Vidhi Codex

The Madhya Pradesh* Municipalities Act, 1961

The Madhya Pradesh* Municipalities Act, 1961

Infrastructure1961335 sections14 chapters

This Act establishes the legal framework for governing municipalities in the state, replacing previous laws such as the Madhya Bharat Municipalities Act. It applies to smaller urban areas and transitional areas, providing rules for their administration. The legislation ensures the continuity of existing municipal committees, councils, and boards, as well as their employees and ongoing legal proceedings, while setting new standards for their operation and term limits.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and Commencement
  2. 2Repeal and Saving.-
  3. 3Definitions.-

Chapter II CONSTITUTION OF MUNICIPALITIES →

  1. 5Constitution of Municipal Councils and Nagar Panchayats.-
  2. 6Procedure for publication of notification-
  3. 7Effect of establishing Municipality for local area which ceases to be Town area or
  4. 8Explanation- In this section “Panchayat Law” means a low for the time being in force for the organization and administration of Village Panchayat in the State.
  5. 9Government, by notification, otherwise directs apply to such local area.
  6. 10to 15. Omitted
  7. 16Exercise of powers of Council pending its constitutions.
  8. 17Erection and maintenance of boundary mark-
  9. 18Incorporation of Municipalities-
  10. 19Composition of Municipal Council or Nagar Panchayat-
  11. 20Provided that proceedings of election of Vice-President, or any of the Committees under the Act shall not be stayed, pending the election of such seat.
  12. 21Relief that may be claimed by petitioner.
  13. 22Grounds for declaring election or Nomination to be void
  14. 23Procedure to be followed in disposal of election petition
  15. 24Decision on election petition.--
  16. 25Procedure in case if equality of votes.--
  17. 26Finality of decision.
  18. 27Disqualification arising out of corrupt practices.--
  19. 28Provided that the State Government may, by notification, remove the disqualification incurred under this section with effect from such date as may be specified therein.
  20. 29Determination of number and extent of wards and conduct of elections
  21. 30Qualification of voters and their registration.-
  22. 31Disqualification of voters.-
  23. 32Preparation of electoral rolls and conduct of elections.-
  24. 33Eligibility for voting.-
  25. 34Provided that no person shall vote more than once in any election of the councilors or an election of the Mayor, as the case may be.
  26. 35Disqualification of candidates
  27. 36Duration of Municipality.-
  28. 37Filling to Casual Vacancies
  29. 38Effect of subsequent disabilities.--
  30. 40Resignation of Vice-President or Councillors.--
  31. 41Removal of Councillor.-(1) The Collector may, at any time remove an elected Councillor-
  32. 42Automatic vacation of all offices on ceasing to be Councillor- A person who ceases to be
  33. 43Election and Term of Vice-President
  34. 44Omitted.
  35. 45Notification of election of Councillors.-
  36. 47Omitted.
  37. 48Grant of leave absence to President or Vice-President.-
  38. 49President by or under this Act or by any other enactment for the time being in force.
  39. 50Municipal Government vests in Council
  40. 51Powers and duties of President.- (1) It shall be the duty of the President of the Council-
  41. 52Government, delegate all or any of the powers conferred upon him under sub-section (1) to the Vice-President.
  42. 53Procedure in case of non-payment of Municipal dues by Councillors and office bearers of Council

Chapter III CONDUCT OF BUSINESS →

  1. 54Meeting of the Council and Committee.-
  2. 55First meeting after General election.-
  3. 56Provided that the presiding officer shall not have right to vote at such meeting and in case of equality of votes, the result shall be decided by lot.
  4. 57Power of President and Vice-President to call special meeting
  5. 58Place of meeting
  6. 59Chairman of Meeting
  7. 60Public to be admitted to the meeting of Municipality.-
  8. 61Quorum.-
  9. 62Minutes of proceedings.-
  10. 63Decision of Questions by Majority of votes.-
  11. 64Adjournments.-
  12. 65Modification and Cancellation of resolutions.-
  13. 66Notice to Government Executive Engineer.--
  14. 67Right of Government officers to attend, address and take part in meeting of Council.-
  15. 68Power to call upon officers to tender advice, etc
  16. 69Presence of Chief Municipal Officer
  17. 70Constitution of President-in-Council.--
  18. 71Advisory Committees.-
  19. 72Committee.
  20. 73Absence from meeting of Committee
  21. 74Casual vacancies in any committee
  22. 75Chairman of Committee
  23. 76Procedure of committee meetings
  24. 77Subordination of Committees to instructions of Council and compliance with
  25. 78Deligation of Council’s powers, duties and executive functions
  26. 79Municipal Officer by or under Section 92.
  27. 80Provided that, where one of the local authorities is a cantonment authority, the decision of the State Government shall be subject to the concurrence of the Central Government.
  28. 81Proceedings of meeting to be deemed to be good and valid.- Until the contrary is proved-
  29. 82Preservation of Order
  30. 83Responsibility of Councillors for misapplication of Municipal funds.-
  31. 84Penalty for interest in contract or employment
  32. 85Councillors not to take part in discussion in certain cases.--

