The Jammu and Kashmir Town Area Act, 1954

Constitution of Town Area and Town Area Committee and the Appointment of Servants

Declaration and defining limits of a town area.-(l) The Government may, by notification in the Government Gazette,-

1. (a) declare any town, village, suburb, bazar or inhabited place to be a town area for the purposes of this Act an& may unite, for the p of declaring the ,area constituted by such union .to be a town area, the whole or portion 'of any town, village, subtrb, lmmar or inhabited place with the whole or portion

Constitution of Town Area Committee.-When a local area, is declared to be a Town Area, there shall be for each town area a Committee consisting of-

1. (a) a Chairman elected by the members: Provided that the Government shall have power to nominate the Chairman for a period not exceeding six months;
2. (b) such number of members not being less than five or more than fifteen as in the case of each town area shall be prescribed by the Government in the declaration of town areas;
3. (c) Omitted.

1. (2) Notwithstanding anything contained in any Act, the Government may nominate not more than two persons having special knowledge or practical experience in respect of Local Self Government affairs to attend any meeting of a Committee and take part in its discussions and though not entitled to vote shall be treated as members in all respects.
2. (4) The election to a Town Area Committee shall be held on the basis of adult suffrage and joint electorate system as prescribed by rules.

Term of office of members of a Committee.-(1) Subject to the provisions of this Act, the term of office of a member shall be four years and shall commence from the date of the election or when the vacancy occurs: Provided that the term of office of a member chosen to fill a casual vacancy shall be the residue of the term of office of the member: Provided also that for urban local bodies defined by the Government, the term of office of such Committee shall be five years.

1. (2) If a member wishes to resign, he shall forward his resignation in writing to the Government through the Chairman and shall be deemed to have vacated his office from the date of receipt by the Committee of the information that his resignation has been accepted by the Government.

Removal of members.-(1) The Government may, if after affording the member an opportunity to make an explanation, a member, in its opinion, has so abused his position as a member as to render his continuance detrimental to the interest of the Committee or who is guilty of misconduct in the discharge of his duties as such member.

1. (2) A member removed under this section shall not be eligible for further election for a period of three years from the date of his removal: Provided that the members so removed shall be entitled to take the matter to the Government within one month from the date of communication of the removal order to him for review of the order of his removal and the Government may, if there is a sufficient cause, review its order.

Notification of election of a Chairman, Vice-Chairman or a Member.-The election of a Chairman, Vice-Chairman or a Member and every member shall be notified by the Government in the Government Gazette and no member shall enter upon his duties until his election has been so notified.

A. Qualification for seat.-A person shall not be qualified to be chosen to fill a seat unless he makes and subscribes before the Returning Officer at the time of nomination papers, in the following manner:

1. (l) A person shall not be qualified to be a member of a Committee on a seat to be filled by appointment unless before entering upon his duties he makes and subscribes before some person authorised by the Government an oath or affirmation in the following form: 'I, A. B., having been nominated as a candidate to fill a seat in the Town Area Committee of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of the State as by law established and that I will uphold sovereignty and integrity of India.' ; 'I, A. B., having been chosen to fill a seat in the Town Area Committee of do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of the State as by law established and that I will uphold sovereignty and integrity of India.' ;

Incorporation of the Committee.-Every Committee shall be a body corporate by the name of the Town Area Committee of the town specified by reference, to which the town area is constituted and shall have perpetual succession and common seal, with power to acquire and hold property, both movable and immovable, and subject to the provisions of this Act or any rules made thereunder, to transfer any property held by it and to contract and do all other things necessary for the purposes of its constitution and may sue and be sued in its corporate name.

