The GANGTOK MUNICIPAL CORPORATION ACT,1975

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( ,~. ::,;':~.lb~ .G~ngtQk MQD.i~ip3lCorpQfatiolJ
.Act 1975
AN ACf
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to mak~ provisions for the establishment of a Municipal Corporation in Gan~tok and matters connected
therewith ; . ,. . '..
WHE~AS it is .:xpeq!~m to make.prov~sjo~s fQ:rthe e~tilbli~hment of a Municipal Corpo-
ration at Gangtok and matters (;':Q~Il~cte~~herc;wi~h.· ' , '. "
It is hereby enacted a~ [pllows ;.,..""
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CHAPT~J\ I
Prellminary
Short iule, extent and 1.(1). This Act maybe called the Gan~tok Municipal Corporation Act, 19H.
'·i.(Jlllllm,·~m~m :
D1inicivn s:
"l,Jrjdae"
, 'Buildino"
.• CuilSffYunsv"
•
•• DIClill"
" j-JolJiIl9"
"Hut"
"/nhabitan e"
"Latv:"
•'AJorke!"
" Notification"
••Gccupier"
(2) It extends and applies to the town of Gangtok, but the State Government
may by notification extend all or any of the provisions of this Act to areas outside
the town of Gangtok. . ".
.r~(3) It s,hall come into for.ce on such date as the State Government ma:Yby noti~ ~
~:catiop ilppoint., . , '. .. .... ~ .
2.' In this Act,unless there is anything .repug~~ In the subject Or context -
(1) "bridge" includes i\ culvert ; .
(2) "bqild,mg" includes " house, out-house, stable, privy, urinal, shed, hut,
wal] (other ~P2.11a pO\lnqpryvrilU,flot ~~ceedingten feet in height) ilnd a'f\yolher
such structure, whether ofmasonry.ibrtcks, wood, mud, metal or any other ma-
terial whatsoever , but d,qe~n9~ include any temporary shed erected on ceremonial
or festive ()ccllsiQP~i
(3) "q)ll~ervancy' '1llealls the removal and disposal of sewage,off'ensivc matt er
find rubbish i ' . .
(4-) "dangerous dtsease" means ~
(a) .cholera, plague, small-pox, cerebrospinal meningiti$' and c!iptheriol;, " . '. '. ;,', ',' .,' ,
and
(b) any other disease which the State Government 'may, by notification,
declare to be a dangerous disease fQr all or any of the purposes of this Act.
(s) "drain" includes ~sewer, ~ house-draln, a drain of any other description,
a tunnel, a culvert, a ditch, a channel and ;!.Ilyother such device for carrying of
sullilge, sewage, Qffen~ive ~tl~r!, polluted, W~~er,rain water or sub-soil. water j
(6) "no1dillg" means lilllAhelp under one title or agrement· and surrounded
by one set of bOlmdarie~: Provided that where two Or more adjoining holdings
[orrn pjlrt ~nq parcel Qfthe site or premises of a dwelling house, manufactory,
warehouse or place of'trade or bustness, such hol£iipg~ shall be deemed to be one
holding for the purpose ofthis Act.' ' :
~l'pl(lllatipn 1 Holdings separC\t~qby a street or other means of communlcatjon
§Mllbe qeeJnedtobe adjoining wiJhj~the J1le~ing of th!~ provlso.;".
(7) ."hut" means 'any building which' i;~onstrucled principally cf'wccd,
bamboo, mud, leaves, grass or thatch and Includes any temporary str\.l¢tw~ of
whatever size or any small building (not being masonry building) of whatt<ver
material made I ' .
(8) ".inhabitant" used with reference to any'local area means any penon Qr-
dinarily restding or carrying OIl bustness or owing or occupying immovable pro-
perty therein i .' . .• '. .'
(~) "land" includes be~~fits arising out efland, and things attached to the earth I
or permanently fastened to any thing attached to.ihe earth, ' ," . ,.
(10) "market" in~lud~s any place when: pen OIlSassemble for the sale of allY
Jiving thi~g intended for /lIHTIiIO food or of aflYart icle of food j .
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(II) "notification" means j!, flMifi<;:atioApublished in the official Gazeu.e,
(12) HO(:it::IJpier"me,m ;HlYperson for th!! lime peing in possession or deemed
to be in possession of anylandor bqildinginrespect of which the word is used
and includes an owner liYing in, .or ..~l"en~beu.ing. his own land 0,. building.
(I s) ."oV(l)er" includes tpe pl!rso~ for the time J>eing receiving the rent of any
land orbuildlJ:l~or ~nlpart,pf any land or PlJi)dinS wltelher on his own account or

, CHAPTER II ",,'
, The Municipal' Authorities.
3, (I) There shall be establishedfo~ the town of Gang'tok aMunicip~rCorpo~ati~;l
consisting of such number of Councillors not exceeding nine in number as the
State Government may specify in-the notification: constituting the .Corporation.
The boundaries of the C;0rporation shall be .specifiedin the notification and n1<ly,
by notification be altered by the State Government from time-to time,
(2) The Corporation shall be a' body corporate by the name of t~e Gangtok'
Municipal Corporation having perpetual succession and a cO~lmon seal and by
that name shall sue and be sued, ' , ',,', ""~'" ., '
(3) The first Co~ncillors shall be nominated by th~ Government by noi:ifi'~atio;~,'
and shall hold office for four years commencing from the date of the first meeting
of the newly formed Corporation after the notification at which aquoTurnis present,
(4-) Subject to the provlsion of sub-section (3), the ',Councillors shall'be elected
on the basis of adult franchise in the manner prescribed by, rulessmadeby the
State Government and shall hold officefor four years commencing from the date of
the first meeting "of, the Corporation' after such' election',' at which a'quorum is
present. .. ,
Pawer ro divide Cor- 4, The State Government may, by notification, divide the Corporation into'
i'vr,,(ivn imo Wards Wards and for the, purpose' of the election of theCouricillors determine the num-
and fix the number oj ' ber of Councillors to be elected from each such Ward," ,'; '.\, :,.,'
Councillors vJ each
lI'U{J
It\,t..prtscribed' ':
i ••Ptivuc~ Sueet" ',i
!''i'~b/" Street"
t,
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.. "~I / J "J .J"ifitet- louse
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i Consri'tutton and in- '
"\,., cvrporClCioJloj Corpo-
I {ucian ClUJ number oj
lcouncillors, ,
Ic'
:,v
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.. ..••• • "; L·~ ": ,',: \ .• , c ;~;.: ~d": ,., -. " ,: oI,. J - 'J •• -, 'i r . ;'".
