With reference to Punjab
Government, Local Government Department, Notification No. G.S.R. 61/PA 3/11/S.
240/78, dated the 30th May, 1978, and in exercise of the powers conferred by sub-section
(1) of section 240 of Punjab Municipal Act, 1911 (Punjab Act No. 3 of 1911),
the Governor of Punjab is pleased to make the following rules, namely :--??? (i)
These rules may be called the Punjab Municipal (General) Rules,
1979. (ii)
They shall apply to all committees and their employees in the
State of Punjab: Provided that rules 8, 17, 18 and
22 shall apply to those employees only who are not members of any Service
constituted under section 38. (iii)
They shall come into force at once.?? ? In these rules, unless the
context otherwise requires,- (i)
"Act" means the Punjab Municipal Act, 1911; (ii)
"Director" means the Director, Local Government
Department, Punjab; (iii)
"Form" means a form appended to these rules; and (iv)
"section" means a section of the Act.??? Every committee shall observe
such general principles of administration as are followed in the departments of
the State Government.??? Rule 4. Channel of
Correspondence with Government. [Section 240(i)(p) and (zz)].-- (i)
A committee of the first class shall correspond with the State
Government through the Director with a copy to the Regional Deputy Director.
Local Government and a committee of the second or third class shall correspond
with the State Government through the Regional Deputy Director and the
Director. (ii)
Notwithstanding anything contained in sub-rule (1), the committee
may, in an important case, send an advance copy of its communication to the
State Government or the Director, as the case may be.??? Rule 5. Language in
which business is to be transacted, proceedings recorded and notices issued
[Section 240(1)(x)]. -- In every committee all the
business shall be transacted, proceedings recorded and notices issued in
Punjabi Language in Gurumukhi script.??? Rule 6. Administration
of oath or affirmation of allegiance [Section 240(1)(zz)].-- (1)
An oath or affirmation of allegiance under section 24 shall be
administered by the Deputy Commissioner or any other Gazetted Officer appointed
by him in the case of a newly appointed or newly elected member of a committee
and by the Chairman of the meeting in other cases. (2)
The administration of the oath or affirmation under sub-rule (1)
shall be recorded as a part of the proceedings in the minutes of the meeting.??? Rule 7. Members not to
take part in proceedings in certain cases [Section 240(1)(zz)]. -- No member of the committee shall
be present or vote at or take any other part in any proceeding of a committee
or sub-committee relating to a matter in which such member either of his parents,
or descendants of such member, or descendant of any parent of such member, or
descendant or parent of the husband or wife of such member or descendant of
such parent last referred to has a direct or indirect interest.??? Rule 8. Certain persons
not to be appointed. [Section 240(1)(a) and (zz)].-- No person who is relation of any
member of the committee in any of the manners specified in rule 7, shall be
appointed an officer or servants of, or enlisted as a contractor for undertaking
any contract for such committee, without the previous sanction of the Regional
Deputy Director, Local Government.??? Rule 9. Consideration
of matter in meeting. [Section 240(1) zz].-- No matter shall be included in
the agenda for any meeting of a committee or subcommittee nor be discussed at
any such meeting which is not connected with the functions and duties of the
committee as prescribed by the Act and it shall be the duty of the President or
of the presiding member to disallow the inclusion in the agenda and to refuse
to permit at a meeting the discussion of any such matter: Provided that the President or
the presiding member may permit inclusion and discussion of any matter which
appears to him to be in the public interest and not in any way likely to impede
the administration or to promote or encourage lawlessness, or to cause communal
discord, or to be for any other reason undesirable.??? Rule 10. Recording of
minutes. [Sections 30 and 240(1)zz].-- Minutes of proceedings at each
meeting of a committee shall be drawn up and recorded in a book in form I.??? Rule 11. Publication of
minutes of meetings. [Sections 30 and 240(1)zz].-- An abstract of minutes of each
meeting of a committee shall be affixed at some conspicuous place accessible to
the public at the place of meeting of the committee and a copy of such abstract
shall be supplied to the manager of every newspaper which is published within
the limits of the district in which the municipality is situated.??? Rule 12. Publication of
notices [Section 240(1)(y)].-- (1)
In every case in which a notice is to be given by the committee in
exercise of the powers conferred or in discharge of an obligation imposed by
the Act or by any rule or bye-law made thereunder such notice shall be
published in Form 2, duly filled in, in the following manner for the purpose of
inviting objections and suggestions from the public, namely:- (a)
Such notice shall be published by proclamation. (b)
A copy of such notice together with the copy of the matter to be
published shall be affixed at some conspicuous place accessible to the public
at the place of meeting of the Committee for a period of not less than thirty
days. (c)
The notice shall be displayed on the notice boards set up for this
purpose within the limits of the municipality. (d)
