UTTAR PRADESH MUNICIPAL CORPORATION ACT, 1959
2[(1) This Act may be called the Uttar Pradesh Municipal Corporation Act, 1959.]
(2) It extends to the whole of the State of Uttar Pradesh.
(3) This Chapter shall come into operation at once, and the remaining provisions of this Act shall in relation to a City come into operation from such day as the State Government may by notification in the Official Gazette appoint in that behalf [and different dates may be appointed for different provisions]3.
Provided that for the limited purpose of constituting a Corporation for a City under this Act, the provisions of Chapter II including -
(a) the delimitation of wards in the City;
(b) the preparation and publication of electoral rolls;
In this Act unless there be something repugnant in the subject or context-
(1) "advertisement" means any word, letter, model, sign, placard, board, notice, device, or representation whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction and includes any hoarding or similar structures used or adapted to be used for the display of advertisement;
(2) "appointed day" with reference to a City means the day on which the due constitution of the Corporation for the City is notified in the Official Gazette;
(3) "Assembly Rolls" mean the electoral rolls prepared for the Assembly constituencies under and in accordance with the provisions of the Representation of the People Act, 1950;
(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 larger urban area, shall be known as a City, by such name as he may specify.
(2) Where, by a subsequent notification under clause (2) of Article 243-Q of the Constitution the Governor includes any area in a city, such area shall thereby become subject to all notifications, rules, regulations, bye-laws, orders and directions issued or made under this or any other enactment and in force in the city at the time immediately preceding the inclusion of such area and all taxes, fees and charges imposed under this Act, shall be and continue to be levied and collected in the aforesaid area.]
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27 Su
A Municipal Corporation constituted under sub-clause (c) of clause (1) of Article 243-Q of the Constitution in accordance with Part IX-A thereof shall be known as the Municipal Corporation of ……….(Name of the city) and be a body corporate.]
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28 Subs. by U.P. Act 26 of 1995, S.4 (w.e.f. 28-12-1994).
The Corporation authorities charged with carrying out the provisions of this Act for each City shall be -
(a) the Corporation;
29 [(aa) the Ward Committees];
(b) an Executive Committee of the Corporation;
30 [(bb) the Mayor;]
(c) a Development Committee of the Corporation;
31 [(d) a Municipal Commissioner and one or more Additional Municipal Commissioner appointed for the Corporation under this Act;]
(d) in the event of the Corporation establishing or acquiring electricity supply or public transport undertaking or other public utility services, such other committee or committees of the Corporation as the Corpo
(1) The State Government shall appoint an officer to be the Director of Local Bodies, Uttar Pradesh.
(2) In addition to the functions 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 the Mahapalika (not being powers under Section 538 and 539), as the State Government may, by notification in the Gazette and subject to such conditions and restrictions (including the condition of review by itself) as may be specified in such notification, delegate to him.]
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32 Ins. by U.P. Act 41 of 1976 (w.e.f. 15-9-1976).
(1) The Corporation shall consist of a Mayor and -
(a) Corporators whose number shall be such as the State Government may, by notification in the Official Gazette, fix but which shall not be less than sixty and not more than one hundred and ten, which number shall be in addition to the members nominated under clause (b);
(b) Nam Nirdishta Sadasyas who shall be nominated by the State Government by a like notification from amongst persons having special knowledge or experience in municipal administration and whose number shall not be less than five and not more than ten;
(c) Paden Sadasyas comprising the members of the House of the People and the State Legislative Assembly representing constituencies comprising the whole or part of the City;
(d) P
Each Wards Committee, constituted under clause (1) of Article 243-S of the Constitution within the territorial area of a Corporation having a population of three lakh or more, shall consist of ten wards.
(2) The territorial area of a Wards Committee shall consist of the territorial areas of the wards comprised in such committee;
(3) Each Wards Committee shall consists of -
(a) all the Corporators representing the wards within the territorial area of the Wards Committee;
(b) such other members, not exceeding five, as may be nominated by the State Government from amongst persons registered as electors within the territorial area of the Wards Committee concerned who have special knowledge or experience in municipal administration;
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(1) In every Corporation, seats shall be reserved for the Scheduled Castes, the Scheduled Tribes 37 [and the backward classes] and the number of seats so reserved shall, as nearly as may be, bear the same proportion to the total number of seats to be filled by direct election in the Corporation, as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area 38 [or 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 Corporation in such order as may be prescribed by rules :
39 [Provided that the reservation for the backward classes shall not exceed twenty-seven per cent of the total number of seats in a Corporation :
Provided further that if the figures of population of the backward class
(1) A Corporation, unless sooner dissolved under Section 538, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute a Corporation shall be completed -
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of its dissolution under Section 538 :
Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary top hold any election for constituting the Corporation for such period.
(3) A Corporation constituted upon its dissolution before the expiration of its duration sh
(1) 48 [Where any area has been specified to be a larger urban area under clause (2) of Article 243-Q of the Constitution] and the State Government is of opinion that until the due constitution for such area under 49 [the Constitution], it is expedient so to do, then the State Government may, notwithstanding anything contained in this Act or any other law for the time being in force, by order direct that -
(a) [the Municipal Council]50 or any other local authority constituted for exercising jurisdiction in such area shall, with effect from such date as may be specified in the said order, hereinafter in this section referred to as 'specified date', stand dissolved or, as the case may be, cease to exercise jurisdiction in such area;
(b) all powers, functions and duties of the Corporation, its Mayor, ? [Deputy Mayor], [Wards Committee]51,
As soon as may be after the election of the Corporators, 53[* * *] and the Mayor of a Corporation for any City has been completed, the State Government shall notify by publication in the Official Gazette that the Corporation for that City has been duly constituted.
Mayor and ?[Deputy Mayor
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53 Omitted by U.P. Act 12 of 1977.
54 10. Deputy Mayor. - [* * *]
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54 Section 10 omitted by U.P. Act 49 of 2007, S.10.
(1) No person shall be qualified for election as Mayor -
(a) if he is an elector in the City;
(b) if he is not attained the age of 30 years;
(c) if he is disqualified under sub-section (1) of Section 25 for election as a Corporator 55 [* * *]; or
(d) if he was defeated at the poll at an election to any seat of 56 [* * *] Corporator unless at least six months have elapsed since the date of declaration of the result of that election.
(2) [* * *] 57
(3) 58 [* * *]
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55 Omitted by U.P. Act 12 of 1977.
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(1) The Mayor shall be elected on the basis of adult suffrage by electors in the City.
(2) An outgoing Mayor shall except as provided in Section 16, be eligible for re-election.
(3) The provisions of this Act and the rules framed thereunder in relation to elections (including disputes relating to elections and electoral offences) of a Corporator shall, mutatis mutandis, apply in relation to the election of the Mayor.
(4) If in a general election, a person is elected both as a Mayor and as a Corporator or being a Corporator is elected Mayor, in any bye-election, he shall cease to be a Corporator from the date of his election as Mayor.]
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59 Ins. by U.P. Act 12 of 1
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60 The words "Nagar Pramukh and the" omitted by U.P. Act 12 of 1994, S.16 (w.e.f. 30-5-1994).
61 Section 12 omitted by U.P. Act 49 of 2007, S.12.
For the purpose of [the election of]62 ?[Deputy Mayor] the election of the Corporators shall, notwithstanding any seat remaining unfilled, be deemed to be completed if at least four-fifth of the total number of Corproators fixed under Section 6 have been elected.
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62 Sub. by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).
?The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S.8.
If a casual vacancy occurs in the office of Mayor or ?[Deputy Mayor] owing to death or resignation or any other cause a Mayor or ?[Deputy Mayor], as the case may be, shall be elected as soon as may be thereafter in the manner provided 63 [in Section 11-A or Section 12, as the case may be] :
Provided that where the remainder of the term is two months or less the vacancy shall remain unfilled unless the Mahapalika resolves otherwise.
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? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S.8.
63 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).
When the office of the Mayor is vacant or he is unable to perform his functions owing to absence, illness or any other cause, the State Government may, by order make such arrangement as he thinks fit, for exercising the powers, performing the functions and discharging the duties of the Mayor, till the Mayor resumes his duties.]
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64 Ins. by U.P. Act 49 of 2007, S.13.
65[(1) Except as otherwise provided in this Act,
(a) the term of office of a Mayor shall be co-terminus with the term of the Corporation;
(b) 66[* * *]
(2) The term of office of a Mayor or a ?[Deputy Mayor] elected to fill a casual vacancy shall be the remainder of the term of office of his predecessor.
(3) A mayor or a ?[Deputy Mayor] shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor assumes office as Mayor or ?[Deputy Mayor] as the case may be.
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65 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).
66 Omitted by U.P.
(1) A motion expressing non-confidence in the [* * *]69 Mayor shall be made only in accordance with the procedure laid down in this section.
70[(2) No notice of a motion of non-confidence under this section shall be received within two years of the assumption of office by the Mayor.]
(3) Written notice of intention to make a motion of non-confidence in the [* * *]71 Mayor signed by such number of members of the Mahapalika as constitute not less than [one-half]72 of the total number of members of the Corporation, together with a copy of the motion which it is proposed to make, shall be delivered by any two of the members signing the notice to the Commission of the Division in which the City is situate.
(4) The Commissioner of the Division shall then convene a meeting for the consideration of
[(1) A Mayor shall be ex-officio member of the Corporation.]
(2) A Mayor shall have only a casting vote in the event of equality of votes when presiding at meetings of the Corporation or any committee thereof and not vote as a member.
"Ex-officio member" - Meaning by reason of office, The Mayor need not necessarily be a member of Corporation. If he is not already a member of the Mahapalika he will be treated as an ex-officio member of the Corporation.
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94 Subs. by U.P. Act 26 of 1995, S. 8 (w.e.f. 30-5-1994).
95[The Mayor and the ?[Deputy Mayor] may be given such allowances or facilities as the Corporation may, with the previous approval of the State Government, fix;]
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95 Subs by U.P. Act 21 of 1964.
? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S.8.
(1) A Mayor wishing to resign his office may do so by writing under his hand addressed to the State Government and it shall take effect from the date of the information to the Municipal Commissioner that it has been accepted by the State Government.
(2) A ?[Deputy Mayor] may at any time resign his office by writing under his hand addressed to the Mayor and it shall take effect as soon as it is received by the Mayor.
Resignation need not be accepted. - It is not necessary that the resignation of the ?[Deputy Mayor] be accepted by the Mayor. It shall take effect as soon as it is received by the Mayor.
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? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S.8.
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1 Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.
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2 Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.
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3 Ss. 21, 21 and 22 omitted by U.P. Act 12 of 1977.
The provisions of Sections 24, 25, 26, 28, 29, 30-A, 81, 82, 83, 85, 87, 538, 565, 570 and 572 as they apply to Corporators shall, mutatis mutandis, apply to Nam Nirdishta Sadasyas.]
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4 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).
A person shall not be qualified for being chosen as, and for being a Corporator unless he -
(a) is an elector in the City;
(b) has attained the age of twenty-one years; and
(c) belongs in respect of a seat reserved for the Scheduled Castes, the Scheduled Tribes, backward classes or women, to such category, as the case may be.]
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5 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-5-1994).
(1) A person shall notwithstanding that he is otherwise qualified, be disqualified for being chosen as and for being, 7[* * *] a Corporator, if he -
8[(a) whether before or after the commencement of this Act has been convicted by a court in India of any offence and sentenced to imprisonment for not less than two years, unless a period of five years, or such less period as the State Government may allow in any particular case, has elapsed since his release];
(b) is a undischarged insolvent;
(c) holds any place of profit in the gift or disposal of the Mahapalika;
9[(d) is in the service of a State Government or the Central Government or any local authority or any undertaking or body owned or controlled by the State Government or the Central Governm
Section 25 of the Uttar Pradesh Municipal Corporation Act, 1959, delineates the disqualifications for a person to be elected or to continue as a Corporator in a municipal corporation. It aims to uphold the integrity and proper functioning of municipal governance by setting criteria that disqualify certain individuals from holding office.
Section 25 specifies various grounds on which a person can be disqualified from being elected as or continuing as a Corporator. These include criminal convictions, employment or professional engagements conflicting with municipal duties, and other conduct deemed incompatible with the responsibilities of a Corporator. The section has been amended multiple times, notably by the Uttar Pradesh Municipal Corporation (Amendment) Act, 1998.
The section applies to all individuals aspiring to be elected or already serving as Corporators within municipal corporations governed by the Act. It ensures that disqualified persons do not hold office, thereby maintaining the integrity of municipal governance.
While Section 25 primarily deals with disqualifications, violations or breaches (such as holding incompatible employment or engaging in prohibited conduct) can lead to disqualification proceedings. The Act prescribes removal or disqualification from office, but specific penalties like fines or imprisonment are generally addressed under other sections or related laws.
Note: The analysis is based on the provided sources, which include references to amendments, judicial interpretations, and statutory provisions related to Section 25 of the Uttar Pradesh Municipal Corporation Act, 1959.
Notwithstanding anything to the contrary, contained in any other provision of this Act,
(a) A person shall be disqualified for being elected at, and for being -a Mayor, ?[Deputy Mayor] or Corporator, if he is a Member of Parliament or of the State Legislature;
(b) if a person after his election as Mayor, ?[Deputy Mayor] or Corporator 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 or his nomination, cease and within a period of fourteen days from such notification intimate by notice in writing signed by him and delivered to any person authorised by the Government in this behalf, submit his option, in which office he wishes to serve and any choice so intimated shall be conclusive,
(1) The term of a Corporator 26[* * *] other than Corporator 27[* * *] chosen to fill a casual vacancy shall be co-terminus with the term of the Corporation.
(2) The term of a Corporator 28[* * *] chosen to fill a casual vacancy shall be the remainder of his predecessor's term.
NOTES
Whether subject to Section 25(1). -This section lays down a general principle that the term of a Corporator shall be co-terminus with the term of the Mahapalika and the term of Corporator chosen to fill a casual vacancy shall be the remainder of his predecessor's term. But it appears that the provisions of this section are subject to sub-section (7) of Section 25 which lays down that any person who. after being elected as Corporator, incurs any of the disqualifications mentioned in Section 25, shall not remain a
(1) The Corporators shall be elected on the basis of adult suffrage in accordance with the provisions of this Act and the rules framed thereunder.
(2) An outgoing Corporator shall be eligible for re-election.
Where before the expiration of the term of office of a Corporator his seat becomes vacant owing to death or resignation or any other cause a Corporator shall be elected as soon as may be after the occurrence of the vacancy in the same manner as far as may be, but subject to any other provisions of the Act in that behalf, as is provided for the election of Corporators at a general election by and under this Act:
Provided that where the term of an outgoing Corporator would in the ordinary course expire within four months of the occurrence of the vacancy, the vacancy shall be left unfilled unless the Corporation resolves otherwise.
A Corporator may at any time resign his office by writing under his hand addressed to the Mayor and his resignation shall take effect upon the receipt of the same by the Mayor.
NOTES
1. Receipt of resignation letter : Importance.- In this section as well the words used are "upon the receipt of the same" which means that acceptance is not necessary to constitute "resignation" in the eyes of this Act.
2. Delivery of resignation letter.- Section 33(1)(b) of the Delhi Municipal Corporation Act, 1966 reads: "If a councillor or an alderman resigns his seat by writing in his hand addressed to the Mayor and delivered to the Commissioner his seat shall thereupon become vacant." A councillor placed his resignation letter before the Deputy Commissioner, who had been asked by the Commissioner to presid
(1) If any person has been elected a Corporator from more than one ward, he shall within three days of the date of the last of such election intimate the Municipal Commissioner the ward for which he chooses to serve.
(2) In default of such intimation, the Municipal Commissioner shall determine by lot and notify the ward for which such person shall serve.
(3) The said person shall be deemed to have been elected only for the ward so chosen or notified and the vacancy or vacancies arising in the representation of the other ward or wards shall be filled by fresh election as if they were casual vacancies.
The Corporators 30[* * *] may be paid such conveyance allowance, or be given such facilities in lieu of conveyance allowance, for attendance at meetings of the Corporation and its committees as may be provided by rules.]
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29 Ins. by U.P. Act 21 of 1964.
30 Omitted by U.P. Act 12 of 1977.
(1) For the purpose of the election of Corporators 31[each municipal area] shall be divided into 32[territorial constituencies to be known as] wards in the manner provided in Section 32 and there shall be a separate electoral roll for each ward.
33[(2) Each ward shall be represented by one Corporator in the Corporation.]
(3) [* * *]34
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31 Subs. for "every city" by U.P. Sact 26 of 1995, S.10 (w.e.f. 28-12-1994).
32 Ins. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
33 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
34 Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
35[(1) The State Government shall by order
(a) divide a 36[municipal area] into wards in such manner that the population in each ward shall, so far as practicable, be the same throughout the municipal area;
(b) determine the number of wards into which a 36[municipal area] shall be divided;
(c) determine the extent of each ward;
(d) determine the number of seats to be reserved for the Scheduled Castes, the Scheduled Tribes, the backward classes or the women.]
(2) The draft of the Order under sub-section (1) shall be published in the Official Gazette for objections for a period of not less than 37[seven] days.
(3) The State Government shall consider any obje
(1) The State Government may, by a subsequent Order, alter or amend any final Order under sub-section (3) of Section 32.
38[(1-A) For the alteration or amendment of any order under sub-section (1) the provisions of sub-sections (2) and (3) of Section 32 shall mutatis mutandis apply.]
(2) Upon alteration or amendment of any final Order under this section the State Government shall apportion the existing Corporators to the altered or amended wards so as to provide so far as is reasonably practicable for their continuing to represent as large a number as possible of their former constituents.
(3) An existing Corporator shall hold his office in the ward to which he is assigned for the same period that he would have held it had the wards remained unaltered and unamended.
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39 Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
There shall be an electoral roll for each ward which shall be prepared in accordance with the provisions of this Act, under the superintendence, direction and control of the State Election Commission.]
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40 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
Subject to the provisions of Sections 37 and 38; 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 war
42[(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 so disqualified after registration shall forthwith be struck off the electoral roll of the ward in which it is included:
Provided that the name of any person struck off the electoral roll of a ward by reason of disqualification under sub-section (1) shall forthwith be reinstated in that roll if such disqualificati
(1) No person shall be entitled to be registered in the electoral roll for more than one ward in the same City.
(2) No person shall be entitled to be registered in the electoral roll for any ward more than once.
43[(3) 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 other City, or to any 44[smaller urban area, transitional areas, cantonment or Gram Panchayat] unless he shows that his name has been struck off from such electoral roll]
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43 Ins. by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).
44 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
(1) Subject to the superintendence, direction and control of the State Election Commission the electoral roll for each ward shall be prepared and published in the manner prescribed by rules by an Electoral Registration Officer under the supervision of the Chief Election Officer (Urban Local Bodies).
(2) The Chief Election Officer (Urban Local Bodies) and the Electoral Registration Officer, referred to in sub-section (1), shall be such officers of the State Government as the State Election Commission may, in consultation with the State Government, designate or nominate in this behalf.
(3) Upon the publication of the electoral roll it shall, subject to any alteration, addition or correction made in accordance with this Act or the rules made thereunder, be the electoral roll for the ward prepared in accordance with this Act.
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The State Election Commission may, if it thinks it necessary so to do, for the purposes of general or bye-election, direct a revision of the electoral roll for all or any of the wards in such manner as it may think fit:
Provided that subject to other provisions 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 revision so directed].
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46 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
47[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 provisions 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) correction of electoral rolls in case of large omissions of names therefrom in respect of any area;
(e) the i
(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 any election in any ward if he is subject to any of the disqualifications referred to in Section 37.
(3) No person shall vote at a general election in more than one ward of a Corporation 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) N
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49 Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
At every election in a ward where a poll is taken votes shall be given by secret ballot and no vote shall be received by proxy.
51[(1)] The superintendence, direction and control of the conduct of elections of the Mayor, ? [Deputy Mayor] and Corporators of the Corporation shall be vested in the State Election Commission.]
52[(2) Subject to sub-section (1) the Chief Election Officer (Urban Local Bodies), referred to in sub-section (2) of Section 39, shall supervise the conduct of the elections of the Mayor, ?[Deputy Mayor] and Corporators of the Corporation.]
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50 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
51 Section 45 renumbered as sub-section (1) by U.P. Act 26 of 1995, S.15 (w.e.f. 30-05-1994).
52 Ins. by U.P. Act 26 of 1995, S.15 (w.e.f. 30-05-1994
In so far as provision with respect to any matter is not made by this Act, [the State Election Commission]53 may, by order, provide for matters concerning conduct of elections to the offices of Mayor and ?[Deputy Mayor] and to the seats of 54[* * *] Corporators, that is to say
(a) [* * *]55
(b) the appointment, powers and duties of Nirvachan Adhikaris (Returning Officers), Sahayak Nirvachan Adhikaris (Assistant Returning Officers), Nirvachan Adhyakshas (Presiding Officers) and Matdan Adhikaris (Polling Officers) and clerks;
(c) appointment of dates for nomination, scrutiny, withdrawal and polling;
(d) the manner of presentation and the requirements for valid nomination, scrutiny of nominations and withdrawal of candidatures;
(1) If at any election of Corporators, 64[* * *] any seat remains unfilled, a fresh election shall be held to fill the vacancy.
(2) For the purposes of conduct of election and ascertainment of the term of a Corporator 65[* * *] an election under sub-section (1) shall be deemed to be an election to fill a casual vacancy.
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64 Omitted by U.P. Act 12 of 1977.
65 Omitted by U.P. Act 12 of 1977.
66[(1) The provisions of Sections 125, 126, 127, 127A, 128, 129, 130, 131, 132, 134, 134-A, 135 67[135-A] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951 shall have effect as if -
(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 the 68[Chief Election Officer (Urban Local Bodies)] had been substituted;
(c) in Sections 134 and 136 for the words "by or under this Act" the words "by or under the Uttar Pradesh 69[Municipal Corporation Act], 1959" had been substituted.]
No civil court shall have jurisdiction
(a) to entertain or adjudicate upon the question whether any person is or is not entitled to be registered in an electoral roll for a ward; or
75[(b) to question the legality of any action taken by or under the authority of the State Election Commission in respect of preparation and publication of electoral roll; or]
(c) to question the legality of any action taken or of any decision given by the Nirvachan Adhikari (Returning Officer) or by any other person appointed under this Act in connection with an election.]
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74 Subs. by U.P. Act 35 of 1978 (w.e.f. 12-10-1978).
75 Subs. by U.P. Act
(1) A general election shall be held for the purpose of constituting or reconstituting a Corporation.
(2) For the said purpose, the State Government shall, by notification published in the Official Gazette on such date as may be recommended by the State Election Commission, call upon all wards in the city to elect Corporators and the Mayor in accordance with the provisions of this Act and of the rules and orders made thereunder.
77[(2-A) The State Government shall, in consultation with the State Election Commission, by notification published in the Office Gazette, appoint date or dates for election of the ?[Deputy Mayor] under Section 12 and call upon the Corporators to elect the ?[Deputy Mayor] in accordance with the provisions of this Act.]
(3) If a casual vacancy occurs in the office of
(1) The Executive Committee shall consist of
(a) the 78[Mayor] who shall be ex officio Chairman of the Executive Committee; and
(b) twelve persons to be elected by the Corporation out of Corporators 79[* * *].
(2) The Executive Committee shall at its first meeting and, as often thereafter as may be necessary on account of a vacancy in the office of Vice-Chairman, elect one of its members to be its Vice-Chairman.
(3) A Vice-Chairman shall cease to hold office as soon as he ceases to be a member of the Executive Committee.
(4) The persons referred to in clause (b) of sub-section (1) shall be elected by the Corporation at its first meeting after general elections.
The election of members of the Executive Committee and of the Vice-Chairman thereof shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
53. Resignation of members of Executive Committee. -A member of the Executive Committee wishing to resign his office may do so in writing under his hand addressed to the Mayor and it shall take effect from the moment of its receipt by the Mayor.
(1) The Development Committee shall consist of -
(a) the ?[Deputy Mayor] who shall be its ex officio Chairman;
(b) ten persons to be elected by the Corporation out of Corporators 80[* * *]; and
(c) two persons to be co-opted by the members referred to in clauses (a) and
(b) from among persons who in the opinion of the said members have experience of municipal administration of matters pertaining to development, improvement or planning.
(2) The Development Committee shall at its first meeting and so often thereafter as may be necessary on account of a vacancy in the office of Vice-Chairman elect one of its elected members to be its Vice-Chairman.
(3) A Vice
The election of members of the Development Committee and its Vice-Chairman shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot.
A member of the Development Committee wishing to resign his office may forward a written resignation signed by him to the Mayor and his resignation shall take effect upon the receipt of such writing by the Mayor.
(1) A Committee constituted under clause (e) of Section 5 shall consist of as many members not exceeding twelve as the Corporation may determine.
(2) Subject to the directions, if any, of the State Government in this behalf, the members of a Committee referred to in sub-section (1) shall elect from among themselves a Chairman and a Vice-Chairman and shall fill any casual vacancy in the office of Chairman or Vice-Chairman by fresh election.
(3) The provisions relating to the term and manner of election of members of Executive Committee shall, as far as may be, apply to a Committee constituted under clause (e) of Section 5.
(1) There shall be constituted in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole.
(2) The Metropolitan Planning Committee, referred to in sub-section (1), shall consist of a Chairperson who shall be chosen in such manner as may be prescribed by rules and such number of members not less than twenty-one and not more than thirty, as the State Government may, by order, specify.
(3) Out of the total number of members specified under sub-section (2) -
(a) two-thirds of the members shall be elected by, and from amongst, the elected members of the municipalities and chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio between the population of the municipalities and of the Panchayats in
For every Municipal Corporation, the State Government shall appoint a Municipal Commissioner and one or more Additional Municipal Commissioner as it may consider necessary:
Provided that no person not already in the service of 83[the State Government may be appointed as Municipal Commissioner] unless his appointment has been approved by the State Public Service Commission:]
84[Provided further that no person may be appointed as Additional Municipal Commissioner unless he is a Deputy Municipal Commissioner of the Corporation in the seniormost scale.]
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82 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
83 Subs. for "the Government may be appointed as such" by U.P. Act 26
(1) The Municipal Commissioner 86[and the Additional Municipal Commissioner] shall receive from the Corporation Fund such monthly salary and allowances, as the State Government may from time to time determine.
(2) The other terms of employment including leave, pension, contribution to Provident Fund, shall be such as the State Government may prescribe.
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85 Ins. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
86 Ins. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
No election under this Act shall be called in question except as provided by or under this Act.
(1) The election of a person as 88[Mayor or ?[Deputy Mayor]] may be questioned by any unsuccessful candidate or by any person whose nomination paper was rejected or by any member of the Corporation by presenting a petition to the District Judge exercising jurisdiction in the City on anyone or more of the grounds mentioned in Section 71.
(2) The petition shall be presented within seven days of the declaration of the result of election.
______________________________________
87 Subs. by U.P. Act 17 of 1982 (w.e.f. 04-01-1982).
? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S. 8.
88 Subs. by U.P. Act 17 of 1982 (w.e.f. 04-01-1982).
90[(1) The election of any person as Corporator may be questioned by any unsuccessful candidate at the election or by any person whose nomination paper was rejected at the election, or by any elector of the ward concerned.]
(2) The petition may be presented on anyone or more of the grounds mentioned in Section 71.
(3) The election of any person as 91[* * *] Corporator shall not be questioned on the ground that the name of any person qualified to vote, has been omitted from, or the name of any person not qualified to vote, has been inserted in the electoral roll or rolls.
92[(4) The petition shall be presented to the District Judge exercising jurisdiction in the City within 30 days of the declaration of result of the election.]
NOTES
&n
(1) An election petition shall specify the ground or grounds on which the election of respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies, and shall set forth full particulars of any corrupt practice which the petitioner alleges, including as full a statement as possible as to the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice.
(2) The petition and if there is any schedule or annexure to the petition, such schedule or annexure also, shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.
(3) A petitioner shall join as respondent to his petition
(a) where the
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
(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 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 as aforesaid shall not be entitled to give such evidence unless he has, within 21 days of the service upon him of notice of the election petition in case the election questioned is as 94[* * *] Corporator and three days in all other cases given a notice to the District Judge trying the election petition of his intention to do so and has also given the security, if any, prescribed under Section 79.
(2) Every notice refer
If an election petition has not been presented within the time allowed by this Act or it does not comply with any provisions made under Section 79 relating to deposit of security or the necessary court-fee payable thereon is not furnished within the time allowed therefor it shall forthwith be rejected by the District Judge.
(1) An election petition not rejected under Section 66 shall be heard by the District Judge.
(2) The District Judge hearing the petition shall follow such procedure as may be prescribed by rules under Section 79.
(1) On the application of any party to an election petition 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) Where any election petition has been transferred or re-transferred under subsection (1), the District Judge who thereafter tries such petition may, subject to any direction in the order of transfer to the contrary, proceed from the point at which it was transferred or re-transferred:
Provided that he may, if he thinks fi
If the petition has not otherwise been dismissed in the course of hearing, the District Judge shall at the conclusion of the trial of an election petition make an order -
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
At the time of making an order under Section 69 the District Judge shall also make an order -
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording -
(i) a finding whether any corrupt practice has or has not been proved to have been committed by, or with the consent of, any candidate or his agent at the election, and the nature of that corrupt practice; and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid:
Provided that no perso
If the District Judge is of opinion -
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act; or
(b) that any corrupt practice specified in Section 78 has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the District Judge is of opinion-
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained a majority of the valid votes;
(c) the District Judge shall after declaring the election of the returned candidate to be void declare the petitioner or such other candidate, as the case may be, to have been duly elected,
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of these candidates to be declared elected, then -
(a) any decision made by the Nirvachan Adhikari (Returning Officer) under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision, the District Judge shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
(1) An appeal shall lie from every order made by the District Judge under Section 69 or Section 70 to the High Court within thirty days from the date of the order:
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
(2) Every person who prefers an appeal under sub-section (1) shall enclose with the memorandum of appeal a Government Treasury receipt showing that a deposit of five hundred rupees has been made by him either in a Government Treasury or in the State Bank of India in favour of the High Court as security costs of the appeal.
