MADHYA PRADESH MUNICIPALITIES ACT, 1961

MADHYA PRADESH MUNICIPALITIES ACT, 1961

Ch.1 PRELIMINARY

S.1 Short title, extent and commencement

S.2 Repeal and Saving

S.3 Definitions

Ch.2 CONSTITUTION OF MUNICIPALITIES

S.4 [OMITTED]

S.5 Constitution of Municipal Councils and Nagar Panchayats

S.5(a) Power of Governor to include or exclude certain area

S.6 Procedure for publication of notifications

S.7 Effect of establishing Municipality for local area which ceases to

S.8 Effect of including a local area in a Municipality

S.9 Effect of excluding a local area from a Municipality

S.10 [OMITTED]

S.16 Exercise of powers of Council pending its constitution

S.17 Erection and maintenance of boundary marks

S.18 Incorporation of Municipalities

S.19 Composition of Municipal Council or Nagar Panchayat

S.20 Election petitions

S.21 Relief that may be claimed by petitioner

S.22 Grounds for declaring election or nomination to be void

S.23 Procedure to be followed in disposal of election petition

S.24 Decision on election petition

S.25 Procedure in case of equality of votes

S.26 Finality of decision

S.27 Disqualification arising out of corrupt practices

S.28 Corrupt practices

S.29 Determination of number and extent of wards and conduct of elections

S.29(a) Reservation of seats

S.29(b) Reservation of the office of President of the Council

S.30 Qualification of voters and their registration

S.31 Disqualification of voters

S.32 Preparation of electoral rolls and conduct of elections

S.32(a) Account of election expenses

S.32(b) Lodging of account of election expenses

S.32(c) Disqualification for failure to lodge account of election expenses

S.32(d) Removal or reduction of period of disqualification

S.33 Eligibility for voting

S.34 Qualifications for election as President or Councillor

S.35 Disqualification of candidates

S.35(a) Power to disqualify Ex-President, Vice-President, etc.

S.36 Duration of the Municipality

S.36(a) [OMITTED]

S.37 Filling up of casual vacancies

S.38 Effect of subsequent disabilities

S.39 [OMITTED]

S.40 Resignation of Vice-President or Councillors

S.41 Removal of Councillor

S.41(a) Removal of President or Vice-President or Chairman of a Committee

S.41(b) Resignation of President

S.42 Automatic vacating of all offices on ceasing to be Councillor

S.43 Election and term of Vice-President

S.43(a) No confidence motion against Vice-President

S.44 [OMITTED]

S.45 Notification of election of President and Councillors

S.46 [OMITTED]

S.47 Recalling of President

S.48 Grant of leave of absence to President or Vice-President

S.49 Penalty for refusal to handover charge by outgoing office-bearers

S.50 Municipal Government vests in Council

S.51 Powers and duties of President

S.52 Functions of Vice-President

S.53 Procedure in case of non-payment of Municipal dues by Councillors and office-bearers of Council

Ch.3 CONDUCT OF BUSINESS

S.54 Meeting of the Council and Committee

S.55 First meeting after general election

S.56 Convening of meeting

S.57 Power of President and Vice-President to call special meeting

S.58 Place of meeting

S.59 Chairman of meeting

S.60 Public to be admitted to the meeting of Council

S.61 Quorum

S.62 Minutes of proceedings

S.63 Decision of questions by majority of votes

S.63(a) Removal of member of a Committee

S.64 Adjournments

S.65 Modification and cancellation of resolutions

S.66 Notice to Government Executive Engineer

S.67 Right of Government officers to attend, address and take part in meeting of Council

S.68 Power to call upon officers to tender advice, etc.

S.69 Presence of Chief Municipal Officer

S.70 Constitution of President-in-Council

S.71 Advisory Committees

S.72 Consultative Committees

S.72(a) Constitution of Wards Committee

S.72(b) Constitution and Composition of Mohalla Committees

S.73 Absence from meeting of Committees

S.74 Casual vacancies in any Committee

S.75 Chairman of the Committee

S.76 Procedure at Committee meetings

S.77 Subordination of Committees to instructions of Council and compliance with requisitions

S.78 Delegation of Council's powers, duties and executive functions

S.79 Joint Committees

S.80 Vacancy, etc., not to invalidate proceedings

S.81 Proceedings of meeting to be deemed to be good and valid

S.82 Preservation of order

S.83 Responsibility of Councillors for misapplication of Municipal Funds

S.84 Penalty for interest in contract or employment

S.85 Councillors not to take part in discussion in certain cases

Ch.4 CHIEF MUNICIPAL OFFICER AND STAFF OF MUNICIPALITY

S.86 Constitution of State Municipal Service

S.87 Chief Municipal Officer

S.88 Health Officer and Engineer

S.89 Appointment to State Municipal Service pending constitution thereof, etc.

