State of Uttar Pradesh - Act
The U.P. Municipalities Act, 1916
UTTAR PRADESH
India
India
The U.P. Municipalities Act, 1916
Act 2 of 1916
- Published on 11 May 1916
- Commenced on 11 May 1916
- [This is the version of this document from 11 May 1916.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
- In this Act unless there is something repugnant in the subject or context, -Chapter II
Constitution And Governance Of Municipalities
Declaration of Municipalities3. [ Declaration etc. of transitional area and smaller urban area. -] [Substituted by U.P. Act No. 12 of 1994.] [(1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such limits as are specified therein to be a transitional area or a smaller urban area, as the case may be.
3A. [ Municipality for every transitional area and smaller urban area. -] [Inserted by U.P. Act No. 12 of 1994.] [(1) A municipality constituted under clause (1) of Article 243-Q of the Constitution in accordance with Part IX-A thereof shall, -
(a)for every transitional area, be known as the Nagar Panchayat;(b)for every smaller urban area be known as the Municipal Council.]3B. [ Constitution and composition of Ward Committee.
| Substituted by U.P. Act No. 29 of 2009. Prior to substitution, it stood as under :3B. Constitution and composition of Wards Committees.- (1) Each Wards Committee constituted under clause (1) of Article 243-S of the Constitution within the territorial area of a Municipal Council, having a population of three lakhs or more, shall consist of five wards.(2) The territorial area of a Wards Committee shall consist of the territorial area of the wards comprised in such Committee.(3) Each Wards Committee shall consist of, -(a) all the members of the Municipal Council representing the wards within the territorial area of the Wards Committee;(b) such other members, not exceeding three as may be nominated by the State Government from amongst persons registered as electors within the territorial area of the concerned Wards Committee who have special knowledge or experience in municipal administration.(4) The Wards Committee shall, at its first meeting after its constitution and at its first meeting in the same month in each succeeding year, elect one of the members, mentioned in clause (a) of sub-section (3), as the Chairperson of that Committee.(5) The duration of the office of the Chairperson shall be one year but he shall hold office until his successor is elected and shall be eligible for re-election.(6) The Chairperson shall vacate office as soon as he ceases to be a member of the Municipal Council.(7) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise, before the expiry of his term the Wards Committee shall, as soon as may be on the occurrence of the vacancy, elect a new Chairperson in accordance with sub-section (4);Provided that a Chairperson so elected shall hold office only for the remainder of the period for which the person in whose place he is elected would have held it if such vacancy had not occurred.(8) The duration of the Wards Committee shall be co-terminous with the term of the Municipal Council.(9) Subject to the provisions of this Act, the Wards Committee shall exercise such powers and perform such functions as may be prescribed by rules. |
4. Preliminary procedure to issue notification.
- [(1) Before the issue of a notification] [Substituted by U.P. Act No. 1 of 1955.] [referred to in Section 3] [Substituted by U.P. Act No. 26 of 1995.], the [Governor] [Substituted by U.P. Act No. 12 of 1994.] shall publish in the Official Gazette [and in a paper approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate] [Inserted by U.P. Act No. 26 of 1964.] and cause to be affixed at the office of the District Magistrate and at one or more conspicuous places within or adjacent to the local area concerned a draft in Hindi or the proposed notification along with a notice stating that the draft will be taken into consideration on the expiry of the period as may be stated in the notice.5. Effect of including area in [transitional area or smaller urban area.] [Substituted by U.P. Act No. 12 of 1994.]
- [Where by a notification referred to in sub-section (2) of Section 3 the Governor includes any area] [Substituted by U.P. Act No. 26 of 1995.] [transitional area or smaller urban area] [in a Substituted by U.P. Act No. 12 of 1994.], such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders, directions, issued or made under this or any other enactment and in force throughout the [transitional area or smaller urban area] [Substituted by U.P. Act No. 12 of 1994.], at the time immediately preceding the inclusion of the area.The [Municipality] [Substituted by U.P. Act No. 12 of 1994.]6.
[* * *] [Omitted by U.P. Act No. 12 of 1994.]7. Duties of [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
8. Discretionary functions of [Municipalities] [Substituted by U.P. Act No. 12 of 1994.].
8A.
[* * *] [Omitted by U.P. Act No. 12 of 1994.]9. Composition of Municipality.
| Substituted by U.P. Act No. 12 of 1994. |
9A. [ Reservation of seats. - (1) In every municipality seats shall be reserved for the] [Substituted by U.P. Act No. 12 of 1994.] [Scheduled Castes, the Scheduled Tribes and the Backward Classes] [Substituted by U.P. Act No. 26 of 1995.] and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area [or of the Backward Classes in the Municipal area] [Inserted by U.P. Act No. 26 of 1995.] bears to the total population of such area and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules :
[Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in the municipality.Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules.] [Inserted by U.P. Act No. 26 of 1995.]10.
[* * *] [Omitted by U.P. Act No. 12 of 1994.]10A. [ Term of municipality. - (1) Every municipality shall, unless sooner dissolved under Section 39, continue for five years from the date appointed for its first meeting and no longer.
10AA.
[* * *] [Omitted by U.P. Act No. 12 of 1994.][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment10AA. [x x x] [Section 10-AA omitted by Uttarakhand Act No. 3 of 2008.]
11.
[* * *] [Omitted by U.P. Act No. 12 of 1994.]Delimitation11A. [ Delimitation of wards. - (1) For the purpose of election of members of a municipality every municipal area shall be divided into territorial constituencies to be known as wards in such manner that the population in each ward shall, so far as practicable, be the same throughout the municipal area.
11B. [ Delimitation Order. - (1) The State Government shall by order, determine, -] [Inserted by U.P. Act No. 7 of 1953.]
(a)[ the number of wards into which each municipal area shall be divided for purposes of elections to the municipality;] [Substituted by U.P. Act No. 12 of 1994.](b)the extent of each ward;(c)[* * *] [Omitted by U.P. Act No. 12 of 1994.](d)[ the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the women.] [Substituted by U.P. Act No. 12 of 1994.]11C. [ Amendment of Delimitation Order. -] [Inserted by U.P. Act No. 7 of 1953.] [(1)] [Re-numbered as sub-section (1) thereof, by U.P. Act No. 26 of 1995.] The State Government may, after consulting the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] concerned, by a subsequent order, alter or amend the final order under sub-section (3) of Section 11-B.
12.
[* * *] [Omitted by U.P. Act No. 7 of 1949.]Electoral rolls12A. [ Election of members. - The members of a municipality shall be elected on the basis of adult suffrage in accordance with the provisions of this Act.] [Substituted by U.P. Act No. 12 of 1994.]
12B. [ Electoral roll for every ward. - (1) There shall be an electoral roll for every ward which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the State Election Commission.] [Substituted by U.P. Act No. 12 of 1994.]
12C. Qualification for electors.
- Subject to the provisions of Section 12-D and 12-E every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised, and who is ordinarily resident in the area of the ward shall be entitled to be registered in the electoral roll for the ward.Explanation. - (i) A person shall not be deemed to be ordinarily resident in the area of a ward on the ground only that he owns, or is in possession of a dwelling-house therein.12D. Disqualifications for registration in an electoral roll.
12E. Registration to be in one ward only.
12F. [ Correction of electoral roll. - (1) Where the Electoral Registration Officer is satisfied, after making such enquiry as he thinks fit, whether on an application made to him or on his own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, he shall subject to the provisions of this Act and the rules or orders made thereunder, delete or correct or add the entry, as the case may be :
Provided that no such deletion or correction or addition shall be made after the last date for making nomination for an election in the ward and before the completion of such election :Provided further that no deletion or correction affecting the interest of any person adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.12G. Revision of electoral rolls.
- [the State Election Commission] [Substituted by U.P. Act No. 12 of 1994.] may, if [it] [Substituted by U.P. Act No. 12 of 1994.] thinks it necessary to do for the purpose of a general or bye-election, direct a [* * *] [Omitted by U.P Act No. 12 of 1994.] revision of the electoral roll for any ward in such manner as [it] [Substituted by U.P Act No. 12 of 1994.] may things fit :Provided that subject to the other provision of this Act, the electoral roll for the ward, as in force at the time of issue of any such direction shall continue to be in force until the completion of the [* * *] [Omitted by U.P. Act No. 12 of 1994.] revision, so directed.12H. [ Order regarding electoral rolls] [Substituted by U.P. Act No. 35 of 1978.]. - [In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may] [Substituted by U.P. Act No. 26 of 1995, for 'The State Election Commission may'.], by order make provision in respect of the following matters concerning the electoral rolls, namely, -
13.
[* * *] [Omitted by U.P. Act No. 7 of 1953.]Conduct of elections13A. [ General election. - Except as provided in Section 31-A, the State Government shall, in consultation with the State Election Commission, by the Official Gazette, appoint date or dates for general election to a municipality.] [Substituted by U.P. Act No. 12 of 1994.]
13B. [ Superintendence etc. of the conduct of the elections. -] [Substituted by U.P. Act No. 12 of 1994.] [(1)] [Re-numbered as sub-section (1) by U.P. Act No. 26 of 1995.] The superintendence, direction and control of the conduct of all elections to the municipalities shall be vested in the State Election Commission.
13C. [ Qualifications for election of member. - A person shall not be qualified for being chosen as and for being a member unless, -
13D. [ Disqualification for membership] [Inserted by U.P. Act No. 7 of 1953.]. - A person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as, and for being, a member of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] if he, -
13E. [ Right to vote. - (1) No person who is not, and except as expressly provided by this Act, every person who is for the time being entered in the electoral roll of any ward shall be entitled to vote in that ward.
13F.
[* * *] [Omitted by U.P. Act No. 12 of 1994.][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment13F. [ Procedure of voting. - Wherever an election takes place in any ward, voting shall be either through secret ballot or voting machine and there shall be no proxy voting.] [Inserted by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).]
