LexThe Jharkhand Municipal Act 2011
Jharkhand · state statute
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[JHARKHAND ACT 07 OF 2012]
Jharkhand Municipal Act, 2011
An Act to consolidate and amend the laws relating to the Municipal Governments in
the State of Jharkhand in conformity with the provisions of the Constitution of India as
amended by the Constitution (Seventy fourth Amendment) Act, 1992, based on the
principles of participation in, and decentralization, autonomy and accountability of, urban
self-government at various levels, to introduce reforms in financial management and
accounting systems, internal resource generation capacity and organizational design of
municipalities, to ensure professionalisation of the municipal personnel, and to provide
for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Jharkhand in the Sixty-one year of the
Republic of India as follows:-
PART - I
PRELIMINARY
Chapter – 1
1. Short title, extent and commencement-
(1) This Act may be called the Jharkhand Municipal Act, 2011.
(2) It shall extend to the whole of the State of Jharkhand excluding cantonment
areas therein.
(3) The provisions of the Act shall come into force on such date as the State
Government may, by notification, appoint in this behalf.
2. Definitions - In this Act, unless the context otherwise requires -
(1) “Ad hoc Committee” means an Ad hoc committee appointed under
section 47 of this Act;
(2) “Administrator” means any officer appointed by the State Government
to exercise the powers and perform the functions and discharge duties
conferred or imposed on the municipalities, the Standing Committee and
the Municipal Commissioner or the Executive Officer, by or under this
Act;
(3) “Advertisement" means any word, letter, model, sign, placard, board,
notice, device, or representation whether illuminated or not, in the nature
of and employed, wholly or in part, for the purpose of advertisement,
announcement or direction and includes any hoarding or similar structure
used or adapted to be used for the display of advertisement;
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(4) "Advertiser" means a person who has been permitted, or has applied,
under the rules, to display advertisement by writing or exhibiting by
hanging or pasting or putting up a board or hoarding and, also includes an
agent, representative or servant of such person;
(5) “Annual Rental Value” of a holding means the gross annual rental at
which a holding may reasonably be expected to be let out.
(6) "Archaeological site" means an area in which archaeological relics are
situated;
(7) "Architect" means an architect duly registered with Indian Council of
Architects;
(8) “Area Sabha” means an Area Sabha constituted under section 39 of this
Act;
(9) "Assessment list" means any municipal assessment register referred to
under this Act, and includes any register subsidiary thereto;
(10) "Auditor" means an Auditor appointed under section 117 of this Act , and
includes any officer authorized by him to perform all or any of the
functions of an Auditor under this Act;
(11) "Backward Classes" means any socially and educationally Backward
Classes of citizens recognized by the Government for purposes of clause
(4) of Article 15 of the Constitution of India;
(12) "Balance sheet" means the balance sheet prepared under section 115 of
this Act,
(13) “Bio-medical waste" means any waste generated during diagnosis,
treatment, immunization or any health services of human beings or
animals or in research activities pertaining thereto or in the production or
testing of biologicals;
(14) "Bridge” includes culvert;
(15) "Budget estimate" means the budget estimate prepared under section 108
of this Act;
(16) "Budget grant" means the total sum entered on the expenditure side of a
budget estimate under a major head and adopted by the municipality, and
includes any sum by which such budget grant is increased or reduced by
transfer from or to other heads in accordance with the provisions of this
Act and the rules and the regulations made thereunder;
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(17) "Building" means a structure constructed for whatever purpose and of
whatever materials, and includes the foundation, plinth, walls, floors,
roofs, chimneys, fixed platforms, verandas, balconies, cornices or
projections or part of a building or anything affixed thereto or any wall
(other than a boundary wall of less than three meters in height) enclosing,
or intended to enclose, any land, sign or outdoor display-structure but does
not include a tent, shamiana or tarpaulin shelter;
(18) "Building line” means a line beyond which the outer face or any part of
an external wall of a building should not project in the direction of any
street, existing or proposed and sanctioned;
(19) “Regulation” means a regulation made under the provisions of this Act;
(20) “Candidate” means a person who has been duly nominated or claimed to
have been duly nominated as a candidate of any election;
(21) "Carriage" means any wheeled vehicle, with springs or other appliances
acting as springs, which is ordinarily used for the conveyance of human
beings, and includes an in-rickshaw, cycle-rickshaw, bicycle or tricycle,
but does not include a perambulator or other form of vehicle designed for
the conveyance of children or elderly, infirm or handicapped persons;
(22) "Cart" means any cart, hackney or wheeled vehicle with or without
springs, which is not a carriage, and includes a hand-cart, a cycle van and
a push van, but does not include any wheeled vehicle which is propelled
by mechanical power or its trailer;
