Section 40 in The Punjab Town Improvement Act, 1922
40. Abandonment of scheme, or application to State Government to sanction it.
(1)After the expiry of the periods respectively prescribed under clause (a) of sub-section (2) of section 36, by section 37 and by clause (b) of sub- section (2) of section 38, in respect of any scheme under this Act, the trust shall consider any objection, or representation received thereunder, and after hearing all persons or their representatives making any such objection or representation, who may desire to be heard, the trust may either abandon the scheme or apply to the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government for sanction to the scheme with such modifications (if any) as the trust may deem necessary.[Provided that no scheme shall be abandoned by the trust without the prior approval of the State Government.] [Proviso Added by Punjab Act No. 7 of 1974.](2)Every application submitted under sub-section (1) shall be accompanied by-(i)complete plans and details of the scheme and an estimate of the cost of executing it;(ii)a statement of the reasons for modifications (if any) made in the scheme as originally framed;(iii)a statement of objections (if any) received under section 36;(iv)the representation (if any) received under section 37;(v)a list of the names of all persons (if any) who have objected under clause (b) of sub-section (2) of section 38, to the proposed acquisition of their property and a statement of the reasons given for such objection; and(vi)a statement of the arrangements made or proposed by the trust for the re-housing of persons who are likely to be displaced by execution of the scheme and for whose re-housing provision is required.(3)When any application has been submitted to the State Government under sub-section (1), the trust shall cause notice of the fact to be published for two consecutive weeks in the Official Gazette and in a newspaper or newspapers.
