Rajasthan

Appearance

Rajasthan Municipality Act, 2009

  • Passed by: 13th Assembly (2008–2013)
  • Speaker: Dipendra Singh Shekhawat
  • Chief Minister: Ashok Gehlot
  • Assent by Governor: Shailendra Singh on 11th September 2009
  • Gazette Notification: Gazette No. 4(A)
  • Effective Date: 15th September 2009 in the entire state of Rajasthan, except the Cantonment Area (Nasirabad)

Latest Amendment - March 2023

17 chapters 6 Schedules mentioned in Chapter 7 ( Municipality Revenue) 344 Sections

ChapterChapter NameSections
IPreliminary1-2
IIConstitution and Government of Municipalities3-50
IIIConduct of Business and Ward Committee51-66
IVMunicipal Property and Works67-75
VMunicipal Finance and Municipal Fund76-89(A)
VIAccounts and Audit90-100
VIIMunicipal Revenue101-140
VIIIBorrowings141-151
IXCommercial Projects, Private Sector Participation Agreements152-155
XEconomic and Development Planning156-158
XIUrban Development and Town Planning159-199
XIIMunicipal Powers and Offences200-297
XII(A)Prevention of Property Disfugrement297(A)-297(H)
XIIIProsecution, Suits etc.298-308

CHAPTER I ​

Section 1 ​

Preliminary ​

Section 2 ​

Definitions ​

CHAPTER II ​

Section 3 ​

Delimitation ​

  • By State Govt in Gazette.
  • Boundary marks by Collector.
  • Election within 6 months.
  • State Govt designates primary municipality for property crossing boundaries.

Section 4 ​

Exemptions ​

  • State Govt can exempt municipalities from specific provisions via notification.

Section 5 ​

Establishment of Municipality ​

PopulationMunicipality Type
20K - 1 lakhMunicipal Board (Transitional Area)
1 lakh - 5 lakhMunicipal Council (Smaller Urban Area)
> 5 LakhMunicipal Corporation (Larger Urban Area)

Section 6 ​

Composition of Municipality ​

Elected Members ​

  • 20 (Earlier 13).

Nominated Members ​

  • At least 1 Divyang.
  • 6 - Board, 8 - Council, 12 - Corporation.
  • No voting rights or fixed tenure.
  • Municipal expert, nominated by State Govt.

Ex-Officio Members ​

  • MLA: Can vote in Board/Council/Corporation.
  • MP: Can vote only in Council/Corporation.
  • No disqualification.

Reservation ​

  • 50% Women Reservation. ( still 33%)
  • Max 21 seats for OBCs.
  • SC/ST seats proportional to population.

Section 7 ​

Term of Office ​

  • 5 years.
  • Election within 6 months.

Section 8 ​

Municipal Government ​

  • Through Chairpersons.

Section 9 ​

Division into Wards ​

  • Based on population.

Section 10 ​

Determination of Wards ​

  • By State Govt.
  • Starts from North-West corner.
  • Rotation of reserved seats.

Section 11 ​

Election ​

  • By State Election Commission.
  • Before expiry of duration.
  • Within 6 months of dissolution.
  • No election if remainder term < 6 months.

Section 12 ​

Delegation of Functions of SEC ​

  • To Deputy Election Commissioner.
  • To Secretary to SEC.

Section 13 ​

Electoral Roll ​

  • Prepared by ERO designated by SEC.
  • 18 years (1st January) and ordinarily resident.

Section 14 ​

Disqualification for Voters ​

  • Must be Indian.
  • Not of unsound mind.
  • Not disqualified under corrupt practices or election offences.

Section 15 ​

False Declaration ​

  • Punishment: < 1 year.
  • Fine: ₹2k to ₹5k.

Section 16 ​

Chief Electoral Officer ​

  • Appointed by SEC.

Section 17 ​

District Election Officer ​

  • Appointed by SEC.
  • Multiple DEOs possible.

Section 18 ​

Local Authorities Provide Staff ​

  • On request by Chief Electoral Officer.

Section 19 ​

Staff on Deputation to SEC ​

Section 20 ​

Breach of Election Duty ​

  • Punishment: 3 months to 2 years.
  • Fine: ₹1k to ₹2k.
  • Cognizance only on complaint by SEC, CEO, or DEO.

Section 21 ​

Qualification for Members ​

  • 21 years old.
  • Elector for any ward.
  • Toilet in home

Reserved Seats ​

  • Max 2 seats if > 2 reserved seats.
  • 1 seat if reserved seats ≤ 3.
  • 1 seat per 5 unreserved seats, max 5.

Section 21A ​

Special Qualification for Election on Certain Seats (Section 21A) ​

  • 21 to 35 years age
Seat TypeMax Seats with Special Age Requirement
Reserved Seats for SC/ST/BC/WomenMax 2 seats per category
Reserved Seats ≤ 3Only 1 seat per category
Unreserved Seats ≤ 5Only 1 seat
Unreserved Seats > 51 seat per block of 5; fractions <5 ignored, max 5

Notes ​

  • The State Government determines which seats are subject to this special qualification.

Section 22 ​

Contesting Election only in one ward. ​

  • Withdrawal by 3 PM.

Section 23 ​

Restrictions During Election ​

  • Fine: < ₹2k. (5k as per video)
  • Disqualification: < 6 years from SEC order.

Section 24 ​

General Disqualification for Members ​

  • 6+ months imprisonment (till 6 years from release).
  • Under trial for offences with 5+ year imprisonment.
  • Encroachment on public land.
  • Embezzlement of municipal property.
  • Conviction under Food Adulteration Act, 1954.
  • Under CrPC Section 110.
  • Holds office of profit.
  • Undischarged insolvent.
  • Unsound mind.
  • Children > 2. (after 27 november 1995)
  • Pending municipal dues (2+ years).
  • Under Section 35 or 41.
  • Legal practitioner against municipality.
  • Banned from professional practice.
  • Dismissed from govt for misconduct.

