THE JAMMU AND KASHMIR MUNICIPAL CORPORATION ACT, 2000
Jammu and Kashmir
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 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.
446 sections
- Section 1Short title, extent and commencement.
- Section 2Definitions.
- Section 3Declaration of Municipal area as Corporation.
- Section 4Incorporation and constitution of Corporation.
- Section 5Duration of the Corporation.
- Section 6Delimitation of wards.
- Section 7Qualifications for Councillors.
- Section 8Disqualification of Councillor
- Section 9Election to the Corporation
- Section 10Reservation of seats.
- Section 10-AReservation of seats for certain categories.
- Section 11Right to Vote.
- Section 12Filling of casual vacancies.
- Section 13Publication of results of elections.
- Section 14Election petition.
- Section 15Relief that may be claimed by the petitioner.
- Section 16Grounds for declaring election to be void.
- Section 17Procedure to be followed by the prescribed authority.
- Section 18Decision of prescribed authority.
- Section 19Procedure in case of equality of votes.
- Section 20Finality of decision.
- Section 21Corrupt practices
- Section 22Maintenance of secrecy of voting.
- Section 23Officers etc. at elections not to act for candidates or to influence voting.
- Section 24Prohibition of canvassing in or near polling station and of public meeting on election day.
- Section 25Penalty for disorderly conduct in or near polling station.
- Section 26Penalty for misconduct at the polling station.
- Section 27Breaches of official duty in connection with election.
- Section 28Removal of ballot papers from Polling Station to be an offence
- Section 29Offence of booth capturing.
- Section 30Other offence and penalties
- Section 31Power to make rules regulating the election of Councillors.
- Section 32Bar to interference by Courts in electoral matters.
- Section 33Oath of affirmation by Councillor.
- Section 34Removal of or resignation by Councillors.
- Section 34-ADisqualification on ground of defection.
- Section 34-BBDisqualification on the ground of defection not to apply in case of split
- Section 34-BDisqualification on ground of defection not to apply in case of merger.
- Section 34-CDecision on question as to disqualification on ground of defection
- Section 34-DAppeals.
- Section 34-EBar of Jurisdiction.
- Section 35Payment of allowances to Councillors.
- Section 36Annual election of Mayor, Deputy Mayor and their term of office.
- Section 37Motion of No-confidence against Mayor or Deputy Mayor
- Section 38Discharge of functions of the Mayor by Deputy Mayor.
- Section 39Resignation of Mayor and Deputy Mayor
- Section 39-AConstitution of Ward Committees
- Section 39-BConstitution of Area Sabha.
- Section 40Standing Committees.
- Section 41General Powers of Corporations.
- Section 42Functions of Corporations to be entrusted by Government.
- Section 43Obligatory functions of the Corporation.
- Section 44Discretionary functions of the Corporation.
- Section 45Appointment of Commissioner.
- Section 46Appointment of Joint/Assistant Commissioner and certain other officers.
- Section 47Salary and allowances of Commissioners.
- Section 48Leave etc. to Commissioner.
- Section 49Contribution by Corporation.
- Section 50Function of the Commissioner.
- Section 51Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc.
- Section 52Exercise of power to be subject to sanction.
- Section 53Meetings
- Section 54First Meeting of the Corporation after general elections for election of Mayor
- Section 55Notice of Meetings and business.
- Section 56Quorum.
- Section 57Presiding Officer.
- Section 58Method of deciding question.
- Section 59Maintenance of order at and admission of public to meetings.
- Section 60Councillor not to vote on matter in which he is interested.
- Section 61Right to attend meetings of Corporation and its Committees etc. and right of Councillor to ask the questions.
- Section 62Power to make regulations.
- Section 63Keeping of minutes and proceedings.
- Section 64Circulation of minutes and inspection of minutes and reports of proceedings.
- Section 65Forwarding minutes and reports of proceedings to Government.
- Section 66Validation of proceedings etc.
- Section 67Validation of proceedings etc.
- Section 67-AStaff
- Section 68Officers and other employees not to be interested in any contract etc. with Corporation
- Section 69Constitution of Corporation Fund.
- Section 69-AConstitution of Basic Services Fund
- Section 70Corporation Fund to be kept in Jammu and Kashmir Bank or in a Scheduled Bank in a Government Treasury.
- Section 71Operation of accounts with banks
- Section 72Payment not to be made unless covered by a budget grant.
- Section 73Duty of persons signing Cheques.
- Section 74Procedure when money not covered by a budget grant is expended.
- Section 75Application of Corporation Fund.
- Section 76Payments from Corporation Fund for works urgently required for public service.