Chapter IV CHIEF MUNICIPAL OFFICER AND STAFF OF MUNICIPALITY →

  1. 86Constitution of State Municipal Service.-
  2. 87The Chief Municipal Officer
  3. 88Health Officer and Engineer
  4. 89Appointment to State Municipal Service pending constitution thereof, etc
  5. 90Arrangement during leave of absence of Chief Municipal Officer.- (1) The State
  6. 91Arrangement during leave absence of Health Officer or Engineer
  7. 92Chief Municipal Officer.
  8. 93If any, as he may think fit to prescribe, by any Municipal Officer whom the Chief Municipal Officer may generally or specially empower in writing in this behalf.
  9. 94Appointment of staff
  10. 95State Government to make rules
  11. 96Abstention of officers or servants from political movement, etc.-(1) No officer or servant
  12. 97Liability of Municipal employees for misappropriation of funds.- Every employee of the
  13. 98Municipal officer or servant not to be interested in any contract with Council
  14. 99Penalty for officer or servant being interested in any contract, etc.-Any Municipal

Chapter V PROPERTY, CONTRACTS AND LIABILITIES →

  1. 100Property vested in Council.-
  2. 101Provided further that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.
  3. 102Acquisition of land.-
  4. 103Transfer of Municipal Property to Central Government
  5. 104Section 1000 or 102, but not so as to affect any trust or public right subject to which the property is held.
  6. 105Credit of moneys to Municipal Fund.- (1) There shall be credited to the Municipal Fund-
  7. 106The amount so credited shall be expended for the purposes for which it has been earmarked.
  8. 107Repayment of loans
  9. 108Custody and investment of Municipal Fund
  10. 109Provisions governing the disposal of Municipal property vesting in or under the management of Council
  11. 110Contracts by or on behalf of the Council
  12. 114Omitted.
  13. 115Provided that it shall have given at least 12 months’ notice of its intention to do so to the Manager or Managers of such institution.
  14. 116Annual estimate of income and expenditure.-
  15. 117Power of Council to alter budget grants
  16. 118Power of Council to readjust income and expenditure during year
  17. 119Publication of accounts
  18. 120Hindi language in Devnagari Script.
  19. 121Municipal Officer inspect any document relating to accounts of the Council within two days before the meeting of the Council in which they are to be considered.
  20. 122Audit Department, the Council, shall have the option, subject to sanction of the State Government, to get its accounts audited by an outside agency.

Chapter VI DUTIES OF COUNCIL →

  1. 123Duties of Council.-
  2. 124Descretionary Powers of Council
  3. 125Management of Public Institutions

