The Chhattisgarh Municipal Corporation (Amendment) Act, 2003

Short title, extent and commencement.

1. (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2003 (No. 6 of 2003).
2. (2) It shall come into force from date of its notification in the official Gazette.

Amendment of Section 39. In sub-section

1. (1) and
2. (2) of Section 39 of Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) hereinafter called Principal Act, for words "Divisional Commissioner" the words "Director Urban Planning and Development" shall be substituted.

In sub-section (1),

1. (2) and
2. (3) of Section 23 of the Principal Act, for words "Divisional Commissioner" the words "Director Urban Planning and Development" shall be substituted.

In sub-section

1. (1) and
2. (2) of Section 24 of the Principal Act, for words "Divisional Commi- ssioner" the words "Director Urban Planning and Development" shall be substituted. 1. Short title and commencement
3. (1) This Act may be called the Chhatisgarh Municipal Corporation (Amendment) Act, 2003.
4. (2) It shall come into force from date of its notification in the Official Gazette. 2. Insertion of new section After sub-section
5. (10) of Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) hereinafter referred to as Principal Act, following new sub-section (10-a) shall be inserted, namely :- (10-a) "Collector" means the District Collector appointed by the State Government under Section 36 of Chhattisgarh Land Revenue Code, 1959. 3. Amendment of Section 5 After Subsection
6. (10) of Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) hereinafter referred to as Principal Act, following new sub-section (10-a) shall be inserted, namely :- (10-a) "Collector" means the District Collector appointed by the State Government under Section 36 of Chhattisgarh Land Revenue Code, 1959. 4. Amendment of Section In clause
   • (b) of Section 14-C of the principal Act, for words "member/corporator" the words "Mayor or Councillor" shall be substituted and for the words "for a period of five years" the words "for a period not exceeding five years" shall be substituted.

"Section 14-D.- The State Election Commission, on making application within thirty days from the date of publication of the order, passed under clause

1. (b) of Section 14-C, in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification."

After para

1. (m) of sub-section

1. (1) of section 17 of the Principal Act, the following para
   • (n) shall be inserted, namely :- "(n) has been disqualified under Section 14-D."

"Section 17-B. Every Mayor and every Councillor shall before taking part in the meetings of the Corporation or before entering upon his office, as the case may be, shall make and subscribe in the presence of the Speaker an oath or affirmation in the form set out in the Schedule to this Act :- I ................................................................ Councillor of Municipal Corporation ................................................................ swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will uphold the sovereignty and integrity of India, and I will faithfully and impartially perform my duties.

1. (2) If the Mayor or Councillor does not take an oath under sub-section (1), it shall be deemed that such Mayor or Councillor as the case may be, has not assumed his office : provided that except with permission of the Director if any Mayor or Councillor, as the case may be, does not take an oath within 30 days from the date of his election or nomination, as the case may be, his seat shall be deemed to have fallen vacant ipso facta."

"Section 18-A. Subject to the provisions of the Act, the Speaker shall have the following powers and functions :-

1. (i) to preside over the meetings of the Corporation and send the copy of proceedings to the commissioner within seven days from the date of meeting;
2. (ii) to fix the date of the meeting of the Corporation with the consent of the Mayor and arrange to send the notice thereof along with the Agenda as approved by the Mayor; and
3. (iii) to give administrative order over the officers and servants of his office including the Corporation Secretary.

