Bare Acts

The Jammu and Kashmir Municipal Corporation Act, 2000

An Act to amend and consolidate the law relating to the establishment of Municipal Corporation for certain Municipal areas in the State of Jammu and Kashmir.

English PDF

Act Details

Act Number:

Act Year:

2000

Location:

Jammu and Kashmir

Enactment Date:

11/14/2000

Enforcement Date:

14-11-2000

Department:

Department of Housing and Urban Development

Full List of Sections

Section 1 to Section 428

Section 1

Short title, extent and commencement.

Section 2

Definitions.

Section 3

Declaration of Municipal area as Corporation.

Section 4

Incorporation and constitution of Corporation.

Section 5

Duration of the Corporation.

Section 6

Delimitation of wards.

Section 7

Qualifications for Councillors.

Section 8

Disqualification of Councillor

Section 9

Election to the Corporation

Section 10

Reservation of seats.

Section 10A

Reservation of seats for certain categories.

Section 11

Right to Vote.

Section 12

Filling of casual vacancies.

Section 13

Publication of results of elections.

Section 14

Election petition.

Section 15

Relief that may be claimed by the petitioner.

Section 16

Grounds for declaring election to be void.

Section 17

Procedure to be followed by the prescribed authority.

Section 18

Decision of prescribed authority.

Section 19

Procedure in case of equality of votes.

Section 20

Finality of decision.

Section 21

Corrupt practices

Section 22

Maintenance of secrecy of voting.

Section 23

Officers etc. at elections not to act for candidates or to influence voting.

Section 24

Prohibition of canvassing in or near polling station and of public meeting on election day.

Section 25

Penalty for disorderly conduct in or near polling station.

Section 26

Penalty for misconduct at the polling station.

Section 27

Breaches of official duty in connection with election.

Section 28

Removal of ballot papers from Polling Station to be an offence

Section 29

Offence of booth capturing.

Section 30

Other offence and penalties

Section 31

Power to make rules regulating the election of Councillors.

Section 32

Bar to interference by Courts in electoral matters.

Section 33

Oath of affirmation by Councillor.

Section 34

Removal of or resignation by Councillors.

Section 34A

Disqualification on ground of defection.

Section 34B

Disqualification on ground of defection not to apply in case of merger.

Section 34BB

Disqualification on the ground of defection not to apply in case of split

Section 34C

Decision on question as to disqualification on ground of defection

Section 34D

Appeals.

Section 34E

Bar of Jurisdiction.

Section 35

Payment of allowances to Councillors.

Section 36

Annual election of Mayor, Deputy Mayor and their term of office.

Section 37

Motion of No-confidence against Mayor or Deputy Mayor

Section 38

Discharge of functions of the Mayor by Deputy Mayor.

Section 39

Resignation of Mayor and Deputy Mayor

Section 39A

Constitution of Ward Committees

Section 39B

Constitution of Area Sabha.

Section 40

Standing Committees.

Section 41

General Powers of Corporations.

Section 42

Functions of Corporations to be entrusted by Government.

Section 43

Obligatory functions of the Corporation.

Section 44

Discretionary functions of the Corporation.

Section 45

Appointment of Commissioner.

Section 46

Appointment of Joint/Assistant Commissioner and certain other officers.

Section 47

Salary and allowances of Commissioners.

Section 48

Leave etc. to Commissioner.

Section 49

Contribution by Corporation.

Section 50

Function of the Commissioner.

Section 51

Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc.

Section 52

Exercise of power to be subject to sanction.

Section 53

Meetings

Section 54

First Meeting of the Corporation after general elections for election of Mayor

Section 55

Notice of Meetings and business.

Section 56

Quorum.

Section 57

Presiding Officer.

Section 58

Method of deciding question.

Section 59

Maintenance of order at and admission of public to meetings.

Section 60

Councillor not to vote on matter in which he is interested.