Disqualifications for membership.-A person shall be disqualified for being chasen as, or for being a member of a Committee,-

1. (a) if he is under 325) years of age ;
2. (b) if he has been adjudger by a competent Court to be of unsound mind ;
3. (c) if he is an undischarged insolvent or being a discharged insolvent has not obtained from a competent Court a certificate that his insolvency was caused by misfortune without any misconduct on his part :
4. (d) if he is a person who has been convicted of and sentenced for an offence (other than an offence of a political nature) punishable with imprisonment for not less than two years, unless a period of 5 years or such less period as the [Government] may allow in any particular case, has elapsed since his release : provided that this clause shall not apply to an offender who has been released under the provisions of section 562 of the Code of Criminal Procedure, 1989 ;
5. (e) if he is in arrears in the payment of any dues to the town area ;
6. (f) if he is a mute or leper :
7. (g) if he holds an office of profit under the Jammu and Kashmir Government or Government of India or of any other State in India or is a salaried employee in any Municipal or local-body in the State :
8. (h) if he has directly or indirectly any share or interest in any contract with, by or on behalf of the Committee while owning such share or interest : [(i) if he is not a permanent resident of the State :] [(j) if he has been convicted of an offence under the Protection of Civil Rights Act, 1955 :

Election and term of office of Chairman Election and term of office of Chairman.-(1) The Chairman of a Committee declared to be a Town Area under clause

1. (a) of sub-section

1. (1) of section 3 shall be elected by the Committee at its first meeting from amongst its members for a term of four years or the residue of the term of the Committee, whichever is less.
2. (2) Every Town Area Committee shall elect a Vice-Chairman from amongst its members and such Vice-Chairman shall, in the absence of the Chairman discharge all the duties of the Chairman.
3. (3) An outgoing Chairman or Vice-chairman, if otherwise qualified, shall be eligible for reelection.
4. (4) Whenever a vacancy in the office of Chairman or Vice-Chairman occurs by death, resignation or otherwise, a Chairman or Vice-Chairman, as the case may be, shall be elected in the same manner.
5. (5) The term of office of Vice-Chairman shall be four years, or the residue of his term of office as member, whichever is less. [(6) Whenever-
   • (i) an elected Chairman or Vice-Chairman voluntarily submits in writing his resignation of his office to the Director of Local Bodies, he shall vacate his office only when a notification is issued by the Government in this behalf ;
   • (ii) two-thirds of the members serving in the Committee pass a vote of no-confidence against him the Government may remove him from office after issuing such further orders as it may deem fit. Explanation.--It will not be valid ground for moving a motion of no-confidence against any Chairman or Vice-Chairman against whom a vote of no-confidence is passed, that the meeting of the Committee was not convened by him.]
6. (7) Any elected Chairman or Vice-Chairman may be removed by the Government on the ground of abuse of his powers or his failure to perform his duties, after affording him an opportunity to make a representation and the Government may, if there is a sufficient cause, review its order.]

A. Vacancies not to invalidate proceedings.--No act done or proceeding taken under this Act shall be questioned on the ground merely of the existence of any vacancy in any Town Area Committee or on account of any defect or irregularity not affecting the merits of the case.

Town Area Budget

Town Area Budget.--Every Town Area Committee shall submit for sanction to the Government a budget of income and expenditure for the ensuing year.

Employment of officers and servants.--Every Committee may appoint a Secretary and such other officers and servants as are necessary for the purposes of this Act and may fix their salaries as the Government may determine from time to time : Provided that the power of appointing officers and servants shall vest in the Committee and the Government may from time to time by rules regulate the same. [x x x x]