as agent or trustee for any-person-of s~c!etY'or for ~ny religious or charitable I?ur."
pose, or as a receiver, or"wh9 .w.ould,so receivesuch rent if the land building,,:)'<>r,("
part thereof were let to,,a}.e~nt) ", " " i'
(14-) "prescribed" means prescribed,bY,-this Act or by rules.cr.lby-lews made
thereunder; .. \ . ~~'1.''':"'C,_ "'l~;. " ~'. . .:.;. ,',,' '",' .~-. _,'
'(IS) "private street" means any street,road,'lane;gully,alley:,pass.~g~ o~'square which is not a public street as defined in thls Section, but does not i~~lud~
apassage secur ing access to less than.fourpremises.tor apassagt>provided in effecting
the partition of any building amongst joint-owners;" u), , ';" " ':'" .. <''''',''
(16) "public street" means any street, road, lane, gully', alley, passage, pathway, ,
square or Court, whether a thoroughfare or not, over which the public have a
right of way, and includes ~" ';' ,', " ,,' .
(a) the roadway over any public bridge or causeway,' , , ,
(b) the footway attached to a,nysuch street, public bridge or causeway;
(c) <the passage connecting H~O public .streets ~I}d, ,,'" :",,:, . .'.,:,(,
(d) the drains attached to any such street, public bridge ;,Or .causeway,
and, where there isno draln attached.to anysuch srreet ,shall be deemed,
to include also, unlessthe contrary isshown, all.land upto the boundary
wall, hedge or pillar of the premises, if any, abutting on the street,
, ,or if iJ:, street alignment has been fixed, -then upto the alignment;
('7) "sewage" means night-soil and other contents of privies, urinals, cess-
'pools or drains and, includes trade ,cffiucnt'and discharges from manufactories of
'all kinds' " ' . , , ,':'
(18) "siaughter house'<means any place used fo; the slaughter o{catd~, sheep,
, , goat, kids or pigsfor the purpose;;,of selling the flesh thereof as meat: ' "
(19) "year " 'means a year beginning on tlle firstday.of': April:,: '. " ." "'. . ";'
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5, (I) A person shall not' be eligible for nomination' or election as a Councillor
if such person, - ," ",': ','" : . ,'"
(a) has been adjudged byaco.mpetent Courttobe of unsound mind i or":
lb) is under twenty one years of agej or;", " l,
(c), is an undischarged Insolvent, or " " . "
(d) being a discharged Insolvent, bas not obtained from the Court acer- (
tificate that his insolvency Was.caused by misfortune 'without ;lnymis-"
conduct on his part;' or' "',", ",', ';:,. :,",
(e) is a municipal o!fi,ceror ~ervant or holds any office of profit under the "
Corporation; or ;'f~: ,", 'i:'''' ~.$.!~ >'.:1 .~.t-,1",t.i.1l,\." •.:.J·~",\~," ":::, ~
(f) has direcrly or Indirectly by himself or byh,iS partn~;'~~em~loyeer
orany employee, any share or Interestinanycontract or employment':
, with, by, or 011 behalf of, the Corporation; 01',<" :'i', l", ,,'. ,
(g) , is in arrears for more ,than six,months'iil payrnen; '6fanyrate' or tax.
, (2) Hany person.Is or has beenconvicted bY.il:,C~i~inal Courtofan offence,'
punishable with Irnprlsonment for a period ofrriorethan s,!x,'l:1:l9'mhs,such.person- "
'.,11 "M ),,. pliaible for election Ornomination f01,;:~ve)'ears fJ'Cimihcdate 'of fix- '.. .-.. . . ~ ~..K.(' ~I:

• , , ,,';,:.'iP'rovid~d that,' on :appIi~ti~n:Inade by a person <lisqualified under this sub-section,
, the State Government shall. byan order made" inJ~is .behalf remove the disquall-
. ficarlon i'fin the' opinion of the: State Government the offence does not involve
moral turpitude. .' ">. -. '.' . ., •.. , ....,
6',' Every person who is nominated or elected as Councillor shall be~ore:taking'
his seat make and subcrlbe beforesuch officer as the State Government-may: ';'.' ,
authorise in .this behalf an oath or affirmation in the following form, namelyj:
."I,' A,B" having been nominated/elected a Councillor of the Gangtok
Municipal,' Corporation, 'do swear in the name of God (or solemnly affirm)
that I will bear true faith and allegi;:mce to the Constitution of India as
.by law established and thatlwlllfatthfully discharge the duties upon which
Iam about to enter;" '" ..: ' .'
J, At the first meeting of the Corporation, '. the Councillors, ~fter making
and subscribing the oath of allegiance 'under Section 6 shall appoint one of their
member to preside at the meeting andshall proceed to elect a Chairman and a'
Vice-Chairman of the Corporation,' .
':. -&..,.;,.;1 'U'Councillors 8,(1) The State Government' may remove a Councillor - .
