Bihar act 002 of 2014 : Bihar Municipal (Amendment) Act, 2013

Section 1. Short title, extent and commencement

1. Short title, extent and commencement.- (1) This Act may be called the Bihar Municipal (Amendment) Act, 2013.

(2) It shall extend to the whole of the state of Bihar.

(3) It shall come into force at once.

Section 2. Amendment of Section 2(11) of the Bihar Act, 2007

2. Amendment of Section 2(11) of the Bihar Act, 2007.- A new sub-section (11a) shall be added after sub-section (11) of section 2 of the said Act, namely:-

"(11a) Total built-up area means the carpet area that is actual usable area within the walls plus the thickness of walls and the balcony on each floor in a premise".

Section 3. Amendment of Section 2(31) of the Bihar Act 11, 2007

3. Amendment of Section 2(31) of the Bihar Act 11, 2007.- The words "Director of Local Bodies" wherever it occurs in Section 2(31) shall be substituted by "Director of Municipal Administration"

Section 4. Amendment of Section 2(101) of the Bihar Act 11, 2007

4. Amendment of Section 2(101) of the Bihar Act 11, 2007.- Definition under sub-section (101) shall be substituted by the following namely:-

"Action Taken Report" means the Report to be submitted by the Chief Municipal Officer on the action taken by the Municipality under Section 94".

Section 5. Amendment of Section 2(103) of the Bihar Act 11, 2007

5. Amendment of Section 2(103) of the Bihar Act 11, 2007.- In Section 2(103) after the word "streetlight", the word "shelter" shall be added.

Section 6. Amendment of Section 19 of the Bihar Act 11, 2007

6. Amendment of Section 19 of the Bihar Act 11, 2007.- In Section 19, after the words ‘as may be prescribed, words "by Government from time to time" shall be added.

Section 7. Amendment of Section 25 of the Bihar Act 11, 2007

7. Amendment of Section 25 of the Bihar Act 11, 2007.- In Sub-section (2) and (3) of Section 25, wherever the words "Divisional Commissioner" occurs, shall be substituted by the Word "Government"

Section 8. Amendment of Section 36 of the Bihar Act 11, 2007

8. Amendment of Section 36 of the Bihar Act 11, 2007.- A new proviso under sub-section (4) of Section 36 shall be added namely:

"The method of, and the qualifications required for, recruitment, and the terms and conditions of service including conduct, discipline and control of officers and other employees referred to in sub-section (1) of section 36 shall be such as may be prescribed under Rules."

Section 9. Amendment of Section 40 of the Bihar Act 11, 2007

9. Amendment of Section 40 of the Bihar Act 11, 2007.- After Section 40 of the said Act, a new Section 40A shall be added namely:-

"40A The State Government may make provisions by framing Service Rules for different categories of officers and other employees of the Municipality for recruitment, service conditions, posting, transfer, promotion, disciplinary action and other related aspects of municipal service and municipal personnel management."

Section 10. Amendment of Section 45 of the Bihar Act 11, 2007

10. Amendment of Section 45 of the Bihar Act 11, 2007.- In Section 45 the said Act-

(i) in sub-section (1)(a)(iv) the word "economic" shall be inserted after the words "preparation of plans for"

(ii) after sub-section (1)(a)(x) following new clause (XI) shall be added namely: "(xi) Provision of basic services for urban poor and urban poverty alleviation".

Section 11. Amendment of Section 46 of the Bihar Act 11, 2007

11. Amendment of Section 46 of the Bihar Act 11, 2007.- In Section 46 of the said Act after the words "arrangements for fire prevention and fire safety" the words "economic empowerment of urban poor, creation of livelihood opportunities" shall be added:

Section 12. Amendment of Section 82 of the Bihar Act 11, 2007

12. Amendment of Section 82 of the Bihar Act 11, 2007.- In Section 82, after sub-section (7) the following new sub-sections shall be added namely:

"(8) The budget estimate shall earmark a minimum of 25% of financial resources towards provision of basic services to urban poor;

(9) The budget estimate shall be prepared on cash basis showing no deficit i.e. opening balances plus all receipts less all expenditures must not result in negative cash balances." and existing sub-section (8) shall be re-numbered as sub-section (10)"

Section 13. Amendment of Section 88 of the Bihar Act 11, 2007

13. Amendment of Section 88 of the Bihar Act 11, 2007.- In section 88 of the said Act-The words "a Funds Flow Statement" shall be substituted by the words "a Cash Flow Statement." and the words "Receipt and Expenditure" shall be substituted by the words "Receipt and Payment."