13G. Order regarding conduct of elections.
- [In so far as provision with respect to any matter is not made by this Act, the State Election Commission] [Substituted by U.P. Act No. 12 of 1994, for the words 'the State Government'.] may, by order, make provision with respect to the following matters concerning conduct of elections, that is to say, -13H. Bye-elections.
13I. Certain casual vacancies not to be filled.
- Where a vacancy occurs on a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] by reason of death, resignation, removal or avoidance of an election of the elected member and the term of office of that member would, in the ordinary course of events, have determined within one year of the occurrence of the vacancy, [such vacancy may be left unfilled] [Substituted by U.P. Act No. 12 of 1994.].13J. [ Electoral offences. - (1) The provisions of Sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135,] [Substituted by U.P. Act No. 35 of 1978.] [135-A] [Inserted by U.P. Act No. 26 of 1995.] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951, shall have effect as if, -
(a)the reference therein to an election were a reference to an election held under this Act;(b)for the word "constituency" the word "ward" had been substituted;(bb)in Section 127-A in sub-section (2) in clause (b) in sub-clause (i), for the words "the Chief Electoral Officer" the words [Chief Election Officer (Urban Local Bodies)] [Substituted by U.P. Act No. 26 of 1995, for 'State Election Commission'.] had been substituted;(c)[* * *] [Omitted by President's Act No. 3 of 1996, Section 4 (w.e.f. 29.9.1995).](d)in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh Municipalities Act, 1916" had been substituted.13K. [ Jurisdiction of Civil Courts. - (1) No Civil Court shall have jurisdiction, -
(a)to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll of a ward; or](b)[ to question the legality of any action taken by or under the authority of the State Election Commission in respect of preparation or publication of electoral roll; or] [Substituted by U.P. Act No. 12 of 1994.](c)to question the legality of any action taken or any decision given by the Returning Officer or by any other officer appointed under this Act in connection with an election.14. to 17.
[* * *] [Omitted by U.P. Act No. 7 of 1953.]18.
[* * *] [Omitted by U.P. Act No. 7 of 1949.]Election petitions19. Power to question municipal election by petition.
20. [ Form and presentation of election petitions. - (1) An election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer, and shall specify the ground or grounds on which the election of the respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies and set for the full particulars of any corrupt practices that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practices and the dates and place of the commission of each such practice.
21. [ Recriminatory proceedings. - (1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such other candidate would have been void if he had been the retuned candidate and a petition had been presented calling in question his election :
Provided that the returned candidate or such other party shall not be entitled to give such evidence unless he has within twenty-one days from the date of the service upon him of the notice of the election petition, given notice to the election tribunal of his intention to do so and has also deposited the security prescribed in the case of an election petition questioning the election of a member.22. [ Hearing of election petition. - (1) An election petition not complying with the provisions of Section 20 or upon which the requisite court-fee has not been pad at the time of presentation or with in such further time not exceeding fourteen days as the] [Substituted by U.P. Act No, 26 of 1964.] [District Judge] [Substituted by U.P. Act No. 17 of 1982.], as the case may be, may have granted, shall be rejected by such Judge.
23. Procedure.
- Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code (Act V of 1908) in regard to suits, shall, so far as it is not inconsistent with this Act or any rule and so far it can be made applicable, be followed in the hearing of election petitions :Provided that, -23A.
[* * *] [Omitted by U.P. Act No. 17 of 1982.]24. [ Provisions as to costs. - An order for costs or an order for the realization of a security bond for costs passed by the District Judge in an election petition under this Act may be sent by him for execution to the Collector of the district in which the municipality concerned is situated and an order so sent shall be executed by the Collector in the same manner as if it were in respect of arrears of land revenue] [Substituted by U.P. Act No. 17 of 1982.].
25. Finding of [the District Judge] [Substituted by U.P. Act No. 12 of 1994.].
- [(1) If the] [Substituted by U.P. Act No. 35 of 1978.] [District Judge] [Substituted by U.P. Act No. 17 of 1982.], after making such inquiry as it deems necessary, finds in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its discretion and may also pass such order for return or forfeiture of the security or part thereof as he may deem fit.26. Avoidance of election proceedings.
27. Disqualification of corrupt practice.
28. Corrupt practices.
- A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person, -29.
[* * *] [Omitted by U.P. Act No. 7 of 1953.]29A.
[* * *] [Omitted by U.P. Act No. 7 of 1953.]Control of [Municipality] [Substituted by U.P. Act No. 12 of 1994.]30. [ Power of State Government to dissolve the municipality. - If at any time the State Government is satisfied that a municipality persistently makes default in the performance of duties imposed upon it by or under this Act or any other law for the time being in force or exceeds or abuses more than once its powers, it may, after having given the municipality a reasonable opportunity to show cause why such order should not be made, by order, published with the reasons therefor in the Official Gazette, dissolve the municipality.] [Substituted by U.P. Act No. 12 of 1994.]
31.
[* * *] [Omitted by U.P. Act No. 12. of 1994.]31A. [ Consequences of dissolution of municipality. - Where a municipality is dissolved under Section 30, the following consequences shall follow :
31B. Director of Local Bodies.
32. Supervision by Prescribed Authority.
- The [Prescribed Authority] [Substituted by U.P. Act No. 7 of 1949.] may, -33. Inspection of municipal works and institution by Government officers.
- A work, or institution, constructed or maintained, in whole or in part at the expense of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.], and all registers, books, accounts or other documents relating thereto, shall at all times be open to inspection by such officers as the [State Government] [Substituted by ALO 1950.] appoints in this behalf.34. Power of the State Government or the Prescribed Authority or the District Magistrate to prohibit execution or further execution of resolution or order of [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
35. Power of the State Government and Prescribed Authority in case of default of [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
36. Extraordinary powers of District Magistrate in case of emergency.
37. Prohibition of remuneration to members and President.
- No member or President of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be granted any remuneration or travelling allowance by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] except with the sanction of State Government or in accordance with rules made in this behalf.38. Term of office of members elected [or nominated] [Inserted by U.P. Act No. 12 of 1994.] to fill casual vacancies.
38A.
[* * *] [Repealed by U.P Act No. 17 of 1934.]39. Resignation of members.
- [If a member of a] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] other than the President resigns by writing under his hand addressed to the State Government, his seat shall thereupon become vacant. The resignation shall be delivered at the office of the District Magistrate of the district, in which the municipality is situate who shall forthwith inform the President and shall forward the resignation to State Government.40. Removal of members.
- [(1) The State Government] [Substituted by U.P. Act No. 7 of 1949.] [* * *] [Omitted by U.P. Act No. 12 of 1994.] may remove a member of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] on any of the following grounds, -(a)that he has absented himself from the meetings of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] :Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account;(b)that he has incurred any of the disqualifications mentioned in Sections [12-D and 13-D] [Substituted by U.P. Act No. 7 of 1953.];(c)that he has within the meaning of Section 82, knowingly acquired or continued to hold, directly or indirectly, or by a partner, any [share or interest, whether pecuniary or of any other nature] [Substituted by U.P. Act No. 26 of 1964.] in any contract by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.];(d)that he has knowingly acted as a member in a matter other than a matter referred to in Section 82 in which he or a partner had, directly or indirectly a [personal interest, whether pecuniary or of any other nature] [Substituted by U.P Act No. 26 of 1964.] or in which he was professionally interested on behalf of a client, principal or other person; [* * *] [The word 'or' omitted by U.P. Act No. 26 of 1964.](e)[ that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or against the State Government in respect of nazul and entrusted to the management of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.];(f)[ that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer;] [Substituted by U.P. Act No. 26 of 1964.](g)[ that he has been guilty of persistent misbehaviour or disorderly conduct at meetings of the] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and a complaint to that effect is made to the State Government by the President or any other member; or(h)[ that he has been guilty of any other misconduct whether as member or as] [Substituted by U.P. Act No. 41 of 1976.] [* * *] [Omitted by U.P. Act No. 49 of 2007.] or President or as [* * *] [Omitted by U.P. Act No. 49 of 2007.] exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976.41. Disability of members removed under Section 40.
42.
[* * *] [Omitted by U.P. Act No. 7 of 1953.]President and vice-president43. [ Election of President. - (1) The President of the municipality shall be elected on the basis of adult suffrage by the electors in the municipal area.
43A. [ Bar on simultaneously holding the post of President or] [Inserted by U.P. Act No. 7 of 1949.] [* * *] [Omitted by U.P. Act No. 49 of 2007.] in different local authorities. - No person shall be at the same time the President or [* * *] [Omitted by U.P. Act No. 49 of 2007.] both of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and any other local authority :
Provided that if a person is elected to any such or similar office of more than one local authority, he shall, at his option, continue to hold the office in one local authority and resign from other within a prescribed period.]43AA. [ Qualification for Presidentship. -] [Inserted by U.P. Act No. 1 of 1955.] [(1) A person shall not be qualified to be chosen as President of a] [Substituted by U.P. Act No. 35 of 1978.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] unless he, -
(a)is an elector for any ward [in the municipal area] [Substituted by U.P. Act No. 12 of 1994.];(b)has attained the age of thirty years on the date of his nomination as a candidate for election to the office of President.43B.
