The Jammu and Kashmir Municipal Corporation Act, 2000

The Jammu and Kashmir Municipal Corporation Act, 2000

Infrastructure2000446 sections

The Jammu and Kashmir Municipal Corporation Act, 2000, establishes the framework for governing major urban areas in the union territory, excluding military cantonment zones. It regulates the constitution, elections, administration, and boundaries of municipal corporations like Jammu and Srinagar. Applying to urban residents, developers, and local government authorities, this legislation matters because it transfers key municipal power directly to democratically elected local council representatives. By empowering these bodies to manage public sanitation, land zoning, local taxation, and utility development, the law ensures that cities are run efficiently and citizens receive critical daily services through responsive and accountable local government channels.

  1. 1. Short title, extent and commencement.
  2. 2. Definitions.
  3. 3. Declaration of Municipal area as Corporation.
  4. 4. Incorporation and constitution of Corporation.
  5. 5. Duration of the Corporation.
  6. 6. Delimitation of wards.
  7. 7. Qualifications for Councillors.
  8. 8. Disqualification of Councillor
  9. 9. Election to the Corporation
  10. 10. Reservation of seats.
  11. 10-A. Reservation of seats for certain categories.
  12. 11. Right to Vote.
  13. 12. Filling of casual vacancies.
  14. 13. Publication of results of elections.
  15. 14. Election petition.
  16. 15. Relief that may be claimed by the petitioner.
  17. 16. Grounds for declaring election to be void.
  18. 17. Procedure to be followed by the prescribed authority.
  19. 18. Decision of prescribed authority.
  20. 19. Procedure in case of equality of votes.
  21. 20. Finality of decision.
  22. 21. Corrupt practices
  23. 22. Maintenance of secrecy of voting.
  24. 23. Officers etc. at elections not to act for candidates or to influence voting.
  25. 24. Prohibition of canvassing in or near polling station and of public meeting on election day.
  26. 25. Penalty for disorderly conduct in or near polling station.
  27. 26. Penalty for misconduct at the polling station.
  28. 27. Breaches of official duty in connection with election.
  29. 28. Removal of ballot papers from Polling Station to be an offence
  30. 29. Offence of booth capturing.
  31. 30. Other offence and penalties
  32. 31. Power to make rules regulating the election of Councillors.
  33. 32. Bar to interference by Courts in electoral matters.
  34. 33. Oath of affirmation by Councillor.
  35. 34. Removal of or resignation by Councillors.
  36. 34-A. Disqualification on ground of defection.
  37. 34-B. Disqualification on ground of defection not to apply in case of merger.
  38. 34-BB. Disqualification on the ground of defection not to apply in case of split
  39. 34-C. Decision on question as to disqualification on ground of defection
  40. 34-D. Appeals.
  41. 34-E. Bar of Jurisdiction.
  42. 35. Payment of allowances to Councillors.
  43. 36. Annual election of Mayor, Deputy Mayor and their term of office.
  44. 37. Motion of No-confidence against Mayor or Deputy Mayor
  45. 38. Discharge of functions of the Mayor by Deputy Mayor.
  46. 39. Resignation of Mayor and Deputy Mayor
  47. 39-A. Constitution of Ward Committees
  48. 39-B. Constitution of Area Sabha.
  49. 40. Standing Committees.
  50. 41. General Powers of Corporations.
  51. 42. Functions of Corporations to be entrusted by Government.
  52. 43. Obligatory functions of the Corporation.
  53. 44. Discretionary functions of the Corporation.
  54. 45. Appointment of Commissioner.
  55. 46. Appointment of Joint/Assistant Commissioner and certain other officers.
  56. 47. Salary and allowances of Commissioners.
  57. 48. Leave etc. to Commissioner.
  58. 49. Contribution by Corporation.
  59. 50. Function of the Commissioner.
  60. 51. Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc.
  61. 52. Exercise of power to be subject to sanction.
  62. 53. Meetings
  63. 54. First Meeting of the Corporation after general elections for election of Mayor
  64. 55. Notice of Meetings and business.
  65. 56. Quorum.
  66. 57. Presiding Officer.
  67. 58. Method of deciding question.
  68. 59. Maintenance of order at and admission of public to meetings.
