Keywords : Annual Value, Building, Building Line, Bye-law, Erect or Re-erect any Building, Occupier, Explosive and Petroleum, Infectious Disease, Inhabitant, Owner, Street, Public Street, Vehicle, Factory, Drug, Compost Manure
CHAPTER I
Preliminary
Section 1
- Title, extent and commencement. – (1) This Act may be called the Punjab Municipal Act, 1911.
(2) It extends only to the territories 1
[-] administered by the 2
[Government] of 3
[Punjab] and
(3) It shall come into force on 4
such day as the 5
[State] Government may, by notification in the Official Gazette, appoint in this behalf.
Section 2 - (1) Repeal. – The enactments mentioned in the Schedule are hereby repealed to
the extent specified in the fourth column thereof.
(2) Saving Clause. – But all municipalities constituted, committees established,
limits defined, appointments, rules, regulations, bye-laws and orders made, notifications and notices issued, taxes, tolls, rates and fees imposed or assessed, contracts
entered into, and suits instituted under the said Acts, or any enactment thereby repealed, shall, so far as may be, be deemed to have been respectively constituted,
The Punjab Municipal Act, 1911, Section 1 13 - Words “for the time being” omitted vide Government of India (Adaptation of Indian Laws) Order 1937.
- Substituted for the word “Lieutenant- Governor” by Punjab Act 3 of 1933, section 2.
- Substituted for “East Punjab” by Adaptation of Laws Order, 1950.
- This Act came into force on 1st October, 1911, see Punjab Gazette, 1911, Part I, page 527.
- Substituted for the word “Provincial” by the Adaptation of Laws Order, 1951.
established, defined, made, issued, imposed or assessed, entered into and instituted
under this Act.
Section 3 - Definitions – In this Act, unless there is something repugnant in the subject or
context.-
1
(1) “annual value” means –
(a) in the case of land or building which is in the occupation of a tenant, the
gross annual rent at which the land or building has actually been let:
Provided that in the event of increase in the rent, the Committee may make
corresponding increase in the annual value :
Provided further that where the land or building has been let by the owner to
any of his relations, and the Committee is of the opinion that the rent
fixed does not represent the true rent, the rent fixed under the agreement
of lease shall not be taken into consideration and the annual value shall
be determined in accordance with the principles contained in clause (b);
(b) in the case of land or building which is occupied by the owner, the annual value shall be five per cent on the sum obtained by adding the present market value of the land and estimated cost of erecting the building
less ten per cent depreciation :
Provided that in the calculation of annual value of any land and building, no
account shall be taken of the furniture or machinery thereon ;
(c) in the case of any land on which no building has been erected but on
which a building can be erected, and on any land on which a building
is in the process of erection, the annual value shall be fixed at five per
cent of the estimated market value of such land ;
(d) in the case of any land on which no building has been erected but on
which a building can be erected, or which is partially built and is being
used by erecting tents, temporary structures for the purpose of accommodating marriage parties, circus shows or for any entertainment purposes or such other purpose as may be specified in this behalf by the
Committee with the previous sanction of the State government the annual value shall be twenty per cent of the estimated market value of
such land;
Note: Section 3(1) of the Act as amended by Punjab Act 11 of 1994 has been struck down in the case
of Model Town Residents Association v. State of Punjab 2002(2) RCR(Civil) 248(P&H)(DB). The
unamended section is beein reproduced below;
(1) “Annual value” means
(a) in the case of land, “the gross annual rent at which it may reasonably be
expected to let from year to year” provided that in the case of land assessed to land revenue or of which the land revenue has been wholly or
in part released, compounded for, redeemed or assigned, the annual value
shall if, the State Government so direct, be deemed to be double the aggregate of the following amount, namely :
