THE U.P. MUNICIPALITIES ACT, 1916

THE U.P. MUNICIPALITIES ACT, 1916

(Uttar Pradesh Act No. 2 of 1916)

Last Updated 25th November, 2021 [up203]

Received the assent of Lieutenant Governor on 11.05.1916 and of the Governor-General on 15.06.1916, and was published under Section 81 of the Government of India Act, 1915 on 24.06.1916.

An Act to consolidate and amend the law relating to Municipalities in the [Uttar Pradesh]

Whereas, it is expedient to consolidate and amend the law relating to Municipalities in the [Uttar Pradesh];

It is hereby enacted as follows :

Chapter I

Preliminary

1. Short title, extent and commencement. - (1) This Act may be called the [Uttar Pradesh] Municipalities Act, 1916.

[(2) It shall extend to the whole of Uttar Pradesh.]

(3) It shall come into force on the first day of July, 1916.

Object & Reasons

Statement of Objects and Reasons. - The Uttar Pradesh Municipalities Act, 1916 has been enacted to consolidate and amend the laws relating to Municipalities in the State of Uttar Pradesh. Clause (h) of sub-section (1) of Section 7 of the said Act, provides that it shall be the duty of every Municipality to make reasonable provision within the Municipal area for constructing, altering and maintaining public streets, culverts, markets, slaughter houses, latrines, privies, urinals, drains, drainage works and sewerage works. Besides, Section 237 and 238 empowers a Municipality to fix the places for slaughter of animals for sale and places for slaughter of animals not intended for sale or slaughter for religious purposes respectively. The provisions of the said sections were not in conformity with the provisions of the Prevention of Cruelty to Animals Act, 1960 and the Food Safety and Standards Act, 2006 and the rules made thereunder which are central enactments falling under the entries enumerated in the Concurrent List of the Seventh Schedule to the Constitution of India. In the aforesaid situation and in the light of the decision of the Hon’ble Supreme Court in the writ petition Laxmi Narayart Modi v. Union of India and Others, it has been decided to amend clause (h) of sub-section (1) of Section 7, to omit the words ‘slaughter houses’ therefrom and to omit Sections 237 and 238 of the said Act.

Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Municipalities (Amendment) Ordinance, 2018 (U.P. Ordinance No. 3 of 2018) was promulgated by the Governor on January 29, 2018.

This Bill is introduced to replace the aforesaid Ordinance.

2. Definitions. - In this Act unless there is something repugnant in the subject or context, -

[(1) "Backward classes" means the backward classes of citizens specified in Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994;]

[(2) "Buildings" means a house, out-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;]

(3) "Bye-law" means a bye-law made in exercise of a power conferred by this Act;

(4) [* * *]

(5) "Compound" means land, whether enclosed or not which is the appurtenance of a building or the common appurtenance of several buildings;

[(5A) "Director" means the Director of Local Bodies, Uttar Pradesh appointed under Section 31-B;]

[(5AA) "District Planning Committee" means the District Planning Committee constituted under Article 243-ZD of the Constitution;]

(6) "Drain" includes a sewer, pipe, ditch, channel or any other device for carrying of sullage, sewage and polluted water, or rain water or sub-soil water, together with pail depots, traps, sinks cisterns, flush, tanks and other fitting appertaining thereto;

[(6A) "Finance Commission" means the Finance Commission] [constituted under] Article 243-I of the Constitution;

(7) "Inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;

(8) "Lodging house" includes a collection of buildings, or a building or part of a building used for the accommodation of pilgrims and travellers;

[(8A) "Master plan" means a comprehensive plan showing therein the existing and proposed local 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 used];

[(9) "Municipality" means an institution of self-Government] [referred to in clause (e) of Article 243-P of the Constitution];

(9A) "Municipal area" means the territorial area of a municipality [* * *];

[(9B) "Municipal Council" means the Municipal Council constituted under sub-clause (b) of clause (1) of Article 243-Q of the Constitution;

(9C) "Nagar Panchayat" means the Nagar Panchayat constituted under sub-clause (a) of clause (1) of Article 243-Q of the Constitution;]

(10) "Notification" means a notification published in the Official Gazette;

(11) "Occupier" includes an owner in actual occupation of his own land or building;

(12) "Officer of the [Municipality]" means a person holding for the time being an office created or continued by or under this Act, but shall not include a member of the [Municipality] or of a committee as such;

(13) "Owner" includes a person for the time being receiving or entitled to receive the rent, or a part of the 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 Court or who would so receive the same if the land or building were let to a tenant;

[(13A) "Panchayat" means a panchayat referred to in clause (f) of Article 243-P of the Constitution;]

(14) "Part of a building" includes any wall, underground room or passage, verandah, fixed platform, plinth, staircase or doorstep 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;

[(15) "Petroleum" means petroleum as defined in the Indian Petroleum Act, 1849];

[(16) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]

[(17) (i) "Prescribed" means prescribed by or under this Act or rules made thereunder or by or under any other enactment;

(ii) "Prescribed authority" means an officer or a body corporate appointed by the State Government in this behalf by notification in the Official Gazette and, if no such officer or body corporate is appointed, the Commissioner;]

(18) "Public place" means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in the [Municipality] or not;

(19) "Public street" means a street -

(a) which is declared a public street by the [Municipality] under the provisions of Section 22, or

(b) which with the consent, express or implied, of the owner of the land comprising the street has been levelled, paved, metalled, channelled severed or repaired out of the municipal or other public funds:

(20) "Regulation" means a regulation made in exercise of a power conferred by this Act;

(21) "Rule" means a rule made in exercise of a power conferred by this Act;

[(21A) the expression "Scheduled Bank" shall have the meaning assigned to it in the Reserve Bank of India Act, 1934;]

(22) "Servant of the [Municipality]" means any person in the pay and service of the [Municipality];

[(22A) "Smaller urban area" means an area notified as such under clause (2) of Article 243-Q of the Constitution;]

[(22B) "State Election Commission" means the State Election Commission] [constituted under] Article 243-K of the Constitution;

(23) "Street" means any road, bridge, footway, lane, square, court, alley or passage which the public or any portion of the public, has right to pass along and includes, on either side, the drain or gutters and the land upto the defined boundary of any abutting property, notwithstanding the projection over such land of any verandah or other superstructure;

[(23A) "Transitional area" means an area in transition from a rural area to an urban area notified as such under clause (2) of Article 243-Q of the Constitution;]

[(23B) "User charges" means the charges of 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) "Vehicle" means a wheeled conveyance capable of being used on a street, and includes a bicycle, tricycle [or motor vehicle as defined in the] [United Provinces Motor Vehicles Taxation Act, 1935 (U.P. Act No. 5 of 1935)];

[(24A) "Wards Committee" means the Wards Committee] [referred to in' Article 243-S of the Constitution];

(25) "Water for domestic purposes" shall not include water for cattle, or for horses, for washing carriages, where the cattle, horses or carriages are kept for sale or hire [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 [not appurtenant to any dwelling house], or for fountains or for any ornamental purpose;

(26) "Water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, stand-pipes, conduits and all machinery, lands, buildings, bridges and things for supplying of 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 Governance Of Municipalities

Declaration of Municipalities

[3. Declaration etc. of transitional area and smaller urban area. -] [(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.]

(3) [The notifications 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.

[3A. Municipality for every transitional area and smaller urban area. -] [(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 subsection (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 [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 Uttar Pradesh Town Areas Act, 1914, as it stood immediately before the commencement of the Act referred to in clause (a), shall [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.

3B. Constitution and composition of Ward Committee. - (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 :

Provided that not less than one third number of total number of members shall be reserved 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 authorised 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 office 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.]

OLD LAW

Substituted by U.P. Act No. 29 of 2009. Prior to substitution, it stood as under :

3B. Constitution and composition of Wards Committees. - (1) Each Wards 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 five wards.

(2) The territorial area of a Wards Committee shall consist of the territorial area of the wards comprised in such Committee.

(3) Each Wards Committee shall consist of, -

(a) all the members of the Municipal Council representing the wards within the territorial area of the Wards Committee;

(b) such other members, not exceeding three as may be nominated by the State Government from amongst persons registered as electors within the territorial area of the concerned Wards Committee who have special knowledge or experience in municipal administration.

(4) The Wards Committee shall, at its first meeting after its constitution and at its first meeting in the same month in each succeeding year, elect one of the members, mentioned in clause (a) of sub-section (3), as the Chairperson of that Committee.

(5) The duration of the office of the Chairperson shall be one year but he shall hold office until his successor is elected and shall be eligible for re-election.

(6) The Chairperson shall vacate office as soon as he ceases to be a member of the Municipal Council.

(7) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise, before the expiry of his term the Wards Committee shall, as soon as may be on the occurrence of the vacancy, elect a new Chairperson in accordance with sub-section (4);

Provided that a 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.

(8) The duration of the Wards Committee shall be co-terminous with the term of the Municipal Council.

(9) Subject to the provisions of this Act, the Wards Committee shall exercise such powers and perform such functions as may be prescribed by rules.

4. Preliminary procedure to issue notification. - [(1) Before the issue of a notification] [referred to in Section 3], the [Governor] shall publish in the Official Gazette [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 or 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.

(2) The [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. Effect of including area in [transitional area or smaller urban area.] - [Where by a notification referred to in sub-section (2) of Section 3 the Governor includes any area] [transitional area or smaller urban area], such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders, directions, issued or made under this or any other enactment and in force throughout the [transitional area or smaller urban area], at the time immediately preceding the inclusion of the area.

The [Municipality]

6. [* * *]

7. Duties of [Municipality]. - (1) It shall be the duty of every [Municipality] to make reasonable provision [within the municipal area for], -

(a) lighting public street and places;

(b) watering public streets and places;

[(bb) making a survey, and erection of boundary marks, of the Municipality;]

(c) cleaning public sheets, places and drains, removing noxious vegetation, and abating all public nuisances;

(d) regulating offensive, dangerous or obnoxious trades, callings or practices;

[(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 projection in streets or public places;

(f) securing or removing dangerous buildings or places;

(g) acquiring, maintaining, changing, and regulating places for the disposal of the dead [and making arrangements for disposal of unclaimed dead bodies after ascertaining from the police in writing that there is no objection to do so;]

(h) constructing, altering and maintaining public streets, culverts, [markets]latrines, privies, urinals, drains, drainage works and sewerage works;

[(hh) reclaiming unhealthy localities;]

(i) Planting and maintaining trees on road sides and other public places;

[(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 use for human consumption and preventing polluted water from being so used;

[(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 maintaining or supporting public hospitals and dispensaries, and providing public medical relief;

[(mm) establishing, maintaining and assisting maternity centres 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 guaranteeing aid to institutions of physical culture;]

[(o)] establishing and maintaining primary schools;

[(p)] rendering assistance in extinguishing fires and protecting life and property when fires occur;

[(q) protecting, maintaining and developing the property vested in, or entrusted to the management of the] [Municipality];

[(qq) maintaining the finances of the] [Municipality] in satisfactory condition and meeting its liabilities;

[(r)] [prompt attention to official letters and preparation of] such returns, statements and reports as the [State Government] requires the [Municipality] to submit; and

[(s)] fulfilling any obligation imposed by law upon it;

[(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) [* * *]

8. Discretionary functions of [Municipalities]. - (1) A [Municipality] may make provision, within the limits of the municipality [and with the sanction of the] [Prescribed Authority] outside such limits for -

(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 buildings, and their compounds, to abut on such streets;

[(aa) preparing and executing Master Plan;]

(b) constructing, establishing, maintaining [or contributing to the maintenance of] [* * *] libraries, museums, [reading rooms, radio receiving stations, leper's homes, 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) [* * *]

(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;

[(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 on property vested in or entrusted to the management and control of the] [Municipality];

(f) [* * *]

(g) giving relief on the occurrence of local calamities, by the establishment and maintenance of relief words or otherwise;

(h) [* * *]

(i) securing or assisting to secure suitable places for the carrying on of any trade or manufacture mentioned under sub-head (a) of heading G of Section 298;

(j) establishing and maintaining a farm or factory for the disposal of sewage;

[(jj) making arrangements for preparation of compost manure from nightsoil and rubbish;]

(k) constructing, subsidizing or guaranteeing tramways, railroads or other means of locomotion and electric or gas lighting or electric or gas power works;

[(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 Centres 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) organizing or contributing 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]

[(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 [Municipality with the sanction] 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 Municipality or [Municipalities] concerned and thereupon the provisions of this act shall apply thereto as if it had been duty imposed by Section 7.

(2) A [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].

(3)[* * *]

8A. [* * *]

9. Composition of Municipality. - (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 States 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 Chairperson of the committees, if any, established under Section 104, if they are not members under any of the foregoing clauses :

[Provided that the persons referred to in clause (d) shall hold 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.

[Uttarakhand] Amendment

[(a) The elected members, whose numbers shall be not less than 4 and not more than 45, as may be prescribed by the State Government and notified in the Official Gazette;]

[9A. Reservation of seats. - (1) In every municipality seats shall be reserved for the] [Scheduled Castes, the Scheduled Tribes and the Backward Classes] and the number of seats so reserved shall 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 in the Municipal area or of the Scheduled Tribes in the Municipal area [or of the Backward Classes in the Municipal area] bears to the total population of such area and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules :

[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) [* * *]

(3) Not less than one-third of the total number of seats reserved under [sub-section (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.

[(5) The offices of President and] [* * *] 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) 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 or 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 Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the urban area of the State, or of the backward classes 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 or the backward classes, as the case may be :

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;

(ii) 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, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and 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 subsection (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, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes.

(c) All Municipal Councils and Nagar Panchayats of the State shall be arranged in such serial order that the Municipal Councils or Nagar Panchayats having largest percentage of population of Scheduled Castes in the State, shall be placed at Serial Number 1 and Municipal Councils or Nagar Panchayats having lesser population of the Scheduled Castes than those shall be placed at number 2 and the rest shall likewise be placed respectively at succeeding numbers.

(d) Subject to item (ii) of sub-clause (b) the number of offices of the Presidents determined under sub-clause (b) for Municipal Councils or the Nagar Panchayats of the State shall be allotted to different Municipal Councils or Nagar Panchayats in the State, as the case may be, in the manner that -

(i) the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Castes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to Scheduled Castes next to the Municipal Council or Nagar Panchayat placed at Serial No. 1 under sub-clause (c) :

Provided that such Municipal Council or Nagar Panchayats shall be first allotted to the women belonging to the Scheduled Castes :

(ii) the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Tribes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Tribes be allotted to Scheduled Tribes serial-wise next to the last serial allotted under item (i) :

Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Tribes.

(iii) the number of offices determined under item (i) of sub-clause (b), for the offices of backward classes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the backward classes shall be allotted to backward classes serial-wise next to the last serial number allotted under item (ii) :

Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women belonging to the backward classes.

(iv) the number of offices determined under item (ii) of sub-clause (b) excluding the officers determined under the said sub-clause for the women of Scheduled Castes, Scheduled Tribes and backward classes shall be allotted to the women serial-wise next to the last serial number allotted under item (iii).

(e) If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal Council or Nagar Panchayat -

(i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, such office shall be allotted to the women.

(ii) no office could be reserved for the Scheduled Castes or for the Scheduled Tribes, the order of allotment of offices referred in sub-clause (d) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the case may be.

(f) The offices allotted in any previous election to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women shall not be allotted in the subsequent election respectively to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women and the offices in such subsequent election shall be allotted serially from the next to the last office allotted to the women in the previous election in the order referred to in sub-clause (d) in cyclic order.

[x x x]

(3) Allotment order. - (a) Notwithstanding anything contained in the foregoing clauses the State Government shall, determining the number of offices to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and the women, by order published in the Gazette, allot the offices to the Municipalities.

(b) The draft of order under sub-clause (a) shall he published for objections for a period of not less than seven days.

(c) The State Government shall consider the objections, if any, but it shall not be necessary to hear in person on such objections unless the State Government considers it necessary so to do and thereupon it shall become final.

(d) The draft of order referred to in sub-clause (b) shall be published in at least one daily newspaper having wide circulation in the concerned district and shall also be affixed on the notice board of the offices of the District Magistrate and the concerned Municipality.

(6) The reservation of seats and offices of the Presidents for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.

Explanation. - It is clarified that nothing on this section shall prevent the persons belonging to the Scheduled Castes, Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats and offices.

[Uttarakhand] Amendment

[In the first proviso of Section 9-A(1) of the principal Act. the word "fourteen" shall be substituted for the words "twenty seven".]

10. [* * *]

[10A. Term of municipality. - (1) Every municipality shall, unless sooner dissolved under Section 39, continue for five years from the date appointed for its first meeting and no longer.

(2) An election to constitute a municipality shall be completed, -

(a) before the expiry of its term specified in sub-section (1); or

(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 sub-section for constituting the municipality for such period.

(3) 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 the dissolved municipality would have continued under sub-section (1), had it not been so dissolved.]

[(4) Notwithstanding anything to the contrary contained in any other provision of this Act, where, due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipality before the expiry of its term, then until the due constitution of such Municipality, all the powers, functions and duties of the Municipality shall be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such District Magistrate or Officer shall be called the Administrator, and such Administrator shall be deemed in law to be the Municipality, the President or the Committee as the occasion may require.]

Uttarakhand Amendment

In the end of Section 10-A, a new sub-section shall be inserted, namely :-

[(4) Notwithstanding anything to the contrary contained in any other provision of this Act. where due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipal Council/Nagar Panchayat before the expiration of its duration, then until the due constitution of such Municipal Council/Nagar Panchayat, all powers, functions and duties of Municipal Council/Nagar Panchayat, shall be exercised, performed and discharged by the District Magistrate or by such Gazetted Officer not below the rank of Sub-Divisional Magistrate, to be appointed in this behalf by the District Magistrate and such District Magistrate or such Officer shall be deemed in law to be the Chairman/President or Committee, as the occasion may require :

Provided that the term of the Administrator, appointed under this section, shall not exceed six months or till the new constitution of new Board.]

10AA. [* * *]

[Uttarakhand] Amendment

10AA. [x x x]

11. [* * *]

Delimitation

[11A. Delimitation of wards. - (1) For the purpose of election of members of a municipality every municipal area shall be divided into territorial constituencies to be known as wards in such manner that the population in each ward shall, so far as practicable, be the same throughout the municipal area.

(2) Each ward shall be represented by one member in the municipality.]

[11B. Delimitation Order. - (1) The State Government shall by order, determine, -]

[(a) the number of wards into which each municipal area shall be divided for purposes of elections to the municipality;]

(b) the extent of each ward;

(c) [* * *]

[(d) the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the women.]

(2) The draft of the Order under sub-section (1) shall be [published in the manner prescribed for a period of not less than seven days].

(3) The State Government shall consider any objections [* * *] filed under sub-section (2) and the draft order shall, if necessary, be amended, altered or modified accordingly and thereupon it shall become final.

[11C. Amendment of Delimitation Order. -] [(1)] The State Government may, after consulting the [Municipality] concerned, by a subsequent order, alter or amend the final order under sub-section (3) of Section 11-B.

[(2) For the alteration or amendment of airy order under sub-section (1), the provisions of sub-sections (2) and (3) of Section 11-B shall mutatis mutandis apply.]

12. [* * *]

Electoral rolls

[12A. Election of members. - The members of a municipality shall be elected on the basis of adult suffrage in accordance with the provisions of this Act.]

[12B. Electoral roll for every ward. - (1) There shall be an electoral roll for every ward which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the State Election Commission.]

[(2) Subject to sub-section (1), the electoral roll for every ward shall be prepared and published by the Electoral Registration Officer in the manner prescribed by rules under the supervision of the Chief Election Officer (Urban Local Bodies).

(2A) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer referred to in sub-section (2) shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, nominate or designate in this behalf.

(2B) Upon the publication of the electoral roll, it shall, subject to any alteration, addition or modification made by or under this Act be the electoral roll for the ward prepared in accordance with this Act.]

(3) Notwithstanding anything contained in this Act, the [Electoral Registration Officer may for the purpose of preparation of electoral roll for a ward, adopt, in accordance with the direction of the State Election Commission] the electoral roll of the Assembly constituency prepared under the Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that ward :

Provided that the electoral roll for such ward shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such ward and before the completion of such election.

12C. Qualification for electors. - Subject to the provisions of Section 12-D and 12-E every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised, and who is ordinarily resident in the area of the ward shall be entitled to be registered in the electoral roll for the ward.

Explanation. - (i) A person shall not be deemed to be ordinarily resident in the area of a ward on the ground only that he owns, or is in possession of a dwelling-house therein.

(ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.

(iii) A member of Parliament or of the Legislature of the State shall not, during the term of his office, cease to be ordinarily resident in the area of a ward merely by reason of his absence from that area in connection with the duties as such member.

(iv) Any other factors that may be prescribed shall be taken into consideration for deciding as to what persons may or may not be deemed to be ordinarily residents of a particular area at any relevant time.

(v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case.

12D. Disqualifications for registration in an electoral roll. - (1) A person shall be disqualified for registration in an electoral roll, if he, -

(i) is not a citizen of India; or

(ii) is of unsound mind and stands so declared by a competent Court; or

(iii) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

(2) The name of any person who becomes disqualified under sub-section (1) after registration shall forthwith be struck of the electoral roll in which it is included :

Provided that the name of any person struck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is during the period such roll is in force, removed under any law authorising such removal.

12E. Registration to be in one ward only. - (1) No person shall be entitled to be registered in the electoral roll for more than one ward or more than once in the electoral roll for the same ward.

(2) No person shall be entitled to be registered in the electoral roll for any ward, if his name is entered in any electoral roll pertaining to any city, other [Municipal area, Cantonment or area of Gram Panchayat], unless he shows that his name has been struck off from such electoral roll.

[12F. Correction of electoral roll. - (1) Where the Electoral Registration Officer is satisfied, after making such enquiry as he thinks fit, whether on an application made to him or on his own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, he shall subject to the provisions of this Act and the rules or orders made thereunder, delete or correct or add the entry, as the case may be :

Provided that no such deletion or correction or addition shall be made after the last date for making nomination for an election in the ward and before the completion of such election :

Provided further that no deletion or correction affecting the interest of any person adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.

(2) An appeal shall lie within such time and manner and to such officer or authority as may be prescribed by rules against any order of the Electoral Registration Officer in regard to the inclusion, deletion or corrections of a name in the electoral roll.]

12G. Revision of electoral rolls. - [the State Election Commission] may, if [it] thinks it necessary to do for the purpose of a general or bye-election, direct a [* * *] revision of the electoral roll for any ward in such manner as [it] may things fit :

Provided that subject to the other provision of this Act, the electoral roll for the ward, as in force at the time of issue of any such direction shall continue to be in force until the completion of the [* * *] revision, so directed.

[12H. Order regarding electoral rolls]. - [In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may], by order make provision in respect of the following matters concerning the electoral rolls, namely, -

(a) the date on which the electoral rolls first prepared and subsequently prepared under this Act shall come into force and their period of operation;

(b) the correction of any existing entry in the electoral rolls on the application of the elector concerned;

(c) the correction of clerical or printing errors in the electoral rolls;

(d) the inclusion in the electoral rolls of the name of any person -

(i) whose name is included in the Assembly rolls for the area relatable to the ward but is not included in the electoral roll of the ward or whose name has been wrongly included in the electoral roll of some other ward; or

(ii) whose name is not so included in the Assembly rolls and who is otherwise qualified to be registered in the electoral roll of the ward;

(e) [* * *]

(ee) fees payable on applications for inclusion or exclusion of names;

(f) custody and preservation of the electoral rolls; and

(g) generally for all matters relating to the preparation and publication of the electoral rolls.

13. [* * *]

Conduct of elections

[13A. General election. - Except as provided in Section 31-A, the State Government shall, in consultation with the State Election Commission, by the Official Gazette, appoint date or dates for general election to a municipality.]

[13B. Superintendence etc. of the conduct of the elections. -] [(1)] The superintendence, direction and control of the conduct of all elections to the municipalities shall be vested in the State Election Commission.

[(2) Subject to sub-section (1), the Chief Election Officer (Urban Local Bodies), referred to in sub-section (2-A) of Section 12-B shah supervise the conduct of all elections to the municipalities.]

[Uttarakhand] Amendment

[(3) State Election Commission shall obtain from all candidates a declaration in the form of an affidavit containing the following information and any other information it deems necessary and shall, except information contained in clauses (c) and (e), make public the same for the information of the electorate, - ]

[(a) whether the candidate has been convicted/acquitted/ discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment or fine;

(b) prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so, the details thereof;

(c) the assets (immovable, movable, bank balances, etc.) of a candidate and of his/her spouse and, that of dependants;

(d) liabilities, if any, particularly whether there are any overdues of any Public Financial Institutions or Government dues;

(e) his/her source of income and full details of present Monthly/Annual Income;

(f) whether he/she is married/unmarried;

(g) number of children, their ages, and their educational expenses.

(h) details of his/her income tax, house tax, projections tax/fees payable annually;

(i) the educational qualifications of candidate.]

[13C. Qualifications for election of member. - A person shall not be qualified for being chosen as and for being a member unless, -

(a) he is an elector for any ward in the municipality;

(b) in the case of a seat reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women, he is a person belonging to the said category, as the case may be;

(c) he has attained the age of twenty one years.]

[Uttarakhand] Amendment

[x x x]

[13D. Disqualification for membership]. - A person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as, and for being, a member of a [Municipality] if he, -

[(a) is a dismissed servant of a local authority and is debarred from re-employment thereunder; or

(aa) having held any office under the Government of India or the Government of any State has been dismissed for corruption or disloyalty to the State unless a period of six years' has elapsed since his dismissal; or]

(b) is debarred from practising as a legal practitioner by order of any competent authority; or

(c) holds any place of profit in the gift or disposal of the [Municipality]; or

(d) is disqualified under Section 27 or 41; or

(e) [* * *]

[Uttarakhand] Amendment

[(e) he has more than two living children of whom one is born after expiry of 300 days from the date of notification of this part; or]

(f) is in the service of the State or the Central Government or any local authority, or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector; or

(g) is in arrears in the payment of Municipal Tax or other dues in excess of one year's demand to which Section 166 applies; or

(h) [* * *]

[Uttarakhand] Amendment

[(h) has been convicted of any offence against a woman; or]

(i) is an undischarged insolvent; or

[(ii) has been convicted of any offence punishable with imprisonment under Section 171-E or an offence punishable under Section 17-F of the Indian Penal Code, 1860 (Act No. 45 of 1860); or]

[(j) has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1947 (U.P. Act II of 1947), as re-enacted by the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1953 (U.P. Act XII of 1953, or the Prevention of Food Adulteration Act, 1954 (U.P. Act XXXVII of 1954) or for an offence which is declared by the State Government to involve such moral turpitude as to render him unfit to be a member, or has been ordered to execute a bond for good behaviour in consequence of proceedings under Section 109 or 110 of the Code of Criminal Procedure, 1898], [such sentence or order not having been subsequently reversed :]

Provided that in cases of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf :

Provided further that in the case of (g), the disqualification shall cease as soon as the arrears are paid [:]

[Provided also that in case of (j), -

(i) the disqualification shall cease on the expiry of the five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behaviour, as the case may be; and

(ii) the disqualification shall not in the case of a person who is, on the date of the disqualification, a member of the] [Municipality] take effect until three months have elapsed from the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of.

[Explanation. - A Government treasurer shall not be deemed to be in the service of the State or of the Central Government within the meaning of clause if)].

[(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State :

Provided that no persons shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.]

[Uttarakhand] Amendment

[(l) has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published; or

(m) is a paid employee of any institution, receiving financial aid from the municipalities; or

(n) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned 01 managed by the municipality/Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation; or

(o) is a representative or office bearer of any federation or union of any cadre or class of employees of the municipality; or

(p) has been convicted of any offence involving violation of any Act, rules, sub-rules, regulations and Government orders relating to municipality and has been found guilty or working against the interest of the municipality.]

[(q) is a candidate from more than one ward.]

[13E. Right to vote. - (1) No person who is not, and except as expressly provided by this Act, every person who is for the time being entered in the electoral roll of any ward shall be entitled to vote in that ward.

(2) No person shall vote at an election in any ward if he is subject to any of the disqualifications referred to in Section 12-D.

(3) No person shall vote at a general election in more than one ward and if a person votes in more than one such ward, his votes in all such wards shall be void.

(4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that ward more than once, and if he does so vote, ail his votes in that ward shall be void.

(5) No person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the Police :

Provided that nothing in this sub-section shall apply to a person subject to preventive detention under any law for the time being in force.]

13F. [* * *]

[Uttarakhand] Amendment

[13F. Procedure of voting. - Wherever an election takes place in any ward, voting shall be either through secret ballot or voting machine and there shall be no proxy voting.]

13G. Order regarding conduct of elections. - [In so far as provision with respect to any matter is not made by this Act, the State Election Commission] may, by order, make provision with respect to the following matters concerning conduct of elections, that is to say, -

(a) issue of notifications for general elections;

(b) the appointment, powers and duties of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers and clerks;

(c) appointment of dates for nomination, scrutiny, withdrawal and polling;

(d) the manner of presentation and the form of nomination paper, the requirements for a valid nomination, scrutiny of nominations and withdrawal of candidature;

(e) appointment and duties of election agents, polling agents and counting agents;

(f) procedure at general election including death of candidate before poll, procedure in contested and uncontested elections, [* * *];

(g) identification of voters;

(h) hours of polling;

(i) adjournment of poll and fresh poll;

(j) manner of voting at elections;

(k) scrutiny and counting of votes including recount of votes and procedure to be followed in case of equality of votes and declaration of results;

(l) the notification of the names of the members elected for the various wards of the municipality and the due constitution of the [Municipality];

(m) return of forfeiture of deposits;

(n) manner in which votes are to be given by the presiding officers, polling agents or any other person who being an elector for a ward is authorised or appointed for duty at a polling station at which he is not entitled to vote;

(o) the procedure to be followed in respect of the tender of vote by person representing himself to be an elector after another person has voted as such elector;

(p) the safe custody of ballot boxes papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; and

(q) generally on all matters relating to conduct of elections.

13H. Bye-elections. - (1) Subject to the provisions of sub-section (2) of Section 13-I, when the seat of a member, elected to a [Municipality] becomes vacant or is declared vacant or his election is declared void, [the State Election Commission shall in consultation with the State Government] by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy caused before such date as may be specified in the notification and the provisions of this Act and of the Rules and Orders made thereunder, shall apply, as far as may be, in relation to the election of member to fill such vacancy.

(2) If the vacancy so caused be a vacancy in a seat reserved in any such ward for the Scheduled Castes, [the Scheduled Tribes, the Backward Classes or the women] the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes [the Scheduled Tribes, the Backward Classes or the women, as the case may be].

13I. Certain casual vacancies not to be filled. - Where a vacancy occurs on a [Municipality] by reason of death, resignation, removal or avoidance of an election of the elected member and the term of office of that member would, in the ordinary course of events, have determined within one year of the occurrence of the vacancy, [such vacancy may be left unfilled].

[13J. Electoral offences. - (1) The provisions of Sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135,] [135-A] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951, shall have effect as if, -

(a) the reference therein to an election were a reference to an election held under this Act;

(b) for the word "constituency" the word "ward" had been substituted;

(bb) in Section 127-A in sub-section (2) in clause (b) in sub-clause (i), for the words "the Chief Electoral Officer" the words [Chief Election Officer (Urban Local Bodies)] had been substituted;

(c) [* * *]

(d) in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh Municipalities Act, 1916" had been substituted.

(2) If [Chief Election Officer (Urban Local Bodies)], has reason to believe that any offence punishable under Section 129 or Section 134 or Section 134-A or under clause (a) of sub-section (2) of Section 136 of the said chapter has been committed in reference to any election to a [Municipality], it shall be the duty of the [Chief Election Officer (Urban Local Bodies)] to cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.

(3) No Court shall take cognizance of any offence punishable under Section 129 or under Section 134 or under Section 134-A or under clause (a) of sub-section (2) of Section 136 unless there is a complaint made by order or under authority from the [Chief Election Officer (Urban Local Bodies)].

[13K. Jurisdiction of Civil Courts. - (1) No Civil Court shall have jurisdiction, -

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll of a ward; or]

[(b) to question the legality of any action taken by or under the authority of the State Election Commission in respect of preparation or publication of electoral roll; or]

(c) to question the legality of any action taken or any decision given by the Returning Officer or by any other officer appointed under this Act in connection with an election.

(2) No election shall be called in question except by an election petition presented in accordance with the provisions of this Act.

14 to 17. [* * *]

18. [* * *]

Election petitions

19. Power to question municipal election by petition. - (1) The election of any person as a member of a [Municipality] may be questioned by an election petition on the ground, -

(a) that such person committed during or in respect of the election proceedings a corrupt practice as defined in Section 28;

(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or any other reason was not duly elected by a majority of lawful votes;

[(c) that such person was not qualified to be nominated as a candidate for election or that the nomination paper of the petitioner was improperly rejected.]

(2) The election of any person as a member of a [Municipality] shall not be questioned, -

(a) on the ground that the name of any person qualified to vote has been omitted from, or the name of any person not qualified to vote has been inserted in the electoral roll or rolls;

[(b)] on the ground of any non-compliance with this Act or any rule, or of any mistake in the forms required thereby, or of any error, irregularity or informality on the part of the officer or officers charged with carrying out this Act or any rules, unless such non-compliance, mistake, error, irregularity or informality has materially affected the result of the election.

[20. Form and presentation of election petitions. - (1) An election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer, and shall specify the ground or grounds on which the election of the respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies and set for the full particulars of any corrupt practices that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practices and the dates and place of the commission of each such practice.

(2) The petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.

(3) The petition may be presented by any candidate in whose favour votes have been recorded and who claims in the petition to be declared elected in the room of the person whose election is questioned or by ten or more electors of the municipality or by a person who claims that his nomination paper was improperly rejected.

(4) The person whose election is questioned and, where the petitioner claims that any other candidate should be declared elected in the room of such person, every unsuccessful candidate who is not a petitioner in the petition shall be made a respondent to the petition.]

[(5) The petition shall be presented to the District Judge exercising jurisdiction in the area in which the municipality, to which the election petition relates, is situate :

Provided that the petition shall not be entertained by the District Judge, unless it is accompanied by a treasury challan showing that the prescribed security has been deposited].

[21. Recriminatory proceedings. - (1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such other candidate would have been void if he had been the retuned candidate and a petition had been presented calling in question his election :

Provided that the returned candidate or such other party shall not be entitled to give such evidence unless he has within twenty-one days from the date of the service upon him of the notice of the election petition, given notice to the election tribunal of his intention to do so and has also deposited the security prescribed in the case of an election petition questioning the election of a member.

(2) Every notice referred to in sub-section (1) shall be accompanied by a statement of ground or grounds and of material facts and full particulars required by Section 20 in the case of an election petition and shall be signed and verified in like manner].

[22. Hearing of election petition. - (1) An election petition not complying with the provisions of Section 20 or upon which the requisite court-fee has not been pad at the time of presentation or with in such further time not exceeding fourteen days as the] [District Judge], as the case may be, may have granted, shall be rejected by such Judge.

[(2) An election petition not rejected under sub-section (1) shall be heard by the District Judge.]

23. Procedure. - Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code (Act V of 1908) in regard to suits, shall, so far as it is not inconsistent with this Act or any rule and so far it can be made applicable, be followed in the hearing of election petitions :

Provided that, -

(a) two or more persons whose election is called in question may be made respondents to the same petition, and their cases may be tried at the same time, and any two or more election petitions may be heard together; but, so far as is consistent with such joint trial or hearing, the petition shall be deemed to be separate petition against each respondent;

(b) the [District Judge] shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in its option for the purpose of deciding the case;

(c) the [District Judge] may, at any stage of the proceedings, require the petitioner to give [* * *] further security for the payment of all costs incurred or likely to be incurred by any respondent;

(d) the [District Judge] for the purpose of deciding any issue, shall only be bound to require the production of, or to receive so much evidence, oral or documentary, as it considers necessary;

(e) during the hearing of the case the [District Judge] may refer a question of law to the High Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908, but there shall be no appeal either on a question of law or fact, and no application in revision against or in respect of the decision of the [District Judge];

[(f) any person considering himself aggrieved by the decision may apply for review to the] [District Judge] within thirty days from the date of the decision and the [District Judge] may thereupon review the decision on any point;

[Provided that in computing the period of limitation the provision of sub-section (2) of Section 12 of the Limitation Act, 1963 shall apply.]