S.90 Arrangement during leave of absence of Chief Municipal Officer

S.91 Arrangement during leave of absence of Health Officer or Engineer

S.92 Special functions of Chief Municipal Officer

S.93 Council may require Chief Municipal Officer to produce documents

S.94 Appointment of staff

S.95 State Government to make rules

S.96 Abstention of officers or servants from political movement, etc.

S.97 Liability of Municipal employees for misappropriation of funds

S.98 Municipal officer or servant not to be interested in any contract with Council

S.99 Penalty for officer or servant being interested in any contract etc.

S.99(a) Essential Municipal Officers or servants

S.99(b) Power of Government to declare emergency

S.99(c) Punishment for contravention of Sections 99-A and 99-B

S.100 Property vested in Council

S.101 Management of nazul lands

S.102 Acquisition of land

S.103 Transfer of Municipal property to Central Government

S.104 Formation of Municipal Fund and it shall be held in trust by Council

S.105 Credit of moneys to Municipal Fund

S.106 Application of Municipal property and Fund

S.107 Repayment of loans

S.108 Custody and investment of Municipal Fund

S.109 Provisions governing the disposal of Municipal property vesting in or under the management of Council

S.110 Contracts by or on behalf of the Council

S.111 [OMITTED]

S.112 [OMITTED]

S.113 [OMITTED]

S.114 Cancellation or modification of arrangement binding permanently or for a number of years

S.115 Power of Council to borrow money

S.116 Annual estimates of income and expenditure

S.117 Power of Council to alter budget grants

S.118 Power of Council to re-adjust income and expenditure during year

S.119 Publication of accounts

S.120 Quarterly abstracts of accounts

S.121 Audit of Municipal Accounts

S.122 Municipal authorities to remedy defects and report

S.122(a) Social Audit

S.123 Duties of Council

S.124 Discretionary powers of Council

S.125 Management of public institutions

S.126 Annual letting value of land or building

S.127 Taxes to be imposed under this Act

S.127(a) Imposition of property tax

S.128 [OMITTED]

S.129 Imposition of taxes and fees

S.130 Abolition or variation in tax

S.131 Power of State Government in regard to relief in taxes

S.132 Power of State Government to grant exemption from taxes

S.132(a) Creation of Infrastructure Development Fund

S.133 Refund of taxes

S.134 Preparation of assessment list

S.135 Persons liable how to be designated if name is not known

S.136 Publication of notice of assessment list

S.137 Public notice of time fixed for lodging objections

S.138 Investigation of objections by Chief Municipal Officer

S.139 Appeal to Civil Judge

S.140 Authentication of assessment list when all objections disposed of

S.141 Power of Council to amend assessment list

S.142 Entries in assessment list to be final

S.143 Notice of increase of rent

S.144 Notice to be given of demolition of building

S.145 Failure to give notice of increase of rent

S.146 New assessment list need not be prepared every year

S.147 Responsibility for payment of property tax

S.148 Right of occupier to recover from owner

S.149 [OMITTED]

S.150 Notice of transfer of title, when to be given

S.151 Form of notice of transfer of titles

S.152 [OMITTED]

S.153 [OMITTED]

S.154 [OMITTED]

S.155 [OMITTED]

S.156 Tables for tolls to be shown on demand

S.157 Procedure in case of non-payment of tolls or octroi

S.158 [OMITTED]

S.159 [OMITTED]

S.160 Recovery by public auction or private contract

S.161 Method of assessment of duty on transfer of immovable property

S.162 Power of State Government to require Council to impose taxes

S.163 Tax not invalid for defect of form

S.164 Presentation of bills for taxes, rent and other claims

S.165 General power of recovery of arrears

S.166 Extent of special provisions of recovery tuxes

S.167 In what cases warrant may issue

S.168 Sale of goods distrained

S.169 Sale outside Municipal area

S.170 Fees and costs chargeable

S.171 Summary proceedings against persons about to leave Municipal limits

S.172 Appeal to Civil Judge

S.173 Amount of tax, etc. to be final

S.174 Liability of buildings, lands, etc., for taxes

S.175 Receipts to be given for all payments

S.176 [OMITTED]

S.177 Saving

S.178 Writing off of irrecoverable sums due to Council

S.179 Powers regarding public streets, etc.

