Jammu and Kashmir Municipal Act, 2000

Bare Act · 2000

Act number: 20 of 2000
Enacted: 14 November 2000
Contents: 331 sections

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Section 1 – Short title, extent and commencement
Section 2 – Definitions
Section 2A – Substitution of expression
Section 3 – Classification of municipalities
Section 4 – Procedure for declaring muni-cipal area
Section 5 – Notification of intention to include a local area in a municipal area (preview)
Section 6 – Notification of intention to exclude local area from a municipal area (preview)
Section 7 – Exclusion of local area from a municipal area (preview)
Section 8 – Effect of exclusion of local area from municipal area (preview)
Section 9 – Power to abolish municipal area (preview)
Section 10 – Composition of municipalities (preview)
Section 11 – Reservation of seats (preview)
Section 11-A – Reservation of seats for certain categories (preview)
Section 12 – Reservation of offices of Chairperson (preview)
Section 13 – Term of office of members (preview)
Section 14 – Duration of municipality (preview)
Section 15 – Resignation of a member of municipality (preview)
Section 15A – Qualification (preview)
Section 16 – Disqualification (preview)
Section 17 – Bar to hold more than one office (preview)
Section 18 – Power of Government as to removal of members (preview)
Section 18-A – Disqualification on ground of defection (preview)
Section 18-B – Disqualification on ground of defection not to apply in case of merger (preview)
Section 18-BB – Disqualification on the ground of defection not to apply in case of split (preview)
Section 18-C – Decision on question as to disqualification on ground of defection (preview)
Section 18-D – Appeals (preview)
Section 18-E – Bar of Jurisdiction (preview)
Section 19 – Filling of casual vacancies (preview)
Section 20 – Incorporation of municipality (preview)
Section 21 – Members and employees to be public servants (preview)
Section 22 – Election of President and Vice-President (preview)
Section 23 – Term of office of and honorarium to President and Vice-President (preview)
Section 24 – Resignation of President or Vice-President (preview)
Section 25 – Motion of no confidence against President or Vice-President (preview)
Section 26 – Removal of President or Vice-President (preview)
Section 27 – Notification of elections and nominations (preview)
Section 28 – Time for holding meetings (preview)
Section 29 – Ordinary and special meetings (preview)
Section 30 – Quorum (preview)
Section 31 – Chairman of meeting (preview)
Section 32 – Vote of majority decisive (preview)
Section 33 – Records and publication of proceedings (preview)
Section 33A – Constitution of Ward Committees (preview)
Section 33B – Constitution of Area Sabha (preview)
Section 34 – Bye-laws (preview)
Section 35 – Appointment of Director (preview)
Section 36 – Delegation of powers and functions (preview)
Section 37 – Power of President or Vice-President in emergency (preview)
Section 38 – Joint Committees (preview)
Section 39 – Vacancies and irregularities not to invalidate acts and proceedings (preview)
Section 40 – Authority to contract (preview)
Section 41 – Mode of executing contracts and transfer of property (preview)
Section 42 – Penalty on member or employees being interested in any contract with a municipality (preview)
Section 43 – Suits against municipality and its employees (preview)
Section 44 – Bar of jurisdiction of civil courts (preview)
Section 45 – Protection of action taken in good faith (preview)
Section 46 – Liability of loss (preview)
Section 47 – General Powers of the Muni-cipalities (preview)
Section 48 – Powers and authorities of municipalities (preview)
Section 49 – Standing Committees (preview)
Section 50 – Functions of the Standing Committee (preview)
Section 51 – Conduct of business by the Standing Committees (preview)
Section 52 – Constitution of municipal fund (preview)
Section 52-A – Constitution of Basic Services Fund (preview)
Section 53 – Application of fund (preview)
Section 54 – Payment of allowances to the members out of the municipal fund (preview)
Section 55 – Custody of municipal fund (preview)
Section 56 – Power to deposit and invest surplus funds (preview)
Section 57 – Property vested in a municipality (preview)