Section 25 ​

Right to Vote ​

  • No vote if in prison except in preventive detention.

Section 26 ​

Manner of Voting ​

  • By EVM or ballot paper.

Section 27 ​

Casual Vacancy Filling ​

  • By bye-election as soon as possible.
  • Member serves remainder period only.
  • No election if remainder term < 6 months.

Section 28 ​

Electoral Offences ​

  • Covered under Sections 125-136 of RP Act, 1951.

Section 29 ​

Corrupt Practices in Elections ( Section 123 of RPA 1951) ​

  • Bribery.
  • Undue influence.
  • Religious/caste appeals.
  • Hatred promotion.
  • Sati glorification.
  • False statements.
  • Vehicle hiring for voters.
  • Expenditure violations.
  • Government assistance misuse.

Section 30 ​

No Civil Court Jurisdiction in electoral matters ​

except for election petitions.

Section 31 ​

Election Petitions ​

  • Within 1 month.
  • Filed before District Judge.

Section 32 ​

Appeal from District Judge order ​

  • To High Court within 30 days.
  • Resolve within 3 months.

Section 33 ​

Election of all candidate set aside ​

  • If more than 2/3 members declared void through election petition.
  • State Govt dissolves municipality.
  • No opportunity to be heard.

Section 34 ​

Decision of High Court final ​

Section 35 ​

Disqualifications ​

  • For 6 years.
  • Based on Section 28 (electoral offences) and Section 29 (corrupt practices).

Section 36 ​

Removal or reduction of disqualification by SEC ​

Section 37 ​

Oath of office ​

  • Administered before Officer Authorised by state govt. (previously collector)
  • Within 1 month from first meeting.

Section 38 ​

Resignation ​

  • Written notice to Chairperson.
  • Attested by Executive Magistrate.
  • Effective after 15 days or upon acceptance.

Section 39 (Amended in March 2023) ​

Removal of member ​

  • Absent for 3+ meetings.
  • Oath not taken.
  • Disqualified under Section 14, 24, 21.
  • Misconduct.
  • Inquiry by State Govt (officer not below state-level services).
  • For disqualification or misconduct: inquiry by District Judge.

Section 40 ​

Inquiry after term expiry ​

  • Against member, chairperson, or vice-chairperson.
  • Related to misconduct.
  • Re-election does not protect from inquiry.

Section 41 ​

Disability of members removed under Section 39 ​

  • No re-election for 6 years.

Section 42 ​

No Double Membership ​

  • 14 days to resign.

Section 43 ​

  • Chairperson absent > 1 month → ceases.
  • Max leave: 6 months.
  • Chairperson resigns to officer authorized by State Govt (30 days / upon acceptance).
  • Election within 6 months + 3 months.
  • Vice-Chairperson resigns to Chairperson.

Section 44 ​

Validity of election of Chairperson or VC ​

  • Via election petition to District Judge.
  • ₹1k deposit.
  • Defeated candidates or Candidates with rejected nominations

Section 45 ​

Core municipal functions ​

Section 46 ​

Other municipal functions ​

Section 47 ​

Functions assigned by Govt ​

Section 48 ​

Functions of Chairperson and VC ​

Section 49 ​

Power and duties of CMO ​

  • Report dissent to State Govt within 7 days.
  • State Govt responds within 30 days.

Section 50 ​

Handover charge ​

  • Chairperson → VC → Member by State Govt.
  • VC → Chairperson → Member by State Govt.
  • Member → Chairperson → VC.
  • Defunct Municipality -> Officer under section 322
  • Temporary holder: 60 days max.

CHAPTER III ​

Section 51 ​

Meetings of Municipality ​

GeneralSpecial
Once every 60 daysWithin 7 days by Chairperson
Minimum 6 times/yearWithin 10 days by CMO
Request by 1/3 elected members
Resolution required

Section 52 ​

Rights and Privileges of Members ​

  • Call attention.
  • Ask questions.
  • Inspect records without fees.

Section 53 ​

Motion of No Confidence ​

Not Allowed: ​

  • In first 2 years.
  • In next 2 years if it fails.
  • In half term if bye-election occurs.

Passing Requirement: ​

  • Passed by 3/4 majority.

Section 54 ​

Constitution of Ward Committee ​

  • Population > 3 lakh.
  • Includes elected ward member.
  • Up to 5 nominated members (minimum 25 years old).
  • Chairperson elected annually.
  • Quorum: 1 + 2 members.

Section 55 ​

Committees in Municipality ​

  • Formed within 90 days.
  • State Govt constitutes if municipality fails.

Executive Committee ​

  • Members:
    • Chairperson, VC, Opposition Leader.
    • Board: Max 5 elected members.
    • Council/Corporation: Max 7 elected members (including 2 women).
    • Chairpersons of other committees.
    • CMO as Secretary.

Other Committees ​

  • Up to 10 members.
  • Categories:
    • Finance, Health, Building-Works, Slum Improvement, Rules, Offence.

Additional Committees ​

  • Corporation: Max 8.
  • Council: Max 6.
  • Board: Max 4.
  • State Govt can increase limits.

Section 56 ​

Inclusion of Non-Members on Committees ​

  • Requires support from 50% members of the municipality.
  • Max: 1/3rd of committee members.

Section 57 ​

Chairman of Committee ​

  • Chairperson

  • VC

  • Municipality appoints

  • Committee elects

  • If Chairman absent, committee selects temporary chairman.

