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State of Punjab - Section

Section 4 in Punjab Municipal (Executive Officer) Act, 1931

4. Powers of the Executive Officer.

- In a municipality in which an Executive Officer has been appointed. -
(a)the executive power for the purpose of carrying on the administration of the municipality shall, subject to the provisions of this Act and of any rules made under this Act, or under the Municipal Act, vest in the Executive Officer :
(b)the powers conferred and duties imposed upon, the functions vested in, and the objections to be tendered and notice given to, the committee under the sections of the Municipal Act mentioned in Schedule I, shall not be exercised or performed by, vested in, or be tendered or given to, the committee, but may be exercised or shall be performed by, or shall vest in, or shall be tendered or given to, the Executive Officer, provided that-
(i)the power conferred by section 39 of the Municipal Act shall not be exercised by the Executive Officer and may be exercised by the Committee in respect of the appointment of any Officer or servant of the committee to a post for which the monthly remuneration exceeds [Rs. 25] [Substituted for the words 'Rs 45 in the case of the municipality of Lahore and Rs, 25 in the case of other municipalities' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 (G.G.O.40).], and in respect of the power of removal or dismissal of any officer or servant whose monthly remuneration exceeds Rs. 45, provided that the Executive Officer shall dismiss an employee if required by the committee to do so ;
(ii)the power to revise the valuation and assessment conferred by section 65 of the Municipal Act and the power to amend the assessment list conferred by sub-clause (1) of section 67 of the Municipal Act shall be exercised by a sub-committee consisting of the Executive Officer and two members of the committee appointed by the committee for the purpose ;
(iii)the power of the Executive Officer to withhold the grant of a license for any of the trades or purposes specified in sections 121,122 of the Municipal Act or to withhold written permission under section 124 of the Municipal Act may by bye-law be made subject to revision by the Committee ;
(iv)the exercise or discharge by the Executive Officer of any power, duty or function thus conferred, imposed or vested in him, shall be subject to such restrictions, limitations and conditions as may be imposed by any rules made by the [State Government] [Substituted for the expression 'Central Government' (which Was substituted, for 'State Government' by A. O. 1968) by A. O. 1973, The word 'State' was substituted, for the word (Provincial' by Adaptation of Laws Order, 1950.], under the Municipal Act upon the exercise or discharge of such power, duty or function by the committee ;
(c)the Municipal Act shall be deemed to have been amended in the manner set forth in schedule II ;
(d)no bye-laws inconsistent with this Act shall be made by the committee in exercise of the powers conferred by section 31, of the Municipal Act and, if any such be-laws have been made, they shall be deemed to have been cancelled to the extent to which they are thus inconsistent ;
(e)if any bye-law made by the committee in exercise of the powers conferred by sections 188, 189, 197 or 198 or in any rule made in exercise of the powers conferred by section 3 of the Hackney Carriage Act, 1879, it is provided that notice shall be given to or licenses granted by the committee, such bye-law or rule shall be deemed to have been amended so as to provide that subject to bye-laws made under the Municipal Act or rules made under this Act such notice shall be given to, or such license granted by, the Executive Officer.