Section 14. Amendment of Section 91 of the Bihar Act 11, 2007

14. Amendment of Section 91 of the Bihar Act 11, 2007.- In section 91 of the said Act-(i) In sub-section-(2) of section 91 of the Act the words "Examiner of Local Accounts" shall be substituted by the words "Comptroller and Auditor General (C & AG)".

(ii) After sub-section (2)-Sub-section-(2a) shall be inserted, namely-

"The Comptroller & Auditor General of India shall provide Technical Guidance and Supervision (TGS) over the proper maintenance of accounts and audit thereof of Urban Local Bodies."

(iii) In sub-section-(3) the words "Examiner of Local Accounts" shall be substituted by the words "Comptroller and Auditor General (C & AG)".

(iv) In sub-section-(6) the words "Examiner of Local Accounts" shall be substituted by the words "Comptroller and Auditor General (C & AG)".

Section 15. Amendment of Section 92 of the Bihar Act 11, 2007

15. Amendment of Section 92 of the Bihar Act 11, 2007.- In section 92 of the said Act in sub-section-(1) the words "Examiner of Local Accounts" shall be substituted by the words "Comptroller and Auditor General (C & AG)".

Section 16. Amendment of Section 93 of the Bihar Act 11, 2007

16. Amendment of Section 93 of the Bihar Act 11, 2007.- In section 93 of the said Act in sub-section-(1) of Section 93 "Examiner of Local Accounts" shall be substituted by the words "Comptroller & Auditor General (C & AG)".

Section 17. Amendment of Section 94 of the Bihar Act 11, 2007

17. Amendment of Section 94 of the Bihar Act 11, 2007.- In section 94 of the said Act in section 94 of the Act the words "Examiner of Local Accounts" shall be substituted by the words "Comptroller & Auditor General (C & AG)".

Section 18. Amendment of Section 98 of the Bihar Act 11, 2007

18. Amendment of Section 98 of the Bihar Act 11, 2007.- In section 98 of the said Act-

(i) in sub-section 98(6)(cc) the words and number "section 90" shall be substituted by the words and number "Section 92"

(ii) in sub-section 98(6)(d) the words and number "section 94" shall be substituted by the words and number "Section 96"

Section 19. Amendment of Section 104 of the Bihar Act 11, 2007

19. Amendment of Section 104 of the Bihar Act 11, 2007.- In the said Act-

(1) Clause (a) of section 104 of the Bihar Municipal Act, 2007 shall be substituted by the following:

"(a) The Empowered Standing Committee may sell and transfer or otherwise dispose of any immovable property belonging to the Municipality by following the procedure to be prescribed under the Rules."

(2) A new clause (aa) shall be added to section 104 of the Act namely:

"(aa) The Empowered Standing Committee may let out, rent, hire, lease, allot or go for settlement of any immovable property belonging to the Municipality by following the procedure to be prescribed under the Rules."

Section 20. Amendment of Section 105 of the Bihar Act 11, 2007

20. Amendment of Section 105 of the Bihar Act 11, 2007.- In the said Act the words "The Empowered Standing Committee" in the beginning of sub-section-(1) of Section 105 shall be substituted by the words "The Chief Municipal Officer"

Section 21. Amendment of Section 127(6) of the Bihar Act 11, 2007

21. Amendment of Section 127(6) of the Bihar Act 11, 2007.- In the said Act in Section 127(6) shall be substituted by the following provision:

"For the purpose of calculation of Annual Rental Value of holdings, measurement of total built-up area shall be calculated as under:

(i) Individual Residential Property: 70% of total built up area;

(ii) Individual Non-Residential Property: 80% of total built-up area

(iii) Individual Residential Multistory buildings/apartments: 70% of total built-up area

(iv) Individual Non-Residential Multistory buildings/apartments: 80% of total built up area."

Section 22. Amendment of Section 127(7)(iii) of the Bihar Act 11, 2007

22. Amendment of Section 127(7)(iii) of the Bihar Act 11, 2007.- In the said Act in Section 127(7)(iii) of the Bihar Municipal Act, 2007 shall be substituted by the following as under"

"The rental value per sq. ft. of the built-up area for different classes of holdings shall be increased by minimum 15% every 5 years. The municipality may also increase the rental value and rates at any time during the five year period with the prior approval of the government"

Section 23. Amendment of Section 127(8) of the Bihar Act 11, 2007

23. Amendment of Section 127(8) of the Bihar Act 11, 2007.- In the said Act in Sub-section (8) of Section 127 shall be substituted by the following:-

(8). "Property Tax shall be levied by the Municipality within a minimum of 9 percent and a maximum of 15 percent of the annual rental value of lands and buildings determined under sub-section (7) of Section 127."