(3) The High Court shall, subject to the provisions of this Act, have the same powers, jurisdiction
The Uttar Pradesh Municipal Corporation Act, 1959, governs the administration, functioning, and legal framework of municipal corporations in the state of Uttar Pradesh. Section 74 of this Act specifically deals with the appeal mechanism against orders passed by the District Judge under Sections 69 or 70 of the Act. This provision establishes a hierarchical judicial review process, ensuring that decisions made by lower judicial authorities can be challenged before a higher forum, thereby upholding principles of natural justice and appellate review.
Section 74 of the Uttar Pradesh Municipal Corporation Act, 1959 provides that:
"An appeal shall lie from every order made by the District Judge under Section 69 or Section 70 to the High Court within thirty days from the date of the order."
[Source: Section 74 in Uttar Pradesh Municipal Corporation Act, 1959 - ""]
[Source: Section 75 in Uttar Pradesh Municipal Corporation Act, 1959 - ""]
Section 74 itself is an appellate provision and does not prescribe any punishment. However, the Act contains separate penal provisions for various offences under the Act, such as:
[Source: Section 464A, Section 465 - ""]
Appellate Jurisdiction - Section 74 confers a statutory right of appeal to the High Court against orders of the District Judge, which is consistent with the principle that judicial orders should be subject to higher judicial scrutiny. -
Time Limitation - The 30-day limitation period from the date of the order is a restrictive provision, requiring aggrieved parties to act promptly to challenge District Judge's orders. -
Limited Scope - The appeal under Section 74 is restricted only to orders passed under Sections 69 or 70 of the Act, meaning not all District Judge orders under the Act are appealable under this provision. -
Finality of Decision - Section 75 complements Section 74 by providing that the High Court's decision on appeal under Section 74 is final and conclusive, ensuring legal certainty. - [Section 75 - ""]
No Pre-deposit Requirement - Unlike certain other municipal/tax statutes where pre-deposit of tax is mandatory before appeal [see Mysore Village Panchayats and Local Boards Act, Section 74], the U.P. Municipal Corporation Act does not impose such a condition under Section 74. - ["MASTIGOWDA VS DIVISIONAL COMMISSIONER - 1973 0 Supreme(Kar) 283"]
Procedural Nature - Section 74 is a procedural provision that creates the mechanism for judicial review, rather than creating substantive rights or obligations. -
Hierarchical Consistency - The provision establishes a clear hierarchy: original jurisdiction vests with the District Judge, appellate jurisdiction with the High Court, which is consistent with general civil appellate structure. -
Interpretation of 'Immediate Superior' - In analogous contexts under other statutes, courts have interpreted the appellate authority as the 'immediate superior' officer, suggesting that the High Court is the appropriate appellate forum for District Judge's orders. - ["GEETHA VS G. THIMMAIAH - 1994 0 Supreme(Kar) 226"]
Mandatory Compliance - The language "an appeal shall lie" indicates that the right of appeal is not discretionary but is a statutory right available to aggrieved parties. -
No Retrospective Effect - Following principles from other statutes, delegated authorities cannot make rules with retrospective effect unless expressly empowered; Section 74 does not confer such retrospective rule-making power. - ["Tata Engineering and Locomotive Co. Ltd. . VS State of Maharashtra and another - 1994 0 Supreme(Bom) 268"]
Void Agreements - An agreement that violates statutory provisions is void ab initio; similarly, any action under the Act that contravenes its provisions cannot be validated through agreements. - ["GURUBAX SINGH GOROWARA VS SMT. BEGUM RAFIYA KHURSHID - 1978 0 Supreme(MP) 156"]
Burden of Proof - Where a statutory right of appeal is provided, the burden of establishing grounds for appeal rests on the appellant, as the District Judge's order carries a presumption of correctness. - ["UNION OF INDIA VS ALLAUDDIN AULIA SAHIB, BIDI MANUFACTURERS, BURHANPUR - Madhya Pradesh (1962)"]
No Automatic Stay - Filing an appeal under Section 74 does not automatically stay the operation of the District Judge's order unless the High Court specifically grants a stay. - ["MASTIGOWDA VS DIVISIONAL COMMISSIONER - 1973 0 Supreme(Kar) 283"]
Legislative Intent - The provision reflects the legislature's intent to provide a mechanism for higher judicial scrutiny while ensuring finality through Section 75. -
Constitutional Validity - Section 74 aligns with Article 227 of the Constitution, which grants High Courts supervisory jurisdiction over subordinate courts and tribunals. -
No Further Appeal - Subject to Section 74, the order of the District Judge under Section 69 or 70 becomes final, limiting further appellate remedies. -
Applicability to Municipal Matters - The section applies specifically to municipal corporation matters, ensuring that disputes arising from District Judge's orders in municipal cases receive timely judicial resolution. -
Strict Construction - Being a statutory right of appeal, Section 74 must be strictly construed, and courts cannot expand its scope to include orders not passed under Sections 69 or 70. - ["UNION OF INDIA VS ALLAUDDIN AULIA SAHIB, BIDI MANUFACTURERS, BURHANPUR - Madhya Pradesh (1962)"]
Interplay with Other Provisions - Section 74 works in conjunction with Sections 69, 70, and 75 of the Act to create a complete appellate framework for municipal disputes. - [Sections 69, 70, 75 - ""]
No Penalty for Frivolous Appeals - Unlike some statutes that impose penalties for frivolous appeals, Section 74 does not contain any provision for penalizing appellants who file baseless appeals. -
The decision of the High Court on appeal under Section 74 and subject only to such decision, the order of the District Judge under Section 69 or Section 70 shall be final and conclusive.
The District Judge shall after pronouncing his orders made under Sections 69 and 70 send a copy thereof to the State Government.
An order of the District Judge under Section 69 or Section 70 shall take effect on the day next following the day on which the same is pronounced.
The following shall be deemed to be corrupt practices for the purposes of this Act:
(1) Bribery, that is to say, any gift, offer or promise by a candidate or his agent or by any other person, of any gratification to any person whosoever, with the object, directly or indirectly of inducing
(a) a person to stand or not to stand as, or to withdraw from being a candidate, or to retire from contest at an election;
(b) an elector to vote or refrain from voting at an election, or as a reward to -
(i) a person for having so stood or not stood, or for having withdrawn his candidature, or for having retired from contest; or
(ii) an elector for having voted or refrained from voting.
The State Government may make rules with respect to the following matters:
(a) appointment and remuneration of staff for District Judges trying election petitions;
(b) abatement and withdrawal of election petitions;
(c) dismissal of election petitions for non-appearance, non-prosecution or non-compliance with orders of court and with the provisions of the Act and orders made thereunder;
(d) procedure at hearing of election petitions;
(e) powers of District Judge trying election petitions;
(f) place of trial;
(g) deposit of security and additional security;
(h) refu
(1) Offences punishable with imprisonment under Section 171-E or Section 171-F of the Indian Penal Code, 1860, and offences punishable under Section 135 or Section 136 of the Representation of the People Act, 1951, as applied to elections under this Act by Section 48 shal1 entail disqualification for membership of a Corporation.
(2) The corrupt practices specified in Section 78 shal1 entail disqualification for membership of a Corporation.
(3) The period of disqualification shal1 be five years commencing in the case of disqualification under sub-section (1) from the date of the conviction for the offence and in the case of disqualification under sub-section (2) from the date on which the finding of the District Judge under section 70 takes effect under Section 77.
If a person sits or votes as a Mayor, ?[Deputy Mayor] or member of a Corporation at a meeting of the Corporation or any Committee thereof before he has complied with the requirements of sub-section (1) of Section 85 or when he knows that he is not qualified or that he is disqualified for being a Mayor, ?[Deputy Mayor), 95[* * *] or Corporator as the case may be, he shall be liable in respect of each day on which he so sits or votes to penalty of fifty rupees to be recovered as a debt due to the State.
____________________________________
? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S. 8.
95 Omitted by U.P. Act 12 of 1977.
If any question arises as to whether a member of a Corporation has become subject to any of the disqualifications mentioned in Section 25 the question shall be referred in the manner prescribed for decision to the State Government and the decision of the State Government shall be final.
(1) The State Government may remove a member of the Corporation or of any Committee thereof on any of the following grounds:
(a) that he has acted as a 96[* * *] Corporator or member of any Committee, as the case may be, by voting or taking part in the discussion of any matter other than a matter referred to in clause (e) of Section 25 in which he has directly or indirectly a personal interest or in which he was professionally interested on behalf of a client, principal or other persons;
(b) that he has become physically or mentally incapacitated for performing his duties as such member;
(c) that he has been guilty of gross misconduct in the discharge of his duty as such member:
Provided that no order of removal shall be made by the State Govern
____________________________
1 Omitted by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
2[(1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected a Corporator 3[* * *] or co-opted as a member of the Development Committee and every person who is elected a Mayor shall before taking his seat make an oath or affirmation in the following form, namely:
Corporator [* * *]
"I, A.B., having been elected ____________Co-opted member of the "Mayor" do swear in the name of God Development Committee of this Corporation _______________that I will solemnly affirm 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 discharge the duty upon which I am about to enter."]
4[(1-A) Within seven days of the constitution under Section 9 or reconst
(1) All expenditure incurred in connection with the preparation and revision of electoral rolls for a City and the conduct of all elections under this Act in respect of that City shall except as otherwise directed by the State Government be charged to and be realizable from the Corporation to the extent and in the manner laid down by the State Government.
(2) The Nirvachan Adhikari (Returning Officer) or any officer charged with the duty of conducting any election may require the Corporation to advance such sum as may be necessary for the conduct of that election and the Corporation shall thereupon make that sum available to the Nirvachan Adhikari (Returning Officer) or other officer concerned.
(1) The State Government may make rules in respect of matters to be prescribed but which are not prescribed in the Act or by order.
(2) Without prejudice to the generality of the foregoing power such rules may provide for
(a) the manner of notification of election of Mayor, ?[Deputy Mayor], 7[* * *] or Corporator, and of a vacancy in the office of Mayor, ?[Deputy Mayor] 8[* * *] or Corporator;
(b) manner of election of members of Executive Committee, Development Committee and committees constituted under clause (e) of Section 5 and of co-option of members of the Development Committee;
(c) manner of election of Vice-Chairman of the Executive Committee and Development Committee and Chairman and Vice-Chairman of Committees constituted under clause
(1) The Corporation shall meet for the transaction of business six times at least in every year and more than two months shall not intervene between its last sitting and the date appointed for the first sitting of the next meeting.
(2) The Mayor and in the absence of the Mayor the ?[Deputy Mayor] may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-sixth of the total number of members of the Corporation call a meeting of the Corporation. The requisition may be delivered to the Mayor or, as the case may be, to the ?[Deputy Mayor] by any member subscribing the same, or sent to him by registered post. 9[The meeting on such requisition shall be convened within fifteen days from the date of delivery or service thereof.]
10[(2-A) Notwithstanding anything contained in sub-section (2), where a meeting
(1) The Executive Committee, [the Development Committee, the Wards Committees]11 and any other Committee constituted under Section 5 shall meet once at least in every month for the transaction of business.
(2) The Chairman or in the absence of the Chairman the Vice-Chairman of any Committee referred to in sub-section (1) may, whenever he thinks fit, and shall, upon a requisition made in writing by not less than one-fourth of the total number of members of the Committee, call a meeting of the Committee.
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11 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
(1) Where any business is required to be transacted by special resolution, the quorum for the transaction of such business shall be at least one-half of members of the Corporation or the Committee as the case may be.
(2) No business shall, except as provided in sub-section (3) be transacted at any meeting of the Corporation, the Executive Committee, [the Development Committee, the Wards Committees]12 or any other Committee constituted under Section 5 unless at least one-fifth of the total number of members thereof be present throughout the meeting.
(3) Where any meeting fails or is unable to continue to transact its business for want of quorum, the Presiding Officer of the meeting shall direct that a meeting be held at such time and place as he thinks fit and thereupon the Municipal Commissioner shall give notice to all members of the
(1) A list of the business to be transacted at every meeting, except an adjourned meeting, shall be sent to the address, given by himself, of each member of the Corporation, the Executive Committee, [the Development Committee, the Wards Committees]13 or other Committee constituted under clause (e) of Section 5, as the case may be, at least ninety-six hours in the case of a meeting of the Corporation and seventy-two hours in the case of a meeting of any such Committee before the time fixed for such meeting and no business, except as provided in sub-section (2), shall be brought or transacted at any meeting other than a business of which notice has been given:
Provided that if the list of business aforesaid is sent by post it shall be sent under a certificate of posting.
(2) Any member of the Corporation or of a Committee referred to in
(1) All matters required to be decided by the Corporation or by any Committee thereof shall, save as otherwise provided in this Act, be determined by a majority of the members present and voting at the meeting.
14[* * *]
(2) The voting at all meetings shall be by show of hands but the bye-laws to be framed by the Corporation may provide that any question or class of questions as may be specified, be decided by secret ballot.
(3) At any meeting, unless a poll be demanded by at least one-fourth of the members present, a declaration by the Presiding Officer at such meeting that the resolution has been carried or lost and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of t
The Presiding Officer of any meeting of the Corporation or of any Committee referred to in Section 89 at which a quorum of the members is present may, with the consent of the majority of the members present, adjourn the meeting from time to time.
(1) The Mayor and in his absence the ?[Deputy Mayor] shall preside at meetings of the Corporation.
(2) In the absence of the Chairman of any Committee the Vice-Chairman thereof shall preside at meetings of the Committee.
(3) The members present at any meeting shall, in the absence of the Mayor and the [Deputy Mayor] in the case of the Corporation and the Chairman or Vice Chairman, in the case of any Committee referred to in Section 89, choose one of their members to preside at the meeting.
(4) Subject to the provisions of Section 17 a person presiding at a meeting of the Corporation or of any Committee may vote on any motion before the Corporation or the Committee, as the case may be, and in the case of equality of votes shall have also a casting vote.
&n
(1) The Corporation may from time to time by special resolution constitute a Special Committee consisting of such members and other persons, if any, as it may think fit, to enquire into and report upon any matter connected with its powers, duties or functions. Every member of a Special Committee shall have the right to speak in and otherwise to take part in the proceedings of the Committee, but no member who is not a" member of the Corporation shall have a right to vote at any meeting of the Committee.
(2) The Corporation may from time to time by resolution appoint a Joint Committee of any two or more of the committees mentioned in Section 5 in respect of matters in which such committees may be jointly interested.
(3) Every Special Committee and Joint Committee shall conform to any instructions that may from time to time be given to it
(1) The Corporation may from time to time and shall, if so required by the State Government, join with a Cantonment authority or any other local authority or with a combination of such authorities -
(a) in appointing a Joint Committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a Chairman of such Committee;
(b) in delegating to any such Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies, and
(c) in framing and modifying bye-laws for regulating the proceedings of any such Committee in respect of the purpose for which the Committee is appointed.
(2) Where the Co
(1) The Executive Committee, [the Development Committee, the Wards Committees]15 or any Committee appointed under clause (e) of Section 5 or a Joint Committee may appoint one or more sub-committees for any purpose with which it is entitled to deal and which, in its opinion, can be more usefully carried out by a sub-committee.
(2) A sub-committee appointed under sub-section (1) shall possess such powers and perform such duties and functions as the Committee appointing it may from time to time delegate or confer.
_________________________________
15 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
A Corporator 16[* * *] may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the Municipal Government of the City.
________________________________
16 Omitted by U.P. Act 12 of 1977.
With the permission of the Mayor the Chairman of any Committee of the Corporation may be present at and address a meeting of any other Committee of the Corporation but he shall not, by virtue of this section, be entitled to vote thereat.
Whenever the office of the Mayor as well as of the ?[Deputy Mayor] is vacant, the Municipal Commissioner shall, subject to any directions which the prescribed Authority may give in this behalf, carry on the routine duties of the Mayor till a Mayor or ?[Deputy Mayor] is elected.
______________________________________________
? The word "Deputy Mayor" omitted by U.P. Act 49 of 2007, S. 8.
(1) The Municipal Commissioner shall have the right of being present at a meeting of the Corporation or of any Committee, sub-committee, Joint Committee or Special Committee constituted under this Act and of taking part in the discussion thereat and with the permission of the Presiding Officer, may at any time make a statement or explanation of facts but shall not be at liberty to vote upon or to make any proposition at such meeting.
(2) The Corporation or any Committee, Special Committee, Joint Committee or sub-committee referred to in sub-section (1) may require any of the officers of the Corporation to attend any of its meetings or meeting at which any matter dealt with by such officer in the course of his duties is being discussed and if any officer is required to attend such meeting, he may be called upon to make a statement or explanation of facts or supply such information i
The meeting of the Corporation, the Executive Committee, [the Development Committee, the Wards Committees]17 and all other Committees and sub-committees shall be held and the business before them conducted and disposed of in the manner prescribed by bye-laws made by the Corporation.
___________________________________
17 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
(1) Subject to and consistent with the provisions of this Act, the Corporation may make bye-laws for regulating the holding of and the conduct of business at its meeting and the meetings of the Executive Committee, [the Development Committee, the Wards Committees]18, Committees constituted under Section 5, Special Committees, Joint Committees and subcommittees.
(2) Without prejudice to the generality of powers conferred under sub-section
(1) the bye-laws may provide for -
(i) the time and place of meetings of the Corporation, Committees and sub committees;
(ii) the manner in which notice of such meetings shall be given;
(iii) the management and adjournment of such meetings, and the regulation of orderl
(1) No act or proceeding of the Corporation or of any Committee or sub-committee appointed under this Act shall be invalid or be questioned on account of any vacancy in its body.
(2) No disqualification of, or defect in, the election or appointment of any person acting as a Corporator 19[* * *] or as Mayor or ?[Deputy Mayor] or Presiding Officer of the Corporation or as Chairman or Vice-Chairman or member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Corporation or of any such Committee or subcommittee as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.
(3) Until the contrary is proved, every meeting of the Corporation or of a Committee or sub-committee in respe
No act done or proceeding taken under this Act shall be called in question in any court on the ground merely of any defect or irregularity in procedure not affecting the substance.
(1) Subject to such conditions as may be prescribed a Corporation may from time to time create one or more of the following posts, as it may consider necessary, in connection with its affairs namely,
(i) Deputy Municipal Commissioner;
(ii) Assistant Municipal Commissioner;
20[(iii) Mukhya Abhiyanta];
(iv) Nagar Swasthya Adhikari;
(v) Mukhya Nagar Lekha Parikshak; and
(vi) other posts of officers, staff and other servants necessary for the efficient discharge of its functions:
Provided that where the State Government orders to the effect that the Corporation do create a post, it shall be obligatory for the Corp
(1) 21[Appointments to the post of Deputy Municipal Commissioner, Assistant Municipal Commissioner, 22[Mukhya Abhiyanta, Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts as the Mayor may specify, shall be made by the Mayor] after consultation with the State Public Service Commission in the manner prescribed and not otherwise]:
Provided that the appointment of Nagar Swasthya Adhikari shall preferably be made out of officers of the Public Health Department of the State Government whom the State Government may be agreeable to send on deputation and in such case consultation with the Public Service Commission shall not be necessary.
(2) 23[Appointments to the posts not included in the posts referred to in subsection (1)] per mensem shall be made after consultation with the State Public Service Commission in the mann
Notwithstanding anything contained in Section 107 officiating and temporary appointments to posts mentioned in sub-sections (1), (2) and (3) of the said section may be made by the appointing authorities specified in those sub-sections without consulting the State Public Service Commission or obtaining the recommendation of the Selection Committee, but no such appointment shall continue beyond the period of one year, nor shall be made where it is expected to last for more than a year, without consulting the State Public Service Commission or otherwise than in accordance with the recommendation of the Selection Committee, as the case may be.
Notwithstanding anything in Sections 107 and 108, -
(a) the appointment of a teacher in any college. affiliated to any University as defined in the Uttar Pradesh State Universities Act, 1973 and maintained by a Municipal Corporation, shall be made in accordance with the provisions of that Act, and
(b) the appointment of a teacher or Head of an institution recognised in accordance with the Intermediate Education Act, 1921, and maintained by the Municipal Corporation shall be made in accordance with the provisions of that Act]
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26 Ins. by U.P. Act 10 of 1978, clause (a) being effective from December 1, 1977 and clause (b) from April 25, 1978.
The emoluments and other conditions of service of officers, staff and other servants of the Corporation shall be such as may be prescribed by the State Government.
27[(1) No officer or servant of the Corporation shall be dismissed or removed or otherwise punished by an authority subordinate to that by which he was appointed:
Provided that in the case of an officer or servant whose appointment is required to be made in consultation with the State Public Service Commission under Section 107, it shall be necessary for the authority concerned to consult the Commission in the manner prescribed, before passing an order for the dismissal, removal or reduction in rank of any such officer or servant.]
(2) Punishment of officers and servants of the Corporation shall be subject to such right of appeal as may be prescribed.
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27 Subs. by U.P. Act 10 of 1978 (w.e.f. 25-04-1978).
Where any authority specified in Section 107 fails within a reasonable time to make appointment to any post specified in Section 106 or created thereunder the State Government may after giving the authority due opportunity and consulting the State Public Service Commission, if necessary, make appointment thereto and such appointment shall then be deemed for all purposes to have been made by the authority concerned.
(1) [The Additional Municipal Commissioner, Deputy Municipal Commissioner]28 and Assistant Municipal Commissioner shall subject to the control of the Municipal Commissioner. exercise such powers and perform such duties of the Municipal Commissioner as the Municipal Commissioner may specify in this behalf.
(2) All acts done and jurisdictions exercised by the Additional Municipal Commissioner or the Deputy Municipal Commissioner or the Assistant Municipal Commissioner in pursuance of the powers delegated to him under sub-section (1) shall, for all purposes, be deemed to have been performed and done by the Municipal Commissioner.
(3) [The Mukhya Abhiyanta]29, the Nagar Sawasthya Adhikari, the Mukhya Nagar Lekha Parikshak and such other officers as may be specified by the State Government shall be called the Heads of the Departments of the
(1) Notwithstanding anything contained in Sections 106 to 110, the State Government may at any time by rules provide for the creation of one or more services of such officers and servants as the State Government may deem fit, common to the Corporations or to the Corporations, [Nagar Panchayat, Municipal Council]32 and Jal Sansthans of the State, and prescribe the method of requirement and conditions of service of persons appointed to any such service.]
33[Explanation.-For the purposes of this sub-section it is clarified that services common to Nagar Panchayats and Municipal Councils or Nagar Panchayats, Municipal Councils, Municipal Corporations and Jal Sansthan in the districts comprised in the Kumaon and Garhwal divisions of the State may be created.]
34[(2) When any such service is created, officers and servants serving on the posts
The following services of the Corporation shall be the essential services, namely:
(a) medical and public health services;
(b) waterworks and mechanical engineering services;
(c) sweepers;
(d) staff of the lighting department;
(e) transport services; and
(f) such other services as may be specified in the rules.
No member of an essential service shall
(a) resign his office or withdraw or absent himself from the duties thereof, except -
(i) after obtaining written permission from the Municipal Commissioner or any officer authorised by him in this behalf; or
(ii) in the event of illness or accident disabling him from the discharge of his duties or for such other reasons as the Municipal Commissioner or other officer authorised by him in this behalf may consider sufficient; or
(iii) after giving three months' notice in writing to the Municipal Commissioner; or
(b) neglect or refuse to perform his duties or willfully perform them in a manner which, in the opinion of the Municipal Commissioner or such other office
(1) If the State Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or to the maintenance of services essential to the life of the community in the City it may, by notification in the official Gazette, declare that an emergency exists in the City and specify the period for which such declaration shall be in operation.
(2) While a declaration of emergency under sub-section (1) is in operation no member of such of the essential services as may be specified in the notification shall, notwithstanding any law or agreement to the contrary for the time being in force
(a) withdraw or absent himself from his duties except in the event of illness or accident disabling him from the discharge of his duties; or
&n
(1) Notwithstanding anything 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 Municipal Commissioner may at any time by general or special order direct any regular, ad hoc or contractual employee of the Municipal Corporation 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 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 with the Corporation shall become void with effect fro
(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing powers such rules may provide for -
(a) the method of recruitment, and qualification of persons to be appointed to the posts created in connection with the affairs of the Corporation;
(b) the designation and grade of posts of officers, staff and other servants created under clause (v) of sub-section (1) of Section 106;
(c) the appointment of persons in temporary or officiating capacity;
(d) the salaries, emoluments and other allowances of persons appointed to the aforesaid posts;
(e) the
It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely, -
(i) erection, where there are no natural boundary marks, of substantial boundary marks of such description and in such a position as shall be approved by the State Government defining the limits or any alteration in the limits of the City;
(ii) the naming or numbering of streets and of public places vesting in the Corporation and the numbering of premises;
(iii) the collection and removal of sewage, offensive matter and rubbish and treatment and disposal thereof including establishing and maintaining farm or factory;
(iv) the watering, scav
The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely:
(i) the organization, maintenance or management of institutions including lunatic asylums, leper homes, orphanages and rescue homes for women, within or without the City for the care of persons who are infirm, sick or incurable; or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;
(ii) the provision of milk to expectant or nursing mothers or infants or schools children;
(iii) swimming pools, public wash houses, bathing places and other institutions designed for the improvement and construction of bathing ghats on river banks;
(iv) dairies or farms withi
(1) The respective functions of the several Corporation authorities shall be such as are specifically prescribed by or under this Act.
(2) In the event of any doubt or dispute arising as to which Corporation authority any particular function belongs, the Municipal Commissioner may, and if the Mayor so requires shall, refer the doubt or dispute to the State Government whose decision shall be final and not open to question in any court of law.
(1) Except as otherwise expressly provided in the Act, the municipal administration of the City shall vest in the Corporation.
51[(1-A) Except as otherwise expressly provided in this Act, every Ward Committee shall be vested, on behalf of the Corporation in relation to the area for which it has been constituted, with such powers and functions as may be prescribed by rules.]
(2) Except as otherwise expressly provided in this Act the Executive Committee shall be vested, for and on behalf of the Corporation, with the superintendence of the municipal administration of the City.
(3) The Development Committee shall perform the functions and have the powers mentioned in Chapter XIV.
(4) The functions and powers of a Committee appointed under clause (e)
The Mukhya Nagar Lekha Parikshak shall -
(a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Corporation Fund as shall be required of him by the Corporation or by the Executive Committee;
(b) prescribe, subject to such directions as the Executive Committee may from time to time give, the duties of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and
(c) subject to the orders of the Executive Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and, subject to the rules dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant au
(1) Subject to the other provisions of this Act and the rules thereunder and subject to such conditions and restrictions as may be specified by the Corporation -
(a) the Corporation may delegate to the Executive Committee or to the Municipal Commissioner any of its functions under this Act other than those specified in Part A of Schedule I;
(b) the Executive Committee may delegate to the Municipal Commissioner any of its functions under this Act other than those specified in Part B of Schedule I;
(c) the Development Committee may delegate to the Municipal Commissioner any of its functions under this Act other than those specified in Part C of Schedule I;
(d) the Municipal Commissioner may delegate to any municipal servants any of its functions ot
(1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force, shall subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may imposed, be exercised, performed or discharged by the Municipal Commissioner.
(2) The Municipal Commissioner may, subject to any rules in that behalf, by order in writing of which a copy shall be placed before the Executive Committee for information empower any Corporation Officer other than the Mukhya Nagar Lekha Parikshak to exercise, perform or discharge any such power, duty or function under the control of the Municipal Commissioner and subject to his revision and to such conditions and limitations, if any, as he may think fit to impose.
The Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and call for a return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee as is empowered by or under this Act to deal, and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.
(1) The Corporation or the Executive Committee may at any time require the Municipal Commissioner -
(a) to produce any record, correspondence, plan or other document Which is in his possession or under his control as Municipal Commissioner or which is recorded on files in his office or in the office of any Corporation officer or servant subordinate to him;
(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal administration of the City;
(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal adm
The exercise by any Corporation authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except where it is expressly provided otherwise by or under this Act, be subject to the conditions that -
(a) such expenditure, so far as it is to be incurred in the financial year in which such power is exercised or duty performed, is provided for under a budget grant, and
(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, the sanction of the Corporation is taken before the liability for such expenditure is incurred.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of foregoing power such rules may provide for-
(a) the manner of approval of the description and position of boundary marks under clause (i) of Section 114;
(b) the manner and the procedure relating to the discharge of duties or fulfillment of obligations referred to in Sections 114 and 115, in cases for which no specific provision has been made in the Act;
(c) the procedure relating to the exercise of powers of superintendence by the Executive Committee of the municipal administration of the City;
(d) the manner in which the Executive powers shall be
(1) The Corporation shall, for the purposes of this Act, have power to acquire, hold and dispose of property or any interest therein whether within or without the limits of the City.
(2) All property and interests in property acquired by the Corporation shall vest in the Corporation for the purposes of this Act and subject to its provisions.
