The Punjab Municipal Corporation Law (Extension To Chandigarh) Act,1994 (As Passed By the Houses of Parliament)

 
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THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH)

ACT,1994 (AS PASSED BY THE HOUSES OF PARLIAMENT)

ACT NO. 45 OF 1994

[22th July 1994]

An Act to provide for the extension of the Punjab Municipal Corporation Act, 1976 to the Union territory of Chandigarh.

BE it enacted by Parliament in the Forty-fifth Year of the Republic of India as follows:--

1.

Short title and commencement.

1. Short title and commencement. (1) This Act may be called the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994.

(2) It shall be deemed to have come into force on the 24th day of May, 1994.

2.

Extension and amendments of Punjab Act 42 of 1976.

2. Extension and amendments of Punjab Act 42 of 1976. (1) The Punjab Municipal Corporation Act, 1976 is hereby extended to, and shall be in force in, the Union territory of Chandigarh.

(2) With effect from the commencement of this Act,--

(a) the references, in the Punjab Municipal Corporation Act, 1976 (Pun. Act 42 of 1976), to State, authorities, or City mentioned in column 1 of Part I of the Schedule annexed to this Act shall be construed as if references therein to State, authorities, or City respectively mentioned or referred to opposite thereto in column 2 of that Part;

2 (b) the Punjab Municipal Corporation Act, 1976 (Pun. Act 42 of 1976) shall be amended as specified in Part II of the Schedule.

3.

Repeal of Punjab Act III of 1911 and savings.

3. Repeal of Punjab Act III of 1911 and savings. (1) The Punjab Municipal Act, 1911 insofar as it applies to the Union territory of Chandigarh or any part thereof shall stand repealed on the coming into force of this Act:

Provided that the repeal shall not affect--

(a) the previous operation of the Punjab Municipal Act, 1911 (Pun. Act III of 1911) so repealed or anything duly done or suffered thereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act so repealed, or (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed:

Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form or bye-law framed, certificate obtained, permit or licence granted or registration effected) under such Act shall be deemed to have been done or taken under the corresponding provisions of the Act now extended to that Union territory, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act.

(2) In every law or notification passed or issued before the commencement of this Act in which reference is made to or to any Chapter or section or provision of the said Act hereby repealed, such references shall, so far as may be practicable, be taken to be made to the said Act or, their corresponding Chapter or section.

4.

Transitory provision.

4. Transitory provision. Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Municipal Corporation of Chandigarh until the day on which the first meeting of the Corporation is held after the commencement of this Act.

5.

Repeal of Ordinance 7 of 1994 and saving.

5. Repeal of Ordinance 7 of 1994 and saving. (1) The Punjab Municipal Corporation Law (Extension to Chandigarh) Ordinance, 1994 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.

3 SCHE

THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 THE SCHEDULE

(See section 2)

THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (PUNJAB ACT 42 OF 1976)

PART I

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References Constructions

[See footnote 1 for this section]

(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;';

(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;';

5 (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;';

(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--

The application of certain definitions of the Capital of Punjab (Development and Regulation) Act, 1952.

"2A. 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--

Declaration of area to be municipal area.

"3. (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 6

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 municipal administration.".

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--

Reservation of seats for women, Scheduled Castes and backward classes.

"6. (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...

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