The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

MUNICIPAL CORPORATION
ACT, 2000
(Act No. XXI of 2000)
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION OF CORPORATION
3. Declaration of Municipal area as Corporation.
4. Incorporation and constitution of Corporation.
5. Duration of the Corporation.
6. Delimitation of wards.
7. Qualifications for Councillors.
8. Disqualification of Councillor.
9. Election to the Corporation.
10. Reservation of seats.
10-A. Reservation of seats for certain categories.
11. Right to V ote.
12. Filling of casual vacancies.
13. Publication of results of elections.
14. Election petition.
15. Relief that may be claimed by the petitioner.
16. Grounds for declaring election to be void.
17. Procedure to be followed by the prescribed authority.
THE JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000
(Act No. XXI of 2000)
CONTENTS
Section
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18. Decision of prescribed authority.
19. Procedure in case of equality of votes.
20. Finality of decision.
21. Corrupt practices.
22. Maintenance of secrecy of voting.
23. Officers etc. at elections not to act for candidates or to influence voting.
24. Prohibition of canvassing in or near polling station and of public meeting
on election day.
25. Penalty for disorderly conduct in or near polling station.
26. Penalty for misconduct at the polling station.
27. Breaches of official duty in connection with election.
28. Removal of ballot papers from Polling Station to be an offence.
29. Offence of booth capturing.
30. Other offence and penalties.
31. Power to make rules regulating the election of Councillors.
32. Bar to interference by Courts in electoral matters.
33. Oath of affirmation by Councillor.
34. Removal of or resignation by Councillors.
34-A. Disqualification on ground of defection.
34-BB.Disqualification on the ground of defection not to apply in case of split.
34-B. Disqualification on ground of defection not to apply in case of merger.
34-C. Decision on question as to disqualification on ground of defection.
34-D. Appeals.
34-E. Bar of Jurisdiction.
35. Payment of allowances to Councillors.
36. Annual election of Mayor, Deputy Mayor and their term of office.
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37. Motion of No-confidence against Mayor or Deputy Mayor.
38. Discharge of functions of the Mayor by Deputy Mayor.
39. Resignation of Mayor and Deputy Mayor.
39A. Constitution of Ward Committees.
39B. Constitution of Area Sabha.
40. Standing Committees.
CHAPTER III
FUNCTIONS OF THE CORPORATION
41. General Powers of Corporations.
42. Functions of Corporations to be entrusted by Government.
43. Obligatory functions of the Corporation.
44. Discretionary functions of the Corporation.
CHAPTER IV
MUNICIP AL  AUTHORITIES UNDER THE CORPORATION
45. Appointment of Commissioner.
46. Appointment of Joint/Assistant Commissioner and certain other officers.
47. Salary and allowances of Commissioners.
48. Leave etc. to Commissioner.
49. Contribution by Corporation.
50. Function of the Commissioner.
51. Power of the Corporation to require Commissioner to produce documents
and furnish returns, reports etc.
52. Exercise of power to be subject to sanction.
CHAPTER V
TRANSACTION OF BUSINESS BY THE CORPORATION
53. Meetings.
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54. First Meeting of the Corporation after general elections for election of Mayor.
55. Notice of Meetings and business.
56. Quorum.
57. Presiding Officer.
58. Method of deciding question.
59. Maintenance of order at and admission of public to meetings.
60. Councillor not to vote on matter in which he is interested.
61. Right to attend meetings of Corporation and its Committees etc. and right of
Councillor to ask the questions.
62. Power to make regulations.
63. Keeping of minutes and proceedings.
64. Circulation of minutes and inspection of minutes and reports of proceedings.
65. Forwarding minutes and reports of proceedings to Government.
66. Validation of proceedings etc.
CHAPTER VI
CORPORATION OFFICERS AND OTHER CORPORATION EMPLOYEES
67. Posts in Corporation and appointments thereto.
67A. Staff.
68. Officers and other employees not to be interested in any contract etc. with
Corporation.
CHAPTER VII
REVENUE AND EXPENDITURE
69. Constitution of Corporation Fund.
69-A. Constitution of Basic Services Fund.
70. Corporation Fund to be kept in Jammu and Kashmir Bank or in a Scheduled
Bank in a Government Treasury.
71. Operation of accounts with banks.
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72. Payment not to be made unless covered by a budget grant.
