government] whose decision shall be final, Custody end In- 65. (1) In places where there is a Government trea. rntz ™ ™ sury or sub-treasury, or a bank to which the Government ’ freasury business has been made over, all moneys at the credit of the trust shall be kept in such treasury, sub- treasury or bank. (2) In places where there is no such treasury or sub- treasury or bank, such moneys may be kept with a banker or person acting as a banker, who has given such security for the safe custody and repayment on demand of the sum 50 kept as the '[Central Government] may in each case deem sufficient. (3) Provided that nothing in the foregoing provisions of this section shall be deemed to preclude a trust from, Wwith the previous sanction of the '[Central Governme?t}- investing any such moneys which are not required for im- mediate expenditure in any of the gecurities described in section 20 of the Indian Trust Act, 1882, or placing them @« in fixed deposit with a bank approved by the *[Central Government). ‘Substituted for the words “State Government" by the Punjab Reorganisction (Chandigarh) (Adaptation of Laws on State and Con- current Subjects) Ourder, 1968, 922 : Th, Act IV.] TOWN IMPROVEMENT 657 tn the eonditions of the loan, Government] shall itec!f make such payment and may attach the rente and other income of the trust ; and there- = otUpon the provisions of section 5 of the Loeal Authorities 1924, Lioznz Act, 1014, shall, with all mecessary modficiations, be deemed to apply. 71. The *[Central Government] may further impose ar inerease 3 tax on the annual value of buildings or lands or of hoth deseribed in section 61(1) (a) of the Munieip Act, to = recover: ~h exttent a: mav be necessary for the purpose of £ a payment made under section 70. Trocednre i T0. Tf any money borrowed under section 67 or any ., qiay taite to T costs in respeet thereof is or are not repaid pake any pav- costs due in respo T o [Comtral mant In respect g ioana of the trust, Precedurs it chalrman of boards fails ta al make any pay- ment dus to Me- countant- General. 72. All moneys paid by the [Central Government] JFormest o shzll constitute a charge upon the property of the trust. CHAPTER VIII Ruvres, ment to be & charge on property of the trust. Power of Cental 73. (1) In addition to the power conferred by sec-covernment to tion 64, the '[Centre! Government] may ‘make rules consls. make rules. tent with this Act and applicable to all trusts er any trust— (i) (i) (i) (iv) {v) a5 to the authority on which money may be paid from the trust funds ; {for fixing the fees payable for copies of or ex- tracts fro mhte municipal records furnshed to the chairman under section 39 ; as to the employment, payment, suspension and removal of officers and servants of the trust, and the conduet of such officers and servants ; as to the intermediate office or offices (if any) through which correspondence between the trust and the '[Central Government) or servants of the *[CGovernment] shall pass ; as to the accounts 1o be kept by the trust, as to the manner in which such aceounts shall be audited and published, and as to the powers of " iSubstituted for the words “State Government® by the Punlal Renrpanisation (Chandigath) (Adaplation of Laws on State and Con- eurrent Subjects) Orcer, 1908, *ZBubsril uted for the word “Crown™ by the Adaplation of Laws Order, 1050 658 TOWN IMPROVEMENT 1022 . i Aey v ‘ auditors in respect of disallowanee md charge ; 3 i) as to the authority by whom, the k to which and the mode in{w]f;':i"dlt!anx may be entered into and “-‘ft'cutgdcu“' alf of the trust : on. o the preparation of estimates : atith l-x}-\t—.-?d;illrl;’ of the trust and -:Ll :::mm" autherity by whom and the conditions suh.lhn to which such estimates may be sanetioneq jo (#iif) s to the returns. statements, and reports 1o tted by trusts : e vrescribe and define the mutual ye he observed between the trust and nt]}fzin?: tn authorities in any matter in which they, —?:} jointlv interested: % {x) for regulating the grant of leave of absene, leave allowances and acting allowances tq theé officers and servants of the trust and of the tribunal ; (i) for establishing and maintaining a provident or annuity fund, for compelling all or any of the officers in the service of the trust or of the tri. bunal other than any servant of the [Govern. ment] in respect of whom a contribution is paid under section 94 fo contribute of such fund at such rates and subject to such conditions as mav he prescribed by such rules and for supplement- ing such contributions out of the funds of the trust : Provided thaf a servant of the '[Government] em- ploved as officer or servant of the tribunal shall not be entitled to leave or leave allowanees otherwise than as may be prescribed by the conditions of his service under the '[Govern: ment]] ; (zii) for determining conditions under which the officers and servants of the trust or of the tri- bunal, or any of them, shall on retirement Sur, iSubstituted for the word “Crown” by the Adaptation of T | Order, 1950. 