1995(1) ALL INDIA LAND LAWS REPORTER 397

 

18.      Incorporation of committee: - Every committee shall be a body corporate by the name of the municipal committee of its municipality; and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act, or  of any rules made there under to transfer any property held by it to contract and to do all other things necessary for the purposes of its constitution; and may sue and sued in its corporate name.

 

6[19. Officers, Servants and Members to be Public Servants:- Every officer or servant employed by the committee whether for the whole or part of his time and every member of the committee shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.]

 

20(1). Election of President and Vice-President.- 7 “Every Municipality shall, from time to time, elect one of its members to be its President, and the member so elected shall, on being notified by the State Government shall become President of the Municipality.”

           (2)       Every Municipality may also, from time to time, elect one or two of its members to be Vice-President or Vice-Presidents and when two Vice-Presidents are elected on the same date, the Municipality shall declare which of them shall be deemed to the senior.

           (3)       Notwithstanding anything contained in this section an ex-officio member shall not be eligible for election as President or Vice-President of the Municipality.”

 

“21.     1term of office of President and Vice-President: - The term of office of President of a Municipality shall be co-terminus with the term of the Municipality.

           (2)       The term of office of Vice-President of the Municipality shall be such as the Municipality may fix under its bye-laws.

           (3)       An outgoing President or the Vice-President shall, if otherwise qualified, be eligible for the re-election.”

 

22.      Resignation [or removal]2 of President and Vice-President – Wherever a President or Vice-President vacates his seat or tenders in writing to the committee his resignation of his office, he shall vacate his office; and any President or Vice-President may be removed from office by the 3[State] Government on the ground of abuse of his powers of or habitual failure to perform his duties or in pursuance of a resolution requesting his removal passed by two-thirds of the members of the committee:

           4[Provided that if a resolution requesting the removal of the President or the Vice-President is passed by two thirds of the members of the committee the President or, as the case may be the Vice-President shall be deemed to be under suspension immediately after such resolution is passed]:

Provided further that before the 5[State] Government notifies his removal, the reason for his proposed removal shall be communicated to him by means of a registered letter in which he shall be [called upon] 6 to tender within twenty-one days an explanation in writing and if no such explanation is received in the office of the 7[appropriate Secretary to Government] within twenty one days of the dispatch of the said registered letter, the 8[State] Government may proceed to notify his removal.

CASE LAW

           Section 22 – Voting out of President of a municipality – Total number of members 17 including the associate/Ex-officio member – Votes polled in favour of resolution is 11 – Associate member whereas is not entitled to vote but is a member all right – Resolution passed by 11 members is not passed by two third members as required by Section 22 of the Act-Legislature has not defined the strength as “two – third members of the committee excluding the associate member” – It is a motion not passed but lost – Writ petition dismissed.

 

1995 (2) ALL INDIA LAND LAWS REPORTER 369

 

23. Casual vacancies in office of President or Vice-President – Upon the occurrence of any vacancy in the office of President or Vice-President, a new President or Vice President shall be elected [ ]9 in manner provided by Section 20.

 

10[24. Notification of election and oath or affirmation of allegiance – (1) No elected member of a Municipality shall enter upon his duties as such member until he has taken or made, at a meeting of the Municipality, an oath or affirmation of his allegiance to India in the following form, namely: -

           “I. A.B. having been elected Member of the Nagar Panchayat or Municipal Council of …………… do hereby solemnly swear (or affirm) that I will be faithful and bear true allegiance to India and to the Constitution of India as by the law established and I will faithfully discharge the duties upon which I am about to enter”.

           (2)       The State Government shall notify in the Official Gazette every election of President of a Municipality and no President shall enter upon his duties as such until his election is so notified:

           Provided that the State Government may refuse to notify the election as President of any person who has incurred a disqualification under this Act or under any other law for the time being in force, subsequent to his election as member of the Municipality.

           Provided further that the State Government shall not refuse to notify the election of the President without giving an opportunity of being heard to the concerned person.”

 

Conducted of Business

25.      Times of holding meetings. – (1)  Every committee shall meet for the transaction of business at least once in every month at such time as may, from time to time, be fixed by the bye-laws.

(2)       The President or, in the absence 1[or during the vacancy of his office 2[or during his suspension under Section 22] a Vice-President may, whenever he thinks fit and shall on a requisition 3[specifying the purpose of the meeting made in writing] by not less than one fifth of the members of the committee, convene either an ordinary or a special meeting at any other time.

