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THE PUNJAB MUNICIPAL CORPORATION
ACT, 1976 (Punjab Act 42 of 1976)
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| The following Act
of the Legislature of the State of Punjab received the as-sent of
the President of India on the 21st December, 1976 and, was published
for general information in Punjab Government Gazette Extraordinary
Legislative Supplement Part I dated 1st January, 1977.An Act to provide
for the establishment of Municipal Corporation for certain Cities
in the State of Punjab. Be it enacted by the Legislature of the State
of Punjab in the Twenty- seventh Year of the Republic of India as
follows:- |
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| Statement
of Objects and Reasons
(Punjab Govt. Gaz. Extra of
1-1-1976 P. 1519 at 1688) |
| The big cities in the
State particularly Amritsar and Ludhiana have rapidly expanded due
to Industrial and Commercial Growth. In order to provide better administration,
better amenities and better planning for future in the local, authorities,
it has been considered necessary to establish Municipal Corporation
at Amritsar and Ludhlana to begin with. Corporations will be established
in other cities having population of more than 3 lacs and annual income
of more than 2 crores of rupees. The Corporation will be having highly
qualified experienced and expert administrative and executive set
up and adequate financial resource to make them financially viable.
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LEGISLATIVE
AMENDMENTS
Amended of Punjab Act 12 of 1979.
Amended by Punjab Act 23 of 1986.
Amended by Act 2 of 1994. |
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Preliminary
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| 1.
Short title, extent and commencement. |
(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. |
2. Definitions
:- In this Act, unless the contest otherwise
requires.
{1) "Appointed. day" with reference to a City means the day on which
notification is published under sub-section (1) or sub-section {2)
of section 3, as the case may be;
(2) "budget-grant" means the total sum entered on the expenditure
side of a budget estimate under a major head and adopted by the Corporation
and includes any sum by which such budget-grant may be increased or
reduced by transfer from or to other heads in accordance with the
.provisions of this Act and the regulations made thereunder;
{3) "building" means a shop, house, out-house, stable, latrine, urinal,
shed, hut, wall or any other structure, whether of masonry,
bricks, wood, mud, metal or other material and includes a well
but does not include any portable shelter;
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(4) "bye-law" means a bye-law made under this Act, by notification
in the Official Gazette;
(5) "casual vacancy" means a vacancy occurring otherwise than by efflux
of time in the office of a councillor or in any other elective
office;
(6) "City" shah mean a larger urban area and shah include any other
areas declared to be a City under this Act before the commencement
of the Punjab Municipal Corporation (Amendment) Act, 1994.(
Substituted by Act 2 of 1994)
(7)" Commissioner means the Commissioner of the Corporation;
(8) "corrupt practice" means any of the practices specified in section
25:
(9) "dangerous disease" means:-
(a) cholera, plague, chicken-pox, small-pox,
tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and
diphtheria; and
(b) any other epidemic, endemic or infectious disease which the
Commissioner may, by notification in the Official Gazette, declare
to be dangerous disease for the purposes of this Act;
(10) "Director" means the Director of
Local Government, Punjab;
(10a) "District Planning Committee" means a Committee constituted
under Article 243 ZD of the Constitution of India. (Added by Act of
1994)
(1 l) "District Judge'! means the District Judge having jurisdiction
In the City;
(12) "Divisional Commissioner" means the Commissioner of the Division
in which the City is situated .and Includes any other officer in the
super time scale of the Indian Administrative Service appointed by
the Government to perform all or any of the functions of the Divisional
Commissioner under this Act;
(13) "drain" includes a sewer, a house drain, a drain of any other
description. a tunnel, a culvert, a ditch, a channel and any other
device for carrying of sewage, offensive matter, polluted water, waste
water, rain water or subsoil water;
( 14) "election" means and includes the entire election process commencing
on and from the date of notification calling for election
of Councillors and 2 ending with the date of declaration and
notification of results thereof (. Added by Act2 of 1994., )
(15) "entertainment" Includes any exhibition, performance, amusement,
game or sport to which persons are ordinarily admitted on payment;
(16) "factory" means a factory as defined in the Factories Act, 1948;
(17) "fifth" includes offensive matter and sewage;
(18) "goods" includes animals:
(19) "Government" means the Government of the State of Punjab;
(20) "house-gully" or "service passage" means a passage or strip of
land constructed, set apart or utilised for the purpose of serving
as or carrying a drain or affording access to a latrine, urinal, cesspool
or other receptacle for or other polluted matter, by Corporation employees
or other persons employed in the cleaning thereof or in the removal
of such matter therefrom;
(21) "hut" means any building which is constructed principally of
wood, bamboo, mud, leaves, grass, cloth or thatch and includes any
structure of whatever material made which the Corporation may
declare to be a hut for the purposes of this Act:
(22) "land" includes benefits to arise out of land, things attached
to the earth or permanently fastened to anything attached to the earth
and rights created by law over any street;
(22-a) "larger urban area" means such area as 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 he may deem fit, specify by a notification
in .the Official Gazette.( Added by Act 2 of 1994)