23A. [* * *]

[24. Provisions as to costs. - An order for costs or an order for the realization of a security bond for costs passed by the District Judge in an election petition under this Act may be sent by him for execution to the Collector of the district in which the municipality concerned is situated and an order so sent shall be executed by the Collector in the same manner as if it were in respect of arrears of land revenue].

25. Finding of [the District Judge]. - [(1) If the] [District Judge], after making such inquiry as it deems necessary, finds in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its discretion and may also pass such order for return or forfeiture of the security or part thereof as he may deem fit.

(2) If the [District Judge] finds that the election of any person was invalid, [or that nomination paper of the petitioner was improperly rejected,] it shall either, -

(a) declare a casual vacancy to have been created; or

(b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case, the more appropriate, and in either case may award costs at its discretion.

(3) [* * *]

26. Avoidance of election proceedings. - (1) Notwithstanding anything contained in the preceding section if the [District Judge] in the course of hearing an election petition is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question have prevailed to such an extent as to render it advisable to set aside the whole proceedings, it shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party in the case calling upon him to show cause why such conditional order should not be made final.

(2) Thereupon every such candidate may appear and show cause, and may have recalled, for the purpose of putting question to him, any witness who has appeared in the case.

(3) The [District Judge] shall thereafter either cancel the conditional order or make it absolute, in which case it shall direct the [Municipality] to take measures for holding fresh election proceedings.

Explanation. - In this clause the expressions "the election proceedings in questions" and the "whole proceedings" shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single poll, whether the poll be for the purpose of selecting one or more persons to represent a ward or otherwise.

27. Disqualification of corrupt practice. - (1) The [District Judge] may declare any candidate found to have committed any corrupt practice [* * *] to be incapable, for any period not exceeding five years, of being elected as a member of the [Municipality] or of being appointed or retained in any office or place in the gift or disposal of the [Municipality] [ : ]

[Provided that no such declaration shall be made about any candidate who was not a party to the election petition or who was not given an opportunity of being heard under Section 26].

28. Corrupt practices. - A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person, -

(i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate;

(ii) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money, or valuable consideration, or any place, or employment, or holds out any promise or individual advantage or profit to any person;

(iii) gives or procures the giving of a vote in the name of a voter who is not the person giving such vote;

(iv) abets [within the meaning of the Indian Penal Code (Act 15 of I860)] the doing of any of the acts specified in clauses (i), (ii) and (iii));

[(v) induces or attempts to induce a candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object to divine displeasure or spiritual censure;

(vi) canvasses on grounds of caste, community, sect or religion;]

(vii) commits such other practice as the [State Government], may by rule prescribe to be corrupt practice.

Explanation. - A "promise of individual advantage or profit to person" includes a promise for the benefit of the person himself, or of any one in whom he is interested, but does not include a promise to vote for or against any particular municipal measure.

29. [* * *]

29A. [* * *]

Control of [Municipality]

[30. Power of State Government to dissolve the municipality. - If at any time the State Government is satisfied that a municipality persistently makes default in the performance of duties imposed upon it by or under this Act or any other law for the time being in force or exceeds or abuses more than once its powers, it may, after having given the municipality a reasonable opportunity to show cause why such order should not be made, by order, published with the reasons therefor in the Official Gazette, dissolve the municipality.]

31. [* * *]

[31A. Consequences of dissolution of municipality. - Where a municipality is dissolved under Section 30, the following consequences shall follow :

(a) All members of the municipality including the President shall, on a date to be specified to the order, vacate their offices as such but without prejudice to their eligibility for re-election or renomination;

(b) Until the constitution of the new municipality -

(i) all powers, functions and duties of the municipality, its President and Committees shall be vested in and be exercised, performed and discharged by such person or persons as the State Government may appoint in that behalf and such person or persons, shall be deemed in law to be the municipality, the President or the Committee, as the occasion may require;

(ii) such salary and allowances of such person or persons as the State Government may by general or special order in that behalf fix, shall be paid out of Municipal fund;

(iii) the State Government may, from time to time, by notification in the Official Gazette, make such incidental or consequential provisions, including provisions for adapting, altering or modifying any provisions of this Act, without affecting the substance, as may appear to it to be necessary or expedient for carrying out the purposes of this section.]

31B. Director of Local Bodies. - (1) The State Government shall appoint an officer to be the Director of Local Bodies, Uttar Pradesh.

(2) In addition to the function 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 a [Municipality] (not being powers under Section 30) as the State Government may, by notification in the Gazette, and subject to such conditions and restrictions (including the conditions of review by itself) as may be specified in such notification, delegate to him.

32. Supervision by Prescribed Authority. - The [Prescribed Authority] may, -

(a) inspect, or cause to be inspected, [by an officer not below the rank of a Sub-Divisional Officer] any immovable property used or occupied by a [Municipality] or Joint Committee or any work in progress under the direction of a [Municipality] or of such committee;

(b) by order in writing call for and inspect a book or document in the possession or under the control of a [Municipality] or of such committee;

(c) by order in writing require a [Municipality] or such committee to furnish such statements, accounts, reports or copies of documents, relating to the proceedings or duties of the [Municipality] or committee, as [it] thinks fit to call for; and

(d) record in writing for the consideration of a [Municipality] or of such committee, any observations as [it] thinks proper in regard to the proceedings or duties of the [Municipality] or committee.

33. Inspection of municipal works and institution by Government officers. - A work, or institution, constructed or maintained, in whole or in part at the expense of a [Municipality], and all registers, books, accounts or other documents relating thereto, shall at all times be open to inspection by such officers as the [State Government] appoints in this behalf.

34. Power of the State Government or the Prescribed Authority or the District Magistrate to prohibit execution or further execution of resolution or order of [Municipality]. - (1) [The Prescribed Authority may], by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a [Municipality] or a committee of a [Municipality] or a Joint Committee or any officer or servant of a [Municipality] or of a Joint Committee [if in its opinion] such resolution or order is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed [* * *] and may prohibit the doing or continuance by any person of any act in pursuance for or under cover of such resolution or order.

[(1A) The District Magistrate may, within the limits of his district, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a] [Municipality] or a committee of a [Municipality] or a Joint Committee or any officer or servant of a [Municipality] or of a Joint Committee if in his opinion such resolution or order is of a nature to cause or tend to cause danger to human life, health or safety, or a riot or affray, and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order.

[(1B) the State Government may, on its own motion or on report or complaint received by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a] [Municipality] or a committee of a [Municipality] or a Joint Committee or any officer or servant of a [Municipality] or of a Joint Committee, if in its opinion such resolution or order is prejudicial to the public interest, [or has been passed or made in abuse of powers or in flagrant breach of any provision of any law for the time being in force,] and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.

[(2) Where an order is made under sub-section (1) or (1-A)] [* * *], a copy thereof with a statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority or the District Magistrate through the Prescribed Authority, as the case may be, to the State Government which may thereupon, if it thinks fit, rescind or modify the order.

(3) [* * *]

(4) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1), (1-A) or (1-B) and continuing in force, it shall be the duty of the [Municipality], if so required by the authority making the order under the said sub-sections to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.

35. Power of the State Government and Prescribed Authority in case of default of [Municipality]. - (1) If at any time, upon representation made or otherwise, it appears to the State Government that [a municipality] has made default in performing a duty imposed on it by or under this or any other enactment, [or in carrying out any order made or direction issued by the State Government in exercise of any power conferred by this Act or any other enactment] the State Government [* * *] may (after calling for an explanation from the [Municipality] and considering any objection by the [Municipality] to action being taken under this section), by order in writing fix a period for the performance of that duty [or the carrying out of that order or direction].

(2) If that duty is not performed [or the order or direction is not carried out] within the period so fixed, the State Government [* * *] may appoint the District Magistrate [or any officer not below the rank of a Deputy Collector] to perform it and may direct that the expense (if any) of performing the duty [or executing the order or direction] shall be paid, within such time as may be fixed, to the District Magistrate by the [Municipality].

(3) If the expense is not so paid, the District Magistrate, with the previous sanction of the State Government [* * *] may make an order directing the person having the custody of the Municipal fund to pay the expense from such fund.

36. Extraordinary powers of District Magistrate in case of emergency. - (1) In case of emergency the District Magistrate may [with the permission of the Prescribed Authority] provide for the execution of any work or the doing of any act which the [Municipality] is empowered to execute or do and of which the immediate execution or doing, is in his opinion, necessary [for the safety, protection or convenience of the public] and may direct that the expense of executing the work or doing the act shall be forthwith paid by the [Municipality].

(2) If the expense is not so paid, the District Magistrate may make an order directing the person having the custody of the Municipal fund to pay the expense from such fund.

(3) The District Magistrate shall forthwith report to the [Prescribed Authority] every case in which he uses the powers conferred on him by this section.

Municipal members

37. Prohibition of remuneration to members and President. - No member or President of a [Municipality] shall be granted any remuneration or travelling allowance by the [Municipality] except with the sanction of State Government or in accordance with rules made in this behalf.

38. Term of office of members elected [or nominated] to fill casual vacancies. - (1) The term of office of a member elected [or nominated] to fill a casual vacancy or a vacancy remaining unfilled at the general election shall begin upon the declaration of his election [or nomination] under the Act and shall be the remainder of the term of the [Municipality].

(1a) [* * *]

(2) [* * *]

(3) [* * *]

(4) [* * *]

(5) [* * *]

38A. [* * *]

39. Resignation of members. - [If a member of a] [Municipality] other than the President resigns by writing under his hand addressed to the State Government, his seat shall thereupon become vacant. The resignation shall be delivered at the office of the District Magistrate of the district, in which the municipality is situate who shall forthwith inform the President and shall forward the resignation to State Government.

40. Removal of members. - [(1) The State Government] [* * *] may remove a member of the [Municipality] on any of the following grounds, -

(a) that he has absented himself from the meetings of the [Municipality] for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the [Municipality] :

Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account;

(b) that he has incurred any of the disqualifications mentioned in Sections [12-D and 13-D];

(c) that he has within the meaning of Section 82, knowingly acquired or continued to hold, directly or indirectly, or by a partner, any [share or interest, whether pecuniary or of any other nature] in any contract by or on behalf of the [Municipality];

(d) that he has knowingly acted as a member in a matter other than a matter referred to in Section 82 in which he or a partner had, directly or indirectly a [personal interest, whether pecuniary or of any other nature] or in which he was professionally interested on behalf of a client, principal or other person; [* * *]

[(e) that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the] [Municipality] or against the State Government in respect of nazul and entrusted to the management of the [Municipality] or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the [Municipality];

[(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer;]

[(g) that he has been guilty of persistent misbehaviour or disorderly conduct at meetings of the] [Municipality] and a complaint to that effect is made to the State Government by the President or any other member; or

[(h) that he has been guilty of any other misconduct whether as member or as] [* * *] or President or as [* * *] exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976.

(2) [* * *]

[(3) The State Government may remove from the] [Municipality] a member who, in his opinion, while being a member during the current or the last preceding terms of the [Municipality], acting as President or a [* * *], or a [* * *], or Chairman of a Committee or member, or in any other capacity whatsoever, has, whether, before, or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the [Municipality], as to render him unfit to continue as a member.

(4) Provided that [when the State Government] proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on record.

(5) [* * *]

[(6) Without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning.]

Explanation. - The power of administering warning or placing a member under suspension under sub-section (6) may be exercised either by the State Government or the Prescribed Authority, as the case may be, while dealing with the matter originally under sub-section (1) or sub-section (3) or by the State Government on appeal under sub-section (2).

41. Disability of members removed under Section 40. - (1) A member removed under clause (a) of sub-section (1) of the preceding section shall, if otherwise qualified, be eligible for further election [* * *] or nomination.

(2) A member removed under clause (b) of sub-section (1) of the preceding section [* * *] shall not be so eligible [* * *] [unless his disqualification no longer exists].

(3) A member removed under sub-section (3) of the preceding section shall not be so eligible for a period of [five] years from the date of his removal :

Provided that the State Government may for sufficient reason exempt any person from his disability.

(4) A member removed under any other provision of the preceding section shall not be so eligible until he is declared [for reasons to be specified] to be no longer ineligible, and he may be so declared, by an order of the State Government [* * *].

42. [* * *]

President and vice-president

[43. Election of President. - (1) The President of the municipality shall be elected on the basis of adult suffrage by the electors in the municipal area.

(2) An outgoing President shall be eligible for re-election.

(3) The provision of this Act and the rules framed thereunder in relation to election (including disputes relating to election and electoral offences) of a member shall, mutatis mutandis, apply in relation to election of the President.

(4) If in a general election a person is elected both as member and President of the municipality or being a member of the municipality is elected President thereof in any bye-election, he shall, except as provided in Section 49, cease to be a member from the date of his election as President.]

[43A. Bar on simultaneously holding the post of President or] [* * *] in different local authorities. - No person shall be at the same time the President or [* * *] both of a [Municipality] and any other local authority :

Provided that if a person is elected to any such or similar office of more than one local authority, he shall, at his option, continue to hold the office in one local authority and resign from other within a prescribed period.]

[43AA. Qualification for Presidentship. -] [(1) A person shall not be qualified to be chosen as President of a] [Municipality] unless he, -

(a) is an elector for any ward [in the municipal area];

(b) has attained the age of thirty years on the date of his nomination as a candidate for election to the office of President.

(2) A person shall be disqualified for being chosen as, and for being, President of a [Municipality] if he, -

(a) is or has become subject to any of the disqualification [mentioned in clauses (a) to (g) and (i) to (k)] of Section 13-D and the disqualification has not ceased or been removed under the said section; or

(b) [* * *]

(3) [* * *]

43B. [* * *]

[43BB. Transfer of petition. - (1) On the application of any party to an election petition presented under sub-section (5) of Section 20] [* * *], and after notice to the other parties thereto, and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage, -

(a) transfer an election petition pending before a District Judge for trial to any other District Judge; or

(b) re-transfer the same for trial to the District Judge from whom it was withdrawn.

(2) The District Judge may at any stage transfer an election petition pending before him under this Act to an Additional District Judge and may withdraw any election petition pending before an Additional District Judge and, -

(i) transfer or dispose of the same; or

(ii) transfer the same for trial or disposal to any other Additional District Judge; or

(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn.

(3) Where any election petition has been transferred or re-transferred under sub-section (1) or sub-section (2), the District Judge or the Additional District Judge, who thereafter tries such petition, may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred :

Provided that he may, if he thinks fit, recall and re-examine any of the witnesses already examined.

[43C. Power of] [the State Election Commission] to make order regarding election of President. - [In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may] by order, make provision with respect to the following matters concerning the conduct of [* * *] election of President, that is to say, -

(a) the appointment, powers and duties of Returning Officers;

(b) appointment of dates for nomination, scrutiny, withdrawal and polling;

(c) the manner of presentation and the form of nomination paper, the requirements for a valid nomination, scrutiny of nominations and withdrawal of candidature;

(d) procedure at election, including death of candidate before poll and procedure of contested and uncontested elections;

(e) hours of polling and adjournment of poll;

(f) manner of voting at elections;

(g) scrutiny and counting of votes including re-counting of votes and procedure to be followed in case of equality of votes;

(h) declaration and notification of results;

(i) deposit of security with nomination and return and forfeiture thereof;

(j) to (r) [* * *]

[43D. Oath of allegiance and office. - (1) The President and every member of a] [Municipality] shall, before taking his seat, make and subscribe at a meeting of the [Municipality] an oath or affirmation of his allegiance to the Constitution in the following form :-

"I A. B., having been elected a member/President of this [Municipality] do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will faithfully and conscientiously discharge the duties upon which I am about to enter."

(2) The President or the members who fails to make, within three months of the date on which his term of office commences or at any one of the first three meetings of the [Municipality], held after the said date, whichever is later, unless this period is extended by the District Magistrate, the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.

(3) Any person required under sub-section (1) to make an oath or affirmation shall not take his seat at a meeting of the [Municipality] or do any act as a member or President of the [Municipality] unless he has made and subscribed an oath or affirmation as laid down under sub-section (1).

[(4) Within seven days of the constitution or reconstitution of the Municipality, the District Magistrate shall convene a meeting of the Municipality for the Administration of oath or affirmation in the manner prescribed in this section and such meeting shall be presided over by the District Magistrate or in his absence by a Deputy Collector nominated by him in this behalf. The meeting, so convened shall be treated as the First Meeting of the Municipality.]

(5) The Executive Officer shall, as soon as may be, report to the District Magistrate the name of the President or Member, if any, who ceases to hold his office under sub-section (2).

44. [* * *]

[44A. Bye-election of President. - If a casual vacancy occurs in the office of the President owning to death or resignation or any other cause, the President shall be elected as soon as may be thereafter, but not later than three months from the date of occurrence of the said vacancy, in the manner provided in Section 43.]

45. [* * *]

[46. Term of office of a President. - (1) Except as otherwise provided in this Act, the term of office of a President shall be co-terminous with the term of the] [Municipality].

(2) The term of office of a President elected in a casual vacancy shall be the remainder of the term of office of his predecessor.

46A. [* * *]

47. Resignation of President. - [(1) A President of a municipality wishing to resign may forward his written resignation through the District Magistrate to the State Government.]

(2) On receipt by the [Municipality] of information that the resignation has been accepted by the State Government [* * *], such [President] shall be deemed to have vacated his office.

47A. [* * *]

[Uttarakhand] Amendment

[Section 47-A of the Principal Act shall be omitted.]

48. Removal of President. - (1) [* * *]

(2) Where the State Government has, at any time, reason to believe that, -

(a) there has been a failure on the part of the President in performing his duties; or

(b) die President has -

(i) incurred any of the disqualifications mentioned in Sections 12-D and 43-AA; or

(ii) within the meaning of Section 82 knowingly acquired or continued to have, directly or indirectly or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with by or on behalf of the [Municipality]; or

(iii) knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of subsection (2) of Section 32, in which he has, directly or indirectly or by a partner, any share or interest whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person; or

(iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the [Municipality] or against the State Government in respect of nazul land entrusted to the management of the [Municipality] or against the State Government in respect of nazul land entrusted to the management of the [Municipality], or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the [Municipality]; or

(v) abandoned his ordinary place of residence in the municipal area concerned; or

(vi) been guilty of misconduct in the discharge of his duties; or

[(vii) during the current or the last preceding term of the] [Municipality], acting as President or [* * *], or as Chairman of a Committee, or as member or in any other capacity whatsoever, whether before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss of damage to fund or property of the [Municipality] as to render him unfit to continue to be President; or

(viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976 whether as President or as [* * *], exercising the powers of President, or as [* * *], or as member; or

[(ix) caused loss or damage to any property of the municipality; or

(x) misappropriated or misused of Municipal found; or

(xi) acted against the interest of the municipality; or

(xii) contravened the provisions of this Act or the rules made thereunder; or

(xiii) created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or

(xiv) wilfully contravened any order or direction of the State Government given under this Act; or

(xv) misbehaved without any lawful justification with the officers or employees of the municipality; or

(xvi) disposed of any property belonging to the municipality at a price less than its market value; or

(xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the municipality;]

it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office.

[Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show-cause notice and proceedings under this sub-section he shall, from the date of issuance of the show-cause notice containing charges, cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show-cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector].

[* * *] [* * *]

[(2B) An order passed by the State Government under sub-section (2-A) shall be final and shall not be questioned in any Court.]

(3) [* * *]

[(4) A President removed under sub-section (2-A) shall also cease to be a member of the] [Municipality] and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of subsection (2) shall not be eligible for re-election as President or member for a period of five years from the date of his removal.

[Uttarakhand] Amendment

[In Section 48 of the principal Act, in sub-section (2), in clause (b) after sub-clause (viii), the following sub-clauses shall be inserted namely :

(ix) caused loss or damage to any property of the Municipality; or

(x) misappropriated or misused the Municipal fund; or

(xi) acted against the interest of the Municipality; or

(xii) contravened the provisions of this Act or the rules made thereunder; or

(xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated someone to do so; or

(xiv) wilfully contravened any order or direction of the State Government given under this Act; or

(xv) misbehaved without any lawful justification with the officers or employees of the Municipality; or

(xvi) disposed of any property belonging to the Municipality for a price less than its market value; or

(xvii) encroached, or assisted or-instigated any other person to encroach upon the land, building or any other immovable property of the Municipality.]

[In sub-section (2-A) the proviso shall be omitted.]

[49. President to be member. - The President of a municipality shall be ex officio member of the municipality.]

50. Functions of a [Municipality] that must be discharged by the President. - The following powers, duties and functions of a [Municipality] may be exercised, and shall be performed or discharged, by the [President] of the [Municipality] and [, subject to the provisions of Sections 53 and 53-A] not otherwise, namely, -

(a) the powers vested in the [President] by Sections 70, [74 and the provisos to Sections] 75 and 76 to appoint, punish or dismiss servants of the [Municipality];

(b) the determination, in accordance with any regulation in this behalf, of questions arising in respect of the service, [transfer], leave, pay, privileges and allowances of servants of the [Municipality];

[(bb) general supervision over all officers and works of the] [Municipality];

(c) the submission to the [Prescribed Authority] under Section 32 of statements, accounts, reports, or copies of documents, and under sub-sections (4) and (5) of Section 94 and sub-section (1) of Section 108 of copies of resolution, passed by the [Municipality] or by a committee of the [Municipality];

(d) such of the powers, duties and functions referred to in the third column of Schedule 1 as are delegated by the [Municipality] under Section 112 to the [President]; and

(e) all other duties, powers and functions of a [Municipality] with the exception of, -

(i) where there is an executive officer, those vested in an executive officer by Section 60 [and where there is a medical officer of health, those vested in the medical officer of health by Section 60-A].

(ii) those specified in the second column of Schedule 1; and

(iii) those delegated by the [Municipality] under Section 112.

51. Additional duties of the President. - It shall also be the duty [and power] of the President -

[(a) unless provided otherwise by this Act or prevented by reasonable cause -]

(i) to convene and preside at all meetings of the [Municipality];

(ii) [* * *]

(iii) otherwise to control in accordance with any regulation made in this behalf the transaction of business at all meetings of the [Municipality];

(b) to watch over the financial and superintend the executive administration of the [Municipality] and bring to the notice of the [Municipality] any defect therein; and

(c) to perform such other duties as are required of, or imposed on him by or under this [or any other] Act.

[51A. Authority to President to address State Government on question of general public interest. - A President may address the State Government or any Department of the State Government on any question of general public interest in the manner prescribed.]

52. Power of [Municipality] to require reports, etc. from President - (1) The [Municipality] may require the [President] to furnish it with, -

(a) any return, statement, estimate, statistics or other information regarding any matter appertaining to the administration of the municipality;

(b) a report or explanation on any such matter; and

(c) a copy of any record, correspondence or plan or other document which is in his possession or control as [President] or which is recorded or filed in his office or in the office of any municipal servant.

(2) The [President] shall comply with every requisition made under sub-section (1) without unreasonable delay.

(3) Nothing in this section or in any other provision of this Act shall be deemed to prevent the [Municipality] from making regulations authorizing the asking of questions by members at its meetings, subject to such conditions and restrictions as may be prescribed in the regulations.

53. [* * *]

53A. Delegation by President of powers under clause (a) of Section 50. - (1) A President may empower by general or special order any servant of the [Municipality] to exercise under his control any one or more of the powers specified in clause (a) of Section 50.

(2) An order of the [President] under sub-section (1) may prescribe any condition, and impose any restriction in respect of the exercise of any power.

(3) Any order passed by a servant of the [Municipality] in the exercise of a power conferred on him under sub-section (1) shall be liable to rescission or revision by the [President].

54. [* * *]

[Uttarakhand] Amendment

Sub-section (2) shall be substituted as under :

[(2) The term of office of a Vice-Chairman shall be two years and six months from the date of his election or the residue of his term as a member, whichever is less.

(3) The provisions of aforesaid sub-section (2) shall also apply to the Vice-Chairman, who is declared elected in the last election.]

[54A. Temporary arrangement in certain cases. - Where a person on being elected President fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of Section 44-A, the powers and functions of the President shall, until a President is able to function be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such Officer shall be called the Administrator, and all powers, functions and duties of the President shall be vested in and be exercised, performed and discharged by him.]

55. [* * *]

[56. Notification of elections, nominations and vacancies. - Every election and nomination of a member or President of a] [Municipality], the due constitution of the[Municipality], and every vacancy in the office of members or [President] shall be notified in the Official Gazette.

The executive officer and medical officer of health

[57. Power of] [Municipality] to appoint and employ Executive Officer and Medical Officer of Health. - [(1) Every] [Municipality] shall, unless the State Government either on its own motion or on representation made by the [Municipality], otherwise directs, appoint an Executive Officer by a special resolution.

Provided that in every case in which such [Municipality] has at the time of the passing of the Act a Secretary but no Executive Officer, the Secretary shall be deemed to be the Executive Officer, until or unless he is duly replaced.

(2) Every [Municipality] with an income of Rs. 50,000 per annum or over, shall, unless the State Government otherwise directs, employ a Medical Officer of Health who belongs to the [Uttar Pradesh Provincial Medical and Health Service], and an Accountant who belongs to the State Accounts Service, on such terms and conditions as may be prescribed by the State Government :

[Provided that if the State Government expresses its inability to make available the services of a Medical Officer of Health belonging to the] [Uttar Pradesh Provincial Medical and Health Service], the [Municipality] may appoint a temporary Medical Officer of Health by a special resolution.

(2A) Every [Municipality] shall, if so required by the State Government, employ in addition to or in place of the Accountant, an Accounts Officer nominated by the State Government either severally or jointly with one or more than one [Municipality] or any other local authority on the terms and conditions as may be prescribed by the State Government, from time to time.

[(3) Every appointment of an Executive Officer under sub-section (1) and of a Medical Officer of Health under the provisio to sub-section (2) made by a] [Municipality] shall be subject to the prior approval of the State Government and their salaries and conditions of service shall be such as may be prescribed.

[58. Punishment, dismissal or removal of executive officer and transfer of Medical Officer of Health. - (1) A] [Municipality] may dismiss, remove or otherwise punish its Executive Officer by a special resolution supported by not less than two thirds of the members constituting the [Municipality] subject to his right of appeal to the State Government, within such time and in such manner as may be prescribed :

Provided that the [Municipality] shall, in dismissing, removing or otherwise, punishing the Executive Officer, follow the procedure that may be prescribed in this behalf.

(2) [* * *]

(3) If a [Municipality] by special resolution recommend the transfer of its Medical Officer of Health [other than one appointed under the proviso to sub-section (2) of Section 57] or its Accountant, the State Government shall transfer the Medical Officer of Health or the Accountant as the case may be from the [Municipality's] employment provided the [Municipality] gives sufficient reasons therefor.

59. Appointment of officiating Executive Officer. - [(1) During the absence on leave, or other temporary vacancy in the office of an Executive Officer, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as Executive Officer; and if the period exceeds two months an appointment shall be made by the] [Municipality] in accordance with the provisions of Section 57 :

Provided that when the period of vacancy which initially did not exceed two months, is subsequently extended due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.

(2) Every person so appointed may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactments on the person for whom he is appointed to act.

[(3) The salaries and conditions of service appertaining to such appointments shall be such as may be prescribed, and the provisions of Section 58, with such modifications as may be prescribed, shall apply to persons so appointed.]

60. Functions of a [Municipality] that must be discharged by the Executive Officer. - (1) In any municipality where there is an Executive Officer appointed under Sections 57, 59 or 65 the following powers of the [Municipality] shall be exercised by such officer, and subject to the provisions of Section 62 not otherwise, namely, -

(a) the power to grant and issue under his signature, or to refuse, any licence which can be granted by a [Municipality], other than a licence for market, slaughter house or hackney carriage;

(b) the power to suspend or withdraw any such licence;

(c) the power to receive, recover, and credit to the municipal fund any sum due or tendered to the [Municipality];

(d) the powers conferred by the section or sub-sections specified in the first column of Schedule II [or where such sections or subsections are followed by the words 'in part' by such parts thereof as are indicated by the description in Column 2 of the said Schedule] and the power to do all things necessary for the exercise of these powers;

(e) in respect of servants of the [Municipality], the powers vested in the Executive Officer by Sections 75 and 76, and the power to grant leave of absence to the holder of any post to which he has power to appoint;

(f) any other power that has been delegated by the [Municipality] to the Executive Officer.

[(2)] [* * *] [A11] servants of the [Municipality] shall be subordinate to Executive Officer.

[60A. Function to be discharged by Medical Officer of Health. - Notwithstanding anything contained in Section 60, the State Government may, by notification in the Official Gazette direct that in any municipality, the Medical Officer of Heath] [subject to the general control] of the Executive Officer shall exercise the following powers; provided that in case of disagreement between these officers the question shall be referred to the President, whose decision shall be final, -

(a) the power to grant and issue under his signature every permit or licence, other than a permit or licence for a market or slaughter-house, which can be granted by a [Municipality] in respect of bye-laws framed under Parts B, D, F, G and I of List I and Part I of List II of Section 298;

(b) the power to suspend or withdraw any such permit or licence;

(c) the powers conferred on the Executive Officer under Section 60 (1 )(d) in respect of Sections 191 (1) and (2), 192 (1), 196 (c) and (d), 201 (1), 202 (1), 225 (1) and (2), 227, 244 (1) and (2), 245 (1), 249, 250 (2), 267, 268, 269, 270, 271, 273 (l)(a), 276, 277, 278, 280, 283, 294 and also in respect of 307 so far as the notice referred to therein relates to the other sections specified in this clause;

(d) in respect of servants of the [Municipalities] employed for conservancy, public health, vaccination, and the registration or births and deaths the powers vested in the Executive Officer by Sections 75 (a) and 76 (a) and the power to grant leave of absence to the holder of any post to which he has power to appoint.

[60B. Delegation of powers to principal officers of the Electrical, Public Works] [* * *] and Water Works Department. - The State Government may, by notification in the Official Gazette, direct that in any municipality the principal officers of the Electrical, Public Works, [* * *] and Water Works Departments [and of Municipal Museum] shall exercise, with reference to their departments [or Museum], powers under clause (e) of sub-section (1) of Section 60, and anything done in exercise of the powers conferred under the provisions of this section shall be deemed to be thing done and power exercised by the Executive Officer.

61. Right to appeal from orders of Executive Officer. - (1) No appeal shall lie to the [Municipality] from order passed by an Executive Officer [or Medical Officer of Health] in the exercise of the powers conferred upon him by Section 60 [or Section 60-A] unless, -

(a) the order is an order against which an entry is shown in the third column of Schedule II, such entry not being avoided by regulation made under clause (e) of sub-section (1) of Section 297 and in force; or

(b) the order is an order passed in respect of a licence and provision is made for appeal therefrom by any bye-law.

(2) Where an appeal lies it shall be filed within ten days of the communication of the order or of date on which the order is, under the provisions of this Act, deemed to have been communicated.

(3) When an appeal is filed within such period, the order shall remain suspended until the appeal is decided.

62. Delegation of powers by Executive Officer or Medical Officer of Health. - [(1) With the sanction of the President an Executive Officer, or a Medical Officer of Health may empower, by general or special order, any servant of] [Municipality] to exercise, under his control, any power, other than a power delegated to him under clause if) of sub-section (1) of Section 60 conferred on him by or under this Act.

(2) An order by the Executive Officer [Medical Officer of Health] under sub-section (1) may prescribe any condition and impose any restriction in respect of the exercise of any power.

(3) Any order passed by a servant of the [Municipality] in the exercise of a power conferred on him under sub-section (1) shall be liable to rescission or revision by the Executive Officer [or Medical Officer of Health] [as the case may be].

63. Power of President or [Municipality] or committee to require report etc., from Executive Officer or Medical Officer of Health. - (1) [President or the], [Municipality], or any committee of the [Municipality], may require from the Executive Officer [or Medical Officer of Health], -

(a) any return, statement, estimate, statistics or other information regarding any matter appertaining to [that branch of the administration of the municipality with which he is concerned];

(b) a report or explanation on any such matter; and

(c) a copy of any record, correspondence or plan or other document which is in his possession or under his control as Executive Officer [or Medical Officer of Health] or which is recorded or filed in his office or in the office of any servant subordinate to him.

(2) The Executive officer [or Medical Officer of Health] shall comply with every requisition made under sub-section (1) without unreasonable delay.

64. Right of Executive Officer or Medical Officer of Health to take part in discussions. - The Executive Officer, [Accounts Officer] [or Medical Officer of Health] may, within the permission of the [President], or in virtue of a resolution passed in this behalf at a meeting of the [Municipality] or of a committee, make an explanation in regard to a subject under discussion, but shall not vote upon or make a proposition at such meeting.

[65. Power of State Government to appoint Executive Officer. - If a] [Municipality] being bound to make an appointment under the provisions of Section 57 or Section 59, fails to make an appointment [* * *] within such time as the State Government considers reasonable, the State Government may itself make the appointment and may fix the salary, contributions to provident fund or pension and other conditions appertaining to such appointment :

Provided that if the State Government has made an appointment in exercise of the powers conferred by this section, the [Municipality] shall not be bound to pay a sum exceeding a monthly average of Rs. 1,000 in the case of municipalities with an income of three lakhs or over or of Rs. 500 in the case of other municipalities on account of the salary, leave, allowances and contributions of the person so appointed.

Other servants

66. Appointment of Secretaries. - (1) Every [* * *] municipality where there is no Executive Officer shall, by special resolution appoint one or more Secretaries.

[(2) Each such appointment shall be subject to prior approval of the Prescribed Authority and the salaries and other conditions of service of the person so appointed shall be such as may be prescribed.]

[66A. Appointment of Officiating Secretary. - (1) During the absence on leave, or other temporary vacancy in the office of a Secretary appointed under Section 66, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as-Secretary, and if the period exceeds two months an appointment shall be made by the] [Municipality] in accordance with the provisions of Section 66.

(2) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances the appointment made by the President may continue subject to the approval of the State Government.

(3) Every person so appointed may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactment on the person for whom he is appointed to act.

(4) The salary and other conditions of service of a person appointed under sub-section (1) shall be such as may be prescribed.

[67. Punishment and dismissal of Secretaries. - A] [Municipality] may dismiss, remove or otherwise punish any Secretary appointed under Section 66 or Section 66-A, by special resolution supported by not less than two thirds of the members constituting the [Municipality], subject to his right of appeal to such authority, within such time and in such manner, as may be prescribed :

Provided that the [Municipality] shall in dismissing, removing or otherwise punishing the Secretary, follow the procedure that may be prescribed in this behalf.

[68. Appointment of Special Officers of technical department. - (1) A] [Municipality] may, and if so required by the State Government, shall by special resolution, appoint the principal officers of its technical departments such as Civil Engineer, Assistant Civil Engineer, Electrical Engineer, Assistant Electrical Engineer, Water Works Engineer, Assistant Water Works Engineer, Electrical and Water Words Engineer, Assistant Electrical and Water Works Engineer or Overseer and also Secretary where there is already an Executive Officer and Superintendent or Lady-Superintendent of Education.

(2) During the absence on leave, or other temporary vacancy in the office of any of the officers mentioned in sub-section (1), if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act in such office; if the period exceeds two months an appointment shall be made by the [Municipality] in accordance with the provisions of sub-section (1).

(3) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.

(4) Every person appointed under sub-section (2) may exercise the powers and. shall perform the duties conferred or imposed by or under this or any other enactment on the person for which he is appointed to act.

(5) Each appointment made under sub-section (1) or the second part of sub-section (2) shall be subject to the prior approval of the State Government.

(6) The salary and other conditions of service of a person appointed under this section shall be such as may be prescribed.

68A. Compliance by [Municipality] of requisition by State Government for servants in times of emergency. - On the occurrence of war, famine, scarcity, epidemic disease of men, or beasts, flood, or any similar emergency, and to provide for fairs, melas or other occasion, involving large gathering of people, the [Municipality] shall immediately comply with any requisition made by the State Government or by an officer of the Government authorised by general or special order to make the requisition, for the services of any of the [Municipality's] officers or officials holding posts in its medical, public health, sanitary, vaccination, veterinary, [electrical, water-works] or Public Works Departments for the services of any vaidya or hakim employed by the [Municipality], and shall meet such proportion of the charge connected with the requisitioning as the State Government may decide to be a proper charge on the [Municipality].

[68B. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force and without prejudice to the generality of the powers conferred by this Act or the rules made thereunder the Executive Officer of concerned Municipality, may at any time by general or special order direct any regular, ad hoc or contractual employee of the Municipality, who goes or remains on or otherwise takes part in any strike which has been prohibited by an order under sub-section (1) of Section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to resume duty by the day or hour and in the manner specified in the order.

