The JAMMU AND KASHMIR MUNICIPAL ACT, 2000

MUNICIPAL ACT, 2000
(Act No. XX of 2000)
THE JAMMU AND KASHMIR MUNICIPAL ACT, 2000
(Act No. XX of 2000)
CONTENTS
Section.
CHAPTER – 1
Preliminary
1. Short title, extent and com-
mencement.
2. Definitions.
CHAPTER – II
Classification of Municipalities
and Municipal Area
3. Classification of municipalities.
4. Procedure for declaring muni-
cipal area.
5. Notification of intention to
include a local area in a muni-
cipal area.
6. Notification of intention to
exclude local area from a muni-
cipal area.
7. Exclusion of local area from a
municipal area.
8. Effect of exclusion of local area
from municipal area.
9. Power to abolish municipal
area.
CHAPTER – III
Municipalities
10. Composition of municipalities.
Section.
11. Reservation of seats.
11-A.Reservation of seats for certain
categories.
12. Reservation of offices of Chairperson.
13. Term of office of members.
14. Duration of municipality.
15. Resignation of a member of
municipality.
16. Disqualification.
17. Bar to hold more than one
office.
18. Power of Government as to
removal of members.
18-A. Disqualification on ground of
defection.
18-B. Disqualification on ground of
defection not to apply in case of
merger.
18-C. Decision on question as to
disqualification on ground of
defection.
18-D. Appeals.
18-E. Bar of Jurisdiction.
19. Filling of casual vacancies.
20. Incorporation of municipality.
Section.
21. Members and employees to be
public servants.
22. Election of President and Vice-
President.
23. Term of office of and honorarium
to President and Vice-President.
24. Resignation of President or
Vice-President.
25. Motion of no confidence against
President or Vice-President.
26. Removal of President or Vice-
President.
27. Notification of elections and
nominations.
28. Time for holding meetings.
29. Ordinary and special meetings.
30. Quorum.
31. Chairman of meeting.
32. Vote of majority decisive.
33. Records and publication of
proceedings.
34. Bye-laws.
35. Appointment of Director.
36. Delegation of powers and functions.
37. Power of President or Vice-
President in emergency.
38. Joint Committees.
39. Vacancies and irregularities not to
invalidate acts and proceedings.
Section.
40. Authority to contract.
41. Mode of executing contracts and
transfer of property.
42. Penalty on member or employees
being interested in any contract
with a municipality.
43. Suits against municipality and
its employees.
44. Bar of jurisdiction of civil courts.
45. Protection of action taken in
good faith.
46. Liability of loss.
CHAPTER – IV
Functions of the municipalities
47. General Powers of the Muni-
cipalities.
48. Powers and authorities of
municipalities.
49. Standing Committees.
50. Functions of the Standing
Committee.
51. Conduct of business by the
Standing Committees.
CHAPTER – V
Municipal fund and property
52. Constitution of municipal fund.
52-A.Constitution of Basic Services
Fund.
53. Application of fund.
Section.
54. Payment of allowances to the
members out of the municipal
fund.
55. Custody of municipal fund.
56. Power to deposit and invest
surplus funds.
57. Property vested in a municipality.
58. Inventory and map of municipal
property.
59. Erection and maintenance of
boundary marks of municipal
area.
60. Management of public institutions.
61. Acquisition of land.
62. Transfer to Government property
vesting in municipality.
62-A.Reservation of Land for Housing
to Economically Weaker Sections
and Low Income Groups.
62-B.Identification of Eligible Persons
and Determination of Cost of
Land or Houses.
62-C.Incentives to Developers.
62-D.Non-residential Development.
62-E. Utilization of Shelter Fee.
63. Power to take over management
of water works, sewerage works
and road etc.
64. Finance Commission.
Section.
CHAPTER – VI
Taxation
65. Taxes which municipality shall
impose.
66. Taxes that may be imposed.
67. Limitation of taxing powers.
68. Procedure regarding taxes under
section 65.
69. Collection and payment of tax on
consumption of electricity.
70. Procedure to impose taxes under
section 66.
71. Power of Government in respect
of taxation.
72. Preparation of assessment list.
73. Publication and completion of
assessment lists.
74. Public notice of time fixed for
revising assessment lists.
75. Settlement of lists.
76. Further amendments of assess-
ment list.
77. New list need not to be prepared
every year.
78. Tax not invalid for defect of form.
79. Power of municipality to exempt
payment of taxes.
