Punjab act 003 of 1911 : The punjab municipal act,1911

The Punjab Municipal Act, 1911

Punjab Act 3 of 1911 The Punjab Municipal Act, 1911

CONTENTS

Chapter I Preliminary

1. Title, extent and commencement.

2. Repeal - Saving Clause.

3. Definitions. Chapter II

Constitution of Committee

4. Specification of Local areas to be smaller urban areas or transitional areas and Constitution of Municipal Councils and Nagar Panchayats.

5. Alteration of limits of Municipality.

6. Omitted by Act 11 of 1994.

7. Omitted by Act 11 of 1994.

8. Reservation of offices Presidents. 8-A. Reservation of offices Presidents

9. Omitted by Act 11 of 1994.

10. Omitted by Act 11 of 1994. Chapter III

Committes

Constitution of Committee

11. Omitted by Act 11 of 1994.

12. Composition of Municipalities. 12-A. to 12-E Omitted by Act 11 of 1994.

13. Duration of Municipalities. 13-A. Power of State Government to direct holding of general election.

14. Dissolution of Municipalities.

15. Resignation of member of committee.

16. Powers of the State Government as to removal of members.

17. Filing of casual vacancies of Members.

18. Incorporation of Committee.

19. Officers, servants and members to be public servants.

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President and Vice President

20. Election of President and Vice-President.

21. Term of office of President and Vice-President.

22. Resignation [or removal] of President and Vice-President.

23. Casual vacancies in office of President or Vice President. Notofication of Elections and Appointments

24. Notification of election and oath or affirmation of allegiance. Conduct of Business

25. Times of holding Meetings.

26. Ordinary and special meeting.

27. Quorum.

28. Chairman of meeting.

29. Vote of majority decisive.

30. Record and publication of proceedings.

31. Bye-laws. Delegation of Powers

32. Delegation of certain powers and functions of State Government.

33. Delegation of certain powers and functions of committees.

34. Appointment of wards sub-committees.

35. Extraordinary powers of President or Vice-President in case of emergency. Joint Committee

36. Joint Committees. Defects in Constitution and irregularties

37. Vacancies and irregularities not to invalidate proceedings. Officers and Servants

38. Constitution of Municipal Services.

39. Employment of other officers and servants.

40. Omitted by Act 8 of 1974

41. Powers to demand punishment or dismissal.

42. Power to prevent extravagance in establishments.

43. Pensions, leave allowances and provident fund.

44. Pension, etc. in case of service partly under the Government and partly under committee.

45. Notice before discharge. Contracts

46. Authority to contract.

47. Mode of executing contracts and transfer of property.

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48. Penalty on member, officer or servant being interested in any contract made with a commit- tee.

Privileges and Liabilities

49. Suits against committee and its officers.

50. Liability of members of the committee. Chapter III-A

Functions of Municipalties

50-A. General powers of Municipalities. 50-B. Powers and Authorities of Municipalities. Chapter IV

Muncipal Fund and Property

51. Constitution of municipal fund.

52. Application of fund.

53. Payment of salary to president out of funds.

54. Custody of municipal fund.

55. Investment of same.

56. Property vested in committee.

57. Management of public institutions.

58. Acquisition of land.

59. Transfer to Government of property vesting in committee.

60. Saving of Act XI of 1879. Chapter V

Taxation

61. Taxes which may be imposed.

62. Procedure to impose taxes. 62-A. Power of Government in taxation. Procedure for Asessing Immovable Property

63. Preparation of assessment list.

64. Publication and completion of assessment list.

65. Public notice of time fixed for revising assessment list.

66. Settlement of lists.

67. Further amendments of Assessment list.

68. Preparation of new assessment list. 68-A. Power to amend assessment list in certain cases. General Provisions

69. Tax not invalid for defect of form.

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70. Power of the Committee in regard to taxes.

71. Powers of the State Government in regard to taxes.

72. Remission of tax on unoccupied immovable property.

73. Duty of furnishing true information regarding liability to municipal taxation.

74. Notice to be given to the committee of all transfers of title of person primarily liable to pay- ment of property tax.

75. Power of entry for the purposes of valuation or taxation.

76. Power of examine article liable to octroi.

77. Power to search where octroi is leviable.

78. Power to fix octroi or terminal tax limits and penalty for evasion of octroi or terminal tax. 78-A. Extension of taxation limits by agreement.

78-B. Taxation on articles exported.

79. Taxes when payable.

80. Recovery of taxes payable by owner.

81. Recovery of taxes, etc. 81-A. Recovery of water tax and water rate as arrears of land revenue.

82. Recovery of octroi and tools.

83. Powers to lease the collection of octroi or tolls.

84. Appeals against Taxation.

85. Limitation of appeal.

86. Taxation not to be questioned except under this Act. Chapter VI

Municipal Police

87. Police Establishment.

88. Relief of Committee from police charges.

89. Appointment, liabilities and duties of municipal watchmen.

90. Duties of municipal Police enrolled under Act V of 1861.

91. Powers and duties of police in respect of offences against Act and rules and assistance to municipal authorities.

92. Police protection at fairs, etc. Chapter VII

Extention and Prevention of Fire

93. Establishment and maintenance of fire-brigade.

94. Power of fire brigade and other persons for suppression of fires.

95. Limitation on operation of chapter. Cgapter VIII

Water Supply

96. Provision of water.

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97. Supply of water to connected premises.

98. Supply of water for other than domestic purposes.

99. Making connections with municipal water works.

100. Obligation of owner or occupier to give notice of waste of water.

101. Cutting off of supply to premises.

102. Power of the committee in respect of communications, etc.

103. Omitted.

104. Omitted.

105. Omitted. Chapter IX Powers for Sanitary and Other Purposes

106. Bathing and washing places. Burial and Burning Places

107. Powers in respect of burial and burning places.

108. Removal of corpses. Dangerous Animals

109. Disposal of mad and stray dogs and other animals.

110. Suffering dogs to be at large.

111. Control of elephants, bears or camels.

112. Taking elephants along public roads. Dangerous and Insanitry Building or Places

113. Power to require buildings, wells, tanks, etc., to be secured.

114. Buildings, etc., in dangerous state.

115. Cleaning of filthy building or land. 115-A. Paving or draining of cattle stands.

116. Power to prohibit use for human habitation of buildings unfit for such use.

117. Power to require owner to clear away noxious vegetation.

118. Power to require hedges and trees to be trimmed.

119. Power to require untenanted building becoming a nuisance to be secured or enclosed.

120. Prohibition of cultivation, use of manure or irrigation injurious to health. Dangerous and Offencive Trades

121. Regulation of offensive and dangerous trade. 121-A. Consent of committee to use of new factories.

122. Prohibition of cinematographs and dramatic performances except in licensed premises.

123. Power to prohibit such trades.

124. Use of steam whistles, etc.

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Drains and Privies

125. Provisions of drains, privies, etc.

126. Repair and closing of drains, privies, latrines, urinals and cesspools.

127. Unauthorised building over drain, etc.

128. Removal of latrines, etc., near any source of water supply.

129. Discharging sewerage. 129-A. Appointment of places for the emptying of drains and disposal of sewage.

130. Making or altering drains without authority.

131. Power to require removal of nuisance arising from tanks and the like. Laying and Connecting Pipes, Sewers and Like

132. Power of committee to lay or carry wires, pipes, drains, or sewers through private land subject to payment or compensation for damage sustained provided that no nuisance is cre- ated.

133. Provision as to wires, pipes, drains or sewers laid or carried above surface of ground.

134. Previous notice to be given.

135. Connection with main not to be made without permission of committee.

136. Connection may be made or required by the committee in the case of sewerage.

137. Power to prescribe size of ferrule and to establish meters and the like.

138. Communication and connection to be made subject to inspection by and to the satisfaction of committee.

139. Rates and charges may be fixed.

140. Troughs and pipes for rain water.

141. Information to be given of cholera, small pox, etc.

142. Removal to hospital of patients suffering from infectious diseases.

143. Disinfection of buildings and articles.

144. Penalty for letting infected houses.

145. Provision of places and appliances for disinfection.

146. Acts done by persons suffering from certain disorders.

147. Keeping of animals so as to be injurious to health.

148. Feeding animals on deleterious substances.

149. Prohibition by committee of use of unwholesome water.

150. Penalty for selling food or drink not of the nature, substance or quality of the article de- manded by the purchaser.

151. Soliciting alms.

152. Power over disorderly houses and prostitutes.

153. Brothel. Scavenging and House-Scavenging

154. Removal and deposit of offensive matters. 154-A. Preparation to compost manure. 154-B. Power to acquire, etc.

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154-C. Right of appeal and revision. 154-D. Jurisdiction of civil courts barred.

155. Failure to remove offensive matter.

156. Depositing or throwing of earth or material of any description on roads or into drains. 156-A. Spitting in places other than drains or receptacles provided.

157. Nuisance by children and others.

158. Definition of house scavenging.

159. Undertaking by committee of house-scavenging generally.

160. Saving in favour of customary sweepers and of agriculturist.

161. Continuance of house-scavenging once undertaken by committee.

162. Obligation of committee to perform house-scavenging properly.

163. Powers of municipal servants for house-scavenging purposes.

164. Vesting in committee of collection from house-scavenging.

165. Punishment of customary sweepers for negligence.

166. Punishment of cultivators for failure to provide for proper house-scavenging. Slaughter Houses

167. Places for slaughter of animals for sale.

168. Disposal of dead animals. Streets and Buildings

169. Powers in connection with streets.

170. Powers to require protection of streets during cutting down of trees, erection or demolition of buildings etc.

170-A. Notice to be given and sanction obtained before making a street. 170-B. Order of committee on notice being given under section [170- A]. 170-C. Sanction of committee with regard to new street.

170-D. Power of sanction.

170-E. Penalty.

170-F. Notice to owner of land under street.

171. Power to require repairs of streets and to declare such streets public.

172. Punishment for immovable encroachment or overhanging structure over street. 172-A. Punishment for encroachment upon land, premises or publoc place.

173. Power to permit occupation of public street and to remove obstruction.

174. Power to regulate line of building. 174-A. Special Provisions regarding streets belonging to Government

175. Removal or alteration of any balcony, projection or structure, etc., on payment or compen- sation.

176. Power to attach brackets for lamps. 176-A. Construction of stalls for displaced persons.

177. Destroying direction posts, lamp posts. etc.

178. Bill-sticking without permission.

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179. Names of streets and number of buildings.

180. Inflammable materials.

181. Roofs and external walls not to be made of inflammable materials.

182. Picketing animals and collecting carts.

183. Driving vehicles without proper lights.

184. Beating drums, etc.

185. Discharging fire-arms, etc.

186. Quarrying, blasting, cutting timber or building.

187. Power to levy fees at fairs. Chapter X

By-Laws

188. General bye-laws.

189. Prohibition of building without sanction.

190. Power of committee to make bye-laws as to erection or re-erection of buildings.

191. Special provision for cases where bye-laws have not been made under section 189(3).

192. Building scheme. 192-A. Punishment for erection re-erection of a building on sanitation of Building Scheme under section 192

193. Powers of committee to sanction or refuse erection or re-erection of building. 193-A. Power of committee to direct modification of a sanctioned plan of a building before its completion.

194. Lapse of sanction after one year from the date of such sanction.

195. Penalty for disobedience. 195-A. Power of committee to stay building operations.

196. Compensation.

197. Power of committee to regulate the manufacture, preparation and sale of food and drink. 197-A. Prohibition of possession or sale of wild birds and animals.

198. Omitted.

199. Penalty for infringement of bye-laws.

200. Procedure for making bye-laws.

201. Confirmation of bye-laws.

202. Bye-laws to be available for purchase and inspection. Chapter XI

Power of Entry and Inspection

203. Inspection of drains, privies and cesspools.

204. Inspection of buildings, etc.

205. Other powers of entry on buildings or lands.

206. Power to inspect places for sale of food or drink etc., and to seize unwholesome articles exposed for sale.

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207. Inspection of Weights and Measures and seizure of false weights etc.

208. Inspection of places for illicit slaughter of animals.

209. Refusal to suffer inspection under Sections 205 to 208.

210. Search for inflammable or explosive material in excess of authorized quantity.

211. Power of entry for purpose of preventing spread of disease.

212. General explanation.

213. Precautions to observe in entering. Notice and Consequences of Non-complaiance

214. Reasonable time for compliance to be fixed.

215. Authentication, service and validity of notices.

216. Service when owners and occupiers are different persons.

217. Mode of giving notice to owners or occupier of property.

218. Publication of public notices.

219. Penalty for disobedience of orders of committees. 219-A. Compensation for damage.

220. Power of committee in the event of non-compliance.

221. Penalty for obstruction.

222. Recovery of costs of execution.

223. Reliefs to agents and trustees. Payment of Compenseation by the Committee

224. Payment of compensation. Appeal Froms Orders, etc.,

225. Appeals from order of committee.

226. Prosecution to be suspended in certain cases.

227. Appeal from certain orders. Offences and Prosecution

228. Authority for prosecution.

229. Power of compound offences.

230. Member not be deemed intrested in prosecution. Chapter XII

Control

231. Control by Commissioner and Deputy Commissioner.

232. Powers to suspend any resolution or order of committee.

233. Extraordinary power of Deputy Commissioner in cases of emergency.

234. Power to provide for performance of duties.

235. Action of Deputy Commissioner to be immediately reported.

236. Power to State Government and its officers over committees.

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237. General powers of State Government over officers.

238. Omitted. 238-A. Omitted.

239. Disputes.

240. Power of State Government to frame forms and make rules. 240-A. A General control of the State Election Commission. Chapter XIII

Omitted by Act 11 of 1994

Chapter XIV

Omitted by Act 11 of 1994

Schedule I

Schedule II

Schedule III

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The Punjab Municipal Act, 1911

Punjab Act 3 of 1911 Received the assent of the Lieutenant-Governor of the Punjab on the 3rd May, 1911, and that of the Governor-General on the 7th July, 1911, and was first published in the Punjab Gazette of the 11th August, 1911.

An Act to make better provision for the Administration of Municipalities in ¹[Pun- jab].

For Statement of Objects and Reasons, see Punjab Gazette, 1910, Part V, page 145, for Report of Select Committee, see ibid, 1911, Part V. page 7, for proceedings in Council, see ibid, 1910, Part V, page 158, ibid, 1911, Part V, Pages 133, 151, 191. The Act came into force on 5th August, 1911 - vide Punjab Government Notification No. 43, dated 5th August, 1911, published in Punjab Gazette, 1911, Part I, page 527. Legislative History

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Whereas it is expedient to make better provision for the administration of munici-

palities in Punjab. It is hereby enacted as follows :-

CHAPTER I

Preliminary Section 1

1. Title, extent and commencement. - (1) This Act may be called the Punjab Mu- nicipal Act, 1911.

(2) It extends only to the territories¹³[-] administered by the 2 [Government] of

[Punjab] and

(3) It shall come into force on⁴such day as the⁵[State] Government may, by noti- fication in the Official Gazette, appoint in this behalf. Section 2

2. (1) Repeal. - The enactments mentioned in the Schedule are hereby repealed to the extent specified in the fourth column thereof.

(2) Saving Clause. - But all municipalities constituted, committees established, limits defined, appointments, rules, regulations, bye-laws and orders made, notifica- tions and notices issued, taxes, tolls, rates and fees imposed or assessed, contracts entered into, and suits instituted under the said Acts, or any enactment thereby re- pealed, shall, so far as may be, be deemed to have been respectively constituted,

1. Words "for the time being" omitted vide Government of India (Adaptation of Indian Laws) Order 1937.

2. Substituted for the word "Lieutenant- Governor" by Punjab Act 3 of 1933, section 2.

3. Substituted for "East Punjab" by Adaptation of Laws Order, 1950.

4 . This Act came into force on 1st October, 1911, see Punjab Gazette, 1911, Part I, page 527.

5 . Substituted for the word "Provincial" by the Adaptation of Laws Order, 195 1.

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established, defined, made, issued, imposed or assessed, entered into and instituted under this Act.

Section 3

3. Definitions - In this Act, unless there is something repugnant in the subject or context.-

1 (1) "annual value" means -

(a) in the case of land or building which is in the occupation of a tenant, the gross annual rent at which the land or building has actually been let:

Provided that in the event of increase in the rent, the Committee may make corresponding increase in the annual value :

Provided further that where the land or building has been let by the owner to any of his relations, and the Committee is of the opinion that the rent fixed does not represent the true rent, the rent fixed under the agreement of lease shall not be taken into consideration and the annual value shall be determined in accordance with the principles contained in clause (b);

(b) in the case of land or building which is occupied by the owner, the an- nual value shall be five per cent on the sum obtained by adding the pre- sent market value of the land and estimated cost of erecting the building less ten per cent depreciation :

Provided that in the calculation of annual value of any land and building, no account shall be taken of the furniture or machinery thereon ;

(c) in the case of any land on which no building has been erected but on which a building can be erected, and on any land on which a building is in the process of erection, the annual value shall be fixed at five per cent of the estimated market value of such land ;

(d) in the case of any land on which no building has been erected but on which a building can be erected, or which is partially built and is being used by erecting tents, temporary structures for the purpose of accom- modating marriage parties, circus shows or for any entertainment pur- poses or such other purpose as may be specified in this behalf by the Committee with the previous sanction of the State government the an- nual value shall be twenty per cent of the estimated market value of such land;

Note: Section 3(1) of the Act as amended by Punjab Act 11 of 1994 has been struck down in the case of Model Town Residents Association v. State of Punjab 2002(2) RCR(Civil) 248(P&H)(DB). The unamended section is beein reproduced below;

(1) "Annual value" means

(a) in the case of land, "the gross annual rent at which it may reasonably be expected to let from year to year" provided that in the case of land as- sessed to land revenue or of which the land revenue has been wholly or in part released, compounded for, redeemed or assigned, the annual value shall if, the State Government so direct, be deemed to be double the ag- gregate of the following amount, namely :

i) The amount of the land revenue for the time being assessed on the land,

1. Substituted by Punjab Amending Act 11 of 1994.

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whether such assessment is leviable or not; or when the land revenue has been wholly or in part compounded for or redeemed, the amount which, but for such composition, or redemption would have been levi- able; and

ii) When the improvement of the land due to canal irrigation has been ex- cluded from account in assessing the land revenue the amount of owner's rate or water advantage rate or other rate imposed in respect of such improvement;

(b) In the case of any house or building, the gross annual rent at which such house or building, together with its appurtenances and any furniture that may be let for use or enjoyment forthwith, may reasonably be expected to let from year to year subject to the following deductions :

i) such deduction not exceeding 20 per cent of the gross annual rent as the committee in each particular case may consider a reasonable allowance on account of the furniture let therewith;

ii) a deduction of 10 percent for the cost of repairs and for all other ex- penses necessary to maintain the building in a state to command such gross annual rent. The deduction under sub-clause shall be calculated on the balance of the gross annual rent after the deduction (if any) under sub-clause (i);

iii) where the land is let with a building, such deduction not exceeding 20 percent of the gross annual rent as the committee in each particular case may consider reasonable on account of the actual expenditure, if any, annually incurred by the owner on the upkeep of the land in a state to command such gross annual rent;

Explanation-I. - For the purpose of this clause, it is immaterial whether the house or building, and the furniture and the land let for use or enjoyment therewith, are let by the same contract or by different contracts and if by different contracts whether such contracts are made simultaneously or at different times.

Explanation-II. - The term "gross annual value" shall not include any tax payable by the owner in respect of which the owner and tenant have agreed that it shall be paid by the tenant.

(c) in the case of any house building, the gross annual rent of which cannot be determined under clause (b), 5 per cent on the sum obtained by adding the estimated present cost of erecting the building, less such amount as the committee may deem reasonable to be deducted on account of depre- ciation (if any) to the estimated market value of the site and any land at- tached to the house or building;

Provided that -

i) in the calculation of the annual value of any premises no account shall be taken of any machinery thereon;

ii) when a building is occupied by the owner under such exceptional circum- stances as to tender a valuation at 5 per cent on the cost of erecting the building, less depreciation, excessive a lower percent age may be taken.

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¹(2) "building" means any shop, house, hut, outhouse, stable, a factory, an industrial shed and a temporary structure erected by means of tents and structures raised for entertainment purposes whether roofed or not and whether used for the purposes of human habitation or otherwise and whether of masonry, bricks, wood, mud, thatched, metal or any other ma- terial whatever, and includes a wall and a well;

(3) "bye-laws" and "bye-law" means respectively the regulations made or to be made by the committee at a special meeting under the authority of this Act and any of such regulations.

(4) "committee" means a Municipal Council or a Nagar Panchayat, as the case may be, constituted under section 12 of this Act; ²[(4a) "Deputy Commissioner" or "Deputy Commissioner of the District"

includes Additional Deputy Commissioner, Joint Deputy Commissioner or any person or persons at any time appointed by the State Government to perform in any district or districts the functions of a Deputy Commis- sioner under this Act:

³[(4b) "District Planning Committee" means a Committee constituted under Article 243 ZD of the Constitution of India;

(4c) " election" means and includes the entire election process commencing on and from the date of notification calling for such election of members and ending with the date of declaration and notification of results thereof; Provided that no official shall be so appointed unless he has for three years exercised the powers of a magistrate of the first class.

(5) "erect or re-erect any building" includes -

(a) any material alteration or enlargement of any building,

(b) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation,

(c) the conversion into more than one place for human habitation of a building originally constructed as one such place,

(d) the conversion of two or more places of human habitation into a greater number of such places,

(e) such alterations of a building as effect an alteration of its drainage or sanitary arrangement, or materially affect its security,

(f) the addition of any rooms, buildings, out-houses or other structures to any building, and

(g) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land. ⁴[(5a) "Executive Officer" means an Executive Officer appointed under the provisions of the Punjab Municipal (Executive Officer ) Act 2 of 1931.]

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¹[(5b) "ex-officio member" means a member referred to in clause (ii) of sub- section (2) of section 12 of this Act;]

(6) "explosive" and "petroleum" have the meanings assigned to those words in the Indian Explosives Act, 1884, and the Indian Petroleum Act, 1899, respectively,

(7) "infectious disease" means cholera, plague, smallpox,²[tuberculosis] or such other dangerous disease as the State Government may notify in this behalf.

(8) "inhabitant" includes any person ordinarily residing or carrying on busi- ness, or owning or occupying immovable property, in any municipality or in any local area which, the State Government has by notification un- der this Act proposed to declare to be a municipality ; and in case of any dispute, means any person or persons declared by the³[Deputy Commis- sioner] to be inhabitant or inhabitants.

⁴[(8a) "land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street.]

⁵[(8aa) "market value" means the market value of the land or the building which is determined in accordance with the principles contained in sec- tion 23 of the Land Acquisition Act, 1894, or is determined in accordance with the provisions of the Registration Act, 1908;

(8b) "Municipal Council" means a Municipality constituted under sub- sec- tion (2) of section 4 of this Act for a smaller urban area ; and (8c) "Municipal area" means the territorial area of a Municipality specified under section 4 of this Act;'

⁶[(9) "Municipality" means an institution of self government constituted as a Nagar Panchayat or a Municipal Council under sub-section (2) of sec- tion 4 of this Act;]

[(9a) "Nagar Panchayat" means a Municipality constituted under sub- sec- tion (2) of section 4 of this Act for a transitional area;]^{7 8}[(9b) 'newly constituted committee' means a committee the members whereof have been elected at a general election but have been not taken or made an oath or affirmation of allegiance as required under section 24;]

(10) "occupier" includes an owner in actual occupation of his own land or building, and also any person for the time being paying or liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which the word is used : for the purposes of Chapter V and IX

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occupier shall include hotel-keeper, lodging house-keeper, and any owner whose premises are let to more than one tenant.

(11) "owner" includes the person for the time being receiving the rent of land and buildings, or either of them, whether on his own account or as agent or trustee for any person or society or for any religious or charitable pur- pose or who would so receive the same if the land or building were let to a tenant.

(11a) " population" means the population as ascertained at the last preceding Census, of which the relevant figures have been published; ¹[(11aa) "premises" means any land or building or part of a building and in- cludes -

(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and

(b) and fitting affixed to a building or part of a building for the more bene- ficial enjoyment thereof;]

(11b) "relation" in relation to an owner of any land or building means wife, husband, son, son-in-law, daughter, daughter-in-law, brother brother-in- law, sister, sister-in-law of such owner;";

(12) "rules" and "rule" mean, respectively, the rules made or to be made and notified by the State Government under the authority of this Act, and any one of such rules.

(12a) "State Election Commission" means the Election Commission Consti- tuted by the State Government under articles 243 K and 243 ZA of the Constitution of India;".

²[(3) (a) "street", shall mean any road, footway, square, court, alley, or pas- sage, accessible, whether permanently or temporarily to the public, and whether a thoroughfare or not; and shall include every vacant space, not- withstanding that it may be private property and partly or wholly ob- structed by any gate, post, chain or other barrier, if houses, shops or other buildings about thereon, and if it is used by any person as a means of ac- cess to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid :

and shall include also the drains or gutters therein, or on either side, and the land, whether covered or not by any pavement, verandah or other erec- tion, up to the boundary of any abutting property not accessible to the public.

(b) "public street" shall mean any street-

(i) heretofore levelled, payed, metalled, channelled, swerved, or repaired out of municipal or other public funds, unless before such work was carried out there was an agreement with the proprietor that the street

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should not thereby become a public street, or unless such work was done without the implied or express consent of the proprietor; or

(ii) which under the provision of section 171, is declared by the committee to be, or under any other provision of this act becomes, a public street.

(14) "vehicle" shall include bicycles, tricycles and automotor cars, and every wheeled conveyance which is used or capable of being used on a public street.

¹[(15) "Medical Officer of Health" means such person as the committee has appointed Medical Officer of Health, or such person as the [State] Gov- ernment may by notification appoint Medical Officer of Health or failing such appointment, the District Medical Officer of Health.]

(16) "factory" 2shall have the meaning assigned to it in the Indian FactoriesAct, 1911. ³[(17) "Public place" means a space which is open to the use or enjoyment of the public whether or not private property and whether or not vested in the committee.

(18) (a) "built area" is that portion of a municipality of which the greater part has been developed as a business or residential area.

(b) "unbuilt area" is an area within the municipal limits which is declared to be such at a special meeting of the committee by a resolution confirmed by the State Government, or which is notified as such by the State Gov- ernment.]

⁴[(19) "dung" for the purposes of sections 154-A and 154-B shall include night-soil, sewage, sullage, sludge, refuse, filth or rubbish or animal mat- ter of any kind.

(20) "compost manure" means the produce prepared from dung by subjecting it to the process of compost making in the manner prescribed by rules.] ⁵[(21) "prescribed" means prescribed by rules made under this Act.] Section 4

4. Specification of Local areas to be smaller urban areas or transitional areas and constitution of Municipal Councils and Nagar Panchayats.⁶(1) The State Government may, having regard to population of the area the density of the popula- tion therein, the revenue generated for local administration the percentage of employment in non- agricultural activities, the economic importance or such other factors, as it may deem fit, specify, by notification in the Official Gazette, any area to be a transitional area or a smaller urban area for the purposes of this Act :

Provided that no military cantonment or any part thereof shall be included in such transitional area or a smaller urban area :

Provided further that such an urban area or part thereof, as the State Govern-

19

20 The Punjab Municipal Act, 1911, Section 5

ment may, having regard to the size of the area and municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an industrial township shall not form part of a transitional area or a smaller urban area.

(2) Where an area is specified as a transitional area or as a smaller urban area under sub-section (1), the State Government may, by notification in the Official Gazette, constitute for the transitional area so specified a Nagar Panchayat and for the smaller urban area so specified a Municipal Council of the first class, second class or third class :

Provided that the State Government may, after consulting the Municipal Council by notification change its classification from one class to an- other.

(3) where any area which is within the jurisdiction of any other local authority, is constituted as or included in a transitional area or smaller urban area, the State Gov- ernment may pass such orders as it may deem fit as to the transfer of such area to the Nagar Panchayat of such transitional area or disposal otherwise, of the assets or in- stitutions of such local authority and as to the discharge of the liabilities, if any, of such local authority, relating to such assets or institutions.

(4) Where any area is excluded from a transitional area or a smaller urban area and included in the area of any other local authority, the State Government may pass such orders as it may deem fit as to the transfer to such local authority or disposal other- wise of, the assets or institution, of such local authority in that area or as to the discharge of the liabilities, if any, of such local authority, relating to such assets and institutions.

(5) Every area, which immediately before the commencement of the Punjab Mu- nicipal (Amendment) Act 11, 1994 was constituted as a Municipality under this Act, shall be deemed to have been constituted as smaller urban area under sub-section (1) and Municipality existing for that area before such commencement and specified in Schedule II shall be deemed to have been constituted under this Act for that area.

(6) Every area, which immediately before the commencement of the Punjab Mu- nicipal (Amendment) Act 11, 1994, was constituted as a Notified Area under section 241 of this Act, shall be deemed to have been specified as a transitional area or a smaller urban area under sub-section (1), and a Municipality of the category as indi- cated in schedule III shall be deemed to have been constituted under this Act for that area.

Section 5

1 5. Alteration of limits of Municipality.(1) The State Government may, from time to time, keeping in view the provisions of sub-section (1) of section 4 and after consultation with the concerned Municipality, by notification in the Official Gazette alter the limits specified for any municipal area so as to include therein or to exclude therefrom such area as may be specified in the notification.

(2) The power to issue a notification under sub-section (1) shall be subject to the condition of previous publication.

1. Substituted by Punjab Act No. 11 of 1994.

20

The Punjab Municipal Act, 1911, Section 6 21

Section 6

6. Section 6 omitted by Act 11 of 1994.

Section 7

7. Section 7 omitted by Act 11 of 1994

Section 8

8. Reservation of Seats.¹(1) In every Municipality, out of the total number of elected members determined under sub-section (3) of section 12, the State Govern- ment shall, by notification, reserve-

(a) such number of seats for the Scheduled casts as may be determined by the State Government, subject to the condition that the number of seats so re- served shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality, as the population of the Scheduled Castes, in the Municipal area bears to the to- tal population of that area, and, such seats may be allotted by rotation to different constituencies to be known as wards in the Municipality;

(b) one seat for the Backward Classes, and, such a seat may be allotted by ro- tation to different constituencies to be known as wards in the Municipal- ity.