(3) Any immovable property which may be transferred to the Corporation by the Government shall be held by it, subject to such conditions including resumption by the Government on the occurrence of a specified contingency and shall be applied to such purposes as the Government may impose or specify while making the transfer.
(1) As from the appointed day [and subject to any direction of the State Government in this behalf]53
(a) all property, interests in property and assets including cash balances, wherever situate which immediately before such day were vested in any [Municipal Council]54, Improvement Trust or other local authority established for the area included in the City or any part of such area or in any local authority having jurisdiction both within and outside such area shall, 55[* * *] vest in and be held by the Corporation of such City, for the purposes of this Act, and
(b) all rights, liabilities and obligations of the aforesaid [Municipal Council]56, Improvement Trust or other local authority [in relation to the area included in the City]57. whether arising out of any contract or otherwise, existing immediately before such day shall be the ri
(1) All acquisitions of property shall be made by the Municipal Commissioner on behalf of the Corporation.
(2) Wherever it is provided that the Municipal Commissioner may acquire or wherever it is necessary or expedient for any purpose of this Act that the Municipal Commissioner shall acquire any movable or immovable property within or without the City or any interest in such property, the same may be acquired by the Municipal Commissioner, whether by agreement or otherwise:
Provided that -
(a) the Municipal Commissioner shall be bound by any resolution of the Executive Committee fixing terms, rates or maximum prices for a particular case or for any class of cases;
(b) the sanction of the Executive Committee shall be required -
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(l) The Corporation shall, for the purposes of this Act, and subject to the provisions thereof and rules made thereunder, have power to sell, let on hire, lease, exchange, mortgage, grant or otherwise dispose of any property or any interest therein acquired by or vested in the Corporation under this Act:
Provided that no property transferred to the Corporation by the Government shall be sold, let on hire, exchanged or mortgaged or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the State Government.
With respect to the disposal of property belonging to the Corporation the following provisions shall have effect, namely:
(1) Every disposal of property belonging to the Corporation shall be made by the Municipal Commissioner on behalf of the Corporation.
(2) The Municipal Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any movable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with the approval of the State Government, from time to time determine, or grant a lease of any immovable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time:
Pro
The provisions of Chapter VII of the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, shall apply in relation to any premises belonging to or vesting in the Corporation or taken on lease by the Corporation for the purposes of this Act as they apply in relation to 'Board premises' as defined in that Act and the references therein to the Board and matters prescribed under that Act shall respectively be construed as references to the Corporation and matters prescribed under this Act.
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59 Ins. by U.P. Act 30 of 1970 and substituted by U.P. Act 22 of 1972.
(1) Whenever the Municipal Commissioner is unable under Section 127 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the proposes of this Act, the State Government may, in its discretion, upon the application of the Municipal Commissioner, made with the approval of the Executive Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894, or other law which may be applicable to the case.
(2) Whenever an application is made under sub-section (1) for the acquisition of land for the purp
Subject to the provisions of this Act, the Corporation shall have power to enter into contracts which may be necessary or expedient under or for any purposes of this Act.
(1) All contracts referred to in Section 131 including contracts relating to the acquisition and disposal of immovable property or any interest therein made in connection with the affairs of the Corporation under this Act, shall be expressed to be made, for and on behalf of the Corporation, and all such contracts and all assurances of property made in exercise of that power shall be executed, for and on behalf of the Corporation, by the Municipal Commissioner or by such other officer of the Corporation as may be authorized in writing by the Municipal Commissioner either generally or for any particular case or class of cases.
(2) No contract for any purpose, which in accordance with any provisions of this Act or any rules made thereunder the Municipal Commissioner may not carry out without the sanction of one of the other Corporation authorities, shall be made by him unless such sa
(1) Every contract entered into by the Municipal Commissioner on behalf of the Corporation shall be entered into in such manner and form as would bind him if it were made on his own behalf and may in like manner and form be varied or discharged:
Provided that-
(a) the common seal of the Corporation shall be affixed to every contract which, if made between private persons, would require to be under seal, and
(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding two thousand and five hundred rupees shall be in writing, shall be sealed with the seal of the Corporation and shall specify
(i) the work to be done or the materials or goods to be supplied as the case may be;
The Corporation may determine either generally for any class of cases or specially for any particular case whether the Municipal Commissioner shall execute the work by a contract or otherwise.
(1) The Municipal Commissioner may sanction any estimate the amount of which does not exceed 71[two lakh] rupees.
72[* * *]
73[(1-A) The Mayor may sanction any estimate not exceeding four lakh rupees.]
(2) The Executive Committee may sanction any estimate the amount of which does not exceed five lakh rupees.]
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69 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
70 Subs. for "five lakh" by U.P. Act 16 of 2004, S.7 (w.r.e.f. 21-11-2002).
71 Subs. for "one lakh" by U.P. Act 16 of 2004, S.7 (w.r.e.f. 21-11-2002).
72 Proviso omitted
(1) Where a project is framed for the execution of any work or series of works the entire estimated cost of which exceeds [eight lakh rupees]75-
(a) the Municipal Commissioner shall cause a detailed report to be prepared including such estimates and drawings as may be requisite and forward the same to the Executive Committee who shall submit the same before the Corporation with its suggestions, if any;
(b) the Corporation shall consider the report and the suggestions and may reject the project or may approve it either in its entirety or subject to modifications.
(2) (a) Where the Corporation approves the project and the entire estimated cost exceeds 76[sixteen lakh rupees], the report, subject to any modifications as aforesaid, shall be submitted to the State Government.
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Notwithstanding anything contained in this Act, every contract or estimate in respect of an urban development project sponsored by the Government of India or receiving aid from the World Bank or any other foreign organisation, shall be made or sanctioned in accordance with the scheme approved by the State Government:
Provided that the meeting of the Corporation for sanction of funds for such urban development projects shall be convened and decision taken within one month from the date of approval of the project by the State Government:
Provided further that if the meeting of the Corporation is not convened or decision is not taken within the time specified in the first proviso, the Corporation shall be deemed to have sanctioned the fund and if the sanction is refused or is accorded with modification, the matter shall be referred to the
A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenanter notwithstanding that the Corporation is not in possession of, or interested in, any immovable property for the benefit of which the covenant was entered into, in the like manner and to the like extent as if it had been possessed of or interested in such property.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for
(a) the procedure for ascertaining the property and assets to be vested in the Corporation under clause (a) of sub-section (1) of Section 126;
(b) the procedure for ascertaining the rights, liabilities and obligations of the Corporation under clause (b) of sub-section (1) of Section 126;
(c) the procedure in general for the purchase or acquisition of the property, for and on behalf of the Corporation, or sale, lease, hire, exchange, grant or disposal of the property vested in or acquired by the Corporation;
(1) The Finance Commission shall review the financial position of the Corporation and make recommendations to the Governor as to -
(a) the principles which should govern -
(i) the distribution between the State and the Corporation of the new proceeds of the taxes, duties, tolls and fees leviable by the State which may be divided between them and allocation of share or such proceeds to the Corporations;
(ii) the determination of the taxes, duties, tolls and fees which may be assigned to or appropriated by the Corporation;
(iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State;
(b) the measures needed to improve the financial position of the Corporation;
(1) There shall be established a Fund for each Corporation, hereinafter called the Corporation Fund, and, subject to the provisions of this Act and the rules made thereunder, there shall be placed at the credit thereof all moneys received by or on behalf of the Corporation under this Act or any other law, or contract, including -
(a) the proceeds of the property of the Corporation;
(b) the rents of the property of the Corporation;
(c) the proceeds of all taxes or fees and fines (other than fines imposed by a court), levied by or under this Act;
(d) all money received by way of compensation or for compounding offences under the provisions of this Act;
(e) all interest and profits arising from any inves
83[The moneys credited to the Corporation Fund from time to time shall, in the first place, be applied for payment of salaries and allowances of Safai Mazdoors and then in the following order of preference]:
Firstly, in making due provision for the repayment of all loans payable by the Corporation under the provisions of Chapter VIII;
Secondly, in discharge of all liabilities imposed on the Corporation by clause (b) of sub-section (1) of Section 126;
Thirdly, in payment of all sums, charges and costs necessary for the purposes specified in Sections 114 and 115, and for otherwise carrying this Act into effect, or of which the payment shall be duly sanctioned under any of the provisions of this Act inclusive of -
(a) the cost of auditing the Corpor
No expenditure from the Corporation fund shall be incurred without the prior sanction in writing of the Director for the purpose of defraying the costs of any proceedings instituted or commenced in any court of law by or on behalf of any Municipal Corporation or the Mayor or any authority thereof in respect of any order made or purporting to have been made by the State Government under Section 83, Section 84, Section 534, Section 535, [Section 537, or Section 538]87.]
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86 Ins. by U.P. Act 41 of 1976 (w.e.f. 15-09-1976).
87 Subs. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994).
(1) On the written requisition of the State Government or the Prescribed Authority the Municipal Commissioner may at any time undertake the execution of any work certified by the State Government or such authority as the case may be, to be urgently required for a work of public utility and for this purpose may make payments from the Corporation Fund so far as the same can be made without unduly interfering with the regular working of the municipal administration.
(2) On receipt pf requisition under sub-section (1) the Municipal Commissioner shall forthwith forward a copy thereof to the Corporation together with a report of the action taken by him thereon for its information.
(3) The cost of all work executed under sub-section (1) and of the establishment engaged in executing the same shall be paid by the State Government and credited to
(1) The account of the receipt and expenditure of the Corporation shall be maintained in such manner as may be prescribed.
(2) The Mukhya Nagar Lekha Parikshak shall conduct a monthly examination and audit of the Corporation accounts and shall within a month report thereon to the Executive Committee who shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by not less than two members of that Committee and by the Mukhya Nagar Lekha Parikshak.
(3) The Executive Committee may also from time to time and for such period as they think fit conduct independently an examination and audit of the Corporation accounts.
The State Government may at any time direct special examination and audit of Corporation accounts for such period as they think fit by auditors appointed by the State Government in that behalf and a report of such examination and audit shall be submitted by the said auditors to the State Government.
(1) For the purposes of examination and audit of accounts under Section 142 or 143 the Mukhya Nagar Lekha Parikshak and the auditors appointed under Section 143 shall have access to all the Corporation accounts and to all records and correspondence relating thereto and the Municipal Commissioner shall forthwith furnish to the said auditors or to the Executive Committee any explanation concerning receipts and disposal which they may call for.
(2) All charges, fee and expenses necessary for the examination and audit of accounts under these sections shall be paid by the Corporation.
(1) The Municipal Commissioner shall, as soon as may be after the first day of April in each year, have prepared a detailed report of the Corporation' administration of the City, during the previous official year, together with a statement showing the accounts of the receipts and disbursement credited and debited to the. Corporation Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Executive Committee.
(2) The report shall be in such form and shall contain such information as the Executive Committee may from time to time direct.
(3) The Executive Committee shall then examine the report and the statement, and a copy of the said statement together with a copy of the Committee's review shall be forwarded to the State Government and to each member and copies t
(1) The Municipal Commissioner shall on or before the tenth day of December each year in the case of indebted Corporation and tenth day of January each year in the case of other Corporations cause to be prepared and laid before the Executive Committee in such form as may be prescribed and in such manner as the Executive Committee may approve budget estimates of the income and expenditure of the Corporation Fund for the next financial year.
(2) Such estimates shall-
(a) take into account loans and grants from Government;
(b) provide for the repayment of all loans including loans taken from Government with interest due thereon, for the repayment of which the Corporation is liable;
(c) provide for the discharge of liabilities imposed on the Corporat
As soon as may be after the first day of September if it is an indebted Corporation and the first day of October if it is not an indebted Corporation revised budget estimates for the year shall be adopted by the Corporation and the revised estimates shall, as far as may be, but subject to the modifications mentioned herein, be subject to all the provisions of Section 146.
Modifications -
(i) In sub-sections (1) and (3) of Section 146 for "tenth day of December" and "tenth day of January", "tenth day of August" and "tenth day of September", shall respectively be deemed to be substituted;
(ii) In sub-section (3) of Section 146 for "fifteenth day of January" and "fifteenth day of February", "fifteenth day of August" and "fifteenth day of September" shall respectively be deemed to be substituted
The Corporation shall, on or before February 15 if it is an indebted Corporation but on or before March 15 otherwise, after considering the proposal of the Executive Committee, determine, subject to the limitations and conditions prescribed in Chapter IX the rates at which Corporation taxes referred to in sub-section (1) of Section 172 shall be levied in the next ensuing financial year.
(1) On the recommendation of the Executive Committee the Corporation may, from time to time during a financial year, increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below the amount prescribed under clause (e) of subsection (2) of Section 146 or such higher amount as may have been fixed for the time being in this behalf by the Corporation in the case of either the Corporation Fund or other special funds.
(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates approved by the Corporation for the year in which they are made.
(3) Reduct
Except as may be provided by rules in this behalf, no expenditure shall be incurred or payment made of any sum out of the Corporation Fund unless the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made in accordance with the provisions of sub-section (3) of Section 149.
The Corporation may vary or alter from time to time as circumstances may render desirable, the budget estimates adopted under Section 146 or Section 147:
Provided that in the case of an indebted Corporation every variation or alteration under this section shall be subject to confirmation by the State Government.
Where in the opinion of the State Government the condition of indebtedness of any Corporation is such as to make the control of the State Government over its budget desirable, the State Government may by order notified in the official Gazette declare that such is the case and such Corporation shall for the purposes of this Act be deemed to be an indebted Corporation.
(1) The Mayor, ?[Deputy Mayor], and every member, officer and servant of the Corporation shall be liable to surcharge for the loss, waste or misapplication of any money or property of the Corporation, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such Mayor, ?[Deputy Mayor], member, officer or servant.
(2) The procedure of surcharge and the manner of recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed by rules.
(3) Where no surcharge proceedings are taken the Corporation may with the previous sanction of the State Government institute a suit for compensation against such Mayor, ?[Deputy Mayor], member, officer or servant.]
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The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting the generality of the powers conferred hereby, make rules for the following purposes:
(a) receiving of payments by the Municipal Commissioner to the account of the Corporation Fund and lodging of the moneys received in a bank or banks;
(b) operation of the funds of the Corporation;
(c) deposit of portion of Corporation Fund with bank or agency outside the City;
(d) investment of surplus moneys;
(e) the accounts to be kept by the Corporation, the manner in which accounts shall be audited and published 89[,] the power of auditors in respect of disallowance and surcharge [and
(1) The Corporation may, with the previous sanction of the State Government and subject to the provisions of Section 31 of the Reserve Bank of India Act, 1934 from time to time, borrow or re--borrow and take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the Corporation or proposed to be acquired by it under this Act or of all or any taxes, duties, tolls, cesses, fees and dues which it is authorised to levy for the purposes of this Act, or of all or any of those securities, any sum necessary for the purpose of--
(a) defraying any costs, charges or expenses, incurred by it in the execution of this Act;
(b) for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;
&nbs
Notwithstanding anything contained in Section 154 but subject to the provisions of Section 31 of the Reserve Bank of India Act, 1934, the Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the Corporation Fund may be deposited, against any public securities in which for the time being the cash balance of the Corporation may be invested:
Provided that in the case of an indebted Corporation, borrowing under this section shall be made with the previous approval of the State Government.
(1) Every loan raised under Section 154 shall be repaid within the time approved there for under the said section and by such of the following methods as may be approved under the said provision, namely-
(a) by payment from a sinking fund established under Section 157 in respect of the loan;
(b) by equal payments of principal and interest;
(c) from any sum borrowed for the purpose under clause (b) of sub-section
(1) of Section 154;
(d) partly from a sinking fund established under Section 157 in respect of the loan and partly from money borrowed for the purpose under clause
(b) of sub-section (1) of Section 154;
(1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of Section 154, the Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved:
Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that, if allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the State Government further payments into such fund may be discontinued.
(2) The Corporation may apply a sinking fund, or any part thereof in or
(1) All moneys paid into a sinking fund shall, as soon as possible, be invested by the Corporation in the name of the Municipal Commissioner -
(a) in Government securities, or
(b) in securities guaranteed by Government, or
(c) in debentures of the Corporation,
(d) and shall be held by the Corporation for the purpose of repaying from time to time the debentures issued by it.
(2) All dividends, interest and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the appropriate sinking fund and invested in the manner prescribed by sub-section (1).
(3) Money standing to the credit of two or more sinking fun
(1) In respect of any sinking funds which by this Act the Corporation is directed or authorized to invest in Public securities and in respect of any surplus moneys which by this Act the Municipal Commissioner on behalf of the Corporation is empowered to invest in the securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment, any debentures issued or to be issued on account of any loan for which the sanction of the State Government shall have been duly obtained:
Provided that the intention so to reserve and set apart such debentures shall have been notified to the State Government as a condition of the issue of the loan.
(2) The issue of any such debentures direct to and in the name of the Municipal Commissioner on behalf of the Corporation shall not operate to extinguish or cance
(1) All sinking funds established or maintained under this Act shall be subject to annual examination by the Examiner, Local Fund Accounts, who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds, had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.
(3) The securities belonging to a sinking fund shall be valued for the purposes of this sec
(1) If any money borrowed by the Corporation or any interest or costs due in respect thereof are not repaid according to the conditions of the loan, the State Government, if it has itself given the loan, may, and in other cases shall, on the application of the lender after considering the explanation of the Corporation, if any, attach the Corporation Fund or a portion of the Corporation Fund.
(2) After such attachment no person, except an officer appointed in this behalf by the State Government shall in any way deal with the attached fund or portion thereof but such officer may do all acts in respect thereof which any Corporation authority, officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and costs due in respect thereof and of all expenses caused by the attachment and subsequent
(1) Debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the State Government from time to time determine.
(2) The holder of any debenture in any form duly authorized under subsection
(1) may obtain in exchange therefor, upon such terms as the Corporation shall from time to time determine, a debenture in any other form so authorized.
(3) Every debenture issued by the Corporation under this Act shall be transferable by endorsement.
(4) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder for the time being without any preference by reason of some of such debentures being prior in date to others.
All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Executive Committee and the Municipal Commissioner on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.
Notwithstanding anything contained in Section 45 of the Indian Contract Act, 1872--
(1) Where any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons:
Provided that nothing in this sub-section shall affect any claim by the legal representative of a deceased person against such survivor or survivors.
(2) When two or more persons are joint holders of any debenture or security issued under this Act, anyone of such persons may give an effectual receipt for an interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.
(1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part or has been defaced or mutilated and a person claims to be the person to whom but for the loss, theft, destruction, defacement or mutilation it would be payable, he may, on application to the Municipal Commissioner, and on producing proof of his satisfaction of the loss, theft, destruction, defacement or mutilation and of the justice of the claim, obtain from him an order-
(a) if the debenture alleged to have been lost, stolen, destroyed, defaced or mutilated is payable more than six years after the date of publication of the notification referred to in sub-section (2)-
(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture; and
(1) A person claiming to be entitled to a debenture issued under this Act, may on applying to the Municipal Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Municipal Commissioner obtain a renewed debenture payable to the person applying.
(2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application of renewal has been made, the Municipal Commissioner may--
(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party;
(b) refuse to renew the debenture until such decision has been obtai
(1) When a renewed debenture has been issued under Section 166 in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the Corporation and such person and all persons deriving title thereafter through him.
(2) No such renewal shall affect the rights as against the Corporation of any other person to the debenture so renewed.
When a duplicate debenture has been issued under Section 165 or when a renewed debenture has been issued under Section 166 or when the principal sum due on a debenture in respect of which an order has been made under Section 165 for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due the Corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued or in respect of which such payment has been made, as the case may be--
(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of Section 165 or from the date of the last payment of interest on the original debenture, whichever date is later;
Notwithstanding anything in Section 166 the Municipal Commissioner may in any case arising thereunder-
(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Municipal Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or
(2) refuse to issue a renewed debenture unless such indemnity is given.
(1) The Municipal Commissioner shall, at the end of each year, prepare a statement showing -
(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges;
(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;
(c) in the case of every loan for which a sinking fund is maintained the amount of accumulation in the sinking fund at the close of the year showing separately the amount to the credit of the fund in the year;
(d) the loans repaid in the
The State Government may make rules to carry out all or any of the purposes of this Chapter, and in particular, without affecting the generality of the power conferred hereby, make rules for the following purposes:
(a) procedure for obtaining sanction of the State Government under this Chapter;
(b) establishment of sinking fund;
(c) investment of money in the sinking fund;
(d) annual examination and audit of sinking fund;
(e) manner of attachment of Corporation Fund; and
(f) printing of debentures.
(1) For the purposes of this Act and subject to the provisions thereof and of Article 285 of the Constitution of India the Corporation shall impose the following taxes, namely,
(a) property taxes;
(b) a tax on vehicles other than mechanically propelled vehicles, and other conveyances plying for hire or kept within the City or on boats moored therein;
91[(c) a tax on helicopters or any other type of planes, when they land on or take off from the helipads, airports, airsteps (sic airstrip) or places made for this purpose situated within the Corporation. The tax so imposed shall be paid by the airport authority or person or persons, or managers, or director or institution or department or agency involved in the maintenance, management and supervision of the airport, airstrip, helipad or the pl
(1) For the purposes of sub-section (1) of Section 172 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City
(a) a general tax which may be levied, if the Corporation so determines, on a graduated scale;
(b) a water tax 4[leviable in areas where water is supplied by the Corporation;]
(c) drainage tax leviable in areas provided with sewer system by the Corporation;]
(d) a conservancy tax in areas in which the Corporation undertakes the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools.
(2) Save as otherwise expressly
6[(1)] "Annual value" means-
7[(a) in the case of railway stations, colleges, schools, hostels, factories, commercial buildings, and other non-residential buildings, a proportion not below 5 per cent, to be fixed by rule made in this behalf of the sum obtained by adding the estimated present cost of erecting the building less depreciation at a rate to be fixed by rules, to the estimated value of the land appurtenant thereto; and]
8[(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
The imposition of a tax under clause (b) of sub-section (1) of Section 173 shall be subject to the restriction that the tax shall not be imposed -
(i) on any land exclusively for agricultural purposes, unless the water is supplied by the Corporation for such purposes; 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 Corporation; or
(iii) on any plot or building, no part of which is within the radius prescribed for the City, from the nearest stand-pipe or other waterworks whereat water is made available to the public by the Corporation.
Explanation. -For the purposes of this section -
(a) 'building' sha
The proceeds of the water, drainage and conservancy taxes and all other incomes derived from waterworks, drainage works, drains and excrementitious and polluted matter collected from privies, urinals and cesspools and from disposal of such matters and income from sullage farms shall be pooled together and shall be defrayed on purposes connected with the construction, maintenance, extension or improvement of such waterworks and drainage works and with the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools including maintenance of sullage farms.
The general tax shall be levied in respect of all buildings and lands in the City 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 a charitable purpose;
12[(c) building solely used as schools and intermediate colleges whether aided by the State Government or not, fields, farms and gardens of Government aided institutes of research and development, playgrounds of Government aided or unaided recognised educational institutions and sports stadium;]
(d) ancient monuments as defined in the Ancient Monuments Preservation Act, 1904, subject to any direction of the State Government in respect of any such monumen
(1) When a building or land has remained vacant and unproductive of rent for ninety or more consecutive days during any year, the Municipal Commissioner shall remit or refund so much of each of the property taxes 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 a building consists of two or more separate tenements and one or more such tenements has remained vacant and unproductive of rent during any such period as aforesaid, the Municipal Commissioner may remit or refund such portion (if any) of each tax or instalment as may be prescribed:
Provided that no remission shall be granted unless notice in writing of the fact of the building or land being vacant and unproductive of rent has been given to the Corporation; and that no remission or re
(1) Except where otherwise prescribed, every tax (other than a drainage tax or a conservancy tax) on the annual value of buildings or lands shall be leviable primarily from the actual occupier of the property upon which the tax is assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the Central or the State Government or from the Corporation, or on a building 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.
18[(d) if
(1) A drainage tax, or a conservancy tax on the annual value of buildings or lands shall be levied from the actual occupier of the property upon which the taxes are assessed:
Provided that, where such property is let to more occupiers than one, the Municipal Commissioner may at his option levy the tax from the lessor instead of from the actual occupiers.
(2) A lessor from whom a tax is levied under the proviso to sub-section (1) may, in the absence of a contract to the contrary, recover the tax from any or all of the actual occupiers.
(1) Property taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to the State Government thereupon, be a first charge, in the case of any building or land held immediately from the State, upon the interest in such building or land of the person liable for such taxes and upon the movable property, if any, found within or upon such building or land and belonging to such person; and, in the case of any other building or land, upon the said building or land and belonging to the person liable for such taxes.
Explanation -The term "property taxes" in this section shall be deemed to include any charges payable for water supplied to any premises and the costs of recovery of property taxes as specified in the rules.
(2) In any decree in a suit for the enforcement of th
(1) A tax under clause (b) or clause (c) of sub-section (1) of Section 172 shall be levied at rates not exceeding those prescribed by rule by the State Government in this behalf from time to time on vehicles and boats or on animals, as the case may be.
(2) The Corporation shall from year to year, in accordance with Section 148, determine the rates at which the tax referred to in sub-section (1) shall be levied.
(3) A vehicle, boat or animal kept outside the limits of the City but regularly used within such limits shall be deemed to be kept for use in the City.
(1) The tax under clause (b) of sub-section (1) of Section 172 shall not be leviable in respect of -
(a) vehicles and boats belonging to the Corporation;
(b) vehicles and boats vesting in the Union of India except where the provisions of clause (2) of Article 285 of the Constitution of India apply;
(c) vehicles and boats vesting in any State comprised in the Union of India and used solely for public purposes and not used or intended to be used for purposes of profit;
(d) vehicles and boats intended exclusively for conveyance free of charge of the injured, sick or dead;
(e) children's perambulators and tricycles;
(f) vehicles or boats kept by bonafide deale
"Betterment tax" means a tax to be charged on the increase in the value of the land comprised in a scheme put into operation under Chapter XIV, but not actually required for the execution thereof, or on the increase in the value of any land adjacent to and within one quarter of a mile of the boundaries of such scheme, provided that such adjacent land is situated within the City.
The Betterment tax shall be an amount equal to one-half of the difference between the market value of the land on the date specified in the public notice under sub-section (2) of Section 187 and the market value of such land on or immediately before the date on which the scheme was finally notified under Chapter XIV:
Provided that for the purposes of calculation under this section the land shall be treated as free of all buildings.
Where a Corporation has imposed a tax mentioned in clause (f) of sub-section (2) of Section 172 every owner of land mentioned in Section 184 or any person, having an interest therein in respect of the increase in the value of such land, shall in the manner hereinafter provided pay to the Corporation such Betterment tax as may be determined by Municipal Commissioner.
(1) The State Government shall, by notification in the Official Gazette, declare the date on which a scheme shall be deemed to have been completed.
(2) Within one year of the date of the completion of the scheme declared in subsection (1), the Municipal Commissioner shall give public notice of the intention of the Corporation to levy a Betterment tax from a specified date.
(1) The Municipal Commissioner shall at any time after one month from the publication of such notice assess the amount of Betterment tax payable by the person concerned and shall give a notice in writing to such person stating the amount of the tax and the instalments, if any, and the dates on which the tax shall be paid together with such other particulars as may be necessary.
(2) Any person on whom a notice of assessment is served under sub-section
(1) may, within one month from the date of the service of such notice, file an objection against such assessment before the Municipal Commissioner:
Provided that an objection may be entertained even after the expiry of the period mentioned in sub-section (1) if the Executive Committee or sub-committee thereof referred to in sub-section (3) is s
(1) A person liable to pay Betterment tax may at his option instead of paying thereof to the Corporation, execute an agreement with the Corporation to leave the said payment outstanding as a charge on his interest in the land, subject to the payment in perpetuity of interest at the rate of 6 per cent per annum.
(2) A person who has exercised his option under sub-section (1) may, at any time, subject to his giving six months' notice of his intention, pay the amount of Betterment tax assessed under Section 188.
Arrears of Betterment tax shall be realized in the manner provided in Chapter XXI.
(1) Where the Corporation has imposed a tax referred to in clause (g) of Section 172, 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 City, be increased by 2 per cent 20[on the amount or value of the consideration with reference to which the duty is calculated under the said Act.]
(2) All collections resulting from the said increase shall, after the deduction of incidental expenses, if any, be paid to the Corporation by the State Government in such manner as may be prescribed by rules.
(3) For the purpose of this section, Section 27 of the Indian Stamp Act, 1899, shall be so read and construed as if it specifically required the particulars referred to therein to be separately set forth in respect of -
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Where a Corporation imposes a tax mentioned in clause (h) of sub-section (2) of Section 172, every person who erects, exhibits, fixes or retains upon or over any land, building, wall, hoarding or structure any advertisement or who displays any advertisement to public view in any manner whatsoever, in any place whether public or private, shall pay on every advertisement which is so erected, exhibited, fixed, retained or displayed to public view, a tax calculated at such rates and in such manner and subject to such exemptions as may be provided by the Act or rules made thereunder:
Provided that no tax shall be levied under this section on any advertisement or a notice-
(a) of public meetings, or
(b) of an election to any legislative body or the Corporation,
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(1) No advertisement shall, after the-levy of the tax under Section 192 has been determined upon by the Corporation, be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure within the City or shall be displayed in any manner whatsoever in any place without the written permission of the Municipal Commissioner.
(2) The Municipal Commissioner shall not grant such permission if -
(i) the advertisement contravenes any bye-law made by the Corporation under 21[clause (48)] of Section 541, or
(ii) the tax, if any, due in respect of the advertisement has not been paid.
