[Act
4 of 1873] [21st
January, 1873] Repealed by Act 12 of
1891 PASSED BY THE
GOVERNOR GENERAL OF INDIA IN COUNCIL. (Received the assent
of the Governor General on the 21st January 1873). An Act to provide for
the appointment of Municipal Committees in the Panjab, and for other purposes. I.
Preliminary. Local extent. It
extends only to the territories under the government of the Lieutenant Governor
of the Panjab; Commencement. And it
shall come into force on the passing thereof. Existing extensions
and appointments. But all extensions and appointments made, and all limits
defined, under the said Act No. XV of 1867 shall be deemed to be, respectively,
made and defined under this Act. And an extension of any particular provision
of Act No. XV of 1867 shall be deemed to be an extension of the corresponding
provision of this Act Existing assessments
and bye-laws. And all assessments, bye-laws, rules and regulations of any kind,
relating to matters provided for by this Act, which may heretofore have been
made or approved by the Local Government, shall be deemed to have been made
under this Act. Former proceedings.
And all proceedings taken under any such assessments, bye-laws, rules and
regulations shall be deemed to be as valid as if they had been taken under this
Act. Objection to such
extension. Any inhabitant of such town objecting to such extension may, within
six weeks from the said publication, send his objection, in writing to the
Secretary to the Local Government, and the Local Government shall take such
objection into consideration. Procedure thereon.
When six weeks from the said publication have expired, the Local Government, if
no such objections have been sent as aforesaid, or (where such objections have
been so sent in) if, in its opinion, they are insufficient, may, by like
notification, effect the proposed extension. II.
Appointment, Duties and Powers of Committees Such members may be
appointed as the Local Government from time to time directs, either ex officio
or by nomination, or by election, or some by one and some by any other of such
methods: Provided that (except
with the approval of the Governor General in Council) not less than two-fifths
of the members of a Committee shall be persons other than salaried officers of
Government. The Local Government
may. (a)
from time to time remove any
of the members of any Committee, add to their number, and fill up vacancies
occurring among them; (b)
determine the time and
manner of the election of those members whom it may direct to be appointed by
election, and the persons by whom they shall be elected, and generally make
such rules as it thinks fit for regulating such election; (c)
appoint the President and
Vice-President, or either of them, of any Committee, or authorise any Committee
to appoint, by election from their number, such President, or Vice-President,
or both. (d)
No appointment under this
section, other than the appointment by election of a Vice-President, shall be
valid unless and until it is notified in the Panjab Gazette. every Committee
intending to impose taxes for the purposes of this Act shall, from time to
time, give public notice of such intention, and shall in such notice define the
persons or property within the town to be taxed for the purposes of this Act,
and the amount or rate of the taxes to be imposed hereunder. Objection to rates.
Any inhabitant of such town objecting to such notice may, within a fortnight
from the date of the said notice, send his objection in writing to the
President of the Committee, and the Committee shall take such objection into
consideration and report their opinion thereon to the Local Government. Procedure thereon.
When a fortnight from the date of the said notice has expired, if no such
objections have been sent as aforesaid, or (where such objections have been
sent in) if, in the opinion of the Committee, they are insufficient, the
Committee may, with the previous sanction of the Local Government, to be
notified in the Panjab Gazette, define the persons or property and the amount
or rate of the taxes aforesaid, and may then impose such taxes accordingly. as to the persons by
whom, and the manner in which, any assessment of taxes under this Act shall be
confirmed, and for the
collection of such taxes; and for the safety
and due application of them when collected; and for the rendering
and publishing of such estimates and accounts relating to the expenditure of
the Municipal Funds, in such form as it may think fit. No tax shall be
collected under this Act, until the assessment thereof has been confirmed by
the persons and in manner for the time being prescribed by such rules. keep the public streets,
roads, drains, tanks and water-courses of the town for which they are appointed
clean and repaired; and, generally, may
do all acts and things necessary for the construction, repair and maintenance
of local public works of general utility; and may also make
provision, by the establishment of new schools or the aiding of already
existing schools for otherwise, for the promotion of education; and may also make
provision for promoting the public health, safety, comfort and convenience. the time and place of
their meeting; the conduct of their
business; the division of
duties among the members of the Committee; the duties, salaries,
appointment, suspension and, removal of the officers and servants of the
Committee; and other similar
matters. (a)
for defining, prohibiting
and abating nuisances which are not public or common nuisances under the Indian
Penal Code, or under Act No. V of 1861 (for the regulation of Police): (b)
for defining the cases,
manner and times in and at which the officers of the Committee may enter upon
private property for the detection and abatement of nuisances: (c)
for securing a proper
registration of births and deaths; (d)
and for carrying out all or
any of the purposes of this Act. (e)
The Committee may, from time
to time, repeal, alter or add to any bye-laws made under this section. All bye-laws made
under this Act, and all rules made under section thirteen, and all alterations
and repeals of and additions to such bye-laws and rules shall, before coming
into force, be published for such length of time, and in such manner, as the
Local Government from time to time directs. III.?Suits
by and against Committees Contracts of
Committees. Every contract made on behalf of any Committee in respect of any