(2) Notwithstanding anything to the contrary contained in any other provisions of this Act or the rules made thereunder, -

(a) the employment or contract of a regular, ad hoc or contractual employee of the Municipality shall become void with effect from the day or hour specified in the order referred to in sub-section (1) if the employee fails to resume duty in response to the said order;

(b) where the employment or contract of a regular, ad hoc or contractual employee becomes void under clause (a), the services of such employee shall stand terminated and such employee shall not be entitled to any notice before the termination of his services and no disciplinary enquiry shall be required before such action.

(3) In particular and without prejudice to the generality of the foregoing provisions of this section, the Municipality shall not be liable for payment of salary of any such employee beyond the day or hour specified in the order referred to in sub-section (1).

68C. The Executive Officer of concerned Municipality shall, notwithstanding anything to the contrary contained in any other provisions of this Act or the rules or regulations made thereunder be competent to appoint on temporary basis any person possessing the requisite qualifications for discharging the duties of the post of the employee referred to in Section 68-B.]

69. Punishment and dismissal of officers appointed under Section 68. - [(1) A] [Municipality] may, by special resolution, dismiss, remove or otherwise punish any officer appointed under Section 68 or the proviso to subsection (2) of Section 57, subject to the conditions provided in Section 58 in respect of the dismissal, removal or other punishment of an Executive Officer.

(2) [* * *]

[69A. Framing charges against or suspension of officers by President. - (1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the] [Municipality] appointed under Section 68 [or the proviso to sub-section (2) of Section 57] is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of misconduct, he may frame charges against him and where he is satisfied that it is so necessary, he may, for reasons to be recorded, suspend him pending the completion of the enquiry [and the passing of the final order by the Prescribed Authority or the Substituted by U.P. Act No. 12 of 1994.[Municipality], as the case may be, under sub-section (4).

[(2) Whenever the President takes action under sub-section (1), he shall within a week inform the Prescribed Authority and also forward to it a copy of the charges, and in case an order of suspension has been passed, the President shall also forward to the Prescribed Authority the material forming the basis of the charges.]

[(2A) The order of the suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority.]

(3) The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules.

[(4) After the enquiry is completed, the President shall submit the record with his recommendations-to the Prescribed Authority or to the] [Municipality], as he may consider fit. The Prescribed Authority or the [Municipality], as the case may be, shall thereupon, notwithstanding anything contained in sub-section (1) of Section 58 or Section 67 or Section 69, proceed to consider the report and may, after such further enquiry as it may deem necessary, dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other officer, as the case may be :

Provided that the [Municipality] shall act under this sub-section through a special resolution supported by not less than two thirds of the members constituting the [Municipality].

(5) An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the Prescribed Authority or the [Municipality], shall lie to the State Government within such time and in such manner as may be prescribed.

[69B. Centralisation of services of Municipal Officers and servants. -] [(1) Notwithstanding anything contained in Sections 57, 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80, the State Government may at any time, by rules provided for the creation of one or more services of such officers and servants as the State Government may deem fit, common to all or some] [Nagar Panchayats or Municipal Councils or to the Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the State] and prescribe the methods of recruitment and conditions of service of persons appointed to any such service.

(2) When any such service is created, officers and servants serving on the posts included in the service may, if found suitable, be absorbed in the service, provisionally or finally and the services of others shall stand determined, in the prescribed manner :

[Provided that such absorption in the service shall not operate as a bar against holding or continuing to hold any disciplinary proceedings against a member of the service in respect of act committed before the date of such absorption.]

(3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-sections.

[(4) Notwithstanding anything contained in the preceding sub-sections (1), (2) and (3) or any other provision of the Act, the State Government may by rules also provide for regularisation of temporary and ad hoc appointments made before the prescribed date, without consultation with the State Public Service Commission.]

[Explanation. - For the purposes of this sub-section it is clarified that services common to the Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the districts of Garhwal and Kumaon Divisions of the State may be created.]

70. Temporary servants required for emergency. - The power to appoint and fix the salaries of temporary servants in cases of emergency shall vest in the [President] subject to the following conditions, namely, -

[(a) the President, in exercise of such powers, shall not act in contravention of -

(i) any general or special directions as the State Government may, from time to issue;]

(ii) an order of the [Municipality] prohibiting the employment of temporary servants for any particular work; and

(b) each appointment under this section by the [President] shall be reported at the next meeting of the [Municipality] following the appointment.

[71. Power of] [Municipality] to determine permanent staff. - Except as provided by Sections 57, 66, 58 and 70, [and subject to any general or special directions as the State Government may, from time to time, issue] a [Municipality] may, by [special], resolution, determine what servants are required for the discharge of the duties of the [Municipality] and [their qualifications and conditions of service.]

72. Combination of offices. - Subject to the provisions of this Act or of any rule a [Municipality], [President or Executive Officer, as the case may be,] may appointed one person to discharge the duties of any two or more officers.

73. Appointment, etc., of servants on the educational establishment. - [(1) Subject to the provisions of sub-section (2), the appointment of persons on the educational establishment of a] [Municipality] shall be made by [such] authority as may be specified in this behalf by the State Government, and different authorities may be specified for different classes of posts on the establishment.

(2) The State Government may make rules regulating the recruitment, punishment, [* * *] appeal and other conditions of service of persons appointed to the educational establishment of a [Municipality];

[Provided that the appointment of a teacher or Head of an institution shall be governed by the provisions of the Uttar Pradesh State Universities Act, 1973, or the Intermediate Education Act, 1921, as the case may be.]

[74. Appointment and dismissal of permanent superior staff. - Subject to the provisions of Sections 57 to 73, servants on posts in the non-centralised service, carrying scale of pay equal to or higher than the lowest scale of pay admissible to the clerical staff, shall be appointed and may be dismissed, removed or otherwise punished, or the services of a probationer may be terminated, by the President, subject to the right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed :

Provided that appointments on the posts of Tax Superintendent, Assistant Tax Superintendents, Inspectors, Head Clerks, Sectional Head Clerks, Sectional Accountants, Doctors, Vaids, Hakims and Municipal Fire Station Officers, shall be subject to the approval of the] [Municipality].

[75. Appointment of permanent inferior staff. - Except as otherwise provided, the Executive Officer shall appoint servants carrying scales of pay lower than the lowest scale of pay referred to in Section 74 :

Provided that in the case there is no Executive Officer, the said appointment shall be made by the President.]

[76. Punishment and dismissal of permanent inferior staff. - Except as otherwise provided, the Executive Officer, and where there is no Executive Officer, the President may dismiss, remove or otherwise punish servants of the] [Municipality], or terminate the services of probationers, [referred to in Section 75], subject to their right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed.

77. Limitation of powers conferred by Sections 71 to 76. - (1) The provisions of Sections 71, 73, 74, 75 and 76, shall be subject to the provisions of, -

(a) Section 78, and

(b) any rule, in particular of any rule imposing any conditions on the appointment of persons to offices, or any particular office, requiring professional skill, and on the suspension or dismissal [removal or other punishment or discharge or termination of service] of persons so appointed.

(2) The provisions of Sections 74, 75 and 76 shall also be subject to the provisions of any regulation raising any maximum or minimum monthly salary prescribed in those sections with reference to the respect powers of the [Municipality], the [President] and the Executive Officer over the staff.

[77A. Powers of Appellate Authority in disciplinary matters. - The Appellate Authority to which an appeal against an order of dismissal, removal or other punishment is preferred under this Act or the rules may, -

(a) set aside, reduce or confirm the penalty; or

(b) remit the case to the authority which imposed the penalty with such directions as it may deem fit.]

[77B. Power of suspension. - (1) The authority competent to punish an officer or servant of the] [Municipality] may place him under suspension, -

(a) where a disciplinary proceeding against him is contemplated or pending; or

(b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial.

(2) Where a penalty of dismissal or removal imposed upon an officer or servant of [Municipality] is set aside in appeal under this Act or the rules and the case is remitted for further inquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order of dismissal or removal.

(3) Where a penalty of dismissal or removal imposed upon an officer or servant of the [Municipality] is set aside or declared or rendered void in consequence of or by a decision of a Court of law, and the punishing authority, on a consideration of the circumstances of the case decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal.

(4) An order of suspension made or deemed to have been made under this section may at any time to be revoked by the authority which made or is deemed to have made the order of by the Appellate Authority.

(5) [Municipality] the act under this section, by a special resolution supported by not less than two-thirds of the members constituting the [Municipality].

(6) An officer or servant who is placed or is deemed to have been placed under suspension shall, during the period of such suspension, be entitled to receive, instead of salary, such subsistence allowance as may be prescribed.

Special provisions as to certain servants

78. Pension and dismissal in case of servants of the Government employed by [Municipality] or vice versa. - (1) A [Municipality] shall contribute to the pension and leave allowances of any servant, -

(a) whose services are lent or transferred by Government to the [Municipality]; or

(b) whose services are lent or transferred by the [Municipality] to Government; or

(c) who is employed partly by Government and partly by the [Municipality].

(2) Such contribution shall be to the extent prescribed by any general rules or special orders made by [the Government concerned].

(3) A [Municipality] shall not, without the assent of Government, dispense with the services of any servant described in clause (a) or (c) of sub-section (1), or finally dismiss from its service any servant described in clause (b) of subsection (1), unless it has given Government at least six month's notice.

(4) In this section "Government" shall mean the [Central Government] or any [State Government].

79. Leave allowances, provident fund, annuities and gratuities. - (1) In every case where a [Municipality], is entitled to pay a salary to any officer or servant, it shall subject to any regulations in this behalf, be entitled to pay leave allowances to such officer or servant.

(2) A [Municipality] may establish and maintain a provident fund and may itself contribute thereto.

(3) A [Municipality] may grant a gratuity, upon his retirement, to any servant of the [Municipality] who is excluded from participation in the benefits of the provident fund.

(4) The [Municipality] may, with the previous sanction of the State Government, grant or arrange for the purchase of an annuity to, -

(a) any servant who, at the date of his retirement, has not been contributing to a provident fund established under sub-section (2) or has contributed thereto of a period of less than 10 years; and

(b) any officer or servant injured, otherwise than by reason of his own default, in the execution of his duty, or where such injury results in death, the family of such officer or servant.

(5) A [Municipality] may, with the like sanction, instead of taking action under clause (b) of sub-section (4), grant a compassionate allowance to an officer or servant referred to therein, or to the family of such officer or servant.

80. Limitations of powers conferred by the previous section. - The provisions of Section 79 shall be subject to the condition that the [Municipality] shall not, without the special sanction of the [State Government], grant to any officer or servant or to his family a pension, annuity or gratuity greater in amount than that to which he or it would have been entitled, under any general or special orders of the Central Government or [State Government], if the service qualifying for the pension, annuity or gratuity had been service under that Government for the same time, on the same pay, and in other respects of the same character.

Liability of members, officers and servants

[81. Surcharge. - (1) The President, the] [* * *], and every member, officer and servant of the [Municipality] shall be liable to surcharge for the loss, waste and misapplication of any money or property of the [Municipality], its such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such [* * *], member, officer or servant :

Provided that such liability shall cease to exist after the expiry of ten years from the occurrence of such loss, waste or misapplication or after the expiry of five years from the date on which such President, [* * *], member, officer or servant ceases to hold his office, whichever is later.

(2) The amount of surcharge so imposed shall be recoverable as if it were an arrear of land revenue and the Collector on being satisfied that the sum is due shall proceed to recover it as such an arrear.

(3) The procedure of surcharge and the manner of the recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed.

(4) Where no surcharge proceedings are taken the [Municipality], with the previous sanction of, or on being directed by, the Prescribed Authority, may institute a suit for compensation against such person.

82. Penalty on member or President acquiring interest in contract, etc. - A member [or President] of a [Municipality] who, otherwise than with the permission in writing of the Prescribed Authority knowingly acquires, or continues to have directly or indirectly, by himself or his partner, any [share or interest, whether pecuniary or of any other nature] in any contract or employment, with, by, or in behalf of the [Municipality], shall be deemed to have committed an offence under Section 168 of the Indian Penal Code :

Provided that a person shall not be deemed for the purposes of sub-section (1) to acquire, or continue to have, any [share or interest, whether pecuniary or of any other nature] in a contract or employment by reason only of his, -

(a) having a [share or interest, whether pecuniary or of any other nature] in any lease, sale or purchase of land or buildings, or in any agreement for the same, provided that such [share or interest, whether pecuniary or of any other nature] was acquired before he became a member, or

(b) having a share in a joint stock company which shall contract . with, or be employed by, or on behalf of, [Municipality], or

(c) having a [share or interest, whether pecuniary or of any other nature] in a newspaper in which an advertisement relating to the affairs of the [Municipality] is inserted, or

(d) holding a debenture or otherwise being interested in a loan raised by, or on behalf of, the [Municipality], or

(e) being retained by the [Municipality] as a legal practitioner, or

(f) having a [share or interest, whether pecuniary or of any other nature] in the occasional sale of an article in which he regularly trades to [Municipality] to a value not exceeding, in any one year, such amount as the [Municipality], with the sanction of the [State Government] fixes in this behalf, or

(g) being a party to an agreement made with the [Municipality] under the provisions of Section 196 (c) or of Section 229.

83. Provision against servants being interested in contract, etc. - (1) A person who has directly or indirectly, by himself or his partner, a [share or interest, whether pecuniary or of any other nature] in a contract with, by, or on behalf of a [Municipality] or in any employment with, under, by, or on behalf of, a [Municipality], other than as a municipal servant, shall be disqualified for being a servant of such [Municipality].

(2) A municipal servant who shall acquire or continue to have directly or indirectly, himself or his partner a [share or interest, whether pecuniary or of any other nature] in any such contract or employment as aforesaid shall cease to be a municipal servant, and his office shall become vacant.

(3) A municipal servant who knowingly acquires or continues to have, directly or indirectly, a [share or interest, whether pecuniary or of any other nature] in a contract or, except in so far as concerns his employment as a municipal servant, in any employment with, under, by, or on behalf of, a [Municipality] of which he is a servant, shall be deemed to have committed an offence under Section 168 of the Indian Penal Code (Act No. XLV of 1860).

(4) Nothing in this section shall apply to any such [share or interest, whether pecuniary or of any other nature] in a contract employment with under, by, or on behalf of, the [Municipality] as is referred to in clauses (b), (d) and (g) of sub-section (2) of Section 82 or to any [share or interest, whether pecuniary or of any other nature] acquitted or retained, with the permission of the [Prescribed Authority], in any lease, sale or purchase of land or buildings, or in any agreement for the same.

84. All officers and servants of a [Municipality] to be deemed public servants. - Every officer or servant of [Municipality] shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act No. XLV of 1860) and in the definition of "legal remuneration" in Section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a [Municipality].

85. Penalty on specified municipal servants for failure to discharge their duties. - (1) A sweeper employed by the [Municipality], who, -

(a) except in accordance with the terms of written contract of service, or with the permission of the [Municipality], resigns or abandons his employment, or

(b) without a reasonable cause of which notice has, when possible, been given to the [Municipality], absents himself from his duties,

shall be liable upon conviction to imprisonment which may extend to two months.

(2) The [Prescribed Authority] may direct that on and from a specified future date the provisions of sub-section (1) shall apply also to any other specified class of servants employed by a [Municipality] whose functions intimately concern the public health or safety :

Provided that when a [Prescribed Authority] makes an order under this sub-section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the State Government which may thereupon rescind the order or direct that it continue in force, with or without modification, permanently or for such period, as it thinks fit.

Chapter III

Conduct Of Business

Municipal meetings and proceedings

86. Meetings of a [Municipality]. - (1) There shall be at least one meeting of the [Municipality] in every month to be held on a day fixed by regulation or of which notice has been given in a manner provided by regulation in this behalf :

[(2) The President may convene a meeting whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of the] [Municipality] and served on the President or sent by registered post acknowledgement due addressed to the [Municipality] at their office, convene a meeting within a period of [fifteen days] from the date of the service or receipt of such requisition.

[Provided that the President may, for reasons to be recorded, postpone a meeting, other than a meeting convened on the requisition of members as above, by giving such notice as may be provided by regulation in this behalf.]

(3) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in the like manner.

(4) Every meeting shall be held at the municipal office (if any) or other convenient place of which notice has been duly given.

[(5) The President shall report to the District Magistrate the name of any member who has, without obtaining sanction from the] [Municipality], absented himself from the meetings of the [Municipality] for more than three consecutive months or three consecutive meetings, whichever is the longer period.

87. Transaction of business at meetings. - Subject to any provision to the contrary made by regulation in this behalf, any business may be transacted at any meeting :

Provided that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been given :

Provided also that nothing in this section shall apply to the motion that the [Municipality] shall adopt a resolution expressing non-confidence in the President or to a motion that the [Municipality] shall adopt a resolution calling upon the President to resign.

87A. [* * *]

[Uttarakhand] Amendment

[Section 87-A of the principal Act shall be omitted.]

88. Quorum. - (1) It shall be necessary for the transaction of any business other than business which is required to be transacted by a special resolution that not less than one-third of the total members of the [Municipality] for the time being shall be present.

(2) It shall be necessary for the transaction of business which is required to be transacted by special resolution that not less than one-half of such members shall be present :

Provided that, when it is necessary to postpone any business at a meeting for want of the prescribed quorum, the [President] after the transaction of such business can be transacted, shall adjourn the meeting to another date, and the business postponed for want of the prescribed quorum shall be transacted on such date, or in the event of a further adjournment of the meeting to a subsequent date, on such subsequent date, notwithstanding any deficiency in the number of members present.

89. President of meeting. - If at a meeting [President is not present], the members present shall elect one of their members to be the [President] of the meeting, and such [President] shall perform all the duties, and may exercise all the powers of the [President] of a [Municipality] when presiding at a meeting.

90. Publicity of meeting. - Every meeting shall be open to the public unless the [President] thereof considers that the public should be excluded during the whole or any part of the meeting.

91. Power of President of meeting to maintain order. - Where at a meeting of the [Municipality], any member or other person refuses to comply with any direction of the [President] ruling any business, discussion or matter out of order, or otherwise regulating the conduct or members or of business or where any member or person willfully disturbs the meeting, the [President] may require that member or person to withdraw from the meeting and, in the even of this omitting to do so, may employ against him such force as is necessary or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.

92. Decision by vote. - (1) All questions which may come before a meeting of a [Municipality] shall be decided by a majority of the votes of the members present and voting :

[Provided that where the President] [* * *] is of opinion that the decision of any question (including the budget estimates and proposals of taxation) by the [Municipality] by a majority of votes of the members present and voting is against the interest of the [Municipality], he may refer the same with his comments to the Director, who may, with the previous approval of the State Government, take such decision thereon (which may be in supersession or partial modification of the decision of the [Municipality] as he thinks fit, and his decision shall have effect as if it were a decision of the [Municipality] :

Provided further that the Director may, pending his final decision, give such interim decisions as he thinks fit and such direction, shall have effect as if they were decisions of the [Municipality].

(2) In case of an equality of votes, the [President] of the meeting shall have a second or casting vote.

(3) The foregoing provisions of this section shall be subject to the provisions of sub-section (6) of Section 94 and of any other provision of, or under this or any other enactment requiring a resolution to be supported by any proportion or number of the members.

93. Right of certain officers to attend and speak at meetings. - The [Chief Engineer, Uttar Pradesh Jal Nigam, the Director of Medical Health and Family Welfare, Uttar Pradesh or the Assistant Director, Medical Health and Family Welfare, Uttar Pradesh, the Medical Officer] of the district, the Executive Engineer, the Inspector of Schools, and any other officer specially authorized by the State Government in this behalf shall be entitled to attend a meeting of the [Municipality] and to address the [Municipality] on any matter affecting their respective departments.

94. The minute book and resolutions. - (1) The names of the members present, and the proceedings held and resolutions passed, at a meeting of a [Municipality] shall be entered in a book to be called the minute book.

[(1A) The Executive Officer or where there is no Executive Officer, the Secretary of the] [Municipality] shall maintain a register of attendance of members and every member shall sign it before taking his seat at any meeting of the [Municipality].

[(2) The minutes shall be read out at the meeting or the next ensuing meeting and, unless objected to by a majority of such of the members, if any, present at the reading as were also present at the proceedings recorded in such minutes, shall be certified as passed by the signature of the President of the meeting at which they are read.]

[(3) Every resolution passed by a] [Municipality] at a meeting, shall, as soon thereafter as may be, [be published in Hindi in any paper approved by the State Government for purpose 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 municipality concerned is situate and where there is no such paper, be posted upon the notice boards of the municipal office and Collectorate Office for three consecutive days].

(4) Copies of every resolution passed by a [Municipality] at a meeting shall, within ten days from the date of the meeting, be forwarded to the [Prescribed Authority] and the District Magistrate.

(5) When, subsequent to action being taken in respect of any resolution under sub-section (3) or (4), but before the minutes recording the resolution are singed as required by sub-section (2), any alteration is made in the wording of such minutes, the alteration shall be notified by publication or communicated to the [Prescribed Authority] and the District Magistrate, as the case may be.

(6) A resolution of a [Municipality] shall not be modified or cancelled within six months after the passing thereof, -

(a) unless previous notice has been given setting forth fully the resolution which it is proposed to modify or cancel and the motion or proposition for the modification or cancellation of such resolution; and

(b) except by a resolution supported by not less than, one half of the total number of members of the [Municipality] for the time being.

Conduct of correspondence, accounts, budgets, etc.

95. Conduct of correspondence, accounts, budgets, etc. - The following matters shall be regulated and governed by rules made by the State Government, namely, -

(a) the intermediate office or offices, if any, through which correspondence between [Municipalities] and the State Government or officers of the State Government and representations by the [Municipality] addressed to the State Government shall pass;

(b) the preparations of plans and estimates for works which are to be partly or wholly constructed at the expense of the [Municipality];

(c) the authority by whom and the conditions subject to which such plans and estimates may be sanctioned;

(d) the agency by which such plans and estimates shall be prepared and by which works shall be carried out;

(e) the accounts to be kept by [Municipalities], the manner in which accounts shall be audited and published and the power of auditors in respect of disallowance and surcharge;

(f) the date before which a meeting shall be held for the sanction of the budget;

(g) the method and forms to be adopted in the preparation of budget;

(h) the conditions subject to which a [Municipality] in respect of which an order has been issued under Section 102 be entitled to vary or alter its budgets; [* * *]

(i) the return, statements and reports to be submitted by [Municipalities]; [and]

(j) regular periodical inspection of office and works of the [Municipality].

Contracts

96. Sanctioning of contracts. - (1) The sanction of the [Municipality] by resolution is required in the case of every contract, -

(a) for which budget provision does not exist; or

[(b) involving a value or amount, exceeding] [Fifty thousand rupees] in the case of contract by the Municipal Council and [Fifteen thousand rupees] in the case of a contract by the Nagar Panchayat :

[Provided that during the period intervening two meetings of the Municipal Council, the President may sanction contracts involving a value or amount not exceeding] [One lakh rupees].

(2) Any contract, other than a contract of either description specified in sub-section (1), may be sanctioned by resolution of the [Municipality], or by a committee of the [Municipality] (not being an advisory committee) empowered in this behalf by regulation, or by any one or more than one officer or servant of the [Municipality] so empowered :

[Provided that the contracts sanctioned by a committee, officer or servant shall be placed before the] [Municipality] for information at the next ensuing meeting.

[Where] the plans and estimates of a project have, in accordance with any rule made in this behalf, been sanctioned by the [Municipality], and the execution of the work has been entrusted by the [Municipality] to an engineer in its service or employment, the [Municipality] may, with the previous sanction of the [Prescribed Authority] empower by resolution such engineer to sanction all contracts or any one or more contracts of any particular description [other than a contract of either description specified in sub-section (1)] required for the execution of the project, and may in like manner impose any condition or restriction on the exercise of the power so conferred.

[Uttarakhand]Amendment

[In Section 96 of the principal Act, in sub-section (1), in clause (b) -

(a) for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted.

(b) for the words "three thousand rupees" the words "fifteen thousand rupees" shall be substituted.

(c) in the proviso for the words "twenty thousand rupees" the words "one lakh rupees" shall be substituted.]

97. Execution of contracts. - (1) Every contract made by or on behalf of a [Municipality] whereof the value or the amount exceeding Rs. 250 shall be in writing :

[Provided that unless the contract has been duly executed in writing, no work including collection of materials in connection with the said contract shall be commenced or undertaken].

(2) Every such contract shall be signed, -

(a) by the President or a [* * *] and by the executive officer or a secretary; or

(b) by any person or persons empowered under sub-section (2) or (3) of the previous section to sanction the contract if further and in like manner empowered in this behalf by the [Municipality].

(3) If a contract to which the foregoing provisions of this section apply is executed otherwise than in conformity therewith it shall not be binding on the [Municipality].

[97A. Special provision regarding certain projects. - Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Central Government or receiving aid from the World Bank or any other foreign organisation, be made or sanctioned in accordance with the scheme approved by the State Government :

Provided that the meeting of the Municipality for sanction of funds for the urban development project shall be convened and decision be taken within one month from the date of approval of the project by the State Government :

Provided further that if the meeting of the municipality is not convened or decision is not taken within the time specified in the first proviso, the municipality shall be deemed to have sanctioned the funds and if the sanction is refused or is accorded with modifications, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the municipality and the municipality shall be deemed to have sanctioned the funds accordingly. The Executive Officer may thereupon execute the project, spend funds and ensure completion of the project within the stipulated time :

Provided also that the municipality shall undertake regular moni-taring of the projects and shall send its report to the State Government.]

[97B. Private sector participation agreement - (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in Sections 7 and 8 :

(a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm, society, trust or any body corporate or any institution, or Government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost.

(b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm, or society or trust, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency.

(2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following :

(a) Build-Own-Operate-Transfer Agreement,

(b) Build-Own-Operate-Maintain Agreement,

(c) Build and Transfer Agreement,

(d) Build-Lease-Transfer Agreement,

(e) Build Transfer Operate Agreement,

(f) Lease and Management Agreement,

(g) Management Agreement,

(h) Rehabilitate-Operate Transfer Agreement,

(i) Rehabilitate-Own-Operate-Maintain Agreement,

(j) Service Contract Agreement, and

(k) Supply-Operate Transfer Agreement.

(3) In the discharge of its obligations for providing urban infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community centre and other civic amenities and facilities and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest, -

(a) discharge any of its obligations on its own, or

(b) enter into any private sector participation agreement.]

98. Registration of instruments. - When the [* * *] Registration Act, 1908, or any rule made thereunder, requires or permits any act to be done with reference to a document by a person executing or claiming under the same, and the document has been executed on behalf of a [Municipality] or is a document under which a [Municipality] claims, the Act may, notwithstanding anything to the contrary contained in the aforesaid enactment, or in any rule thereunder, be done by the President, the Executive Officer or a Secretary of the [Municipality] or by any other officer of the [Municipality] empowered by regulation in this behalf.

The budget

99. The Budget. - (1) Every [Municipality] shall have prepared, and laid before it, at a meeting to be held in every year before such date as is fixed by rule in this behalf, a complete account of the actual and expected receipts and expenditure for the year ending on the thirty-first day March next following such date together with a budget estimate of the income and expenditure of the [Municipality] for the year commencing on the first day of April next following.

(2) Subject to the provisions of Section 102 the [Municipality] shall at such meeting decide upon the appropriations and the ways and means contained in the budget estimate and by special resolution, sanction a budget, which shall be submitted to the State Government or to such officers as the State Government by order directs in this behalf.

(3) Subject to the like provisions of the [Municipality] may vary or alter, from time to time, as circumstances may render desirable, by special resolution, the budget sanctioned under sub-section (2).

100. The revised budget. - As soon as may be after the first day of October a revised budget for the year shall be framed and such revised budget, shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 99.

101. Minimum closing balance shown in budget. - In framing a budget a [Municipality] shall provide for the maintenance of such minimum closing balance (if any) as the State Government may by order prescribe.

102. Budget of indebted [Municipality]. - Where in the opinion of the [State Government] the condition of indebtedness of any [Municipality] is such as to make the control of the State Government over its budget desirable, the [State Government] may, by order declaring that such is the case, direct that the budget of such [Municipality] shall be subject to the sanction of the [State Government] or the [Prescribed Authority] and that the power to vary or alter the budget under sub-section (3) of Section 99 shall be subject to conditions to be prescribed by rule.

103. Prohibition of expenditure in excess of budget. - (1) Where a budget has been passed the [Municipality] shall not incur any expenditure under any of the heads of the budget, other than a head providing for the refund of taxes in excess of the amount passed under that head, without making provision for such excess by the variation or alteration of the budget.

(2) Where any expenditure under any head providing for the refund of taxes is incurred in excess of the amount passed under that head, provisions shall be made without delay for such expenditure by the variation or the alteration of the budget.

Committees and joint committees

104. Appointment of Committees. - (1) A [Municipality] may [and where so required by the] [State Government] shall, -

(a) by regulation establish such committees as it thinks fit [or as the] [State Government] may direct or the purpose of exercising such powers, performing such duties or discharging such functions as may be delegated to a committee under Section 112; and

(b) by single transferable vote elect such of its members as it thinks fit for a period not exceeding one year to any committee so established, in accordance with the method prescribed in the Regulations made by the Chairman of the Legislative Council of Uttar Pradesh in pursuance of Orders 82 and 87 of the Standing Orders, for the conduct of business and procedure to be followed in the Legislative Council and dated 15th March, 1921, the words "the President" and "the Council" and "the Council" occurring in the said Regulations being for purposes of this clause read as "President of the Municipality" and "[Municipality]" respectively; provided that the State Government may, from time to time, as it thinks fit amend the said Regulations for the purposes of this clause; and

(c) by resolution remove any member elected under clause (b).

[(1A) In any committee exclusively for the education of girls established under the preceding sub-section not less than one-half of its members shall be women members of the] [Municipality] together with such other women who, being residents of the municipality but not members of the [Municipality], are, by reason of their interest in the education of girls, appointed under Section 105.

The Chairman of any such committee shall be a person elected from amongst the women members of such committee :

Provided that a [Municipality] may, from time to time, by resolution establish, and appoint the members of one, or more than one, advisory committee for the purpose of enquiring into, and reporting on any matter in respect of which a decision of the [Municipality] is required by or under this Act.

105. Appointment of persons other than members. - (1) Notwithstanding anything contained in this Act, it shall be lawful for a [Municipality] by a resolution supported by not less than one-half of the whole number of members for the time being to appoint as members of a committee any persons of either sex who are not members of the [Municipality], but who in the opinion of the [Municipality], possess special qualifications for serving on such committee :

Provided that the number of persons so appointed on a committee shall not exceed one-third of the total number of the members of committee.

(2) All the provisions of this Act, and of any rules relating to the duties, powers, liabilities, disqualifications and disabilities of members shall, save as regards a disqualification on the grounds of sex, be applicable, so far as may be, to such persons.

106. Vacancies in Committees. - A vacancy occurring in any committee may at any time be filled up by the appointment by the [Municipality], in the manner prescribed by Section 104, or Section 105, of another member or persons.

107. President of a Committee. - (1) The [Municipality] may by resolution appoint a President for any committee.

(2) In default of a President being appointed by the [Municipality], a committee shall appoint its own President from among its members.

108. Procedure of Committees. - (1) The provisions of sub-sections (1) and (2) of Section 92, of Section 93, and of sub-sections (1), (2), (4), (5) and (6) of Section 94 shall apply to the proceedings of committees of [Municipality], as if the words "a committee" were substituted for the words " a [Municipality]" or "the [Municipality]" whenever they occur therein.

(2) Committees may meet and adjourn as they think proper, but the President of the committee may, whenever he thinks fit, and shall, upon the written request of the [President] of the [Municipality] or of not less than two members of the committee, call a meeting of the committee.

(3) Subject to the provision contained in sub-section (4), no business shall be transacted at any meeting unless more than one-fourth of the members of the committee are present thereat.

(4) Where it is necessary to postpone any business at a meeting of a committee for want of the prescribed quorum, the procedure specified in sub-section (3) of Section 88 shall be followed.

109. Subordination of Committees to [Municipality]. - (1) The [Municipality] may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report concerning or connected with any matter with which the committee has been authorized, or directed to deal.

(2) Every committee shall, with all convenient speed, comply with any requisition of the [Municipality] made under sub-section (1).

[(3) The] [Municipality] may, for reasons to be recorded, vary or override any decision of the committee.

110. Joint Committee. - (1) A [Municipality] may, and if so required by the [State Government] shall, combine with one, or more than one, other assenting local authority to appoint by means of a written instrument subscribed by the local authorities concerned, a joint committee for the purpose of transacting any business in which they are jointly interested.

(2) Such instrument shall prescribe the number of members who shall be chosen by each local authority to represent it upon the joint committee, the person who shall be [President] thereof, the powers being powers exercisable by one or more of the concurring local authorities which may be exercised by the joint committee, and the method of conducting the proceedings and correspondence thereof.

(3) Such instrument may, from time to time, be varied or rescinded by a further instrument subscribed by all the local authorities concerned, and in the event of the rescission of any instrument under this sub-section, all proceedings thereunder shall be deemed inoperative with effect from a date to the specified in such further instrument.

(4) Any difference of opinion arising in the course of any proceeding under the foregoing provisions of this section, between two or more local authorities shall be decided by reference to the [State Government] under Section 325.

110A. Formation of State [Municipalities] Union and its functions. - (1) The [Municipalities] in Uttar Pradesh may combine to form an association to be called the State [Municipalities] Union, provided that no such association shall be formed unless more than half the number of [Municipalities] in the State severally pass a resolution signifying their intention to become members.

(2) The functions of the union formed under sub-section (1) of this section shall be to examine problems of common interest to the [Municipalities], advise the [Municipalities] on the improvement of municipal administration and to perform such other function as the [State Government] may, from time to time, prescribe.

(3) The following matters shall be regulated and governed by rules made by the [State Government], viz., -

(a) the constitution and aims and objects of the union;

(b) the amount and the method of contribution of [Municipalities] to the union;

(c) the management and control of finances of the union;

(d) [* * *]

(e) generally such other matter as may be necessary for the purpose of this section.

Exercise and delegation of powers by [Municipality]

111. Powers of which the exercise is reserved to a [Municipality] acting by resolution. - (1) The powers, duties and functions specified in the second column of Schedule 1, with the exception of those against which an entry is shown in the third column of that schedule, may be exercised, and shall be performed or discharged by a [Municipality] or by resolution passed at a meeting of the [Municipality] and not otherwise.

(2) Nothing in sub-section (1) shall be construed to prevent a resolution of a [Municipality] being carried into execution by any agency duly authorized in this behalf by or under the Act or by a servant of the [Municipality] acting within the scope of his employment.

112. Delegation of powers by [Municipality]. - (1) With the exception of a power, duty or function, -

(a) specified in the second column, and against which no entry is shown in the third column of Schedule I;

(b) reserved or assigned to a [President] by clauses (a), (b) and (c) of Section 50 or by Section 51; and

[(c) where there is an Executive Officer or a Medical Officer of Health, reserved to the Executive Officer by Section 60 or to the Medical Officer of Health by Section 60-A;]

a [Municipality] may delegate by resolution all or any of the powers, duties or functions conferred or imposed on, or assigned to, a [Municipality] under this Act.

(2) Except as provided in sub-section (3), a [Municipality] shall not itself exercise, perform of discharge or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under sub-section (1).

(3) The delegation by the [Municipality] under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to, or revision by, the [Municipality] within a specified period.

(4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a [Municipality] being carried into execution by any agency duly authorized in this behalf by or under this Act, or to preclude any servant of the [Municipality] from acting within the scope of employment.

Validity of acts and proceedings

113. Presumptions and savings. - (1) No vacancy in a [Municipality] or in a committee of a [Municipality] shall vitiate any act or proceeding of a [Municipality] or of such committee.

(2) No disqualification, or defect in the [election or nomination], of a person acting a [member of a municipality or in the election, nomination or appointment of a person acting as a member] or a committee appointed under this Act or as the President or the Chairman, as the case may be of a meeting of a [Municipality] or of such committee, shall be deemed to vitiate any act or proceeding of the [Municipality] or of the committee, if the majority of the persons present at the time of the act being done, or proceeding being taken, were qualified and duly elected [or nominated] members of the [Municipality] or committee.

(3) Until the contrary is proved, any document or minutes which purport to be the record of the proceedings of a [Municipality] or committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings, of a duly convened meeting held by a duly constituted [Municipality] or committee whereof all the members were duly qualified.

Chapter IV

Municipal Fund And Property

114. Municipal fund. - [(1) There shall be established, for each municipality a Municipal Fund and to the credit whereof shall be placed all sums received including the grants-in-aid from the consolidated fund of the State and all loans raised, by or on behalf of the municipality.