(a) if the removal' is:recommended by a resolution of the Corporation'
passed at a special meeting called for the purpose and supported by
,the Votes of not less than two-thirds of the total number of the Coun-
cillors, of the Corporation holding office for the time being j 01'
(b) .if he has been declared by the State Government by notification
issued after due enquiry to have violated his oath of allegiance j or,
(c) if he absents himself from the meetings of the Corporation for six
months, continuously without having obatalned permission from the
. Chairman, Orin his absence from the Vice-Chairman j or
(d) if he refuses to.act or.becomes incapable of acting or is declared In;
solvent or if, after his appointment as Councillor, he-Is convicted of'
".,anoffence which in the opinion ofthe State Government involves mol' ;i!' ;;~
. turpitude"; or ' .'•."'. " ,
(e) if he acquires or continues to have directly or indirectly' by himself
or his partner or his agent, any share .or interest in any contractor. :.,
.employment with, by, or 'on behalf of-the Corporation or holds any
office of profit under the Corporation; or . , . "s • ,
(f) if he is in arrears for mor~ than one year, in payment of rates and taxes "
payable under this, Act. ." ',.-
(2) Before removing a Councillor under sub-section (1), the State Goverrunent '
shall allow the Councillor concerned an.opportunity of ,being heard, ,
(3) All acts and proceedings ofany Councillor shall, if done previous! yto such
removal, be valid and effectual to all intents and purposes. ':, " ,.•. ;
9,(1) The Corporation may subject to the provisions of this Actand .the rules, 1 ;
made thereunder from time. to time determine what.officers and Other, servants
of the Corporation are necessary for the Corporation and may make appointments
of such officers and servants and fixtheir salaries and allowances. '.'
(2). The Corporation may delegate to the Chairman the power to appoint and
dismiss such officers and servants as it may deem fit., " 1" •.. ',.
(3) No appointment to and dismissal from the po~t of any officer or-servant
carrying amonthly salary rising byperiodical Increments to more than.three hun-
dred rupees shall be, made by the Corporation under -sub-section (I) or by the
Chairman under sub-section (2) without, the approval .of the State.Government,
(4) No person shall be eligible for employment as an officer or servant of tilt:
Corporation ifhe has, directly orIndirectly by himself or .hls partner or employer
or employee, any share or interest in any contract or. employment. ~ith,;by} or "
on behalfofthe Corporationandifanysuch.officeror servantsubsequentlyae-,' , ,,;'
.quires such share or interest he IllaYp~reIpo,:~q from servlceinaccordance ;with",(,,;
rules which may be prescribed, . ,'j ,"'. i . ".' e <,.' :. ' . " " '.' '!\'.\"; •.
, 10,(1) The State Governmentmay,after,consulting withthe Councillors, i.f'it.
,thinks necessary so to, do .In the public .interest , appoin~ bynotificat ion. an Exe- ,,
cutive Officer for the Corporation anp shall make, such ,appclnunent. if .ln, its
opinion the affairs of the Corporatfon are .not properly nl..nagcd, qr.can not be .',. '
managedin accordance with law, for, suc~.perip4 not:e~c~e~in.g ().l,t~,,}'earat a .
time as.may be specified in.the notification.' . . '. ",:" .
(2) , The Executive Officer shall.be paid outoL\h,e,Municipa~..r4nd,s\Jcll sal')ry
and allowance as niay from time to .time to be fixed by the State Government ,
(3) The Executive Officer appointed, under lj1!s ~~clioJ1'shall exercise such
powers of the Chairman .or of the Corporation as'may be ccuferrcd on him Ly
. 'notification. by the .State Government and on such .norlficaucn. such pOW':I'~ sh.d!
cease to be exerclseable by the Chairman 01" bythe Corporation a'sthe c",,; rn s v h"
''1''.'
-li."
-Oczh cifallo!8iQD ce to .
, foe ,a~1I bJ th«
;. - ~m;ilJ..us
I'~
AppajlllIllellt oj Su-
bordiuate Officers
'dfpoUumen t ojExe-
:OlItife OJJlcerbythe
.:)wi.: CI.iI.:J'lIlllellt j
/'

~;-.\'
fi
1altus oj tb« Execu-
.i.(Officer
, ~'(. ~') .', '. ~',,'
.!·1 J.
(+) rh~CQrpQril-tl()Q~y ~~l~g~~eto ~~e f~ec,:1;Iqy~Officer ~11or anyof the
powen 9f the CQrp9fi\tion. . " . ) " " .. , " ,, '-' " '
(s) The State Government Wi\Y!ltany tj!Ue~\1spemt remove, dismiss 'or ot~e'r-
wise punish the Executive ,Officer appointed \.lndef.thj~ Secrlon. , ~
, r,(1) The Executive Officer ~h<1Ube theprinclpal executive officer of the Cor-:
poratlon and 'Ill other OffiCHSjmq ~ervWltljof ~heCQrppril~ion shall be subordinate
to him. ,H,eshal] ~ve the ~~e right Qfl;>eingpresent ilt!\ meeting of the Corpora.'
tion or ~ny spec~l or ~t~ding ~~ml!ljt~~e, and of taking part Inthe discussion
thereat as if he 'Wi\$~ CQuncillor (If a,~mber pf~he Committee. but he shall not
be entitled tc vote at such meeti,ng. • , ;. ", '. , " , '. "
(2) Subject to the prQyi~iol1~oh~h'~ectiQJl (3)' and sub-section (4-)of section
10, the Executive Officer shall ac~jprespec;of ~Jlothermatters under the dlrec-
tion of the Chairmen ~lu'Q\lghwhom h,::shallbe responsible to the Corporation.