80. Power of Government to exempt
payment of taxes.
Section.
81. Remission tax on unoccupied
immovable property.
82. Duty to furnish information.
83. Notice on transfers of titles.
84. Power of entry.
85. Taxes when payable.
86. Recovery of property taxes.
87. Recovery of taxes.
88. Seizure and sale of vehicle and
animal.
89. Recovery of dues as arrears of
land revenue.
90. Appeals.
91. Limitation for appeal.
92. Revision.
93. Bar to question assessment.
CHAPTER – VII
Police assistance
94. Police force.
95. Powers and duties of police.
96. Special police assistance at fairs etc.
CHAPTER – VIII
Extinction and prevention of fire
97. Establishment and maintenance
of fire brigade.
98. Power of fire brigade and other
persons to extinguish.
Section.
99. Observance of rules and
regulations.
CHAPTER – IX
Water supply
100. Provision for water supply.
101. Supply of water for domestic
purposes.
102. Supply of water for other than
domestic purposes.
103. Procedure for water connections.
104. Obligation of owner or occupier
to give notice of waste of water.
105. Cutting off water supply to
premises.
106. Power of municipality in respect
of communications etc.
107. Power to require owners of
buildings to provide the storage
reservoirs for rain water on their
premises.
108. Supervision and inspection of
works.
109. Repairs of reservoirs.
CHAPTER – X
Powers for sanitary and other
purposes
110. Bathing and washing places.
111. Powers in respect of burial and
cremation grounds.
112. Disposal of mad and stray dogs
and other animals.
Section.
113. Dogs not to be at large.
114. Control of elephants, bears or
camels.
115. Taking elephants along public
roads.
116. Power to require buildings,
wells, tanks etc. to be secured.
117. Building etc. in dangerous state.
118. Cleaning of filthy building or
land.
119. Paving or draining of cattle-
stands.
120. Power to prohibit use of unfit
buildings.
121. Power to require owner to clear
away noxious vegetation.
122. Power to require hedges and
trees to be trimmed.
123. Power to require untenanted
buildings becoming a nuisance to
be secured or enclosed.
124. Prohibition of cultivation of crop
or use of manure or irrigation
injurious to health.
125. Regulation of offensive and
dangerous trade.
126. Consent of municipality to
establish new factories or
workshops.
127. Prohibition of cinematograph
and dramatic performances
except in licensed premises.
Section.
128. Power to prohibit trades.
129. Use of steam whistles etc.
130. Provisions of drains, privies, etc.
131. Repairs and closing of drains,
privies etc.
132. Unauthorised building over
drains etc.
133. Removal of latrines etc. near any
source of water supply.
134. Discharging sewerage.
135. Making or altering drains without
authority.
136. Power to require removal of
nuisance arising from tanks and
the lake.
137. Power of municipality to lay or
carry wires, pipes, drains or
sewers through private lands.
138. Provision as to wire, pipe, drains
or sewers laid or carried above
surface of ground.
139. Previous notice.
140. Connection with main not to be
made without permission of
municipality.
141. Sewerage connection.
142. Troughs and pipes for rain water.
143. Information in relation to
cholera, small-pox, etc.
144. Removal to hospital of patients
suffering from infectious
diseases.
Section.
145. Disinfection of buildings and
diseases.
146. Penalty for letting infected
houses.
147. Provision of places and
appliances for disinfection.
148. Acts done by persons suffering
from certain disorders.
149. Keeping of animals injurious to
health.
150. Feeding animals on deleterious
substances.
151. Prohibition by municipality of
use of unwholesome water.
152. Penalty for, selling sub-standard
food or drinks.
153. Soliciting alms.
154. Removal and deposit of offensive
matter.
155. Preparation of compost manure.
156. Power to acquire etc.
157. Right of appeal and revision.
158. Bar of jurisdiction.
159. Failure to remove noxious matter.
160. Depositing or throwing of earth
or material of any description on
roads or into drains.
161. Spitting in places other than
drains or receptacles provided.
162. Nuisance by children, and others.
Section.
163. Definition of house scavenging.
164. Undertaking by municipality of
house scavenging.
165. Abolition of customary rights.
166. Scavenging etc.
167. Continuance of house scavenging
once undertaken by municipality.
168. Obligation of municipality to
perform house scavenging properly.
169. Power of municipal employees
for house scavenging purposes.
170. Vesting in, municipality of
collection from house scavenging.
171. Establishment of creches for the
children of Safai Mazdoors.