2Substituteq for the words “in any general or special orders Covernment” hy the Government of Tndia ({Adaptation of Indian Order, 1037, of the Laws! > P ¢ TV 2 £ 1922 : Pb. Act IV.J-rows 13tPROVEMENT RE receive gratuities or compassionate allowances; and the amount of such gratuities and comras- slonate allowances ; Provided that it shall be at the diseretinn of (he trust or of the tribunal. as the case may he, to determine whether all such officers and servants or any, and if so which of them, shall become entitled on retirement to any such gretuitizs or compassionate allowanees as aforesaid ; (xiii) generally for the guidance of trust and public officers in all matters connected with the carry- ing out of the provisions of this Act ; (riv) for regulating the grant of subsidies to trusts by the *[Central Government], the conditions under which they may be earned or forfeited and the arrangements for their repayment. (2) All acts authorised or enjoined under this Act Power of tha shall be held to be authorized or enjoined subject to suchfst ' ™% rules. , ; 74. Every trust may from time to time with the previous sanction of the '[Central Government] make rules consistent with this Aet and with any rules made under this Act by the '[Central Government]— (i) for fixing the amount of security to be furnish- od by any officer and servant of the trust from whom it may be deemed expedient to require security ; (it) for assceiating members with the trust under section 13 ; (#i1) for appointing persons (other than trustees and persons associated with the trust under section 13) to be members of commitfec under section 14 : ' (ir) for repulating the delesation of powers or duties of tho trust to committees ar to the chairman ; { ) for the euidance of nersons omploved b it l1‘l‘|df"‘ thic Act anlhstitnted for the weards “State Goverament™ by the Puonjak Pearaanieatinn (Chandioarhy (Adaptntion of Taws on State and Con- current Suhjeets) Order, 1068, 660 TOWN IMPROVEMEN T [1922 : P}, Act 1y (vi) for fixing the fees payable for copies of docy ments delivered under sub-section (3) of See tion 36 or under section 75 ; (vii) for the management, use and Tegulation dwellings constructed under any scheme ufld:, this Act ; g (viii) genereally for carrying out the purposeg'nf thiy Act. Frinting end 75. (1) The chairman shall cause all rules sal of copies of ynder section 73 or section 74 and for the time bein?a?; force to be printed, and shall cause printed copies thereqt to be delivered to any applicant on payment of such fees ag may be fixed. . (2) Notice of the fact of copies of rules being obtain. able at the said price and of the place where and the person from whom the same are obtainable shall be given by the chairman by advertisement in a newspaper or newspapers. Power of Central 76. The '[Central Government] may, after previous Government Cpublication of its intention, cancel any rule made by the :?mz imder sec-trust which it has sanctioned, and thereupon the rule shall on cease to have effect. CHAPTER IX. PROCEDURE AND PENALTIES, o .?:,“‘fwu‘;f; 77. (1) Every notice or bill issued under this Act or bills, shall be signed by the chairman, or by any other trustee or any officer or servant of the trust specially or generally authorised by the trust, or so authorised by the chairman under sub-section (1) of section 20, and every notiee or bill shall be deemed to be properly signed if it bears the facsi mile of the signature of the chairman or such trustee, officer or servant stamped or printed thereon, (2) No notice issued by the trust under this Act o any rule or bye-law made thereunder chall be invalid for defect of form. 1Substituted !rjr_-the words “State Gowernment" by the Punjab Reorganisation (Chandigarh) (Adaptati 1 State and Con- current Subjects) Ordeig;, 1068, AR A b N 1922 : Ph. Act IV.] ToWX IMPROVEMENT 661 od of giv- 78. Subject to the provisions of this Act, eve ry public mf-,w ?.'uf'ml: notice. notice required under this Act ishall be deemed to have been duly given if it is published in some local mewspaper (if any) and posted upen a notic e board to be exhibited for public information at the building in w hich the meetings of the trust are ordinarily held. Service of 79. (1) Every notice other than a public notice, and yotiece, every bill, issued under this Act shall, unless it is under +his. Act otherwise expressly provided, be served or presented— (a) by giving or tendering the registered n otice or bill, or sending it by repistered