[* * *] [Omitted by U.P. Act No. 12 of 1994.]43BB. [ Transfer of petition. - (1) On the application of any party to an election petition presented under sub-section (5) of Section 20] [Inserted by U.P. Act No. 17 of 1982.] [* * *] [Omitted by U.P. Act No. 12 of 1994.], and after notice to the other parties thereto, and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage, -
(a)transfer an election petition pending before a District Judge for trial to any other District Judge; or(b)re-transfer the same for trial to the District Judge from whom it was withdrawn.43C. [ Power of] [Inserted by U.P. Act No. 17 of 1982.] [the State Election Commission] [Substituted by U.P. Act No. 12 of 1994.] to make order regarding election of President. - [In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may] [Substituted by U.P. Act No. 26 of 1995.] by order, make provision with respect to the following matters concerning the conduct of [* * *] [Omitted by U.P. Act No. 12 of 1994.] election of President, that is to say, -
43D. [ Oath of allegiance and office. - (1) The President and every member of a] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall, before taking his seat, make and subscribe at a meeting of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] an oath or affirmation of his allegiance to the Constitution in the following form :-
"I A. B., having been elected a member/President of this [Municipality] [Substituted by U.P. Act No. 12 of 1994.] do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will faithfully and conscientiously discharge the duties upon which I am about to enter."44.
[* * *] [Omitted by U.P. Act No. 7 of 1949.]44A. [ Bye-election of President. - If a casual vacancy occurs in the office of the President owning to death or resignation or any other cause, the President shall be elected as soon as may be thereafter, but not later than three months from the date of occurrence of the said vacancy, in the manner provided in Section 43.] [Substituted by U.P. Act No. 12 of 1994.]
45.
[* * *] [Omitted by U.P. Act No. 35 of 1978.]46. [ Term of office of a President. - (1) Except as otherwise provided in this Act, the term of office of a President shall be co-terminous with the term of the] [Substituted by U.P. Act No. 41 of 1976.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
46A.
[* * *] [Omitted by U.P. Act No. 5 of 1932.]47. Resignation of President.
- [(1) A President of a municipality wishing to resign may forward his written resignation through the District Magistrate to the State Government.] [Substituted by U.P. Act No. 12 of 1994.]47A.
[* * *] [Omitted by U.P. Act No. 22 of 2001 (w.e.f. 5.10.2001).][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment[Section 47-A of the Principal Act shall be omitted.] [Omitted by Uttaranchal Act No. 11 of 2005.]48. Removal of President.
49. [ President to be member. - The President of a municipality shall be ex officio member of the municipality.] [Substituted by U.P. Act No. 12 of 1994.]
50. Functions of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] that must be discharged by the President.
- The following powers, duties and functions of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may be exercised, and shall be performed or discharged, by the [President] [Substituted by U.P. Act No. 7 of 1949.] of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and [, subject to the provisions of Sections 53 and 53-A] [Inserted by U.P. Act No. 26 of 1964.] not otherwise, namely, -51. Additional duties of the President.
- It shall also be the duty [and power] [Inserted by U.P Act No. 7 of 1949.] of the President -51A. [ Authority to President to address State Government on question of general public interest. - A President may address the State Government or any Department of the State Government on any question of general public interest in the manner prescribed.] [Inserted by U.P. Act No. 7 of 1949.]
52. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to require reports, etc. from President
53.
[* * *] [[Section 53 omitted by U.P. Act No. 49 of 2007. Prior to omission it stood as under :'53. Delegation by President of his powers and duties to the Vice-President. - (1) A President may empower, by general or special order the Vice-President to exercise under his control any one or more of his powers, duties or functions except those specified in clauses (n) and (b) of Section 51.53A. Delegation by President of powers under clause (a) of Section 50.
54.
[* * *] [[Section 54 omitted by U.P Act No. 49 of 2007. Prior to omission, it stood as under :'54. Election, term of office and resignation of Vice-President. - (1) Every municipality shall have a Vice-President elected, as occasion arises, from amongst its elected members by the electorates consisting of President, elected members, ex officio members and nominated members of the municipality and the voting at such election shall be by secret ballot.(1-a) A person securing the highest number of votes in an election under sub-section (1) shall be declared elected and in the case of equality of votes, the returning officer shall decide by lot and declare the person elected on whom the lot falls.54A. [ Temporary arrangement in certain cases. - Where a person on being elected President fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of Section 44-A, the powers and functions of the President shall, until a President is able to function be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such Officer shall be called the Administrator, and all powers, functions and duties of the President shall be vested in and be exercised, performed and discharged by him.] [[Substituted by U.P. Act No. 49 of 2007. Prior to substitution, it stood as under :
'54-A. Provision for exercise of powers etc., of President in certain contingencies. - Where a person on being elected President fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of Section 44-A, and no Vice-President has been elected in accordance with this Act, or there is no Vice-President otherwise able to function, the powers and functions of the President shall, until a President or Vice-President is able to function, be exercised and performed by the District Magistrate or by gazetted officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such officer shall be called the Administrator, and all powers, functions and duties of the President shall be vested in and be exercised, performed and discharged by him.55.
[* * *] [[Section 55 omitted by U.P. Act No. 49 of 2007. Prior to omission, it stood as under :'55. Duties of Vice-President. - (1) The Vice-President -(a)shall in the absence of the President from a meeting of the Municipality and unless prevented by reasonable cause, preside, regulate the conduct of business, and maintain and enforce order, at the meeting, and when so presiding may exercise the powers specified in Section 91, (b) shall, during a vacancy in the office of President or in the capacity of temporary absence of the President perform any other duty and, when occasion arises, exercise any other power of the President; (c) shall at any time perform any duty and exercise when occasion arises, any power delegated to him by the President under Section 53.56. [ Notification of elections, nominations and vacancies. - Every election and nomination of a member or President of a] [Substituted by U.P. Act No. 1 of 1955.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], the due constitution of the[Municipality] [ Substituted by U.P. Act No. 12 of 1994.], and every vacancy in the office of members or [President] [Substituted by U.P. Act No. 7 of 1949.] shall be notified in the Official Gazette.
The executive officer and medical officer of health57. [ Power of] [Substituted by U.P. Act No. 5 of 1932.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to appoint and employ Executive Officer and Medical Officer of Health. - [(1) Every] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall, unless the State Government either on its own motion or on representation made by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], otherwise directs, appoint an Executive Officer by a special resolution.
Provided that in every case in which such [Municipality] [Substituted by U.P. Act No. 12 of 1994.] has at the time of the passing of the Act a Secretary but no Executive Officer, the Secretary shall be deemed to be the Executive Officer, until or unless he is duly replaced.58. [ Punishment, dismissal or removal of executive officer and transfer of Medical Officer of Health. - (1) A] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may dismiss, remove or otherwise punish its Executive Officer by a special resolution supported by not less than two thirds of the members constituting the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] subject to his right of appeal to the State Government, within such time and in such manner as may be prescribed :
Provided that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall, in dismissing, removing or otherwise, punishing the Executive Officer, follow the procedure that may be prescribed in this behalf.59. Appointment of officiating Executive Officer.
- [(1) During the absence on leave, or other temporary vacancy in the office of an Executive Officer, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as Executive Officer; and if the period exceeds two months an appointment shall be made by the] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] in accordance with the provisions of Section 57 :Provided that when the period of vacancy which initially did not exceed two months, is subsequently extended due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.60. Functions of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] that must be discharged by the Executive Officer.
60A. [ Function to be discharged by Medical Officer of Health. - Notwithstanding anything contained in Section 60, the State Government may, by notification in the Official Gazette direct that in any municipality, the Medical Officer of Heath] [Inserted by U.P. Act No. 5 of 1932.] [subject to the general control] [Substituted by U.P. Act No. 7 of 1949.] of the Executive Officer shall exercise the following powers; provided that in case of disagreement between these officers the question shall be referred to the President, whose decision shall be final, -
60B. [ Delegation of powers to principal officers of the Electrical, Public Works] [Inserted by U.P. Act No. 7 of 1949.] [* * *] [Omitted by U.P. Act No. 7 of 1953.] and Water Works Department. - The State Government may, by notification in the Official Gazette, direct that in any municipality the principal officers of the Electrical, Public Works, [* * *] [Omitted by U.P. Act No. 7 of 1953.] and Water Works Departments [and of Municipal Museum] [Inserted by U.P. Act No. 26 of 1964.] shall exercise, with reference to their departments [or Museum] [Inserted by U.P. Act No. 26 of 1964.], powers under clause (e) of sub-section (1) of Section 60, and anything done in exercise of the powers conferred under the provisions of this section shall be deemed to be thing done and power exercised by the Executive Officer.
61. Right to appeal from orders of Executive Officer.
62. Delegation of powers by Executive Officer or Medical Officer of Health.
- [(1) With the sanction of the President an Executive Officer, or a Medical Officer of Health may empower, by general or special order, any servant of] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to exercise, under his control, any power, other than a power delegated to him under clause if) of sub-section (1) of Section 60 conferred on him by or under this Act.63. Power of President or [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or committee to require report etc., from Executive Officer or Medical Officer of Health.
64. Right of Executive Officer or Medical Officer of Health to take part in discussions.
- The Executive Officer, [Accounts Officer] [Inserted by U.P. Act No. 7 of 1953.] [or Medical Officer of Health] [Inserted by U.P. Act No. 5 of 1932.] may, within the permission of the [President] [Substituted by U.P. Act No. 7 of 1949.], or in virtue of a resolution passed in this behalf at a meeting of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or of a committee, make an explanation in regard to a subject under discussion, but shall not vote upon or make a proposition at such meeting.65. [ Power of State Government to appoint Executive Officer. - If a] [Substituted by U.P. Act No. 5 of 1932.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] being bound to make an appointment under the provisions of Section 57 or Section 59, fails to make an appointment [* * *] [Omitted by U.P. Act No. 26 of 1964.] within such time as the State Government considers reasonable, the State Government may itself make the appointment and may fix the salary, contributions to provident fund or pension and other conditions appertaining to such appointment :
Provided that if the State Government has made an appointment in exercise of the powers conferred by this section, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall not be bound to pay a sum exceeding a monthly average of Rs. 1,000 in the case of municipalities with an income of three lakhs or over or of Rs. 500 in the case of other municipalities on account of the salary, leave, allowances and contributions of the person so appointed.Other servants66. Appointment of Secretaries.
