JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	200021
Act Number:	21
Enactment Date:	2000-11-14
Act Year:	2000
Short Title:	The JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000
Long Title:	An Act to amend and consolidate the law relating to the establishment of Municipal Corporation for certain Municipal areas in the State of Jammu and Kashmir.
Department:	Department of Housing and Urban Development
Enforcement Date:	14-11-2000
Type:	STATE
Location:	Jammu and Kashmir

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Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. Declaration of Municipal area as Corporation.
Section 4. Incorporation and constitution of Corporation.
Section 5. Duration of the Corporation.
Section 6. Delimitation of wards.
Section 7. Qualifications for Councillors.
Section 8. Disqualification of Councillor
Section 9. Election to the Corporation
Section 10. Reservation of seats.
Section 10-A. Reservation of seats for certain categories.
Section 11. Right to Vote.
Section 12. Filling of casual vacancies.
Section 13. Publication of results of elections.
Section 14. Election petition.
Section 15. Relief that may be claimed by the petitioner.
Section 16. Grounds for declaring election to be void.
Section 17. Procedure to be followed by the prescribed authority.
Section 18. Decision of prescribed authority.
Section 19. Procedure in case of equality of votes.
Section 20. Finality of decision.
Section 21. Corrupt practices
Section 22. Maintenance of secrecy of voting.
Section 23. Officers etc. at elections not to act for candidates or to influence voting.
Section 24. Prohibition of canvassing in or near polling station and of public meeting on election day.
Section 25. Penalty for disorderly conduct in or near polling station.
Section 26. Penalty for misconduct at the polling station.
Section 27. Breaches of official duty in connection with election.
Section 28. Removal of ballot papers from Polling Station to be an offence
Section 29. Offence of booth capturing.
Section 30. Other offence and penalties
Section 31. Power to make rules regulating the election of Councillors.
Section 32. Bar to interference by Courts in electoral matters.
Section 33. Oath of affirmation by Councillor.
Section 34. Removal of or resignation by Councillors.
Section 34-A. Disqualification on ground of defection.
Section 34-BB. Disqualification on the ground of defection not to apply in case of split
Section 34-B. Disqualification on ground of defection not to apply in case of merger.
Section 34-C. Decision on question as to disqualification on ground of defection
Section 34-D. Appeals.
Section 34-E. Bar of Jurisdiction.
Section 35. Payment of allowances to Councillors.
Section 36. Annual election of Mayor, Deputy Mayor and their term of office.
Section 37. Motion of No-confidence against Mayor or Deputy Mayor
Section 38. Discharge of functions of the Mayor by Deputy Mayor.
Section 39. Resignation of Mayor and Deputy Mayor
Section 39-A. Constitution of Ward Committees
Section 39-B. Constitution of Area Sabha.
Section 40. Standing Committees.
Section 41. General Powers of Corporations.
Section 42. Functions of Corporations to be entrusted by Government.
Section 43. Obligatory functions of the Corporation.
Section 44. Discretionary functions of the Corporation.
Section 45. Appointment of Commissioner.
Section 46. Appointment of Joint/Assistant Commissioner and certain other officers.
Section 47. Salary and allowances of Commissioners.
Section 48. Leave etc. to Commissioner.
Section 49. Contribution by Corporation.
Section 50. Function of the Commissioner.
Section 51. Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc.
Section 52. Exercise of power to be subject to sanction.
Section 53. Meetings
Section 54. First Meeting of the Corporation after general elections for election of Mayor
Section 55. Notice of Meetings and business.
Section 56. Quorum.
Section 57 . Presiding Officer.
Section 58. Method of deciding question.
Section 59. Maintenance of order at and admission of public to meetings.
Section 60. Councillor not to vote on matter in which he is interested.
Section 61. Right to attend meetings of Corporation and its Committees etc. and right of Councillor to ask the questions.
Section 62. Power to make regulations.