i) The amount of the land revenue for the time being assessed on the land,
14 The Punjab Municipal Act, 1911, Section 3 - Substituted by Punjab Amending Act 11 of 1994.
whether such assessment is leviable or not; or when the land revenue
has been wholly or in part compounded for or redeemed, the amount
which, but for such composition, or redemption would have been leviable; and
ii) When the improvement of the land due to canal irrigation has been excluded from account in assessing the land revenue the amount of
owner’s rate or water advantage rate or other rate imposed in respect of
such improvement;
(b) In the case of any house or building, the gross annual rent at which such
house or building, together with its appurtenances and any furniture that
may be let for use or enjoyment forthwith, may reasonably be expected
to let from year to year subject to the following deductions :
i) such deduction not exceeding 20 per cent of the gross annual rent as the
committee in each particular case may consider a reasonable allowance
on account of the furniture let therewith;
ii) a deduction of 10 percent for the cost of repairs and for all other expenses necessary to maintain the building in a state to command such
gross annual rent. The deduction under sub-clause shall be calculated
on the balance of the gross annual rent after the deduction (if any) under
sub-clause (i);
iii) where the land is let with a building, such deduction not exceeding 20
percent of the gross annual rent as the committee in each particular case
may consider reasonable on account of the actual expenditure, if any,
annually incurred by the owner on the upkeep of the land in a state to
command such gross annual rent;
Explanation-I. – For the purpose of this clause, it is immaterial whether the
house or building, and the furniture and the land let for use or enjoyment
therewith, are let by the same contract or by different contracts and if by
different contracts whether such contracts are made simultaneously or at
different times.
Explanation-II. – The term “gross annual value” shall not include any tax
payable by the owner in respect of which the owner and tenant have
agreed that it shall be paid by the tenant.
(c) in the case of any house building, the gross annual rent of which cannot
be determined under clause (b), 5 per cent on the sum obtained by adding
the estimated present cost of erecting the building, less such amount as
the committee may deem reasonable to be deducted on account of depreciation (if any) to the estimated market value of the site and any land attached to the house or building;
Provided that –
i) in the calculation of the annual value of any premises no account shall be
taken of any machinery thereon;
ii) when a building is occupied by the owner under such exceptional circumstances as to tender a valuation at 5 per cent on the cost of erecting the
building, less depreciation, excessive a lower percent age may be taken.
The Punjab Municipal Act, 1911, Section 3 15
1
(2) “building” means any shop, house, hut, outhouse, stable, a factory, an
industrial shed and a temporary structure erected by means of tents and
structures raised for entertainment purposes whether roofed or not and
whether used for the purposes of human habitation or otherwise and
whether of masonry, bricks, wood, mud, thatched, metal or any other material whatever, and includes a wall and a well;
(3) “bye-laws” and “bye-law” means respectively the regulations made or to
be made by the committee at a special meeting under the authority of this
Act and any of such regulations.
(4) “committee” means a Municipal Council or a Nagar Panchayat, as the
case may be, constituted under section 12 of this Act;
2
[(4a) “Deputy Commissioner” or “Deputy Commissioner of the District”
includes Additional Deputy Commissioner, Joint Deputy Commissioner
or any person or persons at any time appointed by the State Government
to perform in any district or districts the functions of a Deputy Commissioner under this Act:
3
[(4b) “District Planning Committee” means a Committee constituted under
Article 243 ZD of the Constitution of India;
(4c) ” election” means and includes the entire election process commencing
on and from the date of notification calling for such election of members
and ending with the date of declaration and notification of results thereof;
Provided that no official shall be so appointed unless he has for three years
exercised the powers of a magistrate of the first class.
(5) “erect or re-erect any building” includes –
(a) any material alteration or enlargement of any building,
(b) the conversion by structural alteration into a place for human habitation
of any building not originally constructed for human habitation,
(c) the conversion into more than one place for human habitation of a
building originally constructed as one such place,
(d) the conversion of two or more places of human habitation into a greater
number of such places,
(e) such alterations of a building as effect an alteration of its drainage or
sanitary arrangement, or materially affect its security,
(f) the addition of any rooms, buildings, out-houses or other structures to
any building, and
(g) the construction in a wall adjoining any street or land not belonging to
the owner of the wall, of a door opening on to such street or land.