(2) Every municipality shall constitute a Development Fund for the purpose of this Act. The constitution and disposal of the Development Fund shall be effected in such manner as may be prescribed.

(3) Twenty-five per cent of the Development Fund constituted under subsection (2) shall be non-lapsable and shall be earmarked and utilized to provide and promote services for the urban poor and the inhabitants of the slum areas.

Explanation. - For the purposes of sub-section (3) "services" shall include basic environmental services, roads, primary education and health, housing, water supply, sanitation, social security and such like services. However it shall not include establishment expenses (including salary and wages) not directly and specifically incurred for delivery of services.]

[114A. Powers of the] [Municipality] to borrow money. - For performance of its duties and functions, whether mandatory or discretionary, a [Municipality] may with the previous sanction of the State Government, and subject to the rules prescribed in this behalf, raise loans in the open market or from any financial institution by issue of debentures or against any other security.

115. Custody and investment of municipal fund. - [(1) The municipal fund shall be kept in the Government treasury or sub-treasury or in the State Bank of India or with the previous sanction of the State Government, in the Uttar Pradesh Co-operative Bank or in a Scheduled Bank.]

(2) In places where there is no such treasury or sub-treasury or bank, the municipal fund may be kept with a banker, or person acting as a banker who has given such security for the safe custody and re-payment on demand of the fund so kept as the [State Government] may in each case think sufficient :

(3) Provided that nothing in the foregoing provisions of this section shall be deemed to preclude a [Municipality] from, with the previous sanction of the State Government, investing in any of the securities described in Section 20 of the Indian Trust Act, 1882, or placing on fixed deposit with a Presidency Bank and portion of its municipal fund which is not required for immediate expenditure.

116. Property vested in [Municipality]. - Subject to any special reservation made by the [State Government], all property of the nature hereinafter in this section specified and situated within the [municipal area] shall vest in and belong to the [Municipality], and shall, with all other property which may become vested in the [Municipality], be under its direction, management and control, that is to say, -

(a) all public town walls, gates, markets, slaughter-houses, manure and nightsoil depots and public buildings of every description which have been constructed or are maintained out of the municipal fund;

(b) all public streams, lakes, springs, tanks, wells and works for the supply, storages and distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land not being private property appertaining to any public tank or well;

(c) all public sewers, drains, culverts and water-courses, and all works, materials and things appertaining thereto;

(d) all dust, dung, [nightsoil], ashes, refuse, animal matter or filth or rubbish of any kind, or dead bodies of animals collected by the [Municipality] from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places appointed by the [Municipality] under Section 273;

(e) all public lamps, lamp posts and apparatus connected therewith or appertaining thereto;

(f) all land or other property transferred to the [Municipality] by the Government or by gift, purchase or otherwise for local public purposes; and

(g) all public streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements and things existing on or appertaining to such streets.

117. Compulsory acquisition of land. - Where a [Municipality], for the purpose of exercising any power or performing any duty conferred or imposed upon it by or under this or any other enactment, desires the State Government to acquire on its behalf, permanently or temporarily, any land or any right in respect of land under the provisions of the Land Acquisition Act, 1894, or of other existing law, the State Government may, at the request of [Municipality], [in the manner prescribed] acquire such land or such right under the aforesaid provisions; and, payment by the [Municipality] to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the [Municipality].

118. Power of [Municipality] to manage and control property entrusted to its management. - Subject to the provisions of the next section and to any condition imposed by the owner of the property a [Municipality] may manage and control any property entrusted to its management and control.

119. Public institutions. - (1) The management, control and administration of every public institution maintained exclusively out of the municipal fund shall vest in the [Municipality].

(2) Any other public institution may be vested in, placed under the management control and administration of the [Municipality], provided that the extent of the independent authority of the [Municipality] in respect thereof may be prescribed by rule.

(3) All property, endowments and funds belonging to any public institution vesting in, or placed under the management, control and administration of, a [Municipality] shall be held by the [Municipality] in trust for the purpose, to which such property, endowments and funds were lawfully applicable at the time when the institution become so vested or was so placed.

(4) Provided that nothing in the foregoing provisions of this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.

120. Application of municipal fund and property. - (1) The municipal fund and all property vested in a [Municipality] shall be applied for the purposes, express or implied, for which, by or under this or any other enactment, powers are conferred or duties or obligations are imposed upon the [Municipality].

(2) Provided that the [Municipality] shall not incur any expenditure for acquiring or renting land beyond the limits of the [municipal area] or for constructing any work beyond such limits except, -

(a) with the sanction of the [State Government]; and

(b) on such terms and conditions as the [State Government] imposes.

(3) Provided also that priority shall be given in the order set forth below, to the following liabilities and obligations of a [Municipality], -

[(a) the payment of salaries and allowances of Safai Mazdoors;]

(a1) the liabilities and obligations arising from a trust legally imposed upon, or accepted by the [Municipality];

(b) the re-payment of, and the payment of interest on, any loan incurred under the provision of the Local Authorities Loans Act, 1914;

(c) [except the payments under clause (a), the payment of establishment charges], including such contributions as are referred to in Section 78, and the salary, allowances and pension of an executive officer appointed by the [State Government];

(d) any sum ordered to be paid from the municipal fund under subsection (3) of Section 35, sub-section (2) of Section 36, Section 126, sub-section (3) of Section 163 or sub-section (3) of Section 320.

[Explanation. - For the purposes of this sub-section, a person shall be deemed to be a Safai Mazdoor if he is employed by the] [Municipality] for the purposes of sweeping and cleaning of municipal roads, lanes, pathways, drains, sewers, latrines and urinals, carrying of dead animals and refuge and for other jobs of the like nature.

[120A. Restriction on expenditure from municipal fund over certain litigation. - No expenditure from the municipal fund shall be incurred without the prior sanction in writing of the director for the purposes of defraying the costs of any proceedings instituted or commenced in any Court of law by or on behalf of a] [Municipality] or its President in respect of any order made or purporting to have been made by the State Government under Section 30, Section 34, Section 40 or Section 48.

121. Disposal of municipal fund when area ceases to be a [transitional area or a smaller urban area, as the case may be.] - (1) When, by reason of a notification under Section 3, any local area ceases to be [transitional area or a smaller urban area, as the case may be,] and is immediately placed under the control of some other local authority, the municipal fund and property vesting in the [Municipality] shall vest in such other local authority and the liabilities of the [Municipality] shall be transferred to such other local authority.

(2) When, in like manner, any local area ceases to be a [transitional area or a smaller urban area, as the case may be,] and is not immediately placed under the control of another local authority, and balance of the municipal fund and other property vesting the [Municipality] shall vest in the [State Government] and the liabilities of the [Municipality] shall be transferred to [the State Government].

122. Disposal of municipal fund when area ceases to be included in a [transitional area or a smaller urban area, as the case may be]. - (1) When, by reason of a notification under Section 3, any local area ceases to be included in a [transitional area or a smaller urban area, as the case may be,] and is immediately placed under the control of some other local authority such portion of the municipal fund and other property vesting in the [Municipality] shall vest in that other local authority, and such portion of the liabilities of that [Municipality] shall be transferred to that other local authority, as the [State Government] after consulting the [Municipality] and that other local authority, declares by notification.

(2) When in like manner, any local area ceases to be included in a [transitional area or a smaller urban area, as the case may be,] and is not immediately placed under the control of some other local authority, such portion of the municipal fund and other property vesting in the [Municipality] shall vest in the [State Government], and such portion of the liabilities of the [Municipality] shall be transferred to the [State Government], as the State Government after consulting the [Municipality] and considering any representation made by the inhabitants of the excluded area, declares by notification.

(3) Provided that where an excluded area is placed under the control of local a local authority not existing at a date previous to the exclusion, the [State Government], before making a declaration under sub-section (1), shall take into consideration any representation made by the inhabitants of the excluded area.

(4) Provided also that the foregoing provisions of this section shall not apply in any case where the circumstances, in the opinion of the [State Government] render undesirable the transfer of any portion of the municipal fund or liabilities.

123. Application of funds and property accruing to Government under Section 121 or 122. - Any municipal fund or portion of a municipal fund or other property of a [Municipality] accruing under the provisions of Section 121 or 122 to the [State Government], shall be applied in the first place to satisfy any liability of the [Municipality] transferred under such provisions to the [State Government] and secondly for the benefit of the inhabitants of the local area.

124. Power of [Municipality] to transfer property. - (1) Subject to any restriction imposed by or under this Act, a [Municipality] may transfer by sale, mortgage, lease, gift, exchange or otherwise any property vested in the [Municipality] not being property held by it on any trust the terms of which are inconsistent with the right to so transfer.

(2) Notwithstanding anything contained in sub-section (1), the [Municipality] may with the sanction of the [State Government] transfer to Government, any property vested in the [Municipality] but not so as to affect any trust or public rights to which the property is subject.

(3) Provided that every transfer under sub-section (1), other than a lease for a term not exceeding one year, shall be made by instrument in writing sealed with the common seal of the municipality and otherwise complying with all conditions in respect of contracts imposed by or under this Act.

[(4) For safeguarding the interest of weaker section of the society in an urban area, the State Government may issue directions as it may think fit with respect to the acquired or vested land in a municipality.]

125. Payment of compensation from municipal fund. - The [Municipality] may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the [Municipality], its officers or servants under this or any other enactment or vested in the [State Government], the [Prescribed Authority] or the District Magistrate under Section 34 and shall make such compensation where the person sustaining the damages was not himself in default in the manner in respect of which the power was exercised.

126. Payment by [Municipality] for special police protection at fairs, etc. - (1) When special police protection is, in the opinion of the State Government, requisite on the occasion of a fair, agricultural show or industrial exhibition managed by a [Municipality], the [State Government] may provide such protection, and the [Municipality] shall pay the whole charges thereof or such portion of such charge as the [State Government] considers equitably payable by it.

(2) If the sum charged is not paid, the District Magistrate may make an order directing the person having the custody of the municipal fund to pay the expenses from such fund.

127. Other matters relating to municipal fund and property. - The following matter shall be regulated and governed by rules made by the [State Government] under Section 296, namely, -

(a) the authority on which money may be paid from the municipal fund;

(b) the conditions on which property be acquired by the [Municipality] or on which property vested in the [Municipality] may be transferred by sale, mortgage, lease, exchange or otherwise; and

(c) any other matter relating to the municipal fund or municipal property in respect of which the Act makes no provision or insufficient provisions and provision is necessary.

[Chapter IV-A]

District Planning Committee And The Finance Commission

127A. District Planning Committee. - (1) There shall be constituted in every district a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipal Corporations, Municipal Councils and Nagar Panchayats in the district and to prepare a draft development plan for the district as a whole.

(2) The District Planning Committee shall consist of such persons as may be prescribed by rules :

Provided that not less than four-fifths of the total number of members of such committee shall be elected by, and from amongst, the elected members of the Zila Panchayat and of the Municipal Corporation, Municipal Councils and Nagar Panchayats in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district :

Provided further that the other members of such committee shall be nominated by the State Government by order notified in the Official Gazette :

Provided also that any vacancy of members shall be no bar to the constitution or reconstitution of such committee.

(3) The Chairperson of the District Planning Committee shall be chosen in such manner as may be prescribed by rules.

(4) The District Planning Committee, shall, in preparing the draft development plan, -

(a) have regard to -

(i) matters of common interest between the Panchayats and the Municipal Corporations, Municipal Councils and Nagar Panchayats including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservations;

(ii) the extent and type of available resources whether financial or otherwise;

(b) consult such institutions and organizations as the Governor may, by order specify.

(5) The Chairperson of a District Planning Committee shall forward the development plan, as recommended by such committee, to the State Government.

127B. Preparation of plan. - (1) The Executive officer of a municipality shall prepare every year a development plan for the municipal area in the manner prescribed by rules.

(2) The plan prepared under sub-section (1) shall be placed before the municipality in its meeting and the municipality may approve it with or without modification.

(3) The Executive Officer shall, after the plan is approved by the municipality send it to the District Planning Committee before such date as may be prescribed by rules.

127C. Finance Commission. - (1) The Finance Commission shall also review the financial position of the municipalities and make recommendations to the Governor as to, -

(a) the principles which should govern -

(i) the distribution between the State and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and the allocation of shares of such proceeds to the municipalities;

(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipalities;

(iii) the grants-in-aid to the municipalities from the Consolidated Fund of the State;

(b) the measures needed to improve the financial position of the municipalities;

(c) any other matter referred to the finance commission by the Governor in the interests of sound finance of the municipalities.

(2) Every recommendation of the finance commission made under sub-section (1) shall, together with an explanatory memorandum as to the action taken thereon, be laid before both the houses of the State Legislature.

Chapter V

Municipal Taxation

Imposition and alteration of taxes

128. Taxes to be imposed. - (1) Subject to the provisions of this Act and of Article 285 of the Constitution of India, a Municipality shall impose the following taxes, namely :-

(i) a tax on the annual value of buildings or lands or both.

(ii) a water tax on the annual value of buildings or lands or both;

(iii) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by rules in this behalf for each municipality from the nearest sewer line;

(iv) a conservancy tax for the collection, removal and disposal of excrementious and polluted matter from privies, urinals, cesspools;

(v) (sic)

[(vi) a too on vehicles and other conveyances, animals and coolies laden with goods other than household goods of passengers, which enter the limits of the municipality and unload such laden goods or any part thereof within such limits;]

(2) In addition to the taxes specified in sub-section (1), the Municipality may, for the purposes of this Act and subject to the provisions thereof, impose any of the following taxes, namely :-

(i) a tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on, the municipal services;

(ii) a tax on trades, callings and vocations including all employments remunerated by salary or fees;

(iii) a theatre tax which means a tax of amusements or entertainments;

(iv) a tax on dogs kept within the Municipality;

(v) a scavenging tax;

(vi) a tax on deeds of transfer of immovable properties situated within the limits of the Municipality;

(vii) a tax on advertisements not being advertisements published in the newspapers;

(viii) a tax on vehicles and other conveyances plying within the Municipality limit or on boats moored therein.

(ix) betterment tax.

(3) The municipal taxes shall be assessed and levied in accordance with the provisions of this Act and the rules and bye-laws framed thereunder.

(4) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution:

Provided that a Municipality which immediately before the commencement of the Constitution was lawfully levying any such tax under this section as then in force, may continue to levy that tax until provisions to the contrary is made by the Parliament.

OLD LAW

Substituted by U.P. Act No. 8 of 2011. Prior to substitution, it stood as under :

128. Taxes which may be imposed. - (1) Subject to any general rules or special order of the State Government in this behalf, the taxes which a Municipality may impose in the whole or part of a municipality are, -

(i) a tax on the annual value of building or lands or of both;

(ii) a tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on municipal services;

(iii) a tax on trades, callings and vocations including all employments remunerated by salary or fees;

(iii-a) a theatre tax which means a tax on amusements or entertainments;

(iv) a tax on vehicles and other conveyances plying for hire or kept within the municipality or on boats moored therein;

(v) a tax on dogs kept within the municipality;

(vi) a tax on animals used for riding, driving, draught or burden, when kept within the municipality;

(vii) [* * *]

(viii) [* * *]

(ix) a tax on inhabitants assessed according to their circumstances and property;

(x) a water-tax on the annual value of buildings or lands or of both;

(x-a) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by rule in this behalf for each municipality from the nearest sewer line;

(xi) a scavenging tax;

(xii) a conservancy tax for the collection, removal and disposal of ex-crementious and polluted matter from privies, urinals, cesspools;

(xiii) [* * *]

(xiii-A) [* * *]

(xiii-B) a tax on deeds of transfer of: immovable property situated within the limits of the municipality;

(xiv) [* * *]

(2) Provided that taxes under clauses (iii) and (ix) of sub-section (1) shall not be levied at the same time [* * *] nor shall the taxes under clauses (x-a) and (xii) of sub-section (1) be levied at the same time;

Provided further that no tax under clause (xiii-B) of sub-section (1) shall be levied on deeds of transfer of immovable property situated within such area of the municipality as forms part of the local area of any Improvement Trust created under Section 3 of the U.P. Town Improvement Act, 1919 (U.P. Act No. VIII of 1919):

Provided also that no tax under clause (iv) of sub-section (1) shall be levied in respect of any motor vehicle.

(3) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution :

Provided that a Municipality which immediately before the commencement of the Constitution was lawfully levying any such tax under this section as then in force, may continue to levy that tax until provision to the contrary is made by Parliament.

128A. Tax on deeds of transfer of immovable property. - [(1) Where a] [Municipality] has imposed a tax referred to in clause (xiii-B) of sub-section (1) of Section 128, the duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of immovable property situated within the limits of such municipality, be increased by two per cent, on the amount or value of the consideration with reference to which the duty is calculated under the said Act :

Provided that the [Municipality] may, by a special resolution, with the prior approval of the State Government, raise the aforementioned percentage of the increase in stamp duty up to five.

(2) All collections resulting from the said increase shall, after the deduction of incidental expenses, if any, be paid to the [Municipality] concerned by the State Government in such manner as may be prescribed.

(3) For the purposes of this sub-section, Section 27 of the Indian Stamp Act, 1899, shall be so read and construed as if it specifically requires the particulars referred to therein to be separately set forth in respect of, -

(a) property situate within the limits of a municipality; and

(b) property situate outside the limits of a municipality.

(4) For the purposes of this section all references in Section 64 of the Indian Stamp Act, 1899, to the Government shall be deemed to include the [Municipality] as well.

[129.] [Restriction on the imposition of water-tax.] - The imposition of a tax under [clause (ii) of sub-section (1)] Section 128 shall be subject to the restriction that the tax shall not be imposed, -

(i) on land exclusively used for agricultural purposes unless water is supplied by the [Municipality] for such purpose; or

(ii) on a plot of land or building the annual value whereof, does not exceed rupees three hundred and sixty, and to which no water is supplied by the [Municipality]; or

(iii) on any plot or building no part of which is within the radius prescribed for the municipality from the nearest stand-pipe or other water works whereat water is made available to the public by the [Municipality].

Explanation. - For the purposes of this section, -

(a) "building" shall include the compound, if any, thereof, and where there are several buildings in a common compound, all such buildings and the common compound;

(b) "a plot of land" means any piece of land held by a single occupier, or held in common by several co-occupiers whereof no one portion is entirely separated from other portion by the land of another occupier or of other co-occupier or by public property.

[129A. Levy of tax on annual value of buildings or lands or both. - The Tax on annual value of buildings or lands or both shall be levied in respect of all buildings and lands situated in the municipal limit except, -

(a) buildings and lands solely used for purposes connected with the disposal of the dead;

(b) buildings and lands or portions thereof solely occupied and used for public worship or for the charitable purposes, fields, farms and gardens of Government aided institutions of research and development, play grounds of Government aided or unaided, recognised educational institutions or sports stadium;

(c) buildings solely used as schools and intermediate colleges, whether aided by the State Government or not;

(d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904, subject to any direction of the State Government in respect of any such monument;

(e) buildings and land vested in the Union of India, except where provisions of clause (2) of Article 285 of the Constitution of India, apply;

(f) any owner occupied residential building constructed on a plot of land measuring thirty' square metres or having a carpet area upto fifteen square metres, provided that the owner thereof does not own any other building in the municipal limit; and

(g) residential buildings occupied by the owner of the building which is located in such area which has been included in the limit of municipal council, within five years or the facilities of roads, drinking water and street light provided in the area, whichever is earlier.]

130. Restrictions on the imposition of other taxes. - [The imposition of a tax under] [clause (iv) of sub-section (1) or clause (vi) of sub-section (2)] of Section 128 shall be subject to the restriction that the tax shall not be assessed on any house or building or leviable from the occupier of any house or building unless the [Municipality] under clause (a) of Section 196 undertakes the house scavenging or the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools of such house or building.

[130A. Power of State Government to require] [Municipality] to impose taxes. - (1) The [State Government] may, by general or special order, published in the Official Gazette, require a [Municipality] to impose any tax mentioned in Section 128, not already imposed, at such rate and within such period as may be specified in the notification and the [Municipality] shall thereupon act accordingly.

(2) The [State Government] may require a [Municipality] to [increase, modify or vary] the rate of any tax already imposed and thereupon the [Municipality] shall [increase, modify or vary] the tax as required.

(3) If the [Municipality] fails to carry out the order passed under subsection (1) or (2) the [State Government] may pass suitable order [imposing, increasing, modifying or varying] the tax and thereupon the order of the [State Government] shall operate as if it had been a resolution only passed by the [Municipality] [under sub-section (2) of Section 134].

[130B. Pooling of receipts of taxes for certain purposes. - All moneys derived from water, drainage, scavenging and conservancy taxes mentioned in] [clauses (ii), (iii) and (iv) of sub-section (1) and clause (vi) of sub-section (2)] of Section 128 and all other incomes derived from water-works and sullage farms and disposal of excrementitious and polluted matters collected from privies, urinals and cesspools shall be pooled together and shall be used for purposes connected with the construction, maintenance, extension or improvement of the water-works and drainage works and arrangements for scavenging and collection, removal and disposal of excrementitious and polluted matters from privies, urinals and cesspools including maintenance of sullage farms.

131. Framing of preliminary proposals. - (1) When a [Municipality] desires to impose a tax, it shall, by special resolution, frame proposal specifying, -

(a) the tax, being one of the taxes described in [sub-section (2)] of Section 128, which it desires to impose;

(b) the persons or class of persons to be made liable, and the description of property or other taxable things or circumstances in respect of which they are to be made liable, except where and in so far as any such class or description is already sufficiently defined under clause (a) or by this Act;

(c) the amount or rate leviable from each such person or class of persons;

(d) any other matter referred to in Section 153 which the [State Government] requires by rule to be specified.

(2) The [Municipality] shall also prepare a draft of the rules which it desires the [State Government] to make in respect of the matters, referred to in Section 153.

(3) The [Municipality] shall, thereupon publish in the manner prescribed in Section 94 the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) along with a notice in the form set forth in Schedule III.

132. Procedure subsequent to framing proposals. - (1) Any inhabitant of the [Municipal area] may, within a fortnight from the publication of the said notice, submit to the [Municipality] an objection in writing to all or any of the proposals framed under the preceding section, and the [Municipality] shall take any objection so submitted into consideration and pass orders thereon by special resolution.

(2) If the [Municipality] decides to modify its proposals or any of them, it shall publish notified proposals and (if necessary) revised draft rules along with a notice indicating that the proposals and rules (if any) are in modification of proposals and rules previously published for objection :

[Provided that no such publication shall be necessary where the modification is confined to reduction in the amount or rate of the tax originally proposed.]

(3) Any objection which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1).

(4) When the [Municipality] has finally settled its proposals it shall submit them along with the objections (if any) made in connection therewith to the [Prescribed Authority].

133. Power of State Government or [Prescribed Authority] to reject, sanction or modify proposals. - (1) [Upon receipt of the proposals and objections under the preceding sections], the [Prescribed Authority] after considering the objection received under sub-section (4) of Section 132, may either refuse to sanction the proposals or return them to the [Municipality] for further consideration, or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it deems fit.

(2) In airy other case, the [Prescribed Authority] shall submit the proposals and objections to the State Government, who may pass any of the orders desired in sub-section (1).

(3) [* * *]

134. Resolution of [Municipality] directing imposition of tax. - (1) When the proposals have been sanctioned by the Prescribed Authority or the State Government [* * *] the State Government, after taking into consideration the draft rules submitted by the [Municipality], shall proceed forthwith to make under Section 296 such rules in respect of tax as for the time being it considers necessary.

(2) When the rules have been made, the order of sanction and a copy of the rules shall be sent to the [Municipality], and thereupon the [Municipality] shall by special resolution direct the imposition of the tax with effect from a date to be specified in the resolution.

135. Imposition of tax. - (1) A copy of the resolution passed under Section 134 shall be submitted to the [State Government] if the tax has been sanctioned by the [State Government] and to the [Prescribed Authority] in any other case.

(2) Upon receipt of the copy of the resolutions the [State Government] or [Prescribed Authority] as the case may be, shall notify in the Official Gazette, the imposition of the tax from the appointed date, and the imposition of a tax shall in all cases be subject to the condition that it has been so notified.

(3) A notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.

136. Procedure for altering taxes. - The procedure for abolishing a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of sub-section (1) of Section 131, shall, so far as may be, the procedure prescribed by Sections 131 to 135 for the imposition of a tax.

137. Power of State Government to remedy or abolish tax. - (1) Whenever it appears, on compliant made or otherwise , to the [State Government], that the levy of any tax is contrary to the public interest or that any tax is unfair in its incidence the [State Government] may, after considering the explanation of [the municipality] concerned, by order require such [Municipality] to take measures, within a time to be specified in the order, for the removal of any defect which it considers to exist in the tax or in the method of assessing of collecting tax.

(2) Upon the failure or inability of the [Municipality] to comply, to the satisfaction of the [State Government], with an order made under sub-section (1), the [State Government] may by notification suspend the levy of the tax or of any portion thereof until the defect is removed, or may abolish or reduce the tax.

Consolidated Taxes

138. Consolidation of taxes. - (1) For the purposes of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from, the taxes described in [clauses (i) and (ii) of sub-section (1) and clause (vi) of sub-section (2)] of Section 128, a [Municipality] may consolidate any two or more of such taxes which are imposed upon buildings or lands or both.

(2) Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing any person of his liability thereunder or for the purpose of securing compliance with the provision of Section 129 or 130, the [Municipality] shall apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.

139. Deduction required by exemptions. - (1) In assessing a consolidated tax, effect shall be given to any partial or total exemption from any single tax comprised therein.

(2) Such effect shall be given, -

(a) in the case of partial exemption, by means of the deduction from the total amount of the consolidated tax which would otherwise be leviable or assessable in respect of any buildings or lands or both to which the exemption applies, of a proportionate part, corresponding to the exemption, of the amount which might otherwise have been assessed on account of the single tax; and

(b) in the case of a total exemption, by means of the deduction from such total amount of the whole amount assessed, on account of the single tax.

Assessment and levy of taxes on the annual value of buildings or lands or both

[140. "Annual value" means. - Capital value of building or land or both, as the case may be, which is arrived at on multiplying the covered area of building or area of land or both, as the case may be, with the prevailing circle rate/construction rate fixed by the Collector for the purposes of Indian Stamp Act 1899:

Provided that the rate of general tax under property tax shall be between 0.01 per cent and 1 percent of annual value and in the next five years from the commencement of capital value based property tax. the tax in any case shall not be less than the fax assessed in the immediately preceeding year or more than five percent of the tax assessed in the immediately preceeding year; thereafter in the subsequent years, maximum rate of per year increase in property tax shall be decided in the manner prescribed in the rules:

Provided also that' assessment of capital value based property tax shall be done once in a year and property tax for" complete year shall be. Assessed on the basic of circle rate prevailing on first April.]

[141. The Municipal Council/Nagar Panchayat or an officer authorised by it in the behalf, shall cause an assessment list in the Municipal Council/Nagar Panchayat area or part thereof, to be prepared' from time to time in accordance with the manner prescribed in the rules.]

[141A. Option to deposit a tax on the annual value of building or land or of both by self assessment. - Notwithstanding anything to the contrary in any other provision of this Act, the owner or occupier primarily liable for payment of tax in respect of a building may himself assess every year his liability regarding the amount of property tax payable by him and in doing so he may himself determine the annual value of the building in accordance with the provisions of Section 140, and deposit the tax so assessed by him in such manner, together with a statement of such self-assessment, in such form as may be prescribed.]

141B. Submission of the details of houses or lands for assessment of tax. - [(1) For the purposes of annual value, the owner or the occupier of every building or land shall submit a property return upto a date as may be prescribed.]

(2) Any person failing to submit the return referred to in sub-section (1) without proper reasons shall be liable to pay penalty as may be prescribed.

(3) The penalty referred to in sub-section (2) may be compounded by the Executive Officer.

[142. Publication of list. - The Municipality or the Executive Officer authorized by it in this behalf shall publish the list prepared under Section 141 in accordance with the manner prescribed in the rules.]

[143. Objections on proposed rates and list. - The Municipality or the Executive Officer authorised by it in this behalf shall dispose off the objections in accordance with the manner prescribed in the rules.]

144. Authentication and custody of list. - [(1) The Executive Officer or an officer authorised by him in this behalf, shall authenticate by his signature the assessment list of the Municipal Council/Nagar Panchayat or any put thereof, as the case may be.]

(2) Every list so authenticated shall be deposited in the office of the Municipality.

(3) As soon as the list for the entire municipal area is so deposited it shall be declared by public notice to be open for inspection.

145. Revision and duration of list. - (1) A new assessment list shall ordinarily be prepared in the manner prescribed by Sections 141 to 144, once in every five years.

(2) Subject to any alteration or amendment made under Section 147 and to the result of any appeal under Section 160, every valuation and assessment entered in a valuation list shall be valid from the date on which the list takes effect [in the] [municipal area] or part thereof and until the first day of the month next following the completion of the new list.

[145A. Adoption of value of property determined under U.P. Act XII of 1962. - Notwithstanding anything contained elsewhere in this Act the [Municipality] may by special resolution decide that the taxable value of buildings and lands determined under clause (ii) of Section 4 of the Uttar Pradesh (Nagar Khsettra) Bhumi Aur Bhawan Kar Adhiniyam, 1962, shall be the annual value for the purpose of this Act.]

146. Conclusiveness of entries in list. - An entry in an assessment list shall be conclusive proof, -

(a) for any purpose connected with a tax to which the list refers, of the amount leviable in respect of any building or land during the period to which the list relates; and

(b) for the purpose of assessing any other municipal tax, of the annual value of any building or land during the said period.

147. Amendment and alteration of list. - (1) The [Municipality or the Executive Officer authorised by it] may at any time alter or amend the assessment list, -

(a) by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation after the authentication of the assessment list; or

(b) by substituting therein for the name of owner or occupier of any property the name of any other person who has succeeded by transfer or otherwise to the ownership or occupation of the property; or

(c) by enhancing the valuation of, or assessment on any property which [has become incorrectly valued or assessed or which, by reason of fraud, misrepresentation or mistake, has been incorrectly valued or assessed]; or

(d) by re-valuing or re-assessing any property the value of which has been increased by additions or alterations to buildings; or

(e) where the percentage on the annual value at which any tax is to be levied has been altered by the [Municipality or the Executive Officer authorised by it] under the provisions of Section 136, by making a corresponding alteration in the amount of the tax payable in each case; or

(f) by reducing, upon the application of the owner- or on satisfactory evidence that the owner is traceable and the need for reduction established, upon its own initiative, the valuation of any building which has been wholly or partly demolished or destroyed, or

(g) by correcting any [Clerical, arithmetical or other apparent error ;]

(2) Provided that [Municipality or the Executive Officer authorised by it] shall give at least one month's notice to any person interested of any alteration which the [Municipality or the Executive Officer authorised by it] proposes to make under clauses (a), (b), (c) or (d) of sub-section (1) and of the date on which the alteration will be made.

(3) The provisions on sub-sections (2) and (3) of Section 143 applicable to the obligations thereunder mentioned shall, so far as may be, apply to any objection made in pursuance of a notice issued under sub-section (2) and to any application made under clause (f) of sub-section (1).

(4) Every alteration made under sub-section (1) shall be authenticated by the signature or signatures of the person or persons authorized by Section 144 and subject to the result of an appeal under Section 160, shall take effect from the date on which the next instalment falls due.

148. Obligation to supply information for purposes of amendment. - (1) When a building is built, rebuilt or enlarged, the owner shall give notice thereof to the [Municipality] within fifteen days from the date of completion of such building, rebuilding or enlargement or from the date of the occupation of such building, whichever date happens first.

(2) Any person failing to give the notice required by sub-section (1) shall be punished upon conviction with a fine which may extend to fifty rupees or ten times the amount of the tax payable on the said building or enlargement for a period of three months, whichever is greater.

149. Liability for payment of certain taxes on annual value. - (1) [Except when otherwise provided by rule], every tax [other than a scavenging tax or tax for the cleansing of latrines and privies] on the annual value of buildings or lands or of both shall be leviable primarily from the actual occupier of the property upon which the said taxes are assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the [Government] or from the [Municipality], or on a building or lease from any person.

(2) In any other case the tax shall be primarily leviable as follows, namely, -

(a) if the property is let, from the lessor;

(b) if the property is sublet, from the superior lessor;

(c) if the property is unlet, from the person in whom the right to let the same vests.

(3) On failure to recover any sum due to account of such tax from the person primarily liable, the [Municipality or the Executive Officer authorised by it] may recover from the occupier of any part of the buildings or lands in respect of which it is due, that portion thereof which bears to the whole amounts due the same ratio as the rent annually payable by such occupier bears to the aggregate amount of rent payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof in the authenticated assessment list.

(4) An occupier who makes any payments for which he is not primarily liable under the foregoing provisions, shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable.

150. Liability for payment of other such taxes. - (1) A scavenging tax, or a tax for the cleansing of latrines and privies, on the annual value of buildings or lands or of both, shall be levied from the actual occupier of the property upon which the taxes are assessed.

(2) Provided that, where such property is let to more occupiers than one, the [Municipality] may at its option levy the tax from the lessor instead of from the actual occupiers.

(3) A lessor from whom a tax is levied under sub-section (2) may, in the absence of a contract to the contrary, recover the tax from any or all of the actual occupiers.

151. Remission by reason of non-occupation. - (1) In a [municipal area] other than one situated wholly or partly in a hilly tract, when a building or land has remained vacant and unproductive of rent for ninety or more consecutive days during any year the [Municipality] shall remit or refund so much of the tax of that year as may be proportionate to the number of days that the said building or land has remained vacant and unproductive of rent.

(2) When in any such [municipal area] a building consists of separate tenements one, or more than one, of which has remained vacant and unproductive of rent for any such period as aforesaid, the [Municipality] may remit or refund such portion (if any) of the tax or instalment as is prescribed by rule.

(3) Provided that no remission shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the [Municipality], and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice.

(4) The burden of proving the facts entitling a person to relief under this section shall be upon him.

(5) For the purposes of this section a building or land shall not be deemed vacant, if maintained as a pleasure resort or town or country house, or be deemed unproductive of rent, if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.

152. Obligation to give notice of re-occupation. - (1) The owner of a building or land for which a remission or refund of the tax [has been applied for, or given] under the last preceding section, shall give notice of the re-occupation of such building or land within fifteen days of such re-occupation.

(2) Any owner failing to give the notice required by sub-section (1) shall be punished upon conviction with a fine which shall not be less than twice the amount of tax payable on such building or land for the period during which it has been re-occupied without notice, and which may extend to fifty rupees or to ten times the amount of the said tax, whichever sum is the greater.

Collection, composition, exemption and other matters relating to taxation

153. Rules as to assessment, collection and other matters. - The following matters shall be regulated and governed by rules except in so far as provision therefor is made by this Act, namely, -

(a) the assessment, collection or composition of taxes [* * *],

(b) the prevention of evasion of taxes;

(c) the system on which refunds shall be allowed and paid;

(d) the fees for notices demanding payments on account of a tax and for the execution of warrants of distress;

(e) the rates to be charged for maintaining live-stock distrained; and

(f) any other matter relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is, in the opinion of the [State Government], necessary.

[154. [* * *]

155. [* * *]

155A. [* * *]]

156. Composition. - (1) Subject to the provisions of any rule, a [Municipality] may by a special resolution confirmed by the [Prescribed Authority] provide that all or any persons may be allowed to compound for a tax.

(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recoverable in the manner provided by Chapter VI.

157. Exemption. - (1) A [Municipality] may exempt, for a period not exceeding one year, from the payment of a tax, or any portion of a tax, imposed under this Act any person who is in its opinion, by reason of poverty, unable to pay the same, and may renew such exemption as often as it deems necessary.

(2) A [Municipality] may, by a special resolution confirmed by the [Prescribed Authority], exempt from the payment of tax, or any portion of a tax, imposed under this Act any person or class of persons or any property or description of property.

(3) The [State Government] may, by order, exempt from payment of tax, or any portion of a tax, imposed under this Act any person or class of persons or any property or description of property.

158. Obligation to disclose liability. - [(1) The] [Municipality] or any Assessing Authority under this Act may by written communication call upon an inhabitant of the [municipal area] to furnish such information or produce such records, books of account and documents as may be necessary in order to ascertain, -

(a) whether such inhabitant is liable to pay a tax imposed under this Act;

(b) at what amount he should be assessed;

(c) the annual value of the building or land which he occupies and the name and address of the owner.

[(2) If an inhabitant so called upon to furnish information or to produce records, books of account or documents, omits to furnish or produce the same or, if furnished or produced, the same appear to the] [Municipality] or the Assessing Authority to be incorrect or incomplete, the [Municipality] or the Assessing Authority, as the case may be, shall after making such enquiry as it considers necessary make the assessment to the best of its judgment.

