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Chandigarh · 1953 · Bare Act
The Punjab Local Authorities Laws (Exercise of Power) Act, 1953
1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 495
(EXERCISE OF POWERS)
'THE PUNJAB LOCAL AUTHORITIES LAWS
(EXERCISE OF POWERS) ACT, 1953
Punias Act No. XXXIV or 1953
[Received the assent of the Governor of Punjab on the
28th October, 1953 and was first published in the
Punjab Government Gazette (Extraordinary),
dated the 2nd November, 1953.]
An Act to provide for the performance of the functions
of a Commissioner under certain laws.
It is hereby enacted as follows :—
1. (1) This Act may be ciled as the Punjab Local Authorities Shon sile,
Laws (Exercise of Powers} Act, 1953. extent and
(2) 1t shail extend to the whole of the State of Haryana. f:e'::lmcc-
(3) Itshall come into force at once in the principal territories
and on the 27th January, 1959, in the transferred (errilories.
2. All the powers, functions, or duties of the Commissioner, Performance
under the provisions referred to in Schedule I and Schednle IT of this of the func-
Act, shall be exercised, performed or discharged, as the case may b, tions of the
by the State Government and the Deputy Commissioner, respectively; Em:l'::fm"”
and the enactments referred to therein shall be deemed lo have been az[homy_
amended accordingly.
3. Ip rclation to the enactments referred to in column T of Amendment of
Schedule 111 of this Act, the provisions referred to in column 2 thergof certin Acts.
shall be deemed to have been amended to the extent and in the manner
indicated in column 3 thereof. '
4. The State Government shall be compctent to delegate any Deligation.
power, duty or function devolving upon itself as a result of this Act, to
any Officer or other authority, to the extent as it may specify by a
notification in this behalf.
4A. The State Government may, by general or special order,
notified in the Official Gazette, authorise any officer or authority to
exercise, perform or discharge all or any of the powers, functions or
duties of the Deputy Commissioner under the provisions of this Act or
I. For Statement of Objects and Reasons, see Punjab Goverament Gazetre
(Extraordinary), dated 26th August, 1953, page 1496.
Removal of
difficulties.
Saving of
pending
proceedings.
Repeal of
Punjab
Ordinance No.
Tof 1953,
496 LOCAL AUTHORITIES Laws [1933 : Ph. Act 34
(EXERCISE OF POWERS)
enactments referred to in Schedule I and Schedule II of this Act (other
than the Punjab District Boards Act, 1883), in such area and subject to
such extent or restrictions as it may specify in such order.
5. If any difficulty arises in giving effect to the provisions of
any of the enactments specified in the Schedules of this Act or any rule
made thereunder, the State Government shall be competent to issue
necessary instructions by means of a general or special order for the
purposes of removing the same.
6. The provisions of this Act shall not affect the validily of any
action taken or anything done by the Commissioner under any of the
provisions of the enactments specified in the Schedules of this Act, before
the commencement of this Act and anything done or any action laken
shall be deemecd to have been done or taken under the provisions of
this Act as if this Act was in force at the time when such thing was
done or such action taken.
7. The Punjab Local Authorities Laws (Exercise of Powers)
Ordinance, 1953, is hereby repealed but notwithstanding such repeal,
anything done or any action taken in the exercise of any powers
conferred by or under the said Ordinance shall so far as it is not
inconsistent with the provisions of this Act, be deemed to have been
done or taken in the cxcrcisc of the powers conferied by or under this
Act as if this Act was in force on the day on which such thing was done
or action was taken.
SCHEDULE 1
(Vide section 2 of the Act)
Sections of the Punjab District Boards Act, 1883.
Sub-section (2) of section 27, sub-section (2) of section 36, sub-
sections (5} and (6) of section 39, and sub-section (3) of section 54.
Sections of the Punjab Municipal Act, 1911.
Sub-section (3) of section 38, sub-section (2} of seciion S0, sub-
section (2}, of section 52, sections 84, 154-C and 187, section 235 and
sub-section (3) of section 239.