Section 61

Right to attend meetings of Corporation and its Committees etc. and right of Councillor to ask the questions.

Section 62

Power to make regulations.

Section 63

Keeping of minutes and proceedings.

Section 64

Circulation of minutes and inspection of minutes and reports of proceedings.

Section 65

Forwarding minutes and reports of proceedings to Government.

Section 66

Validation of proceedings etc.

Section 67

Validation of proceedings etc.

Section 67A

Staff

Section 68

Officers and other employees not to be interested in any contract etc. with Corporation

Section 69

Constitution of Corporation Fund.

Section 69A

Constitution of Basic Services Fund

Section 71

Operation of accounts with banks

Section 72

Payment not to be made unless covered by a budget grant.

Section 73

Duty of persons signing Cheques.

Section 74

Procedure when money not covered by a budget grant is expended.

Section 75

Application of Corporation Fund.

Section 76

Payments from Corporation Fund for works urgently required for public service.

Section 77

Investment of surplus money

Section 78

Constitution of special funds.

Section 79

Finance Commission.

Section 80

Budget Estimates.

Section 81

Power of Corporation to alter budget estimates.

Section 82

Power of Corporation to readjust income and expenditure during the year.

Section 83

Provisions as to unexpended budget grant.

Section 83A

Reservation of land for housing to economically weaker sections and low income groups.

Section 83B

Identification of eligible persons and determination of cost of land or houses.

Section 83C

Incentives to developers.

Section 83D

Non-residential development

Section 83E

Utilization of shelter fee.

Section 84

Taxes, etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government.

Section 85

Fees that may be charged by the Corporation.

Section 86

Description and class of property tax.

Section 87

Omitted.

Section 88

Determination of taxable annual value.

Section 89

Taxation of Union properties.

Section 90

Incidence of taxes on lands and buildings.

Section 91

Section 92

Section 93

Section 94

Section 95

Evidentiary value of assessment list and unit area value.

Section 96

Omitted.

Section 97

Omitted.

Section 98

Notice of transfers.

Section 99

Notice of erection of building etc.

Section 100

Notice of demolition or removal of building.

Section 101

Power of Commissioner to call for information.

Section 102

Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property.

Section 103

Assessment in case of amalga-mation of premises.

Section 104

Power of Commissioner to assess separately out houses and portion of building.

Section 105

Powers of Commissioner to employ valuers.

Section 106

Recovery of tolls or taxes.

Section 107

Tax on vehicles and animals.

Section 108

Tax on whom leviable.

Section 109

Exemption from taxes on vehicles and animals.

Section 110

Levy of development tax.

Section 111

Amount of development tax.

Section 112

Payment of development tax.

Section 113

Notice on completion of scheme.

Section 114

Assessment of development tax.

Section 115

Tax on advertisements.

Section 116

Prohibition of advertisement without written permission of Commissioner.

Section 117

Permission of Commissioner to become void in certain cases.

Section 118

Presumption in case of contravention.

Section 119

Power of Commissioner in case of contravention.

Section 120

Fee on building applications.

Section 121

Time and manner of payment of taxes or fees.

Section 122

Presentation of bill of tax or fee.

Section 123

Consequences of the failure to pay tax or fee within thirty days

Section 124

Manner of recovering tax or fee.

Section 125

Power of seizure of vehicles and animals in case of non-payment of tax thereon

Section 126

Demolition etc. of building

Section 127

Section 128

Section 129

Section 130

Section 131

Section 132

Section 133

Limitation for appeal.

Section 134

Finality of appellate orders

Section 135

Taxation not to be questioned except under this Act.

Section 136

Power to inspect for the purposes of determining the taxable annual value of tax or fee.

Section 137

Composition.

Section 138

Irrecoverable debts.

Section 139

Obligation to disclose liability.

Section 140

Power to amend list in certain cases

Section 141

lmmaterial error not to affect liability.

Section 142

Powers of exemption.

