Municipal Corporation Act, 2000

MUNICIPAL CORPORATION
ACT, 2000
(Act No. XXI of 2000)
THE JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000
CONTENTS
Section Section
CHAPTER I 14. Election petition.
PRELIMINARY 15. Relief that may be claimed by the

petitioner.
1. Short title, extent and
commencement. 16. Grounds for declaring election to
be void.
2. Definitions.
17. Procedure to be followed by the
CHAPTER II prescribed authority.
CONSTITUTION OF 18. Decision of prescribed authority.

CORPORATION
19. Procedure in case of equality of
3. Declaration of Municipal area as votes.
Corporation.
20. Finality of decision.
4. Incorporation and constitution of 21. Corrupt practices.
Corporation.
22. Maintenance of secrecy of voting.
5. Duration of the Corporation.
23. Officers etc. at elections not to act
6. Delimitation of wards. for candidates or to influence
voting.
7. Qualifications for Councillors.
24. Prohibition of canvassing in or
8. Disqualification of Councillor. near polling station and of public
meeting on election day.
9. Election to the Corporation.
25. Penalty for disorderly conduct in
10. Reservation of seats. or near polling station.
10-A. Reservation of seats for cecrtain 26. Penalty for misconduct at the
categories. polling station.
11. Right to Vote. 27. Breaches of official duty in
connection with election.
12. Filling of casual vacancies.
28. Removal of ballot papers from
13. Publication of results of elections. Polling Station to be an offence.
4 MUNICIPAL CORPORATION ACT, 2000
Section Section
29. Offence of booth capturing. CHAPTER III
30. Other offence and penalties. FUNCTIONS OF THE
CORPORATION
31. Power to make rules regulating the
election of Councillors. 41. General Powers of Corporations.
42. Functions of Corporations to be
32. Bar to interference by Courts in
entrusted by Government.
electoral matters.
43. Obligatory functions of the
33. Oath of affirmation by Councillor. Corporation.
34. Removal of or resignation by 44. Discretionary functions of the
Councillors. Corporation.
34-A. Disqualification on ground of CHAPTER IV
defection.
MUNICIPAL AUTHORITIES
34-B. Disqualification on ground of UNDER THE CORPORATION
defection not to apply in case of 45. Appointment of Commissioner.
merger.
46. Appointment of Joint/Assistant
34-C. Decision on question as to Commissioner and certain other
disqualification on ground of officers.
defection.
47. Salary and allowances of
34-D. Appeals. Commissioners.
34-E. Bar of Jurisdiction. 48. Leave etc. to Commissioner.
35. Payment of allowances to 49. Contribution by Corporation.

Councillors. 50. Function of the Commissioner.
36. Annual election of Mayor, Deputy 51. Power of the Corporation to
Mayor and their term of office. require Commissioner to produce
documents and furnish returns,
37. Motion of No-confidence against reports etc.
Mayor or Deputy Mayor.
52. Exercise of power to be subject to
38. Discharge of functions of the sanction.
Mayor by Deputy Mayor.
CHAPTER V
39. Resignation of Mayor and Deputy
TRANSACTION OF BUSINESS
Mayor.
BY THE CORPORATION
40. Standing Committees. 53. Meetings.
MUNICIPAL CORPORATION ACT, 2000 5
Section Section
54. First Meeting of the Corporation 68. Officers and other employees not
after general elections for election to be interested in any contract etc.
of Mayor. with Corporation.
55. Notice of Meetings and business. CHAPTER VII
56. Quorum. REVENUE AND EXPENDITURE

69. Constitution of Corporation Fund.
57. Presiding Officer.
69-A. Constitution of Basic Services
58. Method of deciding question. Fund.
59. Maintenance of order at and 70. Corporation Fund to be kept in
admission of public to meetings. Jammu and Kashmir Bank or in a
Scheduled Bank in a Government
60. Councillor not to vote on matter
Treasury.
in which he is interested.
71. Operation of accounts with banks.
61. Right to attend meetings of
Corporation and its Committees 72. Payment not to be made unless
etc. and right of Councillor to ask covered by a budget grant.
the questions.
73. Duty of persons signing Cheques.
62. Power to make regulations. 74. Procedure when money not
covered by a budget grant is
63. Keeping of minutes and
expended.
proceedings.
75. Application of Corporation Fund.
64. Circulation of minutes and
inspection of minutes and reports 76. Payments from Corporation Fund
of proceedings. for works urgently required for
public service.
65. Forwarding minutes and reports of
77. Investment of surplus money.
proceedings to Government.
78. Constitution of special funds.
66. Validation of proceedings etc.
79. Finance Commission.
CHAPTER VI
80. Budget Estimates.
CORPORATION OFFICERS AND
81. Power of Corporation to alter
OTHER CORPORATION
budget estimates.
EMPLOYEES
82. Power of Corporation to readjust
67. Posts in Corporation and income and expenditure during
appointments thereto. the year.
Section Section
83. Provisions as to unexpended 92. Recovery of taxes on lands and
budget grant. buildings from occupiers.
83-A. Reservation of land for housing to 93. Taxes on lands and buildings as
economically weaker sections and first charge on premises on which
low income groups. they are assessed.
83-B. Identification of eligible persons 94. Assessment list.
and determination of cost of land
or houses. 95. Evidentiary value of assessment list.
83-C. Incentives to developers. 96. Amendment of assessment list.
83-D. Non-residential development. 97. Preparation of new assessment list.
83-E. Utilization of shelter fee. 98. Notice of transfers.

CHAPTER VIII 99. Notice of erection of building etc.
TAXES AND FEES 100. Notice of demolition or removal

of building.
84. Taxes, etc. to be imposed by
Corporation under this Act and 101. Power of Commissioner to call for
arrangement of certain taxes information.
collected by Government.
102. Premises owned by or let to, two
85. Fees that may be charged by the or more persons in severalty to be
Corporation. ordinarily assessed as one property.
86. Components and rates of taxes of 103. Assessment in case of amalga-
lands and buildings. mation of premises.
87. Premises in respect of which water 104. Power of Commissioner to
tax or charges are to be levied. assess separately out houses and
88. Determination of rateable value of portion of building.
lands and buildings assessable to 105. Powers of Commissioner to
taxes.
employ valuers.
89. Taxation of Union properties.
106. Recovery of tolls or taxes.
90. Incidence of taxes on lands and
107. Tax on vehicles and animals.
buildings.
108. Tax on whom leviable.
91. Apportionment of liability of taxes
on lands and buildings when 109. Exemption from taxes on vehicles
premises assessed are let or sublet. and animals.
Section Section
110. Levy of development tax. 129. Notice to be given of
circumstances in which remission
111. Amount of development tax. or refund is claimed.
112. Payment of development tax.
130. What building etc. are to be
113. Notice on completion of scheme. deemed vacant.
114. Assessment of development tax. 131. Notice to be given of every
occupation of vacant land or
115. Tax on advertisements.
building.
116. Prohibition of advertisement
without written permission of 132. Appeal against assessment etc.
Commissioner. 133. Conditions of right to appeal.
117. Permission of Commissioner to
134. Finality of appellate orders.
become void in certain cases.
118. Presumption in case of 135. Taxation not to be questioned
contravention. except under this Act.
119. Power of Commissioner in case of 136. Power to inspect for the purposes
contravention. of determining the rateable value
of tax or fee.
120. Fee on building applications.
137. Composition.
121. Time and manner of payment of
taxes or fees. 138. Irrecoverable debts.
122. Presentation of bill of tax or fee. 139. Obligation to disclose liability.
123. Consequences of the failure to pay
140. Power to amend list in certain
tax or fee within thirty days.
cases.
124. Manner of recovering tax or fee.
141. lmmaterial error not to affect
125. Power of seizure of vehicles and liability.
animals in case of non-payment of
tax thereon. 142. Powers of exemption.
126. Demolition etc. of building. 143. Powers of Government in regard

to taxes.
127. Remission or refund of tax on land
and building. CHAPTER IX
128. Powers to require entry in BORROWING
assessment list of details of
buildings. 144. Power of Corporation to borrow.
Section Section
145. Time for repayment of money 160. Mode of executing contracts.
borrowed under section 144.
CHAPTER XI
146. Form and effect of debentures.
ACCOUNTS AND AUDIT
147. Receipt by joint holders for the
161. Maintenance of Accounts.
interest or dividend.
162. Report by Audit agency.
148. Maintenance and investment of
sinking fund. 163. Action by Commissioner on the
Report.
149. Application of sinking funds.
164. Procedure to be followed by audit
150. Annual statement by agency.
Commissioner.
165 Power of auditor to make queries
151. Priority of payment for interest etc. and call for returns.
and repayment of loans over other
payment. CHAPTER XII
152. Attachment of Corporation Fund WATER SUPPLY, DRAINAGE

for recovery of money borrowed AND SEWAGE DISPOSAL
from the Government.
166. Definitions.
153. Power to make regulations.
167. Power to require Corporation to
154. Property vested in Corporation carry out surveys and formulate
and management of public proposals.
institutions.
168. Power to construct additional
CHAPTER X works.
PROPERTIES AND CONTRACTS 169. Functions in relation to water

supply.
155. Acquisition of immovable
170. Supply of water to connected
property by agreement.
premises.
156. Procedure when immovable
171. Power to supply water for non-
property cannot be acquired by
domestic purposes.
agreement
172. Making connection with
157. Disposal of property. municipal water works.
158. Contracts by Corporation. 173. Obligation of owner or occupier
to give notice of waste of water.
159. Procedure for making contracts.
Section Section
174. Cutting of supply to premises. 191. Power to drain group or block of
premises by combined operations.
175. New premises not to be occupied
without arrangement for water 192. Power of Commissioner to close
supply. or limit the use of private drain in
176. Public gratuitous water supply. certain cases.
177. Power to lay mains. 193. Use of drain by a person other

than owner.
178. Power to lay service pipes etc.
194. Sewage and rain water drains to
179. Provision of fire hydrants. be distinct.
180. Power to enter premises to detect
195. Powers of Commissioner to
waste or misuse of water.
require owner to carry out certain
181. Power to test water fittings. works for satisfactory drainage.
182. Power to close or restrict use of 196. Appointment of places for the
water from polluted source of emptying of drains and disposal
supply. of sewage.
183. Water pipes not to be placed where 197. Connection with water works and
water will be polluted. drains not ot be made without
184. Joint and several liability of permission.
owners and occupiers for offence
198. Buildings and private streets not
in relation to water supply.
to be erected or constructed over
185. Public drains etc. to vest in drains or water works without
Corporation. permission.
186. Control of drains and sewage 199. Right of user of property for
disposal works. aqueducts, lines etc.
187. Certain matters not to be passed 200. Power of owner of premises to
into municipal drains. place pipes and drains through
188. Application by owners and land belonging to other persons.
occupiers to drain into municipal
201. Railway administration be
drain.
informed in certain cases.
189. Drainage of undrained premises.
202. Power of Commissioner to
190. New premises not to be erected execute work after giving notice
without drainage. to the person liable to do so.
Section Section
203. Power of Commissioner to affix 217. Compulsory setting back of
shafts etc. for ventilation of drain building to regular line of streets.
or cesspool.
218. Acquisition of open land and
204. Power of Commissioner to land occupied by platforms etc.
examine and test drain etc. within a regular line of streets.
believed to be defective.
219. Acquisition of remaining part of
205. Employment of Government building and land after their
agencies for repairs etc. portions within regular line of
streets have been acquired.
206. Work to be done by licensed
plumber. 220. Setting forward of building to
regular line of street.
207. Prohibition of certain acts.
221. Compensation to be paid in certain
CHAPTER XIII
cases of setting back or setting
STREETS forward of buildings etc.
208. Vesting of public streets in 222. Owner’s obligation when dealing

Corporation. with land or building sites.
209. Functions of Commissioner in 223. Layout plans.

respect of public streets.
224. Alteration or demolition of street
210. Disposal of land forming site made in breach of section 223.
of public streets permanently.
225. Power of Commissioner to order
211. Power to make new public streets. work to be carried out or to carry
it out himself in default.
212. Minimum width of new public
streets. 226. Declaration of public streets.
213. Power to prohibit use of public 227. Prohibition of projection upon

streets for certain kinds of traffic. street etc.
214. Power to acquire land and 228. Projection over streets may be
buildings for public streets and permitted in certain cases.
for public parking places.
229. Ground floor door etc. not to open
215. Defining regular lines of streets. outwards on streets.
216. Setting back building to regular 230. Prohibition of structures, fixtures

line of streets. or deposit of things in streets.
Section Section
231. Special provision regarding streets 246. Sanction or refusal of building or
belonging to Government. work.
232. Power to remove anything 247. When building or work may be

deposited or exposed for sale in proceeded with.
contravention of this Act.
248. Sanction accorded under
233. Prohibition of tethering of animals misrepresentation.
and milking of cattle.
249. Building at corners of street.
234. Precautions during repairs of
streets. 250. Provisions as to buildings and
works on either side of new streets.
235. Streets not to be opened or broken
up and building materials not to 251. Period for completion of building
be deposited thereon without or work.
permission.
252. Prohibition against the
236. Deposal of things removed under inflammable materials for
this chapter. buildings etc. without permission.
237. Naming and numbering to streets. 253. Order of demolition and stoppage
of building and works in certain
238. Commissioner to take steps for cases and appeal.
repairing or enclosing places.
254. Order of stoppage of building or
239. Measures for lighting. works in certain cases.
240. Prohibition of removal, etc. of 255. Power of the Government to give
lamps. direction for compounding
CHAPTER XIV deviations from sanctioned plan.
BUILDING REGULATIONS 256. Power of Commissioner to require

alteration of work.
241. Definitions.
257. Completion certificate.
242. Prohibition of erection of building
without sanction. 258. Restrictions on use of buildings
and removal of dangerous
243. Erection of building. buildings.
244. Applications for additions to, or 259. Power to order building to be

repairs of building. vacated in certain circumstances.
245. Condition of valid notice. 260. Building Scheme.

Section Section
CHAPTER XV 275. Power of Commissioner to require
improvement of buildings unfit for
SANITATION AND PUBLIC human habitation.
HEALTH
276. Enforcement of notice requiring
261. Provision for daily cleansing of execution of works of
streets and removal of rubbish and improvement.
filth.
277. Power of Commissioner to order
262. Rubbish etc. to be property of demolition of buildings unfit for
Corporation. human habitation.
263. Provision for placement of 278. Insanitary huts and sheds.
receptacles, depots and places for
279. Prohibition against washing by
rubbish etc.
washerman.
264. Duty of owners and occupiers to
280. Obligation to give information of
collect and deposit rubbish etc.
dangerous disease.
265. Removal of rubbish etc. 281. Removal of patient to hospital
accumulated on premises used as suffering from dangerous disease.
factories, workshops, etc.
282. Disinfections of buildings and
266. Prohibition against accumulation articles.
of rubbish etc.
283. Destruction of infectious huts or
267. Commissioner ’s power to get sheds.
premises scavenged and cleansed.
284. Means of disinfection.
268. Public latrines, urinals, etc.
285. Special measures in case of out-
269. Construction of latrines and break of dangerous or epidemic
urinals. disease.
270. Latrines and urinals etc. in new 286. Infected clothes not to be sent to
buildings. washerman or to laundry.
271. Latrines and urinals for labourers etc. 287. Contamination and disinfection of
public conveyances.
272. Provision of latrines and urinals
for markets etc. 288. Driver of conveyance not bound
to carry persons suffering from
273. Other provisions as to private dangerous diseases.
latrines.
289. Disinfection of buildings before
274. Removal of congested building. letting the same.
Section Section
290. Disposal of infected articles 304. Registration and control of dogs.
without disinfection.
305. Stacking or collecting
291. Prohibition of making or selling inflammable materials.
of food, etc. or washing of clothes
by infected persons. 306. Care of naked lights.
292. Power to restrict or prohibit sale 307. Discharging fire works, fire arms etc.
of food or drink.
308. Power to require buildings, wells
293. Control over wells and tanks etc. etc. to be rendered safe.
294. Duty of persons suffering from 309. Enclosure of waste land used for
dangerous diseases. improper purposes.
295. Disposal of infectious corpse, CHAPTER XVII
where any person has died from
any dangerous disease. EXTINCTION AND
PREVENTION OF FIRE
296. Conditions of service of Safai
Karamcharies and certain other 310. Establishment and maintenance of
classes of persons employed in fire-brigade.
Corporation services.
311. Power of members of fire-
297. Power to call for information brigades and other persons for
regarding burning and burial suppression of fire.
ground.
312. Limitation on operation of this
298. Permission for use of new burning Chapter.
or burial ground.
CHAPTER XVIII
299. Power to require closing of
burning and burial grounds. MARKETS, SLAUGHTER
HOUSES, TRADES AND
300. Removal of corpses. OCCUPATION
301. Disposal of dead animals. 313. Provision of municipal markets
CHAPTER XVI and slaughter houses.
PUBLIC SAFETY AND 314. Use of municipal markets.

SUPPRESSION OF NUISANCES
315. Private markets and slaughter
302. Prohibition of nuisances. houses.
303. Power of Commissioner to require 316. Conditions of grant of license for

removal or abatement of nuisance. private market.
Section Section
317. Prohibition of keeping markets CHAPTER XIX
open without licence etc.
IMPROVEMENT
318. Prohibition on use of unlicensed
markets. 332. Improvement scheme.
333. Matters to be provided for in an
319. Prohibition of business and trade.
improvement scheme.
320. Levy of stallages, rent and fees. 334. Submission of improvement
321. Stallages, rent etc. to be published. scheme to the Corporation for
approval and to the Government
322. Butcher ’s, fishmonger ’s and for sanction.
poulterer’s licence.
335. Publication of the notice after
323. Factory etc. not to be established scheme is sanctioned.
without permission of the 336. Rehousing Scheme.
Commissioner.
337. Improvement scheme and
324. Premises not to be used for certain Rehousing scheme to comply
purposes without licence. with master plan and zonal
development plan.
325. Seizure of certain animals.
338. Provision of housing
326. Power of the Commissioner to
accommodation for the
prevent use of premises in
economically weaker sections.
particular area for the purposes
referred in section 324. CHAPTER XX
327. Licence for hawking articles etc. REGULATION OF FELLING
AND PLANTING TREES
328. Eating houses etc. not to be used
without license from Commissioner. 339. Prohibiting felling, cutting,
damaging, destroying any tree in
329. Licensing and control of theatre, any urban area.
circuses and places of public
amusement. 340. Constitution of Tree Authority.
330. Power of Commissionerto stop 341. Meeting of Tree Authority.

use of premises used in 342. Duties of Tree Authority.
contravention of licences.
343. Appointment of Tree Officer.
331. Power of Commissioner to inspect
places where unlawful slaughter of 344. Application for permission for
animals etc. is suspected. cutting, felling or removal of a tree.
Section Section
345. Permission for felling of tree. 362. Regard to be had to social or
religious usages.
346. Planting of adequate number of
trees. 363. Prohibition of obstruction or
molestation in execution of work.
347. Planting in place of fallen/
destroyed trees. 364. Public notice how to be made
known.
348. Responsibilities for preservation
of trees. 365. Newspaper in which advertisement
of notices to be published.
349. The recovery of expenditure on
366. Proof of content etc. of
failure to comply with orers for
Commissioner etc.
planting of trees.
367. Notices etc. to fix reasonable time.
350. Appeals.
368. Signature on notices etc. may be
351. Seizure. stamped.
352. Penalty. 369. Notice etc. by whom to be served
or issued.
353. Compounding of offences.
370. Service of notices, etc.
354. Operation of other laws not
barred. 371. Power in case of non-compliance
with notice, etc.
355. Power to make rules.
372. Liability of occupier to pay in
CHAPTER XXI default of owner.
POWER, PROCEDURE, 373. Execution of work by occupier in
OFFENCES AND PENALTIES default of owner and deduction of
expenses from rent.
356. Signature, conditions, duration,
suspension, revocation, etc. of 374. Relief to agents and trustees.
licences and written permissions.
375. General power to pay compensation.
357. Power of entry and inspection. 376. Compensation to be paid by
358. Power to enter land, adjoining offenders for damage caused by
land in relation to any work. them.
359. Breaking into building. 377. Mode of receiving certain dues.

378. Right of owner to apply to Court
360. Time of making entry.
of the District Judge in case of
361. Consent ordinarily to be obtained. obstruction by occupier.
Section Section
379. General powers and procedure of 395. Powers to make bye-laws.
the Court of District Judge.
396. Penalty for breaches of bye-laws.
380. Fees in proceeding before the
Court of District Judge. 397. Supplemental provisions respecting
bye-laws.
381. Repayment of half fee on
settlement before hearing. 398. Bye-laws to be available for
inspection and purchase.
382. Power of the Court of District
Judge to delegate certain powers CHAPTER XXIII
and to make rules.
CONTROL
383. Punishment for certain offences.
399. Power of Government to require
384. General Penalty. production of documents.
385. Offences by Companies. 400. Inspection.

386. Police establishment. 401. Powers to give directions.
387. Arrest of offenders. 402. Powers to provide for enforcement
of direction under section 398.
388. Powers to initiate legal
proceedings etc. and obtain legal 403. Power of revision.
advice.
404. Dissolution of Corporation.
389. Prosecution.
405. Delegation.
390. Composition of offences.
406. Validity of notices and other
391. Protection of action taken in good documents.
faith etc.
407. Admissibility of document or
392. Notice to be given of suits. entry as evidence.
CHAPTER XXII
408. Evidence of Corporation officer or
RULES, REGULATIONS AND employee.
BYE-LAWS
409. Prohibition against obstruction
393. Supplemental provision respecting of Mayor or any Corporation
rules. authority.
394. Supplemental provisions respecting 410. Prohibition against removal of

regulations. mark.
Section Section
411. Prohibition against removal or 427. Power to remove difficulties.
obliteration of notice.
428. Repeal of Act No. VIII, Samvat
412. Prohibition against unauthorised 2008.
removal of deposit, etc.
First Schedule.
413. Liability of Councillors.
414. Councillors and Corporation

officers and employees to be
public servants.
415. Annual Administration Report.
416. Construction of reference.
417. Special provisions as to rural areas.
418. Power to suspend any resolution

or order of the Corporation.
419. Power of Government to modify

proceedings.
420. Power of Government to withdraw

any area of Municipal area from
operation of Act.
421. District Planning and

Development Board.
422. Transitional provisions.
423. Provisions regarding officers and

employees.
424. Assets, liabilities, debts, obligations,

contracts and pending proceedings.
425. Provision for municipality or local

authority which is superseded.
426. Power to enquire and make report

about misconduct of certain
officer or official
THE JAMMU AND KASHMIR MUNICIPAL

CORPORATION ACT, 2000
[Received the assent of the Governor on 14th November, 2000 and

published in the Government Gazette dated 14th November, 2000].
An Act to amend and consolidate the law relating to the establishment of

Municipal Corporation for certain Municipal areas in the State of Jammu and
Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-

first year of the Republic of India as follows:––
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement. ––(1) This Act may be called
the Jammu and Kashmir Municipal Corporation Act, 2000.
(2) It extends to the whole of the State of Jammu and Kashmir excluding
the cantonment areas therein.
1
[(3) It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint :
Provided that different dates may be appointed for different provisions

of this Act and any reference in any such provisions to the commencement of
this Act shall be construed as reference to the coming into force of that
provision.]
2. Definitions.–– In this Act, unless the context otherwise requires:––
(1) “backward classes” means such classes of citizens other than

scheduled castes and scheduled tribes, as may be identified and
notified for the purpose of reservation for appointments or posts in
the services under the Government ;
1. Chapters I, II, V, section 79 of Chapter VII, Chapters XV, XVI, XVIII, XIX, XXI (except
section 386) and XXIII have come into force w.e.f. 18th February, 2003 vide SRO 46 of
2003 dated 18-02-2003.
(2) “budget-grant” means the total sum entered on the expenditure

side of a budget estimates under a major head and adopted by the
Corporation and includes any sum by which such budget grant may
be increased or reduced by transfer from or to other heads in
accordance with the provisions of this Act and the regulations made
thereunder ;
(3) “building” means a shop, house, out-house, stable, latrine, urinal,

shed, hut, wall or any other structure, whether of masonry, bricks,
wood, metal or other material and includes a well but does not
include any portable shelter ;
(4) “bye-laws” means a bye-law made under this Act, by notification

in the Government Gazette ;
(5) “Casual vacancy” means a vacancy occurring otherwise than by

efflux of time in the office of a Councillor or in any other elective
office ;
(6) “Chief Electoral Officer” means the Chief Electoral Officer of the
State ;
(7) “Commissioner” means the Commissioner of the Corporation

appointed by the State Government ;
(8) “Corporation” means the Municipal Corporation declared and

constituted under sections 3 and 4 of this Act ;
(9) “Corrupt practice” means any of the practices specified in section 21 ;
(10) “dangerous disease” means––
(a) cholera, plague, chicken-pox, small-pox, tuberculosis,

leprosy, enteric fever, cerebro-spinal meningitis and
diphtheria ; and
(b) any other epidemic, endemic or infectious disease which the

Commissioner may, by notification, in the Government
Gazette, declare to be dangerous disease for the purpose of
this Act ;
(11) “Director” means the Director of Urban Local Bodies appointed

by the Government ;
(12) “District” means a district in the State ;
(13) “District Judge” means the District Judge having jurisdiction over
the municipal area ;
(14) “District Planning and Development Board” means the Board

constituted under section 45 of the Jammu and Kashmir Panchayati
Raj Act, 1989 at the district level to consolidate the plans prepared
by the panchayats and the municipalities in the district and to
prepare a draft development plan of the district as whole ;
(15) “Divisional Commissioner” means the Commissioner of the

Division in which the Corporation is situated and includes any other
officer appointed by the Government to perform all or any of the
functions of the Divisional Commissioner under this Act ;
(16) “drain” includes a sewer, a house drain, a drain of any other

description, a tunnel, a culvert, a ditch, a channel and any other
device for carrying of sewage, offensive matter, polluted water,
waste water, rain water or sub-soil water ;
(17) “dry latrine” means a latrine or privy from where night soil is
removed through manual scavenging ;
1
[(17-a) “economically weaker section” means such class of persons, being
permanent residents of the State, as may be notified by the
Government from time to time, for the purpose of providing housing
sites of the dimension 4 meter x 7.5 meter and carpet area within
the range of 25 square meters to 30 square meters] ;
(18) “entertainment” includes any exhibition, performance, amusement,

game or sport which persons are ordinarily admitted on payment ;
(19) “factory” means a factory as defined in the Factories Act, 1948 ;
(20) “filth” includes offensive matter and sewage ;
(21) “Finance Commission” means the Finance Commission constituted

by the Government under section 249 of the Jammu and Kashmir
Municipal Act, 2000 ;
2
[(21-a) “floor space index” means the area that can be constructed on a
piece of land divided by the total area of the land] ;
1. Clause (17-a) inserted by Act No. XIII of 2012, s.5.
2. Inserted ibid.
(22) “goods” includes animals ;
(23) “Government” means the Government of the State of Jammu and

Kashmir ;
1
[(23-a) “group housing” means more than two buildings on a plot with one
or more floors and with one or more dwelling units in each floor] ;
(24) “house gully” or “serving passage” means a passage or strip of

land constructed, set apart or utilised for the purpose of serving as
or carrying a drain or affording access to a latrine, urinal, cesspool
or other receptacle for filth or other polluted matter, by Corporation
employees or other person employed in the cleaning thereof or in
the removal of such matter therefrom ;
(25) “hut” means any building which is constructed principally of wood,

bamboo, mud, leaves, grass, cloth or thatch and includes any structure
of whatever material made which Corporation may declare to be a
hut for the purpose of this Act ;
(26) “land” includes benefits that arise out of land, things attached to the
earth or permanently fastened to anything attached to the earth and
rights created by law over any street ;
(27) “licensed architect” , “licensed draftsmen” , “licensed engineer” ,

“licensed plumber” , “licensed surveyor” , and “licensed town
planner” means respectively a person licensed under the provisions
of this Act as an architect, draftsman, engineer, plumber, surveyor
and town planner ;
2
[(27-a) “low income group” means such class of persons, being permanent
residents of State, as may be notified by the Government from time
to time, for the purpose of providing housing sites which may be of
dimension 4.5 meter x 10 meter and floor area of not exceeding 50
square meter in case of flatted accommodation] ;
(28) “member” in relation to the Corporation means a Councillor

thereof ;
(29) “municipal area” means the territorial area of the Corporation

declared under section 3 of this Act ;
1. Clause (23-a) inserted by Act No. XIII of 2012, s. 5.
2. Clause (27-a) inserted ibid.
(30) “municipal drain” means a drain vested in the Corporation ;
(31) “municipal market” means market vested in or managed by the

Corporation ;
(32) “municipal slaughter house” means a slaughter house vested in or

managed by the Corporation ;
(33) “municipal water works” means water works vested in the

Corporation ;
(34) “municipality” means an institution of self-Government constituted

under section 3 of the Jammu and Kashmir Municipal Act, 2000
which may be a Municipal Committee or a Municipal Council or a
Municipal Corporation ;
(35) “nuisance” includes any act, omission, place, animal or a thing

which causes or is likely to cause injury, danger, annoyance or
offence to the sense of sight, smell or hearing or disturbance to
rest or sleep or which is or may be dangerous to life or injurious to
health or property ;
(36) “occupier” includes––
(a) any person who for the time being is paying or is liable to pay to the
owner the rent or any portion of the rent or any portion of the land
or building in respect of which such rent is paid or is payable ;
(b) an owner in occupation of, or otherwise using his land or building ;
(c) a rent-fee tenant of any land or building ;
(d) a licensee in occupation of any land or building ; and
(e) any person who is liable to pay to the owner damages for the
use and occupation of any land or building ;
(37) “offensive matter” includes animal carcasses, kitchen or stable refuse,

dung, dirt and putrid or putrefying substances, other than sewage ;
(38) “owner” includes a person who for the time being is receiving or is
entitled to receive, the rent of any land or building whether on his
own account or on account of himself and other or as an agent, trustee,
guardian or receiver or any other person who should so receive the

rent or be entitled to receive it if the land or building or part thereof
were let to a tenant ;
(39) “population” means the population as ascertained at the last preceding

census of which the relevant figures have been published ;
(40) “premises” means any land or building or part of a building and

includes:––
(a) the garden, ground and out-house, if any, appertaining to a

building or part of a building ; and
(b) any fittings affixed to a building or part of a building for the

more beneficial enjoyment thereof ;
(41) “prescribed” means prescribed by rules made under this Act ;
(42) “private market” means a market which is not a municipal market ;
(43) “private slaughter house” means a slaughter house which is not a

municipal slaughter house ;
(44) “private street” means any street, which is not a public street and
includes any passage securing access to two or more places
belonging to the same or different owners ;
(45) “public place” means any place which is open to the use and
enjoyment of the public, whether it is actually used or enjoyed by
the public or not ;
(46) “public securities” means any securities of the Central Government

or a *[State] Government or any securities guaranteed by the Central
Government or a State Government or any securities issued under
this Act ;
(47) “public street” means any street which vests in the Corporation or
which under the provisions of this Act becomes, or is declared to be
a public street ;
* The word “State” does not exist in the original Act. It has been inserted by the Author so that the
Administrative Department takes note of it and initiates move for making necessary amendment
in the Principal Act.
(48) “railway administration” would have the same meaning as assigned

to it in the Indian Railway Act, 1890 ;
(49) “rateable value” means the value of any land or building fixed in
accordance with the provisions of this Act and the bye-laws made
thereunder for the purpose of assessment to property taxes ;
(50) “regulation” means a regulation made by the Corporation under

this Act, by notification, in the Government Gazette ;
(51) “reside” : ––
(a) a person shall be deemed to “reside” in any dwelling house

which or some portion of which he sometimes, although not
uninterruptedly uses as a sleeping apartment ; and
(b) a person shall not be deemed to cease to “reside” in any such

dwelling house merely because he is absent from it or has
elsewhere another dwelling house in which he resides, if there
is, liberty of returning to it at any time, and no abandonment
of the intention of returning to it ;
(52) “rubbish” includes ashes, broken bricks, broken glass, dust, mulba,
mortar and refuse of any kind which is not filth ;
(53) “rural areas” means the part of the municipal area which
immediately before their inclusion within the limits of the municipal
areas were situated within the local limits of a Gram Panchayat but
shall not include such portion thereof, as may, by virtue of a
notification under section 417 cease to be included in the rural
areas as herein defined ;
(54) “Scheduled Castes” shall have the same meaning as assigned to it

in clause (24) of Article 366 of the Constitution of India ;
(55) “Scheduled Tribes” shall have the same meaning as assigned to it

in clause (25) of Article 366 of the Constitution of India ;
(56) “sewage” means night soil and other contents of latrines, urinal,
cesspools or drains and polluted water from sinks, bathrooms,
stables, cattle sheds and other like places, and includes trade
effluents and discharges from manufactures of all kinds ;
(57) “ shed” means a slight or temporary structure for shade or

shelter ;
1
[(57-a) “shelter fee” means fee levied and collected in lieu of the reservation
of land or floor area, as the case may be, being an amount equal to
the market value of the land or floor area determined on the basis of
the rates notified by the Government, which is required to be reserved
for the economically weaker sections and the lower income groups ;
(58) “slaughter house” means any place ordinarily used for the slaughter
of animals for the purpose of selling the flesh thereof for human
consumption ;
(59) “Special Tribunal” means the Tribunal constituted under section

4 of the Jammu and Kashmir Special Tribunal Act, 1988 ;
(60) “street” shall mean any road, footway, square, court alley, gully or
passage, accessible whether permanently or temporarily to the
public and whether a thoroughfare or not, and shall include every
vacant space, notwithstanding that it may be private property and
partly or wholly obstructed by any gate, post chain or other barrier,
if houses, shops or other buildings abut thereon, and if it is used by
any person as means of access to or from an public place or
thoroughfare, whether such persons be occupiers of such buildings
or not, but shall not include any part of such space which the
occupier of any such building has right at all hours to prevent all
other persons from using as aforesaid and shall include also the
drains or gutters therein, or either side or the land, whether covered
or not by any pavement, verandah or other erection, up to the
boundary of any abutting property, not accessible to the public ;
(61) “trade effluent” means any liquid either with or without particles of
matter in suspension therein, which is wholly or in part produced in
the course of any trade or industry carried on at trade premises *[and
in relation to any trade premises] means any such liquid as aforesaid
which is so produced in the course of any trade or industry carried
on at those premises, but does not include domestic sewage ;
(62) “trade premises” means any premises used or intended to be used

for carrying on any trade or industry ;
* To make the definition complete the words “and in relation to any trade premises” should
be there. Administrative Department (Housing and Urban Development) may take note of it
and move proposal for amending clause (61) accordingly. .... .....(Author).
1. Clause (57-a) inserted by Act No. XIII of 2012, s. 5.
(63) “trade refuse” means the refuse of any trade or industry ;
(64) “vehicle” includes a carriage, cart, van, dray, truck, hand-cart,

bicycle, tricycle, cycle rickshaw, auto-rickshaw, motor vehicle and
every wheeled conveyance which is used or is capable of being
used on a street ;
(65) “ward” means a municipal ward of the Corporation made under

sub-section (2) of section 4 of this Act for the purpose of election
of a member ;
(66) “water course” includes any river, stream or channel whether natural
or artificial ;
(67) “water seal latrine” means a latrine with a minimum water seal of
20 mm in which excreta is pushed in or flushed by water and is not
required to be removed by human agency ;
(68) “water works” includes all lakes, tanks, streams, cisterns, springs,
pumps, wells, reservoirs, aqueducts, water trucks, sluices, main
pipes, culverts, hydrants, stand-pipes and conduits and all lands,
buildings, machinery, bridges and things used for, or intended for
the purpose of supplying water ;
(69) “workshop” means any premises (including the precincts thereof)

other than a factory, wherein any industrial process is carried
on ; and
(70) “year” means a year commencing on the 1st day of April.
CHAPTER II
CONSTITUTION OF CORPORATION
3. Declaration of Municipal area as Corporation. ––(1) For the purposes

of this Act, the area comprised within the limits of the municipal area of Jammu
and Srinagar shall be limits of Municipal Corporation of Jammu and Srinagar
respectively.
(2) The Government may, from time to time, by a notification in the

Government Gazette, declare any municipality to be a Corporation ; provided
that no municipality shall be so declared to be a Corporation unless the
population thereof exceeds four lacs.
(3) The Government may, from time to time, after consultation with the
Corporation, by notification in the Government Gazette, alter the limits of the
municipal area of the Corporation declared under sub-section (1) and (2) so as
to include therein or exclude therefrom such areas as may be specified in the
notification.
(4) When the limits of the municipal area are altered, so as to include
therein any area, except as the Government may otherwise by notification direct,
all rules, regulations, notifications, bye-laws, orders, directions and powers
issued or conferred and all taxes imposed under this Act and in force in the
municipal area, shall apply to such area.
(5) When a local area is excluded from the Corporation under sub-section
(3),––
(a) this Act and all notifications, rules, bye-laws, orders, directions
and powers issued, made or conferred under this Act, shall cease
to apply thereto ; and
(b) the Government shall after consulting the Corporation, frame a

scheme determining what portion of the balance of the Corporation
fund and other property vesting in the Municipal Corporation shall
vest in the Government and in what manner the liabilities of the
Corporation shall be apportioned between the Corporation and the
Government, and on the scheme being notified the property and
liabilities shall vest and be apportioned accordingly.
4. Incorporation and constitution of Corporation. ––(1) The Corporation

shall be a body corporate having perpetual succession and common seal with
powers subject to the provisions of this Act, to acquire, hold and dispose of
property and may by the said name sue and be sued.
(2) Save as provided in sub-section (3), all seats in the Corporation shall
be filled by persons chosen by direct election from the territorial constituencies
in the municipal area and for this purpose the municipal area shall, by a
notification issued in this behalf, be divided into territorial constituencies to
be known as wards.
(3) In addition to the persons chosen by direct election from the territorial
constituencies, the Government may, by notification, nominate the following
categories of persons as Councillors of the Municipal Corporation :––
(i) three persons having special knowledge or experience in municipal

administration ; and
(ii) members of the Legislative Assembly representing constituencies

which comprise wholly or partly the municipal area :
Provided that the persons referred to in clause (i) above shall not have
the right to vote in the meetings of the Corporation.
(4) After the commencement of this Act, all powers and duties conferred
and imposed upon the Corporations by or under this Act or any other law,
shall be exercised and performed by the Commissioner for a period not
exceeding 1[two years] or till a Corporation is constituted under the provisions
of this Act, whichever is earlier.
5. Duration of the Corporation. ––(1) The Corporation, unless sooner

dissolved under section 404 of this Act, shall continue for five years from the
date appointed for its first meeting.
(2) An election to constitute the Corporation shall be completed––
(a) before the expiry of its duration specified in sub-section (1) ;
(b) before the expiration of a period of six months from the date of its
dissolution :
Provided that where the remainder of the period for which the dissolved
Corporation would have continued is less than six months, it shall not be
necessary to hold any election under this section for constituting the Corporation
for such period :
2
[Provided further that the first election to a Corporation constituted after
the commencement of the Act shall be held within a period of 3[two years] of
its constitution].
(3) A Corporation constituted upon its dissolution before the expiration

of its duration shall constitute only for the remainder of the period for which
the dissolved Corporation would have continued under sub-section (1) had it
not been so dissolved.
6. Delimitation of wards.–– For the purposes of elections of Councillors

the Deputy Commissioner shall, in accordance with such rules as may be
prescribed by the Government :––
1. Substituted for the words “one year” by Act No. XI of 2004, s. 2, w.e.f. 14.02.2004. For
earlier amendment see Act No. V of 2004, s. 2.
2. Proviso inserted by Act No. V of 2004, s. 3, w.e.f. 14.08.2003.
3. Substituted for the words “one year” by Act No. XI of 2004, s. 3.
(a) divide the municipal area into wards in such a manner that––
(i) one Councillor shall be elected from each ward ; and
(ii) as far as possible the population in each ward shall be equally

distributed :
Provided that the population in each ward shall not be less than 7500
and the number of total seats to be filled by direct election shall not exceed
seventy five ;
(b) determine the territorial extent of each ward ; and
(c) determine the ward or wards in which seats are reserved under this
Act.
7. Qualification for Councillors.–– A person shall not be qualified to be

chosen as a Councillor, unless :––
(a) he is a permanent resident of Jammu and Kashmir State ;
(b) he has attained the age of eighteen years ; and
(c) his name is registered as an elector in the electoral roll of any ward
in the municipal area.
8. Disqualification of Councillor. ––(1) A person shall be disqualified

for being chosen as, and for being, a Councillor of the Corporation––
(a) if he is so disqualified by or under any law for the time being in

force for the purposes of election to the Legislature of the State :
Provided that no person shall be disqualified on the ground that he is

less than 25 years, if he has attained the age of 18 years ;
(b) if he is so disqualified by or under any law made by the Legislature

of the State ;
(c) if he is of unsound mind and stands so declared by a competent

court ;
(d) if he is an undischarged insolvent ;

(e) if he is not citizen of India, or has voluntarily acquired the

citizenship of a foreign State, or is under an acknowledgment of
allegiance or adherence to a foreign State ;
(f) if he has, in proceedings for questioning the validity or regularity

of an election, been found to have been guilty of––
(i) any corrupt practice under section 21 of this Act ;
(ii) any offence punishable under section 171-E or 171-F of the

Jammu and Kashmir State Ranbir Penal Code, Samvat 1989
or any offence punishable under section 29 or clause (a) of
sub-section (2) of section 30 of this Act ; unless a period of
six years has elapsed since the date of finding ;
(g) if he has been sentenced or convicted by a criminal court to

imprisonment for an offence involving moral turpitude, unless a
period of six years has elapsed since his conviction ;
(h) if he holds any office of profit under the Government *[or the
Municipal Corporation] ;
(i) if he is a licensed architect, draftsman, engineer, plumber, surveyor

or town planner or is a partner of a firm of which any such licensed
person is also partner ;
(j) if he holds any office of profit under *[the Government or] the
Municipal Corporation ;
(k) if he is interested in any subsisting contract made with, or any work

being done for the Corporation except as a share holder (other than
a director) in an incorporated company or as a member of a co-
operative society ;
(l) If he is retained or employed in any professional capacity either

personally or in the name of a firm of which he is a partner or with
which he is engaged in a professional capacity, in connection with
any cause or proceeding which the Corporation or any of municipal
authorities is interested or concerned ;
* Clause (j) has unnecessarily been repeated when the words already exist in clause (h). In
fact, in clause (h), the words “or the Municipal Corporation” and in clause (j), the words
“the Government or”, need to be omitted. In the alternative one of the clauses needs to be
omitted completely. Housing and Urban Development Department may take note of it and
move proposal for necessary amendment. ...... ..... ....(Author).
(m) if he, having held any office under the Government, the Corporation
or any other local authority, any Government company or any
corporate body owned or controlled by the Government, has been
dismissed from service ;
(n) if he has encroached upon or is a beneficiary of the encroachment

upon any land belonging to, or taken on lease or requisitioned by
or on behalf of, the Government, a Municipality, a Panchayat, Co-
operative society or any other local authority, unless a period of
six years has elapsed since the date on which he is ejected therefrom
or he ceases to be the encroacher.
Explanation:––For the purpose of this clause the expression “beneficiaries”

shall include the spouse and legal heirs of the encroachers ;
(o) if he is registered as a habitual offender under any existing law of

State ;
(p) if he has been ordered to give security for good behaviour under
section 110 of the Code of Criminal Procedure, Samvat 1989 ;
(q) if he fails to pay any arrears of any kind due to him, otherwise than
as an agent, receiver, trustee or an executor to the Corporation
within three months after a notice in this behalf has been served
upon him ;
(r) if he is in the employment or service under any Panchayat or of

any other local authority or co-operative society or the Government
or Central Government or any public sector undertaking under the
control of the Central or the State Government.
Explanation:––For the purposes of this clause the expression “service” or

“employment” shall include persons appointed, engaged or
employed on whole term, casual, daily or contract basis.
(2) Notwithstanding anything contained in sub-section (1), ––
(a) a disqualification under clause (g) of sub-section (1) shall not take
effect until three months have elapsed since the date of such
disqualification or if within these three months an appeal or petition
for revision is brought in respect of the conviction or sentence until
that appeal or petition is disposed of ;
(b) a person shall not be deemed to have incurred any disqualification

under clause (h) or clause (i) of sub-section (1) by reason only of
his receiving :––
(i) any pension ; or
(ii) any allowance or facility for serving as a Mayor or Deputy

Mayor or as a Councillor ; or
(iii) any fee or attendance at a meeting of any committee of the

