The Punjab Municipal (Executive Officers) Act, 1931

PUNJAB MUNICIPAL
 (EXECUTIVE [1931: Pb. Act 2. 209

OFFICER)

THE PUNJAB MUNICIPAL (EXECU
TIVE OFFICER)

ACT, 1931

(PUNJAB ACT No. 2 OF 1931)

CONTENTS

SECTIONS

1. Short title, extent and commenceme
nt.

2. Definitions.

3. Appointment and pay of the Executive Officer.

4. Powers of the Executive Officer.

5. Executive Officer to have powers of Secretary.

6. Contracts.

7. Delegation of powers by the Execu
tive Officer.

8. Preparation of Budget.

9. Attendance of meetings.

10. Control by Government.

11. Power of State Government to make rules.

SCHEDULES-

Schedule I.

Schedule II.



1931: Pb. Act 2.] PUNJAB MUNICIPAL (EXECUTIVE 211

OFFICER)

THE PUNJAB MUNICIPAL (EXECUTIVE OFFICER)

ACT, 1931

PUNJAB ACT No. 2 OF 1931

[Received the assent of His Excellency the Governor on the

2nd July, 1931, and that of His Excellency the Viceroy

and Governor-General on the 2nd September
, 1931,

and was first published in the PUNJAB GAZETTE, EXTRA-

ORDINARY, of the 18th September, 1931.]
31

Year No. Short title

1931 2 The Punjab (Execu-
tive Officer) Act,
1931

Whether repealed or otherwise

affected by legislation

Amended by Puniab Act 2 of 1934

Amended by Government of India (Adap
tation of Indian Laws) Order, 1937

Amended by East Punjab Act, 18 of 1948

Amendea by the Indian Independence
(Adaptation of Bengal and Punjab Acts)
Order. 1948 (G.G.O. 40,

Amended by Punjab Act 12 of 1950

Amended by the Adaptation of Laws
Order, 1950

Amended by the Adaptation of Laws
(Third Amendment) Order, 1951

Amended by Punjab Act 34 of 1953

Adapted by Punjab Adaptation of Laws
(Concurrent Subjects) Order ,1968.

For Statement of Objects and Reasons, see Punjab Guzette, Extraordina y, 193

dated 24th February, 1931, ard for Report of the Select Committee, see ibid 19331
Part V. Pages 4-10: for Proceedings in Council see the Puniab Legislati'e Courc

Debates, Volume XVIII, pages 275-99, 59--605, 687-701, 781-88:, Volume XIX

pages 42-75, 91-119, 121-40, 143-53, 201— 35, 346-68.

For Statenment of Objecis and Reasons, see Puniab Gazette, 1934, Extraordinary.

page 8, and for Proceeding in Council, cee the Punjab Legislative Courcil Debates,
Volume XXIII, page 734-45, Volume XXIV, pages 212-14, 310-342: 1199-
1223: Volume XXV, page 610. The Punjab Municipal (Executive Officer), (Amend-
ment) Act (2 of 1934), came into force on 4th May, 1934- vide Punjab Government
Notification No. 14092, dated 28th April, 1934

For Statement of Objects and Reasons, et Fast Punjab Gazette, 1948, Extra-

orginary, page 177, and for Proceedings in the A sembly see East Punjab Legislative

Assembly Debates, 1948 Volume 1!, pages 874-75.

4For Statement of Objects and Reasons, see Punjab Gazette, 1950, Extraordinary,

page 166-B and for Pro-eedings in the Assembly see Punjab Legislative Assembly
Debates, 1950 Volume I, pages 20) 37- (20) 38,

For Statement of Objects ana Reasons, see Punjab Governmert Gazette (Exra-

ordinary), 1953, page 1496 for proceedings in the Assembly, see Punjab Legislative
Assembly Debates, 1953, Vol, II, Pages (2) 73-(2)80.



Preamble.

Short title, extent
and commence-

ment.

Definitions.

Appointment and
pay of the Exccu-
tive Officer.

212 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2
OFFICER)

An Act to provide for the appointment and powers of Executive
Officers in municipalities in [Punjab] and for that
purpose to amend the Punjab Municipal Act, 1911.

WHEREAS it is expedient to provide for the appointment
and powers of Executive Officers in municipalities in
[Punjab] and to amend the Punjab Municipal Act, 1911.
for that purpose; It is hereby enacted as follows:-

1. (1) This Act may be called the Punjab Municipal
(Executive Officer) Act, 1931.

(2) It may by notification be extended by the State]
Government to any municipality in Punjab.