Section 63. Keeping of minutes and proceedings.
Section 64. Circulation of minutes and inspection of minutes and reports of proceedings.
Section 65. Forwarding minutes and reports of proceedings to Government.
Section 66. Validation of proceedings etc.
Section 67. Validation of proceedings etc.
Section 67-A. Staff
Section 68. Officers and other employees not to be interested in any contract etc. with Corporation
Section 69. Constitution of Corporation Fund.
Section 69-A. Constitution of Basic Services Fund
Section 70. Corporation Fund to be kept in Jammu and Kashmir Bank or in a Scheduled Bank in a Government Treasury.
Section 71. Operation of accounts with banks
Section 72. Payment not to be made unless covered by a budget grant.
Section 73. Duty of persons signing Cheques.
Section 74. Procedure when money not covered by a budget grant is expended.
Section 75. Application of Corporation Fund.
Section 76. Payments from Corporation Fund for works urgently required for public service.
Section 77. Investment of surplus money
Section 78. Constitution of special funds.
Section 79. Finance Commission.
Section 80. Budget Estimates.
Section 81. Power of Corporation to alter budget estimates.
Section 82. Power of Corporation to readjust income and expenditure during the year.
Section 83. Provisions as to unexpended budget grant.
Section 83-A. Reservation of land for housing to economically weaker sections and low income groups.
Section 83-B. Identification of eligible persons and determination of cost of land or houses.
Section 83-C. Incentives to developers.
Section 83-D. Non-residential development
Section 83-E. Utilization of shelter fee.
Section 84. Taxes, etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government.
Section 85. Fees that may be charged by the Corporation.
Section 86. Description and class of property tax.
Section 87. Omitted.
Section 88. Determination of taxable annual value.
Section 89. Taxation of Union properties.
Section 90. Incidence of taxes on lands and buildings.
Section 91. Omitted.
Section 92. Omitted.
Section 93. Omitted.
Section 94. Omitted.
Section 95. Evidentiary value of assessment list and unit area value.
Section 96. Omitted.
Section 97. Omitted.
Section 98. Notice of transfers.
Section 99. Notice of erection of building etc.
Section 100. Notice of demolition or removal of building.
Section 101. Power of Commissioner to call for information.
Section 102. Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property.
Section 103. Assessment in case of amalga-mation of premises.
Section 104. Power of Commissioner to assess separately out houses and portion of building.
Section 105. Powers of Commissioner to employ valuers.
Section 106. Recovery of tolls or taxes.
Section 107. Tax on vehicles and animals.
Section 108. Tax on whom leviable.
Section 109. Exemption from taxes on vehicles and animals.
Section 110. Levy of development tax.
Section 111. Amount of development tax.
Section 112. Payment of development tax.
Section 113. Notice on completion of scheme.
Section 114. Assessment of development tax.
Section 115. Tax on advertisements.
Section 116. Prohibition of advertisement without written permission of Commissioner.
Section 117. Permission of Commissioner to become void in certain cases.
Section 118. Presumption in case of contravention.
Section 119. Power of Commissioner in case of contravention.
Section 120. Fee on building applications.
Section 121. Time and manner of payment of taxes or fees.
Section 122. Presentation of bill of tax or fee.
Section 123. Consequences of the failure to pay tax or fee within thirty days
Section 124. Manner of recovering tax or fee.
Section 125. Power of seizure of vehicles and animals in case of non-payment of tax thereon
Section 126. Demolition etc. of building
Section 127. Omitted
Section 128. Omitted
Section 129. Omitted
Section 130. Omitted
Section 131. Omitted
Section 132. Appeal.
Section 133. Limitation for appeal.
Section 134. Finality of appellate orders
Section 135. Taxation not to be questioned except under this Act.
Section 136. Power to inspect for the purposes of determining the taxable annual value of tax or fee.
Section 137. Composition.
Section 138. Irrecoverable debts.
Section 139. Obligation to disclose liability.
