JAMMU AND KASHMIR MUNICIPAL ACT, 2000

The JAMMU AND KASHMIR MUNICIPAL ACT, 2000

Rules Regulations Notifications Orders Circulars Ordinance Statutes

Act ID:	200020
Act Number:	20
Enactment Date:	2000-11-14
Act Year:	2000
Short Title:	The JAMMU AND KASHMIR MUNICIPAL ACT, 2000
Long Title:	Received the assent of the Governor on 14th November, 2000 and published in the Government Gazette dated 14th November 2000
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 2A. Substitution of expression.
Section 3. Classification of municipalities.
Section 4. Procedure for declaring muni-cipal area.
Section 5. Notification of intention to include a local area in a municipal area.
Section 6. Notification of intention to exclude local area from a municipal area.
Section 7. Exclusion of local area from a municipal area.
Section 8. Effect of exclusion of local area from municipal area.
Section 9. Power to abolish municipal area.
Section 10. Composition of municipalities.
Section 11. Reservation of seats.
Section 11-A. Reservation of seats for certain categories.
Section 12. Reservation of offices of Chairperson.
Section 13. Term of office of members.
Section 14. Duration of municipality
Section 15. Resignation of a member of municipality.
Section 15A. Qualification.
Section 16. Disqualification.
Section 17. Bar to hold more than one office.
Section 18. Power of Government as to removal of members.
Section 18-A. Disqualification on ground of defection.
Section 18-B. Disqualification on ground of defection not to apply in case of merger
Section 18-BB. Disqualification on the ground of defection not to apply in case of split.
Section 18-C. Decision on question as to disqualification on ground of defection.
Section 18-D. Appeals.
Section 18-E. Bar of Jurisdiction.
Section 19. Filling of casual vacancies.
Section 20. Incorporation of municipality.
Section 21. Members and employees to be public servants.
Section 22. Election of President and Vice-President.
Section 23. Term of office of and honorarium to President and Vice-President.
Section 24. Resignation of President or Vice-President.
Section 25. Motion of no confidence against President or Vice-President.
Section 26. Removal of President or Vice-President.
Section 27. Notification of elections and nominations.
Section 28. Time for holding meetings.
Section 29. Ordinary and special meetings.
Section 30. Quorum.
Section 31. Chairman of meeting.
Section 32. Vote of majority decisive.
Section 33. Records and publication of proceedings.
Section 33A. Constitution of Ward Committees.
Section 33B. Constitution of Area Sabha.
Section 34. Bye-laws.
Section 35. Appointment of Director.
Section 36. Delegation of powers and functions.
Section 37. Power of President or Vice-President in emergency
Section 38. Joint Committees.
Section 39. Vacancies and irregularities not to invalidate acts and proceedings.
Section 40. Authority to contract.
Section 41. Mode of executing contracts and transfer of property.
Section 42. Penalty on member or employees being interested in any contract with a municipality.
Section 43. Suits against municipality and its employees.
Section 44. Bar of jurisdiction of civil courts.
Section 45. Protection of action taken in good faith.
Section 46. Liability of loss.
Section 47. General Powers of the Muni-cipalities.
Section 48. Powers and authorities of municipalities.
Section 49. Standing Committees.
Section 50. Functions of the Standing Committee.
Section 51. Conduct of business by the Standing Committees.
Section 52. Constitution of municipal fund.
Section 52-A. Constitution of Basic Services Fund.
Section 53. Application of fund.
Section 54. Payment of allowances to the members out of the municipal fund.
Section 55. Custody of municipal fund.
Section 56. Power to deposit and invest surplus funds.
Section 57. Property vested in a municipality.
Section 58. Inventory and map of municipal property.
Section 59. Erection and maintenance of boundary marks of municipal area.
Section 60. Management of public institutions.
Section 61. Acquisition of land.
Section 62. Transfer to Government property vesting in municipality.
Section 62-A. Reservation of Land for Housing to Economically Weaker Sections and Low Income Groups
Section 62-B. Identification of Eligible Persons and Determination of Cost of Land or Houses.
Section 62-C. Incentives to Developers.
Section 62-D. Non-residential Development.
