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

§102

Summary

{}

← Previous Section Next Section →

Explore this Chapter

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