"Provided that no Municipality shall levy the tax at a rate less than the minimum as provided for in Section 127 of this Act.

Provided also that no Municipality shall reduce the rate of tax already in use between the minimum and the maximum provided for under sub-section (8) of section 127, without prior approval of the State Government."

Section 24. Amendment of Section 127(8)(v) of the Bihar Act 11, 2007

24. Amendment of Section 127(8)(v) of the Bihar Act 11, 2007.- In the said Act a "proviso" shall be added in Section 127(8)(v) as follows namely:-

Provided that no such Tax shall be levied within two years from the date of acquisition of land by the owner.

Section 25. Amendment of Section 128 of the Bihar Act, 11, 2007

25. Amendment of Section 128 of the Bihar Act, 11, 2007.- In the said Act second "proviso to section 128 shall be substituted by the following-

"Provided that the government may direct the Municipality to levy user charges if not levied or postponed by the Municipality."

Section 26. Amendment of Section 158 of the Bihar Act 11, 2007

26. Amendment of Section 158 of the Bihar Act 11, 2007.- A new section 158A shall be added after section 158 of the said Act namely:

"158A Any property that has adopted a sustainable technique of rain water harvesting approved by the government may be given relief of five percent of the total Property Tax."

Section 27. Amendment of Section 228(2) of the Bihar Act 11, 2007

27. Amendment of Section 228(2) of the Bihar Act 11, 2007.- Section 228(2) of the said Act shall be substituted by the following namely:-

"(2) Such spot fines may be collected by officers, not below the rank of a sanitary inspector and/or any agency duly authorized by the Municipality."

Section 28. Amendment of Section 286 of the Bihar Act 11, 2007

28. Amendment of Section 286 of the Bihar Act 11, 2007.- Section 286 of the said Act shall be substituted by the following namely:-

"286-Notification or de-annulment of slums-"The Municipality shall declare an area as slum having habitation which meets the definition of slum given in Section 2(109) and shall notify, de-notify, define the external limits of any slum and may, from time to time, alter such limits by taking into account norms that may be prescribed by the government in this regard under Rules".

Provided that no slum shall be de-notified until it is provided basic essential services and prior approval of the Government is obtained to de-notify the same.

Provided also that irrespective of whether a slum is notified or not, basic municipal service shall be provided in all slums as defined Section in 2(109) of this Act."

Section 29. Amendment of Section 287 of the Bihar Act 11, 2007

29. Amendment of Section 287 of the Bihar Act 11, 2007.- In Section 287 of the said Act

(i) The title of this Section shall to be substituted by the following:

Slum up-gradation and provision of basic services for the urban poor

(ii) In Section 287 before the words "prepare such improvement schemes" words "in consultation with the slum dwellers" shall be added.

"in consultation with the slum dwellers"

(iii) In Section 287 after the words "general improvement of slums" new words shall be added as under:

"Irrespective of tenure status of the lands occupied by the slum dwellers"

(iv) The word "scheme" wherever appearing shall be substituted by the word "plan".

Section 30. Amendment of Section 296 of the Bihar Act 11, 2007

30. Amendment of Section 296 of the Bihar Act 11, 2007.- In section 296 of the said Act-

(i) Explanation of sub-section (1) shall be substituted by the following namely:-

"In this section, the expression, "unique premises number" shall mean a number consisting of alphabets and numbers assigned to the premises or part thereof by the Municipality in the following manner, namely:-

(a) the first two alphabets indicating the zone of the town in which the town shall be divided;

(b) the next three digits indicating each sector in the zone;

(c) the next four digits indicating the premises number;

(d) the next one digit indicating if the property is partitioned or more than one premises is merged together;

(e) in cases of merger of more than one premise or fragmentation of premise due to partition, new number shall be assigned to the premises and the new number so assigned to such premises shall be entered in the register and maintained for record.

(ii) In sub-section (2) of section 296, the words "any ward of" appearing after the words "in respect of premises in" shall be deleted.

(iii) In sub-section (3) of section 296, the words "in any ward" appearing after the words "in respect of premises" shall be deleted.

