State of Uttar Pradesh - Act
Uttar Pradesh Municipal Corporation Act, 1959
UTTAR PRADESH
India
India
Uttar Pradesh Municipal Corporation Act, 1959
Act 2 of 1959
- Published on 1 January 1959
- Commenced on 1 January 1959
- [This is the version of this document from 1 January 1959.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
- [(1) This Act may be called the Uttar Pradesh Municipal Corporation Act, 1959.] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]2. Definitions.
- In this Act unless there be something repugnant in the subject or context -3. [ Declaration of larger urban area. [Substituted by U.P. Act 26 of 1995, S.3 (w.e.f. 28-12-1994).]
Chapter II
Constitution and Governance of Corporation
4. [ Municipal Corporation to be a body corporate. [Substituted by U.P. Act 26 of 1995, S.4 (w.e.f. 28-12-1994).]
- A Municipal Corporation constituted under sub-clause (c) of clause (1) of Article 243-Q of the Constitution in accordance with Part IX-A thereof shall be known as the Municipal Corporation of ..........(Name of the city) and be a body corporate.]5. Corporation authorities.
- The Corporation authorities charged with carrying out the provisions of this Act for each City shall be -5A. [ Director of Local Bodies. [Inserted by U.P. Act 41 of 1976 (w.e.f. 15-9-1976).]
6. [ Composition of the Corporation. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
6A. [ Constitution and composition of Wards Committees. [Substituted by U.P. Act 26 of 1995 (w.e.f. 28-12-1994).]
- Each Wards Committee, constituted under clause (1) of Article 243-S of the Constitution within the territorial area of a Corporation having a population of three lakh or more, shall consist of ten wards.7. [ Reservation of seats. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
8. [ Duration of Corporation. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
8A. [
[* * * ] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]]8AA. [ Temporary provisions for the constitution of Corporation and administration of area notified as City. [Inserted by U.P. Act 3 of 1983, S.2 (w.e.f. 23-4-1982)]
9. Notification of Constitution of Corporation.
- As soon as may be after the election of the Corporators, [* * *] [Omitted by U.P. Act 12 of 1977.] and the Mayor of a Corporation for any City has been completed, the State Government shall notify by publication in the Official Gazette that the Corporation for that City has been duly constituted.Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.]10. Deputy Mayor.
- [* * *] [Section 10 omitted by U.P. Act 49 of 2007, S.10.]11. Qualification for election as Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.].
11A. [ Election of Mayor. [Inserted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
12. Election of [* * *] [The words 'Nagar Pramukh and the' omitted by U.P. Act 12 of 1994, S.16 (w.e.f. 30-5-1994).] Deputy Mayor.
- [* * *] [Section 12 Omitted By U.P. Act 49 Of 2007, S.12.]13. When election of Corproators to be deemed completed.
- For the purpose of [the election of] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] the election of the Corporators shall, notwithstanding any seat remaining unfilled, be deemed to be completed if at least four-fifth of the total number of Corproators fixed under Section 6 have been elected.14. Casual vacancy in the office of Mayor or [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.].
- If a casual vacancy occurs in the office of Mayor or [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] owing to death or resignation or any other cause a Mayor or [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.], as the case may be, shall be elected as soon as may be thereafter in the manner provided [in Section 11-A or Section 12, as the case may be] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] :Provided that where the remainder of the term is two months or less the vacancy shall remain unfilled unless the Mahapalika resolves otherwise.14A. [ Temporary arrangement in certain cases. [Inserted by U.P. Act 49 of 2007, S.13.]
- When the office of the Mayor is vacant or he is unable to perform his functions owing to absence, illness or any other cause, the State Government may, by order make such arrangement as he thinks fit, for exercising the powers, performing the functions and discharging the duties of the Mayor, till the Mayor resumes his duties.]15. Terms of Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.].
- [(1) Except as otherwise provided in this Act,] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).](a)the term of office of a Mayor shall be co-terminus with the term of the Corporation;(b)[* * *] [Omitted by U.P. Act 49 of 2007, S.14.]15A. [
[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]16. Motion of non-confidence against [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Mayor.
17. Mayor to be member.
- [(1) A Mayor shall be ex-officio member of the Corporation.] [Substituted by U.P. Act 26 of 1995, S. 8 (w.e.f. 30-5-1994).]18. Allowance of Mayor.
- [The Mayor and the [Deputy Mayor] [Substituted by U.P. Act 21 of 1964.] may be given such allowances or facilities as the Corporation may, with the previous approval of the State Government, fix;]19. Resignation of Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.].
20.
[* * *] [Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.]21.
[* * *] [Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.]22.
[* * *] [Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.]23. [ Certain provisions applicable to Corporators to apply to Nam Nirdishta Sadasyas. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
- The provisions of Sections 24, 25, 26, 28, 29, 30-A, 81, 82, 83, 85, 87, 538, 565, 570 and 572 as they apply to Corporators shall, mutatis mutandis, apply to Nam Nirdishta Sadasyas.]24. [ Qualifications for election as Corporator. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).]
- A person shall not be qualified for being chosen as, and for being a Corporator unless he -25. Disqualifications for [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).] Corproator.
25A. [ Bar to legislators becoming or continuing as Mayor, [Deputy Mayor] [Inserted by U.P. Act 8 of 2005, S.3.] or Corporator.
- Notwithstanding anything to the contrary, contained in any other provision of this Act,26. Term of office of Corporator [* * *] [Omitted by U.P. Act 12 of 1977.].
27. Election of Corporators.
28. Causal vacancy in the office of Corporator.
- Where before the expiration of the term of office of a Corporator his seat becomes vacant owing to death or resignation or any other cause a Corporator shall be elected as soon as may be after the occurrence of the vacancy in the same manner as far as may be, but subject to any other provisions of the Act in that behalf, as is provided for the election of Corporators at a general election by and under this Act:Provided that where the term of an outgoing Corporator would in the ordinary course expire within four months of the occurrence of the vacancy, the vacancy shall be left unfilled unless the Corporation resolves otherwise.29. Resignation of Corporators.
- A Corporator may at any time resign his office by writing under his hand addressed to the Mayor and his resignation shall take effect upon the receipt of the same by the Mayor.30. Election of same person for more than one ward.
30A. [ Conveyance allowance or facilities for members. [Inserted by U.P. Act 21 of 1964.]
- The Corporators [* * *] may be paid such conveyance allowance, or be given such facilities in lieu of conveyance allowance, for attendance at meetings of the Corporation and its committees as may be provided by rules.]Delimitation of Wards31. Provision of wards.
32. Delimitation Order.
- [(1) The State Government shall by order-(a)divide a [municipal area] into wards in such manner that the population in each ward shall, so far as practicable, be the same throughout the municipal area;(b)determine the number of wards into which a [municipal area] [Substituted for 'City' by U.P. Act 26 of 1995, S.11 (w.e.f. 28-12-1994).] shall be divided;(c)determine the extent of each ward;(d)determine the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the backward classes or the women.]33. Alteration or amendment of Delimitation Order and its effect.
34.
[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]35. [ Electoral roll for each ward. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
- There shall be an electoral roll for each 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 26 of 1995, S.11 (w.e.f. 30-05-1994).]36. [ Qualifications of electors. [Substituted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).]
- Subject to the provisions of Sections 37 and 38; 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.37. Disqualification for electors.
- [(1) A person shall be disqualified for registration in an electoral roll, if he -(i)is not a citizen of India, or(ii)is of unsound mind and stands so declared by a competent court, or(iii)is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.]38. Registration to be in one ward and in one place.
39. [ Preparation and publication of electoral roll. [Substituted by U.P. Act 26 of 1995, S.13 (w.e.f. 30-05-1994).]
40. [ Revision of electoral roll. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
- The State Election Commission may, if it thinks it necessary so to do, for the purposes of general or bye-election, direct a revision of the electoral roll for all or any of the wards in such manner as it may think fit:Provided that subject to other provisions 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 revision so directed].41. Other matters relating to electors and electoral rolls.
- [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 26 of 1995, S.14 (w.e.f. 30-05-1994).] by order make provisions in respect of the following matters concerning the electoral rolls, namely42. Right of vote.
43.
[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]44. Manner of voting.
- At every election in a ward where a poll is taken votes shall be given by secret ballot and no vote shall be received by proxy.Conduct of Elections45. [ Superintendence, etc. of the conduct of elections. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
- [(1)] The superintendence, direction and control of the conduct of elections of the Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] and Corporators of the Corporation shall be vested in the State Election Commission.]46. 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 12 of 1994 (w.e.f. 30-05-1994).] may, by order, provide for matters concerning conduct of elections to the offices of Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S.8.] and to the seats of [* * *] [Omitted by U.P. Act 12 of 1977.] Corporators, that is to say47. Failure of elections.
48. Electoral offences.
- [(1) The provisions of Sections 125, 126, 127, 127- A, 128, 129, 130, 131, 132, 134, 134-A, 135 [135-A] [Substituted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).] 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 the [Chief Election Officer (Urban Local Bodies)] [Substituted for 'State Election Commission' by U.P. Act 26 of 1995, S.16 (w.e.f. 30-05-1994).] had been substituted;(c)in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh [Municipal Corporation Act] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).], 1959" had been substituted.]49. [ Bar on Jurisdiction of Civil Court. [Substituted by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).]
