THE PUNJAB MUNICIPAL CORPORATION ACT, 1976
(PUNJAB ACT 42 OF 1976)
PART I
References Constructions
1 2
1. Punjab State
2. State of Punjab
3. Whole of Punjab State
4. Whole of the State of Punjab
5. Punjab where it refers to the State of Punjab
6. Punjab Government
7. Government of Punjab
8. Government of the State of Punjab
9. State Government
10. The Government of Punjab
11. Government
12. Divisional Commissioner
13. Director
14. Associate councillor
15. City
Union territory of Chandigarh
Administrator
prescribed authority
Councillor
Chandigarh.
PART II
Section 2,―
(a) for clause (1), substitute―
‗(1) ―Administrator‖ means the administrator of the Union territory of Chandigarh appointed
by the President under article 239 of the Constitution;
(1A) ―backward classes‖ means any of the backward classes specified from time to time by
the Administrator and whose names are published in the Official Gazette;‘;
(b) omit clause (6);
(c) after clause (7), insert―
‗(7A) ―Corporation‖ means the Municipal Corporation of Chandigarh constituted under this
Act;‘;
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(d) after clause (8), insert―
‗(8A) ―councillor‖, in relation to the Corporation, means a person elected or nominated under
sub-section (3) of section 4;‘;
(e) for clause (10), substitute―
‗(10)―district‖ means district of Chandigarh covering the entire area of the Union territory of
Chandigarh;
(10A) ―District Planning Committee‖ means a Committee constituted under article 243ZD of
the Constitution;‘;
(f) omit clause (12);
(g) after clause (14), insert―
‗(14A) ―Election Commission‖ means the Election Commission of the Union territory of
Chandigarh referred to in section 10;‘;
(h) after clause (17), insert―
‗(17A) ―Finance Commission‖ means the Finance Commission of the Union territory of
Chandigarh referred to in section 84A;‘;
(i) for clause (23), substitute―
‗(23) ―licensed architect‖, ―licensed engineer‖ and ―licensed plumber‖ mean respectively a
person registered and licensed as architect, engineer and plumber under section 16 of the Capital
of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952);‘;
(j) after clause (26), insert―
‗(26A) ―Municipality‖ means an institution of self-government constituted under article 243Q
of the Constitution;
(26B) ―Municipal area‖ means the territorial area of the Municipality as is notified by the
Administrator under section 3 of the Act;‘;
(k) after clause (36), insert―
‗(36A) ―population‖ means the population as ascertained at the last preceding census of which
the relevant figures have been published;‘;
(l) after clause (37), insert―
‗(37A) ―prescribed authority‖ means such authority or officer as the Administrator may, from
time to time, by order to be published in the Official Gazette, prescribe:
Provided that the Administrator may prescribe different authorities or officers for different
provisions of this Act;‘;
(m) for clause (43), substitute―
‗(43) ―public street‖ means any street or the soil below the surface thereof which is
specifically vested in the Corporation by an order of the Administrator issued in this behalf;‘;
(n) for clause (51), substitute―
‗(51) ―rural areas‖ means the areas of the Union territory of Chandigarh which are not urban
areas;‘;
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(o) for clause (52), substitute―
‗(52) ―Scheduled Caste‖ means any of the Scheduled Castes specified in Part II of the
Schedule to the Constitution (Scheduled Castes) (Union territories) Order, 1951;‘;
(p) for clause (60), substitute―
‗(60) ―urban areas‖ means such areas as the Administrator, may, having regard to the
population of the area, density of the population therein, the revenue generated for local
administration, the percentage of employment in non-agricultural activities, the economic
importance or such other factors as he may deem fit, specify to be urban area by notification in
the Official Gazette;‘.
After section 2, insert―
―2A. The application of certain definitions of the Capital of Punjab (Development and
Regulation) Act, 1952.―The words used and not defined in this Act but defined in the Capital of
Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952) shall have the
meanings respectively assigned to them in that Act.‖.
For section 3, substitute―
―3. Declaration of area to be municipal area.―(1) For the purposes of this Act, the
Administrator shall, by notification, specify such territorial area of the Union territory of Chandigarh
to be the Municipal area of the Municipal Corporation of Chandigarh.