post, to the person o whom it is addressed, or (b) if such person cannot be found, then by leaving the notice or bill at his last known place of abode, if within municipal limits, or by giving or tendering it to some adult male membe r or servant of his family, ordinarily residing with, him, or by causing it to be affized on som e cons- picuous part of the buildings or land (if any) to which it relates. (2% When = notice is required or permitted under this Act to be served upon an o wner or oceupier, as the case may be, of a building or 1and, it shall not be ne cessary to name the owner or occupier therein , and the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either— (@) by giving or tendering the notiee, or sending it by post, to the owner or occupier, or if there be mare owners or occupiers than one, to any one of them, or (b) if such owner or occupler cannot be found, then by giving or tendering the notice to an adult male member or servant of his family ordinari - 1y residing with him or by causing the notice to be affixed on some conspicuous part of the building or land to which it relates. (3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family ordinar ily residing with him shall be deemed to be service upon the minor. G623 TOWN IMPROVEMENT [ 1022, py, Aet 1y el there, 0T tn o, Y0 ey 80 Where under this At or a notice s, Disotedinne Act teunder the public or any person is required 1o gy o Act o { T : e Tain from deing anvthing a person \'"l'n_fnir- with such reauisition shall if such fniIu_l'o is not. an nm'!l!:le I hable under ofher seclion, be liable O eonvieyj,, o hme not o exeeeding five hunipeg "“F"-«-: for every such failure. and, in the case of o m“tifluin' vrch e further fine which may extend o fiye Mo every day after the date of the last conviction du'rjné which the offender is proved to have persisted iy the breach : Provided that when the notice fixes a time Within whith a certain act is to be done ang no time specified in this Act. it shall rest with the Magistrate determine whether the time so fixed wags a Teasonable tima within the meaning of this Act. 81 If o notice has been given under this Act tq & person requiring him to execute a work in respect of roperfy. movable or immovable, public or private, g . or do or refrain from doing anythina Within 5 pecified in the notice, and if such person fails ¢, comply with such notice, then the trust may after giving six-hours notice eause such work to be executed or gych thing to be provided or done, and may recover all eXpenses incurred by it on such account from the said person in the manner provided by section 222 of the Municipal Act. 82, (1) If the person to whom the notice mentioned - _in section 81 has been given is not the owner of the property 0;;;2;‘-"‘0 e 10 Tespect of which it is given, the trust may (whether in default of anv action ar other proceedings has been hroneht or taken OWTer. i mwner, tn pay to th ravahle by him in "niathe ammy e trust instead of to the owner the rent respect of such rroneity, as it falls due, 0t recoverable from the owner under sectinn 81 ; and anv such Payment made by the accupler to the trust shall. in the absence of any contract between the nwner and oceunier to the contrary, be deemed to have been made 10 the owner of the property, (2) For the purpose of deciding whether action shonld he taken under sub-section (1) the tryust o rentin 1The words “Commissione Order, 1968, T or the” omitted by Puniah Act XXXIV 1822 : Ph. Act IV, TOWS 1MPROVEMENT 63 an oceupier of property to furnish information as to the sum pavasle by him as sonton account of such property and #s to the nome and address of the person Lo whom it is pavable ; and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner. [(3) Al money recaverable by the trust under this section shall be recoverable in the manner provided by section 222 of the Municipal Act. 83. Whenever default is made by the owner of a Right of oc- building or land in the execution of a worlk required under‘d‘é’ii L e::rca':fft this Act to be executed by him the oceupier of such build- of owners. ing or land may, with the approval of the trust, cause such work to be executed and the expense thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such awner. B4, (1) If. after receiving information of the inten- Procedure wp- tion of the owner of any building or land to take any ac- on orposition to execution by oc- tion in respeet thereof in compliance with a notice issued cupier. under this Aet, the oceupier refuses to allow such owner to take such selion. the nwner may apply to a '[Judicial Magistrate]. (2) The Magistrate upon proof of such refusal may by order in writing require the cccupier to give the owner reasonable facility for executing such