- No civil court shall have jurisdiction50. [ Notification for election and vacancy. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
51. Constitution and term of Executive Committee.
52. Election of members of Executive Committee.
- The election of members of the Executive Committee and of the Vice-Chairman thereof shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.53. Resignation of members of Executive Committee.
- A member of the Executive Committee wishing to resign his office may do so in writing under his hand addressed to the Mayor and it shall take effect from the moment of its receipt by the Mayor.Development Committee54. Constitution and term of Development Committee.
55. Election of members of Development Committee.
- The election of members of the Development Committee and its Vice-Chairman shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.56. Resignation of members of Development Committee.
- A member of the Development Committee wishing to resign his office may forward a written resignation signed by him to the Mayor and his resignation shall take effect upon the receipt of such writing by the Mayor.Committees under clause (e) of Section 557. Constitution of Committees under clause (e) of Section 5.
57A. [ Metropolitan Planning Committee. - (1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
58. [ Appointment of Municipal Commissioner and Additional Municipal Commissioner. [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
- For every Municipal Corporation, the State Government shall appoint a Municipal Commissioner and one or more Additional Municipal Commissioner as it may consider necessary:Provided that no person not already in the service of [the State Government may be appointed as Municipal Commissioner] unless his appointment has been approved by the State Public Service Commission:][Provided further that no person may be appointed as Additional Municipal Commissioner unless he is a Deputy Municipal Commissioner of the Corporation in the seniormost scale.] [Inserted by U.P. Act 26 of 1995, S.17 (w.e.f. 30-05-1994).]59. Salary and allowances, etc., of Municipal Commissioner [and the Additional Municipal Commissioner] [Inserted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).].
60. Election valid unless questioned, etc.
- No election under this Act shall be called in question except as provided by or under this Act.61. Questioning of election of [Mayor or [Deputy Mayor] [Substituted by U.P. Act 17 of 1982 (w.e.f. 04-01-1982).]].
62. Questioning of election of [* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] Corporator.
- [(1) The election of any person as Corporator may be questioned by any unsuccessful candidate at the election or by any person whose nomination paper was rejected at the election, or by any elector of the ward concerned.] [Substituted by U.P. Act 12 of 1977.]63. Forms and contents of petitions.
64. Relief that may be claimed by the petitioner.
- A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.65. Recrimination.
66. Petition when to be dismissed.
- If an election petition has not been presented within the time allowed by this Act or it does not comply with any provisions made under Section 79 relating to deposit of security or the necessary court-fee payable thereon is not furnished within the time allowed therefor it shall forthwith be rejected by the District Judge.67. Procedure of hearing of petition.
68. Transfer of petition.
69. Decision on the petition.
- If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order -70. Other orders to be made while disposing of the petition.
- At the time of making an order under Section 69 the District Judge shall also make an order -71. Grounds for declaring an election to be void.
- If the District Judge is of opinion -72. Grounds for which candidate other than the returned candidate may be declared elected.
- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the District Judge is of opinion-73. Procedure in case of equality of votes.
- If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then -74. Appeal against order of District Judge.
75. Finality of orders and decision.
- The decision of the High Court on appeal under Section 74 and subject only to such decision, the order of the District Judge under Section 69 or Section 70 shall be final and conclusive.76. Communication order.
- The District Judge shall after pronouncing his orders made under Sections 69 and 70 send a copy thereof to the State Government.77. Taking effect of order.
- An order of the District Judge under Section 69 or Section 70 shall take effect on the day next following the day on which the same is pronounced.78. Corrupt practices.
- The following shall be deemed to be corrupt practices for the purposes of this Act:79. Rules regarding decision of disputes relating to elections.
- The State Government may make rules with respect to the following matters:80. Disqualification for electoral offences and corrupt practices.
81. Penalty for sitting and voting before making oath or affirmation or when not qualified or disqualified.
- If a person sits or votes as a Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S. 8.] or member of a Corporation at a meeting of the Corporation or any Committee thereof before he has complied with the requirements of sub-section (1) of Section 85 or when he knows that he is not qualified or that he is disqualified for being a Mayor, [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S. 8.], [* * *] [Omitted by U.P. Act 12 of 1977.] or Corporator as the case may be, he shall be liable in respect of each day on which he so sits or votes to penalty of fifty rupees to be recovered as a debt due to the State.82. Questions as to disqualifications to be determined by the State Government.
- If any question arises as to whether a member of a Corporation has become subject to any of the disqualifications mentioned in Section 25 the question shall be referred in the manner prescribed for decision to the State Government and the decision of the State Government shall be final.83. Removal of members.
84.
[* * *] [Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]85. Oath of allegiance to be taken by the Mayor and members.
- [(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected a Corporator [* * *] [Substituted by U.P. Act 21 of 1964.] or co-opted as a member of the Development Committee and every person who is elected a Mayor shall before taking his seat make an oath or affirmation in the following form, namely:Corporator [* * *]"I, A.B., having been elected ___________________Co-opted member of the "Mayor" do swear in the name of God Development Committee of this Corporation _________________________that I will solemnly affirm 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 discharge the duty upon which I am about to enter."][(1-A) Within seven days of the constitution under Section 9 or reconstitution under Section 538 of the Corporation the Municipal Commissioner shall convene a meeting of the Municipal Corporation. The Commissioner of the Division or in his absence the District Magistrate shall administer the oath or affirmation to the Mayor and thereafter the Mayor shall administer the oath or affirmation to corporators who have been declared elected. Such meeting shall be presided over by the Commissioner of the Division or in his absence the District Magistrate. The meeting so convened, shall be treated as the First Meeting of the Municipal Corporation.] [Substituted by U.P. Act 38 of 2006, S.4.]86. Expenses of election.
87. Power to make rules.
Chapter III
Proceedings of the Mahapalika, Executive Committee, Development Committee and Other Committees
88. Meeting of Corporation.
89. Meetings of Executive Committee, etc.
90. Quorum.
91. Notice of meeting and business.
92. Vote of majority decisive at meetings of the Corporation.
93. Adjournment of meeting of Corporation and Committee, etc.
- The Presiding Officer of any meeting of the Corporation or of any Committee referred to in Section 89 at which a quorum of the members is present may, with the consent of the majority of the members present, adjourn the meeting from time to time.94. Presiding Officers at meetings.
95. Special Committees and Joint Committees.
96. Joint transaction with other local authorities.
97. Sub-committees.
98. Right to ask questions.
- A Corporator [* * *] [Omitted by U.P. Act 12 of 1977.] may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the Municipal Government of the City.99. Attendance of Chairman of a Committee at meetings of other committees.
- With the permission of the Mayor the Chairman of any Committee of the Corporation may be present at and address a meeting of any other Committee of the Corporation but he shall not, by virtue of this section, be entitled to vote thereat.100. Vacancy in the offices of both Mayor and [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S. 8.].
- Whenever the office of the Mayor as well as of the [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S. 8.] is vacant, the Municipal Commissioner shall, subject to any directions which the prescribed Authority may give in this behalf, carry on the routine duties of the Mayor till a Mayor or [Deputy Mayor] [The word 'Deputy Mayor' omitted by U.P. Act 49 of 2007, S. 8.] is elected.101. Presence of Municipal Commissioner and other officers at meetings.
102. Proceedings of the Corporation, Executive Committee, etc.
- The meeting of the Corporation, the Executive Committee, [the Development Committee, the Wards Committees] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] and all other Committees and sub-committees shall be held and the business before them conducted and disposed of in the manner prescribed by bye-laws made by the Corporation.103. Bye-laws under this Chapter.
104. Vacancies, etc. not to invalidate proceedings.
105. Bar to questioning of act and proceeding on ground of mere irregularity.
- No act done or proceeding taken under this Act shall be called in question in any court on the ground merely of any defect or irregularity in procedure not affecting the substance.Chapter IV
Officers and Staff
106. Creation of posts.
107. Appointment of posts.
108. Officiating and temporary appointments to certain posts.
- Notwithstanding anything contained in Section 107 officiating and temporary appointments to posts mentioned in sub-sections (1), (2) and (3) of the said section may be made by the appointing authorities specified in those sub-sections without consulting the State Public Service Commission or obtaining the recommendation of the Selection Committee, but no such appointment shall continue beyond the period of one year, nor shall be made where it is expected to last for more than a year, without consulting the State Public Service Commission or otherwise than in accordance with the recommendation of the Selection Committee, as the case may be.108A. [ Appointment of teachers of institutions maintained by Corporations. [Inserted by U.P. Act 10 of 1978, clause (a) being effective from December 1, 1977 and clause (b) from April 25, 1978.]
- Notwithstanding anything in Sections 107 and 108, -109. Conditions of service etc.
- The emoluments and other conditions of service of officers, staff and other servants of the Corporation shall be such as may be prescribed by the State Government.110. Punishment of officers of the Corporation.
- [(1) No officer or servant of the Corporation shall be dismissed or removed or otherwise punished by an authority subordinate to that by which he was appointed:Provided that in the case of an officer or servant whose appointment is required to be made in consultation with the State Public Service Commission under Section 107, it shall be necessary for the authority concerned to consult the Commission in the manner prescribed, before passing an order for the dismissal, removal or reduction in rank of any such officer or servant.] [Substituted by U.P. Act 10 of 1978 (w.e.f. 25-04-1978).]111. Power of the State Government to make appointments.