- Section 77Investment of surplus money
- Section 78Constitution of special funds.
- Section 79Finance Commission.
- Section 80Budget Estimates.
- Section 81Power of Corporation to alter budget estimates.
- Section 82Power of Corporation to readjust income and expenditure during the year.
- Section 83Provisions as to unexpended budget grant.
- Section 83-AReservation of land for housing to economically weaker sections and low income groups.
- Section 83-BIdentification of eligible persons and determination of cost of land or houses.
- Section 83-CIncentives to developers.
- Section 83-DNon-residential development
- Section 83-EUtilization of shelter fee.
- Section 84Taxes, etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government.
- Section 85Fees that may be charged by the Corporation.
- Section 86Description and class of property tax.
- Section 87Omitted.
- Section 88Determination of taxable annual value.
- Section 89Taxation of Union properties.
- Section 90Incidence of taxes on lands and buildings.
- Section 91Omitted.
- Section 92Omitted.
- Section 93Omitted.
- Section 94Omitted.
- Section 95Evidentiary value of assessment list and unit area value.
- Section 96Omitted.
- Section 97Omitted.
- Section 98Notice of transfers.
- Section 99Notice of erection of building etc.
- Section 100Notice of demolition or removal of building.
- Section 101Power of Commissioner to call for information.
- Section 102Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property.
- Section 103Assessment in case of amalga-mation of premises.
- Section 104Power of Commissioner to assess separately out houses and portion of building.
- Section 105Powers of Commissioner to employ valuers.
- Section 106Recovery of tolls or taxes.
- Section 107Tax on vehicles and animals.
- Section 108Tax on whom leviable.
- Section 109Exemption from taxes on vehicles and animals.
- Section 110Levy of development tax.
- Section 111Amount of development tax.
- Section 112Payment of development tax.
- Section 113Notice on completion of scheme.
- Section 114Assessment of development tax.
- Section 115Tax on advertisements.
- Section 116Prohibition of advertisement without written permission of Commissioner.
- Section 117Permission of Commissioner to become void in certain cases.
- Section 118Presumption in case of contravention.
- Section 119Power of Commissioner in case of contravention.
- Section 120Fee on building applications.
- Section 121Time and manner of payment of taxes or fees.
- Section 122Presentation of bill of tax or fee.
- Section 123Consequences of the failure to pay tax or fee within thirty days
- Section 124Manner of recovering tax or fee.
- Section 125Power of seizure of vehicles and animals in case of non-payment of tax thereon
- Section 126Demolition etc. of building
- Section 127Omitted
- Section 128Omitted
- Section 129Omitted
- Section 130Omitted
- Section 131Omitted
- Section 132Appeal.
- Section 133Limitation for appeal.
- Section 134Finality of appellate orders
- Section 135Taxation not to be questioned except under this Act.
- Section 136Power to inspect for the purposes of determining the taxable annual value of tax or fee.
- Section 137Composition.
- Section 138Irrecoverable debts.
- Section 139Obligation to disclose liability.
- Section 140Power to amend list in certain cases
- Section 141lmmaterial error not to affect liability.
- Section 142Powers of exemption.
- Section 143Powers of Government in regard to taxes.
- Section 143-APowers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.
- Section 144Power of Corporation to borrow.
- Section 145Time for repayment of money borrowed under section 144.
- Section 146Form and effect of debentures
- Section 147Receipt by joint holders for the interest or dividend.
- Section 148Maintenance and investment of sinking fund.
- Section 149Application of sinking funds.
- Section 150Annual statement by Commissioner.
- Section 151Priority of payment for interest and repayment of loans over other payment
- Section 152Attachment of Corporation Fund for recovery of money borrowed from the Government.
- Section 153Power to make regulations.
- Section 154Property vested in Corporation and management of public institutions
- Section 155Acquisition of immovable property by agreement.
- Section 156Procedure when immovable property cannot be acquired by agreement
- Section 157Disposal of property.
- Section 158Contracts by Corporation.
- Section 159Procedure for making contracts.
- Section 160Mode of executing contracts.
- Section 161Maintenance of Accounts.
- Section 162Report by Audit agency.
- Section 163Action by Commissioner on the Report.
- Section 164Procedure to be followed by audit agency.
- Section 165Power of auditor to make queries etc. and call for returns.
- Section 166Definitions.
- Section 167Power to require Corporation to carry out surveys and formulate proposals.
- Section 168Power to construct additional works.
- Section 169Functions in relation to water supply.
- Section 170Supply of water to connected premises.
- Section 171Power to supply water for non-domestic purposes
- Section 172Making connection with municipal water works.
- Section 173Obligation of owner or occupier to give notice of waste of water.
