Use our app for the best experience
Available for Android & iOS
MADHYA PRADESH MUNICIPALITIES ACT, 1961
THE MADHYA PRADESH MUNICIPALITIES ACT, 19611
[Madhya Pradesh Act No. 37 of 1961]
[5th Nov. 1961]
PREAMBLE
An Act to consolidate and amend the law relating to Municipalities and to make better provision for the organisation and administration of Municipalities in Madhya Pradesh.
Be it enacted by the Madhya Pradesh Legislature in the Twelfth year of the Republic of India as follows :--
____________________
1. Received the assent of the President on the 5-11-1961; published in the Madhya Pradesh Gazette (Extraordinary), dated 20-11-1961.
(1) This Act may be called the Madhya Pradesh Municipalities Act, 1961.
(2) It extends to the whole of Madhya Pradesh.
1[(3) It shall apply to the smaller urban area or a transitional area, as the case may be, from the date on which they are notified as such under Section 5.]
____________________
1. Inserted by Madhya Pradesh Act No. 18 of 1997.
(1) The Central Provinces and Berar Municipalities Act, 1922 (II of 1922), the Madhya Bharat Municipalities Act, 1954 (I of 1954), the Vindhya Pradesh Municipalities Act, 1946, and the Bhopal State Municipalities Act, 1955 (III of 1956), are hereby repealed.
(2) Notwithstanding such repeal--
(i) all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area Committees constituted. Committees or Sub-Committees constituted, or appointed, limits defined, appointments, rules, orders, and bye-laws made, notifications and notices issued, taxes imposed or assessed, fees fixed, contracts entered into, suits instituted and proceedings undertaken or any other things done or action taken under the said Acts or any enactment thereby repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to
In this Act unless the context otherwise requires :--
(1) "assessment list" means any municipal assessment register prepared and maintained in accordance with the provision of this Act or rules made thereunder and includes any register subsidiary thereto;
(2) "building" includes a hut, shed or other enclosure whether used as a human dwelling or otherwise, and shall include wells, walls, verandahs, fixed platforms, plinths, doorsteps and the like but shall not include a tent or a temporary shed erected on ceremonial or festival occasions;
(3) ''building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed;
(4) "bye-law" means a bye-law made
In this Act unless the context otherwise requires :--
(1) "assessment list" means any municipal assessment register prepared and maintained in accordance with the provision of this Act or rules made thereunder and includes any register subsidiary thereto;
(2) "building" includes a hut, shed or other enclosure whether used as a human dwelling or otherwise, and shall include wells, walls, verandahs, fixed platforms, plinths, doorsteps and the like but shall not include a tent or a temporary shed erected on ceremonial or festival occasions;
(3) ''building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed;
(4) "bye-law" means a bye-law made
4. 1[***]
__________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[5. Constitution of Municipal Councils and Nagar Panchayats.--
(1) There shall be constituted :--
(a) a Municipal Council for a smaller urban area; and
(b) a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area :
Provided that a Municipal Council or a Nagar Panchayat -as the case may be, may not be constituted in such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment or a group of such establishments in that area and such other factors as he may deem fit, by public notification specify to be an industrial township :
4[5A. Power of Governor to include or exclude certain area.--
(1) The Governor may by notification in the Gazette, declare the intention to include within or exclude from the limits of a municipal area, any specified area.
(2) If the local authority having jurisdiction in the said area or any person resident therein, objects to such declaration, such authority or person may submit an objection in writing to the Collector within a prescribed period and the Governor shall take such objection into consideration.
(3) When the said period has expired and the Governor has considered the objection under sub-section (2), the Governor may by notification include within or exclude from the limits of a municipal area, any specified area :
Provided that when an
Every notification under Section 5 1[or Section 5-A] shall be published in the Official Gazette and in at least one Hindi newspaper having circulation in the area to which it relates and also by posting a copy thereof--
(a) in a conspicuous place in the office of the Collector;
(b) in a conspicuous place in the office of the Municipality, if any, affected by the notification; and
(c) in such conspicuous place in the area affected by the notification as the Collector may deem fit.
____________________
1. Inserted by Madhya Pradesh Act No. 17 of 1994.
When any local area ceases to be a Town Area under the Bhopal State Town Area Act, 1954 (XIV of 1954), or a Panchayat under the Panchayat Law and immediately following such cessation a Municipality is established under Section 5 for such area, then, as from the date of establishment of the Municipality (hereinafter in this section referred to as the specified date) the following consequences shall ensue, namely :--
(a) the Town Area Committee or the Panchayat, as the case may be, shall cease to exist;
(b) there shall be constituted a committee in accordance with the provision of Section 16 to exercise the powers of the Council pending its constitution;
(c) the unexpended balance of the Town Area Fund or the Panchayat Fund and the property (including arrears of rates, taxes, rents and fees) bel
When a local area has been included in a Municipality by a notification under 1[Section 5-A], all notifications, rules, bye-laws, orders, directions, notices and powers made, issued or conferred under this Act and in force throughout the Municipality at the time, shall, unless the State Government, by notification otherwise directs apply to such local area.
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
(1) When a local area is excluded from a Municipality by a notification published under 1[Section 5-A] :--
(a) all notifications, rules, bye-laws, directions, notices and powers made, issued or conferred under this Act shall cease to apply thereto; and
(b) the State Government shall frame a scheme determining what portion of the balance of the Municipal Fund and all other property vested in the Council shall, on such exclusion, vest--
(i) where such area is included within the limits of any other local authority, in such local authority; and
(ii) in any other case, in the State Government, and in what manner the liability of the Council shall be apportioned between the Council and any such local authority or the State Government, as the case may be,
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
(1) When an area is declared to be a Municipality for the first time under this Act, the State Government, shall, by notification, constitute a Committee consisting of a President, 1[a Vice-President] and such number of members as it may deem fit and such a Committee shall be deemed to be a Council for the purposes of this Act:
Provided that no person shall be appointed as President or Vice-President or member of such a Committee who is ineligible to hold such office in the Council under this Act.
2[(2) A Committee constituted under sub-section (1) shall continue to function until a Council is constituted under this Act or until the expiration of six months from the date of its constitution which is earlier.]
(3) The State Government may, by notification, at any time remove the President, Vice
Every Council shall demarcate the boundaries of the Municipality by permanent boundary marks in such manner as may be prescribed by rules and shall be responsible for the maintenance and repairs thereof.
1[ Every Municipality constituted under Section 5 of this Act, shall be a body corporate by the name of the Municipal Council or Nagar Panchayat, as the case may be, and shall have perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable and subject to the provisions of this Act or any rules made thereunder, to transfer any property held by it and to contract and to do all other things necessary for the purposes of this Act and may sue and be sued in its corporate name.]
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
1[(1) A Municipal Council or a Nagar Panchayat, shall consist of--
(a) President, that is Chairperson, elected by direct election from the Municipal area;
(b) Councillors elected by direct election from the wards;
(c) Not more than four persons in the case of Municipal Councils and not more than two persons in the case of Nagar Panchayats having special knowledge or experience in Municipal Administration nominated by the State Government :
Provided that only a person residing within the Municipal area and being otherwise not ineligible for election as a Councillor may be nominated.
(d) Members of the House of the people and the Members of the Legislative Assembly of the State representing constituencies w
Section 19 of the Madhya Pradesh Municipalities Act, 1961, governs the composition of municipal councils and related provisions concerning the nomination of members with special knowledge or experience. It plays a crucial role in ensuring representation of knowledgeable persons in municipal governance, supplementing elected bodies with nominated members to enhance administrative expertise.
Section 19 stipulates that a municipal council or Nagar Parishad shall include a specified number of nominated members possessing "special knowledge or experience in municipal administration." The number varies depending on the type of municipal body:- For Municipal Councils: Not more than four persons.- For Nagar Parishads: Not more than two persons.These members are nominated by the State Government, and only those residing within the municipal area and eligible for election can be nominated.
Section 19 itself does not prescribe specific punishments. However, nominations made in violation of statutory provisions or based on malafide or illogical decisions can be challenged in courts. If nominations are found to be illegitimate, courts may declare such nominations invalid, leading to legal consequences regarding the composition of the council.
Note: This commentary synthesizes judicial interpretations and statutory provisions as reflected in the provided sources, emphasizing the limited scope of judicial review over nominations under Section 19 of the Madhya Pradesh Municipalities Act, 1961.
(1) No election or 1[nomination] under this Act shall be called into question except by a petition presented in accordance with the provisions of this section.
(2) Such petition may be presented on one or more of the grounds specified in Section 22 :
(a) by any candidate at such election or 1[nomination]; or
(b) (i) in the case of an election of a Councillor, by any voter of the ward concerned;
(ii) in the case of a 2[nomination] of Councillor, by any Councillor;
3[(iii) in the case of election of President by any voter of the Municipal area,]
to the District Judge, where such election or 1[nomination] is held within the revenue district in which the Court of t
(1) A petitioner may claim--
(a) a declaration that the election or 1[nomination] of all or any of the returned candidates is void; and
(b) in addition thereto a further declaration that he himself or any other candidate has been duly elected.
(2) The expression "returned candidate" means a candidate whose name is notified in the Gazette under Section 45.
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
22. Grounds for declaring election or 1[nomination] to be void.--
(1) Subject to the provisions of sub-section (2) if the Judge is of the opinion--
(a) that on the date of election or 1[nomination] a returned candidate was not qualified or was disqualified, to be chosen as a 2[President or a Councillor]; or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent;
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election or 1[nomination], in so far as it concerns a returned candidate, has been materially affected--
(
An election petition, shall be enquired into and disposed of according to such summary procedure as may be prescribed by rules made under this Act.
(1) At the conclusion of the trial of an election petition the Judge shall make an order--
(a) dismissing the election petition; or
(b) declaring the election or 1[nomination] of all or any of the returned candidates to be void; or
(c) declaring the election or 1[nomination] of all or any of the returned candidates to be void and the petitioner and any other candidate have been duly elected or 1[nominated].
(2) If any person who has filed an election petition has, in addition to calling in question the election or 1[nomination] of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected or 1[nominated] and the Judge is of opinion--
(a) that in fact the petit
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election or 1[nomination] and that an addition of a vote would entitle any of those candidates to be declared elected or 1[nominated], then the Judge shall decide between them by lot and proceed as if the one on whom the lot fell had received an additional vote.
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
(1) No appeal shall lie against the decision of the Judge on the petition.
(2) Any person aggrieved by the decision of the Judge on the petition may, within thirty days from the date of such decision, apply to the High Court for revision on any of the following grounds :--
(a) that the decision is contrary to law;
(b) that the Judge has exercised jurisdiction not vested in him by law or has failed to exercise a jurisdiction vested in him by law, but subject to such orders as the High Court may pass thereon, such decision shall be final.
If any person, after the commencement of this Act, is, upon the trial of an election petition thereunder, found guilty of any corrupt practice, he shall, for a period of five years from the date on which such finding takes effect, be disqualified for voting at any election :
Provided that the State Government may, by notification, remove the disqualification incurred under this section with effect from such date as may be specified therein.
The following shall be deemed to be corrupt practices for the purpose of this Act:--
(i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);
(ii) Undue influence as defined in clause (2) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);
(iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols, or the use of or appeal to, national symbol, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election 1[***].
(iv) The pu
1[(1) The State Government shall from time to time, by notification in the official gazette, determine the number and extent of wards to be constituted for each Municipality :
Provided that the total number of wards shall not be more than forty and not less than fifteen.
(2) Only one Councillor shall be elected from each ward.
(3) The formation of the wards shall be made in such a way that the population of each of the wards shall, so far as practicable, be the same throughout the Municipal area and the area included in the ward is compact.
(4) As soon as the formation of wards of a Municipality is completed, the same shall be reported by the State Government to the State Election Commission.
(5) 2[***]
1[(1) Out of the total number of wards determined under sub-section (1) of Section 29, such number of seats shall be reserved for Scheduled Castes and Scheduled Tribes in every Municipality as bears as may be, the same proportion to the total number of seats to be filled by direct election in the Municipality as the population of the Scheduled Castes or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such wards shall be those in which the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, is most concentrated.
(2) As nearly as possible twenty-five per cent of the total number of wards shall be reserved for Other Backward Classes in such Municipalities where fifty per cent or less seats are reserved for Scheduled Castes and Schedules Tribes, and such seats shall be allotted by rotation to different wards in su
1[(1) Out of total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, in the State, such number of offices of Presidents shall be reserved for Scheduled Castes and Scheduled Tribes, as shall bear the same proportion, as nearly as possible, as the population of each of these categories within the limits of all the Municipal Councils and Nagar Panchayats, as the case may be, in the State bears to the total population.
(2) As nearly as possible, twenty-five per cent of the total number of offices of Presidents of Municipal Councils and Nagar Panchayats, as the case may be, shall be reserved for Other Backward Classes.
(3) As nearly as possible 2[fifty percent] of the total number of offices of Presidents reserved under sub-sections (1) and (2) shall be reserved for women belonging to the Schedule
1[ Subject to the provisions of Section 31, every person who--
(a) is not less than eighteen years of age on the 1st day of January of the year in which the electoral roll for a ward is prepared or revised;
(b) is ordinarily resident in the ward within the meaning of Section 20 of the Representation of the People Act, 1950 (No. 43 of 1950) subject to the modification that reference to "Constituency" therein were a reference to "area comprised in ward"; and
(c) is otherwise qualified to be registered in the Assembly roll relatable to the ward, shall be entitled to be registered in the electoral roll of that ward :
Provided that--
(i) no person shall be entitled to be registered in the electoral roll for mo
1[(1) A person shall be disqualified for registration in the electoral roll if he--
(a) is not a citizen of India; or
(b) is of unsound mind and stands so declared by a competent Court; or
(c) is convicted of an offence under the Protection of Civil Rights Act, 1955 (No. 22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, elapsed since his conviction; or
(d) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with election.
(1-A) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll
1[(1) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of 2[all elections of Presidents and Councillors] of the Municipality shall be vested in the State Election Commission.
(2) The State Government shall, in consultation with the State Election Commission, make rules for the preparation of Electoral Rolls and conduct of 2[all elections of Presidents and Councillors] of the Municipality.
____________________
1. Substituted by Madhya Pradesh Act No. 12 of 1995.
2. Substituted by Madhya Pradesh Act No. 18 of 1997.
1[(1) Every candidate at an election of President shall, either by himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both days inclusive.
Explanation I.--Any expenditure incurred or authorised in connection with the election of a President by a political party or by any other association or body of persons or by any individual other than the candidate or his election agent shall not be deemed to be expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purpose of this sub-section.
Explanation II.--For the removal of doubt, it is hereby declared that any ex
Every contesting candidate at an election of President shall, within thirty days from the date of election of the returned candidate lodge with the officer notified by the State Election Commission an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under Section 32-A.
If the State Election Commission is satisfied that a person--
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and
(b) has no good reason or justification for the failure, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for being chosen as, and for being a 1[Councillor or President] of the Municipal Council or Nagar Panchayat, as the case may be 2[for a period not exceeding five years] from the date of the order.]
____________________
1. Substituted by Madhya Pradesh Act No. 29 of 2003, for the word "member".
&nb
The State Election Commission, on making an application within thirty days from the date of publication of the order, passed under clause (b) of Section 32-C in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification.]
____________________
1. Inserted by Madhya Pradesh Act No. 29 of 2003.
1[ Every person registered as a voter in the Municipal electoral Roll, for the time being in operation of a ward, and no person who is not so registered, shall be eligible to vote at any election of the Councillors or President :
Provided that no person shall vote more than once in any election of the Councillors or an election of the President, as the case may be.]
____________________
1. Substituted by Madhya Pradesh Act No. 18 of 1997.
1[(1) Subject to the provisions of this Act, a person who is enrolled in the Municipal electoral roll as a voter, shall be qualified to be a candidate --
(a) for the election of President, if he is not less than 25 years of age; and
(b) for the election of Councillor, if he is not less than 21 years of age.
(2) No person who is a candidate for any one ward shall be a candidate for any other ward.
(3) Any person who ceases to be a President or Councillor shall, if qualified under sub-section (1), be eligible for re-election as such.]
2[(4) If a person is elected for the Office of President and Councillor, both, he shall have to resign from one of the offices within seven days from the date on which he is d
1[No person shall be eligible for election or as a President or election or nomination as a Councillor] if he--
(a) is not a citizen of India; or
(b) is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or
(c) holds any office of profit under the Council or is in the service of any other local authority; or
(d) has been adjudged by a competent Court to be of unsound mind; or
1[(dd) is less than twenty-five years of age, in case of President and is less than twenty one years of age in cases of a Councillor];
(e) is an undischarged insolvent; or
1[(1) If as a result of audit report, or an enquiry or any other proceeding, it comes to the notice of the State Government that any person, while he was holding the office of the President, Vice-President, Chairman or member of a Committee constituted under the Act or a Councillor, has committed such act of commission or omission which, in the opinion of the State Government, would have made his continuance in such office undesirable in the interest of the public or the Municipality, the State Government may, notwithstanding the fact that he has ceased to hold such office, by an order in writing, declare such person to be disqualified for further election 2[or nomination] 3[as a Councillor or President] for such period not exceeding five years as may be specified by the State Government in such order.
(2) No order under sub-section (1) shall be passed unless reasonable opportunity
1[(1) Every Municipality unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer.
(2) An election to constitute a Municipality shall be completed :--
(a) before the expiry of its duration specified in sub-section (1);
(b) before the expiration of a period of six months from the date of its dissolution :
Provided that where the remainder of the period for which the dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Municipality for such period.
(3) A Municipality constituted upon the dissolution of a Municipality before the expiration of its dur
36A. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 32 of 1967.
1[(1) As soon as the office of a President, or a seat of Councillor elected from ward, becomes vacant, or is declared vacant, or the election of President or the Councillor, as the case may be, is declared void, the State Government shall forthwith inform the State Election Commission for filling up the vacancy and the person so elected shall hold office of President or Councillor, as the case may be, only for the remaining period of the Council :
Provided that if the remaining period of the Council is less than six months, such vacancy shall not be filled in.
(2) Until the vacancy in the office of President is filled in under sub-section (1), all the powers and duties of the President shall be performed by such elected Councillor as the State Government may nominate in this behalf: '
Provided
1[(1) If any 2[Councillor or President]--
(a) becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or
(b) becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or
(c) absents himself during six consecutive months from the meetings of the Council, except with the leave of the Council; or
3[(cc) becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C]
(d) becomes incapable of acting; or
(e) acts as 2[Councillor or President] in any
39. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[(1) The Vice-President or any Councillor may resign his office by tendering his resignation in writing to the President, who shall forward the same to the Collector and if the Vice-President or such Councillor, as the case may be, desires he may also send a copy of his resignation directly to the Collector.
(2) On receipt of the resignation, under sub-section (1), the Collector shall--
(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
(3) If it appears to the Collector that any Councillor having become li
1[(1) The Collector may, at any time remove an elected Councillor--
(a) if his continuance as a Councillor, is not, in the opinion of the Collector, desirable in the interest of the Public or of the Council; or
2[(a-1) if it is found that he does not belong to the reserved category for which the seat was reserved; or]
(b) if the Council has, by a resolution supported by at least two-third of the total number of Councillors, recommended that the Councillor is not fit to continue as a Councillor on account of mis-conduct in the discharge of his duties or disgraceful conduct.
(2) The Collector may at any time, remove any elected Councillor if he, being a legal practitioner, acts or appears on behalf of any other person against the Council in any legal
1[(1) The State Government may, at any time, remove a President or Vice-President or a Chairman of any Committee, if his continuance as such is not in the opinion of the State Government desirable in public interest or in the interest of the Council or if it is found that he is incapable of performing his duties or is working against the provisions of the Act or any rules made thereunder or if it is found that he does not belong to the reserved category for which the seat was reserved.
(2) As a result of the order of removal of Vice-President or Chairman of any Committee, as the case may be, under sub-section (1) it shall be deemed that such Vice-President or a Chairman of any Committee, as the case may be, has been removed from the office of Councillor also. At the time of passing order under sub-section (1), the State Government may also pass such order that the President or Vice
1[(1) President may resign his office by tendering his resignation in writing to the Chief Municipal Officer, who shall forward the same to the State Government and if the President desires he may also send a copy of his resignation directly to the State Government.
(2) On receipt of the resignation, under sub-section (1), the State Government shall:--
(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;
(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.
(3) If it appears to the State Government that the President having become liable for removal under Section
A person who ceases to be Councillor shall automatically vacate all the offices in the Council which he holds by virtue of his being such a Councillor.