Section 140. Power to amend list in certain cases
Section 141. lmmaterial error not to affect liability.
Section 142. Powers of exemption.
Section 143. Powers of Government in regard to taxes.
Section 143-A. Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.
Section 144. Power of Corporation to borrow.
Section 145. Time for repayment of money borrowed under section 144.
Section 146. Form and effect of debentures
Section 147. Receipt by joint holders for the interest or dividend.
Section 148. Maintenance and investment of sinking fund.
Section 149. Application of sinking funds.
Section 150. Annual statement by Commissioner.
Section 151. Priority of payment for interest and repayment of loans over other payment
Section 152. Attachment of Corporation Fund for recovery of money borrowed from the Government.
Section 153. Power to make regulations.
Section 154. Property vested in Corporation and management of public institutions
Section 155. Acquisition of immovable property by agreement.
Section 156. Procedure when immovable property cannot be acquired by agreement
Section 157. Disposal of property.
Section 158. Contracts by Corporation.
Section 159. Procedure for making contracts.
Section 160. Mode of executing contracts.
Section 161. Maintenance of Accounts.
Section 162. Report by Audit agency.
Section 163. Action by Commissioner on the Report.
Section 164. Procedure to be followed by audit agency.
Section 165. Power of auditor to make queries etc. and call for returns.
Section 166. Definitions.
Section 167. Power to require Corporation to carry out surveys and formulate proposals.
Section 168. Power to construct additional works.
Section 169. Functions in relation to water supply.
Section 170. Supply of water to connected premises.
Section 171. Power to supply water for non-domestic purposes
Section 172. Making connection with municipal water works.
Section 173. Obligation of owner or occupier to give notice of waste of water.
Section 174. Cutting of supply to premises.
Section 175. New premises not to be occupied without arrangement for water supply.
Section 176. Public gratuitous water supply.
Section 177. Power to lay mains.
Section 178. Power to lay service pipes etc.
Section 179. Provision of fire hydrants.
Section 180. Power to enter premises to detect waste or misuse of water
Section 181. Power to test water fittings.
Section 182. Power to close or restrict use of water from polluted source of supply.
Section 183. Water pipes not to be placed where water will be polluted.
Section 184. Joint and several liability of owners and occupiers for offence in relation to water supply.
Section 185. Public drains etc. to vest in Corporation.
Section 186. Control of drains and sewage disposal works.
Section 187. Certain matters not to be passed into municipal drains.
Section 188. Application by owners and occupiers to drain into municipal drain.
Section 189. Drainage of undrained premises.
Section 190. New premises not to be erected without drainage.
Section 191. Power to drain group or block of premises by combined operations
Section 192. Power of Commissioner to close or limit the use of private drain in certain cases.
Section 193. Use of drain by a person other than owner.
Section 194. Sewage and rain water drains to be distinct.
Section 195. Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.
Section 196. Appointment of places for the emptying of drains and disposal of sewage.
Section 197. Connection with water works and drains not to be made without permission.
Section 198. Buildings and private streets not to be erected or constructed over drains or water works without permission.
Section 199. Right of user of property for aqueducts, lines etc.
Section 200. Power of owner of premises to place pipes and drains through land belonging to other persons.
Section 201. Power of owner of premises to place pipes and drains through land belonging to other persons.
Section 202. Power of Commissioner to execute work after giving notice to the person liable to do so.
Section 203. Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool.
Section 204. Power of Commissioner to examine and test drain etc. believed to be defective.
Section 205. Employment of Government agencies for repairs etc.
Section 206. Work to be done by licensed plumber.
Section 207. Prohibition of certain acts.
Section 208. Vesting of public streets in Corporation.
Section 209. Functions of Commissioner in respect of public streets.
Section 210. Disposal of land forming site of public streets permanently.
Section 211. Power to make new public streets.
Section 212. Minimum width of new public streets.
