The Punjab Municipal Corporation Act, 1976 Complete Act - Bare Act

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:--

(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 into force at once.

In this Act, unless the context 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; 1[and with reference to a local area included in a City means the day on which notification including such area in a City is issued under sub-section (3) of section 3;]

(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;

(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;

2[(6) "City" shall mean a larger urban area and shall include any other areas declared to be a City under this Act before the commencement of the Punjab Municipal Corporation (Amendment) Act, 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 a dangerous disease for the purposes of this Act;

(10) "Director" means the Director of Local Government, Punjab;

3[(10a) "District Planning Committee" means a Committee constituted under Article 243 ZD of the Constitution of India.]

(11) "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 sub-soil water;

2[(14) "election" means and includes the entire election process commencing on and from the date of notification calling for election of Councillors and ending with the date of declaration and notification of results thereof]

(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) "filth" 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 filth or other polluted matter, by Corporation employees and 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;

4[(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.]

(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 person;

(25) "member" in relation to the Corporation means a councillor thereof;

4[(25-a) "Municipality" means an institution of self government constituted under Article 243 of 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 under Article 243 ZE of the Constitution of India.]

(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;

(31) "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 be entitled to receive it if the land or building or part thereof were let to a tenant;

4[(35-a) "population" means the population as ascertained at the last preceding Census, of which the relevant figures have been published;]

(36) "premises" means any land or building or part of a building and includes-

(a) the garden, ground and out-houses, if any, appertaining 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 areas 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 421, 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;

4[(55-a) "State Election Commission" means an Election Commission constituted by the Government of Punjab under Articles 243 K-and 243 ZA of the Constitution of India;]

(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, notwithstanding 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 if it is used by any persons as means of access to or from any public place or thoroughfare, whether such persons be occupiers 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 for the purpose of election of Councillors;

4[(62-a) "Wards Committee" means a Committee constituted by the Government;]

(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 on;

(66) "year" means a year commencing on the 1st day of April.

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1. Added by Punjab Act No. 17 of 1978

2. Substituted by Punjab Act No. 12 of 1994

3 Inserted by Punjab Act No. 12 of 1994

4. Inserted by Punjab Act No. 12 of 1994.

1[(1) 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 purpose 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 area and such other factors as it may deem fit, by notification, specify to be an industrial township.

(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 otherwise 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, after 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 all taxes and fees imposed under this Act and in force throughout the larger urban area shall apply to such area.]

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1. Substituted by Punjab Act No. 12 of 1994

(1) For the purposes of carrying out of the provisions of this Act, there shall be a Corporation charged with the municipal Government of a City. The Corporation for each of the Cities of Amritsar and Ludhiana shall be known as the Municipal Corporation of Amritsar, and the Municipal Corporation of Ludhiana, respectively and the Corporation for every other City constituted under sub-section (2) of section 3 shall be known by the name of "the Municipal Corporation.........(name of the City)".

(2) Every Corporation shall be a body of corporate having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.

(3) As soon as may be after the appointed day a Corporation which shall be composed of 1[elected councillors and ex officio councillors,] if any, shall be constituted from such date as may be specified in this behalf by notification by the Government.

(4) Notwithstanding anything contained in sub-section (3), on and with effect from the appointed day all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law shall be exercised and performed by the Commissioner till a Corporation is constituted under the aforesaid sub-section.

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1. Substituted by Punjab Act No. 12 of 1994

1[(1) Every Corporation constituted under section 3 shall consist of,-

(i) elected Councillors chosen by direct election; and

(ii) ex officio members comprising the members of the Punjab Legislative Assembly representing the constituencies in which the City or any part thereof falls.

(2) A person who is elected as Councillor of a Corporation shall not be considered to be an ex office member, if he is a member of the Punjab Legislative Assembly at the time of his election or becomes such member at any time thereafter and such person shall have all the rights and be subject to all the liabilities of an elected Councillor.

(3) The Government shall, from time to time, by notification in the Official Gazette, determine the number of elected Councillors for a Corporation:

Provided that the total number of elected Councillors for a Corporation shall in no case be less than 2{fifty} and more than 3{hundred}:

4{----}

Explanation-(1) If the constituency of a member of the Punjab Legislative Assembly comprises more than one city, he shall be an ex officio member of the Corporation of such city.

Explanation-(2) If any City falls in more than one constituency the members of the Punjab Legislative Assembly representing each such constituency shall be ex officio members of the Corporation of such city.]

