State of Jharkhand - Act
Jharkhand Municipal Act, 2011
JHARKHAND
India
India
Jharkhand Municipal Act, 2011
Act 07 of 2012
- Published on 1 January 2012
- Commenced on 1 January 2012
- [This is the version of this document from 1 January 2012.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In this Act, unless the context otherwise requires -3. Declaration of intention to constitute a municipal area.
4. Publication of declaration.
5. Consideration of objections.
6. Constitution of Municipality.
- On the expiry of thirty days from the date of publication of the notification under section 4 and after consideration of the objections which may be submitted in this regard, the State Government may, by a notification, constitute: -7. Incorporation of Municipality.
8. Classification of Municipal areas.
- The State Government may, for the purpose of application of the provisions of this Act may classify any municipal area on the basis of the population as ascertained at the last preceding census of which the relevant figures have been published, as -9. Power to abolish or alter limits of municipal area.
- The State Government may, by notification, -10. Power to include certain dwelling house, manufactory, etc., within a particular municipal area.
- Where a dwelling house, manufactory, warehouse, or place of industry or business is situated within the limits of two or more adjacent municipal areas, the State Government may, notwithstanding anything contained elsewhere in this Act, by notification, declare the municipal area within which such dwelling house, manufactory, warehouse, or place of industry or business shall be deemed to be included for the purposes of this Act.11. Disposal of assets and liabilities.
12. Power to exempt municipal area from operation of any provisions of the Act unsuited thereto.
13. Reconstitution of Municipal Corporation, Municipal Council and Nagar Panchayat.
14. Review by the Government after publication of census report.
15. The Council.
16. Constitution of Council.
17. Election of Councillors.
18. Disqualification of Councillors.
19. Oath of allegiance to be taken by Councillors.
20. Term of office of councillors.
- Subject to the provisions of sub-section (5) or sub-section (6), as the case may be, of section 16, a councillor shall hold office for a period of five years from the date of the first meeting of the municipality under section 73 or, in the case of a councillor chosen to fill a casual vacancy, for the remainder of the term of office of his predecessor, unless -21. Recall of Councillor.
22. Remuneration and allowances for Councillors.
- The Mayor, Deputy Mayor, Chairperson, Vice-Chairperson and the Councillors may receive such remuneration and allowances as prescribed by the State Government.Chapter - 4 Municipal Authorities23. Municipal authorities.
24. Constitution of Standing Committee of municipality.
25. Powers and functions of the Standing Committee.
- The Standing Committee shall exercise the powers and perform the functions as specified in the Act.26. Election of Mayor and the Chairperson.
27. Reservation of office of Mayor and Chairperson.
28. Election of Deputy Mayor and Vice-Chairperson.
- The elected councillors shall in a meeting of the council elect in accordance with such procedure as may be prescribed by the State Government one from amongst themselves to be the Deputy Mayor or the Vice-Chairperson, who shall assume office forthwith after taking the oath of secrecy.29. Oath of secrecy to be taken by Mayor, Chairperson, Deputy Mayor and Vice Chairperson.
30. Cessation of office of Mayor, Chairperson, Deputy Mayor and Vice Chairperson.
31. Powers of Mayor and Chairperson.
- The Mayor and Chairperson shall for the transaction of business connected with this Act or for the purpose of making any order authorized thereby exercise all the powers vested by this Act:Provided that the Mayor and Chairperson shall not exercise any power which is directed to be exercised by the council and act in contravention of any resolution of the council.32. Powers of Deputy Mayor and Vice-Chairperson.
33. Delegation of Powers and Functions.
34. Constitution of Ward Committees.
35. Functions of the Ward Committee.
- The Ward Committee shall perform the following functions in the ward, namely:-36. Rights of the Ward Committee.
37. Allocation of Funds.
38. Appointment of sub-committees.
The Ward Committee, from time to time, may appoint sub committees as it may think fit and may refer to such sub-committees for opinion or enquiry on any matter relating to the functions entrusted to the Ward Committee.39. Ward Sabha.
40. Determination of Areas.
- In case of a municipality having population of one lakh or more, the State Government shall, by order, determine -41. Area Sabha Representative.
- There shall be an Area Sabha Representative for each Area and shall be nominated by the Council.42. Qualifications for being an Area Sabha Representative.
- Any registered voter in an Area may file his application for being considered as Area Sabha Representative to the Council, unless he is disqualified under any law for the time being in force for the purposes of elections to the Legislature of the State, or as councillor under this Act:43. Nomination of Area Sabha Representative.
- The Council shall nominate one among the applicants as Area Sabha Representative and the manner of nomination shall be, as prescribed by the State Government.44. Term of office of Area Sabha Representative.
- An Area Sabha Representative shall hold office for a period, coterminous with the term of the Council.45. Area Sabha.
46. Subject Committee.
47. Ad hoc Committee.
48. Joint Committee.
49. Zonal Committee.
50. State Chamber of Municipal Councils.
51. Regulations of State Chamber of Municipal Councils.
- The following matters may be regulated by rules made by the State Government:52. Obligation of municipality with respect to disclosure.
53. Obligations of Ward Committee regarding Public Disclosure.
54. Manner of Disclosure.
55. Officers of Municipality.
56. Municipal establishment and schedule of posts.
57. Appointing Authorities.
- Subject to the other provisions of this Act, the appointing authority in respect of the posts of officers and other employees constituting the establishment of the municipality shall be such as may be prescribed by the State Government.58. Salaries and allowances of officers and other employees.
59. Leave and other conditions of service.
- All officers and other employees of the municipality shall be subject to such conditions of service including leave and other benefits or obligations, not specifically provided for in this Act, as may be prescribed by the Government60. Appointment of officers of the state government for Municipalities.
- Notwithstanding anything contained in this Act, the State Government may appoint an officer possessing such qualifications as may be determined by it for a Municipal Council or Nagar Panchayat as Executive Officer, Municipal Finance Officer, Municipal Engineer or Municipal Health Officer referred to in sub-section (1) of section 55 or with such designation as the State Government may consider necessary, and in such manner, and on such terms and conditions of service, as may be determined by the State Government in this behalf. The expenditure on account of salaries and allowances of any such officer shall be borne from the Municipal Fund:Provided that the officer so appointed may be withdrawn by the State Government suo motto or if a resolution to that effect is passed by the council at a meeting called for this purpose by a two third majority of the councillors holding office for the time being.Municipal Establishment Audit Commission61. Municipal Establishment Audit Commission.
62. Cadres of common municipal services, appointments etc.
63. Appointment and tenure of Municipal Ombudsman.
64. Powers and Functions of Municipal Ombudsman.
-The Municipal Ombudsman shall have the following powers and functions: -65. Territorial jurisdiction.
66. Qualifications, remuneration and office.
67. Review authority.
- The aggrieved party may appeal in the High Court against the an order pronounced by Municipal Ombudsman.68. Publicity.
- The State Government and the municipality shall give adequate publicity to the appointment of a Municipal Ombudsman under this Act for information of the public.69. Power to make rules.
- The State Government may, in consultation with the Municipal Ombudsman make rules, inter alia, for the following matters: -70. Municipal Functions.
71. Additional Functions assigned by Government.
72. First charge on Municipal Fund.
- A municipality may, having regard to the satisfactory performance of its core functions which shall constitute the first charge on the Municipal Fund, and subject to its managerial, technical and financial capabilities, undertake or perform, or promote the performance of any of the general functions or sector-wise functions referred in section 70.Chapter 9
Conduct of Business
Transaction of Business by Municipality73. First meeting of Municipality.
74. Ordinary Meetings.
75. Notice of meeting and list of business.
- A list of business to be transacted at every meeting of the municipality, except at an adjourned meeting, shall be sent to the registered address of each councillor at least seventy-two hours before the time fixed for such meeting, and no business shall be brought before, or transacted at, any meeting other than the business of which notice has been so given.Explanation. - For the purposes of this section, "registered address" shall be the address for the time being entered in the register of addresses of councillors to be maintained by the Municipal Secretary.76. Emergent business.
- Any emergent business may be brought before, and transacted in the meeting with the permission of the Mayor or Chairperson:Provided that any councillor may send or deliver to the Municipal Secretary notice of any resolution so as to reach him at least forty-eight hours before the time fixed for the meeting, and the Municipal Secretary shall, with all possible means, take steps to circulate such resolution to every councillor in such manner as he may think fit:Provided further that no business, which has no relevance to the municipality, shall be brought before the municipality.77. Quorum for transaction of business at a meeting of municipality and method of deciding questions.