Corporation ;
(c) a person shall not be deemed to have any interest in a contract or

work such as is referred to in clause (k) of sub-section (1) by reason
only of his having a share or interest in––
(i) any lease, sale, exchange, purchase of immovable property

or any agreement for the same ; or
(ii) any agreement for the loan of money or any security for the
payment of money only ; or
(iii) any newspaper in which any advertisement relating to the

affairs of the Corporation is inserted ; or
(iv) the sale to the Corporation or to any other municipal authority

or any officer or other employee of the Corporation on behalf
of the Corporation of any article in which he regularly trades
or the purchase from the Corporation or from any such
authority, officer or other employee on behalf of the
Corporation of any article of a value in either case not to
exceeding five thousand rupees in the aggregate in any year
during the period of the contract or work ; or
(v) the letting out on hire to the Corporation or the hiring from
the Corporation of any article not exceeding two thousand
rupees in the aggregate in any year during the period of the
contract or work ; and
(vi) any agreement or contract with the Corporation or any other

municipal authority for taking water or any other thing which
the Corporation may generally supply.
(3) If a person sits or votes as a Councillor of the Corporation when he is

not qualified or when he is disqualified for such Councillorship, he shall be
liable in respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as arrears of tax under this Act.
(4) If any question arises as to whether a Councillor of the Corporation

has become subject to any of the disqualifications mentioned in sub-section (1),
the question shall be referred for the decision of such authority and in such
manner as the Government may by notification provide.
(5) If a person who is chosen as a Councillor of the Corporation,

becomes a member of the House of the People, the Council of States, the
Legislative Assembly or the Legislative Council, or is or becomes member
of a Municipality, or a panch of a Panchayat, then at the expiration of a
period of fifteen days from the date of publication of the election result, 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 State, the
State Legislative Assembly or member of the Municipality, or panch of a
Panchayat, his seat in a Corporation shall become vacant, unless he has
previously resigned his seat in the House of People, the Council of the States,
the Legislative Assembly, the Legislative Council, the Panchayat or the
Municipally, as the case may be.
Explanation:––For the purpose of sub-section (5) the expression “Panch of

the Panchayat” shall have the same meaning as is assigned to
it under clause (m) of sub-section (1) of section 2 of the Jammu
and Kashmir Panchayati Raj Act, 1989, and shall include a
Sarpanch and Naib-Sarpanch.
9. Election to the Corporation. ––(1) The superintendence, direction

and control of the preparation of election rolls, delimitation of wards,
reservation and allotment of seats by rotation for, and the conduct of all
elections to the Corporation, shall be vested in the Chief Electoral Officer.
(2) The Government as well as the Corporation shall, when so requested

by the Chief Electoral Officer, make available to the Chief Electoral Officer
such staff as may be necessary for the discharge of the functions conferred on
the Chief Electoral Officer by sub-section (1).
(3) The Electoral Authority shall frame its own rules and lay down its
own procedure.
10. Reservation of Seats.–– Should the Government 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 more than five
Councillors in addition to seventy five seats.
1
[10-A. Reservation of seats for certain categories. ––(1) Seats shall be
reserved for the Scheduled Castes and the Scheduled Tribes in every
Corporation in proportion to the total population of the Scheduled Castes and
Scheduled Tribes in the area falling under the Municipal Corporation and such
seats may be allotted by rotation to different constituencies in a Corporation.
(2) Not less than one-third of the total number of seats reserved under
sub-section (1) shall be reserved for women belonging to the Scheduled Castes
or the Scheduled Tribes, as the case may be.
(3) Not less than one-third (including the number of seats reserved for
women belonging to the Scheduled Castes and the Scheduled Tribes) of the
total number of seats to be filled by direct election in the Corporation shall be
reserved for women and such seats may be allotted by rotation to different
constituencies in the Corporation.
2
[(3-A) A person who becomes a member or an office bearer of a
Corporation on production of a false Scheduled Caste or Scheduled Tribe
Certificate, shall be disqualified from the date on which it is found that he had
become such member or office bearer on the basis of such false caste certificate
and shall continue to be disqualified for further period of six years].
(4) The Deputy Commissioner concerned or the Chief Electoral Officer,

as the Government may appoint in this behalf, shall be the competent authority
for purposes of this Act].
11. Right to vote. ––(1) For every municipal area there shall be a list of
voters which shall be prepared in accordance with the provisions of the Act
and the rules made thereunder.
(2) Every person who is qualified to be registered in Legislative Assembly

roll relatable to the municipal area or whose name is entered therein and
ordinarily resident within the municipal area shall be entitled to be registered
in the list of voters of that municipal area :
1. Section 10-A inserted by Act No. XIV of 2005, s. 2, w.e.f. 28.09.2004.
2. Sub-section (3-A) inserted by Act No. IX of 2006, s. 3.
Provided that no person shall be entitled to be registered in the list of

voters for more than one ward of the municipal area.
Explanation I:––The expression “ordinarily resident” shall have the meaning

assigned to it in section 16 of the Jammu and Kashmir
Representation of the People Act, 1957 subject to the
modification that reference to “constituency” therein will be
constructed as reference to “municipal area”.
Explanation II:––A person shall be disqualified for registration in the list of

voters of the municipal area if he is disqualified for the
registration in the Legislative Assembly roll.
12. Filling of casual vacancies. ––(1) Whenever a vacancy occurs by

death, resignation or removal, or by vacation of a seat for any other reason, the
vacancy shall be filled within six months of the occurrence of such vacancy :
Provided that no election shall be held to fill a casual vacancy occurring

within six months prior to the holding of a general election.
(2) Every person elected or nominated to fill a casual vacancy shall

be elected or nominated to serve for the remainder of his predecessor ’s
term of office.
(3) If the vacancy be a vacancy reserved for any category, the vacancy
will be filled from the same category.
13. Publication of results of elections.–– The names of all persons elected

as Councillors shall, as soon as may be after such election, be published by the
Chief Electoral Officer in the Government Gazette :
Provided that the names of all the councillors elected at a general election
shall be so published as far as possible simultaneously.
14. Election Petition. ––(1) No election of a Councillor shall be called

in question except by an election petition presented to the District and Sessions
Judge or any other Judge designated for this purpose hereinafter in this Chapter
referred to as the prescribed authority within thirty days from the date of the
publication of the results of the election under section 13.
(2) An election petition calling in question any such election may be

presented on one or more of the grounds specified in section 16, by any
candidate at such election or by any elector of the ward concerned.
(3) A petitioner shall join as respondents to his petition all the candidates
at the election.
(4) An election petition:––
(a) shall contain a concise statement of the material facts on which the
petitioner relies ;
(b) shall, with sufficient particulars, set forth the ground or grounds
on which the election is called in question ; and
(c) shall be signed by the petitioner and verified in the manner laid
down in the Code of Civil Procedure, Samvat 1977, for the
verification of pleadings.
15. Relief that may be claimed by the petitioner.–– A petitioner may

claim:––
(a) a declaration that the election of all or any of the returned candidates
is void ; and
(b) in addition thereto, a further declaration that he himself or any

other candidate has been duly elected.
Explanation:–– The expression “returned candidate” means a candidate whose name

has been published in the Government Gazette under section 13.
16. Grounds for declaring election to be void. ––(1) Subject to the

provisions of the sub-section (2), if the prescribed authority is of the opinion––
(a) that on the date of his election a returned candidate was not qualified
or was disqualified, to be chosen as a Councillor ; or
(b) that any corrupt practice has been committed by a returned

candidate or his agent or by any person with the consent of a
returned candidate or his agent ; or
(c) that any nomination paper has been improperly rejected ; or
(d) that the result of the election in so far as it concerns returned

candidate, has been materially affected––
(i) by the improper acceptance of any nomination ; or

(ii) by any corrupt practice committed in the interest of the

returned candidate by a person other than the candidate or
his agent or a person acting with the consent of such candidate
or agent ; or
(iii) by the improper acceptance or refusal of any vote or reception

of any vote which is void ; or
(iv) by the non-compliance with the provisions of this Act or any

rules or orders made thereunder,
it shall declare the election of the returned candidate to be void.
(2) When a returned candidate or any of his agents, has been alleged to
be guilty of any corrupt practice but the prescribed authority is satisfied––
(a) that no such corrupt practice was committed at the election by the
candidate, or such corrupt practice was committed contrary to the
order, and without the consent of the candidates ;
(b) that the candidate took all reasonable means for preventing the
commission of corrupt practices at the election ; and
(c) that in all other respects the election was free from any corrupt
practice on the part of the candidate or any of his agents,
it may decide that the election of the returned candidate is not void.
17. Procedure to be followed by the prescribed authority.–– The

procedure provided in the Code of Civil Procedure, Samvat 1977, in regard to
suits shall be followed by the prescribed authority in the trial and disposal of
an election petition under this Act.
18. Decision of prescribed authority. ––(1) Subject to the provisions of

this Act and of any rules made thereunder every election petition shall be
decided by the prescribed authority within a period of six months from the
date of its presentation under section 14 and at the conclusion of the hearing
of an election petition, the prescribed authority shall make an order––
(a) dismissing the election petition ; or
(b) declaring the election of all or any of the returned candidates to be

void ; or
(c) declaring the election of all or any of the returned candidates to

be void and the petitioner and any other candidates to have been
duly elected.
(2) If any person who has filed an election petition has, in addition to
calling in question the election of the returned candidate, claimed declaration
that he himself or any other candidate has been duly elected and the prescribed
authority is of the opinion––
(a) that in fact the petitioner or such other candidate received a majority
of the valid votes ; or
(b) that but for the vote obtained by the returned candidate the
petitioner or such other candidate would have obtained a majority
of the valid votes, the prescribed authority shall after declaring
the election of the returned candidate to be void, declare the
petitioner or such other candidate, as the case may, be, to have
been duly elected.
19. Procedure in case of equality of votes. ––(1) If during the hearing of

an election petition it appears that there is an equality of votes between any
candidate at the election and that the addition of a vote would entitle any of
those candidate to be declared elected, then the prescribed authority shall decide
between them by lots and proceed as if the one on whom the lot falls had
received an additional vote.
20. Finality of decision. ––(1) Save as otherwise provided, an order of

the prescribed authority on an election petition shall be final.
(2) An election of a Councillor not called in question in accordance with

the foregoing provisions shall be deemed to be a good and valid election.
(3) Any person aggrieved by the order of the prescribed authority may
file an appeal before the High Court, within a period of thirty days from the
date of the order and the High Court shall hear and dispose of the appeal
within a period of ninety days.
21. Corrupt practices.–– The following shall be deemed to be corrupt

practices, namely :––
(i) bribery as defined in section 132 of the Jammu and Kashmir

Representation of the People Act, 1957 ;
(ii) undue influence as defined in sub-section (2) of section 132 of the

Jammu and Kashmir Representation of the People Act, 1957 ;
(iii) an appeal by a candidate or agent or by any other person with the

consent of the candidate or his election agent to vote or refrain
from voting on ground of caste, race, community or religion or the
use of or appeal to, religious symbols or, the use of or appeal to,
national symbols such as the national flag or the national emblem,
for the furtherance of the prospects of that candidate’s election ;
(iv) the publication by a candidate or his agent or by any other person

with the consent of the candidate or his election agent of any
statement of fact which is false, and which he either believes to be
false or doesn’t believe to be true, in relation to the personal
character or conduct of any candidate, or in relation to the
candidature, or withdrawal from contest of any candidate being a
statement reasonable calculated to prejudice the prospects of that
candidate’s election ;
(v) the hiring or procuring, whether on payment or otherwise, of any

vehicle or vessel by a candidate or his agent or by any other person
with the consent of the candidate or his election agent for conveyance
of any elector (other than the candidate himself, and the members of
his family or his agent) to or from any polling station provided in
accordance with the rules made under this Act :
Provided that the hiring of a vehicle or vessel by an elector or by several

electors at their joint cost for the purpose of conveying him or them to or from
any such polling station shall not be deemed to be a corrupt practice under this
clause, if the vehicle or vessel so hired is a vehicle or vessel not propelled by
mechanical powers :
Provided further that the use of any public transport vehicle or vessel or
any railway carriage by an elector at his own cost for the purpose of going to
or coming from any such polling station shall not be deemed to be a corrupt
practice under this clause ;
Explanation:––In this clause the expression “vehicle” means any vehicle used
or capable of being used for the purpose of road transport
whether propelled by mechanical power or otherwise and
whether used for drawing other vehicles or otherwise.
(vi) the holding of any meeting in which intoxicating liquors are

served ;
(vii) the issuing of any circular, placard or poster having a reference to

the election which doesn’t bear the name and address of the printer
and publisher thereof ;
(viii) any other practice which the Government may by rules specify to
be corrupt practice.
22. Maintenance of secrecy of voting. ––(1) Every officer or official, agent

or other person who performs any duty in connection with the recording or counting
of votes at an election, shall maintain and aid in maintaining the secrecy of the
voting and shall not (except for some purpose authorised by or under any law)
communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall
be punishable with imprisonment for a term which may extend to three months
or with fine, or with both.
23. Offences, etc. at elections not to act for candidates or to influence

voting. ––(1) No person who is returning officer, or an assistant returning officer
or a presiding officer or polling officer at an election or an officer or official
appointed by the returning officer or the presiding officer to perform any duty
in connection with an election or a member of a police force, shall, in the
conduct or management of the election do any act (other than the giving of
votes) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid shall endeavour––
(a) to persuade any person to give his vote at an election ; or
(b) to dissuade any person for giving his vote at an election ; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or

sub-section (2) shall be punishable with imprisonment for a term which may
extend to six months or with fine, or with both.
24. Prohibition of canvassing in or near polling station and of public

meeting on election duty. ––(1) No person shall, on the date or dates on which
the poll is taken at any polling station, commit any of the following acts within
the polling station, or in any public or private place within a distance of one
hundred meters of the polling station, namely :––
(a) canvassing for votes ; or
(b) soliciting the votes of any elector ; or
(c) persuading any elector not to vote for any particular candidate ; or
(d) persuading any elector not to vote at the election ; or
(e) exhibiting any notice or sign (other than an official notice) relating
to the election.
(2) No person shall convene, hold or attend any public meeting within
any ward on the date and dates on or at any time within twenty-four hours,
preceding the start of the poll for an election in that ward.
(3) Any person who contravenes the provisions of sub-section (1) or

sub-section (2) shall be punishable with fine which may extend to two hundred
and fifty rupees.
(4) An offence committed under sub-section (1) or sub-section (2) shall

be cognizable.
25. Penalty for disorderly conduct in or near polling station. ––(1) No

person shall on the date or dates on which a poll is taken at any polling
station :––
(a) use or operate within or at the entrance of the polling station or in

any public or private place in the neighbourhood thereof any
apparatus for amplifying or reproducing the human voice, such as
a megaphone or a loud speaker ; or
(b) shout or otherwise act in a disorderly manner, within or at the

entrance of the polling station or in any public or private place in
the neighbourhood thereof ; so as to cause annoyance to any person
visiting the polling station for the poll, or so as to interfere with
the work of the officer and other persons on duty at the polling
station.
(2) Any person who contravenes or skilfully aids or abets the

contravention of the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to three months, or with fine, or
with both.
(3) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under this
section, he may direct any police officer to arrest such person, and thereupon
the police officer shall arrest him.
(4) Any police officer may take such steps and use such force as may be
reasonably necessary for preventing any contravention of the provisions of
sub-section (1) and may seize any apparatus used for such contravention.
26. Penalty for misconduct at the polling station. ––(1) Any person who
during the hours fixed for the poll at any polling station, misconduct’s himself
or fails to obey the lawful directions of the presiding officer, may be removed
from the polling station by the presiding officer or by any police officer on
duty or by any person authorised in this behalf by such presiding officer.
(2) The power conferred by sub-section (1) shall not be exercised so as

to prevent any elector, who is otherwise entitled to vote at a polling station,
from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-
enters the polling station without the permission of the presiding officer, he
shall be punishable with imprisonment for a term which may extend to three
months, or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
27. Breaches of official duty in connection with election. ––(1) If any

person to whom this section applies, is without reasonable cause guilty of any
act or omission in breaches of his official duty, he shall be punishable with
fine which may extend to five hundred rupees. An offence punishable under
this section shall be cognizable.
(2) No suit or other legal proceeding shall lie against any such person
for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers,
assistant returning officers, presiding officers, polling officers and any other
person appointed to perform any duty in connection with receipt of nominations
or withdrawal of candidatures or the recording or counting of votes at an
election ; and the expression “official duty” shall for the purpose of this section
be construed accordingly.
28. Removal of ballot paper from polling station to be an offence. ––

(1) Any person who at an election fraudulently takes or attempts to take a
ballot paper out of a polling station, or wilfully aids or abets the doing of
any such act shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to five hundred rupees, or
with both.
(2) If the presiding officer of a polling station has reason to believe that
any person is committing or has committed an offence punishable under sub-
section (1), such officer may, before such person leaves the polling station,
arrest or direct a police officer to arrest such person and may search such
person or cause him to be searched by a police officer :
Provided that when it is necessary to cause a woman to be searched the

search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search shall be
made over for safe custody to a police officer by the presiding officer or when
the search is made by a police officer, shall be kept by such officer in safe
custody.
29. Offence of booth capturing.–– Whoever commits an offence of booth

capturing, shall be punishable with imprisonment for a term which shall not be
less than six months but which may extend to two years and with fine, and
where such offence is committed by a person in the service of the Government,
he shall be punishable with imprisonment for a term which shall not be less
that one year but which may extend to three years and with fine.
Explanation:–– For the purposes of this section, “booth capturing” includes, among
other things, all or any of the following activities, namely,––
(a) seizure of a polling station or a place fixed for the poll by

any person or persons making polling authorities surrender
the ballot papers or voting machines and doing of any other
act which affects the orderly conduct of elections ;
(b) taking possession of a polling station or a place fixed for

the poll by any person or persons and allowing only his
or their own supporters to exercise their right to vote

and prevent others from voting ;
(c) threatening any elector and preventing him from going

to the polling station or a place fixed for the poll to cast
his vote ;
(d) seizure of a place for counting of votes by any person or

persons making the counting authorities surrender the
ballot papers or voting machine and the doing of anything
which affects the orderly counting of votes ;
(e) doing by any person in the service of Government, of all

or any of the aforesaid activities or aiding or conniving
at, any such activity in the furtherance of the prospects
of the election of a candidate.
30. Other offences and penalties. ––(1) A person shall be guilty of an

electoral offence, if at any election he––
(a) fraudulently defaces, destroys any nomination paper ; or
(b) fraudulently defaces, destroys or removes any list, notice or other

document affixed by or under the authority of the returning officer ; or
(c) fraudulently defaces or destroys any ballot paper or the official mark
on any ballot paper or any declaration of identify or official envelope
used in connection with voting by postal ballot ; or
(d) without due authority supplies any ballot paper to any person or
receives any ballot paper from any person or is in possession of any
ballot paper ; or
(e) fraudulently puts into any ballot-box anything other than the ballot
paper which he is authorised by law to put in ; or
(f) without due authority destroys, takes, opens or otherwise interferes

with any ballot box or ballot paper than in use for the purpose of the
election ; or
(g) fraudulently or without due authority, as the case may be, attempts
to do any of the foregoing acts or wilfully aids or abets the doing
of any such acts.
(2) Any person guilty of an offence under this section shall :––
(a) if he is a returning officer or an assistant returning officer or a

presiding officer or a polling officer or any other officer or official
employed on official duty in connection with the election, be
punishable with imprisonment for a term which may extend to two
years, or with a fine, or with both ;
(b) if he is any other person, be punishable with imprisonment for a

term which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on

official duty if his duty is to take part in the conduct of any election or part of
any election including the counting of votes or to be responsible after an election
for the used ballot papers and other documents in connection with such election.
(5) No court shall take cognizance of any offence under section 24 or

under section 28, or under clause (a) of sub-section (2) of this section unless
there is a complaint made by order of, or under authority from, the Chief
Electoral Officer.
31. Power to make rules regulating the election of Councillors. ––(1) The
Government may in consultation with Chief Electoral Officer make rules to
provide for or regulate all or any of the following matters for the purpose of
holding elections of Councillors under this Act, namely :––
(a) qualifications of elector and the preparation, publication, correction

and revision of electoral rolls ;
(b) the appointment of returning officers, assistant returning officers,

presiding officers and polling officers for the conduct of election ;
(c) the nomination of candidates, form of nomination papers, objections

to nominations and scrutiny of nomination and allotment of symbols
to candidates ;
(d) the deposits to be made by candidates, time and manner of making

such deposits and the circumstances under which such deposits
may be refunded to candidates or forfeited to the Corporation ;
(e) the withdrawal of candidature ;

(f) the appointment of agents of candidates ;
(g) the procedure in contested and uncontested elections ;
(h) the date, time and place for poll and other matters relating to the
conduct of elections including :––
(i) the appointment of polling stations for each ward ;
(ii) the hours during which the polling station shall be kept open
for the casting of votes ;
(iii) the printing and issue of ballot papers ;
(iv) the checking of voters by reference to electoral roll ;
(v) the marking with indelible ink of the left fore-finger or any
other finger or limb of the voter and prohibition of the delivery
of the ballot to any person if at the time such person applies
for such paper he has already such mark, so as to prevent
personation of voters ;
(vi) the manner in which votes are to be given and in particular in

the case of illiterate voters or of voters under physical or
other disability ;
(vii) the procedure to be followed in respect of challenged votes

and tendered votes ;
(viii) the scrutiny of votes, counting of votes, the declaration of

the results and the procedure in case of equality of votes or
in the event of a Councillor being elected to represent more
than one ward ;
(ix) the custody and disposal of papers relating to elections ;
(x) the suspension of polls in case of any interruption by riot,

violence or any other sufficient cause and the holding of a
fresh poll ;
(xi) the holding of a fresh poll in the case of destruction of or

tampering with the ballot boxes before the count ;
(xii) the countermanding of the poll in the case of the death of a

candidate before the poll ;
(i) the requisitioning of premises, vehicles, vessels or animals, payment

of compensation in connection with such requisitioning, eviction
from requisitioned premises and release of premises from
requisition ;
(j) the fee to be paid on an election petition ;
(k) any other matter relating to elections or election disputes which is

to be prescribed or in respect of which the Government deems it
necessary to make rules under this section or in respect of which
this Act makes no provisions or makes insufficient provisions and
provision is, in the opinion of the Government, necessary.
(2) Any person who contravenes the provisions of any rule framed under
this section shall be punishable with fine which may extend to one thousand
rupees.
32. Bar to interference by courts in electoral matters.–– Notwithstanding

anything in this Act, the validity of any law relating to the delimitation of
constituencies or the allotment of seats to such constituencies, shall not be
called in question in any court.
33. Oath of affirmation by Councillor. ––(1) Every Councillor shall,

before taking his seat, make and subscribe at a meeting of the Corporation on
oath of affirmation according to the following form, namely :––
“I A.B.C. having been elected/nominated as Councillor of the Municipal

Corporation of ........................................do swear in the name of God/solemnly
affirm that I will bear true faith and allegiance to the Constitution of India
and Constitution of Jammu and Kashmir as by law established and that I will
faithfully discharge the duty upon which I am about to enter”.
(2) If a person sits or votes as a Councillor before he has complied with

the requirements of sub-section (1), he shall be liable in respect of each day
on which he so sits or votes to a penalty of five hundred rupees to be recovered
as an arrear of tax under this Act, and his vote will be considered invalid.
34. Removal or resignation by Councillors. ––(1) The Government may,

by notification, remove any Councillor, if in its opinion––
(a) he becomes subject to any of the disqualifications mentioned in

section 8 ; or
(b) he has flagrantly abused his position as a Councillor or has through

negligence or misconduct been responsible for the loss or mis-
application of any money or property of the Corporation ;
(c) he has become physically or mentally incapacitated for performing

his duties as a Councillor ; or
(d) he absents himself during three successive months from the

meetings of the Corporation ; or
(e) he acts in contravention of the provisions of section 61 :
Provided that before making an order under this section, reasonable

opportunity shall be given to the Councillor to be heard and to show cause
against such an order.
(2) If a Councillor resigns his seat by writing under his hand addressed
to the Commissioner, he shall cease to be a Councillor on the date of acceptance
of his resignation and his office shall thereupon fall vacant.
1
[34-A. Disqualification on ground of defection. ––(1) A member of a
Corporation belonging to any political party shall be disqualified for being a
member of the Corporation––
(a) if he has voluntarily given up his membership of such political

party ; or
(b) if he votes or abstains from voting in such Corporation contrary to

any direction issued by the political party to which he belongs or
by any person or authority authorised by it in this behalf, without
obtaining, in either case, the prior permission of such political party,
person or authority and such voting or abstention has not been
condoned in writing by such political party, person or authority
within fifteen days from the date of such voting or abstention.
(2) Notwithstanding anything contained in sub-section (1), a person who

on the commencement of the Jammu and Kashmir Municipal Laws
(Amendment) Act, 2005 is a member of a Corporation (whether elected or
1. Sections 34-A, 34-B, 34-C, 34-D and 34-E inserted by Act No. XII of 2005, s. 2, w.e.f.
10th May, 2005.
nominated as such) shall, where he was a member of a political party,

immediately before such commencement be deemed, for the purposes of sub-
section (1), to have been elected as a member of such Corporation as a candidate
set up by such political party.
Explanation: ___ For the purposes of this section,––
(a) an elected member of a Corporation shall be deemed to belong to

the political party, if any, by which he was set up as a candidate for
election as such member or which he joins after such election ; and
(b) a nominated member of a Corporation shall,––
(i) where he is a member of any political party on the date of his

nomination as such member be deemed to belong to such
political party ;
(ii) in any other case, be deemed to belong to the political party

of which he becomes, or, as the case may be, first becomes a
member.
34-B. Disqualification on ground of defection not to apply in case of

merger. ___ (1) A member of a Corporation shall not be disqualified under sub-
section (1) of section 34-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,––
(a) have become members of such other political party or, as the case
may be, of a new political party formed by such member ; or
(b) have not accepted the merger and opted to function as a separate
group,
and from the time of such merger, such other political party or new political
party or group, as the case may be, shall be deemed to be the political party to
which he belongs for the purposes of sub-section (1) of section 34-A and to be
his original political party for the purposes of this sub-section.
(2) For the purposes of sub-section (1), the merger of the original political
party of a member of a Corporation shall be deemed to have taken place if,
and only if, not less than two-third of the members of the political party
concerned have agreed to such merger.
Explanation:––For the purposes of this section “original political party”, in

relation to a member of Corporation means the political party
to which he belongs for the purposes of this section.
34-C. Decision on question as to disqualification on ground of

de f e c ti on. ––If a n y quest i on a r i ses a s t o wh et h er a m em ber of a
Corporation has become subject to disqualification, the question shall
be referred for the decision of the Chief Electoral Officer by any other
member of the Corporation.
34-D. Appeals. ––(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.
(2) Appeals shall be preferred within a period of 15 days from the date
of decision.
(3) The decision of the Special Tribunal shall be final and conclusive.
34-E. Bar of Jurisdiction.–– 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 Corporation under section 34-A].
35. Payment of allowance to Councillors.–– The Councillors shall be

entitled to receive allowances for attendance at meetings of the Corporation
and of its committees at such rates as may be prescribed subject to the limits
as may be imposed by the Government.
36. Annual election of Mayor, Deputy Mayor and their term of office. ––
(1) The Corporation shall at its first meeting and thereafter at the expiration of
1
[two years and six months, elect through open ballot one of its Councillors]
to be the Chairperson to be known as the Mayor and another Councillor to be
known as the Deputy Mayor of the Corporation.
(2) The term of office of the Mayor and the Deputy Mayor of the
Corporation shall be 2[two years and six months] from the date of his election,
as such, unless in the meantime he resigns his office as Mayor or Deputy Mayor
or unless in the case of Deputy Mayor is elected as the Mayor and he shall
cease to hold his office on the expiry of his term of office :
1. Substituted for the words “every year, elect one of its Councillors” by Act No. VIII of 2010,
s. 2, w.e.f. 21st April, 2010.
2. Substituted ibid for the words “one year”.
Provided that if the office of the Mayor or Deputy Mayor is vacated or

falls vacant during the tenure on account of death, resignation or no-confidence
motion, a fresh election within a period of one month of the vacancy shall be
held from the same category, for the remainder period :
Provided further that the election of a new mayor or the Deputy Mayor,
as the case may be, at the end of every term, shall be held before the expiry of
the term specified in this sub-section.
(3) The Mayor and Deputy Mayor shall be entitled to the payment of
such honorarium and may be given such facilities in respect of residential
accommodation, telephone, conveyance and the like as may be prescribed
by bye-laws.
(4) The Mayor of the Corporation shall have access to the record of the
Corporation and issue directions to the Commissioner or other functionaries
of the Corporation or call for reports from them with a view to ensuring proper
implementation of the decision of the Corporation.
(5) The Mayor shall have such powers as may be necessary to carry out
the purposes of this Act and to implement the decisions of the Corporation.
37. Motion of No-confidence against Mayor or Deputy Mayor. ––(1) A

motion of no confidence against the Mayor or Deputy may be made in
accordance with the procedure laid down in the rules.
(2) Where a notice of intention to move a resolution requiring the Mayor

or Deputy Mayor of the Corporation to vacate his office, signed by not less than
majority of its total elected Councillors is given and if a motion of no confidence
is carried by a resolution passed by a majority of elected Councillors present
and voting at its general or special meeting, the quorum of which is not less than
one-half of its total elected members, the Mayor or the Deputy Mayor against
whom such resolution is passed shall cease to hold office forthwith.
(3) Notwithstanding anything contained in this Act or the rules made

thereunder the Mayor or Deputy Mayor of the Corporation shall not preside over
a meeting in which a motion of no confidence is discussed against him. Such
meeting shall be presided over by such a person, and convened in such manner, as
may be prescribed and the person against whom motion of no confidence is moved,
shall have a right to vote and take part in the proceedings of such a meeting.
(4) Motion of no confidence under this section shall not be maintainable

within six months of the date of his election to such office and any subsequent
motion of no confidence shall not be maintainable within the interval of six

months of the last motion of no confidence.
38. Discharge of functions of the Mayor by Deputy Mayor. ––(1) When

the office of the Mayor is vacant, the Deputy Mayor shall act as the Mayor
until a new Mayor is elected.
(2) When the Mayor is absent from duty on account of illness or any
other cause, the Deputy Mayor shall act as Mayor during his absence.
39. Resignation of Mayor and Deputy Mayor. ––(1) The Mayor may, by
writing under his hand addressed to the Deputy Mayor, resign his office.
(2) The Deputy Mayor may, by writing under his hand addressed to the
Mayor, resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect
from the date of its acceptance by the Mayor or Deputy Mayor, as the case
may be.
40. Standing Committees. ––(1) The Corporation shall have the following
standing committees, namely :––
(a) General Functions Committee ;
(b) Finance and Planning Committee ;
(c) Public Health and Sanitation Committee ; and
(d) Social Justice Committee.
(2) Each standing committee shall consist of not less than five and not
more than nine Councillors including the Mayor or the Deputy Mayor, as the
case may be, elected by the Councillors of the Municipal Corporation from
amongst the elected Councillors :
Provided that Social Justice Committee shall include at least one member
who may be a woman or a member of a Scheduled Caste or of a Scheduled Tribe.
(3) The General Functions Committee shall perform functions relating

to the establishment matters, communications, construction of buildings and
roads, housing, relief against natural calamities and all miscellaneous
residuary matters.
(4) The Finance and Planning Committee shall perform the functions
relating to the finances of the Corporation, preparation of budget, scrutinising
proposals for increase of revenue including taxes, examination of receipts and
expenditure statement, sales and leases of Corporation properties, recovery of
loans, examinations of schedule of rates, consideration of all proposals affecting
the finance of the Corporation and any other functions relating to the
development of the municipal area.
(5) The Public Health and Sanitation Committee shall perform functions
relating to the health, sanitation, water supply, drainage and sewage disposal.
(6) The Social Justice Committee shall perform functions relating to––
(a) promotion of education, economic, social, cultural and other

interests of the Scheduled Castes, Scheduled Tribes, Backward
Classes, and weaker sections of the society ;
(b) protection from social injustice and all other forms of exploitation ;
(c) amelioration of the Scheduled Castes, Scheduled Tribes and

Backward Classes including other weaker sections of the society ;
(d) securing social justice to the Scheduled Castes, Scheduled Tribes,

women and other weaker sections of the society.
(7) The Mayor shall be the ex-officio member and also the Chairman of
the General Functions Committee and the Deputy Mayor shall be the ex-officio
member and Chairman of the Finance and Planning Committee.
(8) The members of the other Committees shall elect its Chairman from
amongst themselves.
(9) No member of the Corporation shall be eligible to serve on more

than two standing committees at a time.
(10) A standing Committee may, with the approval of the Corporation,

co-op not more than two persons who are not Councillors of the Corporation
but who in the opinion of the Corporation possess special qualifications for
serving on such committee :
Provided that such co-opted members shall not be deemed to be

Councillors of the Corporation and shall have no right to vote in any capacity
whatsoever but shall be entitled to participate in all proceedings of the

committee in an advisory capacity.
(11) The Chairman of every committee shall in respect of the work of

the committee, be entitled to call for any information, return, statement, account
or report from the office of the Corporation and to enter on and inspect any
immovable property of the Corporation or work in progress connected with
the work of the Committee.
(12) Each committee shall be entitled to attendance as its meetings of

any officer of the Municipal Corporation who is connected with the work of
the committee. The Commissioner shall under the instructions of the committee,
issue notice and secure the attendance of the officer.
(13) The Corporation may frame regulations relating to election of

members of the Standing Committees, conduct of business therein, and all
other matters relating thereto.
(14) The Commissioner, or the Joint/Assistant Commissioner, appointed under

section 46, shall be the ex-officio Member-Secretary of the Standing Committee.
CHAPTER III
FUNCTIONS OF THE CORPORATION
41. General powers of Corporations. ––(1) Subject to the provisions of

this Act, and the rules, regulations and bye-laws made thereunder, the municipal
administration of the municipal area shall vest in the Corporation.
(2) Without prejudice to the generality of the provisions of sub-section

(1) it shall be the duty of the Corporation to consider all periodical statements
of the receipts and disbursements and all progress reports and pass such
resolutions thereon as it deems fit.
42. Functions of Corporations to be entrusted by Governments. ––(1) Without

prejudice to the generality of the provisions of sub-section (1) of section 41
the Government may by notification endow the Corporation with such powers
and authority as may be necessary from time to time to enable it to function as
an institution of Local Self Government, subject to such conditions as may be
specified therein, with regard to,––
(a) the preparation of plans for economic development and social

justice ;
(b) the performance of functions and implementation of schemes which

may be entrusted to it including the functions in respects of the
following matters, namely :––
(i) regulations of land use and construction of building ;
(ii) planning for economic and social development ;
(iii) roads and bridges ;
(iv) water supply for domestic, industrial and commercial

purposes ;
(v) public health, sanitation, conservancy and solid waste

management ;
(vi) urban forestry, protection of the environment and promotion

of ecological aspects ;
(vii) safeguarding the interests of weaker sections of the society,

including the handicapped and mentally retarded ;
(viii) slum improvement and upgradation ;
(ix) urban poverty alleviation ;
(x) provision of urban amenities and facilities such as parks,

gardens and play-grounds ;
(xi) burials and burial grounds, cremation and cremation grounds

and electric crematoriums ;
(xii) cattle pounds, prevention of cruelty to animals ;
(xiii) vital statistics including registration of births and deaths ;
(xiv) public amenities including street lighting, parking lots, bus

stops and public convenience ;
(xv) regulation of slaughter houses and tanneries :
Provided that the notification regarding the devolution of powers under

this sub-section shall be issued within three months from the date of
commencement of this Act, in the first instance.
(2) Nothing contained in this section shall be construed to divest the

Corporation of various powers and functions vested in it under various
provisions of this Act, rules, bye-laws made thereunder.
43. Obligatory functions of the Corporation.–– It shall be incumbent on

the Corporation to make adequate provisions by any means or measures which
it may lawfully use or take for each of the following matters, namely :––
(a) the construction, maintenance and cleaning of drains and drainage

works, and of public latrines, urinals and similar conveniences ;
(b) the construction and maintenance of works and means for providing
supply of water for public and private purposes ;
(c) the scavenging, removal and disposal of filth, rubbish and other
obnoxious or polluted matters ;
(d) the reclamation of unhealthy localities, the removal of noxious

vegetation and generally the abatement of all nuisance ;
(e) the regulation of places for the disposal of the dead and the
provisions and maintenance of places for the said purposes ;
(f) the construction and maintenance of cattle pound ;
(g) measures for preventing and checking the spread of dangerous

diseases ;
(h) the construction, maintenance of municipal markets and the

regulation thereof ;
(i) the regulation of the abatement of offensive or dangerous trades or

practices ;
(j) the securing of removal of dangerous buildings and places ;
(k) the construction, maintenance, alteration and improvements of

public streets, bridges, culverts, causeways and the like ;
(l) the lighting, watering and cleaning of public streets and other public
places ;
(m) the removal of obstruction and projections in or upon streets,

bridges and other public places ;
(n) the naming and numbering of street and premises ;
(o) the maintenance of municipal offices ;
(p) the laying out of the maintenance of public parks, gardens or

recreation grounds ;
(q) the maintenance of monuments and memorials vested in a local

a ut hor it y in th e m un icipa l ar ea im media tel y befor e th e
commencement of this Act or which may be vested in the
Corporation after such commencement ;
(r) the maintenance and development of the value of all properties

vested in or entrusted to the management of the Corporation ;
(s) the fulfilment of any other obligation imposed by or under this Act
or any other law for the time being in force ;
(t) planning and care of trees on road side etc ; and
(u) survey of buildings and lands.
44. Discretionary functions of the Corporation.–– The Corporation

may provide either wholly or in part for all or any of the following matters,
namely :––
(a) the furtherance of education including cultural and physical

education ;
(b) the establishment and maintenance of and aid to, libraries, museums,
art galleries, botanical gardens or zoological collections ;
(c) the establishment and maintenance of, and aid to stadium, gymnasia,
akharas and places for sports and games ;
(d) the civic reception to persons of distinction ;
(e) the providing of music or other entertainments in public places

or places of public resort and the establishment of theatres and
cinemas ;
(f) the organisation and management of fairs and exhibitions ;
(g) the construction and maintenance of––
(i) rest houses ;
(ii) poor houses ;
(iii) infirmaries ;
(iv) children’s homes ;
(v) houses for the deaf and dumb and for disabled and
handicapped children ;
(vi) shelters for destitute and disabled persons ;
(vii) asylums for persons of unsound mind ;
(h) the building or purchase and maintenance of dwelling houses for

Corporation officers and other Corporation employees ;
(i) any measures for the welfare of the Corporation officers and other
Corporation employees or any class of them, including the
sanctioning of loans to such officers and employees or any claim
of them for construction of houses and purchase of vehicles ;
(j) the organisation or management of chemical or bacteriological

laboratories for the examination or analysis of water, food and drugs
for the detection of diseases or research connected with the public
health or medical relief ;
(k) the provisions for relief to destitute and disabled persons ;
(l) public vaccination and inoculation ;
(m) the organisation, construction, maintenance and management of

swimming pools, public wash houses, bathing place and other
institution designed for the improvement of public health ;
(n) the organisation and management of farms and dairies within or

outside the municipal area for the supply, distribution and
processing of milk and milk products for the benefits of the residents
of the municipal area ;
(o) the organisation and management of cottage industries, handicraft

centres and sales emporium ;
(p) the construction and maintenance of warehouses and godowns;
(q) the construction and maintenance of garages, sheds and stands for
vehicle and cattle biers ;
(r) the provision for unfiltered water supply ;
(s) the improvement of the municipal area in accordance with

improvement schemes approved by the Corporation ;
(t) the provision of housing accommodation for the inhabitants of any

area or for any class of inhabitants ;
(u) the establishment and maintenance of hospitals, dispensaries and

maternity and child welfare centres and the carrying out of other
measures necessary for public medical relief ;
(v) any measures not herein before specifically mentioned, likely to

promote public safety, health convenience or general welfare.
CHAPTER IV
MUNICIPAL AUTHORITIES UNDER THE CORPORATION
45. Appointment of Commissioner. ––(1) The Government shall, by

notification, in the Government Gazette, appoint a Class I Officer of the
Government having a service of not less than fifteen years, as the Commissioner
of the Corporation.
(2) Subject to the provisions of sub-section (3) the Commissioner so

appointed shall hold office for a term of three year in the first instance :
Provided that his appointment may be renewed for a term not exceeding
three years :
Pr ovi ded furt her th at no officer who h as att ain ed th e a ge of

superannuation shall be appointed or continue as Commissioner.
(3) The Government :––

(a) shall recall the Commissioner if at a special meeting of the

Corporation called for the purpose, a resolution for such recall has
been passed by a majority of not less than two thirds of the total
number of members ;
(b) may in the public interest recall the Commissioner at any time
during the term of his appointment.
46. Appointment of Joint/Assistant Commissioner and certain other

officers. ––(1) The Government may, if in its opinion it is expedient to do so
in the public interest, appoint a person or persons to be called Joint/Assistant
Commissioner to assist the Commissioner appointed under section 45 for the
efficient performance of the functions of the Corporation and they shall be
governed by such conditions of service as may be fixed by the Government
from time to time.
(2) Subject to the approval of the Corporation and rules made in this
behalf the Joint/Assistant Commissioners appointed under sub-section (1) shall
be subordinate to the Commissioner and shall exercise such powers and
performs such duties as may be conferred and imposed upon the Commissioner
under this Act and are further delegated to them by the Commissioner.
(3) There shall be a legal Advisor-cum-Prosecutor to aid and advice the

Corporation in all legal matters, to be appointed by the Corporation by
deputation on such terms and conditions as may be prescribed.
47. Salary and Allowances of Commissioners.–– The Commissioners

and the officers appointed under section 46 shall be paid out of the Corporation
Fund such monthly salary and such monthly allowance, as may from time to
time be fixed by the Government and may be given such facilities in relation
to residential accommodation, conveyance and the like as may from time to
time be fixed by the Government.
48. Leave etc. to Commissioner.–– On the recommendations of the Mayor,

leave (except causal leave) may be granted to the Commissioner by the
Government and the casual leave shall be granted by the Mayor, and whenever
the Commissioner is on leave or on training, another officer may be appointed
by the Government in his place.
49. Contribution by Corporation.–– The Corporation shall make such

contribution towards leave, allowances, pension and provident fund of the
Commissioner as may be required by the conditions of his service under
the Government.
50. Functions of the Commissioner.–– Save as otherwise provided in

this Act, and subject to supervision and control of the Corporation and its
Mayor the executive power for the purpose of carrying out the provisions of
this Act, shall vest in the Commissioner, who shall also :––
(a) exercise all the powers and discharge all the duties specifically
conferred or imposed upon him by this Act or by any other law for
the time being in force ;
(b) prescribe the duties of and exercise supervision and control over
the acts and proceedings of all Corporation officers and other
Corporation employees and subject to any rules that may be made
in this behalf dispose of all questions relating to the service of the
said officers and other employees and their pay, privileges,
allowances and other conditions of service ;
(c) on the occurrence or threatened occurrence of any sudden accident

or any unforeseen event or natural calamity involving or likely to
involve extensive damages to any property of the Corporation or
danger to human life, take such immediate action in consultation
with the Mayor and make a report forthwith to the Corporation of
the action he has taken and the reasons for the same as also of the
amount of cost, if any, incurred or likely to be incurred in consequence
of such action, which is not covered by a budget grant ;
(d) the Commissioner shall bring to the notice of the Corporation any
act or resolution of the Corporation which may be in violation of
any Government instructions or the provisions of this Act, provided
that if such act or omission of the directions of the Government or
the provisions of the Act, as the case may be, is not rectified within
15 days of the communication, it shall be the duty of the
Commissioner to bring such omission or violation to the notice of
the Government.
51. Power of the Corporation to require Commissioner to produce

documents and furnish returns, reports etc. ––(1) The Corporation and Mayor
may at any time require the Commissioner––
(a) to produce any record, correspondence, plans or other documents

which is in his possession or under his control as Commissioner
or which is recorded or filed in his office or in the office of any
Corporation officer or other Corporation employee subordinate
to him ;
(b) to furnish any return, plan, estimate, statement, account of

satisfaction concerning or connected with any matter pertaining to
the administration of this Act or any municipal authority ;
(c) to furnish a report by himself or to obtain from any Corporation

officer or other employee subordinate to him and furnish with his
own remarks thereon, a report upon any subject concerning or
connected with the administration of this Act or any municipal
authority.
(2) Every such requisition shall be complied with by the Commissioner

without any unreasonable delay ; and it shall be incumbent on every Corporation
officer and other Corporation employee to obey any order made by the Mayor
or Corporation or Commissioner in pursuance of any such requisition :
Provided that the Commissioner shall not be bound to comply with any
such requisition if with the previous approval of the mayor he makes a statement
that such compliance would be prejudicial to public interest or to the interests
of the Corporation.
52. Exercise of power to be subject to sanction.–– Save as otherwise

provided in this Act, the exercise of any power or the performance of any duty
conferred or imposed upon the Corporation or any other authorities by or under
this Act, which will involve expenditure, shall be subject to the following
conditions, namely :––
(a) that such expenditure, in so far as it is to be incurred in the year in

which such power is exercised or duty performed, shall be provided
for under a current budget grant ; and
(b) that if the exercise of such power or the performance of such duty
involves or is likely to involve expenditure for any period or at any
time after the close of the said year, such expenditure shall not be
incurred without the sanction of the Corporation.
CHAPTER V
TRANSACTION OF BUSINESS BY THE CORPORATION
53. Meetings. ––(1) The Corporation shall ordinarily hold at least one
meeting in every month for the transaction of its business.
(2) The Mayor or in his absence the Deputy Mayor may, whenever he
thinks fit, and shall upon a requisition in writing by not less than one-fourth of
the total number of Councillors, convene a special meeting of the Corporation.
(3) Any meeting may be adjourned until the next or any subsequent date,
and an adjourned meeting may be further adjourned in the like manner.
54. First Meeting of the Corporation after general elections for election
of Mayor. ––(1) The first meeting of the Corporation after general elections
shall be held as early as possible but not later than thirty days after the
publication of the results of the election of the Councillors under section 13
and shall be convened by the Commissioner.
(2) Notwithstanding anything contained in section 57, for election of the

Mayor, the Commissioner shall nominate a Councillor who is not a candidate
for such election to preside over the meeting.
(3) If during the election of Mayor it appears that there is an equality

of votes between the candidates at such election and that the addition of a
vote would entitle any of these candidates to be elected as Mayor, then, the
person presiding over the meeting shall decide between them by lot to be
drawn in the presence of the candidates and in such manner as he may
determine, and the candidate on whom the lot falls be deemed to have received
an additional vote.
55. Notice of meetings and business.–– A list of the business to be

transacted at every meeting except at an adjourned meeting shall be sent at the
recorded address of each Councillor at least five days before the time fixed
for such meeting and no business shall be brought before or transacted at, any
meeting other than the business of which a notice has been so given :
Provided that an urgent meeting may be called on a notice of a lesser

period than five days :
Provided further that any Councillor may send or deliver to the

Commissioner notice of any business going beyond the matters mentioned in
the notice given of such meeting so as to reach him at least forty-eight hours
before the date fixed for the meeting and Commissioner shall with all possible
despatch take steps to circulate such resolution to every Councillor in such
manner as he may think fit :
Provided further that such other business or resolution may be transacted

or taken up only with the permission of the Chair.
56. Quorum. ––(1) The quorum necessary for the transaction of business
at a meeting of the Corporation shall be one-third of the total number of
Councillors.
(2) If at any time during a meeting of the Corporation there is no quorum

it shall be the duty of the Mayor or the person presiding over such meeting
either to adjourn the meeting or to suspend the meeting until there is a quorum.
(3) Where a meeting has been adjourned under sub-section (2) the
business which would have been brought before the original meeting if there
had been a quorum present, shall be brought before, and may be transacted at
an adjourned meeting, whether there is quorum present or not :
Provided that notice of an adjourned meeting under sub-sections (2) and

(3) shall be given to all Councillors.
57. Presiding Officer. ––(1) The Mayor or in his absence, the Deputy
Mayor shall preside at every meeting of the Corporation.
(2) In the absence of both the Mayor and the Deputy Mayor from the
meeting the Councillors present shall elect one from amongst themselves
to preside.
(3) The Mayor or the person presiding over a meeting shall have and
exercise a second or a casting vote in all cases of equality of votes.
58. Method of deciding question. ––(1) Save as otherwise provided in

this Act, all matters required to be decided by the Corporation shall be decided
by majority of the votes of Councillors present and voting.
(2) The voting shall be by show of hands, but the Corporation may, subject
to such regulations as may be made by it, resolve that any question or class of
questions shall be decided by secret ballot.
(3) At any meeting unless voting be demanded by at least four Councillors,

a declaration by the presiding officer at such meeting that resolution has been
carried or lost, and an entry to that effect in the minutes, of the proceedings
shall, for the purpose of this Act, be conclusive evidence of the fact without
proof of the number or proportion of the votes recorded in favour of or against
such resolution.
(4) If voting as aforesaid is demanded, the votes of all of the members

present who desire to vote shall be taken under the direction of the presiding
officer at the meeting and the result of the voting shall be deemed to be
resolution of the Corporation at such meeting.
59. Maintenance of order at and admission of public to meetings. ––

(1) The Mayor or the person presiding over a meeting shall prepare order
thereat and shall have all powers necessary for the purpose of preserving
such order.
(2) The Mayor or the person presiding over a meeting may direct
any Councillor whose conduct is in his opinion grossly disorderly to
withdraw immediately from the meeting, and any Councillor so directed
to withdraw shall do so forthwith and shall absent himself during the
remainder of the meeting.
(3) If any Councillor is ordered to withdraw at a second time within

fifteen days, the Mayor or the person presiding may suspend such Councillor
from attending the meetings of the Corporation for a period not exceeding
fifteen days and the Councill or so suspended shall absent him self
accordingly :
Provided that the Mayor or the person presiding may at any time cancel
such suspension :
Provided further that such suspension shall not debar the suspended
Councillor from serving on any committee of the Corporation of which he is
a member.
(4) Subject to sub-section (5), every meeting shall be open to the public
unless a majority of the Councillors present at the meeting decide that any
inquiry of deliberation pending before the Corporation shall be held in camera.
(5) The Corporation may make regulations for the purpose of admission
of the members of the public to its meetings and for the removal by force if
necessary, of any member of the public admitted to a meeting for interrupting
or disturbing the proceedings of the meeting.
(6) The Corporation may make regulations for removal of persons of

disorderly conduct.
(7) In the case of grave disorder arising in a meeting the Mayor or the
person presiding may, if he thinks it necessary to do so, adjourn the meeting to
a date or time specified by him.
60. Councillor not to vote on matter in which he is interested.–– No

Councillor shall vote at a meeting of the Corporation or of any committee
thereof on any question relating to his own conduct or vote or take part in any
discussion on any matter (other than a matter affecting generally the residents
of the municipal area or any particular wards), which affects his pecuniary
interest or any property in respect of which he is directly or indirectly interested,
or any property of or for which he is a manager or an agent.
61. Right to attend meetings of Corporation and its committees etc. and
right of Councillor to ask the questions. ––(1) The Commissioner or any
Corporation officer authorised by him in this behalf may attend, speak in, or
otherwise take part in the proceedings of any meeting of the Corporation or
any of its committees, but he shall not be entitled to vote in any such meeting.
(2) A Councillor may, subject to the provisions of sub-section (3) ask the
Commissioner, during first half of any hour of every meeting, question on any
matter relating to the municipal administration of the area or the administration
of this Act.
(3) The right to ask a question shall be governed by the following

conditions, namely :––
(a) not less than seven days clear notice in writing specifying the
question shall be given to the Commissioner ;
(b) no question shall :––
(i) bring any name or statement not strictly necessary to make

the question intelligible ;
(ii) contain arguments, ironical expressions, imputations, epithets

or defamatory statement ;
(iii) ask for an expression of opinion or the solution of a

hypothetical proposition ;
(iv) ask as to the character or conduct of any person except in his

official or public capacity ;
(v) relate to a matter which is not primarily the concern of the