4
[(5a) “Executive Officer” means an Executive Officer appointed under the
provisions of the Punjab Municipal (Executive Officer ) Act 2 of 1931.]
16 The Punjab Municipal Act, 1911, Section 3 - Substituted by Punjab Act 11 of 1994.
- Old (4a) omitted by Act 11 of 1994 and old 4(b) renumbered as 4a.
- Old 4a omitted by Punjab Act 11 of 1994 and old 4b renumbered as 4a.
- Municipal to which the Punjab Municipal (Executive Officer) Act, 1931, applies clause (5a) has been
inserted by Item No. 2, Schedule II, Punjab Act 2 of 1931.
1
[(5b) “ex-officio member” means a member referred to in clause (ii) of subsection (2) of section 12 of this Act;]
(6) “explosive” and “petroleum” have the meanings assigned to those words
in the Indian Explosives Act, 1884, and the Indian Petroleum Act, 1899,
respectively,
(7) “infectious disease” means cholera, plague, smallpox, 2
[tuberculosis] or
such other dangerous disease as the State Government may notify in this
behalf.
(8) “inhabitant” includes any person ordinarily residing or carrying on business, or owning or occupying immovable property, in any municipality
or in any local area which, the State Government has by notification under this Act proposed to declare to be a municipality ; and in case of any
dispute, means any person or persons declared by the 3
[Deputy Commissioner] to be inhabitant or inhabitants.
4
[(8a) “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.]
5
[(8aa) “market value” means the market value of the land or the building
which is determined in accordance with the principles contained in section 23 of the Land Acquisition Act, 1894, or is determined in accordance
with the provisions of the Registration Act, 1908;
(8b) “Municipal Council” means a Municipality constituted under sub- section (2) of section 4 of this Act for a smaller urban area ; and
(8c) “Municipal area” means the territorial area of a Municipality specified
under section 4 of this Act;’
6
[(9) “Municipality” means an institution of self government constituted as
a Nagar Panchayat or a Municipal Council under sub-section (2) of section 4 of this Act;]
[(9a) “Nagar Panchayat” means a Municipality constituted under sub- section (2) of section 4 of this Act for a transitional area;]7
8
[(9b) ‘newly constituted committee’ means a committee the members
whereof have been elected at a general election but have been not taken
or made an oath or affirmation of allegiance as required under section
24;]
(10) “occupier” includes an owner in actual occupation of his own land or
building, and also any person for the time being paying or liable to pay
to the owner the rent or any portion of the rent of the land or building in
respect of which the word is used : for the purposes of Chapter V and IX
The Punjab Municipal Act, 1911, Section 3 17 - Added by Punjab Act 11 of 1994.
- Inserted by the Punjab Municipal (Amendment) Act, 1933, section 3.
- Substituted by Punjab Act 34 of 1953, section 5, Schedule II, for “Commissioner”.
- Added by Act 6 of 1995.
- Added by Punjab Act 11 of 1994 as (8a) and renumbered by Act 6 of 1995.
- Substituted by Punjab Act 11 of 1994.
- Substituted by Amending Act 11 of 1994.
- Inserted by Punjab Act 10 of 1972 and renumbered from 9(a) to 9(b) by Act 11 of 1994.
occupier shall include hotel-keeper, lodging house-keeper, and any
owner whose premises are let to more than one tenant.
(11) “owner” includes the person for the time being receiving the rent of land
and buildings, or either of them, whether on his own account or as agent
or trustee for any person or society or for any religious or charitable purpose or who would so receive the same if the land or building were let to
a tenant.
