(1) This Act may be called the Jammu and Kashmir Municipal Act, 2000.
In this Act, unless there is anything repugnant in the subject or context,––
1[2A. Substitution of expression.–– For the words “annual value” or “rateable value” wherever occurring in this Act, the words “taxable annual value” shall be substituted.]
(1) There shall be constituted three classes of urban areas constituting two sets of Municipalities and one Municipal Corporation in accordance with the provisions of this section as specified below:––
(1) The Government may, by notification, propose any local area to be a municipal area under this Act.
(1) The Government may, by notification, and in such other manner as it may determine, declare its intention to include within a municipal area any local area in the vicinity of the same and specified in the notification.
The Government may, by notification and in such other manner as it may deem fit, declare its intention to exclude from a municipal area any local area comprised therein and specified in the notification.
(1) Any inhabitant of a municipal area or local area in respect of which a notification has been published under section 6 may, if he objects to the exclusion proposed, submit his objection in writing through the Deputy Commissioner to the Government within six weeks from the publication of the notification and the Government shall take his objection into consideration.
When a local area is excluded from a municipal area under section 7––
(1) The Government may, by notification, abolish any municipal area, declared under section 4.
(1) The municipalities constituted under section 3 shall consist of such number of elected members not less than seven as may be determined by the Government, by adopting the criterion that in the municipal area having population of:––
Should the prescribed authority so feel expedient and necessary, any unrepresented section of the society shall be considered for nomination by it, which shall not exceed in aggregate by not more than five Councillors in addition to 75 seats.
1[11-A. Reservation of seats for certain categories. ––(1) Seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in every Municipality in proportion to the total population of the Scheduled Castes and Scheduled Tribes in the Municipal Area and such seats may be allotted by rotation to different constituencies in a Municipality.
(1) The Government may, by general or special order reserve such number of offices of Chairperson, for persons belonging to Scheduled Castes, Scheduled Tribes and Backward Classes in the Municipal Committee/Municipal Council as the case may be not exceeding the proportion to the total number of offices to be filled by direct election in the municipalities as urban population of the persons belonging to these classes in the 1[Union territory of Jammu and Kashmir] bears to the total population and may further reserve one-third of the total seats reserved under this sub-section for women belonging to these classes.
(1) The term of office of elected members shall be five years from the date appointed for the first meeting of the municipality.
(1) Every municipality unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer : Provided that a municipality shall be given a reasonable opportunity of being heard before its dissolution.
(1) A member of a municipality may resign by tendering his resignation in writing to the President who shall place the same before the municipality for its acceptance, unless withdrawn within fifteen days from the date of tendering the resignation.
1[15A. Qualification.–– A person shall not be qualified for being chosen as, and for being, a member of a municipality, unless––
(1) A person shall be disqualified for being chosen as and for being an office bearer of a municipality,––
If a person who is chosen as a member of a municipality becomes a Member of the House of the People, the Council of States, *[the State Legislative Assembly or the State Legislative Council] or the Councillor of the Municipal Corporation or is or becomes an office bearer of a Panchayat then at the expiration of a period of fifteen days from the date of publication of the election result or as the case may be within fifteen days from the date of the commencement of term of office of a Member of the House of People, the Council of States or *[the State Legislative Assembly or the State Legislative Council] or the Councillor of Municipal Corporation or the office bearer of a Panchayat his seat in a municipality shall become vacant unless he has previously resigned his seat in the House of People, the Council of States, *[the State Legislative Assembly or the State Legislative Council] or the Municipal Corporation or the Panchayat, as the case may be.
(1) The Government may, in consultation with the Chief Electoral Officer and by notification, remove any member of a municipality,––
1[18-A. Disqualification on ground of defection. ––(1) A member of a Municipality belonging to any political party shall be disqualified for being a member of the Municipality––
(1) A member of a Municipality shall not be disqualified under subsection (1) of section 18-A where his original political party merges with another political party and he claims that he and any other member of his original political party,––
1[18-BB. Disqualification on the ground of defection not to apply in case of split. ––(1) A member of a Municipality shall not be disqualified under sub-section (1) of section 18-A where he and any other member of his original political party constitute the group representing a faction which has arisen as a result of split in his original political party and from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-section (1) of section 18-A and to be his original political party for the purposes of this sub-section.
If any question arises as to whether a member of a Municipality has become subject to disqualification, the question shall be referred for the decision of the Chief Electoral Officer by any other member of the Municipality.
(1) Any person aggrieved of any decision of the Chief Electoral Officer, may prefer an appeal to the Special Tribunal constituted under the Jammu and Kashmir Special Tribunal Act, 1988.
Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no Court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a Municipality under section 18-A].
(l) Whenever a vacancy occurs by the death, resignation or removal, or by the vacation of seat, under the provisions of sub-section (3) of section 13, of any member, the vacancy shall be filled within six months of the occurrence of such vacancy in accordance with the provisions of this Act and the rules made thereunder.
Every municipality shall be a body corporate to be known by the name of Municipal Council or the Municipal Committee of its municipal area and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or the rules made thereunder, to transfer any property, held by it, to contract and to do all other things necessary for the purpose of its constitution, and may sue and be sued in its corporate name.
Every member of the municipality and every person employed by the municipality, whether for the whole or part of his time, shall be deemed to be a public servant within the meaning of section 21 of 1[the Indian Penal Code, (45 of 1860)].
Every Municipal Committee or Municipal Council 1[shall elect 2[x x x x] one of its elected members to be the President and another to be the Vice-President, and the member so elected shall become President or the Vice-President, as the case may be, of the Municipal Committee or a Municipal Council :
(1) The term of office of President or Vice-President shall be five years or the residue of the term of his office as a member, whichever is less.
(1) The President may, by writing under his hand addressed to the Vice-President, resign his office.
(1) A motion of no confidence against the President or Vice-President, may be made in accordance with the procedure laid down in the rules.
The Government may, at any time, by notification, remove a President or Vice-President from his office on the ground of abuse of his powers or of habitual failure to perform his duties :
(1) Every election or nomination of a member and election of President and Vice-President of a Municipal Committee or Municipal Council shall be notified in the Government Gazette and no member shall enter upon his duties until his election or nomination has been so notified and until, he has made or subscribed at a meeting of the Municipal Committee or Municipal Council, an oath or affirmation of his allegiance to the Constitution of India in the following form, namely:––
(1) Every election or nomination of a member at such time as may be from time to time, be fixed by the bye-laws.
(1) Every meeting of municipality shall be either ordinary or special.
(1) The quorum necessary for the transaction of business at a special meeting of a municipality shall be one-half of the number of sitting members of the municipality.
At every meeting of a municipality the President, or, in his absence or during the vacancy of his office, the Vice-President and if there be no President or Vice-President, then such one of the members, as the members present may elect, shall preside.
Except as otherwise provided by this Act or the rules, all questions which come before any meeting of a municipality shall be decided by a majority of the votes of the members present, and in case of an equality of votes the Chairman of the meeting shall have a second or casting vote.
(1) Minutes of the proceedings at each meeting of a municipality shall be drawn up and recorded in a book to be kept for the purpose, which shall be signed by the Chairman of the meeting or of the next ensuing meeting.
1[33A. Constitution of Ward Committees. ––(1) There shall be constituted a Ward Committee for each Ward of the Municipality within a period of six months from the date appointed for its first meeting referred to in sub-section (1) of section 27 :
(1) Each ward in a municipality shall be divided into areas in such a manner that each such area shall, as far as possible, comprise of not less than five hundred and not more than one thousand people.
The Government may, for all or any of the municipality, provide by bye-laws consistent with this Act and with the rules for––
(1) The Government may by notification appoint a Director, and subject to such conditions and restrictions as it may deem fit, may invest him with all or any of the powers conferred on the Government by this Act.
(1) The Government may, by notification delegate all or any of its powers under this Act, except the powers to prescribe forms or make rules under section 280 to any officer subordinate to it.
(1) On the occurrence or threatened occurrence of any event involving or likely to involve extensive damage to property or danger to human life or grave inconvenience to the public, the President or in the absence of the President or during the vacancy of his office, a Vice-President or in any emergency necessitating immediate action before the matter can be considered by the municipality, the Executive Officer may direct the execution of any such work or the doing of any such act which the municipality is empowered to execute or do, as the emergency shall in his opinion justify or require, and may direct that the expenses of executing such work or doing such act be paid from the municipal fund :
A municipality may concur with any other municipality or with any Block Development Council, or with any Halqa Panchayat, or with any cantonment authority, or with more than one such municipality, Block Development Council, Halqa Panchayat or authority in appointing out of their respective bodies a joint committee for purposes in which they are jointly interested and in delegating to any such joint committee any power which might be exercised by either or any of the municipalities, Block Development Councils, Halqa Panchayats or authorities concerned, and in framing or modifying regulations as to the proceedings of any such joint committee, and as to the conduct of corresponding thereto.
