The Tripura Municipal Act_1994

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

CONTENTS 
Section Subject 
PART 1 
CHAPTER 1 
PRELlMINARY 
1. Short title and commencement. 
2. . Definitions. 
CHAPTER I1 
CONSTITUTION OF MUNICIPAL AREA 
3. Declaration intention to constitute a Municipal Area. 
4. Publication of declaration. 
5. Consideration of objection. 
6. Constitution of Municipal Area., 
7. Power to abolish or alter the limits of Municipal Area. 
8. Power to include certain dwelling house, manufactory, etc. within a particular 
Municipal Area. 
9. Power to exempt Municipal Area from operation of any provison of the Act. 
CHAPTER I11 
CONSTITUTION, COMPOSITION ETC. 
OF THE MUNICIPALITIES 
10. Constitution of the Municipalities. 
11 Composition of Municipalities. 
12. Total number of seats for direct election in Municipalities and Municipal 
Constituencies. 
13. Constitution, Composition of Wards Committees etc. 
14. Formation of special Committee. 
15. Constitution of Joint Committee. 
16. Constitution of Standing Committee. 
17. Powers, functions and duties of Standing Committee. 
18. Resevation of seats. 
19. Duration of Municipalities etc. 
20. Dissolution of Municipalities. 
21. Consequence of dissolution. 
CHAPTER IV 
MUNICIPAL AUTHORITIES 
22. Nagar Panchayat to be the legislative body. 
23. Nagar Committee to be the executive body. 
24. Chairperson. 
25. Election of Chairperson. 
26. Term of office of the Chairperson. 
27. Vice-Chairperson. 
28. Other Members of the Nagar Committee. 
29. Terms of office of thevice-Chairperson and other members of the Nagar Committee. 
30. Municipal Council shall be the legislative body. 
31. Chairperson-in-Council shall be the executive body. 
32. Chairperson. 
33. Election of Chairperson. 
34. Terms of office of Chairperson. 
35. Vice-Chairperson. 
36. Members of Chairperson-in-Council. 
37. Terms of office of the Vice-Chairperson and other members of the 
Chairperson-in-Council. 
38. Municipal Corporation shall be the lagislative body. 
39. Mayor-in-Council shall be the executive body. 
40. Mayor. 
41. Exercise of powers by the Mayor in anticipation of the Mayor-in-Council approval. 
42. Powers of the Mayor in emergency. 
43. The Deputy Mayor to act as Mayor or to discharge his functions during 
causal vacancies in the office, during the absence of Mayor. 
44. Election of Mayor. 
45. Term of office of Mayor. 
46. Term of office Deputy Mayor and other members of Mayor-in-Council. 
47. Other members of the Mayor-in-Council. 
48. Municipal Accounts Committees of the Municipal Corporation. 
CHAPTER V 
ELECTION 
49. Holding of general election. 
50. Appointment of election authorities. 
51. Electoral roll for Municipal Area. 
52. Condition for registration of a voter. 
53. Disqualification for registration in an electoral roll . 
54. Appeal. 
55. Offences in respect of electoral roll. 
56. Right of vote. 
57. Qualification for election as a member of Municipality. 
58. General disqualificaion for membership of Municipality. 
59. Election of ineligible persons and disqualificaion subsequently incurred. 
60. Voting. 
61. Corrupt practice. 
62. Penal provision for corrupt practice. 
63. Prosecution and appeal. 
64. Orders of disqualification. 
65. Election petition and procedure. 
Setting aside of election. 
Scrutiny of votes and declaration or confirmation of result. 
Bar to jurisdiction of Courts. 
Fresh election when an election is set aside. 
Saving of acts done by a member before the election is set aside. 
Power of State Government to remove disqualificaions of modify terms thereof. 
CHAPTER VI 
THE MUNICIPALITY AND THE MUNICIPAL ESTABLISHMENT. 
Oath of allegience to be taken by Members. 
Meeting of the Municipality. 
Remuneration and allowances. 
Officers and other employees of Municipality. 
Salaries and allowances of officers and employees. 
Power to declare esential services in Municipality. 
Creation, abolition and recruitment. 
Placement of staff of State Government at the disposal of Municipality. 
Technical assistance. 
Training and research. 
Transfer of staff. 
Appointment of Pay Review Cornmitee. 
PART I1 
CHAPTER VII 
GENERAL POWERS AND FUNCTIONS, MUNICIPALITY 
FUND AND PROPERTY 
84. Functions of Municipality. 
85. Municipal Fund and its custody. 
86. Application of Municipal Fund. 
87. Exclusive use of fund for a particular purpose. 
88. Financial assistance from the State Government. 
89. Loan. 
90. Power to acquire and hold property. 
91. Vesting of property. 
92. Acquisition of land. 
93. Special provisions for acquisition of lands adjoining streets. 
94. Disposal of property. 
95. Inventry of properties of the Municipalities. 
CHAPTER VIII 
REGULATORY POWERS AND FUNCTIONS 
96. Power of the Municipality in respect of control of public Street. 
97. Rights of way for underground utilities. 
98. Power to prescribe building line and street alignment. 
99. Restriction on erection of or additions to buildings or stalls within street alignment 
or building line. 