- Where any authority specified in Section 107 fails within a reasonable time to make appointment to any post specified in Section 106 or created thereunder the State Government may after giving the authority due opportunity and consulting the State Public Service Commission, if necessary, make appointment thereto and such appointment shall then be deemed for all purposes to have been made by the authority concerned.112. Power and duties of certain officers.
112B. Essential services.
- The following services of the Corporation shall be the essential services, namely:112C. Member of essential services not to resign, etc. without permission.
- No member of an essential service shall112D. Power of State Government to declare emergency.
112E. [ [Inserted by U.P. Act 38 of 2006, S. 5.]
113. Power to make rules.
Chapter V
Duties and Powers of the Corporation and Corpora ION Authorities
114. [ Obligatory duties of the Corporation. [S. 114 shall stand affected as soon as a Jal Sansthan is constituted for a city vide U.P. Act 43 of 1975, S.100. See Note 1 under S. 115.]
- It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely, -115. Discretionary duties of Corporation.
- The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely:116. Division of functions between Corporation authorities.
- (I) The respective functions of the several Corporation authorities shall be such as are specifically prescribed by or under this Act.117. Functions of Corporation authorities.
118. Powers and duties of Mukhya Nagar Lekha Parikshak.
- The Mukhya Nagar Lekha Parikshak shall -119. Delegation of functions.
120. Municipal Commissioner to exercise powers and perform duties of Corporation under other laws.
121. Corporation may call for extract from proceedings, etc., from the Executive Committee.
- The Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and call for a return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee as is empowered by or under this Act to deal, and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.122. Power of the Corporation to require Municipal Commissioner to produce documents and furnish returns, reports, etc.
123. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.
- The exercise by any Corporation authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except where it is expressly provided otherwise by or under this Act, be subject to the conditions that -124. Power to make rules.
Chapter VI
Property and Contracts
125. Powers of Corporation as to acquisition and holding of property.
126. Succession to property, assets, rights, liabilities and obligations in certain cases.
127. Certain provisions governing acquisition of property.
128. Power to dispose of property.
129. Provisions governing disposal of property.
- With respect to the disposal of property belonging to the Corporation the following provisions shall have effect, namely:129A. [ Application of Chapter VII of Act I of 1966 to Corporation premises. [Inserted by U.P. Act 30 of 1970 and substituted by U.P. Act 22 of 1972.]
- The provisions of Chapter VII of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, shall apply in relation to any premises belonging to or vesting in the Corporation or taken on lease by the Corporation for the purposes of this Act as they apply in relation to 'Board premises' as defined in that Act and the references therein to the Board and matters prescribed under that Act shall respectively be construed as references to the Corporation and matters prescribed under this Act.]130. Procedure when immovable property cannot be acquired by agreement.
131. Powers of Corporation to the making of contracts.
- Subject to the provisions of this Act, the Corporation shall have power to enter into contracts which may be necessary or expedient under or for any purposes of this Act.132. Certain provisions relating to the execution of contracts.
133. Manner of execution.
134. Execution of works.
- The Corporation may determine either generally for any class of cases or specially for any particular case whether the Municipal Commissioner shall execute the work by a contract or otherwise.135. [ Estimates not exceeding [eight lakh] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] rupees.
136. Estimates exceeding [eight lakh rupees] [Substituted for 'five lakh rupees' by U.P. Act 16 of 2004, S.8 (w.r.e.f. 21-11-2002).].
137. Powers of Corporation to enforce covenants against owner for the time being of land.
- A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenanter notwithstanding that the Corporation is not in possession of, or interested in, any immovable property for the benefit of which the covenant was entered into, in the like manner and to the like extent as if it had been possessed of or interested in such property.138. Power to make rules.
138A. Finance Commission.
Chapter VII
Corporation and other funds
139. [ Constitution of Corporation and other funds. [Section 59 of President's Act 11 of 1973 affects this section on constitution of the Authority for a development area.]
140. Purposes for which Corporation Fund is to be applied.
- [The moneys credited to the Corporation Fund from time to time shall, in the first place, be applied for payment of salaries and allowances of Safai Mazdoors and then in the following order of preference]: [Substituted by U.P. Act 15 of 1983 (w.e.f. 01-08-1983).]Firstly, in making due provision for the repayment of all loans payable by the Corporation under the provisions of Chapter VIII;Secondly, in discharge of all liabilities imposed on the Corporation by clause (b) of sub-section (1) of Section 126;Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in Sections 114 and 115, and for otherwise carrying this Act into effect, or of which the payment shall be duly sanctioned under any of the provisions of this Act inclusive of -140A. [ Restriction on expenditure from Corporation fund over certain litigation. [Inserted by U.P. Act 41 of 1976 (w.e.f. 15-09-1976).]
- No expenditure from the Corporation fund shall be incurred without the prior sanction in writing of the Director for the purpose of defraying the costs of any proceedings instituted or commenced in any court of law by or on behalf of any Municipal Corporation or the Mayor or any authority thereof in respect of any order made or purporting to have been made by the State Government under Section 83, Section 84, Section 534, Section 535, [Section 537, or Section 538].]141. Temporary payments from Corporation Fund for works urgently required for public service.
142. Maintenance and audit of accounts.
143. Special Audit.
- The State Government may at any time direct special examination and audit of Corporation accounts for such period as they think fit by auditors appointed by the State Government in that behalf and a report of such examination and audit shall be submitted by the said auditors to the State Government.144. Auditors to have access to all the Corporation accounts and to all records, etc.
145. Preparation of annual administration report and statement of accounts.
146. Budgets.
147. Revised Budget Estimates.
- As soon as may be after the first day of September if it is an indebted Corporation and the first day of October if it is not an indebted Corporation revised budget estimates for the year shall be adopted by the Corporation and the revised estimates shall, as far as may be, but subject to the modifications mentioned herein, be subject to all the provisions of Section 146.Modifications -148. Determination of rates of taxes.
- The Corporation shall, on or before February 15 if it is an indebted Corporation but on or before March 15 otherwise, after considering the proposal of the Executive Committee, determine, subject to the limitations and conditions prescribed in Chapter IX the rates at which Corporation taxes referred to in sub-section (1) of Section 172 shall be levied in the next ensuing financial year.149. Corporation may increase amount of budget grants and make additional grants.
150. Restrictions on expenditure from Corporation Fund.
- Except as may be provided by rules in this behalf, no expenditure shall be incurred or payment made of any sum out of the Corporation Fund unless the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made in accordance with the provisions of sub-section (3) of Section 149.151. Alteration in budget estimates.
- The Corporation may vary or alter from time to time as circumstances may render desirable, the budget estimates adopted under Section 146 or Section 147:Provided that in the case of an indebted Corporation every variation or alteration under this section shall be subject to confirmation by the State Government.152. Indebted Corporation.
- Where in the opinion of the State Government the condition of indebtedness of any Corporation is such as to make the control of the State Government over its budget desirable, the State Government may by order notified in the Official Gazette declare that such is the case and such Corporation shall for the purposes of this Act be deemed to be an indebted Corporation.152A. [ Surcharge. [Inserted by U.P. Act 21 of 1964.]
153. Power to make rules.
- The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting the generality of the powers conferred hereby, make rules for the following purposes:Chapter VIII
Borrowing Powers
154. Power of Corporation to borrow money.
155. Power of Corporation to borrow from banks against public securities.
- Notwithstanding anything contained in Section 154 but subject to the provisions of Section 31 of the Reserve Bank of India Act, 1934, the Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the Corporation Fund may be deposited, against any public securities in which for the time being the cash balance of the Corporation may be invested:Provided that in the case of an indebted Corporation, borrowing under this section shall be made with the previous approval of the State Government.156. When and how loan should be repaid.
157. Maintenance and application of sinking fund.
158. Investment of sinking fund.
159. Investment of sinking fund and surplus moneys in debentures issued by Corporation.
160. Annual examination of sinking funds.
161. Attachment of Corporation Fund in default of repayment of loan.
162. Form of debentures.
163. Coupons attached to debentures to bear signature of Chairman of Executive Committee and Municipal Commissioner.
- All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Executive Committee and the Municipal Commissioner on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.164. Debentures issued to two or more persons jointly.
- Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872 -165. Issue of duplicate securities.
166. Renewal of debentures.
167. Liability in respect of debenture renewed.
168. Discharge in certain cases.
- When a duplicate debenture has been issued under Section 165 or when a renewed debenture has been issued under Section 166 or when the principal sum due on a debenture in respect of which an order has been made under Section 165 for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be-169. Indemnity.
- Notwithstanding anything in Section 166 the Municipal Commissioner may in any case arising thereunder-170. Annual statement to be prepared by Municipal Commissioner.