1[(1) The President and the elected Councillors of the Council shall, 2[***] at it first meeting as referred to in 3[sub-section (1) of Section 55] elect a Vice-President from amongst the elected Councillors in the prescribed manner.
3[(2) The meeting under sub-section (1) shall be presided over by such officer as mentioned in sub-section (2) of Section 55.]
(3) The term of the Vice-President shall be conterminous with the term of the Council]
____________________
1. Substituted by Madhya Pradesh Act No. 18 of 1997.
2. Omitted by Madhya Pradesh Act No. 20 of 1998.
3. Substituted by Madhya Pradesh Act No. 20 of 1998.
1[(1) A Motion of no confidence may be moved against the Vice-President by any elected Councillor at a meeting specially convened for the purpose under sub-section (2) and if the motion, is carried by a majority of two thirds of the elected Councillors present and voting in the meeting and if such majority is more than half of the total number of elected Councillors constituting the Council, the office of the Vice-President, shall be deemed to have become vacant forthwith. A copy of such motion shall be sent by the Chief Municipal Officer to the Collector forthwith for filling up the vacancy :
Provided that no such resolution shall lie against the Vice-President within a period of--
(i) two years from the date on which the Vice-President enters upon his office;
(ii) one year from the date on w
Section 43A of the Madhya Pradesh Municipalities Act, 1961, deals with the procedure and conditions for moving a no-confidence motion against the Vice-President of a Municipal Council. It provides a legal framework for ensuring accountability and proper conduct within municipal governance, specifically targeting the stability of the Vice-President's office.
Note: The references are based on the provided sources, primarily case law and statutory excerpts, to support the legal commentary.
44. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[45. Notification of election of 2[President and Councillors].--
Every election of the 2[President and Councillors] from wards shall be notified by the State Election Commission in the official gazette.]
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
2. Substituted by Madhya Pradesh Act No. 18 of 1997.
46. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No.17 of 1994.
1[(1) Every President of a Council shall forthwith be deemed to have vacated his office if he is recalled through a secret ballot by a majority of more than half of the total number of voters of the municipal area casting the vote in accordance with the procedure as may be prescribed :
Provided that no such process of recall shall be initiated unless a proposal is signed by not less than three fourth of the total number of the elected Councillors and presented to the Collector :
Provided further that no such process shall be initiated :--
(i) within a period a two years from the date on which such President is elected and enters his office;
(ii) if half of the period of tenure of the President elected in a by-election has not expired :
&nbs
(1) The Council may, from time to time, grant such leave of absence to the President or a Vice-President as it may deem tit.
(2) If a President or Vice-President remains absent from office owing to illness or any other cause for a period exceeding three months without the leave of the Council he shall cease to be a President or Vice-President, as the case may be, and his office shall become vacant.
(3) During the absence on leave of the President, the Vice-President and in the like event in the case of a Vice-President, such one of the 1[elected] Councillors as may be elected by them to act as Vice-President, shall discharge the functions of the President or the Vice-President, as the case may be.
(4) The Vice-President or the 1[elected] Councillor shall, during and in respect of the period in
1[(1) The President and the Vice-President shall be deemed to have entered their respective offices from the date of their election and the outgoing President or Vice-President, as the case may be, shall cease to function as President or Vice-President respectively.
(2) The outgoing President or Vice-President shall forthwith hand-over, all papers and property, if any, to his successor, failing which the Collector may by order in writing direct such outgoing President or Vice-President, as the case may be, to handover the required papers and property forthwith.
(3) If the outgoing President or Vice-President to whom a direction has been issued under sub-section (2) does not comply with such direction, he shall be punishable with simple imprisonment for a term which may extend to one month or with fine which may extend to one thousand rup
(1) Subject to the provisions of this Act and the rules and bye-laws made thereunder, the municipal Government of a Municipality shall vest in the Council.
(2) Subject to the restrictions, limitations and conditions imposed by this Act and the rules made thereunder the executive powers for the purpose of carrying out the provisions of this Act shall vest in the Chief Municipal Officer.
(1) It shall be duly of the President of the Council--
(a) to preside, unless prevented by reasonable cause, at all meetings of the Council, and subject to provisions of the rules for the time being in force to regulate the conduct of business at such meetings;
(b) to watch over the financial and executive administration of the Council and perform such executive functions as may be allotted to him by or under this Act;
(c) to exercise supervision and control over the acts and proceedings of all officers and servants of the Council in matters of executing administration and in matters concerning the accounts and records of the Council;
(d) to direct, in cases of emergency, the execution or stoppage of any work or the doing of any act which requires t
It shall be the duty of the Vice-President of the Council--
(a) in the absence of the President and unless prevented by reasonable cause, to preside, at the meetings of the Council and he shall when so presiding exercise the same authority as is vested in the President under clause (a) of sub-section (1) of Section 51;
(b) to exercise such of the powers and perform such of the duties of President as the President may, from time to time, delegate to him; and
1[(c) during the absence of the President, other than casual vacancy, to exercise the powers and perform the duties of the President.]
____________________
1. Substituted by Madhya Pradesh Act No. 20 of 1998.
Within fifteen days from the expiration of each calendar quarter, the Chief Municipal Officer shall--
(a) draw up a list of all Councillors who have failed to pay any tax due by them to the Council within six months from the date on which such tax became due;
(b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
(c) submit a copy of the list to the prescribed authority.
(2) If on the receipt of the notice referred to in sub-section (1), the Councillor fails to pay within the time specified in clause (b) of sub-section (1) the arrears of any tax specified in the notice, he shall, subject to the provisions of Section 35, cease to be a Councillor a
Within fifteen days from the expiration of each calendar quarter, the Chief Municipal Officer shall--
(a) draw up a list of all Councillors who have failed to pay any tax due by them to the Council within six months from the date on which such tax became due;
(b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and
(c) submit a copy of the list to the prescribed authority.
(2) If on the receipt of the notice referred to in sub-section (1), the Councillor fails to pay within the time specified in clause (b) of sub-section (1) the arrears of any tax specified in the notice, he shall, subject to the provisions of Section 35, cease to be a Councillor a
1[ The Council shall meet at least once in every two months and every Committee shall meet at least once in every month for the transaction of its business.]
____________________
1. Substituted by Madhya Pradesh Act No. 18 of 1997.
(1) The Chief Municipal Officer shall, with the approval of the prescribed authority, within one month of every general election, call a meeting of the elected Councillors for the purpose of electing 1[***] a Vice-President.
2[(2) The first meeting of the Council called under sub-section (1) shall be presided over by such officer not below the rank of Deputy Collector in the case of Municipal Council and not below the rank of Tehsildar in the case of Nagar Panchayat, appointed by the Collector and all provisions contained in this Chapter regarding meetings of the Council, shall, as far as may be, apply in respect of such meeting :
Provided that the presiding officer shall not have right to vote at such meeting and in case of equality of votes, the result shall be decided by lot.
______________
(1) A meeting of Council shall be either ordinary or special.
(2) The date of every meeting, except the meeting referred to in 1[Section 43,43-A, 47, 55 or 71], shall be fixed by the President, or in the event of his being incapable of acting, by the Vice-President, and in the like event in his case, by the Chief Municipal Officer.
(3) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be despatched to every Councillor and exhibited at the Municipal Office seven clear days before an ordinary meeting and three clear days before a special meeting.
(4) No business other than that specified in the notice relating thereto shall be transacted at a meeting.
____________________
1[ The President or in the event of his being incapable of acting, the Vice-President, may, whenever he thinks fit, call a special meeting and shall be bound to do so within two weeks of the receipt of a written requisition signed by not less than one third of the total number of elected Councillors :
Provided that if on receipt of requisition the special meeting is not convened within the stipulated time by the President or the Vice-President, as the case may be, the Chief Municipal Officer shall convene such meeting under intimation to the State Government.]
____________________
1. Substituted by Madhya Pradesh Act No. 18 of 1997.
Every meeting of the Council shall ordinarily be held in premises used at Municipal office of such Council.
At every meeting of a Council, the President, if present or in his absence or during the vacancy of his office, a Vice-President and if there be no President or Vice-President present then such one of their member as 1[the elected Councillors] present may elect, shall preside as Chairman.
____________________
1. Substituted by Madhya Pradesh Act No. 12 of 1995.
(1) Subject to rules framed under this Act, every meeting of the Council shall ordinarily be open to the public :
Provided that the Council may temporarily exclude the public from a meeting as often as it may deem necessary when in the opinion of a majority of the Councillors present at such meeting, expressed by resolution, in view of the special nature of the business then being dealt with or about to be dealt with, such exclusion is advisable.
(2) Such resolution shall be put by the presiding authority of its own motion or at the request of any Councillor, without previous notice or discussion.
(3) Nothing in this section shall be construed to limit or abridge the power of the presiding authority at any time to cause any person who interrupts proceeding to be removed.
(1) No business shall be transacted at a meeting unless a quorum of one-third of the total number of Councillors 1[***] be present throughout the meeting.
(2) If there be no quorum present at a meeting at any time from the beginning to the end thereof the presiding authority shall, after waiting for not less than fifteen and not more than 30 minutes, adjourn the meeting to such hour on the following or some other future day as it may reasonably fix. A notice of such adjournment shall be fixed up in the Municipal Office, and the business which would have been brought before the original meeting had there been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjournment thereof, whether there be a quorum present or not.
(3) No business other than the business fixed f
(1) Minutes of the proceedings at each meeting of a Council or any of its Committee shall be drawn up in Hindi written in Devanagri script and recorded in a book to be kept for the purpose separately for the Council and each of its Committees and shall be signed by the Chairman of meeting or of the next ensuing meeting.
(2) The minutes of the Council shall be published in the manner prescribed and shall at all the reasonable times and without charge be open to the inspection by any habitant of the Municipality.
(3) The minutes of the proceedings recorded under sub-section (1) shall include--
(i) the name of Councillors present;
(ii) the decision of a a meeting on every question considered; and
(iii) when
1[ Except as otherwise provided by or under this Act, all questions brought before any meeting held under this Act, shall be decided by majority of the votes of the President and elected Councillors present and in the case of an equality of votes the presiding authority of the meeting shall have a second or casting vote Provided that in the case of equality of votes in the election of the Vice-President, or the Chairman of any Committee, the presiding authority shall not exercise his casting vote and the result shall be decided by lot.]
____________________
1. Substituted by Madhya Pradesh Act No 18 of 1997.
1[ The Council may remove any member of a Committee by majority of atleast two thirds of the elected Councillors, on the recommendation of such Committee, and may elect a new member in its place, in accordance with the provisions of the Act.]
____________________
1. Inserted by Madhya Pradesh Act No. 18 of 1997.
(1) Any meeting of the Council may with the consent of a majority of the 1[elected] Councillors present, be adjourned, from time to time, to a latter hour of the same day or to any other date; but except as provided in sub-section (3) of Section 61 no business other than that left over at the adjournment meeting shall be transacted at the next meeting.
(2) Notwithstanding anything contained in sub-section (1) if the presiding authority finds it impossible to continue the proceeding due to unruly behaviour of the 1[elected] Councillors it may, after making an announcement to that effect in the meeting, adjourn the meeting and business transacted in a meeting, if any, held by a majority of 1[elected] Councillors immediately after such adjournment shall be null and void.
(3) A notice of adjournment of a meeting under sub-section (1) or sub-
No resolution of a Council shall be modified or cancelled within three months after the passing thereof except by a resolution supported by not less than two-thirds of the total number of 1[elected] Councillors and passed at an ordinary meeting, whereof notice shall have been given setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.
____________________
1. Inserted by Madhya Pradesh Act No. 17 of 1994.
Except for reasons which the presiding authority deems emergent no business relating to any work which is being executed for the Council by the Government Executive Engineer shall be transacted at any meeting of a Council unless at least fifteen days previous to such meeting, a letter has been addressed to the said Executive Engineer informing him of the intention to transact such business thereat, and of the motions or propositions to be brought forward concerning such business.
____________________
1. Inserted by Madhya Pradesh Act No. 17 of 1994.
The Collector and such other officers as the State Government may, by general or special order, appoint in this behalf shall be entitled to attend any meeting of a Council within their jurisdiction, address it on any matter affecting the work of their departments and take part in the proceedings relating thereto but shall not be entitled to vote.
Subject to any directions that may be issued by the State Government in this behalf, a Council may require any officer of the Public Works, Education, Medical, Public Health or of such other department as the State Government may specify serving in the district in which the area of the Municipality concerned, is included to attend any meeting of such Council and to tender advice in respect of any matter which concerns the department to which such officer belongs, and every such officer shall comply with such requisition :
Provided that such officer may, if he is unable to present himself at the meeting on account of sickness or any other reasonable cause, depute any one of his subordinate officers to attend the meeting.
The Chief Municipal Officer shall be present at every meeting of the Council and may explain or make a statement in regard to any subject under discussion at such meeting, but shall not be entitled to vote.
1[(1) There shall be a President-in-Council for every Council which shall be constituted by the President from amongst the elected Councillors within seven days from the date of election of Vice-President under Section 43.
(2) The President-in-Council shall consist of the President and seven members in case of Municipal Council and five members in case of Nagar Panchayat.
(3) The members of the President-in-Council shall hold office during the pleasure of the President.
(4) Each Council shall have such departments as may be prescribed and member of the President-in-Council shall be made incharge of such departments by the President.
(5) The President shall be the Ex-officio Chairman of the President-in-Council and shall preside over the meeting of t
1[ After the first meeting of the Council under Section 43 the President shall constitute the Advisory Committees for every department of the Council from amongst the elected Councillors other than the Councillors included as member in the President-in-Counil to advise in the affairs of the department concerned.
(2) Each Advisory Committee shall consist of five members in case of a Municipal Council and three members in case of a Nagar Panchayat.
(3) The member of the President-in-Council incharge of the department shall convene and preside over the meeting of the Advisory Committee relating to the department concerned at least once in every two months. The member of the President-in-Council incharge of the department may take into consideration the suggestions made in the meeting of the Advisory Committee.]
&n
A Council may also elect from time to time and for such period as it may think fit, Consultative Committees consisting of such number of Councillors as it may think fit and the Council or the President may refer to any such Committees for inquiry and report, or for opinion, any matter, relating to the purposes of this Act.
1[(1) If the Council decides to constitute the Wards Committees, the same may be constituted in the area of a Municipal Council or Nagar Panchayat.
(2) The Council shall be competent to determine the number of Wards Committees to be constituted within the area of a Municipal Council or Nagar Panchayat, as the case may be and the territorial area of each such Wards Committees :
Provided that the wards included in the territorial area of a Wards Committee shall be contiguous.
(3) Every elected Councillor representing a Wards Committee and two person residing within the territorial area of such Wards Committee as may be nominated by the President shall be the members of that Committee :
Provided that only a person who is eligible for election as a Coun
(1) In every Municipal area which is notified by the State Government in this behalf, the Mohalla Committees shall be constituted within three months from the date of notification.
(2) The number of Mohalla Committees and the number of members shall be such as the State Government may, by order, prescribe from time to time.
(3) The elected Councillor of ward concerned shall be a member in all the Mohalla Committees within the territorial area of any Ward.
(4) The Council shall be competent to determine the territorial area of Mohalla Committees :
Provided that the Mohallas included in the territorial area of any Mohalla Committee shall be contiguous.
(5) The State Government shall prescribe the function a
Any member of a Committee, who absents himself from all meetings of any Committee of which he is a member during three consecutive months without the permission of the President shall cease to be a member thereof, and his office as such member shall become vacant, and he shall not be eligible for re-election to such Committee during the unexpired term thereof.
If any casual vacancy occurs in the office of a member of any Committee, the Council shall, as soon as may be after the occurrence of such vacancy, elect one of its members to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor.
1[ The President or in his absence the Vice-President shall be the Chairman of every Committee, if they are members of any such Committee. In case the President or the Vice-President are not members of such Committee, the Committee shall elect one from amongst its elected Councillors to be the Chairman thereof. If the Chairman is absent, the members of the Committee shall choose one from amongst its elected Councillors to preside.]
____________________
1. Substituted by Madhya Pradesh Act No. 12 of 1995.
(1) A Committee may meet and adjourn as often as it think proper but the Chairman of the Committee may whenever he thinks fit and shall upon the written request of the President of the Council or of at least two members of the Committee call a special meeting of such Committee.
(2) If the Chairman of any Committee remains absent from the Municipal area for a period exceeding fifteen days or if he fails to call a meeting of the Committee within the prescribed period upon the written request of the President or at least two members of the Committee the President or in the absence of the President, the Vice-President may call a meeting thereof.
(3) Every meeting of a Committee shall, except for special reasons to be mentioned in the notice convening the meeting, be held in the buildings used as Municipal office.
&
(1) Every Committee shall conform to any instructions that may, from time to time, be given to it by the Council.
(2) The Council may, at any time, call for any extract from any proceedings of any Committee, and for return, statement, account or report concerning or connected with any matter with which the Committee is empowered by this Act to deal and every such requisition shall be complied with by such Committee without unreasonable delay.
Any powers or executive functions which may be exercised or performed by or on behalf of the Council may, in accordance with the rules made under this Act, be delegated by the Council to the President or Vice-President or to the Chairman of the 1[Committees], or to one or more stipendiary or honorary officers, but without prejudice to any powers that may have been conferred on the Chief Municipal Officer by or under Section 92.
____________________
1. Substituted by Madhya Pradesh Act No. 20 of 1998.
(1) A Council may, from time to time :--
(a) join with any other Council or with any local authority or with more than one such local authorities--
(a) in appointing, out of their respective bodies, a joint Committee for any purpose in which they are jointly interested, and in appointing a Chairman of the joint Committee;
(ii) in delegation to any such joint Committee power to frame terms binding on each such body as to the construction and the future maintenance of any joint works, and in delegating any power which might be exercised by either or any of such bodies; and
(iii) in framing and modifying bye-laws for regulating the proceeding of any such joint Committee relating to the purpose for which the joint Committee is appointed; and
&n
No act or proceeding of the Council or any of its Committees shall be invalid by reason merely of the existence of any vacancy in, or defect in the constitution of the Council or the Committee, as the case may be.
Until the contrary is proved--
(i) every meeting of the Council or any of its Committees shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and
(ii) where the meeting is a meeting of the President-in-Council such Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.
(1) The presiding authority shall preserve order and may, direct any Councillor whose conduct in its opinion is disorderly to withdraw immediately from the meeting of the Council; and any Councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting; and if he is ordered a second time within fifteen days to withdraw; the Council may suspend him for any period not exceeding fifteen days and he shall absent himself from meetings accordingly :
Provided that the Council may remit the suspension on receiving apology to its satisfaction from the Councillor under suspension :
Provided further that the suspension shall not prevent any Councillor for serving on any Committee.
(2) The presiding authority may, in case of grave disorder arising
Every Councillor shall be personally liable for the misapplication of any fund or property of the Council to which he shall have been a party or which shall have happened through or been facilitated by gross neglect of his duty as a Councillor and may be sued for recovery of the money or property so misappropriated or loss suffered thereby either by the Council or the State Government :
Provided that no Councillor shall be personally liable in respect of any contract or agreement made or for any expense incurred by or on behalf of a Council and the Municipal Fund shall be liable for and be charged with all costs in respect of any such contract or agreement and all such expenses.
Any Councillor who knowingly acquires directly or indirectly any share or interest in any contract or employment with, under, by or on behalf of the Council of which he is a member, not being a share or interest which it is permissible under Section 35 to have without being thereby disqualified from being a Councillor, shall be liable to be punished with fine which may extend to five hundred rupees.
No Councillor shall vote on, or take any part in the discussion of any matter in which he has directly or indirectly any pecuniary interest.
No Councillor shall vote on, or take any part in the discussion of any matter in which he has directly or indirectly any pecuniary interest.
(1) The State Government may, for the purpose of providing officers to the Council under Section 87 or 88, constitute in the prescribed manner, the following Municipal Services for the State to be called--
(a) State Municipal Service (Executive);
(b) State Municipal Service (Health); and
(c) State Municipal Service (Engineering).
1[(2) The State Government may make rules in respect of recruitment, qualification, appointment, promotion, leave, scale of pay, all allowances by whatever name called, loans, pension, gratuity, annuity, compassionate fund, provident fund, dismissal, removal, conduct, departmental punishment, appeals and other service conditions of the members of the State Municipal Service.
(3)
(1) There shall be a Chief Municipal Officer to every Council who shall be the principal executive officer of the Council and all other officers and servants of the Council shall be subordinate to him.