100. Power to take possession of land for building line etc. 
101. Power to set back building to be regular street line. 
102. Payment of Compensation. 
103. Power to prohibit use of public streets for certain kind of traffic. 
104. Temporary closer of public street. 
105. Power to declare public street as free parking area. 
106. Sanction for projection over street and drain. 
107. Power to remove encroachment. 
108. Penalty for encroachment of street or open space. 
109. Prohibition of damage to Municipal property. 
110. Municipality may require person to repair damage to public street etc. 
111. Naming and numbering of street and premises. 
112. Access over private street. 
113. Municipality may take over private street. 
114. New private street. 
115. Layout plants. 
116. Lighting of streets and public places. 
117. Generation of electricity. 
118. Power to make building Rules. 
119. power to regulate future construction of building. 
120. Power to prohibit change of authorised use of building. 
121. Licence for use of premises for non-residential. 
122. Power to prevent use or premises for environmental reasons. 
123. Approval or sanction of building site and building plan. 
124. Municipality to be informed about use of occupancy of building. 
125. Sanction of building plan and permission to executive work. 
126. Grounds on which sanction may be refused. 
127. Period of complection of building work. 
128. Completion Notice. 
129. Power to prevent use of inflamable materials. 
130. Inspection of building. 
131. Repair works exempted. 
132. Power to cancel permission. 
133. Order for demolition or alteration of building. 
134. Power to stop excavation. 
135. Power to stop unauthorised construction. 
136. Power to require alteration or exisiting building. 
137. Maintenance of building. 
138. Power to order demolition of dangerous building. 
139. Power to Make regulation. 
CHAPTER IX 
WATER SUPPLY 
140. Water Supply. 
141. Vesting of public water-work. 
142. Construction of water works. 
143. Power to lay or carry pipe or channel. 
144. Control of construction of land to which water main etc. pass. 
145. Water connection to premises. 
146. Water-supply hydraints, stand posts etc. 
147. Municipality to maintain and regulate all private connection to the service main. 
148. Water supply outside Municipal area. 
149. Power to State Government to take over water works. 
150. Power to Cut off water supply. 
151. Digging of well etc. without permission is prohibited. 
152. Setting apart of water source for drinking and other purposes. 
153. Water analysis. 
154. Power to make rules. 
155. Power to make regulations. 
CHAPTER X 
DRAINAGE AND SEWERAGE 
156. Municipality to provide drainage and sewerage. 
157. Cleaning of darains. 
158. Statement and disposal of sewerage. 
159. Construction and Maintenance of drainage and sewerage system. 
160. Power to lay or carry pipes through private and public land. 
161. Use of public drain by private owners. 
162. Demolition of unauthorised drain. 
163. Combined drainages for group of building. 
164. Power to enforce drainage of undrained premises. 
165. Power of the State Government to take control of certain drainage work. 
166. Encroachment of Municipality drain. 
167. Power to make rules. 
168. Power to make regulations. 
CHAPTER XI 
FUNCTIONS IN RELATION TO SOLID WASTE 
169. Collection, removal. 
170. Provision for temporary deposit. 
171. Duties of owners or occupiers to collect and deposit rubbish. 
172. Cleaning of street and removal of solid waste. 
173. Solid waste to be municipal property. 
174. Removal of solid waste from non-residential premises. 
175. Disposal of Solid waste. 
176. Sanitation of special occasion. 
177. Prohibition against deposit of solid waste. 
178. Presumption as to commission of offence. 
179. Penalty. 
180. Power to enforce scavanging of planning work. 
CHAPTER XI1 
MUNICIPAL MARKETS AND SLAUGHTER HOUSE 
181. Municipal markets and slaughter house. 
182. Permission for use municipal market. 
183. Power to levy fee, rent etc. for use of municipal market. 
184. Rate of premium, rent etc. to be published. 
185. Private market and slaughter house. 
186. Power to expel persons from municipal market. 
187. Prohibition of business or trade outside Municipal or private market. 
188. Municipal Licence for sale. 
189. Power to seize and arrest for unauthorised sale of animals, fish. 
190. Power to seize food or drug if found unfit for human consumption. 
191. Commercial project by municipality. 
CHAPTER XI11 
MUNICIPAL REVENUE 
192. Power to levy taxes etc. 
193. Property tax. 
194. Provision of the Bengal Municipal Act, 1932 to apply for assessment of tax. 
195. Provision of the Bengal Municipal Act, 1932 to apply for determination annual 
rental value. 
196. Power of the State Government to adopt any alteration assessment mechanism. 
197. Tax on advertisement (other than advertisement in the news papers). 
198. Tax on carts and Carriages. 
199. Tolls on ferries and bridges. 
200. Power to establish Toll Bar. 
201. Fees on licence and permits. 
202. Construction fees. 
203. Application fees. 
204. Fees for specific services. 
205. Parking fee. 
206. Entry fee on goods vehicles and passengers vehicles. 
207. Levy on congragation. 
208. Levy of surcharge. 
209. Exemption. 
210. Power of exemption or remission of a municipality. 
21 1. Distribution and allocation of revenues. 