159. Powers of discovery. - Subject to the conditions and restrictions specified in sub-section (2) of Section 287, the [President], the executive officer and, if authorized in this behalf by resolution, any other member, officer or servant of the [Municipality] may enter, inspect and measure a building for the purposes of valuation, or enter and inspect a stable, coach house or other place wherein there is reason to believe that there is a vehicle or animal liable to taxation under this Act.

[159A. Rounding off of figures. - In computing the amount of any tax under this Act a fraction of a rupee less than five paise or which is not a multiple of five paise shall be rounded off to five paise or to the next higher multiple of five paise as the case may be.]

Appeal against taxation

160. Appeals relating to taxation. - (1) In the case of a tax assessed upon the annual value of buildings or lands or both an appeal against an order passed under sub-section (3) of Section 143 or under sub-section (3) of Section 147, and, in the case of any other tax, an appeal against an assessment, or any alteration of an assessment, may be made the District Magistrate or to such other officer as may be empowered by the [State Government] in this behalf.

(2) [* * *]

161. Limitation and preliminary deposit of tax claimed. - No such appeal shall be heard and determined unless, -

(a) the appeal is in the case of a tax assessed on the annual value of buildings or lands or both, brought within thirty days next after the date of communication of the order (exclusive of the time requisite for obtaining a copy thereof) and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the first demand under the assessment or alteration of assessment; and

(b) the amount claimed from the appellant has been deposited by him in the municipal office.

162. Reference to High Court - (1) If, during the hearing of an appeal under Section 160, a question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion of on the application of a person interested, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the High Court.

(2) On reference being made under sub-section (1), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), or such other rules as are made by the High Court under Section 122 of that Code.

163. Costs. - (1) In every appeal the costs shall be in the discretion of the officer deciding the appeal.

(2) Costs awarded under this section to the [Municipality] shaLl be recoverable by the [Municipality] in the manner provided by Chapter VI.

(3) In the [Municipality] fails to pay costs awarded to an appellant within ten days after the date of the communication to the [Municipality] of the order or payment thereof, the officer awarding the costs may order the persons having the custody of the balance of the municipal fund to pay the amount.

164. Bar to jurisdiction of civil and criminal courts in matters of taxation. - (1) No objection shall be taken to a valuation or assessment, nor shall the liability of a person to be assessed or taxed by questioned in any other manner or by any other authority than is provided in this Act.

(2) The order of the Appellate Authority confirming, setting aside or modifying air order in respect of valuation or assessment or liability to assessment or taxation shall be final; provided that it shall be lawful for the Appellate Authority, [upon application made within three months from the date of its original order on its own motion, to review an order passed by it in appeal by a further order; provided further that no order shall be reviewed by the Appellate Authority on its own motion beyond three months from its date].

Formal defects in assessment and demands

165. Savings. - No assessment list or other list, notice, bill or other such document specifying, or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstance shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form, and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.

Chapter VI

Recovery Of Certain Municipal Claims

166. Presentation of bill. - (1) As soon as a person becomes liable for the payment of, -

(a) any sum on account of tax, other than [any tax] payable upon immediate demand, or

(b) any sum payable under clause (c) of Section 196 or Section 229 or Section 230 in respect of the supply of water, or payable in respect of any other municipal service or undertaking, or

(c) any other sum declared by this Act or by rule [or bye-law] to be recoverable in the manner provided by this chapter, the [Municipality] shall, with all convenient speed cause a bill to be prescribed to the persons so liable.

(2) Unless otherwise provided by rule, a person shall be deemed to become liable for the payment of every tax and licence fee upon the commencement of the period in respect of which such tax or fee is payable.

167. Contents of bill. - Every such bill shall specify, -

(a) the period for which, and the property, occupation, circumstances or thing in respect of which the sum is claimed, and

(b) the liability or penalty enforceable in default of payment, and

(c) the time (if any) within which an appeal may be referred as provided in Section 161.

168. Notice of demand. - If the sum for which a bill has been presented as aforesaid is not paid into the municipal office or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the [Municipality] may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form set forth in Schedule IV, or to the like effect.

169. Issue of warrant. - (1) If the person liable for the payment of the said sum does not, within fifteen days from the service of such notice of demand either, -

(a) pay the sum demanded in the notice, or

(b) show cause to the satisfaction of the [Municipality] or of such officer as the [Municipality] by regulation may appoint in this behalf, or, where there is an executive officer, of the executive officer, as the case may be, why he should not pay the same,

such sum with all costs of the recovery may be recovered under a warrant caused to be issued by the [Municipality] in the form of Schedule V, or to the like effect, by distress and sale of the movable property of the defaulter.

(2) Every warrant issued under this section shall be signed by the [President] of the [Municipality], or by an officer to whom the [Municipality] has delegated its power by regulation or by the executive officer, if any.

170. Forcible entry for purpose of executing warrant. - (1) It shall be lawful for a municipal officer to whom a warrant issued under Section 169 is addressed, to break open, at any time between sunrise and sunset any outer or inner door or window of a building, in order to make the distress directed in the warrant, in the following circumstances and not otherwise, -

(a) if the warrant contains a special order authorizing him in this behalf, and

(b) if he has reasonable grounds for believing that the building contains property which is liable to seizure under the warrant, and

(c) if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance.

(2) Provided that such officer shall not enter or break open the door of an apartment appropriated for women, until he has given any women therein an opportunity to withdraw.

171. Manner of executing warrant. - (1) It shall also be lawful for such officer to distrain, wherever it may be found any movable property of the person therein named as defaulter, subject to the provisions of sub-sections (2) and (3).

(2) The following property shall not be distrained -

(a) the necessary wearing apparel and bedding of the defaulter, his wife, and children;

(b) the tools of artisans;

(c) books of account;

(d) when the defaulter is an agriculturist, his implements of husbandry, seed grain, and such cattle as may be necessary to enable him to earn his livelihood.

(3) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any article have been distrained which, in the opinion of a person authorized by or under sub-section (2) of Section 169 to sign a warrant, should not have been so distrained, they shall forthwith be returned.

(4) The officer shall on seizing the property forthwith make an inventory thereof, and shall before removing the same give to the person in possession thereof at the time of seizure a written notice in the form of Schedule VI that the said property will be sold as shall be specified in such notice.

172. Sale of goods under warrant, and application of proceeds. - (1) When tine property seized is subject to speedy and natural decay or when the expense of keeping it in custody together with the amount to be recovered is likely to exceed its value, the [President] or other officer by whom the warrant was signed, shall at once give notice to the person in whose possession the property was seized to the effect that it will be sold at once, and shall sell it accordingly unless the amount named in the warrant be forthwith paid.

(2) If not sold at once under sub-section (1), the property seized, or a sufficient portion thereof, may, on the expiration of the time specified in the notice served by the officer executing the warrant, be sold by public auction under the orders of the [Municipality], unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant and distress and detention of the property.

(3) The surplus, if any, shall be forthwith credited to the municipal fund, notice of such credit being given at the same time to the person from whose possession the property was taken, but, if the same be claimed by written application to the [Municipality] within one year from the date of the notice, a refund thereof shall be made to such person. Any sum not claimed-within one year from the date of such notice shall be the property of the [Municipality].

173. Procedure in case of execution against property outside [municipal area]. - (1) If no sufficient movable property belonging to a defaulter of being upon the premises, in respect of which he is assessed, can be found within the [municipal area], the District Magistrate may, on the application of the [Municipality], issue his warrant to an officer of his Court, -

(a) for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Magistrate, or

(b) for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Magistrate exercising jurisdiction within Uttar Pradesh.

(2) In the case of action being taken under clause (b) o( sub-section (1), the other Magistrate shall endorse the warrant so issued, and cause it to be executed, and any amount recovered to be remitted to the Magistrate issuing the warrant, who shall remit the same to the [Municipality].

[173A. Recovery of taxes as arrears of land revenue. - (1) Where any sum is due on account of a tax, other than] [any tax] payable upon immediate demand, from a person to a [Municipality], the [Municipality] may without prejudice to any other mode of recovery apply to the Collector to recover such sum together with costs of the proceedings as if it were an arrear of a land revenue.

(2) The Collector on being satisfied that the sum is due shall proceed to recover it is an arrear of land revenue.

174. Fees and costs. - Fees for, -

(a) every notice issued under Section 168;

(b) every distress made under Section 171; and

(c) the costs of maintaining any live stock seized under the said section;

shall be chargeable at the rates respectively specified in such behalf in rules made by the [State Government], and shall be included in the costs of recovery to be levied under Section 169.

175. Savings. - No distress or sale made under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, detect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.

176. Alternative power of bringing suit. - Instead of proceeding by distress and sale, of in case of failure to realize thereby the whole or any part of the demand, the [Municipality] may sue the person liable to pay the same in any Court of competent jurisdiction.

177. Liability of immovable property for taxes. - All sums due on account of a tax imposed on the annual value of buildings or lands or of both shall, subject to the prior payment of the land revenue (if any) due to the Government thereupon, be a first charge upon such buildings or lands.

Chapter VII

Powers And Penalties In Respect Of Buildings, Public Drains, Streets, Extinction Of Fires, SCAVENGING AND WATER SUPPLY

Building regulations

178. Notice of intention to erect building or make well. - (1) Before beginning, within the limits [municipal area], -

(a) to erect a new building or new part of a building, or

(b) to re-erect, or make a material alteration in a buildings, or

(c) to make or enlarge a well;

a person shall give notice of his intention to the [Municipality].

(2) The notice referred to in sub-section (1) as required in the case of a building shall only be necessary where the building, abuts on, or is adjacent to, a public street or place, or property vested in Government, or in the [Municipality], unless, by a bye-law applicable to the area in which the building is situated, the necessity of giving notice is extended to all buildings.

(3) An alteration in a building shall, for the purposes of this chapter and of any bye-law, be deemed to be material, if, -

(a) it affects or is likely to affect pre-judicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene, or

(b) it increases or diminishes the height of, area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law, or

(c) it converts into a place for human habitation a building or part of a building originally constructed for other purposes, or

(d) it is an alteration declared by a bye-law made in this behalf to be a material alteration.

179. Plans and specifications required to validate notice. - (1) Where a bye-law has been made prescribing and requiring any information and plan in addition to a notice, no notice under Section 178 shall be considered to be valid until the information, if any, required by such bye-law has been furnished to the satisfaction of the [Municipality].

(2) In any other case, the [Municipality] may, within one week of the receipt of the notice required by Section 178, require a person who has given such notice to furnish a plan and specification of any existing or proposed building, or part of a building, or well together with a site plan of the land, with such reasonable details as the [Municipality] may prescribe in its requisition, and in such case, the notice shall not be considered to be valid until such plans and specification have been furnished to the satisfaction of the [Municipality].

180. Sanction of work by [Municipality]. - (1) Subject to the provisions of any bye-law the [Municipality] may either refuse to sanction any work of which notice has been given under Section 178 or may sanction it absolutely or subject to, -

(a) any written directions that the [Municipality] deems fit to issue in respect of all or any of the matters mentioned in sub-head (h) of heading A of Section 298, or

(b) a written direction requiring the set-back of the building or part of a building to the regular dine of the street prescribed under Section 222, or, in default of any regular line prescribed under that Section, to the line of frontage of any neighbouring building or buildings.

(2) In the case of refusal to sanction under sub-section (1), the [Municipality] shall communicate in writing the reasons for such refusal to the person giving notice under Section 178.

(3) Should the [Municipality] neglect or omit for one month after the receipt of a valid notice under Section 178 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by a written communication call the attention of the [Municipality] to the omission of neglect, and, if such omission or neglect continues for a further period of fifteen days, the [Municipality] shall be deemed to have sanctioned the proposed work absolutely.

(4) Provided that nothing in sub-section (3) shall be construed to authorise any person to act in contravention of this Act or of any bye-law.

[(5) No person shall commence any work of which notice has been given under Section 178 until sanction has been given or deemed to have been given under this section.]

[(6) The] [Municipality] may within six months cancel or modify a sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or misrepresentation and any work done thereunder shall be deemed to have been done without such sanction :

Provided that before cancelling or modifying any sanction, the [Municipality] shall give a reasonable opportunity to the party concerned of being heard.

180A. Restriction on the power of a [Municipality] to sanction construction of a place of entertainment in certain cases. - Notwithstanding anything contained in this Act, or any bye-law made thereunder, the construction of, or any addition to any building of public entertainment or any addition thereto, shall not, except with the previous approval of the State Government, be sanctioned by a [Municipality], if the site of, or proposed for such building is, -

(a) within a radius of one furlong from -

(i) any residential institution attached to a recognized educational institution such a college, a high school or girls' school, or

(ii) a public hospital with a large indoor patient ward, or

(iii) an orphanage containing one hundred or more in mates; or

(b) in any thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from business purposes; or

(c) in any area reserved for residential purposes by any housing or planning scheme or otherwise under any enactment :

Provided that no permission to construct any building intended to be used for cinematograph exhibition shall be given unless the [Municipality] is satisfied that sanction to the plans and specifications have been obtained in accordance with the rules famed under the Cinematograph Act, 1918.

[* * *]

181. Duration of sanction. - (1) A sanction given or deemed to have been given by a [Municipality] under [Section 180] shall be available for one year or for such lesser period as may be prescribed by bye-law [unless it is extended by the] [Municipality] for a further period up to one year.

(2) After the expiry of the said period the proposed work may not be commenced except in pursuance of a fresh sanction applied for and granted under the [same] section.

182. inspection of works requiring sanction. - The [President], the executive officer and if authorised in this behalf by resolution any other member, officer or servant of the [Municipality] may, at any time and without warning inspect any work in respect of which notice is required under Section 178, -

(a) while under construction, or

(b) within one month of the receipt of a report that it has been completed or, in default of such report, any time after completion.

183. Compensation for damage sustained through order passed under Section 180. - Notwithstanding anything contained in Section 125, a person giving notice under Section 178, shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a [Municipality] under Section 180, unless, -

(a) the order is passed on some ground other than the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person, or

(b) the order contains a direction of the nature specified in clause (b) of sub-section (1) of Section 180, or

(c) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality, or is intended for a purpose unsuitable to the locality, or contravenes a bye-law under sub-head (f) of heading A of Section 298.

184. Effect of sanction under Section 180. - (1) A sanction given or deemed to have been given under Section 180 shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under Sections 185, 186 or 222, confer or extinguish any right or disability, or operate as an estoppel or admission or affect any title to property or have any other legal effect whatsoever.

(2) In particular such sanction shall not operate to relieve any person from the obligation imposed by Section 209 to obtain separate sanction for any structure referred to therein.

185. Illegal erection or alteration of a building. - Whoever begins, continues or completes the erection or re-erection of, or any material alteration in a building or part of a building or the construction or enlargement of a well, without giving the notice required by Section 178, or in contravention [of the provisions of Section 180, sub-section (5) or], of an order of the [Municipality] refusing sanction or any written directions made by the [Municipality] under Section 180 or any bye-law, shall be liable upon conviction to a fine which may extend to [one thousand rupees but which, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than two hundred and fifty rupees].

186. Power of [Municipality] to stop erection 2nd to demolish building erected. - The [Municipality] may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the [Municipality] considers that such erection, re-erection, alteration, construction or enlargement is an offence under Section 185 and may, in like manner, direct the alteration or demolition as it deems necessary of the building, part of a building, or the well, as the case may be.

Extinction of fire

187. Establishment and maintenance of fire-brigade. - The [Municipality] may establish and maintain a fire-brigade and may provide any implements, machinery, or means of communicating intelligence which it thinks necessary for the prevention and extinction of fire.

188. Power of fire-brigade and other persons for suppression of fires. - (1) On the occasion of a fire in a [municipal area] any Magistrate, any member of the [Municipality], the executive officer, the engineer or a secretary of the [Municipality], or any member of the fire-brigade directing its operations and (if required so to do by a Magistrate, a member of the [Municipality], the executive officer, the engineer or a secretary of the [Municipality]), any police officer above the rank of constable, may, -

(a) remove, or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;

(b) close any street or passage in or near which a fire is burning;

(c) for the purpose of extinguishing the fire, break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of hoses or other appliances any premises;

(d) cause mains and pipes to be shut off as to give greater pressure of water in or near the place where the fire has occurred;

(e) call ort the person in-charge of a fire-engine to render such assistance as may be possible; and

(f) generally take such measures as may appear necessary for the preservation of life or property.

(2) No person shall be liable to pay damages for an act done by him under sub-section (1) in good faith.

(3) Any damage done in the exercise of a power conferred for a duty imposed by this section shall be deemed to be damaged by fire within the meaning of a policy of insurance against fire.

Public drains

189. Construction of public drains. - (1) The [Municipality] may construct, within, or, subject to the provisions of sub-section (2) of Section 120, outside the [municipal area], such drain as it thinks necessary for keeping the [municipal area] properly cleansed and drained and carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any buildings or land.

(2) Provided that no drain shall be constructed within the limits of a cantonment without the approval of the [State Government] and otherwise than with the concurrence of the General Officer Commanding of the division in which such cantonment is situate or, in the event of such concurrence being withheld, the previous sanction of the [Central Government].

190. Alteration of public drains. - (1) The [Municipality] may, from time to time, enlarge, lessen, alter the course of, cover in or otherwise improve a public drain and may discontinue, close up or remove any such drain.

(2) The exercise of the power conferred by sub-section (1) shall be subject to the condition that the [Municipality] shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said power.

191. Use of public drains by private owners. - (1) The owner or occupier of a building or land within the [municipal area] shall be entitled to cause his drains to empty into the drains of the [Municipality], provided that he first obtains the written permission of the [Municipality], and that he complies with such conditions consistent with any bye-law as the [Municipality] prescribes as to the mode in which, and the superintendence under which the communications are to be made between drains not vested in the [Municipality] and drains which are so vested.

(2) Whoever, without the written permission of the [Municipality] or in contravention of any bye-law or of any direction or condition made or imposed under sub-section (1), makes or causes to be made or alters or causes to be altered, a connection of a drain belonging to himself or to some other person with a drain vested in the [Municipality], shall be liable upon conviction to a fine which may extend to fifty rupees, and the [Municipality] may by written notice require such person to close, demolish, alter, remake or otherwise deal with such connection as it deems fit.

192. Power of [Municipality] to enforce drainage connection with public drains. - (1) When a building or land situated within one hundred feet of a public drain is at any time not drained to the satisfaction of the [Municipality] by any or a sufficient drainage connection with such drain the [Municipality] may, by notice require the owner or occupier of such building or land to make and maintain a drainage connection with the drain in such manner as the [Municipality], subject to the provisions of any bye-law directs.

(2) The provisions of Sections 306 to 312 (inclusive) shall apply to default in compliance with any such requisition, notwithstanding that part of the land through which the said drainage connection is required to pass may not belong to the person so making default, unless he shall prove that the default was caused by the act of the owner or occupier of such last mentioned land, and he has made application to the [Municipality] under Section 193.

193. Power of private person to carry a drain through the land of another person. - (1) Any person desiring that an existing or proposed drain on his land shall be carried through or under the building or land, or connected with the drain, of another person owning a building or land abutting on, or a drain connected with a municipal drain my apply to the [Municipality].

(2) The [Municipality] on receiving an application under sub-section (1) may call upon the other person to show cause, within specified period, why the applicant's drain should not be carried through or under his building or land or connected with his drain.

(3) The [Municipality] shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection shall be made, shall record and order to this effect.

(4) The order shall set out in writing, -

(a) the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection;

(b) the period within which the drain or drainage connection shall be made;

(c) the respective responsibilities on the parties concerned for the maintenance, repair and cleansing of the drain or drainage connection when made; and

(d) the sum (if any) payable, whether in the form of rent or otherwise, by the person making the application to the owner of the land, building or drain, as the case may be.

(5) If the sum awarded under clause (d) of sub-section (4) takes the form of a lump payment, the [Municipality] may recover it in the manner provided by Chapter VI and pay any sum recovered to the person to whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction.

(6) If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the [Municipality] may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.

194. Right of owner to divert drain on his land. - The owner of any land into, through or under which a drain has been carried under the provisions of the preceding section may, at any time, with the written permission of the [Municipality] and subject to such conditions as the [Municipality] impose, divert the drain at his own expense.

Scavenging and cleansing

195. Definition of house-scavenging. - House-scavenging means the removal of filth, rubbish, odour or other offensive matter from the dust-bin, privy, cesspool or other receptable for such matter in or pertaining to a house or a building.

196. Adoption and relinquishment by [Municipality] of house-scavenging, etc. - Subject to the provisions hereinafter contained with respect to the rights of customary sweepers and of agriculturists, the [Municipality] may, -

(a) by public notice, undertake the house-scavenging of any houses or buildings or the [collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in the [municipal area] from a date not less than two months after issue of the notice;

(b) after giving, by public notice or otherwise not less than two months notice to the parties concerned, relinquish an undertaking under clause (a);

(c) on the application or with the consent of the occupier, at any time undertake the house-scavenging of a house or building or the [collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in any building or on any land or the removal of other offensive matter or rubbish from a building or land, on terms to be fixed by bye-law in this behalf; and

(d) after giving not less than two months notice to the occupier, relinquish an undertaking under clause (c).

197. Objections to adoption. - (1) The occupier of a house or building affected by a notice issued under clause (a) of Section 196 may at any time after the issue thereof, apply to the [Municipality] to exclude that house or building from the notice.

(2) The [Municipality] shall consider and pass orders upon such application within six weeks of the receipt thereof, and may by such order exclude such house or building from the notice.

(3) In deciding whether to exclude a house or building from the notice, the [Municipality] shall consider, among other matters, the efficiency of the arrangements for house-scavenging made by the occupier.

198. Continuance of house-scavenging once adopted by [Municipality]. - When the [Municipality] has undertaken the house-scavenging of a house or building under Section 196, it may continue to perform such house-scavenging with or without the consent of the occupier for the time being of such house or building.

199. Powers of municipal servants for house-scavenging. - The servants of the [Municipality] employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house-scavenging undertaken by the [Municipality].

200. Savings in favour of customary sweepers and of agriculturists. - Notwithstanding anything in Section 196, the [Municipality] shall not, except in accordance with the provisions of Sections 201 and 202, -

(a) undertake the house-scavenging of a house or building in respect whereof a sweeper has a customary right to do such house-scavenging without the consent of the sweeper; or

(b) undertake the house-scavenging of a house or building occupied by an agriculturist who himself cultivates a land within [municipal area] or in a village coterminous therewith without the consent of the occupier.

201. Punishment of customary sweepers for negligence. - (1) Should a sweeper who has a customary right to do the house-scavenging of a house or building (hereinafter called the customary sweeper) fail to perform such house-scavenging in a proper way the occupier of the house or building or the [Municipality] may complain to a Magistrate.

(2) The Magistrate receiving such complaint shall hold an enquiry, and, should it appear to him that the customary sweeper has failed to perform the house-scavenging of the house or building in a proper way or at reasonable intervals, he may impose upon such sweeper a fine which may extend to ten rupees, and upon a second or any later conviction in regard to the same house or building may also direct the right of the customary sweeper to do the house-scavenging of the house or building to be forfeited, and thereupon such right shall be forfeited [:]

[Provided that the Magistrate may at any stage during the pendency of the case under this sub-section authorise the] [Municipality] to undertake the house-scavenging of such house or building till final orders in the case are passed by him.

202. Procedure in case of default by agriculturists. - (1) Should an agriculturist who himself cultivates land within [municipal area] or in a village coterminous therewith fail to provide for the proper house-scavenging of a house or building occupied by him, the [Municipality] may complain to a Magistrate.

(2) The Magistrate receiving the complaint shall hold an inquiry and should it appear to him that the agriculturist has not provided for the proper house-scavenging of the house or building, he may pass an order empowering the [Municipality] to undertake the same, and thereupon the [Municipality] shall be entitled to undertake such house-scavenging.

Street regulations

203. Provisions of laying out and making a street before the construction of a building on a site which does not abut a public or private street. - [Except where a site abuts a public or private street, if any person owning or possessing any land not hitherto used for building purposes intends to utilise, sell, lease or otherwise transfer such land or any portion thereof as site for the construction of a building, he shall, before utilising, selling, letting or otherwise transferring such site, lay out and make a street which shall connect such site with an existing public or private street].

[204. Permission to lay out and make a street. - (1) Every person before beginning to lay out or make a new private street shall submit an application in writing to the] [Municipality] seeking permission to lay out or make such street and shall, alongwith such application, submit plans showing the following particulars, -

(a) the proposed level, direction and width of the street;

(b) the street alignment and the building line and shall also state in the application the arrangements to be made for the levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting of the street.

(2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of a public street and the height of a building abutting thereon shall apply to the case of a street referred to in sub-section (1), and all other particulars referred to in that sub-section shall be subject to the approval of the [Municipality].

(3) Within 60 days after the receipt of an application under sub-section (1) the [Municipality] shall either sanction the laying out or the making of the street on such conditions as it may think fit to impose or disallow it, or ask for further information with respect to it within a specified reasonable period.

(4) Such sanction may be refused, -

(i) if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the [Municipality], likely to be made for carrying out any general scheme of street improvement, or

(ii) if the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2), or

(iii) if the proposed street is not designed so as to connect at least at one end with a public or a private street which is already connected with a public street.

(5) No person shall lay out or make any new private street or road without, or otherwise than in conformity with the orders of the [Municipality]. If further information is asked for under sub-section (3) the laying out or making of the street shall not be commenced until orders have been passed on the application after receipt of such information :

Provided that the passing of such order shall not in any case be delayed by more than 30 days after the [Municipality] has received all the informations which it considers necessary for the final disposal of the application.

[205. Sanction of the] [Municipality] to be presumed for laying out and making of a street in certain cases. - Should the [Municipality] neglect or omit for 60 days after the receipt of an application under sub-section (1) of Section 204 or if an order has been issued under sub-section (3) asking for further information, fail within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the [Municipality], such person may, by a written communication, call the attention of the [Municipality] to the omission, neglect or failure, and if such omission, neglect or failure continues for a further period of 30 days, the [Municipality] shall be deemed to have sanctioned the laying out and making of the proposed street absolutely :

Provided that nothing contained herein shall be construed to authorise any person to act in contravention of any provisions of the Act or any bye-laws.

206. Duration of sanction. - (1) A sanction given or deemed to have been given by a [Municipality] under [Sections 204 and 205] shall be available for one year.

(2) After the expiry of the said period the proposed street may not be commenced except in pursuance of a further sanction applied for and granted under the foregoing sections.

207. Illegal making of a street. - Whoever begins, continues or completes the laving out or making of a street without giving the notice required by Section [204] or in contravention of any written directions made by the [Municipality] under Section 205 or any bye-law or any provision of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees.

208. Power of [Municipality] to alter unsanctioned street and demolish the same. - [(1) If any person lays out or makes any street referred to in Section 204, without or otherwise than in conformity with the orders of the] [Municipality], the [Municipality] may, notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing, -

(a) require the offender to show sufficient cause by a written statement signed by him and sent to the [Municipality] on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the [Municipality], or if such alteration be impracticable, why such street should not be demolished, or

(b) require the offender to appear before the [Municipality] either personally or by a duly authorised agent, on such day of such time and place as may be specified in the notice, and show cause as aforesaid.

(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the [Municipality], the [Municipality] may pass such order directing the alteration or demolition of the street as it thinks fit.

209. Sanction of [Municipality] to projections over streets and drains. - (1) Subject to any rules made by the [State Government] prescribing the conditions for the sanction by a [Municipality] of projections over streets or drains, a [Municipality] may give written permission, where provision is made by a bye-law for the giving of such permission, -

(a) to the owners or occupiers of buildings in or on streets to erect or re-erect open verandahs, balconies, or rooms, to project over the street from any upper storey thereof, at such height from the surface of the street, and to such an extent beyond the line of the plinth or basement wall as are prescribed in such bye-laws; and

(b) to the owner or occupier of any building or land to erect or re-erect any projection or structure so as to overhang, project into, or encroach on or over a drain in a street to such an extend, and in accordance with such conditions, as are in like manner prescribed.

(2) In giving permission, under clause (a) of sub-section (1), a [Municipality] may prescribe the extent to which, and the conditions under which, any roofs, caves, weather-boards, shop-boards and the like may be allowed to project over such streets.

210. Penalty for construction of projections over streets or drains without permission. - Any person erecting or re-erecting any such projection or structure as is referred to in Section 209 without the permission thereby required or in contravention of any permission given thereunder shall be liable for conviction to a fine which may extend to [one thousand rupees and in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court shall not be less than two hundred and fifty rupees.]

211. Power to remove encroachments and projections over streets and drains. - The [Municipality] may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein :

Provided that in the case of any such projection or structure lawfully in existence on or before the tenth day of March 1900, the [Municipality] shall make compensation for any damage caused by the removal or alteration, which shall not exceed ten times the cost of erection and demolition.

212. Power to require levelling, paving, etc. of a street. - [(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, or lighted to the satisfaction of the] [Municipality], the [Municipality] may by notice require the owners or occupiers of premises [or lands], fronting, or abutting such street or part thereof to carry out any work which in its opinion may be necessary and within such time as may be specified in such notice.

(2) If such work is not carried out within the time specified in the notice, the [Municipality] may, if it thinks fit, execute it and the expenses incurred shall be recovered from the owner or occupiers in default under Chapter VI according to the frontage of their respective premises [or lands] and in such proportion as may be settled by the [Municipality].

(3) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of the preceding sub-sections, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public street.

212A. Power of the [Municipality] to control and regulate the construction of any building or street and drains beyond [Municipal area]. - [Notwithstanding anything contained elsewhere in this Act, a] [Municipality] may subject to such conditions and limitations as may be prescribed, control and regulate under this Chapter the construction of any building, street or drain, beyond the [limits of municipal area] up to a distance of five miles.

213. Power to require the protection of streets during erection of buildings, etc. - (1) No person shall cut down any tree or cut off a branch of any tree, or erect or re-erect or demolish any building or part of to building, or alter or repair the outside of any building where such action is of a nature because obstruction, danger or annoyance or risk of obstruction, danger or annoyance, to any person using a street, without the previous permission in writing of the [Municipality].

(2) The [Municipality] may at any time by notice require that any person doing or proposing to do any of the act referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice, and may further at any time by notice required the removal, within a time to be specified in the notice, of any screen or hoarding erecting in anticipation or in pursuance of any of the said acts.

(3) Whoever contravenes the provisions of sub-section (1) shall be liable on conviction to a fine which may extend to [five hundred] rupees and to a further fine which may extend to [ten] rupees for every day on which contravention continues after the date of the first conviction.

214. Power to require trimming of hedges and trees. - The [Municipality] may, by notice, require the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.

215. Power to remove accidental obstructions. - When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain and encumber a street, the [Municipality] may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.

216. Regulation of troughs and drain water pipes affecting a street. - The [Municipality] may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land, and for discharging the same in such manner as the [Municipality] may think fit, so as not to inconvenience persons passing along the street.

217. Naming of streets and numbering of buildings. - (1) The [Municipality] may, -

(a) [with the prior approval of the Prescribed Authority] cause a name or a new name to be given to a street; and

(b) cause the name or a new name to be affixed to or marked on any building in such position as it thinks fit; or

(c) require by a written notice the owner or occupier of any building to affix thereto a number plate or new number plate to a pattern approved by the [Municipality] or itself cause a number or a new number to be affixed to or marked on any building.

(2) Any person destroying, pulling down, defacing or altering any name or number or number plate affixed to or marked on a building under sub-section (1) or affixing to or marking on a building a different name or number from that affixed or marked by or under the order of the [Municipality] shall be liable on conviction to a fine which may extend to [two hundred and fifty] rupees.

218. Power to attach brackets to buildings, etc. - (1) The [Municipality] may erect upon any premises, or attach to the outside of any building or to any tree, -

(a) posts, brackets or other supports for oil, gas, electric or other lamps;

(b) posts, brackets or other supports for telegraph wires, telephone wires or wires conducting electricity for locomotive purposes; or

(c) shafts or pipes deemed necessary for the proper ventilation of drains and water-works.

(2) Provided that the erection or attachment of such supports, shafts and pipes shall not be effected in a manner to occasion injury or inconvenience and shall be subject, so far as may be, to any provisions of the Indian Telegraph Act, 1885, applying to the attachment, removal or alteration of a telegraph line or posts.

Public streets

219. Power to construct, improve and provide sites on public streets. - A [Municipality] may, -

(a) lay out and make a new public street and construct tunnels and other works subsidiary to the same; and

(b) widen, lengthen, extend, enlarge or otherwise improve any existing public street if vested in the [Municipality]; and

(c) turn, divert, discontinue or close any public street so vested; and

(d) provide within its discretion building sites of such dimensions as it thinks fit to abut on or adjoin any public street made, widened, lengthened, extended, enlarged or improved by the [Municipality] under clauses (a), (b) and (c) or by the State Government; and

(e) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the [Municipality], acquire any land alongwith the buildings thereon, which it considers necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred by the preceding clauses; and

(f) subject to the provisions of any rule prescribing the conditions on which property vested in the [Municipality] may be transferred, lease, sell or otherwise dispose of any property acquired by the [Municipality] under clause (e) or any and used by the [Municipality] for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit.

220. Use of public streets by vendors and other persons. - Notwithstanding any right or privilege (previously) acquired, accrued, or enjoyed in a [municipal area] for which bye-laws under sub-head (b) of heading E of Section 298 have been made and are in force, no itinerant vendor, or any other person, shall be entitled to use or occupy any public street or place for the sale of articles or for the exercise of any calling or for the setting up of any booth or stall without the permission of the [Municipality] given in accordance with such bye-laws.

221. Adoption of a street as a public street - [(1) A] [Municipality] may at any time, and shall, when required by a requisition under sub-section (3) of Section 212 by public notice posted up in a street, that is not a public street, or in part of such street, give intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up the owner or owners of such street or such part of a street, or of a greater portion thereof, may lodge objections at the municipal official against the notice. The [Municipality] shall consider the objections lodged, and if it rejects them, may, by further public notice posted up in such street or such part, declare the same to be a public street.

(2) Any public notice required under sub-section (1) shall, in addition to being posted up in the street, be published in a local paper (if any) or in such other manner as the [Municipality] thinks fit.

222. Power to regulate line of buildings on public streets. - (1) Whenever the [Municipality] considers it expedient to define the general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so.

(2) Every such notice shall specify a period within which objections will be received.

(3) The [Municipality] shall consider all objections received within the specified period and may then pass a resolution defining the said line, and the line so defined shall be called "the regular line of the street".

(4) Thereafter it shall not be lawful for any person to erect, re-erect or alter a building or part of a building so as to project beyond the regular line of the street, unless he is authorised to do so by a sanction granted under Section 180 or by a permission in writing (and the [Municipality] is hereby empowered to grant such permission) under this section.

(5) Any owner of land who prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the [Municipality] to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the [Municipality].

(6) The [Municipality] may, by notice, require the alteration or demolition of any building or part of a building erected, re-erected of altered in contravention of sub-section (4).

223. Duties of [Municipality] when constructing public streets, etc. - (1) The [Municipality] shall, during the construction or repair of a public street or of any water-works, drains or premises vested in it, or whenever any public street, water-works, drains or premises vested in it have, for want of repair or otherwise become unsafe for use by the public, take all necessary precautions against accident by, -

(a) shoring up and protecting adjacent buildings; and

(b) fixing bars, chains or posts across or in any street for the purpose of preventing or diverting traffic during such construction or repair; and

(c) guarding and providing with sufficient lighting from sunset to sunrise any work in progress.

(2) Whoever, without the authority or consent of the [Municipality] in any way interferes with any arrangement or construction made by the [Municipality] under sub-section (1) or guarding against accident shall be liable on conviction to a fine which may extend to fifty rupees.

Water supply

224. Power of [Municipality] to construct and alter water-works. - The [Municipality] may, -

(a) construct water-works within or, subject to the provision of sub-section (2) of Section 120, outside the [municipal area], and may carry such works through, across, over or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through, over or under any buildings or land;

(b) from time to time enlarge, lessen, alter the course of, cover in or otherwise improve any water-works and discontinue, dose up or remove the same;

(c) with the previous sanction of the State Government, grant to any person or company a licence to supply water within [municipal area] and for this purpose to lay down mains and pipes, construct water-works and do all other necessary acts or things; and

(d) with the same sanction, transfer all or any part of it existing waterworks to the management of such licensee :

Provided that such sanction shall not be given unless the State Government is satisfied that it will be in the best interest of the public concerned.

