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PUNJAB MUNICIPAL CORPORATION ACT 1976
Act No. 42 of 1976
21st December 1976
An Act to provide for the establishment of Municipal Corporation for certain Cities in the State of Punjab.
Read full Act
(1) This Act may be called the Punjab Municipal Corporation Act, 1976.
(2) It extends to the whole of the State of Punjab excluding the Cantonment areas therein.
(3) It shall come in force at once.
In this Act, unless the context otherwise requires:-
(1) The Government may, having regard to the population of the area, the density of the population 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 larger urban area for the purposes of this Act:
Provided that no military cantonment or any part thereof shall be included in such larger urban area:
Provided further that a Corporation may not be constituted for such a larger urban area or part thereof as the Government 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.
(2) Where an area is specified as a larger urban area under sub-section (1), the Government shall, by
(1) For the purposes of carrying out of the provisions of this Act there shall be a Corporation charged with the municipal Government of a City. The Corporation for each of the Cities of Amritsar and Ludhiana shall be known as the Municipal Corporation of Amritsar, and the Municipal Corporation of Ludhiana, respectively and the Corporation for every other City constituted under sub-section (2) of section 3 shall be known by the name of "the Municipal Corporation...........(name of the City)".
(2) Every Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
(3) As soon as may be after the appointed day a Corporation which shall be composed of elected councillors and ex officio councillors, if any, shall be constituted from such date as may be specified in this behalf by notification by the Government.
(1) Every Corporation constituted under section 3 shall consist of,-
(2) A person who is elected as a Councillor of a Corporation shall not be considered to be an ex officio member, if he is a member of the Punjab Legislative Assembly at the time of his election or becomes such member at any time thereafter and such person shall have all the rights and be subject to all the liabilities of an elected Councillor.
(1) In every Corporation, out of the total number of elected Councillors determined under sub-section (3) of s. 5, the Government shall reserve,-
(2) Not less than one-third of the total number of seats reserved under clause (a), shall be reserved for women belonging to the Scheduled Castes.
(3) Not less than one-third (including the number of seats
Offices of Mayors of Corporations shall be reserved by rotation in the prescribed manner for the members of the Scheduled Castes, Backward Classes and women in the following ratio, namely :-
(1) Every Municipal Corporation, save as otherwise provided 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" shall mean the meeting of the newly constituted Corporation held for the election of its Mayor and Deputy Mayor under section 38 of this Act.
(2) All Corporations existing immediately before the commencement of the Constitution (Seventy-Fourth) Amendment Act, 1992, shall continue till the expiration of their duration unless sooner dissolved by a resolution pased to that effect by the State Legislative.
(3) An election to constitute a Corporation shall be completed-
Provided that when the remainder of the period for which the dissolved Corporation would have continued
(1) Subject to the provisions of this Act and the rules made thereunder, the Government may, by notification, in the Official Gazette, direct that a general election or an election to fill a casual vacancy of the Councillors of the Corporation, shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Corporations or group or groups of Corporations.
(2) As soon as a notification is issued under sub-section (1), the State Election Commission shall take necessary steps for holding such general election.
(1) Whenever a vacancy occurs by death, resignation, removal or otherwise of an elected councillor, 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 belonging to the category to which the vacancy relates.
(2) A person elected to fill up a casual vacancy shall be elected for the remainder of his successor’s term of office:
Provided that where the remainder of the period, for which a councillor is to be elected, is less than six months, it shall not be necessary to hold any election under this section to fill up such a vacancy."
(1) For the purposes of election of councillors, the City shall be divided into single-member wards in such manner that the population of each of the wards shall, so far as practicable, be the same throughout the City.
(2) The Government shall, by order in the Official Gazette, determine the extent of each ward and the wards in which seats shall be reserved for Scheduled Castes.
The Corporation, which the previous approval of the Government, may from time to time by order in the Official Gazette, alter or amend any order made under section 8.
The superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of all elections to the Corporations shall vest in the State Election Commission.
[Omitted by Act 12 of 1994].
[Omitted by Act 12 of 1994].
(1) A person shall be disqualified for being chosen as, and for being, a councillor,-
[Omitted by Act 12 of 1994].
(1) Every councillor other than an associate councillor, shall, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form namely:-
"I, A, B., having been elected as councillor of the Municipal Corporation of --------------- do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."
(2) If a person sits or votes as a councillor before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
(1) The Government may by notification remove any councillor, other than an associate councillor, if in its opinion,-
Provided that before the Government notifies the r
The councillors shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rate as may be determined by rules made in this behalf.
(1) The Corporation shall, in the prescribed manner, elect one of its members to be the Mayor and other two members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation.
(2) The election under sub-section (1) shall be conducted at a meeting of the Corporation to be convened immediately after the meeting held for making and subscribing oath or affirmation by the councillors under section 35 but not later than one month from the date on which election of the councillors is notified under section 17.
(2-A) The term of office of a Mayor, Senior Deputy Mayor and Deputy Mayor shall be co-terminus with their term as councillors.
(3) On the occurrence of any casual vacancy in the office of the Mayor, Senior, Deputy Mayor or Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Senior Deputy Mayor or Deputy Mayor, as the case may be, and every person so elected shall hold office for t
A councillor holding office as Mayor or Senior Deputy Mayor or Deputy Mayor may be removed from his office by a resolution of the Corporation passed by a majority of the total membership of the Corporation and by majority of not less than two-thirds of the members of the Corporation present and voting in a meeting of the Corporation in the prescribed manner.
(1) When the office of the Mayor is vacant, the Senior Deputy Mayor and in his absence, the Deputy Mayor shall act as Mayor until a new Mayor is elected.
(2) When the Mayor is absent from duty on account of illness or any other cause, the Senior Deputy Mayor, and in his absence the Deputy Mayor, shall act as Mayor during his absence.
(1) The Mayor may, by writing under his hand addressed to the Corporation and delivered to the Commissioner, resigns his office.
(2) The Senior Deputy Mayor or the Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the Commissioner resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.
(1) In respect of a Corporation having population of three lakhs or more, there shall be constituted by the Commissioner by order in writing such number of wards committees as may be determined by him:
Provided that a Wards Committee shall consist of not less than five wards.
(2) In constituting Wards Committees, the Commissioner shall maintain geographical contiguity as far as possible.
(3) Each Wards Committee shall consist of,-
Provided that the number of ex officio members, appointed to a Wards Committee shall not be more than half the strength of the elected members of the Wards Committee:
Provided further that the ex officio members shall have the right to participate in the meetings of the Wards Committee but shall not have the right to vote.
(4) The C
(1) There shall be constituted in every district, a District Planning Committee to consolidate the plans prepared by the Corporation in the District and to prepare a Draft Development Plan for the district as a whole.
(2) The manner in which the seats in the District Planning Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the Government, subject, however, to the provisions of Article 243-ZD of the Constitution of India.
(3) In preparing the draft development plan of the district, the District Planning Committee shall have regard to,-
(1) There shall be constituted in every Metropolitan Area, a Metropolitan Planning Committee to prepare a draft development plan of the Metropolitan Area as a whole.
(2) The manner in which the seats in such Committee are to be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee is to be chosen, shall be as the Government may prescribe, subject, however, to the provisions of Article 243 ZE of the Constitution of India.
(3) In preparing the draft development plan of a Metropolitan Area, the Metropolitan Planning Committee shall have regard to,-
(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the municipal Government of the City shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section (1) it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.
It shall be incumbent on the Corporation to make adequate provision by any means or measures which it may lawfully use or take for each of the following matters, namely :-
The Corporation may in its discretion provide either wholly or in part for all or any of the following matters, namely:-
The municipal authorities charged with carrying out the provisions of this Act shall be -
(1) The Government shall, by notification in the Official Gazette, appoint a Class I officer, of the Government a minimum service as such of ten years as the Commissioner of the Corporation.
(2) Subject to the provisions of Section (3), the Commissioner so appointed shall hold office for a term of three years in the first instance :
Provided further that his appointment may be renewed for a term not exceeding three years :
Provided further that no officer who has attained such age of superannuation as may from time to time be fixed by the Government shall be appointed or continue as Commissioner.
(3) The Government -
The Commissioner shall be paid out of the Corporation Fund such monthly salary and such monthly allowances, if any, as may from time to time be fixed by the Government and may be given such facilities (if any) in relation to residential accommodation, conveyance and the like as may from time to time be fixed by the Government.
(1) Leave may be granted to the Commissioner by the Government.
(2) Whenever such leave is granted to the Commissioner the Government shall appoint another person to officiate as Commissioner in his place.
If any vacancy occurs in the office of the Commissioner on account of death, resignation or removal, the Government may appoint another person to officiate as Commissioner in his place for a term not exceeding two months, pending the appointment of a Commissioner under Section 47.
The Corporation shall make such contribution towards leave, allowances, pension and provident fund of the Commissioner as may be required by the conditions of his service under the Government.
Save as otherwise provided in this Act, the entire executive power for the purpose of carrying out the provisions of this Act and of any other Act for the time being in force which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner who shall also-
(1) The Corporation may at any time require the Commissioner -
(2) Every such requisition shall be complied with by the Commissioner without any unreasonable delay; and it shall be incumbent on eve
Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any municipal authority by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely :-
(1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of business.
(2) The Mayor or in his absence the Senior Deputy Mayor, and in the absence of both, the Deputy Mayor may, whenever he thinks fit, and shall upon a requisition in writing by not less than one-fourth of the total number of councillors, convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner.
The first meeting of the Corporation after a general election shall be held as early as possible after the publication of the results of the election of the councillors under section 17 and shall be convened by the Divisional Commissioner.
A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent to the registered address of each councillor at least seventy-two hours before the time fixed for such meeting and no business shall be brought before or transacted at, any meeting other than the business of which a notice has been so given :
Provided that any councillor may send or deliver to the Corporation Secretary notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Corporation Secretary shall with all possible despatch take steps to circulate such resolution to every councillor in such manner as he may think fit.
Explanation. - In this section ‘registered address’ means the address for the time being entered in the register of addresses of councillors maintained in this behalf by the Corporation Secretary.
(1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of members.
(2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is quorum present or not.
(1) The Mayor or in his absence, the Senior Deputy Mayor, and in the absence of the both, the Deputy Mayor shall preside at every meeting of the Corporation.
(2) In the absence of the Mayor and both the Deputy Mayors from the meeting, the members present shall elect one from among their own number to preside.
(3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes.
Notwithstanding anything contained in section 59 -
(1) Save as otherwise provided in this Act all matters required to be decided by the Corporation shall be decided by the majority of the votes of the members present and voting.
(2) The voting shall be by show of hands, but the Corporation may, subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by ballot.
(3) At any meeting, unless voting be demanded by at least four members, a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution.
(4) If voting as aforesaid is demanded, the votes of all of the members present who desire to vote shall be taken under the direction of the Presiding Officer at the meeting and the result of the
(1) The Mayor or the person presiding over a meeting shall preserve order thereat and shall have all powers necessary for the purpose of preserving such order.
(2) The Mayor or the person presiding over a meeting may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting, and any councillor so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting.