212. Grant-in-aid. 
213. Power to make rules. 
214. Intimation about amount of taxes. 
566 
215. Method of enforcing recovery of taxes. 
216. Incidents of property tax. 
217. Recovery of tax from unathorised occupier. 
218. Power of the Governor to give directions. 
CHAPTER XIV 
URBAN AND REGIONAL PLANNING AND DEVELOPMENT 
219. Bustee improvement scheme. 
220. Management of facilities for common use by user's committee etc. 
221. Removal of congested buildings. 
222. Power to require improvement of building unfit for human havitation. 
223. Master plan for Urban development region. 
224. Urban Development Committee. 
225. Control of Municipality over Urban Development activities. 
226. Power to make rules. 
CHAPTER XV 
PUBLIC SAFETY AND NUISANCE 
227. Precautions in case of dangerous structures. 
228. Precautions in case of dangerous trees. 
229. Precautions in case of dangerous rank, will, holes, etc. 
230. Power to stop dangerous quarring. 
231. Precaution against fire. 
232. Prohibition of construction of walls, tanks, etc. 
233. Filling in of pools etc. which are nuisance. 
234. Cleaning of insanitatory private tank or wall used or drinking purposes. 
235. Prohibition against, or regulaltion or, washing animals or clothes or fishing in 
public water courses, tanks etc. 
236. Provision of public toilets and wash houses. 
237. Prohibition against defilling water tanks etc. 
238. Unoccupied buildings or lands. 
239. Premises not to be used for keeping animals, birds etc. without licence. 
240. Seizure of certain animals or birds. 
241. Power to deal with infected dogs or animals. 
242. Power to stop nuisance froin animals within premises. 
243. Control and removal of Khatals. 
244. Power to require repair alternation, removal or conversion latrines etc. 
CHAPTER XVI 
MEASURES TO CONTROL INFECTION AND MATTERS 
REGARDING VITAL STATISTICS 
245. Measures for prevention and checking of dangerous diseases. 
246. Power of municipality to close lodging and eating house. 
247. Power of il~l~nicipality to restrict or prohibit sale of fish, flesh, food, drink, articles etc. 
248. Control over well and tanks etc. 
249. Disposal of infectious corpses. 
250. Registration of births and deaths. 
251 Information regarding death. 
252. Medical practitioner to certify cause of death. 
253. Duties of police in regard to unclaimed corpses. 
254. Sextons etc. not to bury etc. corpse. 
CHAPTER XVII 
DISPOSAL OF DEAD 
255. Registration of places for disposal of dead. 
256. Power to require closing of burning and burial grounds. 
257. Prohibitions regarding burials within places of worship and exhumation. 
258. Acts prohibited in connection with disposal of dead. 
259. Disposal of dead animals. 
CHAPTER XVIII 
BUDGET, ACCOUNTS & AUDIT 
260. Annual Budget of municipality. 
261. Power to alter budget grants. 
262. Annual financial statement. 
263. Balance Sheet. 
264. Audit of Accounts and appointment of Auditor. 
265. Audit Report. 
266. Municipality to remedy the defect upon audit report. 
267. Special Audit. 
268. Internal Audit. 
CHAPTER XM 
FINANCE COMMISSION AND DISTRICT PLANNING BOARD 
269. Finance Commission. 
270. District Planning Committee. 
CHAPTER XX 
MISCELLANEOUS. 
271. Notice, limitation and tender of relief in suits against municipality. 
272. Indemnity. 
273. Municipality Police. 
274. Power to make rules. 
275. Power to make regulations. 
276. Disputes. 
277. penalties and punishments. 
278. Annual Administration Report. 
279. Repeal and savings. 
280. Removal of difficulties. 
Schedule - I (See Section 201) 
Schedule - I1 (See Section 84) 
Tripura Act No. 7 of 1994 
THE TRIPURA MUNICIPAL ACT, 1994 
An 
Act 
to reorganise Municipality in urban and town areas of Tripura and to 
provide for matters connected therewith or incidental thereto. 
Whereas it is expedient and necessary to replace the present statute 
relating to Municipality by one which is in conformity with the purpose, 
substance and direction of the Constitution (Seventy-fourth Amendment) Act, 
1992 which came into force on the 1st June, 1993, in general, and, in 
perticular, to endow the municipalities with functions and powers so as to 
enable them to functions as vibrant institutions of local self Government 
with greater participation of people in managing their own affairs besides 
realisation of economic and social justice. 
Be it enacted by the Tripura Legislative Assembly in the Forty-fifth 
Year of the Republic of India, as follows :- 
PART I 
CHAPTER I 
PRELIMKNARY 
Short title 1. (1 ) This Act may be called the Tripura Municipal Act, 1994. 
and comm- 
encement. (2) It extends to the whole of the State of Tripura except the areas 
under the Tripura Tribal Areas Autonomous District. 
(3) It shall come into force on such date as may be appointed by the 
State Government by Notification in the Official Gazette and different dates 
may be appointed for different provisions or for different areas. 
