Chapter I Chapter I

Record and publication of 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 State Government may direct, and shall, at all reasonable times and without charge, be open to inspection by any inhabitant. (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.

Every committee may, from time to time, and shall, if so required by the 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 money received under this Act ; (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.

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.

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 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, 77, 97, 98, 101, 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, 176-A, 191, 195-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 ;(c) 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 ;(d) 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 powers 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.

Appointment of wards sub-committees. (1) With the previous sanction of the State Government, and subject to such conditions as the State Government may prescribe, 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.

Extraordinary powers of President or Vice-President in case of emergency. (1) On the occurrence or 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 or the Executive Officer shall not act under this section in contravention of any order of the committee. (3) The President 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 direction given in this section shall be questioned in any court on the ground that the case was not one of emergency.

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 concerned, and in framing or modifying regulations as to the proceedings of any such joint committee, and as to the conduct of correspondence relating thereto.

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.

(1) Notwithstanding anything contained in this Act, the State Government may by notification, constitute in the prescribed 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

(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. 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. (2) Nothing in this section shall prevent the State Government from making any provision in the rules under this Act for the reservation of appointments 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.

Powers to demand punishment or dismissal. If in the opinion of the 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 State Government, suspend, fine or otherwise punish him : and if in the opinion of the State Government he is unfit for his employment, the committee shall dismiss him. 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 officer or servant an opportunity of being heard.

Power to prevent extravagance in establishments. If, in the opinion of the Deputy Commissioner, the number of person employed by a Committee as officers or servants, or whom the Committee may propose to employ as such 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 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.

If an officer or servant of a committee is person in the service of the Government, the committee may- (a) if his services are wholly lent to it, make such contributions to his pensions, gratuity and leave allowances as may be required by the conditions of his service under the 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 person in the service of the Government, the committee may, subject to such conditions as the State Government may prescribe- (a) grant him leave, absentee or acting allowance ; and (b) if his pay is less than 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 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 such officer or servant or his family would be entitled if the service had been service under the Government.

(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 Government and partly by a committee, the committee shall make such contributions to his pension and leave allowances as may be required, by the conditions of his service under the Government, to be paid by him or on his behalf. (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 Government concerned one month’s previous notice.

(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 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. (2) Should any officer or servant employed by a committee, in the absence of a written contract authorising him so to do, and without reasonable cause, resign his employment or absent himself from his duties without giving one month’s 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. (3) -- (4) --

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 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.

Mode of executing contracts and transfer of property. (1) Every contract made by or on behalf of the committee 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 and third class whereof the value or 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 confirmity with the provisions of this section shall be binding on this committee.

(1) If any member, officer or servant of a committee or of a joint committee, without the previous permission in writing of the 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 permission in writing of the Deputy Commissioner for his remaining a member, officer or servant of the committee in spite of his interest in such contract, he shall be deemed to have committed 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 by reason only of his being a shareholder, in, or a member of, any incorporated 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 of the committee or joint committee relating to any such contracts.

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.

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 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 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 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 sub-section (1) is made, may within thirty days of the notification of such order appeal to the State Government 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). (3) Nothing in this section shall apply to an associate member.