172. Places for slaughter of animals
for sale.
173. Disposal of dead animal.
174. Powers in connection with streets.
175. Protection of streets during
cutting down of trees, erection or
demolition of buildings.
176. Notice to lay out street.
177. Order of notice under section 176.
178. Sanction of new street.
179. Operation of sanction.
180. Penalty for laying out street in
contravention of the provisions.
181.  Notice to owner of land under street.
Section.
182. Power to require repairs of street
and to declare such street public.
183. Punishment for encroachment or
overhanging structure over street.
184. Permission of occupation of public
street and removal of obstruction.
185. Power of Deputy Commissioner
to remove encroachment.
186. Power to regulate line of a street.
187. Government street.
188. Removal of overhanging structures.
189. Power to attach brackets for lamps.
190. Construction of Stalls.
191. Destroying direction posts lamp
posts, etc.
192. Bill sticking without permission.
193. Names or numbers of streets,
buildings etc.
194. Inflammable materials.
195. Roofs and external walls not to be
made of inflammable materials.
196. Picketing animals and collecting
carts.
197. Driving vehicles without proper
lights.
198. Beating drums etc.
199. Discharging firearm etc.
200. Building operations, quashing,
blasting or cutting timber.
201. Powers to levy fee at fair.
CHAPTER – XI
Bye-Laws
202. General bye-laws.
203. Prohibition to erect buildings
without sanction.
204. Power of municipality to make
bye-laws as to erection or re-
erection of buildings.
205. Building scheme.
206. Regularisation of certain buildings.
207. Punishment for erection or re-
erection of a building on sanction
of a building scheme under
section 205.
208. Powers of municipality to sanction
or refuse erection or re-erection of
buildings.
209. Power of municipality to direct
modification of a sanctioned plan
of a building before its completion.
210. Completion Certificate and lapse
of sanction.
211. Penalty for disobedience.
212. Order of demolition of building and
works in certain cases and appeal.
213. Compensations.
214. Power of municipality to regulate
the manufacture, preparation and
sale of food and drink.
215. Prohibition of possession or sale
of wild animals.
Section.
216. Penalty for infringement of bye-
laws.
217. Confirmation of bye-laws.
218. Power of Government to make
bye-laws.
219. Procedure for making bye-laws.
220. Bye-laws to be available for
purchase and inspection.
CHAPTER – XII
Prevention of soil erosion and hill
side safety
221. Regulation of felling of trees
within municipal limits.
CHAPTER – XIII
Procedure, power of entry and
inspection
222. Inspection of drains, privies and
cesspools.
223. Inspection of building etc.
224. Other powers of entry on
buildings or land.
225. Power to inspect places for sale
of food or drink etc. and to seize
unwholesome articles exposed
for sale.
226. Inspections of place for illicit
slaughter of animals.
227. Refusal to allow inspection.
228. Search for inflammable or
explosive material in excess of
authorised quantity.
Section.
229. Power of entry into building or
land.
230. Authorization of powers.
231. Precautions to be observed in
entering dwelling.
232. Reasonable time for compliance
to be fixed.
233. Authentication, service and
validity of notices.
234. Service when owner and
occupier are different persons.
235. Mode of giving notice to owner
or occupier of property.
236. Publication of public notices.
237. Penalty for disobedience of
orders of municipalities.
238. Compensation for damage.
239. Power of municipality in the
event of non-compliance.
240. Penalty of obstruction.
241. Recovery of costs of execution.
242. Relief to agents and trustees.
243. Payment of compensation.
244. Appeals from orders of
municipalities.
245. Prosecution to be suspended in
certain cases.
246. Appeals from certain orders.
247. Authority for prosecution.
Section.
248. Power to compound offences.
CHAPTER – XIV
Financial Control and Audit
249. Constitution of Finance Commission
to review financial position.
250. Presentation of accounts and
budget of a municipality.
251. Revision of Budget.
252. Supplementary Budget.
253. Maintenance of accounts and
restriction of expenditure.
254. Transmission of accounts.
255. Power to write off irrecoverable sums.
256. Audit of accounts.
257. Action by municipality on audit
report.
258. Recovery of amounts disallowed.
259. Procedure for recovery of dues
of municipality.
260. Conditions of distraint and sale.
CHAPTER-XV
Development Plans and District
Planning and Development Board
261. Preparation of development plan.
262. District Planning and Development
Board.
CHAPTER – XVI
Control
Section.
