section 280
Power of the Government to frame forms and make rules.
The Jammu and Kashmir Municipal Act, 2000Infrastructure2000331 sections
Statutory text
- (1) The Government may frame forms for any proceedings of municipality and may make any rules consistent with this Act to carry out the purposes thereof and in particular and without prejudice to the generality of the foregoing power makes rules––
- (a) with respect to the powers and duties of municipalities ;
- (b) as to the division of municipal area into wards, or of the inhabitants into classes, or both ;
- (c) as to the number of representatives proper for each ward and class ;
- (d) as to the priority to be given to the several duties to the municipality ;
- (e) as to the authority on which money may be paid from the municipal fund ;
- (f) as to the formation and working of municipal fire brigades and the provisions of implements, machinery or means of communicating intelligence for the efficient discharge of their duties by such brigades ;
- (g) as to the conditions on which property may be acquired by the municipality or on which property vested in the municipality may be transferred by sale, mortgage, lease, exchange or otherwise ;
- (h) as to the intermediate office or offices, if any, through which correspondence between municipality or members of municipality or members of municipality and the Government or officers of the Government shall pass ;
- (i) for the preparation of plans and estimates for the works partly or wholly to be constructed at expenses of municipalities, and for the preparation and periodical revision of maps and registers made under section 58 and for the authorities by which and the conditions, subject to which such plans, estimates, maps and registers are to be prepared and sanctioned ;
- (j) for the regulation of contracts with electric supply companies for the supply of electric energy ;
- (k) for the assessment and collection of and for the compounding for ; refunding or limiting refunds of taxes imposed under this Act, and for preventing evasion of the same and for fixing the fees payable for notices of demand ;
- (l) as to the conditions on which a municipality may receive animals or articles into a bounded warehouse and as to the agreements to be signed by traders or others wishing to deposit animals or articles therein ;
- (m) as to the condition on which a municipality may receive animals or articles into a bounded warehouse and as to the manner in which such accounts are to be audited and published, and as to the powers of the auditors in respect of dis-allowance and surcharge ;
- (n) as to the preparation of estimates of income and expenditure of municipalities, and as to the persons by whom, and the conditions subject to which such estimates may be sanctioned ;
- (o) as to the returns, statements and reports to be submitted by municipalities ;
- (p) as to the powers to be exercised by Deputy Commissioners under section 269 and the powers to be exercised by such Local Self Government Directorate as the Government may establish ;
- (q) as to the language in which business shall be transacted, proceedings recorded and notices issued ;
- (r) as to the publication of notices ;
- (s) to regulate the proceedings of persons empowered to accept composition under section 248 for alleged offence ;
- (t) mode of assessment, apportionment of compensation under section 156 amongst, and payment to, the persons entitled thereto ;
- (u) mode of communication of the order under section 156 to the persons affected thereby ;
- (v) the manner in which the compost is to be made ;
- (w) as to the establishment of training institutions for employees of municipalities and course of training for different classes of employees ;
- (x) as to the imposition of fine where owners do not take advantage of any amenities provided by the municipalities, such as electricity, tap water supply, sewerage etc. ;
- (y) as to regulate the charges to be paid to the safai mazdoors engaged in house scavenging ;
- (z) to regulate the re-erection and setting up of substantial boundary marks, defining the limits or altered limits of the area subject to its authority ;
- (za) as to the penalty for cutting streets or removal of obstruction or encumbrances obstructing streets or drains ;
- (zb) as to the exemption to a municipality from liability to any forfeiture, penalty or damages for cutting of the supply of water or not supplying water in cases of drought or other unavoidable cause or accident, etc. ;
- (zc) as to regulate the licensing of markets, forming of markets, collection of rents and fees and removal of such persons who occupy stalls or space in an unauthorised manner ;
- (zd) as to the constitution of committees consisting of official and nonofficial members at Divisional and District headquarters, to examine and discuss the annual accounts and the reports of the municipalities and to suggest remedial measures thereto ;
- (ze) as to the manner in which the seats in the District Planning and Development Board shall be filled in ;
- (zf) as to the functions relating to the District Planning and Development Board ;
- (zg) generally for carrying out the purposes of this Act.
- (2) The rules under sub-section (1) may among other matters provide:––
- (i) for reservation of seats in Municipalities ;
- (ii) for determination of number of elected members in Municipalities.
- (3) The Municipal Account Code at present in operation in the municipalities in the 1[Union territory of Jammu and Kashmir] shall be deemed to have been made in pursuance of the powers conferred upon the Government by sub-section (1) of this section.
- (4) In making rules under clauses (f) and (k) of sub-section (1), the Government may direct that a breach of any provisions thereof shall be punished with a fine which shall not be less than two hundred rupees and more than two thousand rupees.
- (5) All rules made under this Act shall be subject to previous publication.
- (6) A rule under this section may be general for all municipal areas or may be special for the whole or any part of any one or more municipalities as the Government directs.
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