Section 143

Powers of Government in regard to taxes.

Section 143A

Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.

Section 144

Power of Corporation to borrow.

Section 145

Time for repayment of money borrowed under section 144.

Section 146

Form and effect of debentures

Section 147

Receipt by joint holders for the interest or dividend.

Section 148

Maintenance and investment of sinking fund.

Section 149

Application of sinking funds.

Section 150

Annual statement by Commissioner.

Section 151

Priority of payment for interest and repayment of loans over other payment

Section 152

Attachment of Corporation Fund for recovery of money borrowed from the Government.

Section 153

Power to make regulations.

Section 154

Property vested in Corporation and management of public institutions

Section 155

Acquisition of immovable property by agreement.

Section 156

Procedure when immovable property cannot be acquired by agreement

Section 157

Disposal of property.

Section 158

Contracts by Corporation.

Section 159

Procedure for making contracts.

Section 160

Mode of executing contracts.

Section 161

Maintenance of Accounts.

Section 162

Report by Audit agency.

Section 163

Action by Commissioner on the Report.

Section 164

Procedure to be followed by audit agency.

Section 165

Power of auditor to make queries etc. and call for returns.

Section 166

Definitions.

Section 167

Power to require Corporation to carry out surveys and formulate proposals.

Section 168

Power to construct additional works.

Section 169

Functions in relation to water supply.

Section 170

Supply of water to connected premises.

Section 171

Power to supply water for non-domestic purposes

Section 172

Making connection with municipal water works.

Section 173

Obligation of owner or occupier to give notice of waste of water.

Section 174

Cutting of supply to premises.

Section 175

New premises not to be occupied without arrangement for water supply.

Section 176

Public gratuitous water supply.

Section 177

Power to lay mains.

Section 178

Power to lay service pipes etc.

Section 179

Provision of fire hydrants.

Section 180

Power to enter premises to detect waste or misuse of water

Section 181

Power to test water fittings.

Section 182

Power to close or restrict use of water from polluted source of supply.

Section 183

Water pipes not to be placed where water will be polluted.

Section 184

Joint and several liability of owners and occupiers for offence in relation to water supply.

Section 185

Public drains etc. to vest in Corporation.

Section 186

Control of drains and sewage disposal works.

Section 187

Certain matters not to be passed into municipal drains.

Section 188

Application by owners and occupiers to drain into municipal drain.

Section 189

Drainage of undrained premises.

Section 190

New premises not to be erected without drainage.

Section 191

Power to drain group or block of premises by combined operations

Section 192

Power of Commissioner to close or limit the use of private drain in certain cases.

Section 193

Use of drain by a person other than owner.

Section 194

Sewage and rain water drains to be distinct.

Section 195

Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.

Section 196

Appointment of places for the emptying of drains and disposal of sewage.

Section 197

Connection with water works and drains not to be made without permission.

Section 198

Buildings and private streets not to be erected or constructed over drains or water works without permission.

Section 199

Right of user of property for aqueducts, lines etc.

Section 200

Power of owner of premises to place pipes and drains through land belonging to other persons.

Section 201

Power of owner of premises to place pipes and drains through land belonging to other persons.

Section 202

Power of Commissioner to execute work after giving notice to the person liable to do so.

Section 203

Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool.

Section 204

Power of Commissioner to examine and test drain etc. believed to be defective.

Section 205

Employment of Government agencies for repairs etc.

Section 206

Work to be done by licensed plumber.

Section 207

Prohibition of certain acts.

Section 208

Vesting of public streets in Corporation.

Section 209

Functions of Commissioner in respect of public streets.

Section 210

Disposal of land forming site of public streets permanently.

Section 211

Power to make new public streets.

Section 212

Minimum width of new public streets.

Section 213

Power to prohibit use of public streets for certain kinds of traffic

Section 214

Power to acquire land and buildings for public streets and for public parking places.