1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 497
(EXERCISE OF POWERS)
Sections of the Punjab Small Towns Act, 1921,
Section 4, sub-section (. T ) of section 9, sub-section (2) of section
17, sections 33, 34, 36 and 37, sub-section (3} of section 38-C, and
sub-section (2) of section 48-A.
SCHEDULE I
(Vide section 2 of the Act)
Sections of the Punjab District Boards Aci, 1883.
Section 13, sub-sections (1} and (2) of section 47, section 48 and
sub-section (1) of section 62.
Secrions of the Punjab Municipal Act, 1911.
Sub-section (8) of section 3, section 24, sub-section (2) of section
32, sections 42 and 48, sub-section (2) of section 54, section 55, sub-
sections {6) and {7) of section 62, section 83, sub-section (3) of section
121, section 192. Explanation under sub-section (7-A) of section 193,
sub-sectior (5) of section 229, and sub-sections (1} and (2) of section
234,
Sections of the Punjab Small Towns Act, 1921.
Sub-section (2} of section 6-A, clause (m) of section 35, sub-
section (2) of section 41, and section 42.
498 LOCAL AUTHORITIES LAWS [1953: Pb, Act 34
(EXERCISE OF POWERS)
THE PUNJAB MUNICIPAL (EXECUTIVE OFFICER) ACT,
1931
Entry 12 in Schedule II
SCHEDULE Il
{Vide Section 3 of the Act)
Title of the Act Section How amended
The Punjab District
Boards Act, 1883
{Act XX of 1883)
The Punjab District
Boards Act, 1883
(Act XX of
1383)—conid.
20-A
37(2) (&
38
39 (5)
39
41 {2)
44 (1)
44(2)
45
For the words “Section 5 of the
Punjab Village Panchayat Act, 1921,”
the words “the Punjab Gram Panchayat
Act, 19527 shall be subslituted.
The words “the Commissioner and
subject to the cantrol of” shall be
omitted.
The words “the Commissioner or
Commissioners of the division or
divisions or when the districts are in
different divisions and the Com-
missioncrs cannot agree” shatl be
omitted.
For the words “Commissioner of the
Division” the words “State Govern-
ment™ and for the word “he” wherever
it occurs, after the words “concurs in
the objection” the word “it” shall be
substituted.
Shall be omitted.
For the words “and Commissioner”™ the
words “and the State Governmem™ shall
be substilmed and the words “‘or when
the Deputy Commissioner is a member
of the District Bourd the Com
missioner” shall be emitted.
The words “Commissioner of the
Division or the” the words “division o™
and the word “respectively™ shall be
omitted.
Shail be omined.
The words “Commissioner of the
Division or the™ the words “division or”
and the word “respectively” shall be
omitted.
1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 499
(EXERCISE OF POWERS)
Title of the Act Section How amended
The Punjab District
Board Act, 1883
(Act XX of
1883)—conid.
48
49
50 (1)
50 (3)
54 (1) ()
34 (D@
55 (1) (p)
55-A
The words “with the powers of a Deputy
Commissioner™ shall be omitled.
For the words “when the Commissioner
makes any order ender section 45 or
section 47 he shall forthwith forward
- 1o the State Government and when the
Deputy Commissioner makes any order
urder section 45 or section 19-B or an
afficer empowered under section 48
makes any order under section 19-B or
section 47, he shalt forthwith forward
to the Commissioner”. the words “‘when
the Deputy Commissioner makes any
order under sections 19-B, 44, 45 or 47
he shall forthwith forward to the State
Government ar when an officer em-
powered under section 48 makes any
order under sections 19-B, 44 or 47 he
shall forthwith forward to the Deputy
Commissioner” shall be substituted.
The words “Commissioners and™ shall
be omitted.
The words “Commissioner of the
Division and the” shall be omitied, and
for the ward “their” the word “nis” and
for the word “them™ the word “him™
shall be respectively substituted.
Shall be omited. -
For the word “divisions™ (he word
“disteicts” shall be substituted and the
words “and the Commissioners of those
Divisions cannot agree” shall be
omilted.