1. (2) The Speaker shall have power to call the execution report from the Commissioner on the decisions taken in the meeting of the Corporation, and may take steps to include in the agenda of the next meeting of the Corporation such matter in which execution has been delayed beyond three months." 8. Amendment of Section 25 Amendment of Section 25. — In clause
   • (b) of Section 25 of the Principal Act, for the words "the Speaker" the words "such member or the Mayor-in-Council, as may be appointed by the Mayor" shall be substituted. 9. Insertion of Section Insertion of Section 25-A. — After Section 25 of the Principal Act, following new Section 25-A shall be inserted, namely :- "Section 25-A. Subject to provisions of the Act, every Councillor shall have the following duties :-
     • (i) to be present and take part in the meetings of the Corporation and on requirement cast vote.
     • (ii) to draw the attention of the Mayor or Commissioner towards any loss to the Corporation property or any short comings in any scheme of state or any work being executed by the corporation." 10. Amendment of Section 30 In Section 30 of the Principal Act, after the word "special meeting" the words "to discuss any emergent and burning issues of the town" shall be inserted. After proviso following shall be inserted " Provided further that such special meeting shall not be more than three in a year." 11. Amendment of Section 37 Sub-section
2. (2) of Section 37 of the Principal Act, shall be substituted by the following :-
3. (2) "The Mayor-in-Council shall consist of the Mayor and twenty percent of the total number of elected Councillors. In calculating the said number fraction less than half shall be ignored and fraction equal to half or more shall be counted as one. Provided that all the members shall be nominated by the Mayor from amongst the elected Councillors of the Corporation and out of which at least one member from Scheduled Caste or Scheduled Tribes, one member from Other Backward Classes and one member from women category shall be nominated." 12. Amendment of Section 73 Amendment of Section 73 Section 73 of the Principal Act, shall be substituted by the following :- Section 73. Contracts by or on behalf of the Corporation.
4. (1) Contracts by or on behalf of the Corporation shall be expressed to be made by the Commissioner in accordance with the following provisions :-
   • (a) every such contract shall be made on behalf of the Corporation by the Commissioner.
   • (b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carryout without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has been duly obtained.
   • (c) the Mayor-in-Council and the Commissioner may sanction any estimate or contract (including technical and administrative) involving such amount, as may be prescribed.
   • (d) all other estimates or contracts shall be sanctioned by the Corporation.
5. (2) The manner and procedure for giving contract, shall be such as may be prescribed.
6. (3) The Corporation, in order to take assistance in technical or other matters, may engage the service of a qualified consultant and the procedure for the appointment of such consultant shall be subject to rules made in this Act.
7. (4) The Corporation can take assistance of a company, firm, society, trust or any other agency not any Government agency that is established under any existing rules, to execute any type of project relating to urban infrastructure related with facilities. The Corporation, can also execute works with the help of such private agency.
8. (5) Private sector participation agreements shall be such as may be prescribed and shall include the following :-
   • (a) Build-Own-Operate-Transfer Agreement.
   • (b) Build-Own-Operate-Maintain Agreement.
   • (c) Build and Transfer Agreement.
   • (d) Build-Lease-Transfer Agreement.
   • (e) Build-Operate-Transfer Agreement.
   • (f) Lease and Management Agreement.
   • (g) Management Agreement.
   • (h) Build-Operate-Maintain Agreement.
     • (i) Rehabilitate-Own-Operate-Maintain Agreement.
   • (j) Service Contract Agreement.
   • (k) Supply-Operate-Transfer Agreement: Provided that all the above agreements for Private Participation shall be executed by the Corporation in such manner as may be prescribed by the State Government. 13. Insertion of New Section Insertion of New Section 82-A After section 82 of the Principal Act, following new Section shall be inserted, namely :- Section 82-A. No property of the Corporation such as school, tank, play ground or park meant for public use shall not be allowed to be used for any other purpose on a permanent basis. 14. Amendment in Section 83 In section 83 of the Principal Act, the following Section shall be substituted, namely :- "Section 83-Record of immovable property.
9. (1) The Corporation shall maintain a register and map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the Government.
10. (2) The Commissioner, after having demarcated every land, Building establishment and plant etc. in the ownership of the Corporation, shall arrange to affix herein the boards showing that the said property is in the ownership of the corporation.
11. (3) Each year the Commissioner shall in the budget meeting of the Corporation, publish the details of all immovable property of the Corporation and send its copy along with the agenda to the members.
12. (4) The Commissioner shall, from time to time, inspect the property of the Corporation and take action to remove the encroachment if any." 15. Insertion of Section After Section 83 of the Principal Act, following new Section shall be inserted, namely :- "Section 83-A- The State Government may prescribe the manner in which the record of the Corporation shall be maintained and kept in custody and also the manner and the procedure subject to which record shall be destroyed." 16. Amendment in Section Sub-section
13. (5) of Section 131-A of the Act, shall be substituted by the following :- "Section 131-A
14. (5) The Municipal Accounts Committee shall consider the report of the auditor, appointed under Section 129, in respect of accounts of the Corporation and submit the same to the Corporation along with its views." 17. Omission of sub-section
15. (6) of Section Omission of sub-section
16. (6) of Section 131-A. 18. Insertion of Section "Section 133-B- Whenever it appears to the State Government that the balance of Municipal Fund of any Corporation or its revenue is insufficient for the discharge of its duties or obligations imposed upon it under or for the performance of any duties in respect of which it shall have been declared under Section 410 to have committed default, the State Government after giving a notice of fifteen days to the Corporation and considering the representation of the Corporation, if any, may by an order in writing, require the Corporation to levy any tax or fee or enhance the rate of existing tax or fee in such manner and to such an extent as the State Government may specify in the order, and the Corporation shall be bound to comply with such order within the period specified by the State Government." 1. Short title, extent and commencement
17. (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2003.
18. (2) It shall come into force from the date of its notification in the official Gazette. 2. Amendment of Section 9 "Section 9" (in the context of the requested amendments) In sub-section