Section 213. Power to prohibit use of public streets for certain kinds of traffic
Section 214. Power to acquire land and buildings for public streets and for public parking places.
Section 215. Defining regular lines of streets.
Section 216. Setting back building to regular line of streets.
Section 217. Compulsory setting back of building to regular line of streets.
Section 218. Acquisition of open land and land occupied by platforms etc. within a regular line of streets.
Section 219. Acquisition of remaining part of building and land after their portions within regular line of streets have been acquired.
Section 220. Setting forward of building to regular line of street
Section 221. Compensation to be paid in certain cases of setting back or setting forward of buildings etc.
Section 222. Owner’s obligation when dealing with land or building sites.
Section 223. Layout plans.
Section 224. Alteration or demolition of street made in breach of section 223.
Section 225. Power of Commissioner to order work to be carried out or to carry it out himself in default.
Section 226. Declaration of public streets.
Section 227. Prohibition of projection upon street etc.
Section 228. Projection over streets may be permitted in certain cases.
Section 229. Ground floor door etc. not to open outwards on streets.
Section 230. Prohibition of structures, fixtures or deposit of things in streets.
Section 231. Special provision regarding streets belonging to Government.
Section 232. Power to remove anything deposited or exposed for sale in contravention of this Act.
Section 233. Prohibition of tethering of animals and milking of cattle.
Section 234. Precautions during repairs of streets
Section 235. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
Section 236. Disposal of things removed under this chapter.
Section 237. Naming and numbering to streets.
Section 238. Commissioner to take steps for repairing or enclosing places
Section 239. Measures for lighting.
Section 240. Prohibition of removal, etc. of lamps.
Section 241. Definitions.
Section 242. Prohibition of erection of building without sanction.
Section 243. Erection of building.
Section 244. Applications for additions to, or repairs of building.
Section 245. Condition of valid notice.
Section 246. Sanction or refusal of building or work.
Section 247. When building or work may be proceeded with.
Section 248. Sanction accorded under misrepresentation.
Section 249. Building at corners of street.
Section 250. Provisions as to buildings and works on either side of new streets.
Section 251. Period for completion of building or work.
Section 252. Prohibition against the inflammable materials for buildings etc. without permission.
Section 253. Order of demolition and stoppage of building and works in certain cases and appeal
Section 254. Order of stoppage of building or works in certain cases.
Section 255. Power of the Government to give direction for compounding deviations from sanctioned plan.
Section 256. Power of Commissioner to require alteration of work.
Section 257. Completion certificate.
Section 258. Restrictions on use of buildings and removal of dangerous buildings.
Section 259. Power to order building to be vacated in certain circumstances.
Section 260. Building Scheme.
Section 261. Provision for daily cleansing of streets and removal of rubbish and filth
Section 262. Rubbish etc. to be property of Corporation.
Section 263. Provision for placement of receptacles, depots and places for rubbish etc.
Section 264. Duty of owners and occupiers to collect and deposit rubbish etc.
Section 265. Removal of rubbish etc. accumulated on premises used as factories, workshops, etc.
Section 266. Prohibition against accumulation of rubbish etc.
Section 267. Commissioner's power to get premises scavenged and cleansed.
Section 268. Public latrines, urinals, etc.
Section 269. Construction of latrines and urinals.
Section 270. Latrines and urinals etc. in new buildings
Section 271. Latrines and urinals for labourers etc.
Section 272. Provision of latrines and urinals for markets etc.
Section 273. Other provisions as to private latrines.
Section 274. Removal of congested building.
Section 275. Power of Commissioner to require improvement of buildings unfit for human habitation.
Section 276. Enforcement of notice requiring execution of works of improvement.
Section 277. Power of Commissioner to order demolition of buildings unfit for human habitation.
Section 278. Insanitary huts and sheds
Section 279. Prohibition against washing by washerman.
Section 280. Obligation to give information of dangerous disease.