(11a) ” population” means the population as ascertained at the last preceding
Census, of which the relevant figures have been published;
1
[(11aa) “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) and fitting affixed to a building or part of a building for the more beneficial enjoyment thereof;]
(11b) “relation” in relation to an owner of any land or building means wife,
husband, son, son-in-law, daughter, daughter-in-law, brother brother-inlaw, sister, sister-in-law of such owner;”;
(12) “rules” and “rule” mean, respectively, the rules made or to be made and
notified by the State Government under the authority of this Act, and any
one of such rules.
(12a) “State Election Commission” means the Election Commission Constituted by the State Government under articles 243 K and 243 ZA of the
Constitution of India;”.
2
[(3) (a) “street”, shall mean any road, footway, square, court, alley, 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 about thereon, and if it is used by any person as a means of access to or from any public place or thoroughfare, whether such persons
be occupiers of such buildings or not, but shall not include any part of
such space which the occupier of any such building has a 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, up to the boundary of any abutting property not accessible to the
public.
(b) “public street” shall mean any street-
(i) heretofore levelled, payed, metalled, channelled, swerved, or repaired
out of municipal or other public funds, unless before such work was
carried out there was an agreement with the proprietor that the street
18 The Punjab Municipal Act, 1911, Section 3 - Added by Act 6 of 1995
- Substituted by Punjab Act 3 of 1933.
should not thereby become a public street, or unless such work was
done without the implied or express consent of the proprietor; or
(ii) which under the provision of section 171, is declared by the committee
to be, or under any other provision of this act becomes, a public street.
(14) “vehicle” shall include bicycles, tricycles and automotor cars, and every
wheeled conveyance which is used or capable of being used on a public
street.
1
[(15) “Medical Officer of Health” means such person as the committee has
appointed Medical Officer of Health, or such person as the [State] Government may by notification appoint Medical Officer of Health or failing
such appointment, the District Medical Officer of Health.]
(16) “factory” shall have the meaning assigned to it in the Indian Factories
Act, 1911.2
3
[(17) “Public place” means a space which is open to the use or enjoyment
of the public whether or not private property and whether or not vested
in the committee.
(18) (a) “built area” is that portion of a municipality of which the greater part
has been developed as a business or residential area.
(b) “unbuilt area” is an area within the municipal limits which is declared to
be such at a special meeting of the committee by a resolution confirmed
by the State Government, or which is notified as such by the State Government.]
4
[(19) “dung” for the purposes of sections 154-A and 154-B shall include
night-soil, sewage, sullage, sludge, refuse, filth or rubbish or animal matter of any kind.
(20) “compost manure” means the produce prepared from dung by subjecting
it to the process of compost making in the manner prescribed by rules.]
5
[(21) “prescribed” means prescribed by rules made under this Act.]
Section 4 - Specification of Local areas to be smaller urban areas or transitional areas
and constitution of Municipal Councils and Nagar Panchayats. 6
(1) The State
Government may, having regard to 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 transitional area or a smaller urban area for the purposes of this Act :
Provided that no military cantonment or any part thereof shall be included in
such transitional area or a smaller urban area :
Provided further that such an urban area or part thereof, as the State GovernThe Punjab Municipal Act, 1911, Section 4 19 - Substituted by Punjab Act 11 of 1994. Substituted by Punjab Act 3 of 1993.
- Since repealed, Now see The Factories Act, 1948.
- Clause 17 and 18 were inserted by Punjab Act 3 of 1933. Section 3 (vi).
- Inserted by East Punjab Act 20 of 1249, section 2.
- Clause 21 inserted by Punjab Act 24 of 1973, section 2.
- Substituted by Act 11 of 1994
ment 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 shall not form part of a transitional
area or a smaller urban area.
(2) Where an area is specified as a transitional area or as a smaller urban area under
sub-section (1), the State Government may, by notification in the Official Gazette,
constitute for the transitional area so specified a Nagar Panchayat and for the smaller
urban area so specified a Municipal Council of the first class, second class or third
class :
Provided that the State Government may, after consulting the Municipal
Council by notification change its classification from one class to another.
