(a) having a share in any joint-stock company which shall contract with, or be employed by, or on behalf of, the municipality, or (b) having a share or interest in any newspaper in which any advertisement relating to the affairs of the municipality may be inserted, or (c) holding a debenture or being otherwise interested in any loan raised by or on behalf of the municipality, or (d) being professionally engaged on behalf of the municipality as a legal practitioner. Nevertheless it shall not be lawful for a person having any share or interest such as is described in the above clauses (a) and (b) to act as a commissioner in any matter relating to a contract or agreement between the municipality and such company or the manager or publisher of such newspaper. Municipal commissioners, &c., to be public servants. 46. Every commissioner and every officer and servant of a municipality, and every farmer or agent for the recovery of any toll, cess, tax, fee or other impost on behalf of a municipality, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 47. The powers and duties conferred and imposed by this Act on the Governor in Council or the Government, Powers and duties of Govern ment to be discharged in Sind by except those so conferred and imposed by the Commissioner. sections 13, 38, 39, 43 and 44, shall, in Sind, be exercised and performed by the Commissioner. 48. No action shall be commenced against any municipality, or against any officer or servant of a municipality, or Limitation of suits, &c. any person acting under the orders of a municipality, for anything done, or purporting to have been done, in pursuance of this Act, or of the principal Act, without giving to such municipality, officer, servant, or person one month's previous notice in writing of the intended action and of the cause thereof, nor after three months from the date of the act complained of; and in the case of any such action for damages, if tender of sufficient amends shall have been made before the action was brought, the plaintiff shall not recover more than the amount so tendered and shall pay all costs incurred by the defendant after such tender. Amendment of Bombay Act VI. of 1873; 49. The following amendments shall be made in the principal Act, namely: (a) in section 3 the following definition of the word "street" shall be substituted for the existing one, amendment of section 3; "The word 'street' shall mean any street, way, road, square, court, alley or passage, over which the public have a right of way, or which is used by the public as a means of access"; (b) in section 17, clause (c), before the word "street" insert the word "public" and in clause (f) for the words" and spaces the words "not amendment of section 17; being portions of provincial highroads or trunk roads specially reserved by Government" shall be substituted; new clause added to section 21; Taxes on pilgrims may be assigned in part to local boards. (c) to section 21 the following clause shall be added, namely: "Clause 5.-If any tax imposed under this section is a tax on pilgrims resorting periodically to a shrine within the limits of a municipal district, the Governor in Council may require the municipality of such district to assign and pay to the district local board or to the táluka local board having authority in the táluka in which such municipal district is situate, or partly to the said district local board and partly to the said táluka local board, such portion of the total collections on account of such tax as he shall deem fit; and the portion so assigned shall be expended by the said board or boards, within the areas respectively under their authority, on works conducive to the health, convenience and safety of the said pilgrims"; (d) in section 23 for the words and figures "Local Funds District constituted under Bombay Act III. of amendment of section 23; 1869" the words "area subject to the authority of a local board or of a cantonment committee, or out of any public funds" shall be substituted; (e) for section 24 the following section shall be substituted, namely: "24. It shall be the duty of every municipality to make adequate provison, out of the municipal property and funds, for the following matters with Duties of municipalities. in the municipal district under its authority, namely: (1) lighting of public streets, places and buildings; (2) watering public streets and places; (3) cleansing of public streets, places and sewers, scavenging, removing of noxious vegetation, and the abatement of all public nuisances; (4) extinguishing of fires and protecting of life and property when fires occur; (5) regulating or abating offensive or dangerous trades or practices; (6) removing obstructions and projections in public streets or places; (7) securing or removing dangerous buildings or places and reclaiming unhealthy localities; (8) providing, changing and regulating places for the disposal of the dead; (9) constructing, altering and maintaining public streets, bridges, causeways, culverts, municipal boundary marks, markets, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage-works, baths, washing-places, drinking fountains, tanks, wells, dams and the like; (10) obtaining a supply or an additional supply of water, proper and sufficient for preventing danger to the health of the inhabitants from the insufficiency or unwholesomeness of the existing supply, when such supply or additional supply can be obtained at a reasonable cost; (11) naming of streets and numbering of houses; (12) public vaccination and the registration of births and deaths; (13) establishing and maintaining public hospitals and dispensaries and providing public medical relief; (14) providing special aid and accommodation for the sick in time of epidemic disease; (15) establishing and maintaining middle class and primary schools; Discretionary powers of ex penditure of municipalities. and municipalities may, at their discretion, provide out of the said property and funds, either wholly or partly, for the cost of (16) erecting or maintaining public parks, gardens, libraries, museums, colleges, schools other than middle class or primary schools, lunatic asylums, halls, offices, dharmshálas, (17) planting and maintaining of road-side and other trees; (20) a survey; (21) any other measure likely to promote the public safety, health, convenience or education. The management, control and administration of every public institution maintained out of municipal property and funds shall vest in the municipality which maintains the same: Provided that the extent of the indepen Management of public institutions maintained by municipalities to vest in them. dent authority of any municipality in respect of public education and its relations with the Government Educational Department shall from time to time be prescribed by Government"; (f) in clause 2 of section 26, and also in clause 2 of section 57, amendment of sections 26 and 57; the words "of the said municipality" shall be substituted for the words and figures "contemplated in section 14 of this Act"; (g) for the first portion of section 30, clause 1, down to and inclusive of the words "setting back," amendment of section 30; the following words shall be substituted, namely: "Clause 1.-If any part of a house or building projects beyond the regular line of a public street either as existing or determined upon for the future, or beyond the front of the house or building on either side thereof, the municipality may, whenever such house or building has been either entirely or in greater part taken down or burned down or has fallen down, or if the projecting part thereof is a platform, verandah, step or some other structure external to the main house or building, at any time, by written notice, require such house or building, when being rebuilt, to be set back to or towards the said regular line, or the front of the adjoining houses or buildings, or the part or some portion of the part, projecting beyond the said regular line, or the front of the adjoining houses or buildings to be removed, as the case may be, and the portion of land added to the street by such setting back or removal;" (h) in section 69 for the words "as a soap-house, oil-boiling house, dyeing-house, tannery" the words "for amendment of section 69; salting and curing fish, soap-making, oil-boiling, dyeing, tanning, or the manufacture of leather or leather goods, or as a" shall be substituted; amendment of section 84; (i) in section 84 for the word "taxes" the words " cesses or other taxes, and such penalties in addition to the said arrears, not exceeding in any case one-fourth of the amount of the arrear, as shall be adjudged by the said Magistrate, and all arrears of" shall be substituted; new clause substituted for clause 1 of section 88; "88. Clause 1.--Every Quarterly andannual accounts. (j) for clause 1 of section 88, the following clause shall be substituted, namely: Municipality shall have prepared and laid before them, at their periodical general meetings, complete accounts of the receipts and expenditure of the municipal fund during the period since the (k) in section 89 the words "of the municipality" shall be amendment of section 89. amendment of section 94. (1) in section 94 the word "public" shall be inserted before the word "inspection." SCHEDULE (See Section 3.) Enactments. Subject. Extent of Repeal. Bombay Act VI. of For the better management of In Section 3 the words and figures "by 1873. municipal affairs in mofus- Regulation XVI. of 1827, or and the Act No. I. of 1885. (Burma.) Act No. II. of 1885. RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE An Act to amend the Negotiable Instruments Act, 1881. WHEREAS it is expedient to amend the Negotiable Instruments Act, 1881, in manner hereinafter appearing, It is hereby enacted as follows:-1. This Act may be called the Negoti Short title. able Instruments Act, 1885. |