Punjab act 002 of 1955 : Pepsu Townships Development Board Act, 1954

DEVEWPMENT IMARIZACT, 1954

iACT NO OF 19551

(3").Jann

AN

ACT

in provide for the establislunimi f d .Developown; Board. for the purposes of c -instructing and developing towiti.iltips at suitable ploces in the State and sciiine

• i Lai tsilidtX■11 ; t:rftt.■ 4t4Tt briar.; rmcitril in r.lic; !=ifth ycue t.1 4:public ii)1144ws: -

CHAPTER t

Preliminary

11014.1' Trak 'this At

P1StJ Tov.tiships

Development Board Act, [954.

2 1) in this Act. ardrss the =WO otherwise requires - ia) "Board- means the Panda' & East Punjab Stale Union Town, Development lloard cstabtishcd under Section 3 (hi tburufmeans the Chairman of the Boaid

(e) "Displaced Pason" means any person who, on account or ow, sviting of the Dominions of India and Pakistan or on account of Civil diSusibences or the tear of such disturbances in any area now forming part of I.4kistan, including any state which has acceded to Pakistan, has berm displaced hok or has lett his place of reside.ncc in such arca and who has subsequently been residing in any part of /edit. -Me thee' means rsbc. f the Board and includes the (7.hiiit 47i fe) "Prescribed' inane; prescribed by rides made under this Ant

(I) "Township" means any town to be constructed and developed by the

Board in any pint a the State for the settlement of displaced pers'ort

thank*. Contd.,

1

ritif t 4.

(1) The Board shall

o^w.

a Te used and not clefin (Punjab Act, 111 of 1911

tem in the said Act

ut - Il

THE State vernment may, by notification in the official Gazette, establish a hoard to be called the Patiala and East Punjab States Union Townships meat Board. for the ;mimeses of constructing IPA developing townships at such places in the State as it deems fit„ settling therein displaced persons. exercising such ether powers end discharging such other functions as arc conferrer on. or may be assigned to. the Board by or under this Act.

(2) The Board shall be a body corporate by the ranee aforesaid having perpetual succession and a common seal, with power, subject to the previsions orgthis Act and the rules made thercW der. to acquire. own or transfer property, both movable and immovable., and ray'by the said name suc and be sued.

(2) The names of members appointed understab-secti^on

in the official Gazette and every such appointment shall date on whiCh it is so published.

13

5.

(1) The terms of office of the and other re ^u

may be prescribed.

(2) The Chairman or any other member may resign his office his hand addressed to the State Government but his resigns eflitct front the date on winch it is accepted and notified in off

(3) A member shall hold office during the pleasure of the State Government. Contd.. P.,3....

2

7.

(4) A casual vacancy caused by resivation, death or removal of a tar or

for any other reason shall be filled by fresh appointment in acote e with the provisions of Section 4.

6. THE B

(1) The Board r .niay, from time to effect to the purposes of this Act appointor more committees consistingsine persons OS it thinks fit.

(2) The Board May: - refer to such committee for inquiry cl reFori any ma any

of the purposes of this Act. delegate`• to such Committee, by a specific resolution and subject to any rules made in this behalf any of the powers or duties of the Board relating to the subject matter for which such Committee has been appointed.

The Board may, at any time, for reasons to be recorded, dissolve or alter the constitution of any such Committee.

Every Committee shall carry out any instmction given to it by the Board, and every final decision of such Committee shall, subject to any rule to the contrary, be /aid before the Board for confirmation. No act or proceedings of the Board f any of its Committees shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution titr ttuereef.

8. * BERN:

(1) No person who directly or indirectly, by himself or by any partner, has any share or rote, in, any contract with, by or on behalf of the Board, or in any business,' industry or concern, connected with the construction and development of a township under this Act except as a share-holder (other than a director or managing agent) in an incorporated company, or bolds any office 'tor profit under the Board, shall become or continue to be a member of the Board.

3

Provided that no Sijth tnanber $hah be deemedto have any share or int iu any such contract by reason only of his being: -

(a) A share-holder in, or a member of, any incorporated or registered company with which any such contract has been entered into by the Board; or

(b) A person to whom the Board has sold, leased, let out on hire or allotted any ProPertY.