(3) Subject to the provisions of sub-section (2) in the case of any advertisement liable to the advertisement tax, the Municipal Commissioner s
The permission granted under Section 193 shall become void in the following cases, namely:
(a) if the advertisement contravenes any bye-law made by the Corporation under 22[clause (48)] of Section 541;
(b) if any addition to the advertisement be made except for the purpose of making it secure under the direction of the Municipal Commissioner;
(c) if any material change be made in the advertisement or any part thereof;
(d) if the advertisement or any part thereof falls otherwise than through accident;
(e) if any addition or alteration be made to, or in the building, wall or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves t
Where any advertisement shall be erected, exhibited, fixed or retained upon or over any land, building, wall, hoarding or structure in contravention of the provisions of Section 192 or Section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the person for whom or for whose purposes the advertisement has prima facie been so erected, exhibited, fixed or retained shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in such contravention unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.
If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of Section 192 or Section 193 or after the written permission for the erection, exhibition, fixation or retention thereof for any period shall have expired or become void, the Municipal Commissioner may, by notice in writing, require the owner or occupier of the land, building, wall, hoarding or structure upon or over which the same is erected, exhibited, fixed or retained to take down or remove such advertisement or may enter any building, land or property and have the advertisement removed.
The theatre tax shall not be leviable in respect of
(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;
(b) any entertainment or amusement which is not open to the general public on payment;
(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilized for a public charitable purpose.
Explanation.-For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.
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23 Omitted by U.P. Act 9 of 1991 (w.e.f. 01-08-1990).
(1) When a Corporation desires to impose a tax specified in sub-section (2) of Section 172 it shall by resolution direct the Executive Committee to frame proposals specifying -
(a) the tax, being one of the taxes described in sub-section (2) of Section 172 which it desires to impose;
(b) the persons or class of persons to be made liable, and the description of property or other taxable thing or circumstances in respect of which they are to be made liable, except where and in so far as any class or description is already sufficiently defined under clause (a) or by this Act;
(c) the amount or rate leviable from each such person or class of persons;
(d) any other matter referred to in Section 219 which the State Government requires by rule to be spe
(1) Any inhabitant of the City may, within two weeks from the publication of the said notice, submit to the Corporation an objection in writing to all or any of the proposals framed under the preceding section, and the Corporation shall take any objection so submitted into consideration and pass orders thereon by special resolution.
(2) If the Corporation decides to modify the proposals of the Executive Committee, or any of them the Municipal Commissioner shall publish the modified proposals and, if necessary, revised draft rules along with a notice indicating that the proposals and rules (if any) are in modification of proposals and rules previously published for objection.
(3) Any objections which may be received to the modified proposals shall be dealt with in the manner prescribed in sub-section (1).
&nb
Upon receipt of the proposals and objection under the preceding section the State Government may either refuse to sanction the proposals or return them to the Corporation for further consideration or sanction them without modification or with such modification not involving an increase of the amount to be imposed, as it seems fit.
(1) When the proposals have been sanctioned by the State Government, the State Government, after taking into consideration the draft rules submitted by the Corporation, shall proceed forthwith to make such rules in respect of the tax as for the time being it considers necessary.
(2) When the rules have been made the order of sanction and a copy of the rules shall be sent to the Corporation, and thereupon the Corporation shall by special resolution direct the imposition of the tax with effect from a date to be specified in the resolution.
(1) A copy of the resolution passed under Section 202 shall be submitted to the State Government.
(2) Upon receipt of the copy of the resolution the State Government shall notify in the official Gazette, the imposition of the tax from the appointed date, and the imposition of 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.
The procedure for abolishing a tax, or for altering a tax in respect of the matters specified in clauses (b) and (c) of subsection (1) of Section 199 shall, so far as may be, be the procedure prescribed by Sections 199 to 202 for the imposition of a tax.
(1) Whenever it appears, on complaint made or otherwise to the State Government, that the levy of any tax is contrary to the public interests or that any tax is unfair in its incidence, the State Government may, after considering the explanation of the Corporation concerned, by order require such Corporation 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 or collecting the tax.
(2) Upon the failure or inability of the Corporation to comply, to the satisfaction of the State Government, with an order made under sub-section (1), the 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.
(1) The State Government may, by general or special order, published in the official Gazette, require a Corporation to impose any tax mentioned in subsection (2) of Section 172 not already imposed, at such rate and within such period as may be specified in the notification, and the Corporation shall thereupon act accordingly.
(2) The State Government may require a Corporation to increase, modify or vary the rate of any tax already imposed and thereupon the Corporation shall increase, modify or vary the tax as required.
(3) If the Corporation fails to carry out the order passed under sub-section (1) or (2), the State Government may pass suitable order imposing, increasing, modifying or varying the tax and thereupon the order of the State Government shall operate as if it had been a resolution duly passed by the Corporation.
24[The Municipal Commissioner shall cause areawise rental rates and an assessment list in the city or part thereof to be prepared from time to time, in accordance with the manner prescribed in the Rules.]
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24 Subs. by U.P. Act 16 of 2004, S. 10 (w.r.e.f. 21-11-2002).
Notwithstanding any other provisions of this Act, the owner or occupier primarily liable for payment of tax in respect of a residential 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 clause (b) of Section 174, and deposit the property 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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25 Ins. by U.P. Act 17 of 1999, S. 6.
(1) For the purposes of annual rental value, the owner or the occupier of every house or land shall submit a property return up to 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 cpmpounded by the Municipal Commissioner.]
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26 Ins. by U.P. Act 16 of 2004, S. 11 (w.r.e.f. 21-11-2002).
27[The Municipal Commissioner shall publish the list prepared under Section 207 in accordance with the manner prescribed in the rules.]
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27 Subs. by U.P. Act 16 of 2004, S. 12 (w.r.e.f. 21-11-2002).
(1) The Municipal Commissioner or an officer authorised by him in this behalf shall dispose of the objections in accordance with the manners prescribed in the rules.]
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28 Subs by U.P. Act 16 of 2004, S. 13 (w.r.e.f. 21-11-2002).
30[(1) The Municipal Commissioner or an officer authorised by him in this behalf, shall authenticate by his signature the areawise rental rates and the assessment list of the city or any part thereof, as the case may be.]
(2) Every list so authenticated shall be deposited in the office of the Corporation.
(3) As soon as the list for the entire City is so deposited it shall be declared by public notice to be open for inspection.]
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29 Subs. by U.P. Act 8 of 1970.
30 Subs. by U.P. Act 16 of 2004, S. 14 (w.r.e.f. 21-11-2002).
(1) A new assessment list shall ordinarily be prepared in the manner prescribed by Sections 207 to 210 once in every 31[two] years.
(2) Subject to any alteration or amendment made under Section 213 and to the result of any appeal under Section 472 every valuation and assessment entered in a valuation list shall be valid from the date on which the list takes effect 32[in the City or part thereof and until the first day of the month next following the completion of the new list]:
33[Provided that where as a result, of any order or adjudication of a court of law the new assessment list or any portion thereof cannot take effect, the old assessment list or the corresponding portion thereof shall, subject to such order or adjudication, be deemed to have continued to be effective.]
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An entry in an assessment list shall be conclusive proof -
(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 Corporation tax, of the annual value of any building or land during the said period.
34[The Municipal Commissioner or an officer authorised by him in this behalf] may at any time alter or amend the assessment list -
(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 the 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 35[has become incorrectly valued or assessed or which, by reason of fraud, misrepresentation or mistake, has been incorrectly valued or assessed]; or
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(1) When any building is constructed or reconstructed or any addition is made thereto by an owner or occupier and the covered area exceeds by more than 25 per cent then it shall be compulsory for him to submit its information to the Municipal Commissioner within sixty days of the date of completion or date of occupation whichever is earlier, in the prescribed form.
(2) The owners or occupiers, who do not submit information referred to in subsection (1) without proper reasons, shall be liable to be punished with fine which may extend to an amount equal to double of the assessed general tax or Rs. 500 per day of the delay whichever is less.
(3) The Municipal Commissioner may compound the proposed penalty under sub-section (2).]
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The owner of a building or land for which a remission or refund of the tax has been given under Section 178 shall give notice of the re-occupation of such building or land within fifteen days of such re-occupation.
For the purpose of assessing, levying or collecting, but not for the purpose of imposing or granting exemption from, the property taxes described in Section 173 a Corporation may consolidate any two or more of such taxes:
Provided that in any register or assessment list relating to a consolidated tax and used for the purpose of informing a person of his liability thereunder or for the purpose of securing compliance with the provisions of Section 175 or Section 176 the Municipal Commissioner shall, in the manner prescribed, apportion the consolidated tax amongst the several taxes comprised therein, so as to show approximately the amount assessed or collected on account of each separate tax.
(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.
(1) If any sum recoverable under the provisions of this Chapter is due or is about to become due from any person, and if the Municipal Commissioner shall have reason to believe that such person is about to leave the limits of the City the Municipal Commissioner may direct the immediate payment by such person of such sum and cause a bill for the same to be presented.
(2) If, on presentation of such bill, the said person does not forthwith pay the said sum or does not furnish security to the satisfaction of the Municipal Commissioner, the amount shall be levied by distress and sale of his movable property or by attachment and sale of his immovable property in the manner specified in Chapter XXI except that it shall not be necessary to serve upon him any notice of demand and the Municipal Commissioner's warrant for distress and sale may be issued and executed without any delay.
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, and, [* * *]42;
(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 livestock distrained; and
(f) any other matters relating to taxes in respect of which this Act makes no provision or insufficient provision and provision is, in the opinion of the State Government, necessary
(1) Subject to the provisions of any rule, a Corporation may, by a special resolution confirmed by the State Government, 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 XXI.
(1) A Corporation 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 Corporation may, by a special resolution confirmed by the State Government, exempt from the payment of a 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 State Government may, by order, exempt from the payment of a tax, or any portion of a tax, imposed under this Act, any person or class of persons or any property or description of property 43[for such period as may be specified in the order].
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(1) Where the owner or occupier primarily liable for payment of tax in respect of any premises has not paid by the date fixed by the Corporation in this behalf the tax or a part of the tax payable by him under this Act, simple interest at the rate of twelve per cent per annum from the date fixed for payment of tax up to the date of payment shall be payable by him upon the amount that has remained unpaid.
(2) Without prejudice to the provisions of sub-section (1), where the owner or occupier of any premises has paid tax under Section 207-A on the basis of his own assessment and the tax so paid is found by the Corporation to be less than the amount of tax payable by him, simple interest at the rate of twelve per cent per annum upon the amount by which the tax so paid falls short of the tax which is found to be payable, shall be payable by him from the date fixed by the Corporation fo
(1) Every owner or occupier primarily liable for payment of tax in respect of any premises shall submit to the Corporation a statement in respect of the carpet area of the building, or in respect of the area of the land, as the case may be, in such form and at such times, as may be prescribed in this behalf.
(2) If the Corporation is, on an enquiry conducted in this behalf in such manner as may be prescribed, satisfied that the statement submitted under sub-section
(1) is factually incorrect in as much as any part of the carpet area of building or any part of the area of the land, as the case may be, has been concealed, the Corporation may impose a penalty not exceeding one thousand rupees on the defaulter in such manner as may be prescribed in this behalf.]
(1) The Corporation may by written communication call upon an inhabitant of the City to furnish such information 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 occupied and the name and address of the owner.
(2) If an inhabitant so called upon to furnish information omits to furnish it or furnishes information which is untrue, he shall be liable upon conviction to a fine which may extend to five hundred rupees.
The Municipal Commissioner or any other officer or servant of the Corporation authorised in this behalf 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 and the provisions of Sections 560, 562 and 563 shall apply to such inspections.
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 circumstances shall be invalid by reason only of the mistake in the name, residence, place of business or occupation of the person, or in the description of the property, thing or circumstances, or by reason of any more 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.
Whenever the Corporation determines to have recourse to supplementary taxation in any financial year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the State Government or by levying, with due sanction, a tax imposable under this Act but not being levied at the time being.
No objection shall be taken to a valuation or assessment nor shall the liability of a person to be assessed or taxed be questioned in any other manner or before any other authority than is provided in this Act.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power such rules may provide for-
(a) matters referred to in Section 219;
(b) maintenance and inspection of register regarding taxes on vehicle, boat and animal;
(c) [* * *]45
(d) [* * *]46
(e) advance payment of taxes;
(f) summary disposal of objections to distress and attachment;
(g) the conditions on which exemptions and refunds of taxes shall be allowed.
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(1) Subject to any general directions which the Executive Committee may from time to time give in this behalf, the Municipal Commissioner shall maintain and keep in repair all Corporation drains and may with the approval of the Executive Committee construct such new drains both within and without the City as shall from time to time be necessary for effectually draining the City and areas immediately around it:
Provided that no drain shall be constructed within the limits of the Cantonment without the approval of the State Government and otherwise than with the concurrence of the General Officer Commanding the Division in which such Cantonment is situate or, in the event of such concurrence being withheld, the previous sanction of the Central Government.
(2) The Municipal Commissioner shall also, in the case of any street in which there
(1) Subject to the other provisions of this Act the Municipal Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the Corporation.
(2) The Municipal Commissioner in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations -
(e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.
(3) Whenever it is proposed to make a declaration under sub-section (1), the Municipal Commis
(1) The Municipal Commissioner may carry any Corporation drain through, across or under any street or any place laid out as or intended for a street or under cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within the City or, for the purpose of outfall or distribution of sewage, without the City.
(2) The Municipal Commissioner may enter upon, and construct any new drain in the place of an existing drain in any land wherein any Corporation drain has been already lawfully constructed, or repair or alter any Corporation drain so constructed.
(a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Municipal Commissioner h
The Municipal Commissioner may enlarge, alter the course of, deepen, lessen, arch over or otherwise improve any Corporation drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary, or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain the Municipal Commissioner shall, as soon as may be, provide, at the cost of the Corporation for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.
(1) The Corporation drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.
(2) For the purpose of flushing, cleansing and emptying the said drains, the Municipal Commissioner may construct or set up such reservoirs, sluices, engines and other works as he shall from time to time deem necessary.
The owner of a private street may, subject to his fulfilling the conditions to be prescribed connect the drain of such street with a Corporation drain.
(1) Subject to the other provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a Corporation drain or other place lawfully set apart for the discharge of drainage:
Provided that nothing in this sub-section shall entitle any person -
(a) to discharge directly or indirectly into any Corporation drain any trade effluent except in accordance with the provisions of Section 240 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;
(b) where separate Corporation drains are provided for foul water and for surface water to discharge directly or indirectly -
(i) foul water into a drain provided for surface water; or
(1) Where a person proposes to construct a drain, the Municipal Commissioner may, if he considers that the proposed drain is or is likely to be needed to form part of a general drainage system which the Corporation has provided or proposes to provide, require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall or otherwise from the manner in which he proposes to construct, and thereupon it shall be the duty of such person to comply with the requisition of the Municipal Commissioner.
(2) The Municipal Commissioner shall reimburse from the Corporation Fund to the person constructing a drain in accordance with sub-section (1), the extra expenditure reasonably incurred by him in complying with the requisition and until the drain becomes a Corporation drain, he shall also from time to time reimburse to him from the C
Except as provided by Sections 233 and 234 or as may be prescribed, no person shall make or cause to be made any connection of a drain belonging to himself or to some other person with any Corporation drain or other place lawfully set apart for the discharge of drainage, and the Municipal Commissioner may, after giving notice to the person concerned, close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Municipal Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.
(1) If it shall appear to the Municipal Commissioner that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into Corporation drain or other place lawfully set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Municipal Commissioner may, by order in writing, authorize the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
(2) No authorization shall be made under sub-section (1) except after notice to the owner of the land and considering the objection, if any, filed by him.
(3) Every such order under sub-section (1) bearing the signature of the Municipal Commissioner shall be a complet
Where any premises are, in the opinion of the Municipal Commissioner, without sufficient means of effectual drainage and a Corporation drain or some place lawfully set apart for the discharge of drainage is situate at a distance not exceeding one hundred feet from some part of the said premises the Municipal Commissioner may, by written notice, require the owner or occupier of the said premises-
(a) to make a drain of such material, size, description and laid at such level and according to such alignment and emptying into such municipal drain or place aforesaid as the Municipal Commissioner may consider necessary or suitable;
(b) to provide and set up and all such appliances and fittings as may appear to the Municipal Commissioner necessary for the purposes of gathering and receiving the drainage from and conveying the same off the said
Where any premises are, in the opinion of the Municipal Commissioner, without sufficient means of effectual drainage, but no Corporation drain is situated within one hundred feet from some part of the said premises, the Municipal Commissioner may, by written notice, require the owner or occupier, of the said premises -
(a) to construct, a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; or
(b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Municipal Commissioner thinks necessary and also construct a drain or drains emptying into such cesspool.
Subject to the provisions of this Act, the rules and the bye-laws and any other law in that behalf, the occupier of any trade premises, may, discharge into the Corporation drains any trade effluent proceeding from those premises.
(1) Where the Municipal Commissioner is of the opinion that any group or block of premises, any part of which is situated within one hundred feet of a Corporation drain, or other place set apart by the Corporation for the discharge of drainage already existing or about to be constructed, may be drained economically or advantageously in combination than separately, the Municipal Commissioner may cause such group or block of premises drained by such method as appears to the Municipal Commissioner to be best suited therefor, and the expenses incurred by the Municipal Commissioner in so doing shall be paid by the owners of such premises in such proportions as the Municipal Commissioner thinks fit.
(2) Not less than fifteen days before any work under this section is commenced the Municipal Commissioner shall give written notice to the owners of all the premises to be drained, of -
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(1) Where a drain connecting any premises with a Corporation drain or other place lawfully set apart for the discharge drainage, even though such drain is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, is not, in the opinion of the Municipal Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the Municipal Commissioner may -
(a) subject to the provisions of sub-section (2), close, discontinue, or destroy the said drain and after notice to the owner or occupier of the premises, cause any work necessary for that purpose to be done;
(b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rain-water only or for unpolluted sub-soil water only, or for both
Subject to the provisions of sub-section (2) of Section 228 every drain which has been constructed, laid, erected or set up, whether at the expense of Corporation or not, or which is continued for the sole use and benefit of any premises or group of premises shall -
(a) notwithstanding anything contained in Section 244 vest in the owner of such premises, or group of premises on and from the appointed day;
(b) be provided with all such further appliances and fittings as may appear to the Municipal Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Municipal Commissioner at the charge of the Corporation Fund.
All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the Corporation Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the date of the establishment of the Corporation upon any premises not belonging to the Corporation and otherwise than for the sole use and benefit of the premises or group of premises shall, unless the Corporation has otherwise determined, vest in the Corporation.
(1) It shall not be lawful newly to erect any building or re-erect any building, or to occupy any building newly erected or re-erected unless and until -
(a) a drain be constructed of such size, material and description, at such level and with such fall as shall appear to the Municipal Commissioner to be necessary for the effectual drainage of such building;
(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Municipal Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain to
Every owner of the drain connected with a Corporation drain or other place lawfully set apart for the discharge of drainage shall be bound to allow the use of it to others or to admit other persons as joint owners thereof, on such terms as may be prescribed under Section 247.
(1) Any person desiring to drain his premises into a Corporation drain through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Municipal Commissioner for authority to use such drain or to be declared joint owner thereof.
(2) Where the Municipal Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a Corporation drain or other place legally set apart for the discharge of drainage is through a drain communicating with such Corporation drain or place aforesaid but belonging to some person other than the said owner or occupier, the Municipal Commissioner, after giving the owner of the drain a reasonable opportunity of stating a
Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the Municipal Commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain-water and unpolluted sub-soil water each emptying into separate Corporation drains or other places lawfully set apart for the discharge of drainage or other suitable places.
(1) For the purpose of ventilating any drain or cesspools whether belonging to the Corporation or to any other person, the Municipal Commissioner may erect upon any premises or affix to the outside any building or to any tree any such shaft or pipe as shall appear to the Municipal Commissioner necessary and cut through any projection from any building including the caves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, through, or under any land such appliances as may in the opinion of the Municipal Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
(2) Such shaft or pipe shall be erected or affixed or removed in such a manner as may be prescribed.
(3) If the Municipal Commissioner declines to remove a shaft or
The Municipal Commissioner may cause all or any Corporation drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose:
Provided that-
(a) the Municipal Commissioner shall not cause any Corporation drain to empty into any place into which a Corporation drain has not heretofore emptied, or dispose of sewage of any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corporation;
(b) no Corporation drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the State Government shall think fit to disallow.
The Municipal Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the City or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the City.
(1) It shall not be lawful to construct any water-closet or privy for any premises except with the written permission of the Municipal Commissioner and in accordance with such terms not being inconsistent with any rule or bye-law for the time being in force, as he may prescribe.
(2) In prescribing any such terms the Municipal Commissioner may determine in each case -
(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and
(b) what shall be the site or position of each water-closet or privy.
(3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Municipal Commissioner, may, after giving not less than ten days' notice to the
(1) It shall not be lawful to erect or to re-erect or convert within the meaning of Section 315 any building for, or intended for, human habitation at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such building as the Municipal Commissioner may prescribe.
(2) In prescribing any such accommodation the Municipal Commissioner may determine in each case -
(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;
(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.
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The Municipal Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.
(1) All drains, ventilation shafts and pipes, cesspools, house gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation which have been constructed, erected or set up at the charge of the Corporation Fund on premises not belonging to the Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Municipal Commissioner.
(2) The Municipal Commissioner may, in the course of an inspection or examination under sub-section (1) obtain and take away a sample of any trade effluent which is passing from the premises inspected or examined into a Corporation drain. The analysis of such sample shall be made in the manner prescribed.
(3) The results of any analysis of the sample taken under sub-section (2) sha
For the purpose of such inspection or examination the Municipal Commissioner may cause the ground or any portion of any drain or other work exterior to a building, which he shall think fit, to be opened, broken up or removed:
Provided that in the prosecution of any such inspection and examination as little damage as possible shall be done.
When as a result of any inspection or examination under Section 255 the Municipal Commissioner finds that any drain, ventilation-shaft or pipe, cesspool, house-gully, water-close, 'privy, latrine, urinal or bathing or washing place is not in good order or condition or, except when the same has been erected by or under the order of the Municipal Commissioner, if it has been constructed in contravention of any of the provisions of this Act or the rules or bye-laws or of any enactment for the time being in force, the Municipal Commissioner may require the owner by written notice to remove the defect in such manner as he may, subject to any rules or byelaws in force, direct.
(1) No person shall -
(a) in contravention of any of the provisions of this Act or rules or byelaws or of any notice issued or direction given under this Act or without the written permission of the Municipal Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy, or change any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;
(b) without the written permission of the Municipal Commissioner, renew, re-build or unstop any drain, ventilation-shaft or pipe, cesspool, water closet, privy, latrine or bathing or washing place or any fitting or appliance, which has been ordered to be discontinued, demolished or stoppe
(1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.
(2) If any such water-closet, privy, urinal or bathing or washing place or any fitting or appliance in connection therewith or the approaches thereto or the walls, floors, or seats or anything used in connection therewith are in such a state as to be nuisance or source of annoyance to any inhabitants of the locality or passer-by for want of proper cleaning thereof, such of the persons having the use thereof as may be in default or in the absence of evidence as to which of the persons having the use thereof in common is in default, every such person shall be deemed to have contravened the provisions of this section.
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The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provision and rules so applied shall have effect in that area as if it were within the City.
Any person aggrieved by -
(a) a declaration under sub-section (1) of Section 229, or
(b) notice under sub-section (1) of Section 230 to connect the drain or sewer, or
(c) the requisition of the Municipal Commissioner under sub-section (1) of Section 235 to construct a drain in a different manner, or
(d) a notice of the Municipal Commissioner under Section 236 of his intention to close, demolish, alter or remake any connection, or
(e) an order of the Municipal Commissioner under sub-section (1) of Section 237 authorizing as owner or occupier to carry his drain into, through or under the land of another person, or
(f) a notice of the Municipal Commissioner u
(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing powers such rules may provide for -
(a) filing and disposal of objections to any notice under sub-section (3) of Section 229;
(b) the conditions and restrictions to be observed with reference to drains;
(c) the construction, maintenance, improvement, alteration and discontinuance of drains;
(d) the conditions for connections with municipal drains;
(e) the conditions on which occupiers of trade premises may discharge any trade effluent into Corporation drains;
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For the purposes of providing the City with a supply of water, proper and sufficient, for public and private purposes, the Municipal Commissioner may, subject to the provisions of this Act, construct, maintain, repair, alter, improve, and extend waterworks either within or without the City or close any such works and substitute other such works and for the purposes aforesaid do all such acts as may be incidental or necessary, including in particular -
(i) the carrying of 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 building or land;
(ii) purchasing or taking on lease any waterworks or right to store or to take or convey water either within or without the limits of the Corporation.
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(1) The State Government may appoint any person for the purposes of inspecting any waterworks referred to in Section 263 or any water connection and such person shall have liberty to enter upon and inspect any such waterworks or water connection.
(2) The Municipal Commissioner and any person appointed under sub-section
(1) may, for the purpose of inspecting, repairing or executing any work in, upon or in connection with any waterworks or water connection at all reasonable times -
(a) enter upon and pass through any land within or without the City. adjacent to or in the vicinity of such waterworks, or water connection in whomsoever such land may vest;
This chapter along with certain other provisions of U.P. Nagar Mahapalika Adhiniyam shall stand a
The Municipal Commissioner shall provide, maintain and repair fire-hydrants and all incidental works for the supplying of water in case of fire at all such places as shall be deemed to be necessary.
(1) For the purpose of carrying, renewing and repairing water-mains, pipes and ducts within or without the City, the Municipal Commissioner shall have the same powers and be subject to the same restrictions as he has, and is subject to, under the provisions hereinbefore contained for carrying, renewing and repairing drains within the City.
(2) This section shall apply in respect of carrying, renewing, and repairing private water-mains, pipes and ducts as it applies in respect of carrying, renewing and repairing, municipal water-mains, pipes and ducts.
(1) Except with the prior written sanction of the Municipal Commissioner, no person shall erect or re-erect any building, wall or structure of any kind or construct any street or minor railway over any Corporation water-mains.
(2) Except with the permission of the Corporation, no person shall -
(a) erect any building for any purpose whatsoever on any part of such area as shall be demarcated by the Municipal Commissioner near any lake, tank, well, reservoir or river from which a supply of water is derived for a Corporation waterworks;
(b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid;
(c) extend, alter or apply to any purpose different to that to which the same has been heretofore applied, a
(1) For any building, wall or structure erected or re-erected in contravention of the provisions of sub-section (l) of Section 267 or any building erected in contravention of clause (a) of subsection (2) of Section 267, the Municipal Commissioner may, with the approval of the Executive Committee, cause the same to be removed or otherwise dealt with as shall appear fit to him and the expenses thereby incurred shall be paid by the person offending.
(2) If any person persists in acting in contravention of the provisions of clauses (b), (c) and (d) of sub-section (2) of Section 267, the Municipal Commissioner may, with the approval of the Executive Committee, take measures including the use of such minimum force, as may be necessary to stop further contravention of the provisions of the aforesaid clauses.
(3) The Municipal Commissioner may
Where water-tax is levied on any building or land it shall be incumbent on the Municipal Commissioner to make provision for supply of water to owners and occupiers of such buildings or land in such manner, during such time and in such quantity as may be prescribed by rules :
Provided that the Corporation shall not be liable to any forfeiture, penalty or damages for failure to supply water if the same arises from accident or from unusual drought or other unavoidable causes.
(1) No person shall fraudulently dispose of any water supplied to him by the Corporation.
(2) No person to whom a private supply of water is furnished by the Corporation shall, except when the water-supply is charged for by measurement, permit any person who does not reside on premises in respect of which water-tax is paid to carry away water from the premises to which it is supplied.
(3) No person who does not reside on premises in respect of which water-tax is paid shall carry away water from any premises to which the private supply is furnished by the Corporation, unless in any case in which supply is charged for by measurement, he does so with the permission of the person to whom the said supply is furnished.
(1l) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing powers such rules may provide for -
(a) the maintenance, cleansing, efficient running and closure of a private water course, etc., within the limits of the Corporation;
(b) the provision for suitable measures for the inspection, disinfecting of any well, tank or other places from which water is likely to be taken for the purpose of drinking and for such steps as may be deemed necessary to prevent removal of water from the same;
(c) the supply of water by agreement to any owner or occupier of a land or building within the limits of the Corporation with conditions and rates therefo
(1) Subject to any special reservation made by the State Government from time to time all streets within the City being, or which at any time become, public streets, except streets which on the appointed day vested in the State Government or the Central Government or after the said day may be constructed and maintained by an authority other than the Corporation, with the soil, sub-soil and the side drains, footways, pavements, stones and other materials thereof, shall vest in the Corporation and be under the control of the Municipal Commissioner.
(2) The State Government may after consulting the Corporation by notification withdraw any such street with the soil, sub-soil, and the side drains, footways, pavements, stones and other materials thereof from the control of the Corporation.
(1) The Municipal Commissioner shall from time to time cause all public streets vested in the Corporation to be leveled, metalled or paved, channelled, altered and repaired, as occasion shall require, and may also from to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians :
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees or such higher amount as the Corporation may, from time to time fix, shall be undertaken by the Municipal Commissioner unless or until such undertaking has been authorized by the Corporation.