224A. Powers and liabilities of licensee. - (1) When a licence is granted under clause (c) of Section 224, the rate at which, the manner in which, and the person by whom, payments shall be made to the licensee for water supplied by him and the terms and conditions on which the licensee may grant water connections to the consumers shall be settled between the [Municipality] and the licensee and entered in the licence, and the [Municipality] may delegate to the licensee any of the powers conferred on it by this Act or rules relating to water-works and water-supply :

Provided that the power of assessment of water-tax and of its recovery otherwise than by a civil suit shall not be delegated to the licensee.

(2) Such licensee with the previous sanction of the [Municipality] may exercise the powers conferred on the [Municipality] by Sections 225 and 227 of this Act.

[224B. Revocation of existing licences. - Every licence granted under clause (c) of Section 224 shall, if not already revoked, stand revoked with effect from June 13, 1975.]

[224C. Provisions where licence of a licensee is revoked. - (1) Where the licence of a licensee is revoked under Section 224-B as it stood immediately before the commencement of the U.P. Municipalities (Amendment) Act, 1975, or where such licence stands revoked by virtue of the new Section 224-B as substituted by the said Act, all the property pertaining to the water-works (namely, all existing water supply services, including all plants, machinery, water-works, pumping sets, filter beds, water mains and pipes laid down along, over or under any public street, and all buildings and other works, materials, stores and things appurtenant thereto) belonging to or vested in the licensee immediately before the date of revocation of the licence (hereinafter in this section referred to as the 'said date') shall as from the said date vest in and stand transferred to the] [Municipality] free from any debt, mortgage or similar obligation of the licensee attached to such property :

Provided that any such debt, mortgage or similar obligation shall attach to the amount referred to in sub-section (2) in substitution for such property.

(2) Where any property belonging to the licensee vests in the [Municipality] under sub-section (1), not being water-works of which only the management was transferred to him by the [Municipality] under clause (d) of Section 224 the [Municipality] shall pay to such licensee an amount determined as hereinafter provided in this section :

Provided that the licensee shall, in addition to the said amount, be paid interest thereon on the Reserve Bank rate ruling on the said date plus one per centum for the period from the said date to the date of payment of the said amount.

(3) The State Government shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to accounts, to be Special Officer to assess any amount payable under this section to the licensee after making the deductions mentioned in this section.

(4) (a) The Special Officer may call for the assistance of such officers and staff of the State Government in the Local Self-Government Engineering Department or of the licensee as he may deem fit for assessing the net amount payable.

(b) The Special Officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters

(i) enforcing the attendance of any person and examining him on oath;

(ii) compelling the production of documents; and

(iii) issuing commissions for the examination of witnesses.

The Special Officer shall also have such further powers as may be specified by the State Government by notification in the Gazette.

(5) The gross amount payable to such licensee shall be the aggregate value of-the amounts specified below, -

(i) the book value of all completed works in beneficial use pertaining to the water-works and taken over by the [Municipality] (excluding works paid for by the consumers), less depreciation calculated in accordance with the Table appended to this section;

(ii) the book value of works in progress taken over, excluding works e paid for by the consumers or prospective consumers;

(iii) the book value of all stores, including spare parts taken over and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Special Officer;

(iv) the book value of all other fixed assets in use on the said date and taken over, less depreciation calculated in accordance with the said Table;

(v) the book value of all plants and equipments existing on the said date, if taken over, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in accordance with the said Table.

Explanation. - The book value of any fixed asset means its original cost, and shall comprise, -

(i) the purchase price paid by the licensee for the assets, including the cost of delivery and all charges properly incurred in erecting and bringing the assets into beneficial use, as shown in the books of the licensee;

(ii) the cost of supervision actually incurred, but not exceeding fifteen per cent of the amount referred to in paragraph (i) :

Provided that before deciding the amount under this sub-section, the licensee shall be given an opportunity by the Special Officer of being heard, after giving him a notice of at least 15 days therefor.

(6) The [Municipality] shall be entitled to deduct the following sums from the gross amount payable under sub-section (5) to the licensee, -

(a) all amounts and arrears of interest, if any, thereon, due from the licensee to the [Municipality];

(b) all amounts and arrears of interest, if any, thereon, due to the State Government or the State Electricity Board;

(c) any amount of wages, bonus, gratuity, provident fund or other payments due to remaining unpaid on the said date to persons employed as workmen (within the meaning of the U.P. Industrial Disputes Act, 1947), in connection with the water-works;

(d) any amount which licensee may have failed to pay in respect of either Iris contribution or the employees' contribution realised by him or any other dues recoverable from licensee under the Employees' Provident Fund Act, 1952 or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the water-works.

(7) The liability of the licensee towards the State Government or the State Electricity Board or towards his employees, as the case may be, to the extent of deduction made under sub-section (7) shall stand discharged. Upon any such deduction being made the [Municipality] shall to that extent be liable to make payment to the State Government, the State Electricity Board or the workmen, as the case may be.

(8) Where the gross amount payable to the licensee is equal to or less than the amount to be deducted under this section no payment shall be made to the licensee by the [Municipality].

(9) The amount, if any, payable by the [Municipality] to the licensee shall be as determined by the Special Officer under sub-sections (5), (6) and (8) and nothing in Section 324 shall be construed to apply in relation to the determination of the amount payable by the [Municipality] under this section.

Table of depreciation based on the period of life expectancy of various assets

There shall be deducted for each year in respect of fixed assets employed in the licensee's undertaking such an amount as would, if set aside annually throughout the period specified in the following table and accumulated at compound interest at four per cent per annum, produce at the end of the said period an amount equal to ninety per cent of the original cost of the asset after taking into account the sums already written off or set aside in the books of licensee :

Column 1

Description of asset      Column 2

Number of years or period

A. Land owned under full title  Infinite

B. Land held under lease.           The period of the lease or the period remaining unexpired on the assignment of the lease.

C. Assets purchased now, -       

(a) building and Civil Engineering works of a permanent character not mentioned above -           

(i) Offices          Fifty

(ii) Temporary erections such as wooden structures.     Five

(iii) Roads other than Kachcha Roads.   One hundred

(iv) Others        Fifty

(b) Self-propelled vehicles         Seven

(c) (i) Office furniture and fittings.          Twenty

(ii) Office equipment   Ten

D. Assets purchased second hand and assets not otherwise proposed for in this Table.   Such reasonable period as the Special Officer determines in each case having regard to the nature, age and condition of the asset at the time of its acquisition by it.

225. Power to require private water-course, etc. to be cleaned or closed. - (1) The [Municipality] may, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse or decaying vegetation and may also require him to protect the same for pollution in such manner as the [Municipality] may think fit.

(2) When the water of any such water-course, spring, tank, well or other place is proved to the satisfaction of the [Municipality] to be unfit for drinking, the [Municipality] may, by notice, require the owner, or person having control thereof to desist from so using such water or permitting others to so use it, and if, after such notice such water is used by any person for drinking, the [Municipality] may, by notice, require the owner or person having control thereof to close such well either temporarily or permanently, or to enclose or fence such water-course, spring, tank, well or other place in such manner as it may direct, so that the water thereof may not be so used.

226. Emergent powers on outbreak of epidemic. - In the event of a [municipal area], or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the [President] of the [Municipality] or any person authorised by him in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further, take such steps as he deems fit to prevent the removal of water therefrom.

227. Removal of latrines, etc. near any source of water supply. - The [Municipality] may by notice require an owner or occupier on whose land a drain, privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.

228. Obligation of [Municipality] imposing water-tax. - (1) [Every municipality] in which a water-tax is imposed, shall be bound, -

(a) throughout a prescribed area or prescribed areas -

(i) to maintain a system of water-supply through pipes, and

(ii) to lay on water at a prescribed pressure and during prescribed hours, and

(iii) to supply in all the chief streets in which mains have been laid, water to stand-pipes or pumps situated at such intervals as are prescribed; and

(b) [subject to the rules as may be framed] to allow the owner or occupier of any building or land assessed to a prescribed minimum water-tax to connect for the purpose of obtaining water for domestic purposes, the building or land with a main by means of a communication pipe of the prescribed size and description; and

(c) to supply, within every twenty-four hour, to every owner or occupier entitled to a house connection under clause (b) whose land or building is provided therewith such amount of water as is prescribed with reference to the water-tax payable by him and his estimated requirements for domestic purposes, into a storage cistern erected in or on the building or land, of a capacity not less than such amount and of a prescribed pattern and at an altitude not exceeding the maximum prescribed for the same.

(2) The word "prescribed" in sub-section (1) means prescribed by rule under Section 235.

229. Supply of water by agreement. - Every [Municipality] may by agreement supply any owner or occupier of land with any water that he may require for any purpose for such remuneration, consistent with any rate or rates prescribed by rule, and on such terms and conditions, consistent with this Act and with any rule, as are agreed on between the [Municipality] and such owner or occupier.

230. Charges for water supply. - (1) When any building or land is connected with a main, the [Municipality] may, so far as is consistent with any agreement made under Section 2.29, charge the owner, lessor, or occupier, whichever is prescribed by rule, for all water consumed at the rate or rates so prescribed.

(2) Provided that the [Municipality] shall deduct from the charge on account of water supplied in any month one-twelfth of the water-tax assessed on the building or land.

231. Exemption of [Municipality] from liability owing to accident, etc. - Notwithstanding any obligation imposed on a [Municipality] by Section 228 or by any agreement made under Section 229, a [Municipality] shall not be liable to any forfeiture, penalty or damages for failure to supply water, if the failure to supply arises from accident or from unusual drought or other unavoidable cause.

232. Subordination to supply for domestic purposes of supply for other purposes. - Notwithstanding any obligation to supply water imposed by an agreement under Section 229, the [Municipality] may at any time cease to supply water for other than domestic purposes, if it is of the opinion that such supply would interfere with the supply of water for domestic purposes, in such case the [Municipality] shall not be liable to any forfeiture, penalty or damages for so ceasing, -

(a) unless the failure to supply such water arises from a cause other than one specified in Section 231; and

(b) unless the [Municipality] has undertaken to supply water for other than domestic purposes by an agreement made under Section 229, making provision for forfeiture, penalty or damages upon failure to supply such water.

233. Subordination of rights of supply to restrictive rules. - Notwithstanding anything contained in Section 228 or in any agreement under Section 229, the supply of water to any building or land shall be, and shall be deemed to have been granted, subject to the provisions of any rule made under Section 235, and in particular to any provision as to the limit or stoppage of the supply and as to the prevention of waste and misuse.

234. Provision as to meters and connection pipes. - All meters, connection pipes and other works incidental to the supply of water to any building or land shall except as otherwise provided by rule, be supplied, repaired extended and altered as may be necessary, at the expense of the person requiring the supply, but shall be under the control of the [Municipality].

235. Water-supply rules. - (1) The following matters relating to supply of water from municipal or public water works shall be regulated and governed by rules, namely, -

(a) any matter in respect of which this Act declares that provision shall be made by rule;

(b) the size and nature of the mains and pipes to be laid and the water works to be constructed by a [Municipality] for the supply of water;

(c) the construction, control and maintenance of municipal waterworks and of pipes and fittings in connection therewith;

(d) the size and nature of the stand-pipes or pumps to be erected by a [Municipality];

(e) the mains or pipes in which fire-plugs are to be fixed and the places at which keys of the fire-plugs are to be deposited;

(f) the periodical analysis by a qualified analyst of the water supply by a [Municipality];

(g) the conservation and prevention of injury or contamination to sources and means of water supply and appliances for the distribution of water, whether within or without [the municipal area];

(h) the manner in which connections with water works may be constructed or maintained and the agency which shall or may be employed for such construction or maintenance;

(i) the regulation of all matters and things connected with the supply and use of water and the turning on and turning off and preventing waste of water;

(j) the collection of water-tax and of charges relating to the supply of water and the prevention of evasion of the same; and

(k) any other matter relating to the supply of water in respect of which this Act makes no provision or insufficient provision and further provision is, in the opinion of the State Government, necessary.

(2) Provided that no rule shall be made under sub-section (1) affecting a cantonment or part of a cantonment without the previous sanction of the Central Government.

[235A. Rules relating to the supply of water by a person or company. - The following matters relating to the grant of a licence under clause (c) of Section 224 of the Act shall be regulated and governed by rules to be made by the State Government subject to the conditions prescribed in Section 300, -

(1) the selection of a licensee;

(2) the form of application for a licence;

(3) the form of licence;

(4) the preparation and submission of returns and accounts by the licensee in a prescribed form;

(5) duties of a licensee;

(6) the securing of a regular and wholesome supply of water by the licensee to consumers;

(7) the appointment of an officer of a specified rank and class to ensure that the provisions of the Act and the rules relating to water-works are being properly carried out; and

(8) any other matter which is necessary for the proper working of the licence.]

Power for removal of structures interfering with public works

236. Unauthorised construction of street over drain or water-work. - (1) Where, on or after the 10th day of March, 1900, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the [Municipality] over a public drain or culvert or a water-work vested in the [Municipality], the [Municipality] may, -

(a) by notice require the person who has made the street, erected the structure or planted the tree, or the owner or occupier of the land on which the street has been made, structure erected or tree planted, remove or deal in any other way the [Municipality] thinks fit with the street, structure or tree; or

(b) itself remove or deal in any other way it, thinks fit with the street, structure or tree.

(2) Any expense incurred by a [Municipality] by action taken under clause (b) of sub-section (1) shall be recoverable in the manner prescribed by Chapter VI from the person by whom the street was made, structure erected or tree planted.

Chapter VIII

Other Powers And Penalties

Markets, slaughter-houses, sale of food, etc.

[237 and 238. [***]

OLD LAW

237. Places for slaughter of animals for sale. - (1) the [Municipality] may, with the approval of the District Magistrate, fix premises, either within or without the limits of the [municipal area] for the slaughter or animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises.

(2) When such premises have been fixed by the [Municipality] beyond [the limits of municipal area], it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.

(3) When such premises have been fixed, no person shall slaughter any such animal for sale at any other place within the [municipal area].

(4) Should any one slaughter for sale any such animals at any other place within the [municipal area], he shall be liable on conviction to a fine which may extend to twenty rupees for every animal so slaughtered.

238. Places for slaughter of animals not intended for sale or slaughter for religious purpose. - The [Municipality] may, by public notice, and with the previous sanction of the District Magistrate, fix premises within the [municipal area] in which the slaughter of animals of any particular kind not for sale shall be permitted and prohibit, except in case of necessity, such slaughter elsewhere within the [municipal area] :

Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.

239. Powers of District Magistrate in respect of animals not slaughtered for sale. - Whenever it appears to District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the [Prescribed Authority], prohibit or regulate, by public notice, the slaughter within the limits of a [municipal area] of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to, and meat shall be conveyed from, the place of slaughter.

240. Disposal of flesh imported in contravention of a bye-law regulating importation. - Should the flesh of any cattle, sheep, goat or swine be brought within [the limits of municipal area] in contravention of a bye-law made under sub-head (e) of Heading F of Section 298, it may be seized by an officer of [Municipality] authorized in that behalf, and may be destroyed or otherwise disposed of as the [Municipality] may, by general or special order, direct.

241. Licensing of markets and shops for sale of certain articles. - (1) The right of any person to use any place, within the limits of a [municipal area], other than a municipal market, as a market or shop for the sale of animals, meat or fish intended for human food, or as a market for the sale of fruit or vegetables, shall be subject to bye-laws (if any) made under Heading F of Section 298.

(2) Provided that, where any bye-law is in force requiring a licence for the establishment or maintenance of a market or shop for the sale of any article mentioned in sub-section (1), the [Municipality] shall not, -

(a) refuse a licence for the maintenance of a market or shop lawfully established at the date of such bye-law coming into force, if application be made within six months from such date, except on the ground that the place where the market or shop is established fails to comply with any conditions prescribed by or under this Act; or

(b) cancel, suspend or refuse to review any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with any provision of, or made under this Act.

242. Improper feeding of animals kept for dairy purposes or used for food. - Whoever feeds, or allows to be fed an animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances, shall be liable on conviction to a fine which may extend to fifty rupees.

243. Inspection of places for sale of food, drink and drugs. - The [President], the executive officer, [the medical officer of health] and, if authorised in this behalf by resolution, any other member, officer or servant of the [Municipality] may, without notice at any period of the day or night, enter into and inspect a market, shop, shall or place used for the sale of food or drink for man or as a slaughter-house; or for the sale or drugs, and inspect and examine any article of food or drink, or any animal or drug which may be therein.

244. Seizure of unwholesome articles and removal of deleterious and unspent drugs. - (1) If in the course of the inspection of a place under the preceding section, an article of food or drink or animal appears to be intended for the consumption of man and to be unfit therefor, the [Municipality] may seize and remove the same, or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption.

(2) If it is reasonably suspected that a drug has been improperly adulterated, or by reason of age or the effect of climate has become inert or unwholesome, or has otherwise become deteriorated in such a manner as to lessen its efficacy, or to change its operation, or to render it noxious, the [Municipality] may remove the same, giving a receipt therefor, and may produce it before a Magistrate.

(3) If it appears to a Magistrate before whom a drug has been produced under sub-section (2) that the drug has been improperly adulterated or has become inert, unwholesome or deteriorated as aforesaid, he may order the same to be destroyed, or to be so disposed of as to him may deem fit, and if any offence appears to have been committed, he may proceed to take cognizance thereof.

Nuisances for certain trades and professions

245. Regulation of offensive trades. - (1) If it is shown to the satisfaction of a [Municipality] that any building or place within the limits of the [municipal area] which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the [Municipality] may at its option require by notice the owner or occupier of the building or place, -

(a) to desist or refrain, as the case may be, from using, or allowing to be used, the building or place for such purpose; or

(b) only to use, or allow to be used, the building or place for such purpose under such conditions or alter such structural alterations as the [Municipality] imposes or prescribes in the notice with the object of rendering the use of the building or place for such purpose free from objection.

(2) Whoever, after receiving a notice given under sub-section (1) uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to two hundred rupees and to a further fine which may extend to forty rupees for every day on which he so uses or allows to be used the place of building after the date of the first conviction.

(3) The State Government may, by notification, make the provisions of this section, or of any bye-law made under Heading G of Section 298, applicable to any area beyond the [municipal area] lying within a distance of a mile from the [boundary of the municipal area].

246. Loitering and soliciting for immoral purpose. - Whoever, in a street or public place within the limits of the [municipal area] loiters for the purpose of prostitution or importunes a person to the commission of sexual immorality, shall be liable on conviction to a fine which may extend to fifty rupees :

Provided that no Court shall take cognizance of an offence under this section except on the complaint of the persons importuned, or on the complaint of a municipal officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the [Municipality] and the District Magistrate.

247. Brothels, etc. - (1) When a Magistrate of the first class receives information, -

(a) that a house in the vicinity of the place of worship or an educational institution or a boarding house, or hostel or mess used or occupied by student is used as a brothel or for the purpose of habitual prostitution or by disorderly persons of any description; or

(b) that any house is used as aforesaid to the annoyance of respectable inhabitants in the vicinity; or

(c) that house in the immediate neighbourhood of a cantonment is used as a brothel or of the purpose of habitual prostitution;

he may summon the owner, tenant, manager or occupier of the house to appear before him either in person or by agent; and if satisfied that the house is used as described in clause (a), (b), or clause (c), may, by a written order, direct such owner, tenant, manager, or occupier, within a period to be stated in such order, not less than five days from the date thereof, to discontinue such use :

Provided that action under this sub-section shall be taken only, -

(i) with the sanction or by order of the District Magistrate; or

(ii) on the complaint of three or more persons residing in the immediate vicinity of the house to which the complaint refers; or

(iii) [* * *] on the complaint of the [Municipality].

(2) If a person against whom an order has been passed by a Magistrate under sub-section (1) fails to comply with such order within the period stated therein, the Magistrate may impose on him a fine which may extend to twenty-five rupees for every day after the expiration of that period during which the house is so used.

248. Begging, etc. - [* * *] Whoever, in a street or public place within the [municipal area], begs importunately for alms, or exposes or exhibits, with the object of exciting charity a deformity or disease or an offensive sore or wound, shall be liable on conviction to imprisonment which may extend to one month or to a fine which may extend to fifty rupees or to both.

[* * *]

Public safety

249. Disposal of mad dog, etc. - The [Municipality] may authorize any person to destroy or to cause to be destroyed, or to confine or to cause to be confined, for such period as the [Municipality] may direct, any dog or other animal suffering, or reasonably suspected to be suffering, from rabies, or bitten by a dog or other animal suffering or suspected as aforesaid.

250. Muzzling order. - (1) Where in any [municipal area] the prevalence of rabies in the opinion of the [Municipality] renders it necessary, the [Municipality] may by public notice require the muzzling, for such period as it thinks fit or until such notice is cancelled, of all dogs within the [municipal area], or within any part of the [municipal area].

(2) During such period of time the [Municipality] may exercise the power conferred by Section 249 in respect of any dog which is found at large without a muzzle after a date to be specified in the notice.

251. Bar to compensation for dogs lawfully destroyed. - No damages shall be payable in respect of a dog or other animals destroyed or otherwise disposed of under the provisions of Section 249 or 250 or of any bye-law made under sub-head (h) or (l) of Heading H of Section 298.

252. Neglect of the rule of the road. - Whoever, in driving, leading or propelling a vehicle along a street, fails, except in the case of actual necessity, -

(a) to keep to the left; and

(b) when he is passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable on conviction to a fine which may extend to ten rupees.

Exception. - This section shall not apply in the case of a [municipal area] wholly or in part situated in a hilly tract.

253. Driving vehicles without proper lights. - Whoever drives, leads or propels a vehicle between nightfall and dawn in a street, unless the vehicle is properly supplied with lights, shall be liable on conviction to a fine which may extend to twenty rupees :

Provided that a [Municipality] may by a special resolution confirmed by the [Prescribed Authority] direct that this section shall not apply in the case of vehicles proceeding at not more than walking pace.

254. Failure to remove elephant, etc. to safe distance. - Whoever, being in charge of an elephant, camel or bear, omits, on being requested to do so, to remove so far as may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether ridden, driven or led, shall be liable on conviction to a fine which may extend to twenty rupees.

255. Prohibition of tethering of cattle, etc. on street. - (1) The owner or keeper of any cattle or other animals, found tethered, or straying about without a keeper in a street or public place shall be liable on conviction to a fine which may extend to [two hundred and fifty] rupees.

(2) An animal found tethered as aforesaid may be removed by a municipal officer or servant or by a police officer to a pound as if the animal had been found straying.

256. Halting vehicles or animals on public grounds. - Where any land vested in the [Municipality] [or any public place] is, without the permission in writing of the [Municipality], used as a halting place for any vehicle or animal or as a place of encampment, the owner or a keeper of the vehicle or animal or the person encamping, as the case may be, shall be liable on conviction to a fine which may extend to [one hundred] rupees and in the case of a continuing breach, to a further fine which may ox tend to [ten] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.

257. Power as to inflammable structures. - (1) The [Municipality] may, by public notice, direct that within certain limits to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats leaves, or other highly inflammable materials without the consent of the [Municipality] in writing.

(2) The [Municipality] may at any time by written notice require the owner of a building, which has an external roof or wall made of any such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the [Municipality] or before the issue of such public notice, if any :

Provided that in the case of any such roof or wall in existence before the issue of such public notice or made with the consent of the [Municipality], the [Municipality] shall make compensation for any damage caused by the removal which shall not exceed the original cost of constructing the roof or wall.

(3) Whoever, without such consent as is required by sub-section (1), makes or renews, or causes to be made or renewed or in disobedience to a notice given under sub-section (2) suffers to remain, a roof or wall or such material as aforesaid, shall be liable on conviction to a fine which may extend to twenty-five rupees and to a further fine which may extend to ten rupees for every day on which the offence is continued, after the date of the first conviction.

258. Power to search for inflammable materials in excess of authorized quantity. - (1) The [Municipality] may, without notice and at any period of the day or night, enter into and inspect a house or building which is suspected to contain petroleum, or other inflammable material, in excess of the quantity permitted to be kept in such house or building under the provision of Section 245 or of any bye-law.

(2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a Magistrate may pass with respect to it.

(3) If the Magistrate decides that the material seized was stored in the house or building contrary to any direction made under Section 245 or the provision of any bye-law, he may pass an order confiscating the same.

(4) Subject to any provision of, or made under, this or any other enactment, the material so confiscated may be sold by order of the Magistrate, and the proceeds, after defraying the expenses of such sale, shall be credited to the municipal fund.

(5) No order of confiscation under this section shall operate to prevent any other criminal or civil proceedings to which the person storing the material in excessive quantity may be liable.

259. Stacking, etc. of inflammable materials. - The [Municipality] may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons horn stacking or collecting wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in a place or within limits specified in the notice.

260. Dangerous quarrying. - (1) If, in the opinion of the [Municipality], the working of a quarry, or the removal of stone, earth or other material from the soil in any place is dangerous to persons residing in, or entitled to visit, the neighbourhood thereof, or creates, or is likely to create, a public nuisance, the [Municipality] may, by written notice, prohibit the owner of the said quarry or place, or the person responsible for such working or removal, from continuing or permitting the working of such quarry, or the removal of such materials, or may require him to take such order with such quarry or place as the [Municipality] shall direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.

(2) If, in any case referred to in sub-section (1) it appears to the [Municipality] to be necessary in order to prevent imminent danger, it may cause a proper hoarding or fence to be put up for the protection of passengers near a quarry or place, and any expense incurred by the [Municipality] in taking such action shall be paid by the owner or other person as aforesaid, and shall be recoverable in the manner provided by Chapter VI.

261. Displacing pavements, etc. - (1) Whoever displaces, takes up or makes an alteration in, or otherwise interferes with, the pavement, gutter, flags, or other materials of a public street or the fences, walls or posts thereof, or a municipal lamp, lamp post bracket, direction post, stand post, hydrant or other such municipal property therein, without the written consent of the [Municipality], or other lawful authority, and whoever extinguishes a municipal light shall be liable on conviction to a fine which may extend to one [thousand] rupees.

(2) Any expense incurred by the [Municipality] by reason of the doing of any such thing as is mentioned in sub-section (1) may be recovered from the offender in the manner provided by Chapter VI.

262. Discharging firearms, etc. - Whoever discharges firearms or lets off fireworks or fire-balloons, or engages in a game, in such a manner as to cause or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be liable on conviction to a fine which may extend to twenty rupees.

263. Power for the prevention of danger from ruinous buildings, unprotected wells, etc. - (1) A [Municipality] may require by notice the owner or occupier of any land or building, -

(a) to demolish or to repair in such manner as it deems necessary any building wall, bank or other structure, or anything, affixed thereto, or to remove any tree, belonging to such owner or in the possession of such occupier which appears to the [Municipality] to be in a ruinous condition or dangerous to persons or property; or

(b) to repair, protect or enclose, in such manner as it deems necessary, any well, tank reservoir, pool or excavation belonging to such owner or in the possession of such occupier, which appears to the [Municipality] to be dangerous by reason of its situation, want of repair or other such circumstances.

(2) Where it appears to the [Municipality] that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the [Municipality] itself to take such immediate action, and in such case, notwithstanding the provisions of Section 287, it shall not be necessary for the [Municipality] to give notice, if it appears to the [Municipality] that the object of taking such immediate action would be defeated by the delay incurred in giving notice.

264. Power to prevent unoccupied buildings or land becoming a nuisance. - The [Municipality] may, by notice, require the owner of a building or land which, by reason of abandonment or disputed ownership or other cause, is unoccupied and has become a resort of idle and disorderly persons or otherwise occasions, or is likely to occasion, a public nuisance, to secure and enclose the same within a reasonable time fixed in the notice.

265. Obstruction of street. - (1) Whoever without the written permission of the [Municipality], -

(a) causes or allows any vehicle, with or without an animal harnessed thereto, remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers; or

(b) leaves or fastens any vehicle or animal so as to cause obstruction in any street; or

(c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any street; or

(d) deposits or suffers to be deposited, any building materials, box, bale, package, or merchandise in any street; and

(e) erects or sets up any fence, rail, post, stall or any scaffolding or any other such fixture in any street; or

(f) in any manner willfully obstructs or causes obstruction of the free passage of any street;

shall be liable upon conviction to a fine which may extend to [five hundred rupees and in the case of a continuing breach to a further fine which may extend to ten rupees for every days after the day of first conviction during which the offender is proved to have persisted in the commission of the offence].

(2) The [Municipality] shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI.

(3) The power exercisable by a [Municipality] under sub-section (2) to remove obstructions from streets shall also be exercisable for the removal by the [Municipality] of obstructions from any open space, whether vested in the [Municipality] or not, which is not private property.

(4) Nothing contained in this section shall apply to any obstruction of a street permitted by the [Municipality] under any section of this Act or any rule or bye-law made or licence granted thereunder.

266. Digging up of public land. - Whoever, without the written permission of the [Municipality] digs up or removes earth, sand or other material from any open space, whether vested in the [Municipality] or not, which is not private property, shall be liable upon conviction to a fine not exceeding [five hundred] rupees, and, if the offence is a continuing offence, to a further fine not exceeding ten rupees for every day during which the offence continues after the date of the first conviction for such offence.

Sanitation and prevention of disease

267. Private drains, cesspools, dust bins, latrines, etc. - (1) A [Municipality] may require by notice the owner or occupier of any land or building, -

(a) to close, remove, alter repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool, dust-bin or other receptacle for filth, sullage-water, rubbish or refuse pertaining to such land or building, or to remove or alter any door or trap-door of any such latrine, urinal or water-closet which opens on to a street or drain; or

(b) to provide such latrines, urinals, water-closets, drains, cesspools, dust-bins or other receptacles for filth, sullage-water, rubbish or refuse as should in its opinion be provided for the building or land whether in addition or not to any existing ones; or

(c) to cause any latrine, urinal or water-closet provided for the building or land to be shut-off by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood.

(2) When requiring under sub-section (1) anything to be provided, altered or done, the [Municipality] may specify in the notice the description of the thing to be provided, the pattern so as to conform with which the thing is to be altered, and the manner in which the thing is to be done.

268. Latrines for factories, schools and places of public resort. - The [Municipality] may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre or other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleansed :

[Provided that nothing in this section shall apply to a factory regulated by the Indian Factories Act, 1911.]

269. Power to require removal of nuisance arising from tanks, etc. - (1) The [Municipality] may, by notice, require the owner or occupier of any land or building cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the [Municipality] to be injurious to health or offensive to the neighbourhood.

(2) Provided that the owner or occupier may require the [Municipality] to acquire at its expense, or otherwise, provide, any land or right in land necessary for the purpose of effecting drainage ordered under sub-section (1).

270. Inspection of drains, privies, etc - (1) Subject to the provisions of Section 278, the [Municipality] may inspect a drain, water-closet, latrine, urinal, cesspool or other receptacle for filth, and for that purpose may cause the ground to be opened where it thinks fit.

(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the [Municipality], unless the drain, privy, water-closet, latrine, urinal, cesspool or other receptacle for filth is found to be in bad order or condition, or was constructed in contravention of the any provisions of, or made under, this or any other enactment, in which case such expenses shall be paid by the owner or occupier and shall be recoverable in the manner, provided by Chapter VI.

271. Cleansing of filthy buildings or land. - Should any building or land be in a filthy or unwholesome state, the [Municipality] may, by notice, require the owner or occupier thereof to cleanse, or otherwise, put in a proper state, the building or land, and thereafter to keep the same in a clean and proper state.

272. Failure to remove offensive matter. - Whenever on any building or land, -

(a) any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter is kept for more than twenty-four hours, or otherwise than in some proper receptacle; or

(b) any receptacle for such things is suffered to be in a filthy or noxious state or is not subjected to any proper method of cleaning or purifying;

the owner or occupier of the building of land shall be liable on conviction, to a fine which may extend to fifty rupees, and, in the case of a continuing breach, to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender has been proved to have persisted in the commission of the offence.

273. Regulation of the disposal of rubbish, night-soil, etc. - (1) The [Municipality] may, -

(a) provide receptacles and places for the temporary deposit of offensive matter and rubbish;

(b) appoint places for the disposal of night-soil, carecasses and other offensive matters and rubbish; and

(c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposed of.

(2) It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed.

(3) Before appointing a place outside [the limits of the municipal area] under clause (b) of sub-section (1), the [Municipality] shall obtain the previous sanction of the District Magistrate.

274. Penalty for improper disposal of rubbish, night-soil, etc. - The occupier of any building or land from which any offensive matter, rubbish, night soil or carcass is thrown or deposited on any part of a public place or street, or into any public sewer or drain, or into any drain communicating with a public sewer or drain, otherwise than in a place appointed under clause (b) or in a receptacle provided under clause (a) of sub-section (1) of Section 273, and any person contravening any direction of a [Municipality] issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding [two hundred and fifty] rupees.

275. Disposal of dead bodies of animals. - (1) Whenever an animal in the charge of a person dies, otherwise than by being slaughtered either for sale or consumption or for some religious purposes, the person-in-charge thereof shall, within twenty-four hours, either, -

(a) convey the carcass to a place (if any) fixed by the [Municipality] under Section 273 for the disposal of the dead bodies of animals or to a place beyond [the limits of the municipal area] not being within one mile of those limits; or

(b) give notice of the death to the [Municipality], whereupon the [Municipality] shall cause the carcass to be disposed of.

(2) Every person bound to act in accordance with sub-section (1) shall, if he fails so to act, be liable upon conviction to a fine which may extend to ten rupees.

(3) For the disposal of the dead body of an animal under clause (b) of sub-section (1), the [Municipality] may charge such fee as the [Municipality] has prescribed, and may recover the same, if not paid in advance, from the owner or keeper of the animal in the manner provided by Chapter VI.

276. Penalty for discharging sewage on public street, etc. - Whenever the water of a sink, sewer or cesspool or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer to drain not set apart for the purpose without the permission in writing of the [Municipality] or in contravention of any condition prescribed in such permission, the owner or occupier of the land or building from which such water or offensive matter so flows, drains or is put shall be liable, upon conviction, to a fine which may extend to [two hundred and fifty] rupees.

277. Power to enter and disinfect buildings. - Subject to the provisions of Section 287, the [Municipality] may enter and inspect a building, and may be notice direct all or any part thereof to be internally or externally lime washed, disinfect or otherwise cleansed for sanitary reasons :

[Provided that nothing in this section shall apply to a factory regulated by the Indian Factories Act, 1911].

278. Building unfit for human habitation. - (1) Should a building, or a room in an building, be, in the opinion of the [Municipality], unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the [Municipality] may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely or unless within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice.

(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, it shall be lawful for the [Municipality] to require by further notice the demolition of the building or room.

279. Penalty for failure to give information of cholera, small-pox, etc. - Whoever, -

(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of cholera, plague, smallpox or other infectious disease that may be notified in this behalf by the [State Government] in any dwelling other than a public hospital in the [municipal area], or

(b) in default of such medical practitioner, being the owner or occupier of such dwelling, and being cognizant of the existence of any such infectious disease therein, or

(c) in default of such owner or occupier being the person-in-charge of, or in attendance on, a person suffering from any such infectious disease in such dwelling, and being cognizant of the existence of the disease therein,

fails to give [within twenty-four hours of becoming so-cognizant] or gives false information to such officer as the [Municipality] may appoint in this behalf respecting the existence of such disease, shall be liable upon conviction to a fine which may extend to fifty rupees :

Provided that a person not required to give information in the first instance, but only in default of some other person, shall not be punishable if it is shown that he had reasonable cause to suppose that the information had been, or would be, duly given.

[279A. Power to examine persons suspected to be suffering from infectious diseases. - When there is any reason to believe that a case of infectious disease notifiable under Section 279 has occurred in a building the Medical Officer of Health or other competent person deputed by him shall, subject to the provisions of Section 287, enter the said building and make an examination of the person or persons suspected to be suffering from the disease and may also obtain material for pathological examination, if necessary :

Provided that all females above the age of eight years shall be inspected by persons of their own sex only.]

280. Removal to hospital of patients. - When a person suffering or certified by a duly qualified medical practitioner to be suffering from cholera, plague, small-pox or any other infectious disease that may be notified in this behalf by the [State Government] is, -

(a) without proper lodging or accommodation, or

(b) living in a sarai or other public hostel, or

(c) living in a room or house which he neither owns nor is otherwise entitled to occupy, or

(d) lodged in a room or set of apartments occupied by more than one family and any of the occupiers objects to his continuing to lodge therein,

the [Municipality] may, on the advice of a medical officer of a rank not inferior to that of an assistant surgeon, remove the patient to a hospital or place at which person suffering from such disease are received for medical treatment, and may do anything necessary for such removal.

