THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT,1994 (AS PASSED BY THE HOUSES OF PARLIAMENT)

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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Chandigarh or any part thereof shall stand repealed on the coming into force of this Act: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 Act III of 1911) so repealed or anything duly done or suffered thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act so repealed, or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
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1 2.———————————————————————-

1. Punjab State

2. State of Punjab

3. Whole of Punjab State Union territory of Chandigarh

4. Whole of the State of Punjab

5. Punjab where it refers to the State of Punjab

6. Punjab Government

7. Government of Punjab

8. Government of the State Administrator of Punjab

9. State Government

10. The Government of Punjab

11. Government

12. Divisional Commissioner prescribed authority

13. Director

14. Associate councillor Councillor

15. City Chandigarh.
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PART II

Section 2,–

`(a) for clause (1), substitute–

`(1) “Administrator” means the administrator of the Union territory of Chandigarh appointed by the President under article
239 of the Constitution;

4.(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 by the Administrator by an order published in the Official Gazette, which shall not be less than one-third of the total number of seats reserved for the Scheduled
Castes.

(2) Seats shall be reserved for women, the number of such seats being determined by an order published in the Official
Gazette by the Administrator which shall not be less than one-
third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled up by direct election:

7.Provided that the seats reserved for the Scheduled Castes or for women (including those belonging to the Scheduled Castes)
shall be allotted by rotation to different wards in such a manner as the Administrator may, by Order published in the Official
Gazette in this behalf, determine.

(3) The reservation of seats under sub-section (4) of section 5 and under sub-section (1) of this section shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.

(4) The Administrator may, if he considers it necessary, by an order published in the Official Gazette, direct that such number of seats as may be specified in the order shall be reserved in favour of backward classes of citizens:

Provided that, when a backward class is deleted by an order of the Administrator, the member elected from such class shall not cease to hold office merely as a result of such deletion and shall hold office as he would have held had the deletion not been made.”.

For section 7, substitute–

Duration of the Corporation.

“7. (1) The Corporation, unless sooner dissolved under section
407, shall continue for five years from the date appointed for its first meeting and no longer.

(2) An election to constitute the Corporation shall be completed-

(a) before the expiry of its duration specified in sub-
section (1)

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the reminder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.

(3) The Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the reminder of the period for which the dissolved corporation would have continued under sub-section (1) had it not been so dissolved.”.

Section 8.–For sub-section (2), substitute–

“(2) The Administrator shall, by an order in the Official
Gazette, determine,–

(a) the number of wards; and

(b) extent of each ward.

8.(3) The Election Commission shall, by an Order in the Official
Gazette, determine the wards in which seats shall be reserved for the
Scheduled Castes, for women and the manner in which seats shall be rotated under the proviso to sub-section (2) of section 6.”.

For section 10, substitute–

Election to the Corporation.

“10. (1) The superintendence, direction and control of preparation of the electoral rolls for, and the conduct of all elections to the Corporation shall be vested in the Election
Commission appointed under section 7 of the Delhi Municipal
Corporation Act, 1957 (66 of 1957), and the Election Commission so appointed under that section shall be responsible for the functions conferred on the Election Commission under this sub-section.

(2) The Administrator shall, when so requested by the Election
Commission, make available to that Commission such staff which the
Administrator considers necessary for the discharge of the functions conferred on the Commission by sub-section (1).”.

Section 12.–In clause (a), for “twenty-five years”, substitute
“twenty-one years”.

Section 13,–

(i) in sub-section (1), after clause (1), insert–

“(m) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the
House of the People;

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(n) if he is so disqualified by or under any law made by Parliament.”;

(ii) in sub-section (2), after clause (c), insert–

“(d) a person shall not be disqualified for being nominated as a member of the Corporation on the ground that he holds office of profit for the purposes of election to the House of the People under any law for the time being in force.”.

After section 13, insert–

Decisions on questions as to disqualification of members.

“13A. (1) If any question arises as to whether a member has become subject to any disqualifications mentioned in section 13, the question shall be referred for the decision of the Administrator and his decision shall be final.”.

Section 15,–

(i) omit sub-section (2)

(ii) in sub-section (3), for “Director”, substitute
“Administrator”.

Section 16,–

(i) in sub-section (1), for “Director”, substitute
“Administrator”;

(ii) in the proviso to sub-section (1), for “four”, substitute
“six”;

(iii) in sub-section (2),–

9.(a) in the opening portion, for “Scheduled Castes”, substitute “Scheduled Castes, backward classes or for the women, as the case may be,”;

(b) after the words “Scheduled Castes” occurring at the end, add “backward classes or be a woman”.

Section 17,–

(a) omit “or co-opted” and “or co-option”;

(b) for “Director”, substitute “Election Commision”.

Section 35.–In sub-section (1), omit “other than an associated councillor”.

After section 35, insert–

Vacation of seats in case of multiple membership.

“35A. No councillor shall be a member both of the Corporation and
Parliament and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of
India, or as the case may be, in the Official Gazette whichever is later, that he has been so chosen, that persons seat in Parliament shall become vacant unless he has previously resigned his seat in the
Corporation.”.

Section 36.–For sub-section (1), substitute–

“(1) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his seat shall thereupon become vacant.

(1A) If during three successive months, a councillor is, without permission of the Corporation, absent from all meetings thereof, the
Corporation may declare his seat vacant.”.

Section 38,–

(a) for sub-sections (1), (2) and (2A), substitute–

“(1) The Corporation shall, at its first meeting in each year, elect one of its elected members to be the Chairperson to be known as the Mayor and the other two such members to be the
Senior Deputy Mayor and the Deputy Mayor of the Corporation:

Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first and the fourth year of the Corporation and in favour of a member belonging to a Scheduled Caste in the third year of the Corporation.”;

(b) after sub-section (3), insert–

“(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing one of the councillors from amongst women or members of the
Scheduled Castes, as the case may be.”;

(c) for sub-section (6), substitute–

“(6) The Mayor may obtain reports from the Commissioner on any matter connected with the municipal government of
Chandigarh.”.

10.After section 41, insert–

Wards Committees.

“41A. (1) There shall be constituted such number of Wards
Committees consisting of one or more wards, within the territorial area of the Corporation, as the Administrator may, from time to time, by order published in the Official Gazette, determine. The order shall indicate the name of the Wards Committee and also the extent of the area comprised within the jurisdiction of such Committee.

(2) Each Wards Committee shall consist of–

(a) all the councillors, elected from the wards in the territorial jurisdiction of the Committee;

(b) the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of section 4 if his name is registered as an elector within the territorial limits of the
Committee;

(c) such number of persons, as may be prescribed, to be nominated by the Administrator.

Chairperson of Wards Committee.

41B. (1) The Wards Committee shall, at its first meeting in each year, elect one of its members who is a councillor to be Chairperson:

Provided that where a Wards Committee consists of one ward only, the councillor representing that ward in the Corporation shall be the
Chairperson of that Committee.

(2) The Chairperson of the Wards Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime, he resigns his office as Chairperson.

(3) On the occurrence of any casual vacancy in the office of the
Chairperson, the Wards Committee shall, within one month of occurrence of such a vacancy, elect one of its members who is a councillor as
Chairperson:

Provided that where a vacancy has arisen on the resignation or death of the only councillor on the Committee, the Administrator may appoint any other councillor as Chairperson of the Ward Committee till election is held to fill the vacancy in due course.

Resignation of Chairperson and members of Wards Committee.

41C. (1) Any member of the Wards Committee, may resign his office by writing under his hand addressed to the Chairperson and delivered to the Commissioner; and the Chairperson may resign his office by writing under his hand addressed to the Mayor and delivered to the
Commissioner.

(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in writing referred to in that sub-
section, or if no such date is specified, from the date of its receipt by the Chairperson or the Commissioner, whichever is later.

Fuctions of Wards Committee.

41D. (1) Subject to the provisions of this Act, a Wards Committee shall exercise the powers and perform the functions as may be determined from time to time by the Corporation by resolution.

(2) When any question arises as to whether any matter falls within the purview of the Wards Committee or the Corporation, it shall be referred to the Corporation and its decision thereon shall be final.

11.Special Committees.

41E. (1) The Administrator may, by order published in the
Official Gazette constitute one or more Special Committees in addition to Wards Committees and the Committees referred to in section 42, as he thinks fit for the exercise of any power of discharge of any function which the Corporation may, by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the
Corporation may refer to them.

(2) Any such Committee may consist of one or more councillors and such other persons having special knowledge or practical experience as the Administrator may nominate representing various interests which he may think fit, such as industry, commerce, labour, literature, science, art and social services.

Constitution of District Planning Committees

41F. (1) There shall be constituted in the district, a District
Planning Committee to consolidate the plans prepared by the
Corporation and the Panchayats in the District, and to prepare a draft development plan for the district as a whole.

(2) The manner in which the seats in the District Planning
Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the Government, subject, however, to the provisions of article 243ZD of the Constitution.

(3) In preparing the draft development plan of the district, the
District Planning Committee shall have regard to–

(i) the matter of common interest between the Panchayats and
Municipalities in the district including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation; and

(ii) the extent and type of available resources whether financial or otherwise.

(4) While preparing the draft development plan of the district, the District Planning Committee shall consult such institutions and organizations as the Government may, by order, specify.

(5) The Chairperson of District Planning Committee shall forward the draft development plan as recommended by such Committee to the
Government.

(6) Any matter relating to a Committee constituted under section
41A or this section, not expressly provided in this Act, the same may be provided in the rules made in this behalf.”.

12.Section 42,–

(a) omit sub-sections (1), (2), (4) and proviso to sub-
section (5)

(b) in sub-section (3), omit “a Building and”.