12. The Ccrpcratlon may, subject tQ thl! sanct icn of the S~iI~~Coven:llnent,
make rules as to -
(i) the appointment, leave, duties, condltlons of service, disciplinary
proceedings, punishment PJ' dismissal and removal of the officers and
servants of the Corporation;
(ii) the granting ofpensions, grat!Ji~ie4.bonuses or other grants and allow-
ances to or for the pffi~er$;mqservants of the Corporation out of the
M\.lnicipill ,F~qs i ' , j ,
(iii) th~ creatlon and ~n,agement pf I1tprovident fund or annuity fund, for
, ~oJTlpelling ccntrlbutlons to such provident or annuity fund on the
partof their officers and servants, and for supplementing such contri-
buttons out of the Municipill Fl,indj ,', ",
(tv) the nature and amount of security to be furnished by different classes
of officers jlnd ~ervwt$ 9[ the .corporat ion for the proper discharge
of their qu~i~si', " '~ ,
(v) the payment tq be made p).1~of the Municipal Fund to the Chairman,
Vlce-Chairman, Councillorsand 9aicers and servants of the Corpora-
tion for travelling expenses as may be incurred in performing journeys
for carrying out for purposesof this Act.
CQnd\.lct 9f business,
Pa,*~rt~ tnak« rules ;
,1!,,'i()[Jsand persons
to prtfjde at meetjn8
13.(~) The Chairman or in hii absence, the Vice-Chairman shall call a meeting
of the Corporation at least once in every month.
, (2) The Chairman or in his absence the Vice-Chairman shall call a special
meeting of the Corporation on a requisition signed by not less than one-third of
the total number' of Councillors j if the Chairman or Vice. Chairman fails to give
notice of a special meeting tp be held within fifteen daysafter such requisitlon has
been made, the meetings may be called on seven days notice by the Councillors
signing the requlsft.ion, ' " '
(3) The Chairman, or in the absence, the Vice. Chairman shall preside at every
meeting and in his absence ofboth the Chairman and the Vice-Chairman, the Coun-
cillor shall choose one .of their member to preside.
14-.(1) All questions which may come before the Corporation at a meeting shill
be decided by a majority of VOles and in case of equality of votes, the penon
pl'esiding shall have a second or ' casting vote, " ", '. :.
(2) No Councillor shall vote on jlnymatter affect~ng his own pecuniary interest
or on any quest ion exclubively 'relating to hi, liabili~i' to any lax, rate. toll or fee
, or any assessment of himself or valuation of any property in which he is in any
way interested a~ owner. ~nager or agent Or otherwise. 'j "" ';,:
1s.(I) No business shall be transacted in any meeting of the Corporation unless a,
quorum shall be pre~ent., ' " ' " ,," "",'. '" .;, ' ., ..~ "
De •.isions oj questions
,wJ costillB Vote and
fNilfbj cion Jrom votjI)8
«yo/un) and adjourn-
ulCntJur wan t oj quor-
rum:
(2) On~~lhird of lh~ total number of the Councillors holding office' for 'the
t time being shallbe the quor.um : provided\hat' in case where the ,lotal number of
\ Councillors holding officefer the time being'is not evenly divis;.\>le by three.
\ the one-third shall Dearcertalncd bytaking the number next •.bove such toial num-
a ber which isevenly divhable by three, asthe number to be divided. ' " ., ,',
')' , (3) If at the appointed t ime for a meeting, or within ~H an hour thereafrer ,
a quoruni is not preicnt , the meeting I hall be Adjourned to some future <kyto O<!
\ appolru cd by lh<.~hail In&~ or. in hh •.bscnce ,by the Vice-Chan nuncnd three <ky's
. notice of such adjourned meeting I hall be givt:n, and no quorum shall be necessary
~" (or such adjourned meeting.," ' '
j N"riCt of meetino and 16. (I) A list of the bustness rcbe traruaeted at a meetjllg~nd,jn the caseofrnc cting
•• i- Jill of business an~ called on ~requislt icn, the terms of the r<qu!sitJon, IkH be ~t~t to every Co~nci-
.w~w oJp/o~eed/(l8s: 110rat least three days. before the date ~PF91P.t(df9r: the meetmg and no bustncss
~ / I 1 ¥!'~' " , ,.,. ." ,'-! ~~"1. <':~!'.~~~~..·:t;~' ·~•.J;·1'~t;\.(:-r'·t:."..'C ~.:'~~:'::'.(/:, / / ,
" .."j:0'~~:'~":':,,';:.\':~:~_/,J •• s:'..::'

forlJlation oj sta ndin8
Commjll~e :
Farnuu ion oj joillt
C(}1Il II Ii ctees:
Decision oj disputes
between locoI autho-
I itics :
• Power comake rules
us cobusiness oj'
Corporation and the
Convniiuee:
VuliJ(Hion aj'acts
() lid proceeditigs :
Corporation maJ
acquire and dispose
propu~v ;
'!
~.. . .
• • .;, A ', ••• , :;, .•••• , ~, " • '.' i', ">'.. . . "
of which such n~tice hasnor-been giyen shall be brought forward at a meeting.
(2) Minutes: of 'the pr?c~~di~gs of all m~etings of theCorporaucn, in which
shall be recorded interalia the ~mes ofall the Councillors present: and the person
presiding, shall be enteredIntoa bp~l.<to be kep; for the purpo~e and shall be,sig-
ncd by the.person'presiding over the meeting and such book shall be open to ins-
pection ot the tax-payers.', '' ,,"" ,-:
(3) The minutes shall beJ~}dp~fore,tht: next meeting of the, CorporatlonIor
confirmation and shall be aho,signed by the person ;presiding at such meeting.
17.(I) The Corporation may from time 'to t,i,me,appoint stanciing'commilteesancl
by specific resolution deltgllte to, or withdraw from, such committees any of
its functions, powers and duties. ,
(2) Each standing committee shall consist of Councillors who shall not be less
than two-thirds of the total number of the members of the Committee and such
other penons not exceeding one-third i~ number as the ,Corpor~tior at,~ n:<,ee,ting
may, from time to t ime, determine and nominate for this purpose. '
(3) All the proceedings of any such committee shall be subject to confirmation
or modification by the Corporation unless in special case the Corporation at a
nlceting otherwise directs. .
