LexThe UTTAR PRADESH MUNICIPALITIES ACT, 1916
Uttar Pradesh · state statute
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2
THE 1[UTTAR PRADESH] MUNICIPALITIES ACT, 19162
[ U. P. ACT No. II of 1916 ]
Amended by
U. P. Act No. 01 of 1918
U. P. Act No. 02 of 1919
U. P. Act No. 06 of 1919
U.P. Act No. 07 of 1919
U.P. Act No. 38 of 1920
U. P. Act No. 06 of 1922
U.P. Act No. 09 of 1922
U. P. Act No. 02 of 1926
U. P. Act No. 04 of 1927
U. P. Act No. 04 of 1929
U. P. Act No. 11 of 1929
U. P. Act No. 12 of 1929
U. P. Act No. 03 of 1931
U. P. Act No. 05 of 1932
U. P. Act No. 11 of 1932
U. P. Act No. 15 of 1932
U. P. Act No. 06 of 1933
U. P. Act No. 09 of 1933
U. P. Act No. 04 of 1934
U. P. Act No. 17 of 1934
U. P. Act No. 20 of 1934
U. P. Act No. 02 of 1935
U. P. Act No. 05 of 1935
U. P. Act No. 09 of 1935
U. P. Act No. 05 of 1936
U. P. Act No. 03 of 1937
U. P. Act No. 05 of 1939
U. P. Act No. 04 of 1940
U. P. Act No. 08 of 1942
U. P. Act No. 13 of 1942
U. P. Act No. 17 of 1942
U. P. Act No. 11 of 1943
U. P. Act No. 01 of 1945
U. P. Act No. 08 of 1945
1. Subs. by sec. 32 of U.P. Act no. 26 of 1995.
2. For Statement of Objects and Reasons see Gazette 1915, Pt. VII, op. 474; for R. S. Com., see ibid, 1915,
Pt. VII, p. 645; for discussion, see L. C. Pro. in ibid, 1915, Pt. VII, p. 503, and ibid, 1916, pp. 202 and 409.
4
U. P. Act No. 07 of 1949
U. P. Act No. 11 of 1950
U. P. Act No. 05 of 1951
U. P. Act No. 14 of 1951
U. P. Act No. 07 of 1953`
U. P. Act No. 01 of 1955
U. P. Act No. 20 of 1963
U. P. Act No. 27 of 1964
U. P. Act No. 04 of 1965
U. P. Act No. 29 of 1966
U. P. Act No. 30 of 1970
U. P. Act No. 17 of 1972
U. P. Act No. 22 of 1972
U. P. Act No. 34 of 1972
U. P. Act No. 02 of 1973
U. P. Act No. 45 of 1975
U. P. Act No. 41 of 1976
U. P. Act No. 09 of 1977
U. P. Act No. 10 of 1978
U. P. Act No. 35 of 1978
U. P. Act No. 17 of 1979
U. P. Act No. 17 of 1982
U. P. Act No. 15 of 1983
U. P. Act No. 25 of 1983
U. P. Act No. 05 of 1984
U. P. Act No. 27 of 1985
U. P. Act No. 18 of 1986
U. P. Act No. 03 of 1987
U. P. Act No. 19 of 1990
U. P. Act No. 09 of 1991
U. P. Act No. 12 of 1994
U. P. Act No. 26 of 1995
U. P. Act No. 03 of 1996
U. P. Act No. 22 of 2001
U. P. Act No. 23 of 2001
U. P. Act No. 06 of 2004
U. P. Act No. 02 of 2005
U. P. Act No. 08 of 2005
U. P. Act No. 23 of 2005
U. P. Act No. 25 of 2006
6
U. P. Act No. 38 of 2006
U. P. Act No. 49 of 2007
U. P. Act No. 28 of 2009
U. P. Act No. 29 of 2009
U. P. Act No. 07 of 2011
U. P. Act No. 08 of 2011
U. P. Act No. 07 of 2012
U. P. Act No. 09 of 2013
U. P. Act No. 01 of 2017
U. P. Act No. 26 of 2018
U. P. Act No. 05 of 2023
U. P. Act No. 06 of 2023
U. P. Act No. 16 of 2026
Adopted and modified by the Government of India
(Adoptation of Indian Laws) Order, 1937.
Adopted and modified by the Adoptation of Laws Order,
1950.
(Received the assent of the Lieutenant-Governor on the
11th May, 1916 and of the Governor General on the 15th June,
1916, and was published 1 under section 81 of the Government
of India Act 1915, on the 24th June, 1916. )
An Act to consolidate and amend the Laws relating to
Municipalities in the 2
follows ;
WHEREAS it is expedient to consolidate and amend the
law relating to municipalities in the 2[Uttar Pradesh] ; it is
hereby enacted as follows ;
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the 2[Uttar Pradesh]
Municipalities Act, 1916.
3[ (2) It shall extend to the whole of Uttar Pradesh. ]
(3) It shall come into force on the first day of July, 1916.