Section 44,–

(a) in clause (q), add at the end “except such important parks and stadia as may be specified by the Administrator by an order issued in this behalf”;

(b) after clause (t), insert–

“(ii) the preparation of plans for economic development and social justice;”.

Section 45.–In the opening portion, for “The Corporation”, substitute–

“Subject to any general or special orders of the Administrator from time to time, the Corporation”.

Section 47,–

(i) for sub-section (1), substitute–

“(1) The Administrator shall, by notification in the
Official Gazette, appoint a suitable officer as the
Commissioner of the Corporation.

(1A) The reporting authority on the work and conduct of the Commissioner shall be the Adviser to the Administrator and reviewing and accepting authority shall be the
Administrator.”;

(ii) after second proviso to sub-section (2), add–

“Provided also that where the Commissioner holds a lien on any service under any Government, the Administrator may at any time replace his services at the disposal of that
Government.”;

(iii) in sub-section (3),–

(a) omit clause (a)

(b) omit “by giving a notice of at least one month to the Corporation”.

Section 50.–Omit “for a term not exceeding two months”.

Sections 65 and 66.–Omit “ad hoc” wherever it occurs.

For section 71, substitute–

Appointment of certain officers.

“71. (1) The Administrator shall appoint suitable officers to be respectively, the Municipal Engineer, the Municipal Health Officer, the Municipal Chief Accountant, the Municipal Secretary and the
Municipal Chief Auditor and may appoint one or more Assistant
Commissioners and such other officer or officers of a status equivalent to or higher than the

13.status of any of the officers specified earlier in this sub-section as the Administrator may deem fit on such monthly salaries and allowances, if any, as may be fixed by the Administrator.

(2) The Municipal Chief Auditor shall not be eligible for any office under the Corporation after he has ceased to hold his office.

Schedule of permanent posts and creation of temporary posts.

71A. (1) The Commissioner shall, from time to time, prepare and lay before the Corporation two Schedules of posts other than those specified in section 71 setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Corporation indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees.

(2) Of the two Schedules referred to in sub-section (1), the first Schedule shall deal with category `A posts and the second
Schedule with other posts.

(3) The Corporation may sanction the two Schedules either without modifications or with such modifications as it thinks fit and thereafter may amend them if it thinks it necessary. Such sanction or amendment shall be subject to the approval of the Administrator.

(4) The Commissioner may create for a period not exceeding six months any group `B, `C and `D posts.

Power to make appointments.

71B. (1) Subject to the provisions of section 71, the power of appointing municipal officers and other municipal employees whether temporarily or permanent shall vest in the Commissioner.

(2) The claims of the members of the Scheduled Castes and backward classes of citizens shall be taken into consideration consistently with the maintenance of efficiency of administration, in the making of appointment of municipal officers and other municipal employees.

Recruitment.

71C. (1) Notwithstanding anything contained in section 71B, the direct recruitment to various posts may be made by the Administrator through such agencies as may be prescribed by him.”.

Section 75.–In clause (b), for “sub-section (7) of section 71”, substitute–

“the Schedules referred to in section 71A”.

After section 84, insert–

The Finance Commission.

“84A. (1) The Finance Commission constituted under section 107A
of the Delhi Municipal Corporation Act, 1957 (66 of 1957) shall also be responsible, for the purposes of this Act, to review the financial position of the Corporation

14.and to make recommendations to the Administrator as to–

(a) the principles which should govern,

(i) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by, the
Corporation;

(ii) the grant-in-aid to the Corporation from the
Consolidated Fund of India;

(b) the measures needed to improve the financial position of the Corporation;

(c) any other matter referred to the Finance Commission by the Administrator in the interest of sound functioning of the
Corporation.

(2) The Commission shall determine their procedure and shall have such powers in the performance of their functions as may be prescribed.

(3) The Administrator shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.”.

Section 87,–

(a) in sub-section (3), in clause (b), in the proviso, for
“five hundred rupees”, substitute “ten thousand rupees”;

(b) in sub-section (4), for “five thousand rupees”, substitute “one lakh rupees”.

Section 90,–

(a) in sub-section (1), omit clauses (b) and (c)

(b) in sub-section (6), after “Punjab Motor Vehicles
Taxation Act, 1924”, “Punjab Entertainments Duty Act, 1955” and
“Punjab Entertainments tax (Cinematograph Show) Act, 1954”, add respectively “as applicable to the Union territory of
Chandigarh”.

Omit sections 113 to 117 (both inclusive).

After section 126, insert–

Prior approval of the Chief Administrator.

“126A. Notwithstanding anything contained in sections 122 to 125, every permission given by the Commissioner shall be subject to the prior approval of the Chief Administrator appointed under clause (e)
of section 2 of the Capital of Punjab (Development and Regulation)
Act, 1952, (Punjab Act XXVII of 1952) and subject to such conditions as the Chief Administrator may impose in this behalf.”.

Omit section 127.15.Section 152.–In the proviso to sub-section (1), for “one thousand rupees”, substitute “ten thousand rupees”.

Section 174.–Omit clause (c).

Section 225.–Omit sub-section (2).

Omit sections 226 to 275 (both inclusive).

Omit sections 286 to 312 (both inclusive).

Omit sections 343 to 346 (both inclusive).

Section 397.–For sub-section (2), substitute–

“(2) Every rule, regulation or bye-law made under this Act shall be laid as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule, regulation or bye-law or both the Houses agree that the rule, bye-law or regulation should not be made, the rule, bye-law or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or bye-law.”.

Section 399.–In sub-section (1), omit Parts B, C and D.

For section 407, substitute–

Dissolution of Corporation.

“407. (1) If, in the opinion of the Government, the Corporation is not competent to perform its duties or persistently makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses any of its powers, the Government may, by an order published, along with the reasons therefor, in the Official Gazette, dissolve such Corporation:

Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.

(2) When the Corporation is dissolved under sub-section (1),–

(i) all Councillors of the Corporation shall vacate their offices forthwith;

(ii) all powers and duties of the Corporation during its dissolution shall be exercised and performed by such persons or authority as the Government may, by notification, appoint in his behalf; and

(iii) all property in possession of the Corporation shall be held by the Government:

(3) Upon dissolution of the Corporation under sub-section (1), the Government shall reconstitute the Corporation as specified under sub-section (1) of section 4, and election to reconstitute such
Corporation shall be completed before the expiration of a period of six months from the date of dissolution:

16.Provided that where the remainder of the period for which the dissolved Corporation would have continued, is less than six months, it shall not be necessary to hold any election under this sub-section for reconstituting the Corporation for such period.

(4) The Corporation reconstituted upon the dissolution of the existing Corporation before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved
Corporation would have continued under section 7 had it not been so dissolved.”.

After section 407, insert–

Appointment of a person to carry out the work of Corporation in certain cases.

“407A. (1) All powers and duties of the Corporation may, till it remains dissolved and is reconstituted shall be exercised and performed by such persons or authority as the Government may appoint in this behalf.

(2) All properties vested in the Corporation shall till the remains dissolved and is reconstituted shall vest in and devolve upon the Government.”.

After section 424, insert–

Application of the Capital of Punjab (Development and Regulation) Act,
1952 and the Punjab New Capital (Periphery) Control Act, 1952.”424A. Notwithstanding anything contained in this Act, the provisions of the Capital of Punjab (Development and Regulation) Act,
1952 (Punjab Act XXVII of 1952) and of the Punjab New Capital
(Periphery) Control Act, 1952 (Punjab Act 1 of 1952) and the rules, regulations, bye-laws, notifications, orders, scheme, form or notice, made thereunder shall continue to be applicable in relation to the development and regulation of the Union territory of Chandigarh as immediately before the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994.”.

After section 428, insert–

Special provision as to transferred functions.

`428A. (1) In this section “transferred functions” means such functions of the administration which on the commencement of the
Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, become the functions of the Corporation.

(2) On and from the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994,–

(a) all stores, articles and other movable properties belonging to the administration immediately before the specified date and utilised for or in connection with the transferred functions shall pass to and vest in the Corporation;

17.(b) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by the administration immediately before such specified date in connection with the transferred functions shall continue in force and be deemed to have been made, issued or granted by the Corporation unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted by the Corporation;

(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the administration immediately before such specified date for or in connection with the transferred functions shall be deemed to have been incurred, entered into, engaged to be done by, with or for, the Corporation;

(d) all assessents, valuations, measurements or divisions made by the administration immediately before such commencement or in connection with the transferred functions shall continue in force and be deemed to have been made by the Corporation unless and until they are superseded by any assessment, valuation, measurement or division made by the Corporation;

(e) all rates, taxes, fees, rents and other sums of money due to the administration in relation to the transferred functions immediately before such commencement shall be deemed to be due to the Corporation;

(f) all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions shall, unless and until they are carried by the Corporation continue to be levied at the same rate at which they are being levied by the administration immediately before such commencement;

(g) all suits and transactions and other legal proceedings instituted or which might have been instituted by or against the administration immediately before such commencement for any matter in relation to the transferred functions may be continued or instituted by or against the Corporation;

(h) every officer and other employee serving under the administration immediately before such commencement in connection with the transferred functions shall be transferred to and become an officer or other employee of the Corporation with such designation as the Corporation may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:

18.Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Administrator:

Provided further that the Corporation may employ any such officer or employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly.

(3) As soon as may be after the commencement of the Punjab
Municipal Corporation Law (Extension to Chandigarh) Act, 1994, the
Administrator shall decide,–

(a) which stores, articles and other movable properties referred to in clause (a) of sub-section (2) have been utilised by the administration for or in connection with the transferred functions;

(b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (c) of the said sub-
section have been incurred, entered into, or engaged to be done by, with or for the administration or in connection with the transferred functions;

(c) which officers and other employees referred to in clause
(h) of that sub-section served under the administration in connection with the transferred functions..