A copy of such notice along with a copy of the matter to be published
shall be sent to the editors of the newspaper having vide circulation in the
locality, to be selected by the committee for the purpose. The editors of the
newspapers so selected shall be addressed as in Form 3. [1][Provided
that in case of a town planning scheme, the said notice shall by published
weekly for two consecutive weeks in two daily newspapers with a statement of
the period within which objections may be received.] (e)
Every notice shall specify a date which shall not be less than
thirty days from the dare of its publication by which objections or suggestion
by the persons interested should be submitted to the Secretary or Executive
Officer, as the case may be, of the committee. (2)
[2](a)
Simultaneously with the publication of the notice in respect of a town planning
scheme under the proviso to clause (d) of sub-rule (1), the committee shall
serve a notice on - (i)
every person, whom the committee has reason to believe, after due
enquiry to be an owner of such immovable property as is proposed to be included
in the said town planning scheme; (ii)
the occupier of such immovable property as is proposed to be
included in the said scheme. (b) ??The notice referred to in clause (a) shall - (i)
state the number of town planning schemes proposed for the area; (ii)?? require such person if he objects to the
said scheme to state his reasons in writing within a period of thirty
days from the date of the service of the notice. (c) ??The notice referred to in clause (a) shall be
signed by the President or the Administrator, as the case may be.] (3)
[3]When any
proposal by a committee the notice whereof is required to be published in the
manner specified under sub rule (1) is forwarded for sanction and confirmation
to the appropriate authority it shall be accompanied by a statement that the
provisions of sub-rule (1) have been duly complied with.??? Rule 13. Publication of
proposals to impose taxes or to make rules or bye-laws. [Sections 61 and
240(1)(v)].-- (1)
In every case in which a committee proposes to - (i)
impose any tax under section 61, or (ii)
make any bye-law under the Act, it shall give notice of its
intention in the manner prescribed in rule 12 for the publication of public
notices. (2)
When any such proposal is submitted for sanction or confirmation
to the appropriate authority, it shall be accompanied by a statement that the
provisions of the sub-rule (1) have been complied with.??? Rule 14. Fees for
notices under sub-section (2) of Section 80. [Sections
240(1)(r) and 80(2)].-- The Fee leviable for a notice of
demand served under sub-section (2) of section 80, whether the notice is served
through registered post or through a process server of the committee, shall be
the postage charges, payable for a registered letter from time to time.??? Rule 15. Submission of
annual returns, statements and reports. [Sections 240(1)(v) and
(zz)].-- (1) Every
committee shall, as soon as possible after the close of each financial year,
prepare in such form as may, from time to time, be specified by the Government,
return relating to the constitution of the committee, the account of its
income, expenditure, balances and liabilities or any other matter, together
with report on the working of the committee. (2) One copy
of the return so prepared shall be submitted to the Regional Deputy Director,
Local Government who shall in the case of committees of the First Class forward
it to the Director, Local Government by the 15th day of May in each year.??? Rule 16. Removal of
Members, President or Vice-President. [Section 240(1)(zz)].-- (1)
The letter containing reasons for the proposed removal of a member,
President or Vice President, required to be issued under section 16 or section
22 shall be served on that member, President or Vice-President, as the case may
be, through a registered post direct by the State Government with a copy
thereof to the Regional Deputy Director, Local Government, and the member,
President or Vice President upon whom the said letter is served shall tender
his explanation through the Regional Deputy Director, Local Government
with an advance copy, thereof, together with attested copies of the documents
accompanying it, if any, to the Secretary to Government of Punjab, Department
of Local Government, Housing and Urban Development so as to reach him, within a
period of twenty-one days of the date of despatch of the said letter by the
registered post. (2)
The Regional Deputy Director, Local Government shall forward the
explanation with his comments, if any, direct to the Secretary to Government
Punjab, Local Government Department, within a period of fourteen days from the
date of receipt of the explanation under sub-rule (1). (3)
Where the member, President or Vice President, as the case may be
does not submit the explanation within the specified period, a report to that
effect shall be made by the Regional Deputy Director, Local Government to the
Government.??? Rule 17. Character
verification. [Section 240(1)(n) and (zz)].-- No person shall be appointed as
an officer or servant by any committee unless his character and antecedents
have been verified before hand : Provided that in the case of appointment
to a temporary vacancy required to be made urgently, a person may be appointed
in anticipation of verification of character and antecedents in accordance with
the instructions applicable to such appointments under the State Government.??? Rule 18. Reservation in
favour of members of Scheduled Castes. [Sections 240(1)(n) and