78. Presiding officer of a meeting of Municipality.
79. Maintenance of order at a meeting of municipality and withdrawal and suspension of councillors.
80. Councillor having pecuniary interest in any contract etc. with municipality.
81. Disclosure of pecuniary interest.
82. Right of Municipal Commissioner or Executive Officer and other officers to attend meeting of Municipality and Committees etc.
- The Municipal Commissioner or the Executive Officer, or any other officer of the municipality authorized by him in writing in this behalf, may attend any meeting of the municipality or of any committees.83. Right of Councillors to ask questions.
84. Discussion on urgent public matters.
85. Asking for statement from Standing Committee.
86. Keeping of minutes and proceedings.
- Minutes of each meeting of the municipality and of the committees of the municipality recording therein the names of the councillors present at such meeting and the proceedings of each such meeting shall be drawn up and entered in a book to be kept for that purpose by the Municipal Secretary and they shall be laid before the next meeting of the municipality or of the committees, as the case may be, and they shall be signed at such meeting by the presiding officer thereof.87. Circulation and inspection of minutes.
- Minutes of the proceedings of each meeting of the municipality and of the committees after they are signed by the presiding officer shall be circulated to all the councillors within seven days and shall, at all reasonable times, be available at the office of the municipality for inspection by any councillor, free of cost, and by any other person on payment of such fee as the municipality may determine.88. Forwarding of minutes to the State Government.
89. Rules relating to conduct of business of the municipality.
- The State Government may, by rules, provide for such matters, not provided in this Act, relating to the conduct of business of the municipality or of its committees, as it may deem necessary.Validation90. Validation of act and proceedings.
Chapter 10
Controlling Authorities and their Powers
Direction and Control91. Power of Government to call for records etc.
- The State Government may, at any time, require any municipal authority:92. Power of State Government to depute officers to make inspection or examination and report.
- The State Government may, depute any officer to inspect or examine any department, office, service, work or property of the municipality and to report thereon and such officer may for the purposes of such inspection or examination exercise all the powers of the State Government under section 91.93. Power of State Government to require municipal authorities to take action and issue directions.
94. Power of State Government to cancel or suspend resolutions.
95. Power of State Government to remove Mayor, Deputy Mayor, Chairperson and Vice-chairperson.
96. Power of State Government to dissolve the Council.
Part III – Financial Management of Municipalities
Chapter - 11 Finance Commission and Financial Assistance97. Implementation of recommendations of the State Finance Commission.
- After taking into the consideration the recommendations of the State Finance Commission constituted under Article 243-Y read with Article 243-I of the Constitution of India, the State Government shall determine-98. Financial assistance from the State Government.
99. Municipal Fund.
100. Application of Municipal Fund.
- The money credited to the Municipal Fund, from time to time, shall be applied for payment of all sums, charges and costs necessary for carrying out the purposes of this Act and the rules and the regulations made thereunder and for payment of all sums payable out of the Municipal Fund under any other law for the time being in force.101. Payments not to be made out of Municipal Fund unless covered by budget grant.
- The Municipal Commissioner or the Executive Officer shall have powers to make payment of any sum out of the Municipal Fund or enter into any contract involving any expenditure, provided such payment or expenditure is covered by a current budget grant and sufficient balance of such budget grant is available, notwithstanding any reduction or transfer thereof under the provisions of this Act:Provided that this section shall not apply to any payment in the following cases:-102. Procedure when money not covered by budget grant is paid.
- Whenever any sum is paid in any of the cases referred to in the first proviso to section 101, the Municipal Commissioner or the Executive Officer shall forthwith communicate the circumstances of such payment to the Standing Committee, and, thereupon, the Standing Committee may take, or recommend to the Council to take such action under the provisions of this Act as may appear to it to be feasible and expedient for covering the amount of such payment.103. Temporary payment from Municipal fund for works urgently required in public interest.
104. Power to incur expenditure beyond the limits of the municipality.
- Notwithstanding anything contained elsewhere in this chapter, the municipality may, with the approval of the State Government, authorize expenditure to be incurred beyond the limits of the municipal area for creation of physical assets relating to the core functions of the municipality outside the limits of such municipal area and for maintenance thereof for carrying out the purposes of this Act.105. Exclusive use of fund for particular purpose.
106. Operation of account.
- Subject to the other provisions of this Act, payment from the Municipal Fund shall be made in such manner as may be determined by regulations, and the heads of accounts referred to in section 99 shall be operated by such officers of the municipality as may be authorized by the municipality by regulations.107. Investment of surplus money.
108. Preparation of budget estimate of municipality.
109. Report on services provided at subsidised rate.
110. Sanction of budget estimate of municipality.
111. Power to alter budget grant.
- A Council , on the recommendation of the Standing Committee, may from time to time, during a year -112. Maintenance of accounts.
- The Municipal Commissioner or the Executive Officer shall prepare and maintain accounts of income and expenditure of the municipality by way of Accrual Based Double Entry Accounting System and in such form, and in such manner, as may be prescribed,113. Preparation of Municipal Accounting Manual.
- The State Government shall prepare and maintain a Manual to be called the Municipal Accounting Manual containing details of all financial matters and procedures relating thereto in respect of the municipality.114. Financial Statement.
115. Balance Sheet.
116. Submission of financial statement and balance sheet to auditor.
- The financial statement prepared under section 114 and the balance sheet of the assets and the liabilities prepared under section 115 shall be placed by the Municipal Commissioner or the Executive Officer before the Standing Committee which, after examination of the same, shall adopt and remit them to the auditor as may be appointed in this behalf by the State Government.117. Power of Auditor.
118. Audit report.
119. Placing of audited accounts before Council.
120. Submission of audited accounts.
121. Power of State Government to enforce order upon audit report.
- If any order made by the State Government under this chapter is not complied with, it shall be lawful for the State Government to take such steps as it thinks fit to secure the compliance of the order and to direct that all expenses therefore shall be defrayed from the Municipal Fund.122. Special audit.
- In addition to the audit of annual accounts, the State Government or the municipality may, if it thinks fit, appoint an auditor to conduct special audit pertaining to a specified item or series of items requiring thorough examination, and the procedure relating to audit shall apply mutatis mutandis to such special audit.123. Internal and social audit.
- The State Government or the municipality may provide for internal audit of the day-to-day accounts of the municipality in the manner prescribed.124. Municipal Accounts Committee.
125. Power to acquire and hold property.
- The municipality shall, for the purposes of this Act, have power to acquire and hold by gift, purchase or otherwise, movable and immovable properties or any interest therein, whether within or outside the limits of the municipal area.126. Vesting of property.
- Notwithstanding anything contained in any other law for the time being in force, the movable and the immovable properties and all interest whatsoever nature or kind therein of the following categories within the limits of a municipal area, shall vest in the municipality-a. Public lands not belonging to any Government department , statutory body,b. Public tanks, streams, reservoirs, and wells;c. Public markets and slaughterhouses;d. Public sewers and drains, channels, tunnels, culverts and watercourses in, alongside, or under, any street;e. Public streets and pavements, and stones and other materials thereon, and also trees on such public streets or pavements not belonging to any private individual,f. Public parks and gardens, including squares and public open spaces,g. Public ghats on rivers or streams or tanks,h. Public lamps, lamp-posts and apparatus connected therewith, or appertaining thereto,i. Public places for disposal of the dead, excluding those governed by any specific law in this behalf,j. Solid wastes collected on a public street or public place, including dead animals and birds, andk. Stray animals not belonging to any private person.127. Acquisition of property by Municipality by agreement, exchange, lease, grant etc.
128. Compulsory acquisition of land.
129. Special provisions for acquisition of lands adjoining streets.
- Whenever the municipality makes a request to the State Government for acquisition of land for the purpose of widening or improving an existing street, it shall be lawful for the municipality to apply to the State Government for the acquisition of such additional land immediately adjoining the land to be occupied by such new street or existing street as is required for the sites of buildings to be erected on either side of the street, and such additional land shall be deemed to be required for the purposes of this Act.130. Disposal of property.
- Any property belonging to the municipality may be disposed of with the prior approval of the State Government in the manner hereinafter provided, namely:-131. Inventory of properties of municipality.