- Section 174Cutting of supply to premises.
- Section 175New premises not to be occupied without arrangement for water supply.
- Section 176Public gratuitous water supply.
- Section 177Power to lay mains.
- Section 178Power to lay service pipes etc.
- Section 179Provision of fire hydrants.
- Section 180Power to enter premises to detect waste or misuse of water
- Section 181Power to test water fittings.
- Section 182Power to close or restrict use of water from polluted source of supply.
- Section 183Water pipes not to be placed where water will be polluted.
- Section 184Joint and several liability of owners and occupiers for offence in relation to water supply.
- Section 185Public drains etc. to vest in Corporation.
- Section 186Control of drains and sewage disposal works.
- Section 187Certain matters not to be passed into municipal drains.
- Section 188Application by owners and occupiers to drain into municipal drain.
- Section 189Drainage of undrained premises.
- Section 190New premises not to be erected without drainage.
- Section 191Power to drain group or block of premises by combined operations
- Section 192Power of Commissioner to close or limit the use of private drain in certain cases.
- Section 193Use of drain by a person other than owner.
- Section 194Sewage and rain water drains to be distinct.
- Section 195Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.
- Section 196Appointment of places for the emptying of drains and disposal of sewage.
- Section 197Connection with water works and drains not to be made without permission.
- Section 198Buildings and private streets not to be erected or constructed over drains or water works without permission.
- Section 199Right of user of property for aqueducts, lines etc.
- Section 200Power of owner of premises to place pipes and drains through land belonging to other persons.
- Section 201Power of owner of premises to place pipes and drains through land belonging to other persons.
- Section 202Power of Commissioner to execute work after giving notice to the person liable to do so.
- Section 203Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool.
- Section 204Power of Commissioner to examine and test drain etc. believed to be defective.
- Section 205Employment of Government agencies for repairs etc.
- Section 206Work to be done by licensed plumber.
- Section 207Prohibition of certain acts.
- Section 208Vesting of public streets in Corporation.
- Section 209Functions of Commissioner in respect of public streets.
- Section 210Disposal of land forming site of public streets permanently.
- Section 211Power to make new public streets.
- Section 212Minimum width of new public streets.
- Section 213Power to prohibit use of public streets for certain kinds of traffic
- Section 214Power to acquire land and buildings for public streets and for public parking places.
- Section 215Defining regular lines of streets.
- Section 216Setting back building to regular line of streets.
- Section 217Compulsory setting back of building to regular line of streets.
- Section 218Acquisition of open land and land occupied by platforms etc. within a regular line of streets.
- Section 219Acquisition of remaining part of building and land after their portions within regular line of streets have been acquired.
- Section 220Setting forward of building to regular line of street
- Section 221Compensation to be paid in certain cases of setting back or setting forward of buildings etc.
- Section 222Owner’s obligation when dealing with land or building sites.
- Section 223Layout plans.
- Section 224Alteration or demolition of street made in breach of section 223.
- Section 225Power of Commissioner to order work to be carried out or to carry it out himself in default.
- Section 226Declaration of public streets.
- Section 227Prohibition of projection upon street etc.
- Section 228Projection over streets may be permitted in certain cases.
- Section 229Ground floor door etc. not to open outwards on streets.
- Section 230Prohibition of structures, fixtures or deposit of things in streets.
- Section 231Special provision regarding streets belonging to Government.
- Section 232Power to remove anything deposited or exposed for sale in contravention of this Act.
- Section 233Prohibition of tethering of animals and milking of cattle.
- Section 234Precautions during repairs of streets
- Section 235Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
- Section 236Disposal of things removed under this chapter.
- Section 237Naming and numbering to streets.
- Section 238Commissioner to take steps for repairing or enclosing places
- Section 239Measures for lighting.
- Section 240Prohibition of removal, etc. of lamps.
- Section 241Definitions.
- Section 242Prohibition of erection of building without sanction.
- Section 243Erection of building.
- Section 244Applications for additions to, or repairs of building.
- Section 245Condition of valid notice.
- Section 246Sanction or refusal of building or work.
- Section 247When building or work may be proceeded with.
- Section 248Sanction accorded under misrepresentation.
- Section 249Building at corners of street.
- Section 250Provisions as to buildings and works on either side of new streets.
- Section 251Period for completion of building or work.
- Section 252Prohibition against the inflammable materials for buildings etc. without permission.
- Section 253Order of demolition and stoppage of building and works in certain cases and appeal
- Section 254Order of stoppage of building or works in certain cases.
- Section 255Power of the Government to give direction for compounding deviations from sanctioned plan.