Section 58 – Inventory and map of municipal property (preview)
Section 59 – Erection and maintenance of boundary marks of municipal area (preview)
Section 60 – Management of public institutions (preview)
Section 61 – Acquisition of land (preview)
Section 62 – Transfer to Government property vesting in municipality (preview)
Section 62-A – Reservation of Land for Housing to Economically Weaker Sections and Low Income Groups (preview)
Section 62-B – Identification of Eligible Persons and Determination of Cost of Land or Houses (preview)
Section 62-C – Incentives to Developers (preview)
Section 62-D – Non-residential Development (preview)
Section 62-E – Utilization of Shelter Fee (preview)
Section 63 – Power to take over management of water works, sewerage works and roads, etc (preview)
Section 64 – Finance Commission (preview)
Section 65 – Taxes which municipality shall impose (preview)
Section 66 – Taxes that may be imposed (preview)
Section 67 – Limitation of taxing powers (preview)
Section 68 – Procedure regarding taxes under section 65 (preview)
Section 69 – Collection and payment of tax on consumption of electricity (preview)
Section 70 – Procedure to impose taxes under section 66 (preview)
Section 71 – Power of Government in respect of taxation (preview)
Section 71-A – Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees (preview)
Section 72 – Description and class of property tax (preview)
Section 73 – Description of taxable annual value (preview)
Section 74 – Incidence of tax (preview)
Section 75 – Duty to furnish information (preview)
Section 76 – Evidentiary value of assessment list and unit area value (preview)
Section 77 – Tax not invalid for defect of form (preview)
Section 78 – Notice on transfer of title (preview)
Section 79 – Notice on erection of building etc (preview)
Section 80 – Notice of Demolition or removal of building (preview)
Section 81 – Omitted (preview)
Section 82 – Power of Government to exempt payment of taxes (preview)
Section 83 – Taxation of Union Properties (preview)
Section 84 – Omitted (preview)
Section 85 – Omitted (preview)
Section 86 – Recovery of property taxes (preview)
Section 87 – Recovery of taxes (preview)
Section 88 – Omitted (preview)
Section 89 – Taxes on lands and buildings as first charge (preview)
Section 90 – Appeal (preview)
Section 91 – Limitation for appeal (preview)
Section 92 – Revision (preview)
Section 93 – Omitted (preview)
Section 94 – Police force (preview)
Section 95 – Powers and duties of police (preview)
Section 96 – Special police assistance at fairs etc (preview)
Section 97 – Establishment and maintenance of fire brigade (preview)
Section 98 – Power of fire brigade and other persons to extinguish (preview)
Section 99 – Observance of rules and regulations (preview)
Section 100 – Provision for water supply (preview)
Section 101 – Supply of water for domestic purposes (preview)
Section 102 – Supply of water for other than domestic purposes (preview)
Section 103 – Procedure for water connections (preview)
Section 104 – Obligation of owner or occupier to give notice of waste of water (preview)
Section 105 – Cutting off water supply to premises (preview)
Section 106 – Power of municipality in respect of communications etc (preview)
Section 107 – Power to require owners of buildings to provide the storage reservoirs for rain water on their premises (preview)
Section 108 – Supervision and inspection of works (preview)
Section 109 – Repairs of reservoirs (preview)
Section 110 – Bathing and washing places (preview)
Section 111 – Powers in respect of burial and cremation grounds (preview)
Section 112 – Disposal of mad and stray dogs and other animals (preview)
Section 113 – Dogs not to be at large (preview)
Section 114 – Control of elephants, bears or camels (preview)
Section 115 – Taking elephants along public roads (preview)
Section 116 – Power to require buildings, wells, tanks etc. to be secured (preview)
Section 117 – Building etc. in dangerous state (preview)
Section 118 – Cleaning of filthy building or land (preview)
Section 119 – Paving or draining of cattle-stands (preview)
Section 120 – Power to prohibit use of unfit buildings (preview)
Section 121 – Power to require owner to clear away noxious vegetation (preview)
Section 122 – Power to require hedges and trees to be trimmed (preview)
