The Punjab Municipal Act,1911
Punjab · state statute
Open in Lexace · Ask the AI about this actThe 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. 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. 2 The Punjab Municipal Act, 1911, 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. The Punjab Municipal Act, 1911, 3 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. 4 The Punjab Municipal Act, 1911, 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. The Punjab Municipal Act, 1911, 5 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. 6 The Punjab Municipal Act, 1911, 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. The Punjab Municipal Act, 1911, 7 179. 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. 8 The Punjab Municipal Act, 1911, 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. The Punjab Municipal Act, 1911, 9 237. 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 10 The Punjab Municipal Act, 1911, 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 1. Repealed in part and amended, by Act 38 of 1920. 2. Amended by Punjab Act 2 of 1919. 3. Amended by Punjab Act 1 of 1922. 4. Amended by Punjab Act 2 of 1923. 5. Amended by Punjab Act 1 of 1925. 6. Amended by Punjab Act 5 of 1925. 7. Amended by Punjab Act 15 of 1926. 8. Amended by Punjab Act 4 of 1929. 9. Amended by Punjab Act 2 of 1931. 10. Amended by Punjab Act 3 of 1933. 11. Amended by Punjab Act 1 of 1934. 12. Amended by Punjab Act 3 of 1935. 13. Amended by Govt. of India (Adapt ation of Indian Law) Order, 1937. 14. Amended by Punjab Act 2 of 1940. 15. Amended by Punjab Act 15 of 1940. 16. Amended by East Punjab Act 3 of 1947. 17. Amended by East Punjab Act 17 of 1948. 18. Amended by Indian Indepe ndence (Adaptation of Bengal & Punjab Acts) Order 1948. 19. Amended by East Punjab Acts 8, 9 and 20 of 1949. 1. Substituted for the words " East Punjab" (which ha d been inserted for the word "Punjab" by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order of 1948 by the Adaptation of Laws (Third Amendment) Order, 1951. 20. Amended by Adaptation of Laws Order, 1950. 21. Amended by Punjab Act 12 of 1950. 22. Amended by Punjab Act 5 of 1951. 23. Amended by Adaptation of Indian La ws (Third Amendment) Order of 1951. 24. Amended by Punjab Act No. 23 of 1952. 25. Amended in Part by Punjab Act. 34 of 1953 26. Amended by Punjab Act 48 of 1953. 27. Amended in part by Punjab Act 34 of 1954. 28. Amended by Punjab Act 10 of 1955. 29. Amended by Punjab Act No. 28 of 1956. 30. Extended to Pepsu Territory by Punjab Act 5 of 1959. 31. Amended by Punjab Act 22 of 1959. 32. Amended by Punjab Act 25 of 1959. 33. Amended by Punjab Act 22 of 1961. 34. Amended by Punjab Act 25 of 1964. 35. Amended by Punjab Adaptation of Laws (State & Concurrent Subjects Order, 1968. 36. Amended by Punjab Act 10 of 1972. 37. Amended by Punjab Act 24 of 1973. 38. Amended by Punjab Act 38 of 1973. 39. Amended by Punjab Act 8 of 1974. 40. Amended by Punjab Act 15 of 1974. 41. Amended by Punjab Act 29 of 1975. 42. Amended by Punjab Act 3 of 1976. 43. Amended by Punjab Act 38 of 1976. 44. Amended by Punjab Act 9 of 1977. 45. Amended by Punjab Act 18 of 1978. 46. Amended by Punjab Act 2 of 1979. 47. Amended by Punjab Act 19 of 1982. 48. Amended by Punjab Act 12 of 1983. 49. Amended by President Act 2 of 1984. 50. Amended by President Act 3 of 1985. 51. Amended by Punjab Act 3 of 1985. 52. Amended by President’s Act 2 of 1987. 53. Amended by President’s Act 9 of 1988. 12 The Punjab Municipal Act, 1911, 54. Amended by President’s Act 7 of 1990. 55. Amended by Punjab Act 6 of 1991. 56. Amended by President’s Act 3 of 1991. 57. Amended by President’s Act 7 of 1991. 58. Amended by Punjab Act 11 of 1992. 59. Amended by Punjab Act 10 of 1993. 60. Amended by Punjab Act 11 of 1993. 61. Amended by Punjab Act 27 of 1993. 62. Amended by Punjab Act 11 of 1994. 63. Amended by Punjab Act 6 of 1995. 64. Amended by Punjab Act 1 of 2002. 65. Amended by Punjab Act 21 of 2003. 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 territories 1[-] administered by the 2[Government] of3[Punjab] and (3) It shall come into force on 4such day as the 5[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, ra tes 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, The Punjab Municipal Act, 1911, Section 1 13 1. Words "for the time being" omitted vide Government of India (Adaptation of Indian Laws) Order 1937. 2. Substituted for the word "Lieutenant- G overnor" 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, 1951. 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, 14 The Punjab Municipal Act, 1911, Section 3 1. Substituted by Punjab Amending Act 11 of 1994. 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. The Punjab Municipal Act, 1911, Section 3 15 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 C ouncil or a Nagar Panchayat, as the case may be, constituted under section 12 of this Act; 2[(4a) "Deputy Commissioner" or "De puty 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.] 16 The Punjab Municipal Act, 1911, Section 3 1. Substituted by Punjab Act 11 of 1994. 2. Old (4a) omitted by Act 11 of 1994 and old 4(b) renumbered as 4a. 3. Old 4a omitted by Punjab Act 11 of 1994 and old 4b renumbered as 4a. 4. Municipal to which the Punjab Municipal (Executiv e Officer) Act, 1931, applies clause (5a) has been inserted by Item No. 2, Schedule II, Punjab Act 2 of 1931. 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 the 3[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 The Punjab Municipal Act, 1911, Section 3 17 1. Added by Punjab Act 11 of 1994. 2. Inserted by the Punjab Municipa l (Amendment) Act, 1933, section 3. 3. Substituted by Punjab Act 34 of 1953, s ection 5, Schedule II, for "Commissioner". 4. Added by Act 6 of 1995. 5. Added by Punjab Act 11 of 1994 as (8a) and renumbered by Act 6 of 1995. 6. Substituted by Punjab Act 11 of 1994. 7. Substituted by Amending Act 11 of 1994. 8. Inserted by Punjab Act 10 of 1972 and renum bered from 9(a) to 9(b) by Act 11 of 1994. 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 18 The Punjab Municipal Act, 1911, Section 3 1. Added by Act 6 of 1995 2. Substituted by Punjab Act 3 of 1933. 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" shall have the meaning assigned to it in the Indian Factories Act, 1911.2 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- The Punjab Municipal Act, 1911, Section 4 19 1. Substituted by Punjab Act 11 of 1994. Substituted by Punjab Act 3 of 1993. 2. Since repealed, Now see The Factories Act, 1948. 3. Clause 17 and 18 were inserted by P unjab Act 3 of 1933. Section 3 (vi). 4. Inserted by East Punjab Act 20 of 1249, section 2. 5. Clause 21 inserted by Punj ab Act 24 of 1973, section 2. 6. Substituted by Act 11 of 1994 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 lo cal 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 15. 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. 20 The Punjab Municipal Act, 1911, Section 5 1. Substituted by Punjab Act No. 11 of 1994. 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. 2 Offices 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. The Punjab Municipal Act, 1911, Section 6 21 1. Substituted by Act 11 of 1994 2. Added by Act 11 of 1994. 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
Excerpt shown. Open the full act in Lexace.
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