(2) Not less than one-third of he total number of seats reserved under clause (a) of sub-section (1) shall be reserved for women belonging to the Scheduled Castes.

(3) Not less than one-third (including the number of seats reserved for women be- longing to the Scheduled Castes) of the total number of seats to be filled by direct election in every Municipality shall be reserved for women and such seats may be al- lotted by rotation to different constituencies to be known as wards in the Municipality.

Explanation.-In this section the expression,-

(a) "Scheduled Castes" shall have the meaning assigned to them in clause

(24) of Article 366 of the Constitution of India; and

(b) "Backward Classes" means the Backward Classes as the State Govern- ment may, from time to time, declare by issuing a notification in the Of- ficial Gazette.".

Section 8-A

8-A. Reservation of offices Presidents.²Offices of Presidents of the Municipali- ties in the State shall be reserved by rotation in the prescribed manner in the following ratio, namely :-

(a) five per cent for the Scheduled Castes;

(b) five per cent for women including women belonging to the Scheduled Castes ; and

(c) two per cent for the Backward Classes. Section 9

9. Section 9 Omitted by Act 11 of 1994.

21

22 The Punjab Municipal Act, 1911, Section 10

Section 10

10. Section 10 Omitted by Act 11 of 1994.

Section 11

11. Section 11 Omitted by Act 11 of 1994.

Section 12

12. Composition of Municipalities.¹(1) A Municipal Council or a Nagar Panchayat constituted under section 4 shall consist of a body of members, specified in section (3), having authority over such area.

(2) The Nagar Panchayat or the Municipal Council constituted under sub- section

(1) shall be a body corporate having perpetual succession and a common seal with powers, subject to the provisions of this Act, to hold, acquire and dispose of property and may by that name sue or be sued.

(3) The Nagar Panchayat or the Municipal Council constituted under sub- section

(1) shall consist of the following members, namely :-

(i) such number of elected members as may be determined from time to time by the State Government in accordance with the prescribed principles; and

(ii) all members of the Legislative Assembly of the State representing con- stituencies comprising wholly or partly the Municipal area."

Section 12-A

Section 12-A [Omitted by Act 11 of 1994] Section 12-B

Section 12-B [Omitted by Act 11 of 1994] Section 12-C

Section 12-C [Omitted by Act 11 of 1994] Section 12-D

Section 12-D [Omitted by Act 11 of 1994] Section 12-E

Section 12-E [Omitted by Act 11 of 1994]

Section 13

13. Duration of Municipalities.²(1) Every Municipality save as otherwise pro- vided in this Act, shall continue for five years from the date appointed for its first meeting and no longer.

Explanation :- In this section "first meeting" means the meeting of the newly con- stituted Municipality held for the election of its President and Vice- President under section 20 of this Act.

(2) All Municipalities existing immediately before the commencement of the Con- stitution (Seventy-Fourth) Amendment Act, 1992, shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the State Legislature.

(3) An election to constitute a Municipality shall be completed,-

22

The Punjab Municipal Act, 1911, Section 13-A 23

(a) before the expiry of its duration specified in sub-section (1);

(b) before the expiration of a period of six months from the date of its disso- lution:

Provided that when the remainder of the period for which the dissolved Mu- nicipality would have continued is less than six months, it shall not be necessary to hold any election under clause (b) for constituting the mu- nicipality for such period.

(4) The first election to a Municipality constituted under this Act after the com- mencement of the Punjab Municipal (Amendment) Act 1994, shall be held within a period of six months of its being notified as such.

(5) Elections to the Municipalities where no elected body exists immediately before the commencement of Punjab Municipal (Amendment) Act 1994, shall be held within a period of six months from the date of such commencement.

6. A Municipality constituted upon the dissolution of a Municipality before the ex- piration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub- section (1) had it not been so dissolved.

Section 13-A

13-A. Power of State Government to direct holding of general election.¹(1) Subject to the provisions of this Act and the rules made thereunder, the State Govern- ment, may, by notification, direct that a general election of the members of the Municipalities or an election to fill a casual vacancy shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Municipalities or group or groups of Municipalities.

(2) As soon as a notification is issued under sub-section (1), the Election Commis- sioner shall take necessary steps for holding such general election. Section 14

14. Dissolution of Municipalities.²(1) If in the opinion of the State Government, a Municipality is not competent to perform its duties or persistently makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses any of its powers, the State Government may, by an order publish, alongwith reasons thereof, in the Official Gazette, dissolve such Municipality:

Provided that a Municipality shall be given a reasonable opportunity of being heard before its dissolution.

(2) When a Municipality is dissolved under sub-section (1),-

(i) all members of the Municipality shall vacate their offices forthwith;

(ii) all powers and duties of the Municipality during its dissolution shall be exercised and performed by such person or authority, as the State Gov- ernment may, by notification, appoint in this behalf; and

(iii) all property in possession of the Municipality shall be held by the State Government.

23

24 The Punjab Municipal Act, 1911, Section 15

(3) Upon dissolution of a Municipality under sub-section (1) the State Government shall re-constitute a Municipality as specified under section 12 and election to recon- stitute such Municipality shall be completed before the expiration of a period of six months from the date of dissolution:

Provided that where the remainder of the period for which dissolved Munici- pality would have continued is less than six months, it shall not be nec- essary to hold any election under this sub-section for reconstituting the Municipality for such period.

(4) The Municipality reconstituted upon the dissolution of the existing Municipal- ity before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Municipality would have continued under section 13 had it not been so dissolved.

Section 15

1 [15. Resignation of member of committee.- If a member of committee wishes to resign his office he shall submit an application in writing through the Deputy Com- missioner to the State Government. If such resignation is accepted, it shall be notified in the gazette on a date not less than 15 days and not more than 60 days after the re- ceipt of the said member's application by the Deputy Commissioner whereupon the member shall be deemed to have vacated his seat:

Provided that if a member who has submitted an application to resign wishes to withdraw his resignation he may apply to the Deputy Commissioner within 15 days of the receipt by the Deputy Commissioner of his appli- cation to resign, and the application to resign shall then be deemed to have been withdrawn.]

Section 16

16. Powers of the State Gover2nment as to removal of members:-(1) The StateGovernment may, by notification [remove any member of a committee other than an associate member] :

(a) if he refuses to act, or becomes, in the opinion of the State Government, incapable of acting, or has been declared a bankrupt or an insolvent or has been convicted of any such offence or subjected by a criminal court to any such order as implies, in the opinion of the State Government, a de- fect of character which unfits him to be a member,

(b) if he has been declared by notification to be disqualified for employment in, or has been dismissed from, the public service and the reason for the disqualification or dismissal is such as implies in the opinion of the State Government a defect of character which unfits him to be a member;

(c) if he has³[without reasonable cause in the opinion of the State Govern- ment absented himself for more than three consecutive months from the meetings of the committee.

(d) if his continuance in office is, in the opinion of the State Government, dangerous to the public peace or order;

(e) if, in the opinion of the State Government he has flagrantly abused his po-

1. Substituted for the old section by Punjab Act 3 of 1933, section 6.

2. Substituted by Punjab Act 10 of 1972, section 8.

24

The Punjab Municipal Act, 1911, Section 17 25

sition as a member of the committee or has through negligence or mis- conduct been responsible for1 the loss, or misapplication of any money orproperty of the committee:] ²(f) if he has, since his election or co-option, become subject to any disquali- fication which, if it had existed at the time of his election or co-option, would have rendered him ineligible under any rule; for the time being in force regulating the qualification of candidates for election, or if it ap- pears that he was at the time of his election or co- option, subject to any such disqualification:]

³[(g) if, being a legal practitioner, he acts or appears in any legal proceeding on behalf of any person againt the committee, or on behalf of or against the Government where in the opinion of the State Government such ac- tion or appearance is contrary to the interests of the committee. 4 [Provided that before the State Government notifies the removal of a mem- ber under the section, the reasons for his proposed removal shall be com- municated to the member concerned and he shall be given an opportunity of tendering an explanation in writing].

5 [(2) A person removed under this section 6 [.... ...] or whose election or appointment has been deemed to be invalid under the provisions of sub-section (2) of section 24, or whose election has been declared void for corrupt practices or intimidation under the provisions of section 255, or whose election the State Government⁷[or the Dep- uty Commissioner] has under section 24 refused to notify, shall be disqualified for election for a period not exceeding five years:

Provided that a person whose election or appointment has been deemed to be invalid under the provisions of sub-section (2) of section 24, shall not be disqualified for election or appoin8tment for a period exceeding two yearsfrom the date of disqualification. [(3) A person, whose seat has been va- cated under the provisions of section 14(2) may be disqualified for elec-

tion for a period not exceeding five years.]

Section 17

17. Filing of casual vacancies of Members.⁹(1) Whenever a vacancy occurs by death, resignation, removal or otherwise of a member, the same shall be filled up by way of election :

Provided that if the vacancy so occurred relates to the Scheduled Castes Backward Classes or to women it shall be filled up out of the persons be- longing to the category to which it relates.

(2) A person elected to fill up a casual vacancy shall be elected for the remainder of his successors' term of office :

Provided that where the remainder of the period for which a member is to be

1. See Punjab Act 3 of 1933.

25

26 The Punjab Municipal Act, 1911, Section 18

elected, is less than six months, it shall not be necessary to hold any elec- tion to fill up such a vacancy.

Section 18

18. Incorporation of Committee:- Every committee shall be a body corporate by the name of the municipal committee of its municipality; and shall have perpetual succession and a common seal, with power to acquire and hold property, both mov- able and immovable, and subject to the provisions of this Act, or of any rules made thereunder to transfer any property held by it to contract and to do all other things nec- essary for the purposes of its constitution; and may sue and be sued in its corporate name.

Section 19

1 [19. Officers, servants and members to be public servants:- Every officer or servant employed by the committee whether for the whole or part of his time and every member of the committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]

Section 20

20. Election of President and Vice-President.²(1) Every Municipality shall, from time to time, elect one of its members to be its president, and the member so elected shall, on being notified by the State Government, shall become President of the Municipality.

(2) Every Municipality may also, from time to time, elect one or two of its members to be Vice-President or Vice-Presidents and when two Vice- Presidents are elected on the same date, the Municipality shall declare which of them shall be deemed to be the senior.

(3) Notwithstanding anything contained in this section an ex-officio member shall not be eligible for election as President or Vice-President of the Municipality. Section 21

21. ³Term of office of President and Vice- President :- The term of office of President of a Municipality shall be co- terminus with the term of the Municipality.

(2) The term of office of Vice-President of the Municipality shall be such as the Municipality may fix under its bye-laws.

(3) An outgoing President or the Vice-President shall, if otherwise qualified, be eli- gible for the re-election.

Section 22

22. Resignation [or removal]⁴ of President and Vice-President. - Whenever a President or Vice-President vacates his seat or tenders in writing to the committee his resignation of his office, he shall vacate his office; and any president or vice-presi- dent may be removed from office by the⁵[State] Government on the ground of abuse of his powers of or habitual failure to perform his duties or in pursuance of a resolu- tion requesting his removal passed by two-thirds of the members of the committee :

1. Substituted for the old section by section 8 of Punjab Act 2 of 1923.

26

The Punjab Municipal Act, 1911, Section 23 27

1 [Provided that if a resolution requesting the removal of the President or the Vice-President is passed by two-thirds of the members of the committee the President or, as the case may be the Vice- President shall be deemed to be under suspension immediately after such resolution is passed] :

Provided further that before the²[State] Government notifies his removal, the reason for his proposed removal shall be communicated means of a registered letter in which he shall be [called upon]³ to him by

to tender

within twenty-one days an explanatio4n in writing and if no such expla-nation is received in the office of the [appropriate Secretary to Govern- men

the⁵

t] within twenty one days of the despatch of the said registered letter, [State] Government may proceed to notify his removal. Section 23

23. Casual vacancies in office of President or Vice President. - Upon the occur- rence of any vacancy in the office o6f President or Vice-President, a new President orVice-President shall be elected [ ] in manner provided by Section 20. Section 24

⁷[24. Notification of election and oath or affirmation of allegiance. - (1) No

elected member of a Municipality shall enter upon his duties as such member until he

has taken or made, at a meeting of the Municipality, an oath or affirmation of his al-

legiance to India in the following form, namely :-

"I, A.B. having been elected Member of the Nagar Panchayat or Municipal Council of.......do hereby solemnly swear (or affirm) that I will be faithful and bear true allegiance to India and to the Constitution of India as by the law established and I will faithfully discharge the duties upon which I am about to enter".

(2) The State Government shall notify in the Official Gazette every election of President of a Municipality and no President shall enter upon his duties as such until his election is so notified :

Provided that the State Government may refuse to notify the election as President of any person who has incurred a disqualification under this Act or under any other law for the time being in force, subsequent to his election as member of the Municipality :

Provided further that the State Government shall not refuse to notify the elec- tion of the President without giving an opportunity of being heard to the concerned person.

Conduct of Business

Section 25

25. Times of holding Meetings. - (1) Every committee shall meet for the trans- action of business at least once in every month at such time as may, from time to time, be fixed by the bye-laws.

1. See Punjab Act 19 of 1982

27

28 The Punjab Municipal Act, 1911, Section 26

(2) The President or, in the absence¹[or during the vacancy of his office²[or during his suspension under 3Section 22] a Vice-President may, whenever he thinks fit andshall on a requisition [specifying the purpose of the meeting made in writing] by not less than one fifth of the members of the committee, convene either an ordinary or a

special meeting at any other time.

4 [(3) If the President or the Vice-President, as the case may be, fails to call a meet-

ing of the committee within a period of fourteen days from the date of receipt of

requisition, the members who had signed the requisition may convene a meeting of

the committee in accordance with the bye-laws of the committee within a period of

thirty days of the making of such requisition and notwithstanding anything contained

in this Act such meeting shall be deemed to be a validity conveyened meeting :

Provided that no business other than that specified in the requisition shall be

transacted in such meeting and the quorum for such a meeting shall be as

provided for a special meeting under sub-section (1) of Section 27.

Section 26

26. Ordinary and special meeting. - (1) Every meeting of committee shall be either ordinary or special.

(2) Any business may be transacted at an ordinary meeting unless required by this Act or the rules to be transacted at a special meeting.

⁵[(3) When a special and an ordinary meeting are called for the same day the spe- cial meeting shall be held as soon as the necessary quorum is present.] Section 27

27. Quorum. - (1) The quorum necessary for the transaction of business at a spe- cial meeting of a committee shall be one-half of the number of the committee actually serving at the time, but shall not be less than three.

(2) The quorum necessary for the transaction of business at an ordinary meeting of a committee shall be such number or proportion of the members of the committee as may, from time to time, be fixed by the bye-laws, but shall not be less than three :

Provided that, if at any ordinary or special meeting of a committee a quorum is not present, the chairman shall adjourn the meeting to such other day as he may thin fit, and the business which would have been brought be- fore the original meeting if there had been a quorum present shall be brought before, and transacted at, the adjourned meeting, whether there be a quorum present thereat or not.

Section 28

28. Chairman of meeting. - At every meeting of a committee the President, if pre- sent, or, in his absence or during the vacancy of office,⁶[or during his suspension under Section 22 the senior Vice- President present, a7nd if there be no President orVice-President present, then such one of their number [other than an associate mem- ber] as the members present may elect shall preside as chairman.

28

The Punjab Municipal Act, 1911, Section 29 29

Section 29

29. Vote of majority decisive. - Except as otherwise provided by this Act or the rules, all questions which come before any meeting of a committee shall be decided by a majority of the votes of the members present, the chairman of the meeting, in case of an equality of votes, having a second or casting vote. Section 30

30. Record and publication of proceedings. - (1) Minutes of the proceedings at each meeting of a committee shall be drawn up and recorded in a book to be kept for the purpose, shall be signed by the chairman of th1e meeting or of the next ensuingmeeting, shall be published in such manner as the [State] Government may direct, and shall, at all reasonable times and without charge, be open to inspection by any in-

habitant.

(2) A copy of every resolution passed at any meeting of a committee shall, within three days from the date of the meeting, be forwarded to the Deputy Commissioner. Section 31

²[31. Bye-laws. - Every committee may, from time to time, and shall, if so required by the State Government provide by bye-laws consistent with this Act and with the rules for] -

(a) the time and place of its meeting ;

(b) the manner in which notice of ordinary and special meetings and ad- journed meetings shall be given ;

(c) the quorum necessary for the transaction of business at ordinary meetings;

(d) the conduct of proceedings at meetings and the adjournment of meeting;

(e) the custody of the common seal and the purposes for which it shall be used;

(f) the appointment of sub-committees and their duties, the division of duties among the members of the committee and the powers to be exercised by such members as are primarily responsible for the current executive ad- ministration, whether Presidents, Vice-Presidents members of sub-com- mittees or individual members ;

(g) the persons by whom receipts shall be granted on behalf of the committee for money received under this Act ;

3 [(gg) the condition on which registers, documents, maps and plans of the Committee may be inspected by the public, and copies of them supplied, and the fees payable for such inspection or for the supply of such copies;]

(h) the appointment, duties, executive powers, leave, suspension and re- moval of its officers and servants ;

(i) the term for which a Vice-President shall hold office ;

(j) appeal from executive orders of sub-committees, the President, Vice- President, member, officers and servants of the committee ;

(k) all other similar matters.

1. Substituted by Punjab Act 3 of 1933.

29

30 The Punjab Municipal Act, 1911, Section 32

1 [(2) No bye-laws made under clause (c) or clause (d) or clause (f) of sub-section

(1) shall take effect until it has been approved by the²[State] Government.] 3 (3) Every bye-law made under this section shall be published in such manner as the[State] Government may direct. Delegation of Powers

Section 32

⁴[32. Delegation of certain powers and functions of State Government. - The

State Government may, by notification, delegate all or any of its powers under this Act, except the power to frame forms or make rules under Section 240, to any officer not below the rank of an Extra Assistant Commissioner, subject to such restrictions and conditions as may be specified in the notification.]

Section 33

⁵[33. Delegation of certain powers and functions of committees. - (1) Notwith- standing anything in this Act every committee may subject to the provisions of Section 46, with the previous sanction of the State Government⁶[.....] by resolution delegate :-

(a) to the President, a Vice-President, the Secretary or a sub- committee all or any of the power7s conferred upon 'the committee by Sections 39, 72,75, 77, 97, 98, 101, [ ] 109(1), 110, 113, 114, 115, 115-A, 117, 118, 119, 122, 124, 126, 127, 128, 129, 130, 131, 140, 142, 143, 1845(b) and (c),166, 169(c), 170, 170-A (1) and (2), 172(2), 173, 176, [176-A], 191, 195-A, 203 to 208 (both inclusive), 210, 211, 212, and 220 ;

(b) to the Medical Officer of Health all or any of the powers conferred upon the committee under Sections 39, 105, 109, 113, 114, 115, 115- A, 116, 117, 118, 119, 125, 126, 128, 131, 142, 143, 144, 145, clauses (b) and (c), 146, 149, 155, 157, 166, 182, 203, 204, 205, clause (b), 206, 208, 211 and 212 ;

(c) and to the Inspector-General of Civil Hospitals, Civil Surgeon of the dis- trict or any officer of the Department of Public Instructions or Public Health all or any of the powers conferred upon the committee under Sec- tion 39 ;

(d) and to the Municipal Engineer the powers conferred upon the committee under Section 195-A and under Section 195, except to the extent that composition under that section shall require the sanction of the commit- tee ;

in respect of all or particular classes of cases arising under these sections, and for

1. Substituted by Punjab Act 3 of 1933

30

The Punjab Municipal Act, 1911, Section 34 31

the whole or any part of the municipality and may, by resolution, withdraw the pow- ers so delegated.

(2) The delegation by the committee of any power under sub-section (1) may be made subject to the condition that all or any orders made in pursuance or such dele- gation shall be subject to the right of appeal to or revision by, the committee within such period as may by bye-law be prescribed.]

Section 34

341. Appointment of wards sub-committees. - (1) With the previous sanction ofthe [State] Go may prescribe,²

vernment, and subject to such conditions as the State Government [a committee may appoint a sub-committee consisting of such mem- bers as it may deem fit for the management of any one or more wards] and may delegate to the sub-committee all or any of the powers of the committee to be exer- cised within the ward or wards.

(2) The sub-committee shall, if necessary, from time to time, appoint one of its members to be chairman of the sub-committee.

Section 35

³[35. Extraordinary powers of President or Vice-President in case of emer- gency. - (1) On the occurrence or threatened occurrence of any event involving or likely to involve extensive damage to property or danger to human life or grave in- convenience to the public, the President or the Executive Officer or, in the absence of the President or during the vacancy of his office, a Vice- President may, if in his opinion there is an emergency necessitating action before the matter can be consid- ered by the committee, direct the execution of any such work or the doing of any such act which the committee is empowered to execute or do, as the emergency shall in his opinion justify or require, and may direct that the expense of executing such work or doing such act be paid from the municipal fund :

Provided that every such action taken under this section shall be reported to the committee at its next meeting.

(2) The President or Vice-President⁴[or the Executive Officer] shall not act under this section in contravention of any order of the committee.

(3) The President⁵[or in his absence] or during the vacancy of his office a Vice- President may prohibit, until the matter has been considered by the committee, the doing of any act which is in his opinion undesirable in the public interest :

Provided that the act is one which the committee has power to prohibit.

(4) No direction given in this section shall be questioned in any court on the ground that the case was not one of emergency.

1. Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950

31

32 The Punjab Municipal Act, 1911, Section 36

Joint Committees Section 36

36. Joint Committees. - A committee may concur with any other committee, or with any district board, or with any cantonment authority, or with more than one such committee, board or authority in appointing out of their respective bodies a joint com- mittee for any purpose in which they are jointly interested and in delegating to any such joint committee any power which might be exercised by either or any of the committees, boards or authorities concerned, and in framing or modifying regula- tions as to the proceedings of any such joint committee, and as to the conduct of correspondence relating thereto.

Defects in Constitution and Irregularities

Section 37

37. Vacancies and irregularities not to invalidate proceedings. - No act done or proceeding taken under this Act shall be questioned on the ground merely of the ex- istence of any vacancy in any committee or joint committee, or on account of any defect or irregularity not affecting the merits of the case. Officers and Servants

Section 38

¹[38. Constitution of Municipal Services. - (1) Notwithstanding anything con- tained in this Act, the State Government may by notification, constitute in the prescribed manner all or any of the following Municipal Services, namely :-

(i) Punjab Service of Municipal Executive Officers ;

(ii) Punjab Service of Municipal Engineers and Sectional Officers ;

(iii) Punjab Service of Municipal Health Officers ;

(iv) Punjab Service of Municipal Secretaries ;

(v) Punjab Service of Municipal Accountants ; and

(vi) such other Municipal Services as the State Government may decide.

(2) The State Government may make rules for regulating the recruitment and the conditions of service of members of the Municipal Services referred to in sub-section

(1) and for the classification of such Services.

(3) The State Government may transfer any member of a Municipal Service from a post in one committee to a post carrying the same scale of pay in another committee.

(4) The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Municipal Services in accordance with the condi- tions of their service shall be charged from the municipal fund in the prescribed manner.

(5) Creation of posts in a Municipal Service and appointment of members thereto shall be made by the State Government or by an authority empowered by the State Government in this behalf after taking into consideration the requirements of the

32

The Punjab Municipal Act, 1911, Section 39 33

committees and their financial capacity but no such member shall be deemed to have been appointed to any civil service or post under the State.

(6) Every person, who, immediately before the issue of a notification under sub- section (1), is serving in a committee on a post in relation to which a Municipal Service is constituted, shall, on the issue of such notification, become a member of the corresponding Municipal Service, if he is found fit by an authority appointed by the Government in this behalf for becoming such a member on the basis of his quali- fication and service record :

Provided that his terms and conditions of service in so far as they relate to re- muneration, gratuity and provident fund shall not be varied to his dis-ad- vantage on his becoming a member of the Municipal Service :

Provided further that any such person may, by notice in writing given to the State Government, within a period of thirty days of the constitution of the Municipal Service, intimate his intention of not becoming a member of such Service and where such an intimation is given that person will not become a member of the corresponding Municipal Service and will con- tinue to be governed by the same terms and conditions of service as were applicable to him immediately before the constitution of the Municipal Service.

¹[(6-A). In the case of a person who is not found fit under sub section 6 for becom- ing a member of the corresponding Municipal Service the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Munici- pal (Second Amendment) Act, 1976, if the decision that he is not so fit was taken at any time before such commencement and in the case of others as and when such a de- cision is taken :

Provided that the Government may appoint such a person, with his consent on a post in any other Municipal Service to which he may be found suit- able.]

²[(7) Recruitment of members of the Municipal Services referred to in sub-section

(1) shall be made by the State Government or by any authority empowered by the State Government in this behalf and nothing contained in the Punjab Public Service Commission (Additional Functions) Act, 1955, shall be deemed to apply to or require consultation with the Punjab Public Service Commission in respect of such require- ment.]

Section 39

39. Employment of other officers and servants. - (1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, a committee may, and if so required by the State Government shall, employ other officers and servants and may assign to such officers and servants such remuneration as it may think fit, and may suspend, remove, dismiss, or otherwise punish any officer or servant so appointed. 3 [Provided that no person who is a member of a committee shall be employed by a committee during the tenure of his term and for a period of twelve months thereafter.

33

34 The Punjab Municipal Act, 1911, Section 40

¹[(2) Nothing in this section shall prevent the State Government from making any provision in the rules under this Act for the reservation of appointments or posts and to lay down methods to secure such reservation in favour of members of the Sched- uled Castes, the Scheduled Tribes and such other backward classes of citizens which in the opinion of the State Government are not adequately represented in the services under the Municipal Committee.]

Section 40

40. [Omitted by Act 8 of 1974]

Section 41

41. Powers to demand punishment or dismissal. - If in the opinion of the State Government any officer or servant of the committee is negligent in the discharge of his duties, the committee shall on the requirement of the State Government, suspend, fine or otherwise punish him : and if in the opinion of the State Government he is unfit for his employment, the committee shall dismiss him

2 [Provided that before requiring the committee to suspend, fine or otherwise punish any officer or servants or before declaring any officer or servant as unfit for employment, the State Government shall give to the con- cerned officer or servant an opportunity of being heard.]

Section 42

3 42. Power to prevent extravagance in establishments. - If, in the opinion of the[Deputy Commissioner], the number of person employed by a Committee as offi- cers or servants, or whom the Committee may propose to employ as such⁴[other than

those officers or servants, in respect whereof a Municipal Service has been consti-

tuted] or the remuneration assigned by the committee to those per5sons or any of themis excessive, the committee shall, on the requirement of the [Deputy Commis- sioner], reduce the number of those persons or the remuneration, as the case may be:

Prov6ided that the committee may appeal against any such requirement to the[State] Government, and the decision of the State Government, on any such appeal shall be final.

Section 43

43. Pensions,7 leave allowances and provid8ent fund. - If an officer or servant ofa committee is [person in the service of the [Government)], the committee may-

(a) if his services are wholly lent to it,⁹[make such contributions to his pen- sions, gratuity and leave allowances as may be required by the conditions of his service under the Government to be paid by him or on his behalf] ; and

(b) if he devotes only a part of his time to the performance of duties on behalf

34

The Punjab Municipal Act, 1911, Section 44 35

of the committee, contribute to his pension gratuity and leave allowance in such proportion as may be determined by the¹[State] Government.

(2) If an officer or servant of a committee is not a²[person in the service of the Gov- ernment], the committee may, subject to such conditions as the State Government may prescribe-

(a) grant him leave, absentee or acting allowance ; and 3 [(b) if his pay is less than 4 [seventy rupees] a month, either permit him to contribute to a provident or annuity fund established under (c) or grant him a gratuity on retirement ; and

(c) if his pay is over seventy rupees a month establish and maintain a provi- dent or annuity fund and compel him to contribute thereto.]

(d) where such a fund has not been established or where such a fund has been established but he has been contributing thereto for less than the whole of his service, grant him a gratuity or purchase or arrange for an annuity for him on his retirement.

(3) With the sanction of the⁵[State] Government the committee may give an ex- traordinary pension or gratuity-

(a) to any officer or servant injured in the execution of his duty;

(b) to the family of any officer or servant who is killed in the execution of his duty or whose death is due to devotion to duty.

(4) A pension, gratuity or annuity shall not exceed the sum to which⁶[... ... ... ... ... ...] such officer or servant or his family would be entitled if the service had been service under the Government.

Section 44

44. Pension, etc. in case of service partly under the Government and partly under committee. - (1) If a person serving or having served under a committee has been or is transferred from or to the service of the Government or is partly employed by the Government and partly by a committee, the committee shall⁷[make] such con- tributions to his pension and leave allowances as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf]. ⁸[(2) In the absence of a written contract to the contrary, the committee may dis- pense with the services of any such person by giving the⁹[Government concerned] one month's previous notice.]

35

36 The Punjab Municipal Act, 1911, Section 45

Section 45

45. Notice before discharge. - (1) In the absence of a written contract to the con- trary, every officer or servant e1mployed by a committee shall be entitled to onemonth's notice before discharge [... ... ... ...] unless he is discharged during a pe- riod of probation or for misconduct or was engaged for a specified term and

discharged at the end of it.

²[(2) Should any officer or servant employed by a committee, in the absence of a

written contract authorising him so to do, and without reasonable cause, resign his

employment or absent himself from his duties without giving one month's notice to

the committee he shall be liable to forfeit a sum not exceeding one month's wages out

of any wages due to him, and if no wages, or less than one month's wages, are due

to him, he shall be liable to a penalty not exceeding wages for one month or an amount

equal to the difference between one month's wages and the wages due to him, which

shall be recoverable in the manner provided by Section 81].