  69. 60. Councillor not to vote on matter in which he is interested.
  70. 61. Right to attend meetings of Corporation and its Committees etc. and right of Councillor to ask the questions.
  71. 62. Power to make regulations.
  72. 63. Keeping of minutes and proceedings.
  73. 64. Circulation of minutes and inspection of minutes and reports of proceedings.
  74. 65. Forwarding minutes and reports of proceedings to Government.
  75. 66. Validation of proceedings etc.
  76. 67. Validation of proceedings etc.
  77. 67-A. Staff
  78. 68. Officers and other employees not to be interested in any contract etc. with Corporation
  79. 69. Constitution of Corporation Fund.
  80. 69-A. Constitution of Basic Services Fund
  81. 70. Corporation Fund to be kept in Jammu and Kashmir Bank or in a Scheduled Bank in a Government Treasury.
  82. 71. Operation of accounts with banks
  83. 72. Payment not to be made unless covered by a budget grant.
  84. 73. Duty of persons signing Cheques.
  85. 74. Procedure when money not covered by a budget grant is expended.
  86. 75. Application of Corporation Fund.
  87. 76. Payments from Corporation Fund for works urgently required for public service.
  88. 77. Investment of surplus money
  89. 78. Constitution of special funds.
  90. 79. Finance Commission.
  91. 80. Budget Estimates.
  92. 81. Power of Corporation to alter budget estimates.
  93. 82. Power of Corporation to readjust income and expenditure during the year.
  94. 83. Provisions as to unexpended budget grant.
  95. 83-A. Reservation of land for housing to economically weaker sections and low income groups.
  96. 83-B. Identification of eligible persons and determination of cost of land or houses.
  97. 83-C. Incentives to developers.
  98. 83-D. Non-residential development
  99. 83-E. Utilization of shelter fee.
  100. 84. Taxes, etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government.
  101. 85. Fees that may be charged by the Corporation.
  102. 86. Description and class of property tax.
  103. 87. Omitted.
  104. 88. Determination of taxable annual value.
  105. 89. Taxation of Union properties.
  106. 90. Incidence of taxes on lands and buildings.
  107. 91. Omitted.
  108. 92. Omitted.
  109. 93. Omitted.
  110. 94. Omitted.
  111. 95. Evidentiary value of assessment list and unit area value.
  112. 96. Omitted.
  113. 97. Omitted.
  114. 98. Notice of transfers.
  115. 99. Notice of erection of building etc.
  116. 100. Notice of demolition or removal of building.
  117. 101. Power of Commissioner to call for information.
  118. 102. Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property.
  119. 103. Assessment in case of amalga-mation of premises.
  120. 104. Power of Commissioner to assess separately out houses and portion of building.
  121. 105. Powers of Commissioner to employ valuers.
  122. 106. Recovery of tolls or taxes.
  123. 107. Tax on vehicles and animals.
  124. 108. Tax on whom leviable.
  125. 109. Exemption from taxes on vehicles and animals.
  126. 110. Levy of development tax.
  127. 111. Amount of development tax.
  128. 112. Payment of development tax.
  129. 113. Notice on completion of scheme.
  130. 114. Assessment of development tax.
  131. 115. Tax on advertisements.
  132. 116. Prohibition of advertisement without written permission of Commissioner.
  133. 117. Permission of Commissioner to become void in certain cases.
  134. 118. Presumption in case of contravention.
  135. 119. Power of Commissioner in case of contravention.
  136. 120. Fee on building applications.
  137. 121. Time and manner of payment of taxes or fees.
  138. 122. Presentation of bill of tax or fee.
  139. 123. Consequences of the failure to pay tax or fee within thirty days
  140. 124. Manner of recovering tax or fee.
  141. 125. Power of seizure of vehicles and animals in case of non-payment of tax thereon
  142. 126. Demolition etc. of building
  143. 127. Omitted
  144. 128. Omitted
  145. 129. Omitted
  146. 130. Omitted
  147. 131. Omitted
  148. 132. Appeal.
  149. 133. Limitation for appeal.
  150. 134. Finality of appellate orders
  151. 135. Taxation not to be questioned except under this Act.
