The MADHYA PRADESH MUNICIPAL CORPORATION ACT, 1956

Madhya Pradesh Municipal Corporation Act, 1956 
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MADHYA PRADESH MUNICIPAL CORPORATION  
ACT, 1956  
 
PART - I 
Chapter -I 
 
PRELIMINARY 
 
1. Short title, extent and commencement.- 
 
(1)   This Act may be called the Madhya Pradesh Municipal Corporation Act, 1956. 
(2)   It extends to the whole of Madhya Pradesh. 
(3)  It shall apply to the larger urban areas with effect from the date on which they are notified as 
such under section 7.‖ 
 
2. Repeal of enactment.  
 
(1) On the application of this Act to any city, the Municipality if that city shall, save as 
hereinafter provided, be deemed to have been withdrawn from the operation of the Municipal 
Law. Provided that on the application of this Act to any city under sub -section (3) of section 1, 
the authority or any institution if performing the Municipal functions shall cease to perform such 
function and all asse ts and liabilities of such authority or institution shall vest in the Municipal 
Corporation constituted under this Act. 
(2) This withdrawal shall not revive any office, authority or thing abolished by the Municipa l 
Law or affect the validity of anything done or suffered, or any right, title obligation or liability 
accrued, before the application of this Act. 
(3) Nothing herein contained shall deprive any person of any right to property,  or other private 
right, except as hereinafter provided.  
 
3. Transfer of liabilities.- 
 
On the application of this Act to any city under sub-section (3) of section1- 
(1)  All debts and obligations incurred, all contracts entered into with, and all matters a nd things 
engaged to be don e by, or for, the Municipality of such city before this Act is made applicable 
shall be deemed to have been incurred, entered into with or engaged to be done by, or for, the 
Corporation as constituted under this Act. 
(2)  Every appointment, rule, byelaw, f orm notification, notice tax scheme, order, licence or 
permission made, issued, imposed, sanctioned or given under the Municipal Law, shall so far as 
it relates to the Municipality of such city and so far as it is in force at the time of the application 
of, and is not inconsistent with , this Act, be deemed to have been made, issued, imposed, 
sanctioned or given under the provisions of this Act, and shall unless previously altered, 
modified, cancelled, suspended, surrendered or withdrawn, as the case may be  issued, imposed, 
sanctioned or given. 
(3)  All rates, taxes and sums of money due to the Municipalities of such city when this Act is 
made applicable shall be deemed to be due to the Corporation. 
(4)  All suits or other legal proceedings, civil or crimina l, instituted by or against the 
Municipality of such city may be continued by or against the Corporation. 
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Explanation.- For removal of doubt it is hereby declared that any rules or byelaws made or 
anything done under the Municipal law shall not  be deemed to be inconsistent with the 
provisions of this Act merely on the ground that the authority which framed the rules or byelaws 
or the procedure followed in making such rules or byelaws or doing such thing was different 
from that prescribed under this Act. 
 
4. Provisional appointment of Commissioner  
 
The Government may, by notification, appoint a person to exercise, perform or discharge  the 
powers, duties and functions which are conferred or imposed by or under this Act on the 
Commissioner until that officer is appointed under section 54.  
 