Corporation or any of the Municipal authorities ;
(vi) make or imply a charge of a personal character ;

(vii) raise question of policy too large to be dealt with within the
limits of an answer to a question ;
(viii) repeat in substance question already answered or to which

an answer has been refused ;
(ix) ask for information on trivial matters ;
(x) ordinarily ask for information on matters of past history ;
(xi) ask for information set forth in accessible documents or in

ordinary works of reference ;
(xii) raise matters under the control of bodies or persons not

primarily responsible to the Corporation ; or
(xiii) ask for any information on a matter which is under

adjudication by a Court of Law.
(4) The Mayor shall disallow any question, which is, in his opinion in
contravention of the provisions of sub-section (3).
(5) If any doubt arises whether any question is or is not in contravention

of the provisions of sub-section (3), the Mayor shall decide the point and his
decision shall be final.
(6) The Commissioner shall not be bound to answer a question if it asks

for information which has been communicated to him in confidence or in the
opinion of the Mayor it cannot be answered without prejudice to public interest
or the interest of the Corporation.
(7) Unless otherwise directed by the Mayor or the Presiding Officer of

the meeting every question shall be answered by the Commissioner at a meeting
of the Corporation.
62. Power to make regulations.–– The Corporation may make regulations

for the transaction of business at its meeting and at the meeting of its Standing
Committee or any other committee and manner in which the notice of such
meetings shall be given :
Provided that the time, place and procedure for the first meeting after
the Constitution of the Corporation under section 4, shall be determined by
the Commissioner.
63. Keeping of minutes and proceedings.–– Minutes, in which shall be

recorded the names of the Councillors present at and the proceedings of each
meeting of the Corporation or of its committee, shall be drawn up and recorded
by the Commissioner in a book to be kept for that purpose and shall be laid
before the next ensuing meeting of the Corporation or of the committee, as the
case may be, and shall be signed at such meeting by the presiding officer thereof.
64. Circulation of minutes and inspection of minutes and report of

proceedings.–– Minutes of the proceedings of each meeting of the Corporation
shall be circulated to all the Councillors of the Corporation and shall at all
reasonable times be available at the Corporation office for inspection without
charge by any Councillor or person on payment of a fee prescribed by
regulations.
65. Forwarding minutes and reports of proceedings to Government.––

(1) The Corporation shall forward to the Government and the Director a copy
of the minutes of the proceedings of each meeting of the Corporation within
three days from the date of the meeting.
(2) The Director or the Government may also in any case ask for a copy
of any paper or all the papers which were laid before the Corporation or any
committee thereof and the Corporation shall forward to the Government, a
copy of such paper or papers.
66. Validation of proceedings etc. ––(1) The Corporation shall have power
to act notwithstanding any vacancy in the membership thereof and no act done
or the proceedings taken under this Act shall be questioned on the ground
merely of :––
(a) the seat of any Councillor remaining unfilled for any cause
whatsoever ;
(b) the existence of any vacancy in, or any defect in the constitution of
the Corporation, or in any committee thereof ;
(c) any Councillor having voted or taken part in any proceedings in

contravention of section 61 ;
(d) any defect or irregularity not affecting the merits of the case.
(2) Every meeting of the Corporation or of any Committee thereof, the

minutes of proceeding of which have been duly drawn up and signed, shall be
deemed to have been duly convened and to be free from all defects and irregularities.
CHAPTER VI
CORPORATION OFFICERS AND OTHER CORPORATION

EMPLOYEES
67. Posts in Corporation and appointments thereto. ––(1) Subject to the

provisions contained in this Act or any other law, the Corporation may, with
the previous approval of the Government or any other officer authorised in
this behalf, appoint such officers and servants as it considers necessary for the
efficient discharge of its duties.
(2) The qualifications, methods of recruitment, salaries, leave, allowances

and other conditions of service including disciplinary matters of such officers
and servants shall be such as may be prescribed.
(3) The salary, allowances, gratuity, pension, contributions and other

payments required to be made, in accordance with the conditions of their
services to the officers and officials employed for the discharge of duties of
the Corporation under this Act, shall be charged from the Corporation Fund in
the prescribed manner.
(4) An employee in regular employment of the Corporation may in lieu

of the Contributory Provident Fund benefits admissible to him under Jammu
and Kashmir Provident Fund Act, Samvat 2000, opt for service and family
pensions and in that event he will be governed by the rules as are applicable to
the employees of the Government ; and such a person may contribute to the
General Provident Fund :
Provident that :––
(a) the share of money contribution by the Corporation, along with

interest accrued thereon, to the credit of such a person in his
Contributory Provident Fund, shall be credited to the Pension and
Gratuity Fund, established for this purpose ;
(b) the share of money, along with interest accrued thereon, to the credit
of such a person in the Contributory Provident Fund on account of
his own contribution, shall be transferred to his credit in the General
Provident Fund established for the purpose ; and any loss caused
to the Corporation through withdrawals during the service shall be
made good by him.
(5) The Corporation shall, in relation to such employees who have

exercised the option for pension under sub-section (4), credit its contributions
regularly but not later than fifth day of each month following the month to
which the contributions relate, into the Pension and Gratuity Fund.
(6) The “Pension and Gratuity Fund” and “General Provident Fund”
referred to in sub-section (4), shall be established and maintained by the
Director, Urban Local Bodies, Jammu and Kashmir in such manner, as may be
prescribed.
(7) The approval for creation of post in a Corporation services shall be

given by the Government after taking into consideration the requirements of
the Corporation and its financial capacity.
(8) In making appointment to any post referred to in this section, the

appointing authority shall follow the instructions issued by the Government
from time to time in relation to reservation of appointments or posts for
Scheduled Caste, Scheduled Tribe, Backward Classes and any other category
of persons.
68. Officers and other employees not to be interested in any contract

etc. with Corporation. ––(1) A person shall be disqualified for being appointed
in the Corporation if he has, directly or indirectly, by himself or by a partner
or any other person, any share or interest in any contract, made with, or any
work, being done for the Corporation, other than as an employee.
(2) If any such officer or employee acquires, directly or indirectly, by

himself or by a partner or any other person, any share or interest in any such
contract or work as is referred to in sub-section (1), he shall, unless authority
appointing him in any particular case otherwise decides, be liable to be removed
from his office by an order of such authority :
Provided that before an order of removal is made such officer or other

employee shall be given a reasonable opportunity of showing cause against
the action proposed to be taken in regard to him.
CHAPTER VII
REVENUE AND EXPENDITURE
69. Constitution of Corporation Fund. ––(1) Save as otherwise provided

in this Act––
(a) all funds which, immediately before the declaration and constitution
of any Corporation under sections 3 and 4 of this Act, vested in
anybody or local authority of the municipal area or any part thereof,

if any ;
(b) all money received by or on behalf of the Corporation under the

provisions of this Act or any law for the time being in force or
under any contract ;
(c) all proceeds of the disposal of the property by, or on behalf of the
Corporation ;
(d) all rents accruing from any property of the Corporation ;
(e) all money raised by any tax, rate or cess levied for the purposes of
this Act ;
(f) all fees collected and all fines levied under this Act or under any
rule, regulation or bye-law made thereunder ;
(g) all money received by or on behalf of the Corporation from

the Government or any individuals by way of grant or gift or
deposit ;
(h) all interest and profit arising from any investment of, or from any
transaction in connection with, any money belonging to the
Corporation including loans and advances under this Act ;
(i) all money received by or on behalf of the Corporation from any

other source whatsoever,
shall form one Fund to be known as the Corporation Fund.
(2) The Corporation Fund shall be held by the Corporation in trust for
the purposes of this Act subject to the provisions herein contained and a general
account relating to all moneys received by or on behalf of the Corporation
shall be maintained.
1
[69-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 Municipal Corporation for delivery of basic services to the urban
poor including the inhabitants of slum areas.
(2) A minimum of twenty-five percent of the funds out of development

funds after reducing expenditure on establishment etc. within the Municipality’s
1. Section 69-A inserted by Act No. XIII of 2012, s.6.
budget shall be earmarked and used for providing basic services to the urban
poor, including inhabitants of slum areas on a yearly basis. The allocation to
the fund shall be made from the following budgetary resources,––
(i) municipal Corporation’s own sources of revenue like taxes, fees,

user charges and rent etc ;
(ii) assigned revenues ;
(iii) allocations from Central or State Finance Commission or other inter-

governmental transfers ;
(iv) contributions in cash or kind, gifts from individuals, organizations,

donors for services to the poor ;
(v) grants from externally aided projects ;
(vi) sale of municipal corporation’s assets ;
(vii) other sources as determined by the municipal corporation.
Explanation:–– For the purpose of this section any grant or contribution by

whatever name called, received by the Municipal Corporation
which is exclusively for the development of slum areas shall
not be a part of the above earmarked fund.
(3) The earmarked funds under sub-section (1) shall be for providing
basic services to the urban poor including the inhabitants of the slum areas.
Explanation:–– For the purposes of this section, ‘basic services’ shall include
expenditure on capital and revenue account directly incurred
on water supply, drainage, sewerage, construction of
community toilets, solid waste management, connecting roads,
street lighting, public parks and play grounds, community and
livelihood centres, community health centres, pre-primary and
primary education centres, affordable housing for poor, and
other services as determined by the Municipality but shall not
include establishment expenses, including salary and wages,
not directly and specifically incurred for delivery of basic
services to the poor.
(4) The allocation of the funds and its utilization for providing basic
services to the urban poor should be detailed and enclosed with the Municipal
Corporation’s Annual Budget as Budget for Poor along with the corresponding
figures for the previous year.
(5) The fund shall be in the nature of a non-lapsable fund. In the event of
the annual allocations not fully utilized, the balance funds should not be
transferred to the municipal corporation’s general fund but carried forward
for utilization in the subsequent years. The fund allocation in the subsequent
years shall be considered in addition, and shall not be reduced by the unspent
funds of the previous years.
(6) A separate bank account shall be opened with a nationalized bank

by the name of ‘Basic Services to Urban Poor Fund’ account wherein funds
earmarked under sub-section (1) shall be periodically deposited ensuring
that the yearly allocation is equal to the allocation as in the Municipal
Corporation Budget.
(7) There shall be maintained separate Primary Books of Accounts with

detailed accounting heads in line with the Jammu and Kashmir Municipal
Accounts Manual for operation of special fund accounts].
70. Corporation Fund to be kept in Jammu and Kashmir Bank or in a

Scheduled Bank or in a Government Treasury.–– All money payable to the
credit of the Corporation Fund shall be received by the Commissioner and
shall be forthwith paid into the Jammu and Kashmir Bank or into the Scheduled
bank or a State Treasury of the Government or any other bank approved by the
Government in this behalf.
71. Operation of accounts with banks.–– Save as otherwise provided in

this Act, no payment shall be made by any bank referred to in section 70 out of
the Corporation Fund except on a cheque signed by both––
(a) officer incharge of the accounts ; and
(b) the Commissioner or an officer subordinate to him authorised by

him in this behalf.
72. Payment not to be made unless covered by a budget grant.–– No

payment of any sum out of the Corporation Fund shall be made unless the
expenditure of the same is covered by a current budget grant and sufficient balance
of such budget grant is still available notwithstanding any reduction or transfer
thereof which may have been made under the provisions of this Act :
Provided that this section shall not apply to payment made in the following
classes of cases, namely :––
(a) repayment of moneys, belonging to contractors or other persons

and held in deposit and of moneys collected or credited to the
Corporation Fund by mistake ;
(b) refund of taxes and other moneys which are authorised under this
Act ;
(c) sums payable in any of the following circumstances :––
(i) under orders of the Government on failure of the Corporation

to take any action as required by the Government ; or
(ii) under any other enactment for the time being in force ; or
(iii) under the decree or order of a civil or criminal court passed

against the Corporation ; or
(iv) under a compromise of any claim, suit or other legal

proceeding ; or
(v) on account of cost incurred in taking immediate action by

the Corporation or the Commissioner to avert a sudden
threat of danger to the property of the Corporation or to
human life.
(d) temporary payment for works urgently required by the Government

in the Public interest ;
(e) sums payable as compensation under this Act or under rules;

regulations or bye-laws made thereunder ;
(f) expenses incurred by the Corporation special measures taken on

the outbreak of dangerous diseases ;and
(g) amount payable to Government by way of audit fee.
73. Duty of persons signing cheques.–– Before any person signs a

cheque in accordance with section 72 or signs any bill for payment of any
amount from the treasury, he shall satisfy himself that the sum which is
specified for payment in the bill or for which the cheque is drawn, as the
case may be, is either––
(a) required for a purpose or work specifically sanctioned by the proper

authority and covered by a current budget grant ; or
(b) required for any payment referred to, or specified in section 72.
74. Procedure when money not covered by a budget grant is expended.––

Whenever any sum is expended under clause (c), (e) or (f) of the proviso to
section 72, the Commissioner shall forthwith communicate the circumstances
to the Corporation to take such action under the provisions of this Act as shall,
in the circumstances, appears possible and expedient for covering the amount
of the additional expenditure.
75. Application of Corporation Fund. ––(1) The money from time to

time credited to the Corporation Fund, shall be applied in payment of all sums,
charges of cost necessary for carrying out the provisions of this Act and of the
rules, regulations and bye-laws made thereunder or of which payment is duly
directed, sanctioned or required by or under any of the provisions of this Act,
and in payment of such sum as may be required to meet the establishment
charges and the salary, allowances, provident fund, and gratuity of the member
of municipal services :
Provided that the total expenditure on establishment shall not exceed

one third of the total expenditure of the Corporation.
(2) The moneys referred to in sub-section (1) shall likewise be applied

in payment of all sums payable out of the Corporation Fund under any other
enactment for the time being in force :
Provided that an amount allotted to the Corporation by the Central or

State Government or any other person or local authority for any specific work
or purpose shall be utilised exclusively for such work or purpose and in
accordance with such instructions as the Government may either generally or
specially issue in this behalf.
(3) Notwithstanding anything contained in this Act, the moneys referred

to in sub-section (1) may also be applied in payment of all sums, charges and
cost on all acts and things which are likely to promote the safety, health, welfare,
or convenience of the inhabitants or expenditure whereof may be declared by
the Corporation with the sanction of the Government to be an appropriate
charge on the Corporation Fund.
76. Payments from Corporation Fund for works urgently required for
public service.–– On the written requisition of the Director or any other officer
authorised by the Government, the Commissioner may at any time undertake
the execution of any work to be urgently required in the public interest, and
for this purpose may temporarily make payments from the Corporation Fund
so far as the same can be met without unduly interfering with the regular work
of the Corporation.
77. Investment of surplus money.–– Surplus moneys standing at the

credit of Corporation Fund which cannot immediately or at an early date be
applied for the purpose specified in section 75, shall be invested in the
prescribed manner.
78. Constitution of special funds. ––(1) The Corporation shall constitute

such special fund or funds as may be prescribed by regulations and such other
funds necessary for the purpose of this Act as may be so prescribed.
(2) The constitution and disposal of such funds shall be effected in the
manner laid down by regulations.
79. Finance Commission. ––(1) The Finance Commission constituted

by the Government shall review the financial position of the Corporation and
make recommendation to the Government as to––
(a) the principals which should govern :––
(i) the distribution between the State and the Corporation of the
net proceeds of the taxes, duties, tolls and fees leviable by
the State, which may be divided between them and the
allocation between the Corporation at all levels of their
respective shares of such proceeds ;
(ii) the determination of the taxes, duties, tolls and fees which
may be assigned to or appropriated by the Corporation ;
(iii) the grants-in-aid to the Corporation from the Consolidated

Fund of the State ;
(b) the measures need to improve the financial position of the

Corporation ;
(c) any other matters referred to the Finance Commission by the

Government in the interest of sound finances of the Corporation ;
(2) The Government shall cause every recommendation made by the

Finance Commission under this section together with an explanatory
memorandum as to the action taken thereon, to be laid before the legislature
of the State.
80. Budget Estimates.–– The Corporation shall not later than the first
week of February of every year, adopt for the ensuring year a budget estimate
which shall be an estimate of the income and expenditure of the Corporation
to be received and incurred on account of the Corporation.
(2) The budget estimate adopted under sub-section (1) shall be submitted
to the Government not later than the last week of February preceding the year
to which the budget estimate relates.
(3) The budget estimate received by the Government under sub-section

(2), shall be returned to the Corporation before the thirty first day of March
after approval without any modification or with such modification as the
Government may deem fit.
(4) The budget estimate shall be prepared in such manner and shall
provide for all such matters as may be prescribed.
81. Power of Corporation to alter budget estimates. ––(1) On the

recommendations of the Commissioner, the Corporation may from time to time
during the year––
(i) increase the amount of any budget grant under any head ;
(ii) make an additional budget grant for the purpose of meeting any
special or unforeseen requirement arising during the said year ;
(iii) transfer the amount or portion of the amount of the budget grant
under any head to the account of budget grant under any other
head ; or
(iv) reduce the amount of the budget grant under any head :
Provided that due regard shall be had to all the requirements of this Act
and in making any increase or any additional budget grant the estimated cash
balance at the close of the year shall not be reduced below the sum of one lakh
rupees or such higher sum as the Corporation may determine in respect of
each budget estimate.
(2) Every increase in budget grant and every additional budget grant
made in any year under sub-section (1) shall be made with the prior approval
of the Government and after such approval shall be deemed to be included in
the budget estimate finally adopted for that year.
(3) The Commissioner may, from time to time during the year––
(a) reduce the amount of a budget grant ; or
(b) sanction the transfer of any amount within a budget grant :

Provided that every reduction if it exceeds fifty thousand rupees shall be

reported forthwith by the Commissioner to the Corporation and the
Commissioner shall give effect to any order that may be passed by the
Corporation in relation thereto.
(4) The Commissioner may, from time to time during the year sanction
the transfer of any amount not exceeding fifty thousand rupees within a minor
head if such transfer does not involve a recurring liability.
82. Power of Corporation to re-adjust income and expenditure during

the year. ––(1) If at any time during the year it appears to the Corporation that,
notwithstanding any reduction of budget grant that has been made under section
81, the income of the Corporation Fund during the same year will not suffice
to meet the expenditure sanctioned in the budget estimate of that year and to
leave at the close of the year, the cash balance specified or determined under
the proviso to sub-section (1) of section 81, then it shall be incumbent on the
Corporation to sanction forthwith any measures which it may consider necessary
for adjusting that year’s income to the expenditure.
(2) For the purpose of sub-section (1), the Corporation may either reduce
the sanctioned expenditure of the year so far as it may be possible to do with
regard to all the requirements of this Act.
83. Provisions as to un-expended budget grant.–– If the whole or any part

of any budget grant included in the budget estimate for a year remains unexpended
at the close of that year, and the amount thereof has not been taken into account
in the opening balance entered in the budget estimate of any of the next two
following years, the Commissioner may sanction the expenditure of the such
budget grant or the unexpended portion thereof during the next two following
years for the completion of the purpose or object for which the budget grant was
originally made and not for any other purpose or object.
1
[83-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.
(2) In all residential layouts of extent above 4000 square meters, not less
than ten per cent of the gross land area shall be earmarked for economically
weaker sections and low income groups :
1. Sections 82-A, 82-B, 82-C, 82-D and 82-E inserted by Act No. XIII of 2012, s. 7.
Provided that where the total extent of land is between 1000 square meters
and 4000 square meters, either land may be reserved for economically weaker
sections and low income groups or shelter fee as may be prescribed by the
Government may be collected, as the case may be.
(3) All residential layouts of extent below 1000 square meters may be
exempted from reservation of land as well as payment of shelter fee.
(4) The size of the plot reserved under sub-sections (1) and (2) for
economically weaker sections and low income groups shall not be less than 30
square meters or higher, as may be prescribed by the Government.
(5) In all residential buildings with total plot area above 1000 square
meters, not less than ten per cent of the floor area shall be reserved for
economically weaker sections and low income groups by way of flats :
Provided that where the total plot area is between 500 square meters and
1000 square meters, either floor area may be reserved for economically weaker
sections and low income groups or shelter fee be collected, as the case may be.
(6) All residential buildings with plot area below 500 square meters
may be exempted from reservation of floor area as well as payment of
shelter fee.
(7) The size of the unit reserved under section (5) for economically weaker
sections and low income groups shall not be less than 25 square meter of carpet
area or higher, as prescribed by the Government.
(8) The earmarking in sub-sections (1) and (5) shall be such that a
minimum of 20 per cent of developed land or 20 per cent of floor space Index
in all land development or housing projects (both by Public and Private
Agencies) is reserved for the economically weaker sections and low income
groups category taking into account the reservation at area plan or layout
approval stage or group housing approval stages together.
83-B. Identification of eligible persons and determination of cost of land

or houses. ––(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.
(2) For the allotment of plots or houses to the economically weaker

sections and the low income groups, the procedure for the selection of eligible
persons and the determination of the cost of such plots or houses shall be such
as be prescribed by the Government.
83-C. Incentives to developers.–– 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.
83-D. Non-residential development.–– 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.
83-E. Utilization of shelter fee.–– 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].
CHAPTER VIII
TAXES AND FEES
84. Taxes etc. to be imposed by Corporation under this Act and

arrangement of certain taxes collected by Government. ––(1) The Corporation
shall, for the purposes of this Act, levy the following taxes :––
(a) taxes on buildings and lands ;
(b) such other tax, at such rates as the State Government may, by
notification, in each case direct ;
(c) a duty on the transfer of immovable properties situated within the

limits of the municipal area in addition to the duty imposed under
the Stamp Act, Samvat 1977, as in force for the time being in the
State, on instruments of sale, gift and mortgage with possession of
immovable property situated in the municipal area at such rate, as
the Government may, by notification, direct, which shall not be
less than one per centum and more than two per centum on the
amount of the consideration, the value of the property or the amount
secured by the mortgage, as set forth in the instrument. The said
duty shall be collected by the Registrar or Sub-Registrar in the
shape of non-judicial stamp paper at the time of registration of the
document and intimation thereof shall be sent to the Corporation
immediately. The amount of the duty so collected shall be paid to
the Corporation.
(2) Subject to the prior approval of the Government, the Corporation

may for the purposes of this Act, in addition to the taxes specified in sub-
section (1) levy :––
(a) a tax on profession, trades, callings and employments ;
(b) a tax on vehicles other than motor vehicles and animals ;
(c) a tax on the increase in urban land values caused by the execution
of any development or improvement work ;
(d) show tax ;
(e) tax on consumption of energy at a rate not exceeding 2 paisa for

every unit of electricity consumed by any person within the
municipal area ;
(f) sewerage tax ;
(g) any other tax that may be imposed under the provisions of the
Jammu and Kashmir Municipal Act, 2000 :
Provided that no tax shall be imposed under this sub-section unless an

opportunity has been given in the prescribed manner to the residents of the
municipal area to file objections and the objections, if any, thus received have
been considered.
(3) The taxes as specified in sub-section (1) and sub-section (2) shall be
levied at such rates as may, from time to time, be specified by the Government
by notification and shall be assessed and collected in accordance with the
provisions of this Act, and the bye-laws made thereunder.
(4) The Government may, by special or general order, direct the

Corporation to impose any tax falling under sub-section (1) or sub-section (2)
not already imposed, within such period as may be specified and the
Corporation shall thereupon act accordingly.
(5) If the Corporation fails to carry out any order passed under sub-
section (4), the Government may by a suitable order notified in the Government
Gazette impose the tax and the order so passed shall operate as if the tax had
been duly imposed by the Corporation under sub-section (1) or sub-section
(2), as the case may be.
85. Fees that may be charged by the Corporation. ––(1) Subject to the
prior approval of the Government, the Corporation may in the manner
prescribed levy a fee with regard to the following :––
(i) a fee on advertisements other than advertisements in the

newspapers ;
(ii) a fee on building applications ;
(iii) development fee for providing and maintaining civic amenities in

certain areas ;
(iv) a fee with regard to lighting ;
(v) a fee with regard to scavenging ;
(vi) a fee in the nature of costs for providing internal services in a

building scheme or town planning scheme ;
(vii) any other fee as deemed fit by the Corporation for services rendered.
(2) The rates at which and the conditions subject to which the fees as
laid down in sub-section (1) may be levied by the Corporation would be decided
by the Government.
86. Components and rates of taxes of lands and buildings. ––(1) Save as
otherwise provided in this Act, taxes on lands and buildings in the municipal
area shall consist of the following, namely :––
(a) a water tax at such percentage of the rateable value of lands and
buildings as the Government may deem reasonable for providing
water supply in the municipal area or in lieu thereof water
charges at such rate as may be decided by the Government from
time to time.
(b) a general tax not more than fifteen per cent of the rateable value of
land and buildings within the municipal areas :
Provided that the general tax may be levied on a graduated scale, if the
Government so determines.
(2) Notwithstanding anything contained in sub-section (1), the

Government may exempt certain classes or categories of persons or lands and
buildings from the payment of the general tax.
87. Premises in respect of which water tax or charges are to be levied.––

Save as otherwise provided in this Act, the water tax shall be levied only in
respect of lands and buildings :––
(a) to which a water supply is furnished from or which are connected

by means of pipes with municipal water works ; or
(b) which are situated in any portion of the municipal area in which
the Commissioner has given public notice that sufficient water is
available from municipal water works for a reasonable supply to
all the lands and buildings in the said portion.
88. Determination of rateable value of lands and buildings assessable

to taxes.–– Subject to the rules, if any made by the Government in this behalf,
the rateable value of any land or building assessable to taxes specified in section
86 shall be :––
(a) in the case of land, the gross annual rent at which it is let ;
(b) in the case of any building the gross annual rent at which such
building together with its appurtenances and any furniture that may
be let for enjoyment therewith, is let, subject to the following
deductions :––
(i) such deductions not exceeding ten per cent of the gross annual
rent as the Commissioner in each particular case may consider
reasonable allowance on account of the furniture let therewith ;
(ii) a deduction of ten per cent for the cost of repairs and all
other expenses necessary to maintain the building in a state
to command such gross annual rent. The deduction under this
sub-clause shall be calculated on the balance of the gross
annual rent after the decision, if any under sub-clause (1) ;
(iii) where land is let with a building, such deduction, not

exceeding ten per cent of the gross annual rent, as the
Commissioner in each part icular case may consider
reasonable on account of the actual expenditure, if any,
annually incurred by the owner on the up-keep of the land in
a state to command such annual rent.
Explanation I.––For the purpose of this clause it is immaterial whether the

house or building and the furniture and the land let for use or
enjoyment therewith, are let by the same contract or by different
contracts, and if by different contracts whether such contracts
are made simultaneously or at different times.
Explanation II.–– The term “gross annual rent” shall not include any
tax payable by the owner in respect of which the owner and
tenant have agreed that it shall be paid by the tenant ;
(c) where the gross annual rent of any land or building cannot be
determined under clause (a) or clause (b)––
(i) in the case of land, ten percent of the cost of land ;
(ii) in the case of buildings, ten percent of the sum of the cost of erection
of the building and the cost of land :
Provided that in the calculation of the rateable value of any building ten
percent of the rateable value so determined shall be deducted for the cost of
repairs and for all other expenses necessary to maintain the building :
Provided further that where the property is in the occupation of the owner
for the purpose of his own residence, the annual value shall first be determined
as in clause (c) and further be reduced––
(A) Where the covered area of a by full amount so determined ;

building under self occupation
does not exceed fifty square
meters ;
(B) Where the covered area of a by full amount so determined, for first
building exceeds fifty square one hundred square meters and by half
meters. of the amount so determined for the
area by which it exceeds one hundred
square meters ;
(d) where the gross annual rent of the whole of the land or a building
cannot be determined under any of the clauses (a), (b) and (c)––
(i) in relation to that part or portion of such land or building to

which clause (a) or (b) applied as determined under the said
clause ; and
(ii) in relation to the remaining part or portion of such land or

building as determined under clause (c).
Explanation.–– For the purposes of this section “cost of land” and “cost of
erection of the building” shall mean cost of land and/or cost
of erection of building at the time of purchase of such land
and/or erection of building, as the case may be.
89. Taxation of Union properties.–– Notwithstanding anything contained

in the foregoing provisions of this Chapter, lands and buildings being properties
of the Union of India shall be exempted from the taxes on lands and buildings
specified in section 86 :
Provided that nothing in this section shall prevent the Corporation from
charging the service charges in lieu of services provided as may be leviable as
per Government of India instructions.
90. Incidence of taxes on lands and buildings. ––(1) The taxes on lands
and buildings shall be primarily leviable as follows :––
(a) if the land or building is let, upon the lessor ;
(b) if the land or building is sub-let, upon the superior lessor ;
(c) if the land or building is unlet, upon the person in whom the right
to let the same vests.
(2) If any land has been let for a term exceeding one year to a tenant and
such tenant has built upon the land, the taxes on lands and buildings assessed
in respect of that land and the building erect thereon, shall be primarily leviable
upon the said tenant, whether the land, building are in the occupation of such
tenant or a sub-tenant of such tenant.
Explanation.–– The term “tenant” includes any person deriving title to the
land or building erected upon such land from the tenant whether
by operation of law or by transfer inter vivos.
(3) Assessment of any building to a tax under this Act would not imply
or be proof of the fact that the building is an authorised one.
91. Apportionment of liability of taxes on lands and buildings when

premises assessed are let or sublet. ––(1) If any land or building assessed to
taxes specified in section 86 is let and its rateable value exceeds the amount of
rent payable in respect thereof to the person upon whom under the provisions
of section 90 the said taxes are leviable, that person shall be entitled to receive
from his tenant the difference between the amount of the said taxes levied
upon him and the amount which would be leviable upon him if the said taxes
were calculated on the amount of rent payable to him.
(2) If the land or building is sub-let and its rateable value exceeds the
amount of rent payable in respect thereof to the tenant by his sub-tenants or
the amount of rent payable in respect thereof to a sub-tenant by the persons
holding under the sub-tenant, the tenant shall be entitled to receive from his
sub-tenant or the sub-tenant shall be entitled to receive from person holding
under him, as the case may be, the difference, between any sum recovered
under this section from such tenant or sub-tenant and the amount of taxes on
lands and buildings which would be leviable in respect of the said land or
building if the rateable value thereof were equal to the difference between the
amount of rent which such tenant or sub-tenant received and the amount of
rent which he pays.
(3) Any person entitled to receive any sum under this section shall have,
for the recovery thereof, the same rights and remedies as if such sum were rent
payable to him by the person from whom he is entitled to receive the same.
92. Recovery of taxes on lands and buildings from occupiers. ––(1) On

the failure to recover any sum due on account of taxes specified in section 86
in respect of any land or building from the person primarily liable therefor
under section 90 the Commissioner shall in the prescribed manner recover
from every occupier of such land or building by attachment the rent payable
by such occupier, a portion of the total sum due which bears, as nearly as may
be the same proportion to that sum as the rent annually payable by such occupier
bears to the total amount of rent annually payable in respect of the whole of
the land or building.
(2) An occupier from whom any sum is recovered under sub-section (1)
shall be entitled to be reimbursed by the person primarily liable for the payment
and may in addition to having recourse to other remedies that may be open to
him, deduct the amount to be recovered from the amount any rent from time to
time becoming due from him to such person.
93. Taxes on lands and buildings as first charge on premises on which

they are assessed.–– Taxes due under this Act in respect of any land or building
shall, subject to the prior payment of the land revenue, if any due to the
Government, be a first charge thereon.
Explanation.–– The term “taxes” in this section shall be deemed to include

the costs of recovery thereof and the penalty, if any, payable
as specified in the bye-laws.
94. Assessment list. ––(1) Save as otherwise provided in this Act the
Corporation shall cause an assessment list of all lands and buildings in the
municipal area to be prepared in such form and manner and containing such
particulars with respect to each land and building as may be prescribed by
bye-laws.
(2) When the assessment list has been prepared, the Commissioner shall
give public notice thereof, and of the place where the list or a copy thereof
may be inspected, and every person claiming to be the owner, lessee or occupier
of any land or building included in the list and any authorised agent of such
person, shall be at liberty to inspect the list and to take extract therefrom free
of charge.
(3) The Commissioner shall, at the same time, give notice of a date not
less than one month thereafter, when he will proceed to consider the rateable
value of lands and buildings entered in the assessment list, and in all cases in
which any land or building is for the first time assessed (or the rateable value
of any land or building is increased) shall also give written notice thereof to
the owner or to any lessee or occupier of the land or building.
(4) Any objection to rateable value or any other matter as entered in the
assessment list, shall be made in writing to the Commissioner before the date
fixed in the notice and shall state in what respect the rateable value or other
matter is disputed, and all objections so made shall be recorded in register to
be kept for the purpose.
(5) The objection shall be inquired into and investigated and the persons
making them shall be allowed an opportunity of being heard either in person
or by authorised agent, by a Committee consisting of two members elected by
the Corporation for that purpose and the Commissioner or an officer of the
Corporation authorised by him in this behalf.
(6) When all objections have been disposed of, and the revision of the
rateable value has been completed, the assessment list shall be authenticated
by the signature of the Commissioner, or as the case may be, the officer
authorised by him in this behalf, who shall certify that except in the cases, if
any, in which amendments have been made as shown therein, no valid
objection has been made to the rateable value or any other matters entered in
the said list.
(7) The assessment list so authenticated shall be deposited in the office

of the Corporation and shall be open for inspection free of charge during office
hours to all owners, lessees and occupiers of lands and buildings comprised
therein or the authorised agents of such persons, and a public notice that it is
so open shall forthwith be published.
95. Evidentiary value of assessment list.–– Subject to the alterations as

may thereafter be made in the assessment list under section 96 and to the result
of any appeal made under the provisions of this Act the entries in the assessment
list authenticated and deposited as provided in section 94 shall be accepted as
conclusive evidence, for the purpose of assessing any tax levied under this
Act, of the rateable value of all lands and buildings to which such entries
respectively relate.
96. Amendment of assessment list. ––(1) The Commissioner may, at any

time, amend the assessment list,––
(a) by inserting therein the name of any person whose name ought to
be inserted ; or
(b) by inserting therein any land or building previously omitted ; or
(c) by striking out the name of any person not liable for the payment
of taxes on land and buildings ; or
(d) by increasing or reducing for adequate reasons the amount of any

rateable value and of the assessment thereupon ; or
(e) by making or cancelling any entry exempting any land or building

from liability to any tax ; or
(f) by altering the assessment on the land or building which has

been erroneously valued or assessed through fraud, mistake or
accident ; or
(g) by inserting or altering an entry in respect of any erected, re-erected,

altered or added to, after the preparation of the assessment list :
Provided that no person shall by reason of any such amendment become

liable to pay any tax in respect of any period prior to the commencements of
the year in which the notice under sub-section (2) is given.
(2) Befor e m aki ng a ny amendment under sub-section (1) t he

Commissioner shall give to person affected by the amendment, notice of not
less than one month that he proposes to make the amendment and consider any
objections, which may be made by such person.
97. Preparation of new assessment list.–– It shall be in the discretion of

the Commissioner to prepare for the whole or any part of the Corporation a
new assessment list every year or to adopt the valuation and assessment
contained in the list for any year with such alterations as may in particular
cases be deemed necessary, as the valuation and assessment for the year, giving
to persons affected by such alterations the same notice of the valuation and
assessment as if a new assessment list had been prepared :
Provided that the valuation and assessment contained in the list for any
year shall not be adopted for a period exceeding five years.
98. Notice of transfer. ––(1) Whenever the title of any person primarily
liable for the payment of taxes specified in section 86 on any land and buildings
is transferred the person whose title is transferred and the person to whom the
same is transferred shall within three months after execution of the instruments
of transfer or after its registration, if it is registered, or after the transfer is
effected, if no instrument is executed, give notice of such transfer in writing to
the Commissioner.
(2) In the event of the death of any person primarily liable as aforesaid,
the person on whom the title of the deceased devolves, shall give notice of
such devolution to the Commissioner within six months from the date of the
death of the deceased.
(3) The notice to be given under this section shall be in such form as
may be determined by bye-laws made under this Act, and the transferee or
the other person on whom the title devolves shall, if so required, be bound
to produce before the Commissioner any documents evidencing the transfer
or devolution.
(4) Every person who makes a transfer as aforesaid without giving such
notice to the Commissioner, shall, in addition to any penalty to which he
may be subjected under the provisions of this Act, continue to be liable for
the payment of all taxes specified in section 86 from time to time payable in
respect of the land or building transferred until he gives such notice or until
the transfer has been recorded in the Commissioner ’s book, but nothing in
this section shall be held to affect the liability of the transferee for the payment
of the said taxes.
(5) The Commissioner shall record every transfer or devolution of title

notified to him under this section in his books and in the assessment list.
(6) On a written request by the Commissioner, the Registrar or Sub-

Registrar, having jurisdiction in the municipal area appointed under the
Registration Act, Samvat 1977, shall furnish such particulars regarding the
registration of instruments of transfer of immovable properties in the municipal
area, as the Commissioner may from time to time require.
(7) Such information shall be furnished as soon as may be after the

registration of an instrument of transfer is effected, or if the Commissioner so
requests, by periodical returns at such intervals as the Commissioner may fix.
99. Notice of erection of building etc.–– When any new building is erected
or when any building is re-built or enlarged or when any building which has
been vacant is re-occupied, the person primarily liable for the taxes specified
in section 86 assessed on the building, shall give notice thereof in writing to
the Commissioner 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
enlargement or re-occupation and the said taxes shall be assessable on the
building from the said date.
100. Notice of demolition or removal of building. ––(1) When any

building or any portion of a building, which is liable to the payment of taxes
specified in section 86 is demolished or removed, otherwise than by order of
the Commissioner, the person primarily liable for the payment of the said taxes,
shall give notice thereof in writing to the Commissioner.
(2) Until notice is given by person as mentioned under sub-section (1),

he shall continue to be liable to the payment of such taxes as he would have
been liable to pay in respect of such building if the same or any portion thereof
had not been demolished or removed.
101. Power of Commissioner to call for information. ––(1) To enable

the Commissioner to determine the rateable value of any land or building and
the person primarily liable for the payment of any taxes specified in section
86 leviable in respect thereof, the Commissioner may require the owner or
occupier of such land or a building, or of any portion thereof to furnish him
within such reasonable period as the Commissioner fixes in this behalf, with
information by such owner or occupier––
(a) as to the name and place of a residence of the owner or occupier or

of both the owner and occupier of such land or a building ;
(b) as to the measurements or dimensions of such land or building or

any portion thereof and the rent, if any, obtained for such land or
building or any portion thereof ;
(c) as to the actual cost or other specified details connected with the
determination of the value of such land or a building.
(2) Every owner or occupier on whom any such requisition is made shall
be bound to comply with the same and to give true information to the best of
his knowledge or belief.
(3) Whoever omits to comply with any such requisition or fails to give
true information to the best of his knowledge or belief shall, in addition to any
penalty to which he may be liable, be precluded from objecting to any
assessment made by the Commissioner in respect of such land or building of
which he is the owner or occupier.
102. Premises owned by or let to, two or more persons in severalty to be

ordinarily assessed as one property.–– Notwithstanding that any land or
building is owned by, or let to two or more persons in severalty, the
Commissioner shall for the purpose of assessing such land or a building to
taxes specified in section 86 treat the whole of it as one property :
Provided that the Commissioner may, in respect of any land or building

which was originally treated as one property but which subsequently passes
on by transfer, succession or in any other manner to two or more persons who
divide the same into several parts and occupy them in severalty, treat, subject
to any bye-law made in this behalf each such several part, or two or more of
such several parts together, as a separate property and assess such part or
parts to the said taxes accordingly.
103. Assessment in case of amalgamation of premises.–– If any land or

building, bearing two or more municipal numbers, or portions thereof, be
amalgamated into one or more new premises, the Commissioner shall on such
amalgamation assign to them one or more numbers and assess them to taxes
specified in section 86 accordingly :
Provided that the total assessment on amalgamation shall not be greater

than the sum of the previous assessment of the several premises except when
there is an revaluation of any of the said premises.
104. Power of Commissioner to assess separately out houses and portion

of buildings.–– The Commissioner may in his discretion assess any out houses
appurtenant to a building, or any portion of a land or building separately from
such building or, as the case may be, from the rest of such land or building.
105. Powe rs of Commi ssioner to empl oy v al uers. –– (1) Th e

Commissioner may, if he thinks fit, employ one or more competent persons
to give advice or assistance in connection with the valuation of any land or
building, and any person so employed shall have power at all reasonable
times and after giving due notice, and on production, if so required, of
authorisation in writing in that behalf from the Commissioner, to enter on,
survey and value any land or building which the Commissioner may direct
him to survey and value.
(2) No person shall wilfully delay or obstruct any such person in the
exercise of any of his powers under this section.
106. Recovery of tolls or taxes. ––(1) In case of non-payment of any toll

on demand, the officer empowered to collect the same may seize any article or
any vehicle or animal on which the toll is chargeable, or any part of its burden
of sufficient value to satisfy the demand.
(2) The Corporation after the lapse of five days from the seizure and after
the issue of a proclamation fixing the time and place of sale may cause any
property so seized, or so much thereof, as may be necessary to be sold by auction
to satisfy the demand with the expenses occasioned by the seizure, custody and
sale thereof, unless the demand and expenses are in the meantime paid :
Provided that, by order of the Commissioner, articles of a perishable

nature which cannot be kept for five days without serious risk of damage may
be sold after the lapse of such shorter time as he may, having regards to the
nature of the articles, think proper.
107. Tax on vehicles and animals.––(1) A tax under clause (b) of sub-
section (2) of section 84 shall be levied at rates specified, from time to time,
by the Government in this behalf on :––
(a) vehicles, other than motor vehicles and other conveyances plying
for hire and kept within the municipal area ;
(b) animals used for riding, driving, drought or load when kept within
the municipal area.
(2) A vehicle or animal kept outside the limits of the municipal area but
regularly used within such limits shall be deemed to be kept for the use in
municipal area.
108. Tax on whom leviable.–– The tax on vehicles or animals shall be

leviable upon the owners of or the person having possession or control of such
vehicle or animals in respect of which the tax is leviable :
Provided that in the case of an animal generally used or employed in

drawing any vehicle, the tax in respect of such animal, shall be leviable upon
the owner of, or the person having possession or control of, such vehicle,
whether or not such animal is owned by such owner or person.
109. Exemption from taxes on vehicles and animals. ––(1) The tax
under clause (a) of sub-section (1) of section 107, shall not be leviable in
respect of :––
(a) vehicles belonging to the Corporation, Government or the Union

of India ;
(b) vehicles intended exclusively for the conveyance, free of charge,

of the injured, the sick or the dead ;
(c) vehicles kept by bona fide dealrs and vehicles merely for sale and
not for use.
(2) The tax under clause (b) of sub-section (1) of section 107 shall not
be leviable in respect of animals belonging to the Corporation, the Government
or the Government of India.
110. Levy of development tax.–– The Corporation shall, with the

approval of the Government, charge development tax on the increase in the
value of the land or building comprised in a scheme put into operation within
the municipal area under Chapter XIX, but not actually required for the
execution thereof.
111. Amount of development tax. ––(1) The development tax shall be an

amount equal to one half of the difference between the market value of the
land or building on the date specified in the notification issued under sub-
section (2) and the market value of such land or building on or immediately
before the date on which the scheme after sanction is finally notified under
Chapter XIX :
Provided that for the purpose of calculation under this section the
land shall be treated as free of all building.
112. Payment of development tax.–– Every owner of land or building

mentioned in section 110 or any person having an interest therein in
respect of the increase in the value of such land or building, shall in the
manner hereinafter provided, pay to the Corporation such development
tax as may be assessed by the Commissioner.
113. Notice of completion of scheme.–– The Government shall, by

notification in the Government Gazette, declare the date on which a
scheme shall be deemed to have been completed.
114. Assessment of development tax. ––(1) The Commissioner or an

officer authorised by him in his behalf shall at any time after the
publication of the notification under section 113 assess the amount of
development tax payable by the person concerned and shall give a notice
in writing to such a person stating the amount of tax and the instalments,
if any, and the dates on which tax shall be paid together with such
particulars as may be necessary.
(2) Any person on whom a notice of assessment is served under sub-

section (1) may, within one month from the date of service of such notice
file an objection against such assessment before the Commissioner or an
officer authorised by him in this behalf :
Provided that an objection may be entertained after the expiry of

the period of one month if the Commissioner or an officer authorised by
him under sub-section (1) is satisfied that the failure to file objection
was due to any cause beyond the control of the objector.
(3) After the opportunity has been given to the objector of being
heard the Commissioner or an officer authorised under sub-section (1)
shall decide the objection and may then confirm, modify or cancel the
assessment.
(4) If the person on whom the notice of assessment is served under

sub-section (1) fails to file an objection under sub-section (2), the order
or assessment shall be conclusive and shall not be questioned before any
Court or Tribunal.
115. *Tax on advertisements. ––(1) Every person, who erects, exhibits,

fixes or retains upon or over any land, building, wall, boarding, frame, post or
structure or upon or in any vehicle any advertisement or, who displays through
advertisements to public view any matter whatsoever visible from the public
street or public place (including any advertisement exhibited by means of
cinematograph) shall pay for every advertisement which is so erected, exhibited,
fixed or retained or so displayed to public view, a fee calculated at such rates,
as may from time to time, be specified by the Government :
Provided that no fee shall be levied under this section on any

advertisements which :––
(a) appears in newspapers, relates to a public meeting, or to an election

to Parliament or Legislative Assembly or the Corporation or to
candidature in respect of such election ; or
(b) i s exh i bi t ed wi t hi n t h e win dows or a ny bui ldi ng if th e

advertisements relates to the trade, profession or business carried
in the building ; or
(c) relates to the trade, profession or business carried on within the

land or building upon or over which such advertisement is exhibited
or to any sale or letting of such land or building or any effect therein
or to any sale, entertainment or meeting to be held on or upon or in
the same ; or
(d) relates to the name of the land or building upon or over which the
advertisement is exhibited, or to the name of the owner or the
occupier of such land or building ; or
(e) relates to any activity of the Government or Union of India or the

Corporation.
(2) The fee on any advertisement leviable under this section shall be
payable in advance in such number of instalments and in such manner as may
be determined by bye-laws made in this behalf.
Explanation–I.–– The word ‘structure’ in this section includes any moveable

board on wheels used an as an advertisement or an
advertisement medium.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
* The word ‘Fee’ should have been used instead of ‘Tax’.
Explanation–II.––T he wor d ‘adver t isemen t’ i n r ela t ion t o a fee on

advertisement under this Act, means any word, letter, model,
sign, placard, notice, device or representation whether
illuminated or not in nature of and employed wholly or in
part for the purposes of advertisement, announcement or
direction.
116. Prohibition of advertisement without written permission of

Commissioner. ––(1) No advertisement shall be erected, exhibited, fixed or
retained upon or over any land, building, wall, boarding, frame, post or structure
or upon any vehicle or shall be displayed in any manner, whatsoever in any
place within the municipal area without the written permission of the
Commissioner granted in accordance with bye-laws, made under this Act.
(2) The Commissioner shall not grant such permission, if :––
(a) the advertisement contravenes any bye-law made under this

Act ; or
(b) the fee, if any, due in respect of advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) in the case of any

advertisement liable to the advertisement fee, the Commissioner shall grant
permission for the period to which the payment of the fee relates and no fee
shall be charged in respect of such permission.
117. Permission of Commissioner to become void in certain cases. ––