³[(3) --]

⁴[(4) --].

Contracts

Section 46

⁵[46. Authority to contract. - (1) The committee of any municipality of the first

class6 may, subject to the provisions of this Act, delegate to one or more of its mem-bers [other than an associate member] the power of entering on its behalf into any particular contract whereof the value or amount does not exceed five hundred rupees,

or into any class of such contracts.

(2) No contract by or on behalf of any committee whereof the value or amount ex- ceeds five hundred rupees shall be entered into until it has been sanctioned at a meeting of committee.]

Section 47

47. Mode of executing contracts and transfer of property. - (1) Every contract made by or on behalf of the committee of any municipality of the first class whereof the value or amount exceeds one hundred rupees, and ever7y contract made by or onbehalf of the committee of any municipality of the second [and third class] whereof the value or amount exceeds fifty rupees, shall be in writing, and must be signed by

two members, of whom the President or a Vice President shall be one, and counter-

signed by the Secretary :

Provided that, when the power of entering into any contract on behalf of the

committee has been delegated under the last foregoing section, the sig-

nature or signatures of the members to whom the power has been dele-

gated shall be sufficient.

(2) Every transfer of immovable property belonging to any committee must be

1. The words "or to one month's wages in lieu thereof" omitted by Punjab Act 24 of 1973, Section 12

36

The Punjab Municipal Act, 1911, Section 48 37

made by an instrument in writing, executed by the President or Vice President, and by at least two other members of committee, whose execution thereof shall be at- tested by the Secretary.

(3) No contract or transfer of the description mentioned in this section executed otherwise than in confirmity with the provisions of this section shall be binding on this committee.

Section 48

¹[48. Penalty on member, officer or servant being interested in any contract made with a committee. - (1) If any member, officer or servant of a com of a joint committee, without the previous permission in writing of the² mittee or

[Deputy

Commissioner] voluntarily renders himself interested in any contract made with that committee, or if within one month of his becoming interested in any such contract he neither resigns or obtains the permission in writing of the³[Deputy Commissioner] for his remaining a member, officer or servant of the committee in spite of his interest in such contract, he shall be deemed to have committed an offence under Section 168 of the Indian Penal Code :

Provided that for the purposes of this sub-section a person who has been elected but whose election has not been notified shall be deemed to be a member.]

(2) No member, officer or servant of a committee or a joint committee shall by rea- son only of his being a shareholder, in, or a member of, any incorporated or registered company, be held to be interested in any contract entered into between the said com- pany and the committee ; or joint committee but no such person as aforesaid shall take part in any proceedings of the committee or joint committee relating to any such con- tracts.

Privileges and Liabilities

Section 49

49. Suits against committee and its officers. - No suit shall be instituted against a committee, or against any officer or servant of a committee, in respect of any act purporting to be done in its or his official capacity, until the expiration of one month next after notice in writing has been, in the case of a committee, delivered or left at its office, and in the case of an officer or servant, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff : and the plaint must contain a statement that such notice has been so delivered or left :

Provided that nothing in this section shall apply to any suit instituted under Section 54 of the Specific Relief Act, 1877.

Section 50

4 [50. Liability of members of the committee. - (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a committee, if such loss, waste or misapplication is reported by the Examiner of Local Fund Accounts, or other audit authority empowered by the⁵[State] Government in this behalf to be a direct consequence of his neglect or misconduct in the performance

37

38 The Punjab Municipal Act, 1911, Section 50-A

of his duties while a member of the committee; and he may after being given an op- portunity, by notice served in the manner provided for the service of summonses in the Civil Procedure Code, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Deputy Commissioner.¹[- - -] and if the amount is not paid within fourteen days from the expiry of the period of appeal pre- s2cribed by sub-section (2) the Collector at the request of the Deputy Commissioner[- - -] shall proceed forthwith to recover the amount as if it were an arrear of land revenue and have it credited to the municipal fund.

(2) The person against whom an order under³[sub-section] (1) is made, may within thirty days of the notification of such order appeal to the⁴[State Government]⁵[- - -] who shall appoint an officer to hear the appeal : and the appellate authority shall have the power of confirming, modifying or disallowing the surcharge :

Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member :

Provided further that nothing in this section shall be deemed to debar the ag- grieved party from seeking a remedy in a civil court against an order made under sub-section (1).

6 [(3) Nothing in this section shall apply to an associate member]. CHAPTER III-A⁷

Functions of the Municipalities

Section 50-A

50-A. General powers of Municipalities. (1) Subject to the provisions of this Act and the rule, regulations and bye-laws made thereunder, the municipal administration of a smaller urban area and a transitional area shall vest in the Municipal Council and a Nagar Panchayat respectively.

(2) Without prejudice to the generality of the provisions of sub-section (1), it shall be the duty of the Municipality to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.

Section 50-B

50-B. Powers and Authorities of Municipalities. - (1) Without prejudice to the generality of the provisions of sub-section (1) of Section 50-A, the State Government may, by notification endow the Municipalities with such powers and authorities as

38

The Punjab Municipal Act, 1911, Section 51 39

may be necessary to enable them to function as institutions of self-government, sub- ject to such conditions as may be specified therein, with respect to,-

(i) the preparation of plans for economic development and social justice;

(ii) the performance of functions and implementation of the schemes which may be entrusted to them including the following, namely :-

(1) urban planning including town planning;

(2) regulation of land-use and construction of building;

(3) planning for economic and social development;

(4) roads and bridges;

(5) water supply for domestic, industrial and commercial purposes;

(6) public health, sanitation conservancy and solid waste management;

(7) fire services;

(8) urban forestry, protection of the environment and promotion of eco- logical aspects;

(9) safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;

(10) slum improvement and upgradation;

(11) urban poverty alleviation;

(12) provisions of urban amenities and facilities such as parks, gardens and playgrounds;

(13) promotion of cultural, educational and aesthetic aspects;

(14) burials and burial grounds, cremations, cremation grounds and elec- tric crematoriums;

(15) cattle ponds and prevention of cruelty to animals;

(16) vital statistics including registration of births and deaths;

(17) public amenities including street lighting, parking lots, bus stops and public conveniences; and

(18) regulation of slaughter houses and tanneries.

(2) Nothing contained in the provisions of this section shall be construed to divest the Municipalities of various powers and functions vested in them under various pro- visions of this Act, rules and bye-laws made thereunder."

CHAPTER IV

Municipal Fund and Property Section 51

1 [51. Constitution of municipal fund. - There shall be formed for each munici- pality a municipal fund, and there shall be placed to the credit thereof-

1. Substituted for the old sections by Punjab Act 3 of 1933, Section 24

39

40 The Punjab Municipal Act, 1911, Section 52

(a) all sums1 received by, or on behalf of the committee under this Act or oth-erwise [land];

(b) the balance (if any) standing at the credit of the municipal fund of the mu- nicipality at the commencement of this Act].²[- - - - -] Section 52

52. Application of fund. - (1) The committee shall set apart and apply out of the municipal fund-

(a) first, such as may be required for the payment of any amounts falling due on any loan legally contracted by it :

3 [(b) secondly, such sum as the committee may be required by the 4 [State] Government to contribute toward5s the cost of such Local Self-Govern-ment Board or Inspectorate as the [State] Government may establish, for the purpose of advising, assisting and supervising the work of municipal

committees and other local bodies :

Provided that such sum shall not exceed an amount equal to one perfect of the

income for the financial year preceding the year, in which the committee

is called upon to make the contribution]:

6 [(c) thirdly, such sum as may be required to meet the charges, of its own es-

tablishment, including such subscriptions and contributions as are re-

ferred to in Sections 43 and 44, and such sum as may be required for the

maintenance of a police establishment under Chapter VI;

7 [(d) fourthly, such sum as may be required to pay the expenses incurred in

auditing the accounts of the committee, and such portion of the costs of

any public expenditure by the⁸[C10entral Government] or the

9 [State]

Government as may be held by the [State] Government to be equitably

payable by the committee in return for services rendered to it.

11 [(e) fifthly, such sum as the committee may be required by the State Gov-

ernment to contribute towards the maintenance of pauper lunatics or pau-

per lepers sent from any place in the¹²[State] to mental hospitals or

public asylums whether in or outside the State.

(f) sixthly, such sum as may be due to the State Government in respect of the cost of maintenance by the State Government, on behalf of the commit- tee, of water-works, drainage, sewage or other works.]

1. Inserted by Punjab Act 15 of 1940, Section 2(a)

40

The Punjab Municipal Act, 1911, Section 52 41

1 [(g) seventhly, such sum to be paid annually by the committee to the State Government by way of contribution as is equivalent to-

(i) the total provision made in the bud main head 'Education' excluding² get for the year 1957-58 under the [the provision under the sub-heads relating to public libraries, colleges, reading rooms and museums or pertaining to such other matters not relating to schools as the State Gov- ernment may specify, educational grants and the provisions made for 'original works' relating to schools ; and

(ii) a sum representing one per centum of the total income from its own re- sources for the year 1957-58, in lieu of the deductions made for 'origi- nal works' made under clause (i):

Provided that in respect of the financial year 1957-58, the committee shall make a payment to the State Government of the sums which have re- mained unexpended on 31st March, 1958, out of the provisions under the head 'Education' in the budget of 1957-58 ;

3 [Provided further that in computing the total provision under sub-section (i), school fees or other moneyes received from students by the Committee, income from any property transferred to the State Government, dona- tions for education from the public and such other income of the Com- mittee as may be specified by the State Government shall be excluded.] 4 (2) Subject to the charges specified in sub-section (1) and to such rules as the[State] Government may make with respect to the priority to be given to the several duties of the committee, the municipal fund shall be applicable to the payment in

whole or part, of the charges and expenses incidential to the following matters within

the municipality, and with the sanction of the⁵[State Government] outside the mu-

nicipality, namely :-

(a) the construction, maintenance, improvement, cleansing and repair of all public streets, bridges, town-walls, town-gates, embankments, drains, privies, latrines, urinals, tanks and water-courses⁶[and the preparation of compost manure];

(b) the watering and lighting of such streets or any of them ;

(c) the construction, establishment and maintenance of schools, hospitals and dispensaries, and other institutions for the promotion of education or for the benef7it of the public health, and of rest-houses, sarais, poor-houses,markets, [stalls], encamping grounds, pounds, and other works of public utility, and the control and administration of public institutions of any of

these descriptions :

(d) grant-in-aid to schools, hospitals, dispensaries, poor-houses, leper- asy- lums, and other educational or charitable institutions ;

(e) the training of teachers and the establishment of scholarships;

1. Clause (g) added by Punjab Act 22 of 1959, with effect from 1st October, 1957

41

42 The Punjab Municipal Act, 1911, Section 53

(f) the giving of relief and the establishment and maintenance of relief works in time of famine or scarcity;

(g) the supply, storage and preservation from pollution of water for the use of men or animals ;

(h) the planting and preservation of trees ; and the establishment and main- tenance of public parks and gardens ;

(i) the taking of a census, the registration of births, marriages and deaths, pub- lic vaccination and any sanitary measure ;

(j) the holding of fairs and any industrial exhibitions ;

(k) the preparation and maintenance of a record of rights in immovable prop- erty; and

(l) all acts and things which are likely to promote the safety, health, welfare or convenience of the inhabitants or expenditure whereon may be de- clared by the committee, with the sanction of the¹[State] Government to be an appropriate charge on the municipal fund.

2 [(3) Notwithstanding any contained in the foregoing sub-sections of this Act no charges or expenses shall be paid from the municipal fund incidential to any matter which has been specifically declared by the State Government by general or special order to be a matter in regard to which no expenditure shall be met from municipal fund.

(4) Subject to the provisions of this Act and the rules and bye-laws made thereunder it shall be the duty of the President and of any member presiding at any meeting of the committee or of a sub-committee to disallow the consideration or discussion of any matter for which provision is not made in Section 52 or any other section of the Act.]

Section 53

53. Payment of salary to president out of funds. - With the sanction of the State Government a salary of such amount as the State G3overnment may 4fix may be paidto the president of a committee not being a salaried [servant of the] [Government,] out of the municipal fund.

Section 54

54. Custody of municipal fund. -⁵[(1) All moneys payable to the credit of the municipal fund shall be received by a municipal employee authorised by the commit- tee in this behalf and shall be forthwith paid into the State Bank of India, in a Treasury of the Government, in a Nationalised Bank or in any other Bank approved by the Government in this behalf.

Explanation. - For the purposes of this section Nationalised Bank means a Bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.]

42

The Punjab Municipal Act, 1911, Section 55 43

¹[(2) In places where there is no such treasury, sub-treasury or bank, the municipal fund may with the previous sanction of the²[Deputy Commissioner] be deposited with any banker, or person acting as a banker, and who has given such sec3urity forthe safe custody and repayment on demand of the fund if deposited as the [Deputy Commissioner] may in each case think sufficient].

Section 55

555. Investment of same. - 4 [(1) A committee may, with the previous sanction of t6he [Deputy Commissioner], invest any portion of its municipal fund in securities of[the Central Government], or invest it in such other securities or place it in such manner as the State Government may approve in this behalf, and vary such invest-

ment or placement for others of like nature.]

(2) The income resulting from⁷[such] securities⁸[or placements] and the proceed of the sale of the same shall be credited to the municipal fund. Section 56

56. Property vested in committee. - (1) Subject to any special reservation made or to any special conditions imposed by the⁹[State] Government, all property of the nature hereinafter in this section specified and situated within the municipality, shall vest in and be under the control of the committee, and with all other property which has already vested or may hereafter vest in the committee, shall be held and applied by it for the purposes of this Act, that is to say :-

(a) all public town-walls, gates, markets,¹⁰[stalls], slaughter-houses, manure and night-soil, depots and public buildings of every description which have been constructed or are maintained out of the municipal fund ;

(b) all public streams, springs and works for the supply, storage and distribu- tion of water for public purposes, and all bridges, buildings, engines, ma- terials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank of well;

11 [(c) all public sewers and drains, and all sewers, drains, culverts and water- courses in or under any public streets, or constructed by or for the com- mittee alongside any public street, and all works, materials and things appertaining thereto :]

(d) all dust, dirt, dung, ashes, refuse, animal matter or filth or rubbish of any kind or dead bodies of animals, collected by the committee from the street, houses, privies, sewers, cess-pools or elsewhere or deposited in places fixed by the committee under Section 154 ;

43

44 The Punjab Municipal Act, 1911, Section 57

(e) all public lamps, lamp-posts, and apparatus connected therewith or apper- taining thereto :

(f) all land or other property transferred to the committee by the¹[Govern- ment] or acquired by gift, purchase or otherwise for local public pur- poses;

2 [(g) all public streets, not being land owned by 3 [Government] and the pave- ments, stones and other materials, thereof, and also trees growing on and erections, materials, implements and things provided for such streets.] 4 (2) Where any immovable property is transferred otherwise than by the sale by the[State] Government to a municipal committee for public purposes, it shall be deemed to be a condition of such transfer, unless specially provided to the contrary,

that should the property be at any time resumed by Government, the compensation

payable therefor shall, notwithstanding anything to the contrary in the Land Acqui-

sition Act, 1894, in no case exceed the amount if any paid to the Government for the

transfer, together with the cost or the present value, whichever shall be less, or any

buildings erected or other works executed on the land by the municipal committee.

⁵[(3) The committee shall maintain a register and a map of all immovable property

of which it is the proprietor, or which vests in it ; or which it holds in trust for the State

Government.]

Section 57

57. Management of public institutions. - (1) The management, control and ad- ministration of every public institution maintained out of the municipal fund, shall vest in the committee.

(2) When any public institution has been placed under the direction, management and control of the committee, all property, endowments and funds belonging thereto shall be held by the committee in trust for the purposes to which such property, en- dowments and funds were lawfully applicable at the time when the institution was so placed :

Provided that the extent of the independent authority of the committee in re- spect of any such institution may be prescribed by the⁶[State] Govern- ment :

Provided also that nothing in this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.

Section 58

58. Acquisition of land. - When any land, whether within or without the limits of a municipality, is required for the purposes of this Act, the⁷[State] Government may, at the request of the committee, proceed to acquire it under the provisions of the Land Acquisition Act, 1894, and on payment by the committee of the compensation

44

The Punjab Municipal Act, 1911, Section 59 45

awarded under that Act, and of any other charges incurred in acquiring the land, the land shall vest in the committee.

Explanation. - When any land is required for a new street or for the improvement of an existing street, the committee may proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the buildings to be erected on both sides of the street and such land shall be deemed to be required for the pur- poses of this Act.

Section 59

59. Transfer to Government of property vesting in committee :- The committee may, with the sanction of the State Government transfer to¹[Government] any prop- erty vesting in the committee under section 56 or section 57, but not so as to affect any trusts or public rights subject to which the property is held :

2 [Provided that where a committee has passed a resolution under section 3 of the Punjab Local Authorities (Aided Schools) Act, 1959 or the State Government has taken over management of aided schools of a committee under section 5 of that Act, all rights and interests in the establishment, maintenance and management of the aforesaid schools immediately be- fore the 1st October, 1957, including all interests in the lands, buildings, playgrounds, hostels of the said schools as also in the movable properties like furniture, books, apparatus, maps and equipment pertaining thereto shall be deemed to have been transferred to the State Government on that date and, all unspent balances in respect of grants and contributions re- ceived for the maintenance and promotion of these schools shall be deemed to have been surrendered to the State Government.]

Section 60

60. Saving of Act XI of 1879 :- Nothing in this Act shall affect the³[Local Authori- ties Loan Act, 1879.]

CHAPTER V

Taxation Section 61 4 [61. Tax5es which may be imposed:- (1) Subject to any general or special orderswhich the [State] Government may make in this behalf, and to the rules, any com- mittee may, from time to time for the purposes of this Act, and in the manner directed

by this Act, impose in the whole or any part of the municipality any of the following

taxes, namely :

(a)⁶A tax payable by the owner of building and lands not exceeding fifteen

per cent of the annual value..

7 [--]

45

46 The Punjab Municipal Act, 1911, Section 61

Provided¹[--] that in the case of lands and buildings occupied by tenants in perpeuity, the tax shall be payable by such tenants ;

(b) a tax on persons practising any profession or art or carrying on any trade or calling in the municipality;

2 [Explanation:- A 3 [person in the service of the 4 [Government] or person holding an office under the State Government or the⁵[Central Government] or a local⁶[or other public] authority shall be deemed to be practising a profession within the mean- ing of this sub-clause.]

(c) a tax payable by the owner, on all or any vehicles⁷[other than motor ve- hicles] animals used for riding, draught or burden, and dogs, when such vehicles, animals used as aforesaid, and dogs are kept within the munici- pality;

8 [(d) a tax, payable by the employer, on menial domestic servants;

(e) a tax, payable by the occupier of any buildings in respect of which the committee has, in exercise of the powers conferred by sections 159 to 165 of this Act, undertaken the house scavenging;]

9 [(ee) in addition to the tax imposed under clause (a), scavenging tax, payable by the occupier, on buildings and lands of such percentage of the annual value thereof as the State Government may, by notification, declare to be reasonable for providing for the collection, removal and disposal by the committee of all filth and polluted and obnoxious matter from latrines, urinals, cess-pools and for efficiently maintaining and repairing the mu- nicipal drains constructed or used for the reception or conveyance of such filth or polluted and obnoxious matters :

10 [(f) a tax payable by persons presenting building applications to the com- mittee:

Provided that a com11mittee shall not impose any tax without the previoussanction of the [State] Government when-

(i) it consists of members less than three-fourths of whom have been elected; or

(ii) its cash balances have, at any time within the three months preceding the date of the passing of the resolution imposing the tax, fallen below Rs. 20,000 or one-tenth of th income accrued in the previous financial year whichever amount shall be less.

46

The Punjab Municipal Act, 1911, Section 62 47

(2) Save as provided in the foregoing clause, with the previous sanction of the State Government any

12 other tax which [State Legislature] has power to impose in theState under the [Constitution]. 3 [(2-A) Notwithstanding anything contained in this Act, on and with effect from the commencement of the Punjab Municipal (Amendment) Act, 2006, no octroi shall be levied, except on electricity, petrol and diesel :

Provided that the additional excise duty, levied in lieu of octroi on liquor un- der any other provision of law, shall continue to be levied.]

4 [(3) --]

5 [Nothing in this section shall authorise th6e imposition of any tax which the StateLegislature has no power to impose in the [State] under the 7 [Constitution] Prov8ided that a committee which immediately before the commencement of[Constitution] was lawfully levying any such tax under this section as then in force9, may continue to levy that tax until provision to the contraryis made by [Parliament]

10 [Explanation :- In this section "tax" includes any duty, cess or fee.]

Section 62

11 [62. Procedure to impose taxes:- (1) A committee may, at a special meeting pass

a resolution to propose the imposition of any tax under section 61.

(2) When such a resolution has been passed the committee shall publish a notice, defining the class of persons or description of property proposed to be taxed, the amount or rate of the tax to be imposed, and the system of assessment to be adopted.

(3) Any inhabitant objecting to the proposed tax may, within thirty days from the publication of the said notice, submit his objection in writing to the committee; and the committee shall at a special meeting take his objection into consideration.

(4) If the committee decides to amend its proposals or any of them, it shall publish amended proposals along with a notice indicating that they are modification of those previously published for objection.

(5) Any objections which may within thirty days be received to the amended pro- posals shall be dealt with in the manner prescribed in sub-section (3).

(6) When the committee has finally settled its proposals it shall, if the proposed tax

1. Substituted for the word "under rules made under clause (a) of sub-sections (3) of section 80-A of the Government of India Act, a local authority may be authorized to impose by any law made by the local legislature without the previous sanction of the Governor-General" by the Government of India (Adaptation of Indian Laws) Order 1937.

2. Substituted for "Government of India Act, 1935" by the Adaptation of Laws (Third Amendment) Order,

1951.

3. Substituted by Punjab Act No. 26 of 2006.

4. Sub section (3) was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

5. These words were inserted at the end of the section by the Adaptation of Laws Order, 1950

6. Substituted for the word "Province" by the Adaptation of Laws Order, 1950.

7. Substituted for the words "Part III of the said Act" by the Adaptation of Laws (Amendment) Order, 1951.

8. Substituted for the words "Part III of the said Act" by the Adaptation of Laws (Amendment) Order, 1951.

9. Substituted for the words "The Central Legislature" by the Adaptation of Laws (Third Amendment) Order, 1951.

10.Inserted by East Punjab Act 9 of 1949, Section 2.

11.Substituted by Punjab Act 3 of 1933, section 30.

47

48 The Punjab Municipal Act, 1911, Section 62-A

falls under clauses (b) to (f) of sub-section (1) of section 61 direct that the tax be im- posed, and shall forward a copy of its order to the effect through the¹[Deputy- Commissioner], to the State Government and if the proposed tax falls under any other provision it shall submit its proposals together with the objection if any made in con- nection therewith to the²[Deputy Commissioner.]

(7) If the proposed tax falls under clause (a) sub-section (1) of section 61, the³[Dep- uty Commissioner], after considering the objections received under sections (3) and

(5) may either refuse to sanction the proposals or return them to the committee for further consideration, or sanction them without modification or with such modifica- tion not involving an increase of the amount to be imposed, as he deems fit, forwarding to the State Government a copy4 of the proposals and his order of sanction;and if the tax falls under sub-section (2) [--] of section 61, the 5 [Deputy Commis- sioner] shall submit the proposals and objections with his recommendations to the

State Government.

6 (8) The State Government on receiving proposals for taxation under sub section (2)[--] may sanction or refuse to sanction the same or return them to the committee for further consideration.

(9)⁷[--]

(10) (a) When a copy of order under sub-sections (6) and (7) has been received, or

(b) when a proposal has been sanctioned under sub-section (8)⁸[--] the State Gov- ernment shall notify the imposition of the tax in accordance with such order or proposal, and shall in the notification specify a date not less than⁹[one month] from the date of notification, on which the tax shall come into force.

(11) A tax leviable by the year shall come into force on the first day of January or on the first day of April or on the first day of July, or on the first day of October in any year, and if it comes into force on any other than the first day of the year by which it is leviable shall be levisble by the quarter till the first day of such year then next en- suing.

(12) A notification of the imposition of a tax under this Act shall be conclusive evi- dence that the tax has been imposed in accordance with the provisions of the Act. Section 62-A

10 [62-A. Power of Government in taxation : (1) The State Government may, by special or general order notified in the official Gazette, require a Committee to im- pose any tax mentioned in section 61, not already imposed are such rate and within

48

The Punjab Municipal Act, 1911, Section 63 49

such period as may be specified in the notification and the Committee shall thereupon act accordingly.

(2) The State Government may require a Committee to modify the rate of any tax already imposed and thereupon the Committee shall modify the tax as required within such period as the State Government may direct.

(3) If the Committee fails to carry out any order passed under sub-section (1) or (2) the State Government may by a suitable order notified in the official Gazette impose or modify the tax. The order so passed shall operate as if it were a resolution duly passed by the Committee as if the proposal was sanctioned in accordance with the procedure contained in section 62.

Procedure for Assessing Immovable Property.

Section 63

63. Preparation of assessment list :- The committee shall cause an assessment list of all buildings and lands on which any tax is imposed to be prepared, containing.-

(a) the name of the street or division in which the property is situated;

(b) designation of the property, either by name or by number sufficient for identification;

(c) the names of the owner and occupier, if known;

(d) the annual value¹; and

(e) the amount of the tax assessed thereon by the committee. Section 64

64. Publication and completion of assessment list :- When the assessment list has been completed, the committee shall give public notice thereof, and of the place where the list or a copy thereof may be inspected and every person claiming to be either owner or occupier of property included in the list and any authorised agent of such person shall be at liberty to inspect the list and to make extracts therefrom with- out charge.

Section 65

65. Public notice of time fixed for revising assessment list :- (1) The committee shall at the time of the publication of such assessment list give public notice of a time, not less than one month thereafter, when it will proceed to revise the valuation and assessment; and in all cases in which any property is for the first time assessed, or the assessment thereof is increased, it shall also give notice thereof to the owner or oc- cupier of the property.

(2) All objections to the valuation and assessment shall be made in writing before the time fixed in the notice, or orally or in writing at that time. Section 66

66. Settlement of lists:-²[(1) After the objections have been enquired into and the persons making them have been allowed an opportunity of being heard either in per- son or by authorised agents, as they may think fit, and the revision of the valuation and assessments has been completed, the amendments made in the list shall be

1. Words "area or length of frontage on which the property is assessed" omitted by Amending Act 11 of

49

50 The Punjab Municipal Act, 1911, Section 67

authenticated by the signatures of atleast two members of the committee, who shall at the same time certify that no valid objection has been made to the evaluation and assessment contained in the list, except in the cases in which amendments have been entered therein and subject to such amendments as may thereafter be duly made, the tax so assessed shall be deemed to be the tax for the year commencing on the first day of April of the year in which notice was issued under section 64 or section 65 of the Act :

Provided that this date will not be earlier to the date on which the building came into existence.]

(2) The list when amended under this section shall be deposited in the committee's office and shall there be open during office hours to all owners or occupiers of prop- erty comprised therein or the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.

Section 67

67. Further amendments of Assessment list:- (1) The committee may at any time amend the list by inserting the name of any person whose name ought to have been or ought to be inserted, or by inserting any property which ought to have been or ought to be inserted, or by altering the assessment on any property which has been er- roneously valued or assessed through fraud, accident or mistake, whether on the part of the committee or of the assessee, or in the case of tax payable by the occupier by a change in the tenancy, after giving notice to any person affected by the amendment, of a time, not less than one month from the date of service at which the amendment is to be made.

(2) Any person interested in any such amendment may tender his objection to the committee in writing before the time, fixed in the notice or orally or in writing at that time, and shall be allowed an opportunity of being heard in support of the same in per- son or by authorized agent, as he may think fit.

¹[(3) Notwithstanding anything contained in this Act, the Committee may with a view to give effect to the annual value as modified by the Punjab Municipal (Amend- ment) Act 11, 1994, amend the assessment list of the year commencing on the first day of April of the relevant year for increasing or reducing annual value of any prop- erty and of the assessment thereupon after giving notice at any time to any person affected by the amendment of a period not less than one month from the date of serv- ice at which the amendment is to be made and the Committee shall consider any objection made in this regard by any such person and the amended assessment list shall come into force with effect from the first day of April of the year in which notice was given to the person affected.]

Section 68

2 [68. Preparation of new assessment list:- (1) Where the assessment of land or building has been made on the basis of the annual value as specified in clause (i) of section 3, the assessment list will be valid for a period of five years and after the ex- piry of the period of five years, the annual value may be determined at the option of the owner either in accordance with the method specified in sub- clause (b) of clause

(i) of section 3 or by increasing it by ten per cent of the annual value already fixed.

50

The Punjab Municipal Act, 1911, Section 68-A 51

(2) In the case of land or building which is occupied by the tenant, the annual value may be revised when revision in the rent is made :

Provided that where no revision in rent is made and a period of five years has elapsed since the date of the previous assessment, the annual value may be enhanced for reasons to be recorded in writing and after hearing the landlord.]

Section 68-A

1 [68-A. Power to amend assessment list in certain cases.- (1) Notwithstanding anything contained in this Chapter, where the prescribed authority is satisfied that any property has been erroneously valued or assessed through fraud, accident or mis- take, whether on the part of the committee or of the assessee, it may, after giving to the assessee an opportunity of being heard and after making such enquiry as it may deem fit pass an order amending the assessment already made and fixing the amount of tax payable for that property and on the issue of such an order the assessment list then in force shall, subject to the order, if any, passed in appeal, be deemed to have been amended accordingly with effect from first day of January, or first day of April, or first day of July, or first day of October, next following the month in which the or- der is passed.

(2) Any person aggrieved by an order of the prescribed authority may, within a pe- riod of thirty days of the date of communication to him of the order, file an appeal to State Government which shall decide the appeal after giving to the appellant an op- portunity of being heard.]