(4) All questions regarding the removal or resignation of members of a Com-
mlrt ee bhall be decided by the Corp?ration." , " ' ,
18.(1) The Corporation may join with any other local autborlty in constituting,
out oftheir respective bodies.a joint committeefor any purpose in which they l1,ay
be jointly interested and in delt:guting to any such joint committee any power
which might be exercised by,t~,e Corporatlon or any of the local authorities con-
cerned. ' , ,,'
(2) Such joint committee may, fr;rli ti~e t~.ti~e, make, rules as't~ it,~'procee- "
dings and as to the conduct of correspondence relating ~()the purpose for"which it
is constituted. ",I , ' ' , ;, ','" ,,'
19. If a-dispute arises between .the Corporation and "any otherloeal
authority on any matter in which they are jointly Interested, such dispute shal]
be referred to theSt ate Government whose decision shall be final and shall not
be quest ioned in any Court. ", ' "",'
2 o, The Corporation may, subject tothe sanction of the State: Government.
make rules as to-
(a) the time of.itsmee.tings"tpe business to betransacted at meetings
and the period of notice of,meetings and the manner in which such
notice shall be given; ',' r > :' " , ' ,
(b) .t he conduct and control of procec dings at meetirJgs, the due record,'
'of all discusston and dissents and the' adjournment of' meetings;
(c) the, custody of the common seal ;"
(d) \he division of duties .mong il e Councillors and the powers to be
exercised by the Councillors to whom particular dutiesare assigneu;
(e) the manner .of appointment and the const itut ion '01committees and
the regulation and .conduct of,their~"bubiness j and .", ""',
,(f) the delegation of poweI:s or duties.ro committees or to the Chairman
of-a committee., ' ,
21.(I) No act done or proceedings taken under, this Act shall be questioned Oil ,
the ground merely of- '; , - :,: '., " ' , ' '
(a) th existence of any, vacancy in or any defect in the const itui ion of
the Corporation or any standing, joint or-other. commit.tees or' any
disqudification in lers than hclf of th. ..Councillors or, members of
the Commtu ce presc ntwhen the act or proce<.ding was done or taken;
(b) any 'defect or irregularity not .ffecting the merits of the ca5,e.
(2) Every meeting of the Corporatlon.cor any.of the stan9ing,joint
or other comm,itte(s,(he minutes of (he proceedings of which have
been duly ~igned bythe penon pre~iding overthe.meeung, sball be
deemed 10, have been duly convened and when the minutes arc confir-
med at a subsequent meeting, shall be deemed to. be free Irom all
defects and irregularitk s,and I he accident al 'omission to serve notice
of a'meeting on any Councillor shall not affect the v.Jidity of the
n,eeting. ',,:," , ,,'., .. ,.:", "'11;",,, c;"':"';':' ;
,CHAPTER III. ; ,";
Municipal property 'and 'finance.
2 2. The Corporation may acquire by gift,' pur~has~'or i~lh~rwisea;'l h~ld
property whether moveable OFlmmovable within or wh heur the limits of the
Corporation and may alto sell or otherwlse dbFobC of such property in pur~uance
oia resolutlon at a meetlng. '
c-:

, > ' , " ",,~~, "~' .; - :,""V23. (I) All property w,i~hin ,the limits of the Corporation of the nature j " ,
hereinafter in this section specified. .other than property awned .o.r m"int"'nclr
by the Central or the Siate Government or any-other local autharity.,~ "-'" ~;,>
shall vest in and belong to the Corporation and shall, with all othcr pl"Operty of
of whatsoever- nature or kind which may became vested in the Corporarlon, be
under its dircctlon, management and control, that is to 5ay.,-
(a) all public streets and all things connected with or provided for such
streets' ,
(b) all public channel, 'water cour~es, ~prings, tanks, reservoirs, cisterns ,
walls and other water-works, bridgcs, buildings and all other materials
or things connected therewith; ,
(c) all public sewers and drains and all works, materials and things per-
t<lining thereto and other canservancy works,
(d) 'all sewage, rubbish andollensive matters dcposh cd an streets or
collected by the Corporation from st rcct s, latrtncsvurinals, sewers,
cess-pools and, other places j. ...
(e) all public lamps, lamp-posts and apperatus connected therewith or
appertaining thercro ; and
(f) "II buildings erected by the Corporat ion andall lands, buildings or
other property transferred to the Corporation or acquired by gift,'
purchase or otherwise.
(2) The State Government may, "by not ificat ion , exclude any street,
bridge, sewer or drain fram the operation of the Act 0.1' any specified
provisions of this Act.
24.(1) The Corporation may enter into and perform any contract necessary far
the purpos(' of this Act.
(2) Every contract nude on behalf of the' Corporat ion in rC>',pect of any sum
exceeding five hundred rupees or which ~hall involve a value exceeding five hundred
rupees shall be sanctioned by the Corporat ion at a mecting and shall be in writing
and signed by at least two. Councillors, one of wham shall be the Chairman or
Vice-Chairman and shal l be sealed with the Common seal of the Corporatlon
and unless so executed, such contract shall not be binding, On the Corporat ion.
THE MUNICIPAL FUND.
val Fuud : 25. (I) There shall be one Municipal Fund held by the -Corporar lon in' trust Ior
the purpase of this Act to which all sums rcalised or rcal isable under this Act
and all sums otherwise received by the Corporation shall be credited.
(2) Unless the State Governrru nt otherwise directs, ClIIsums received on account
or the Municipal Fund shal] be paid into a Government Treasury or into any Ban k
used as a Govcrnrnent Treasury and shall be credited to. an account to be callc d .
the account of the Gangtok Municipal Corporation.