263. Control by Deputy Commissioner.
264. Power, to suspend execution of
orders etc.
265. Power of Deputy Commissioner
in emergency.
266. Powers to provide for performance
of duties in case of default of
municipality.
267. Action of Deputy Commissioner
to be immediately reported.
268. Power of Government to give
directions.
269. Exercise of committee’s power
pending establishment of
municipality.
270. Power of Government and its
officer over municipality.
271. General powers of Government.
272. Power of Government to dissolve
municipality for default, abuse of
powers, etc.
273. Suspension of Office bearers of
Municipality.
274. Removal of office bearers of
municipality.
275. Power to call for record.
276. Power of inspection and supervision.
277. Technical supervision and
inspections.
278. Taking over of certain branches or
departments of the municipality.
Section.
279. Disputes.
280. Power of the Government to
frame forms and make rules.
CHAPTER – XVII
Disputes relating to Election
281. Definition.
282. Chief Electoral Officer.
283. Officers authorised to bear
election petitions.
284. Election petitions.
285. Presentation of petition.
286. Contents of petition.
287. Procedure on receiving election
petition.
288. Withdrawal and transfer of
petitions.
289. Procedure before the authorised
officers.
290. Appearance before the authorised
officer.
291. Powers of the authorised officer.
292. Documentary evidence.
293. Secrecy of voting.
294. Answering incriminating question
and certificate of indemnity.
295. Expenses of witness.
296. Decision of the authorised officer.
297. Grounds for setting aside election.
Section.
298. Abatement of election petition.
299. Costs and payment. thereof out
of the security deposits and
return of such deposits.
300. Execution of orders as to costs.
301. Corrupt practice entailing
disqualifications.
302. Corrupt practices.
303. Appeals.
304. Bar to interference by Courts in
electoral matters.
CHAPTER – XVIII
Miscellaneous
306. Appointment of Executive Officers/
Secretaries in municipalities.
307. Posts in municip ality and
appointments thereto.
308. Officers and other employees not
to be interested in any contract
etc., with municipality.
309. Power to enquire and report about
misconduct of certain officers or
officials.
310. Power to remove difficulties.
311. Repeal and saving.
SCHEDULE-1
THE JAMMU AND KASHMIR MUNICIPAL ACT, 2000
(Act No. XX 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 consolidate, amend and replace the law relating to
municipalities in 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 Act, 2000.
(2) It extends to the whole of the State of Jammu and Kashmir.
1(3) It shall come into force on such date as the Government may, by
notification in the Government Gazette, appoint.
2. Definitions.–– In this Act, unless there is anything repugnant in the
subject or context,––
(1) “annual value” notwithstanding anything contained in any other
law for the time being in force, means––
(a) in the case of land, the gross annual rent:––
(i) to be calculated on the basis of fair rent fixed under the law
relating to rent restriction for the time being in force ; or
(ii) where no fair rent referred to in item (i) is fixed, at which
it is expected to be let or it is actually let, whichever is
greater :
1. Chapter I, II, III, section 64 of Chapter V, Chapter VII to XVIII enforced w.e.f. 18th
February, 2003 vide SRO-45 dated 18.02.2003.
Provided that, in the case of land assessed to land revenue or any other
tax in lieu thereof or of which the land revenue has been wholly or in part
released, compounded for, redeemed or assigned, the annual value shall, if the
Government so directs, be deemed to be double the aggregate of the following
amounts, namely:––
(i) the amount of the land revenue or any other tax in lieu thereof
for the time being assessed on the land, whether such
assessment is leviable or not, or when the land revenue has
been wholly or in part compounded for or redeemed, the
amount which, but for such composition or redemption, would
have been leviable ; and
(ii) when the improvement of the land due to canal irrigation has
been excluded from account in assessing the land revenue,
the amount of owner’s rate or water advantage rate, or other
rate imposed in respect of such improvement;
(b) in the case of any house or building, together with its appurtenances
or any furniture that may be let for use and enjoyment therewith, is
let subject to the following deductions:––
(i) a deduction not exceeding ten per centum of the gross annual
rent as the municipality in each particular case may consider
a reasonable allowance on account of the furniture let
therewith ;
(ii) a deduction of ten per centum for the cost of repairs and for
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 deduction, if any, under item (i) ;
(iii) where land is let with a building, such deduction, not
exceeding the per centum of the gross annual rent, as the
municipality in each particular case may consider reasonable
on account of the actual expenditure, if any, annually incurred
by the owner on the maintenance of the land, in a state to
common such gross 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 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 the
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 ; and
(ii) in the case of building 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
the repairs and for all other expenses to maintain the building :
Provided further that where a building 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––
(d) where the gross annual rent of the whole of the land or a
building cannot, be determined under any of the clause (a),
(b) and (c)––
(i) in relation to that part or portion of such land or building
to which clause (a) or (b) applies, as determined under
clause (c) ;
(ii) in relation to the remaining part or portion of such land or
building, as determined under clause (c).
