Chapter I PRELIMINARY

1. (1) This Act may be called the Madhya Pradesh* Municipalities Act, 1961.
2. (2) It extends to the whole of Madhya Pradesh.
3. (3) It shall apply to the smaller urban area or a transitional area, as the case may be, from the date on which they are notified as such order Section 5.

1. (1) The Central Provinces and Berar Municipalities Act, 1922 (II of 1922), the Madhya Bharat Municipalities Act, 1954 (I of 1954), the Vidhya Pradesh Municipalities Act, 1946, and the Bhopal State Municipalities Act, 1955 (III of 1956), are hereby repealed.
2. (2) Notwithstanding such repeal -
   • (i) all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area Committees constituted, Committees or Sub-Committees constituted, or appointed, limits defined, appointments, rules, orders, and bye-laws made, notifications and notices issued, taxes imposed or assessed, fees fixed, contracts entered into, suits instituted and proceedings undertaken or any other things done or action taken under the said Acts or any enactment thereby repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed made, issued, imposed or assessed, fixed, centered into, instituted, undertaken, done or taken under this Act;
   • (ii) the Committees, Councils, Boards and Sub-Committees referred to in sub-clause (i) and the Presidents, Vice-Presidents, Presiding Officer by whatever designation known, members and Councillors thereof shall continue to function until the expiry of their respective terms under the repealed Act and Vacancy, Including a causal vacancy, in the office of the President, Vice- President, other Presiding Officer, member or Councillors, or as the case may be, in any of the said bodies, occurring before the expiry of the term of the body concerned, may be filled in the manner provided in such repealed Act and the rules made there under : Provided that ---
   • (a) the State Government may, by a general or special order, determine the term earlier;
   • (b) the term of the Municipal Committees, Municipal Councils and the Municipal Boards shall, notwithstanding the expiration of their terms, be deemed to extend to and expire with, the day immediately preceding the date expire appointment under sub-section (2) of Section 55 for the first meeting of the Councils constituted under the Act for the first time in their respective places;
   • (c) the term of the Notified Area Committees shall, notwithstanding the expiry of their terms, be deemed to extend to, and expire with, the date immediately preceding to the date on which they are reconstituted under clause (d) of sub-section (1) of Section 341;
   • (d) the President, Vice-President or other Presiding Officer, by whatever designation known, of a body referred to in clause (b) and (c) shall, notwithstanding the expiry of his term, continue to carry on the duties of his office until such time as a new President, Vice- President or Presiding Officer, as the case may be, shall have been elected or appointed, and taken over charge of his duties;
   • (e) subject to the provision of clause (a) and (d) above, the term of Councillors or members shall not extend beyond the term of the Committee, Council or the Board, as the case may be, as specified in clause (b) or clause (c);

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. (iii) any action initiated for recovery of taxes under the said Acts or any enactment thereby repealed shall be continued in accordance with the provision thereof;
2. (iv) (a) all employees belonging to or under control of the bodies mentioned in clause (i) immediately before the commencement of this Act shall be deemed to be the employees of the Councils under this Act;

1. (b) the conditions of service including the salary, allowances, gratuity, annuity, pensions and other payments required to be made in accordance with the conditions of service existing in respect of the employees of the said bodies immediately before the commencement of this Act shall be deemed to be their conditions of service including the salary, allowances, gratuity,

annuity, pensions and other payments required to be made in accordance with the conditions of

service under this Act until altered in accordance with the provisions of this Act or the rules made there under. Explanation I. --- For removal or doubt, it is hereby declared that any rules or bye-laws made or anything done under the enactments hereby declared that any rules or bye-laws made or anything done under the enactments hereby repealed shall not be deemed to be inconsistent with the provisions of this Act merely on the ground that the procedure followed in making such rules or bye-laws or doing such thing was different from the prescribed under this Act. Explanation II. -- Where any authority specified by or under the repealed Acts ceases to exist after the commencement of this Act, the powers exercisable by such authority under the repealed Acts shall, for the purpose of this Act, be exercisable by such authority as the State Government may, by notification, specify in this behalf and the cases pending before the first mentioned authorities shall, on such notification, stand transferred to the authorities mentioned in such notification and be disposed of in accordance with the provisions of the repealed Acts.

In this Act unless the context otherwise requires :-

1. (1) "assessment list" means any municipal assessment register prepared and maintained in accordance with the provision of this Act or rules made there under and includes any register subsidiary thereto;
2. (2) "building" includes a hut, shed or other enclosure whether used as a human dwelling or otherwise , and shall includes wells, walls, verandahs, fixed platforms, plinths, doorsteps and the like but shall not include a tent or a temporary shed erected on ceremonial or festival occasions;
3. (3) "building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed;
4. (4) "bye-law" means a bye-law made in exercise of a power conferred by this Act;
5. (5) “Chief Municipal Officer” means the Chief Municipal Officer for the Municipal Council

appointed under Section 87 or 89 and includes any municipal officer empowered under

this Act to exercise, perform or discharge any of the powers, duties or functions of the Chief Municipal Officer to the extent to which such officer is so empowered; (5-a) "Committee" means a Committee constituted under this Act;

1. (6) "Corrupt practice" means any of the practices specified in Section 28;
2. (7) "Councillor" means any person who is legally a member of a Council;
3. (8) "Council" means Municipal Council or Nagar Panchayat constituted by or under this Act.
4. (9) "Conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

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."।

(10)"drain" includes a sewer, tunnel, pipe, ditch, gutter, or channel, and any cistern, flush, tank, septic tank, or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waster water, rain-water or subsoil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed-air, mains, sealed sewage, mains and special machinery or apparatus for raising, collecting, expelling or removing sewage of offensive matter from any place; (10-a) "district" means a district as constructed in the Madhya Pradesh* Land Revenue Code, 1959. (11)"erect or re-erect any building" includes --