132. Comprehensive debt limitation policy.
- The State Government shall frame a comprehensive debt limitation policy applicable in the case of loans, including short-term loans, to be raised by the municipalities, laying down, inter alia, the general principles governing the raising of loans by the municipalities, the limit of the loans which any municipality may raise having regard to its financial capacity, the rate of interest to be paid for such loans, and the terms and conditions, including the period of repayment thereof.133. Power of municipality to raise loan.
134. Power of municipality to open credit account with bank.
- Notwithstanding anything contained in section 133, the municipality may, where the raising of a loan is sanctioned by the State Government under that section, instead of raising such loan or any part thereof, take credit, on such terms as may be approved by the State Government, from any scheduled bank, to be kept in a cash account bearing the name of the municipality to the extent of such loan or any part thereof and, with the sanction of the State Government, may grant mortgage of all or any of the properties vested in the municipality by way of securing the repayment of the amount of such credit or of the sums advanced, from time to time, on such cash account with interest.135. Power of municipality to raise short term loan.
- Notwithstanding anything contained in this chapter, the municipality may, within the limits set by the comprehensive debt limitation policy framed under section 132, from time to time, take a short-term loan repayable within such period, not exceeding twelve months, from any scheduled bank, for such purpose, not being a purpose referred to in sub-section (1) of section 133, on such terms , and on furnishing such security for the repayment of such loan, as may be approved by the State Government.136. Establishment of Sinking Fund.
- The municipality shall establish a Sinking Fund in respect of each loan raised under section 133 for the repayment of money borrowed, or debentures issued, and shall, every year, pay into such Sinking Fund such sum as shall be sufficient for the repayment, within the period fixed for the loan, of the money borrowed or the debentures issued.137. Application of Sinking Fund.
- A Sinking Fund or any part thereof shall be applied to the discharge of the loan or a part of the loan for which such Fund was created and, until such loan or part thereof is wholly discharged, such Fund shall not be applied to any other purpose.138. Power to discontinue payment towards Sinking Fund.
- If, at any time, the sum standing at the credit of a Sinking Fund established under section 136 for the repayment of any loan is of such amount that if allowed to accumulate at the rate of interest sanctioned under the first proviso to sub-section (1) of section 133, it will be sufficient to pay off the loan within the period approved by the State Government under the said proviso, further payments towards such fund may be discontinued.139. Investment of amount at the credit of Sinking Fund.
140. Power of municipalities to reserve a portion of debentures, issued for raising loan for investment.
141. Manner of repayment of loans.
- Every loan raised by the municipality under section 133 shall be repaid within the time approved under that section and such repayment shall be made either from a Sinking Fund established under section 136 in respect of such loan or partly from such Sinking Fund and, to the extent to which such Sinking Fund falls short of the sum required for the repayment of such loan, partly from the loan raised for the purpose under section 133, as may be approved by the State Government.142. Form and effect of debenture.
- All debentures issued by the municipality shall be in such form, and shall be transferable in such manner, as the municipality may, by regulations, determine, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some such debentures being prior in date to others.143. Annual statement.
144. Annual examination of Sinking Funds.
145. Power of Municipality to borrow money from State Government and attachment of Municipal Fund for recovery of such money.
146. Issue of Municipal Bonds for development of urban infrastructure and Pledging of Municipal Assets as security.
147. Credit rating of Municipal Bonds.
148. Debt Service Reserve Fund.
- The municipality may set up a Debt Service Reserve Fund by providing special grants from its surplus revenue or through capitalization proceeds from Municipal Bonds to service bondholders in case of default in payment of principal and interest for a period not exceeding two years.149. Limit to encumbrances through future debt.
- If and when required, the municipality may, for the purpose of issuing Municipal Bonds, limit its future debt encumbrances by adoption of suitable debt service coverage ratio as a minimum ratio in relation to its future cash flow projections.150. Use of proceeds from Municipal Bonds.
- The fund to be raised from the Municipal Bonds shall be used for capital investment for development of urban infrastructure in the spheres of water-supply, sewerage, drainage, solid waste management, markets, roads, bridges, urban transport, and for reforming and improving the efficiency of existing systems of municipal administration and for repayment of loans for the aforesaid purposes raised through earlier issues of municipal bonds or otherwise.Part IV – Municipal Revenue
Chapter - 17 Sources of Internal Revenues151. Internal revenues of municipality.
- The internal revenues of the municipality shall consist of its receipts from the following sources:-152. Power to levy taxes.
153. Jharkhand Property Tax Board.
- (1). Composition of the Jharkhand Property Tax Board -(a)The Board shall consist of Chairperson and two members,(b)The Chairperson shall be a person who is or has been an officer of the State, Government not below the rank of Secretary including ex-officio Secretary;(c)The other members shall include those having knowledge and experience in the fields of municipal administration, valuation of properties, accountancy, law, engineering, and urban planning as the State Government may determine,(d)The Chairperson and the members of the Board shall hold office for a period of three years and the terms and conditions of their service, including salaries and allowances, shall be such as may be prescribed by the State Government,(e)Board shall have a Secretary who shall be appointed by the State Government.1. Enumerate, or cause to enumerate, all properties in the municipalities in the state and develop a data- base,
2. Review the property tax system and suggest suitable basis for valuation of properties,
3. Design and formulate transparent procedure for valuation of properties,
4. Undertake valuation or cause valuation of all properties in the Municipalities in the state including central, state or municipal properties and exempted properties;
5. Recommend modalities for periodic revision;
6. Adjudicate property/Holding tax disputes and appeals;
7. Ensure quality in valuation of properties;
8. Ensure transparency in valuation process and facilitate disclosure of valuations for fair comparison;
9. Publish the annual work plan in the Official Gazette of the Government;
10. Undertake directly or through any institution, training of officers and employees of Municipalities as the State Government may direct or as the Board may consider necessary for carrying out the purposes of this Act.
11. Discharge such other functions in the field of valuation including development of expertise in valuation of lands and buildings; and
12. Render such advice on valuation of properties to a Municipality as the State Government may, from time to time, require or as the Board may consider necessary for carrying out the purposes of this Act.
154. Power to levy user charges.
- The municipality shall levy user charges for -155. Power to levy fees and fines.
156. Levy of surcharge on tax or fee.
- The municipality may levy a surcharge at such rate on a tax, or user charge, or fee towards electricity consumption within the municipal area.157. Power to levy development charge.
- The municipality may levy such development charge as may be determined by regulation, from time to time, on any residential building with a height of more than fourteen meters, or any nonresidential building, having regard to its location along a particular category of street, its use characteristics, and sanctioned built up area.158. Realisation of tax, fees, cess, etc under any other law.
- The municipality may, if so authorized by any other law for the time being in force, realise any tax, development charge, cess, or fee, imposed under that law, or any dues payable under that law, in accordance with the provisions thereof.159. Power to impose consolidated tax.
160. Holding occupied by more than one person.
- When any holding is occupied by or let to two or more persons, being severally responsible for the maintenance or payment of rent for the portions occupied, the municipality may for the purposes of assessing such holding, either treat the whole thereof as one holding, or, with the written consent of owner or owners of such holding, treat each of the said several portions therein or any two or more of several portions together, or each floor or flat as a separate holding.161. Taxes by whom payable.
162. Duty on transfers of property.
163. Assessment in case of holdings sub- divided into separate shares.
164. Assessment in case of holdings having been amalgamated.
165. Power of Standing Committee in case of excessive hardship.
- Whenever, from the circumstances of the case, the levy of a tax on any holding leads to excessive hardship to the person liable to pay the same, the Standing Committee, on the recommendation of the Municipal Commissioner or the Executive Officer, may reduce the amount payable on account of such holding, or may remit the same:Provided that such reduction or remission shall not, unless renewed by Standing Committee on similar recommendation of the Municipal Commissioner or the Executive Officer, have effect for more than one year.166. Remission or adjustment on account of vacant holdings.
167. Application for review.
168. Investigation of objections by Municipal Commissioner or Executive Officer.
169. Appeal to the Competent Court / District Judge.
170. Valuations when to final.
- Every valuation made by the Municipal Commissioner or the Executive Officer under this Act shall, subject to the provision of sections 168 and 169, be final.Chapter - 19 Tax on Advertisements other than Advertisements in Newspapers and License Fees for Advertisement Spaces171. Prohibition of advertisements without written permission of the Municipal Commissioner or the Executive Officer.