(i) where covered area of a
building under self-occupation
does not exceed one hundred
square meters ;
(ii) where the covered area of a
building, exceeds one hundred
square meters ;
by full amount so determined ;
by full amount so determined for the
first one hundred square meters and
by half of the amount so determined
for the area by which it exceeds one
hundred square meters;
Explanation.––For the purpose of this clause “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 ;
(2) “backward classes” means such classes of citizens other than
scheduled castes and scheduled tribes as may be identified and
notified for the purposes of reservation for appointments or posts
in the services under the Government ;
(3) “building” means any shop, house, hut, out-house, stable, a factory,
an industrial shed and a temporary structure erected by means of
tents and structures, raised for entertainment purposes whether roofed
or not and whether used for the purposes of human habitation or
otherwise and whether of masonry, bricks, wood, mud, thatch, metal
or any other material whatever, and includes a wall and a well ;
(4) “building line” means a line beyond which the outer face or any
part of an external wall of a building may not project in the direction
of any street, existing or proposed ;
(5) “built area” is that portion of a municipality of which a greater
part has been developed as a business or residential area ;
(6) “ bye-laws” means by-laws made under this Act ;
(7) “Committee” means a committee of municipality, constituted or
deemed to have been constituted by or under this Act ;
(8) “compost manure” means the produce prepared from dung by
subjecting it to the process of compost making in the manner
prescribed by rules ;
(9) “Deputy Commissioner” or “Deputy Commissioner of the
Districts” includes Additional Deputy Commissioner or any other
officer at any time appointed by the Government to perform in any
District or Districts the functions of a Deputy Commissioner under
this Act ;
(10) “Director” means the Director of the Local Bodies appointed by
the Government under section 35 of this Act ;
(11) “District” means a revenue district ;
(12) “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 districts ;
(13) “dry latrine” means a latrine from which excreta is removed
manually ;
(14) “dung” means night soil, sewage, sullage, sludge, refuse, filth or
rubbish or animal matter of any kind ;
1[(14-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 metre x 7.5 metre and carpet area within
the range of 25 square metre to 30 square metre] ;
(15) “election” means and includes the entire election process
commencing on and from the date of notification calling for such
election of member and ending with the date of declaration and
notification of results thereof ;
(16) “erect or re-erect any building” includes___
(a) any material alteration or enlargement of any buildings ;
(b) the conversion by structural alteration into a place for human
habitation of any building not originally constructed for
human habitation ;
(c) the conversion into more than one, place for human habitation
of building originally constructed at one such place ;
(d) the conversion of two or more places of human habitation
into a greater number of such places ;
(e) such alteration of building as effect an alteration of its
drainage or sanitary arrangements, or materially affect its
security ;
(f) the additions of any rooms, buildings, out-houses or other
structures to any building ;
2. Clause (14-a) inserted by Act No. XIII of 2012.
(g) the construction of wall adjoining any street or land not
belonging to the owner of the wall or door opening on to
such street or land ;
(17) “Executive Officer” means a person, by whatever name called,
appointed under section 306 of this Act to discharge the functions
of the Executive Officer under this Act and ‘Secretary’ means a
Secretary of the Municipal Council or Municipal Committee ;
(18) “explosive” and “petroleum” have the meaning assigned to those
words in the Indian Explosives Act, 1884, and the Petroleum Act
1934, respectively ;
(19) “factory” shall have the meaning assigned to it in the Factories
Act, 1948 ;
1[(19-a)“floor space index” means the area that can be constructed on a
piece of land divided by the total area of the land];
(20) “Government” means the Government of the State of Jammu and
Kashmir ;
2[(20-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];
(21) “infectious disease” means cholera, plague, small-pox,
tuberculosis or such other dangerous disease as the Government
may notify in this behalf ;
(22) “land” shall include land which is built upon or covered
with water ;
3[(22-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 or floor area of not exceeding
50 square meter in case of flatted accommodation];
(23) “Municipality” means any local area declared by or under this Act
to be a Municipality;