4[(3) If the President or the Vice-President, as the case may be, fails to call a meeting of the committee within a period of fourteen days from the date of receipt of requisition, the members who had signed the requisition may convene a meeting of the committee in accordance with the bye-laws of the committee within a period of thirty days of the making of such requisition and notwithstanding anything contained in this Act such meeting shall be deemed to be a validly conveyed meeting:

Provided that no business other than that specified in the requisition shall be transacted in such meeting and the quorum for such a meeting shall be as provided for a special meeting under sub-section (1) of Section 27.

 

26.      Ordinary and special meeting. – (1) Every meeting of committee shall be either ordinary or special.

(2)       Any business may be transacted at any ordinary meeting unless required by this Act or the rules to be transacted at a special meeting.

5[(3) When a special and an ordinary meeting are called for the same day the special meeting shall be held as soon as necessary quorum is present.]

 

27.      Quorum – (1) The quorum necessary for the transaction of business at a special meeting of a committee shall be one-half of the number of the committee actually serving at the time, be fixed by the bye-laws, but shall not be less than three:

Provided that, if at any ordinary or special meeting of a committee a quorum is not present, the chairman shall adjourn the meeting to such other day as he may think fit, and the business which would have been brought before the original meeting if there had been a quorum present shall be brought before, and transacted at, the adjourned meeting, whether there be a quorum present thereat or not.

 

28.      Chairman of meeting – At every meeting of a committee the President, if present, or, in his absence or during the vacancy of office, 1[or during his suspension under Section 22 the senior Vice-President present, and if there be no President or Vice-President present then such one of their number 2[othe rthan an associate member] as the members present may elect shall preside as chairman.

 

29.      Vote of majority decisive. – Except as otherwise provided by this Act or the rules, all questions which come before any meeting of a committee shall be decided by a majority of the votes of the members present, the chairman of the meeting, in case of an equality of votes, having a second or casting vote.

 

30.      Record and publication or proceedings. – (1) minutes of the proceedings at each meeting of a committee shall be drawn up and recorded in a book to be kept for the purpose, shall be signed by the chairman of the meeting or of the next ensuing meeting, shall be published in such manner as the 3[State] Government may direct, and shall, at all reasonable times and without charge, be open to inspection by any in-habitant.

(2)       A copy of every resolution passed at any meeting of a committee shall, within three days from the date of the meeting, be forwarded to the Deputy Commissioner.

 

4[31.    Bye-Laws. – Every committee may, from time to time, and shall, if so required by the 5[State] Government provide by bye-laws consistent with this Act and with the rules for]

(a)   the time and place of its meeting;

(b)   the manner in which notice of ordinary and special meetings and adjourned meetings shall be given;

(c)   the quorum necessary for the transaction of business at ordinary meetings;

(d)   the conduct of proceedings at meetings and the adjournment of meeting;

(e)   the custody of the common seal and the purposes for which it shall be used;

(f)    the appointment of sub-committees and their duties, the division of duties among the members of the committee and the powers to be exercised by such members as are primarily responsible for the current executive administration, whether Presidents, Vice-Presidents members of sub-committees or individual members;

(g)   the persons by whom receipts shall be granted on behalf of the committee for mone9y received under this Act;

6[(gg) the condition on which registers, documents, maps and plans of the  Committee may be inspected by the public, and copies of them supplied and the fees payable for such inspection or for the supply of such copies.

(h)   The appointment, duties, executive powers, leave, suspension and removal of its officers and servants;

(i)     The term for which a Vice-President shall hold office;

(j)     Appeal from executive orders of sub-committees, the President, Vice-President, member, officers and servants of the committee;

(k)   All other similar matters.

7[(2) No bye-laws made under clause (c) or clause (d) or clause (f) of sub-section

(1)  shall take effect until it has been approved by the State Government.]

(3)  Every bye-law made under this section shall be published in such manner as the State Government may direct.

 

1[32.    Delegation of certain powers and functions of State Government. – The State Government may, by notification, delegate all or any of its powers under this Act, except the power to frame forms or make rules under Section 240, to any officer not below the rank of an Extra Assistant Commissioner, subject to such restrictions and conditions as may be specified in the notification.]

