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THE JAMMU AND KASHMIR MUNICIPAL ACT, 2000

Jammu and Kashmir

An Act to consolidate, amend and replace the law relating to municipalities in Jammu and Kashmir

Act number
20 of 2000
Department
Housing and Urban Development
Enacted
14 Nov 2000
In force from
14 Nov 2000

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

331 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 2ASubstitution of expression.
  4. Section 3Classification of municipalities.
  5. Section 4Procedure for declaring muni-cipal area.
  6. Section 5Notification of intention to include a local area in a municipal area.
  7. Section 6Notification of intention to exclude local area from a municipal area.
  8. Section 7Exclusion of local area from a municipal area.
  9. Section 8Effect of exclusion of local area from municipal area.
  10. Section 9Power to abolish municipal area.
  11. Section 10Composition of municipalities.
  12. Section 11Reservation of seats.
  13. Section 11-AReservation of seats for certain categories.
  14. Section 12Reservation of offices of Chairperson.
  15. Section 13Term of office of members.
  16. Section 14Duration of municipality
  17. Section 15Resignation of a member of municipality.
  18. Section 15AQualification.
  19. Section 16Disqualification.
  20. Section 17Bar to hold more than one office.
  21. Section 18Power of Government as to removal of members.
  22. Section 18-ADisqualification on ground of defection.
  23. Section 18-BDisqualification on ground of defection not to apply in case of merger
  24. Section 18-BBDisqualification on the ground of defection not to apply in case of split.
  25. Section 18-CDecision on question as to disqualification on ground of defection.
  26. Section 18-DAppeals.
  27. Section 18-EBar of Jurisdiction.
  28. Section 19Filling of casual vacancies.
  29. Section 20Incorporation of municipality.
  30. Section 21Members and employees to be public servants.
  31. Section 22Election of President and Vice-President.
  32. Section 23Term of office of and honorarium to President and Vice-President.
  33. Section 24Resignation of President or Vice-President.
  34. Section 25Motion of no confidence against President or Vice-President.
  35. Section 26Removal of President or Vice-President.
  36. Section 27Notification of elections and nominations.
  37. Section 28Time for holding meetings.
  38. Section 29Ordinary and special meetings.
  39. Section 30Quorum.
  40. Section 31Chairman of meeting.
  41. Section 32Vote of majority decisive.
  42. Section 33Records and publication of proceedings.
  43. Section 33AConstitution of Ward Committees.
  44. Section 33BConstitution of Area Sabha.
  45. Section 34Bye-laws.
  46. Section 35Appointment of Director.
  47. Section 36Delegation of powers and functions.
  48. Section 37Power of President or Vice-President in emergency
  49. Section 38Joint Committees.
  50. Section 39Vacancies and irregularities not to invalidate acts and proceedings.
  51. Section 40Authority to contract.
  52. Section 41Mode of executing contracts and transfer of property.
  53. Section 42Penalty on member or employees being interested in any contract with a municipality.
  54. Section 43Suits against municipality and its employees.
  55. Section 44Bar of jurisdiction of civil courts.
  56. Section 45Protection of action taken in good faith.
  57. Section 46Liability of loss.
  58. Section 47General Powers of the Muni-cipalities.
  59. Section 48Powers and authorities of municipalities.
  60. Section 49Standing Committees.
  61. Section 50Functions of the Standing Committee.
  62. Section 51Conduct of business by the Standing Committees.
  63. Section 52Constitution of municipal fund.
  64. Section 52-AConstitution of Basic Services Fund.
  65. Section 53Application of fund.
  66. Section 54Payment of allowances to the members out of the municipal fund.
  67. Section 55Custody of municipal fund.
  68. Section 56Power to deposit and invest surplus funds.
  69. Section 57Property vested in a municipality.
  70. Section 58Inventory and map of municipal property.
  71. Section 59Erection and maintenance of boundary marks of municipal area.
  72. Section 60Management of public institutions.
  73. Section 61Acquisition of land.
  74. Section 62Transfer to Government property vesting in municipality.
  75. Section 62-AReservation of Land for Housing to Economically Weaker Sections and Low Income Groups
  76. Section 62-BIdentification of Eligible Persons and Determination of Cost of Land or Houses.
  77. Section 62-CIncentives to Developers.
  78. Section 62-DNon-residential Development.
  79. Section 62-EUtilization of Shelter Fee
  80. Section 63Power to take over management of water works, sewerage works and roads, etc.
  81. Section 64Finance Commission.
  82. Section 65Taxes which municipality shall impose