5. Definitions. 
 
In this Act, unless there is anything repugnant in the subject or context,- 
(1) ―Administrator‖ means  a person or committee of persons appointed by the Government 
under this Act to exercise the powers and perform the duties of the Corporation. 
(4) ―backery‖ means any place in which bread or confectionery including biscuits is backed, 
cooked or prepared in any manner whatsoever for he purposes of profit or sale; 
(5) ―brothel‖ means any house, room or place, or any part thereof, occupied or let or intended to 
be occupied or let as a single tenement which is habitually used by one or more than one woman 
for the purpose of prostitution; 
(7) ―building‖ includes a house, outhouse, stable, shed, hut and other enclo sure or structure 
whether, of masonary, bricks, wood, mud, metal or any other material whatever, whether used as 
a human dwelling or otherwise, and  also includes verandahs, fixed platforms, plinths, doorsteps, 
walls including compound walls, and fencing a nd the like but does not include a tent or a 
temporary shed erected on ceremonial or festive occasions; 
(8)  ―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; 
(9) ―cesspool‖ includes a settlement tank or other tank for the reception and disposal of foul 
matter from building; 
(11) ―commissioner‖ means the Municipal Commissioner for the Municipal Corporation 
appointed under section ---- and includes any municipal officer empowered under this Act to 
exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the 
extent to which such officer is so empowered; 
(12)  ―closet accommodation‖ means a receptacle for human excreta, together with the structure 
comprising such receptacle and the fittings and apparatus connected there with; 
(13)  ―corporation‖ means the municipality of a larger urban area; 
(14) ―councilor ― means  any person who is legally a member of the Corporation. 
(15)   ―dairy‖ includes any farm, cattle -shed, m ilk store, milk shop, or other place from which 
milk is supplied for sale or in which milk is kept for the purpose of sale or manufactured into 
butter, ghee, cheese, curds or dried or conde nsed milk for sale, and in the case of a dairy -man 
who does not occupy any place for the sale of milk but does not include a shop or othe4r place in 
which milk is sold for consumption on the premises only; 
(16)  ―dairy man‖ includes the keeper  of a cow, b uffalo, goat, ass or other animal, the milk of 
which is offered or intended to be offered for sale for human consumption and any purveyor of 
milk and any occupier of a dairy; 
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(17)   ―dairy produce‖ includes milk, butter, ghee, curd, buttermilk, cheese and every product of 
milk; 
(18)  ―dangerous disease‖ means cholera, plague, smallpox, tuberculosis, cerebrospinal 
meningitis and diphtheria, leprosy, other than lecuoderma, and any other disease which the 
Municipality may, by public notice declare to be a dang erous disease for the purposes of this 
Act; 
(18-b)  ―district‖ means a district as constructed in the Madhya Pradesh Land Revenue Code, 
1959. 
(20)  ―drain‖ includes a sewer, tunnel, pipe ditch, gutter or channel, and any cistern flush, tank, 
septic tank, or other device for carrying off or treating sewage offensive matter, polluted mater, 
sullage, waste water, rainwater or sub -soil water and any culvert, ventilation, shaft or pipe or 
other appliance or fitting connected therewith, and any ejectors, compress ed air mains, sealed 
sewage mains and special machinery or apparatus for raising, collecting, expelling or removing 
sewage or offensive matter from any place; 
(21) ―drug‖  means any substance used as medicine or in the composition or preparation of 
medicines whether for internal or external use; 
(22)  ―eating house‖ any premises to which the public are admitted and where any kind of food is 
prepared or supplied for consumption on the premises for the profit or gain of person owing or 
having an interest in or managing such premises; 
(23) ―erection or re-erection‖ of building means and includes- 
(a)  newly to erect a building on any site whether previously built upon or not; 
(b)  any material alteration or enlargement of any building; 
(c) the conversion by str uctural alteration into a place for human habitation of any building not 
originally constructed for human habitation; 
(d)  conversion into more than one dwelling house a building originally constructed as one 
dwelling house only; 
(e)  the conversion by str uctural alteration of one or more places of human habitation or 
tenements into a greater or lesser number of such places or tenements; 
(f)  any structural alteration in a building so as to affect its drainage or sanitary arrangements or 
its stability; 
(g)  the addition of any rooms, buildings, out-houses, or other structure  to  a building; 
(h)  the construction of the whole or any part of the external walls of a building or the renewal of 
the posts of wooden building; 
(i)  conversion by a structural altera tion two or more tenements in a building into a greater or 
lesser number; 
(j)  any building of which more than one half of the cubical contents of the building above the 
level of the plinth have been pulled down, burnt or destroyed;  
(24)  ―essential servi ce‖ means the service in connection with the municipal fire -brigade, the 
municipal air compressor, the pumping stations, drainage, conservancy or water supply of the 
city and any such other service as may be notified by the government and then essential of ficer 
or servant means every person employed in the essential service. 
(25) ―factory‖  has the meaning assigned to it under the Factories Act, 1948; 
(26) ―filth‖ includes sewage, night soil and all offensive matter; 
 (27)  ―food‖  means any article used as  food or drink for human consumption other than  drugs 
and water and includes- 
(a)  any article which ordinarily enters into or is used in the composition or preparation of human 
food; or 
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(b)  any flavouring or colouring matter; spices or condiments, 
(29) ―hut‖ means any building which is constructed  principally of wood, mud leaves, grass, 
cloth or thatch and includes any temporary structure of whatever size or any small building of 
whatever material made which the corporation may declare to be a hut for t he purpose of this 
Act; 
(29-a)  ―Industrial Township‖  means and Industrial Township specified under section 7. 
(30) ―keeper‖ means the person in charge of a lodging house, and may include the owner for the 
purposes of any rules or byelaws made under this Act; 
(32)  ―land‖ includes benefit arising out of land, houses and things attached to the earth, or 
permanently fastened to any thing attached to the earth and also land which is being built upon or 
is built upon or covered with water; 
(56) ―licensed plumb er‖ means respectively person licensed by the Municipality as a plumber 
under this Act; 
(i) ―licensed surveyor‖ means respectively person licensed by the Municipality as a surveyor 
under this Act; 
(ii) ―licensed architect‖ means respectively person license d by the Municipality as a architect 
under this Act; 
(33)  ―lodging house‖ means a building or part of a building where lodging with or without a 
board or other services is provided for a monetary consideration and includes a collection of 
buildings or a building or a part of a building used for the accommodation of pilgrims and travels 
whether on payment or otherwise; 
(34)  ―market‖ or ―Bazar‖ means- 
(a)  a place where person assemble for the sale of meat, fish, fruit, vegetables, live -stock or any 
other article of food of a perishable nature, whether or not there is any collection of shops, or 
ware-houses or stalls for the sale of other articles in such place; or 
(b) any place of trade other than a place referred in sub -clause (a) where there  is a collect ion of 
shops or warehouses or stalls; 
    and shall include any ―hat‖ or place where trade or business is carried on either weekly or bi -
