धारा 49 · Suits against committee and its officers

No suit shall be instituted against a committee, or against any officer or servant of a committee, in respect of any act purporting to be done in its or his official capacity, until the expiration of one month next after notice in writing has been, in the case of a committee, delivered or left at its office, and in the case of an officer or servant, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff : and the plaint must contain a statement that such notice has been so delivered or left : Provided that nothing in this section shall apply to any suit instituted under Section 54 of the Specific Relief Act, 1877. 4[50. Liability of members of the committee. - (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a committee, if such loss, waste or misapplication is reported by the Examiner of Local Fund Accounts, or other audit authority empowered by the "[State] Government in this behalf to be a direct consequence of his neglect or misconduct in the performance 1. Substituted for the old sub-section by Punjab Act 3 of 1933, Section 22 2. Substituted by Punjab Act 34 of 1953, Schedule II, for "Commissioner" 3. Substituted by Punjab Act 34 of 1953, Schedule II, for "Commissioner" 4. Substituted for the old section by Punjab Act 3 of 1933, Section 23 5. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950 38 The Punjab Municipal Act, 1911, Section 50-A of his duties while a member of the committee; and he may after being given an opportunity, by notice served in the manner provided for the service of summonses in the Civil Procedure Code, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Deputy Commissioner. [- - - ] and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Deputy Commissioner [- - - ] shall proceed forthwith to recover the amount as if it were an arrear of land revenue and have it credited to the municipal fund. (2) The person against whom an order under '[sub-section] (1) is made, may within thirty days of the notification of such order appeal to the "[State Government] [- - - ] who shall appoint an officer to hear the appeal : and the appellate authority shall have the power of confirming, modifying or disallowing the surcharge : Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member : Provided further that nothing in this section shall be deemed to debar the aggrieved party from seeking a remedy in a civil court against an order made under sub-section (1). 6[(3) Nothing in this section shall apply to an associate member]. CHAPTER III-A7 Functions of the Municipalities 50-A. General powers of Municipalities. (1) Subject to the provisions of this Act and the rule, regulations and bye-laws made thereunder, the municipal administration of a smaller urban area and a transitional area shall vest in the Municipal Council and a Nagar Panchayat respectively. (2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Municipality to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit. 50-B. Powers and Authorities of Municipalities. - (1) Without prejudice to the generality of the provisions of sub-section (1) of Section 50-A, the State Government may, by notification endow the Municipalities with such powers and authorities as 1. The words "or if the Deputy Commissioner is a member of the Municipal Committee, by the Commissioner", omitted by Punjab Act 34 of 1953, Section 3 and Schedule III 2. The words "or Commissioner, as the case may be", omitted by ibid 3. Substituted for the word "Clause" by Punjab Act 1 of 1934, Section 4(i) and (ii) 4. Substituted by Punjab Act 34 of 1953, Schedule I, for "Commissioner" 5. The words "from the order of the Deputy Commissioner, or, if the order has been passed by the Commissioner, to the State Government" omitted by Punjab Act 34 of 1953, Section 3 and Schedule III 6. Sub-section (3) added by Punjab Act 10 of 1972, Section 15 7. Chapter III-A added by Act 11 of 1994 The Punjab Municipal Act, 1911, Section 51 may be necessary to enable them to function as institutions of self-government, subject to such conditions as may be specified therein, with respect to,- (i) the preparation of plans for economic development and social justice; (ii) the performance of functions and implementation of the schemes which may be entrusted to them including the following, namely :- (1) urban planning including town planning; (2) regulation of land-use and construction of building; (3) planning for economic and social development; (4) roads and bridges; (5) water supply for domestic, industrial and commercial purposes; (6) public health, sanitation conservancy and solid waste management; (7) fire services; (8) urban forestry, protection of the environment and promotion of ecological aspects; Maker ser Kommen O waste (9) safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded; (10) slum improvement and upgradation; (11) urban poverty alleviation; (12) provisions of urban amenities and facilities such as parks, gardens and playgrounds; (13) promotion of cultural, educational and aesthetic aspects; (14) burials and burial grounds, cremations, cremation grounds and electric crematoriums; (15) cattle ponds and prevention of cruelty to animals; (16) vital statistics including registration of births and deaths; (17) public amenities including street lighting, parking lots, bus stops and public conveniences; and (18) regulation of slaughter houses and tanneries. (2) Nothing contained in the provisions of this section shall be construed to divest the Municipalities of various powers and functions vested in them under various provisions of this Act, rules and bye-laws made thereunder." CHAPTER IV Municipal Fund and Property [51. Constitution of municipal fund. - There shall be formed for each municipality a municipal fund, and there shall be placed to the credit thereof- 1. Substituted for the old sections by Punjab Act 3 of 1933, Section 24 40 The Punjab Municipal Act, 1911, Section 52 (a) all sums, received by, or on behalf of the committee under this Act or otherwise "[land]; (b) the balance (if any) standing at the credit of the municipal fund of the municipality at the commencement of this Act]. [- - - - - ]