Section 58 ​

Procedure of Committee Meetings ​

  • Held within 2 months.
  • If Chairman absent > 15 days, Chairperson/VC calls the meeting.
  • Special Meeting:
    • Request by Chairperson or minimum 2 members, held within 2 days.
  • Quorum: 50% of members.

Section 59 ​

Committees Comply with Municipality Instructions ​

Section 60 ​

General Functions of Ward Committees ​

Section 61 ​

Delegation of Powers, Duties, and Functions ​

  • Municipality → Committees.
  • Chairperson → VC → Member.

Section 62 ​

Previous Acts of Disqualified Members Not Invalid ​

  • Minutes Signed = Meeting deemed duly convened.

Section 63 ​

Municipality Fund ​

  • Personal responsibility for loss due to misconduct or neglect.

Section 64 ​

Members and Officers Cannot Have Interest in Contracts ​

Section 65 ​

Penalty for Interest in Contracts ​

  • Fine: ₹5k for members/officers.

Section 66 ​

Members, Officers, and Lessees are Public Servants ​

CHAPTER IV ​

Section 67 ​

Municipality Can Acquire/Hold Property Anywhere ​

Section 68 ​

All Property Vests in Municipality Unless Reserved by State Govt ​

  • State Govt can resume property if:
    • Mismanaged.
    • For public interest.

Section 68A ​

All Land Except Nazul Land Vests in Municipality ​

Section 69 ​

Methods of Property Acquisition ​

  • Agreement.
  • Exchange.
  • Lease.
  • Grants.
  • As a trust beneficiary.

Section 69A ​

Owner Surrender Rights ​

  • Obtain leasehold rights from Municipality in non-agricultural land.

Section 70 ​

Compulsory Acquisition of Property ​

  • State Govt acquires land.
  • Land acquisition Act 2013

Section 71 ​

Allotment and Regularization of Lands ​

  • under Rajasthan Land Revenue Act, 1956.

Section 72 ​

Contracts for Municipal Works ​

  • By officer appointed within budget limits.

Section 73 ​

Property Transfer ​

  • 20% plots to EWS/LIG in group housing/township projects. ( 2011 Amendment)

Section 73A ​

Transfer Basis ​

  • Transfer to be on freehold or leasehold basis.

Section 73B ​

Annul Allotment of Land ​

  • Based on false statement:
    • Annul within 7 days.
    • Appeal to State Govt within 15 days.

Section 74 ​

Inventory and Map of Immovable Property ​

  • CMO prepares annually.
  • Submitted to Director of Local Bodies.

Section 75 ​

Maintenance of Urban Land and Property Records ​

CHAPTER V ​

Section 76 ​

State Finance Commission ​

  • Established under Article 243 Y.

Section 77 ​

Implementation of Recommendations of SFC ​

  • by State govt

Section 78 ​

Financial Assistance from State Govt ​

  • Grants.
  • Schemes for Assistance.
  • Development Plan Grants.

Section 79 ​

Municipal Fund ​

  • Divided into revenue and capital account heads.

Section 80 ​

Application of Municipal Fund ​

Section 81 ​

Conditions for Payments from Municipal Fund ​

Exceptions to Budget Grant: ​

  • Tax refund.
  • Third-party deposits.
  • Emergency project/health expenses.
  • Compensation.
  • Court orders.
  • Salary and wages.

Section 82 ​

Temporary Payment ​

  • For urgent public interest works on State Govt request.

Section 83 ​

Expenditure Outside Municipal Limits ​

  • Allowed only for core functions with State Govt approval.

Section 84 ​

Exclusive Use of Municipal Funds ​

  • State Govt may require funds for a specific purpose.

Section 85 ​

Procedure for Payments from Municipal Funds ​

  • Defined by State Govt.

Section 86 ​

Surplus Money ​

  • Can be invested in:
    • Public securities.
    • Small Saving Schemes.
    • Deposited in banks.

Section 87 ​

Preparation of Budget Estimate ​

  • By CMO: 15th January.
  • Preliminary approval by Finance Committee
  • Presented by Chairperson: 31st January.
  • Approved by: 15th February.
  • Enclosure: Annual inventory, financial statement.

Section 88 ​

Sanction of Budget Estimate ​

  • Submitted to State Govt via Director of Local Bodies.
  • CMO send by 28th February

Section 89 ​

Municipality can alter Budget Grant with recommendation of Finance Committee ​

Section 89A ​

Basic Services to Urban Poor Fund ​

  • Allocation: More than 25% of the year’s municipal budget grants. ( 2011 Amendment)

CHAPTER VI - not in course ​

Section 90 ​

Section 91 ​

Section 92 ​

Section 93 ​

Section 94 ​

Section 95 ​

Section 96 ​

Section 97 ​

Section 98 ​

Section 99 ​

Section 100 ​

CHAPTER VII ​

Section 101 ​

Internal Revenue of Municipality ​

  • Taxes, charges, fees/fines.

Section 102 ​

Obligatory Taxes ​

  • Tax on lands and buildings.
  • Profession tax.
  • Toll tax.
  • Pollution control tax.
  • Advertisement tax.

Section 103 ​

Other Taxes ​

  • Vehicle, boat, lighting.
  • Congregation, pilgrimage-tourist.
  • Hoarding, fire, parking.
  • Stamp duty surcharge (up to 10%). (earlier 0.5%)

Section 104 ​

User Charges ​

  • Drainage & Sewerage.
  • SWM.
  • Parking.
  • Material Stacking.

Section 105 ​

Fees and Fines ​

  • Building Sanctions.
  • Licenses.
  • Records.