General Provisions

Section 69

69. Tax not invalid for defect of form:- No assessment and no charge of demand of any tax made under the authority of this Act shall be impeached or affected by rea- son of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax, or in the description of any property or thing liable to the tax, or of any mistake in the amount of assessment or tax, or by reason of any clerical error or other defect of form; and it shall be enough in any such tax on property or any assessment of value for the purpose of any such tax if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.

Section 70

70. Power of the Committee in regard to taxes :- (1) A committee may exempt, in whole or in part, for any period not exceeding one year from the payment of any such tax, any person who by reason of poverty may in its opinion be unable to pay the same, and may renew such exemption as often as may be necessary.

(2) A committee, by a resolution passed at a special meeting and confirmed by the State Government, may -

(a) provide that all or any persons may be allowed to compound for taxes im- posed under sub-clauses (c), (d) and (e) of clause (1) and under clauses

(2) and (3)] of section 61;

(b) abolish, suspend or reduce in amount any tax imposed under the forego- ing sections; or

1. Inserted by Punjab Act 8 of 1974, section 7.

51

52 The Punjab Municipal Act, 1911, Section 71

(c) exempt in whole or in part from the payment of any such tax, any person or class of persons or any property or description of property. Section 71

71. Powers of the State Government in regard to taxes :- (1) The State Govern- ment may by order exempt in whole or in part from the payment of any such tax any person or class of persons or any property description of property. If at any time it appears to the State Government on complaint made or otherwise, that any tax imposed under the foregoing sections is unfair in its incidence or that the levy thereof or of any part thereof is injurious to the interests of the general public, it may require the committee to take within a specified period measures to remove the objection : and, if within that period the requirement is not complied with to the sat- isfaction of the State Government the State Government may by notification suspend the levy of the tax or of such part thereof until the objection has been removed. Section 72

72. Remission of tax on un1occupied immovable property:- (1) When any prop-erty assessed to a tax under [sub-clause(a) of clause (1) of section 61,] which is payable by the year or by instalments, has remained unoccupied and unproductive of

rent throughout the year or the period in respect of which any instalment is payable,

the committee shall remit the amount of the tax or of the instalment, as the case may

be :

Provided that no such remission shall be granted unless, notice in writing of

the circumstances under which it is claimed has been given to the com-

mittee within the first month after the expiry of the period in respect of

which it is so claimed.

(2) When any such property as aforesaid -

(a) has not been occupied or productive of rent for any period of not less than sixty consecutive days, or

(b) consists of separate tenements, one or more of which has or have not been occupied or productive of rent for any such period as aforesaid; or

(c) is wholly or in greater part demolished or destroyed by fire or otherwise; the committee may remit such portion (if any) of the tax or instalment as it may think equitable.

(3) The burden of proving the facts entitling any person to claim relief under this section shall lie upon him.

(4) For the purposes of this section neither the presence of a care-taker nor the mere retention in an otherwise unoccupied dwelling house of the furniture habitually used in it shall constitute occupation of the house.

(5) For the purposes of this section a house shall be deemed to be productive of rent if let to a tenant who has a continuing right of occupation thereof, whether it is actu- ally occupied by such tenant or not.

2 [(6) The enquiry necessary for a decision whether any relief shall be granted under

1. Sub-section (6) has been added for the Municipalities to which the Punjab Municipal (Executive Officer) Act, 1931, applies. See Item No. 6.

2. Sub-section (6) has been added for the Municipalities to which the Punjab Municipal (Executive Officer)

52

The Punjab Municipal Act, 1911, Section 73 53

this section shall be held by the Executive Officer who shall make such recommen- dation to the committee as he may deem proper :

Provided that the committee shall not grant any remission of tax unless such remission is recommended by the Executive Officer.]

Section 73

73. Duty of furnishing true information regarding liability to municipal taxa- tion:- (1) Every person shall on the demand of an officer duly authorised by the committee in this behalf furnish such information as may be necessary in order to as- certain whether such person is liable to pay any municipal tax; and every hotel or lodging house keeper or secretary of a residential club shall also on demand made as aforesaid furnish a list of all persons residing in such hotel, lodging-house or club.

(2) If any person so called upon to furnish such information omits to so or furnishes information which is untrue, he shall be punishable with fine which may extend to one hundred rupees.

¹[(3) It would be obligatory for the owner to inform the committee about rent being charged from the tenant and also about the increase in the rent by filing a statement in the manner prescribed.

(4) In the event of the owner not giving the information as required under sub-sec- tion (3), the owner shall be liable to pay a penalty which may extend to the amount of the tax payable on land or building under sub-section (1) of section 61 of this Act.] Section 74

74. Notice to be given to the committee of all transfers of title of person primar- ily liable to payment of property tax :- (1) whenever the title to or over any building or land of any person primarily li2able for the payment of property taxes on such prop-erty is transferred the transferor [and the transferee] shall within three months of the registration of the deed of transfer if it be registered, or if it be not registered within

three months of its execution, or if no instrument be executed of the actual transfer

give notice in writing of such transfer to the committee.

(2) Every person primarily liable for the payment of a tax on any property, who transfers his title to or over such property, without giving notice of such transfer to the committee as aforesaid, shall, in addition to any other liability which he incurs through such neglect, continue liable for the payment of all such taxes from time to time payable in respect of the said property until he gives such notice, or until the transfer shall have been recorded in the committee's books.

(3) Wherever the title to or over any building or land has developed upon any per- son by inheritance, the heir shall within three months of the date of the death of the former owner give notice in writing of such inheritance to the committee.

(4) But nothing in this section shall be held to diminish the liability of the transferee or heir for the said taxes or to affect the prior claim of the committee for the recovery of the taxes due thereupon.

3 [(5) Whoever contravenes the provisions of sub-sections (1) and (3) shall, in ad- Act, 1931, applies. See Item No. 6.

53

54 The Punjab Municipal Act, 1911, Section 75

dition to any other penalty which he incurs through such neglect, be punishable with fine which may extend to fifty rupee; and, in the case of a continuing breach, with a further fine which may extend to five rupees for every day after the first during which the breach continues.]

Section 75

75. Power of entry for the purposes of valuation or taxation :- The committee may authorize any person:-

(a) after giving twenty-four hours' notice to the occupier, or, if there be no oc- cupier, to the owner, of any building or land, at any time between sunrise and sunset, to enter, inspect and measure any building for the purpose of valuation;

(b) to enter and inspect any stable, coach-house or other place wherein there- fore is reason to believe that there is any vehicle or animal liable to taxa- tion under this Act or for which a licence has not been duly taken out. Section 76

76. Power to examine article liable to octroi:- Every person bringing or receiving wit2h the octroi

1 [or terminal] limits of any municipality any article o3n which octroior [terminal tax] is payable shall when required by an officer duly [authorized by the State Government or the Committee] in this behalf and so far as may be necessary

for ascertaining the amount of tax chargeable:-

(a) permit that officer to inspect, examine, weigh and otherwise deal with the article, and

(b) communicate to that officer any information and exhibit to him any bill, invoice or document of like nature which he may possess relating to the article.

Section 77

77. Power to search where octroi is leviable:- (1) If any person, bringing or re- ceiving conveyance or package within the octroi or⁴[terminal tax] limits of a municipality on which octroi or⁵[terminal tax] is or is believed to be leviable, shall refuse, on the demand of an officer⁶[authorized by the State Government or the com- mittee] in this behalf, to permit the officer to inspect, weigh or otherwise examine the contents of the conveyance or package for the purpose of ascertaining whether it con- tains any articles in respect of which octroi or⁷[terminal tax] is payable or shall refuse to communicate to tht officer any information and exhibit to him any bill, invoice or document of a like nature which he may possess relating to the article, or with the in- tention of defrauding the committee or a lessee under section 83 shall communicate any such information which is false or exhibit any such bill, invoice or document of a like nature which is false, forged or fraudulent he shall be punishable with a fine which may extend to fifty rupees.

(2) Any such person may demand that the conveyance or package or both as the case

1. Inserted by Punjab Act 2 of 1923, section 20.

2. Inserted by Punjab Act 1 of 1922, section 20.

3. Substituted by Punjab Act 8 of 1974.

54

The Punjab Municipal Act, 1911, Section 78 55

may be, shall be taken without unnecessary delay before¹[a member of the commit- tee or the secretary] or a magistrate who shall cause the inspection to be made in his presence.

²[(3) Without prejudice to the provisions of sub-section (1) in case of non-payment of any octroi on demand, the officer referred to in section 76 may seize any article on which the octroi is chargeable to satisfy the demand.

(4) The committee or an officer authorised by it in this behalf may after the lapse of five days from the seizure and after the issue of proclamation fixing the time and place of sale, cause any property so seized, or so much thereof as may be necessary to be sold by auction to satisfy the demand including the amount of penalty with the expenses occasioned by the seizure custody and sale thereof, unless the demand in- cluding the amount of penalty and expenses are in the meantime paid:

Provided that by order of the officer authorised by the committee in this be- half, articles of a perishable nature which cannot be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper] Section 78

78. Power to fix oc3troi or terminal tax limits and penalty 4 for evasion of octroior terminal tax:- If [animals or articles] passing the octroi or [terminal tax] bound- ary of munic6ipality are liable to the pavyment of octroi

5 [terminal tax] then every

person who [-causes or abets the intro

to introduce within the said octroi⁷[or⁸

duction of or himself introduces or attempts

[terminal tax] boundary, any such⁹[animals

or articles] upon which payment of the octroi¹⁰[or terminal tax] due on such intro-

duction has neith11er been made nor tendered, shall be punishable with fine which mayextend either to [twenty] times the value of such octroi or 12 [terminal tax] or to fifty rupees, whichever may be greater.

Section 78-A

13 [78-A. Extension of taxation limits by agreement:- (1) When a committee,

w14ith the s1a5nction of the State Government has agreed with a Cantonment Authority[---] or [The committee of] an area notified under section 241 that in considera- tion of the payment of a lump sum or otherwise the same limit for octroi or terminal

55

56 The Punjab Municipal Act, 1911, Section 78-B

tax or any toll or tax shall be established for the contracting parties, the committee may fix limits under section 188 so as to include so much of the area controlled by the said contracting parties as it may deem necessary, and shall have the powers of collecting such toll or tax or octroi or terminal tax on animals or articles brought within the such limits, and the provisions of this Act for the assessment and collection of such tax or toll or octroi or terminal tax shall apply in the same way as if the said limits were wholly comprised in the area of the municipality.

(2) The total of the procee1ds of such taxes or tolls made, in the joint area of the mu-nicipality and Cantonment [---] or notified area and the cost thereby incurred shall be apportioned between

Cantonment Authority²

the municipal fund and the fund subject to the control of the

[---] or notified area in such proportion as shall have been de-

termined by the agreement.

Section 78-B

3 [78-B. Taxation on articles exported:- When terminal tax is leviable on animals

or articles conveyed out of the terming tax limits the provisions of sections 76, 77, 78

and 78-A shall he deemed, so far as may be, to apply in respect of the animals or ar-

ticles so conveyed.

Section 79

79. Taxes when payable:- Subject to provisions of sections 62(7) and (8) and 66 any tax imposed under this chapter and payable periodically shall be payable on such dates and in such instalments (if any) as the committee, with the previous sanction of the Deputy Commissioner may from time to time direct.

Section 80

80. Recovery of taxes payable by owner :- (1) When any sum is due on account of a tax payable under this Act in respect of any property by the owner thereof the committee shall cause a bill for the amount, stating the property and the period for which the charge is made to be delivered to the person able to pay the same.

(2) If the bill be not paid within ten days from the delivery thereof the committee may cause a notice of demand to be served on the person liable to pay the same, and if he does within seven days from the service of the notice, pay the sum due, with any fee leviable for the notice, or show sufficient cause for non-payment the sum due with the fee shall be deemed to be an arrears of tax.

(3)⁴[Any sum due or the amount of tax payable under this Act] for the words be- sides being recoverable in any other manner provided this Act; shall, subject to any claim on behalf of Government be a first charge on the property, in respect of which it is payable, and shall be recoverable; on application made in this behalf by the com- mittee to the Collector, as if the property were an estate assessed to land revenue and the arrears were an arrears of such revenue due thereon;

Provided that nothing in this sub-section shall authorise the arrest of a defaul- ter.

(4) If any tax or sum leviable under this Act from the owner is recovered from the occupier, such occupier shall, in the absence of any contract to the contrary, be en-

1. the words "or Small Town" omitted by Punjab Act 34 of 1954, section 5(ii).

56

The Punjab Municipal Act, 1911, Section 81 57

titled to recover the same from the owner and may deduct the same from the rent then or thereafter due by him to the owner.

Section 81

81. Recovery of taxes, etc:- (1) Any arrears of any tax, water- rate,¹[rent,] fee or any other money claimable by a committee under this Act may be recovered on ap- plication to a Magistrate having jurisdiction within the limits of the municipality, or in any other place where the person from whom the money is claimable may for the time being be resident, by the distress and sale of any movable property within the limits of his jurisdiction belonging to such person.²[The cost of such proceedings shall be recoverable from the defaulter in the same manner as the said arrears.] 3 [(2) An app4lication made under sub-section (1) shall be in writing and shall besigned by the [president, a vice-president or the secretary] of the committee, but it shall not be necessary to present it in person.]

Section 81-A

⁵[81-A. Recovery of water tax and water rate as arrears of land revenue:-

When a committee has made over to the⁶[State] Government its water works for maintenance, any arrears of water tax and w7ater rate or both due to the committee un-der this Act, may be recovered by the [State] Government on behalf of the committee as arrears of land revenue.]

Section 82

82. Recovery of octroi and tolls:- (1) In case of non-payment of any octroi⁸[or ter- minal tax] or of any toll on demand, the officer empowered to collect there same may seize any articles on which the octroi⁹[or terminal tax] is chargeable or any vehicle or animal on which the toll is chargeable, or any part of its burden of sufficient value to satisfy the demand.

(2) The committee after the lapse of five days from the seizure, and after the issue of a proclamation fixing the time and place of sale, may cause any property to seized, or so much thereof, as may be necessary to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the de- mand and expenses are in the meantime paid :

Provided that, by order of the¹⁰[president or a vice-president] article of a per- ishable nature which could not be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper. Section 83

83. Powers to lease the collection of octroi or tolls:- The collection of any octroi

57

58 The Punjab Municipal Act, 1911, Section 84

1 [for te2rminal tax] or toll may be leased by the committee, with the previous sanctionof the [Deputy Commissioner] for any period not exceeding one year ; and the les- s3ee and all persons employed by him in the management and collection of the octroi[or terminal tax] or toll shall in respect thereof.-

(a) be bound by any orders made by the committee for their guidance;

(b) have such powers exercisable by officers of a committee under this Act, as the committee may, from time to time; confer upon them; and

(c) be entitled to the same remedies and be subject to the same responsibili- ties as if they were emp4loyed by the committee for the management andcollection of the octroi [or terminal tax] or toll. Section 84

84. Appeals against Taxation :- (1) An appeal against the assessment or levy of any or against the refusal to refund any tax under this Act shall lie to the Deputy Com- missioner or to such other officer as may be empowered by the State Government in this behalf :

Provided that, when the⁵[Deputy Commissioner] or such other officer as aforesaid is, or was when the tax was imposed, a member of the commit- tee, the appeal shall lie to the State Government.

(2) If, on the hearing of an appeal under the section, any question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the ap- peal entertains reasonable doubt, he may, either of his own motion or on the application of any person interested, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the⁶[High Court.]

(3) On a reference being made under sub-section (2), the subsequent proceedings in this case shall be, as nearly as may be, in conformity with the rules relating to refer- ences to the High Court contained in section 113 and Order XLVI of the Code of Civil Procedure.

(4) In every appeal the costs shall be in the discretion of the officer deciding the ap- peal.

(5) Costs awarded under this section in to the Committee shall be recoverable by the committee as though they were arrears of a tax due from the appellant.

(6) If the committee fail to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the officer awarding the costs may or- der the person having the custody of the balance of the municipal fund to pay the amount.

Section 85

85. Limitation of appeal :- (1) No appeal shall lie in respect of a tax on any land or building unless it is preferred within one month after the publication of the notice

1. Inserted by Punjab Act 2 of 1922, section 6.

2. Substituted by Punjab Act 34 of 1953, Schedule II for "Commissioner".

3. Inserted by Punjab Act 2 of 1922, section 6.

4. Inserted by Punjab Act 2 of 1922, section 6.

58

The Punjab Municipal Act, 1911, Section 86 59

prescribed by section 66 or section 68, or after the date of any final order under sec- tion 61, as the case may be and no appeal shall lie in respect of any other tax unless it is preferred within one month from the time when the demand for the tax is made:

Provided that an appeal may be admitted after the expiration of the period prescribed therefor by this section if the appellant satisfied the officer be- fore whom the appeal is preferred that he had sufficient cause for not pre- senting the appeal within that period.

(2) No appeal shall be entertained unless the appellant has paid all¹[--] municipal taxes due from him to the committee upto the date of such appeal. Section 86

86. Taxation not to be questioned except under this Act:- (1) No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be as- sessed or taxed be questioned, in any other manner or by any other authority than is provided in this Act.

(2) No refund of any tax shall be claimable by any person otherwise than in accord- ance with the provisions of this Act and the rules thereunder.

CHAPTER VI

Municipal Police Section 87

87. Police Establishment:- (1) Every committee shall, unless relieved of this ob- ligation by the State Government, maintain a sufficient police establishment for police requirements within municipal limits and for the performance of the duties im- posed on it by this Act.

(2) The establishment maintained under sub-section (1) shall consist either of a body of part of watchmen or of the general police force under the State Government with the meaning of section 2 of Act V of 1861, or partly of one and partly of the other, as the State Government may determine; and shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratui- ties and pensions as the committee may from time to time after consultation with the District Magistrate and the inspector- General of Police, and subject to the final de- cision of the State Government, direct.

Section 88

88. Relief of Committee from police charges:- (1) The State Government may re- lieve any committee of the whole or part of the cost of the police establishment, and may enter into a contract with the committee, on such terms as may be agreed on, that in consideration of such relief, the committee shall pay periodically a sum not ex- ceeding the amount thereof, or undertake any services within the municipality to which the municipal fund can properly be applied and which are estimated to cost not more than the amount of the relief.

(2) When a committee has been relieved under this section of the whole or part of the cost of the police establishment which it is required to maintain, the State Gov- ernment shall maintain such police establishment as it shall consider necessary, and the establishment so maintained may consist either of a body of the watchmen or of

59

60 The Punjab Municipal Act, 1911, Section 89

a part of the general police force under the State Government within the meaning of section 2 of Act V of 1861, or partly of one and partly of the other. Section 89

89. Appointment, liabilities and duties of municipal watchmen:- (1) If the es- tablishment maintained under this chapter consists wholly or in part of watchmen, they:

(a) shall be under the orders of the Superintendent of Police, subject to the general control of the District Magistrate;

(b) shall be appointed and promoted, and shall be liable to dismissal, suspen- sion, reduction or fine, under such rules as the State Government may, make in this behalf;

(c) shall perform such duties as the State Government may, subject to the pro- visions of this Act, direct ; and

(d) shall possess the same powers, be entitled to the same assistance, enjoy the same protection, be subject to the same responsibilities, and be liable to the same penalties, as if they were police officers enrolled under Act V of 1861.

(2) Any person obstructing any such watchmen in the discharge of his duties may be arrested without warrant by a police officer or by any such watchman. Section 90

90. Duties of municipal Police enrolled under Act V of 1861:- If the estab- lishment maintained under this chapter or any portion thereof consist of part of the general police force, the State government may notwithstanding anything contained in Act V of 1861, or in any other Act for the time being in force, define, subject to the provisions of this Act, the duties which the officers and men of the establishment or such portion thereof may or may not be required to perform.

Section 91

91. Powers and duties of police in respect of offences against Act and rules, and assistance to municipal authorities:- (1) Every member of a police establishment under this Act shall give immediate information to the committee of any offence committed against this Act or the rules or bye-laws, and shall be bound to assist all members, officers and servants of the committee in the exercise of their lawful authority.

(2) Every member of such police establishment may arrest any person committing in his view any offence against this Act or the rules or bye-laws--

(a) if the name and address of the person are unknown to him, and

(b) if the person declines to give his name and address, or if there is reason to doubt the accuracy of the name and address if given.

(3) A person arrested under this section may be detained until his name and address have been correctly ascertained :

Provided that no person so arrested shall be detained longer than may be nec- essary for bringing him before a magistrate except under the order of magistrate for his detention.

Section 92

92. Police protection at fairs, etc.:- When special police protection is, in the opin- ion of the State government, requisite on the occasion of any fair, agricultural show or industrial exhibition, managed by a committee, or for the purpose of guarding

60

The Punjab Municipal Act, 1911, Section 93 61

houses evacuated on account of plague, the State Government may provide such pro- tection and the committee shall pay the whole charge thereof or such portion of such charge as the State Government may consider equitably payable by it.

CHAPTER VII

Section 93 Extinction and Prevention of Fire

93. Establishment and maintenance of fire-brigade:-¹[For the prevention and extinction of fire, the committee may and, if the State Government so direct shall, es- tablish and maintain a fire-brigade, and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade.] Section 94

94. Power of fire brigade and other persons for suppression of fires: (1) On the occasion of a fire in a municipality any magistrate, the secretary of the committee, any member of committee, any member of a fire-brigade maintained by the commit- 2tee then and there direc3ting the operations of men belonging to the brigade, and[---]any police officer [not below the rank of Sub- Inspector may]--

(a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;

(b) close any street or passage in or near which any fire is burning;

(c) for the purpose of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled down, or used for the passage of houses or other appliances, any premises;

(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;

(e) call on the persons in charge of any fire-engine to render such assistance as may be possible; and

(f) generally, take such measures as may appear necessary for the preserva- tion of life or property.

When any Government building is endangered by such a fire the officer of the Pub- lic Works Department for the time being in charge of the building may exercise the powers conferred on a magistrate by this sub-section.

(2) No person shall be liable to pay damages for any act done by him under sub-sec- tion (1) in good faith.

(3) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire.

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62 The Punjab Municipal Act, 1911, Section 95

Section 95

95. Limitation on operation of chapter:- The powers conferred by the last fore- going section shall be subject to any regulations, conditions or restrictions which may be imposed by rule.

CHAPTER VIII

Section 96 Water Supply

96.¹[Provision of water:- The committee may, and when the²State Government so directs shall, provide the area under its control or any part thereof with a supply of wholesome water sufficient for public and domestic purposes.

(2) For the purpose of providing such supply within the municipality the committee shall cause such tanks, reservoirs, engines, pipes, taps, and other works as may be necessary to be constructed or maintained, whether within or without the municipal- ity; and shall erect sufficient stand pipes or other conveniences for the gratuitous supply of water to the public.

(3) When required by the Medical Officer of Health, the committee shall arrange for the examination of water supplied for human consumption for the purpose of deter- mining whether the water is wholesome.

Section 97

97. Supply of water to connected premises:- (1) The committee may, on applica- tion by the owner of any building arrange for supplying water from the nearest main to the same for domestic purposes in such quantities as it deems reasonable, and may at any time limit the amount of water to be so supplied whenever it considers it nec- essary.

(2) No additional charge shall be payable in respect of such supply in any munici- pality in which a water tax is levied, but for water supplied in excess of the quantity to which such supply is under sub-section (1) limited, and in other municipalities for all water supplied under this section payment shall be made at such rate as may be fixed by the committee with the approval of the³[State] Government.

Explanation.- A supply of water for domestic purposes shall not be deemed to in- clude a supply-

(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire,

(b) for any trade, manufacture or business,

(c) for fountains, swimming baths, or for any ornamental or mechanical pur- pose,

(d) for gardens or for purposes of irrigation,

(e) for watering roads and paths,

(f) for building purposes.

62

The Punjab Municipal Act, 1911, Section 98 63

Section 98

98. Supply of water for other than domestic purposes:- - (1) The committee may supply water for any purpose other than a domestic purpose, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed.

(2) For all water supplied under sub-section (1) payment shall be made at a rate not less than the rate prescribed under sub-section (2) of Section 97.]

(3) The committee may withdraw such supply at any time if it should appear nec- essary to do so in order to maintain a sufficient supply of water for domestic purposes. Section 99

99. Making connections with municipal water works. - (1) Where an applica- tion under Section 97 or Section 98 has been received, all necessary communication pipes and fittings shall be supplied by the committee and the work of laying and ap- plying such communication pipes and fittings shall be executed by municipal agency under the committee's order ; but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The committee may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve.

(2) Notwithstanding anything in sub-section (1) the committee may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under its supervision and inspection all the work of laying and applying such communication pipes and fittings. Section 100

100. Obligation of owner or occupier to give notice of waste of water. - Any owner or occupier of any building or land, in or on which water supplied under this Act is misused from negligence or other circumstances under his control, or used without permission in excess of the quantity fixed under Section 97 or Section 98, or in which the pipes mains or other works are out of repair to such an extent as to cause waste of water shall if he has knowledge thereof, be bound to give notice of the same to such officer as the committee may appoint in this behalf.

Section 101

101. Cutting off of supply to premises. - If any person whose premises are sup- plied with water, neglects to pay the water-tax, or any sum payable under Section 97 or Section 98 when due, or to give notice as provided in the last proceeding section, or wilfully or negligently misuses or causes waste of water, the committee may cut off the supply of water from the said premises.

Section 102

102. Power of the committee in respect of communications, etc. - For the pur- pose of providing or maintaining the water supply or of making or maintaining communications or connections with the mains, or generally for the purposes of this chapter, the committee shall have all powers which are conferred upon it in respect of drainage and the supply of gas by Sections 132 to 140.

Section 103

Section 103 - Omitted¹.

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64 The Punjab Municipal Act, 1911, Section 104

Section 104

Section 104 - Omitted¹. Section 105

Section 105 - Omitted².

CHAPTER IX

Powers for Sanitary and Other Purposes Section 106

106. Bathing and washing places. - (1) The committee may set apart suitable places for the purposes of bathing and may specify the times at which, and the sex of the persons by whom, such places may be used, and may also set apart suitable places for washing animals or clothes, or for any other purposes connected with the health, cleanliness or comfort of the inhabitants ; and may, by public notice, prohibit bathing or washing animals or clothes, in any public place not so set apart, or at times or by persons other than those specified, and any other act by which water in public places may be rendered foul or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally.

(2) The committee may fix, by notice, places at which articles of clothing, bedding ; or other articles which have been exposed to infection shall be washed, and, no per- son shall wash any such article at any place not so fixed.

Burial and Burning Places

Section 107

107. Powers in respect of burial and burning places. -³[(1) The committee may by public notice order and, if so directed by the State Government shall within one month of the notification of such direction be deemed to have ordered, any burial or burning ground situate within municipal limits or within one mile thereof which is certified by the Medical Officer of Health to be dangerous to the health of persons liv- ing in the neighbourhood to be closed, from a date to be specified in the notice, and shall in such case, if no suitable place for burial or burning exists within a reasonable distance, provide a fitting place for the purpose.

(2) Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the committee may impose in this behalf :

Provided that the limits of such burial places, are sufficiently defined, and that they shall only be used for the burial of members of the family of the owners thereof.

⁴[(3) No burial or burning ground, whether public or private, shall be made or formed after the commencement of this Act, except with the sanction in writing of the committee which shall not be granted unless the Medical Officer of Health has cer- tified in writing for the information of the Committee that such burial or burning ground is not prejudicial to public health :

Provided that no such burial or burning ground shall be made or formed ex- cept with the sanction of the State Government.

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The Punjab Municipal Act, 1911, Section 108 65

(4) Should any person, without the permission of the committee, bury or burn, or cause or permit to be buried or burnt, any corpse at any place which is not a burial or burning ground or in any burial or burning ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to fifty rupees. Section 108

108. Removal of corpses. - (1) The committee may, by public notice, prescribe routes for the removal of corpses to burial or burning places.

(2) Whoever carries a corpse along a route prohibited by the committee, or in a manner likely to cause annoyance to the public, shall be punishable with fine which may extend to ten rupees.

Dangerous Animals

Section 109

109. Disposal of mad and stray dogs and other animals. - (1) The committee may-

(a) authorise any person-

(i) to destroy, or cause to be destroyed, or confine, or cause to be confined for such period as the committee may direct, any dog or other animal suffering, or reasonably suspected to be suffering from rabies, or bitten by any dog or other animal suffering or suspected as aforesaid;

(ii) to confine, or cause to be confined, any dogs found wandering about streets or public places without collars or other marks distinguishing them as private property and charge a fee for such detention and destroy or otherwise dispose of any such dog if it is not claimed within one week, and the fee paid ;

(b) issue a temporary or standing order that any dog without collars or other marks distinguishing them as private property, found straying on the streets or beyond the enclosures of the houses of the owners of such dogs may be destroyed and destroy or cause them to be destroyed accordingly. Public notice shall be given of any such order.

(2) No damages shall be payable in respect of any dogs or other animal destroyed or otherwise disposed of under this section.

Section 110

110. Suffering dogs to be at large. - Whoever, being the owner or person in charge of any dog, neglects to restrain it so that it shall not be at large in any street without a nuzzle-

(a) if such dog is likely to annoy or intimidate passengers, or

(b) if the committee has by public notice during the prevalence of rabies di- rected that dogs shall not be at large without muzzles. shall be punishable with fine which may extend to twenty rupees. Section 111

111. Control of elephants, bears or camels. - Whoever, being in-charge of any elephant, camel or bear, omits on being requested to do so to remove as far as may be practicable his elephant, camel or bear, to a safe distance of a horse whether ridden or driven, shall be punishable with fine which may extend to twenty rupees.

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66 The Punjab Municipal Act, 1911, Section 112

Section 112

112. Elephants along public roads. - Whoever, contrary to any orders of the com- mittee, takes an elephant along a street, shall be punishable with fine which may extend to twenty rupees.

