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[Cites 0, Cited by 23] [Entire Act]

State of Punjab - Section

Section 7 in The Punjab Municipal Act, 1999

7. Declaration of intention to include in, or exclude from a, larger urban area, any area or to convert a smaller urban area into a larger urban area and consequences thereof.

(1)The Government may, after consultation with the Municipal Corporation or the Municipal Council, as the case may be and subject to the provisions of section 3, by notification, declare its intention, -
(a)to include within a larger urban area, any area adjacent thereto; or
(b)to exclude from a larger urban area, any area comprised therein; or
(c)specify a smaller urban area to be a larger urban area; or
(d)specify a larger urban area to be a smaller urban area.
(2)Every such notification shall define the limits of the area to which it relates.
(3)When a notification is issued under sub-section (1), the provisions of sub-section (2) of section 3 relating to the publication of a copy of notification, and of section 4 relating to the submission of objections, shall apply.
(4)On the expiry of a period of thirty days from the date of publication of the notification referred to in sub-section (1) and after consideration of the objections, which may be submitted, the Government may, by notification, -
(a)include with a larger urban area, any area adjacent thereto; or
(b)exclude from a larger urban area, any area comprised therein; or
(c)specify a smaller urban area to be a larger urban area; or
(d)specify a larger urban area to be a smaller urban area.
(5)Where any area within the territorial jurisdiction of any local authority, other than a Municipal Corporation, is included in a larger urban area, -
(a)the provisions of this Act, and except as the Government may, by notification, otherwise direct, all rules, regulations, notifications, orders, directions and powers, made, issued or conferred and all taxes, duties, tolls and fees imposed under this Act and in force in such larger urban area, shall apply to, and shall be deemed to have been imposed in, the area so included;
(b)the Government may, by notification, issue such orders as it may deem fit,-
(i)as to the transfer to the Municipal Corporation, or disposal otherwise of, the assets or institutions of such local authority in the area so included; and
(ii)as to the discharge of the liabilities, if any, of such local authority relating to such assets or institutions.
(6)Where any area is excluded from a larger urban area and included within the territorial jurisdiction of any other local authority, -
(a)the provisions of this Act or any rules, regulations, notifications, orders, directions, powers made, issued or conferred and all taxes, duties, tolls and fees imposed under this Act and in force in such larger urban area shall cease to apply and shall cease to be imposed in the area so excluded;
(b)the Government may, by notification, issue such orders as it may deem fit, -
(i)as to the transfer to such local authority, or disposal otherwise of, the assets or institutions of the Municipal Corporation of such larger urban area; and
(ii)as to the discharge of the liabilities, if any, of such Municipal Corporation relating to such assets or institutions.
(7)Upon the issue of a notification under sub-section (4), specifying any smaller urban area to be a larger urban area, -
(a)the notification referred to in section 9, insofar as it specifies such smaller urban area, shall stand rescinded and such smaller urban area, shall cease to exist; and
(b)the provisions of this Act as may be applicable to a larger urban area shall, with such modifications as may be specified by the Government, apply in the area so specified :
Provided that the members of the Municipal Council of such smaller urban area shall, subject to the provisions of section 55, be deemed to be the members of the Municipal Corporation of the larger urban area and continue to function as such until the expiry of the duration of the Municipal Council or until a Municipal Corporation is constituted therefor, whichever is earlier.
(8)Upon the issue of a notification under sub-section (4) specifying a larger urban area to be a smaller urban area, -
(a)the notification referred to in section 5, in-so-far as it specifies such larger urban area, shall stand rescinded and such larger urban area, shall cease to exist; and
(b)the provisions of this Act relating to a smaller urban area shall apply in the area so specified :
Provided that the members of the Municipal Corporation of such larger urban area shall, subject to the provisions of section 55, be deemed to be the members of the Municipal Council of the smaller urban area and continue to function as such until the expiry of the duration of the Municipal Corporation or until a Municipal Council is constituted therefor, whichever is earlier.Smaller Urban Areas