Chapter VII MUNICIPAL TAXATION →

  1. 126Annual letting value of land or building.- (1) Notwithstanding anything contained in this
  2. 127Taxes to be imposed under this Act
  3. 129Omitted.
  4. 130Abolition or variation in tax
  5. 131Power of State Government in regard to relief in taxes
  6. 132Government may, by notification and subject to such conditions or restrictions as may be specified therein, abolish, suspend or reduce the amount or rate of any tax.
  7. 133Refund of taxes.--
  8. 134Preparation of assessment list
  9. 135Person liable how to be designated if name is not known
  10. 136Publication of notice of assessment list
  11. 137Public notice of time fixed for lodging objections
  12. 138Investigation of objections by Chief Municipal Officer
  13. 139Appeal to Civil Judge
  14. 140Authentication of assessment list when all objections disposed of- (1) When all
  15. 141Power of Council to amend assessment list
  16. 142Entries in assessment list to be final
  17. 143Notice of increase of rent
  18. 144Provided that no revision of assessment shall be made during the year unless the increase in rent is due to material addition or alteration in the building.
  19. 145Failure to give notice of an increase of rent
  20. 146New assessment list need not be prepared every year
  21. 147Responsibility for payment of property tax.-
  22. 148Right of occupier to recover from owner
  23. 150Omitted.
  24. 151Form of notice of transfer of titles
  25. 156Omitted.
  26. 157Procedure in case of non-payment of tolls or octroi
  27. 160Omitted.
  28. 161Method of assessment of duty on transfer of immovable property
  29. 162Power of State Government to require Council to impose taxes
  30. 163Tax not invlaid for defect of form

Chapter VIII RECOVERY OF MUNICIPAL CLAIMS →

  1. 164Presentation of bills for taxes, rent and other claims-
  2. 165General power of recovery of arrears.
  3. 166Extent of special provisions of recovery taxes.--
  4. 167(1) In what cases warrant may issue.--
  5. 168Sale of goods distrained.--
  6. 169Sale outside Municipal area.--
  7. 170Fees and costs chargeable.-
  8. 171Summary proceedings may be taken against persons about to leave the City.-
  9. 172Appeal to Civil Judge.--
  10. 173Amount of tax, etc. to be final.--
  11. 174Liability of Buildings, lands, etc., for taxes.-
  12. 175Provided that no arrears of any such tax shall be recoverable from any occupier who is not the owner, if such arrears are for a period during which the occupier was not in Occupation.
  13. 177Saving
  14. 178Writing off of irrecoverable sums due to Council.--