(1) Notwithstanding anything contained in this Act but subject to any general or special order of the Government, where two-thirds of the total members of a municipality have been elected, the municipality shall be deemed to have been constituted under this Act.
A municipality may, subject to the rules and provisions of section 41, delegate to one or more of its members the powers of entering on its behalf into any particular contract or into any class of such contracts.
(1) Every contract made by or on behalf of the municipality shall be in writing and must be signed by two members, of whom the President or Vice-President shall be one, and also the Executive Officer or the Secretary of the Municipality, as the case may be.
(1) If any member or employee of a municipality or of a joint committee, without the previous permission in writing of the Deputy Commissioner voluntarily renders himself interested in any contract made with that municipality or joint committee, under section 38 or if within one month of his becoming interested in any such contract he neither resigns nor obtains the permission in writing of the Deputy Commissioner for his remaining a member or employee of the municipality or joint committee inspite of his interest in such contract, he shall be punishable for an offence under 1[the Indian Penal Code, (45 of 1860)].
No suit shall be instituted against a municipality, or against any employee of a municipality, in respect of any act purporting to be done in its or his official capacity, until the expiration of one month next after notice in writing has been, in the case of a municipality, delivered or left at his office, and in the case of an employee, delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff ; and the plaint must contain a statement that such notice has been so delivered or left.
No civil court shall grant any temporary injunction or make any interim order––
No suit, prosecution or other legal proceedings shall lie against any municipality or against any employee of a committee or against any person acting under and in accordance with the directions of any such municipality or employee or of a lawful authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act, rules and byelaws.
(1) Every member, officer of the municipality shall be liable for the loss, waste or misappropriation of any money or other property belonging to a municipality, if such loss, waste is reported by the Comptroller and Auditor General of India or other audit authority empowered by the Government in this behalf to be a direct consequence of his neglect or misconduct in the performance of his duty while a member, officer or official of the municipality, and he may after being given an opportunity, by notice served in the manner provided for the service of summons in 1[the Code of Civil Procedure, 1908 (5 of 1908)] to show cause by written or oral representation why he should not be required to make good the loss, be surcharged with the value of such property or the amount of such money by the Director and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Director, shall proceed forthwith to recover the amount as if it were an arrear of land revenue and have it credited to the municipal fund.
(1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder, the municipal administration of a local area of any municipality shall vest in the Municipal Council and a Municipal Committee respectively.
(1) Without prejudice to the generality of the provisions of sub-section (1) of section 47, the Government may by notification endow the municipalities with such powers and authorities as may be necessary from time to time to enable them to function as institutions of Local Self Government, subject to such conditions as may be specified therein, with respect to,––
(1) The municipality shall have the following Standing Committees:––
(l) The General Standing Committee shall perform functions relating to the establishment matters, general policy matters and all other residuary matters which are not covered under the domain and ambit of other Committees.
(1) The municipalities may frame bye-laws relating to election of members of standing committees, conduct of business therein, and all other matters relating thereto.
There shall be formed for each municipality a municipal fund, and this shall be placed to the credit thereof___
1[52-A. Constitution of Basic Services Fund. ––(1) There shall be a separate fund called the ‘Basic Services to the Urban Poor Fund’ constituted by every Municipality for delivery of basic services to the urban poor including the inhabitants of slum areas.
(1) The municipality shall set apart and apply out of the municipal fund––
The allowances payable to the members of the municipalities and their committees, under this Act shall be paid out of the municipal fund constituted under section 52.
(1) In a place where there is a Government treasury or sub-treasury or a nationalised bank or a co-operative bank, a scheduled bank as defined in section 2 of the Reserve Bank of India Act, 1934 or a bank to which the Government treasury business has been made over, or a post office, the municipal fund shall be kept in any such treasury, sub-treasury, nationalised bank, co-operative bank, scheduled bank or bank or post office.
It shall be lawful for the municipality to deposit at interest in any of the co-operative bank or scheduled banks as defined in section 2 of the Reserve Bank of India Act, 1934, or in a post office, any surplus funds which may not be required for current charges and to invest such funds in the securities of the Central Government and such other public securities as the Government may specify in this behalf.
(1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the municipal area, shall vest in and be under the control of the municipality and with all other property which has already vested in the municipality shall be held and applied by it for the purpose of this Act, that is to say––
(1) The municipality shall maintain an inventory and a map of all immovable property of which the municipality is proprietor, or which vests in it or which it holds in trust for the Government.
Every municipality shall cause to be erected and set up and thereafter maintain substantial boundary marks defining the limits or the altered limits of the municipal area subject to its authority as set out in the notification issued under section 4.
(1) The management, control and administration of every public institution maintained out of the municipal fund shall vest in the municipality.
When any land, whether within or outside the limits of municipal area is required for the purposes of this Act, the Government may, at the request of the municipality proceed to acquire it under the provisions of 1[the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement, Act 2013 (30 of 2013)] and on the payment by municipality of the compensation awarded under that Act, and of any other charges incurred in acquiring the land, the land shall vest in the municipality.
The municipality may, with the sanction of the Government, transfer to the Government any property vesting in the municipality under section 57 or section 60 but not so as to affect any trust or public rights subject to which the property is held.
1[62-A. Reservation of Land for Housing to Economically Weaker Sections and Low Income Groups. ––(1) In all Area Planning Schemes such as a Town Planning or Land Re-adjustment Scheme, there shall be reservation of not less than ten per cent of the gross land area under each scheme for the purpose of providing housing accommodation to the members of economically weaker sections and low income groups.
(1) A Government Department or agency of the Government, as may be prescribed, shall maintain an inventory of all the plots or houses as the case may be, reserved for the economically weaker sections and the low income groups and ensure its protection from encroachment.
Every developer who makes provision for earmarking of land or floor area, as the case may be, for economically weaker sections and low income groups housing, shall be incentivized through a scheme of cross-subsidization, which shall be such, as may be prescribed by the Government including land use concessions through conversion of part of residential use for commercial use, higher floor space index, Transferable Development Right, etc. and/or higher prices charged from Higher Income Groups.
The Government shall consider levy of suitable fee like Impact fee on all non-residential land development and buildings above 1000 square meters to generate resources for the shelter fund which may be used for provision of land, housing basic service, etc. to the urban poor.
The Shelter Fee collected shall be maintained in a separate account and be utilized as per guidelines for the acquisition of land, development of land and construction of houses and in such other ways so as to provide for housing to economically weaker sections and low income groups].
(1) Whenever the Government is satisfied that the municipality has neglected to perform its duties in respect of maintenance or construction of water works, sewerage works or roads and that it is in public interest to take over the management of such water works, sewerage works or roads for a period not exceeding ten years, it may, after giving the municipality a reasonable opportunity of showing cause against the proposed action, make an order to take over the management of water works, sewerage works or roads, as the case may be.
(1) The Finance Commission when constituted by the Government shall review the financial position of the municipalities and make recommendations to the Government as to––
(1) For the purpose of this Act and subject to the provisions thereof every municipality shall impose the following taxes, namely:––
(1) Subject to any general or special orders of the Government in this behalf and to the rules, a municipality may, from time to time, for the purposes of this Act, impose in the whole or any part of the municipality any of the following taxes, tolls and fees, namely:––
Nothing contained in sections 65 and 66 shall authorise a municipality to levy any tax, toll or fee which the 1[State Legislature] has no power to impose in the 2[Union territory of Jammu and Kashmir] under the Constitution of Jammu and Kashmir :
(1) A municipality, at a special meeting, shall pass a resolution, within a period of thirty days from the date of publication of notification under section 65, directing the imposition of 1[fee] with effect from the date to be fixed in the resolution and if the municipality fails to pass such a resolution within the aforesaid period, the resolution in this behalf shall be deemed to have been passed by the municipality on the expiry of the period of said thirty days.
(1) The 1[fee] on consumption of electricity referred to in clause (viii) of sub-section (1) of section 66 shall be collected by the Power Development Department or by any other person, as the case may be, supplying electricity for consumption in municipal limits and paid to the municipality concerned :
(1) A municipality may, at a special meeting, pass a resolution to propose the imposition of any 1[tax or fee] under section 66.
(1) The Government may, by special or general order notified in the *[Government Gazette], require a municipality to impose any 1[fee], mentioned in section 66 not already imposed, at such rate and within such period as may be specified in the notification and the municipality shall thereupon act accordingly.