Section 123 – Power to require untenanted buildings becoming a nuisance to be secured or enclosed (preview)
Section 124 – Prohibition of cultivation of crop or use of manure or irrigation injurious to health (preview)
Section 125 – Regulation of offensive and dangerous trade (preview)
Section 126 – Consent of municipality to establish new factories or workshops (preview)
Section 127 – Prohibition of cinematograph and dramatic performances except in licensed premises (preview)
Section 128 – Power to prohibit trades (preview)
Section 129 – Use of steam whistles etc (preview)
Section 130 – Provisions of drains, privies, etc (preview)
Section 131 – Repairs and closing of drains, privies etc (preview)
Section 132 – Unauthorised building over drains etc (preview)
Section 133 – Removal of latrines etc. near any source of water supply (preview)
Section 134 – Discharging sewerage (preview)
Section 135 – Making or altering drains without authority (preview)
Section 136 – Power to require removal of nuisance arising from tanks and the lake (preview)
Section 137 – Power of municipality to lay or carry wires, pipes, drains or sewers through private lands (preview)
Section 138 – Provision as to wire, pipe, drains or sewers laid or carried above surface of ground (preview)
Section 139 – Previous notice (preview)
Section 140 – Connection with main not to be made without permission of municipality (preview)
Section 141 – Sewerage connection (preview)
Section 142 – Troughs and pipes for rain water (preview)
Section 143 – Information in relation to cholera, small-pox, etc (preview)
Section 144 – Removal to hospital of patients suffering from infectious diseases (preview)
Section 145 – Disinfection of buildings and diseases (preview)
Section 146 – Penalty for letting infected houses (preview)
Section 147 – Provision of places and appliances for disinfection (preview)
Section 148 – Acts done by persons suffering from certain disorders (preview)
Section 149 – Keeping of animals injurious to health (preview)
Section 150 – Feeding animals on deleterious substances (preview)
Section 151 – Prohibition by municipality of use of unwholesome water (preview)
Section 152 – Penalty for, selling sub-standard food or drinks (preview)
Section 153 – Soliciting alms (preview)
Section 154 – Removal and deposit of offensive matter (preview)
Section 155 – Preparation of compost manure (preview)
Section 156 – Power to acquire etc (preview)
Section 157 – Right of appeal and revision (preview)
Section 158 – Bar of jurisdiction (preview)
Section 159 – Failure to remove noxious matter (preview)
Section 160 – Depositing or throwing of earth or material of any description on roads or into drains (preview)
Section 161 – Spitting in places other than drains or receptacles provided (preview)
Section 162 – Nuisance by children, and others (preview)
Section 163 – Definition of house scavenging (preview)
Section 164 – Undertaking by municipality of house scavenging (preview)
Section 165 – Abolition of customary rights (preview)
Section 166 – Scavenging etc (preview)
Section 167 – Continuance of house scavenging once undertaken by municipality (preview)
Section 168 – Obligation of municipality to perform house scavenging properly (preview)
Section 169 – Power of municipal employees for house scavenging purposes (preview)
Section 170 – Vesting in, municipality of collection from house scavenging (preview)
Section 171 – Establishment of creches for the children of Safai Mazdoors (preview)
Section 172 – Places for slaughter of animals for sale (preview)
Section 173 – Disposal of dead animal (preview)
Section 174 – Powers in connection with streets (preview)
Section 175 – Protection of streets during cutting down of trees, erection or demolition of buildings (preview)
Section 176 – Notice to lay out street (preview)
Section 177 – Order of notice under section 176 (preview)
Section 178 – Sanction of new street (preview)
Section 179 – Operation of sanction (preview)
Section 180 – Penalty for laying out street in contravention of the provisions (preview)
Section 181 – Notice to owner of land under street (preview)
Section 182 – Power to require repairs of streets and to declare such street public (preview)
Section 183 – Punishment for encroachment or overhanging structure over street (preview)