The permission granted under section 116 shall become void in the following
cases, namely :––
(a) if the advertisement contravenes any bye-laws made under this Act ;
(b) if any material change is made in the advertisement or any part

thereof without the previous permission of the Commissioner ;
(c) if the advertisement or any part thereof falls otherwise than through
accident ;
(d) if any addition or alteration is made to, or in the building, walls,

boarding, frame, post or structure upon or over which the
advertisement is erected, exhibited, fixed or retained if such
addition or alteration involves the disturbance of the advertisement
or any part thereof ; or
(e) if the building, wall, boarding, frame, post or structure over which
the advertisement is erected, exhibited, fixed or retained is
demolished or destroyed.
118. Presumption in case of contravention.–– When any advertisement

has been exhibited, fixed or retained upon or over any land, building, wall,
boarding, post or structure or upon or in any vehicle or displayed to public
view from a public street or public place in contravention of the provisions of
this Act or any bye-laws made thereunder, it shall be presumed, unless and
until contrary is proved, that the contravention had been committed by the
person or the persons on whose behalf the advertisement purports to be or the
agents of such person or persons.
119. Power of Commissioner in case of contravention.–– If any

advertisement is erected, exhibited, fixed or retained in contravention of the
provisions of section 116, the Commissioner may require the owner or occupier
of the land, building, wall, boarding, frame, post or structure or vehicle upon
or over or in which the same is erected, exhibited, fixed or retained, to take
down or remove such advertisement or may enter any land, building, property
or vehicle and have the advertisement dismantled, taken down or removed or
spoiled, defaced or screened.
120. Fee on building applications.–– Every person who makes an

application to the Commissioner for the sanction of a building plan shall pay
alongwith the application, fee at such rate as may, from time to time, be specified
by the Government.
121. Time and manner of payment of taxes or fees.–– Save as otherwise

provided in this Act, any tax or fee levied under this Act shall be payable on
such dates, in such number of instalments and in such manner as may be
determined by bye-laws in this behalf :
Provided that if the tax or fee is not paid within one month of the due
date, an interest at the rate of one percent per month shall be charged for every
calendar month or part thereof.
122. Presentation of bill of tax or fee. ––(1) When the tax or fee has
become due, the Commissioner shall cause to be presented to the person liable
for the payment thereof, a bill for the amount due :
Provided that no such bill shall be necessary in the case of :––
(a) tax on vehicles and animals ;

(b) show tax ; and
(c) tax on advertisement.
(2) Every such bill which shall be in the prescribed form, shall, for the
purposes of this Act, be considered a notice of demand and shall specify the
particulars of tax or fee and the period for which the charge is made.
(3) If the amount specified in bill is paid within a period of fifteen days
from the presentation thereof, a rebate of ten percent shall be allowed in the
amount of tax or fee.
(4) If the tax on vehicles and animals or the show tax is not paid after it
has become due, the Commissioner may cause to be served upon the person
liable for the payment of the same a notice of demand in the prescribed form.
(5) For every notice of demand served under sub-section (4) a fine of
such amount as may be determined by bye-laws made in this behalf shall be
payable by the person on whom the notice is served and shall be included in
the costs of recovery.
123. Consequences of the failure to pay tax or fee within thirty days.––
If the person liable for the payment of any tax or fee does not within thirty
days from the serving of the notice of demand under sub-section (2) or sub-
section (4) of section 122, pay the same, the tax or fee together with the costs
of recovery shall be recoverable in the manner provided hereinafter.
124. Manner of recovering tax or fee.–– Any sum due on account of tax
or fee payable under this Act may be recovered, together with costs of recovery
by all or any of the following processes, in the manner prescribed :––
(i) an arrear of land revenue ;
(ii) by distraint and sale of a defaulter’s moveable property ;
(iii) by the attachment and sale of a defaulter’s immovable property ;
(iv) in the case of octroi and toll, by the seizure and sale of goods and
vehicles ;
(v) in the case of taxes on lands and buildings by the attachments of

rent due in respect of the property ; and
(vi) by a suit.
125. Power of seizure of vehicles and animals in case of non-payment of

tax thereon. ––(1) If the tax on any vehicle or animal is not paid, then instead
of proceeding against the defaulter by distraint and sale of his other moveable
property, the Commissioner may, at any time after the tax has become due,
seize and detain the vehicle or animal or both, and if the owner or other person
entitled thereto does not within seven days in respect of vehicle and two days
in respect of animal from the date of such seizure and detention, claim the
same and pay the tax due together with the charges incurred in connection
with the seizure and detention, the Commissioner may cause the same to be
sold and apply the proceeds of the sale or such part thereof as is required in
the discharge of the sum due and the charges incurred as aforesaid.
(2) The surplus, if any, remaining after the application of the sale proceeds
under the sub-section (1) shall, immediately after the sale of the property be
credited to the Corporation Fund and notice of such credit shall be given at the
same time to the person whose property has been sold or his legal representative
and if the same is claimed by written application to the Commissioner within
one year from the date of notice a refund thereof shall be made to such person
or his representative.
(3) Any surplus not claimed within one year as aforesaid shall be the
property of the Corporation.
126. Demolition etc. of building.–– If any building is wholly or partly

demolished or destroyed or otherwise deprived of value, the Commissioner
may, on the application in writing of the owner or occupier, remit or refund
such portion of any tax assessed on the rateable value thereof as he thinks fit.
127. Remission or refund of tax on land and building. ––(1) If any

building together with land appurtenant thereto has remained vacant and
unproductive of rent for sixty or more consecutive days, the Commissioner
shall remit or refund, as the case may be, two-thirds of such portion of the
fire tax and the general tax assessed or the rateable value thereof as may
be proportionate to the number of days during which the said building
together with the land appurtenant thereto has remained vacant and
unproductive of rent.
(2) If any land not being land appurtenant to a building has remained
vacant and unproductive of rent for sixty or more consecutive days, the
Commissioner shall remit or refund, as the case may be, one half of such portion
of the fire tax and the general tax assessed on the rateable value thereof as
may be proportionate to the number of days during which the said land remained
vacant and unproductive of rent.
(3) If any land whether appurtenant to a building or not or any building

has remained vacant and unproductive of rent for sixty or more consecutive
days, the Commissioner shall remit or refund as the case may be, such portion
of water tax assessed on the rateable value thereof as may be proportionate to
the number of days during which the said land or building has remained vacant
and unproductive of rent :
Provided that no remission or refund of the water tax shall be allowed

unless an application in such form as may be prescribed by bye-laws made in
this behalf has been made to the Commissioner to stop the supply of water to
such land or building and that the Commissioner is satisfied that having regard
to the circumstances any such remission or refund should be allowed.
128. Powers to require entry in assessment of details of buildings. ––

(1) For the purpose of obtaining a partial remission or refund of tax, the
owner of a building composed of separate tenements may request the
Commissioner, at the time of the assessment list in addition to the rateable
value of the whole building, a note regarding any detail of the rateable value
of each separate tenement.
(2) When any tenement, the rateable value of which has been thus
separately recorded, has remained vacant, unproductive of rent for sixty or
more consecutive days such portion of any tax assessed on the rateable value
of the whole building shall be refunded as would have been remitted or refunded
if the tenement had been separately assessed.
129. Notice to be given of circumstances in which remission or refund is

claimed.–– No remission or refund under section 127 or section 128 shall be
made unless notice in writing of the fact that the land, building or tenement
has become vacant and unproductive of rent, has been given to the
Commissioner and no remission or refund shall take effect in respect of any
period commencing more than fifteen days before delivery of such notice.
130. What building etc. are to be deemed vacant. ––(1) For the purpose
of sections 127 and 128 no land, building or tenement shall be deemed vacant
if maintained as a pleasure resort or town or country house or be deemed
unproductive of rent if let to a tenant who has a continuing right of occupation
thereof, whether he is in actual occupation or not.
(2) The burden of proving the facts entitling any person to claim relief
under section 126, or section 127, or section 128, shall be upon him.
131. Notice to be given of every occupation of vacant land or building.––

The owner of the land, building or tenement in respect of which a remission or
refund of tax has been given under section 127, or section 128, shall give
notice of the re-occupation of such land, building or tenement within fifteen
days of such re-occupation.
132. Appeal against assessment etc. ––(1) An appeal against the levy or
assessment of any tax under this Act shall lie to the Special Tribunal and every
such appeal shall, subject to the provisions of this Act, be received, heard and
disposed of by him.
(2) In every appeal, the cost shall be in the discretion of the Special
Tribunal.
(3) Costs awarded under this section to the Corporation shall be

recoverable by the Corporation as an arrear of tax due from the appellant.
(4) If the Corporation fails to pay any costs awarded to any appellant
within ten days after the date of the payment thereof, the Special Tribunal may
order the Commissioner to pay the amount to the appellant.
133. Conditions of right to appeal.–– No appeal shall be entertained

under section 132, unless :––
(a) the appeal is, in the case of tax on lands and buildings brought
within thirty days next after the date of authentication of the
assessment list under section 94 (exclusive of the time requisition
for obtaining a copy of relevant entries therein), or, as the case
may be, within thirty days of the date of the receipt of the notice of
assessment or of alteration of assessment or, if no notice is given,
within thirty days of the date of the receipt of the notice of
assessment or of alteration of assessment or, if no notice has been
given, within thirty days after the date of service of the first notice
of demand in respect thereof :
Provided that an appeal may be admitted after the expiration of the period
prescribed therefor by this section if the appellant satisfies the Special Tribunal
that he had sufficient cause for not preferring the appeal within that period.
(b) the amount, if any, in the appeal has been deposited by the appellant
in the office of the Corporation.
*134. Finality of appellate orders.–– Any person aggrieved by an order

passed in appeal under section 132 may with in th irty days of the
announcement of the 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 :
Provided that the Tribunal shall not pass an order under this section
prejudicial to any person without giving such person reasonable opportunity
of being heard.
135. Taxation not to be questioned except under this Act.––(1) No

objection shall be taken to any valuation or assessment, nor shall the liability
of any person to be assessed or taxed be questioned in any other manner or by
any other authority than is provided in this Act.
(2) No refund of any tax shall be claimable by any person otherwise than
in accordance the provisions of this Act and the rules made thereunder.
136. Power to inspect for the purposes of determining the rateable value
of tax or fee. ––(1) The Commissioner or any other person authorised by him
in this behalf, may without giving any previous notice, enter upon and make
an inspection of :––
(a) any land or building for the purpose of determining the rateable
value of such land or building ;
(b) any stable, garage, or coach house or any place wherein he may
have reason to believe that there is any vehicle or animals liable to
a tax or fee under this Act ;
(c) any place or premises which he has reason to believe are being
used or are about to be used for any performance or show in respect
of which the show tax is payable or would be payable ; and
(d) any land, building or vehicle in or upon which any advertisement

liable to fee under this Act is exhibited or displayed.
(2) The Commissioner may, by written summons, require the attendance

before him of any person whom he has reason to believe to be liable to the
payment of a tax in respect of a vehicle or animal, or of any servant of any
* The forum which passes an order in appeal can’t sit over its own order in revision. Here the
revision application needs to be moved before the Government or the High Court instead of Spe-
cial Tribunal. Housing & U.D. Department may take note of the shortcoming. (Editor).
such person and may examine such person or servant as to the number and
description of vehicles and animals owned by or in the possession or under the
control of such person and every person and servant of such person so
summoned shall be bound to attend before the Commissioner and to give
information to the best of his knowledge and belief as to the said matter.
137. Composition. ––(1) Subject to the rules made in this behalf,

the Commissioner may, with the previous sanction of the Corporation,
allow any person to compound any tax for a period not exceeding one
year at a time.
(2) Every sum due by reason of the composition of a tax under sub-
section (1) shall be recovered as an arrear of tax under this Act.
138. Irrecoverable debts. ––(1) The Commissioner may write off any
sum due on account of any tax or of the costs of recovering any tax if such sum
is, in his opinion, irrecoverable :
Provided that no sum exceeding one thousand rupees shall be written off
in favour of any one person without the previous sanction of the Corporation.
(2) The Commissioner shall report to the Corporation every case in which
any sum has been written of under sub-section (1).
139. Obligation to disclosed liability. ––(1) The Commissioner may, by

written notice, call upon any person in the Municipal area to furnish such
information as may be necessary for the purpose of ascertaining:––
(a) whether such inhabitant is liable to pay any tax or fee imposed by
the Corporation under this Act ;
(b) at what amount he should be assessed ; or
(c) the rateable value of the land or building which he occupies and
the name and address of the owner or lessee thereof.
(2) If any person when called upon under sub-section (1) to furnish
information neglects to furnish it within the period specified in this behalf by
the Commissioner or furnishes information which is not true to the best of his
knowledge or belief, he shall be liable, in addition to any penalty which may
be imposed under this Act, to be assessed at such amount on account of tax or
fee as the Commissioner deem proper.
140. Powers to amend list in certain cases.–– Notwithstanding anything

contained in this Chapter, where the prescribed authority is satisfied that any
property has been erroneously valued or assessed through fraud, accident or
mistake, whether on the part of the Corporation or any officer or employees of
the Corporation or of the assessee, it may, after giving to the assessee an
opportunity of being heard or after making such enquiry as it may deem fit,
pass an order amending the assessment already made and fixing the amount of
tax payable for that property and on the issue of such an order the assessment
list then in force shall, subject to the order, if any, passed in appeal or revision
be deemed to have been amended accordingly with effect from first day of
January, or first day of April, or first day of July or fist day of October next
following the month in which the order is passed.
141. Immaterial error not to affect liability.–– No assessment and no

charge or demand on account of any tax shall be impeached or affected by
reason only of any mistake in the name, residence, place of business or
occupation of any person liable to pay the tax or in the description of any
property or thing, or of any mistake in the amount of the assessment, charge or
demand, or by reason only of clerical error or other defects of form, if the
directions contained in this Act and the bye-laws made thereunder have in
substance and effect been complied with ; and it shall be enough in the case of
any such tax on property or any assessment of value for the purpose of any
such tax, 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.
142. Powers of exemption.–– The Corporation may, by resolution passed

in this behalf, exempt, whole or in part for any period not exceeding one year
from the payment of any tax, any person who by reason of poverty may in its
opinion, be unable to pay the same, and may renew such exemption as often as
may be necessary.
143. Powers of Government in regard to taxes. ––(1) The Government

may by order exempt in whole or in part from the payment of any tax any
person or class of persons or any property or description of property.
(2) If at any time it appears to the Government, on complaint made or

otherwise, that any tax imposed is unfair in its incidence or that the levy
thereof or any part thereof is injurious to the interest of the general public, it
may require the Corporation to take within the specified period, measures to
remove the objections ; and, if within that period the requirement is not
complied with to the satisfaction of the Government, the Government may,
by notification, suspend the levy of the tax or such part thereof until the
objection has been removed.
CHAPTER IX
BORROWING
144. Powers of Corporation to borrow. ––(1) The Corporation may, in

pursuance of any resolution passed by it, borrow by way of debenture or
otherwise on the security of any immovable property vested in it or proposed
to be acquired by it or of all or any of the taxes, rates, cesses, fees and charges
authorised by or under this Act, or from public financial institutions, any sums
of money which may be required :––
(a) for acquiring any land which it has power to acquire ;
(b) for erecting any building which it has power to erect ;
(c) for the execution of any permanent work, the provision of any plant,
or the doing of any other thing which it has power to execute,
provide or do, if the cost of carrying out the purpose in question
ought to be spread over a term of year ;
(d) to pay off any debt due to the Government ;
(e) to repay a loan previously raised under this Act or any other Act
previously in force ; or
(f) for any other purpose for which the Corporation is, by virtue of
this Act or any other law for the time being in force, authorised to
borrow :
Provided that ––
(i) no loan shall be raised without the previous sanction of the

Government ;
(ii) the amount of loan, the rate of interest and the terms including the
date of floatation, the time and method of the repayment and the
like shall be subject to the approval of the Government.
(2) When any sum of money has been borrowed under sub-section (1) no
portion of any sum of money borrowed for any of the purposes referred to in
clause (c) of sub-section (1) shall be applied to the payment of salaries and
allowances to any Corporation employees other than those exclusively
employed in connection with the carrying out of that purpose.
145. Time for repayment of money borrowed under section 144.–– The
time for the repayment of any money borrowed under section 144 shall in no
case exceed sixty years and the time for repayment of any money borrowed
for the purpose of discharging any previous loan shall not except with the
express sanction of the Government extend beyond the unexpired portion of
the period for which such previous loan was sanctioned.
146. Form and effect of debentures.–– All debentures issued under this
Chapter shall be in such form as the Corporation may, with the previous sanction
of the Government, determine and shall be transferable in such manner as
shall be expressed therein, and the right to sue in respect of the money secured
by any of such debentures shall vest in the holders thereof for the time being
without any preference by reason of some of such debentures being prior in
date to others.
147. Receipt by joint holders for the interest or dividend.–– When two
or more persons are joint holders of any debenture or security issued under
this Act, any one of such persons may give an effectual receipt for any interest
or dividend payable in respect of such debentures or security, unless notice to
the contrary has been given to the Corporation by the other persons.
148. Maintenance and investment of sinking fund. ––(1) The Corporation

shall maintain sinking funds for the repayment of money borrowed on
debentures issued and shall pay every year into such sinking funds such sum
as will be sufficient for the repayment within the period fixed for the loan of
all moneys borrowed on the debentures issued.
(2) All moneys paid into the sinking funds shall, as soon as possible,
be invested by the Commissioner in public securities and every such
investment shall be reported by the Commissioner to the Corporation within
fifteen days.
(3) All dividends and other sums received in respect of any such
investment shall, as soon as possible after the receipt, be paid into the sinking
funds and invested in the manner laid down in sub-section (2).
(4) Any investment made under this section may, subject to the provisions
of sub-section (2), be varied or transposed.
149. Application of sinking fund.–– A sinking fund or any part thereof

shall be applied in or towards the discharge of loan or part of the loan for
which fund was created, and until such loan or part is wholly discharged shall
not be applied for any other purpose.
150. Annual statement by Commissioner. ––(1) The Commissioner shall,

at the end of every year, submit to Corporation a statement showing :––
(a) the amount which has been invested during the year under
section 148 ;
(b) the date of the last investment made prior to the submission of
the statement ;
(c) the aggregate amount of the securities then in his hand ; and
(d) the aggregate amount which has up to the date of the statement
been applied under section 149, in or towards discharging loans.
(2) A copy of every such statement shall also be submitted to the

Government.
151. Priority of payment for interest and repayment of loans over other
payment.–– All payments due from the Corporation on account of interest and
repayment of loans shall be made in priority to all other payments due from
the Corporation.
152. Attachment of Corporation Fund for recovery of money borrowed

from the Government. ––(1) If any money borrowed or deemed to have been
borrowed by the Corporation from the Government or any interest or costs
due in respect thereof be not repaid according to the conditions of the loan,
the Government may attach the Corporation Fund or any part thereof.
(2) After the attachment no person except an officer appointed in this

behalf by the Government shall in any way deal with the attached fund ; but
such officer may do all acts in respect thereof which any Corporation authority,
officer or other employees might have done if such attachment had not taken
place and may apply the proceeds in satisfaction of the arrears and of all interest
and costs due in respect thereof and of all expenses caused by the attachment
and subsequent proceeding :
Provided that no such attachment shall defeat or prejudice any debt for which
the fund was previously charged in accordance with law ; and all such prior charges
shall be paid out of the proceeds of the funds before any part of the proceeds of
the funds is applied to the satisfaction of the debt due to the Government.
153. Powers to make regulations.–– The Corporation may make

regulations to carry out the purposes of this Chapter including in particular,
the issue of duplicate in case of losses of debenture by theft, destruction or

otherwise, and renewal of debentures on payment of fees prescribed in this
behalf by such regulations.
154. Property vested in Corporation and management of public

Institutions. ––(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 Corporation and with all other property, which
vests in the Corporation by virtue of the provisions of this Act or any other law
for the time being in force, shall be held and applied by it for the purposes of
this Act, that is to say :––
(a) all such public towns, walls, gates, markets, stalls, slaughter
houses, manure and depots a nd publi c building of every
description as have been constructed or are maintained out of the
Corporation Fund ;
(b) all public streams, springs and works for the supply, storage and
distribution of water for public purposes and all bridges, buildings,
engines, materials and things connected therewith or appertaining
thereto, and also any adjacent land (not being private property)
appertaining to any public tank or well ;
(c) all public sewers and all drains, and sewers, culverts and water
courses in or under any public street, or constructed by or for the
Corporation alongside any public street, and all works, material
and things appertaining thereto ;
(d) all public lamps, lamp posts and apparatus connected therewith or
appertaining thereto ;
(e) all land or other property transferred to the Corporation by the

Government or acquired by gift, purchase or otherwise for
public purposes ;
(f) all public streets, not being land owned by the Government and the
pavements, stones and other materials thereof and also trees
growing on and erections, materials, implements and things
provided for such streets.
(2) Where any immovable property is transferred otherwise than by sale

by the Government to the Corporation for the public purposes, it shall be
deemed to be a condition of such transfer, unless specially provided to the

contrary that should the property be at any time resumed by Government the
compensation payable therefor shall in no case exceed the amount, if any, paid
to the Government for the transfer, together with the cost or the present value
whichever shall be less, of any building erected, other works executed on the
land by the Corporation.
(3) The Corporation shall maintain a register and a map of immovable

property of which it is proprietor or which vests in it, or which it holds in trust
for the Government.
(4) The management, control and administration of every public

institution maintained out of the Corporation Fund shall vest in the
Corporation.
(5) When any public institution has been placed under the direction,
management and control of the Corporation, all property, endowments and
funds belonging thereto shall be held by the Corporation in trust for the purpose
to which such property, endowments and funds were lawfully applicable at the
time when the institution was so placed :
Provided that the extent of the independent authority of the Corporation

in respect of any such institution may be prescribed by the Government.
CHAPTER X
PROPERTIES AND CONTRACTS
155. Acquisition of immovable property by agreement.–– When the

Corporation decides to acquire any immovable property for the purpose of
this Act, the Commissioner shall acquire such property on behalf of the
Corporation by agreement on such terms and at such price as may be approved
by the Government.
156. Procedure when immovable property cannot be acquired by

agreement.–– Whenever the Commissioner is unable to acquire any immovable
property under section 155 by agreement, Government may at the request of
the Commissioner acquire the same under the provisions of the State Land
Acquisition Act, Samvat 1990, and on payment by the Corporation of the
compensation awarded under that Act and of the charges incurred by the
Government in connection with the proceedings, whereafter the land shall vest
in the Corporation.
157. Disposal of property.–– With respect to the disposal of property

belonging to the Corporation, the following provisions shall have effect,
namely :––
(a) The Commissioner may, with the prior approval of the Corporation––
(i) dispose of, by sale or otherwise, any moveable property

belonging to the Corporation the value of which does not
exceed one lakh rupees ; or
(ii) grant a lease not exceeding a period of ten years, of any

immovable property belonging to the Corporation ; or
(iii) sell or grant a lease in perpetuity of any immovable property

belonging to the Corporation the value of which does not
exceed fifty lakh rupees or the annual rent of which does not
exceed five lakh rupees ;
*(b) in cases not covered by clause (a) the Commissioner may, with the
sanction of the Government on recommendation of the Corporation
lease, sell, let out on hire or otherwise transfer any property,
moveable or immovable, belonging to the Corporation ;
(c) the consideration for which any immovable property may be sold,
leased or otherwise transferred shall not be less than the value at
which such immovable property could be sold, leased or otherwise
transferred in normal and fair competition ;
(d) the sanction of the Government under the aforesaid clauses may be
given either generally for any class of cases or specially for any
particular case ;
(e) subject to any condition or limitation that may be specified by or

under any other provision of this Act, the forgoing provisions of
this section shall apply to every disposal of property belonging to
the Corporation made under, or for any purposes of this Act.
158. Contracts by Corporation. ––(1) Subject to the provisions of section

159 the Corporation shall be competent to enter into and perform any contract
necessary for the purposes of this Act.
* Sub-clauses (iv), (v), (vi) and (vii) have been numbered as clauses (b), (c), (d) and (e) by the
Editor. Administrative Department may kindly look into the matter and remove the error crept
therein in the original Act.
(2) The contracts by the Corporation under this Act would be made in
the manner prescribed.
159. Procedure for making contracts.–– With respect to the making of

contracts, the following provisions shall have effect, namely :––
(a) every such contract shall be made on behalf of the Corporation by

the Commissioner ;
(b) no such contract, for any purpose which in accordance with any
provision of this Act the Commissioner may not carry out without
the approval or sanction of the Corporation, shall be made by him
until and unless such approval or sanction has been duly obtained ;
(c) every contract involving an expenditure not exceeding one lac or

such higher amount as the Corporation may fix, may be made by
the Commissioner ;
(d) no contract other than a contract falling under clause (c) shall be
valid unless the same has been made with the prior approval of the
Corporation :
Provided that contracts exceeding rupees fifty lacs in value or such other
higher amount as the Government may fix, shall be entered into by the
Corporation only after prior approval of the Government.
160. Mode of executing contracts. ––(1) The mode of executing contracts

under this Act shall be prescribed by bye-laws made in this behalf.
(2) No contract which is not made in accordance with the provisions of

this Act and bye-laws made thereunder shall be binding on the Corporation.
CHAPTER XI
ACCOUNTS AND AUDIT
161. Maintenance of Accounts. ––(1) There shall be kept in such manner

and in such form as may be prescribed by regulations, accounts of receipts
and expenditure of the Corporation.
(2) Till regulations as mentioned in sub-section (1) are framed, the

provisions of the Jammu and Kashmir Financial Code, presently in force in
respect of the municipalities shall be applicable.
(3) The accounts of the Municipal Corporation Fund shall be audited by

a separate and independent audit agency, under the control of the Director.
(4) For the purpose of examination and audit of the Corporation accounts,
the audit agency shall have access to all the Corporation Accounts and to all
records and correspondence relating thereto and the Commissioner shall
forthwith furnish to the audit agency any explanation concerning any receipts
or expenditure which they may call for.
162. Report by Audit Agency. ––(1) The audit agency shall :––
(a) report to the Corporation any material impropriety or irregularity

which it may at any time observe in the expenditure or in the
recovery of moneys due to the Corporation or in the Corporation
accounts ;
(b) furnish to the Corporation such information as it may from time to

time require concerning the progress of the audit.
(2) On receipt of the report under sub-section (1) the Corporation shall
take such action thereon as may be deemed necessary.
(3) As soon as may be after the commencement of each year, the audit
agency shall deliver to the Corporation a report of the entire Corporation
accounts for the previous year.
(4) The Commissioner shall cause the said report to be printed and shall
forward as soon as may be a printed copy thereof to each member.
163. Action by Commissioner on the report. ––(1) The Commissioner

shall, as soon as may be, remedy defects or irregularities, if any, pointed out in
the said report and shall also forward without delay to the Government so
many copies of the said report as may be required by the Government with a
brief statement of the action, if any, taken or proposed to be taken thereon.
(2) If there is a difference of opinion between the audit agency and the
Commissioner or if the Commissioner does not remedy the defects or
irregularities pointed out in the report within a reasonable period the audit
agency shall refer the matter to the Secretary, Housing and Urban Development
Department whose decision shall be final and binding.
164. Procedure to be followed by audit agency. ––(1) Audit agency shall

audit the accounts of the Corporation with the assistance of officers and other
employees subordinate to it.
(2) In the discharge of his functions under this section, the auditor shall––
(a) audit the accounts of expenditure of the Corporation and shall

ascertain whether moneys shown therein as having been disbursed
were legally available for, and applicable to the service or purpose
to which they have been applied or charged, and whether the
expenditure conforms to the authority which governs it ;
(b) audit the accounts of debt, deposits, sinking funds, advances,

suspense and remittance transactions of the Corporation and report
upon those accounts and upon the results of verification of the
balances relating thereto.
(3) The auditor shall examine and audit the statement of accounts relating
to the commercial service conducted in any department of the Corporation,
including the trading, manufacturing and profit and loss accounts, and the
balance-sheets where such accounts are maintained under the order of the
Corporation, and shall certify and report upon these accounts.
(4) The auditor shall in consultation with the Commissioner and subject
to any directions given by the Government, determine the form and manner to
which his reports, on the accounts of the Corporation shall be prepared and
shall have authority to call upon any officer of the Corporation to provide any
information necessary for the preparation of these reports.
165. Power of auditor to make queries etc and call for returns. ––(1)
The auditor may make such queries and observations in relation to and of the
accounts of the Corporation which he is required to audit and call for such
vouchers, statements, returns and explanations in relation to such accounts as
he may think fit.
(2) Every such query or observation as aforesaid shall be promptly taken

into consideration by the officer or authority to whom it may be addressed and
returned without delay with the necessary vouchers, documents or explanations
to the auditor.
(3) The powers of the auditor with regard to the disapproval of and the
procedure with regard to the settlement of objections to the expenditure from
the revenue of the Corporation shall be such as may be prescribed in

consultation with the auditor.
(4) If the auditor considers it desirable that the whole or any part of the
audit applied to any accounts which he is required to audit shall be conducted
in the offices in which those accounts originate, he may require that those
accounts together with all books and documents having relation thereto, shall
at all convenient times be made available to the said officers for inspection.
(5) The auditor shall have the power to require that any books or other
documents relating to the accounts he is required to audit shall be sent for
inspection by him :
Provided that if the documents are confidential he shall be responsible

for preventing disclosure of their contents.
(6) The audit agency shall have authority to frame standing orders and to
give directions on all matters relating to audit and particularly in respect of
the method and the extent of audit to be applied and the raising and pursuing
of objections.
CHAPTER XII
WATER SUPPLY, DRAINAGE AND SEWAGE DISPOSAL
166. Definitions.–– In this Chapter, unless the context otherwise requires,

the following words and expressions in relation to water supply shall have the
respective meanings given below, namely :––
(i) “communication pipe” means––
(a) where the premises supplied with water abut on the part of
the street in which the main is laid, and the service pipe enters
those premises otherwise than through the outer wall of a
building on the street and has a stop-cock placed in those
premises and as near to the boundary of that street as is
reasonably practicable, so much of the service pipe as lies
between the main and that stopcock ;
(b) in any other case, so much of the service pipe as lies between
the main and the boundary of the street in which the main is
laid, and includes the ferrule at the junction of the service
pipe with the main, and also––
(i) where the communication pipe ends at a stopcock that

stopcock ; and
(ii) any stopcock fitted on the communication pipe between

the end thereof and the main ;
(ii) “main” means a pipe laid by the Corporation for the purpose of
giving a general supply of water to individual consumers and
includes any apparatus used in connection with such a pipe ;
(iii) “service pipe” means so much of any pipe for supplying water from
a main to any premises as is subject to water pressure from that
main, or would be so subject but for the closing of some tap ;
(iv) “supply pipe” means so much of any service pipe which is not a
communication pipe ;
(v) “trunk main” means a main constructed for the purpose of conveying
water from a source of supply to a filter or reservoir or from one
filter or, reservoir to another filter or, reservoir, or for the purpose
of conveying water in bulk from one part of the limits of supply to
another part of those limits or for the purpose of giving or taking a
supply of water in bulk ;
(vi) “water fitting” includes pipes (other than mains) taps, cocks, valves,
ferrules, meters, cisterns, baths and other similar apparatus used in
connection with the supply and use of water.
167. Power to require Corporation to carry out surveys and formulate

proposals.–– The Government may require the Corporation to––
(a) carry out a survey of the existing consumption of and demand for
water supplied in the municipal area and of the water resources in
or available for the municipal area ;
(b) prepare an estimate of the future water supply requirements of the

municipal area ;
(c) carry out a survey of the existing quality of sewage disposal of and
the manner in which it is disposed of ;
(d) formulate proposals as to––

(i) the existing or future sewage disposal requirements of the

municipal area ;
(ii) the existing or future sewage disposal requirements in the

municipal area including proposals for the manner in which
and the place or places at which such sewage should be
carried, treated and disposed of.
168. Power to construct additional works.–– If the Corporation is of the

opinion that the works and other properties for the time being vested in it for
the purpose of water supply drainage and sewage disposal are inadequate for
the purpose of sufficient supply of water or for the purpose of proper drainage
and efficient disposal of sewage under this Act, it may take steps in accordance
with the provisions of this Act for the construction of additional works whether
within or outside the limits of the Corporation and for the acquisition of
additional properties for such works.
169. Functions in relations to water supply. ––(1) It shall be the duty of

the Corporation to take steps from time to time :––
(a) for ascertaining the sufficiency and wholesomeness of water

supplies within the municipal area ;
(b) for providing a supply of wholesome water in pipes to every part

of the municipal area in which there are houses, for the domestic
purpose of the occupants thereof, and for taking the pipes affording
supply to such point or points that will enable the houses to be
connected thereto at a reasonable cost, so, however, that this clause
shall not require the Corporation to do anything which is not
practicable at a reasonable cost or to provide such supply to any
part of municipal area where such a supply is already available at
such point or points aforesaid ;
(c) for providing, as for as possible, a supply of wholesome water

otherwise than in pipes to every part of the municipal area in which
there are houses, for the domestic purposes of the occupants thereof
and to which it is not practicable to provide a supply in pipes at a
reasonable cost, and in which danger to health arises from the
insufficiency or unwholesomeness of the existing supply and a
public supply is required and can be provided at a reasonable cost,
and for securing that such supply is available within a reasonable
distance of every house in that part.
(2) If any question arises under clause (b) of sub-section (1) as to whether
anything is or is not practicable at a reasonable cost or is to the point or points
to which pipes must be taken in order to enable houses to be connected to
them at reasonable cost, or under clause (c) thereof as to whether a public
supply can be provided at a reasonable cost, the Corporation shall determine
that question and thereupon the Commissioner shall give effect to that
determination.
170. Supply of water to connected premises. ––(1) The Commissioner

may on application by the owner of any building arrange for supplying water
from the nearest main to such building for domestic purposes in such quantities
as he deems reasonable and may at any time limit the amount of water to be
supplied whenever he considers necessary.
(2) Apart from the charges for the domestic supply at rates as may be
fixed by the Government, additional charges will be payable for the following
supplies of water :––
(a) for animals or for washing vehicles where such animals or vehicles
are kept for sale or hire ;
(b) for any trade, manufacture or business ;
(c) for fountains, swimming baths, or for any ornamental or mechanical

purposes ;
(d) for gardens or for purposes of irrigation ;
(e) for watering roads and paths ;
(f) for building purposes.
171. Power to supply water for non domestic purposes. ––(1) The
Commissioner may supply water for any purpose other than a domestic purpose
on such terms and conditions consistent with this Act and the bye-laws made
thereunder as may be laid down in this behalf by the Corporation in receiving
a written application specifying the purpose for which the supply is required
and the quantity likely to be consumed :
Provided that for building purposes, water supply shall be made for a
period of one year in the first instance, on an application accompanied by
a copy of a building plan duly sanctioned by a competent authority and
thereafter be extended, by six months at a time for a period of not exceeding
the period allowed for the completion of the construction or for three years
whichever is less :
Provided further that the water supply made, for the building purposes,
on or before the commencement of this Act, shall continue for a period of
three years reckoned from such commencement.
(2) The Commissioner may withdraw such supply at any time if it should
appear necessary to do so in order to maintain a sufficient supply of water for
domestic purposes.
172. Making connection with municipal water works. ––(1) Where an

application under section 170 or section 171 has been received, all necessary
communication pipes and fittings shall be supplied by the Corporation and the
work of laying and applying such communication pipes and fittings shall be
executed by Corporation agency under the orders of the Commissioner, 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 Corporation 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.
(2) Notwithstanding anything contained in sub-section (1) the

Commissioner may require any owner or person applying for a supply of water
to provide all communication pipes and fittings and to carry out at his own
cost under his supervision and inspection all the work of laying and applying
such communication pipes and fittings.
173. Obligation of owner or occupier to give notice of waste of water.––

Any owner or occupier of any building or land in or on 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
170 or section 171 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 Corporation
may appoint in this behalf.
174. Cutting of supply to premises.–– If any person whose premises are

supplied with water, neglects to pay the water tax or any sum payable under
section 170 or section 171 when due, or to give notice as provided in the last
preceding section, or wilfully or negligently misuses or causes waste of water
the Corporation may cut off the supply of water from the said premises.
175. New premises not to be occupied without arrangement for water

supply.–– It shall not be lawful for the owner of any premises which may be
newly constructed or reconstructed within any portion of the municipal area,
in respect of which the Commissioner has given public notice under clause (b)
of section 87 to occupy it or cause or permit it to be occupied until he has
obtained a certificate from the Commissioner that there is provided within, or
within a reasonable distance of the premises such supply of wholesome water
as appears to the Commissioner to be adequate for the person who may occupy,
or be employed in such premises for their domestic purposes.
176. Public gratuitous water supply. ––(1) The Commissioner, with the
approval of the Corporation, may provide gratuitous supply of wholesome
water to the public within the municipal area and may for that purpose erect
public hydrants or other conveniences.
(2) The Commissioner may with like approval, close a public hydrant
for other convenience when it is no longer, required for the supply of wholesome
water to the public.
177. Powers to lay mains. ––(1) The Commissioner may lay a main
whether within or outside the limits of the Corporation––
(a) in any street ; and
(b) with the consent of every owner and occupier of any land not
forming part of a street, in, over or on that land, and may from time
to time in respect of repair, alter or renew or may at any time remove
any main so laid whether by virtue of this section or otherwise :
Provided that where a consent required for the purpose of this sub-section
is withheld, the Commissioner may after giving the owner or occupier of the
land a written notice of his intention so to do, lay the main in, over or on that
land even without such consent.
(2) Where the Commissioner in exercise of the powers under this section
lays a main in, over or on any land not forming part of a street or inspects,
repairs, alters, renews or removes a main so laid down, in, over or on any such
land he shall pay compensation to every person interested in that land for any
damage done to, or injurious affection of that land by reasons of the inspection,
lying, repair, alteration, renewal or removal of the main.
178. Power to lay service pipes etc. ––(1) The Commissioner may, in
any street, whether within or outside the limits of the Corporation lay such
service pipes with such stopcocks and other water fittings as he may deem
necessary for supplying water to premises and may from time to time inspect,
repair, alter or renew and may at any time, remove any service pipe laid in a
street whether by virtue of this section or otherwise.
(2) Where a service pipe has been lawfully laid in, over or on the land
not forming part of a street, the Commissioner may, from time to time, enter
upon that land and inspect, repair, alter renew or remove the pipe or lay a new
pipe in substitution thereof but shall pay compensation for any damage done
in the course of such action.
179. Provision of fire hydrants. ––(1) The Commissioner shall fix

hydrants on water mains (other than trunk mains) at such places as may be
most convenient for affording supply of water for extinguishing any fire which
may break out and shall keep in good order and from time to time renew every
such hydrant.
(2) To denote the situation of every hydrant placed under this section,
letters, marks or figures shall be displayed prominently on some wall, building
or other structure near such hydrant.
(3) As soon as any such hydrant is completed the Commissioner shall

deposit a key thereof at each place where a public fire engine is kept and in
such other places as he deems necessary.
(4) The Commissioner may at the request and expense of the owner or
occupier of any factory, workshop, trade premises or place of business situated
in or near a street in which a pipe is laid (and not being a trunk main and being
of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good
order from time to time to renew one or more fire hydrants to be used only for
extinguishing fires as near as conveniently may be to that factory, workshop,
trade premises or place of business.
(5) The Commissioner shall allow all persons to take water for extinguishing
fires from any pipe on which a hydrant is fixed without any payment.
180. Power to enter premises to detect waste or misuse of water.–– The

Commissioner or any Corporation officer authorised by the Commissioner in
writing may, between sunrise and sunset, enter any premises supplied with
water by the Corporation in order to examine if there be any waste or misuse
of such water and the Commissioner or such officer shall not be refused
admittance to the premises not shall be obstructed by any person in making his
examination.
181. Power to test water fittings.–– The Commissioner may test any water
fittings used in connection with water supplied by the Corporation.
182. Power to close or restrict use of water from polluted source of

supply. ––(1) If the Commissioner is of the opinion that the water in or obtained
from any well, tank or other source of supply not vested in the Corporation
being water which is or is likely to be used for domestic purposes or for the
preparation of food or drink for human consumption or is likely to become so
polluted as to be prejudicial to health the Commissioner may after giving the
owner or occupier of the premises in which the source of supply is situated a
reasonable opportunity of being heard, by order direct that the source of supply
be permanently or temporarily closed or cut off or the water therefrom be used
for certain purposes only or make such order as appears to him necessary to
prevent injury or danger to the health of persons using the water or consuming
food or drink prepared therewith or therefrom.
(2) Before making any order under this section, the Commissioner may
cause the water to be analysed at the cost of the Corporation.
(3) If the person to whom an order is made under this section fails to
comply therewith, the Commissioner may do whatever may be necessary for
giving effect to the order and any expenses reasonably incurred by him in so
doing may be recovered by him from the person in default as an arrears of tax
under this Act.
183. Water pipes not to be placed where water will be polluted.––(1) No

water pipes shall be laid in a drain on the surface of an open channel or house
gully or within six meters of a cesspool or in any position where the pipe is
likely to be injured or the water therein, polluted and no well or tank shall be
constructed within six meters of a latrine or cesspool.
(2) No latrine or cesspool shall be constructed or made within six meters

of any well, tank, water pipe or cistern or in any position where the pipe, well,
tank or cistern is likely to be injured or the water therein polluted.
184. Joint and several liability of owners and occupiers for offence in
relation to water supply.–– If any offence relating to water supply is
committed under this Act or any premises connected with the Corporation
water works the owner, the person primarily liable for the payment of the
water tax, and the occupiers of the said premises shall be jointly and severally
liable for such offence.
185. Public drains etc. to vest in Corporation. ––(1) All public drains,
all drains in, alongside or under any street and all sewage disposal works
whether constructed out of the Corporation Fund or otherwise and all works,
materials and things pertaining thereto which are situated in the municipal
area shall vest in the Corporation.
(2) All public and other drains which are vested in the Corporation are
hereafter in this Act referred to as Corporation drains.
(3) For the purpose of enlarging, deepening or otherwise repairing or

maintaining any such drain or sewage disposal work so much of the sub-soil
pertaining thereto as may be necessary for the said purposes shall also be
deemed to vest in the Corporation.
(4) All drains and ventilation-shafts, pipes and all appliances and fittings
connected with the drainage works constructed, erected or set up out of the
Corporation Fund in or upon premises not belonging to the Corporation
whether ––
(a) before or after the commencement of this Act ; and
(b) for the use of the owner or occupier of such premises or not,
shall unless the Corporation has otherwise determined or does at any time otherwise
determine, vest and be deemed always to have vested in the Corporation.
186. Control of drains and sewage disposal works. ––(1) All Corporation
drains, all sewage disposal works and works, materials and things appertaining
thereto, shall be under the control of the Commissioner.
(2) The Commissioner shall maintain and keep in repair all municipal
drains and sewage disposal works and when authorised by the Corporation in
this behalf, shall construct as many new drains and sewage disposal works as
may from time to time be necessary for effectual drainage and sewage disposal.
187. Certain matters not to be passed into municipal drains.–– No person

shall throw, empty, or turn into any Corporation drain or into any drain
communicating with a Corporation drain––
(a) any matter likely to injure the drain or to interfere with the free
flow of its content, or to affect prejudicially the treatment and
disposal of its contents ; or
(b) any chemical refuse or waste steam, or any liquid of a temperature

higher than forty five degrees Celsius being refuse or steam or a
liquid which when so heated is either alone or in combination with
the contents of the drain, dangerous or the cause of nuisance,
prejudicial to health ; or
(c) any dangerous petroleum.
Explanation:––In this section the expression “dangerous petroleum” has the

same meaning as is assigned to it in the Petroleum Act, 1934.
188. Application by owners and occupiers to drain into municipal drain.––

(1) Subject to such conditions as may be prescribed by bye-laws made in this
behalf the owner or occupier of any premises having a private drain, or the
owner of any private drain within the municipal area may apply to the
Commissioner to have his drain made to communicate with the drains and
thereby to discharge foul water and surface water from those premises or that
private drain :
Provided that nothing in this sub-section shall entitle any person––
(a) to discharge directly or indirectly into any Corporation drain :––
(i) any trade effluent from any trade premises except in

accordance with bye-laws made in this behalf ; or
(ii) any liquid or other matter the discharge of which into

Corporation drains is prohibited by or under this Act or any
other law ; or
(b) where separate Corporation drains are provided for foul water and
for surface water to discharge directly or indirectly :––
(i) foul water into a drain provided for surface water ; or
(ii) except with the permission of the Commissioner surface water

into drain provided for foul water ; or
(c) to have his drains made to communicate directly with a storm water
overflow drain.
(2) Any person desirous of availing himself of the provisions of sub-

section (1) shall give to the Commissioner a notice of his proposal and at any
time within one month after receipt thereof, the Commissioner may by notice
to him refuse to permit the communication to be made, if it appears to him that
the mode of construction or condition of the drain is such that the making of
the communication would be prejudicial to the drainage system and for the
purpose of examining the mode of construction and condition of the drain he
may, if necessary require it to be laid open for inspection.
(3) The Commissioner may, if he thinks fit, construct such part of the
work necessary for having a private drain made to communicate with the
municipal drain as is in or under a public street and in such a case the expenses
incurred by the Commissioner shall be paid by the owner or occupier of the
premises, or as the case may be, the owner of the private drain and shall be
recoverable from the owner or occupier as an arrears of tax under this Act.
189. Drainage of un-drained premises. ––(1) Where any premises are in

the opinion of the Commissioner, without sufficient means of effectual drainage
and a municipal drain or some place approved by the Commissioner for the
discharge of filth and other polluted and obnoxious matter is situated at a
distance of not exceeding thirty metres from any part of the said premises, he
may, by written notice require the owner of the said premises––
(a) to make a drain emptying into such Corporation drain or place ;
(b) to provide and set up all such applications and fittings as may appear
to the Commissioner necessary for the purpose of gathering and
receiving the filth and other polluted and obnoxious matter from
and conveying the same off, the said premises and of effectual
flushing such drain and every fixture connected therewith ;
(c) to remove any existing drain or other appliance or thing used or

intended to be used for drainage which is injurious to health ;
(d) to provide a close drain in substitution of an open drain or to provide

such other appliance or thing either newly or in substitution of any
existing appliance or thing or to provide both a closed drain and
such other appliance or thing in substitution of the existing open
drain and other appliance or thing which is or likely to be injurious
to health ;
(e) to provide and set up all such appliance and fittings as may appear
to the Commissioner to be necessary for purpose of gathering and
receiving the waste water from floors and galleries of buildings
when they are washed and conveying the same through spouts, by
down take pipes so as to prevent such waste water from discharging

directly on streets or inside and lower portion of the premises ;
(f) to carry out any work to improve or remodel an existing drain which
is inadequate, insufficient or faulty.
(2) Where in any case not provided for in sub-section (1), any premises
are in the opinion of the Commissioner, without sufficient means of effectual
drainage, he may, by written notice, require the owner of the premises––
(a) to construct a drain up to a point to be prescribed in such notice

but not at a distance of more than thirty metres from any part of the
premises ; or
(b) to construct a close cesspool, a soakage pit and drain or drains

supplying into such cesspool or soakage pit.
(3) Any requisition for the construction of any drain under sub-section
(2) may contain any of the details specified in sub-section (1).
190. New premises not to be erected without drainage. ––(1) It shall not
be lawful to erect or to re-erect any premises in the municipal area or occupy
any such premises unless :––
(a) a drain be constructed of such size, materials and with such fall as
shall appear to the Commissioner to be necessary for the effectual
drainage of such premises ;
(b) there have been provided and set up on such premises, such
appliances and fittings as may appear to the Commissioner to be
necessary for the purpose of gathering or receiving the filth and
other polluted and obnoxious matter from and conveying the same
off the said premises and of effectual flushing the drain of the said
premises and every fixture connected therewith.
(2) The drain so constructed shall empty into a Corporation drain situated
at a distance of not exceeding thirty metres from the premises, but if no
Corporation drain is situated within that distance then such drain shall empty
into a cesspool situated within that distance to be specified by the Commissioner
for the purpose.
191. Power to drain group or block of premises by combined operations.––

(1) If it appears to the Commissioner that any group or block of premises may
be drained more economically or advantageously in combination than

separately and a Corporation drain of sufficient size already exists or is about
to be constructed within thirty meters of any part of that group or block of
premises the Commissioner may cause that group or block of premises to be
drained by a combined operation.
(2) The expenses incurred in carrying out any work under sub-section
(1) in respect of any group or block of premises shall be paid by the owners of
such premises in such proportion as the Commissioner may determine and
shall be recoverable from them as an arrear of tax under this Act.
(3) Not less than fifteen days before any such work is commenced, the
Commissioner shall give to each such owner––
(a) written notice of the nature of the proposed work ; and
(b) an estimate of the expenses to be incurred in respect thereof and of

the proportion of such expenses payable by him.
(4) The Commissioner may require the owners of such group or block of
premises to maintain the work executed under this section.
192. Power of Commissioner to close or limit the use of private drain in

certain cases.–– Where a drain connecting any premises with a Corporation
drain is sufficient for the effectual drainage of such premises and is otherwise
unobjectionable but is not in the opinion of the Commissioner, adapted to the
general system of drainage in the municipal area, he may by written notice
addressed to the owner of the premises, direct––
(a) that such drain be closed, discontinued or destroyed and that any
work necessary for that purpose be done ; or
(b) that such drain shall from such date as may be specified in the
notice in this behalf be used for filth and polluted water only or for
rain water and un-polluted sub-soil water only :
Provided that––
(i) no drain may be closed, discontinued or destroyed by the