  152. 136. Power to inspect for the purposes of determining the taxable annual value of tax or fee.
  153. 137. Composition.
  154. 138. Irrecoverable debts.
  155. 139. Obligation to disclose liability.
  156. 140. Power to amend list in certain cases
  157. 141. lmmaterial error not to affect liability.
  158. 142. Powers of exemption.
  159. 143. Powers of Government in regard to taxes.
  160. 143-A. Powers of Government to make interim arrangements with regard to assessment and collection of taxes and fees.
  161. 144. Power of Corporation to borrow.
  162. 145. Time for repayment of money borrowed under section 144.
  163. 146. Form and effect of debentures
  164. 147. Receipt by joint holders for the interest or dividend.
  165. 148. Maintenance and investment of sinking fund.
  166. 149. Application of sinking funds.
  167. 150. Annual statement by Commissioner.
  168. 151. Priority of payment for interest and repayment of loans over other payment
  169. 152. Attachment of Corporation Fund for recovery of money borrowed from the Government.
  170. 153. Power to make regulations.
  171. 154. Property vested in Corporation and management of public institutions
  172. 155. Acquisition of immovable property by agreement.
  173. 156. Procedure when immovable property cannot be acquired by agreement
  174. 157. Disposal of property.
  175. 158. Contracts by Corporation.
  176. 159. Procedure for making contracts.
  177. 160. Mode of executing contracts.
  178. 161. Maintenance of Accounts.
  179. 162. Report by Audit agency.
  180. 163. Action by Commissioner on the Report.
  181. 164. Procedure to be followed by audit agency.
  182. 165. Power of auditor to make queries etc. and call for returns.
  183. 166. Definitions.
  184. 167. Power to require Corporation to carry out surveys and formulate proposals.
  185. 168. Power to construct additional works.
  186. 169. Functions in relation to water supply.
  187. 170. Supply of water to connected premises.
  188. 171. Power to supply water for non-domestic purposes
  189. 172. Making connection with municipal water works.
  190. 173. Obligation of owner or occupier to give notice of waste of water.
  191. 174. Cutting of supply to premises.
  192. 175. New premises not to be occupied without arrangement for water supply.
  193. 176. Public gratuitous water supply.
  194. 177. Power to lay mains.
  195. 178. Power to lay service pipes etc.
  196. 179. Provision of fire hydrants.
  197. 180. Power to enter premises to detect waste or misuse of water
  198. 181. Power to test water fittings.
  199. 182. Power to close or restrict use of water from polluted source of supply.
  200. 183. Water pipes not to be placed where water will be polluted.
  201. 184. Joint and several liability of owners and occupiers for offence in relation to water supply.
  202. 185. Public drains etc. to vest in Corporation.
  203. 186. Control of drains and sewage disposal works.
  204. 187. Certain matters not to be passed into municipal drains.
  205. 188. Application by owners and occupiers to drain into municipal drain.
  206. 189. Drainage of undrained premises.
  207. 190. New premises not to be erected without drainage.
  208. 191. Power to drain group or block of premises by combined operations
  209. 192. Power of Commissioner to close or limit the use of private drain in certain cases.
  210. 193. Use of drain by a person other than owner.
  211. 194. Sewage and rain water drains to be distinct.
  212. 195. Powers of Commissioner to require owner to carry out certain works for satisfactory drainage.
  213. 196. Appointment of places for the emptying of drains and disposal of sewage.
  214. 197. Connection with water works and drains not to be made without permission.
  215. 198. Buildings and private streets not to be erected or constructed over drains or water works without permission.
  216. 199. Right of user of property for aqueducts, lines etc.
  217. 200. Power of owner of premises to place pipes and drains through land belonging to other persons.
  218. 201. Power of owner of premises to place pipes and drains through land belonging to other persons.
  219. 202. Power of Commissioner to execute work after giving notice to the person liable to do so.
  220. 203. Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool.
  221. 204. Power of Commissioner to examine and test drain etc. believed to be defective.
  222. 205. Employment of Government agencies for repairs etc.
  223. 206. Work to be done by licensed plumber.
  224. 207. Prohibition of certain acts.
  225. 208. Vesting of public streets in Corporation.
  226. 209. Functions of Commissioner in respect of public streets.