172. License for use of site for purpose of advertisement.
173. Tax on advertisement.
174. Permission of the Municipal Commissioner or the Executive Officer to be void in certain cases.
- Any permission under section 171 shall be void,-175. License for use of site for purpose of advertisement to be void in certain cases.
- Any license granted under section 172 shall be void, -176. Presumption in case of contravention.
- Where any advertisement has been erected, exhibited, fixed or retained upon or over any building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign or displayed to public view from a public street or public place in contravention of the provisions of this Act or the regulations made thereunder, it shall be presumed, unless the contrary is proved, that the contravention has been made by the person or persons on whose behalf the advertisement purports to be or the agents of such person or persons.177. Power of Municipal Commissioner or the Executive Officer in case of contravention.
- If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of this Act or the regulations made thereunder, the Municipal Commissioner or the Executive Officer may require the owner or the occupier of the land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, upon or over which such advertisement is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any land, building or other property and cause the advertisement to be dismantled, taken down, removed, spoiled, defaced or screened.Explanation I. - The word "structure" in this chapter shall include any movable board on wheels used as an advertisement or advertisement medium.Explanation II. - The word "advertisement", in relation to a tax on advertisement under this Act, shall mean any word, letter, model, sign, neon-sign, sky-sign, placard, notice, device or representation, whether illuminated or not, in the nature of, and employed wholly or in part for the purposes of, advertisement, announcement or direction.178. Removal of poster, hoarding, etc.
- Notwithstanding any other action that may be taken against the owner, or the occupier of any land or building, upon or over which there is any hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign for erecting any advertisement in contravention of the provisions of this Act or the regulations made thereunder, or the person who owns such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky- sign, the Municipal Commissioner or the Executive Officer may, for removal and storage of such hoarding, frame, post, kiosk, structure, vehicle, neon-sign or sky-sign, realize from such person such charges as may be fixed by the Standing Committee from time to time.Chapter - 20 Other Taxes and Tolls179. Toll on Bridges.
- The State Government may, with the consent of a municipality, make over to that municipality any existing toll-bar on a bridge within the municipal area to be administered by the municipality and, thereupon, the municipality shall administer such toll-bar until the State Government directs otherwise. Every such toll-bar, while so administered, shall be deemed to be a municipal toll-bar, and the profits derivable therefrom or such parts thereof as shall be agreed upon between the State Government and the municipality, shall be credited to the Municipal Fund.180. Declaration of ferries as municipal ferries.
181. Manner of recovery of taxes under the Act.
- Save as otherwise provided in this Act, any tax levied under this Act may be recovered in accordance with the following procedure and in such manner as may be determined by regulations :-182. Time and manner of payment of taxes.
183. Presentation of bill.
184. Regulations regarding payment and recovery of tax.
185. Requirement of payment of rent by occupier towards tax due on land or building.
186. Recovery of property tax on lands and buildings or any other tax or charge when owner of land or building is unknown or ownership is disputed.
187. Power of the Municipal Commissioner or the Executive Officer to prosecute or serve notice of demand.
188. Cancellation of irrecoverable dues.
- The municipality may, by order, strike off the books of the municipality any sum due on account of property tax or any other tax or on any other account, which may appear to it to be irrecoverable. Recovery of Tax on lands or buildings by person primarily liable to pay to the municipality189. Apportionment of property tax on lands and buildings by person primarily liable to pay.
190. Mode of recovery.
- If any person primarily liable to pay any property tax on any land or building or surcharge thereon is entitled to recover part of such property tax or surcharge thereon from an occupier of such land or building, he shall have for recovery thereof the same rights and remedies as if such part of the property tax or the surcharge thereon were rent payable to him by such occupier.Chapter - 22 Commercial Projects191. Commercial Projects and receipts therefrom.
- The municipality may, either on its own or through public or private sector agencies, or under Public Private Partnership, undertake the planning, construction, operation, maintenance or management of commercial infrastructure projects, including district centres, community and neighbourhood shopping centres, industrial estates, bus or truck terminals and tourist lodges with commercial complexes and any other type of commercial projects including the development of social or economic infrastructures on commercial basis and may enter into different concession agreement for furtherance of the aims and objectives of this Act.Part V – Chapter - 23
Urban Environmental Infrastructure and ServicesPrivate Sector Participation Agreement and Assignment to Other Agencies192. Undertaking of project by municipality or by other agency.
- Notwithstanding anything contained elsewhere in this Act, but subject to the provisions of any State law relating to planning, development, operation, maintenance and management of municipal infrastructure and services, a municipality may, in the discharge of its functions specified in section 70, section 71, and section 72, -193. Types of Private Sector Participation Agreements.
194. Functions assigned to municipality or other agencies.
- In the discharge of its obligations for providing urban environmental infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, communication systems and agencies, commercial infrastructure, the municipality may, wherever considered appropriate in the public interest, -195. Definitions.
- In this chapter, unless the context otherwise requires,196. Duty of municipality to supply water.
197. Supply of water to connected premises.
198. Supply of water for non-domestic purposes.
199. Provision of communication pipes and fittings.
200. Water-supply through hydrants, stand-posts and other conveniences.
201. Provision for fire hydrants.
202. Supply of water to areas outside municipal area.
203. Public tanks, sub-soil water, etc. to vest in municipality.
- All public tanks, reservoirs, cisterns, wells, tube-wells, aqueducts, conduits, tunnels, pipes, taps and other water works, whether made, laid or erected at the cost met from the Municipal Fund or otherwise, and all bridges, buildings, engines, works, materials and things connected therewith, or appertaining thereto, and any adjacent land, not being private property, appertaining to any such water source, which are situated within the municipal area, shall vest in the municipality.204. Vesting of sub-soil rights.
- All rights over the sub-soil water resources within the municipal area shall vest in the municipality.205. Works to be undertaken for supply of water.
- For the purpose of providing the municipal area with proper and sufficient supply of water for public and private uses, the municipality, either on its own or through any other agency, -206. Management of waterworks.
- Subject to the provisions of chapter XXIII, the Municipal Commissioner or the Executive Officer shall, either on his own or through any other agency, or through any parastatal agency working independently within municipal area before the commencement of the Act shall ensure immediately after the commencement of this Act that the water works start working under direct control and superintendence of the municipality, notwithstanding any provision or Government order contrary to this, manage waterworks and allied facilities belonging to the municipality and shall maintain the same in good repair and efficient condition and shall cause to be done, from time to time, all such things as shall be necessary or expedient for improving such waterworks and facilities.207. Purity of water for domestic purpose.
208. Water not to be wasted.
209. Prohibition regarding sinking of tube-wells, digging of wells, etc.
210. Power to require filling up of wells.
- Whenever a supply of water has been provided in any municipal area, the municipality may, by notice, in writing, require the owner, lessee, or occupier, as the case may be, of a well, tube-well, tank or other water area, forming part of any premises in such area, to fill up such well, tank or other water area.211. Power to set apart wells, tanks, etc. for drinking, culinary, bathing and washing purposes.
- The Standing Committee may, by order published at such places as it may think fit, set apart any tank, well, spring or watercourse, or any part thereof, vested in the municipality; or by an agreement with the owner thereof, set apart any private tank, well, spring or water course or part thereof, subject to any right which such owner may retain with the consent of the Standing Committee, for any of the following purposes, namely:-212. Power to lay mains, service pipes etc.
213. Prohibition for laying water pipes and construction of latrines and cesspools.
- Subject to such terms and conditions as may be provided by regulations for from time to time, the Municipal Commissioner or the Executive Officer shall have the power to prohibit -214. Power in relation to water supply.
- The Municipal Commissioner or the Executive Officer may, subject to such terms and conditions as may be specified by regulations from time to time, require -215. Power to turn off supply of water to premises.
216. Power to provide water meters and recover charges.
- The municipality may, -217. Entrustment of operation and maintenance of waterworks and billing and collection of charges.
- The Municipal Commissioner or the Executive Officer may, with the prior approval of the Standing Committee, entrust the work of operation and maintenance of waterworks in the municipal area and the work of billing and collection of water charges to any agency governed under any law for the time being in force, or any private agency.Offence in Relation to Water-supply218. Liability for offence in relation to water-supply.