73. Duty of persons signing Cheques.
74. Procedure when money not covered by a budget grant is expended.
75. Application of Corporation Fund.
76. Payments from Corporation Fund for works urgently required for public
service.
77. Investment of surplus money.
78. Constitution of special funds.
79. Finance Commission.
80. Budget Estimates.
81. Power of Corporation to alter budget estimates.
82. Power of Corporation to readjust income and expenditure during the year.
83. Provisions as to unexpended budget grant.
83-A. Reservation of land for housing to economically weaker sections and low
income groups.
83-B. Identification of eligible persons and determination of cost of land or houses.
83-C. Incentives to developers.
83-D. Non-residential development.
83-E. Utilization of shelter fee.
CHAPTER VIII
TAXES AND FEES
84. Taxes,  etc.  to  be  imposed  by  Corporation  under  this  Act  and arrangement
of certain taxes collected by Government.
85. Fees that may be charged by the Corporation.
86. Description and class of property tax.
87. Omitted.
88. Determination of taxable annual value.
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89. Taxation of Union properties.
90. Incidence of taxes on lands and buildings.
91. Omitted.
92. Omitted.
93. Omitted.
94. Omitted.
95. Evidentiary value of assessment list and unit area value.
96. Omitted.
97. Omitted.
98. Notice of transfers.
99. Notice of erection of building etc.
100. Notice of demolition or removal of building.
101. Power of Commissioner to call for information.
102. Premises owned by or let to, two or more persons in severalty to be ordinarily
assessed as one property.
103. Assessment in case of amalga-mation of premises.
104. Power  of  Commissioner  to  assess  separately  out  houses  and portion of
building.
105. Powers of Commissioner to employ valuers.
106. Recovery of tolls or taxes.
107. Tax on vehicles and animals.
108. Tax on whom leviable.
109. Exemption from taxes on vehicles and animals.
110. Levy of development tax.
111. Amount of development tax.
112. Payment of development tax.
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113. Notice on completion of scheme.
114. Assessment of development tax.
115. Tax on advertisements.
116. Prohibition   of   advertisement   without   written   permission   of Commissioner.
117. Permission of Commissioner to become void in certain cases.
118. Presumption in case of contravention.
119. Power of Commissioner in case of contravention.
120. Fee on building applications.
121. Time and manner of payment of taxes or fees.
122. Presentation of bill of tax or fee.
123. Consequences of the failure to pay tax or fee within thirty days.
124. Manner of  recovering tax or fee.
125. Power of seizure of vehicles and animals in case of non-payment of tax
thereon.
126. Demolition etc. of building.
127. Omitted.
128. Omitted.
129. Omitted.
130. Omitted.
131. Omitted.
132. Appeal.
133. Limitation for appeal.
134. Finality of appellate orders.
135. Taxation not to be questioned except under this Act.
136. Power to inspect for the purposes of determining the taxable annual value of
tax or fee.
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137. Composition.
138. Irrecoverable debts.
139. Obligation to disclose liability.
140. Power to amend list in certain cases.
141. lmmaterial error not to affect liability.
142. Powers of exemption.
143. Powers of Government in regard to taxes.
143A.Powers of Government to make interim arrangements with regard to
assessment and collection of taxes and fees.
CHAPTER IX
BORROWING
144. Power of Corporation to borrow.
145. Time for repayment of money borrowed under section 144.
146. Form and effect of debentures.
147. Receipt by joint holders for the interest or dividend.
148. Maintenance and investment of sinking fund.
149. Application of sinking funds.
150. Annual statement by Commissioner.
151. Priority of payment for interest and repayment of loans over other payment.
152. Attachment of Corporation Fund for recovery of money borrowed from the
Government.
153. Power to make regulations.
154. Property   vested   in   Corporation  and management of public institutions.
CHAPTER X
PROPERTIES AND CONTRACTS
155. Acquisition of immovable property by agreement.
Section
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156. Procedure when immovable property cannot be acquired by agreement
157. Disposal of property.
158. Contracts by Corporation.
159. Procedure for making contracts.
160. Mode of executing contracts.
CHAPTER XI
ACCOUNTS AND AUDIT
161. Maintenance of Accounts.
162. Report by Audit agency.
163. Action by Commissioner on the Report.
164. Procedure to be followed by audit agency.
165 Power of auditor to make queries etc. and call for returns.
CHAPTER XII
WATER SUPPL Y , DRAINAGE AND SEW AGE DISPOSAL
166. Definitions.
167. Power to require Corporation to carry out surveys and formulate proposals.
168. Power to construct additional works.
169. Functions in relation to water supply.
170. Supply of water to connected premises.
171. Power to supply water for non-domestic purposes.
172. Making connection with municipal water works.
173. Obligation of owner or occupier to give notice of waste of water.
174. Cutting of supply to premises.
175. New premises not to be occupied without arrangement for water supply.
176. Public gratuitous water supply.
177. Power to lay mains.
Section
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178. Power to lay service pipes etc.