(iv) New sub-section (4) shall be added to this section after sub-section (3):-

(4) Detailed scheme of assigning the Unique Premises Number shall be provided for in the Rules to be framed by the Government. The Government if required may also change the numbering scheme as described in sub-section (1)."

Section 31. Amendment of Section 314 of the Bihar Act 11, 2007

31. Amendment of Section 314 of the Bihar Act 11, 2007.- (1) In Section 314 of the said Act, the words "by a certified Architect registered under Architects Act, 1972" appearing after the words "the building plan is approved" shall be substituted by the following:

"By a competent authority to be designated under Rules and Bye Laws to be framed by the Government".

(2) The second Proviso to Section 314 shall be substituted by the following,-

"Provided further that in case the building plan is in contravention or deviation of the building bye-law, in addition to any other action that may be taken under this Act, the registered architect, the builder and the approving authority shall be liable to be prosecuted and shall be liable to pay fine of Rupees fifty thousand or sentence to imprisonment for a period which may extend to one year or both."

Section 32. Amendment of Section 315 of the Bihar Act 11, 2007

32. Amendment of Section 315 of the Bihar Act 11, 2007.- In section 315, of the said Act, the words "registered Architect" shall be substituted by the words "competent authority."

Section 33. Amendment of Section 316 of the Bihar Act 11, 2007

33. Amendment of Section 316 of the Bihar Act 11, 2007.- (1) In section 316 of the Bihar Municipal Act, 2007, the sub-title of this section "Building plan approved by registered Architect to be submitted to Chief Municipal Officer" shall be substituted by the following:

"Building plan prepared by registered Architect to be submitted to the competent authority."

(2) In sub-section (1) of section 316 of the Bihar municipal Act, 2007, the words "who approves" shall be substituted by the words "who prepares."

(3) Sub-section (2) of section 316 of the Bihar Municipal Act shall be substituted as under:

"On receipt of the building construction plan prepared by a registered Architect, the competent authority may enquire and verify and satisfy himself that the building construction plan conforms to building bye law and other parameters required under this Act or Rules or Bye Law and approve."

Section 34. Amendment of Section 317 of the Bihar Act 11, 2007

34. Amendment of Section 317 of the Bihar Act 11, 2007.- In the said Act section 317 shall be substituted by the following:

"317 If Chief Municipal Officer or the competent authority, on such inquiry or verification, finds that the building or structure of permanent nature is in contravention, breach or deviation of building bye-law or other parameters under this Act, he shall immediately stop construction work and proceed to take action against owner, occupier or any person responsible for construction of such building in contravention, breach or deviation of building bye-law and other parameter and shall also proceed to take action against the registered Architect, who prepared and recommended such building construction plan;

Provided that if however the building or structure of permanent pnature has been constructed or commence to construct after dully approved building construction plan, is found to have deviated from approved construction plan within permitted level deviation, the Chief Municipal Officer or the competent authority shall not order for its demolition;

Provided further Chief Municipal Officer or competent authority shall proceed to realize such fine or penalty as is prescribed under this Act or Rule, Regulation or building bye-laws as the case may be;

Provided further also that deviation within permitted level shall not be a ground to prosecute the registered Architect who prepared and recommended the building construction plan."

Section 35. Amendment of Section 318 of the Bihar Act 11, 2007

35. Amendment of Section 318 of the Bihar Act 11, 2007.- In Section 318 of the said Act-

(i) Sub-section (1) the word "approved" shall be substituted by the words "prepared and recommended"

(ii) In sub-section (2) the word "submitted" shall be substituted by the words "prepared and recommended"

Section 36. Amendment of Section 322 of the Bihar Act 11, 2007

36. Amendment of Section 322 of the Bihar Act 11, 2007.- Second proviso to section 322 of the said Act shall be substituted by the following, namely:-

"Provided further that six months after commencement of this Act, only such architects shall be entitled to prepare Building Construction Plan whose name is registered in the register of Architects of the Municipality."

Section 37. Amendment of Section 329 of the Bihar Act 11, 2007

37. Amendment of Section 329 of the Bihar Act 11, 2007.- (1) Section 329 of the said Act shall be substituted following, namely:-

"329 The State Government may appoint one or more Municipal Building Tribunals (hereinafter referred to in this section as the Tribunal) as may be considered necessary to hear and decide appeals arising out of sanctioning of building plans by the Municipality in accordance with such procedure, and to realize such fees in connection of with such appeals, as may be prescribed by the Government."

By order of the Governor of Bihar,

Ujjawal Kumar Dubey,

Joint Secretary to Government.