- If any offence relating to water-supply is committed under this Act in any premises connected with the municipal waterworks, the owner and the occupier of the said premises shall be jointly and severally liable for such offence.Chapter - 25 Drainage and SewerageFunctions in Relation to Drainage and Sewerage219. Municipality to provide drainage, sewerage and outfall.
- The municipality shall, either on its own or through any other agency, construct and maintain drains and sewers, and provide a safe and efficient outfall, in or outside the municipal area for effectual drainage and proper discharge of storm-water and sewage of the municipal area in such manner as may not cause any nuisance, whether by flooding any part of the municipal area, or of the areas surrounding the outfall, or in any other way:Provided that no place, which has not been used before the commencement of this Act for any of the purposes specified in this section, shall be so used except -220. Provision of means for disposal of sewage.
- For the purposes of receiving, treating, storing, disinfecting, distributing, or otherwise disposing of sewage, the municipality may, either on its own or through any other agency, construct, operate, maintain, develop and manage any works within or outside the municipal area.Proprietary Rights of Municipality in respect of drains and sewage disposal works221. Vesting of public drains and sewage disposal works.
- Subject to the provisions of chapter 23, -222. Power to make over to, or to take over from, statutory authority drainage and sewerage works.
- The municipality may, with the prior approval of the State Government and subject to such conditions as the municipality may determine, make over to, or take over from, an authority under any law for the time being in force any drain or sewer or sewage disposal works for administration and management thereof.Municipal Drains223. Power of making drains.
224. Sewage and rain water to be separate.
- For the purpose of effectual drainage of any premises in accordance with the provisions of this chapter, it shall be competent for the Municipal Commissioner or the Executive Officer, or any other agency authorized by him in this behalf, to require that there shall be one drain for sewage, offensive matter and polluted water and an entirely separate drain for rain water or unpolluted sub-soil water or both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other suitable places.225. Alteration, discontinuance, cleansing, etc, of drains.
- Subject to such terms and conditions as may be specified by regulations from time to time, the Municipal Commissioner or the Executive Officer, or any other agency authorised by him in this behalf, may -226. Powers in relation to drainage.
- Subject to such terms and conditions as may be specified by regulations from time to time, the Municipal Commissioner or the Executive Officer, or any other authorized by him in this behalf, may -227. Premises not to be erected without drains.
228. Affixing of pipes for ventilation of drains, etc.
229. Construction of water closets and privies.
230. Water-closets and other accommodation in building newly erected or re-erected.
231. Public necessities.
- The municipality shall provide and maintain in proper and convenient situations water-closet, latrines, privies and urinals and other similar conveniences for public necessities.Trade Effluent232. Special provisions relating to trade effluent.
- Subject to the provisions of this Act and the regulations made thereunder and of any other law for the time being in force, the occupier of any trade premises may, with the approval of the municipality or, so far as may be permitted by this Act or the regulations made thereunder or any other law for the time being in force, without such approval, discharge into the municipal drain any trade effluent proceeding from such premises.233. Special provisions regarding drainage of trade effluent.
- Notwithstanding anything contained in this Act or the regulations made thereunder or any usage, custom or agreement, where, in the opinion of the Municipal Commissioner or the Executive Officer, any trade premises are without sufficient means of effectual drainage and treatment of trade effluent or the drains thereof, though otherwise not objectionable, are not adapted to the general drainage system of the municipal area, or the effluent is not of specified purity, the Municipal Commissioner or the Executive Officer may, by notice, in writing, require the owner or the occupier of such premises -234. Connection with water works, mains and drains not to be made without permission.
- Without the permission in writing, of the Municipal Commissioner or the Executive Officer, no person shall, for any purpose whatsoever, at any time, make, or cause to be made, any connection or communication with any waterworks or mains or drains constructed or maintained by, or vested in, the municipality.235. Buildings, railways and private streets not to be erected or constructed over water mains or on municipal drains without permission.
236. Railway administration to be informed in certain cases.
- If the Municipal Commissioner or the Executive Officer desires to place or carry any pipe or drain or to do any other work connected with water-supply or drainage across any railway line, he shall inform the railway administration, who may execute the same at the cost of the municipality.237. The Municipal Commissioner or the Executive Officer not to sanction building plan unless plan relating to water supply etc. is in conformity with rules and regulations.
- Any building plan submitted to the Municipal Commissioner or the Executive Officer for sanction shall conform to such rules or regulations relating to water-supply, drainage, privy, urinal accommodation within the premises, and sewerage as may be made in this behalf, and no building plan shall be sanctioned by the Municipal Commissioner or the Executive Officer unless it so conforms .238. Maps of underground water mains, supply pipes, drains, etc.
- Subject to the provisions of section 411, the Municipal Commissioner or the Executive Officer shall cause to be maintained complete survey maps, drawings and descriptions of water-supply mains, supply-pipes, drains, etc. municipal drains, sewers, and connections thereto from all premises in the municipal area.239. Rights of user of property for aqueducts, conduits etc.
240. Power of owner of premises to place pipes and drains through land belonging to other persons.
241. Power of Municipal Commissioner or the Executive Officer to affix shafts etc. for ventilation of drain or cesspool and testing of drain.
- Subject to such terms and conditions as may be specified by regulations from time to time, the Municipal Commissioner or the Executive Officer may, either on his own or through any other agency, authorized by him in this behalf, -242. Power of the Municipal Commissioner or the Executive Officer to execute work after giving notice to person liable.
243. Work to be done by licensed plumber.
244. Power of access to waterworks, drainage or sewerage installation.
245. Prohibition of certain acts and penalty therefor.
246. Penalty for damaging meter.
- Any person who willfully or negligently damages any meter or any of the fittings of the meter shall be liable to a fine not exceeding ten thousand rupees.247. Sewerage charge and sewerage cess.
248. Entrustment of operation and maintenance of sewerage works and billing and collection of sewerage charges.
- The Municipal Commissioner or the Executive Officer may, with the prior approval of the Standing Committee, entrust the work of operation and maintenance of sewerage works in the municipal area and the work of billing and collection of sewerage charge or sewerage cess to any agency governed under any law for the time being in force or any private agency.249. Power of State Government to exercise control over imperfect, inefficient or unsuitable waterworks, drainage works or sewerage works.
250. Municipal Water Supply, Drainage and Sewerage Code.
251. Duty of municipality in respect of solid wastes management and handling.
- The municipality shall, within the municipal area, be responsible for implementation of the rules made by the Central Government in exercise of the powers conferred by the Environment (Protection) Act, 1986, to regulate the management and handling of municipal solid wastes and for development of any infrastructure for collection, storage, transportation, processing and disposal of such solid wastes.252. Entrustment of management and handling of solid wastes and billing and collection of charges.
- Notwithstanding anything contained elsewhere in this Act, for the purposes of management and handling of municipal solid wastes and for development of infrastructure, if any, for collection, storage, transportation, processing and disposal of such solid wastes, a charge shall be levied, and payment thereof shall be made, at such rate as the municipality may fix, from time to time:Provided that the charge as aforesaid shall, as far as practicable, be such as shall cover the costs on account of management and handling of municipal solid wastes and development of infrastructure, if any, for collection, storage, transportation, processing and disposal thereof and also the costs of debt-servicing, depreciation of plant and machinery, and other charges:Provided further that the Municipal Commissioner or the Executive Officer may, with the prior approval of the Standing Committee, entrust development of infrastructure for collection, storage, transportation, processing and disposal of solid wastes and the work of management and handling of municipal solid wastes and of billing and collection of the charges as aforesaid to any agency governed under any law for the time being in force or to any private agency.253. Functions of municipality.
- The municipality shall either on its own or through any other agency authorized by it in this behalf, -254. Solid wastes to be property of municipality.
- All solid wastes deposited in public receptacles, depots and places provided or identified under section 255 and all solid wastes collected by the municipal employees or contractors or any other agency authorized in this behalf shall be the property of the municipality.255. Identification of places for disposal and final disposal of solid waste.
- The municipality may, either on its own or through any other agency, cause the solid wastes to be disposed of at such place or places within or outside the municipal area, and in such manner, as it considers suitable:Provided that no place which has not been used before the commencement of this Act for the purpose specified in this section, shall be so used, except -256. Duty of owners and occupiers of premises to store solid wastes at the source of generation.
- It shall be the duty of the owners and the occupiers of all lands and building in the municipal area. -257. Duty of Cooperative Housing Society, Apartment Owners Association, etc.