281. Penalty for acts done by persons suffering from certain disorders. - Whoever, while suffering from an infectious, contagious, or loathsome disorder, -

(a) makes or offers for sale an article of food or drink, for human consumption or a medicine or drug, or

(b) wilfully touches any such article, medicine or drug when exposed for sale by others, or

(c) takes any part in the business of washing or carrying soiled clothes,

shall be liable upon conviction to a fine which may extend to [fifty] rupees.

282. Prohibition of cultivation, use of manure or irrigation injurious to health. - (1) If [the Director of Medical and Health Services] or the Civil Surgeon or Health Officer certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner, -

(a) in a place within the limits of a [municipal area] is injurious or facilitates practices are injurious to the health of persons dwelling in the neighbourhood, or

(b) in a place within or beyond the limits of [municipal area] is likely to contaminate the water supply of such [municipal area] or otherwise render it unfit for drinking purposes,

the [Municipality] may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method or irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent injury or contamination.

(2) Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practised in the ordinary course of husbandry for the five successive years next preceding the date of prohibition, compensation shall be paid from the municipal fund to all persons interested therein for damage caused to them by such prohibition.

283. Power to require owners to clear away noxious vegetation. - The [Municipality] may, by notice require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood.

284. Power to require excavations to be filled up or drained. - (1) In a [municipal area] for which bye-laws have been made under sub-head (g) of Heading 1 of Section 298, the [Municipality] may, by notice require the owner or occupier of any land upon which an excavation, cesspool, tank or pit has been made in contravention of such bye-laws, or in breach of the conditions under which permission to dig any such excavation, cesspool, tank or pit has been granted to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice.

(2) The [State Government] may by notification extend the provision of this section and bye-laws made for the purposes of this section to an area beyond the [municipal area] lying within a distance of a mile from the [boundary of the municipal area].

285. Power in respect of burial and burning ground. - (1) The [Municipality] may, by public notice, order a burial or burning ground which is certified by the Civil Surgeon or the Health Officer to be dangerous, or likely to be dangerous, to the health of person living in the neighbourhood, to be closed from a date to be specified in the notice, and shall, in such case, if no suitable place for burial place exist within a reasonable distance, provide a fitting place for the purpose.

(2) Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the [Municipality] may impose in this behalf :

Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial or members of the family of the owners thereof.

(3) No burial or burning ground, whether public or private, shall be made of formed without the permission in writing of the [Municipality].

(4) No person shall, except with the permission of the [Municipality] in writing, bury or burn, or cause to be buried or burnt, a corpse in a place other than a recognised burial or burning ground.

(5) Should a person bury or burn, or cause or permit to be buried or burnt, a corpse, contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to [five hundred] rupees.

286. Bathing and washing places. - The [Municipality] may set apart suitable places for the purpose of bathing, and may specify the times at which, and the sex of the persons by whom such places may be used and may also set apart suitable places for washing animals or clothes or other things; and may by public notice prohibit bathing or the washing of animals or clothes or other things in a public place not so set apart, or at times or by persons other than those specified, and may in like manner prohibit an [* * *] act by which water in public places or rivers may be rendered foul or unfit for use or which causes or is likely to cause in convenience or annoyance to persons lawfully using such places.

Inspection, entry, search, etc.

287. Ordinary inspection. - (1) The President, the executive officer and, if authorised in this behalf by resolution, any other member, officer or servant of the [Municipality], may enter into or upon a building or land, with or without assistants or workmen, in order to make an inspection or survey or to execute a work which a [Municipality] is authorised by this Act, or by rules or bye-laws, to make a execute, or which it is necessary for a [Municipality], for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute :

(2) Provided that, -

(a) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset and sunrise; and

(b) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered, except with the consent of the occupier thereof, without going the said occupier not less than four hours previous written notice of the intention to make such entry; and

(c) sufficient notice shall in every instance by given even when any premises may otherwise be entered without notice, to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed; and

(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.

288. Preventive inspection. - Where there is reason to believe that, in any building or on any land, a work has been executed in connection with any municipal water-works, drainage works or other municipal undertaking in contravention of the provisions of this Act or of rules or bye-laws, the [President] or, if so directed by the [President] the executive officer [or the medical officer of health] may at any time and without notice inspect such building or land.

289. Powers for effecting entry. - It shall be lawful for a person authorised under the provisions of Section 287 or 288 to make an entry for the purpose of inspection or of search, to open to cause to be opened a door, gate or other barrier, -

(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and

(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.

290. Power of [Municipality] to require certain works to be executed by its own agency. - (1) The [Municipality] may by bye-law require any water-works, or work of the nature to which Sections 192, 267 and 268 refer, to be executed by municipal or other agency under its own orders.

(2) The expenses of any work so executed shall be paid by the person by whom the work would otherwise have been executed unless the [Municipality] shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.

(3) Any pipe, fittings, receptacles or other, appliances for or connected with any water-works or with the drainage or private buildings or lands shall, if supplied, constructed or erected at the expense of the [Municipality], to be municipal property unless the [Municipality] shall have transferred its interest therein to the owner of such buildings or land.

Rent and charges

291. Recovery of rent on land. - (1) Where any sum is due on account of rent from a person to a [Municipality] in respect of land vested in, or entrusted to the management of the [Municipality], the [Municipality] may apply to the Collector to recover any arrear of such rent as if it were an arrear of land revenue.

(2) The Collector on being satisfied that the sum is due shall proceed to recover it as an arrear of land revenue.

292. Recovery of rent of other immovable property. - Any arrears due on account of rent from a person to the [Municipality] in respect of immovable property other than land vested in or entrusted to the management of the [Municipality], shall be recovered in the manner prescribed by Chapter VI.

293. Fees for use, otherwise than under a lease of municipal property. - (1) The [Municipality] may charge fees to be fixed by bye-law or by public auction or by agreement, for the use or occupation (otherwise than under a lease) of any immovable property vested in, or entrusted to the management of the [Municipality] including any public street or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise.

(2) Such fees may either be levied along with the fee charged under Section 294 for the sanction, licence or permission or may be recovered in the manner provided by Chapter VI.

[293A. Power to impose fees. - A] [Municipality] may with the previous sanction of the State Government impose and levy fee for use of any place to which the public is allowed access and at which the [Municipality] may provide sanitary and other facilities to the public.

[293B. Power to levy user charges. - The municipality or any officer or agency or organisation authorised by it in this behalf may levy user charges, at such rates as may be prescribed from time to time by rules, for the -

(i) provision of water supply, drainage and sewerage;

(ii) solid waste management;

(iii) parking of different types of vehicles in different areas and for different periods;

(iv) using of public pathways, footpaths and public land;

(v) stacking of materials or rubbish on public street for construction, alteration, repair or demolition work of any type.

(vi) management of urban infrastructure and civic amenities;

(vii) construction, operation, maintenance and management of sewage treatment plants;

(viii) construction and maintenance of roads, bridges, flyovers and subways;

(ix) construction, maintenance and management of slaughter houses, carcass utilisation plants, meat and fish markets, etc;

(x) any other specific service rendered or infrastructure created or facility or amenity provided.]

294. Licence fees, etc. - The [Municipality] may charge a fee to be fixed by bye-law for any licence, sanctioned or permission which it is entitled to required to grant by or under this Act.

Obstruction to persons employed by [Municipality].

295. Penalty for obstructing persons employed by [Municipality]. - Whoever obstructs or molests a person employed by, or under contract with the [Municipality] under this Act in the performance of his duty or in the fulfilment of his contract, or removes a mark set up for the purpose of indicating any levels or direction necessary to the execution of works authorised by this Act, shall be liable on conviction to a fine which may extend to [one thousand rupees or to imprisonment for a period which may extend to six months or to both],

Chapter IX

Rules, Regulations And Bye-Laws

296. Obligation and power of State Government to make rules. - (1) The [State Government] shall make rules consistent with this Act in respect to the matters described in Sections [95, 127, 153 and 235].

(2) The [State Government] may make rules consistent with this Act, -

(a) providing for any matter for which power to make provision is conferred expressly or by implication, on the [State Government] by this or any other enactment in force at the commencement of this Act;

(b) generally for the guidance of a [Municipality] or any Government officer in any matter connected with the carrying out of the provisions of this or any other enactment relating to municipalities;

[(c) for the appointment of an ad hoc committee to advice the] [Municipality] on the preparation of master plan for the [municipal area] and its execution; and

(d) providing for the layout of public streets, residential and non-residential areas.

297. Power to make regulations as to procedure, etc. - (1) A [Municipality] may, by special resolution make regulations consistent with this Act, or with any rule under Section 296 or regulation under sub-section (2) made by the [State Government], as to all or and of the following matters, -

(a) the time and place of the meetings of a [Municipality];

(b) the manner of convening meetings, and of giving notice thereof;

(c) the conduct of proceedings [including the asking of questions by members] at meetings, and the adjournment of meetings;

(d) the establishment of committees, other than merely advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees;

(e) the avoidance of any entry shown in the third column of Schedule II;

(f) with reference to sub-section (2) of Section 77, the augmentation of any maximum or minimum monthly salary specified in Sections 74, 75 or 76 with reference to powers over the staff;

(g) the delegation of powers, duties or functions to -

(i) the [President] of the [Municipality];

(ii) a committee constituted under clause (d);

(iii) a Chairman of such committee;

(iv) the executive officer; or

(v) [* * *] any other servant of a [Municipality];

[(vi) any] [person in the service of the Government] who is employed as civil surgeon, medical officer-in-charge of a hospital or dispensary, medical officer of health, deputy inspector of schools or sub-deputy inspector of schools;

(h) the absentee or other allowances of the servants employed by [Municipality];

(i) the amount and nature of the security to be furnished by a servant of a [Municipality] from whom it is deemed expedient to require security;

(j) the grant of leave to servants of a [Municipality] and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave;

(k) the [conditions of service including] period of service of all servants of a [Municipality] and the conditions under which such servants, or any of them, shall, receive gratuities or compassionate allowances on retirement or on their becoming disabled through the execution of their duty, and the amount of such gratuities or compassionate allowance, and the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty;

(l) the payment of contributions, at such rates and subject to such conditions as maybe prescribed in such regulations, to a pension or provident fund established by the [Municipality] or with approval of the [Municipality], by the said servants;

(m) the conditions subject to which sums due to a [Municipality], may be written off as irrecoverable, and the conditions subject to which the whole or any part of fee chargeable for distress may be remitted; [* * *]

[(n) all matters similar to those set forth in clauses (e) to (m) and not otherwise provided for in this sub-section; and

(o) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section.]

(2) Provided that the [State Government] may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses [(d) and] (h) to [(n)] of sub-section (1), and any regulations so made shall have the effect of rescinding any regulation made by the [Municipality] under the said sub-section in respect of the same matter or inconsistent therewith.

298. Power of [Municipality] to make bye-laws. - (1) A [Municipality] by a special resolution may, and where required by the State Government shall, make, bye-laws applicable to the whole or any part of the [municipal area], consistent with this Act and with any rule, for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the [municipal area] and for the furtherance of municipal administration under this Act.

(2) In particular, and without prejudice to the generality of the power conferred by sub-section (1), the [* * *] [Municipality], wherever situated, may, in the exercise of the said power, make any bye-law described in List I below and the [* * *] [Municipality], wholly or in part, situated in a hilly tract may further make, in the exercise of the said power, any bye-law described in List II below :

LIST I

BYE-LAWS FOR ANY [MUNICIPALITY]

A - Building

(a) Extending, with reference to sub-section (2) of Section 178, the necessity of giving notice to all buildings;

(b) declaring, with reference to clause (d) of sub-section (3) of Section 178, an alteration of any specific description to be a material alteration;

(c) determining the information and plans to be furnished to the [Municipality] under Section 179;

(d) prescribing that, on payment of fees in accordance with such scale as specified in this behalf plans and specifications shall be obtainable from the [Municipality] or from an agency prescribed by the [Municipality];

(e) fixing, with reference to Section 181, the period for which a sanction shall remain in force;

(f) prescribing the type or description of buildings which may or may not, and the purposes for which a building may or may not be erected in any prescribed area or areas;

(g) prescribing the circumstances in which a mosque, temple, church or other sacred building may or may not be erected, re-erected or altered;

(h) prescribing with reference to the erection, re-erection or alteration of buildings or of any class of buildings, or any of the following matters -

(i) the materials and method of construction to be used for external and party walls, roofs and floors;

(ii) the position and the materials and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools;

(iii) the height and slope of the roof above the upper most floor upon which human beings are to live or cooking operations are to be carried on;

(iv) the ventilation and the space to be left about the building to secure free circulation of air and to facilitate scavenging and for prevention of fire;

(v) the level and width of foundation, level of lowest floor, and stability of structure;

(vi) the number and height of the storeys of which the building may consist;

(vii) the means to be provided for egress from the building in case of fire;

(viii) any other matter affecting the ventilation or sanitation of the building; and

(ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of the water or danger to any person using the well;

(i) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent awning or other structure, of whatsoever kind or nature, on any land within the limits of the [municipal area].

B - Drains, privies, cesspools, etc.

(a) regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, preservation, cleansing and repair of drains, ventilation shafts and pipes, water-closets, privies, latrines, cesspools and other drainage works;

(b) regulating or prohibiting the discharge into drains or deposit therein, of sewage, sullage polluted water and other offensive or obstructive matter;

(c) prescribing the size and nature of the works which owners or occupiers may be required to construct under Sections 192, 267 and 268, and the agency which shall or may be employed for executing such works.

C - Extinction of fire

(a) prescribing the officer to whom and the place at which the outbreak of a fire shall be reported; and

(b) generally making provision for the procedure and precautions to be adopted by the public on the occasion of a fire and for any other thing relating to fires in respect of which provision is necessary.

D - Scavenging

(a) prescribing the times and places at which receptacles of filth, rubbish or other offensive matter shall be in readiness for the removal of the contents by the municipal scavenging agency;

[(aa) regulating the work of house-scavenging by the customary sweepers and providing for grant of licences to them and the conditions of any such licence; and]

(b) making provision for any other matter relating to house-scavenging.

E - Streets

(a) determining the information and plans to be furnished to the [Municipality] under Section 203;

(b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors, or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall, and providing for the levy of fees for such use or occupation;

(c) regulating the conditions on which permission may be given under Section 209 for projections over streets and drains and under Section 265 for the temporary occupation of streets.

F - Markets, slaughter-houses, sale of food, etc.

(a) prohibiting, subject to the provision of Section 241, use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat or of fish, or as a market for the sale of fruit or vegetables, in default of a licence granted by the [Municipality] or otherwise than in accordance with the conditions of a licence so granted;

(b) prescribing the conditions subject to which and the circumstances in which and the areas or localities in respect of which, licences for such use may be granted, refused, suspended or withdrawn;

(c) providing for the inspection of, and regulation of conduct of business, in a place used as aforesaid, so as to secure cleanliness therein or minimize any injuries, offensive or dangerous effect arising or likely to arise therefrom;

(d) providing for the establishment, and except so far as provision may be made by bye-laws under sub-head (c) for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds of sarais, of flour-mills, of bakeries, of places for the manufacture, preparation or sale of specified articles of food or drink, or for keeping or exhibiting animals, for sale on hire or animals of which the produce is sold, and of places of public entertainment, or resort, and for the proper and cleanly conduct of business therein;

[(dd) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licences for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licences, and prohibiting the establishment of business places mentioned in sub-head (d) in default of licence granted by the] [Municipality] or otherwise than in accordance with the conditions of a licence so granted; and

(e) in a [municipal area], where a reasonable number of slaughterhouses has been provided or licensed by the [Municipality], controlling and regulating the admission within [limits of the municipal area], for purposes of sale, of the flesh (other than cured or preserved meat) and any cattle, sheep, goats or swine slaughtered at a slaughter-house or place not maintained or licensed under this Act.

G - Offensive Trades

(a) except where and so far as is inconsistent with anything contained in the Indian Petroleum Act, 1899 (Act No. VIII of 1899) [or in rules made thereunder, prohibiting the use of any place, in default of a licence granted by the] [Municipality] or otherwise than in accordance with the conditions of a licence so granted, as a factory or other places of business, -

(i) for boiling or storing offal, blood, bones, guts or rags;

(ii) for storing hides, horns or skins;

(iii) for tanning;

(iv) for the manufacture of leather or leather goods;

(v) for dyeing;

(vi) for melting tallow or sulphur;

(vii) for burning or baking bricks, tiles, pottery or lime;

(viii) for soap making;

(ix) for oil boiling;

(x) for storing hay, straw, thatching grass, wood, coal or other dangerously inflammable material;

(xi) for storing petroleum or any inflammable oil or spirit;

(xii) for storing and pressing cotton and cotton refuse;

(xiii) for any other purpose if such use is likely to cause a public nuisance or involve risk of fire.

(b) prescribing (but not so to derogate from any power conferred on a [Municipality] by Section 245) the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn; and

(c) providing for the inspection and regulation of the conduct of business in a place used as aforesaid, so as to secure cleanliness therein or to minimize any injuries, offensive or dangerous effect arising or likely to arise therefrom.

H - Public safety and convenience

(a) prescribing for the standard weights and measures to be used within the [municipal area], and providing for the inspection of the same;

(b) providing for the regulation or prohibition of any description of traffic in the streets where such regulation or prohibition appears to the [Municipality] to be necessary;

(c) imposing the obligation of taking our licences on the proprietors of drivers of vehicles [other than motor vehicles], boats or animals kept or plying for hire, or on person hiring themselves out for the purpose of carrying loads within the limits of the [municipal area], and fixing the fees payable for such licences and the conditions on which they are to be granted and may be revoked;

(d) limiting the rates which may be demanded for the hire of a carriage, cart, boat or other conveyance, or of animals hired to carry loads, or for the services of persons hired to carry loads, and the loads to be carried by such conveyances, animals or persons when hired within the [municipal area] for a period not exceeding twenty-four hours or for a service which would ordinarily be performed within twenty-four hours;

(e) prohibiting, in any specified street or area, the residing of public prostitutes and the keeping of brothel, or the letting or other disposal of a house or building to public prostitutes or for a brothel;

(f) for the regulation of the posting of bills and advertisements;

(g) fixing and regulating the use of places at which boats may be moored, loaded and unloaded, and prohibiting the mooring, loading and unloading of boats except at such places as may be prescribed by the [Municipality];

(h) providing for the seizure and confiscation of ownerless animals straying within the limits of the [municipal area];

(i) providing for the registration of [animals];

(j) providing for the imposition of an annual fee for such registration;

(k) requiring that every registered [animal], shall wear a collar to which shall be attached a token to be issued by the [Municipality];

(l) providing that [an animal], unless registered and wearing such token, may, if found in any public place, be destroyed or otherwise disposed of;

(m) prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions or is likely to occasion a public nuisance and for the prohibition or regulation or which no provision is made under this heading;

[(n) providing for the confinement, removal or destruction of animals];

[(o) regulating the keeping and the tethering of cattle].

I - Sanitation and Prevention of Disease

(a) regulating or prohibiting for the purpose of preventing danger to the public health, the stalling or heading of horses, camels, cattle, swine, donkeys, sheep or goats;

(b) prescribing and regulating the construction, dimensions, ventilation, lighting, cleaning, drainage, and water supply of dairies and cattle-sheds in the occupation of persons following the trades of dairymen or milk-sellers and providing for the inspection of milch-cattle and securing the cleanliness of milk stores, milk shops and vessels used by milk-sellers of buttermen for milk or butter;

(c) controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the [Municipality], and prescribing or prohibiting routes for the removal of corpses or burial or burning-grounds;

(d) regulating sanitation and conservancy;

(e) declaring that no place, unless specially exempted, shall be used as a lodging-house, unless it has been duly licensed as such by the [Municipality], and prescribing the conditions subject to which such licences may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licenses;

(f) providing in default of a bye-law made under the preceding subhead, for the registration and inspection of lodging, house, the prevention of overcrowding, the promotion of cleanliness and ventilation, and prescribing the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out therein, and generally for the proper regulation of lodging houses;

(g) prohibiting the digging of excavations, cesspools, tanks or pits within specified areas except with the permission of the [Municipality] and specifying the conditions subject to which such permission may be given;

(h) prohibiting or regulating with a view to sanitation or the prevention of disease, any act which occasions, or which is likely to occasion, a public nuisance and for the prohibition or regulation of which no provision is made under this heading.

J - Miscellaneous

(a) prohibiting or regulating any act which occasions or is likely to occasion, a public nuisance for the prohibition or regulation of which no provision is made elsewhere by or under this Act;

(b) providing for the registration of births, deaths and marriages, and the taking of a census within the [municipal area] and for compulsory supply of such information as may be necessary to make such registration or census effective;

(c) for the protection from injury or interference of anything within the [municipal area] being the property of Government or of the [Municipality], or being under the control of the [Municipality];

(d) fixing any charges or fees, or any scale of charges or fees to be paid for house scavenging or the cleansing of latrines and privies under Section 196(c) or for any other municipal service or undertaking or to be paid under Section 293(1) or Section 294 of the Act, and prescribing the times at which such charges or fees shall be payable, and designating the person authorized to receive payment thereof;

(e) providing for the holding of fairs and industrial exhibitions within the [municipal area] and under the control of the [Municipality], and fixing the fees to be levied threat;

(f) requiring and regulating, the appointment by owners of buildings and lands in the [municipal area] or persons residing within or near the [municipal area] to act as their agents for all or any of the purposes of this Act or of any rule or bye-law;

(g) specifying the records and documents belonging to, or in the possession of, the [Municipality] of which inspection may be made or copies given and the charges to be levied for inspection or copies of such records and documents, and regulating inspection and the giving of copies;

(h) providing for the granting of licences for the sale and for the dispensing of medicinal drugs;

[(i) providing for the registration and control of midwives and dais publicly practising their profession;]

[(j) providing for the establishment and maintenance of poor-houses and the conditions under which poor-houses may be recognised by the] [Municipality];

[(k) providing for the establishment and maintenance of maternity centres and child-welfare clinics;

(l) providing for the establishment, maintenance and grants-in-aid to institutions of physical culture and supply of milk;

(m) providing for the installation and maintenance of radio receiving stations;

(n) providing for the establishment and maintenance of baby-folds and rescue homes for women;

(o) providing for the removal of social disabilities of scheduled castes and backward classes;

(p) taking measures for the control of beggary;

(q) taking measures for the removal of prostitutes from a specified area to another specified area];

[(r) providing the manner of allotment of land to the persons engaged traditionally in the vocation of making earthen pottery.

Explanation. - A person shall be deemed to be engaged traditionally in such vocation if he belongs to such class of persons as may be notified by the State Government.]

LIST II

Further Bye-Laws For A Hill [Municipality]

H - Public Safety and convenience

(n) regulating or prohibiting the cutting or destroying of trees or shrubs, or the making of excavations or removal of soil or quarrying, and providing for the alteration, repair and proper maintenance of buildings and compounds, for the closing of roads and bye-paths and for the general protection of the surface land on the hillside where such bye-laws appears to the [Municipality] to be necessary for the maintenance of a water-supply, the preservation of the soil, the prevention of land slides or of the formation of ravines or torrents, the protection of land against erosion, or the deposit thereon of sand, gravel or stones;

(o) prohibiting the lighting of fires in the top storey of a building which, by reason of its contiguity to other buildings, might be a source of danger to the latter in the event of a fire breaking out within it, and the walls of which storey do not exceed seven feet in height, or the placing of stands for lamps and candles in any position which the [Municipality] may deem to be dangerous to the public safety;

(p) regulating the rule of the road;

(q) rendering licences necessary within the [municipal area] -

(i) for persons working as job porters for the conveyance of goods;

(ii) for animals, vehicles and other conveyances let out on hire for a day or part thereof; and

(iii) for persons impelling or carrying such vehicles and other conveyances;

(r) prescribing the conditions subject to which such licences may be granted, refused, suspended or withdrawn;

(s) regulating the charges to be made for the services of such job porters as aforesaid, and for the hire of such animals, vehicles and other conveyances and for the remuneration of persons who impel to carry such vehicles or conveyances.

I - Sanitation and Prevention of Disease

(i) rendering licences necessary for using premises within bazaars as stables or cow-houses or as accommodation for sheep, goats and fowls;

(j) preventing overcrowding in houses and inhabited sites; and

J - Miscellaneous

(i) providing for the registration, generally or within particular months, of persons entering or leaving the [municipal area].

299. Infringement of rules and bye-laws. - (1) In making a rule the State Government, and in making a bye-law the [Municipality] with the sanction of the State Government, may direct that a breach of it shall be punishable with fine which may extend to [one thousand] rupees and when the breach is a continuing breach, with a further fine which may extend to [twenty five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

(2) The [Municipality] may with like sanction prescribe a similar penalty for the breach of a rule lawfully made under the United Provinces Municipalities Act, 1873 (Act XV of 1873) and still remaining in force.

300. Previous publication of rules, etc. made by the State Government. - (1) The power of the [State Government] to make rules or regulations under this chapter is subject to the condition of the rules or regulations being made after previous publication and of their not taking effect until they have been published in the [Official Gazette].

(2) Any rule or regulation made by the [State Government] may be general for all municipalities or for all municipalities not expressly excepted from its operation or may be special for the whole or any part of any one or more than one municipality as the [State Government] directs.

[301. Regulations and bye-laws to be published. - (1) The power of the municipality to make bye-laws under Section 298 shall be subject to the condition of the bye-laws being made after previous publication.

(2) The regulations made under Section 297 and U.P. Primary Education Act, 1919 and the bye-laws made under Section 298 shall be published in the Official Gazette.]

[301A. State Government may modify or repeal bye-laws. - (1) If, at any time, it appears to the State Government that any bye-law should be modified or repealed either wholly or in part, it shall cause its reasons for such opinion to be communicated to the municipality and prescribe reasonable period within which the municipality may make any representation with regard thereto which it shall think fit.

(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the State Government may at any time, by notification in the Official Gazette, modify, or repeal such bye-law either wholly or in part.

(3) The modification or repeal of a bye-law under sub-section (2) shall take effect from the date of the publication of the notification in the Official Gazette.]

Chapter X

Procedure

Municipal notices

302. Fixation of reasonable time for compliance. - Where any notice issued under any section of this Act or under any rule or bye-law requires an act to the done for which no time is fixed by such section or rule or bye-law, the notice shall specify a reasonable time for doing the same, and it shall rest with the Court to determine whether the time so specified was a reasonable time within the meaning of this section.

303. Service of notice. - (1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented, -

(a) by giving or tendering the notice or bill, or sending it by post, to the person to whom it is addressed; or

(b) if such person is not found, then by giving the notice or bill at his last known place of abode, if within municipal limits, or by giving or tendering the notice or bill to some adult male member or servant of his family, or by causing the notice or bill to be fixed on some conspicuous part of the building or land (if any) to which the notice or bill relates.

(2) When a notice under this Act or under a rule or a bye-law is required or permitted by or under this Act, or under a rule or a bye-law to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either, -

(a) by giving or tendering the notice, or sending it by post, to the owners or occupier, or if there be more owners or occupiers than one, to any one of them; or

(b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family, or by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.

(3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be served upon the minor.

304. Method of giving public notice. - Subject to the provision of this Act or of any rule, regulation or bye-law, in every case where public notice is to be given by a [Municipality], such notice shall be deemed to have been given if it is published in some local English or vernacular paper (if any) and posted upon the notice board to be exhibited for public information at the building in which the meetings of the [Municipality] are ordinarily held.

305. Defective form. - No notice or bill shall be invalid for defect of form.

306. Disobedience to public notice or provision of Act applicable to the public. - Where, by this Act or a notice issued thereunder, the public is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section, be liable on conviction by a Magistrate to a fine not exceeding [one thousand] rupees for every such failure, and, in the case of continuing breach, to a further fine which may extend to [twenty-five] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the breach.

307. Disobedience to notice issued to individual. - If a notice has been given under the provisions of this Act or under a rule or bye-law to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do, or refrain from doing anything within a time specified in the notice, and if such a person fails to comply with such a notice, then -

(a) the [Municipality] may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided by Chapter VI; and further;

(b) the said person shall be liable, on conviction before a Magistrate, to a fine which may extend to [one thousand] rupees, and in case of continuing breach, to a further fine which may extend to [twenty-five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.

308. Liability of occupier to pay in default of owner. - (1) If the person to whom the notice mentioned in Section 307 has been given, is the owner of the property in respect of which it is given, the [Municipality] may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property or a part thereof under such owner to pay to the [Municipality] instead of to the owner, the rent payable by him in respect of such property, as it fails due, upto the amount recoverable from the owner under Section 307; and any such payment made by the occupier to the [Municipality] shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been made to the owner of the property.

(2) For the purpose of deciding whether action should be taken under sub-section (1), the [Municipality] may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.

(3) All money recoverable by the [Municipality] under this section shall be recoverable in the manner provided by Chapter VI.

309. Right of occupier to execute works in default of owner. - Whenever default is made by the owner of a building or land in the execution of a work required by or under this Act to be executed by him, the occupier of such building or land may, with the approval of the [Municipality], cause such work to be executed, and the expenses thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent, from time to time, becoming due from him to such owner.

310. Procedure upon opposition to execution by occupier. - (1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to a Magistrate.

(2) The Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.

(3) If, after the expiration of eight days from the date of Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction to a fine which may extend to twenty-five rupees for every day during which he has so continued to refuse.

(4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.

311. Recovery of cost of work by the occupier. - When the occupier of a building or land has, in compliance with a notice issued under the provisions of this Act, executed a work for which the owner of such building or land is responsible, either in pursuance of the contract of tenancy or by law, shall, in the absence of any contract to the contrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.

312. Recovery of expenses of removal by [Municipality] under Sections 211, 263, 264, 265 and 278. - (1) The expenses incurred by the [Municipality] in effecting any removal under Section 263 or 265 or, in the event of a written notice under Sections 211, 263, 264 or 278 not being complied with under Section 307, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials in the manner provided by Chapter VI.

(2) If the expenses of removal are in any case paid before the materials are sold, the [Municipality] shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of and on his paying all other expenses, if any, incurred by the [Municipality] in respect thereof, or in respect of the intended sale or disposal thereof.

(3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the [Municipality] thinks fit, as soon as conveniently may be after one month from the date of their removal, whether the expenses of the removal have in the meantime been paid or not; and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or their disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the [Municipality].

313. Relief to agents and trustees. - (1) When a person, by reason of Iris receiving, or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Act, be found to discharge an obligation imposed by this Act on the owner of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless, he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.

(2) When an agent or trustee has claimed and established his right to relief under this section, the [Municipality] may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use of the owner, and should he fail to comply such notice, he shall be deemed to be personally liable to discharge such obligation.

Prosecutions

314. Authority for prosecution. - Unless otherwise expressly provided, no Court shall take cognizance of any of the offences punishable under this Act (whereof a list is given in Schedule VIII for the purpose merely of easier reference) or under any rule or bye-law, except on the complaint of, or upon information received from, the [Municipality] or some person authorised by the [Municipality] by general or special order in this behalf.

315. [Power to compound offences. - (1) The Executive Officer or Medical Officer of Health of a] [Municipality] or in municipalities in which there is no Executive Officer or Medical Officer of Health, the president of a [Municipality] may either before or after the institution of proceedings, compound an offence against this Act or a rule or bye-law, except an offence described in Sections 237(4), 242, 246, 247, 281, 285(5) or 295 :

Provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by or on behalf of the [Municipality], unless the notice has been complied with, in so far as compliance is possible.

(2) When an offence has been compounded, the offender, if in custody shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.

(3) Sums paid by way of composition under this section shall be credited to the municipal fund.

316. Compensation for damage to municipal property. - If through an act, neglect or default on account whereof a person shall have incurred a penalty imposed by or render this Act any damage to the property of the [Municipality] shall have been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty; and the amount of damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and on non-payment of such amount on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.

317. Powers and duties of police in respect of offences and assistance to municipal authorities. - Every police officer shall give immediate information to the [Municipality] of an offence coming to his knowledge which has been committed against this Act or against an Act referred to in clause (b) of sub-section (1) of Section 114, or against any rule made under any of the said Acts and shall be bound to assist all members, officers and servants of the [Municipality] in the exercise of their lawful authority.

Appeals from orders of [Municipality] and suits against the [Municipality]

318. Appeals from order of [Municipality]. - (1) Any person aggrieved by any order or direction made by [Municipality] under the powers conferred upon it by Sections 180(1), 186, [204], 205(1), 208, 211, [212], 222 (6), 241(2), 245, 278 and 285 or under a bye-law made under Heading 'G' of Section 298, may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officer as the [State Government] may appoint for the purpose of hearing such appeals or any of them, or failing such appointment, to the District Magistrate.

[* * *]

(2) The Appellate Authority may, if it thinks fit, extend the period allowed by sub-section (1) for appeal.

(3) No appeal shall be dismissed or allowed in part or whole unless reasonable opportunity of showing cause or being heard has been given to the parties.

319. Reference to High Court - (1) If on the hearing of an appeal under Section 318 any question as to the legality of the promotion, direction, notice or order arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of any person interested, draw up a statement of facts of the case and the point on which doubt is entertained, and refer the statement, with his own opinion on the point, for the decision of the High Court.

(2) On a reference being made under sub-section (1), the subsequent proceedings in this case shall be as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), or such her rules as are made by the High Court under Section 122 of that Code.

320. Costs. - (1) The Court deciding the appeal shall have power to award costs at its discretion.

(2) Costs awarded under this section to the [Municipality] shall be recoverable by the [Municipality] as if they were arrears of a tax due from the appellant.

(3) If the [Municipality] fails to pay any costs awarded to an appellant under this section within ten days after the date of the communication of the order for payment thereof, the Court awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.

321. Finality of order of Appellate Authority. - (1) No order or direction referred to in Section 318 shall be questioned in any other manner or by any other authority than is provided therein.

(2) The order of the Appellate Authority confirming, setting aside or modifying any such order or direction shall be final :

Provided that it shall be lawful for the Appellate Authority, upon application, and after giving notice to the other party, to review any order passed by him in appeal by a further order passed within three months from the date of his original order.

[322. Suspension of orders passed under Section 318 pending decision of appeal or civil suit regarding the subject of appeal or civil suit. - Where an order or direction referred to in Section 318 is subject to appeal and an appeal has been instituted against it, or a civil suit has been instituted in respect thereof, all proceedings to enforce such order and all prosecutions for a breach thereof, may, by order of the Appellate Authority or of the Civil Court, as the case may be, be suspended pending the decision of the appeal or the civil suit, and if such order is set aside on appeal or by the decision of the Civil Court disobedience thereof shall not be deemed to be an offence.]

323. Appeals from certain orders of a Court. - Every order of forfeiture under Section 201 and every order under Section 302 or Section 258 shall be subject to appeal to the next superior court to that by which the order was passed, but shall not be otherwise open to appeal or revision.

324. Disputes as to compensation payable by [Municipality]. - (1) Should a dispute arise touching the amount of compensation which the [Municipality] is required by this Act to pay, it shall be settled in such manner as the parties may agree, or in default of agreement, by the Collector upon application made to him by the [Municipality] or the person claiming compensation.

(2) Any decision of the Collector awarding compensation shall be subject to a right of the applicant for compensation to require reference to the District Judge in accordance with the procedure set forth in Section 18 of the Land Acquisition Act, 1894 (Act I of 1894).

(3) In cases in which compensation is claimed in respect of land, the Collector and the District Judge shall, as far as may be, observe the procedure prescribed by the said Act for proceedings in respect of compensation for the acquisition of land acquired for public purposes.

325. Decision of disputes between local authorities. - (1) Should a dispute arise between a [Municipality] and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the [State Government], whose decision shall be final.

(2) The [State Government] may regulate by rule made under Section 296 the relation to be observed between [Municipality] and other local authorities in any matter in which they are jointly interested.

326. Suits against [Municipality] or its officers. - (1) No suit shall be instituted against a [Municipality], or against a member, officer or servant of a [Municipality], in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice in writing has been in the case of a [Municipality], left at its office, and, in case a member, officer or servant, delivered to him or left at Iris office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.

(2) If the [Municipality], member, officer or servant shall, before action is commenced, have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, shall also pay all costs incurred by the defendant after such tender.

(3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action.

(4) Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding.