Section 281. Removal of patient to hospital suffering from dangerous disease.
Section 282. Disinfections of buildings and articles.
Section 283. Destruction of infectious huts or sheds.
Section 284. Means of disinfection
Section 285. Special measures in case of out-break of dangerous or epidemic disease
Section 286. Infected clothes not to be sent to washerman or to laundry.
Section 287. Contamination and disinfection of public conveyances
Section 288. Driver of conveyance not bound to carry persons suffering from dangerous diseases.
Section 289. Disinfection of buildings before letting the same.
Section 290. Disposal of infected articles without disinfection.
Section 291. Prohibition of making or selling of food, etc. or washing of clothes by infected persons
Section 292. Power to restrict or prohibit sale of food or drink.
Section 293. Control over wells and tanks etc.
Section 294. Duty of persons suffering from dangerous diseases
Section 295. Disposal of infectious corpse, where any person has died from any dangerous disease
Section 296. Conditions of service of Safai Karamcharies and certain other classes of persons employed in Corporation services.
Section 297. Power to call for information regarding burning and burial ground.
Section 298. Permission for use of new burning or burial ground.
Section 299. Power to require closing of burning and burial grounds.
Section 300. Removal of corpses.
Section 301. Disposal of dead animals.
Section 302. Prohibition of nuisances
Section 303. Power of Commissioner to require removal or abatement of nuisance.
Section 304. Registration and control of dogs.
Section 305. Stacking or collecting inflammable materials.
Section 306. Care of naked lights
Section 307. Discharging fire works, fire arms etc.
Section 308. Power to require buildings, wells etc. to be rendered safe.
Section 309. Enclosure of waste land used for improper purposes
Section 310. Establishment and maintenance of fire brigade.
Section 311. Power of members of fire-brigades and other persons for suppression of fire
Section 312. Limitation on operation of this Chapter.
Section 313. Provision of municipal markets and slaughter houses.
Section 314. Use of municipal markets.
Section 315. Private markets and slaughter houses
Section 316. Conditions of grant of license for private market.
Section 317. Prohibition of keeping markets open without licence etc.
Section 318. Prohibition on use of unlicensed markets
Section 319. Prohibition of business and trade.
Section 320. Levy of stallages, rent and fees.
Section 321. Stallages, rent etc. to be published.
Section 322. Butcher's, fishmonger's and poulterer's licence
Section 323. Factory etc. not to be established without permission of the Commissioner.
Section 324. Premises not to be used for certain purposes without licence.
Section 325. Seizure of certain animals.
Section 326. Power of the Commissioner to prevent use of premises in particular area for the purposes referred in section 324.
Section 327. Licence for hawking articles etc.
Section 328. Eating houses etc. not to be used without license from Commissioner.
Section 329. Licensing and control of theatre, circuses and places of public amusement.
Section 330. Power of Commissioner to stop use of premises used in contravention of licences.
Section 331. Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected.
Section 332. Improvement scheme.
Section 333. Matters to be provided for in an improvement scheme
Section 334. Submission of improvement scheme to the Corporation for approval and to the Government for sanction.
Section 335. Publication of the notice after scheme is sanctioned.
Section 336. Rehousing Scheme.
Section 337. Improvement scheme and Rehousing scheme to comply with master plan and zonal development plan.
Section 338. Provision of housing accommodation for the economically weaker sections.
Section 339. Prohibiting felling, cutting, damaging, destroying any tree in any urban area.
Section 340. Constitution of Tree Authority.
Section 341. Meeting of Tree Authority.
Section 342. Duties of Tree Authority.
Section 343. Appointment of Tree Officer
Section 344. Application for permission for cutting, felling or removal of a tree
Section 345. Permission for felling of tree.
Section 346. Planting of adequate number of trees
Section 347. Planting in place of fallen/destroyed trees.
Section 348. Responsibilities for preservation of trees.
Section 349. The recovery of expenditure on failure to comply with orders for planting of trees.