- It shall be the duty of the managements of co-operative housing societies, apartment owners associations, residential and non-residential building complexes, educational buildings, institutional buildings, assembly buildings, business buildings, mercantile buildings, industrial buildings, storage buildings, and hazardous buildings to provide at their premises community bins or disposal bags of appropriate size as may be specified by the municipality for temporary storage of wastes (other than recyclable wastes), hazardous wastes, and bio-medical wastes for their subsequent collection and removal by the municipality:Provided that a separate community bin shall be provided for the storage of recyclable wastes where door-to-door collection is not made.258. Prohibitions.
- No person and no owner or occupier of any land or building shall -259. Penalty for littering on streets and depositing or throwing any solid waste.
260. Bio-medical wastes.
-It shall be the duty of the municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government for handling of biomedical wastes to the extent such rules apply to the municipality.261. Hazardous wastes.
- It shall be the duty of the municipality, either on its own or through any other agency authorized by it in this behalf, to implement the provisions of the rules made by the Central Government in exercise of the powers conferred by the Environment (Protection) Act, 1986, to regulate the management and handling of hazardous wastes to the extent such rules apply to the municipality.Part - VI Chapter - 28State Municipal Regulatory Commission262. Definitions.
- In this chapter, unless the context otherwise requires,263. Constitution and incorporation of State Commission.
264. Constitution of Selection Committee by State Government.
265. Term of office, salary and allowances and other conditions of service of Chairperson and other Members.
266. Removal of Chairperson and other Members.
267. Officers of State Regulatory Commission and other Staff.
268. Functions of State Regulatory Commission.
269. The Jharkhand State Municipal Advisory Committee.
270. Objects and functions of State Municipal Advisory Committee.
- The objects and functions of the State Municipal Advisory Committee shall be to advise the State Regulatory Commission on -271. Representation before State Regulatory Commission:.
-The State Regulatory Commission shall authorize any person as it deems fit to represent the interest of the consumers of municipal services in the proceedings before it.272. Appeal to High Court in certain cases.
273. Determination of user charges by State Regulatory Commission.
274. Budget of State Regulatory Commission.
- The State Regulatory Commission shall prepare, in such form, and at such time in each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the State Regulatory Commission, and forward the budget to the State Government.275. Accounts and Audit of State Regulatory Commission.
276. Annual Report of State Regulatory Commission.
277. Transparency in State Regulatory Commission.
- The State Regulatory Commission shall ensure transparency while exercising the powers and discharging the functions under this Act.278. Directions by State Government.
279. Proceedings before the State Regulatory Commission.
- All proceedings before the State Regulatory Commission shall be deemed to be judicial proceedings within the meaning of section 193 and section 228 of the Indian Penal Code 1860 (Act No. 45 of 1860), and the State Regulatory Commission shall be deemed to be a Civil Court for the purposes of section 345 and section 346 of the Code of Criminal Procedure, 1973 (Act No.2 of 1974).280. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the State Government or the State Regulatory Commission or any officer of the State Government or any member, officer or other employee of the State Regulatory Commission for anything which is in good faith done or intended to be done under this chapter or the rules or the regulations made thereunder.281. Punishment for non-compliance of orders or direction under the Act.
- Whoever fails to comply with any order or direction given under this chapter within such time as may be specified in the said order or direction, or contravenes, or attempts to contravene, or abets the contravention of, any of the provisions of this chapter or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to twenty-five thousand rupees, or with both, in respect of each such offence, and, in the case of a continuing offence, with an additional fine which may extend to one thousand rupees for every day during which the offence continues after conviction for the first such offence.282. Punishment for non-compliance of direction given by State Regulatory Commission.
283. Power to seizure.
- The State Regulatory Commission or any officer, not below the rank of a Gazetted Officer, specially authorized in this behalf by the State Regulatory Commission may enter any building or place where the State Regulatory Commission has reason to believe that any document relating to the subject-matter of the inquiry may be found, and may seize any such document or take extracts or copies therefrom, subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (Act 2 of 1974), in so far as it may be applicable.284. Cognizance of offences.
- No Court shall take cognizance of an offence punishable under this chapter except upon a complaint, in writing, made by the State Regulatory Commission or by any officer duly authorized by the State Regulatory Commission in this behalf.285. Inconsistency in laws.
- Nothing in this chapter or any rule or regulation made thereunder or any instrument having effect by virtue of this chapter or the rule or the regulation made thereunder shall have effect in so far as it is inconsistent with any provisions of the Consumer Protection Act, 1986286. Delegation.
- The State Regulatory Commission may, by general or special order in writing, delegate to any member, or any officer of the State Regulatory Commission, or any other person, subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this chapter, except the power to adjudicate disputes under clause (d) of sub-section (2) of section 268 and the power to make regulations under section 289, as it may deem necessary.287. Overriding effect.
- Save as otherwise provided in section 285, the provisions of this chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.288. Power of State Government to make rules.
289. Power of State Regulatory Commission to make regulations.
290. Surface transport system and accessories.
-For the purposes of this Act, -291. Vesting of public streets in municipality.
292. Functions of municipality in respect of public streets etc.
293. Power to make new public streets etc.
- The municipality or any other agency, as the case may be, may, at any time, -294. Minimum width of new public street.
-No new public street made, or declared as such, under this chapter, shall be less than ten meters in width including the footpath:Provided that such width may be reduced in the case of a transitional area, for reasons to be recorded in writing, but the width shall in no case be less than six meters.295. Acquisition of lands and buildings for public streets, public parking places and transportation terminals.
296. Permanent closure of public street.
297. Temporary closure of public street.
-The Municipal Commissioner or the Executive Officer may temporarily close the whole or any part of a public street to permit development and maintenance work, and may authorize such closure for other purposes for any period not exceeding fifteen days.298. Closure of Public Street for parking purposes and levy of parking fee.
299. Right of owners to require streets to be declared public.
300. Traffic engineering schemes.
- The municipality may, either on its own or through any other agency authorized by it in this behalf, as and when necessary, having regard to the abutting land uses and traffic flow patterns, implement traffic engineering schemes to ensure public safety, convenience and expeditious movement of traffic including pedestrian traffic:Provided that the traffic engineering schemes shall also be disabled-friendly.301. Street furniture and bus stops.
- The municipality shall, either on its own or through any other agency authorized by it in this behalf, from time to time, cause various items of street furniture including fences, guardrails, traffic lights, traffic signs, street markings, median strips, bus stops and any other item to be installed or done, and shall cause them to be maintained so as to ensure public safety and convenience and expeditious movement of traffic including pedestrian traffic.302. Prohibition against obstruction in or over streets.
- No one shall build any wall or erect any fence or other obstruction or projection or make any encroachment in or over any street.303. Streets open to all.
- All streets vested in, or to be vested in, or maintained by municipality shall be open to all.Street Lighting304. Measures for lighting.
305. Prohibition of removal, etc., of street lights.
306. Persons accidentally breaking street light to repair the damage.
- If any person through negligence or accident breaks any street lights set up in any public street or municipal market, garden or public place or buildings vesting in the municipality, or breaks or damages any property of the municipality of any street, he shall pay the expenses of repairing the damage so done by him, besides penalty as may be fixed by the Commissioner or Executive Officer.Chapter 30
Markets, Commercial Infrastructure and Slaughter houses
307. Municipal markets, slaughterhouses and stockyards.
- All markets, slaughterhouses and stockyards which belong to or are maintained by the municipality shall be called municipal markets, municipal slaughter houses and municipal stockyards. All other markets, slaughterhouses and stockyards shall be deemed to be private.308. Establishment of municipal markets, slaughterhouses and stockyards.
309. Leasing of Commercial Infrastructure or Land.
310. Places for Slaughter of animals for sale.
311. Closing of Markets.
- Subject to such directions as the municipality may give in this behalf, the Municipal Commissioner or the Executive Officer or any other agency, as the case may be, may, after giving a notice, close any municipal market or slaughterhouse or stockyard or any portion thereof on and from the date specified in the notice, and the premises occupied for any municipal market, slaughterhouse or stockyard or any portion thereof so closed may be disposed of as the property of the municipality.312. Use of municipal markets.