(2) Subject to the provisions to sub-section (3) of section 3, the State Government may,. by notification in the official Chtextre, remove from offiet any Member oldie Board Who, .Z1

to any of the disgtudific.ations herein befotc

Maat6SIA_Qf THE BOARD:. The Board shall meet at such times and places, and shall, subject to the provisions of this section observe such rules of procedure in regard to transaction of business at its meetings as may be prescribed. Provided that the Chairmen may, whenever he thinks fit, and shall, upon the written request of not less than two members, call a special

meeting

(2) The quorum necessary for the transaction of business the Board shall be three members,

Provided that whore the business to be transacted at any such meeting involves the preparation of any scheme tinder Chapter-111, the quorum shall be four.

(3) The ebaimurn or in his absence, any member chosen by the members present from among themselves shall preside at a meeting of the Board.

(4) All questions at any meeting of the Board shall be decided by a majority of the votes of the members present and voting, and in the case of an equality of votes, tits Chinaman or in his absence the pet-son presiding, shaft have

and exercise a second or casting vote

(3) Minutes of the proceedings of each meeting (together with the names of the members present) shall be recorded in a book to be provided for the purpose, and shalt be signed by the person presiding at the next ensuing meeting, and the minutes shall be circulated to eavh member and shall, at all reasonable time3, be open to inspection by any member during office hours free of charge.

Could,... P, ., ,5,.

4

5

10. PO1 R.OF BOARD TO ASSOCIATE OTHER PERSONS: - The Board may associate with itself, in such. manner and for such purpOsea as may be prescribed, any person, whose assistance or advice it may desire in. cam out any of the provisions of this act or rules made thereunder; and such pertOri - khan have a right to take part in the discussions of the Board, relevant tOthe:parpose, but shall natlave a right to vote. , • .

11. ON NICERSAND- SERVANTS OF *nig BOARD:

Subject to the provisions of this Act and any rules made thereunder. the Board, may appoint such officers turd servants as it considers necessory for the efficient perfennavoe of its functions on such terms and conditions- of service as it may consider propr.

12. ADMINISTRATOR OF THE BOARD:

(1) There AO be an Administrator of the Board who shall be appointed by the State Government on such ,terms and conditions as may be prescribed.

(2) The,AdnriniStrator shall be the ex-officio secretary to the Board and shallhave the right to speak at, and otherwise take part in, any meeting, but s ,iipt have the right to vote.

(3) The - • •strator shall be the principal executive officer of the Board and ell firer officers and servants of the Board shall be subordinate to CgAPIXR.— ffl

FUNCTIONS AND POWERsOF THE BOARD

13. EXTENT OF JIJRISDICTIQN OF 1714EBOARD:

(1) The jurisdiction. of the Board,shall extend to every township constructed and-developed by the poari under this Act and the State Government may bynorification in the Official Gazette, specify the territorial limits of eVery Stroh -toWn.ship'G.and the.area so specified shall be called the area of operation of the Beard,

(2) The StatetGovengnent may; from time to time, by a like notification. extend d vary the. limits .of such area.of operation of the Board. Contd.... P...6....

(3) The Board shalt early out all or any of its functions and exercise all or

any of its powers within. the area of it ^..s operetkm. 11

14. PREPARAVON OF A TOWNSHIP SCHEME:

(1) The Board shall, as soon as may be, after the area of its operation has been specified in relation to a township under sub-section ( ) of Section 13, prepare a scheme in the priscribed manner for the construction and development of the :tolvmhirs for the porpose of rthehilitating divlsr4 pennns and take all such measures as may 4pear to it to be necessary for carrying out -,41..11 rehabilitation,

(2) A scheme to be prepared by the Board under sub-section (1) shall, among other things, provide for; -

(a) The laying out of the locality to be developed.

(b) The purposes for which particular portions of such utilize&

(c) The laying out of streets and buildings.

(d) Roads, drainage, sewerage and water-supply lighting of ts, and public health, sanitation and social welfare.