Definitions. 2. In this Act, unless there is anything repugnant to the subject or the 
context- 
(1) "Bridge" includes a culvert ; 
571 
(2) "Building" means a structure cnstructed by any materials for 
any purpose and includes the foundation, plinth, wall, floor, roof, chimnlys, 
fixed platform, verandah, balcony, cornice, projection or part of a building 
or anything affixed thereto but does not include l[-------------- ] tent, samiana 
or tarpaulin shelter ; 
(3) "Building line" means the line up to which the main wall of a 
building abutting on a street or a projected public street may lawfully extend ; 
(4) "Carriage" means any wheeled vehicle, with springs or other 
appliances acting as spring, which is used for the conveyance of human 
beings or goods, and includes a jinrickshaw, a van-rickshaw and a cycle 
rickshaw, but does not include a motor vehicle or a bicycle or a tricycle or 
a perambulator or other form of vehicle designed for the conveyance of 
small children ; 
(5) "Cart" means any cart, hackery or wheeled vehicle with or 
without springs, which is not a carriage or a motor vehicle as defined in 
this section, and includes a handcart, a bicycle or a rickshaw, but does not 
include a trailor of a motor vehicle, a perambulaltor or other form of vehicle 
designed for the conveyance of small children ; 
(6) "Chairperson" or "Vice-Chaiperson" means Chairperson or 
Vice-Chairperson of Municipal Council or a Nagar Commitee ; 
(7) "Dairy" includes any firm, cattleshed cow-house, milk store, 
milk shop or other place from which milk is supplied for sale or stored 
manifacture and sale of milk products ; 
(8) "District" means a Revenue District ; 
(9) "Dangerous disease" means cholera, plague, small fox, diptheria, 
tuberculosis, leprosy, influenza, encaphalities and includes any other 
epidemic, or infectious disease which the State Government may declare to 
be a dangerous disease ; 
(10) "District Council" means Tripura Tribal Areas Autonomous 
District Council. 
I. Deleted by Tl~e Tripurcr M~rrticipal (Arnerlrirnc.wr) Acr, 2000. w.e,j 6- 10-2000. 
. (1 1) "State Election Commission" means the State Panchayat Election 
Commission referred to in Section 176 of the Tripura Panchayats Act, 1993 ; 
(12) "First General Election" means the General Election held for the 
first time for constituting a Municipality after commencement of this Act ; 
(1 3) "General Election" means the election which may be held for 
constitution of a Municipality ; 
( 14) "Holding" means land held on title or agreement and surrounded 
by one set of boundaries ; 
Provided that where two or more adjoining holdings form part and 
parcel of the site or premises of a dwelling house, manufactory, warehouse 
or place of trade or business, such holdings shall be deemed to be one 
holding for the purpose of this Act. 
( 15) "House-drain" means any drain of one or more premises used 
for the drainage of such premises ; 
(1 6) "House-gully" means a passage or strip of land constructed, set 
apart or utilised for the purpose of affording access to a privy, urinal, 
cesspool or other receptacle for filthy or polluted matter to Municipal 
employees or to persons employed in the cleansing thereof or in the removal 
of such malter therefrom ; 
(17) "Market" includes any place, by whatever name called, where 
persons assemble for the sale and purchase of various articles declared and 
licenced by the Municipality as a market ; 
(18) "Municipal area" means an area constituted under this Act as 
Larger Urban Municipal area, or a Smaller Urban Municipal area or 
transitional Municipal area or a part thereof ; 
( 19) "Municipal drain" means a drain vested in the Municipality ; 
(20) "Municipal market" means a market belonging to or maintained 
by the Municipality ; 
(2 1) "Municipal slaughter house" means a slaughter house belonging 
to or maintained by the Municipality ; 
(22) "Municipality" means Nagar Panchayat, a Municipal Council 
or a Municipal Corporation constituted under this Act ; 
(23) "Member" means a member of a Municipality ; 
(24) "Nuisance" includes any act, commission, 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 ; 
(25) "Occupier" includes any person for the time being paying or 
liable to pay to the owner the rent or fee in whatever manner on account of 
the occupation of any land or building and also includes a rent free tenant : 
(26) "Offensive matter" means kitchen or stable refuse, dung, dirt, 
putrid or putrefying substance and filth of any kind which is not included in 
"sewage" ; 
(27) "Owner" includes the person for the time being receiving the rent 
of any land or building or of any part of any 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 such rent if the 
land or building or any part of the land or building were let to a tenant ; 
(28) "Population" means the population as ascertained at the last 
preceding census of which the relevent figures have been published ; 
(29) "Premises" means any land or building or part of a building or 
any hut or part of a hut, and includes the garden, ground and out-houses, if 
any appertaining thereto ; 
(30) "Prescribed" means presecribed by rules made by the State 
Government under this Act : 
(3 1) "Private drain" means any drain which is not a Municipal drain 
as defined in this section ; 
(32) "Private street" means any street, road, lane, gully, passage or 
square which is not a public street as defined in this section, and include 
any passage securing access to three or more premises belonging to the 
same or different owners ; 
(33) "Public building" means a building constructed, used or adopted 
to be used- 
(a) as a place of public worship or as a school, college or 
other place of institution (not being a dwelling house so 
used) or as a hospital, nursing home, materinity home, 
factory, work house, public theatre, public cinema, public 
hall, public concord room, public lecture room, public 
library or public exhibition room or as a public place of 
assembly ; or 
(b) as a hotel, eating house, lodging house, home hostel, refuge 
or shelter ; or 
(c) for any other public purpose ; 
(34) "Public street" means any street, road, lane, gully, alloy, passage, 
pathway, square or courtyard whether a thoroughfare or not, over which the 
public have a right to way ; 
(35) "Qualifying date" in relation to the preparation or revision of 
each electoral roll means the first day of January of the year in which it is so 
prepared or revised ; 
(36) "RatepayerUmeans a person liable to pay any rate, tax or fee 
under this Act ; 
(37) "Registered medical practitioner" means a medical practitioner 
registered under any law for the time being in force ; 
(38) "Regulations" means regulations made by a Municipality under 
this Act ; 
(39) "Rubbish" means dust, ashes, broken bricks, mortar, broken glass 
and refuse of any kind which is not offensive matter ; 
(40) "Rules" means the rules made under this Act ; 