sum or property exceeding twenty rupees in amount or value, shall be in
writing, and shall be signed by the President or Vice-President (if any) and at
least two other members of the Committee. No contract, unless
so executed, shah be binding on the Committee on whose, behalf it is made. Liability of members
of Committees. No member of a Committee shall be personally liable for any
contract made or expense incurred by or on behalf of the Committee; but the
funds from time to time in the hands of the Committee shall be liable for, and
chargeable with, contracts duly made as aforesaid. Every member of a
Committee shall be liable for any misapplication of money entrusted to the
Committee, to which he has been a party, or which happens through, or is
facilitated by, his neglect of his duty; and he shall be
liable to be sued for the same in such Court as the Local Government directs as
for money due to the Secretary of State for India in Council. Unless such notice he
proved, the Court shall find for the defendant. Every such suit shall
be commenced within three months next after the accrual of the right to sue and
not afterwards. And if any person to
whom any such notice of suit as given shall, before suit brought, tender
sufficient amends to the plaintiff, such plaintiff shall not recover. IV.?Penalties Provided that no
person, by being a shareholder in, or member of, any incorporated or registered
Company, shall be disqualified from acting as a member or servant of a
Committee by reason of any Contract entered into between such Company and the
Committee. Nevertheless, it
shall not be lawful for such share-holder or member to act as a member of the
Committee in any matter relating to any contract entered into between the
Committee and such Company. In default of payment
of any fine imposed under, this section, the defaulter shall be liable to
simple imprisonment for a term not exceeding eight days.Punjab
Municipal Act, 1873 [Repealed]
PREAMBLE
WHEREAS it is expedient to provide for the appointment of Municipal Committees
in towns in the Panjab, and for police, conservancy, local improvements, and
education in such towns, and for the levying of rates and taxes therein; It is
hereby enacted as follows.
This Act may be called ?The Panjab Municipal Act, 1873:?
Act No. XV of 1867 (to make better provision for the appointment of Municipal
Committees in the Punjab, and for other purposes) and Act No. II of 1872 (to
revive and continue the operation of Act XV of 1867) are repealed; and Act No.
XXVI of 1850 (to enable improvements to be made in towns) is repealed so far as
it affects the Panjab.
In this Act ?Committee? means a Municipal Committee under this Act.
The Local Government may, by notification published in the Panjab Gazette,
declare its intention to extend this Act, or any of its provisions, to any town
in the said territories.
For the purposes of this Act, the Local Government may, from time to time, by
notification in the Panjab Gazette, declare what shall be deemed to be a town
for the purposes of this Act, and define the limits of any town to which this
Act has been extended.
In every town to which this Act is extended, the Local Government shall
appoint, or cause to be appointed, a Committee consisting of not less than five
members.
Subject to any general rules or special orders which the Governor General in
Council may from time to time make in this behalf,
The Local Government may from time to time make rules.
Rates and arrears of rates imposed under this Act may be recovered as if they
were arrears of land-revenue.
All sums received by the Committee of any town to which this Act extends, and
all fines levied under this Act, shall constitute a fund, which shall be called
the Municipal Fund of such town, and shall, together with all property which
may become vested in such Committee, be under their control, and shall be
applied by them as trustees for the purposes of this Act.
Every Committee, so far as the Municipal Fund at their disposal permits, shall,
after providing out of such Fund for a police establishment in manner
hereinafter mentioned,
Every Committee shall set apart out of the Municipal Fund such sum as the Local
Government from time to time requires for the maintenance of the police
establishment in the town for which the Committee is appointed.
Every Committee may make rules for regulating.
Any Committee may make bye-laws.
No bye-law, and no alteration or repeal of or addition to a bye-law, shall have
effect until it has been confirmed by the Local Government.
The officers of the Committee shall have power to enter upon private property
for the detection and abatement of nuisances when the Committee shall, under
section fourteen, clause (b), have made bye-laws regulating the exercise of
such power.
The Local Government may, by order, suspend or limit all or any of the powers
of any Committee, and may also cancel any of their proceedings, rules or
bye-laws, and remit or reduce, any tax which they have imposed.
Every Committee shall sue and be sued in the name of the President.
No suit shall be brought against a Committee or any of their officers, or any
person acting under their direction, for anything done, or purporting to be
done, under this Act, until the expiration of one month next after notice in
writing has been delivered or left at the office of the Committee, or at the
place of abode of such person, stating the cause of suit and the name and place
of abode of the intended plaintiff.
No member or servant of a Committee shall be interested, directly or
indirectly, in any contract made with the Committee, and if any such person he
so interested, he shall thereby become incapable of continuing in office or in
employment as such member or servant, and shall be liable to a fine of five
hundred rupees:
Whoever infringes any bye-law made and confirmed as directed in this Act, shall
be liable to a fine not exceeding fifty rupees, and, in the case of a
continuing infringement, to a fine not exceeding five rupees for every day
after notice from the Committee of such infringement.
Prosecutions under this Act for infringements of bye-laws may be instituted
before any Magistrate by the Committee, or by any person authorized by the
Committee in this behalf.
Fines imposed under this Act may be recovered in manner provided by the Code of
Criminal Procedure.