Omit section 431.Omit Schedule I.

Third Schedule.–Omit “sections 258, 259 (1), 260 (1), 263 (4),
265, 266 (1) and (2), 268, 269, 270, 271, 272 (1) and (2), 273 (1),
(2) and (3) and section 274(1), and the entries thereagainst in the second, third and fourth columns”.

AMENDMENT OF THE CAPITAL OF PUNJAB (DEVELOPMENT AND
REGULATION) ACT, 1952.(PUNJAB ACT No. XXVII OF 1952)

For section 7A, substitute–

Power to apply certain provisions of Punjab Act 42 of 1976 to
Chandigarh.

“7A. (1) The Chief Administrator may, from time to time by notification in the Official Gazette, and with the previous approval of the Administrator of the Union territory of Chandigarh, apply to
Chandigarh or any part thereof with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of the Punjab Municipal Corporation Act,
1976 (Punjab Act 42 of 1976), in so far as such provisions are applicable to Chandigarh.

19.(2) While exercising the powers or performing the functions under the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab
Act 42 of 1976) applied to Chandigarh by a notification under sub-
section (1), the Chief Administrator shall be subject to the control of the Administrator and not to that of the Commissioner or Deputy
Commissioner.

(3) Notwithstanding the substitution of section 7A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall not–

(a) affect the previous operation of the substituted section or anything duly done or suffered thereunder; or

(b) affect any right, privilege, obligation or liability acquired, accured or incurred under the substituted section; or

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against substituted section;
affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this substitution has not been made.”.

———-

1.Short title and commencement.

1. Short title and commencement. (1) This Apt 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 (Pun. Act 42 of 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, to State, authorities, or City mentioned in column 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 72.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

(See section 2)

THE SCHEDULE

(See section 2)

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

PART I

——————————————————————–
References Constructions
——————————————————————–
1 2.——————————————————————–

1. Punjab State

2. State of Punjab

3. Whole of Punjab State Union territory of Chandigarh

4. Whole of the State of Punjab

5. Punjab where it refers to the State of Punjab

6. Punjab Government

7. Government of Punjab

8. Government of the State Administrator of Punjab

9. State Government

10. The Government of Punjab

11. Government

12. Divisional Commissioner prescribed authority

13. Director

14. Associate councillor Councillor

15. City Chandigarh.

———————————————————————

PART II

Section 2,-

(a) for clause (1), substitute-

(1) “Administrator” means the administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Constitution;

4.(IA) “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 Chan-
digarh 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-

“2A. The application of certain definitions of the Capital of Punjab (Development and Regulation) Act, 1952. 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-

“3. Declaration of area to be municipal area. (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-

“6. Reservation of seats for women, Scheduled Castes and backward classes. (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 by the
Administrator by an, order published in the Official Gazette, which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes.

(2) Seats shall be reserved for women, the number of such seats being determined by an order published in the Official
Gazette by the Administrator which shall not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled up by direct election:

7.Provided that the seats reserved for the Scheduled Castes or for women (including those belonging to the Scheduled Castes)
shall be allotted by rotation to different wards in such a manner as the Administrator may, by Order published in the
Official Gazette in this behalf, determine.

(3) The reservation of seats under sub-section (4) of section 5 and under sub-section (1) of this section shall cease to have effect on the expiration of the period specified in article 334 of the Constitution.

(4) The Administrator may, if he considers it necessary, by an order published in the Official Gazette, direct that such number of seats as may be specified in the order shall be reserved in favour of backward classes of citizens:

Provided that, when a backward class is deleted by an order of the Administrator, the member elected from such class shall not cease to hold office merely as a result of such deletion and shall hold office as he would have held had the deletion not been made.”.

For section 7, substitute-

“7. Duration of the Corporation. (1) The Corporation, unless sooner dissolved under section 407, shall continue for five years from the date appointed for its first meeting and no longer.

(2) An election to constitute the Corporation shall be completed-

(a) before the expiry of its duration specified in sub-
section (1)

(b) before the expiration of a period of six months from the date of its dissolution:

Provided that where the reminder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.

(3) The Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the reminder of the period for which the dissolved corporation would have continued under subsection (1) had it not been so dissolved.”.

Section 8.-For sub-section (2), substitute-

“(2) The Administrator shall, by as order in the Official
Gazette, determine,-

(a) the number of wards; and

(b) extent of each ward.

8.(3) The Election Commission shall, by an Order in the
Official Gazette, determine the wards in which seats shall be reserved for the Scheduled Castes, for women and the manner in which seats shall be rotated under the proviso to sub-
section (2) of section 6.”.

For section 10, substitute-

“10. Elections to the Corporation. (1) The superintendence, direction and control of preparation of the electoral rolls for, and the conduct of all elections to the
Corporation shall be, vested in the Election Commission appointed under section 7 of the Delhi Municipal Corporation
Act, 1957, (66 of 1957.) and the Election Commission so appointed under that section shall be responsible for the functions conferred on the Election Commission under this sub-section.

(2) The Administrator shall, when so requested by the
Election Commission, make available to that Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Commission by sub-section (1).”.

Section 12.-In clause (a), for “twenty-five years”, substitute “twenty-one years”.

Section 13,-

(i) in sub-section (1), after clause (l), insert-

(m) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the
House of the People;

Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;

(n) if he is so disqualified by or under any. law made by
Parliament.”;

(ii) in sub-section (2) , after clause (c), insert-

“(d) a person shall not be disqualified for being nominated as a member of the Corporation on the ground that he holds office of profit for the purposes of election to the House of the People, under any law for the time being in force.”

After section 13, insert-

“13A. Decisions on questions as to disqualification of members. (1) If any question arises as to whether a member has become, subject to any disqualifications mentioned in section 13, the question shall be referred for the decision of the Administrator and his decision, shall be final.”.

Section 15,-

(i) omit sub-section (2)

(ii) in sub-section (3), for “Director”, substitute
“Administrator.

Section 16,–

(i) in sub-section (1), for “Director”, substitute
“Administrator”;

(ii) in the proviso to sub-section (1), for “four”, substitute “six”;

(iii) in sub-section (2),-

9.(a) in the opening portion, for “Scheduled Castes”,.
substitute Scheduled Castes, backward classes or for the women, as the case may be,”;

(b) after the words “Scheduled Castes” occurring at the end, add “backward classes or be a, woman”.

Section 17,-

(a) omit “or co-opted” and “or co-option”;

(b) for “Director substitute “Election Commission”.

Section 35.-In sub-section (1), omit “other than an associated councillor”.

After section 35, insert-

“35A. Vacation of seats in case of multiple membership. No councillor shall a member both of the Corporation and Parliament and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette whichever is later, that he has been so chosen, that persons seat in Parliament shall become vacant unless he has previously resigned his scat in the Corporation.”.

Section 36.-For sub-section (1), substitute-

“(l) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his scat shall thereupon become vacant.

(1A) If during three successive months, a councillor is, without permission of the Corporation, absent from all meetings thereof, the
Corporation may declare his seat vacant.”.

Section 38,-

(a) for sub-sections (1), (2) and (2A), substitute-

“(1) The Corporation shall, at its first meeting in each year, elect one of its elected members to be the Chairperson to be known as the Mayor and the other two such members to be the Senior Deputy Mayor and the Deputy Mayor of the
Corporation:

Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first and the fourth year of the
Corporation and in favour of a member belonging to a
Scheduled Caste in the third year of the Corporation.

(b) after sub-section (3), insert-

“(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing one of the councillors from amongst women or members of the Scheduled Castes, as the case may be.”

(c) for-sub-section (6), substitute-

“(6) The Mayor may obtain reports from the Commissioner on any matter connected with the municipal government of Chan-
digarh.

10.After section 41, insert-

“41A. Wards Committees. (1) There shall be constituted such number of Wards Committees consisting of one or more wards, within the territorial area of the Corporation, as the Administrator may, from time to time, by order published in the Official Gazette, determine.
The order shall indicate the name of the Wards Committee and also the extent of the area Comprised within the jurisdiction of such
Committee.

(2) Each Wards Committee shall consist of-

(a) all the councillors, elected from the wards in the territorial jurisdiction of the Committee;

(b) the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of section 4 if his name is registered as an elector within the territorial limits of the Committee;

(c) such number of persons, as may be prescribed, to be nominated by the Administrator.

41B. Chairperson of Wards Committee. (1) The Wards Committee shall, at its first meeting in each year, elect one of its members who is a councillor to be Chairperson:

Provided that where a Wards Committee consists of one ward only, the councillor representing that ward in the Corporation shall be the
Chairperson of that Committee.

(2) The Chairperson of the Wards Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime, he resigns his office as
Chairperson.

(3) On the occurrence of any casual vacancy in the office of the
Chairperson, the Wards Committee shall, within one month of occurrence of such a vacancy, elect one of its members who is a councillor as
Chairperson:

Provided that where a vacancy has arisen on the resignation or death of the only councillor on the Committee, the Administrator may appoint any other councillor as Chairperson of the Ward Committee till election is held to fill the vacancy in due course.

41C. Resignation of Chairperson and members of Wards Committee.
(1) Any member of the Wards Committee, may resign his office by writing under his hand addressed to the Chairperson and delivered to the Commissioner; and the Chairperson may resign his office by writing under his hand addressed to the Mayor and delivered to the Commis-
sioner.

(2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in writing referred to in that sub-
section, or if so such date is specified, from the date of its receipt by the Chairperson or the Commissioner, whichever is later.

41D. Functions of Wards Committee. (1) Subject to the provisions of this Act, a Wards Committee shall exercise the powers and perform the functions as may be determined from time to time by the
Corporation by resolution.