179. Provision of fire hydrants.
180. Power to enter premises to detect waste or misuse of water.
181. Power to test water fittings.
182. Power to close or restrict use of water from polluted source of supply.
183. Water pipes not to be placed where water will be polluted.
184. Joint and several liability of owners and occupiers for offence in relation to
water supply.
185. Public drains etc. to vest in Corporation.
186. Control of drains and sewage disposal works.
187. Certain matters not to be passed into municipal drains.
188. Application by owners and occupiers to drain into municipal drain.
189. Drainage of undrained premises.
190. New premises not to be erected without drainage.
191. Power to drain group or block of premises by combined operations.
192. Power of Commissioner to close or limit the use of private drain in certain
cases.
193. Use of drain by a person other  than owner.
194. Sewage and rain water drains to be distinct.
195. Powers of  Commissioner to require owner to carry out certain works for
satisfactory drainage.
196. Appointment of places for the emptying of drains and disposal of sewage.
197. Connection with water works and drains not to be made without permission.
198. Buildings and private streets not to be erected or constructed over drains or
water works without permission.
199. Right of user of property for aqueducts, lines etc.
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200. Power of owner of premises to place pipes and drains through land belonging
to other persons.
201. Railway administration be informed in certain cases.
202. Power of Commissioner to execute work after giving notice to the person
liable to do so.
203. Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool.
204. Power of Commissioner to examine and test drain etc. believed to be defective.
205. Employment of Government agencies for repairs etc.
206. Work to be done by licensed plumber.
207. Prohibition of certain acts.
CHAPTER XIII
STREETS
208. Vesting of public streets in Corporation.
209. Functions of Commissioner in respect of public streets.
210. Disposal  of  land  forming  site  of  public  streets  permanently.
211. Power to make new public streets.
212. Minimum width of new public streets.
213. Power to prohibit use of public streets for certain kinds of traffic.
214. Power  to  acquire  land  and  buildings  for  public  streets  and  for public
parking places.
215. Defining regular lines of streets.
216. Setting back building to regular line of streets.
217. Compulsory setting back of building to regular line of streets.
218. Acquisition  of  open  land  and  land  occupied  by  platforms  etc. within a
regular line of streets.
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219. Acquisition of remaining part of building and land after their portions within
regular line of streets have been acquired.
220. Setting forward of building to regular line of street.
221. Compensation to be paid in certain cases of setting back or setting forward
of buildings etc.
222. Owner’s obligation when dealing with land or building sites.
223. Layout plans.
224. Alteration or demolition of street made in breach of section 223.
225. Power of Commissioner to order work to be carried out or to carry it out
himself in default.
226. Declaration of public streets.
227. Prohibition of projection upon street etc.
228. Projection over streets may be permitted in certain cases.
229. Ground floor door etc. not to open outwards on streets.
230. Prohibition of structures, fixtures or deposit of things in streets.
231. Special provision regarding streets belonging to Government.
232. Power to remove anything deposited or exposed for sale in contravention of
this Act.
233. Prohibition of tethering of animals and milking of cattle.
234. Precautions during repairs of streets.
235. Streets not to be opened or broken up and building materials not to be
deposited thereon without permission.
236. Disposal of things removed under this chapter.
237. Naming and numbering to streets.
238. Commissioner to take steps for repairing or enclosing places.
239. Measures for lighting.
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240. Prohibition of removal, etc. of lamps.
CHAPTER XIV
BUILDING REGULATIONS
241. Definitions.
242. Prohibition of erection of building without sanction.
243. Erection of building.
244. Applications for additions to, or repairs of building.
245. Condition of valid notice.
246. Sanction or refusal of building or work.
247. When building or work may be proceeded with.
248. Sanction accorded under misrepresentation.
249. Building at corners of street.
250. Provisions as to buildings and works on either side of new streets.
251. Period for completion of building or work.
252. Prohibition against the inflammable materials for buildings etc. without
permission.