'[40A. Schedule means shcedule of the Act 
I. htsertcd by The Tripura Municipal   amend men^) 2000, w.rJ 6.10.2000. 
575 
(4 1) "Service privy" means a fixed privy which is cleansed by hand 
daily or periodically, but does not include a movable commode ; 
(42) "Sewage"means night soil and other contents of privies, urinals 
cesspools or drains, and includes trade effluents and discharges from 
manufactories of all kinds ; 
(43) "Slaughter house"means any place used for the slaughter of cattle, 
sheep, goats, kids or pigs or hens, fowls, chicken, ducks, turkeys or any 
other eatable birds for the purpose of selling the flesh thereof as meat ; 
(44) "State Government" means the State Government ofTripura ; 
(45) "Section" means a section of this Act ; 
(46) "Street" means a public or private street ; 
(47) "Street alignment" means the line dividing the land comprised 
in and forming part of a street for the adjoining land ; 
(48) "Watercourse" includes any river, stream or channel whether 
natural or artificial ; and 
(49) "Year" means a financial year beginning on the first day ofApril. 
CHAPTER I1 
CONST.ITUTION OF MUNICIPALAREAS. 
3. Whenever the Governor is satisfied that any smaller or larger urban 
of intention 
to constitute area or a transitional area, that is to say. an area in transition from a rural 
a ,nunicipal area to an urban area- 
area. 
(i) contains a population of not less than five lakhs in such 
larger urban area or not less than fifty thousand in such 
smaller urban area or less than fifty thousand in such 
transitional area ; 
(ii) has a density of population of not less than five hundred 
inhabitants per square kilometere of area ; 
(iii) has an occupational pattern in which more than one half of 
the adult population are chiefly engaged in pursuit other 
than agriculture, and if such area is constituted a Municipal 
area the revenue generated for local administration and 
other municipal income are likely to be adequate for 
discharge of municipal functions under this Act, he may, 
by notification declare the intention to constitute such areas 
as larger urban Municipal area, or, as the case may be, a 
smaller urban Municipal area or a transitional Municipal area; 
Provided that nowithstanding anything contained herein the Governor 
may by public notification especify a larger urban area, a smaller urban area 
or a transitional area having regard to the population, density of population 
of the area, revenue generated for local administration, percentage of 
employment in non-agricultural activities, the economic importance of the 
area and such other factors as he may deem fit. 
Publication of 4. ( 1 ) The notification about the consitution of a Municipal area shall 
dec'"ration. be published in the Official Gazette and in at least two leading newspapers, 
one of which shall be in vernacular intelligible to the inhabitants of the local 
area concerned. 
(2) A copy of he notification shall also be pasted up in a conspicuous 
place in the office of the District Magistrate and in such other public places 
as the State Government may direct. 
(3) A public proclamation about the constitution of a Municipal 
area shall be made either by beating of drum throughout the local area. 
concerned or through any other publicity media. 
5. Any inhabitant of the larger or a smaller urban area or the transitional Consideration 
area in respect of which the notification has been published under section 4 of objection. 
may, if he objects anything contained in the notification. shall submit his 
objection in writing to the State Government within one month from the date 
of publication in the Official Gazette, and the State Government shall take 
his objection into consideration. 
6. On expiry of one month from the date of publication of the notification Constitution of 
in the Official Gazette and after consideration of all or any of the objections inunicipal area. 
which may be submitted, the State Government may, by notification, 
constitute such area notified under Section 3 or a part of it as larger urban 
Municipal area, or as the case may be, a smaller urban Municipal area or 
trasitional Municiapal area. 