(3) It shall come into force on such date3 as the

[State] Government may, by notification, appoint in this
behalf.

in
2. In this Act unless there is something repugnant

the subject or the context -

(a) " contract" includes a transfer of property

(b)" the committee" means the municipal com-
mittee to which the Act has been, by notifica-
tion, extended;

(c). " the Municipal Act" means the Punjab Muni-
cipal Act, 1911.

3. (1) Notwithstanding anything to the contrary
contained in section 26 and 27 of Municipal Act, the
committee, shall, by resolution to be passed by not less
than five-eighths of the total number of members consti-

tuting the committee for the time being, at the meeting
convened for the purpose of appointing an Executive

Substituted for the word "s East Punjab" by the Adaptation of Laws (Third
Ameadment) Order, 1951.

*Substituted for the word ' Provincial" by the Adaptation of Laws Order, 1950.

It care into forse or 16th O-tober, 1931,- vide Punjab Governme n Notifica'ion
No. 30693, dated 14th October, 1931, publishcd in Punjad Government Gazette, 1931
Part I-A, Page 454.



1931: Pb. Act 2] PUNJAB MUNICIPAL (EXECUTIVE
OFFICER)

213

Officer at which no other business may be transacted, ap-

point, within three months from the date of notification

issued under sub-section (2) of section 1, a person, with
the approval of the [State] Government, as Executive

Officer, for a renewable period of five years on such rate of

pay not exceeding one thousand and five hundred rupees

inclusive of all allowances, as it may deem fit :

Provided that if the appointment is renewed the maxi-

mum salary inclusive of all allowances shall not exceed

Rs 2,000.

(2) If at the meeting convened for the purpose of ap-

pointing an Executive Officer a resolution of appointment

cannot be passed through failure of any candidate to secure

the prescribed five-eighths majority, the chairman shall,
on requisition made in writing by not less than one-third
of the total number of members constituting the committee
for the time being, convene another meeting to be held
within fourteen days:

Provided always that such meeting shall be held within

three months from the date of the notification issued under

sub-section (2) of section 1.

(3) The resolution of appointment of an Executive
Officer, whether considered at an adjourned meeting or at a

meeting convened under sub-section (2), shall not be
deemed to be passed unless by the majority prescribed in
sub-section (1).

(4) If the committee fails to appoint an Executive
Officer within three months from the date of notification

issued under sub-section (2) of section 1, the [State]
Government may appoint any person as Executive Officer

of the committee for a renewable period not exceeding
five years on such rate of monthly pay not exceeding
Rs. 1,500 inclusive of all allowances as it may deem fit :

Provided that if the appointment is renewed the maxi-

mum salary inclusive of all allowances shall not exceed
Rs 2,000.

Substituted for the word" Provincial" by the Adaptation of Laws Order, 1950.



214 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2
OFFICER)

(5) When a member of the committee is appointed
Executive Officer, he shall on his appointment cease to be
a member of the committee.

(6) The remuneration of such Executive Officer shall
be payable by the committee from the municipal fund.

(7) The Executive Officer may at any time be suspend-
ed or removed from office by the 1[State] Government and
shall be so suspended or removed if at a meeting of the
committee convened to consider the question of his sus-
pension or removal not less than five-eighths of the total
number of members constituting the committee for the
time being vote in favour of his suspension or removal,
and if the Executive Offier is suspended the committee
shall appoint some person with the approval of the¹  [State]
Government to officiate as Executive Officer.

(8) Leave may be granted to the Executive Officer by
the committee, and, whenever such leave is granted for a
period exceeding one month, the committee shall appoint
some person, with the approval of [State] Government.
to officiate as Executive Officer :

Provided that if the period of leave does not exceed
one month the President or in his absence the Vice-
President shall without remuneration exercise the powers
of Executive Officer for the period of such leave.

(9) Whenever an Executive Officer dies, resigns or is
removed the committee shall, within three months of his
death, resignation or removal, appoint another person to
be Executive Officer in the manner provided in sub-sections
(1) to (3), and if the committee fails to appoint such a
person within such period the 1[State] Government may
appoint such a person in the manner provided in sub-
section (4):

Provided that the President or in his absence the
Vice-President shall, without remuneration, exercise the
powers of Executive Officer until another Executive Officer
is appointed.

Substituted for the words "Provincial" by the Adaptation of Laws Order,
1950.