Section 184 – Permission of occupation of public street and removal of obstruction (preview)
Section 185 – Power of Deputy Commissioner to remove encroachment (preview)
Section 186 – Power to regulate line of a street regulate line of a street (preview)
Section 187 – Government street (preview)
Section 188 – Removal of overhanging structures (preview)
Section 189 – Power to attach brackets for lamps (preview)
Section 190 – Construction of Stalls (preview)
Section 191 – Destroying direction posts lamp posts, etc (preview)
Section 192 – Bill sticking without permission (preview)
Section 193 – Names or numbers of streets, buildings etc (preview)
Section 194 – Inflammable materials (preview)
Section 195 – Roofs and external walls not to be made of inflammable materials (preview)
Section 196 – Picketing animals and collecting carts (preview)
Section 197 – Driving vehicles without proper lights (preview)
Section 198 – Beating drums etc (preview)
Section 199 – Discharging firearm etc (preview)
Section 200 – Building operations, quashing, blasting or cutting timber (preview)
Section 201 – Powers to levy fee at fair (preview)
Section 202 – General bye-laws (preview)
Section 203 – Prohibition to erect buildings without sanction (preview)
Section 204 – Power of municipality to make bye-laws as to erection or re-erection of buildings (preview)
Section 205 – Building scheme (preview)
Section 206 – Regularisation of certain buildings (preview)
Section 207 – Punishment for erection or re-erection of a building on sanction of a building scheme under section 205 (preview)
Section 208 – Powers of municipality to sanction or refuse erection or re-erection of buildings (preview)
Section 209 – Power of municipality to direct modification of a sanctioned plan of a building before its completion (preview)
Section 210 – Completion Certificate and lapse of sanction (preview)
Section 211 – Penalty for disobedience (preview)
Section 212 – Order of demolition of building and works in certain cases and appeal (preview)
Section 213 – Compensations (preview)
Section 214 – Power of municipality to regulate the manufacture, preparation and sale of food and drink (preview)
Section 215 – Prohibition of possession or sale of wild animals (preview)
Section 216 – Penalty for infringement of bye-laws (preview)
Section 217 – Confirmation of bye-laws (preview)
Section 218 – Power of Government to make bye-laws (preview)
Section 219 – Procedure for making bye-laws (preview)
Section 220 – Bye-laws to be available for purchase and inspection (preview)
Section 221 – Regulation of felling of trees within municipal limits (preview)
Section 222 – Inspection of drains, privies and cesspools (preview)
Section 223 – Inspection of building etc (preview)
Section 224 – Other powers of entry on buildings or land (preview)
Section 225 – Power to inspect places for sale of food or drink etc. and to seize unwholesome articles exposed for sale (preview)
Section 226 – Inspections of place for illicit slaughter of animals (preview)
Section 227 – Refusal to allow inspection (preview)
Section 228 – Search for inflammable or explosive material in excess of authorised quantity (preview)
Section 229 – Power of entry into building or land (preview)
Section 230 – Authorization of powers (preview)
Section 231 – Precautions to be observed in entering dwelling (preview)
Section 232 – Reasonable time for compliance to be fixed (preview)
Section 233 – Authentication, service and validity of notices (preview)
Section 234 – Service when owner and occupier are different persons (preview)
Section 235 – Mode of giving notice to owner or occupier of property (preview)
Section 236 – Publication of public notices (preview)
Section 237 – Penalty for disobedience of orders of municipalities (preview)
Section 238 – Compensation for damage (preview)
Section 239 – Power of municipality in the event of non-compliance (preview)
Section 240 – Penalty of obstruction (preview)
Section 241 – Recovery of costs of execution (preview)
Section 242 – Relief to agents and trustees (preview)
Section 243 – Payment of compensation (preview)
Section 244 – Appeals from orders of municipalities (preview)
Section 245 – Prosecution to be suspended in certain cases (preview)
Section 246 – Appeals from certain orders (preview)