1.  Clause (19-a) inserted by Act No. XIII of 2012, s. 2, w.e.f. 26.04.2012.
2. Clause (20-a) inserted ibid.
3. Clause (22-a) inserted ibid.
(24) “Municipal Fund” means the Municipality Fund constituted under
section 52 of this Act ;
(25) “notification” and “notified” respectively means “publication” and
“published” in the Government Gazette ;
(26) “nuisance” shall include any act, omission, place or thing which
causes or is likely to cause injury, danger, annoyance or offence to
the sense of sight, smell or hearing or which is/or may be dangerous
to life or injurious to health or property ;
(27) “occupier” includes any person, for the time being paying or liable
to pay, to the owner the rent or any portion of the rent of the land
or building in respect of which the word is used or damages on
account of the occupation of such land or building, and also an
owner living in or otherwise using, his own land or building and
also a rent-free tenant ;
(28) “owner” when used in reference to any land or building includes
the person for the time being receiving the rent of the land or building
or any of the part of the land or building whether on his own account
or as agent or trustee for any person or society or for any religious or
charitable purpose, or as a receiver who would so receive such rent
if the land, building or part thereof were let to a tenant ;
(29) “President” means the President elected under section 22 of this
Act ;
1[(29-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] ;
(30) “street” means any road, footway, square, court, alley 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,
1. Clause (29-a) inserted by Act No. XIII of 2012, s. 2, w.e.f. 26.04.2012.
post, chain or other barrier, if houses, shops or other buildings abut
thereon and if it is used by any persons as a means of access to or
from any 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 a right at
all hours to prevent all other persons from suing as aforesaid ;
and shall include also the drains or gutters therein, or on either
side, and the land, whether covered or not by any pavement,
varandah or other erection, up to the boundary of any abutting
property not accessible to the public ;
(31) “tax” shall include any toll, rate, cess, fee or other impost leviable
under this Act ;
(32) “vehicle” means a wheeled conveyance capable of being used on
a street.
CHAPTER – II
Classification of Municipalities and Municipal Area
3. Classification of municipalities. ––(1) There shall be constituted three
classes of urban areas constituting two sets of Municipalities and one Municipal
Corporation in accordance with the provisions of this section as specified
below:––
(a) a “Municipal Committee” for small town ;
(b) a “Municipal Council” for medium town ; and
(c) a “Municipal Corporation” for the capital cities of Jammu and
Srinagar :
Provided that no cantonment or part of cantonment shall form part of
any Municipal Committee, Municipal Council or Municipal Corporation :
Provided further that a municipality under this section may not be
constituted in such urban area or a part thereof as the Government may,
having regard to the size of the area and the municipal services being
provided or proposed to be provided by an industrial establishment in that
area and such other factors as it may deem fit, by notification, specify to
be an industrial township.
(2) T he Go vernment shall, by notification, co nstitute the
municipalities and specify the class to which a municipality shall belong
in accordance with, the provision of this section after observing the
procedure as laid down in section 4 :
Provided that the Municipalities, Town Area Committees and Notified
Area Committees existing at the commencement of the Act and listed in the
Schedule to this Act would be deemed to have been constituted and notified as
such, under and in accordance with the provisions of this section :
Provided further the Government may, after giving a reasonable notice
of not less than thirty days of its intention to do so, amend the Schedule,
by notification and declare any Municipal Council to be Municipal
Committee and vice versa or include or exclude any area from any
Municipality or de-notify any Municipal Committee or Municipal Council
through medium of a notification and procedure as it may deem fit.
4. Procedure for declaring municipal area. ––(1) The Government
may, by notification, propose any local area to be a municipal area under
this Act.
(2) Every such notification under sub-section (1) shall define the limits
of the local area to which it relates.
(3) A copy of every notification under this section, with a translation
thereof in such language as the Government may direct shall be affixed at
some conspicuous place in the Office of the Deputy Commissioner, within
whose jurisdiction the local area to which the notification relates lies, and at
one or more conspicuous places in that local area.
(4) The Deputy Commissioner shall certify to the Government the date
on which the copy and translation were so affixed and the date so certified
shall be deemed to be the date of publication of the notification.
(5) If any inhabitant desires to object to a notification issued under sub-
section (1) he may, within six weeks from the date of its publication, submit
his objection in writing through the Deputy Commissioner to the Government
and the Government shall take his objection into consideration.