66A. [ Appointment of Officiating Secretary. - (1) During the absence on leave, or other temporary vacancy in the office of a Secretary appointed under Section 66, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as-Secretary, and if the period exceeds two months an appointment shall be made by the] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] in accordance with the provisions of Section 66.
67. [ Punishment and dismissal of Secretaries. - A] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may dismiss, remove or otherwise punish any Secretary appointed under Section 66 or Section 66-A, by special resolution supported by not less than two thirds of the members constituting the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], subject to his right of appeal to such authority, within such time and in such manner, as may be prescribed :
Provided that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall in dismissing, removing or otherwise punishing the Secretary, follow the procedure that may be prescribed in this behalf.68. [ Appointment of Special Officers of technical department. - (1) A] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, and if so required by the State Government, shall by special resolution, appoint the principal officers of its technical departments such as Civil Engineer, Assistant Civil Engineer, Electrical Engineer, Assistant Electrical Engineer, Water Works Engineer, Assistant Water Works Engineer, Electrical and Water Words Engineer, Assistant Electrical and Water Works Engineer or Overseer and also Secretary where there is already an Executive Officer and Superintendent or Lady-Superintendent of Education.
68A. Compliance by [Municipality] [Substituted by U.P. Act No. 12 of 1994.] of requisition by State Government for servants in times of emergency.
- On the occurrence of war, famine, scarcity, epidemic disease of men, or beasts, flood, or any similar emergency, and to provide for fairs, melas or other occasion, involving large gathering of people, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall immediately comply with any requisition made by the State Government or by an officer of the Government authorised by general or special order to make the requisition, for the services of any of the [Municipality's] [Substituted by U.P. Act No. 12 of 1994.] officers or officials holding posts in its medical, public health, sanitary, vaccination, veterinary, [electrical, water-works] [Inserted by U.P Act No. 7 of 1949.] or Public Works Departments for the services of any vaidya or hakim employed by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], and shall meet such proportion of the charge connected with the requisitioning as the State Government may decide to be a proper charge on the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].68B. [ (1) Notwithstanding anything to the contrary contained in any other law for the time being in force and without prejudice to the generality of the powers conferred by this Act or the rules made thereunder the Executive Officer of concerned Municipality, may at any time by general or special order direct any regular, ad hoc or contractual employee of the Municipality, who goes or remains on or otherwise takes part in any strike which has been prohibited by an order under sub-section (1) of Section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to resume duty by the day or hour and in the manner specified in the order.
68C.
The Executive Officer of concerned Municipality shall, notwithstanding anything to the contrary contained in any other provisions of this Act or the rules or regulations made thereunder be competent to appoint on temporary basis any person possessing the requisite qualifications for discharging the duties of the post of the employee referred to in Section 68-B.] [Inserted by U.P. Act No. 38 of 2006.]69. Punishment and dismissal of officers appointed under Section 68.
- [(1) A] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by special resolution, dismiss, remove or otherwise punish any officer appointed under Section 68 or the proviso to subsection (2) of Section 57, subject to the conditions provided in Section 58 in respect of the dismissal, removal or other punishment of an Executive Officer.69A. [ Framing charges against or suspension of officers by President. - (1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] appointed under Section 68 [or the proviso to sub-section (2) of Section 57] [Inserted by U.P. Act No. 26 of 1964.] is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of misconduct, he may frame charges against him and where he is satisfied that it is so necessary, he may, for reasons to be recorded, suspend him pending the completion of the enquiry [and the passing of the final order by the Prescribed Authority or the Substituted by U.P. Act No. 12 of 1994.[Municipality] [Inserted by U.P. Act No. 26 of 1964.], as the case may be, under sub-section (4).
69B. [ Centralisation of services of Municipal Officers and servants. -] [Substituted by U.P. Act No. 29 of 1966.] [(1) Notwithstanding anything contained in Sections 57, 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80, the State Government may at any time, by rules provided for the creation of one or more services of such officers and servants as the State Government may deem fit, common to all or some] [Substituted by U.P. Act No. 5 of 1984.] [Nagar Panchayats or Municipal Councils or to the Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the State] [Substituted by U.P. Act No. 12 of 1994.] and prescribe the methods of recruitment and conditions of service of persons appointed to any such service.
70. Temporary servants required for emergency.
- The power to appoint and fix the salaries of temporary servants in cases of emergency shall vest in the [President] [Substituted by U.P. Act No. 7 of 1949.] subject to the following conditions, namely, -71. [ Power of] [Substituted by U.P. Act No. 5 of 1932.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to determine permanent staff. - Except as provided by Sections 57, 66, 58 and 70, [and subject to any general or special directions as the State Government may, from time to time, issue] [Inserted by U.P. Act No. 7 of 1949.] a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by [special] [Inserted by U.P. Act No. 26 of 1964.], resolution, determine what servants are required for the discharge of the duties of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and [their qualifications and conditions of service.] [Substituted by U.P. Act No. 26 of 1964.]
72. Combination of offices.
- Subject to the provisions of this Act or of any rule a [Municipality] [Substituted by U.P. Act No. 12 of 1994.], [President or Executive Officer, as the case may be,] [Inserted by U.P. Act No. 26 of 1964.] may appointed one person to discharge the duties of any two or more officers.73. Appointment, etc., of servants on the educational establishment.
- [(1) Subject to the provisions of sub-section (2), the appointment of persons on the educational establishment of a] [Substituted by U.P. Act No. 7 of 1953.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be made by [such] [Substituted by U.P. Act No. 26 of 1964.] authority as may be specified in this behalf by the State Government, and different authorities may be specified for different classes of posts on the establishment.74. [ Appointment and dismissal of permanent superior staff. - Subject to the provisions of Sections 57 to 73, servants on posts in the non-centralised service, carrying scale of pay equal to or higher than the lowest scale of pay admissible to the clerical staff, shall be appointed and may be dismissed, removed or otherwise punished, or the services of a probationer may be terminated, by the President, subject to the right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed :
Provided that appointments on the posts of Tax Superintendent, Assistant Tax Superintendents, Inspectors, Head Clerks, Sectional Head Clerks, Sectional Accountants, Doctors, Vaids, Hakims and Municipal Fire Station Officers, shall be subject to the approval of the] [Substituted by U.P. Act No. 15 of 1983.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.].75. [ Appointment of permanent inferior staff. - Except as otherwise provided, the Executive Officer shall appoint servants carrying scales of pay lower than the lowest scale of pay referred to in Section 74 :
Provided that in the case there is no Executive Officer, the said appointment shall be made by the President.] [Substituted by U.P. Act No. 15 of 1983.]76. [ Punishment and dismissal of permanent inferior staff. - Except as otherwise provided, the Executive Officer, and where there is no Executive Officer, the President may dismiss, remove or otherwise punish servants of the] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], or terminate the services of probationers, [referred to in Section 75] [Substituted by U.P. Act No. 15 of 1983.], subject to their right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed.
77. Limitation of powers conferred by Sections 71 to 76.
77A. [ Powers of Appellate Authority in disciplinary matters. - The Appellate Authority to which an appeal against an order of dismissal, removal or other punishment is preferred under this Act or the rules may, -
77B. [ Power of suspension. - (1) The authority competent to punish an officer or servant of the] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may place him under suspension, -
(a)where a disciplinary proceeding against him is contemplated or pending; or(b)where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial.78. Pension and dismissal in case of servants of the Government employed by [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or vice versa.
79. Leave allowances, provident fund, annuities and gratuities.
80. Limitations of powers conferred by the previous section.
- The provisions of Section 79 shall be subject to the condition that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall not, without the special sanction of the [State Government] [Substituted by ALO 1950.], grant to any officer or servant or to his family a pension, annuity or gratuity greater in amount than that to which he or it would have been entitled, under any general or special orders of the Central Government or [State Government] [Substituted by ALO 1950.], if the service qualifying for the pension, annuity or gratuity had been service under that Government for the same time, on the same pay, and in other respects of the same character.Liability of members, officers and servants81. [ Surcharge. - (1) The President, the] [Substituted by U.P. Act No. 41 of 1976 and shall be deemed always to have been substituted.] [* * *] [Omitted by U.P Act No. 49 of 2007.], and every member, officer and servant of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be liable to surcharge for the loss, waste and misapplication of any money or property of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], its such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such [* * *] [President, Omitted by U.P Act No. 49 of 2007.], member, officer or servant :
Provided that such liability shall cease to exist after the expiry of ten years from the occurrence of such loss, waste or misapplication or after the expiry of five years from the date on which such President, [* * *] [Omitted by U.P Act No. 49 of 2007.], member, officer or servant ceases to hold his office, whichever is later.82. Penalty on member or President acquiring interest in contract, etc.
- A member [or President] [Added by U.P. Act No. 7 of 1949.] of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] who, otherwise than with the permission in writing of the Prescribed Authority knowingly acquires, or continues to have directly or indirectly, by himself or his partner, any [share or interest, whether pecuniary or of any other nature] [Substituted by U.P. Act No. 26 of 1964.] in any contract or employment, with, by, or in behalf of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], shall be deemed to have committed an offence under Section 168 of the Indian Penal Code :Provided that a person shall not be deemed for the purposes of sub-section (1) to acquire, or continue to have, any [share or interest, whether pecuniary or of any other nature] [Substituted by U.P. Act No. 26 of 1964.] in a contract or employment by reason only of his, -83. Provision against servants being interested in contract, etc.
84. All officers and servants of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to be deemed public servants.
- Every officer or servant of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act No. XLV of 1860) and in the definition of "legal remuneration" in Section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a [Municipality] [Substituted by U.P. Act No. 12 of 1994.].85. Penalty on specified municipal servants for failure to discharge their duties.