 

2[33. Delegation of certain powers and functions of committees. – (1) Notwithstanding anything in this Act every committee may subject to the provisions of Section 46, with the previous sanction of the State Government 3[….] by resolution delegate: -

(a)       to the President, a Vice-President, the Secretary or a sub-committee all or any of the powers conferred upon ‘the committee by Sections 39, 72, 75, 97, 98, 101, 4[ ] 109 (1), 110, 113, 114, 115, 115-A, 117, 118, 119, 122, 124, 126,           127, 128, 129, 130, 131, 140, 142, 143, 145(b) and (c), 166, 169 (c), 170, 170-A(1) and (2), 172(2), 173, 176, 5[176-A], 191-A, 203 to 208 (both inclusive), 210, 211 212 and 220;

(b)       to the Medical Officer of Health all or any of the powers conferred upon the committee under Sections 39, 105, 109, 113, 114, 115, 115-A, 116, 117, 118, 119, 125, 126, 128, 131, 142, 143, 144, 145, clauses (b) and (c), 146, 149, 155, 157, 166 182, 203, 204, 205, clause (b), 206, 208, 211 and 212;

(a)              and to the Inspector-General of Civil Hospitals, Civil Surgeon of the district or any officer of the Department of Public Instructions or Public Health all or any of the powers conferred upon the committee under Section 39;

(b)             and to the Municipal Engineer the powers conferred upon the committee under Section 195-A and under Section 195, except to the extent that composition under that section shall require the sanction of the committee;

in respect of all or particular classes of cases arising under these sections, and for the whole or any part of the municipality and may, by resolution, withdraw the power so delegated.

 

(2) The delegation by the committee of any power under sub-section (1) may be made subject to the condition that all or any orders made in pursuance or such delegation shall be subject to the right of appeal to or revision by, the committee within such period as may by bye-law be prescribed.]

 

34.      Appointment of wards sub-committees. – (1) With the previous sanction of the 6[State] Government, and subject to such conditions as the State Government may prescribe, 7[a committee may appoint a sub-committee consisting of such members as it may deem fit for the management of any one or more wards] and may delegate to the sub-committee all or any of the powers of the committee to be exercised within the ward or wards.

           (2)       The sub-committee shall, if necessary, from time to time, appoint one of its members to be chairman of the sub-committee

 

8[35.    Extraordinary powers of President or Vice-President in case of emergency. – (1) On the occurrence of threatened occurrence of any event involving or likely to involve extensive damage to property or danger to human life or grave inconvenience to the public, the President or the Executive Officer or, in the absence of the President or during the vacancy of his office, a Vice-President may, if in his opinion there is an emergency necessitating action before the matter can be considered by the committee, direct the execution of any such work or the doing of any such act which the committee is empowered to execute or do, as the emergency shall in his opinion justify or require, and may direct that the expense of executing such work or doing such act be paid from the municipal fund:

           Provided that every such action taken under this section shall be reported to the committee at its next meeting.

           (2)       The President or Vice-President 1[or the Executive Officer] shall not act under this section in contravention of any order of the committee.

           (3)       The President 2[or in his absence] or during the vacancy of his office a Vice-President may prohibit, until the matter has been considered by the committee, the doing of any act which is in his opinion undesirable in the public interest:

           Provided that the act is one which the committee has power to prohibit.

           (4)       No different given in this section shall be questioned in any court on the ground that the case was not one of emergency.

 

JOINT COMMITTEES

36.      Joint committees. – A committee may concur with any other committee, or with any district board, or with any cantonment authority, or with more than one such committee, board or authority in appointing out of their respective bodies a joint committee for any purpose in which they are jointly interested and in delegating to any such joint committee any power which might be exercised by either or any of the Committees, boards or authorities concerened, and in framing or modifying regulations as to the proceedings of any such joint committee, and as to the conduct of correspondence relating thereto.

 

DEFECTS IN CONSTITUTION AND IRREGULARITIES

 

37.      Vacancies and irregularities not to invalidate proceedings.- No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in any committee or joint committee, or on account of any defect or irregularity not affecting the merits of the case.

 

OFFICERS AND SERVANTS

3[38.    Constitution of municipal services. – (1) Notwithstanding anything contained in this Act, the State government may by notification, constitute in the pr5escribed manner all or any of the following Municipal Services, namely: -

(i)        Punjab Service of Municipal Executive Officers;

(ii)              Punjab Service of Municipal Engineers and Sectional Officers.

(iii)            Punjab Service of Municipal Health Officers;

(iv)            Punjab Service of Municipal Secretaries;

(v)             Punjab Service of Municipal Accountants: and

(vi)            Such other Municipal Services as the State Government may decide.