(3) All sums Irorn time to time credited to. d.1e Municipal Fund shal l be appllcd
in payment of 011sums, charges and costs necessary fur carrying aut the pUi'pOS~S,
of rhls Act or of which payment is duly directed 01' sanctioned by or under :1ny
of the provisions of this Act or payment of which is dh-ccccd or sanct lonc d
by t lc Corporation with the approval of the State Government, ' .
26. (I) At least two months before the close af the year, the Corporation shal l
h:IV~ pre par cd a complete account of the actual and expected receipts and expendi-
ture for that year together with a budget estimate of i he inca me and expemlilure
of the Corporation for the next year.
(2) When the budget has been passed at a meeting. the Coi-porar ion shall
obtain the approval of the Stare Government and shall not incur :lny expenditure.
except in accordance with the budget approved by the Stale .Goverument , "
(3) A revised or supplementary budgctmay be passed by the Corporat lon-
in the course of the year and, ifapproved by the Srat c Govcrnmcnt , \he Corpora-
t ion may incur expenditure in accordance wilh the r-evised or suppl cmcntary budget.
llI'lk~ rules: 27. 'The State Government may make rules;
(<I) to regulate the application of the Municipal Fund to. .thc purposl's
, to which it is appl iccble j : .
(b) to regulate the keeping. checking and publ ication of accountsand
periodical audit thereof; . . ... ' ..
(c) to regulate the preparation of the budget estimate including ,revjs~J
or supplementary budget estimate and .t hc expen<.lit-lln: of maney'
far purposes provided -the re in ; ,. ,
(d) to provide for the retention.of adequate working and dasing balances;
(e) to regulate the preparation, submission and publication of returns,
statements and reports by the Corporation and to presci i1./eregisters
'arid forms; , '
(f) to determine the persons ·by whom orders for p;lyment Jf mone
r&.fo/cltf
rsuoo :
Oil oj
0:
',.
.'~ .

10 Impose Taxes:
.innuul value oj
Hvldill8s:
P.~slricIiUIlUll the
lmposu iou oj rates:
Prr/,orllcioll oj value-
tivl<Lists:
Do!calllillurion oj
per cellcage oj rate
oJit;;/diIl9 &...pupa-
UJI ion uj'usscssemen t
.List: .
('1i)
from the MunicipOlI' Fund 'mOlYbe~igne{ how ~~ch pOlyment~ shall
be made and, bywhom receipts may be given j' •
to provide for the supply of certified copies of municipal records to
the public and the levy of fees for such supply.
CHAPTER ;IV.
MUNIClPAL TAXATION,~.'~. <s • /
~8. The Corporat ion may, Frorn t ime to time at a meeting convened expressly
for the purpo'se, subject to the provision of the Act, impose wlthlnthc limits
of the Corporation the following rates, taxes and fees or any of thern r- .
(a) a rate on holdings except holdings belonging to. Slate .and Central
Government· situated within the limits of the Corporation
assessed on their annual value j •
(b) a conservancy rate on the annual value of holdings j
(c) a Water-rate on the annual value of the holdings j
(d) a tax on trades, profession and callings;
(e) any other tax, rate or fees which the Corporation is empowered to
impose under any law for the time being in force.
29. (I) The annual value of a holding shall be deemed to be the gross annual
rental at which the holding may reasonal.le be expected to let ..
(2) If such gross annual rental cannot be easily estimated or ascertained, the
annual value of such holding shall be deemed to be an amount which may be equal
(0 but not exceeding seven and half percentum on the value of the building or
buildings on such holding at the time of assessment plus <Ireasonable grountl rent
for the land comprised in the holding. .
(3) The value of any machinery or furniture which m:-.y be on a holoing skd,J
not be taken into consideration in estiJ1l:lting the annual value of such holding,
under this section
30. (I) The rat e on holdings shall not exceed fifteen p crccnt um on the
annual value of holdings j .
(2) The Corporation at a meeting may, either wholly or part lally, exempt
from the rate on holdings any holding which is used exclusively <IS a place of
public worship or for purposesof public charity or as public burial or burning
grciundunikr this Act or as a mortuary. '
(3) The Wolter rate shall not be levied at more than seven and half per centum
and shall be imposed only on holdings within an area for the supply of water-to
which the Corporation has made arrangements. "
(4) The conservancy rate shall not be levied at more than ten per centum On
the annual value of the holdings and the Corporation shallmake arrangements for
the cleansing of all latrines, urinals and cess-pools. A rebate of seventy-five
per centum of the conservancy rate levied on a holding shall be allowed il' the
holding is provided with necessary sanltary-t ype latrines in working order :\I)U
with no service privy or service-lu·inal.. .
3I .(I) When it has been decided to impose any rate to be' assessed on the annual
value of holdings, the Corporation at a meeting shall nppoi:ll "'Passessor for the
purpose who shall determine annualvalue of all buil~ing~ wi~hin the Cor porat ion
and shall enter such value in a valuation list.' "", .
(2) A new valuation list shall unless otherwise ordered by the Slate Go~ernm~nt
be prepared in the same manner once in every five years. "
32. (I) The Corporation at a meeting to be held before the close of the year next
preceeding the year to which the rate will npply shall determine the percentage
on the valuation of holdings at whicl- any rate on the annual vall1e·ot·holJings
shall be levied and. the percentnge so fixed shall remain in force unt il t he Corpora-
tion at a meeting shal l determine some other percentage on the valuation of hol-
dings at which the rate will be levied from the beginning or the ncxtycar ,
(2) As soon as possible after the pel'Celltnge at which the rate or rates sh"ll
be levied for the next yeal:has been dctermlnsd under sub-section (I), the CU1'].lUL1-
t ion shall cause to be prepared. by the.assessor an ssessrncnt list, 'whkh ~h,,11
contain the follOWing part iculars and any other which the Corporat lon may think
proper to include i- ',.. •
(a) the name and/or number and other particulars of the street in which
the holding is situared ; .. '. ",: .: :'. --.". t ,
(b) the number of the holding on the. register ; ".,'
(c) a dcscrlpt ionof the holding; . . .