Section 106 ​

Development Charges ​

  • Residential building height > 14 meters.

Section 107 ​

Exemption from Taxation ​

  • Municipal property.
  • Government property.
  • Places of public worship.

Section 108 ​

Preliminary Procedure for Imposing Tax ​

  • Draft rules: 1st Schedule.
  • Objections within 1 month.
  • Special resolution required.

Section 109 ​

Imposition of Tax ​

  • Annual: 1st April.
  • Start: 1st January, 1st April, 1st July, 1st October.

Section 110 ​

Procedure for Altering Taxes (Section 103) ​

  • Same as Sections 108 and 109.

Section 111 ​

State Govt Powers Over Taxes ​

  • Suspend, reduce, abolish tax under Sections 102 and 103 if unfair or against public interest.

Section 112 ​

Municipality Powers Over Taxes ​

  • Suspend or abolish tax under Section 103 if against public interest.

Section 113 ​

Tax Assessors Appointed by State Govt. ​

Section 114 ​

Information Requirement for Tax Assessment ​

  • Owner/occupier must provide.
  • No info -> best judgment applied.

Section 115 ​

Obligation to Supply Information for Amendment ​

  • Within 1 month of completion or occupation.
  • Fine: ₹500 or 10x the tax for 3 months.

Section 116 ​

Notice of Transfer of Title for Tax Purposes ​

  • Written notice by both transferor and transferee.

Section 117 ​

Form of Notice of Transfer ​

  • As per 2nd or 3rd Schedule.

Section 118 ​

Update of Municipal Register ​

  • Upon notice or discovery of transfer.

Section 119 ​

Seller's Liability for Tax ​

  • Seller liable without notice of transfer.

Section 120 ​

Primary Liability for Property Tax ​

Priority:

  1. Actual Occupier (if owner).
  2. Person with right to let.
  3. Lessor (if let).
  4. Superior Lessor (if sub-let).

Section 121 ​

Appeals on Taxation ​

  • Corporation: Commissioner.
  • Council/Board: Regional Deputy Director of Local Bodies.

Section 122 ​

Appeal Limitations and Preliminary Deposit ​

  • Within 30 days.
  • Deposit 25% of claimed amount.

Section 123 ​

Costs of Appeal ​

  • Pay within 30 days or order to Municipal Fund Custodian.

Section 124 ​

Bar to Jurisdiction of Civil and Criminal Courts ​

  • Review allowed within 3 months.

Section 125 ​

Savings ​

  • Mistakes and errors: Not invalid.
  • Exact name not necessary.
  • Levy does mean title to property.

Section 126 ​

Obligation to Disclose Liability ​

  • Fine: ₹1000.

Section 127 ​

Duty of CMO to Recover Tax ​

Section 128 ​

Presentation of Tax Bill ​

Section 129 ​

Contents of Tax Bill ​

  • Period.
  • Property details.
  • Liability if defaulted.
  • Appeal timeframe.

Section 130 ​

Notice of Demand ​

  • If payment due within 15 days of bill presentation.
  • 4th Schedule format.

Section 131 ​

Issuance of Warrant ​

  • Within 15 days of notice of demand.
  • Movable property: By CMO (5th Schedule).
  • Immovable property: By Municipality.
  • No warrant after 3 years.
  • Executed by CMO/Tehsildar (outside jurisdiction).

Section 132 ​

Forcible Entry for Executing Warrant ​

  • Sunrise to sunset.
  • 3 hours' notice if room of women.

Section 133 ​

Manner of Executing Warrant ​

  • Notice as per 6th Schedule.
  • Cannot attach:
    • Clothing, bedding, cooking, artisan/agricultural tools, livestock.

Section 134 ​

Sale of Property in Special Cases ​

  • If speedy decay.
  • Surplus claim within 1 year.

Section 135 ​

Attachment and Sale Outside Municipality ​

Section 136 ​

Summary Proceedings Against Persons Leaving Municipality ​

  • No notice of demand required.

Section 137 ​

Savings ​

Section 138 ​

Receipt for Payment ​

Section 139 ​

CMO Can Sue for Recoverable Amount ​

Section 140 ​

Liability for Taxes on Property ​

  • No recovery from non-owner occupier if tax > 1 year.

CHAPTER VIII ​

Section 141 ​

Section 142 ​

Section 143 ​

Section 144 ​

Section 145 ​

Section 146 ​

Section 147 ​

Section 148 ​

Section 149 ​

Section 150 ​

Section 151 ​

CHAPTER IX ​

Section 152 ​

Section 153 ​

Section 154 ​

Section 155 ​

CHAPTER X ​

Section 156 ​

Section 157 ​

Section 158 ​

CHAPTER XI ​

Section 159 ​

Civic survey and Master Development Plan ​

  • Master Development Plan: 20 years → Framework for Zonal Development Plan.
  • Execution Plan: 5 years.
  • Annual Municipal Action Plan: 1 year.
  • Coordinate with Metropolitan/District Planning Committee and Chief Town Planner.

Section 160 ​

Procedure for Plan Preparation and Sanction ​

  • Advisory Committee:
    • Municipality members.
    • Representation from industry.
    • 6 from academic institutes.
    • 6 from NGOs.
    • 6 prominent citizens.

Section 161 ​

Date of operation of Plan ​

  • Effective from date of notice of publication.

Section 162 ​

Subsequent modification of plans ​

  • By Municipality with State Govt approval.

Section 163 ​

Implementation of plan ​

Section 164 ​

Plans prior to this act ​

  • Deemed under this act.

Section 165 ​

Review of plan ​

  • Possible within 10 years of operation.