19. (1) of Section 9 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956), in clause (c), after first proviso, the following shall be inserted, namely:- " Provided further that if in the general election to the Municipal Corporation, no person with disability has been elected, then the State Government shall nominate to such Municipal Corporation, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No.49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour):" 1. Short title, extent and commencement
20. (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2019.
21. (2) It extends to the whole State of Chhattisgarh.
22. (3) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment of Section 5 After Subsection
23. (10) of Section 5 of the Chhattisgarh Municipal Corporation Act 1956 (No. 23 of 1956) hereinafter referred as Principal Act, following new sub-section (10-a) shall be inserted, namely :- (10-a) "Collector" means the District Collector appointed by the State Government under Section 36 of Chhattisgarh Land Revenue Code, 1959. 3. Amendment of Section 9 In sub-section
24. (1) of Section 9 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956), in clause (c), after first proviso, the following shall be inserted, namely:- " Provided further that if in the general election to the Municipal Corporation, no person with disability has been elected, then the State Government shall nominate to such Municipal Corporation, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause. Explanation : Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016 ) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour)." 4. Amendment of Section In the Principal Act, in Section 11-A, after sub-section (4), the following shall be added, namely:- (4-a) In the case of Municipal Corporations where, in terms of this Section, the office of the Mayor is reserved for candidate from a specific category, any elected councilor belonging to such category for which the office of the Mayor is reserved, may become a candidate for the office of Mayor, irrespective of whether the ward he was elected from was reserved for such category or not. 5. Amendment of Section 12 In the Principal Act, in Section 12, after clause (c), the following shall be added, namely:-
    • (d) is not registered in any electoral roll related to a Panchayat or municipal area of a municipality; Explanation-1: For the purpose of this section 'Panchayat' shall have the same meaning as assigned to it in clause
      • (xvii) of Section 2 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994): Explanation-2: For the purpose of this section "municipal area" shall have the same meaning as assigned to it in clause (18-a) of Section 3 of the Chhattisgarh Municipalities Act, 1961 (No. 37 of 1961). 6. Amendment of Section 14 Amendment of Section 14 7. Amendment of Section Amendment of Section 14-A 8. Amendment of Section In clause
    • (b) of Section 14-B of the principal Act, for words "member/Corporation" the words "Mayor or Councillor" shall be substituted and for the words "for a period of five years" the words "for a period not exceeding five years" shall be substituted. 9. Amendment of Section After Section 14-C of the principal Act, following Section 14-D shall be inserted, namely :- "Section 14-D. - The State Election Commission, on making application within thirty days from the date of publication of the order, passed under clause
    • (b) of Section 14-C, in the official Gazette may for reasons to be recorded in writing remove any disqualification or reduce the period of any such disqualification." 10. Amendment of Section 15 In Section 30 of the Principal Act, after the word "special meeting" the words "to discuss any emergent and burning issues of the town" shall be inserted. After proviso following shall be inserted: " Provided further that such special meeting shall not be more than three in a year." 11. Amendment of Section 16 Sub-section
25. (2) of Section 37 of the Principal Act, shall be substituted by the following :-
26. (2) "The Mayor-in-Council shall consist of the Mayor and twenty percent of the total number of elected Councillors. In the same, calculation of the percentage number fraction less than half shall be ignored and fraction equal to half or more shall be counted as one. Provided that all the members shall be nominated by the Mayor from amongst the elected Councillors of the Corporation and out of which at least one member from Scheduled Caste or Scheduled Tribes, one member from Other Backward Classes and one member from women category shall be nominated." 12. Amendment of Section 17 Amendment of Section 17 12. After sub-section
27. (1) of section 17 of the Principal Act, the following para shall be inserted, namely :– "(n) has been disqualified under Section 14-C." 13. Amendment of Section Amendment of Section 17-B "Section 17-B. Every Mayor and every Councillor shall before taking part in the proceedings of the Corporation or before assuming upon his office, as the case may be, shall take the oath and subscribe in the presence of the Commissioner an oath or affirmation in the form as prescribed in the Chhattisgarh Municipal Corporation ...... ................ ........ , swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will uphold the sovereignty and integrity of India, and I will faithfully and impartially perform my duties. (2) If the Mayor or Councillor does not take an oath under sub-sec- tion-(1), it shall be deemed that such Mayor or Councillor as the case may be, has not assumed his office : provided that except with permission of the Director if any Mayor or Councillor, as the case may be, does not take an oath within 30 days from the date of his election or nomination, as the case may be, his seat shall be deemed to have fallen vacant ipso facto." 14. Amendment of Section 18 "Section 83.
28. (1) The Corporation shall maintain a register and map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the Government.
29. (2) The Commissioner, after having demarcated every land, Building establishment and plant etc. in the ownership of the Corporation, shall arrange to affix there in the boards showing that the said property is in the ownership of the corporation.
30. (3) Each year the Commissioner shall in the budget meeting of the Corporation, publish the details of all immovable property of the Corporation and send its copy along with the agenda to the members.
31. (4) The Commissioner shall, from time to time, inspect the property of the Corporation and take action to remove the encroachment if any." 15. Amendment of Section 20 "Section 83-A. The State Government may prescribe the manner in which the record of the Corporation shall be maintained and kept in custody and also the manner and the procedure subject to which record shall be destroyed.". 16. Amendment of Section "Section 131-A
32. (5) The Municipal Accounts Committee shall consider the report of the auditor, appointed under Section 129, in respect of accounts of the Corporation and submit the same to the Corporation along with its views." 17. Amendment of Section 24 In sub-section
33. (1) and
34. (2) of Section 24 of the Principal Act, for words "Divisional Commi- ssioner" the words "Director Urban Planning Development" shall be substituted. 18. Amendment of Section 422 In the Principal Act, in Section 422, in sub-section (1), in clause (b), before the word 'speaker', the words "Mayor and" shall be inserted.