(d) the annual' value of the holdings;
(e) the name of the owner and occupier;
(f) the amount of rate payable for the year showing each rate separatcl yj
(g.) the amount of quarterly instalment.
(g)

. ( -,8"')' ~, '.- .,;:,\/, '.
, .',-'~"J",':'C:':",",!:,::. ,>,' " . . . ':
33. The Corporation 'at amee'ting may for goodand$ufficient reasons recorded«,
in writing, at any time, direct alteration or amendment of the assessm-=t list
by revalueing or re-assessing' ~ny ,b~~lding." " ,". '. ":
(and altere-
(2) The Corporation at a meeting may reduce or remit the amount payable
'as rate or rates on account of any holding. If it is satisfied that the levy of such
rate or rates would be productive of excessive hardship to the penon liable to
pay the same,
H. (I) When the assessment list mentioned in section .32 has been prepared Or
reviewed, the Chairman shall sign the same and shall cause it to be deposited in
the office of the Corporation and shall also give notice of assessment to the owners
and .occupiers in re~pect of their respective holdings.
(2) Any person who is dissatisfied with the' amount of assessment in respect
of his holding or disputes his liability to be assessed, may apply to the Corporation
to review the amount of assessment or valuation or to exempt him from the
assessment of rate and such application shall be disposed of l,>ythe Corporation
at a meeting or by any committee constituted and authcrised by the Corporal ion
by a resolution" '
(3) No such appllcar ion shall be received after the expiration of 60 days Ii om
the date of service of the notice under sub-section (I).
(4) An appeal against any decision under subsection (2) m'IYbe filed wh lvin
30 days from the date of such decision before the District Officer within whose
jurisdiction the Corporation is situated, and the decision on appeal shall be final
and shall not be quesr ioned in any court.
Tax tv be paid 3S. (I) The rate or rates assess~d shall be payable by the owner in quarter] yinstal-
Quarla/y in advance &.. merits and every such instalment shall be due in the first day.of the. quarter in
Ijvli,~ vfD.:malld: respect of which it is payable.
(2) As soon as may be after any sum has become du~ on account of any tax,
rate or fee, the Corporation shall ceuse to be presented to the persons liable a'
notice of demand in the prescribed form.
36. (I) Ifany person does not within sixtydays of the service ofanotice of demand .
under sub-section (2) of Section 3S POlYthe sum due either at the office of the
Corporation or to some person auihorised by the Corporation in this behalf or
show sufficient cause for not paying the sarne, the amount of the arrear 'due ;dong
with interest at the rate of twelve perceruum per annum and with costs, may,
at any time be levied by distress and sale of any moveable property belonging i o
the defaulter except ploughs, plough-cattle, tools or implements of agriculture
or trade. "'.' ,
(2) In the event of failure to recover th~ whole or any part of the sum due
by distress and sale under sub-section (I), the Corporation may sue the person
liable to pay the same in any Court of competent jUrisdiction.
37. When it has been determined that a tax shall be imposed on any profession,
trade or callings, every person who exercises within the Corporation, either
by himself or by an agent or representative any such profess ion, trade or calling
shall take out a yearly licence and pay the tax asmay be imposed by tbe Corporauon
which shall be realised in quarterly instalments,
Power uJ,h~ Government 38. The State Government may by notification direct that the works as may
'oJ Jue c: Corporation be specified in the notification may be continued to be undertaken by the con- .
• oJ :,.,jk~ pUJmen t to (he cerned departments of the State Government within the limits of the Corporation'
Deparunetit s ojthe and that so long such works will be so eontinue dto be undert aken by the concerned
.C;o\'crnlllent departments of the State Government, a portion of the taxes collected by the
Corporation as may be fixed by the State Government shall be paid by the Cor-
poration to the departments concerned.
•••••• uioa of Notice
••.•,C'••(I<"t5 8t.
L~IJ b)' Distress&..
reallsat ion bJ ,'uit:
Tax Oil profeSSion,
TraJ.:s &. Calling: ....
f..!
The State Government may make rules-
(a) 'prescribing the' qualifications of and the procedure to be followed
by. an assessor appointed under this Act i .
(b) prescribing the procedure to be followed for reviewing assessments j
(c) prescribing the f~rm of notices of demand under sub-section .(2)
of Section H and fixing the fees payable inconnection with djstre~s
under this Act;
.,,'
.:,'
-" '

i'tJh'a oj corporation 40 •
. W 1<1Jout, make improve-
'"".:nIS of &..close Public
~·(~;'~?;~;~~.'{~~~:i~~~:;;~.... ,'..
(d) prescribing theconditlons and llmltationsunder which a licence may
be grante~for.,the purpose of.a tax on.trades, professions and callings;
(e) regulating any .other matter', relating to-tax; fees or'rates:in respect
of which this Act makes no-provls ion or insufficient provision an d
for which provision is~ in the opinion of the Stat e Government,
necessary.
CHAPTER V.Streets.
The Corporation .In pursuance of a decision arr ivcd at a meeting
tnay- ... ',I ':"~"~". ,,"\~...' .
(a) layout neW streets, squares andgardens;
(b) .construct new bridges, causeways,culv,erts, and sub-ways ; .
(c) turn, divert or temporarily or permanently close any public square,
street or garden;. .:
.(d) widen, OPen, enlarge or otherwise improve any public street, ~quare
or garden j .
pass order regulating or prohibiting 'any description of traffic on any
particular or .on public streets ingeneral or preventing obstruction.
encroachment· or excavation on or near 'such street or st:-cets.
(c)
CHAPTER VI;
Duties oj corporation
for conservancJ&.for
the removal afDrainose :
• • J
Conservancy and Drainage.