(2) When any question arises as to whether any Matter falls within the purview of the Wards Committee or the Corporation, it shall be referred to the Corporation and its decision thereon shall be final.

11.41E. Special Committees. (1) The Administrator may, by order published in the Official Gazette constitute one or more Special
Committees in addition to Wards Committees and the Committees referred to in section 42, as he thinks fit for the exercise of any power or discharge of any function which the Corporation may, by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.

(2) Any such Committee may consist of one or more councillors and such other persons having special knowledge or practical experience as the Administrator may nominate representing various interests which he may think fit, such as industry, commerce, labour, literature, science, art and social services.

41F. Constitution of District Planning Committees. (1) There shall be constituted in the district, a District Planning Committee to consolidate the plans prepared by the Corporation and the Panchayats in the District, and to prepare a draft development plan for the district as a whole.

(2) The manner in which the scats in the District Planning
Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committed shall be chosen, shall be as
Prescribed by the Government, subject, however, to the provisions of article 243ZD of the Constitution.

(3) In preparing the draft development plan of the district, the
District Planning Committee shall have regard to–

(i) the matter of common interest between the Panchayats and Municipalities in the district including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation; and

(ii) the extent and type of available resources whether financial or otherwise.

(4) While preparing the draft development plan of the district, the District Planning Committee shall consult such institutions and organizations as she Government may, by order, specify.

(5) The Chairperson of District Planning Committee shall forward the draft development plan as recommended by such Committee to the
Government.

(6) Any matter relating to a Committee constituted under section
41A or this section, not expressly provided in this Act, the. same may be provided in the rules made in this behalf.”

12.Section 42,-

(a) omit sub-sections (1), (2), (4) and proviso to sub-
section (5)

(b) in sub-section (3), omit “a Building and”.

Section 44,-

(a) in clause (q), add at the end “except such important parks and stadia as may be specified by the Administrator by an order issued in this behalf”;

(b) after clause (t), insert-

“(ll) the preparation of plans for economic development and social justice;”.

Section 45.-In the opening portion, for “The Corporation”, substitute–

“Subject to any general or special orders of the
Administrator from time to time, the Corporation”.

Section 47,-

(i) for sub-section (1), substitute-

“(1) The Administrator shall, by notification in the
Official Gazette, appoint a suitable officer as the
Commissioner of the Corporation.

(1A) The reporting authority on the work and conduct of the
Commissioner shall be the Adviser to the Administrator and reviewing and accepting authority shall be the
Administrator.”

(ii) after second proviso to sub-section (2), add-

“Provided also that where the Commissioner holds a lien on any service under any Government, the Administrator may at any time replace his services at the disposal of that
Government.”

(iii) in sub-section (3),-

(a) omit clause (a)

(b) omit “by giving a notice of at least one month to the
Corporation”.

Section 50.-Omit “for a term not exceeding two months”.

Sections 65 and 66.-Omit “ad hoc” Wherever it occurs.

For section 71, substitute-

“71. Appointment of certain officers. (1) The Administrator shall appoint suitable officers to be respectively, the Municipal Engineer the Municipal Health Officer, the Municipal chief Accountant the
Municipal Secretary and the Municipal Chief Auditor and may appoint one or more Assistant Commissioners and such other officer or officers of a status equivalent to or higher than the

13.status of any of the officers specified earlier in this sub-section as the Administrator may deem fit on such monthly salaries and allowances, if any, as may be fixed by the Administrator.

(2) The Municipal Chief Auditor shall not be eligible for any office under the Corporation after he has ceased to hold his office.

71A. Schedule of permanent posts and creation of temporary posts.
(1) The Commissioner shall, from time to time, prepare and lay before the Corporation two Schedules of posts other than those specified in section 71 setting. forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Corporation indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees.

(2) Of the two Schedules referred to in sub-section (1), the first Schedule shall deal with category A posts and the second
Schedule with other posts.

(3) The Corporation may sanction the two Schedules either without modifications or with such modifications as it thinks fit and thereafter may amend them, if it thinks it necessary. Such sanction or amendment shall be subject to the approval of the Administrator.

(4) The Commissioner may create for a period not exceeding six months any group B C and D posts.

71B. Power to make appointment. (1) Subject to the provisions of section 71, the power of appointing municipal officers and other municipal employees whether temporarily or permanent shall vest in the
Commissioner.

(2) The claims of the members of the Scheduled Castes and backward classes of citizens shall be taken into consideration consistently with the maintenance of efficiency of administration, in the making of appointment of municipal officers and other municipal employees.

71C. Recruitment. (1) Notwithstanding anything contained in section 71B, the direct recruitment to various posts may be made by the Administrator through such agencies as may be prescribed by him.”.

Section 75.-In clause (b), for “sub-section (7) of section 71”, substitute-

“the Schedules referred to in section 71A”.

After section 84, insert-

“84A. The Finance Commission. (1) The Finance Commission constituted under section 107A of the Delhi Municipal Corporation Act,
1957 (66 of 1957.) shall also be responsible for the purposes of this
Act, to review the financial position of the Corporation

14.and to make recommendations to the Administrator as to-

(a) the principles which should govern,

(i) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by, the
Corporation;

(ii) the grant-in-aid to the Corporation from the
Consolidated Fend of India;

(b) the measures needed to improve the financial position of the Corporation;

(c) any other matter referred to the Finance Commission by the Administrator in the interest of sound functioning of the
Corporation.

(2) The Commission shall determine their procedure and shall have such powers in the performance of their functions as may be prescribed.

(3) The Administrator shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action, taken thereon to be laid before each House of Parliament.”.

Section 87,-

(a) in sub-section (3), in clause (b), in the proviso, for
“five hundred rupees”, substitute “ten thousand rupees?;

(b) in sub-section (4), for five thousand rupees”, substitute “one lakh rupees”.

Section 90,–

(a) in sub-section (1), omit clauses (b) and (c)

(b) in sub-section (6), after “punjab Motor Vehicles
Taxation Act, 1924”, “Punjab Entertainments Duty Act, 1955”
and “Punjab Entertainments Tax (Cinematograph Show) Act,
1954”, add respectively “as applicable to the Union territory of Chandigarh”.

Omit sections 113 to 117 (both inclusive).

After section 126, insert-

“126A. Prior approval of the chief Administrator.
Notwithstanding any thing contained in sections 122 to 125, every-
permission given-by the Commissioner shall be subject to the prior approval of the Chief Administrator appointed under clause (e) of section 2 of the Capital of Punjab (Development and Regulation) Act,
1952, (Punjab Act XXVII of 1952) and subject to such conditions as the
Chief Administrator may impose in this behalf.”

Omit section 127.15.Section 152.-In the proviso to sub-section (1), for “one thousand rupees”, substitute “ten thousand rupees”.

Section 174.-Omit clause (c).

Section 225.–Omit sub-section (2).

Omit sections 226 to 275 (both inclusive).

Omit sections 286 to 312 (both inclusive).

Omit sections 343 to 346 (both inclusive).

Section 397.-For sub-section (2), substitute-

“(2) Every rule, regulation or bye-law made under this Act shall be laid as soon as may be after it is made, before each House of
Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule, regulation or bye-law or both the Houses agree that the rule, bye-law or regulation should not be made, the rule, bye-law or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule regulation or bye-law.”.

Section 399.-In sub-section (1), omit Parts B, C and D.

For section 407, substitute-

407. Dissolution of Corporation. (1) If, in the opinion of the
Government, the Corporation is not competent to perform its duties or persistently makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses any of its powers, the Government may, by an order published, along with the reasons therefor, in the Official Gazette, dissolve such Corporation:

Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.

(2) When the Corporation is dissolved under sub-section (1),-

(i) all Councillors of the Corporation shall vacate their offices forthwith;

(ii) all powers and duties of the Corporation during its dissolution shall be exercised and performed by such persons or authority as the Government may, by notification, appoint in his behalf; and

(iii) all property in possession of the Corporation shall be held by the Government.

(3) Upon dissolution of the Corporation under sub-section (1), the Government shall reconstitute the Corporation as specified under sub-section (1) of section 4, and election to reconstitute such
Corporation shall be completed before the expiration of a period of six months from the date of dissolution:

16.Provided that where the remainder of the period for which the dissolved Corporation would have continued, is less than six-months, it shall not be necessary to hold any election under this sub-section for reconstituting the Corporation for such period.

(4) The Corporation reconstituted upon the dissolution of the existing Corporation before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved
Corporation would have continued under section 7 had it not been so dissolved.”.

After section 407, insert-

“407A. Appointment of a person to carry out the work of
Corporation in certain cases. (1) All powers and duties of the
Corporation may, till it remains dissolved and is reconstituted shall be exercised and performed by such persons or authority as the
Government may appoint in this behalf.

(2) All properties vested in the Corporation shall till the
Corporation remains dissolved and is reconstituted shall vest in and devolve upon the Government.”.

After section 424, insert-

“424A. Application of the Capital of Punjab (Development and
Regulation) Act, 1952 and the Punjab New Capital (Periphery) Control
Act, 1952. Notwithstanding anything contained in this Act, the provisions of the Capital of Punjab (Development and Regulation) Act,
1952 (Punjab Act XXVII of 1952) and of the Punjab New Capital
(Periphery) Control Act, 1952 (Punjab Act 1 of 1952) and the rules, regulations, bye-laws, notifications, orders, Scheme, form or notice, made thereunder shall continue to be applicable in relation to the development and regulation of the Union territory of Chandigarh as
Immediately before the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994.”.

After section 428, insert-

428A. Special provision as to transferred functions. (1) In this section “transferred functions” means such functions of the administration which on the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994, become the functions of the Corporation.