1[71A. Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees. ––(1) The Government may, by notification, make such interim arrangements for the assessment and collection of one or more of the taxes and fees levied in terms of any of the provisions of this Chapter as may be deemed necessary or expedient, and the provisions of this Chapter in so far as they relate to the assessment and collection of any such tax or fee shall stand modified to the extent and in the manner given in the notification during the period such interim arrangements remain in force.
1[72. Description and class of property tax. ––(1) Unless exempted under this Act or any other law for the time being in force, property tax shall be levied on all lands and buildings or vacant lands or both situated within the municipal area.
(1) Subject to the provisions of section 68 and rules, if any, made by the Government in this behalf, the taxable annual value of land and building or vacant land assessable to taxes under this Act shall be calculated by multiplying the corresponding unit area value with the total built-up area of a building or the total area of land, as the case may be, minus depreciation, at such rates as may be prescribed, depending on the age of the building :
(1) The property tax shall be primarily leviable and payable as follows:––
(1) Every person shall, on the demand of any officer duly authorised by the municipality in this behalf, furnish such information as may be necessary in order to ascertain––
The entries in the assessment list prepared under section 16, and the unit area value determined under section 18, of the Jammu and Kashmir Property Tax Board Act, 2013 shall be accepted as conclusive evidence for the purposes of assessing any tax levied under this Act and taxable annual value of land and building or vacant land or both to which such entries or determination respectively relate.
No assessment and no charge or demand of any tax made under this Act shall be called in question on the ground, or be affected by reason, of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax, or of any mistake in the amount of assessment or tax, or of any clerical error or other defect of form; and it shall be enough in respect of any such tax on property if the property taxed or assessed is so described as to be generally known; and it shall not be necessary to name the owner or occupier thereof.
(1) Whenever the title to or over any building or land of any person primarily liable for the payment of property tax on such property is transferred, the transferee and the transferor shall within three months, of the registration of the deed of transfer if it be registered, or of its execution if it be not registered, or of the actual transfer if no instrument is executed, give notice in writing of such transfer to the municipality.
When any new building is erected, or any existing building is reconstructed or altered or improved, or when any building which has been vacant is re-occupied, the person primarily liable to pay tax under this Act shall give notice thereof in writing to the Executive Officer within fifteen days from the date of its completion or occupation, whichever first occurs or as the case may be, from the date of its alteration, improvement or re-occupation and the tax shall be assessable on the building from the said date.
(1) When any building or any portion thereof, which is liable to tax under this Act, is demolished or removed, otherwise than by or under an order of the Executive Officer, the person primarily liable for the payment of the tax shall give notice thereof in writing to the Executive Officer.
1[81. Omitted.]
1[82. Power of Government to exempt payment of taxes. ––(1) The Government may, by order exempt, in whole or in part, from the payment of any tax payable under this Act by any person or class of persons or in respect of any property or description of property.
Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings or vacant lands or both being properties of Union of India shall be exempted from the taxes :
1[84. Omitted].
1[85. Omitted].
(1) When any sum is due on account of a 1[fee] payable under this Act in respect of any property by the owner thereof, the municipality shall cause a bill for the amount, stating the property and the period for which the charge is made to be delivered to the person liable to pay the same.
(1) Any arrears of any tax, water-rate, rent, fee or any other money claimable by a municipality under this Act may be recovered on application to a magistrate having jurisdiction within the limits of the municipality, or in any other place where the person from whom the money is claimable may for the time being be resident, by the distress and the sale of 1[any moveable property including any sum of money due or likely to become due to such defaulter from any person or entity including a bank, a Department of the Government, or any other entity by whatever name called] within the limits of his jurisdiction belonging to such person. The cost of such proceedings shall be recoverable from the defaulter in the same manner as the said arrears.
1[88. Omitted].
1[89. Taxes on lands and buildings as first charge.–– Taxes due under this Act in respect of any land and building or vacant land or both shall, subject to the prior payment of the land revenue if any due to the Government, be a first charge thereon.
(1) An appeal against––
(1) No appeal shall lie under section 90 unless it is preferred within one month after the order appealed against is made or in respect of any tax within one month from the time when the demand for the tax is made :
Any person aggrieved by an order passed in appeal under section 90 may within thirty days of the passing of such order prefer an application before the Special Tribunal for revision against the said order and the Tribunal may confirm, alter or rescind the said order :
1[93. Omitted].
(1) If the Government is of the opinion that the police force is required by a municipality on whole time basis for a specified period exceeding one month for carrying out the purposes of this Act, it may, on an application made by the municipality through the Deputy Commissioner, in this behalf, provide such police force.
(1) Every member of police force under this Act shall give immediate information to the municipality of any offence committed against this Act or the rules or bye-laws, and shall be bound to assist all members, and employees of the municipality in the exercise of their lawful authority.
When special police protection is, in the opinion of the Government, required on the occasion of any fair, agricultural show or industrial exhibition, managed by a municipality, or for the purpose of guarding houses evacuated on account of plague, the Government may provide such protection and the municipality shall pay the whole charge thereof or a such portion of such charge as the Government may consider equitably payable by it.
For the prevention and extinction of fire, the municipality may and, if the Government so directs, shall, establish and maintain a fire-brigade, and provide implements, machinery or means of a communicating intelligence for the efficient discharge of their duties by the brigade.
(1) On the occasion of a fire in a municipal area any Executive Magistrate of the area, or the Executive Officer or any member of municipality, or any member of a fire brigade maintained by the municipality, then and there directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector, may,––
The power conferred by the last foregoing section shall be subject to such rules and regulations, as may be framed by the Government under any law for the time being in force.
(1) The municipality may, and when the Government so directs shall, provide the area under the control or any part thereof with a supply of wholesome water sufficient for public and domestic purposes.
(1) The municipality may, on application by the owner of any building, arrange for supplying water from the nearest main to the same for domestic purposes in such quantities as it deem reasonable, and may at any time limit the quantity of water to be so supplied whenever it considers it necessary.
(1) The municipality may supply water for any purpose other than a domestic purpose, on receiving a written application specifying the purpose for which such supply is required and the quantity likely to be consumed :
(1) Where an application under section 101 or section 102 has been received, all necessary communication pipes, fittings shall be supplied by the municipality and the work of laying and applying such communication pipes and fittings, shall be executed by municipal agency under the municipality’s order ; but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The municipality may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve.
Any owner or occupier of any building or land in which water supplied under this Act is misused from negligence or other circumstances under his control, or used without permission in excess of the quantity fixed under section 101 or section 102, or in which the pipes, mains, or other works are out of repair to such an extent as to cause waste of water, shall if he has knowledge thereof, be bound to give notice of the same to such officer as the municipality may appoint in this behalf.
If any person whose premises are supplied with water, neglects to pay the water-tax, or any sum payable, under section 101 or section 102 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water, the municipality may, after due notice, cut off the supply of water from the said premises.
For the purpose of providing or maintaining the water supply or making or maintaining communications or connections with the main, or generally for the purposes of this Chapter, the municipality shall have all powers which are conferred upon it in respect by sections 136 to 141.
(1) Whenever it appears to the municipality or the Government to be desirable to require the owners of buildings or lands, situated within the limits of the whole or any part of a municipal area to make suitable provision for the storage and conservation of rain-water for use in flushing drain and for every purpose other than for the purposes of being used as drinking water, such municipality, if so required by the Government, shall and, in any case, may, with the previous sanction of the Government, by public notice, direct accordingly.
The municipality may, and, if so required by the Government, shall, make provision for the supervision of the construction, and may do all acts and things which may, from time to time, be necessary for the purpose of ensuring––
The municipality may, by notice, require the owner or occupier of any building or land in respect of which a reservoir for the storage and conservation of rain water has been provided under section 107 to repair, alter or put in good condition the said reservoir.
(1) The municipality may set apart suitable places for the purpose of bathing and may specify the times at which and sex of the person by whom, such places may be used, and may also set apart suitable places for washing animal or clothes, or for any other purpose connected with the health, cleanliness or comfort of the inhabitants, and may, by public notice, prohibit bathing or washing animals or clothes, in any public place not so set apart, or at time or by person other than those specified, and any other act by which water in public places may be rendered foul or unfit for use, and may charge fees for the use of such places by any specified class or classes of persons or by the public generally.
(1) The municipality may by public notice order, and, if so directed by the Government shall within one month of such direction be deemed to have ordered, any burial or cremation ground situated within municipal area or within one kilometre thereof which is certified by the Health Officer to be dangerous to the health of persons living in the neighbourhood to be closed, from a date to be specified in the notice and shall in such case, if no suitable place for burial or cremation exists within a reasonable distance, provide a suitable place for the purpose.