(2) The Administrator may, from time to time, after consultation with the Corporation, by
notification, alter the limit specified under sub-section (1) so as to include therein or to exclude
therefrom such area as may be specified in the notification. The Corporation shall send its views to
the Administrator within a period of three months of the date on which it is first consulted.
(3) The power to issue a notification under sub-section (2) shall be subject to the condition of
previous publication.
(4) When the limits specified under sub-section (1) are altered so as to include therein any area,
this Act and, except as the Administrator may otherwise by notification direct, all rules, notifications,
bye-laws, orders, directions and powers made, issued or conferred and all taxes and fees imposed
under this Act and in force throughout the area specified under sub-section (1) shall apply to such
included area.‖.
Section 4,―
(a) for sub-section (1), substitute―
―(1) For the purposes of carrying out the provisions of this Act, there shall be a corporation
charged with the municipal government, to be known as the Municipal Corporation of
Chandigarh.‖;
(b) in sub-section (2), for ―Every‖, substitute ―The‖;
(c) for sub-section (3), substitute―
―(3) The Corporation shall be composed of the following members, namely:―
(i) members to be directly elected, representing wards;
(ii) nine members with voting rights to be nominated by the Administrator, from amongst
the persons who are eminent or distinguished in public affairs or those who have special
knowledge or practical experience in respect of 1
[municipal administration; and]
1. Subs. by Act 50 of 2000, s. 2, for ―municipal administration‖ (w.e.f. 11-12-2000).
7
1
[(iii) the member of House of the People representing the constituency which comprises
wholly or partly, the municipal area, with the right to vote.]
Section 5.―In sub-section (2),―
(i) in the first proviso, for ―forty and more than fifty‖, substitute ―twenty‖;
(ii) omit second proviso.
For section 6, substitute―
―6. Reservation of seats for women, Scheduled Castes and backward classes.―(1) Seats shall
be reserved for women belonging to the Scheduled Castes, from amongst the seats reserved under
sub-section (4) of section 5 for the Scheduled Castes, the number of such seats being determined by
the Administrator by an order published in the Official Gazette, which shall not be less than one-third
of the total number of seats reserved for the Scheduled Castes.
(2) Seats shall be reserved for women, the number of such seats being determined by an order
published in the Official Gazette by the Administrator which shall not be less than one-third
(including the number of seats reserved for women belonging to the Scheduled Castes) of the total
number of seats to be filled up by direct election:
Provided that the seats reserved for the Scheduled Castes or for women (including those
belonging to the Scheduled Castes) shall be allotted by rotation to different wards in such a manner as
the Administrator may, by order published in the official Gazette in this behalf, determine.
(3) The reservation of seats under sub-section (4) of section 5 and under sub-section (1) of this
section shall cease to have effect on the expiration of the period specified in article 334 of the
Constitution.
(4) The Administrator may, if he considers it necessary, by an order published in the Official
Gazette, direct that such number of seats as may be specified in the order shall be reserved in favour
of backward classes of citizens:
Provided that, when a backward class is deleted by an order of the Administrator, the member
elected from such class shall not cease to hold office merely as a result of such deletion and shall hold
office as he would have held had the deletion not been made.‖.
For section 7, substitute―
―7. Duration of the Corporation.―(1) The Corporation, unless sooner dissolved under
section 407, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute the Corporation shall be completed–
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of its dissolution:
Provided that where the reminder of the period for which the dissolved Corporation would have
continued is less than six months, it shall not be necessary to hold any election under this sub-section
for constituting the Corporation for such period.
(3) The Corporation constituted upon its dissolution before the expiration of its duration shall
continue only for the reminder of the period for which the dissolved Corporation would have
continued under sub-section (1) had it not been so dissolved.‖.
1. Ins. by Act 50 of 2000, s. 2 (w.e.f. 11-12-2000).
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Section 8.―For sub-section (2), substitute―
―(2) The Administrator shall, by an order in the Official Gazette, determining,―
(a) the number of wards; and
(b) extent of each ward.
(3) The Election Commission shall, by an order in the Official Gazette, determine the wards in
which seats shall be reserved for the Scheduled Castes, for women and the manner in which seats
shall be rotated under the proviso to sub-section (2) of section 6.‖.