Definitions 2. In this Act, unless there is something repugnant in the
subject or context
4[
citizens specified in Schedule 1 of the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and Other
Backward Classes) Act, 1994 ; ]
1. For Statement of Objects and Reasons see Gazette 1915, Pt. VII Op. 474 for R.S. Com, see ibid 1915, Pt. VII,
P. 645; For discussion, see L.C. Pro. in ibid, 1915, Pt. VII, P. 503, and ibid, 1916, Pp. 202 and 409.
2. Subs. sec. 32 of Act no. 26 of 1995.
3. Subs. for sub-sec. (2) of sec. 1 by the A. O. 1950.
4. Subs. by sec. 73(a) of U.P. Act no. 12 of 1994.
8
1 -house, stable, shed, hut or
other enclosure or structure whether of masonry bricks, wood, mud,
metal or any other material whatsoever whether used as a human
dwelling or otherwise, and includes any verandah, platform, plinth,
staircase, door-step, wall including compound wall other than a
boundary wall of a garden or agricultural land not appurtenant to a
house but does not include a tent or other such portable temporary
shelter. ]
Act or Order Notification, if Date from
Areas under which any, under which
extended which forced enforced
1 2 3 4
1. Rampur Rampur (Applica No. 177 (e)-J, d.
District -tion of Laws) July 31, 1949. July 31, 1949.
Order, 1949.
2. Banaras Banaras (Applica No. 2781 and
District -tion of Laws) 2782-XVII, d. Sep, 6. 1950.
Order, 1949 Sept. 6, 1950.
3. Tehri- Tehri-Garhwal
Garhwal (Application of Laws) Ditto. Ditto.
District Order, 1949.
- -law made in exercise of a power
conferred by this Act.
(4) 2[ * * * * ]
the appurtenance of a building or the common appurtenance of several
buildings.
(5)(a)3 ies, Uttar
Pradesh of printed under section 31-B.
4[(5-aa)
Planning Committee constituted under Article 243-ZD of the
Constitution ; ]
(6)
device to carrying of sulage, sewage and polluted water or rain water or
sub soil water together with pail delots trots, sinks cistens flush tanks
and other fitting appertaining thereto.
5[ (6-
6[constituted under] Article 243I of the Constitution ; ]
1. Subs. by sec. 2 (2) of U. P. Act no. 27 of 1964.
2. Omit. by sec. 73(b) of U. P. Act no. 12 of 1994.
3. Ins. by sec. 19 of U.P. Act No. 41 of 1976.
4. Ins. by sec. 73(c) of U. P. Act no. 12 of 1994.
5. Ins. by sec. 73(d) of U. P. Act no. 12 of 1994.
6. Subs. by sec. 33(a) of U. P. Act no. 26 of 1995.
10
person ordinarily residing or carrying on business or owning or
occupying immovable property therein.
-
building, or part of a building used for the accommodation of pilgrims
and travellers.
1[(8- a comprehensive plan showing
therein the existing and proposed location and general layout of
(a) arterial streets and transportation lines ;
(b) residential sections ;
(c) business areas ;
(d) industrial areas ;
(e) educational institutions ;
(f) public parks, play-grounds and other recreational places ;
(g) public and semi-public buildings ; and
(h) any other places put to any specified use. ]
2[ -government
3[referred to in clause (e) of article 243-P of the Constitution].
(9-
municipality 4[ * * * * ]
5[(9- Municipal Council constitu-
ted under sub-clause (b) of clause (1) of article 243-Q of the
Constitution ;
(9- Nagar Panchayat
constituted under sub-clause (a) of clause (1) of article 243-Q of the
Constitution ; ]
6[Official Gazette.]
r in actual occupation of his
own land or building.
Municipality
1. Ins. by sec. 2(2) of U. P. Act no. 27 of 1964.
2. Subs. by sec. 73(E) of U. P. Act no. 12 of 1994.
3. Subs. by sec. 33(b) of U. P. Act no. 26 of 1995.
4. Omit. by sec. 33(c) of U. P. Act no. 26 of 1995.
5. Subs. by sec. 33(d) of U. P. Act no. 26 of 1995.
6. Subs. by sec. 72 of U.P. Act No. 12 of 1994.
12
time being an office created or constituted by or under this act but
shall not include a member of the board or of a committee as such.
ime being receiving or
entitled to receive the rent, or a part fo rent, of any land or building
whether on his own account or as trustee, or as agent for a person or
for a religious or charitable purpose, or as receiver appointed by or
under the order of a court or who would so receive the same if the land
or building were let to a tenant.
1[(13-
of Article 243-P of the Constitution ; ]
m
or passage, verandah, fixed, platform, plinth, staircase or door step
attached to, or within the compound of an existing building or
constructed on ground which is to be the site or compound of a
projected building.
defined in the Indian
Petroleum Act, 18992.
3 [
last preceding census of which the relevant figures have been
published ; ]
4[
rules made thereunder or by or under any other enactment.
(ii)
appointed by the 5[State Government] in this behalf by notification in
the official Gazette, and, if no such officer or body corporate is
appointed, the Commissioner ].
which is open to the use or enjoyment of the public whether such
space is vested in the board or not.