(6) When six weeks from the date of publication have expired and the
Government has considered and passed orders on such objections as may have
been submitted to it, the Government may, by notification, declare the local
area for the purposes of this Act, to be a municipal area.
(7) The Government may, by notification, direct that all or any of the
rules which are in force in any municipal area shall, with such exceptions and
adaptations as may be considered necessary, apply to the local area declared
to be a municipal area under this section, and such rules shall forthwith apply
to such municipal area without further publication.
(8) When any Town Area Committee or Notified Area Committee or any
part of any Town Area Committee or Notified Area Committee is declared to
be a Municipal Council or Municipal Committee under this section, the
Municipal Council or Municipal Committee shall be deemed to be the perpetual
successor of such Town Area Committee or Notified Area Committee as the
case may be and in respect of all its rules, bye-laws, taxes and all other matters,
whatsoever, shall continue in office and shall, notwithstanding anything
contained in this Act be deemed to be the Municipal Committee until the
appointment and election of members is notified by the Government under the
provisions of this Act.
(9) A municipality shall come into existence on such day as the
Government may, by notification, appoint in this behalf.
5. Notification of intention to include a local area in a municipal
area.––(1) The Government may, by notification, and in such other
manner as it may determine, declare its intention to include within a
municipal area any local area in the vicinity of the same and specified
in the notification.
(2) Any inhabitants of a municipal area or local area in respect of
which a notification has been published under sub-section (1) may, if the
objects to the alteration proposed, submit his objection in writing through
the Deputy Commissioner to the Government within six weeks from the
publication of the notification ; and the Government shall take such
objection into consideration.
(3) When six weeks from the publication of the notification have expired,
and the Government has considered the objections, if any, which have been
submitted under sub-section (2), the Government may, by notification, include
the local area in the municipal area.
(4) When any local area has been included in a municipal area under
sub-section (3) of this Act, and, except as the Government may, by notification,
direct otherwise, all notifications, rules, bye-laws, orders, directions and powers
issued, made or conferred under this Act and in force throughout whole of the
municipal area at the time shall apply to such area.
6. Notification of intention to exclude local area from a municipal
area.–– The Government may, by notification and in such other manner as it
may deem fit, declare its intention to exclude from a municipal area any local
area comprised therein and specified in the notification.
7. Exclusion of local area from a municipal area. ––(1) Any inhabitant
of a municipal area or local area in respect of which a notification has been
published under section 6 may, if he objects to the exclusion proposed, submit
his objection in writing through the Deputy Commissioner to the Government
within six weeks from the publication of the notification and the Government
shall take his objection into consideration.
(2) When six weeks from the publication of the notification have expired
and the Government has considered the objections, if any, which have been
submitted under sub-section (1), the Government may, by notification, exclude
the local area from the municipal area.
8. Effect of exclusion of local area from municipal area.–– When a local
area is excluded from a municipal area under section 7––
(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 municipality, frame a
scheme determining what portion of the balance of the municipal
fund and other property vesting in the municipality shall vest in
the Government and in what manner the liabilities of the
municipality shall be apportioned between the municipality and
the Government, and, on the scheme being notified, the property
and liabilities shall vest and be apportioned accordingly.
9. Power to abolish municipal area. ––(1) The Government may, by
notification, abolish any municipal area, declared under section 4.
(2) When a notification is issued under this section in respect of any
municipal area, this Act and all notifications, rules, bye-laws, orders,
directions and powers issued, made or conferred under this Act shall cease
to apply to the said municipal area; the balance of the municipal fund and all
other property at the time of the issue of the notification vested in the
municipality shall vest in the Government and the liabilities of the
municipality shall be transferred to the Government.
(3) Where any municipal area is abolished under sub-section (1) and
subsequently the area comprising the municipal area so abolished is declared
to be a Halqa under clause (j) of sub-section (1) of section 2 of the Jammu
and Kashmir Panchayati Raj Act, 1989, the assets and liabilities referred to
in sub-section (2) shall vest in the Halqa Panchayat of the Halqa from the
date of its establishment under sub-section (1) of section 4 of the Jammu and
Kashmir Panchayati Raj Act, 1989.
Explanation.––For the purposes of this sub-section, the assets shall include
all arrears of tax, toll, cesses, rates, dues and fees imposed
under this Act or rule or any bye-law which fell due to the
municipality of the municipal area immediately before the date
of its abolition and the same shall be recoverable by the
Director Urban Local Bodies.