(2) The Chief Municipal Officer of a Council shall be a member of the State Municipal Service (Executive) and shall be appointed by the State Government.
(1) Every Council having an annual income of five lakhs of rupees or more shall have a Health Officer and an Engineer for the efficient discharge of its duties.
(2) The Health Officer and the Engineer shall be members of the State Municipal Service (Health and Engineering respectively) and shall be appointed by the State Government.
(1) Pending the constitution of the State Municipal Service under sub-section (1) of Section 86 or when no member of such service is available for appointment as Chief Municipal Officer, Health Officer or Engineer, as the case may be, the State Government may depute an officer of Government or appoint any person qualified to be a member of such service to act as Chief Municipal Officer, Health Officer or Engineer, as the case may be.
1[(1-A) The State Government shall have all powers of control over the persons appointed under sub-section (1) and may transfer any person appointed thereunder from one Council to another.]
(2) The State Government may, on its own motion or if at a special meeting of the Council more than one-half of the 2[elected Councillors] vote in favour of a resolution to that effect withdraw the service of the Chief Mu
(1) The State Government may grant leave of absence to the Chief Municipal Officer.
(2) During any absence on leave of the Chief Municipal Officer for a period not exceeding thirty days at a time the State Government may appoint a person to act as the Chief Municipal Officer.
(3) During any absence on leave of the Chief Municipal Officer for a period not exceeding thirty days at a time, the State Government may make such local arrangement for carrying on the duties and functions of the Chief Municipal Officer as may be necessary.
(4) Every person appointed under sub-section (2) or (3) shall exercise all powers conferred, and perform the duties imposed on the Chief Municipal Officer by or under this Act or by or under any enactment for the time being in force and shall be subject to the same li
The provisions of Section 90 shall apply in case of a Health Officer and an Engineer, as they apply in the case of a Chief Municipal Officer.
(1) The Chief Municipal Officer shall--
(a) subject to the general control of the President, watch over the financial and executive administration of the Council and perform all the duties and exercise all the powers specially imposed or conferred upon him, by or delegated to him, under this Act.
(b) give effect to the decisions taken, in accordance with the provisions of this Act and the rules or bye-laws made thereunder by the Council and submit periodical reports, if the Council so directs, regarding the progress made in respect thereto.
(2) Any of the powers, duties or functions conferred or imposed upon or vested in the Chief Municipal Officer by this Act may be exercised, performed, or discharged under the Chief Municipal Officer's control and subject to his superintendence to such condi
(1) The Council may, at any time, require the Chief Municipal Officer :--
(a) to produce, any record, correspondence, plan or other document which is in his possession or under his control as Chief Municipal Officer or which is recorded or filed in his office or in the office of any Municipal Officer or servant subordinate to him :
Provided that if the Chief Municipal Officer is of the opinion that the production of any correspondence will not be in the public interest or in the interest of the municipal administration, he shall forward the requisition alongwith his opinion to the prescribed authority and the decision of the prescribed authority thereon shall be final.
(b) to furnish any return, plan, estimate, statement, account or statistics, concerning or connected with any matter appertain
(1) Every Council having an annual income of five lakhs of rupees or more shall, subject to rules framed under Section 95, appoint a Revenue Officer and an Accounts Officer and may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties.
1[(2) Every Council not falling under sub-section (1) shall, subject to rules framed under Section 95, appoints a Sanitary Inspector, a Sub-Engineer, a Revenue Inspector and an Accountant and may appoint such other officers and servants as may be necessary and proper for the efficient discharge of its duties :
Provided that such Council may appoint a part-time Health Officer or an Engineer on such terms and conditions as the State Government may approve in this behalf.]
(3) The State Government may--
1[ The State Government may make rules in respect of. qualification, recruitment, appointment, leave, scale of pay, all allowances by whatever name called, loans, pension, gratuity, compassionate fund, provident fund, annuity, dismissal, removal, conduct and other departmental punishment and appeal and service conditions for Municipal employees other than a member of the State Municipal Service.]
____________________
1. Substituted by Madhya Pradesh Act No. 32 of 1967.
(1) No officer or servant employed under this Act shall--
(a) except in accordance with a special or general order of the Council, communicate directly or indirectly the contents of any official documents or information to any member of the Council or to any member of the general public;
(b) own, wholly or in part, or conduct the management of any newspaper or other periodical publication except in the discharge of his official duties;
(c) take part in or subscribe in aid of, or assist in any way, any political movement or organisation carried on or run in any part of India or elsewhere relating to the affairs of India;
(d) canvas or otherwise interfere or use his influence in connection with, or take part in any election to a legislative body or lo
Every employee of the Council shall be personally liable for the loss, waste, misapplication or misappropriation of any money or other property (held for the administration of the Council) if such loss or waste or misapplication or misappropriation is a direct consequence of his neglect or misconduct in his capacity as servant of the Council and a suit for compensation for the same may be instituted against him, as if the money or the property had belonged to the State Government.
(1) No person shall be eligible for employment as a Municipal Officer or servant if he--
(a) has, directly or indirectly, by himself or his partner any share or interest in any contract or employment with by, or on behalf of the Council, other than an interest in land held on a lease from the Council, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or
(b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid.
(2) If at any time subsequent to any appointment, it comes to the notice of the Council that any Municipal Officer or servant was not eligible for employment under sub-section (1) on the date of his appointment, the Counci
Any Municipal Officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or except in so far as concerns his own employment as Municipal Officer or servant, in any employment with, under, by or on behalf of a Council of which he is an officer or servant, not being a share or interest such as, under clause (1) of Section 35, it is permissible for a person to have without being thereby disqualified for being an officer or servant of such Council, shall be liable to be punished with fine which may extend to five hundred rupees.
1[No essential Municipal Officer or servant shall-- (a) unless he is authorised in that behalf by the terms of his contract, resign his appointment or quit his employment without giving a notice in writing of not less than one month to the authority appointing him, of his intention so to do; or
(b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or
(c) neglect or refuse to perform any of the duties or wilfully perform them in an inefficient manner.]
____________________
1. Inserted by Madhya Pradesh Act No. 31 of 1973.
1[ If the Government is of the opinion that stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the Municipality, it may, by notification, declare that an emergency exists in the Municipality and that in consequence thereof no member of such of the essential municipal services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement:--
(a) withdraw or absent himself from his duties otherwise than on leave duly granted; or
(b) neglect or refuse to perform his duties or wilfully perform them in an inefficient manner.]
____________________
1[(1) Any essential municipal Officer or servant contravening any of the provisions of Sections 99-A and 99-B shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
(2) An offence punishable under sub-section (1) shall be cognizable and the provisions of the Code of Criminal Procedure, 1898 (No. 5 of 1898), with respect to the cognizable offence shall as far as may be, apply thereof.]
____________________
1. Inserted by Madhya Pradesh Act No. 31 of 1973.
(1) Subject to any special reservation made or to any special conditions imposed by the State Government, all property of the nature hereinafter in this section specified within the limits of the Municipality, shall vest in and be under the control of the Council and with all other property which has already vested, or may hereafter vest in the Councils shall be held and applied by it as trustees for the purposes of this Act, this is to say--
(a) all public town-walls, gates, markets, slaughter-houses, manure and night-soil depots and public buildings of every description which have been constructed or maintained out of the Municipal Fund;
(b) all public streams, tanks, reservoirs, cisterns, wells, springs, aquaducts, conduits, tunnels, pipes, pumps and other water works, and all bridges, buildings, engines, works, materials and things c
(1) The nazul lands transferred to the Council by the State Government shall be managed in accordance with the bye-laws made by the Council with the previous approval of the State Government.
(2) The Council may, with the previous approval of the State Government from time to time, add to, vary or rescind the bye-laws made under sub-section (1).
(1) When any land, whether within or without the limits of a Municipality, is required for the purposes of this Act and the Council is unable to acquire it by agreement the State Government may, at the request of the Council proceed to acquire such land under the provisions of the Land Acquisition Act, 1894 (1 of 1894); and, on the payment by the Council of the compensation awarded under the Act, and of any other charges incurred by the State Government in connection with the acquisition the land shall vest in the Council.
Explanation.--When any land is required for a new street, or for the improvement of an existing street, the Council may proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the buildings to be erected on the sides to the street, and such land shall be deemed to be required for the purposes of this Act.
&
The Council may, with the sanction of State Government, transfer to the Central Government any property vested under Section 100 or 102, but not so as to affect any trust or public right subject to which the property is held.
There shall be formed for each Municipality a Municipal Fund, and it shall be held by the Council in trust for the purposes of this Act, subject to the provisions therein contained.
(1) There shall be credited to the Municipal Fund--
(a) all moneys received by or on behalf of the Council under the provisions of this Act or of any other law for the lime being in force or under any contract;
(b) the balance, if any, standing at the commencement of this Act at the credit of the Municipal Fund;
(c) all proceeds of the disposal of property by, or on behalf of, the Council;
(d) all rents accruing from any property of the Council;
(e) all moneys raised by the tax levied for the purpose of this Act;
(f) all fees payable and levied under this Act;
(g) all moneys received by way of compensation or for com
(1) All property vested in a Council under this Act, all funds received by it in accordance with the provisions of this Act, and all sums accruing to it under the provisions of any law for the time being in force shall, subject to the provisions of this Act, be applied for the purposes of this Act within the limits of the Municipality.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for a Council, subject to rules framed under this Act--
(a) to incur expenditure beyond the Municipal limits on the acquisition of land or on the construction, maintenance or repair of works, for the purpose of obtaining a supply of water required for the inhabitants of the Municipality or on providing the supply of electrical energy for the use of the inhabitants of the said Municipality or on establishing slaughter-houses or pl
Notwithstanding anything contained in Section 106, it shall be the duty of a Council to apply annually out of the Municipal Fund first such sum as may be required for the payment of any amount falling due on any loan legally contracted by it.
(1) In places where there is a Government treasury or sub-treasury or a bank to which the Government treasury business has been made over, the Municipal Fund shall be kept in such treasury, sub-treasury or bank.
(2) In places where there is no such treasury or sub-treasury or banks, the Municipal Fund may, with the previous approval of the State Government, be deposited with any banker who furnishes such security for the sate custody and repayment on demand of the fund so deposited as the State Government may, in each case, think sufficient.
(3) A Council may, from time to time, with the previous sanction of the State Government, invest any portion of its Municipal Fund in securities of the Government of India or in such other securities, including fixed deposits in banks, as the State Government may approve in this behalf, and may vary
1[(1) No streets, lands, public places, drains or irrigation channels shall be sold, leased or otherwise alienated, save in accordance with such rules as may be made in this behalf.
(2) Subject to the provisions of sub-section (1) :
(a) the Chief Municipal Officer may, in his discretion, grant a lease of any immovable property belonging to the Council, including any right of fishing or of gathering and taking fruits, flowers and the like, of which the premium or rent, or both, as the case may be, does not exceed two hundred and fifty rupees for any period not exceeding twelve months at a time :
Provided that every such lease granted by the Chief Municipal Officer, other than the lease of the class in respect of which the 2[President-in-Council] has by resolution exempted the Chief Municipal Of
1[ The contracts by or on behalf of the Council shall be expressed to be made by the Chief Municipal Officer in accordance with the rules made in this behalf.]
____________________
1. Substituted by Madhya Pradesh Act No. 20 of 1998.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 20 of 1998.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 20 of 1998.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 20 of 1998.
Where a Council has entered into any arrangement or made any promise, purporting to bind it or its successors for a number of years or for an unlimited period to continue to any educational or charitable institutions, a yearly contribution from the Municipal property or fund, it shall be lawful for the Council or its successors with the sanction of the State Government to cancel such arrangement or promise, or to discontinue, or to diminish such yearly contribution :
Provided that it shall have given at least 12 months' notice of its intention to do so to the Manager or Managers of such institutions.
Subject to the restrictions contained in any enactment relating to raising of loans by local authorities for the time being in force a Council may, in pursuance of a resolution passed at a special meeting convened for the purpose, raise a loan of any moneys required for carrying out of the purposes of this Act :
Provided that--
(i) no loan shall be raised without the previous sanction of the State Government; and
(ii) the terms upon, the period within and the method by which the loan is to be raised and repaid, shall be subject to the approval of the State Government.
(1) The Chief Municipal Officer shall, on or before the first day of January each year, cause, in the prescribed form and manner, to be prepared and laid before the Finance Committee and if there is no Finance Committee before the 1[President-in-Council], an estimate of the income and expenditure of the Council for the next financial year.
(2) The Finance Committee or the 1[President-in-Council], as the case may be, shall, as soon as may be, consider the budget estimate, prepared by the Chief Municipal Officer and make such modifications and additions thereto as it shall think fit and submit the same to the Council not later than the thirty-first day of January.
(3) The Council shall, as soon as may be, consider the budget estimates as submitted by the Finance Committee or the 1[President-in-Council], as the case may be, and may adopt th
The Council may, from time to time during the financial year, transfer the amount or a portion of the amount of one budget grant from one major head to another in the budget estimate, or 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 in such a way as to bring the estimated cash balance at the close of the year below the limit prescribed under the first proviso to sub-section (3) of Section 116.
(1) If at any time during the financial year it appears to the Council that the income of the Municipal Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimates of that year, it shall be incumbent on the Council forthwith to sanction any measure which they may consider necessary to proportioning the year's income to the expenditure.
(2) For the purposes of sub-section (1), the Council may either diminish the sanction expenditure of the year, so tar as it may be possible so to do with due regard to all the requirements of this Act. or have recourse, subject to the conditions and limitations prescribed by this Act, to supplementary taxation or to an increase of the rates, or adopt all or any of those methods.
The annual accounts of receipts and expenditure, and the budget when sanctioned, shall be open to public inspection free of charge and shall be published in Hindi language in Devnagri script.
(1) The Chief Municipal Officer shall draw up a quarterly abstract of the receipts and expenditure of the preceding quarter and such abstract shall be examined by the prescribed authority.
(2) The abstract of the Municipal accounts drawn up under sub-section (1) shall be placed before the Council.
(3) For the purposes of examining the accounts by the Council, the Council shall have access to all the Municipal accounts and to all records and correspondence relating thereto, and the Chief Municipal Officer shall furnish to the Council any explanation concerning the receipts and expenditure which it may call for.
(4) Any Councillor may, with the permission of the President and in the presence of the Chief Municipal Officer, inspect any document relating to accounts of the Council within two days
(1) Notwithstanding anything contained in Section 3 of the Madhya Pradesh Local Fund Audit Act, 1933 (IX of 1933), the annual accounts of every Council shall be subject to audit under the said Act and the Council shall be liable to pay such audit fee as the State Government may, from time to time, specify in this behalf.
(2) Copies of the Audit Report of the Auditor on the annual accounts of the Council under sub-section (1) shall be furnished to the State Government or such other authority as may be specified by the State Government in this behalf in addition to the President and the Chief Municipal Officer.
(3) If the accounts of the Council are not audited under sub-section (1) by the Local Fund Audit Department, the Council shall have the option, subject to sanction of the State Government, to get its accounts audited by any outside
(1) The Council or the Chief Municipal Officer, as the case may be, shall forthwith remedy any defects or irregularities that may be communicated by the prescribed authority or Local Fund Audit Department or the outside auditing agency, as the case may be, and shall send a report to the State Government directly or through such authority as the State Government may prescribe, of the action taken by the Municipal authorities concerned within a period of three months from the date of receipt of the Audit Report :
Provided that if there is a difference of opinion between the Municipal authorities and the prescribed authority or the Local Fund Audit Department, or if the Municipal authority does not remedy any defect or irregularity within the said period of three months, the matter shall be referred to the State Government within such time and in such manner as may be prescribed by ru
1[ Notwithstanding anything contained in this Act. the Council shall arrange for Social Audit in such manner as may be prescribed by the State Government.]
____________________
1. Inserted by Madhya Pradesh Act No. 29 of 2003.
(1) In addition to the duties imposed upon it by or under this Act or any other enactment for the time being in force, it shall be the duty of a Council to undertake and make reasonable and adequate provision for the following matters within the limits of the Municipality, namely :--
(a) lighting public streets, places and buildings;
(b) cleansing public streets, places and sewers, and all places, not being private property, which are open to the enjoyment of the public whether such places are vested in the Council or not; removing noxious vegetation, and abating all public nuisances;
(c) disposing of night-soil and rubbish and preparation of compost manure from night-soil and rubbish;
(d) extinguishing fire and protecting life and property when fir
A Council may, at its discretion, provide, either wholly or partly out of the Municipal property and fund, for all or any of the following matters, namely :--
(a) reclaiming unhealthy localities, laying out, whether in areas previously built upon or not, new public streets, and acquiring land for that purpose, including plots of land for building to abut on such streets;
(b) constructing, establishing, or maintaining public parks, gardens, playgrounds and open spaces, libraries, museums, lunatic asylums, halls, offices, dharamshalas, rest-houses and other public buildings;
(c) furthering education objects;
(d) planting and maintaining roadside and other trees;
(e) watering public streets and places;
&n
The Madhya Pradesh Municipalities Act, 1961, serves as a legislative framework for the governance and administration of municipalities in the state of Madhya Pradesh. Section 124 specifically addresses the discretionary powers of municipal councils, empowering them to undertake various urban development initiatives.
Section 124 of the Madhya Pradesh Municipalities Act, 1961, grants municipal councils the authority to reclaim unhealthy localities, lay out new public streets, and undertake other related activities aimed at improving urban infrastructure and public health.
The scope of Section 124 is broad, allowing municipal councils to engage in various urban planning and public health initiatives. This includes both areas that have been previously developed and those that are yet to be built upon.
While Section 124 itself does not specify punishments, related sections of the Act may impose penalties for non-compliance with municipal regulations or for actions that contravene the provisions of the Act.
(1) The management, control and administration of every public institution maintained out of the Municipal Fund shall vest in the Council:
Provided that the management of such public institution shall be regulated by rules framed by the State Government in this behalf.
(2) When any public institution has been placed under the direction, management and control of the Council, all property, endowments and funds belonging thereto shall be held by the Council in trust for the purposes to which such property, endowments and funds were lawfully applicable at the lime when the institution was so placed :
Provided that nothing in this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890 (VI of 1890).
<
1[(1) Notwithstanding anything contained in this Act or any other law for the time being in force, the annual letting value of any building or land, whether revenue paying or not, shall be determined as per the resolution of the Council adopted in this behalf, 2[on the basis of per square meter of the 3[built up area] of a building or land, as the case may be] taking into consideration the area, in which the building or land is situate, its location, situation, purpose for which it is used, its capacity for profitable use, quality of construction of the building and other relevant factors and subject to the rules, as may be made by the State Government in this behalf.
4[(1-a) The Chief Municipal Officer shall prepare the draft resolution under sub-section (1) for the next financial year and submit before the Council before 31st December of each financial year. In case the Council f
1[(1) For the purpose of this Act, the Council shall, subject to any general or special order which the State Government may make in this behalf, impose in the whole or in any part of the Municipal area, the following taxes, namely :--
(a) a lax payable by the owners of buildings or lands situated within the city with reference to the gross annual letting value of the buildings or lands, called the property tax, subject to the provisions of Sections 126, 127-A and 129;
(b) a water tax, in respect of lands and buildings to which water supply is furnished from or which are connected by means of pipe with municipal water works;
(c) a general sanitary cess, for the construction and maintenance of public latrines and for removal and disposal of refuse and general cleanliness of the city;
&
1[127A. Imposition of property tax.--
2[(1) Notwithstanding anything contained in this Act, the tax under clause (i) of sub-section (1) of Section 127 shall be charged, levied and paid, at the rate not less than six per cent and not more than ten per cent of the annual letting values as may be determined by the Council for each financial year] :
3[Provided that if the Council fails to determine the rate of the property tax by 31st March, the rate as prevailing during the previous financial year shall be deemed to be the rate for current financial year.]
(2) The property tax levied under sub-section (1) shall not be leviable in respect of the following properties, namely :--
(a) buildings and lands owned by or vesting in--
128. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[(1) The Council may, by a resolution, at the time of final adoption of the budget estimates for the next financial year, subject to the provisions of this Act and subject to such limitations and conditions, as may be prescribed by the State Government in this behalf:
(a) impose any of the taxes or fees specified in this Act; or
(b) increase the rates of taxes or fees already imposed.