(2) With the sanction of the Corporation given in accordance with the rules and bye-laws in force
Section 273 of the Uttar Pradesh Municipal Corporation Act, 1959, establishes the statutory framework regarding the public streets vested in the Municipal Corporation and the powers of the Municipal Commissioner to maintain, improve, and encroach upon them for public exigencies. It serves as a critical provision enabling the Corporation to manage urban infrastructure, including pavement, leveling, metalling, and channeling, while granting the Commissioner broad authority to allow specific encroachments or alterations for convenience, provided such actions do not violate public safety standards. This section underscores the Corporation's duty to ensure the hygiene and functionality of public thoroughfares and streets, distinguishing between the bare ownership of the street and the specific powers to permit occupation for trade or construction.
Section 273 delineates the power of the Municipal Commissioner in respect of public streets vested in the Corporation. It mandates that the Commissioner shall, from time to time, cause these public streets to be leveled, metalled, or paved, channelled, altered, watered, or sewered. Furthermore, the section grants the Commissioner the discretionary power, subject to the Act and rules, to leave any portion of the street unmetalled or unpaved. Crucially, it empowers the Commissioner to allow any drainage, cover, or structure to be made over the street with necessary permissions. The section also addresses the power to encroach: the Commissioner may permit a person to encroach upon a public street if such encroachment is necessary for the purpose of construction, laying of line, pipe, or wire, or to erect a lamp-post, sign-post, or wall. However, this permission is contingent upon the payment of such fee as may be fixed by the Corporation (as per Section 469 contextually linked to penalties/fees in similar provisions) and compliance with public safety.
To validly invoke the powers under Section 273, the following elements must be present:1. Vested Jurisdiction: The street must be legally vested in the Municipal Corporation under Section 272 of the Act.2. Functional Necessity: The action (paving, leveling, or allowing encroachment) must fall within the powers enumerated for maintaining public streets.3. Commissioner's Authority: The specific action must be authorized by an order or license issued by the Municipal Commissioner.4. Compliance with Rules: The permit for encroachment must adhere to the rules framed under Section 271 of the Act.5. Public Safety Considerations: Any permission granted for building or pouring water/liquid on public streets must not be exercised in a manner that obstructs passage or creates danger to the public, as Section 273 operates subject to the overall provisions of the Act regarding public health and cleanliness.
The scope of Section 273 is extensive, covering both proactive maintenance and discretionary permissions:* Maintenance Mandate: It obligates the Corporation to keep streets in a state of repair (paving, water-laying, sewerage).* Holistic Management: It covers not just the surface but also subsurface infrastructure like drains, ventilation shafts, and pipes.* Licensed Encroachments: It legitimizes certain types of encroachments (e.g., for pipes, wires, lamp-posts) which would otherwise be illegal on public property, provided fees are paid and permissions are granted.* Prohibition on Unauthorized Acts: While it grants powers, it implicitly prohibits the unauthorized construction of solid structures (like walls or buildings) that permanently dethrone the street, unless specifically sanctioned under other sections like Section 331 (Dangerous Structures).
While Section 273 details the powers of the Commissioner, the punishment for its contravention is found in the following provisions linked to the Act's enforcement:1. Section 466: Prescribes punishment for a class of offence against Section 273.2. Section 464A: Specifically mentions punishment for contravention of Sections 112-C and 112-D, which are brought into play when encroachments affect stormwater drains or public streets.3. General Penalty Clauses: Violations of the provisions regarding storms in sewers or obstruction of streets often attract a fine as per the general penal clauses of the Act.The Commission may also compound the proposed penalty under Section 274 (linked contextually) for offences against Section 273, allowing for a settlement rather than immediate prosecution.
The Municipal Commissioner, when authorized by the Corporation in this behalf, may at any time -
(a) lay out and make a new public street;
(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the
Corporation, and may further agree that such street shall, on completion become a public street and vest in the Corporation;
(c) construct tunnels, bridges, causeways and other works subsidiary to the layout and making of a new public street;
(d) divert or turn an existing public street vested in the Corporation or a portion thereof.
(1) The Corporation shall from time to time specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
(2) The width of a new public street made under Section 274 shall not be less than that prescribed under sub-section (1) for the class to which it belongs, and no steps and, except with the written permission of the Municipal Commissioner under Section 293 no other projections shall project over or extend into any such street.
(3) The Municipal Commissioner may, with the approval of the Executive Committee, by written notice require the owner or occupier of any premises to remove or to take such order as he may direct w
The Municipal Commissioner when authorized by the Corporation in this behalf, may agree with any person -
(a) to adopt and maintain any existing or projected subway, bridge, viaduct or arch, and the approaches, thereto, and may accordingly adopt and maintain such subway, bridge, viaduct or arch and approaches as parts of public streets, or as property vested in the Corporation, or
(b) for the construction or alteration of any such subway, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation.
(1) It shall be lawful for the Municipal Commissioner with the sanction of the Corporation to
(a) prohibit vehicular traffic in any particular public street vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;
(b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight, or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadways, number of lights and as
(1) The Municipal Commissioner may, subject to the provisions of this Act and the rules -
(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land;
(b) acquire in addition to the said land and the buildings, if any, standing thereon, all such land with the buildings, if any standing thereon, as it shall seem expedient in the public interest to acquire outside of the regular line, or of the intended regular line, of such streets;
(c) lease, sell or otherwise dispose of any land or building acquired under clause (b).
(2) The acquisition of land for provid
(1) The Municipal Commissioner may prescribe a line on one or both sides of any public street:
Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a line prescribed under this Act until a fresh line is prescribed by the Municipal Commissioner under this section:
Provided further that whenever it is proposed to prescribe a fresh line in substitution for any existing line or for any part thereof, previous approval of the Executive Committee shall be had.
(2) The line for the time being prescribed shall be called the regular line of the street.
(3) A register with plans attached shall be kept by the Mu
(1) If any building or any part of a building abutting on a public street is within the regular line of the street, the Municipal Commissioner may, whenever it is proposed -
(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or
(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street, require such building to be set back to the regular line of the street.
(2) When any building or any part thereof within the regular line of the street falls down or is burnt down or is taken down whether under the provisions of this Act or otherwise, the Municipal Commissioner may at once take possession
(l) Where any building or any part thereof is within the regular line of a public street and if, in the opinion of the Municipal Commissioner, it is necessary to set back the building to the regular line of the street he may, if the provisions of Section 280 do not apply, by written notice require the owner of such building to show cause within a period to be specified, why such building or any part thereof which is within the regular line of the street be not pulled down and the land within the said line acquired by the Municipal Commissioner. .
(2) If in pursuance of the notice under sub-section (1) the owner fails to show sufficient cause to the satisfaction of the Municipal Commissioner, the Municipal Commissioner may, with the approval of the Executive Committee, require the owner by a written notice to pull down the building or the part thereof which is within the regular li
If any land not vesting in the Corporation whether open or closed, lies within the regular line of a public street and if not occupied, by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge, or fence or other such structure, is within the regular line of such street, the Municipal Commissioner may, after giving to the owner of the land or building not less than fourteen clear days, written notice of his intention to do so, as after hearing any objection which may be filed during this time take possession on behalf of the Corporation of the said land within its enclosing wall, hedge or fence, if any, or of the said platform, verandah. step or other such structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesa
(1) If a building or land is partly within the regular line of a public street and if the Municipal Commissioner is satisfied that the land remaining after the exclusion of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.
(2) Such surplus land may thereafter be utilized for the purpose of setting forward of buildings under Section 284.
(1) If any building which abuts on a public street is in rear of the regular line of such street, the Municipal Commissioner may, whenever it is proposed -
(a) to rebuild such building, or
(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet,
(c) in any order which he issues concerning the rebuilding, alteration or repair of such building, permit or with the approval of the Executive Committee, require such building to be set forward to the regular line of the street.
(2) For the purpose of this sectio
(1) Compensation shall be paid by the Municipal Commissioner to the owner of any building or land required for a public street under Sections 280, 281, 282 or 283 or for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Municipal Commissioner:
Provided that -
(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;
(ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Mun
If the owner of any land utilizes, sells, leases or otherwise disposes of such land or any portion or portions of the same as site for the construction of buildings, he shall save in such cases as the site or sites may abut on an existing public or private street, lay down and make a street or streets or road or roads giving access to the site or sites and connecting with an existing public or private street.
(1) Every person who intends -
(a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon;
(b) to divide land (whether unbuilt or partly built) into building plots; or
(c) to use any land or a portion thereof or permit the same to be used for building purposes; or
(d) to make or layout a private street, whether it is intended to allow the public a right of passage or access over such street or not;
shall give written notice of his intention to the Municipal Commissioner in the manner laid down in the rules and bye-laws.
(2) The Municipal Commissioner shall proceed with the notice
Legal Comments
Introduction - Section 287 deals with notice requirements related to laying out lands for building and private streets under the Uttar Pradesh Municipal Corporation Act, 1959.
Section at a Glance - Section 287 begins with an obligation for intended actions concerning sale or lease of land subject to covenants about erecting buildings, and requires notices or compliance with laid down procedures.
Primary Objective - To regulate sale/lease of land for building and private streets within municipal areas by ensuring covenant adherence and proper notice.
Essential Ingredient 1 - Intent to sell or let on lease any land subject to covenants to erect buildings as prescribed.
Essential Ingredient 2 - Covenant or agreement by purchaser/lessee to erect buildings in conformity with statutory requirements.
Essential Ingredient 3 - Notice mechanism or laying out of lands for building and private streets as per the section.
Essential Ingredient 4 - The section delineates the scope to land dealings connected to building covenants and street layout.
Scope - Applies to land transactions (sale/lease) conditioned by building-related covenants and the laying out of lands for private streets within the corporation’s jurisdiction.
Non-Applicability - The section does not apply to certain acquisitions under other chapters or unrelated to laying out for building/private streets (implied from section’s focused scope).
Related Provisions (Context) - Section 287 is cited alongside notices of laying out lands for building and private streets in the UP Municipal Corporation Act, 1959.
Form of Notice - The section prescribes a notice-oriented approach to laying out lands for building and private streets.
Consequence of Non-Compliance - The references suggest that failure to comply with notice and covenant requirements would have repercussions, though specific penalties are not detailed in the provided sources.
Interaction with Covenants - Emphasizes purchaser/lessee covenants to comply with building erection obligations as a condition for land sale/lease.
Public Street Layout - Focuses on laying out private streets as part of land development under the Act.
Legislative History (Inline References) - Section 287 is consistently described in multiple sources as relating to notice of laying out lands for building and private streets.
Cross-Referencing - Other sections (e.g., 134, 136) appear in the Act's broader context, though not directly detailing Section 287 specifics in the provided extracts.
Enforcement Tone - The material implies administrative/compliance-oriented enforcement through notice provisions, rather than direct penal provisions within Section 287 itself.
Practical Implication for Developers - Any person intending to sell/lease land for building must ensure covenants and comply with notice requirements to validly effect transactions under the Act.
Public Interest Aspect - The section aligns land transactions with orderly urban planning by tying building covenants to land layout for private streets within municipal areas.
Limitations of Sources - The provided references are limited and do not furnish explicit penalties or detailed procedural steps for Section 287; no direct penalties are cited.
Related Administrative Bodies - The Municipal Commissioner and Corporation are involved in approving or facilitating notices and layouts under the Act, as indicated in related extracts.
Drafting Note - The language emphasizes intent, covenants, and notice, suggesting a procedural framework rather than a substantive penal regime for Section 287.
Summary Takeaway - Section 287 anchors the process of laying out lands for building and private streets through notices tied to covenants on erection of buildings, shaping land transactions within Uttar Pradesh Municipal Corporation Act, 1959.
Source Snapshot - Notice of laying out lands for building and for private streets; Section 287; related commentary across multiple UP Municipal Corporation Act sources.
(1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed for building or divide any such land into building plots, or make or lay out any private street -
(a) without complying with the provisions of Section 286;
(b) unless such person has given previous written notice of his intention as provided in Section 287 nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under subsection (2) of Section 287;
(c) after the expiration of the period of one year specified in sub-section (3) of Section 287:
Provided that if a person who is entitled to proceed with any work under sub-section (3) o
(1) If any private street or any other means of access to a building be not levelled, metalled, flagged or paved, sewered, drained, channelled, lighted, or provided with trees for shade to the satisfaction of the Municipal Commissioner, he may, with the sanction of the Executive Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section to carry out any one or more of the aforesaid requirements in such manner as he shall direct.
(2) If the requirement or requirements is or are not carried out within the time and in the manner specified in the notice, the Municipal Commissioner may, if he thinks fit, carry out the same and the expenses incurred
(l) When any private street has been levelled, metalled, flagged or paved, sewered, drained, channelled and made good to the satisfaction of the Municipal Commissioner he may and, upon the request of the owners or of any of the owners of such street, shall, if lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same shall become a public street and vest in the Corporation as such:
Provided that no such street shall become a public street, if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall by notice in writing to the Municipal Commissioner, object thereto.
(2) The Municipal Commissioner may, by public notice i
If a portion only of any street is a public street, the other portion of such street may for all purposes of Sections 289 and 290 be deemed to be a private street.
(1) Except as provided in Section 293, no person shall erect, set up, add to, or place against or in front of any premises any structure or fixture, which will -
(a) overhang, jut or project into, or in any way encroach upon or obstruct in any way the safe or convenient passage of the public along, any street, or
(b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.
(2) The Municipal Commissioner may, by written notice, require the owner or occupier of any premises to remove or to take such other order as he may direct with any structure or fixture which has been erected, set up, added to or placed against, or in front of, the sai
(1) The Municipal Commissioner may give a written permission, on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street -
(a) to erect an arcade over such street or any portion thereof, or
(b) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning or other such structure or thing projecting from any storey over or across any street or portion thereof:
Provided that no permission shall be given by the Municipal Commissioner for the erection of an arcade in any public street in which the construction of arcade has not been generally sanctioned by the Corporation or where the width of the street between kerbs is less than sixty feet.
(2) The provisions
(1) No door, gate, bar or ground floor window shall without a licence from the Municipal Commissioner, be hung, or placed so as to open outwards upon any street.
(2) The Municipal Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards of a street or upon any land required for the improvement of a street, in such manner as, in the opinion of the Municipal Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
(1) No person shall, except with the permission of the Municipal Commissioner under Section 293 or 300 erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy, any portion of such street, channel, drain, well or tank:
Provided that nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of sub-section (l) of Section 302 applies.
(2) No person shall except with the written permission of the Municipal Commissioner -
(a) Place or deposit upon any street, or upon any ope
The Municipal Commissioner may, without notice, cause to be removed -
(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature or any fixture which shall be erected, or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day;
(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act;
(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing i
The Municipal Commissioner 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.
When a private house, wall or other erection or anything fixed thereto or a tree shall fall down and obstruct a public drain or encumber a street, the Municipal Commissioner 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 XXI, or may, by notice, require the owner to remove the same within a time to be specified in the notice.
(1) The Municipal Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture which it would be unlawful to erect or set up under this Act, has been erected or set up before the appointed day, to remove the said wall, fence, rail, post, step, stall or other structure or thing.
(2) If the owner or occupier of the premises proves that any such projection, encroachment or obstruction has existed for a period sufficient under the law of limitation to give him a prescriptive title (or where such period is less than thirty years a period of thirty years), or that it was erected with the consent of any Corporation authority duly empowered in that behalf, and that the period, if any, for which the consent is valid has not expired, the Cor
With the concurrence of the District Magistrate or such other officer as the District Magistrate may nominate in this behalf from time to time the Municipal Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.
Provisions concerning execution of works in or near to streets
Whenever there is any work in execution in or near to any street on behalf of the Corporation the Municipal Commissioner shall take such steps in regard to safety and convenience as he may be required to take under the rules. Whilst any such work as aforesaid or any work which may lawfully be executed in a street is in progress the Municipal Commissioner may in the manner laid down in rules close the street wholly or partly for traffic or for traffic of any such description as he may deem fit.
(1) No person other than the Municipal
Commissioner or a Corporation officer or servant as such shall, without the written permission of the Municipal Commissioner or without other lawful authority -
(a) open, break up, displace, take up or make any alteration, in or cause any injury to, the soil or pavement, or any wall, fence, post, chain or other material or thing forming part of any street or in any open space vested in the Corporation;
(b) deposit any building materials in any street or open space vested in the Corporation;
(c) set up in any street or open space vested in the Corporation any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the
(1) Every person to whom any permission is granted under Section 302 shall, at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold, erection or other thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night.
(2) Every person to whom permission is granted under Section 302 to open or break up the soil or pavement of any street, or who, under other lawful authority, opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay to the satisfaction of the Municipal Com
(1) The Municipal Commissioner may, with the approval of the Executive Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
(2) Compensation shall be paid by the Municipal Commissioner for the loss or damage caused by the issue of an order under sub-section (1).
(3) In determining such compensation, allowance shall be made for any
(1) No person shall, without the written permission of the Municipal Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. Such written permission shall be granted, or renewed, for any period not exceeding two years from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if -
(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the Municipal Commissioner;
(b) any change is made in the sky-sign or any part thereof;
(c) the sky-sign or any part thereof fall either through accident, decay or any other cause;
(d) any addition or alteration is made, to or in, th
(1) The Municipal Commissioner may, by notice in writing, require the owner or the person in occupation of any land, building, wall, hoarding or structure to take down or remove within such period as is specified in the notice, any advertisement upon such land, building. wall, hoarding or structure.
(2) If the advertisement is not taken down or removed within such period, the Municipal Commissioner may cause it to be taken down or removed, and the expenses reasonably incurred on taking down or removal thereof shall be paid by such owner or person.
(3) The provisions of this section shall not apply to any advertisement which -
(a) is exhibited within the window of any building;
(b) relates to the trade or business carried on within the land or bui
(1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall in any case in which the footway, in any adjacent street will be thereby obstructed or rendered less convenient, commence doing so without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail if there be room enough for the same and the Municipal Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.
(2) No hoard or fence shall be so put up without the previous written permission of the Municipal Commissioner and every such hoard or fence, put up with such permission, with such platform and hand-rail as aforesaid, shall be continued standing and maintained in good condition, to the satisfaction of the Municipal Commissioner
(1) If any place is, in the opinion of the Municipal Commissioner, from want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon dangerous to passengers along a street, or to the neighbourhood thereof or if any such work, in the opinion of the Municipal Commissioner, affects the safety or convenience of such persons, he may by notice in writing require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Municipal Commissioner necessary in order to prevent danger therefrom or to ensure safety or convenience of such persons.
(2) The Municipal Commissioner may. before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place or to ensure safety or convenience at such work,
(1) No person who proposes to take down a building or a part thereof, shall commence doing so without providing in addition to such hoard or fence which he may be required to provide under Section 307, screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling of any debris, bricks, wood and other material.
(2) If any such work is commenced in contravention of sub-section (1) the Municipal Commissioner may cause it to be stopped forthwith and any person carrying it out to be removed from the premises by a police officer.
(1) The Municipal Commissioner shall -
(a) take measures for lighting in a suitable manner the public streets, Corporation gardens and open spaces and Corporation markets and all buildings vesting in the Corporation;
(b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and
(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.
(2) The Municipal Commissioner may place and maintain electric wires for the purpose of lighting such lamps under, over, along or across, and posts, poles, standards, stays, struts, brackets, and other contrivances for carrying, suspending or supporting lamps o
The Municipal Commissioner may -
(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit;
(b) procure and maintain such vehicles, animals and apparatus as he shall think fit for the said purpose.
(1) No person shall, without lawful authority, take away, or wilfully break, throw down or damage -
(a) any lamp, lamp-post or lamps-iron set up in any public street or in any Corporation garden, open space or market or building vesting in the Corporation;
(b) any electric wire for lighting any such lamps;
(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;
(d) any property of the Corporation on any street;
and no person shall wilfully extinguish the light or damage any appurtenance of any such lamp.
(2) If any person shall, through negligence or accident or otherwis
The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the City.
(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing powers such rules may provide for -
(a) manner in which the Corporation shall sanction the closing of any public street and the disposal of the site of such street under Section 273;
(b) manner in which the sanction of the Executive Committee to prescribe a fresh street line in place of any existing line shall be given under Section 279;
(c) manner in which a person shall give notice of his intention to sell, let, etc. land for building purposes or to lay out a private street under Section 287 and the procedure to be adopted by the Municipal Commissioner in dealing with such noti
In this Chapter the expression "to erect building" shall include -
(a) subject as may be prescribed by rules the re-erection of a substantial portion of any existing building,
(b) the conversion into a dwelling house of any building or part of a building not originally intended or already used for human habitation,
(c) the conversion by any structural alteration of a single tenement or two or more tenements in a building into a greater or lesser number of dwelling houses so as to affect its drainage or sanitary arrangement or its stability,
(d) the conversion by any structural alteration of any building into a place of religious worship or into a sacred building not originally meant or constructed for such purpose,
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Every person intending to erect a building shall give to the Municipal Commissioner a notice in writing of his intention to do so in such form and manner and containing such particulars as may be prescribed by bye-laws.
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50. Operation of Section 316 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.
Every person intending -
(a) to make any addition to a building,
(b) to make any alteration or repairs to a building, not being a frame building, involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,
(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts or beams in any such wall thereof as aforesaid, or involving the removal or re-erection of any such wall thereof as aforesaid, to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,
(d)
Any plan, section, description, structural drawings or structural calculations and any notice not fulfilling the conditions prescribed therefor or in respect of which the further particulars or details are not supplied to the Municipal Commissioner within such period as may be fixed by him, shall not be treated as sufficient and valid for the purposes of this Act.
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52. Operation of Section 318 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.
Within thirty days after the receipt of any application made under Section 316 or Section 317 or of any information or of documents or further information or documents required under rules or bye-laws the Municipal Commissioner shall by written order either grant such permission or refuse on one or more of the grounds mentioned in Section 321 or Section 322 to grant it.
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53. Operation of Section 319 and certain other provisions of this Adhiniyam shall, in respect of a development area, remain suspended under Section 59 of President's Act 11 of 1973 as re-enacted by U.P. Act 30 of 1974.
(1) If, within the period laid down in Section 318 or Section 319, as the case may be, the Municipal Commissioner has neither given nor refused his permission to erect building or to execute work referred to in Section 317 as may have been applied for, the Executive Committee shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.
(2) If the Executive Committee does not, within one month from the receipt of such written request, determine whether such permission should be given or not, such permission shall be deemed to have been given and the applicant may proceed to execute the work, but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.
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(1) The only grounds on which permission to erect a building or to execute any work referred to in Section 317 may be refused, are the following, namely:
(a) that the work or the use of the site for the work or any of the particulars comprised in the site-plan, ground-plan, elevations, sections, or specifications would contravene some specified provision of any law or some specified order, rule, declaration or bye-law made under any law;
(b) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws or is not signed as required under rules or bye-laws;
(c) that any information or documents required by the Municipal Commissioner under the rules or bye-laws has or have not been duly furnished;
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Notwithstanding anything contained in Section 321 if any street shown in the site-plan is an intended private street the Municipal Commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.
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56. See foot note 55 on p. 157
Notwithstanding anything contained in this Act or any rule or 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 the Municipal Commissioner or the Executive Committee, 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 as a college, 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 inmates; or
(b) in any thickly populated resid
Every person intending to erect a new building or to execute any work referred to in Section 317 shall erect the building or execute the work in such manner, under such supervision, through such qualified agency and subject to such conditions and restrictions as may be provided therefore by the bye-laws.
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58. See foot note 55 on p. 157
The Municipal Commissioner or any officer or servant of the Corporation authorized in this behalf may, at any time during the erection of the building or the execution of any work referred to in Section 317, or within three months of the completion of such building or work, make an inspection thereof and if he has reasonable ground to suspect that in the erection of any such building or in the execution of any such work anything has been done contrary to any provisions of this Act or of any rule or bye-law framed thereunder, he may after 15 days' prior notice in writing to the person erecting such building or executing such work, cut into or lay open or pull down such portion, if any, of the building as prevents the discovery of facts sufficient to confirm or dispel the suspicion:
Provided that the person whose building or construction has been cut into or laid open shall be paid
Where the Municipal Commissioner at any time during the erection of the building or the execution of such work as aforesaid or at any time within three months after the completion thereof, whether as a result of his inspection or otherwise comes to know of any matter in respect of which the erection of such building or the execution of such work is in contravention of any provision of this Act or of any rule or bye-law framed thereunder, he may require the owner erecting or executing or who has erected or executed the said building or work, to cause, anything done contrary to any such provision, rule or bye-law, to be amended or to do anything which, by any such provision, rule or bye-law, may be required to be done but which has been omitted to be done.
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60. See foot note 55 on p. 157
(1) If the erection of any building or the execution of any such work as is referred to in Section 317 is commenced or carried out contrary to the provisions of the rules or bye-laws, the Municipal Commissioner, unless he deems it necessary to take proceedings in respect of such building or work under Section 328 shall -
(a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorized by him in that behalf and addressed to the Municipal Commissioner, to show sufficient cause, why such building or work shall not be removed, altered or pulled down, or
(b) require the said person on such day and at such time and place as shall
If at any time after permission to proceed with any building or work has been given under this Act, the Municipal Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under Section 316 or 317, or further information, if any, furnished, he may cancel such permission and any work done thereunder shall be deemed to have been done without his permission.
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62. See foot note 55 on p. 157
(1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work as is referred to in Section 317, deliver or send or cause to be delivered or sent to the Municipal Commissioner at his office, notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner so prescribed, and shall give to the Municipal Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used the building or part thereof affected by any work, until -
(a) permission has been received from the Municipal Commissioner in this behalf, or
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(1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to prevent its becoming dangerous.
(2) The Municipal Commissioner may by written notice require the owner of any building to get the building inspected at such intervals and in such manner as may be prescribed in the bye-laws.
(3) The owner shall within two months of the inspection under sub-section (2) undertake such repairs as the inspection shall show to be necessary for the purpose of securing the stability of structure within the meaning of Section 331, after complying with all the provisions of this Act and the rules and bye-laws in regard to such repairs and shall, on completion of such repairs, submit to the Municipal Commissioner a certificate signed by the person who made the inspection,
(l) If it shall at any time appear to the Municipal Commissioner that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railing, door or window frames or shutters or roof, or other structure and anything affixed to or projecting from or resting on, any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, the Municipal Commissioner may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair, such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.
(2) The Municipal Commissioner may also, if he thinks fit, require the said owner or occupier by the said
If it shall at any time appear to the Municipal Commissioner that any opening in any part of a building is so situated as to constitute a danger to human life, he may, by written notice, require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.
(1) If the Municipal Commissioner is satisfied that the erection of any building or the execution of any such work as is referred to in Section 317 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person directing or carrying on such erection or execution to stop the same forthwith.
(2) If such erection or execution is not stopped forthwith the Municipal Commissioner may direct that any person directing or carrying on such erection or execution shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission.
(3) The cost of any measures taken under sub-section (2) shall be paid by the said person.
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(1) Notwithstanding the provisions of any other law to the contrary, the Municipal Commissioner may, by notice in writing specifying the grounds therefor, order any building or any portion thereof to be vacated forthwith or within such time as may be specified in the notice
(a) if such building or portion thereof has been unlawfully occupied in contravention of Section 329;
(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing, and the works specified in such notice have not been commenced or completed;
(c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of Section 331.
(2) The affixing o
(1) The Municipal Commissioner may give public notice of his intention to declare subject to any valid objection that may be preferred within a period of three months:
(a) that in any streets or portions of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;
(b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;
(c) that the minimum size of building plots in particular loc
The Municipal Commissioner shall have power to take such action against the persons contravening the provisions of Section 335 as may be prescribed by bye-laws or rules.
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67. See foot note 55 on p. 157
If it appears to the Municipal Commissioner that any building or structure has been abandoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the Municipal Commissioner may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of the Corporation, or to any person who is known or believed to claim to be the owner, if such person is resident within the limits of the Corporation, and shall also affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the Municipal Commissioner, be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities in the neighbourhood.
(1) If any building so situated as to be inaccessible to a fire-engine or as to cause obstruction to a fire-engine from reaching other buildings is demolished or destroyed by fire or otherwise, the Municipal Commissioner may by a notice in writing addressed to the owner of the building demolished or destroyed as aforesaid direct that no building shall be erected which would be inaccessible to a fire-engine or which would cause obstruction to a fire-engine from reaching other buildings.
(2) No person shall erect or re-erect any building in contravention of a notice, vide sub-section (1).
If it appears to the Municipal Commissioner that any stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises in such quantity or bulk or in such a way as to constitute a harborage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof the Municipal Commissioner may by a written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, within a reasonable time to be specified in the notice, to remove or dispose of the same or to take such order with the same as may, in the opinion of the Municipal Commissioner, be necessary or expedient to abate the nuisance or prevent a recurrence thereof.
(1) The owner of a building shall, within a period of seven days of the receipt of a written notice from the Municipal Commissioner, supply such information with respect to such building or its occupants as the Corporation may prescribe.
(2) The occupier of a building occupied as a separate tenement shall on like notice and within the like period supply such information as may be prescribed with respect to such building as aforesaid which is in his occupation.
The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter and of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the City.
(1) The State Government may make rules to carry out the provisions of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the manner of giving permission to the erection of buildings;
(b) the manner of effecting repairs in and pulling down, securing and removing of dangerous buildings and recovery of expenses of such repairs, pulling down, securing or removal;
(c) the restrictions under which alterations may be made in the use of buildings;
(d) the inspection of newly constructed buildings;
(e) the conditions on which loans may be granted out of the Corporation Fund for building and the form of app
For the purposes of effecting improvement in the City, an improvement scheme may be of one of the following types, or may combine any two or more of such types or special features thereof, that is to say -
(a) a Samanya Vikas Yojana (General Improvement Scheme);
(b) a Basti Sudhar Yojana (Slum Clearance and Re-building Scheme);
(c) a Grih Punarnirman Yojana (Re-housing Scheme)
(d) a Sarak Yojana (Street Scheme);
(e) a Bhavi Sarak Yojana (Deferred Street Scheme);
(f) a Grih Sthan Yojana (Housing Accommodation Scheme); and
(g) a Nagar Prasar Yojana (City Expansion Scheme).