(23) "Casual vacancy" means a vacancy occurring otherwise than by efflux of
time in the office of a member or in any other elective office, and 'casual
election' means an election held to fill a casual vacancy;
(24) “Cesspool” includes a settlement tank or other tank for the reception or
disposal of foul matter from building;
(25) "Charitable purpose" includes the maintenance of an educational
institution and the hostels attached thereto, which, though wholly or partly
self-supporting, is maintained without the purpose of profit;
(26) “Chairperson” and “ Vice-Chairperson” mean -
(a) in relation to a Municipal Corporation, the Mayor and the Deputy
Mayor respectively; and
(b) in relation to a Municipal Council, and a Nagar Panchayat, the
Chairperson and the Vice-Chairperson respectively;
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(27) “Commercial building” means any building, which is used or occupied
for carrying on any trade or commerce or industry or any work connected
therewith or incidental or ancillary thereto;
(28) "Commercial Holding" means any holding or part of a holding which is
used for display storage or sale of goods, either wholesale or retail, or a
holding which is used for providing any service in lieu of payment. This
also includes private educational institution, coaching centres etc. to
whom Government does not provide any assistance whatsoever.
(29) “Company” means
(a) a company as defined in section 3 of the Companies Act, 1956 and
includes a foreign company within the meaning of section 591 of that
Act;
(b) a co-operative society registered or deemed to be registered under the
relevant provisions of the Co-operative Societies Act;
(c) a body corporate; and
(d) a firm or association carrying on business in this State whether
incorporated or not and whether its principal place of business is
situated in the State or not;
(30) "Compound" means land, whether enclosed or not, which is the
appurtenance of a building or the common appurtenance of several
buildings;
(31) "Conservancy” means the removal and disposal of sewage, offensive
matter and rubbish; etc;
(32) “Council” means the Council constituted for each municipality under
section 15 of this Act;
(33) “Councillor”, in relation to a municipality means a person chosen by
direct election from a Ward of that municipality;
(34) “Cubical extent" with reference to the measurement of a building, means
the space contained within the external surface of its walls and roof and the
upper surface of the floor of its lowest storey, or where the building consists
of one story only, the upper surface of its floor;
(35) "Dangerous disease” means -
(a) cholera, plague, small-pox, cerebrospinal meningitis, diphtheria,
tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or
syphilis; or
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(b) any other epidemic, endemic, or infectious disease which the
Government may, by notification, declare to be a dangerous disease
for the purposes of this Act;
(36) “Deputy Commissioner” means the Deputy Commissioner of the district
in which the municipality is situated;
(37)
"Development Plan / Master Plan" means the draft Development
Plan/Master Plan and the final Development Plan/Master Plan prepared
under this Act;
(38) "Director of Municipal Administration " means an officer appointed as
such by the Government, and includes an Additional Director, a Joint
Director, a Deputy Director, or any other officer of the Government
authorized by it to perform the functions of the Director of Municipal
Administration under this Act;
(39) “District Planning Committee” means the committee constituted in
pursuance of Article 243-ZD of the Constitution and referred to in section
383 of this Act to consolidate the plans prepared by the Panchayats and the
municipalities in the district;
(40) “Divisional Commissioner” means the Divisional Commissioner of the
division in which the municipality is situated;
(41) "Drain" includes a sewer, a house-drain, a drain of any other description,
a tunnel, a culvert, a ditch, a channel or any other device for carrying off
sullage, sewage, offensive matter, polluted water, rainwater or sub-soil
water;
(42) "Dwelling-house" means a masonry building constructed, used, or
adapted to be used, wholly or principally for human habitation;
(43) “Election” means an election to fill any vacancy in the office of Mayor,
Deputy Mayor, Chairperson and Vice-Chairperson and the Councillor of
any municipality;
(44) “Elector”, in relation to a ward, means a person whose name is for the
time being entered in the electoral roll of that ward;
(45) “Essential service” means the service in connection with the pumping
stations, drainage, conservancy or water supply of the municipality and any
such other service as may be notified by the Government;
(46) “Executive Officer” means a person appointed by the Government in
relation to a Municipal Council, or the Nagar Panchayat, the Executive
Officer of the Municipal Council or the Nagar Panchayat;
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(47) “Factory” means a factory as defined in the Factories Act, 1948;
(48) “Filth” means
(a) night soil or other contents of latrines, cesspools and drains;
(b) dirt, dung, refuse, useless or offensive materials thrown out in
consequence of any process of manufacture, industry or trade; and
(c) putrid or putrifying substance;
(49) “Finance Commission” means the State Finance Commission constituted
under Article 243-I of the Constitution of India and referred to in section
97 of this Act;