(c) CODATOliti011 of residential or other buildings. y *4

(1) Sack he rotten as may appear necessary to the Board for carrying out the purpose of this act

(3) The Board inay at any time alter or vary a scheme prepared by it under sub- section (2).

(4) Any schercie for the construction and development of a township prepared by the Board undtr sub-section (2) or any alteration in or modification o& such scheme under sub-section (3) shall, if so, required by the State Government be sub-mittcd by the Board to the State. Government for approval.

15. GENERAL POWERS OF THE BOARD.

(1) Subject to Ihe ptovision of this Act and the rules made thereunder the Board shall have powers to do anything consistent therewith, which may in its opinion by necessary or expedient for the purpose of carrying out its functions under this Act

P...7....

4

(2) Without prejudice to the generality of the foregoing prom

shall have power: -

13

(a) to acquire and hold such property, both movable and inunovable, as the Board may deem necessary and to sell, lease or otherwise transfer any such properly

(b) to construct residential or other buildings.

(c) subject to such rules as may be made in this behalf by the State fiovenarnent to advance to a displaced person, or to any other person a loan for rndust r busi.ss

buildings.

(d) to sell, lease or let out on hue any building or site belonging to the Board to any person on such terms as may be prescribed.

(c) to promnie re cw)se to he promoted an trade, business or indttstry for the development of the township_

(1) to make provision for drains, sewers, water supply and the lighting of streets.

(g) to undertake measures to promote public health sanitation, education and social welfare and to promote or operate schemes of water supply, drainage and irrigation

(h) to perform such other functions as may be prescribed<

16. AMOUNT DUE TO THE BOARD TO BE FIRST CHARGE:

Notwithstanding anything contained in any law for the time being in force, where a loan has been advanced to a displaced person under clause Cc) of sub-section (2) of section 15, or where a building or site has been sold or leased or let out on hire under clause (d) of the Board on account of the loan, sale, lease or hire together with any interest thereon, shall be a first charge on the building. machinery stock and other assets belonging to such person

17. POWERS OF THE BOARD TO APPLY CERTAIN PROVISIONS OF

THE PUMB MUNICIPAL ACT TO TOWNSHIPS: - The State Government may, by notification in the official Gazette apply to any township or a part thereof, with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of section 61 to 79, 82 to 92, 96 to 110, 113 to 121, 121A, 122, 123, 125 to 168.

Contd... P. 8.

7

170 to 17OF, 172 to 185, 188 to 197, 199, 201 to 207, 209 to 222, 224 to 228 and 230 of the Punjab Municipal Act, 1911 (Punjab Act III of 1911) Union in so far as such provisions are not inconsistent with the provisions of this Act if

18. P*WEL OC LF REPAY E T BEFORE AQBEED PER1Qp: - Notwithstanding any agreement to the contrary, the Board may, by notice require any person to whom a loan has been advanced under this Act to repay forthwith in full with interest thereon any such loan. It' it appears to the Board that fthe or incorrect infoanation in any material- particeins has been ziven hy the rt.1:A.:ii Cie Vol:

(h) If the person has failed to comply with airy terms of the :Arriet with the 1E:toard in respect of the loan; cl"

(c) If in the opinion of the Board there is a reasonable apprehension that the person is unable to pay his debt or that insolvency proceedings or proceedings for liquidation are to be started against him; or.

(d) lf it is necessary in the opinion of the Board .for any other reason to protect the interests of the Board.

19. MODE OF REcOVERY OF LOAN: - If the amount of loan or any instalment thereof or any interest thereon winch has become due to the Board in accordance with the terms of the contract or under the provisions of this Act, has not been re-paid, then:-

(a) Without prejudice to any other remedy provided by law, such loan instalment or interest may be recovered as arrears of land tevenue, or

.

(b.) Where such loan was taken for the purposes of trade business or industry, the Board may, subject to such rules as may be made in this behalf by the State Govt. take charge of the trade, business or industry of the person on such terms and conditions as may be agreed upon.