works, with respect {o such building or land, as may be necezsary for com- nlianee with the notice. and mav also, if he deems fit, order the occupicr to pay to the owner the costs relating to such applieation or order. (3) If, after the expiration of eight days from the date of the Magistrate's order, the cccupier continues to refuse to allow the owner to execute such work, the occupier shall be liable upon conviction, toa fine which may extend to twenty-five rupees for every day during which he has so eontinued to refuse. {4) Every owner. during the continuance of such refusal, shall be discharged from any penalties to lSubsiItuled for the words "m Magistrate” hy 'Pl.lnjnh Act Nn 25 of 1604 664 TOWN IMPROVEMENT [1022 ; py, Act 1y l which he might otherwise have becoma reason of his defaull in the execution of such Worlkg . Recovery aof 85. When the occupier of » buildin 5 cost afmum:yin compliance with a notice issucd under thig c:‘ executed a work for which the owner of such b“ildiné or land is responsible ejfher in pursuance of tp, cone tract of tenancy or by law, ho shall, in the absence of any contract to the contrary, be entitled tp Tecoyey from the owner by deduction from the rent Payab], by him or otherwise the reasonable cost of such wor Recovery of 86. The expenses incurred by the trust in effect moval by trast, @0Y Temoval under section 173 of the Municipal Act plied by section 49 of this Act, or, in the ev ent of a wriya, notice under section 116 of that Act not being comp o B or lang , fro e owner of the said materialg in the manner Provided by section 222 of the Munieipal Act. Reller to 87. (1) When a person, by reason of trtees, " being entitled to receive, that rent of immovabje Property as trustee or agent of a Person or society would, under this Act, be bound to discharge an obligation imposed by this Act on the owner of the property for the discharge of which money is required he shall not be bound to discharge the obligations unless he has, or by i i his receiving, or the owner sufficient for the purpose, (2) When an agent or trustee hag claimed and established his right to relief und i i obligation as aforesaid the firs his hands on behalf o for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation, ton 22 88 Whenever in this Act or in any sections of the imicipél Act. Municipal Act made applicable by section 49 of this Act, it is provided that any sum shall be recoverable in the manner provided by section 223 of the Municipal Act, then 1922 : Ph. Act IV.] TOWN IMPROVEMENT 665 in applying the provisions of that section all references to the municipal committee shall be construed as referring to the trust. 89. If any person, without lawful authority— mfifl?‘y fance, (a) removes any fence, or any timber used for ste, in atrect. propping or supporting any building, wall or other thing, or extinguishes any light set up at any place where the surface of a street or other ground has been opened or broken up by the trust for the purpose of carrying out any work, or (b) infrings any order given, or remove any bar, chain or post fixed by the trust for the purpose of closing any street to traffic, he shall be punishable with fine which may extend to fifty rupees. 90. If any person without the permission of the Power to i trust, erects, re-erects, adds to or alters any building ‘;f;j‘l';“:; i':“‘io... so as to make the same project beyond a street align- travention of ment or building line preseribed by the trust or erects, sections 50 re-erects, adds to or alters any building in contra- ™ vention of sections 30 or 31 the chairman of the trust may, by a written notice,— (a) direct that the building, alteration or ad- dition be stopped, and (b) require such building, alteration or addition to be altered or demolished as he may deem necessary. 91. If any person— Penalty for cb- 1 con- (a) obstructs, or molests any person with whom ;fifinfi- remov- the trust has entered into a contract in the ing mark performance or execution by such person of his duty or of anything which he is em- powered or required to do under this Act, or (b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act, he shall be punishable with fine which may extend to two hundred rupees or with imprisonment for a term which may extend to two months. v TOWN IMPROVEMENT [1922 ; py,, Aet 1y 82, [¢ » - ¥ * CHAPTER X. SUPPLEMENTAL PROVISIONS, Trustees, ric, 93, Every trustee, and every officer and SeTvany gf corcants, T the trust, and every member and officer and seryyp, of - - the Tribunal, shall be deemed to be a public seryant With. in the meaning of section 21 of the Indian Penal Code, Contritutions 84 The trust shall be liable to pay such contriby. Treve shiewancestions for the leave, allowances and pension of any 3 one of vant