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THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (Punjab Act
42 of 1976)
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Rule regulations and Bye-laws
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397. Supplemental provisions respecting rules.
- ( 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 hundred 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.
398. Supplemental provisions respecting regulations.
- (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of the Corporation and any regulation so made may be altered or rescinded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.
399. Powers to made bye-laws. - (
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 ) the maintenance of tax books and registers by the Commissioner
and the particulars which such books and registers should contain;
(2) the inspection of and the obtaining of copies and extracts from
such books and registers and fees, if any, to be charged for the same;
(3) the publication of rates of taxes as determined by the Government
from time to time;
(4) the requisition by the Commissioner of information and returns
from persons liable to pay taxes.;
(5) the notice to be given to the Commissioner, by any person who
becomes the owner or possessor of a vehicle or animal in respect of
which any tax is payable under this Act;
(6) the wearing of badge by the driver of any such vehicle and
the display of number plate on such vehicle;
(7) the submission of returns by the persons liable to pay any tax
under this Act;
(8) any other matter relating to the levy, assessment, collection,
refund or remission of taxes under this Act.
B. Bye-laws relating to water-supply, drainage and sewage disposal
(1) the power of the Commissioner to close waterworks for the supply
of water, whether for domistic purposes or not or for gratuitous use
and to prohibit the same and use of water for the purpose of business;
(2) the connection of supply pipes for conveying to any premises a
supply of water from municipal waterworks;
(3) the making and renewing connections with municipal water-works;
(4) the power of the Commissioner to take charge of private connection;
{5) the power of the Commissioner to alter the position of connection;
(6) the equitable distribution of water supplied to occupiers;
(7) the size, material, quality, description and position of the pipes
and fit- tings to be used for the purpose of any connection with or
any communication from any Municipal waterworks and the stamping of
pipesand fittings and fees for such stamping; (8) the size, material,
quality and description of pipes, cisterns and fittings which are
found on an examination under the provisions of this Act to be so
defective that they cannot be effectively repaired;
(9) the provision and maintenance of meters when water is supplied
by measurement;
(10) the prohibition of fradulent and unauthorised use of water and
the prohibition of fraud in Connection with meters;
{11) the maintenance of pipes, cisterns and other waterworks;
(12) the regulation or prohibition of the discharge or deposit of
offensive or obstructive matter, polluted water or other polluted
and obnoxious matter into sewers;
{13) the regulation in any manner not specifically provided for in
this Act of the construction, alteration, maintenance, preservation,
cleaning and repairs of drains, ventilation shafts, pipes, latrines,
urinals, cesspools and other drainage works;
(14) the cleansing of drains;
(15) the prohibition of erection of buildings over drains without
the permission of the Commissioner;
{16) the connection of private drains with municipal drains;
{17) the location and construction of cesspools;
(18) the covering and ventilation of cesspools;
(19) the period or periods of the day during which trade effluent
may be discharged from any trade premises into municipal drains;
{20) the exclusion from trade effluent of all condensing water;
{21 ) the elimination from trade effluent, before it enters a municipal
drain, of any constituent which in the opinion of the Corporation
would, either alone or in combination with any matter with which it
is likely to come into contact while passing through municipal drains,
injure or obstruct those drains or make specially difficult or expensive
the treatment or disposal of the sewage from those drains;
{22) the maximum quantity of trade effluent which may, without any
consent or permission, be discharged from any trade premises into
municipal drains on any one day and the highest rate at which trade
effluent may, without such consent or permission, be discharged from
any trade premises into municipal drains;
{23) the regulation of the temperature of trade effluent at the time
of its discharge into municipal drains and the securing of the neutrality
of trade effluent {that is to say that it is neither acid nor alkaline
at the time of such discharge;
{24) the charges to be paid to the Corporation by occupiers of trade
premises for the reception of trade effluent into municipal drains
and disposal thereof;
{25) the provisions and maintenance of such an inspection chamber
or manhole as will enable a person readily to take at any time samples
of what Is passing into municipal drains from trade premises;
(26) the provision and maintenance of such meters as may be required
to measure the volume of any trade effluent being discharged from