(a) which is declared a public street by the 6[Municipality]
under the provision of section 221, or
1. Ins. by sec. 73(F) of U. P. Act no. 12 of 1994.
2. See. now the Petroleum Act 1934 (Act XXX of 1934).
3. Subs. by sec. 73(g) of U. P. Act no. 12 of 1994.
4. Subs. by sec. 2 (2) of U. P. Act no. VII of 1949.
5. Subs. by the A. O. 1950 for of (Provl. Govt.).
6. Subs. by sec. 72 of U.P. Act no. 12 of 1994.
14
(b) which with the consent, express or implied, of the owner of
the land comprising the street, has been leveled, played, metaled,
channeled, severed or repaired out of the municipal or other public
funds.
power conferred by this Act.
exercise of a power conferred
by this Act.
21-
assigned to it in the Reserve Bank of India Act, 1934.
1[Municipality] means any person in the
pay and service of the 1[Municipality].
2[(22- maller urban area means an area notified as such
under clause (2) of article 243 (c) of the Constitution ; ]
3[(22-
Commission 4(constituted under) Article 243-K of the Constitution ; ]
(23)
court, alley or passage which the public or any portion of the public
has right to pass along and includes on either side, the drains or
gutters and the land up to the defined boundary of any abutting
property, notwithstanding the projection over such land of any
verandah or other superstructure.
5[(23- n area in transition from a
rural area to an urban area notified as such under clause 2 of Article
243Q of the Constitution ; ]
6[(23- User charges the charges or fee levied for
specific services rendered or infrastructure created or facilities and
amenities provided by the municipality in pursuance of the provisions
of this Act. ]
(24)
used on a street, and includes a bicycle, tricycle [or motor vehicle as
defined in the United Provinces Motor Vehicles Taxation Act, 1935 ].
1. Subs. by sec. 72 of U.P. Act No. 12 of 1994.
2. Subs. by sec. 33(e) of U. P. Act no. 26 of 1995.
3. Ins. by sec. 73(h) of U. P. Act no. 12 of 1994.
4. Subs. by sec. 33 (f) of U. P. Act no. 26 of 1995.
5. Ins. by sec. 33(g) of U. P. Act no. 26 of 1995.
6. Ins. by sec. 2 of U. P. Act no. 29 of 2009.
16
1[(24-
constituted under section 3-B. ]
cattle, or for horses, or for washing carriages, where the cattle, horses
or carriages are kept for sale or hire 2[or for any other commercial
purpose] or by a common carrier, or water for any trade, manufacture
or business or for building purpose or for watering gardens 2[not
appurtenant to any dwelling house] or for fountains or for any
ornamental purpose.
springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains,
pipes, culverts, engines, hydrants, standpipes, conduits and all
machinery, lands buildings, bridges and things for supplying or used
for supplying water.
(27) Where a power is expressed as being conferred on any
authority to require a person to do one thing or to do another thing the
authority may, in its discretion, require the person to do either thing or
if the nature of the case permits, both of the things, or may give the
person the option of doing whichever of the things he chooses.
CHAPTER II
CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES
Declaration of municipalities
Declaration
and definition
of
municipalities
and cities.
3. 3[(1) Any area specified by the Governor in a notification
under clause (2) of article 243-Q of the Constitution with such limits
as are specified therein to be a transitional area or a smaller urban
area, as the case may be.
(2) The Governor may, by a subsequent notification under
clause (2) of article 243-Q of the Constitution, include or exclude any
area in or from a transitional area or a smaller urban area referred to
in sub-section (1), as the case may be. ]
4[(3) 5[the notification referred to in sub-sections (1) and (2)]
shall be subject to the condition of the notification being issued after
the previous publication required by section 4 and notwithstanding
anything in this section, no area which is, or is part of a cantonment
shall be declared to be a transitional area or a smaller urban area or
be included therein under this section.
1. Ins. by sec. 73(J) of U. P. Act no. 12 of 1994.
2. Ins. by sec. 2 (3) of U. P. Act no. 27 of 1964.
3. Subs. by sec. 34 of U. P. Act no. 26 of 1995.
4. Subs. by sec. 74 of U. P. Act no. 12 of 1994.
5. Subs. by sec. 34(b) of U. P. Act no. 26 of 1995.
18
Municipality
for every
transistional
area and
smaller urban
area
1[ 3-A. 2[ (1) A municipality constituted under clause (1) of
article 243-Q of the Constitution in accordance with part IX-A thereof
shall
(a) for every transitional area, be known as the Nagar
Panchayat ;
(b) for every smaller urban area be known as the Municipal
Council. ]
(2) Every Nagar Panchayat or Municipal Council constituted
under sub-section (1), shall be a body corporate.
(3) Notwithstanding anything in sub-section (1),
(a) every Municipal Board existing immediately before the
commencement of the Uttar Pradesh Urban Local Self Government
Laws (Amendment) Act, 1994, shall 3[from such commencement and
until the first constitution of the Municipal Council under this Act as
amended by the said Act], be deemed to be a Municipal Council under
the Act ;
(b) every notified area committee constituted under section 338
or Town Area Committee constituted under the U. P. Town Areas Act,
1914 as it stood immediately before the commencement of the Act
referred to in clause (a), shall 4[from such commencement and until
the first constitution of the Nagar Panchayat under this Act, as
amended by the Act referred to in clause (a)] be deemed to be a Nagar
Panchayat under this Act.