(3) where any area which is within the jurisdiction of any other local authority, is
constituted as or included in a transitional area or smaller urban area, the State Government may pass such orders as it may deem fit as to the transfer of such area to the
Nagar Panchayat of such transitional area or disposal otherwise, of the assets or institutions of such local authority and as to the discharge of the liabilities, if any, of
such local authority, relating to such assets or institutions.
(4) Where any area is excluded from a transitional area or a smaller urban area and
included in the area of any other local authority, the State Government may pass such
orders as it may deem fit as to the transfer to such local authority or disposal otherwise of, the assets or institution, of such local authority in that area or as to the
discharge of the liabilities, if any, of such local authority, relating to such assets and
institutions.
(5) Every area, which immediately before the commencement of the Punjab Municipal (Amendment) Act 11, 1994 was constituted as a Municipality under this Act,
shall be deemed to have been constituted as smaller urban area under sub-section (1)
and Municipality existing for that area before such commencement and specified in
Schedule II shall be deemed to have been constituted under this Act for that area.
(6) Every area, which immediately before the commencement of the Punjab Municipal (Amendment) Act 11, 1994, was constituted as a Notified Area under section
241 of this Act, shall be deemed to have been specified as a transitional area or a
smaller urban area under sub-section (1), and a Municipality of the category as indicated in schedule III shall be deemed to have been constituted under this Act for that
area.
Section 5
1 - Alteration of limits of Municipality.(1) The State Government may, from
time to time, keeping in view the provisions of sub-section (1) of section 4 and after
consultation with the concerned Municipality, by notification in the Official Gazette
alter the limits specified for any municipal area so as to include therein or to exclude
therefrom such area as may be specified in the notification.
(2) The power to issue a notification under sub-section (1) shall be subject to the
condition of previous publication.
20 The Punjab Municipal Act, 1911, Section 5 - Substituted by Punjab Act No. 11 of 1994.
Section 6 - Section 6 omitted by Act 11 of 1994.
Section 7 - Section 7 omitted by Act 11 of 1994
Section 8 - Reservation of Seats. 1
(1) In every Municipality, out of the total number of
elected members determined under sub-section (3) of section 12, the State Government shall, by notification, reserve-
(a) such number of seats for the Scheduled casts as may be determined by the
State Government, 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 in that Municipality, as the
population of the Scheduled Castes, in the Municipal area bears to the total population of that area, and, such seats may be allotted by rotation to
different constituencies to be known as wards in the Municipality;
(b) one seat for the Backward Classes, and, such a seat may be allotted by rotation to different constituencies to be known as wards in the Municipality.
(2) Not less than one-third of he total number of seats reserved under clause (a) of
sub-section (1) 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 Scheduled Castes) of the total number of seats to be filled by direct
election in every Municipality shall be reserved for women and such seats may be allotted by rotation to different constituencies to be known as wards in the
Municipality.
Explanation.-In this section the expression,-
(a) “Scheduled Castes” shall have the meaning assigned to them in clause
(24) of Article 366 of the Constitution of India; and
(b) “Backward Classes” means the Backward Classes as the State Government may, from time to time, declare by issuing a notification in the Official Gazette.”.
Section 8-A
8-A. Reservation of offices Presidents. 2
Offices of Presidents of the Municipalities in the State shall be reserved by rotation in the prescribed manner in the following
ratio, namely :-
(a) five per cent for the Scheduled Castes;
(b) five per cent for women including women belonging to the Scheduled
Castes ; and
(c) two per cent for the Backward Classes.
Section 9 - Section 9 Omitted by Act 11 of 1994.
The Punjab Municipal Act, 1911, Section 6 21 - Substituted by Act 11 of 1994
- Added by Act 11 of 1994.
Section 10 - Section 10 Omitted by Act 11 of 1994.
