Chapter VI DUTIES OF COUNCIL

1. (1) In addition to the duties imposed upon it by or un der this Act or anyn other enactment for

the time being in force, it shall be the duty of a Council to undertake and made reasonable and

adequate provision for the following matters within the limits of the Municipality, namely:-

1. (a) lighting public streets, places and buildings;
2. (b) cleansing public streets, places and sewers, and places, not being private property, which are open to the enjoymewnt of the public whether such places are vested in the Council or not; removing noxious vegetation, and abating all public nuisances;
3. (c) disposing of night soil and rubbish and preparation of compost manure from night soil and rubbish;
4. (d) extinguishing fire and protecting life and property when fire occurs;
5. (e) regulating or abating offensive or dangerous trades or practices;
6. (f) removing obstruction and projection in public streets or places and in spaces not being private property, which are open to the enjoyment of public; whether suchspaces are vested in the Council or in the State Government;
7. (g) acquiring, maintaining, changing and regulating places for the disposal of the dead;
8. (h) taking special measures as may be required by the prescribed authority or any other authority empowered to issue a direction in this behalf under any law for the time being in force for disposalo of dead bodies during epidemics and other unforeseen emergencies;
   • (i) securing or removing dangerous building or places, and reclaiming unhealthy localities;
9. (j) constructing , altering and maintaining public streets, culverts, Municipal boundary marks, markets, hats, slaughter-houses, latrines, privies, urinals, drains, sewers, drainage works, sewerage works, baths, washing places, drinking fountains, tanks, wells, dams and the like;
10. (k) establishing and managing cattle pounds, including, where the Cattle Trespas Act, 1871 (1 of 1871), is in operation, all the functions of the State Government and the Magistrate of the district under sections 4, 5, 6, 7, 12, 14, 17 and 19 of the Act.
11. (l) obtaining a supply or an additional supply of water, proper and sufficient, for preventing danger to the health of the inhabitants and domestic cattle on account of insufficiency or unwholesomeness, of the current supply when such supply or additional supply can be obtained at a reasonable cost and having such water analysed periodically;
12. (m) naming streets and parks and humbering houses;
13. (n) registering births, marriages and deaths;
14. (o) public vaccination;
15. (p) providing suitable accommodation for any calves, cows or buffaloes required within the Municipal limits for the supply of anu=imal lymph;
16. (q) registration of cattle and carrying out the census of agricultural cattle at such intervals as may be prescribed;
17. (r) taking such measures as may be required to prevent the out-break or spread or recurrence of infectious disease;
18. (s) preparing such annual reports on the Municipal administration as the State Government may, by general or special orders, require the Council to submit;
19. (t) erecting substantial boundary marks of such description and in such position as shall be approved by the Collector, defining the limits or any alteration in the limits of the Municipality;
20. (u) constructing and maintaing residential quarters for the conservancy staff of the Council;

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (v) establishing and maintaining primary schools; Provided that the State Government may, by notification and subject to such conditions as it may like to impose, exempt any Municipality from any of the provisions of this section.

1. (2) In addition to the duties imposed under sub-section (1) a Council shall, in times of distress such as out-break of an epidemic of famine or other natural clamity, render such assistance and co-operation as the State Government may require for the following matters, namely:-
   • (a) providing special medical aid and accommodation for then sick;
   • (b) giving relief to, and establishing and maintaining relief works for destitute persons within the limits of Municipality.
2. (3) No suit for damages or for specific performance shall be maintainable against any Council or any officer or Councillor thereof, on the ground that any of the duties specified in this section has not been performed.