(3) If any councillor is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such councillor from attending the meetings of the Corporation for any period not exceeding fifteen days and the councillor so suspended shall absent himself accordingly;
Provided that the Mayor may at any time terminate such suspension :
Provided further that such suspension shall not debar the suspended councillor from serving on any committee of the Corporation of which he is a
No councillor shall vote at a meeting of the Corporation or of any committee thereof on any question relating to his own conduct or vote or take part in any discussion on any matter (other than a matter affecting generally the residents of the City or of any particular ward), which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or agent.
(1) The Commissioner or any Corporation officer authorised by him in this behalf may attend, speak in, or otherwise take part in the proceedings of any meeting of the Corporation or any of its committees, but he shall not be entitled to vote in any such meeting.
(2) A councillor may, subject to the provisions of sub-section (3), ask the Commissioner, during first half of an hour of every meeting, question on any matter relating to the municipal government of the City or the administration of this Act.
(3) The right to ask a question shall be governed by the following conditions, namely :-
The Corporation may make regulations for the transaction of business at its meetings and at the meetings of its ad hoc committees and the manner in which notice of such meetings shall be given :
Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under section 4 shall be determined by the Divisional Commissioner.
(1) The Chairman or in his absence the Deputy Chairman shall preside at every meeting of the ad hoc committee.
(2) In the absence of the Chairman and the Deputy Chairman from any meeting the members of any such committee shall choose one of their number to preside over the meeting.
Minutes in which shall be recorded the names of the members present at, and the proceedings of each meeting of the Corporation and of committees shall be drawn up and recorded in a book to be kept for the purpose and shall be laid before the next ensuing meeting of the Corporation or of the committee, as the case may be and signed at such meeting by the presiding officer thereof.
(1) Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the Corporation office for inspection by any other person on payment of a fee prescribed by regulations.
(2) Full reports, if any, of such proceedings shall similarly be available for inspection by any member of the Corporation without charge and by any other person, on payment of a fee prescribed by regulations.
(1) The Corporation Secretary shall forward to the Divisional Commissioner as well as to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within three days from the date of the meeting.
(2) The Divisional Commissioner or the Government may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any Committee thereof and the Corporation Secretary shall forward to the Divisional Commissioner or Government, as the case may be, a copy of such paper or papers.
(1) The Corporation shall have power to act notwithstanding any vacancy in the membership thereof and no act done or the proceedings taken under this Act shall be questioned on the ground merely of -
(2) Every meeting of the Corporation or of any committee thereof, the minutes of proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.
(1) The Government may, by notification, constitute in the prescribed manner, all or any of the following Corporation Services, namely :
(2) The Government may make rules for regulating the recruitment and the conditions of service of members of the Corporation Services referred to in sub-section (1), and the classification of such services and for the duties and functions of the members of such services.
(3) The Government may transfer any member of a Corporation Service from a post in one Corporation to a post carrying the same scale of pay in another Corporation.
(4) The salary, allowances, gratuity
No Corporation officer or other Corporation employee shall undertake any work unconnected with duties under this Act except with the permission of the Corporation.
(1) A person shall be disqualified for being appointed as a Corporation officer or employee if he has, directly or indirectly, by himself or by a partner or any other person any share or interest in any contract made with, or any work being done for, the Corporation, other than as such officer or employee.
(2) If any such officer or other employee acquires, directly or indirectly by himself or by a partner or any other person, any share or interest in any such contract or work as is referred to in sub-section (1), he shall, unless the authority appointing him in any particular case otherwise decides, be liable to be removed from his office by an order of such authority :
Provided that before an order of removal is made, such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him.
(1) Every Corporation officer or other Corporation employees, other than those referred to in sub-section (1) of sub-section 71, shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for breach of any departmental regulations or of discipline or for carelessness, unfitness, neglect of duty or other misconduct by such authority as may be prescribed by regulations :
Provided that no such officer or other employee as aforesaid shall be reduced in rank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed :
Provided further that the Corporation may by regulations provide that Corporation employees belonging to such classes or categories as may be specified in the regulations shall be liable also to be fined by such authority as may be specified therein.
(2) No such officer or other employee shall be punished under sub-section (1)
The Corporation may make regulations to provide for any one more of the following matters, namely :-
(1) Save as otherwise provided in this Act, -
All moneys payable to the credit of the Corporation Fund shall be received by the Commissioner 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.
Save as otherwise provided in this Act, no payment shall be made by any Bank referred to in section 77 out of the Corporation Fund except on a cheque signed by both -
No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget-grant and a sufficient balance of such budget-grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act :
Provided that this section shall not apply to payments made in the following classes of cases, namely :-
Before any person signs a cheque in accordance with section 78 or signs any bill for payment of any amount from the Treasury, he shall satisfy himself that the sum which is specified, for payment in the bill or for which the cheque is drawn, as the case may be, is either -
Whenever any sum is expended under clause (c), (e) or (f) of the proviso to section 79, the Commissioner shall forthwith communicate the circumstances to the Corporation to take such action under the provisions of this Act as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
(1) The moneys from time to time credited to Corporation Fund shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act, and of the rules, regulations and bye-laws made thereunder, or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act.
(2) Such moneys shall likewise be applied in payment of all sums payable out of the Corporation Fund under any other enactment for the time being in force.
(3) Notwithstanding anything contained in this Act such moneys may also be applied in payment of all sums, charges and costs on all acts and things which are likely to promote the safety, health, welfare, or convenience of the inhabitants, or expenditure whereon may be declared by the Corporation, with the sanction of the Government, to be an appropriate charge on the Corporation Fund.
(4) Each Corporation shall contribute from its Fund such sum as may be required by the
On the written requisition of the Secretary, Local Government Department, Punjab, the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the Corporation Fund so far as the same can be met without unduly interfering with the regular work of the municipal government.
(1) Surplus moneys standing at the credit of Corporation Fund which cannot immediately or at an early date be applied for the purposes specified in section 82 shall be invested in the prescribed manner.
(2) The loss, if any, arising from such investment, shall be debited to the Corporation Fund.
(1) The Corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed.
(2) The Constitution and disposal of such funds shall be effected in the manner laid down by regulations.
(1) The Corporation shall, not later than the first week of February of every year, adopt for the ensuing year a budget estimate which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on account of the municipal Government of the City.
(2) The budget estimate adopted under sub-section (1) shall be submitted to the Government not later than the last week of February preceding the year to which the budget estimate relates.
(3) The budget estimate received by the Government under sub-section (2) shall be returned to the Corporation before the 31st day of March after approval without any modification or with such modifications as the Government may deem fit.
(4) The budget estimate shall be prepared in such manner and shall provide for all such matters as may be prescribed.
(1) On the recommendation of the Commissioner, the Corporation may from time to time during the year -
Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget-grant, the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the Corporation may determine in respect of each budget estimate.
(2) Every increase in a budget-grant and every additional budget-grant made in any year under sub-section (
(1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget-grant that has been made under section 87, the income of the Corporation Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year and to leave at the close of the year the cash balance specified in or determined under the proviso to sub-section (1) of section 87, then it shall be incumbent on the Corporation to sanction forthwith any measures which it may consider necessary for adjusting that year’s income to the expenditure.
(2) For the purposes of sub-section (1), the Corporation may either diminish the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of this Act, or have recourse to supplementary taxation under section 133 or to an increase of the rates of cesses, fees, fares and other charges leviable under this Act, or to adopt all or any of thos
If the whole or any part of any budget-grant included in the budget estimates for a year remains unexpended at the close of that year, and that amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Commissioner may sanction the expenditure of such budget-grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget-grant was originally made and not for any other purpose or object.
(1) The Corporation shall, for the purposes of the Act, levy the following taxes :-
(2) Subject to the prior approval of the Government the Corporation may, for the purposes of this Act, in addition to the taxes specified in sub-section (1), levy,-
Provided that no tax shall be imposed under this sub-section unless an opportunity has been given in th
(1) Save as otherwise provided in this Act, Taxes on lands and buildings in the City shall consist of the following, namely :-
Provided that the general tax may be levied on a graduated scale, if the Government determines.
(2) The Government shall exempt from the general tax lands and buildings of which the rateable value does not exceed the prescribed limit.
(1) Save as otherwise provided in this Act, the water tax shall be levied only in respect of lands and buildings -
(2) The fire tax shall be levied in respect of all lands and buildings in the City in respect of which the general tax is levied or would have been levied but for the exemption given by or under the provisions of this Act.
Subject to the rules, if any, made by the State Government in this behalf, the rateable value of any land or building assessable to taxes specified in section 91 shall be -
Every owner the rateable value of whose lands and buildings exceeds thirty thousand rupees shall furnish a return of the rateable value of his lands and buildings in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed and if he fails to do so or gives any information in the return which is false, and which he either knows or believes it to be false or does not believe to be true, shall be punishable with fine which may extend to five thousand rupees or with imprisonment for a term which may extend to three months or with both.
(1) The Commissioner may in such cases as the Corporation may either generally or specifically direct, instead of levying water tax in respect of any land or building liable thereto under section 92, charge for the water supplied to such land or building by measurement at such rate as shall from time to time be prescribed by the Corporation in this behalf.
(2) The Corporation may for the cases in which the Commissioner charges for water supplied by measurement under sub-section (1), prescribe such conditions as it may think fit regarding the use of the water and regarding the charges to be paid for water consumed whilst a meter is out of order or under repair :
Provided that no condition prescribed under this sub-section shall be inconsistent with this Act.
(3) A person who is charged for water supplied by measurement shall not be liable for payment of water tax but any sum payable by him on account of water and not paid when it becomes due shall be recoverable
Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempt from the taxes on lands and buildings specified in section 91 :
Provided that nothing in this section shall prevent the Corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable, or treated as liable, so long as that tax continues to be levied by the Corporation on other lands and buildings.
(1) The taxes on lands and buildings shall be primarily leviable as follows :-
(2) If any land has been let for a term exceeding one year to a tenant and such tenant has built upon the land, the taxes on lands and buildings assessed in respect of that land and the building erected thereon shall be primarily leviable upon the said tenant, whether the land and building are in the occupation of such tenant or a sub-tenant of such tenant.
Explanation - The term ‘‘tenant’’ includes any person deriving title to the land or the building erected upon such land from the tenant whether by operation of law or by transfer inter vivos.
(3) The liablility of the several owners of any building which is, or purports to be, seve
(1) If any land or building assessed to taxed specified in section 91 is let and its rateable value exceeds the amount of rent payable in respect thereof to the person upon whom under the provisions of s. 97 the said taxes are leviable, that person shall be entitled to receive from his tenant the difference between the amount of the said taxes levied upon him and amount which would be leviable upon him if the said taxes were calculated on the amount of rent payable to him.
(2) If the land or building is sublet and its rateable value exceeds the amount or rent payable in respect thereof to the tenant by his sub-tenant, or the amount or rent payable in respect thereof to a sub-tenant by the person holding under the sub-tenant, the tenant shall be entitled to receive from his sub-tenant or the sub-tenant shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from such tenant or sub-tenant a
(1) On the failure to recover any sum due on account of taxes specified in section 91 in respect of any land or building from the person primarily liable therefor under section 97, the Commissioner shall in the prescribed manner recover from every occupier of such land or building by attachment, or the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be reimbursed by the person primarily liable for the payment and may in addition to having recourse to other remedies that may be open to him, deduct the amount to be recovered from the amount of any rent from time to time becoming due from him to such person.