Section 11 - Section 11 Omitted by Act 11 of 1994.
Section 12 - Composition of Municipalities. 1
(1) A Municipal Council or a Nagar
Panchayat constituted under section 4 shall consist of a body of members, specified
in section (3), having authority over such area.
(2) The Nagar Panchayat or the Municipal Council constituted under sub- section
(1) shall be a body corporate having perpetual succession and a common seal with
powers, subject to the provisions of this Act, to hold, acquire and dispose of property
and may by that name sue or be sued.
(3) The Nagar Panchayat or the Municipal Council constituted under sub- section
(1) shall consist of the following members, namely :-
(i) such number of elected members as may be determined from time to time
by the State Government in accordance with the prescribed principles;
and
(ii) all members of the Legislative Assembly of the State representing constituencies comprising wholly or partly the Municipal area.”
Section 12-A
Section 12-A [Omitted by Act 11 of 1994]
Section 12-B
Section 12-B [Omitted by Act 11 of 1994]
Section 12-C
Section 12-C [Omitted by Act 11 of 1994]
Section 12-D
Section 12-D [Omitted by Act 11 of 1994]
Section 12-E
Section 12-E [Omitted by Act 11 of 1994]
Section 13 - Duration of Municipalities. 2
(1) Every Municipality 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” means the meeting of the newly constituted Municipality held for the election of its President and Vice- President under
section 20 of this Act.
(2) All Municipalities 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
Legislature.
(3) An election to constitute a Municipality shall be completed,-
22 The Punjab Municipal Act, 1911, Section 10 - Substituted by Act 11 of 1994.
- Substituted by Act 11 of 1994
(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 Municipality would have continued is less than six months, it shall not be
necessary to hold any election under clause (b) for constituting the municipality for such period.
(4) The first election to a Municipality constituted under this Act after the commencement of the Punjab Municipal (Amendment) Act 1994, shall be held within a
period of six months of its being notified as such.
(5) Elections to the Municipalities where no elected body exists immediately before
the commencement of Punjab Municipal (Amendment) Act 1994, shall be held
within a period of six months from the date of such commencement. - A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which
the dissolved Municipality would have continued under sub- section (1) had it not
been so dissolved.
Section 13-A
13-A. Power of State Government to direct holding of general election. 1
(1)
Subject to the provisions of this Act and the rules made thereunder, the State Government, may, by notification, direct that a general election of the members of the
Municipalities or an election to fill a casual vacancy shall be held by such date as may
be specified in the notification and different dates may be specified for elections for
different Municipalities or group or groups of Municipalities.
(2) As soon as a notification is issued under sub-section (1), the Election Commissioner shall take necessary steps for holding such general election.
Section 14 - Dissolution of Municipalities. 2
(1) If in the opinion of the State Government,
a Municipality is not competent to perform its duties or persistently makes default in
the performance of duties imposed on it by or under this Act or any other law for the
time being in force, or exceeds or abuses any of its powers, the State Government
may, by an order publish, alongwith reasons thereof, in the Official Gazette, dissolve
such Municipality:
Provided that a Municipality shall be given a reasonable opportunity of being
heard before its dissolution.
(2) When a Municipality is dissolved under sub-section (1),-
(i) all members of the Municipality shall vacate their offices forthwith;
(ii) all powers and duties of the Municipality during its dissolution shall be
exercised and performed by such person or authority, as the State Government may, by notification, appoint in this behalf; and
(iii) all property in possession of the Municipality shall be held by the State
Government.
The Punjab Municipal Act, 1911, Section 13-A 23 - Added by Act 11 of 1994.
- Substituted by Act 11 of 1994.
(3) Upon dissolution of a Municipality under sub-section (1) the State Government
shall re-constitute a Municipality as specified under section 12 and election to reconstitute such Municipality shall be completed before the expiration of a period of six
months from the date of dissolution:
Provided that where the remainder of the period for which dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for reconstituting the
Municipality for such period.