(2) On and from the commencement of the Punjab Municipal
Corporation Law (Extension to Chandigarh) Act, 1994,-

(a) all stores, articles and other movable properties belonging to the administration immediately before the specified date and utilised for or in connection with the transferred functions shall pass to and vest in the
Corporation;

17.(b) all appointments, notifications. orders. schemes.
rules, forms, notices or bye-laws made or issued or any licence or permission granted by the administration immediately before such specified date in connection with the transferred functions shall continue in force and be deemed to have been made. issued or granted by the Corporation unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted by the
Corporation;

(c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the administration immediately before such specified date for or in connection with the transferred functions shall be deemed to have been incurred.
entered into, engaged to be done by, with or for, the
Corporation;

(d) all assessments,, valuations, measurements or divisions made by the administration immediately before such commencement or in connection with the transferred functions shall continue in force and be deemed; to have been made by the Corporation unless and until they are superseded by any assessment, valuation, measurement or division made by the
Corporation;

(e) all rates, taxes, fees, rents and other sums of money due to the administration in relation to the transferred functions immediately before such commencement shall be deemed to be due to the Corporation;

(f) all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions shall, unless and until they are carried by the Corporation continue to be levied at the same rate at which they are being levied by the administration immediately before such commencement;

(g) all suits and it transactions and other legal
Proceedings instituted or which might have been instituted by or against the administration immediately before such commencement for any, matter in relation to the transferred functions may be continued or instituted by or against the
Corporation;

(h) every officer and other employee serving under the administration immediately before such commencement in connection with the transferred functions shall be transferred to and become an-officer or other employee of the
Corporation with such designation as the Corporation may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation:

18.Provided that. the tenure remuneration and terms and condi-
tions of service of any such officer or other employee shall not be altered to his disadvantage without the previous sanction of the Administrator:

Provided further that the Corporation may employ any such officer or employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly.

(3) As soon as may be after the commencement of the Punjab
Municipal Corporation Law (Extension to Chandigarh) Act,
1994, the Administrator shall decide,-

(a) which stores, articles and other movable properties referred to in clause (a) of sub-section (2) have been, utilised by the administration for or in connection with the transferred functions;

(b) which debts, obligations, liabilities, contracts matters and things referred to in clause (c) of the said sub-
section have been incurred, entered into, or engaged to be done by, with or for the administration or in connection with the transferred functions;

(c) which officers and other employees referred to in clause (h) of that sub-section served under the administration in connection with the transferred functions.,

Omit section 431.Omit Schedule I.

Third Schedule Omit “sections 258, 259 (1), 260 (1), 263.(4), 265, 266 (1) and (2), 268, 269, 270, 271, 272 (1) and
(2), 273 (1), (2) and (3) and section 274(1), and the entries) there against in the second, third and fourth columns”.

AMENDMENT OF THE CAPITAL OF PUNJAB (DEVELOPMENT AND
REGULATION) ACT, 1952.(PUNJAB ACT No. XXVII oF 1952)

For section 7A, substitute-

“7A. Power to apply certain provisions of Punjab Act 42 of
1976 to Chandigarh. (1) The Chief Administrator may, from time to time by notification in the Official Gazette, and with the previous approval of the Administrator of the Union territory of Chandigarh, apply to Chandigarh or any part thereof with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of the Punjab Municipal Corporation
Act, 1976 (Punjab Act 42 of 1976), in so far as such provisions are applicable to Chandigarh.

19.(2) While exercising the powers or performing the functions under the provisions of the Punjab Municipal Corporation Act, 1976.(Punjab Act 42 of 1976) applied to Chandigarh by a notification under sub-section (1), the Chief Administrator shall be subject to the
control of the Administrator and not to that of the Commissioner or
Deputy Commissioner.

(3) Notwithstanding the substitution of section 7A of the
Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall not-

(a) affect the previous operation of the substituted section or anything duly done or suffered thereunder; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the substituted section;
or

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against substituted section; affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this substitution has not been made.”.****************************************************************

THE AIRPORTS AUTHORITY OF INDIA ACT, 1994.ACT NO. 55 OF 1994.[12th September, 1994.]

An Act to provide for the constitution of the Airports Authority of
India and for the transfer and vesting of the undertakings of the
International Airports Authority of India and the National Airports
Authority to and in the Airports Authority of India so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operated and of all aeronautical communication stations and for matters connected therewith or incidental thereto.

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

CHAPTER I

PRELIMINARY

CHAPTER II

THE AIRPORTS AUTHORITY OF INDIA

3. Constitution and incorporation of the Authority. (1) With effect from the appointed day, the Central Government shall, by notification in the Official Gazette, constitute an authority to be called the Airports Authority of India.

(2) The Authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property both movable and immovable, and to contract and shall by the said name sue and be sued.

(3) The Authority shall consist of–

(a) a Chairperson to be appointed by the Central Government;

(b) the Director General of Civil Aviation, or an officer not below the rank of the Deputy Director General of Civil
Aviation, to be appointed by the Central Government, ex officio;

(c) not less than eight and not more than fourteen members to be appointed by the Central Government.

(4) The Chairperson shall be a whole-time member and other members referred to in clause (c) of sub-section (3) may be appointed as whole-time or part-time members as the Central Government may think fit.

(5) The Chairperson and the members referred to in clause (c) of sub-section (3) shall be chosen from among persons who have special knowledge and experience in air transport or any other transport services, industry, commercial or financial matters or administration and from among persons who are capable of representing organisations of workers and consumers.

4.Disqualification for office of member.

4. Disqualification for office of member. A person shall be disqualified for being appointed as a member if he–

(a) has been convicted and sentenced to imprisonment for an offence, which, in the opinion of the Central Government, involves moral turpitude; or

(b) is an undischarged insolvent; or

(c) is of unsound mind and stands so declared by a competent court; or

4.(d) has been removed or dismissed from the service of the
Government or a body corporate owned or controlled by the
Government; or

(e) has in the opinion of the Central Government such financial or other interest in the Authority as is likely to affect prejudicially the discharge by him of his functions as a member.

5.Term of office and conditions of service of members.

5. Term of office and conditions of service of members. (1)
Subject to the provisions of section 6,–

(i) every whole-time member (other than the ex officio member) shall hold office for a period of five years from the date on which he assumes office or till he attains the age of sixty years, whichever is earlier, and

(ii) every part-time member (other than the ex officio member) shall hold office for a period of three years from the date on which he assumes office:

Provided that the Central Government may–

(a) terminate the appointment of any whole-time member, who is not a servant of the Government, after giving him notice for a period of not less than three months or, in lieu thereof, on payment of an amount equal to his salary and allowances, if any, for a period of three months;

(b) terminate the appointment of any part-time member who is not a servant of the Government after giving him notice for such period as may be prescribed; and

(c) terminate at any time the appointment of any member who is a servant of the Government.

(2) The other conditions of service of the members shall be such as may be prescribed.

(3) Any member may resign his office by giving notice in writing for such period as may be prescribed, to the Central Government and, on such resignation being notified in the Official Gazette by that
Government, such member shall be deemed to have vacated his office.

6.Vacation of office of member.

6. Vacation of office of member. The Central Government shall remove a member if he–

(a) becomes subject to any of the disqualifications mentioned in section 4:

Provided that no member shall be removed on the ground that he has become subject to the disqualification mentioned in clause
(e) of that section, unless he has been given a reasonable opportunity of being heard in the matter; or

(b) refuses to act or becomes incapable of acting; or

(c) is, without obtaining leave of absence from the
Authority, absent from three consecutive meetings of the
Authority; or

(d) in the opinion of the Central Government, has so abused his position as to render his continuance in office detrimental to the public interest:

Provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the matter.

5.7.Eligibility of member for re-appointment.

7. Eligibility of member for re-appointment. Any person ceasing to be a member shall, unless disqualified under section 4, be eligible for re-appointment.

8.Meetings.

8. Meetings. (1) The Authority shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of the business at its meetings (including the quorum at such meetings) as may be provided by regulations.

(2) The Chairperson, or, if for any reason he is unable to attend any meeting of the Authority, any other member chosen by the members present at the meeting shall preside at the meeting.

(3) All questions which come up before any meeting of the
Authority shall be decided by a majority of the votes of the members present and voting, and, in the event of an equality of votes, the
Chairperson, or in his absence, the person presiding, shall have and exercise a second or casting vote.

9.Vacancies, etc., not to invalidate proceedings of the Authority.

9. Vacancies, etc., not to invalidate proceedings of the
Authority. No act or proceeding of the Authority shall be invalid merely by reason of–

(a) any vacancy in, or any defect in the constitution of, the Authority; or

(b) any defect in the appointment of a person acting as a member of the Authority; or

(c) any irregularity in the procedure of the Authority not affecting the merits of the case.

10.Appointment of officers and other employees of the Authority.

10. Appointment of officers and other employees of the Authority.
(1) For the purpose of enabling it efficiently to discharge its functions under this Act, the Authority shall, subject to the provisions of section 18 and to such rules as may be made in this behalf, appoint (whether on deputation or otherwise) such number of officers and other employees as it may consider necessary:

Provided that the appointment of such category of officers, as may be specified after consultation with the Chairperson in such rules, shall be subject to the approval of the Central Government.

(2) Subject to the provisions of section 18, every officer or other employee appointed by the Authority shall be subject to such conditions of service and shall be entitled to such remuneration as may be determined by regulations.

11.Authority to act on business principles.

11. Authority to act on business principles. In the discharge of its functions under this Act, the Authority shall act, so far as may be, on business principles.

CHAPTER III

FUNCTIONS OF THE AUTHORITY
12. Functions of the Authority. (1) Subject to the rules, if any, made by the Central Government in this behalf, it shall be the function of the Authority to manage the airports, the civil enclaves and the aeronautical communication stations efficiently.