1. (i) any material alteration or enlargement of any building;
2. (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;
3. (iii) the conversion of one or more places of human habitation into a greater number of such places;
4. (iv) the conversion of two or more places of human habitation into a lesser number of such places;
5. (v) such alteration of building as effect a change in its drainage or sanitary arrangements or materially affect its security; and
6. (vi) the addition of any rooms, buildings, out-houses or other structure to any buildings; (11-a) the expression "essential service" means the service in connection with the municipal fire brigade, the municipal air compressor, the pumping station, drainage, conservancy or water supply of the Municipality and any such other services as may be notified by the State Government and the expression "essential municipal officer or servant" means every person employed in the essential services; (12)"explosive" and "petroleum" shall have the meanings assigned to them in the Indian Explosive Act, 1884 (IV of 1884), and the Petroleum Act, 1934 (XXX of 1934), respectively; (13)"food" means any article used as food or drink for human consumption other than drugs and water and includes -----

1. (a) any article which ordinarily enters into or is used in the composition or preparation of human food; and
2. (b) any flavoring matter or condiments; (13-a) "goods" means any material, commodity or article, and includes animals, electricity and electro-magnetic waves or signals transmitted through wires or wireless device; (14)"house gully" means a passages or strip of land constructed, set apart or util fised for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter there from; (15)"inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property in any municipality or in any local area which the State Government has, by notification, proposed to declare to be a municipality ; (16)"land" includes benefits arising out of land, houses and things attached to the earth, or permanently fastened to anything attached to the earth and also land which is being built upon or is built upon or covered with water; (17)"market" or bazar" means ---

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. (a) a place where person assemble for the sale of meat, fish, fruit, vegetables, live-stock, or any other articles of food of a perishable nature, whether or not there is any collection of shops, warehouses or stalls for the sale of other articles in such place; or
2. (b) any place of trade other than a place referred to in sub-clause (a) where there is a collection of shops, warehouses or stalls, and shall include any "Hat" or place, where trade or business is carried on either weekly or bi- weekly or on certain fixed days of the week; (18)"Municipality" means a Municipal Council or a Nagar Panchayat constituted under Section 5 of this Act. (18-a) "Municipal area" means the smaller urban area or the transitional area, as the Governor may, by public notification, specify, in accordance with the provisions laid down in Section 5 of this Act.

1. (19) "municipal drain" means a drain vested in a Council; (20)"municipal market" means a market vested in or managed by a Council; (21)"municipal slaughter-houses" means a slaughter house vested in or managed by a Council; (22)"nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep of the community or which is or may be dangerous to life or injurious to the health or property or offends against public morality; (23)" occupier" means any person in actual possession of any land or building and includes an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable to pay rent or not; (24)"owner" when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose or as a receiver who would receive such rent if the land, building or part thereof were let to a tenant; (25)"offensive matter" includes animal carcasses, dung, dirt, or putrid or putrifying substances and filth of any kind which is not included in "sewage" as defined in this section; (25-a) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published. (26)"prescribed authority" means an authority which the State Government may, by notification, generally or with respect to any provision of this Act, declare to be a prescribed authority; (27)"public place" means a space, not being private property which is open to the use or enjoyment of the public whether such space is vested in the Council or not; (28)"public street" means any street ---
   • (a) over which the public have right of way, or
   • (b) which has been heretofore levelled, paved, metalled, asphalted, channelled, sewered or repaired out of municipal or other public funds; or
   • (c) which under the provisions of this Act becomes a public street, and includes -----
     • (i) the roadway over any public bridge or causeway;
     • (ii) the footway attached to any such street;

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. (iii) public bridge or causeway, and the drains attached to any such street, public bridge or causeway (29)"private street" means a street which is not a "public street" (30)"privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptable therin for human excreta and the fitting and apparatus, if any, connected therewith, and including a closet of the dry type, an aqua privy, a latrine and urinal; (31)"rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse or refuse of any kind which is not "offensive matter" or sewage" as defined in this section; (32)"regular line of the street" means the line dividing the land comprised in and forming part of street from the adjoining land and includes any proposed alignment; (33)"sewage" means night-soil and other contents of water-closets, latrines, privies, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and other like places and includes trade effluents and discharge from manufactories of all kinds; (34)"sewer" includes a drain, a house drain or a drain of any other description and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water, or sub-soil water; (35)"slaughter house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs; (35-a) "State Election Commission" means the State Election Commission constituted under Article 243-K of the Constitution. (35-b) "Social Audit" means the review of the impact of policies, programmes, schemes and procedure adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area; (36)"street" means any road, footway, square, Court, alley or passage, accessible, whether permanently or temporarily to the public whether a thoroughfare or not. and shall include every vacant space, notwithstanding that it may be private property and partly

or wholly obstructed by any gate, post, chain or other barrier, if houses shops or other building

about thereon, and if it is used by any persons as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include any part of such space which the occupier of any such building has a right at all hours to prevent all other persons from using as aforesaid, and shall include also the drains on either side and the land whether covered or not by any pavement, verandah or other erection, which lies on either side if the roadway up to the boundaries of the adjacent property, whether that property be private property or property reserved by the State Government or by the Council for any purpose other than a street; (37)"tax" includes any toll, rate, cess, fee or other impost leviable or levied under this Act. (38)"vehicle" includes a bicycle, tricycle, motor car and every wheeled conveyance which is used or capable of being used in a public street;

1. (39) Omitted.

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."।