(4) The Municipality reconstituted upon the dissolution of the existing Municipality before the expiration of its duration, shall continue only for the remainder of the
period for which the dissolved Municipality would have continued under section 13
had it not been so dissolved.
Section 15
1
[15. Resignation of member of committee.- If a member of committee wishes to
resign his office he shall submit an application in writing through the Deputy Commissioner to the State Government. If such resignation is accepted, it shall be notified
in the gazette on a date not less than 15 days and not more than 60 days after the receipt of the said member’s application by the Deputy Commissioner whereupon the
member shall be deemed to have vacated his seat:
Provided that if a member who has submitted an application to resign wishes
to withdraw his resignation he may apply to the Deputy Commissioner
within 15 days of the receipt by the Deputy Commissioner of his application to resign, and the application to resign shall then be deemed to
have been withdrawn.]
Section 16 - Powers of the State Government as to removal of members:-(1) The State
Government may, by notification 2
[remove any member of a committee other than an
associate member] :
(a) if he refuses to act, or becomes, in the opinion of the State Government,
incapable of acting, or has been declared a bankrupt or an insolvent or has
been convicted of any such offence or subjected by a criminal court to
any such order as implies, in the opinion of the State Government, a defect of character which unfits him to be a member,
(b) if he has been declared by notification to be disqualified for employment
in, or has been dismissed from, the public service and the reason for the
disqualification or dismissal is such as implies in the opinion of the State
Government a defect of character which unfits him to be a member;
(c) if he has 3
[without reasonable cause in the opinion of the State Government absented himself for more than three consecutive months from the
meetings of the committee.
(d) if his continuance in office is, in the opinion of the State Government,
dangerous to the public peace or order;
(e) if, in the opinion of the State Government he has flagrantly abused his po24 The Punjab Municipal Act, 1911, Section 15 - Substituted for the old section by Punjab Act 3 of 1933, section 6.
- Substituted by Punjab Act 10 of 1972, section 8.
- Vide Punjab Act 2 of 1923.
sition as a member of the committee or has through negligence or misconduct been responsible for the loss, or misapplication of any money or
property of the committee:]1
2
(f) if he has, since his election or co-option, become subject to any disqualification which, if it had existed at the time of his election or co-option,
would have rendered him ineligible under any rule; for the time being in
force regulating the qualification of candidates for election, or if it appears that he was at the time of his election or co- option, subject to any
such disqualification:]
3
[(g) if, being a legal practitioner, he acts or appears in any legal proceeding
on behalf of any person againt the committee, or on behalf of or against
the Government where in the opinion of the State Government such action or appearance is contrary to the interests of the committee.
4
[Provided that before the State Government notifies the removal of a member under the section, the reasons for his proposed removal shall be communicated to the member concerned and he shall be given an opportunity
of tendering an explanation in writing].
5
[(2) A person removed under this section 6
[…. …] or whose election or appointment
has been deemed to be invalid under the provisions of sub-section (2) of section 24,
or whose election has been declared void for corrupt practices or intimidation under
the provisions of section 255, or whose election the State Government 7
[or the Deputy Commissioner] has under section 24 refused to notify, shall be disqualified for
election for a period not exceeding five years:
Provided that a person whose election or appointment has been deemed to be
invalid under the provisions of sub-section (2) of section 24, shall not be
disqualified for election or appointment for a period exceeding two years
from the date of disqualification.8
[(3) A person, whose seat has been vacated under the provisions of section 14(2) may be disqualified for election for a period not exceeding five years.]
Section 17 - Filing of casual vacancies of Members. 9
(1) Whenever a vacancy occurs by
death, resignation, removal or otherwise of a member, 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 it relates.
(2) A person elected to fill up a casual vacancy shall be elected for the remainder
of his successors’ term of office :
Provided that where the remainder of the period for which a member is to be