171. Power to make rules.
- The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting the generality of the power conferred hereby, make rules for the following purposes:Chapter IX
Corporation Taxation
172. Taxes to be imposed under this Act.
173. Property taxes leviable.
174. Definition of "annual value".
- [(1)] [Section 174 renumbered as sub-section (1) by U.P. Act 17 of 1999, S. 3.] "Annual value" means -(a)[ in the case of railway stations, colleges, schools, hostels, factories, commercial buildings, and other non-residential buildings, a proportion not below 5 per cent, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building less depreciation at a rate to be fixed by rules, to the estimated value of the land appurtenant thereto; and] [Substituted by U.P. Act 3 of 1987 (w.e.f. 21-01-1987).](b)[ in the case of a building or land not falling within the provisions of clause (a), twelve times the value arrived at on multiplying the carpet area of the building, or the area of the land, by the applicable minimum monthly rate of rent per square foot of the carpet area in the case of building or the applicable minimum monthly rate of rent per square foot of the area in the case of land, as the case may be, and for this purpose the minimum monthly rate of rent per square foot shall be such as may be fixed once in every two years by the Municipal Commissioner on the basis of the location of the building or the land, nature of the construction of the building, the circle rate fixed by the Collector for the purposes of the Indian Stamp Act, 1899 and the current minimum rate of rent in the area for such building or land and such other factors, and in such manner, as may be prescribed: [Substituted by U.P. Act 17 of 1999, S. 3.]Provided that where the annual value of any building would, by reason of exceptional circumstances, in the opinion of the Corporation, be excessive if calculated in the aforesaid manner, the Corporation may fix the annual value at any less amount which appears to it equitable.Explanation. - For the purpose of calculation of annual value the carpet area shall be calculated as under: -(i)Rooms - fully measurement of internal dimension;(ii)Covered Verandah - full measurement of internal dimension;(iii)Balcony, Corridor, Kitchen and Store - 50 per cent measurement of internal dimension;(iv)Garage - one-fourth measurement of internal dimension;(v)Area covered by bathroom, latrines, portico and staircase shall not form part of the carpet area.Explanation II. - The standard rent, the agreed rent or the reasonable annual rent of a building for the purposes of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 shall not be taken into account while calculating the annual value of that building.]175. [ [Restrictions on imposition of water tax] [Substituted by U.P. Act 10 of 1978 (w.e.f. 01-12-1977).].
- The imposition of a tax under clause (b) of sub-section (1) of Section 173 shall be subject to the restriction that the tax shall not be imposed -176. Pooling of income from waterworks, drainage works, etc.
- The proceeds of the water, drainage and conservancy taxes and all other incomes derived from waterworks, drainage works, drains and excrementitious and polluted matter collected from privies, urinals and cesspools and from disposal of such matters and income from sullage farms shall be pooled together and shall be defrayed on purposes connected with the construction, maintenance, extension or improvement of such waterworks and drainage works and with the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools including maintenance of sullage farms.177. General tax on what premises to be levied.
- The general tax shall be levied in respect of all buildings and lands in the City except -178. Remission by reason of non-occupation.
179. Primary responsibility for certain property taxes on annual value.
180. Liability for payment of other such taxes.
181. Property taxes to be a first charge on premises on which they are assessed.
182. Taxes on vehicles, boats and animals.
183. Exemptions from certain taxes mentioned in Section 172.
184. Betterment tax.
- "Betterment tax" means a tax to be charged on the increase in the value of the land comprised in a scheme put into operation under Chapter XIV, but not actually required for the execution thereof, or on the increase in the value of any land adjacent to and within one quarter of a mile of the boundaries of such scheme, provided that such adjacent land is situated within the City.185. Amount of Betterment tax.
- The Betterment tax shall be an amount equal to one-half of the difference between the market value of the land on the date specified in the public notice under sub-section (2) of Section 187 and the market value of such land on or immediately before the date on which the scheme was finally notified under Chapter XIV:Provided that for the purposes of calculation under this section the land shall be treated as free of all buildings.186. Payment of Betterment tax.
- Where a Corporation has imposed a tax mentioned in clause (f) of sub-section (2) of Section 172 every owner of land mentioned in Section 184 or any person, having an interest therein in respect of the increase in the value of such land, shall in the manner hereinafter provided pay to the Corporation such Betterment tax as may be determined by Municipal Commissioner.187. Notice of levy of Betterment tax.
188. Assessment of Betterment tax.
189. Alternative to payment of Betterment tax.
190. Recovery of arrears of Betterment tax.
- Arrears of Betterment tax shall be realized in the manner provided in Chapter XXI.191. [ Tax on deeds of transfer of immovable property. [By virtue of Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974, Section 191 along with certain other provision of the U.P. Nagar Mahapalika Act shall in respect of a development area, remain suspended with effect from the date of constitution of Development Authority for that area and until the dissolution of such authority.]
192. Tax on advertisements.
- Where a Corporation imposes a tax mentioned in clause (h) of sub-section (2) of Section 172, every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as may be provided by the Act or rules made thereunder:Provided that no tax shall be levied under this section on any advertisement or a notice-193. Prohibition of advertisement without written permission of Municipal Commissioner.
194. Permission of the Municipal Commissioner to become void in certain cases.
- The permission granted under Section 193 shall become void in the following cases, namely:195. Beneficiary from advertisement to be deemed responsible.
- Where any advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of Section 192 or Section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the person for whom or for whose purposes the advertisement has prima facie been so erected, exhibited, fixed or retained shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.196. Removal of unauthorised advertisements.
- If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of Section 192 or Section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the Municipal Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.197. Exemption from theatre tax.
- The theatre tax shall not be leviable in respect of -198.
[* * *] [Omitted by U.P. Act 9 of 1991 (w.e.f. 01-08-1990).]Imposition of Taxes199. Framing of preliminary proposals.
200. Procedure subsequent to framing proposals.
201. Power of State Government to reject, sanction or modify proposal.
- Upon receipt of the proposals and objection under the preceding section the State Government may either refuse to sanction the proposals or return them to the Corporation for further consideration or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it seems fit.202. Resolution of Corporation directing imposition of taxes.
203. Imposition.
204. 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 subsection (1) of Section 199 shall, so far as may be, be the procedure prescribed by Sections 199 to 202 for the imposition of a tax.205. Power of State Government to remedy or abolish tax.
206. Power of State Government to require Corporation to impose taxes.
207. Preparation of assessment list.
- [The Municipal Commissioner shall cause areawise rental rates and an assessment list in the city or part thereof to be prepared from time to time, in accordance with the manner prescribed in the Rules.] [Substituted by U.P. Act 16 of 2004, S. 10 (w.r.e.f. 21-11-2002).]207A. [ Option to deposit self-assessment property tax. [Inserted by U.P. Act 17 of 1999, S. 6.]
- Notwithstanding any other provisions of this Act, the owner or occupier primarily liable for payment of tax in respect of a residential 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 clause (b) of Section 174, and deposit the property tax so assessed by him in such manner, together with a statement of such self-assessment in such form, as may be prescribed.]207B. [ Submission of the details of houses or lands for assessment of tax. [Inserted by U.P. Act 16 of 2004, S. 11 (w.r.e.f. 21-11-2002).]
208. Publication of list.
- [The Municipal Commissioner shall publish the list prepared under Section 207 in accordance with the manner prescribed in the rules.] [Substituted by U.P. Act 16 of 2004, S. 12 (w.r.e.f. 21-11-2002).]209. [ Objections on proposed rates and list. [Subs by U.P. Act 16 of 2004, S. 13 (w.r.e.f. 21-11-2002).]
210. [ Authentication and custody of list. [Substituted by U.P. Act 8 of 1970.]
- [(1) The Municipal Commissioner or an officer authorised by him in this behalf, shall authenticate by his signature the areawise rental rates and the assessment list of the city or any part thereof, as the case may be.]211. Revision and duration of list.
212. Conclusiveness of entries in list.
- An entry in an assessment list shall be conclusive proof -213. Amendment and alteration of list.
- [The Municipal Commissioner or an officer authorised by him in this behalf] [Substituted by U.P. Act 16 of 2004, S. 15 (w.r.e.f. 21-11-2002).] may at any time alter or amend the assessment list -(a)by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation after the authentication of the assessment list; or(b)by substituting therein for the name of the owner or occupier of any property the name of any other person who has succeeded by transfer or otherwise to the ownership or occupation of the property; or(c)by enhancing the valuation of, or assessment on, any property which [has become incorrectly valued or assessed or which, by reason of fraud, misrepresentation or mistake, has been incorrectly valued or assessed] [Substituted by U.P. Act 12 of 1987, S. 11 (w.e.f. 21-01-1987).]; or(d)by revaluing or re-assessing any property the value of which has been increased by additions or alterations to buildings; or(e)where the percentage on the annual value at which any tax is to be levied has been altered by the Corporation under the provisions [of this Act] [Substituted by U.P. Act 23 of 1961.] by making a corresponding alteration in the amount of the tax payable in each case; or(f)by reducing upon the application of the owner or on satisfactory evidence that the owner is untraceable and the need for reduction established, upon its own initiative, the valuation of any building which has been wholly or partly demolished or destroyed; or(g)by correcting any clerical, arithmetical or other apparent error:Provided that the Executive Committee or the sub-committee, as the case may be, shall give at least one month's notice to any person interested in any alteration [or amendment] [Substituted by U.P. Act 21 of 1964.] which the Executive Committee or sub-committee proposes to make under clauses (a), (b), (c) or (d) of sub-section (1) and of the date on which the alteration [or amendment] [Substituted by U.P. Act 21 of 1964.] will be made.[(1-A) For the removal of doubts it is hereby declared that it shall not be necessary to follow the procedure laid down in Sections 199 to 203 or in Sections 207 to 210 in respect of any alteration made under clause (e) of sub-section (1) as a result of a determination of the rate of tax under Section 148.] [Inserted by U.P. Act 21 of 1964 and shall be deemed always to have been inserted.]214. [ Obligation to supply informations for purpose of amendment. [Substituted by U.P. Act 16 of 2004, S. 16 (w.r.e.f. 21-11-2002).]
