CONSTITUTION AND GOVERNMENT OF MUNICIPALITIES

Discretionary functions of Municipalities

§8

Summary

8. (1) A 1[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 building, and their compounds, to abut on such streets; 2[ (aa) preparing and executing Master Plan ; ] (b) constructing, establishing maintaining or contributing to the maintenance of 3[ x x x], libraries, museums, reading rooms, radio receiving stations, lepers homes, orphanages, baby folds and rescue homes for women lunatic asylums, halls, offices, dharamshalas, resthouses, encamping grounds, poor-houses, dairies, baths, bathing ghats, washing places, drinking fountains, tanks, wells, dams, and other works of public utility ; (c) 4[ * * * * ] (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 ; 5[ (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 or property vested in or entrusted to the management and control of the Municipality ; ] (f) 4[ * * * * ] (g) giving relief, on the occurrence of local calamities, by the establishment and maintenance of relief works or otherwise ; (h) 4[ * * * * ] (i) securing or assisting to secure suitable places for the carrying on of any trade or manufacture mentioned under sub-head (a) or 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 night soil and rubbish ; (k) constructing, subsidizing or guaranteeing tramways, railroads or other means of locomotion and electric [or gas] lighting or electric [or gas]7 power works ; 6[ (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 Centers 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) organising or contribution 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] 7[ (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 1[Municipality] with the sanction in the case of cities of the State Government and in the case of other municipalities 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 the 1[Municipality] or 1[Municipalities] concerned and thereupon the provisions of this Act shall apply thereto as if it had been a duty imposed by section 7. (2) A 1[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].

8. (1) A 1[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 building, and their compounds, to abut on such streets; 2[ (aa) preparing and executing Master Plan ; ] (b) constructing, establishing maintaining or contributing to the maintenance of 3[ x x x], libraries, museums, reading rooms, radio receiving stations, lepers homes, orphanages, baby folds and rescue homes for women lunatic asylums, halls, offices, dharamshalas, resthouses, encamping grounds, poor-houses, dairies, baths, bathing ghats, washing places, drinking fountains, tanks, wells, dams, and other works of public utility ; (c) 4[ * * * * ] (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 ; 5[ (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 or property vested in or entrusted to the management and control of the Municipality ; ] (f) 4[ * * * * ] (g) giving relief, on the occurrence of local calamities, by the establishment and maintenance of relief works or otherwise ; (h) 4[ * * * * ] (i) securing or assisting to secure suitable places for the carrying on of any trade or manufacture mentioned under sub-head (a) or 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 night soil and rubbish ; (k) constructing, subsidizing or guaranteeing tramways, railroads or other means of locomotion and electric [or gas] lighting or electric [or gas]7 power works ; 6[ (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 Centers 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) organising or contribution 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] 7[ (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 1[Municipality] with the sanction in the case of cities of the State Government and in the case of other municipalities 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 the 1[Municipality] or 1[Municipalities] concerned and thereupon the provisions of this Act shall apply thereto as if it had been a duty imposed by section 7. (2) A 1[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].

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