(2) The resolution as referred to in sub-section (1) shall contain--
(a) in case of imposition of any tax or fee, the provisions under which such tax or fee is being imposed, class of persons or description of property to be taxed, the amount or rate of tax or fee being imposed, system of assessment and collection to be adopted and the date from which imposition of su
1[ The Council may. with the prior approval of the State Government, abolish, suspend or reduce the rate of any tax.]
____________________
1. Substituted by Madhya Pradesh Act No. 12 of 1995.
It, on a complaint made to it or otherwise, it appears to the State Government that any tax levied by a Council is unfair in its incidence or that such levy or any part thereof is obnoxious to the interest of the inhabitants of the Municipality, it may, by an order, require the Council to remove the objections to any such tax within such time as may be specified therein and on the failure of Council to comply with the order within the time so specified, to the satisfaction of the Sate Government the State Government may, by notification and subject to such conditions or restrictions as may be specified therein, abolish, suspend or reduce the amount or rate of any tax.
The State Government may, on its own motion or otherwise after giving the Council an opportunity of expressing its views in the matter, by order, exempt from payment of any tax in whole or in part any person or class of persons or any property or description of properties for the purpose of granting protection to any industry or for any other purpose in public interest subject to such condition as may be specified in such order.
1[(1) Notwithstanding anything contained in this Act or any other Act for the time being in force, the State Government may create an Infrastructure Development Fund with a view to assist the Municipalities in developing the infrastructure.
(2) The sources of the Infrastructure fund and the procedure and manner in which the amount from the fund shall be provided to Municipalities shall be such as may be prescribed.]
____________________
1. Inserted by Madhya Pradesh Act No. 27 of 2000.
(1) The State Government may make rules under this Act regulating the refund of taxes and such rules may impose limitation on such refunds.
(2) No refund of any tax shall be claimable by any person otherwise than that in accordance with the provisions of this Act, and the rules and bye-laws made thereunder.
(1) When a tax on buildings or lands or both is imposed, the Chief Municipal Officer shall cause an assessment list of all buildings and lands or lands and buildings in the Municipality to be prepared containing--
(a) the name of the street or division in which the property is situated;
(b) description of the property sufficient for identification;
(c) the name of the owner or occupier, if known;
(d) the valuation based on capital or annual letting value, as the case may be, on which the properly is assessed;
(e) the rate of tax applicable;
(f) amount of tax assessed thereon;
(g) if the property is exempted from tax,
(1) When the name of the person primarily liable for the payment of the tax on buildings or lands or both in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment list as "the holder" of such premises, without further description and to serve upon the said person any notice which it may be necessary to serve under this Act.
(2) If, in any such case, any person in occupation of the premises fails to furnish such information as may be requisite for determining as to who is primarily liable as aforesaid such person shall, until such information is made available to the Chief Municipal Officer be himself liable for all taxes on buildings or lands or both leviable on the premises of which he is in occupation.
When the assessment list has been completed, the Chief Municipal Officer shall give public notice thereof, and of the place where the list or a copy thereof may be inspected; and every person claiming to be either owner or occupier of property included in the list, and any agent of such person duly authorised by him in writing may inspect that list and take extracts therefrom free of any charge.
(1) The Chief Municipal Officer shall, at time of publication of the assessment list under Section 136, give public notice of a date not earlier than thirty days from the publication of such notice by which objections to the valuation or assessment in such list may be delivered at his office.
(2) The Chief Municipal Officer shall in all cases in which the property is for the first time assessed or the assessment is increased as a result of increase in the valuation of the property, give special notice thereof to the owner or occupier of the property, if known, and if the owner or occupier of property is not known, shall cause such notice to be affixed in a conspicuous place on the property.
(3) Any person dissatisfied with a valuation or assessment made under this Chapter may file an objection at the Municipal office stating the grounds
138. 1[Investigation of objections by Chief Municipal Officer.--
(1) All such objections shall be entered in a register to be maintained for the purpose and, on receipt of any objection the Chief Municipal Officer shall give a notice in writing to the objector of the time and place at which his objection will be investigated.
1[(2) At the time and place so fixed, the Chief Municipal Officer shall hear the objection, in the presence of the objector or his authorised agent if he appears, or may for reasonable cause, adjourn the investigation.]
(3) When the objection has been determined, the order passed on such objection shall be recorded in the said register and, if necessary, an amendment made in the assessment list in accordance with the result of the objection.
&nb
(1) If any dispute arises as to the liability of any land or building to assessment or as to the basis or principle of assessment or as to the amount of tax assessed an appeal shall lie from the decision of the Council to the Civil Judge Class I having jurisdiction over the Municipal area and if there be no Civil Judge Class I at the headquarter of the Municipality to the Civil Judge Class II having jurisdiction at such headquarter and if there be no Civil Judge Class II at such headquarter to the Civil Judge Class II having jurisdiction, and in case of more than one such Civil Judges at the headquarter or having jurisdiction, as the case may be, to such one of them as the District Judge may specify.
(2) Such appeal shall be presented to the Civil Judge within thirty days from the date of the order passed under Section 138 and shall be accompanied by an extract from the register of
(1) When all objections made under Section 138 have been disposed of and all amendments required by Section 138 have been made in the assessment list, it shall be authenticated by the Chief Municipal Officer who shall certify under his signature that except in the cases in which amendments have been made as shown therein, no valid objection has been made to the valuation and assessment as entered in the said list :
Provided that where the function of the Council under sub-section (2) of Section 138 is under the provisions of this Act performed by the 1[President-in-Council] or any other Committee, such list shall, in addition, be authenticated and certified as aforesaid by not less than two members of such Committee.
(2) The Council may, with the previous sanction of the State Government; appoint any Government officer to perform the fun
(1) The Council may, at any time, amend the assessment list by the inclusion, omission or substitution of any matter :
Provided that whenever it proposes to make any amendment in respect of any matter other than the correction of an arithmetical error, it shall, before making the amendment, send notice thereof to persons interested and shall allow thirty days to elapse for the making of any objection to the proposed amendment :
Provided further that nothing in this sub-section shall empower the Council to vary the valuation of any premise determined on appeal.
(2) If any amendment be made in respect of any matter other than the correction of an arithmetical error, any person on whom a notice is served may object by a written application addressed to the Chief Municipal Officer and delivered at
Subject to the provisions of Section 141 and decision in appeal, if any, preferred under Section 139, every entry in the assessment list authenticated under Section 140 shall be final.
(1) When an owner has furnished information or a written return as provided by sub-section (3) of Section 134, he shall give notice in writing to the Chief Municipal Officer of any subsequent increase in the rent.
(2) If an owner of any land or building or any portion thereof has, after he has been assessed for the same, made an increase in the rent thereof he shall give notice in writing to the Chief Municipal Officer of such increase.
(3) The Council shall, on receipt of such notice as to increase of rent, amend the assessment list by altering the assessment of such land or building or portion thereof as provided by Section 14 :
Provided that no revision of assessment shall be made during the year unless the increase in rent is due to material addition or alteration in the building.
(1) When any building or any portion of a building, which is liable to the payment of property tax is demolished or removed otherwise than by order of the Councillor or has fallen down or has been destroyed by fire or any other cause the person primarily liable for the payment of the said tax shall give notice thereof, in writing to the Chief Municipal Officer.
(2) Until such notice is given, the person aforesaid shall continue to be liable to pay the property tax as if the same or portion thereof, has not been demolished or removed or has not fallen down or been destroyed by fire or otherwise.
(a) Whosoever fails to give notice of an increase of rent required by sub-sections (1) and (2) of Section 143 or gives notice of an increase of rent which in substance is untrue, he shall be punishable with fine which may extend to two hundred rupees.
(1) The Council may, instead of making a new assessment every year, adopt the existing assessment, with such alteration as it thinks fit, as the assessment for each new year, giving to persons affected by such alterations, the same notice of the altered valuation and assessment as would have been required if a new assessment had been prepared.
(2) The Council shall arrange for a survey for the purposes of assessment of each part of the Municipality at least once in four years.
(3) The provisions of Sections 134 to 140; shall, so far as may be, apply for the purposes of this section.
The property tax leviable upon any land or building shall be paid by the owner thereof.
Explanation.--For the purpose of this section a tenant of land or building or both, under a lease for any agreed period with a covenant for its renewal thereafter, shall be deemed to be owner thereof.
Any tax or sum leviable under this Act from the owner may be recovered from the occupier, and in such case such occupier shall, in the absence of any contract to the contrary, be entitled to recover the same from the owner and may deduct the same from any rent then or thereafter due by him to the owner :
Provided that the occupier shall not be liable for any such tax or sum due for a period prior to the date of commencement of his occupy.
149. 1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
(1) Whenever the title in any land or building or in any part or share of any land or building is transferred, the transferor and the transferee shall, within three months of the registration of the deed of transfer, or if it be not registered, within three months of the execution of the instrument of transfer, or, if no such instrument be executed within ninety days after the transfer is effected, give notice in writing of such transfer to the Council.
(2) Every person liable for the payment of a tax on any property, who transfers his title to or over such property without giving notice of such transfer to the Council as aforesaid, shall, in addition to any other liability which he incurs through such neglect, continue to be liable for the payment of all such taxes payable in respect of the said property until he gives such notice or until the transfer is recorded in the Council's
(1) The notice to be given under Section 150 shall be in such form as may be prescribed by rules.
(2) On receipt of any such notice the Council may, if it thinks necessary require the production of the instrument of transfer, if any, or a copy thereof.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[ A Council imposing any toll under this Act shall cause to be kept, at each place where such toll is to be collected, a table in Hindi language, written in Devnagri script, showing the amount leviable in all cases provided for in the rules, including the terms, if any, on which the liability to pay such tolls may be compounded by periodical payment, and it shall be the duty of every person authorised to demand payment of a toll to show such table on the request of any person to whom such demand is made.]
____________________
1. Substituted by Madhya Pradesh Act No. 50 of 1976.
1[(1) If any toll leviable under this Act is not paid on demand, the person appointed to collect it may seize and detain such portion of the load of any animal or vehicle on which the toll is chargeable, as will, in his opinion, suffice to defray the amount due in respect of such toll and in the absence of any load on an animal or vehicle on which the toll is chargeable, or in the event of its value being insufficient to defray the amount due, he may seize and detain the animal or vehicle.]
(2) The person on seizing or detaining the goods or animal or vehicle, as the case may be, shall, on such seizure or detention give a list of the property seized or detained to the person in charge of such property at the time of its seizure or detention and shall along with such list deliver to him a notice in the form prescribed by rules to the effect that the property so seized or detained sh
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 50 of 1976.
1[ Notwithstanding anything contained in this Act, the Municipality may, by public auction or private contract lease the recovery of any of the taxes and fee which may be imposed under this Act subject to the condition and limitation, if any prescribed by the State Government in this behalf.]
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
1[(1) The duty imposed by the Indian Stamp Act, 1899 (II of 1899), on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property, shall in the case of instruments affecting immovable property situated within the limits of any Municipality and executed on or after the date on which the provisions of this Act come into force within Municipality be increased by 2[one percentum] on the value of the property so situated, or in the case of a usufructuary mortgage on the amount secured by the instrument, as set forth in the instrument :
Provided that nothing herein shall apply in case of the transfer of property where the value of the property so transferred or in the case of a usufructuary mortgage the amount so secured does not exceed two thousand rupees.]
(2) For the purpose of this section, Section 27 of the In
Whenever it appears to the State Government that the balance of Municipal Fund of any Council or its revenue is insufficient for the discharge of its duties or obligatory functions imposed upon it by the Act or for meeting the expenditure incurred, under Section 324 or for the performance of any duties in respect of which it shall have been declared under Section 327 to have committed default, that State Government may require the Council to impose within the Municipal area any tax which it is empowered to impose under Section 127 or to enhance any existing tax in such manner or to such extent as the State Government considers fit, and the Council shall forthwith proceed to impose or enhance in accordance with the requisition, such tax under the provisions of this chapter, as if a resolution of the Council has been passed for the purpose under Section 129 or 130, as the case may be :
&nb
A tax imposed under this Act shall not be invalid for defect of form and, where any property is described for the purpose of assessing any such tax, it shall be sufficient to describe it so that it shall be generally known and it shall not be necessary to name the owner or occupier.
(1) When any amount--
(a) which, by or under any provisions of this Act, is declared to be recoverable in the manner provided by this Chapter; or
(b) which, not being leviable under sub-section (1) of Section 157 or payable on demand on account of an octroi or a toll, is claimable as an amount or instalment on account of any other tax which is being imposed or may hereafter be imposed in any Municipality; or
(c) which, on account of rent of any Municipal land, buildings, shops, gumtis, or any other property, shall have become due, the Chief Municipal Officer shall, with the least practicable delay, cause to be presented to the person liable for the payment thereof a bill for the sums claimed as due,
(2) Every such bill shall specify--
(1) If a person on whom a notice of demand has been served under sub-section (1) of Section 164 does not within fifteen days from the service of such notice pays the sum demanded in the notice, such sum with all cost of recovery and interest may be recovered on application of the Council to a Magistrate having jurisdiction within the limits of the Municipality, and such Magistrate may order recovery by distress and sale of any movable property or attachment and sale of immovable property belonging to such person within the limits of his jurisdiction :
Provided that no interest shall be so recovered in any case in which the Magistrate, for reasons to be recorded in writing, considers it inexpedient that interest should be charged.
(2) When there is no sufficient movable or immovable property belonging to such person within the jurisdictio
(1) The provisions of Sections 167 to 170 shall apply to such Municipalities 1[***] to which they have been specially applied by the State Government, by notification, and on such application the provisions of Section 165 shall not apply in respect of such Municipality.
(2) The State Government may by a like notification, suspend the operation of Sections 167 to 170 in respect of Municipality and from such date as may be specified therein, and on and from the due date so specified every amount due on account of any tax therefore recoverable under the said section shall be recoverable on application to a Magistrate in the manner provided in Section 165.
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
(1) In what cases warrant may issue.--
If a person on whom a notice of demand has been served under sub-section (3) of Section 164 does not, within 15 days from the service of such notice pay the sum demanded in the notice, such sum with all cost of recovery may be recovered under a warrant in the form prescribed by rules or to the like effect signed by the Chief Municipal Officer--
(i) by distress and sale of movable property belonging to such person; or
(ii) by attachment and sale of the immovable property belonging to him :
Provided that, where any precautionary or other measures in respect of any such property have been taken by the State Government for the recovery of any sum claimed by it, no proceedings shall be taken or continued under this
(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 levied is likely to exceed its value, the Chief Municipal Officer shall at once give notice to the person in whose possession the property was, when 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) On the expiry of the time specified in the notice served by the officer executing the warrant, the property distrained or attached, in the case of immovable property, a sufficient portion thereof, if not sold at once under sub-section (1), may, be sold by public auction under the orders of the Chief Municipal Officer unless the warrant is suspended by him or the sum due is paid by the defaulter together with all costs incidental to the notice, warrant,
Where the warrant is to be executed outside the Municipal area the Chief Municipal Officer may, by endorsement, direct the officer to whom the warrant is addressed, to sell the property distrained or attached; and in such case it shall be lawful for such officer to sell the property and to do all things incidental to the sale in accordance with the provisions of the preceding section and to exercise the powers and perform the duties of the Chief Municipal Officer under sub-sections (1) and (2) of Section 168 in respect of such sale except the power of suspending the warrant. Such officer shall, after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the Chief Municipal Officer who shall dispose of the same in accordance with the provisions of the preceding section.
The fees for--
(a) every notice issued under Section 164;
(b) every warrant issued under sub-section (1) of Section 167, or distress or attachment made under sub-section (4) of the said section;
(c) the maintenance of any live-stock seized under sub-section (4) of Section 167, shall be chargeable at such rates as the Council may, by bye-laws, determine and they shall be included in the costs of recovery to be levied under Section 167.
(1) If the Chief Municipal Officer shall, at any time, have reason to believe that any person from whom any sum, recoverable under the provisions of this chapter, is due or is about to become due, is about to leave the Municipal limits the Chief Municipal Officer may cause a bill for the sum due or about to become due to be presented to him directing the immediate payment thereof.
(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 Chief Municipal Officer the amount shall be leviable by distress and sale of the movable property of the defaulter in the manner hereinbefore prescribed, except that it shall not be necessary to serve upon the defaulter any notice of demand, and the warrant for distress and sale may be issued and executed without any delay.
(1) Appeals, against any claim included in a bill presented in accordance with the provisions of this Act, or the rules made thereunder, be made to the Civil Judge, Class I, having jurisdiction over the Municipal area and if there be no Civil Judge, Class I, at the headquarters of the Municipality the Civil Judge, Class II having jurisdiction at such headquarters if there be no such Civil Judge Class II at the headquarters to the Civil Judge, Class II having jurisdiction and in case of more than one such Civil Judges at the headquarters having jurisdiction, as the case may be, to such one of them as the District Judge may specify.
(2) No such appeal shall be heard and determined unless--
(a) the appeal is brought within 15 days next after presentation of the bill complained of;
(b) an applicat
(1) The amount of every sum claimed from any person under the Act on account of any tax or otherwise, shall, subject and decision in appeal or revision, if any, preferred under Section 172, be final.
(2) Effect shall be given by the Council to every decision in any appeal or revision against any such claim.
All sums due from any person in respect of taxes on any land or building shall, subject to prior payment of any land revenue in respect of it due to the State Government, be a first charger upon the said land or buildings and upon any movable property found within or upon such land or building and belonging to the said person :
Provided that no arrears of any such tax shall be recoverable from any occupier who is not the owner, if such arrears are for a period exceeding one year and for a period during which the occupier was not in occupation.
For every sum paid on account of any tax under this Act a receipt shall be tendered by the person receiving these payments stating the sum and the tax on account of which it has been paid.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 7 of 1988.
No distress or sale may under this Act shall be deemed unlawful on account of an error, defect or want of form in the bill, notice, warrant of distress, inventory, or other proceeding relating thereto.
The irrecoverable sums due to the Council shall be written off in such manner and by such authority as may be prescribed by rules.
(1) A Council may--
(a) lay out or make new public street; or
(b) widen, open, enlarge or otherwise improve any public street and construct tunnels and other works subsidiary to such streets; or
(c) divert, discontinue or close permanently any public street; or
(d) sell or lease the land forming such street or any part thereof or acquired for the purpose of forming such street, if not required for purpose of such street or for any other purposes of this Act:
Provided that no such public street shall be discontinued, permanently closed or used for any other purposes without the previous sanction of the State Government.
(2) In laying out, making, turning, divert
(1) Where a Council considers that in any street not being a public street, or in any part of such street, within the Municipality, it is necessary for the public health, convenience or safety that any work should be done for the levelling, paying, metalling, flagging, challenging, draining, lighting or cleaning thereof, the Council may, by a written notice, require the owner or owners of the street and the owners of the several lands or buildings fronting or adjoining the said street or abutting thereon, to carry out such work in such manner and within such time as may be specified in such notice.
(2) If the notice under sub-section (1) is not complied with, such work may be executed by the Council, the expenses thereby incurred shall be apportioned by the Council, between such owners, and in such manner as it may think fit, regard being had, if it deems it necessary, to the amoun
(1) A Council may. at any time, by a notice exhibited in any private street or part thereof give intimation of its intention to declare the same a public street, and unless within one month next after such notice is first exhibited, the owner or the majority of the several owners of such private street or a part of the street, lodges or lodge objections thereto with the Council, the Council may, by a notice exhibited in such street, or such part thereof, declare the same to be public street vested in the Council.
(2) If the owner or in case there are more than one owner a majority of owners of any private street request in writing to the Council to declare such street to be a public street, the Council may declare it to be so and on such declaration such street shall vest in the Council and become a public street.
(3) If in spite of the
(1) Every person who intends--
(a) to sell or lease out any land, subject to a convenant 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.
(c) to use any land or a portion thereof or permit the same to be used for building purposes; or
(d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not, shall give notice of his intention so to do, in writing, to the Council and shall, along with such notice, furnish plans and sections showing the intended level, means of drainage, direction and width of such land, building or street, and such other particulars as the Council may,
(1) A Council may, after giving not less than one month's notice of the intention so to do and having considered the objections, if any, received by it, prescribe a line on each side of public street within the Municipal area to be called the regular line of the public street and may, from time to time in the like manner, prescribe a fresh line in substitution for the line so prescribed or any part thereof :
Provided that no such regular line of public street shall be prescribed except with the previous sanction of the State Government:
Provided further that if in the opinion of the State Government it is necessary to prescribe a regular line of a public street within the Municipal area and the Council has failed to prescribe the same in respect of such street so far, the State Government may, by a written requisition, require the Counci
(1) If any part of a building projects beyond the regular line of a public street either as existing or as determined for the future or beyond the front of the building on either side thereof, the Council may--
(a) if the projecting part thereof is a verandah, step or some other structure external to the main building at any time; or
(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burnt down or has fallen down, require by written notice either that the part, or some portion of the part, projecting beyond the said regular line or beyond the said front of the adjoining building on either side thereof shall be removed or that such building then being rebuilt shall be set back to or toward
(1) The external roofs and walls of the buildings constructed or renewed alter the coming into force of this Act, shall not be made of grass, wood, canvas, leaves, mats or other inflammable materials except with the written consent of the Council which may be given either specially in individual cases, or generally in respect of any area specified therein.