215. Obligation to give notice of re-occupation.
- The owner of a building or land for which a remission or refund of the tax has been given under Section 178 shall give notice of the re-occupation of such building or land within fifteen days of such re-occupation.216. Consolidation of taxes.
- For the purpose of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from, the property taxes described in Section 173 a Corporation may consolidate any two or more of such taxes:Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing a person of his liability thereunder or for the purpose of securing compliance with the provisions of Section 175 or Section 176 the Municipal Commissioner shall, in the manner prescribed, apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.217. Deduction required by exemptions.
218. Summary proceedings may be taken against persons about to leave the City.
219. 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 -220. Composition.
221. Exemption.
221A. [ Interest payable by owner or occupier. [Inserted by U.P. Act 17 of 1999, S. 9.]
221B. Statement of carpet area and area.
222. Obligation to disclose liability.
223. Powers of discovery.
- The Municipal Commissioner or any other officer or servant of the Corporation authorised in this behalf 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 and the provisions of Sections 560, 562 and 563 shall apply to such inspections.224. 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 circumstances shall be invalid by reason only of the mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstances, or by reason of any more 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.Supplementary Taxation225. Any tax imposable under this Act may be increased or newly imposed by way of imposing supplementary taxation.
- Whenever the Corporation determines to have recourse to supplementary taxation in any financial year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the State Government or by levying, with due sanction, a tax imposable under this Act but not being levied at the time being.226. Bar to jurisdiction of Civil and Criminal Courts in matters of taxation.
- No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed be questioned in any other manner or before any other authority than is provided in this Act.227. Power to make rules.
228. Drains to be constructed and kept in repair by the Municipal Commissioner.
229. Adoption by Corporation of drains and drainage or sewage disposal works.
230. Power of making drains.
231. Alteration, etc., and discontinuance of drains.
- The Municipal Commissioner may enlarge, alter the course of, deepen, lessen, arch over or otherwise improve any Corporation drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain the Municipal Commissioner shall, as soon as may be, provide, at the cost of the Corporation for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.232. Cleansing of drains.
233. Power to connect drain of private street with Corporation drain.
- The owner of a private street may, subject to his fulfilling the conditions to be prescribed connect the drain of such street with a Corporation drain.234. Right of owners and occupiers of buildings and lands to drain into Corporation drains
235. Power of Municipal Commissioner to require drain or proposed drain to be so constructed as to form part of general system.
236. Connections with Corporation drains not to be made except in conformity with Sections 233 and 234.
- Except as provided by Sections 233 and 234 or as may be prescribed, no person shall make or cause to be made any connection of a drain belonging to himself or to some other person with any Corporation drain or other place lawfully set apart for the discharge of drainage, and the Municipal Commissioner may, after giving notice to the person concerned, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Municipal Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.237. Right of owners and occupiers of premises to carry drain through land belonging to other persons.
238. Municipal Commissioner may enforce drainage of undrained premises situate within hundred feet of Corporation drain.
- Where any premises are, in the opinion of the Municipal Commissioner, without sufficient means of effectual drainage and a Corporation drain or some place lawfully set apart for the discharge of drainage is situate at a distance not exceeding one hundred feet from some part of the said premises the Municipal Commissioner may, by written notice, require the owner or occupier of the said premises -239. Municipal Commissioner may enforce drainage of undrained premises not situate within hundred feet of Corporation drain.
- Where any premises are, in the opinion of the Municipal Commissioner, without sufficient means of effectual drainage, but no Corporation drain is situated within one hundred feet from some part of the said premises, the Municipal Commissioner may, by written notice, require the owner or occupier, of the said premises -240. Special provisions relating to trade effluent.
- Subject to the provisions of this Act, the rules and the bye-laws and any other law in that behalf, the occupier of any trade premises, may, discharge into the Corporation drains any trade effluent proceeding from those premises.241. Power of Municipal Commissioner to drain premises in combination.
242. Municipal Commissioner may close or limit the use of existing private drains.
243. Vesting and maintenance of drains for sole. use of properties.
- Subject to the provisions of sub-section (2) of Section 228 every drain which has been constructed, laid, erected or set up, whether at the expense of Corporation or not, or which is continued for the sole use and benefit of any premises or group of premises shall -244. Right of Corporation to drains, etc., constructed at charge of Corporation Fund on premises not belonging to Corporation.
- All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the Corporation Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the date of the establishment of the Corporation upon any premises not belonging to the Corporation and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the Corporation has otherwise determined, vest in the Corporation.245. New buildings not to be erected without drains.
246. Obligation of owners of drains to allow use or joint ownership to others.
- Every owner of the drain connected with a Corporation drain or other place lawfully set apart for the discharge of drainage shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, on such terms as may be prescribed under Section 247.247. How right of use or joint ownership of a drain may be obtained by a person other than the owner.
248. Sewage and rain-water drains to be distinct.
- Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the Municipal Commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain-water and unpolluted sub-soil water each emptying into separate Corporation drains or other places lawfully set apart for the discharge of drainage or other suitable places.249. Affixing of pipes for ventilation of drains, etc.
250. Appointment of places for emptying of drains and disposal of sewage.
- The Municipal Commissioner may cause all or any Corporation drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose:Provided that-251. Provision of means for disposal of sewage.
- The Municipal Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the City.Water-closets, Privies, Urinals, etc.252. Construction of water-closets and privies.
253. Water-closets and other accommodation in buildings newly erected or re-erected.
254. Public necessities.
- The Municipal Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.Inspection255. Drains, etc., not belonging to Corporation, to be subject to inspection and examination.
256. Power to open ground, etc., for purposes of inspection or examination.
- For the purpose of such inspection or examination the Municipal Commissioner may cause the ground or any portion of any drain or other work exterior to a building, which he shall think fit, to be opened, broken up or removed:Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.257. Municipal Commissioner may require repairs, etc., to be made.
- When as a result of any inspection or examination under Section 255 the Municipal Commissioner finds that any drain, ventilation-shaft or pipe, cesspool, house-gully, water-close, 'privy, latrine, urinal or bathing or washing place is not in good order or condition or, except when the same has been erected by or under the order of the Municipal Commissioner, if it has been constructed in contravention of any of the provisions of this Act or the rules or bye-laws or of any enactment for the time being in force, the Municipal Commissioner may require the owner by written notice to remove the defect in such manner as he may, subject to any rules or bye-laws in force, direct.General Provisions258. Prohibition of acts contravening the provisions of the Act, rule or bye-laws or done without sanction.
259. Water-closets not to be injured or improperly fouled.
260. State Government may extend provisions of Chapter outside limits of City.
- The State Government may, by order which shall be published in the Official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provision and rules so applied shall have effect in that area as if it were within the City.261. Appeals.
- Any person aggrieved by -262. Power to make rules.
263. Power of the Corporation to construct, run or close waterworks.
- For the purposes of providing the City with a supply of water, proper and sufficient, for public and private purposes, the Municipal Commissioner may, subject to the provisions of this Act, construct, maintain, repair, alter, improve, and extend waterworks either within or without the City or close any such works and substitute other such works and for the purposes aforesaid do all such acts as may be incidental or necessary, including in particular -264. Inspection of waterworks.
265. Fire-hydrants to be provided by the Corporation.
- The Municipal Commissioner shall provide, maintain and repair fire-hydrants and all incidental works for the supplying of water in case of fire at all such places as shall be deemed to be necessary.266. Power of carrying water-mains, etc.
267. Prohibition of certain acts affecting the Corporation waterworks.
268. Remedy against acts in contravention of Section 267 and removal of latrines, etc., near any source of water-supply.
269. Obligations of Corporation imposing water-tax.
- Where water-tax is levied on any building or land it shall be incumbent on the Municipal Commissioner to make provision for supply of water to owners and occupiers of such buildings or land in such manner, during such time and in such quantity as may be prescribed by rules :Provided that the Corporation shall not be liable to any forfeiture, penalty or damages for failure to supply water if the same arises from accident or from unusual drought or other unavoidable causes.270. Prohibition of fraudulent and unauthorized use of water.
271. Power to make rules.
Chapter XII
Streets
Construction, Maintenance and Improvement of Streets272. Vesting of public streets in Corporation.
273. Power of Municipal Commissioner in respect of public streets.
274. Power to make new public streets.
- The Municipal Commissioner, when authorized by the Corporation in this behalf, may at any time -275. Minimum width of new public street.
276. Power to adopt, construct or alter any subway, bridge, etc.
- The Municipal Commissioner when authorized by the Corporation in this behalf, may agree with any person -277. Power to prohibit use of public streets for certain kinds of traffic.
