LLB.

3rd Semester; SCHOOL OF LAW UNIVERSITY

OF KASHMIR

Email:[email protected]

LOCAL LAWS-III

Unit-II:

Jammu & Kashmir Municipal Corporation Act, 2000

Municipal Corporation & Functions of the Corporation

Municipal Corporation
The Municipal Corporation in India is the highest form of municipal
government designed for the administration of civil affairs of the cities
in the country. Municipal Corporation is the top and highest form of
urban local government as it enjoys comparatively more powers and
autonomy in day to day administration.
According to American Encyclopedia, ‘Municipal Corporation’ is a legal
institution formed by the sovereign power creating a popular community

1
of prescribed area and continues succession and for the purpose and with
authority of subordinate self-government for improvement and
administration of the affairs of the area.
The essential attributes of a local government are, firstly, its statutory
status; secondly, its power to raise finance by taxation in the area under
it's jurisdiction; thirdly, participation of the local community in decision
making in specified subjects and their administration; & fourthly, the
freedom to act independently of central control.

The following criteria may be considered sufficient for setting up a

Municipal Corporation for the city:
• Existence of thickly populated area.
• Need for the development of the municipality and scope for its future
development.
• Financial position of the municipality- present and prospective.
• Ability and willingness of the people to bear the burden of increasing
taxation.
The state is the sole judge to decide as to which city should be converted
into a corporation, towns and after looking into public opinion in favour
of a municipal corporation. The State Government retains powers of
control and supervision including even the power to dismiss the council
and take over the administration. The 74th Amendment Act provide that
the area for different types of urban bodies would be specified by the
Governor of the State, taking into account the population, density of the

2
population, revenue generated by the local body. It is created by an act
of the State legislature or of the parliament in case of union territory.
Subject to the limit contained in either, the constitutions or the statute,
the state government has almost unlimited authority to create such legal
entities. The State Government exercises the powers for determining the
area, size of its council, responsibilities and powers, term of office,
financial resources and can also dissolve it in case of consistent default
in the performance of its duties.
Municipal Corporation is a protective bordered political organization
having a population and works for its welfare.
The right of local autonomy is not regarded as an absolute right. Purpose
of autonomy is that it will be more suitable for the local authority to
handle the matters of specific/local concern. Municipal Corporation can
make rules and regulation for day-to-day work.
For carrying out its work the expenditure is contributed by the people of
the area through taxes and fees, in addition to the grant-in-aid by the
state government.

Jammu & Kashmir Municipal Corporation Act, 2000

Municipal corporation

J&K Municipal corporation act was amended in the year 2016, which
later on was repealed by JK Municipal Corporation (Ammendment) Act,
2018. This Act of 2000 is still in force in the UT of J&K.
3
According to Section 2(8) of J&K Muncipal Corp. Act, 2000;
“Corporation” means the Municipal Corporation declared and
constituted under section 3 and 4 of this Act.
Section 2(29) “Municipal Area” means the territorial area of the
Corporation declared under section 3 of this Act.
Section 3 deals with ‘Declaration of Municipal Corporation area as
Corporation’. Subsection 2 of section 3 lays down that ‘the Government
may, from time to time, by an 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.’
Section 4 lays down that ‘the Corporation shall be a body corporate
having perpetual succession and common seal with power subject to the
provisions of this Act, to acquire, hold and dispose of property and may
by the said name sue and be sued’.
Municipal area shall by a notification, be divided into territorial
constituencies to be known as wards.

Functions of the Corporation

Section 41: General powers of Corporations:

(1) Subject to the provisions of this Act and the rules, regulations and
bye-laws made thereunder, the Municipal area shall vest in the
Corporation.

4
(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.

Section 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 respect of the following
matters, namely:---
(i) regulation 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;
5
(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 birth 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 function vested in it under various
provisions of this Act, rules, bye-laws made there under.

Section 43: Obligatory functions of the Corporation

It shall 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:---
6
(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 provision
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 of 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;

7
(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 the local
authority in the Municipal area immediately before the 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 fulfillment of any other obligation imposed by or under this Act
or any entrusted to the management of the Corporation;
(t) planting and care of trees on road side etc.; and
(u) survey of buildings and lands.

Section 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;
8
(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 entertainment’s in public places or
places of public resort and the establishment of theatres and cinemas;
(f) the organization 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 class of them for
construction of houses and purchase of vehicles;
(j) the organization of management of chemical or bacteriological
laboratories for the examination or analysis of water, food and drugs for

9
the detection of diseases or research connected with the public health or
medical relief;
(k) the provision for relief of destitute and disabled persons;
(l) public vaccination and inoculation;
(m) the organization, construction, maintenance and management of
swimming pools, public wash houses, bathing place and other institution
designed for the improvement of public health;
(n) the organization and management of farms and dairies within or
outside the Municipal area for the supply, distribution and procession of
milk and milk products for the benefits of the residents of the Municipal
area;
(o) the organization and management of cottage industries, handicraft
centers and sales emporium;
(p) the construction and maintenance of warehouses and godowns;
(q) the construction and maintenance of garages, sheds and stands for
vehicles 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;

10
(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.

Appointment and Functions of Commissioner

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 years in the first instance:
Provided that his appointment may be renewed for a term not exceeding
three years:
Provided further that no officer who has attained the age 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:

11
(b) may in the public interest recall the Commissioner at any time during
the term of his appointment.
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 specially
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 serve;
(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;

12
(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.

13