[326A. Civil Court not to grant temporary injunctions in certain cases. - No Civil Court shall in the course of any suit grant any temporary injunction or make any interim order, -]

[(a) restraining any person from exercising the powers or performing the functions or duties of a President of] [* * *] of a [Municipality] or by Chairman of a committee or sub-committee of a [Municipality] or of a member, officer or servant of a [Municipality] or of a committee or sub-committee of a [Municipality] on the ground that such person has not been duly elected, nominated or appointed as such President, [* * *], Chairman, member, officer or servant; or

(b) restraining any person or persons or any [Municipality] or committee or sub-committee of a [Municipality] from holding any election, or from holding any election in any particular manner.

Chapter XI

Supplementary

327. Delegation of powers by the State Government. - The [State Government] may, by notification, delegate to the [Prescribed Authority] in respect of any specified municipality or municipalities [within his or its jurisdiction] any one or more of the powers vested in it by this Act, with the exception of the powers detailed in Schedule VII.

328. Facility for inspection of minute books and assessment lists. - The minute books and assessment lists of the [Municipality] shall be open to inspection free of charge by any tax-payer or elector under conditions to be prescribed by bye-law in this behalf.

329. Provision for publicity of Rules, Regulations and bye-laws. - Books containing every rule, regulation and bye-law shall be kept in the municipal office and shall be open, during the ordinary hours of business, to inspection free of charge by any person and shall be for sale to the public at such office at reasonable price to be specified by bye-law in this behalf.

330. Mode of proof of municipal records. - A copy of any receipt, application, plan, notice, order, entry in a register or other document in die possession of a [Municipality], shall, if duly certified by the legal keeper thereof or other person authorised by bye-law in this behalf, be received as prima facie evidence of the existence of the entry or documents and shall be admitted as evidence of the matters and transaction therein recorded in every case, where, and to the same extent as, the original entry or document would if produced, have been admissible to prove such matters.

331. Restriction on the summoning of municipal servants to produce documents. - No municipal officer or servant shall in any legal proceeding to which a [Municipality] is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.

332. Inspection of municipal works and registers by members. - With the previous sanction of the [President] any member of a [Municipality] may inspect any work or institution, constructed or maintained, in whole or part, at the expense of the [Municipality], and any register, book, accounts or other document belonging to, or in the possession of, the [Municipality],

[332A. Public disclosure of information. - (1) The Municipal Council shall maintain and publish its records to disclose the required information at quarterly intervals as mentioned below :

(a) proceedings or substance of proceedings of the Municipal Council or its Committees,

(b) a directory of its officers and employees,

(c) the particulars of officers, who grant concessions, permits, licenses or provide civic amenities in various departments of the Municipal Council.

(d) audited financial statements of balance sheet, receipts and expenditures, annual budget, etc.,

(e) the service levels provided for each of the services being provided by the Municipal Council.

(f) particulars of all plaits, proposed expenditure, actual expenditure on major services provided or activities performed and reports on disbursements made,

(g) details of subsidy programmes on major services provided or activities performed by the Municipal Council, and manner and criteria of identification of beneficiaries of such programmes,

(h) details of programmes undertaken by the Municipal Council,

(i) particulars of City Development Plans and Detailed Project Reports relating to the development of the Municipal Council,

(j) the particulars of major works, values of works, time of completion and details of contract,

(k) the details of Municipal Council Funds -

(i) income generated and realized in the previous year under tax and non-tax heads;

(ii) taxes, duties, cess and surcharge, rent, fee from property permit and licence and user charges;

(iii) amounts against (ii) above, that remain uncollected;

(iv) grants, loans or devolution of funds from State Government for various purposes and the position of utilization.

(l) such other information as may be prescribed by the State Government.

(2) Manner of disclosure shall include:

(a) Newspapers,

(b) Internet,

(c) Notice Boards of Municipal Council,

(d) issue of a Bulletin,

(e) notification in Gazette,

(f) any other mode as may be prescribed by the State Government.]

333. Exercise by District Magistrate of [Municipality's] power pending establishment of [Municipality]. - When a new municipality is created under this Act, the District Magistrate, or other officer, or committee, or authority appointed by him in this behalf, may until a [Municipality] is established, exercise the powers and perform the duties and functions of the [Municipality], and, he or it shall, for the purposes, aforesaid be deemed to be the [Municipality] :

Provided always that the District Magistrate or such other officer, or committee, or authority shall, as early as possible, make preliminary arrangements for the holding of first elections and generally of expediting the assumption by the [Municipality] of its duties when constituted.

[* * *]

[333A. Consequences of declaration of a smaller urban area in place of a transitional area. - Where a smaller urban area is declared in place of a transitional area, the following consequences shall follow as from the date of the declaration of the smaller urban area, -

(i) all taxes, fees, licences, fines or penalty imposed, prescribed, or levied on the date immediately preceding the said date, by the Nagar Panchayat be deemed to have been imposed, prescribed or levied by the Municipal Council under or in accordance with the provisions of this Act and shall until modified or changed continue to be so realisable;

(ii) any expenditure incurred by the Nagar Panchayat, on or before the date immediately preceding the said date, from its fund, shall continue to be so incurred by the Municipal Council as if it was an expenditure authorised by or under this Act;

(iii) all properties, including rights or benefits subsisting under any deed, contract, bond, security or chooses-in-action, vested in the Nagar Panchayat, on the date immediately preceding the said date, shall be transferred to and vested in and ensure for the benefit of the Municipal Council;

(iv) all liabilities, whether arising out of contract or otherwise which have accrued against the Nagar Panchayat and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the Municipal Council;

(v) the municipal fund of the Nagar Panchayat and all the proceeds of the unexpanded taxes, tolls, fees or fines levied or realised by it, shall be transferred to and from part of the municipal fund of the Municipal Council;

(vi) all legal proceedings commenced by or against the Nagar-Panchayat and pending on the date immediately preceding the said date, shall be continued by or against the Municipal Council;

(vii) any officer or servant who, on the date immediately preceding the said date, was employed by the Nagar Panchayat, in full time employment shall be transferred to and become an officer or servant of the Municipal Council as if he has been appointed by it under the provisions of this Act; and

(viii) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licences granted or registration effected by the Nagar Panchayat, shall be deemed to have been done or taken by the Municipal Council and shall continue in force accordingly until superseded by anything done or any action taken by it.]

[333B. Consequences of constitution of a municipality by excluding an area from existing municipal area. - Where a municipality is constituted for a municipal area which has been excluded from an existing municipal area hereinafter in this section referred to as undivided municipal area) the following consequences shall follow as from the date of constitution (hereinafter in this section referred to as the said date) of the municipality, -

(a) all taxes, fees, licences, fines or penalties imposed, prescribed or levied, on the date immediately preceding the said date, by the municipality of the undivided municipal area be deemed to have been imposed/prescribed or levied by the newly constituted municipality under the provisions of this Act;

(b) any expenditure in respect of the area included in the municipal area of the newly constituted municipality incurred by the municipality of the undivided municipal area on or before this date immediately preceding this said date from its funds, shall continue to be so incurred by the newly constituted municipality as if it was expenditure authorised by or under this Act;

(c) all property within the municipal area of the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or chooses-in-action vested in the municipality of the undivided municipal area on the date immediately preceding the said date, shall be transferred to and vested in and enure for the benefit of the newly constituted municipality;

(d) all liabilities in respect of the municipal area of the newly constituted municipality, whether arising out of contract or otherwise which have accrued against the municipality of the undivided municipal area and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the newly constituted municipality;

(e) such part of the fund of the municipality of undivided municipal area and the proceeds of any unexpended taxes, tolls, fees or fines levied or realised by the said municipality, as may be decided by the State Government, shall be transferred to and form part of the municipal fund of the newly constituted municipality;

(f) such of the servants of the municipality of the undivided municipal area as are transferred to the newly constituted municipality shall become servants of the newly constituted municipality as if they had been appointed by the newly constituted municipality under and subject to the provisions of this Act.

(g) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licence granted or registration affected under the provisions of this Act in relation to or in respect of the municipal area of the newly constituted municipality shall be deemed to have been done or taken by the newly constituted municipality.]

334. Repeals and Savings. - (1) The enactments specified in Schedule IX are repealed.

(2) Provided that this repeal shall not affect, -

(a) the validity of any appointment, or any grant or appropriation of money or property, or any tax or impost, made or imposed under any enactment hereby repealed; or

(b) the terms of remuneration, or right to pension, of any officer appointed before the commencement of this Act.

335. Saving as to Indian Railways Act, 1890. - Nothing in this Act shall affect any provisions of the [Indian Railways Act, 1890 (Act No. IX of 1890), or any rule made under that Act.]

336. Validation of acts done before commencement of Act. - All acts done before the commencement of this Act which could have been lawfully done if this Act had been in force shall be deemed to have been lawfully done.

336A. [* * *]

[337 to 339. * * *]

[340. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the provisions of this Act or, by reasons of anything contained in this Act, to any other enactment for the time being in force, the State Government may, as occasion requires, by a notified order make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of the period of two years from commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.

(3) The provisions made by any order under sub-section (1), shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.

(4) Every order made under sub-section (1) shall be laid as soon as may be, before both the Houses of the State Legislature and the provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904, shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.]

[341. Construction of references. - On and from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, any reference to the municipal board or the Town Area Committee constituted under the United Provinces Town Areas Act, 1914] [or the Notified Area Committee constituted under Section 338] in any rules, regulations, bye-laws, statutory instruments, or in any other law for time being in force, or in any document or proceedings, shall be construed as reference [to the Municipal Council for the Municipal Board or to the Nagar Panchayat for the Town Area Committee or the Notified Area Committee].

[342. Provision until the constitution of municipalities. -] [(1) Notwithstanding anything in this Act, all the powers, functions and duties of every Municipal Board, its President and Committees, Notified Area Committee and its Chairman, or Town Area Committee and its Chairman, as they stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 shall on such commencement vest in and be exercised, performed and discharged by the District Magistrate who shall in respect of Municipal Board, its President and Committees, be deemed to be Municipal Council, its President and Committees and in respect of Notified Area Committee and its Chairman or Town Area Committee and its Chairman be deemed to be Nagar Panchayat and its Chairman].

(2) The District Magistrate may delegate all or any of the powers, functions and duties to any other person or authority.

(3) The District Magistrate in whom the powers, functions and duties of a Municipal Board and its President, or a Notified Area Committee and its Chairman or a Town Area Committee and its Chairman are vested under the Uttar Pradesh Municipalities, Notified Areas and Town Areas (Alpakalik Vyavastha) Adhiniyam, 1994, including the person or authority to whom the District Magistrate has delegated his powers, shall be deemed to be vested with such powers, functions and duties under the provisions of this section.

[(4) Notwithstanding anything in this section, the election to constitute the Municipal Councils and the Nagar Panchayats shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the constitution of the Municipal Council or the Nagar Panchayat, as the case may be, the provisions of sub-sections (1), (2) and (3) shall cease to have effect.]

SCHEDULE I

The Powers And Functions Of A [Municipality]

[Sections 50(e)(ii), 111(1) and 112(1)(a)]

Sections            Power or duty   Remarks

1           2              3

13         [* * *]  

37         [* * *]  

40(1)(a)             [* * *]  

43         [* * *]  

[44-A] To elect a President in a casual vacancy.

47-A    To pass a vote of non-confidence in the President.           

52         To require the President to furnish reports, etc.

54         To elect, or accept the resignation of a [* * *].   

57         [To appoint and employ and executive officer and a medical officer of health.]    

58         [ ] [To dismiss, remove or otherwise punish) an executive officer and recommend the transfer of a medical officer of health.]         

59         To appoint a person to officiate as executive officer [in cases where the vacancy exceeds two months.]   May be delegated.

61         [To entertain appeals from orders of the executive officer or the medical officer of health.]          

63         [To require the executive officer or the medical officer of health in furnish returns, etc.] 

66         To appoint a secretary. 

67         [To dismiss, remove or otherwise punish] a secretary.    

68         To appoint Civil Engineer, Assistant Civil Engineer, Electrical Engineer, Assistant Electrical Engineer, Water-works Engineer, Assistant Water-works Engineer, Electrical and Water-works Engineer, Assistant Electrical and Water-works Engineer, Qualified Overseer or Sub-Overseer, Secretary, Superintendent or Lady Superintendent of Education.            

69.       [To dismiss, remove or otherwise punish] any officer appointed under Section 68.             

70(a)   To prohibit the employment of temporary servants for any particular work.         

71.       [To determine the number and salaries of the Board’s permanent staff].

72.       To appoint one person to discharge the duties of two or more officers.  

74. and 76(2)   [* * *]  

79(2)   To establish a provident fund.   

79(3), (4) and (5)            To grant a gratuity, or compassionate allowance or to grant or purchase an annuity.        

81.       To institute a suit against a member.     

82(2)(f)              To fix the amount up to which a member may be interested in occasional sales to the [Municipality].            

94(6)   To modify or cancel a resolution.             

96(1)   [To sanction contracts for which budget provision does not exist or involving a value or amount exceeding ten thousand rupees in the case of a contract by a Municipal Council and three thousand rupees in the case of a contract by a Nagar Panchayat].              

96(2)   To empower a committee or officer or servant of the [Municipality] to sanction other contracts.

96(3)   To empower engineer to sanction contracts.       

97(2)(b)             [* * *]  

99         to sanction a budget and to vary or alter a budget.          

104(1) To appoint and remove members of committees.            

104(2) To establish and appoint the members of advisory committees. 

105      To appoint persons other than members of the [Municipality] to committees.    

106      To fill up vacancies in committees.          

107(1) To appoint the [President] of any committee.    

109      To call for returns, etc., from a committee.          

110      To appoint joint committees and to vary or rescined any written instrument by virtue of which any joint committee has been appointed.            

112      To delegate powers of duties conferred or imposed on a [Municipality]. 

115      To invest or place any portion of the municipal fund in deposit. 

117      To request the [State Government] to acquire land.         

118      To undertake the management or control of property entrusted to it.     

119      To manage, control and administer, and hold in trust the funds of public institutions.       

124      To transfer any property vested in the [Municipality].      [May be delegated if the transfer relates to movable property.]

125      To make compensation out of the municipal fund.           

128 to 137        To take any action relating to a tax.         

141      To cause an assessment list to be prepared and to appoint a person to make the assessment list. May be delegated.

143(3) To hear and decide objections, or to delegate the power to hear and decide objections. May be delegated.

147(1) To amend an assessment list.     May be delegated.

156      To permit compounding for taxes.           

157(1) and (2) To exempt from taxation.            

186      [* * *]  

187      To establish and maintain a fire brigade.

189      [* * *]  

190      [* * *]  

196(1) and (b) By public notice to undertake the house scavenging or cleansing of latrines or privies, and to relinquish undertaking.  

197(2) To pass orders on an application for the exclusion of a house from a notice under Section 196(a).                May be delegated.

211      [* * *]  

212-A  To control and regulate the construction of any building or street and drains beyond [municipal area] up to a distance of two miles. 

217(1)(a)           To give a name to a street.         

219      To make, alter, divert or close a public street, to provide building sites thereon, to take steps acquire land for such purposes and to sell or dispose of land so acquired.            

221      To declare a street a public street.          

222(1) and (3) To define "The regular line of the street".            

224      To construct and alter water works.        

237 (1)               To fix premises for the slaughter of animals for sale.        

238      To fix premises for the slaughter or animals not intended for sale or slaughter for religious purpose, and to prohibit such slaughter elsewhere.      

245 (1)               [* * *]  

250 (1)               To require the muzzling of dogs.

253 (proviso)  To Direct that the section shall not apply to vehicles proceeding at not more than a walking pace.            

257 (1)               To direct that roofs and external walls shall not be made of inflammable materials without the [Municipality’s] consent.           

259      To prohibit the stacking inflammable materials, etc.        

269      To require the removal of a nuisance from tanks and the like, when such removal involves the [Municipality] acquiring or providing land.     

273(1)(b) and (c)            To appoint places for disposal of offensive matter and rubbish and to issue directions as to the time, manner and conditions of removal thereof.          

275(3)                To prescribe fees for the disposal of dead bodies of animals.        

278      [* * *]  

282      To prohibit any cultivation, use of manure or irrigation injurious to health.           

285      To provide or close, or give permission for the making of, burning and burial grounds, to except private burial places from a public notice, and to give permission to use an unrecognised burial or burning ground.    

286      To set apart bathing and washing places, to prescribe conditions for the use of such places and to prohibit bathing and washing at other places.   

290(2) To sanction execution of water-works or a work under Sections 192, 267 and 168 at the charge of the municipal fund. 

290(3) To transfer of the [Municipality's] interest in appliances appertaining to a water or drainage work to the owner of a building or land.   

297      To make regulations.     

298      To make bye-laws.         

299      To direct that the breach of bye-laws shall be punishable with fine.          

General             Any power, duty or function which any rule requires to be exercised, performed or discharged by the [Municipality] itself by means of resolution.     

Schedule II

Scheduled Powers Of Executive Officers

[Sections 60(1)(d) and 61(1)(a)]

Sections            Nature of powers or duties          Remarks

1           2              3

75         To appoint permanent [* * *] inferior staff.         

76         [To dismiss, remove or otherwise punish] permanent [* * *] inferior staff.            

79(1)   To pay leave allowances to officer or servant.    

142      To give public notice of the place where an assessment list may be inspected.    

143      To give public notice of the time fixed for considering valuation and assessments and to give notice to owners or occupiers of property.          

143(2) To receive objections to valuations and assessments.     

147(2) To give notice to persons interested in an alteration proposed in an assessment list of the date on which the alteration will be made.             

148(1) To receive notice of building newly built, rebuilt or enlarged.      

150(2) To exercise the option of levying the tax from the lessor.              

151(1) and (2) To remit or refund a tax in case of a building, tenement or land remaining vacant and unproductive of rent.  

152(1) To receive notice of the re-occupation of a building or land.         

158      To call for information effecting liability to taxation.        

166      To present bills for taxes and other dues.             

168      To cause a notice of a demand to be served.       

169      To issue a distress warrant.         

172(1) and (2) To sell goods distrained.              

172 (3)               To receive applications for a refund and to make a refund.           

173      To apply to a Magistrate for the issue of a warrant.          

176      To sue for a demand.    

178 (1)               To receive a notice of the intention to erect, re-erect or make a material alteration in a building, etc.            

179 (1)               To determine when information regarding such notice is satisfactory.     

179 (2)               To require plans, specification and further information. 

[186]   To direct by notice that the erection, re-erection or alteration of a building, etc., shall be stopped or that a building, etc., be altered or demolished.             Appealable.

189      To construct drains.       

190      To alter and discontinue municipal drains.           

190(1) To give permission and to prescribe conditions for the connection of private drains with municipal drains.            

191(2) To require that a drain made in contravention of bye-law or of the terms of permission or without permission shall be closed, etc.     

192(1) To enforce a drainage connection with a public drain.      Appealable.

193      To receive applications, to call for objections, to issue orders thereon, to construct drains and recover cost of construction and compensation.            Appeal lies against an order recorded under subsection (3).

194      To give permission for diversion of drain and to prescribe conditions for such diversion.  Appealable.

196 (c) and (d) With the consent of an occupier, undertake house-scavenging or the removal of nightsoil or other offensive matter or rubbish and relinquish such undertaking.   

201(1) To complain to a Magistrate of the negligence of a customary sweeper. 

202(1) To complain to a Magistrate of the failure of an agriculturist to provide for proper house scavenging-      

203      [* * *]  

204      [To receive application for permission to lay out and make a street.]       

209      To give permission for projections.           Appeal lies from orders refusing permission.

[211]   To issue a notice for the removal or alteration of a projection.     Appealable.

213      To give permission for erection and repair of building, etc., and to issue orders regarding hoarding, etc.  

214      To require hedges and trees to be trimmed.        

215      To remove, and recover the expense of removal of, or to issue a notice requiring the removal of an obstruction caused by fallen house, etc.     

216      To require the provision to trough and pipes for rain water.         

217 (1) (b) and (c)          To affix the name of street or a house number to a building or to require the owner or occupier to affix a number plate, and to cause or require such names and number to be altered.

218      To attach posts and brackets to buildings for lamps, telegraph and telephone wires, etc.

220      To give permission for the use or occupation of a public street or place. 

224      To provide fencing and lighting during repairs of public street, etc.           

225(1) To require private wells, etc., to be cleansed.     

225(2) To require a person to desist from using a private well, etc., or to close or fence the same.             Appealable.

227      To require the removal or closing of drains, latrines, etc., near a source of water-supply. Appealable.

229      To supply water by agreement.

230      To charge for die supply of water.             Appealable.

236      To remove or otherwise deal with unauthorised building over drains, etc., or to issue notice for the removal of such buildings, etc.      

240      To authorise an officer to seize flesh brought within the municipal limits in contravention of a bye-law and to issue orders as to the disposal of such flesh.     

244      To seize articles exposed for sale which appear to be unfit for the consumption of man and drugs suspected to being adulterated or spent; and to produce such drugs before a Magistrate.

[245(1)]             To issue a notice relating offensive trades.           Appealable.

249      To authorise a person to destroy or confine dogs suspected to be suffering from rabies, etc.         

250(2) To authorise persons to destroy or confine unmuzzled dogs.       

256      To give permission for the use of public land for halting animals or vehicles.         

257(2) To require the removal of a roof and wall, if inflammable.              Appealable.

258      To search for inflammable material and to seize any quantity in excess of the quantity permitted.             

260      To issue notices regarding dangerous quarrying and to put up hoarding and fences to prevent imminent danger.             

261      To give permission for the displacing of pavements, etc., and to recover expenses incurred by the [Municipality] by reason of such displacement etc.        

263      To require by notice buildings, etc., in a dangerous or ruinous state to be demolished or repaired, or wells, tanks, etc., to be repaired and enclosed, and to take immediate action where the danger is imminent.   Appeal lies against an order to repair or enclose a tank.

264      To require unoccupied building or land which occasions a public nuisance to be secured or enclosed.             Appealable.

265      To give written permission for the temporary obstruction of a street and to remove any obstruction from a street and to recover the cost of removal.         

266      To give permission tor the removal of earth, etc., from open spaces.       

267      To require provision, alteration, removal, closing, cleansing and screening of private drains, cess-pools, dust-bins, latrines, etc.          Appeal lies against an order under clause (a) of sub-section (1) requiring an owner or occupier to close or remove or under clause (b) of sub-section (1) to provide a latrine, urinal, water-closet, drains, cesspool, dust-bin or other receptacle for filth, sullage-water rubbish or refuse.

268      To require the provision and cleansing of latrines and urinals for factories, etc.   

269 (in part)    To require the cleansing, repairing, covering, filling up or draining off of wells, tanks, etc. Appealable.

270      To inspect drains, etc., and to cause the ground to be opened.   

271      To require the cleansing of filthy buildings or lands.         

273(1)(a)           To provide receptacles and places for the temporary deposit of offensive matters.           

275(1) To arrange for the disposal of dead bodies of animals.    

275(3) (in part)               To charge and recover fees for such disposal.     

276      To give permission for, and to prescribe conditions regarding the discharging of sewage, etc.       

277      To enter and inspect a building and to direct that a building be disinfected, etc. 

[278]   To issue orders regarding buildings unfit for human habitation.   Appealable.

280      To remove to hospital a cholera or small-pox patient etc.              

283      To require an owner or occupier to clear away noxious vegetation.          

284(1) To require that excavation, etc., made in contravention of bye-laws or the conditions of a permission, shall be filled up or shall be drained.    

291      To apply to the collector to recover rent of land.

293      To charge fees for the use or occupation of immovable property vested in, or entrusted to the management of the [Municipality] and to levy or recover such charge.             

294      To charge fees for licences, sanction and to permission.

307      To cause a work to be executed and to recover the expenses thereof.    

308      To require an occupier to pay rent to a [Municipality] instead of to the defaulting owner, and to require an occupier to furnish information regarding the rent payable by him, etc.

309      To approve the execution of a work by an occupier.         

312      To recover the cost of removal by sale of materials removed, to restore the materials to the owner, under certain conditions, or to sell them when not claimed by the owner.       

313(2) To give notice to a trustee or an agent to apply moneys received on behalf of an owner to the discharge of obligations of the owner.          

314      To institute prosecutions by making complaints and giving information, and to authorize other persons to make such complaints and give such information.      

317      To receive information from a police officer.       

Schedule III

Notice Of Proposals To Impose Tax

[Sub-section (3) of Section 131]

Notice is hereby given to the inhabitants of the [municipal area] of ...... that the [Municipality] desires to impose the tax, rate, [* * *] or cess (as the case may be) described in the proposals appended in ** To be inserted if the tax is to be substituted for any existing tax. lieu of the tax known as the..........

Any inhabitant of the [municipal area] objecting to the proposals or rules appended hereto may, within a fortnight from date of this notice, send his objections in writing to the [Municipality].

Proposals

The proposals framed by the [Municipality] under sub-section (1) of Section 131 are to be appended here.

Rules

The rules prepared by the [Municipality] under sub-section (2) of Section 131 are to be appended here.

Schedule IV

Form Of Notice Of Demand

[Section 168]

To,

A, B residing at... Take notice that the municipal area of demands from....................... to sum of...................due from..........on account of (here describe the property, occupation, circumstance or thing in respect of which the sum is leviable).................. leviable under..........for the period........... of.........commencing on the................. day of 20 and ending on the day of 20....................., and that if, within fifteen days from the service of this notice, the said sum is not paid into the municipal office at..............or sufficient cause for non-payment is not shown to the satisfaction of the municipal area, a warrant of distress will be issued for the recovery of the same with costs.

Dated............ this day of.............. 20...............

(Signed)

By order of the municipal area of.................

Schedule V

Form Of Warrant

[See sub-section (1) of Section 169]

(Here insert the name of the officer charged with the.................... execution of the warrant).

Whereas A, B, of............................ has not paid............ and has not shown satisfactory cause for the non-payment of the sum of.................due for the liability [.......... mentioned in the margin for the period]................commencing on the..........................day of...............20......., and ending with the.....day of.......................20........, and leviable under............... :

And whereas fifteen days have elapsed since the service on him of notice of demand for the same :

This is to command you to distrain, subject to the provisions of Section 171 of the United Provinces Municipalities Act, 1916 the goods and chattels of the said A, B, to the amount of.................being the amount due from him as follows :

             Rs.          P.

On account of the said liability ............ ............

For service of notice     ............ ............

and forthwith to certify to me together with this warrant all particulars of the goods seized by you thereunder.

Dated this....... day of......... 20..........

(Signed)

[President] or other officer.

[See Section 169(2)]

Note. - It shall not be necessary to execute the warrant if the defaulter makes full payment to you before removal of his goods.

Schedule VI

Form Of Inventory Of Goods Distrained And Notice Of Sale

[See sub-section (4) of Section 171]

To,

A, B,................ residing at...............Take notice that I have this day seized the goods and chattels specified in the inventory beneath this, for the value of..................... due of the liability [mentioned in the margin for the period commencing with] the.................day of...............20............., and ending with the............... day of................. 20.............., together with Rs........... due for service of notice of demand and that unless within 5 days. from the date of the service of this notice you pay into the municipal office at................................the said amount together with the cost of recovery, otherwise the said goods and chatties will be sold.

Dated this.................day of................20

(Signature of officer executing the warrant)

Inventory

Schedule VII

Powers Of The Substituted By Alo 1950.[State Government] Tpiat May Not Be Delegated

[See Section 327]

Section              Powers of duties

1           2

[3(1)]  To specify with limits any area to be a transitional area or a smaller urban area, as the case may be.

3(2)     To include or exclude any area in or from a transitional area or a smaller urban area, as the case may be.

8(1)(n)               [To declare expenditure or anything to be an appropriate charge on the municipal fund.]

[9(a)]  To prescribe by notification the number of members of [Municipality] whom may be elected.

[9(b)]  To nominate the members to the Nagar Panchayats or to the Municipal Council, as the case may be.

10         [* * *]

12(3)   [* * *]

[13A    To appoint date, or dates for general election to a Municipality.]

[13D]  To remove a disqualification under (a) and (b) of this section.

13I       [* * *]

22         [* * *]

30         To dissolve [* * *] a [Municipality] for a specified period.

31         [* * *]

34(2)   To rescind or modify an order passed under this section by the [Prescribed Authority] or the District Magistrate with respect to a city.

35 (in part)       [* * *] To fix a period for the performance of duty and if the duty is not performed within the period so fixed, to appoint the District Magistrate to perform it and to direct that the expenses of performing it shall be paid by the [Municipality].

38(4)   [* * *]

40(1)   [To remove a member of a municipality].

40(2)   [* * *]

40(3)   [To remove a member in certain specified circumstances].

40(5)   [* * *]

[40(6)] To warn [* * *] a member as a punishment.

41(4)   To declare a member removed by the State Government to be no longer ineligible for further election [* * *] or nomination.

43(2) & 43(3)   [* * *]

43B      [* * *]

44         [* * *]

44A(2), 44A(3) and 44A(4)         [* * *]

45         [* * *]

47A      [* * *]

48         [To remove] [* * *] a President

55(3)   [To remove] [* * *] a [* * *]

57         [To approve the appointment] of an Executive Officer and a Medical Officer of Health.

[57(2-A)]           To nominate Account Officers and to lay down the terms and conditions of their service.

58         [To entertain and pass orders on an appeal by an Executive Officer against his dismissal, removal or other punishment, to transfer a Medical Officer of Health from one] [Municipality] to another.

58(3) and (4)    [* * *]

[59(3)] [To approve the appointment] of an officiating Executive Officer if the term of appointment exceeds two months.

[60A]  To direct that in any municipality the Medical Officer of Health and not the Executive Officer shall exercise certain powers conferred on the Executive Officer.

[60B]   To direct that in any municipality the principal officer of the Electrical, Public Works and Water-works Departments [and municipal Museum] shall with reference to their departments exercise the powers under clause (e) of sub-section (1) of Section 60.

[65]     In default of his appointment by a [Municipality] to appoint a person to be an Executive Officer or to act as Executive Officer and to fix the salary, contributions to provident fund or pension and other conditions appertaining to such appointment.

65(1) and (3)    [* * *]

73 and 74          [* * *]

79 (4) and (5)  To sanction grant of compassionate allowance or grant or purchase of annuity by [Municipality].

99(2)   To direct submission of budgets to specified Officers.

102      To direct that budgets of specified [Municipalities] shall be subject to sanction.

[104 (1)]            To require a [Municipality] to appoint committees.

110      To require the appointment of joint committees.

[114A] To permit a [Municipality] to raise loans.

115(2) To determine the amount of security of a banker.

116      To make reservation regarding property ordinarily vesting in [Municipality].

117      To acquire land for a [Municipality] under the Land Acquisition Act.

122(1) To declare by notification what portion of the property and liabilities of a [Municipality] shall be transferred to another local authority, when a portion of the municipal area is placed under the control of such local authority.

[122(2)]             To declare what portion of the property and liabilities of a [Municipality] shall be transferred to the State Government when a local area if [excluded from the transitional area or the smaller urban area, as the case may be] and is not immediately placed under the control of another local authority.

122(4) To decide in any case falling under sub-section (1) or (2), that it is undesirable to transfer any portion of municipal funds or liabilities.

124(2) To sanction the transfer to Government of any property vested in [Municipality].

126      To provide police protection at fairs, etc., and to determine the portion of the charges payable by a [Municipality],

[130A] To require a [Municipality] to impose a tax or to vary its rates.

133(2) To sanction, refuse to sanction or return for further consideration proposals for taxation under Section 128, sub-section (1), clauses (i) to (xii) submitted by a city, or proposal for taxation received from any [Municipality] under Section 128, sub-section (1), clause (xiii).

135(2) To notify the imposition of a tax sanctioned by the State Government.

137(1) The require a [Municipality] to remove a defect in or relating to a tax.

137(2) To suspend, abolish or reduce a tax.

157(3) To exempt from taxation.

160(1) To empower an officer to hear appeals against taxation.

[180A] To approve construction of places of public entertainment.

279 and 280     To notify infectious diseases.

296 (in part)    To make rules except rules under clauses (a), (b) and (c) of Section 153 applicable to municipalities other than cities.

318      To appoint an officer to hear appeals from certain orders of [Municipality].

327      To delegate powers.

[336A] To direct that during the transition period, the Act shall have effect subject to certain adaptations, alterations and modifications.

337      [* * *]

338(1)(e)           [* * *]

338(2) [* * *]

339      [* * *]

[Schedule VIII]

List Of Offences

[Section 314]

Section              Description of offences                 Fine or other punishment that may be imposed

1           2                              3

148(2) Failure to report for entry in property assessment list a new or altered building                   Rupees 50 or ten times tax payable for three months.

152(2) Failure to report re-occupation of vacant building                              Rupees 50 or ten times tax due since occupation.

155      [* * *]                  

185      Illegal erection or alteration of building                  Rupees 1,000 subject to a minimum of Rs. 250.

191(2) Illegal constriction or alteration of a drain connection.                    Rupees 50.

201(2) Negligence by customary sweeper                           Rupees 10.

207      Illegal making of street.                 Rupees 500.

210      Construction of unauthorised projection over street or drain.                       Rupees 1,000 subject to a minimum of Rupees 250.

213(3) Failure to obtain permission for, and to safeguard dangerous tree-cutting and building operation.                           Rupees 500 and rupees 10 for each day that offence is repeated after conviction.

217(3) Improper interference with street names and house numbers.                   Rupees 250.

223(2) Interference with arrangements made during street repair, etc.                  Rupees 50.

237(4) Slaughter on unlicensed premises of animals for sale.                      Rupees 20 per animal.

242      Improper feeding of animal kept for dairy purposes or used for food.                       Rupees 50

245      Failure to obey a notice prohibiting or regulating the use of premises for an offensive trade.                      Rupees 200 and Rupees 40 for each day that offence is repeated after conviction.

246      Loitering and soliciting for immoral purposes.                     Rupees 50

247(2) Disobedience to Magistrate’s order prohibiting use of houses as brothel.                                Rupees 25 per day.

248      Importunate begging                     Rupees 50.

252      Neglect of the rules of the road.                Rupees 10.

253      Driving vehicles without proper lights.                    Rupees 20.

254      Failure to remove elephant, etc. to safe distance.                              Rupees 20.

255(1) Allowing cattle to stray or be tethered.                  Rupees 250.

256      Unauthorised use of municipal land as halting place.                        Rupees 100 and Rs. 10 for each day that offence is repeated after conviction.

257(3) Unauthorised erection or continuance of inflammable construction.                         Rupees 25 and Rs. 10 for each day that offence is repeated after conviction.

261(1) Unauthorised interference with pavements and other municipal property.                            Rupees 1,000.

262      Dangerous discharge of firearms or fireworks and indulgence in dangerous games.                            Rupees 20.

265      Obstruction of streets.                  Rupees 500 and Rs. 10 for each day that offence is repeated after conviction.

266      Unauthorised digging on public land.                       Rs. 500 and Rs. 10 for each day that offence is repeated after conviction.

272      Failure of owner or occupier to remove offensive matter.                              Rs. 50 and Rs. 5 for each day that offence is repeated after conviction

274      Improper disposal by owner or occupier of rubbish, nightsoil, etc.                              Rupees 250.

275(2) Failure to dispose of dead animals.                           Rupees 10.

276      Improper discharge of sewage into a street or drain.                        Rupees 250.

279      Failure to give information of cholera, small-pox, etc.                      Rupees 50.

281      Doing certain acts while suffering from infectious disorder.                           Rupees 50.

285(5) Burial or burning of corpses in a place not recognised as a burial or burning ground.                          Rupees 500.

295      Obstruction to municipal employees.                     Rupees 1,000 or imprisonment for six months, or both.

299      Contravention of rules or bye-laws to the breach of which penalty is attached.                     Any sum not exceeding Rupees 1,000 as prescribed, and upto Rs. 25 for each day that offence is repeated after conviction.

306      Disobedience to public notice or provision of the Act applicable to the public.                       1,000 and Rs. 25 for each day that offence is repeated after conviction.

307      Disobedience to notice issued to individual.                         Rupees 1,000 and Rs. 25 for each day that offence is repeated after conviction.

310(3) Refusal by occupier to allow owner to take action required by notice.                      Rupees 25 for each day of refusal].

Schedule IX

Repealed Enactments

[Section 334(1)]

Year    No.         Short title or subject

                             Acts of the Substituted by ALO 1950.[State Government]

1900    I               The United Provinces Municipalities Act.

1901    V             The United Provinces Municipalities (Amendment) Act.

1907    I               The United Provinces Municipalities (Amendment) Act.

1891    I               The United Provinces Water-Works Act.

1895    II             The United Provinces Water-Works (Amendment) Act.

1901    I               The United Provinces Water-Works (Amendment) Act.

1908    I               The United Provinces Water-Works (Amendment) Act.

1892    I               The United Provinces Lodging House Act.

1894    III            The United Provinces Sewage and Drainage Act.