Whenever it appears to the Development Committee -
(a) that any buildings in any area which are used or are intended or likely to be used as dwelling places are unfit for human habitation; or
(b) that danger to the health of the inhabitants of buildings in any area or in any neighbouring buildings is caused by-
(i) the narrowness, closeness or bad arrangement and condition of streets or buildings or groups of buildings in such area, or
(ii) the want of light, air, ventilation or proper conveniences in such area, or
(iii) any other sanitary defects in such area, the Development Committee may pass a resolution to the effect that such an area is an insanitary area, and that a Samanya Vikas Yojana (General
(1) When it appears to the Development Committee that any area is an insanitary area within the meaning of the preceding section and that, regard being had to the comparative value of the buildings in such area and of the sites on which they are erected, the most satisfactory method of dealing with the area or any part thereof is clearance of the insanitary area of existing buildings and erecting new buildings, it may by resolution direct that a Basti Sudhar Yojana (Slum Clearance and Rebuilding Scheme) in accordance with the provisions of this Section be framed.
(2) A Basti Sudhar Yojana (Slum Clearance and Re-building Scheme) may provide for -
(a) the reservation of streets, back lanes and open spaces and the enlargement of existing streets, back lanes and open spaces to such an extent as may be necessary for the purposes of the schem
The Development Committee when it resolves that an improvement scheme which is likely to displace persons be framed, shall also by resolution, require the Municipal Commissioner to frame a scheme (herein called Housing Scheme) for construction, maintenance and re-management of such and so many dwellings and shops as it may consider ought to be provided for persons who
(a) are displaced by the execution of any improvement scheme sanctioned under this Act, or
(b) are likely to be displaced by the execution of any improvement scheme which it is intended to frame, or to submit to the State Government for sanction under this Act:
Provided that the State Government may for reasons to be recorded in writing exempt a Development Committee from the liability under this section.
(1) Whenever the Development Committee is of the opinion that, for the purpose of -
(a) providing buildings sites, or
(b) remedying defective ventilation, or
(c) creating new or improving existing means of communication and facilities for traffic, or
(d) affording better facilities for conservancy, it is expedient
to layout new streets or alter existing streets (including bridges, causeways and culverts) and that this object cannot be achieved by taking action under Chapter XII, the Development Committee may by resolution require the Municipal Commissioner to frame a scheme to be called a "Sarak Yojana" (Street Scheme).
(2) A Sarak Yojana (Street Scheme) m
(1) (a) Whenever the Development Committee is of opinion that it is expedient for any purpose mentioned in Section 347 to provide for the ultimate widening of any street by altering the existing alignment of such street to improve alignments to be prescribed by the Municipal Commissioner but that it is not expedient immediately to acquire all or any of the properties lying within the proposed improved alignments, the Development Committee, if satisfied of the sufficiency of the resources of the Corporation by a resolution require the Municipal Commissioner to make a scheme to be called a Bhavi Sarak Yojana (Deferred Street Scheme) prescribing an alignment on each side of such street.
68[(aa) The said resolution shall specify the time-limit for the execution of the scheme, which may be extended by the Development Committee by resolution from time to time:
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Whenever the Development Committee is of opinion that it is expedient and for the public advantage to provide house accommodation for any class of the inhabitants of the City, 71[it may by resolution require the Municipal Commissioner] to frame a scheme to be called a "Grih Sthan Yojana" (Housing Accommodation Scheme) for the purpose aforesaid.
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71. Subs. by U.P. Act 24 of 1972.
(1) Whenever the Development Committee is of opinion that it is expedite and for the public advantage to control and provide for the future expansion of the City, 72[it may by resolution require] the Municipal Commissioner to frame a scheme to be called "Nagar Prasar Yojana" the (City Expansion Scheme).
73[(1-A) The said resolution shall specify the time-limit for the execution of the schemes, which may be extended by the Development Committee by resolution from time to time:
Provided that in the case of a scheme notified before the commencement of the Uttar Pradesh Nagar Mahapalika (Amendment) Act, 1972, such time-limit, if not already specified shall be specified by a fresh resolution of the Development Committee not later than one year after the commencement of the said Act:
Provided fur
(1) Whenever an improvement scheme is required to be framed under any of the preceding sections, it shall be the duty of the Municipal Commissioner to prepare a draft scheme and to lay it for consideration before the Development Committee.
(2) With the previous approval of the Development Committee, the Municipal Commissioner may, for the purpose of making an improvement scheme, cause surveys to be made in areas either inside or outside the limits of the area or areas comprised in the scheme to be made.
Any number of areas in respect of which improvement schemes have been or are proposed to be framed, may at any time be included in one combined scheme.
(1) An improvement scheme may provide for all or any of the following matters as the nature of the scheme may demand:
(a) The acquisition by purchase, exchange, or otherwise of any property necessary for or affected by the execution of the scheme.
(b) The re-laying out of any land comprised in the scheme.
(c) The re-distribution of sites belonging to owners of property comprised in the scheme.
(d) The closure or demolition of dwellings or portions of dwellings unfit for human habitation.
(e) The demolition of obstructive buildings or portions of buildings.
(f) The construction and re-construction of buildings.
An improvement scheme mentioned in clause (a) or (b) or (g) of Section 343 may include within it in whole or in part any such area lying within two miles outside the limits of the City as the State Government may by notification in the official Gazette specify and such area shall, for the purposes of this Chapter, be deemed to be area lying within the City.
When framing an Improvement Scheme in respect of any area, regard shall be had to
(a) the nature and the conditions of neighbouring areas and of the City as a whole;
(b) the several directions in which the expansion of the City appears likely to take place; and
(c) the likelihood of improvement schemes being required for other parts of the City.
(l) The Development Committee shall consider the scheme placed before it by the Municipal Commissioner and accept it with or without modification or require the Municipal Commissioner to make alterations in it and to re-submit it for consideration.
(2) The Development Committee shall record in writing its acceptance of the scheme and direct that the scheme be notified.
(1) Upon the approval of the draft improvement scheme by the Development Committee the Municipal Commissioner shall prepare a notice stating -
(a) the fact that the scheme has been framed,
(b) the boundaries of the area comprised in the scheme, and
(c) the place at which particulars of the scheme, a map of the area comprised in the scheme and a statement of the land which it is proposed to acquire may be seen.
(2) The Municipal Commissioner shall cause the said notice to be published for three consecutive weeks in the official Gazette and the Bulletin of the Corporation, if any, and also in one or more local newspaper or newspapers as the Municipal Commissioner thinks fit, with a statement of the period within which objections will be received. A
(1) During the thirty days next following the first day on which any notice is published under Section 357 in respect of any improvement scheme, the Municipal Commissioner shall serve a notice on
(a) every person whose name appears in the Corporation assessment list as being primarily liable to pay any tax assessed upon the annual value of any building or land which it is proposed to acquire in executing the scheme, and
(b) the occupier (who need not be named) of each premises, entered in the Corporation assessment list which the Corporation proposes to acquire in executing the scheme.
(2) Such notice shall -
(a) state that the Corporation proposes to acquire such land for the proposes of carrying out an improvement scheme, and
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After the expiry of the periods respectively prescribed under Sections 357 and 358 in respect of any improvement scheme, the Development Committee shall consider any objection or representation received thereunder and after hearing all persons making any such objection or representation who may desire to be heard, and after inserting in the scheme such modifications, if any, as it thinks fit, submit to the Corporation the scheme together with any objection or representation with its recommendation either that the scheme be abandoned or sanctioned.
(1) The Corporation shall on receipt of scheme from the Development Committee proceed to take such scheme into consideration together with any objection or representation received or made under Sections 357 and 358 and the recommendation of the Development Committee under Section 359 and shall either abandon the scheme or sanction the scheme with such modifications, if any, as it may consider necessary:
Provided that in the case of a scheme of the estimated cost of over Rs. 10,000,00 the sanction of the State Government shall also be obtained.
(2) Every scheme submitted to the State Government under proviso to sub section (1) shall contain the following:
(a) a description of, and full particulars relating to, the scheme, and complete plans and estimates of the cost of executing the scheme;
(1) The State Government may sanction either with or without modification, or may refuse to sanction, or may return for reconsideration, any improvement scheme submitted to it under Section 360.
(2) If a scheme returned for reconsideration under sub-section (1) is modified by the Corporation, it shall be re-published in accordance with Section 357 -
(a) in every case in which the modification affects the boundaries of the area comprised in the scheme, or involves the acquisition of any land not previously proposed to be acquired, and
(b) in every other case, unless the modification is, in the opinion of the State Government, not of sufficient importance to require republication.
The provisions of Section 357 shall apply mutatis mutandis to any scheme that the Corporation on its own authority is entitled to sanction, if after the consideration of objections and representations under Section 360 any modification in the original scheme is made which gives rise to the conditions mentioned in sub-section (2) of Section 361.
Whenever a scheme is sanctioned whether by the Corporation on its own authority or with the sanction of the State Government under the proviso to sub-section (1) of Section 360, the fact shall be announced by notification in the official Gazette and it shall be incumbent on the Corporation, when it sanctions the scheme under its own authority, immediately to inform the State Government and to submit for the information of the State Government the details required by sub-section (2) of Section 360.
At any time after an improvement scheme has been sanctioned by the State Government or by the Corporation on its own authority and before it has been completed, the Corporation may alter it:
Provided that -
(a) in the case of a scheme sanctioned by the State Government if any alteration is estimated to increase the estimated net cost of executing the scheme by more than rupees one lac, such alteration, shall not be made without the previous sanction of the State Government,
(b) in the case of a scheme sanctioned by the Corporation on its own authority the alteration shall be sent to the State Government for information,
(c) if any alteration involves the acquisition, otherwise than by agreement, of any land the acquisition of which has not been s
(1) Upon the sanction of an improvement scheme [under this Chapter]75 the Municipal Commissioner may enter into an agreement with any person for the purchase, leasing or exchange by the Corporation from such person of any land which the Corporation is authorized to acquire for an improvement scheme or any interest in such land.
(2) The Corporation may for the purposes of an improvement scheme sanctioned [under this Chapter]76 acquire land or interest in land under the provisions of the Land Acquisition Act, 1894, as modified by the provisions of this Chapter.
(3) The Municipal Commissioner may for the purposes of an improvement scheme exercise any of the powers conferred upon him under sub-section (2) of Section 273 and Section 290.
(4) All acquisition of land and interest in land for an im
When a notice has been published under Section 357 in respect of a slum clearance and re-building scheme, no person shall erect, re-erect, add to or alter any building or otherwise develop any land comprised in the insanitary and re-building area except in accordance with the rebuilding plan for the area covered by the scheme and subject to such restrictions and conditions as the Municipal Commissioner may think fit to impose:
Provided that an owner who is aggrieved by a restriction or condition so imposed on the use of his land, or by a subsequent refusal of the Municipal Commissioner to cancel or modify any such restriction or condition, may within thirty days appeal to the Judge. The Judge shall make such order in the matter as he thinks proper, and the decision of the Judge shall be final.
The Municipal Commissioner with the sanction of the Development Committee may at any time after the notification of sanction has been published under Section 363 require the occupiers of any building or buildings comprised in the insanitary area to be vacated for purposes of demolition within three months of the notice; and require the owner or owners of such building or buildings to demolish the same within a further period of one month and if the building is not demolished before the expiration of that period the Municipal Commissioner shall take measures to demolish the building}or buildings at the risk and cost of the owner, sell materials thereof and clear the site:
Provided that the vacation and demolition of buildings may proceed simultaneously.
The Corporation may at any time with the prior approval of, and in accordance with such conditions as may be imposed by the State Government, abandon any scheme notified under Section 42 of the U.P. Town Improvement Act, 1919, Section 60 of the Cawnpore Urban Area Development Act, 1945 or Section 363 of this Act, and upon such abandonment, any land in respect of which the acquisition is not complete up to the stage of making of award, and the owner and occupier of such land, shall cease to be subject to any liabilities under this Chapter.]
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79. Ins. by U.P. Act 21 of 1964.
Subject to the rules made under this Act the Corporation may retain, lease, sell, exchange or otherwise dispose of any land vested in or acquired by it under this Chapter:
Provided that in leasing, selling, exchanging or otherwise disposing of land acquired for any scheme under this Chapter preference to such extent and in such manner as may be prescribed shall be given to the persons whose land was acquired for such schemes.
The Municipal Commissioner may cause a survey of any land to be made whenever it considers that a survey is necessary for carrying out any of the purposes of this Chapter.
(1) The Municipal Commissioner may, subject to the provisions of Section 562 with or without assistants or workmen, enter into or upon any land, in order -
(a) to make any inspection, survey, measurement, valuation or inquiry.
(b) to take levels,
(c) to dig or bore into the sub-soil,
(d) to set out boundaries and intended lines of work,
(e) to mark such levels, boundaries and lines by marks and cutting trenches, or
(f) to do any other thing, a
whenever it is necessary to do so for any of the purposes of this Chapter, any rule or bye-law made, or scheme sanctioned under this Chapter.
&
(1) A Tribunal shall be constituted for the City by the State Government with the powers and duties specified hereinafter.
(2) The Tribunal constituted under Section 57 of the United Provinces Town Improvement Act, 1919, or the Cawnpore Urban Area Development Act, 1945, as the case may be, shall from the appointed day be dissolved.
(3) All suits and proceedings pending before the Tribunal constituted under the United Provinces Town Improvement Act, 1919, or the Cawnpore Urban Area Development Act, 1945, as the case may be, shall be tried and proceeded with by the Tribunal constituted under sub-section (1) as if they had been filed before such Tribunal and the provisions of this Act and any rules made thereunder shall apply to all such suits and proceedings.
The Tribunal shall perform the functions of the Court with reference to all acquisition of land for the Corporation for the purposes of this Act under the Land Acquisition Act, 1894:
Provided that no such claim shall be entertained by the Tribunal, unless the claimant has deposited in Court such sum not exceeding Rs. 7000, as the Tribunal may fix, as security, for the costs, which in the event of the claimant's failure may be awarded against him.
80[(2) * * *]
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80. Ins. by U.P. Act 30 of 1970 and repealed by U.P. Act 22 of 1972.
(1) The Tribunal shall consist of 81[a single member, to be referred to as its presiding officer.]
(2) 82[The said member] shall be a Civil Judicial Officer not below the rank of a District Judge.
83[* * *]
(3) 84[The said member] shall be appointed by the State Government.
85[(4) If for any reason a vacancy occurs in the office of the presiding officer of the Tribunal the State Government shall appoint another person in accordance with this section to fill the vacancy, and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled.
(5) Any proceeding pending before the Tribunal (consisting of a Chairman and two assessors) immediately before the commencement of
86[The presiding officer] of the Tribunal shall be paid from the Corporation such fixed remuneration, if any, as the State Government may prescribe.
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86. Subs. by U.P. Act 24 of 1972.
(1) 87[The Tribunal] shall from time to time prepare a statement showing
(a) the number and grades of the members of the staff necessary for the Tribunal,
(b) the salary to be paid to each member of the staff.
(2) The terms and conditions of service of the members of the staff of the
Tribunal shall be determined by 88[* * *] the State Government.
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87. Subs. by U.P. Act 24 of 1972.
88. Omitted by U.P. Act 24 of 1972.
For the purpose of the acquisition of land for the Corporation under the Land Acquisition Act, 1894-whether"under this Chapter or any other chapter of this Act
(a) the said Act shall be subject to the modifications specified in the Schedule to this Act;
(b) the award of the Tribunal shall be deemed to be the award of the Court under the Land Acquisition Act, 1894.
In so far as they are not inconsistent with the provisions of this Act the provisions of the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, shall apply to all proceedings before the Tribunal.
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89. Omitted by U.P. Act 24 of 1972.
Subject to the provisions of Section 381 the decision of the Tribunal shall be final, and shall not be questioned in any Court of law.
Every order made by the Tribunal for the payment of money shall be enforced, on application, by the Court of Small Causes of the City, as if it were a decree of that Court.
-(1) An appeal to the High Court shall lie from a decision of the Tribunal, if
(a) 90[the Tribunal] grants a certificate that the case is a fit one for appeal, or
(b) the High Court grants special leave to appeal, provided that the High Court shall not grant such special leave unless 91[the Tribunal] has refused to grant a certificate under clause (a)
(2) An appeal under sub-section (1) shall lie only on one or more of the following grounds, namely
(a) the decision being contrary to law or to some usage having the force of law;
(b) the decision having failed to determine some material issue of law or usage having the force of law;
(c) a substantial error
(1) If it appears to the Development Committee that it is expedient in the interest of amenity to make provision for the preservation of any trees or woodlands in the City it may authorize the Municipal Commissioner to make an order
(a) prohibiting, except with his permission, the cutting down, topping, lopping or wilful destruction of any tree or group of trees to be specified in the order;
(b) securing the replanting in such a manner as may be specified in the order of any part of a woodland of which trees have been felled in the course of forestry operations whether with or without the permission of the Municipal Commissioner.
(2) Any person aggrieved by an order of the Municipal Commissioner under sub-section (1) may appeal to the State Government within 30 days from the service of the
(1) A Corporation may, and if so required by the State Government shall, prepare in the manner and subject to the conditions prescribed by rules made in this behalf a Master Plan for the City.
Explanation. -In this section "Master Plan" means a comprehensive plan showing therein the existing and proposed location and general layout of -
(a) arterial streets and transportation lines;
(b) residential sections;
(c) business areas;
(d) industrial area;
(e) educational institutions;
(f) public parks, play-grounds and other recreational facilities;
(g) public and semi-pub
(1) A Corporation shall prepare every year a development plan for the City.
(2) The Plan referred to in sub-section (1) shall be prepared by the Development Committee of the Corporation in the manner prescribed by rules.
(3) The plan shall be laid before the Corporation which may approve it with or without modifications in such form as it may think fit, and the Municipal Commissioner shall submit it to the District Planning Committee referred to in Article 243-ZD of the Constitution by such date as may be prescribed by rules.]
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93. Ins. by U.P. Act 12 of 1994 (w.e.f. 30-05-1994)
The State Government may make rules to carry out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for -
(a) the conduct of the business of the Tribunal, not being rules repugnant to the Code of Civil Procedure;
(b) the manner of giving of public and personal notices in respect of improvement schemes;
(c) submission by Corporation to the State Government progress reports about improvement schemes;
(d) all matters relating to the preparation and revision of Master Plan for the City;
(e) regulation of changes in land uses.
For the purpose of securing the efficient scavenging and cleansing of all streets and premises the Municipal Commissioner shall -
(1) provide for the surface cleansing of all streets in the City and removal of the sweeping therefrom;
(2) provide or appoint in proper and convenient situations, public receptacles, depots and places for the temporary deposit of -
(a) dust, ashes, refuse and rubbish;
(b) trade refuse;
(c) carcasses of dead animals;
(d) excrementitious and polluted matters;
(3) provide for the removal of the contents of all receptacles and deposits and of the accumulations at all places provided or a
The Municipal Commissioner may, with the previous sanction of the Executive Committee by public notice to be given in the manner prescribed by rule, issue directions as to the time, manner and conditions etc., in and subject to which any matters specified in sub-section (2) of Section 385 may be removed along a street, deposited or otherwise disposed of.
(2) Without prejudice to the generality of the foregoing power, a direction issued under sub-section (1) may require that all matters specified in sub-section (2) of Section 385 collected by scavengers by private scavenging shall be deposited in the public receptacles, depots, and places provided or appointed under the said subsection.
(3) Where any direction has been issued under sub-section (1), no person shall remove along a street, deposit or otherwise dispose of any matters specified in sub section (2) of Section 385 in c
(l) The Municipal Commissioner may give public notice of his intention to provide in such portion of the City as he may specify, for the collection, removal and disposal by Corporation agency, of all excrementitious and polluted matter from privies, urinals, and cess-pools, and thereupon it shall be the duty of the Municipal Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in such portion of the City.
(2) In any such portion as is mentioned in sub-section (1) and in any premises, wherever situated, in which there is a water-closet or privy connected with a Corporation drain, it shall not be lawful, except with the written permission of the Municipal Commissioner, for any person who is not employed by or on behalf of the Municipal Commissioner to discharge any of the duties of scavengers.
(1) The Municipal Commissioner may make such special arrangements, as he considers adequate for maintaining sanitation in the vicinity of any temple, math, mosque, tomb or any place of religious worship or instruction or entertainment to which large numbers of persons resort on particular occasions or in any place which is used for holding fairs, festivals or other public gatherings.
(2) The Municipal Commissioner may require any person having control over any such place as aforesaid to pay to the Corporation such contribution towards the cost of the special measures taken under sub-section (1) as the Executive Committee may from time to time fix, and such person shall be bound to pay the same out of the funds relating to such place.
(1) The Municipal Commissioner may inspect any building or other premises for the purposes of ascertaining the sanitary condition thereof.
(2) If it shall appear to the Municipal Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building to cause the same or any portion thereof to be lime washed, disinfected or otherwise cleansed.
(1) If the Municipal Commissioner is of the opinion that any building or portion of a building intended for or used as a dwelling is unfit for human habitation, he may, with the previous approval of the Executive Committee and, unless there is in his opinion imminent danger to the occupier, after the owner or occupier of such building has been given an opportunity in the manner prescribed to show cause, by order in writing prohibit the use of such building or portion as a dwelling till such time as the same has been rendered fit for habitation.
Explanation. -The expression "unfit for human habitation" in this section means unfit for human habitation by reason of sanitary defects, that is, lack of air, space or ventilation, darkness, dampness, absence of adequate and readily accessible water-supply or sanitary accommodation or of other convenience and inadequate drainage of courtya
(1) If it shall appear to the Municipal Commissioner that any building intended for or used as a dwelling is in any respect unfit for human habitation the Municipal Commissioner may, by written notice, require the owner of the building to show cause why an order be not made to execute such works or carry out such alterations as would render the building fit for human habitation.
(2) In addition to serving a notice under this section on the owner of the building the Municipal Commissioner may serve a copy of the notice on any other person having an interest in the building or in the land on which such building has been erected, whether as mortgagee, lessee or otherwise.
(3) If the owner and any person referred to in sub-section (2) fail to file any objection or the Municipal Commissioner upon hearing of any objections filed is satisfied
(1) If it shall appear to the Municipal Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof a notice stating the date, not being less than twenty-one days after the service of the notice, and place at which the condition of the building and any offer with respect to the carrying out of works or the future use of the building will be considered by the Executive Committee, and every person upon whom such notice is served shall be entitled to be heard when the matter is so taken into consideration.
(2) A person upon whom notice is served under sub-section (1) shall, if he intends to submit an offer with respect to the carrying out of works, within twentyone days from the date of the service of the notic
(1) As soon as a demolition order under Section 393 has become operative, the owner of the building shall demolish it within the time limited in that behalf by the order, and if the building is not demolished within that time the Municipal Commissioner may take measures to demolish the building and sell the materials thereof.
(2) Any expenses incurred by the Municipal Commissioner under sub-section (1), after giving credit for the amount realized by sale of the materials, shall be payable by the owner of the building, and any surplus in the hands of the Municipal Commissioner after payment of such expenses shall be refunded to the owner.
(3) Any person aggrieved by the decision of the Municipal Commissioner under sub-section (2) may, within a period of one month, appeal to the Judge.
Any person aggrieved by -
(i) an order under sub-section (1) of Section 391; or
(ii) an order under sub-section (3) or sub-section (4) of Section 392; or
(iii) a demolition order made under Section 393, but not being an order made under sub-section (5) thereof;
may within twenty-one days after the date of the service of a copy of the order appeal to the Judge, and no proceedings shall be taken by the Municipal Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined.
(l) It shall be the duty of -the Municipal Commissioner to provide for the removal of the carcasses of all animals dying within the City.
(2) The occupier of any premises in or upon which any animal shall die or in or upon which the carcass of any animal shall be found, and the person having the charge of any animal which dies in the street or in any open place, shall, within three hours after the death of such animal or, if the death occurs at night within three hours after sunrise, report the death of such animal at the nearest office of the Corporation health department.
(3) For every carcass removed by Corporation agency, whether from any private premises or from public street or place, a fee for the removal of such amount as shall be fixed by the Municipal Commissioner shall be paid by the owner of the animal, or, if the owner is
If the Director of Medical 94[Health and Family Welfare, Uttar Pradesh or the Chief Medical Officer] or the Nagar Swasthya Adhikari 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 City is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood, or
(b) in a place within or beyond the limits of a City is likely to contaminate the water-supply of such City or otherwise render it unfit for drinking purposes,
the Municipal Commissioner may by public notice prohibit the cultivation of such crop, the use of such manure or the use of the method of irrigation so reported to be injurious, or impose such conditions wit
The Municipal Commissioner 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.
Refuse, etc., to be the property of the Corporation. -All matters deposited in public receptacles, depots and places provided or appointed under Section 385 and all matters collected by Corporation servants or contractors in pursuance of that section and Section 386 shall be the property of the Corporation.
(l) The Municipal Commissioner may from time to time by public notice -
(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes; .
(b) specify the times at which and the sex of persons by whom, such places may be used;
(c) prohibit the use by the public for any of the said purposes of any place not so set apart;
(d) prohibit the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;
(e) regulate the use by the public of any portion of a river or other place vesting in the Corporation and set apart by him for any of the s
Except as may be permitted by any order made by the Municipal Commissioner in that behalf no person shall -
(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well or on any part of a river or other place vesting in the Corporation;
(b) introduce in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;
(c) whilst suffering from any contagious, infectious, or loathsome disease, bathe on, in or near any bathing platform, lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well;
(d) wash or cause to be washed in or near any such place or work, any animal, clothes or other articles;
No person shall -
(i) newly establish in any premises,
(ii) remove from one place to another,
(iii) re-open or renew after discontinuance for a period of not less than three years, or
(iv) enlarge or extend the area or dimensions of,
any factory, workshop or workplace in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Municipal Commissioner nor shall any person work or allow to be worked in any such factory, workshop, workplace or bakery without such permission:
Provided that for the purpose of clause (iii) no such permission shall be required if during the p
No person engaged in any trade or manufacture specified in Section 438 or the rules shall -
(a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid;
(b) wilfully do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake, tank, reservoir, cistern, well, duct or other place for water is fouled, polluted or contaminated.
(1) The Municipal Commissioner 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 from pollution in such manner as the Corporation 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 Municipal Commissioner to be unfit for drinking the Municipal Commissioner 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 Municipal Commissioner, may by notice require t
The Municipal Commissioner 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 95[Factories Act, 1948.]
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95. Subs. by U.P. Act 14 of 1959.
The Municipal Commissioner may by notice require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off a private well, tank, reservoir, pool, depression or excavation therein which may appear to the Municipal Commissioner to be injurious to health or offensive to the neighbourhood:
Provided that the owner or occupier may require the Municipal Commissioner to acquire at the expense of the Corporation or otherwise provide, any land or rights in land necessary for the purpose of effecting drainage ordered under this section.
Where a person attacked with a dangerous disease or suffering from such disease, is -
(a) found lying in any vehicle or any public place, or
(b) without proper lodging or accommodation, 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 Municipal Commissioner may, on the advice of a medical officer of rank not inferior to that of an Assistant Surgeon, remove the patient to the hospital or a place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such
The Municipal Commissioner may at any time, by day or by night, without notice or after giving such notice of his intention as shall in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
Every person -
(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence of any dangerous disease in any dwelling other than a public hospital in the city, 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 dangerous 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 dangerous disease in such dwelling and being cognizant of the existence of the disease therein,
shall give information to such officer as the Municipal Commissioner may appoint in this behalf respecting the existence of such disease.
The Municipal Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Nagar Swasthya Adhikari certifies that it has been disinfected or is free from infection.
No person while suffering from any dangerous disease or loathsome disorder shall
(a) make or offer for sale an article of food or drink for human consumption or a medicine or drug, or
(b) wilfully touch any such article, medicine or drug when exposed for sale by others, or
(c) take any part in the business of washing or carrying soiled clothes.
(1) In the event of the City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious disease breaking out or being likely to be introduced into the City, the Municipal Commissioner if he thinks the ordinary provisions of this Act and any rules thereunder or of any other law at the time in force are insufficient for the purpose, may, with the sanction of the State Government -
(a) take such special measures, and
(b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in any rules in this behalf and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.
(2) The Municipal Commissioner shall forthwith report to the Corpor
(1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, shall apply to the Municipal Commissioner within a period of six months from the appointed day to register the same and the Municipal Commissioner shall cause the same to be registered.
(2) Such applications shall be accompanied by a plan bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor, of the place to be registered, showing the locality, boundaries and extent of the same. The application shall also contain information as regards the name of the owner or person or community interested therein, the system of management and such further particulars as the Municipal Commissioner may require.
(3) The Municipal Commissioner may, on recei
No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Municipal Commissioner who, with the approval of the Corporation, may grant or withhold such permission.
(1) If the existing places for the disposal of the dead shall at any time appear to be insufficient or if any place is closed under the provisions of Section 415 the Municipal Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, either within or without the City, and shall cause the same to be registered in the register kept under Section 412 and shall deposit in the Corporation office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same.
(2) All the provisions of this Act and the rules and bye-laws shall apply to any place provided under sub-section (1) without the City and vesting in the Corporation as if such place were situate within the City.