(50) "Food" includes every article used for food or drink by man, other than
drugs or water, and any article which ordinarily enters into, or is used in
the composition or preparation of, human food, and also includes
confectionery, flavouring and colouring matters, spices and condiments;
(51) "Footpath" means a pavement, for use by pedestrians;
(52) "Goods" include animals;
(53) “Government” means the State Government of Jharkhand;
(54) "Holding" means land held under one title or agreement and surrounded
by one set of boundaries:
Provided that, where two or more adjoining holdings held by the same owner
form part and parcel of the site or premises of an apartment and a dwelling house,
manufactory, warehouse or place of trade or business, such holdings shall be
deemed to be one holding for the purposes of this Act:
Explanation- Holdings separated by a road or other means of communication
shall be deemed adjoining within the meaning of this clause:
Provided further that where any building is capable of being enjoyed
separately in parts, or where portions of such building are owned separately by
different persons, or where the building comprises self contained and independent
units, each of such parts, portions or units shall, on application by the owners, be
deemed, to be a separate holding;
(55) "House-drain" means any drain of one or more premises used for the
drainage of such premises;
(56) "House-gully" means a passage or a strip of land constructed, set apart or
utilized for the purpose of serving as a drain or affording access to a privy,
urinal, cesspool or other receptacle for filthy or polluted matter for
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municipal employees or for persons employed in the cleaning thereof or
removal of such matter therefrom, and includes the air space above such
passage or land;
(57) "Hut" means any building, no substantial part of which, excluding the
walls upto a height of fifty centimeters above the floor or floor level, is
constructed of masonry, reinforced concrete, steel, iron or other metal;
(58) "Industrial township" means such urban area or 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;
(59) "Infectious disease" or "communicable disease" means any disease,
which may be transmitted from one person to another and declared as such
by the Government by notification;
(60) “Larger urban area” means municipal area classified as a larger urban
area under section 8 of this Act;
(61) “Licensed plumber”, “licensed surveyor”, “licensed architect”, “licensed
engineer”, “licensed structural designer” and “licensed clerk of works”
respectively, means a person licensed by the municipality as a plumber,
surveyor, architect, engineer, structural designer or clerk of works under
this Act;
(62) "Market" includes any place, by whatever name called, where persons
assemble for the sale of meat, fish, fruits, vegetables, live stock, or any other
article of food of a perishable nature, or any other article for which there is a
collection of shops or warehouses or stalls, declared and licensed by the
municipality as a market;
(63) "Master plan" means a comprehensive plan showing therein the existing
and proposed location and general layout of -
(a) arterial streets and transportation lines,
(b) residential sections,
(c) business areas,
(d) industrial areas,
(e) educational institutions,
(f) public parks, playgrounds and other recreational places,
(g) public and semi-public buildings, and
(h) any other places put to any specified use;
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(64) “Metropolitan Planning Committee” means a committee constituted in
pursuance of Article 243ZE of the Constitution of India and referred to in
section 384 of this Act to prepare a draft development plan for the
Metropolitan area as a whole;
(65) "Milk" includes cream, skimmed milk, separated milk, and condensed,
sterilized, desiccated or toned milk;
(66) “Municipal Commissioner” means a person appointed by the
Government; in relation to a Municipal Corporation, the Municipal
Commissioner of the Municipal Corporation;
(67) “Municipality” means an institution of self-government and includes
Municipal Corporation, Municipal Council, and Nagar Panchayat
constituted under this Act;
(68) "Municipal Accounts Committee" means a Municipal Accounts
Committee constituted under section 124 of this Act;
(69) "Municipal Accounting Manual" means the Municipal Accounting
Manual prepared and maintained under section 113 of this Act;
(70) "Municipal Fund" means the Municipal Fund referred to in section 99 of
this Act;
(71) "Notification" means a notification published by the Government in the
Official Gazette;
(72) "Nuisance" includes 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 disturbance to rest or sleep, or which is, or may be,
dangerous to life or injurious to health or property;
(73) "Occupier" includes any person for the time being is paying or is liable to
pay, to the owner the rent or any portion of the rent of the land or the
building in respect of which the word is used or for damages on account of
the occupation of such land or building and also includes a rent-free tenant:
Provided that an owner living in, or otherwise using, his own land or building shall
be deemed to be the occupier;
(74) "Offensive matter" means kitchen or stable refuse, dung, dirt, putrid or
putrefying substance, or filth of any kind which is not included in sewage;
(75) “Ombudsman” means an authority constituted for the municipalities for
conducting investigation and enquiries in respect of, or involving
corruption, maladministration etc.