Constitution
and
composition
of Ward
Committee
5[ 3-B. (1) Each Ward Committee constituted under clause (1) of
Article 243-S of the Constitution within the territorial area of a
Municipal Council having a population of three lakhs or more, shall
consist of one ward.
(2) The territorial area of a Ward Committee shall consist of the
territorial area of the concerned ward.
(3) Each Ward Committee shall consist of
(a) the member of the Municipal Council representing the ward;
(b) such other members not exceeding ten as may be nominated
by the Municipal Council, from amongst persons registered as electors
within the territorial area of the concerned Ward Committee, office
bearers of citizens welfare societies and representatives of non-
government, organizations, who have special knowledge or experience
of municipal administration ;
1. Ins. by sec. 74 of U. P. Act no. 12 of 1994.
2. Subs. by sec. 35(a) of U. P. Act no. 26 of 1995.
3. Subs. by sec. 35 (b)(I) of U. P. Act no. 26 of 1995.
4. Subs. by sec. 35 (b)(II) of U. P. Act no. 26 of 1995.
5. Subs. by sec. 3 of U. P. Act no. 29 of 2009.
20
Provided that not less than one third number of total numbers
of members served for women and if in determining such number there
comes a remainder, the quotient shall be increased by one.
(4) The member representing that ward in the Municipal
Council shall be the Chairperson of that Committee.
(5) A Group C employee of the Municipal Council authorized by
the Executive Officer shall be the Secretary of the Ward Committee.
(6) The duration of the office of the Chairperson shall be
co-terminous with the term of the Ward Committee.
(7) The Chairperson shall vacate office as soon as he ceases to
be a member of the Municipal Council.
(8) In the event of the officer of the Chairperson falling vacant,
due to resignation or otherwise, before the expiry of his term, the Ward
Committee, shall, as soon as may be, on occurrence of the vacancy,
elect a new Chairperson from amongst the members nominated under
clause (b) of sub-section (3) ;
Provided that the Chairperson so elected shall hold office only
for the remainder of the period for which the person in whose place he
is elected would have held it if such vacancy had not occurred.
(9) The duration of Ward Committee shall be co-terminous with
the term of the Municipal Council.
(10) Subject to the provisions of this Act the Ward Committee
shall exercise such powers and perform such functions as may be
prescribed by rules. ]
Procedure
preliminary
to issue
notification
4. (1) Before the issue of a notification 1[referred to in section 3]
the 2[Governor] shall publish in the Official Gazette 3[and in a paper,
approved by it for purposes of publication of public notices, published
in the district or, if there is no such paper in the district, in the
division in which the local area covered by the notification is situate]
and cause to be affixed at the office of the District Magistrate and at
one or more conspicuous places within or adjacent to the local area
concerned, a draft in Hindi of the proposed notification along with a
notice stating that the draft will be taken into consideration on the
expiry of the period as may be stated in the notice ; and ]4
(2) The 2[Governor] shall, before issuing the notification,
consider any objection or suggestion in writing which it receives from
any person, in respect of the draft, [within the period stated]5.
1. Subs. by sec. 37 of U. P. Act no. 26 of 1995.
2. Subs. by sec. 75 of U. P. Act no. 12 of 1994.
3. Subs. by sec. 3 of U. P. Act no. 27 of 1964.
4. Subs. by sec. 3 (1) of U. P. Act no. I of 1955.
5. Subs. by sec. 3 (2) ibid.
22
Effect of
including area
in
1[Transitional
area or
smaller urban
area]
5. 2[Where by a notification referred to in sub-section (2) of
section 3, the Governor includes any area] in a 1[Transitional area or
smaller urban area] such area shall thereby become subject to all
notifications, rules, regulations, byelaws, orders, directions, issued or
made under this or any other enactment and in force throughout the
1[Transitional area or smaller urban area] at the time immediately
preceding the inclusion of the area.
Director of
Local Bodies.
3[ 5-A. (1) The State Government shall appoint an officer to be
the Director of Local Bodies, Uttar Pradesh.
(2) In addition to the functions expressly assigned to him by or
under this Act, the Director shall exercise such powers of the State
Government in relation to the affairs of the Mahapalika (not being
powers under sections 538 and 539), as the State Government may, by
notification in the Gazette, and subject to such conditions and
restrictions (including the condition of review by itself) as may be
specified in such notification, delegate to him. ]
The Municipal Board
6. 4[ X X X X ]
Duties of
municipal
board
7. (1) It shall be the duty of every [Municipality] to make
reasonable provisions 5[within the municipal area for ]
(a) lighting public streets and places ;
(b) watering public streets and places ;
6[ (bb) making a survey, and erection of boundary marks, of the
municipality ; ]
(c) cleaning public streets, places, and drains, removing
noxious vegetation, and abating all public nuisances ;
(d) regulating offensive, dangerous or obnoxious trades, callings
or practices ;
7[ (dd) confinement, removal or destruction of stray dogs and
dangerous animals ; ]
(e) removing, on the ground of public safety, health or
convenience, undesirable obstructions and projections in streets or
public places ;