(23) "licensed architect", "licensed draftsman", "licensed engineer",
"licensed plumber", licensed surveyor" and "licensed town planner"
means respectively a person licensed under the provisions of this
Act as an architect, draftsman, engineer, plumber, surveyor and town
planner;
(24) "market" includes any place where persons assemble for the sale
of or for the purpose of exposing for sale, meat, fish, fruits, vegetables,
animals intended for human food or any other articles of human food
whatsoever, with or without the consent of the owner of such place
notwithstanding that there
may be no common regulation for the concourse of buyers and sellers
and whether or not any control is exercised over the business of,
or the persons frequenting the market by the owner of the place or
by any other person;
(25) "member" in relation to the Corporation means a councillor thereof;
(25-a) "Municipality" means an institution of self government constituted
under Article 2430 o£ the Constitution of India;
(25-b) "Municipal area" means the territorial area of a Municipality
as may be notified by the Government;
(25-c) "Metropolitan area" means an area having a population of ten
lakh or more, comprised in one or more districts and consisting
of two or more
Municipalities or Panchayats or Other contiguous areas specified by
the Government by a notification, to be a Metropolitan Area for the
purposes of this Act;
(25-d) "Metropolitan Planning Committee" means a Committee constituted
Art 243 ZE of the Constitution of India.( Added by Act 2 of 1994)
(26) "municipal drain" means a drain vested in the Corporation;
(27) "municipal market" means a market vested in or managed by the
Corporation;
(28) "municipal slaughter house" means a slaughter house vested in
or managed by the Corporation;
(29) "municipal water works" means water works vested in the Corporation;
(30) "Nationalised Bank" means a bank specified in column 2 of the
First Schedule to the Banking Companies (Acquisition and Transfer
of Undertakings) Act, 1970;
(3 l) "nuisance" includes any act, omission, place, animal or thing
which causes or is likely to cause injury, danger, annoyance or offence
to the sense of sight, smell or hearing or disturbance to rest or
sleep, or which is or may be dangerous to life or injurious to health
or property;
{32) "occupier" includes :-
(a) any person who for the time being
is paying or is liable to pay to the owner the rent or any portion
of the rent of the land or building in respect of which such rent
is paid or is payable;
(b) an owner in occupation of, or otherwise Using his land or building;
(c) a rent free tenant of any land or building;
(d) a licensee in occupation of any land or building; and
(e) any person who is liable to pay to the owner damages for the
use and occupation of any land or building;
(33) "offensive matter" includes animal carcasses,
kitchen or stable refuse, dung, dirt and putrid or putrefying substances,
other than sewage;
(34) "Official Gazette" means the Official Gazette of the State of
Punjab;
(35) "owner" includes a person who for the time being is receiving
or is entitled to receive, the rent of any land or building whether
on his own account or on account of himself and others or as an agent,
trustee, guardian or receiver for any other person who should so receive
the rent or been tilted to receive it if the land or building or part
thereof were let to a tenant;
1. (35-a) "population" means the population as ascertained at the
last preceding Census, of which the relevant figures have been published;(
Added by Act 2 of 1994.)
(36) "premises" means any land or building or part of a building and
includes-
(a) the garden, ground and out-houses,
if any, appurtaining to a building or part of a building; and
(b) any fitting affixed to a building or part of a building for
the more beneficial enjoyment thereof;
(37) "prescribed" means prescribed by rules
made under this Act;
(38) "private street" means any street, which is not a public street
and includes any passage securing access to two or more places belonging
to the same or different owners;
(39) "private market" means a market which is not a municipal market;
(40) "private slaughter house" means a slaughter house which is not
a municipal slaughter house;
(41) "public place" means any place which is open to the use and enjoyment
of the public, whether it is actually used or enjoyed by the public
or not;
(42) "public securities" means any securities of the Central Government
or a State Government or any securities guaranteed by the Central
Government or a State Government or any securities issued under this
Act;
(43) "public street" means any street which vests in the Corporation
as a public street or the soil below the surface of which vests in
the Corporation or which under the provisions of this Act becomes
or is declared to be a public street;
(44) "railway administration" has the meaning assigned to it in the
Indian Railways Act, 1890;
(45) "rate payer" means a person liable to pay any rate, tax, cess
or licence fee under this Act;
(46) "rateable value" means the value of any land or building fixed
in accordance with the provisions of this Act and the bye-laws made
thereunder for the purpose of assessment of property taxes;
(47) "regulation" means a regulation made by the Corporation under
this Act, by notification in the Official Gazette;
(48) "reside"-
(a) a person shall be deemed to "reside"
in any dwelling house which or some portion of which he sometimes,
although not uninterruptedly, uses as a sleeping apartment; and'
(b) a person shall not be deemed to cease to "reside" in any such
dwelling house merely because he is absent from it or has elsewhere
another dwelling house in which he resides, if there is the liberty
of returning to it at any time and no abandonment of the intention
of returning to it;
(49) "rubbish" includes ashes, broken bricks,
broken glass, dust, malba, mortar and refuse of any kind which is
not filth;
{50) "rule" means a rule made by the Government under this Act, by