Taxes due under this Act in respect of any land or building shall, subject to the prior payment of the land revenue, if any, due to the Government thereon, be a first charge -
Explanation. - The term ‘‘taxes’’ in this section shall be deemed to include-
(1) Save as otherwise provided in this Act, the Corporation shall cause an assessment list of all lands and buildings in the City to be prepared in such form and manner and containing such particulars with respect to each land and building as may be prescribed by bye-laws.
(2) When the assessment list has been prepared, the Commissioner 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 the owner, lessee or occupier of any land or building included in the list and any authorised agent of such person, shall be at liberty to inspect the list and to take extracts therefrom free of charge.
(3) The Commissioner shall, at the same time, give public notice of a date, not less than one month thereafter, when he will proceed to consider the rateable value of lands and buildings, entered in the assessment list, and in all cases in which any land or building is for the first time assessed (or the r
Subject to such alterations as may thereafter be made in the assessment list under section 103 and to the result of any appeal made under the provisions of this Act, the entries in the assessment list authenticated and deposited as provided in section 101 shall be accepted as conclusive evidence, for the purpose of assessing any tax levied under this Act, of the rateable value of all lands and buildings to which such entries respectively relate.
(1) The Commissioner may, at any time, amend the assessment list, -
Provided that no person shall by reason of any such amendment becom
It shall be in the discretion of the Commissioner to prepare for the whole or any part of the City a new assessment list every year or to adopt the rateable values contained in the list for any year, with such alterations as may in particular cases be deemed necessary, as the rateable values for the year following giving the same public notice as well as individual notices, to persons affected by such alterations, of the rateable values as if a new assessment list had been prepared.
(1) Whenever the title of any person primarily liable for the payment of taxes specified in section 91 on any land or buildings is transferred, the person whose title is transferred and the person to whom the same is transferred shall within three months after the execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the commissioner
When any new building is erected or when any building is re-built or enlarged or when any building which has been vacant is re-occupied, the person primarily liable for the taxes specified in section 91 assessed on the building shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation, whichever first occurs, or as the case may be, from the date of its enlargement or re-occupation; and the said taxes shall be assessable on the building from the said date.
(1) When any building or any portion of a building, which is liable to the payment of taxes specified in section 91 is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said taxes shall give notice thereof in writing to the Commissioner.
(2) Until such notice is given, by person aforesaid shall continue liable to the payment of such taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed.
(1) To enable him to determine the rateable value of any land or buildings and the person primarily liable for the payment of any taxes specified in section 91 leviable in respect thereof, the Commissioner may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Commissioner fixes in this behalf, with information or with a written return signed by such owner or occupier -
(2) Every owner or occupier on whom any such requisition is made shal
Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Commissioner shall for the purpose or assessing such land or building to taxes specified in section 91 treat the whole of it as one property :
Provided that the Commissioner may, in respect of any land building which was originally treated as one property but which subsequent passes on by transfer, succession or in any other manner to two or more persons who divide the same into several parts and occupy them in severalty, treat, subject to any bye-law made in this behalf, each such several part, or two or more of such several parts together, as a separate property and assess such part or parts to the said taxes accordingly.
If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to taxes specified in section 91 accordingly :
Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises.
The Commissioner may in his discretion assess any out-houses appurtenant to a building, or any portion of a land or building separately from such building or, as the case may be, from the rest of such land or building.
(1) The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner, to enter on, survey and value any land or building which the Commissioner may direct him to survey and value.
(2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section.
Except as hereinafter provided, the Corporation shall levy octroi on article and animals, imported into the City, at such rates as may be specified by the Government:
Provided that with effect from the commencement of the Punjab Municipal Corporation (Amendment) Act, 2006, no octroi shall be levied, except on electricity, petrol and diesel :
Provided further that the additional excise duty, levied in lieu of octroi on liquor under any other provision of law, shall continue to be levied.
Every person bringing or receiving within the octroi limits of any City any article on which octroi is payable, shall when required by an officer duly authorised by the Government or the Corporation in this behalf and so far as may be necessary for ascertaining the amount of tax chargeable-
If any person, bringing or receiving conveyance or package within the octroi limits of a City on which octroi is or is believed to be leviable, shall refuse, on the demand of an officer authorised by the Government or the Corporation 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 contains any articles in respect of which octroi is payable or shall refuse to communicate to that 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 intention of defrauding the Corporation shall communicate any such information which is false or exhibit any such bill, invoice or document of a like nature which is false or forged, he shall be punishable with fine which may extend to fifty rupees.
If animals or articles passing the octroi limits of a corporation are liable to the payment of octroi then every person who causes or abets the introduction of, or himself introduces or attempts to introduce within the said octroi limits any such animals or articles upon which payment of the octroi due on such introduction has neither been made nor tendered, shall be punishable with fine which may extend either to twenty times the value of such octroi or to fifty rupees, whichever may be greater.
(1) In case of non-payment of any octroi or of any toll on demand, the officer empowered to collect the same or the officer referred to in Section 114 may seize any article on which the octroi 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 Corporation 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 so 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 demand and expenses are in the meantime paid :
Provided that, by order of the Commissioner 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.<
(1) Notwithstanding anything contained in this Act, it shall be lawful for the Corporation to lease by public auction or by invitation of bids in writing, the collection of octroi for any period not exceeding one year at a time or to appoint an agent for the collection thereof.
(2) Where the collection of octroi has been so leased or where any agent is appointed in terms of sub-section (1), any person employed by the lessee or the agent shall, subject to the conditions of the lease or, as the case may be, with the agreement of agency, exercise the powers and perform the duties conferred and imposed on the officers and the employees of the Corporation authorised to collect octroi under this Act or the rules made thereunder :
Provided that no property seized under the provisions of section 117 may be sold except under the orders of the Commissioner.
(3) Subject to the directions of the State Government by general or special order from time to time, if any, the Co
(1) A tax under clause (c) of sub-Section (1) of Section 90 shall be levied at rates specified, from time to time by the Government in this behalf on -
(2) A vehicle or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.
The tax on vehicles or animals shall be leviable upon the owner of, or the person having possession or control of, such vehicles or animals in respect of which the tax is leviable :
Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal shall be leviable upon the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person.
(1) The tax under clause (a) of sub-section (1) of Section 118 shall not be leviable in respect of -
(2) The tax under clause (b) of sub-section (1) of Section 118 shall not be leviable in respect of animals belonging to the Corporation, Government or Union of India.
The tax on vehicles or animals shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.
(1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisement to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by means of cinematograph), shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a tax calculated at such rates, as may from time to time, be specified by the Government.
Provided that no tax shall be levied under this section on any advertisement which-
(1) No advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon in any vehicle or shall be displayed in any manner whatsoever in any place within the City without the written permission of the Commissioner granted in accordance with bye-laws made under this Act.
(2) The Commissioner shall not grant such permission, if-
(3) Subject to the provisions of sub-section (2), in the case of an advertisement liable to the advertisement tax, the Commissioner shall grant permission for the period to which the payment of the tax relates and no fee shall be charged in respect of such permission.
The permission granted under Section 123 shall become void in the following cases namely:-
Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the person on whose behalf the advertisement purports to be or the agents of such person or persons.
If any advertisement is erected, exhibited or fixed, retained in contravention of the provisions of Section 123, the Commissioner may require the owner or occupier of the land, buildings, wall, boarding, frame, post or structure or vehicle upon, or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened.
Every person who makes an application to the Commissioner for the sanction of a building plan shall pay along with the application tax at such rate as may, from time to time, be specified by the Government.
The Corporation shall charge development tax on the increase in the value of the land or building comprised in a scheme put into operation within the City under Chapter XIX, but not actually required for the execution thereof.
The development tax shall be an amount equal to one-half of the difference between the market value of the land or building on the date specified in the notification issued under Section 131 and the market value of such land or building on or immediately before the date on which the scheme after sanction is finally notified under Chapter XIX :
Provided that for the purpose of calculation under this section the land shall be treated as free of all buildings.
Every owner of land or building mentioned in Section 128 or any person, having an interest therein in respect of the increase in the value of such land or building shall in the manner hereinafter provided pay to the Corporation such development tax as may be assessed by the Commissioner.
The State Government shall, by notification in the Official Gazette, declare the date on which a scheme shall be deemed to have been completed.
(1) The Commissioner or an officer authorised by him in this behalf shall at any time after the publication of the notification under Section 131 assess the amount of development tax payable by the person concerned and shall give a notice in writing to such person stating the amount of the tax and the instalments, if any, and the dates on which the tax shall be paid together with such other particulars as may be necessary.
(2) Any person on whom a notice of assessment is served under sub-section (1) may, within one month from the date of service of such notice file an objection against such assessment before the Commissioner or an officer authorised by him in this behalf :
Provided that an objection may be entertained after the expiry of the period of one month if the Commissioner or an officer authorised by him under sub-section (1) is satisfied that the failure to file objection was due to any cause beyond the control of the objector.
(3) After an opportunity
Whenever the Corporation decides to have recourse to supplementary taxation under sub-section (2) of Section 88 in any year, it shall do so by increasing any tax leviable under this Act by such rate and from such date as the Government may determine.
Save as otherwise provided in this Act, any tax levied under this Act shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws made in this behalf.
(1) When any tax has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due :
Provided that no such bill shall be necessary in the case of-
(2) Every such bill which shall be in the prescribed form shall for the purposes of this Act, be considered a notice of demand shall specify the particulars of the tax and the period for which the charge is made.
(3) If the amount specified in the bill is paid within a period of fifteen days from the presentation thereof a rebate of five per cent shall be allowed in the amount of tax.
(4) If the tax on vehicles and animals or the theatre-tax or the tax on advertisements is not paid after it has become due, the Commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in the
If the Commissioner has reason to believe that any person from whom any sum is due or is about to become due on account of any tax is about to move from the City, he may direct the immediate payment by such person of the sum so due or about to become due and cause a notice of demand for the same to be served on such person.
If the person liable for the payment of any tax does not within thirty days from the service of the notice of demand under sub-section (2) or sub-section (4) of Section 135, or under Section 136, pay the same, the tax together with the costs of recovery shall be recoverable in the manner provided hereinafter.
Any sum due on account of tax payable under this Act may be recovered, together with costs of recovery, by the following processes, in the manner prescribed-
(1) If the tax on any vehicle or animal is not paid, then, instead of proceeding against the defaulter by distress and sale of his other movable property, the Commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both, and if the owner or other person entitled thereto does not within seven days in respect of a vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such part thereof as is required in the discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale proceeds under sub-section (1) shall, immediately after the sale of the property, be credited to the Corporation Fund and notice of such credit shall be given at the
If any building is wholly or partly demolished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit.