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(76) "Owner" includes the person for the time being receiving rent of any land
or building or of any part of any land or building, whether on his own
account or as an agent or trust for any person or society or for any religious
or charitable purpose or as a receiver who would receive such rent if the
land or the building or of any part of the land or the building were let to a
tenant; and also includes with reference to any animal, vessel or boat etc.
who for the time being is in the change of such object.
(77) "Platform" means any structure which is placed on or covers or projects
over any street or any open drain and includes balconies or other extension
of buildings projecting at any height over such street or drain;
(78) "Population" means the population as ascertained at the last preceding
census of which the relevant figures have been published;
(79) "Premises” means any land or building / land or part of a building or any
hut or part of a hut, and includes -
(a) the garden, ground and outhouses, if any, appertaining thereto, and
(b) any fittings or fixtures affixed to a building or part of a building or
land or hut or part of a hut for the more beneficial enjoyment thereof;
(80) "Prescribed" means prescribed by rules made by the Government under
this Act;
(81) "Public place" means a space, not being private property, which is open to
the use or enjoyment of the public whether such space is vested in the
municipality or not;
(82) “Public securities” means-,
(a) securities of the Central Government or any State Government,
(b) securities, stocks, debentures or shares, the interest whereon has been
guaranteed by the Central or the State Government,
(c) debentures or other securities for money issued by or on behalf of
any local authority in exercise of the powers conferred by any
enactment for the time being in force in any part of India,
(d) securities expressly authorized by any order which the Government
makes in this behalf;
(83) "Public Service Commission" means the Public Service Commission for
the State of Jharkhand constituted under Article 315 of the Constitution of
India;
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(84) "Public street" means any street, road, lane, gully, alley, passage,
pathway, square or courtyard, whether a thoroughfare or not, over which the
public have a right of way, and includes -
(a) the access or approach to a public ferry,
(b) the roadway over any public bridge or causeway,
(c) the footpath attached to any such street, public bridge or causeway,
(d) the passage connecting to public streets, and
(e) the drains attached to any such street, public bridge or causeway,
and, where there is no drain attached to any such street, shall be
deemed to include also, unless the contrary is shown, all land upto
the boundary wall, hedge or pillar of the premises, if any, abutting on
the street, or, where a street alignment has been fixed, upto such
alignment;
(85) "Regulations" means the regulations made by a municipality under this
Act;
(86) "Rules" means the rules made by the Government under this Act;
(87) “Scheduled Caste” means such castes, races or tribes or parts of or groups
within such castes, races or tribes as are notified to be Scheduled Castes
under Article 341 of the Constitution of India;
(88) “Scheduled Tribes” means such tribes, or tribal communities or parts of
or groups within such tribes or tribal communities as are notified to be
Scheduled Tribes under Article 342 of the Constitution of India;
(89) "Sewage" means night soil and other contents of privies, urinals, cesspools
or drains, and includes trade effluents and discharges from manufactories of
all kinds;
(90) “Slaughter house” means any place used for the slaughter of cattle, sheep,
goats, kids or pigs for the purpose of selling the flesh thereof as meat;
(91) "Smaller Urban Area" means a municipal area classified as a smaller
urban area under section 8 of this Act;
(92) "State Election Commission" means the State Election Commission
referred to in Article 243-K and Article 243 -ZA of the Constitution of India
and under Section 17 of this Act;
(93) “State Government” means the Government of Jharkhand;
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(94) “Street” means a public street or a private street, and includes any
highway and any causeway, bridge, viaduct, arch, road, lane, foot-way, sub-
way, court, alley or riding path or passage, whether a thoroughfare or not,
over which the public have a right of passage or access or have passed and
had access uninterruptedly for a period of twenty years; and, when there is a
foot-way as well as a carriage way in any street, the said term includes both;
(95) "Street alignment" means the line dividing the lands comprised in and
forming part of a street from the adjoining land;
(96) “Trade effluent” means any liquid, either with or without particles of
matter in suspension therein, which is so 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;
(97) “Ward” means the territorial constituency of municipality divided under
section 15 of this Act;
(98) "Ward Committee" means a Ward Committee constituted under section
34 of this Act;
(99) “Water course” includes a river, stream or channel whether natural or
artificial;
(100) “Year” means a financial year beginning on the first day of April.