253. Order of demolition and stoppage of building and works in certain cases and
appeal.
254. Order of stoppage of building or works in certain cases.
255. Power of the Government to give direction for compounding deviations
from sanctioned plan.
256. Power of Commissioner to require alteration of work.
257. Completion certificate.
258. Restrictions  on  use  of  buildings  and  removal  of  dangerous buildings.
259. Power to order building to be vacated in certain circumstances.
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260. Building Scheme.
CHAPTER XV
SANIT ATION AND PUBLIC HEAL TH
261. Provision for daily cleansing of streets and removal of rubbish and filth.
262. Rubbish etc. to be property of Corporation.
263. Provision for placement of receptacles, depots and places for rubbish etc.
264. Duty of owners and occupiers to collect and deposit rubbish etc.
265. Removal of rubbish etc. accumulated on premises used as factories,
workshops, etc.
266. Prohibition against accumulation of rubbish etc.
267. Commissioner’s power to get premises scavenged and cleansed.
268. Public latrines, urinals, etc.
269. Construction of latrines and urinals.
270. Latrines and urinals etc. in new buildings.
271. Latrines and urinals for labourers etc.
272. Provision of latrines and urinals for markets etc.
273. Other provisions as to private latrines.
274. Removal of congested building.
275. Power of Commissioner to require improvement of buildings unfit for human
habitation.
276. Enforcement of notice requiring execution of works of improvement.
277. Power of Commissioner to order demolition of buildings unfit for human
habitation.
278. Insanitary huts and sheds.
279. Prohibition against washing by washerman.
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280. Obligation to give information of dangerous disease.
281. Removal of patient to hospital suffering from dangerous disease.
282. Disinfections of buildings and articles.
283. Destruction of infectious huts or sheds.
284. Means of disinfection.
285. Special measures in case of out-break of dangerous or epidemic disease.
286. Infected clothes not to be sent to washerman or to laundry.
287. Contamination and disinfection of public conveyances.
288. Driver of conveyance not bound to carry persons suffering from dangerous
diseases.
289. Disinfection of buildings before letting the same.
290. Disposal of infected articles without disinfection.
291. Prohibition of making or selling of food, etc. or washing of clothes by infected
persons.
292. Power to restrict or prohibit sale of food or drink.
293. Control over wells and tanks etc.
294. Duty of persons suffering from dangerous diseases.
295. Disposal of infectious corpse, where any person has died from any dangerous
disease.
296. Conditions of service of Safai Karamcharies and certain other classes of
persons employed in Corporation services.
297. Power to call for information regarding burning and burial ground.
298. Permission for use of new burning or burial ground.
299. Power to require closing of burning and burial grounds.
300. Removal of corpses.
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301. Disposal of dead animals.
CHAPTER XVI
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
302. Prohibition of nuisances.
303. Power of Commissioner to require removal or abatement of nuisance.
304. Registration and control of dogs.
305. Stacking or collecting inflammable materials.
306. Care of naked lights.
307. Discharging fire works, fire arms etc.
308. Power to require buildings, wells etc. to be rendered safe.
309. Enclosure of waste land used for improper purposes.
CHAPTER XVII
EXTINCTION AND PREVENTION OF FIRE
310. Establishment and maintenance of fire brigade.
311. Power   of   members   of   fire-brigades   and   other   persons for suppression
of fire.
312. Limitation on operation of this Chapter.
CHAPTER XVIII
MARKETS, SLAUGHTER HOUSES, TRADES AND OCCUP ATION
313. Provision of municipal markets and slaughter houses.
314. Use of municipal markets.
315. Private markets and slaughter houses.
316. Conditions of grant of license for private market.
317. Prohibition of keeping markets open without licence etc.
318. Prohibition on use of unlicensed markets.
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319. Prohibition of business and trade.
320. Levy of stallages, rent and fees.
321. Stallages, rent etc. to be published.
322. Butcher’s, fishmonger’s and poulterer’s licence.
323. Factory etc. not to be established without permission of the Commissioner.
324. Premises not to be used for certain purposes without licence.
325. Seizure of certain animals.
326. Power  of  the  Commissioner  to  prevent use of premises in particular area
for the purposes referred in section 324.
327. Licence for hawking articles etc.
328. Eating houses etc. not to be used without license from Commissioner.
329. Licensing and control of theatre, circuses and places of public amusement.
330. Power of Commissioner to stop use of premises used in contravention  of
licences.