Commissioner under clause (a) except on condition of his
providing another drain equally effectual for the drainage of the
premises and communicating with any Corporation drain which
he thinks fit ; and
(ii) the expenses of the construction of any drain so provided by the

Corporation and of any work done under clause (a) may be paid
out of the Corporation Fund.
193. Use of drain by a person other than owner .––(1) Where the
Commissioner either on receipt of an application from the owner of any
premises or otherwise is of opinion that the only or the most convenient means
of effectual drainage of the premises into Corporation drain is through a drain
belonging to another person, the Commissioner may by notice in writing require
the owner of such drain to show cause within a period specified in the notice
as to why an order under this section should not be made.
(2) Where no cause is shown within the specified period or the cause
shown appears to the Commissioner invalid or insufficient the Commissioner
may by order in writing either authorise the owner of the premises to use the
drain or declare him to be joint owner thereof.
(3) An order made under sub-section (2) may contain directions as to––
(a) the payment of rent or compensation by the owner ;
(b) the construction of a drain for the premises for the purpose of
connecting with the aforesaid drain ;
(c) the entry upon the land in which the aforesaid drain is situated
with assistants and workmen at all reasonable hours ; and
(d) the respective responsibilities of the parties for maintaining,

repairing, flushing, cleaning and emptying the aforesaid drain.
194. Sewage and rain water drains to be distinct.–– Whenever it is

provided in this Chapter that steps shall or may be taken for the effectual
drainage of any premises, it shall be competent for the Commissioner to require
that there shall be one drain for filth and polluted water and an entirely distinct
drain for rain water and un-polluted sub-soil water or both rain water and un-
polluted sub-soil water each emptying into separate Corporation drains at other
suitable places.
195. Powers of Commissioner to require owner to carry out certain works

for satisfactory drainage.–– For the purpose of efficient drainage of any
premises the Commissioner may by notice in writing––
(a) require any courtyard, alley or passage between two or more

buildings to be paved by the owner or owners of such buildings
with such materials and in a such manner as may be approved by
the Commissioner ; and
(b) require such paving to be kept in proper repair.
196. Appointment of places for the emptying of drains and disposal of

sewage.–– The Commissioner may cause any or all of the Corporation drains
to empty into and all sewage to be disposed of at such place or places as he
considers suitable :
Provided that no place which has been not before the commencement of
this Act used for any of the purposes specified in this section, shall after such
commencement be used therefor without the approval of the Corporation :
Provided further that on and after such date as may be appointed by the
Government in this behalf no sewage shall be discharged into any water course
until it has been so treated as not to effect prejudicially the purity and quality
of the water into which it is discharged.
197. Connection with water works and drains not to be made without
permission.–– Without the written permission of Commissioner no person shall
for any purpose whatsoever, at any time make or cause to be made any
connection or communication with any drain referred to in section 186 or any
water works constructed or maintained by, or vested in the Corporation.
198. Buildings and private streets not to be erected or constructed over

drains or water works without permission.–– (1) Without the written permission
of the Commissioner no private street shall be constructed and no building,
wall, fence or other structure shall be erected on any municipal drain or on any
water works constructed or maintained by or vested in the Corporation.
(2) If any private street be constructed or any building, wall, fence or

structure erected on any drain or water works as aforesaid without the written
permission, the Commissioner may remove or otherwise deal with the same as
he may think fit.
(3) The expenses incurred by the Commissioner in so doing shall be

paid by the owner of the private street or of the building, fence, wall or other
structure, as the case may be, or the person offending and shall be recoverable
as an arrear of tax under this Act.
199. Rights of user of property for aqueducts, lines etc. ––(1) The
Commissioner may place and maintain aqueducts, conduits and lines of mains
or pipes or drains over, under, along or across any immovable property whether
within or outside the limits of the municipal area, if necessary through an
agreement, and may at any time for the purpose of examining, repairing, altering
or removing any aqueducts, conduits or lines of mains or pipes or drains after
giving a reasonable notice of his intention so to do, enter on any property
over, under, along or across which the aqueducts, conduits or lines of mains or
pipes or drains have been placed :
Provided that the Corporation shall not acquire any right other than a
right of user in the property over, under, along or across which any aqueduct,
conduit or line or mains or pipes or drain is placed.
(2) The powers conferred by sub-section (1) shall not be exercisable in

respect of any property vested in the Government or under the control or
management of the Government or vested in any local authority save with the
permission of the Government or the local authority, as the case may be, and
in accordance with any bye-laws made in this behalf :
Provided that the Commissioner may, without such permission, repair,

renew or amend any existing works of which the character or position is not to
be altered if such repair, renewal or amendment is urgently necessary in order to
maintain without interruption the supply of water, drainage or disposal or sewage
or is such that delay would be dangerous to health, human life or property.
(3) In the exercise of the powers conferred upon him by this section the
Commissioner shall cause as little damage and inconvenience as may be
possible and shall make full compensation for any damage or inconvenience
caused by him.
200. Power of owner of premises to place pipes and drains through land
belonging to other persons. ––(1) If it appears to the Commissioner that the
only or most convenient means of water supply to and drainage of, any premises
is by placing, or carrying any pipe or drain over, under, along or across the
immovable property of another person, the Commissioner may, by order in
writing authorise the owner of the premises to place or carry such pipe or
drain over, under, along or across such immovable property :
Provided that before making any such order the Commissioner shall give
to the owner of the immovable property a reasonable opportunity of showing
cause within such times as may be prescribed by bye-laws made in this behalf
as to why the order should not be made :
Provided further that the owner of the premises shall not acquire any
right other than a right of user in the property over, under, along or across,
which any such pipe or drain is placed or carried.
(2) Upon the making of an order under sub-section (1) the owner of the
premises may, after giving reasonable notice of his intention so to do, enter
upon the immovable property with assistance and workmen at any time between
sun rise and sun set for the purpose of placing a pipe or drain over, under, along
or across such immovable property or for the purpose of repairing the same.
(3) In placing or carrying a pipe or drain under this section, as little

damage as possible shall be done to the immovable property and the owner of
the premises shall––
(a) cause the pipe or drain to be placed or carried with the least
practicable delay ;
(b) fill in, reinstate and make good at his own cost with the least
practicable delay and land owned, broken up or removed for the
purpose of placing or carrying such pipe or drain ; and
(c) pay compensation to the owner of the immovable property and to

any other person who sustains damage by reason of the placing or
carrying of such pipe or drain.
(4) If the owner of the immovable property over, under, along or across
which a pipe or drain has been placed or carried under this section while such
immovable property was not built upon, desires to erect any building on such
property, the Commissioner shall by notice in writing, require the owner of
the premises to close, remove or divert the pipe of drain in such manner as
shall be approved by him and to fill in, reinstate and make good the immovable
property as if the pipe or drain had not been placed or carried over, under,
along or across the same :
Provided that no such requisition shall be made unless in the opinion of

the Commissioner it is necessary or expedient for the construction of the
proposed building on the safe enjoyment thereof that the pipe or drain should
be closed, removed or diverted.
201. Railway administration to be informed in certain cases.–– If the

Corporation desires to place or carry any pipe or drain or do any other work
connected with the water supply or drainage across any railways line, it shall inform
the railway administration who may execute the same at the cost of the Corporation.
202. Power of Commissioner to execute work after giving notices to the

person liable to do so. ––(1) When under the provisions of this Chapter any
person may be required or is liable to execute any work the Commissioner
may in accordance with the provisions of this Act and of any bye-laws made in
this behalf, cause such work to be executed after giving such person an
opportunity of executing the same within such time as may be specified by
him for this purpose.
(2) The expenses incurred or likely to be incurred by the Commissioner

in the execution of any such work shall be payable by the said person and the
expenses incurred by the Commissioner in connection with the maintenance
of such work or the enjoyment of amenities and conveniences rendered possible
by such work, shall be payable by the person or persons enjoying such amenities
and conveniences.
(3) The expenses referred to in sub-section (2) shall be recoverable from

the person or persons, liable therefor as an arrear of tax, under this Act.
203. Power of Commissioner to affix shafts for ventilation of drain or

cesspool.–– For the purpose of ventilating any drain or cesspool, whether
vested in the Corporation or not the Commissioner may, in accordance with
bye-laws made in this behalf, erect upon any premises or affix to the outside
of any building or to any tree any such shaft or pipe as may appear to him to
be necessary.
204. Power of Commissioner to examine and test drain etc. believed to

be defective. ––(1) Where it appears to the Commissioner that there are
reasonable grounds for believing that a private drain or cesspool is in such
condition as to be prejudicial to health or a nuisance or that a private drain
communicating directly or indirectly with a municipal drain is so defective as
to admit sub-soil water, he may examine its condition and for that purpose
may apply any test other than a test of water under pressure and if he deems
necessary open the ground.
(2) If on examination the drain or cesspool is found to be in proper

condition, the Commissioner shall as soon as possible reinstate any ground
which has been opened by him and make good any damage done by him.
205. Employment of Government agencies for repairs etc.–– The

Government may, for reasons to be recorded, direct that any specified work,
repair, renewal, or replacement which is to be undertaken by or for the
Corporation under this Chapter, shall be carried out on behalf of the Corporation
by the Government and the Corporation shall pay the charges therefor at the
rate and subject to the terms for the time being applicable in the case of works
constructed by the Government on behalf of a local authority.
206. Work to be done by licensed plumber. ––(1) No person other than a

licensed plumber shall execute any work described in this Chapter and no person
shall permit any such work to be executed except by a licensed plumber :
Provided that if, in the opinion of the Commissioner the work is of a

trivial nature, he may grant permission in writing for the execution of such
work by a person other than a licensed plumber.
(2) Every person who employs licensed plumber to execute any work
shall when so required, furnish to the Commissioner the name of such plumber.
(3) When any work is executed in accordance with the provisions of

sub-section (1) such work shall be liable to be dismantled at the discretion of
the Commissioner without prejudice to the right of the Corporation to prosecute
under this Act the person at whose instance such work has been executed.
(4) The Corporation may make bye-laws for the guidance of licensed
plumbers and a copy of all such bye-laws shall be attached to every licence
granted to a plumber by the Corporation.
(5) The Corporation may from time to time prescribe the charges to be
paid to licensed plumbers for any work done by them under or for any of the
purposes of this Chapter.
(6) No licensed plumber shall, for any work referred to in sub-section

(5) demand or receive more than the charges prescribed therefor under
that sub-section.
(7) The Corporation shall make bye-laws providing for :––
(a) the exercise of adequate control on all licensed plumbers ;
(b) the inspection of all works carried out by them ;
(c) the hearing and disposal of complaints made by the owners or

occupiers of premises with regard to the quality of work done,
material used, delay in execution of work and the charges made by
a licensed plumber.
(8) No licensed plumber shall contravene any of the bye-laws made under
this section or execute carelessly or negligently any work under this Act or
make use of bad materials, appliances or fittings.
(9) If any licensed plumber contravenes sub-section (8) his licence may
be suspended or cancelled whether he is prosecuted under this Act or not.
207. Prohibition of certain acts. —(1) No person shall—
(a) wilfully, obstruct any person acting, under the authority of the
Corporation or the Commissioner, in setting out the lines of any
works or pull up or remove any pillar, post or stake fixed in the
ground for the purpose of setting out lines of such work or deface
or destroy any works made for the same purpose ; or
(b) wilfully or negligently break, injure, turn on, open, close, shut off
or otherwise interfere with any lock, cock, valve, pipe, meter or
other work or apparatus belonging to the Corporation ; or
(c) unlawfully obstruct the flow of, or flush, draw off, or divert or take
water from any water works belonging to the Corporation or any
water course by which any such water is supplied ; or
(d) unlawfully obstruct the flow of, or flush, draw off, divert or take
sewage from any sewage work belonging to the Corporation or
break or damage any electrical transmission line maintained by the
Corporation ; or
(e) obstruct any officer or other employee of the Corporation in the

discharge of his duties under this Chapter or refuse or wilfully
neglect to furnish him with the means necessary for the making of
any entry, inspection, examination or inquiry thereunder in relation
to any water or sewage work ;
(f) bath in, at or upon any water work or wash or throw or cause to
enter therein any animal or throw any rubbish, dirt, filth into any
water work or wash or clean therein any cloth, wool or leather or
the skin of any animal or cause the water of any sink of drain or
any steam-engine or boiler, or any polluted water to turn or be
brought into any water work or do any other act whereby the water
in any water work is fouled or likely to be fouled.
(2) Nothing in clause (b) of sub-section (1) shall apply to a consumer

closing the stopcock fixed on the service pipe supplying water to his premises
so long as he has obtained the consent of any other consumer whose supply
will be affected thereby.
CHAPTER XIII
STREETS
208. Vesting of public streets in Corporation. ––(1) All streets within

the municipal area which are or at any time become public streets and the
pavement stones and other materials thereof, shall vest in the Corporation.
(2) All public streets vesting in the Corporation shall be under the control
of the Commissioner and shall be maintained, controlled and regulated by him
in accordance with the bye-laws made in this behalf.
209. Functions of Commissioner in respect of public streets. ––(1) The

Commissioner shall, from time to time, cause all public streets vested in the
Corporation to be levelled, metalled or paved, channelled and altered or
repaired and altered or repaired and may widen, extend or otherwise improve
any such street or cause the soil thereof to be raised, lowered or altered or may
place and keep in repair fences and posts for the safety of foot passengers.
(2) With the previous sanction of the Corporation, the Commissioner

may permanently close the whole or any part of a public street :
Provided that before according such sanction the Corporation shall by

notice published in the manner specified by bye-laws give reasonable
opportunity to the residents likely to be affected by such closure to make
suggestions or objections with respect to such closure and shall consider all
such suggestions or objections, which may be made within one month from
the date of the publication of the said notice.
210. Disposal of land forming site of public streets permanently closed.––

Whenever any public street or a part thereof is permanently closed under sub-
section (2) of section 209, the site of such street or of the portion thereof may
be disposed of as land vesting in the Corporation.
211. Power to make new public streets.–– The Commissioner may, at

any time with the previous sanction of the Corporation––
(a) lay out and make new public streets ;

(b) construct bridges and sub-ways ;
(c) turn or divert any existing public streets ;
(d) lay down and determine the position and direction of a street
or streets in any part of the municipal area notwithstanding
that no proposal for the erection of any building in the vicinity
has been received.
212. Minimum width of new public streets.–– The Commissioner, shall,

from time to time, with the sanction of the Corporation, specify the minimum
width of different classes of new public streets according to the nature of the
traffic likely to be carried thereon and the streets with which they join at one
or both ends, the localities in which they are situated, the heights up to which
buildings abutting thereon may be erected and other similar consideration.
213. Power to prohibit use of public streets for certain kinds of traffic.––
(1) The Commissioner may––
(a) prohibit vehicular traffic in any public street or any portion thereof
so as to prevent danger, obstruction or inconvenience to the public
or to ensure quietness in any locality ;
(b) prohibit in respect of all public streets or any particular public

streets the transit of any vehicle of such form, construction, weight
or size or laden with such heavy or unwidely objects as may be
likely to cause injury to the roadways or any construction thereon,
except under such conditions as to time, mode of the traction or
locomotion, use of appliances for the protection of roadways,
number of lights and assistants and other general precautions, and
upon the payment of such charges as may be specified by the
Commissioner generally or specially in each case ;
(c) prohibit access to premises from any particular public street

carrying high speed vehicular traffic :
Provided that the Commissioner shall not take action without the sanction
of the Corporation in cases under clauses (a) and (c).
(2) Notices of such prohibition as are imposed under sub-section (1)

shall be posted in conspicuous places at or near both ends of public streets or
portions thereof to which they relate, unless such prohibition applied generally
to all public streets.
214. Power to acquire land and buildings for public streets and for public
parking places.–– Subject to the provisions contained in Chapter X the
Commissioner may :––
(a) acquire any land required for the purposes of opening, widening,
extending or otherwise improving any public street or of making
any new public street and any building standing upon such land ;
(b) acquire in relation to any such land or building, all such land with
buildings, if any thereon as the Corporation may think expedient
to acquire outside the regular line or the intended regular line of
such street ; or
(c) when any land, whether within or outside the limits of the municipal
area is required for the purposes of this Act the Government may,
at the request of the Corporation proceed to acquire it under the
provisions of the Land Acquisition Act, and on payment by the
Corporation of the compensation awarded under that Act, and of
any other charges incurred in acquiring the land, the land shall
vest in the Corporation.
Explanation.–– When any land is required for a new street or for the
improvement of an existing street, the Government may on the
request of the Corporation proceed to acquire, in addition to
the land to be occupied by the street, the land necessary for
the sites of the buildings to be erected on both sides of the
street and such land shall be deemed to be required for the
purpose of this Act.
215. Defining regular lines of streets. ––(1) The Commissioner may

define a line on one or both sides of any public street in accordance with the
bye-laws made in this behalf and may with the previous sanction of the
Corporation redefine at any time any such regular line :
Provided that, before according sanction the Corporation shall by public

notice afford reasonable opportunity to the residents of premises abutting on
such public street to make suggestions or objections with respect to the
proposed redefined line of the street and shall consider all suggestions or
objections which may be made within one month from the date of the
publication of the said notice :
Provided further that the regular line of any public street operative under
any law in force in any part of the municipal area immediately before the
commencement of this Act shall be deemed to be a line defined by the

Commissioner under this sub-section.
(2) The line for the time being defined or redefined shall be called the
regular line of street.
(3) No person shall construct or reconstruct any building or a portion

thereof or any boundary wall or other structure whatsoever within the regular
line of a street except with the written permission of Commissioner :
Provided that if within 60 days after the receipt of application from any
person for permission to construct or reconstruct a boundary wall or a portion
thereof the Commissioner fails to take steps to acquire the land within the
regular line of the street in accordance with section 218 then that person may
subject to other provisions of this Act and the bye-laws made thereunder
proceed with the work of construction or reconstruction of such boundary wall
or portion thereof.
216. Setting back of building to regular line of street. ––(1) If any part
of a building abutting on a public street is within the regular line of that street,
the Commissioner may, whenever it is proposed to repair, remove, construct
or reconstruct or make any additions to or structural alterations of, any portion
of such building which is within the regular line of the street by order which
he issues concerning the additions to rebuilding, construction, repair or
alterations of such building require such building to be set back to the regular
line of the street.
(2) When any building or any part thereof within the regular line of a
public street falls down or is burnt down or is whether by the order of the
Commissioner or otherwise, taken down the Commissioner may forthwith, take
possession on behalf of the Corporation of the portion of the land within the
regular line of the street therefore occupied by the said building and if necessary,
clear the same.
(3) Land acquired under this section shall be deemed to be a part of the
public street and shall vest in the Corporation.
217. Compulsory setting back of building to regular line of streets. ––

(1) Where any building or any part thereof is within the regular line of a public
street and in the opinion of the Commissioner it is necessary to set back the
building or part thereof to the regular line of the street, he may, by notice
served on the owner in accordance with the provisions of this Act require him
to show cause within such period as may be specified in the notice as to why
such building or part thereof which is within the regular line of the street should
not be pulled down and the land within the regular line acquired by the
Commissioner on behalf of the Corporation.
(2) If such owner fails to show cause as required by sub-section (1) the
Commissioner may, with the approval of the Corporation require the owner by
another notice to be served on him in accordance with the provisions of this
Act to pull down the building or part thereof which is within the regular line of
the street within such period as specified in the notice.
(3) If within such period the owner of the building fails to pull down the
building or part thereof as required by the Commissioner, the Commissioner
may pull down the same and all the expenses incurred in doing so shall be paid
by the owner and be recoverable from him as an arrear of tax under this Act.
(4) The Commissioner shall at once take possession on behalf of the

Corporation of the portion of the land within the regular line of the street
occupied by the said building or part thereof and such land shall thereupon be
deemed to be a part of the public street and shall vest in the Corporation.
218. Acquisition of open land and land occupied by platforms etc. within
the regular line of streets. ––(1) If any land, whether open or enclosed, not
vesting in the Corporation and not occupied by any building is within the regular
line of a public street or if a platform, verandah, step, compound wall, hedge or
fence or some other structure external to a building abutting on a public street or
a portion of such platform, verandah, step, compound wall, hedge or fence or
some other structure is within the regular line of such street the Commissioner
may after giving to the owner of the land or building not less than seven days’
notice of his intention so to do take possession on behalf of the Corporation of
the said land with its enclosing wall, hedge or fence, if any, or of the said platform,
verandah, step, compound wall, hedge or fence or other structure or of any portion
thereof which is within the regular line of the public street and if necessary clear
the same and the land so acquired shall thereupon be deemed to be part of the
public street and shall vest in the Corporation :
Provided that where the land or building is vested in the Government or

the Central Government, the Commissioner shall not take possession thereof
without the previous sanction of the Government or the Central Government,
as the case may be.
219. Acquisition of remaining part of building and land after their

portions within regular line of street have been acquired. ––(1) Where a land
or building is partly within the regular line of a public street and the
Commissioner is satisfied that the land remaining after the requisition of the
portion within the said line still not be suitable or fit for any beneficial use he
may, at the request of the owner, acquire such land in addition to the land
within the said line and such surplus land shall be deemed to be a part of the
public street and shall vest in the Corporation.
(2) Such surplus land may thereafter be utilised for the purpose of setting
forward a building under section 220.
220. Setting forward of building to regular line of street. ––(1) The

Commissioner may, upon such terms, as he thinks fit, allow any building to be
set forward for the purpose of improving the regular line of a public street and
may with the sanction of the Corporation by notice require any building to be
so set forward in the case of reconstruction thereof or of a new construction.
Explanation.–– For the purpose of this section a wall separating any premises
from a public street shall be deemed to be a building and it
shall be deemed a sufficient compliance, with permission or
requisition to set forward a building to the regular line of a
street if a wall of such material and dimensions as are approved
by the Commissioner is erected along the said line.
221. Compensation to be paid in certain cases of setting back or setting

forward of buildings etc. ––(1) Compensation shall be paid by the
Commissioner to the owner of any building or land acquired for a public street
under the provisions of sections 216, 217 and 218 for any loss which such
owner may sustain in consequence of his building or land being so acquired
and for any expenses incurred by such owner in consequence of any order
made by the Commissioner.
Provided that––
(a) any increase or decrease in the value of the remainder of the

property of which the building or land so acquired formed part
likely to accrue from the setting back to the regular line of the
street shall be taken into consideration and allowed for in
determining the amount of such compensation ; and
(b) if any such increase in the value exceeds the amount of loss
sustained or expenses incurred by the owner, the Commissioner
may recover from him half of the amount of such excess as a
betterment charge.
(2) If in consequence of any order to set forward a building made by

the Commissioner the owner of such building sustains any loss or damage,
compensation shall be paid to him by the Commissioner for such loss or
damage after taking into account any increase in value likely to accrue, from
the setting forward.
(3) If the additional land which will be included in the premises of any
person required or permitted under sub-section (2) to set forward a building
belongs to the Corporation the order or permission of the Commissioner to set
forward the building shall be a sufficient conveyance to the said owner of the
said land and, the price to be paid to the Corporation by the owner for such
additional land and the other terms and conditions of the conveyance shall be
set forth in the order or permission.
(4) If, when the Commissioner required any building to be set forward,
the owner of the building is dissatisfied with the price fixed to be paid to the
Corporation or with any of the terms and conditions of conveyance, the
Commissioner shall, upon the application of the owner at any time within fifteen
days after the said terms and conditions are communicated to him, refer the
case for the determination of the Court of the District Judge whose decision
thereon shall be final.
222. Owner’s obligation when dealing with land or building sites.–– If

the owner of any land utilises, sells, leases out or otherwise disposes of such
land for the construction of building thereon, he shall lay down and make a
street or streets giving access to the plots into which the land may be divided
and connecting with an existing public or private street.
223. Layout plans. ––(1) Before utilising, selling or otherwise dealing

with any land under section 222 the owner thereof shall send to the
Commissioner a written application with a lay out plan of the land showing
the following particulars, namely :––
(a) the plots into which the land is proposed to be divided for the
erection of building thereon and purpose or purposes for which
such buildings are to be used ;
(b) the reservation or allotment of any site for any street, open space,
park, recreation ground, school, market or any public purpose ;
(c) the intended level, direction and width of street or streets ;
(d) the regular line of street or streets ; and

(e) the arrangements to be made for levelling, paving, metalling,

flagging, channelling, sewering, draining, conserving and lighting
street or streets.
(2) The provisions of this Act and the bye-laws made thereunder as to
width of the public streets and the height of building abutting thereon shall
apply in the case of streets referred to in sub-section (1) and all the particulars
referred to in that sub-section shall be subject to the sanction of the Corporation.
(3) Within sixty days after the receipt of any application under sub-section
(1) the Corporation shall either accord sanction to the layout plan on such
conditions as it may think fit or ask for further information with respect to it.
(4) Such sanction shall be refused :––
(a) if the particulars shown in the layout plan would conflict with any
arrangement which have been made or which are in the opinion of
the Corporation likely to be made for carrying out any general
scheme of development of the municipal area whether contained
in the master plan or a zonal development plan prepared for the
municipal area or not ; or
(b) if the said layout plan does not conform to the provisions of this
Act and bye-laws made thereunder ; or
(c) if any street proposed in the plan is not designed so as to connect

at one end with a street which is already open.
(5) No person shall utilise, sell or otherwise deal with any land or layout
or make any new street without or otherwise than in conformity with the orders
of the Corporation and if further information is asked for, no step shall be
taken to utilise, sell or otherwise deal with the land or to layout or make the
street until orders have been passed upon receipt of such information :
Provided that the passing of such order shall not be in any case delayed
for more than 60 days after the Corporation has received the information which
it considers necessary to enable it to deal with the said application.
(6) The layout plan referred to earlier in this section shall, if so required
by the Corporation, be prepared by a licensed town planner.
224. Alteration or demolition of street made in breach of section 223.––

(1) If any person lays out or makes any street referred to in section 223 without
or otherwise than in conformity with the orders of the Corporation, the

Commissioner may, by notice :––
(a) require the offender to show cause by a written statement signed

by him and sent to the Commissioner on or before such date as
may be specified in the notice, why such street should not be altered
to the satisfaction of the Commissioner or if such alteration be
impracticable why such street should not be demolished ; or
(b) require the offender to appear before the Commissioner whether

personally or by duly authorised agent on such day and at such
time and place as may be specified in the notice and show cause as
aforesaid.
(2) If any person on whom such notice is served fails to show cause to
the satisfaction of the Commissioner why such street should not be so altered
or demolished, the Commissioner may pass an order directing the alteration or
demolition of such street.
225. Power of Commissioner to order work to be carried out or to carry

it out himself in default. ––(1) If any private street or part thereof is not levelled,
paved, metalled, flagged, channelled, sewered, drained, conserved or lighted
to the satisfaction of the Commissioner, he may by notice require the owners
of such street or part and the owners of the lands and buildings fronting or,
abutting on such street or part to carry out any work which in his opinion may
be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice,
the Commissioner may, if he thinks fit, execute it and the expenses incurred
shall be paid by the owners referred to in sub-section (1) in such proportion as
may be determined by the Commissioner and shall be recoverable from them
as an arrear of tax under this Act.
226. Declaration of public streets. ––(1) If any street has been levelled,
paved, metalled, flagged, channelled, sewered, drained, conserved and lighted
under the provisions of section 225, the Commissioner may, and on the
requisition of the majority of the owner referred to in sub-section (1) of that
section shall declare such a street to be a public street and thereupon the street
shall vest in the Corporation.
(2) The Commissioner may at any time, by notice fixed up in any street
or part thereof, not maintainable by the Corporation, give intimation of his
intention to declare the same a public street and unless within one month next
after such notice has been so put up, the owner or any one of the several owners
of such street or such part of a street lodge objection thereto at the Corporation
Office, the Commissioner may by notice in writing, put up in such street or
such part, declare the same to be a public street vested in the Corporation.
227. Prohibition of projection upon street etc. ––(1) Except as provided

in section 228, no person shall erect, set up, add to or place against or in front
of any premises any structure or fixture which will :––
(a) overhang, jut or project into, or in any way encroach upon and
obstruct in any way the safe or convenient passage of the public
along any street ; or
(b) jut or project into or encroach upon any drain or open channel in
any street so as in any way to interfere with the use or proper
working of such drain or channel or to impede the inspection or
cleansing thereof.
(2) The Commissioner may by notice require the owner or occupier of

any premises to remove or to take such other action as he may direct in relation
to any structure or fixture which has been erected, set up, added or placed
against, or in front of the said premises in contravention of this section.
(3) If the occupier of the said premises removes or alters any structure
or fixture in accordance with such notice, he shall be entitled, unless the
structure or fixture was erected, set up or placed by himself, to credit into
account with the owner of the premises for all reasonable expenses incurred
by him in complying with the notice.
228. Projection over streets may be permitted in certain cases. ––(1) The
Commissioner may give a written permission on such terms and on payment
of such fee as he in each case thinks fit, to the owner or occupier of the building
or any street––
(a) to erect an arcade, over such street or any portion thereof, or
(b) to put up a verandah, balcony, arch connecting passage, sunshade,

weather frame, canopy, awning or other such structure or thing
projecting from any story over or across any street or portion
thereof :
Provided that no permission shall be given by the Commissioner for the

erection of an arcade in any public street in which construction of an arcade
has not been generally sanctioned by the Corporation.
(2) The Commissioner may at any time by notice require the owner or
occupier of any building to remove a verandah, balcony, sunshade, weather
frame or the like put up in accordance with the provisions of this Act and such
owner or occupier shall be bound to take action accordingly but shall be entitled
to compensation for the loss caused to him by such removal and the cost
incurred thereon.
229. Ground floor door etc. not to open outwards on streets.–– The
Commissioner may at any time by notice require the owner of any premises on
the ground floor of which any door, gate or window opens outwards upon a
street or upon any land required for the improvement of a street in such manner
as in opinion of the Commissioner is likely to obstruct the safe or convenient
passage of the public along such street, to have the said door, gate, bar or
window altered so as not to open outwards.
230. Prohibition of structures, fixtures or deposit or things in streets. ––

(1) No person shall, except with the permission of the Commissioner granted
in his behalf erect or set-up any wall, fence, rail, post, step, booth or other
structure whether fixed or moveable or whether of a permanent or temporary
nature, or any fixture in or upon any street or upon or over any open channel,
drain, well or tank in any street so as to form an obstruction to or an
encroachment upon, or projection over, or to occupy any portion of such street,
channel, drain, well or tank
(2) No person shall, except with the permission of the Commissioner

and on payment of such fee as he in each case thinks fit, place or deposit upon
any street, or upon any open channel, drain or wall in any street or upon any
public place any stall, chair, bench, ladder, bale or other thing whatsoever so
as to form an obstruction thereto or encroachment thereon.
(3) Nothing in sub-section (1) shall apply to any erection or thing to

which clause (c) of sub-section (1) of section 235 applies and nothing in sub-
section (2) shall apply to building materials.
231. Special provision regarding streets belonging to Government.––

Notwithstanding anything contained in sections 220, 227, 228 or in clause (v) of
Part C of section 395 and subject to any general or special order that the Government
may make in this behalf, if any street is vested in the Government :––
(a) the Commissioner shall not, in respect of such street grant

permission to do any act the doing of which without his written
permission would contravene the provisions of section 227 or

section 228 or allow any building to be set forward under the
provision of section 220 except with the sanction of the Government
which may be given in respect of a class of cases generally or in
respect of a particular case ;
(b) the Commissioner shall, if so required by the Government,

exercise the power conferred upon him by sections 220, 227, 228
or clause (v) of Part C of section 395 or any bye-law made in
exercise of the power conferred by the aforesaid clause (v) in
respect of the encroachment or overhanging structure on or over
such street or any materials, goods or articles of merchandise
deposited on such street.
232. Power to remove anything deposited or exposed for sale in

contravention of this Act.–– The Commissioner may, without notice cause to
be removed :—
(a) any stall, chair, bench, box, ladder, bale or other things whatsoever
placed, deposited, projected, attached or suspended in, upon, from
or to any place in contravention of this Act ; or
(b) any article whatsoever hawked or exposed for sale on any public
place in contravention of this Act and any vehicle, package, box or
any other thing in or on which such article is placed.
233. Prohibition of tethering of animals and milking of cattle. ––(1) No

person shall tether any animal or cause or permit the same to be tethered in
any public street.
(2) No person shall milk or cause or permit to be milked any cow or

buffalo in the street.
(3) Any animal tethered or any cow or any buffalo found being milked as
aforesaid in any street may be removed by the Commissioner or any Corporation
officer or employee and be impounded and dealt with under the provision of
the Cattle Trespass Act, Samvat 1977.
234. Precaution during repairs of streets. ––(1) The Commissioner shall,

so far as is practicable, during the construction or repair of any public street or
any municipal drain or a premises vested in the Corporation :––
(a) cause the same to be fenced and guarded ;

(b) take proper precautions against accident by shooting up and

protecting the adjoining buildings ;
(c) cause such bars, chains, or posts to be fixed across or in any street
in which any such work of construction or repair is under execution
as are necessary in order to prevent the passage of vehicles or
animals and avert danger.
(2) The Commissioner shall cause such street, drain or premises to be

sufficiently lighted or guarded during night while under construction or repair.
(3) The Commissioner shall, with all reasonable speed cause the said
work to be completed, the ground to be filled in the said street, drain or premises
to be repaired, and the rubbish occasioned thereby to be removed.
(4) No person shall, without the permission of the Commissioner or other

lawful authority, remove any bar, chain, post or shoring, timber or remove or
extinguish any light set up under this section.
235. Streets not to be opened or broken up and building materials not to

be deposited thereon without permission. ––(1) No person other than the
Commissioner or a Corporation Officer or other Corporation employee shall,
without the written permission of the Commissioner :––
(a) open, break up, displace, take up or make any alteration in, or cause
any injury to the soil or pavement or any wall, fence, post, chain or
other material or thing forming part of any street ; or
(b) deposit any building materials in any street ; or
(c) set up in any street scaffold or any temporary erection for the
purpose of any work whatever, or any posts, bars, rolls, boards or
other things by way of an enclosure, for the purpose of making
mortar or depositing bricks, lime, rubbish or other materials.
(2) Any permission granted under clause (b) or clause (c) of sub-section
(1) shall be terminable at the dissertation of the Commissioner on his giving
not less than twenty-four hours’ notice of such termination to the person to
whom such permission was granted.
(3) The Commissioner may, without notice, cause to be removed any of

the things referred to in clause (b) or clause (c) of sub-section (1) which has
been deposited or set up in any street without the permission specified in that
sub-section or which having been deposited or set up with such permission

has not been removed within the period specified in the notice issued under
sub-section (2) :
Provided that nothing in this sub-section shall apply to cases under clause
(b) or clause (c) of sub-section (1) in which an application for permission has
been made with such fee as may be prescribed by the Commissioner in this
behalf but no reply has been sent to the applicant within seven days from the
date of the application.
236. Disposal of things removed under this Chapter. ––(1) Any of the
things caused to be removed by the Commissioner under this Chapter shall,
unless the owner thereof turns up to take back such things and pays to the
Commissioner the charges for the removal and storage of such things, be
disposed of by the Commissioner by public auction or in such other manner
and within such time as the Commissioner thinks fit.
(2) The charges for removal and storage of the things sold under sub-
section (1) shall be paid out of the proceeds of the sale thereof and the balance,
if any, shall be paid to the owner of the things sold on a claim being made
therefor within a period of one year from the date of sale, and if no such claim
is made within the said period, shall be credited to the Corporation.
237. Naming and numbering to streets. ––(1) The Commissioner may––
(a) with the sanction of the Corporation, determine the name or number
by which any street or public place vested in the Corporation shall
be known ;
(b) cause to be put up or painted at a conspicuous part of any building,

wall or place, at or near each end, corner or entrance of such street
on or some convenient part of such street, the name or number by
which it is to be known ;
(c) cause to be put up or painted on boards of suitable size the name of

any public place vested in the Corporation ;
(d) determine the number or sub-number by which any premises or

part of such premises shall be known and cause such number or
sub-number to be fixed to the side or outer door of such premises
or to some place at the entrances of the enclosure thereof.
(2) No person shall destroy, remove, deface or in any way injure or alter
such name or number or sub-number or put up or paint any name or number or
sub-number different from that put up or painted by order of the Commissioner.
238. Commissioner to take steps for repairing or enclosing places. ––

(1) If any place is, in the opinion of the Commissioner, for want of sufficient
repair or protection or enclosure, or owing to some work being carried on
thereupon, dangerous or causing inconvenience to passengers along a street or
to other persons including the owner or occupier of the said place, who have
legal access thereto or to the neighbourhood thereof, the Commissioner may by
notice in writing require the owner or occupier of such place to repair, protect or
enclose the same or take such other steps as shall appear to the Commissioner
necessary in order to prevent the danger or inconvenience arising therefrom.
(2) The Commissioner may, before giving any such notice or before
the period of any such notice has expired, take such temporary measures as
he thinks fit to prevent the danger or inconvenience arising therefrom and
any expense incurred by the Commissioner in taking such temporary measures
shall be recoverable from the owner or occupier of the place as arrears of
tax under this Act.
239. Measures for lighting.–– The Commissioner shall :––
(a) take measures for lighting in a suitable manner all such public streets
and public places as may be specified by the Corporation ;
(b) procure, erect and maintain such number of lamps, lamp posts and
other appurtenances as may be necessary for the said purpose ;
(c) cause such lamps to be lighted by means of oil, electricity or such

other light as the Corporation may determine.
240. Prohibition of removal, etc. of lamps. ––(1) No person shall without

lawful authority take away wilfully or negligently break or throw down or
damage :––
(a) any lamp or any appurtenance of any lamp or lamp post or lamp
iron set up in any public street or any public place ;
(b) any electric wire for lighting such lamp ;
(c) any post, pole, standard stay, strut, bracket or other contrivance
for carrying, suspending or supporting any electric wire or lamp.
(2) No person shall wilfully or negligently extinguish the light of any

lamp set up in any public street or any public place.
(3) If any person wilfully or through negligence or accident breaks or

causes any damage to any of the things described in sub-section (1) he shall in
addition to any penalty to which he may be subjected to under this Act, pay the
expenses of repairing the damage so done by him.
CHAPTER XIV
BUILDING REGULATIONS
241. Definitions.–– In this Chapter, unless the context otherwise requires,

the expression “to erect building” means:—
(a) to erect a new building on any site whether previously built upon
or not ;
(b) to re-erect :—
(i) any building of which more than one-half of the cubical

contents above the level of the plinth have been pulled down,
burnt or destroyed ; or
(ii) any building of which more than one-half of the superficial

area of the external walls above the level of the plinth has
been pulled down ; or
(iii) any frame building of which more than a half of the number
of the posts of beams in the external walls have been pulled
down ;
(c) to convert into a dwelling house any building or any part of a

building not originally constructed for human habitation or, if
originally so constructed, subsequently appropriated for any other
purpose ;
(d) to convert into more than one dwelling houses a building originally
constructed as one dwelling house only ;
(e) to convert into place of religious worship or into sacred

building any place or building not originally constructed for
such purpose ;
(f) to roof or cover an open space between walls or buildings to the

extent of the structure which formed by the roofing or covering of
such space ;
(g) to convert two or more tenements in a building into greater or lesser

number ;
(h) to convert into a stall, shop, warehouse or godown, stable, factory

or a garage any building not originally constructed for use as such
or which was not so used before the change ;
(i) to convert a building which when originally constructed was legally

exempted from the operations of any building regulations contained
in this Act or in any bye-laws made thereunder or in any other law,
into a building which had it been originally erected in its converted
form, would have been subject to such building regulations ; and
(j) to convert into or use as a dwelling house any building which has
been discontinued as or appropriated for any purpose other than a
dwelling house.
242. Prohibition of erection of building without sanction.–– No person

shall erect or commence to erect any building or execute any of the works
specified in section 244 except with the previous sanction of the Commissioner,
or otherwise than in accordance with the provisions of this Chapter and of the
bye-laws made under this Act in relation to the erection of buildings or
execution of works.
243. Erection of building.–– Every person who intends to erect a building

shall apply for sanction by giving notice in writing of his intention to the
Commissioner in such form and containing such information as may be
prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans
alongwith specification as may be prescribed :
Provided that every such plan and specifications shall be duly signed by
a qualified structural engineer who shall be registered with the municipality
for the purpose.
Explanation:––For the purposes of this sub-section the expression “a qualified

structural engineer” means a graduate (civil) engineer.
244. Applications for additions to, or repairs of building. ––(1) Every

person who intends to execute any of the following works, namely :––
(a) to make any addition to a building ;
(b) to make any alteration or repairs to a building involving the removal

or re-erection of any external or partition wall thereof or of any
wall which supports the roof thereof to an extent exceeding one
half of such wall above the plinth level, such half to be measured
in superficial metres ;
(c) to make any alteration or repairs to a frame building involving the

removal or re-erection of more than one-half of the posts in any
such wall thereof as aforesaid or involving the removal or re-
erection of any such wall thereof as aforesaid to an extent exceeding
one half of such wall above plinth level, such half to be measured
in superficial metres ;
(d) to make any alteration in a building involving––
(i) the sub-division of any room in such building so as to convert

the same into two or more separate rooms ; or
(ii) the conversion of any passage or space in such building into

a room or rooms ;
(e) to repair, remove, construct, re-construct, or make any addition to

or structural alteration in any portion of a building abutting on a
street which stands within the regular line of such street ;
(f) to close permanently any door or window in an external wall ; and
(g) to remove or re-construct the principal staircase or to alter its

position ;
shall apply for sanction by giving notice in writing of his intention to the
Commissioner in such form and containing such information, as may be
prescribed by bye-laws made in this behalf.
(2) Every such notice shall be accompanied by such documents and plans
as may be so prescribed.
245. Condition of valid notice. ––(1) A person giving the notice required
by section 243 shall specify the purpose for which it is intended to use the building
to which such notice relates and a person giving the notice required by section
244 shall specify whether the purpose for which the building is being used is
proposed or likely to be changed by the execution of the proposed work.
(2) No notice shall be valid until the information required under sub-
section (1) and any further information and plans which may be required by
bye-laws made in this behalf have been furnished to the satisfaction of the
Commissioner alongwith the notice.
246. Sanction or refusal of building or work. ––(1) The Commissioner

shall sanction the erection of a building or the execution of a work unless such
building or work would contravene any of the provisions of sub-section (2) of
this section or the provisions of section 250.
(2) The grounds on which the sanction of a building or work may be

refused shall be the following, namely :––
(a) that the building or work, or the use of the site for the building or
work or any of the particulars comprised in the site plan, ground
plan, elevation, section or specification would contravene the
provisions of any bye-law made in this behalf or of any other law
or rule, bye-law or order made under such other law ;
(b) that notice for sanction does not contain the particulars, or is
not prepared in the manner required under the bye-laws made in
this behalf ;
(c) that any information or documents required by the Commissioner

under this Act or any bye-laws made thereunder has or have not
been duly furnished ;
(d) that in cases falling under section 222 layout plans have not been
sanctioned in accordance with section 223 ;
(e) that the building or work would be an encroachment on Government

land or land vested in the Corporation ;
(f) that the site of the building or work does not abut on a street or
projected street and that there is no access to such building or
work from any such street by a passage or pathway appertaining
to such site ;
(g) that the building or work would be in contravention of any scheme

sanctioned under section 260 ; and
(h) that a building for habitation, does not provide for a flush or a
water seal latrine.
(3) The Commissioner shall communicate the sanction to the person who
has given the notice ; and where he refuses sanction on any of the grounds
specified in sub-section (2) of this section or under section 250 he shall record
a brief statement of his reasons for such refusal and communicate the refusal
alongwith the reasons therefor to the person who has given the notice.
(4) The sanction or refusal as aforesaid shall be communicated in such

manner as may be specified in the bye-laws made in this behalf.
247. When building or work may be proceeded with. ––(1) Where within
a period of sixty days after the receipt of any notice under section 243 or
section 244 or of the further information, if any, required under section 245
the Commissioner does not refuse to sanction the building or work or upon
refusal does not communicate the refusal to the person who has given the notice,
the Commissioner shall be deemed to have accorded sanction to the building
or work and person by whom the notice has been given shall be free to
commence and proceed with the building or work in accordance with his
intention as expressed in the notice and the documents and plans accompanying
the same :
Provided that if it appears to the Commissioner that the site of the

proposed building or work is likely to be affected by any scheme of acquisition
of land for any public purpose or by way any proposed regular line of a public
street or extension, improvement, widening or alteration of any street, the
Commissioner may withhold sanction of the building or work for such period
not exceeding sixty days as he deems fit and the period of sixty days shall be
deemed to commence from the date of the expiry of the period for which the
sanction has been withheld.
(2) Where a building or work is sanctioned or deemed to have been

sanctioned by the Commissioner under sub-section (1), the person who has
given the notice shall be bound to erect the building or execute the work in
accordance with such sanction, but not so as to contravene any of the provisions
of this Act or any other law or of any bye-law made thereunder.
(3) If the person or any one lawfully claiming under him does not
commence the erection of the building or the execution of the work within one
year of the date on which the building or work is sanctioned or is deemed to

have been sanctioned, he shall have to give notice under section 244, or as the
case may be, under section 243 for fresh sanction of the building or the work
and the provisions of this section shall apply in relation to such notice as they
apply in relation to the original notice.
(4) Before commencing the erection of a building or execution of a work

within the period specified in sub-section (3), the person concerned shall give
notice to the Commissioner of the proposed date of the commencement of the
erection of the building or the execution of the work :
Provided that if the commencement does not take place within seven
days of the date so notified, the notice shall be deemed not to have been given
and a fresh notice shall be necessary in this behalf.
(5) Where the building plan is sanctioned or deemed to have been

sanctioned, the person, at whose instance building operations are to be
carried on, shall, after the excavation of the foundation and before starting
construction thereon, intimate the Corporation about the excavation of
the foundation.
(6) For the purpose of ascertaining, whether the strata of the land, over
which a building is to be erected is geologically fit, and the building operation
thereon can be carried out in accordance with the sanctioned plan, the
Corporation may, within seven days from the intimation under sub-section
(5), cause inspection of excavated foundation to be made by such persons as it
may direct, and in such manner as may be prescribed :
Provided that the person at whose instance the building operations are
carried out shall be associated in the inspection.
(7) The persons making the inspection under sub-section (6), may
communicate to the person, from whom intimation under sub-section (5) has
been received, its views in regard to the result of such inspection and may
after ascertaining the opinion of the said person, recommend to that person
the action to be taken as a result of such inspection and also report to the
Commissioner the action, if any, which is proposed to be taken for the purposes
of implementation of any such recommendation.
(8) On the receipt of the report under sub-section (7), the Corporation
may, within seven days from the date of intimation under sub-section (5), give
such direction to the person concerned, as it may deem fit.
248. Sanction accorded under misrepresentation.–– If at any time after

the sanction of any building or work has been accorded, the Commissioner is
satisfied that such sanction was accorded in consequence of any material
misrepresentation or fraudulent statement contained in the notice given or
information furnished under sections 243, 244 and 245, he may, by order in
writing, cancel for reasons to be recorded such sanction and any building or
work commenced, erected or done shall be deemed to have been commenced,
erected or done without such sanction :
Provided that before making any such order the Commissioner shall give
reasonable opportunity to the person affected as to why such order should not
be made.
249. Building at corners of streets.–– The Commissioner may require

any building intended to be erected at the corner of two streets to be rounded
off or splayed or cut off to such height and to such extent as he may determine,
and may acquire such portion of the site at the corner as he may consider
necessary for public convenience or amenity.
250. Provisions as to buildings and works on either side of new

streets.––(l) The erection of any building on either side of a new street may
be refused by the Commissioner unless and until such new street has been
levelled and wherever in the opinion of the Commissioner practicable, metalled
or paved, drained, lighted and laid with a water main to his satisfaction.
(2) The erection of any such building or the execution of any such work
may be refused by the Commissioner if such building or any portion thereof
for such work comes within the regular line of any street, the position and
direction of which has been laid down by the Commissioner but which has not
been actually constructed or if such building or any portion thereof or such
work is in contravention of any building or any other scheme or plan prepared
under this Act or any other law for the time being in force.
251. Period for completion of building or work.–– The Commissioner when

sanctioning the erection of a building or execution of a work, shall specify a
reasonable period after the commencement of the building or work within which
the building or work is to be completed and if the building or work is not completed
within the period so specified it shall not be continued thereafter without fresh
sanction obtained in the manner hereinbefore provided, unless the Commissioner
on application made, therefor, has allowed an extension of that period.
252. Prohibition against the inflammable materials for buildings etc.