  83. Section 66Taxes that may be imposed.
  84. Section 67Limitation of taxing powers
  85. Section 68Procedure regarding taxes under section 65.
  86. Section 69Collection and payment of tax on consumption of electricity.
  87. Section 70Procedure to impose taxes under section 66.
  88. Section 71Power of Government in respect of taxation
  89. Section 71-APowers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.
  90. Section 72Description and class of property tax.
  91. Section 73Description of taxable annual value.
  92. Section 74Incidence of tax
  93. Section 75Duty to furnish information.
  94. Section 76Evidentiary value of assessment list and unit area value.
  95. Section 77Tax not invalid for defect of form.
  96. Section 78Notice on transfer of title.
  97. Section 79Notice on erection of building etc.
  98. Section 80Notice of Demolition or removal of building.
  99. Section 81Omitted.
  100. Section 82Power of Government to exempt payment of taxes.
  101. Section 83Taxation of Union Properties.
  102. Section 84Omitted.
  103. Section 85Omitted.
  104. Section 86Recovery of property taxes.
  105. Section 87Recovery of taxes.
  106. Section 88Omitted.
  107. Section 89Taxes on lands and buildings as first charge.
  108. Section 90Appeal.
  109. Section 91Limitation for appeal
  110. Section 92Revision.
  111. Section 93Omitted.
  112. Section 94Police force.
  113. Section 95Powers and duties of police.
  114. Section 96Special police assistance at fairs etc
  115. Section 97Establishment and maintenance of fire brigade.
  116. Section 98Power of fire brigade and other persons to extinguish.
  117. Section 99Observance of rules and regulations
  118. Section 100Provision for water supply.
  119. Section 101Supply of water for domestic purposes.
  120. Section 102Supply of water for other than domestic purposes.
  121. Section 103Procedure for water connections.
  122. Section 104Obligation of owner or occupier to give notice of waste of water.
  123. Section 105Cutting off water supply to premises
  124. Section 106Power of municipality in respect of communications etc.
  125. Section 107Power to require owners of buildings to provide the storage reservoirs for rain water on their premises.
  126. Section 108Supervision and inspection of works.
  127. Section 109Repairs of reservoirs.
  128. Section 110Bathing and washing places.
  129. Section 111Powers in respect of burial and cremation grounds.
  130. Section 112Disposal of mad and stray dogs and other animals.
  131. Section 113Dogs not to be at large.
  132. Section 114Control of elephants, bears or camels.
  133. Section 115Taking elephants along public roads
  134. Section 116Power to require buildings, wells, tanks etc. to be secured.
  135. Section 117Building etc. in dangerous state.
  136. Section 118Cleaning of filthy building or land.
  137. Section 119Paving or draining of cattle-stands.
  138. Section 120Power to prohibit use of unfit buildings.
  139. Section 121Power to require owner to clear away noxious vegetation.
  140. Section 122Power to require hedges and trees to be trimmed.
  141. Section 123Power to require untenanted buildings becoming a nuisance to be secured or enclosed.
  142. Section 124Prohibition of cultivation of crop or use of manure or irrigation injurious to health.
  143. Section 125Regulation of offensive and dangerous trade.
  144. Section 126Consent of municipality to establish new factories or workshops.
  145. Section 127Prohibition of cinematograph and dramatic performances except in licensed premises.
  146. Section 128Power to prohibit trades.
  147. Section 129Use of steam whistles etc.
  148. Section 130Provisions of drains, privies, etc.
  149. Section 131Repairs and closing of drains, privies etc.
  150. Section 132Unauthorised building over drains etc.
  151. Section 133Removal of latrines etc. near any source of water supply.
  152. Section 134Discharging sewerage.
  153. Section 135Making or altering drains without authority
  154. Section 136Power to require removal of nuisance arising from tanks and the lake
  155. Section 137Power of municipality to lay or carry wires, pipes, drains or sewers through private lands.
  156. Section 138Provision as to wire, pipe, drains or sewers laid or carried above surface of ground.
  157. Section 139Previous notice.
  158. Section 140Connection with main not to be made without permission of municipality
  159. Section 141Sewerage connection.
  160. Section 142Troughs and pipes for rain water.
  161. Section 143Information in relation to cholera, small-pox, etc.
  162. Section 144Removal to hospital of patients suffering from infectious diseases.
  163. Section 145Disinfection of buildings and diseases.
  164. Section 146Penalty for letting infected houses.
  165. Section 147Provision of places and appliances for disinfection.
  166. Section 148Acts done by persons suffering from certain disorders