Section 215

Defining regular lines of streets.

Section 216

Setting back building to regular line of streets.

Section 217

Compulsory setting back of building to regular line of streets.

Section 218

Acquisition of open land and land occupied by platforms etc. within a regular line of streets.

Section 219

Acquisition of remaining part of building and land after their portions within regular line of streets have been acquired.

Section 220

Setting forward of building to regular line of street

Section 221

Compensation to be paid in certain cases of setting back or setting forward of buildings etc.

Section 222

Owner’s obligation when dealing with land or building sites.

Section 223

Layout plans.

Section 224

Alteration or demolition of street made in breach of section 223.

Section 225

Power of Commissioner to order work to be carried out or to carry it out himself in default.

Section 226

Declaration of public streets.

Section 227

Prohibition of projection upon street etc.

Section 228

Projection over streets may be permitted in certain cases.

Section 229

Ground floor door etc. not to open outwards on streets.

Section 230

Prohibition of structures, fixtures or deposit of things in streets.

Section 231

Special provision regarding streets belonging to Government.

Section 232

Power to remove anything deposited or exposed for sale in contravention of this Act.

Section 233

Prohibition of tethering of animals and milking of cattle.

Section 234

Precautions during repairs of streets

Section 235

Streets not to be opened or broken up and building materials not to be deposited thereon without permission.

Section 236

Disposal of things removed under this chapter.

Section 237

Naming and numbering to streets.

Section 238

Commissioner to take steps for repairing or enclosing places

Section 239

Measures for lighting.

Section 240

Prohibition of removal, etc. of lamps.

Section 241

Definitions.

Section 242

Prohibition of erection of building without sanction.

Section 243

Erection of building.

Section 244

Applications for additions to, or repairs of building.

Section 245

Condition of valid notice.

Section 246

Sanction or refusal of building or work.

Section 247

When building or work may be proceeded with.

Section 248

Sanction accorded under misrepresentation.

Section 249

Building at corners of street.

Section 250

Provisions as to buildings and works on either side of new streets.

Section 251

Period for completion of building or work.

Section 252

Prohibition against the inflammable materials for buildings etc. without permission.

Section 253

Order of demolition and stoppage of building and works in certain cases and appeal

Section 254

Order of stoppage of building or works in certain cases.

Section 255

Power of the Government to give direction for compounding deviations from sanctioned plan.

Section 256

Power of Commissioner to require alteration of work.

Section 257

Completion certificate.

Section 258

Restrictions on use of buildings and removal of dangerous buildings.

Section 259

Power to order building to be vacated in certain circumstances.

Section 260

Building Scheme.

Section 261

Provision for daily cleansing of streets and removal of rubbish and filth

Section 262

Rubbish etc. to be property of Corporation.

Section 263

Provision for placement of receptacles, depots and places for rubbish etc.

Section 264

Duty of owners and occupiers to collect and deposit rubbish etc.

Section 265

Removal of rubbish etc. accumulated on premises used as factories, workshops, etc.

Section 266

Prohibition against accumulation of rubbish etc.

Section 267

Commissioner's power to get premises scavenged and cleansed.

Section 268

Public latrines, urinals, etc.

Section 269

Construction of latrines and urinals.

Section 270

Latrines and urinals etc. in new buildings

Section 271

Latrines and urinals for labourers etc.

Section 272

Provision of latrines and urinals for markets etc.

Section 273

Other provisions as to private latrines.

Section 274

Removal of congested building.

Section 275

Power of Commissioner to require improvement of buildings unfit for human habitation.

Section 276

Enforcement of notice requiring execution of works of improvement.

Section 277

Power of Commissioner to order demolition of buildings unfit for human habitation.

Section 278

Insanitary huts and sheds

Section 279

Prohibition against washing by washerman.

Section 280

Obligation to give information of dangerous disease.

Section 281

Removal of patient to hospital suffering from dangerous disease.