Dangerous or Insanitary Buildings or Places

Section 113

113. Power to require buildings, wells, tanks, etc., to be secured. - Should any building, or any well, tank, reservoir, pool, depression or excavation be, for want of sufficient repair, protection or enclosure, dangerous to the persons dwelling or work- ing therein or in the neighbourhood or to persons passing by, the committee may,¹[by notice], require the owner or occupier thereof to repair, protect or enclose the same and should it appear to²[it to be necessary in order to prevent imminent danger, it shall forthwith take such steps to avert the danger as may be necessary.] Section 114

114. Buildings, etc., in dangerous state. - Should any buildings, wall or structure, or anything affixed thereto, or any bank or tree, be deemed by the committee to be in a ruinous state or in any way dangerous, or there be any fallen building or debris or other3 material which is unsightly or is likely to be in any way injurious to health, itmay [by notice,] require the owner thereof either to remove the same or to cause such repairs to be made to the buildings, wall, structure or bank, as the committee may con-

sider necessary for the public safety, and should it appear to⁴[be necessary in order

to prevent imminent danger, the committee shall forthwith take such steps, at the ex-

pense of the owner, to avert the danger as may be necessary.]

Section 115

115. Cleaning of filthy building or land - Should the owner,⁵[part owner] or oc- cupier of any building or land suffer the same to be in a filthy or unwholesome state, the committee may, by notice, require him within twenty-four hours to cleanse the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purpose to do so, may at any time by notice, direct the occupier of any building to lime-wash or otherwise cleanse the

1. The words 'by notice to be substituted by the words "order the Executive Officer by notice to" (vide item

66

The Punjab Municipal Act, 1911, Section 115-A 67

said building inside and outside in the manner and within a period to be specified in the notice.

Section 115-A

115-A. Paving or draining of cattle stands. - The committee may by notice re- quire the owner or occupier of any land on which cattle or other animals are habitually tethered to have the same properly paved or drained or both. Section 116

116. Power to prohibit use for human habitation of buildings unfit for such use. - Should any building, or any part of any building appear to the committee to be unfit for human habitation in consequence of the want of pr1oper means of drainageor ventilation or any, sufficient reason, the committee may [by notice] prohibit the owner or occupier thereof from using the same for human habitation, or suffering it

to be so used until if has been rendered fit for such use to the satisfaction of the com-

mittee, and no such owner or occupier shall inhabit such building or suffer it to be

inhabited until the committee shall have informed in writing the owner or occupier

that the prohibition has been withdrawn.

Section 117

117. Power to require owner to clear away noxious vegetation. - The committee may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation or undergrowth which may appear to the committee to be inju- rious to health or offensive to the neighbourhood.

Section 118

118. Power to require hedges and trees to be trimmed. - The committee may, by notice, require the owner or occupier of any land to cut or trim within three days the hedges growing thereon and bordering on any street or any branches of trees growing thereon which overhang any street and obstruct the same or cause danger, or which so overhang any well tank or other source from which water is derived for public use as to be likely to pollute the water thereof²[or are in any way offensive or injurious to health.]

Section 119

119. Power to require untenanted building becoming a nuisance to be secured or enclosed. - The committee may, by notice, require the owner or partowner, or per- son claiming to be the owner or part owner of any building or land which by reason of abandonment or disputed ownership or other cause has remained untenanted and become a resort of idle and disorderly persons or otherwise a nuisance to secure or enclose the same within a reasonable time fixed in this notice. Section 120

3 [120. Prohibition of cultivation, use of manure or irrigation injurious to health. - If the Medical Officer of Health certifies that the cultivation of any descrip- tion of crop or the use of any kind of manure or the irrigation of land in any specified manner,-

(a) in any place within the limits of any municipality is injurious or facilitates

1. The words "by notice" to be substituted by the words 'order the Executive Officer by notice to' (vide item No. 11, Schedule II Punjab Act 2 of 1931) in the case of municipalities to which Punjab Act 2 of 1931, applies

67

68 The Punjab Municipal Act, 1911, Section 121

practices which are injurious to the health of persons dwelling in the neighbourhood ; or

(b) in any place within or beyond the limits of any municipality is likely to contaminate the water supply of such municipality or otherwise tender it unfit for drinking purposes;

the committee may prohibit the cultivation of such crop, the use of such manure or the employment of the method of irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent such injury or contamination:

Provided that if it is notified by the State Government that the cultivation of such crop, the use of such manure, or the employment of such method of irrigation is prohibited or conditions are imposed with respect thereto, the committee shall be deemed to have ordered such prohibition, or im- posed such conditions and shall issue notice in accordance with the no- tification:

Provided also that, when on any land to which such prohibition applies the act prohibited has been practised during the five years next preceding the prohibition in the ordinary course of husbandry, compensation shall be paid from the municipal fund to all persons interested therein for any damage caused to them by the effect of such prohibition.

(2) Should any person fail within six months from the date of its service to comply with a prohibitory notice issued under sub-section (1), he shall be punishable with fine which may extend to fifty rupees and with a further fine which may extend to five rupees for every day during which the offence is continued.

Dangerous or Offensive Trades

Section 121

121. Regulation of offensive and dangerous trade. - (1) No place within a mu- nicipality shall be used for any of the following purposes:-

melting tallow,¹[dressing raw hides] boiling bones, offal or blood, as a soap house, oil boiling house, dyeing house or tannery ; as a brickfield, brick-kiln²[charcoal-kiln,] pottery or lime kiln; as any other manufactory, engine-house, storehouse or place of business from which offensive or unwholesome smell, gases, noises or smoke arise;

as a yard or depot for trade in unslaked lime hay, straw, thatching grass, wood, charcoal or coal, or other dangerously inflammable material; as a store-house for any explosive or for petroleum or any inflammable oil or spirit:

except under a license from the committee which shall be renewable annu- ally:

Provided that no such license shall be necessary in the case of any such prem- ises which were used for any such purposes at the time that the Punjab

68

The Punjab Municipal Act, 1911, Section 121-A 69

Municipal Act, 1891, came into force, and were registered under that Act and in the case of brickfields, which were used at the time that this Act come into force, but the owner or occupier of the brickfields so excepted shall register the same in a book to be kept by the committee for the pur- pose.

(2) The license shall not be withheld unless the committee consider that the busi- ness which it is intended to establish or maintain would be the cause of annoyance or danger to persons residing in or, frequenting the immediate neighbourhood or that the area should be for general reasons kept clear of the establishment of such business. 1 (3) The committee may charge any fees according to a scale to be approved by the[Deputy Commissioner] for such licenses, and may impose such conditions in re- spect thereof as it may think necessary. Among other condition it may prescribe that

any furnance used in connection with such trade shall, so far as practicable, consume

its own smoke.

(4) The owner or occupier of any place registered under sub-section (1) may apply to have that place licensed under this section. When any such place has been licensed the registration of that place shall thereby be cancelled, and shall not be renewed.

(5) Whoever, without registration or without a license uses any place for any such purpose as is specified in this section or in contravention of the condition of any such license, shall be punishable with fine which may extend to fifty rupees and with a fur- ther fine not exceeding ten rupees for every day during which the offence is continued.

Section 121-A

²[121-A. Consent of committee to use of new factories. - (1) Within any mu- nicipality to which this section shall have been extended by the State Government no person shall use as a factory any place which has not previously been so used without having obtained the consent of the committee.

(2) The consent of the committee may be given without condition or subject to the condition that the owner or user of the said factory shall provide adequate housing ac- commodation for labourers employed in the factory or for any proportion or class of such labourers.

Provided that the consent of the committee shall not be withheld for any rea- son except the refusal of such owner or user to comply with such condi- tion.

Provided further that if the committee neglect or omit to give their consent within a period of two months from the date of application, such consent shall be deemed to have been given without condition.

³[(3) Whosoever commits a breach of the provisions of sub-sections (1) and (2) shall, on conviction, be punishable with a fine which may extend to one thousand ru- pees, and when the breach is a continuing one, with further fine which may extend to one hundred rupees for every day, after the first, during which the breach continues.] Section 122

122. Prohibition of cinematographs and dramatic performances except in li-

1. Substituted by Punjab Act, 34 of 1953, Schedule II, for "Commissioner"

69

70 The Punjab Municipal Act, 1911, Section 123 censed premises. - (1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar appa1ratus for the purpose of which inflammablefilms are used, and no public dramatic [or circus] performance or pantomine, shall be given in any municipality elsewhere than in premises for which a license has been

granted by the committee under this section.

(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any person takes part in any public dramatic or circus performance or pantomine, or if the occupier of any premises allows those premises to be used, in contravention of the provisions of this section or of any condition of a license granted under this section he shall be liable to a fine not exceeding two hundred rupees and in the case of a continuing offence, to a further penalty of fifty rupees for each day during which the offence continues, and the licence if any shall be liable to be re- voked by the committee.

Section 123

123. Power to prohibit such trades. -²[(1) Whenever it appears that any place registered or licensed under the preceding sections is a nuisance to the neighbour- hood or likely to be dangerous to life, health or property, the committee may, and if so required by the State Government shall, by notice require the occupier thereof to discontinue the use of such place, or to effect such alterations, additions or improve- ments as will, in the opinion of the committee, render it no longer a nuisance or dangerous.

(2) Whoever, after any notice has been given under this section, uses such place or permits to be used in such a manner as to be a nuisance to the neighbourhood or dan- gerous, or does not effect such alterations, additions or improvements, shall be punishable with fine which may extend to two hundred rupees and with a further fine not exceeding fifty rupees for every day during which the offence is continued. Section 124

124. Use of steam whistles, etc. -³[(1) No person shall use or employ in any fac- tory or other place any whistle or trumpet or any other mechanical contrivance which emits an offensive noise for the purpose of summoning or dismissing workmen or persons employed, nor shall any person by means of any contrivance increase the noise emitted in any such factory or place by the exhaust pipe of any engine, without the written permission of the committee, in granting which, the committee may im- pose such conditions as it may deem proper, restricting the times at which such whistle or trumpet, or other contrivance may be used.]

(2) The committee may on giving one month's notice revoke any permission given under sub-section (1).

4 (3) Whoever, in contravention of the provisions of this section, uses or employs[any whistle, trumpet or other contrivance,] shall be punishable with a fine which may extend to fifty rupees, and with a further fine which may extend to five rupees

for every day during which the offence is continued.

1. Inserted by Punjab Act 2 of 1923, Section 32

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The Punjab Municipal Act, 1911, Section 125 71

Drains and Privies Section 125

125. Provisions of drains, privies, etc. - (1) The committee may, by notice re- quire the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, cesspool or receptacle for filth or refuse, or provide any additional drains, privies, latrines, urinals, cesspools or other receptacles as aforesaid which should in its opinion be provided for the building or land, in such manner and of such pattern as the committee may direct.

(2) The committee may, by notice, require any person employing more than twenty workmen or labourers to provide such latrines and urinals as it may think fit and to cause the same to be kept in proper order to be daily cleaned ; ¹[- - - -]

(3) The committee may, by notice, require the owner or occupier of any building or land to have any privy, latrine or urinal provided for the same shut out by a suffi- cient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood, or to remove or alter, as the committee may direct, any door or trap- door or a privy, latrine or urinal opening on to any street or drain. ²[(4) The committee may, and when required by the State Government, shall pro- vide latrines and urinals for the use of public.]

Section 126

126. Repair and closing of drains, privies, latrines, urinals and cesspools. - (1) The committee may, by notice, require the owner or occupier of any building or land to repair, alter or put in good order any drain, privy, latrine, urinal, cesspool or recep- tacle for any filth or refuse or to close any drain, privy, latrine, urinal or cesspool belonging thereto.

(2) The committee may, by notice, require any person who may construct any new drain, privy, latrine, urinal cesspool or receptacle for filth or refuse without its per- mission in writing or contrary to its directions or regulations or the provisions of this Act, or who may construct, rebuild or open any drain, privy, latrin, urinal, cesspool or receptacle for filth or refuse which it has ordered to be demolished or stopped up or not to be made, to demolish the drain, privy, latrine, urinal, cesspool or receptacle, or to make such alteration therein as it may think fit.

Section 127

127. Unauthorised building over drain, etc. - The committee may, by notice, re- quire any person who without its permission in writing may newly erect or rebuild any building over any sewer, drain, culvert, water-course or water- pipe vested in the committee to pull down or otherwise deal with same as it may think it. Section 128

128. Removal of latrines, etc, near any source of water supply. - (1) The com- mittee may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifty feet of any spring, well, tank, reservoir or other source from which water

71

72 The Punjab Municipal Act, 1911, Section 129

is or may be derived for public use, to remove or close the same within one week from the service of such notice.

(2) Whoever, without the permission of the committee, makes or keeps for a longer time than one week, after notice under this section any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse, within fifty feet of any spring, well, tank, reservoir, or other source from which water is1 or may be derived for public use,shall be punishable with fine which may extend to [fifty rupees,] and, when a notice has issued with a further fine not exceeding five rupees for each day during which the

offences is continued after the lapse of the period allowed for removal.

Section 129

2 [129. Discharging sewerage. - Whoever without the permission of the commit-

tee, causes or knowingly or negligently allows the contents of any sink, sewer or

cesspool or any other offensive matter to flow, drain or be put upon any street or pub-

lic place, or into any irrigation channel or any sewer or drain not set apart for the

purpose, shall be punishable with fine which may extend to³[five hundred rupees].

Section 129-A

[129-A. Appointment of places for the emptying of drains and disposal of sew- age. - The Executive Officer may cause any or all of the municipal drains to empty into, and all sewage to be disposed of at such place or places as he considers suitable:

Provided that no place which has not been before the commencement of the Punjab Municipal (Amendment) Act, 2003, used for any of the purposes specified in this section, shall after such commencement, be used there- for without the approval of the Municipal Council or Nagar Panchayat, as the case may be :

Provided further that on and after such date as may be appointed by the State Government in this behalf, no sewage shall be discharged into any water- course until it has been so treated as not to effect prejudicially the purity and quality of the water into which it is discharged.]

Section 130

130. Making or altering drains without authority. - Whoever, without the per- mission of the committee, makes or causes to be made, or alters or causes to be altered, any drain leading into any of the sewers or drains vested in the committee shall be punishable with fine which may extend to⁴[five hundred rupees.] Section 131

131. Power to require removal of nuisance arising from tanks and the like. - The committee may, by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, de- pression or excavation therein which may appear to the committee to be injurious to health or offensive to the neighbourhood :

Provided that if for the purpose of affecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the committee shall provide such land or pay such compensation.

1. Substituted for the word "twenty" by Punjab Act 2 of 1923, Section 34

2. Substituted by Punjab Act 3 of 1933, Section 44

72

The Punjab Municipal Act, 1911, Section 132 73

Laying and Connecting Pipes, Sewers and the Like Section 132

132. Power of committee to lay or carry wires, pipes, drains, or sewers through private land subject to payment or compensation for damage sustained provided that no nuisance is created. - The committee may carry any cable, wire, pipe, drain, sewer or channel of any kind, for the purpose of establishing telephonic or other similar communication or of carrying out and establishing or maintaining any system of lighting, drainage or sewerage, through, across, under or over any road, street, or place laid out as or intended for a road or street, and after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building whatsoever situate within the limits of the municipality, and, for the purpose of the introduction, distribution of outfall of water or for the re- moval or outfall of sewerage without such limits, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such ca- ble, wire, pipe, drain, sewer, or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used. Provided that no nuisance more than is necessary caused by the proper exe- cution of the work is created by any such operation ; and

Provided further that reasonable compensation shall be paid to the owner oc- cupier for any damage at the time retained by him and directly occa- sioned by the carrying of any such operations.

Section 133

133. Provision as to wires, pipes, drains, or sewers laid or carried above sur- face of ground. - In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through; over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or oc- cupier to the due enjoyment of such land or building, and reasonable compensation shall be paid in respect of any substantial interference with any such right to such en- joyment.

Section 134

134. Previous Notice to be given. - Except in cases which Sections 203 and 205(c) relate the committee shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under Section 132. Section 135

135. Connection with main not to be mase without permission of Committee.

- (1) No person shall, without the permission of the committee, at any time make, or cause to be made, any connection or communication with any cable, wire, pipe,¹[fer- rule,] drain, sewer or channel constructed or maintained by or vested in the committee for any purpose whatsoever.

(2) Any person acting in contravention of the terms of sub-section (1) shall be pun- ishable with a fine not exceeding²[five hundred rupees.]

Section 136

136. Connection may be made or required by the committee in the case of sew-

73

74 The Punjab Municipal Act, 1911, Section 137 erage¹[- - -] The committee may at any time, establish any connection or commu- nication from any water-main, drain or sewer to any premises, or may by notice require the owner of any such premises to establish any such connection or commu- nication, in such manner and within such times as the committee, by notice in that behalf, may prescribe, at the cost of such owner or occupier. Section 137

137. Power to prescribe size of ferrule and to establish meters and the like. - The committee may prescribe the size of the ferrules to be used for the supply of gas, and may establish meters or other appliances for the purpose of testing the quantity or quality of any gas or electricity for the use of any person or business. Section 138

138. Communication and connection to be made subject to inspection by and to the satisfaction of committee. - The ferrules, communication pipes, connection, meters, stand-pipes and all fittings thereon or connected therewith, leading from mains or service cables, wires, pipes, drains, sewers or channels into any house or land and the wires, pipes, fittings and works inside any such house or within the limits of any such land, shall in all cases be executed subject to the inspection and to the sat- isfaction of the committee.

Section 139

139. Rates and charges may be fixed. - The committee may, from time to time, fix the charges to be made for the establishment by them or through their agency of communications from and connections with mains or service cables, wires and pipes for the supply of lighting, telephonage, or gas and for meters or other appliances for testing the quantity or quality thereof supplied, and may levy such charges accord- ingly.

Section 140

140. ²Troughs and pipes for rain water. - (1) The committee may, by notice, re- quire the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water and sullage from the buildings or land and for discharging the same so as not to inconvenience persons passing along the street.

(2) For the purpose of efficiently draining any building or land the committee may by notice in writing.

(a) require any3 courtyard, alley or passage between two or more buildings tobe paved [by the owner or part-owner of such buildings] with such ma- terials and in such manner as may be approved by⁴[the committee], and

(b) require such paving to be kept in proper repair. Section 141

141. Information to be given of cholera, small pox, etc. - Whoever-

(a) being a medical practitioner or a person openly and constantly practising the medical profession, and in the course of such practice becoming cog- nizant of the existence of any infectious disease in any dwelling other

74

The Punjab Municipal Act, 1911, Section 142 75

than a public hospital ; or, in default of such medical practitioner or per- son practising the medical profession;

(b) being the owner or occupier of such dwelling, and being cognizant of the existence of any such disease therein ; or in default of such owner or oc- cupier;

(c) being the person in charge of, or in attendance on, any person suffering from any such disease in such dwelling, and being cognizant of the ex- istence of the disease therein.

1 [fails forthwith to give information, or knowingly, gives false information to the Medical Officer of Health or to any other officer to whom the committee may require information to be given respecting the existence of such disease, shall be punishable with fine which may extend to fifty rupees]:

Provided that a person, not required to give information in the first instance, but only in default of some other person, shall not be punishable if it be shown that he had reasonable cause to suppose that the information had been or would be, duly given.

Section 142

142. Removal to hospital of patients suffering from infectious diseases. -²[(1) In any municipality to which this section may at any time be extended by the State Government, when any person suffering from any infectious disease is found to be-

(a) Without proper lodging or accommodation,

(b) living in a sarai³[hotel, boarding house] or other public hostel, or 4 [(c) living in a room or house which he neither owns nor pays rent for, nor occupies as the guest or relative of any person who owns or pays rent for it, or]

(d) lodged in premises occupied by members of two or more families and any of such occupiers objects to his continuing to lodge in such premises, the committee, by any person authorized by it in this behalf, may, on the ad- vice of any medical officer of rank not inferior to that of an assistant sur- geon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal.

5 [(2) The committee shall, if required by the State Government erect an infectious diseases hospital of such type and dimensions as the State Government shall deem expedient.

Section 143

6 [143. Disinfection of buildings and articles. - If the committee is of opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, which is likely to retain infection, will tend to prevent or check the spread of any dis- ease, it may, by notice, require the owner or occupier to cleanse or disinfect the same,

1. Substituted by Punjab Act 3 of 1933, Section 46

75

76 The Punjab Municipal Act, 1911, Section 144

or to destroy such article, in the manner and within the time prescribed in such no- tice].

Section 144

144. Penalty for letting infected houses. - Every person knowingly letting a house or other building or part of a house or building in which any person has been suffering from an infectious disease, without having such house or other building or part thereof and all articles therein liable to retain infection disinfected to the satis- faction of the committee shall be liable to a penalty not exceeding two hundred rupees.

For the purpose of this section a hotel or lodging house keeper shall be deemed to let part of his house to any person admitted as a guest into his hotel or lodging-house. Section 145

145. Provision of places and appliances for disinfection. -¹[The committee may, and when the State Government so directs, shall]-

(a) provide proper places, with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection ; and

(b) cause conveyances, clothing or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be ap- proved by it, and

(c) direct any clothing, bedding, or other articles likely to retain infection to be disinfected or destroyed, and shall give compensation for any articles destroyed under this sub-section.

Section 146

146. Acts done by persons suffering from certain disorders. - Whoever, while suffering from an infectious, contagious or loathsome disorder-

(a) makes or offers for sale any articles and food or drink for human con- sumption or any medicine or drug, or

(b) wilfully touches any such article, medicine or drug, when exposed for sale by others, or

(c) takes any part in the business of washing or carrying soiled clothes, shall be punishable with fine which may extend to twenty rupees. Section 147

2 [147. Keeping of animals so as to be injurious to health. - Whoever keeps any swine or other animals in disregard of any orders which the committee may give to prevent them from becoming a nuisance or so as to be injurious to the health of the inhabitants or of animals shall be punishable with fine which may extend to twenty rupees, and to fifty rupees for every such subsequent offence]. Section 148

148. Feeding animals on deleterious substances. - Whoever feeds or allows to be fed any animals which is kept for dairy purposes or may be used for food on delete-

76

The Punjab Municipal Act, 1911, Section 149 77

rious substances, filth or refuse of any kind, shall be punishable with fine which may extend to fifty rupees.

Section 149

149. Prohibition by com1mittee of use of unwholesome water. - Should the com-mittee, on the report of the [medical officer or health,] consider that the water in any well, tank or other place is likely, if used for drinking, to engender or cause the spread

of any dangerous disease, it may-

(a) by public notice prohibit the removal or use of such water for drinking ;

(b) by notice require the owner or person having control of such well, tank or place to take such steps as may be specified in the notice to prevent the public from having access to or using such water ; or

(c) take such steps as it may, on the advise of the²[medical officer of health] consider expedient to prevent the danger or spread of any such disease. Section 150

150. Penalty for selling food or drink not of the nature, substance or quality of the article demanded by the purchaser. - (1) Whoever sells, to the prejudice of any purchaser, any article of food or drink which is not of the nature, substance or quality of the article demanded by such purchaser, shall be punishable with fine which may extend to one hundred rupees :

Provided that an offence shall not be deemed to be committed under this sec- tion in the following cases, that it to say-

(a) where any matter or ingredient not injurious to health has been added to food or drink in order to the production or preparation of the same as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure or conceal the infe- rior quality thereof;

(b) where food or drink is unavoidably mixed with some extraneous matter in the process of collection or preparation.

(2) In any prosecution under this section it shall be no defence to allege that the vendor was ignorant of the nature, substance or quality of the article sold by him, or that the purchaser, having bought such article only for analysis, was not prejudiced by the sale ;

3 [Provided that this section shall not apply to those areas to which the State Government has directed or may direct that the⁴[Punjab Pure Food Act, 1929 shall apply.]

Section 151

151. Soliciting alms. - (1) Whoever, in any street or public place within the mu- nicipality, begs importunately for alms, or exposes, or exhibits with the object of exciting charity, any deformity or disease, or any offensive sore or wound, shall be punishable with imprisonment of either description, which may extend to three months, or with a fine not exceeding fifty rupees, or with both, provided that-

1. Substituted for the words "civil surgeon or health officer" by Section 40 of Punjab Act 2 of 1923

77

78 The Punjab Municipal Act, 1911, Section 152

(a) in the case of a first offence, the Court may, if it thinks fit, instead of sen- tencing the convict to any punishment release him after due admonition;

(b) in any case, the court may, if it is satisfied of the inability of the convict to earn a livelihood, owing to physical infirmity or debility and if the per- son-in-charge of any poor house in the municipality certifies that he is willing to receive him, direct that the convict be received into such poor house, after being released on entering into a bond, with or without sure- ties, to appear and receive sentence, when called upon during such pe- riod, not exceeding three years as the court may direct.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, an offence punishable under this section shall be cognizable ; and notwithstanding anything contained in this Act, a court may take cognizance of such an offence in the manner provided by Section 190 of the Code of Criminal Procedure, 1888. Section 152

152. Power over disorderly houses and prostitutes. - (1) The committee may by public notice, prohibit in any specified part of the municipality-

(a) the keeping of a brothel ;

(b) the residence of any person who practices prostitution.

(2) Whoever after the date specified in the public notice issued under sub- section (1)-

(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area ; or

(b) being the tenant, lessee or occupier of any premises knowingly permits such premises or any part thereof to be used as a brothel or for the pur- poses of habitual prostitution within the prohibited area ; or

(c) being the lessor or landlord, of any premises, or the agent to such lessor or landlord, lets the same or any part thereof, within the prohibited area with the knowledge that such premises or some part thereof are, or is used as a brothel or for the purposes of habitual prostitution, or is wilfully a party to the continued use of such premises as a brothel or for the pur- poses of habitual prostitution ; or

(d) being a practising prostitute resides within the prohibited area ; shall be punishable with imprisonment of either description, for a term which may extend to one month, or with fine which may extend to one hundred rupees or with both, and in the case of a continuing offence with an additional fine not exceeding ten rupees for every day after the first during which the offence continues] Section 153

153. Brothel. - On the complaint of the committee or of three or more inhabitants of a municipality that a house within the limits of the municipality is used as a brothel or by disordely persons of any description to the annoyance of the respectable inhabi- tants of the vicinity or that any such house is used as a brothel in the neighbourhood of cantonment or of an educational institution or boarding house or of any place of worship any magistrate of the 1st class having as such jurisdiction in the place where the house is situated may summon the owner or tenant of the house and on being sat- isfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational in- stitution or boarding-house, or of any place of worship, may order the owner or tenant to discontinue such use of it and if he shall fail to comply with such order within five

78

The Punjab Municipal Act, 1911, Section 154 79

days, may impose upon him a fine not exceeding twenty-five rupees for every day thereafter that the house shall be so used.

Scavenging and House-scavenging

Section 154

154. Removal and deposit of offensive matters. - The committee may fix places within or, with the approval of the District Magistrate, beyond the limits of the mu- nicipality for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals, and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or of- fensive matter or dead bodies of animals may be removed along any street and deposit at such places.

Section 154-A

1 [154-A. Preparation to compost manure. - Where the State Government so re- quires it shall be the duty of the Committee to subject all dung to the process of making compost manure.

Section 154-B

154-B. ²[Power to acquire, etc. - (1) Where the property in any dung vests in any person or class of persons other than the committee, the Committee, required under the last preceding section, shall acquire, either permanently or for such period as it may deem fit, the rights or interests in the dung belonging to the aforesaid persons, on payment of such compensation as the committee may consider reasonable and may assess in the manner prescribed.

3 [(2) Where any such dung is requisitioned or acquired under this section the amount of compensation payable shall be determined in the manner and in accord- ance with the principle enumerated below:-

(a) where the amount of compensation can be fixed by agreement, it shall be paid in accordance with such agreement ;

(b) where no such agreement can be reached, the Committee and the person or persons as aforesaid shall appoint an arbitrator having knowledge of the price of the property or interest in the dung requisitioned or acquired:

(c) at the commencement of the proceedings before the arbitrator, the com- mittee and the person, to be compensated shall state what, in their respec- tive opinion, is the fair amount of compensation ;

(d) the arbitrator in making his award shall take into consideration the market value of the dung in the locality, the damage, if any, resulting from dimi- nution of the profits accruing to the person or persons aforesaid and any other factor of a like nature ;

(e) save as otherwise hereinafter provided in this Act or the rules made there- under, nothing in any other law for the time being in force shall apply to arbitration under this section].

1. Sections 154-A, 154-B, 154-C and 154-D, inserted by East Punjab Act 20 of 1949, Section 4

79

80 The Punjab Municipal Act, 1911, Section 154-C

Section 154-C

154-C. Right of appeal and revision. - (1) Any person aggrieved by¹[an award made] under Sectio2n 154-B may, within thirty days from the date of the communi-cation to him of the [award] prefer an appeal in writing to the Deputy Commissioner of the district wherein the Committee is situated :

Provided where the Deputy Commissioner is himself a member of the Com-

mittee against whose decision the appeal has been preferred, the fact of

his being a member shall not disqualify him from hearing the appeal.

(2) The Deputy Commissioner shall decide the appeal after sending for the records of the case from the Committee and after giving the parties an opportunity of being heard and, if necessary, after making such further enquiry as he thinks fit either per- sonally or through an officer subordinate to him.

(3) A further appeal shall lie to the State Government provided that when³[the award is] confirmed by the Deputy Commissioner no such appeal shall lie.

