(1) This Act may be called the 4[Uttar Pradesh] Municipalities Act, 1916.
5[(2) It shall extend to the whole of Uttar Pradesh.]
(3) It shall come into force on the first day of July, 1916.
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4. Subs. by ibid.
5. Subs. by A.L.O. 1950.
In this Act unless there is something repugnant in the subject or context,-
8[(1) "Backward classes" means the backward classes of citizens specified in Schedule 1 of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994;]
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8. Subs. By U.P. Act No. 12 of 1994.
1[(2) "Buildings' means a house, out-house, stable, shed, hut or other enclosure or structure whether of masonry bricks, wood, mud, metal or any other material whatsoever, whether used as a human dwelling or otherwise, and includes any verandah, platform, plinth, staircase, door step, wall including compound wall other than a boundary wall of a garden or agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter;]
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1. Subs. By U.P. Act No. 26 of 1964.
(3) "Bye-law" means a bye-law made in exercise of a power conferred by this Act;
(4) 2[***]
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2. Omitted by U.P. Act No. 12 of 1994.
(5) "Compound" means land, whether enclosed or not which is the appurtenance of a building or the common appurtenance of several buildings;
3[(5-A) "Director" means the Director of Local Bodies, Uttar Pradesh appointed under Section 3]-B;]
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3. Ins. by U.P. Act No. 41 of 1976.
4[(5-AA) "District Planning Committee" means the District Planning Committee constituted under Article 243-ZD of the Constitution;]
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4. Ins. by U.P. Act No. 12 of 1994.
(6) "Drain" includes a sewer, pipe, ditch, channel or any other device for carrying of sullage, sewage and polluted water, or rain water or sub-soil water, together with pail depots, traps, sinks cisterns, flush, tanks and other fitting appertaining thereto;
5[(6-A) "Finance Commission" means the Finance Commission 6[constituted under] Article 243-I of the Constitution;]
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5. Ins. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 26 of 1995.
(7) "Inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein;
(8) "Lodging house" includes a collection of buildings, or a building or part of a building used for the accommodation of pilgrims and travellers;
7[(8-A) "Master plan" means a comprehensive plan showing therein the existing and proposed local and general layout of-
(a) arterial streets and transportation lines;
(b) residential sections;
(c) business areas;
(d) industrial areas;
(e) educational institutions;
(j) public parks, play-grounds and other recreational places;
(g) public and semi-public buildings; and
(h) any other places put to any specified used];
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7. Added by U.P. Act No. 26 of 1964.
1[(9) “Municipal area” means an institution of self-Government 2[referred to in clause (e) of Article 243-P of the Constitution];
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 26 of 1995.
(9-A) "Municipal area" means the territorial area of a municipality 3[***]
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3. Omitted by U.P. Act No. 26 of 1995.
4[(9-B) "Municipal Council" means the Municipal Council constituted under sub-clause (b) of clause (1) of Article 243-Q of the Constitution;
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4. Subs. by U.P. Act No. 26 of 1995:
(9C) "Nagar Panchayat" means the Nagar Panchayat constituted under sub-clause (a) of clause (1) of Article 243-Q of the Constitution;]
(10) "Notification" means a notification published in the Official Gazette;
(11) "Occupier" includes an owner in actual occupation of his own land or building;
(12) "Officer of the 5[Municipality]" means a person holding for the time being an office created or continued by or under this Act, but shall not include a member of the 6[Municipality] or of a committee as such;
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(13) "Owner" includes a person for the time being receiving or entitled to receive the rent, or a part of the rent, of any land or building, whether on his own account or as trustee, or as agent for a person or for a religious or charitable purpose, or as receiver appointed by or under the order of Court or who would so receive the same if the land or building were let to a tenant;
7[(13-A) "Panchayat" means a panchayat referred to in clause (f) of Article 243-P of the Constitution;]
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7. Ins. by U.P. Act No. 12 of 1994.
(14) "Part of a building" includes any wall, underground room or passage, verandah, fixed platform, plinth, staircase or doorstep attached to, or within the compound of an existing building, or constructed on ground which is to be the site or compound of a projected building;
(15) "Petroleum" means petroleum as defined in the Indian Petroleum Act, 18498;
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8. See now Petroleum Act, 1934 (Act No. 30 of 1934).
9[(16) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]
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9. Subs. by U.P. Act No. 12 of 1994.
1[(17) (i) "Prescribed" means prescribed by or under this Act or rules made thereunder or by or under any other enactment;
(ii) "Prescribed authority" means an officer or a body corporate appointed by the State Government in this behalf by notification in the Official Gazette and, if no such officer or body corporate is appointed, the Commissioner;]
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1. Subs. by U.P. Act No.7 of 1949.
(18) "Public street" means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in the 2[Municipality] or not;
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2. Subs. by U.P. Act No. 12 of 1994.
(19) "Public street" means a street-
(a) which is declared a public street by the 3[Municipality] under the provisions of Section 22], or
(b) which with the consent, express or implied, of the owner of the land comprising the street has been levelled, paved, metalled, channelled severed or repaired out of the municipal or other public funds:
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3. Subs. by U.P. Act No. 12 of 1994.
(20) "Regulation" means a regulation made in exercise of a power conferred by this Act;
(21) “Rule” means a rule made in exercise of a power conferred by this Act;
4[(21-A) the expression "Scheduled Bank" shall have the meaning assigned to it in the Reserve Bank of India Act, 1934;]
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4. Ins. by U.P. Act No.1 of 1955.
(22) "Servant of the 5[Municipality]” means any person in the pay and service of the 6[Municipality];
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7[(22-A) "Smaller urban area" means an area notified as such under clause (2) of Article 243-Q of the Constitution;]
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7. Subs. by U.P. Act No. 26 of 1995.
8[(22-B) "State Election Commission" means the State Election Commission 9[constituted under] Article 243-K of the Constitution;]
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8. Ins. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 26 of 1995, for "referred to in".
(23) "Street" means any road, bridge, footway, lane, square, court, alley or passage which the public or any portion of the public, has right to pass along and includes, on either side, the drain or gutters and the land upto the defined boundary of any abutting property, notwithstanding the projection over such land of any verandah or other superstructure;
1[(23-A) “'Transitional area” means an area in transition from a rural area to an urban area notified as such under clause (2) of Article 243-Q of the Constitution;]
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1. Subs. by U.P. Act No. 26 of 1995.
2[(23-B) "User charges" means the charges of fee levied for specific services rendered or infrastructure created or facilities and amenities provided by the municipality in pursuance of the provisions of this Act;]
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2. Ins. by U.P. Act No. 29 of 2009.
(24) "Vehicle" means a wheeled conveyance capable of being used on a street, and includes a bicycle, tricycle 3[or motor vehicle as defined in the 4United Provinces Motor Vehicles Taxation Act, 1935 (U.P. Act No.5 of 1935)];
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3. Subs. by U.P. Act No.5 of 1935.
4. See now U.P. Motor Vehicles Taxation Act, 1997 (U.P. Act No. 21 of 1997).
5[(24-A) "Wards Committee" means the Wards Committee 6[referred to in Article 243-S of the Constitution);
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5. Ins. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 26 of 1995.
(25) "Water for domestic purposes" shall not include water for cattle, or for horses, for washing carriages, where the cattle, horses or carriages are kept for sale or hire 7[or for any other commercial purpose] or by a common carrier, or water for any trade, manufacture, or business or for building purpose or for watering gardens 8[not appurtenant to any dwelling house), or for fountains or for any ornamental purpose;
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7. Ins. by U.P. Act No. 26 of 1964.
8. Ins. by U.P. Act No. 26 of 1964.
(26) "Water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, stand-pipes, conduits and all machinery, lands, buildings, bridges and things for supplying of used for supplying water;
(27) where a power is expressed as being conferred on any authority to require a person to do one thing or to do another thing, the authority may, in its discretion require the person to do either thing, or if the nature of the case permits, both of the things, or may give the person the option of doing whichever of the things he chooses.
5[(1) Any area specified by the Governor in a notification under clause (2) of Article 243-Q of the Constitution with such limits as are specified therein to be a transitional area or a smaller urban area, as the case may be.
(2) The Governor may, by a subsequent notification under clause (2) of Article 243-Q of the Constitution, include or exclude any area in or from a transitional area or a smaller urban area referred to in sub-section (1), as the case may be.]
(3) 6[The notifications referred to in sub-sections (1) and (2)] shall be subject to the condition of the notification being issued after the previous publication required by Section 4 and notwithstanding anything in this section, no area which is, or is part of, a cantonment shall be declared to be a transitional area or a smaller urban area or be included therein under this section.]
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 26 of 1995.
6. Subs. by U.P. Act No. 26 of 1995.
[(1) A municipality constituted under clause (1) of Article 243-Q of the Constitution in accordance with Part IX-A thereof shall,-
(a) for every transitional area, be known as the Nagar Panchayat;
(b) for every smaller urban area be known as the Municipal Council.]
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8. Ins. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 26 of 1995.
(2) Every Nagar Panchayat or Municipal Council constituted under subsection (1), shall be a body corporate.
(3) Notwithstanding anything in sub-section (1),-
(a) every Municipal Board existing immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall 1[from such commencement and until the first constitution of the Municipal Council under this Act as amended by the said Act] be deemed to be a Municipal Council under the Act;
(b) every notified area committee constituted under Section 338 or Town Area Committee constituted under the Uttar Pradesh Town Areas Act, 1914, as it stood immediately before the commencement of the Act referred to in clause (a), shall 2[from such commencement and until the first constitution of the Nagar Panchayat under this Act, as amended by the Act referred to in clause (a)] be deemed to be a Nagar Panchayat under this Act].
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1. Subs. by U.P. Act No. 26 of 1995, for "on such commencement".
2. Subs. by U.P. Act No. 26 of 1995, for "on such commencement".
(1) Each Ward Committee constituted under clause (1) of Article 243-5 of the Constitution within the territorial area of a Municipal Council having a population of three lakhs or more, shall consist of one ward.
(2) The territorial area of a Ward Committee shall consist of the territorial area of the concerned ward.
(3) Each Ward Committee shall consist of-
(a) the member of the Municipal Council representing the ward;
(b) such other members not exceeding ten as may be nominated by the Municipal Council, from amongst persons registered as electors within the territorial area of the concerned Ward Committee, office bearers of citizens welfare societies and representatives of non-government organizations, who have special knowledge or experience of municipal administration:
Provided that not less than one third number of total number of members shall be reserved for women and if in determining such number there comes a remainder, the quotient shall be increased by one.
(4) The member representing that ward in the Municipal Council shall be the Chairperson of that Committee.
(5) A Group 'C' employee of the Municipal Council authorised by the Executive Officer shall be the Secretary of the Ward Committee.
(6) The duration of the office of the Chairperson shall be co-terminous with the term of the Ward Committee.
(7) The Chairperson shall vacate office as soon as he ceases to be a member of the Municipal Council.
(8) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise, before the expiry of his term, the Ward Committee, shall, as soon as may be, on occurrence of the vacancy, elect a new Chairperson from amongst the members nominated under clause (b) of sub-section (3) :
Provided that the Chairperson so elected shall hold office only for the remainder of the period for which the person in whose place he is elected would have held it if such vacancy had not occurred.
(9) The duration of Ward Committee shall be coterminous with the term of the Municipal Council.
(10) Subject to the provisions of this Act the Ward Committee shall exercise such powers and perform such functions as may be prescribed by rules.]
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3. Subs. by U.P. Act No. 29 of 2009. Prior to substitution, it stood as under:
*3-B. Constitution and composition of Wards Committees.-(1) Each Wards Committee constituted under clause (1) of Article 243-S of the Constitution within the territorial area of a Municipal Council, having a population of three lakhs or more, shall consist of five wards.
(2) The territorial area of a Wards Committee shall consist of the territorial area of the wards comprised in such Committee.
(3) Each Wards Committee shall consist of,-
(a) all the members of the Municipal Council representing the wards within the territorial area of the Wards Committee;
(b) such other members, not exceeding three as may be nominated by the State Government from amongst persons registered as electors within the territorial area of the concerned Wards Committee who have special knowledge or experience in municipal administration.
(4) The Wards Committee shall, at its first meeting after its constitution and at its first meeting in the same month in each succeeding year, elect one of the members, mentioned in clause (a) of sub- section (3), as the Chairperson of that Committee.
(5) The duration of the office of the Chairperson shall be one year but he shall hold office until his successor is elected and shall be eligible for re-election.
(6) The Chairperson shall vacate office as soon as he ceases to be a member of the Municipal Council.
(7) In the event of the office of the Chairperson falling vacant, due to resignation or otherwise, before the expiry of his term the Wards Committee shall, as soon as may be on the occurrence of the vacancy, elect a new Chairperson in accordance with sub-section (4);
Provided that a Chairperson so elected shall hold office only for the remainder of the period for which the person in whose place he is elected would have held it if such vacancy had not occurred.
(8) The duration of the Wards Committee shall be co-terminous with the term of the Municipal Council.
(9) Subject to the provisions of this Act, the Wards Committee shall exercise such powers and perform such functions as may be prescribed by rules.
1[(1) Before the issue of a notification 2[referred to in Section 3], the 3[Governor] shall publish in the Official Gazette 4[and in a paper approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate] and cause to be affixed at the office of the District Magistrate and at one or more conspicuous places within or adjacent to the local area concerned a draft in Hindi or the proposed notification along with a notice stating that the draft will be taken into consideration on the expiry of the period as may be stated in the notice.]
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1. Subs. by U.P. Act No.1 of 1955.
2. Subs. by U.P. Act No. 26 of 1995.
3. Subs. by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No. 26 of 1964.
(2) The 1[Governor shall, before issuing the notification consider any objection or suggestion in writing which it receives from any person, in respect of the draft 2[within the period stated].
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No.1 of 1955.
5[Where by a notification referred to in sub-section (2) of Section 3 the Governor includes any area] in a 6[transitional area or smaller urban area], such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders, directions, issued or made under this or any other enactment and in force throughout the 7[transitional area or smaller urban area], at the time immediately preceding the inclusion of the area.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 26 of 1995.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
The 8[Municipality]
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
(1) It shall be the duty of every 11[Municipality] to make reasonable provision 12[within the municipal area for],-
_________________________
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 26 of 1995, for "within the municipality for-".
(a) lighting public street and places;
(b) watering public streets and places;
13[(bb) making a survey, and erection of boundary marks, of the Municipality;]
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13. Ins. by U.P. Act No. 26 of 1964.
(c) cleaning public streets, places and drains, removing noxious vegetation, and abating all public nuisances;
(d) regulating offensive, dangerous or obnoxious trades, callings or practices;
14[(dd) confinement, removal or destruction of stray dogs and dangerous animals;]
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14. Ins. by U.P. Act No. 26 of 1964.
(e) removing, on the ground of public safety, health or convenience, undesirable obstructions and projection in streets or public places;
(j) securing or removing dangerous buildings or places;
(g) acquiring, maintaining, changing, and regulating places for the disposal of the dead 1[and making arrangements for disposal of unclaimed dead bodies after ascertaining from the police in writing that there is no objection to do so;]
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1. Ins. by U.P. Act No. 26 of 1964.
(h) constructing, altering and maintaining public streets, culverts, markets, slaughter-houses, latrines, privies, urinals, drains, drainage works and sewerage works;
2[(hh) reclaiming unhealthy localities;]
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2. Ins. by U.P. Act No. 26 of 1964.
(i) Planting and maintaining trees on road sides and other public places;
3[(ii) providing water supply for domestic, industrial and commercial purposes;]
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3. Ins. by U.P. Act No. 12 of 1994.
(j) providing a sufficient supply of pure and wholesome water where the health of the inhabitants is endangered by the insufficiency or unwholesomeness of the existing supply, guarding from pollution water use for human consumption and preventing polluted water from being so used;
4[(jj) maintaining in addition to any other source of water supply, public wells, if any, in working condition, guarding from pollution their water and keeping it fit for human consumption;]
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4. Ins. by U.P. Act No. 26 of 1964.
(k) registering births and deaths;
(l) establishing and maintaining a system of public vaccination;
(m) establishing maintaining or supporting public hospitals and dispensaries, and providing public medical relief;
5[(mm) establishing, maintaining and assisting maternity centers and child welfare and birth control clinics and promoting population control, family welfare and small family norms;]
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5. Subs. by U.P. Act No. 12 of 1994.
6[(n) maintaining or contributing to the maintenance of veterinary hospitals;]
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6. Subs. by U.P. Act No.5 of 1932.
7[(nn) establishing and maintaining or guaranteeing aid to institutions of physical culture;]
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7. Ins. by U.P. Act No.7 of 1949.
8[(o)] establishing and maintaining primary schools;
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8. Re-numbered by U.P. Act No.5 of 1932.
1[(p)] rendering assistance in extinguishing fires and protecting life and property when fires occur;
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1. Re-numbered by U.P. Act No. 5 of 1932.
2[(q) protecting, maintaining and developing the property vested in, or entrusted to the management of the 3[Municipality];]
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2. Subs. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
4[(qq) maintaining the finances of the 5[Municipality] in satisfactory condition and meeting its liabilities;]
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4. Ins. by U.P. Act No. 26.of 1964.
5. Subs. by U.P. Act No. 12 of 1994.
6[(r)] 7[prompt attention to official letters and preparation of] such returns, statements and reports as the 8[State Government] requires the 9[Municipality] to submit; and
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6. Re-numbered by U.P. Act No. 5 .of 1932.
7. Subs. by U.P. Act No. 17 of 1934.
8. Subs. by ALO 1950.
9. Subs. by U.P. Act No. 12 of 1994.
10[(s)] fulfilling any obligation imposed by law upon it;
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10. Re-numbered by U.P. Act No. 5 of 1932.
11[(t) regulating tanneries;
_________________________
11. Ins. by U.P. Act No. 12 of 1994.
(u) construction and maintenance of parking lots, bus stops and public conveniences;
(v) promoting urban forestry and ecological aspects and protection of the environment;
(w) safeguarding the interests of weaker sections of society including the handicapped and mentally retarded;
(x) promoting cultural, educational and aesthetic aspects;
(y) constructing and maintaining cattle pounds and preventing cruelty to animals;
(z) slum improvement and upgradation;
(za) urban poverty alleviation;
(zb) providing urban amenities and facilities such as gardens, public parks and play grounds.]
(2) 12[* * *]
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12. Omitted by U.P. Act No. 7 of 1949.
(1) A 14[Municipality] may make provision, within the limits of the municipality 15[and with the sanction of the 16[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 buildings, and their compounds, to abut on such streets;
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13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by U.P. Act No. 12 of 1994.
15. Ins. by Sec. 2 .of U.P. Act No. 2 of 1919.
16. Subs. by U.P. Act No. 7 .of 1949 far "Commissioner".
1[(aa) preparing and executing Master Plan;]
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1. Ins. by U.P. Act No. 26 of 1964.
(b) constructing, establishing, maintaining 2[or contributing to the maintenance of] 3[* * *] libraries, museums, 4[reading rooms, radio receiving stations, leper's homes, orphanages, baby-folds and rescue homes for women], lunatic asylums, halls, offices, dharamshalas, rest-houses, encamping grounds, poor-houses, dairies, baths, bathing ghats, washing places, drinking fountains, tanks, wells, dams and other works of public utility;
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2. Ins. by U.P. Act No.7 of 1949.
3. Omitted by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No.7 of 1949.
(c) 5[* * *]
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5. Omitted by U.P. Act No. 26 of 1964.
(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;
6[(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 on property vested in or entrusted to the management and control of the 7[Municipality];]
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6. Added by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No. 12 of 1994.
(f) 8[* * *]
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8. Omitted by U.P. Act No. 26 of 1964.
(g) giving relief on the occurrence of local calamities, by the establishment and maintenance of relief words or otherwise;
(h) 9[* * *]
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9. Omitted by U.P. Act No. 26 of 1964.
(i) securing or assisting to secure suitable places for the carrying on of any trade or manufacture mentioned under sub-head (a) of heading G of Section 298;
(j) establishing and maintaining a farm or factory for the disposal of sewage;
10[(jj) making arrangements for preparation of compost manure from night soil and rubbish;]
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10. Ins. by U.P. Act No.7 of 1953.
(k) constructing, subsidizing or guaranteeing tramways, railroads or other means of locomotion and electric or gas lighting or electric or gas power works;
11[(kk) promoting tourist traffic;]
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11. Ins. by U.P. Act No. 26 of 1964.
(l) holding fairs and exhibitions; 1[* * *]
_________________________
1. The word "and" omitted by U.P. Act No. 2 of 1919.
2[(ll) preparing and executing House and Town Planning Schemes;
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2. Ins. by U.P. Act No.7 of 1949.
(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) organizing or contributing to 3[Municipality] Unions;]
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3. Subs. by U.P. Act No. 12 of 1994.
(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; 4[and]
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4. Added by U.P. Act No.2 of 1919.
5[(mm) removing social disabilities of Scheduled Castes and Backward Classes in such manner as may be prescribed;]
_________________________
5. Subs. by U.P. Act No. 26 of 1964.
6[(mmm) taking measures for the control of beggary;]
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6. Ins. by U.P. Act No.7 of 1949.
7[(n) the doing of anything whereon expenditure is declared by the 8[State Government] or by the 9[Municipality with the sanction] of the 10[Prescribed Authority] to be an appropriate charge on the Municipal fund;]
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7. Added by U.P. Act No.2 of 1919.
8. Subs. by ALO 1950.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 7 of 1949.
11[Provided that the 12[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 Municipality or 13[Municipalities] concerned and thereupon the provisions of this act shall apply thereto as if it had been duty imposed by Section 7.]
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11. Ins. by U.P. Act No.7 of 1949.
12. Subs. by ALO 1950.
13. Subs. by U.P. Act No. 12 of 1994.
(2) A 14[Municipality] may make provision for the extension beyond the limits of the municipality of the benefits of any municipal undertaking:
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14. Subs. by U.P. Act No. 12 of 1994.
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 15[Central Government].
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15. Subs. by ALO 1937.
(3) 16[* * *]
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16. Omitted by U.P. Act No.2 of 1919.
.-(1) A Municipality shall consist of a President, who shall be its Chairperson, and,-
(a) the elected members, whose number shall,-
(i) in the case of a Nagar Panchayat, be not less than to, and not more than 24; and
(ii) in the case of a Municipal Council, be not less than 25 and not more than 55, as the State Government may, by notification in the Official Gazette specify;
(b) the ex-officio members, comprising all members of the House of the People and the State Legislative Assembly representing constituencies which comprise wholly or partly the municipal area;
(c) the ex-officio members, comprising all members of the Council of States and the State Legislative Council who are registered as electors within the municipal area;
(d) nominated members, who shall be nominated by the State Government, by notification in the Official Gazette, from amongst persons having special knowledge or experience in municipal administration and whose numbers shall in the case of-
(i) Nagar Panchayat, be not less than two and not more than three;
(ii) Municipal Council, be not less than three and not more than five;
(e) the Chairperson of the committees, if any, established under Section 104, if they are not members under any of the foregoing clauses :
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
4[Provided that the persons referred to in clause (d) shall hold office during the pleasure of the State Government and they shall have the right to vote in the meetings of the Municipalities.]
Provided further that any vacancy in any category of members referred to in clauses (a) to (e) shall be no bar to the constitution or reconstitution of a municipality.]
_________________________
4. Subs. by Sec. 4 of U.P. Act No.8 of 2005.
[UTTARAKHAND]1 AMENDMENT
2[(a) The elected members. whose numbers shall be not less than 4 and not more than 45, as may be prescribed by the State Government and notified in the Official Gazette;]
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1. The word "Uttaranchal" subs. by Act No. 52 of 2006.
2. Subs. by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
(1) In every municipality seats shall be reserved for the 8[Scheduled Castes, the Scheduled Tribes and the Backward Classes] and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area 9[or of the Backward Classes in the Municipal area] bears to the total population of such area and such seats may be allotted by rotation to different wards in a municipality in such order as may be prescribed by rules :
_________________________
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U. P. Act No. 26 of 1995.
9. Ins. by U.P. Act No. 26 of 1995.
1[Provided that the reservation for the backward classes shall not exceed twenty seven per cent of the total number of seats in the municipality.
Provided further that if the figures of population of the backward classes are not available, their population may be determined by carrying out a survey in the manner prescribed by rules.]
_________________________
1. Ins. by U.P. Act No. 26 of 1995.
(2) 2[* * *]
_________________________
2. Omitted by U.P. Act No. 26 of 1995.
(3) Not less than one-third of the total number of seats reserved under 3[sub-section (1)] shall be reserved for the women belonging to the Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be.
_________________________
3. Subs. by U.P. Act No. 26 of 1995.
(4) Not less than one-third of the total number of seats in a municipality includ4tg the number of seats reserved under sub-section (3) shall be reserved for women and such seats may be allotted by rotation to different. wards in a municipality in such order as may be prescribed by rules.
4[(5) The offices of President and 5[* * *] of the Municipal Councils and Nagar Panchayat shall be reserved and allotted for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and Women, in the manner given below :-
(1) Reservation and allotment of offices of the President.-(a) The reservation and allotment of offices of the President under this sub-Section, shall be done separately for the Municipal Councils and Nagar Panchayats in the manner hereinafter provided.
(b) The number of offices to be reserved-
(i) for the Scheduled Castes or for the Scheduled Tribes or for the backward classes shall be determined in the manner that it shall bear, as nearly as may be, the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the urban area of the State, or of the Scheduled Tribes in the urban area of the State, or of the backward classes in the urban area of the State bears to the total population of such area in the State and if in determining such number of offices, there comes a remainder then, if it is half or less than half of the divisor, it shall be ignored and if it is more than half of the divisor, the quotient shall be increased by one and the number so arrived at shall be the number of offices to be reserved for the Scheduled Castes or the Scheduled Tribes or the backward classes, as the case may be :
Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State;
(ii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes, as the case may be, under sub-section (3) shall not be less than one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes:
Provided that the number of offices to be reserved for the backward classes under this clause shall not be more than twenty-seven per cent of the total number of offices in the State;
(iii) for the women belonging to the Scheduled Castes, the Scheduled Tribes and the backward classes, as the case may be, under subsection (3) shall not be less than one-third of the number of offices for the Scheduled Castes, Scheduled Tribes and for the backward classes and if in determining such number of offices there comes a remainder then the quotient shall be increased by one and the number so arrived at shall, as the case may be, the number of offices be reserved for women belonging to the Scheduled Castes, Scheduled Tribes and backward classes.
(c) All Municipal Councils and Nagar Panchayats of the State shall be arranged in such serial order that the Municipal Councils or Nagar Panchayats having largest percentage of population of Scheduled Castes in the State, shall be placed at Serial Number 1 and Municipal Councils or Nagar Panchayats having lesser population of the Scheduled Castes than those shall be placed at number 2 and the rest shall likewise be placed respectively at succeeding numbers.
(d) Subject to item (ii) of sub-clause (b) the number of offices of the Presidents determined under sub-clause (b) for Municipal Councils or the Nagar Panchayats of the State shall be allotted to different Municipal Councils or Nagar Panchayats in the State, as the case may be, in the manner that-
(i) the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Castes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Castes, shall be allotted to Scheduled Castes next to the Municipal Council or Nagar Panchayat placed at Serial No.1 under sub-clause' (c) :
Provided that such Municipal Council or Nagar Panchayats shall be first allotted to the women belonging to the Scheduled Castes:
(ii) the number of offices determined under item (i) of sub-clause (b) for the offices of Scheduled Tribes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the Scheduled Trines be allotted to Scheduled Tribes serial-wise next to the last serial allotted under item (i) :
Provided that such Municipal Councilor Nagar Panchayat shall be first allotted to the women belonging to the Scheduled Tribes;
(iii) the number of offices determined under item m of sub-clause (b), for the offices of backward classes including the number of offices determined under item (ii) of the said sub-clause for the women belonging to the backward classes shall be allotted to backward classes serial-wise next to the last serial number allotted under item (ii) :
Provided that such Municipal Council or Nagar Panchayat shall be first allotted to the women belonging to the backward classes.
(iv) the number of offices determined under item (ii) of sub-clause (b) excluding the officers determined under the said sub-clause for the women of Scheduled Castes, Scheduled Tribes and backward classes shall be allotted to the women serial-wise next to the last serial number allotted under item (iii).
(e) If on the basis of the population of Scheduled Castes or Scheduled Tribes in a Municipal Councilor Nagar Panchayat-
(i) only one office could be reserved for the Scheduled Castes or for the Scheduled Tribes, as the case may be, such office shall be allotted to the women.
(ii) no office could be reserved for the Scheduled Castes or for the Scheduled Tribes, the order of allotment of offices referred in sub-clause (d) shall be so adhered to as if there is no reference in it to the Scheduled Castes or to the Scheduled Tribes, as the case may be.
(f) The offices allotted in any previous election to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women shall not be allotted in the subsequent election respectively to the Scheduled Castes, the Scheduled Tribes, the backward classes or the women and the offices in such subsequent election shall be allotted serially from the next to the last office allotted to the women in the previous election in the order referred to in sub-clause (d) in cyclic order.
_________________________
4. Subs. by U.P. Act No. 25 of 2006.
5. Omitted by U.P. Act No. 49 of 2007.
1[Explanation I.-It is hereby clarified that the words "previous election" and "subsequent election" as occurring in sub-clause (f) of this clause and elsewhere in the Act shall not include and shall be deemed to have never included the elections held in accordance with the provisions of the Uttar Pradesh Municipalities (Amendment) Ordinance, 2006 (Uttar Pradesh Ordinance No.3 of 2006) and this Act as amended by the said Ordinance.
Explanation II.-Notwithstanding the repeal of the Uttar Pradesh Municipalities (Amendment) Ordinance, 2006 (Uttar Pradesh Ordinance No.3 of 2006) and its substitution by the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 2006 (U.P. Act No. 25 of 2006) or the judgment, order or decree of any Court, Tribunal or Authority it is hereby declared that the elections held in accordance with the provisions of the said Ordinance and this Act as amended by the said Ordinance shall not be deemed to be the "previous election" as contemplated under this section and the next elections to be held under this section accordingly shall not be deemed to be subsequent election.].
_________________________
1. Ins. by U.P. Act No.7 of 2012 (w.e.f. 15.09.2006).
[x x x]2
_________________________
2. Clause (2) omitted by U.P. Act No. 49 of 2007. Prior to omission it stood as under:
"(2) Reservation and allotment of the offices of Vice-President.-For the reservation and allotment of offices of the Senior Vice-President of Municipal Councils or the Vice-President of Nagar Panchayats, the provisions of sub- clause (5) of clause (1) shall mutatis mutandis apply:
(3) Allotment order.-(a) Notwithstanding anything contained in the foregoing clauses the State Government shall, determining the number of offices to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Gasses and the women, by order published in the Gazette, allot the offices to the Municipalities.
(b) The draft of order under sub-clause (a) shall be published for objections for a period of not less than seven days.
(c) The State Government shall consider the objections, if any, but it shall not be necessary to hear in person on such objections unless the State Government considers it necessary so to do and thereupon it shall become final.
(d) The draft of order referred to in sub-clause (b) shall be published in at least one daily newspaper having wide circulation in the concerned district and shall also be affixed on the notice board of the offices of the District Magistrate and the concerned Municipality.]
(6) The reservation of seats and offices of the Presidents for the Scheduled Castes and the Scheduled Tribes under this section shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution.
Explanation.-It is clarified that nothing on this section shall prevent the persons belonging to the Scheduled Castes, Scheduled Tribes, the Backward Classes and the women from contesting election to unreserved seats and offices.]
1[UTTARAKHAND] AMENDMENT
2[In the first proviso of Section 9-A(1) of the principal Act, the word "fourteen" shall be substituted for the words "twenty seven".]
_________________________
1. The word "Uttaranchal" subs. by Act No. 52 of 2006.
2. Subs. by Uttaranchal Act No. 13 of 2002.
(1) Every municipality shall, unless sooner dissolved under Section 39, continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute a municipality shall be completed,-
(a) before the expiry of its term specified in sub-section (1); or
(b) before the expiration of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved municipality would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the municipality for such period.
(3) A municipality constituted upon the dissolution of a municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved municipality would have continued under sub-section (1), had it not been so dissolved.]
4[(4) Notwithstanding anything to the contrary contained in any other provision of this Act, where, due to unavoidable Circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipality before the expiry of its term, then until the due constitution of such Municipality, all the powers, functions and duties of the Municipality shall be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such District Magistrate or Officer shall be called the Administrator, and such Administrator shall be deemed in law to be the Municipality, the President or the Committee as the occasion may require.]
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No. 23 of 2005.
UTTARAKHAND AMENDMENT
In the end of Section 10-A, a new sub-section shall be inserted, namely :-
5[(4) Notwithstanding anything to the contrary contained in any other provision of this Act, where due to unavoidable circumstances or in the public interest, it is not practicable to hold an election to constitute a Municipal Council/Nagar Panchayat before the expiration of its duration. then until the due constitution of such Municipal Council/Nagar Panchayat, all powers, functions and duties of Municipal Council/Nagar Panchayat, shall be exercised. performed and discharged by the District Magistrate or by such Gazetted Officer not below the rank of Sub-Divisional Magistrate, to be appointed in this behalf by the District Magistrate and such District Magistrate or such Officer shall be deemed in law to be the Chairman/President or Committee, as the occasion may require:
Provided that the term of the Administrator, appointed under this section, shall not exceed six months or till the new constitution of new Board.]
_________________________
5. Ins. by Uttarakhand Act No.3 at 2008.
1[* * *]
_________________________
1. Omitted by U.P. Act No. 12 of 1994.
2[UTTARAKHAND] AMENDMENT
_________________________
2. The word "Uttaranchal" subs. by Act No. 52 of 2006.
10-AA. [x x x]3
_________________________
3. Section 10-AA omitted by Uttarakhand Act No.3 of 2008.
(1) for the purpose of election of members of a municipality every municipal area shall be divided into territorial constituencies to be known as wards in such manner that the population in each ward shall, so far as practicable, be the same throughout the municipal area.
(2) Each ward shall be represented by one member in the municipality.]
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
(1) The State Government shall by order, determine,-
7[(a) the number of wards into which each municipal area shall be divided for purposes of elections to the municipality;]
(b) the extent of each ward;
(c) 8[* * *]
9[(d) the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes and the women.]
(2) The draft of the Order under sub-section (1) shall be 10[published in the manner prescribed for a period of not less than seven days].
(3) The State Government shall consider any objections 11[* * *] filed under sub-section (2) and the draft order shall, if necessary, be amended, altered or modified accordingly and thereupon it shall become final.
_________________________
6. Ins. by U.P. Act No.7 of 1953.
7. Subs. by U.P. Act No. 12 of 1994.
8. Omitted by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 26 of 1995. .
11. The words "and the comments", omitted by U.P. Act No. 26 of 1995.
13[(1)] The State Government may, after consulting the 14[Municipality] concerned, by a subsequent order, alter or amend the final order under sub-section (3) of Section 11-B.]
15[(2) For the alteration or amendment of any order under sub-section (1), the provisions of sub-sections (2) and (3) of Section 11-B shall mutatis mutandis apply.]
_________________________
12. Ins. by U.P. Act No.7 of 1953.
13. Re-numbered as sub-section (1) thereof, by U.P. Act No. 26 of 1995.
14. Subs. by U.P. Act No. 12 of 1994.
15. Ins. by U.P. Act No. 26 of 1995.
The members of a municipality shall be elected on the basis of adult suffrage in accordance with the provisions of this Act.]
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
(1) There shall be an electoral roll for every ward which shall be prepared in accordance with the provisions of this Act under the superintendence, direction and control of the State Election Commission.
6[(2) Subject to sub-section (1), the electoral roll for every ward shall be prepared and published by the Electoral Registration Officer in the manner prescribed by rules under the supervision of the Chief Election Officer (Urban Local Bodies).
(2-A) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer referred to in sub-section (2) shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, nominate or designate in this behalf.
(2-B) Upon the publication of the electoral roll, it shall, subject to any alteration, addition or modification made by or under this Act be the electoral roll for the ward prepared in accordance with this Act.]
(3) Notwithstanding anything contained in this Act, the 7[Electoral Registration Officer may for the purpose of preparation of electoral roll for a ward, adopt, in accordance with the direction of the State Election Commission] the electoral roll of the Assembly constituency prepared under the Representation of the People Act, 1950 for the time being in force so far as it relates to the area of that ward :
Provided that the electoral roll for such ward shall not include any amendment, alteration or correction made after the last date for making nomination for the election of such ward and before the completion of such election].
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 26 of 1995.
7. Subs. by U.P. Act No. 26 of 1995.
Subject to the provisions of Section 12-D and 12-E every person who has attained the age of 18 years on the first day of January of the year in which the electoral roll is prepared or revised, and who is ordinarily resident in the area of the ward shall be entitled to be registered in the electoral roll for the ward.
Explanation.-(i) A person shall not be deemed to be ordinarily resident in the area of a ward on the ground only that he owns, or is in possession of a dwelling-house therein.
(ii) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein.
(iii) A member of Parliament or of the Legislature of the State shall not during the term of his office, cease to be ordinarily resident in the area of a ward merely by reason of his absence from that area in connection with the duties as such member.
(iv) Any other factors that may be prescribed shall be taken into consideration for deciding as to what persons mayor may not be deemed to be ordinarily residents of a particular area at any relevant time.
(v) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case.
(1) A person shall be disqualified for registration in an electoral roll, if he,-
(i) is not a citizen of India; or
(ii) is of unsound mind and stands so declared by a competent Court; or
(iii) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes disqualified under sub-section (1) after registration shall forthwith be struck of the electoral roll in which it is included:
Provided that the name of any person struck off the electoral roll by reason of any such disqualification shall forthwith be reinstated in that roll, if such disqualification is during the period such roll is in force, removed under any law authorising such removal.
(1) No person shall be entitled to be registered in the electoral roll for more than one ward or more than once in the electoral roll for the same ward.
(2) No person shall be entitled to be registered in the electoral roll for any ward, if his name is entered in any electoral roll pertaining to any city, other 2[Municipal area, Cantonment or area of Gram Panchayat], unless he shows that his name has been struck off from such electoral roll.
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
(1) Where the Electoral Registration Officer is satisfied, after making such enquiry as he thinks fit, whether on an application made to him or on his own motion, that any entry in the electoral roll should be corrected or deleted or that the name of any person entitled to be registered should be added in the electoral roll, he shall subject to the provisions of this Ac and the rules or orders made thereunder, delete or correct or add the entry, as the case may be :
Provided that no such deletion or correction or addition shall be made after the last date for making nomination for an election in the ward and before the completion of such election:
Provided further that no deletion or correction affecting the interest of any person adversely shall be made without giving him reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.
(2) An appeal shall lie within such time and manner and to such officer or authority as may be prescribed by rules against any order of the Electoral Registration Officer in regard to the inclusion, deletion or corrections of a name in the electoral roll.]
_________________________
3. Subs. by U.P. Act No. 26 of 1995.
4[The State Election Commission] may, if 5[it] thinks it necessary to do for the purpose of a general or bye-election, direct a 6[***] revision of the electoral roll for any ward in such manner as 7[it] may things fit :
Provided that subject to the other provision of this Act, the electoral roll for the ward, as in force at the time of issue of any such direction shall continue to be in force until the completion of the 8[* * *] revision, so directed.
_________________________
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Omitted by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Omitted by U.P. Act No. 12 of 1994.
2[In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may], by order make provision in respect of the following matters concerning the electoral rolls, namely,-
(a) the date on which the electoral rolls first prepared and subsequently prepared under this Act shall come into force and their period of operation;
(b) the correction of any existing entry in the electoral rolls on the application of the elector concerned;
(c) the correction of clerical or printing errors in the electoral rolls;
(d) the inclusion in the electoral rolls of the name of any person-
(i) whose name is included in the Assembly rolls for the area relatable to the ward but is not included in the electoral roll of the ward or whose name has been wrongly included in the electoral roll of some other ward; or
(ii) whose name is not so included in the Assembly rolls and who is otherwise qualified to be registered in the electoral roll of the ward;
(e) 3[* * *]
(ee) fees payable on applications for inclusion or exclusion of names;
(f) custody and preservation of the electoral rolls; and
(g) generally for all matters relating to the preparation and publication of the electoral rolls.]
_________________________
1. Subs. by U.P. Act No. 35 of 1978.
2. Subs. by U.P. Act No. 26 of 1995, for "The State Election Commission may".
3. Omitted by U.P. Act No. 12 of 1994.
Except as provided in Section 31-A, the State Government shall, in consultation with the State Election Commission, by the Official Gazette, appoint date or dates for general election to a municipality.]
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
5[(1)] The superintendence, direction and control of the conduct of all elections to the municipalities shall be vested in the State Election Commission.]
6[(2) Subject to sub-section (1), the Chief Election Officer (Urban Local Bodies), referred to in sub-section (2-A) of Section 12-B shall supervise the conduct of all elections to the municipalities.]
_________________________
4. Subs. by U.P. Act No. 12 of 1994.
5. Re-numbered as sub-section (1) by U.P. Act No. 26 of 1995.
6. Ins. by U.P. Act No. 26 of 1995.
7[UTTARAKHAND] AMENDMENT
_________________________
7. The word "Uttaranchal" subs. by Act No. 52 of 2006.
8[(3) State Election Commission shall obtain from all candidates a declaration in the form of an affidavit containing the following information and any other information it deems necessary and shall, except information contained in clauses (c) and (e), make public the same for the information of the electorate,-]
9[(a) whether the candidate has been convicted/acquitted/discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment or fine;
(b) prior to six months of tiling of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so the details thereof;
(c) the assets (immovable, movable, bank balances, etc.) of a candidate and of his/her spouse and. that of dependants;
(d) liabilities, if any particularly whether there are any overdues of any Public Financial Institutions or Government dues;
(e) his/her source of income and full details of present Monthly/Annual Income;
(f) whether he/she is married/unmarried;
(g) number of children, their ages, and their educational expenses.