(101) “Zonal Committee” means the Zonal Committee constituted in a
municipality under section 49 of this Act.
PART - II
CONSTITUTION OF MUNICIPALITIES
Chapter - 2
Constitution of Municipal Areas and Classification of Municipalities
3. Declaration of intention to constitute a municipal area –
(1) The State Government may, after making such inquiry as it may deem fit,
and having regard to the population of any local area, density of population,
the percentage of employment in non-agriculture activities in such area, the
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economic importance of such area, and such other factors as may be
prescribed, by notification, declare its intention to specify such area to be a
larger urban area, or a smaller urban area, or a transitional area:
Provided that local area having acquired urban characteristics and importance such
as availability of market facilities, established industries or potentialities to attract
industries or commerce or education, health care or other such infrastructures for
economic and industrial growth may also be considered.
(2) The State Government shall, by notification, declare an area specified as -
(a) a larger urban area to be a Municipal Corporation;
(b) a smaller urban area to be a Municipal Council; and
(c) a transitional area that is to say, an area in transition from a rural
area to an urban area to be a Nagar Panchayat.
(3) Notwithstanding anything contained in sub-section (1), the State
Government may, by notification, determine separate conditions to
constitute any hill area, pilgrim centre, tourist centre or mandi as a
municipal area.
4. Publication of declaration –
(1) The notification intending to constitute a municipality under section 3 shall
be published in the official gazette and at least in two leading newspapers
one of which shall be in vernacular intelligible to the inhabitants of the local
area concerned.
(2) A copy of the notification shall be pasted in a conspicuous place in the
office of the Deputy Commissioner of the District and, in such other places
as the Government may direct.
(3) The notification shall also be made either by announcement through mike in
the local area concerned or through any other publicity media, as the
Government may direct.
5. Consideration of objections -
(1) On publication of the notification under section 4, any person residing
within the local area concerned in relation to which any such notification
has been published or any municipality or panchayat affected by any such
notification may submit objections, in writing, to the State Government
within thirty days from the date of publication of such notification.
(2)
The State Government shall consider all such objections before proceeding
further.
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6. Constitution of Municipality - On the expiry of thirty days from the date of
publication of the notification under section 4 and after consideration of the
objections which may be submitted in this regard, the State Government may, by a
notification, constitute: -
(1) such a larger urban area as a Municipal Corporation;
(2) such a smaller urban area as a Municipal Council; and
(3) such an area in transition from a rural area to an urban area as a Nagar
Panchayat.
7. Incorporation of Municipality -
(1) The municipality constituted under section 6 shall, by its name, be a body
corporate with perpetual succession and a common seal, and subject to any
restriction or qualification imposed by this Act or any other law shall be
vested with the capacity of suing or being sued in its corporate name, enter
into contracts and do all things necessary for the purpose of this Act;
(2) All actions of the Municipal Corporation, Municipal Council and Nagar
Panchayat shall expressly be taken in the name of such municipalities.
(3) Subject to the provisions of this Act, the municipality shall have the power
to acquire, hold and dispose of properties.