without permission.–– In such areas as may be specified by bye-laws made in
this behalf, no roof, varendah, pandal or wall of a building or no shed or fence
shall be constructed or re-constructed of cloth, grass, leaves, mats or other

inflammable material except with the written permission of the Commissioner
nor shall any such roof, varendah, pandal, wall, shed or fence constructed or
reconstructed in any year be retained in subsequent year except with fresh
permission obtained in this behalf.
253. Order of demolition and stoppage of building and works in certain

cases and appeal. ––(1) Where the erection of any work has been commenced,
or is being carried on or has been completed without or contrary to the sanction
referred to in section 246 or in contravention of any condition subject to which
such sanction has been accorded or in contravention of the provisions of this
Act or bye-laws made thereunder, the Commissioner may in addition to any
other action that may be taken under this Act, make an order directing that such
erection or work shall be demolished by the person at whose instance the erection
or work has been commenced or is being carried on or has been completed
within such period (not being less than seven days from the date on which a
copy of the order of demolition with a brief statement of the reasons therefor has
been delivered to that person) as may be specified in the order of demolition :
Provided that no order of demolition shall be made unless the person has
been given, by means of a notice served in such manner as the Commissioner
may think fit, a reasonable opportunity of showing cause why such order should
not be made :
Provided further that where the erection or work has not been completed,
the Commissioner may by the same order or by a separate order, whether made
at the time of the issue of the notice under the first proviso or at any other
time, direct the person to stop the erection or work until the expiry of the
period within which an appeal against the order of demolition, if made, may
be preferred under sub-section (2).
(2) Any person aggrieved by an order of the Commissioner made under

sub-section (1) may prefer an appeal against the order to the Special Tribunal
within the period specified in the order for the demolition of the erection or
work to which it relates.
(3) Where an appeal is preferred under sub-section (2) against an order

of demolition, the Tribunal may stay the enforcement of that order on such
terms, if any, and for such period, as it may think fit :
Provided that where the erection of any building or execution of any

work has not been completed at the time of the making of the order of
demolition, no order staying the enforcement of the order of demolition shall
be made by the Tribunal unless reasonable opportunity of being heard is

afforded to the Commissioner and security sufficient in the opinion of the
Tribunal has been furnished by the appellant for not proceeding with such
erection or work pending the disposal of the appeal.
(4) Save as provided in this section no court shall entertain any suit,
application or other proceedings for injunction or other relief against the
Commissioner or restrain him from taking any action or making any order in
pursuance of the provisions of this section.
(5) Subject to the order made by the Tribunal on appeal, the order of
demolition made by the Commissioner shall be final and conclusive.
(6) Where no appeal has been preferred against an order of demolition

made by the Commissioner under sub-section (1) or where an order of
demolition made by the Commissioner under that sub-section has been
confirmed on appeal, whether with or without variation, the person against
whom the order has been made shall comply with the order within the period
specified therein or, as the case may be, within the period, if any, fixed by the
Tribunal on appeal, and on the failure of the person to comply with the order
within such period, the Commissioner may cause the erection of the work to
which the order relates to be demolished and the expenses of such demolition
shall be recoverable from such person as an arrear of tax under this Act.
254. Order of stoppage of building or works in certain cases. ––(1) Where

the erection of any building or execution of any work has been commenced or
is being carried on (but has not been completed) without or contrary to the
sanction referred to in section 246 or in contravention of any condition subject
to which such sanction has been accorded or in contravention of any provisions
of this Act or bye-laws made thereunder, the Commissioner may in addition to
any other action that may be taken under this Act by order require the person
at whose instance the building or the work has been commenced or is being
carried on, to stop the same forthwith.
(2) If an order made by the Commissioner under section 253 or under

sub-section (1) of this section directing any person to stop the erection of any
building or execution of any work is not complied with, the Commissioner
may require any Police Officer to remove such person and all his assistants
and workmen from the premises within such time as may be specified in the
requisition and such Police officer shall comply with the requisition accordingly.
(3) After the requisition under sub-section (2) has been complied with,
the Commissioner may, if he thinks fit, depute by a written order a Police
officer or a Corporation officer or other Corporation employee to watch the

premises in order to ensure that the erection of the building or the execution of
the work is not continued.
(4) Where a Police officer or a Corporation officer or other Corporation

employee has been deputed under sub-section (3) to watch the premises, the
cost of such deputation shall be paid by the person at whose instance such
erection or execution is being continued or to whom notice under sub-section
(1) was given and shall be recoverable from such person as an arrear of tax
under this Act.
(5) Where the owner of the building submits the revised plan, after the
work has been stopped by him or the work is completed by him and deviations
from the sanctioned plan are minor in nature, the Commissioner may subject
to the special and general directions of the State Government under section
255, compound the cases of deviations.
Explanation:––For the purposes of sub-section (5), the expression “minor in

nature” in relation to deviations shall not include––
(a) addition of a storey beyond the sanctioned plan ;
(b) erection of a building :––
(i) on any Government land or land vested in the Corporation ; or
(ii) by covering any public road, street, path or drain.
(6) Notwithstanding anything to the contrary contained in this Act, the

Corporation may, after affording a reasonable opportunity of being heard, deny
or withdraw the civic amenities including water and sewerage connection, if
the owner of the building makes deviations from the sanctioned plan by addition
of a storey beyond the sanctioned plan, erection of a building on any
Government land or land vested in the Corporation, or by covering any public
road, street, path or drain.
255. Power of the Government to give directions for compounding

deviations from sanctioned plan.–– Without prejudice to the provisions
contained in this Act the Government may, from time to time, give such special
or general directions in the matter of policy in relation to the compounding of
the cases involving deviations from the sanctioned plan as in its opinion are
required to be followed by the Commissioner for compounding such cases
under sub-section (5) of section 254 of this Act.
256. Power of Commissioner to require alternation of work. ––(1) The

Commissioner may, at any time during the erection of any building or
execution of any work or at any time within three months after the completion
thereof, by a written notice specify any matter in respect of which such
erection or execution is without or contrary to the sanction referred to in
section 246 or is in contravention of any condition of such sanction or any of
the provisions of this Act or any bye-laws made thereunder and require the
person who gave the notice under section 243 or section 244 or the owner of
such building or work either—
(a) to make such alteration as may be specified in the said notice with
the object of bringing the building or work in conformity with the
said sanction, condition or provisions, or
(b) to show cause why such alterations should not be made within the
period stated in the notice.
(2) If the person or the owner does not show cause as aforesaid he shall
be bound to make the alterations specified in the notice.
(3) If the person or the owner shows cause as aforesaid, the Commissioner
shall by an order either cancel the notice issued under sub-section (1) or confirm
the same subject to such modifications as he thinks fit.
257. Completion certificate. ––(1) Every person who employs a licensed

architect or engineer or a person approved by the Commissioner to design or
erect a building or execute any work shall, within one month after the
completion of the erection of the building in whole or part thereof or execution
of the work, deliver or send or cause to be delivered or sen t to the
Commissioner a notice in writing of such completion accompanied by a
certificate in the form prescribed by bye-laws made in this behalf and shall
give to the Commissioner all necessary facilities for the inspection of such
building or work.
(2) No person shall occupy or permit to be occupied any such building

or use or permit to be used any building or a part thereof effected by any such
work until permission has been granted by the Commissioner in this behalf in
accordance with bye-laws made under this Act :
Provided that if the Commissioner fails, within a period of thirty days

after the receipt of the notice of completion of a building or part thereof to
communicate his refusal to grant such permission, such permission shall be
deemed to have been granted.
258. Restrictions on user of buildings and removal of dangerous

buildings. ––(1) No person shall, without the written permission of the
Commissioner, or otherwise than in conformity with the conditions, if any, of
such permission––
(a) use or permit to be used for human habitation any part of a building
not originally erected or authorised to be used for that purpose or
not used for that purpose before any alteration has been made
therein by any work executed in accordance with the provisions of
this Act and of the bye-laws made thereunder ;
(b) change or allow the change of the use of any land or building ;
(c) convert or allow the conversion of one kind of tenement into

another kind.
(2) If it appears to the Commissioner at any time that any building is in

a ruinous condition, or likely to fall, or in any way dangerous to any person
occupying, resorting to or passing by such building or any other building or
place in the neighbourhood of such building, the Commissioner may, by order
in writing, require the owner or occupier of such building to demolish, secure
or repair such building or do one or more of such things within such period as
may be specified in the order, so as to prevent all cause of danger therefrom.
(3) The Commissioner may also, if he thinks fit, require such owner or
occupier by the said order either forthwith or before proceeding to demolish,
secure or repair the building to set up a proper and sufficient board or fence
for the protection of passers-by and other persons, with a convenient platform
and hand rail wherever practicable to serve as a footway for passengers outside
of such board or fence.
(4) If it appears to the Commissioner that danger from a building which

is in a ruinous condition or likely to fall is imminent, he may, before making
the order aforesaid fence off, demolish, secure or repair the said building or
take such steps as may be necessary to prevent the danger.
(5) If the owner or occupier of the building does not comply with the
order within the period specified therein, the Commissioner shall take such
steps in relation to the building as to prevent all cause of danger therefrom.
(6) All expenses incurred by the Commissioner in relation to any building

under this section shall be recoverable from the owner or occupier thereof as
arrears of tax under this Act.
259. Power to order building to be vacated in certain circumstances. ––

(1) The Commissioner may by order in writing direct that any building which
in his opinion is in a dangerous condition or is not provided with sufficient
means of egress in case of fire or is occupied in contravention of section 257,
be vacated forthwith or within such period as may be specified in the order :
Provided that at the time of making such order the Commissioner shall
record a brief statement of the reasons therefor.
(2) If any person fails to vacate the building in pursuance of such order
the Commissioner may direct any police officer to remove such person from
the building and the police officer shall comply with such direction accordingly.
(3) The Commissioner shall, on the application of any person who has
vacated, or has been removed from any building in pursuance of an order
made by him, allow such person to re-occupy the building on the expiry of the
period for which the order has been in force ; provided that the reasons on
account of which the vacation was ordered have been rectified or have ceased
to exist.
260. Building scheme. ––(1) The Corporation may, and if so required by

the Government shall, within six months of the date of such requisition, draw
up 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 :––
(a) the restriction on the erection or re-erection of buildings or any

class of buildings in the whole or any part of the city, and of the
use to which they may be put ;
(b) the prescription of a building line on either side or both sides of

any street existing or proposed ;
(c) the area of land in such unbuilt area which shall be transferred to
the Corporation for public purposes including use as public streets
by owners of land either on payment of compensation or otherwise ;
provided that the total area so transferred shall not exceed thirty-
five per cent and the area transferred without payment shall not
exceed twenty-five per cent of any one owner’s land within such
unbuilt area ;
(d) the determination of the size and shape of a reconstituted plot so as

to render it suitable for building purposes and where the plot is already
built upon, to ensure that the building, so far as possible, complies

with the provisions of the scheme in respect of open spaces ;
(e) the formation of a reconstituted plot by the alteration of the

boundaries of an original plot ;
(f) the formation of a reconstituted plot by the transfer wholly or partly

of the adjoining lands ;
(g) the allotment of a plot to any owner dispossessed of land in

furtherance of the scheme ;
(h) the transfer of ownership of a plot from one person to another ; and
(i) the details of the internal services, estimated cost for providing
them, the extent of the liability of the owners of buildings and lands
for the payment of the cost and the manner of payment of the same.
Explanation :––For the purposes of this section––
(1) the “reconstituted plot” shall mean a plot which is altered in

ownership or otherwise, as a result of making of a town planning
scheme ;
(2) “internal services” shall mean :––
(i) metalling of roads and paving of footpaths ;
(ii) turfing and plantation with trees of open spaces ;
(iii) street lighting ;
(iv) adequate and wholesome water supply ;
(v) sewers and drains both for storm and sullage water and
necessary provision for their treatment and disposal ; and
(vi) any other works that the Corporation may think necessary
for the development of the area comprised in the scheme.
(2) When a scheme has been drawn up under the provisions of sub-section
(1) the Corporation shall give public notice of such scheme and shall at the
same time intimate a date not less than thirty days from the date of such notice
by which any person may submit to the Corporation in writing any objection
or suggestion with regard to such scheme which he may wish to make.
(3) The Corporation shall consider every objection or suggestion with

regard to the scheme which may be received by the date intimated under the
provisions of sub-section (2) and may modify the scheme in consequence of
any such objection or suggestion and shall then forward such scheme as
originally drawn up or as modified to the Government which may sanction
such scheme or may refuse to sanction it, or may return it to the Corporation
for reconsideration and re-submission by a specified date.
(4) If a Corporation fails to submit a scheme within six months of being

required to do so under sub-section (1) or fails to re-submit a scheme by a
specified date, when required to do so under sub-section (3) or re-submit a
scheme which is not approved by the Government, the Government may draw
up a scheme of which public notice shall be given by notification and by
publication within the city together with an intimation of the date by which
any person may submit in writing to the Government any objection or suggestion
which he may wish to make and the Government may sanction such scheme as
originally notified or modified in consequence of any such objections or
suggestions as the Government may think fit, and the cost of such scheme or
such portion of the cost as the Government may deem fit shall be defrayed
from the Corporation Fund.
(5) While sanctioning a scheme the Government may impose condition

for the submission of periodical reports to it on the progress of the scheme and
for the inspection and supervision of the scheme.
(6) After the scheme has been sanctioned, the Corporation shall proceed
to provide internal services as soon as possible and complete it within a period
of five years from the date of its sanction.
(7) If under the provisions of any scheme sanctioned under the preceding
sub-sections the erection or re-erection of building 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 purpose
before the scheme was sanctioned, on conviction be liable to fine which may
extend to five thousand rupees, and if after such conviction he continues to
use such building for such purpose shall be liable to fine which may extend to
one hundred rupees for every day during which such use continues.
(8) For the purpose of drawing up a building scheme for built up areas and
a town planning scheme for unbuilt up areas, the Corporation 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.
Explanation :–– For the purpose of this section––
(i) “built area” is that portion of a municipal area of which the greater
part has been developed as a business or residential area ; and
(ii) “unbuilt area” is an area within the local limits of a municipal

area which is declared as such at a special meeting of the
Corporation by a resolution confirmed by the Government, or which
is notified as such by the Government.
CHAPTER XV
SANITATION AND PUBLIC HEALTH
261. Provision for daily cleansing of streets and removal of rubbish and
filth. ––(1) For the purpose of securing the efficient scavenging and cleansing
of all streets and premises, the Commissioner shall provide––
(a) for the daily surface cleansing of all streets and the removal of the
sweepings therefrom ; and
(b) for the removal of the contents of all receptacles and depots and of
the accumulation at all places provided or appointed by him under
the provisions of this Act for the temporary deposit of rubbish,
filth and other polluted and obnoxious matter.
(2) The Commissioner may, by public notice issue directions as to the

time at which, the manner in which, and the conditions subject to which any
matter referred to in sub-section (1) may be removed along a street or may be
deposited or otherwise disposed of.
262. Rubbish etc. to be property of Corporation.–– All matters deposited

in public receptacles, depots and places provided or appointed under section
263 and all matters collected by Corporation employees or contractors in
pursuance of sections 261 and 266 shall be property of the Corporation.
263. Provision for placement of receptacles, depots and places for

rubbish etc. ––(1) The Commissioner shall––
(a) provide or place in proper and convenient situations public

receptacles, depots or places for the temporary deposit of rubbish,
filth and other polluted and obnoxious matters and for the final
disposal of rubbish, filth and other polluted and obnoxious matters ;
(b) provide dustbins for the temporary deposit of rubbish ;
(c) provide vehicles or other suitable means for the removal of rubbish
and offensive matters ; and
(d) provide covered vehicles or vessels for the removal of filth and
other polluted and obnoxious matters.
(2) The Commissioner shall make adequate provision for preventing

receptacles, depots, dustbins, vehicles and vessels referred to in sub-section
(1) from becoming sources of nuisance.
264. Duty of owners and occupiers to collect and deposit rubbish etc.––
It shall be the duty of the owners and occupiers of all premises––
(a) to have the premises swept and cleaned ;
(b) to cause all filth, rubbish and other polluted and obnoxious matter
to be collected from their respective premises and deposited at such
times as the Commissioner, by the public notice prescribe, in public
receptacles, depots or places provided or appointed under section
263 for temporary deposit or final disposal thereof ;
(c) to provide receptacles of the type and in the manner prescribed by

the Commissioner for the collection therein of all filth, rubbish
and other polluted and obnoxious matter from such premises and
to keep such receptacles in good condition and repair.
265. Removal of rubbish etc. accumulated on premises used as factories,

workshops etc.–– The Commissioner may, if he thinks fit––
(a) by written notice require the owner or occupier of any premises

used for carrying on any manufacture, trade or business or used as
a factory, workshop, trade premises or market or in any way so
that rubbish, filth and other polluted and obnoxious matter are
accumulated in large quantities, to collect all such rubbish, filth
and other polluted and obnoxious matter accumulating thereon and
to remove the same at such time and in such carts or receptacles
and by such routes as may be specified in the notice to a depot or
place provided or appointed under section 263 ; or
(b) after giving such owner or occupier notice of his intention cause all
rubbish, filth and other polluted and obnoxious matter accumulated
in such premises to be removed and charge the said owner or occupier
for such removal such fee as may, with the sanction of the
Corporation, be specified in the notice issued under clause (a).
266. Prohibition against accumulation of rubbish etc. ––(1) No owner

or occupier of any premises shall keep or allow to be kept for more than twenty-
four hours or otherwise than in a receptacle approved by the Commissioner,
any rubbish, filth or other polluted and obnoxious matter, on such premises or
any place belonging thereto or neglect to employ proper means to remove
such rubbish, filth and other polluted and obnoxious matter from or to cleanse,
such receptacle and to dispose of such rubbish, filth and other polluted and
obnoxious matter in the manner directed by the Commissioner, or fail to comply
with any requisition of the Commissioner as to the construction, repair,
pavement or cleansing of any latrine or urinal on or belonging to the premises.
(2) No owner or occupier shall allow the water of any sink, drain, latrine
or urinal of any rubbish, filth and other polluted and obnoxious matter to run
down on or to be thrown or put upon, any street or into any drain in or along the
side of any street except in such manner as shall prevent any avoidable nuisance
from any such water, rubbish, filth or other polluted and obnoxious matter.
(3) No person shall, after due provision had been made in this respect
under the foregoing provisions of this Chapter for the deposit and removal of
the same––
(a) deposit any rubbish, filth and other polluted and obnoxious matter
in any street or on the verandah of any building or on any
unoccupied ground alongside any street or on the bank of a water
course ; or
(b) deposit any filth or other polluted and obnoxious matter in any dustbin
or in any vehicle not intended for the removal of the same ; or
(c) deposit rubbish in any vehicle or vessel intended for the removal
of filth and other polluted and obnoxious matter.
267. Commissioner’s power to get premises scavenged and cleansed.––

If any premises are not properly and regularly scavenged or cleansed or are in
a filthy and unwholesome condition, the Commissioner may cause them to be
scavenged and cleansed and recover the expenses from the owner or as the
case may be, occupier as an arrear of tax under this Act.
268. Public latrines, urinals etc.——(1) The Commissioner shall provide

and maintain in proper and convenient places sufficient number of public
latrines and urinals.
(2) Such public latrines and urinals shall be so constructed as to provide

separate compartments for each sex and not to be a nuisance, and shall be
provided with all necessary conservancy establishments and shall regularly be
cleansed and kept in proper order.
269. Construction of latrines and urinals.–– The Commissioner may

require the owner or occupant of any service latrine, within a period to be
specified in the notice, to demolish or close such service latrine and convert it
into water flush latrine ; and on the failure to convert such latrine, the
Commissioner may himself get the same converted and recover the cost incurred
thereon from the owner or occupier, as the case may be.
(2) No building plans shall be sanctioned by the Corporation unless the

provisions for flush or water seal latrine is made.
270. Latrines and urinals etc. in new buildings. ––(1) It shall not be
lawful to erect any residential building without providing flush or water seal
latrine and accommodation for bathing or for washing clothes and utensils on
each floor of such building as may be prescribed.
(2) While prescribing such accommodation it may in each case be

determined––
(a) whether such building shall be served by the flush system or by

water seal system ;
(b) what shall be the site or position of each latrine, urinal, bathing or
washing place or site and their number on each floor and their clear
internal dimensions.
(3) It shall not be lawful to erect a residential building comprised of

separate tenements on the flat system without providing at least one latrine
and one bathing or washing place for servants on the ground floor of such
building or at any other suitable place in the same premises.
(4) In this section the expression “to erect a building” has the same
meaning as in section 241.
271. Latrines and urinals for labourers etc. ––(1) Every person
employing workmen, labour or other persons exceeding twenty in number shall
provide and maintain for the separate use of persons of each sex so employed,
latrines and urinals, of such description and number as the Commissioner may
by notice require and within such time as may be fixed in the notice and shall
keep the same in clean and proper order.
272. Provision of latrines and urinals for markets etc.–– The

Commissioner may by notice require any owner or manager of a market, cart
stand, cattle shed, theatre, railway station and other places of public resort
within such time as may be specified in such notice to provide and maintain
for the separate use of persons of each sex, latrines and urinals of such
description and number and in such position as may be specified and to keep
the same in clean and proper order.
273. Other provisions as to private latrines.–– The Commissioner may,

by written notice––
(a) require the owner or other person having the control of any private
latrine or urinal not to put the same to public use ; or
(b) require the owner or other person having control of such private
latrine or urinal which in the opinion of the Commissioner
constitutes a nuisance, to remove the latrine or the urinal ; or
(c) require any person having the control whether as owner, lessee or
occupier of any land or building––
(i) to have any latrine provided for the same shut out by a
sufficient roof, wall or fence from the view of persons passing
by or dwelling in the neighbourhood ; or
(ii) to cleanse in such manner as the Commissioner may specify

in the notice any latrine or urinal belonging to the land or
building ; or
(d) where the premises intended, or used for human habitation are
without any latrine or urinal accommodation or are provided with
insufficient latrine or urinal accommodation, require the owner,
lessee or occupier of such premises to provide same or such
additional latrine or urinal accommodation as may be prescribed,
if necessary, by causing any part of such premises to be vacated
and demolished in accordance with the bye-laws made in this behalf.
274. Removal of congested building. ––(1) Where it appears to the

Commissioner that any block of buildings is in an unhealthy condition by reason
of the manner in which the building are crowded together, or of the narrowness,
closeness, or faulty arrangement of streets, or for the want of proper drainage
and ventilation, or of the impracticability of cleansing the building or other
similar cause, he shall cause the block to be inspected by the Corporation
Health Officer and the Corporation Engineer, who shall make a report in writing
to him regarding the sanitary condition of the block.
(2) If upon receipt of such report the Commissioner considers that the
sanitary condition of the block is likely to cause risk to disease to the inhabitants
of the buildings or of the neighbourhood or otherwise to endanger the public
heath, he shall with the approval of the Corporation select the buildings which
in his opinion should wholly or in part be removed in order to abate the
unhealthy condition of the block and may thereupon by notice in writing require
the owner of such buildings to remove them within such period as may be
specified in the notice :
Provided that before issuing the notice, reasonable opportunity should be

afforded to the owners to show cause why the buildings should not be removed.
Provided further that the Commissioner shall pay compensation to the

owners for any buildings so removed which may have been erected under
proper authority.
(3) If a notice under sub-section (2) requiring any owner of a building to

remove it is not complied with, then, after the expiration of the time specified
in the notice the Commissioner may himself remove the building required to
be removed by the notice and recover from the owner of the building the
expenses of such removal as an arrear of tax under this Act.
275. Power of Commissioner to require improvement of buildings unfit

for human habitation. ––(1) Where the Commissioner upon information in his
possession is satisfied that any building is in any respect unfit for human
habitation, he may, unless in his opinion the building is not capable at a
reasonable expense of being rendered fit, serve upon the owner of the building
a notice requiring him within such time not being less than thirty days as may
be specified in the notice to execute the works of improvement specified therein
and stating that in his opinion those works will render the building fit for
human habitation.
(2) In addition to serving a notice under this section on the owner the
Commissioner may serve a copy of the notice on any other person having an
interest in the building whether as a lessee, mortgagee or otherwise.
(3) In determining whether a building can be rendered fit for human

habitation at a reasonable expense regard shall be had to the estimated cost of
the work necessary to render it so fit and the value which it is estimated that
the building will have when the works are completed.
276. Enf orc eme nt of not i ce re qui ring e x ec uti on of work s of

improvement.–– If a notice under section 275 requiring the owner of the
building to execute works of improvement is not complied with, then, after the
expiration of the time specified in the notice the Commissioner may himself
do the works required to be done by the notice and recover the expenses
incurred in connection therewith as an arrear of tax under this Act.
277. Power of Commissioner to order demolition of buildings unfit for

human habitations. ––(1) Where the Commissioner upon any information in
his possession is satisfied that any building is unfit for human habitation and
is not capable at a reasonable expense of being rendered so fit, he shall serve
upon the owner of the building and upon any other persons having an interest
in the building, whether as a lessee, mortgagee or otherwise a notice to show
cause within such time, as may be specified in the notice as to why an order of
demolition of the building should not be made.
(2) If any of the persons upon whom a notice has been served under sub-
section (1), appears in pursuance thereof before the Commissioner and gives
an undertaking to him that such person shall, within a period specified by the
Commissioner, execute such works of improvement in relation to the building
as will, in the opinion of the Commissioner, render the building fit for human
habitation or an undertaking that the building shall not be used for human
habitation until the Commissioner on being satisfied that it has been rendered
fit for that purpose, cancel the undertaking the Commissioner shall not make
an order of demolition of the building.
(3) If no such undertaking as is mentioned in sub-section (2) is given, or

if in a case, where any such undertaking has been given, any work of
improvement to which the undertaking relates is not carried out within the
specified period or the building is at any time used in contravention of the
terms of the undertaking, the Commissioner shall forthwith make an order of
demolition of the building requiring that the building shall be vacated within a
period to be specified in the order not being less than thirty days from the date
of the order, and that it shall be demolished within six weeks of the expiration
of that period.
(4) Where an order of demolition of a building under this section has

been made, the owner of building or any other person having an interest therein
shall demolish that building within the time specified in that behalf by the
order, and if the building is not demolished within the time, the Commissioner
shall demolish the building and sell the materials thereof.
(5) Any expenses incurred by the Commissioner under sub-section (4),

if not satisfied out of the proceeds of the sale of materials of the building,
shall be recovered from the owner of the building or any other person having
an interest therein as an arrear of tax under this Act.
(6) In determining for the purposes of section 275 and this section whether
a building is unfit for human habitation, regard shall be had to its condition in
respect of the following matters, that is to say––
(a) repair ;
(b) stability ;
(c) freedom from damp ;
(d) natural light and air ;
(e) water supply ;
(f) drainage and sanitary conveniences ;
(g) facilities for storage, preparation and cooking of food and for the
disposal of rubbish, filth and other polluted matter,
and the building shall be deemed to be unfit as aforesaid if and only if it is so

defective in one or more of the said matters that it is not reasonably suitable
for occupation in that condition.
Explanation:––In sections 275, 276 and this section, “work of improvement”

in relation to a building includes any one or more of the
following works, namely :––
(a) necessary repairs ;
(b) structural alterations ;
(c) provision of light points and water taps ;

(d) construction of drains, open or covered ;
(e) provision of latrines and urinals ;
(f) provision of additional or improved fixtures and fittings ;
(g) opening up or paving of court yard ;
(h) removal of rubbish, filth and other polluted and obnoxious matter ;
(i) any other work including the demolition of any building or any
part thereof which, in the opinion of the Commissioner is necessary
for executing any of the works specified above.
278. Insanitary huts and sheds.–– Where the Commissioner upon any
information in his possession is satisfied that any hut or shed used as dwelling
house or as a stable or for any other purpose, is likely, by reason of its being
constructed without a plinth or on account of the impracticability of
scavenging and cleansing it or owing to the manner in which it and other
huts or sheds are crowded together, to cause risk of disease to the inmates
thereof or to the inhabitants of the neighbourhood, or is for any reason likely
to endanger public health or safety, he may by notice in writing require the
owner or occupier of the hut or shed or the owner or occupier of the land on
which the hut or shed stands to remove or alter the hut or shed or carry out
such improvement thereof as the Commissioner may deem necessary within
such time as may be specified in the notice.
279. Prohibition against washing by washerman. ––(1) The Commissioner

may by public notice, prohibit the washing of clothes by washermen in the
exercise of their callings except at such places as he may appoint for the purpose.
(2) When any such prohibition has been made, no person who is by calling
a washerman shall in contravention of such prohibition wash clothes except for
himself or for personal and family service or for hire on or within the premises
of the hirer at any place other than a place appointed under sub-section (1).
280. Obligation to give information of dangerous disease.–– Any person

being incharge of or in attendance whether as medical practitioner or
otherwise, upon any person whom he knows or has reason to believe to be
suffering from a dangerous disease, or being owner, lessee, or occupier of
any building in which he knows that any such person is so suffering shall
forthwith give information in respect of the existence of such disease to the
Corporation Health Officer.
281. Removal of patient to hospital suffering from dangerous disease.––

When any person suffering from any dangerous disease is found to be––
(a) without proper lodging or accommodation ; or
(b) living in a room or house which he neither owns nor pays rent for,
nor occupies as the guest or relative of person who owns, or pays
rent for it ; or
(c) living in a sarai hotel, boarding house or other public hostel ; or
(d) lodged in premises occupied by members of two or more families,
the Commissioner or any person authorised by him in this behalf may, on the
advice of any medical officer of the rank not inferior to that of an assistant
surgeon, remove the patient to any hospital or place at which persons suffering
from such disease are received for medical treatment and may do anything
necessary for such removal.
282. Disinfection of buildings and articles.–– Where the Commissioner

is of the opinion that the cleansing and disinfection of any building or part of
a building or of any article in such building or part of which are likely to retain
infection or the renewal or flooring of any building or part of such building
and the renewal of plastering of the walls thereof, would tend to prevent or
check the spread of any dangerous disease, he may, by notice in writing, require
the owner or occupier to cleanse and disinfect the said building, part or articles,
as the case may be, or to renew the said flooring and if necessary the said
plastering also within such time as may be specified in the notice :
Provided that where in the opinion of the Commissioner the owner or

occupier is from poverty unable effectually to carry out any such requisition,
the Commissioner may at the expense of the Corporation cleanse and disinfect
the building or articles or, as the case may be, renew the flooring and if
necessary, the plastering also.
283. Destruction of infectious huts or sheds. ––(1) Where the destruction

of any hut or shed is in the opinion of the Commissioner necessary to prevent
the spread of any dangerous disease, the Commissioner may by notice in writing
require the owner to destroy the hut or shed and the materials thereof within
such time as may be specified in the notice.
(2) Where the Commissioner is satisfied that the destruction of any hut
or shed is immediately necessary for the purpose of preventing the spread of
any dangerous disease, he may order the owner or occupier of the hut or shed
to destroy the same forthwith or may himself cause it to be destroyed.
(3) Compensation may be paid by the Commissioner, in any case which

he thinks fit to any person who sustain substantial loss by the destruction of
any such hut or shed ; but, except as so allowed by the Commissioner, no
claim for compensation shall be allowed for any loss or damage caused, by
any exercise of the power conferred by this section.
284. Means of disinfection. ––(1) The Commissioner shall––
(a) provide proper places with necessary attendants and apparatus for
the disinfection of conveyance, clothing, bedding and other articles
which have been exposed to infection ;
(b) cause conveyances, clothing and other articles brought for

disinfection to be disinfected either free of charge or on payment
of such charges as he may fix.
(2) The Commissioner may notify places at which articles of clothing,

bedding and conveyances or other articles which have been exposed to infection
shall be washed and if he does so, no person shall wash any such thing at any
place not so notified without having previously disinfected such thing.
(3) The Commissioner may direct the destruction of any clothing, bedding
or other articles likely to retain infection and may give such compensation as
he thinks fit for any article so destroyed.
285. Special measures in case of out-break of dangerous or epidemic

disease. ––(1) In the event of the municipal area or any part thereof being
visited or threatened by an outbreak of any dangerous disease among the
inhabitants thereof or of any epidemic disease among any animals therein, the
Commissioner, if he thinks that the other provisions of this Act and the
provisions of any other law for the time being in force are insufficient for the
purpose may, with the previous sanction of the Corporation––
(a) take such special measures ; and
(b) by public notice, give such directions to be observed by the public

or by any class or section of the public as he thinks necessary to
prevent the outbreak or spread of the disease :
Provided that where in the opinion of the Commissioner immediate

measures are necessary, he may take action without such sanction as aforesaid
and if he does so, shall forthwith report such action to the Corporation.
(2) No person shall commit a breach of any direction given under sub-
section (1) and if he does so, he shall be deemed to have committed an offence
under section 183 of the Jammu and Kashmir State Ranbir Penal Code, 1989.
286. Infected clothes not to be sent to washerman or to laundry. ––(1) A

person shall not send or take to any washerman or to any laundry or place set
apart for the exercise by washermen or their calling, for the purpose of being
washed or to any place for the purpose of being cleansed, any cloth or other
article which he knows to have been exposed to infection from a dangerous
disease unless that cloth or article has been disinfected by or to the satisfaction
of the Corporation Health Officer.
(2) The occupier of any building in which a person is suffering from a

dangerous disease shall, if required by the Corporation Health Officer furnish to
him the address of any washerman to whom or any laundry or other place to
which clothes and other articles from the building have been or will be sent
during the continuance of the disease for the purpose of being washed or cleansed.
287. Contamination and disinfection of public conveyances. ––

(1) Whoever :––
(a) uses a public conveyance while suffering from a dangerous disease ;
(b) uses a public conveyance for the carriage of person who is suffering
from any disease ; or
(c) uses a public conveyance for the carriage of the corpse of a person
who had died from such disease ;
shall be bound to take proper precautions against the communication of the

disease to other person using or who may thereafter use the conveyance and to
notify such use to the owner, driver or person incharge of the conveyance and
further report without delay to the Commissioner the number of the conveyance
and the name of the person so notified.
(2) Where any person suffering from, or the corpse of any person who
has died from a dangerous disease has been carried, in public conveyance
which ordinarily plies in the municipal area or any part thereof, the driver
thereof, shall forthwith report the fact to the Commissioner who shall forthwith
cause the conveyance to be disinfected if that has not already been done.
(3) No such conveyance shall be again brought into use until the
Corporation Health Officer has granted a certificate stating that it can be used
without causing risk of infection.
(4) Whoever fails to make to the Commissioner any report which he is

required to make under this section shall be guilty of an offence.
288. Driver of conveyance not bound to carry persons suffering from

dangerous diseases.–– Notwithstanding anything contained in any law for the
time being in force, no owner, driver or person incharge of a public conveyance
shall be bound to convey or to allow to be conveyed in such conveyance in or
in the vicinity of the municipal area any person suffering from a dangerous
disease or the corpse of any person who had died from such disease unless and
until such person pays or tenders a sum sufficient to recover any loss and
expenses which would ordinarily be incurred in disinfecting the conveyance.
289. Disinfection of buildings before letting the same. ––(1) Where any
building or part of a building is intended to be let in which any person has,
within six weeks immediately preceding been suffering from a dangerous
disease, the person letting the building or part shall, before doing so, disinfect
the same in such manner as the Commissioner may by general or special notice
direct together with all articles therein liable to retain infection.
(2) For the purposes of this section the keeper of a hostel, hotel, lodging
house or sarai shall be deemed to let a part of the building to any person
accommodated in such hostel, hotel, lodging house or sarai, as the case may be.
290. Disposal of infected articles without disinfection.–– No person shall,

without previous disinfection give, lend, sell, transmit or otherwise dispose of
to another person any article or thing which he knows or has reason to believe
was exposed to contamination by any dangerous disease and is likely to be
used in or taken into the municipal area or any part thereof.
291. Prohibition of making or selling of food, etc. or washing of clothes

by infected persons.–– No person while suffering from, or in circumstances in
which he is likely to spread any dangerous disease, shall––
(a) make, carry or offer for sale or take any part in the business of
making, carrying or offering for sale, any article of food or drink
or any medicine or drug for human consumption, or any article of
clothing or bedding for personal use or wear ; or
(b) take any part in the business of the washing or carrying of clothes.
292. Power to restrict or prohibit sale of food or drink.–– When the

municipal area or any part thereof is visited or threatened by an outbreak of
any dangerous disease, the Commissioner may by public notice restrict in such
manner or prohibit for such period as may be specified in the notice, the sale
or preparation of any article of food or drink for human consumption specified
in the notice or the sale of flesh of any description of animal so specified.
293. Control over wells and tanks etc. ––(1) If the Commissioner is of
opinion that the water in any well, tank or other place is likely, if used for
drinking, to endanger, or cause the spread of any disease, he may––
(a) by public notice, prohibit the removal or use of such water for
drinking ; or
(b) by notice in writing, require the owner or person having control of

such well, tank or place to take such steps as may be directed by
the notice to prevent the public from having access to or using
such water ; or
(c) take such other steps as he may consider expedient to prevent the
outbreak or spread of any such disease.
(2) In the event of the municipal area or any part thereof being visited or
threatened by an outbreak of a dangerous disease, the Corporation Health
Officer or any person authorised by him in this behalf, may without notice and
at any time, inspect and disinfect any well, tank or other place from which
water is or is likely to be taken for the purpose of drinking and may further
take such steps as he may think fit, to ensure the purity of the water or to
prevent the use of the same for drinking purposes.
294. Duty of persons suffering from dangerous diseases.–– No person

shall :––
(a) knowing that he is suffering from dangerous disease expose other

persons to the risk of infection by his presence or conduct in any
public street or public place ;
(b) having the care of a person whom he knows to be suffering from a

dangerous disease cause or permit that person to expose other
persons to the risk of infection by his presence or conduct in any
such street or place as aforesaid ;
(c) place or cause to be placed in a dustbin or other receptacle for the

deposit of rubbish, any matter which he knows to have been exposed
to or having infection from a dangerous disease and which has not
been disinfected properly ;
(d) throw or cause to be thrown into any latrine or urinal any matter
which he knows to have been exposed to infection from a dangerous
disease and which has not been disinfected properly.
295. Disposal of infectious corpse, where any person has died from any
dangerous disease.–– Where any person has died from any dangerous disease
the Commissioner may by notice in writing—
(a) require any person having charge of corpse to convey the same to
mortuary thereafter to be disposed of in accordance with law ; or
(b) prohibit the removal of corpses from the place where the death
occurred except for the purpose of being burnt, buried or for being
conveyed to a mortuary.
296. Conditions of service of Safai Karamcharies and certain other

classes of persons employed in Corporation services. ––(1) No person being
a Safai Karamchari employed in the Corporation service shall in the absence
of any contract authorising him so to do, resign his employment without having
given one month’s notice to the Commissioner or shall abstain himself or neglect
or refuse to perform his duties without reasonable cause.
(2) The Corporation may by resolution direct that on or from such date
as may be specified in the resolution, the provisions of this section shall apply
in the case of any specified class of persons employed by the Corporation
whose functions are intimately concerned with public health or safety.
297. Power to call for information regarding burning and burial

ground.––The Commissioner may, by notice in writing, require the owner or
person incharge of any building or burial ground, cremation ground or electric
crematorium to supply such information as may be specified in the notice
concerning the condition, management or position of such ground.
298. Permission for use of new burning or burial grounds. ––(1) No

place which has not been used as a burning or burial ground, cremation ground
or electric crematorium before the commencement of this Act, shall be so used
without the permission in writing of the Commissioner.
(2) Such permission may be granted subject to any condition which the
Commissioner may think fit to impose for the purpose of preventing any
annoyance to or danger to the health of any person residing in the
neighbourhood.
299. Power to require closing of burning and burial grounds. ––

(1) Where the Commissioner, after making or causing to be made local
enquiry, is of opinion that any burning or burial ground or cremation ground
or electric crematorium, has become offensive to, or dangerous to the health
of persons residing in the neighbourhood, he may with the previous sanction
of the Corporation, by notice in writing require the owner or person incharge
of such ground to close the same from such date as may be specified in the
notice.
(2) No corpse shall be burnt or buried at the burning or burial ground in

respect of which a notice has been issued under this section.
300. Removal of corpses.–– The Commissioner may by public notice

prescribe routes by which alone corpses may be removed to burning or
burial grounds.
301. Disposal of dead animals. ––(1) Whenever any animal in the

charge of any person dies, the person incharge thereof shall within twenty-
four hours either––
(a) convey the carcass to a place provided or appointed under section

263 for the final disposal of the carcasses of dead animals ; or
(b) give notice of the death to the Commissioner whereupon he shall

cause the carcass to be disposed of.
(2) In respect of the disposal of the carcass of dead animals under clause
(b) of sub-section (1) the Commissioner may charge such fees as he may by
public notice specify.
CHAPTER XVI
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
302. Prohibition of nuisances. ––(1) No person shall :—
(a) in any public street or public place––
(i) ease himself ; or
(ii) carry meat exposed to public view ; or
(iii) picket animals or collect carts ; or

(iv) being engaged in the removal of rubbish, filth or other

polluted and obnoxious matter wilfully or negligently permit
any portion thereof to spill or fall or neglect to sweep away
or otherwise effectually to remove any portion thereof which
may spill or fall in such street or place ; or
(v) without proper authority affix, upon any building, monument,

post, wall, fence, trees or other things, any notice or other
document ; or
(vi) without proper authority deface or write upon or otherwise

mark any building, monument, post, wall, fence, tree or other
thing ; or
(vii) without proper authority remove, destroy, deface or otherwise

obliterate any notice or other document put up or exhibited
under this Act or the rules or bye-laws made thereunder ; or
(viii) without proper authority displace, damage, make any

alteration in, or otherwise interfere with, the pavement, gutter,
storm, water-drain, sign-board or other materials of any such
street or any lamp, bracket, direction post, hydrant or water-
place maintained by the Corporation in any such street or
place, or extinguish a public light ; or
(ix) carry rubbish, filth or other polluted or obnoxious matter at

any hour prohibited by the Commissioner by public notice,
or in any pattern of cart or receptacle which has not been
approved for the purpose by the Commissioner, or fail to close
such cart or receptacle when in use ; or
(b) carry rubbish, filth or other polluted or obnoxious matter along

any route in contravention of any prohibition made in this behalf
by Commissioner by public notice ; or
(c) deposit, or cause or permit to be deposited, earth or materials of

any description or any rubbish or polluted or obnoxious matter in
any place not intended for the purpose or in any public street or
public place or unoccupied and under the management of the
Corporation ; or
(d) make any grave or burn or bury any corpse at any place not set
apart for such purpose ; or
(e) at any time or place at which the same has been prohibited by the
Commissioner by public or special notice, beat a drum or tom-tom
or blow a horn or trumpet, or beat any utensil, or sound any brass
or other instrument, or play any music ; or
(f) disturb the public peace or order by singing, screaming or shouting

or by using any apparatus for amplifying or reproducing the human
voice, such as a megaphone or a loudspeaker ; or
(g) let loose any animal so as to cause, or negligently allow any animal
to cause injury, danger, alarm or annoyance to any person ; or
(h) save with the written permission of the Commissioner and in such
manner as he may authorise store or use night-soil, cow-dung, manure,
rubbish or any other substance omitting an offensive smell ; or
(i) use or permit to be used as a latrine any place not intended for
that purpose.
(2) Every person shall take all reasonable means to prevent every child
under the age of twelve years being in his charge from easing himself in any
public street or public place.
(3) The owner or keeper of any animal shall not allow it straying in public
street or public place without a keeper.
(4) Any animal found straying as aforesaid may be removed by an officer

or employee of the Corporation or by any police officer to a pound.
(5) Any swine found straying in a public street or public place shall be
liable to be destroyed by any officer or other employee of the Corporation
appointed in this behalf.
303. Power of Commissioner to require removal or abatement of

nuisance.–– Where the Commissioner is of opinion that there is a nuisance on
any land or building, he may, by notice in writing, require the person by whose
act, default or sufferance the nuisance arises or continues or the owner, lessee
or occupier of the land or building, or one or more of these persons to remove
or abate the nuisance by taking such measures in such manner and within such
period as may be specified in the notice.
304. Regulation and control of dogs. ––(1) The Corporation may, by

bye-laws made in this behalf––
(a) require the registration by the registering authority appointed by

the Commissioner in this behalf of all dogs kept within the
municipal areas;
(b) require that every registered dog shall wear a collar to which shall
be attached a metal token to be issued by the registering authority,
and fix the fee payable for the issue thereof ;
(c) require that any dog which has not been registered or which is not
wearing such token shall, if found in any public place, be detained
at a place set apart for the purpose ; and
(d) fix the fee which shall be charged for such detention and provide
that any such dog shall be liable to be destroyed or otherwise
disposed of unless it is claimed and the fee in respect thereof is
paid within one week.
(2) The Commissioner may :––
(a) cause to be destroyed or to be confined for such period as he may

direct, any dog or other animal which is, or is reasonably suspected
to be, suffering from rabies or which has been bitten by any dog or
other animal suffering or suspected to be suffering from rabies ;
(b) by public notice direct that after such date as may be specified by
the notice, dogs which are without collars or without marks,
distinguishing them as private property and are found straying on
the streets or beyond the enclosures of the houses of their owners,
if any, may be destroyed and cause them to be destroyed
accordingly.
(3) No damages shall be payable in respect of any dog or other animals

destroyed or otherwise disposed of under this section.
(4) No one, being the owner or person incharge of any dog, shall allow it
to be at large in any public street or public place without being muzzled and
without being secured by a chain lead in any case in which :––
(a) he knows that the dog is likely to annoy or intimidate any person ;
(b) the Commissioner has, by public notice during the prevalence of

rabies, directed that dogs shall not be at large without muzzled and
chain leads.
(5) No one shall :––
(a) allow any ferocious dog which belongs to him or is in his charge to
be at large without being muzzled ; or
(b) set on or, urge any dog or other animal to attack, worry or intimidate
any person ; or
(c) knowing or having reason to believe that any dog or animal

belonging to him or in his charge has been bitten by any animal
suffering or reasonably suspected to be suffering from rabies, fail
or neglect to give immediate information of the fact to the
Commissioner or give information which is false.
305. Stacking or collecting inflammable materials.–– The Commissioner

may by public notice, prohibit in any case where such prohibition appears to
him to be necessary for the prevention of danger to life or property, the stacking
or collecting of wood, dry grass, straw or other inflammable materials or the
placing of mats or thatched huts or the lighting of fires in any place which may
be specified in the notice.
306. Care of naked lights.–– No person shall set a naked light on or near
any building in any public street or other public place in such manner as to
cause danger of fire :
Provided that nothing in this section shall be deemed to prohibit the use
of lights for the purpose of illumination on the occasion of a festival or public
or private entertainment.
307. Discharging fireworks, firearms etc.–– No one shall discharge any

fire arms or let off fireworks or fire balloons or engage in any game in such
manner as to cause or to be likely to cause danger to person passing by or
dwelling or working in the neighbourhood or risk of injury to property.
308. Power to require buildings, wells, etc. to be rendered safe.–– Where

any building, or wall, or anything affixed thereto, or any well, tank, reservoir,
pool, depression or excavation, or any bank or tree, is in the opinion of the
Commissioner, in a ruinous state, for want of sufficient repairs, protection or
enclosure, a nuisance or dangerous to persons passing by or dwelling or working
in the neighbourhood, the Commissioner may by notice in writing require the
owner or part-owner or person claiming to be the owner or part-owner thereof
or failing any of them, the occupier thereof, to remove the same or may require
him to repair, protect or enclose the same in such manner as he thinks necessary;
and if the danger is, in the opinion of the Commissioner, imminent, he shall
forthwith take such steps as he thinks necessary to avert the same.
309. Enclosure of waste land used for improper purposes.–– The