1. Subs. by sec. 76 of U. P. Act no. 12 of 1994.
2. Subs. by sec. 38 of U. P. Act no. 26 of 1995.
3. Ins. by sec. 4 of U. P. Act no. 41 of 1976.
4. Omit. by sec. 77 of U. P. Act no. 12 of 1994.
5. Subs. by sec. 39 of U. P. Act no. 26 of 1995.
6. Ins. by sec. 4(1) of U. P. Act no. 27 of 1964.
7. Ins. by sec. 4(2) of U. P. Act no. 27 of 1964.
24
(f) securing or removing dangerous buildings or places ;
(g) acquiring, maintaining, changing and regulating places for
the disposal of the dead 1[and making arrangements for the disposal of
unclaimed dead bodies after ascertaining from the police in writing
that there is no objection to do so] ;
(h) constructing, altering, and maintain public streets, culverts,
2 [market] latrines, privies, urinals, drains, drainage works and
sewerage works ;
3[ (hh) reclaiming unhealthy localities ; ]
(i) planting and maintaining trees on road-sides and other
public places ;
4[(ii) providing water supply for domestic, industrial and
commercial purposes ; ]
(j) providing a sufficient supply of pure and wholesome water
where the health of the inhabitants is endangered by the insufficiency
or unwholesomeness of the existing supply, guarding from pollution
water used for human consumption and preventing polluted water
from being so used.
5[(jj) maintaining in addition to any other source of water-
supply, public wells, if any, in working condition, guarding from
pollution their water and keeping it fit for human consumption ; ]
(k) registering births and deaths ;
(l) establishing and maintaining a system of public vaccination ;
(m) establishing and maintaining or supporting public hospitals
and dispensaries, and providing public medical relief ;
6 [(mm) establishing, maintaining and assisting maternity
centers and child welfare and birth control clinics and promoting
population control family welfare and small family norms ; ]
[(n) maintaining or contributing to the maintenance of
veterinary hospitals ] ;
[(nn) establishing and maintaining or granting aid to
institutions of physical culture ]
1. Ins. by sec. 4(3) of U. P. Act no. 27 of 1964.
2. Subs. by sec. 2 of U. P. Act no. 26 of 2018.
3. Ins. by sec. 4 (4) of U. P. Act no. 27 of 1964.
4. Ins. by sec. 78 of U. P. Act no. 12 of 1994.
5. Ins. by sec. 4(5) of U. P. Act no. 27 of 1964.
6. Ins. by sec. 78 of U. P. Act no. 12 of 1994.
26
(o) establishing and maintaining primary schools ;
(p) rendering assistance in extinguishing fires and protecting
life and property when fires occur ;
1[(q) maintaining and developing the value of property vested in,
or entrusted to the management of the Municipality ; ]
2[(qq) maintaining the finances of the board in satisfactory
condition and meeting its liabilities ; ]
2(r) [ prompt attention to official letters and preparation of] such
returns, statements and reports as the [State Government] requires the
board to submit ; and
2(s) fulfilling any obligation imposed by law upon it.
3[ (t) regulating tanneries ;
(u) construction and maintenance of parking lots, bus stops
and public conveniences ;
(v) promoting urban forestry and ecological aspects and
protection of the environment ;
(w) safeguarding the interests of weaker sections of society
including the handicapped and mentally retarded ;
(x) promoting cultural, educational and aesthetic aspects ;
(y) constructing and maintaining cattle pounds and preventing
cruelty to animals ;
(z) slum improvement and upgradation ;
(za) urban poverty alleviation ;
(zb) providing urban amenities and facilities such as gardens
public parks and play grounds. ]
(2) 4[* * * * * *]
Discretionary
functions of
Municipality
8. (1) A 5[Municipality] may make provision, within the limits of
the municipality [and with the sanction of the [Prescribed Authority]
outside such limits,] for
1. Subs. by sec. 4(6) of U. P. Act no. 27 of 1964.
2. Ins. by sec. 4(7) of U. P. Act no. 27 of 1964.
3. Ins. by sec. 78 of U. P. Act no. 12 of 1994.
4. Omit. by sec. 4 (3) of U. P. Act no. VII of 1949.
5. Subs. by sec. 72 of U.P. Act no. 12 of 1994.
28
(a) laying out, in areas whether previously built upon or not,
new public streets and acquiring land for that purpose and for the
construction of building, and their compounds, to abut on such
streets;
1[ (aa) preparing and executing Master Plan ; ]
(b) constructing, establishing maintaining or contributing to the
maintenance of 2[x x x], libraries, museums, [reading rooms, radio
receiving stations, 3[x x x], orphanages, baby folds and rescue homes
for women] lunatic asylums, halls, offices, dharamshalas, rest-houses,
encamping grounds, poor-houses, dairies, baths, bathing ghats,
washing places, drinking fountains, tanks, wells, dams, and other
works of public utility ;
(c) 4[ * * * * ]
(d) furthering educational objects by measures other than the
establishment and maintenance of primary schools ;
(e) taking a census, and granting rewards for information which
may tend to secure the correct registration of vital statistics ;
5[ (ee) granting rewards for information leading to the detection
of evasion of tax imposed under this Act or the detection of the causing
of injury to or encroachment or property vested in or entrusted to the
management and control of the Municipality ; ]
(f) 3[ * * * * ]
(g) giving relief, on the occurrence of local calamities, by the
establishment and maintenance of relief works or otherwise ;
(h) 3[ * * * * ]
(i) securing or assisting to secure suitable places for the
carrying on of any trade or manufacture mentioned under sub-head (a)
or heading G of section 298 ;
(j) establishing and maintaining a farm or factory for the
disposal of sewage ;