6.(2) It shall be the duty of the Authority to provide air traffic service and air transport service at any airport and civil enclaves.

(3) Without prejudice to the generality of the provisions contained in sub-sections (1) and (2), the Authority may–

(a) plan, develop, construct and maintain runways, taxiways, aprons and terminals and ancillary buildings at the airports and civil enclaves;

(b) plan, procure, instal and maintain navigational aids, communication equipment, beacons and ground aids at the airports and at such locations as may be considered necessary for safe navigation and operation of aircrafts;

(c) provide air safety services and search and rescue, facilities in co-ordination with other agencies;

(d) establish schools or institutions or centres for the training of its officers and employees in regard to any matter connected with the purposes of this Act;

(e) construct residential buildings for its employees;

(f) establish and maintain hotels, restaurants and restrooms at or near the airports;

(g) establish warehouses and cargo complexes at the airports for the storage or processing of goods;

(h) arrange for postal, money exchange, insurance and telephone facilities for the use of passengers and other persons at the airports and civil enclaves;

(i) make appropriate arrangements for watch and ward at the airports and civil enclaves;

(j) regulate and control the plying of vehicles, and the entry and exit of passengers and visitors, in the airports and civil enclaves with due regard to the security and protocol functions of the Government of India;

(k) develop and provide consultancy, construction or management services, and undertake operations in India and abroad in relation to airports, air-navigation services, ground aids and safety services or any facilities thereat;

(l) establish and manage heliports and airstrips;

(m) provide such transport facility as are, in the opinion of the Authority, necessary to the passengers travelling by air;

(n) form one or more companies under the Companies Act, 1956.(1 of 1956) or under any other law relating to companies to further the efficient discharge of the functions imposed on it by this Act;

(o) take all such steps as may be necessary or convenient for, or may be incidental to, the exercise of any power or the discharge of any function conferred or imposed on it by this Act;

(p) perform any other function considered necessary or desirable by the Central Government for ensuring the safe and efficient operation of aircraft to, from and across the air space of India;

7.(q) establish training institutes and workshops;

(r) any other activity at the airports and the civil enclaves in the best commercial interests of the Authority including cargo handling, setting up of joint ventures for the discharge of any function assigned to the Authority.

(4) In the discharge of its functions under this section, the
Authority shall have due regard to the development of air transport service and to the efficiency, economy and safety of such service.

(5) Nothing contained in this section shall be construed as–

(a) authorising the disregard by the Authority of any law for the time being in force; or

(b) authorising any person to institute any proceeding in respect of duty or liability to which the Authority or its officers or other employees would not otherwise be subject.

CHAPTER IV

PROPERTY AND CONTRACT

13. Under takings of the International Airports Authority and the
National Airports Authority to vest in the Authority. (1) On and from the appointed day, there shall be transferred to, and vest in, the
Authority constituted under section 3, the undertakings of the
International Airports Authority and the National Airports Authority.

(2) The undertaking of the International Airports Authority or the National Airports Authority which is transferred to, and which vests in, the Authority under sub-section (1) shall be deemed to include all assets, rights, powers, authorities and privileges and all property movable and immovable, real or personal, corporeal or incorporeal, present or contingent, of whatever nature and wheresoever situate, including lands, buildings, machinery, equipments, works, workshops, cash balances, capital, reserves, reserve funds, investments, tenancies, leases and book debts and all other rights and interests arising out of such property as were immediately before the appointed day in the ownership, possession or power of the
International Airports Authority, or as the case may be, the National
Airports Authority, in relation to its undertaking, whether within or outside India, all books of account and documents relating thereto and shall also be deemed to include all borrowings, liabilities and obligations of whatever kind then subsisting of the International
Airports Authority, or as the case may be, the National Airports
Authority in relation to its undertaking.

14.General effect of vesting of undertaking in the Authority.

14. General effect of vesting of undertaking in the Authority.
(1) All contracts, agreements and working arrangements subsisting immediately before the appointed day and affecting the International
Airports Authority, or as the case may be, the National Airports
Authority shall, in so far as they relate to the International
Airports Authority, or as the case may be, the National Airports
Authority, cease to have effect or be enforceable against the
International Airports Authority, or as the case may be, the National
Airports Authority and shall be of as full force and effect against or in favour of the Authority in which the undertakings have vested by virtue of this Act and enforceable as fully and effectually as if, instead of the International Airports Authority, or as the case may be, the National Airports Authority, the Authority had been named therein or had been a party thereto.

8.(2) Any proceeding, suit or cause of action pending or existing immediately before the appointed day by or against the international
Airports Authority or the National Airports Authority in relation to its undertakings may, as from that day, be continued and enforced by or against the Authority in which it has vested by virtue of this Act, as it might have been enforced by or against the International
Airports Authority or the National Airports Authority if this Act had not been passed, and shall cease to be enforceable by or against the
International Airports Authority, or as the case may be, the National
Airports Authority.

15.Licences, etc., to be deemed to have been granted to the Authority.

15. Licences, etc., to be deemed to have been granted to the
Authority. With effect from the appointed day, all licences, permits, quotas and exemptions, granted to the International Airports Authority or the National Airports Authority in connection with the affairs and business of the International Airports Authority, or as the case may be, the National Airports Authority, under any law for the time being in force, shall be deemed to have been granted to the Authority in which the undertakings of the International Airports Authority and the
National Airports Authority have vested by virtue of this Act.

16.Tax exemption or benefit to continue to have effect.

16. Tax exemption or benefit to continue to have effect. (1)
Where any exemption from, or any assessment with respect to, any tax has been granted or made or any benefit by way of set off or carry forward, as the case may be, of any unabsorbed depreciation or investment allowance or other allowance or loss has been extended or is available to the International Airports Authority or the National
Airports Authority, under the Income-tax Act, 1961 (43 of 1961), such exemption, assessment or benefit shall continue to have effect in relation to the Authority in which the undertakings of the
International Airports Authority and the National Airports Authority have vested by virtue of this Act.

(2) Where any payment made by the International Airports
Authority or the National Airports Authority is exempt from deduction of the tax at source under any provision of the Income-tax Act, 1961.(43 of 1961), the exemption from tax will continue to be available as if the provisions of the said Act made applicable to the International
Airports Authority or the National Airports Authority were operative in relation to the Authority in which the undertakings of the
International Airports Authority and the National Airports Authority have vested by virtue of this Act.

(3) The transfer and vesting of the undertakings or any part thereof in terms of section 13 shall not be construed as a transfer within the meaning of the Income-tax Act, 1961 (43 of 1961) for the purposes of capital gains.

17.Guarantee to be operative.

17. Guarantee to be operative. Any guarantee given for or in favour of the International Airports Authority or the National
Airports Authority with respect to any loan or lease finance shall continue to be operative in relation to the Authority in which the undertakings of the International Airports Authority and the National
Airports Authority have vested by virtue of this Act.

18.Provisions in respect of officers and other employees of theInternational Airports Authority and the National Airports Authority.

18. Provisions in respect of officers and other employees of the
International Airports Authority and the National Airports Authority.
(1) (a) Every officer or other employee of the International Airports
Authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Authority by virture of this Act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the International Airports
Division of the Authority.

9.(b) Every officer or other employee of the National Airports
Authority serving in its employment immediately before the appointed day shall, in so far as such officer or other employee is employed in connection with the undertaking which has vested in the Authority by virtue of this Act, becomes, as from the appointed day, an officer or, as the case may be, other employee of the National Airports Division of the Authority.

(2) Every officer or other employee of the International Airports
Authority or the National Airports Authority who becomes an officer or, as the case may be, other employee of the Authority, as referred to in sub-section (1), shall hold his office or service therein by the same tenure, at the same remuneration, upon the same terms and conditions, with the same obligations and with the same rights and privileges as to leave, passage, insurance, superannuation scheme, provident fund, other funds, retirement, pension, gratuity and other benefits as he would have held under the International Airports
Authority or, as the case may be, the National Airports Authority if its undertaking had not vested in the Authority and shall continue to do so as an officer or other employee, as the case may be, of the
Authority or until the expiry of a period of one year from the appointed day if such officer or other employee opts not to be the officer or other employee of the Authority within such period:

Provided that if the Authority thinks it expedient to extend the period so fixed, it may extend the same up to a maximum period of one year.

(3) Where an officer or other employee of the International
Airports Authority or the National Airports Authority opts under sub-
section (2) not to be in the employment or service of the Authority in which the undertakings of the International Airports Authority and the
National Airports Authority have vested, such officer or other employee shall be deemed to have resigned from the respective cadre.

(4) Notwithstanding anything contained in the Industrial Disputes
Act, 1947 (14 of 1947) or in any other law for the time being in force, the transfer of the services of any officer or other employee of the International Airports Authority or the National Airports
Authority to the Authority shall not entitle such officer or other employee to any compensation under this Act or under any other law for the time being in force and no such claim shall be entertained by any court, tribunal or other authority.

(5) The officers and other employees who have retired before the appointed day from the service of the International Airports Authority or the National Airports Authority and are entitled to any benefits, rights or privileges shall be entitled to receive the same benefits, rights or privileges from the Authority in which the undertaking of the International Airports Authority and the National Airports
Authority have vested.

(6) The trusts of the Provident Fund and Group Insurance and
Superannuation Scheme of the International Airports Authority or the
National Airports Authority and any other bodies created for the welfare of officers or employees would continue to discharge their functions in the Authority as was being done hitherto in the
International Airports

10.Authority or the National Airports Authority and tax exemption granted to Provident Fund or Group Insurance and Superannuation Scheme would continue to be applied to the Authority.