(1) The municipality may—
Whoever, being the owner or person incharge of any dog, neglects to restrain it so that it shall not be at large in any street without a muzzle––
Whoever, being incharge of any elephant, bear or camel omits, on being requested to do so, to remove, as far as may be practicable, his elephant, bear or camel to a safe distance on the approach of a horse, whether ridden or driven, shall be punishable with fine which may extend to one hundred rupees.
Whoever, contrary to any orders of the municipality, takes an elephant along a street shall be punishable with fine which may extend to one hundred rupees.
Should any building, or any well, tank, reservoir, pool, depression or excavation, be, for want of sufficient repair, protection or enclosure dangerous to the persons dwelling or working therein or in the neighbourhood or to persons passing by, the municipality may, by notice, require the owner or occupier thereof to repair, protect or enclose the same and should appear it to be necessary in order to prevent imminent danger, it shall forthwith take such steps to avert the danger as may be necessary.
Should any building, wall or structure, or anything affixed thereof or any bank or tree be deemed by the municipality to be in a ruinous state or in any way dangerous, or there be any fallen building or debris or other material which is unsightly or is likely to be in any way injurious to health it may, by notice, require the owner thereof either to remove the same, or to cause such repairs to be made to the buildings, wall, structure or bank, as the municipality may consider necessary for the public safety, and should it appear to be necessary in order to prevent imminent danger, the municipality shall forthwith take such steps, at the expense of the owner, to avert the danger as may be necessary.
Should the owner, part-owner or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the municipality may, by notice, require him within twentyfour hours to cleanse the same or otherwise put in a proper state and thereafter to keep it in a clean and proper state and if it appears to be necessary for sanitary purposes to do so, may at any time by notice, direct the occupier of any building to lime wash or otherwise cleanse the said building inside and outside in the manner and within a period to be specified in the notice.
The municipality may, by notice, require the owner or occupier of any land on which cattle or other animals are habitually tethered to have the same property paved or drained or both.
Should any building, or any part of any building, appear to the municipality to be unfit for human habitation in consequence of the want of proper means of drainage or ventilation or any sufficient reason, the municipality may, by notice prohibit the owner or occupier thereof from using the same for human habitation or suffering it to be so used, until it has been rendered fit for such use to the satisfaction of the municipality, and no such owner or occupier shall inhabit such building or suffer it to be inhabited until the municipality shall have informed in writing the owner or occupier that the prohibition has been withdrawn.
The municipality may, by notice, require the owner or occupier of any land to clear away and remove any thick vegetation of undergrowth which may appear to the municipality to be injurious to the health or offensive to the neighbourhood.
The municipality, may, by notice, require the owner or occupier of any land to cut or trim within three days the hedges growing thereon and bordering on any street or any branches of trees growing thereon which overhang any street and obstruct the same or cause danger or which so overhang any well, tank or other source from which water is derived for public use as to be likely to pollute the water thereof or are in any way offensive or injurious to health.
The municipality may, by notice, require the owner or part owner, or person claiming to be the owner or part owner of any building or land which, by reason of abandonment or disputed ownership or other cause has remained untenanted and become a resort of idle and disorderly persons or otherwise a nuisance, to secure or enclose the same within a reasonable time fixed in the notice.
(1) If the Health Officer certifies that the cultivation of any description of crop or the use of any kind of manure or the irrigation of land in any specified manner:––
(1) No place within a municipal area shall be used for any of the following purposes, namely:––
(1) Within any municipal area no person shall establish a new factory or workshop without having obtained the consent of the municipality.
(1) No exhibition of pictures or other optical effects by means of a cinematograph or other similar apparatus for the purpose of which inflammable films are used, and no public dramatic or circus performance or pantomime or dance shall be given in any municipality elsewhere than in premises for which a licence has been granted by the municipality under this section.
(1) Whenever it appears, that any place registered or licensed under the preceding sections is a nuisance to the neighbourhood or likely to be dangerous to life, health or property, the municipality may, and if so required by the Government, shall, by notice require the occupier thereof to discontinue the use of such place, or to effect such alterations, additions or improvements as will, in the opinion of the municipality, render it no longer nuisance or dangerous.
(1) No person shall use or employ, in any factory or other place, any whistle or trumpet or any other mechanical contrivance, which emits an offensive noise for the purpose of summoning or dismissing workmen or persons employed, nor shall any person by means of any contrivance increase the noise emitted in any such factory or place by the exhaust pipe of any engine, without the written permission of the municipality, in granting which, the municipality may impose such conditions as it may deem proper, restricting the time at which such whistle or trumpet, or other contrivance may be used.
(1) The municipality may, by notice, require the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse or, provide any additional drains, privies, latrines, urinals, cesspools or other receptacles as aforesaid which should, in its opinion, be provided for the building or land, in such manner and of such pattern as the municipality may direct.
(1) The municipality may, by notice, require the owner or occupier of any building or land to repair, alter, or put in good order any drain, privy, latrine, urinal, cesspool or receptacle for any filth or refuse, or to close any drain, privy, latrine, urinal or cesspool belonging thereto.
The municipality may, by notice require any person who without its permission in writing has newly erected or rebuilt any building over any sewer, drain, culvert, water course or water pipe vested in the municipality, to pull down or otherwise deal with the same as it may think fit.
(1) The municipality may by notice, require any owner or occupier on whose land any drain, privy, urinal, cesspool or other receptacle for filth or refuse for the time being exists within fifteen metres of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of such notice.
Whoever, without the permission of the municipality, causes or knowingly or negligently allows the contents of any sink, sewer or cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or any sewer or drain not set apart for the purpose, shall be punishable with a fine which shall not be less than one hundred rupees and more than five hundred rupees.
Whoever, without the permission of the municipality makes or causes to be made, or alters or causes to be altered, any drain leading into any of the sewer or drains vested in the municipality shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
The municipality may by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well or tank, reservoir, pool, depression or excavation therein which may appear to the municipality to be injurious to health or offensive to the neighbourhood :
The municipality may carry any cable, wire, pipe, drain, sewer or channel of any kind, for the purpose of establishing telephonic or other similar communication or for carrying out and establishing or maintaining any system of lighting, drainage or sewerage, through, across, under or over any road, street, or place laid out as or intended for a road or street, and, after giving reasonable notice in writing to the owner or occupier, into, through, across, under, over or up the side of any land or building whatsoever, situate within the limits of the municipal area, and, for the purpose of the introduction, distribution or outfall of water or for the removal or outfall of sewerage without such limits, and may, at all times do all acts and things which may be necessary or expedient for repairing or maintaining any such cable, wire, pipe, drain, sewer, or channel, as the case may be, in an effective state for the purpose for which the same may be used or intended to be used :
In the event of any cable, wire, pipe, drain, sewer or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.
Except in cases to which sections 222 to 224 relate, the municipality shall cause not less than fourteen days’ notice in writing to be given to the owner or occupier before commencing any operations under section 137.
(1) No person shall without the permission of municipality, at any time make or cause to be made, any connection or communication with any cable, wire, pipe, ferrute, drain, sewerage, channel constructed or maintained in the municipality for any purpose whatsoever.
The municipality may, at any time establish any connection or communication from any water-main, drain or sewer to any premises, or may by notice require the owner of any such premises to establish any such connection or communication in such manner and within such time as the municipality, by notice in that behalf, may prescribe, at the cost of such owner or occupier.
(1) The municipality may, by notice, require the owner of any building or land in any street to put up and keep in good condition proper troughs and pipes for receiving and carrying water and sullage from the building or land and for discharging the same so as not to cause inconvenience to persons passing along the street.
Whoever,––
(1) In any municipal areas to which this section may at any time be extended by the Government when any person suffering from any infectious disease is found to be,––
If the municipality is of the opinion that the cleansing or disinfecting of a building or any part thereof, or of any article therein, which is likely to retain infection will tend to prevent or check the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same, or to destroy such article in the manner and within the time prescribed in such notice.
Every person knowingly letting a house or other building or part of a house or building in which any person has been suffering from an infectious disease, without, having such house, or other building or part thereof and all articles therein liable to retain infection disinfected to the satisfaction of the municipality, shall be liable to a penalty which shall not be less than one hundred rupees and more than one thousand rupees.
The municipality may, and when the Government so directs, shall––
Whoever, suffering from an infectious, contagious or loathsome disorder––
Whoever keeps any swine or other animals in disregard of any orders which the municipality may give to prevent them from becoming a nuisance, or so as to be injurious to the health of the inhabitants or of animals shall be punishable with a fine of two hundred rupees and of one hundred rupees for every such subsequent offence.