  167. Section 149Keeping of animals injurious to health.
  168. Section 150Feeding animals on deleterious substances.
  169. Section 151Prohibition by municipality of use of unwholesome water
  170. Section 152Penalty for, selling sub-standard food or drinks.
  171. Section 153Soliciting alms.
  172. Section 154Removal and deposit of offensive matter.
  173. Section 155Preparation of compost manure.
  174. Section 156Power to acquire etc
  175. Section 157Right of appeal and revision.
  176. Section 158Bar of jurisdiction.
  177. Section 159Failure to remove noxious matter.
  178. Section 160Depositing or throwing of earth or material of any description on roads or into drains.
  179. Section 161Spitting in places other than drains or receptacles provided.
  180. Section 162Nuisance by children, and others.
  181. Section 163Definition of house scavenging.
  182. Section 164Undertaking by municipality of house scavenging.
  183. Section 165Abolition of customary rights.
  184. Section 166Scavenging etc.
  185. Section 167Continuance of house scavenging once undertaken by municipality
  186. Section 168Obligation of municipality to perform house scavenging properly.
  187. Section 169Power of municipal employees for house scavenging purposes.
  188. Section 170Vesting in, municipality of collection from house scavenging.
  189. Section 171Establishment of creches for the children of Safai Mazdoors
  190. Section 172Places for slaughter of animals for sale.
  191. Section 173Disposal of dead animal.
  192. Section 174Powers in connection with streets
  193. Section 175Protection of streets during cutting down of trees, erection or demolition of buildings
  194. Section 176Notice to lay out street.
  195. Section 177Order of notice under section 176.
  196. Section 178Sanction of new street.
  197. Section 179Operation of sanction.
  198. Section 180Penalty for laying out street in contravention of the provisions.
  199. Section 181Notice to owner of land under street.
  200. Section 182Power to require repairs of streets and to declare such street public
  201. Section 183Punishment for encroachment or overhanging structure over street.
  202. Section 184Permission of occupation of public street and removal of obstruction.
  203. Section 185Power of Deputy Commissioner to remove encroachment.
  204. Section 186Power to regulate line of a street regulate line of a street
  205. Section 187Government street.
  206. Section 188Removal of overhanging structures.
  207. Section 189Power to attach brackets for lamps.
  208. Section 190Construction of Stalls.
  209. Section 191Destroying direction posts lamp posts, etc
  210. Section 192Bill sticking without permission.
  211. Section 193Names or numbers of streets, buildings etc.
  212. Section 194Inflammable materials.
  213. Section 195Roofs and external walls not to be made of inflammable materials.
  214. Section 196Picketing animals and collecting carts.
  215. Section 197Driving vehicles without proper lights
  216. Section 198Beating drums etc
  217. Section 199Discharging firearm etc.
  218. Section 200Building operations, quashing, blasting or cutting timber.
  219. Section 201Powers to levy fee at fair.
  220. Section 202General bye-laws.
  221. Section 203Prohibition to erect buildings without sanction
  222. Section 204Power of municipality to make bye-laws as to erection or re-erection of buildings
  223. Section 205Building scheme
  224. Section 206Regularisation of certain buildings.
  225. Section 207Punishment for erection or re-erection of a building on sanction of a building scheme under section 205.
  226. Section 208Powers of municipality to sanction or refuse erection or re-erection of buildings
  227. Section 209Power of municipality to direct modification of a sanctioned plan of a building before its completion.
  228. Section 210Completion Certificate and lapse of sanction.
  229. Section 211Penalty for disobedience.
  230. Section 212Order of demolition of building and works in certain cases and appeal.
  231. Section 213Compensations.
  232. Section 214Power of municipality to regulate the manufacture, preparation and sale of food and drink.
  233. Section 215Prohibition of possession or sale of wild animals.
  234. Section 216Penalty for infringement of bye-laws.
  235. Section 217Confirmation of bye-laws.
  236. Section 218Power of Government to make bye-laws.
  237. Section 219Procedure for making bye-laws.
  238. Section 220Bye-laws to be available for purchase and inspection.
  239. Section 221Regulation of felling of trees within municipal limits
  240. Section 222Inspection of drains, privies and cesspools.
  241. Section 223Inspection of building etc.
  242. Section 224Other powers of entry on buildings or land
  243. Section 225Power to inspect places for sale of food or drink etc. and to seize unwholesome articles exposed for sale.