S.180 Powers to require repair, etc., of private streets

S.181 Powers to declare private street a public street

S.182 Notice to be given of intention to lay out lands for buildings or for private streets

S.183 Regular line of public street

S.184 Setting back projecting buildings

S.185 Roofs and external walls of building not to be made of inflammable materials

S.186 Level of buildings

S.187 Notice of new buildings

S.187(a) Compounding of offences of construction of buildings without permission

S.187(b) Power of State Government to cancel or revise permission for construction of a building

S.187(c) Relaxation in compounding the unauthorised construction

S.188 Right of compensation

S.189 Procedure where bye-laws not framed

S.190 Power to refuse permission if land is proposed to be acquired

S.191 Completion certificate and permission to occupy for use

S.192 Regulation of huts

S.193 Improvements of huts

S.194 Permission necessary for certain projections

S.195 Troughs and pipes for water

S.196 Fixing of brackets, etc., to houses

S.197 Naming streets and parks and numbering houses

S.198 Penalty for defacing buildings, etc

S.199 Removal and trimming of hedges, trees, etc

S.200 Municipal control over drains, etc

S.201 Power for making and repairing drains

S.202 Consent of other local authority

S.203 Power to require sufficient drainage of houses

S.204 Septic tanks and sanitary latrines

S.205 New building not to be erected without drains

S.206 Power of owners and occupiers of buildings or lands to drain into Municipal drains

S.207 Right to carry drain through land or into drain belonging to other persons

S.208 Provision of privies, etc

S.209 Power to require owners to keep drains, etc., in proper order, or to demolish or close privy or cess-pool

S.210 Power to close existing private drains

S.211 Power in respect of sewers, etc., unauthorisedly constructed, rebuilt or unstopped

S.212 Encroachment on Municipal drains

S.213 Inspection of drains, etc

S.214 Municipal Council may execute certain works without allowing person concerned to do so

S.215 Sanitary and dug-well latrines

S.216 Service privies

S.217 Common privies

S.218 Distance from water-supply

S.219 Power of carrying water mains

S.220 Powers and duties with regard to dangerous, stagnant or unsanitary sources of water-supply

S.221 Ruinous or dangerous buildings, precautionary measures

S.222 Displacing pavements, etc

S.223 Prohibition of obstruction in streets

S.224 Hoards to be set up during repairs etc

S.225 Fencing and lighting during repairs, etc

S.226 Timber, etc. nut to be deposited or hole made in street without permission

S.227 Dangerous quarrying

S.228 Prohibiting lopping of branches etc. of trees

S.229 Buildings or rooms in buildings unfit for human habitation

S.230 Power to enter and inspect, etc. buildings

S.231 Special powers which may be conferred by State Government in respect of over-crowded area

S.232 Investigation and action

S.233 Removal of nuisances

S.234 Person responsible for causing nuisance

S.235 Condition causing nuisance to be rectified by alteration, reconstruction or demolition

S.236 Depositing dust, etc., committing nuisance

S.237 Power to prohibit collection of inflammable materials or lighting fires

S.238 Power to prohibit unsanitary cultivation

S.239 Discharging sewage, etc

S.240 Non-removal of filth, etc

S.241 Removal of night-soil, etc

S.242 Filthy building, etc.