weekly or on certain fixed days of the week; 
(34-a)  ―municipal area means the territorial area of a Municipality as is notified by the Governor 
under section-------- 
(35)  ―municipal drain‖ means a drain vested in the Municipality; 
(35-a)  ―municipal law‖  means a law for the time being in force for the organization and 
administration of municipalities; 
(36) ―municipal market‖ means a market vested in or managed by the Municipality; 
(37)  ―municipal slaughter house‖  means a slaughter house vested in or managed by the 
Municipality; 
(38) ―municipal tax‖ means any tax levied by the Municipality under the provisions of this Act; 
(39)  ―municipal water works‖ means a water work vested in or managed by the Municipality; 
(39-a) ―nazul land‖ means nazul lands within the city for the management, and disposal of which 
special rules have been made by the Government. 
(40) ―nuisance‖ i ncludes 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 of the community or which is or may be dangerous to life or injurious  to the health or 
property or offends against public morality; 
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(41)  ―occupier‖ means any person in actual possession of any land  or building and includes an 
owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable t o 
pay rent or not; 
(42)  ―offensive matter‖ includes animal carcasses, dung, dirt, putrid and purifying substances, 
and filth of any kind but does not include sewage; 
(43)   ―owner‖ when used with reference to any land or building includes the person for t he time 
being receiving  the rent of the land or building or of any 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 receive suc h rent if the land, building or part there of were 
let to a tenant, or a manager or mortgagee  in possession; 
(43-a)  ―population‖ means the population   as ascertained  at the preceding census of which the 
relevant figures have been published; 
(45) ―private street‖ means a street which is not a public street; 
(46)―public analyst ― means any person appointed by the Corporation to perform the duties and 
to exercise the powers of a public analyst prescribed by byelaws under this Act; 
(47)  ―public place‖ mean s a space, not being private property, which is open to the use or 
enjoyment of the public, whether such space is vested in the Corporation or not; 
(48) ―public securities‖ means- 
(a) securities of the Centre or any State Government; 
(b)  securities, stock , debentures, or shares the interest where on has been guaranteed by the 
Central or 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 t ime being in force in any part of the 
Republic of India; 
(d) securities expressly authorized by any order which the State Government make in this behalf; 
(49)  ―public street‖ means any street- 
(a) over which the public have a sight of way; or 
(b)  which h ave been heretofore leveled, paved, metalled, asphalted, channeled, sewered or 
repaired out of municipal or other public funds; or 
(c)  which under the provisions  of the Act becomes a public street, and includes- 
(i)  the roadway over any public bridge or causeway; 
(ii)  the footway attached to any such street; 
(iii)  public bridge or causeway, and the drains attached to any such street, public bridge or 
causeway; 
(50)  ―registered trade union‖ means a trade union registered under the Indian Trade Union Ac t, 
1926; 
(51) ―reside‖  a person shall be deemed to reside in any dwelling house or hut 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 or hut, merely 
because he is absent, from it or has elsewhere another dwelling house or hut in which he resides, 
if there is the liberty of returning to it at any time and no abandonment of the intention of 
returning to it; 
(52) ―rubbish‖ includes dust ashes, broken bricks, mortar, broken glass garden or stable refuse or 
refuse of any kind which is not ―offensive matter‖ or ―sewage‖ as defined in this section; 
(53) ―sewage‖ means night soil, and other contents of water closets, latrine s, privies, urinals, 
cesspools, or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and other  
like places, and includes, trade effluents and discharges from manufactories of all kinds; 
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(54) ―sewage connection‖ includes any drain con necting any water closet, latrine, privy, urinal, 
bathroom, sink, sullage tray, manhole or trap with any drain for sewage and other offensive 
matter; 
  (54-a) ―social audit‖ means the review of the impact of policies, programmes, schemes and 
procedures adopted or implements by any municipal authority, by a group or groups of persons 
residing within the municipal area; 
(54-b)  ―State Election Commission‖ means the State Election Commission constituted under 
Article 243-K of the Constitution; 
(55)  ―street‖ m eans  any road, foot -way, square, court alley or passage, accessible, whether 
permanently or temporarily   to the public, whether a through fare or not; 
       and shall  not 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 persons as 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 using as aforesaid; 
     and shall include also the drains on either side and the land whether covered or not by any 
pavement, verandah or other erection, which lies on either side of the roadway up to the 
boundaries of the adjacent property, whether that property be private property or property 
reserved by Government or by the Corporation for any purpose other than a street; 
(56) ―street line‖ means a line dividing the land comprised in and forming part of a street from 
the adjoining land; 
(56-a)  ―tax‖ includes any toll, cess, fee or other import levied or leviable under this Act; 
(57) ―traffic sign‖  include, all signals, warning sign posts, direction posts, sign or other devices, 
erected by any person or authority authorized by law to do so for the information, guidance or 
direction of person using roads or of wheeled and other traffic; 
(58)  ―vehicle‖ includes a bicycle, tricycle, motor car and every wheeled conveyance which is 
used capable of being used on a public street; 
(59) ―water closet‖ means a closet accommodation used or adopted or intended to be used in 
connection with the munici pal water works and comprising provisions for flushing  of the 
receptacle by means of a water supply and having connection with a sewer; 
(60)  ―water connection‖ includes- 
(a) any tank cistern, hydrant, stand pipe, meter or tap situated on private property  and connected 
with a water-main or pipe belonging to the Municipality; 
(b) the water pipe connecting such tanks, cistern, hydrant, stand pipe, meter or tape with such 
water-main or pipe; 
(61)  ―water for domestic purposes‖ shall  not include water for cat tle, or for horses, or for 
washing vehicles where the cattle, horses or vehicles are kept for sale or hire or by a common 
carrier and shall not include water for any trade, manufacture or business, or for building 
purposes, or for watering, gardens, or for fountains, or for any ornamental purposes; 
(62) ―water work‖ includes a lake stream, spring, well, pump, reservoir,  cistern, tank duct 
whether covered or open sluice, main pipe, culvert, engine, water truck, hydrant, stand pipe, 
condint, and machinery, l and,  building or thing for supplying water or for protecting sources of 
water supply; 
(63) ―workshop‖ means any building, place or premises or any part thereof, not being a factory, 
to or over which the employer of the persons working there in has the rig ht of access or control, 
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and in which or within the compound or precincts of which any manual labour is employed or 
utilized in aid of or incidental to any process for the following purposes:- 
(i) the making of any article or part there of; or 
(ii) the altering repairing, ornamenting or finishing of any article; or 
(iii) the adopting for sale of any article. 
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PART -II- CONSTITUTION AND GOVERNMENT 
CHAPTER II- THE MUNICIPAL AUTHORITY 
 