(h) details of his/her income tax, house tax, projections tax/fees payable annually;
(i) the educational qualifications of candidate.]
_________________________
8. Amended by Uttaranchal Act No. 11 of 2003 (w.e.f. 27.5.2003).
9. Added by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
A person shall not be qualified for being chosen as and for being a member unless,-
(a) he is an elector for any ward in the municipality;
(b) in the case of a seat reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes or the women, he is a person belonging to the said category, as the case may be;
(c) he has attained the age of twenty one years.]
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
4[UTTARAKHAND] AMENDMENT
_________________________
4. The word "Uttaranchal" subs. by Act No. 52 of 2006.
[x x x]5
_________________________
5. Clause (d) omitted by Uttarakhand Act No.3 of 2008.
A person, notwithstanding that he is otherwise qualified shall be disqualified for being chosen as, and for being, a member of a 7[Municipality] if he,-
_________________________
6. Ins. by U.P. Act No.7 of 1953.
7. Subs. by U.P. Act No. 12 of 1994.
8[(a) is a dismissed servant of a local authority and is debarred from re-employment thereunder; or
_________________________
8. Subs. by U.P. Act No. 15 of 1983.
(aa) having held any office under the Government of India or the Government of any State has been dismissed for corruption or disloyalty to the State unless a period of six years' has elapsed since his dismissal; or]
(b) is debarred from practising as a legal practitioner by order of any competent authority; or
(c) holds any place of profit in the gift or disposal of the 9[Municipality]; or
_________________________
9. Subs. by U.P. Act No. 12 of 1994.
(d) is disqualified under Section 27 or 41; or
(e) 1[***]
_________________________
1. Omitted by U.P. Act No. 26 of 1964.
2[UTTARAKHAND] AMENDMENT
_________________________
2. The word "Uttaranchal" subs. by Act No. 52 of 2006.
3[(e) he has more than two living children of whom one is born after expiry of 300 days from the date of notification of this part; or]
_________________________
3. Ins. by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
(f) is in the service of the State or the Central Government or any local authority, or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Magistrate or an Honorary Munsif or an Honorary Assistant Collector; or
(g) is in arrears in the payment of Municipal Tax or other dues in excess of one year's demand to which Section 166 applies; or
(h) 4[* * *]
_________________________
4. Omitted by U.P. Act No. 12 of 1994.
5[UTTARAKHAND] AMENDMENT
_________________________
5. The word "Uttaranchal" subs. by Act No. 52 of 2006.
6[(h) has been convicted of any offence against a woman; or]
_________________________
6. Ins. by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
(i) is an undischarged insolvent; or
7[(ii) has been convicted of any offence punishable with imprisonment under Section 171-E or an offence punishable under Section 17-F of the Indian Penal Code, 1860 (Act No. 45 of 1860); or]
_________________________
7. Ins. by U.P. Act No. 26 of 1964.
8[(j) has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1947 (U.P. Act II of 1947), as re-enacted by the Uttar Pradesh Control of Supplies (Temporary Powers) Act, 1953 (U.P. Act XII of 1953, or the Prevention of Food Adulteration Act, 1954 (U.P. Act XXXVII of 1954) or for an offence which is declared by the State Government to involve such moral turpitude as to render him unfit to be a member, or has been ordered to execute a bond for good behaviour in consequence of proceedings under Section 109 or 110 of the Code of Criminal Procedure, 18989, such sentence or order not having been subsequently reversed:]
_________________________
8. Subs. by U.P. Act No. 26 of 1964.
9. See now Code of Criminal Procedure, 1973.
Provided that in cases of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf:
Provided further that in the case of (g), the disqualification shall cease as soon as the arrears are paid 10[:]
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10. Ins. by U.P. Act No. 26 of 1964.
11[Provided also that in case of (j),-
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11. Ins. by U.P. Act No. 26 of 1964.
(i) the disqualification shall cease on the expiry of the five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behaviour, as the case may be; and
(ii) the disqualification shall not in the case of a person who is, on the date of the disqualification, a member of the 1[Municipality] take effect until three months have elapsed from the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of.]
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
2[Explanation.-A Government treasurer shall not be deemed to be in the service of the State or of the Central Government within the meaning of clause (f)].
_________________________
2. Ins. by U.P. Act No.1 of 1955.
3[(k) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:
Provided that no persons shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.]
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3. Ins. by U.P. Act No. 12 of 1994.
4[UTTARAKHAND] AMENDMENT
_________________________
4. The word "Uttaranchal" subs. by Act No. 52 of 2006.
5[(l) has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published; or
(m) is a paid employee of any institution, receiving financial aid from the municipalities; or
(n) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned or managed by the municipality/Government or a public road or pavement, canal, drain. or is a beneficiary of such unauthorized occupation; or
(o) is a representative or office bearer of any federation or union of any cadre or class of employees of the municipality; or
(P) has been convicted of any offence involving violation of any Act, rules, sub-rules, regulations and Government orders relating to municipality and has been found guilty or working against the interest of the municipality.]
6[(q) is a candidate from more than one ward.]
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5. Ins. by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
6. Ins. by Uttarakhand Act No.3 of 2008.
Notwithstanding anything to the contrary contained in any other provision of this Act,-
(a) a person shall be disqualified for being elected as, and for being a President or Member, if he is a Member of Parliament or of the State Legislature;
(b) if a person, after his election as President or Member, is subsequently elected or nominated to any of the offices referred to in clause (a) he shall on the date of first publication in the Gazette of India, or of the Uttar Pradesh of the declaration of his election for nomination, within a period of fourteen days from such notification, intimate by notice in writing signed by him and delivered to any person authorized by the Government in this behalf, submit his option, in which office he wishes to serve and any choice so intimated shall be conclusive, failing which he shall upon the expiry of the said period, cease to hold the office of the President or Member and casual vacancy shall thereupon occur in the office of the President or Member as the case may be.]
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3. Ins. by U.P. Act No.9 of 2013 (w.e.f. 08.11.2012).
(1) No person who is not, and except as expressly provided by this Act, every person who is for the time being entered in the electoral roll of any ward shall be entitled to vote in that ward.
(2) No person shall vote at an election in any ward if he is subject to any of the disqualifications referred to in Section 12-D.
(3) No person shall vote at a general election in more than one ward and if a person votes in more than one such ward, his votes in all such wards shall be void.
(4) No person shall at any election vote in the same ward more than once, notwithstanding that his name may have been registered in the electoral roll for that ward more than once, and if he does so vote, all his votes in that ward shall be void.
(5) No person shall vote at any election if he is confined in a prison whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the Police :
Provided that nothing in this sub-section shall apply to a person subject to preventive detention under any law for the time being in force.]
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4. Ins. by U.P. Act No.7 of 1953.
5[* * *]
_________________________
5. Omitted by U.P. Act No. 12 of 1994.
1[UTTARAKHAND] AMENDMENT
_________________________
1. The word "Uttaranchal" subs. by Act No. 52 of 2006.
2[13-F. Procedure of voting.- Wherever an election takes place in any ward, voting shall be either through secret ballot or voting machine and there shall be no proxy voting.]
_________________________
2. Ins. by Uttaranchal Act No. 13 of 2002 (w.e.f. 21.12.2002).
3[In so far as provision with respect to any matter is not made by this Act, the State Election Commission] may, by order make provision with respect to the following matters concerning conduct of elections, that is to say,-
(a) issue of notifications for general elections;
(b) the appointment, powers and duties of Returning Officers, Assistant Returning Officers, Presiding Officers and Polling Officers and clerks;
(c) appointment of dates for nomination, scrutiny, withdrawal and polling;
(d) the manner of presentation and the form of nomination paper, the requirements for a valid nomination, scrutiny of nominations and withdrawal of candidature;
(e) appointment and duties of election agents, polling agents and counting agents;
(f) procedure at general election including death of candidate before poll, procedure in contested and uncontested elections, 4[* * *];
(g) identification of voters;
(h) hours of polling;
(i) adjournment of poll and fresh poll;
(j) manner of voting at elections;
(k) scrutiny and counting of votes including recount of votes and procedure to be followed in case of equality of votes and declaration of results;
(l) the notification of the names of the members elected for the various wards of the municipality and the due constitution of the 5[Municipality];
(m) return of forfeiture of deposits;
(n) manner in which votes are to be given by the presiding officers, polling agents or any other person who being an elector for a ward is authorised or appointed for duty at a polling station at which he is not entitled to vote;
(o) the procedure to be followed in respect of the tender of vote by person representing himself to be an elector after another person has voted as such elector;
(p) the safe custody of ballot boxes papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers; and
(q) generally on all matters relating to conduct of elections.
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3. Subs. by U.P. Act No. 12 of 1994, for the words "the State Government".
4. Omitted by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(1) Subject to the provisions of sub-section (2) of Section 13-I, when the seat of a member, elected to a 1[Municipality] becomes vacant or is declared vacant or his election is declared void, 2[the State Election Commission shall in consultation with the State Government] by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy caused before such date as may be specified in the notification and the provisions of this Act and of the Rules and Orders made thereunder, shall apply, as far as may be, in relation to the election of member to fill such vacancy.
(2) If the vacancy so caused be a vacancy in a seat reserved in any such ward for the Scheduled Castes, 3[the Scheduled Tribes, the Backward Classes or the women] the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to the Scheduled Castes 4[the Scheduled Tribes, the Backward Classes or the women, as the case may be].
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Ins. by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No. 12 of 1994.
Where a vacancy occurs on a 5[Municipality] by reason of death, resignation, removal or avoidance of an election of the elected member and the term of office of that member would, in the ordinary course of events, have determined within one year of the occurrence of the vacancy, 6[such vacancy may be left unfilled].
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(1) The provisions of Sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135, 8[135-A] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951, shall have effect as if,-
_________________________
7. Subs. by U.P. Act No. 35 of 1978.
8. Ins. by U.P. Act No. 26 of 1995.
(a) the reference therein to an election were a reference to an election held under this Act;
(b) for the word" constituency" the word "ward" had been substituted;
(bb) in Section 127-A in sub-section (2) in clause (b) in sub-clause (i), for the words "the Chief Electoral Officer" the words 9[Chief Election Officer (Urban Local Bodies)] had been substituted;
_________________________
9. Subs. by U.P. Act No. 26 of 1995, for "State Election Commission".
(c) 10[* * *]
_________________________
10. Omitted by President's Act No.3 of 1996, Sec. 4 (w.e.f. 29.9.1995).
(d) in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh Municipalities Act, 1916" had been substituted.
(2) If 11[Chief Election Officer (Urban Local Bodies)], has reason to believe that any offence punishable under Section 129 or Section 134 or Section 134-A or under clause (a) of sub-section (2) of Section 136 of the said chapter has been committed in reference to any election to a 1[Municipality], it shall be the duty of the 2[Chief Election Officer (Urban Local Bodies)] to cause such inquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.
_________________________
11. Subs. by U.P. Act No. 26 of 1995, for "State Election Commission".
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 26 of 1995, for "State Election Commission".
(3) No Court shall take cognizance of any offence punishable under Section 129 or under Section 134 or under Section 134-A or under clause (a) of sub-section (2) of Section 136 unless there is a complaint made by order or under authority from the 3[Chief Election Officer (Urban Local Bodies)].
_________________________
3. Subs. by U.P. Act No. 26 of 1995, for "State Election Commission".
(1) No Civil. Court shall have jurisdiction,-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll of a ward; or
5[(b) to question the legality of any action taken by or under the authority of the State Election Commission in respect of preparation or publication of electoral roll; or]
(c) to question the legality of any action taken or any decision given by the Returning Officer or by any other officer appointed under this Act in connection with an election.
(2) No election shall be called in question except by an election petition presented in accordance with the provisions of this Act].
_________________________
4. Ins. by U.P. Act No.7 of 1953.
5. Subs. by U.P. Act No. 12 of 1994.
(1) The election of any person as a member of a 8[Municipality] may be questioned by an election petition on the ground,-
(a) that such person committed during or in respect of the election proceedings a corrupt practice as defined in Section 28;
(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes, or any other reason was not duly elected by a majority of lawful votes;
9[(c) that such person was not qualified to be nominated as a candidate for election or that the nomination paper of the petitioner was improperly rejected.]
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
9. Ins. by U.P. Act No.7 of 1949.
(2) The election of any person as a member of a 1[Municipality] shall not be questioned,-
(a) on the ground that the name of any person qualified to vote has been omitted from, or the name of any person not qualified to vote has been inserted in the electoral roll or rolls;
2[(b)] on the ground of any non-compliance with this Act or any rule, or of any mistake in the forms required thereby, or of any error, irregularity or informality on the part of the officer or officers charged with carrying out this Act or any rules, unless such non-compliance, mistake, error, irregularity or informality has materially affected the result of the election.
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
2. Re-numbered by U.P. Act No.9 of 1922.
(1) An election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer, and shall specify the ground or grounds on which the election of the respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies and set for the full particulars of any corrupt practices that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practices and the dates and place of the commission of each such practice.
_________________________
5. Subs. by U.P. Act No. 26 of 1964.
(2) The petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.
(3) The petition may be presented by any candidate in whose favour votes have been recorded and who claims in the petition to be declared elected in the room of the person whose election is questioned or by ten or more electors of the municipality or by a person who claims that his nomination paper was improperly rejected.
(4) The person whose election is questioned and, where the petitioner claims that any other candidate should be declared elected in the room of such person, every unsuccessful candidate who is not a petitioner in the petition shall be made a respondent to the petition.]
1[(5) The petition shall be presented to the District Judge exercising jurisdiction in the area in which the municipality, to which the election petition relates, is situate :
_________________________
1. Subs. by U.P. Act No. 17 of 1982.
Provided that the petition shall not be entertained by the District Judge, unless it is accompanied by a treasury challan showing that the prescribed security has been deposited].
(1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such other candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election :
Provided that the returned candidate or such other party shall not be entitled to give such evidence unless he has within twenty-one days from the date of the service upon him of the notice of the election petition, given notice to the election tribunal of his intention to do so and has also deposited the security prescribed in the-case of an election petition questioning the election of a member.
(2) Every notice referred to in sub-section (1) shall be accompanied by a statement of ground or grounds and of material facts and full particulars required by Section 20 in the case of an election petition and shall be signed and verified in like manner].
_________________________
3. Subs. by U.P Act No. 26 of 1964.
Municipalities
Notice shall be accompanied by a statement of grounds.-When the provisions of Section 21 of sub-section (2) of the Act requires that the notice (recrimination) referred in sub-section (1) shall be accompanied by a statement of ground or grounds of material facts and full particulars as required by Section 20 of the Act then it would be a separate petition and as contemplated by Section 20 of the Act it is to be in a proforma. As such when a recriminatory proceeding has to be by means of a separate application and in case the petitioner who is the returned candidate wanted to contest the election petition by filing his written statement and also initiate recriminatory proceedings he was at liberty to do so but with compliance of the mandatory conditions of Section 21 of the Act.4
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4. Smt. Girija v. Smt. Sarla Devi & Ors., 2014 (2) AWC 1928.
Written statement-Acceptance of.- The proviso provides that the returned candidates shall not be entitled to give evidence unless he has within 21 days from the date of the service upon him of the notice of election petition given notice to the election Tribunal of his intention to do so. Meaning thereby that a recriminatory proceeding under Section 21 can be brought by the returned candidate in an election petition within 21 days of being served the notice. It is not in dispute in these proceedings that the written statement was filed beyond 21 days but that would not amount to rejecting the written statement. The written statement can well be accepted beyond the period of 21 days.4
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4. Smt. Girija v. Smt. Sarla Devi & Ors., 2014 (2) AWC 1928.
(1) An election petition not complying with the provisions of Section 20 or upon which the requisite court-fee has not been pad at the time of presentation or with in such further time not exceeding fourteen days as the 1[District Judge], as the case may be, may have granted, shall be rejected by such Judge.]
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5. Subs. by U.P. Act No. 26 of 1964.
1. Subs. by U.P. Act No. 17 of 1982.
2[(2) An election petition not rejected under sub-section (1) shall be heard by the District Judge.]
_________________________
2. Subs. by U.P. Act No. 17 of 1982.
Except so far as may be otherwise provided by this Act or by rule, the procedure provided in the Civil Procedure Code (Act V of 1908) in regard to suits, shall, so far as it is not inconsistent with this Act or any rule and so far it can be made applicable, be followed in the hearing of election petitions :
Provided that,-
(a) two or more persons whose election is called in question may be made respondents to the same petition, and their cases may be tried at the same time, and any two or more election petitions may be heard together; but, so far as is consistent with such joint trial or hearing, the petition shall be deemed to be separate petition against each respondent;
(b) the 5[District Judge] shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in its option for the purpose of deciding the case;
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5. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
(c) the 5[District Judge] may, at any stage of the proceedings, require the petitioner to give 6[* * *] further security for the payment of all costs incurred or likely to be incurred by any respondent;
_________________________
5. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
6. Omitted by U .P. Act No.7 of 1949.
(d) the 1[District Judge] for the purpose of deciding any issue, shall only be bound to require the production of, or to receive so much evidence, oral or documentary, as it considers necessary;
_________________________
1. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
(e) during the hearing of the case the 2[District Judge] may refer a question of law to the High Court under Order XLVI of the First Schedule of the Code of Civil Procedure, 1908, but there shall be no appeal either on a question of law or fact, and no application in revision against or in respect of the decision of the 3[District Judge];
_________________________
2. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
3. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
4[(f) any person considering himself aggrieved by the decision may apply for review to the 5[District Judge] within thirty days from the date of the decision and the 6[District Judge] may thereupon review the decision on any point;]
_________________________
4. Subs. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
6. Subs. by U.P. Act No. 17 of 1982 for the word "Court".
7[Provided that in computing the period of limitation the provision of sub-section (2) of Section 12 of the Limitation Act, 1963 shall apply.]
_________________________
7. Subs. by U.P. Act No. 35 of 1978.
An order for costs or an order for the realization of a security bond for costs passed by the District Judge in an election petition under this Act may be sent by him for execution to the Collector of the district in which the municipality concerned is situated and an order so sent shall be executed by the Collector in the same manner as if it were in respect of arrears of land revenue].
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10. Subs. by U.P. Act No. 17 of 1982.
12[(1) If the 13[District Judge], after making such inquiry as it deems necessary, finds in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against such person and may award costs at its discretion and may also pass such order for return or forfeiture of the security or part thereof as he may deem fit.]
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11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 35 of 1978.
13. Subs. by U.P. Act No. 17 of 1982.
(2) If the 1[District Judge] finds that the election of any person was invalid, 2[or that nomination paper of the petitioner was improperly rejected,] it shall either,-
(a) declare a casual vacancy to have been created; or
(b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances of the case, the more appropriate, and in either case may award costs at its discretion.
_________________________
1. Subs. by U.P. Act No. 17 of 1982.
2. Ins. by U.P. Act No.7 of 1949.
(3) 3[* * *]
_________________________
3. Omitted by U.P. Act No.7 of 1953.
(1) Notwithstanding anything contained in the preceding section if the 4[District Judge] in the course of hearing an election petition is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question have prevailed to such an extent as to render it advisable to set aside the whole proceedings, it shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party in the case calling upon him to show cause why such conditional order should not be made final.
(2) Thereupon every such candidate may appear and show cause, and may have recalled, for the purpose of putting question to him, any witness who has appeared in the case.
(3) The 5[District Judge] shall thereafter either cancel the conditional order or make it absolute, in which case it shall direct the 6[Municipality] to take measures for holding fresh election proceedings.
Explanation.-In this clause the expressions "the election proceedings in questions" and the "whole proceedings" shall mean all proceedings (inclusive of nomination and declaration of election) taken in respect of a single poll, whether the poll be for the purpose of selecting one or more persons to represent a ward or otherwise.
_________________________
4. Subs. by U.P. Act No. 17 of 1982.
5. Subs. by U.P. Act No. 17 of 1982.
6. Subs. by U.P. Act No. 12 of 1994.
(1) The 7[District Judge] may declare any candidate found to have committed any corrupt practice 8[***] to be incapable, for any period not exceeding five years, of being elected as a member of the 9[Municipality] or of being appointed or retained in any office or place in the gift or disposal of the 10[Municipality] 11[ : ]
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7. Subs. by U.P. Act No. 17 of 1982.
8. Omitted by U.P. Act No. 17 of 1934.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 17 of 1934.
1[Provided that no such declaration shall be made about any candidate who was not a party to the election petition or who was not given an opportunity of being heard under Section 26].
_________________________
1. Ins. by U.P. Act No. 17 of 1934.
A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person,-
(i) induces, or attempts to induce, by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate;
(ii) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money, or valuable consideration, or any place, or employment, or holds out any promise or individual advantage or profit to any person;
(iii) gives or procures the giving of a vote in the name of a voter who is not the person giving such vote;
(iv) abets [within the meaning of the Indian Penal Code (Act 15 of 1860)] the doing of any of the acts specified in clauses (i), (ii) and (iii);
2[(v) induces or attempts to induce a candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object to divine displeasure or spiritual censure;
(vi) canvasses on grounds of caste, community, sect or religion;
(vii) commits such other practice as the 3[State Government], may by rule prescribe to be corrupt practice.]
Explanation.-A "promise of individual advantage or profit to person" includes a promise for the benefit of the person himself, or of anyone in whom he is interested, but does not include a promise to vote for or against any particular municipal measure.
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2. Ins. by U.P. Act No.7 of 1949.
3. Subs. by ALO 1950.
A. 4[* * *]
_________________________
4. Omitted by U.P. Act No.7 of 1953.
Control of 5[Municipality]
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
If at any time the State Government is satisfied that a municipality persistently makes default in the performance of duties imposed upon it by or under this Act or any other law for the time being in force or exceeds or abuses more than once its powers, it may, after having given the municipality a reasonable opportunity to show cause why such order should not be made, by order, published with the reasons therefor in the Official Gazette, dissolve the municipality.]
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6. Subs. by U.P. Act No. 12 of 1994.
Where a municipality is dissolved under Section 30, the following consequences shall follow :
(a) All members of the municipality including the President shall, on a date to be specified to the order, vacate their offices as such but without prejudice to their eligibility for re-election or re-nomination;
(b) Until the constitution of the new municipality-
(i) all powers, functions and duties of the municipality, its President and Committees shall be vested in and be exercised, performed and discharged by such person or persons as the State Government may appoint in that behalf and such person or persons, shall be deemed in law to be the municipality, the President or the Committee, as the occasion may require;
(ii) such salary and allowances of such person or persons as the State Government may by general or special order in that behalf fix, shall be paid out of Municipal fund;
(iii) the State Government may, from time to time, by notification in the Official Gazette, make such incidental or consequential provisions, including provisions for adapting, altering or modifying any provisions of this Act, without affecting the substance, as may appear to it to be necessary or expedient for carrying out the purposes of this section.]
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8. Subs. by U.P. Act No. 12 of 1994.
(1) .The State Government shall appoint an officer to be the Director of Local Bodies, Uttar Pradesh.
(2) In addition to the function expressly assigned to him by or under this Act, the Director shall exercise such powers of the State Government in relation to the affairs of a 1[Municipality] (not being powers under Section 30) as the State Government may, by notification in the Gazette, and subject to such conditions and restrictions (including the conditions of review by itself) as may be specified in such notification, delegate to him.
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1. Subs. by U.P. Act No. 12 of 1994.
The 2[Prescribed Authority] may,-
(a) inspect, or cause to be inspected, 3[by an officer not below the rank of a Sub-Divisional Officer] any immovable property used or occupied by a 4[Municipality] or Joint Committee or any work in progress under the direction of a 5[Municipality] or of such committee;
(b) by order in writing call for and inspect a book or document in the possession or under the control of a 6[Municipality] or of such committee;
(c) by order in writing require a 7[Municipality] or such committee to furnish such statements, accounts, reports or copies of documents, relating to the proceedings or duties of the 8[Municipality] or committee, as 9[it] thinks fit to call for; and
(d) record in writing for the consideration of a 10[Municipality] or of such committee, any observations as 11[it] thinks proper in regard to the proceedings or duties of the 12[Municipality] or committee.
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2. Subs. by U.P. Act No.7 of 1949.
3. Ins. by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No.7 of 1949.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
A work, or institution, constructed or maintained, in whole or in part at the expense of a 2[Municipality], and all registers, books, accounts or other documents relating thereto, shall at all times be open to inspection by such officers as the 3[State Government] appoints in this behalf.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by ALO 1950.
(1) 6[The Prescribed Authority may], by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a 7[Municipality] or a committee of a 8[Municipality] or a Joint Committee or any officer or servant of a 9[Municipality] or of a Joint Committee 10[if in its opinion] such resolution or order is of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body of persons lawfully employed 11[* * *] and may prohibit the doing or continuance by any person of any act in pursuance for or under cover of such resolution or order.
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No.7 of 1949.
11. Omitted by U.P. Act No.7 of 1949.
12[(1-A) The District Magistrate may, within the limits of his district, by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a 13[Municipality] or a committee of a 14[Municipality] or a Joint Committee or any officer or servant of a 15[Municipality] or of a Joint Committee if in his opinion such resolution or order is of a nature to cause or tend to cause danger to human life, health or safety, or a riot or affray, and may prohibit the doing or continuance by any person of any act, in pursuance of or under cover of such resolution or order.]
_________________________
12. Ins. by U.P. Act No.7 of 1949.
13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by U.P. Act No. 12 of 1994.
15. Subs. by U.P. Act No. 12 of 1994.
1[(1-B) The State Government may, on its own motion or on report or complaint received by order prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a 2[Municipality] or a committee of a 3[Municipality] or a Joint Committee or any officer or servant of a 4[Municipality] or of a Joint Committee, if in its opinion such resolution or order is prejudicial to the public interest, 5[or has been passed or made in abuse of powers or in flagrant breach of any provision of any law for the time being in force,] and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order.]
_________________________
1. Ins. by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Ins. by U.P. Act No. 26 of 1964.
6[(2) Where an order is made under sub-section (1) or (1-A) 7[* * *], a copy thereof with a statement of the reasons for making it, shall forthwith be forwarded by the Prescribed Authority or the District Magistrate through the Prescribed Authority as the case may be, to the State Government which may thereupon, if it thinks fit, rescind or modify the order.]
_________________________
6. Subs. by U.P. Act No.7 of 1949.
7. Omitted by U.P. Act No. 12 of 1994.
(3) 8[* * *]
_________________________
8. Omitted by U.P. Act No. 12 of 1994.
(4) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (1), (1-A) or (1-B) and continuing in force, it shall be the duty of the 9[Municipality], if so required by the authority making the order under the said sub-sections to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further execution is prohibited.
_________________________
9. Subs. by U.P. Act No. 12 of 1994.
(1) If at any time, upon representation made or otherwise, it appears to the State Government that 12[a municipality] has made default in performing a duty imposed on it by or under this or any other enactment, 13[or in carrying out any order made or direction issued by the State Government in exercise of any power conferred by this Act or any other enactment] the State Government 1[* * *] may (after calling for an explanation from the 2[Municipality] and considering any objection by the 3[Municipality] to action being taken under this section), by order in writing fix a period for the performance of that duty 4[or the carrying out of that order or direction].
_________________________
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Ins. by U.P. Act No.7 of 1953.
1. Omitted by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No. 26 of 1964.
(2) If that duty is not performed 5[or the order or direction is not carried out] within the period so fixed, the State Government 6[* * *] may appoint the District Magistrate 7[or any officer not below the rank of a Deputy Collector] to perform it and may direct that the expense (if any) of performing the duty 8[or executing the order or direction] shall be paid, within such time as may be fixed, to the District Magistrate by the 9[Municipality].
_________________________
5. Ins. by U.P. Act No.7 of 1953.
6. Omitted by U.P. Act No. 12 of 1994.
7. Ins. By U.P. Act No.7 of 1949.
8. Ins. by U.P. Act No.7 of 1953.
9. Subs. by U.P. Act No. 12 of 1994.
(3) If the expense is not so paid, the District Magistrate, with the previous sanction of the State Government 10[* * *] may make an order directing the person having the custody of the Municipal fund to pay the expense from such fund.
_________________________
10. Omitted by U.P. Act No. 12 of 1994.
(1) In case of emergency the District Magistrate may 11[with the permission of the Prescribed Authority] provide for the execution of any work or the doing of any act which the 12[Municipality] is empowered to execute or do and of which the immediate execution or doing, is in his opinion, necessary 13[far the safety, protection or convenience of the public] and may direct that the expense of executing the work or doing the act shall be forthwith paid by the 14[Municipality].
(2) If the expense is not so paid, the District Magistrate may make an order directing the person having the custody of the Municipal fund to pay the expense from such fund.
(3) The District Magistrate shall forthwith report to the 15[prescribed Authority] every case in which he uses the powers conferred on him by this section.
_________________________
11. Ins. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 26 of 1964.
14. Subs. by U.P. Act No. 12 of 1994.
15. Subs. by U.P. Act No.7 of 1949.
No member or President of a 16[Municipality] shall be granted any remuneration or travelling allowance by the 17[Municipality] except with the sanction of State Government or in accordance with rules made in this behalf.
_________________________
16. Subs. by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 12 of 1994.
(1) The term of office of a member elected 2[or nominated] to fill a casual vacancy or a vacancy remaining unfilled at the general election shall begin upon the declaration of his election 3[or nomination] Under the Act and shall be the remainder of the term of the 4[Municipality].
(1-a) 5[* * *]
(2) 6[* * *]
(3) 7[* * *]
(4) 8[* * *]
(5) 9[* * *]
_________________________
1. Ins. by U.P. Act No. 12 of 1994.
2. Ins. by U.P. Act No. 12 of 1994.
3. Ins. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Omitted by U.P. Act No.5 of 1932.
6. Omitted by U.P. Act No.7 of 1949.
7. Omitted by U.P. Act No.5 of 1932.
8. Omitted by U.P. Act No.5 of 1932.
9. Omitted by U.P. Act No.1 of 1955.
11[If a member of a 12[Municipality] other than the President resigns by writing under his hand addressed to the State Government, his seat shall thereupon become vacant. The resignation shall be delivered at the office of the District Magistrate of the district, in which the municipality is situate who shall forthwith inform the President and shall forward the resignation to State Government.]
_________________________
11. Subs. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
13[(1) The State Government 14[* * *] may remove a member of the 15[Municipality] on any of the following grounds,-
_________________________
13. Subs. by U.P. Act No.7 of 1949.
14. Omitted by U.P. Act No. 12 of 1994.
15. Subs. by U.P. Act No. 12 of 1994.
(a) that he has absented himself from the meetings of the 16[Municipality] for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the 17[Municipality] :]
_________________________
16. Subs. by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 12 of 1994.
Provided that the period during which the member was in jail as an under trial, detenue or as a political prisoner, shall not be taken into account;
(b) that he has incurred any of the disqualifications mentioned in Sections 18[12-D and 13-D];
_________________________
18. Subs. by U.P. Act No.7 of 1953.
(c) that he has within the meaning of Section 82, knowingly acquired or continued to hold, directly or indirectly, or by a partner, any 1[share or interest, whether pecuniary or of any other nature] in any contract by or on behalf of the 2[Municipality];
_________________________
1. Subs. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
(d) that he has knowingly acted as a member in a matter other than a matter referred to in Section 82 in which he or a partner had, directly or indirectly a 3[personal interest, whether pecuniary or of any other nature] or in which he was professionally interested on behalf of a client, principal or other person; 4[* * *]
_________________________
3. Subs. by U.P. Act No. 26 of 1964.
4. The word "or" omitted by U.P. Act No. 26 of 1964.
5[(e) that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the 6[Municipality] or against the State Government in respect of nazul and entrusted to the management of the 7[Municipality] or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the 8[Municipality];]
_________________________
5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9[(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer;]
_________________________
9. Subs. by U.P. Act No. 26 of 1964.
10[(g) that he has been guilty of persistent misbehaviour or disorderly conduct at meetings of the 11[Municipality] and a complaint to that effect is made to the State Government by the President or any other member; or]
_________________________
10. Ins. by U.P. Act No. 26 of 1964.
11. Subs. by U.P. Act No. 12 of 1994.
12[(h) that he has been guilty of any other misconduct whether as member or as 13[* * *] or President or as 14[* * *] exercising the powers of President whether committed before or after the commencement of the Uttar Pradesh Urban Local Self- Government Laws (Amendment) Act, 1976].
_________________________
12. Subs. by U.P. Act No. 41 of 1976.
13. Omitted by U.P. Act No. 49 of 2007.
14. Omitted by U.P. Act No. 49 of 2007.
(2) 15[* * *]
_________________________
15. Omitted by U.P. Act No. 12 of 1994.
16[(3) The State Government may remove from the 17[Municipality] a member who, in his opinion, while being a member during the current or the last preceding terms of the 1[Municipality], acting as President or a 2[* * *], or a 3[* * *], or Chairman of a Committee or member, or in any other capacity whatsoever, has, whether, before, or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the fund or property of the 4[Municipality], as to render him unfit to continue as a member.]
_________________________
16. Subs. by U.P. Act No. 41 of 1976.
17. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Omitted by V.P. Act No. 49 of 2007.
3. Omitted by V.P. Act No. 49 of 2007.
4. Subs. by V.P. Act No. 12 of 1994.
(4) Provided that 5[when the State Government] proposes to take action under the foregoing provisions of this section, an opportunity of explanation shall be given to the member concerned, and when such action is taken, the reasons therefor shall be placed on record.
_________________________
5. Subs. by V.P. Act No. 12 of 1994.
(5) 6[* * *]
_________________________
6. Omitted by V.P. Act No. 12 of 1994.
7[(6) Without prejudice to any of the foregoing powers, the State Government may on any of the grounds referred to in sub-section (1), instead of removing the member give him a warning.]
_________________________
7. Subs. by U.P Act No. 12 of 1994.
Explanation.-The power of administering warning or placing a member under suspension under sub-section (6) may be exercised either by the State Government or the Prescribed Authority, as the case may be, while dealing with the matter originally under sub-section (1) or sub-section (3) or by the State Government on appeal under sub-section (2).
(1) A member removed under clause (11) of sub-section (1) of the preceding section shall, if otherwise qualified, be eligible for further election 1[* * *] or nomination.
(2) A member removed under clause (b) of sub-section (1) of the preceding section 2[* * *] shall not be so eligible 3[* * *] 4[unless his disqualification no longer exists].
(3) A member removed under sub-section (3) of the preceding section shall not be so eligible for a period of 5[five] years from the date of his removal:
Provided that the State Government may for sufficient reason exempt any person from his disability.
(4) A member removed under any other provision of the preceding section shall not be so eligible until he is declared 6[for reasons to be specified] to be no longer ineligible, and he may be so declared, by an order of the State Government 7[* * *].
_________________________
1. Omitted by U.P. Act No.7 of 1953.
2. Omitted by U.P. Act No.7 of 1949.
3. Omitted by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 26 of 1964.
5. Subs. by U.P. Act No. 26 of 1964.
6. Ins. by U.P. Act No.7 of 1949.
7. Omitted by U.P. Act No. 12 of 1994.
(1) The President of the municipality shall be elected on the basis of adult suffrage by the electors in the municipal area.
(2) An outgoing President shall be eligible for re-election.
(3) The provision of this Act and the rules framed thereunder in relation to election (including disputes relating to election and electoral offences) of a member shall, mutatis mutandis, apply in relation to election of the President.
(4) If in a general election a person is elected both as member and President of the municipality or being a member of the municipality is elected President thereof in any bye-election, he shall, except as provided in Section 49, cease to be a member from the date of his election as President.]
_________________________
9. Subs. by U.P. Act No. 12 of 1994.
No person shall be at the same time the President or 12[* * *] both of a 13[Municipality] and any other local authority:
Provided that if a person is elected to any such or similar office of more than one local authority, he shall, at his option, continue to hold the office in one local authority and resign from other within a prescribed period.]
_________________________
10. Ins. by U.P. Act No.7 of 1949.
11. Omitted by U.P. Act No. 49 of 2007.
12. Omitted by U.P. Act No. 49 of 2007.
13. Subs. by U.P. Act No. 12 of 1994.
2[(1) A person shall not be qualified to be chosen as President of a 3[Municipality] unless he,-
(a) is an elector for any ward 4[in the municipal area];
(b) has attained the age of thirty years on the date of his nomination as a candidate for election to the office of President.]
(2) A person shall be disqualified for being chosen as, and for being, President of a 5[Municipality] if he,-
(a) is or has become subject to any of the disqualification 6[mentioned in clauses (a) to (g) and (i) to (k)] of Section 13-D and the disqualification has not ceased or been removed under the said section;
or
(b) 7[* * *].
(3) 8[* * *]
_________________________
1. Ins. by U.P. Act No.1 of 1955.
2. Subs by U.P. Act No. 35 of 1978.
3. Subs by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Omitted by U.P. Act No. 4 of 1965 (w.e.f. 1.5.1958).
8. Omitted by U.P. Act No. 12 of 1994.
1) On the application of any party to an election petition presented under sub-section (5) of Section 20 13[* * *], and after notice to the other parties thereto, and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage,-
(a) transfer an election petition pending before a District Judge for trial to any other District Judge; or
(b) re-transfer the same for trial to the District Judge from whom it was withdrawn.
(2) The District Judge may at any stage transfer an election petition pending before him under this Act to an Additional District Judge and may withdraw any election petition pending before an Additional District Judge and,-
(i) transfer or dispose of the same; or
(ii) transfer the same for trial or disposal to any other Additional District Judge; or
(iii) re-transfer the same for trial or disposal to the Court from which it was withdrawn.
(3) Where any election petition has been transferred or re-transferred under sub-section (1) or sub-section (2), the District Judge or the Additional District Judge, who thereafter tries such petition, may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred :
Provided that he may, if he thinks fit recall and re-examine any of the witnesses already examined.]
_________________________
12. Ins. by U.P. Act No. 17 of 1982
13. Omitted by U.P. Act No. 12 of 1994.
4[In so far as provision with respect to any of the following matters is not made by this Act or the rules made thereunder, the State Election Commission may] by order, make provision with respect to the following matters concerning the conduct of 5[* * *] election of President, that is to say,-
_________________________
2. Ins. by U.P. Act No. 17 of 1982.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 26 of 1995.
5. Omitted by U.P. Act No. 12 of 1994.
(a) the appointment, powers and duties of Returning Officers;
(b) appointment of dates for nomination, scrutiny, withdrawal and polling;
(c) the manner of presentation and the form of nomination paper, the requirements for a valid nomination, scrutiny of nominations and withdrawal of candidature;
(d) procedure at election, including death of candidate before poll and procedure of contested and uncontested elections;
(e) hours of polling and adjournment of poll;
(f) manner of voting at elections;
(g) scrutiny and counting of votes including re-counting of votes and procedure to be followed in case of equality of votes;
(h) declaration and notification of results;
(i) deposit of security with nomination and return and forfeiture thereof;
(j) to (r) 1[* * *]
_________________________
1. Omitted by U.P. Act No. 12 of 1994.
.-(1) The President and every member of a 3[Municipality] shall, before taking his seat, make and subscribe at a meeting of the 4[Municipality] an oath or affirmation of his allegiance to the Constitution in the following form:-
"I A. B., having been elected a member/President of this 5[Municipality] do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will faithfully and conscientiously discharge the duties upon which I am about to enter."
(2) The President or the members who fails to make, within three months of the date on which his term of office commences or at anyone of the first three meetings of the 6[Municipality], held after the said date, whichever is later, unless this period is extended by the District Magistrate, the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person required under sub-section (1) to make an oath or affirmation shall not take his seat at a meeting of the 7[Municipality] or do any act as a member or President of the 8[Municipality] unless he has made and subscribed an oath or affirmation as laid down under sub-section (1).
9[(4) Within seven days of the constitution or reconstitution of the Municipality, the District Magistrate shall convene a meeting of the Municipality for the Administration of oath or affirmation in the manner prescribed in this section and such meeting shall be presided over by the District Magistrate or in his absence by a Deputy Collector nominated by him in this behalf. The meeting, so convened shall be treated as the First Meeting of the Municipality.]
(5) The Executive Officer shall, as soon as may be, report to the District Magistrate the name of the President or Member, if any, who ceases to hold his office under sub-section (2)].
_________________________
2. Ins. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 38 of 2006, published in the U.P. Gazette, Extraordinary, Part I, Sec. (ka), dt. 11.12.2006.
If a casual vacancy occurs in the office of the President owning to death or resignation or any other cause, the President shall be elected as soon as may be thereafter, but not later than three months from the date of occurrence of the said vacancy, in the manner provided in Section 43.]
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
(1) Except as otherwise provided in this Act, the term of office of a President shall be coterminous with the term of the 6[Municipality].
(2) The term of office of a President elected in a casual vacancy shall be the remainder of the term of office of his predecessor.]
_________________________
5. Subs. by U.P. Act No. 41 of 1976.
6. Subs. by U.P. Act No. 12 of 1994.
8[(1) A President of a municipality wishing to resign may forward his written resignation through the District Magistrate to the State Government.]
(2) On receipt by the 9[Municipality] of information that the resignation has been accepted by the State Government 10[* * *], such 11[President] shall be deemed to have vacated his office.
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Omitted by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No.7 of 1949.
12[* * *]
_________________________
12. Omitted by U.P. Act No. 22 of 2001 (w.e.f. 5.10.2001).
13[UTTARAKHAND] AMENDMENT
_________________________
13. The word "Uttaranchal" subs. by Act No. 52 of 2006.
14[Section 47-A of the Principal Act shall be omitted.]