1. Ins. by sec. 5(2) of U. P. Act no. 27 of 1964.
2. Omit. by sec. 79 of U.P. Act No. 12 of 1994.
3. Omit. by sec. 2 of U.P. Act No. 16 of 2026.
4. Omit. by sec. 5 (1) (c) of U. P. Act no. 27 of 1964.
5. Ins. by sec. 5(3) of U.P. Act no. 27 of 1964.
30
[ (jj) making arrangements for preparation of compost manure
from night soil and rubbish ; ]
(k) constructing, subsidizing or guaranteeing tramways, rail-
roads or other means of locomotion and electric [or gas] lighting or
electric [or gas]2 power works ;
1[ (kk) promoting tourist traffic ; ]
(l) holding fairs and exhibitions ;
[(ll) preparing and executing House and Town Planning
Schemes ;
(lll) taking measures to promote trade and industry ;
(llll) supply of milk ;
(lllll) establishing Labour Welfare Centers for its employees and
subsidizing the activities of any association, union or club of such
employees by grant or loan, for its general advancement ; ]
(llllll) organising or contribution to Municipality Unions;
(m) adopting any measure, other than a measure specified in
section 7 or in the foregoing provisions of this section likely to promote
the public safety, health, or convenience ; [and]
2[(mm) removing social disabilities of Scheduled Castes and
Backward Classes in such manner as may be prescribed ; ]
(mmm) taking measures for the control of beggary ;
[(n) the doing of anything whereon expenditure is declared by
the State Government or by the 3[Municipality] with the sanction in the
case of cities of the State Government and in the case of other
municipalities of the [Prescribed Authority] to be an appropriate charge
on the municipal fund.
[Provided that the State Government may in respect of any
municipality or all municipalities, by notification in the official Gazette,
declare any of the functions mentioned in this section to be a duty of
the 3[Municipality] or 3[Municipalities] concerned and thereupon the
provisions of this Act shall apply thereto as if it had been a duty
imposed by section 7. ]
1. Ins. by sec. 5(4) of U.P. Act no. 27 of 1964.
2. Ins. by sec. 5(5) of U.P. Act no. 27 of 1964.
3. Subs. by sec. 72 of U.P. Act no. 12 of 1994.
32
(2) A 1[Municipality] may make provision for the extension
beyond the limits of the municipality of the benefits of any municipal
undertaking :
Provided that no provision shall be made for the extension of
the benefits of a municipal undertaking for the supply of water to any
local area which comprises or contains the whole or a portion of a
cantonment without the previous sanction of the [Central
Government].
8-A. 2[ X X X X ]
Composition
of
Municipality
3[9. (1) A municipality shall consist of a President, who shall be
its Chairperson, and
(a) the elected members, whose number shall,
(i) in the case of a Nagar Panchayat, be not less than 10, and
not more than 24, and
(ii) in the case of a Municipal Council be not less than 25 and
not more than 55 as the State Government may, by notification in the
official Gazette, specify ;
(b) the ex-officio members, comprising all members of the House
of the People and the State Legislative Assembly representing
constituencies which comprise wholly or partly the municipal area ;
(c) the ex-officio members, comprising all members of the
council of State and the State Legislative Council who are registered as
electors within the municipal area ;
(d) nominated members, who shall be nominated by the State
Government by notification in the official Gazette, from amongst
persons having special knowledge or experience in municipal
administration and whose numbers shall in the case of
(i) Nagar Panchayat, be not less than two and not more than
three ;
(ii) Municipal Council be not less than three and not more than
five ;
(e) the Chairpersons of the committees, if any, established
under section 104, if they are not members under any of the foregoing
clauses :
4[ Provided that the persons referred to in clause (d) shall hold
1. Subs. by sec. 72 of U.P. Act no. 12 of 1994.
2. Omit. by sec. 80 of U. P. Act no. 12 of 1994.
3. Subs. by sec. 81 of U. P. Act no. 12 of 1994.
4. Subs. by sec. 4 of U. P. Act no. 8 of 2005.
34
office during the pleasure of the State Government and they shall have
the right to vote in the meetings of the Municipalities: ]
Provided further that any vacancy in any category of members
referred to in clauses (a) to (e) shall be no bar to the constitution or
reconstitution of a municipality. ]
Reservation
of seats
1[ 9-A. (1) In every municipality seats shall be reserved for the
2[Scheduled Castes, the Scheduled Tribes and the backward classes]
and the number of seats so reserved shall hear, 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
in the municipal area or of the Scheduled Tribes in the municipal area
2[or of the backward classes in the municipal area] bears to the total
population of such area sand such seats may be allotted by rotation to
different wards in a municipality in such order as may be prescribed
by rules:
3[ Provided that the reservation for the backward classes shall
not exceed twenty seven per cent of the total number of seats in the
municipality ;
Provided further that if the figures of population of the
backward classes are not available, their population may be
determined by carrying out a survey in the manner prescribed by
rules. ]
(2) 4[ * * * * * ]
(3) Not less than one-third of the total number of seats reserved
under 5[sub-sections (1)] shall be reserved for the women belonging to
the Scheduled Castes, the Scheduled Tribes or the backward classes,
as the case may be.