(1) If any building together with land appurtenant thereto has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, two-thirds of such portion of the fire tax and the general tax assessed on the rateable value thereof as may be proportionate to the number of days during which the said building together with the land appurtenant thereto has remained vacant and unproductive of rent.
(2) If any land, not being land appurtenant to a building, has remained vacant and unproductive of rent for sixty or more consecutive days, the Commissioner shall remit or refund, as the case may be, one-half of such portion of the fire tax and the general tax assessed on the rateable value thereof, as may be proportionate to the number of days during which the said land has remained vacant and unproductive of rent :
(3) If any land whether appurtenant to a building or not or any building has remained vacant
(1) For the purpose of obtaining a partial remission or refund of tax, the owner of a building composed of separate tenements may request the Commissioner, at the time of the assessment of the building, to enter in the assessment list, in addition to the rateable value of the whole building, a note regarding any detail of the rateable value of each separate tenement.
(2) When any tenement, the rateable value of which has been thus separately recorded, has remained vacant and unproductive of rent for sixty or more consecutive days, such portion of any tax assessed on the rateable value of the whole building shall be remitted or refunded as would have been remitted or refunded if the tenements had been separately assessed.
No remission or refund under Section 141 or Section 142 shall be made unless notice in writing of the fact that the land, building or tenement has become vacant and unproductive of rent has been given to the Commissioner and no remission or refund shall take effect in respect of any period commencing more than fifteen days before delivery of such notice.
(1) For the purposes of Sections 141 and 142, no land, building or tenement shall be deemed vacant if maintained as a pleasure resort or town or country house or be deemed unproductive of rent if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief under Section 140 or Section 141 or Section 142, shall be upon him.
The owner of any land, building or tenement in respect of which a remission or refund of tax has been given under Section 141 or Section 142; shall give notice of the re-occupation of such land, building or tenement within fifteen days of such re-occupation.
(1) An appeal against the levy or assessment of any tax under this Act shall lie to the Divisional Commissioner and every such appeal shall, subject to the provisions of this Act, be received, heard and disposed of within the local area of the City.
(2) If, before or on the hearing of an appeal under this section, any question of law or usage having the force of law or construction of a document arises, the Divisional Commissioner on his own motion may, or on the application of any party to the appeal, shall, draw up a statement of the facts of the case, and the question so arising and refer the statement with his opinion on the question for the decision of the High Court.
(3) On a reference being made under sub-section (2), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908.
(4) In every app
No appeal shall be entertained under Section 146, unless-
Provided that an appeal may be admitted after the expiration of the period prescribed therefor by this section if the appellate satisfies the appellant authority that he had sufficient cause for not preferring the appeal within that period;
The order of the appellate authority confirming, setting aside or modifying an order in respect of any rateable value or assessment or liability to assessment or taxation shall be final :
Provided that it shall be lawful for the appellate authority, upon application or on its own motion, to review any order passed by it in appeal within three months from the date of the order to correct any clerical error or any error apparent on the face of record.
(1) No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed 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 accordance with the provisions of this Act and the rules thereunder.
(1) The Commissioner or any other person authorised by him in this behalf, may, without giving any previous notice, enter upon and make an inspection of -
(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any serva
(1) Subject to the rules made in this behalf, the Commissioner may, with the previous sanction of the Corporation allow any person to compound for any tax for a period not exceeding one year at a time.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrear of tax under this Act.
(1) The Commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion, irrecoverable :
Provided that no sum exceeding one hundred rupees shall be written off in favour of any one person without the previous sanction of the Corporation.
(2) The Commissioner shall report to the Corporation every case in which any sum has been written off under sub-section (1).
(1) The Commissioner may, by written notice, call upon any inhabitant of the City to furnish such information as may be necessary for the purpose of ascertaining -
(2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax as the Commissioner may deem proper, and the assessment so made shall, subject to the provisions of this Act, be final.
(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 mistake, whether on the part of the Corporation or any officer or employee of the Corporation 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 order is passed.
(2) Any person aggrieved by an order of the prescribed authority may, within a period of thirty days of the date of communication to him o
No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only 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, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of 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.
(1) The Corporation may, be resolution passed in this behalf, exempt either wholly or in part from the payment of any tax levied under this Act, any class of persons or any class of property or goods.
(2) The Corporation may also exempt, in whole or in part for any period not exceeding one year from the payment of any 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 may be necessary.
(1) The Government 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 or description of property.
(2) If at any time it appears to the 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 Corporation to take within a specified period measures to remove the objection, and, if within that period the requirement is not complied with to the satisfaction of the Government, the Government may by notification suspend the levy of the tax or of such part thereof until the objection has been removed.
The Corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of any immovable property vested in it or proposed to be acquired by it or of all or any of the taxes, rates, cesses, fees and charges authorised by or under this Act any sums of money which may be required-
The time for the repayment of any money borrowed under section 158 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Government, extent beyond the unexpired portion of the period for which such previous loan was sanctioned.
All debentures issued under this Chapter shall be in such form as the Corporation may, with the previous sanction of the Government, determine and shall be transferable in such manner as shall be therein expressed; and the right to sue in respect of the moneys secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.
When any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, then, notwithstanding anything in Section 45 of the Indian Contract Act, 1872, the debenture or security shall be payable to the survivors of such person :
Provided that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.
When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectul receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Corporation by the order of such persons.
(1) The Corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in public securities and every such investment shall be reported by the Commissioner to the Corporation within fifteen days.
(3) All individends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested into manner laid down in sub-section (2).
(4) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed.
A sinking fund or any part thereof shall be applied in or towards the discharge of the loan or a part of the loan for which such fund was created, and until such loan or part is wholly discharged shall not be applied for any other purpose.
(1) The Commissioner shall, at the end of every year, submit to the Corporation a statement showing -
(2) A copy of every such statement shall also be submitted to the Government.
All payment due from the Corporation for interest on and repayment of loans shall be made in priority to all other payments due from the Corporation.
(1) If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Government may attach the Corporation Fund or any part thereof.
(2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any municipal authority, officer or other employee might have done if such attachment had not taken place, and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings :
Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the fund before any pa
The Corporation may make regulations to carry out the purposes of this Chapter including, in particular, the issue of duplicate in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations.
(1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the City, shall vest in and be under the control of the Corporation, and with all other property, which vests in the Corporation by virtue of the provisions of this Act or any other law for the time being in force, shall be held and applied by it for the purposes of this Act, that is it say -
Whenever the Corporation decides to acquire any immovable property, for the purpose of this Act, the Commissioner shall acquire such property on behalf of the Corporation by agreement on such terms and at such price as may be approved by the Corporation.
Whenever the Commissioner is unable to acquire any immovable property, under Section 170 by agreement, the Government may at the request of the Commissioner acquire the same under the provisions of the Land Acquisition Act, 1894, and on payment by the Corporation of the compensation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, the land shall vest in the Corporation.
With respect to the disposal of property belonging to the Corporation, the following provisions shall have effect, namely :-
Subject to the provisions of Sections 174 and 175, the Corporation shall be competent to enter into and perform any contract necessary for the purposes of this Act.
With respect to the making of contracts, the following provisions shall have effect, namely :-
(1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Corporation.
(1) There shall be kept in such manner and in such form as may be prescribed by regulations accounts of receipts and expenditure of the Corporation.
(2) The Examiner, Local Fund Accounts, Punjab, shall conduct day to day examination and audit of the Corporation accounts and shall furnish a monthly report thereon to the Corporation who shall publish monthly an abstract of the receipt and expenditure of the month last preceding, signed by the Mayor or in his absence by the Senior Deputy Mayor or in the absence of both by the Deputy Mayor and by the Examiner, Local Fund Accounts, Punjab.
(3) For the purpose of examination and audit of the Corporation accounts the Examiner, Local Fund Accounts, Punjab shall have access to all the Corporation accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the Examiner, Local Fund Accounts, Punjab, any explanation concerning any receipts or expenditure which they may call for.
(1) The Examiner, Local Fund Accounts, Punjab shall-
(2) On receipt of the report under sub-section (1) the Corporation shall take such action thereon as may be deemed necessary.
(3) As soon as may be after the commencement of each year the Examiner, Local Fund Accounts, Punjab, shall deliver to the Corporation, a report of the entire Corporation accounts for the previous year.
(4) The Commissioner shall cause the said report be the printed and shall forward as soon as may be a printed copy thereof to each councillor.
(1) The Commissioner shall, as soon as may be, remedy defects or irregularities, if any, pointed out in the said report and shall also forward without delay to the Government so many copies of the said report as may be required by the Government with a brief statement of the action, if any, taken or proposed to be taken thereon.
(2) If there is a difference of opinion between the Examiner, local Fund Accounts, Punjab and the Commissioner or if the Commissioner does not remedy the defects or irregularities pointed out in the report within a reasonable period the Examiner shall refer the matter to the Government whose decision shall be final and binding.
(1) The Examiner, Local Fund Accounts, Punjab shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him.
(2) In the discharge of his functions under this section the Examiner, Local Fund Accounts, Punjab, shall-
(3) The Examiner, Local Fund Accounts, Punjab shall examine and audit the statement of accounts relating to the commercial services conducted
(1) The Examiner, Local Fund Accounts, Punjab, may make such queries and observations in relation to and of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts, as he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Examiner, Local Fund Accounts, Punjab.
(3) The powers of the Examiner, Local Funds Accounts, Punjab, with regard to the disapproval of, and the procedure with regard to the settlement of objections to the expenditure from the revenues of the Corporation shall be such as may be prescribed in consultation with the Examiner, Local Fund Accounts, Punjab and the Corporation.
(4) If the Examiner, Local Fund Accounts, Punjab, considers it desirable that t
In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below namely :-
The Government may require the Corporation to -
If the Corporation is of opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or without the local limits of the Corporation and for the acquisition of additional properties for such works.
(1) It shall be the duty of the Corporation to take steps from time to time-
(1) The Commissioner may, on application by the owner of any building, arrange for supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary.
(2) No additional charge shall be payable in respect of such supply in any Corporation 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 any other Corporation for all water supplied under this section payment shall be made at such rate as may be fixed by the Government.
Explanation.-A supply of water for domestic purpose shall not be deemed to include a supply-
(1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation on receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed.
(2) The Commissioner may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply of water for domestic purposes.
(1) Where an application under section 185 or section 186 has been received, all necessary communication pipes and fitting shall be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner; but the cost of making any such connection and of all communication pipes and fitting so supplied and of all works so executed, shall be paid by the owner or the person making such application. The Corporation may either provide a meter and charge rent for the same or may requite 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 Commissioner 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 his supervision and inspection all the work of laying and applying such commun
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 185 or section 186, 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 Corporation may appoint in this behalf.
If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable, under section 185 or section 186 when due, or to give notice as provided in the last preceding section or willfully or negligently misuses or causes waste of water, the corporation may cut off the supply of water from the said premises.
It shall not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the City, in respect of which the Commissioner has given public notice under clause (b) of sub-section (1) of section 92 to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of, the premises such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in such premises for their domestic purposes.
(1) The Commissioner, with the approval of the Corporation, may provide gratuitous supply of wholesome water to the public within the City and may, for that purpose, erect public hydrants or other conveniences.
