The Punjab Municipal General Rules, 1979

 

Contents

Section

Subject

1.       

Short title, application and commencement

2.       

Definitions

3.       

General Principles

4.       

Channel of Correspondence with Government

5.       

Language in which business is to be transacted, proceedings recorded and notices issued

6.       

Administration of oath or affirmation of allegiance

7.       

Members not to take part in proceedings in certain cases

8.       

Certain persons not to be appointed

9.       

Consideration of matter in meeting

10.   

Recording of minutes

11.   

Publication of minutes of meetings

12.   

Publication of notices

13.   

Publication of proposals to impose taxes or to make rules or bye-laws

14.   

Fees for notices under sub-section (2) of Section 80

15.   

Submission of annual returns, statements and reports

16.   

Removal of Members, President or Vice-President

17.   

Character Verification

18.   

Reservation in favour of member of scheduled caste

19.   

Traveling Allowance of members

20.   

Grant of advance for purchase of conveyance

21.   

Annuities leave allowance etc. Of municipal employees not to exceed government rates

22.   

Age of retirement of employees

23.   

Repeal and saving

DELIMITATION OF WARDS OF MUNICIPALITIES RULES, 1972

1.       

Short title and commencement

2.       

Definitions

3.       

Constitution of board

4.       

Functions of the board

5.       

Procedure and powers of the board

6.       

Principles for delimitation of wards of municipality

7.       

Scheme for delimitation of wards to be sent to state government

8.       

Publication of scheme for delimitation of wards

9.       

Publication of final order of state government

10.   

Correction of printing mistakes in order made by state government

 

The Punjab Municipal General Rules, 1979

 

1.         Short title, application and commencement. – (1) These rules may be called the Punjab Municipal (General) Rules, 1979.

(ii)        They shall apply to all committees and their employees in the State of Punjab:

Provided that Rules 8, 17, 18 and 22 shall apply to those employees only who are not members of any Service constituted under Section 38.

(iii)       They shall come into force at once.

 

Note:   These rules were published in the Punjab Government Gazette of February 16, 1979, Part III, Legislative Supplement, Page 93.

 

2.         Definitions – In these rules, unless the context otherwise requires. -

(i)         “Act” means the Punjab Municipal Act, 1911;

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

(iii)       "Form", means a form appended to these rules; and

(iv)       "Section" means a section of the Act.

 

3.         General Principles. - [Sections 236 and 240(1)]. - Every committee shall observe such general principles of administration as are followed in the Departments of the State Government.

 

4.         Channel of Correspondence with Government- [Section 240(i)(b) and (zz)].- (1) A committee of the first class shall correspond with the, State Government through the Director with a copy to the Regional Deputy Director the State Government through the Regional Deputy Director and the Director.

(2). Notwithstanding anything contained in sub-rule (1), the committee may, in an important case, send an advance copy of this communication to the State Government or the Director; as the case may be.

 

5.         Language in which business is to be transacted, proceedings recorded and notices issued - [Section (1)(X)] - In every committee all the business shall be transacted, proceeding recorded and notices issued in Punjabi Language in Gurmukhi script.

 

6.         Administration of oath or affirmation of allegiance - [Section 240(1)(zz)] – [1] An oath or affirmation of allegiance under Section 24 shall be administered by the Deputy Commissioner or any other Gazetted Officer appointed by him in the case of a newly appointed or newly elected member of a committee and by the Chairman of the meeting in other cases.

(2) The administration of the oath or affirmation under sub-rule (1) shall be recorded as a part of the proceedings in the minutes of the meeting.

 

7.         Members not to take part in proceedings in certain cases. [Section 240(1)(zz).] - No member of the committee shall be present or vote at or take any other part in any proceeding of a committee or sub-committee relating to or wife of such member or descendant of such parent last referred to has a dirt indirect interest.

 

8.         Certain persons not to be appointed. - [Section 240(1)(a) (zz)] - No person who is relation of any member of the committee in any of the manner specified in Rule 7 shall be appointed an officer or servants of, or enlisted contractor for undertaking any contract for such committee, without the previous sanction of the Regional Deputy Director, Local Government.

 

9.         Consideration of matter in meeting. [Section 240(1)zz]. No matter shall be included in the agenda for any meeting of a committee of sub-committee nor be discussed at any such meeting which is not connected with the functions and duties of the committee as prescribed by the Act and it shall be the duty of the President or of the presiding member to disallow the inclusion in the agenda and to refuse to permit at a meeting the discussion of any such matter:

Provided that the President or the presiding member may permit inclusion and discussion of any matter which appears to him to be in the public interest and not in any way likely to impede the administration or to promote or encourage lawlessness, or to cause communal discord, or to be for any other reason undesirable.