313. Penalty for using unlicensed markets.
- Any person who being the owner or occupier of any land or building willfully or negligently permits the same to be used as a market without a license granted by the Municipal Commissioner or the Executive Officer under section 308 shall be liable to a fine not exceeding five hundred rupees and to a further fine not exceeding one hundred rupees for each day during which the offence is continued after conviction of such offence.314. Power to close unlicensed places.
- The Municipal Commissioner or the Executive Officer may order any land, in respect of which a conviction has been made under section 313 to be closed as a market-place, and thereupon may take action to prevent such land being so used, and every person who sells or exposes for sale of any article, animals, meat or fish, intended for human food or butter ghee, fruits or vegetables on any land which has been so closed, shall be liable to a fine not exceeding twenty-five rupees.315. Regulations to be framed for markets and slaughterhouses.
316. Levy of stallage, rent and fee.
- Subject to such regulations as may be made from time to time, the Municipal Commissioner or the Executive Officer, either on his own or through any other agency, as the case may be, may charge stallage, rent or fee for the occupation or use of facilities in a municipal market or a municipal slaughterhouse.317. Use of premises as a hotel or lodging house.
318. Trade on milk and other products.
319. Use of premises for keeping milch cattle and other animals.
320. Power to take measures for the improvement of milk supply.
- The municipality may for the purpose of improving the supply of milk and milk products within the municipality -321. Power to make rules for the improvement of milk supply.
322. Prohibition of sale of diseased animals or adulterated articles intended for human food.
- No person shall sell, expose or hawk or keep for sale any animal intended for human consumption, which is diseased, and no person shall sell, store for sale, expose or hawk for sale or manufacture any food, drink or drug intended for human consumption or medical treatment which is adulterated or unfit for human consumption.323. Prohibition of adulterants in place where butter, ghee etc., are manufactured or stored.
- No person shall keep or permit to be kept in any shop or place in which milk is stored or in any manufactory, shop or place in which, butter, ghee, wheat-flour, mustard oil, tea, edible oil, edible fat or any article notified by the State Government in this behalf is manufactured or stored any substance intended to be used for adulteration of such milk, butter, ghee, wheat-flour, mustard oil or other article.324. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein.
325. Destruction of animals and articles seized.
326. Drainage of markets, slaughterhouses. etc.
327. Power to make regulations regarding slaughterhouses, etc.
- The municipality may make regulations consistent with this Act -Part VII – And Public Urban Environmental Management, Community Health Safety
Chapter 31
Local Agenda for Urban Environmental Management
328. Benchmarking of service levels by the municipality.
329. Functions in relation to urban environmental management and submission of report on environmental status of municipal area.
Chapter 32
Environmental Sanitation and Community Health,
Duties and General Powers330. Duties of the municipality for environmental sanitation.
-It shall be the duty of the municipality or any other agency authorized by it in this behalf to take adequate measures for each of the following matters, namely:-331. Powers of the Municipal Commissioner or the Executive Officer.
-Subject to such regulations as may be made in this behalf, the Municipal Commissioner or the Executive Officer may, either on his own or through any other agency or officer authorized by him in this behalf, -332. Removal of rubbish, etc. from premises.
333. Penalty for not removing offensive matter from or near the road.
- Any person who, being the occupier of a house in or near a public street within the municipality, keeps or allows to be kept, for more than twenty-four hours, or for more than such shorter time as may be determined by a regulation, otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter in or upon such house or in any out-house, yard or ground attached to and occupied with such house, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to cleanse the same, shall be liable to a fine not exceeding five thousand rupees.334. Penalty for allowing sewage, offensive matter or rubbish to be thrown or run into street or drain.
- Any person who within the municipality -335. Power to regulate excavation.
336. Power to require trees, hedges, etc., to be trimmed.
337. Power to require protection of streets during cutting down of trees etc.
338. Regulation of public bathing etc.
339. Prohibition of pollution of water by steeping therein animal or other matter.
340. Pollution of watercourse prohibited.
341. Power to require removal of nuisance arising from tank.
342. Power to require cleansing of sources of water for drinking or culinary purposes.
- The Municipal Commissioner or the Executive Officer may by notice require the owner of, or the person having control over, a private watercourse, spring, tank, well, or other places, the water of which is used or likely to be used for drinking or culinary purposes, to clean the same, from time to time, of silt, refuse or decaying vegetation, and may also require him to protect the same from pollution in such manner as to the Municipal Commissioner or the Executive Officer may seem fit, and in the case of a well to repair the same.343. Power to prohibit use of polluted water for drinking or culinary purposes.
344. Power to inspect and disinfect sources of water used for drinking.
- The Municipal Commissioner or the Executive Officer or any person authorised by him in that behalf may, at all reasonable times, inspect and disinfect any watercourse, spring, tank, well or other place from which water is, or is likely to be taken for drinking or culinary purposes: Provided that reasonable notice shall be given before inspection of a well situated within a house.Public Conveniences345. Public latrines and urinals.
346. Prohibition of nuisances.
347. Playing of loudspeakers.
- Whoever in contravention of any general or special prohibition issued by the Municipal Commissioner or the Executive Officer, and without the permission of the Municipal Commissioner or the Executive Officer, plays loud-speaker shall be punishable with fine which may extend to two thousand rupees.348. Bill-sticking without permission.
349. Destroying direction posts, lamp-posts, etc.
- Whoever without being authorised by the Municipal Commissioner or the Executive Officer, defaces or disturbs any municipal direction-post, street name, lamp-post or lamp or extinguishes any municipal light in any public place, shall be punishable with fine which may extend to one thousand rupees.350. Indecent or obscene pictures or printed or written matter.
351. Use of steam whistle, etc.
352. Regulations.
- The municipality may make regulations consistent with this Act regulating the use of, and the prevention of nuisance in regard to bathing and washing places, streams, channels, tanks and wells and water supply from these sources.353. Control of pollution.
-Subject to the provisions of any law relating to air, water or noise pollution, for the time being in force and in accordance with any notification by the State Government in that behalf, the municipality may function as a competent authority for the enforcement of such law.354. Power to require wells, tanks, etc., to be rendered safe.
355. Quarrying, blasting, cutting timber or building operations.
-No person shall quarry, blast, cut timber, or carry on building operations in such manner as to cause, or likely to cause danger to persons passing by, or dwelling or working, in the neighbourhood.356. Power to stop improper use of land or building.
-If, within any municipal area, any land or building, by reason of its being abandoned or unoccupied-357. Polluters to pay.
-The municipality may, by regulation, provide for recovery of charges and imposition of penalty on those persons who are directly responsible for causing pollution of any kind referred to in this chapter.Chapter 33
Restraint of Infection
358. Power to require improvement of drainage of land.
359. Abatement of nuisance of mosquito.
- If in the opinion of the Municipal Commissioner or the Executive Officer -360. Penalty for disobeying requisition.
- Any owner or occupier of a house or land who fails to comply with a requisition issued by the Municipal Commissioner or the Executive Officer, shall be liable after the expiration of eight days from the date of service on him of such requisition. to a fine not exceeding five thousand rupees, and to a further fine not exceeding two hundred rupees for every day during which the default is continued361. Municipality to prevent and check dangerous diseases.
362. Power of the Municipal Commissioner or the Executive Officer to inspect any place and take measures to prevent spread of dangerous disease.
363. Power of Municipal Commissioner and Executive Officer to cleanse, disinfect, destroy, or control places of infection.
364. Special measures in case of outbreak of dangerous or epidemic diseases.
365. Means for disinfection.
366. Special conveyance for carrying infected persons.
367. Prohibitions.
-Subject to such regulations as may be made in this behalf, the Municipal Commissioner or the Executive Officer may prohibit -368. Regulations for control, etc., of infectious diseases.
- The municipality may make regulations for the control, restraint and prevention of any dangerous disease and in particular, and without prejudice to the generality of the foregoing power, may, and when required by the State Government shall make regulations regarding the following matters:-Chapter 34
Disposal of the Dead
369. Acts prohibited in connection with disposal of dead.
370. Registration of places for disposal of the dead.
371. Prohibition to bury or burn in unregistered ground.
372. Power to cause corpses to be burnt or buried according to the religious tenets of the deceased.
- After the expiration of not less than twenty four hours from the death of any person, the Municipal Commissioner or the Executive Officer may cause the corpse of such person to be burnt or buried, and the expenses thereby incurred shall be recoverable as a debt due from the heirs of the such person. In every such case, the corpse shall be disposed of, so far as may be possible, in a manner consistent with the religious tenets of the deceased.373. Power to provide for burial of paupers free of charge.