Chapter IX MUNICIPAL →

  1. 179Powers regarding public streets, etc.-(1) A Council may-
  2. 180Power to require repairs, etc., of private streets
  3. 181Power to declare private street a public street
  4. 182Notice to be given of intention to lay out lands for buildings or for private streets.--
  5. 183Regular line of public street.-
  6. 184Powers to regulate buildings, etc.
  7. 185Roofs and external walls of building not to be made of inflammable materials.--
  8. 186Level of buildings
  9. 187Notice of new buildings.--
  10. 188Right of compensation.--
  11. 189Procedure where bye-laws not framed.--
  12. 190Power to refuse permission if land is proposed to be acquired.--
  13. 191Provided further that the Council shall not be liable to pay compensation if the notice under Section 187 was given to the passing of the resolution by the Council to acquire the land.
  14. 192Regulation of huts.--
  15. 193Improvements of huts.--
  16. 194Permission necessary for certain projections.-
  17. 195Troughs and pipes for water.--
  18. 196Fixing of brackets, etc to houses.--
  19. 197Naming streets and parks and numbering houses
  20. 198Penalty for defacing buildings, etc.--
  21. 199Removal and trimming of hedges, trees, etc.--
  22. 200Municipal control over drains, etc.,- All sewers, drains, privies, water-closets, house
  23. 201Power for making and repairing drains
  24. 202Consent of other local authority
  25. 203Powers to require sufficient drainage of houses
  26. 204Septic tanks and sanitary latrines
  27. 205Council.
  28. 206Power of owner and occupiers of buildings or lands to drain into Municipal drains.-
  29. 207Right to carry drain through land or into drain belonging to other persons.--
  30. 208Provisions of privies etc.-(1) Where the Council is of the opinion that-
  31. 209Power to require owners to keep drains, etc., in proper order, or to demolish or close or cesspool
  32. 210Power to close existing private drains
  33. 211Council, on providing a drain or drains equally effectual for the drainage of such building or land and the Council may, subject to as aforesaid, do any work necessary for the purpose.
  34. 212Encroachment on Municipal drains
  35. 213Inspection of drains etc
  36. 214Municipal Council may execute certain works without allowing person concerned to
  37. 215Sanitary and dug-well latrines
  38. 216Service privies
  39. 217Explanation: Service privy means a fixed privy which is cleaned by hand but does not include a movable commode.
  40. 218Distance from water supply
  41. 219Power of carrying water-mains
  42. 220Powers and duties with regard to dangerous, stagnant or in sanitary sources of water supply
  43. 221Ruinous or dangerous buildings, precautionary measures
  44. 222Displacing pavements, etc
  45. 223Prohibition of obstruction in streets
  46. 224Boards to be set up during repairs, etc
  47. 225Fencing and lighting during repairs etc
  48. 226Timber, etc., not to be deposited or hole made in street without permission
  49. 227Dangerous quarrying.
  50. 228Prohibiting lopping of branches etc. of trees.---
  51. 229Building or rooms in buildings unfit for human habitation
  52. 230Council certifies, in writing, that the building or room, as the case may be, has been rendered fir for human habitation.
  53. 231Special powers which may be conferred by State Government in respect of over crowded area
  54. 232Investigation and action.--
  55. 233Removal of nuisances.--
  56. 234Person responsible for causing nuisance.--
  57. 235Condition causing nuisance to be rectified by alternation reconstruction or
  58. 236Depositing dust etc., commiting nuisance
  59. 237Power to prohibit collection of inflammable materials or lighting fires.--
  60. 238Power to prohibit unsanitary cultivation.--
  61. 239Discharging sewage, etc.-whoever causes or allows the water of any sink or sewer or any
  62. 240Non-removal of filth, etc
  63. 241Removal of night soil, etc.(1) The Council may from time to time fix the hours within
  64. 242(1) Filthy building, etc.--
  65. 243Dust-bin for refuse and garbage
  66. 244Cleansing of road and roadside drains
  67. 245Equipments and vehicles
  68. 246Using offensive manure, etc.--
  69. 247Provision of bathing places.--
  70. 248Bathing places.--
  71. 249Regulation of washing of clothes by washermen.--
  72. 250Fouling water.--
  73. 251Abatement of nuisance from wells, etc.--
  74. 252Provisions as to dogs.--
  75. 253VIII.
  76. 254Tethering cattle, etc
  77. 255Consumption of smoke.--
  78. 256Provided that nothing in this section shall be held to apply to locomotive engines used for the purpose of traffic upon railways or for the repair of roads.
  79. 257Playing any game causing annoyance.--
  80. 258Prohibition spitting on public streets, etc.--
  81. 259Establishment of markets
  82. 260Licensing markets.-(1) It shall be lawful for the Council to direct that no place other than a
  83. 261Water supply and sanitary convenience
  84. 262Opening, closing and letting of markets and slaughter houses
  85. 263Provided that the lessee shall give security for the due fulfillment of conditions of the lease.
  86. 264Places for slaughter of animals for sale.- (1) The Council may, as and when required by
  87. 265Power to regulate slaughter of animals not for sale
  88. 266Provided that the provisions of this section shall not apply to animals slaughtered for any religious purpose.
  89. 267Licensing of butcher
  90. 268Licensing and condition for sale of certain articles of food and drinks
  91. 269Search for and inspection of unwholesome articles
  92. 270Presumption in prosecution.- In any prosecution for adulterated and misbranded food the
  93. 271Model Dairy by Council
  94. 272Licensing of dairies
  95. 273Inspection of dairies and domestic cattle
  96. 274Duties of Council in respect of diseases among cattle, sheep or goats.-If any
  97. 275Registration of Births, Deaths and Marriages
  98. 276Reporting of births and deaths
  99. 277Reporting by medical attendants
  100. 278The information shall be given either personally or in such manner as may be convenient with 8 days of the occurrence of the birth or the death.
  101. 279Council to provide places for recreation.--
  102. 280Two or more local authorities may jointly provide and maintain open spaces, park, playgrounds and swimming pools.
  103. 281Hours and closures of Gardens, play grounds and General Pasture land.--
  104. 282Reservation of certain areas for special purpose of public utility.-(1) The State
  105. 283Regulation of certain trades
  106. 284Provision of sanitary conveniences
  107. 285Prohibition of use of steam whistles, etc
  108. 286Establishment and maintenance of Fire Brigade
  109. 287Brigade in the execution of its duties.
  110. 288Prohibition from begging for alms
  111. 289Special provision with respect to disposal of bodies of dead animals
  112. 290Power over disorderly houses and prostitutes
  113. 291Brothels- On the complaint of the President , or of three or more persons residing within
  114. 292Control of prostitution
  115. 293Provision of this part to be in addition to Central Act, No, 104 of 1956
  116. 294Service of notice, addressed to individuals
  117. 295Relief to agent receiver and trustees
  118. 296Punishment for disobedience to orders and notices not punishable under any other section
  119. 297General penalty
  120. 298Council, in default of owner or occupier, may execute works and recover expenses.--
  121. 299Provide that nothing herein contained shall be taken to affect any special contract made between any such occupier and the owner respecting the payment of any such expenses as aforesaid.
  122. 300Proceedings, if any occupier opposes the execution of the Act.--
  123. 301Summary powers regarding certain offences
  124. 302Entry for Inspection
  125. 303Provided further that in the case of building used as human dwellings, due regard shall be paid to the social and religious customs of the occupiers.
  126. 304Costs or expenses how determined and recovered
  127. 305Certain sections when to take effect in the case of [Nagar Panchayat].--
  128. 306Certain powers of Council to be exercised by President and Chief Municipal Officer.-