278. Power to acquire premises for improvement of public streets.
279. Power to prescribe street lines.
280. Setting back buildings to the regular line of the street.
281. Additional power of Municipal Commissioner to order setting back of buildings to regular line of street.
282. Acquisition of open land or of land occupied by platforms, etc., within regular line of street.
- If any land not vesting in the Corporation whether open or closed, lies within the regular line of a public street and if not occupied, by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the regular line of such street, the Municipal Commissioner may, after giving to the owner of the land or building not less than fourteen clear days, written notice of his intention to do so, as after hearing any objection which may be filed during this time take possession on behalf of the Corporation of the said land within its enclosing wall, hedge or fence, if any, or of the said platform, verandah. step or other such structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired. shall thenceforward be deemed a part of the public street:Provided that when the land or building is vested in the State Government or the Central Government, possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any Corporation constituted by any law for the time being in force, possession shall not be taken as aforesaid, without the previous sanction of the State Government.283. Acquisition of the remaining parts of building and land after their portions within a regular line of the street are acquired.
284. Setting forward of buildings to the line of the street.
285. Compensation to be paid and betterment charges to be levied.
286. Owner's obligation to make a street when disposing of land as building sites.
- If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as site for the construction of buildings, he shall save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.287. Notice of laying out lands for building and for private streets.
288. Land not to be appropriated for building and private street not to be laid out until expiration of notice.
289. Levelling and drainage of private streets and means of access.
290. Powers to declare private streets as public streets.
291. Applicability of Sections 289 and 290 when a street is in part public and in part private.
- If a portion only of any street is a public street, the other portion of such street may for all purposes of Sections 289 and 290 be deemed to be a private street.Projections and Obstructions292. Prohibition of projection upon streets, etc.
293. Projections over streets may be permitted in certain cases.
294. Ground floor doors, etc., not to open outwards on streets.
295. Other prohibitions relating to streets.
296. Municipal Commissioner may, without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act.
- The Municipal Commissioner may, without notice, cause to be removed -297. Power to require trimming of hedges and trees.
- The Municipal Commissioner 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.298. 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 or encumber a street, the Municipal Commissioner 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 XXI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.299. Power to require removal of any structure or fixture erected or set up before the appointed day.
300. Municipal Commissioner may permit booths, etc., to be erected on streets on festivals.
- With the concurrence of the District Magistrate or such other officer as the District Magistrate may nominate in this behalf from time to time the Municipal Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.Provisions concerning execution of works in or near to streets301. Execution of works in or near to streets.
- Whenever there is any work in execution in or near to any street on behalf of the Corporation the Municipal Commissioner shall take such steps in regard to safety and convenience as he may be required to take under the rules. Whilst any such work as aforesaid or any work which may lawfully be executed in a street is in progress the Municipal Commissioner may in the manner laid down in rules close the street wholly or partly for traffic or for traffic of any such description as he may deem fit.302. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
303. Precautions for public safety to be taken by person to whom permission is granted under Section 302.
304. Buildings at corners of streets.
305. Regulation as to sky-signs.
306. Regulation and control of advertisements.
307. Hoards to be set up during work on any building adjacent to street.
308. Municipal Commissioner to take proceedings for repairing or enclosing dangerous places or places where some work affecting safety or convenience is carried on.
309. Protective measures during demolition work.
310. Public streets to be lighted.
311. Measures for watering streets.
- The Municipal Commissioner may -312. Prohibition of removal, etc., of lamps or any Corporation property on streets.
313. State Government may extend provisions of Chapter outside limits of City.
- The State Government may, by order which shall be published in the Official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the City.314. Power to make rules.
- (1l) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.315. Definition.
- In this Chapter the expression "to erect building" shall include -316. [ Notice of erection of building. [Operation of Section 316 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
- Every person intending to erect a building shall give to the Municipal Commissioner a notice in writing of his intention to do so in such form and manner and containing such particulars as may be prescribed by bye-laws.]317. [ Notice of repairs, alteration, etc., in building. [Operation of Section 317 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
- Every person intending -318. [ Rejection of plan, etc., if not drawn in the prescribed manner or where the applicant fails to supply the particulars called for by the Municipal Commissioner. [Operation of Section 318 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
- Any plan, section, description, structural drawings or structural calculations and any notice not fulfilling the conditions prescribed therefor or in respect of which the further particulars or details are not supplied to the Municipal Commissioner within such period as may be fixed by him, shall not be treated as sufficient and valid for the purposes of this Act.]319. [ Period within which Municipal Commissioner is to grant or refuse to grant permission to execute work. [Operation of Section 319 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
- Within thirty days after the receipt of any application made under Section 316 or Section 317 or of any information or of documents or further information or documents required under rules or bye-laws the Municipal Commissioner shall by written order either grant such permission or refuse on one or more of the grounds mentioned in Section 321 or Section 322 to grant it.]320. [ Reference to Executive Committee if Municipal Commissioner delays grant or refusal of approval or permission. [Operation of Section 320 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
321. [ Grounds on which approval of site for or permission to construct or reconstruct building may be refused. [Operation of Section 316 to 329, 333, clause (a) and (b) of 334(1), 335 and 336 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.]
322. [ Special powers for suspending permission to construct buildings. [See foot note 55 on p. 157]
- Notwithstanding anything contained in Section 321 if any street shown in the site-plan is an intended private street the Municipal Commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.]323. [ Restriction of the power to sanction construction of a place of entertainment in certain cases. [See foot note 55 on p. 157]
- Notwithstanding anything contained in this Act or any rule or 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 the Municipal Commissioner or the Executive Committee, if the site of, or proposed for such building is -324. [ Erection of building or execution of work-how to be carried out. [See foot note 55 on p. 157]
- Every person intending to erect a new building or to execute any work referred to in Section 317 shall erect the building or execute the work in such manner, under such supervision, through such qualified agency and subject to such conditions and restrictions as may be provided therefor by the bye-laws.]325. [ Inspection by Municipal Commissioner of buildings in course of erection, alteration, etc. [See foot note 55 on p. 157]
- The Municipal Commissioner or any officer or servant of the Corporation authorized in this behalf may, at any time during the erection of the building or the execution of any work referred to in Section 317, or within three months of the completion of such building or work, make an inspection thereof and if he has reasonable ground to suspect that in the erection of any such building or in the execution of any such work anything has been done contrary to any provisions of this Act or of any rule or bye-law framed thereunder, he may after 15 days' prior notice in writing to the person erecting such building or executing such work, cut into or lay open or pull down such portion, if any, of the building as prevents the discovery of facts sufficient to confirm or dispel the suspicion:Provided that the person whose building or construction has been cut into or laid open shall be paid compensation by the Municipal Commissioner for the damage caused to his building or work be abuse of the aforesaid act, where it is found that in the erection of the building or the execution of such work nothing was done by him contrary to the provisions of this Act.]326. [ Enforcement of provisions concerning buildings and works. [See foot note 55 on p. 157]
- Where the Municipal Commissioner at any time during the erection of the building or the execution of such work as aforesaid or at any time within three months after the completion thereof, whether as a result of his inspection or otherwise comes to know of any matter in respect of which the erection of such building or the execution of such work is in contravention of any provision of this Act or of any rule or bye-law framed thereunder, he may require the owner erecting or executing or who has erected or executed the said building or work, to cause, anything done contrary to any such provision, rule or bye-law, to be amended or to do anything which, by any such provision, rule or bye-law, may be required to be done but which has been omitted to be done.]327. [ Proceedings to be taken in respect of building or work commenced contrary to Act, rules or bye-laws. [See foot note 55 on p. 157]
328. [ Power of Municipal Commissioner to cancel permission on ground of material misrepresentation by applicant. [See foot note 55 on p. 157]
- If at any time after permission to proceed with any building or work has been given under this Act, the Municipal Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under Section 316 or 317, or further information, if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.]329. [ Completion certificates; permission to occupy or use. [See foot note 55 on p. 157]
330. Periodic inspection of buildings.
331. Removal of structures, etc., which are in ruins or likely to fall.
332. Dangerous opening in buildings.
- If it shall at any time appear to the Municipal Commissioner that any opening in any part of a building is so situated as to constitute a danger to human life, he may, by written notice, require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.Works unlawfully carried on333. [ Power of Municipal Commissioner to direct removal of person directing unlawful work. [See foot note 55 on p. 157]
334. [ Power of the Municipal Commissioner to vacate any building in certain circumstances. [See foot note 55 on p. 157]
335. [ Power to regulate future construction of certain classes of buildings in particular streets or localities. [See foot note 55 on p. 157]
336. [ Power of Municipal Commissioner in cases of contravention of provisions of Section 335. [See foot note 55 on p. 157]
- The Municipal Commissioner shall have power to take such action against the persons contravening the provisions of Section 335 as may be prescribed by bye-laws or rules.]337. Abandoned or unoccupied premises.
- If it appears to the Municipal Commissioner 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 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 the Corporation, or to any person who is known or believed to claim to be the owner, if such person is resident within the limits of the Corporation, and shall also affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the Municipal Commissioner, be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities in the neighbourhood.338. Power to prohibit re-erection of building on inaccessible sites.
339. Removal of building materials from any premises in certain cases.
- If it appears to the Municipal Commissioner 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 as to constitute a harborage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof the Municipal Commissioner may by a written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, within a reasonable time to be specified in the notice, to remove or dispose of the same or to take such order with the same as may, in the opinion of the Municipal Commissioner, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.340. Power of Municipal Commissioner to call for statement of accommodation.