7. After consultation with the Municipality concerned (if it has already Power to abolish 
been established) the State Government may, by similar notification, and Or lhe 
following the same procedure laid down for constitution of Municipal limits of a munici~al area. area- 
(a) withdraw any Municipal area from the operation of this 
Act ; or 
(b) exclude from a Municipal area any local area comprised 
therein and defined in the notification : or 
(c) exclude within a Municipal area contiguous to the same 
and defined in the notification ; or 
(d) divide any Municipal area into two or more Municipal 
areas ; or 
(e) unite two or more Municipal areas so as to form one 
Municipal area ; or 
(f) revise the boundary of two or more contiguous Municipal 
area ; or 
(g) re-define the boundaries or limits of a Municipal area ; or 
Power to 8. Where a dwelling house, manufactory, warehouse, or place of certain dwelling 
house mannfac- industry or business is situated within the limits of two or more adjacent 
tory, etc. within Municipal areas, the State Government may, notwithstanding anything 
a particular contained in this Act, by notification, declare within which of those municipal area. Municipal areas such dwelling house, manufactory, warehouses, or place 
of industry or business shall be deemed to be included for purpose of this 
Act. 
Power to exempt 9. ( 1 ) The State Government may, by notification and for reasons to . - municipal area be recorded in writing, exempt any Municipal area or Municipal areas from operation 
of any provision from the operation of any of the provisions of this Act and thereupon the 
of the Act. said provisions shall not apply to such Municipal area or Municipal areas 
until such provisions are applied thereto by subsequent notification. 
(2) While the exemption, as aforesaid, remains in force, the State 
Government may make rules with respect to any matter within the purview 
of this Act for the Municipal area or Municipal areas so exempted. 
I. Dclered by The Triprtru M~lrric,ipcr[ (Arrietril~rier~~) Acr, 2000, w.e.J. 6-10-2000. 
CHAPTER 111 
CONSTITUTION, CONPOSITION ETC. OF THE 
MUNICIPALITIES. 
10. ( 1 ) The members elected in a general election of a Municipality and Constitution of' the 
other members mentioned in sub-section (2) of section 11 shall constitute- Municipa'ities. 
(a) a Nagar Panchayat for a transitional Municipal area ; 
(b ) a Municipal Council for a smaller urban Municipal area ; and 
(c) a Municipal Corporation for a larger urban Municipal area ; 
Provided that a Municipal Corporation under this clause may not be 
constituted in such urban area or a part thereof as the Governor may, having 
regard to (he 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 he may deem fit, by public notification specify to be an 
industrial township. 
(2) A Nagar Panchayat, a Municipal Council or a Municipal Corporatinon 
shall be the authority of the Municipal Government in the respective 
Municipal area. 
(3) The Municipal Authorities charged with the responsibity of carrying 
out the provisions of this Act shall be as follows :- 
(i) in the case of larger urban municipal area - 
(a) the Municipal Corporation, 
(b) the Mayor-in-Council, and 
(ii) in the case of smaller urban municipal area- 
(a) the Municipal Council, 
(b) the Chairperson-in-Council, and 
(c) the Chairperson. 
(iii) in the case of a transitional municipal area - 
(a) the Nagar Panchayat, 
(b) the Chairperson-in-Nagar Committee ; and 
(c) the Chairperson. 
(4) Every Municipality shall be a body corporate with the perpetual 
succession and a common seal, and may, by the name of the Municipality of 
the respective area by reference to which the Municipality is known, sue 
and be sued. 
(5) Subject to the provisions of this Act, a Municipality shall be 
entitled to acquire, hold and dispose of properties. 
Composition 11. (I) Save as provided in clause (2), all the seats in a Municipality 
the Munici- shall be filled by persons chosen by direct election from the terriorial 
palities. constituencies in the Municipal area. 
(2) Each Municipality may consist of - 
(a) . the members elected under s11 b-section ( 1) ; 
(b) the persons having special knowledge or experience in 
Municipal Administration as may be nominated by the 
Governor. : 
Provided that the number of such noininated persons shall not exceed-- 
(i) in the case of a Municipal Corporation, five ; 
(ii) in the case of a Municipal Council, three ; and 
(iii) in the case of a Nagar Panchayat, two ; 
(c) the Chairpersons of the Ward committees and such other 
Committees, if any, constituted under thisAct and decided 
by the State Government ; 
Provided that the members referred to in clause (b) shall not have the 
right to vote in the meeting of the Municipality. 
12. ( 1) Subject to the provision of sub-section (3) the total number of Total number of 
seats in every Municipality, to be filled by persons chosen by direct election for direct 
election in from Municipal constituencies, and the number of seats. if any, to be reserved 
for the Schedule Castes and for the Schedule Tribes of the Municipality and ~~~~~i~~l 
including the number of seats to be reserved for women shall be such as the constituencies. 
State Government may dertermine by notification : 
Provided that one seat may be allotted for population of not less than 
eight hundred, in larger or smaller Urban Municiapl area and not less than 
such population as the State Government may determine for transitional 
Municipal Area. 
(2) Every Municipal constituency referred to in sub-section (1) shall 
be a single member constituency. 
(3) The number of seats to be filled by direct election in every 
Municipality shall be- 
(a) in the case of a Corporation, not less than twenty and not 
more than forty ; 
(b) in the case of a Municipal Council, not less than fifteen 
and not more than twentyfive ; and 
(c) in the case of a Nagar Panchayat. not less than five and 
not more than fifteen. 