8. Classification of Municipal areas - The State Government may, for the purpose
of application of the provisions of this Act may classify any municipal area on the
basis of the population as ascertained at the last preceding census of which the
relevant figures have been published, as –
(1) a larger urban area, namely, Municipal Corporation if the local body area is
having population of one lakh and fifty thousands and above;
(2) a smaller urban area, namely, Municipal Council if the local body area is
having population of forty thousand and above and less than one lakh and
fifty thousand;
Provided a Municipal Council shall be classified as
Class ‘A’ Municipal Council, if the local body area is having population of one
lakh and above and less than one lakh and fifty thousand; and
Class ‘B’ Municipal Council, if the local body area is having population forty
thousand and above and less than one lakh; and
(3)
a transitional area, namely, Nagar Panchayat if the local body area is having
population of twelve thousand and above and less than forty thousand.:
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Provided that for the purpose of classification of municipal areas in any hill area,
pilgrim centre, tourist centre or mandi town, the Government may, by notification,
determine separate size of population for each class of such municipal areas.
Provided further that the Government may, having regard to the economic importance
and such other factors in such local area, as it deem fit, and at its discretion, determine
any local area irrespective of population specified in sub-section (3 ) constitute, by
notification, a Nagar Panchayat.
9. Power to abolish or alter limits of municipal area - The State Government may,
by notification, -
(1) withdraw any municipal area or part thereof from the operation of this Act,
or
(2) exclude from a municipal area any local area comprised therein and defined
in the notification, or
(3) include within a municipal area any local area contiguous to such municipal
area and defined in the notification, or
(4) divide any municipal area into two or more municipal areas, or
(5) unite two or more contiguous municipal areas so as to constitute one
municipal area, or
(6) revise the boundary of two or more contiguous municipal areas:
Provided that the procedure laid down for the constitution of a municipal area
under this Act shall be followed mutatis mutandis in each such case:
Provided further that the views of the municipality affected by any such
notification shall be invited by the State Government within such time as may be
specified in the notification, and the State Government shall consider the views of
the municipality as aforesaid before a final declaration is made:
Provided also that no such notification shall be issued where any part of the
municipal area or any neighbouring area is a Cantonment or part of a Cantonment,
as defined in the Cantonment Act, 2006 (Central Act No. 41 of 2006).
10. Power to include certain dwelling house, manufactory, etc., within a
particular municipal area - Where a dwelling house, manufactory, warehouse, or
place of industry or business is situated within the limits of two or more adjacent
municipal areas, the State Government may, notwithstanding anything contained
elsewhere in this Act, by notification, declare the municipal area within which such
dwelling house, manufactory, warehouse, or place of industry or business shall be
deemed to be included for the purposes of this Act.
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11. Disposal of assets and liabilities -
(1) Where any local area which is within the jurisdiction of any other local
authority is constituted as or included in a municipality, the Government
may pass such orders as they may deem fit as to the transfer to such
municipality, or disposal otherwise, of the assets or institutions of any such
local authority in the local area and as to discharge of the liabilities, if any,
of such local authority relating to such assets or institutions.
(2) Where any local area is excluded from a municipality and included within
the jurisdiction of any other local authority, the Government may pass such
orders as they deem fit, as to the transfer to such local authority or disposal
otherwise, of the assets or institutions of such municipality in the local area
and as to the discharge of the liabilities, if any, of such municipality relating
to such assets or institutions.
12. Power to exempt municipal area from operation of any provisions of the Act
unsuited thereto –
(1) The State Government may, by notification, and for reasons to be recorded
in writing, exempt municipal areas from the operation of any of the
provisions of this Act considered unsuited thereto, and, thereupon, the said
provisions shall not apply to such municipal areas until such provisions are
applied thereto by notification.
(2) While a notification under sub-section (1) remains in force, the State
Government may make rules consistent with the provisions of this Act in
respect of any matter within the purview of such provisions from the
operation of which the municipal areas as aforesaid are exempted.
13. Reconstitution of Municipal Corporation, Municipal Council and Nagar
Panchayat -
(1) On and from the date of the commencement of this Act, the Municipal
Corporation, the Municipal Council and the Nagar Panchayat, already
constituted under the relevant provisions of various Acts shall be deemed to
have been constituted and incorporated under this Act and are declared to
be the Municipal Corporation, the Municipal Council and the Nagar
Panchayat, as the case may be, with their respective names and in their
respective areas.