(l) If after personal inspection the Municipal Commissioner is at any time of opinion -
(a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any churchyard or burial ground adjacent thereto, or
(b) that any other place used for the disposal of the dead is or is likely to become injurious to public health, he may submit his considered opinion with the reasons therefor to the Corporation, and the Corporation shall forward the same with its opinion, for the consideration of the State Government.
(2) Upon receipt of the opinion mentioned in sub-section (1) the State Government after such further inquiry as it deems fit to make, may, by notification published in the offi
(1) If, after personal inspection, the Municipal Commissioner is of opinion that any place which had been closed under the provisions of Section 415 has, by lapse of time, become no longer injurious to health and may without risk or danger be again used for the said purpose, he may submit his opinion with the reasons therefor to the Corporation, which shall forward the same, with its opinion for the consideration of the State Government.
(2) Upon receipt of such opinion the State Government, after such further enquiry as it deems fit to make, may, by notification in the official Gazette, direct that such place be re-opened for the disposal of the dead.
(1) No person shall, without the written permission of the Municipal Commissioner under sub-section (2) -
96[(a) make any vault or grave or internment within any wall of any place of worship or underneath any passage, porch, portico, plinth or verandah of any such place;]
(b) make any internment or otherwise dispose of any corpse in any place which is closed for the dead under Section 415;
(c) build, dig, or cause to be built or dug any grave or vault, or in any way dispose of or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under Section 412;
(d) exhume any body, except under the provisions of Section 176 of the Code of Criminal Procedure, 1898, or of any other law for the time being in
No person shall
(a) retain a corpse on any premises without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;
(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Municipal Commissioner may by public notice, from time to time, think fit to require;
(c) except where no other route is available, carry a corpse or part of a corpse along any street along which the carrying of corpse is prohibited by a public notice issued by the Municipal Commissioner in this behalf;
(d) remove a corpse or part of a corpse, which has been kept
The State Government may, by order which shall be published in the official Gazette, apply to any area to be specified in the order but not lying beyond a distance of two miles from the limits of the City, the provisions of any section in this Chapter of rules made thereunder, subject to such adaptations whether by way of modification, addition or omission, as it may deem to be necessary and expedient and thereupon the provisions and rules so applied shall have effect in that area as if it were within the city.
(1) The State Government may make rules for the purposes of carrying into effect the provisions of this Chapter.
(2) Without prejudice to the generally of the foregoing powers such rules may be provided for -
(i) liability of owners and occupiers to collect and deposit dust, etc.;
(ii) liability of occupiers in areas not covered by Section 388 to have collected and conveyed to receptacles, etc, provided under Section 385 excrementitious and polluted matter accumulating upon their premises;
(iii) removal of rubbish and filth accumulating in large quantities on premises;
(iv) removal of nuisance caused by -
(a) accumulating of building materials on premises
For the purposes of this Chapter all markets and slaughter-houses other than Corporation markets and slaughter-houses shall be deemed to be private markets and slaughterhouses.
Subject to the provisions of this Act and the rule and bye-laws framed thereunder the Municipal Commissioner shall have the power -
(a) upon being authorized by the Corporation in that behalf, to construct purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a Corporation market or a Corporation slaughterhouse or stockyard within, and with the prior sanction of the State Government, without the limits of the Corporation and of extending or improving any existing Corporation market or slaughterhouse;
(b) from time to time, to build and maintain such Corporation markets, slaughter-houses and stockyards and such stalls, shops, sheds, pens and other buildings or conveniences as may be deemed necessary for the use of the persons carrying on trade or business in, or frequenting, such Corporation ma
(1) The Corporation shall from time to time determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-houses shall be permitted in the City or in any specified portion of the City.
(2) No person shall establish a private market for the sale of, or for the purpose of exposing for sale, animals intended for human food, or any article of human food or livestock or articles of food for livestock or shall establish or maintain a private slaughter-house except with the sanction of and after obtaining a licence from the Municipal Commissioner who shall be guided in giving such sanction and licence by the decisions of the Corporation at the time in force under sub-section (1):
Provided that the Municipal Commissioner shall not refuse to give sanction or to grant licence for running a pr
No person shall, without the written permission of the Municipal Commissioner and without the payment of such fees as may be prescribed by him, remove any live cattle, sheep, goats or swine from any Corporation slaughter-house or stockyard or from any Corporation market or premises used or intended to be used for or in connection with such slaughter house or stockyard:
Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stockyard, market or premises and which has not been within such slaughter-house, stockyard, market or premises for a period longer than that prescribed under orders made by the Municipal Commissioner in this behalf, or which has, in accordance with any byelaws, been rejected as unfit for slaughter at such slaughter-house, market or premises.
(1) The Municipal Commissioner may expel from any Corporation market, slaughterhouse or stockyard any person, who or whose servant has been convicted of contravening any rule, bye-law or regulation in force in such market, slaughter-house or stockyard and may prevent such person, by himself or his servants, from further carrying on any trade or business in such market, slaughterhouse or stockyard or occupying any stall, shop, standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
(2) If the owner of any private market or slaughter-house licensed under this Act or the lessee of such market or slaughter-house or any stall therein or any agent or servant of such owner or lessee has been convicted for contravention of any rule, byelaw or regulation the Municipal Commissioner ma
(1) No person shall, without licence from the Municipal Commissioner, sell or expose for sale any animal or article in any Corporation market.
(2) Any person contravening this section may be summarily removed by any Corporation officer or servant.
No person who knows that any private market has been established without the sanction of the Municipal Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Municipal Commissioner, shall sell or expose for sale therein any animal or articles of human food or any livestock or food for livestock.
No person shall, without a licence from the Municipal Commissioner, sell or expose for sale
(a) any four-footed animal or any meat or fish intended for human food, in any place other than a Corporation or private market;
(b) ices and syrups or aerated waters, kulfi, sugarcane juice, cut or peeled fruit and vegetables, any confectionery or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Municipal Commissioner in any place other than a Corporation or private market or licensed eating house or sweetmeat shop.
No person shall without the permission of the Municipal Commissioner slaughter or cause to be slaughtered any animal for sale in the City except in a Corporation slaughter-house or a licensed private slaughter-house.
The Municipal Commissioner may, by public notice, and with the previous sanction of the Corporation, fix premises within the City in which the slaughter of animals of any particular kind not for sale or the cutting up of carcass of any such animal shall be permitted, and prohibit, except in case of necessity, such slaughter elsewhere within the City:
Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.
Whenever it appears to the District Magistrate to be necessary for the preservation of the public peace or order, he may, subject to the control of the Prescribed Authority, prohibit or regulate, by public notice the slaughter, within the limits of a City, 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.
(1) No person shall without the written permission of the Municipal Commissioner bring into the City any cattle, sheep, goats or swine intended for human consumption, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
(2) Any police officer may arrest without warrant any person bringing into the City any animal or flesh in contravention of sub-section (1).
(3) Any animal brought into the City in contravention of this section may be seized by the Municipal Commissioner or by any Corporation officer or servant or by any Police Officer or in or upon Railway premises by the Railway servant and any animal or flesh so seized may be sold or otherwise disposed of as the Municipal Commissioner shall direct and the proceeds, if any, shall belong to the Corporation
It shall be the duty of the Municipal Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetable, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.
(1) The Municipal Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
(2) If any such animal or article appears to the Municipal Commissioner to be diseased or unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it is represented to be, or if any such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may seize and carry away such animal, article, utensil or vessel, in order that the same may be dealt with as hereinafter provided and he may arrest and take to the nearest police station any person in charge of any such animal or article.
If any meat, fish, vegetable or other article of a perishable nature be seized under Section 435 and the same is, in the opinion of the Municipal Commissioner, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Municipal Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
(1) If it is shown to the satisfaction of the Municipal Commissioner that any building or place within the limits of the City 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 Municipal Commissioner may at his 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 after such structural alterations as the Corporation imposes or prescribes in the notice with the object of rendering the us
(1) Except under and in conformity with the terms and conditions of a licence granted by the Municipal Commissioner, no person shall -
(a) keep in or upon any premises any article specified in the bye-laws in any quantity or in excess of the quantity specified in the bye-laws as the maximum quantity of such article which may at one time be kept in or upon the same premises without a licence; and
(b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras or loose, in quantity exceeding four hundred-weight;
(c) keep, or allow to be kept, in or upon any premises horses, cattle or other four-footed animals -
(i) for sale,
(
No person shall, without or otherwise than in conformity with the terms of a licence granted by the Municipal Commissioner in this behalf
(a) carry on within the City, or at any Corporation slaughter-house, the trade of a butcher;
(b) use any place in the City for the sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such flesh for consumption in the City.
No person shall without, or otherwise than in conformity with the terms of a licence granted by the Municipal Commissioner in this behalf -
(a) carryon within the City the trade or business of a dairyman;
(b) use any place in the City as a dairy or for the sale of any dairy produce.
(1) Every architect, engineer, structural designer, surveyor or plumber carrying on his profession in the City shall take out a licence in that behalf from the Municipal Commissioner.
(2) The licence shall be for a term to be fixed by bye-laws, but may be renewed as often as may be necessary for further terms on payment of the prescribed fee.
(3) No licence shall be granted under sub-section (1) unless the person applying therefor possesses the qualifications prescribed in that behalf and no application for a licence shall be refused if the applicant possesses those qualifications except on the ground that there is a reasonable apprehension that he is incompetent or has been found guilty of gross misconduct in the discharge of his duty as architect, engineer, structural designer, surveyor, or plumber, as the case may be.
No licensed plumber shall execute any work under this Act carelessly or negligently or make use of bad material, appliance or fitting for the purpose of such work.
The Executive Committee shall fix the fees or charges to be paid to licensed plumbers for any work done by them for all or any purpose under this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.
Whoever, in a street or public place within the limits of the City 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 person importuned or on the complaint of a Corporation or a police officer not below the rank of a sub-inspector respectively authorized in this behalf in writing by the Corporation and the District Magistrate.
(1) When a Magistrate of the first class receives information -
(a) that a house in the vicinity of a place of worship or an educational institution or a boarding house, hostel or mess used or occupied by students 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 a house in the immediate neighbourhood of a Cantonment is used as a brothel or for 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), clause (b)
Whoever, in a street or public place within the City, 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.
No person shall feed or allow to be fed animal which is kept for dairy purposes, or may be used for food, on filthy or deleterious substances.
The Municipal Commissioner 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) No person shall displace, take up or make an alteration in, or otherwise interfere with, the pavement, gutter, flags or other materials of public street, or the fences, walls or posts thereof, or a Corporation lamp, lamp-post, bracket, direction-post, stand-post, hydrant or other such Corporation property therein without the written consent of the Municipal Commissioner or other lawful authority, and no person shall extinguish a Corporation light.
(2) Any expense incurred by the Corporation 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 XXI.
No one shall discharge fire-arms or let off fire-works or fire-balloons or engage 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.
(1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted and the date by which application for the renewal of the same shall be made and shall be given under the signature of the Municipal Commissioner or of a Corporation Officer empowered under Section 119 to grant the same.
(2) Except as may otherwise be provided by or under this Act, for every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by the Municipal Commissioner, with the sanction of the Corporation.
(3) Subject to the provisions of the proviso to sub-section (2) of Section 423 any licence or written permission grant
The Municipal Commissioner may charge a fee to be fixed by bye-law for any licence, sanction or permission which he is entitled or required to grant by or under this Act.
(1) The State Government may make rules to carry out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power such rules may provide for -
(a) the regulation of sales within or outside Corporation or private markets;
(b) defining or determining the limits of private markets;
(c) proper approaches and environs and ventilation for private markets;
(d) proper pavement and drainage of private markets and slaughter-houses;
(e) issue of orders for the guidance of licensed surveyors, architects or engineers, structural designers, clerks, clerks of works and plumbers, respectively.
The Municipal Commissioner shall cause to be maintained a register of births and deaths in which shall be entered, in the manner prescribed, every birth or death taking place in the City.
The State Government may frame rules to provide for -
(a) the procedure for securing information regarding births and deaths in the City;
(b) the particulars to be entered in any register of births and deaths;
(c) the powers to be exercised by officers and servants of the Corporation for collecting the information regarding births and deaths;
(d) giving of information of each birth and death in the City by the father, mother, or other relation of the new born or the deceased, as the case may be, or by any other person, to officers and servants of the Corporation. and correction of errors in registers of births and deaths;
(e) registration of the name of the child or of alteration of the names; and
In any case not otherwise expressly provided for in this Act, or in any rule or byelaw made thereunder, the Municipal Commissioner may, with the previous approval of the Executive Committee, pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or by any such rule or bye-laws in the Municipal Commissioner, or in any Corporation officer or servant.
(1) In any case in which immovable property has deteriorated in value owing to the exercise of any power conferred by Sections 231, 232, 249, 250, 251 and 284, the Corporation may offer to the owner of the property reasonable compensation.
(2) If the owner of the property which has deteriorated in value accepts the compensation, he shall be deemed to have granted to the Corporation a perpetual right to continue the exercise of its powers under any of the said sections in such manner as not to create greater nuisance or to cause greater damage than was being created, or caused at the time when compensation was received.
(1) In determining the amount of compensation to be paid under subsection (1) of Section 457 the Municipal Commissioner or the Corporation, as the case may be, shall be guided as far as may be, by the provisions of Sections 23 and 24 of the Land Acquisition Act, 1894 as amended by this Act and as to matters which cannot be dealt with under these provisions by such provisions as may be prescribed by rules.
(2) Any person aggrieved by the decision of the Municipal Commissioner or the Corporation in the matter of award of compensation under Section 456 or Section 457, as the case may be, may, within a period of one month, appeal to the Judge in accordance with the provisions of Chapter XX.
(1) The State Government may make rules to carry out the purposes of this Chapter.
(2) Without prejudice to the generality of the foregoing power such rules may CHAPTER XIX
provide for -
(a) the principles On the basis of which the compensation shall be determined;
(b) assessment of compensation by the Municipal Commissioner;
(c) filing and disposal of objections to tentative assessments.
(1) Whoever -
(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part I of the table in Schedule III or of any order made thereunder, or (b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.
(2) Whoever, after having been convicted of -
(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Schedule III or of any order made thereunder, or
(b) failing to comply with any requisition lawfully made upon
(1) Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the following table or of any order made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code respectively specified in the second column of the said table as the section of the said Code under which such person shall be punishable, namely:
| A member or Mayor of a Corporation 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 share or interest in any contract or employment, with, by, or on behalf of the Corporation, shall be deemed to have committed an offence under Section 168 of the Indian Penal Code: Provided that a person shall not be deemed for the purposes of this section to acquire, or continue to have, any share or interest in a contract or employment by reason only of his (a) having a share or interest in any lease, sale, or purchase of land or buildings, or in any agreement for the same, provided that such share or interest was acquired before he became a member or Mayor, or (b) having a share i |
(1) A person who has directly or indirectly, by himself or his partner, a share or interest in a contract with, by, or on behalf of, a Corporation or in any employment with, under, by, or on behalf of, a Corporation other than as a Corporation servant, shall be disqualified for being a servant of such Corporation.
(2) A Corporation servant who shall acquire or continue to have, directly or indirectly, by himself or his partner, a share or interest in any such contract or employment as aforesaid shall cease to be a Corporation servant, and his office shall become vacant.
(3) A Corporation servant who knowingly acquires or continues to have, directly or indirectly, a share or interest in a contract or, except in so far as concerns his employment as a Corporation servant, in any employment with, under, by or on behalf of, a Corporation of
Whoever acts or abets the commission of an act which is in contravention of the provisions of Section 112-C or Section 112-D shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.]
_________________
1. Added by U.P. Act 21 of 1964.
(1) Whoever contravenes any provision of [sub-section (2)]2 of Section 267 shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
(2) When any person is convicted under sub-section (1) the Magistrate who convicts him may order the immediate removal of any building, or the immediate discontinuance of the operation or use of land, in respect of which such conviction has been held.
(3) If any order made under sub-section (2) is disobeyed or the execution thereof resisted, the offender shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
_______________
2. Subs. by
Whoever contravenes any provision of this Act or rule, bye-law, regulation, licence, permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or failure, be punished, for each such offence, with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such contravention or failure continues after the first conviction.
No person who receives the rent of any premises in any capacity described in paragraphs (i), (ii), or (iii) of sub-clause (a) of clause (52) of Section 2 shall be liable to any penalty under this Act for omitting to do any act as the owner of such premises, if he shall prove that his default was caused by his not having funds of, or due to, the owner sufficient to defray the cost of doing the act required.
Where a person committing an offence under this Act or any rule, bye-law or regulation is a company or a body corporate, or an association of persons (whether incorporated or not), or a firm, every director, manager, secretary, agent or other officer or person, concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
(1) If, on account of any act or omission, any person has been convicted of an offence against this Act or against any rule, regulation or bye-law, and, by reason of such act or omission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.
(2) In the event of dispute, the amount of compensation payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on non-payment of the amount of compensation so determined, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor.
In the following cases a reference shall be made to the Judge -
(1) whether the Municipal Commissioner may be directed to remove a shaft or pipe on the application of the owner of a building or hut under Section 249;
(2) regarding the amount of the price for the land required for setting forward a building under Section 284;
(3) regarding the amount or payment of expenses for any work executed or any measure taken or things done under the orders of the Municipal Commissioner or any Corporation Officer under Section 522;
(4) regarding the amount or payment of expenses or compensation and the apportionment thereof falling under any of the provisions of this Act or any rule or bye-law thereunder not otherwise specifically provided for.
(1) Subject to the provisions hereinafter contained, appeals against any annual value or tax fixed or charged under this Act shall be heard and determined by the Judge:
4[Provided that any such appeal pending at any stage before the Judge may be transferred by the District Judge for hearing and disposal, to any Additional Judge of the Court of Small Causes or Civil Judge or Additional Civil Judge having jurisdiction in the City.]
(2) No such appeal shall be heard unless -
(a) it is brought within fifteen days after the accrual of the cause of complaint;
(b) in the case of an appeal against an annual value an objection has previously been made 5[and has been disposed of under Section 209];
(c) in the c
For the purposes of Section 472, cause of complaint shall be deemed to have accrued as follows, namely
(a) in the case of an appeal against an annual value, on the day when the objection made [against such value under Section 209]7 is disposed of;
(b) in the case of an appeal against any tax referred to in clause (c) of sub-section (2) of [Section 472]8 on the day when the objection against the tax is disposed of by the authority concerned;
9[(c) in the case of an appeal against any amendment or alteration made in the assessment list for property taxes under sub-section (1) of Section 213, on the day when the objection made in pursuance of a notice issued under the proviso to the said sub-section is disposed of;]
(d) in the case of an appeal aga
Where any appeal against the annual value or tax fixed or charged under this Act is pending and all the parties interested agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made the provisions of the Arbitration Act, 1940, relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of the Act and the application were an application made in a suit.
(1) If any party to an appeal against an annual value makes an application to the Judge either before the hearing of the appeal or at any time during the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given:
Provided that. except when the application is made by the Municipal Commissioner no such direction shall be made by the Judge unless the applicant gives such security as the Judge thinks proper for the payment of the costs of valuation under this sub-section.
(2) The costs incurred for valuation under sub-section (1) shall b
An appeal shall lie to the District Judge--
(a) from any decision of the Judge in an appeal under Section 472 by which an annual value in excess of twelve thousand rupees is fixed, and
(b) from any other decision of the Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document:
Provided that no such appeal shall be heard by the District Judge unless it is filed within one month from the date of the decision of the Judge.
The costs of all proceedings in appeal under Section 472 before the Judge including those of arbitration under Section 474 and of valuation under Section 475 shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable, as if the same were due under a decree of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887.
(1) Every annual value fixed under this Act against which no complaint is made as hereinbefore provided and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax if no appeal is made therefrom under Section 476 and if such appeal is made the decision of the District Judge in such appeal shall be final.
(2) Effect shall be given by the Municipal Commissioner to every decision of the said Judge or District Judge on any appeal against any such value or tax.
In addition to any other appeals to the Judge provided under this Act, appeals shall lie to the Judge against the orders of the Municipal Commissioner in the following cases, namely:
(1) an order declining to remove a shaft or pipe under Section 249;
(2) an order requiring a building to be set forward under Section 284;
(3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous under Section 308:
Provided that no such appeal shall lie unless it is filed within one month from the date of the order of the Municipal Commissioner.
(1) On an appeal being made under Section 395 against a demolition order made under Section 393 the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Municipal Commissioner and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Municipal Commissioner under Section 393:
Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of Section 393 was served, an undertaking to carry out any work unless the appellant complied with the requirements of subsection (2) of that section.
(2) An appeal shall lie to the District Judge from a decision of the Judge on an appeal u
(1) An appeal shall lie to the District Judge from a decision of the Judge, regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees:
Provided that no such appeal shall be heard by the District Judge unless it is filed within one month from the date of the decision of the Judge.
(2) The decision of the Judge regarding the amount of payment of expenses for any work executed, if no appeal is filed under this section and, if an appeal is filed, the decision of the District Judge in such appeal shall be final.
(3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Municipal Commissioner shall defer
(1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any rule, regulation or bye-law or with any requisition made under this Act, or under any such rule, regulation or bye-law in respect of such building or land, the owner may apply to the Judge.
(2) The Judge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition, or to vacate the premises temporarily if the said provision or requisition relates to any action under Section 331, involving the safety or convenience of such occupier, and may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
(3) After eight day
The Judge shall, for the purposes of this Chapter, have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters, namely:
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of documents; and
(c) issuing commissions for the examination of witnesses and any proceeding before Judge under this Chapter shall be deemed a "Judicial proceeding" within the meaning of Sections 193 and 228 and for the purposes of Section 196 of the Indian Penal Code.
(1) The State Government may, from time to time by notification in the official Gazette, prescribe what fee, if any, shall be paid -
(a) on any application, appeal or reference made under this Act to the Judge, and
(b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process:
Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of claim or subject-matter is capable of being estimated in money, exceed the fees for the time being levied, under the provisions of the [Court Fees Act, 1870]10 in cases in which the value of the claim or subject-matter is of like amount.
(2) The State Government may from time to time by a like notification determine by
The Judge may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under Section 484.
Whenever any application, appeal or reference made to the Judge under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Judge to the parties by whom the same have been respectively paid.
(1) The State Government may with the consent of the Corporation create one or more posts of Magistrates of the First Class for the trial of offences against this Act, or may appoint any person to such post and may also appoint such ministerial officers of the court of any such Magistrate as it may think necessary:
Provided that notwithstanding the appointment of one or more Magistrates of the First Class under this section, it shall be open to the District Magistrate subject to the rules for the time being in force under Section 17 of the Code of Criminal Procedure, 1898, regulating the distribution of business in the Courts of Magistrates of the First Class to make such distribution of the work of trial of such offences and of all other work before the courts of the Magistrates (including any appointed under this section) as may appear to him most conducive to efficiency.
&n
A reference shall be made to a Magistrate of the First Class having jurisdiction within the limits of the City in the matter of the detention of a person suffering from a dangerous disease in a public hospital under the rules.
(1) Any animal and any article not of a perishable nature and any utensil or vessels seized under Section 435 shall be taken before a Magistrate of the First Class.
(2) If it shall appear to such Magistrate that any such animal or article is diseased, unsound or unwholesome or unfit for human consumption, as the case may be, or is not what it was represented to be or that such utensil or vessel is of such kind or in such state as to render any article prepared, manufactured or contained therein unwholesome or unfit for human consumption, he may, and, if it is diseased, unsound, unwholesome or unfit for human consumption, he shall cause the same to be destroyed, at the charge of the person in whose possession it was at the time of its seizure, in such manner as to prevent the same being again exposed or hawked about for sale or used for human consumption, or for the preparation or
In every case in which food, on being dealt with under Section 489, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human consumption, the owner thereof or the person in whose possession it was found, not being merely bailee or carrier thereof, shall on conviction, if in such case the provisions of Section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to five hundred rupees.
In all prosecutions under Section 490 the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.
(1) An offence for the contravention of Section [1l2-C, Section 112-D or Section]11 417 shall be cognizable.
(2) Notwithstanding anything contained in the Code of Criminal Procedure. 1898, all offences against this Act, or against any rule, regulation or bye-law, whether committed within or without the City, shall be cognizable by Magistrate of the First Class having jurisdiction in the City and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only of his being liable to pay any Corporation tax or of his being benefited by the Corporation Fund.
(3) Notwithstanding anything contained in Section 200 of the said Code, it shall not be necessary in respect of any offence against this Act or any rule, regulation or bye-law made there
No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or bye-law, unless complaint of such offence is made before him -
(a) within six months next after the date of the commission of such offence; or
(b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.
If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or bye-law, fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the nonappearance of such person the Magistrate may hear and determine the case in his absence.
Any document purporting to be a report under the hand of the Public Analyst to the Government of Uttar Pradesh upon any article duly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry or prosecution under this Act without proof thereof.
(1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by Sections 231, 232, 249, 250, 251, 310 or 385 more than the least practicable nuisance has been created.
(2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may, if he sees fit, direct the Municipal Commissioner-
(a) to put in force any of the provisions of this Act or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
(b) to pay to the complainant such reasonable costs of and relating to the said complaint and or
(1) An appeal shall lie to the Sessions Court from an order passed by a Magistrate under Section 496 within one month of the date thereof.
(2) The Sessions Court may, when disposing of an appeal under sub-section (1), direct by whom and in what proportions, if any, the costs of the appeal are to be paid, and costs so directed to be paid may, on application to a Magistrate of the First Class having jurisdiction in the City, be recovered by him, in accordance with the direction of the Sessions Court, as if there were a fine imposed by himself.
(3) When an appeal has been preferred to the Sessions Court under this section, the Municipal Commissioner shall defer action upon the order of the Magistrate until such appeal has been disposed of and shall thereupon forthwith give effect to the order passed in such appeal by the Sessions Court, o
(1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address or gives a name and address which such officer has reason to believe to be false.
(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of a Magistrate, for any longer time, not exceeding twenty-four hours from the arrest, than is necessary for bringing him before a Magistrate competent to take cognizance of his offence.
(1) Save as expressly provided by this Chapter, the provisions of the Code of Civil Procedure, 1908, relating to appeals from original decrees shall mutatis mutandis apply to appeals to the District Judge.
(2) All other matters for which no specific provision has been made under this Act shall be governed by such rules as the State Government may from time to time make after consultation with the High Court.
(1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provisions of Sections 5, 12 and 14 of the Limitation Act, 190812, shall so far as may be, apply.
(2) When no time is prescribed by this Act for the presentation of an appeal, application or reference, such appeal or application shall be presented or reference shall be made within thirty days from the date of the order in respect of or against which the appeal, application or reference is presented or made.
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12. See now corresponding provisions of Limitation Act, 1963.
(1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under the Provincial Small Cause Courts Act, 1887.
(2) All orders of the District Judge shall be executed as if they were the decrees of his Court.
The provisions of the Code of Criminal Procedure, 189813, shall, so far as may be, apply to all inquiries and proceedings under this Act before the Magistrate.
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13. See now provisions of Cr.PC, 1973.
A Corporation tax may be recovered by the following processes in the manner prescribed by rules -
(1) by presenting a bill,
(2) by serving a written notice of demand,
(3) by distraint and sale of a defaulter's movable property,
(4) by the attachment and sale of a defaulter's immovable property,
(5) [* * *]14
(6) in the case of property tax by the attachment of rent due in respect of the property 15[if such tax is payable by a person entitled to such rent], and
(7) by a suit.
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14. Omitted by U.P. Act 9 of 19
(1) As soon as a person becomes liable for the payment of any sum on account of a tax, other than [any tax]16 payable upon immediate demand, the Municipal Commissioner shall. with all convenient speed, cause a bill to be presented to the person so liable.
(2) Unless otherwise provided by rule, a person shall be deemed to become liable for the payment of every tax and licence fee upon the commencement of the period in respect of which such tax or fees is payable.
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16. Subs. by U.P. Act 9 of 1991 (w.e.f. 01-08-1990).
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 preferred as provided in Section 472.
If the sum for which a bill has been presented as aforesaid is not paid into the office of the Corporation, or to a person empowered by a regulation to receive such payments, within fifteen days from the presentation thereof, the Municipal Commissioner may cause to be served upon the person liable for the payment of the said sum a notice of demand in the form prescribed by rule.
(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 Municipal Commissioner or of such officer as the Corporation by regulation may appoint in this behalf, 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 Corporation in the form prescribed by rule, or to 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 Municipal Commissioner, or by the officer referred to in clause (b) of sub-section (1).
It shall be lawful for a Corporation Officer to whom a warrant issued under Section 507 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;
(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:
Provided that such officer shall not enter or break open the door of an apartment appropriated for women, until he has
(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 eq
(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 Municipal Commissioner 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 Corporation 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,
(1) If no sufficient movable property belonging to a defaulter, or being upon the premises in respect of which he is assessed, can be found within the City, the District Magistrate may, on the application of the Corporation, 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 District Magistrate, or
(b) for the distress and sale of any movable property belonging to the defaulter within the jurisdiction of any other District Magistrate exercising jurisdiction within Uttar Pradesh.
(2) In the case of action being taken under clause (b) of sub-section (1), the other District Magistrate shall endorse the warrant so issued, and cause it to be executed, and any am
In the circumstances mentioned in sub-section (1) of Section 507, the Municipal Commissioner or the officer referred to in clause (b) of sub-section (1) of Section 507, may in lieu of issuing a warrant for distress and sale of movable property or where such warrant has been issued but the amount recoverable has not been recovered in whole or part issue a warrant for the attachment and sale of the defaulter's immovable property.