(7) After the expiry of the period of one year, or the extended period, as referred to in sub-section (2), all the officers and other employees transferred and appointed to the Authority, other than those opting not to be the officers or employees of the Authority within such period, shall be governed by the rules and regulations made by the Authority in respect of the service conditions of the officers and other employees of the said Authority.

19.Compulsory acquisition of land for the Authority.

19. Compulsory acquisition of land for the Authority. Any land required by the Authority for the discharge of its functions under this Act shall be deemed to be needed for a public purpose and such land may be acquired for the Authority under the provisions of the
Land Acquisition Act, 1894 (1 of 1894) or of any other corresponding law for the time being in force.

20.Contracts by the Authority.

20. Contracts by the Authority. Subject to the provisions of section 21, the Authority shall be competent to enter into and perform any contract necessary for the discharge of its functions under this
Act.

21.Mode of executing contracts on behalf of the Authority.

21. Mode of executing contracts on behalf of the Authority. (1)
Every contract shall, on behalf of the Authority, be made by the
Chairperson or such other member or such officer of the Authority as may be generally or specially empowered in this behalf by the
Authority and such contracts or class of contracts as may be specified in the regulations shall be sealed with the common seal of the
Authority:

Provided that no contract exceeding such value or amount as the
Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the
Authority:

Provided further that no contract for the acquisition or sale of immovable property or for the lease of any such property for a term exceeding thirty years and no other contract exceeding such value or amount as the Central Government may, from time to time, by order, fix in this behalf shall be made unless it has been previously approved by the Central Government.

(2) Subject to the provisions of sub-section (1), the form and manner in which any contract shall be made under this Act shall be such as may be specified by regualations.

(3) No contract which is not in accordance with the provisions of this Act and the regulations shall be binding on the Authority.

CHAPTER V

FINANCE, ACCOUNTS AND AUDIT


22. Power of the Authority to charge fees, rent, etc. The
Authority may,–

(i) with the previous approval of the Central Government, charge fees or rent–

(a) for the landing, housing or parking of aircraft or for any other service or facility offered in connection with aircraft operations at any airport, heliport or airstrip;

11.Explanation.–In this sub-clause “aircraft” does not include an aircraft belonging to any armed force of the
Union and “aircraft operations” does not include operations of any aircraft belonging to the said force;

(b) for providing air traffic services, ground safety services, aeronautical communications and navigational aids and meteorological services at any airports and at any aeronautical communication station;

(c) for the amenities given to the passengers and visitors at any airport, civil enclave, heliport or airstrip;

(d) for the use and employment by persons of facilities and other services provided by the Authority at any airport, civil enclave, heliport or airstrip;

(ii) with due regard to the instructions that the Central
Government may give to the Authority, from time to time, charge fees or rent from persons who are given by the Authority any facility for carrying on any trade or business at any airport, heliport or airstrip.

23.Additional capital and grant to the Authority by the
CentralGovernment.

23. Additional capital and grant to the Authority by the Central
Government. The Central Government may, after due appropriation made by Parliament by law in this behalf,–

(a) provide any capital that may be required by the
Authority for the discharge of its functions under this Act or for any purpose connected therewith on such terms and conditions as that Government may determine;

(b) pay to the Authority, on such terms and conditions as the Central Government may determine, by way of loans or grants such sums of money as that Government may consider necessary for the efficient discharge by the Authority of its functions under this Act.

24.Fund of the Authority and its investment.

24. Fund of the Authority and its investment. (1) The Authority shall have its own fund and all receipts of the Authority shall be credited thereto and all payments of the Authority shall be made therefrom.

(2) The Authority shall have power, subject to the provisions of this Act, to spend such sums as it thinks fit to cover all administrative expenses of the Authority and on objects or for purposes authorised by this Act and such sums shall be treated as expenditure out of the fund of the Authority.

(3) All moneys standing at the credit of the Authority which cannot immediately be applied as provided in sub-section (2), shall be–

(a) deposited in the State Bank of India or any such
Scheduled bank or banks or other public financial institutions subject to such conditions as may, from time to time, be specified by the Central Government; and

(b) invested in the securities of the Central Government or in such manner as may be prescribed.

Explanation.–In this sub-section, “Scheduled bank” has the same meaning as in clause (e) of section 2 of the Reserve Bank of India
Act, 1934 (2 of 1934).

12.25.Allocation of surplus funds.

25. Allocation of surplus funds. (1) The Authority may, from time to time, set apart such amounts as it thinks fit as a reserve fund or funds for the purpose of expanding existing facilities or services or creating new facilities or services at any airport, civil enclave, heliport or airstrip or for the purpose of providing against any temporary decrease of revenue or increase of expenditure from transient causes or for purposes of replacement, or for meeting expenditure arising from loss or damage from fire, cyclone, air-crash or other accident or for meeting any liability arising out of any act or commission in the discharge of its functions under this Act:

Provided that without prejudice to the right of the Authority to establish specific reserves for one or more specific purposes, the
Authority shall also have the power to establish a general reserve:

Provided further that the sums set apart annually in respect of each or any of the specific and general reserves and the aggregate at any time of such sums shall not exceed such limits as may, from time to time, be fixed in that behalf by the Central Government.

(2) After making provision for such reserve fund or funds and for bad and doubtful debts, depreciation in assets and all other matters which are usually provided for by companies registered and incorporated under the Companies Act, 1956 (1 of 1956), the Authority shall pay the balance of its annual net profits to the Central
Government.

26.Submission of programme of activities and financial estimates.

26. Submission of programme of activities and financial estimates. (1) The Authority shall, before the commencement of each financial year, prepare a statement of the programme of its activities during the forthcoming financial year as well as financial estimate in respect thereof.

(2) The statement prepared under sub-section (1) shall, not less than three months before the commencement of each financial year, be submitted for approval to the Central Government.

(3) The statement and the financial estimates of the Authority may, with the approval of the Central Government, be revised by the
Authority.

27.Borrowing powers of the Authority.

27. Borrowing powers of the Authority. (1) The Authority may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Central
Government, borrow money from any source by the issue of bonds, debentures or such other instruments as it may deem fit for discharging all or any of its functions under this Act.

(2) The Central Government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment, of interest thereon with respect to the loans borrowed by the Authority under sub-section (1).

(3) Subject to such limits as the Central Government may, from time to time, lay down, the Authority may borrow temporarily by way of overdraft or otherwise such amounts as it may require for discharging its functions under this Act.

13.28.Accounts and audit.

28. Accounts and audit. (1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the profit and loss account and the balance-sheet in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.

(2) The accounts of the Authority shall be audited annually by the Comptroller and Auditor-General of India and any expenditure incurred by him in connection with such audit shall be payable by the
Authority to the Comptroller and Auditor-General of India.

(3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the
Authority shall have the same rights and privileges and authority in connection with such audit as the Comptroller and Auditor-General has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers, documents and papers and inspect any of the offices of the Authority.

(4) The accounts of the Authority as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament.

CHAPTER VI

MISCELLANEOUS

29. Submission of annual report. (1) The Authority shall, as soon as may be after the end of each financial year, prepare and submit to the Central Government in such form as may be prescribed a report giving an account of its activities during that financial year and the report shall also give an account of the activities which are likely to be undertaken by the Authority during the next financial year.

(2) The Central Government shall cause such report to be laid before both House of Parliament as soon as may be after it is submitted.

30.

Delegation.

30. Delegation. The Authority may, by general or special order in writing, delegate to the Chairperson or any other member or to any officer of the Authority, subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this Act, (except the powers under section 42) as it may deem necessary.

31.Authentication of orders and other instruments of the Authority.

31. Authentication of orders and other instruments of the
Authority. All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other member authorised by the Authority in this behalf and all other instruments executed by the Authority shall be authenticated by the signature of an officer of the Authority authorised by it in this behalf.

14.32.Officers and employees of the Authority to be public servants.

32. Officers and employees of the Authority to be public servants. All officers and employees of the Authority shall, while acting or purporting to act in pursuance of the provisions of this Act or of any rule or regulation made thereunder, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code
(45 of 1860)

33.Protection of action taken in good faith.

33. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shall lie against the Authority or any member or any officer or other employee of the Authority for anything which is in good faith done or intended to be done in pursuance of this Act or of any rule or regulation made thereunder or for any damage sustained by any aircraft or vehicle in consequence of any defect in any of the airports, civil enclaves, heliports, airstrips, aeronautical communication stations or other things belonging to or under the control of the Authority.

34.Custody and disposal of lost property.

34. Custody and disposal of lost property. Subject to such regulations as the Authority may make in this behalf, the Authority shall provide for securing the safe custody and restoration of any property which, while not in proper custody, is found on any premises belonging to the Authority or under its overall control or in any aircraft on any such premises.

35.Provisions relating to income-tax.

35. Provisions relating to income-tax. For the purposes of the
Income-tax Act, 1961 (43 of 1961) or any other enactment for the time being in force relating to income-tax or any other tax on income, profits or gains, the Authority shall be deemed to be a company within the meaning of the Income-tax Act, 1961 and shall be liable to tax accordingly on its income, profits and gains.

36.Power of the Authority to undertake certain works.

36. Power of the Authority to undertake certain works. The
Authority may undertake to carry out on behalf of any person any works or services or any class of works or services on such terms and conditions as may be agreed upon between the Authority and the person concerned.

37.Power to issue directions.

37. Power to issue directions. (1) The Authority or any officer specially authorised by it in this behalf may, from time to time, by order, issue directions, consistent with the provisions of the
Aircraft Act, 1934 (22 of 1934), and the rules made thereunder, with respect to any of the matters specified in clauses (f), (h), (i), (j),
(k), (m), (p), (qq) and (r) of sub-section (2) of section 5 of that
Act, to any person or persons engaged in aircraft operations or using any airport, heliport, airstrip or civil enclave, in any case where the Authority or the officer is satisfied that in the interests of the security of India or for securing the security of the aircraft it is necessary to do so.