Section 62-E. Utilization of Shelter Fee
Section 63. Power to take over management of water works, sewerage works and roads, etc.
Section 64. Finance Commission.
Section 65. Taxes which municipality shall impose
Section 66. Taxes that may be imposed.
Section 67. Limitation of taxing powers
Section 68. Procedure regarding taxes under section 65.
Section 69. Collection and payment of tax on consumption of electricity.
Section 70. Procedure to impose taxes under section 66.
Section 71. Power of Government in respect of taxation
Section 71-A. Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.
Section 72. Description and class of property tax.
Section 73. Description of taxable annual value.
Section 74. Incidence of tax
Section 75. Duty to furnish information.
Section 76. Evidentiary value of assessment list and unit area value.
Section 77. Tax not invalid for defect of form.
Section 78. Notice on transfer of title.
Section 79. Notice on erection of building etc.
Section 80. Notice of Demolition or removal of building.
Section 81. Omitted.
Section 82. Power of Government to exempt payment of taxes.
Section 83. Taxation of Union Properties.
Section 84. Omitted.
Section 85. Omitted.
Section 86. Recovery of property taxes.
Section 87. Recovery of taxes.
Section 88. Omitted.
Section 89. Taxes on lands and buildings as first charge.
Section 90. Appeal.
Section 91. Limitation for appeal
Section 92. Revision.
Section 93. Omitted.
Section 94. Police force.
Section 95. Powers and duties of police.
Section 96. Special police assistance at fairs etc
Section 97. Establishment and maintenance of fire brigade.
Section 98. Power of fire brigade and other persons to extinguish.
Section 99. Observance of rules and regulations
Section 100. Provision for water supply.
Section 101. Supply of water for domestic purposes.
Section 102. Supply of water for other than domestic purposes.
Section 103. Procedure for water connections.
Section 104. Obligation of owner or occupier to give notice of waste of water.
Section 105. Cutting off water supply to premises
Section 106. Power of municipality in respect of communications etc.
Section 107. Power to require owners of buildings to provide the storage reservoirs for rain water on their premises.
Section 108. Supervision and inspection of works.
Section 109. Repairs of reservoirs.
Section 110. Bathing and washing places.
Section 111. Powers in respect of burial and cremation grounds.
Section 112. Disposal of mad and stray dogs and other animals.
Section 113. Dogs not to be at large.
Section 114. Control of elephants, bears or camels.
Section 115. Taking elephants along public roads
Section 116. Power to require buildings, wells, tanks etc. to be secured.
Section 117. Building etc. in dangerous state.
Section 118. Cleaning of filthy building or land.
Section 119. Paving or draining of cattle-stands.
Section 120. Power to prohibit use of unfit buildings.
Section 121. Power to require owner to clear away noxious vegetation.
Section 122. Power to require hedges and trees to be trimmed.
Section 123. Power to require untenanted buildings becoming a nuisance to be secured or enclosed.
Section 124. Prohibition of cultivation of crop or use of manure or irrigation injurious to health.
Section 125. Regulation of offensive and dangerous trade.
Section 126. Consent of municipality to establish new factories or workshops.
Section 127. Prohibition of cinematograph and dramatic performances except in licensed premises.
Section 128. Power to prohibit trades.
Section 129. Use of steam whistles etc.
Section 130. Provisions of drains, privies, etc.
Section 131. Repairs and closing of drains, privies etc.
Section 132. Unauthorised building over drains etc.
Section 133. Removal of latrines etc. near any source of water supply.
Section 134. Discharging sewerage.
Section 135. Making or altering drains without authority
Section 136. Power to require removal of nuisance arising from tanks and the lake
Section 137. Power of municipality to lay or carry wires, pipes, drains or sewers through private lands.
Section 138. Provision as to wire, pipe, drains or sewers laid or carried above surface of ground.
Section 139. Previous notice.
Section 140. Connection with main not to be made without permission of municipality
Section 141. Sewerage connection.
Section 142. Troughs and pipes for rain water.
Section 143. Information in relation to cholera, small-pox, etc.
Section 144. Removal to hospital of patients suffering from infectious diseases.
Section 145. Disinfection of buildings and diseases.
