JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000

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

Act Number	21
Act Year	2000
Enactment Date	2000-11-14
Department	Department of Housing and Urban Development

Sections

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