Commissioner may, by notice in writing, require the owner or part-owner or
person claiming to be the owner or part-owner of any land or building or the
lessee or the person claiming to be the lessee of any such land which by reason
of misuse or disputed ownership or other cause, has remained unoccupied and
has become the resort of the idle and disorderly person or persons who have
no ostensible means of subsistence or cannot give a satisfactory account of
themselves or is used for gaming or immoral purposes or otherwise occasions
or is likely to occasion a nuisance, secure and enclose the same within such
time as may be specified in the notice.
CHAPTER XVII
EXTINCTION AND PREVENTION OF FIRE
310. Establishment and maintenance of fire brigade.–– For the

prevention and extinction of fire, the Corporation may, and if the Government
so directs shall, establish and maintain a fire-brigade and provide implements,
machinery or means of communicating intelligence for the efficient discharge
of their duties by the brigade.
311. Power of members of fire-brigades and other person for suppression

of fire. ––(1) On the occasion of a fire in the municipal area any Magistrate,
the Commissioner of the Corporation, any member of a fire brigade maintained
by the Corporation directing the operations of men belonging to the brigade,
and any police officer not below the rank of Sub-Inspector may :––
(a) remove or order the removal of any person which by his presence
interferes with or impedes the operations for extinguishing the fire
or for saving life or property ;
(b) close any street or passage in or near which any fire is burning ;
(c) for the purposes of extinguishing the fire, break into or through or
pull down, or cause to be broken into or through or pulled down or
used for the passage of houses or other appliances, any premises ;
(d) cause mains and pipes to be shot off so as to give greater pressure
of water in or near the place where the fire has occurred ;
(e) call on the persons incharge of any fire engine to render such
assistance as may be possible ;
(f) generally, take such measures as may appear necessary for the
preservation of life or property.
(2) When any Government building is endangered by fire, the officer of

the Public Works Department for the time being incharge of the building may
also exercise the powers conferred under sub-section (1).
(3) No person shall be liable to pay damages for any act done by him
under sub-sections (1) and (2) in good faith.
(4) Any damage done in the exercise of a power conferred or a duty

imposed by this section, shall be deemed to be damaged by fire within the
meaning of any policy of insurance against fire.
312. Limitation on operation of this Chapter.–– The powers conferred

by the last foregoing section shall be subject to any regulations, conditions or
restrictions which may be imposed by the rules.
CHAPTER XVIII
MARKETS, SLAUGHTER HOUSES, TRADES AND OCCUPATION
313. Provision of municipal markets, and slaughter houses. ––(l) The

Commissioner, when authorised by the Corporation in this behalf, may provide
and maintain municipal markets and slaughter houses in such number as he
thinks fit together with stalls, shops, sheds, pens and other buildings and
conveniences for the use of persons carrying on trade or business in, or
frequenting such markets or slaughter houses and may provide and maintain,
in such markets, buildings and places, machines, weights, scales and measures
for the weighment or measurement of goods sold therein.
(2) Municipal markets and slaughter houses shall be under the control of
the Commissioner who may at any time, by public notice, close any municipal
market or slaughter house or any part thereof.
314. Use of municipal markets. ––(1) No person shall, without the general
or special permission in writing of the Commissioner, sell or expose for the
sale any animal or article in any municipal market.
(2) Any person contravening the provisions of sub-section (1), and any
animal or article exposed for sale by such person, may be summarily removed
from the market by or under the orders of the Commissioner or any officer or
employee of the Corporation authorised by the Commissioner in this behalf.
315. Private markets and slaughter houses. ––(1) No place other than a
municipal market shall be used as a market unless such place has been licensed
as a market by the Commissioner.
(2) No place other than a municipal slaughter house shall be used as

slaughter house :
Provided that nothing in this sub-section shall be deemed––
(a) to restrict the slaughter of any animal in any place on the occasion
of any religious festival or ceremony, subject to such conditions as
the Commissioner may, by public or special notice, impose in this
behalf, or
(b) to prevent the Commissioner, with the sanction of the Corporation,

from setting apart places for the slaughter of animals in accordance
with religious customs.
316. Conditions of grant of license for private market. ––(1) The

Commissioner may charge such fees as he thinks fit to impose for the grant of
a license to any person to open a private market and may grant such license
subject to such conditions, consistent with this Act and any bye-laws made
thereunder, as he thinks fit to impose.
(2) When the Commissioner refuses to grant any licence, he shall record
a brief statement of the reasons for such refusal.
(3) The Commissioner may, with the previous approval of the Corporation
and for reasons to be recorded, suspend a licence in respect of a private market
for such period as he thinks fit or cancel such licence :
Provided that no such licence shall be cancelled without giving an

opportunity of being heard, to the licencee.
(4) A private market of which the licence has been suspended or cancelled
as aforesaid, shall be closed with effect from such date as may be specified in
the order of suspension or cancellation.
317. Prohibition of keeping markets open without licence etc.- (1) No

person shall keep open for public use any market in respect of which a licence
is required by or under this Act without obtaining a licence therefor or while
the licence therefor is suspended or after the same has been cancelled.
(2) When a licence to open a private market is granted or refused or is

suspended or cancelled, the Commissioner shall cause a notice of the grant,
refusal, suspension or cancellation to be pasted in such language or languages
as he thinks necessary in some conspicuous place by or near the entrance to
the place to which the notice relates.
318. Prohibition on use of unlicensed market. -No person knowing that

any market has been opened to the public without a licence having been
obtained thereof when such licence is required by or under this Act or that the
licence granted therefor is for the same time being suspended or that it has
been cancelled, shall sell or expose for sale any animal or article in such market.
319. Prohibition of business and trade. ––(1) No animal or article shall

be sold or exposed for sale within distance of one hundred metres of any
municipal market or licensed private market without the permission of the
Commissioner.
(2) Any person contravening the provision of sub-section (1) and any
animal or article exposed for sale by such person may be summarily remanded
by or under the order of the Commissioner or any officer or employee of the
Corporation appointed by him in this behalf.
320. Levy of stallages, rent and fees.–– The Commissioner, with the
previous approval of the Corporation may :––
(a) charge such stallages, rents or fees as may from time to time be
fixed by him in this behalf :––
(i) for the occupation or use of any stall, shop, stand, shed or
pen in a municipal market or municipal slaughter houses ;
(ii) for the right to expose articles for sale in a municipal market ;
(iii) for the use of machines, weights, scales and measures

provided for in any municipal market ; and
(iv) for the right to slaughter animals in any municipal slaughter

house and for the feed of such animals before they are ready
for slaughter ; or
(b) put up to public auction or dispose of by private sale, the privilege

of occupying or using any stall, shop, stand, shed or pen in a
municipal market or municipal slaughter house for such period and
on such condition as he may think fit.
321. Stallages, rent etc. to be published.–– A copy of the table of stallage,

rents and fees, if any, chargeable in any municipal market or municipal slaughter
house or the bye-laws made under this Act for the purpose of regulating the
use of such market or slaughter house printed in such language or languages
as the Commissioner may direct, shall be affixed in some conspicuous place
in the market or slaughter house.
322. Butcher’s, fishmonger’s and poulterer’s licence. ––(1) No person

shall without or otherwise than in conformity with a licence from the
Commissioner carry on the trade of a butcher, fishmonger, poulterer or importer
of flesh intended for human food or use any place for the sale of flesh, fish or
poultry intended for human food :
Provided that no licence shall be required for any place used for the sale
or storage for sale of preserved flesh or fish contained in air tight hermetically
sealed receptacles.
(2) The Commissioner may, by order and subject to such conditions as

to supervision and inspection as he thinks fit to impose, grant a licence or may
by order, refuse for reasons to be recorded, to grant the same.
(3) Every such licence shall expire at the end of the year for which it is
granted or, at such earlier date as the Commissioner may, for special reasons,
specify in the licence.
(4) If any place is used for the sale of the flesh, fish or poultry in
contravention of the provisions of this section, the Commissioner may stop
the use thereof by such means as he may consider necessary.
323. Factory etc. not to be established without permission of the

Commissioner. ––(1) No person shall, without the previous permission in
writing of the Commissioner establish in any premises, or materially alter,
enlarge or extend any factory, workshop or trade premises in which it is intended
to employ steam, electricity, water or other mechanical power.
(2) The Commissioner may refuse to give such permission, if he is of

opinion that the establishment, alteration, enlargement or extension of such
factory, workshop or trade premises in the proposed position would be
objectionable by reason of the density of the population in the neighbourhood

thereof, or would be a nuisance to the inhabitants of the neighbourhood.
324. Premises not to be used for certain purposes without licence. ––(1) No
person shall use or permit to be used any premises for any of the following
purposes without or otherwise than in conformity with the terms of a licence
issued by the Commissioner in this behalf, namely :––
(a) any of the purpose specified in Part–I of the Schedule –I ;
(b) any purpose which is, in the opinion of the Commissioner dangerous
to life, health or property or likely to create a nuisance ;
(c) keeping horses, cattle or other quadruped animals or birds for

transportation, sale or hire or for the sale of the produce thereof ; or
(d) storing any of the article specified in Part–II of the Schedule–I

except for domestic use of those articles :
Provided that the Corporation may declare that premises in which

the aggregate quantity of articles stored for sale does not exceed such
quantity as may be prescribed by bye-laws in respect of any such
articles shall be exempted from the operation of clause (d).
(2) In prescribing the terms of a licence granted under this section for
the use of premises as mills or iron yards or for similar purposes the
Commissioner may, when he thinks fit, require the licencee to provide a space
or passage within the premises for carts for loading and unloading purposes.
(3) The Corporation shall fix a scale of fees to be paid in respect of

premises licensed under sub-section (1) :
Provided that such fee shall exceed five hundred rupees.
325. Seizure of certain animals. ––(1) If any horses, cattle or other

quadruped animals or birds are kept on any premises in contravention of the
provision of section 324 or are found abandoned and roaming or tethered on
any street or public place or on any land belonging to the Corporation, the
Commissioner or any officer empowered by him may seize them and may cause
them to be impounded or removed to such place as may be appointed by the
Government or the Corporation for this purpose and cost of seizure of these
animals or birds and of impounding or removing them and of feeding and watering
them, shall be recoverable by sale by auction of these animals or birds :
Provided that anyone claiming such animals or birds may within seven
days of this seizure get them released on his paying all expenses incurred by
the Commissioner in seizing, impounding or removing and in feeding and
watering such animals or birds, and on his producing a licence for keeping
these animals and birds issued under the provision of section 324.
(2) Whenever the Commissioner is of the opinion that the user of any
premises for any of the purposes referred to in sub-section (1) of section 324
is causing a nuisance and such nuisance should be immediately stopped, the
Commissioner may order the owner, or the occupier of the premises to stop
such nuisance within such time as may be specified in the order and in the
event of the failure of the owner or occupier to comply with such order, the
Commissioner may himself or by an officer subordinate to him, cause such
user to be stopped.
(3) Without prejudice to the foregoing provisions of this section any

person by whom or at whose instance any horse, cattle or other quadruped
animals or birds are so kept, abandoned or tethered, shall also be punishable
under this Act.
326. Power of the Commissioner to prevent use of premises in particular

area or the purposes referred in section 324. ––(1) The Commissioner may
give public notice of his intention to declare that in any area specified in the
notice no person shall use any premises for any of the purposes referred to in
sub-section (1) of section 324 which may be specified in such notice.
(2) No objection to any such declaration shall be received after the period
of one month from the publication of the notice.
(3) The Commissioner shall consider all objections received within the said
period giving any person affected by the notice an opportunity of being heard and
may thereupon make declaration in accordance with the notice published under
sub-section (1), with such modifications, if any, as he may think fit.
(4) Every such declaration shall be published in the Government Gazette

and in such other manner as the Commissioner may determine, and shall take
effect from the date of its publication in the Government Gazette.
(5) No person shall, in any area specified in any declaration published

under sub-section (3), use any premises for any of the purposes referred to
in section 324 specified in the declaration and the Commissioner shall have
the power to stop the use of any such premises by such means as he considers
necessary.
327. Licence for hawking articles etc.–– No person shall, without or

otherwise than in conformity with the terms of a licence granted by the
Commissioner in this behalf––
(a) hawk or expose for sale in any place any article whatsoever, whether
it be for human consumption or not ;
(b) use in any place his skill in any handicraft or for rendering service
to and for the convenience of the public for the purpose of gain or
making a living.
328. Eating houses etc. not to be used without licence from Commissioner. ––
(l) No person shall, without or otherwise than in conformity with the terms of
a licence granted by the Commissioner in this behalf, keep any eating house,
lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant,
refreshment room or any place where the public are admitted for repose or for
the consumption of any food or drink or any place where food is sold or prepared
for sale.
(2) The Commissioner may at any time cancel or suspend any licence
granted under sub-section (1) if he is of opinion that the premises covered
thereby are not kept in conformity with the conditions of such licence or with
the provisions of any bye-laws made in this behalf.
329. Licensing and control of theatre, circuses and places of public

amusement.–– No person shall without or otherwise than in conformity with
the terms of licence granted by the Commissioner in this behalf, keep open
any theatre, circus, cinema house, dancing hall or other similar place of public
resort, recreation or amusement :
Provided that nothing in this section shall apply to private performances

in any such place.
330. Power of Commi ssione r to stop use of premise s used in

contravention of licences.–– If the Commissioner is of opinion that any eating
house, lodging house, hotel, boarding house, tea shop, coffee house, cafe,
restaurant, refreshment room or other place where the public are admitted for
repose or for consumption of any food or drink or where food is sold or prepared
for sale or any theatre, circus, cinema house, dancing hall or similar other
place of public resort, recreation or amusement is kept open without a licence
or otherwise than in conformity with the terms of a licence granted in respect
thereof, he may stop the use of any such premises for any such purpose for a
specified period by such means as he may consider necessary.
331. Power of Commissioner to inspect place where unlawful slaughter

of animals etc. is suspected. ––(1) If the Commissioner or any person authorised
by him in this behalf has reason to believe that any animal intended for human
consumption is being slaughtered or that the flesh of any such animal is being
sold or exposed for sale, in any place or manner not duly authorised under this
Act, he may at any time by day or night without notice, inspect such place for
the purpose of satisfying himself as to whether any provisions of this Act or
any bye-law made under this Act at the time in force is being contravened
thereat and may seize any such animal or the carcass of such animal or such
flesh found therein.
(2) The Commissioner may remove and sell by auction or otherwise

dispose of any animal or carcass of any animal or any flesh seized under sub-
section (1).
(3) If within one month of such seizure the owner of the animal, carcass
or flesh fails to appear and prove his claim to the satisfaction of the
Commissioner or if the owner is convicted of an offence under this Act in
respect of such animal, carcass or flesh, the proceeds of any sale under sub-
section (1) shall vest in the Corporation.
(4) Any person slaughtering any animal or selling or posing for sale the
flesh of any such animal in any place or manner not duly authorised under the
provisions of this Act shall be punishable with imprisonment of up to six months
and may be arrested by any police officer without a warrant.
(5) No claim shall lie against any person for compensation for any damage
necessarily caused by any entry or by the use of any force necessary for effecting
any entry under this section.
CHAPTER XIX
IMPROVEMENT
332. Improvement scheme.–– Where the Commissioner upon information

is satisfied in respect of any area :––
(a) that the buildings in that area are by reason of disrepair or

sanitary defects unfit for human habitation or are by reason of
their bad arrangement, or the narrowness or bad arrangement
of the streets or the want of light, air, ventilation or proper
conveniences, dangerous or injurious to the health of the
inhabitants of the area ; and
(b) that the most satisfactory method dealing with the conditions in
the area is the rearrangement and reconstruction of the streets and
buildings in the area in accordance with an improvement scheme,
he may frame an improvement scheme in respect of the area in accordance

with the bye-laws made in this behalf.
333. Matters to be provided for in an improvement scheme. ––(1) An

improvement scheme may provide for all or any of the following matters,
namely :—
(a) the acquisition by agreement or under the State Land Acquisition

Act, Samvat 1990 of any property necessary for or affected by the
execution of the scheme ;
(b) the relaying out of any land comprised in the scheme ;
(c) the redistribution of sites belonging to owners of property

comprised in the scheme ;
(d) the closure or demolition of building or portions of buildings unfit

for human habitation ;
(e) the demolition of obstructive buildings or portions thereof ;
(f) the construction and reconstruction of buildings ;
(g) the construction and alteration of streets ;
(h) the water supply, street lighting, drainage and other conveniences ;
(i) the provision of urban amenities and facilities such as parks, garden,
play-ground ;
(j) the sanitary arrangements required for the area comprised in the
scheme ;
(k) the provision of accommodation for any class of the inhabitants ;
(l) the provision of facilities for communication ;
(m) the sale, letting or exchange of any property comprised in the

scheme ;
(n) urban forestry, protection of the environment and promotion of

ecological aspects ;
(o) urban property elevation ;
(p) promotion of cultural, educational and aesthetic aspects ;
(q) cattle pounds, prevention of cruelty to animals ;
(r) public amenities including street light, parking lots, bus stops and
public conveniences ; and
(s) any other matter for which, in the opinion of the Commissioner, it
is expedient to make provision with a view to the improvement of
the area to which the scheme relates.
(2) Where any land is designated in an improvement scheme as subject

to acquisition or is required by the scheme to be kept as an open space, then, if
at the expiration of ten years from the date of sanction of the scheme by the
Government under sub-section (2) of section 334 the land is not acquired by
the Commissioner, the owner of the land may serve on the Commissioner, a
notice requiring his interest in the land to be so acquired.
(3) If the Commissioner, fails to acquire the land within a period of six
months from the receipt of the notice, the improvement scheme shall have no
effect after the expiration of the said six months as if the land were not
designated as subject to acquisition by the Commissioner or were not required
to be kept as an open space.
334. Submission of improvement scheme to the Corporation for approval

and to the Government for sanction. ––(1) Every improvement scheme shall,
as soon as may be, after it has been framed, be submitted by the Commissioner,
for approval to the Corporation, and the Corporation may either approve the
scheme without modifications or with such modifications as it may consider
necessary or reject the scheme with direction to the Commissioner to have a
fresh scheme framed according to such directions.
(2) No improvement scheme approved by the Corporation under sub-

section (1) shall be valid unless it has been sanctioned by the Government.
335. Publication of the notice after scheme is sanctioned. ––(1) After an

improvement scheme is sanctioned by the Government, the Commissioner shall
prepare a notice stating :––
(a) the fact that the scheme has been sanctioned ;
(b) the boundaries of the area comprised in the scheme ; and
(c) the place at which particulars of the scheme, a map of the area
comprised in the scheme, and a statement of the land which it is
proposed to acquire may be seen.
(2) The Commissioner shall cause the aforesaid notice to be published

in the Government Gazette and also in the manner specified in section 364.
336. Rehousing Scheme.–– The Commissioner, while framing the

improvement scheme under this Chapter for any area may also frame a scheme,
(hereinafter in this Act referred to as the rehousing scheme) for the construction,
maintenance and management of such and so many buildings as he may consider
necessary for providing accommodation for persons who are likely to be
displaced by the execution of the improvement scheme.
337. Improvement scheme and rehousing scheme to comply with master

plan and zonal development plan.–– No improvement scheme or rehousing
scheme framed under this Chapter after development plan for the municipal
area or a zonal development plan for any part thereof has been prepared in
accordance with law shall be valid unless such scheme is in conformity with
the provisions of the development plan or the zonal development plan.
338. Provision of housing accommodation for the economically

weaker sections.–– If the Corporation, upon consideration of report from
the Commissioner or any other information is satisfied that it is expedient
to provide housing accommodation for the economically weaker sections
in any area and that such accommodation can be provided without making
an improvement scheme, the Corporation shall cause that area to be
defined on a plan and pass a resolution authorising the Commissioner to
provide such accommodation––
(a) by the erection of buildings or by attachment of land belonging

to the Corporation or of land acquired by the Corporation for
the purpose ;
(b) by the conversion of any buildings belonging to the Corporation

into dwellings for the economically weaker sections.
CHAPTER XX
REGULATION OF FELLING AND PLANTING TREES
339. Prohibiting felling, cutting, damaging, destroying any tree in any

urban area.–– No person shall cut, damage, destroy, fell or remove any tree of
the prescribed class, whether included in a private holding or not, within the
jurisdiction of the Municipal Corporation, except with prior permission
obtained from the Government under the provisions made in this Chapter or
any rules made thereunder.
Explanation.–– For the purpose of this section the expression “damage” in

relation to a tree shall include––
(a) grilling, drilling of holes, boring and use of poisonous substance ;
(b) cutting and exposure of roots or making a tree dangerous ;
(c) setting fire to a tree or its branches ;
(d) debarking or stripping of the bark ;
(e) extraction of resin and gum ;
(f) lopping of branches ;
(g) extraction and removal of torchwood ;
(h) damage to trees by throwing debris or stones but such damage shall
not include the damage which is caused—
(1) by the bonafide exercise of the rights of the right holders of

the area ;
(2) by lopping of branches of trees which are grown mainly for

fodder, horticultural or ornamental purposes.
340. Constitution of Tree Authority. ––(1) The State Government shall

by notification, constitute the Tree Authority consisting of the following :––
(i) the Mayor of the Municipal Corporation ;
(ii) the Commissioner ;

(iii) the Divisional Forest Officer having jurisdiction over the city ;
(iv) the District Horticulture Officer having jurisdiction over the

city ; and
(v) one Councillor to be nominated by the Mayor.
(2) The Mayor shall be the Chairman of the Tree Authority.
341. Meeting of Tree Authority. ––(1) The Tree Authority shall meet at
least once in two months at such place and time as the Chairman may decide.
(2) The quorum to constitute a meeting of the Tree Authority shall be

one-half of the total number of its members.
342. Duties of Tree Authority.–– Notwithstanding anything in the Act

the Tree Authority shall subject to any general or special order of the
Government be responsible for :—
(a) the preservation of all trees within its jurisdiction ;
(b) obtaining declaration from all owners or occupants about the

number of trees in their lands ;
(c) specifying the standards regarding the number and kind of trees in
each locality, type of land and premises ;
(d) assisting private and public institutions connected with planting

and preservation of trees ; and
(e) undertaking such schemes or measures as may be directed from

time to time for achieving the objectives of these provisions.
343. Appointment of Tree Officer.–– The State Government shall appoint

one or more forest officers not below the rank of an Assistant Conservator of
Forests as Tree Officer for the territorial limits of a Municipal Corporation.
Every Tree Officer shall exercise jurisdiction over the whole or such part of
the areas of the Municipal Corporation as the Government may from time to
time determine.
344. Application for permission for cutting, felling or removal of a tree. ––

(1) Any person intending to cut, fell or remove a tree within the territorial
jurisdiction of the Corporation shall make an application to the Tree Officer,
in such form and containing such particulars and accompanied by such

documents as may be prescribed.
(2) Such application shall be accompanied by such fee as may be

prescribed.
345. Permission for felling of tree. ––(1) On receipt of application from

any person to fell any standing tree or to cut, lop, remove or otherwise dispose
of a fallen tree, the Tree Authority shall, after making such inquiry as it may
think fit, and with prior approval of the Government either permit in whole or
in part or refuse the permission applied for :
Provided that no such permission shall be refused if the tree :––
(i) is dead, diseased or wind-fallen ; or
(ii) constitutes a danger to life or property ; or
(iii) is substantially damaged or destroyed by fire, lighting, rain or other

natural causes.
(2) Where permission to fell a standing tree or to cut, remove or

otherwise dispose of a fallen tree is granted, the Tree Authority may
impose condition that the applicant shall plant another tree or trees of
the same or other suitable species preferably on the same site within sixty
days of the date on which the tree is felled or within such extended time
as the Tree Authority may allow.
(3) The permission granted under this section shall be valid for a period
of 180 days from the date on which the sanction is conveyed to the applicant.
If the applicant fails to cut, fell, lop or remove the tree permitted to be cut,
felled, lopped, or removed within the aforesaid period of 180 days, the
permission granted shall lapse, unless the applicant obtains from the
Commissioner and extension of time on an application for extension and
payment of prescribed fee.
346. Planting of adequate number of trees. ––(1) If in the opinion of the

Tree Officer the number of trees in any land is not adequate according to the
standards prescribed under clause (c) of section 342 the Tree Officer may, by
order, after giving a reasonable opportunity to the owner or occupier of the
land of being heard, require him to plant such trees or additional trees and at
such places in the land as may be specified in the order.
(2) When an order is made under sub-section (1), the owner or occupier
of the land shall comply with such order within thirty days from the receipt
thereof or such extended time as the Tree Officer may allow.
347. Planting in place of fallen/destroyed trees. ––(1) When any tree is

fallen or destroyed by wind, fire, lighting, rain or such other natural causes the
Tree Officer may suo moto or on information given to him after holding such
enquiry as he deems fit, by order require such owner or occupier to plant a
tree or trees in place of the tree so fallen or destroyed as may be specified in
the order.
(2) When an order is made under sub-section (1) the owner or occupier
of the land shall comply with such order within thirty days from the receipt
thereof or such extended time as the Tree Officer may allow.
348. Responsibilities for preservation of trees.–– When an order is made

by the Tree Officer under section 345, section 346 and section 347 subject to
the provisions of section 349, it shall be the duty of owner or occupier of the
land who is directed to plant a tree to see that the tree grows properly and is
well preserved. It shall also be the duty of such owner or occupier to preserve
all other trees existing on the land at the time of commencement of this Act
within the area in which the land is situated.
349. The recovery of expenditure on failure to comply with orders for

planting of trees.–– Where the owner or occupier of the land fails to comply
with any orders made by the Tree Officer under section 346 or section 347 or
section 348, the Tree Officer may, after giving a reasonable opportunity to
such owner or occupier of being heard and without prejudice to any other
action which may be taken against the defaulter under these provisions, take
the necessary action himself and recover the expenditure incurred therefrom
from the owner or the occupier, as the case may be.
350. Appeals. ––(1) When any decision is given or order is made under
section 346, section 347 or section 348 by the Tree Officer an appeal shall lie
to the Tree Authority.
(2) The appeal shall be made within thirty days from the date the
decision is communicated to or the order is received by the owner or occupier
of the land.
(3) The Tree Authority shall, as far as possible, decide the appeal within
ninety days from the date of its receipt after giving a reasonable opportunity
to the appellant of being heard.
(4) The decision of the Tree Authority shall be final and shall not be
questioned in any court of law.
351. Seizure.–– When the Tree Officer has reason to believe that an
offence under the provisions of this Chapter has been committed in respect of
any tree, he may seize the tools, ropes, chains, boats, vehicles or animals used
for the commission of the said offence alongwith tree or part thereof which
has been severed from the ground or the trunk, as the case may be.
352. Penalty.–– Whoever fells or abets the felling of any tree or causes
any tree to be felled in contravention of the provisions of this Chapter or any
rules made thereunder or without any reasonable excuse fails to comply with
any order issued or conditions imposed by the Tree Officer or any other officer
subordinate to him in the discharge of their functions under the provisions of
this Chapter shall on conviction be punished with imprisonment which may
extent to three months or with fine which may extend to five hundred rupees
or with both.
Explanation.–– For the purposes of this section a breach of the provisions of

this Chapter or abetment of breach thereof in respect of cutting
or destroying each tree shall be a separate offence.
353. Compounding of offences.–– No offence or breach of the provisions

of this Chapter shall be compounded by any authority empowered to compound
without providing for forfeiture of the tree fuel or timber alongwith articles
seized under section 351 in favour of the concerned Municipal Corporation.
354. Operation of other laws not barred.–– Nothing in this Chapter shall
be deemed to prevent any person from being prosecuted under any other law
for any act or omission which constituted an offence under these provisions or
from being liable under such other law to higher punishment or penalty than
that provided by these provisions or the rules made thereunder.
355. Power to make rules.–– The Government may by notification make

rules to carry out the purposes of the provisions of this Chapter.
CHAPTER XXI
POWERS, PROCEDURE, OFFENCES AND PENALTIES
356. Signature, conditions, duration, suspension, revocation, etc. of

licences and written permissions. ––(1) Whenever it is provided in this Act or
any bye-law made thereunder that a licence or a written permission may be
granted for any purpose, such licence or written permission shall be signed by
the Commissioner or by the officer empowered to grant the same under this
Act or the bye-laws made thereunder or by any Corporation officer authorised
by the Commissioner and shall specify, in addition to any other matter required
to be specified under any other provision of this Act or any provision of any
bye-law made thereunder :––
(a) the date of the grant thereof ;
(b) the purpose and the period, if any, for which it is granted ;
(c) restrictions or conditions, if any, subject to which it is granted ;
(d) the name and address of the person to whom it is granted ; and
(e) the fee, if any, paid for the licence or written permission.
(2) Except as otherwise provided in this Act or any bye-law made

thereunder, for every such licence or written permission a fee may be charged
at such rate as may from time to time be fixed by the Commissioner with the
sanction of the Corporation and such fee shall be payable by the person to
whom the licence or written permission is granted.
(3) Save as otherwise provided in this Act or any bye-law made thereunder
any licence or written permission granted under this Act or any bye-law made
thereunder may at any time be suspended or revoked by the Commissioner or
by the officer by whom it was granted, if he is satisfied that it has been secured
by the grantee through misrepresentation or fraud or if any of its restrictions
or conditions has been infringed or evaded by the grantee, or if the grantee has
been convicted for the contravention of any of the provisions of this Act or
any bye-law made thereunder relating to any matter for which the licence or
permission has been granted :
Provided that :—
(a) before making any order of suspension or revocation, reasonable

opportunity should be afforded to the grantee of the licence or the
written permission to show cause why it should not be suspended
or revoked ; and
(b) every such order shall contain a brief statement of the reasons for
the suspension or revocation of the licence or the written
permission.
(4) When any such licence or written permission is suspended or revoked

or when the period for which the same was granted has expired, the grantee
shall, for all purposes of this Act or any bye-law made thereunder, be deemed
to be without a licence or written permission until such time as the order
suspending or revoking the licence or written permission is rescinded or until
the licence or written permission is renewed.
(5) Every grantee of any licence or written permission granted under

this Act shall at all reasonable times while such licence or written permission
remains in force if so required by the Commissioner or the authority by whom
it was granted, produce such licence or written permission.
357. Power of entry and inspection.–– The Commissioner or any Corporation

officer or other Corporation employee authorised by him in this behalf or
empowered in this behalf by or under any provision of this Act may enter into or
upon any land or building with or without assistants and workmen :––
(a) for the purposes of ascertaining whether there is or has been in

connection with the land or building any contravention of the
provisions of this Act or any bye-law made thereunder ;
(b) for the purposes of ascertaining whether or not circumstances exist

which would authorise or require the Commissioner, or any
Corporation officer or employee authorised or empowered in this
behalf to take any action or execute any work under this Act or any
bye-law made thereunder ;
(c) for the purposes of taking any action or executing any work authorised
or required by this Act or any bye-law made thereunder ;
(d) to make any inquiry, inspection, examination, measurement,

valuation or survey authorised or required by or under this Act or
necessary for the proper administration of this Act ;
(e) generally for the purpose of efficient discharge of the functions by

any of the municipal authorities under this Act or any bye-law made
thereunder.
358. Power to enter land, adjoining land in relation to any work. ––

(1) The Commissioner or any person authorised by him in this behalf or
empowered in this behalf by or under any provision of this Act, may enter on
any land within thirty-five metres of any work authorised by or under this Act
with or without assistants and workmen for the purpose of depositing thereon
any soil, gravel, stone or other materials or for obtaining access to such work
or for any other purposes connected with the execution of the same.
(2) The person so authorised shall, before entering on any such land
state the purpose thereof and shall, if so required by the owner or occupier
thereof, fence off so much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by

this section, do as little damage as may be, and compensation shall be payable
by the Corporation in accordance with bye-laws made in this behalf to the
owner or occupier of land or to both for any such damage, whether permanent
or temporary.
359. B reak ing into buil ding. ––(1) It sh all be la wful for t he
Commissioner, or any person authorised by him in this behalf or empowered
in this behalf by or, under any provision of this Act to make any entry into any
place, and to open or cause to be opened any door, gate or other barrier :––
(a) if he considers the opening thereof necessary for the purpose of

such entry ; and
(b) if the owner or occupier is absent or being present, refuses to open

such door, gate or barrier.
(2) Before making any entry into any such place or opening or causing
to be opened any such door, gate or other barrier the Commissioner or the
person authorised or empowered in this behalf, shall call upon two or more
respectable inhabitants of the locality in which the place to be entered into is
situate, to witness the entry or opening and may issue an order in writing to
them or any of them so to do.
(3) A report shall be made to the Corporation as soon as may be after any
entry has been made into any place or any door, gate or other barrier has been
opened under this section.
360. Time of making entry.–– Save as otherwise provided in this Act or

any bye-law made thereunder no entry authorised by or under this Act shall be
made except between the hours of sunrise and sunset.
361. Consent ordinarily to be obtained.–– Save as otherwise provided

in this Act or any bye-laws made thereunder, no land or building shall be entered
into without the consent of the occupier, or if there is no occupier, or the
owner thereof and no such entry shall be made without giving the said owner
or occupier, as the case may be, not less than twenty-four hours’ written notice
of the intention to make such entry :
Provided that no such notice shall be necessary if the place to be inspected

is a factory, workshop or trade premises or a place used for any of the purposes
specified in section 324 or a stable for horses or a shed for cattle or a latrine or
urinal or a work under construction or for the purpose of ascertaining whether
any animal intended for human food is slaughtered in that place in contravention
of this Act or any bye-law made thereunder.
362. Regard to be had to social or religious usages.–– When any place

used as a human dwelling is entered under this Act, due regard shall be paid to
the social and religious customs and usages of the occupants of the place entered
and no apartment in the actual occupancy of a female, shall be entered or
broken open until she has been informed that she is at liberty to withdraw and
every reasonable facility has been afforded to her for withdrawing.
363. Prohibition of obstruction or molestation in execution of work.––

No person shall obstruct or molest any person authorised or empowered by or
under this Act or any person with whom the Corporation or the Commissioner
has lawfully contracted, in the execution of his duty or of anything which he is
authorised or empowered or required to do by virtue or in consequence of any
of the provisions of this Act or any bye-law made thereunder, or in fulfilment
of his contract, as the case may be.
364. Public notices how to be made known.–– Every public notice given
under this Act or any bye-law made thereunder, shall be in writing under the
signature of the Commissioner or of any Corporation officer authorised by
him in this behalf and shall be widely made known in the locality to be affected
thereby, by affixing copies thereof in conspicuous public places within the
said locality or by publishing the same or by beat of drum or by advertisement
in local newspaper or by any two or more of these means, and by any other
means that the appropriate municipal authority may think fit.
365. Newspaper in which advertisement of notices to be published.––

Whenever it is provided by this Act or any bye-law made thereunder that notice
shall be given by advertisement in local newspapers or that a notification or
information shall be published in local newspapers, such notice, notification or
information shall be inserted if practicable in at least two newspapers in such
languages as the Corporation may from time to time specify in this behalf :
Provided that if the Corporation publishes a municipal journal a

publication in that journal shall be deemed to be a publication in a newspaper
of the language in which the said journal may be published.
366. Proof of consent etc. of Commissioner etc.–– Whenever under this

Act or any rule, regulation or bye-law made thereunder the doing of or the
omission to do anything or the validity of anything depends upon the approval,
sanction, consent, concurrence, declaration, opinion or satisfaction of the
Commissioner or of any Corporation officer a written document signed by the
Commissioner or officer purporting to convey or set forth such approval,
sanction, consent, concurrence, declaration, opinion or satisfaction, shall be
sufficient evidence thereof.
367. Notices, etc. to fix reasonable time.–– Where any notice, act, order
or requisition issued or made under this Act or any rule, regulation or bye-law
made thereunder required anything to be done for the doing of which no time
is fixed in this Act or the rule, regulation or bye-law, the notice, act, order or
requisition shall specify a reasonable time for doing the same.
368. Signature on notices etc. may be stamped. ––(1) Every licence,

written permission, notice, act, summons or other document which is required
by this Act or any rule, regulation or bye-law made thereunder to bear the
signature of the Commissioner or of any Corporation officer, shall be deemed
to be properly signed if it bears a facsimile of the signature of the Commissioner
or officer, as the case may be, stamped thereupon.
(2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn

upon the Corporation Fund under section 71 and such classes of documents as
may be prescribed.
369. Notice etc. by whom to be served or issued.–– All notices, acts,

summons and other documents required by this Act or any rule, regulation or
bye-laws made thereunder to be served upon or issued to any person, shall be
served or issued by Municipal officers or other Corporation employee or by
other persons authorised by the Commissioner.
370. Service of notices, etc. ––(1) Every notice, act, summons, order,
requisition or other document required or authorised by this Act or any rule,
regulation or bye-law made thereunder to be served or issued by or on behalf
of the Corporation or by the Commissioner or any Corporation officer on any
person shall, save as otherwise provided in this Act or such rule, regulation or
bye-law, be deemed to be duly served :—
(a) where the person to be served is a company, if the document is

addressed to a Director or the Secretary of the company at its
registered office or at its principal office or place of business and
is either––
(i) sent by registered post ; or
(ii) delivered at the registered office or at the principal office or

place of business of the company ;
(b) where the person to be served is a partnership firm, if the document

is addressed to the partnership firm at its principal place of business,
identifying it by the name or style under which its business is carried
on and is either––
(ii) delivered at the said place of business ;
(c) where the person to be served is a public body or a Corporation or

a society or other body, if the document is addressed to the
Secretary, Treasurer or other head officer of that body, Corporation
or Society at its principal office, and is either––
(ii) delivered at that office ;
(d) in any other case, if the document is addressed to the person to be

served and––
(i) is given or tendered to him ; or
(ii) if such person cannot be found, is affixed on some

conspicuous part of his last known place of residence or
business, if within the municipal area, or is given or tendered
to some adult member of his family or is affixed on some
conspicuous part of the land or building, if any, to which it
relates ; or
(iii) is sent by registered post to that person.
(2) Any document which is required or authorised to be served on the

owner or occupier of any land or building may be addressed “the owner” or
“the occupier” as the case may be, of that land or building (naming that land
or building) without further name or description, and shall be deemed to be
duly served :—
(a) if the document so addressed is sent or delivered in accordance

with clause (d) of sub-section (1) ; or
(b) if the document so addressed or a copy thereof so addressed, is

delivered to some person on the land or building to whom it can be
delivered, is affixed to some conspicuous part of the land or
building.
(3) Where a document is served on a partnership firm in accordance

with this section, the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner
of any premises the Commissioner may by notice in writing require the occupier
of the premises to state the name and address of the owner thereof.
(5) Where the person on whom a document is to be served is a minor, the

service upon his guardian or any adult member of his family shall be deemed
to be service upon the minor.
(6) Nothing in section 368 and section 369 and in this section shall apply
to any summons issued under this Act by a Court.
(7) A servant is not a member of the family within the meaning of this section.
371. Power in case of non compliance with notice, etc.–– In the event of
a non-compliance with the terms of any notice, order or requisition issued to
any person under this Act or any rule, regulation or bye-laws made thereunder,
requiring such person to execute any work or to do any act, it shall be lawful
for the authority or officer at whose instance the notice, order or requisition
has been issued, whether or not the person in default is liable to punishment
for such default or has been prosecuted or sentenced any punishment therefor,
after giving notice in writing to such person, to take such action or such steps
as may be necessary for the completion of the act or the work required to be
done or executed by such person and all the expenses incurred on such account
shall be payable to the Commissioner on demand and if not paid within ten
days after such demand, shall be recoverable as an arrear of tax under this Act.
372. Liability of occupier to pay in default of owner. ––(1) If any notice,

order or requisition has been issued to any person in respect of property of
which he is the owner, the authority or officer at whose instance such notice,
order or requisition has been issued may require the occupier of such property
or any part thereof to pay to him, instead of to the owner, any rent payable by
him in respect of such property as it falls due up to the amount recoverable

from the owner under section 371 :
Provided that if the occupier refuses to disclose the correct amount of

the rent payable by him or the name or address of the person to whom it is
payable, the authority or officer may recover from the occupier the whole
amount recoverable under section 371 as an arrear of tax under this Act.
(2) Any amount recovered from an occupier instead of from an owner

under sub-section (1), shall in the absence of any contract between the owner
and the occupier to the contrary, be deemed to have been paid by the owner.
373. Execution of work by occupier in default of owner and deduction

of expenses from rent.–– Whenever the owner of any land or building fails to
execute any work which he is required to execute under this Act or any bye-
law made thereunder, the occupier, if any, of such land or building may with
the approval of the Commissioner, execute the said work and he shall, subject
to any contract between the owner and occupier to the contrary be entitled to
recover from the owner the reasonable expenses incurred by him in the
execution of the work and may deduct the amount thereof from the rent payable
by him to the owner.
374. Relief to agents and trustees. ––(1) Where any person, by reason of
his receiving rent of immovable property as a receiver, agent or trustee would
be bound to discharge any obligation imposed by this Act, or any rule, bye-
law, regulation or order made under it for the discharge of which money is
required, he shall not be bound to discharge the obligation unless he has, or
but for his own improper act or default might have had, funds in his hands,
belonging to the owner sufficient for the purpose.
(2) The burden of proving any act entitling a receiver, agent or trustee to
relief under sub-section (1) shall lie upon him.
(3) Where any receiver, agent or trustee has claimed and established his
right to relief under this section, the Commissioner may, by notice in writing
require him, to apply to the discharge of his obligation as aforesaid, the first,
moneys which may come to his hands on behalf, or for the use of the owner,
and on failure to comply with the notice, he shall be deemed to be personally
liable to discharge the obligation.
375. General power to pay compensation.–– In any case not otherwise

provided for in this Act or in any bye-law made thereunder, the Commissioner,
with the previous approval of the Corporation, may pay compensation to any
person who sustains damage by reasons of the exercise of any of the power
vested by this Act or any bye-law in the Commissioner or in any Corporation
officer or other Corporation employee.
376. Compensation to be paid by offenders for damage caused by them.––

(1) Any person who has been convicted of an offence against this Act or any
bye-law made thereunder shall, notwithstanding any punishment to which he
may have been sentenced for the said offence, be liable to pay such compensation
for any damage to the property of the Corporation resulting from the said offence
as the appropriate municipal authority may consider reasonable.
(2) In the event of a dispute regarding the amount of compensation

payable under sub-section (1), such amount shall, on application made to him,
be determined by the Magistrate before whom the said person was convicted
of the said offence ; and on non-payment of the amount of compensation so
determined, the same shall be recovered under a warrant ; from the said
Magistrate as if it were a fine imposed by him on the person liable therefor.
377. Mode of receiving certain dues.–– In any case not expressly provided
for in this Act or any bye-law made thereunder any sum due to the Corporation
on account of any charges, costs, expenses, fees or rent for any other account
under this Act or any such bye-law may be recoverable from any person from
whom such sum is due as arrears of tax under this Act :
Provided that no proceedings for the recovery of any sum under this
section, shall be commenced after the expiry of three years from the date on
which such sum became due.
378. Right of owner to apply to Court of the District Judge in case of

obstruction by occupier. ––(1) The owner of any land or building may if he is
prevented by the occupier thereof from complying with any provision of this
Act or any bye-law made thereunder or with any notice, order or requisition
issued under such provision, apply to the Court of the District Judge, and
where such application is made within any time that may be fixed for the
compliance with such provision or notice, order or requisition, the owner shall
not be liable for his failure to comply with the provision or notice, order or
requisition within the time so fixed.
(2) The Court on receipt of such application may make a written order
requiring the occupier of the land or building to afford all reasonable facilities
to the owner for complying with the said provision, or notice, order or
requisition and may also, if it thinks fit direct that the costs of such application
and order be paid by the occupier.
(3) After eight days from the date of the order referred to in sub-section
(2), the occupier shall afford all such reasonable facilities to the owner for the
purpose aforesaid as may be specified in the order and in the event of his
continued refusal to do so, the owner shall be discharged during the continuance
of such refusal from any liability which may have been otherwise incurred by
reasons of his failure to comply with the said provisions or notice, order or
requisition.
379. General powers and procedure of the Court of District Judge.––

The procedure provided in the Code of Civil Procedure, Samvat 1977, in regard
to suits shall be followed in the disposal of application, appeal or references
that may be made to the Court of the District Judge under this Act or any bye-
law made thereunder.
380. Fees in proceeding before the Court of District Judge. ––(1) The
Government may, by notification in the Government Gazette, prescribe what
fee shall be paid :––
(a) on any application, appeal or reference under this Act or any bye-
law made thereunder to the Court of the District Judge ; and
(b) for the issue, in connection with any inquiry or proceedings before
that Court under this Act or bye-laws, of any summons or other
process :
Provided that the fee, if any prescribed under clause (a) shall not in cases
in which the value of the claim or subject matter is capable of being estimated
in money, exceed the fees liable for the time being under the provisions of the
Court Fees Act, Samvat 1977, in cases in which the amount of the claim or
subject matter is of a like amount.
(2) The Government may, by like notification, determine the person

by whom the fee, if any, prescribed under clause (a) of sub-section (1)
shall be payable.
(3) No application, appeal or reference shall be received by the Court of

the District Judge until the fee, if any, prescribed therefor under clause (a) of
sub-section (1) has been paid :
Provided that the Court may in any case in which it thinks fit so to do––
(i) receive an application, appeal or reference made by or on behalf

of a poor person ; and
(ii) issue process on behalf of any such person, without payment or on

payment of part of the fees prescribed under this section.
381. Repayment of half fee on settlement before hearing.–– Whenever

an application, appeal or reference made under this Act or any bye-law made
thereunder to the Court of the District Judge is settled by agreement between
the parties before the hearing, half the amount of all fees paid up to that time,
shall be repaid by the Court to parties by whom the same have respectively
been paid.
382. Power of the Court of District Judge to delegate certain powers

and to make rules.–– The Court of the District Judge may:—
(a) delegate, either generally or specially, to the Court of an Additional

District Judge, power to receive applications and reference under
this Act or any rule, regulation or bye-laws made thereunder, and
to hear and determine such application and references ; and
(b) with the approval of the Government, make rules not inconsistent
with this Act or any rule, regulation or bye-law made thereunder,
providing for any matter connected with the exercise to the
jurisdiction conferred upon the Court by this Act which is not herein
specially provided for.
383. Punishment for certain offences.–– Whoever—
(a) contravenes any provision of any of the sections, sub-sections,

clauses, provisos or other provisions of this Act, mentioned in the
first column of the table in the Second Schedule ; or
(b) fails to comply with any order lawfully given to him or any
requisition lawfully made upon him under any of the said sections,
sub-sections, clauses, provisos or other provision shall be
punishable—
(i) with fine which may extend to the amount specified in the
third column of the said Table ; and
(ii) in the case of a continuing contravention or failure ; with an

additional fine which may extend to the amount specified in
the fourth column of that Table for every day during which
such contravention or failure continues after conviction for
the first such contravention or failure.
384. General Penalty.–– Whoever, in any case in which a penalty is not

expressly provided by this Act, fails to comply with any notice, order or
requisition issued under any provision thereof or otherwise contravenes any
of the provisions of this Act, shall be punishable with fine which may extend
to five hundred rupees and in the case of a continuing failure or contravention
with an additional fine which may extend to fifty rupees for every day after the
first conviction during which he has persisted in the failure or contravention.
385. Offences by Companies. ––(1) Where an offence under this Act has
been committed by a company, every person who at the time the offence was
committed, was incharge of and was responsible to the company for the conduct
of the business of the company, as well as the company shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly :
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment provided in this Act, if he proves that the
offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an

offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer such director, manager, secretary or other officer shall be deemed
to be guilty of that offence and shall be liable to be proceeded against and
punishable accordingly.
Explanation :––For the purpose of this section,––
(a) “Company” means a body corporate, and includes a firm or other

association of individuals ; and
(b) “Director” in relation to a firm means a partner in the firm.
386. Police establishment. ––(1) Every Corporation shall, unless relieved

of this obligation by the Government, maintain sufficient police establishment
for its police requirements within the municipal area for the performance of
the duties imposed on it by this Act.
(2) The establishment maintained under sub-section (1) shall consist of

part of the general police force under the Government within the meaning of
section 2 of the Police Act, Samvat 1983, and shall consist of such number of
officers and men who shall respectively receive such pay, leave, allowance,
gratuities and pensions as the Corporation may from time to time after
consultation with the Director General of Police and subject to the final decision
of the Government direct.
387. Arrest of offenders. ––(1) Any police officer may arrest any person
who commits in his view any offence under this Act or against any rule,
regulation or bye-law made thereunder if,––
(a) the name and address of such person be unknown to him ; and
(b) such person on demand declines to give his name and address or
gives a name and address which such officer has reason to believe
to be false.
(2) No person so arrested shall be detained in custody after his true name
and address is ascertained or, without the order of the nearest Magistrate, for
a period longer than twenty-four hours from the time of arrest exclusive of the
time necessary for the journey from the place of arrest to the court of such
Magistrate.
(3) It shall be the duty of all police officers to give immediate information
to the Commissioner or any other appropriate Corporation officer, of the
commission of or the attempt to commit any offence against this Act or any rule,
regulation or bye-law made thereunder and to assist all Corporation officers and
other Corporation employees in the exercise of their lawful authority.
388. Powers to initiate legal proceedings etc. and obtain legal advice.––
The Commissioner may,—
(a) take, or withdraw from, proceeding against any person who is

charged with––
(i) any offence against this Act or any rule, regulation or bye-
law made thereunder ; or
(ii) any offence which affects or is likely to affect any property

or interest of the Corporation or the due administration of
this Act ; or
(iii) committing any nuisance whatsoever ;
(b) contest or compromise any appeal against rateable value or the

assessment of any tax or rate ;
(c) take or withdraw from the compromise ; proceeding under section

