5[(1) The trust shall consist of a chairman and nine other trustees, namely :-
(a) three officers serving under the State Government, one of whom shall be a Town Planner, the other an officer not below the rank of an Extra Assistant Commissioner and the third an engineer not below the rank of an The Punjab Town Improvement Act, 1922 Section 3 7
1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2. Substituted for the words "Punjab Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937.
3. Added by Punjab Act No. 18 of 1996.
4. Added by Punjab Act No. 18 of 1982.
5. Sub-sections (1), (2), (3) and (4) substituted by Punjab Act No. 18 of 1983.
Executive Engineer taken from the Buildings and Roads Branch or the Punjab Health Branch of the Department of Public Works of the State Government;
(b) three members of the Municipal Committee or the Corporation, as the case may be; and [(c) three other persons where the population of a local area as per the last preceding census does not exceed two lacs :
Provided that where the population of a local area exceeds two lacs as per the last preceding census, then the trust shall consist of a Chairman and ten other trustees and in that case in place of three other persons as specified in clause (c) above, four other persons shall be included in the trust.]1
(2) the chairman and the trustees referred to in clauses (a) and (c) of sub- section
(1) shall be appointed by the State Government by notification :
Provided that if none of the trustees is a member of the Scheduled Castes, appointment of trustees referred to in the aforesaid clause (c) shall be so made that one of these is a member of such castes.
(3) The members of the Municipal Committee or the Corporation referred to in clause (b) of sub-section (1) shall be elected by the Municipal Committee or the Corporation, as the case may be.
(4) If the Municipal Committee or the Corporation does not by such date as may be fixed by the State Government elect a person to be trustee, the State Government shall, by notification, appoint a member of the Municipal Committee or the Corporation, as the case may be, to be a trustee, and any person so appointed shall be deemed to be a trustee as if he had been duly elected by the Municipal Committee or the Corporation, as the case may be.
(5) Of the persons referred to in clause (c) of sub-section (1) not more than one shall be a servant of the 2[Government].
Explanation. - For the purposes of this section the term servant of the 3[Government] does not include a Government treasurer, a person holding a purely honorary office or a person who has retired from the service of the 4[Government].
Section 4-A 4-A. Appointment of trustees during supersession of Municipal Committees. - During the period of supersession of a Municipal Committee 5[-]the three seats allotted to the Municipal Committee on the trust under clause (b) of sub- section (1) of section 4 shall be filled by the State Government by appointing any three persons by notification in the 6[Official Gazette]. The term of office of every trustee so appointed shall be [two]7 years or until the Trust is dissolved, 8 The Punjab Town Improvement Act, 1922, Section 4-A
1. Substituted by Punjab Act No. 5 of 1995.
2. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
4. Substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
5. Words "xxx" deemed to be omitted always by Punjab Act No. 7 of 1974.
6. Substituted for the words "Punjab Gazette" by the Government of India (Adaptation of Indian Laws) Order, 1937.
7. Substituted for "three" by Punjab Act 27 of 1978.
whichever period is less provided that if the Municipal Committee is reconstituted three members of the Municipal Committee shall be elected or appointed in accordance with the provisions of section 4 and on their election or appointment the [two]1 trustees appointed by the State Government under this section shall cease to be members of the Trust.
Section 4-B [4-B. Appointment of trustees during suspension of Municipal Committees. - During the period of suspension of a Municipal Committee, the three seats allotted to the Municipal Committee on the trust under clause (b) of sub- section
(1) of section 4 shall be filled by the State Government by appointing any three persons by notification in the official Gazette and the trustees so appointed shall hold office during the period of suspension of the Municipal Committee or until the trust is dissolved, whichever period is less. On the expiry of the period of such suspension the three members of the Municipal Committee holding office as trustees under clause (b) of sub-section (1) of section 4 immediately before such suspension shall become the trustees and the three trustees appointed by the State Government under this section shall cease to be members of the trust.]2 Section 4-C [4-C. Appointment of trustees where no Corporation is constituted. - Where any municipality has been constituted to be a City under the provisions of the Punjab Municipal Corporation Act, 1976 and a Corporation has not been constituted for that City, the three seats allotted, to the Corporation under clause (b) of sub-section (1) of section 4 shall be filled in by the State Government and the trustees so appointed shall hold office for a period of three years or until the trust its dissolved, whichever period is less :
Provided that if the Corporation is constituted, three members of the Corporation shall be elected or appointed in accordance with the provisions of section 4 and on their election or appointment the three trustees appointed by the State Government under this section shall cease to be the members of the trust.]3 Section 5 [5. Term of office of Chairman. - The term of office of the Chairman shall be such period not exceeding [four years]4, as the State Government may fix in this behalf:
Provided that when the Trust ceases to exist the said term of office shall be deemed to expire on the date of dissolution of the Trust.]5 Section 6