_________________________
14. Omitted by Uttaranchal Act No. 11 of 2005.
(1) 15[* * *]
_________________________
15. Omitted by U.P. Act No.7 of 1949.
(2) Where the State Government has, at any time, reason to believe that,-
(a) there has been a failure on the part of the President in performing his duties; or
(b) the President has-
(i) incurred any of the disqualifications mentioned in Sections 12-D and 43-AA; or
(ii) within the meaning of Section 82 knowingly acquired or continued to have, directly or indirectly or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with by or on behalf of the 1[Municipality]; or
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
(iii) knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of subsection (2) of Section 32, in which he has, directly or indirectly, or by a partner, any share or interest whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person;
or
(iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the, 2[Municipality] or against the State Government in respect of nazul land entrusted to the management of the 3[Municipality] or against the State Government in respect of nazul land entrusted to the management of the 4[Municipality], or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the 5[Municipality]; or
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(v) abandoned his ordinary place of residence in the municipal area concerned; or
(vi) been guilty of misconduct in the discharge of his duties;
or
6[(vii) during the current or the last preceding term of the 7[Municipality], acting as President or 8[* * *], or as Chairman of a Committee, or as member or in any other capacity whatsoever, whether before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976, so flagrantly abused his position, or so wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss of damage to fund or property of the 9[Municipality] as to render him unfit to continue to be President; or
_________________________
6. Subs. by of U.P. Act No. 41 of 1976.
7. Subs. by U.P. Act No. 12 of 1994.
8. Omitted by U.P. Act No. 49 of 2007.
9. Subs. by U.P. Act No. 12 of 1994.
(viii) been guilty of any other misconduct whether committed before or after the commencement of the Uttar Pradesh Urban Local Self-Government Laws (Amendment) Act, 1976 whether as President or as 1[* * *], exercising the powers of President, or as 2[* * *], or as member;] or
_________________________
1. Omitted by U.P. Act No. 49 of 2007.
2. Omitted by U.P. Act No. 49 of 2007.
3[(ix) caused loss or damage to any property of the municipality;
_________________________
3. Ins. by U.P. Act No. 22 of 2001, Sec. 3(a) (w.e.f. 5.10.2001).
or
(x) misappropriated or misused of Municipal found; or
(xi) acted against the interest of the municipality; or
(xii) contravened the provisions of this Act or the rules made thereunder; or
(xiii) created an obstacle in a meeting of the municipality in such manner that it becomes impossible for the municipality to conduct its business in the meeting or instigated someone to do so; or
(xiv) wilfully contravened any order or direction of the State Government given under this Act; or
(xv) misbehaved without any lawful justification with the officers or employees of the municipality; or
(xvi) disposed of any property belonging to the municipality at a price less than its market value; or
(xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the municipality;]
it may call upon him to show cause within the time to be specified in the notice why he should not be removed from office.
4[Provided that where the State Government has reason to believe that the allegations do not appear to be groundless and the President is prima facie guilty on any of the grounds of this sub-section resulting in the issuance of the show-cause notice and proceedings under this sub-section he shall, from the date of issuance of the show-cause notice containing charges, cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President until he is exonerated of the charges mentioned in the show-cause notice issued to him under this sub-section and finalization of the proceedings under sub-section (2-A) and the said powers, functions and duties of the President during the period of such ceasing, shall be exercised, performed and discharged by the District Magistrate or an officer nominated by him not below the rank of Deputy Collector].
_________________________
4. Ins. by U.P. Act No.2 of 2005 (w.e.f. 27.02.2004).
Validation.-Anything done or any action taken under the principal Act as amended by the Uttar Pradesh Municipalities (Amendment) Act, 2004 shall be deemed to have been done or taken under this Act as if this Act were in force at all material times. (Vide U.P. Act No.2 of 2005).
(2-A) 1[* * *]
_________________________
1. Omitted by U.P. Act No.2 of 2005. Sub-section (2-A) (as ins. by U.P. Act No.6 of 2004). Prior to omission, it stood as under:
"(2-A) Where in an inquiry held by such person and in such manner as may be prescribed, if a President or a [* * *] is prima facie found to be guilty on any of the grounds referred to in sub-section (2), he shall cease to exercise, perform and discharge the financial and administrative powers, functions and duties of the President or the Vice-President, as the case may be, which shall, until he is exonerated of the charges mentioned in the show cause notice issued to him under sub-section (2), be exercised and performed by the District Magistrate or by an officer nominated by him not below the rank of the Deputy Collector."
2[* * *]
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2. Proviso omitted by Sec. 3(b) of U.P. Act No. 22 of 2001 (w.e.f. 5.10.2001).
3[(2-B) An order passed by the State Government under sub-section (2-A) shall be final and shall not be questioned in any Court.]
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3. Added by U.P. Act 26 of 1964.
(3) 4[* * *]
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4. Omitted by U.P. Act No. 12 of 1994.
5[(4) A President removed under sub-section (2-A) shall also cease to be a member of the 6[Municipality] and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (VI), (vii) or (viii) of clause (b) of sub-section (2) shall not be eligible for re-election as President or member for a period of five years from the date of his removal.]
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5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
7[UTTARAKHAND] AMENDMENT
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7. The word "Uttaranchal" subs. by Act No. 52 of 2006.
8[In Section 48 of the principal Act, in sub-section (2), in clause (b) after sub-clause (viii), the following sub-clauses shall be inserted namely:
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8. Ins. by Uttaranchal Act No. 11 of 2005.
(ix) caused loss or damage to any property of the Municipality; or
(x) misappropriated or misused the Municipal fund; or
(xi) acted against the interest of the Municipality; or
(xii) contravened the provisions of this Act or the rules made thereunder; or
(xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated someone to do so; or
(xiv) wilfully contravened any order or direction of the State Government given under this Act; or
(xv) misbehaved without any lawful justification with the officers or employees of the Municipality; or
(xvi) disposed of any property belonging to the Municipality for a price less than its market value; or
(xvii) encroached, or assisted or instigated any other person to encroach upon the land building or any other immovable property of the Municipality.]
9[In sub-section (2-A) the proviso shall be omitted.]
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9. Omitted by Uttaranchal Act No. 11 of 2005.
The President of a municipality shall be ex officio member of the municipality.]
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3. Subs. by U.P. Act No. 12 of 1994.
The following powers, duties and functions of a 5[Municipality] may be exercised, and shall be performed or discharged, by the 6[President] of the 7[Municipality] and 8[subject to the provisions of Sections 53 and 53-A] not otherwise, namely,-
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by U.P. Act No. 12 of 1994.
8. Ins. by U.P. Act No. 26 of 1964.
(a) the powers vested in the 9[President] by Sections 70, 10[74 and the provisos to Sections] 75 and 76 to appoint, punish or dismiss servants of the 11[Municipality];
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9. Subs. by U.P. Act No.7 of 1949.
10. Ins. by U.P. Act No. 17 of 1934.
11. Subs. by U.P. Act No. 12 of 1994.
(b) the determination, in accordance with any regulation in this behalf, of questions arising in respect of the service, 12[transfer], leave, pay, privileges and allowances of servants of the 13[Municipality];
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12. Ins. by U.P. Act No.7 of 1949.
13. Subs. by U.P. Act No. 12 of 1994.
14[(bb) general supervision over all officers and works of the 15[Municipality];
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14. Added by U.P. Act No.7 of 1949.
15. Subs. by U.P. Act No. 12 of 1994.
(c) the submission to the 16[Prescribed Authority] under Section 32 of statements, accounts, reports, or copies of documents, and under sub-sections (4) and (5) of Section 94 and sub-section (1) of Section 108 of copies of resolution, passed by the 1[Municipality] or by a committee of the 2[Municipality];
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16. Subs. by U.P. Act No.7 of 1949.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(d) such of the powers, duties and functions referred to in the third column of Schedule 1 as are delegated by the 3[Municipality] under Section 112 to the 4[President]; and
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No.7 of 1949.
(e) all other duties, powers and functions of a 5[Municipality] with the exception of,-
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5. Subs. by U.P. Act No. 12 of 1994.
(i) where there is an executive officer, those vested in an executive officer by Section 60 6[and where there is a medical officer of health, those vested in the medical officer of health by Section 60-A].
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6. Added by U.P. Act No.5 of 1932.
(ii) those specified in the second column of Schedule 1; and
(iii) those delegated by the 7[Municipality] under Section 112.
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7. Subs. by U.P. Act No. 12 of 1994.
It shall also be the duty 10[and power] of the President-
11[(a) unless provided otherwise by this Act or prevented by reasonable cause-
(i) to convene and preside at all meetings of the 12[Municipality];
(ii) 13[* * *]
(iii) otherwise to control in accordance with any regulation made in this behalf the transaction of business at all meetings of the 14[Municipality];]
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10. Ins. by U.P. Act No.7 of 1949.
11. Ins. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
13. Omitted by U.P. Act No. 13 of 1942.
14. Subs. by U.P. Act No. 12 of 1994.
(b) to watch over the financial and superintend the executive administration of the 1[Municipality] and bring to the notice of the 2[Municipality] any defect therein; and
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(c) to perform such other duties as are required of, or imposed on him by or under this 3[or any other] Act.
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3. Ins. by U.P. Act No.7 of 1949.
A President may address the State Government or any Department of the State Government on any question of general public interest in the manner prescribed.]
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4. Ins. by U.P. Act No.7 of 1949.
(1) The 6[Municipality] may require the 7[President] to furnish it with,-
(a) any return, statement, estimate, statistics or other information regarding any matter appertaining to the administration of the municipality;
(b) a report or explanation on any such matter; and
(c) a copy of any record, correspondence or plan or other document which is in his possession or control as 8[President] or which is recorded or filed in his office or in the office of any municipal servant.
(2) The 9[President] shall comply with every requisition made under sub-section (1) without unreasonable delay.
(3) Nothing in this section or in any other provision of this Act shall be deemed to prevent the 10[Municipality] from making regulations authorizing the asking of questions by members at its meetings, subject to such conditions and restrictions as may be prescribed in the regulations.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No.7 of 1949.
9. Subs. by U.P. Act No.7 of 1949.
10. Subs. by U.P. Act No. 12 of 1994.
11[* * *]
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11. Section 53 omitted by U.P. Act No. 49 of 2007. Prior to omission it stood as under:
"53. Delegation by President of his powers and duties to the Vice-President.-(1) A President may empower, by general or special order the Vice- President to exercise under his control anyone or more of his powers, duties or functions except those specified in clauses (a) and (b) of Section 51.
(2) An order by the President under sub-section (1) may prescribe any condition, and impose any restrictions, in respect of the exercise of any powers, the performance of any duty or the discharge of any function.
(3) In particular, such order may prescribe the condition that any order by the Vice-President in the exercise of a power conferred on him by sub-section (1) shall be liable to rescission or revision by the President upon appeal to the President within a specified time."
(1) A President may empower by general or special order any servant of the 1[Municipality] to exercise under his control anyone or more of the powers specified in clause (a) of Section 50.
(2) An order of the 2[President] under sub-section (1) may prescribe any condition, and impose any restriction in respect of the exercise of any power.
(3) Any order passed by a servant of the 3[Municipality] in the exercise of a power conferred on him under sub-section (1) shall be liable to rescission or revision by the 4[President].
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No.7 of 1949.
5[* * *]
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5. Section 54 omitted by U.P. Act No. 49 of 2007. Prior to omission, it stood as under;
'54. Election, term of office and resignation of Vice-President.-(1) Every municipality shall have a Vice-President elected, as occasion arises, from amongst its elected members by the electorates consisting of President, elected members, ex officio members and nominated members of the municipality and the voting at such election shall be by secret ballot.
(1-a) A person securing the highest number of votes in an election under sub-section (1) shall be declared elected and in the case of equality of votes, the returning officer shall decide by lot and declare the person elected on whom the lot falls.
(2) The term of office of the Vice-President of any description shall be one year from the date of his election or the residue of his term of office as a member of the municipality, whichever is less.
(3) The Vice-President wishing to resign may intimate in writing his intention to do so to the President and on his resignation being accepted by the Municipality, he shall be deemed to have vacated his office.
(4) The election of the Vice-President under sub-sections (1), (2) and (3) shall be completed within three months from the date of the due constitution of the Municipality, as notified under Section 56 or from the date of occurrence of the vacancy, as the case may be."
6[UTTARAKHAND] AMENDMENT
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6. The word "Uttaranchal" subs. by Act No. 52 of 2006.
Sub-section (2) shall be substituted as under :
7[(2) The tem of office of a Vice-Chairman shall be two years and six months from the date of his election or the residue of his tem as a member, whichever is less.
(3) The provisions of aforesaid sub-section (2) shall also apply to the Vice-Chairman, who is declared elected in the last election.]
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7. Subs. by Uttaranchal Act No. 11 of 2005.
Where a person on being elected President fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of Section 44-A, the powers and functions of the President shall, until a President is able to function be exercised and performed by the District Magistrate or by a Gazetted Officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such Officer shall be called the Administrator, and all powers, functions and duties of the President shall be vested in and be exercised, performed and discharged by him.]
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8. Subs. by U.P. Act No. 49 of 2007. Prior to substitution, it stood as under:
"54-A. Provision for exercise of powers etc., of President in certain contingencies.-Where a person on being elected President fails or refuses to function, or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of Section 44-A, and no Vice-President has been elected in accordance with this Act, or there is no Vice-President otherwise able to function, the powers and functions of the President shall, until a President or Vice-President is able to function, be exercised and performed by the District Magistrate or by gazetted officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf, and such officer shall be called the Administrator, and all powers, functions and duties of the President shall be vested in and be exercised, performed and discharged by him.
(2) to (9) * * *".
1[* * *]
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1. Section 55 omitted by U.P. Act No. 49 of 2007. Prior to omission, it stood as under:
"55. Duties of Vice-President.-(1) The Vice-President-(a) shall in the absence of the President from a meeting of the Municipality and unless prevented by reasonable cause, preside, regulate the conduct of business. and maintain and enforce order, at the meeting, and when so presiding may exercise the powers specified in Section 91; (b) shall, during a vacancy in the office of President or in the capacity of temporary absence of the President perform any other duty and, when occasion arises, exercise any other power of the President; (c) shall at any time perform any duty and exercise when occasion arises, any power delegated to him by the President under Section 53.
(2) * * *
(3) The provisions of Section 48 shall apply mutatis mutandis to the Vice-President in respect of the performance of any duty or exercise of any powers under this section."
Every election and nomination of a member or President of a 3[Municipality], the due constitution of the 4[Municipality], and every vacancy in the office of members or 5[President] shall be notified in the Official Gazette.]
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2. Subs. by U.P. Act No.1 of 1955.
3. Suns. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No.7 of 1949.
8[(1) Every 9[Municipality] shall, unless the State Government either on its own motion or on representation made by the 10[Municipality], otherwise directs, appoint an Executive Officer by a special resolution.]
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6. Subs. by U.P. Act No. 5 of 1932.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No.7 of 1949.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
Provided that in every case in which such 11[Municipality] has at the time of the passing of the Act a Secretary but no Executive Officer, the Secretary shall be deemed to be the Executive Officer, until or unless he is duly replaced.
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11. Subs. by U.P. Act No. 12 of 1994.
(2) Every 12[Municipality] with an income of Rs. 50,000 per annum or over, shall, unless the State Government otherwise directs, employ a Medical Officer of Health who belongs to the 13[Uttar Pradesh Provincial Medical and Health Service], and an Accountant who belongs to the State Accounts Service, on such terms and conditions as may be prescribed by the State Government :
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12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
1[Provided that if the State Government expresses its inability to make available the services of a Medical Officer of Health belonging to the 2[Uttar Pradesh Provincial Medical and Health Service], the 3[Municipality] may appoint a temporary Medical Officer of Health by a special resolution.]
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1. Added by U. P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
(2-A) Every 4[Municipality] shall, if so required by the State Government, employ in addition to or in place of the Accountant, an Accounts Officer nominated by the State Government either severally or jointly with one or more than one 5[Municipality] or any other local authority on the terms and conditions as may be prescribed by the State Government, from time to time.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6[(3) Every appointment of an Executive Officer under sub-section (1) and of a Medical Officer of Health under the provisio to sub-section (2) made by a 7[Municipality] shall be subject to the prior approval of the State Government and their salaries and conditions of service shall be such as may be prescribed.]
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6. Subs. by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No. 12 of 1994.
(1) A 9[Municipality] may dismiss, remove or otherwise punish its Executive Officer by a special resolution supported by not less than two thirds of the members constituting the 10[Municipality] subject to his right of appeal to the State Government, within such time and in such manner as may be prescribed :
Provided that the 11[Municipality] shall, in dismissing, removing or otherwise, punishing the Executive Officer, follow the procedure that may be prescribed in this behalf.]
(2) 12[* * *]
(3) If a 13[Municipality] by special resolution recommend the transfer of its Medical Officer of Health 14[other than one appointed under the proviso to sub-section (2) of Section 57] or its Accountant, the State Government shall transfer the Medical Officer of Health or the Accountant as the case may be from the 15[Municipality's] employment provided the 16[Municipality] gives sufficient reasons therefor.
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8. Subs. by U.P. Act No. 26 of 1964.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Omitted by U.P. Act No. 26 of 1964.
13. Subs. by U.P. Act No. 12 of 1994.
14. Ins. by U.P. Act No. 26 of 1964.
15. Subs. by U.P. Act No. 12 of 1994.
16. Subs. by U.P. Act No. 12 of 1994.
17[(1) During the absence on leave, or other temporary vacancy in the office of an Executive Officer, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as Executive Officer and if the period exceeds two months an appointment shall be made by the 1[Municipality] in accordance with the provisions of Section 57 :
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17. Subs. by U.P. Act No. 26 of 1964.
1. Subs. by U.P. Act No. 12 of 1994.
Provided that when the period of vacancy which initially did not exceed, two months, is subsequently extended due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.]
(2) Every person so appointed may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactments on the person for whom he is appointed to act.
2[(3) The salaries and conditions of service appertaining to such appointments shall be such as may be prescribed, and the provisions of Section 58, with such modifications as may be prescribed, shall apply to persons so appointed.]
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2. Subs. by U.P. Act No. 26 of 1964.
(1) In any municipality where there is an Executive Officer appointed under Sections 57, 59 or 65 the following powers of the 4[Municipality] shall be exercised by such officer, and subject to the provisions of Section 62 not otherwise, namely,-
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(a) the power to grant and issue under his signature, or to refuse, any licence which can be granted by a 5[Municipality], other than a licence for market, slaughter house or hackney carriage;
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5. Subs. by U.P. Act No. 12 of 1994.
(b) the power to suspend or withdraw any such licence;
(c) the power to receive, recover, and credit to the municipal fund any sum due or tendered to the 6[Municipality];
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6. Subs. by U.P. Act No. 12 of 1994.
(d) the powers conferred by the section or sub-sections specified in the first column of Schedule II 7[or where such sections or subsections are followed by the words 'in part' by such parts thereof as are indicated by the description in Column 2 of the said Schedule] and the power to do all things necessary for the exercise of these powers;
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7. Ins. by U.P. Act No.2 of 1919.
(e) in respect of servants of the 8[Municipality], the powers vested in the Executive Officer by Sections 75 and 76, and the power to grant leave of absence to the holder of any post to which he has power to appoint;
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8. Subs. by U.P. Act No. 12 of 1994.
(f) any other power that has been delegated by the 9[Municipality] to the Executive Officer.
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9. Subs. by U.P. Act No. 12 of 1994.
1[(2)] 2[* * *] 3[All] servants of the 4[Municipality] shall be subordinate to Executive Officer.
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1. Re-numbered by U.P. Act No.2 of 1919.
2. Omitted by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 26 of 1994.
4. Subs. by U.P. Act No. 12 of 1964.
Notwithstanding anything contained in Section 60, the State Government may, by notification in the Official Gazette direct that in. any municipality, the Medical Officer of Heath 7[subject to the general control] of the Executive Officer shall exercise the following powers; provided that in case of disagreement between these officers the question shall be referred to the President, whose decision shall be final,-
(a) the power to grant and issue under his signature every permit or licence, other than a permit or licence for a market or slaughter-house, which can be granted by a 8[Municipality] in respect of bye-laws framed under Parts B, D, F, G and I of List I and Part I of List II of Section 298;
(b) the power to suspend or withdraw any such permit or licence;
(c) the powers conferred on the Executive Officer under Section 60 (1)(d) in respect of Sections 191 (1) and (2), 192 (1), 196 (c) and (d), 201 (1), 202 (1), 225 (1) and (2), 227, 244 (1) and (2), 245 (1), 249, 250 (2), 267, 268, 269, 270, 271, 273 (1)(a), 276, 277, 278, 280, 283, 294 and also in respect of 307 so far as the notice referred to therein relates to the other sections specified in this clause;
(d) in respect of servants of the 9[Municipalities] employed for conservancy, public health, vaccination, and the registration or births and deaths the powers vested in the Executive Officer by Sections 75 (a) and 76 (a) and the power to grant leave of absence to the holder of any post to which he has power to appoint.]
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6. Ins. by U.P. Act No.5 of 1932.
7. Subs. by U.P. Act No. 7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
The State Government may, by notification in the Official Gazette, direct that in any municipality the principal officers of the Electrical, Public Works, 1[* * *] and Water Works Departments 2[and of Municipal Museum] shall exercise, with reference to their departments 3[or Museum], powers under clause (e) of sub-section (1) of Section 60, and anything done in exercise of the powers conferred under the provisions of this section shall be deemed to be thing done and power exercised by the Executive Officer].
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10. Ins. by U.P. Act No.7 of 1949.
11. Omitted by U.P. Act No.7 of 1953.
1. Omitted by U.P. Act No. 7 of 1953
2. Ins. by U.P. Act No. 26 of 1964.
3. Ins. by U.P. Act No. 26 of 1964.
(1) No appeal shall lie to the 4[Municipality] from order passed by an Executive Officer 5[or Medical Officer of Health] in the exercise of the powers conferred upon him by Section 60 6[or Section 60-A] unless,-
(a) the order is an order against which an entry is shown in the third column of Schedule II, such entry not being avoided by regulation made under clause (e) of sub-section (1) of Section 297 and in force; or
(b) the order is an order passed in respect of a licence and provision is made for appeal therefrom by any bye-law.
(2) Where an appeal lies it shall be filed within ten days of the communication of the order or of date on which the order is, under the provisions of this Act, deemed to have been communicated.
(3) When an appeal is filed within such period, the order shall remain suspended until the appeal is decided.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Added by U.P. Act No.5 of 1932.
6. Added by U.P. Act No.5 of 1932.
7[(1) With the sanction of the President an Executive Officer, or a Medical Officer of Health may empower, by general or special order, any servant of 8[Municipality] to exercise, under his control, any power, other than a power delegated to him under clause (f) of sub-section (1) of Section 60 conferred on him by or under this Act.]
(2) An order by the Executive Officer 9[Medical Officer of Health] under sub-section (1) may prescribe any condition and impose any restriction in respect of the exercise of any power.
(3) Any order passed by a servant of the 10[Municipality] in the exercise of a power conferred on him under sub-section (1) shall be liable to rescission or revision by the Executive Officer 11[or Medical Officer of Health] 12[as the case may be].
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7. Subs. by U.P. Act No. 26 of 1964.
8. Subs. by U.P. Act No. 12 of 1994.
9. Added by U.P. Act No.5 of 1932.
10. Subs. by U.P. Act No. 12 of 1994.
11. Added by U.P. Act No.5 of 1932.
12. Ins. by U.P. Act No. 26 of 1964.
(1) 2[President or the], 3[Municipality], or any committee of the 4[Municipality], may require from the Executive Officer 5[or Medical Officer of Health],-
(a) any return, statement, estimate, statistics or other information regarding any matter appertaining to 6[that branch of the administration of the municipality with which he is concerned];
(b) a report or explanation on any such matter; and
(c) a copy of any record, correspondence or plan or other document which is in his possession or under his control as Executive Officer 7[or Medical Officer of Health] or which is recorded or filed in his office or in the office of any servant subordinate to him.
(2) The Executive officer 8[or Medical Officer of Health] shall comply with every requisition made under sub-section (1) without unreasonable delay.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Ins. by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Ins. by U.P. Act No.5 of 1932.
6. Ins. by U.P. Act No.5 of 1932.
7. Ins. by U.P. Act No.5 of 1932.
8. Ins. by U.P. Act No.5 of 1932.
The Executive Officer, 9[Accounts Officer] 10[or Medical Officer of Health] may, within the permission of the 11[President], or in virtue of a resolution passed in this behalf at a meeting of the 12[Municipality] or of a committee, make an explanation in regard to a subject under discussion, but shall not vote upon or make a proposition at such meeting.
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9. Ins. by U.P. Act No.7 of 1953.
10. Ins. by U.P. Act No.5 of 1932.
11. Subs. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
If a 14[Municipality] being bound to make an appointment under the provisions of Section 57 or Section 59, fails to make an appointment 15[* * *] within such time as the State Government considers reasonable, the State Government may itself make the appointment and may fix the salary, contributions to provident fund or pension and other conditions appertaining to such appointment :
Provided that if the State Government has made an appointment in exercise of the powers conferred by this section, the 16lMunicipality] shall not be bound to pay a sum exceeding a monthly average of Rs. 1,000 in the case of municipalities with an income of three lakhs or over or of Rs. 500 in the case of other municipalities on account of the salary, leave, allowances and contributions of the person so appointed.]
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13. Subs. by U.P. Act No. 5 of 1932.
14. Subs. by U.P. Act No. 12 of 1994.
15. Omitted by U.P. Act No. 26 of 1964.
16. Subs. by U.P. Act No. 12 of 1994.
(1) Every 1[* * *] municipality where there is no Executive Officer shall, by special resolution appoint one or more Secretaries.
2[(2) Each such appointment shall be subject to prior approval of the Prescribed Authority and the salaries and other conditions of service of the person so appointed shall be such as may be prescribed.]
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1. The words "board of a", omitted by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 26 of 1964.
(1) During the absence on leave, or other temporary vacancy in the office of a Secretary appointed under Section 66, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as Secretary, and if the period exceeds two months an appointment shall be made by the 4[Municipality] in accordance with the provisions of Section 66.
(2) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances the appointment made by the President may continue subject to the approval of the State Government.
(3) Every person so appointed may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactment on the person for whom he is appointed to act.
(4) The salary and other conditions of service of a person appointed under sub-section (1) shall be such as may be prescribed.]
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3. Ins. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
A 6[Municipality] may dismiss, remove or otherwise punish any Secretary appointed under Section 66 or Section 66-A, by special resolution supported by not less than two thirds of the members constituting the 7[Municipality], subject to his right of appeal to such authority, within such time and in such manner, as may be prescribed:
Provided that the 8[Municipality] shall in dismissing, removing or otherwise punishing the Secretary, follow the procedure that may be prescribed in this behalf.]
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5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) A 10[Municipality] may, and if so required by the State Government, shall by special resolution, appoint the principal officers of its technical departments such as Civil Engineer, Assistant Civil Engineer, Electrical Engineer, Assistant Electrical Engineer, Water Works Engineer, Assistant Water Works Engineer, Electrical and Water Words Engineer, Assistant Electrical and Water Works Engineer or Overseer and also Secretary where there is already an Executive Officer and Superintendent or Lady-Superintendent of Education.
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9. Subs. by U.P. Act No. 26 of 1964.
10. Subs. by U.P. Act No. 12 of 1994.
(2) During the absence on leave, or other temporary vacancy in the office of any of the officers mentioned in sub-section (1), if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act in such office; if the period exceeds two months an appointment shall be made by the 1[Municipality] in accordance with the provisions of sub-section (1).
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1. Subs. by U.P. Act No. 12 of 1994.
(3) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.
(4) Every person appointed under sub-section (2) may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactment on the person for which he is appointed to act.
(5) Each appointment made under sub-section (1) or the second part of sub-section (2) shall be subject to the prior approval of the State Government.
(6) The salary and other conditions of service of a person appointed under this section shall be such as may be prescribed.]
On the occurrence of war, famine, scarcity, epidemic disease of men, or beasts, flood, or any similar emergency, and to provide for fairs, melas or other occasion, involving large gathering of people, the 3[Municipality] shall immediately comply with any requisition made by the State Government or by an officer of the Government authorised by general or special order to make the requisition, for the services of any of the 4[Municipality's] officers or officials holding posts in its medical, public health, sanitary, vaccination, veterinary, 5[electrical, water-works] or Public Works Departments for the services of any vaidya or hakim employed by the 6[Municipality], and shall meet such proportion of the charge connected with the requisitioning as the State Government may decide to be a proper charge on the 7[Municipality].
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Ins. by U.P. Act No.7 of 1949.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8[68-B. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force and without prejudice to the generality of the powers conferred by this Act or the rules made thereunder the Executive Officer of concerned Municipality, may at any time by general or special order direct any regular, ad hoc or contractual employee of the Municipality, who goes or remains on or otherwise takes part in any strike which has been prohibited by an order under sub-section (1) of Section 3 of the Uttar Pradesh Essential Services Maintenance Act, 1966 to resume duty by the day or hour and in the manner specified in the order.
(2) Notwithstanding anything to the contrary contained in any other provisions of this Act or the rules made thereunder,-
(a) the employment or contract of a regular, ad hoc or contractual employee or the Municipality shall become void with effect from the day or hour specified in the order referred to in sub-section (1) if the employee fails to resume duty in response to the said order;
(b) where the employment or contract of a regular, ad hoc or contractual employee becomes void under clause (a), the services of such employee shall stand terminated and such employee shall not be entitled to any notice before the termination of his services and no disciplinary enquiry shall be required before such action.
(3) In particular and without prejudice to the generality of the foregoing provisions of this section, the Municipality shall not be liable for payment of salary of any such employee beyond the day or hour specified in the order referred to in sub-section (1).
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8. Ins. by U.P. Act No. 38 of 2006.
The Executive Officer of concerned Municipality shall, notwithstanding anything to the contrary contained in any other provisions of this Act or the rules or regulations made thereunder be competent to appoint on temporary basis any person possessing the requisite qualifications for discharging the duties of the post of the employee referred to in Section 68-B.]
1[(1) A 2[Municipality] may, by special resolution, dismiss, remove or otherwise punish any officer appointed under Section 68 or the proviso to subsection (2) of Section 57, subject to the conditions provided in Section 58 in respect of the dismissal, removal or other punishment of an Executive Officer.]
(2) 3[* * *]
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1. Subs. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
3. Omitted by U .P. Act No. 26 of 1964.
(1) If the President has reason to believe that the Executive Officer or the Secretary or any of the other officers of the 5[Municipality] appointed under Section 68 6[or the proviso to sub-section (2) of Section 57] is corrupt or has persistently failed in the discharge of the duties or is otherwise guilty of misconduct, he may frame charges against him and where he is satisfied that it is so necessary, he may, for reasons to be recorded, suspend him pending the completion of the enquiry 7[and the passing of the final order by the Prescribed Authority or the 8[Municipality], as the case may be, under sub-section (4)].
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4. Ins. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No. 12 of 1994.
6. Ins. by U.P. Act No. 26 of 1964.
7. Ins. by U.P. Act No. 26 of 1964.
8. Subs. by U.P. Act No. 12 of 1994.
9[(2) Whenever the President takes action under sub-section (1), he shall within a week inform the Prescribed Authority and also forward to it a copy of the charges, and in case an order of suspension has been passed, the President shall also forward to the Prescribed Authority the material forming the basis of the charges.]
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9. Subs. by U.P. Act No. 26 of 1964.
1[(2-A) The order of the suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority.]
_________________________
1. Ins. by U.P. Act No. 26 of 1964.
(3) The enquiry under sub-section (1) shall be carried on in such manner as may be prescribed by rules.
2[(4) After the enquiry is completed, the President shall submit the record with his recommendations to the Prescribed Authority or to the 3[Municipality], as he may consider fit. The Prescribed Authority or the 4[Municipality], as the case may be, shall thereupon, notwithstanding anything contained in sub-section (1) of Section 58 or Section 67 or Section 69, proceed to consider the report and may, after such further enquiry as it may deem necessary, dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other officer, as the case may be :
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2. Sub. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
Provided that the 5[Municipality] shall act under this sub-section through a special resolution supported by not less than two thirds of the members constituting the 6[Municipality].
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(5) An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the Prescribed Authority or the 7[Municipality], shall lie to the State Government within such time and in such manner as may be prescribed.
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7. Subs. by U.P. Act No. 12 of 1994.
9[(1) Notwithstanding anything contained in Sections 57, 59, 65 to 68, 69, 69-A, 71, 74, 79 and 80, the State Government may at any time, by rules provided for the creation of one or more services of such officers and servants as the State Government may deem fit, common to all or some 10[Nagar Panchayats or Municipal Councils or to the Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the State] and prescribe the methods of recruitment and conditions of service of persons appointed to any such service.]
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8. Subs. by U.P. Act No. 29 of 1966.
9. Subs. by U.P. Act No.5 of 1984.
10. Subs. by U.P. Act No. 12 of 1994.
(2) When any such service is created, officers and servants serving on the posts included in the service may, if found suitable, be absorbed in the service, provisionally or finally and the services of others shall stand determined, in the prescribed manner :
11[Provided that such absorption in the service shall not operate as a bar against holding or continuing to hold any disciplinary proceedings against a member of the service in respect of act committed before the date of such absorption.]
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11. Ins. by U.P. Act No. 15 of 1983.
(3) Without prejudice to the generality of the provisions of sub-sections (1) and (2), such rules may also provide for consultation with the State Public Service Commission in respect of any of the matters referred to in the said sub-sections.]
1[(4) Notwithstanding anything contained in the preceding sub-sections (1), (2) and (3) or any other provision of the Act, the State Government may by rules also provide for regularisation of temporary and ad hoc appointments made before the prescribed date, without consultation with the State Public Service Commission.]
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1. Ins. by U.P. Act No. 15 of 1983.
2[Explanation.-For the purposes of this sub-section it is clarified that services common to the Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporation and Jal Sansthans in the districts of Garhwal and Kumaon Divisions of the State may be created.]
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2. Ins. by U.P. Act No. 12 of 1994.
The power to appoint and fix the salaries of temporary servants in cases of emergency shall vest in the 4[President] subject to the following conditions, namely,-
5[(a) the President, in exercise of such powers, shall not act in contravention of-
(i) any general or special directions as the State Government may, from time to issue;
(ii) an order of the 6[Municipality] prohibiting the employment of temporary servants for any particular work; and]
(b) each appointment under this section by the 7[President] shall be reported at the next meeting of the 8[Municipality] following the appointment.
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4. Subs. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No. 15 of 1983.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
Except as provided by Sections 57, 66, 58 and 70, 3[and subject to any general or special directions as the state Government may, from time to time, issue] a 4[Municipality] may, by 5[special], resolution, determine what servants are required for the discharge of the duties of the 6[Municipality] and 7[their qualifications and conditions of service.]
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1. Subs. by U.P. Act No.5 of 1932.
2. Subs. by U.P. Act No. 12 of 1994.
3. Ins. by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 12 of 1994.
5. Ins. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 26 of 1964.
Subject to the provisions of this Act or of any rule a 9[Municipality], 10[President or Executive Officer, as the case may be,] may appointed one person to discharge the duties of any two or more officers.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Ins. by U.P. Act No. 26 of 1964.
11[(1) Subject to the provisions of sub-section (2), the appointment of persons on the educational establishment of a 12[Municipality] shall be made by 13[such] authority as may be specified in this behalf by the State Government, and different authorities may be specified for different classes of posts on the establishment.
(2) The State Government may make rules regulating the recruitment, punishment, 14[* * *] appeal and other conditions of service of persons appointed to the educational establishment of a 15[Municipality];]
16[Provided that the appointment of a teacher or Head of an institution shall be governed by the provisions of the Uttar Pradesh State Universities Act, 1973, or the Intermediate Education Act, 1921, as the case may be.]
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11. Subs. by U.P. Act No.7 of 1953.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 26 of 1964.
14. Omitted by U.P. Act No. 26 of 1964.
15. Subs. by U.P. Act No. 12 of 1994.
16. Ins. by U.P. Act No. 10 of 1978.
Subject to the provisions of Sections 57 to 73, servants on posts in the non-centralised service, carrying scale of pay equal to or higher than the lowest scale of pay admissible to the clerical staff, shall be appointed and may be dismissed, removed or otherwise punished, or the services of a probationer may be terminated, by the President, subject to the right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed:
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17. Subs. by U.P. Act No. 15 of 1983.
Provided that appointments on the posts of Tax Superintendent, Assistant Tax Superintendents, Inspectors, Head Clerks, Sectional Head Clerks, Sectional Accountants, Doctors, Vaids, Hakims and Municipal Fire Station Officers, shall be subject to the approval of the 1[Municipality].]
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1. Subs. by U.P. Act No. 12 of 1994.
Except as otherwise provided, the Executive Officer shall appoint servants carrying scales of pay lower than the lowest scale of pay referred to in Section 74 :
Provided that in the case there is no Executive Officer, the said appointment shall be made by the President.]
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2. Subs. by U.P. Act No. 15 of 1983.
Except as otherwise provided, the Executive Officer, and where there is no Executive Officer, the President may dismiss, remove or otherwise punish servants of the 4[Municipality], or terminate the services of probationers, 5[referred to in Section 75], subject to their right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed.]
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3. Subs. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 15 of 1983.
(1) The provisions of Sections 71, 73, 74, 75 and 76, shall be subject to the provisions of,-
(a) Section 78, and
(b) any rule, in particular of any rule imposing any conditions on the appointment of persons to offices, or any particular office, requiring professional skill, and on the suspension or dismissal 6[removal or other punishment or discharge or termination of service] of persons so appointed.
(2) The provisions of Sections 74, 75 and 76 shall also be subject to the provisions of any regulation raising any maximum or minimum monthly salary prescribed in those sections with reference to the respect powers of the 7[Municipality], the 8[President] and the Executive Officer over the staff.
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6. Ins. by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No.7 of 1949.
The Appellate Authority to which an appeal against an order of dismissal, removal or other punishment is preferred under this Act or the rules may,-
(a) set aside, reduce or confirm the penalty; or
(b) remit the case to the authority which imposed the penalty with such directions as it may deem fit.]
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9. Ins. by U.P. Act No. 26 of 1964.
(1) The authority competent to punish an officer or servant of the 2[Municipality] may place him under suspension,-
(a) where a disciplinary proceeding against him is contemplated or pending; or
(b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial.
(2) Where a penalty of dismissal or removal imposed upon an officer or servant of 3[Municipality] is set aside in appeal under this Act or the rules and the case is remitted for further inquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order of dismissal or removal.
(3) Where a penalty of dismissal or removal imposed upon an officer or servant of the 4[Municipality] is set aside or declared or rendered void in consequence of or by a decision of a Court of law, and the punishing authority, on a consideration of the circumstances of the case decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal.
(4) An order of suspension made or deemed to have been made under this section may at any time to be revoked by the authority which made or is deemed to have made the order or by the Appellate Authority.
(5) 5[Municipality] the act under this section, by a special resolution supported by not less than two-thirds of the members constituting the 6[Municipality].
(6) An officer or servant who is placed or is deemed to have been placed under suspension shall, during the period of such suspension, be entitled to receive, instead of salary, such subsistence allowance as may be prescribed.]
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1. Ins. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(1) A 9[Municipality] shall contribute to the pension and leave allowances of any servant,-
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
(a) whose services are lent or transferred by Government to the 1[Municipality]; or
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
(b) whose services are lent or transferred by the 2[Municipality] to Government; or
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
(c) who is employed partly by Government and partly by the 3[Municipality].
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
(2) Such contribution shall be to the extent prescribed by any general rules or special orders made by 4[the Government concerned].
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4. Subs. by ALO 1950.
(3) A 5[Municipality] shall not, without the assent of Government, dispense with the services of any servant described in clause (a) or (c) of sub-section (1), or finally dismiss from its service any servant described in clause (b) of sub-section (1), unless it has given Government at least six month's notice.
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5. Subs. by U.P. Act No. 12 of 1994.
(4) In this section "Government" shall mean the 6[Central Government] or any 7[State Government].
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6. Subs. by ALO 1950.
7. Subs. by ALO 1950.
(1) In every case where a 8[Municipality], is entitled to pay a salary to any officer or servant, it shall subject to any regulations in this behalf, be entitled to pay leave allowances to such officer or servant.
(2) A 9[Municipality] may establish and maintain a provident fund and may itself contribute thereto.
(3) A 10[Municipality] may grant a gratuity, upon his retirement, to any servant of the 11[Municipality] who is excluded from participation in the benefits of the provident fund.
(4) The 12[Municipality] may, with the previous sanction of the State Government, grant or arrange for the purchase of an annuity to,-
(a) any servant who, at the date of his retirement, has not been contributing to a provident fund established under sub-section (2) or has contributed thereto of a period of less than 10 years; and
(b) any officer or servant injured, otherwise than by reason of his own default, in the execution of his duty, or where such injury results in death, the family of such officer or servant.
(5) A 13[Municipality] may, with the like sanction, instead of taking action under clause (b) of sub-section (4), grant a compassionate allowance to an officer or servant referred to therein, or to the family of such officer or servant.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
The provisions of Section 79 shall be subject to the condition that the 1[Municipality] shall not, without the special sanction of the 2[State Government], grant to any officer or servant or to his family a pension, annuity or gratuity greater in amount than that to which he or it would have been entitled, under any general or special orders of the Central Government or 3[State Government], if the service qualifying for the pension, annuity or gratuity had been service under that Government for the same time, on the same pay, and in other respects of the same character.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by ALO 1950.
3. Subs. by ALO 1950.
(1) The President, the 5[* * *], and every member, officer and servant of the 6[Municipality] shall be liable to surcharge for the loss, waste and misapplication of any money or property of the 7[Municipality], its such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such President, 8[* * *], member, officer or servant :
Provided that such liability shall cease to exist after the expiry of ten years from the occurrence of such loss, waste or misapplication or after the expiry of five years from the date on which such President, 9[* * *], member, officer or servant ceases to hold his office, whichever is later.
