Report No. 249

12. Improvement in Towns Act, Act 26 of 1850

Category: Law Relating to Administration and Development of Local Areas

Recommendation: Repeal in consultation with relevant State(s)

This Act authorised Provincial Governments to introduce provisions for constructing, repairing, cleaning, lighting or watering of any public streets, drains or tanks for the prevention of nuisances or for improving the town. Municipal regulations and urban local bodies of respective States adequately cover these matters now. However, according to Article 372(1), the competent legislature for repeal of this Act is that of the State where the Act is in force ('local government' is Item 5 in List II of the Seventh Schedule).

Therefore, the Central Government should write to the concerned State Governments recommending the review of this law by the State, with a view to repeal. The Central Government should also remove this law from its lists of central Acts in force. This Act has also been recommended for repeal by the PC Jain Commission Report (Appendix A-5).