(2)       The State Government may make rules for regulating the recruitment and the conditions of service of members of the Municipal Services referred to in sub-section

(1)             and for the classification of such Services. 

 

(3)       The State Government may transfer any member of a Municipal Service from a post in one committee to a post carrying the same scale of pay in another committee.

(4)       The salary, allowances, gratuity, annuity, pension and other payments required to be made to the members of the Municipal Services in accordance with the conditions of their service shall be charged from the municipal fund in the prescribed manner.

(5)       Creation of posts in a Municipal Service and appointment of members thereto shall be made by the State Government or by an authority empowered by the State Government in this behalf after taking into consideration the requirements of the Committees and their financial capacity but no such members hall be deemed to have been appointed to any civil service or post under the State.

(6)       Every person, who, immediately before the issue of notification under sub-section (1), is serving I a committee on a post in relation to which a Municipal Service is constituted, shall, on the issue of such notification, become a member of the corresponding Municipal Service, if he is found fit by an authority appointed by the Government in this behalf for becoming such a member on the basis of his qualification and service record:

Provided that his terms and conditions of service in so far as the relate to relate to remuneration, gratuity and provident fund shall not be varied to his disadvantage on his becoming a member of the Municipal Service:

Provided further that any such person may, by notice in writing given to the State Government, within a period of thirty days of the constitution of the Municipal Service, intimate his intention of not becoming a member of such Service and where such an intimation is given that person will not become a member of the corresponding Municipal Service and will continue to be governed by the same terms and conditions of service as were applicable to him immediately before the constitution of the Municipal Service.

1[(6-A). In the case of a person who is not found fit under sub-section 6 for becoming a member of the corresponding Municipal Service the post on which he is serving shall be deemed to have been abolished on the commencement of the Punjab Municipal (Second Amendment) Act, 1976, if the decision that he is not so fit was taken at any time before such commencement and in the case of others as and when such a decision is taken:

Provided that the Government may appoint such a person, with his consent on a post in any other Municipal Service to which he may be found suitable.]

2[(7) Recruitment of members of the Municipal Service referred to in sub-section (1) shall be made by the State Government or by any authority empowered by the State Government in this behalf and nothing contained in the Punjab Public Service Commission (Additional Functions) Act, 1955, shall be deemed to apply to or require consultation with the Punjab Public Service Commission in respect of such requirement.]

 

39.      Employment of other officers and servants. – (1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, a committee may, and if so required by the State Government shall, employ other officers and servants and may assign to such officers and servants such remuneration as it may think fit, and may suspend, remove, dismiss, or otherwise punish any officer or servant so appointed.

           3[Provided that no person who is a member of a committee shall be employed by a committee during the tenure of his term and for a period of twelve months thereafter.]

           4[(2) Nothing in this section shall prevent the State Government from making any provision in the rules under this Act for the reservation of appointment or posts and to lay down methods to secure such reservation in favour of members of the Scheduled Castes, the Scheduled Tribes and such other backward classes of citizens which in the opinion of the State Government are not adequately represented in the services under the Municipal Committee.]

 

1[40.[…]

 

41.      Powers to demand punishment or dismissal. – If in the opinion of the 2[State] Government any officer or servant of the committee is negligent in the discharge of his duties, the committee shall on the requirement of the 3[State] Government, suspend, fine or otherwise punish him; and if in the opinion of the 4[State] Government he is unfit for his employment, the committee shall dismiss him]

           5[Provided that before requiring the committee to suspend, fine or otherwise punish any officer or servants or before declaring any officer or servant as unfit for employment, the State Government shall give to the concerned office or servant an opportunity of being heard.]

 

42.      Power to prevent extravagance in establishments. – If, in the opinion of the 6[Deputy Commissioner], the number of person employed by a Committee as officers or servants, or whom the Committee may propose to employ as such 7[other than those officers or servants, in respect whereof a Municipal Service has been constituted] or the remuneration assigned by the committee to those persons or any of them is excessive, the committee shall, on the requirement of the 8[Deputy Commissioner], reduce the number of those persons or the remuneration, as the case may be: -

           Provided that the committee may appeal against any such requirement to the State Government, and the decision of the State Government, on any such appeal shall be final.