(4) (i) For the purpose of election to the Municipality, every 
Municipal area shall be divided by such authority and in 
such manner as may be prescribed, into such number of 
territorial constituencies as ]nay be determined under 
sub-section (1) to be known Wards having regard to the 
population, dwelling pattern, geopraphical condition 
and economic condition of the area included in each 
constituency : 
Provided that the ratio of population of each constituency shall, as far 
as practicable, be the sanle throughout the Municipal area. 
582 
(ii) Nothing in sub-section (1) shall affect the existing number 
of members of a Municipality until the first general election 
under this Act is held. 
'[Provided further that after a General Election, if due to exclusion of 
any area from or inclusion of any area in a Municipality the number of seats 
and constituencies for such a Municipality, determined in  he General Election, 
is affected, determination of total number of seats including reservation of 
seats for Scheduled Castes and ScheduledTribes and division of the miinicipal 
area into constituencies shall be made afresh before conducting next election. 
in such manner, as may be prescribed.] 
Constitution 13. ( i ) There may be the constituted Wards Committees, consisting of 
CO"'position one or more wards, within the territorial area of a Municipality having a of wards 
Committees P opulation of three lakhs or more. 
etc. .I 
(2) The composition and the territorial area of a Wards Committee 
and the manner in which the seats in a Wards Committee shall be filled, shall 
be such as may be prescribed. 
(3) Where a Wards Committee consists of - 
(a) one ward, the member representing that ward in the 
Municipality ; or 
(b) two or more wards, the members representing such wards 
in the Municipality shall elect one of them to be the 
Chairperson of that Committee. , 
14. (1) The Municipality may, from time to time, appoint a Special of Special 
Committee- Committee consisting of such ndmbers of the Municipality as it may consider 
necessary, to perform such specified functions, or conduct such enquiries, or 
undertake such studies including reports thereon, as may be contained in a 
resolution in this behlf. 
(2) Any person who is not a member but possesses special 
qualifications useful for the purpose of a committee, as aforesaid, may be 
associated therewith as its member. 
(3) The manner of transaction of business in a special Commitee 
shall be such as may be laid down by the Municipality. 
15. (1) The State Government may, if it considers necessary so to do, Constitution 
constiute a Joint Committee for more than one Municipality, or for one or of Joint 
more Municipalities with other local authority or local authorities for any Committee. 
purpose in which they are jointly interested 01. for delegating to it any power 
or fu11ction which calls for joint action. 
(2) The Joint Committee shall consist of the following members, 
na~nel y : - 
(i) two nominees of each constituent Municipality or other 
local authority ; 
(ii) one nominee of each of the concerned departments of the 
State Government or of the concerned local authorities ; and 
(iii) such expert or experts as the State Governnlent inay 
nominate. 
(3) The procedure or transaction of business by a Joint Committee 
shall be such as may be prescribed. 
16. (1) Each Municipality 111;~~ have the following Standing Constitution 
Committees, nanlely :- 
(a) Finance Commitlee ; 
(b) Public Health Committee ; and 
(c) Pub1 ic Works Committee 
(2) Each Standing Committee shall consist of the following 
members. namely :- 
(3) (i) in the case of Municipal Corporation, six members ; 
(ii) in thecase of Municipal Council four members ; and 
of Standing 
Committee. 
(iii) in the case of Nagar Panchayat, three members ; 
to be elected in the prescribed manner by the members of the 
Municipality from amongst themselves ; and 
(b) Such number of persons, not more than four, 
being officers of the State Goveriiment, having 
requisite expertise for development of Municipality 
services and their maintenainance. as may be 
nominated by the State Government : 
Provided that the persons nominated by the State Government shall 
not have the right to vote at a meeting of the Standing Committee. 
(3) The Chairperson of the Municipality shall be the ex-officio 
President of the Finance Committee. 
(4) The President of each Standing Committee other than the Finance 
Committee shall be appointed by the Chairperson from amongst the members 
of such Committee : 
Provided that if thevice-Chairperson of the Municipality is a member 
of the Committee, he shall be the ex-officio President of the Committee if the 
Chairperson is not in the Committee. 
(5) If the President is for any reason unable to act or absent in any 
sitting, the Chairperson may appoint another member to act as President. 
(6) If the Chairperson himself is the President of the Committee and 
is absent fro111 any sitting the Committee shall elect another member from the 
members present as President for that sitting only. 
(7) The term of the office of a member of a Standing Committee 
shall be two and a half year : 
Provided that the Committee shall hold office until a new Committee 
is constituted. 
(8) No member of a Municipality except the Chairperson shall be a 
member of more than two Standing Committees. 
(9) The State Government may make rules providing for the removal 
of a member of a Standing Committee. 
Provided that a member may resign at any time by writing under his 
hand and addressed to the Chairperson of the Municipality. 
17. ( 1) Each Standing Committee shall perform such functions, exercise Powers, functions - 
such powers and discharge such duties as may be prescribed or as may be and 
assigned to it by the Municipality. of Standing 
Committee. 
(2) The Municipal Secretary or such other officer as may be 
appoined by the Chairperson shall be the ex-officio Secretary of the Standing 
Committees. 
(3) The proceedings of every Standing Committee shall in the form 
of a report be presented to the Chairperson by the President or by any 
member of the Committee authorised by it and shall be subject to 
comfirmation, modification or rejection by the Municipality. 