(2) The amount of surcharge so imposed shall be recoverable as if it were an arrear of land revenue and the Collector on being satisfied that the sum is due shall proceed to recover it as such an arrear.
(3) The procedure of surcharge and the manner of the recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed.
(4) Where no surcharge proceedings are taken the 10[Municipality], with the previous sanction of, or on being directed by, the Prescribed Authority, may institute a suit for compensation against such person.]
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4. Subs. by U.P. Act No. 41 of 1976 and shall be deemed always to have been substituted.
5. Omitted by U.P. Act No. 49 of 2007.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Omitted by U.P. Act No. 49 of 2007.
9. Omitted by U.P. Act No. 49 of 2007.
10. Subs. by U.P. Act No. 12 of 1994.
A member 11[or President] of a 12[Municipality] who, otherwise than with the permission in writing of the Prescribed Authority knowingly acquires, or continues to have directly or indirectly, by himself or his partner, any 13[share or interest, whether pecuniary or of any other nature] in any contract or employment, with, by, or in behalf of the 14[Municipality], shall be deemed to have committed an offence under Section 168 of the Indian Penal Code :
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11. Added by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 26 of 1964.
14. Subs. by U.P. Act No. 12 of 1994.
Provided that a person shall not be deemed for the purposes of sub-section (1) to acquire, or continue to have, any 1[share or interest, whether pecuniary or of any other nature] in a contract or employment by reason only of his,-
_________________________
1. Subs. by U.P. Act No. 26 of 1964.
(a) having a 2[share or interest, whether pecuniary or of any other nature] in any lease, sale or purchase of land or buildings, or in any agreement for the same, provided that such 3[share or interest, whether pecuniary or of any other nature] was acquired before he became a member, or
_________________________
2. Subs. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 26 of 1964.
(b) having a share in a joint stock company which shall contract with, or be employed by, or on behalf of, 4[Municipality], or
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4. Subs. by U.P. Act No. 12 of 1994.
(c) having a 5[share or interest, whether pecuniary or of any other nature] in a newspaper in which an advertisement relating to the affairs of the 6[Municipality] is inserted, or
_________________________
5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
(d) holding a debenture or otherwise being interested in a loan raised by, or on behalf of, the 7[Municipality], or
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7. Subs. by U.P. Act No. 12 of 1994.
(e) being retained by the 8[Municipality] as a legal practitioner, or
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8. Subs. by U.P. Act No. 12 of 1994.
(f) having a 9[share or interest, whether pecuniary or of any other nature] in the occasional sale of an article in which he regularly trades to 10[Municipality] to a value not exceeding, in any one year such amount as the 11[Municipality], with the sanction of the 12[State Government] fixes in this behalf, or
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9. Subs. by U.P. Act No. 26 of 1964.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by ALO 1950.
(g) being a party to an agreement made with the 13[Municipality] under the provisions of Section 196 (c) or of Section 229.
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13. Subs. by U.P. Act No. 12 of 1994.
(1) A person who has directly or indirectly, by himself or his partner, a 14[share or interest, whether pecuniary or of any other nature] in a contract with, by, or on behalf of a 15[Municipality] or in any employment with, under, by, or on behalf of, a 16[Municipality], other than as a municipal servant, shall be disqualified for being a servant of such 17[Municipality].
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14. Subs. by U.P. Act No. 26 of 1964.
15. Subs. by U.P. Act No. 12 of 1994.
16. Subs. by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 12 of 1994.
(2) A municipal servant who shall acquire or continue to have directly or indirectly, himself or his partner a 1[share or interest, whether pecuniary or of any other nature] in any such contract or employment as aforesaid shall cease to be a municipal servant, and his office shall become vacant.
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1. Subs. by U.P. Act No. 26 of 1964.
(3) A municipal servant who knowingly acquires or continues to have, directly or indirectly, a 2[share or interest, whether pecuniary or of any other nature] in a contract or, except in so far as concerns his employment as a municipal servant, in any employment with, under, by, or on behalf of, a 3[Municipality] of which he is a servant, shall be deemed to have committed an offence under Section 168 of the Indian Penal Code (Act No. XLV of 1860).
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2. Subs. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
(4) Nothing in this section shall apply to any such 4[share or interest, whether pecuniary or of any other nature] in a contract employment with under, by, or on behalf of, the 5[Municipality] as is referred to in clauses (b), (d) and (g) of sub-section (2) of Section 82 or to any 6[share or interest, whether pecuniary or of any other nature] acquitted or retained, with the permission of the 7[Prescribed Authority], in any lease, sale or purchase of land or buildings, or in any agreement for the same.
_________________________
4. Subs. by U.P. Act No. 26 of 1964.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No.7 of 1949.
Every officer or servant of 9[Municipality] shall be deemed to be a public servant within the meaning of the Indian Penal Code (Act No. XLV of 1860) and in the definition of "legal remuneration" in Section 161 of that Code, the word "Government" shall, for the purposes of this section, be deemed to include a 10[Municipality].
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
(1) A sweeper employed by the 11[Municipality], who,-
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11. Subs. by U.P. Act No. 12 of 1994.
(a) except in accordance with the terms of written contract of service, or with the permission of the 12[Municipality], resigns or abandons his employment, or
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12. Subs. by U.P. Act No. 12 of 1994.
(b) without a reasonable cause of which notice has, when possible, been given to the 13[Municipality], absents himself from his duties shall be liable upon conviction to imprisonment which may extend to two months.
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13. Subs. by U.P. Act No. 12 of 1994.
(2) The 14[Prescribed Authority] may direct that on and from a specified future date the provisions of sub-section (1) shall apply also to any other specified class of servants employed by a 1[Municipality] whose functions intimately concern the public health or safety :
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14. Subs. by U.P. Act No.7 of 1949.
1. Subs. by U.P. Act No. 12 of 1994.
Provided that when a 2[Prescribed Authority] makes an order under this sub-section, he shall forthwith forward a copy thereof, with a statement of his reasons for making it, to the State Government which may thereupon rescind the order or direct that it continue in force, with or without modification, permanently or for such period, as it thinks fit.
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2. Subs. by U.P. Act No.7 of 1949.
(1) There shall be at least one meeting of the 7[Municipality] in every month to be held on a day fixed by regulation or of which notice has been given in a manner provided by regulation in this behalf :
_________________________
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8[(2) The President may convene a meeting whenever he thinks fit and shall, upon a requisition made in writing by not less than one-fifth of the members of the 9[Municipality] and served on the President or sent by registered post acknowledgment due addressed to the 10[Municipality] at their office, convene a meeting within a period of 11[fifteen days] from the date of the service or receipt of such requisition.]
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8. Subs. by U.P. Act No. 9 of 1933.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 26 of 1964.
12[Provided that the President may, for reasons to be recorded, postpone a meeting, other than a meeting convened on the requisition of members as above, by giving such notice as may be provided by regulation in this behalf.]
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12. Ins. by U.P. Act No. 26 of 1964.
(3) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further adjourned in the like manner.
(4) Every meeting shall be held at the municipal office (if any) or other convenient place of which notice has been duly given.
1[(5) The President shall report to the District Magistrate the name of any member who has, without obtaining sanction from the 2[Municipality] absented himself from the meetings of the 3[Municipality] for more than three consecutive months or three consecutive meetings, whichever is the longer period.]
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1. Ins. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
Subject to any provision to the contrary made by regulation in this behalf, any business may be transacted at any meeting :
Provided that no business which is required to be transacted by a special resolution shall be transacted unless previous notice of the intention to transact such business has been given :
Provided also that nothing in this section shall apply to the motion that the 7[Municipality] shall adopt a resolution expressing non-confidence in the President or to a motion that the 8[Municipality] shall adopt a resolution calling upon the President to resign.
_________________________
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9[* * *]
_________________________
9. Omitted by U.P. Act No. 22 of 2001, Sec. 4 (w.e.f. 5.10.2001).
10[UTTARAKHAND] AMENDMENT
_________________________
10. The word "Uttaranchal" subs. by Act No. 52 of 2006.
11[Section 87-A of the principal Act shall be omitted.]
_________________________
11. Omitted by Uttaranchal Act No. 11 of 2005.
(1) It shall be necessary for the transaction of any business other than business which is required to be transacted by a special resolution that not less than one-third of the total members of the 12[Municipality] for the time being shall be present.
_________________________
12. Subs. by U.P. Act No. 12 of 1994.
(2) It shall be necessary for the transaction of business which is required to be transacted by special resolution that not less than one-half of such members shall be present :
Provided that, when it is necessary to postpone any business at a meeting for want of the prescribed quorum, the 1[President] after the transaction of such business can be transacted, shall adjourn the meeting to another date, and the business postponed for want of the prescribed quorum shall be transacted on such date, or in the event of a further adjournment of the meeting to a subsequent date, on such subsequent date, notwithstanding any deficiency in the number of members present.
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1. Subs. by U.P. Act No.7 of 1949.
If at a meeting [President is not present],3 the members present shall elect one of their members to be the 4[President] of the meeting, and such 5[President] shall perform all the duties, and may exercise all the powers of the 6[President] of a 7[Municipality] when presiding at a meeting.
_________________________
3. Subs. by U.P. Act No. 49 of 2007.
4. Subs. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No.7 of 1949.
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by U.P. Act No. 12 of 1994.
Every meeting shall be open to the public unless the 8[President] thereof considers that the public should be excluded during the whole or any part of the meeting.
_________________________
8. Subs. by U.P. Act No.7 of 1949.
Where at a meeting of the 9[Municipality], any member or other person refuses to comply with any direction of the 10[president] ruling any business, discussion or matter out of order, or otherwise regulating the conduct or members or of business or where any member or person willfully disturbs the meeting, the 11[President] may require that member or person to withdraw from the meeting and, in the even of this omitting to do so, may employ against him such force as is necessary or as in good faith he believes to be necessary, for the purpose of removing and excluding him from the meeting.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No.7 of 1949.
11. Subs. by U.P. Act No.7 of 1949.
(1) All questions which may come before a meeting of a 12[Municipality] shall be decided by a majority of the votes of the members present and voting:
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12. Subs. by U.P. Act No. 12 of 1994.
1[Provided that where the President 2[* * *] is of opinion that the decision of any question (including the budget estimates and proposals of taxation) by the 3[Municipality] by a majority of votes of the members present and voting is against the interest of the 4[Municipality], he may refer the same with his comments to the Director, who may, with the previous approval of the State Government, take such decision thereon (which may be in super-session or partial modification of the decision of the 5[Municipality] as he thinks fit, and his decision shall have effect as if it were a decision of the 6[Municipality] :
_________________________
1. Ins. by U.P. Act No. 41 of 1976.
2. The words "of a board referred to in sub-section (2) of Section 43", omitted by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
Provided further that the Director may, pending his final decision, give such interim decisions as he thinks fit and such direction, shall have effect as if they were decisions of the 7[Municipality].]
_________________________
7. Subs. by U.P. Act No. 12 of 1994.
(2) In case of an equality of votes, the 8[President] of the meeting shall have a second or casting vote.
_________________________
8. Subs. by U.P. Act No.7 of 1949.
(3) The foregoing provisions of this section shall be subject to the provisions of sub-section (6) of Section 94 and of any other provision of, or under this or any other enactment requiring a resolution to be supported by any proportion or number of the members.
The 9[Chief Engineer, Uttar Pradesh Jal Nigam, the Director of Medical Health and Family Welfare, Uttar Pradesh or the Assistant Director, Medical Health and Family Welfare, Uttar Pradesh, the Medical Officer] of the district, the Executive Engineer, the Inspector of Schools, and any other officer specially authorized by the State Government in this behalf shall be entitled to attend a meeting of the 10[Municipality] and to address the 11[Municipality] on any matter affecting their respective departments.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
(1) The names of the members present, and the proceedings held and resolutions passed, at a Meeting of a 1[Municipality] shall be entered in a book to be called the minute book.
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1. Subs. by U.P. Act No. 12 of 1994.
2[(1-A) The Executive Officer or where there is no Executive Officer, the Secretary of the 3[Municipality] shall maintain a register of attendance of members and every member shall sign it before taking his seat at any meeting of the 4[Municipality].]
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2. Ins. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5[(2) The minutes shall be read out at the meeting or the next ensuing meeting and, unless objected to by a majority of such of the members, if any, present at the reading as were also present at the proceedings recorded in such minutes, shall be certified as passed by the signature of the President of the meeting at which they are read.]
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5. Subs. by U.P. Act No. 26 of 1964.
6[(3) Every resolution passed by a 7[Municipality] at a meeting, shall, as soon thereafter as may be, 8[be published in Hindi in any paper approved by the State Government for purpose of publication of public notices, published in the district, or if there is no such paper, in the district, in the division, in which the municipality concerned is situate and where there is no such paper, be posted upon the notice boards of the municipal office and Collectorate Office for three consecutive days].]
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6. Subs. by U.P. Act No.7 of 1953.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 26 of 1964.
(4) Copies of every resolution passed by a 9[Municipality] at a meeting shall, within ten days from the date of the meeting, be forwarded to the 10[Prescribed Authority] and the District Magistrate.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No.7 of 1949.
(5) When, subsequent to action being taken in respect of any resolution under sub-Section (3) or (4), but before the minutes recording the resolution are singed as required by sub-section (2), any alteration is made in the wording of such minutes, the alteration shall be notified by publication or communicated to the 11[Prescribed Authority] and the District Magistrate, as the case may be.
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11. Subs. by U.P. Act No.7 of 1949.
(6) A resolution of a 12[Municipality] shall not be modified or cancelled within six months after the passing thereof,-
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12. Subs. by U.P. Act No. 12 of 1994.
(a) unless previous notice has been given setting forth fully the resolution which it is proposed to modify or cancel and the motion or proposition for the modification or cancellation of such resolution; and
(b) except by a resolution supported by not less than, one half of the total number of members of the 1[Municipality] for the time being.
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1. Subs. by U.P. Act No. 12 of 1994.
Conduct of correspondence, accounts, budgets, etc.
The following matters shall be regulated and governed by rules made by the State Government, namely,-
(a) the intermediate office or offices, if any, through which correspondence between 2[Municipalities] and the State Government or officers of the State Government and representations by the 3[Municipality] addressed to the State Government shall pass;
(b) the preparations of plans and estimates for works which are to be partly or wholly constructed at the expense of the 4[Municipality];
(c) the authority by whom and the conditions subject to which such plans and estimates may be sanctioned;
(d) the agency by which such plans and estimates shall be prepared and by which works shall be carried out;
(e) the accounts to be kept by 5[Municipalities], the manner in which accounts shall be audited and published and the power of auditors in respect of disallowance and surcharge;
(f) the date before which a meeting shall be held for the sanction of the budget;
(g) the method and forms to be adopted in the preparation of budget;
(h) the conditions subject to which a 6[Municipality] in respect of which an order has been issued under Section 102 be entitled to vary or alter its budgets; 7[* * *]
(i) the return, statements and reports to be submitted by 8[Municipalities]; 9[and]
(j) regular periodical inspection of office and works of the 10[Municipality].
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Omitted by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
9. Ins. by U.P. Act No.7 of 1949.
10. Subs. by U.P. Act No. 12 of 1994.
(1) The sanction of the 11[Municipality] by resolution is required in the case of every contract,-
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11. Subs. by U.P. Act No. 12 of 1994.
(a) for which budget provision does not exist; or
1[(b) involving a value or amount, exceeding 2[Fifty thousand rupees] in the case of contract by the Municipal Council and 3[Fifteen thousand rupees] in the case of a contract by the Nagar Panchayat]:
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by Sec. 5(a) of U.P. Act No. 22 of 2001, for "ten thousand rupees" (w.e.f. 6.10.2001).
3. Subs. by Sec. 5(b) of U.P. Act No. 22 of 2001, for "three thousand rupees" (w.e.f. 6.10.2001).
4[Provided that during the period intervening two meetings of the Municipal Council, the President may sanction contracts involving a value or amount not exceeding 5[One lakh rupees].]
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4. Ins. by U.P. Act No. 12 of 1994.
5. Subs. by Sec. 5(c) of U.P. Act No. 22 of 2001, for "twenty thousand rupees" (w.e.f. 6.10.2001).
(2) Any contract, other than a contract of either description specified in sub-section (1), may be sanctioned by resolution of the 6[Municipality], or by a committee of the 7[Municipality] (not being an advisory committee) empowered in this behalf by regulation, or by anyone or more than one officer or servant of the 8[Municipality] so empowered:
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9[Provided that the contracts sanctioned by a committee, officer or servant shall be placed before the 10[Municipality] for information at the next ensuing meeting].
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9. Ins. by U.P. Act No. 26 of 1964.
10. Subs. by U.P. Act No. 12 of 1994.
(3) 11[Where] the plans and estimates of a project have, in accordance with any rule made in this behalf, been sanctioned by the 12[Municipality], and the execution of the work has been entrusted by the 13[Municipality] to an engineer in its service or employment, the 14[Municipality] may, with the previous sanction of the 15[Prescribed Authority] empower by resolution such engineer to sanction all contracts or anyone or more contracts of any particular description 16[other than a contract of either description specified in sub-section (1)] required for the execution of the project, and may in like manner impose any condition or restriction on the exercise of the power so conferred.
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11. Subs. by U.P. Act No. 26 of 1964.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by U.P. Act No. 12 of 1994.
15. Subs. by U.P. Act No.7 of 1949.
16. Ins. by U.P. Act No. 26 of 1964.
17[UTTARAKHAND] AMENDMENT
_________________________
17. The word "Uttaranchal" subs. by Act No. 52 of 2006.
18[In Section 96 of the principal Act, in sub-section (1) in clause (b)-
(a) for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted.
(b) for the words "three thousand rupees" the words "fifteen thousand rupees" shall be substituted.
(c) in the proviso for the words "twenty thousand rupees" the words "one lakh rupees" shall be substituted.]
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18. Vide Uttaranchal Act No. 11 of 2005.
(1) Every contract made by or on behalf of a 5[Municipality] whereof the value or the amount exceeding Rs. 250 shall be in writing:
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5. Subs. U.P. Act No. 12 of 1994.
6[Provided that unless the contract has been duly executed in writing, no work including collection of materials in connection with the said contract shall be commenced or undertaken].
_________________________
6. Ins. by U.P. Act No.7 of 1949.
(2) Every such contract shall be signed,-
(a) by the President or a 7[* * *] and by the executive officer or a secretary; or
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7. Omitted by U.P. Act No. 49 of 2007.
(b) by any person or persons empowered under sub-section (2) or (3) of the previous section to sanction the contract if further and in like manner empowered in this behalf by the 8[Municipality].
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
(3) If a contract to which the foregoing provisions of this section apply is executed otherwise than in conformity therewith it shall not be binding on the 1[Municipality].
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1. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Central Government or receiving aid from the World Bank or any other foreign organisation, be made or sanctioned in accordance with the scheme approved by the State Government :
Provided that the meeting of the Municipality for sanction of funds for the urban development project shall be convened and decision be taken within one month from the date of approval of the project by the State Government:
Provided further that if the meeting of the municipality is not convened or decision is not taken within the time specified in the first proviso, the municipality shall be deemed to have sanctioned the funds and if the sanction is refused or is accorded with modifications, the matter shall be referred to the State Government and the decision of the State Government shall be final and binding on the municipality and the municipality shall be deemed to have sanctioned the funds accordingly. The Executive Officer may thereupon execute the project, spend funds and ensure completion of the project within the stipulated time :
Provided also that the municipality shall undertake regular monitoring of the projects and shall send its report to the State Government.]
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4. Ins. by U.P. Act No. 12 of 1994.
(1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Municipality may, in the discharge of its functions specified in Sections 7 and 8 :
(a) promote the undertaking of any project for supply of urban infrastructure or services by participation of a person, company, firm, society, trust or any body corporate or any institution, or Government agency or any agency functioning under any law for the time being in force, in financing, construction, maintenance and operation of such project of a Municipality irrespective of its cost.
(b) consider and approve the undertaking of any project relating to urban infrastructure or services by a person, company, or firm, or society or trust, or body corporate, or institution, or Government agency or any agency in terms of a private sector participation agreement or jointly with any such agency.
(2) Without prejudice to the generality of the foregoing provisions of this section, such agreements include the following :
(a) Build-Own-Operate- Transfer Agreement,
(b) Build-Own-Operate-Maintain Agreement,
(c) Build and Transfer Agreement,
(d) Build-lease-Transfer Agreement,
(e) Build Transfer Operate Agreement,
(f) Lease and Management Agreement,
(g) Management Agreement,
(h) Rehabilitate-Operate Transfer Agreement,
(i) Rehabilitate-Own-Operate-Maintain Agreement,
(j) Service Contract Agreement, and
(k) Supply-Operate Transfer Agreement.
(3) In the discharge of its obligations for providing urban infrastructure and services in relation to water supply, drainage and sewerage, solid waste management, urban transport, parks, playgrounds, health and hygiene, recreation and community centre and other civic amenities and facilities and commercial infrastructure, the Municipality may, wherever considered appropriate in the public interest,-
(a) discharge any of its obligations on its own, or
(b) enter into any private sector participation agreement.]
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5. Ins. by U.P. Act No. 29 of 2009.
When the 1[* * *] Registration Act, 1908, or any rule made thereunder, requires or permits any act to be done with reference to a document by a person executing or claiming under the same, and the document has been executed on behalf of a 2[Municipality] or is a document under which a 3[Municipality] claims, the Act may, notwithstanding anything to the contrary contained in the aforesaid enactment, or in any rule thereunder, be done by the President, the Executive Officer or a Secretary of the 4[Municipality] or by any other officer of the 5[Municipality] empowered by regulation in this behalf.
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1. The word "Indian" omitted by Sec. 2 of Act No. 45 of 1969.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(1) Every 6[Municipality] shall have prepared, and laid before it, at a meeting to be held in every year before such date as is fixed by rule in this behalf, a complete account of the actual and expected receipts and expenditure for the year ending on the thirty-first day March next following such date together with a budget estimate of the income and expenditure of the 1[Municipality] for the year commencing on the first day of April next following.
_________________________
6. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994
(2) Subject to the provisions of Section 102 the 2[Municipality] shall at such meeting decide upon the appropriations and the ways and means contained in the budget estimate and by special resolution, sanction a budget, which shall be submitted to the State Government or to such officers as the State Government by order directs in this behalf.
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
(3) Subject to the like provisions of the 3[Municipality] may vary or alter, from time to time, as circumstances may render desirable, by special resolution, the budget sanctioned under sub-section (2).
_________________________
3. Subs. by U.P. Act No. 12 of 1994.
As soon as may be after the first day of October a revised budget for the year shall be framed and such revised budget, shall, so far as may be, be subject to all the provisions applicable to a budget made under Section 99.
In framing a budget a 4[Municipality] shall provide for the maintenance of such minimum closing balance (if any) as the State Government may by order prescribe.
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4. Subs. by U.P. Act No. 12 of 1994.
Where in the opinion of the 6[State Government] the condition of indebtedness of any 7[Municipality] is such as to make the control of the State Government over its budget desirable, the 8[State Government] may, by order declaring that such is the case/direct that the budget of such 9[Municipality] shall be subject to the sanction of the 10[State Government] or the 11[Prescribed Authority] and that the power to vary or alter the budget under sub-section (3) of Section 99 shall be subject to conditions to be prescribed by rule.
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by ALO 1950.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by ALO 1950.
11. Subs. by U.P. Act No.7 of 1949.
(1) Where a budget has been passed the 12[Municipality] shall not incur any expenditure under any of the heads of the budget, other than a head providing for the refund of taxes in excess of the amount passed under that head, without making provision for such excess by the variation or alteration of the budget.
(2) Where any expenditure under any head providing for the refund of taxes is incurred in excess of the amount passed under that head, provisions shall be made without delay for such expenditure by the variation or the alteration of the budget.
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12. Subs. by U.P. Act No. 12 of 1994.
(1) A 1[Municipality] may 2[and where so required by the 3[State Government] shall],-
(a) by regulation establish such committees as it thinks fit 4[or as the 5[State Government] may direct] or the purpose of exercising such powers, performing such duties or discharging such functions as may be delegated to a committee under Section 112; and
(b) by single transferable vote elect such of its members as it thinks fit for a period not exceeding one year to any committee so established, in accordance with the method prescribed in the Regulations made by the Chairman of the Legislative Council of Uttar Pradesh in pursuance of Orders 82 and 87 of the Standing Orders, for the conduct of business and procedure to be followed in the Legislative Council and dated 15th March, 1921, the words "the President" and "the Council" and "the Council" occurring in the said Regulations being for purposes of this clause read as "President of the Municipality" and "6[Municipality]" respectively; provided that the State Government may, from time to time, as it thinks fit amend the said Regulations for the purposes of this clause; and
(c) by resolution remove any member elected under clause (b).
7[(1-A) In any committee exclusively for the education of girls established under the preceding sub-section not less than one-half of its members shall be women members of the 8[Municipality] together with such other women who, being residents of the municipality but not members of the 9[Municipality], are, by reason of their interest in the education of girls, appointed under Section 105.
The Chairman of any such committee shall be a person elected from amongst the women members of such committee :
Provided that a 10[Municipality] may, from time to time, by resolution establish, and appoint the members of one, or more than one, advisory committee for the purpose of enquiring into, and reporting on any matter in respect of which a decision of the 11[Municipality] is required by or under this Act.
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
2. Added by U.P. Act No.7 of 1949.
3. Subs. by ALO 1950.
4. Ins. by U.P. Act No.7 of 1949.
5. Subs. by ALO 1950.
6. Subs. by U.P. Act No. 12 of 1994.
7. Ins. by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
(1) Notwithstanding anything contained in this Act, it shall be lawful for a 12[Municipality] by a resolution supported by not less than one-half of the whole number of members for the time being to appoint as members of a committee any persons of either sex who are not members of the 1[Municipality] but who in the opinion of the 2[Municipality], possess special qualifications for serving on such committee :
Provided that the number of persons so appointed on a committee shall not exceed one-third of the total number of the members of committee.
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12. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(2) All the provisions of this Act, and of any rules relating to the duties, powers, liabilities, disqualifications and disabilities of members shall, save as regards a disqualification on the grounds of sex, be applicable, so far as may be, to such persons.
A vacancy occurring in any committee may at any time be filled up by the appointment by the 3[Municipality], in the manner prescribed by Section 104, or Section 105, of another member or persons.
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3. Subs. by U.P. Act No. 12 of 1994.
(1) The 4[Municipality] may by resolution appoint a President for any committee.
(2) In default of a President being appointed by the 5[Municipality], a committee shall appoint its own President from among its members.
_________________________
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(1) The provisions of sub-sections (1) and (2) of Section 92, of Section 93, and of sub-sections (1), (2), (4), (5) and (6) of Section 94 shall apply to the proceedings of committees of a 6[Municipality], as if the words "a committee" were substituted for the words "a 7[Municipality]" or "the 8[Municipality]" whenever they occur therein.
(2) Committees may meet and adjourn as they think proper, but the President of the committee may, whenever he thinks fit, and shall, upon the written request of the 9[President] of the 10[Municipality] or of not less than two members of the committee, call a meeting of the committee.
(3) Subject to the provision contained in sub-section (4), no business shall be transacted at any meeting unless more than one-fourth of the members of the committee are present thereat.
(4) Where it is necessary to postpone any business at a meeting of a committee for want of the prescribed quorum, the procedure specified in sub-section (3) of Section 88 shall be followed.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No.7 of 1949.
10. Subs. by U.P. Act No. 12 of 1994.
(1) The 12[Municipality] may at any time call for any extract from any proceedings of any committee and for any return, statement, account or report concerning or connected with any matter with which the committee has been authorized, or directed to deal.
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11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
(2) Every committee shall, with all convenient speed, comply with any requisition of the 1[Municipality] made under sub-section (1).
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1. Subs. by U.P. Act No.12 of 1994.
2[(3) The 3[Municipality] may, for reasons to be recorded, vary or override any decision of the committee.]
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2. Ins. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
(1) A 4[Municipality] may, and if so required by the 5[State Government] shall, combine with one, or more than one, other assenting local authority to appoint by means of a written instrument subscribed by the local authorities concerned, a joint committee for the purpose of transacting any business in which they are jointly interested.
(2) Such instrument shall prescribe the number of members who shall be chosen by each local authority to represent it upon the joint committee, the person who shall be 6[President] thereof, the powers being powers exercisable by one or more of the concurring local authorities which may be exercised by the joint committee, and the method of conducting the proceedings and correspondence thereof.
(3) Such instrument may, from time to time, be varied or rescinded by a further instrument subscribed by all the local authorities concerned, and in the event of the rescission of any instrument under this sub-section, all proceedings thereunder shall be deemed inoperative with effect from a date to the specified in such further instrument.
(4) Any difference of opinion arising in the course of any proceeding under the foregoing provisions of this section, between two or more local authorities shall be decided by reference to the 7[State Government] under Section 325.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by ALO 1950.
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by ALO 1950.
(1) The 9[Municipalities] in Uttar Pradesh may combine to form an association to be called the State 10[Municipalities] Union, provided that no such association shall be formed unless more than half the number of 11[Municipalities] in the State severally pass a resolution signifying their intention to become members.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
(2) The functions of the union formed under sub-section (1) of this section shall be to examine problems of common interest to the 12[Municipalities], advise the 1[Municipalities] on the improvement of municipal administration and to perform such other function as the 2[State Government] may, from time to time, prescribe.
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12. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by ALO 1950.
(3) The following matters shall be regulated and governed by rules made by the 3[State Government], viz.,-
(a) the constitution and aims and objects of the union;
(b) the amount and the method of contribution of 4[Municipalities] to the union;
(c) the management and control of finances of the union;
(d) 5[* * *]
(e). generally such other matter as may be necessary for the purpose, of this section.
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3. Subs. by ALO 1950.
4. Subs. by U.P. Act No. 12 of 1994.
5. Omitted by U.P. Act No. 12 of 1994.
Exercise and delegation of powers by 6[Municipality]
_________________________
6. Subs. by U.P. Act No. 12 of 1994.
(1) The powers, duties and functions specified in the second column of Schedule 1, with the exception of those against which an entry is shown in the third column of that schedule, may be exercised, and shall be performed or discharged by a 8[Municipality] or by resolution passed at a meeting of the 9[Municipality] and not otherwise.
(2) Nothing in sub-section (1) shall be construed to prevent a resolution of a 10[Municipality] being carried into execution by any agency duly authorized in this behalf by or under the Act or by a servant of the 11[Municipality] acting within the scope of his employment.
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7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
(1) With the exception of a power, duty or function,-
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12. Subs. by U.P. Act No. 12 of 1994.
(a) specified in the second column, and against which no entry is shown in the third column of Schedule I;
(b) reserved or assigned to a 13[President] by clauses (a), (b) and (c) of Section 50 or by Section 51; and
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13. Subs. by U.P. Act No. 7 of 1949.
14[(c) where there is an Executive Officer or a Medical Officer of Health, reserved to the Executive Officer by Section 60 or to the Medical Officer of Health by Section 60-A;]
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14. Subs. by U.P. Act No. 5 of 1932.
1[Municipality] may delegate by resolution all or any of the powers, duties or functions conferred or imposed on, or assigned to, a 2[Municipality] under this Act.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(2) Except as provided in sub-section (3), a 3[Municipality] shall not itself exercise, perform of discharge or interfere in the exercise, performance or discharge of any power, duty or function which it has delegated under sub-section (1).
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3. Subs. by U.P. Act No. 12 of 1994.
(3) The delegation by the 4[Municipality] under sub-section (1) of any power, duty or function may be made subject to the condition that all or any orders made in pursuance of such delegation shall be subject to the right of appeal to, or revision by, the 5[Municipality] within a specified period.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(4) Nothing in the foregoing provisions of this section shall be deemed to prevent a resolution of a committee of a 6[Municipality] being carried into execution by any agency duly authorized in this behalf by or under this Act, or to preclude any servant of the 7[Municipality] from acting within the scope of employment.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
(1) No vacancy in a 8[Municipality] or in a committee of a 9[Municipality] shall vitiate any act or proceeding of a 10[Municipality] or of such committee.
(2) No disqualification, or defect in the 11[election or nomination], of a person acting a 12[member of a municipality or in the election, nomination or appointment of a person acting as a member] or a committee appointed under this Act or as the President or the Chairman, as the case may be of a meeting of a 13[Municipality] or of such committee, shall be deemed to vitiate any act or proceeding of the 14[Municipality] or of the committee, if the majority of the persons present at the time of the act being done, or proceeding being taken, were qualified and duly elected 15[or nominated] members of the 16[Municipality] or committee.
(3) Until the contrary is proved, any document or minutes which purport to be the record of the proceedings of a 17[Municipality] or committee shall, if substantially made and signed in the manner prescribed for the making and signing of the record of such proceedings, be deemed to be a correct record of the proceedings, of a duly convened meeting held by a duly constituted 18[Municipality] or committee whereof all the members were duly qualified.
_________________________
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by U.P. Act No. 12 of 1994.
15. Ins. by U.P. Act No.2 of 1919.
16. Subs. by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 12 of 1994.
18. Subs. by U.P. Act No. 12 of 1994.
1[(1) There shall be established, for each municipality a Municipal Fund and to the credit whereof shall be placed all sums received including the grants-in-aid from the consolidated fund of the State and all loans raised, by or on behalf of the municipality.
(2) Every municipality shall constitute a Development Fund for the purpose of this Act. The constitution and disposal of the Development Fund shall be effected in such manner as may be prescribed.
(3) Twenty-five per cent of the Development Fund constituted under sub-section (2) shall be non-lapsable and shall be earmarked and utilized to provide and promote services for the urban poor and the inhabitants of the slum areas.
Explanation.-For the purposes of sub-section (3) "services" shall include basic environmental services, roads, primary education and health, housing, water supply, sanitation, social security and such like services. However it shall not include establishment expenses (including salary and wages) not directly and specifically incurred for delivery of services.]
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1. Subs. by U.P. Act No.7 of 2011. Prior to substitution, it stood as under:
(1) There shall be established, for each municipality, a fund called municipal fund and to the credit whereof shall be placed all sums received including the grants-in-aid from the Consolidated Fund of the State, and all loans raised, by or on behalf of the municipality.
(2) Nothing in this section shall effect any obligations of a Municipality arising from a trust legally imposed upon or accepted by it.
2[114-A. Powers of the 3[Municipality] to borrow money.-For performance of its duties and functions, whether mandatory or discretionary, a 4[Municipality] may with the previous sanction of the State Government, and subject to the rules prescribed in this behalf, raise loans in the open market or from any financial institution by issue of debentures or against any other security.]
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2. Ins. by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5[(1) The municipal fund shall be kept in the Government treasury or sub-treasury or in the State Bank of India or with the previous sanction of the State Government, in the Uttar Pradesh Co-operative Bank or in a Scheduled Bank.]
(2) In places where there is no such treasury or sub-treasury or bank, the municipal fund may be kept with a banker, or person acting as a banker who has given such security for the safe custody and re-payment on demand of the fund so kept as the 6[State Government] may in each case think sufficient:
(3) Provided that nothing in the foregoing provisions of this section shall be deemed to preclude a 7[Municipality] from, with the previous sanction of the State Government, investing in any of the securities described in Section 20 of the Indian Trust Act, 1882, or placing on fixed deposit with a Presidency Bank and portion of its municipal fund which is not required for immediate expenditure.
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5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No. 12 of 1994.
Subject to any special reservation made by the 2[State Government], all property of the nature hereinafter in this section specified and situated within the 3[municipal area] shall vest in and belong to the 4[Municipality], and shall, with all other property which may become vested in the 5[Municipality], be under its direction, management and control, that is to say,-
(a) all public town walls, gates, markets, slaughter-houses, manure and nightsoil depots and public buildings of every description which have been constructed or are maintained out of the municipal fund;
(b) all public streams, lakes, springs, tanks, wells and works for the supply, storages and distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land not being private property appertaining to any public tank or well;
(c) all public sewers, drains, culverts and water-courses, and all works, materials and things appertaining thereto;
(d) all dust, dung, 6[nightsoil], ashes, refuse, animal matter or filth or rubbish of any kind, or dead bodies of animals collected by the 7[Municipality] from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places appointed by the 8[Municipality] under Section 273;
(e) all public lamps, lamp posts and apparatus connected therewith or appertaining thereto;
(f) all land or other property transferred to the 9[Municipality] by the Government or by gift, purchase or otherwise for local public purposes; and
(g) all public streets and the pavements, stones and other materials thereof, and also all trees, erections, materials, implements and things existing on or appertaining to such streets.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by ALO 1950.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Added by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
Where a 2[Municipality], for the purpose of exercising any power or performing any duty conferred or imposed upon it by or under this or any other enactment, desires the State Government to acquire on its behalf, permanently or temporarily, any land or any right in respect of land under the provisions of the Land Acquisition Act, 1894, or of other existing law, the State Government may, at the request of 3[Municipality], 4[in the manner prescribed] acquire such land or such right under the aforesaid provisions; and, payment by the 5[Municipality] to the State Government of the compensation awarded thereunder and of the charges incurred by the State Government in connection with the proceedings, the land or right, as the case may be, shall vest in the 6[Municipality].
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Ins by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
Subject to the provisions of the next section and to any condition imposed by the owner of the property a 8[Municipality] may manage and control any property entrusted to its management and control.
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7. Subs. by U.P. Act No. 12of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) The management, control and administration of every public institution maintained exclusively out of the municipal fund shall vest in the 9[Municipality].
(2) Any other public institution may be vested in, placed under the management control and administration of the 10[Municipality], provided that the extent of the independent authority of the 11[Municipality] in respect thereof may be prescribed by rule.
(3) All property, endowments and funds belonging to any public institution vesting in, or placed under the management, control and administration of, a 12[Municipality] shall be held by the 13[Municipality] in trust for the purpose, to which such property, endowments and funds were lawfully applicable at the time when the institution become so vested or was so placed.
(4) Provided that nothing in the foregoing provisions of this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
(1) The municipal fund and all property vested in a 14[Municipality] shall be applied for the purposes, express or implied, for which, by or under this or any other enactment, powers are conferred or duties or obligations are imposed upon the 1[Municipality].
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14. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
(2) Provided that the 2[Municipality] shall not incur any expenditure for acquiring or renting land beyond the limits of the 3[municipal area] or for constructing any work beyond such limits except,-
(a) with the sanction of the 4[state Government]; and
(b) on such terms and conditions as the 5[State Government] imposes.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by ALO 1950.
5. Subs. by ALO 1950.
(3) Provided also that priority shall be given in the order set forth below, to the following liabilities and obligations of a [Municipality],-
7[(a) the payment of salaries and allowances of Safai Mazdoors;
(a-1) the liabilities and obligations arising from a trust legally imposed upon, or accepted by the 8[Municipality];]
(b) the re-payment of, and the payment of interest on, any loan incurred under the provision of the Local Authorities Loans Act, 1914;
(c) 9[except the payments under clause (a), the payment of establishment charges], including such contributions as are referred to in Section 78, and the salary, allowances and pension of an executive officer appointed by the 10[State Government];
(d) any sum ordered to be paid from the municipal fund under subsection (3) of Section 35, sub-section (2) of Section 36, Section 126, sub-section (3) of Section 163 or sub-section (3) of Section 320.
11[Explanation.-For the purposes of this sub-section a person shall be deemed to be a safai Mazdoor if he is employed by the 12[Municipality] for the purposes of sweeping and cleaning of municipal roads, lanes, pathways, drains, sewers, latrines and urinals, carrying of dead animals and refuge and for other jobs of the like nature].
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 15 of 1983.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 15 of 1983.
10. Subs. by ALO 1950.
11. Subs. by U.P. Act No. 15 of 1983.
12. Subs. by U.P. Act No. 12 of 1994.
13[120-A. Restriction on expenditure from municipal fund over certain litigation.-No expenditure from the municipal fund shall be incurred without the prior sanction in writing of the director for the purposes of defraying the costs of any proceedings instituted or commenced in any Court of law by or on behalf of a 14[Municipality] or its President in respect of any order made or purporting to have been made by the State Government under Section 30, Section 34, Section 40 or Section 48.]
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13. Ins. by U.P. Act No. 41 of 1976.
14. Subs. by U.P. Act No. 12 of 1994.
(1) When, by reason of a notification under Section 3, any local area ceases to be 2[transitional area or a smaller urban area, as the case may be,] and is immediately placed under the control of some other local authority, the municipal fund and property vesting in the 3[Municipality] shall vest in such other local authority and the liabilities of the 4[Municipality] shall be transferred to such other local authority.
(2) When, in like manner, any local area ceases to be a 5[transitional area or a smaller urban area, as the case may be,] and is not immediately placed under the control of another local authority, and balance of the municipal fund and other property vesting the 6[Municipality] shall vest in the 7[State Government] and the liabilities of the 8[Municipality] shall be transferred to 9[the State Government].
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by ALO 1950.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by ALO 1950.
(1) When, by reason of a notification under Section 3, any local area ceases to be included in a 11[transitional area or a smaller urban area, as the case may be,] and is immediately placed under the control of some other local authority such portion of the municipal fund and other property vesting in the 12[Municipality] shall vest in that other local authority, and such portion of the liabilities of that 13[Municipality] shall be transferred to that other local authority, as the 14[State Government] after consulting the 15[Municipality] and that other local authority, declares by notification.
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10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by ALO 1950.
15. Subs. by U.P. Act No. 12 of 1994.
(2) When in like manner, any local area ceases to be included in a 16[transitional area or a smaller urban area, as the case may be,] and is not immediately placed under the control of some other local authority, such portion of the municipal fund and other property vesting in the 17[Municipality] shall vest in the 18[State Government], and such portion of the liabilities of the 19[Municipality] shall be transferred to the 1[State Government], as the State Government after consulting the 2[Municipality] and considering any representation made by the inhabitants of the excluded area, declares by notification.