Section 166 ​

Declaration of Development Areas ​

  • By Municipality with State Govt approval.

Section 167 ​

Penalty for unauthorised development ​

  • Unauthorised development: ₹5,000 + ₹100/day.
  • Continued unauthorised use: ₹2,000 + ₹500/day.

Section 168 ​

Power to require removal of unauthorised development ​

  • Within 1 month.
  • Fine: ₹5,000 + ₹200/day.

Section 169 ​

Power to stop unauthorised development ​

  • Fine: ₹5,000 + ₹500/day.
  • After requisition: ₹5,000 + ₹200/day.

Section 170 ​

Summary removal of unauthorised temporary development ​

  • Within 15 days.
  • Standing crops: 6 months for harvest.

Section 171 ​

Sanction for subdivision of plot or layout of private street ​

  • Fine: ₹5,000 + ₹200/day.

Section 172 ​

Recovery of expenses ​

  • As arrears of land revenue.

Section 173 ​

Making and contents of projects and schemes ​

Section 174 ​

Preparation of projects and schemes ​

  • Publish declaration: Within 30 days.
  • Publish draft: Within 1 year.
  • Allow objections: 30 days.

Section 175 ​

Redevelopment scheme ​

  • Initiated by CMO for:
    • Disrepair.
    • Unsanitary conditions.
    • Health risks.

Section 176 ​

Submission of project and scheme ​

  • By CMO for Municipality approval.

Section 177 ​

Restrictions on use and development post-draft publication of project/scheme. ​

Section 178 ​

Lapse of schemes ​

  • Schemes lapse after 2 years if not implemented.

Section 179 ​

Modification or withdrawal of schemes by notification. ​

Section 180 ​

Preparation of schemes on State Govt requirement. ​

Section 181 ​

Savings for projects and schemes outside sanctioned plan ​

Section 182 ​

Restriction on change of land use ​

  • No regularisation for land use for public purposes (education, medical, charitable).

Section 183 ​

Regular line of public street ​

  • Notice: 1 month before.
  • Construction inside: Fine ₹2,000–₹5,000.
  • Appeal: To collector within 30 days.

Section 184 ​

Right of way for underground utilities. ​

Section 185 ​

CMO to maintain maps ​

  • Underground utilities, sewerage manholes, fire hydrants.

Section 186 ​

Municipality can't permit acts on NH/SH but oversee temporary occupation and encroachment removal ​

Section 187 ​

Temporary erection in streets during festivals ​

  • CMO consult Traffic Police in charge.

Section 188 ​

Precautions during construction/repair ​

Section 189 ​

Prohibition on depositing materials or making holes ​

  • Fine: ₹1,000–₹2,000 + ₹50–₹100/day.

Section 190 ​

Compulsory provision of footpaths ​

  • Width decided by Buildings Permission and Works Committee.
  • Minimum: 1.5 meters.

Section 191 ​

Building at street corners to be rounded or adjusted. ​

Section 192 ​

Setting back projecting buildings ​

  • Notice: 15 days before acquisition.
  • With compensation.

Section 193 ​

No building below drainage level ​

Section 194 ​

Erection of buildings ​

  • Municipality decision: Within 2 months.
  • Deemed permission: After 1 month notice.
  • Regional Town Planner: Advice for buildings >15m or >500sqm.
  • No permission: Single Residential unit <10m and <250sqm.
  • Occupancy certificate: For buildings >15m.

Penalties:

  • Construction w/o permission: ₹20k–₹50k + 1–3 months.
  • Non-compliance with sanctioned plan: ₹10k–₹20k + 15–45 days.
  • Architect/Engineer inconsistency: Blacklist, ₹5k–₹10k + 1–2 months.
  • Failure to process: ₹5k–₹10k + 1 month.
  • Occupation w/o occupancy certificate: ₹30k–₹50k + ₹500/day.

Appeal: Within 30 days to state govt.

Section 194A ​

State Govt power to restrict building erection in some areas without permission ​

Fine: ₹20k.

Section 195 ​

Responsibilities for Apartment Complex Maintenance ​

  • Residents’ association and corpus fund.

Section 196 ​

Display of permission/construction ​

  • Board: 4 * 4 feet.
  • Fine: ₹50k.

Section 197 ​

Hoardings for building works ​

  • Fine: ₹1k – ₹2k + ₹50 – ₹100/day.

Section 198 ​

Taking over responsibilities for amenities ​

Section 199 ​

Handing over colonies ​

CHAPTER XII ​

Section 200 ​

Municipal Control over Drains ​

Section 201 ​

Power of Making Drains ​

  • Damage compensation under Section 295

Section 202 ​

Effectual Drainage of Buildings ​

  • Drain must be within 50 feet
  • Fine: ₹2k - ₹5k

Section 203 ​

Right to Drain into Municipal Drains with permission ​

Section 204 ​

Distinction Between Sewage and Rainwater Drains ​

Section 205 ​

Right to Carry Drains Through Land ​

  • With permission
  • Between sunrise to sunset

Section 206 ​

Execution of Work ​

  • Minimum damage,
  • least delay,
  • reinstatement at own cost,
  • compensation for damage

Section 207 ​

Rights of Landowners With Existing Drains ​

Section 208 ​

Provision of Privies and Cess-Pools ​

  • Workers > 20, schools, markets, theatres
  • Time: 1-2 months
  • Fine: ₹2k - ₹5k