(4) The State Government⁴[ - ] may, at any time, call for the record of any case pending before or disposed of by the Deputy Commissioner :

Provided that this power shall not be exe5rcised by the State Governmentwhen an appeal has been preferred to [it] under sub-section (3) :

Provided further that the State Government⁶[- - -] shall not under this sub-

section pass an order revising or modifying an order affecting any person

without giving such person an opportunity of being heard :

7 [-]

Section 154-D

154-D. Jurisdiction of civil courts barred. - Notwithstanding anything contained in any other law for time being in force, no civil court shall have jurisdiction to en- tertain or adjudicate in any suit, application or other proceedings relating to the right or interest to, or in the compensation referred to in Section 154-B or 154-C or the amount or apportionment or the payment thereof or any matter connected therewith. Section 155

155. Failure to remove offensive matter. - Whoever, being the owner or occupier of any building or land, keeps or knowingly or negligently allows to be kept for more than twenty-four hours on otherwise than in some proper receptacle or pit, any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter in or upon such building or land, or suffers any such receptacle or pit to be in a filthy or noxious state, or neglects to employ proper means 8to cleanse and purify the same, shall bepunishable with fine which may extend to [five hundred rupees]. Section 156

9 [156. Depositing or throwing of earth or material of any description on roads

or into drains. - Whoever, without the permission of the committee or in disregard

80

The Punjab Municipal Act, 1911, Section 156-A 81

of its order, throws or deposits, or permits his servants or members of his household under his control to throw or deposit earth or materials of any description, or refuse, rubbish or offensive matter of any kind upon any street or public place or into any ir- rigation channel or public sewer or public drain or into any drain communicating with an irrigation channel o1r a public sewer or public drain, shall be punishable with finewhich may extend to [five hundred rupees]. Section 156-A

2 [156-A. Spitting in places other than drains or receptacles provided. - Who-

ever, in a public place within the limits of a municipality to which the operation of

this section has been extended by a notification by the State Government in this be-

half, spits in a place other than a drain or a receptacle provided by the committee for

this purpose shall, on conviction by a Magistrate of the first or second class, be pun-

ishable with fine which may extend to³[five hundred rupees].

Section 157

157. Nuisance by children and others. - Whoever permits any person under his control to whom the provisions of Sections 82, 83 and 84 of the Indian Penal Code are applicable to commit a nuisance upon any street or into any public sewer or drain or any d4rain communicating therewith shall be punishable with fine which may ex-tend to [five hundred rupees.] Section 158

158. Definition of house scavenging. - The removal of filth, rubbish, ordure or other offensive matter from a privy, latrine, urinal, cess-pool or other common recep- tacle for such matter in or pertaining to house or building is called house scavenging. Section 159

159. Undertaking by committee of house-scavenging generally. - (1) Subject to the provisions hereinafter contained with respect to the customary rights of sweep- ers the committee may at any time undertake the house- scavenging of any house or building on the application or with the consent of occupier. 5 [(2) The committee may by public notice, except in cases to which Section 166 is applicable, undertake the house-scavenging of any house or buildings in the munici- pality from any date not less than two months after issue of the notice.]

(3) The occupier of any house or building affected by the notice may at any time, after the issue thereof, apply to the committee to exclude that house or building from the notice.

(4) The committee shall consider and pass orders upon every such application within six weeks of the receipt thereof, and may, by any such order, exclude such house or building from the notice.

(5) In deciding whether to exclude any house or building from the notice, the com- mittee shall consider among other matters, the efficiency of the arrangements for house-scavenging made by the occupier (if any) and purpose to which he applies the matter dealt within house-scavenging.

1. Substituted by Punjab Act 8 of 1974, Section 9

2. Added by Punjab Act 23 of 1952, Section 4

81

82 The Punjab Municipal Act, 1911, Section 160

Section 160

160. Saving in favour of customary sweepers and of agriculturist. - Notwith- standing anything in the last forgoing section, the committee shall not except in accordance with the provisions of this chapter -

(a) undertake the house-scavenging of any house or building in respect whereof any sweeper has a customary right to do such house-scavenging,

(b) without the consent of the occupier undertake the house- scavenging of any house or building occupied by an agriculturist who himself cultivates land within municipal limits or in a village co-terminus therewith. Section 161

161. Continuance of house-scavenging once undertaken by committee. - When once the committee has undertaken the house-scavenging of any house-or building under this chapter, it may continue to perform such house-scavenging with or without the consent of the occupier for the time being of such house or building. Section 162

162. Obligation of committee to perform house-scavenging properly. - When the committee has undertaken the house-scavenging of any house or building, it shall be bound to perform the same properly, until it shall have relieved itself of the obli- gation by an order under Section 159, sub-section (4).

Section 163

163. Powers of municipal servants for house-scavenging purposes. - The ser- vants of the committee employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house- scavenging under- taken by the committee.

Section 164

164. Vesting in committee of collection from house-scavenging. - All matters removed by the servants of the committee in the course of house- scavenging shall belong to the committee.

Section 165

165. Punishment of customary sweepers for negligence. - (1) Should a sweeper who has a customary right to do the house-scavenging of a house or building (here- inafter called the customary sweeper) fail to perform such house- scavenging in a proper way and at reasonable i1ntervals, the occupier of the house or building or thecommittee may complain to a [judicial magistrate].

(2) The magistrate receiving such complaint shall hold an enquiry, and, should it appear to him that the customary sweeper has failed to perform the house-scavenging of the house or building in a proper way or at reasonable intervals, he may impose upon such sweepers a fine which may extend to ten rupees, and, upon a second or any later conviction in regard to the same house or building, may also direct the right of the customary sweeper to do the house-scavenging of the house or building to be for- feited, and thereupon such right shall be forfeited accordingly. 2 [(3) Should any sweeper (other than a customary sweeper) who is under contract to do the house-scavenging of a house or building discontinue to do such house-scav- enging without having given 14 days' notice to his employer or without reasonable

1. Substituted for the words "magistrate" by Punjab Act 23 of 1964

2. Added by Punjab Act 2 of 1923

82

The Punjab Municipal Act, 1911, Section 166 83

cause, he shall on conviction be punishable with a fine which may extend to ten ru- pees].

Section 166

166. Punishment of cultivators for failure to provide for proper house- scav- enging. - (1) Should any person, who himself or any member of whose family residing with him cultivates land within municipal limits or in a village within two miles from the municipal limits fail to provide for the proper house-scavenging of any house or building occupied by him within the limits of the municipality, the com- mittee may complain to a¹[judicial magistrate].

(2) The magistrate receiving the complaint shall hold an enquiry, and, should it ap- pear to him that such person has not provided for the proper house- scavenging of the house or building, he may pass an order empowering the committee to undertake the same, and thereupon the committee shall be entitled to undertake such house-scav- enging.

Slaughter Places

Section 167

167. Places for slaughter of animals for sale. - (1) The committee may, and shall when so required by the State Government, fix premises with the approval of the Deputy Commissioner, either within or without the limits of the municipality, for the slaughter of animals for sale, or of any specified description of such animals, and may, with the like approval, grant and withdraw licences for the use of such premises or, if they belong to the committee, charge rent or fees for the use of the same.

(2) When such premises have been fixed by the committee beyond municipal lim- its, it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.

(3) When any such premises have been fixed no person shall slaughter any such animal for sale within the municipality at any other place.

(4) Any person who slaughters for sale any animal at any place within a munici- pality other than one fixed by the committee under this section, if any places have been so fixed, shall be punishable with fine which may extend to²[five hundred ru- pees.]

Section 168

168. Disposal of dead animals. (1) Whenever any animal in the charge of any per- son dies otherwise than by slaughter either for sale or for some religious purpose, the person in charge thereof shall within twenty four hours either-

(a) convey the carcass to a place (if any) fixed by the committee under Sec- tion 154 for the disposal of the dead bodies of animals or to any place at least one mile beyond the limits of the municipality ; or

(b) give notice of the death to the committee whereupon the committee shall cause the carcass to be disposed of.

(2) In respect of the disposal of the dead body of an animal under clause (b) of sub- section (1), the committee may charge, such fee as the committee may, by public notice, have prescribed.

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84 The Punjab Municipal Act, 1911, Section 169

(3) For the purpose of this section the word "animal" shall be deemed to mean all horned cattle, elephants, camels, horses, ponies, asses, mules, deer, sheep, goats, swine and other large animals.

(4) Any person bound to act in accordance with sub-section (1) of this section shall, if he fails so to act, be punishable with fine which may extend to¹[five hundred ru- pees.]

Streets and Buildings

Section 169

169. Powers in connection with streets. - The committee-

(a) may lay out and make a new public street and construct tunnels and other works subsidiary thereto, and

(b) may widen, lengthen, extend, enlarge, raise, or lower the level of or oth- erwise improve any existing public street vested in the committee, and

(c) may close temporarily any public street or any part thereof for any public purpose, and

(d) may turn, divert, discontinue or close any public street so vested, and

(e) may provide within its discretion building sites of such dimensions as it deems fit, to abut on or adjoins any public street made, widened, length- ened, extended, enlarged, imposed, or the level of which has been raised or lowered by the committee under clauses (a) and (b) or by the State Government, and

(f) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the committee may acquire any land, along with the building thereon, which it deems necessary for the purpose of any scheme of work undertaken or projected in exercise of the powers conferred under the preceding clause, and

2 [(g) subject to the provisions of any rule prescribing the conditions on which property vesting in the committee may be transferred, may lease, sell or otherwise dispose of any property acquired by the committee under clause (f) ; or any land vesting in and used by the committee for a public street and no longer required therefor, and in so doing may impose con- ditions regulating the removal and construction of building upon it and the other uses to which such land may be put:]

Provided that land owned by proprietors other than the³[Government] shall become the absolute property of the committee after it has continuously vested in the committee for use as a public street for a period of twenty- five years : but that the possession of such land that ceases to be required for use as a public street before the expiry of twenty five years from the time that it became vested in the committee shall be transferred to the proprietor thereof, on payment by him of reasonable compensation to the committee for improvements of such land, and subject to such restric- tions as the committee may impose on the future use of such land, and

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The Punjab Municipal Act, 1911, Section 170 85

that should the proprietor be unable or unwilling to pay the amount of such compensation the committee may, subject to such conditions as it may deem fit sell the land, and shall pay to the owner the proceeds, if any, over and above the amount of such compensation which shall be paid into the municipal fund, or may dispose of it in such manner as it may deem fit.]

Section 170

¹[170. Powers to require protection of streets during cutting down of trees, erection or demolition of buildings etc.- (1) No person shall cut down any trees or cut off a branch of any tree, or erect or demolish any building or part of a building or alter or repair the outside of any building, where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person using a street, without the previous permission in writing of the committee.

(2) The committee may at any time by notice require that any person doing or pro- posing to do any of the acts referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screen as are specified or described in the notice and may further at any time by notice require the removal, within a time to be specified in the notice, of any hoarding or screen erected in anticipation or in pursu- ance of any of the said acts.

(3) Whoever contravenes the provisions of sub-section (1) or fails to comply with the terms of a notice under sub-section (2) shall be punishable with fine which may extend to fifty rupees and when the contravention or non- compliance is a continuing one, with a further fine which may extend to five rupees for every day after the first during which the contravention or non- compliance continues. Section 170-A

²[170-A. Notice to be given and sanction obtained before making a street. - (1) No person shall lay out or make or commence to lay out or make a street without the sanction of the committee.

(2) Every person who intends to lay out or make a street shall give notice in writing to the committee of such intention.

(3) Where a committee has issued an order under clause (b) of section 170-B no no- tice under sub-section (2) shall be deemed to be valid until the particulars required under such order have been furnished to the satisfaction of the committee.] Section 170-B

³[170-B. Order of committee on notice being given under section⁴[170-A].- The committee may, within one month of the receipt of the notice required by sub-section (2) of section⁵[170- A], issue-

(a) an order directing that for a period therein specified, which shall not be longer than one month from the date of such order, the intended work shall not be proceeded with ; or

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86 The Punjab Municipal Act, 1911, Section 170-C

(b) an order requiring further particulars. Section 170-C

¹170-C. Sanction of committee with regard to new street:- Within two months after the receipt of the notice required by sub-section (2) of section²[170-A] the com- mittee may refuse to sanction the proposed street, or may sanction it either absolutely or subject to such written directions as to level, metalling, paving, means of drainage, direction and width as the committee may deem fit to issue and the person laying out or making such street shall comply with the sanction of the committee in every par- ticular:

Provided that should the committee neglect or omit for two months after the receipt o3f such notice or if an order has been issued under clause (b) ofsection [170-B], fail within the period specified in such order, to make and deliver to the person who has given such notice and order of sanction

or refusal in respect thereof, it shall be deemed to have sanctioned the

proposed street absolutely.

Section 170-D

⁴[170-D. Power of sanction:- Every sanction for the laying out or making of a

street which shall be given, or be deemed to have been given, by a committee, shall

remain in force for one year only from the date of such sanction. Should the laying

out or making of the street not have been commenced within the said period of one

year, the sanction shall be deemed to have lapsed; but such lapse shall not bar any

subsequent application for fresh sanction under the foregoing provisions of this Act.

[Explanation: :- A street shall be deemed to be made or laid out when it is demar- cated on the ground by permanent boundary marks.]

Section 170-E

⁵[170-E. Penalty:- Whoever begins, continues or completes the laying out or mak- ing of a street without giving the notice required by section⁶[170-A], or in contravention of any written direction made under section⁷[170-C], or of any bye- law or provision of this Act, shall be liable to a fine which may extend to five hundred rupees.

Section 170-F

⁸[170-F. Notice to owner of land under street:- In any case where the committee considers that any land is being or has been laid out as a street without the notice re- quired by section 170-A having been given or in contravention of any written direction made by the committee under section⁹[170-C] or of any bye-law or provi- sion of this Act. the committee may, by notice in writing, require the owner of the land to alter the street in such manner as it deems necessary. Section 171

171. Power to require repairs of streets and to declare such streets public :-

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The Punjab Municipal Act, 1911, Section 172 87

1 [(1) (a) When the municipal committee considers that in any street other than a pub- lic street, or in any part of such street within the municipality, it is necessary, for the public health, convenience or safety, that any work should be done for the levelling, paving metaling, flagging channelling, draining, lighting or cleaning thereof, the mu- nicipal committee may by written notice require the owner or owners of such street or part thereof, to carry out such work in a manner and within a time to be specified in such notice; and

(b) Should the owner refuse or should he fail to carry out the work within the time specified, the committee may, by written notice, require the owners of the land or buildings, fronting, adjoining or abutting upon such street or part thereof to carry out the work in such manner and within such time as may be specified in the notice.

(2) If compliance with the terms of the notice issued under clause (b) of sub-section

(1) is not effected within the time specified, the committee may, if it thinks fit, itself execute the work and may recover under the provisions of section 81 the expenses in- curred in doing so in such proportions as it may deem equitable from the owner of the street and the persons served with a notice under clause (b) of sub-section (1).

(3) After such work has been carried out by the person served with a notice under clause (b) of sub-section (1) or as provided in sub-section (2) by the committee at the expense of such persons and the owner of the street, the street or part thereof, in which such work has been done, may, and on the requisition of the owner or owners of the major portion of the said street of part thereof, or on the requisition of a majority of the persons served with a notice under clause (b) of sub-section (1), it shall be de- clared by a public notice to be put up therein by the committee to be a public street and shall vest in the committee.

(4) A committee may at any time, by notice fixed up in any street or part thereof not maintainable by the committee give intimation of their intention to declare the same a public street, and unless within one month next after such notice has been so put up, the owner or any one of several owners of such street or such part of a street lodge objection thereto at the Municipal office, the Municipal Committee may, by notice in writing, put in such street, or such part, declare the same to be a public street vested in the committee.

(5) This section shall not take effect in any municipality until it has been specially extended thereto by the State Government, of its own motion or at the request of the committee.

Section 172

172. Punishment for [²] overhanging structure over street--(1) Whoever with- out the written permission of the committee [³] erects or re-erects any immovable overhanging structure projecting into a street at any point above the said ground level, shall be punishable with imprisonment of either description which may extend to one month and shall also be liable to fine which may extend to one thousand ru- pees.

(2) The committee may, by notice require the owner or occupier of any building to

1. Substituted by Punjab Act 3 of 1933, section 62.

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88 The Punjab Municipal Act, 1911, Section 172-A

remove or alter, within a specified time not exceeding six weeks, such [¹] overhang- ing structure as aforesaid, and no compensation shall be claimable in respect of such removal or alteration:

Provided that if a pe2riod of more than three years has elasped from the com-pletion of the [ over hanging structure, no prosecution shall lie under sub section (1) - nor shall such] overhanging structure be required to be

removed or altered without payment of reasonable compensation].

Section 172-A

³[172-A(1). Punishment for encroachment upon land, premises or public

place. - Whoever makes any encroachment, by raising a temporary or permanent

structure on any land, premises or public place, not being private property whether

such land, premises or public place belongs to or vests in the committee or not shall

on conviction be published with simple imprisonment which shall not be less than

one month, but which may extend to three years and with fine which may extend to

twenty thousand rupees :

Provided that parking of rehari temporarily or setting up steps for providing

passage to the houses and shops is a street for a drain, channel, well or

tank passing through or by the side of land, premises or public place shall

not be constructed as an encroachment.

(2) The Executive Officer or any other officer authorised by the Committee in this behalf shall have power to remove any such encroachment and the expenses of such removal shall be paid by the person who has caused the said encroachment.

(3) Notwithstanding anything contained in the foregoing provisions, the Executive Officer or the officer authorised by the Committee in this behalf, shall, in addition to any other action which may be taken under this section, also have power to seize or attach any property found on the land, premises or public place referred to in this sec- tion or, as the case may be, attached to or permanently fastened to anything attached to such land, premises or public place.

(4) Where any property is seized or attached in terms of sub-section (3) by an officer authorised by the Committee, he shall immediately make a report of such seizure or attachment to the Executive Officer.

(5) The Executive Officer may make such order as he may think fit for the proper custody of the property seized or attached, pending the conclusion of confiscation proceedings and if, the property is subject to speedy and natural decay, or it is oth- erwise expedient so to do, the Executive Officer may cause it to be sold or otherwise disposed of.

(6) Where any property is sold as aforesaid, the sale proceeds thereof after deduc- tion of the expenses of any such sale or other incidental expenses relating thereto, shall -

(a) Where no order of confiscation is passed by the Committee under sub- section (7); or

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The Punjab Municipal Act, 1911, Section 173 89

(b) Where an order passed in appeal, under sub- section (11) so requires, be paid to the owner thereof or the person from whom, it is seized.

(7) Where any property is seized or attached, under sub-section (3), the Committee may subject to the provisions of sub-section (8), order confiscation of such property.

(8) No order for confiscating a property under sub-section (7) shall be made unless the owner of such property or the person from whom it is seized or attached is given,-

(a) a notice in writing, informing him of the grounds on which it is proposed to confiscate the property;

(b) an opportunity of making a representation in writing, within such reason- able time as may be specified in the notice against the grounds of confis- cation; and

(c) a reasonable opportunity of being heard in the matter.

(9) The order of any confiscation made under sub-section (7), shall not prevent the infliction of any punishment to which the person affected thereby is liable under this Act.

(10) Any person aggrieved by such confiscation order made under sub- section (7), may, within one month from the date of communication to him of such order, appeal against it to the District Judge of the District in which such property is seized or at- tached.

(11) On such appeal, the District Judge may, after giving an opportunity to the ap- pellant and the respondent to be heard, direct the order to be stayed pending disposal of the appeal, or may modify; alter or annul the order and make any further order that he may think proper in the matter.

(12) Subject to the provisions of sub-section (5), whenever any property is seized or attached pending confiscation under sub-section (7), the Committee or the District Judge shall have, and notwithstanding anything to the contrary contained in any other law for the time being in force, any court, tribunal or other authority shall not have jurisdiction to make order with regard to the possession, delivery, disposal, release or distribution of such property.

(13) Where any person is prosecuted of an offence for the contravention of the pro- visions of sub-section (1), the burden of proving that he has not committed the said offence, shall be on such person.

(14) Whoever being an employee of the Committee permits any body to encroach upon or abets to encroach upon any property specified in sub-section (1), shall on conviction be punished with simple imprisonment for a term which may extend to one month or fine which may extend to one thousand rupees or with both:

Provided that no court shall take cognizance against such employee for the offence punishable under this sub-section except with the provious sanction of the Committee.

(15) No investigation of an offence for contravention of the provisions of sub-sec- tion (1) or sub-section (14), as the case may be, shall be made by an officer below the rank of a Deputy Superintendent of Police.

Section 173

173. Power to permit occupation of public street and to remove obstruction. -

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90 The Punjab Municipal Act, 1911, Section 174

1 [(1) The committee may grant permission in writing, on such conditions as it may deem fit for the safety or convenience of persons passing by, or dwelling or working in the neighbourhood, and may charge fees for such permission, and may at its dis- cretion withdraw the permission, to any person to-

(a) place in front of any building any movable encroachment upon the ground level of any public street or over or on any sewer drain or water- course or any movable overhanging structure projecting into such public street at a point above the said ground level,

(b) take up or alter the pavement or other materials for the fences or posts of any public street, or

(c) deposit or cause to be deposited building materials, goods for sale, or other articles on any public street, or

(d) make any hole or excavation on, in or under any street, or remove mate- rials from beneath any street, so as to cause risk of subsidence, or

(e) erect or set up any fence, post, stall or scaffolding in any public street.

(2) Whoever does any of the acts mentioned in sub-section (1) without the written 2permission of the committee shall be punishable with fine which may extend to[five hundred rupees] and the committee or the secretary of the committee or the Medical Officer of Health or any person authorised by the committee may-

(i) after reasonable opportunity has been given to the owner to remove his material and he has failed to do so, remove or cause to be removed by the police, or any other agency, any such movable encroachments or over- hanging structures and any such materials, goods or articles, of merchan- dise and any such fence, post, stall, or scaffolding.

(ii) and take measures to restore the street to the condition it was in before any such alteration, excavation or damage.

(8) If the material specified in clause (i) of sub-section (2) has not been claimed by the owner within a fortnight of its having been deposited for safe custody by the com- mittee or if the owner shall fail to pay to the committee the actual cost of removal or deposit in safe custody, the committee may have the material sold by auction at the risk of the owner, and the balance of the proceeds of such sale shall after deduction of the expenditure incurred by the committee be paid to the owner, or if the owner cannot be found, or refuses to accept payment the balance shall be kept in deposit by the committee until claimed at the risk of the person entitled thereto and if no claim is made within two years the committee may credit the amount to the municipal fund.

Explanation:- For the purposes of this section 'movable encroachment' includes a seat or settee and 'movable overhanging structure' includes an awning of any mate- rial.

Section 174

174. Power to regulate line of building:-³[(1) Should any house, shop, wall or other building or part of a building project beyond the regular line of a street, either existing or determined on for the future, or beyond the front of the building on either side thereof, the committee may, whenever such house, shop, wall or other building

1. Substituted by Punjab Act 3 of 1933, section 64

2. Substituted for the words 'fifty rupees' by Punjab Act 8 of 1974, Section 9.

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The Punjab Municipal Act, 1911, Section 174-A 91

or part thereof, has been either entirely or in greater part taken down or burned down, or has fallen down, by notice require such building or part when being rebuilt to be set back to or towards the said regular line or the front of the adjoining buildings; and the portion of the land added to the street by such setting back or removal shall be- come part of the street and shall vest in the committee:

Provided that the committee shall make full compensatio1n to the owner of thebuilding, or of the land thus vacated for any damage [----]he may sustain in consequence of his building or any part thereof being set back.

(2) The Committee may, on such terms as it may think fit, allow any building to be set forward for the improvement] of the line of the street. Section 174-A

174-A. Special provisions regarding streets belonging to Government:- Not- withstanding anything contained in sections 172, 173 or 174 in clause (u) of section 188, and subject to any general or special order that the State Government may make in this behalf²[if any street is vested in the State Government)]-

(a) the committee, shall not, in respect of such street, grant permission to do any act the doing of which without the written permission of the commit- tee is punishable under section 172 or section 173 or allow any building to be set forward under the pro3visions of sub-section (2) of section 174.except with the sanction of the [State] Government which may be given in respect of a class of cases generally or in respect of a particular case;

(b) the committee shall, if so required by the⁴[State] Government, exercise the power conferred upon it by sub-section (2) of section 172 or sub-sec- tion (2) of section 173 or sub-section (1) of section 174 or clause (u) of section 188 or any bye-law made in exercise of the power conferred by clause (u) of section 188 in respect of any encroachment or overhanging structure on or over such street or any materials, goods or articles of mer- chandise deposited on such street or fence, post stall or scaffolding erected or set up in any such street or in respect of any building or part of a building which projects beyond the regular line of such street. Section 175

175. Removal or alteration5 of any balcony, projection or structure, etc., onpayment or compensation:- [The committee may subject to the payment of rea- sonable compensation, by notice, require the owner or occupier of any building

within a period of not less than six weeks to be specified in such notice to remove or

alter any balcony, projection, structure or verandah, erected with the sanction of the

committee, overhanging, projecting into or encroaching on any street or into or on

any drain, sewer or aqueduct therein.]

Section 176

176. Power to attach brackets for lamps:- The committee may attach to the out-

1. The words "it may sustain in consequence of building or any part thereof being set back for any damage"

were omitted by Punjab Act 1 of 1954, Section 11.

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92 The Punjab Municipal Act, 1911, Section 176-A

side of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.

Section 176-A

¹[176-A. Construction of stalls for displaced persons:- The committee may, and if so required by the State Government, shall construct stalls for persons displaced from Pakistan, and shall lease them out to such persons on such conditions as the State Government may by general or special order specify.

Section 177

177. Destroying direction posts, lamp posts, etc:- Whoever, without being au- thorised by the committee, defaces or disturbs any municipal direction-post, lamp post or lamp or extinguishes any mun2icipal light in any public place, shall be punish-able with fine which may extend to [five hundred rupees.] Section 178

178. Bill-sticking without permission:-³[(1) Whoever, without the consent of the owner or occupier or other persons for the time being in charge, affixes any posting bill, notice placard or other paper or means of advertisement against or upon any building, wall, tree, board, fence or pale or writes upon, soils defaces or marks any such building, wall, tree, board, fence or pale, with chalk or paint o4r in any other waywhatsoever, shall be punishable with fine which may extend to [five hundred ru- pees.]

⁵[(2) Notwithstanding anything contained in section 228 a court may take cogni-

zance of an offence under sub- section (1) of this section upon the complaint of the

owner or occupier or other person in charge of the property in respect of which such

offence is alleged to have been committed.]

Section 179

179. Names of streets and numbers of buildings: - (1) The committee may cause a name to be given to any street, and to be affixed on any building in such place as it may think fit, and

(2) Whoever shall destroy, pull down or deface any name or number affixed to any street or building under this section, or put up any different name or number from that 6put up by order of the committee, shall be punishable with fine which may extend to[five hundred rupees.] Section 180

180. Inflammable materials:- The committee may, where it appears to it to be nec- essary for the prevention of danger to life or property, by public notice, prohibit all persons from stacking or collecting timber, wood, dry grass, straw or inflammable materials, or placing mats or thatched huts of lighting fires in any place or within any limits specified in the notice.

Section 181

181. Roofs and external walls not to be made of inflammable materials:- The committee may direct that within certain limits, to be fixed by it, the roofs and exter-

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The Punjab Municipal Act, 1911, Section 182 93

nal walls of huts or other buildings shall not be made or renewed of grass, mats, leaves or other highly inflammable materials without the permission of the commit- tee in writing; and the committee may, by written notice, require any person, who has disobeyed any such direction to remove or alter the roofs or walls so made or renewed as it may think fit.

Section 182

182. Picketing animals and collecting carts:- (1) Whoever, without the permis- sion of the committee, pickets animals or collects carts on any street or uses any street as a halting place for vehicles or animals of any description or as a place of encamp- ment or causes or permits animals to stray shall be punishable with fine which may extend to¹[five hundred rupees.]

²[(2) Any animal found picked, tethered or straying on any public stree without the permission of the committee may be removed to a pound by any officer or servant of the committee or by a police officer.

Section 183

183. Driving vehicles without proper lights. -³[(1) Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after su4nset to half an hour before sunrise, shall be punishable with fine whichmay extend to [five hundred rupees]. 5 [(2) Whoever, in driving, leading or propelling a vehicle along a street fails

without reasonable excuse-

(a) to keep to the left, or

(b) when he is passing a vehicle going in the same direction, to keep to the right of that vehicle,

shall be liable to a fine which may extend to twenty rupees.

Exception- The sub-section shall not apply to a municipality wholly or in part situ- ated in a hilly tract.

Section 184

184. Beating drums, etc.:- Whoever, in contravention of any general or special prohibition issued by the committee, without the permission of the committee, beats a drum or tomtom, blows a horn or trumpet or beats or sounds any brass or other in- strument or utensil, shall be punishable with fine which may extend to⁶[five hundred rupees.]

7 [Explanation I. - In the case of bands, each individual member of such band shall be punishable under this section.

8 Explanation II:- For the purposes of this section "instrument shall include a gramophone, a wireless receiver, a loud speaker or any electrically or mechanically operated instrument capable of producing loud noises.

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94 The Punjab Municipal Act, 1911, Section 185

Section 185

185. Discharging fire-arms, etc. - Whoever discharges fire-arms or lets off fire- works, fire-balloons or detonators, or engages in any game, in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to¹[five hundred rupee].

Section 186

186. Quarrying, blasting, cutting timber or building:- Whoever quarries, blasts, cuts timer or carries on building operations in such a manner as to cause, or to be likely to cause danger to persons passing by or dwelling or w2 orking in the neighbour-hood, shall be punishable with fine which may extend to [five hundred rupees]. Section 187

187. Power to levy fees at fairs:- A committee may, with the previous sanction of the Deputy Commissioner, or if the Deputy Commissioner is a member of the com- mittee, of the³[State Government], levy small fees from each person attending a fair on which the committee incurs expenditure under section 52(2)(j) and from persons exposing goods for sale and all persons playing any occupation for gain (except water-carriers, scavengers and other employed in connection with the fair) for de- fraying the cost of sanitary arrangements, watch and ward and the like.