- Section 256Power of Commissioner to require alteration of work.
- Section 257Completion certificate.
- Section 258Restrictions on use of buildings and removal of dangerous buildings.
- Section 259Power to order building to be vacated in certain circumstances.
- Section 260Building Scheme.
- Section 261Provision for daily cleansing of streets and removal of rubbish and filth
- Section 262Rubbish etc. to be property of Corporation.
- Section 263Provision for placement of receptacles, depots and places for rubbish etc.
- Section 264Duty of owners and occupiers to collect and deposit rubbish etc.
- Section 265Removal of rubbish etc. accumulated on premises used as factories, workshops, etc.
- Section 266Prohibition against accumulation of rubbish etc.
- Section 267Commissioner's power to get premises scavenged and cleansed.
- Section 268Public latrines, urinals, etc.
- Section 269Construction of latrines and urinals.
- Section 270Latrines and urinals etc. in new buildings
- Section 271Latrines and urinals for labourers etc.
- Section 272Provision of latrines and urinals for markets etc.
- Section 273Other provisions as to private latrines.
- Section 274Removal of congested building.
- Section 275Power of Commissioner to require improvement of buildings unfit for human habitation.
- Section 276Enforcement of notice requiring execution of works of improvement.
- Section 277Power of Commissioner to order demolition of buildings unfit for human habitation.
- Section 278Insanitary huts and sheds
- Section 279Prohibition against washing by washerman.
- Section 280Obligation to give information of dangerous disease.
- Section 281Removal of patient to hospital suffering from dangerous disease.
- Section 282Disinfections of buildings and articles.
- Section 283Destruction of infectious huts or sheds.
- Section 284Means of disinfection
- Section 285Special measures in case of out-break of dangerous or epidemic disease
- Section 286Infected clothes not to be sent to washerman or to laundry.
- Section 287Contamination and disinfection of public conveyances
- Section 288Driver of conveyance not bound to carry persons suffering from dangerous diseases.
- Section 289Disinfection of buildings before letting the same.
- Section 290Disposal of infected articles without disinfection.
- Section 291Prohibition of making or selling of food, etc. or washing of clothes by infected persons
- Section 292Power to restrict or prohibit sale of food or drink.
- Section 293Control over wells and tanks etc.
- Section 294Duty of persons suffering from dangerous diseases
- Section 295Disposal of infectious corpse, where any person has died from any dangerous disease
- Section 296Conditions of service of Safai Karamcharies and certain other classes of persons employed in Corporation services.
- Section 297Power to call for information regarding burning and burial ground.
- Section 298Permission for use of new burning or burial ground.
- Section 299Power to require closing of burning and burial grounds.
- Section 300Removal of corpses.
- Section 301Disposal of dead animals.
- Section 302Prohibition of nuisances
- Section 303Power of Commissioner to require removal or abatement of nuisance.
- Section 304Registration and control of dogs.
- Section 305Stacking or collecting inflammable materials.
- Section 306Care of naked lights
- Section 307Discharging fire works, fire arms etc.
- Section 308Power to require buildings, wells etc. to be rendered safe.
- Section 309Enclosure of waste land used for improper purposes
- Section 310Establishment and maintenance of fire brigade.
- Section 311Power of members of fire-brigades and other persons for suppression of fire
- Section 312Limitation on operation of this Chapter.
- Section 313Provision of municipal markets and slaughter houses.
- Section 314Use of municipal markets.
- Section 315Private markets and slaughter houses
- Section 316Conditions of grant of license for private market.
- Section 317Prohibition of keeping markets open without licence etc.
- Section 318Prohibition on use of unlicensed markets
- Section 319Prohibition of business and trade.
- Section 320Levy of stallages, rent and fees.
- Section 321Stallages, rent etc. to be published.
- Section 322Butcher's, fishmonger's and poulterer's licence
- Section 323Factory etc. not to be established without permission of the Commissioner.
- Section 324Premises not to be used for certain purposes without licence.
- Section 325Seizure of certain animals.
- Section 326Power of the Commissioner to prevent use of premises in particular area for the purposes referred in section 324.
- Section 327Licence for hawking articles etc.
- Section 328Eating houses etc. not to be used without license from Commissioner.
- Section 329Licensing and control of theatre, circuses and places of public amusement.
- Section 330Power of Commissioner to stop use of premises used in contravention of licences.
- Section 331Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected.
- Section 332Improvement scheme.
- Section 333Matters to be provided for in an improvement scheme
- Section 334Submission of improvement scheme to the Corporation for approval and to the Government for sanction.
- Section 335Publication of the notice after scheme is sanctioned.
- Section 336Rehousing Scheme.