 

10.       Recording of minutes. - [Sections 30 and 249(1)(zz)l. - Minutes of proceedings at each meeting of a committee shall be drawn up and recorded in a book in form 1.

 

11.       Publication of minutes of meetings. [Sections 30 and 240(1)(zz)] - An abstract of minutes of each meeting of a committee shall be affixed at some conspicuous place accessible to the public at a place of meeting of the committee and a copy of such abstract shall be supplied to the manager of every newspaper which is published within the limits of the district in which the municipality is situated.

 

12.       Publication of notices. - [Section 240(1)(y)]. - (1) In every case in which a notice is to be given by the committee in exercise of the powers conferred or in discharge of an obligation imposed by the Act or by any rule or bye-law made there under such notice shall be published in Form-2, duly filled in, in the following manner for the purpose of inviting objections and suggestions from the public, namely:-

(a)       Such notice shall be published by proclamation.

(b)      A copy of such notice together with the copy of the matter to be published shall be affixed at some conspicuous place accessible to the public at the place of meeting of the committee for a period of not less than thirty days.

(c)       The notice shall be placed on the notice boards set up for this purpose within the limits of the municipality.

(d)      A copy of such notice alone, with a copy of the matter to be published shall be sent to the editor of the newspaper having vide circulation in the locality, to be selected by the committee for the purpose.  The editors of the newspapers so selected shall be addressed as in Form 3.

1[Provided that in case of a town planning scheme, the said notice shall be published weekly for two consecutive weeks in two daily newspapers with a statement of the period within which objection may be received]. (e)     Every notice shall specify a date which shall not be less than thirty days from the date of its publication by which objections or suggestion by the persons interested should be submitted to the Secretary or Executive Officer, as the case may be, of the committee.

2[(2) (a) Simultaneously with the publication of the notice in respect of a town planning scheme under the proviso to clause (d) of sub-rule (1) the committee shall serve a notice on-

(i)  every person, whom the committee has reason to believe, after due enquiry to be an owner of such immovable property as is proposed to be included in the said town planning scheme;

(ii) the occupier of such immovable property as is proposed to be included in the said scheme.

(b) The notice referred to in clause (a) shall-

(i) state the number of town planning schemes proposed for the area:

(ii) require such person if the objects to the said scheme to state his reasons in writing within a period of thirty days from the date of the service of the notice.

(c) The notice referred to in clause; (a) shall be signed by the President or the Administrator, as the case may be.

(3) When any proposal by a committee the notice whereof is required to be published in the manner specified under sub-rule (1) is forwarded for sanction and confirmation to the appropriate authority it shall be accompanied by a statement that the provisions of sub-rule (1) have been duly complied with].

 

13.       Publication of proposals to impose taxes or to make rules or bye-laws. [Sections 61 and 240(1)(V)I. - (1) In every case in which a committee proposes to-

(i)         impose any tax under Section 61, or

(ii)        make any bye-law under the Act it shall give notice of its intention in the manner prescribed in Rule 12 for the publication of public notices.

(2) When any such proposal is submitted for sanction or confirmation to the appropriate authority, it shall be accompanied by a statement that the provisions of the sub-rule (1) have been complied with.

 

14.       Fees for notices under sub-section (2) of Section 80. [Sections 240(1)(r) and 80(2)] - The fee leviable for a notice, of demand served under sub-section (2) of Section 80, whether the notice is served through registered post or through a process server of the committee, shall be the postage charges, payable for a registered letter from time to time.

 

15.       Submission of annual returns, statements and reports - [Sections 240(1)(v) and (zz)], - (1) Every committee shall as soon as possible after the close of each financial year, prepare in such form as may, from time to time be specified by the Government, retuirn relating to the constitutionof the committee, the account of its income, expenditure, balances and liabilities or any other matter, together with report on the working of the committee. 

(2)        One copy of the return so prepared shall be submitted to the Regional Deputy Director, Local Government who shall be in the case of committees of the first Class forward it to the Director, Local Government by the 15th day of May in each year.

 

16.       Removal of Members, President or Vice-President. [Section 240(1) The letter containing reasons for the proposed removal of a member, President or Vice-President, required to be issued under Section 16 or Section 22 shall be served on that member, President or Vice-President, as the case may be, through a registered post direct by the State Government with a copy thereof to the Regional Deputy Director, Local Government, and the member, President or Vice-President upon whom the said letter is served shall tender his explanation through the Regional Deputy Director, Local Government with an advance copy, thereof, together with attested copies of the document accompanying it, if any, to the Secretary to Government of Punjab, Department of Local Government, Housing and Urban Development so as to reach him, within a period of twenty-one days of the date of dispatch of the said letter by the registered post.