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16. Subs. by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 12 of 1994.
18. Subs. by ALO 1950.
19 Subs. by U.P Act No. 12 of 1994.
1. Subs. by ALO 1950.
2. Subs. by U.P. Act No. 12 of 1994.
(3) Provided that where an excluded area is placed under the control of local a local authority not existing at a date previous to the exclusion, the 3[State Government], before making a declaration under sub-section (1), shall take into consideration any representation made by the inhabitants of the excluded area.
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3. Subs. by ALO 1950.
(4) Provided also that the foregoing provisions of this section shall not apply in any case where the circumstances, in the opinion of the 4[State Government] render undesirable the transfer of any portion of the municipal fund or liabilities.
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4. Subs. by ALO 1950.
Any municipal fund or portion of a municipal fund or other property of a 5[Municipality] accruing under the provisions of Section 121 or 122 to the 6[State Government], shall be applied in the first place to satisfy any liability of the 7[Municipality] transferred under such provisions to the 8[State Government] and secondly for the benefit of the inhabitants of the local area.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by ALO 1950.
(1) Subject to any restriction imposed by or under this Act, a 10[Municipality] may transfer by sale, mortgage, lease, gift, exchange or otherwise any property vested in the 11[Municipality] not being property held by it on any trust the terms of which are inconsistent with the right to so transfer.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
(2) Notwithstanding anything contained in sub-section (1), the 12[Municipality] may with the sanction of the 13[State Government] transfer to Government, any property vested in the 14[Municipality] but not so as to affect any trust or public; rights to which the property is subject.
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12. Subs. by U.P. Act No. 12 of 1994.
13 Subs. by ALO 1950.
14 Subs. by U.P. Act No. 12 of 1994.
(3) Provided that every transfer under sub-section (1), other than a lease for a term not exceeding one year, shall be made by instrument in writing sealed with the common seal of the municipality and otherwise complying with all conditions in respect of contracts imposed by or under this Act.
1[(4) For safeguarding the interest of weaker section of the society in an urban area, the State Government may issue directions as it may think fit with respect to the acquired or vested land in a municipality.]
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1. Ins. by U.P. Act No. 28 of 2009.
The 2[Municipality] may make compensation out of the municipal fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the 3[Municipality], its officers or servants under this or any other enactment or vested in the 4[State Government], the 5[Prescribed Authority] or the District Magistrate under Section 34 and shall make such compensation where the person sustaining the damages was not himself in default in the manner in respect of which the power was exercised.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by ALO 1950.
5. Subs. by U.P. Act No.7 of 1949.
.-(1) When special police protection is, in the opinion of the State Government, requisite on the occasion of a fair, agricultural show or industrial exhibition managed by a 7[Municipality], the 8[State Government] may provide such protection, and the 9[Municipality] shall pay the whole charges thereof or such portion of such charge as the 10[State Government] considers equitably payable by it.
(2) If the sum charged is not paid, the District Magistrate, may make an order directing the person having the custody of the municipal fund to pay the expenses from such fund.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by ALO 1950.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by ALO 1950.
The following matter shall be regulated and governed by rules made by the 11[State Government] under Section 296, namely,-
(a) the authority on which money may be paid from the municipal fund;
(b) the conditions on which property be acquired by the 12[Municipality] or on which property vested in the 13[Municipality] may be transferred by sale, mortgage, lease, exchange or otherwise; and
(c) any other matter relating to the municipal fund or municipal property in respect of which the Act makes no provision or insufficient provisions and provision is necessary.
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11. Subs. by ALO 1950.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
(1) There shall be constituted in every district a District Planning Committee to consolidate the plans prepared by the Panchayats and the Municipal Corporations, Municipal Councils and Nagar Panchayats in the district and to prepare a draft development plan for the district as a whole.
(2) The District Planning Committee shall consist of such persons as may be prescribed by rules :
Provided that not less than four-fifths of the total number of members of such committee shall be elected by, and from amongst, the elected members of the Zila Panchayat and of the Municipal Corporation, Municipal Councils and Nagar Panchayats in the district in proportion to the ratio between the population of the rural areas and of the urban areas in the district :
Provided further that the other members of such committee shall be nominated by the State Government by order notified in the Official Gazette:
Provided also that any vacancy of members shall be no bar to the constitution or reconstitution of such committee.
(3) The Chairperson of the District Planning Committee shall be chosen in such manner as may be prescribed by rules.
(4) The District Planning Committee, shall, in preparing the draft development plan,-
(a) have regard to-
(i) matters of common interest between the Panchayats and the Municipal Corporations, Municipal Councils and Nagar Panchayats including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservations;
(ii) the extent and type of available resources whether financial or otherwise;
(b) consult such institutions and organizations as the Governor may, by order specify.
(5) The Chairperson of a District Planning Committee shall forward the development plan, as recommended by such committee, to the State Government.
(1) The Executive officer of a municipality shall prepare every year a development plan for the municipal area in the manner prescribed by rules.
(2) The plan prepared under sub-section (1) shall be placed before the municipality in its meeting and the municipality may approve it with or without modification.
(3) The Executive Officer shall, after the plan is approved by the municipality send it to the District Planning Committee before such date as may be prescribed by rules.
(1) The Finance Commission shall also review the financial position of the municipalities and make recommendations to the Governor as to,-
(a) the principles which should govern-
(i) the distribution between the State and the municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and the allocation of shares of such proceeds to the municipalities;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the municipalities;
(iii) the grants-in-aid to the municipalities from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the municipalities;
(c) any other matter referred to the finance commission by the Governor in the interests of sound finance of the municipalities.
(2) Every recommendation of the finance commission made under sub-section (1) shall, together with an explanatory memorandum as to the action taken thereon, be laid before both the houses of the State Legislature.]
(1) Subject to the provisions of this Act and of Article 285 of the Constitution of India, a Municipality shall impose the following taxes, namely :-
(i) a tax on the annual value of buildings or lands or both.
(ii) a water tax on the annual value of buildings or lands or both;
(iii) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by rules in this behalf for each municipality from the nearest sewer line;
(iv) a conservancy tax for the collection, removal and disposal of excrementious and polluted matter from privies, urinals, cesspools;
(2) In addition to the taxes specified in sub-section (1), the Municipality may, for the purposes of this Act and subject to the provisions thereof, impose any of the. following taxes, namely :-
(i) a tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on, the municipal services;
(ii) a tax on trades, callings and vocations including all employments remunerated by salary or fees;
(iii) a theatre tax which means a tax of amusements or entertainments;
(iv) a tax on dogs kept within the Municipality;
(v) a scavenging tax;
(vi) a tax on deeds of transfer of immovable properties situated within the limits of the Municipality;
(vii) a tax on advertisements not being advertisements published in the newspapers;
(viii) a tax on vehicles and other conveyances plying within the Municipality limit or on boats moored therein.
(ix) betterment tax.
(3) The municipal taxes shall be assessed and levied in accordance with the provisions of this Act and the rules and bye-laws framed thereunder.
(4) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution :
Provided that a Municipality which immediately before the commencement of the Constitution was lawfully levying any such tax under this section as then in force, may continue to levy that tax until provisions to the contrary is made by the Parliament.]
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1. Subs. by U.P. Act No.8 of 2011.
Prior to substitution, it stood as under :
128. Taxes which may be imposed.- (1) Subject to any general rules or special order of the State Government in this behalf, the taxes which a Municipality may impose in the whole or part of a municipality are,-
(i) a tax on the annual value of building or lands or of both;
(ii) a tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on municipal services;
(iii) a tax on trades, callings and vocations including all employments remunerated by salary or fees;
(iii-a) a theatre tax which means a tax on amusements or entertainments;
(iv) a tax on vehicles and other conveyances plying for hire or kept within the municipality or on boats moored therein;
(v) a tax on dogs kept within the municipality;
(vi) a tax on animals used for riding, driving, draught or burden, when kept within the municipality;
(vii) [* * *]
(viii) [* * *]
(ix) a tax on inhabitants assessed according to their circumstances and property;
(x) a water-tax on the annual value of buildings or lands or of both;
(x-a) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by rule in this behalf for each municipality from the nearest sewer line;
(xi) a scavenging tax;
(xii) a conservancy tax for the collection, removal and disposal of ex-crementious and polluted matter from privies, urinals, cesspools;
(xiii) [* * *]
(xiii-A) [* * *]
(xiii-B) a tax on deeds of transfer of immovable property situated within the limits of the municipality;
(xiv) [* * *]
(2) Provided that taxes under clauses (iii) and (ix) of sub-section (1) shall not be levied at the same time [* * *] nor shall the taxes under clauses (x-a) and (xii) of sub-section (1) be levied at the same time;
Provided further that no tax under clause (xiii-B) of sub-section (1) shall be levied on deeds of transfer of immovable property situated within such area of the municipality as forms part of the local area of any Improvement Trust created under Section 3 of the U.P. Town Improvement Act, 1919 (U.P. Act No. VIII of 1919) :
Provided also that no tax under clause (iv) of sub-section (1) shall be levied in respect of any motor vehicle.
(3) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution :
Provided that a Municipality which immediately before the commencement of the Constitution was lawfully levying any such tax under this section as then in force, may continue to levy that tax until provision to the contrary is made by Parliament.
7[(1) Where a 8[Municipality] has imposed a tax referred to in clause (xiii-B) of sub-section (1) of Section 128, the duty imposed by the Indian Stamp Act, 1899, on any deed of transfer of immovable property shall, in the case of immovable property situated within the limits of such municipality, be increased by two per cent, on the amount or value of the consideration with reference to which the duty is calculated under the said Act:
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7. Subs. by U.P. Act No. 29 of 1966.
8. Subs. by U.P. Act No. 12 of 1994.
Provided that the 5[Municipality] may, by a special resolution, with the prior approval of the State Government, raise the aforementioned percentage of the increase in stamp duty up to five.]
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5. Subs. by U.P. Act No.8 of 2011, for "clause (x) of sub-section (1)".
(2) All collections resulting from the said increase shall, after the deduction of incidental expenses, if any, be paid to the 1[Municipality] concerned by the State Government in such manner as may be prescribed.
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1. Subs. by U.P. Act No. 12 of 1994.
(3) For the purposes of this sub-section, Section 27 of the Indian Stamp Act, 1899, shall be so read and construed as if it specifically requires the particulars referred to therein to be separately set forth in respect of,-
(a) property situate within the limits of a municipality; and
(b) property situate outside the limits of a municipality.
(4) For the purposes of this section all references in Section 64 of the Indian Stamp Act, 1899, to the Government shall be deemed to include the 2[Municipality] as well.
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2. Subs. by U.P. Act No. 12 of 1994.
The imposition of a tax under 5[clause (ii) of sub-section (1)] Section 128 shall be subject to the restriction that the tax shall not be imposed,-
(i) on land exclusively, used for agricultural purposes unless water is supplied by the 6[Municipality] for such purpose; or
(ii) on a plot of land or building the annual value whereof, does not exceed rupees three hundred and sixty, and to which no water is supplied by the 7[Municipality]; or
(iii) on any plot or building no part of which is within the radius prescribed for the municipality from the nearest stand-pipe or other water works whereat water is made available to the public by the 8[Municipality].
Explanation.-For the purposes of this section,-
(a) "building" shall include the compound, if any, thereof, and where there are several buildings in a common compound, all such buildings and the common compound;
(b) "a plot of land" means any piece of land held by a single occupier, or held in common by several co-occupiers whereof no one portion is entirely separated from other portion by the land of another occupier or of other co-occupier or by public property.]
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3. Subs. by U.P. Act No. 10 of 1978.
4. Ins. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No.8 of 2011, for "clause (x) of sub-section (1)".
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
The Tax on annual value of buildings or lands or both shall be levied in respect of all buildings and lands situated in the municipal limit except,-
(a) buildings and lands solely used for purposes connected with the disposal of the dead;
(b) buildings and lands or portions thereof solely occupied and used for public worship or for the charitable purposes, fields, farms and gardens of Government aided institutions of research and development, play grounds of Government aided or unaided, recognised educational institutions or sports stadium;
(c) buildings solely used as schools and intermediate colleges, whether aided by the State Government or not;
(d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904, subject to any direction of the State Government in respect of any such monument;
(e) buildings and land vested in the Union of India, except where provisions of clause (2) of Article 285 of the Constitution of India, apply;
(f) any owner occupied residential building constructed on a plot of land measuring thirty square metres or having a carpet area upto fifteen square metres, provided that the owner thereof does not own any other building in the municipal limit; and
(g) residential buildings occupied by the owner of the building which is located in such area which has been included in the limit of municipal. council, within five years or the facilities of roads, drinking water and street light provided in the area, whichever is earlier.]
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2. Ins. by U.P. Act No.8 of 2011.
3[The imposition of a tax under 4[clause (iv) of sub-section (1) or clause (vi) of sub-Section (2)] of Section 128 shall be subject to the restriction that the tax shall not be assessed on any house or building or leviable from the occupier of any house or building unless the 5[Municipality] under clause (a) of Section 196 undertakes the house scavenging or the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools of such house or building.]
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3. Subs. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No.8 of 2011, for "clause (xi) or (xii) of sub-section (1)".
5. Subs. by U.P. Act No. 12 of 1994.
(1) The 3[State Government may, by general or special order, published in the Official Gazette, require a 4[Municipality] to impose any tax mentioned in Section 128, not already imposed, at such rate and within such period as may be specified in the notification and the 5[Municipality] shall thereupon act accordingly.
(2) The 6[State Government] may require a 7[Municipality] to 8[increase, modify or vary) the rate of any tax already imposed and thereupon the 9[Municipality] shall 10[increase, modify or vary] the tax as required.
(3) If the 11[Municipality] fails to carry out the order passed under subsection (1) or (2) the 12[State Government] may pass suitable order 13[imposing, increasing, modifying or varying] the tax and thereupon the order of the 14[State Government] shall operate as if it had been a resolution only passed by the 15[Municipality] 16[under sub-section (2) of Section 134].
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1. Ins. by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by ALO 1950.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No.1 of 1955.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No.1 of 1955.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by ALO 1950.
13. Subs. by U.P. Act No.1 of 1955.
14. Subs. by ALO 1950.
15. Subs. by U.P. Act No. 12 of 1994.
16. Added by U.P. Act No. 26 of 1964.
All moneys derived from water, drainage, scavenging and conservancy taxes mentioned in 18[clauses (ii), (iii) and (iv) of sub-section (1) and clause (vi) of sub-section (2)] of Section 128 and all other incomes derived from water-works and sullage farms and disposal of excrementitious and polluted matters collected from privies, urinals and cesspools shall be pooled together and shall be used fur purposes connected with the construction, maintenance, extension or improvement of the water-works and drainage works and arrangements for scavenging and collection, removal and disposal of excrementitious and polluted matters from privies, urinals and cesspools including maintenance of sullage farms.]
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17. Added by U.P. Act No. 26 of 1964.
18. Subs. by U.P. Act No.8 of 2011, for "clauses (x), (x-a), (xi) and (xii) of sub-section (1)".
(1) When a 19[Municipality] desires to impose a tax, it shall, by special resolution, frame proposal specifying,-
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19. Subs. by U.P. Act No. 12 of 1994.
(a) the tax, being one of the taxes described in 1[sub-section (2)] of Section 128, which it desires to impose;
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1. Subs. by U.P. Act No.8 of 2011, for "sub-section (1)".
(b) the persons or class of persons to be made liable, and the description of property or other taxable things or circumstances in respect of which they are to be made liable, except where and in so far as any such class or description is already sufficiently defined under clause (a) or by this Act;
(c) the amount or rate leviable from each such person or class of persons;
(d) any other matter referred to in Section 153 which the 2[State Government] requires by rule to be specified.
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2. Subs. by ALO 1950.
(2) The 3[Municipality] shall also prepare a draft of the rules which it desires the 4[State Government] to make in respect of the matters, referred to in Section 153.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by ALO 1950.
(3) The 5[Municipality] shall, thereupon publish in the manner prescribed in Section 94 the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) along with a notice in the form set forth in Schedule III.
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5. Subs. by U.P. Act No. 12 of 1994.
(1) Any inhabitant of the 7[Municipal area] may, within a fortnight from the publication of the said notice, submit to the 8[Municipality] an objection in writing to all or any of the proposals framed under the preceding section, and the 9[Municipality] shall take any objection so submitted into consideration and pass orders thereon by special· resolution.
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7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
(2) If the 10[Municipality] decides to modify its proposals or any of them, it shall publish notified proposals and (if necessary) revised draft rules along with a notice indicating that the proposals and rules (if any) are in modification of proposals and rules previously published for objection :
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10. Subs. by U.P. Act No. 12 of 1994.
1[Provided that no such publication shall be necessary where the modification is confined to reduction in the amount or rate of the tax originally proposed.]
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1. Added by U.P. Act No. 26 of 1964.
(3) Any objection which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1).
(4) When the 2[Municipality] has finally settled its proposals it shall submit them along with the objections (if any) made in connection therewith to the 3[Prescribed Authority].
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No.7 of 1949.
(1) 5[Upon receipt of the proposals and objections under the preceding sections], the 6[Prescribed Authority] after considering the objection received under sub-section (4) of Section 132, may either refuse to sanction the proposals or return them to the 7[Municipality] for further consideration, or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it deems fit.
(2) In any other case, the 8[Prescribed Authority] shall submit the proposals and objections to the State Government, who may pass any of the orders desired in sub-section (1).
(3) 9[* * *]
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4. Subs. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No.8 of 2011, for "If the proposed tax falls under clauses (i) to (xii) of sub-section (1) of Section 128."
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No.7 of 1949.
9. Omitted by ALO 1937.
(1) When the proposals have been sanctioned by the Prescribed Authority or the State Government 12[* * *] the State Government, after taking into consideration the draft rules submitted by the 13[Municipality], shall proceed forthwith to make under Section 296 such rules in respect of tax as for the time being it considers necessary.
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11. Subs. by U.P. Act No. 12 of 1994.
12. Omitted by ALO 1937.
13. Subs. by U.P. Act No. 12 of 1994.
(2) When the rules have been made, the order of sanction and a copy of the rules shall be sent to the 1[Municipality], and thereupon the 2[Municipality] shall by special resolution direct the imposition of the tax with effect from a date to be specified in the resolution.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(1) A copy of the resolution passed under Section 134 shall be submitted to the 5[State Government] if the tax has been sanctioned by the 6[State Government] and to the 7[Prescribed Authority] in any other case.
(2) Upon receipt of the copy of the resolutions the 8[State Government] or 9[Prescribed Authority] as the case may be, shall notify in the Official Gazette, the imposition of the tax from the appointed date, and the imposition of a tax shall in all cases be subject to the condition that it has been so notified.
(3) A notification of the imposition of a tax under sub-section (2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of this Act.
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5. Subs. by ALO 1950.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No.7 of 1949.
8. Subs. by ALO 1950.
9. Subs. by U.P. Act No.7 of 1949.
The procedure for abolishing a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of sub-section (1) of Section 131, shall, so far as may be, the procedure prescribed by Sections 131 to 135 for the imposition of a tax.
(1) Whenever it appears, on compliant made or otherwise, to the 4[state Government], that the levy of any tax is contrary to the public interest or that any tax is unfair in its incidence the 5[state Government] may, after considering the explanation of 6[the municipality] concerned, by order require such 7[Municipality] to take measures, within a time to be specified in the order, for the removal of any defect which it considers to exist in the tax or in the method of assessing of collecting tax.
(2) Upon the failure or inability of the 8[Municipality] to comply, to the satisfaction of the 9[state Government] with an order made under sub-section (1), the 10[State Government] may by notification suspend the levy of the tax or of any portion thereof until the defect is removed, or may abolish or reduce the tax.
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4. Subs. by ALO 1950.
5. Subs. by ALO 1950.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by ALO 1950.
10. Subs. by ALO 1950.
(1) For the purposes of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from, the taxes described in 11[clauses (i) and (ii) of sub-section (1) and clause (vi) of sub-section (2)] of Section 128, a 12[Municipality] may consolidate any two or more of such taxes which are imposed upon buildings or lands or both.
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11. Subs. by U.P. Act No.8 of 2011, for "clauses (i), (x) and (xi) of sub-section (1)".
12. Subs. by U.P. Act No. 12 of 1994.
(2) Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing any person of his liability thereunder or for the purpose of securing compliance with the provision of Section 129 or 130, the 1[Municipality] shall apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.
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1. Subs. by U.P. Act No. 12 of 1994.
(1) In assessing a consolidated tax, effect shall be given to any partial or total exemption from any single tax comprised therein.
(2) Such effect shall be given-
(a) in the case of partial exemption, by means of the deduction from the total amount of the consolidated tax which would otherwise be leviable or assessable in respect of any buildings or lands or both to which the exemption applies, of a proportionate part, corresponding to the exemption, of the amount which might otherwise have been assessed on account of the single tax; and
(b) in the case of a total exemption, by means of the deduction from such total amount of the whole amount assessed, on account of the single tax.
Assessment and levy of taxes on the annual value of buildings or lands or both
(1) "Annual Value" means-
(a) in the case of railway stations, colleges, schools, hotels, factories, commercial buildings and other non-residential buildings, twelve times the value arrived at on multiplying with multiplier to be fixed by rules in the monthly rate of rent per square foot of residential buildings fixed under clause (b) with the covered area of the buildings or open area of the land or both, as the case may be.
(b) in the case of a building or land not falling within the provisions of clause (a), twelve times the value arrived at on multiplying the carpet area of the building, or the area of the land, by the applicable minimum monthly rate of rent per square foot of the carpet area in the case of building or the applicable minimum monthly rate of rent per square foot of the area in the case of land, as the case may be, and for this purpose the minimum monthly rate of rent per square foot shall be such as may be fixed once in every two years by the executive officer of the Municipality on the basis of the location of the building or the land, nature of the construction of the building, the circle rate fixed by the Collector for the purpose of the Indian Stamp Act, 1899 and the current minimum rate of rent in the area for such building or land and such other factors, and in such manner, as may be prescribed :
Provided that where the annual value of any building would, by reason of exceptional circumstances, in the opinion of the Municipality, be excessive if calculated in the aforesaid manner, the Municipality may fix the annual value at any less amount which appears to it equitable.
Explanation I.-For the purpose of calculation of annual value the carpet area shall be calculated as under:
(i) Rooms-full measurement of internal dimension;
(ii) Covered Verandah-full measurement of internal dimension;
(iii) Balcony, Corridor, Kitchen and Store-50 per cent measurement of internal dimension;
(iv) Garage-one-fourth measurement of internal dimension;
(v) Area covered by bathroom, latrines, portico and staircase shall not form part of the carpet area.
Explanation II.- The standard rent, the agreed rent or the reasonable annual rent of a building for the purposes of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 shall not be taken into account while calculating the annual value of the building.
(2) Where the Municipality so resolves, the annual value for the purpose of assessment of property taxes shall-
(a) in the case of land and owner-occupied residential building which is not more than ten years old, be deemed to be 25 per cent less and if it is more than ten years but not more than twenty years old, be deemed to be 32.5 percent less, and if it is more than twenty years old, be deemed to be 40 per cent less than the annual value determined under clause (b) of sub-section (1); and
(b) in the case of residential building let on rent, which is not more then ten year old, be deemed to be 25 per cent more and if it is more than ten years but not more than twenty years old, be deemed to be 12.5 per cent more than the annual value determined under clause (b) of sub-section (1), and if it is more than twenty years old, be deemed to be equal to the annual value determined under clause (b) of sub-section (1).]
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2. Subs. by U.P. Act No.8 of 2011. Prior to substitution, it stood as under :
140. Definition of annual value.-(1) "Annual value" means,-
(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories, and other such buildings, a proportion not exceeding five per centum to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building to the estimated value of the land appurtenant thereto; and
(b) in the case of a building or land not falling within the provisions of clause (a), the gross annual rent for which such building, exclusive of furniture or machinery therein, or such land is actually let or where the building or land is not let or in the opinion of the Municipality is let for a sum less than its fair letting value, might reasonably be expected to let from year to year.
(2) Provided that where the annual value of any building would by reason of exceptional circumstances, in the opinion of the Municipality be excessive if calculated in the aforesaid manner, the Municipality may fix the annual value of any less amount which appears to it equitable.
The Municipality or the Executive Officer authorised by it in this behalf, shall cause areawise rental rates and an assessment list in the municipal area or part thereof to be prepared from time to time in accordance with the manner prescribed in the rules.]
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5. Subs. by U.P. Act No.8 of 2011. Prior to substitution, it stood as under:
141. Preparation of assessment list.-(1) When a tax on buildings or lands or both is imposed, the Municipality shall cause an assessment list of all buildings or lands or both in the municipal area or any part thereof to be prepared from time to time containing,-
(a) the name of the street or mohalla in which the property is situated;
(b) the designation of the property, either by name or by number sufficient for identification;
(c) the names of the owner and occupier, if known;
(d) the annual letting value or other particulars determining the annual value; and
(e) the amount of the tax assessed thereon.
(2) For the purpose of making such assessment list, the Municipality may, from time to time appoint, with or without remuneration, any person or persons, whether members or not, and the person or persons so appointed may, for such purpose make an inspection of any property concerned.
Notwithstanding anything to the contrary in any other provision of this Act, the owner or occupier primarily liable for payment of tax in respect of a building may himself assess every year his liability regarding the amount of property tax payable by him and in doing so he may himself determine the annual value of the building in accordance with the provisions of Section 140, and deposit the tax so assessed by him in such manner, together with a statement of such self-assessment, in such form as may be prescribed.
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3. Ins. by U.P. Act No.8 of 2011.
(1) For the purposes of annual rental value, the owner or the occupier of every house or land shall submit a return thereof upto a date as may be prescribed.
(2) Any person failing to submit the return referred to in sub-section (1) without proper reasons shall be liable to pay penalty as may be prescribed.
(3) The penalty referred to in sub-section (2) may be compounded by the Executive Officer.]
The Municipality or the Executive Officer authorized by it in this behalf shall publish the list prepared under Section 141 in accordance with the manner prescribed in the rules.]
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1. Subs. by U.P. Act No.8 of 2011. Prior to substitution, it stood as under:
142 Publication of list-When the assessment list has been prepared the Municipality shall give public notice of the place where the list or a copy thereof may be inspected; and every person claiming to be either owner or occupier or property included in the list, and an agent of such person, shall be at liberty to inspect the list and to make extract therefrom without charge.
The Municipality or the Executive Officer authorised by it in this behalf shall dispose off the objections in accordance with the manner prescribed in the rules.]
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2. Subs. by U.P. Act No.8 of 2011. Prior to substitution, it stood as under:
143. Objections to entries in list.-(1) The Municipality shall at the same time give public notice of a date, not less than one month thereafter, when it will proceed to consider the valuations and assessments entered therein, and in all cases in which any property is for the first time assessed or the assessment is increased, it shall also give notice thereof to the owner or occupier of the property, if known.
(2) All objections to valuations and assessments shall be made to the Municipality, before the date fixed in the notice, by application in writing stating the grounds on which the valuation and assessment are disputed, and all applications so made shall be registered in a book to be kept by the Municipality for the purpose.
(3) The Municipality, or a committee empowered by delegation in this behalf, or an officer of Government or the Municipality to whom, with the permission of the Prescribed Authority the Municipality delegates, and it is hereby empowered so to delegate by resolution, powers in this behalf, shall, after allowing the applicant an opportunity of being heard in person or by agent,-
(a) investigate and dispose of the objections;
(b) cause the result thereof to be noted in the book kept under sub-section (2); and
(c) cause any amendment necessary in accordance with such result to be made in the assessment list.
(1) The Executive Officer or an officer authorised by him in this behalf, shall authenticate by his signature the areawise rental rates and the assessment list of the municipal area or any part thereof, as the case may be.
(2) Every list so authenticated shall be deposited in the office of the Municipality.
(3) As soon as the list for the entire municipal area is so deposited it shall be declared by public notice to be open for inspection.]
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6. Subs. by U.P. Act No.8 of 2011. Prior to substitution, it stood as under:
144. Authentication and custody of list.-(1) When all objections made under Section 143 have been disposed of, and all amendments required by sub-section (3) of that section have been made in the assessment list, the said list shall be authenticated by the signature of the President or, in the case of delegation under Section 143 to a committee or to an officer of Government or of the Municipality, by the signatures of not less than two members of such committee or by the signature of the officer aforesaid; and the person or persons so authenticating the list shall certify the consideration of all objections duly made and the amendment of the list so far as required by the decisions on such objections.
(2) The list so authenticated shall he deposited in the municipal office, and shall, thereupon, be declared by public notice to be open for inspection.
(1) A new assessment list shall ordinarily be prepared in the manner prescribed by Sections 141 to 144, once in every five years.
(2) Subject to any alteration or amendment made under Section 147 and to the result of any appeal under Section 160, every valuation and assessment entered in a valuation list shall be valid from the date on which the list takes effect 1[in the 2[municipal area] or part thereof and until the first day of the month next following the completion of the new list].
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1. Subs. by U.P. Act No.3 of 1987.
2. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything contained elsewhere in this Act the 6[Municipality] may by special resolution decide that the taxable value of buildings and lands determined under clause (ii) of Section 4 of the Uttar Pradesh (Nagar Khsettra) Bhumi Aur Bhawan Kar Adhiniyam, 1962, shall be the annual value for the purpose of this Act.]
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5. Ins. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
(a) for any purpose connected with a tax to which the list refers, of the amount leviable in respect of any building or land during the period to which the list relates; and
(b) for the purpose of assessing any other municipal tax, of the annual value of any building or land during the said period.
(1) The 7[Municipality or the Executive Officer authorised by it] may at any time alter or amend the assessment list,-
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7. Subs. by U.P. Act No.8 of 2011, for "Municipality".
(a) by entering therein the name of any person or any property which ought to have been entered or any property which has become liable to taxation after the authentication of the assessment list; or
(b) by substituting therein for the name of owner or occupier of any property the name of any other person who has succeeded by transfer or otherwise to the ownership or occupation of the property; or
(c) by enhancing the valuation of, or assessment on any property which 1[has become incorrectly valued or assessed or which, by reason of fraud, misrepresentation or mistake, has been incorrectly valued or assessed]; or
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1. Subs. by U.P. Act No.3 of 1987.
(d) by re-valuing or re-assessing any property the value of which has been increased by additions or alterations to buildings; or
(e) where the percentage on the annual value at which any tax is to, be levied has been altered by the 2[Municipality or the Executive Officer authorised by it] under the provisions of Section 136, by making a corresponding alteration in the amount of the tax payable in each case; or
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2. Subs. by U.P. Act No.8 of 2011, for "Municipality".
(f) by reducing, upon the application of the owner or on satisfactory evidence that the owner is traceable and the need for reduction established, upon its own initiative, the valuation of any building which has been wholly or partly demolished or destroyed, or
(g) by correcting any 3[Clerical, arithmetical or other apparent error :]
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3. Subs. by U.P. Act No.1 of 1955.
(2) Provided that 4[Municipality or the Executive Officer authorised by it] shall give at least one month's notice to any person interested of any alteration which the 5[Municipality or the Executive Officer authorised by it] proposes to make under clauses (a), (b), (c) or (d) of sub-section (1) and of the date on which the alteration will be made.
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4. Subs. by U.P. Act No.8 of 2011, for "Municipality".
5. Subs. by U.P. Act No.8 of 2011, for "Municipality".
(3) The provisions on sub-sections (2) and (3) of Section 143 applicable to the obligations thereunder mentioned shall, so far as may be, apply to any objection made in pursuance of a notice issued under sub-section (2) and to any application made under clause (f) of sub-section (1).
(4) Every alteration made under sub-section (1) shall be authenticated by the signature or signatures of the person or persons authorized by Section 144 and subject to the result of an appeal under Section 160, shall take effect from the date on which the next instalment falls due.
(1) When a building is built, rebuilt or enlarged, the owner shall give notice thereof to the 2[Municipality] within fifteen days from the date of completion of such building, rebuilding or enlargement or from the date of the occupation of such building, whichever date happens first.
(2) Any person failing to give the notice required by sub-section (1) shall be punished upon conviction with a fine which may extend to fifty rupees or ten times the amount of the tax payable on the said building or enlargement for a period of three months, whichever is greater.
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2. Subs. by U.P. Act No. 12 of 1994.
(1) 4[Except when otherwise provided by rule], every tax [other than a scavenging tax or tax for the cleansing of latrines and privies] on the annual value of buildings or lands or of both shall be leviable primarily from the actual occupier of the property upon which the said taxes are assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the 5[Government] or from the 6[Municipality], or on a building or lease from any person.
(2) In any other case the tax shall be primarily leviable as follows, namely,-
(a) if the property is let, from the lessor;
(b) if the property is sublet, from the superior lessor;
(c) if the property is unlet, from the person in whom the right to let the same vests.
(3) On failure to recover any sum due to account of such tax from the person primarily liable, the 7[Municipality or the Executive Officer authorised by it] may recover from the occupier of any part of the buildings or lands in respect of which it is due, that portion thereof which bears to the whole amounts due the same ratio as the rent annually payable by such occupier bears to the aggregate amount of rent payable in respect of the whole of the said buildings or lands, or to the aggregate amount of the letting value thereof in the authenticated assessment list.
(4) An occupier who makes any payments for which he is not primarily liable under the foregoing provisions, shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person primarily liable.
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4. Ins. by U.P. Act No.2 of 1919.
5. Subs. by ALO 1950.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No.8 of 2011, for "Municipality".
(1) A scavenging tax, or a tax for the cleansing of latrines and privies, on the annual value of buildings or lands or of both, shall be levied from the actual occupier of the property upon which the taxes are assessed.
(2) Provided that, where such property is let to more occupiers than one, the 1[Municipality] may at its option levy the tax from the lessor instead of from the actual occupiers.
(3) A lessor from whom a tax is levied under sub-section (2) may, in the absence of a contract to the contrary, recover the tax from any or all of the actual occupiers.
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1. Subs. by U.P. Act No. 12 of 1994.
(1) In a 2[municipal area] other than one situated wholly or partly in a hilly tract, when a building or land has remained vacant and unproductive of rent for ninety or more consecutive days during any year the 3[Municipality] shall remit or refund so much of the tax of that year as may be proportionate to the number of days that the said building or land has remained vacant and unproductive of rent.
(2) When in any such 4[municipal area] a building consists of separate tenements one, or more than one, of which has remained vacant and unproductive of rent for any such period as aforesaid, the 5[Municipality] may remit or refund such portion (if any) of the tax or instalment as is prescribed by rule.
(3) Provided that no remission shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the 6[Municipality], and that no remission or refund shall take effect for any period previous to the day of the delivery of such notice.
(4) The burden of proving the facts entitling a person to relief under this section shall be upon him.
(5) For the purposes of this section a building or land shall not be deemed vacant, if maintained as a pleasure resort or town or country house, or be deemed unproductive of rent, if let to a tenant who has a continuing right of occupation thereof, whether he is in actual occupation or not.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(1) The owner or a building or land for which a remission or refund of the tax 1[has been applied for, or given] under the last preceding section, shall give notice of the re-occupation of such building or land within fifteen days of such re-occupation.
(2) Any owner failing to give the notice required by sub-section (1) shall be punished upon conviction with a fine which shall not be less than twice the amount of tax payable on such building or land for the period during which it has been re-occupied without notice, and which may extend to fifty rupees or to ten times the amount of the said tax, whichever sum is the greater.
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1. Subs. by U.P. Act No.26 of 1964.
The following matters shall be regulated and governed by rules except in so far as provision therefor is made by this Act, namely,-
(a) the assessment, collection or composition of taxes 2[* * *];
(b) the prevention of evasion of taxes;
(c) the system on which refunds shall be allowed and paid;
(d) the fees for notices demanding payments on account of a tax and for the execution of warrants of distress;
(e) the rates to be charged for maintaining live-stock distrained; and
(f) any other matter relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is, in the opinion of the 3[State Government], necessary.
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2. Omitted by U.P. Act No.9 of 1991.
3. Subs. by ALO 1950.
(1) Subject to the provisions of any rule, a 5[Municipality] may by a special resolution confirmed by the 6[Prescribed Authority] provide that all or any persons may be allowed to compound for a tax.
(2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recoverable in the manner provided by Chapter VI.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No.7 of 1949.
(1) A 1[Municipality] may exempt, for a period not exceeding one year, from the payment of a tax, or any portion of a tax, imposed under this Act any person who is in its opinion, by reason of poverty, unable to pay the same, and may renew such exemption as often as it deems necessary.
(2) A 2[Municipality] may, by a special resolution confirmed by the 3[Prescribed Authority], exempt from the payment of tax, or any portion of a tax, imposed under this Act any person or class of persons or any property or description of property.
(3) The 4[State Government] may, by order, exempt from payment of tax, or any portion of a tax, imposed under this Act any person or class of persons or any property or description of property.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No.7 of 1949.
4. Subs. by ALO 1950.
5[(1) The 6[Municipality] or any Assessing Authority under this Act may by written communication call upon an inhabitant of the 7[municipal area] to furnish such information or produce such records, books of account and documents as may be necessary in order to ascertain],-
(a) whether such inhabitant is liable to pay a tax imposed under this Act;
(b) at what amount he should be assessed;
(c) the annual value of the building or land which he occupies and the name and address of the owner.
8[(2) If an inhabitant so called upon to furnish information or to produce records, books of account or documents, omits to furnish or produce the same or, if furnished or produced, the same appear to the 9[Municipality] or the Assessing Authority to be incorrect or incomplete, the 10[Municipality] or the Assessing Authority, as the case may be, shall after making such enquiry as it considers necessary make the assessment to the best of its judgment.]
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5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 26 of 1964.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
Subject to the conditions and restrictions specified in sub-section (2) of Section 287, the 11[president], the executive officer and, if authorized in this behalf by resolution, any other member, officer or servant of the 12[Municipality] may enter, inspect and measure a building for the purposes of valuation, or enter and inspect a stable, coach house or other place wherein there is reason to believe that there is a vehicle or animal liable to taxation under this Act.
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11. Subs. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
In computing the amount of any tax under this Act a fraction of a rupee less than five paise or which is not a multiple of five paise shall be rounded off to five paise or to the next higher multiple of five paise as the case may be.]
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1. Ins. by U.P. Act No. 26 of 1964.
(1) In the case of a tax assessed upon the annual value of buildings or lands or both an appeal against an order passed under sub-section (3) of Section 143 or under sub-section (3) of Section 147, and, in the case of ant other tax, an appeal against an assessment, or any alteration of an assessment, may be made the District Magistrate or to such other officer as may be empowered by the 2[State Government] in this behalf.
(2) 3[* * *]
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2. Subs. by ALO 1950.
3. Omitted by U.P. Act No. 12 of 1994.
No such appeal shall be heard and determined unless,-
(a) the appeal is in the case of a tax assessed on the annual value of buildings or lands or both, brought within thirty days next after the date of communication of the order (exclusive of the time requisite for obtaining a copy thereof) and, in the case of any other tax, within thirty days next after the date of the receipt of the notice of assessment or of alteration of assessment or, if no notice has been given, within thirty days next after the date of the first demand under the assessment or alteration of assessment; and
(b) the amount claimed from the appellant has been deposited by him in the municipal office.
(1) If, during the hearing of an appeal under Section 160, a question as to the liability to, or the principle of assessment of, a tax arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion of on the application of a person interested, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer the statement with his own opinion on the point for the decision of the High Court.
(2) On reference being made under sub-section (1), the subsequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), or such other rules as are made by the High Court under Section 122 of that Code.
(1) In every appeal the costs shall be in the discretion of the officer deciding the appeal.
(2) Costs awarded under this section to the 1[Municipality] shall be recoverable by the 2[Municipality] in the manner provided by Chapter VI.
(3) In the 3[Municipality] fails to pay costs awarded to an appellant within ten days after the date of the communication to the 4[Municipality] of the order or payment thereof, the officer awarding the costs may order the persons having the custody of the balance of the municipal fund to pay the amount.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
.-(1) No objection shall be taken to a valuation or assessment, nor shall the liability of a person to be assessed or taxed by questioned in any other manner or by any other authority than is provided in this Act.
(2) The order of the Appellate Authority confirming, setting aside or modifying an order in respect of valuation or assessment or liability to assessment or taxation shall be final; provided that it shall be lawful for the Appellate Authority, 5[upon application made within three months from the date of its original order on its own motion, to review an order passed by it in appeal by a further order; provided further that no order shall be reviewed by the Appellate Authority on its own motion beyond three months from its date].
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5. Subs. by U.P. Act No. 26 of 1964.
No assessment list or other list, notice, bill or other such document specifying, or purporting to specify, with reference to any tax, charge, rent or fee, any person, property, thing or circumstance shall be invalid by reason only of a mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstance, or by reason of any mere clerical error or defect of form, and it shall be sufficient that the person, property, thing or circumstance is described sufficiently for the purpose of identification, and it shall not be necessary to name the owner or occupier of any property liable in respect of a tax.
(1) As soon as a person becomes liable for the payment of,-
(a) any sum on account of tax, other than 1[any tax] payable upon immediate demand, or
(b) any sum payable under clause (c) of Section 196 or Section 229 or Section 230 in respect of the supply of water, or payable in respect of any other municipal service or undertaking, or
(c) any other sum declared by this Act or by rule 2[or bye-law] to be recoverable in the manner provided by this chapter, the 3[Municipality] shall, with all convenient speed cause a bill to be prescribed to the persons so liable.
(2) Unless otherwise provided by rule, a person shall be deemed to become liable for the payment of every tax and licence fee upon the commencement of the period in respect of which such tax or fee is payable.
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1. Subs. by U.P. Act No.9 of 1991.
