[Act 18 of 1864]????? [24th March, 1864] Repealed by Act, 15 of 1873 Passed by the Governor-General of India in Council. (Received the assent of the Governor-General on the
24th March 1864.) An Act to provide for the appointment of a Municipal Committee for the
City of Lucknow. Whereas it is expedient to make provision
for the appointment of a Municipal Committee for the City of Lucknow, and for
levying duties on certain articles brought within the limits of the said City
for consumption there, and generally for the regulation of all matters relating
to the conservancy and improvement of the said City; It is enacted as follows:- On and after such
date as the Chief Commissioner of Oudh shall order, there shall be a Committee
for the purposes of this Act, which shall be called ?The Municipal Committee of
the City of Lucknow.? The said Committee shall consist of twenty-five Members,
of whom six shall be ex-officio Members. The persons for the
time being filling the following Offices shall respectively be ex-officio Members of the
Municipal Committee. That is to say, the persons filling the Offices of- Commissioner of
Lucknow, Deputy
Commissioner of Lucknow, Inspector General
of Police in Oudh, Civil Surgeon of
Lucknow, Executive Engineer
of Lucknow, City Magistrate of
Lucknow. Non-official
Members to be elected annually.- The
Non-official Members of the said Committee shall be elected annually by and
from amongst the inhabitants of the City, and shall hold office for one year
only, but shall be eligible for re-election. The Chief
Commissioner of Oudh shall from time to time declare what shall be deemed to be
the limits of the City of Lucknow for the purposes of this Act. He shall also
declare who are, for the purposes of the last preceding Section, to be deemed
inhabitants of the said City, and shall lay down rules fixing the times when
the election of the Non-official Members of the Committee shall take place, and
regulating the manner in which the elections shall be conducted: The
appointment of every Non-official Member shall be subject to the approval of
the Chief Commissioner, and in the event of any person elected not being
approved of by him, the inhabitants shall proceed forthwith to elect another
person in his stead. It shall be lawful
for the Chief Commissioner to remove from office any Non-official Member of the
Committee; and in the event of any such Member being so removed, it shall be in
the discretion of the Chief Commissioner to determine whether or not any person
shall be elected to supply his place for the unexpired portion of the year for
which such Member was elected. It shall be lawful
for the Chief Commissioner at any time with the sanction of the
Governor-General of India in Council to suspend or limit the powers or any of
the powers of the Committee. The Commissioner
of Lucknow for the time being shall be the President of the Committee; the
Deputy Commissioner of Lucknow shall be the Vice-President, and the City Magistrate
of Lucknow shall be the Secretary. The Municipal
Committee, so far as the funds at their disposal will permit, shall keep the
streets, drains, and tanks of the City properly cleansed and repaired, and
shall cause the said streets or such of them as may to them seem proper, to be
lighted, and may construct new streets, drains, and tanks, and generally may do
all acts and things necessary to the conservancy and improvement of the City so
far as such acts and things be not repugnant to or inconsistent with the
provisions of this or any other Law. It shall be lawful
for the Municipal Committee from time to time to enter into all necessary
contracts for the purposes of this Act. Such contracts, if in writing, shall be
signed by the Secretary and at least three Members of the Committee, and if any
such contract be not reduced to writing, it shall be made with the Secretary.
No contract made otherwise than as herein declared shall be in any way binding
on the Committee, and no contract involving an expenditure of more than ten
thousand Rupees shall be binding on the Committee unless made in writing and
with the sanction of the Chief Commissioner of Oudh. No Member of the
Committee shall be personally liable for any contract made or expense incurred
by or on behalf of the Committee; but the funds from time to time in the hands
of the Committee shall be liable for and chargeable with all contracts and
expenses duly incurred as aforesaid. Under what
circumstances to be liable for the misapplication of money entrusted to the
Committee.- Every Member of the Committee shall
be liable for any misapplication of any monies entrusted to the Committee, to
which he shall have been knowingly party or privy, or which shall have happened
through gross neglect of his duty, and he shall be liable to be sued for the
same in such Court as the Chief Commissioner of Oudh shall direct, as for money
due to the Government of India. The Committee shall
each year, on or before such date prior to the first day of May as shall be
fixed by the Chief Commissioner, furnish the Chief Commissioner with a
statement or estimate (in such form as the Chief Commissioner shall direct)
showing the expenditure which it is proposed by the Committee to incur during
the year commencing on the first day of May then next, and the items in respect
of which it is proposed to make such expenditure. The Committee
shall, as soon as may be after the first day of May in each year, provide the
Chief Commissioner with a statement in detail, of all the work done by them and
of all sums received and of all sums expended by them during the year ending on
the thirtieth day of April then next preceding, in such form as the Chief
Commissioner shall from time to time direct. All such monies as