Section 209 ​

Erection of Latrines and Urinals ​

  • Keep clean, separate for ladies
  • CMO inspection
  • Fine: ₹10k - ₹20k

Section 210 ​

Cost of Maintaining Privies and Sewers ​

  • Owner responsible

Section 211 ​

Power to Close Existing Private Drains Deemed unsuitable ​

Section 212 ​

Power Over Unauthorized Drainage Structures ​

  • Fine: ₹1k - ₹2k

Section 213 ​

Encroachment on Municipal Drains ​

  • Fine: < ₹1k

Section 214 ​

CMO Inspection of Drains ​

  • Between sunrise and sunset
  • Expense + 10% supervision charge

Section 215 ​

Municipality's Power to Execute Works by itself ​

  • Owner pays expense + 10% admin charge

Section 216 ​

Power for Carrying Water Mains to Water Supply Dept & Municipality ​

Section 217 ​

Discharge of Trade Effluent ​

  • Approval required

Section 218 ​

Drainage of Trade Effluent ​

  • CMO notice if drains insufficient or non-adapted

Section 219 ​

Construction Over Water Mains/Municipal Drains ​

  • Permission from CMO

Section 220 ​

CMO Informing Railway Administration ​

Section 221 ​

Owner’s Power to Place Pipes/Drains ​

  • Authorized by CMO

Section 222 ​

CMO’s Power to Execute Drainage Work ​

Section 223 ​

Work to Be Done by Licensed Plumber ​

  • CMO permits non-licensed work

Section 224 ​

Prohibition of Certain Acts ​

  • Obstruction/interference in work lines, apparatus, waterworks, drains
  • Pollution of municipal waterworks

Section 225 ​

Entrustment of Sewerage Works to public/private agencies ​

  • with state govt approval

Section 226 ​

Municipality’s Duty in Solid Waste Management ​

  • As per Environment Protection Act 1986

Section 227 ​

Entrustment of Solid Waste Management to agencies ​

Section 228 ​

Municipality Owns Solid Waste ​

Section 229 ​

Disposal Places for Solid Wastes ​

  • No new/final disposal without:
    • Compliance with state law
    • Approval from state govt

Section 230 ​

Duty of Owners and Occupiers ​

  • Clean and sweep
  • Separate 3 types of receptacles

Section 231 ​

Duty of Co-operative Housing Societies ​

  • Provide community bins

Section 232 ​

Prohibition on Littering, Filthy Matter Flow, or Disposal of Carcasses ​

Section 233 ​

Penalty for Littering ​

  • On-spot fine: ₹500

Section 234 ​

Bio-Medical Waste Management ​

  • As per EPA 1986

Section 235 ​

Hazardous Waste Management ​

  • As per EPA 1986

Section 236 ​

Projections on Public Space ​

  • Fine: ₹5k - ₹10k
  • Daily: ₹50 - ₹100
  • Compensation for authorized or pre-dated projection

Section 237 ​

Troughs and Pipes for Rainwater ​

  • Fine: ₹1k - ₹2k

Section 238 ​

Rainwater Harvesting Structure ​

  • Plots > 300 sqm
  • Prison: 7 days
  • Fine: ₹25k - ₹1 lakh

Section 238A ​

Parking Space Provision ​

  • Post 15 Sept 2010 buildings
  • Prison: 7 days
  • Fine: ₹25k - ₹1 lakh

Section 239 ​

Fixing Brackets, Pipes, etc. to Houses ​

  • By Municipality

Section 240 ​

Naming of Streets and Numbering of Houses ​

  • Direction from state govt
  • Fine: ₹1k - ₹2k for damaging nameplates

Section 241 ​

Installation of Statues ​

  • Prior approval from state govt
  • Prison: 2-6 months
  • Fine: ₹25k - ₹50k

Section 242 ​

Removal and Trimming of Hedges, Trees, etc. ​

Section 243 ​

Dangerous Buildings ​

  • 2 days notice to set up hoarding
  • 3 days window to take down building

Section 244 ​

Displacing Pavements, etc. ​

  • Penalty: ₹2k - ₹5k
  • Additionally: Damage + 10% admin charge
  • Failure to restore: Fine ₹1k - ₹2k

Section 245 ​

Encroachment or Obstruction Upon Public Land ​

  1. Encroachment (except steps on public drain):
    • Prison: 3 months to 3 years
    • Fine: ₹30k - ₹50k
  2. Temporary obstruction:
    • Prison: Up to 1 month
    • Fine: Up to ₹5k
  3. Removal of earth or sand:
    • Prison: 2 to 6 months
    • Fine: ₹30k - ₹50k
  4. Appeal:
    • To district judge within 1 month
  5. Municipality employee involved:
    • Prison: 3 months to 3 years
    • Fine: Up to ₹30k
  6. Investigation:
    • By DSP rank or above within 3 months

Section 246 ​

Dangerous Quarrying ​

Section 247 ​

Premises Not to Be Used for Keeping Animals or Poultry Without Licence ​

Section 248 ​

Seizure of Certain Animals or Birds ​

  • Reclaim within 7 days
  • Surplus funds held for 90 days

Section 249 ​

Power to Deal with Infected Dogs or Animals ​

  • CMO authority

Section 250 ​

Power to Stop Nuisances from Animals Within Premises ​

  • CMO authority

Section 251 ​

Licensing of Dairies ​

  • Withdraw license with 1-month notice
  • Fine: ₹5k - ₹10k
  • Daily: ₹50/day

Section 252 ​

Power to Prohibit Use of Public Streets for Certain Kinds of Traffic ​

Section 253 ​

Regulation of Parking of Private Vehicles on Public Places ​

Section 254 ​

Halting Vehicles or Animals on Public Ground ​

  • Fine: ₹1k - ₹2k
  • Daily: ₹50 - ₹100/day

Section 255 ​

Arrangement for Fire Prevention by Municipality ​

Section 256 ​

Establishment and Maintenance of Fire Brigade ​

Section 257 ​

Powers of Fire Brigade and Other Persons for Suppression of Fire ​

  • Authority: Magistrate, Municipality members, CMO, Fire Brigade, Police (above constable rank)

