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
| Chapter | Chapter Name | Sections |
|---|---|---|
| I | Preliminary | 1-2 |
| II | Constitution and Government of Municipalities | 3-50 |
| III | Conduct of Business and Ward Committee | 51-66 |
| IV | Municipal Property and Works | 67-75 |
| V | Municipal Finance and Municipal Fund | 76-89(A) |
| VI | Accounts and Audit | 90-100 |
| VII | Municipal Revenue | 101-140 |
| VIII | Borrowings | 141-151 |
| IX | Commercial Projects, Private Sector Participation Agreements | 152-155 |
| X | Economic and Development Planning | 156-158 |
| XI | Urban Development and Town Planning | 159-199 |
| XII | Municipal Powers and Offences | 200-297 |
| XII(A) | Prevention of Property Disfugrement | 297(A)-297(H) |
| XIII | Prosecution, 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
| Population | Municipality Type |
|---|---|
| 20K - 1 lakh | Municipal Board (Transitional Area) |
| 1 lakh - 5 lakh | Municipal Council (Smaller Urban Area) |
| > 5 Lakh | Municipal 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 Type | Max Seats with Special Age Requirement |
|---|---|
| Reserved Seats for SC/ST/BC/Women | Max 2 seats per category |
| Reserved Seats ≤ 3 | Only 1 seat per category |
| Unreserved Seats ≤ 5 | Only 1 seat |
| Unreserved Seats > 5 | 1 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
| General | Special |
|---|---|
| Once every 60 days | Within 7 days by Chairperson |
| Minimum 6 times/year | Within 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:
- Actual Occupier (if owner).
- Person with right to let.
- Lessor (if let).
- 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
- Encroachment (except steps on public drain):
- Prison: 3 months to 3 years
- Fine: ₹30k - ₹50k
- Temporary obstruction:
- Prison: Up to 1 month
- Fine: Up to ₹5k
- Removal of earth or sand:
- Prison: 2 to 6 months
- Fine: ₹30k - ₹50k
- Appeal:
- To district judge within 1 month
- Municipality employee involved:
- Prison: 3 months to 3 years
- Fine: Up to ₹30k
- 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
| Offense | Punishment | |
|---|---|---|
| First Offense | Prison ≤ 1 year Fine: ₹5k - ₹10k | |
| Subsequent Offense | Prison ≤ 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