In the Principal Act, in Section 441, in sub-section (2), in clause (b), for sub-clause (iii), the following shall be substituted, namely:- "(iii) in the case of election of Mayor, by any elected Councilor."

Repeal The Chhattisgarh Municipal Corporation (Amendment) Ordinance, 2019 (No. 2 of 2019) is hereby repealed.

1. Short title and commencement

1. (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2019.
2. (2) It extends to the whole State of Chhattisgarh.
3. (3) It shall come into force from the date of its publication in the Official Gazette. 2. Amendment of Section In Section 133-A of the principal Act,-
   • (a) In sub-section (1), for the punctuation full-stop ".", the punctuation colon ":" shall be substituted; and
   • (b) After sub-section (1), the following shall be added, namely:- " Provided that the State Government may, from time to time, by Notification in the Official Gazette, exempt the transfer of some or all immovable properties, partly or fully, temporarily or permanently, from the provision contained in this sub-section, subject to such conditions as it may specify in the Notification." 3. Amendment of Section 293 In sub-clause
   • (b) of Clause
     • (iv) of sub-section
4. (1) of Section 293 of the Principal Act, -
   • (a) For the words "one year", the words "two years" shall be substituted; and
   • (b) For the words "the expiry of' shall be omitted. 4. Amendment of Section 300 In the title and content of Section 300, for the words "one year", wherever they occur, the words "two years" shall be substituted; and
     • (ii) In Section 300, for the words "two years", the words "four years" shall be substituted. 5. Amendment of Section
5. (3) Notwithstanding any thing to the contrary contained in this Section, the State Government may, after obtaining approval of the Council of Ministers, in larger public interest, for reasons to be recorded in writing, on the recommendation of the Corporation, exempt, in part or whole, the fees for compounding of offences under this Section, in any particular case: Explanation - 1 : For the purpose of this Section, the term 'Larger public interest' is restricted to the following :-
   • (a) Institutes or organizations active in the field of education including training for skills-development for promotion of livelihood of the underprivileged, for at least five preceding years, and which receive grants from the University Grants commission and/or the Central or State Governments;
   • (b) Hospitals and healthcare centres which are recognized by the central or State Government, and primarily render charitable services to the poor and underprivileged;
   • (c) Religious and charitable organizations active in the field of social service, provided their offences under this Section relate to construction of buildings other than residential or commercial;
   • (d) Institutions, duly recognized by the central and/or State Governments, that run orphanages, facilities for physically or mentally challenged persons, destitute homes for women or senior citizens, and have been active for a period of preceding five years or more. Explanation - 2: The above provision shall also apply in any of such cases as may be pending on the date this provision comes into force.