The words “Commisstonecs and” shall
be omitted.
For the words “Commissioner
appointed to hold an inquiry into an
election by he provisions of Part II of
the Indian Election Offences Inquiries
Act, 1920” the wards “an Cleciion
500 LOCAL AUTHORITIES LAWS [1953 : Pbh. Act 34
(EXERCISE OF POWERS)
Title of the Act Section How amended
The Punjab District
Boards Act, 1883
(Act XX of
1883)—contd.
The Punjab Municipal
Act, 1911 {Punjab
Act II of 1911)
55-A
64 (1)
3 (4b)
16 (2)
20 (1)
Proviso lo
section
20 ()
32 (3)
33
38 ()
30 ()
50 (2)
Tribunal appointed to hold an inquiry
into an eleclion under the provisions of
the Representation of the People Act,
1951, shali be substituied.
The words “Commissioner and”
and the words "“and Commis-
sioners shall have and exercise over
Deputy Commissioners” shall be
omitled.
Shall be omilted.
After the words “State Government” the
waords “or the Deputy Commissioner”
shall be inserted.
The words “in the case of a first class
commillec or by the Commissioner in
the case of o second class committee”
shall be omitted.
The words “or the Commissianer” and
“the words “or the Commissiuner as the
case my be” wherever they occur, and
the words “or he” shall be omitted.
The words “within the Division of the
Commissioner™ shall be omitted.
The words “in the case of committees
of the first class and the Commissioner
in the case of those of the second class™
shail be omitted.
The words “in the case of a
Municipality of the first elass and of
the Commissioner in the case of a
Municipality of the second class™ shall
be omitted.
The words “or if the Deputly Com
missioner is 2 member of the Municipal
Committee by the Commissioner” and
the words “or Commissianer as the case
may be” shall be omitted.
The words “from the order of the
Deputy Commissicner, or, if the order
has been passed by the Commissioner,
to the State Government” shall be
omitted.
1953 : Pb. Act34] LOCAL AUTHORITIES LAWS 501
(EXERCISE OF POWERS)
Title of the Act | Section How amended
The Punjab Muni- 154-C (B For the words “Commissioner of the
cipal Act, 1911 Division” the words “Stale
(Punjab Act III Government™ shall be substituted.
of 1911)-contd. 154-C (4) The words “or the Commissioner” and
the words “or the Commissioner, as the
case may be” and last proviso shail be
omitted; and for the word “him™ the
word “it" shall be substituted.
193 The words “the Commissioner or"”
wherever occurring except in lthe
Explanation under sub-section
(1-a) shall be omitted.
225 (1) The words “10 the Commissioner in the
case of a Comminee of a first class
Municipality or” and the words “in the
case of a commitice of a second class
municipality and the proviso" shall be
omilted.
231 () The words “Commissioner or the" and
the words “within their respective
charges™ shall be omitted and for the _
words “the Commissioner in the case |
of municipalties of the first class or the
Depuly Commissioner in the case of
municipalities of the second class™ the
word “him" shall be substituted.
231 (2) The words “Commissioner or the” shall
be omitted.
232 The words “‘Commissioner or” shall be
omitted.
234 (1) ‘The words “of the first class” shall be
omitted.
234 (3) Shall be omitted.
235 The words “and when the Commis-
sioner makes any order under section
232 ac section 234, he shali forwthwith
forward to the State Government” and
the words “‘the Commissioner or” and
the words “as the case may be"” shall be
omitted.
502 LOCAL AUTHORITIES LAWS [1953 : Pb. Act 34
(EXERCISE OF POWERS)
Title of the Act Section How amended
The Punjab Muni- 236 (1) The words “and the Commissioners"
cipal Act, 1911 shall be omitted.
a;";?;'b AchII of 236 (2) The words “"Commissioner o shall be
1910 —conrd. omitted.
236 () The words “Commissioner of the
Division, and the” shall be omitted and
for the word “their™, the word “his” and
for the word “them™, the word “him”
shall be respectively substituted.