39(2)].-- The instructions issued by the
State Government from time to time in relation to reservation of appointments
or posts for members of the Scheduled Castes and the Backward Classes shall
apply for the purposes of making appointments to posts under the committee.??? Rule 19. Travelling
allowance of members. [Section 240(1)(zz)].-- (1)
No committee shall pay to any member travelling allowance on
account of a journey undertaken on municipal business, unless- (a)
in the case of a journey performed within the district in which
the municipality is situated, or of a journey to a place outside such district
the travelling allowance payable in respect whereof does not exceed one hundred
and fifty rupees, the committee has passed a resolution sanctioning the
undertaking of such a journey, and (b)
in the case of any other journey, the previous sanction of
Regional Deputy Director, Local Government has been obtained. (2)
The travelling allowance payable shall not exceed the amount that
would have been payable in respect of a journey had such a member been a
Government employee in Grade III, as specified in rule 2.15 of the Punjab
Travelling Allowance Rules.??? Rule 20. Grant of
advance for purchase of a conveyance [Section 240(1)(zz)].-- (1)
A committee which with the sanction of the State Government has
under Section 52(2)(1) of the Act, declared the grant of advance for purchase
of a motor car, motor cycle or cycle to its employees to be an appropriate
charge on the municipal fund, shall, so far as may be, grant such advance in
accordance with the rules regulating and on the conditions laid down for the
grant of such advance by the State Government to its employees. (2)
No committee shall grant an advance for the purchase of a motor
car, motor-cycle, or cycle to any of its employees without the previous
sanction in each case of the Regional Deputy Director, Local Government.??? Rule 21. Annuities,
leave allowance etc. of municipal employees not to exceed Government rates.
- [Section 240(1)(zz)]. -- No annuity or gratuity on
retirement and no leave absentee or acting allowance to any employee paid from
a municipal fund shall, without an express sanction of the State Government,
exceed that admissible under the rules applicable to the corresponding
employees serving under the State Government is so far as it is consistent with
the provisions of any Act or subordinate legislation applicable to municipal
employees.??? Rule 22. Age of
retirement of employees. [Section 240(1)nn and (zz)].-- (1)
Every employee of a committee other than a class IV employee,
shall retire from service on the last day of the month in which he attains the
age of fifty-eight years. A class IV employee shall retire from service on the
last day of the month in which he attains the age of sixty years. (2)
No employee of the committee may be retained in service after the
date of retirement except in exceptional circumstances and on public grounds
with the prior approval of the State Government. (3)
Notwithstanding anything contained in sub-rule (1), the appointing
authority shall, if it is of opinion that it is in public interest to do so,
have the absolute right by giving an employee prior notice in writing, to
retire that employee on the date on which he completed twenty-five years of
service or attains fifty years of age or on any date thereafter to be specified
in the notice. The period of such notice shall not be less than three months
and where at least three month's notice is not given, or notice for a period
less than three months is given the employees shall be entitled to claim a sum
equivalent to the amount of his pay and allowances at the same rates at which
he was drawing immediately before the date of retirement, for a period of three
months, or as the case may be, for the period by which such notice falls short
of three mourns. (4)
Any employee may, after giving at least three months previous
notice in writing to the appointing authority, retire from service on the date
on which he completes twenty-five years of service or attains fifty years of
age or on any date thereafter to he specified in the notice: Provided that no employee under
suspension shall retire from service except with the specific approval of the
appointing authority.??? Rule 23. Repeal and
Saving.-- The rules framed under section
240 of the Act, government matters contained in these rules and in force
immediately before the commencement of these rules are hereby repealed : Provided that such repeal shall
not affect:- (a)
the previous operation of the said rules or anything duly done or
suffered thereunder; or (b)
any right, privilege, obligation or liability acquired, accrued or
incurred under the said rules; or (c)
any investigation, legal proceeding or remedy in respect of any
such right, privileges, obligation, liability as aforesaid; and any such investigation, legal
proceeding or remedy may be instituted continued or enforced as if the said
rules had not been repealed. [1] Added
vide Punjab Municipal (General) (First Amendment) Rules, 1980 published in
Punjab Govt. Gazette, Leg. Suppl. Part III dated 31.10.80. [2] ?Inserted vide Punjab Municipal (General)
(First Amendment) Rules, 1980 published in Punjab Govt. Gazette, Leg. Suppl.
Part III dated 31.10.80. [3] Sub-rule
(2) re-numbered as Sub-rule (3) vide Punjab Municipal (General) (First
Amendment) Rules, 1980 published in Punjab Govt. Gazette Leg. Suppl., Part III,
dated 31.10.80.THE PUNJAB MUNICIPAL (GENERAL)
RULES, 1979
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