6. Municipal authorities charged with the execution of this Act-  
 
The Municipal authorities charged with carrying out the provision of this Act shall be --- 
(a) The Corporation  
(b) The Mayor-in-Council 
(c) The Mayor 
(d) The Commissioner.  
 
7. Constitution of Municipal Corporation.- 
 
(1)  There shall be constituted a Municipal C orporation for a larger Urban area in accordance 
with the provisions of this Act: 
        Provided that a Corporation under this section may not be constituted in such urban area or 
part thereof as the Governor may, having regard to the size of the area and the municipal services 
being provided or proposed to be provided by an industrial establishment or a group of such 
establishments in that area and such other factors as he may deem fit, by public notification, 
specify to be an industrial township. 
(2)   In this section ‗a larger urban area‘  means such area as the Governor may having regard to 
the population of the area, the density of the population therein, the revenue generated for local 
administration, the percentage of employment in non -agricultural activities, the economic 
importance or such other factors as he may deem fit, specify by public notification for the 
purpose of this Act. 
(3)    The Corporation shall be a body corporate having perpetual succession and a common seal 
and shall by the said name sue and be sued. 
 
8. Power of Corporation to acquire and hold movable and immovable property.-   
 
The Corporation shall have power to acquire and hold property, both movable and immovable, 
within or without the limits of the city and, subject to the pr ovisions of this Act and the rules and 
byelaws made there under, to transfer  any property held by itself and to contract and to do all 
other things necessary for the purpose of this Act. 
 