 

43.      Pensions, leave allowances and provident fund. – If an officer or servant of a committee is 9[person in the service of the 10(Government)], the committee may - 

(a)              if his services are wholly lent to it, 11[make such contributions to his pensions, gratuity and leave allowances as may be required by the conditions of his service under the 12[Government] to be paid by him or on his behalf]; and

(b)             if he devotes only a part of his time to the performance of duties on behalf of the committee, contribute to his pension gratuity and leave allowance in such proportion as may be determined by the State Government.

(2)             If an officer or servant of a committee is not a 13[person in the service of the 14(Government)], the committee may, subject to such conditions as the State Government may prescribe-

(a)              grant him leave, absentee or acting allowance; and

           15[(b)   if his pay is less than 16(seventy rupees) a month, either permit him to contribute to a provident or annuity fund established under (c) or grant him a gratuity on retirement; and

           (c)       if his pay is over seventy rupees a month establish and maintain a provident or annuity fund and compel him to contribute thereto.]

           (d)       where such a fund has not been established or where such a fund has been established but he has been contributing thereto for less than the whole of his service, grant him a gratuity or purchase or arrange for an annuity for him on his retirement.

           (3)       With the sanction of the 1[State] Government the committee may give an extraordinary pension or gratuity -

(a)              to any officer or servant injured in the execution of his duty;

(b)             to the family of any officer or servant who is killed in the execution of his duty or whose death is due to devotion to duty.

           (4)       A pension, gratuity or annuity shall not exceed the sum to which 2[…..] such officer or servant or his family would be entitled if the service had been service under the Government.

 

44.      Pension, etc. in case of service partly under the Government and partly under committee. – (1) If a person serving or having served under a committee has been or is transferred from or to the service of the Government or is partly employed by the 3[Government] and partly by a committee, the committee shall 4[make] such contributions to his pension and leave allowance as may be required, by the conditions of his service under the 5(Government), to be paid by him or on his behalf.

           6[(2). In the absence of a written contract to the contrary, the committee may dispense with the services of any such person by giving the 7[Government concerned] one month’s previous notice.]

 

45.      Notice before discharge. – (1) In the absence of a written contract to the contrary, every officer or servant employed by a committee shall be entitled to one month’s notice before discharge 8[…………] unless he is discharged during a period of probation or for misconduct or was engaged for a specified term and discharged at the end of it.

           9[(2) Should any officer or servant employed by a committee, in the absence of a written contract authorizing him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one month’s a notice to the committee he shall be liable to forfeit a sum not exceeding one month’s wages out of any wages due to him, and if no wages, or less than one month’s wages, are due to him, he shall be liable to a penalty not exceeding wages for one month or an amount equal to the difference between one month’s wages and the wages due to him, which shall be recoverable in the manner provided by Section 81].

           10[(3) – ]

           11[(4) - ]

CONTRACTS

1[46.    Authority to contract. – (1) The committee of any municipality of the first class may, subject to the provisions of this Act, delegate to one or more of its members 2[other than an associate member]  the power of entering on its behalf into any particular contract whereof the value or amount does not exceed five hundred rupees, or into any class of such contracts.

           (2)       No contract by or on behalf of any committee whereof the value or amount exceeds five hundred rupees shall be entered into until it has been sanctioned at a meeting of committee.]

 

47.      Mode of executing contract and transfer of property – (1) Every contract made by or on behalf of any municipality of the first class whereof the value or amount exceeds one hundred rupees, and every contract made by or on behalf of the committee of any municipality of the second 3[and third class] whereof the value of amount exceeds fifty rupees, shall be in writing, and must be signed by two members, of whom the President or a Vice-President shall be one, and countersigned by the Secretary:

           Provided that, when the power of entering into any contract on behalf of the committee has been delegated under the last foregoing section, the signature or signatures of the members to whom the power has been delegated shall be sufficient.

           (2)       Every transfer of immovable property belonging to any committee must be made by an instrument in writing, executed by the President or Vice-President, and by at least two other members of committee, whose execution thereof shall be attested by the Secretary.

           (3)       No contract or transfer of the description mentioned in this section executed otherwise than in conformity with the provisions of this section shall be binding on this committee. 

 

4[48.    Penalty on member, officer or servant being interested in any contract made with a committee. – (1) If any member, officer or servant of a committee or of a joint committee, without the previous permission in writing of the 5[Deputy Commissioner] voluntarily renders himself interested in any contract made with that committee, or if within one month of his becoming interested in any such contract he neither resigns or obtains the of his becoming interested in any such contract he neither resigns or obtains the permission in writing of the 6[Deputy Commissioner] for his remaining a member, officer or servant of the committee inspite of his interest in such contract, he shall be deemed to have committee an offence under Section 168 of the Indian Penal Code:

           Provided that for the purposes of this sub-section a person who has been elected but whose election has not been notified shall be deemed to be a member.]