2. Ins. by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
Every such bill shall specify,-
(a) the period for which, and the property, occupation, circumstances or thing in respect of which the sum is claimed, and
(b) the liability or penalty enforceable in default of payment, and
(c) the time (if any) within which an appeal may be referred as provided in Section 161.
If the sum for which a bill has been presented as aforesaid is not paid into the municipal office or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the 4[Municipality] may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form set forth in Schedule IV, or to the like effect.
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4. Subs. by U.P. Act No. 12 of 1994.
(1) If the person liable for the payment of the said sum does not, within fifteen days from the service of such notice of demand either,-
(a) pay the sum demanded in the notice, or
(b) show cause to the satisfaction of the 2[Municipality] or of such officer as the 3[Municipality] by regulation may appoint in this behalf, or, where there is an executive officer, of the executive officer, as the case may be, why he should not pay the same.
such sum with all costs of the recovery may be recovered under a warrant caused to be issued by the 4[Municipality] in the from of Schedule V, or to the like effect, by distress and sale of the movable property of the defaulter.
(2) Every warrant issued under this section shall be signed by the 5[President] of the 6[Municipality], or by an officer to whom the 7[Municipality] has delegated its power by regulation or by the executive officer, if any.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No.7 of 1949.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994
(1) It shall be lawful for a municipal officer to whom a warrant issued under Section 169 is addressed, to break open, at any time between sunrise and sunset any outer or inner door or window of a building, in order to make the distress directed in the warrant, in the following circumstances and not otherwise, -
(a) if the warrant contains a special order authorizing him in this behalf, and
(b) if he has reasonable grounds for believing that the building contains property which is liable to seizure under the warrant, and
(c) if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance.
(2) Provided that such officer shall not enter or break open the door of an apartment appropriated for women, until he has given any women therein an opportunity to withdraw.
(1) It shall also be lawful for such officer to distrain, wherever it may be found any movable property of the person therein named as defaulter, subject to the provisions of sub-sections (2) and (3).
(2) The following property shall not be distrained -
(a) the necessary wearing apparel and bedding of the defaulter, his wife, and children;
(b) the tools of artisans;
(c) books of account;
(d) when the defaulter is an agriculturist, his implements of husbandry, seed grain, and such cattle as may be necessary to enable him to earn his livelihood.
(3) The distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any article have been distrained which, in the opinion of a person authorized by or under sub-section (2) of Section 169 to sign a warrant, should not have been so distrained, they shall forthwith be returned.
(4) The officer shall on seizing the property forthwith make an inventory thereof, and shall before removing the same give to the person in possession thereof at tile time of seizure a written notice in the form of Schedule VI that the said property will be sold as shall be specified in such notice.
(1) When the property seized is subject to speedy and natural decay or when the expense of keeping it in custody together with the amount to be recovered is likely to exceed its value, the 1[President] or other officer by whom the warrant was signed, shall at once give notice to the person in whose possession the property was seized, to the effect that it will be sold at once, and shall sell it accordingly unless the amount named in the warrant be forthwith paid.
(2) If not sold at once under sub-section (1), the property seized, or a sufficient portion thereof, may, on the expiration of the time specified in the notice served by the officer executing the warrant, be sold by public auction under the orders of the 2[Municipality], unless the warrant is suspended by the person who signed it or the sum due from the defaulter is paid together with all costs incidental to the notice, warrant and distress and detention of the property.
(3) The surplus, if any, shall be forthwith credited to the municipal fund, notice of such credit being given at the same time to the person from whose possession the property was taken, but, if the same be claimed by written application to the 3[Municipality] within one year from the date of the notice, a refund thereof shall be made to such person. Any sum not claimed within one year from the date of such notice shall be the property of the 4[Municipality].
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1. Subs. by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) If no sufficient movable property belonging to a defaulter of being upon the premises, in respect of which he is assessed, can be found within the 6[municipal area], the District Magistrate may, on the application of the 7[Municipality], issue his warrant to an officer of his Court,-
(a) for the distress and sale of any movable property or effects belonging to the defaulter within any other part of the jurisdiction of the Magistrate, or
(b) for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other Magistrate exercising jurisdiction within Uttar Pradesh.
(2) In the case of action being taken under clause (b) of sub-section (1), the other Magistrate shall endorse the warrant so issued, and cause it to be executed, and any amount recovered to be remitted to the Magistrate issuing the warrant, who shall remit the same to the 1[Municipality].
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994
(1) Where any sum is due on account of a tax, other than 3[any tax] payable upon immediate demand, from a person to a 4[Municipality], the 5[Municipality] may without prejudice to any other mode of recovery apply to the Collector to recover such sum together with costs of the proceedings as if it were an arrear of a land revenue.
(2) The Collector on being satisfied that the sum is due shall proceed to recover it is an arrear of land revenue.]
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2. Ins. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No.9 of 1991.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
Fees for,-
(a) every notice issued under Section 168;
(b) every distress made under Section 171; and
(c) the costs of maintaining any live stock seized under the said section;
shall be chargeable at the rates respectively specified in such behalf in rules made by the 7[State Government], and shall be included in the costs of recovery to be levied under Section 169.
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7. Subs. by ALO 1950.
No distress or sale made under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any error, detect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.
Instead of proceeding by distress and sale, of in case of failure to realize thereby the whole or any part of the demand, the 1[Municipality] may sue the person liable to pay the same in any Court of competent jurisdiction.
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1. Subs. by U.P. Act No. 12 of 1994.
All sums due on account of a tax imposed on the annual value of buildings or lands or of both shall, subject to the prior payment of the land revenue (if any) due to the Government thereupon, be a first charge upon such buildings or lands.
(1) Before beginning, within the limits 2[municipal area],-
(a) to erect a new building or new part of a building, or
(b) to re-erect, or make a material alteration in a buildings, or
(c) to make or enlarge a well;
a person shall give notice of his intention to the 3[Municipality].
(2) The notice referred to in sub-section (1) as required in the case of a building shall only be necessary where the building, abuts on, or is adjacent to, a public street or place, or property vested in Government, or in the 4[Municipality], unless, by a bye-law applicable to the area in which the building is situated, the necessity of giving notice is extended to all buildings.
(3) An alteration in a building shall, for the purposes of this chapter and of any bye-law, be deemed to be material, if,-
(a) it affects or is likely to affect prejudicially the stability or safety of the building or the condition of the building in respect of drainage, ventilation, sanitation or hygiene, or
(b) it increases or diminishes the height of, area covered by or cubical capacity of the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law, or
(c) it converts into a place for human habitation a building or part of a building originally constructed for other purposes, or
(d) it is an alteration declared by a bye-law made in this behalf to be a material alteration.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) Where a bye-law has been made prescribing and requiring any information and plan in addition to a notice, no notice under Section 178 shall be considered to be valid until the information, if any, required by such bye-law has been furnished to the satisfaction of the 1[Municipality].
(2) In any other case, the 2[Municipality] may, within one week of the receipt of the notice required by Section 178, require a person who has given such notice to furnish a plan and specification of any existing or proposed building, or part of a building, or well together with a site plan of the land, with such reasonable details as the 3[Municipality] may prescribe in its requisition, and in such ease, the notice shall not be considered to be valid until such plans and specification have been furnished to the satisfaction of the 4[Municipality].
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) Subject to the provisions of any bye-law the 6[Municipality] may either refuse to sanction any work of which notice has been given under Section 178 or may sanction it absolutely or subject to,-
(a) any written directions that the 7[Municipality] deems fit to issue in respect of all or any of the matters mentioned in sub-head (h) of heading A of Section 298, or
(b) a written direction requiring the set-back of the building or part of a building to the regular line of the street prescribed under Section 222, or, in default of any regular line prescribed under that Section, to the line of frontage of any neighbouring building or buildings.
(2) In the case of refusal to sanction under sub-section (1), the 8[Municipality] shall communicate in writing the reasons for such refusal to the person giving notice under Section 178.
(3) Should the 9[Municipality] neglect or omit for one month after the receipt of a valid notice under Section 178 to make and deliver to the person who has given such notice an order of the nature specified in sub-section (1) in respect thereof, such person may by a written communication call the attention of the 10[Municipality] to the omission of neglect, and, if such omission or neglect continues for a further period of fifteen days, the 11[Municipality] shall be deemed to have sanctioned the proposed work absolutely.
(4) Provided that nothing in sub-section (3) shall be construed to authorise any person to act in contravention of this Act or of any bye-law.
1[(5) No person shall commence any work of which notice has been given under Section 178 until sanction has been given or deemed to have been given under this section.]
2[(6) The 3[Municipality] may within six months cancel or modify a sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or misrepresentation and any work done thereunder shall be deemed to have been done without such sanction:
Provided that before cancelling or modifying any sanction, the 4[Municipality] shall give a reasonable opportunity to the party concerned of being heard.]
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
1. Ins. by U.P. Act No.2 of 1919.
2. Added by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything contained in this Act, or any bye-law made thereunder, the construction of, or any addition to any building of public entertainment or any addition thereto, shall not, except with the previous approval of the State Government, be sanctioned by a 7[Municipality], if the site of, or proposed for such building is,-
(a) within a radius of one furlong from-
(i) any residential institution attached to a recognized educational institution such a college, a high school or girls' school, or
(ii) a public hospital with a large indoor patient ward, or
(iii) an orphanage containing one hundred or more in mates; or
(b) in any thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from business purposes; or
(c) in any area reserved for residential purposes by any housing or planning scheme or otherwise under any enactment :
Provided that no permission to construct any building intended to be used for cinematograph exhibition shall be given unless the 8[Municipality] is satisfied that sanction to the plans and specifications have been obtained in accordance with the rules famed under the Cinematograph Act, 1918.
9[* * *]
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Explanation omitted by U.P. Act No.7 of 1953.
(1) A sanction given or deemed to have been given by a 1[Municipality] under 2[Section 180] shall be available for one year or for such lesser period as may be prescribed by bye-law 3[unless it is extended by the 4[Municipality] for a further period up to one year.]
(2) After the expiry of the said period the proposed work may not be commenced except in pursuance of a fresh sanction applied for and granted under the 5[same] section.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No.1 of 1955.
3. Ins. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No.1 of 1955.
The 7[President], the executive officer and if authorised in this behalf by resolution any other member, officer or servant of the 8[Municipality] may, at any time and without warning inspect any work in respect of which notice is required under Section 178,-
(a) while under construction, or
(b) within one month of the receipt of a report that it has been completed or, in default of such report, any time after completion.
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7. Subs. by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything contained in Section 125, a person giving notice under Section 178, shall not be entitled to any compensation for damage or loss sustained by reason of an order passed by a 9[Municipality] under Section 180, unless,-
(a) the order is passed on some ground other than the proposed work would contravene a bye-law or be prejudicial to the health or safety of the public or any person, or
(b) the order contains a direction of the nature specified in clause (b) of sub-section (1) of Section 180, or
(c) the order is an order of refusal to sanction the re-erection of a building on the ground that it is unsuitable in plan or design to the locality, or is intended for a purpose unsuitable to the locality, or contravenes a bye-law under sub-head (f) of heading A of Section 298.
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9. Subs. by U.P. Act No. 12 of 1994.
(1) A sanction given or deemed to have been given under Section 180 shall not, beyond exempting the person to whom the sanction is given or deemed to have been given from any penalty or consequence to which he would otherwise be liable under Sections 185, 186 or 222, confer or extinguish any right or disability, or operate as an estoppel or admission or affect any title to property or have any other legal effect whatsoever.
(2) In particular such sanction shall not operate to relieve any person from the obligation imposed by Section 209 to obtain separate sanction for any structure referred to therein.
Whoever begins, continues or completes the erection or re-erection of, or any material alteration in a building or part of a building or the construction or enlargement of a well, without giving the notice required by Section 178, or in contravention 1[of the provisions of Section 180, sub-section (5) or], of an order of the 2[Municipality] refusing sanction or any written directions made by the 3[Municipality] under Section 180 or any bye-law, shall be liable upon conviction to a fine which may extend to 4[ one thousand rupees but which, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, shall not be less than two hundred and fifty rupees].
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1. Ins. by U.P. Act No.2 of 1919.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 26 of 1964.
The 3[Municipality] may at any time by written notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building or part of a building or the construction or enlargement of a well thereon in any case where the 4[Municipality] considers that such erection, re-erection, alteration, construction or enlargement is an offence under Section 185 and may, in like manner, direct the alteration or demolition as it deems necessary of the building, part of a building, or the well, as the case may be.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
The 7[Municipality] may establish and maintain a fire-brigade and may provide any implements, machinery, or means of communicating intelligence which it thinks necessary for the prevention and extinction of fire.
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7. Subs. by U.P. Act No. 12 of 1994.
(1) On the occasion of a fire in a 8[municipal area] any Magistrate, any member of the 9[Municipality], the executive officer, the engineer or a secretary of the 1[Municipality], or any member of the fire-brigade directing its operations and (if required so to do by a Magistrate, a member of the 2[Municipality], the executive officer, the engineer or a secretary of the 3[Municipality]), any police officer above the rank of constable, may,-
(a) remove, or order the removal of, any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which a fire is burning;
(c) for the purpose of extinguishing the fire, break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of hoses or other appliances any premises;
(d) cause mains and pipes to be shut off as to give greater pressure of water in or near the place where the fire has occurred;
(e) call on the person in-charge of a fire-engine to render such assistance as may be possible; and
(f) generally take such measures as may appear necessary for the preservation of life or property.
(2) No person shall be liable to pay damages for an act done by him under sub-section (1) in good faith.
(3) Any damage done in the exercise of a power conferred for a duty imposed by this section shall be deemed to be damaged by fire within the meaning of a policy of insurance against fire.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
(1) The 4[Municipality] may construct, within, or, subject to the provisions of sub-section (2) of Section 120, outside the 5[municipal area], such drain as it thinks necessary for keeping the 6[municipal area] properly cleansed and drained and carry such drains through, across or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through or under any buildings or land.
(2) Provided that no drain shall be constructed within the limits of a cantonment without the approval of the 7[State Government] and otherwise than with the concurrence of the General Officer Commanding of the division in which such cantonment is situate or, in the event of such concurrence being withheld, the previous sanction of the 8[Central Government].
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 or 1994.
7. Subs. by ALO 1950.
8. Subs. by ALO 1950.
(1) The 9[Municipality] may, from time to time, enlarge, lessen, alter the course of, cover in or otherwise improve a public drain and may discontinue, close up or remove any such drain.
(2) The exercise of the power conferred by sub-section (1) shall be subject to the condition that the 1[Municipality] shall provide another and equally effective drain in place of any existing drain of the use of which any person is deprived by the exercise of the said power.
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9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
(1) The owner or occupier of a building or land within the 2[municipal area] shall be entitled to cause his drains to empty into the drains of the 3[Municipality], provided that he first obtains the written permission of the 4[Municipality], and that he complies with such conditions consistent with any bye-law as the 5[Municipality] prescribes as to the mode in which, and the superintendence under which the communications are to be made between drains not vested in the 6[Municipality] and drains which are so vested.
(2) Whoever, without the written permission of the 7[Municipality] or in contravention of any bye-law or of any direction or condition made or imposed under sub-section (1), makes or causes to be made or alters or causes to be altered, a connection of a drain belonging to himself or to some other person with a drain vested in the 8[Municipality], shall be liable upon conviction to a fine which may extend to fifty rupees, and the 9[Municipality] may by written notice require such person to close, demolish, alter, remake or otherwise deal with such connection as it deems fit.
_________________________
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
(1) When a building or land situated within one hundred feet of a public drain is at any time not drained to the satisfaction of the 11[Municipality] by any or a sufficient drainage connection with such drain the 12[Municipality] may, by notice require the owner or occupier of such building or land to make and maintain a drainage connection with the drain in such manner as the 13[Municipality], subject to the provisions of any bye-law directs.
(2) The provisions of Sections 306 to 312 (inclusive) shall apply to default in compliance with any such requisition, notwithstanding that part of the land through which the said drainage connection is required to pass may not belong to the person so making default, unless he shall prove that the default was caused by the act of the owner or occupier of such last mentioned land, and he has made application to the 14[Municipality] under Section 193.
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10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
14. Subs. by U.P. Act No. 12 of 1994.
(1) Any person desiring that an existing or proposed drain on his land shall be carried through or under the building or land, or connected with the drain, of another person owning a building or land abutting on, or a drain connected with a municipal drain my apply to the 1[Municipality].
(2) The 2[Municipality] on receiving an application under sub-section (1) may call upon the other person to show cause, within specified period, why the applicant's drain should not be carried through or under his building or land or connected with his drain.
(3) The 3[Municipality] shall hear any objection made by such person if submitted within the specified period, and thereafter, if it considers that the drain or drainage connection shall be made, shall record and order to this effect.
(4) The order shall set out in writing,-
(a) the period within which the parties shall come to an agreement as to the construction of the drain or drainage connection;
(b) the period within which the drain or drainage connection shall be made;
(c) the respective responsibilities on the parties concerned for the maintenance, repair and cleansing of the drain or drainage connection when made; and
(d) the sum (if any) payable, whether in the form of rent or otherwise, by the person making the application to the owner of the land, building or drain, as the case may be.
(5) If the sum awarded under clause (d) of sub-section (4) takes the form of a lump payment, the 4[Municipality] may recover it in the manner provided by Chapter VI and pay any sum recovered to the person to whom it is due. If a rent has been awarded, the person to whom it is due may recover it by suit in any civil court having jurisdiction.
(6) If the parties concerned fail to agree within the period specified in the order, or if the drain or drainage connection is not constructed within the period specified for its construction, the 5[Municipality] may itself construct it and may recover the cost from the applicant in the manner provided by Chapter VI.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
The owner of any land into, through or under which a drain has been carried under the provisions of the preceding section may, at any time, with the written permission of the 6[Municipality] and subject to such conditions as the 7[Municipality] impose, divert the drain at his own expense.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
House-scavenging means the removal of filth, rubbish, odour or other offensive matter from the dust-bin, privy, cesspool or other receptable for such matter in or pertaining to a house or a building.
Subject to the provisions hereinafter contained with respect to the rights of customary sweepers and of agriculturists, the 2[Municipality] may,-
(a) by public notice, undertake the house-scavenging of any houses or buildings or the 3[collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in the 4[municipal area] from a date not less than two months after issue of the notice;
(b) after giving, by public notice or otherwise not less than two months notice to the parties concerned, relinquish an undertaking under clause (a);
(c) on the application or with the consent of the occupier, at any time undertake the house-scavenging of a house or building or the 5[collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools] in any building or on any land or the removal of other offensive matter or rubbish from a building or land, on terms to be fixed by bye-law in this behalf; and
(d) after giving not less than two months notice to the occupier, relinquish an undertaking under clause (c).
_________________________
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 26 of 1964.
(1) The occupier of a house or building affected by a notice issued under clause (a) of Section 196 may at any time after the issue thereof, apply to the 6[Municipality] to exclude that house or building from the notice.
(2) The 7[Municipality] shall consider and pass orders upon such application within six weeks of the receipt thereof, and may by such order exclude such house or building from the notice.
(3) In deciding whether to exclude a house or building from the notice, the 8[Municipality] shall consider, among other matters, the efficiency of the arrangements for house-scavenging made by the occupier.
Continuance of house-scavenging once adopted by 9[Municipality]. When the 10Municipality] has undertaken the house-scavenging of a house or building under Section 196, it may continue to perform such house- scavenging with or without the consent of the occupier far the time being of such house or building.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
The servants of the 11[Municipality] employed in house-scavenging may, at all reasonable times, do all things necessary for the proper performance of any house scavenging undertaken by the 1[Municipality].
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11. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything in Section 196, the 2[Municipality] shall not, except in accordance with the provisions of Sections 201 and 202,-
(a) undertake the house-scavenging of a house or building in respect whereof a sweeper has a customary right to do such house-scavenging without the consent of the sweeper; or
(b) undertake the house-scavenging of a house or building occupied by an agriculturist who himself cultivates a land within 3[municipal area] or in a village coterminous therewith without the consent of the occupier.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
(1) Should a sweeper who has a customary right to do the house-scavenging of a house or building (hereinafter called the customary sweeper) fail to perform such house-scavenging in a proper way the occupier of the house or building or the 4[Municipality] may complain to a Magistrate.
(2) The Magistrate receiving such complaint shall hold an enquiry, and, should it appear to him that the customary sweeper has failed to perform the house-scavenging of the house or building in a proper way or at reasonable intervals, he may impose upon such sweeper a fine which may extend to ten rupees, and upon a second or any later conviction in regard to the same house or building may also direct the right of the customary sweeper to do the house-scavenging of the house or building to be forfeited, and thereupon such right shall be forfeited [:]5
6[Provided that the Magistrate may at any stage during the pendency of the case under this sub-section authorise the 7[Municipality] to undertake the house-scavenging of such house or building till final orders in the case are passed by him].
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 26 of 1964.
6. Ins. by U.P. Act No. 26 of 1964.
7. Subs. by U.P. Act No. 12 of 1994.
(1) Should an agriculturist who himself cultivates land within 8[municipal area] or in a village coterminous therewith fail to provide for the proper house-scavenging of a house or building occupied by him, the 9[Municipality] may complain to a Magistrate.
(2) The Magistrate receiving the complaint shall hold an inquiry and should it appear to him that the agriculturist has not provided for the proper house-scavenging of the house or building, he may pass an order empowering the 10[Municipality] to undertake the same, and thereupon the 11[Municipality] shall be entitled to undertake such house-scavenging.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
Provisions of laying out and making a street before the construction of a building on a site which does not abut a public or private street.1[Except where a site abuts a public or private street, if any person owning or possessing any land not hitherto used for building purposes intends to utilise, sell, lease or otherwise transfer such land or any portion thereof as site for the construction of a building, he shall, before utilising, selling, letting or otherwise transferring such site, layout and make a street which shall connect such site with an existing public or private street].
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1. Subs. by U.P. Act No.7 of 1949.
(1) Every person before beginning to lay out or make a new private street shall submit an application in writing to the 4[Municipality] seeking permission to layout or make such street and shall, alongwith such application, submit plans showing the following particulars,-
(a) the proposed level, direction and width of the street;
(b) the street alignment and the building line and shall also state in the application the arrangements to be made for the levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting of the street.
(2) The provisions of this Act and of any rules or bye-laws made thereunder as to the level and width of a public street and the height of a building abutting thereon shall apply to the case of a street referred to in sub-section (1), and all other particulars referred to in that sub-section shall be subject to the approval of the 5[Municipality].
(3) Within 60 days after the receipt of an application under sub-section (1) the 6[Municipality] shall either sanction the laying out or the making of the street on such conditions as it may think fit to impose or disallow it, or ask for further information with respect to it within a specified reasonable period.
(4) Such sanction may be refused,-
(i) if the proposed street would conflict with any arrangements which have been made or which are in the opinion of the 7[Municipality], likely to be made for carrying out any general scheme of street improvement, or
(ii) if the proposed street does not conform to the provisions of the Act, rules and bye-laws referred to in sub-section (2), or
(iii) if the proposed street is not designed so as to connect at least at one end with a public or a private street which is already connected with a public street.
(5) No person shall lay out or make any new private street or road without, or otherwise than in conformity with the orders of the 1[Municipality]. If further information is asked for under sub-section (3) the laying out or making of the street shall not be commenced until orders have been passed on the application after receipt of such information:
Provided that the passing of such order shall not in any case be delayed by more than 30 days after the 2[Municipality] has received all the informations which it considers necessary for the final disposal of the application.]
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3. Subs. by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
Should the 5[Municipality] neglect or omit for 60 days after the receipt of an application under sub-section (1) of Section 204 or if an order has been issued under sub-section (3) asking for further information, fail within a period specified in such order to deliver to the person who has submitted the application, particulars of the information required by the 6[Municipality], such person may, by a written communication, call the attention of the 7[Municipality] to the omission, neglect or failure, and if such omission, neglect or failure continues for a further period of 30 days, the 8[Municipality] shall be deemed to have sanctioned the laying out and making of the proposed street absolutely :
Provided that nothing contained herein shall be construed to authorise any person to act in contravention of any provisions of the Act or any bye-laws].
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3. Subs. by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) A sanction given or deemed to have been given by a 9[Municipality] under 10[Sections 204 and 205] shall be available for one year.
(2) After the expiry of the said period the proposed street may not be commenced except in pursuance of a further sanction applied for and granted under the foregoing sections.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No.7 of 1949.
Whoever begins, continues or completes the laying out or making of a street without giving the notice required by Section [204]11 or in contravention of any written directions made by the 12[Municipality] under Section 205 or any bye-law or any provision of this Act shall be liable upon conviction to a fine which may extend to five hundred rupees.
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11. Subs. by U.P. Act No.7 of 1949.
12. Subs. by U.P. Act No. 12 of 1994.
2[(1) If any person lays out or makes any street referred to in Section 204, without or otherwise than in conformity with the orders of the 3[Municipality], the 4[Municipality] may, notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing,-
(a) require the offender to show sufficient cause by a written statement signed by him and sent to the 5[Municipality] on or before such date as may be specified in the notice why such street should not be altered to the satisfaction of the 6[Municipality], or if such alteration be impracticable, why such street should not be demolished, or
(b) require the offender to appear before the 7[Municipality] either personally or by a duly authorised agent, on such day of such time and place as may be specified in the notice, and show cause as aforesaid.
(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the 8[Municipality], the 9[Municipality] may pass such order directing the alteration or demolition of the street as it thinks fit.]
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
.-(1) Subject to any rules made by the 11[State Government] prescribing the conditions for the sanction by a 12[Municipality] of projections over streets or drains, a 13[Municipality] may give written permission, where provision is made by a bye-law for the giving of such permission,-
(a) to the owners or occupiers of buildings in or on streets to erect or re-erect open verandahs, balconies, or rooms, to project over the street from any upper storey thereof, at such height from the surface of the street, and to such an extent beyond the line of the plinth or basement wall as are prescribed in such bye-laws; and
(b) to the owner or occupier of any building or land to erect or re-erect any projection or structure so as to overhang, project into, or encroach on or over a drain in a street to such an extend, and in accordance with such conditions, as are in like manner prescribed.
(2) In giving permission, under clause (a) of sub-section (1), a 1[Municipality] may prescribe the extent to which, and the conditions under which, any roofs, caves, weather-boards, shop-boards and the like may be allowed to project over such streets.
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10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by ALO 1950.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
Any person erecting or re-erecting any such projection or structure as is referred to in Section 209 without the permission thereby required or in contravention of any permission given thereunder shall be liable for conviction to a fine which may extend to 2[one thousand rupees and in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court shall not be less than two hundred and fifty rupees.]
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2. Subs. by U.P. Act No. 26 of 1964.
The 3[Municipality] may, by notice, require the owner or occupier of a building to remove, or to alter a projection or structure overhanging, projecting into or encroaching on a street, or into, on or over any drain, sewer or aqueduct therein :
Provided that in the case of any such projection or structure lawfully in existence on or before the tenth day of March 1900, the 4[Municipality] shall make compensation for any damage caused by the removal or alteration, which shall not exceed ten times the cost of erection and demolition.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5[(1) If any private street or part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved, or lighted to the satisfaction of the 6[Municipality], the 7[Municipality] may by notice require the owners or occupiers of premises 8[or lands], fronting, or abutting such street or part thereof to carry out any work which in its opinion may be necessary and within such time as may be specified in such notice.
(2) If such work is not carried out within the time specified in the notice, the 9[Municipality] may, if it thinks fit, execute it and the expenses incurred shall be recovered from the owner or occupiers in default under Chapter VI according to the frontage of their respective premises 10[or lands] and in such proportion as may be settled by the 11[Municipality].
(3) If any street has been 1evelled, paved, metalled, flagged, chan-nelled, sewered, drained, conserved and lighted under the provisions of the preceding sub-sections, such street shall, on the requisition of not less than three-fourths of the owners thereof, be declared a public street].
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5. Subs. by U.P. Act No.7 of 1949.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Ins. by U.P. Act No. 26 of 1964.
9. Subs. by U.P. Act No. 12 of 1994.
10. Ins. by U.P. Act No. 26 of 1964.
11. Subs. by U.P. Act No. 12 of 1994.
3[Notwithstanding anything contained elsewhere in this Act, a 4[Municipality] may subject to such conditions and limitations as may be prescribed, control and regulate under this Chapter the construction of any building, street or drain, beyond the 5[limits of municipal area] up to a distance of five miles.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(1) No person shall cut down any tree or cut off a branch of any tree, or erect or re-erect or demolish any building or part of to building, or alter or repair the outside of any building where such action is of a nature because obstruction, danger or annoyance or risk of obstruction, danger or annoyance, to any person using a street, without the previous permission in writing of the 6[Municipality].
(2) The 7[Municipality] may at any time by notice require that any person doing or proposing to do any of the act referred to in sub-section (1) shall refrain from beginning or continuing the act unless he puts up, maintains, and provides from sunset to sunrise with sufficient lighting such hoardings or screens as are specified or described in the notice, and may further at any time by notice required the removal, within a time to be specified in the notice, of any screen or hoarding erecting in anticipation or in pursuance of any of the said acts.
(3) Whoever contravenes the provisions of sub-section (1) shall be liable on conviction to a fine which may extend to 8[five hundred] rupees and to a further fine which may extend to 9[ten] rupees for every day on which contravention continues after the date of the first conviction.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 26 of 1964.
9. Subs. by U.P. Act No. 26 of 1964.
The 10[Municipality] may, by notice, require the owner or occupier of any land to cut or trim the hedges growing thereon and bordering on a street, or any branches of trees growing thereon which overhang a street and obstruct the same or cause danger.
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10. Subs. by U.P. Act No. 12 of 1994.
When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain and encumber a street, the 11[Municipality] may remove such obstruction or encumbrance at the expense of the owner of the same and may recover such expense in the manner provided by Chapter VI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.
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11. Subs. by U.P. Act No. 12 of 1994.
The 1[Municipality] may, by notice, require the owner or occupier of any building or land abutting on a street to put up and keep in good condition proper troughs and pipes for receiving and carrying off the water from the building or land, and for discharging the same in such manner as the 2[Municipality] may think fit, so as not to inconvenience persons passing along the street.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(1) The 3[Municipality] may, -
(a) 4[with the prior approval of the Prescribed Authority] cause a name or a new name to be given to a street; and
(b) cause the name or a new name to be affixed to or marked on any building in such position as it thinks fit; or
(c) require by a written notice the owner or occupier of any building to affix thereto a number plate or new number plate to a pattern approved by the 5[Municipality] or itself cause a number or a new number to be affixed to or marked on any building.
(2) Any person destroying, pulling down, defacing or altering any name or number or number plate affixed to or marked on a building under sub-section (1) or affixing to or marking on a building a different name or number from that affixed or marked by or under the order of the 6[Municipality] shall be liable on conviction to a fine which may extend to 7[two hundred and fifty] rupees.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Ins. by U.P. Act No. 26 of 1964.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 26 of 1964.
(1) The 8[Municipality] may erect upon any premises, or attach to the outside of any building or to any tree,-
(a) posts, brackets or other supports for oil, gas, electric or other lamps;
(b) posts, brackets or other supports for telegraph wires, telephone wires or wires conducting electricity for locomotive purposes; or
(c) shafts or pipes deemed necessary for the proper ventilation of drains and water-works.
(2) Provided that the erection or attachment of such supports, shafts and pipes shall not be effected in a manner to occasion injury or inconvenience and shall be subject, so far as may be, to any provisions of the Indian Telegraph Act, 1885, applying to the attachment, removal or alteration of a telegraph line or posts.
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8. Subs. by U.P. Act No. 12 of 1994.
A 1[Municipality] may,-
(a) layout and make a new public street and construct tunnels and other works subsidiary to the same; and
(b) widen, lengthen, extend, enlarge or otherwise improve any existing public street if vested in the 2[Municipality]; and
(c) turn, divert, discontinue or close any public street 50 vested; and
(d) provide within its discretion building sites of such dimensions as it thinks fit to abut on or adjoin any public street made, widened, lengthened, extended, enlarged or improved by the 3[Municipality] under clauses (a), (b) and (c) or by the State Government; and
(e) subject to the provisions of any rule prescribing the conditions on which property may be acquired by the 4[Municipality] acquire any land alongwith the buildings thereon, which it considers necessary for the purpose of any scheme or work undertaken or projected in exercise of the powers conferred by the preceding clauses; and
(j) subject to the provisions of any rule prescribing the conditions on which property vested in the 5[Municipality] may be transferred, lease, sell or otherwise dispose of any property acquired by the 6[Municipality] under clause (e) or any and used by the 7[Municipality] for a public street and no longer required therefor, and in doing so impose any condition as to the removal of any building existing thereon, as to the description of any new building to be erected thereon, as to the period within which such new building shall be completed, and as to any other matter that it deems fit.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding any right or privilege (previously) acquired, accrued, or enjoyed in a 2[municipal area] for which bye-laws under sub-head (b) of heading E of Section 298 have been made and are in force, no itinerant vendor, or any other person, shall be entitled to use or occupy any public street or place for the sale of articles or for the exercise of any calling or for the setting up of any booth or stall without the permission of the 3[Municipality] given in accordance with such bye-laws.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4[(1) A 5[Municipality] may at any time, and shall, when required by a requisition under sub-section (3) of Section 212 by public notice posted up in a street, that is not a public street, or in part of such street, give intimation of its intention to declare the same a public street. Within two months next after such notice has been so posted up the owner or owners of such street or such part of a street, or of a greater portion thereof, may lodge objections at the municipal official against the notice. The 6[Municipality] shall consider the objections lodged, and if it rejects them, may, by further public notice posted up in such street or such part, declare the same to be a public street.]
(2) Any public notice required under sub-section (1) shall, in addition to being posted up in the street, be published in a local paper (if any) or in such other manner as the 7[Municipality] thinks fit.
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4. Subs. by U.P. Act No.7 of 1949.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
(1) Whenever the 8[Municipality] considers it expedient to define the general line of buildings on each or either side of any existing or proposed public street, it shall give public notice of its intention to do so.
(2) Every such notice shall specify a period within which objections will be received.
(3) The 9[Municipality] shall consider all objections received within the specified period and may then pass a resolution defining the said line, and the line so defined shall be called lithe regular line of the street".
(4) Thereafter it shall not be lawful for any person to erect, re-erect or alter a building or part of a building so as to project beyond the regular line of the street, unless he is authorised to do so by a sanction granted under Section 180 or by a permission in writing (and the 1[Municipality] is hereby empowered to grant such permission) under this section.
(5) Any owner of land who prevented by the provisions of this section from erecting, re-erecting or altering any building on any land may require the 2[Municipality] to make compensation for any damage which he may sustain by reason of such prevention, and upon the payment of compensation in respect of any land situated within the regular line of the street such land shall vest in the 3[Municipality].
(6) The 4[Municipality] may, by notice, require the alteration or demolition of any building or part of a building erected, re-erected of altered in contravention of sub-section (4).
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) The 6[Municipality] shall, during the construction or repair of a public street or of any water-works, drains or premises vested in it, or whenever any public street, water-works, drains or premises vested in it have, for want of repair or otherwise become unsafe for use by the public, take all necessary precautions against accident by,-
(a) shoring up and protecting adjacent buildings; and
(b) fixing bars, chains or posts across or in any street for the purpose of preventing or diverting traffic during such construction or repair; and
(c) guarding and providing with sufficient lighting from sunset to sunrise any work in progress.
(2) Whoever, without the authority or consent of the 7[Municipality] in any way interferes with any arrangement or construction made by the 8[Municipality] under sub-section (1) or guarding against accident shall be liable on conviction to a fine which may extend to fifty rupees.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
The 10[Municipality] may,-
(a) construct water-works within or, subject to the provision of sub-section (2) of Section 120, outside the 11[municipal area], and may carry such works through, across, over or under any street or place, and after reasonable notice in writing to the owner or occupier, into, through, over or under any buildings or land;
(b) from time to time enlarge, lessen, alter the course of, cover in or otherwise improve any water-works and discontinue, close up or remove the same;
(c) with the previous sanction of the State Government, grant to any person or company a licence to supply water within 1[municipal area] and for this purpose to lay down mains and pipes, construct water-works and do all other necessary acts or things; and
(d) with the same sanction, transfer all or any part of it existing waterworks to the management of such licensee :
Provided that such sanction shall not be given unless the State Government is satisfied that it will be in the best interest of the public concerned.
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9. Subs. by U.P Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
(1) When a licence is granted under clause (c) of Section 224, the rate at which, the manner in which, and the person by whom, payments shall be made to the licensee for water supplied by him and the terms and conditions on which the licensee may grant water connections to the consumers shall be settled between the 2[Municipality] and the licensee and entered in the licence, and the 3[Municipality] may delegate to the licensee any of the powers conferred on it by this Act or rules relating to water-works and water-supply :
Provided that the power of assessment of water-tax and of its recovery otherwise than by a civil suit shall not be delegated to the licensee.
(2) Such licensee with the previous sanction of the 4[Municipality] may exercise the powers conferred on the 5[Municipality] by Sections 225 and 227 of this Act.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
Every licence granted under clause (c) of Section 224 shall, if not already revoked, stand revoked with effect from June 13, 1975.]
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6. Subs. by U.P. Act No. 45 of 1975.
(1) Where the licence of a licensee is revoked under Section 224-B as it stood immediately before the commencement of the U.P. Municipalities (Amendment) Act, 1975, or where such licence stands revoked by virtue of the new Section 224-B as substituted by the said Act, all the property pertaining to the water-works (namely, all existing water supply services, including all plants, machinery, water-works, pumping sets, filter beds, water mains and pipes laid down along, over or under any public street, and all buildings and other works, materials, stores and things appurtenant thereto) belonging to or vested in the licensee immediately before the date of revocation of the licence (hereinafter in this section referred to as the 'said date') shall as from the said date vest in and stand transferred to the 8[Municipality] free from any debt, mortgage or similar obligation of the licensee attached to such property :
Provided that any such debt, mortgage or similar obligation shall attach to the amount referred to in sub-section (2) in substitution for such property.
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7. Subs. by U.P. Act No. 45 of 1975.
8. Subs. by U.P. Act No. 12 of 1994.
(2) Where any property belonging to the licensee vests in the 1[Municipality] under sub-section (1), not being water-works of which only the management was transferred to him by the 2[Municipality] under clause (d) of Section 224 the 3[Municipality] shall pay to such licensee an amount determined as hereinafter provided in this section:
Provided that the licensee shall, in addition to the said amount, be paid interest thereon on the Reserve Bank rate ruling on the said date plus one percentum for the period from the said date to the date of payment of the said amount.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
(3) The State Government shall appoint, by order in writing, a person having adequate knowledge and experience in matters relating to accounts, to be Special Officer to assess any amount payable under this section to the licensee after making the deductions mentioned in this section.
(4) (a) The Special Officer may call for the assistance of such officers and staff of the State Government in the Local Self-Government Engineering Department or of the licensee as he may deem fit for assessing the net amount payable.
(b) The Special Officer shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters :-
(i) enforcing the attendance of any person and examining him on oath;
(ii) compelling the production of documents; and
(iii) issuing commissions for the examination of witnesses.
The Special Officer shall also have such further powers as may be specified by the State Government by notification in the Gazette.
(5) The gross amount payable to such licensee shall be the aggregate value of the amounts specified below,-
(i) the book value of all completed works in beneficial use pertaining to the water-works and taken over by the 4[Municipality] (excluding works paid for by the consumers), less depreciation calculated in accordance with the Table appended to this section;
(ii) the book value of works in progress taken over, excluding works paid for by the consumers or prospective consumers;
(iii) the book value of all stores, including spare parts taken over and in the case of used stores and spare parts, if taken over, such sum as may be decided upon by the Special Officer;
(iv) the book value of all other fixed assets in use on the said date and taken over, less depreciation calculated in accordance with the said Table;
(v) the book value of all plants and equipments existing on the said date, if taken over, but no longer in use owing to wear and tear or to obsolescence, to the extent such value has not been written off in accordance with the said Table.
Explanation.- The book value of any fixed asset means its original cost, and shall comprise,-
(i) the purchase price paid by the licensee for the assets, including the cost of delivery and all charges properly incurred in erecting and bringing the assets into beneficial use, as shown in the books of the licensee;
(ii) the cost of supervision actually incurred, but not exceeding fifteen per cent of the amount referred to in paragraph (i) :
Provided that before deciding the amount under this sub-section, the licensee shall be given an opportunity by the Special Officer of being heard, after giving him a notice of at least 15 days therefor.
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4. Subs. by U.P. Act No. 12 of 1994.
(6) The 1[Municipality] shall be entitled to deduct the following sums from the gross amount payable under sub-section (5) to the licensee,-
(a) all amounts and arrears of interest, if any, thereon, due from the licensee to the 2[Municipality];
(b) all amounts and arrears of interest, if any, thereon, due to the State Government or the State Electricity Board;
(c) any amount of wages, bonus, gratuity, provident fund or other payments due to remaining unpaid on the said date to persons employed as workmen (within the meaning of the U.P. Industrial Disputes Act, 1947), in connection with the water-works;
(d) any amount which licensee may have failed to pay in respect of either his contribution or the employees' contribution rea1ised by him or any other dues recoverable from licensee under the Employees' Provident Fund Act, 1952 or the Employees' State Insurance Act, 1948 in respect of persons employed in connection with the water-works.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(7) The liability of the licensee towards the State Government or the State Electricity Board or towards his employees, as the case may be, to the extent of deduction made under sub-section (7) shall stand discharged. Upon any such deduction being made the 3[Municipality] shall to that extent be liable to make payment to the State Government, the State Electricity Board or the workmen, as the case may be.
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3. Subs. by U.P. Act No. 12 of 1994.
(8) Where the gross amount payable to the licensee is equal to or less than the amount to be deducted under this section no payment shall be made to the licensee by the 4[Municipality].
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4. Subs. by U.P. Act No. 12 of 1994.