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1. Substituted by Punjab Act No. 12 of 1994

2. The word "forty" substituted by Punjab Act No. 8 of 1996

3. The word "fifty" substituted by Punjab Act No. 8 of 1996

4. Second and third proviso omitted by Punjab Act No. 8 of 1996

1[In every Corporation, out of the total number of elected Councillors determined under sub-section (3) of Section 5 the Government shall reserve,-

(a) Such number of seats for the Scheduled Castes as may be determined by it subject to the condition that the number of seats so reserved shall bear, as nearly as may be the same proportion to the total number of seats to be filled by direct election to the Corporation as the population of Scheduled Castes in that city bears to the total population of that City and such seats may be allotted by rotation to different wards in the City; and

(b) two seats in such Corporation for the members of the Backward Classes, and such seats may be allotted by rotation to different wards in that Corporation;

(2) Not less than one-third of the total number of seats reserved under clause (a), shall be reserved for women belonging to the Scheduled Castes.

(3) Not less than one-third (including the number of seats reserved for women belonging to the Schedule Castes), of the total number of seats to be filled by direct election, shall be reserved for women and such seats may be allotted by rotation to different wards in the City.

Explanation- In this section the expression,-

(a) "Scheduled Castes" shall have the same meaning as assigned to them in clause (24) of Article 366 of the Constitution of India; and

(b) "Backward Classes" means the Backward Classes as the Government may, from time to time declare by issuing a notification in the Official Gazette.

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1. Substituted by Punjab Act No. 12 of 1994

Offices of Mayors of Corporations shall be reserved by rotation in the prescribed manner for the members of the Scheduled Castes, Backward Classes and women in the following ratio, namely;-

(a) five per cent for Scheduled Castes;

(b) two per cent for Backward Classes; and

(c) five per cent for women including women belonging to the Scheduled Castes.]

1[(1) Every Municipal Corporation, save as otherwise provided in this Act, shall continue for five years from the date appointed for its first meeting and no longer.

Explanation- In this section "first meeting" shall mean the meeting of the newly constituted Corporation held for the election of its Mayor and Deputy Mayor under section 38 of this Act.

(2) All Corporations existing immediately before the commencement of the Constitution (Seventy-Fourth) Amendment Act, 1992, shall continue till the expiration of their duration unless sooner dissolved by a resolution passed to that effect by the State Legislative.

(3) An election to constitute a Corporation shall be completed-

(a) before the expiry of its duration specified in sub-section 1;

(b) before the expiration of a period of six months from the date of its dissolution;

Provided that when the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under clause (b) for constituting the Corporation for such period.

(4) The first election to a Corporation constituted after the commencement of the Punjab Municipal Corporation (Amendment) Act, 1994 shall be held within a period of six months of its being notified as a Corporation.

(5) A Corporation constituted upon the dissolution of a Corporation before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dissolved.

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1. Section 7, 7-A and 7-B substituted by Punjab Act No. 12 of 1994

(1) Subject to the provisions of this Act and the rules made thereunder, the Government may, by notification, in the Official, Gazette, direct that a general election or an election to fill a casual vacancy of the Councillors of the Corporation, shall be held by such date as may be specified in the notification and different dates may be specified for elections for different Corporations or group or groups of Corporations.

(2) As soon as a notification is issued under sub-section (1), the State Election Commission shall take necessary steps for holding such general election.

(1) Whenever a vacancy occurs by death, resignation, removal or otherwise of an elected councillor, the same shall be filled up by way of election:

Provided that if the vacancy so occurred relates to the Scheduled Castes, Backward Classes or to women, it shall be filled up out of the persons belonging to the category to which the vacancy relates.

(2) A person elected to fill up a casual vacancy shall be elected for the remainder of his successor's term in office:

Provided that where the remainder of the period, for which a councillor is to be elected, is less than six months, it shall not be necessary to hold any election under this section to fill up such a vacancy.]

(1) For the purposes of election of councillors, the City shall be divided into single-member wards in such manner that the population of each of the wards shall, so far as practicable, be the same throughout the City.

(2) The Government shall, by order in the Official Gazette, determine the extent of each ward and the wards in which seats shall be reserved for Scheduled Castes.

The Corporation, with the previous approval of the Government, may from time to time by order in the Official Gazette, alter or amend any order made under section 8.

1[The Superintendence, direction and control of the preparation of electoral rolls, for, and the conduct of all elections to the Corporations shall vest in the State Election Commission.]