  244. Section 226Inspections of place for illicit slaughter of animals.
  245. Section 227Refusal to allow inspection.
  246. Section 228Search for inflammable or explosive material in excess of authorised quantity.
  247. Section 229Power of entry into building or land
  248. Section 230Authorization of powers.
  249. Section 231Precautions to be observed in entering dwelling.
  250. Section 232Reasonable time for compliance to be fixed.
  251. Section 233Authentication, service and validity of notices
  252. Section 234Service when owner and occupier are different persons.
  253. Section 235Mode of giving notice to owner or occupier of property.
  254. Section 236Publication of public notices.
  255. Section 237Penalty for disobedience of orders of municipalities
  256. Section 238Compensation for damage.
  257. Section 239Power of municipality in the event of non-compliance.
  258. Section 240Penalty of obstruction.
  259. Section 241Recovery of costs of execution
  260. Section 242Relief to agents and trustees
  261. Section 243Payment of compensation
  262. Section 244Appeals from orders of municipalities.
  263. Section 245Prosecution to be suspended in certain cases.
  264. Section 246Appeals from certain orders.
  265. Section 247Authority for prosecution.
  266. Section 248Power to compound offences
  267. Section 248-AEviction of unauthorised occupant
  268. Section 249Constitution of Finance Commission to review financial position
  269. Section 250Presentation of accounts and budget of a municipality.
  270. Section 251Revision of Budget.
  271. Section 252Supplementary Budget
  272. Section 253Maintenance of accounts and restriction of expenditure.
  273. Section 254Transmission of accounts
  274. Section 255Power to write off irrecoverable sums
  275. Section 256Audit of accounts
  276. Section 257Action by municipality on audit report.
  277. Section 258Recovery of amounts disallowed.
  278. Section 259Procedure for recovery of dues of municipality.
  279. Section 260Conditions of distraint and sale.
  280. Section 261Preparation of development plan.
  281. Section 262District Planning Committee.
  282. Section 263Control by Deputy Commissioner.
  283. Section 264Power, to suspend execution of orders etc
  284. Section 265Power of Deputy Commissioner in emergency.
  285. Section 266Powers to provide for performance of duties in case of default of municipality.
  286. Section 267Action of Deputy Commissioner to be immediately reported.
  287. Section 268Power of Government to give directions.
  288. Section 269Exercise of committee’s power pending establishment of municipality.
  289. Section 270Power of Government and its officer over municipality.
  290. Section 271General powers of Government.
  291. Section 272Power of Government to dissolve municipality for default, abuse of powers, etc
  292. Section 273Suspension of Office bearers of Municipality.
  293. Section 274Removal of office bearers of municipality.
  294. Section 275Power to call for record.
  295. Section 276Power of inspection and supervision
  296. Section 277Technical supervision and inspections.
  297. Section 278Taking over of certain branches or departments of the municipality.
  298. Section 279Disputes
  299. Section 280Power of the Government to frame forms and make rules.
  300. Section 281Definition.
  301. Section 282Chief Electoral Officer.
  302. Section 283Officers authorised to bear election petitions.
  303. Section 284Election petitions.
  304. Section 285Presentation of petition.
  305. Section 286Contents of petition
  306. Section 287Procedure on receiving election petition
  307. Section 288Withdrawal and transfer of petitions.
  308. Section 289Procedure before the authorised officers.
  309. Section 290Appearance before the authorised officer.
  310. Section 291Powers of the authorised officer.
  311. Section 292Documentary evidence.
  312. Section 293Secrecy of voting.
  313. Section 294Answering incriminating question and certificate of indemnity
  314. Section 295Expenses of witness.
  315. Section 296Decision of the authorised officer
  316. Section 297Grounds for setting aside election.
  317. Section 298Abatement of election petition.
  318. Section 299Costs and payment. thereof out of the security deposits and return of such deposits.
  319. Section 300Execution of orders as to costs.
  320. Section 301Corrupt practice entailing disqualifications.
  321. Section 302Corrupt practices.
  322. Section 303Appeals.
  323. Section 304Bar to interference by Courts in electoral matters.
  324. Section 305Power to make rules for conduct of elections
  325. Section 306Appointment of Executive Officers/Secretaries in municipalities.
  326. Section 307Posts in Municipality and appointments thereto.
  327. Section 307-APower of Government to appoint officers and servants
  328. Section 308Officers and other employees not to be interested in any contract etc., with municipality.
  329. Section 309Power to enquire and report about misconduct of certain officers or officials.
  330. Section 310Power to remove difficulties.
  331. Section 311Repeal and saving.