A Council may, at its discretion provide, either wholly or partly out of the Municipal property and fund, for all or any of the following matters namely:- (a) reclaiming unhealthy localities, laying out, whether in area previously built upon or not, new public streets, andacquiring land for that purpose, including plots of aland for building to abut on such streets. (b) constructing, establishing or maintaining public partks, gardens, play-grounds andnopen spaces, libraries, museums, lunatic asylums, halls, offices, dharamshalas, rest-house and other public buildings; (c) furthering educational objects; (d) planting and maintaing roadside and other trees’ (e) watering public streets and places; (f) playing of music in squares, gardens or other places of public resort; (g) taking a census, for local purposes and granting rewards for information which may tend to secure the correct registration of vital statistics; (h) making a survey; (i) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary or honorary Magistrate, or any portion of any such charges; (j) destruction or the detention of dogs and pigs which may be destroyed or detained under the provision of this Act or under any other enactment for the time being in force in the State. (k) securing or assisting to secure suitable places for the carrying on of the dangerous and offensive trades specified by or under this Act; (l) supplying, constructing and maintaining receptacles, fittings, pipes and other appliances whatsoever, on or for the use of private premises for receiving and conducting the sewage thereof into sewers under control of the Council; (m) establishing and maintaining a farm or factory for the disposal of sewage; (n) promoting the well-being of Municipal employees or class of employees and of their dependents; (o) providing housing accommodation for any class of employees of the Council other than the conservancy staff; (p) the construction of sanitary dwelling houses for the poorer classes; (q) making contribution towards the construction, establishment or maintenance of education institutions including libraries and museums, hospitals, dispensaries or similar institutions providing public medical relief or engaged in social work or other institutions of a charitable nature; The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। (r) the acquisition and maintenance of pasture lands or grazing grounds and the establishment and maintenance of dairy farms and breeding stud; (s) the setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the Municipal area; (t) securing and distribution either free or at reduced price, particularly for the use of expectant and nursing mothers, children and invalids, full-cream or skimmed milk, condensed milk, evaporated milk, milk power and synthetic or soyaben milk; (u) establishing and running lodging and boarding houses; (v) establishing and running eating houses such as refreshment rooms tea shops, sweetmeat shops, restaurants, cafes, canteens, hotels and any such place where food and drinks are served; Explanation.- For the purpose of this clause “drinks” shall n ot include such drinks to which provisions of the Madhya Pradesh* Excise Act, 1915 (II of 1915), or the Madhya Pradesh* Prohibition Act, 1938 (VII of 1938), apply; (w) providing and maintaining public bathing places or swimming pools with sheds, booths and other convenieneces; (x) undertaking any commercial enterprises; (y) constructing and maintaining such roads, buildings and other Government works other than irrigation works, as the State Government may, in accordance with rules made under this Act, transfer to the Council; (z) providing for the maintenancwe and treatment of lunatics and lepers residing within or removal from the Municipal area at an asylum, hospital or house approved by the State Government; (aa) arranging for the removal of lunatics, le[ers and persons needing anti-rabic treatment to an asylum, hospital or house whether within or without the Municipallimits set up for the treatment of such persons; (bb) holding meals and fairs; (cc) establishing ashrams for destitutes, blind, crippled, lame disabled and old persons; (dd) establishing and maintaining veterinary dispensaries; (ee) any public reception, ceremony, entertainment or exhibition within the Municipality at a cost not exceeding such amount as may be prescribed by rules in this behalf: Provided that a resolution in that behalf is passed by the Council at an ordinay meeting; (ff) any matter likely to promote the public health, education, safety and convenienece of the public not otherwise provided for; (gg) establishing and maintaing hospitals and dispensaries; (hh) Establishing and maintaining poor houses; and (ii) urban planning including town planning; (jj) regulation of land use and construction of buildings; (kk) planning for economic and social development; (ll) urban forestry, protection of the environment and promotion of ecological aspects; (mm) safeguarding the interest of weaker sections of society including the handicapped and mentally retarded; (nn) urban poverty alleviation; and (oo) any other matter with the previous approval of the State Government.

1. (a) reclaiming unhealthy localities, laying out, whether in area previously built upon or not, new public streets, andacquiring land for that purpose, including plots of aland for building to abut on such streets.
2. (b) constructing, establishing or maintaining public partks, gardens, play-grounds andnopen spaces, libraries, museums, lunatic asylums, halls, offices, dharamshalas, rest-house and other public buildings;
3. (c) furthering educational objects;
4. (d) planting and maintaing roadside and other trees’
5. (e) watering public streets and places;
6. (f) playing of music in squares, gardens or other places of public resort;
7. (g) taking a census, for local purposes and granting rewards for information which may tend to secure the correct registration of vital statistics;
8. (h) making a survey;
   • (i) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary or honorary Magistrate, or any portion of any such charges;
9. (j) destruction or the detention of dogs and pigs which may be destroyed or detained under the provision of this Act or under any other enactment for the time being in force in the State.
10. (k) securing or assisting to secure suitable places for the carrying on of the dangerous and offensive trades specified by or under this Act;
11. (l) supplying, constructing and maintaining receptacles, fittings, pipes and other appliances whatsoever, on or for the use of private premises for receiving and conducting the sewage thereof into sewers under control of the Council; (m) establishing and maintaining a farm or factory for the disposal of sewage;
12. (n) promoting the well-being of Municipal employees or class of employees and of their dependents;
13. (o) providing housing accommodation for any class of employees of the Council other than the conservancy staff;
14. (p) the construction of sanitary dwelling houses for the poorer classes;
15. (q) making contribution towards the construction, establishment or maintenance of education institutions including libraries and museums, hospitals, dispensaries or similar institutions providing public medical relief or engaged in social work or other institutions of a charitable nature;