(2)        The Regional Deputy Director, Local Government shall forward the explanation with his comments, if any, direct to the Secretary to Government Punjab, Local Government Dep0artment within a period of fourteen days from the date of receipt of explanation under sub-rule (1).

(3)        Where a member, President or Vice-President, as the case may be does not submit the explanation within the specified period, a report to that effect shall be made by the Regional Deputy Director, Local Government to the Government.

 

17.       Character Verification. [Section 240 (1) (n) and (zz)] – No person shall be appointed as an officer or servant by any committee unless his character and antecedents have been verified before hand:

Provided that in the case of appointment to a temporary vacancy required to be made urgently, a person may be appointed in anticipation of verification of character and antecedents in accordance with the instructions applicable to such appointment under the State Government.

 

18.       Reservation in favour of member of scheduled caste. (Sections 240 (1) (n) and 39 (2)]. – The instructions issued by the State Government from time to time in relation to reservation of appointments or posts for members of the Scheduled Castes and the Backward Classes shall apply for the purpose of making appointments to posts under the committee.

 

19.       Traveling Allowance of members - [Section 240 (1) (zz)]. – (1) No committee shall pay to any member traveling allowance on account of a journey undertaken on municipal business unless-

(a)        in the case of a journey performed within a district in which the municipality is situated, or of a journey to a place outside such district the traveling allowance payable in respect whereof does not exceed one hundred any fifty rupees, the committee has passed a resolution sanctioning the undertaking of such a journey, and

(b)        in the case of any other journey, the previous sanction of Regional Deputy Director, Local Government has been obtained.

(2)        The traveling allowance payable shall not exceed the amount that would have been payable in respect of a journey had such a member been a Government employee in Grade III, as specified in Rule 2.15 of the Punjab Traveling Allowance Rules.

 

20.       Grant of advance for purchase of conveyance - [Section 240 (1) (zz)] – (1) A committee which with the sanction of the State Government has under Section 52(2) (1) [of the] Act declared the grant of advance for purchase of a motor car, motor cycle to its employees to be an appropriate charge on the municipal fund, shall, so far as may be, grant such advance in accordance with the rules regulating and on the conditions laid down for the grant of such advance by the State Government to its employees.

(2)        No committee shall grant an advance for the purchase of a motor car, motor-cycle to any of its employees without the previous sanction in each case of the Regional Deputy Director, Local Government.

 

21.       Annuities leave allowance etc. Of municipal employees not to exceed government rates – [Section 240(1) (zz)] – No annuity or gratuity on retirement and no leave absentee or acting allowance to any employee paid from a municipal fund shall, without an express sanction of the State Government, exceed that admissible under the rules applicable to the corresponding employee serving under the State Government1 in so far as it is inconsistent with the provisions of any Act or subordinate legislation applicable to municipal employees.

 

22.       Age of retirement of employees - [Section 240 (1) and (zz)]. – (1) Every employee of a committee other than a class IV employee, shall retire from service on the last day of the month in which he attains the age of fifty-eight years.   A class IV employee shall retire from service on the last day of the month in which he attains the age of sixty years.

(2)   No employee of the committee may be retained in service after the date of retirement except in exceptional circumstances and on public ground with the prior approval of the State Government.

(3)  Notwithstanding anything contained in sub-rule (1), the appointing authority shall, if it is of opinion that it is in public interest to do so, have the absolute right by giving an employee prior notice in writing, to retire that employee on the date on which he completed twenty-five years of service or attains fifty years of age or on any date thereafter to be specified in the notice.  The period of such notice shall not be less than three months and where at least three month’s notice shall not be less than three months and where at least three month’s notice is not given, or notice for a period less than three months is given the employees shall be entitled to claim a sum equivalent to the amount of his pay and allowances at the same rates at which he was drawing immediately before the date of retirement, for a period of three months, or as the case may be, for the period by which such notice fall short of three months.

(4)        Any employee may, after giving at least three month’s previous notice in writing to the appointing authority, retire from service on the date on which he completes twenty-five years of service or attains fifty years of age or on any date thereafter to be specified in the notice:

Provided that no employee under suspension shall retire from service except with the specific approval of the authority.

 

23.       Repeal and saving. – The rules framed under Section 240 of the Act, Government matters contained in these rules and in force immediately before the commencement of these rules are hereby repealed:

Provided that such repeal shall not affect: -

(a)              the previous operation of the said rules or anything duly done or suffered thereunder; or

(b)             any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or

(c)              any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability as aforesaid;

and any such investigation, legal proceeding or remedy may be instituted continued, or enforced as if the said rules had not been repealed.

 

DELIMITATION OF WARDS OF MUNICIPALITIES RULES, 1972

 

1.         Short title and commencement -  (1) These orders may be called the Delimitation of Wards of Municipalities Rules, 1972.