(2) Every direction issued under sub-section (1) shall be complied with by the person or persons to whom such direction is issued.

(3) If any person wilfully fails to comply with any direction issued under this section, he shall be punishable with imprisionment for a term which may extend to six months or with fine which may extend to five thousand rupees, or with both.

15.38.Power of the Central Government to temporarily divest the Authority ofthe management of any airport.

38. Power of the Central Government to temporarily divest the
Authority of the management of any airport. (1) If, at any time, the
Central Government is of opinion that in the public interest it is necessary or expedient so to do, it may, by order, direct the
Authority to entrust the administration, management or similar other functions of any airport, heliport, airstrip, civil enclave, aeronautical communication station, or any other agency or department of any airport, heliport, airstrip, civil enclave or aeronautical communication station with effect from such date and to such person as may be specified in the order and the Authority shall be bound to comply with such direction:

Provided that before an order is made under this sub-section the
Authority shall be given a reasonable opportunity of being heard in the matter.

(2) Where the management of any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to any person specified under sub-section (1) (hereafter referred to in this section as the authorised person), the Authority shall cease to exercise and discharge all its powers and functions under this Act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and such powers and functions shall be exercised and discharged by the authorised person in accordance with the instructions, if any, which the Central Government may give to the authorised person from time to time:

Provided that no such power or function as may be specified by the Central Government by a general or special order shall be exercised or discharged by the authorised person except with the previous sanction of the Central Government.

(3) An order made under sub-section (1) shall, unless rescinded, be in operation for a period of six months from the date on which the management of the airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof is entrusted to the authorised person:

Provided that the Central Government may extend such period for a further period or periods not exceeding eighteen months.

(4) During the operation of an order made under sub-section (1), it shall be competent for the Central Government to issue, from time to time, such directions to the Authority as are necessary to enable the authorised person to exercise the powers and discharge the functions of the Authority under this Act in relation to the airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the management of which has been entrusted to him and in particular to transfer any sum of money from the fund of the Authority to the authorised person for the management of the airport, heliport, airstrip civil enclave or aeronautical communication station or any other agency or department thereof and every such direction shall be complied with by the
Authority.

(5) On the cesser of operation of any order made under sub-
section (1) in relation to any airport, heliport airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authorised person shall cease to exercise and perform the powers and functions of the Authority under this Act in relation to such airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof and the Authority shall continue to exercise and perform such powers and functions in accordance with the provisions of this Act.

16.(6) On the cesser of operation of any order made under sub-
section (1) in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station, or any other agency or department thereof the authorised person shall hand over to the
Authority any property (including any sum of money or other asset)
remaining with him in connection with the management of such airport, heliport, airstrip, civil enclave or aeronautical communication station.

(7) Anything done or any action taken lawfully by the authorised person in relation to any airport, heliport, airstrip, civil enclave or aeronautical communication station or any other agency or department thereof during the period of operation of an order made under sub-section (1) shall be deemed to have been done or taken by the Authority and shall be binding on the Authority.

39.Power of the Central Government to supersede the Authority.

39. Power of the Central Government to supersede the Authority.
(1) If, at any time, the Central Government is of opinion–

(a) that on account of a grave emergency, the Authority is unable to discharge the functions and duties imposed on it by or under the provisions of this Act; or

(b) that the Authority has persistently made default in complying with any direction issued by the Central Government under this Act or in the discharge of the functions and duties imposed on it by or under the provisions of this Act and as a result of which default the financial position of the Authority or the administration of any airport, heliport, airstrip, civil enclave or aeronautical communication station has deteriorated;
or

(c) that circumstances exist which render it necessary in the public interest so to do,the Central Government may, by notification in the Official Gazette, supersede the Authority for such period, not exceeding six months, as may be specified in the notification:

Provided that before issuing a notification under this sub-
section for the reasons mentioned in clause (b), the Central
Government shall give a reasonable opportunity to the Authority to show cause why it should not be superseded and shall consider the explanations and objections, if any, of the Authority.

(2) Upon the publication of a notification under sub-section (1)
superseding the Authority,–

(a) all the members shall, as from the date of supersession, vacate their officers as such;

(b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Authority, shall until the Authority is re-
constituted under sub-section (3), be exercised and discharged by such person or persons as the Central Government may direct;

(c) all property owned or controlled by me Authority shall, until the Authority is re-constituted under sub-section (3), vest in the Central Government.

(3) On the expiration of the period of supersession specified in the notification issued under sub-section (1), the Central Government may,

17.(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or

(b) re-constitute the Authority by fresh appointment and in such case the members who vacated their offices under clause (a)
of sub-section (2) shall not be deemed disqualified for appointment:

Provided that the Central Government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section.

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before both Houses of Parliament at the earliest opportunity.

40.

Power of the Central Government to issue directions.

40. Power of the Central Government to issue directions. (1)
Without prejudice to the foregoing provisions of this Act, the
Authority shall, in the discharge of its functions and duties under this Act, be bound by such directions on questions of policy as the
Central Government may give in writing to it from time to time:

Provided that the Authority shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section.

(2) The decision of the Central Government whether a question is one of policy or not shall be final.

(3) The Central Government may, from time to time, issue directions to the Authority regarding the discharge of any functions to it under clause (e) of sub-section (3) of section 12 and the
Authority shall be bound to comply with such directions.

41.Power to make rules.

41. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for–

(a) the period of notice as may be given by the Central
Government to terminate the appointment of any part-time member of the Authority under clause (b) of proviso to sub-section (1)
of section 5;

(b) the conditions of service of the members of the
Authority under sub-section (2) of section 5;

(c) the period of notice as may be given by any member to resign his office under sub-section (3) of section 5;

(d) the provisions subject to which officers and other employees may be appointed by the Authority and the category of officers to be appointed after approval of the Central Government under the proviso to sub-section (1) of section 10;

(e) the provisions subject to which the Authority may manage the airports, civil enclaves and aeronautical communication stations under sub-section (1) of section 12;

(f) the manner in which the Authority may invest its funds under clause (b) of sub-section (3) of section 24;

(g) the form in which the annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 28:

18.(h) the form in which a report giving an account of its activities shall be prepared and submitted by the Authority to the Central Government under sub-section (1) of section 29; and

(i) any other matter which is to be, or may be, prescribed.

42.Power to make regulations.

42. Power to make regulations. (1) The Authority may make regulations not inconsistent with this Act and the rules made thereunder to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such regulations may provide for–

(a) the time and places of the meetings of the Authority and the procedure to be followed for the transaction of business including the quorum at such meetings under sub-section (1) of section 8;

(b) the conditions of service and the remuneration of officers and other employees to be appointed by the Authority under sub-section (2) of section 10;

(c) the construction of residential accommodation for the officers and other employees appointed by the Authority under clause (e) of sub-section (3) of section 12;

(d) the storage or processing of goods in any warehouse established by the Authority under clause (g) of sub-section (3)
of section 12 and the charging of fees for such storage or processing;

(e) the contracts or class of contracts which are to be sealed with the common seal of the Authority and the form and manner in which a contract may be made by the Authority under sub-section (1) of section 21;

(f) the custody and restoration of lost property and the terms and conditions under which lost property may be restored to the persons entitled thereto under section 34;

(g) the disposal of any lost property in cases where such property is not restored;

(h) securing the safety of aircraft, vehicles and persons using the airport or civil enclave and preventing danger to the public arising from the use and operation of aircraft in the airport or civil enclave;

(i) preventing obstruction within the airport or civil enclave for its normal functioning;

(j) prohibiting the parking or waiting of any vehicle of carriage within the airport or civil enclave except at places specified by the Authority;

(k) prohibiting or restricting access to any part of the airport or civil enclave;

(l) preserving order within the airport or civil enclave and preventing damage to property therein;

(m) regulating or restricting advertising within the airport or civil enclave;

19.(n) requiring any person, if so directed by an officer appointed by the Authority in this behalf, to leave the airport or civil enclave or any particular part of the airport or civil enclave; and

(o) generally for the efficient and proper management of the airport or civil enclave.

(3) Any regulation made under any of the clauses (h) to (o) (both inclusive) of sub-section (2) may provide that a contravention thereof shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to twenty rupees for every day during which such contravention continues after conviction for the first such contravention.

(4) No regulation made by the Authority under this section shall have effect until it has been approved by the Central Government and published in the Official Gazette.

(5) Notwithstanding anything contained in this section, the first regulations under this Act shall be made by the Central Government and shall have effect on being published in the Official Gazette.

(6) The first regulations framed under sub-section (5) shall remain in force until such time the Authority has made regulations and they are published in the Official Gazette.

43.Rules and regulations to be laid before Parliament.

43. Rules and regulations to be laid before Parliament. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both
Houses agree that the rule or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

44.Power to remove difficulties.

44. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiration of one year from the commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

20.45.Amendment of Act 22 of 1934.45. Amendment of Act 22 of 1934. In section 5 of the Aircrafts
Act, 1934, in sub-section (2),–

(a) in clause (b), for the words and figures “the
International Airports Authority Act, 1971 (43 of 1971) or the
National Airports Authority Act, 1985 (64 of 1985),” the words and figures “the Airports Authority of India Act, 1994” shall be substituted;

(b) proviso to clause (b) shall be omitted.

46.Repeal and saving.

46. Repeal and saving. (1) On and from the appointed date,–

(i) the International Airports Authority Act, 1971 (43 of
1971) and the National Airports Authority Act, 1985 (64 of
1985) shall stand repealed;

(ii) the International Airports Authority and the National
Airports Authority constituted under the aforesaid Acts shall cease to exist.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under the aforesaid Acts so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

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