Section 258 ​

Power to Restrict or Ban Manufacture of Plastic Bags ​

  • Prison: Up to 3 months
  • Fine: ₹100 - ₹1k
  • Daily: ₹50/day

Section 259 ​

Non-Taking of Connection or Discharging Sewage ​

  • Fine: ₹5k

Section 260 ​

Filthy Building ​

  • Fine: ₹1k - ₹2k
  • Daily: ₹50 - ₹100/day
  • Surplus from sale of materials to be returned within 6 months

Section 261 ​

Bathing Places ​

Section 262 ​

Fouling Water ​

  • Fine: ₹1k - ₹2k

Section 263 ​

Abatement of Nuisance from Wells, etc. ​

  • Applicable if nuisance is within 100 meters

Section 264 ​

Regulation or Prohibition of Certain Kinds of Cultivation ​

  • Reports required from:
    • Director of Medical and Health Services
    • Chief Medical and Health Officer
    • Local Medical Officer
  • Compensation: If cultivation existed for the last five years

Section 265 ​

Using Offensive Manure Without Permission ​

  • Fine: ₹1k - ₹2k

Section 266 ​

Playing Any Game Causing Annoyance ​

  • Fine: ₹100 - ₹500

Section 267 ​

Prohibition of Other Nuisances ​

  • Fine: ₹1k - ₹2k

Section 268 ​

Consumption of Smoke ​

  • Fine: ₹1k - ₹2k
  • Subsequent offenses: ₹2k - ₹5k

Section 269 ​

Licensing Markets, Slaughterhouses, and Certain Businesses ​

  • Penalty: ₹1k - ₹2k
  • Daily Penalty: ₹50 - ₹100/day
  • Appeal: To collector within 30 days

Section 270 ​

Opening, Closing, Letting of Markets and Slaughterhouses ​

  • Fine: ₹1k - ₹2k
  • Lease period: 1 year at a time

Section 271 ​

Slaughterhouses Beyond Municipal Limits ​

  • Requires approval from State Government Officer

Section 272 ​

Opening of New Slaughterhouses ​

Section 273 ​

Powers for Preventing Dangerous Diseases ​

  • Fine for disobedience: ₹2k - ₹5k

Section 274 ​

Special Powers Conferred by State Govt for Over-Crowded Areas ​

Section 275 ​

Burial and Cremation Grounds ​

  • To be managed by the Municipality

Section 276 ​

Powers in Respect of Burial and Burning Places ​

  • Closure certified by:
    • Director of Public Health
    • District Medical and Health Officer
  • Fine: ₹1k - ₹2k
  • Appeal: To collector within 30 days

Section 277 ​

Municipality Prescribes Routes for Removal of Corpses ​

  • Fine: ₹1k - ₹2k

Section 278 ​

Licensing of Fuel Shops at Burning Grounds ​

  • Within 300 meters
  • Fine: ₹1k - ₹2k

Section 279 ​

Powers to Cause Corpses to Be Buried or Burnt ​

  • After 24 hours

Section 280 ​

Removal of Carcasses of Dead Animals ​

  • Notification: Within 24 hours
  • Designated place or beyond 2 km
  • Fine: ₹1k - ₹2k

Section 281 ​

Penalty for Acts Done by Persons Suffering from Infectious or Contagious Disorders ​

  • Fine: ₹1k - ₹2k

Section 282 ​

Regulation of Certain Trades ​

  • Penalties: ₹2k - ₹5k + ₹100/day
  • Without License: ₹1k - ₹2k + ₹100 - ₹500/day
  • Appeal: To collector within 30 days

Section 283 ​

Use of Siren for Summoning or Dismissing Workmen with License ​

  • Withdraw license with 1-month notice
  • Fine: ₹2k - ₹5k

Section 284 ​

Service of Notices to Individuals ​

  • Valid even with defects in form

Section 285 ​

Disobedience to Individual Notice ​

  • Fine: ₹2k
  • Daily: ₹50/day

Section 286 ​

Disobedience to Public Notice ​

  • Fine: ₹2k - ₹5k
  • Daily Penalty: ₹50 - ₹100/day

Section 287 ​

Municipality in Default of Owner or Occupier ​

  • Recover expenses + 10% administrative charge (minimum ₹1,000)
  • Improvement expenses + 15% interest

Section 288 ​

Occupier in Default of Owner ​

  • Amount can be deducted from rent due

Section 289 ​

Proceedings if Occupier Opposes Execution by Owner ​

  • Fine: ₹1k - ₹2k/day on the occupier

Section 290 ​

Penalty for Obstructing Municipal Workers ​

  • Fine: ₹2k - ₹5k

Section 291 ​

Penalty for Breaches of Act ​

  • Fine: ₹2k - ₹5k

Section 292 ​

Entry for Purposes of Act ​

  • Timing: Sunrise to Sunset
  • Notice: 24 hours written notice

Section 293 ​

Preventive Inspection ​

  • Authorized Officials:
    • Chairperson
    • Vice-Chairperson
    • Chief Municipal Officer (CMO)
    • Health Officer

Section 294 ​

Power for Effecting Entry ​

Section 295 ​

Determination of Compensation by Director of Local Bodies ​

  • Redress through civil court
  • Follows Land Acquisition Act, 1894

Section 296 ​

Costs or Expenses Determination and Recovery ​

Section 297 ​

Formation of State Municipalities Union ​

  • Notified by State Government
  • Requires 1/2 majority resolution to join
  • Chairperson to represent