of the "(Government] ] employed as chairmay or as e.n officer or servant of the trust, or as a member op officer v servant of the tribunal, as may be “[required by the conditions of his service under the *[Government] ty b, paid by him or on his behalf], [aer. LEeGaL Proceepings. Authority for 95. Unless otherwise expressly provided, no Court provecufion®. chall take cognizance of any offence punishable under this Act, except on the complaint of or upon information received from the frust or some person authorized by the trust by general or special order in this behalf, Powers of 96 chairman sz to nstitution ete, 1TUSt— of legul proceed- jng i ngm“‘ (i} institute, defend or withdraw from legal pro- e ' ceedings under this Act, (ii) compound any offence against this Act, (i) admit, compromise or withdraw any claim made under thijs Act, and (iv) obtain such legal advice and assistance as he may from time to time deem it necessary of expedient to obtain, or as he may be desired The chairman may, subject to the control of the Bection 62 was omitted by the Govermment of India (Adsplalld of Indian Lawg) Order, 1937, “Substituted by ibid, for “Gov bt ernment servant”, "eubslitiled fir the word _ “Crown" by (he Adaptation of Laws Cirder, 1950, jal ABubstituted for the words “preseribed in any general or :]n.'..'lz[ . vracre of the Government" by the Government of Indiy (Aduplation ¢ Indjnn Laws) Order, 1637, XLy 1 fl ey T | 1822 : Pb, Act IV.] TOWN IMPROVEMENT 667 by the trust to obiain, for any of the purpeses referred 1o in the foregoing clause of this see- tion, or for securing the lawful exereise or discharge of any power ar duty vested in or imposed upon the trust or any officer or ser- vant of the trust. 97. Not suit shall be maintainable against the trust, todemaity to Oor any trustee, or any officer or servant of the trust, or ' any person acting under the direction of the trust or of the chairman or of any officer or servant of the trust in respect of anything lawfully and in good faith and with dne care and attention done under this Act. 98. (1) No suit shall be instituted against the frist. JHiotic ":m‘;':: Or any irustee, or any person associated with the trusti vnder section 13 or any member of a committee appoint- ed vnder section 14 or any officer or servant of the trust, 0T any person acting under the direction of the trust or of the chairman or of any officer or servant of the trust, in respect of an act purporting to be done under this Act, until the expiration of two months next after notice in wTiting has been, in the case of a trust, left at its office, and in any other case delivered to or left at the office or place of ahode of the person to be sued, explicitly stating the cause of action, the nature of the relief sourht, the amount of compensation claimed and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left. (2) If the trust or other person referred to in sub- section (1) shall. before the action is commenced, haye tendered sufficient amends to the plaintiff the plaintiff shall not recover any sum in excess of the amount so ten- dered and shall ol:n pay all ensts ineurred by the defen- dant after ruch tender, (3) No action such as is deseribed in (1) chall, unless it is an action for the movable property or for a declaration of {he title thereto, be eommenced otherwise than within six months next after the acerual of the cause of action. sub-section recovery of im- . 668 TOWN IMPROVEMENT [1922 : py, Act] . V. (4) Provided that nothing in sub-section (1) gt be construed to apply to a suit wherein the only ¢ {5\11 claimed is an injunction of which the object WOu]E lef defeated by the giving of the notice or the Postpg ment of the commencement of the suit or pmceedinl';e. s, Evidence. Mode ef proof 99. A copy of any receipt, application, plan, notj of trust records grder, entry in a register, or other documents jp tge. possession of the trust shall if duly certifieq by the legal keeper thereof, or other person authorized by th: * trust in this behalf, be received as prima facie evide, ce of the existence of the entry or document and shy) be admitted as evidence of the matters and transag. tions therein recorded in every case where, and tg the same extent, as the original entry or document woylg if produced, have been admissible to prove sych matters. Restriction en 100. No trustee or officer or servant of the trust e mmmoning shal] in any legal proceeding to which the trust is not to produce docu. @ party be required to produce any register or document ments. the contents of which can be proved under the preced- ing section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the court made for special cause. Validaiten of 101. (I) No act done or proceeding taken under :::;m :;_15 