Chapter III
Conduct Of Business
Municipal meetings and proceedings86. Meetings of a [Municipality] [Substituted by U.P Act No. 12 of 1994.].
87. Transaction of business at meetings.
- Subject to any provision to the contrary made by regulation in this behalf, any business may be transacted at any meeting :Provided that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been given :Provided also that nothing in this section shall apply to the motion that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall adopt a resolution expressing non-confidence in the President or to a motion that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall adopt a resolution calling upon the President to resign.87A.
[* * *] [Omitted by U.P. Act No. 22 of 2001, Section 4 (w.e.f. 5.10.2001).][Uttarakhand] [The word 'Uttaranchal' Substituted by Act No. 52 of 2006.] Amendment[Section 87-A of the principal Act shall be omitted.] [Omitted by Uttaranchal Act No. 11 of 2005.]88. Quorum.
89. President of meeting.
- If at a meeting [President is not present] [Substituted by U.P. Act No. 49 of 2007.], the members present shall elect one of their members to be the [President] [Substituted by U.P. Act No. 7 of 1949.] of the meeting, and such [President] [ubstituted by U.P. Act No. 7 of 1949.] shall perform all the duties, and may exercise all the powers of the [President] [Substituted by U.P. Act No. 7 of 1949.] of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] when presiding at a meeting.90. Publicity of meeting.
- Every meeting shall be open to the public unless the [President] [Substituted by U.P. Act No. 7 of 1949.] thereof considers that the public should be excluded during the whole or any part of the meeting.91. Power of President of meeting to maintain order.
- Where at a meeting of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], any member or other person refuses to comply with any direction of the [President] [Substituted by U.P. Act No. 7 of 1949.] ruling any business, discussion or matter out of order, or otherwise regulating the conduct or members or of business or where any member or person willfully disturbs the meeting, the [President] [Substituted by U.P. Act No. 7 of 1949.] may require that member or person to withdraw from the meeting and, in the even of this omitting to do so, may employ against him such force as is necessary or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.92. Decision by vote.
93. Right of certain officers to attend and speak at meetings.
- The [Chief Engineer, Uttar Pradesh Jal Nigam, the Director of Medical Health and Family Welfare, Uttar Pradesh or the Assistant Director, Medical Health and Family Welfare, Uttar Pradesh, the Medical Officer] [Substituted by U.P. Act No. 12 of 1994.] of the district, the Executive Engineer, the Inspector of Schools, and any other officer specially authorized by the State Government in this behalf shall be entitled to attend a meeting of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and to address the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] on any matter affecting their respective departments.94. The minute book and resolutions.
95. Conduct of correspondence, accounts, budgets, etc.
- The following matters shall be regulated and governed by rules made by the State Government, namely, -96. Sanctioning of contracts.
97. Execution of contracts.
97A. [ Special provision regarding certain projects. - Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Central Government or receiving aid from the World Bank or any other foreign organisation, be made or sanctioned in accordance with the scheme approved by the State Government :
Provided that the meeting of the Municipality for sanction of funds for the urban development project shall be convened and decision be taken within one month from the date of approval of the project by the State Government :Provided further that if the meeting of the municipality is not convened or decision is not taken within the time specified in the first proviso, the municipality shall be deemed to have sanctioned the funds and if the sanction is refused or is accorded with modifications, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the municipality and the municipality shall be deemed to have sanctioned the funds accordingly. The Executive Officer may thereupon execute the project, spend funds and ensure completion of the project within the stipulated time :Provided also that the municipality shall undertake regular moni-taring of the projects and shall send its report to the State Government.] [Inserted by U.P. Act No. 12 of 1994.]97B. [ Private sector participation agreement - (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in Sections 7 and 8 :
(a)promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm, society, trust or any body corporate or any institution, or Government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost.(b)consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm, or society or trust, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency.98. Registration of instruments.
- When the [* * *] [The word 'Indian' omitted by Section 2 of Act No. 45 of 1969.] Registration Act, 1908, or any rule made thereunder, requires or permits any act to be done with reference to a document by a person executing or claiming under the same, and the document has been executed on behalf of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or is a document under which a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] claims, the Act may, notwithstanding anything to the contrary contained in the aforesaid enactment, or in any rule thereunder, be done by the President, the Executive Officer or a Secretary of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or by any other officer of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] empowered by regulation in this behalf.The budget99. The Budget.
100. The revised budget.
- As soon as may be after the first day of October a revised budget for the year shall be framed and such revised budget, shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 99.101. Minimum closing balance shown in budget.
- In framing a budget a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall provide for the maintenance of such minimum closing balance (if any) as the State Government may by order prescribe.102. Budget of indebted [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
- Where in the opinion of the [State Government] [Substituted by ALO 1950.] the condition of indebtedness of any [Municipality] [Substituted by U.P. Act No. 12 of 1994.] is such as to make the control of the State Government over its budget desirable, the [State Government] [Substituted by ALO 1950.] may, by order declaring that such is the case, direct that the budget of such [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be subject to the sanction of the [State Government] [Substituted by ALO 1950.] or the [Prescribed Authority] [Substituted by U.P. Act No. 7 of 1949.] and that the power to vary or alter the budget under sub-section (3) of Section 99 shall be subject to conditions to be prescribed by rule.103. Prohibition of expenditure in excess of budget.
104. Appointment of Committees.
105. Appointment of persons other than members.
106. Vacancies in Committees.
- A vacancy occurring in any committee may at any time be filled up by the appointment by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], in the manner prescribed by Section 104, or Section 105, of another member or persons.107. President of a Committee.
108. Procedure of Committees.
109. Subordination of Committees to [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
110. Joint Committee.
110A. Formation of State [Municipalities] [Substituted by U.P. Act No. 12 of 1994.] Union and its functions.
111. Powers of which the exercise is reserved to a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] acting by resolution.
112. Delegation of powers by [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
113. Presumptions and savings.
Chapter IV
Municipal Fund And Property
114. Municipal fund.
- [(1) There shall be established, for each municipality a Municipal Fund and to the credit whereof shall be placed all sums received including the grants-in-aid from the consolidated fund of the State and all loans raised, by or on behalf of the municipality.114A. [ Powers of the] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to borrow money. - For performance of its duties and functions, whether mandatory or discretionary, a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may with the previous sanction of the State Government, and subject to the rules prescribed in this behalf, raise loans in the open market or from any financial institution by issue of debentures or against any other security.
115. Custody and investment of municipal fund.
- [(1) The municipal fund shall be kept in the Government treasury or sub-treasury or in the State Bank of India or with the previous sanction of the State Government, in the Uttar Pradesh Co-operative Bank or in a Scheduled Bank.] [Substituted by U.P. Act No. 26 of 1964.]116. Property vested in [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
- Subject to any special reservation made by the [State Government] [Substituted by ALO 1950.], all property of the nature hereinafter in this section specified and situated within the [municipal area] [Substituted by U.P. Act No. 12 of 1994.] shall vest in and belong to the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], and shall, with all other property which may become vested in the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], be under its direction, management and control, that is to say, -117. Compulsory acquisition of land.
- Where a [Municipality] [Substituted by U.P. Act No. 12 of 1994.], for the purpose of exercising any power or performing any duty conferred or imposed upon it by or under this or any other enactment, desires the State Government to acquire on its behalf, permanently or temporarily, any land or any right in respect of land under the provisions of the Land Acquisition Act, 1894, or of other existing law, the State Government may, at the request of [Municipality] [Substituted by U.P. Act No. 12 of 1994.], [in the manner prescribed] [Inserted by U.P. Act No. 7 of 1949.] acquire such land or such right under the aforesaid provisions; and, payment by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].118. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to manage and control property entrusted to its management.
- Subject to the provisions of the next section and to any condition imposed by the owner of the property a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may manage and control any property entrusted to its management and control.119. Public institutions.
120. Application of municipal fund and property.
120A. [ Restriction on expenditure from municipal fund over certain litigation. - No expenditure from the municipal fund shall be incurred without the prior sanction in writing of the director for the purposes of defraying the costs of any proceedings instituted or commenced in any Court of law by or on behalf of a] [Inserted by U.P. Act No. 41 of 1976.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or its President in respect of any order made or purporting to have been made by the State Government under Section 30, Section 34, Section 40 or Section 48.
121. Disposal of municipal fund when area ceases to be a [transitional area or a smaller urban area, as the case may be.] [Substituted by U.P. Act No. 12 of 1994.]
122. Disposal of municipal fund when area ceases to be included in a [transitional area or a smaller urban area, as the case may be] [Substituted by U.P. Act No. 12 of 1994.].
123. Application of funds and property accruing to Government under Section 121 or 122.
- Any municipal fund or portion of a municipal fund or other property of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] accruing under the provisions of Section 121 or 122 to the [State Government] [Substituted by ALO 1950.], shall be applied in the first place to satisfy any liability of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] transferred under such provisions to the [State Government] [Substituted by ALO 1950.] and secondly for the benefit of the inhabitants of the local area.124. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to transfer property.
125. Payment of compensation from municipal fund.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], its officers or servants under this or any other enactment or vested in the [State Government] [Substituted by ALO 1950.], the [Prescribed Authority] [Substituted by U.P. Act No. 7 of 1949.] or the District Magistrate under Section 34 and shall make such compensation where the person sustaining the damages was not himself in default in the manner in respect of which the power was exercised.126. Payment by [Municipality] [Substituted by U.P. Act No. 12 of 1994.] for special police protection at fairs, etc.
127. Other matters relating to municipal fund and property.
- The following matter shall be regulated and governed by rules made by the [State Government] [Substituted by ALO 1950.] under Section 296, namely, -127A. District Planning Committee.
127B. Preparation of plan.
127C. Finance Commission.