Section 350. Appeals.
Section 351. Seizure.
Section 352. Penalty.
Section 353. Compounding of offences
Section 354. Operation of other laws not barred.
Section 355. Power to make rules
Section 356. Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.
Section 357. Power of entry and inspection.
Section 358. Power to enter land, adjoining land in relation to any work.
Section 359. Breaking into building.
Section 360. Time of making entry.
Section 361. Consent ordinarily to be obtained.
Section 362. Regard to be had to social or religious usages
Section 363. Prohibition of obstruction or molestation in execution of work.
Section 364. Public notice how to be made known.
Section 365. Newspaper in which advertisement of notices to be published
Section 366. Proof of content etc. of Commissioner etc.
Section 367. Notices etc. to fix reasonable time.
Section 368. Signature on notices etc. may be stamped.
Section 369. Notice etc. by whom to be served or issued.
Section 370. Service of notices, etc.
Section 371. Power in case of non-compliance with notice, etc.
Section 372. Liability of occupier to pay in default of owner.
Section 373. Execution of work by occupier in default of owner and deduction of expenses from rent.
Section 374. Relief to agents and trustees
Section 375. General power to pay compensation.
Section 376. Compensation to be paid by offenders for damage caused by them
Section 377. Mode of receiving certain dues.
Section 378. Right of owner to apply to Court of the District Judge in case of obstruction by occupier.
Section 379. General powers and procedure of the Court of District Judge.
Section 380. Fees in proceeding before the Court of District Judge.
Section 381. Repayment of half fee on settlement before hearing.
Section 382. Power of the Court of District Judge to delegate certain powers and to make rules.
Section 383. Punishment for certain offences
Section 383-A. Eviction of unauthorised occupants.
Section 384. General Penalty.
Section 385. Offences by Companies.
Section 386. Police establishment.
Section 387. Arrest of offenders.
Section 388. Powers to initiate legal proceedings etc. and obtain legal advice
Section 389. Prosecution.
Section 390. Composition of offences.
Section 391. Protection of action taken in good faith etc.
Section 392. Notice to be given of suits.
Section 393. Supplemental provision respecting rules.
Section 394. Supplemental provisions respecting regulations
Section 395. Powers to make bye-laws.
Section 396. Penalty for breaches of bye-laws.
Section 397. Supplemental provisions respecting bye-laws.
Section 398. Bye-laws to be available for inspection and purchase.
Section 399. Power of Government to require production of documents.
Section 400. Inspection.
Section 401. Powers to give directions
Section 402. Powers to provide for enforcement of direction under section 398
Section 403. Power of revision.
Section 404. Dissolution of Corporation.
Section 405. Delegation.
Section 406. Validity of notices and other documents.
Section 407. Admissibility of document or entry as evidence.
Section 408. Evidence of Corporation officer or employee.
Section 409. Prohibition against obstruction of Mayor or any Corporation authority
Section 410. Prohibition against removal of mark.
Section 411. Prohibition against removal or obliteration of notice.
Section 412. Prohibition against unauthorised removal of deposit, etc
Section 413. Liability of Councillors.
Section 414. Councillors and Corporation officers and employees to be public servants.
Section 415. Annual Administration Report
Section 416. Construction of reference
Section 417. Special provisions as to rural areas.
Section 418. Power to suspend any resolution or order of the Corporation
Section 419. Power of Government to modify proceedings.
Section 420. Power of Government to withdraw any area of Municipal area from operation of Act.
Section 421. District Planning Committee.
Section 422. Transitional provisions.
Section 423. Provisions regarding officers and employees.
Section 424. Assets, liabilities, debts, obligations, contracts and pending proceedings.
Section 425. Provision for municipality or local authority which is superseded.
Section 426. Power to enquire and make report about misconduct of certain officer or official
Section 427. Power to remove difficulties
Section 428. Repeal of Act No. VIII, Samvat 2008.