(2) The Commissioner, may, with like approval, close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public.
(1) The Commissioner may lay a main whether within or without the local limits of the Corporation-
and may, from time, inspect, repair, alter or renew or may at any time remove any main so laid whether by virtue of this section or otherwise:
Provided that where a consent required for the purpose of this sub-section is withheld, the Commissioner may, after giving the owner or occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent.
(2) Where the Commissioner, in exercise of the powers under this section lays a main in, over or on any land not forming part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that l
(1) The Commissioner may, in any street, whether within or without the local limits of the Corporation, lay such service pipes with such stopcocks and other water fitting as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land not forming part of a street, the Commissioner may from time to time enter upon that land and inspect, repair, alter, renew or remove the pipe or lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action.
(1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant.
(2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant.
(3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary.
(4) The Commissioner may, at the request and expense of the owner or occupier of any factory, workshop, trade premises or place of business, situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order and f
The owner of every premises connected with the municipal water works shall, when so required by the Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the topmost storey of such premises.
The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset; enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination.
The Commissioner may test any water fitting used in connection with water supplied by the Corporation.
(1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or is likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order, direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation.
(3) If the person to whom an
(1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six meters of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted: and no well or tank and except with the consent of the Commissioner, no cistern shall be constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted.
If any offence relating to water supply is committed under this Act on any premises connected with the municipal water works, the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severely liable for such offence.
(1) All public drains, all drains in, alongside or under any public street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise, and all works, material and things appertaining thereto, which are situated in the City shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as municipal drains.
(3) For the purposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work so much of the sub-soil appertaining thereto as may be necessary for the said purposes shall be deemed also to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drainage works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether-
(1) All municipal drains all sewage disposal works and works, materials and things appertaining thereto shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal.
(1) No person shall throw, empty, or turn into any municipal drain or into any drain communicating with a municipal drain-
(2) In this section, the expression "dangerous petroleum" has the same meaning as in the Petroleum Act, 1934.
(1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the City may apply to the Commissioner to have his drain made to communicate with the municipal drains and thereby to discharge foul water and surface water from those premises or that private drain:
Provided that noting in this sub-section shall entitle any person-
(1) Where any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of fifth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any part of the said premises, he may, by written notice, require the owner of the said premises-
(1) It shall not be lawful to erect or to re-erect any premises in the City or to occupy any such premises unless-
(2) The drain so constructed shall empty into a municipal drain situated at a distance of not exceeding thirty metres from the premises; but if no municipal drain is situated within that distance then such drain shall empty into a cesspool situated within that dista
(1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a municipal drain of sufficient size already exists or is about to be constructed within thirty metres of any part of that group or block of premises, the Commissioner may cause that group or block of premises to be drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section (1) in respect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner-
Where a drain connecting any premises with a municipal drain is sufficient for the effectual drainage of such premises and is otherwise unobjectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the City, he may, by written notice addressed to the owner of the premises, direct-
Provided that-
(1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into a municipal drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to-
Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.
For the purpose of efficient drainage of any premises, the Commissioner may by notice in writing-
The Commissioner 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 consider suitable:
Provided that no place which has been not before the commencement of this Act used for any of the purposes specified in this section shall after such commencement be used therefor without the approval of the Corporation:
Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any watercourse until it has been so treated as not to effect prejudicially the purity and quality of the water into which it is discharged.
Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 202 or any water-works, constructed or maintained by, or vested in the Corporation.
(1) Without the written permission of the Commissioner no railway or private street shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water-works constructed or maintained by, or vested in, the Corporation.
(2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission of the Commissioner, the Commissioner may remove or otherwise deal with the same as he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act.
(1) The Commissioner may place and maintain aqueducts, conduits and lines of mains or pipes or drains over, under, along or across any immovable property whether within or without the local limits of the City, without acquiring the same, and may at any time for the purpose of examining, repairing, altering or removing any aqueducts, conduits or lives of mains or pipes, or drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along or across which the aqueducts, conduits or lines of mains or pipes or drains have been placed:
Provided that the Corporation shall not acquire any right other than a right of user in the property over, under, along or across which any aqueduct, conduit or line of mains or pipes, or drain is placed.
(2) The powers conferred by sub-section (1) shall not be exercisable in respect of any property vested in the Government or under the control, or management of the Government or railway administrati
(1) If it appears to the Commissioner that the only or most convenient means of water-supply to, and drainage of, any premises is by placing or carrying any pipe or drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place on carry such pipe or drain over, under, along or across such immovable property:
Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made:
Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub-section (1) the owner of the premises may, after giving reas
If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water-supply or drainage across any railway line it shall inform the railway administration who may execute the same at the cost of the Corporation.
(1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner may, in accordance with the provisions of this Act and of any bye-laws made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any such work shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work shall be payable by the person or persons enjoying such amenities and conveniences.
(3) The expenses referred to in sub-section (2) shall be recoverable from the person or persons liable thereof as an arrear of tax under this Act.
For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in accordance with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary.
(1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain is so defective as to admit sub-soil water; he may examine its condition and for that purposes may apply any test other than a test by water under pressure, and if he deems it necessary, open the ground.
(2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall as soon as possible reinstate any ground which has been opened by him and make good any damage done by him.
The Government may, for reasons to be recorded, direct that any specified work, repair,
(1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber :
Provided that if, in the opinion of the Commissioner, the work is of a trival nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.
(2) Every person who employees a licensed plumber to execute any work shall, when so required, furnish to the Commissioner the name of such plumber.
(3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every l
(1) No person shall -
(1) All streets within the City which are or at any time become public streets and the pavements, stones and other materials thereof shall vest in the Corporation.
(2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf.
(1) The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, matalled or paved, channelled, altered or repaired, and may widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered or may place and keep in repair fences and posts for the safety of foot-passengers :
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees, shall be undertaken by the Commissioner except with the previous sanction of the Corporation.
(2) With the previous sanction of the Corporation the Commissioner may permanently close the whole or any part of a public street :
Provided that before according such sanction the Corporation shall by notice published in the manner specified by bye-laws give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections
Wnever any public street or a part thereof is permanently closed under sub-section (2) of section 225 the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation.
The Commissioner may, at any time with the previous sanction of the Corporation,-
The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(1) The Commissioner may-
Provided that the Commissioner shall not take action without the
Subject to the provisions contained in Chapter X, the Commissioner may-
(1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye-laws made in this behalf and may, with the previous sanction of the Corporation re-define at any time any such regular line :
Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed re-defined line of the street and shall consider all such suggestions or objections which may be made within one month from the date of the publication of the said notice :
Provided further that the regular line of any public street operative under any law in force in any part of the City immediately before the commencement of this Act, shall be deemed to be a line defined by the Commissioner under this sub-section.
(2) The line for the time being defined or re-defined shall be called the regular line o
(1) If any part of a building abutting on a public street is within the regular line of that street, the Commissioner may, whenever it is proposed-
by any order which he issues concerning the additions to, rebuilding, construction, repair or alterations of, such building require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Commissioner may forthwith, take possession on
(1) Where any building or any part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or part thereof to the regular line of the street he may, by notice served on the owner in accordance with the provisions of this Act, require him to show cause within such period as may be specified in the notice as to why such building or part thereof which is within the regular line of the street should not be pulled down and the land within the regular line acquired by the Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by the sub-section (1), the Commissioner may with the approval of the Corporation, require the owner by another notice to be served on him in accordance with the provisions of this Act, to pull down the building or part thereof which is within the regular line of the street within such period as is specified in the notice.
(3) If within s
If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge, or fence or some other structural external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street the Commissioner may, after giving to the owner of the land or building not less than seven clear days, notice of his intention so to do, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof which is within the regular line of the public street, and, if necessary, clear the same and the land so acquired shall thereupon shall be deemed to be a part of public street shall vest in the Corporation.<
(1) Where a land or building is partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under Section 236.
The Commissioner may, upon such terms as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation, by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction.
Explanation - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed a sufficient compliance with permission or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line.
(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under the provisions of Sections 232, 233 and 234 for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of any order made by the Commissioner:
Provided that-
(2) If, in consequence of any order to set forward a building made by th
If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of buildings thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street.
(1) Before utilising, selling or otherwise dealing with any land under Section 238, the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following particulars, namely:-
(2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of buildings abutt
(1) If any person lays out or makes any street referred to in Section 239 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender be prosecuted under this Act, by notice-
(2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner why such street should not be so altered or demolished, the Commissioner m
(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or part and the owners of the lands and buildings fronting or abutting on such street or part to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrear of tax under this Act.
(1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of Section 241, the Commissioner may, and on the requisition of the majority of the owners referred to in sub-section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation.
(2) The Commissioner may at any time, by notice fixed up in any street or part thereof not maintainable by the Corporation, give intimation of his 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 the several owners of such street or such part of a street lodge objection thereto at the Corporation office, the Commissioner may, by notice in writing, put up in such street or such part, declare the same to be a public street vested in the Corporation.
(1) Except as provided in Section 244, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture which will-
(2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to, or placed against, or in front of the said premises in contravention of this section.
(3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit
(1) The Commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building on any street-
Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner of occupier of any building to remove a verandah, balcony, sunshade, weather frame or the like put up in accordance with the provisions of any law and such owner or occupier shall be bound to take action accordingly but shall be
The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Commissioner granted in this behalf, erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain well or tank in any street so as to form an obstruction to, or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank.
(2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of Section 2
(1) No person shall, in way encroach upon any land, premises or public place, not being private property, whether such land, premises or public place belongs to or vests in a Corporation or not, by raising a temporary or permanent structure thereon or by occupation thereon, in any manner.
Explanation. - Parking of Rehri temporarily or setting up steps for providing passage to the houses and shops in a street or a drain, channel, well or tank passing through or by the side of land, premises or public place shall not be construed encroachment within the meaning of this section.
(2) The Commissioner or any officer authorised by him in this behalf shall have power to remove any encroachment within the meaning of sub-section (1), 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 of this section the Commissioner or the officer authorised by him in this
Notwithstanding anything contained in Sections 236, 243 or 244 or in clause (5) of Part ‘C’ of Section 399 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government-
The Commissioner may, without notice, cause to be removed-
(1) No person shall tether any animal or cause or permit the same to be tethered in any public street.
(2) No person shall milk or cause or permit to be milked any cow or buffalo in any street.
(3) Any animal tethered or any cow or buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle-trespass Act, 1871.
(1) The Commissioner shall, so far as, is praticable during the construction or repair of any public street, or any municipal drain or any premises vested in the Corporation -
(2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night which under construction or repair.
(3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed.
(4) No person
(1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall, without the written permission of the Commissioner -
(2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted.
(3) The Com
(1) Any of the things caused to be removed by the Commissioner under this chapter shall unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by the Commissioner by public auction or in such other manner and within such time as the Commissioner thinks fit.
(2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any shall be paid to the owner of the things sold on a claim being made therefor within a period of one year from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation.