341. State Government may extend provisions of chapter outside limits of City.
- The State Government may, by order which shall be published in the Official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the City.342. Power to make rules.
Chapter XIV
Improvement Schemes
Suspension of Chapter XIV. - This Chapter shall in respect of an area declared as a development area under Section 3 of the U.P. Urban Planning and Development Act, 1973, remain suspended and shall revive on dissolution of the Authority under Section 58 of that Act. (See Section 59 of the said Act.)343. Types of Improvement Schemes.
- For the purposes of effecting improvement in the City, an improvement scheme may be of one of the following types, or may combine any two or more of such types or special features thereof, that is to say -344. Samanya Vikas Yojana (General Improvement Scheme).
- Whenever it appears to the Development Committee -345. Basti Sudhar Yojana (Slum Clearance and Re-building Scheme).
346. Grih Punarnirman Yojana (Re-housing Scheme).
- The Development Committee when it resolves that an improvement scheme which is likely to displace persons be framed, shall also by resolution, require the Municipal Commissioner to frame a scheme (herein called Housing Scheme) for construction, maintenance and re-management of such and so many dwellings and shops as it may consider ought to be provided for persons who -347. Sarak Yojana (Street Scheme).
348. Bhavi Sarak Yojana (Deferred Street Scheme).
349. Grih Sthan Yojana (Housing Accommodation Scheme).
- Whenever the Development Committee is of opinion that it is expedient and for the public advantage to provide house accommodation for any class of the inhabitants of the City, [it may by resolution require the Municipal Commissioner] [Substituted by U.P. Act 24 of 1972.] to frame a scheme to be called a "Grih Sthan Yojana" (Housing Accommodation Scheme) for the purpose aforesaid.350. Nagar Prasar Yojana (City Expansion Scheme).
351. Framing of Scheme.
352. Combination of Improvement Schemes.
- Any number of areas in respect of which improvement schemes have been or are proposed to be framed, may at any time be included in one combined scheme.353. Matters to be provided for by Improvement Scheme.
354. Inclusion of areas outside City in certain Improvement Schemes.
- An improvement scheme mentioned in clause (a) or (b) or (g) of Section 343 may include within it in whole or in part any such area lying within two miles outside the limits of the City as the State Government may by notification in the Official Gazette specify and such area shall, for the purposes of this Chapter, be deemed to be area lying within the City.355. Matters to be considered when framing Improvement Schemes.
- When framing an Improvement Scheme in respect of any area, regard shall be had to -356. Consideration By Development Committee.
357. Notice of Improvement Scheme.
358. Notice of proposed acquisition of land.
359. Consideration of the scheme by the Corporation.
- After the expiry of the periods respectively prescribed under Sections 357 and 358 in respect of any improvement scheme, the Development Committee shall consider any objection or representation received thereunder and after hearing all persons making any such objection or representation who may desire to be heard, and after inserting in the scheme such modifications, if any, as it thinks fit, submit to the Corporation the scheme together with any objection or representation with its recommendation either that the scheme be abandoned or sanctioned.360. Abandonment or sanction of scheme by Corporation.
361. State Government's power in respect of the scheme.
362. Procedure on a scheme being modified by the Corporation.
- The provisions of Section 357 shall apply mutatis mutandis to any scheme that the Corporation on its own authority is entitled to sanction, if after the consideration of objections and representations under Section 360 any modification in the original scheme is made which gives rise to the conditions mentioned in sub-section (2) of Section 361.363. Notification of sanction of Improvement Scheme.
- Whenever a scheme is sanctioned whether by the Corporation on its own authority or with the sanction of the State Government under the proviso to sub-section (1) of Section 360, the fact shall be announced by notification in the Official Gazette and it shall be incumbent on the Corporation, when it sanctions the scheme under its own authority, immediately to inform the State Government and to submit for the information of the State Government the details required by sub-section (2) of Section 360.364. Alteration of Improvement Scheme after sanction.
- At any time after an improvement scheme has been sanctioned by the State Government or by the Corporation on its own authority and before it has been completed, the Corporation may alter it:Provided that -365. Acquisition of land acquired for Improvement Scheme.
366. Restrictions against building, etc.
- When a notice has been published under Section 357 in respect of a slum clearance and re-building scheme, no person shall erect, re-erect, add to or alter any building or otherwise develop any land comprised in the insanitary and re-building area except in accordance with the rebuilding plan for the area covered by the scheme and subject to such restrictions and conditions as the Municipal Commissioner may think fit to impose:Provided that an owner who is aggrieved by a restriction or condition so imposed on the use of his land, or by a subsequent refusal of the Municipal Commissioner to cancel or modify any such restriction or condition, may within thirty days appeal to the Judge. The Judge shall make such order in the matter as he thinks proper, and the decision of the Judge shall be final.367. Clearance orders.
- The Municipal Commissioner with the sanction of the Development Committee may at any time after the notification of sanction has been published under Section 363 require the occupiers of any building or buildings comprised in the insanitary area to be vacated for purposes of demolition within three months of the notice; and require the owner or owners of such building or buildings to demolish the same within a further period of one month and if the building is not demolished before the expiration of that period the Municipal Commissioner shall take measures to demolish the building}or buildings at the risk and cost of the owner, sell materials thereof and clear the site:Provided that the vacation and demolition of buildings may proceed simultaneously.367A. [ Abandonment of Scheme. [Inserted by U.P. Act 21 of 1964.]
- The Corporation may at any time with the prior approval of, and in accordance with such conditions as may be imposed by the State Government, abandon any scheme notified under Section 42 of the U.P. Town Improvement Act, 1919, Section 60 of the Cawnpore Urban Area Development Act, 1945 or Section 363 of this Act, and upon such abandonment, any land in respect of which the acquisition is not complete up to the stage of making of award, and the owner and occupier of such land, shall cease to be subject to any liabilities under this Chapter.]368. Power to dispose of land.
- Subject to the rules made under this Act the Corporation may retain, lease, sell, exchange or otherwise dispose of any land vested in or acquired by it under this Chapter:Provided that in leasing, selling, exchanging or otherwise disposing of land acquired for any scheme under this Chapter preference to such extent and in such manner as may be prescribed shall be given to the persons whose land was acquired for such schemes.369. Power to make surveys.
- The Municipal Commissioner may cause a survey of any land to be made whenever it considers that a survey is necessary for carrying out any of the purposes of this Chapter.370. Power of entry.
371. Tribunal to be constituted.
372. Duties of Tribunal.
- The Tribunal shall perform the functions of the Court with reference to all acquisition of land for the Corporation for the purposes of this Act under the Land Acquisition Act, 1894:Provided that no such claim shall be entertained by the Tribunal, unless the claimant has deposited in Court such sum not exceeding Rs. 7000, as the Tribunal may fix, as security, for the costs, which in the event of the claimant's failure may be awarded against him.373. Personnel of Tribunal.
374. Remuneration.
- [The presiding officer] [Substituted by U.P. Act 24 of 1972.] of the Tribunal shall be paid from the Corporation such fixed remuneration, if any, as the State Government may prescribe.375. Staff of Tribunal.
376. Modification of the Land Acquisition Act, 1894.
- For the purpose of the acquisition of land for the Corporation under the Land Acquisition Act, 1894 - whether"under this Chapter or any other chapter of this Act377. Law applicable to the Tribunal.
- In so far as they are not inconsistent with the provisions of this Act the provisions of the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, shall apply to all proceedings before the Tribunal.378.
[* * *] [Omitted by U.P. Act 24 of 1972.]379. Decision of the Tribunal to be final.
- Subject to the provisions of Section 381 the decision of the Tribunal shall be final, and shall not be questioned in any Court of law.380. Enforcement of orders of the Tribunal.
- Every order made by the Tribunal for the payment of money shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court.381. Appeals.
382. Preservation of trees and woodland.
383. Master Plan for the City.
383A. [ Preparation of development plan for the City. [Inserted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).]
384. Power to make rules.
Chapter XV
Sanitary Provisions
Scavenging and Cleansing385. Municipal Commissioner to provide for cleansing of streets and removal of refuse.
- For the purpose of securing the efficient scavenging and cleansing of all streets and premises the Municipal Commissioner shall -386. Regulation of the disposal of rubbish, etc. removed through private agency.
387. Refuse, etc., to be the property of the Corporation.
- All matters deposited in public receptacles, depots and places provided or appointed under Section 385 and all matters collected by Corporation servants or contractors in pursuance of that section and Section 386 shall be the property of the Corporation.388. Provision may be made by Municipal Commissioner for collection, etc., of excrementitious and polluted matter.
389. Special sanitary arrangements at certain places.
390. Power to inspect premises for sanitary purpose.
391. Building or rooms in buildings unfit for human habitation.
392. Power to require repairs of insanitary buildings.
393. Power to order demolition of insanitary buildings.
394. Procedure where demolition order made.
395. Appeal against demolition orders.
- Any person aggrieved by -396. Removal of Carcasses of dead animals.
- (l1) It shall be the duty of -the Municipal Commissioner to provide for the removal of the carcasses of all animals dying within the City.397. Prohibition of cultivation, use of manure, or irrigation injurious to health.