pre- this Act shall be questioned on the ground merely of— (a) the existence of any wvacancy in, or any defect in the constitution of, the trust or any committee, or (b) any person having ceased to be a trustee, or (¢) any trustee or any person associated with the trust under section 13 or any other member of a committee appointed under this Act, having voted or taken any part 18 any proceeding in contravention of section 16, or (d) the failure to serve a notice on any Pem%" where no substantial injustice has resulte from such failure, or ) : (¢) any omission, defect or irregularity no affecting the merits of the case. 1922 : Ph. Act IV.] TOWN IMPROVEMENT 669 2) Every meeting of the trust, the minutes of the procge):fings of which have been duly signed as p;eii cribed in clause (¢), sub-section (1), of section 12, sha be taken to have been duly convened and to be free from all defects and irregularities. Compensation. hi i xpressly pro- c&:mhmr 102. In any case not otherwise e of truat pay vided for in f.l'n}sr act, the trust may pay reasonable compensmtion, compensation to any person who sustain damage by Teason of the exercise of any of the powers vested under this Act in the trust or the chairman or any officer or servant of the trust. Dissolution of Trust. 103. (1) When all such schemes sanctioned under this sty - Act have been executed or have been so far executed and tearafer. o as to render the continued existence of the trust, in the tts s=sets and opinion of the ‘[Central Government], unnecessary, lcbilitles to the or when in the opinion of the *[Central Government] it is expedient that the trust shall cease to exist, the ‘[Central Government] may by notification declare that the trust shall be dissolved from such date as may be specified in this behalf in such notification ; and the trust shall be deemed to be dissolved accordingly. (2) From the said date— (a) all properties, funds and dues which are vested in or realisable by the trust and the chairman respectively shall vest in and bedrea].isable by the municipal committee 3 an (b) all liabilities which are enforceable against the trust shall be enforceable only against the municipal committee ; and (e) for the purpose of completing the execution of any scheme, sanctioned under this Act which has not been fully executed by the trust, and of realizing properties, funds and dues referred to in clause (a) the functions I5ubstituted for the words "Siate ! Government” by the Punjab Reorganisation (Chandigarh) (Adsplation of L Con- warrent Bubjects) Order 1988, 7 AR e ana . 670 TOWN LMPROVEMENT (1922 ; py, Aetyy "of the trust and the chairman upger—r.. Act shali be discharged by the th committee and the presiaent of the Clpy| pal committee, respeclively ; and - (d) the municipal commitiee shall keep sep accounts ot all moneys respectivery re‘:’_ate and expended by it under this Act, umu“’m loans raised hercunder have peen all and until all other liabilities referreg ,flm’d. clause (b) have been duly met. in THE SCHEDULE. (Referred to in section 59,) Further modifications in the Land Acquisi tion A’ 1894, hereinatter called “the said Act”, ! amenament ot L. After clause (e) of section 3 of the said Act the section 8, following shall be deemed to be inserted, namely :— “(ee) the expression, “local authority” includesa trust constituted under the Punjab Town . Improvement Act, 1922." Notification wm, ‘2, (I) The first publication of a notice of any im: der cection 4 & provement scheme under section 36 of this Act shall der section & to pe substituted for and have the same efiect as publi be replaced bY cation in the '[Official Gazettee] and in the locality der sections 36 Of @ notification under sub-section (1) of section 4 of end 42 of this the sajd Act, except where a declaration under section A 4 or section 6 of the said Act has previously been made and is still in force. (2) Subject to the provisions of clauses 10 and u of this Schedule, the 1ssue of a notice uncer sub-section (1) of section 32 in the case of land acquired under that sub-section, and in any other case the public tion of a notification under section 42 shall be substit¥® ted for and have the same effect as a declaration by JSubstituted or the word “Gazette” by the Govesnment of 183 (Adsptatien of Indian. Laws) Order, 1937 Rk 1822 : Ph. Act TV.] moven thernovesess 671 the *[Central Government] under section 6 of the said Act, unless a declaration under the last mentfioned sec- tion has previously been made and is still in force. 