9. Composition of Municipal Corporation.-- 
 
(1)  A municipal corporation  shall consist of:- 
(a)  a Mayor that is chairperson elected by direct election from the Municipal area;  
(b)   Councillors elected  by direct election from the wards; 
(c) not more than six persons  having special knowledge or experience in the munic ipal 
administration, nominated by the State Government: 
    Provided that only a person residing within the municipal area and being otherwise not 
ineligible for election as a councilor, may be nominated. 
(d)  Members of the House of the people and the Mem bers of the  Legislative Assembly of the 
State representing constituencies  which comprise wholly or partly the municipal area; 
(e) Members of the Council of State registered as electors within the Municipal area; 
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    Provided that a member of the House of  the people and a member of the State Legislative 
Assembly as mentioned in clause (d) or a member of council of States, as mentioned in clause (e) 
may nominate his representative, who possesses such qualifications as may be prescribed in this 
behalf to attend the meeting of the Corporation. 
(2)  The persons nominated under clause (c) of sub -section (1) shall hold office during the 
pleasure of the State Government. 
(3)   Persons referred to in sub -section (1) shall be deemed to be councilors for all purposes  of 
this Act but the persons referred to in clause ©, (d) and (e) of sub -section (1) shall not have the 
right to vote in the meeting of the Corporation. 
(4) If any municipal area fails to elect a Mayor or any ward fails to elect a Councillor, fresh 
election proceedings shall be commenced  for such municipal area or ward, as the case may be, 
within six months to fill the seat, and until the seat is filled it shall be treated as casual vacancy: 
   Provided  that proceedings  of election of Speaker, or any of the Committee under the Act shall 
not be stayed, pending the election of such seat. 
 
10.  Determination of number and extent of wards and conduct of elections.-   
 
(1)   The State Government shall from time to time, by notification in the official gazette,  
determine the number and extent of wards to be constituted in each Municipal area: 
       Provided that the total number of wards shall not be more than  seventy and not less than 
forty in any municipal area. 
(2)   Only one councilor shall be elected from each ward. 
(3)  The formation of the wards shall be made in such a way that the population of each of the 
wards shall so far as practicable, be the same  throughout the city and the area included in the 
ward is compact. 
(4)     As soon as the formation of wards  a municipal area is completed, the same shall be 
reported by the State Government to the State Election Commission. 
(5) Omitted  
(6) Omitted 
 
11. Reservation of seats.- 
 
(1)    Out of the total number of wards determined under sub -section (1) of se ction 10 such 
number of seats shall be reserved for Scheduled  Tribes in every Municipal Corporation as bears, 
as nearly as may be the same proportion to the total number of seats to be filled by direct election 
in the Municipal Corporation as the populati on of the Scheduled Castes or of the Scheduled 
Tribes in the Municipal area bears to the total population of that area and such wards shall be 
those inn which the percentage of population of the Scheduled Castes or the Scheduled Tribes, as 
the case may be, is most concentrated. 
(2)   As nearly as possible twenty five percent of the total number of wards shall be reserved for 
other backward classes in such Municipal Corporation, where fifty percent or less seats are 
reserved for Scheduled Castes and Schedule d Tribes, and such seats shall be allotted by rotation 
to different wards in such manner as may be prescribed. 
          Provided that if from any ward so reserved nomination paper is filed for election, as a 
Councillor, b y any member of the backward clas ses, then the Collector shall be competent to 
declare it as unreserved. 
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(3)     Not less than one -third of the total number of seats reserved under sub -section (1) and (2), 
shall be reserved for women belonging to the Scheduled Castes or the Scheduled Trib es or other 
backward classes, as the case may be. 
(4)    Not less than one-third (including the number of seats reserved for women belonging to the 
Scheduled Castes, Scheduled Tribes and other backward classes), of the total number of seats to 
be filled by direct election in every Municipal Corporation shall be reserved for women and such 
seats, shall be allotted by rotation to different wards in a Municipal Corporation in such manner 
as may be prescribed. 
(5)   The reservation of seats under sub -sections (1), (2) and (3) shall cease to have effect on the 
expiration of the period specified in Article 334 of the Constitution of India. 
Explanation:   In this section ‗other backward classes‘ means category of persons belonging to 
backward classes as notified by the State Government.  
 