(2) Any appointment, notification, notice, tax, scheme, license, permission,
rule, regulation or form made or issued or imposed under the Acts referred
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to in sub-section (1) in respect of such municipality which was in force as
applicable immediately before the date of the commencement of this Act
shall continue to be in force and be deemed to have been made, issued or
imposed under the provisions of this Act unless and until it is superseded by
any appointment, notification, notice, tax, scheme, license, permission, rule,
regulation or form made or issued or imposed under the Act.
14. Review by the Government after publication of census report
(1) The State Government shall undertake a review of the existing municipalities
wherever they consider necessary and upgrade or reorganize them, having regard to the
peri-urban areas and the out growths of the existing Municipal Corporation, Municipal
Council and Nagar Panchayat, as the case may be, within one year after taking into
consideration the Census report published by the Government of India.
(2) The Government may also consider converting panchayats into Nagar Panchayats
after publication of census report by Government of India:
Provided that the procedure laid down for constitution of a municipal area shall be
followed mutatis mutandis in each such case.
Chapter - 3
Constitution of Councils
15. The Council -
(1) There shall be constituted for each municipality a body of members to be
called the Council having authority over the municipality.
(2) The Council shall consist of -
(a) such number of elected councillors, as there are wards within the
municipal area as specified in section 17 of this Act :
Provided that the State Government shall determine the number of councillors
for each municipality before every election, by notification ;
(b) in addition to the elected members specified in clause (a), the
following shall also be members in the Council :-
(i)
every Member of Legislative Assembly of the State
representing a constituency of which a municipality or a
portion thereof forms part,
(ii)
every Member of the House of People representing a
constituency of which municipality or a portion thereof forms
part,
(iii)
every member of the Council of the States registered as an
elector within the municipality:
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Provided that the members specified in clause (b) shall participate in the
meetings of the Council but shall not have right to vote.
(c ) persons having special knowledge or experience in municipal
administration co-opted by the Councillors specified in clause 2 (a) as
prescribed shall be three in the case of Municipal Corporation, two in the
case of Municipal Council and one in the case of Nagar Panchayat:
Provided also that in the case of Municipal Corporation, two among the co-
opted members; and in case of Municipal Council, one among the co-opted
members, shall be woman;
Provided further that the members co-opted under clause (c) shall participate in
the meetings of the Council but shall not have right to vote.
(d) persons belonging to minorities co-opted by the councillors specified in clause
(a) as prescribed shall be three in the case Municipal Corporation, two in the case
of Municipal Council and one in the case of Nagar Panchayat:
Provided that in the case of Municipal Corporation, two among the co-opted
members shall be women:
Provided further that in the case of Municipal Council, one among the co-opted
members shall be woman:
Provided further that while co-opting members belonging to minorities, preference
may be given to the members belonging to such of the minority communities
which are not represented in the Council through direct election:
Provided further that the members co-opted under clause (d) shall participate in the
meetings of the Council but shall not have right to vote.
16.
Constitution of Council -
(1) All the seats specified in clause 2 (a) of section 15 shall be filled by direct
elections, and for this purpose, each municipal area shall be divided into
territorial constituencies referred as Wards.
(2) (a) In every Council , as nearly as possible but not exceeding fifty percent
of the total seats of elected members shall be reserved for
(i) Scheduled Castes,
(ii) Scheduled Tribes,
(iii) Backward Classes, and
(iv) Women
The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall as
nearly as possible be the same proportion to the total number of seats to be filled up by
direct election in that municipality as the population of the Scheduled Castes and
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Scheduled Tribes as the case may be bears to the total population of the municipality
and such seats shall be allotted by rotation to different wards in the municipality under the
direction, control and supervision of the State Election Commission in the manner
prescribed by it.
After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number
of seats to be reserved for the Backward Classes shall be such number of seats within the
overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes
and the Backward Classes in the manner prescribed. Such seats shall be allotted by
rotation to different wards in the municipality during subsequent elections under the
direction, control and supervision of the State Election Commission in the manner
prescribed by it;
(b) As nearly as possible but not exceeding fifty percent of the total number of
seats reserved under clause (a) shall be reserved for women belonging to the
Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case
may be;
(c)As nearly as possible but not exceeding fifty percent of the total number of the
seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes
shall be reserved for women.