376 for the recovery of expenses or compensation claimed to be
due to the Corporation ;
(d) withdraw or compromise any claim for a sum not exceeding one
thousand rupees against any person ;
(e) defend any suit or other legal proceeding brought against the
Corporation or against the Commissioner or a Corporation
employee in respect of anything done or omitted to be done by any
one of them in his official capacity ;
(f) with the approval of the Corporation, admit or compromise any claim,
suit or other legal proceeding brought against the Commissioner or
any Corporation officer or other Corporation employee in respect of
anything done or omitted to be done as aforesaid ;
(g) withdraw or compromise any claim against any person in respect

of a penalty payable under contract entered into with such person
by the Commissioner on behalf of the Corporation ;
(h) obtain such legal advice and assistance as he may from time to
time think necessary or expedient to obtain or as he may be required
by the Corporation to obtain for any of the purposes mentioned in
the foregoing clauses or for securing lawful exercise or discharge
of any power or duty vesting in or imposed upon any municipal
authority or any Corporation officer or other Corporation employee.
389. Prosecution.–– Save as otherwise provided in this Act, no court

shall try an offence made punishable by or under this Act or any rule or any
bye-law made hereunder, except on the complaint of, or upon information
received from the Commissioner, or any other officer of the Corporation
authorised by him in this behalf.
390. Composition of offences. ––(1) The Commissioner or any other

officer of the Corporation authorised by it in this behalf by a general or special
order or a sub-committee of the Corporation appointed by it may, either before
or after the institution of the proceedings, compound any offence made
punishable by or under this Act, or any rule or any bye-law made thereunder.
(2) Where an offence has been compounded, the offender, if in custody,

shall be discharged and no further proceeding shall be taken against him in
respect of the offence so compounded.
391. Protection of action taken in good faith etc.–– No suit or prosecution

shall be entertained in any court against the Corporation or against the
Commissioner or against any Corporation officer or other Corporation employee
or against any person acting under the order or direction of the Corporation or
the Commissioner for anything which is in good faith done or intended to be
done under this Act or any rule, regulation or bye-law made thereunder.
392. Notice to be given of suits. ––(1) No suit shall be instituted against

the Corporation or against the Commissioner or against any Corporation officer
or other Corporation employee or against any person acting under the order or
any direction of the Corporation or the Commissioner or any Corporation officer
or other Corporation employee, in respect of any act done, or purporting to
have been done, in pursuance of this Act or any rule, regulation or bye-law
made thereunder, until the expiration of two months after notice in writing has
been left at the Corporation office and, in the case of such employee or person
unless notice in writing has also been delivered to him or left at his office or
place of residence, and unless such notice states explicitly the cause of action,
the nature of the relief sought, the amount of compensation claimed and the
name and place of residence of intending plaintiff, and unless the plaint contains
a statement that such notice has been so left or delivered.
(2) No suit, such as is described in sub-section (1) shall, unless it is a

suit for the recovery of immovable property or for a declaration of title thereto
be instituted after the expiry of six months from the date on which the cause of
action arises.
(3) Nothing in sub-section (1) shall be deemed to apply to a suit in which

the only relief claimed is an injunction of which the object would be defeated
by giving of the notice or the postponement of the institution of the suit.
CHAPTER XXII
RULES, REGULATIONS AND BYE-LAWS
393. Supplemental provisions respecting rules. ––(1) Any rule which

the Government is empowered to make under this Act may provide that any
contravention thereof shall be punishable with fine which may extend to one
thousand rupees.
(2) Every rule made under this Act shall be laid as soon as may be after
it is made, before each House of the State Legislature while it is in session for
a total period of ten days which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the session in which it is
so laid or the successive session aforesaid, both the Houses agree to make any
modification in the rule or both Houses agree that this rule should not be made,
the rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be however, any such modification or annulment shall
be without prejudice to the validity of anything previously done or omitted to
be done under that rule.
394. Supplemental provisions regarding regulations. ––(1) Any

regulation which the Corporation under this Act may make with the approval
of Government, may be altered or rescinded by the Corporation with the
approval of the Government in the exercise of its powers under this Act.
(2) Any regulation made under this section may provide that contravention
thereof shall be punishable with fine which may extend to five hundred rupees.
(3) No regulation made by the Corporation under this Act shall have
effect until it has been published in the Government Gazette by the Government.
395. Powers to make bye-laws.–– Subject to the provisions of this Act,

the Corporation may in addition to any bye-laws which it is empowered to
make under any other provision of this Act make bye-laws to provide for all or
any of the following matters, namely :––
A. Bye-laws relating to taxation :––
(i) the maintenance of such books and registers by the Commissioner

and particulars which such books and registers should contain ;
(ii) the inspection of and the obtaining of copies and extracts from such
books and registers and fees, if any, to be charged for the same ;
(iii) the publication of rates of taxes as determined by the Government

from time to time ;
(iv) the requisition by the Commissioner of information and returns

from persons liable to pay taxes ;
(v) the notice to be given to the Commissioner by any person who

becomes the owner or possessor of a vehicle or animal in respect
of which any tax is payable under this Act ;
(vi) the wearing of badge by the driver of any such vehicle and the
display of number plate on such vehicle ;
(vii) the submission of returns by the persons liable to pay any tax under
this Act ; and
(viii) any other matter relating to the levy, assessment, collection, refund
or remission of taxes under this Act.
B. Bye-laws relating to water supply, drainage and sewage disposal :––
(i) the power of the Commissioner to close water works for the supply of
water, whether for domestic purposes or not, or for gratuitous use and
to prohibit the same and use of water for the purpose of business ;
(ii) the connection of supply pipes for conveying to any premises a

supply of water from municipal water works ;
(iii) the making and renewing connections with municipal water works ;
(iv) the power of the Commissioner to take charge of private connection ;
(v) the power of the Commissioner to alter the position of connection ;
(vi) the equitable distribution of water supplied to occupiers ;
(vii) the size, material, equality and description and position of the pipes
and fitting to be used for the purpose of any connection with or
any communication from any municipal water works and the
stamping of pipes and fitting and fees for such stamping ;
(viii) the size, material, equality and description of pipes, cisterns and
fittings which are found on an examination under the provisions of
this Act to be so defective that they cannot be effectively repaired ;
(ix) the provision and maintenance of meters when water is supplied

by measurement ;
(x) the prohibition of fraudulent and unauthorised use of water and

the prohibition of fraud in connection with meters ;
(xi) the maintenance of pipes, cisterns and other water works ;
(xii) the regulation or prohibition of the discharge or deposit of offensive

or obstructive matter, polluted water or other polluted and
obnoxious matter into sewers ;
(xiii) the regulation in any manner not specifically provided for in this
Act of the construction, alteration, maintenance, preservation,
cleaning and repairs of drains, ventilation, shafts, pipes, latrines,
urinals, cesspools and other drainage works ;
(xiv) the cleaning of drains ;
(xv) the prohibition of erection of buildings over drains without the

permission of the Commissioner ;
(xvi) the connection of private drains with municipal drains ;
(xvii)the location and construction of cesspools ;
(xviii) the covering and ventilation of cesspools ;
(xix) the period or periods of the day during which trade effluent may be
discharged from any trade premises into municipal drains ;
(xx) the exclusion from trade effluent of all condensing water ;
(xxi) the elimination from trade effluent, before it enters a municipal drain,
of any constituent which in the opinion of the Corporation would,
either alone or in combination with any matter with which it is likely
to come into contact while passing through municipal drains, injure or
obstruct those drains or make specially difficult or expensive the
treatment or disposal of the sewage from those drains ;
(xxii)the maximum quantity of trade effluent which may, without any

consent or permission, be discharged from any trade premises into
municipal drains on any day ;
(xxiii) the regulations of the temperature of trade effluent at the time of

its discharge into municipal drains and the securing of the neutrality
of trade effluent (that is to say that neither acid nor alkaline) at the
time of such discharge ;
(xxiv) the charges to be paid to the Corporation by occupiers of trade

premises for the reception of trade effluent into municipal drains
and disposal thereof ;
(xxv) the provisions and maintenance of such an inspection chamber or

manhole as will enable a person readily to take at any time samples
of what is passing into municipal drains from trade premises ; and
(xxvi) the provisions and maintenance of such meters as may be required

to measure the volume of any trade effluent being discharged from
any trade premises into municipal drains and the testing of such
meters.
C. Bye-laws relating to streets :––
(i) the closure of streets when any work is in progress and alternative
passage during the progress of such work ;
(ii) the erection of a temporary nature during festivals ;
(iii) the setting up of boards on buildings adjacent to streets during

their construction or repair ;
(iv) the precautions to be taken when permission is granted to any private

individual for opening or breaking up any public street and the fees
to be paid for the restoration of a street in its original sanction ;
(v) the permission, regulation or prohibition of use or occupation of

any street or place by itinerant vendors or hawkers or by any person
for the sale of articles or the exercise of any calling or the setting
up of any booth or stall and fees chargeable for such occupation ;
(vi) any other matter in connection with the construction, repair,

maintenance, naming, numbering and lighting of streets for which
provision is necessary or should be made ;
D. Bye-laws relating to building :––
(i) the regulation or restriction of the use of sites for buildings for
different areas ;
(ii) the regulation or restriction of buildings in different areas ;
(iii) the form of notice of erection of any building or execution of any

work and the fee in respect of the same ;
(iv) the plans and documents to be submitted together with such notice
and the information and further information to be furnished ;
(v) the level and width of foundations, level of lowest floor and stability
of structure ;
(vi) the construction of buildings and the materials to be used in the

construction of buildings ;
(vii) the height of buildings whether absolute or relative to the width of

streets or to different areas ;
(viii) the number and height of storeys composing a building and height of
rooms and the dimensions of rooms intended for human habitation ;
(ix) the provision of open spaces, external and internal and adequate
means of light and ventilation ;
(x) the provision of means of egress in case of fire, fire escapes and
water lifting devices ;
(xi) the provisions of secondary means of access for the removal of

house refuse ;
(xii) the materials and methods of construction of external and partly

walls, roofs and floors ;
(xiii) the position, materials and methods of construction of hearths,

smoke escapes, chimneys, staircases, drains and cesspools ;
(xiv) the provisions of lifts ;
(xv) the paving of yards ;
(xvi) the restriction on the use of inflammable materials in buildings ;
(xvii) the restriction on construction of foundation on certain sites ;
(xviii) the measures to be taken to protect buildings from damp arising

from sub-soil ;
(xix) the wells, tanks and cisterns and pumps for the supply of water for
human consumption in connection with buildings ;
(xx) in the case of wells, the dimensions of the well, the manner of
enclosing it and if the well is intended for drinking purposes the
means which shall be used to prevent pollution of the water ;
(xxi) the supervision of buildings ;

(xxii) the setting back of garages and shops from the regular line of a street ;
(xxiii) the construction of portable structure and permission for such

construction.
E. Bye-laws relating to sanitation and public health :—
(i) the position of latrines and urinals ;
(ii) the provision of air spaces between latrines and buildings of places
used for various purposes ;
(iii) the white washing of buildings ;
(iv) the provisions of having accommodation for sweepers in buildings

newly erected requiring ten or more latrines ;
(v) the regulation or prohibition of the stabling or herding of animals

or any class of animals so as to prevent danger to public health ;
(vi) the seizure of ownerless animals straying within the limits of the
municipal area and the regulation and control of pounds ;
(vii) the fixing and regulation of the use of public bathing and washing
places ;
(viii) the prevention of the spread of dangerous diseases ;
(ix) the segregation in or the removal or expulsion from any part of the
municipal area or the destruction of animal suffering or reasonably
suspected to be suffering from any infectious or contagious disease ;
(x) the supervision, regulation, conservation and protection from injury,

contamination or trespass of sources and means of public water
supply and of appliances for the distribution of water ;
(xi) the enforcement of compulsory vaccination and inoculation ;
(xii) the proper disposal of corpses, the regulation and management of

burning and burial places and other places for the disposal of
corpses and the fees chargeable for the use of such places where
the same are provided or maintained at the expense of the
Corporation Fund.
F. Bye-laws relating to public safety and suppression of nuisances :––
The regulation or prohibition for the purpose of sanitation or the prevention

of disease or the promotion of public safety or conveniences of any act
which occasions or is likely to occasion a nuisance and for the regulation
or prohibition of which no provision is made elsewhere by this Act.
G. Bye-laws relating to markets, slaughter houses, trades and occupations :—
(i) the days on, and the hours during which any market or slaughter
house may be kept open for use ;
(ii) the regulation of the design, ventilation and drainage of markets

and slaughter houses and the materials to be used in the construction
thereof ;
(iii) the keeping of markets and slaughter houses and the lands and
buildings appertaining thereto in a clean and sanitary condition,
the removal of filth, rubbish and other polluted and obnoxious
matter therefrom and the supply therein of pure water and of a
sufficient number of latrines and urinals for the use of persons using
or frequenting the same ;
(iv) the manner in which animals shall be admitted in slaughter houses ;
(v) the manner in which animals may be slaughtered ;
(vi) the provision of passage of sufficient width between the stalls in

market buildings and market places for the convenient use of the
public and the prevention of encroachment of such passage ;
(vii) the setting apart of separate areas for different classes of articles
in market buildings and market places ;
(viii) the disposal or destruction of animals offered for slaughter which

are from disease or any other cause, unfit for human consumption ;
(ix) the destruction of carcasses which from any disease or any other
cause are found after slaughter to be unfit for human consumption ;
(x) the regulation of the entry of animal into slaughter house and
bringing out of the carcasses of such animals after slaughter and
the fee to be paid for use of slaughter houses ;
(xi) the proper custody and care of animals for the keeping of which
licences are granted under section 324 ;
(xii) the regulation of the import of animals and flesh within the
municipal area ;
(xiii) the rendering necessity of licences for the use of premises within
the municipal area as stables or cow houses or as an accommodation
for sheep, goat or buffalo and the fees payable for such licences
and the conditions subject to which such licences may be granted,
refused, suspended or revoked ;
*(xiv)the regulation of sarais, hotels, dak bungalows, lodging houses,

boarding houses, buildings, let-in-tenements, residential clubs,
restaurants, eating houses, cafes, refreshment rooms and places of
public ;
(xv) recreation, entertainment or resorts ;
(xvi) the control and supervision of places where dangerous or offensive

trades are carried on so as to secure cleanliness therein or to
minimise injurious offensive or dangerous effects arising or likely
to arise therefrom ;
(xvii)the regulation of the posting of bills and advertisements and of the

position, size, shape or style of the name boards, signboards and
signposts ;
(xviii)the fixation of a method for the sale of articles whether by measure,

weight, piece or any other method ;
(xix) the procedure regarding grant of permit to establish a factory,

workshop or trade premises ;
(xx) the regulation of smoke in factories, workshop and trade premises ;
(xxi) the regulation of sanitary conditions in factories, workshops and

trade premises ;
(xxii)the regulation of the use in any factory, workshop or trade premises

of whistle, trumper, siren or horn worked by steam, compressed
air, electricity, or other mechanical means ;
* (xiv) and (xv) need to be clubbed together. .....(Editor).
(xxiii)the prevention of nuisance in any market building, market place,

slaughter house or any factory or trade premises.
H. Bye-laws relating to improvement :––
(i) the form and contents of an improvement scheme or a rehousing

scheme ;
(ii) the procedure to be followed in connection with the framing,

submission, approval and sanction of such scheme ;
(iii) the local inquiries and other hearings that may be held before a
scheme is framed, approved or sanctioned ;
(iv) the alteration of an improvement scheme or a rehousing scheme

after approval and sanction ;
I. Bye-laws relating to miscellaneous matters :—
(i) the prevention and extinction of fire ;
(ii) the circumstances and the manner in which owners of land or

building in the municipal area temporarily absent therefrom or not
resident therein may be required to appoint as their agents for all
or any of the purposes of this Act or of any bye-laws made
thereunder, persons residing within or near the municipal area ;
(iii) the regulation and control of Corporation dispensaries ;
(iv) the rendering of necessary licences––
(a) for the proprietors or drivers of hackney-carriers, cycle

rickshaws, thelas, the rahries kept or plying for hire or used
for hawking articles ;
(b) for persons working as job porters for the conveyance of

goods ;
(v) the classification of cinema theatres for the purposes of levying

theatre-tax ;
(vi) any other matter which is to be or may be prescribed by bye-laws

made under this Act or in respect of which this Act makes no
provision or makes insufficient provision and provision is, in the

opinion of the Corporation, necessary for the efficient municipal
government of the municipal area.
396. Penalty for breaches of bye-laws. ––(1) Any bye-laws made under
this Act may provide that a contravention thereof shall be punishable—
(a) with fine which may extend to five hundred rupees ; or
(b) with fine which may extend to five hundred rupees and in the case
of continuing contravention, with an additional fine which may
extend to fifty rupees for every day during which such contravention
continues after conviction for the first contravention ; or
(c) with fine which may extend to fifty rupees for every day during
which the contravention continues, after the receipt of a notice from
the Commissioner or any Corporation officer duly authorised in
that behalf by the person contravening the bye-laws requiring such
person to discontinue such contravention.
(2) Any such bye-law may also provide that a person contravening the
same shall be required to remedy, so far as lies in his powers, the mischief, if
any, caused by such contravention.
397. Supplemental provisions respecting bye-laws. ––(1) Any power to

make bye-laws conferred by this Act is conferred subject to the conditions of
the bye-laws being made after previous publication and their not taking effect
until they have been approved by the Government and published in the
Government Gazette.
(2) The Government in approving a bye-law may make any change therein
which appears to it to be necessary.
(3) The Government may, after previous publication of its intention,

cancel any bye-laws which it has approved and thereupon the bye-law shall
cease to have effect.
398. Bye-laws to be available for inspection and purchase. ––(1) A copy

of all bye-laws made under this Act shall be kept at the Corporation office and
shall, during office hours, be open free of charge to inspection by any person
of the municipal area.
(2) Copies of all such bye-laws shall be kept at the Corporation office
and shall be sold to the public at the cost price either singly or in collections at
the option of the purchaser.
CHAPTER XXIII
CONTROL
399. Power of Government to require production of document.–– The

Government or the Director may at any time require the Commissioner––
(a) to provide any record, correspondence, plan or other document in

his possession or under his control ; and
(b) to furnish any return, plan, estimate, statement, account or statistics

relating to the proceedings, duties or works of the Corporation or
any of the Corporation authorities.
400. Inspections.–– The Government may depute any officer to inspect

or examine any municipal department or office or any service or work
undertaken by the Corporation or any of the municipal authorities or any
property belonging to the Corporation and to report thereon and the Corporation
and every Corporation authority and all Corporation officers and other
Corporation employees shall be bound to afford the officer so deputed access
at all reasonable times to the premises and properties of the Corporation and
to all records, accounts and other documents the inspection of which he may
consider necessary to enable him to discharge his duties.
401. Powers to give directions. ––(1) If whether on receipt of any

information or report obtained under section 399 or section 400 or otherwise,
the Government is of the opinion,––
(a) that any duty imposed on the Corporation or any of its authority by
or under this Act, has not been performed or has been performed in
an imperfect, insufficient or unsuitable manner ; or
(b) that adequate financial provision has not been made for the
performance of any such duty,
the Government may direct the Corporation or the Commissioner, within such
period as it thinks fit, to make arrangements to its satisfaction for the proper
performance of duty, or, as the case may be, to make financial provisions to its
satisfaction for the performance of the duty and the Corporation or the
Commissioner concerned shall comply with such directions.
Provided that unless in the opinion of the Government the immediate

execution of such order is necessary, it shall, before making any directions
under this section, give the Corporation or the Commissioner an opportunity
of showing cause why such direction should not be made.
402. Powers to provide for enforcement of direction under section 401.––

If within the period fixed by a direction made under sub-section (1) of section
401, any action the taking of which has been directed under that sub-section,
has not been duly taken, the Government may make arrangements for the taking
of such action and may direct that all expenses connected therewith shall be
defrayed out of the Corporation Fund.
403. Power of revision.–– The Government may at any time, for the
purposes of satisfying itself as to the correctness, legality, propriety or regularity
of any proceeding or order passed by any officer of the Government or the
Commissioner or any officer subordinate to him, call for and examine the record
and may pass such order with reference thereto as it may think fit.
404. Dissolution of Corporation. ––(1) If, in the opinion of the Government,

the Corporation is not competent to perform, or persistently makes default in the
performance of the duties imposed on it by or under this Act or any other law or
exceeds or abuses its powers, the Government may by an order published, together
with a statement of the reasons therefor, in the Government Gazette, declare the
Corporation to be incompetent or in default or to have exceeded or abused its
powers, as the case may be, and dissolve the Corporation :
Provided that before making an order of dissolution as aforesaid,

reasonable opportunity shall be given to the Corporation to be heard and to
show cause why order of dissolution should not be made.
(2) When the Corporation is dissolved by an order under sub-section (1)––
(a) all Councillors, shall on such date as may be specified in the order
vacate their offices without prejudice to their eligibility for election
under clause (d) ;
(b) all powers and duties conferred and imposed upon the Corporation
by or under this Act shall be exercised and performed by such person
or authority as the Government may by notification appoint in this
behalf ; and
(c) all property in possession of Corporation shall be held by the

Government ;
(d) the Government shall reconstitute a Corporation as specified under

sub-section (2) of section 4 and election to reconstitute such
Corporation shall be completed before expiration of a period of
six months from the date of dissolution ; provided that where the
remainder of the period for which the dissolved Corporation would
have continued, is less than six month, it shall not be necessary to
hold any election under this sub-section for reconstituting the
Corporation for such period ;
(e) the Corporation reconstituted upon the dissolution of the existing

Corporation before the expiration of its duration, shall continue
only for the remainder of the period for which the dissolved
Corporation would have continued under section 5 had it not been
so dissolved.
405. Delegation. ––(1) The Government may, by notification, delegate,

all or any of its powers under this Act, except the power to make rules, to
any officer subject to such restrictions and conditions as may be specified in
the notification.
(2) The Commissioner may by order direct that any power conferred or
any duty imposed on him by or under this Act shall, in such circumstances and
under such conditions, if any, as may be specified in the order, be exercised
and performed also by any Corporation officer or other Corporation employee
specified in the order.
406. Validity of notices and other documents.–– No notice, order,

requisition, licence, permission in writing or any other document issued under
this Act shall be invalid merely by reason of defect of form.
407. Admissibility of document or entry as evidence.–– A copy of any

receipt, application, plan, notice, order or other document or of any entry in a
register in the possession of any municipal authority shall, if duly certified by
the legal keeper thereof or other person authorised by the Commissioner in
this behalf, be admissible in evidence of the existence of the document or
entry and shall be admitted as evidence of the matters and transaction therein
recorded in every case where, and to the same extent to which, the original
document or entry would, if produced, have been admissible to prove such
matters and transactions.
408. Evidence of Corporation officer or employee.–– No Corporation

officer or other Corporation employee shall, in any legal proceedings to which
the Corporation is not a party, be required to produce any register or document
the contents of which can be proved under section 410 by a certified copy, or
to appear, as a witness to prove any matter or transaction recorded therein
save by order of the court made for special cause.
409. Prohibition against obstruction of Mayor or any Corporation

authority.–– No person shall obstruct the Corporation or the Commissioner,
the Mayor or any of the Deputy Mayors, any councillor or any person employed
in the Corporation or any person with whom the Commissioner has entered
into a contract on behalf of the Corporation in the performance of his duty or
of anything which they are empowered or required to do by virtue or in
consequence of any provision of this Act or any rule, regulation or bye-law
made thereunder.
410. Prohibition against removal of mark.–– No person shall remove

any mark set up for the purpose of indicating any level or direction incidental
to the execution of any work authorised by this Act or of any rule or bye-law
made thereunder.
411. Prohibition against removal or obliteration of notice.–– No person

shall, without authority in that behalf, remove, destroy, deface or otherwise
obliterate any notice exhibited by or under orders of the Corporation or any
other Corporation authority or any Corporation officer or other Corporation
employee specified by the Commissioner in this behalf.
412. Prohibition against unauthorised removal of deposit, etc.–– No

person shall, without authority in that behalf, remove earth, sand or other
material or deposit any matter or make any encroachment in or on any land
vested in the Corporation or in any way obstruct the same.
413. Liability of Councillors. ––(1) Every Councillor shall be liable for

the loss, waste or misapplication of any money or other property belonging to
the Corporation, if such loss, waste or misapplication is reported either by the
Audit Agency or otherwise comes to the notice of the Corporation to be direct
consequence of his neglect or misconduct in the performance of his duties as
a Councillor ; and he may after being given an opportunity, by notice served in
the manner provided for the service of summons in the Code of Civil Procedure,
Samvat 1977 to show cause by written or oral representation why he should
not be required to make good the loss, 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 shall proceed forthwith to recover the amount as if it were
an arrear of land revenue, and have it credited to the Corporation Fund.
(2) The person against whom an order under sub-section (1) is made by
the Director may within thirty days of the date of communication of the order
make an appeal to the Government :
Provided that no person shall under this section be called upon to

show cause after the expiry of a period of five years from the occurrence of
such loss, waste or misapplication or after the expiry of two years from the
time of his ceasing to be a Councillor.
414. Councillors and Corporation officers and employees to be public

servants.–– Every councillor, the Commissioner and every Corporation officer
and other Corporation employees, shall be deemed to be a public servant
within the meaning of section 21 of the Jammu and Kashmir State Ranbir Penal
Code, 1989.
415. Annual Administration Report. ––(l) As soon as may be after 1st

day of April, in every year and not later than such date as may be fixed by the
Government in this behalf, the Corporation shall submit to the Government a
detailed report of its activities during the preceding years on such forms as the
Government may direct.
(2) The Commissioner shall prepare such report and the Corporation
shall consider it and forward the same to the Government with its resolution
thereon, if any.
(3) Copies of the report shall be kept for sale at the Corporation office.
416. Construction of reference.–– Save as expressly provided in this

Act and unless the context otherwise requires, after the establishment of the
Corporation, any reference in any enactment, rule, bye-laws, order, scheme,
notification or other instrument having the force of law, to any local authority
having jurisdiction in the municipal area or any part thereof shall, unless the
context or subject otherwise requires, be construed as reference to the
Corporation.
417. Special provision as to rural areas.–– Notwithstanding anything

contained in the foregoing provisions in this Act––
(a) the Corporation, with previous approval of the Government, may,

by notification in the Government Gazette, declare that any portion
of the rural areas shall cease to be included therein and upon the
issue of such notification that portion shall be included in and form
part of the urban areas ;
(b) the Corporation, with previous approval of the Government, may,

by notification in the Government Gazette––
(i) exempt the rural areas or any portion thereof from such of
the provisions of this Act as it deems fit ; and
(ii) levy taxes, rates, fees and other charges in the rural areas or
any portion thereof at rates lower than those at which such
tax, rate, fee or other charges are levied in the urban areas, or
exempt such areas or portion from any such tax, rate, fee or
other charge.
418. Power to suspend any resolution or order of Corporation.–– If the

Government is of the opinion that the execution of any resolution or order of the
Corporation or of any other Corporation authority or employee subordinate thereto
or the doing of any act which is about to be done or is being done by or in excess
of powers conferred by this Act or any other law for the time being in force or is
likely to lead breach of the peace or cause injury and/or annoyance to the public or
any class or body of persons, the Government may, by order in writing, suspend
the execution of such resolution or order, or prohibit the doing of any such act.
419. Power of Government to modify proceedings.–– The Government

may by written order modify, annul or omit from the records any proceedings
of the Corporation which it considers not to be in conformity with this Act or
any rules or bye-laws made thereunder and may do all things necessary to
secure such conformity :
Provided that unless in the opinion of the Government the immediate

making of such order is necessary it shall before making an order under this
section, give the Corporation an opportunity of showing cause why such an
order should not be made.
420. Powers of Government to withdraw any area of Municipal area, from

operation of Act. ––(1) The Government may, by notification, withdraw from
the operation of this Act, any area of a municipal area of the Corporation :
Provided that no such notification shall be issued unless the same has
been published for inviting objections and suggestions, if any, which have
been duly considered to.
(2) When a notification is issued under this section in relation to any

municipal area, this Act, all notifications, rules, regulations, bye-laws, orders,
directions and powers issued, made or conferred under this Act shall cease to
apply to the said area.
421. District Planning and Developmental Board. ––(1) The Corporation

shall prepare every year a development plan for its area and submit it to the
District Planning and Developmental Board.
(2) The District Planning and Developmental Board shall consolidate

the Development plans prepared and submitted to it by the Corporation under
sub-section (1) and prepare a draft development plan for the district as a whole.
(3) The persons to represent the municipalities in the District Planning

and Developmental Board, under relevant section 45 of the Jammu and Kashmir
Panchayati Raj Act, 1989 shall be chosen by the elected members of the
municipalities in the District in the prescribed manner from amongst themselves.
(4) Every District Planning and Developmental Board shall in preparing

the draft development plan––
(a) have regard to :––
(i) matters of common interest between the municipalities and

Panchayats including spatial planning, sharing of water and other
physical and natural resources, the integrated development of
infrastructure and environmental conservation ;
(ii) the extent and type of available source whether financial or

otherwise ;
(b) consult such institutions and organisations as the State Government

may specify.
(5) The Chairperson of every District Planning and Developmental Board

shall forward the development plan, as recommended by such Committee, to
the Government.
422. Transitional provisions.–– In any enactment other than the Jammu

and Kashmir Municipal Act, 2000 in force on the date immediately preceding
the appointed day on which notification is published under sub-section (2) of
section 3 of this Act or in any rule, order or notification made or issued
thereunder and in force on such date, unless a different intention appears––
(a) reference to municipalities, Municipal Council and Municipal

Committees constituted under the Jammu and Kashmir Municipal
Act, 2000 shall be construed as reference to the Corporation and
such enactment, rule, order or notification shall apply to the
Corporation ;
(b) reference to the President or the Vice-President of a municipality

constituted under the Jammu and Kashmir Municipal Act, 2000
shall be constructed in respect of the municipal area as reference
to the Commissioner appointed under this Act ;
(c) reference to the members of a municipality constituted under the

Jammu and Kashmir Municipal Act, 2000 shall in respect of the
Corporation be construed as reference to the Councillor of the
Corporation constituted under this Act ;
(d) references to any Chapter or section of the Jammu and Kashmir

Municipal Act, 2000 shall, as far as possible, be construed in respect
of the municipal area as reference to this Act or its corresponding
Chapter or section.
423. Provisions regarding officers and employees. ––(1) When any

municipality including area comprising rural area or a part thereof, if any, is
declared and constituted a Corporation under sections 3 and 4 of this Act, the
entire officers and employees serving in municipality including area comprising
rural area or a part thereof, if any, on a post shall be deemed to be transferred
to the Corporation on the existing terms of service and integrated into the
corresponding municipal service.
(2) The Corporation may recruit additional staff where necessary subject
to the conditions as may be laid down by the Government.
(3) In making appointment to any post referred to in this section, the

appointing authority shall follow the instructions issued by the Government
from time to time in relation to reservation of appointment or post for Scheduled
Castes, Scheduled Tribes, Backward Classes and other category of persons.
424. Assets, liabilities, debts, obligation, contracts and pending

proceedings. ––(1) All assets and properties vesting in, all debts, liabilities
and obligations incurred by and all contracts made by, or on behalf of the
municipality including area comprising rural area or a part thereof, if any,
declared and constituted to be a Corporation under sections 3 and 4 of this
Act, be deemed to have been vested in, to have been incurred and made by the
Corporation and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said municipality
including area comprising rural or a part thereof, if any, on the day the
Corporation was constituted under the provisions of this Act, are required to
be instituted before or undertaken by the Commissioner, shall be transferred
to and continued by such authority before or by whom they have to be instituted
or undertaken under the provisions of this Act.
(3) All appeals pending before any authority of the said municipality
including area comprising rural area or a part thereof, if any, on the day the
Corporation was constituted, shall in so far as may be practicable, be disposed
of as if the same were pending before the said authority after the declaration
and constitution of the Corporation.
(4) All prosecutions instituted by or on behalf of the said municipality

including area comprising rural area or a part thereof, if any, and all suits and
legal proceedings instituted by or against the said municipality including area
comprising rural area or a part thereof, if any, pending on the day the
Corporation was constituted, shall be deemed to have been instituted by or
against the Commissioner.
425. Provision for municipality or local authority which is superseded.––

Any reference in the foregoing sections to municipalities or a local authority
shall, in case such municipality or a local authority has been superseded or
placed under the charge of an administrator under any enactment made for
that purpose be deemed to be a reference to the person or persons appointed to
exercise the powers or to perform the functions of such municipality or local
authority under any law relating to such municipality or the Municipal
Corporation or local authority.
426. Power to enquire and make report about misconduct of certain

officer or official. ––(1) On a complaint being made to the Corporation by any
Councillor that an officer or official of the Corporation or any other class of
Government officer or official discharging any duties in relation to the functions
of the Corporation, to which the Government may, by notification, extend the
provisions of this section has misconducted himself in his official capacity,
the Corporation may enquire into the matter and submit a report alongwith the
prima facie evidence to the superior officer whom it may concern and the said
officer shall, after such further enquiry as may be required, take suitable action
under intimation to the Corporation and the Government.
(2) On the report being made by any Councillor that an officer or official
of the municipality or any other class of Government officers or officials
discharging any duties in relation to the functions of the Corporation, to which
the Government may, by notification extend the provisions of this section, has
failed to perform any duty imposed upon him by any law or rules, the
Corporation may, by notice fixing a reasonable period, require him to perform
the duty and, on his failure to do so, shall report the matter to the superior
officer whom it may concern, and the said officer shall, after such enquiry as
may be required, take suitable action under intimation to the Corporation and
the Government.
427. Power to remove difficulties.–– If any difficulty arises in giving

effect to the provisions of this Act or by reasons of anything contained in this
Act to any other enactment for the time being in force, the Government may,
as occasion requires, by order direct that this Act shall during such period as
may be specified in the order but not extending beyond the expiry of two years
from the commencement orders have effect subject to such adaptations whether
by way of modification, addition or omissions as it may deem to be necessary
and expedient.
428. Repeal of Act No. VIII, Samvat 2008. ––(1) On and from the date of
commencement of this Act, the Jammu and Kashmir Municipal Act, Samvat
2008 shall stand repealed (hereinafter referred to as the repealed Act) :
Provided that the repeal shall not effect :—
(a) the previous operation of the repealed Act, or anything duly done
or suffered thereunder ; or
(b) any penalty, forfeiture or punishment incurred in respect of any

offence committed against the repealed Act ; or
(c) any investigation, legal proceeding or remedy in respect of any

such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid and any such investigation, legal
proceeding or remedy may be instituted, continued or enforced,
and any such penalty, forfeiture or punishment may be imposed as
if this Act has not been enforced :
Provided further that anything done or any action taken (including any
appointment, or delegation made, notification, notice, order, instruction or
direction issued, rule, regulation, bye-law, form or scheme framed, certificate
obtained, permit or licence granted, registration affected, tax imposed or fee
or rate levied), under the repealed Act shall, in so far as it is in force immediately
before the commencement of this Act and is not inconsistent with the provisions
of this Act, be deemed to have been done or taken under the corresponding
provisions of this Act and shall continue to be in force accordingly, unless and
until superseded by anything done or any action taken under this Act.
FIRST SCHEDULE
(See section 324)
PART–I
PURPOSES TO WHICH PREMISES MAY NOT BE USED WITHOUT

A LICENCE
1. Banking.
2. Cinematograph films, shooting of.
3. Cinematography film by any process whatsoever, treating of.
4. Chillies or masala or corn or seeds, grinding by mechanical means.
5. Cloth, yarn or leather in indigo or in other colours, dyeing or printing of.
6. Cloth or yarn bleaching.
7. Keeping of an eating house or catering establishment.
8. Grain, parching.
9. Ground nut seeds, tamarind seeds or any other seeds, parching.
10. Hair dressing saloon or a barber’s shop.
11. Hides or skins, whether raw or dried, tanning, pressing or packing.
12. Keeping a laundry shop.
13. Leather goods, manufacturing or by mechanical means.
14. Keeping of a litho press.

15. Keeping of a lodging house.
16. Metal casting.
17. Precious metals, refining of or recovering of them from embroideries.
18. Keeping of a printing press.
19. Keeping a sweetmeat shop excepting the premises already licensed as an

eating house.
20. Keeping a tailoring shop.
21. Carrying on the trade or business of or any operation connected with the
trade of :—
(i) Autocar or autocycle servicing or repairing.
(ii) Blacksmithy.
(iii) Coppersmithy.
(iv) Electroplating.
(v) Glass bevelling.
(vi) Glass cutting.
(vii) Glass polishing.
(viii) Goldsmithy.
(ix) Marble cutting, grinding, dressing or polishing.
(x) Metal (ferrous or non-ferrous or antimony but excluding precious

metal) cutting or treating metal by harmoring, drilling, pressing,
filling, polishing, heating or by any other process whatsoever or
assembling parts of metal.
(xi) Photography studio.
(xii) Radio (wireless receiving set) selling, repairing, servicing or

manufacturing.
(xiii) Silversmithy.
(xiv) Spinning or weaving cotton silk, art silk, or jute or wool with the
aid of power.
(xv) Stone grinding, cutting, dressing or polishing.
(xvi) Timber or wood sawing or cutting, by mechanical or electric power.
(xvii)Tinsmith.
(xviii) Washerman’s trade.
(xix) Welding of metal by electric, gas or any process whatsoever.
22. Manufacturing, parching, packing, pressing, cleaning, cleansing, boiling,

moulting, grinding or preparing by any process whatever any of the
following articles :—
(i) aerated waters.
(ii) Bakelite goods.
(iii) Beedies (indigenous cigarettes), snuff, cigars or cigarettes.
(iv) Bitumen.
(v) Blasting powder.
(vi) Bones.
(vii) Bricks or tiles by hand power.
(viii) Bricks or tiles by mechanical power.
(ix) Brushes.
(x) Candles.
(xi) Catgut.
(xii) Celluloid or celluloid goods.
(xiii) Cement concrete designs or models.

(xiv) Charcoal.
(xv) Chemicals.
(xvi) Cinematograph films stripping in connection with any trade.
(xvii)Cosmetics or toilet goods.
(xviii)Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yarn,
silk inclusive of waste yarn, art silk, art silk waste, art silk yarn,
wool or woollen refuse or wastes.
(xix) Cotton seeds.
(xx) Dammar.
(xxi) Dynamite.
(xxii)Fat.
(xxiii) Fireworks.
(xiv) Flax.
(xxv) Ink for printing, writing, stamping etc.
(xxvi)Gas.
(xxvii) Ghee.
(xviii)Glass or glass articles.
(xxix)Gunpowder.
(xxx) Hemp.
(xxxi) Ice (including dry ice).
(xxxii) Insecticide or disinfectants.
(xxxiii) Leather, cloth or rexin cloth or water proof cloth.
(xxxiv) Lime.
(xxxv) Linseed oil.

(xxxvi) Matches for lighting (including Bengal matches).
(xxxvii) Mattress and pillows.
(xxxviii) Offal.
(xxxix) Oil-cloth.
(xl) Oil other than petroleum by hand power or animal.
(xli) Pharmaceutical or medical products.
(xlii) Rubber of rubber goods.
(xliii) Paints.
(xliv) Paper or cardboard.
(xlv) Pickers from hides.
(xlvi) Pitch.
(xlvii) Plastic goods.
(xlviii) Pottery by hand power.
(xlix) Pottery by mechanical or any power other than hand power.
(l) Sanitary-ware or China-ware.
(li) Soap.
(lii) Sugar.
(Iiii) Sweetmeat and confectionery goods.
(liv) Tallow.
(lv) Tar.
(Ivi) Varnishes.
(Ivii) Wooden furniture, boxes, barrels, khokhas or other articles of wood

or of plywood or of sandal wood.
PART–II
ARTICLE WHICH MAY NOT BE STORED IN ANY PREMISES

WITHOUT A LICENCE
1. Asafootida.
2. Ashes.
3. Bamboos.
4. Bidi or Bidi Leaves.
5. Blasting powder.
6. Blood.
7. Bones, bone meal or bone powder.
8. Camphor.
9. Carbide of calcium.
10. Card board.
11. Celluloid or celluloid goods.
12. Cement.
13. Charcoal.
14. Chemical Liquid.
15. Chemicals, non-liquid.
16. Chillies.
17. Chlorate mixture.
18. Cinematograph films-non-inflammable or acetate or safety base.
19. Cloth in pressed bales or boras.
20. Cloth or clothes of cotton, wool, silk, art silk etc.

21. Coal.
22. Coconut fibre.
23. Coke.
24. Compound gas, such as oxygen gas, nitrogen gas, carbon dioxide, chlorine
gas, acetyalom gas, etc.
25. Copra.
26. Cosmetics and toilet needs.
27. Cotton including kapok surgical cotton and silky cotton.
28. Cotton refuse or waste or cotton yarn, refuse or waste.
29. Cotton seed.
30. Detonators.
31. Dry leaves.
32. Dynamites.
33. Explosive paint such as nitrocellulose paint, lacquer paint, enamel paint etc.
34. Fat.
35. Felt.
36. Fins.
37. Firewood.
38. Fire-works.
39. Fish (dried).
40. Flax.
41. Fulminate.
42. Fulminate of mercury.

43. Fulminate of silver.
44. Golatino.
45. Gelignite.
46. Grass.
47. Gun-powder.
48. Gun-cotton.
49. Gunny bags.
50. Hair.
51. Hemp.
52. Hay or fodder.
53. Hessian cloth (gunny bag cloth).
54. Hides (dried).
55. Hides (raw).
56. Hoofs.
57. Horns.
58. Incense or esas.
59. Jute.
60. Khokhas, boxes, barrels, furniture, or any other article of wood.
61. Lacquer.
62. Leather, leather cloth, raxin cloth and water proof cloth.
63. Matches for lighting (including Bengal matches).
64. Methylated spirit, denatured spirit or French polish.

65. Nitro-cellulose.
66. Nitro-compound.
67. Nitro-glycerine.
68. Nitro-mixture.
69. Offal.
70. Oil, other than petroleum.
71. Oil seeds including almonds, but excluding cotton seeds.
72. Old paper or waste paper including old newspaper, periodicals, magazines.
73. Packing stuff (paper cutting).
74. Paints.
75. Paper other than old paper in pressed bales or loose or in reams.
76. Petroleum, other than dangerous petroleum as defined in the Petroleum

Act, 1934.
77. Phosphorous.
78. Pharmaceutical or medical goods.
79. Photostat, cyclostyling, typing and printing machines.
80. Plastic or plastic goods.
81. Plywood.
82. Rags, including small pieces or cutting of cloth, hessian cloth, gunny
bag cloth, silk, art silk or woollen cloth.
83. Resin or dammar Batter otherwise known as Ral.
84. Rubber and rubber goods.
85. Safety fuses, fog signals, cartridges etc.

86. Saltpetre.
87. Sandal wood.
88. Sanitary-ware, hardware and other articles made of iron, iron sheets,
pipes, iron angles and GI pipes.
89. Shoes including leather, PVC, Canvas, rubber and plastic shoes.
90. Silk waste or silk yarn waste, art silk waste or art silk yarn waste.
91. Sisal fibre.
92. Skins (raw or dried).
93. Straw.
94. Sulphur.
95. Tallow.
96. Tar, ditch, dammar or bitumen.
97. Tarphlin.
98. Thinner.
99. Timber.
100. Turpentine, utensils, crockery, China and earthen-ware, aluminium ware,

stainless steel and iron goods.
101. Varnish.
102. Wool (raw).
103. Yarn other than waste yarn.
–––––––
*SECOND SCHEDULE
* Second Schedule is missing in the Original Act as enacted by the State Legislature.

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Municipal Corporation Act, 2000

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MUNICIPAL CORPORATION

(Act No. XXI of 2000)

PRELIMINARY 15. Relief that may be claimed by the

CONSTITUTION OF 18. Decision of prescribed authority.

34-E. Bar of Jurisdiction. 48. Leave etc. to Commissioner.

35. Payment of allowances to 49. Contribution by Corporation.

55. Notice of Meetings and business. CHAPTER VII

56. Quorum. REVENUE AND EXPENDITURE

83-C. Incentives to developers. 96. Amendment of assessment list.

83-D. Non-residential development. 97. Preparation of new assessment list.

83-E. Utilization of shelter fee. 98. Notice of transfers.

TAXES AND FEES 100. Notice of demolition or removal

126. Demolition etc. of building. 143. Powers of Government in regard

152. Attachment of Corporation Fund WATER SUPPLY, DRAINAGE

PROPERTIES AND CONTRACTS 169. Functions in relation to water

177. Power to lay mains. 193. Use of drain by a person other

208. Vesting of public streets in 222. Owner’s obligation when dealing

209. Functions of Commissioner in 223. Layout plans.

213. Power to prohibit use of public 227. Prohibition of projection upon

216. Setting back building to regular 230. Prohibition of structures, fixtures

232. Power to remove anything 247. When building or work may be

BUILDING REGULATIONS 256. Power of Commissioner to require

244. Applications for additions to, or 259. Power to order building to be

245. Condition of valid notice. 260. Building Scheme.

PUBLIC SAFETY AND 314. Use of municipal markets.

303. Power of Commissioner to require 316. Conditions of grant of license for

330. Power of Commissionerto stop 341. Meeting of Tree Authority.

359. Breaking into building. 377. Mode of receiving certain dues.

385. Offences by Companies. 400. Inspection.

394. Supplemental provisions respecting 410. Prohibition against removal of

414. Councillors and Corporation

415. Annual Administration Report.

416. Construction of reference.

417. Special provisions as to rural areas.

418. Power to suspend any resolution

419. Power of Government to modify

420. Power of Government to withdraw

421. District Planning and

422. Transitional provisions.

423. Provisions regarding officers and

424. Assets, liabilities, debts, obligations,

425. Provision for municipality or local

426. Power to enquire and make report

THE JAMMU AND KASHMIR MUNICIPAL

(Act No. XXI of 2000)

[Received the assent of the Governor on 14th November, 2000 and

An Act to amend and consolidate the law relating to the establishment of

Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-

Provided that different dates may be appointed for different provisions

2. Definitions.–– In this Act, unless the context otherwise requires:––

(1) “backward classes” means such classes of citizens other than

(2) “budget-grant” means the total sum entered on the expenditure

(3) “building” means a shop, house, out-house, stable, latrine, urinal,

(4) “bye-laws” means a bye-law made under this Act, by notification

(5) “Casual vacancy” means a vacancy occurring otherwise than by

(7) “Commissioner” means the Commissioner of the Corporation

(8) “Corporation” means the Municipal Corporation declared and

(9) “Corrupt practice” means any of the practices specified in section 21 ;