           (2)       No member, officer or servant of a committee or a joint committee shall be reason only of his being a shareholder, in, or a member of, any in-corporated or registered company, be held to be interested in any contract entered into between the said company and the committee; or joint committee but no such person as aforesaid shall take part in any proceedings on the committee or joint committee relating to any such contracts.

 

PRIVILEGES AND LIABILITIES

49.      Suits against committee and its officers. – No suit shall be instituted against a committee, or against any officer or servant of a committee, in respect of any act purporting to be done in its or his official capacity, until the expiration of one month next after notice in writing has been, in the case of a committee, delivered or left at its office, and in the case of an officer or servant, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff: and the plaint must contain a statement that such notice has been so delivered or left :

           Provided that nothing in this section shall apply to any suit instituted under Section 54 of the Specific Relief Act, 1877.

 

1[50.    Liability of members of the committee. – (1) Every person shall be liable for the loss, waste or misapplication of any money or other property belonging to a committee, if such loss, waste or misapplication is reported by the Examiner of Local Fund Accounts, or other audit authority empowered by the 2[State] Government in this behalf to be a direct consequence of his neglect or misconduct in the performance of his duties while a member of the committee, and he may after being given an opportunity, by notice served in the manner provided for the service of summonses in the Civil Procedure Code, to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Deputy Commissioner. 3[---] and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Deputy Commissioner 4[---] shall proceed forthwith to recover the amount as if it were an arrear of land revenue and have it credited to the municipal fund.

           (2)       The person against whom an order under 5[sub-section] (1) is made, may within thirty days of the notification of such order appeal to the 6[State Government] 7[---] who shall appoint an officer to hear the appeal: and the appellate authority shall have the power of confirming, modifying or disallowing the surcharge:

           Provided that no person shall under this section be called upon to show cause after the expiry of a period of four years from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member:

           Provided further that nothing in this section shall be deemed to debar the aggrieved party from seeking a remedy in a civil court against an order made under sub-section (1).

           8[(3) Nothing in this section shall apply to an associate member].

          

CHAPTER III –A 9

(FUNCTIONS OF THE MUNICIPALITIES)

 

50-A.   General powers of municipalities. (1) Subject to the provisions of this Act and the rule, regulations and bye-laws made thereunder, the municipal administration of a smaller urban area and a transitional area shall vest in the Municipal Council and a Nagar Panchayat respectively.

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

 

50-B.   Powers and authorities of municipalities. – (1) Without prejudice to the generality of the provisions of sub-section (1) of Section 50-A, the State Government may, by notification endow the Municipalities with such powers and authorities as may be necessary to enable them to function as institutions of self-government, subject to such to such conditions as may be specified therein, with respect to, -

           (i)        the preparation of plans for economic development and social justice;

                      (ii)       the performance of functions and implementation of the schemes which may be entrusted to them including the following, namely: -

(1)                                                              urban planning including town planning.

(2)                                                              Regulation of land-use and construction of building;

(3)                                                              Planning for economic and  social development;

(4)                                                              Roads and bridges;

(5)                                                              Water supply for domestic, industrial and commercial purposes;

(6)                                                              Public health, sanitation conservancy and solid waste management;

(7)                                                              Fire services;

(8)                                                              Urban forestry, protection of the environment and promotion of ecological aspects;

(9)                                                              Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded;

(10)                                                          Slum improvement and upgradation;

(11)                                                          Urban poverty alleviation;

(12)                                                          Provisions of urban amenities and facilities such as parks, gardens and playgrounds;

(13)                                                          Promotion of cultural, educational and aesthetic aspects;

(14)                                                          Burials and burial grounds, cremations, cremation grounds and electric crematoriums;

(15)                                                          Cattle ponds and prevention of cruelty to animals;

(16)                                                          Vital statistics including registration of births and deaths;

(17)                                                          Public amenities including street lighting, parking lots, bus stops and public conveniences; and

(18)                                                          Regulation of slaughter houses and tanneries.

  (2) Nothing contained in the provisions of this section shall be construed to diviest the Municipalities of various powers and functions vested in them under various provisions of this Act, rules and bye-laws made thereunder.”

 

 

Contents    Next