- Section 337Improvement scheme and Rehousing scheme to comply with master plan and zonal development plan.
- Section 338Provision of housing accommodation for the economically weaker sections.
- Section 339Prohibiting felling, cutting, damaging, destroying any tree in any urban area.
- Section 340Constitution of Tree Authority.
- Section 341Meeting of Tree Authority.
- Section 342Duties of Tree Authority.
- Section 343Appointment of Tree Officer
- Section 344Application for permission for cutting, felling or removal of a tree
- Section 345Permission for felling of tree.
- Section 346Planting of adequate number of trees
- Section 347Planting in place of fallen/destroyed trees.
- Section 348Responsibilities for preservation of trees.
- Section 349The recovery of expenditure on failure to comply with orders for planting of trees.
- Section 350Appeals.
- Section 351Seizure.
- Section 352Penalty.
- Section 353Compounding of offences
- Section 354Operation of other laws not barred.
- Section 355Power to make rules
- Section 356Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.
- Section 357Power of entry and inspection.
- Section 358Power to enter land, adjoining land in relation to any work.
- Section 359Breaking into building.
- Section 360Time of making entry.
- Section 361Consent ordinarily to be obtained.
- Section 362Regard to be had to social or religious usages
- Section 363Prohibition of obstruction or molestation in execution of work.
- Section 364Public notice how to be made known.
- Section 365Newspaper in which advertisement of notices to be published
- Section 366Proof of content etc. of Commissioner etc.
- Section 367Notices etc. to fix reasonable time.
- Section 368Signature on notices etc. may be stamped.
- Section 369Notice etc. by whom to be served or issued.
- Section 370Service of notices, etc.
- Section 371Power in case of non-compliance with notice, etc.
- Section 372Liability of occupier to pay in default of owner.
- Section 373Execution of work by occupier in default of owner and deduction of expenses from rent.
- Section 374Relief to agents and trustees
- Section 375General power to pay compensation.
- Section 376Compensation to be paid by offenders for damage caused by them
- Section 377Mode of receiving certain dues.
- Section 378Right of owner to apply to Court of the District Judge in case of obstruction by occupier.
- Section 379General powers and procedure of the Court of District Judge.
- Section 380Fees in proceeding before the Court of District Judge.
- Section 381Repayment of half fee on settlement before hearing.
- Section 382Power of the Court of District Judge to delegate certain powers and to make rules.
- Section 383Punishment for certain offences
- Section 383-AEviction of unauthorised occupants.
- Section 384General Penalty.
- Section 385Offences by Companies.
- Section 386Police establishment.
- Section 387Arrest of offenders.
- Section 388Powers to initiate legal proceedings etc. and obtain legal advice
- Section 389Prosecution.
- Section 390Composition of offences.
- Section 391Protection of action taken in good faith etc.
- Section 392Notice to be given of suits.
- Section 393Supplemental provision respecting rules.
- Section 394Supplemental provisions respecting regulations
- Section 395Powers to make bye-laws.
- Section 396Penalty for breaches of bye-laws.
- Section 397Supplemental provisions respecting bye-laws.
- Section 398Bye-laws to be available for inspection and purchase.
- Section 399Power of Government to require production of documents.
- Section 400Inspection.
- Section 401Powers to give directions
- Section 402Powers to provide for enforcement of direction under section 398
- Section 403Power of revision.
- Section 404Dissolution of Corporation.
- Section 405Delegation.
- Section 406Validity of notices and other documents.
- Section 407Admissibility of document or entry as evidence.
- Section 408Evidence of Corporation officer or employee.
- Section 409Prohibition against obstruction of Mayor or any Corporation authority
- Section 410Prohibition against removal of mark.
- Section 411Prohibition against removal or obliteration of notice.
- Section 412Prohibition against unauthorised removal of deposit, etc
- Section 413Liability of Councillors.
- Section 414Councillors and Corporation officers and employees to be public servants.
- Section 415Annual Administration Report
- Section 416Construction of reference
- Section 417Special provisions as to rural areas.
- Section 418Power to suspend any resolution or order of the Corporation
- Section 419Power of Government to modify proceedings.
- Section 420Power of Government to withdraw any area of Municipal area from operation of Act.
- Section 421District Planning Committee.
- Section 422Transitional provisions.
- Section 423Provisions regarding officers and employees.
- Section 424Assets, liabilities, debts, obligations, contracts and pending proceedings.
- Section 425Provision for municipality or local authority which is superseded.
- Section 426Power to enquire and make report about misconduct of certain officer or official
- Section 427Power to remove difficulties
- Section 428Repeal of Act No. VIII, Samvat 2008.