(2) If the Council is of the opinion that it is necessary so to do in public interest it may at any time by written notice of not less than fifteen days, require the owner of any building which has an external roof or wall made of any such material as aforesaid to remove such roof or wall within such reasonable time as shall be specified in the notice whether such roof or wall was or was not made before the time at which this Act came into force and whether it was made without the consent of the Council.
&nbs
Every building shall hereafter be constructed upon such level as will allow of the drainage thereof being led into some public sewer or drain either then existing or projected by the Council, or into some stream or river or into some cesspool or other suitable place which may be approved by the Council.
(1) No person shall erect or re-erect or construct or build or commence to erect or re-erect or construct or build any building without the sanction of the Council.
(2) Before beginning to erect any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the Council is empowered by Section 184, to enforce a removal or set-back, the person intending so to build, alter, add or reconstruct shall give to the Council notice thereof, in writing and shall, if required by a bye-law or by special order to do so furnish along with such notice a plan showing the levels, at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the Council and all such information as may be required regarding the limits, design, ventilation and materials
1[187A. Compounding of offences of construction of buildings without permission.--
2[Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or bye-laws made thereunder, the offence of constructing buildings without permission or contrary to the permission granted, may be compounded, it"--
(a) such construction does not affect the regular building line;
(b) the unauthorised construction made in the marginal open spaces or in excess of the prescribed floor area ratio does not exceed ten percent of the prescribed floor area ratio;
(c) such construction does not come within the area notified by the State Government as a hill station or a place of tourist importance or sensitive from the point of ecology
1[187B. Power of State Government to cancel or revise permission for construction of a building.--
2[If it is. found that any permission for construction of a building has been given in violation of any provision of this Act or rules or bye-laws made thereunder or in the opinion of the State Government it is necessary in the public interest that the permission granted by the Municipal Council deserves to be cancelled or revised] the State Government shall have power to cancel or revise such permission and on such cancellation or revision, as the case may be, any construction contrary to the order regarding cancellation or revision shall be deemed to be without permission and shall be dealt with in accordance with the provisions of this Act and the rules made thereunder :
Provided that no such order shall be passed unless the aggrieved pa
1[(1) Notwithstanding anything contained in Section 187-A or any other provisions of this Act or any other law for the time being in force, the Chief Municipal Officer may on the application made in this behalf, by order, compound the cases involving deviations from the approved plan or map, or construction made without permission by collecting compounding fee at such rate as may be determined by the State Government.
(2) The application under sub-section (1) shall be made within 90 days from the date of the commencement of 2[the Madhya Pradesh Nagarpalika Vidhi (Sanshodhan) Adhiniyam, 2005] and the Chief Municipal Officer shall, after making such enquiry as he deems fit decide all applications received under sub-section (1) within six months from the date of receipt. If the Chief Municipal Officer fails to decide the applications received under sub-section (1) within the aforesaid
Section 187(c) of the Madhya Pradesh Municipalities Act, 1961, pertains to the relaxation or leniency granted in the process of compounding unauthorized constructions within municipal limits. It provides a mechanism for authorities to address violations related to building permissions by offering opportunities for regularization under specified conditions.
Section 187(c) authorizes municipal authorities to relax certain provisions related to unauthorized construction, specifically in the context of compounding. It states that notwithstanding any other provisions of the Act, authorities may permit the compounding of unauthorized constructions, facilitating their regularization, subject to prescribed conditions.
This commentary synthesizes available legal sources and interpretations, providing a comprehensive yet concise analysis of Section 187(c) of the Madhya Pradesh Municipalities Act, 1961.
(1) Save as otherwise provided no compensation shall be claimable by an owner for any damage which he may sustain in consequence of a prohibition under this Act of the erection of any building.
(2) The Council shall make reasonable compensation to the owner for any damage which he may sustain in consequence of the prohibition of the re-erection of any building :
Provided that the Council shall not be liable to make any compensation in respect of the prohibition of the re-erection of any building which, for a period of six years or more immediately preceding such prohibition, has ceased to be fit for occupation or to exist or, having been demolished or destroyed has not been re-erected.
In any case in which no bye-laws have been made for the purpose of Section 187 the Council may, within fourteen days of the receipt of notice, required under the said section, require a person who has given such notice to furnish within one week of the receipt by him of the requisition, information, on all or any of the members in respect of which bye-laws might have been made and in such case the notice shall not be valid until such information has been" furnished.
When a person has given notice to the Council under Section 187 in regard to his intention to construct a building, it shall be lawful for the Council to refuse the permission applied for if the Council or any other local authority decides to acquire the land on which any building is proposed to be constructed, and the Council or such other local authority, as the case may be, institutes the acquisition proceedings within four months of the date of such refusal:
Provided that such refusal shall be subject to the following conditions namely :--
(a) if the property is acquired and no agreement is arrived at, as regards the amount of compensation payable to the person giving notice of his intention to construct a building, the same shall be determined in accordance with the provisions of this Act, regard being had to the likely benefit whic
(1) Every person who--
(i) erects or re-erects any building; or
(ii) makes any material external alteration in or addition to any existing building; or
(iii) constructs or re-constructs any projecting portion of a building which the Council is empowered under Section 184 to require to be set back or is empowered to give permission to construct or reconstruct, shall, within one month of the completion of the work, deliver to the Council at its office a notice, in writing, of such completion and shall give to the Council all necessary facilities for the inspection of such work.
(2) No person shall occupy or permit to be occupied any such building or use or permit to be used any buildings or part thereof affected by any such work until permission has b
(1) No person shall, without giving previous notice to the Council of his intention so to do, erect any hut, shed or range or block of huts or sheds or add any hut or shed to any range or block of huts or shed already existing at the time this Act comes into operation.
(2) A Council may require such huts or sheds to be built so that they may stand in regular lines with a free passage or way in front of and in between every two lines of such width as the Council thinks proper for ventilation and to facilitate scavenging and at such a level as well admit of sufficient drainage and may require such huts to be provided with such number of privies and such means of drainage as it may consider necessary.
(3) If any hut or shed or range or block be built without due notice to the Council as required under sub-section (1), or otherwise than as r
(1) Whenever the Council is of the opinion that any huts or sheds, whether used as dwelling or stables or for any other purposes, and whether existing at the time when this Act comes into operation or subsequently erected, are by reason of--
(a) insufficient ventilation or the manner in which such huts or sheds are crowded together; or
(b) the want of a plinth or sufficient drainage; or
(c) the impracticability of scavenging,-attended with risk of disease to the persons residing in such huts or in the neighbourhood thereof, it shall cause a notice to be affixed to some conspicuous parts of each such huts or sheds, requiring the owner or occupier thereof, or the owner of the land on which such hut or shed is built, within such reasonable time as may be fixed by the Council for that purpose, to
(1) The Council may, subject to any bye-laws made under the provisions of this Act, give written permission to the owners or occupiers of buildings in public street to put upon verandahs, balconies or rooms, to project from any upper story thereof, at such height from the surface of the street as the Council may fix and to an extent not exceeding four feet beyond the line of plinth or basement wall, and may prescribe the extent to which and the condition subject to which, roods, caves, weather boards, dasses, shop boards and the like may be allowed to project over such streets.
(2) (a) Any such owner or occupier putting up any such properties as aforesaid without such permission or in contravention of such orders, shall be punished with fine which may extend to two hundred and fifty rupees and if any such owner or occupier fails to remove any such projection as aforesaid in respect
A Council may, by written notice, require the owner of any building in any street to put up and keep in good condition proper troughs and pipes for catching and carrying the water from the roof and other parts of such building, and for discharging the same, in such manner as they may think fit, in order that such water shall not fall upon the persons passing along the street.
A Council may erect or fix to the outside of any building, brackets for lamps to be lighted with oil or gas or subject to the provisions of the Indian Electricity Act, 1910 (IX of 1910); for lamps to be lighted with electricity or otherwise or subject to the provisions of the Indian Telegraph Act, 1885 (XIII of 1885), for telegraph wires or telephone wires or wires for the conduct of electricity or such pipes as it may deem necessary for the proper ventilation of sewers and water works. Such brackets, wires and pipes shall be erected so as not to occasion any danger, inconvenience or nuisance to the occupants of the said building, or of any others in the neighbourhood or to the public.
(1) A Council may cause a name to be given to any street, parks and may from time to time cause to put up or painted on a conspicuous part of any building at or near each end, corner or entrance to every street, the name by which such street is to be known, and may from time to time cause a number to be affixed in a conspicuous part on the outer side of any building, or at the entrance of the enclosure thereof fronting the street.
(2) Any person who destroys, pulls down or defaces any such name or number, or parts any name or number different from that put by the Council shall be punished with fine which may extend to twenty-five rupees.
Any person--
(a) who without the permission, in writing, of the Council affix on the Municipal property any poster, bill, placard, or any other paper or means of advertisement against or upon any building, wall, board, fence or pole, post, lamp-post, or the like; or
(b) who without such consent as aforesaid writes upon, soils, defaces or marks any such building, wall, board, fence or pole with chalk or paint or in any other way whatsoever, shall be punished with fine which may extend to twenty-five rupees.
The Council may, by written notice, require the owner or occupier of any land so to trim or prune the hedges thereof bordering any public street that the said hedges may not exceed the height of four feet from the level of the street, and width of four feet; and to cut down, lop or trim all trees or shrubs which in any way overhang, endanger or obstruct or which the Council deems likely to overhang, endanger or obstruct any public street or to cause damage thereto, or which so overhang any public well, public tank or other provision for water supply as to pollute, or likely to pollute the water thereof.
(1) All sewers, drains, privies, water-closets, house gallies and cesspools within the Municipality which are not under the survey and control of the State Government shall be under the survey and control of the Council.
(2) All covered sewers and drains and all cesspools, whether public or private, shall be provided by the Council or other persons to whom they severally belong, with proper traps, or other coverings or means of ventilation and the Council may, by written notice, call upon the owner of any such covered sewers, drains or cesspools to make provision accordingly.
(1) It shall be lawful for a Council for any drainage purposes, to carry any drain, sewer, conduit, tunnel, culvert, pipe or water course through, across or under, any street or any place laid out as, or intended for, street, or under any celler 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 Municipal area.
(2) A Council, or any person acting under its authority for such purpose may enter upon and construct any new drain in place of an existing drain in any land wherein any drain vested in the Council has been already constructed or may repair or alter any drain vested in the Council.
(3) In the exercise of any power under this section no unnecessary damage shall be done, and compensation, which shall, in case of disput
Where it is necessary for the execution of a scheme under the provisions of this Act to carry a sewer or drain into, across or under, the land within the limits of the area of any other local authority for the purpose of the ultimate disposal of the sewage, the consent of such other local authority shall be obtained on such terms and conditions as may be mutually agreed upon, or in default of agreement, as may be decided by the State government.
(2) No drains or sewers or channels shall be constructed or any outfall or disposal be carried into, across or under, the land vesting in the State Government or the Central Government except with their prior permission.
If any building or land or both be at any time undrained or not drained to the satisfaction of the Council, the Council may, by a written notice, call upon the owner to construct or lay from such building or land or both a drain or pipe of such size and materials, at such levels, with such falls as it thinks necessary for the drainage of such building or land or both into--
(a) some drain or sewer, if there be a suitable drain or sewer within 50 feet of any part of such building or land; or
(b) a covered cesspool to be provided by such owner, as approved by the Council.
Any owner or occupier of any house or premises or any factory or business concern may, with the written permission of the Council, provide, in lieu of or in addition to water-carriage system, a septic tank or sanitary latrine for the disposal of the night-soil. The effluent from the septic tank or sanitary latrine after proper treatment may be discharged into the main sewer or disposed of in such manner as may be approved by the Council.
(1) It shall not be lawful to erect any building or to rebuild any building, or to occupy any building newly erected or rebuilt, unless and until--
(a) a drain be constructed of such size, materials and description, at such level, and with such fall, as shall appear to the Council to be necessary for the effectual drainage of such building;
(b) there have been provided for any set up in such building and in the land appurtenant thereto all such appliances and fittings as may appear to the Council to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said land and of effectually flushing the drain of the said building and every fixture connected therewith.
(2) The drain, to be constructed as aforesaid, shall empty in
The owner or occupier of any building or land within the Municipality shall be entitled to cause his drains to empty into the sewers of the Council:
Provided that he first obtains the written permission of the Council and that he complies with such conditions as the Council may prescribe as to the mode in which and the superintendence under which the communications are to be made between the drains not vested in the Council and drains which are so vested.
(1) If the owner or occupier of any building or land desires to connect the same with any Municipal drain, by means of drain to be constructed through land or to be connected with the drain belonging to or occupied by or in the use of some other person, he may make a written application to the Council.
(2) The Council may, thereupon, after giving to such other person a reasonable opportunity of stating any objections to such application, and if no objection is raised or if any objection which is raised is in its opinion insufficient, by an order in writing, authorise the applicant to carry his drain into, through, or under the said land, or into the said drain, as the case may be, in such manner and on such condition as to the payment of rent or compensation and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the said
1[(1) Where the Council is of the opinion that--
(a) any drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or other receptacle for filth or refuse may be moved or removed;
(b) any privy or cesspool or additional privies or cesspools, should be provided in or on any building or that in any Municipality in which a water-closet system has been introduced, such water-closets should be substituted for the existing privies in or on any building or land, or that additional water-closets should be provided therein or thereon; or
(c) pour-water flush latrines or any other type of latrines should be substituted for the existing service latrines in any building or on land within the limits of Municipality, it may, by written notice call upon the owner or occupier of such building or
(1) All sewers, drains, privies, water-closets, urinals, house-gullies and cesspools within a Municipality shall, unless constructed at the cost of the Council be altered, repaired and kept in proper order at the cost and charge of the owner of lands or buildings to which they belong, or for the use of which they have constructed or continuing; and the Council may, by written notice, require any such owner to alter, repair, and put the same in good order in such manner as it may deem fit.
(2) The Council may, by written notice, require the owner to demolish or close any privy or cesspool whether constructed before or after the coming into operation of this Act, which in the opinion of the Council is a nuisance, or is so constructed as to be inaccessible for the purpose of scavenging or incapable of being properly cleaned or kept in good order.
When any building or land within the Municipality has a drain communicating with any cesspool or sewers, the Council, if it considers, that such drain, though it may be sufficient for the drainage of such building or land and though it may be otherwise unobjectionable, is not adapted to the general sewerage of the locality, may close such drain and cesspools or sewers, whether they are or are not on the land vested in the Council, on providing a drain or drains equally effectual for the drainage of such building or land and the Council may, subject as aforesaid, do any work necessary for the purpose.
The Council may, by written notice, require that any such sewers, drain, privy, water-closet, house-gully or cesspool on any land within Municipal limit constructed, rebuilt or unstopped--
(a) after such land became part of a Municipality; and
(b) either without the consent or contrary to the orders, directions or general regulations or bye-laws of the Municipality, or contrary to the provisions of any enactment in force at the time when it was constructed, rebuilt or unstopped, shall be demolished, amended or altered, as it may deem fit, by the person by whom it was so constructed, rebuilt or unstopped and every person so constructing, rebuilding or unstopping any such sewers, drain, privy, water-closet, house-gully, or cesspool, whether he does or does not receive such notice or does not comply therewith shall, in addition to any penal
(1) Whoever, without the written consent of the Council first obtained, makes or causes to be made any drain into or out from any of the sewers or drains vested in the Council, shall be punished with fine which may extend to twenty-five rupees, and the Council may, by written notice require such person to demolish, after remake or otherwise deal with such drain as it may think fit.
(2) No building shall be newly constructed or reconstructed over any sewer or drain, culvert, or gutter vested in a Council, without the written consent of Council and the Council may, by written notice, require any person who has so constructed or reconstructed any building without such written consent, to demolish or otherwise to deal with the same as it may deem fit.
(1) The Council or any officer appointed by it for such purposes may, after due notice to the owner and subject to the restrictions of this Act, inspect any sewer, drain, privy, water-closet, house-gully or cesspool, and for that purpose at any time between sunrise and sunset, may enter upon any land or buildings with assistants and workmen, and cause the ground to be opened wherever necessary for such inspection causing as little damage as may be.
(2) The expenses of such inspection, and of restoring the ground to its former position shall be borne by the Council, unless the sewer, drain, privy, water-closet, urinal, house-gully or cesspool is found to be in bad order or condition or was constructed in contravention of the provisions of any enactment or of any bye-law or orders thereunder in force at the time or issued in respect of such construction in which case such expenses sh
(1) The Council may, if it thinks fit, cause any work the execution of which may be ordered by or on behalf of the Council under the provisions of this chapter to be executed by Municipal or other agency under its own orders, without first of all giving the persons by whom the same would otherwise have to be executed the option of doing the same.
(2) The expenses of any work so done shall be paid by the person aforesaid, unless the Council shall, by a general or special order or resolution, sanction, as it is hereby empowered to sanction, the execution of such work at the charge of the Municipal Fund.
(3) Any pipes, fittings, receptacles, or other appliances for or connected with the drainage of private buildings or lands shall, if supplied, constructed or erected at the expense of the Council, be deemed to be Municipal property unless t
In a Municipal area without any sewers, the Council may require the construction of septic tanks, dugwell privy, or sanitary latrines or other method of hygienic disposal of night-soil.
In every house in any sewered area where a septic tank, dugwell privy, sanitary latrine, or any other method of hygienic disposal of night-soil is not feasible, the owner of the house shall provide service privy of the type approved by the Council.
Explanation.--Service privy means a fixed privy which is cleaned by hand but does not include a movable commode.
A Council may permit the construction of common privies, urinals and drains for any group of houses or huts in such manner as may be prescribed by bye-laws.
(1) No person shall construct a drain, privy, latrine, urinal, cesspool, or other receptacles within fifty feet of any source of water-supply, except with the permission of the Council and on such conditions as may be prescribed by Council.
(2) The Council may, by notice, require any owner or occupier on whose land any drain, privy, latrine, urinal, cesspool, or other receptacle for filth or refuse for the time being exists within fifty feet of any spring, well, tank, reservoir or other source from which water is or may be derived for public use, to remove or close the same within one week from the service of the notice.
For the purposes of obtaining a supply or an additional supply of water or of distributing the same, the Council shall have the same powers and be subject to the same restrictions for carrying, renewing, repairing and altering water mains, pipes and ducts within or without the Municipal area as it has and is subject to under the provisions hereinbefore contained for carrying, renewing and repairing drain within the Municipal area.
(1) The Council may, at any time, by written notice, require the owner or any person who has the control over any well, stream, channel, tank or other sources of water-supply, whether such sources are private property or not within a reasonable time to be specified in the notice, or in any case falling under clause (d) within 24 hours of such notice--
(a) to keep and maintain any such source of water supply other than a stream, in good repair; or
(b) to cleanse any such source of water supply from silt, refuse and decaying vegetation; or
(c) to protect any such source of water-supply from pollution by surface drainage in such manner as the Council may direct; or
(d) to repair, protect or enclose in such manner as the Council may approve, any such so
(1) Where any building or anything affixed thereon or any tree standing within the premises is deemed by the Council to be in a ruinous state or likely to fall or in any other way dangerous to any inhabitant of such building or of any neighbouring building or to any occupier thereof or to passers by, the Council shall immediately, if it appears to it to be necessary, cause proper hoard or fence to be put up for the protection of passers by :
Provided that if the danger be not of hourly imminence the Council may, instead of causing a hoard or fence to be put up, issue, in the first instance notice in writing to the owner or occupier to put up a proper hoard or fence and in the event of the owner or occupier failing to put up, within two days from the service of such notice, a hoard or fence, which the Council considers sufficient in the circumstances of the case, the Council shall a
(1) Whoever displaces, takes up, or makes any alteration in the pavement, gutter, flags, or other materials of any public street or the fences, walls, posts thereof, of any Municipal lamps, lamp-posts, brackets, water-posts, hydrants or other such Municipal property, therein, without the written consent of the Council or other lawful authority, shall be punished with fine which may extend to one hundred rupees.