11.A  Reservation of the office of the Mayor.- 
 
(1)   Out of the total number of offices of Mayors of Corporations in the State, such number of 
offices of Mayors shall be reserved for scheduled Caste and Scheduled Tribes, as shall bear the 
same proportion, as nearly as possible as the population of each of these categories within the 
limits of all the Municipal Corporations in the State bears to the total population within such 
limits. 
(2)    As nearly as possible, twenty five perce nt of the total number of offices of Mayors shall be 
reserved for Other Backward classes. 
(3)    As nearly as possible one -third of the total number of offices of Mayor reserved under sub -
sections (1) and (2) shall be reserved for women belonging to the Sc heduled Castes, Scheduled 
Tribes or Other backward Classes, as the case may be. 
(4) As nearly as possible one -third (including the number of offices reserved for women 
belonging to the Scheduled Castes, Scheduled Tribes or Other Backward Classes) of the to tal 
number of offices shall be reserved for women. 
(5)  The aforesaid reservation shall be made in such manner as may be prescribed. 
(6)    The reservation of offices of Mayors under sub -sections (1), (2), and (3) shall cease to have 
effect on the expiration of the period specified in Article 334 of the Constitution of India. 
Explanation: In this section and in Section 11 the expression ‗Scheduled Castes, Scheduled 
Tribes and Other Backward Classes shall have the same meaning as assigned to them in the 
Madhya Pradesh Lok Seva (Anussuchit Jatiyon, Ansuchit Janjatiyon Aur Anya Pichhade Vargon  
Ke Liye Arakshan) Adhiniyam, 1994 (No.21 of 1994). 
 
12. Qualification of voters and their registration.- 
 
      Subject to the provisions of Section 13 and 14 every pers on who-(a) is not less than eighteen 
years of age on the 1 st January of the year in which the electoral roll for a ward is prepared or 
revised; 
(b)  is ordinarily resident in the ward within the meaning of Section 20 of the Representation of 
the People, Act, 1950 (No.43 of 1950), subject to modification that reference to ―Constituency‖ 
therein were a reference to ―area comprised in the ward‖, and  
(c) is otherwise qualified to be registered in the Assembly roll relatable to the ward; 
shall be entitled to be registered in then electoral roll of that ward: 
 
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Provided that- 
(i)   no person shall be entitled to be registered in the electoral roll more than one ward in the 
same city; 
(ii)    no person shall be entitled to be registered in the electoral roll for an y ward more than  
once. 
 
13. Disqualification of voters.- 
 
 (1) A person shall be disqualified for registration in the electoral roll if he- 
(a)   is not citizen of India; or  
(b)  is of unsound mind and stands so declared  by a competent court; or 
(c) is convicted of an offence under  the Protection of Civil Rights Act, 1955 (No. 22 of 1955), 
unless a period of five years  or such lesser period as the State Government  may allow in any  
particular case, has elapsed since his conviction; or 
(d)   is for the  time being disqualification from voting under the provision of any law relating to 
corrupt practices and other offences in connection with election. 
(1-a)  The name of any person who become so disqualified after registration shall forthwith be 
struck off the electoral roll in which it is included: 
       Provided that the3 name of any person struck off the electoral roll  by reason of a 
disqualification under clause (d) of sub -section (1) shall forthwith be reinstated in that roll if 
such disqualification is, during the period such roll is in force removed under any law 
authorizing such removal. 
―(2)  If the State Election Commission or an Authority appointed by it, on an application made to 
it or on its own motion, is satisfied after such enquiry as it thi nks fit that any entry in the 
electoral roll of the Corporation- 
(a)   is erroneous or defective in any particulars; 
(b)  should be transposed to another place in the roll ; or 
(c)    should be deleted on the ground that the person concerned is dead or has  ceased to be 
ordinarily resident in the ward or is otherwise not entitled to be registered in that roll; 
it shall amend , transpose or delete the entry: 
    Provided that before taking any action on the ground that the person concerned has ceased to 
be or dinarily resident, in the ward or that he is otherwise not entitled to be registered in the 
electoral roll of that ward, the State Election Commission or the authority, as the case may be, 
shall give the person concerned a reasonable opportunity of being h eard in respect of the action 
proposed to be taken in relation to him. 
Explanation.- The expression ‗ordinarily resident‘ shall have the same meaning as is assigned to 
it in clause (b) of Section 12. 
 
14. Preparation of Electoral rolls and conduct of Elections.- 
 
(1) The Superintendence, direction and control of the preparation of electoral rolls for and the 
conduct of all elections of Councillors and Mayors of the Municipal Corporation shall be vested 
in the State Election Commission. 
(2)   The State Gover nment shall, in consultation with the  State Election Commissions, make 
rules for the preparation of electoral rolls and conduct of all elections of Councillors and Mayors 
of Municipal Corporations. 
 