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1. Substituted by Punjab Act No. 12 of 1994

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

(1) A person shall be disqualified for being chosen as, and for being, a councillor,-

(a) if he is of unsound mind and stands so declared by a competent court;

(b) if he is an undischarged insolvent;

(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

(d) If he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of-

(i) any corrupt practice; or

(ii) any offence punishable under section 171-E or section 171-F of the Indian Penal Code or any offence punishable under section 32 or clause (a) of sub-section (2) of section 33 of this Act;

unless a period of five years has elapsed since the date of the finding;

(e) if he has been sentenced on conviction by a criminal court to imprisonment for an offence involving moral turpitude, unless a period of five years has elapsed since the date of the conviction;

(f) if he holds any office of profit under the Corporation;

(g) if he holds any office of profit under the Government;

(h) if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;

(i) if he is interested in any subsisting contract made with, or any work being done for the Corporation except as a share-holder (other than a director) in an incorporated company or as a member of a co-operative society;

(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of municipal authorities is interested or concerned;

(k) if he, having held any office under the Government, the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service, unless a period of four years has elapsed since his dismissal;

(l) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.

(2) Notwithstanding anything contained in sub-section (1)-

(a) a disqualification under clause (c) of that sub-section shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence, until that appeal or petition is disposed of;

(b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving--

(i) any pension; or

(ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor; or

(iii) any fee for attendance at a meeting of any committee of the Corporation;

(c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause(i) of that sub-section by reason only of his having a share or interest in--

(i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or

(ii) any agreement for the loan of money or any security for the payment of money only; or

(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or

(iv) the sale to the Corporation or to any other municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or

(v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work;

(vi) any agreement or contract with the Corporation or any other municipal authority for taking water or any other thing which the Corporation may generally supply.

(3) If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to penalty of three hundred rupees to be recovered as an arrear of tax under this Act.

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

[Omitted by Act 12 of 1994].

(1) Every councillor other than an associate councillor, shall, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely;-

"I, A, B., having been elected 1[----] as councillor of the Municipal Corporation of.... do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter".

(2) If a person sits or votes as a councillor before he has complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.

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1. Word "co-opted" omitted by Punjab Act No. 12 of 1994

(1) The Government may, by notification remove any councillor, other than an associate councillor, if in its opinion-

(a) he becomes subject to any of the disqualifications mentioned in section 13; or

(b) he has flagrantly abused his position as a councillor or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the Corporation; or

(c) he has become physically or mentally incapacitated for performing his duties as a member; or

(d) he absents himself during three successive months from the meetings of the Corporation without permission of the Corporation; or

(e) he absents himself from or is unable to attend the meetings of the Corporation during twelve successive months for any cause whatsoever whether approved by the Corporation or not; or

(f) he acts in contravention of the provisions of section 63:

Provided that before the Government notifies the removal of a councillor, the reasons for his proposed removal shall be communicated to him and he shall be given opportunity of tendering an explanation in writing:

Provided further that it shall no be necessary to give such opportunity where the Government is satisfied that it is not reasonably practicable to do so.

(2) If a councillor resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, he shall cease to be a councillor and his office shall thereupon fall vacant.

The councillors shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rate as may be determined by rules made in this behalf.

(1) The Corporation shall, in the prescribed manner, elect one of its members to be the Mayor and other two members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation.

1[(2) The election under sub-section (1) shall be conducted at a meeting of the Corporation to be convened immediately after the meeting held for making and subscribing oath or affirmation by the Councillors under section 35 but not later than one month from the date on which election of the councillors is notified under section 17.

(2-A) The term of office of a Mayor, Senior Deputy Mayor and Deputy Mayor shall be co-terminus with their term as councillors.]

(3) On the occurrence of any casual vacancy in the office of the Mayor, Senior Deputy Mayor or Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Senior Deputy Mayor or Deputy Mayor, as the case may be, and every person so elected shall hold office for the remainder of his predecessor's term of office.

(4) The Mayor or the Senior Deputy Mayor or Deputy Mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as Mayor or Senior Deputy Mayor or Deputy Mayor or his term of office as a member of the Corporation terminates in any manner or unless in the case of any of the Deputy Mayors he is elected as Mayor. They shall be eligible for re-election.

(5) The Mayor shall be entitled to the payment of such honorarium and may be given such facilities in respect of residential accommodation, telephone, conveyance and the like as may be prescribed.

(6) The Mayor shall have access to the record of the Corporation and may issue directions to the Commissioner or call for reports from him with a view to ensuring proper implementation of the decision of the Corporation.

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1. Substituted by Punjab Act No. 12 of 1994

A councillor holding office as a Mayor or Senior Deputy Mayor or Deputy Mayor may be removed from his office by a resolution of the Corporation passed by a majority of the total membership of the Corporation and by majority of not less than two-thirds of the members of the Corporation present and voting in a meeting of the Corporation in a prescribed manner.

(1) When the office of the Mayor is vacant, the Senior Deputy Mayor and in his absence, the Deputy Mayor shall act as Mayor until a new Mayor is elected.

(2) When the Mayor is absent from duty on account of illness or any other cause, the Senior Deputy Mayor, and in his absence the Deputy Mayor, shall act as Mayor during his absence.