Chapter V
Municipal Taxation
Imposition and alteration of taxes128. [ Taxes to be imposed.
| Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under :128. Taxes which may be imposed.- (1) Subject to any general rules or special order of the State Government in this behalf, the taxes which a Municipality may impose in the whole or part of a municipality are, -(i) a tax on the annual value of building or lands or of both;(ii) a tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on municipal services;(iii) a tax on trades, callings and vocations including all employments remunerated by salary or fees;(iii-a) a theatre tax which means a tax on amusements or entertainments;(iv) a tax on vehicles and other conveyances plying for hire or kept within the municipality or on boats moored therein;(v) a tax on dogs kept within the municipality;(vi) a tax on animals used for riding, driving, draught or burden, when kept within the municipality;(vii) [* * *](viii) [* * *](ix) a tax on inhabitants assessed according to their circumstances and property;(x) a water-tax on the annual value of buildings or lands or of both;(x-a) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by rule in this behalf for each municipality from the nearest sewer line;(xi) a scavenging tax;(xii) a conservancy tax for the collection, removal and disposal of ex-crementious and polluted matter from privies, urinals, cesspools;(xiii) [* * *](xiii-A) [* * *](xiii-B) a tax on deeds of transfer of: immovable property situated within the limits of the municipality;(xiv) [* * *](2) Provided that taxes under clauses (iii) and (ix) of sub-section (1) shall not be levied at the same time [* * *] nor shall the taxes under clauses (x-a) and (xii) of sub-section (1) be levied at the same time;Provided further that no tax under clause (xiii-B) of sub-section (1) shall be levied on deeds of transfer of immovable property situated within such area of the municipality as forms part of the local area of any Improvement Trust created under Section 3 of the U.P. Town Improvement Act, 1919 (U.P. Act No. VIII of 1919):Provided also that no tax under clause (iv) of sub-section (1) shall be levied in respect of any motor vehicle.(3) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution :Provided that a Municipality which immediately before the commencement of the Constitution was lawfully levying any such tax under this section as then in force, may continue to levy that tax until provision to the contrary is made by Parliament. |
128A. Tax on deeds of transfer of immovable property.
- [(1) Where a] [Substituted by U.P. Act No. 29 of 1966.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] has imposed a tax referred to in clause (xiii-B) of sub-section (1) of Section 128, the duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of immovable property situated within the limits of such municipality, be increased by two per cent, on the amount or value of the consideration with reference to which the duty is calculated under the said Act :Provided that the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by a special resolution, with the prior approval of the State Government, raise the aforementioned percentage of the increase in stamp duty up to five.129. [] [Substituted by U.P. Act No. 10 of 1978.] [Restriction on the imposition of water-tax.] [Inserted by U.P. Act No. 12 of 1994.] - The imposition of a tax under [clause (ii) of sub-section (1)] [Substituted by U.P Act No. 8 of 2011, for 'clause (x) of sub-section (1)'.] Section 128 shall be subject to the restriction that the tax shall not be imposed, -
129A. [ Levy of tax on annual value of buildings or lands or both. - The Tax on annual value of buildings or lands or both shall be levied in respect of all buildings and lands situated in the municipal limit except, -
130. Restrictions on the imposition of other taxes.
- [The imposition of a tax under] [Substituted by U.P. Act No. 26 of 1964.] [clause (iv) of sub-section (1) or clause (vi) of sub-section (2)] [Substituted by U.P. Act No. 8 of 2011, for 'clause (xi) or (xii) of sub-section (1)'.] of Section 128 shall be subject to the restriction that the tax shall not be assessed on any house or building or leviable from the occupier of any house or building unless the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] under clause (a) of Section 196 undertakes the house scavenging or the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools of such house or building.130A. [ Power of State Government to require] [Inserted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to impose taxes. - (1) The [State Government] [Substituted by ALO 1950.] may, by general or special order, published in the Official Gazette, require a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to impose any tax mentioned in Section 128, not already imposed, at such rate and within such period as may be specified in the notification and the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall thereupon act accordingly.
130B. [ Pooling of receipts of taxes for certain purposes. - All moneys derived from water, drainage, scavenging and conservancy taxes mentioned in] [Added by U.P. Act No. 26 of 1964.] [clauses (ii), (iii) and (iv) of sub-section (1) and clause (vi) of sub-section (2)] [Substituted by U.P. Act No. 8 of 2011, for 'clauses (x), (x-a), (xi) and (xii) of sub-section (1)'.] of Section 128 and all other incomes derived from water-works and sullage farms and disposal of excrementitious and polluted matters collected from privies, urinals and cesspools shall be pooled together and shall be used for purposes connected with the construction, maintenance, extension or improvement of the water-works and drainage works and arrangements for scavenging and collection, removal and disposal of excrementitious and polluted matters from privies, urinals and cesspools including maintenance of sullage farms.
131. Framing of preliminary proposals.
132. Procedure subsequent to framing proposals.
133. Power of State Government or [Prescribed Authority] [Substituted by U.P. Act No. 7 of 1949.] to reject, sanction or modify proposals.
134. Resolution of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] directing imposition of tax.
135. Imposition of tax.
136. Procedure for altering taxes.
- The procedure for abolishing a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of sub-section (1) of Section 131, shall, so far as may be, the procedure prescribed by Sections 131 to 135 for the imposition of a tax.137. Power of State Government to remedy or abolish tax.
138. Consolidation of taxes.
139. Deduction required by exemptions.
140. [ Definition of annual value.
| Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under:140. Definition of annual value.- (1) 'Annual value' means, -(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories, and other such buildings, a proportion not exceeding five per centum, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appurtenant thereto; and(b) in the case of a building or land not falling within the provisions of clause (a), the gross annual rent for which such building, exclusive of furniture or machinery therein, or such land is actually let or where the building or land is not let or in the opinion of the Municipality is let for a sum less than its fair letting value, might reasonably be expected to let from year to year.(2) Provided that where the annual value of any building would by reason of exceptional circumstances, in the opinion of the Municipality be excessive if calculated in the aforesaid manner, the Municipality may fix the annual value of any less amount which appears to it equitable. |
141. Preparation of assessment list.
- The Municipality or the Executive Officer authorised by it in this behalf, shall cause area-wise rental rates and an assessment list in the municipal area or part thereof to be prepared from time to time in accordance with the manner prescribed in the rules.[Vide Uttaranchal Act No. 11 of 2005.]| Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under:141. Preparation of assessment list.- (1) When a tax on buildings or lands or both is imposed, the Municipality shall cause an assessment list of all buildings or lands or both in the municipal area or any part thereof to be prepared from time to time containing, -(a) the name of the street or mohalla in which the property is situated;(b) the designation of the property, either by name or by number sufficient for identification;(c) the names of the owner and occupier, if known;(d) the annual letting value or other particulars determining the annual value; and(e) the amount of the tax assessed thereon.(2) For the purpose of making such assessment list, the Municipality may, from time to time appoint, with or without remuneration, any person or persons, whether members or not, and the person or persons so appointed may, for such purpose make an inspection of any property concerned. |
141A. [ Option to deposit a tax on the annual value of building or land or of both by self assessment. - Notwithstanding anything to the contrary in any other provision of this Act, the owner or occupier primarily liable for payment of tax in respect of a building may himself assess every year his liability regarding the amount of property tax payable by him and in doing so he may himself determine the annual value of the building in accordance with the provisions of Section 140, and deposit the tax so assessed by him in such manner, together with a statement of such self-assessment, in such form as may be prescribed.] [Inserted by U.P. Act No. 8 of 2011.]
141B. Submission of the details of houses or lands for assessment of tax.
142. [ Publication of list. - The Municipality or the Executive Officer authorized by it in this behalf shall publish the list prepared under Section 141 in accordance with the manner prescribed in the rules.] [[Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under:
142. Publication of list. - When the assessment list has been prepared the Municipality shall give public notice of the place where the list or a copy thereof may be inspected; and every person claiming to be either owner or occupier or property included in the list, and an agent of such person, shall be a t liberty to inspect the list and to make extract therefrom without charge.]]
143. [ Objections on proposed rates and list.
- The Municipality or the Executive Officer authorised by it in this behalf shall dispose off the objections in accordance with the manner prescribed in the rules.[Inserted by U.P Act No. 26 of 1964.]| Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under:143. Objections to entries in list.- (1) The Municipality shall at the same time give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered therein, and in all cases in which any property is for the first time assessed or the assessment is increased, it shall also give notice thereof to the owner or occupier of the property, if known.(2) All objections to valuations and assessments shall be made to the Municipality, before the date fixed in the notice, by application in writing stating the grounds on which the valuation and assessment are disputed, and all applications so made shall be registered in a book to be kept by the Municipality for the purpose.(3) The Municipality, or a committee empowered by delegation in this behalf, or an officer of Government or the Municipality to whom, with the permission of the Prescribed Authority the Municipality delegates, and it is hereby empowered so to delegate by resolution, powers in this behalf, shall, after allowing the applicant an opportunity of being heard in person or by agent, -(a) investigate and dispose of the objections;(b) cause the result thereof to be noted in the book kept under sub-section (2); and(c) cause any amendment necessary in accordance with such result to be made in the assessment list. |
144. [ Authentication and custody of list.
| Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under:144. Authentication and custody of list.- (1) When all objections made under Section 143 have been disposed of, and all amendments required by sub-section (3) of that section have been made in the assessment list, the said list shall be authenticated by the signature of the President or, in the case of delegation under Section 143 to a committee or to an officer of Government or of the Municipality, by the signatures of not less than two members of such committee or by the signature of the officer aforesaid; and the person or persons so authenticating the list shall certify the consideration of all objections duly made and the amendment of the list so far as required by the decisions on such objections.(2) The list so authenticated shall be deposited in the municipal office, and shall, thereupon, be declared by public notice to be open for inspection. |
145. Revision and duration of list.
145A. [ Adoption of value of property determined under U.P. Act XII of 1962. - Notwithstanding anything contained elsewhere in this Act the] [Inserted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may by special resolution decide that the taxable value of buildings and lands determined under clause (ii) of Section 4 of the Uttar Pradesh (Nagar Khsettra) Bhumi Aur Bhawan Kar Adhiniyam, 1962, shall be the annual value for the purpose of this Act.