For section 10, substitute―
―10. Elections to the Corporation.―(1) The superintendence, direction and control of
preparation of the electoral rolls for, and the conduct of all elections to the Corporation shall be
vested in the Election Commission appointed under section 7 of the Delhi Municipal Corporation
Act, 1957 (66 of 1957), and the Election Commission so appointed under that section shall be
responsible for the functions conferred on the Election Commission under this sub-section.
(2) The Administrator shall, when so requested by the Election Commission, make available to
that Commission such staff which the Administrator considers necessary for the discharge of the
functions conferred on the Commission by sub-section (1).‖.
Section 12.―In clause (a), for ―twenty-five years‖, substitute ―twenty-one years‖.
Section 13,―
(i) in sub-section (1), after clause (1), insert―
―(m) if he is so disqualified by or under any law for the time being in force for the purposes
of elections to the House of the People:
Provided that no person shall be disqualified on the ground that he is less than twenty-five
years of age, if he has attained the age of twenty-one years;
(n) if he is so disqualified by or under any law made by Parliament.‖;
(ii) in sub-section (2), after clause (c), insert―
―(d) a person shall not be disqualified for being nominated as a member of the Corporation on
the ground that he holds office of profit for the purposes of election to the House of the People
under any law for the time being in force.‖.
After section 13, insert―
―13A. Decisions on questions as to disqualification of members.―(1) If any question arises as
to whether a member has become subject to any disqualifications mentioned in section 13, the
question shall be referred for the decision of the Administrator and his decision shall be final.‖.
Section 15,―
(i) omit sub-section (2);
(ii) in sub-section (3), for ―Director‖, substitute ―Administrator‖.
Section 16,―
(i) in sub-section (1), for ―Director‖, substitute ―Administrator‖;
(ii) in the proviso to sub-section (1), for ―four‖, substitute ―six‖;
(iii) in sub-section (2),―
(a) in the opening portion, for ―Scheduled Castes‖, substitute ―Scheduled Castes, backward
classes or for the women, as the case may be,‖;
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(b) after the words ―Scheduled Castes‖ occurring at the end, add ―backward classes or be a
woman‖.
Section 17,―
(a) omit ―or co-opted‖ and ―or co-option‖;
(b) for ―Director‖, substitute ―Election Commision‖.
Section 35.―In sub-section (1), omit ―other than an associated councillor‖.
After section 35, insert―
―35A. Vacation of seats in case of multiple membership.―No councillor shall be a member
both of the Corporation and Parliament and if a person is so chosen, then at the expiration of fourteen
days from the date of the publication in the Gazette of India, or as the case may be, in the Official
Gazette whichever is later, that he has been so chosen, that person‘s seat in Parliament shall become
vacant unless he has previously resigned his seat in the Corporation.‖.
Section 36.―For sub-section (1), substitute―
―(1) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his
seat shall thereupon become vacant.
(1A) If during three successive months, a councillor is, without permission of the Corporation,
absent from all meetings thereof, the Corporation may declare his seat vacant.‖.
Section 38,―
(a) for sub-sections (1), (2) and (2A), substitute―
―(1) The Corporation shall, at its first meeting in each year, elect one of its elected members
to be the Chairperson to be known as the Mayor and the other two such members to be the
Senior Deputy Mayor and the Deputy Mayor of the Corporation:
Provided that during the duration of the Corporation, the office of the Mayor shall be
reserved in favour of a member who is a woman for the first and the fourth year of the
Corporation and in favour of a member belonging to a Scheduled Caste in the third year of the
Corporation.‖;
(b) after sub-section (3), insert―
―(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a
woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing
one of the councillors from amongst women or members of the Scheduled Castes, as the case
may be.‖;
(c) for sub-section (6), substitute―
(6) The Mayor may obtain reports from the Commissioner on any matter connected with the
municipal government of Chandigarh.‖.
After section 41, insert―
―41A. Wards Committees.―(1) There shall be constituted such number of Wards Committees
consisting of one or more wards, within the territorial area of the Corporation, as the Administrator
may, from time to time, by order published in the Official Gazette, determine. The order shall indicate
the name of the Wards Committee and also the extent of the area comprised within the jurisdiction of
such Committee.
(2) Each Wards Committee shall consist of―
(a) all the councillors, elected from the wards in the territorial jurisdiction of the Committee;
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(b) the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of
section 4 if his name is registered as an elector within the territorial limits of the Committee;
(c) such number of persons, as may be prescribed, to be nominated by the Administrator.