  227. 210. Disposal of land forming site of public streets permanently.
  228. 211. Power to make new public streets.
  229. 212. Minimum width of new public streets.
  230. 213. Power to prohibit use of public streets for certain kinds of traffic
  231. 214. Power to acquire land and buildings for public streets and for public parking places.
  232. 215. Defining regular lines of streets.
  233. 216. Setting back building to regular line of streets.
  234. 217. Compulsory setting back of building to regular line of streets.
  235. 218. Acquisition of open land and land occupied by platforms etc. within a regular line of streets.
  236. 219. Acquisition of remaining part of building and land after their portions within regular line of streets have been acquired.
  237. 220. Setting forward of building to regular line of street
  238. 221. Compensation to be paid in certain cases of setting back or setting forward of buildings etc.
  239. 222. Owner’s obligation when dealing with land or building sites.
  240. 223. Layout plans.
  241. 224. Alteration or demolition of street made in breach of section 223.
  242. 225. Power of Commissioner to order work to be carried out or to carry it out himself in default.
  243. 226. Declaration of public streets.
  244. 227. Prohibition of projection upon street etc.
  245. 228. Projection over streets may be permitted in certain cases.
  246. 229. Ground floor door etc. not to open outwards on streets.
  247. 230. Prohibition of structures, fixtures or deposit of things in streets.
  248. 231. Special provision regarding streets belonging to Government.
  249. 232. Power to remove anything deposited or exposed for sale in contravention of this Act.
  250. 233. Prohibition of tethering of animals and milking of cattle.
  251. 234. Precautions during repairs of streets
  252. 235. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
  253. 236. Disposal of things removed under this chapter.
  254. 237. Naming and numbering to streets.
  255. 238. Commissioner to take steps for repairing or enclosing places
  256. 239. Measures for lighting.
  257. 240. Prohibition of removal, etc. of lamps.
  258. 241. Definitions.
  259. 242. Prohibition of erection of building without sanction.
  260. 243. Erection of building.
  261. 244. Applications for additions to, or repairs of building.
  262. 245. Condition of valid notice.
  263. 246. Sanction or refusal of building or work.
  264. 247. When building or work may be proceeded with.
  265. 248. Sanction accorded under misrepresentation.
  266. 249. Building at corners of street.
  267. 250. Provisions as to buildings and works on either side of new streets.
  268. 251. Period for completion of building or work.
  269. 252. Prohibition against the inflammable materials for buildings etc. without permission.
  270. 253. Order of demolition and stoppage of building and works in certain cases and appeal
  271. 254. Order of stoppage of building or works in certain cases.
  272. 255. Power of the Government to give direction for compounding deviations from sanctioned plan.
  273. 256. Power of Commissioner to require alteration of work.
  274. 257. Completion certificate.
  275. 258. Restrictions on use of buildings and removal of dangerous buildings.
  276. 259. Power to order building to be vacated in certain circumstances.
  277. 260. Building Scheme.
  278. 261. Provision for daily cleansing of streets and removal of rubbish and filth
  279. 262. Rubbish etc. to be property of Corporation.
  280. 263. Provision for placement of receptacles, depots and places for rubbish etc.
  281. 264. Duty of owners and occupiers to collect and deposit rubbish etc.
  282. 265. Removal of rubbish etc. accumulated on premises used as factories, workshops, etc.
  283. 266. Prohibition against accumulation of rubbish etc.
  284. 267. Commissioner's power to get premises scavenged and cleansed.
  285. 268. Public latrines, urinals, etc.
  286. 269. Construction of latrines and urinals.
  287. 270. Latrines and urinals etc. in new buildings
  288. 271. Latrines and urinals for labourers etc.
  289. 272. Provision of latrines and urinals for markets etc.
  290. 273. Other provisions as to private latrines.
  291. 274. Removal of congested building.
  292. 275. Power of Commissioner to require improvement of buildings unfit for human habitation.
  293. 276. Enforcement of notice requiring execution of works of improvement.
  294. 277. Power of Commissioner to order demolition of buildings unfit for human habitation.
  295. 278. Insanitary huts and sheds
  296. 279. Prohibition against washing by washerman.