(2) Any person who having displaced, taken up or made alteration in any such pavement, gutter, flags, or other materials or in such fences, walls, posts, Municipal lamps, lamp-posts, brackets, water-posts, hydrants or other Municipal property, shall fail to replace or restore the same to the satisfaction of Council after notice to do so, shall be punished with fine which may extend to fifty rupees, and shall pay any expense which may be incurred in replacing or restoring the
1[(1) No person shall except with the written permission of the Chief Municipal Officer granted in this behalf and in accordance with such conditions including the payment of rent or fee, as he may impose either generally or specially in this behalf :--
(a) erect or set up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street so as to form an obstruction to, or an encroachment upon, or a projection over, or a to occupy any portion of such street, channel drain, well or tank.
(b) deposit upon any street or upon any open channel, drain or well in any street or upon any public place, any stall, chair, bench, box, ladder, bale or other thing whatsoever, so as to form an obstruction thereto or encroachment thereon.
(1) A person intending to construct or take down any building or to alter or repair any building externally shall, if the position or circumstances of the work is or are likely to cause or may cause obstruction, danger or inconvenience in any street, before beginning such work--
(a) obtain the permission from the Council; and
(b) cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on from the street and shall maintain such hoard or fence standing and in good condition to the satisfaction of the Council during such time as the Council considers necessary for the public safety or convenience and shall cause the same to be sufficiently lighted during the night, and shall remove the same when directed by the Council.
(2) Whoever contravenes
(1) The Council shall, during the construction or repair of any of the streets, sewers, drains or other premises vested in the Council, take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings, and shall cause such bars, chains or posts as it shall think fit, to be fixed across or in any street to prevent the passage of carriages, carts or other vehicles or of cattle or horses when such construction or repair is being carried on and shall cause any such construction or repair work in a street to be sufficiently lighted and guarded during the night.
(2) Whoever takes down, alters or removes any of the said bars, chains or posts or removes or extinguishes any such light without the authority or consent of the Council, shall be punished with fine which may extend to fifty rupees.
(1) No person shall, without the written permission of the Council or otherwise that in accordance with the conditions of such permission, make a hole in any street or deposit on any street any timber, stone, brick, earth or other material that has been or intended to be used for building. Such permission shall be terminable at the discretion of the Council, and when such permission is granted to any person, he shall, at his own expense, cause such material or such hole to be sufficiently fenced and enclosed to the satisfaction of the Council until the materials are removed, or the hole is filled up or otherwise made secure, and shall cause such material or hole to be sufficiently lighted during the night.
(2) Whoever contravenes any of the provisions of sub-section (1) shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to ten
(1) If, in the opinion of the Council, the working of any quarry or the removal of stone, earth or other material from the soil in any place is dangerous to persons residing in or having a right of access to the neighbourhood thereof, creates or is likely to create a nuisance, the Council may by written notice, require the owner of the said quarry or place or the person responsible for such working or the removing of such material not to continue or permit the working of such quarry or to make such order with such quarry or place as the Council shall direct for the purpose of preventing the danger or of abating the nuisance arising or likely to arise therefrom :
Provided that if such quarry or place is vested in the State Government or if such working thereof or removal therefrom, as aforesaid, is being carried on by or on behalf of the State Government or any person acting with th
Whoever, with the permission of the Council lops or cuts the branches or twigs of any tree or plant standing on a public place or plucks the fruits, flowers or leaves of such tree or plant or causes any damage thereto, shall be punishable with fine which may extend to 1[one thousand rupees] or in the case of second or subsequent breach, to 1[two thousand rupees.]
____________________
1. Substituted by Madhya Pradesh Act No.12 of 1995.
(1) If, for any reason, it shall appear to the Council that any building or any room in a building or intended for or used as a dwelling is unfit for human habitation, the Council shall give to the owner or occupier of such building notice, in writing, stating such reasons, and signifying its intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall in such notice call upon the owner or occupier aforesaid to state, in writing, any objection thereto within 30 days after the receipt of such notice and if no objection is raised by such owner or occupier within such period aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Council invalid or insufficient, the Council may, by order in writing, prohibit the further use of such building or room as a dwelling.
(2) When any such objectio
It shall be lawful for the President, Vice-President, Chairman of 1[President-in-Council], Chief Municipal Officer or Councillor or any officer, authorised by the Council in this behalf, at any time between sunrise an sunset after due notice to enter into and inspect all buildings and lands, and by written notice to direct for sanitary reasons all or any part thereof to be forthwith internally and externally lime washed or otherwise cleansed.
____________________
1. Substituted by Madhya Pradesh Act No. 20 fo 1998.
(1) If the State Government is of opinion that risk of disease has arisen either to any occupier in or to any inhabitant in the neighbourhood of any area by reason of any of the following defects, namely :--
(a) the manner in which either buildings or blocks of buildings already existing or projected therein, are, or are likely to become, crowded together; or
(b) the impracticability of cleaning any such building or blocks of buildings, already existing or projected; or
(c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks or areas as aforesaid; or
(d) the narrowness, closeness, bad arrangement or bad condition of the streets or building or groups of buildings, i
The Council shall, as far as possible, arrange for detection, inspection, abatement and removal of nuisances.
On receipt of any information about the existence of a nuisance in any locality, the Council shall cause the matter to be investigated and if it appears to it that the nuisance is wholly or partly caused by any act or default of the owner, lessee or occupier of the premises or of any person or persons outside the premises, the Council may require the owner, lessee or occupier of the premises or other person or persons responsible for causing the nuisance to take such measures as may be specified in the notice, within the period specified therein.
Every such owner, lessee or occupier of the premises or other person responsible for causing the nuisance shall forthwith comply with the directions of the notice, failing which the Council may, without prejudice to any penalty to which he may be liable under this Act, take such action for restraint, abatement and removal of the nuisance as may be considered necessary and realize the expenses incurred by the Council from the owner, lessee, occupier or the person or persons concerned in the manner provided in Chapter VIII.
If any house, building, shed or structure or any factory, workshop, workplace or any manufactory or place of trade is in such a condition that the nuisance cannot be abated or removed without structural alteration, reconstruction or demolition of such house, building, shed or structure, the Council may direct the owner, lessee or occupier to make the alteration or reconstruction in the manner specified in the direction or to demolish the house, building, shed or structure within the period specified therein failing which, the Council may, without prejudice to any penalty to which he may be liable under this Act. after giving due notice, prohibit the use of the house, building, shed or structure and may carry out the improvement or with permission of a Magistrate exercising not less than second class power, demolish the house, building, shed or structure and recover the expenses from the party concerned in such manner as the Council may decide and no compensation shal
(1) Whoever deposits, or causes or suffers any member of his family or household to deposit any dust, dirt, dung, ashes, garden, kitchen or stable refuse, or filth of any kind, or any animal matter, or any broken glass or earthen ware or other rubbish or any other thing that is or may be nuisance in street or in any arch under a street or in any drain beside a street or on any open space or on the bank of any river, watercourse or nullah, except at such places, in such manner and at such hours as shall be fixed by the Council and whoever commits, or suffers any member of his family or household to commit nuisance in any such place as aforesaid shall be punished with fine which may extend to fifty rupees.
(2) Whoever throws or puts or causes or suffers any member of his family or household to throw or put any of the matters described in sub-section (1) except night-soil, or except w
The Council may, where it appears to it to be necessary for the prevention of danger to life or property by public notice, prohibit all persons from stacking or collecting grass, cotton, wood, timber or other inflammable materials or placing mats or thatched huts or lighting fires, in any place or within any limits specified in the notice.
If, in the opinion of the Council, the cultivation of any description of crop, or the use of any kind of manure or the irrigation of land in any specified manner--
(a) in any place within the limits of the Municipality, is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood; or
(b) in any place within or without the limits of the Municipality, is likely to contaminate the water-supply of the Municipality or otherwise render it unfit for drinking purposes, the State Government may, by notification, 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 with respect thereto as may prevent the injury :
Provided that, if the act prohibited
Whoever causes or allows the water of any sink or sewer or any other liquid or other matter which is or which is likely to become offensive, from any building or land under his control to run, drain, or be thrown or put upon any street or open space, or to soak through any external wall, or causes or allows, any offensive matter from any sewer or privy to run, drain or to be thrown into a surface drain in any street without the permission in writing of the Council or who fails to comply with any condition prescribed in such permission shall be punished with fine which may extend to twenty-five rupees.
Whoever, being the owner of any building or land, keeps or allows to be kept for more than twenty-four hours, or otherwise than in some proper receptacle, any dirt, dung, bones, ashes, night-soil, filth or noxious or offensive matter in or upon such building or land or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to remove the filth from and to cleanse and purity such receptacle or keeps or allows to be kept in or upon such building or land any animal in such a way as to cause nuisance, shall be punished with fine which may extend to fifty rupees and with further fine which may extend to five rupees for every day on which such offence is continued after the date of the first conviction for such offence.
The Council may from time to time fix the hours within which only it shall be lawful to remove any night-soil or any other offensive matter.
(2) Whoever--
(a) when the Council has fixed such hours, and given public notice thereof by beat of drum, removes, or causes to be removed, along any street any such offensive matter at any time except within the hours so fixed; or
(b) at any time, whether such hours have been fixed by the Council or not--
(i) uses for any such purpose any cart, carriage, receptacle or vessel not having a covering adequate for preventing the escape of the contents thereof, and of the stench therefrom; or
(ii) wilfully or negligently slops or spills any such offensive matters in the r
(1) Filthy building, etc.--
Whoever, being the owner or the occupier of any building or land, whether tenantable or otherwise, suffers the same to be in a filthy or unwholesome state, or in the opinion of the Council, a nuisance to persons residing in the nighbourhood, or over-grown with prickly-pear or rank and noisome vegetation and who shall not, within a reasonable time after notice, in writing, by the Council to cleanse, clear or otherwise to put such building or land in a proper state, have complied with the requisition contained in such notice, shall be punished with fine which may extend to twenty-five rupees, and with further fine which may extend to five rupees for every day on which the failure to comply with the said notice is continued after the date of the first conviction for such offence.
(2) Deserted and offensive buildi
A Council shall cause public dustbin or other convenient receptacles to be provided at suitable intervals and in proper and convenient places and shall direct by public notice, that all sweepings in any house or premises, and all rubbish, garbage or offensive matter accumulating therein, shall be collected by the occupier of the house or premises and deposited in such public dustbins.
Every Council shall make arrangements for daily sweeping of the public streets under its control and for removing the rubbish, dirt and other matter from such street and from the public dustbins and other receptacles, and for cleaning and Hushing of the roadside drains.
The Council may arrange for controlled tipping or dumping of refuse and offensive matter in low lands without causing any nuisance or injury to health of the people of locality or in the lands away from the inhabited areas or may arrange for their satisfactory disposal by incineration or by composting on scientific lines.
Whoever, except with the written permission of the Council, and in accordance with the conditions of such permission, stores or uses night-soil or other manure or substance emitting offensive smell shall be punished with fine which may extend to twenty-five rupees.
(1) A Council may provide and maintain public bathing places or swimming pools with sheds, booths and other conveniences and may permit any person, club or association to provide and maintain such bathing places and swimming pools open to general public or to members only of the clubs or associations.
(2) All public bathing places except those maintained by the Council shall be licensed by the Council and every such licence shall be renewable every year, but may be revoked or cancelled by the Council if in its opinion the management of any public bathing place is not satisfactory from the hygienic point of view.
(3) The Council may fix the charges for the use of the sheds, booths and other conveniences provided by the Council at any bathing place.
(4) The Council may order the closure of any b
(1) The Council may set apart sufficient public places, not being private property for the purpose of being used as bathing places, and may also provide or set apart a sufficient number of tanks or runs of water for the inhabitants to bath, in, and may also set apart tanks or reservoirs or runs of water for washing animals or clothes, and for all purposes connected with the health, cleanliness and comfort of the inhabitants and may prohibit the use for any purpose mentioned in this section of any or all other public places within the Municipality.
(2) Copies of all orders passed and notice issued by the Council and for the time being in force under this section shall be kept at the Municipal office and shall be open to inspection by the public at all reasonable times.
(1) The Council may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as it shall appoint for this purpose and when any such prohibition has been made, no person who is, by calling, a washerman shall wash clothes at any place not appointed for this purpose by the Council, except for such person himself or for the owner or occupier of such place.
(2) The Council may provide suitable places for the exercise by washermen of their calling, and may require payment of such fees for the use of any such place as shall from time to time determined by it.
(3) The Council shall, before issuing any public notice under sub-section (1), publish in such manner as shall in its opinion be sufficient for the information of persons likely to be affected thereby a list of washing places p
Whoever, in disobedience of any order of the Council, under Section 248 or of any bye-laws, baths in any stream, pool, tank, reservoir, well, cistern, conduit or aqueduct belonging to the Council or washes, causes to be washed therein, any animal or anything whatsoever, or throws, puts or casts or causes to enter therein any animal or anything or cause or suffers to run, drain, or be brought there into anything that is, or may become, a nuisance, does anything, whatsoever, whereby any water therein shall be in any degree fouled or polluted, and whoever, without permission of the Council, steps in any tank, stream, or ditch within, or on the boundary of the Municipality any animal, vegetable or mineral matter likely to render the water of such tank, stream, or ditch offensive or a nuisance, shall be punished with fine which may extend to fifty rupees.
(1) If in the opinion of the Council:--
(a) any pool, ditch, quarry, hole, excavation, tank, well, pond, drain, watercourse, or any collection of water; or
(b) any cistern or other receptacle for water whether within or outside the building; or
(c) any land on which water accumulates and which is situated within a distance of 100 yards from any building used as a dwelling house, is or is likely to become a breeding place of mosquitoes or in any other respect a nuisance or otherwise injurious to the health of the inhabitants, the Council may, by notice in writing, require the owner thereof to fill up, cover or drain up the same in such manner and with such materials as the Council shall prescribe, or to take such measures for removing or abating the nuisance as the Council shall prescribe.
&
(1) The Council may, by public notice require that every dog while in the streets and not being led by some person shall be muzzled in such a way as to allow the dog freely to breath and to drink, while actually preventing it from biting.
(2) Subject to the provisions of sub-section (3), the Council may take possession of any dog found wandering unmuzzled in any public place and may either detain such dog until its owner has claimed it, has provided a proper muzzle for it, and has paid all the expenses of its detention or cause it to be destroyed.
(3) When a dog which has been detained under the last preceding sub-section is wearing a collar with owner's name and address thereon, such dog shall not be destroyed until a letter stating the fact that it has been so detained has been sent to said address and the dog has remained unclaimed fo
(1) If it shall appear to the Council, at any time that nuisance or annoyance is caused to the public by the keeping of pigs within the limits of the Municipal area the Council may direct by public notice that no person shall, without the written permission of the Council or otherwise than in conformity with the terms of such permission keep any pigs in any part of the Municipal area.
(2) Whoever shall, after such direction, keep any pigs in any place within the Municipal area without the permission required as aforesaid, or otherwise than in accordance with the terms thereof, shall be punishable with fine which may extend to fifty rupees.
(3) Any pigs, found, straying, may be forthwith destroyed and the carcass thereof disposed as the Council shall direct. No claim shall lie for compensation for any pig so destroyed.
Whoever tethers cattle or other animals or causes or suffers them to be tethered by any member of his family or household, in any public street or place so as to obstruct or endanger the public traffic therein, or to cause nuisance, or whoever causes or suffers such animals to stray about without a keeper shall, on conviction, be punishable--
(a) for a first offence, with fine which may extend to twenty-five rupees;
(b) for any subsequent offence, with fine which may extend to fifty rupees.
(1) It shall be lawful for the Council to direct by public notice that every furnace employed or to be employed in any works or building used for the purpose of any trade or manufacture whatsoever, within the limits of the Municipality whether a steam engine be or be not used or employed therein, shall in all cases be constructed, supplemented or altered so as to consume or burn, or reduce as far as may be practicable the smoke arising from such furnace.
(2) If any person shall, after such direction, use or permit to be used any such furnace not so constructed, supplemented or altered or shall so negligently use, or permit to be used, any such furnace that smoke, arising therefrom, shall not be effectually consumed or burnt as far as may be practicable, such person, being the owner or occupier of the said works or buildings or an agent or other person employed by such owner or occu
Whoever feeds any animal which is kept for dairy purposes or is intended for human food, on excrementitious matter, stale, refuse, filth or other offensive matter, or permits such animals to feed or be fed on such matter shall be punishable with fine which may extend to fifty rupees.
Whoever kites kites, or discharges fire-arms or lets fireworks for fire-baloons or engages in any game, in such a manner as to cause or likely to cause danger or annoyance to persons passing by or dwelling or working in the neighbourhood or risk of injury to property, shall be punishable with fine which may extend to twenty five rupees.
Whoever spits in any place other than a drain or receptacle provided for the purpose by the Council shall be punishable with fine which may extend to twenty five rupees.
A Council may establish and maintain market at suitable place for the convenience of the people of the Municipal area and may permit, by issue of licences to private persons, to establish and maintain such markets. For this purpose the Council may acquire, purchase or take on lease any land, building or structure for establishing a market or may take over an existing market from the owner thereof on payment of such compensation as may be determined under the provisions of this Act.
(1) It shall be lawful for the Council to direct that no place other than a Municipal market shall be used for the sale of animals, meat, fish, fruits, vegetables or such other articles as the Council may, with prior sanction of the prescribed authority, specify in this behalf except under and in accordance with the conditions of a licence from the Council which may, at its direction from time to time, grant, suspend, withhold or withdraw such licence either generally or in individual cases.
(2) Whoever uses or permits the use of any place contrary to such direction or without the licence required as aforesaid, or in contravention of any of the conditions of during the suspension or after the withdrawal of such licence, shall be punished with fine which may extend to fifty rupees.
(3) Upon a conviction being obtained in respect of any pl
Every market shall be provided with sufficient water-supply, drainage, sanitary latrines and urinals; and stalls for sale of meat, fish, fruits or vegetables and shall be on raised plinth, with, as far as practicable, such impervious floor as may be specified by the Council. An owner of a private market who does not comply with the aforesaid provisions as regards the plinth or floor of stalls shall be liable to have his licence cancelled in addition to any penalty to which he may be liable under this Act.
(1) The Council may, from time to time, open or close any market or slaughter-house. It may also either take stallage or other rent or fees for the use by any person or any such market or slaughter-house or from time to time sell, by public auction or otherwise, the privilege of occupying any stall or space in or of otherwise using any such markets or slaughter-house.
(2) Whoever, without the permission of the Council, sells or exposes for sale any article in the said market or uses the said slaughter-house, shall be punished with fine which may extend to twenty-five rupees.
(3) It shall be lawful for the Council to lease by public auction or private contract the collection of any rent or fees which may be imposed under this section or Section 264 :
Provided that the lessee shall give security
If any officer specially empowered in this behalf by the Council is satisfied that any person occupying any stall or space in any Municipal market is in unauthorised occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with previous sanction of the Council, require such person to vacate the stall or space within such time as may be mentioned in the requisition and such person may, in addition to any penalty to which he may be liable under this Act, be summarily removed from the stall or space.
(1) The Council may, and when required by State Government, shall fix places, with the approval of the State Government, either within or without the limits of the Municipality, for the slaughter of animals or of any specified description of animals, for sale, and may with the like approval grant and withdraw licences for the use of such premises, or if they belong to the Council may charge rent or fees for the use of the same.
(2) When such places have been fixed by the Council beyond Municipal limits it shall have the same power to make bye-laws for the inspection and proper regulation of the same as if they were within those limits.
(3) When any such premises have been fixed no person shall slaughter any such animal for sale within the Municipal area at any other place.
(4) Any person who s
The Council may, with the previous sanction of the Collector and by notification, published in accordance with rules, made under this Act, fix premises within the limits of the Municipality in which the slaughter of animals of any particular kind not for sale shall be permitted, and prohibit, except in case of necessity, such slaughter elsewhere within those limits :
Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.
A Council shall arrange for inspection of the animal by a Veterinary Surgeon or a competent person before the animal is killed and may also arrange for inspection of the meat and organs for the purpose of certification, as may be prescribed by bye-laws of the meat for use as food.
No person shall carry on the profession of a butcher except under a licence from the Council.