 

2.         They shall come into force at once.

 

Note:- They rules were framed under sections 240 and 258 vide P.G. Notification No. GSR 82/PA.3/11/Sections 240 and 258/72, dated 28th September, 1972.

 

2.         Definitions. – In these rules, unless the context otherwise requires: -

(a)                         ‘Act’ means the Punjab Municipal Act, 1911.

(b)                        ‘associate member’ means a member associated under sub-rule (2) of Rule 3;

(c)                         ‘Board’ means the Director, Local Government Department, Punjab;

(d)                        ‘Director’ means the Director, Local Government Department, Punjab;

(e)                         ‘Government’ means the Government of the State of Punjab is Local Government Department.

 

3.         Constitution of board – (1) For the purposes of carrying out the provisions of these rules, the Government shall constitute a Delimitation Board for each Committee consisting of the following members namely: -

(i)             The Director of any other officer nominated by him in this behalf;

(ii)             The Deputy Commissioner of the District in which the Committee is situated or any other officer nominated by him in this behalf;

(iii)            The Deputy Director, Local Government of the Region concerned;

(iv)            The President or Administrator of the Committee concerned and

(v)            The Executive Officer of the Committee concerned or in Municipality to which the Punjab Municipal (Executive Officer) Act, 1931, has not been extended, the Secretary of such a Committee.

            (2)        The Board shall associate with itself for the purpose of assisting it in its day to day duties, not more than five members of the Committee having due regard to the representation of various political parties and groups in the composition of the Committee.  This provision shall not, however, apply in the case of Committee, which has been 1[suspended or superseded.]

 

4.         Functions of the board – It shall be the duty of the Board.  (i) to divide the Municipality into such number of wards as may be necessary, having regard to the number of elected members prescribed by the State Government, for the Committee, and the number of seats reserved for members of the Scheduled Cases; and

            (ii)        to re-adjust the wards as and when the limits of the Municipality are altered or there is increase in population of the Municipality or there is abnormal variation in population or voting figures of some of the wards of the Municipality, which requires, such re-adjustment.

 

5.         Procedure and powers of the board -  (1) None of the associate members shall have a right to vote or to sign any decision of the Board.

(2) The meetings of the Board shall be convened by the Director, after giving notice of at least ten days of the date, time and place of the meeting to all of its members.

(3) The quorum necessary for the transaction of business at a meeting of the Board shall be three.

(4) All questions which come before any meeting of the Board shall be decided by a majority of the votes of the member present and voting. The Chairman of the meeting, in case of an equality of votes, shall have a second or casting vote.

(5) The Board shall have power to act notwithstanding the temporary absence of a m ember, or an associate member, or of the existence of a vacancy in the Board, and no act or proceeding of the Board shall be invalid or called in question on the ground merely of temporary absence of a member or associate m embers, or of the existence of such a vacancy.

(6) The Director shall be Chairman of the Board. In his absence, such one of their number as the members present may elect, shall preside as Chairman.

 

6.         Principles for delimitation of wards of municipality - The following principles shall be observed by die Board in the delimitation of wards of a Municipality, namely: -

(a) All wards shall, u far as practicable, be geographically compact areas, and in delimiting them due regard shall be had to physical features, existing boundaries of administrative units, if any, facilities of communication and public convenience;

(b) wards in which seats are reserved for the Scheduled Castes shall be located, as far as practicable, in those areas where the proportion of their population to the total population of the Municipality is the largest; and

(c) each Municipality shall be divided into wards in such manner that the population of each ward, m far as practicable, is the same throughout the Municipality, with a variation upto 10 per cent above or below the average population figures.

 

Explanation - In this rule, the expression "population” means the population m ascertained locally through the staff deputed by the Director, by going from door to door in the Municipality.

 

7.         Scheme for delimitation of wards to be sent to state government- The Board shall, as soon m maybe after it has prepared the scheme for the delimitation of wards of the Municipality, send the same to the State Government for consideration.

 

8.         Publication of scheme for delimitation of wards. - The State Government shall: -

(a)        publish in the official gazette the scheme for the delimitation of wards received by it under rule 7 for eliciting objections or suggestions from the affected persons of the Municipality.

(b)        specify a date on or after which the scheme alongwith objections and suggestions, if any, will be considered by it:

(c)        consider all objections and suggestions which may have been received by it before the date so specified; and

(d)        thereafter, by order determine the delimitation of wards of the Municipality.

 

9.         Publication of final order of state government - The State Government shall cause its order made in the form of final notification under these rules to be published in the Official Gazette, and upon such publication every such order shall have the force of law.

 

10.       Correction of printing mistakes in order made by state government - The State Government may, from time to time, by notification in the Official Gazette, correct any printing mistake in any of the orders made by it, or any error occurring therein due to an inadvertent slip or omission.