3. The fallstop at the end of clause 11 of the said ATT™ Act shall be deemed to be changed to a semi-colon and the following shall be deemed to be added, namely :— : “and “{i1) the costs which, in his opinion. should be allow- ed to any perenn who it found to be entitled to compensation, and who ic not entitled to re- ceive the additional sum of fifteen per centum mentionnd in sub-ceetion (2) of section 23, 2= having heen actually and reasonably incurred by such person in preparing his claim and put- tinr his ease before the Collector. “The Collector mey disallow, wholly or in bpart, costs incurred br anv person if he considers thnt the claim mnde by such person for eom- pensation i extravagant.” 4. T section 15 of the srid Act, for the word and Amendment of firures “and 24" the firures, word and letter 24 and 24. fection 15, A" preceded by a comma, shall be deemed to be substitut- 5. (1) In subsectinn (3) of section 17 of the sald ieria: Aot after the firures “24" the words, fieures and letter et 2e “pr ection 24-A" chall be deemed to be inserted. C {2y To the said seetion 17 the followinge shall be deem- ed.tn be added, namely :(— “{4y Sub-sections (1) and (3) shs]l annly also to any ares rcertified to be unhealthy by anv L Mapistrate of the first clase, (5) Befare prantine anv such certificate. the Magis- “trate rhall cause notice to he rerved ae nromnt- Iw ar mav be on the rersens referred to in suh-sectinn (3) of section 9, and rshall hear Substitated far the words “Stale Government” by fhe Punish Reorganisation (Chandigarh (Adapiation of Laws on State mnd Con- current Subjects) Order 1008 672 TOWN IMPROVEMENT [1922 ; py, Ast . without any avoidable delay any which may be urged by them. Ob]ecu% (6) When proceedings have been taken section for the acquisition of any lamll-‘ n:l:d, thiy person sustains damage in consequence of b suddenly dispossessed of such land, com i tion shall be paid to such person for su&'"“‘ possession.” dig. Transfer of 6. After section 17 of the said Aet the followln mod to trurt ba deemed to be inserted, namely :— g hal) “17-A. In every case referred to in section 18 section 17, the Collector shall, upon Pa&ment:; the cost of acquisition, make over charge of tp, land to the trust; and the land shall thereupop west in the trust subject to the liability of the trust to pay any further costs which may be incurred on account of its acquisition,”. Amenfment of 7. 'The fullstop at the end of sub-section (1) of seee aoition 3% tion 18 of the said Act shall be deemed to be changed to s comma, and the words “or the amount of the costs allow- ed” ghall be deemed to be added. Amenfment of 8 After the words “amount of compensation, section 16, clause (c) of section 19 of the said Act, the words “and of eosts (if any)” shall be deemed to be inserted. Amenémest ¢ 8, After the words “amount of the compensation,” in aaiion clause (e) of section 20 of said Act, the words “or costs shall be deemed to be inserted. Amentment ¢ 10, (1) In clause first and clause sixthly of subset sction 52 tion (1) of section 23 of the said Act, for the words ”P“?; lication of the declaration relating thereto under section and the words “publication of the declaration under s tion 6” shall be deemed to be substituted— (a) if the land is being acquired under sub"fif:x (3) of section 32 of this Act the words "o of the notice under sub-section (3) of s:;w 32 of the Punjah Town Improvement Act 1950 and ot 1822 : Ph. Act IV.] TOWN IMPROVEMENT 673 (b) in any other case, the words “first publication of the notification under section 36 of the Punjab Town Improvement Act, 1922." (2) The fullstop at the end of the sub-section (2) of section 23 of the said Act shall be deemed to be changed to 2 colon and the following proviso shall be deemed to be added :— “Provided that this sub-section shall not apply te any land acquired under the Punjab Town Tm- provement Act, 1922." (3) At the end of section 23 of the said Act, the fol- lowing shall be deemed to be added, namely :— “(3) For the purposes of clause first of sub-section (1) of this section— (a) the market-value of the land shall be the market-value according to the use to which the land was put at the date with reference to which the market-value is to be determined under that clause ; (b) if it be shown that before such date, the owner of the land had in good faith taken active steps and incurred expenditure to secure a more profitable use of the same, further compensation based on his actual loss may be paid to him ; (¢) if any person without the permission of the trust required by sub-section (1) of section 31 of the Punjab Town Improvement Act, 1922, has erected, re-erected, added to or altered any building or wall so as to make the same project beyond a street alignment or building line duly prescribed by the .. trust then any increase in the market-value resulting from such erection, re-erection, addition or alteration shall be disregarded; (d) if the market-value has been increased by means of any improvement made by the owner or his predecessor-in-interest with- in two years before the aforesaid date, such increase shall be disregarded unlexa it be proved that the improvement so made 674 TOWN IMPROVEMENT [1022 ; py, Aet 1y ' was made in good faith and net iy COntayy plation of proceedings for the mzquism,,l; of the land being taken under ), ""nhh Town Tmprovement Act 1022 ; ! (e) if the market-value js specinlly high i 4 7 sequence of the land being put 4, 8 - L which is unlawful or eontrary mh]]: licy, that use shall he disl‘f.