(1) The Commissioner may -
(2) No person shall destroy, remove deface or in any way injure or alter such name or number or sub-number or put up or paint any name or number or sub-number diffe
(1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising thereform.
(2) The Commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrea
The Commissioner shall -
(1) No person shall, without lawful authority, take away wilfully, negligently break or throw down or damage-
(2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks or causes any damage to, any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected under this Act, pay the expenses of repairing the damage so done by him.
In this chapter, unless the context otherwise requires, the expression "to erect a building" means -
No person shall erect or commence to erect any building, or execute any of the works specified in section 260 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works.
(1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans may be so prescribed.
(1) Every person who intends to execute any of the following works, that is to say -
(1) A person giving the notice required by section 259 shall specify the purpose for which it is intended to use the building to which such notice relates; and a person giving the notice required by section 260 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner along with the notice.
(1) The Commissioner shall sanction the erection of a building or the execution of a work, unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 266.
(2) The grounds on which the sanction of a building or work may be refused shall be the following, namely -
(1) Where within a period of sixty days, or in cases falling under clause (b) of section 257 within a period of thirty days, after the receipt of any notice under section 259 or section 260 or of the further information, if any, required under section 261, the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and the person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same :
Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street of extension, improvement, widening or
If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 259, 260 and 261, he may by order in writing cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction:
Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made.
The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and to such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity.
(1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled, and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction.
(2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act or any other law for the time being in force.
The Commissioner, when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified, it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made therefor has allowed an extension of that period.
In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner, nor shall any such roof, verandah, pandal, wall, shed or fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf.
(1) Where the erection of any building or execution of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 262 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act or bye-laws made thereunder, the Commissioner may, in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than three days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition :
Provided that no order of demolition shall be made unless the person has been given by means of a notice serve
(1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 262 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, by order require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith.
(2) If an order made by the Commissioner under section 269 or under sub-section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such polic
(1) Commissioner may at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 262 or is in contravention of any condition of such sanction or any of the provisions of this Act or any bye-law made thereunder and require the person who gave the notice under section 259 or section 260 or the owner of such building or work either -
(2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in t
(1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act :
Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant su
(1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission -
(2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owne
(1) The Commissioner may by order in writing direct that any building which in his opinion is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 272 be vacated forthwith or within such period as may be specified in the order :
Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has vacated, or been removed from any building in pursuance of an order made by him, reinstate such person in the building on the expiry of the period for which the order has been in force according to the circumstances prevailing at that time permi
(1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, drawn up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :-
(1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall provide -
(2) The Commissioner may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of.
All matters deposited in public receptacles, depots and places provided or appointed under section 278 and all matters collected by Corporation employees or contractors in pursuance of section 276 and section 281 shall be the property of the Corporation.
(1) The Commissioner shall -
(2) Different receptacles, depots or places may be provided or appointed for the temporary deposit or final disposal of any of the matters specified in sub-section (1).
(3) The Commissioner shall make adequate provision for preventing receptacles, depots, places, dustbins, vehicles and vessels referred to in sub-section (1) from becoming sources of nuisance.
It shall be the duty of the owners and occupiers of all premises -
It shall be duty of the owners and occupier of every premises situate in any portion of the City in which latrines or urinals are not connected by a drain with a municipal drain, to cause all filth and polluted and obnoxious matter accumulating upon such premises to be collected and removed to the nearest receptacle or depot provided for this purpose under section 278 at such times, in such vehicle or vessel, by such route and with such precautions as the Commissioner may by public notice prescribe.
(1) Where the Commissioner has given public notice in respect of any portion of the City that the collection, removal and disposal, of all filth and polluted and obnoxious matter from latrines, urinals and cesspools will be undertaken by Corporation agency, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such filth and polluted and obnoxious matter from all premises situated in that portion of the City.
(2) In such portion of the City and in any premises wherever situate in which there is a latrine or urinal connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner, to discharge any of the duties of scavengers.
The Commissioner may, if he thinks fit -
(1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish filth and other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from, or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine, or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to, or be thrown or put upon, any street or into any drain in or along the side of any street except in such manner
If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner may cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrears of tax under this Act.
(1) The Commissioner shall provide and maintain in proper and convenient places a sufficient number of public latrine and urinals.
(2) Such public latrines and urinals shall be so constructed as to provide separate compartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy, establishments, and shall regularly be cleansed and kept in proper order.
(1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Commissioner and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe.
(2) In prescribing any such terms the Commissioner may determine in each case-
(3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Commissioner may, after giving not less than ten days’ notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinals and the expenditure incurred by the Commissioner in so doing shall be recoverable from the owner or occupier as an arrears of tax
(1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and urinal accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as the Commissioner may prescribe.
(2) In prescribing any such accommodation the Commissioner may determine in each case -
(3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place
Every person employing workmen, labourers or other persons exceeding twenty in number shall provide and maintain for the separate use of persons of each sex so employed, latrines and urinals of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order.
The Commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other place of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines of such description and number and in such position as may be specified and to keep the same in clean and proper order.
The Commissioner may, by written notice -
(1) Where it appears to the Commissioner that any block of buildings is in unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer who shall make a report in writing to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Corporation select the buildings which in his opinion should wholly or in part be removed in order to abate the unhealthy condition of the block and may thereup
(1) Where the Commissioner upon information in his possession is satisfied that any buildings is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that
If a notice under section 292 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrears of tax under this Act.
(1) Where the Commissioner upon any information in his possession is satisfied that any building is in any respect unfit for human habitation and is not capable at a reasonable expense of being rendered fit, he may serve upon the owner of the building a notice calling upon him to show cause within a time to be specified in the notice, why an order of demolition of the building should not be made.
possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub- section (1), appears in pursuance thereof before the Commissioner and give
Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as a dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or upon a plinth of insufficient height or without proper means of drainage or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice.
(1) The Commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub- section (1).
Any person being in charge of, or in attendance whether as medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being the owner, lessee, or occupier of any building in which he knows that any such person is so suffering shall forthwith give information respecting the existence of such disease to the Corporation Health Officer.
When any person suffering from any dangerous disease is found to be-
Where the Commissioner is of the opinion that the cleansing and disinfection of any building or part of a building or of any articles in such building or part of which are likely to retain infection or the renewal or flooring of any building or part of such building, and the renewal or plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease ; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the case may be, or to renew the said flooring and if necessary, the said plastering also within such time as may be specified in the notice :
Provided that where in the opinion of the Commissioner the owner or occupier is from property or any other cause unable effectually to carry out any such requisition, the Commissioner may at the expense of the Corporation Fund cleanse and disinfect the building, part or articles, or, as the case may be, renew the flooring and if n
(1) Where the destruction of any hut or shed is in opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed after giving not less than six hours’ notice to the owner or occupier.
(3) Compensation may be paid by the Commissioner, in any case which he thinks fit, to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power
(1) The Commissioner shall-
(2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding or other article likely to retain infection and may give such compensation as he thinks fit for any article so destroyed.
(1) In the event of the City or any part thereof visited or threatened by an outbreak of any dangerous disease among the inhabitants thereto or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose, may, with the previous sanction of the Corporation :-
Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to the Corporation.
(2) No person shall commit a breach of any direction given under sub-section (1) and if he does
(1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washerman of their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Corporation Health Officer.
(2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Corporation Health Officer furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been, or will be, sent during the continuance of the disease for the purpose of being washed or cleansed.
(1) Whoever,-
shall be bound to take proper precautions against the communication of the disease to other person using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance and further report without delay to the Commissioner the number of the conveyance and the name of the person so noticed.
(2) Where any person suffering from, or the corpse of any person who had died from, a dangerous disease has been carried, in public conveyance which ordinarily plies in the City or any part thereof, the driver thereof, shall forthwith report the fact to the Commissioner who shall forthwith cause the conve
Notwithstanding anything contained in any law for the time being in force no owner, driver or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of the City any person suffering from a dangerous disease or the corpse of any person who has died from such disease unless and until such person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be incurred in disinfecting the conveyance.
(1) Where any building or part of a building is intended to be let in which any person has, within six weeks immediately proceeding, been suffering from a dangerous disease, the person letting the building or part shall, before doing so disinfect the same in such manner as the Commissioner may by general or special notice direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, hotel, lodging house or sarai shall be deemed to let a part of the building to any person accommodated in such hostel, hotel, lodging house or sarai, as the case may be.
No person shall, without previous disinfection of the same give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe has been exposed to contamination by any dangerous disease and is likely to be used in or taken into the City or any part thereof.
No person while suffering from, or in circumstances in which he is likely to spread any dangerous disease, shall,-
When the City or any part thereof is visited or threatened by an outbreak of any dangerous disease the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of flesh of any description of animals so specified.
(1) If the Commissioner is of opinion that the water in any well, tank or other place is likely, if used for drinking, to endanger, cause the spread of, any disease he may,-
(2) In the event of the City or any part thereof being visited or threatened by an outbreak of a dangerous disease the Corporation Health Officer or any person authorised by him in this behalf, may without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be taken for the purposes of drinking and may fu
No person shall,-
Where any person has died from any dangerous disease the Commissioner may by notice in writing-
(1) No person being a sweeper employed by the Corporation shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one month’s notice to the Commissioner or shall neglect or without reasonable cause refuse to preform his duties.
(2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety.
No sweeper, being employed for doing house scavenging of any building, shall discontinue to do such house scavenging without reasonable cause or without having given fourteen days’ notice to his employer.
The Commissioner may, by notice in writing, require the owner or person in charge of any burning or burial ground to supply such information as may be specified in the notice concerning the condition, management or position of such ground.
(1) No place which has not been used as a burning or burial before the commencement of this Act shall be so used without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any condition which the Commissioner may think fit to impose for the purpose of preventing any annoyance to or danger to the health of any person residing in the neighbourhood.
(1) Where the Commissioner, after making or causing to be made local enquiry, is of opinion that any burning or burial ground has become offensive to, or dangerous to the health of, persons residing in the neighbourhood, he may with the previous sanction of the Corporation, by notice in writing, require the owner or person incharge of such ground to close the same from such date as may be specified in the notice.
(2) No corpses shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section.
The Commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial ground.
(1) Whenever any animal in charge of any person dies, the person in charge thereof shall within twenty-four hours either-
(2) In respect of the disposal of the carcass of a dead animal under clause (b) of sub-section (1) the Commissioner may charge such fee as he may by public notice specify.
(1) The Corporation Health Officer shall be the Chief Registrar of births and deaths for the City and shall keep in such form as may be prescribed by bye-laws a register of all births and deaths occurring in the City.
(2) The Commissioner shall for the purposes of this Chapter appoint such number of persons to be registrars of births and deaths as he deems necessary and define the respective areas which shall be under the charge of such registrars.
The registrar shall keep himself informed of every birth or death occurring within the area under his charge and shall ascertain and register as soon as conveniently may be after the event, and without fee or reward such particulars in respect of every birth or death as may be prescribed by bye-laws made in this behalf.
(1) It shall be the duty of the father or mother of every child born in the City and in default of the father or mother, of any relation of the child living in the same premises, and in default of such relation, of the person having charge of the child to give to the best of his knowledge and belief to the registrar of the area concerned within eight days after such birth, information containing such particulars as may be prescribed by bye-laws made in this behalf.