CHAPTER X

Bye Laws Section 188

188. General bye-laws :-⁴[A committee may, and shall if so required by the State Government by bye-law, -]

(a) render licences necessary for the proprietors or drives of vehicles⁵[other than motor vehicles] or animals kept or playing for hire within the limits of the municipality, and fix the fees payable for such licenses and the conditions on which they are to be granted and may be revoked, and may by such conditions provide among other things for a minimum breadth for wheel tyres and for a minimum diameter of the wheels; ⁶[(b) limit the rates which may be demanded for the hire of any carriage, cart, or other conveyance,or of animals hired to carry loads or persons, or for the services of persons hired to carry loads or to impel or carry such con- veyances and limit the loads which may be carried by any animal or car- riage, cart or other conveyance, playing for hire, within the limits of the municipality:]

Provided that no bye-laws made under clause (a) or clause (b) by the commit- tee of a municipality in which the Hackney Carriage Act, 1879, is in force shall apply to any vehicle to which that Act applies:

Provided also that operations of any bye-law made under the provisions of

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The Punjab Municipal Act, 1911, Section 188 95

clause (a) or clause (b) or of any rules made under the Hackney Carriage Act, 1879, may, with the sanction of the State Government, be extended to-

(i) any railway station;

(ii) the whole or part of any road so far as such road is situate within ten miles of the limits of the municipality;

(iii) the whole or any part of road leading from the limits of any one mu- nicipality or notified area to the limits of any other municipality or no- tified area, if the distance between the said municipalities or notified areas does not exceed fifty miles, and the committees of the said mu- nicipalities or notified areas consent to the extension of such bye- laws;

(c) provide for the proper registration of births, marriages and deaths, and for the taking of a census;

(d) fix, and from time to time vary, the number of persons who may occupy a building or part of a building, which is let in lodgings or occupied by members of more than one family, or which is situated within such con- gested bazar areas as may be specified in the bye-law; and provide-

(i) for the registration and inspection of such buildings. 1 [(ia) for the licensing of hotels and lodging-houses and for the fees pay- able for such licences and the conditions on which they may be granted on or revoked].

(ii) for promoting cleanliness and ventilation in such buildings.

(iii) for the notices to be given and the precautions to be taken in the case of any infections or contagious disease breaking out in such buildings. 2 [(iv) for the scavenging, removal and disposal of all rubbish, filth, night- soil, sullage or sewage in such buildings,

(v) in the case of hotel, serai and lodging, house keepers and the secretaries of residential clubs for the maintenance of registers, in such form as the committee may prescribe, of visitors and lodgers, and

(vi) generally for the proper regulation of such buildings;

(e) provide- 3 [(i) for the inspection and proper regulation of encamping grounds, pounds, serais, bakeries, acrated-water factories, ice factories, dhobis ghats, flour mills, foodgrain godowns, dispensing chemists shops, slaughter houses and places licensed under section 121.

(ii) for the inspection and proper regulation of markets⁴[and stalls] for the preparation and exhibition of a price current and for fixing the fees, rents and other charges to be levied in such markets⁵[and stalls].

1. Inserted by Punjab Act 3 of 1933, section 71(iii)

2. Inserted by Punjab Act 2 of 1923, section 49, and sub-clauses (iv) and (v) relettery (v) and (vi), respectively.

3. Substituted by Punjab Act of 1933, Section 71(iv).

95

96 The Punjab Municipal Act, 1911, Section 188

(iii) for defining the standard weights and measures to be used in the mu- nicipality and for inspection of weights and measure under section 207.

(iv) for the holding of fairs and industrial exhibitions within the municipal- ity or under the control of the committee, and for the collection of fees under section 187.

(v) for controlling and regulating the use and management of burial and burning grounds.

(vi) for the supervision, regulation and protection from pollution of public wells, tanks, springs or other sources from which water is or may be made available for the use of the public, whether within or without the municipality.

1 [(vii) for the licensing, inspection and proper regulation of theatres and other places of public resort, recreation or amusement]. 2 [(viii)for inspection and proper regulation of channels which are supplied with water from any canal to which either the Northern India Canal and Drainage Act, 1873, or the Punjab Minor Canals Act, 1905, applies].

(f) require and regulate the appointment by owners of buildings or land in the municipality, who are not resident in the municipality, of persons resid- ing within or near the municipality to act as their agents for all or any of the purposes of this Act or any rule thereunder;

(g) where the collection of an octroi³[or terminal tax] has been sanctioned, fix limits f4or the purpose of collecting the same, and may prescribe routesby which [animals or articles] or both which are su6bject to octroi 5 [or

terminal tax] may be imported into the municipality [or exported there-

from];

(h) render licences necessary for using pr7emises as stables, cow- houses orhouses or enclosures for sheep goats [or swine], and regulate the grant and withdrawal of such licences];

(i) in any municipality where a reasonable number of slaughter-houses has been provided or licensed by the committee control, regulate or prohibit the admission within the municipal limits for the purposes of sale of the flesh (other than cured or preserved meat) of any cattle, sheep, goat or swine slaughtered at any slaughter-house or place not maintained or li- censed under this Act, and may provide for the seizure, destruction or dis- posal otherwise of any flesh brought within municipal limits in contravention of any such bye-law;

(j) fix premises within the municipality in which the slaughter of animals of any particular kind, not for sale, shall be permitted, and prohibit, except, in case of necessity, such slaughter elsewhere within the municipality:

1. Inserted by Punjab Act 2 of 1923, section 49.

2. Added by Punjab Act 15 of 1926, section 5(ii).

96

The Punjab Municipal Act, 1911, Section 188 97

Provided that no such bye-laws shall apply to animals slaughtered for any re- ligious purposes;

(k) prohibit the letting off of fire-arms, fire-works, fire balloons, bombs or detonators except (i) with the permission of the committee or of a mu- nicipal officer empowered to give such permission, (2) subject to such conditions as the committee may impose, and (3) on payment of such fees (if any) as may at any time have been fixed by the committee in that behalf;

(l) regulate the making and use of connections or communications between private houses and premises and mains or service cables, wires, pipes, drains, sewers and other channels established or maintained by the com- mittee under any of the provisions of this Act:

¹[(m) regulate the collection, storage preservation from pollution and use of 2rain- water, and the carrying out of the provisions of section 96 to[(102)];

(n) regulate the posting of bills and advertisements, and the position, size, shape and style of name-boards, sign boards and sign posts;

(o) provide for, regulate, require or prohibit the construction, pattern of con- struction, maintenance and materials of boundary walls, hedges and fences hereafter erected or re-erected so as to abut on a public street or upon property vested in the committee;

³[(p) regulate or prohibit any description of traffic in the streets and provide for the reduction of noise caused thereby;

(q) prohibit the storage of more than a fixed maximum quantity of any explo- sive, petroleum, spirit naptha or other inflammable material in any build- ing not registered or licensed under section 121;

(r) provide for the seizure and confiscation of ownerless animals straying within the limits of the municipality;

(s) provide for the registration of all or any specified classes of dogs and in particular and without prejudice to the generality of foregoing -

(i) provide for the imposition of an annual fee for such registration;

(ii) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the committee;

(iii) provide that any dog, not registered and wearing such token, may if found in any public place, be detained at a place to be set apart for the purpose and will be liable to be destroyed or otherwise disposed of after a period to be specified in the bye-laws;

⁴[(t) render licenses necessary for hand carts employed for transport or hawking articles for sale, and for the persons using such hand-crafts, and prescribe the conditions for the grant and revocation of such licenses];

97

98 The Punjab Municipal Act, 1911, Section 189

¹[(u) regulate the conditions on which and the period for which permission may be given under sub-section (1) of section 172 and sub-section (1) of 2section 173, and provide for the levy of fees and rents for such permission[--]. ³[(uu) provide for the registration, inspection and proper regulation of build- ings ordinarily utilized for the residence or treatment of persons suffering from infectious diseases and for the limiting of the number of such per- sons who reside in such buildings or part of such buildings; and]

(v) generally provide for carrying out the purposes of this Act. Section 189

189. Prohibition of building without sanction:- (1) No person shall erect or re- e4rect or commence to erect or re-erect building without the sanction of the[committee]. 5 [(2) Notice of building:- Every person who intends to erect or re-erect any build- ing shall give notice in writing to the committee of such intention. 6 [(3) Building by laws:- A committee shall by bye law-

(a) prescribe the manner in which notice of the intention to erect or re- erect a building shall be given to the committee;

(b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re-erect such building and a plan and specification of the building of such character and with such details as the bye-laws may require;

(c) where the building appears likely to be be used as a factory, require the provisions of adequate housing accommodation in connection therewith.

(4) where bye-laws have been framed under this section no notice under sub- sec- tion (2) shall be considered to be valid until the informa7tion, if any, required by suchbye-laws has been furnished to the satisfaction of the committee. Provided that the Executive Officer shall not without the approval of the

committee, sanction the erection or re-erection of any building which in-

volves any projection or encroachment over or upon any land vested in

the committee or any land, the property of Government, which has been

transferred to the committee for management:

Provided further that if the Executive Officer refuses to sanction the erection

or re erection by any person of any building exception the ground that

such erection or re-erection would be in contravention of any bye-law or

98

The Punjab Municipal Act, 1911, Section 190 99

of any general scheme sanctioned by the Commissioner restricting the erection or re-erection of buildings or any class of building, such person may, within fifteen days from the date of the service of the Executive of- ficer's order refusing to sanction such erection or re-erection appeal to the committee, and the committee's decision shall, subject to the provi- sions of section 22, 232 and 236, be final]

Section 190

¹[190. Power of committee to make bye-laws as to erection or re-erection of buildings:- (1) The committee may, and if so required by the²[State] Government shall by bye-laws, regulate in respect of the erection or re-erection of any building within the municipality or part thereof-

(a) the materials and method of construction to be used for external and party walls, roofs, floors, stair-cases, lifts, fire places and chimneys;

(b) the materials and method of construction and position of fire- places, chimneys, drains latrines, privies, urinals, and cess-pools;

(c) the heights and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried on;

(d) the ventilation and the space to be left about the buildings to secure the free circulation of air and for the prevention of fire;

(e) the line of frontage where the building abuts on a street;

(f) the number and height of the storeys of which the building may consist;

(g) the means to be provided for egress from the building in case of fire;

(h) the materials and method of construction to be used for godowns intended for the storage of foodgrains in excess of fifty maunds in order to render them rat-proof:

(i) the minimum dimensions of rooms intended for use as living rooms or sleeping rooms:

(j) the ven4tilation of rooms and the minimum dimensions of doors 3 [and win-

dows [-].

(k) the position and dimensions of projections beyond the outer face of any external wall of a building; and

(l) the height of factory chimneys and the provision to be made for consump- tion of smoke arising from the combustible used in any fire place or fur- nace in factory.

(2) Notwithstanding anything contained in section 93, no person shall erect or re- erect any building in contravention of any bye-law made under sub-section (1)] Section 191

191. Special provision for cases where bye-laws have not been made under sec- tion 189(3).- In any case in which no bye-laws have been made under sub- section (3) of section 189, the committee may, within 14 days of the receipt of the notice required

99

100 The Punjab Municipal Act, 1911, Section 192

by sub-section (2) of that section require a person who has given such notice to fur- nish, within one week of the receipt by him of the requisition, information on all or any of the matters as to which bye-laws might have been made, and in such case the notice shall not be valid until such information has been furnished. Section 192

1

2 [192. Building scheme.- (1) The committee may, and if so required by the[(1)Deputy Commissioner] shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt ar-

eas, which may among other things provide for the following matters, namely :-

(a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole or any part of the municipality, and of the use to which they may be put;

(b) the prescription of a building line on either side or both sides of any street existing or proposed; and

(c) the amount of land in such unbuilt area which shall be transferred to the committee for public purposes including use as public streets by owners of land either on payment of compensation or otherwise, provided that the total amount so transferred shall not exceed³[thirty-five per cent,] and the amount transferred without payment shall not exceed⁴[twenty- five per cent], of any one owner's land within⁵[such unbuilt area.]

(2) When a scheme has been drawn up under the provisions of sub- section (1) the committee shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the committee in writing any objection or suggestion with regard to such scheme which he may wish to make.

(3) The committee shall consider every objection or suggestion with regard to the scheme which may be received by the date estimated under the provisions of sub-sec- tions (2) and may modify the scheme in consequence of any such objection or sugges6tion and shall then forward such scheme as originally drawn up or as modifiedto the [Deputy Commissioner] who may, if he thinks fit, return it to the committee for reconsideration and resubmission by a specified date; and the⁷[Deputy Commis-

sioner] shall submit the plans as forwarded, or as resubmitted, as the case may be,

with his opinion to the [State] Government, who may sanction such scheme or may

refuse to sanction it, or may return it to the committee for reconsideration and resub-

mission by a specified date.

(4) If a committee fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to resubmit a scheme by a specified date, when required to do so under sub-section (3) or resubmits a scheme which is not approved by the [State] Government, the⁸[Deputy Commissioner] may draw up a scheme of which public notice shall be given by notification and by publication within the mu-

1. Substituted by Punjab Act 3 of 1933, section 74.

2. Substituted by Punjab Act 34 of 1953 Schedule II for Commissioner.

100

The Punjab Municipal Act, 1911, Section 192-A 101

nicipality together with an intimation of the date by which any person may submit in writing to the [Deputy Commissioner] any objection or suggestion which he may wish to make, and the[Deputy Commissioner] shall forward with his opinion any such objection or suggestion to the [State] Government and the [State] Government may sanction such scheme as originally notified or modified in consequence of any such objection or suggestion, as the [State] Government may think fit; and the cost of such scheme or such portion of the cost as the [State] Government may deem fit shall be defrayed from the municipal fund.

(5) When sanctioning a scheme the State Government may impose conditions for the submission of periodical reports on the progress of the scheme to the Deputy Commissioner or to the State Government, and for the inspection and supervision of the scheme by the State Government.

Section 192-A

192-A. Punishment for erection or re-erection of a building on sanction of a building scheme under section 192:- If under the provisions of any scheme sanc- tioned under section 192 the erection or re-erection of buildings in specified area for a specified purpose is prohibited, any per1son who after such scheme is sanctioneduses any building for such purpose shall, [-] u2nless it was used for this purpose be-for3e the scheme was sanctioned, on conviction [-] be liable to fine which may extendto [one thousand rupees] and if after such conviction he continues to use such build- ing for such purpose⁴[-]shall be liable to fine which may extend to fifty rupees for

every day during which such use continues.

Section 193

⁵[193. Powers of committe6e to sanction or refuse erection or re-erection ofbuilding:- (1) The committee [or the Executive Officer as the case may be], shall

refuse to sanction the erection or re-erection of any building in contravention of any

bye-law made under sub-section (1) of section 190 or in contravention of any scheme

sanctioned under sub- section (3) or sub section (4) of Section 192 unless it be nec-

essary to sanction the erection of a building in contravention of such a scheme owing

to the committee's inability to pay compensation as required by section 174 for the

setting back of a building.

⁷(1-a) Wh8en the erection or re-erection of a building is likely, in the opinion of theCommittee [or the Executive Officer, as the case may be] to interfere with the en-

forcement of a scheme proposed under section 192, the Committee may refuse its

sanction and in such case shall communicate its refusal in writing together with the

grounds therefor, to the applicant within sixty days of the receipt of his application,

and the applicant may thereafter by written notice require the committee to proceed

with the preparation of the proposed scheme with all possible speed. The application

shall be deemed to have been sanctioned if an order of refusal is not passed by the

1. The words 'and' was omitted by Punjab Act 1 of 1934, section 14(1).

2. The words by "magistrate" omitted by Punjab Act 25 of 1964.

3. Substituted by Punjab Act 8 of 1974, section 9.

101

102 The Punjab Municipal Act, 1911, Section 193

committee¹[or the Executive Officer as the case may be] within the time specified above, or if the proposed scheme has not received the sanction of the State Govern- ment within twelve months of the date of delivery of the applicant's written notice hereinbefore referred to :

Provided that should a resolution refusing such sanction be suspended under section 232, the period prescribed above shall commence to run afresh from the date of communication of final orders by²the State Govern- ment under section 235.

Explanation:- A scheme shall be deemed to have been proposed under section 192 if a requisition for its preparation has been received by the committee from the³[Dep- uty Commissioner] or if the preparation of the scheme is under the consideration of the committee.

(2) The committee⁴[or Executive Officer, as the case may be] may refuse, to sanc- tion the erection or re-erection of any building for any other reason, to be communicated in writing to the applicant, which it⁵[or he as the case may be] deems to be just and sufficient as affecting such building, be if the land, on which it is pro- posed to erect or re7-erect such building

6 [is vested in the government or in the

committee], and the [consent of the Government] concerned or, as the case may be, of the committee has not been ob8tained, or if the title to the land is in dispute betweensuch person and the committee [or any Government].

(3) Subject to the provisions of sub-section (1) the committee⁹[or the Executive Of- ficer, as the case may be] may sanction the erection or re- erection of any building either absolutely or subject to such modifications in accordance with the bye-laws and rules as it [or he as the case may be] may deem fit.

(4) Notwithstanding anything contained in sub-section (1) or sub- section (2) but subject to the provisions of su1b1-section (2) of section 190 10 [and sub section (1-a) of

this section] if the committee [or the Executive Officer as the case may be] neglects or omits within sixty days of the receipt from any person of a valid notice of such per- son's intention to erect or re- erect a building, or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, on which sanction for the erection of a building has been refused within the previous twelve months, to pass orders sanctioning or refusing to sanction such erection or re-erec- tion, such erection or re- erection shall, unless the land on which it is proposed to erect

102

The Punjab Municipal Act, 1911, Section 193-A 103

or re-erect such buildings belongs to or vests in the committee, be deemed to have been sanctioned, except in so far as it may contravene any bye-law, or any building or town planning scheme sanctioned under section 192.

Provided that should a resolution conveying or refusing such sanction be sus- pended under section 232, the period prescribed by clause (4) shall com- mence to run afresh from date of communication of final orders by¹[--] the State Government under section 235.

Provided further that if not less than one-fifth of the members present vote against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.

Section 193-A

193-A. Power of committee to direct modification of a sanctioned plan of a building before its completion :- If at any time before the completion of a building of which the erection has been sanctioned under section 193 the committee finds that any modification of the sanctioned plan is necessary, the committee may, subject to compensation for any loss to which the owner may be put, direct that the building be modified accordingly.

Section 194

194. Lapse of sanction after one year from the date of such sanction:- Every sanction for the erection or re-erection of any building which shall be given or be deemed to have been given by a committee,²[or the Executive Officer, as the case may be] shall remain in force for one

such longer period as the committee³

year only from the date of such sanction, or for

[or the Executive Officer, as the case may be]

may have allowed when conveying sanction under section 189. Should the erection or re-erection of the building not have been commenced within one year and com- pleted withi4n two years or such longer period as may have been allowed by thecommittee [or the Executive Officer as the case may be] the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for

fresh sanction under the foregoing provisions of the Act].

Section 195

5 [195. Penalty for disobedience:- Should a building be begun, erected or re-

erected.-

(a) without sanction as required by section 189(1); or

(b) without notice as required by section 189(2) ; or

(c) when sanction has been refused; the⁶[committee] may by notice delivered to the owner within six months from the

103

104 The Punjab Municipal Act, 1911, Section 195-A

completion of the building, require the building to be altered or demolished as it may deem necessary within the period specified in such notice; and should it be begun or erected,

(d) in contravention of the terms of any sanction granted; or

(e) when the sanction has lapsed; or

(f) in contravention of any bye-law made under section 190; or in the case of a building of which the erection has been deemed to be sanctioned under section 193(4), if it contravenes any scheme sanctioned under section 192;

the¹[committee] may by notice to be delivered to the owner within six months from the completion of the building require the building to be altered in such manner as it may deem necessary, within the period specified in such notice:

Provided that the committee may, instead of requiring the alteration or demo- lition of any such building, accept by way of compensation such sum as it may deem reasonable:

Provided also that the committee shall require a building to be demolished or altered so far as is necessary to avoid contravention of a building scheme drawn up under section 192:

2 [Provided further that if any notice is issued by the Executive Officer under this section on the ground that a building has been begun or has been erected in contravention of the terms of any sanction granted or in con- travention of any bye-law made under section 190 the person to whom the notice is issued may, within fifteen days from the date of service of such notice, appeal to the committee, and subject to the provisions of sec- tions 225, 232 and 236, the decision of the committee shall be final. Section 195-A

195-A. Power of committee to stay building operations:- (1) Where a building is begun as described in section 195 but not completed, the committee may³[by no- tice, to be delivered to the owner within six months from the commencement of the building, or from the contravention of the terms of any sanction, or any bye-law framed under section 190, as the case may be] require the building operations to be discontinued from the date of the service of such notice.

(2) Any person failing to comply with the terms of such notice shall be punishable with a fine which may extend to one thousand rupees and when the non-compliance is a continuing one, with a further fine which may extend to fifty rupees for every day after the first during which the non-compliance continues.

Section 196

196. Compensation:- (1) No compensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of erection of any building.

1. The words "Executive Officer" shall be deemed to be Substituted for the word "Committee" (vide item

104

The Punjab Municipal Act, 1911, Section 197 105

(2) The committee shall make reasonable compensation to the owner for any dam- ages or loss which he may sustain in consequence of the prohibition of the re-erection of any building or part of a building except in so far as the prohibition is necessary under any bye-law.]

Provided that the committee shall make full compensation to the owner for any damage he may sustain in consequence of his building or any part thereof being set back, unless for a period of three years or more imme- diately preceding such notice the building has by reason of its being in ru- inous or dangerous condition become unfit for human habitation or unless an order of prohibition issued under section 116 has been and still is in force in respect of such building.

Section 197

¹[197. Power of committee to regulate the manufacture, preparation and sale of food and drink:- The committee may, and shall if so required by the²[State] Gov- ernment, by bye-law-

(a) prohibit the manufacture, sale, or preparation or exposure for sale, of any specified articles of food or drink, in any place or premises not licensed by the committee;

(b) regulate the hours and manner of transport within the municipality of any specified articles of food or drink, and prescribe the route by which such articles shall be carried;

(c) prohibit the sale of milk, butter, ghee, curd, meat, game, fish and poultry by persons not licensed by the committee;

(d) prohibit the import into the municipality for sale of milk, cream, butter, ghee, curd, meat, game, fish and poultry by person not licensed by the committee;

(c) make regulations for the grant and withdrawal of licences and the levying of fees therefor under this section:

Provided that no person shall be punishable for breach of any bye-law made under clause (a) of this section by reason of the continuance of such manufacture, preparation or exposure for sale, or sale upon any premises which are, at the time of the making of such bye- law, used for such pur- pose until he has received from the committee six months' notice in writ- ing to discontinue such manufacture, preparation or exposure for such sale, or such sale in such premises:

Provided further that nothing herein contained shall affect the operation of section 43 of the Punjab Laws Act, 1872, and the rules made thereunder. Section 197-A

³[197-A. Prohibition of possession or sale of wild birds and animals:- No wild bird or animal in respect of which any close time has been notified by the⁴[State] Government under section 3 of the Wild Birds and Animals Protection Act, 1912, shall whether dead or alive be possessed or sold during such close time within any

105

106 The Punjab Municipal Act, 1911, Section 198

municipality; and no such bird or animal shall any another time be sold within any municipality except under an annual licence to be granted by the committee; Pro- vided that these prohibitions shall not extend to wild birds or animals possessed or sold as pets.

Section 198

198.¹[--] Section 199

199. Penalty for infringement of bye-laws:- (1) In making any bye-law under any section of this chapter, the committee may direct that a breach or an abetment of a breach of it shall be punishable with fine which may extend to²[five hundred rupees], and, when the breach is a continuing breach, with a further fine which may extend to five rupees for every day after the first during which the breach continues.

(2) In lieu of or addition of such fine the magistrate may require the offender to rem- edy the mischief so far as is within his power.

Section 200

200. Procedure for making bye-laws:- All bye-laws made under this Act shall be subject to previous publication.

Section 201

201. Confirmation of bye-laws:- (1) No bye-law made under any section of this chapter shall come into force until it has been confirmed by the State Government and, published for such time and in such manner as the State Government may pre- scribe in this behalf.

(2) The State government may cancel its confirmation of any such bye-laws and thereupon the bye-law shall cause to have effect.

Section 202

202. Bye-laws to be available for purchase and inspection:- (1) A copy of all bye-laws made under this Act for any municipality shall be kept at the committee's office, and shall be open during office hours without charge to the inspection of any inhabitant.

(2) Copies of all such bye-laws shall be kept at the committee's office for sale to the public at a price not exceeding one rupee.

CHAPTER XI

Of Procedure Power of Entry and Inspection Section 203

203. Inspection of drains, privies and cesspools:- (1) The committee³[or Execu- tive Officer may] authorise any person to enter, between sunrise and sunset, into any building or upon any land and to inspect any drain, privy, latrine, urinal, cesspool, ca- ble, wire, pipe, sewer or channel therein or thereon, and to cause the ground to be

106

The Punjab Municipal Act, 1911, Section 204 107

opened where such person as aforesaid may think fit for the purpose or preventing of removing any nuisance arising from the drains, privies, latrines urinals, cesspools ca- bles, wires, pipes, sewers, or channels.

(2) If, on such inspections, it appears that the opening of the ground was necessary for the prevention or removal of a nuisance, the expenses there by incurred shall be paid by the owner or occupier of the land or building but if it be found that no nuisance exist or but for such opening would have arisen, the ground or portion of any building, drain or other work, if any, opened, injured or removed for the purpose of such in- spection shall be filled in, reinstated and made good by the committee.

(3) No building other than a latrine, urinal or privy shall be entered under this sec- tion until six hours' notice in writing has been given to the occupier of the building by the committee or by the person authorised by the committee to make the entry. Section 204

204. Inspection of buildings, etc.: (1) The committee or Executive Officer may au- thorise any person after giving three hours' notice to the occupier, or, if there be no occupier, to the owner of any building to enter and inspect it at any time between sun- rise and sunset where such inspection appears necessary for sanitary reasons.

(2) If the building to be inspected is a stable for horses or a house or shed for cows or other cattle, previous notice shall not be requisite before inspection. Section 205

205. Other powers of entry on buildings or lands:- The committee¹[or Execu- tive Officer] may authorise any person, after giving twenty four hours' notice to the occupier, or if there be no occupier, to the owner of any building or land, at any time between sunrise and sunset-

(a) to enter on and to survey, and to take levels or measurements of any build- ings or land;

(b) to enter into any building or on any land for the purpose of examining works under construction, or ascertaining the course of sewers or drains, or of executing or repairing any work which it is by this Act empowered to execute or to maintain;

(c) to enter into any building or on any land for the purpose of inspecting or repairing gas, water, telephonic, electric or other installation and for tak- ing readings of metres connected therewith ;

(d) to enter into any building or on any land for the purpose of ascertaining whether any building is being or has been erected or erected without sanction or in contravention of any sanction given by the committee²[or Executive Officer] or by any bye-laws made under Section 190 or of any scheme sanctioned under Section 192 and to take such measurements and do any other such acts as may be necessary for such purpose. Section 206

206. Power to inspect places for sale of food or drink etc., and to seize un-

107

108 The Punjab Municipal Act, 1911, Section 207 wholesome articles exposed for sale. - The committee¹[or Executive Officer] may authorise any person at all reasonable times to enter into and to inspect any market, building, shop, stall or place used for the sale of food or drink for man, or as a slaugh- ter house, or for the sale of drugs, and to inspect and examine any food or drink, animal or drug, which may be therein; and, if any article of food or drink, or any ani- mal therein appears to be intended for the consumption of man to be unfit therefor, may seize and remove the same or may cause it to be destroyed or to be disposed of as to prevent its being exposed for sale or used for such consumption; and, in case it is reasonably suspected that any drug is adulterated in such manner as to lessor its efficacy or to change its operation or to render it noxious, to remove the same, giving a receipt therefor, and to cause the owner thereof to be brought be- fore a magistrate for enquiry whether any offence has been committed in respect thereof, and for orders as to the disposal of the said drug.

Section 207

207. Inspectio2n of Weights and Measures and seizure of false weights etc. (1)The committee, [or Executive Officer] by any person authorised by it in this behalf, may at all reasonable times enter into and inspect any market, building, shop, stall or

place used for the sale of any goods, food, drink or drug, and may inspect any instru-

ments for weighing, weights or measures found therein and test the same with other

weights and measures, and may seize any such instrument for weighing, weight or

measure which the person so authorised reasonably believes to be false or not in ac-

cordance with bye- laws made by the committee under Section 188(c) (iii), and may

take the same to be examined or tested by the officer appointed for the purpose.

(2) Every person for the time being in charge of or employed in such market, build- ing, shop, stall or place shall, if so requested by the person making such inspection, produce for such inspection and comparison all instruments for weighing, weights and measures kept therein.

Section 208

208. Inspection of places for illicit slaughter of animals. - If there are reasonable grounds for believing that any animal has been, is being, or is about to be slaughtered in any place or premises not fixed for such purpose under Section 167 or in contra- vention of any bye-law made under Section 181(c)(i), the committee³[or Executive Officer] by any person authorised by it⁴[or him] in this behalf may, at all reasonable times, enter into and inspect any such place or premises:

Provided that no entry shall be made under the provision of this section with- out an order in writing from the President or from the⁵[Medical Officer of Health]. Such order shall specify the place or premises to be entered and the locality in which the same is situate and the period (which shall not exceed seven days) for which it is to remain in force.

108

The Punjab Municipal Act, 1911, Section 209 109

Section 209

209. Refusal to suffer inspection under Sections 205 to 208. Whoever, in con- travention of Section 205 or Section 206 or Section 207 or Section 208 or Section 211, refuses to suffer inspection of any premises, food, drink, drug, animals, weight, measure or instrument for weighing, or in contravention of Section 207, clause (2) re- fuses to produce any weight, measure or instrument for weighing to which he has access, shall be punishable with fine which may extend to¹[five hundred rupees.] Section 210

210. Search for inflammable or explosive material in excess of authorized quantity. (1) The Committee²[or Executive Officer] may authorize any person to enter upon at any reasonable time and inspect any house or building which is sus- pected to contain petroleum, explosive or other inflammable material, in excess of the quantity permitted to be kept in such house or building under the provisions of this Act or of any rule, bye-law or public notice made or published thereunder.

(2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a magistrate may pass with respect to it.

(3) If the magistrate decide that the material seized was stored in the house or build- ing contrary to the provisions of this Act or of any rule, bye-law or public notice made or published thereunder, he shall pass an order confiscating the same.

(4) Subject to any general rules for the time being applicable thereto, the material confiscated may be sold by order of the magistrate and the proceeds, after defraying the expenses of such sale, shall be credited to the municipal fund.