(1) When a warrant is issued under Section 512 for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that the property will be sold unless the amount due, with the costs of recovery, are paid into the Corporation office within five days.
(2) Such order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary mode, and a copy of the order shall be fixed on a conspicuous part of the property and upon a conspicuous part of the office of the Corporation and also, when the property is land paying revenue to the State Government, in the office of the Collector of the district in which the land is situate.
(1) If the amount due is not paid within the period stated in sub-section (1) of Section 513 the immovable property or a sufficient portion thereof may be sold by public auction by order of the Municipal Commissioner unless the warrant is suspended by him, or the sum due and the cost of recovery are paid by the defaulter and the Municipal Commissioner shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and of the costs of recovery.
(2) The surplus, if any, shall be forthwith credited to the Corporation Fund, but if the same be claimed by written application to the Municipal Commissioner within six months from the date of the sale, a refund thereof shall be made to the defaulter and any surplus not claimed within six months as aforesaid shall be the property of the Corporation.
(3) Where the s
(1) Where a bill for any sum due on account of any property tax is served upon an occupier of premises pursuant to sub-section (1) of Section 504, the Municipal Commissioner may at the time of service or at any subsequent time cause to be served upon the occupier a notice requiring him to pay to the Corporation any rent due or falling due from him to the person primarily liable for the payment of the said tax to the extent necessary to satisfy the said sum due.
(2) Such notice shall operate as an attachment of the said rent until the said sum due on account of property-tax shall have been paid and satisfied, and the occupier shall be entitled to credit in account with the person to whom the said rent is due for any sum paid by him to the Corporation in pursuance of such notice.
(3) If the occupier shall fail to pay to the Corporation a
Instead of proceeding against a defaulter by distress, attachment and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a tax may be recovered from him by a suit in any Court of competent jurisdiction.
Fees for-
(a) every notice issued under Section 506,
(b) every distress made under Section 509,
(c) the costs of maintaining any livestock seized under the said section,
shall be chargeable at the rates respectively specified in such behalf in rules made by the State Government, and shall be included in the costs of recovery to be levied under Section 507.
No distress, attachment or sale made under this Act shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory or other proceeding relating thereto.
Any Corporation dues declared by this Act or by rules or bye-law to be recoverable in the manner provided by this Chapter may be recovered by the Municipal Commissioner in accordance as far as may be with the provisions of Sections 504 to 514 and 516 to 519 as if the amount due were a tax.
(1) The expenses incurred by the Municipal Commissioner in effecting any removal under Section 296 or sub-section (3) of Section 302, or in the event of a written notice issued under sub-section (2) of Section 292 or sub-section (3) of Section 293 or Section 303 or sub-section (3) of Section 305 or sub-section (1) of Section 306, or Section 331 not being complied with under Section 558, and all other expenses and charges specified in sub-section (2), if any shall, subject to the provisions of sub-section (2), be recoverable by the sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
(2) If the expenses of removal are in any case paid before the materials are sold, the Municipal Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are s
(1) Whenever under this Act, or any rule, regulation or bye-law, the expenses of any work executed or of any measure taken or thing done by or under the order of the Municipal Commissioner or of any Corporation officer empowered under Section 119 in this behalf are payable by any person, the same shall be payable on demand.
(2) If not paid on demand, the said expenses shall be recoverable by the Municipal Commissioner subject to the provisions of sub-section (4) of this section and sub-section (3) of Section 481 by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter, as if the amount thereof were a property-tax due by the said defaulter.
(3) If, when the Municipal Commissioner demands payments of any expenses under sub-section (1), his right to demand the same or the amount of the
If the expenses referred to in Section 522 are due in respect of some work executed or thing done to, upon or in connection with, some building or land or of some measure taken with respect to some building or land in respect of a private street and the defaulter is the owner of such building or land or of the premises fronting or adjoining such street or abutting thereon, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupied the said building, land or premises under the said owner and in the event of the said person failing to pay the same, they may be recovered by distress and sale of the movable property or the attachment and sale of the immovable property of the said person, as if the amount thereof were a property-tax due by him:
Provided that--
(a)
Instead of recovering any such expenses as aforesaid in any manner hereinbefore provided, the Municipal Commissioner may, if he thinks fit and with the approval of the Executive Committee, take an agreement from the person liable for payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon, at such rate not exceeding nine per cent per annum as the Executive Committee may fix from time to time, within a period of not more than five years.
(1) Any expenses incurred by the Municipal Commissioner under any provision of this Act in respect of any material or fittings supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier of such building or land may, subject to the regulations, be declared to be improvement expenses if the Municipal Commissioner with the approval of the Corporation, thinks fit so to declare them, and on such declaration being made, such expenses, together with interest thereon payable under sub-section (2), shall be a charge on the premises in respect of which, or for the benefit of which the expenses have been incurred.
(2) Improvement expenses shall be recoverable in instalments of such amount not being less for any premises than twelve rupees per annum, and at such intervals as will suffice to discharge such expen
(1) Where the occupier by whom any improvement expenses are paid holds the premises on which the expenses together with interest thereon are charged on rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord.
(2) If the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made and holds the same for a term of which less than twenty years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the same deducted from the rent payable to him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord (holding for a term of which less than twenty years is unexpired) of the s
At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Municipal Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.
Any instalment payable under Section 524 or 525 which is not paid when the same becomes due, may be recovered by the Municipal Commissioner by distress and sale of the movable property or the attachment and sale of immovable property of the person by whom it is due as if it were a property-tax due to by the said person.
Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act or under any rule, regulation or bye-law, the occupier, if any, of such building or land may with the approval of the Municipal Commissioner execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may without prejudice to any other right of recovery deduct the amount thereof from the rent which from time to time becomes due by him to the owner.
Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any court of competent jurisdiction.
(1) The State Government may at any time call upon the Corporation to furnish it with any extract from any proceedings of the Corporation, the Executive Committee, or any other Committee constituted under this Act or from any record under the control of the Corporation and with any statistics concerning or connected with the administration of this Act; and the Corporation shall furnish the same without unreasonable delay.
(2) The State Government may at any time call upon the Municipal Commissioner to furnish it with any information, report, explanation or statistics concerning or connected with the executive administration of this Act and the Municipal Commissioner shall furnish the same without unreasonable delay.
The State Government may depute any officer to inspect or examine any Corporation department, office, service, work or thing and to report thereon and any officer so deputed may, for the purposes of such inspection or examination, exercise all the powers conferred by Section 531 upon the State Government.
If on receipt of any information or report obtained under Section 531 or 532 or otherwise the State Government are of opinion
(a) that any duty imposed on any Corporation authority by or under this Act has not been performed or has been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty, the State Government may, by an order, direct the Corporation or the Municipal Commissioner with a period to be specified in the order to make arrangements to their satisfaction for the proper performance of the duty, or to make financial provision to their satisfaction for the performance of the duty, as the case may be:
Provided that, unless in the opinion of the State Government the immediate executi
(1) If within the period fixed by an order issued under Section 533, any action directed under that section has not been duly taken, the State Government may by order
(a) appoint some person to take the action so directed;
(b) fix the remuneration to be paid to him; and
(c) direct that such remuneration and the cost of taking such action shall be defrayed out of the Corporation Fund, and, if necessary, that any one or more of the taxes authorised under Chapter IX shall be levied or increased, but not so as to exceed any maximum prescribed by that Chapter.
(2) For the purpose of taking the action directed as aforesaid the person appointed under sub-section (1) shall have power to make such contracts as are necessary, and may exercise any of the po
(1) In case of emergency the State Government may provide for the execution through such agency and in such manner as it may specify in its order of any work or the doing of any act which the Corporation or the Municipal Commissioner with or without the sanction of the Corporation or the Executive Committee is empowered to execute or do and of which the immediate execution or doing is, in its opinion, necessary for the safety or protection of the public and may direct that the expenses of executing the work or doing the act shall be forthwith paid by the Corporation.
(2) If the expense is not so paid the State Government may make an order directing the person having the custody of the Corporation fund to pay the expense from such fund.
The Municipal Commissioner shall submit to the State Government, and if so directed by the State Government, the Prescribed Authority, copies of all resolutions of the Corporation, the Executive Committee, the Development Committee and of other committees, and joint committees and sub-committees of the Corporation.
If the State Government is of opinion that the execution of any resolution or order of the Corporation or of any other Corporation authority or of any committee or joint committee or sub-committee or of any officer or servant of the Corporation or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of the powers conferred by this Act or of any other law for the time being in force or has been passed or made in abuse of any such power or is likely to lead to a breach of the peace or to cause obstruction, injury or annoyance to the public or to any class or body of persons or danger to human life, health or safety or is prejudicial to public interest, the State Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act.
(2) A copy of s
(1) If at any time upon representation made it appears to the State Government that the Corporation is not competent to perform or persistently makes default in the performance of the 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, the State Government may, after having given the Corporation an opportunity to show cause why such order should not be made, by an order published with the reasons therefor in the Official Gazette to dissolve the Corporation.
(2) A copy of the order under sub-section (1) shall be laid, as soon as may be, before each House of the Uttar Pradesh Legislature.
18[(3) When a Corporation is dissolved under sub-section (1), the following consequences shall ensue -
(a) the Mayor, the [
(1) In addition to the power conferred upon the State Government under the preceding Chapters of this Act to make rules the State Government may make rules to carry out the purposes of the Act and may also make model rules for the guidance of a Corporation in any matter connected with the carrying out of the provisions of this or any other enactment.
Explanation. -The power conferred by this sub-section includes the power to make rules regulating the holding of meetings of the Corporation and its Committees and the conduct of business at such meetings till bye-laws are framed under the Act for the purpose.
(2) The power of the State Government to make rules under this Act shall be subject to the condition of the rules being made after previous publication and of not taking effect until they have been published in the Official Gazette.
The Corporation may from time to time make bye-laws, not inconsistent with this Act and the rules, with respect to the following matters, namely:
(1) regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the Corporation or other persons, Corporation waterworks, private communication pipes, private streets and public streets;
(2) regulating all matters and things connected with supply and use of water;
(3) regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the use of
It shall be the duty of the Municipal Commissioner from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable for the furtherance of any purpose of this Act.
No bye-law shall be made by the Corporation unless -
(a) a notice of the intention of the Corporation to take such bye-law into consideration on or after a date to be specified in the notice shall have been given in the Official Gazette and in the Bulletin of the Corporation, if any, before such date;
(b) a printed copy of such bye-law shall have been kept at the chief Corporation office and made available for public inspection free of charge by any person desiring to peruse the same at any reasonable time from the date of the notice given under clause (a);
(c) printed copies of such bye-law shall have been delivered to any person requiring the same on payment of such fee for each copy as shall be fixed by the Municipal Commissioner;
(d) all obje
The bye-laws made under Section 541 shall be published in the Official Gazette.
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22. Subs. by U.P. Act 26 of 1995, 5.21 (w.e.f. 30-05-1994).
(1) The Municipal Commissioner shall cause all bye-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of such fee for each copy, as he may fix.
(2) Printed copies of the bye-laws for the time being in force shall be kept for public inspection in some part of the municipal office to which the general public has access and in such other places, if any, like places of public resort, markets, slaughterhouses and other works or places affected thereby, as the Municipal Commissioner thinks fit, and the said copies shall from time to time be renewed by the Municipal Commissioner.
(1) A Corporation may modify or rescind any bye-law made by it.
(2) The provisions of Sections 542, 543 and 544 shall mutantis mutandis apply to the modifications or rescission of a bye-law under sub-section (1).
(1) If it shall at any time appear 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 Corporation and prescribe a reasonable period within which the Corporation 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 such date as the State Government shall in the said notification direct or, if no such date is specified,
(1) The Executive Committee shall from time to time frame regulations not inconsistent with this Act and the rules and bye-laws but in consonance with any resolution that may be passed by the Corporation -
(a) fixing the amount and the nature of the security to be furnished by any Corporation officer or servant from whom it may be deemed expedient to require security;
(b) regulating the grant of leave to Corporation officers and servants;
(c) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave;
(d) authorizing the payment of traveling or conveyance allowance to the said officers and servants;
(e) regulating the
(1) If in respect of any matters specified in Section 541 the Corporation has failed to make any bye-law or if the bye-laws made by the Corporation are not, in the opinion of the State Government, adequate, the State Government may make bye-laws, providing for such matter to such extent as it may think fit.
(2) The provisions of Section 543 shall apply to the making of bye-laws under this section with the substitution of the words "State Government" for the words "Mahapalika" and the bye-laws shall have force of law upon their publication in the Official Gazette.
(3) If any provision of a bye-law made under this section is repugnant to any provision of a bye-law made by the Corporation the bye-law under this section-shall prevail and the bye-law made under Section 541 shall, to the extent of the repugnancy, be void.
&nb
In making rules, bye-laws or regulations, the Corporation or the Executive Committee, or the State Government, as the case may be, may provide that for any breach thereof the offender shall on conviction
(a) be punished with fine which may extend to five hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for first breach;
(b) be punished with fine which may extend to twenty rupees for every day during which the breach continues, after receipt of written notice from the Municipal Commissioner or any Corporation officer duly authorised in that behalf to discontinue the breach;
(c) in addition to the imposition of such fine be required to remedy the mischief so far as lies, in his
Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Municipal Commissioner or of a Corporation officer empowered under the Act to give the same, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing same by beat of drum, or by advertisement in the local newspapers, or by publication in the Bulletin of the Corporation or by any two or more of these means and by any other means that the Municipal Commissioner shall think fit.
Whenever it is provided by or under this Act that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two newspapers in such language or languages as the Corporation may from time to time specify in this behalf published or circulating in the City:
Provided that where the Corporation has its own Bulletin the publication of the said notice in two consecutive issues of the Bulletin of the Corporation shall be deemed sufficient for the purposes of this section.
(1) Whenever under this Act or any rule, bye-law, regulation or order, the doing or the omitting to do anything or the validity of anything depends upon the consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction of -
(a) the Corporation, the Executive Committee, or any other Committee; or
(b) the Municipal Commissioner or any Corporation officer,
a written document signed as provided in sub-section (2) purporting to conveyor set forth such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.
(2) The written document referred to in sub-sectio
(1) Notices, bills, schedules, summons and other such documents required by this Act or by any rule, regulation or bye-law to be served upon or issued or presented or given to any person, shall be served, issued, presented or given by Corporation Officers or servants or by other persons authorised by the Municipal Commissioner in this behalf.
(2) When any notice, bill, schedule, summons or other such document is required by this Act, or by any rule, regulation or bye-law to be served upon or issued or presented to any person, such service, issue or presentation shall, except in the cases otherwise expressly provided for in sub-section (3), be effected -
(a) by giving or tendering to such person the said notice, bill, schedule, summons or other document; or
(b) if such person is not found, by
(1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or by any rule, regulation or bye-law to bear the signature of the Municipal Commissioner or of any Corporation officer shall be deemed to be properly signed if it bears a facsimile of the signature of the Municipal Commissioner or of such Corporation officer, as the case may be, stamped thereupon.
(2) Nothing in this section shall be deemed to apply to cheque drawn upon the Corporation Fund under any of the provisions of this Act, or to any deed of contract.
(1) The Municipal Commissioner may, in order to facilitate the service, issue, presentation or giving of any notice, bill, schedule, summons or other such document upon or to any person by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Municipal Commissioner may specify in the notice, the nature of his interest therein and name and address of any other person having an interest therein, whether as freeholder, mortgagee, lessee or otherwise; so far as such name and address is known to him.
(2) Any person required by the Municipal Commissioner in pursuance of subsection (1) to give the Municipal Commissioner any information shall be bound to comply with the same and to give true information to the best of his knowledge and belief.
(1) If any work or thing requiring the written permission of the Municipal Commissioner under any provision of this Act or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the Municipal Commissioner, such work or thing shall be deemed to be unauthorised and, subject to any other provision of this Act, the Municipal Commissioner may at any time, by written notice, require that the same shall be removed, pulled down or undone, as the case may be, by the person so carrying out or doing. If the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisitions of the Municipal Commissioner.
(2) If within the period specified in such written notice the requisitions containe
(1) Subject to the provisions of this Act, and of the rules, bye-laws and regulations, when any requisition is made under any provision of this Act or of any rule, bye-law or regulation by written notice by the Municipal Commissioner, or by any Corporation officer duly empowered in this behalf, a reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition or order or any portion of such requisition or order is not complied with, the Municipal Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion, be necessary for giving due effect to the requisition or order so made; and, unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.
On the written request of any person who is required under any of the provisions of this Act, or of any rule, regulation or byelaw to supply any materials or fittings the Municipal Commissioner may, on such person's behalf, supply the necessary materials and fittings and cause the work to be done:
Provided that, where the provisions of Section 524 or 525 will not apply, a deposit shall first of all be made by the said person of a sum which will, in the opinion of the Municipal Commissioner, suffice to cover the cost of the said materials, fittings and work.
(1) The Municipal Commissioner or any Corporation officer or servant authorised by him in this behalf may enter into or upon any premises, with or without assistants or workmen, which he is empowered by or under the provisions of this Act or the rules to enter or inspect or in order to make any inspection, search, survey, measurement, valuation or inquiry or to execute any work which is authorised by or under this Act or which it is necessary for any of the purposes, or in pursuance of any of the provisions, of this Act, or of any rules, byelaws or regulations thereunder to make or execute.
(2) Without prejudice to the generality of the provisions of sub-section (1), the Municipal Commissioner or any Corporation officer or servant authorised by him in this behalf shall have power to enter and inspect any place or article in following cases, namely -
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(1) The Municipal Commissioner may enter upon any land adjoining or within one hundred yards of any works authorised by this Act or by any rule or byelaw made thereunder for the purpose of depositing upon such land any soil. gravel, sand, lime, bricks, stone or other materials, or of obtaining access of such works, or for any other purpose connected with the carrying on of such works.
(2) The Municipal Commissioner shall, before entering upon any land under sub-section (1) unless otherwise provided in this Act or any rule or bye-law made thereunder, give the owner and occupier (if any) three days' previous written notice of his intention to make such entry, and of the purpose thereof, and shall, if so required by the owner or occupier, set apart by sufficient fences so much of the land as may be required for the purpose mentioned in the said sub-section.
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(1) No such entry shall be made after sunset and before sunrise:
Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by day or night.
(2) Except as otherwise expressly provided by or under this Act, no building used as a human dwelling shall be entered except with the consent of the occupier thereof or without giving him at least six hours' notice in writing of the intended entry and, except when it is deemed inexpedient to mention the purpose thereof, of such purpose.
(3) When such premises may otherwise be entered without notice, sufficient notice shall be given in every instance to enable the inmates of any apartment appropriated to females to remove themselves.
(4) Due regard shall al
No person shall, in any way, obstruct the Municipal Commissioner in making any entry under Section 560, or Section 561 or any Corporation officer or other person accompanying the Municipal Commissioner at his request of acting under his orders for the purposes of such entry.
(1) The Municipal Commissioner may-
(a) take, or withdraw from proceedings against any person who is charged with--
(i) any offence against this Act or any rule, regulation or bye-law;
(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act;
(iii) committing any nuisance whatever;
23[(b) subject to any general or special orders of the State Government in this behalf, compound any offence punishable under this Act, or rules, byelaws or regulations made thereunder, either before or after the institution of the, prosecution, on realisation of such amount of composition fee as he thinks fit, not exceeding the maximum amount of
(1) The Municipal Commissioner and every Corporator 24[* * *] and every Corporation officer or servant appointed under this Act, and every contractor or agent for the collection of any Corporation tax, fee or other sum due to the Corporation and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code.
(2) For the purposes of sub-section (1) the word "Government" in the definition of "Legal remuneration" in Section 161 of the Indian Penal Code shall be deemed to include the Corporation.
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Omitted by U.P. Act 12 of 1977.
It shall be the duty of every police officer -
(a) to communicate without delay to the proper Corporation officer any information which he receives of the design to commit or of the commission of any offence under this Act or any rule, bye-law or regulation made under it;
(b) to assist the Municipal Commissioner or any Corporation officer or servant, or any person to whom the Municipal Commissioner has lawfully delegated powers reasonably demanding his aid for the lawful exercise of any power vesting in the Municipal Commissioner or in such Corporation officer or servant or person under this Act, or any such rule, bye-law or regulation;
and for all such purposes he shall have the same powers which he has in the exercise of his ordinary police duties.
(1) If any police officer sees any person committing an offence against any of the provisions of this Act, or of any rule, bye-law or regulation made under it, he shall, if the name and address of such person are unknown to him and if the said person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false, arrest such person.
(2) No person arrested under sub-section (1) shall be detained in custody -
(a) after his true name and address are ascertained, or
(b) without the order of a Magistrate for any longer time not exceeding twenty-four hours from the hour of arrest, than is necessary for bringing him before a Magistrate.
The State Government may empower any Corporation officer or servant or any class of Corporation officers or servants to exercise the powers of a police officer for the purposes of this Act.
(1) Any informality, clerical error, omission or other defects in any assessment made or any distress levied or attachment made or in any notice, bill, schedule, summons or other documents issued under this Act or under any rule, regulation or bye-law may at any time, as far as possible, be rectified.
(2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other document invalid or illegal if the provisions of this Act and of the rules, regulations or bye-laws have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a court of competent jurisdiction.
(1) No suit shall be instituted against the Corporation or against the Municipal Commissioner, or against any Corporation officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act -
(a) until the expiration of two months next after notice in writing has been, in the case of the Corporation, left at the Corporation office and, in the case of the Municipal Commissioner or of a Corporation officer or servant delivered to him or left at his office, stating with reasonable particularity the cause of action, the nature of the relief sought, the amount of compensation claimed, if any, and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor
A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Corporation shall, if duly certified by the legal keeper thereof or a person authorised by the Municipal Commissioner in this behalf, be received as prima facie evidence of the existence of the entry or document and shall be admitted as evidence of the matters and transactions 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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26. Added by U.P. Act 21 of 1964.
No Corporation officer or servant shall in any legal proceedings to which a Corporation is not a party be required to produce any register or document the contents of which can be proved under the last preceding section by it certified copy or to appear as a witness to prove the matter and transactions recorded therein unless by order of the Court made for special cause.
No Civil Court shall in the course of any suit grant any temporary injunction or make any interim order--
(a) restraining any person from exercising the powers or performing the functions or duties of a Corporator, 27[* * *] officer or servant of a Corporation or of a committee or sub-committee of a Corporation on the ground that such person has not been duly elected, or appointed, as the case may be; or
(b) restraining any person or persons or any Corporation committee or subcommittee of a Corporation from holding any election, or from holding any election in any particular manner.
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27. Omitted by U.P. Act 12 of 1977.
(1) No person who receives the rent of any premises in any capacity described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (52) of Section 2 shall be liable to do anything which is by this Act required to be done by the owner unless he has or, but for his own improper act or default, might have had sufficient funds of or due to the owner to pay for the same.
(2) The burden of proving the facts entitling any person to relief under sub section (1) shall rest on such person.
(3) When any person has secured relief under sub-section (1) the Municipal Commissioner may, by written notice, require such person to apply to the discharge of any obligation which he would, but for such relief, be bound to discharge, the first moneys which shall come to his hand on behalf of or for the use of the owner, and any person who fails to com
(1) In any enactment other than the U.P. Municipalities Act, 1916, the U.P. Town Improvement Act, 1919 and the Cawnpore Urban Area Development Act, 1945, in force on the date immediately preceding the appointed day in a City or any rule, order or notification made or issued thereunder and in force on such date in the said City unless a different intention appears--
(a) references to 28[municipality or municipal area and Municipal Board or Municipal Council, as the case may be,] constituted under the U.P. Municipalities Act, 1916, shall be construed as references to the City
29[and] to the Corporation of the said City, as the case may be, and such enactment, rule, order or notification shall apply to the said City or Corporation;
(b) references to the President or the Vice-President of the Mu
All sums due to 33[Municipal Board or, as the case may be, the Municipal Council] or local authority for the area which has been constituted a City, whether on account of any tax or any other account, shall be recoverable by the Municipal Commissioner for the City and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the authority of 33[Municipal Board or, as the case may be, the Municipal Council] or local authority to take or institute, if this Act had not come into operation and the said area had not been constituted to be a City.
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33. Subs. for "the said municipality" by U.P. Act 26 of 1995, S. 23 (w.e.f. 30-05-1994).
(1) All debts and obligations incurred and all contracts made by or on behalf of the 33[Municipal Board or, as the case may be, the Municipal Council] or local authority immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Municipal Commissioner for the said City in exercise of the powers conferred on him by this Act and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the 33[Municipal Board or, as the case may be, the Municipal Council] or local authority on the said day which under the provisions of this Act are required to be instituted before or undertaken by the Municipal Commissioner shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to b
Save as expressly provided by the provisions of this Chapter or by a notification issued under Section 579 -
(a) any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration rule, bye-law, regulation, form made, issued, imposed or granted under the U.P. Municipalities Act, 1916, or the Cawnpore Urban Area Development Act, 1945, or the U.P. Town Improvement Act, 1919, or any other law in force in any local area constituted to be a City immediately before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, delegation, notification, notice, tax, order, direction, scheme, licence, permission, registration, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be;
All officers and servants in the employment of a Nagar Mahapalika as it stood immediately before the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, shall, on such commencement, be the officers and servants of the Corporation under this Act and shall draw the same salaries and allowances and be subject to the same conditions of service to which they were entitled or subjected to immediately before such commencement.]
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39. Ins. by U.P. Act 26 of 1995, S.26 (w.e.f 30-05-1994).
Any reference in the foregoing sections to a municipality or local authority shall, in case such municipality or local authority has been 40[* * *] dissolved or placed under the charge of an administrator under any enactment made for that purpose be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or local authority.
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40. The words "suspended or" omitted by U.P. Act 26 of 1995, S.27 (w.e.f 30-05-1994).
(1) 41[Where any area is specified to be a larger urban area under clause (2) of Article 243-Q of the Constitution] the State Government may, notwithstanding anything in this Act, or any other enactment for the time being in force in such area -
(a) by notification in the Official Gazette appoint an interim Municipal Commissioner to exercise the powers and perform the functions of a Municipal Commissioner under this Act 42[* * *];
(b) requisition the services of any officer or servant of the Municipal 43[Council], Improvement Trust or Development Board or other local authority functioning in relation to the area included in such City for the purposes of all works relating to the establishment of the Corporation of such City;
(c) by order provide for such other matters as may be necessary for
(1) Notwithstanding anything in this Act, during the period between the commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, and the 45[first] constitution of the Municipal Corporation under this Act [as amended by the said Act], the Nagar Mahapalika and its Mayor, [Deputy Mayor] and members shall respectively exercise, perform and discharge the powers, functions and duties of the Municipal Corporation, its Mayor, [Deputy Mayor] and members and shall be deemed respectively to be the Municipal Corporation, its Mayor, [Deputy Mayor] and members.
(2) Where the term or the extended term of [the Nagar Mahapalika as it stood immediately before the commencement of, the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994, expires after such commencement and a new Corporation is not constituted under the provisions of this Act as ame
(1) If any difficulty arises in giving effect to the provisions of this Act or, by reason of anything contained in this Act or any other enactment for the time being in force, the State Government may, as occasion requires, by a notified order, direct that this Act shall have effect subject to such adaptations, whether by way of modification, addition or omission, as it may deem to be necessary and expedient.
(2) No order under sub-section (1) shall be made after the expiration of the period of two years from the 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 commencement of the Uttar Pradesh Urb
(1) On and from the date of commencement of the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 and subject to the provisions of Section 140--
(a) all property, interest in property and assets, including cash balances wherever situate, which immediately before such date were vested in the Nagar Mahapalika shall vest in and be held by the Corporation for the purposes of this Act; and
(b) all rights, liabilities and obligations of the aforesaid Nagar Mahapalika whether arising out of any contract or otherwise existing immediately before such date, shall be the rights, liabilities and obligations of the Corporation.
(2) Where any doubt or dispute arises as to whether any property, interest or asset has vested in Corporation under sub-section (1), or any rights, liability or
All sums due to the Nagar Mahapalika whether on account of any tax, or any other account, shall be recoverable by the Corporation and for the purpose of such recovery, it shall be competent to the Corporation to take any measure or institute any proceeding which it would have been open to the Nagar Mahapalika to take or institute, if the Uttar Pradesh Urban Local Self Government Laws (Amendment) Act, 1994 had not come into force.
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53. Ins. by U.P. Act 26 of 1995, S.30 (w.e.f 30-05-1994).
(1) All debts and obligations incurred and all contracts made by or on behalf of the Nagar Mahapalika before the date referred to in sub-section (1) of Section 580-A and subsisting on the said date shall be deemed to have been incurred and made by the Corporation in exercise of the powers conferred on it by this Act and shall continue in operation accordingly.
(2) All proceedings pending before any authority of the said Nagar Mahapalika on the said date which under the provisions of this Act, are required to be instituted before or undertaken by the Corporation, shall be transferred to and continued by the Corporation and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act.
(3) All appeals pendin
The U.P. Municipalities Act, 1916, the U.P. Town Areas Act, 1914, the U.P. Town Improvement Act, 1919, the U.P. Town Improvement (Appeals) Act, 1920, the U.P. Town Improvement (Adaptation) Act, 1948, 55[the U.P. District Boards Act, 1922, the U.P. Local Bodies (Appointment of Administrator) Act, 1953] and the Cawnpore Urban Area Development Act, 1945, shall, with effect from the appointed day, stand repealed in so far as they may be applicable to any area included in the City.
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Added by S. 9 of U.P. Act 14 of 1959.
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