(9) The amount, if any, payable by the 1[Municipality] to the licensee shall be as determined by the Special Officer under sub-sections (5), (6) and (8) and nothing in Section 324 shall be construed to apply in relation to the determination of the amount payable by the 2[Municipality] under this section.
Table of depreciation based on the period of life expectancy of various assets
There shall be deducted for each year in respect of fixed assets employed in the licensee's undertaking such an amount as would, if set aside annually throughout the period specified in the following table and accumulated at compound interest at four per cent per annum, produce at the end of the said period an amount equal to ninety per cent of the original cost of the asset after taking into account the sums already written off or set aside in the books of licensee :
Column 1
Description of asset Column 2
Number of years or period
A. Land owned under full title Infinite
B. Land held under lease. The period of the lease or the period remaining unexpired on the assignment of the lease.
C. Assets Purchased now,-
(a) building and Civil Engineering works of a permanent character not mentioned above-
(i) Offices Fifty
(ii) Temporary erections such as wooden structures. Five
(iii) Roads other than Kachcha Roads. One hundred
(iv) Others Fifty
(b) Self-propelled vehicles Seven
(c) (i) Office fumiture and fittings. Twenty
(ii) Office equipment Ten
D. Assets purchased second hand and assets not otherwise proposed for in this Table. Such reasonable period as the Special Officer determines in each case having regard to the nature, age and condition of the asset at the time of its acquisition by it.]
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(1) The 3[Municipality] may, by notice, require the owner of, or the person having control over a private water-course, spring, tank, well or other place, the water of which is used for drinking, to keep and maintain the same in good repair and to clean the same, from time to time, of silt, refuse or decaying vegetation and may also require him to protect the same for pollution in such manner as the 1[Municipality] may think fit.
(2) When the water of any such water-course, spring, tank, well or other place is proved to the satisfaction of the 2[Municipality] to be unfit for drinking, the 3[Municipality] may, by notice, require the owner, or person having control thereof to desist from so using such water or permitting others to so use it, and if, after Such notice such water is used by any person for drinking, the 4[Municipality] may, by notice, require the owner or person having control thereof to close such well either temporarily or permanently, or to enclose or fence such water-course, spring, tank, well or other place in such manner as it may direct, so that the water thereof may not be so used.
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3. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
In the event of a 5[ municipal area], or any part thereof, being visited with an outbreak of cholera or other infectious disease notified in this behalf by the State Government, the 6[President] of the 7[Municipality] or any person authorised by him in this behalf, may, during the continuance of the epidemic, without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking, and may further, take such steps as he deems fit to prevent the removal of water therefrom.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No.7 of 1949.
7. Subs. by U.P. Act No. 12 of 1994.
The 8[Municipality] may, by notice require an owner or occupier on whose land a drain privy, latrine, urinal, cesspool or other receptacle for filth or refuse exists within fifty feet of a spring, well, tank, reservoir or other source from which water is, or may be, derived for public use, to remove or close the same within one week from the service of such notice.
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8. Subs. by U.P. Act No. 12 of 1994.
(1) 10[Every municipality] in which a water-tax is imposed, shall be bound,-
(a) throughout a prescribed area or prescribed areas-
(i) to maintain a system of water-supply through pipes, and
(ii) to lay on water at a prescribed pressure and during prescribed hours, and
(iii) to supply in all the chief streets in which mains have been laid, water to stand-pipes or pumps situated at such intervals as are prescribed; and
(b) 11[subject to the rules as may be framed] to allow the owner or occupier of any building or land assessed to a prescribed minimum water-tax to connect for the purpose of obtaining water for domestic purposes, the building or land with a main by means of a communication pipe of the prescribed size and description; and
(c) to supply, within every twenty-four hour, to every owner or occupier entitled to a house connection under clause (b) whose land or building is provided therewith such amount of water as is prescribed with reference to the water-tax payable by him and his estimated requirements for domestic purposes, into a storage cistern erected in or on the building or land, of a capacity not less than such amount and of a prescribed pattern and at an altitude not exceeding the maximum prescribed for the same.
(2) The word "prescribed" m sub-section (1) means prescribed by rule under Section 235.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Ins. by U.P. Act No.7 of 1949.
Every 1[Municipality] may by agreement supply any owner or occupier of land with any water that he may require for any purpose for such remuneration, consistent with any rate or rates prescribed by rule, and on such terms and conditions, consistent with this Act and with any rule, as are agreed on between the 2[Municipality] and such owner or occupier.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(1) When any building or land is connected with a main, the 3[Municipality] may, so far as is consistent with any agreement made under Section 229, charge the owner, lessor, or occupier, whichever is prescribed by rule, for all water consumed at the rate or rates so prescribed.
(2) Provided that the 4[Municipality] shall deduct from the charge on account of water supplied in any month one-twelfth of the water-tax assessed on the building or land.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding any obligation imposed on a 6[Municipality] by Section 228 or by any agreement made under Section 229, a 7[Municipality] shall not be liable to any forfeiture, penalty or damages for failure to supply water, if the failure to supply arises from accident or from unusual drought or other unavoidable cause.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding any obligation to supply water imposed by an agreement under Section 229, the 8[Municipality] may at any time cease to supply water for other than domestic purposes, if it is of the opinion that such supply would interfere with the supply of water for domestic purposes, in such case the 1[Municipality] shall not be liable to any forfeiture, penalty or damages for so ceasing,-
(a) unless the failure to supply such water arises from a cause other than one specified in Section 231; and
(b) unless the 2[Municipality] has undertaken to supply water for other than domestic purposes by an agreement made under Section 229, making provision for forfeiture, penalty or damages upon failure to supply such water.
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8. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
Notwithstanding anything contained in Section 228 or in any agreement under Section 229, the supply of water to any building or land shall be, and shall be deemed to have been granted, subject to the provisions of any rule made under Section 235, and in particular to any provision as to the limit or stoppage of the supply and as to the prevention of waste and misuse.
All meters, connection pipes and other works incidental to the supply of water to any building or land shall except as otherwise provided by rule, be supplied, repaired extended and altered as may be necessary, at the expense of the person requiring the supply, but shall be under the control of the 3[Municipality].
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3. Subs. by U.P. Act No. 12 of 1994.
(1) The following matters relating to supply of water from municipal or public water works shall be regulated and governed by rules, namely,-
(a) any matter in respect of which this Act declares that provision shall be made by rule;
(b) the size and nature of the mains and pipes to be laid and the water works to be constructed by a 4[Municipality] for the supply of water;
(c) the construction, control and maintenance of municipal waterworks and of pipes and fittings in connection therewith;
(d) the size and nature of the stand-pipes or pumps to be erected by a 5[Municipality];
(e) the mains or pipes in which fire-plugs are to be fixed and the places at which keys of the fire-plugs are to be deposited;
(f) the periodical analysis by a qualified analyst of the water supply by a 6[Municipality];
(g) the conservation and prevention of injury or contamination to sources and means of water supply and appliances for the distribution of water, whether within or without 7[the municipal area];
(h) the manner in which connections with water works may be constructed or maintained and the agency which shall or may be employed for such construction or maintenance;
(i) the regulation of all matters and things connected with the supply and use of water and the turning on and turning off and preventing waste of water;
(j) the collection of water-tax and of charges relating to the supply of water and the prevention of evasion of the same; and
(k) any other matter relating to the supply of water in respect of which this Act makes no provision or insufficient provision and further provision is, in the opinion of the State Government, necessary.
(2) Provided that no rule shall be made under sub-section (1) affecting a cantonment or part of a cantonment without the previous sanction of the Central Government.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12of1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of1994.
- The following matters relating to the grant of a licence under clause (c) of Section 224 of the Act shall be regulated and governed by rules to be made by the State Government subject to the conditions prescribed in Section 300,-
(1) the selection of a licensee;
(2) the form of application for a licence;
(3) the form of licence;
(4) the preparation and submission of returns and accounts by the licensee in a prescribed form;
(5) duties of a licensee;
(6) the securing of a regular and wholesome supply of water by the licensee to consumers;
(7) the appointment of an officer of a specified rank and class to ensure that the provisions or the Act and the rules relating to water-works are being properly carried out; and
(8) any other matter which is necessary for the proper working of the licence.]
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1. Ins by U.P. Act No.6 of 1933.
(1) Where, on or after the 10th day of March, 1900, any street has been made or any building, wall or other structure has been erected or any tree has been planted without the permission in writing of the 2[Municipality] over a public drain or culvert or a water-work vested in the 3[Municipality], the 4[Municipality] may, -
(a) by notice require the person who has made the street, erected the structure or planted the tree, or the owner or occupier of the land on which the street has been made, structure erected or tree planted, remove or deal in any other way the 1[Municipality] thinks fit with the street, structure or tree; or
(b) itself remove or deal in any other way it, thinks fit with the street, structure or tree.
(2) Any expense incurred by a 2[Municipality] by action taken under clause (b) of sub-section (1) shall be recoverable in the manner prescribed by Chapter VI from the person by whom the street was made, structure erected or tree planted.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
.-(1) The 3[Municipality] may, with the approval of the District Magistrate, fix premises, either within or without the limits of the 4[municipal area] for the slaughter or animals, or animals of any specified description for sale, and may, with the like approval, grant and withdraw licences for the use of such premises.
(2) When such premises have been fixed by the 5[Municipality] beyond 6[the limits of municipal area], it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.
(3) When such premises have been fixed, no person shall slaughter any such animal for sale at any other place within the 7[municipal area].
(4) Should anyone slaughter for sale any such animals at any other place within the 8[municipal area], he shall be liable on conviction to a fine which may extend to twenty rupees for every animal so slaughtered.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
The 11[Municipality] may, by public notice, and with the previous sanction of the District Magistrate, fix premises within the 1[municipal area] in which the slaughter of animals of any particular kind not for sale shall be permitted and prohibit, except in case of necessity, such slaughter elsewhere within the 2[municipal area]:
Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.
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11. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
Whenever it appears to District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the 3[Prescribed Authority], prohibit or regulate, by public notice, the slaughter within the limits of a 4[municipal area] of animal or animals of any specified description for purposes other than sale and prescribe the mode and route in and by which such animals shall be brought to, and meat shall be conveyed from, the place of slaughter.
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3. Subs. by U.P. Act No.7 of 1949.
4. Subs. by U.P. Act No. 12 of 1994.
Should the flesh of any cattle, sheep, goat or swine be brought within 5[the limits of municipal area] in contravention of a bye-law made under sub-head (e) of Heading F of Section 298, it may be seized by an officer of 6[Municipality] authorized in that behalf, and may be destroyed or otherwise disposed of as the 7[Municipality] may, by general or special order, direct.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No.12 of 1994.
(1) The right of any person to use any place, within the limits of a 8[municipal area], other than a municipal market, as a market or shop for the sale of animals, meat or fish intended for human food, or as a market for the sale of fruit or vegetables, shall be subject to bye-laws (if any) made under Heading F of Section 298.
(2) Provided that, where any bye-law is in force requiring a licence for the establishment or maintenance of a market or shop for the sale of any article mentioned in sub-section (1), the 9[Municipality] shall not,-
(a) refuse a licence for the maintenance of a market or shop lawfully established at the date of such bye-law coming into force, if application be made within six months from such date, except on the ground that the place where the market or shop is established fails to comply with any conditions prescribed by or under this Act; or
(b) cancel, suspend or refuse to review any licence granted under such bye-law for any cause other than the failure of the licensee to comply with the conditions of the licence or with any provision of, or made under this Act.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
Whoever feeds, or allows to be fed an animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances, shall be liable on conviction to a fine which may extend to fifty rupees.
The 1[President], the executive officer, 2[the medical officer of health] and, if authorised in this behalf by resolution, any other member, officer or servant of the 3[Municipality] may, without notice at any period of the day or night, enter into and inspect a market, shop, shall or place used for the sale of food or drink for man or as a slaughter-house; or for the sale or drugs, and inspect and examine any article of food or drink, or any animal or drug which may be therein.
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1. Subs. by U.P. Act No. 7 of 1949.
2. Ins. by U.P. Act No. 5 of 1932.
3. Subs. by U.P. Act No. 12 of 1994.
(1) If in the course of the inspection of a place under the preceding section, an article of food or drink or animal appears to be intended for the consumption of man and to be unfit therefor, the 4[Municipality] may seize and remove the same, or may cause it to be destroyed, or to be so disposed of as to prevent its being exposed for sale or use for such consumption.
(2) If it is reasonably suspected that a drug has been improperly adulterated, or by reason of age or the effect of climate has become inert or unwholesome, or has otherwise become deteriorated in such a manner as to lessen its efficacy, or to change its operation, or to render it noxious, the 5[Municipality] may remove the same, giving a receipt therefor, and may produce it before a Magistrate.
(3) If it appears to a Magistrate before whom a drug has been produced under sub-section (2) that the drug has been improperly adulterated or has become inert, unwholesome or deteriorated as aforesaid, he may order the same to be destroyed, or to be so disposed of as to him may deem fit, and if any offence appears to have been committed, he may proceed to take cognizance thereof.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
(1) If it is shown to the satisfaction of a 6[Municipality] that any building or place within the limits of the 7[municipal area] which any person uses or intends to use as a factory or other place of business for the manufacture, storage, treatment or disposal of any article, by reason of such use, or by reason of such intended use, occasions or is likely to occasion a public nuisance, the 8[Municipality] may at its option require by notice the owner or occupier of the building or place,-
(a) to desist or refrain, as the case may be, from using, or allowing to be used, the building or place for such purpose; or
(b) only to use, or allow to be used, the building or place for such purpose under such conditions or alter such structural alterations as the 1[Municipality] imposes or prescribes in the notice with the object of rendering the use of the building or place for such purpose free from objection.
(2) Whoever, after receiving a notice given under sub-section (1) uses or allows to be used any building or place in contravention of the notice shall be liable on conviction to a fine which may extend to two hundred rupees and to a further fine which may extend to forty rupees for every day on which he so uses or allows to be used the place of building after the date of the first conviction.
(3) The State Government may, by notification, make the provisions of this section, or of any bye-law made under Heading G of Section 298, applicable to any area beyond the 2[municipal area] lying within a distance of a mile from the 3[boundary of the municipal area].
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
Whoever, in a street or public place within the limit of the 5[municipal area] loiters for the purpose of prostitution or importunes a person to the commission of sexual immorality, shall be liable on conviction to a fine which may extend to fifty rupees :
Provided that no Court shall take cognizance of an offence under this section except on the complaint of the persons importuned, or on the complaint of a municipal officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the 6[Municipality] and the District Magistrate.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P Act No. 12 of 1994.
(1) When a Magistrate of the first class receives information,-
(a) that a house in the vicinity of the place of worship or an educational institution or a boarding house, or hostel or mess used or occupied by student is used as a brothel or for the purpose of habitual prostitution or by disorderly persons of any description; or
(b) that any house is used as aforesaid to the annoyance of respectable inhabitants in the vicinity; or
(c) that house in the immediate neighbourhood of a cantonment is used as a brothel or of the purpose of habitual prostitution;
he may summon the owner, tenant, manager or occupier of the house to appear before him either in person or by agent; and if satisfied that the house is used as described in clause (a), (b), or clause (c), may, by a written order, direct such owner, tenant, manager, or occupier, within a period to be stated in such order, not less than five days from the date thereof, to discontinue such use :
Provided that action under this sub-section shall be taken only,-
(i) with the sanction or by order of the District Magistrate; or
(ii) on the complaint of three or more persons residing in the immediate vicinity of the house to which the complaint refers; or
(iii) 1[* * *] on the complaint of the 2[Municipality].
(2) If a person against whom an order has been passed by a Magistrate under sub-section (1) fails to comply with such order within the period stated therein, the Magistrate may impose on him a fine which may extend to twenty-five rupees for every day after the expiration of that period during which the house is so used.
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1. Omitted by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 12 of 1994.
3[* * *] Whoever, in a street or public place within the 4[municipal area], begs importunately for alms, or exposes or exhibits, with the object of exciting charity a deformity or disease or an offensive sore or wound, shall be liable on conviction to imprisonment which may extend to one month or to a fine which may extend to fifty rupees or to both.
5[* * *]
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3. Number (1) omitted by U.P. Act No. 13 of 1948.
4. Subs. by U.P. Act No. 12 of 1994.
5. Proviso and sub-sections (2) and (3) omitted by U.P. Act No. 13 of 1948.
The 6[Municipality] may authorize any person to destroy or to cause to be destroyed, or to confine or to cause to be confined, for such period as the 7[Municipality] may direct, any dog or other animal suffering, or reasonably suspected to be suffering, from rabies, or bitten by a dog or other animal suffering or suspected as aforesaid.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
(1) Where in any 8[municipal area] the prevalence of rabies in the opinion of the 9[Municipality] renders it necessary, the 10[Municipality] may by public notice require the muzzling, for such period as it thinks fit or until such notice is cancelled, of all dogs within the 11[municipal area], or within any part of the 12[municipal area].
(2) During such period of time the 1[Municipality] may exercise the power conferred by Section 249 in respect of any dog which is found at large without a muzzle after a date to be specified in the notice.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
No damages shall be payable in respect of a dog or other animals destroyed or otherwise disposed of under the provisions of Section 249 or 250 or of any bye-law made under sub-head (h) or (l) of Heading H of Section 298.
Whoever, in driving, leading or propelling a vehicle along a street, fails, except in the case of actual necessity,-
(a) to keep to the left; and
(b) when he is passing a vehicle going in the same direction, to keep to the right of that vehicle, shall be liable on conviction to a fine which may extend to ten rupees.
Exception.- This section shall not apply in the case of a 2[municipal area] wholly or in part situated in a hilly tract.
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2. Subs. by U.P. Act No. 12 of 1994.
Whoever drives, leads or propels a vehicle between nightfall and dawn in a street, unless the vehicle is properly supplied with lights, shall be liable on conviction to a fine which may extend to twenty rupees :
Provided that a 3[Municipality] may by a special resolution confirmed by the 4[Prescribed Authority] direct that this section shall not apply in the case of vehicles proceeding at not more than walking pace.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No.7 of 1949.
Whoever, being in charge of an elephant, camel or bear, omits, on being requested to do so, to remove so far as may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether ridden, driven or led, shall be liable on conviction to a fine which may extend to twenty rupees.
(1) The owner or keeper of any cattle or other animals, found tethered, or straying about without a keeper in a street or public place shall be liable on conviction to a fine which may extend to 5[two hundred and fifty] rupees.
(2) An animal found tethered as aforesaid may be removed by a municipal officer or servant or by a police officer to a pound as if the animal had been found straying.
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5. Subs. by U.P. Act No. 26 of 1964.
Where any land vested in the 6[Municipality] 7[or any public place] is, without the permission in writing of the 8[Municipality], used as a halting place for any vehicle or animal or as a place of encampment, the owner or a keeper of the vehicle or animal or the person encamping, as the case may be, shall be liable on conviction to a fine which may extend to 1[one hundred] rupees and in the case of a continuing breach, to a further fine which may extend to 2[ten] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the commission of the offence.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Added by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 26 of 1964.
(1) The 3[Municipality] may, by public notice, direct that within certain limits to be fixed by it, the roofs and external walls of huts or other buildings shall not be made or renewed with grass, mats leaves, or other highly inflammable materials without the consent of the 4[Municipality] in writing.
(2) The 5[Municipality] may at any time by written notice require the owner of a building, which has an external roof or wall made of any such material as aforesaid, to remove such roof or wall within such reasonable time as shall be specified in the notice, notwithstanding that a public notice under sub-section (1) has not been issued or that such roof or wall was made with the consent of the 6[Municipality] or before the issue of such public notice, if any:
Provided that in the case of any such roof or wall in existence before the issue of such public notice or made with the consent of the 7[Municipality], the 8[Municipality] shall make compensation for any damage caused by the removal which shall not exceed the original cost of constructing the roof or wall.
(3) Whoever, without such consent as is required by sub-section (1), makes or renews, or causes to be made or renewed or in disobedience to a notice given under sub-section (2) suffers to remain, a roof or wall or such material as aforesaid, shall be liable on conviction to a fine which may extend to twenty-five rupees and to a further fine which may extend to ten rupees for every day on which the offence is continued, after the date of the first conviction.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) The 9[Municipality] may, without notice and at any period of the day or night, enter into and inspect a house or building which is suspected to contain petroleum, or other inflammable material, in excess of the quantity permitted to be kept in such house or building under the provision of Section 245 or of any bye-law.
(2) Should any such excess quantity of such material be discovered, it may be seized and held subject to such order as a Magistrate may pass with respect to it.
(3) If the Magistrate decides that the material seized was stored in the house or building contrary to any direction made under Section 245 or the provision of any bye-law, he may pass an order confiscating the same.
9. Subs. by U.P. Act No. 12 of 1994.
(4) Subject to any provision of, or made under, this or any other enactment, the material so confiscated may be sold by order of the Magistrate, and the proceeds, after defraying the expenses of such sale, shall be credited to the municipal fund.
(5) No order of confiscation under this section shall operate to prevent any other criminal or civil proceedings to which the person storing the material in excessive quantity may be liable.
The 1[Municipality] may, where it appears to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting wood, dry grass, straw or other inflammable materials, or from placing mats or thatched huts or lighting fires in a place or within limits specified in the notice.
(1) If, in the opinion of the 2[Municipality], the working of a quarry, or the removal of stone, earth or other material from the soil in any place is dangerous to persons residing in, or entitled to visit, the neighbourhood thereof, or creates, or is likely to create, a public nuisance, the 3[Municipality] may, by written notice, prohibit the owner of the said quarry or place, or the person responsible for such working or removal, from continuing or permitting the working of such quarry, or the removal of such materials, or may require him to take such order with such quarry or place as the 4[Municipality] shall direct for the purpose of preventing danger or abating the nuisance arising or likely to arise therefrom.
(2) If, in any case referred to in sub-section (1) it appears to the 5[Municipality] to be necessary in order to prevent imminent danger, it may cause a proper hoarding or fence to be put up for the protection of passengers near a quarry or place, and any expense incurred by the 6[Municipality] in taking such action shall be paid by the owner or other person as aforesaid, and shall be recoverable in the manner provided by Chapter VI.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P Act No. 12 of 1994.
4. Subs. by U.P Act No. 12 of 1994.
5. Subs. by U.P Act No. 12 of 1994.
6. Subs. by U.P Act No. 12 of 1994.
(1) Whoever displaces, takes up or makes an alteration in, or otherwise interferes with, the pavement, gutter, flags, or other materials of a public street or the fences, walls or posts thereof, or a municipal lamp, lamp post bracket, direction post, stand post, hydrant or other such municipal property therein, without the written consent of the 7[Municipality], or other lawful authority, and whoever extinguishes a municipal light shall be liable on conviction to a fine which may extend to one 8[thousand] rupees.
(2) Any expense incurred by the 9[Municipality] by reason of the doing of any such thing as is mentioned in sub-section (1) may be recovered from the offender in the manner provided by Chapter VI.
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7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P Act No. 26 of 1964.
9. Subs. by U.P Act No. 12 of 1994.
Whoever discharges firearms or lets off fireworks or fire-balloons, or engages in a game, in such a manner as to cause or to be likely to cause, danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be liable on conviction to a fine which may extend to twenty rupees.
(1) A 1[Municipality] may require by notice the owner or occupier of any land or building,-
(a) to demolish or to repair in such manner as it deems necessary any building wall, bank or other structure, or anything, affixed thereto, or to remove any tree, belonging to such owner or in the possession of such occupier which appears to the 2[Municipality] to be in a ruinous condition or dangerous to persons or property; or
(b) to repair, protect or enclose, in such manner as it deems necessary, any well, tank reservoir, pool or excavation belonging to such owner or in the possession of such occupier, which appears to the 3[Municipality] to be dangerous by reason of its situation, want of repair or other such circumstances.
(2) Where it appears to the 4[Municipality] that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the 5[Municipality] itself to take such immediate action, and in such case, notwithstanding the provisions of Section 287, it shall not be necessary for the 6[Municipality] to give notice, if it appears to the 7[Municipality] that the object of taking such immediate action would be defeated by the delay incurred in giving notice.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
The 8[Municipality] may, by notice, require the owner of a building or land which, by reason of abandonment or disputed ownership or other cause, is unoccupied and has become a resort of idle and disorderly persons or otherwise occasions, or is likely to occasion, a public nuisance, to secure and enclose the same within a reasonable time fixed in the notice.
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8. Subs. by U.P. Act No. 12 of 1994.
(1) Whoever without the written permission of the 9[Municipality],-
(a) causes or allows any vehicle, with or without an animal harnessed thereto, remain or stand so as to cause obstruction in any street longer than may be necessary for loading or unloading or for taking up or setting down passengers; or
(b) leaves or fastens any vehicle or animal so as to cause obstruction in any street; or
(c) exposes any article for sale, whether upon a stall or booth or in any other manner, so as to cause obstruction in any street; or
(d) deposits or suffers to be deposited, any building materials, box, bale, package, or merchandise in any street; and
(e) erects or sets up any fence, rail, post, stall or any scaffolding or any other such fixture in any street; or
(f) in any manner willfully obstructs or causes obstruction of the free passage of any street;
shall be liable upon conviction to a fine which may extend to 1[five hundred rupees and in the case of a continuing breach to a further fine which may extend to ten rupees for every days after the day of first conviction during which the offender is proved to have persisted in the commission of the offence].
(2) The 2[Municipality] shall have power to remove any obstruction referred to in sub-section (1), and the expense of such removal shall be recoverable from the offender in the manner provided by Chapter VI.
(3) The power exercisable by a 3[Municipality] under sub-section (2) to remove obstructions from streets shall also be exercisable for the removal by the 4[Municipality] of obstructions from any open space, whether vested in the 5[Municipality] or not, which is not private property.
(4) Nothing contained in this section shall apply to any obstruction of a street permitted by the 6[Municipality] under any section of this Act or any rule or bye-law made or licence granted thereunder.
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9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 26 of 1964.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
Whoever, without the written permission of the 7[Municipality] digs up or removes earth, sand or other material from any open space, whether vested in the 8[Municipality] or not, which is not private property, shall be liable upon conviction to a fine not exceeding 9[five hundred] rupees, and, if the offence is a continuing offence, to a further fine not exceeding ten rupees for every day during which the offence continues after the date of the first conviction for such offence.
(1) A 10[Municipality] may require by notice the owner or occupier of any land or building,-
(a) to close, remove, alter repair, cleanse, disinfect or put in good order any latrine, urinal, water-closet, drain, cesspool, dust-bin or other receptacle for filth, sullage-water, rubbish or refuse pertaining to such land or building, or to remove or alter any door or trap-door of any such latrine, urinal or water-closet which opens on to a street or drain; or
(b) to provide such latrines, urinals, water-closets, drains, cesspools, dust-bins or other receptacles for filth, sullage-water, rubbish or refuse as should in its opinion be provided for the building or land whether in addition or not to any existing ones; or
(c) to cause any latrine, urinal or water-closet provided for the building or land to be shut-off by a sufficient roof and wall or fence from the view of persons passing by or dwelling in the neighbourhood.
(2) When requiring under sub-section (1) anything to be provided, altered or done, the 1[Municipality] may specify in the notice the description of the thing to be provided, the pattern so as to conform with which the thing is to be altered, and the manner in which the thing is to be done.
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10. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
The 2[Municipality] may require by notice any person employing more than twenty workmen or labourers or owning, managing or having control of a market, school or theatre or other place of public resort to provide such latrines and urinals as it may deem fit, and to cause the same to be kept in proper order and to be daily cleansed :
Provided that nothing in this section shall apply to a factory regulated by the Indian Factories Act, 1911.3
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2. Subs. by U.P. Act No. 12 of 1994.
3. See now Factories Act, 1948.
(1) The 4[Municipality] may, by notice, require the owner or occupier of any land or building cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the 5[Municipality] to be injurious to health or offensive to the neighbourhood.
(2) Provided that the owner or occupier may require the 6[Municipality] to acquire at its expense, or otherwise, provide, any land or right in land necessary for the purpose of effecting drainage ordered under sub-section (1).
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
(1) Subject to the provisions of Section 278, the 7[Municipality] may inspect a drain, water-closet, latrine, urinal, cesspool or other receptacle for filth, and for that purpose may cause the ground to be opened where it thinks fit.
(2) The expense of such inspection and of causing the ground to be closed and made good as before shall be borne by the 8[Municipality], unless the drain, privy, water-closet, latrine, urinal, cesspool or other receptacle for filth is found to be in bad order or condition, or was constructed in contravention of the any provisions of, or made under, this or any other enactment, in which case such expenses shall be paid by the owner or occupier and shall be recoverable in the manner, provided by Chapter VI.
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7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
Should any building or land be in a filthy or unwholesome state, the 1[Municipality] may, by notice, require the owner or occupier thereof to cleanse, or otherwise, put in a proper state, the building or land, and thereafter to keep the same in a clean and proper state.
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1. Subs. by U.P. Act No. 12 of 1994.
Whenever on any building or land,-
(a) any dirt, dung, bones, ashes, night-soil or filth or any noxious or offensive matter is kept for more than twenty-four hours, or otherwise than in some proper receptacle; or
(b) any receptacle for such things is suffered to be in a filthy or noxious state or is not subjected to any proper method of cleaning or purifying;
the owner or occupier of the building of land shall be liable on conviction, to a fine which may extend to fifty rupees, and, in the case of a continuing breach, to a further fine which may extend to five rupees for every day after the date of the first conviction during which the offender has been proved to have persisted in the commission of the offence.
(1) The 2[Municipality] may,-
(a) provide receptacles and places for the temporary deposit of offensive matter and rubbish;
(b) appoint places for the disposal of night-soil, carecasses and other offensive matters and rubbish; and
(c) by public notice issue directions as to the time, manner and conditions at, in and subject to which any offensive matter or rubbish referred to in clauses (a) and (b) may be removed along a street, deposited or otherwise disposed of.
(2) It shall be sufficient notice of the appointment of a place under clause (b) of sub-section (1) that a notice board indicating such appointment is displayed on or near the place appointed.
(3) Before appointing a place outside 3[the limits of the municipal area] under clause (b) of sub-section (1), the 4[Municipality] shall obtain the previous sanction of the District Magistrate.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
The occupier of any building or land from which any offensive matter, rubbish, night soil or carcass is thrown or deposited on any part of a public place or street, or into any public sewer or drain, or into any drain communication with a public sewer or drain, otherwise than in a place appointed under clause (b) or in a receptacle provided under clause (a) of sub-section (1) of Section 273, and any person contravening any direction of a 1[Municipality] issued under clause (c) of the said sub-section shall be liable, upon conviction, to a fine not exceeding 2[two hundred and fifty] rupees.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 26 of 1964.
(1) Whenever an animal in the charge of a person dies, otherwise than by being slaughtered either for sale or consumption or for some religious purposes, the person-in-charge thereof shall, within twenty-four hours, either,-
(a) convey the carcass to a place (if any) fixed by the 3[Municipality] under Section 273 for, the disposal of the dead bodies of animals or to a place beyond 4[the limits of the municipal area] not being within one mile of those limits; or
(b) give notice of the death to the 5[Municipality], whereupon the 6[Municipality] shall cause the carcass to be disposed of.
(2) Every person bound to act in accordance with sub-section (1) shall, if he fails so to act, be liable upon conviction to a fine which may extend to ten rupees.
(3) For the disposal of the dead body of an animal under clause (b) of sub-section (1), the 7[Municipality] may charge such fee as the 8[Municipality] has prescribed, and may recover the same, if not paid in advance, from the owner or keeper of the animal in the manner provided by Chapter VI.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
Whenever the water of a sink, sewer or cesspool or any other offensive matter is allowed to flow, drain or be put upon a public street or place, or into a sewer to drain not set apart for the purpose without the permission in writing of the 9[Municipality] or in contravention of any condition prescribed in such permission, the owner or occupier of the land or building from which such water or offensive matter so flows, drains or is put shall be liable, upon conviction, to a fine which may extend to 10[two hundred and fifty] rupees.
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9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 26 of 1964.
Subject to the provisions of Section 287, the 11[Municipality] may enter and inspect a building, and may be notice direct all or any part thereof to be internally or externally lime washed, disinfect or otherwise cleansed for sanitary reasons :
Provided that nothing in this section shall apply to a factory regulated by the Indian Factories Act, 1911.1
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11. Subs. by U.P. Act No. 12 of 1994.
1. See now Factories Act, 1948.
(1) Should a building, or a room in an building, be, in the opinion of the 2[Municipality], unfit for human habitation in consequence of the want of proper means of drainage or ventilation or otherwise, the 3[Municipality] may, by notice, prohibit the owner or occupier thereof from using the building or room for human habitation or suffering it to be so used either absolutely or unless within a time to be specified in the notice, he effects such alteration therein as is prescribed in the notice.
(2) Upon failure of a person to whom notice is issued under sub-section (1) to comply therewith, it shall be lawful for the 4[Municipality] to require by further notice the demolition of the building or room.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of cholera, plague, smallpox or other infectious disease that may be notified in this behalf by the 5[State Government] in any dwelling other than a public hospital in the 6[municipal area], or
(b) in default of such medical practitioner, being the owner or occupier of such dwelling, and being cognizant of the existence of any such infectious disease therein, or
(c) in default of such owner or occupier being the person-in-charge of, or in attendance on, a person suffering from any such infectious disease in such dwelling, and being cognizant of the existence of the disease therein,
fails to give 7[within twenty-four hours of becoming so-cognizant] or gives false information to such officer as the 8[Municipality] may appoint in this behalf respecting the existence of such disease, shall be liable upon conviction to a fine which may extend to fifty rupees :
Provided that a person not required to give information in the first instance, but only in default of some other person, shall not be punishable if it is shown that he had reasonable cause to suppose that the information had been, or would be, duly given.
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5. Subs. by ALO 1950.
6. Subs. by U.P. Act No. 12 of 1994.
7. Added by U.P. Act No. 17 of 1934.
8. Subs. by U.P. Act No. 12 of 1994.
When there is any reason to believe that a case of infectious disease notifiable under Section 279 has occurred in a building the Medical Officer of Health or other competent person deputed by him shall, subject to the provisions of Section 287, enter the said building and make an examination of the person or persons suspected to be suffering from the disease and may also obtain material for pathological examination, if necessary :
Provided that all females above the age of eight years shall be inspected by persons of their own sex only.]
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9. Added by U.P. Act No.5 of 1932.
When a person suffering or certified by a duly qualified medical practitioner to be suffering from cholera, plague, small-pox or any other infectious disease that may be notified in this behalf by the 1[State Government] is, -
(a) without proper lodging or accommodation, or
(b) living in a sarai or other public hostel, or
(c) living in a room or house which he neither owns nor is otherwise entitled to occupy, or
(d) lodged in a room or set of apartments occupied by more than one family and any of the occupiers objects to his continuing to lodge therein,
the 2[Municipality] may, on the advice of a medical officer of a rank not inferior to that of an assistant surgeon, remove the patient to a hospital or place at which person suffering from such disease are received for medical treatment, and may do anything necessary for such removal.
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1. Subs. by ALO 1950.
2. Subs. by U.P. Act No. 12 of 1994.
Whoever, while suffering from an infectious, contagious, or loathsome disorder,-
(a) makes or offers for sale an article of food or drink, for human consumption or a medicine or drug, or
(b) wilfully touches any such article, medicine or drug when exposed for sale by others, or
(c) takes any part in the business of washing or carrying soiled clothes, shall be liable upon conviction to a fine which may extend to 3[fifty] rupees.
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3. Subs. by U.P. Act No. 26 of 1964.
(1) If 4[the Director of Medical and Health Services] or the Civil Surgeon or Health Officer certifies that the cultivation of any description of crops or the use of any kind of manure or the irrigation of land in any specified manner,-
(a) in a place within the limits of a 5[municipal area] is injurious or facilitates practices are injurious to the health of persons dwelling in the neighbourhood, or
(b) in a place within or beyond the limits of 1[municipal area] is likely to contaminate the water supply of such 2[municipal area] or otherwise render it unfit for drinking purposes, the 3[Municipality] may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method or irrigation so reported to be injurious, or impose such conditions with respect thereto as may prevent injury or contamination.
(2) Provided that when, on any land in respect of which such notice is issued, the act prohibited has been practised in the ordinary course of husbandry for the five successive years next preceding the date of prohibition, compensation shall be paid from the municipal fund to all persons interested therein for damage caused to them by such prohibition.
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4. Subs. by U.P. Act No.7 of 1953.
5. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
The 4[Municipality] may, by notice require the owner or occupier of any land to clear away and remove any vegetation or undergrowth which may be injurious to health or offensive to the neighbourhood.
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4. Subs. by U.P. Act No. 12 of 1994.
(1) In a 5[municipal area] for which bye-laws have been made under sub-head (g) of Heading 1 of Section 298, the 6[Municipality] may, by notice require the owner or occupier of any land upon which an excavation, cesspool, tank or pit has been made in contravention of such bye-laws, or in breach of the conditions under which permission to dig any such excavation, cesspool, tank or pit has been granted to fill up or drain the excavation, cesspool, tank or pit within a period to be specified in such notice.
(2) The 7[State Government] may by notification extend the provision of this section and bye-laws made for the purposes of this section to an area beyond the 8[municipal area] lying within a distance of a mile from the 9[boundary of the municipal area].
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by ALO 1950.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
(1) The 10[Municipality] may, by public notice, order a burial or burning ground which is certified by the Civil Surgeon or the Health Officer to be dangerous, or likely to be dangerous, to the health of person living in the neighbourhood, to be closed from a date to be specified in the notice, and shall, in such case, if no suitable place for burial place exist within a reasonable distance, provide a fitting place for the purpose.
(2) Private burial places in such burial grounds may be excepted from the notice, subject to such conditions as the 11[Municipality] may impose in this behalf:
Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial or members of the family of the owners thereof.
(3) No burial or burning ground, whether public or private, shall be made of formed without the permission in writing of the 1[Municipality].
(4) No person shall, except with the permission of the 2[Municipality] in writing, bury or burn, or cause to be buried or burnt, a corpse in a place other than a recognised burial or burning ground.
(5) Should a person bury or burn, or cause or permit to be buried or burnt, a corpse, contrary to the provisions of this section, he shall be liable upon conviction to a fine which may extend to 3[five hundred] rupees.
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10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 26 of 1964.
The 4[Municipality] may set apart suitable places for the purpose of bathing, and may specify the times at which, and the sex of the persons by whom such places may be used and may also set apart suitable places for washing animals or clothes or other things; and may by public notice prohibit bathing or the washing of animals or clothes or other things in a public place not so set apart, or at times or by persons other than those specified, and may in like manner prohibit an [* * *] act by which water in public places or rivers may be rendered foul or unfit for use or which causes or is likely to cause in convenience or annoyance to persons lawfully using such places.
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4. Subs. by U.P. Act No. 12 of 1994.
(1) The President, the executive officer and, if authorised in this behalf by resolution, any other member, officer or servant of the 5[Municipality], may enter into or upon a building or land, with or without assistants or workmen, in order to make an inspection or surveyor to execute a work which a 6[Municipality] is authorised by this Act, or by rules or bye-laws, to make a execute, or which it is necessary for a 7[Municipality], for any of the purposes or in pursuance of any of the provisions of this Act or of rules or bye-laws, to make or execute :
(2) Provided that,-
(a) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no entry shall be made between sunset and sunrise; and
(b) except when it is in this Act or in rules or bye-laws otherwise expressly provided, no building which is used as a human dwelling shall be so entered, except with the consent of the occupier thereof, without going the said occupier not less than four hours previous written notice of the intention to make such entry; and
(c) sufficient notice shall in every instance by given even when any premises may otherwise be entered without notice, to enable the inmates of an apartment appropriated for females to remove to some part of the premises where their privacy need not be disturbed; and
(d) due regard shall always be had to the social and religious usages of the occupants of the premises entered.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
Where there is reason to believe that, in any building or on any land, a work has been executed in connection with any municipal water-works, drainage works or other municipal undertaking in contravention of the provisions of this Act or of rules or bye-laws, the 1[President] or, if so directed by the 2[President] the executive officer 3[or the medical officer of health] may at any time and without notice inspect such building or land.
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1. Subs. by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 7 of 1949.
3. Ins. by U.P. Act No.5 of 1932.
It shall be lawful for a person authorised under the provisions of Section 287 or 288 to make an entry for the purpose of inspection or of search, to open to cause to be opened a door, gate or other barrier,-
(a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or barrier.
(1) The 5[Municipality] may by bye-law require any water-works, or work of the nature to which Sections 192, 267 and 268 refer, to be executed by municipal or other agency under its own orders.
(2) The expenses of any work so executed shall be paid by the person by whom the work would otherwise have been executed unless the 6[Municipality] shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the municipal fund.
(3) Any pipe, fittings, receptacles or other, appliances for or connected with any water-works or with the drainage or private buildings or lands shall, if supplied, constructed or erected at the expense of the 7[Municipality], to be municipal property unless the 8[Municipality] shall have transferred its interest therein to the owner of such buildings or land.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) Where any sum is due on account of rent from a person to a 9[Municipality] in respect of land vested in, or entrusted to the management of the 1[Municipality], the 2[Municipality] may apply to the Collector to recover any arrear of such rent as if it were an arrear of land revenue.
(2) The Collector on being satisfied that the sum is due shall proceed to recover it as an arrear of land revenue.
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9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
Any arrears due on account of rent from a person to the 3[Municipality] in respect of immovable property other than land vested in or entrusted to the management of the 4[Municipality], shall be recovered in the manner prescribed by Chapter VI.
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3. Subs, by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) The 5[Municipality] may charge fees to be fixed by bye-law or by public auction or by agreement, for the use or occupation (otherwise than under a lease) of any immovable property vested in, or entrusted to the management of the 6[Municipality] including any public street or place of which it allows the use or occupation whether by allowing a projection thereon or otherwise.