41B. Chairperson of Wards Committee.―(1) The Wards Committee shall, at its first meeting
in each year, elect one of its members who is a councillor to be Chairperson:
Provided that where a Wards Committee consists of one ward only, the councillor representing
that ward in the Corporation shall be the Chairperson of that Committee.
(2) The Chairperson of the Wards Committee shall hold office from the date of his election until
the election of his successor in office unless in the meantime, he resigns his office as Chairperson.
(3) On the occurrence of any casual vacancy in the office of the Chairperson, the Wards
Committee shall, within one month of occurrence of such a vacancy, elect one of its members who is
a councillor as Chairperson:
Provided that where a vacancy has arisen on the resignation or death of the only councillor on the
Committee, the Administrator may appoint any other councillor as Chairperson of the Ward
Committee till election is held to fill the vacancy in due course.
41C. Resignation of Chairperson and members of Wards Committee.―(1) Any member of
the Wards Committee, may resign his office by writing under his hand addressed to the Chairperson
and delivered to the Commissioner; and the Chairperson may resign his office by writing under his
hand addressed to the Mayor and delivered to the Commissioner.
(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in
writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by
the Chairperson or the Commissioner, whichever is later.
41D. Functions of Wards Committee.―(1) Subject to the provisions of this Act, a Wards
Committee shall exercise the powers and perform the functions as may be determined from time to
time by the Corporation by resolution.
(2) When any question arises as to whether any matter falls within the purview of the Wards
Committee or the Corporation, it shall be referred to the Corporation and its decision thereon shall be
final.
41E. Special Committees.―(1) The Administrator may, by order published in the Official
Gazette, constitute one or more Special Committees in addition to Wards Committees and the
Committees referred to in section 42, as he thinks fit for the exercise of any power or discharge of any
function which the Corporation, may, by resolution, delegate to them or for inquiring into, reporting
or advising upon any matter which the Corporation may refer to them.
(2) Any such Committee may consist of one or more councillors and such other persons having
special knowledge or practical experience as the Administrator may nominate representing various
interests which he may think fit, such as industry, commerce, labour, literature, science, art and social
services.
41F. Constitution of District Planning Committees.―(1) There shall be constituted in the
district, a District Planning Committee to consolidate the plans prepared by the Corporation and the
Panchayats in the District, and to prepare a draft development plan for the district as a whole.
(2) The manner in which the seats in the District Planning Committee constituted under
sub-section (1) shall be filled, the functions which may be assigned to such Committee and the
manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the
Government, subject, however, to the provisions of article 243ZD of the Constitution.
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(3) In preparing the draft development plan of the district, the District Planning Committee shall
have regard to―
(i) the matter of common interest between the Panchayats and Municipalities in the district
including spatial planning, sharing of water and other physical and natural resources, the
integrated development of infrastructure and environment conservation; and
(ii) the extent and type of available resources whether financial or otherwise.
(4) While preparing the draft development plan of the district, the District Planning Committee
shall consult such institutions and organizations as the Government may, by order, specify.
(5) The Chairperson of District Planning Committee shall forward the draft development plan as
recommended by such Committee to the Government.
(6) Any matter relating to a Committee constituted under section 41A or this section, not
expressly provided in this Act, the same may be provided in the rules made in this behalf.‖.
Section 42,―
(a) omit sub-sections (1), (2), (4) and proviso to sub-section (5);
(b) in sub-section (3), omit ―a Building and‖.
Section 44,―
(a) in clause (q), add at the end ―except such important parks and stadia as may be specified by
the Administrator by an order issued in this behalf‖;
(b) after clause (t), insert―
―(tt) the preparation of plans for economic development and social justice;‖.
Section 45.―In the opening portion, for ―The Corporation‖, substitute―
―Subject to any general or special orders of the Administrator from time to time, the
Corporation‖.
Section 47,―
(i) for sub-section (1), substitute―
―(1) The Administrator shall, by notification in the Official Gazette, appoint a suitable officer
as the Commissioner of the Corporation.