any trade premises into municipal drains, and the testing of such
meters;
C. Bye-laws relating to streets -
(1) the closure of streets when any work is in progress and alternative
passage during the progress of such work;
{2) the erections of a temporary nature during festivals;
{3) the setting up of boards on buildings adjacent to streets during
their construction or repair;
{4) the precautions to be taken when permission is granted to any
private individual for opening or breaking up any public street and
the fees to be paid for the restoration of a street in its original
sanction;
{5) the permission, regulation or prohibition of use of occupation
of any street or place by itinerant vendors or hawkers or by any person
for the sale of articles or the exercise of any calling or the setting
up of any booth or stall and the fees chargeable for such occupation:
(6) any other matter in connection with the construction, repair,
maintenance, naming, numbering and lighting of streets for which provision
is necessary or should be made;
D. Bye-laws relating to buildings -
(1) the regulation or restriction of the use of sites for buildings
for different areas;
(2) the regulation or restriction of buildings in different
areas;
(3) the form of notice of erection of any building or execution of
any work and the fee in respect of the same;
(4) the plans and documents to be submitted together with such notice
and the information and further information to be furnished;
{5) the level and width of foundation, level of lowest floor and stability
of structure;
(6) the construction of buildings and the materials to be used into
the construction of buildings;
(7) the height of buildings whether absolute or relative to the width
of streets or to different areas;
{8) the number and height of storeys composing a building and the
height of rooms and the dimensions of rooms intended for human habitation;
(9) the provision of open spaces, external and Internal, and adequate
means of light and ventilation;
(10) the provision of means of egress in case of fire, fire escapes
and water lifting devices:
(1l) the provision of secondary means of access for the removal of
house refuse;
(12) the materials and methods of construction of external and party
walls, roofs and floors;
(13) the position, materials and methods of construction of hearths,
smoke-escapes, chimneys, staircases, latrines, drains and cesspools;
[14) the provision of lifts;
(15) the paving of yards;
(16) the restrictions on the use of inflammable materials in buildings;
{17) the restrictions of construction of foundation on certain sites;
(18) the measures to be taken to protect buildings from damp arising
from sub-soil;
(19) the wells, tanks and cisterns and pumps for the supply of water
for human consumption in connection with buildings;
{20) in the case of wells, the dimensions of the well, the manner
of enclosing it and if the well is intended for drinking purposes
the means which shall be used to prevent pollution of the water;
{21) the supervision of buildings;
(22) the setting back of garages and shops from the regular line of
a street;
{23) the construction of portable structures and permission for such
construction.
E. Bye-laws relating to sanitation and public health -
(1) the position of latrines and urinals;
(2) the provision of air spaces between latrines and buildings for
various purposes; of places used
{3) the white-washing of buildings;
(4) the provision of living accommodation for sweepers in buildings
newly erected requiring ten or more laterines;
(5) the regulation or prohibition of the stabling or herding of animals
or any class of animals so as to prevent danger to public health;
(6) the seizure of ownerless animals straying within the limits of
the City and the regulation and control of ponds;
(7) the fixing and regulation of the use of public bathing and washing
places;
{8) the prevention of the spread of dangerous diseases;
(9) the segregation in or the removal or exclusion from any part of
the City or the destruction of animals suffering or reasonably suspected
to be suffering from any infectious or contagious disease;
(10) the supervision, regulation, conservation and protection from
injury contamination or trespass of sources and means of public water
supply and of appliances for the distribution of water;
(11) the enforcement of compulsory vaccination and inoculation;
(12) the proper disposal of corpses, the regulation and management
of burning and burial places and other places for the disposal of
corpses and the fees chargeable for the use of such places where the
same are provided or maintained at the expense of the Corporation
Fund.
F. Bye-laws relating to vital statistics -
{1) the prescribing of qualifications of persons to the appointed
as registrars under Chapter XVI;
(2) the registration of births, deaths and marriages and the taking
of a census;
G. Bye-laws relating to public safety and suppression of nuisances
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The regulation or prohibition for the purpose of sanitation or the
prevention of disease or the promotion of public safety or convenience
of any act which occasions or is likely to occasion a nuisance and
for the regulation or prohibition of which no provision is made elsewhere
by this Act;
H. Bye laws relating to markets, slaughter houses, trades and
occupations.