(41,) The Corporation shall provide for the removal-
(a) of sewage, rubbish and offensive matter's from all public latrines,
urinals and drains and from 0111public streets and other property
vasted in the Corporation;
(b) if a conservancy-rate has been imp~sed under Section 28, of It w, g<::
and offensive matters from all private latrines, urInals and cesspools,
41.(1) The Corporation at a meeting may from time to time publish an order
prescribing the hours within which only an owner or occup ier of ilny house or
land may place rubbish or offensive matters, on the public street adjacent
to his house or lands, in a proper receptacle provided by the Corporation in
order that. such rubbish Or Q.ffensive matters maybe removed by the servants
of the Corporation, .
(2) No person shall place or cause to beplaced rubbish or offensive matters
on a public street atother than the times appointed and except in the receptacles
provided for by the Corporation under. sub-section (1). .
Corporatioll coprOVide Water Supply and Lighting.
',,'ala ""ppiy and USh,- .
CionJor sane-
+3.(1) It shai! be lawful for the Corporation-
(a) to provide a sufficient supply of water for the domest ic use of the
inhabitants; .
(b) to cause the public streets to be sufficiently lighted.
(2) If a water-rate has been imposed under Section 28, the Corporation shall
provide a sufficient supply of water for the domestic use of the inhabit<.nlS;
If lighting-rate has, been imposed under sectlcn 28, the Corporation shall
cause the public streets to be sufficiently lighted. .
CHAPTER VlI.
Buildings.. I
H. Nopiece of land shall be 'used as a site for the erection of a building and no
building shall be erected otherwise than in accordance with the provision of this
Chapter and of any rule or by-l•.w made urider this Act, relat ing to the USeof bull-
ding sites or to the erection of buildings, as the case may ..be. " . .
45'. Every person who intends to erect a building shall first submit an applica-
tion in the forms precribed to the Corporation together with such plcns, q)(.cifi.
cations and other particulars as may be prc~cril.i(.d in any rule or by-law made in
this behalf by the Corporation. .... , '. . '
Appoin ted HoursJor
PlUcillij[ubbisl,ere.
on Public stteet :
Jjuild;lI{j-sites ~ erec-
lion oJb uildins s: .

Uu(uliJIl UIlJ =e!»uJ permission to erect
a Buildillg "
'~I'plica£ion oJA ct 10
.:JiL(I'ulivll ot addition
1.J builJill8,'
- "..--~:~~':,~:~t~~~~:Y3~~;;;,'~?t~~~~~~~!?f$~;T~(~7~/::T~~~'~":~:\~';~t:,
46. (I) Within thirty daysqaft~g:~h;!receipt' of anyapplication 'rr;aJ~, under' ~'e~~,section 45 or of any inlormatfon or.documents, .which the Corporation may rea-
sonably require, the applicant-to Furnish before deciding whe rher permission", (all
be granted to execute any work under the aforesaid section, .thc Corporar ion shal(
by written order, elther=-e ':~' , , "
(a) grant per~lissio~~'~~~dii:io~all/, ~/ unconditlonally "'to execute
, the work, or, ': ""'. . . .r , ", "
(b) refuse permissiion .on the,ground that the plans, specifications and
other particulars are not inconformity with the, rules or by-laws made
in this behalf or that the proposed building is likely to affect the safety
of the site or its adjoining area or privilege, safety or sanitation of any
nelghbou:ing b!.lilding or buildings or of the Iqcality.
(2) When the Corporation grants permission conditionally under clause (a)
of sub-sect ion (I), it may in regard thereto impose such conditions, consistent with
this Act, as it may think fit. ' , , ,
(3) The decision of the Corporation in the matter of granting ornot granting
the permission as stated above shall be final and shall not be questioned in any Court,
47.(1) A permission to erect a building granted under Section 46 shall, unless
it is renewed on an, application made" to the Corporat lorr for this
only for two years after, the 'date on which it is granted, unless the work
of erection has been icommencedjwithin that perlod but in any case shall
not continue for a period longe~ than thr~,~, y~ars from the said date unless ,
it is so renewed. r '
" ,
(2) Any person who erects a building or continues the work of erection ofa
building, when the permi~sion granted therefor has expired, shall be deemed to
erect such building or to continue such work without sanction. ,,', , " , ,
48. (I) Th~ provisions of this Chapter and~ny' ;'ul~s' or by-laws made under
this Act rebting to the erection of buildings, shall also apply to every materia'[
alterations of or additions to, any buil<~illg, but shall not apply to necessary repairs
not involving any of the works which constitute a material alteration or addition./ '
(2) An alteration or addition in' or to a buildirig shall; for the purpose of this
Chapter and of any rule or by-laws made under this Act, be deemed to be
material if- ., , "
(a) it increases or diminishes the height of, the area covered by or the
cubical capacity of the building or any part thereof j or , , '
it affects oris likely (0 affecrprcjudiciall y the stability or safety of
the building or the condition of'the building in respect of dr<linag~,
vent ilat ion , sanitation Of hygiell,e j <;>1", ", , ,',,' , , ",. "
it converts into a place Ior human habitation a bUilding or part of a
building originally constructed for other pur~oses; or
it is an alteration or addition declared by any rule Or by-laws n1<ld~
in this behalfto be a.material alteration or addition.'." ""', ' .
(b)
(c)
(d)
(3) If any question arises as to whether a:ny addilion9r al'te,:~tion is,nscesspry
repairs not alTecling the position, safety', stability, use, sanitary condition or dirncn-
slonof a building or room, such question shall be referred to the Corporatlon at
a meeting and the decision of theCorporat ion shall be final. I, ' .
49.. If any.building or part of pny,huilding has been commenced or .cons-
tructcd not in' conformity with the provlsicns of this Chapter or any rules or, by-
laws made in relation to buildings, the Corporation may, in addition to any prose-
cution t

Excerpt shown. Open the full act in Lexace.

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