20. ?OWL:A OF INSPECTION: -

(1) Ile Administrator or any other officer empowered by the Board in writing in this behalf may, by order, require any person to whom a loan has been advanced or to whom a building or site has been leased or let out on hire to furnish such information or to produce such books of accounts and other documents for inspection at such time and place as may be specified in the order and such person shall comply with such order.

Contd.... P...9..

8

•

(2) The Administrator or the other officer so empowered may inspect such books of accounts or documents produced and take extracts therefrom_

(3) The Administrator or such other officer making the inspection or any person working ander his orders, shall not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affair' s of such person.

(4) If any person contravene the provisions of sub-section (1) or sub- section (3), he shall be punishable with imprisonment which may extend to one month or with tine which may extend to two hundred rupees or with both. RECOVERY OF ARREAP_S OF 7.7,4:7(7! A.NT) i...F.P SUMS AS • ARREARS OF LAND RE-VP:NIX AirrEg. 'Nonc:F.7. -

1) If any person fails to pay on the date on which payment is due any tax, or any instalment of any tax, or any fee or any other sum: (not being a loan) due to the Board under this Act, or due to the Board as rent for any movable or immovable property under the control of the Board, the. Board shall ordinariry within fifteen days after such date cause a notice of demand to be served on such person or delivered at or affixed to his place of residence, or addressed. by registered post to such place of residence or any other place :where he may be known to reside and if no payment is made until the exTri.ty ,of three weeks from the date of the issue of such notice, the amount of the arrear claim may if certified by the Administrator, be recovered as arrears of land revenue.

(2) Any postal, charges incurred or any fee leviable for the notice of demand under sub.Section (1) may be added to the arrear claim, and recovered as such.

CHAPTER —IV

PROPFRTY FINANCP, ACCOUNTS AND AUDIT

VESTINQ OF PROPERTY IN THE BOARD:

All property movable and immovable, and all assets and funds owned or acquired by the State Government for the purposes of construction and development of any township at any time before the establishment of the Board, shall on such establishment and subject to such conditions as may be prescribed, vest in the Board.

23. EXPENDITURE BEFORE THE ESTABLISHMENT OF THE BOARD: - All expenditure incurred by the State Government at any time before the establishment of the Board for any of the purposes under this Act shall be deemed to be the expenditure of the Board.

9

10

24, FIND OF THE BOARD: -

(1) The Board shall have its own fund and all grants and advances made to it from time to time by the Central Government or the State Government and all receipts of the Board shall be credited thereto and all payments by the Board shall be made therefrom.

(2) Save as ma yi be prescribed, all moneys belonging to that fund shall be deposited in such scheduled bank or invested in such securities as may be approved by the State Government.

25, P.V.VER O1'...T14:F. BOARD TO -

Sublet.: to such Erni:wit-As and rcstnetions ctth , of f^■Ic Board as may be prescribed, the Board shall have power without reference to the State Government to spend such stuns as it thinks fit for the purposes of this Act and the rules made thereunder, and such sums shall be deemed to be the expenditure payable out of the funds of the Board. Provided that no sum shall be expended by or on behalf of the Board unless the expenditure of the same is covered by a current budget grant sanctioned by the State Government

26. REPAYMENT OF LOANS AND INTEREST BY BOARD: - ( I) All loans advanced to the Board by the Central Government or the State Government together with the interest accruing thereon at such rate as may, from time to time, be fixed by the Central government or the State Government, as the case may be, shall be a first, charge on the fund of the Board and the Board shall repay such loans with the interest thereon in such manner and in such number of installments as may be determined by the Central Government or the State Government as the case may be, and every such repayment shall be deemed to be a pan of the expenditure of the Board.

(2) For the purposes of any loan granted to it by the State Government, the Board shall be deemed to be a local authority within the meaning of the Local Authorities Loans Act, 11914, (IX of 1914).

27, BUIXIET:

(1) The Board shall prepare, in such form and at such time as may be prescribed, a Budget in respect of every financial year showing its estimated receipts and expenditure during the financial year and submit it to the State Government who may sanction the budget with such alterations and modifications, if any, as the State Government may deem fit.