the Chief Commissioner or any other person shall from time to time make over to
the Municipal Committee for the purposes of this Act and all fines levied under
this Act shall form a Municipal Fund, of which the Committee shall be the
Trustees, and which shall be applied by the Committee to the conservancy and
improvement of the City of Lucknow, and to the payment of the salaries and
wages of the Officers and servants employed by the Committee, and-all other
expenses incurred in or about, the carrying out the provisions of this Act. Duties on such
things, and at such rates as the Chief Commissioner shall with the sanction of
the Governor-General of India in Council from time to time declare, shall be
levied in respect of the said things when brought into the City of Lucknow for
consumption or use therein. The said duties shall be collected by such persons
and in such manner as the Chief Commissioner shall direct. It shall be lawful
for the Chief Commissioner to farm or let out the collection thereof for such
period or periods as he shall think fit, but lie shall in every case lay down
rules as to the mode of levying and collecting the duties, and such rules shall
have the like force and effect as Bye-laws duly made by the Committee. All monies
received on account of the duties aforesaid, if the same be collected directly
Under the orders of the Chief Commissioner, and all monies received from the
farming or letting out the collection of the duties, shall be paid into the
Bank of Bengal to the credit of the Chief Commissioner. Out of the monies paid
in under this Section, the Chief Commissioner shall (after defraying the costs
of collection if any) make over to the Committee for the purposes of this Act
such sum, not being less than one-third of the monies so paid in, as shall to
the Chief Commissioner seem proper. The Municipal
Committee may from time to time make such Bye-laws as they may think fit, for
defining, prohibiting and removing nuisances which are not public or common
nuisances under the Indian Penal Code; for regulating the time and place of
meeting of the Committee; the conduct of business at such meetings; the
division of duties among the Members of the Committee; the appointment,
suspension and removal of Officers and servants of the Committee, and fixing
the salaries of such Officers and servants; for imposing penalties for the
infringement of any Bye-law made by the Committee; and generally for the
management of all matters connected with the conservancy and improvement of the
City. The Committee may also from time to time repeal, alter, and amend any
such Bye-laws. Provided that no Bye-law shall be repugnant to any law in force.
Provided also that no penalty for the infringement of any such Bye-law shall
exceed fifty Rupees, and that in case of a continuing infringement, no penalty
shall exceed ten Rupees for every day after notice from the Committee of such
infringement. No Bye-law or
alteration of a Bye-law shall have effect until the same shall have been
approved and confirmed by the Chief Commissioner, and shall have been duly
published for such length of time and in such manner as the Chief Commissioner
shall order. A copy in the
English and Hindoostanee languages, of every Bye-law and alteration of a
Bye-law for the time being in force shall be painted on or affixed to boards,
and such boards shall at all times be hung up in some conspicuous part of the
office of the Committee. All Bye-laws, when
the same shall have been duly confirmed and published shall, until the same be
repealed or altered, be of the like effect as if they were inserted in this
Act. All prosecutions
under this Act shall be instituted before a person exercising the powers of a
Magistrate as defined in the Code of Criminal Procedure, and all lines imposed
may be recovered in the manner prescribed in Section 61 of the said Code. The
amount of all fines realized shall be paid to the Municipal Committee and be
applied by them to the purposes of this Act. The Chief
Commissioner of Oudh shall, in everything done under or relating to this Act,
be subject to the orders and control of the Governor-General of India in
Council. It shall be lawful
for the Governor-General of India in Council to extend this Act to any place
under the immediate administration of the Government of India. Whenever this
Act shall be extended to any place under the provisions of this Section, it
shall have effect in such place as if the name of such place were substituted
throughout this Act for the name ?Lucknow.? The Governor-General of India in
Council in extending this Act shall declare what and how many persons shall be
ex-officio Members of the Municipal Committee of the place to which it is
extended. The Chief
Commissioner of any place to which this Act shall be a system of taxation for
such extended under the last preceding Section may, with the sanction of the
Governor-General of India in Council, and declare that Sections XIII and XIV or
either of them, or any of the provisions of those Sections; shall be of no
effect in such place, and may also with the like sanction define the persons or
property within such place to be taxed for raising the monies necessary for the
purposes of this Act, whether by house assessment or town duties or otherwise,
the amount or rate of the taxes to be imposed, the manner of raising and
collecting them and ensuring the safety and due application of them when
collected. Proviso.- Provided that no tax, duty, or other rate shall be
levied under this Section in any place in which duties are levied under Section
XIII of this Act.Municipal Committee (Lucknow) Act, 1864
[Repealed]
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