(d) Such total number of seats reserved for women belonging to the Scheduled
Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall
be allotted by rotation under the direction, control and supervision of the State
Election Commission to different wards in a municipality in such manner as may
be prescribed by it;
Explanation -For the removal of doubts it is hereby declared that the principle of
rotation for the purposes of reservation of seats for the Scheduled Castes, Scheduled
Tribes, Backward Classes and Women under this sub-section shall commence from the
first election held after the commencement of this Act:
Provided that the State Government shall undertake a review every ten years in the matter
relating to reservation of offices under clause (a) sub-section (2):
Provided further that the reservation of offices under clause (a) sub-section (2) shall cease
to have effect on the expiration of the period specified in Article 334 of the Constitution
of India.
(3) Every member elected under clause (a) of sub-section (2) of section 15 shall
have the right to vote in the meetings of the Council.
(4) The Council shall, unless dissolved earlier, continue for a period of five years from the
date of its first meeting after the general election and no longer.
(5) An election to constitute a Council shall be completed, as the case may be,
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(a) before the expiry of the period specified in sub-section (4), or
(b) before the expiry of a period of six months from the date of its
dissolution:
Provided that where the remainder of the period for which the dissolved
Council would have continued is less than six months, it shall not be necessary
to hold an election for constituting the Council for such period.
(6) The Council constituted upon its dissolution before the expiration of the
period specified in sub-section (4) shall continue only for the remainder of
the period for which the dissolved Council would have continued under
sub-section (4) had it not been so dissolved.
(7) In a municipal area newly constituted, the local authority having jurisdiction
over such area immediately before such area was constituted as a municipal
area, shall continue to have jurisdiction and to perform its functions till such
time, not exceeding six months from the date of the notification under
section 6, as may be necessary for holding elections.
(8) If, for any reason, it is not possible to hold the general election of a Council
before the expiry of the period of five years specified in sub-section (4), the
Council shall stand dissolved on the expiration of the said period, and all
the powers and functions vested in the municipal authorities under this Act
or under any other law for the time being in force shall be exercised or
performed, as the case may be, by such person or persons to be designated
as Administrator or Board of Administrators as the State Government may,
by notification, appoint.
17. Election of Councillors: (1) Each council shall consist of such number of
elected councillors as prescribed by the Government. The number of Councillors
shall be determined on the basis of population ascertained at the last preceding
census of which relevant figures have been published.
(2) The superintendence, direction and control of preparation of electoral
rolls, reservation of seats to various categories, rotation of seats and the
conduct of elections of councillors under this Act and the rules made
thereunder shall vest in the State Election Commission constituted under
Article 243-K read with Article 243 -ZA of the Constitution of India.
18. Disqualification of Councillors:
(1) Notwithstanding anything contained in this Act, a person shall be disqualified for
election or after election for holding the office as councilor, if such person:
(a) is not a citizen of India;
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(b) is so disqualified by or under any law, for the time being in force, for the
purpose of elections to the Legislature of the State:
Provided no person shall be disqualified on the ground that he is less than twenty
five years of age when he has attained the age of twenty one years,
(c) is in the service of the Central or State Government or any local authority;
(d) is in the service of any institution receiving aid from the Central or State
Government or any local authority;
(e) has been adjudged by a competent court to be of unsound mind;
(f) applies to be adjudicated or is adjudicated as an insolvent;
(g) has been dismissed from the service of the Central or State Government or any
local authority for misconduct and has been declared to be disqualified for
employment in the public service;
(h) has been sentenced by a criminal court, whether within or outside India, to
imprisonment for an offence, other than a political offence for a term exceeding six
months or has been ordered to furnish security for keeping good behavior under
section 109 or section 110 of the Code of Criminal Procedure, 1973 and such
sentence or order not having subsequently been reversed, or absconding being an
accused in a criminal case for more than six months;
(i) has under any law for the time being in force become ineligible to be a member
of any local authority;
(j) holds any salaried office or office of profit under the Municipality:
Provided that a person shall not be deemed to hoExcerpt shown. Open the full act in Lexace.