  297. 280. Obligation to give information of dangerous disease.
  298. 281. Removal of patient to hospital suffering from dangerous disease.
  299. 282. Disinfections of buildings and articles.
  300. 283. Destruction of infectious huts or sheds.
  301. 284. Means of disinfection
  302. 285. Special measures in case of out-break of dangerous or epidemic disease
  303. 286. Infected clothes not to be sent to washerman or to laundry.
  304. 287. Contamination and disinfection of public conveyances
  305. 288. Driver of conveyance not bound to carry persons suffering from dangerous diseases.
  306. 289. Disinfection of buildings before letting the same.
  307. 290. Disposal of infected articles without disinfection.
  308. 291. Prohibition of making or selling of food, etc. or washing of clothes by infected persons
  309. 292. Power to restrict or prohibit sale of food or drink.
  310. 293. Control over wells and tanks etc.
  311. 294. Duty of persons suffering from dangerous diseases
  312. 295. Disposal of infectious corpse, where any person has died from any dangerous disease
  313. 296. Conditions of service of Safai Karamcharies and certain other classes of persons employed in Corporation services.
  314. 297. Power to call for information regarding burning and burial ground.
  315. 298. Permission for use of new burning or burial ground.
  316. 299. Power to require closing of burning and burial grounds.
  317. 300. Removal of corpses.
  318. 301. Disposal of dead animals.
  319. 302. Prohibition of nuisances
  320. 303. Power of Commissioner to require removal or abatement of nuisance.
  321. 304. Registration and control of dogs.
  322. 305. Stacking or collecting inflammable materials.
  323. 306. Care of naked lights
  324. 307. Discharging fire works, fire arms etc.
  325. 308. Power to require buildings, wells etc. to be rendered safe.
  326. 309. Enclosure of waste land used for improper purposes
  327. 310. Establishment and maintenance of fire brigade.
  328. 311. Power of members of fire-brigades and other persons for suppression of fire
  329. 312. Limitation on operation of this Chapter.
  330. 313. Provision of municipal markets and slaughter houses.
  331. 314. Use of municipal markets.
  332. 315. Private markets and slaughter houses
  333. 316. Conditions of grant of license for private market.
  334. 317. Prohibition of keeping markets open without licence etc.
  335. 318. Prohibition on use of unlicensed markets
  336. 319. Prohibition of business and trade.
  337. 320. Levy of stallages, rent and fees.
  338. 321. Stallages, rent etc. to be published.
  339. 322. Butcher's, fishmonger's and poulterer's licence
  340. 323. Factory etc. not to be established without permission of the Commissioner.
  341. 324. Premises not to be used for certain purposes without licence.
  342. 325. Seizure of certain animals.
  343. 326. Power of the Commissioner to prevent use of premises in particular area for the purposes referred in section 324.
  344. 327. Licence for hawking articles etc.
  345. 328. Eating houses etc. not to be used without license from Commissioner.
  346. 329. Licensing and control of theatre, circuses and places of public amusement.
  347. 330. Power of Commissioner to stop use of premises used in contravention of licences.
  348. 331. Power of Commissioner to inspect places where unlawful slaughter of animals etc. is suspected.
  349. 332. Improvement scheme.
  350. 333. Matters to be provided for in an improvement scheme
  351. 334. Submission of improvement scheme to the Corporation for approval and to the Government for sanction.
  352. 335. Publication of the notice after scheme is sanctioned.
  353. 336. Rehousing Scheme.
  354. 337. Improvement scheme and Rehousing scheme to comply with master plan and zonal development plan.
  355. 338. Provision of housing accommodation for the economically weaker sections.
  356. 339. Prohibiting felling, cutting, damaging, destroying any tree in any urban area.
  357. 340. Constitution of Tree Authority.
  358. 341. Meeting of Tree Authority.
  359. 342. Duties of Tree Authority.
  360. 343. Appointment of Tree Officer
  361. 344. Application for permission for cutting, felling or removal of a tree
  362. 345. Permission for felling of tree.
  363. 346. Planting of adequate number of trees
  364. 347. Planting in place of fallen/destroyed trees.
  365. 348. Responsibilities for preservation of trees.
  366. 349. The recovery of expenditure on failure to comply with orders for planting of trees.