CHAPTER XII A: Prevention of Defacement of Property ​

Section 297A ​

Penalty for Defacement of Property ​

OffensePunishment
First OffensePrison ≤ 1 year
Fine: ₹5k - ₹10k
Subsequent OffensePrison ≤ 2 years
Fine: ₹10k - ₹20k

Section 297B ​

Punishment for Attempt to Commit Offense ​

Section 297C ​

Punishment for Abettor ​

Section 297D ​

Power to Erase Writing ​

Section 297E ​

Power to Compound Offense ​

Section 297F ​

Indemnity ​

  • No prosecution for actions taken in good faith

Section 297G ​

Chapter to Override Other Laws ​

Section 297H ​

Definitions ​

CHAPTER XIII ​

Section 298 ​

Municipality May Prosecute within 6 months of offense ​

Section 299 ​

Powers with Respect to Prosecuting for Offenses ​

  • Municipality may compromise or withdraw cases

Section 300 ​

Damages to Municipal Property ​

Section 301 ​

Specific Sections to Be Cognizable and Bailable ​

  • Sections: 167, 236, 245, 297 (A), (B), (C)

Section 302 ​

Lawfulness of Distress Despite Defects in Form ​

Section 303 ​

Alternative Procedure by Suit if Recovery Fails ​

Section 304 ​

Suits against municipality or its officers ​

  • Two-month notice
  • Action within six months except for actions for immovable property or title declarations.

Section 305 ​

Civil court not to grant temporary injunctions in certain cases ​

Section 306 ​

Municipality can compromise suits or claims ​

Section 307 ​

Mode of Proof of municipal records ​

  • Certified copies

Section 308 ​

Restrictions on summoning municipal servants ​

CHAPTER XIV ​

Section 309 ​

Appointment and powers of director, deputy director and assistant director ​

  • Appointment by State Govt

Section 310 ​

Powers of inspection and supervision ​

  • Authorized officer can delegate to SDO rank

Section 311 ​

Power to inspect the office of municipality ​

  • Officer authorized by State Govt

Section 312 ​

Powers of suspending execution of order etc. of municipality ​

  • Authorized officer can suspend
  • Copy sent to State Govt, which can modify

Section 313 ​

Extraordinary powers in case of emergency ​

  • DM executes works
  • Copy sent to State Govt, which can modify
  • Municipality pays

Section 314 ​

Compliance by municipality of requisition by government in emergencies ​

  • Cost proportioned by State Govt

Section 315 ​

Agency for execution of public works ​

  • Municipality pays

Section 316 ​

Special provisions for works executed by the state govt ​

  • Consult Municipality
  • Construct permanent works for health/safety

Section 317 ​

Govt inquiry into municipal matters ​

  • State Govt decides cost, interest (15% max)
  • Officer has power of civil court

Section 318 ​

Power of govt to prevent extravagance ​

  • Conferred to CMO
  • Delegated to Chairperson, VC, or designated member
  • State Govt can declare surplus employees

Section 319 ​

Power of govt to provide for performance of duties in default of municipality ​

  • Set period
  • Appoint person
  • Recover expense

Section 320 ​

Exercise of municipality's power pending its establishment ​

  • Officer/Committee appointed by State Govt
  • No new tax/bye-laws
  • Election within 6 months

Section 321 ​

Power of govt to direct person in custody of municipal fund to pay govt dues ​

Section 322 ​

Dissolution of Municipality ​

  • Incompetency (vacancy > 2/3), persistent defaults, or abusing powers
  • Elected < 2/3 of total
  • All vacate office
  • Official gazette, opportunity to explain, inquiry by tribunal (1 CH + 2 Members)
  • Election within 6 months
  • Term lasts for remainder
  • Presented in state legislature

Section 323 ​

Dispute between Municipality and local authorities ​

  • Collector within district
  • Divisional Commissioner outside district

Section 324 ​

Dispute between Municipality and statutory boards (UIT, Development Authority) ​

  • State Govt decides

Section 325 ​

Powers of govt to modify bye-laws ​

  • Repeal/modify by notification in gazette
  • Grounds communicated to Municipality, time given to respond

Section 326 ​

Delegation of powers by govt ​

Powers that can't be delegated:

  • Section 3: Delimitation of Municipalities
  • Section 6: Composition of Municipality
  • Section 7: Reservation of seats
  • Section 67: No confidence motion against Chairperson
  • Section 94: Disposal of land deemed to have been placed at disposal of Municipality
  • Section 102: Obligatory taxes
  • Section 103: Other taxes that may be imposed
  • Section 107: Power to write off irrecoverable amount
  • Section 111: Penalty for non-payment of tax
  • Section 142: Comprehensive debt limitation policy
  • Section 297: Municipality may compound offences
  • Section 318: Power of govt to prevent extravagance in employment
  • Section 322: Dissolution of Municipality
  • Section 325: Powers of govt to cancel or modify bye-laws and rules
  • Section 337: Power of state govt to make rules and orders
  • Section 339: Power of Municipality to make rules
  • Section 340: Power of Municipality to make bye-laws

Section 327 ​

State govt's power to call for records ​

  • Decision final and binding

CHAPTER XV ​

Section 328 ​

Section 329 ​

Section 330 ​

Section 331 ​

Section 332 ​

Section 333 ​

Section 334 ​

Section 335 ​

Section 336 ​

CHAPTER XVI ​

Section 337 ​

Section 338 ​

Section 339 ​

Section 340 ​

Section 341 ​

CHAPTER XVII ​

Section 342 ​

Section 343 ​

Section 344 ​