Section 282

Disinfections of buildings and articles.

Section 283

Destruction of infectious huts or sheds.

Section 284

Means of disinfection

Section 285

Special measures in case of out-break of dangerous or epidemic disease

Section 286

Infected clothes not to be sent to washerman or to laundry.

Section 287

Contamination and disinfection of public conveyances

Section 288

Driver of conveyance not bound to carry persons suffering from dangerous diseases.

Section 289

Disinfection of buildings before letting the same.

Section 290

Disposal of infected articles without disinfection.

Section 291

Prohibition of making or selling of food, etc. or washing of clothes by infected persons

Section 292

Power to restrict or prohibit sale of food or drink.

Section 293

Control over wells and tanks etc.

Section 294

Duty of persons suffering from dangerous diseases

Section 295

Disposal of infectious corpse, where any person has died from any dangerous disease

Section 296

Conditions of service of Safai Karamcharies and certain other classes of persons employed in Corporation services.

Section 297

Power to call for information regarding burning and burial ground.

Section 298

Permission for use of new burning or burial ground.

Section 299

Power to require closing of burning and burial grounds.

Section 300

Removal of corpses.

Section 301

Disposal of dead animals.

Section 302

Prohibition of nuisances

Section 303

Power of Commissioner to require removal or abatement of nuisance.

Section 304

Registration and control of dogs.

Section 305

Stacking or collecting inflammable materials.

Section 306

Care of naked lights

Section 307

Discharging fire works, fire arms etc.

Section 308

Power to require buildings, wells etc. to be rendered safe.

Section 309

Enclosure of waste land used for improper purposes

Section 310

Establishment and maintenance of fire brigade.

Section 311

Power of members of fire-brigades and other persons for suppression of fire

Section 312

Limitation on operation of this Chapter.

Section 313

Provision of municipal markets and slaughter houses.

Section 314

Use of municipal markets.

Section 315

Private markets and slaughter houses

Section 316

Conditions of grant of license for private market.

Section 317

Prohibition of keeping markets open without licence etc.

Section 318

Prohibition on use of unlicensed markets

Section 319

Prohibition of business and trade.

Section 320

Levy of stallages, rent and fees.

Section 321

Stallages, rent etc. to be published.

Section 322

Butcher's, fishmonger's and poulterer's licence

Section 323

Factory etc. not to be established without permission of the Commissioner.

Section 324

Premises not to be used for certain purposes without licence.

Section 325

Seizure of certain animals.

Section 326

Power of the Commissioner to prevent use of premises in particular area for the purposes referred in section 324.

Section 327

Licence for hawking articles etc.

Section 328

Eating houses etc. not to be used without license from Commissioner.

Section 329

Licensing and control of theatre, circuses and places of public amusement.

Section 330

Power of Commissioner to stop use of premises used in contravention of licences.

Section 331

Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected.

Section 332

Improvement scheme.

Section 333

Matters to be provided for in an improvement scheme

Section 334

Submission of improvement scheme to the Corporation for approval and to the Government for sanction.

Section 335

Publication of the notice after scheme is sanctioned.

Section 336

Rehousing Scheme.

Section 337

Improvement scheme and Rehousing scheme to comply with master plan and zonal development plan.

Section 338

Provision of housing accommodation for the economically weaker sections.

Section 339

Prohibiting felling, cutting, damaging, destroying any tree in any urban area.

Section 340

Constitution of Tree Authority.

Section 341

Meeting of Tree Authority.

Section 342

Duties of Tree Authority.

Section 343

Appointment of Tree Officer

Section 344

Application for permission for cutting, felling or removal of a tree

Section 345

Permission for felling of tree.

Section 346

Planting of adequate number of trees

Section 347

Planting in place of fallen/destroyed trees.

Section 348

Responsibilities for preservation of trees.

Section 349

The recovery of expenditure on failure to comply with orders for planting of trees.