Section 146. Penalty for letting infected houses.
Section 147. Provision of places and appliances for disinfection.
Section 148. Acts done by persons suffering from certain disorders
Section 149. Keeping of animals injurious to health.
Section 150. Feeding animals on deleterious substances.
Section 151. Prohibition by municipality of use of unwholesome water
Section 152. Penalty for, selling sub-standard food or drinks.
Section 153. Soliciting alms.
Section 154. Removal and deposit of offensive matter.
Section 155. Preparation of compost manure.
Section 156. Power to acquire etc
Section 157. Right of appeal and revision.
Section 158. Bar of jurisdiction.
Section 159. Failure to remove noxious matter.
Section 160. Depositing or throwing of earth or material of any description on roads or into drains.
Section 161. Spitting in places other than drains or receptacles provided.
Section 162. Nuisance by children, and others.
Section 163. Definition of house scavenging.
Section 164. Undertaking by municipality of house scavenging.
Section 165. Abolition of customary rights.
Section 166. Scavenging etc.
Section 167. Continuance of house scavenging once undertaken by municipality
Section 168. Obligation of municipality to perform house scavenging properly.
Section 169. Power of municipal employees for house scavenging purposes.
Section 170. Vesting in, municipality of collection from house scavenging.
Section 171. Establishment of creches for the children of Safai Mazdoors
Section 172. Places for slaughter of animals for sale.
Section 173. Disposal of dead animal.
Section 174. Powers in connection with streets
Section 175. Protection of streets during cutting down of trees, erection or demolition of buildings
Section 176. Notice to lay out street.
Section 177. Order of notice under section 176.
Section 178. Sanction of new street.
Section 179. Operation of sanction.
Section 180. Penalty for laying out street in contravention of the provisions.
Section 181. Notice to owner of land under street.
Section 182. Power to require repairs of streets and to declare such street public
Section 183. Punishment for encroachment or overhanging structure over street.
Section 184. Permission of occupation of public street and removal of obstruction.
Section 185. Power of Deputy Commissioner to remove encroachment.
Section 186. Power to regulate line of a street regulate line of a street
Section 187. Government street.
Section 188. Removal of overhanging structures.
Section 189. Power to attach brackets for lamps.
Section 190. Construction of Stalls.
Section 191. Destroying direction posts lamp posts, etc
Section 192. Bill sticking without permission.
Section 193. Names or numbers of streets, buildings etc.
Section 194. Inflammable materials.
Section 195. Roofs and external walls not to be made of inflammable materials.
Section 196. Picketing animals and collecting carts.
Section 197. Driving vehicles without proper lights
Section 198. Beating drums etc
Section 199. Discharging firearm etc.
Section 200. Building operations, quashing, blasting or cutting timber.
Section 201. Powers to levy fee at fair.
Section 202. General bye-laws.
Section 203. Prohibition to erect buildings without sanction
Section 204. Power of municipality to make bye-laws as to erection or re-erection of buildings
Section 205. Building scheme
Section 206. Regularisation of certain buildings.
Section 207. Punishment for erection or re-erection of a building on sanction of a building scheme under section 205.
Section 208. Powers of municipality to sanction or refuse erection or re-erection of buildings
Section 209. Power of municipality to direct modification of a sanctioned plan of a building before its completion.
Section 210. Completion Certificate and lapse of sanction.
Section 211. Penalty for disobedience.
Section 212. Order of demolition of building and works in certain cases and appeal.
Section 213. Compensations.
Section 214. Power of municipality to regulate the manufacture, preparation and sale of food and drink.
Section 215. Prohibition of possession or sale of wild animals.
Section 216. Penalty for infringement of bye-laws.
Section 217. Confirmation of bye-laws.
Section 218. Power of Government to make bye-laws.
Section 219. Procedure for making bye-laws.
Section 220. Bye-laws to be available for purchase and inspection.
Section 221. Regulation of felling of trees within municipal limits
Section 222. Inspection of drains, privies and cesspools.
Section 223. Inspection of building etc.
Section 224. Other powers of entry on buildings or land
Section 225. Power to inspect places for sale of food or drink etc. and to seize unwholesome articles exposed for sale.