146. Conclusiveness of entries in list.
- An entry in an assessment list shall be conclusive proof, -147. Amendment and alteration of list.
148. Obligation to supply information for purposes of amendment.
149. Liability for payment of certain taxes on annual value.
150. Liability for payment of other such taxes.
151. Remission by reason of non-occupation.
152. Obligation to give notice of re-occupation.
153. Rules as to assessment, collection and other matters.
- The following matters shall be regulated and governed by rules except in so far as provision therefor is made by this Act, namely, -154. [ [* * *]
155.
[* * *]155A.
[* * *]] [Omitted by U.P. Act No. 9 of 1991.]156. Composition.
157. Exemption.
158. Obligation to disclose liability.
- [(1) The] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or any Assessing Authority under this Act may by written communication call upon an inhabitant of the [municipal area] [Substituted by U.P. Act No. 12 of 1994.] to furnish such information or produce such records, books of account and documents as may be necessary in order to ascertain, -(a)whether such inhabitant is liable to pay a tax imposed under this Act;(b)at what amount he should be assessed;(c)the annual value of the building or land which he occupies and the name and address of the owner.159. Powers of discovery.
- Subject to the conditions and restrictions specified in sub-section (2) of Section 287, the [President] [Substituted by U.P. Act No. 7 of 1949.], the executive officer and, if authorized in this behalf by resolution, any other member, officer or servant of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may enter, inspect and measure a building for the purposes of valuation, or enter and inspect a stable, coach house or other place wherein there is reason to believe that there is a vehicle or animal liable to taxation under this Act.159A. [ Rounding off of figures. - In computing the amount of any tax under this Act a fraction of a rupee less than five paise or which is not a multiple of five paise shall be rounded off to five paise or to the next higher multiple of five paise as the case may be.] [Inserted by U.P. Act No. 26 of 1964.]
Appeal against taxation160. Appeals relating to taxation.
161. Limitation and preliminary deposit of tax claimed.
- No such appeal shall be heard and determined unless, -162. Reference to High Court
163. Costs.
164. Bar to jurisdiction of civil and criminal courts in matters of taxation.
165. Savings.
- No assessment list or other list, notice, bill or other such document specifying, or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstance shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form, and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.Chapter VI
Recovery Of Certain Municipal Claims
166. Presentation of bill.
167. Contents of bill.
- Every such bill shall specify, -168. Notice of demand.
- If the sum for which a bill has been presented as aforesaid is not paid into the municipal office or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form set forth in Schedule IV, or to the like effect.169. Issue of warrant.
170. Forcible entry for purpose of executing warrant.
171. Manner of executing warrant.
172. Sale of goods under warrant, and application of proceeds.
173. Procedure in case of execution against property outside [municipal area] [Substituted by U.P. Act No. 12 of 1994.].
173A. [ Recovery of taxes as arrears of land revenue. - (1) Where any sum is due on account of a tax, other than] [Inserted by U.P. Act No. 26 of 1964.] [any tax] [Substituted by U.P. Act No. 9 of 1991.] payable upon immediate demand, from a person to a [Municipality] [Substituted by U.P. Act No. 12 of 1994.], the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may without prejudice to any other mode of recovery apply to the Collector to recover such sum together with costs of the proceedings as if it were an arrear of a land revenue.
174. Fees and costs.
- Fees for, -175. Savings.
- No distress or sale made under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, detect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.176. Alternative power of bringing suit.
- Instead of proceeding by distress and sale, of in case of failure to realize thereby the whole or any part of the demand, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may sue the person liable to pay the same in any Court of competent jurisdiction.177. Liability of immovable property for taxes.
- All sums due on account of a tax imposed on the annual value of buildings or lands or of both shall, subject to the prior payment of the land revenue (if any) due to the Government thereupon, be a first charge upon such buildings or lands.Chapter VII
Powers And Penalties In Respect Of Buildings, Public Drains, Streets, Extinction Of Fires, SCAVENGING AND WATER SUPPLY
Building regulations178. Notice of intention to erect building or make well.
179. Plans and specifications required to validate notice.
180. Sanction of work by [Municipality] [Substituted by U.P Act No. 12 of 1994.].
180A. Restriction on the power of a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to sanction construction of a place of entertainment in certain cases.
- Notwithstanding anything contained in this Act, or any bye-law made thereunder, the construction of, or any addition to any building of public entertainment or any addition thereto, shall not, except with the previous approval of the State Government, be sanctioned by a [Municipality] [Substituted by U.P. Act No. 12 of 1994.], if the site of, or proposed for such building is, -181. Duration of sanction.
182. inspection of works requiring sanction.
- The [President] [Substituted by U.P. Act No. 7 of 1949.], the executive officer and if authorised in this behalf by resolution any other member, officer or servant of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, at any time and without warning inspect any work in respect of which notice is required under Section 178, -183. Compensation for damage sustained through order passed under Section 180.
- Notwithstanding anything contained in Section 125, a person giving notice under Section 178, shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] under Section 180, unless, -184. Effect of sanction under Section 180.
185. Illegal erection or alteration of a building.
- Whoever begins, continues or completes the erection or re-erection of, or any material alteration in a building or part of a building or the construction or enlargement of a well, without giving the notice required by Section 178, or in contravention [of the provisions of Section 180, sub-section (5) or] [Inserted by U.P. Act No. 2 of 1919.], of an order of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] refusing sanction or any written directions made by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] under Section 180 or any bye-law, shall be liable upon conviction to a fine which may extend to [one thousand rupees but which, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than two hundred and fifty rupees] [Substituted by U.P. Act No. 26 of 1964.].186. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to stop erection 2nd to demolish building erected.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] considers that such erection, re-erection, alteration, construction or enlargement is an offence under Section 185 and may, in like manner, direct the alteration or demolition as it deems necessary of the building, part of a building, or the well, as the case may be.Extinction of fire187. Establishment and maintenance of fire-brigade.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may establish and maintain a fire-brigade and may provide any implements, machinery, or means of communicating intelligence which it thinks necessary for the prevention and extinction of fire.188. Power of fire-brigade and other persons for suppression of fires.
189. Construction of public drains.
190. Alteration of public drains.
191. Use of public drains by private owners.
192. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to enforce drainage connection with public drains.
193. Power of private person to carry a drain through the land of another person.
194. Right of owner to divert drain on his land.
- The owner of any land into, through or under which a drain has been carried under the provisions of the preceding section may, at any time, with the written permission of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and subject to such conditions as the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] impose, divert the drain at his own expense.Scavenging and cleansing195. Definition of house-scavenging.
- House-scavenging means the removal of filth, rubbish, odour or other offensive matter from the dust-bin, privy, cesspool or other receptable for such matter in or pertaining to a house or a building.196. Adoption and relinquishment by [Municipality] [Substituted by U.P. Act No. 12 of 1994.] of house-scavenging, etc.
- Subject to the provisions hereinafter contained with respect to the rights of customary sweepers and of agriculturists, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, -197. Objections to adoption.
198. Continuance of house-scavenging once adopted by [Municipality] [Substituted by U.P. Act No. 12 of 1994.].
- When the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] has undertaken the house-scavenging of a house or building under Section 196, it may continue to perform such house-scavenging with or without the consent of the occupier for the time being of such house or building.199. Powers of municipal servants for house-scavenging.
- The servants of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house-scavenging undertaken by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].200. Savings in favour of customary sweepers and of agriculturists.
- Notwithstanding anything in Section 196, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall not, except in accordance with the provisions of Sections 201 and 202, -201. Punishment of customary sweepers for negligence.
202. Procedure in case of default by agriculturists.
203. Provisions of laying out and making a street before the construction of a building on a site which does not abut a public or private street.
- [Except where a site abuts a public or private street, if any person owning or possessing any land not hitherto used for building purposes intends to utilise, sell, lease or otherwise transfer such land or any portion thereof as site for the construction of a building, he shall, before utilising, selling, letting or otherwise transferring such site, lay out and make a street which shall connect such site with an existing public or private street] [Substituted by U.P. Act No. 7 of 1949.].204. [ Permission to lay out and make a street. - (1) Every person before beginning to lay out or make a new private street shall submit an application in writing to the] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] seeking permission to lay out or make such street and shall, alongwith such application, submit plans showing the following particulars, -
(a)the proposed level, direction and width of the street;(b)the street alignment and the building line and shall also state in the application the arrangements to be made for the levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting of the street.205. [ Sanction of the] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to be presumed for laying out and making of a street in certain cases. - Should the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] neglect or omit for 60 days after the receipt of an application under sub-section (1) of Section 204 or if an order has been issued under sub-section (3) asking for further information, fail within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], such person may, by a written communication, call the attention of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to the omission, neglect or failure, and if such omission, neglect or failure continues for a further period of 30 days, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall be deemed to have sanctioned the laying out and making of the proposed street absolutely :
Provided that nothing contained herein shall be construed to authorise any person to act in contravention of any provisions of the Act or any bye-laws.206. Duration of sanction.
207. Illegal making of a street.
- Whoever begins, continues or completes the laving out or making of a street without giving the notice required by Section [204] [Substituted by U.P. Act No. 7 of 1949.] or in contravention of any written directions made by the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] under Section 205 or any bye-law or any provision of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees.208. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to alter unsanctioned street and demolish the same.