(4) Not less than one third of the total number of seats in a
municipality [including the number of seats reserved under sub-
section (3)] shall be reserved for women and such seats may be allotted
by rotation to different wards in a municipality in such order as may
be prescribed by rules.
6[ ) The office of the President of the Municipal Councils and Nagar
Panchayat shall be reserved and allotted for the Scheduled Castes, the
Scheduled Tribes and the Backward Classes and women, in the
manner given below:-
1. Subs. by sec. 81 of U. P. Act no. 12 of 1994.
2. Subs. by sec. 40(a) of U. P. Act no. 26 of 1995.
3. Ins. by sec. 40a(iii) of U. P. Act no. 26 of 1995.
4. Omit. by sec. 40(b) of U. P. Act no. 26 of 1995.
5. Subs. by sec. 40(c) of U. P. Act no. 26 of 1995.
6. Ins. by sec. 2 of U. P. Act no. 05 of 2023.
36
(1) Reservation and allotment of offices of the President -
(a) The reservation and allotment of offices of the President under this
sub- section, shall be done separately for the Municipal Councils and
Nagar Panchayats in the manner hereinafter provided.
(b) The number of offices to be reserved
(i) for the Scheduled Castes or for the Scheduled Tribes
shall be determined in the manner that it shall bear, as nearly
as may be, the same proportion to the total number of offices in
the State as the population of the Scheduled Castes in the
urban area of the State, or of the Scheduled Tribes in the
urban area of the State, bears to the total population of such
area in the State and if in determining such number of offices,
there comes a remainder then, if it is half or less than half of
the divisor, it shall be ignored and if it is more than half of the
divisor, the quotient shall be increased by one and the number
so arrived at shall be the number of offices to be reserved for
the Scheduled Castes or the Scheduled Tribes, as the case may
be;
(ii) for the Backward Classes shall be determined in the
manner that it shall bear, as nearly as may be, the same
proportion to the total number of offices in the State as the
population of the Backward Classes in the urban areas of the
State bears to the total population of such area in the State
and if in determining such number of offices, there comes a
remainder then it shall be ignored and the number so arrived
at, shall be the number of offices to be reserved for the
Backward Classes :
Provided that the number of offices to be reserved for the
backward classes under this clause shall not be more than
twenty-seven per cent of the total number of offices in the
State;
(iii) for the women belonging to the Scheduled Castes, the
Scheduled Tribes and the Backward Classes, as the case
may be, under sub-section (3) shall not be less than one-
third of the number of offices for the Scheduled Castes,
Scheduled Tribes and for the Backward Classes and if in
determining such number of offices there comes a remainder
then the quotient shall be increased by one and the number
so arrived at shall be the number of offices to be reserved for
the women belonging to the Scheduled Castes, Scheduled
Tribes and Backward Classes, as the case may be;
38
(iv) for the women, shall not be less than one-third of the total
number of offices in the State including the number of offices
reserved under item (iii) and if in determining such number
of offices, there comes a remainder then the quotient shall be
increased by one and the number so arrived at shall, be the
number of offices to be reserved for the women.
Explanation- It is hereby clarified that the words "urban
area of the State" as occurring in this sub-clause, shall mean
and shall be deemed to include, the urban area of all the
Municipal Councils or the urban area of all the Nagar
Panchayats, as the case may be.