Section 247 – Authority for prosecution (preview)
Section 248 – Power to compound offences (preview)
Section 248-A – Eviction of unauthorised occupant (preview)
Section 249 – Constitution of Finance Commission to review financial position (preview)
Section 250 – Presentation of accounts and budget of a municipality (preview)
Section 251 – Revision of Budget (preview)
Section 252 – Supplementary Budget (preview)
Section 253 – Maintenance of accounts and restriction of expenditure (preview)
Section 254 – Transmission of accounts (preview)
Section 255 – Power to write off irrecoverable sums (preview)
Section 256 – Audit of accounts (preview)
Section 257 – Action by municipality on audit report (preview)
Section 258 – Recovery of amounts disallowed (preview)
Section 259 – Procedure for recovery of dues of municipality (preview)
Section 260 – Conditions of distraint and sale (preview)
Section 261 – Preparation of development plan (preview)
Section 262 – District Planning Committee (preview)
Section 263 – Control by Deputy Commissioner (preview)
Section 264 – Power, to suspend execution of orders etc (preview)
Section 265 – Power of Deputy Commissioner in emergency (preview)
Section 266 – Powers to provide for performance of duties in case of default of municipality (preview)
Section 267 – Action of Deputy Commissioner to be immediately reported (preview)
Section 268 – Power of Government to give directions (preview)
Section 269 – Exercise of committee’s power pending establishment of municipality (preview)
Section 270 – Power of Government and its officer over municipality (preview)
Section 271 – General powers of Government (preview)
Section 272 – Power of Government to dissolve municipality for default, abuse of powers, etc (preview)
Section 273 – Suspension of Office bearers of Municipality (preview)
Section 274 – Removal of office bearers of municipality (preview)
Section 275 – Power to call for record (preview)
Section 276 – Power of inspection and supervision (preview)
Section 277 – Technical supervision and inspections (preview)
Section 278 – Taking over of certain branches or departments of the municipality (preview)
Section 279 – Disputes (preview)
Section 280 – Power of the Government to frame forms and make rules (preview)
Section 281 – Definition (preview)
Section 282 – Chief Electoral Officer (preview)
Section 283 – Officers authorised to bear election petitions (preview)
Section 284 – Election petitions (preview)
Section 285 – Presentation of petition (preview)
Section 286 – Contents of petition (preview)
Section 287 – Procedure on receiving election petition (preview)
Section 288 – Withdrawal and transfer of petitions (preview)
Section 289 – Procedure before the authorised officers (preview)
Section 290 – Appearance before the authorised officer (preview)
Section 291 – Powers of the authorised officer (preview)
Section 292 – Documentary evidence (preview)
Section 293 – Secrecy of voting (preview)
Section 294 – Answering incriminating question and certificate of indemnity (preview)
Section 295 – Expenses of witness (preview)
Section 296 – Decision of the authorised officer (preview)
Section 297 – Grounds for setting aside election (preview)
Section 298 – Abatement of election petition (preview)
Section 299 – Costs and payment. thereof out of the security deposits and return of such deposits (preview)
Section 300 – Execution of orders as to costs (preview)
Section 301 – Corrupt practice entailing disqualifications (preview)
Section 302 – Corrupt practices (preview)
Section 303 – Appeals (preview)
Section 304 – Bar to interference by Courts in electoral matters (preview)
Section 305 – Power to make rules for conduct of elections (preview)
Section 306 – Appointment of Executive Officers/Secretaries in municipalities (preview)
Section 307 – Posts in Municipality and appointments thereto (preview)
Section 307-A – Power of Government to appoint officers and servants (preview)
Section 308 – Officers and other employees not to be interested in any contract etc., with municipality (preview)
Section 309 – Power to enquire and report about misconduct of certain officers or officials (preview)
Section 310 – Power to remove difficulties (preview)
Section 311 – Repeal and saving (preview)

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