Whoever feeds or allows to be fed any animal, which is kept for dairy purposes or may be used for food, on deleterious substances, filth or refuse of any kind, shall be punishable with fine which may extend to two hundred rupees.
Should the municipality, on the report of the Health Officer, consider that the water in any well, tank or other place is likely, if used for drinking, to endanger or cause the spread of any dangerous disease, it may,––
(1) Whoever sells to the prejudice of any purchaser, any article of food or drink which is not of the nature, substance or quality of the article demanded by such purchaser, shall be punishable with fine which may extend to two thousand rupees :
Whoever, in any street or public place within the municipal area begs importunately for alms, or exposes, exhibits, with the object of exciting charity, any deformity, or disease, or any offensive sore or wound, shall be punishable under the provisions of the Jammu and Kashmir Prevention of Beggary Act, 1960.
The municipality may fix places within or, with the approval of the Deputy Commissioner, beyond the limits of the municipal area for the deposit of refuse, rubbish or offensive matter of any kind or for the disposal of the dead bodies of animals and may by public notice give directions as to the time, manner and conditions at, in and under which such refuse, rubbish or offensive matter or dead bodies of animals may be removed along any street and deposited at such places.
Where the Government so requires it shall be the duty of the municipality to subject all dung to the process of making compost manure.
(1) Where the property in any dung vests in any person or class of persons other than the municipality, the municipality, required under the last preceding section, shall acquire, either permanently or for such period as it may deem fit, the rights or interests in the dung belonging to the aforesaid persons, on payment of such compensation as the municipality may consider reasonable and may assess the same in the manner hereinafter provided.
(1) Any person aggrieved by an award made under section 156 may, within thirty days from the date of the communication to him of the award, prefer an appeal in writing to the Deputy Commissioner of the district wherein the municipality is situated.
No civil court shall have jurisdiction to entertain or adjudicate any suit, application or other proceedings relating to the right or interest to or in the compensation referred to in section 156 or section 157 or the amount or apportionment or the payment thereof or any matter connected therewith.
Whoever, being the owner or occupier of any building or land, keeps knowingly or negligently or allows to be kept for more than twenty-four hours, or otherwise than in some proper receptacle or pit any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter in or upon such building or land or suffers any such receptacle or pit to be in a filthy or noxious state or neglects to employ proper means to cleanse and purify the same, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever, without the permission of the municipality or in disregard of its order, throws or deposits, or permits his servants or members of his household under his control to throw or deposit earth or material of any description, or refuse, rubbish or offensive matter of any kind upon any street or public place or into any irrigation channel or public sewer or public drain or into any drain communicating with an irrigation channel or a public sewer or public drain, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever, in public place within the limits of a municipal area to which the operation of this section has been extended by a notification by the *[State Government] in this behalf, spits in a place other than a drain or a receptacle provided by the municipality for this purpose shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever permits any person under his control to whom the provisions of sections 82, 83 and 84 of 1[the Indian Penal Code (45 of 1860)], are applicable to commit a nuisance upon any street or into any public sewer or drain or any drain communicating therewith, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
The removal of filth, rubbish, ordure or other offensive matter from privy, latrine, urinal, cesspool or other common receptacle for such matter in or pertaining to a house or building is called house scavenging.
(l) The municipality may, at any time, undertake the house scavenging of any house or building on the application or with the consent of the occupier.
(1) From the date of coming into force of this Act, the customary rights, if any, of a Safai Mazdoor in respect of the house scavenging shall stand abolished.
(1) No person shall carry night soil in any receptacle on his head.
When once the municipality has undertaken the house scavenging of any house or building, under this Chapter, it may continue to perform such house scavenging with or without the consent of the occupier for the time being of such house or building.
When the municipality has undertaken the house-scavenging of any house or building, it shall be bound to perform the same properly, until it shall have relieved itself of the obligation by an order under subsection (4) of section 164.
The employees of the municipality employed in house scavenging may, at all reasonable times, do all things necessary for the proper performance of any house scavenging undertaken by the municipality.
All matter removed by the employees of the municipality in the course of house scavenging shall belong to the municipality.
The municipality may, and when so directed by the Government shall, in the manner prescribed by rules, make provision for the establishment and maintenance of creches for the children of Safai Mazdoors, who are in the employment of the municipality or work in private houses.
(1) The municipality may, and shall when so required by the *[State Government], fix premises with the approval of Deputy Commissioner either within or without the limits of the municipal area for the slaughter of animals for sale, or of any specified description of such animals, and may, with the like approval, grant and withdraw licences for the use of such premises, or if they belong to the municipality, charge rent or fees for the use of the same.
(1) Whenever any animal in the charge of any person dies otherwise than by slaughter either for sale or for some religious purpose, the person incharge thereof shall within twenty-four hours either––
The municipality––
(1) No person shall cut down any tree or cut off a branch of any tree, or erect or demolish any building or a part of a building or alter or repair the outside of any building, where such action is of a nature to cause obstruction, danger or annoyance, or risk of obstruction, danger or annoyance to any person using a street, without the previous permission in writing of the municipality.
(1) No person shall lay out or make or commence to lay out or make a street without the sanction of the municipality.
The municipality may, within one month of the receipt of the notice required by sub-section (2) of section 176 issue––
The municipality may, within two months of the receipt of the notice required by sub-section (2) of section 176 refuse to sanction the proposed street, or may sanction it either absolutely or subject to such written direction as to levelling, metalling, paving, means of drainage, direction and width as the municipality may deem fit to issue, and the person laying out or making such street shall comply with the sanction of the municipality in every particular :
Every sanction for the laying out or making of a street which shall be given or be deemed to have been given, by a municipality, shall remain in force for one year only from the date of such sanction. Should the laying out or making of the street not have been commenced within the said period of one year, the sanction shall be deemed to have lapsed, but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provisions of this Act.
Whoever begins, continues or completes the laying out or making of a street without giving the notice required by section 176 or in contravention of any written directions made under section 178 or of any bye-law or provision of this Act, shall be liable to a fine which shall not be less than two hundred rupees and more than two thousand rupees.
In any case where the municipality considers that any land is being or has been laid out as a street without the notice required by section 176 having been given or in contravention of any written direction made by the municipality under section 178 or of any bye-law or provisions of this Act, the municipality may, by notice in writing, require the owner of the land to alter the street in such manner as it deems necessary.
(1) (a)When the municipality considers that in any street other than a public street, or in any part of such street within the municipal area, it is necessary for the public health, convenience or safety, that any work should be done for the levelling, paving, metalling, flagging, channelling, draining, lighting or cleaning thereof, the municipality may by written notice require the owner or owners of such streets or part thereof, to carry out such works in a manner and within a time to be specified in such notice.
(1) Whoever, without the written permission of the municipality, makes any immovable encroachment on or under any street, on, over or under any sewer, or water course, or erects or re-erects any immovable overhanging structure projecting into a street at any point above the said ground level, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
(1) The municipality may grant permission in writing, on such conditions as may be approved by the Deputy Commissioner for the safety or convenience of persons passing by or dwelling or working in the neighbourhood and may at its discretion withdraw the permission, to any person to––
Notwithstanding anything contained in sections 183 and 184, the Deputy Commissioner may within his jurisdiction, order any person responsible for any encroachment as specified in sections 183 and 184 to remove or alter such encroachment within specified time, not exceeding two weeks and in case of noncompliance of such order may remove or alter such encroachment and recover all expenses thereby incurred from the person as arrear of tax under section 87.
(1) Should any house, shop, wall or other building or part of a building project beyond the regular line of a street, either as existing or as determined for the future, or beyond the front of the building on either side thereof, the municipality may, whenever such house, shop, wall or other building or part thereof, has been either entirely or in greater part taken down or burned down, or has fallen down, by notice require such building or part when being rebuilt to be set back to or towards the said regular line or the front of the adjoining buildings ; and the portion of the land added to the street by such setting back or removal shall become a part of the street and shall vest in the municipality :
Notwithstanding anything contained in sections 183, 184 or 186 in clause (v) of section 202 and subject to any general or special order the Government may make in this behalf, if any street is vested in the Government––
The municipality may, subject to the payment of reasonable compensation, by notice require the owner or occupier of any building within a period of not less than six weeks, to be specified in such notice, to remove or alter any balcony, projection, structure or verandah, erected with the sanction of the municipality, overhanging, projecting into or encroaching on any street or on any drain, sewer or aqueduct therein.
The municipality may attach to the outside of any building brackets for lamps in such manner as not to occasion any injury thereto or inconvenience.