- The municipality may, from time to time out of the municipal fund provide for the burial and burning of paupers free of charge within the limits of municipal area.374. Power to license fuel shops at burning grounds.
375. Power to require closing of burning and burial grounds, etc.
- Where the Municipal Commissioner or the Executive Officer is of the opinion that any burning place or burial ground or place for the disposal of the dead has become offensive or dangerous to the health of persons residing in the neighbourhood, or for any other reasons may, with the previous approval of the Standing Committee, and by notice, in writing, require the owner or the person in charge of such burning place or burial ground or place for the disposal of the dead, to close such burning place or burial ground or place for the disposal of the dead, from such date as may be specified in the notice.376. Disposal of dead animals.
377. Power to make regulations.
- The municipality may make regulations consistent with the Act for controlling and regulating the use and management of burial and burning grounds and the disposal of corpses.Chapter 35
Urban Forestry, Parks, Gardens, Trees and Playgrounds
378. Municipality to implement schemes.
Part VIII – Regulatory Jurisdiction
Chapter 36
Development Plans
379. Representation in District Planning Committee or Metropolitan Planning Committee.
- Having regard to the provisions of article 243ZD and article 243ZE of the Constitution of India and of State law enacted under these articles, a municipality shall participate in the election of members of the District Planning Committee or the Metropolitan Planning Committee, as the case may be, and such members shall actively represent the interests of the municipality in such Committees.380. Municipality to implement development plans.
381. Preparation of development plans by municipalities.
382. Entrustment of schemes to municipalities for implementation.
383. District Planning Committee.
384. Metropolitan Planning Committee.
Chapter 37
Improvement
385. Removal of congested buildings.
386. Power to require improvement of building unfit for human habitation.
7.
(a)The Municipal Commissioner or the Executive Officer, with the approval of the Standing Committee, may by a general order prohibit the making of excavations for the purpose of digging earth or stones therefrom, or for the purpose of storing rubbish or offensive matter therein or the digging or construction of tanks, pits and cesspools, without special permission previously obtained.(b)Any person who contravenes an order under clause (a) this sub-section shall be liable to a fine not exceeding two thousand rupees.387. Power to order demolition of building unfit for human habitation.
388. Abandoned or unoccupied premises.
- If it appears to the Municipal Commissioner or the Executive Officer that any building or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the Municipal Commissioner or the Executive Officer may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of municipality, or to any person who is known or believed to claim to be the owner, if the person is resident within the limits of the municipality, and shall also affix a copy of the notice on some conspicuous part of the building or of structure requiring all persons having any right or interest therein to take such order with said building or structure as may, in the opinion of the Municipal Commissioner or the Executive Officer be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.389. Reclamation of low-lying sites.
390. Power to prohibit re-erection of building on inaccessible sites.
391. Removal of building materials from any premises in certain cases.
- If it appears to the Municipal Commissioner or the Executive Officer that any stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises in such quantity or bulk or in such a way to constitute a harbourage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance to the occupier of the said premises or to persons residing in the neighbourhood thereof, the Municipal Commissioner or the Executive Officer may by a written notice require the owner of such premises or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such measure as may, in the opinion of the Municipal Commissioner or the Executive Officer, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.392. Cleansing and disinfecting of buildings.
393. Area improvement scheme.
- If the municipality, based upon information in its possession in respect of any built-up area within the municipal area, is satisfied that -394. Matters to be provided in area improvement scheme.
- An area improvement scheme may provide for all or any of the following matters, namely:-395. Submission of area improvement scheme to municipality and State Government.
396. Re-housing scheme.
- While preparing an improvement scheme under this chapter for any area, the Municipal Commissioner or the Executive Officer may also prepare a scheme (hereinafter referred to in this Act as re-housing scheme) for the construction, maintenance and management of such buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the area improvement scheme.397. Area improvement scheme and re-housing scheme to comply with structure plan.
- No area improvement scheme or re-housing scheme prepared under this chapter shall be valid unless such scheme is in conformity with the provisions of the structure plan, if any, for the municipal area.Explanation. - "Structure Plan" shall mean a plan which provides a broad strategic framework for preparation of subsequent local plans and takes into consideration the regional context, the transportation linkages and the issues relating to employment, shelter and environment.398. Execution of area improvement scheme.
- Any area improvement scheme prepared under this chapter may be executed by the municipality itself or by such person or authority as the Standing Committee may select under chapter XXIII.399. Power to acquire land and building for area improvement scheme.
- Subject to the provisions of this Act, the municipality may require acquisition of any land or building, whether situated in the municipal area or not, for the purpose of -400. Power of municipality to define and to alter limits of slum.
- The municipality may define the external limits of any slum and may, from time to time, alter such limits.401. Slum improvement scheme.
402. Acquisition of right of user.
403. Work to be executed in slum.
- Notwithstanding anything contained in the foregoing provisions of this chapter, the Municipal Commissioner or the Executive Officer may, for reasons of environmental sanitation, cause the following works to be executed in any slum: -404. Power of Government to require municipality to prepare a Master Plan.
Chapter 38
Public Streets
General Powers405. Municipal Streets Technical Committee.
406. Classification of public streets.
407. Compulsory provision of footpaths.
408. Naming and numbering of streets and public places.
409. Unique premises number.
410. Rights of way for underground utilities.
- Subject to the provisions of the Indian Telegraph Act, 1885, the Indian Electricity Act, 1910, and such other laws as may be notified by the State Government for the purposes of this section, the State Government may, by rules, provide for the following, namely: -411. Maps of underground utilities.
- The Municipal Commissioner or the Executive Officer shall cause to be maintained complete survey maps, drawings and descriptions of all underground utilities in the municipal area, and maps of fire hydrants and sewerage man-holes in such form, and in such manner, as may be provided by regulations, and shall ensure the secrecy of the same in conformity with the provisions of any law relating to Right to Information.412. Power to prohibit use of public streets for certain kinds of traffic.
413. Defining regular line of street.
414. Setting back buildings to regular line of street.
415. Compulsory setting back of building to regular line of street.
416. Setting forward of building to regular line of street.
- The municipality may, upon such terms as it thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may require any building to be set forward in the case of reconstruction thereof or of a new construction.Explanation. - For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building, and it shall be deemed to be a sufficient compliance with the permission or the requirement to set forward a building to the regular line of a street, if a wall of such materials and dimensions, as are approved by the municipality, is erected along such line.417. Acquisition of open land and land occupied by platforms etc., within regular line of street.
- If any land, whether open or enclosed, not vested in the municipality and not occupied by any building, is within the regular line of a public street or if any platform, verandah, step, compound wall, hedge or fence or some other structure, authorized or not, external to a building abutting on a public street, or a portion of such platform, verandah, step, compound wall, hedge, fence or other structure is within the regular line of such street, the Municipal Commissioner or the Executive Officer may, with the prior approval of the municipality and after giving the owner of such land or building not less than seven clear days notice of his intention so to do, take possession, on behalf of the municipality, of such land with its enclosing wall, hedge or fence, if any, or of such platform, verandah, step, compound wall, hedge, fence or other structure or of any portion thereof within the regular line of the public street, and, if necessary, clear the same, and the land so acquired shall thereupon be deemed to be a part of the public street and shall be vested in the municipality:Provided that where the land or the building is vested in the State Government or the Central Government or any agency thereof, the Municipal Commissioner or the Executive Officer shall not take possession thereof without the previous sanction of the State Government or the Central Government, as the case may be.418. Acquisition of remaining part of building and land after their portions within regular line of street have been acquired.
419. Compensation to be paid in certain cases of setting back or setting forward of building etc.
420. Special provision regarding streets belonging to Central or State Government.
421. Temporary erection on streets during festivals.
422. Precautions during construction or repair of street, drain or premises.
- Subject to the terms and conditions as may be specified by regulations, the Municipal Commissioner or the Executive Officer, during construction or repair of any public street or any municipal drain or any premises vested in the municipality, shall423. Power of municipality in relation to regulation of street.
- Subject to such terms and conditions as may, from time to time, be specified by regulations, the municipality may -424. Restoration of municipal properties by public utilities.
425. Definitions.
- In this chapter, unless the context otherwise requires, the expression,| FAR =| Total covered area on all floorPlot area| X 100 |