notification in the Official Gazette;
(51 ) "rural areas" means the area of the City which immediately before
their inclusion within the limits of the City are situated within
the local limits of a Gram Panchayat established under the Punjab
Gram Panchayats Act, 1952, but shall not include such portion thereof
as may, by virtue of a notification under section 42 l, cease to be
included in the rural areas as herein defined;
(52)"Scheduled Caste means any of the Scheduled Castes specified in
Part X of the Schedule to the Constitution (Scheduled Castes) Order,
1950;
(53) "sewage" means night-soil and other contents of latrines, urinals,
cesspools or drains, and polluted water from sinks, bathrooms, stables,
cattle sheds and other like places, and includes trade effluents and
discharges from manufactories of all kinds;
(54) "shed" means a slight or temporary structure for shade or shelter;
{55) "slaughter house means any place ordinarily used for the slaughter
of animals for the purpose of selling the flesh thereof for human
consumption;
[(55-a) "State Election Commission" means all Election Commission
constituted by the Government of Punjab under Article 243 K and 243
ZA of the Constitution of India; (Added by Act 2 of 1994)
(56) "street" shall mean any road, footway, square, court, alley,
gully or passage, accessible, whether permanently or temporarily to
the public and whether a thoroughfare or not; and shall include every
vacant space, not withstanding that it may be private property and
partly or wholly obstructed by any gate, post, chain or other barrier,
if houses, shops or other buildings abut thereon, and flit is used
by any persons as means of access to or from any public place or thoroughfare,
whether such persons be occupier of such
buildings or not, but shall include any part of such space which the
occupier of any such building has right at all hours to prevent all
other persons from using as aforesaid and shall include also the drains
or gutters therein, or on either side, and the land, whether covered
or not by any pavement, verandah or other erection, upto the boundary
of any abutting property not accessible to the public;
(57) "'trade effluent" means any liquid either with or without particles
of matter in suspension therein, which is wholly or in part produced
in the course of any trade or industry carried on at trade premises,
and in relation to any trade premises means any such liquid as aforesaid
which is so produced in the course of any trade or industry carried
on at those premises, but does not include domestic sewerage;
(58) "trade premises" means any premises used or intended to
be used for carrying on any trade or industry;
(59) "trade refuse" means the refuse of any trade or industry;
(60) "urban areas" means the areas of the City which are not rural
areas;
(61) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart,
bicycle, tricycle, cycle-rickshaw, auto rickshaw, motor vehicle and
every wheeled conveyance which is used or is capable of being used
on a street;
(62) "ward" means a municipal ward provided by order made under section
5 of the purpose of election of Councillors;
[(62-a.) "Wards Committee" means a Committee constituted by the Government
(Added by Act 2 of 1994.)
(63) "water course" includes any river, stream or Channel whether
natural or artificial;
(64) "water works" includes all lakes, tanks, streams, cisterns, springs,
pumps, wells, reservoirs, aqueducts, water trucks, sluices, main pipes,
culverts, hydrants, stand-pipes and conduits and all lands, buildings,
machinery, bridges and things used for, or intended for the purpose
of, supplying water;
(65) "workshop" means any premises (including the precincts thereof
) other than a factory, wherein any industrial process is carried
and;
(66) "year" means a year commencing on the
1st day of April.
3. (1) Specification of an area to be a Larger
Urban Area and constitution of Corporation therefor
:-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
{2) Where an area is specified as a larger urban area under sub-section
( 1 ), the Government shall, by a notification in the Official Gazette,
constitute a Corporation for such area. (3) Where any area,
which is within the jurisdiction of any other local authority is specified
as a larger urban area or is included in any other larger urban area.
the Government may pass such orders as it may deem fit, as to the
transfer to the Corporation for such larger urban area, or dispose
other wise of, the assets and institutions of any such local authority
in that area and as to discharge of the liabilities, if any, of such
local authority relating to such assets or institutions.
(4) Where any area is excluded from a larger urban area and included
in any other local authority, the Government may pass such orders
as it may deem fit, as to the transfer of such local authority or
disposal otherwise, of the assets or Institutions of such Corporation
in that area and as to the discharge of the liabilities, if any, of
such Corporation relating to such assets and institutions.
(5) The local areas which has been constituted as a City immediately
before the commencement of the Punjab Municipal Corporation (Amendment)
Act, 1994, shall be deemed to have been specified as larger urban
area under sub-section ( 1 ) and Corporation constituted for those
areas shall be deemed to have been duly constituted under sub-section
(2).
(6) The Government may, from time to time, after consultation with
the Corporation, by previous publication of a notification in the
Official Gazette, alter the limits of any larger urban area.
{7) When the limits of any larger urban area are altered so as to
include therein any area, the provisions of this Act and, except as
the Government may otherwise by notification direct, all rules, bye-laws,
notifications, orders, directions, powers, made, issued or conferred
and al/taxes and fees imposed under this Act and in force throughout
the larger urban area shall apply to such area.( Substituted by Act
2 of 1994.) |
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