- [(1) If any person lays out or makes any street referred to in Section 204, without or otherwise than in conformity with the orders of the] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing, -(a)require the offender to show sufficient cause by a written statement signed by him and sent to the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.], or if such alteration be impracticable, why such street should not be demolished, or(b)require the offender to appear before the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] either personally or by a duly authorised agent, on such day of such time and place as may be specified in the notice, and show cause as aforesaid.209. Sanction of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to projections over streets and drains.
210. Penalty for construction of projections over streets or drains without permission.
- Any person erecting or re-erecting any such projection or structure as is referred to in Section 209 without the permission thereby required or in contravention of any permission given thereunder shall be liable for conviction to a fine which may extend to [one thousand rupees and in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court shall not be less than two hundred and fifty rupees.] [Substituted by U.P. Act No. 26 of 1964.]211. Power to remove encroachments and projections over streets and drains.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein :Provided that in the case of any such projection or structure lawfully in existence on or before the tenth day of March 1900, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall make compensation for any damage caused by the removal or alteration, which shall not exceed ten times the cost of erection and demolition.212. Power to require levelling, paving, etc. of a street.
- [(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, or lighted to the satisfaction of the] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.], the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may by notice require the owners or occupiers of premises [or lands] [Inserted by U.P Act No. 26 of 1964.], fronting, or abutting such street or part thereof to carry out any work which in its opinion may be necessary and within such time as may be specified in such notice.212A. Power of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to control and regulate the construction of any building or street and drains beyond [Municipal area] [Substituted by U.P. Act No. 12 of 1994.].
- [Notwithstanding anything contained elsewhere in this Act, a] [Substituted by U.P. Act No. 26 of 1964.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may subject to such conditions and limitations as may be prescribed, control and regulate under this Chapter the construction of any building, street or drain, beyond the [limits of municipal area] [Substituted by U.P. Act No. 12 of 1994.] up to a distance of five miles.213. Power to require the protection of streets during erection of buildings, etc.
214. Power to require trimming of hedges and trees.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by notice, require the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.215. Power to remove accidental obstructions.
- When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain and encumber a street, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.216. Regulation of troughs and drain water pipes affecting a street.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land, and for discharging the same in such manner as the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may think fit, so as not to inconvenience persons passing along the street.217. Naming of streets and numbering of buildings.
218. Power to attach brackets to buildings, etc.
219. Power to construct, improve and provide sites on public streets.
- A [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, -220. Use of public streets by vendors and other persons.
- Notwithstanding any right or privilege (previously) acquired, accrued, or enjoyed in a [municipal area] [Substituted by U.P. Act No. 12 of 1994.] for which bye-laws under sub-head (b) of heading E of Section 298 have been made and are in force, no itinerant vendor, or any other person, shall be entitled to use or occupy any public street or place for the sale of articles or for the exercise of any calling or for the setting up of any booth or stall without the permission of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] given in accordance with such bye-laws.221. Adoption of a street as a public street
- [(1) A] [Substituted by U.P. Act No. 7 of 1949.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may at any time, and shall, when required by a requisition under sub-section (3) of Section 212 by public notice posted up in a street, that is not a public street, or in part of such street, give intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up the owner or owners of such street or such part of a street, or of a greater portion thereof, may lodge objections at the municipal official against the notice. The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall consider the objections lodged, and if it rejects them, may, by further public notice posted up in such street or such part, declare the same to be a public street.222. Power to regulate line of buildings on public streets.
223. Duties of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] when constructing public streets, etc.
224. Power of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] to construct and alter water-works.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may, -224A. Powers and liabilities of licensee.
224B. [ Revocation of existing licences. - Every licence granted under clause (c) of Section 224 shall, if not already revoked, stand revoked with effect from June 13, 1975.] [Substituted by U.P. Act No. 45 of 1975.]
224C. [ Provisions where licence of a licensee is revoked. - (1) Where the licence of a licensee is revoked under Section 224-B as it stood immediately before the commencement of the U.P. Municipalities (Amendment) Act, 1975, or where such licence stands revoked by virtue of the new Section 224-B as substituted by the said Act, all the property pertaining to the water-works (namely, all existing water supply services, including all plants, machinery, water-works, pumping sets, filter beds, water mains and pipes laid down along, over or under any public street, and all buildings and other works, materials, stores and things appurtenant thereto) belonging to or vested in the licensee immediately before the date of revocation of the licence (hereinafter in this section referred to as the 'said date') shall as from the said date vest in and stand transferred to the] [Substituted by U.P. Act No. 45 of 1975.] [Municipality] [Substituted by U.P. Act No. 12 of 1994.] free from any debt, mortgage or similar obligation of the licensee attached to such property :
Provided that any such debt, mortgage or similar obligation shall attach to the amount referred to in sub-section (2) in substitution for such property.| Column 1Description of asset | Column 2Number of years or period |
| A. Land owned under full title | Infinite |
| B. Land held under lease. | The period of the lease or the period remaining unexpired onthe assignment of the lease. |
| C. Assets purchased now, - | |
| (a) buildingand Civil Engineering works of a permanent character notmentioned above - | |
| (i) Offices | Fifty |
| (ii) Temporaryerections such as wooden structures. | Five |
| (iii) Roadsother than Kachcha Roads. | One hundred |
| (iv) Others | Fifty |
| (b)Self-propelled vehicles | Seven |
| (c) (i) Officefurniture and fittings. | Twenty |
| (ii) Officeequipment | Ten |
| D. Assets purchased second hand and assets not otherwiseproposed for in this Table. | Such reasonable period as the Special Officer determines ineach case having regard to the nature, age and condition of theasset at the time of its acquisition by it. |
225. Power to require private water-course, etc. to be cleaned or closed.
226. Emergent powers on outbreak of epidemic
- In the event of a [municipal area] [Substituted by U.P. Act No. 12 of 1994.], or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the [President] [Substituted by U.P. Act No. 7 of 1949.] of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] or any person authorised by him in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further, take such steps as he deems fit to prevent the removal of water therefrom.227. Removal of latrines, etc. near any source of water supply.
- The [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may by notice require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.228. Obligation of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] imposing water-tax.
229. Supply of water by agreement.
- Every [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may by agreement supply any owner or occupier of land with any water that he may require for any purpose for such remuneration, consistent with any rate or rates prescribed by rule, and on such terms and conditions, consistent with this Act and with any rule, as are agreed on between the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] and such owner or occupier.230. Charges for water supply.
231. Exemption of [Municipality] [Substituted by U.P. Act No. 12 of 1994.] from liability owing to accident, etc.
- Notwithstanding any obligation imposed on a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] by Section 228 or by any agreement made under Section 229, a [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall not be liable to any forfeiture, penalty or damages for failure to supply water, if the failure to supply arises from accident or from unusual drought or other unavoidable cause.232. Subordination to supply for domestic purposes of supply for other purposes.
- Notwithstanding any obligation to supply water imposed by an agreement under Section 229, the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] may at any time cease to supply water for other than domestic purposes, if it is of the opinion that such supply would interfere with the supply of water for domestic purposes, in such case the [Municipality] [Substituted by U.P. Act No. 12 of 1994.] shall not be liable to any forfeiture, penalty or damages for so ceasing, -233. Subordination of rights of supply to restrictive rules.
- Notwithstanding anything contained in Section 228 or in any agreement under Section 229, the supply of water to any building or land shall be, and shall be deemed to have been granted, subject to the provisions of any rule made under Section 235, and in particular to any provision as to the limit or stoppage of the supply and as to the prevention of waste and misuse.234. Provision as to meters and connection pipes.
- All meters, connection pipes and other works incidental to the supply of water to any building or land shall except as otherwise provided by rule, be supplied, repaired extended and altered as may be necessary, at the expense of the person requiring the supply, but shall be under the control of the [Municipality] [Substituted by U.P. Act No. 12 of 1994.].235. Water-supply rules.
235A. [ Rules relating to the supply of water by a person or company. - The following matters relating to the grant of a licence under clause (c) of Section 224 of the Act shall be regulated and governed by rules to be made by the State Government subject to the conditions prescribed in Section 300, -
236. Unauthorised construction of street over drain or water-work.
Chapter VIII
Other Powers And Penalties
Markets, slaughter-houses, sale of food, etc.[237 and 238. [Omitted by U.P. Act No. 26 of 2018, dated 12.4.2018.][***] [Substituted by U.P Act No. 12 of 1994.][Inserted by U.P Act No. 7 of 1953.]| 237. Places for slaughter of animals for sale.- (1) the[Municipality] [Substituted by U.P. Act No. 12 of 1994.]may, with the approval of the District Magistrate, fix premises, either within or without the limits of the[municipal area] [Substituted by U.P. Act No. 12 of 1994.]for the slaughter or animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises.(2) When such premises have been fixed by the[Municipality] [Substituted by U.P. Act No. 12 of 1994.]beyond[the limits of municipal area] [Substituted by U.P. Act No. 12 of 1994.], it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.(3) When such premises have been fixed, no person shall slaughter any such animal for sale at any other place within the[municipal area] [Substituted by U.P. Act No. 12 of 1994.].(4) Should any one slaughter for sale any such animals at any other place within the[municipal area] [Substituted by U.P. Act No. 12 of 1994.], he shall be liable on conviction to a fine which may extend to twenty rupees for every animal so slaughtered.238. Places for slaughter of animals not intended for sale or slaughter for religious purpose.- The[Municipality] [Substituted by U.P. Act No. 12 of 1994.]may, by public notice, and with the previous sanction of the District Magistrate, fix premises within the[municipal area] [Substituted by U.P. Act No. 12 of 1994.]in which the slaughter of animals of any particular kind not for sale shall be permitted and prohibit, except in case of necessity, such slaughter elsewhere within the[municipal area] [Substituted by U.P. Act No. 12 of 1994.]:Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose. |