UTTAR PRADESH MUNICIPALITIES ACT, 1916
(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 b
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 se
[(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 th
(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 mu
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.
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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]
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9[* * *]
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9. Omitted 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],-
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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. 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.
(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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2[* * *]
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2. Omitted by U.P. Act No. 12 of 1994.
.-(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 w
(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 :
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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 o
2[* * *]
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2. Omitted by U.P. Act No. 12 of 1994.
(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 expi
1[* * *]
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1. Omitted by U.P. Act No. 12 of 1994.
2[UTTARAKHAND] AMENDMENT
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2. The word "Uttaranchal" subs. by Act No. 52 of 2006.
10-AA. [x x x]3
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3. Section 10-AA omitted by Uttarakhand Act No.3 of 2008.
4[* * *]
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4. Omitted by U.P. Act No. 12 of 1994.
(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.]
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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 there
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.]
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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.
16[* * *]
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16. Omitted by U.P. Act No.7 of 1949.
The members of a municipality shall be elected on the basis of adult suffrage in accordance with the provisions of this Act.]
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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, sub
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
(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
(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.
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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 pr
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.
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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. Omitted by U.P. Act No. 12 of 1994.
7. Subs. by U.P. Act No. 12 of 1994.
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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 fo
4[* * *]
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4. Omitted by U.P. Act No.7 of 1953.
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.]
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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.]
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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
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7. The
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.]
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3. Subs. by U.P. Act No. 12 of 1994.
4[UTTARAKHAND] AMENDMENT
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4. The word "Uttaranchal" subs. by Act No. 52 of 2006.
&
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,-
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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
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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
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
(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
5[* * *]
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5. Omitted by U.P. Act No. 12 of 1994.
1[UTTARAKHAND] AMENDMENT
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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.]
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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 agen
(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 sha
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,-
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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 substitute
(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].
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6[* * *]
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6. Omitted by U.P. Act No.7 of 1953.
7[* * *]
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7. Omitted by U.P. Act No.7 of 1949.
(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.]
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8. Subs. by U.P. Act No. 12 of 1994.
9. Ins. by
Section 19 of the Uttar Pradesh Municipalities Act, 1916, governs the procedure for questioning the validity of municipal elections through a petition. It provides the legal framework for election disputes, ensuring transparency and accountability in municipal governance.
Section 19 empowers any person aggrieved by an election of a municipal member to file an election petition challenging the validity of such election. The section specifies the grounds, procedure, and jurisdiction for such petitions, allowing for judicial review of electoral processes.
Section 19 applies to:- Elections of municipal members, including the President or Chairman, where applicable.- Grounds of challenge include procedural irregularities, corrupt practices, or disqualifications.- The section is applicable to both initial elections and subsequent disputes.- It extends to elections conducted under the provisions of the Act, including amendments and related rules.
While Section 19 itself primarily deals with the procedure for challenging elections, violations such as corrupt practices or concealment of disqualifying facts may lead to disqualification, annulment of election, and legal penalties under related provisions. For example, concealment of facts leading to disqualification can result in declaring the election void [Hamid Ali VS Akaram Khan].
Note: The analysis draws on judicial interpretations, case law, and statutory provisions to provide a comprehensive understanding of Section 19 of the Uttar Pradesh Municipalities Act, 1916.
(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.
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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 Proc
(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
(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.]
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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 memorand
9[* * *]
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9. Omitted by U.P. Act No. 17 of 1982.
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,-
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(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 absolu
(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 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)]
3[* * *]
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3. Omitted by U.P. Act No.7 of 1953.
A. 4[* * *]
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4. Omitted by U.P. Act No.7 of 1953.
Control of 5[Municipality]
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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.]
_________________________
6. Subs. by U.P. Act No. 12 of 1994.
7[* * *]
_________________________
7. Omitted 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 suc
(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.
_________________________
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[Municip
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.
_________________________
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. b
(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.
(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.
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. Su
10[* * *]
_________________________
10. Repealed by U.P. Act No. 17 of 1934.
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.
Section 39 of the Uttar Pradesh Municipalities Act, 1916, governs the resignation of municipal members, providing a legal framework for members to voluntarily exit their positions within municipal governance.
Section 39 stipulates that a member of a municipality may resign from their position, subject to prescribed procedures. It was substituted by U.P. Act No. 7 of 1949, indicating legislative amendments over time.
