Section 33 in Punjab Regional and Town Planning and Development Act, 1995
33. Bifurcation of Special Urban Planning and Development Authority.
(1)Where the State Government after consultation with the Board, is of the opinion that it is necessary or expedient in the public interest or in the interest of the development of the area under the jurisdiction of any Special Urban Planning and Development Authority, that any area under the jurisdiction of the said Authority should be excluded from its jurisdiction, the State Government may, by notification in the official Gazette, provide for the exclusion of such area and to constitute new Special Urban Planning and Development Authority for the area so excluded.(2)On the constitution of a new Special Urban Planning and Development Authority under sub-section (1), the assets and liabilities of the Special Urban Planning and Development Authority from whose jurisdiction the area is so excluded (hereinafter referred to the existing Special Urban Planning and Development Authority) shall be apportioned between the successor Special Urban Planning and Development Authorities in the manner specified hereinafter-(i)all lands and stores, articles and other goods belonging to the existing Special Urban Planning and Development Authority shall, -(a)If within the area of jurisdiction of the Special Urban Planning and Development Authority, pass on to the successor Special Urban Planning and Development Authority in whose area they are situated;(b)If outside the area of the Special Urban Planning and Development Authority, be apportioned between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction.(ii)The bank balances and grants received from time to time shall be apportioned between the successor Special Urban Planning and Development Authorities according to ratio of the area falling under their respective jurisdiction:Provided that a grant given for the development of an area which falls within the exclusive jurisdiction of any of the successor Special Urban Planning and Development Authorities, shall be transferred to that successor Special Urban Planning and Development Authority;(iii)Where before the date of exclusion of any area the existing Special Urban Planning and Development Authority has made any contract for the purpose of that Authorities, that contract shall be deemed to have been made, -(a)if the purposes of the contract are on and from the date of exclusion of the area exclusively purposes of any one of the successor Special Urban Planning and Development Authority, by that successor Authority; and(b)if the purposes of the contract are on and from that date not exclusively purposes of any one of the Special Urban Planning and Development Authorities, by all the Special Urban Planning and Development Authorities and, the rights and liabilities which has accrued or may accrue under any such contract shall, to the extent to which they would have been the rights and liabilities of the existing Special Urban Planning and Development Authority, be the rights and the liabilities of the successor Special Urban Planning and Development Authority or, as the case may be, the successor Special Urban Planning and Development Authorities, according to the ratio of the area falling under their respective jurisdiction.(3)Where the existing Special Urban Planning and Development Authority is a party to any legal proceedings with respect to any property, rights or liabilities, subject to apportionment under this section, the successor Special Urban Planning and Development Authority which succeeds to or acquires a share in that property or to those rights or liabilities, shall be deemed to be substituted or added as a party to those proceedings and the proceedings may continue accordingly.(4)(a)Every whole-time employee of the existing Special Urban Planning and Development Authority on and from the date of notification under sub- section (1) shall provisionally continue to be an employee of that Authority unless he is required, by general or special order of the State Government, to serve as an employee of any other Successor Special Urban Planning and Development Authority.(b)As soon as may be after the date of notification under sub- section (1), the State Government shall by general or special order, determine the Successor Special Urban Planning and Development Authority to which every employee referred to in clause (a) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect.(c)Every employee who is finally allotted under the provisions of clause (b), to a Successor Special Urban Planning and Development Authority shall, if he is not already serving with that Authority, be made available for serving with the Successor Special Urban Planning and Development Authority from such date as may be agreed upon between the successor Special Urban Planning and Development Authorities or in default of such agreement as may be determined by the State Government.(d)The State Government may, by order, establish an advisory committee for the purpose of assisting it with regard to -(i)the division and integration of the employees among the Successor Special Urban Planning and Development Authorities; and(ii)the ensuring of fair and equitable treatment to all employees affected by the provisions of this sub-section and the proper consideration of any representations made by such employees.(e)The terms and conditions of the employees of the existing Special Urban Planning and Development Authority applicable to them immediately before the date of notification under sub-section (1) shall not be varied to their disadvantage except with the previous approval of the State Government.(f)Notwithstanding anything contained in clause (c) of sub-section (4), where any employee of the existing Special Urban Planning and Development Authority by notice in writing given to the Successor Special Urban Planning and Development Authority at any time before the expiry of three months next following the date of his final allocation has intimated his intention of not becoming an employee of the Successor Special Urban Planning and Development Authority to which he is so allocated, he shall cease to be employee of that Authority on the expiry of the notice period and shall be entitled to get such gratuity, Provident Fund and other retirement benefits as are ordinarily admissible to him under the rules or authorisations of the existing Special Urban Planning and Development Authority immediately before the date of amalgamation.(5)The benefit or burden of any assets and liabilities of the existing Special Urban Planning and Development Authority not dealt within the foregoing provisions of this section shall pass on to the successor Special Urban Planning and Development Authorities in the manner agreed upon, between them and in case no such agreement is reached within a period of one year from the date of exclusion of the area, the State Government shall be competent to determine the same at the request of either of the Successor Special Urban Planning and Development Authorities.