(5) No order of confiscation under this section shall operate to prevent any other criminal or civil proceedings to which the person storing the material in excessive quantity may be liable.

Section 211

3 211. Power of entry for purpose of preventing spread of disease. (1) The[Medical Officer of Health or any other officer authorised by the committee 4 [or ex- ecutive officer] may enter, at any time, after 'three hours' notice into any building or

premises in which any infectious disease is reported or suspected to exist, for the pur-

pose of inspecting such building or premises.]

(2) No such inspection shall be made except in the hours between sunrise and sun- set.

Section 212

212. General explanation. The committee⁵[or Executive Officer] may authorize persons to exercise the powers of entry conferred by the foregoing sections of this chapter either generally in regard to all buildings and lands or particularly in regard to specified buildings and lands or classes of buildings and lands.

109

110 The Punjab Municipal Act, 1911, Section 213

Section 213

213. Precautions to observe in entering dwellings. When any building used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious sentiments of the occupiers : and before any apartment in the actual occu- pancy of any woman, who according to custom does not appear in public, is entered under this Act, notice shall be given to her that she is at liberty to withdraw, and rea- sonable facility shall be afforded to her for withdrawing.

Section 214

Notice and Consequences of Non-compliance

214. Reasonable time for compliance to be fixed. When any notice under this Act requires any act to be done for which no time is fixed by this Act, it shall fix a rea- sonable time for doing the same.

Section 215

¹215. Authentication, service and validity of notices. (1) Every notice issued by a committee under this Act or under any rule or bye-law shall be in writing, signed by the president, vice-president, secretary or assistant secretary, or by the members of any sub-committee specially authorised by the committee in that behalf,²[and every such notice and every order made under Section 193] may be served on the per- son to whom it is addressed, or delivered or left at his usual place of abode or business with some adult male member or servant of his family or if it cannot be so served, may be affixed to some conspicuous part of this place of abode or business. 3 [Provided that such notice may be signed by the Medical Officer of Health when it is issued by the committee under any section of this Act under which power may be delegated to the Municipal Officer of Health under clause (b) of Section 33 and has been so delegated.]

(2) When the place of abode or business of the person to whom notice is addressed is not within the limits of the municipality, the notice may be served by posting it in a registered cover addressed to his usual place of abode.

(3) If the owner of any property has no place of abode or business within the mu- nicipality, every such notice addressed to him as such owner may be served on the occupier.

(4) When the place of abode or business of the occupier of any property is not known every such notice addressed to him as such occupier may be served by affixing it to some conspicuous part of the property.

(5) No notice issued by the committee under this Act or under any rule or bye-law shall be invalid for defect of form.

110

The Punjab Municipal Act, 1911, Section 216 111

Section 216

216. Service when owners and occupiers are different persons. Whenever it is provided by this Act that any notice may be given to the owner or occupier of any land or building, and the owner and occupier are different persons, such notice shall be given to the one of them primarily liable to comply with such notice, and in case of doubt to both of them:

Provided that in any such case, where there is no owner resident within the municipality, the delivery of such notice to the occupier shall be suffi- cient.

Section 217

217. Mode of giving notice to owners or occupier of property. When any notice is under the provisions of this Act to be given to or served on the owner or occupier of any property and he is unknown, it may be given or served -

(a) by delivering a written notice to some person on the property, or should there be no person on the property to whom it can be delivered, by affix- ing it to some conspicuous part of the property; or

(b) by putting into the post a pre-paid letter containing a written notice and addressed by the description of the "owner or "occupier" of the property naming it in respect of which the notice is given, without further name or description.

Section 218

218. Publication of public notices. Every public notice given by a committee un- der this Act or any rule or bye-law shall be published by proclamation or in such other manner as the State Government may, by rule, direct.

Section 219

219. Penalty for disobedience of orders of committees. Whoever disobeys any lawful direction or prohibition given by the committee by public notice under this Act or any written notice lawfully issued by it thereunder, or fails to comply with the con- ditions subject to which any permission was given by the committee to him under those powers shall, if the disobedience or omission is not an offence punishable under any other section, be punishable with fine which may extend to¹[five hundred ru- pees], and in the case of a continuing breach, with a further fine which may extend to five rupees for every day after the first during which the breach continues:

Provided that when the notice fixes a time within which a certain act is to be done and no time is specified in this Act, it shall rest with the magistrate to determine whether the time so fixed was a reasonable time within the meaning of this Act.

Section 219-A

²219-A. Compensation for damage. Every person convicted of an offence under this Act on account of any act or omission, shall notwithstanding any punishment to which he may have been sentenced for such offence, pay compensation, the amount of which shall be determined by the magistrate before whom he was so convicted, to the committee for any damage that may have occurred to any property of the commit- tee, in consequence of such act or omission.]

111

112 The Punjab Municipal Act, 1911, Section 220

Section 220

220. Power of committee in the event of non-compliance. Whenever the terms of any notice have not been complied with, the committee may, after six hours' no- tice, by its officers, cause the act to be done.

Section 221

221. Penalty for obstruction. Any person wifully obstructing the committee, or any officer or servant of the committee, or any person authorised by the committee, in the exercise of the 1powers conferred by this Act, shall be punishable with finewhich may extend to [five hundred rupees.] Section 222

222. Recovery of costs of execution. (1) Where, under this Act, the owner or oc- cupier of property is required by the committee to execute any work and default has been made in complying with the requirement, and the committee has executed the work, the committee may recover the cost of the work from the person in default.

(2) As between themselves and the committee both owner and occupier shall be deemed to be in default for the purposes of this section, but that one of them shall be deemed to be primarily in default upon whom, as between landlord and tenant, the duty of doing the required act would properly fall either in pursuance of the contract of tenancy or by- law.

(3) When the person primarily in default is the owner and the committee has recov- ered the whole or any part of the cost from the occupier, or he has paid the same upon its demand, he may deduct the sum so recovered or paid from the rent from time to time becoming due from him to the owner, or otherwise recover it from such owner:

Provided that no occupier shall be required to pay under sub-section (3) any sum greater than the amount for the time being due from him to the owner, either in respect of rent due at the date of such demand as afore- said or thereafter accruing, unless he has refused on application to him by the committee truly to disclose the amount of his rent and the name and address of the person to whom it is payable; but the burden of proof that the sum so demanded by the committee from the occupier exceeds the rent due at the time of the demand, or which has since accrued due, shall lie on the occupier.

(4) All money recoverable by a committee under this section may be recovered either by suit or on application to a magistrate having jurisdiction within the munici- pality, by distress and sale of the movable property of the person from whom the money is recoverable, and if payable by the owner of the property shall, until it is paid, be a charge on the property.

(5) Nothing in this section affect any contract between an owner and on occupier. ²[(6) Where under Section 113 or Section 114 the committee has executed any work, the cost thereof may be recovered from the owner or occupier in connection with work done under Section 113, and from the owner in connection with work done under Section 114, in the manner herein provided for the recovery of cost of work from a defaulting owner or occupier and subject to the provisions herein contained].

1. Substituted by Punjab Act 8 of 1974, section 9

112

The Punjab Municipal Act, 1911, Section 223 113

Section 223

223

ing¹

. Relief to agents and trustees. (1) When any person, by reason of his receiv- 2 [or being entitled to receive] the rent of immovable property as agent or[trustee] of a person or society, would, under this Act, be b3ound for discharge anyobligation imposed by this Act, on the owner of the property [-] for the discharge of which money is required, he shall not be bound to discharge the obligation unless he

has, or but for his own improper act or default might have had, in his hand funds be-

longing to the owner sufficient for the purpose.

(2) The burden of proving the fact entitling an agent or trustee to relief under this section shall lie on him.

(3) When any agent or trustee has claimed and established his right to relief under this section, the committee may give him notice to apply to the discharge of such ob- ligation as aforesaid the first moneys which shall come to his hands on behalf or for the use of the owner, and should he fail to comply with such notice, he shall be deemed to be personally liable to discharge such obligation. Payment of Compensation by the Committee

Section 224

224. Payment of compensation. (1) The committee may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the committee, its officers and servants under this Act, and shall make such compensation where the damage was caused by the negligence of the committee, its officer or servants and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised. 4 [(2) Should any dispute, for the settlement of which no express provision is made by any other section, arise touching the amount of any compensation which the com- mittee is by this Act required to pay or empowered to receive for injury to or in respect of any building or land, it shall be settled in such manner as the parties may agree, or in default of agreement, in the manner provided by the Land Acquisition Act, 1894, with reference to the acquisition of and payment of compensation for land for public purposes so far as it can be made applicable.]

Section 225

Appeals From Orders, etc.,

225. Appeals from order of committee. (1) Any person aggrieved-

(a) by the refusal of a committee under Section 193 to sanction the erection or re-erection of a building, or

5 (b) by a notice from a committee under Section 171 requiring a street to be drained, levelled, paved, flagged, metalled or providing with proper means of lighting, or declaring a street to be public street, or⁶(by a notice

113

114 The Punjab Municipal Act, 1911, Section 226

from the Executive Officer) under Section 195 requiring the alteration or demolition of a building, or]

(c) by any order made by a committee¹[or any Executive Officer under the powers conferred upon²[it] by Sections 107, 116,³[121,] 123⁴[or 124] may appeal within thirty days, from the date of such prohibition, notice or order to such officer as the State Government may appoint for the pur- pose o5f hearing such appeals or any of them, o6r, failing such appoint-ment, [* * * *] to the Deputy Commissioner [* * * * ]; and no such refusal, notice or order shall be liable to be called in question otherwise

than by such appeal:

7 [x x x x]

(2) The appellate authority may, if it shall think fit, extend the period allowed by sub-section (1) for appeal.

(3) The order of the appellate authority confirming, setting aside or modifying the refusal, notice or order appealed from shall be final;

Provided that the refusal, notice or order shall not be modified or set aside un- til the appellant and the committee have had reasonable opportunity of being heard.

Section 226

226. Prosecution to be suspended in certain cases. When any order of the kind specified in the Section 107, Section 123 and Section 219 is subject to appeal, and an appeal has been instituted against it, all proceedings to enforce such order and all prosecutions for any breach thereof shall be suspended pending the decision of the appeal, and if such order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.

Section 227

227. Appeal from certain orders. Every order of the forfeiture under Sections 165 and every order under Section 166 or Section 210 shall be subject to appeal to the next superior court, but shall not be otherwise open to appeal.

Section 228

Offences and Prosecution

228. Authority for prosecution. Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or any bye- law thereunder, except on the complaint of or upon information received from the

114

The Punjab Municipal Act, 1911, Section 229 115

c2ommittee 1 [or its Executive Officer] or some person authorised by the committee [or by the Executive Officer] in this behalf.

Ex5planation. The committee 3 [or its Execut6ive Officer] may authorise 4 [any per-

son] [and shall be deemed to have authorized [any person] appointed to this end by the State Government to make complaints or to give information, without previous reference to the committee, either generally in regard to all offences against this Act and the rules or bye-laws thereunder, or particularly in regard only to specified of- fence or offences of a specified class. The person authorized may be authorized of office; if he is president, vice- president.⁷[Medical Officer of Health] or Secretary of the committee, or officer in charge of a police station; in other cases the authority must be personal. The authority must in all case, be in writing, and may at any time be cancelled by the committee.

Section 229

229. Power of compound offences. (1) The committee or with the authorization of the committee its president, vise-president.⁸[Executive Officer⁹[Medical officer of Health] or Secretary, or any sub-committee thereof, may accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act or any rule or bye-law, a sum of money by way of compensation for such of- fence.

(2) On payment of such sum of money the suspected person if in custody shall be discharged, and no further proceedings shall be taken against him in regard to the of- fence or alleged offence so compounded for.

(3) Sums paid by way of composition under this section shall be credited to the mu- nicipal fund.

(4) Authorization under sub-section (1) to accept composition for alleged offences may be given by the committee either generally in regard to all offences under this Act and the rules and bye-laws, or particularly in regard only to specified offences or offences of a specified class, and may at any time be withdrawn by the committee. ¹⁰[(5) If the committee has not authorized any of the officers specified in sub-sec- tion (1), it shall if so required by the Deputy Commissioner give such authorization to any of the officers specified in sub-section (1), and shall not withdraw authorisa- tion given on such requisition without the sanction of the Deputy Commissioner].

1. The words "or its Executive Officer" and "or by the Executive Officer" (vide item 16, Schedule II, of Punjab Act 2 of 1931) shall be deemed to be inserted officer, "the committee," in the case those of municipalities to which Punjab Act 2 of 1931, applies.

2. The word "or its Executive Officer" and "or by the Executive Officer" (vide item 16, Schedule II of Punjab Act 2 of 1931) shall be deemed to be inserted after" "the committee," in the case those of municipalities to which Punjab Act 2 of 1931, applies.

3. The words "or its Executive Officer" and "or by the Executive Officer" (vide item 16, Schedule II of Punjab Act 2 of 1931) shall be deemed to be inserted officer, "the committee," in the case those of municipalities to which Punjab Act 2 of 1931, applies

4. Substituted for the word 'persons' by Punjab Act 3 of 1933, Section 86

5. Inserted on Punjab Act 3 of 1933, Section 86

6. Substitute for the word 'persons' by Punjab Act 3 of 1933, Section 86

115

116 The Punjab Municipal Act, 1911, Section 230

Section 230

230. Member not be deemed intrested in prosecution. No judge or magistrate shall be deemed to be a party to, or personally intrested in, any prosecution for an of- fence punishable under this Act or any rule or by-law, or under any other law, within the meaning of section 556 of the Code of Criminal Procedure, 1898, by reason only that he is member of the committee by the order, or under authority of which it has been instituted.

CHAPTER XII

Control

Section 231 ¹[231. Control by Commissioner and Deputy Commissioner. (1) The²[-] Dep- uty Commissioner [-]³or any offici4al not below the rank of Extra AssistantCommissioner authorized in writing by [him] or any person empowered by the State Government in this behalf by a general or special order, may -

(a) enter on, inspect and survey, or cause to be entered on, inspected and sur- veyed, any immovable property occupied by any committee or joint committee, or any work in progress under its direction;

(b) by order in writing addressed to the secretary call for and inspect or cause to be inspected any book or document in the possession or under the con- trol of any committee or joint committee and the member or servant of the committee in possession of such book or document shall immediately place such book or document at the disposal of the secretary, who shall immediately comply with such order and shall immediately inform the President of the requisition. He shall also bring the matter to the notice of the committee at its meeting next following;

(c) by order in writing addressed to the secretary require any such committee or joint committee to furnish within a special period such statements, ac- counts, reports and copies of documents relating to the proceedings or duties of the committees as he may think fit to call for;

(d) inquire generally into the affairs of a committee or joint committee with a view to ascertaining whether a municipality is being satisfactorily ad- ministered, and for the purposes of such inquiry make use of any property of the committee, and of the powers mentioned in clauses (a), (b) and (c), and the members, officers, and servants of the committee shall tender such assistance in the enquiry as may be deemed necessary.

Explanation. Any person so empowered shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

(2) The words "Commissioner or the" omitted by Punjab Act 34 of 1953 Schedule

II. [-] Deputy Commissioner may record in writing for the consideration of any such committee or joint committee any observations that he may think proper in regard to the proceedings or duties of the committee.

116

The Punjab Municipal Act, 1911, Section 232 117

(3) Every committee shall submit such periodical reports to the Deputy Commis- sioner or other authority as the [State] Government may direct. Section 232

¹[232. Powers to suspend any resolution or order of committee. The²[Deputy Commissioner] may, by order in writing, suspend the execution of any resolution or order of a committee, or joint committee or prohibit the doing of any act which is about to be done, or is being done in pursuance of or under cover of this act, or in pur- suance of any sanction or permission granted by the committee in the exercise of its powers under the Act, if, in his opinion the resolution, order or act is in excess of the powers conferred by law or contrary to the interests of the public or likely, to cause waste or damage of municipal funds or property, or the execution of the resolution or order, or the doing of the act, is likely to lead to a breach of the peace, to encourage lawlessness or to cause injury or annoyance to the public or to any class or body of person.]

Section 233

233. Extraordinary power of Deputy Commissioner in cases of emergency. (1) In case of emergency the Deputy Commissioner may provide for the execution of any work, or the doing of any act which a committee is empowered to execute or do, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the committee.

(2) Should the expense be not so paid, the Deputy Commissioner may make an or- der directing the person having the custody of the balance of the municipal fund to pay the expense, or so much thereof as may from time to time be possible, from that balance, in priority to all other charges against the same. Section 234

2343. Power to prov4ide for performance of duties in case of default of commit-tee. (1) When5 the [Deputy Commissioner], after due inquiry is satisfied that acommittee [**] has made default in performing any duty imposed upon it by this Act, or by any order or rule under this act he may by an order in writing, fix a period

for the performance of that duty; and should it not be performed within the period so

fixed, he may appoint some person to perform it and may direct that the expense

thereof shall be paid within such time as he may fix by the committee.

(2) Should the expense be not so paid, the⁶[Deputy Commissioner] may make an order directing the person having the custody of the balance of the municipal fund to pay the expense, or so much there of as may from time to time be possible, from that balance in priority to all other charges against the same.

⁷(3) [-]

Section 235

235. Action of Deputy Commissioner to be immediately reported. When the Deputy Commissioner makes any order under Section 232, section 233 or section

117

118 The Punjab Municipal Act, 1911, Section 236

234 he shall forthwith forward to the State Government a¹[-] copy thereof, with a statement of the reasons for mak2ing it and with such expla3nation, if any, as the com-mittee may wish to offer, and the State Government may thereupon confirm, modify or rescind the order.

Section 236

236. Power to State Government and its officers over committees. (1) The State Government⁴and Deputy Commissioners, acting under the orders of the State Gov- ernment, shall be bound to require that the proceedings of the committees shall be in conformity with law and with the rules in force under any enactment for the time be- ing, applicable to Punjab generally or the area over which the committee have authority.

⁵(2) The State Government may exercise all powers necessary for the performance of this duty, and may among other things, by order in writing, annul or modify any proceeding which it may consider not to be in conformity with law or with such rules as aforesaid, or for the reasons which would in its opinion justify an order by the⁶ Deputy Commissioner under Section 232.

(3) The⁷[Deputy Commissioner] may within⁸[his] jurisdiction for the same pur- pose exercise such powers as may be conferred upon⁹[him] by rule made in this behalf by the State Government.

Section 237

10 [237. General powers of State Government over officers.- Notwithstanding any thing in this Act, the State Government shall have the power of reversing or modifying the order of any officer of the State Government passed or purporting to have been passed under this Act, if it considers it to be not in accordance with the said Act or the rules or to be for any reason inexpedient, and generally for carrying out the purposes of this Act the [State] Government shall exercise over its officers¹¹all pow- ers of superintendence, direction and control.]

Section 238

Section 238 [Omitted by Act 11 of 1994] Section 238-A [Omitted by Act 11 of 1994]

Section 239

239. Disputes.:- (1) If any dispute, for the decision of which this Act does not oth- erwise provide, arises between two or more committees constituted under this Act, or between any such committee and a district board or cantonment authority, the mat- ter shall be referred-

118

The Punjab Municipal Act, 1911, Section 240 119

(a) to the Deputy Commissioner if the local authorities concerned are in the same district;

1 [(b) [-]

(c) t2o the State Government if the local authorities concerned are in different[district]. ³[-]

(2) The decision of the authority to which any dispute is referred under this section shall be final.

4 [Provided that where a dispute referred to the 5 [State] Government under clause (c) of sub-section (1) is between a committee and a cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government.

(3) If, in the case mentioned in clause (a), the Deputy Commissioner is a member of one of the committ6ees or boards concerned, his functions under the section shallbe discharged by the State Government. Section 240

240. Power of State Government to frame forms and make rules:- (1) The⁷ State Government may frame forms for any proceeding of a committee⁸[and may make any rules consistent with this Act to carry out the purposes thereof and in par- ticular and without prejudice to the generality of the foregoing power may make rules]-

(a) with respe9ct to the powers and duties of committees in municipalities ofthe first, [second and third class], respectively;

(b) as to the division of municipalities into wards, or of the inhabitants into classes, or both;

(c) as to the number of representatives proper for each ward or class;

(d) to (h) [omitted by Act 11 of 1994]

(i) prescribing the qualifications requisite in the case of persons appointed by a committee to offices requiring professional skill;

(j) as to the priority to be given to the several duties of the committee;

(k) as to the authority on which money may be paid from the municipal fund, and as to the management and regulation of provident funds established under section 43;

1. Clause(b) of sub-section (1) of section 239, omitted by Punjab Act 34 of 1953, Schedule III.

2. Substituted by Punjab Act 34 of 1953 Schedule III for the word "divisions".

119

120 The Punjab Municipal Act, 1911, Section 240

(l) as to the appointment, promotion, suspension, reduction, fining and dis- missal of municipal watchmen;

(m) as to formation and working of municipal fire-brigades;¹[and the provi- sion of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades]; 2 [(n) as to procedure to be observed for the employment, punishment, sus- pension or removal of officers and servants of the committee and as to appeals from orders of punishment or removal;

3 [(nn) the manner of constitution of municipal services, the classification, method of recruitment and the conditions of service of persons appointed to such services;

(o) as to the conditions on which property may be acquired by the committee or on which property vested in the committee may be transferred by sale, mortgage, lease, exchange or otherwise;

(p) as to the intermediate office or offices, if any, through which correspon- dence between committees or members of committees and the⁴[State] Government or officers of that Government shall pass:

5 [(q) for the preparation of plans and estimates for works partly or wholly to be constructed at the expense of committees, and for the preparation and periodical revision of maps and registers made under sub-section (3) of section 56 and for the authorities by which and the conditions, subject to which such plans, estimates, maps and registers are to be prepared and sanctioned;]

6 [(qq) for the regulation of contracts with electric supply companies for the supply of electrical energy;]

(r) for the assessment and collection of, and for the compounding for refund- ing or limiting refunds of taxes imposed under this Act, and for prevent- ing evasion of the same; and for fixing the fees payable for notices of demand;

(s) as to conditions on which a municipal committee may receive animals or articles into a bonded-warehouse and as7 to the agreements to be signedby traders or others wishing to deposit [animals or articles] therein;

(t) as to the accounts to be kept by committees, as to the conditions on which such accounts are to be open to inspection by inhabitants paying any tax under this Act, as to the manner in which such accounts are to be audited and published, and as to the power of the auditors in respect of disallow- ance and surcharge;

120

The Punjab Municipal Act, 1911, Section 240 121

(u) as to the preparation of estimates of income and expenditure of commit- tees, and as to the persons by whom and the conditions subject to which, such estimates may be sanctioned;

(v) as to the returns, statements and reports to be submitted by committees;

(w) as to the powers2 to be exercised by 1 [-------] Deputy Commissioners un- der section 236 [and the powers to be exercised by such Local Self Gov- ernment Board or Inspectore as the State Government may establish;]

(x) as to the language in which business shall be transacted, proceedings re- corded and notices issued;

(y) as to the publication of notices;

(z) to regulate the proceedings of persons empowered to accept composition under section 229 for alleged offences; and

3 [(zi) mode of assessment, appointment of compensation under Section 154- B amongst, and payment, to the persons entitled thereto; (zii) mode of communication of the order under section 154-B to the person effected thereby;

(ziii) the manner in which the compost is to be made;] (zz) generally for the guidance of committees and public officers in carrying out the purposes of this Act;

4 [(zzz) for the same purposes as those for which a committee may make bye- laws under the provisions of sections 31, 188, 189, 190 or 197); ⁵[(2) The rules made under sub- section (1) may among other matters provide,-

(i) for reservation of seats in a Municipality under section 8;

(ii) for determining the number of elected members under clause (3) (i) of section 12;

(iii) for specifying the authority and the manner under sub-section (2) of section 16-A; and

(iv) for filing a statement under sub-section (3) of section 73;];

(3) The Municipal Account Code at present in operation in the municipalities of the state shall be deemed to have been made in pursuance of the powers conferred upon Government by sub-section (1) of this section.

(4) In making rules⁶clauses (m) and (n) of sub section (l), the State Government may direct that7 a breach of any provision thereof shall be punished with fine whichmay extend to [five hundred rupees.]

(5) All rules made under this Act shall be subject to previous publication.

1. The words "Commissioners and" omitted by Punjab Act 34 of 1953, section 3 and Schedule III.

2. Inserted by Punjab Act I of 1934, section 16.

3. Inserted by East Punjab Act 20, 1949, section 5.

4. Inserted by Punjab Act 3 of 1933, section 93(1)(iii).

121

122 The Punjab Municipal Act, 1911, Section 240-A

(6) A rule under this section may be general for all municipalities or for all munici- palities not expressly excepted from its operation, o1r may be special for the whole orany part of any one or more municipalities as the [State] Government directs. ²[(7) Notwithstanding anything hereinbefore contained the State Government shall

not make rules under clause (zzz) of sub-section (1) for a municipality unless the

committee has been required by the State Government to make bye-laws under sec-

tion 31, section 188, section 189, section 190 or section 197, and has failed to make

any such bye-laws, or having made them has failed to obtain their confirmation by the

State Government as required by sub-section (1) of section 201 within nine months

of the date of the order of the State Government requiring them to be made, and any

rules made by the State under clause (zzz) of sub-section (1) shall have effect as if

they were, and shall be deemed for all purposes to be, bye-laws made by the commit-

tee.

Section 240-A

3 [240-A. General control of the State Election Commission. (1) The superin-

tendence, direction and control of the preparation of electoral rolls for and conduct

of all elections to the Municipalities shall vest in the State Election Commission con-

stituted under Article 243 K of the Constitution.

CHAPTER XIII

[Omitted by Act 11 of 1994]

CHAPTER XIV

[Omitted by Act 11 of 1994]

1. Substituted by Punjab Act 1 of 1925, section for fifty.

122

The Punjab Municipal Act, 1911, 123

SCHEDULE I

[Vide section 2(1)] Enactments repealed

1 2 3 4

Year ^No.Subject or short title, Extent of repeal Act of the Governor-General of Councils 1891 XIX The Punjab Municipal Act The whole Act 1896 XVII The Punjab Municipal Amendment Act The whole Act Acts of the Lieutenant Governor of the Punjab 1900 III The Punjab Municipal Act (Amendment Act) The whole Act 1906 I Acts to amend to certain sections of the Punjab Sections 3 & 4 District Boards Act, 1883 and the Punjab

Municipal Act of 1891.

'SCHEDULE II"¹

[See section 4(5)]

MUNICIPAL COMMITTEES DEEMED MUNICIPAL COUNCIL

CLASS I

(1) Patiala

(2) Nabha

(3) Rajpura

(4) Gobindgarh

(5) Sangrur

(6) Malerkotla

(7) Barnala

(8) Hoshiarpur

(9) Khanna

(10) Jagraon

(11) Ferozepur

(12) Abohar

(13) Fazilka

(14) Faridkot

(15) Kot Kapura

(16) Moga

(17) Muktsar

(18) Malout

(19) Bhatinda

(20) Mansa

123

124 The Punjab Municipal Act, 1911,

(21) Gurdaspur

(22) Batala

(23) Pathankot

(24) Phagwara

(25) Kapurthala

MUNICIPAL COMMITTEES DEEMED MUNICIPAL COUNCIL

CLASS II

(1) Samana

(2) Sirhind

(3) Sunam

(4) Ahmedgarh

(5) Dhuri

(6) Nakodar

(7) Nawanshahar

(8) Banga

(9) Phillaur

(10) Nurmahal

(11) Dasuya

(12) Urmur Tanda

(13) Mukerian

(14) Garshankar

(15) Doraha

(16) Raikot

(17) Samrala

(18) Ropar

(19) Morinda

(20) Kharar

(21) Kurali

(22) Guru Harsahai

(23) Talwandi Bhai

(24) Jalalabad

(25) Zira

(26) Jaitu

(27) Giddarbaha

(28) Bhuchho Mandi

(29) Goniana

(30) Rama

(31) Maur

(32) Budhlada

(33) Jandialaguru

(34) Patti

124

The Punjab Municipal Act, 1911, 125

(35) Tarn Taran

(36) Dhariwal

(37) Dinanagar

(38) Sultanpur Lodhi

(39) Rampura Phool

MUNICIPAL COMMITTEES DEEMED MUNICIPAL COUNCIL,

CLASS III

(1) Sangrur

(2) Dera Bassi

(3) Banur

(4) Basi Pathana

(5) Amloh

(6) Longowal

(7) Bhiwanigarh

(8) Lehragaga

(9) Dhanaula

(10) Tappa

(11) Bhadaur

(12) Kartarpur

(13) Alawalpur

(14) Adampur

(15) Rahon

(16) Gardhiwala

(17) Haryana

(18) Shamchurasi

(19) Payal

(20) Anandpur Sahib

(21) Dharamkot

(22) Sangat

(23) Kotfata

(24) Bareta

(25) Majitha

(26) Ramdass

125

126 The Punjab Municipal Act, 1911,

SCHEDULE III

[See section 4(6)]

I NOTIFIED AREAS DEEMED AS SMALLER URBAN AREAS AND

CONSTITUTED AS MUNICIPAL COUNCIL

CLASS I

(1) Mohali

(2) Nangal

II NOTIFIED AREAS DEEMED AS TRANSITIONAL AREAS

CONSTITUTED AS NAGAR PANCHAYATS

(1) Ajnala

(2) Bhikhiwind

(3) Khemkaran

(4) Rayya

(5) Bariwala

(6) Badnikalan

(7) Baghapurana

(8) Makhu

(9) Balachaur

(10) Mahilpur

(11) Bhogpur

(12) Shahkot

(13) Goraya

(14) Begowal

(15) Bholath

(16) Dhilwan

(17) Machhiwara

(18) Mullanpur Dakha

(19) Maloud

(20) Sahnewal

(21) Bhikhi

(22) Ghagga

(23) Ghanaur

(24) Patran

(25) Khanauri

(26) Cheema

(27) Moonak

(28) Handiaya

(29) Dirba."

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126