(1) No person shall sell or offer or expose for sale at any place within the Municipality--
(i) any animal or any meat or fish intended for human food; or
(ii) any milk or dairy product, sweetmeat, fruits, vegetables, betels (ready for chewing), ice, ice-cream, aerated waters, syrups or soft drinks, fruit juice or neera, confectionary and prepared food or drink of any kind, except under and in accordance with the conditions of a licence granted by the Council.
(2) No sale of any such article shall be permitted at any place near any stable, public latrine, drain or manhole.
(3) The provisions of sub-section (2) shall apply to sale of any such article from any house, shop, or stall (movable or otherwise) and to sale on roads and roadsides.
&n
1[(1) The President, Chairman of the 2[President-in-Council], Chief Municipal Officer, Health Officer, Assistant Veterinary Surgeon of the Agriculture (Veterinary) Department of the Government or any Councillor or officer authorised by Council in this behalf :--
(a) may, at all reasonable times, enter into any place for the purpose of inspecting and may inspect any animals; carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, Hour, milk, ghee, butter or other articles intended for human consumption or drink or for medicine, whether exposed or brought to any place for the purpose of sale or of preparation for sale, or may enter into and inspect any place used as a slaughter-house, and may examine anything which may be therein: and
(b) in case any such animals, carcasses or other articles hereto before mentioned app
In any prosecution for adulterated and misbranded food the Court shall, unless and until the contrary is proved, presume that any article of food found in the possession of a person who is in the habit of manufacturing, preparing, selling, storing, distributing or carrying on in transit like articles, has been manufactured, stored or carried for sale or distribution for human consumption by such person.
A Council may establish a model dairy with farm for production and supply of good milk and the State Government may lay down standard requirements for such establishment.
(1) No person shall, for the purposes of trade, use or permit to be used any place for stabling milch cattle or for storing or selling milk or for making, storing or selling butter except under and in accordance with the term of a licence from the Council.
(2) The Council may grant such licence subject to such conditions as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licensee :
Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any such notice.
(3) Whoever so uses or permits to be used any place for any of the aforesaid purposes without or in contravention of any of the conditions, of, or after the withdrawal of or during the suspension of, such licence shall be punished w
Any officer of the Council when so authorised by the Council shall have the power to inspect dairies and the milch cattle so as to ensure that proper sanitary arrangements arc made--
(a) for securing the purity of milk:
(b) for the health and good condition of the milch cattle;
(c) for cleanliness of milk vessels used therein; and
(d) for protection of milk against infection or contamination.
If in any Municipality any infectious disease amongst cattle, sheep or goats breaks out or if the introduction of any such disease appears to be likely, the Council shall take all such measures as it deems necessary for the purpose of preventing meeting, mitigating or suppressing the disease or the outbreak or introduction thereof.
All births, deaths and marriages occurring within the Municipal area shall be registered in the manner prescribed by rules.
(1) It shall be the duty of the father or of the mother of every child born within the limits of any Municipality or in the case of death, absence or disability of the father and mother the head of the family in which the child is born or the occupier of the house or any person assisting at the time of birth of such child to give information within 8 days of such birth either in person or in writing to the Chief Municipal Officer with such particulars as are required for the registration of the birth of such child.
(2) It shall be the duty of head of the family in which death has occurred or the occupier of the house or any neighbour to give information within 8 days of such death either in person or in writing to the Chief Municipal Officer, with such particulars as are required for the registration of the death.
Any medical practitioner (which term shall include any person practising any system of medicine) or any midwife, nurse, dai, or any person attending a case of birth or of death shall duly notify to the Chief Municipal Officer, the birth or death attended by him or her. The information shall be given either personally or in such a manner as may be convenient within 8 days of the occurrence of the birth or the death.
Any person who neglects or refuses to give any information which it is his duty to give under Section 276 or Section 277 shall be liable to punishment which may extend to fifty rupees.
(1) The Council may provide open space, park, playgrounds, commons, swimming tanks and amenities for the use and employment of the people and may frame bye-laws regulating their use.
(2) The Council may reserve any such place for the exclusive use of women and children.
(3) Two or more local authorities may jointly provide and maintain open spaces, park playgrounds and swimming pools.
(1) The Council may likewise provide common pasture lands tor the use of domestic cattle
(2) Common pasture land may be let out at such tees as the Council may, from time to time, prescribe. No person shall graze his cattle on such common pasture land without permission from the Council and payment of such fees as may be fixed by the Council.
(3) In all common pasture lands there shall be adequate water supply for the cattle to drink and for washing of cattle.
The Council may prescribe the hours and restrictions for the use of any park, playground or common pasture land and may, at any time, prohibit the use of any such place for any purpose other than games and recreation or close any such place.
(1) The State Government may, either on its own motion or on the request of a Council in respect of any Municipality and after making such inquiry as it deems necessary, notify, by a notice published in the official gazette any area or areas to be reserved from a date fixed therein, for use in the future for any special purpose of public utility such as public parks, playgrounds, educational and medical or public health institutions, markets, stands for vehicles and animals, public recreation centres and housing colonies.
(2) After such reservation has been noticed--
(a) no construction shall take place on any area or areas so declared without the special permission of the State Government in this behalf; and
(b) if any construction, structure or building is sought to be transferred by the own
(1) If it be shown to the satisfaction of the Council that any building or place used or intended by any person to be used--
(a) for boiling or storing offal, blood, bone or rags;
(b) for salting, curing and storing fish;
(c) for storing hides, horns and skins;
(d) for tanning;
(e) for manufacture of the leather or leather goods;
(f) for dyeing;
(g) for melting tallow or sulphur;
(h) for washing or drying wool or hair;
(i) as a brick, pottery or lime klin;
(j) for soap making;
&nbs
The owner, keeper or manager incharge of offensive or dangerous trade shall made adequate provision for sanitary convenience in all premises and houses used for such trades and maintain them in good condition.
(1) No person shall use or employ in any factory or any other place any whistle or trumpet operated by steam or by mechanical means for the purpose of summoning or dismissing workmen or person employed except under in accordance with the condition of a licence from the Council.
(2) The Council may grant such licence subject to such condition as it may deem fit and may at any time withdraw such licence on giving one month's notice to the licensee :
Provided that where the licensee has contravened any of the conditions of the licence, the licence may be withdrawn without any such notice.
(3) Whoever uses or employs any such whistle or trumpet as aforesaid, without or in contravention of any of the condition or after the withdrawal of such licence, shall be punishable with fine which may extend t
(1) A Council may and if directed by the State Government shall establish and maintain a Fire Brigade and provide any implements, machinery or means of communicating intelligence which it thinks necessary for prevention and extinction of fire.
(2) It shall be the duty of all Police officers and all Municipal officers and servants to aid a fire brigade in the execution of its duties.
(1) On the occasion of a fire, within the limits of the Municipality, any Magistrate, the President of the Council, Chief Municipal Officer, or any member of a Fire Brigade then and there directing the operations of men belonging to the Brigade and, if directed so to do by a Magistrate or the President of the Council or Chief Municipal Officer, any Police officer above the rank of constable, may--
(a) remove or order the removal of any person who, by his presence, interferes or impedes the operations of extinguishing the fire or for saving life or property;
(b) close any street or passage in or near which any fire is burning;
(c) for the purpose of extinguishing the fire break into or through or pull down or cause to be broken into or through or pulled down, or use or cause to be used for the
(1) Whoever, in any street or public place within the limits of a Municipality to which the provisions of this section may be applied by the State Government, by notification, begs for alms, or exposes or exhibits any sore or wound or any deformity, disease or bodily ailment with the object to exacting or extorting, alms, shall be punishable with imprisonment of either description for a term which may extend to three months or with fine with may extend to fifty rupees, or with both.
(2) If the Court finds that a person has committed an offence punishable under sub-section (1), it may, if in its opinion the person is unable to earn a livelihood owing to physical infirmity or debility, or is otherwise a fit person to be committed to a poor-house, in lieu of passing a sentence, order that he be committed to a poor-house maintained by the Council or approved by the State Government, fo
(1) Whenever any animal in the charge of any person dies otherwise than by slaughter for sale or for a religious purpose, such person shall, within twenty-four hours, either--
(a) convey the carcass to the place, if any, fixed by the Council for the disposal of the dead animals or if no such place had been fixed to any place at least one mile beyond the limits of the Municipality where such bodies may lawfully be deposited;
(b) give notice of death to the Chief Municipal Officer who shall cause the carcass to be disposed of.
(2) For the disposal of dead animals under clause (b) of sub-section (1) the Chief Municipal Officer may charge such fees as the Council may fix by public notice.
(3) For the purposes of this section, "the animal" shall include
(1) The Council may, by a notice in the prescribed manner, prohibit in any specified part of the Municipal area--
(a) the keeping of a brothel;
(b) the residence of any person who practices prostitution.
(2) Whoever, after the date of the notice issued under sub-section (1)-
(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area;
(b) being the tenant, lessee or occupier of any premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution within the prohibited area; or
(c) being the lessor or landlord, of any premises of the agent to such lessor or landlord, lets the same or any part
On the complaint of the President, or of three or more persons residing within the Municipal limits, that a house, within the said limits, is used as brothel, or by disorderly persons of any descriptions, to the annoyance of the inhabitants of the vicinity, or that any such house is used as a brothel in the neighbourhood of a cantonment or of an educational or charitable institution or boarding-house or of any place of worship, any Magistrate of the first class having jurisdiction in the place where house is situated, may summon the owner or the occupier of the house, and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational or charitable institution or boarding-house, or of any place of worship, may order the owner or the occupier to discontinue such use of it, and if he fails to comply with such
The Council may, in accordance with the bye-laws made in that behalf, control the practice of prostitution within the Municipality.
The provisions contained in Sections 290, 291 and 292 shall be in addition to and not in derogation of the provisions of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956) and anything done or any action taken under these sections shall be subject to the provisions of the said Act.
(1) The service of every notice, and presentation of every bill under this Act, on any person or to any person to whom it is by name addressed, shall, in all cases not otherwise specially provided for in this Act, be effected by a Municipal Officer, servant or other person authorised by the Council in this behalf--
(a) by giving or tendering notice or bill to the person to whom it is addressed; or
(b) if such person is not found by leaving the notice or bill at his last known place of abode, if within the Municipal limits, or by giving or tendering the notice or bill to some adult member or servant of his family; or
(c) it such person does not reside within the Municipal limits, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then
(1) If any person, by reason of his receiving the rent of immovable property as agent, receiver or trustee, or of his being as agent, receiver or trustee of the person who would receive the rent, it' the property were let to a tenant, is, under this Act, bound to discharge any obligation imposed by this Act, on the owner of the property and for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act, or default might have had in his hands funds belonging to the owner sufficient for the purpose.
(2) The burden of proving the fact entitling an agent, receiver or trustee to relief under this section shall lie on him.
(3) If any agent, receiver or trustee has claimed and established his right to relief under this section, the Council may give him notice to app
Whoever disobeys or fails to comply with any lawful direction given by any written notice issued by or on behalf of a Council under any power conferred by this Chapter or fails to comply with the conditions subject to which any permission was given to him by the Council under any power conferred shall, if the disobedience or failure is not an offence punishable under any other section be punished with fine which may extend to five hundred rupees, and in the case of a continuing offence with further fine which may extend to five rupees for every day on which the said disobedience or failure continues after the date of the first conviction :
Provided that when the notice fixes a time within which a certain act is to be done and no time is specified in the Act, it shall rest with the Magistrate to determine whether the time so fixed was reasonable time within the meaning of this Act.<
Whoever does or omits to do an act in contravention of any provisions of this Act or the rules or bye-laws made thereunder or the conditions of a licence or permission granted by Council or any of its officers under the said provisions or rules or bye-laws shall, if such act or omission is not an offence under the said provision or rules or bye-laws, be punished with fine which may extend to five rupees for every day on which such act or omission continues after the date of the first conviction.
(1) Whether under the provisions of this Act any work is required to be executed by the owner or occupier of any building or land and default is made in execution of such work, the Council whether any penalty is or is not provided for such default, may cause such work to be executed; and the expenses thereby incurred shall, unless otherwise expressly provided in this Act, be paid to it by the person by whom such work ought to have been executed, and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII either in one sum or by instalment as the Council may deem fit:
Provided that--
(a) where any Drainage Scheme or Water Work Scheme has been commenced by any Council, it shall be lawful for the Council without prejudice to its power under Section 201 or any other provision of this
Where default is made by the owner of any building or land in the execution of any work required to be executed by him, the occupier of such building or land may, with the approval of the Council, cause such work to be executed and expense thereof shall be paid to him by the owner, or the amount may be deducted out of the rent from time to time becoming due from him to such owner.
If the occupier of any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any provisions of this Act, after notice of his intention so as to carry them into effect has been given by the owner to such occupier; any Magistrate upon proof thereof, and upon application of the owner, may make an order, in writing, requiring such occupier to permit the owner to execute all such works, with respect to such building or land, as may be necessary for carrying into effect the provisions of this Act, and may also, if he thinks fit, order the occupier the costs relating to such application or order: and if, after the expiration of 8 days from the date of the order, such occupier continues to refuse to permit such owner to execute any such work, such occupier for every day during which he so continues to refuse be punished with fine which may extend to fifty rupees and every such owne
The State Government may appoint an officer of the Council to be a Magistrate under the Code of Criminal Procedure, 1898 (V of 1898) to try offences with regard to matter relating to Sections 211, 212, 236, 239, 240 and 241 sub-section (1) of Sections 242, 246, 250 and 269 and may empower to try them summarily.
It shall be lawful for the President, Chief Municipal Officer, Municipal Health Officer or Municipal Engineer or any Councillor authorised by the Council or any officer or servant authorised by the Chief Municipal Officer for such purposes, to enter for the purposes of this Act, between sunrise and sunset with such assistants as he may deem necessary, into and upon any building or land, as well as for the purpose of making any survey or inspection they may be entitled to make for the purpose of executing any work authorised by this Act to be executed by them :
Provided that except when herein otherwise provided no building or land which may be occupied at the time shall be entered unless with the consent of the occupier thereof without 24 hours' written notice thereof having been given to the occupier :
Provided further that in the case
(1) If an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary the apportionment #7; of the same shall be ascertained and determined by a panchayat of three persons of whom one shall be appointed by the Council, one by the party to or from whom such compensation or damages may be payable or recoverable and one, who shall be Sarpanch, shall be selected by the members already appointed as above.
(2) If either party or both parties fail to appoint members within one month from the date of either party receiving written notice from the other of claim to such compensation or damages, or if the members fail to select a Sarpanch, such members as may be necessary to constitute the panchayat shall be appointed at the instance of either party, by the District Court.
&nbs
If a dispute arises with respect to any costs or expenses which are by this Act directed to be paid, the amount, and if necessary the apportionment of the same, shall, save where it is otherwise expressly provided in this Act, be ascertained and determined by the Council and shall be recoverable in the same manner as an amount claimed on account of any tax recoverable under Chapter VIII.
In the case of 1[Nagar Panchayats] all or any of the sections will take effect only when so notified by the State Government in this behalf :--
180, 181, 185, 207, 229, 243, 255, 272 and 273.
____________________
1. Substituted by Madhya Pradesh Act No. 17 of 1994.
Notwithstanding anything contained in this Act all the powers and functions of the Council under--
(a) Sections 183 (5), 184, 185, 186, 1[***], 190, 203, 205, 206, 207, 209, 210, 211, 212, 218, 229, 268 and 283 shall be exercised and discharged by the President; and
(b) Sections 180 (1) and (2), 185, 2[187, 187-A], 191, 192, 194, 195, 196, 198, 199, 200 (2), 204, 208, 213, 215, 216, 217, 220, 221, 222, 223, 224, 225, 226, 227, 232, 233, 234, 236, 239, 241, 242, 246, 250, 251, 252 and 285 shall be exercised and discharged by the Chief Municipal Officer.
____________________
1. Omitted by Madhya Pradesh Act No. 18 of 1997.
2. Inserted by Madhya Pradesh Act No. 18 of 1997.
(1) In the case of a 1[Municipal Council] any person aggrieved by--
(a) a notice or order issued or other action taken by the President under Sections 183 (5) (a) and (b), 184, 2[***], 190, 203, 205, 206, 207, 209, 210, 211, 212, 229, 268 and 283 or any rules or bye-laws made for the purposes of the said sections for any order made appealable by such rules or bye-laws or any order granting or refusing to grant a licence or permission, may appeal to the Council within thirty days from the date of such order and such appeal shall be heard and disposed of by the Council in the prescribed manner;
(b) any notice or order issued or other action taken by the Chief Municipal Officer under Sections 180 (1) and (2), 185, 3[187], 191, 192, 194, 208, 220, 221, 223, 227, 242, 251 and 285 or any rules or bye-laws made for the purposes of the said sect
(1) In the case of 1[Nagar Panchayat] any person aggrieved by :--
(a) any notice or order issued or other action taken by the Council under Sections 193, 197, 219 and 231 or under any rules or bye-laws made for the purposes of the said sections and any order made appealable by such rules or bye-laws;
(b) any notice or order or other action taken by the President under Sections 183 (5) (a) and (b), 184, 187, 190, 203, 205, 206, 207, 209, 210, 211, 212, 218, 229, 268 and 283 or under any rules or bye-laws made for the purposes of the said sections and any order made appealable by such rules or bye-laws;
(c) any notice or order or other action taken by the Chief Municipal Officer under Sections 180 (1) and (2), 185, 191, 192, 194, 208, 220, 221, 223, 227, 242, 251 and 285 or under any rules or by
(1) An appeal under Section 307 or Section 308 or any other provision of this Act or rules made thereunder shall not operate as a stay of proceedings under a notice or order appealed from except so far as the appellate authority may order, nor shall execution of a notice or order be stayed by reason only of an appeal having been preferred from the notice or order; but the appellate authority may, for sufficient cause, order stay of execution of such notice or order.
(2) No order for stay of execution shall be made under sub-section (1) unless the appellate authority making it is satisfied--
(a) that substantial loss may result to the party applying for stay of execution unless the order is made; and
(b) that the application has been made without unreasonable delay.
&
The Council, the Appeal Committee or the Collector shall follow such procedure as may be prescribed.
Notwithstanding anything contained in this Act :--
(a) an appeal or revision pending before any authority under any of the enactments repealed by this Act immediately before the commencement of this Act; or
(b) where a right for appeal or revision has accrued against a notice issued or an order passed immediately before the commencement of this Act and the limitation set out therefor under any of the enactments repealed by this Act, has not expired, such appeal or revision shall be heard and disposed of by the authority competent to hear such appeal or revision in accordance with the provisions of the enactment so repealed.
(2) Notwithstanding any subsequent change in the classification of a Municipality under Section 4 an appeal pending before any authority competent to hear the appeal under
With the previous sanction of the Council the Chief Municipal Officer or such other officer, as may be authorised by the Council in this behalf, may on behalf of the Council-
(a) institute, defend or withdraw from legal proceedings under this Act, or under any rule or bye-law made thereunder or any other enactment for the time being in force;
(b) admit, or compromise or withdraw any claim made under this Act, or under any rule or bye-law made thereunder, or under any other enactment for the time being inforce; and
(c) obtain such legal advice and assistance as he may, from time to time think it necessary or expedient to obtain for any purpose referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon th
(1) The Council, the Chief Municipal Officer or any other officer authorised by the Council in this behalf in the case of 1[Municipal Council] and the Council or any other officer authorised by the Council in this behalf in the case of 1[Nagar Panchayat] may direct--
(i) any prosecution for any offence under this Act or under any rule or bye-law made thereunder;
(ii) proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this Act or of any rule or bye-law made thereunder; and
(iii) that the expenses of such prosecutions or other proceedings be paid out of the Municipal Fund :
Provided that no prosecution for an offence under this Act or under any rule or bye-law made thereu
No distress or attachment made by virtue of this Act shall be deemed unlawful nor shall any party making the same be deemed a trespasser on account of any defect or want of form in any summons, conviction or want of distress or attachment or other proceedings relating thereto, nor shall such party be deemed a trespasser ab initio on account of any irregularity afterwards committed by him; but all persons aggrieved by such irregularity may recover full satisfaction for the special damage in any Court of competent jurisdiction.
If through any act of neglect or default, on account whereof any person shall have incurred penalty imposed by or under this Act, any damage to the property of a Municipality shall have been caused by such person, he shall be liable to make good such damage as well as to pay such penalty and the amount of damage shall, in case of dispute on the application, in writing, of the Chief Municipal Officer, be determined by the Court by whom the person incurring such penalty is convicted, and on non-payment of such amount on demand the same shall be levied by distress and such Council shall issue the warrant accordingly.