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

1. (r) the acquisition and maintenance of pasture lands or grazing grounds and the establishment and maintenance of dairy farms and breeding stud;
2. (s) the setting up of dairies or farms for the supply, distribution and processing of milk or milk products for the benefit of the inhabitants of the Municipal area;
3. (t) securing and distribution either free or at reduced price, particularly for the use of expectant and nursing mothers, children and invalids, full-cream or skimmed milk, condensed milk, evaporated milk, milk power and synthetic or soyaben milk;
4. (u) establishing and running lodging and boarding houses;
   • (v) establishing and running eating houses such as refreshment rooms tea shops, sweetmeat shops, restaurants, cafes, canteens, hotels and any such place where food and drinks are served; Explanation.- For the purpose of this clause “drinks” shall n ot include such drinks to which provisions of the Madhya Pradesh* Excise Act, 1915 (II of 1915), or the Madhya Pradesh* Prohibition Act, 1938 (VII of 1938), apply;
5. (w) providing and maintaining public bathing places or swimming pools with sheds, booths and other convenieneces;
   • (x) undertaking any commercial enterprises;
6. (y) constructing and maintaining such roads, buildings and other Government works other than irrigation works, as the State Government may, in accordance with rules made under this Act, transfer to the Council;
7. (z) providing for the maintenancwe and treatment of lunatics and lepers residing within or removal from the Municipal area at an asylum, hospital or house approved by the State Government;
8. (aa) arranging for the removal of lunatics, le[ers and persons needing anti-rabic treatment to an asylum, hospital or house whether within or without the Municipallimits set up for the treatment of such persons;
9. (bb) holding meals and fairs;
10. (cc) establishing ashrams for destitutes, blind, crippled, lame disabled and old persons;
11. (dd) establishing and maintaining veterinary dispensaries;
12. (ee) any public reception, ceremony, entertainment or exhibition within the Municipality at a cost not exceeding such amount as may be prescribed by rules in this behalf: Provided that a resolution in that behalf is passed by the Council at an ordinay meeting;
13. (ff) any matter likely to promote the public health, education, safety and convenienece of the public not otherwise provided for;
14. (gg) establishing and maintaing hospitals and dispensaries;
15. (hh) Establishing and maintaining poor houses; and
    • (ii) urban planning including town planning;
16. (jj) regulation of land use and construction of buildings;
17. (kk) planning for economic and social development;
18. (ll) urban forestry, protection of the environment and promotion of ecological aspects;
19. (mm) safeguarding the interest of weaker sections of society including the handicapped and mentally retarded;
20. (nn) urban poverty alleviation; and
21. (oo) any other matter with the previous approval of the State Government.

(1) The Management control and administration of every public instiution maintained out of Municipal fund shall vest in the Council: The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."। Provided that the management of such public institution shall be regulated by rules framed by the State Government in this behalf. (2) When any public institution has been placed under the direction, management and control of the Council, all property, endowments and funds belonging thereto shall be held by the Council in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed: Provided that nothing in this section shall be held to prevent the vesting of any trust property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890 (VI of 1890) The Madhya Pradesh* Municipalities Act, 1961 *छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।

Provided that the management of such public institution shall be regulated by rules framed by the State Government in this behalf.

1. (2) When any public institution has been placed under the direction, management and control of the Council, all property, endowments and funds belonging thereto shall be held by the Council in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed: Provided that nothing in this section shall be held to prevent the vesting of any trust property

in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890 (VI of

1890)

The Madhya Pradesh* Municipalities Act, 1961

*छ-ग- राजपत्र दिनााँक 24-08-2001 के अदिसूचना क्रमाांक 2458/2001 दिनााँक 30-06--2001 के अनुसार "म-प्र." के स्थान पर "छ.ग."।