(1) The Mayor may, by writing under his hand addressed to the Corporation and delivered to the Commissioner, resigns his office.

(2) The Senior Deputy Mayor or the Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the Commissioner resign his office.

(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.

(1) The Corporation may constitute as many ad hoc committees consisting of such number of councillors and for such terms as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.

(2) An ad hoc committee may with the sanction of the Corporation co-opt not more than three persons who are not members of the Corporation but who in the opinion" of the Corporation possess special qualifications for serving on such committee,

(3) The Corporation shall constitute a Water Supply and Sewerage Disposal Committee, a Buildings and Roads Committee, a House Tax Assessment Committee and such other committees as may be prescribed consisting of such number of councillors and for the exercise of such powers or discharge of such functions as may be prescribed.

(4) There shall also be a Finance and Contracts Committee of the Corporation comprising the Mayor, the two Deputy Mayors, two councillors elected by the councillors from amongst themselves and the Commissioners, and the aforesaid Committee shall exercise all the powers of the Corporation in relation to contracts to be entered into for and on its behalf and the purchases so be made by it.

(5) Each committee shall elect one of its members as the Chairman and another member as the vice-Chairman:

Provided that the Mayor shall be the ex-officio Chairman of the Finance and Contracts Committee.

(6) Any matter relating to committees not expressly provided in this Act may be provided by regulations made in this behalf.

1[(1) In respect of a Corporation having population of three lakhs or more, there shall be constituted by the Commissioner by order in writing such number of wards committees as may be determined by him:

Provided that a Wards Committee shall consist of not less than five wards.

(2) In constituting Wards Committees, the Commissioner shall maintain geographical contiguity as far as possible.

(3) Each Wards Committee shall consist of,-

(i) the Councillors elected from the Wards for which the Wards Committee is constituted;

(ii) the Commissioner of the Corporation who shall be the ex officio member; and

(iii) any other officers of the Corporation as the Commissioner may nominate to be ex officio members and one of the officers so nominated shall be the Secretary of the Wards Committee:

Provided that the number of ex officio members, appointed to a Wards Committee shall not be more than half the strength of the elected members of the Wards Committee:

Provided further that the ex officio members shall have the right to participate in the meetings of the Wards Committee but shall not have the right to vote.

(4) The Chairperson of the Wards Committee shall be elected by the elected Councillors from amongst themselves.

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1. Sections 42-A, 42-B and 42-C inserted by Punjab Act No. 12 of 1994

(1) There shall be constituted in every district, a District Planning Committee to consolidate the plans prepared by the Corporation in the District and to prepare a Draft Development Plan for the district as a whole.

(2) The manner in which the seats in the District Planning Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the Government, subject, however, to the provisions of Article 243-ZD of the Constitution of India.

(3) In preparing the draft development plan of the district, the District Planning Committee shall have regard to,-

(i) the matter of common interest between the Panchayats and Municipalities in the district including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation; and

(ii) the extent and type of available resources whether financial or otherwise.

(4) While preparing the draft development plan of the district, the District Planning Committee shall consult such institutions and organisations as the Government may, by order, specify.

(5) The chairperson of every District Planning Committee shall forward the draft development plan as recommended by such Committee to the Government.

(1) There shall be constituted in every Metropolitan Area, a Metropolitan Planning Committee to prepare a draft development plan of the Metropolitan Area as a whole.

(2) The manner in which the seats in such Committee are to be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee is to be chosen, shall be as the Government may prescribe, subject, however, to the provisions of Article 243 ZE of the Constitution of India.

(3) In preparing the draft development plan of a Metropolitan Area, the Metropolitan Planning Committee shall have regard to,-

(i) the plans prepared by the Municipalities, Panchayats and Corporations, as the case may be, falling within the jurisdiction of the Metropolitan Area;

(ii) the matters of common interest between the Corporations, Municipalities, Panchayats including co-ordinated spatial planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructural and environmental conservation;

(iii) the overall objectives and priorities set forth by the Government of India and the State Government; and

(iv) the extent and nature of investments likely to be made in the Metropolitan Area by agencies of the Government of India and of the State Government and other available resources whether financial or otherwise.

(4) While preparing the draft development plan of the Metropolitan area, the Metropolitan Planning Committee shall consult such institutions and organisations as the Government may, by order, specify.

(5) The Chairperson of every Metropolitan Planning Committee shall forward the draft development plan, as recommended by the Committee to the Government.]

(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder the Municipal Government of the City shall vest in the Corporation.

(2) Without prejudice to the generality of the provisions of sub-section (1) it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursements and all progress reports and pass such resolutions thereon as it thinks fit.