In lieu of any process of recovery allowed by or under this Act or in case of failure to realize by such process the whole or any part of any amount recoverable under the provisions of Chapter VIII or of any compensation, expenses, charges or damages payable under this Act, it shall be lawful for the Council to sue in any Court of competent jurisdiction the person liable to pay the same.
(1) The Council or, with the authorisation of the Council, its President, Vice-President, Chief Municipal Officer or Health Officer or any committee thereof, may accept from any person against whom a reasonable suspicion exists that he has committed an offence against this Act or any rule or bye-law made thereunder, a sum of money by way of compensation for such offence.
(2) On payment of such sum of money, the suspected person, if in custody, shall be discharged, and no further proceedings shall be taken against him in regard to the offence or alleged offences so compounded for.
(3) Sums paid by way of compensation under this section shall be credited to the Municipal Fund.
(4) Authorisation under sub-section (1) to accept compensation for alleged offences may be given by the Council either g
No suit shall be maintainable against the Council or any of its committees, or any Municipal officer or servant, or any person acting under or in accordance with the direction of the Council or any of its committees or any Municipal officer or servant, or of a Magistrate, in respect of anything in good faith done or intended to be done under this Act or under any rule or bye-law made thereunder.
(1) No suit shall be instituted against any Council or any Councillor, officer or servant thereof or any person acting under the direction of any such Council, Councillor, officer or servant for anything done or purporting to be done under this Act, until the expiration of two months next after a notice, in writing, stating the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims, has been, in the case of a Council delivered or left at its office, and, in the case of any such member, officer, servant or person as aforesaid, delivered to him or left at his office or usual place of abode; and the plaint shall contain a statement that such notice has been so delivered or left.
(2) Every such suit shall be dismissed unless it is instituted within eight months from the date of the accrual of the alleged cause of action.
&n
(1) Any police officer may arrest any person who commits any offence under this Act or any rule or bye-law made thereunder :--
(a) if the name and address of the person are unknown to him; and
(b) if the person declines to give his name and address or there is reason to doubt the accuracy of the name and address given.
(2) Any person arrested under this section may be detained until his name and address are correctly ascertained :
Provided that no person so arrested shall be detained longer than is necessary for bringing him before a Magistrate unless an order of Magistrate for his detention is obtained.
(3) It shall be the duty of every police officer employed within the limits of the Municipality--
&
When special police protection is, in the opinion of the Council, necessary on occasion of any fair, agricultural show or industrial exhibition managed by the Council, or on the occurrence of any epidemic disease, the State Government may, on the request of the Council, provide such protection.
The Divisional Commissioner, Collector or any officer authorised by the State Government in this behalf by general or special order may--
(a) enter on and inspect or authorise any other person to enter on and inspect any immovable property occupied by Council or any of its committees or any institution under its control or management or any work in progress under its direction;
(b) call for or inspect any record or extract from the proceedings of any meeting of the Council or of any of its committees and any book or document in the possession of or under the control of a Council;
(c) call for any return, statement, account or report which he may think tit to require such Council to furnish;
(d) require a Council to take into its consideration any ob
(1) If, in the opinion of the Divisional Commissioner, the Collector, or any other officer authorised by the State Government, in this behalf, the execution of any order or resolution of a Council, or of any of its Committee or any other authority or officer subordinate thereto, or the doing of any act which is about to be done or is being done by or on behalf of the Council, is not in conformity with law or with the rules or bye-laws made thereunder and is detrimental to the interests of the Council or the public or is causing or likely to cause injury or annoyance to the public or any class or body of persons or is likely to lead to a breach of the peace, he may, by order in writing under his signature, suspend the execution of such resolution or order or prohibit the doing of any such act.
(2) When any order under sub-section (1) is passed, the authority making the order, shall
Section 323 of the Madhya Pradesh Municipalities Act, 1961, provides a mechanism for the suspension of resolutions, orders, or acts of municipal authorities or officers that are not in conformity with law, rules, or bye-laws, or that cause injury or annoyance to the public or any class of persons. It is a vital provision aimed at ensuring lawful conduct of municipal affairs and maintaining administrative discipline within municipal bodies.
Section 323 empowers the Divisional Commissioner or any other officer authorized by the State Government to suspend the execution of any municipal resolution or order, or prohibit acts that are not in conformity with law or rules, if such acts are detrimental to the interests of the municipal council or the public, or likely to cause injury or breach of peace. The order of suspension must be passed in writing, and the authority making the order is obliged to forward it to the State Government for confirmation.
Section 323 applies broadly to resolutions, orders, or acts of municipal authorities or officers that are alleged to be unlawful or harmful. It acts as a check against unauthorized or illegal actions, providing a safeguard for lawful governance. The section is not meant for trivial or minor irregularities but targets acts that threaten public order, violate legal provisions, or cause significant harm.
Section 323 itself does not prescribe specific punishments. Instead, it empowers suspension pending further action. The ultimate consequence depends on subsequent proceedings; if the suspension is confirmed, the resolution or act may be invalidated or set aside. Penalties or disciplinary actions for misconduct, if any, are governed by other provisions or rules applicable to municipal officers.
In summary, Section 323 of the Madhya Pradesh Municipalities Act, 1961, plays a crucial role in maintaining lawful conduct of municipal resolutions and acts, providing a mechanism for suspension when acts are found to be unlawful or harmful. Its proper application ensures the integrity of municipal governance and protection of public interests, while safeguarding against arbitrary or mala fide actions.
In case of emergency the State Government or any officer, authorised by the State Government in this behalf may direct or provide for the execution of any work, or the doing of any act, which a Council is empowered to execute or do, and the immediate execution or doing of which is in its or his opinion, necessary for the health or safety of the public, and may direct that the expense of executing the work of doing the act with a reasonable remuneration to the person appointed to execute or do it, shall be forthwith paid by the Council.
(2) If the expenses and the remuneration are not so paid, the State Government or any officer authorised in this behalf may make an order directing any person, who for the time being has custody of any moneys on behalf of the Council, to pay such expense and remuneration from such moneys as he may have in his hands or may, from time to time, receive,
If, in the opinion of the State Government, the number of persons who are employed by the Council as officers or servants or whom the Council may propose to employ as such or the remuneration assigned by the Council to those persons or to any of them, is excessive, the Council shall, on the requirement of the State Government reduce the number of those persons or the remuneration, as the case may be.
1[ Notwithstanding anything contained in this Act the Council shall obtain public opinion on any question of public interest and in such manner, as may be directed by the State Government.]
____________________
1. Inserted by Madhya Pradesh Act No. 29 of 2003.
(1) The State Government may order an enquiry to be held by any officer appointed by it in this behalf into any matter concerning the Municipal administration of any Council or any matter with regard to which its sanction, approval or consent is required under this Act.
(2) The Officer holding such inquiry shall, for the purposes thereof, have the powers which are vested into a Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters :--
(a) discovery and inspection;
(b) enforcing the attendance of witnesses; and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining the witnesses on oath;
&n
(1) If, on a complaint made to it or otherwise, the State Government is satisfied, after such enquiry, if any, as it may deem necessary, that a Council has made default in performing any duty imposed on it or undertaken by it by or under this Act, or by or under any enactment for the time being in force, the State Government may, by an order in writing, fix a period for the performance of that duty :
Provided that no order shall be passed until reasonable opportunity has been given to the Council to furnish an explanation of showing cause against the proposed order.
(2) If that duty is not performed within the period so fixed, that State Government or any officer authorised in this behalf, may appoint some person to perform it, and may direct that the expense of performing it, and with reasonable remuneration to the person appointed to p
328. Power to dissolve 1[***] Council.--
2[(1) The State Government may, by an order stating the reasons thereof dissolve the Municipality, if :--
(a) at any time upon representation made or otherwise the State Government is satisfied that the Municipality is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers, or
(b) the Municipality fails to elect a 3[***] Vice-President within one month from the date of the publication of the election of the Councillors in the gazette by the State Election Commission after every general election of the Councillors under sub-section (1) of Section 43 or on the expiry of the term of the 3[***] the Vice-President
Notwithstanding anything contained in this Act, if in the opinion of the State Government, any officer or servant of the Council is negligent in the discharge of his duties the Council shall, on the requirement of the State Government, suspend, fine or otherwise punish him and if in the opinion of the State Government he is unfit for his employment the Council shall dismiss him from service :
Provided no such order shall be passed until reasonable opportunity has been given to the person concerned to furnish his explanation and the same has been considered.
The State Government may, at any time, for the purpose of satisfying itself, as to the legality or propriety of any order passed by the Chief Municipal Officer or the President in exercise of the powers conferred by this Act, or as to the regularity of the proceedings of any meeting of the Council or any of its Committees held in pursuance of the provisions of this Act call for and examine the record of any case pending before or disposed of by the Chief Municipal Officer, the President, the Council or such Committee and may pass such order in reference thereto as it thinks fit:
Provided that no order shall be varied or reversed unless notice has been given to the parties interested to appear and to be heard in such order.
(1) The State Government may, for the purpose of satisfying itself as to the correctness, legality or propriety of any order passed by a Divisional Commissioner, Collector, prescribed authority or any officer appointed or authorised by the State Government under this Act, call for the connected records and may in doing so direct that pending the examination of the record such order be held in abeyance.
(2) On examining the records the State Government may modify or reverse the order of a Divisional Commissioner, Collector, prescribed authority or any other officer appointed or authorised by the State Government under this Act as it deemed fit:
Provided that no order shall be varied or reversed unless notice has been given to the parties interested to appear and to be heard in support of such order.
(1) The State Government may, either on its own motion or on the application of any party interested, review any order passed by itself, and the Commissioner, the Collector, the prescribed authority or any other officer authorised under this Act may, similarly, review any order passed by himself and pass such order in reference thereto as it or he thinks fit:
Provided that--
(i) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;
(ii) no order from which an appeal has been made, or which is the subject of any revision proceedings, shall so long as such appeal or proceedings are pending, be reviewed;
(iii) no order affecting any question of right between private
In all matters connected with this Act, if a Council makes default in carrying out any order made by the State Government or by any authority other than the Council in exercise of any of the powers conferred by this Act or any rule made thereunder, the State Government shall have all the powers necessary for the enforcement of such order at the cost of the Council.
(1) In the event of any dispute arising between a Council and any other local authority established under any State Act on any matter in which they are jointly interested, such dispute shall be referred to the State Government, whose decision shall be final.
(2) The State Government may, by rules made under this Act, regulate the relations between Councils and other local authorities as aforesaid in matters in which they are jointly interested.
Subject to the provisions of Section 89 where any Government servant is deputed to the service of the Council, the terms and conditions of deputation of such servant shall be determined by the State Government in consultation with the Council and the terms and conditions so determined shall be binding on the Council.
The State Government may, by notification, direct that all or any of the powers conferred on the Chief Municipal Officer by or under this Act shall in respect of such Municipalities 1[***] as may be specified therein, be exercised by the President thereof and such powers shall thereupon be exercised by the President to the exclusion of the Chief Municipal Officer.
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
(1) Such public works as in the opinion of the State Government require a degree of professional skill which may not be at the disposal of the Council shall be carried out by the State Government or by such agency as the State Government may direct.
(2) All other works of the Council shall be executed by such agency and subject to such supervision as the Council thinks fit, subject to the rules prescribed in this behalf.
(3) When any work is executed for a Council by the State Government or by any other agency under the orders of the State Government, the expenses incurred on the work together with the charges for supervision and for tools and plant at such rates as may be fixed by the State Government from time to time, unless waived by the State Government be, payable to the State Government.
&nbs
On occurrence of war, floods or any similar emergency, the Council shall immediately comply with any requisition made by the State Government for the services of any of the Municipal employees and shall meet such proportion of the expenses with respect to travelling and daily allowances as the State Government may determine.
339-A. Registration of 2[colonizer or builder].--
2[(1) Any person who--
(a) as a colonizer intends to undertake the establishment of a colony in the area of Municipal Council or Nagar Panchayat for the purpose of dividing the land into plots, with or without developing the area, transfers or agrees to transfer gradually or at a time, to persons desirous of settling down on those plots by constructing residential or non-residential or composite accommodation; or
(b) as a building constructs or causes to be constructed on any land in a municipal area, whether held by him or any other person, independent buildings or a single building with apartments; or converts or causes to be converted as existing building or any part of such building into apartments, for the purpose of transfer by sale or ot
1[(1) The Registration certificate granted under Section 339-A shall entitle the colonizer to undertake the development of colonies in the municipal area subject to the provisions of this Act, and the rules made in this behalf and on the following conditions :--
(i) In every residential colony in the municipal area, out of the area of the developed plots by the colonizer, fully developed plots equal to fifteen per cent of the prescribed size shall have to be reserved for persons belonging to economically weaker sections.
(ii) Such colonizer who wishes to offer the constructed residential houses instead of developed plots in his residential colony for the persons of the economically weaker sections under clause (i) then they make available the houses of the prescribed size constructed in the prescribed area.
&nb
(1) A colonizer who, in contravention of the provisions of Section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts the land or part thereof, commits an offence of illegal diversion of land.
(2) A colonizer who divides his lands into plots or the land of any other person with the object of establishing a colony in breach of the requirements contemplated in this Act or the rules made in this behalf, commits an offence of illegal colonization.
1[(3) Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with imprisonment of not less than three years and not more than seven years or with minimum fine of ten thousand rupees or with both. Such offence shall be a cognizable offence.]
&nbs
1[ Whoever in the area of illegal diversion or illegal colonization--
(i) being an officer having power to sanction lay out or sanction a map for the construction of a building, grants sanction or approves such lay out or the map; or
(ii) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect to the building in such area; or
(iii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land; or
(iv) being an officer or an employee responsible to take action against the illegal diversion of land fails to take action; or
(v) illegally influences the officers aforesaid in granting such sanction or i
1[(1) Notwithstanding anything contained in Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), the transfer or agreement to transfer of plots made by a colonizer, in an area of illegal diversion or illegal colonization shall be void.
(2) The competent authority, as may be appointed by the State Government, shall cause to be published a public notice three times in the local newspapers for the purpose of taking over the management of land of illegal colonization. Alter publication of such notice if any objection is received from the colonizer or the plot holder it shall be considered by the competent authority and if no objection is received then the competent authority shall take over the management of such land and cause the area to be planned and developed in such manner as may be prescribed and allot the plots in such manner and subject to such conditions as may be prescri
1[The right, title and interest of the colonizer in the land under illegal colonization, shall upon and from the date of taking over management of the land under sub-section (2) of Section 339-E stand forfeited and vested in the Council free from all encumbrances.]
____________________
1. Substituted by MP. Act No. 29 of 2003.
1[ Any officer or servant subordinate to the competent authority who has been authorised by him either to inspect, report, stop or to remove any construction or illegal colonization knowingly omits to take action against such illegal colonization or construction therein forthwith, or a police officer responsible to provide police assistance for removal of illegal colonization or illegal construction therein, does not provide adequate protection and support shall be punished with a simple imprisonment which may extend to three years or with fine which may extend to ten thousand rupees or with both.]
____________________
1. Inserted by Madhya Pradesh Act No. 29 of 2003.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994.
(1) The State Government may, by notification, delegate to any officer subordinate to it all or any of the powers conferred upon it by or under this Act, except the powers under Sections 1[***] 5, 35, 36, 40 (3), 41, 43, 96 (3), 129, 131, 162, 328, 335, 336, 1[***] 346 and 356.]
(2) The State Government may, by notification, confer on any officer subordinate to it, the powers conferred by or under this Act, on the Commissioner, Collector or the prescribed authority.
(3) The exercise of any power delegated or conferred under sub-section (1) or sub-section (2) shall be subject to such restrictions and conditions as may be specified in the notification.
____________________
1. Omitted by Madhya Pradesh Act No. 12 of 1995.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty.
A copy of any receipt, application, plan, notice, order, entry in a register or other document in the possession of a Council shall, if duly certified by the legal keeper thereof or other person authorised by any bye-law 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 matter.
No Municipal officer or servant shall, in any legal proceedings to which a Council is not a party, be required to produce any register or document the contents of which can be proved under the preceding section by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein unless by order of the Court made for special cause.
The Council may charge such fee as may be prescribed by bye-laws for--
(i) any licence granted under this Act;
(ii) any permission granted under this Act, for making any temporary erection or for putting up any projection or for the temporary occupation of any public street or any land or building belonging to the Council; and
(iii) any application or appeal made to or filed before the Council under this Act, and for giving copies of its orders or other documents;
1[(iv) the rate of the licence and permission fees shall be revised once in every three years.]
____________________
1. Inserted by Madhya Pradesh Act No. 12 of 2000.
All fines imposed by a Court under the provisions of this Act or any rule or bye-law framed thereunder or under any other enactment which may be notified by the State Government in this behalf in respect of offences committed within a Municipality shall be credited to the revenue of the Stale and the total amount so credited during any financial year shall, after making such deduction on account of cost of collection and other includental expenses as the State Government may determine, be contributed by the State Government to the fund of the Council of such Municipality.
The State Government may, by notification, declare any area round about any Municipal area, as may be specified therein, to be a sanitary zone attached to such Municipal area for purposes of sanitation and public health and upon such declaration the Council shall exercise all powers relating to sanitation in that zone.
Every Councillor and every officer or servant employed by a Council, every contractor or agent appointed by it for the collection of any tax, every person employed by such contractor or agent for collection of such tax shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (XIV of 1860).
No Councillor shall be granted any remuneration or allowance of any kind whatsoever by the Council except with the previous sanction of the State Government and in accordance with the rules made by the State Government in this behalf.
With the previous sanction of the President, any Councillor may inspect any work or institution constructed or maintained in the whole or part of the Municipal Fund.
(1) In addition to any power specially conferred by this Act, the State Government may prescribe forms and make rules generally for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :--
(i) procedure to be followed in disposal of election petition;
(ii) conditions subject to which the 1[President-in-Council] is to exercise the powers of the Council;
(iii) conditions subject to which the powers of the Council are to be delegated to the President or Vice-President, Chairman of the 2[President-in-Council] or other Committees;
(iv) (a) constitut
(1) All rules for which provision is made in this Act, shall be made by the State Government and shall be consistent with this Act.
(2) All rules may be general for all Municipalities or for all Municipalities not expressly exempted from its operation, or may be special for the whole or any part of any one or more Municipalities, as the State Government may direct.
(3) All rules shall be subject to 1[publication in the gazette].
(4) All rules shall be laid on the table of the Assembly.
(5) In making any rule the State Government may direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
____________________
1. Substi
(1) All bye-laws for which provision is made in this Act shall be made by the Council and shall be consistent with this Act, and with the rules made thereunder.
(2) A bye-law may be general for the whole Municipality under the jurisdiction of the Council making it, or special for any part of such Municipality, as the Council may direct.
(3) Unless specially excepted in this Act from the operation of this sub-section no bye-law shall take effect until it has been confirmed by the State Government.
1[(3-a) The State Government may cancel its confirmation of any such bye-laws and thereupon such bye-laws shall cease to have effect.]
(4) Unless specially excepted in this Act, from the operation of this sub-section, no bye-laws shall take effect until it
In addition to any power specially conferred by this Act, the Council may, and if so required by the State Government shall, make bye-laws for--
(1) Municipal administration--
(a) regulating the conduct of its business;
(b) regulating the appointment and constitution of Consultative Committees;
(c) regulating the conduct of business of Committees;
(d) regulating the mode of asking and answering of questions connected with the administration of this Act, at the meetings of the Council and its Committees;
(e) regulating the inspection of minute books and the supply of copies of minutes to Councillors or other persons on payment of fees or otherwise;
&nbs
(1) The State Government may from time to time make model bye-laws for any matter in respect of which a Council is empowered to make bye-laws under this Act and publish them in the Gazette for the guidance of Councils.
(2) If it appears to the State Government that in any Municipal bye-laws, are necessary for any matter in respect of which model bye-laws have been published under sub-section (1), it may require the Council to adopt such model bye-laws modified to suit local conditions.
(3) If any Council fails to comply with a requisition made under sub-section (2) within six months of the making thereof the State Government may apply to such Municipality the model bye-laws modified as it thinks fit.
Copies in English and Hindi in Devnagari script of all rules and bye-laws made for the Municipality under the Act shall be kept in the office of the Council and shall be open, during office hours without charge to the inspection of any inhabitant of the Municipality and they shall also be made available for sale on payment.
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
1[***]
____________________
1. Omitted by Madhya Pradesh Act No. 17 of 1994
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