1931: Pb. Act 2] PUNJAB MUNICIPAL (EXECUTIVE 215

OFFICER)

4. In a municipality in which an Executive Officer

has been appointed-

(a) the executive power for the purpose of carrying
on the administration of the municipality shall,

subject to the provisions of this Act and of any
rules made under this Act, or under the Muni-

cipal Act, vest in the Executive Officer;

(b) the powers conferred and duties imposed upon,
the functions vested in, and the objections to be
tendered and notice given to, the committee
under the sections of the Municipal Act men-
tioned in schedule I, shall not be exercised or

performed by, vested in, or be tendered or
given to the committee, but may be exercised
or shall be performed by, or shall vest in, or
shall be tendered or given to, the Executive
Officer, provided that-

(1) the power conferred by section 39 of the

Municipal Act shall not be exercised by the
Executive Officer and may be exercised by
the committee in respect of the appointment
of any officer or servant of the committee to
a post for which the monthly remuneration
exceeds [Rs 25], and in respect of the power
of removal or dismissal of any officer or

servant whose monthly remuneraton exceeds

Rs 45, provided that the Executive Officer
shall dismiss an employee if required by the
committee to do so ;

(if) the power to revise the valuation and assess-
ment conferred by section 65 of the Muni-

cipal Act and the power to amend
assessment list conferred by sub-clause
(1) of section 67 of the Municipal Act shall
be exercised by a sub-committee consisting
of the Executive Officer and two members

of the committee appointed by the
committee for the purpose.

Substituted for the words "Rs. 45 in the case of the municipality of Lahore and
Rs 25 in the case of other municipalities" by the Indian Independence (Adaptation
of Bengal and Punjab Acts) Order of 1948. (GGO 40.).

Powers of the Exe
cutive O fficer.



216 PUNJAB MUNICIPAL (EXECUTIVE [1931: Pb. Act 2.
OFFICER)

(iii) the power of the Executive Officer to with-
hold the grant of a license for any of the
trades or purposes specified in sections

121, 122 of the Municipal Act or to
withhold written permission under section

124 of the Municipal Act may by bye-law
be made subject to revision by the
Committee.

(iv) the exercise or discharge by the Executive
Officer of any power, duty, or function thus
conferred, imposed or vested in him, shall
be subject to such restrictions, limitations
and conditions as may be imposed by any
rules made by the 1[State] Government,
under the Municipal Act upon the
exercise or discharge of such power,
duty or function by the committee;

(c) the Municipal Act shall be deemed to have been
amended in the manner set forth in schedule II ;

(d) no bye-laws inconsistent with this Act shall be

made by the commitee in exercise of the powers

conferred by section 31, of the Municipal Act
and, if any such bye-laws have been made,

they shall be deemed to have been cancelled to

the extent to which they are thus inconsistent;

(e) if in any bye-law made by the committee in
exercise of the powers conferred by sections
188, 189 2[or 197] or in any rule made in
exercise of the powers conferred by section 3
of the Hackney Carriage Act, 1879, it is pro-
vided that notice shall be given to or licenses
granted by the committee, such bye-law or
rule shall be deemed to have been amended so

as to provide that subject to bye-laws made
under the Municipal Act or rules made under
this Act such notice shall be given to, or such

license granted by, the Executive Officer.

Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Substituted for "197 or 198"by Punjab Adaptation of Laws (State and
coacurrent Subjects) Order, 1968.



1931: Pb. Act 2.] PUNJAB MUNICIPAL (EXECUTIVE 
217

OFFICER)

5. The Executive Officer may exercis
e all or any of Executive Otficerto have powers

the powers conferred upon the Secretary of the committee of Secreta ry.

by the Municipal Act or by any rule or bye-law made

thereunder or under any other Act.

6. (1) Every contract to be entered into by the com- Contracts.

mittee shall be made on behalf of
 the committee by the

Executive Officer:

Provided that the Executive Officr sha
ll be bound

by any resolution of the committee fixing terms, ra
tes or

maximum prices in the particular case or an
y class of

cases.

(2) No contract affecting immoveable property or in-

volving a sum exceeding such sum as the committee may

fix shall be made by the Executiv
e Officer unless it has

been sanctioned by the committee.

(3) Every contract made by the Execu
tive Officer

shall be reported to the committee w
ithin fifteen days of

its being made.

(4) Every contract made by the Executive Officer on

behalf of the committee shall be entered into in such man-

ner and form as would bind him if it were made on his own

behalf and may in like manner and form be varied or dis-

charged:

Provided that every contract involving a sum exceed-

ing one hundred rupees or affecting immoveable p
roperty

shall be in writing and shall be sealed w
ith the common

seal of the committee.

(5) The common seal of the committee shall remain in

the custody of the Executive Officer and shall not be affixed

to any contract or other instrument
 except in the presence

of the Executive Officer who shall sign the contract in token

that the same was sealed in his presence.

(6) No contract executed otherwise than as provided

in this section shall be bi.ding n the con.mittee:

Provided that, when work is given on contract at unit

rates and the number of units is not precisely determinable,