(1A) The reporting authority on the work and conduct of the Commissioner shall be the
Adviser to the Administrator and reviewing and accepting authority shall be the Administrator.‖;
(ii) after second proviso to sub-section (2), add―
―Provided also that where the Commissioner holds a lien on any service under any
Government, the Administrator may at any time replace his services at the disposal of that
Government.‖;
(iii) in sub-section (3),―
(a) omit clause (a);
(b) omit ―by giving a notice of at least one month to the Corporation‖.
Section 50.―Omit ―for a term not exceeding two months‖.
Sections 65 and 66.―Omit ―ad hoc‖ wherever it occurs.
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For section 71, substitute―
“71. Appointment of certain officers.―(1) The Administrator shall appoint suitable officers to
be respectively, the Municipal Engineer, the Municipal Health Officer, the Municipal Chief
Accountant, the Municipal Secretary and the Municipal Chief Auditor and may appoint one or more
Assistant Commissioners and such other officer or officers of a status equivalent to or higher than the
status of any of the officers specified earlier in this sub-section as the Administrator may deem fit on
such monthly salaries and allowances, if any, as may be fixed by the Administrator.
(2) The Municipal Chief Auditor shall not be eligible for any office under the Corporation after
he has ceased to hold his office.
71A. Schedule of permanent posts and creation of temporary posts.―(1) The Commissioner
shall, from time to time, prepare and lay before the Corporation two Schedules of posts other than
those specified in section 71 setting forth the designations and grades of municipal officers and other
municipal employees who should be maintained permanently in the service of the Corporation
indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and
other employees.
(2) Of the two Schedules referred to in sub-section (1), the first Schedule shall deal with
category ‗A‘ posts and the Second Schedule with other posts.
(3) The Corporation may sanction the two Schedules either without modifications or with such
modifications as it thinks fit and thereafter may amend them if it thinks it necessary. Such sanction or
amendment shall be subject to the approval of the Administrator.
(4) The Commissioner may create for a period not exceeding six months any group ‗B‘, ‗C‘
and ‗D‘ posts.
71B. Power to make appointments.―(1) Subject to the provisions of section 71, the power of
appointing municipal officers and other municipal employees whether temporarily or permanent shall
vest in the Commissioner.
(2) The claims of the members of the Scheduled Castes and backward classes of citizens shall be
taken into consideration consistently with the maintenance of efficiency of administration, in the
making of appointment of municipal officers and other municipal employees.
71C. Recruitment.―(1) Notwithstanding anything contained in section 71B, the direct
recruitment to various posts may be made by the Administrator through such agencies as may be
prescribed by him.‖.
Section 75.―In clause (b), for ―sub-section (7) of section 71‖, substitute―
―the Schedules referred to in section 71A‖.
After section 84, insert―
―84A. The Finance Commission.―(1) The Finance Commission constituted under section 107A
of the Delhi Municipal Corporation Act, 1957 (66 of 1957) shall also be responsible, for the purposes
of this Act, to review the financial position of the Corporation and to make recommendations to the
Administrator as to―
(a) the principles which should govern,―
(i) the determination of taxes, duties, tolls and fees which may be assigned to, or
appropriated by, the Corporation;
(ii) the grant-in-aid to the Corporation from the Consolidated Fund of India;
(b) the measures needed to improve the financial position of the Corporation;
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(c) any other matter referred to the Finance Commission by the Administrator in the interest
of sound functioning of the Corporation.
(2) The Commission shall determine their procedure and shall have such powers in the
performance of their functions as may be prescribed.
(3) The Administrator shall cause every recommendation made by the Commission under this
section together with an explanatory memorandum as to the action taken thereon to be laid before
each House of Parliament.‖.
Section 87,―
(a) in sub-section (3), in clause (b), in the proviso, for ―five hundred rupees‖, substitute ―ten
thousand rupees‖;
(b) in sub-section (4), for ―five thousand rupees‖, substitute ―one lakh rupees‖.
Section 90,―
1
[(a) in sub-section (1),—
(i) clauses (b) and (c) shall be omitted;
(ii) in clause (e), the word ―and‖ occurring at the end, shall be
omitted;
(iii) after clause (f), the following clause shall be inserted, namely:—
―(g) a tax on entertainments and amusements.‖ ];
2
[(b) in sub-section (6),—
(i) after the words and figures ―Punjab Motor Vehicles Taxation
Act, 1924, the words ―as applicable to the Union territory ofChandigarh‖,
shall be inserted;
(ii) clauses (d) and (e) shall be omitted.].