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12 | P a g e  
 
14-A.  Account of Election Expenses.- 
 
(1)    Every Candidate at an election of Mayor shall, either himself or by his election agent, keep 
a separate and correct account of all expenditure in connection with the election incurred or 
authroised by him or by his election agent between the date on which he has been  nominated and 
the date of declaration of the result thereof, both days  inclusive. 
Explanation-I.- any expenditure incurred or authorized in connection with the election of a 
candidate by a political party or by any other association or body of persons or  by any individual 
other than the candidate or his election agent shall not be deemed to be expenditure in connection 
with the election incurred or authorized by the candidate or by his election agent for the purpose 
of this sub-section. 
Explanation-II.- For the removal of doubt, it is hereby declared that any expenditure incurred in 
respect of any arrangements made, facilities provided or any other act or thing done by any 
person in the service of the Government and belonging to any of the classes mentione d in clause 
(7) of Section 123 of the Representation of the People Act, 1951, in discharge or purported 
discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be 
expenditure in connection with the election incurred  or authorized by a candidate or by his 
election agent for the purpose of this sub-section. 
(2)   The total of the said expenditure shall not exceed such amount as may be prescribed by the 
State Government in consultation with the State Election Commission. 
(3)    The account of expenditure shall contain such particulars as may be prescribed by the State 
Election Commission. 
 
14-B. Lodging of account of election expenses.- 
 
       Every contesting candidate at an election of Mayor shall, within 30 days from  the date of 
election of the returned candidate lodge with the officer notified by the State Election 
Commission and account of his election expenses which shall be a true copy of the account kept 
by him or by his election agent under Section 14-A. 
 
14.C.  Disqualification for failure to lodge account of election expenses.-  
 
If the State Election Commission is satisfied that a person- 
(a)   has failed to lodge an account of election  expenses within the time and in the manner 
required by or under this Act, and 
(b)     has n o good reason or justification for the failure, the State Election Commission shall, by 
order published in the Official Gazette, declare him to be disqualified and any such person shall 
be disqualified for being chosen as and for being a councilor or a Mayor of the Corporation, for a 
period not exceeding five years from the date of the order. 
 
14-D.  Removal or reduction of period of Disqualification.- 
 
The State Election Commission, on making an application within thirty days from the da te of  
publication of the order, passed under clause (b) of Section 14 -C, in the official Gazette may for 
reasons to be recorded in writing remove any disqualification or reduce the period of any such 
disqualification. 
 
Madhya Pradesh Municipal Corporation Act, 1956 
13 | P a g e  
 
 
15. Eligibility for voting.- 
 
Every person registered as a voter in the municipal electoral roll, for the time being in operation 
of a ward, and no person who is not so registered, shall be eligible to vote at any election for the 
councilors or Mayor: 
       Provided that no person shall vote more than once in any election of the councilors or an 
election of the Mayor, as the case may be. 
 
16. Qualification for election as Mayor or Councillor- 
 
(1)   Subject to the provisions of this Act, a person who is enrolled in the Municipal electoral r oll 
as a voter, shall be qualified to be a candidate- 
(a)   for the election of Mayor, if he is not less than 25 years of age; and 
(b)      for the election of Councillor, if he is  not less than twenty-one years of age. 
(2)    No person who is a candidate for any one ward shall be a candidate for any other ward. 
(3)      Any person who ceases to be a Mayor or a Councillor shall, if qualified under sub -section 
(1), be eligible for re-election as such. 
(4)     If a person is elected for the Office of Mayor and Councillor both, he shall have to resign 
from one of the office within seven days from the date on which he is declared elected. 
 
17.   General disqualification for becoming a Councillor or Mayor-  
 
(1) No person shall be a Councillor or Mayor, who- 
(a) (i)  has been convicted of annoffence punishable under section153 -a, or section 171 -E or 
Section 171-F, or sub -section (2) or sub -section (5)  of Section 505 of the Indian Penal Code 
1860 (No. 45 of 1860) or under the protection of Civil Rights Act, 1955 (No. 22 of 1955) or 
under  section 125 of the Representation of the people Act, 1951 (No.43 of 1951) or Section 3 
and 4 of the Dowry Prohibition Act, 1961 (No.28 of 1961) or Section 10 or Section 11 of the 
Madhya Pradesh Local Authorities (Electoral Offenc es) Act, 1964(N0. 13 of 1964 unless a 
further period of six years has elapsed since his release after undergoing the sentence; 
(ii)  has been convicted by a court in India,- 
(a)     for an offence   not falling under sub -clause(i) and sentenced to imprisonment for a period 
of not less than two years; or  
(b)     for contravention of any provisions of the Madhya Pradesh Nagariya Kshetron Ke 
Bhoomihin Vyakti (Pattadhruti Adhikaron Ka Pradan Kiya Jana) Adhiniyam (N0.15 of 1984), or 
of any law providing for the  prevention of hoarding or profiteering or of adulteration of food or 
drugs, 
        unless a further period of six years has elapsed since his release after undergoing the 
sentence. 
Explanation.- In this clause, 
(a)     ―Law providing for the prevention o f hoarding or profiteering‖ means any law, or any 
order, rule or notification having the force of law provided for,- 
(i)     the regulation of production or manufacture of any essential commodity; 
(ii)       the control of price at which any essential commodity may be brought or sold; 
(iii)       the regulation of acquisition, possession storage, transportation, distribution, disposal, 
use or consumption of any essential commodity; 
Madhya Pradesh Municipal Corporation Act, 1956 
14 | P a g e  
 
