This Act may be called The Panj b Municipal Act, 1873:

Local extent. It extends only to the territories under the government of the Lieutenant Governor of the Panj b;

Commencement. And it shall come into force on the passing thereof.

Act No. XV of 1867 (to make better provision for the appointment of Municipal Committees in the Punj b, and for other purposes) and Act No. II of 1872 (to revive and continue the operation of Act XV of 1867) are repealed; and Act No. XXVI of 1850 (to enable improvements to be made in towns) is repealed so far as it affects the Panj b.

Existing extensions and appointments. But all extensions and appointments made, and all limits defined, under the said Act No. XV of 1867 shall be deemed to be, respectively, made and defined under this Act. And an extension of any particular provision of Act No. XV of 1867 shall be deemed to be an extension of the corresponding provision of this Act

Existing assessments and bye-laws. And all assessments, bye-laws, rules and regulations of any kind, relating to matters provided for by this Act, which may heretofore have been made or approved by the Local Government, shall be deemed to have been made under this Act.

Former proceedings. And all proceedings taken under any such assessments, bye-laws, rules and regulations shall be deemed to be as valid as if they had been taken under this Act.

In this Act Committee means a Municipal Committee under this Act.

The Local Government may, by notification published in the Panj b Gazette, declare its intention to extend this Act, or any of its provisions, to any town in the said territories.

Objection to such extension. Any inhabitant of such town objecting to such extension may, within six weeks from the said publication, send his objection, in writing to the Secretary to the Local Government, and the Local Government shall take such objection into consideration.

Procedure thereon. When six weeks from the said publication have expired, the Local Government, if no such objections have been sent as aforesaid, or (where such objections have been so sent in) if, in its opinion, they are insufficient, may, by like notification, effect the proposed extension.

For the purposes of this Act, the Local Government may, from time to time, by notification in the Panj b Gazette, declare what shall be deemed to be a town for the purposes of this Act, and define the limits of any town to which this Act has been extended.

In every town to which this Act is extended, the Local Government shall appoint, or cause to be appointed, a Committee consisting of not less than five members.

Such members may be appointed as the Local Government from time to time directs, either ex officio or by nomination, or by election, or some by one and some by any other of such methods:

Provided that (except with the approval of the Governor General in Council) not less than two-fifths of the members of a Committee shall be persons other than salaried officers of Government.

The Local Government may

(a) from time to time remove any of the members of any Committee, add to their number, and fill up vacancies occurring among them;

(b) determine the time and manner of the election of those members whom it may direct to be appointed by election, and the persons by whom they shall be elected, and generally make such rules as it thinks fit for regulating such election;

(c) appoint the President and Vice-President, or either of them, of any Committee, or authorise any Committee to appoint, by election from their number, such President, or Vice-President, or both.

No appointment under this section, other than the appointment by election of a Vice-President, shall be valid unless and until it is notified in the Panj b Gazette.

Subject to any general rules or special orders which the Governor General in Council may from time to time make in this behalf,

every Committee intending to impose taxes for the purposes of this Act shall, from time to time, give public notice of such intention, and shall in such notice define the persons or property within the town to be taxed for the purposes of this Act, and the amount or rate of the taxes to be imposed hereunder.

Objection to rates. Any inhabitant of such town objecting to such notice may, within a fortnight from the date of the said notice, send his objection in writing to the President of the Committee, and the Committee shall take such objection into consideration and report their opinion thereon to the Local Government.

Procedure thereon. When a fortnight from the date of the said notice has expired, if no such objections have been sent as aforesaid, or (where such objections have been sent in) if, in the opinion of the Committee, they are insufficient, the Committee may, with the previous sanction of the Local Government, to be notified in the Panj b Gazette, define the persons or property and the amount or rate of the taxes aforesaid, and may then impose such taxes accordingly.

The Local Government may from time to time make rules

as to the persons by whom, and the manner in which, any assessment of taxes under this Act shall be confirmed,

and for the collection of such taxes;

and for the safety and due application of them when collected;

and for the rendering and publishing of such estimates and accounts relating to the expenditure of the Municipal Funds, in such form as it may think fit.

No tax shall be collected under this Act, until the assessment thereof has been confirmed by the persons and in manner for the time being prescribed by such rules.

Rates and arrears of rates imposed under this Act may be recovered as if they were arrears of land-revenue.

All sums received by the Committee of any town to which this Act extends, and all fines levied under this Act, shall constitute a fund, which shall be called the Municipal Fund of such town, and shall, together with all property which may become vested in such Committee, be under their control, and shall be applied by them as trustees for the purposes of this Act.