  367. 350. Appeals.
  368. 351. Seizure.
  369. 352. Penalty.
  370. 353. Compounding of offences
  371. 354. Operation of other laws not barred.
  372. 355. Power to make rules
  373. 356. Signature, conditions, duration, suspension, revocation, etc. of licences and written permissions.
  374. 357. Power of entry and inspection.
  375. 358. Power to enter land, adjoining land in relation to any work.
  376. 359. Breaking into building.
  377. 360. Time of making entry.
  378. 361. Consent ordinarily to be obtained.
  379. 362. Regard to be had to social or religious usages
  380. 363. Prohibition of obstruction or molestation in execution of work.
  381. 364. Public notice how to be made known.
  382. 365. Newspaper in which advertisement of notices to be published
  383. 366. Proof of content etc. of Commissioner etc.
  384. 367. Notices etc. to fix reasonable time.
  385. 368. Signature on notices etc. may be stamped.
  386. 369. Notice etc. by whom to be served or issued.
  387. 370. Service of notices, etc.
  388. 371. Power in case of non-compliance with notice, etc.
  389. 372. Liability of occupier to pay in default of owner.
  390. 373. Execution of work by occupier in default of owner and deduction of expenses from rent.
  391. 374. Relief to agents and trustees
  392. 375. General power to pay compensation.
  393. 376. Compensation to be paid by offenders for damage caused by them
  394. 377. Mode of receiving certain dues.
  395. 378. Right of owner to apply to Court of the District Judge in case of obstruction by occupier.
  396. 379. General powers and procedure of the Court of District Judge.
  397. 380. Fees in proceeding before the Court of District Judge.
  398. 381. Repayment of half fee on settlement before hearing.
  399. 382. Power of the Court of District Judge to delegate certain powers and to make rules.
  400. 383. Punishment for certain offences
  401. 383-A. Eviction of unauthorised occupants.
  402. 384. General Penalty.
  403. 385. Offences by Companies.
  404. 386. Police establishment.
  405. 387. Arrest of offenders.
  406. 388. Powers to initiate legal proceedings etc. and obtain legal advice
  407. 389. Prosecution.
  408. 390. Composition of offences.
  409. 391. Protection of action taken in good faith etc.
  410. 392. Notice to be given of suits.
  411. 393. Supplemental provision respecting rules.
  412. 394. Supplemental provisions respecting regulations
  413. 395. Powers to make bye-laws.
  414. 396. Penalty for breaches of bye-laws.
  415. 397. Supplemental provisions respecting bye-laws.
  416. 398. Bye-laws to be available for inspection and purchase.
  417. 399. Power of Government to require production of documents.
  418. 400. Inspection.
  419. 401. Powers to give directions
  420. 402. Powers to provide for enforcement of direction under section 398
  421. 403. Power of revision.
  422. 404. Dissolution of Corporation.
  423. 405. Delegation.
  424. 406. Validity of notices and other documents.
  425. 407. Admissibility of document or entry as evidence.
  426. 408. Evidence of Corporation officer or employee.
  427. 409. Prohibition against obstruction of Mayor or any Corporation authority
  428. 410. Prohibition against removal of mark.
  429. 411. Prohibition against removal or obliteration of notice.
  430. 412. Prohibition against unauthorised removal of deposit, etc
  431. 413. Liability of Councillors.
  432. 414. Councillors and Corporation officers and employees to be public servants.
  433. 415. Annual Administration Report
  434. 416. Construction of reference
  435. 417. Special provisions as to rural areas.
  436. 418. Power to suspend any resolution or order of the Corporation
  437. 419. Power of Government to modify proceedings.
  438. 420. Power of Government to withdraw any area of Municipal area from operation of Act.
  439. 421. District Planning Committee.
  440. 422. Transitional provisions.
  441. 423. Provisions regarding officers and employees.
  442. 424. Assets, liabilities, debts, obligations, contracts and pending proceedings.
  443. 425. Provision for municipality or local authority which is superseded.
  444. 426. Power to enquire and make report about misconduct of certain officer or official
  445. 427. Power to remove difficulties
  446. 428. Repeal of Act No. VIII, Samvat 2008.

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