‘garded. = Fl?n market-value shall be deemeq tn W the market-value of the land if put to ordj. nary use; and (f) When the owner of the land or building hag after the passing of the Punjab Towm Im. provement Act, 1922, and within ty, Years preceding the date with reference g which the market-value is to he determineq, mada a return under any enactment ip force of the rent of the land or building, the Tent of the land or building shall not in ANy cage be deemed to be greater thanp the rent shown in the latest return o made, save g5 the Court may otherwise direct, and tha market-value may be determined on the basis of such rent : Provided that where any addition to or improve.- ment of the Jand or building has been made after the date of such latest return and pre. vious to the date with referenceto which the market-value is to be determined the Court may take into consideration any increase in the letting-value of the land due to such addition or improvement.” Amengment ¢ 11 For clause seventhly of section 24 of the said soction 8. Act the following shall be deemed to be substituted, namely:— “Seventhly, any outlay on additions or improve- ments 1o land acquired, which was incurred after the date with reference to which the market-value is to be determined, unless such additions or improvements were I_‘“"'is' sary for the maintenance of any building in & proper state of repair.” 1822 : Pb. Aect IV.] TOWN IMPROVEMENT 675 = . rovi- 12. After section 24 of the said Act the followmgmi‘"f}:,’,' Seter- shall be deemed to be inserted, namely :— iadef compen- “24-A. In determining the amount of compensation to be awarded for any land acquired for the trust under this Aect, the tribunal shall also have regard to the following provisions, namely :— ; (@) When any interest in any land acquired under tihis Act has been acquired after the date with reference to which the market- value is to be determined, no separate esti- mate of the value of such interest shall be made s0 as to increase the amount of com- pensation to be paid for such land. (b) 1f, in the opinion of the tribunal, any build- ing is in a defective stale, from a sanitary point of view, or is not in a reasonably good state of repair, the amount of compensation for such building shall not exceed the sum which the tribunal considers the building would be worth if it were put into a sanitary ' condition or into a reasonably good state of repair, as the case may be, minus the esti- mated cost of putting it into such condition or state. (e) If, in the opinion of the tribunal, any build- ing which is used or is intended or is likely to be used for human habitation, is not reasonably capable of being made fit for human habitation, the amount of compen- sation for such building shall not exceed the value of the materials of the building, minus the cost of demolishing the building.” 13. (I) After the words “the compensation” in Amendment o1 sub-section (1) of section 31 of the said Act, %ectlonl and after the words “the amount of compensation” in sub-section (2) of that section, the words “and cost (if any)” shall be deemed to be inserted. (2) After the words “any compensation” in the concluding proviso to sub-section (2) of section 31 of the said Act, the words “or cost” shall be deemed to be inserted. 676 TOWN IMPROVEMENT (1022 : Ph, poy v Insertion of 14. After section 48 of the said Aect, the fg section 48-A. opo1] pe deemed to be inserted, namely:— nuwh’lt Compenaation “48-A. (1) If within a period of one year, from 4 ' to be awarded date of the publication of the declaration under & w S ithir6 in respect of any land, the Collector hag nnf‘:‘flon an award under section 11 with respect to such nd the owner of the land shall, unless he has been t, material extent responsible for the delay, be entjy a to receive compensation for the damage suffereq by him in consequence of the delay.” ODa Year. “(2) The provisions of Part III of this Act shall apply so far as may be, to the determination of the compensatigy payable under this seetion.” Amendmeat of 15 After sub-section (I) of section 49 of the saig sctom & Act, the following shall be deemed to be inserted, namely :— “Explanation.—For the purposes 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.”