Section 226. Inspections of place for illicit slaughter of animals.
Section 227. Refusal to allow inspection.
Section 228. Search for inflammable or explosive material in excess of authorised quantity.
Section 229. Power of entry into building or land
Section 230. Authorization of powers.
Section 231. Precautions to be observed in entering dwelling.
Section 232. Reasonable time for compliance to be fixed.
Section 233. Authentication, service and validity of notices
Section 234. Service when owner and occupier are different persons.
Section 235. Mode of giving notice to owner or occupier of property.
Section 236. Publication of public notices.
Section 237. Penalty for disobedience of orders of municipalities
Section 238. Compensation for damage.
Section 239. Power of municipality in the event of non-compliance.
Section 240. Penalty of obstruction.
Section 241. Recovery of costs of execution
Section 242. Relief to agents and trustees
Section 243. Payment of compensation
Section 244. Appeals from orders of municipalities.
Section 245. Prosecution to be suspended in certain cases.
Section 246. Appeals from certain orders.
Section 247. Authority for prosecution.
Section 248. Power to compound offences
Section 248-A. Eviction of unauthorised occupant
Section 249. Constitution of Finance Commission to review financial position
Section 250. Presentation of accounts and budget of a municipality.
Section 251. Revision of Budget.
Section 252. Supplementary Budget
Section 253. Maintenance of accounts and restriction of expenditure.
Section 254. Transmission of accounts
Section 255. Power to write off irrecoverable sums
Section 256. Audit of accounts
Section 257. Action by municipality on audit report.
Section 258. Recovery of amounts disallowed.
Section 259. Procedure for recovery of dues of municipality.
Section 260. Conditions of distraint and sale.
Section 261. Preparation of development plan.
Section 262. District Planning Committee.
Section 263. Control by Deputy Commissioner.
Section 264. Power, to suspend execution of orders etc
Section 265. Power of Deputy Commissioner in emergency.
Section 266. Powers to provide for performance of duties in case of default of municipality.
Section 267. Action of Deputy Commissioner to be immediately reported.
Section 268. Power of Government to give directions.
Section 269. Exercise of committee’s power pending establishment of municipality.
Section 270. Power of Government and its officer over municipality.
Section 271. General powers of Government.
Section 272. Power of Government to dissolve municipality for default, abuse of powers, etc
Section 273. Suspension of Office bearers of Municipality.
Section 274. Removal of office bearers of municipality.
Section 275. Power to call for record.
Section 276. Power of inspection and supervision
Section 277. Technical supervision and inspections.
Section 278. Taking over of certain branches or departments of the municipality.
Section 279. Disputes
Section 280. Power of the Government to frame forms and make rules.
Section 281. Definition.
Section 282. Chief Electoral Officer.
Section 283. Officers authorised to bear election petitions.
Section 284. Election petitions.
Section 285. Presentation of petition.
Section 286. Contents of petition
Section 287. Procedure on receiving election petition
Section 288. Withdrawal and transfer of petitions.
Section 289. Procedure before the authorised officers.
Section 290. Appearance before the authorised officer.
Section 291. Powers of the authorised officer.
Section 292. Documentary evidence.
Section 293. Secrecy of voting.
Section 294. Answering incriminating question and certificate of indemnity
Section 295. Expenses of witness.
Section 296. Decision of the authorised officer
Section 297. Grounds for setting aside election.
Section 298. Abatement of election petition.
Section 299. Costs and payment. thereof out of the security deposits and return of such deposits.
Section 300. Execution of orders as to costs.
Section 301. Corrupt practice entailing disqualifications.
Section 302. Corrupt practices.
Section 303. Appeals.
Section 304. Bar to interference by Courts in electoral matters.
Section 305. Power to make rules for conduct of elections
Section 306. Appointment of Executive Officers/Secretaries in municipalities.
Section 307. Posts in Municipality and appointments thereto.
Section 307-A. Power of Government to appoint officers and servants
Section 308. Officers and other employees not to be interested in any contract etc., with municipality.
Section 309. Power to enquire and report about misconduct of certain officers or officials.
Section 310. Power to remove difficulties.
Section 311. Repeal and saving.