- If the Director of Medical [Health and Family Welfare, Uttar Pradesh or the Chief Medical Officer] [Substituted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).] or the Nagar Swasthya Adhikari certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner398. Power to require owners to clear away noxious vegetation.
- The Municipal Commissioner may, by notice, require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood.Regulation of Public Bathing, Washing, etc.399. Places for public bathing, etc., to be fixed by Municipal Commissioner, and regulation of use of such places.
400. Prohibition of bathing, contrary to order.
- Except as may be permitted by any order made by the Municipal Commissioner in that behalf no person shall -401. Factory, etc., not to be newly established without permission of Municipal Commissioner.
- No person shall -402. Prohibition of pollution or contamination of water by chemical, etc.
- No person engaged in any trade or manufacture specified in Section 438 or the rules shall -403. Power to require private water-course, etc., to be cleaned or closed.
404. Latrines for factories, schools and places of public resort.
- The Municipal Commissioner may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre or other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleansed:Provided that nothing in this section shall apply to a factory regulated by the [Factories Act, 1948.] [Substituted by U.P. Act 14 of 1959.]405. Power to require removal of nuisance arising from tanks, etc.
- The Municipal Commissioner may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Municipal Commissioner to be injurious to health or offensive to the neighbourhood:Provided that the owner or occupier may require the Municipal Commissioner to acquire at the expense of the Corporation or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under this section.Prevention and Checking of Dangerous Diseases406. Power of Municipal Commissioner, Nagar Swasthya Adhikari, etc., in case of dangerous diseases.
- Where a person attacked with a dangerous disease or suffering from such disease, is -407. Any place may at any time be inspected for purpose of preventing spread of dangerous disease.
- The Municipal Commissioner may at any time, by day or by night, without notice or after giving such notice of his intention as shall in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.408. Information of dangerous disease to be given.
- Every person -409. Closure of lodging and eating houses.
- The Municipal Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:Provided that such lodging house or place may be declared to be open if the Nagar Swasthya Adhikari certifies that it has been disinfected or is free from infection.410. Persons suffering from dangerous disease, etc., not to do certain things.
- No person while suffering from any dangerous disease or loathsome disorder shall -411. Municipal Commissioner may take special measures on outbreak of any dangerous disease.
412. Places for disposal of the dead to be registered.
413. New places for disposal of the dead not to be opened without permission of Municipal Commissioner.
- No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Municipal Commissioner who, with the approval of the Corporation, may grant or withhold such permission.414. Provisions of new places for disposal of the dead.
415. Closing of place for burial of the dead.
416. Re-opening of place for burial of the dead.
417. Burials within places of worship and exhumations not to be made without permission of Municipal Commissioner.
418. Acts prohibited in connection with disposal of dead.
- No person shall -419. State Government may extend provisions of Chapter outside limits of City.
- The State Government may, by order which shall be published in the Official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the city.420. Power to make rules.
Chapter XVI
Regulation of Markets, Slaughter-Houses, Certain Trades and Acts, Etc.
421. What to be deemed private markets and slaughter-houses.
- For the purposes of this Chapter all markets and slaughter-houses other than Corporation markets and slaughter-houses shall be deemed to be private markets and slaughterhouses.422. Municipal Commissioner's powers in respect of Corporation markets and slaughter-houses, etc.
- Subject to the provisions of this Act and the rule and bye-laws framed thereunder the Municipal Commissioner shall have the power -423. Opening of private markets and of private slaughter-houses.
424. Removal of live cattle, sheep, goats or swine from any Corporation slaughter-house, stock-yard, market or premises.
- No person shall, without the written permission of the Municipal Commissioner and without the payment of such fees as may be prescribed by him, remove any live cattle, sheep, goats or swine from any Corporation slaughter-house or stockyard or from any Corporation market or premises used or intended to be used for or in connection with such slaughter house or stockyard:Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stockyard, market or premises and which has not been within such slaughter-house, stockyard, market or premises for a period longer than that prescribed under orders made by the Municipal Commissioner in this behalf, or which has, in accordance with any bye-laws, been rejected as unfit for slaughter at such slaughter-house, market or premises.425. Power to expel persons contravening rules, bye-laws or regulations.
426. Prohibition of sale in Corporation markets without licence.
427. Prohibition of sale in unauthorized private markets.
- No person who knows that any private market has been established without the sanction of the Municipal Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Municipal Commissioner, shall sell or expose for sale therein any animal or articles of human food or any livestock or food for livestock.428. Prohibition of sale of animals, etc., except in markets.
- No person shall, without a licence from the Municipal Commissioner, sell or expose for sale429. Restriction on slaughter of animals for sale.
- No person shall without the permission of the Municipal Commissioner slaughter or cause to be slaughtered any animal for sale in the City except in a Corporation slaughter-house or a licensed private slaughter-house.430. Places for slaughter of animals not intended for sale or slaughtered for religious purpose.
- The Municipal Commissioner may, by public notice, and with the previous sanction of the Corporation, fix premises within the City in which the slaughter of animals of any particular kind not for sale or the cutting up of carcass of any such animal shall be permitted, and prohibit, except in case of necessity, such slaughter elsewhere within the City:Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.431. Powers of District Magistrate in respect of animals not slaughtered for sale.
- Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the Prescribed Authority, prohibit or regulate, by public notice the slaughter, within the limits of a City, of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to and meat shall be conveyed from, the place of slaughter.432. Prohibition of import of cattle, etc., into City without permission.
433. Municipal Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act suspected.
434. Municipal Commissioner to provide for inspection of articles exposed for sale for human food.
- It shall be the duty of the Municipal Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetable, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.435. Unwholesome articles, etc., to be seized.
436. Disposal of perishable articles seized under Section 435.
- If any meat, fish, vegetable or other article of a perishable nature be seized under Section 435 and the same is, in the opinion of the Municipal Commissioner, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Municipal Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.437. Regulation of offensive trade.
438. Certain things not to be kept, and certain trades and operations not to be carried on without Licence.
439. Butchers and persons who sell flesh of animals to be licensed.
- No person shall, without or otherwise than in conformity with the terms of a licence granted by the Municipal Commissioner in this behalf -440. Licence required for dealing in dairy produce.
- No person shall without, or otherwise than in conformity with the terms of a licence granted by the Municipal Commissioner in this behalf -441. Conditions under which architects, engineers, structural designers, surveyors, or plumbers, can carryon their respective professions in the City.
442. Licensed plumbers to be bound to execute work properly.
- No licensed plumber shall execute any work under this Act carelessly or negligently or make use of bad material, appliance or fitting for the purpose of such work.443. Executive Committee to fix fees for plumbers.
- The Executive Committee shall fix the fees or charges to be paid to licensed plumbers for any work done by them for all or any purpose under this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.444. Loitering and soliciting for immoral purpose.
- Whoever, in a street or public place within the limits of the City loiters for the purpose of prostitution or importunes a person to the commission of sexual immorality, shall be liable on conviction to a fine which may extend to fifty rupees:Provided that no court shall take cognizance of an offence under this section except on the complaint of the person importuned or on the complaint of a Corporation or a police officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the Corporation and the District Magistrate.445. Brothels, etc.
446. Begging, etc.
- Whoever, in a street or public place within the City, begs importunately for alms, or exposes or exhibits with the object of exciting charity a deformity or disease or an offensive sore or wound, shall be liable on conviction to imprisonment which may extend to one month or to a fine which may extend to fifty rupees or to both.447. Improper feeding of animals kept for dairy purposes or used for food.
- No person shall feed or allow to be fed animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances.448. Stacking, etc., of inflammable materials.
- The Municipal Commissioner may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in a place or within limits specified in the notice.449. Displacing pavements, etc.
450. Discharging fire-arms, etc.
- No one shall discharge fire-arms or let off fire-works or fire-balloons or engage in a game, in such a manner as to cause, or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property.451. General provisions regarding grant, suspension or revocation of licenses and written permissions and levy of fees, etc.
452. Licence fees, etc.
- The Municipal Commissioner may charge a fee to be fixed by bye-law for any licence, sanction or permission which he is entitled or required to grant by or under this Act.453. Power to make rules.
Chapter XVII
Vital Statistics
454. Registration of births and deaths.
- The Municipal Commissioner shall cause to be maintained a register of births and deaths in which shall be entered, in the manner prescribed, every birth or death taking place in the City.455. Power to make rules.
- The State Government may frame rules to provide for -Chapter XVIII
Compensation
456. General Power of Municipal Commissioner to pay compensation.
- In any case not otherwise expressly provided for in this Act, or in any rule or bye-law made thereunder, the Municipal Commissioner may, with the previous approval of the Executive Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or by any such rule or bye-laws in the Municipal Commissioner, or in any Corporation officer or servant.457. Compensation to the owner for value of immovable property deteriorated.
458. Principle on which and manner in which compensation should be determined.
459. Power to make rules.
Chapter XIX
Penalties
460. Certain offences punishable with fine.
461. Offences punishable under the Penal Code.
| Sections of this Act | Sections of the Indian Penal Code under whichoffenders are punishable |
| [267(3)] [Substituted by U.P. Act 23 of 1961.], 400, clauses (a), (b), (c), (d),(e) and (f) | 277 |
| 411 | 188 |
| 556 | 177 |