(2) It shall be the duty of the nearest relation present at the time of the death or in attendance during the last illness of any person dying in the City and in default of such relation, of any person present or in attendance at the time of the death, and of the occupier of the premises in which to his knowledge the death took place and in default of the person hereinbefore mentioned, of each inmate of such premises and of the undertaker or other person causing the corpse of the deceased person to be disposed of,
(1) No person shall-
Where the Commissioner is of opinion that there is a nuisance on any land or building, he may, by notice in writing, require the person by whose act, default or sufference the nuisance arises or continues or the owner, lessee or occupier of the land or building, or any one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice.
(1) The Corporation may, by bye-laws made in this behalf-
(2) This Commissioner may
The Commissioner may by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable material or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice.
No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment.
No one shall discharge any fire arm or let off fire-works or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to person passing by or dwelling or working in the neighbourhood or risk of injury to property.
Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or excavation, or any bank or tree is, in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or part-owner or person claiming to be the owner or part-owner thereof or failing any of them the occupier thereof to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary ; and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same.
The Commissioner may, by notice in writing, require the owner or part-owner, or person claiming to by the owner or part-owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give a satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion a nuisance, to secure and enclose the same within such time as may be specified in the notice.
(1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughter-houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter-houses and may provide and maintain in any such markets, buildings and places machines, weights, scales and measures for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter-houses shall be under the control of the Commissioner who may at any time, by public notice, close any municipal market or slaughter-house or any part thereof.
(1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employee of the Corporation authorised by the Commissioner in this behalf.
(1) No place other than a municipal market shall be used as a market unless such place has been licensed as a market by the Commissioner.
(2) No place other than a municipal slaughter-houses shall be used as a slaughter-house :
Provided that nothing in this sub-section shall be deemed-
(1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence.
(4) A private market of which the licence has been suspended or cancelled as aforesaid shall be closed with effect from such date as may be specified in the order of suspension or cancellation.
(1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor, or while the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is suspended or cancelled the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language of languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates.
No person knowing that any market has been opened to the public without a licence having been obtained thereof when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market.
(1) No animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the Commissioner.
(2) Any person contravening the provision of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the orders of the Commissioner or any officer or employee of the Corporation appointed by him in this behalf.
The Commissioner, with the previous approval of the Corporation, may-
A copy of the table of stallages, rents and fees, if any chargeable in any municipal market or municipal slaughter house, and of the bye- laws made under this Act for the purpose of regulating the use of such market or slaughter- house printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughter-house.
The person in charge of a market shall prevent the entry therein of and shall expel therefrom, any person suffering from leprosy in whom the process of ulceration has commenced or from any dangerous disease, who sells or exposes for sale therein any article or who, not having purchased the same handles any article exposed for sale therein; and he may expel therefrom any person who is creating a disturbance therein.
(1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fish-monger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food :
Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in airtight or hermetically sealed receptacles.
(2) The Commissioner may, by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may, by order, refuse, for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence.
(4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section,
(1) No person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood.
(1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely-
Provided that the Corporation may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles shall be exempted from the operation of clause (d).
(1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provisions of Section 343, or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them shall be recoverable by sale by auction of these animals or birds :
Provided that anyone claiming such animal or birds may, within seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and wateri
(1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of Section 343, which may be specified in such notice.
(2) No objections to any such declaration shall be received after period of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard during such consideration, and may thereupon make a declaration in accordance with the notice published under sub- section (1), with such modification, if any, as he may think fit but not so as to extend its application.
(4) Every such declaration shall be published in the Official Gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the Official Gazette.
(5)
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf,-
(1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale.
(2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in confirmity with the conditions of such licence or with the provisions of any bye-law made in this behalf, whether the licensee is prosecuted under this Act or not.
No person shall without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement :
Provided that nothing in this section shall apply to private performances in any such place.
If the Commissioner is of opinion that any eating house, lodging house, hotel, boarding house tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema, house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise, than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary.
(1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale in any place or manner not duly authorised under this Act, he may, at any time by day or night without notice, inspect such places for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law made under this Act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
(2) The Commissioner may remove and sell by auction or other-wise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1).
(3) If within one month of such seizure the owner of the animal, carcass of flesh fails to appear and prove his claim to the satisfaction of the Commissioner or if the owner is convicted of an offence under t
Where the Commissioner upon information in his possession is satisfied as respects any area.
he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf.
(1) An improvement scheme may provide for all or any of the following matters, namely-
(1) Every improvement scheme shall as soon as may be after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with direction to the Commissioner to have a fresh scheme framed according to such directions.
(2) No Improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government.
(1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating -
(2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in Section 365.
The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereinafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme.
No improvement scheme or rehousing scheme framed under this Chapter after a development plan or the City or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.
(1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such license or written permission shall be signed by the Commissioner or by the officer empowered to grant the same under this Act or the bye-laws made thereunder or by any Corporation Officer authorised by the Commissioner or such officer in this behalf and shall specify in addition to any other matter required to be specified under any other provision of this Act or any provision of any bye-law made thereunder-
(2) Except as otherwise provided in this Act or any bye-law made t
The Commissioner or any Corporation officer or other Corporation employee authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter into or upon any land or building with or without assistants and workmen-
The Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter on any land within thirty-five metres of any work authorised by or under this Act with or without assistant and workman for the purpose of depositing thereon any soil, gravel, stone or other materials or for obtaining across to such work or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land, state the purpose thereof, and shall, if so required by the owner or occupier thereof fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of land or to both for any such damage, whether permanent or tempor
(1) It shall be lawful for the Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this Act, to make any entry into any place, and to open or cause to be opened any door, gate or other barrier-
(2) Before making any entry into any such place or opening or causing to be opened any such door, gate or other barrier, the Commissioner, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do.
(3) A report shall be made to the Corporation as soon as may be after any entry has been made int
Save as otherwise provided in this Act or any bye-law made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset.
Save as otherwise provided in this Act or any bye- laws made thereunder no land or building shall be entered without the consent of the occupier, or if there is no occupier, of the owner thereof and no such entry shall be made without giving the said owner or occupier, as the case may be, not less than twenty-four hours within notice of the intention to make such entry :
Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in Section 343 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder.
When any place used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious customs and usages of the occupants of the place entered and no apartment in the actual occupancy of a female shall be entered or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing.
No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or the Commissioner has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be.
Every public notice given under this Act or any bye-law made thereunder shall be in writing under the signature of the Commissioner or of any Corporation Officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspapers or by any two or more of these means and by any other means that the appropriate municipal authority may think fit.
Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspapers or that a notification or information shall be published in local newspapers such notice, notification or information shall be inserted if practicable, in at least three newspapers in such languages as the Corporation may from time to time specify in this behalf :
Provided that if the Corporation publishes a municipal journal a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published.
Where under this act or any rule, regulation or bye-law made thereunder the doing of, or the omission to do anything or the validity of anything depends upon the approval, sanction, consent ; concurrence, declaration, opinion or satisfaction of the Commissioner or of any Corporation officer, a written document signed by the Commissioner or officer purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
Where any notice, bill order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye- law, the notice, bill, order or requisition shall specify a reasonable time for doing the same.
Every licence, written permission, notice, bill, summons or order document which is required by this Act or any rule, regulation or bye-law made thereunder to bear the signature of the Commissioner or of any Corporation officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Corporation Fund under Section 78 and such other classes of documents as may be prescribed.
All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-laws made thereunder to be served upon or issued to, any person, shall be served or issued by municipal officers or other Corporation employees or by other persons authorised by the Commissioner.
Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye law made thereunder to be served or issued by or on behalf of the Corporation or by the Commissioner or any Corporation officer, on any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served-
Notwithstanding anything contained in Sections 370 and 371 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to the appropriate person specified in Section 371 at his last known place of residence or business and in proving the service of every bill or notice so sent it shall be sufficient to prove that the matter was properly addressed and posted under a certificate of posting.
In the event of a non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-law made thereunder, requiring such person to execute any work or to do any act it shall be lawful for the authority or officer at whose instance the notice, order or requisition has been issued, whether or not the person in default is liable to punishment of such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to the Commissioner or demand and if not paid within ten days after such demand, shall be recoverable as an arr
(1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner the authority or officer at whose instance such notice order or requisition has been issued may require the occupier of such property or of any part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property, as it falls due up to the amount recoverable from the owner under Section 373 :
Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under Section 373 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner under sub-section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid by the owner.
Whenever the owner of any land or buildings fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in the execution of the work and may deduct the amount thereof from the rent payable by him to the owner.
(1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee would be bound to discharge any obligation imposed by this Act, or any rule, bye-law, regulation or order made under it 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, funds in his hands belonging to the owner sufficient for the purpose.
(2) The burden of proving any fact entitling a receiver, agent or trustee to relief unde, sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him, to apply to the discharge of his obligations as aforesaid the first moneys which may come to his hands to behalf, or for the use, of the owner and on failure to comply with the notice, he shall be deemed to be personally l
(1) In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee.
(1) Any person who has been convicted of an offence against this Act or any bye law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him; be determined by the Magistrate before whom the said person was convicted of the said offence ; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor.
If, when the Commissioner demands payments of any expenses referred to in Section 373 his right to demand the same of the amount or the demand is disputed within ten days after such demand, the Commissioner shall refer the case for determination to the court of the District Judge.
(1) Wherein any case not provided for by Section 379, the Corporation or the Commissioner or any Corporation Officer or other Corporation employee is required by this Act or by any bye-law made thereunder to pay any expenses or any compensation, the amount to be so paid and, if necessary, the apportionment of the same, shall, in case of dispute be determined by the court of the District Judge on application having been made to it for this purpose at any time within one year from the date when such expenses or compensation first became claimable.
(2) If the amount of any expenses or compensation ascertained in accordance with sub-section (1) is not paid by the person liable therefor on demand, it shall be recoverable as if the same were due under a decree passed by the court of the District Judge in an original suit tried by it.
Instead of proceeding in the manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due or the balance of the sum due, as the case may be recovered by a suit brought against the person liable for the same in any court of competent jurisdiction.
In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Corporation on account of any charges, costs, expenses, fees rates or rent or on any other account under this Act or any such bye- law may be recoverable from any person from whom such sum is due as an arrear of tax under this Act :
Provided that no proceedings for the recovery of any sum under this section shall be commenced after the expiry of three years from the date on which such sum become due.
(1) The owner of any land or building may if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the District Judge ; and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requistion the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed.
(2) The court on receipt of such application, may make a written order requiring the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition any may also, if it thinks fit direct that the costs of such application and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section (2), the occupi
The procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall be followed, as far as it can be made aplicable, in the disposal of applications, appeals or references that may be made to the court of the District Judge under this Act or any bye-law made thereunder.
(1) The Government may, by notification in Official Gazette, prescribe what fee shall be paid -
Provided that the fee, if any prescribed under clause (a) shall not in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fees liable for the time being under the provisiors of the Court-fees Act, 1870, in cases in which the amount of the claim or subject matter is of a like amount.