The municipality may, and if so required by the *[State Government] shall construct stalls, and shall lease them out to any person on such conditions as the Government may by general or special order specify.
Whoever without being authorised by the municipality defaces or disturbs any municipal direction post, lamp or post or lamp or extinguisher, any municipal light, at any public place, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
(1) Whoever, without the consent of the owner or occupier or other person for the time being incharge, affixes any posting bill, notice placard or other paper or means of advertisement against or upon any building, wall, tree, board, fence or pale or writes upon soils, defaces or marks any such building, wall, tree, board, fence or pale, with chalk or paint or in any other way whatsoever, shall be punishable with a fine which shall not be less than twenty-five rupees and more than two hundred rupees.
(1) The municipality may cause a name or number to be given to any street, chowk, locality or building, and to be affixed on any chowk, locality or building in such place as it may think fit.
The municipality 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 timber, wood, dry grass, straw or other inflammable materials, or placing mats of thatched huts or lighting fires in any place or within any limits specified in the notice.
The municipality may direct that, within certain limits, to be fixed by the roofs and external walls of huts or other buildings shall not be made or renewed of grass, mats, leaves or other highly inflammable materials without the permission of the municipality in writing and the municipality may, by written notice, require any person, who has disobeyed any such direction, remove or alter the roofs or walls so made or renewed, as it may think fit.
(1) Whoever, without the permission of the municipality, pickets animals or collects carts on any street, or uses any street as a halting place, for vehicles or animals of any description or as a place of encampment or causes or permits animals to stray shall be punishable with a fine which shall not be less than one hundred and more than one thousand rupees.
(1) Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sunset to half an hour before sunrise shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever, in contravention of any general or special prohibition issued by the municipality without the permission of the municipality, beats a drum or tom-tom, blows a horn or trumpet or beats or sounds any brass or other instrument or utensil, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever discharges firearms or lets off fireworks, fire-balloons or detonators, or engages in any game, in such a manner as to cause or likely to cause, danger to persons passing by a dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
Whoever quarries, blasts, cuts timber or carries on building operations 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 shall be punishable with a fine which shall not be less than two hundred rupees and more than one thousand rupees.
A municipality may, with the previous sanction of the Deputy Commissioner, levy small fees on each person attending a fair on which the municipality incurs expenditure under clause (i) of subsection (2) of section 53 and on persons exposing goods for sale and all persons carrying on any occupation for gain, except water carrier, scavengers and others employed in connection with the fair, for defraying the cost of sanitary arrangements, watch and ward and the like.
A municipality may, and shall if so required by the *[State Government] by bye-laws—
(1) No person shall erect or re-erect or commence to erect or re-erect any building without the sanction of the municipality.
(1) The municipality may, if so required by the *[State Government] shall make bye-laws to regulate in respect of the erection or re-erection of any building within the municipal area or part thereof––
(1) The municipality may and if so required by the Deputy Commissioner or by the Government shall, within six months of the date of such requisition, draw a building scheme/Master Plan for built areas, and a town planning scheme/Master Plan for unbuilt areas, which may among other things provide for the following matters, namely:––
(1) Notwithstanding anything contained in section 205, the Government may, in the public interest, regularise the buildings in any area whether constructed with or without sanction of the municipality and for which no building scheme/Master Plan or town planning scheme/Master Plan has been sanctioned.
If under the provisions of any scheme sanctioned under section 205 the erection or re-erection of buildings in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned uses any building for such purpose shall, unless it was used for this propose before the scheme was sanctioned, on conviction be liable to a fine which shall not be less than five hundred rupees and more than two thousand rupees and if after such conviction, he continues to use such building for such purpose shall be liable to a further fine of one hundred rupees for every day during which such use continues.
(1) The municipality shall refuse to sanction the erection or reerection of any building in contravention of any bye-law made under subsection (1) of section 204 or in contravention of any scheme sanctioned under sub-section (3) or sub-section (4) of section 205, unless it be necessary to sanction the erection of a building in contravention of such scheme owing to the municipality’s inability to pay compensation as required by section 186 for the setting back of a building.
(1) For the purposes of drawing up of a building scheme for built up areas and a town planning scheme for unbuilt up areas, the municipality may, and if so required by the Government shall, cause the geological survey of the municipal area conducted by such persons and in such manner as may be prescribed.
(1) Every person shall, within one month after the completion of the erection of the whole or part of the building, deliver or send or cause to be delivered or sent to the Executive Officer a notice in writing of such completion or part of completion accompanied by a certificate in the Form prescribed by bye-laws made in this behalf and shall give to the Executive Officer all necessary facilities for the inspection of such building or part of the building.
(1) Should a building be begun, erected or re-erected––
(1) Any person aggrieved by an order of the municipality made under second proviso to sub-section (1) of section 211 may prefer an appeal to the District Judge having jurisdiction over the municipal area within the period of seven days from the date on which the copy of order made by the municipality is given to him.
(1) No compensation shall be claimable by an owner for any damage which he may sustain in consequence of the prohibition of erection of any building.
The municipality may, and shall, if so required by the Government by bye-laws––
No wild animals in respect of which any close time has been notified by the Government under 1[Wild Life (Protection) Act, 1972 (53 of 1972)] shall whether dead or alive be possessed or sold during such close time within any municipal area and no such animal shall at any other time be sold within any municipal area except under an annual licence to be granted by the municipality :
In making any bye-law under any section of this Chapter, the municipality may direct that a breach or an abetment of a breach of it, shall be punishable with a fine which shall extend to five hundred rupees and when the breach is a continuing breach, with a further fine of ten rupees for every day after the first conviction during which the breach continues.
(1) No bye-law made, under any section of this Chapter shall come into force until it has been confirmed by the Government and, published for such time and in such manner as the Government may prescribe in this behalf.
(1) In any case in which no bye-laws have been made by the municipality under section 202 or section 203 or section 204 or section 214 the *[State Government] may make bye-laws for that purpose.
All bye-laws made under this Act shall be subject to previous publication.
(1) A copy of all bye-laws, made under this Act for any municipal area shall be kept at the office of the municipality and shall be open during office hours without charge to the inspection of any inhabitant.
(1) No person shall fell any tree whether belonging to him or otherwise of the prescribed class within the jurisdiction of any municipality in the 1[Union territory of Jammu and Kashmir] except under a permit obtained from the prescribed authority in the prescribed manner.
(1) The municipality or Executive Officer or Secretary, as the case may be, may authorise any person to enter, between sunrise and sunset, into any building or upon any land and to inspect any drain, privy, latrine, urinal, cesspool, cable, wire, pipes, sewers or channels therein or thereupon, and to cause the grounds to be opened where such person as aforesaid may think fit for the purpose of preventing or removing any nuisance arising from the drains, privies, latrines, urinals, cesspools, cables, wires, pipes, sewers or channels.
(1) The municipality or Executive Officer/Secretary, as the case may be, may authorise any person after giving three hours’ notice to the occupier, or, if there be no occupier, to the owner of any building to enter and inspect it at any time between sunrise and sunset where such inspection appears necessary for sanitary reasons.
The municipality or Executive Officer or the Secretary, as the case may be, may authorise any person, after giving twenty-four hours’ notice to the occupier, or if there be no occupier, to the owner of any building or land, at any time between sunrise and sunset––
The municipality or the Executive Officer or the Secretary, as the case may be, may authorise any person at all reasonable times to enter into and to inspect any market, building, shop, stall or place for the sale of food or drink for man, or as a slaughter-house, or for the sale of drugs, and to inspect and examine any food or drink, animal or drugs which may be therein ; and, if any article of food or drink, or any animal therein appears to be intended for the consumption of man to be unfit may seize and remove the same or may cause it to be destroyed or to be so disposed of as to prevent its being exposed for sale or used for such consumption ; and in case it is reasonably suspected that any drug is adulterated in such manner as to lessen its efficiency or to change its operation or to render it noxious, to remove the same giving a receipt therefor, and to cause the owner thereof to be brought before a Magistrate for enquiry whether any offence has been committed in respect thereof, and for orders as to the disposal of the said drug.
If there are reasonable grounds for believing that any animal has been, is being, or is about to be slaughtered in any place or premises not fixed for such purpose under section 172 or in contravention of any bye-laws made under sub-clause (i) of clause (5) of section 202, the municipality or Executive Officer/Secretary or any person authorised by it or him in this behalf may, at all reasonable times, enter into and inspect any place or premises :
Whoever in contravention of section 224 or section 225 or section 226 or section 229, refuses to suffer inspection of any premises, food, drink, drug or animals, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
(1) The municipality or Executive Officer/Secretary may authorise any person to enter upon, at any reasonable time, and inspect any house or building which is suspected to contain petroleum, explosive or other inflammable material in excess of the quantity permitted to be kept in such house or building under the provisions of this Act or of any rule, bye-law or public notice made or published thereunder.