(iv)          the prohibition of the withholding from sale of any essential commodity ordinarily kept 
for sale; 
(b)     ‖drug‖ shall have the meaning assigned to it in the Drugs and cosmetics Act, 1940 (No. 23 
of 1940); 
(c)         ―essential commodity‖ shall have the same meaning as assigned to it in the Essential 
Commodities Act, 1955 (No. 10 of 1955); 
(d)         ―food‖ shall have the meaning assigned to it in the Prevention of Food  Adulteration 
Act, 1954 (No. 37 of 1954). 
(a-1)    has, in proceedings for questioning the validity or regularity of an election or nomination  
been found to have been guilty of any corrupt practice, unless a period of five years has elapsed 
since the date of the finding of the disqualification has been removed by the State Government 
under Section 441-G; 
(b)          has been removed from office unde r section 18,19 -B or sub -section (3) of section 23 
unless he has been relieved by Government from the disqualification arising on account of such 
removal from office; 
(bb)       has been disqualified for further election or nomination as a Councillor or Ma yor under 
Section 17-A unless he has been relieved by the Government from such disqualifications; 
(c)      is an undischarged insolvent; 
(d)   is of unsound mind and stands so declared by a competent court; 
(e)   is less than twenty five years of age; in c ase of a Mayor and is less than twenty one years of 
age‘ in case of councilor. 
(f)     is in the service of the Government or any local authority or is a Government pleader; 
(g)     has directly or indirectly by himself or his partner, any share or interes t in any work being 
done by order of the Corporation or in any contract or employment with or under , or by, on 
behalf of the Corporation. 
Explanation-  A person shall not be deemed  to have incurred disqualifications under this clause 
by reasons of his- 
(a)     receiving a Government or municipal pension; 
(b)         having any share or interest in- 
(i)       any lease, sale or transfer of land; 
(ii)  any agreement for the loan of money or any security for the payment of money only; 
(iii)    any joint stoc k company except as a director or managing agent or any registered co -
operative society. 
(iv)   occupying as a tenant any premises belonging to the Corporation; 
(h)    has been dismissed from Government or Municipal service on account of misconduct 
involving moral turpitude; 
 (i)       has any tax or dues, payable to the Corporation, standing against his name for a period  
exceeding one year, or 
(j)      has not paid the amount of charge imposed upon him under Section 11 of the Madhya 
Pradesh Sthaniya Nidhi  Sampariksha Adhiniyam, 1973 (No. 43 of 1973)    within the time 
specified in Section 15 of the said Adhiniyam. 
(k)     if he is so disqualified by or under any law for the time being in force for the purposes of 
elections to the Legislative Assembly of the State: 
      Provided that no person shall be disqualified on  the ground that he is less than twenty five 
years of age, if he has attained the age of twenty-one years; 
(l)   has been convicted of an offence against women; 
(m)    has more than two living children, one of whom is born on or after 26th January, 2001. 
Madhya Pradesh Municipal Corporation Act, 1956 
15 | P a g e  
 
(n)     has been disqualified under Section 14-C. 
(o)  has any dues payable to the Madhya Pradesh state electricity board or its successor 
companies standing against his name for a period exceeding six months.  
 
(2)    Disability from continuing as a Councillor or Mayor .-   
 
If any Councillor  or Mayor during the term of which he has been elected or nominated- 
(a)  becomes disqualified- 
(i)       under sub-section (1) of Section 13 and his name is struck off from the electoral roll under 
sub-section (1-a) of that Section; or 
(ii)         under sub-section (a) of this Section; 
(b)       acts as a Councillor or Mayor in any matter- 
(i)         in which he has directly or indirectly by himself or h is partner, any share or interest, as is 
described in clause (g) of sub-section (1); or  
(ii)      in which he is professionally interested on behalf of a client, principal or other person; or 
(c)        absent himself during six consecutive months from the meeting of the Corporation except 
with the leave of the Corporation; or 
(cc)      begets a child on or after 26 th January,2001 which increases the number of his children to 
more than two, or 
(d)    fails to pay any arrears of any kind due by him to the C orporation within three months after 
a notice in this behalf has been served upon him; 
(e)  becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 
14-C. 
          he shall subject to the provisions of sub -section (3) be disabled from continuing to be a 
Councillor or Mayor and his office shall become vacant‖ 
          Provided that a disqualification under clause (a) of sub -section (1) shall not take effect 
until three months have elapsed from the date of conviction, or if  within th

Excerpt shown. Open the full act in Lexace.

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