Punjab Municipal Act, 1911
No: 3 Dated: Aug, 11 1911
Punjab Municipal Act, 1911
(Punjab Act No. 3 of 1911)
An Act to make better provision for the Administration of Municipalities in Punjab.
Whereas it is expedient to make better provision for the administration of municipalities in Punjab.
It is hereby enacted as follows : -
CHAPTER I
Preliminary
1. Title, extent and commencement. - (1) This Act may be called the Punjab Municipal Act, 1911.
(2) It extends only to the territories administered by the Government of Punjab and
(3) It shall come into force on such day as the State Government may, by notification in the Official Gazette, appoint in this behalf.
2. Repeal. - (1) The enactments mentioned in the Schedule are hereby repealed to the extent specified in the fourth column thereof.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fees imposed or assessed, contracts entered into, and suits instituted under the said Acts, or any enactment thereby repealed, shall, so far as may be, be deemed to have been respectively constituted, established, defined, made, issued, imposed or assessed, entered into and instituted under this Act.
3. Definitions. - In this Act, unless there is something repugnant in the subject or context. -
(1) (a) "annual unit value" means the value of the building and lands calculated at the following rates, -
(i) five per cent of total unit value in the case of residential building;
(ii) twenty per cent of total unit value in the case of Malls and Hotels with five stars and above; and
(iii) fifteen per cent of total unit value for others;
(b) "commercial building" means a building, which is not a residential building;
(c) "residential building" means any building which is not being used for the purposes of business, profession or trade;
(d) "total unit value" means the value of the building and lands calculated after multiplying the unit value with factors, applicable to such building and lands, given in Schedule IV;
(e) "unit value" means the value per square metre of the area of the building and lands in a zone as determined by the Unit Valuation Committee under section 66-A:
Provided that unit value so determined shall be revised after every five years; and
(f) "zone" means a zone as determined by the Zoning Committee under section 66.
(1aa) "flat" means an apartment, which may be called block, chamber, dwelling unit, lot, premises, suite, tenement, unit or by whatever any other name, a separate and self contained part of any property, including one or more rooms or enclosed spaces, located on one or more floors, or any part or parts thereof, in a building, or in a portion of land, used or intended to be used for residence, or for any other type of independent-use ancillary to the residential purpose, and with a direct exit to a public street, road or to a common area leading to such street, or road, and includes any garage or room, whether or not adjacent to the building in which such apartment is located for the use by the owner of such apartment for parking any vehicle or for the residence of any domestic servant employed in such apartment;
(2) "building" means any shop, house, hut, outhouse, stable, a Act No.ory, 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;
(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:
(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.
(5a) "Executive Officer" means an Executive Officer appointed under the provisions of the Punjab Municipal (Executive Officer ) Act 2 of 1931.
(5b) "ex-officio member" means a member referred to in clause (ii) of sub-section (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, 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 Deputy Commissioner to be inhabitant or inhabitants.
(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.
(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:
Provided that if the minimum value of the land upon which an industrial building is constructed or is likely to be constructed is not declared as industrial land by the Collector, in such a case the market value of the land shall be seventy five per cent of the minimum value of the land fixed by the Collector for non-residential building:
Provided further that if the market value of the land upon which an industrial building is constructed or is likely to be constructed is declared as industrial land by the Collector during the year 2014 on or after the first day of January of the said year, in such a case the minimum value of the land so fixed shall be taken into consideration for calculation of tax for the financial year 2014-15.
(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;'
(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;
(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 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;
(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;".