Every Committee, so far as the Municipal Fund at their disposal permits, shall, after providing out of such Fund for a police establishment in manner hereinafter mentioned,

keep the public streets, roads, drains, tanks and water-courses of the town for which they are appointed clean and repaired;

and, generally, may do all acts and things necessary for the construction, repair and maintenance of local public works of general utility;

and may also make provision, by the establishment of new schools or the aiding of already existing schools for otherwise, for the promotion of education;

and may also make provision for promoting the public health, safety, comfort and convenience.

Every Committee shall set apart out of the Municipal Fund such sum as the Local Government from time to time requires for the maintenance of the police establishment in the town for which the Committee is appointed.

Every Committee may make rules for regulating

the time and place of their meeting;

the conduct of their business;

the division of duties among the members of the Committee;

the duties, salaries, appointment, suspension and, removal of the officers and servants of the Committee;

and other similar matters.

Any Committee may make bye-laws

(a) for defining, prohibiting and abating nuisances which are not public or common nuisances under the Indian Penal Code, or under Act No. V of 1861 (for the regulation of Police):

(b) for defining the cases, manner and times in and at which the officers of the Committee may enter upon private property for the detection and abatement of nuisances:

(c) for securing a proper registration of births and deaths;

(d) and for carrying out all or any of the purposes of this Act.

The Committee may, from time to time, repeal, alter or add to any bye-laws made under this section.

No bye-law, and no alteration or repeal of or addition to a bye-law, shall have effect until it has been confirmed by the Local Government.

All bye-laws made under this Act, and all rules made under section thirteen, and all alterations and repeals of and additions to such bye-laws and rules shall, before coming into force, be published for such length of time, and in such manner, as the Local Government from time to time directs.

The officers of the Committee shall have power to enter upon private property for the detection and abatement of nuisances when the Committee shall, under section fourteen, clause (b), have made bye-laws regulating the exercise of such power.

The Local Government may, by order, suspend or limit all or any of the powers of any Committee, and may also cancel any of their proceedings, rules or bye-laws, and remit or reduce, any tax which they have imposed.

Every Committee shall sue and be sued in the name of the President.

Contracts of Committees. Every contract made on behalf of any Committee in respect of any sum or property exceeding twenty rupees in amount or value, shall be in writing, and shall be signed by the President or Vice-President (if any) and at least two other members of the Committee.

No contract, unless so executed, shah be binding on the Committee on whose, behalf it is made.

Liability of members of Committees. No member of a Committee shall be personally liable for any contract made or expense incurred by or on behalf of the Committee; but the funds from time to time in the hands of the Committee shall be liable for, and chargeable with, contracts duly made as aforesaid.

Every member of a Committee shall be liable for any misapplication of money entrusted to the Committee, to which he has been a party, or which happens through, or is facilitated by, his neglect of his duty;

and he shall be liable to be sued for the same in such Court as the Local Government directs as for money due to the Secretary of State for India in Council.

No suit shall be brought against a Committee or any of their officers, or any person acting under their direction, for anything done, or purporting to be done, under this Act, until the expiration of one month next after notice in writing has been delivered or left at the office of the Committee, or at the place of abode of such person, stating the cause of suit and the name and place of abode of the intended plaintiff.

Unless such notice he proved, the Court shall find for the defendant.

Every such suit shall be commenced within three months next after the accrual of the right to sue and not afterwards.

And if any person to whom any such notice of suit as given shall, before suit brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover.

No member or servant of a Committee shall be interested, directly or indirectly, in any contract made with the Committee, and if any such person he so interested, he shall thereby become incapable of continuing in office or in employment as such member or servant, and shall be liable to a fine of five hundred rupees:

Provided that no person, by being a shareholder in, or member of, any incorporated or registered Company, shall be disqualified from acting as a member or servant of a Committee by reason of any Contract entered into between such Company and the Committee.

Nevertheless it shall not be lawful for such share-holder or member to act as a member of the Committee in any matter relating to any contract entered into between the Committee and such Company.

Whoever infringes any bye-law made and confirmed as directed in this Act, shall be liable to a fine not exceeding fifty rupees, and, in the case of a continuing infringement, to a fine not exceeding five rupees for every day after notice from the Committee of such infringement.

In default of payment of any fine imposed under, this section, the defaulter shall be liable to simple imprisonment for a term not exceeding eight days.

Prosecutions under this Act for infringements of bye-laws may be instituted before any Magistrate by the Committee, or by any person authorized by the Committee in this behalf.

Fines imposed under this Act may be recovered in manner provided by the Code of Criminal Procedure.