(2) A copy of the budget of the Board as so sanctioned shall be forwarded by the State Government to the Central Government.

Contd. ,..11„ . 1., „

It

28. ANNUAL REPORT: - The Board' shall, as soon as possible after the close of a financial year, prepare in such form and before such date as may be prescribed an annual report (including a statement of its assets and liabilities at the close of that financial year) giving a true and faithful account of its activities during the financial year, and copies thereof shall be submitted by the Board to the State Government

29. ACCOUNTS AND AUDIT:

The Board shall cause to be maintained such books of account and other books in relation TO its accoolus in sit di foini in ma wan:14:r ,11, presciibed

(2) The accounts of the Board shzdl lx. audited by such authority the natter referred to in this section as the "auditor"), at such times and in such manner as may be prepared.

(3) The auditor shall be furnished by the Board with a copy of the annual report (including the statement of its assets and liabilities) for the financial year in respect of which the accounts arc to be audited and it shall be the duty of the auditor to scrutinize the statement together with the accounts and vouchers relating thereto and for this purpose, he shall at all reasonable times have access to the relevant books, registers, accounts and other documents of the Board and shall also have power to examine any officer or servant of . he Board in relation to such accounts.

(4) The auditor shall prepare a report on the aforesaid report and accounts (including the statement of assets and liabilities) audited by him and forward copies thereof to the State Government and the Central Government together with a statement whether in the opinion of the auditor, the report and accounts are complete and true in all, material respects and exhibit a true and correct view of the state of affairs of the Board, and whether any explanation or information from the Board was called for and whether it has been given and whether it' is satisfactory. CHAPTER — V

MISCELLANEOUS

30 DIRECTIONS BY THE STATE GOVERNMENT: - The State Government may, give to the Board general instructions to be followed by the Board and such instructions may include direction to the Board regarding the exercise of its powers and performance of its duties under this Act in such manner as may be binding on the Board. Contd P...12...

11

12

CAL FOR, RETURN. $TATEMEN CNF9ENiATh7N ETC: - shall runtish to thee State Govt. at such tirne,and in such form and manner as may be prescribed or as the State Govt. may direct, such returns and statements and such particulars in regard to any proposed or existing scheme as the State Govt. may, from time to time require.

(2) The State Govt. may at any time by order in writing addressed to the Administrator require the Board to ihrnish it with such information, statement, report or documents in regard to any matter relating to the functions or acts of the Board or ary4of its members, officers or savants and the Administrator shall wit/lc:it delay eon-1ply with such ordc ccr,-;riling1y.

32. POWER TO P 0 IT

BOARD: -

ION Q.ElkESOLUTiON OR ORDELQL-.. THE The State Govt. may, by order in writing, prohibit the execution or further execution of resolution or order passed or made under this Act by the Board, if in the opinion of the State Government such resolution or order is of such nature as to cause obstnletion, annoyance or injtuy to the public or to any class or body of persons lawfully employed, or a danger to human life, health or safety or void or affray or is otherwise prejudicial to public interest and may prohibit the doing or continuance by any person of a act hi pursuance of or under cover of such resolution or order.

If in the opinion of the State Govt. an emergency exists, it may direct that any work or acts which the Board is empowered under this Act to execute or do, and the immediate execution or doing of which,- is in its opinion, necessary for the safety or protection of the public, shall forthwith be executed or done and that the expense of executing the work or of doing the act shall be paid out of the fund of the Board.

(2) If the expert d ed ten be paid under sub-section (I) its not forthwith paid, the State Govt. may make au order directing the person having the custody of the balance of the fund of the Board to pay the expense, or so much thereof as may from time to time be possible, from that balance in priority to all other charges, against the same,

34.

1

..,,mss vvverrunent:.tzas mantes ant order under section 32 or 33, the Board. may, within months of the date of receipt of such order, make such representanc? to the state Government as it thinks fit and if no such

representation is received within the period specified or if on consideration if ,a

representation from the Board the State Government is of the opinion that the

order of Orcibibition shall be confined, modified or rescined the State Government

shafipass such order accordingly and'the order so passed shall be final.

Contd., ..

(1)