Omit sections 113 to 117 (both inclusive).
After section 126, insert―
―126A. Prior approval of the Chief Administrator.―Notwithstanding anything contained in
sections 122 to 125, every permission given by the Commissioner shall be subject to the prior
approval of the Chief Administrator appointed under clause (e) of section 2 of the Capital of Punjab
(Development and Regulation) Act, 1952, (Punjab Act XXVII of 1952) and subject to such
conditions as the Chief Administrator may impose in this behalf.‖.
Omit section 127
Section 152.―In the proviso to sub-section (1), for ―one thousand rupees‖, substitute ―ten thousand
rupees‖.
Section 174.―Omit clause (c).
Section 225.―Omit sub-section (2).
Omit sections 226 to 275 (both inclusive).
Omit sections 286 to 312 (both inclusive).
Omit sections 343 to 346 (both inclusive).
1. Subs. by Act 31 of 2017, s. 2, for clause (a) (w.e.f. 1-7-2017).
2. Subs. by s. 2, ibid., for clause (b) (w.e.f. 1-7-2017).
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Section 397.―For sub-section (2), substitute―
―(2) Every rule, regulation or bye-law made under this Act shall be laid as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period of thirty days which
may be comprised in one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule, regulation or bye-law or both the Houses agree that the rule,
bye-law or regulation should not be made, the rule, bye-law or regulation shall thereafter have effect
only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done
under that rule, regulation or bye-law.‖.
Section 399.―In sub-section (1), omit Parts B, C and D.
For section 407, substitute―
“407. Dissolution of Corporation.―(1) If, in the opinion of the Government, the Corporation is
not competent to perform its duties or persistently makes default in the performance of duties
imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses
any of its powers, the Government may, by an order published, alongwith the reasons therefor, in the
Official Gazette, dissolve such Corporation:
Provided that the Corporation shall be given a reasonable opportunity of being heard before its
dissolution.
(2) When the Corporation is dissolved under sub-section (1),―
(i) all Councillors of the Corporation shall vacate their offices forthwith;
(ii) all powers and duties of the Corporation during its dissolution shall be exercised and
performed by such persons or authority as the Government may, by notification, appoint in this
behalf; and
(iii) all property in possession of the Corporation shall be held by the Government.
(3) Upon dissolution of the Corporation under sub-section (1), the Government shall
reconstitute the Corporation as specified under sub-section (1) of section 4, and election to
reconstitute such Corporation shall be completed before the expiration of a period of six months
from the date of dissolution:
Provided that where the remainder of the period for which the dissolved Corporation would
have continued, is less than six months, it shall not be necessary to hold any election under this
sub-section for reconstituting the Corporation for such period.
(4) The Corporation reconstituted upon the dissolution of the existing Corporation before the
expiration of its duration, shall continue only for the remainder of the period for which the
dissolved Corporation would have continued under section 7 had it not been so dissolved.‖.
After section 407, insert―
―407A. Appointment of a person to carry out the work of Corporation in certain
cases.―(1) All powers and duties of the Corporation may, till it remains dissolved and is
reconstituted shall be exercised and performed by such persons or authority as the Government may
appoint in this behalf.
(2) All properties vested in the Corporation shall till the Corporation remains dissolved and is
reconstituted shall vest in and devolve upon the Government.‖.
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After section 424, insert―
“424A. Application of the Capital of Punjab (Development and Regulation) Act, 1952 and
the Punjab New Capital (Periphery) Control Act, 1952.―Notwithstanding anything contained in
this Act, the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab
Act XXVII of 1952) and of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of
1952) and the rules, regulations, bye-laws, notifications, orders, scheme, form or notice, made
thereunder shall continue to be applicable in relation to the development and regulation of the Union
territory of Chandigarh as immediately before the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994.‖.
After section 428, insert―
‗428A. Special provision as to transferred functions.―(1) In this section ―transferred
functions‖ means such functions of the administration which on the commencement of the Punjab
Municipal Corporation Law (Extension to Chandigarh) Act, 1994, become the functions of the
Corporation.