237 The words “and the Commissioner shall
exercisc over the Deputy Commis-
sioner” shall be omitted.
239 (1) (b} Shall be omitted.
239 (1) (c) For the word “Division" the word
The Punjab Small
Towns Act, 192]
{Punjab Act No.
It of 1922).
240(1) (w)
240 (2) (i)
256
4@3)
4@
4(6)
“Districts” shall be substituted and for
the words “and the Commissioners of
those Divisions cannat agree™ shall be
omitted.
The words “Commissioner and” shall
be omitted.
The waords “in the case of a
Municipality of the first class or of the
Commissioner in the case of a
Municipality of the secord class” shall
be amitled.
The words “in the case of an election
held in a municipality of the first class
and the Commissioner in any other
case” and in the proviso the words
“Commissioner or the” shall be
omitted.
The wards “or by the Commissioner”
shall be omitted.
In sub-section (3) for the words “The
appointmenl” the words “The nomi
nation of advisers” shall be sub-
stituted.
The wards “appoiniment and™ shall be
omitted.,
Shall be omitted.
1953 : Pb. Act 34] LOCAL AUTHORITIES LAWS 503
(EXERCISE OF POWERS)
Title of the Act Seclion How amended
The Punjab small
Towns Act, 1921
(Punjab Act No. I
of 1922}-—contd.
4-A
Proviso (i) o
section 4-A
Proviso (ii) 1o
seclion 4-A
Proviso (iii)
to section 4-A
6 (1)
6(2)
6 (3)
Proviso 10
section 6 (3)
8
9
9 (3)
34
36 (1)
The words “or appointed” shall be
omitted.
The words “or appointment as the case
may be"” shall be omitted.
“w
The words “or in the case of such
invalid appointment, the Commissioner
shall appoint another person in the
manner prescribed in sub-section (2) of
section 4 and in such case the proviso
(0 sub-section (2) of section 4 shall not
apply™ shall be omitted.
The words “or appointment” wherever
occuring shall be omitted.
For sub-section (1), the following shall
be substituted, namely —
*(1) The term of office of ex-officio
advisers shall, unless the State Govern-
ment otherwise direcls, be coterminous
with the terms of office by virtue of
which they are appointed.”
The words “all other” shall be omitted.
The words “appointment or™ shall be
omitted.
The words “or appointment” shall be
omitted,
The wards “'by appointment or” and the
words “appointed or” whercver occur-
ring, shall be omitied.
The proviso shall be emitted.
The words “nominated or” shall be
omitted.
The words "of the Division™ shall be
omitted.
For the word “through” the word “to”
shall be substituted and the words *'to
the Commissioner” shall be omitted.
504 LOCAL AUTHORITIES Laws [1953 : Pb. Act 34
(EXERCISE OF POWERS)
Title of the Act Section How amended
The Punjab smali
Towns Act, 1921
(Punjab Act No, I
of 1922y—contd.
The Punjab Muni-
cipal (Executive
Officer) Act, 1931
(Punjab Acit No, I
of 1931)
38-C (3)
38-C (4)
Praviso (o
section 38-
C
47
S1(D @)
52
10
The words “of the Division”shall be
omitted.
The words “or the Commissiones™ shall
be omitted.
The words “by the Commissioner™ and
“to him” and the words “or the Com-
missioner as the case may be" shall be
omitted and in the last proviso for the
words "Commissioner to do so” the
words Deputy Commissioner to
decide the appeal, if pending before
him™ shall be substituted.
The words “Commissioner or™ shall be
omitied.
The words “appointment or” shall be
omitted.
For the words “Commissioners appoin-
ted to hold an enquiry into an election
by the provisons of Part I1 of the Indian
Election Offences and Inquiries Act,
1920”7, the words “an Clection Tribunal
appointed to hold an inquiry into an
election under the provisions of the
Representation of the Peoples Act,
19517 shall be substituted.
The words “the Commissioner” shali
be omitted.
P.M. ISMAIL,
Secrelary 1o Government, Punjab,
Legistative Department.
374451 R —HGP,Chd.