(1) The Health Officer or any other officer authorised by the municipality may enter, at any time, after three hours’ notice, into any building or premises in which any infectious disease is reported or suspected to exist, for the purpose of inspecting such building or premises.
The municipality or Executive Officer or Secretary, as the case may be, may authorise persons to exercise the power of entry, conferred by the foregoing sections of this Chapter either generally in regard to all buildings and land or particularly in regard to specified buildings and lands or classes of building and lands.
When any building used as a human dwelling is entered under this Act, due regard shall be paid to the social and religious sentiments of the occupier, and before any apartment in the actual occupancy of any woman who according to custom does not appear in public, is entered under this Act, notice shall be given to her that she is at liberty to withdraw, and reasonable facility shall be afforded to her for withdrawing.
When any notice under this Act requires any act to be done for which no time is fixed by this Act, it shall fix a reasonable time for doing the same.
(1) Every notice issued by a municipality under this Act or under any rule or bye-law, shall be in writing, signed by the President, Vice-President, Executive Officer, Secretary, Assistant Secretary or the Health Officer or by the members of any subcommittee specifically authorised by the municipality in that behalf, and every such notice and every order made under section 208 may be served on the person to whom it is addressed, or delivered or left at his usual place of abode or business with some adult male member or servant of his family, or, if it cannot be so served may be affixed to some conspicuous part of his place of abode or business.
Whenever it is provided by this Act that any notice may be given to the owner or occupier of any land or building, and the owner and occupier are different persons, such notice shall be given to one of them primarily liable to comply with such notice, and in case of doubt to both of them :
When any notice is under the provisions of this Act to be given to or served on the owner or occupier of any property and he is unknown, it may be given or served––
Every public notice given by a municipality under this Act or any rule or bye-law shall be published by proclamation or in such other manner as the Government may, by rule, direct.
Whoever disobeys any lawful direction or prohibition given by the municipality by public notice under this Act or any written notice lawfully issued by it thereunder, or fails to comply with the conditions subject to which any permission was given by the municipality to him under those powers shall, if the disobedience or omission is not an offence punishable under any other section, be punishable with fine which shall not be less than one hundred rupees and more than one thousand rupees, and, in the case of a continuing breach, with a further fine of fifty rupees for every day after the first conviction during which the breach continues.
Every person convicted of an offence under this Act on account of any act or omission, shall, notwithstanding any punishment to which he may have been sentenced for such offence, pay compensation, the amount of which shall be determined by the Magistrate before whom he was so convicted, to the municipality for any damage that may have occurred to any property of the municipality, in consequence of such act or omission.
Whenever the terms of any notice other than of a notice under section 183 have not been complied with the municipality may, after six hours’ notice, by its officer, cause the act to be done.
Any person wilfully obstructing the municipality or any employee of the municipality or any person authorised by the municipality, in exercise of the powers conferred by this Act, shall be punishable with a fine which shall not be less than one hundred rupees and more than one thousand rupees.
(1) Where, under this Act, the owner or occupier of property is required by the municipality to execute any work and default has been made in complying with the requirement, and the municipality has executed the work, the municipality may recover the cost of the work from the person in default.
(1) When any person by reason of his receiving or being entitled to receive the rent of immovable property as agent or trustee of a person or society, would, under this Act, be bound to discharge any obligation imposed by this Act on the owner of the property for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has but for his own improper act or default might have had, in his hand funds belonging to the owner sufficient for the purpose.
(1) The municipality may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the municipality, its employees, under this Act, and shall make such compensation where the damage was caused by the negligence of the municipality, its employees and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised.
(1) Any person aggrieved––
When any order of the kind specified in section 111, section 128 and section 237 is subject to appeal, and an appeal has been instituted against it, all proceedings to enforce such order and all prosecutions for any breach thereof, shall be suspended pending the decision of the appeal and if, such order is set aside on appeal, disobedience thereto, shall not be deemed to be an offence.
Every order of confiscation under section 218 shall be subject to appeal to the next superior court, but shall not be otherwise open to appeal.
Unless otherwise expressly provided, no court shall take cognizance of any offence punishable under this Act or any rule or any bye-law except on the complaint of, or upon information received from the municipality or its Executive Officer/Secretary or some person authorised by the municipality or by the Executive Officer/Secretary in this behalf.
(1) Except as otherwise provided under any other provisions of this Act, the municipality or the Executive Officer/ Secretary or any other officer, authorised by the Government in this behalf may accept from person against whom a reasonable suspicion exists that he has committed an offence against this Act or any rule or bye-law, a sum of money not less than five hundred rupees by way of composition for such offence.
1[248A. Eviction of unauthorised occupant. ––(1) Notwithstanding anything contrary contained in this Act or in any other law for the time being in force, if the Executive Officer is of the opinion that any person is in unauthorised occupation of any property and that he should be evicted, the Executive Officer shall issue, in the manner hereinafter provided, a notice in writing calling upon that person to show cause as to why an order of eviction should not be passed.
(1) The Governor shall, as soon as may be within one year from the commencement of this Act and thereafter at the expiration of every fifth year, constitute a Finance Commission to review the financial position of the Municipalities and to make recommendations to the Governor as to––
(1) The Finance, Audit and Planning Committee shall cause to be prepared and laid before the municipality at a meeting, which shall be held between the first day of February and the tenth day of March, a complete account of the actual and expected receipts and expenditure for the official year ending on the thirtyfirst day of March next following together with a budget estimate of the income and expenditure of the municipality for the official year to commence on the first day of April next following.
If, in the course of the official year the municipality finds it necessary to modify the provisions made in the budget with regard to the receipts or to the distribution of the amounts to be expended on the different services it undertakes, it may make such modifications :
Supplementary budget may be prepared and submitted when necessary. The municipality may, at any time, during the year for which a budget has been sanctioned by the Director, cause a supplementary budget to be prepared and submitted to the Director. Every such supplementary budget shall be considered and approved by the Municipality and submitted, through the Deputy Commissioner to the Director for approval.
(1) Accounts of the income and expenditure of the municipality shall be kept in accordance with such rules as may be prescribed.
The municipality shall, as soon as the annual accounts have been finally passed by it, transmit to the Director an account in the Form prescribed in this behalf and shall furnish such details and vouchers relating to the same as the Director may, from time to time, direct.
Subject to such restrictions as may be prescribed a municipality may write off any sum due to it, if in its opinion, such sum is irrecoverable :
(1) The accounts of the municipal fund shall be 1[audited by Comptroller and Auditor General of India] and the audit agency shall, for the purpose of audit have access to all the accounts and other records of the municipality.
(1) The municipality shall, on the report of the audit agency and may on its own motion, after taking the explanation of the person concerned or making such further enquiry as it may consider necessary, charge any person responsible for irregular expenditure pointed out by the audit agency or the amount of any deficiency or loss caused by the negligence or misconduct of such person or any sum received which ought to have been, but is not brought into account by such person, and shall, in every such case, certify the amount due from such person.
(1) Every sum certified by the municipality to be due from any person under sub-section (1) of section 257 shall be paid by such person to the municipality within thirty days from the date of the receipt by him of a copy of the decision.
(1) When any sum payable on demand––
(1) Whenever, under section 259 any property is seized or sold in consequence of the non-payment of any amount distraint, seizure and sale shall be effected subject to the provisions following sub-section and of section 62 of 1[the Code of Civil Procedure, 1908 (5 of 1908)].
Every municipality shall prepare every year a development plan for its area and submit it to 1[the District Planning Committee constituted under section 47-A of the Jammu and Kashmir Panchayati Raj Act, 1989].
1[District Planning Committee]. ––(1) 1[The District Planning Committee], constituted by the Government under 2[section 47-A] of the Jammu and Kashmir Panchayat Raj Act, 1989 shall consolidate the development plans prepared and submitted to it by the municipalities in the District, under section 261 and prepare a draft development plan for the district as a whole.
(1) The Deputy Commissioner or any Officer authorised in writing by him or any person empowered by the Government in this behalf by a general or special order, may—
(1) The Government or the Director or the prescribed authority may by an order in writing and for reasons to be stated therein, suspend the execution of any resolution passed, order issued, licence or permission granted or prohibit the performance of any act by the municipality if in its opinion––
(1) In case of emergency the Deputy Commissioner may provide for the execution of any work, or the doing of any act which a municipality is empowered to execute or do, and the immediate execution or doing of which is, in his opinion necessary for the service or safety of the public and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the municipality.