(1) the days on, and the hours during which any market or slaughter
house may be kept open for use:
(3) the regulation of the design, ventilation and drainage of markets
and slaughter houses and the materials to be used in the construction
thereof;
(3) the keeping of markets and slaughter houses and the lands and
buildings appertaining thereto in a clean and sanitary condition,
the removal of filth, rubbish and other polluted and obnoxious matter
therefrom and the supply therein of pure water and of a sufficient
number of latrines and urinals for the use of persons using of frequenting
the same;
(4) the manner in which animals shall be admitted in slaughter house;
(5) the manner in which animals may be slaughtered;
{6) the provision of passage of sufficient width between the stalls
in market buildings and market places for the convenient use of the
public and the prevention of encroachment of such passages;
(7) the setting apart of separate areas for different classes of articles
in market buildings and market places;
{8) the disposal or destruction of animals offered for slaughter which
are, from disease or any other cause, unfit for human consumption;
{9) the destruction of carcasses which from any disease or any other
cause are found after slaughter to be unfit for human consumption;
{10) the regulation of the entry of animals into slaughter house and
the bringing out of the carcasses of such animals after slaughter
and the fee to be paid for use of slaughter houses;
{11 ) the proper custody and care of animals for the keeping of which
licences are granted under section 343;
{12) the regulation of the import of animals and flesh within the
City:
{13) the rendering necessity of licences for the use of premises within
the City as stables or cow-houses or as an accommodation for sheep,
goat or buffalo, and the fees payable for such licences and the conditions
subject to which such licences may be 'granted, refused, suspended
or revoked:
{14) the regulation of sarais, hotels, dak bungalows, lodging houses,
boarding houses, buildings, let-intenements, residential clubs, restaurants,
entertainment or resort
(15) the control and supervision of places where dangerous or offensive
trades are carried on so as to secure cleanliness therein or to minimise
in injurious, offensive or dangerous effects arising or likely to
arise therefrom;
(16) the regulation of the posting of bills and advertisements and
of the position, size. shade or style of the name boards, signboard
and signposts;
(17) the fixation or a method for the sale of art4eles whether by
measure weight, piece or any other method;
(18) the procedure regarding the grant of permit to establish a factory,
workshop or trade premises;
(19) the regulation of smoke in factories, workshop and trade premises;
(20) the regulation of sanitary conditions in factories, workshop
and trade premises;
(21 ) the regulation of the use in any factory, workshop or trade
premises of whistle, trumpet, siren or horn worked by steam, compressed
air, electricity or other mechanical means;
(22) the prevention of nuisance In any market building, market place.
slaughter house or any factory, workshop or trade premises;
I. By-laws relation to improvement.
(1) the form and contents of an improvement scheme or a re-housing
scheme:
(2) the procedure to be followed in connection with the framing, submission,
approval and sanction of such scheme;
(3) the local inquiries and other hearings that may be held before
a scheme is framed, approved or sanctioned;
(4) the alteration of an improvement scheme or a rehousing scheme
after approval and sanction.
J. Bye-laws relating to miscellaneous matters -
(1) the prevention and extinction of fire;
(2) the circumstances and the manner in which owners of land or building
in the City temporarily absent therefrom or not resident therein may
be required to appoint as their agents for all or any of the purposes
of this Act or of any bye-laws made thereunder, persons residing within
or near the City;
(3) the regulation and control of Corporation hospitals and dispensaries;
(4) the rendering necessary of licenses:
(a) for the proprietors or drivers of hackney-carriages, cycle rickshaws,
thelas and rehris kept or plying for hire or used for hawking articles;
(b) for Persons working as job-porters for the conveyance of goods;
{5) the classification of cinema theatres for the purposes of levying
thereafter;
(6) any other matter which is to be or may be prescribed by bye-laws
made under this Act or in respect of which this Act makes no provision
or makes In sufficient provision and provision is, in the opinion
of the Corporation, necessary for the efficient Municipal government
of the City:
(2) Any bye-law which may be made under sub-section ( 1 ) may be made
by the Government within one year of the establishment of the Corporation;
and any bye-law so made may be altered or rescinded by the Corporation
in the exercise of its powers under sub-section ( 1 ).
400. Penalty for breaches of bye-laws.
- (1) Any bye-law made under this Act may provide that a contravention
thereof shall be punishable -
(a) with fine which may extend to five hundred rupees;
or
(b) with fine which may extend to five hundred rupees and in the
case of a continuing contravention, with an additional fine which
may extend to twenty rupees for every day during which such contravention
continues after conviction of the first such contravention; or
(c) with fine which may extend to twenty rupees for every day during
which the contravention continues, after the receipt of a notice
from the Commissioner or any Corporation officer duly authorised
In that behalf by the person contravening the bye-law requiring
such person to discontinue such contravention.
(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.
401. Supplemental provisions respecting bye-law.
- (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 Gazette published in the Official
(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.
402. Bye-laws to be available for inspection
and purchase., ( 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. |
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