S.243 Dustbin for refuse and garbage

S.244 Cleaning of roads and roadside drains

S.245 Equipments and vehicles

S.246 Using offensive manure, etc

S.247 Provision of bathing places

S.248 Bathing places

S.249 Regulation of washing of clothes by washermen

S.250 Fouling water

S.251 Abatement of nuisance from wells, etc

S.252 Provisions as to dogs

S.253 Provisions as to keeping of pigs

S.254 Tethering cattle, etc

S.255 Consumption of smoke

S.256 Feeding animals on filth

S.257 Playing any game causing annoyance

S.258 Prohibiting spitting on public streets, etc

S.259 Establishment of markets

S.260 Licensing markets

S.261 Water supply and sanitary conveniences

S.262 Opening, closing and letting of markets and slaughter-houses

S.263 Power to remove persons from Municipal markets

S.264 Places for slaughter of animals for sale

S.265 Power to regulate slaughter of animals not for sale

S.266 Inspection before and after slaughter

S.267 Licensing of butcher

S.268 Licensing and conditions for sale of certain articles of food and drinks

S.269 Search for and inspection of unwholesome articles

S.270 Presumption in prosecution

S.271 Model dairy by Council

S.272 Licensing of diaries

S.273 Inspection of dairies and domestic cattle

S.274 Duties of Council in respect of diseases among cattle, sheep and goats

S.275 Registration of all births, deaths and marriages

S.276 Reporting of births and deaths

S.277 Reporting by medical attendants

S.278 Penalty for neglect or refusal

S.279 Council to provide places for recreation

S.280 Pasture lands

S.281 Hours and closures of Gardens, play grounds and General Pastures land

S.282 Reservation of certain areas for special purposes of public utility

S.283 Regulation of certain trades

S.284 Provision of sanitary conveniences

S.285 Prohibition of use of steam whistles, etc

S.286 Establishment and maintenance of Fire Brigade

S.287 Power of Fire Brigade and other persons for suppression of fires

S.288 Prohibition from begging for alms

S.289 Special provision with respect to disposal of bodies of dead animals

S.290 Power over disorderly houses and prostitutes

S.291 Brothels

S.292 Control of prostitution

S.293 Provisions of this part to be in addition to Central Act No. 104 of 1956

S.294 Service of notices, addressed to individuals

S.295 Relief to agent, receiver and trustees

S.296 Punishment for disobedience to orders and notices not punishable under any other section

S.297 General penalty

S.298 Council, in default of owner or occupier, may execute works and recover expenses

S.299 Occupier, in default of owner, may execute work and deduct expenses from his rent

S.300 Proceedings, if any occupier opposes the execution of the Act

S.301 Summary powers regarding certain offences

S.302 Entry for inspection

S.303 Arbitration in cases of compensation, etc

S.304 Costs or expenses how determined and recovered

S.305 Certain sections when to take effect in the case of Nagar Panchayat

S.306 Certain powers of Council to be exercised by President and Chief Municipal Officer

S.307 Appeal against orders of President and Chief Municipal Officer

S.308 Appeals against orders of Council, President and Chief Municipal Officer in Nagar Panchayat

S.309 Stay by appellate authority

S.310 Procedure to be followed by Council, Appeal Committee or Collector

S.311 Pending cases

S.312 Power to institute legal proceedings and obtain legal advice

S.313 Council may prosecute

S.314 Distress lawful though defective in form

S.315 Damage to Municipal property how made good

S.316 Alternative procedure by suit

S.317 Power to compound offence

S.318 Indemnity for acts done in good faith

S.319 Bar of suit in absence of notice

S.320 Powers of police to arrest offenders

S.321 Police protection at fairs, etc

S.322 Power of inspection and supervision

S.323 Power to suspend execution of orders, etc. of Council

S.324 Extraordinary powers in case of emergency

S.325 Power to prevent extravagant establishment

S.325(a) Public opinion to be obtained

S.326 Enquiry into Municipal matters

S.327 Power to provide for performance of duties in default of Council

S.328 Power to dissolve Council

S.329 Power to demand punishment and dismissal

S.330 Control of State Government

S.331 Power of State Government of revision

S.332 Power of review

S.333 Enforcement of order

S.334 Dispute between Council and other local body

S.335 Deputation of Government servants

S.336 Powers of Chief Municipal Officer to be exercised by President in certain cases

S.337 [OMITTED]

S.337(a) [OMITTED]

S.338 Agency for execution of public works

S.339 Requisition of services in cases of emergencies

S.339(a) Registration of colonizer or builder

S.339(b) Development of colonies

S.339(c) Punishment for illegal colonization

S.339(d) Punishment for abetment of the offence of illegal diversion of land or illegal colonization

S.339(e) Competent Authority to take over the management of the land of illegal colonization

S.339(f) Forfeiture of the land involved in illegal colonization

S.339(g) Punishment for not taking action against illegal colonization

S.340 [OMITTED]

S.341 [OMITTED]

S.342 [OMITTED]

S.343 [OMITTED]

S.344 [OMITTED]

S.345 Delegation of powers

S.346 Power to remove difficulties

S.347 Mode of proof of Municipal records

S.348 Restriction on the summoning of Municipal servants to produce documents

S.349 Fees for licences and permissions

S.350 Contribution by State Government to Municipal Fund in certain cases

S.351 Power of State Government to declare any area to be sanitary zone

S.352 Public servants

S.353 Prohibition of remuneration to Councillors

S.354 Inspection of Municipal works by Councillors

S.355 Power to make rules

S.356 General provisions regarding rules

S.357 General provisions regarding bye-laws

S.358 Power to make bye-laws

S.359 Model bye-laws

S.360 Copies of rules and bye-laws, etc., to be kept for inspection and sale

S.11 [OMITTED]

S.12 [OMITTED]

S.13 [OMITTED]

S.14 [OMITTED]

S.15 [OMITTED]

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