(c) In case of the Municipal Councils of the State:-
(i) the number of offices determined under item
number (i) of sub-clause (b) for the Scheduled Castes
including the number of offices determined under item (iii)
of the said sub-clause for the women belonging to
Scheduled Castes shall be distributed into Divisions as a
unit in such manner that the proportion of offices reserved
for Scheduled Castes in a Division shall bear the same
proportion to the total number of offices in that Division as
the population of Scheduled Castes in the urban areas of
the Division bear to the total urban population of the
Division:
Provided that if the proportion of offices determined in
such manner for Scheduled Castes to the total number of
offices in a Division exceeds the proportion of total number
of offices reserved for Scheduled Castes to the total number
of offices at the State level, such allotment of the offices in
that Division would be restricted to the extent of that
proportion:
Provided further that if the total number of offices
determined for Scheduled Castes at the State level remains
to be distributed amongst the Divisions of the State, such
offices shall be distributed in those Divisions, in
descending order, whose proportion of Schedule Caste
population to the total urban population of the Division is
more than the proportion of Scheduled Castes population
in the urban area of the State bear to the total urban
population of the State:
40
Provided also that such distribution of offices of
Scheduled Castes in the Divisions shall be done one office at a
time to one Division; and this cycle shall continue till no such
office remains to be distributed;
(ii) the number of offices determined under item
number (i) of sub- clause (b) for the Scheduled Tribes including
the number of offices determined under item (iii) of the said
sub-clause for the women belonging to Scheduled Tribes shall
be distributed into Divisions as unit in such manner that the
proportion of offices reserved for Scheduled Tribes in a Division
shall bear the same proportion to the total number of offices in
that Division as the population of Scheduled Tribes in the
urban area of the Division bear to the total urban population of
the Division:
Provided that if the proportion of offices determined in
such manner for Scheduled Tribes to the total number of
offices in a Division exceeds the proportion of total number of
offices reserved for Scheduled Tribes to the total number of
offices at the State level, such allotment of the offices in that
Division would be restricted to the extent of that proportion:
Provided further that if the total number of offices
determined for Scheduled Tribes at the State level remains to
be distributed amongst the Divisions of the State, such offices
will be distributed in those Divisions, in descending order,
whose proportion of Scheduled Tribes population to the total
urban population of the Division, is more than the proportion
of Scheduled Tribes population in the urban area of the State
bears to the total urban population of the State:
Provided also that such distribution of offices of
Scheduled Tribes in the Divisions shall be done, one office at a
time to one Division; and this cycle shall continue till no such
office remains to be distributed;
(iii) the number of offices determined under item
number (ii) of sub- clause (b) for the Backward Classes
including the number of offices determined under item (iii) of
the said sub-clause for the women belonging to Backward
Class shall be distributed into Divisions as unit in such
manner that the proportion of offices reserved for Backward
Classes in a Division shall bear the same proportion to the
total number of offices in that Division, as the population of
Backward Classes in the urban areas of the Division bear to
the total urban population of the Division:
42
Provided that if the proportion of offices determined in such
manner for Backward Classes to the total number of offices in a Division
exceeds the proportions of total number of offices reserved for Backward
Classes to the total number of offices at the State level such allotment
of the offices in that Division would be restricted to the extent of that
proportion:
Provided further that if the total number of offices determined for
Backward Classes at the State level remains to be distributed amongst
the Divisions of the State, such offices shall be distributed in those
Divisions, in descending order, whose proportion of Backward Class
population to the total urban population of the Division is more than the
proportion of Backward Class population in the urban area of the State
bear to the total urban population of the State:
Provided also that such distribution of offices of Backward
Classes in the Divisions shall be done one office at a time to one
Division; and this cycle shall continue till no such office remains to be
distributed.
(d) Subject to sub-clause (b) the number of offices of the
Presidents determined under sub-clause (c) for Municipal
Councils of a Division shall be allotted to different Municipal
Councils in the Division, in the manner that
(i) the Municipal Councils of a Division shall be first arranged in
accordance with the percentage of population of the Scheduled Castes in
the Division in descending order and the number of offices determined in
item (i) of sub-clause (c) for the Scheduled Castes including the number
of seats determined under the said sub-clause for the women belonging
to the Scheduled Castes, shall be allotted to such Municipal Councils
which have the largest percentage of population of the Scheduled Castes
in the Division:
Provided that such Municipal Councils shall be first allotted to
the women belonging to the Scheduled Castes;
(ii) the Municipal Councils, excluding those which have been
reserved under the item (i) of this sub-clause, shall then be arranged in
accordance with the percentage of population of the Scheduled Tribes in
the Division, in descending order and the number of offices determined
in item (ii) of sub-clause (c) for the Scheduled Tribes, including the
number of offices determined under the said sub-clause for the women,
belonging to the Scheduled Tribes, shall be allotted to such Municipal
Councils which have the largest percentage of population of the
Scheduled Tribes in the Division:
Provided that such Municipal Councils shall be first allotted to
the women belonging to the Scheduled Tribes;
44
(iii) the Municipal Councils, excluding those which
have been reserved under the item (i) and (ii) of this sub-
clause shall then be arranged in accordance with the
percentage of population of the Backward Classes in the
Division, in descending order and the number of offices
determined in item (iii) of sub-clause (c) for the Backward
Classes, including the number of offices determined under
the said sub-clause for the women, belonging to the
Backward Classes, shall be allotted to such Municipal
Councils which have the largest percentage of population of
the Backward Classes in the Division:
Provided that such Municipal Councils shall be first
allotted to the women belonging to the Backward Classes;
(iv) the Municipal Councils, excluding those which have
been reserved under the item (i), (ii) and (iii) of this sub-
clause shall then be arranged in accordance with the
population of the Municipal Councils in the Division, in
descending order and the number of offices determined in
item (iv) of sub-clause (b) excluding the number of offices
determined under the item (iii) of sub-clause (b) for the
women, belonging to the Scheduled Castes, Scheduled
Tribes and Backward Classes, shall be allotted to such
Municipal Councils in the Division:
Explanation- For the purposes of item (i), (ii) and (iii) of
this sub-clause the arrangement of Municipal Councils in
descending order shall be done in the manner that the
Municipal Council having the largest percentage of population
of the Scheduled Castes, the Scheduled Tribes or the
Backward Classes, as the case may be, in the Division shall
be placed first and Municipal Council having lesser
percentage of population of Scheduled Castes, Scheduled
Tribes and the Backward Classes than the first shall be
placed next and so on and for the purposes of item (iv) of this
sub-clause the Municipal Councils shall be arranged in the
like manner, keeping in view the populationExcerpt shown. Open the full act in Lexace.