(2) The Government may, be like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1), shall be payable.
(3) No application, appeal or reference shall be received by the court of
Whenever an application, appeal or reference made under this Act or any bye-law made thereunder to the court of the District Judge is settled by agreement between the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the court to the parties by whom the same have respectively been paid.
The court of the District Judge may -
Whoever -
Any councillor who knowingly acquires directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation not being a share or interest such as under section 13 it is permissible for a Councillor to have without being thereby disqualified for being a Councillor or any Corporation officer or other Corporation employee who knowingly acquires, directly or indirectly, any share or interest in any contract made with, or any work done for, the Corporation, not being a share or interest such or under clause (i) of sub-section (1) of section 13 or sub- clauses (ii) and (iii) of clause (c) of sub-section (2) of that section it is permissible for a Councillor to have, without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable under section 168 of the Indian Penal Code.
Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provision thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable without fine which may extend to one hundred rupees, and in the case of a continuing failure of contravention with an additional fine which may extend to twenty rupees for every day after the first during which he has persisted in the failure or contravention.
(1) Where an offence under this Act has been committed by a company, every person who, at the time of offence was committed, was incharge of and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that offence has been committed with the consent or connivance of or is attributable to any neglect on the part of, any director, manager secretary or other officer of the company, such director, manager
(1) Every Corporation shall, unless relieved of this obligation by the Government, maintain a sufficient police establishment for police requirements within the City and for the performance of the duties imposed on it by this Act.
(2) The establishment maintained under sub-section (1) shall consist of part of the general police force under the Government within the meaning of section 2 of the Police Act, 1961 and shall consist of such number of officers and men who shall repectively receive such pay, leave, allowances, gratuities and pensions as the Corporation may from time to time after consulation with the Inspector General of Police, and subject to the final decision of the Government direct.
(3) The Government may relieve any Corporation of the whole or part of the cost of the police establishment, and may enter into a contract with the Corporation on such terms as may be agreed on, that, in consideration of such relief, the corporation shall pay periodically a s
(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if -
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such magistrate.
(3) It shall be the duty of all police officers to give immediate information to the Commissioner or any other appropriate Corporation officer of the commission of, or the attempt, to commit any offence against this Act or any rule, regulation or bye-law ma
The Commissioner may -
Save as otherwise provided in this Act, no court shall try any offence may punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, the Executive Officer, the Medical Officer of Health, the Municipal Engineer (Electricity) or any other officer of the Corporation authorised by it in this behalf.
(1) The Commissioner, the Executive, Officer, the Medical Officer of Health, the Municipal Engineer (Electricity) or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act, or any rule or any bye-law made thereunder :
Provided that no offence shall be compoundable which is committed by failure to comply with a notice, order or requisition issued by or on behalf of any of the municipal authorities specified in section 46 unless and until the same has been complied with so far as the compliance is possible.
(2) Where an offence has compounded, the offender, if in custody, shall be discharged and no further proceeding shall be taken against him in respect of the offence so compounded.
No suit or prosecution shall be entertained in any court against the Corporation or against the Commissioner or against any Corporation officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation officer or other Corporation employee, for anything which is in good faith done or intended to be done, under this act or any rule, regulation or bye-law made thereunder.
(1) No suit shall be instituted against the Corporation or against the Commissioner or against any Corporation officer or other Corporation employee or against any person acting under the order or direction of the Corporation or the Commissioner or any Corporation officer or other Corporation employee in respect of any act done, or purporing to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the Corporation office and, in the case of such officer, employee or person unless notice in writing has also been delivered to him or left at his office or place or residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of residence of the intending plaintiff, and unless the plaint contains a statement that such notice has been so left or delivered.
(2) No sui
(1) Any rule which the Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one hundered rupees.
(2) Every rule made under this Act shall be laid as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees in making any modification in the rule or House agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
(1) Any regulation which may be made by the Corporation under this Act, may be made by the Government within one year of the establishment of the Corporation; and any regulation so made may be altered or rescinded by the Corporation in the exercise of its powers under this Act.
(2) No regulation made by the Corporation under this Act shall have effect until it has been approved by the Government and published in the Official Gazette.
(1) Subject to the provisions of this Act the Corporation may in addition to any bye-laws which it is empowered to make by any other provision of this Act, make bye-laws to provide for all or any of the following matters, namely :-
A. Bye-laws relating to taxation. -
(1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable -
(2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief if any, caused by such contravention.
(1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and in the case of such bye-laws being made by the Corporation of their not taking effect until they have been approved by the Government and published in the Official Gazette.
(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect.
(1) A copy of all bye-laws made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any inhabitant of the City.
(2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser.
The Government may at any time require the Commissioner -
The Government may depute any of its officers to inspect or examine any municipal department or office or any service or work undertaken by the Corporation or any of the municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every municipal authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties.
If, whether on receipt of any information or report obtained under section 403 or 404 or otherwise, the Government is of opinion -
it may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provision to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction :
Provided that, unless in the opinion of the Government the immediate execution of such order is necessary, it shall, before making any direction under this section, give the Corpora
If, within the period fixed by a direction made under sub-section (1) of section 405, any action the taking of which has been directed under that sub-section has not been duly taken, the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund.
(1) If in the opinion of the Government, a Corporation 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 Government may, by an order published, alongwith the reasons therefor, in the Official Gazette, dissolve such Corporation :
Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.
(2) When a Municipal Corporation is dissolved under sub-section (1), -
(1) All powers and duties of the Corporation may, till it remains dissolved and is reconstituted, or in the case of a Corporation constituted after the commencement of the Punjab Municipal Corporation (Amendment) Act, 1994, under sub-section (4) of section 7, shall be exercised and performed by such person or authority as the Government may appoint in this behalf.
(2) All properties vested in the Corporation shall till the Corporation remains dissolved and is reconstituted, shall vest in and devolve upon the Government.
(1) The Government may, by notification, delegate all or any of its powers under this Act, except the power to make rules, 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.
(2) The Commissioner may by order direct that any power conferred or any duty imposed on him by or under this Act shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed also by any Corporation Officer or other Corporation employee specified in the order.
No notice, order, requisition, licence, permission in writing or any other document issued under this Act shall be invalid merely by reason of defect of form.
A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any municipal authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent to which, the original document or entry would, if produced, have been admissible to prove such matters and transactions.
No Corporation officer or other Corporation employee shall, in any legal proceedings to which the Corporation is not a party, be required to produce any register or document the contents of which can be proved under section 410 by a certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause.
No person shall obstruct or molest the Corporation or the Commissioner, the Mayor or any of the Deputy Mayors, any Councillor or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule regulation or bye-law made thereunder.
No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder.
No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited by or under orders of the Corporation or any municipal authority or any Corporation officer or other Corporation employee specified by the Commissioner in this behalf.
No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment from, in, or any land vested in the Corporation or in any way obstruct the same.
(1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a Corporation, if such loss, waste or misapplication is reported by the Examiner, Local Fund Accounts, Punjab to be a direct consequence of his neglect or misconduct in the performance of his duties as a councillor; and he may after being given an opportunity, by notice served in the manner provided for the service of summonses in the Code of Civil Procedure, 1908, 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 Divisional Commissioner, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Divisional Commissioner shall proceed forthwith to recover the amount as if it were an arrear of land revenue, and have it credited to the Corporatio
Every Councillor, the Commissioner, and every Corporation Officer and other Corporation employees shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, and in the definition of ''Legal remuneration'' in section 161 of that Code the word ''Government'' shall for the purpose of this section, be deemed to include the Corporation.
(1) As soon as may be after the 1st day of April, in every year and not later than such date as may be fixed by the Government in this behalf, the Corporation shall submit to the Government a detailed report of the municipal government of the City during the preceding year in such form as the Government may direct.
(2) The Commissioner shall prepare such report and the Corporation shall consider it and forward the same to the Government with its resolution thereon, if any,
(3) Copies of the report shall be kept for sale at the Corporation office.
Save as provided in this Act nothing contained in this Act shall be construed as authorising the disregard by the Corporation or the Commissioner or any Corporation officer or other Corporation employee of any law for the time being in force.
Save as expressly provided in this Act and unless the context otherwise requires, after the establishment of the Corporation any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any local authority having jurisdiction in the City or any part thereof shall, unless the context or subject otherwise requires, be construed as reference to the Corporation.
Notwithstanding anything contained in the foregoing provisions of this Act, -
If the Government is of the opinion that the execution of any resolution or order of the Corporation or of any other Municipal authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or to cause injury or annoyance to the public or to any class or body of persons, the Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.
The Govt. may by written order, annual or omit from the records any proceedings of the Corporation which it considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conformity:
Provided that, unless in the opinion of the Government the immediate making of such order is necessary, it shall before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made.
(1) The Government may, by notification, withdraw from the operation of this Act the area of any City constituted thereunder :
Provided that no such notification shall be issued unless the same has been published for inviting objections and the objections, if any, have been duly considered.
(3) When a notification is issued under this section in relation to any City, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the said area; the balance of the Corporation Fund and all other property at the time of the issue of the notification vested in the Corporation shall vest in the Government and the liabilities of the Corporation shall stand transfered to the Government.
In any enactment other than the Punjab Municipal Act, 1911 in force on the date immediately preceding the appointed day in the City or in any rule, order or notification made or issued thereunder and in force on such date in the said City unless a different intention appears-
All sums due to the municipal committee or local authority for the area which has been constituted a City or which has been included in a city, whether on account of any tax or any other account, shall be recoverable by the Commissioner of the Corporation and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the said municipal committee or local authority to take or institute, if this act had not come into operation and the said area had not been constituted to be a City or included in a City, as the case may be.
(1) All assets and properties vesting in, all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of, the municipal committee or local authority for the area which has been constituted to be a City or which has been included in a City and subsisting on the day on which it is so constituted or included shall, in so far as they relate to the area so constituted or included, be deemed to have been vested in, to have been incurred and made by, the Corporation and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said municipal committee or local authority on the said day which under the provisions of this Act are required to be instituted before or undertaken by the Commissioner shall be transferred to and continued by him and all other such proceedings shall, in so far may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the pro
Save as expressly provided otherwise in this Act,-
Any reference in the foregoing sections to a municipal committee or a local authority shall, in case such municipal committee or a local authority has been superseded or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipal committee or local authority under any law relating to such municipal committee or local authority.
If any difficulty arises in giving effect to the provisions of this Act or by reason of anything contained in this Act to any other enactment for the time being in force, the Government may, as occasion requires by order direct that this Act shall during such period as may be specified in the order but not extending beyond the expiry of two years from the appointed day have effect subject to such adaptations whether by way of modification, addition or omissions as it may deem to be necessary and expedient.
The Punjab Municipal Act, 1911, the Punjab Municipal (Executive Officers) Act, 1931, the Punjab Gram Panchayat Act, 1952 and the Punjab Panchayat Samitis and Zila Parishads Act, 1961, shall stand repealed in the area constituted to be a City or included in a City with effect from the day on which it is so constituted or included.
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