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State of Punjab - Section

Section 52 in Punjab Municipal Act, 1911

52. Application of fund.

(1)The committee shall set apart and apply out of the municipal fund-
(a)first, such as may be required for the payment of any amounts falling due on any loan legally contracted by it :
(b)[ secondly, such sum as the committee may be required by the [State] [Inserted by Punjab Act No. 3 of 1933.] Government to contribute towards the cost of such Local Self-Government Board or Inspectorate as the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may establish, for the purpose of advising, assisting and supervising the work of municipal committees and other local bodies :
Provided that such sum shall not exceed an amount equal to one perfect of the income for the financial year preceding the year, in which the committee is called upon to make the contribution]:
(c)[ thirdly] [Substituted for the word 'secondly' by Punjab Act No. 3 of 1933.], such sum as may be required to meet the charges, of its own establishment, including such subscriptions and contributions as are referred to in Sections 43 and 44, and such sum as may be required for the maintenance of a police establishment under Chapter VI;
(d)[ fourthly, such sum as may be required to pay the expenses incurred in auditing the accounts of the committee, and such portion of the costs of any public expenditure by the [Central Government] [Substituted by Punjab Act No. 3 of 1933.] or the [State] [Substituted for the words 'Government of India' by the Government of India (Adaptation of Indian Laws) Order, 1937.] Government as may be held by the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to be equitably payable by the committee in return for services rendered to it.]
(e)[ fifthly, such sum as the committee may be required by the State Government to contribute towards the maintenance of pauper lunatics or pauper lepers sent from any place in the [State] [Clauses (e) and (f) were inserted by Punjab Act No. 3 of 1933.] to mental hospitals or public asylums whether in or outside the State.
(f)sixthly, such sum as may be due to the State Government in respect of the cost of maintenance by the State Government, on behalf of the committee, of water-works, drainage, sewage or other works.]
(g)[ seventhly, such sum to be paid annually by the committee to the State Government by way of contribution as is equivalent to - [Clause (g) added by Punjab Act No. 22 of 1959, with effect from 1st October, 1957.]
(i)the total provision made in the budget for the year 1957-58 under the main head 'Education' excluding [the provision under the sub-heads relating to public libraries, colleges, reading rooms and museums or pertaining to such other matters not relating to schools as the State Government may specify, educational grants and the provisions made for 'original works' relating to schools ; and
(ii)a sum representing one per centum of the total income from its own resources for the year 1957-58, in lieu of the deductions made for 'original works' made under clause (i):]
Provided that in respect of the financial year 1957-58, the committee shall make a payment to the State Government of the sums which have remained unexpended on 31st March, 1958, out of the provisions under the head 'Education' in the budget of 1957-58 ;[Provided further that in computing the total provision under sub-section (i), school fees or other moneyes received from students by the Committee, income from any property transferred to the State Government, donations for education from the public and such other income of the Committee as may be specified by the State Government shall be excluded.] [Proviso added by Punjab Act No. 22 of 1961.]]
(2)Subject to the charges specified in sub-section (1) and to such rules as the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1954.] Government may make with respect to the priority to be given to the several duties of the committee, the municipal fund shall be applicable to the payment in whole or part, of the charges and expenses incidential to the following matters within the municipality, and with the sanction of the [State Government] [Substituted by Punjab Act No. 34 of 1955, Schedule I, for 'Commissioner'.] outside the municipality, namely : -
(a)the construction, maintenance, improvement, cleansing and repair of all public streets, bridges, town-walls, town-gates, embankments, drains, privies, latrines, urinals, tanks and water-courses [and the preparation of compost manure] [Inserted by East Punjab Act No. 30 of 1949.];
(b)the watering and lighting of such streets or any of them ;
(c)the construction, establishment and maintenance of schools, hospitals and dispensaries, and other institutions for the promotion of education or for the benefit of the public health, and of rest-houses, sarais, poor-houses, markets, [stalls] [Inserted by Punjab Act No. 12 of 1950.], encamping grounds, pounds, and other works of public utility, and the control and administration of public institutions of any of these descriptions :
(d)grant-in-aid to schools, hospitals, dispensaries, poor-houses, leper-asylums, and other educational or charitable institutions ;
(e)the training of teachers and the establishment of scholarships;
(f)the giving of relief and the establishment and maintenance of relief works in time of famine or scarcity;
(g)the supply, storage and preservation from pollution of water for the use of men or animals ;
(h)the planting and preservation of trees ; and the establishment and maintenance of public parks and gardens ;
(i)the taking of a census, the registration of births, marriages and deaths, public vaccination and any sanitary measure ;
(j)the holding of fairs and any industrial exhibitions ;
(k)the preparation and maintenance of a record of rights in immovable property; and
(l)all acts and things which are likely to promote the safety, health, welfare or convenience of the inhabitants or expenditure whereon may be declared by the committee, with the sanction of the [State] [Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government to be an appropriate charge on the municipal fund.
(3)[ Notwithstanding any contained in the foregoing sub-sections of this Act no charges or expenses shall be paid from the municipal fund incidential to any matter which has been specifically declared by the State Government by general or special order to be a matter in regard to which no expenditure shall be met from municipal fund.
(4)Subject to the provisions of this Act and the rules and bye-laws made thereunder it shall be the duty of the President and of any member presiding at any meeting of the committee or of a sub-committee to disallow the consideration or discussion of any matter for which provision is not made in Section 52 or any other section of the Act.] [Sub-sections (3) and (4) were inserted by Punjab Act No. 3 of 1933.]