(1) When the Deputy Commissioner after due enquiry is satisfied that a municipality has made default in performing any duty imposed upon it by this Act or by any order or rule made under this Act, he may, by an order in writing, fix a period of the performance of that duty ; and, should it not be performed within the period so fixed he may appoint some person to perform it, and may direct that the expenses thereof shall be paid, within such time as he may fix, by the municipality.
When the Deputy Commissioner makes an order under section 265 or section 266, he shall forthwith forward to the Director a copy thereof, with a statement of reasons for making it with such explanation, if any, as the municipality of such municipal area may wish to offer and the Director may thereupon confirm, modify or rescind the order :
The Government may issue directions to any municipality for carrying out the purposes of this Act and in particular with regard to––
(1) When a municipal area is constituted under this Act, the Government may appoint a person to exercise the powers, discharge the duties and perform the functions of the municipality for a period not exceeding six months or until the municipality is established whichever is earlier and he shall for the purpose aforesaid be deemed to be the municipality.
(1) The Government and the Director or the prescribed authority acting under the orders of the *[State Government], shall be bound to require that the proceedings of municipalities shall be in conformity with law and with the rules in force under any enactment for the time being applicable to the 1[Union territory of Jammu and Kashmir] generally or the areas over which the municipality have authority.
Notwithstanding anything in this Act, the Government shall have the power of reversing or modifying any order of any officer of the Government passed or purporting to have been passed under this Act, if it considers to be not in accordance with the said Act or the rules or to be for any reason inexpedient, and generally for carrying out the purposes of the Act the Government shall exercise over its officers all powers of superintendence, direction and control :
(1) If at any time it appears to the Government or the prescribed authority that a municipality is persistently making the default in the performance of the duties imposed on it by or under this Act or under any other law for the time being in force, or exceeds or abuses its powers or fails to carry out any order of the Government or the competent authority, the Government or the prescribed authority may, after such enquiry as it may deem fit, by an order dissolve such municipality and may order a fresh constitution thereof.
(1) The prescribed authority may suspend from office any office bearer––
(1) The Government or the prescribed authority may after such enquiry as it may deem fit to make at any time, remove an office bearer––
The Government may, at any time for the purpose of satisfying itself as to the legality or the propriety of any resolution passed or order made by a municipality or any order purported to have been made under the provisions of this Act or the rules or the bye-laws made thereunder, call for and examine record relating to such resolution or order, as the case may be, and pass such order in reference thereto as it thinks fit :
(1) The Director may inspect the works of municipalities and exercise the following powers: ––
(1) The Heads of Departments concerned and the Officers Incharge of the departments at the District level or Divisional level may inspect works or development schemes relating to that department under the control of any municipality and also to inspect relevant documents pertaining to such works or development schemes in the manner specified by the Government.
When the Government, after due enquiry, is satisfied that a municipality has committed default in as much as its particular branch or a department is incompetent of performing or does not adequately perform any or all of its functions it may take over the control of such branch or department of the municipality under its control and may appoint additional staff, if necessary, for the efficient discharge of the functions of such branch or department and may direct that the expenses thereof shall be paid by the municipality within such time as the Government may fix in this behalf.
(1) In the event of any dispute arising between two or more municipalities or municipality and any other local authority in any matter in which they are jointly interested such dispute shall be referred to the Government and the decision of the Government thereon shall be final :
(1) The Government may frame forms for any proceedings of municipality and may make any rules consistent with this Act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power makes rules––
In this Chapter, unless the context otherwise requires––
(1) The Superintendence, direction and control of the preparation of electoral rolls, determination of wards, reservation and allotment of seats by formation, for and the conduct of all elections to the municipalities shall be vested in the Chief Electoral Officer.
The election petitions under this Act shall be heard by the Officer as may be prescribed by the Government under rules.
No election under this Act shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.
(1) Any elector of a municipality may, on furnishing the prescribed security in the prescribed manner, present within thirty days of the publication of the result, on one or more of the grounds specified in sub-section (1) of section 296 to the authorised officer an election petition in writing against the election of any person under this Act.
(1) An election petition––
If the election petition is not furnished in the prescribed manner or the petition is not presented within the period specified in section 285, the authorised officer shall dismiss the petition :
The Director may, at any stage, after notice to parties and for reasons to be recorded withdraw any election petition pending before an authorised officer and transfer it for hearing to another authorised officer in the 1[Union territory of Jammu and Kashmir] and upon such transfer, that authorised officer shall proceed with the petition from the stage at which it was withdrawn :
(1) Subject to the provisions of this Act and of any rules made thereunder every election petition shall be heard by the authorised officer in accordance with the procedure applicable under 1[the Code of Civil Procedure, 1908 (5 of 1908)] to the trial of suits ; and decided within a period of six months from the date of presentation under section 284 :
Any appearance, application or act before the authorised officer may be made or done by the party in person or by a pleader duly appointed to act on his behalf :
The Authorised Officer shall have the powers which are vested in a Court under 1[the Code of Civil Procedure, 1908 (5 of 1908)] when trying a suit in respect of the following matters––
In relation to the production of unstamped or un-registered documents at the hearing of an election petition, the provisions of 1[the Representation of the People Act, 1951 (43 of 1951)] shall apply.
(1) No witness or other person shall be required to state for whom he has voted at any election.
(1) No witness shall be excused from answering any question to any matter relevant to a matter in issue in the hearing of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture :
The reasonable expenses incurred by any person attending to give evidence may be allowed by the authorised officer to such person, and shall, unless he otherwise directs, be deemed to be part of the costs.
(1) Where an election petition has been presented under section 285, the authorised officer shall inquire into the election petition and at the conclusion of the inquiry shall make an order ––
(1) If the authorised officer is of the opinion––
Any election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(1) Costs including pleader’s fees shall be in discretion of the authorised officer.
Any order as to costs under the provisions of this Chapter may be produced before the Principal Civil Court within the local limits of whose jurisdiction any person directed by such order to pay sums of money has a place of residence or business. Such Court shall execute the order or cause the same to be executed in the same manner, and by the same procedure as if it were a decree for the payment of money made by itself in a suit :
The corrupt practice specified in section 302 shall entail disqualification for membership of municipality for a period of six years counting from the date on which the finding of the authorised officer as to such practice has been given :
The following shall be deemed to be corrupt practices for the purposes of this chapter,––
Notwithstanding anything contained in this Act, any person aggrieved by an order made by the authorised officer under this Chapter, may, within the prescribed time and in the prescribed manner, appeal to the Director having jurisdiction over the municipal area and who shall dispose of the appeal within a period of ninety days and his decision on such appeal shall be final.
Notwithstanding anything contained in this Act––
The Government may, by notification, in the Government Gazette and in consultation with the Chief Electoral Officer make rules for the composition of municipalities, conducting the election, allotment of symbols and all matters relating to or in connection with the conduct of elections to the municipalities.
(1) There shall be an Executive Officer in each Municipal Council, Municipal Committee and a Secretary in those municipalities as the Government may describe, who shall be appointed by the Government and shall be governed by such conditions of service as may be prescribed by rules under this Act.
1[307. Posts in Municipality and appointments thereto. ––(1) The Government may, for ensuring efficient management of the affairs of the Municipalities and other urban bodies, and to sub serve the common good, establish one or more Urban Service or Services as may be considered necessary, and each such Service shall comprise of such number, classes and categories of posts as may be prescribed.
1[307 A. Power of Government to appoint officers and servants. ––(1) The Government or any officer authorised by it in this behalf may appoint such officers and servants as it considers necessary for the efficient discharge of duties by the Municipality.
(1) A person shall be disqualified for being appointed in the municipality if he has, directly or indirectly, by himself or by a partner or by any other person, any share or interest in any contract made with, or any work being done for the municipality other than as an employee.
(1) On a complaint being made to the municipality by any member that an officer or official of the municipality or any other class of Government Officer or official discharging any duties in relation to the functions of the municipality to which the Government may, by notification, extend the provisions of this section has mis-conducted himself in his official capacity, the municipality may enquire into the matter and submit a report alongwith the prima facie evidence to the superior officer whom it may concern, or to the Deputy Commissioner or any other officer appointed by the Government, as the case may be, and the said officer shall, after such further enquiry as may be required, take suitable action under intimation to the municipality and the Director.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, do anything not inconsistent with the provisions thereof which appears to it to be necessary or expedient for the purpose of removing the difficulty :
(1) On and from the date of commencement of this Act, the Jammu and Kashmir Municipal Act, Samvat 2008 and Town Area Act, Samvat 2011 (hereinafter referred to as the repealed Act) shall stand repealed :