CHAPTER – III
Municipalities
10. Composition of municipalities. ––(1) The municipalities constituted
under section 3 shall consist of such number of elected members not less than
seven as may be determined by the Government, by adopting the criterion that
in the municipal area having population of:––
(i) not exceeding 5,000 05 members;
(ii) exceeding 5,000 but not exceeding 20,000 13 members;
(iii) exceeding 20,000 but not exceeding 50,000 17 members;
(iv) exceeding 50,000 but not exceeding 1,00,000 21 members ;
(v) exceeding 1,00,000 but not exceeding 2,00,000 25 members ;
(vi) exceeding 2,00,000 but not exceeding 5,00,000 27 members ;
(vii) exceeding 5,00,000 30 members :
Provided that the determination of the number of members as aforesaid
shall not affect the composition of municipality until the expiry of the term of
office of the elected members then in office.
(2) Save as provided in sub-section (3), all seats in that municipality
shall be filled in by person chosen by direct election and for the purpose of
election, the Deputy Commissioner, Chief Electoral Officer or any other officer
appointed by the Government, shall, in accordance with such rules as may be
prescribed by the Government,––
(a) divide the municipal area into wards in such a manner that___
(i) one member shall be elected from each ward ; and
(ii) as far as possible the population in each ward shall be equally
distributed ;
(b) determine the territorial extent of each ward ; and
(c) determine the ward or wards in which seats are reserved under
section 11.
(3) In addition to persons chosen by direct election from the wards, the
Government may by notification in the Government Gazette, nominate not
more than three persons having special knowledge or experience in municipal
administration, as members of a municipality :
Provided that the persons nominated under this sub-section shall not have
the right to vote in the meeting of the municipality :
Provided further the Executive Officer in the case of a Municipal
Council and Municipal Committee, shall have the right to attend all the
meetings of the municipality.
11. Reservation of seats.–– Should the prescribed authority so feel
expedient and necessary, any unrepresented section of the society shall be
considered for nomination by it, which shall not exceed in aggregate by not
more than five Councillors in addition to 75 seats.
1[11-A. Reservation of seats for certain categories. ––(1) Seats shall be
reserved for the Scheduled Castes and the Scheduled Tribes in every
Municipality in proportion to the total population of the Scheduled Castes and
Scheduled Tribes in the Municipal Area and such seats may be allotted by
rotation to different constituencies in a Municipality.
1. Section 11-A inserted by Act No. XIV of 2005, s.3, w.e.f. 28.09.2004.
(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 Municipality shall be
reserved for women and such seats may be allotted by rotation to different
constituencies in the Municipality.
1[(3-A) A person who becomes a member or an office bearer of a
Municipality on the basis 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].
12. Reservation of offices of Chairperson. ––(1) The Government may,
by general or special order reserve such number of offices of Chairperson, for
persons belonging to Scheduled Castes, Scheduled Tribes and Backward
Classes in the Municipal Committee/Municipal Council as the case may be
not exceeding the proportion to the total number of offices to be filled by
direct election in the municipalities as urban population of the persons
belonging to these classes in the State bears to the total population and may
further reserve one-third of the total seats reserved under this sub-section for
women belonging to these classes.
(2) The offices of Chairperson reserved under sub-section (1), shall be
allotted by rotation to different municipalities in the State in such a manner as
may be prescribed.
Explanation.––For the removal of doubts it is hereby declared that for the purpose
of this section the expression “urban population” shall mean the
population of municipal areas of the State, except that of the
municipal area declared to be a municipal area for the purposes
of the Jammu and Kashmir Municipal Corporation Act, 2000.
13. Term of office of members. ––(1) The term of office of elected
members shall be five years from the date appointed for the first meeting of
1. Sub-section (3-A) inserted by Act No. IX of 2006, s. 2.
the municipality.
(2) The term of the nominated members shall be coterminous with the
term of elected members.
(3) When as a result of an enquiry held under Chapter XVII, an order
declaring the election of any member void has been made such member shall
forthwith cease to be the member of the municipality.
(4) The members shall be entitled to receive allowances for attendance
at meetings of the municipality and of its committees at such rates as may be
prescribed by the Government from time to time.
14. Duration of municipality. ––(1) Every municipality unless sooner
dissolved under any law for the time being in force, shall continue for five
years from the date appointed for its first meeting and no longer :
Provided that a municipality shall be given a reasonable opportunity of
being heard before its dissolution.
(2) An election to constitute a municipality 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 when the remainder of the period for which the dissolved
mun

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