Note: The analysis is based on the available sources and general principles of municipal law as per the Uttar Pradesh Municipalities Act, 1916.
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. 1
(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 lon
8[* * *]
_________________________
8. Omitted by U.P. Act No.7 of 1953.
(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.]
_________________________
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[* *
11[* * *]
_________________________
11. 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
&nbs
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;
.-(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 per
2[* * *]
_________________________
2. Omitted by U.P. Act No.7 of 1949.
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.
4[* * *]
_________________________
4. Omitted by U.P. Act No. 35 of 1978.
(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.
7[* * *]
_________________________
7. Omitted by U.P. Act No.5 of 1932.
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
&n
The President of a municipality shall be ex officio member of the municipality.]
_________________________
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,-
_________________________
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];
&
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];]
_________________________
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. 1
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.]
_________________________
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 mak
11[* * *]
_________________________
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 V
(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].
_________________________
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.
&nbs
5[* * *]
_________________________
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.
&
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.]
_________________________
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
1[* * *]
_________________________
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.
&n
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.]
_________________________
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.]
_________________________
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, unti
(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
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 :
_________________________
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.]
&nbs
(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,-
_________________________
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;
_________________________
5. Subs. by U.P. Act No. 12 of 1994.
(b) the power to suspe
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
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].
_________________________
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.
&
(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 file
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].
_________________________
(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 ma
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.
_________________________
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.]
_________________________
(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.]
_________________________
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.
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.]
_________________________
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.
_________________________
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),
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].
_________________________
&
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 o
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[* * *]
_________________________
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)].
_________________________
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.
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.]
_________________________
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,
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.
_________________________
4. Subs. by U.P. Act No.7 of 1949.
&
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.]
_________________________
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.
&n
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.
_________________________
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.]
_________________________
&n
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:
_________________________
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 Of
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.]
_________________________
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.]
_________________________
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.
_________________________
&n
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.]
_________________________
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 remova
(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)
(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
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.
_________________________
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 recove
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 :
_________________________
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 d
(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].
_________________________
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[sha
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].
_________________________
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,-
_________________________
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
_________________________
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.
_________________________
&nb
(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.]
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
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.
_________________________
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:
_________________________
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 d
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.
_________________________
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.
_________________________
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].]
_________________________
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 1
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
(1) The sanction of the 11[Municipality] by resolution is required in the case of every contract,-
_________________________
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]:
_________________________
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. Sub
(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:
_________________________
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
_________________
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 S
(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
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.
_________________________
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 1
(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, sanc
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.
_________________________
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.
&nbs
(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.
_________________________
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" occur
(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.
_________________________
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.
&nb
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.
_________________________
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.
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(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 over
(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
(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[Municipali
(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. Su
(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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(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 minu
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, prima
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 a
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
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.
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 n
(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 Govern
(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) 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.
&
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
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.
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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
(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
(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 municipalitie
(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
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.]
&
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)
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 direc
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
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,
(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
(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
(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
(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 specifi
(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.
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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(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[
(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 la
(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
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 designa
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 Municipa
(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
(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 assesse
(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.
&
(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 o
(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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4[154. [* * *]
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4. Omitted by U.P. Act No.9 of 1991.
[* * *]
. [* * *]
(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. S
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 o
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
.-(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 o
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 o
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
(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, un
(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 i
(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, wa
(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 recover
(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
(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) 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
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 resid
(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.
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.
(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.
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
(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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&nb
(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 co
(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 Sectio
(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
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,
(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[Provi
(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.
1
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), an
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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(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 afore
.-(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 condi
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
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 e
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 marke
(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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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[Municipal
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]
(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 t
(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 c
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
(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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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 :
(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
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 prescr
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
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;
- 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
(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
.-(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],
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 prescr
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 su
(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 u
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 clau
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.
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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) 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 o
(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
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 hoardin
(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.
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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 necess
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 scaffoldi
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
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 19
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 o
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)
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.
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(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 a
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 pl
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.
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.
(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
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 pro
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 su
(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, ope
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] a
(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 o
(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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.-(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 N
(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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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 u
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.
No notice or bill shall be invalid for defect of form.
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 convi
(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 fu
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
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 c
(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.
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.
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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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(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 hear
(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
(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
(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 t
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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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 e
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.
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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
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 immediate
(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 Governmen
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.
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.
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