(2) Such fees may either be levied along with the fee charged under Section 294 for the sanction, licence or permission or may be recovered in the manner provided by Chapter VI.
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5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
The municipality or any officer or agency or organisation authorised by it in this behalf may levy user charges, at such rates as may be prescribed from time to time by rules, for the-
(i) provision of water supply, drainage and sewerage;
(ii) solid waste management;
(iii) parking of different types of vehicles in different areas and for different periods;
(iv) using of public pathways, footpaths and public land;
(v) stacking of materials or rubbish on public street for construction, alteration, repair or demolition work of any type.
(vi) management of urban infrastructure and civic amenities;
(vii) construction, operation, maintenance and management of sewage treatment plants;
(viii) construction and maintenance of roads, bridges, flyovers and subways;
(ix) construction, maintenance and management of slaughter houses, carcass utilisation plants, meat and fish markets, etc;
(x) any other specific service rendered or infrastructure created or facility or amenity provided.]
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11. Ins. by U.P. Act No. 29 of 2009.
The 1[Municipality] may charge a fee to be fixed by bye-law for any licence, sanctioned or permission which it is entitled to required to grant by or under this Act.
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1. Subs. by U.P. Act No. 12 of 1994.
Whoever obstructs or molests a person employed by, or under contract with the 8[Municipality] under this Act in the performance of his duty or in the fulfillment of his contract, or removes a mark set up for the purpose of indicating any levels or direction necessary to the execution of works authorised by this Act, shall be liable on conviction to a fine which may extend to 9[one thousand rupees or to imprisonment for a period which may extend to six months or to both].
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7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 26 of 1964.
(1) The 1[State Government] shall make rules consistent with this Act in respect to the matters described in Sections 2[95, 127, 153 and 235].
(2) The 3[State Government] may make rules consistent with this Act,-
(a) providing for any matter for which power to make provision is conferred expressly or by implication, on the 4[State Government] by this or any other enactment in force at the commencement of this Act;
(b) generally for the guidance of a 5[Municipality] or any Government officer in any matter connected with the carrying out of the provisions of this or any other enactment relating to municipalities;
6[(c) for the appointment of an ad hoc committee to advice the 7[Municipality] on the preparation of master plan for the 8[municipal area] and its execution; and
(d) providing for the layout of public streets, residential and nonresidential areas.]
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1. Subs. by ALO 1950.
2. Subs. by U.P. Act No.1 of 1955.
3. Subs. by ALO 1950.
4. Subs. by ALO 1950.
5. Subs. by U.P. Act No. 12 of 1994.
6. Ins. by U.P. Act No.7 of 1953.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
(1) A 10[Municipality] may, by special resolution make regulations consistent with this Act, or with any rule under Section 296 or regulation under sub-section (2) made by the 11[State Government], as to all or and of the following matters,-
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10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by ALO 1950.
(a) the time and place of the meetings of a 12[Municipality];
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12. Subs. by U.P. Act No. 12 of 1994.
(b) the manner of convening meetings, and of giving notice thereof;
(c) the conduct of proceedings 13[including the asking of questions by members] at meetings, and the adjournment of meetings;
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13. Ins. by U.P. Act No.6 of 1919.
(d) the establishment of committees, other than merely advisory committees, for any purpose, and the determination of all matters relating to the constitution and procedure of such committees;
(e) the avoidance of any entry shown in the third column of Schedule II;
(f) with reference to sub-section (2) of Section 77, the augmentation of any maximum or minimum monthly salary specified in Sections 74, 75 or 76 with reference to powers over the staff;
(g) the delegation of powers, duties or functions to-
(i) the 1[president] of the 2[Municipality];
(ii) a committee constituted under clause (d);
(iii) a Chairman of such committee;
(iv) the executive officer; or
(v) 3[* * *] any other servant of a 4[Municipality];
5[(vi) any 6[person in the service of the Government] who is employed as civil surgeon, medical officer-in-charge of a hospital or dispensary, medical officer of health, deputy inspector of schools or sub-deputy inspector of schools;]
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1. Subs. by U.P. Act No.7 of 1949.
2. Subs. by U.P. Act No. 12 of 1994.
3. Omitted by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 12 of 1994.
5. Ins. by U.P. Act No. 4 of 1926.
6. Subs. by ALO 1950.
(h) the absentee or other allowances of the servants employed by 7[Municipality];
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7. Subs. by U.P. Act No. 12 of 1994.
(i) the amount and nature of the security to be furnished by a servant of a 8[Municipality] from whom it is deemed expedient to require security;
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8. Subs. by U.P. Act No. 12 of 1994.
(j) the grant of leave to servants of a 9[Municipality] and the remuneration to be paid to the persons, if any, appointed to act for them whilst on leave;
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9. Subs. by U.P. Act No. 12 of 1994.
(k) the 10[conditions of service including] period of service of all servants of a 11[Municipality] and the conditions under which such servants, or any of them, shall, receive gratuities or compassionate allowances on retirement or on their becoming disabled through the execution of their duty, and the amount of such gratuities or compassionate allowance, and the conditions under which any gratuities or compassionate allowances may be paid to the surviving relatives of any such servants whose death has been caused through the execution of their duty;
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10. Subs. by U.P. Act No. 7 of 1953.
11. Subs. by U.P. Act No. 12 of 1994.
(l) the payment of contributions, at such rates and subject to such conditions as may be prescribed in such regulations, to a pension or provident fund established by the 1[Municipality] or with approval of the 2[Municipality], by the said servants;
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(m) the conditions subject to which sums due to a 3[Municipality], may be written off as irrecoverable, and the conditions subject to which the whole or any part of fee chargeable for distress may be remitted; 4[* * *]
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3. Subs. by U.P. Act No. 12 of 1994.
4. Omitted by U.P. Act No. 17 of 1934.
5[(n) all matters similar to those set forth in clauses (e) to (m) and not otherwise provided for in this sub-section; and
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5. Subs. by U.P. Act No. 17 of 1934.
(o) all matters similar to those set forth in clauses (a) to (d) and not otherwise provided for in this sub-section.]
(2) Provided that the 6[State Government] may, if it thinks fit, make regulations consistent with this Act in respect of any of the matters specified in clauses 7[(d) and] (h) to 8[(n)] of sub-section (1), and any regulations so made shall have the effect of rescinding any regulation made by the 9[Municipality] under the said sub-section in respect of the same matter or inconsistent therewith.
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6. Subs. by ALO 1950.
7. Ins. by U.P. Act No.7 of 1949.
8. Subs. by U.P. Act No. 17 of 1934.
9. Subs. by U.P. Act No. 12 of 1994.
(1) A 11[Municipality] by a special resolution may, and where required by the State Government shall, make, bye-laws applicable to the whole or any part of the 12[municipal area], consistent with this Act and with any rule, for the purpose of promoting or maintaining the health, safety and convenience of the inhabitants of the 13[municipal area] and for the furtherance of municipal administration under this Act.
(2) In particular, and without prejudice to the generality of the power conferred by sub-section (1), the 14[* * *] 15[Municipality], wherever situated, may, in the exercise of the said power, make any bye-law described in List I below and the 16[* * *] 17[Municipality], wholly or in part, situated in a hilly tract may further make, in the exercise of the said power, any bye-law described in List II below :
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10 Subs. by U.P Act No. 12 of 1994.
11. Subs. by U.P Act No. 12 of 1994.
12. Subs. by U.P. Act No. 12 of 1994.
13. Subs. by U.P. Act No. 12 of 1994.
14. Omitted by U.P. Act No. 12 of 1994.
15. Subs. by U.P. Act No. 26 of 1995 for the words "municipal area".
16. Omitted by U.P. Act No. 12 of 1994.
17. Subs. by U.P. Act No. 26 of 1995 for the words "municipal area".
LIST I
BYE-LAWS FOR ANY 1[MUNICIPALITY]
A-Building
(a) Extending, with reference to sub-section (2) of Section 178, the necessity of giving notice to all buildings;
(b) declaring, with reference to clause (d) of sub-section (3) of Section 178, an alteration of any specific description to be a material alteration;
(c) determining the information and plans to be furnished to the 2[Municipality] under Section 179;
(d) prescribing that, on payment of fees in accordance with such scale as specified in this behalf plans and specifications shall be obtainable from the 3[Municipality] or from an agency prescribed by the 4[Municipality];
(e) fixing, with reference to Section 181, the period for which a sanction shall remain in force;
(f) prescribing the type or description of buildings which mayor may not, and the purposes for which a building mayor may not be erected in any prescribed area or areas;
(g) prescribing the circumstances in which a mosque, temple, church or other sacred building mayor may not be erected, re- erected or altered;
(h) prescribing with reference to the erection, re-erection or alteration of buildings or of any class of buildings, or any of the following matters-
(i) the materials and method of construction to be used for external and party walls, roofs and floors;
(ii) the position and the materials and method of construction of fire-places, chimneys, drains, latrines, privies, urinals and cesspools;
(iii) the height and slope of the roof above the upper most floor upon which human beings are to live or cooking operations are to be carried on;
(iv) the ventilation and the space to be left about the building to secure free circulation of air and to facilitate scavenging and for prevention of fire;
(v) the level and width of foundation, level of lowest floor, and stability of structure;
(vi) the number and height of the storeys of which the building may consist;
(vii) the means to be provided for egress from the building in case of fire;
(viii) any other matter affecting the ventilation or sanitation of the building; and
(ix) the conditions subject to which sanction for the construction or alteration of a well may be refused or granted, with a view to prevent pollution of the water or danger to any person using the well;
(i) regulating, in any manner not specifically provided for in this Act, the erection of any enclosure, wall, fence, tent awning or other structure, of whatsoever kind or nature, on any land within the limits of the l[municipal area].
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1. Subs. by U.P. Act No. 26 of 1995, for the words "municipal area".
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
B-Drains, privies, cesspools, etc.
(a) regulating in any manner not specifically provided for in this Act, the construction, alteration, maintenance, preservation, cleansing and repair of drains, ventilation shafts and pipes, water-closets, privies, latrines, cesspools and other drainage works;
(b) regulating or prohibiting the discharge into drains or deposit therein, of sewage, sullage polluted water and other offensive or obstructive matter;
(c) prescribing the size and nature of the works which owners or occupiers may be required to construct under Sections 192, 267 and 268, and the agency which shall or may be employed for executing such works.
C-Extinction of fire
(a) prescribing the officer to whom and the place at which the outbreak of a fire shall be reported; and
(b) generally making provision for the procedure and precautions to be adopted by the public on the occasion of a fire and for any other thing relating to fires in respect of which provision is necessary.
D-Scavenging
(a) prescribing the times and places at which receptacles of filth, rubbish or other offensive matter shall be in readiness for the removal of the contents by the municipal scavenging agency;
2[(aa) regulating the work of house-scavenging by the customary sweepers and providing for grant of licences to them and the conditions of any such licence; and]
(b) making provision for any other matter relating to house-scavenging.
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2. Ins. by U.P. Act No. 26 of 1964.
E-Streets
(a) determining the information and plans to be furnished to the 3[Municipality] under Section 203;
(b) permitting, prohibiting or regulating the use or occupation of any or all public streets or places by itinerant vendors, or by any person for the sale of articles, or for the exercise of any calling or for the setting up of any booth or stall, and providing for the levy of fees for such use or occupation;
(c) regulating the conditions on which permission may be given under Section 209 for projections over streets and drains and under Section 265 for the temporary occupation of streets.
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3. Subs. by U.P. Act No. 12 of 1994.
F-Markets, slaughter-houses, sale of food, etc.
(a) prohibiting, subject to the provision of Section 241, use of any place as a slaughter-house, or as a market or shop for the sale of animals intended for human food or of meat or of fish, or as a market for the sale of fruit or vegetables, in default of a licence granted by the 1[Municipality] or otherwise than in accordance with the conditions of a licence so granted;
(b) prescribing the conditions subject to which and the circumstances in which and the areas or localities in respect of which, licences for such use may be granted, refused, suspended or withdrawn;
(c) providing for the inspection of, and regulation of conduct of business, in a place used as aforesaid, so as to secure cleanliness therein or minimize any injuries, offensive or dangerous effect arising or likely to arise therefrom;
(d) providing for the establishment, and except so far as provision may be made by bye-laws under sub-head (c) for the regulation and inspection of markets and slaughter-houses, of livery stables, of encamping grounds of sarais, of flour-mills, of bakeries, of places for the manufacture, preparation or sale of Specified articles of food or drink, or for keeping or exhibiting animals, for sale on hire or animals of which the produce is sold, and of places of public entertainment, or resort, and for the proper and cleanly conduct of business therein;
2[(dd) prescribing the conditions subject to which, and the circumstances in which, and the areas or locality in respect of which, licences for the purposes of sub-head (d) may be granted, refused, suspended or withdrawn, and fixing the fees payable for such licences and prohibiting the establishment of business places mentioned in sub-head (d) in default of licence granted by the 3[Municipality] or otherwise than in accordance with the conditions of a licence so granted]; and
(e) in a 4[municipal area], where a reasonable number of slaughterhouses has been provide or licensed by the 5[Municipality], controlling and regulating the admission within 1[limits of the municipal area], for purposes of sale, of the flesh (other than cured or preserved meat) and any cattle, sheep, goats or swine slaughtered at a slaughter-house or place not maintained or licensed under this Act.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Added by U.P. Act No.7 of 1949.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
.-(1) In making a rule the State Government, and in making a bye-law the 2[Municipality] with the sanction of the State Government, may direct that a breach of it shall be punishable with fine which may extend to 3[one thousand] rupees and when the breach is a continuing breach, with a further fine which may extend to 4[twenty five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.
(2) The 5[Municipality] may with like sanction prescribe a similar penalty for the breach of a rule lawfully made under the United Provinces Municipalities Act, 1873 (Act XV of 1873) and still remaining in force.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 26 of 1964.
4. Subs. by U.P. Act No. 26 of 1964.
5. Subs. by U.P. Act No. 12 of 1994.
(1) The power of the 6[State Government] to make rules or regulations under this chapter is subject to the condition of the rules or regulations being made after previous publication and of their not taking effect until they have been published in the 7[Official Gazette].
(2) Any rule or regulation made by the 8[State Government] may be general for all municipalities or for all municipalities not expressly excepted from its operation or may be special for the whole or any part of anyone or more than one municipality as the 9[State Government] directs.
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6. Subs. by ALO 1950.
7. Subs. by ALO 1950.
8. Subs. by ALO 1950.
9. Subs. by ALO 1950.
(1) The power of the municipality to make bye-laws under Section 298 shall be subject to the condition of the bye-laws being made after previous publication.
(2) The regulations made under Section 297 and U.P. Primary Education Act, 1919 and the bye-laws made under Section 298 shall be published in the Official Gazette.]
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10. Subs. by Sec. 50 of U.P. Act No. 26 of 1995.
(1) If, at any time, it appears to the State Government that any bye-law should be modified or repealed either wholly or in part, it shall cause its reasons for such opinion to be communicated to the municipality and prescribe reasonable period within which the municipality may make any representation with regard thereto which it shall think fit.
(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the State Government may at any time, by notification in the Official Gazette, modify, or repeal such bye-law either wholly or in part.
(3) The modification or repeal of a bye-law under sub-section (2) shall take effect from the date of the publication of the notification in the Official Gazette.]
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11. Ins. by U.P. Act No. 26 of 1995.
Where any notice issued under any section of this Act or under any rule or bye-law requires an act to the done for which no time is fixed by such section or rule or bye-law, the notice shall specify a reasonable time for doing the same, and it shall rest with the Court to determine whether the time so specified was a reasonable time within the meaning of this section.
(1) Every notice or bill issued or prepared under any section of this Act or under any rule or bye-law shall, unless it is in such section or rule or bye-law otherwise expressly provided, be served or presented,-
(a) by giving or tendering the notice or bill, or sending it by post, to the person to whom it is addressed; or
(b) if such person is not found, then by giving the notice or bill at his last known place of abode, if within municipal limits, or by giving or tendering the notice or bill to some adult male member or servant of his family, or by causing the notice or bill to be fixed on some conspicuous part of the building or land (if any) to which the notice or bill relates.
(2) When a notice under this Act or under a rule or a bye-law is required or permitted by or under this Act, or under a rule or a bye-law to be served upon an owner or occupier of a building or land, it shall not be necessary to name the owner or occupier therein, and the service thereof, in cases not otherwise specially provided for in this Act, shall be effected either,-
(a) by giving or tendering the notice, or sending it by post, to the owners or occupier, or if there be more owners or occupiers than one, to anyone of them; or
(b) if no such owner or occupier is found, then by giving or tendering the notice to an adult male member or servant of his family, or by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.
(3) Whenever the person on whom a notice or bill is to be served is a minor, service upon his guardian or upon an adult male member or servant of his family shall be deemed to be served upon the minor.
Subject to the provision of this Act or of any rule, regulation or bye-law, in every case where public notice is to be given by a 1[Municipality], such notice shall be deemed to have been given if it is published in some local English or vernacular paper (if any) and posted upon the notice board to be exhibited for public information at the building in which the meetings of the 1[Municipality] are ordinarily held.
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1. Subs. by U.P. Act No. 12 of 1994.
Where, by this Act or a notice issued thereunder, the public is required to do or to refrain from doing anything, a person who fails to comply with such requisition shall, if such failure is not an offence punishable under any other section, be liable on conviction by a Magistrate to a fine not exceeding 2[one thousand] rupees for every such failure, and, in the case of continuing breach, to a further fine which may extend to 3[twenty-five] rupees for every day after the date of the first conviction during which the offender is proved to have persisted in the breach.
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2. Subs. by U.P. Act No. 26 of 1964.
3. Subs. by U.P. Act No. 26 of 1964.
If a notice has been given under the provisions of this Act or under a rule or bye-law to a person requiring him to execute a work in respect of any property, movable or immovable, public or private, or to provide or do, or refrain from doing anything within a time specified in the notice, and if such a person fails to comply with such a notice, then-
(a) the 4[Municipality] may cause such work to be executed or such thing to be provided or done, and may recover all expenses incurred by it on such account from the said person in the manner provided by Chapter VI; and further;
(b) the said person shall be liable on conviction before a Magistrate, to a fine which may extend to 5[one thousand] rupees, and in case of continuing breach, to a further fine which may extend to 6[twenty-five rupees] for every day after the date of the first conviction during which the offender is proved to have persisted in the offence.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 26 of 1964.
6. Subs. by U.P. Act No. 26 of 1964.
(1) If the person to whom the notice mentioned in Section 307 has been given, is the owner of the property in respect of which it is given, the 7[Municipality] may (whether any action or other proceeding has been brought or taken against such owner or not) require the person, if any, who occupies such property or a part thereof under such owner to pay to the 8[Municipality] instead of to the owner, the rent payable by him in respect of such property, as it fails due, upto the amount recoverable from the owner under Section 307; and any such payment made by the occupier to the 9[Municipality] shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been made to the owner of the property.
(2) For the purpose of deciding whether action should be taken under sub-section (1), the 1[Municipality] may require an occupier of property to furnish information as to the sum payable by him as rent on account of such property and as to the name and address of the person to whom it is payable and if the occupier refuses to furnish such information he shall be liable for the whole of the expenses as if he were the owner.
(3) All money recoverable by the 2[Municipality] under this section shall be recoverable in the manner provided by Chapter VI.
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7. Subs. by U.P. Act No. 12 of 1994. 8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
Whenever default is made by the owner of a building or land in the execution of a work required by or under this Act to be executed by him, the occupier of such building or land may, with the approval of the 3[Municipality], cause such work to be executed, and the expenses thereof shall, in the absence of any contract to the contrary, be paid to him by the owner, or the amount may be deducted out of the rent, from time to time, becoming due from him to such owner.
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3. Subs. by U.P. Act No. 12 of 1994.
(1) If, after receiving information of the intention of the owner of any building or land to take any action in respect thereof in compliance with a notice issued under this Act, the occupier refuses to allow such owner to take such action, the owner may apply to a Magistrate.
(2) The Magistrate upon proof of such refusal may make an order in writing requiring the occupier to allow the owner to execute all such works, with respect to such building or land, as may be necessary for compliance with the notice, and may also, if he thinks fit, order the occupier to pay to the owner the costs relating to such application or order.
(3) If, after the expiration of eight days from the date of Magistrate's order, the occupier continues to refuse to allow the owner to execute such work, the occupier shall be liable, upon conviction to a fine which may extend to twenty-five rupees for every day during which he has so continued to refuse.
(4) Every owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.
When the occupier of a building or land has, in compliance with a notice issued under the provisions of this Act, executed a work for which the owner of such building or land is responsible, either in pursuance of the contract of tenancy or by law, shall, in the absence of any contract to the contrary, be entitled to recover from the owner by deduction from the rent payable by him or otherwise the reasonable cost of such work.
.-(1) The expenses incurred by the 5[Municipality] in effecting any removal under Section 263 or 265 or, in the event of a written notice under Sections 211, 263, 264 or 278 not being complied with under Section 307, shall be recoverable by sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be recoverable from the owner of the said materials in the manner provided by Chapter VI.
(2) If the expenses of removal are in any case paid before the materials are sold, the 1[Municipality] shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of and on his paying all other expenses, if any, incurred by the 2[Municipality] in respect thereof, or in respect of the intended sale or disposal thereof.
(3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the 3[Municipality] thinks fit, as soon as conveniently may be after one month from the date of their removal, whether the expenses of the removal have in the meantime been paid or not; and the proceeds, if any, of the sale or other disposal shall, after defraying therefrom the costs of the sale or their disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the 4[Municipality].
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) When a person, by reason of his receiving, or being entitled to receive, the rent of immovable property as trustee or agent of a person or society would, under this Act, be found to discharge an obligation imposed by this Act on the owner of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless, he has, or but for his own improper act or default might have had, in his hands funds belonging to the owner sufficient for the purpose.
(2) When an agent or trustee has claimed and established his right to relief under this section, the 5[Municipality] may give him notice to apply to the discharge of such obligation as aforesaid the first moneys which come to his hands on behalf, or for the use of the owner, and should he fail to comply such notice, he shall be deemed to be personally liable to discharge such obligation.
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5. Subs. by U.P. Act No. 12 of 1994.
Unless otherwise expressly provided, no Court shall take cognizance of any of the offences punishable under this Act (whereof a list is given in Schedule VIII for the purpose merely of easier reference) or under any rule or bye-law, except on the complaint of, or upon information received from, the 6[Municipality] or some person authorised by the 7[Municipality] by general or special order in this behalf.
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
(1) The Executive Officer or Medical Officer of Health of a 9[Municipality] or in municipalities in which there is no Executive Officer or Medical Officer of Health, the president of a 1[Municipality] may either before or after the institution of proceedings, compound an offence against this Act or a rule or bye-law, except an offence described in Sections 237(4), 242, 246, 247, 281, 285(5) or 295 :
Provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by or on behalf of the 2[Municipality], unless the notice has been complied with, in so far as compliance is possible].
(2) When an offence has been compounded, the offender, if in custody, shall be discharged and no further proceedings shall be taken against him in respect of the offence so compounded.
(3) Sums paid by way of composition under this section shall be credited to the municipal fund.
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8. Subs. by U.P. Act No. 26 of 1964.
9. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
If through an act, neglect or default on account whereof a person shall have incurred a penalty imposed by or under this Act any damage to the property of the 3[Municipality] shall have been caused, the person incurring such penalty shall be liable to make good such damage as well as to pay such penalty; and the amount of damage shall, in case of dispute, be determined by the Magistrate by whom the person incurring such penalty is convicted, and on non-payment of such amount on demand the same shall be levied by distress, and such Magistrate shall issue his warrant accordingly.
Every police officer shall give immediate information to the 4[Municipality] of an offence coming to his knowledge which has been committed against this Act or against an Act referred to in clause (b) of sub-section (1) of Section 114, or against any rule made under any of the said Acts and shall be bound to assist all members, officers and servants of the 5[Municipality] in the exercise of their lawful authority.
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3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
Appeals from orders of 6[Municipality] and suits against the 7[Municipality]
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6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
(1) Any person aggrieved by any order or direction made by 9[Municipality] under the powers conferred upon it by Sections 180(1), 186, 10[204], 205(1), 208, 211, 11[212], 222 (6), 241(2), 245, 278 and 285 or under a bye-law made under Heading 'G' of Section 298, may within thirty days from the date of such direction or order, exclusive of the time requisite for obtaining a copy thereof, appeal to such officer as the 12[State Government] may appoint for the purpose of hearing such appeals or any of them, or failing such appointment, to the District Magistrate.
1[* * *]
(2) The Appellate Authority may, if it thinks fit, extend the period allowed by sub-section (1) for appeal.
(3) No appeal shall be dismissed or allowed in part or whole unless reasonable opportunity of showing cause or being heard has been given to the parties.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Ins. by U.P. Act No. 7 of 1949.
11. Ins. by U.P. Act No. 7 of 1949.
12. Subs. by ALO 1950.
1. Omitted by U.P. Act No. 12 of 1994.
(1) If on the hearing of an appeal under Section 318 any question as to the legality of the promotion, direction, notice or order arises on which the officer hearing the appeal entertains reasonable doubt, he may, either of his own motion or on the application of any person interested, draw up a statement of facts of the case and the point on which doubt is entertained, and refer the statement, with his own opinion on the point, for the decision of the High Court.
(2) On a reference being made under sub-section (1), the subsequent proceedings in this case shall be as nearly as may be in conformity with the rules relating to references to the High Court contained in Order XLVI of the First Schedule of the Code of Civil Procedure, 1908 (Act V of 1908), or such other rules as are made by the High Court under Section 122 of that Code.
(1) The Court deciding the appeal shall have power to award costs at its discretion.
(2) Costs awarded under this section to the 2[Municipality] shall be recoverable by the 3[Municipality] as if they were arrears of a tax due from the appellant.
(3) If the 4[Municipality] fails to pay any costs awarded to an appellant under this section within ten days after the date of the communication of the order for payment thereof, the Court awarding the costs may order the person having the custody of the balance of the municipal fund to pay the amount.
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2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
(1) No order or direction referred to in Section 318 shall be questioned in any other manner or by any other authority than is provided therein.
(2) The order of the Appellate Authority confirming, setting aside or modifying any such order or direction shall be final:
Provided that it shall be lawful for the Appellate Authority, upon application, and after giving notice to the other party, to review any order passed by him in appeal by a further order passed within three months from the date of his original order.
Where an order or direction referred to in Section 318 is subject to appeal and an appeal has been instituted against it, or a civil suit has been instituted in respect thereof, all proceedings to enforce such order and all prosecutions for a breach thereof, may, by order of the Appellate Authority or of the Civil Court, as the case may be, be suspended pending the decision of the appeal or the civil suit, and if such order is set aside on appeal or by the decision of the Civil Court disobedience thereof shall not be deemed to be an offence.]
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5. Subs. by U.P. Act No. 7 of 1949.
Every order of forfeiture under Section 201 and every order under Section 302 or Section 258 shall be subject to appeal to the next superior court to that by which the order was passed, but shall not be otherwise open to appeal or revision.
].-(1) Should a dispute arise touching the amount of compensation which the 2[Municipality] is required by this Act to pay, it shall be settled in such manner as the parties may agree, or in default of agreement, by the Collector upon application made to him by the 3[Municipality] or the person claiming compensation.
(2) Any decision of the Collector awarding compensation shall be subject to a right of the applicant for compensation to require reference to the District Judge in accordance with the procedure set forth in Section 18 of the Land Acquisition Act, 1894 (Act I of 1894).
(3) In cases in which compensation is claimed in respect of land, the Collector and the District Judge shall, as far as may be, observe the procedure prescribed by the said Act for proceedings in respect of compensation for the acquisition of land acquired for public purposes.
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
(1) Should a dispute arise between a 4[Municipality] and any other local authority on any matter in which they are jointly interested, such dispute shall be referred to the 5[State Government], whose decision shall be final.
(2) The 6[State Government] mat regulate by rule made under Section 296 the relation to be observed between 7[Municipality] and other local authorities in any matter in which they are jointly interested.
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4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by ALO 1950.
6. Subs. by ALO 1950.
7. Subs. by U.P. Act No. 12 of 1994.
(1) No suit shall be instituted against a 9[Municipality], or against a member, officer or servant of a 10[Municipality], in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice in writing has been in the case of a 11[Municipality], left at its office, and, in case a member, officer or servant, delivered to him or left at his office or place of abode, explicitly stating the cause of action, the nature of the relief sought, the amount of compensation claimed, and the name and place of abode of the intending plaintiff, and the plaint shall contain a statement that such notice has been so delivered or left.
(2) If the 1[Municipality], member, officer or servant shall, before action is commenced, have tendered sufficient amends to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, shall also pay all costs incurred by the defendant after such tender.
(3) No action such as is described in sub-section (1) shall, unless it is an action for the recovery of immovable property or for a declaration of title thereto, be commenced otherwise than within six months next after the accrual of the cause of action.
(4) Provided that nothing in sub-section (1) shall be construed to apply to a suit wherein the only relief claimed is an injunction of which the object would be defeated by the giving of the notice or the postponement of the commencement of the suit or proceeding.
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8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Subs. by U.P. Act No. 12 of 1994.
11. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
No Civil Court shall in the course of any suit 'grant any temporary injunction or make any interim order,-
4[(a) restraining any person from exercising the powers or performing the functions or duties of a President of 5[* * *] of a 6[Municipality] or by Chairman of a committee or sub-committee of a 7[Municipality] or of a member, officer or servant of a 8[Municipality] or of a committee or sub-committee of a 9[Municipality] on the ground that such person has not been duly elected, nominated or appointed as such President, 10[* * *], Chairman, member, officer or servant; or]
(b) restraining any person or persons or any 1[Municipality] or committee or sub-committee of a 2[Municipality] from holding any election, or from holding any election in any particular manner.]
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3. Added by U.P. Act No.4 of 1934.
4. Subs. by U.P. Act No.1 of 1955.
5. Omitted by U.P. Act No. 49 of 2007.
6. Subs. by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
8. Subs. by U.P. Act No. 12 of 1994.
9. Subs. by U.P. Act No. 12 of 1994.
10. Omitted by U.P. Act No. 49 of 2007.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
The 3[State Government] may, by notification, delegate to the 4[prescribed Authority] in respect of any specified municipality or municipalities 5[within his or its jurisdiction] any one or more of the powers vested in it by this Act, with the exception of the powers detailed in Schedule VII.
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3. Subs. by ALO 1950.
4. Subs. by U.P. Act No. 7 of 1949.
5. Subs. by U.P. Act No. 7 of 1953.
The minute books and assessment lists of the 6[Municipality] shall be open to inspection free of charge by any tax-payer or elector under conditions to be prescribed by bye-law in this behalf.
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6. Subs. by U.P. Act No. 12 of 1994.
Books containing every rule, regulation and bye-law shall be kept in the municipal office and shall be open, during the ordinary hours of business, to inspection free of charge by any person and shall be for sale to the public at such office at reasonable price to be specified by bye-law in this behalf.
A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a 7[Municipality], shall, if duly certified by the legal keeper thereof or other person authorised by bye-law in this behalf, be received as prima facie evidence of the existence of the entry or documents and shall be admitted as evidence of the matters and transaction therein recorded in every case, where, and to the same extent as, the original entry or document would if produced, have been admissible to prove such matters.
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7. Subs. by U.P. Act No. 12 of 1994.
No municipal officer or servant shall in any legal proceeding to which a 8[Municipality] is not a party be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.
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8. Subs. by U.P. Act No. 12 of 1994.
With the previous sanction of the 9[President] any member of a 10[Municipality] may inspect any work or institution, constructed or maintained, in whole or part, at the expense of the 1[Municipality], and any register, book, accounts or other document belonging to, or in the possession of, the 2[Municipality].
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9. Subs. by U.P. Act No.7 of 1949.
10. Subs. by U.P. Act No. 12 of 1994.
1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
(1) The Municipal Council shall maintain and publish its records to disclose the required information at quarterly intervals as mentioned below:
(a) proceedings or substance of proceedings of the Municipal Council or its Committees,
(b) a directory of its officers and employees,
(c) the particulars of officers, who grant concessions, permits, licenses or provide civic amenities in various departments of the Municipal Council. .
(d) audited financial statements of balance sheet, receipts and expenditures, annual budget, etc.,
(e) the service levels provided for each of the services being provided by the Municipal Council.
(f) particulars of all plans, proposed expenditure, actual expenditure on major services provided or activities performed and reports on disbursements made,
(g) details of subsidy programmes on major services provided or activities performed by the Municipal Council, and manner and criteria of identification of beneficiaries of such programmes,
(h) details of programmes undertaken by the Municipal Council,
(i) particulars of City Development Plans and Detailed Project Reports relating to the development of the Municipal Council,
(j) the particulars of major works, values of works, time of completion and details of contract,
(k) the details of Municipal Council Funds-
(i) income generated and realized in the previous year under tax and non-tax heads;
(ii) taxes, duties, cess and surcharge, rent, fee from property permit and licence and user charges;
(iii) amounts against (ii) above, that remain uncollected;
(iv) grants, loans or devolution of funds from State Government for various purposes and the position of utilization.
(1) such other information as may be prescribed by the State Government.
(2) Manner of disclosure shall include:
(a) Newspapers,
(b) Internet,
(c) Notice Boards of Municipal Council,
(d) issue of a Bulletin,
(e) notification in Gazette,
(f) any other mode as may be prescribed by the State Government.]
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3. Ins. by U.P. Act No. 29 of 2009.
When a new municipality is created under this Act, the District Magistrate, or other officer, or committee, or authority appointed by him in this behalf, may until a 3[Municipality] is established, exercise the powers and perform the duties and functions of the 4[Municipality], and, he or it shall, for the purposes, aforesaid be deemed to be the 5[Municipality]:
Provided always that the District Magistrate or such other officer, or committee, or authority shall, as early as possible, make preliminary arrangements for the holding of first elections and generally of expediting the assumption by the 6[Municipality] of its duties when constituted.
7[* * *]
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1. Subs. by U.P. Act No. 12 of 1994.
2. Subs. by U.P. Act No. 12 of 1994.
3. Subs. by U.P. Act No. 12 of 1994.
4. Subs. by U.P. Act No. 12 of 1994.
5. Subs. by U.P. Act No. 12 of 1994.
6. Subs. by U.P. Act No. 12 of 1994.
7. Second proviso omitted by U.P. Act No. 12 of 1994.
Where a smaller urban area is declared in place of a transitional area, the following consequences shall follow as from the date of the declaration of the smaller urban area,-
(i) all taxes, fees, licences, fines or penalty imposed, prescribed, or levied on the date immediately preceding the said date, by the Nagar Panchayat be deemed to have been imposed, prescribed or levied by the Municipal Council under or in accordance with the provisions of this Act and shall until modified or changed continue to be so realisable;
(ii) any expenditure incurred by the Nagar Panchayat, on or before the date immediately preceding the said date, from its fund, shall continue to be so incurred by the Municipal Council as if it was an expenditure authorised by or under this Act;
(iii) all properties, including rights or benefits subsisting under any deed, contract, bond, security or choses-in-action, vested in the Nagar Panchayat, on the date immediately preceding the said date, shall be transferred to and vested in and ensure for the benefit of the Municipal Council;
(iv) all liabilities, whether arising out of contract or otherwise which have accrued against the Nagar Panchayat and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the Municipal Council;
(v) the municipal fund of the Nagar Panchayat and all the proceeds of the unexpanded taxes, tolls, fees or fines levied or realised by it, shall be transferred to and from part of the municipal fund of the Municipal Council;
(vi) all legal proceedings commenced by or against the Nagar Panchayat and pending on the date immediately preceding the said date, shall be continued by or against the Municipal Council;
(vii) any officer or servant who, on the date immediately preceding the said date, was employed by the Nagar Panchayat, in full time employment shall be transferred to and become an officer or servant of the Municipal Council as if he has been appointed by it under the provisions of this Act; and
(viii) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or licences granted or registration effected by the Nagar Panchayat, shall be deemed to have been done or taken by the Municipal Council and shall continue in force accordingly until superseded by anything done or any action taken by it.]
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9. Subs. by U.P. Act No. 12 of 1994.
Where a municipality is constituted for a municipal area which has been excluded from an existing municipal area (hereinafter in this section referred to as undivided municipal area) the following consequences shall follow as from the date of constitution (hereinafter in this section referred to as the said date) of the municipality,-
(a) all taxes, fees, licences, fines or penalties imposed, prescribed or levied, on the date immediately preceding the said date, by the municipality of the undivided municipal area be deemed to have been imposed, prescribed or levied by the newly constituted municipality under the provisions of this Act;
(b) any expenditure in respect of the area included in the municipal area of the newly constituted municipality incurred by the municipality of the undivided municipal area on or before this date immediately preceding this said date from its funds, shall continue to be so incurred by the newly constituted municipality as if it was expenditure authorised by or under this Act;
(c) all property within the municipal area of the newly constituted municipality, including the rights or benefits subsisting under any deed, contract, bond, security or chooses-in-action vested in the municipality of the undivided municipal area on the date immediately preceding the said date, shall be transferred to and vested in and enure for the benefit of the newly constituted municipality;
(d) all liabilities in respect of the municipal area of the newly constituted municipality, whether arising out of contract or otherwise which have accrued against the municipality of the undivided municipal area and are outstanding on the date immediately preceding the said date shall thereafter be the liabilities of the newly constituted municipality;
(e) such part of the fund of the municipality of undivided municipal area and the proceeds of any unexpended taxes, tolls, fees or fines levied or realised by the said municipality, as may be decided by the State Government, shall be transferred to and form part of the municipal fund of the newly constituted municipality;
(f) such of the servants of the municipality of the undivided municipal area as are transferred to the newly constituted municipality shall become servants of the newly constituted municipality as if they had been appointed by the newly constituted municipality under and subject to the provisions of this Act.
(g) anything done or any action taken, including any appointment or delegation made, notification, order or direction issued, rule, regulation, form, bye-law or scheme framed, permit or 1irence granted or registration affected under the provisions of this Act in relation to or in respect of the municipal area of the newly constituted municipality shall be deemed to have been done or taken by the newly constituted municipality.]
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2. Subs. by U.P. Act No. 12 of 1994.
(1) The enactments specified in Schedule IX are repealed.
(2) Provided that this repeal shall not affect,-
(a) the validity of any appointment, or any grant or appropriation of money or property, or any tax or impost, made or imposed under any enactment hereby repealed; or
(b) the terms of remuneration, or right to pension, of any officer appointed before the commencement of this Act.
Nothing in this Act shall affect any provisions of the Indian Railways Act, 1890 (Act No. IX of 1890)4, or any rule made under that Act.
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4. See now Railways Act, 1989.
All acts done before the commencement of this Act which could have been lawfully done if this Act had been in force shall be deemed to have been lawfully done.
5[* * *]
6[* * *]
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5. Omitted by U.P. Act No. 26 of 1964.
6. Chapter XII containing Secs. 337 to 339 omitted by U.P. Act No. 12 of 1994.
(1) If any difficulty arises in giving effect to the provisions of this Act or, by reasons of anything contained in this Act, to any other enactment for the time being in force, the State Government may, as occasion requires, by a notified order make such provisions not inconsistent with the provisions of this Act as appears to it to be necessary or expedient for removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiration of the period of two years from commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.
(3) The provisions made by any order under sub-section (1), shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994.
(4) Every order made under sub-section (1) shall be laid as soon as may be, before both the Houses of the State Legislature and the provisions of sub-section (1) of Section 23-A of the Uttar Pradesh General Clauses Act, 1904, shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.]
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7. Ins. by U.P. Act No. 12 of 1994.
On and from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, any reference to the municipal board or the Town Area Committee constituted under the United Provinces Town Areas Act, 1914 2[or the Notified Area Committee constituted under Section 338] in any rules, regulations, byelaws, statutory instruments, or in any other law for time being in force, or in any document or proceedings, shall be construed as reference 3[to the Municipal Council for the Municipal Board or to the Nagar Panchayat for the Town Area Committee or the Notified Area Committee].
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1. Ins. by U.P. Act No. 12 of 1994.
2. Ins. by U.P. Act No. 26 of 1995, Sec. 51(a).
3. Subs. by U.P. Act No. 26 of 1995, Sec. 51(b), for the words "respectively to the Municipal Council or to the Nagar Panchayat".
5[(1) Notwithstanding anything in this Act, all the powers, functions and duties of every Municipal Board, its President and Committees, Notified Area Committee and its Chairman, or Town Area Committee and its Chairman, as they stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 shall on such commencement vest in and be exercised, performed and discharged by the District Magistrate who shall in respect of Municipal Board, its President and Committees, be deemed to be Municipal Council, its President and Committees and in respect of Notified Area Committee and its Chairman or Town Area Committee and its Chairman be deemed to be Nagar Panchayat and its Chairman].
(2) The District Magistrate may delegate all or any of the powers, functions and duties to any other person or authority.
(3) The District Magistrate in whom the powers, functions and duties of a Municipal Board and its President, or a Notified Area Committee and its Chairman or a Town Area Committee and its Chairman are vested under the Uttar Pradesh Municipalities, Notified Areas and Town Areas (Alpakalik Vyavastha) Adhiniyam, 1994, including the person or authority to whom the District Magistrate has delegated his powers, shall be deemed to be vested with such powers, functions and duties under the provisions of this section.
6[(4) Notwithstanding anything in this section, the election to constitute the Municipal Councils and the Nagar Panchayats shall be held within a period of one and a half years from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 in accordance with the provisions of this Act as amended by the said Act and on the constitution of the Municipal Council or the Nagar Panchayat, as the case may be, the provisions of sub-sections (1), (2) and (3) shall cease to have effect.]]
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4. Ins. by U.P. Act No. 12 of 1994.
5. Subs. by Sec. 52 of U.P. Act No. 26 of 1995.
6. Subs. by Sec. 52 of U.P. Act No. 26 of 1995.