18. (1) Seats shall be reserved for the Scheduled Castes and Scheduled Reservation 
Tribes in every Municipality and the number of seats so reserved shall of Seats. 
bear, as nearly as may be, the same proportion to the total number of seats 
to be filled by direct election in that Municipality as the population of the 
Scheduled Castes and in the Municipal area or of the Scheduled Tribes in 
the Municipal area bears to the total population of that area and such seats 
may be allotted by rotation to different constituencies in the Municipality 
having Scheduled Castes or Scheduled Tribes population. 
(2) Not less than one-third of the total number of seats reserved 
under clause (1) shall be reserved for women for belonging to the Scheduled 
Castes or as the case may be, the Scheduled Tribes. 
'1 (3) Not less than one-third (including the number of seats reserved 
for women belonging to Scheduled Castes and SheduledTribes) of the total 
number of seats to be filled up by direct election in every municipality shall 
be reserved for women and such seats may be allotted by rotation to different 
constituencies in a municipalilty.] 
I. Subsrir~rtc,cl hi' Tlir TI-ipurrr Mlrrric-ipnl (A~~ret~rl~rierztl Acr. 2000. lt.e.j. 6.10.2000. 
(4) Seats shall be reserved in the office of the Chairpersons of the 
Municipalities for the Scheduled Castes and Sheduled Tribes and number of 
offices so reserved in the Municipalities shall bear, as nearly as may be, the 
same proportion to the total number of such offices as the population of the 
Scheduled Castes in the Municipalities or of the Sheduled Tribes in the 
Municipalities bears to the total population of the Municipalities. 
'[Provided that in the event of non-availability of any elected member 
belonging to Scheduled Caste or as the case may be, Scheduled Tribe, the 
reservation rotation for the office of the Chairperson shall skip to next rotation.] 
(5) Not less than one-third of the total number of offices of Chairperson 
of Municipali ty, including the number of seats reserved for the Scheduled Castes 
and the ScheduledTribes, shall be reserved for women in such manner as may 
be prescribed. 
'[ (6) The number of offices reserved under sub-section (4) and (5) may 
be allotted, as far as may be possible, by rotation to didfferent municipalities 
in such manner as may be prescribed.] 
(7) The reservation of seats under clauses (1) and (2) the reservation of 
offices of Chairperson (other than the reservation for women) under clause (4) 
shall cease to have effect on the expiration of the period specified in Article 334. 
Duration of 19. (1) Every Municipality, unless sooner dissolved, shall continue for 
Municipali- five years from the date appointed for its first meeting and no longer and the 
ties etc. expiration of the said period of five years shall operate as a dissolution of the 
Municipality. 
(2) No amendment of any law for the time being in force shall have the 
effect of causing dissolution of a Municipality at any level, which is functioning 
immediately before such amemdment, till the expiration of its duration specified 
in clause ( 1). 
(3) An election to constitute a Municipality shall be completed,- 
(a) before the expiry of its duration specified in clause (1) ; 
(b) before the expiration of a period of six months from the 
date of its dissolution ; 
Provided that where the remainder of the period for which the dissolved 
Municipality would have continued is less than six months, it shall not be 
necessary to hold any election under this clause for constituting the Municipality 
for such period. 
(4) A Municipality constituted upon the dissolution of a Municipality 
before the expiration of its duration shall continue only for the remainder of the 
period for which dissolved Municipality would have continued under clause 
(1) had it not been so dissolved. 
20. ( 1 ) If in the opinion of the State Government any Municipality- Dissolution 
of Munici- 
(a) has shown its incompetence to perform, or has persistently made palities. 
default in the performance of the duties imposed on it by or 
under this Act or any other law ; or 
(b) has failed to carry out or implement the direction given by the 
State Government under this Act ; or 
(c) has exceeded or abused its powers ; 
it may, by order to be published in the ofiicial Gazette, stating the reasons 
therefor, dissolve the Municipality and direct that it be reconstituted within 
such period not exceeding six months as may be specified in the order. 
(2) The State Government shall, before making any order under sub- 
section (1) give the Municipality an opportunity of being heard. 
(3) Every order made under sub-section (1) shall be laid before the 
State Legislature as soon as it may be after it is made. 
21. ( 1 ) When an order of dissolution has been passed under sub-section Consequences 
(1) of section-20, then with effect from the date of the order- of dissolution. 
(a) all members of the Municipality shall vacate their offices. 
(b) all the powers, duties and functions which under the provisions 
of this Act or any rules or orders made thereunder or any law 
for the time being in force, may be exercised, discharged or 
performed by any Municipal authority, shall be exercised, 
discharged or performed by such authority or person as may 
be appointed by the Slate Government in this behalf. 
(2) On the reconstitution of the Municipality the authority or person 
appointed under claused (b) of sub-section (1) shall cease to function. 
CHAPTER IV 
MUNICIPAL AUTHORITIES 
Nagar Panchayat 22. A Nagar Panchayat shall be the legislative body of theMunicipality 
to be the of a transitioanal Municipal area and all legislative act

Excerpt shown. Open the full act in Lexace.

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