Chapter X APPEALS →

  1. 307Appeals against orders of President and Chief Municipal Officer
  2. 308Appeals against orders of Council, President and Chief Municipal Officer in Nagar
  3. 309An appeal under Section ---- or section ---- or any other provisions of this Act or rules
  4. 310Procedure to be followed by Council, Appeal Committee or Collector
  5. 311Pending cases.--

Chapter XI PROSECUTIONS, SUITS AND POWERS OF POLICE →

  1. 312Power to institute legal proceedings and obtain legal advice
  2. 313Council, any of its committees or any municipal officer or servant.
  3. 314Distress lawful though defective in form.--
  4. 315Damage to Municipal property how made good
  5. 316Alternative procedure by suit
  6. 317Power to compound offence
  7. 318Indemnity for acts done in good faith
  8. 319Bar of suit in absence of notice.- (1) No suit shall be instituted against any Council or any
  9. 320Powers of police to arrest offenders
  10. 321Police protection at fairs, etc.,- When special police protection is, in the opinion of the

Chapter XII CONTROL →

  1. 322Power of inspection and supervision
  2. 323Power to suspend execution of orders, etc., of Council-(1) If in the opinion of the
  3. 324Provided that the order shall not be revised, modified or confirmed by the State Government without giving the Council reasonable opportunity of showing cause against the order.
  4. 325Power to prevent extravagant establishment
  5. 326Council shall obtain public opinion on any question of public interest and in such manner, as may be directed by the State Government.
  6. 327Power to provide for performance of duties in default of Council
  7. 328Bank or person.
  8. 329Power to demand punishment and dismissal.--
  9. 330Provided no such order shall be passed until reasonable opportunities has been given to the person concerned to furnish his explanation and the same has been considered.
  10. 331Provided that no order shall be varied or reserved unless notice has been given to the parties interested to appear and to be heard in support of such order.
  11. 332Provided that no order shall be varied or reversed unless notice has been given to the parties interested to appear and to be heard in support of such order.
  12. 333Enforcement of orders
  13. 334Council in exercise of any of the powers conferred by this Act or any rule made there under, the State Government shall have all the powers necessary for the enforcement of such order at the cost of the Council.
  14. 335Councils and other local authorities as aforesaid in matters in which they are jointly interested.
  15. 336State Government in constitution with the Council and the terms and conditions so determined shall be binding on the Council.
  16. 338Omitted.
  17. 339Requisition of services in case of emergencies

Chapter XIV MISCELLANEOUS →

  1. 345Deligation of powers
  2. 346Power to remove difficulties
  3. 347Mode of proof of municipal records
  4. 348Restriction on the simmoning of Municipal servants to produce documents.- No
  5. 349Free for licences and permissions.--
  6. 350Contribution by State Government to Municipal fund in certain cases
  7. 351Municipality.
  8. 352Public servants
  9. 353Prohibition of remuneration of Councillors
  10. 354Government in this behalf.

Chapter XV RULES AND BYE-LAWS →

  1. 355Power to make rules
  2. 356General provision regarding rules
  3. 357General provisions regarding byelaws-(1) All byelaws for which provisions is made in
  4. 358Power to make bye-laws
  5. 359Model bye laws.-
  6. 360Copies of rules and bye-laws etc. to be kept for inspection and sale.-- Copies in English

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