331. Power of Commissioner to inspect places where unlawful slaughter of animals
etc. is suspected.
CHAPTER XIX
IMPROVEMENT
332. Improvement scheme.
333. Matters to be provided for in an improvement scheme.
334. Submission  of  improvement  scheme  to  the  Corporation  for approval and
to the Government for sanction.
335. Publication of the notice after scheme is sanctioned.
336. Rehousing Scheme.
337. Improvement  scheme  and  Rehousing  scheme  to  comply  with master plan
and zonal development plan.
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338. Provision of housing accommodation 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.
340. Constitution of Tree Authority.
341. Meeting of Tree Authority.
342. Duties of Tree Authority.
343. Appointment of Tree Officer.
344. Application for permission for cutting, felling or removal of a tree.
345. Permission for felling of tree.
346. Planting of adequate number of trees.
347. Planting in place of fallen/destroyed trees.
348. Responsibilities for preservation of trees.
349. The recovery of expenditure on failure to comply with orders for planting of
trees.
350. Appeals.
351. Seizure.
352. Penalty.
353. Compounding of offences.
354. Operation of other laws not barred.
355. Power to make rules.
CHAPTER XXI
POWER, PROCEDURE, OFFENCES AND PENAL TIES
356. Signature, conditions, duration, suspension, revocation, etc. of licences
and written permissions.
357. Power of entry and inspection.
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358. Power to enter land, adjoining land in relation to any work.
359. Breaking into building.
360. Time of making entry.
361. Consent ordinarily to be obtained.
362. Regard to be had to social or religious usages.
363. Prohibition of obstruction or molestation in execution of work.
364. Public notice how to be made known.
365. Newspaper in which advertisement of notices to be published.
366. Proof of content etc. of Commissioner etc.
367. Notices etc. to fix reasonable time.
368. Signature on notices etc. may be stamped.
369. Notice etc. by whom to be served or issued.
370. Service of notices, etc.
371. Power in case of non-compliance with notice, etc.
372. Liability of occupier to pay in default of owner.
373. Execution of work by occupier in default of owner and deduction of expenses
from rent.
374. Relief to agents and trustees.
375. General power to pay compensation.
376. Compensation to be paid by offenders for damage caused by them.
377. Mode of receiving certain dues.
378. Right of owner to apply to Court of the District Judge in case of obstruction
by occupier.
379. General powers and procedure of the Court of District Judge.
380. Fees in proceeding before the Court of District Judge.
381. Repayment of half fee on settlement before hearing.
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382. Power of the Court of District Judge to delegate certain powers and to make
rules.
383. Punishment for certain offences.
383A.Eviction of unauthorised occupants.
384. General Penalty.
385. Offences by Companies.
386. Police establishment.
387. Arrest of offenders.
388. Powers to initiate legal proceedings etc. and obtain legal advice.
389. Prosecution.
390. Composition of offences.
391. Protection of action taken in good faith etc.
392. Notice to be given of suits.
CHAPTER XXII
RULES, REGULA TIONS AND BYE-LA WS
393. Supplemental provision respecting rules.
394. Supplemental provisions respecting regulations.
395. Powers to make bye-laws.
396. Penalty for breaches of bye-laws.
397. Supplemental provisions respecting bye-laws.
398. Bye-laws to be available for inspection and purchase.
CHAPTER XXIII
CONTROL
399. Power of Government to require production of documents.
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400. Inspection.
401. Powers to give directions.
402. Powers to provide for enforcement of direction under section 398.
403. Power of revision.
404. Dissolution of Corporation.
405. Delegation.
406. Validity of notices and other documents.
407. Admissibility of document or entry as evidence.
408. Evidence of Corporation officer or employee.
409. Prohibition  against  obstruction  of  Mayor  or  any  Corporation authority.
410. Prohibition against removal of mark.
411. Prohibition against removal or obliteration of notice.
412. Prohibition against unauthorised removal of deposit, etc.
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 Committee.
422. Transitional provisions.
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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
427. Power to remove difficulties.
428. Repeal of Act No. VIII, Samvat 2008.
First Schedule.
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MUNICIPAL CORPORA TION ACT,  2000 25
THE JAMMU AND KASHMIR MUNICIPAL
CORPORATION ACT, 2000
(Act No. XXI of 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 1[whole of the Union territory of Jammu and Kashmir]
excluding the cantonment areas therein.