Section 350

Appeals.

Section 351

Seizure.

Section 352

Penalty.

Section 353

Compounding of offences

Section 354

Operation of other laws not barred.

Section 355

Power to make rules

Section 356

Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.

Section 357

Power of entry and inspection.

Section 358

Power to enter land, adjoining land in relation to any work.

Section 359

Breaking into building.

Section 360

Time of making entry.

Section 361

Consent ordinarily to be obtained.

Section 362

Regard to be had to social or religious usages

Section 363

Prohibition of obstruction or molestation in execution of work.

Section 364

Public notice how to be made known.

Section 365

Newspaper in which advertisement of notices to be published

Section 366

Proof of content etc. of Commissioner etc.

Section 367

Notices etc. to fix reasonable time.

Section 368

Signature on notices etc. may be stamped.

Section 369

Notice etc. by whom to be served or issued.

Section 370

Service of notices, etc.

Section 371

Power in case of non-compliance with notice, etc.

Section 372

Liability of occupier to pay in default of owner.

Section 373

Execution of work by occupier in default of owner and deduction of expenses from rent.

Section 374

Relief to agents and trustees

Section 375

General power to pay compensation.

Section 376

Compensation to be paid by offenders for damage caused by them

Section 377

Mode of receiving certain dues.

Section 378

Right of owner to apply to Court of the District Judge in case of obstruction by occupier.

Section 379

General powers and procedure of the Court of District Judge.

Section 380

Fees in proceeding before the Court of District Judge.

Section 381

Repayment of half fee on settlement before hearing.

Section 382

Power of the Court of District Judge to delegate certain powers and to make rules.

Section 383

Punishment for certain offences

Section 383A

Eviction of unauthorised occupants.

Section 384

General Penalty.

Section 385

Offences by Companies.

Section 386

Police establishment.

Section 387

Arrest of offenders.

Section 388

Powers to initiate legal proceedings etc. and obtain legal advice

Section 389

Prosecution.

Section 390

Composition of offences.

Section 391

Protection of action taken in good faith etc.

Section 392

Notice to be given of suits.

Section 393

Supplemental provision respecting rules.

Section 394

Supplemental provisions respecting regulations

Section 395

Powers to make bye-laws.

Section 396

Penalty for breaches of bye-laws.

Section 397

Supplemental provisions respecting bye-laws.

Section 398

Bye-laws to be available for inspection and purchase.

Section 399

Power of Government to require production of documents.

Section 400

Inspection.

Section 401

Powers to give directions

Section 402

Powers to provide for enforcement of direction under section 398

Section 403

Power of revision.

Section 404

Dissolution of Corporation.

Section 405

Delegation.

Section 406

Validity of notices and other documents.

Section 407

Admissibility of document or entry as evidence.

Section 408

Evidence of Corporation officer or employee.

Section 409

Prohibition against obstruction of Mayor or any Corporation authority

Section 410

Prohibition against removal of mark.

Section 411

Prohibition against removal or obliteration of notice.

Section 412

Prohibition against unauthorised removal of deposit, etc

Section 413

Liability of Councillors.

Section 414

Councillors and Corporation officers and employees to be public servants.

Section 415

Annual Administration Report

Section 416

Construction of reference

Section 417

Special provisions as to rural areas.

Section 418

Power to suspend any resolution or order of the Corporation

Section 419

Power of Government to modify proceedings.

Section 420

Power of Government to withdraw any area of Municipal area from operation of Act.

Section 421

District Planning Committee.

Section 422

Transitional provisions.

Section 423

Provisions regarding officers and employees.

Section 424

Assets, liabilities, debts, obligations, contracts and pending proceedings.

Section 425

Provision for municipality or local authority which is superseded.

Section 426

Power to enquire and make report about misconduct of certain officer or official

Section 427

Power to remove difficulties

Section 428

Repeal of Act No. VIII, Samvat 2008.