Punjab Municipal (Executive Officer) Act, 1931
No: 2 Dated: Feb, 18 1931
THE PUNJAB MUNICIPAL (EXECUTIVE OFFICER) ACT, 1931
(Punjab Act No. 2 of 1931)
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.
Preamble- 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. Short title, extent and commencement. - (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 [date] as the [State Government] may, by notification, appoint in this behalf.
2. Definitions. - In this Act unless there is something repugnant in the subject or the context.-
(a) "contract" includes a transfer of property ;
(b) "the committee" means the municipal committee to which the Act has been, by notification, extended ;
(c) "the Municipal Act" means the Punjab [Municipal Act, 1911].
3. Appointment and Pay of the Executive Officer. - (1) Notwithstanding anything to the contrary contained in sections 26 and 27 of the [Municipal Act], the Committee shall, by resolution to be passed by not less than five-eighths of the total number of members constituting the Committee for the time being, at the meeting convened for the purpose of appointing an Executive Officer at which no other business may be transacted, appoint, within three months from the date of the 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 maximum salary inclusive of all allowances shall not exceed Rs. 2,000.
(2) if at the meeting convened for the purpose of appointing 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, convence 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 maximum salary inclusive of all allowances shall not exceed Rs. 2,000.
(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 suspended or removed from the office by the State Government and shall be so suspended or removed if at a meeting of the committee convened to consider the question of his suspension 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 Officer is suspended the Committee shall appoint some person with the approval of the [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 subsections (1) to (3), and if the committee fails to appoint such a person within such period the [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.