2[(3) It shall come into force on such date as the Government may, by
notification in the 3[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
1. Substituted for “whole of the State of Jammu and Kashmir” by S.O. 3466 (E) of 2020
dated 5th October, 2020.
2. 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.
3. Now official Gazette.
26 MUNICIPAL CORPORA TION ACT,  2000
notified for the purpose of reservation for appointments or posts
in the services under the Government ;
1[(1A) “Board” shall mean the Jammu and Kashmir Property Tax Board
constituted under the Jammu and Kashmir Property Tax Board Act,
2013 ;]
(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 2[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 3[x x x] ;
(7) “Commissioner” means the Commissioner of the Corporation
appointed by the 4[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
1. Clause (1A) inserted by S.O. 3466 (E) of 2020 dated 5th October, 2020.
2. Now Official Gazette.
3. Words “of the State” omitted by S.O. 3466(E) 05.10.2020.
4. Now Government of the Union territory of Jammu and Kashmir.
MUNICIPAL CORPORA TION ACT,  2000 27
(b) any other epidemic, endemic or infectious disease which the
Commissioner may, by notification, in the 1[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 2[Union territory of Jammu and
Kashmir] ;
(13) “District Judge” means the District Judge having jurisdiction over
the municipal area ;
3[(14) “District Planning Committee” means a District Planning Committee
constituted under section 47-A of the Jammu and Kashmir Panchayati
Raj Act, 1989 ;]
(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 ;
4[(17-a)“economically weaker section” means such class of persons, 5[x x
x x x] as may be notified by the Government from time to time, for
the purpose of providing housing sites of 6[such dimension as may
be prescribed] ;
(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 ;
1. Now Official Gazette.
2. Substituted by S.O. 3466(E) of 2020 dated 5th October, 2020 for “State”
3. Clause (14) substituted ibid.
4. Clause (17-a) inserted by Act No. XIII of 2012, s.5.
5. Words “being permanent residents of the State” by S.O. 3466 (E) of 2020 dated 5.10.2020.
6. Substituted for certain words ibid.
28 MUNICIPAL CORPORA TION ACT,  2000
(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 ;
1[(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] ;
(22) “goods” includes animals ;
(23) “Government” means the Government of the 2[State of Jammu and
Kashmir] ;
3[(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 ;
4[(27-a) “low income group” means such class of persons, 5[x x x x] as may be
notified by the Government from time to time, for the purpose of
1. Clause (21-a) inserted by Act No. XIII of 2012, s. 5.
2. Now Union territory of Jammu and Kashmir.
3.  Clause (23-a) inserted by Act No. XIII of 2012, s. 5.
4.  Clause (27-a) inserted ibid.
5. Words “being permanent residents of the State” by S.O. 3466 (E) of 2020 dated 5.10.2020.
MUNICIPAL CORPORA TION ACT,  2000 29
providing housing sites which may be of 1[such dimension as may
be prescribed] ;
(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 ;
(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 ;
1. Substituted for certain words by S.O. 3466 (E) of 2020 dated 5.10.2020.
30 MUNICIPAL CORPORA TION ACT,  2000
(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 Government or any securities guaranteed by the Central
MUNICIPAL CORPORA TION ACT,  2000 31
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 ;
(48) “railway administration” means and would have the same meaning
as assigned to it in the Indian Railway Act, 1890 ;
1[x x x x]
(50) “regulation” means a regulation made by the Corporation under
this Act, by notification, in the 2[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 ;
1. Clause (49) omitted by S.O. 3466 (E) of 2020 dated 5.10.2020.
2. Now Official Gazette.
32 MUNICIPAL CORPORA TION ACT,  2000
(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 ;
2[(60A)“Taxable annual value”  means the taxable annual value of any land
and building or vacant land or both determined under section 88 for the
purpose of assessment of property tax ;]
1. Clause (57-a) inserted by Act No. XIII of 2012, s. 5.
2. Clause (60A) inserted by S.O. 3466 (E) of 2020 dated 5.10.2020.
MUNICIPAL CORPORA TION ACT,  2000 33
(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 ;
(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.
* 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).
34 MUNICIPAL CORPORA TION ACT,  2000
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
1[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 1[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.
1. Now Official Gazette.
MUNICIPAL CORPORA TION ACT,  2000 35
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 behal

Excerpt shown. Open the full act in Lexace.

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