(2) On and from the commencement of the Punjab Municipal Corporation Law (Extension to
Chandigarh) Act, 1994,―
(a) all stores, articles and other movable properties belonging to the administration
immediately before the specified date and utilised for or in connection with the transferred
functions shall pass to and vest in the Corporation;
(b) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or
issued or any licence or permission granted by the administration immediately before such
specified date in connection with the transferred functions shall continue in force and be deemed
to have been made, issued or granted by the Corporation unless and until they are superseded by
any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any
licence or permission granted by the Corporation;
(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and
things engaged to be done by, with or for the administration immediately before such specified
date for or in connection with the transferred functions shall be deemed to have been incurred,
entered into, engaged to be done by, with or for, the Corporation;
(d) all assessments, valuations, measurements or divisions made by the administration
immediately before such commencement or in connection with the transferred functions shall
continue in force and be deemed to have been made by the Corporation unless and until they are
superseded by any assessment, valuation, measurement or division made by the Corporation;
(e) all rates, taxes, fees, rents and other sums of money due to the administration in relation to
the transferred functions immediately before such commencement shall be deemed to be due to
the Corporation;
(f) all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions
shall, unless and until they are carried by the Corporation continue to be levied at the same rate at
which they are being levied by the administration immediately before such commencement;
(g) all suits and transactions and other legal proceedings instituted or which might have been
instituted by or against the administration immediately before such commencement for any matter
in relation to the transferred functions may be continued or instituted by or against the
Corporation;
(h) every officer and other employee serving under the administration immediately before
such commencement in connection with the transferred functions shall be transferred to and
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become an officer or other employee of the Corporation with such designation as the Corporation
may determine and hold office by the same tenure and at the same remuneration and on the same
terms and conditions of service as he would have held the same if the Corporation had not been
established and shall continue to do so unless and until such tenure, remuneration and terms and
conditions are duly altered by the Corporation:
Provided that the tenure, remuneration and terms and conditions of service of any such officer or
other employee shall not be altered to the disadvantage without the previous sanction of the
Administrator:
Provided further that the Corporation may employ any such officer or employee in the discharge
of such functions as it may think proper and every such officer or other employee shall discharge
those functions accordingly.
(3) As soon as may be after the commencement of the Punjab Municipal Corporation Law
(Extension to Chandigarh) Act, 1994, the Administrator shall decide,―
(a) which stores, articles and other movable properties referred to in clause (a) of
sub-section (2) have been utilised by the administration for or in connection with the transferred
functions;
(b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (c)
of the said sub-section have been incurred, entered into, or engaged to be done by, with or for the
administration or in connection with the transferred functions;
(c) which officers and other employees referred to in clause (h) of that sub-section served
under the administration in connection with the transferred functions.‘.
Omit section 431.
Omit Schedule I.
Third Schedule.―Omit ―sections 258, 259 (1), 260 (1), 263 (4), 265, 266 (1) and (2), 268, 269, 270,
271, 272 (1) and (2), 273 (1), (2) and (3) and section 274 (1), and the entries there against in the second,
third and fourth columns‖.
AMENDMENT OF THE CAPITAL OF PUNJAB (DEVELOPMENT AND REGULATION) ACT, 1952
(PUNJAB ACT No. XXVII OF 1952)
For section 7A, substitute―
“7A. Power to apply certain provisions of Punjab Act 42 of 1976 to Chandigarh.―(1) The
Chief Administrator may, from time to time by notification in the Official Gazette, and with the
previous approval of the Administrator of the Union territory of Chandigarh, apply to Chandigarh or
any 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 the Punjab Municipal Corporation
Act, 1976 (Punjab Act 42 of 1976), in so far as such provisions are applicable to Chandigarh.
(2) While exercising the powers or performing the functions under the provisions of the Punjab
Municipal Corporation Act, 1976 (Punjab Act 42 of 1976) applied to Chandigarh by a notification
under sub-section (1), the Chief Administrator shall be subject to the control of the Administrator and
not to that of the Commissioner or Deputy Commissioner.
(3) Notwithstanding the substitution of section 7A of the Capital of Punjab (Development and
Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall
not―
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(a) affect the previous operation of the substituted section or anything duly done or suffered
thereunder; or
(b) affect any right, privilege, obligation or liability acquired accured or incurred under the
substituted section; or
(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed
against substituted section; affect any investigation, legal proceedings or remedy in respect of any
such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any
such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any
such privilege, forfeiture or punishment may be imposed as if this substitution has not been made.‖.