1. (2) Rules to regulate the exercise of these powers, the salaries, allowances and conditions of service, rules of appeal, etc., shall be made by the Government. (3)
   • (a) In the absence of a written contract, no officer or Servant employed by a Committee shall be entitled to one month's notice before discharge or to one month's salary in lieu thereof unless he is discharged during a period of probation or for misconduct or is engaged for a specified term and discharged at the end of such term.
   • (b) Should any officer or servant employed by a Committee, in the absence of a written contract authorising him to do so, terminate for reasonable cause resign his employment without giving the Committee at least one month's notice to the Chairman, he shall be liable to forfeit a sum not exceeding one month's wages as may be determined by the Chairman and if no wages are due to him or if no wages of less than one month are due to him, he shall be liable to a penalty not exceeding a sum or an amount equal to the difference between one month's wages and the wages due to him.
   • (c) Should any sweeper employed by a Committee in the absence of a written contract authorising him to do so, terminate his employment or absent himself from his duties without giving one month's notice to the Committee or neglect or refuse to perform any of them, he shall be liable to pay such penalty as the Committee may determine not exceeding a sum equivalent to the amount which he would have earned had he one month's pay.
2. (4) With the sanction of the Government the Committee may give an extraordinary pension or gratuity :--
   • (a) to any officer or servant injured in the performance of his duty as such officer or servant ;
   • (b) to the family of any officer or servant who is killed or meets his death in the performance of his duty as such officer or servant.
3. (5) A pension, gratuity or annuity shall not exceed the sum to which under general or special orders of the Government for the time being in force, such officer or servant or his widow, would be entitled if the service had been service under the Government.
4. (6) If a person serving or having served under a Committee has been or is transferred from or to the service of Government or is partly employed by the Government and partly by a Committee, the Committee shall contribute to his pension and leave allowance to the extent required by the rules in force for the time being made by the Government in this behalf.
5. (7) If an officer or servant of a Committee is a Government official, the Committee may--
   • (a) if his services are wholly lent, contribute to his pension and leave allowance in accordance with any general or special orders of the Government in force for the time being;
   • (b) grant him leave, absentee or acting allowance.
6. (8) The Committee may, with the previous sanction of the Government, pay pensions, gratuities, contribute to Provident Fund to its whole time officers and servants according to such rules as may be sanctioned by the Government in this behalf.

A. Notwithstanding anything to the contrary contained in this Act or in any other law, rule, bye-law for the time being in force, the Minister Incharge, Local Self Government shall have the power and shall be deemed always to have had the power of transferring officers and servants from one Town Area Committee to another Town Area Committee, from a Town Area Committee to a Municipal Council or a Notified Area Committee and from a Town Area Committee to a Department of the Government and vice versa:

Appointment and control of temporary staff Appointment and control of temporary staff.--In case of an emergency involving grave risk of life or property, the Town Area Committee shall be competent to engage such temporary staff as may be required to meet the emergency and in such case the provisions of section 14 shall not apply to such temporary staff if it is for a short period.

Interest of member and town area servant.--No member or servant of a Committee shall legally or equitably acquire any interest in any contract made with that Committee and any person who does so, and any person who abets him in doing so, shall be liable to be removed from his office or dismissed, as the case may be, unless he has previously obtained the permission of the Government to do so.

Town area servant to be deemed public servant.--Every servant employed by the Committee, whether for the collection of a tax or fee or otherwise, shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code.

The Town Fund and Property

Constitution of the Town Fund.--For each town area there shall be formed a Town Fund and there shall be placed to the credit thereof--

1. (a) all fines realised in cases in which prosecutions are instituted for offences committed within the limits of such town area and against the provisions of this Act or of the rules made thereunder, or under any other Act in which provision is made for the credit of such fines to the Town Fund ;
2. (b) all other incomes of the Town Area Committee and such other sum as may be assigned to the Town Fund by any general or special order of the Government.

Control of Town Fund.-Subject to any rules made in this by Government, the Town Fund shall be under the control of Town Area Committee and shall be applied to-

1. (a) the repayment of the principal and interest of any sum advanced as a loan by the Government or of any amount falling due on any loan legally contracted by the Committee or the Sanitation Cess Fund or any fund controlled by or on behalf of the Government for the purposes of this Act ;
2. (b) the payment of the salary and allowances of the town area establishment ;
3. (c) the purchase of stationery and other contingent expenditure necessary for carrying on the business of the Town Area Committee ;
4. (d) the payment of expenses incurred for the maintenance of public roads and drains within the town area in which the maintenance is not done by the Government ;
5. (e) the payment of expenses incurred for the repair of public wells, gardens and tanks or for provisions of such other conveniences for the town area ;
6. (f) the payment of expenses incurred for the promotion of public health, sanitation, drainage, lighting and the like ; and
7. (g) the payment of expenses incurred for carrying out any other measure referred to in section 20 which may be a charge on the Town Fund.

A. Power of Town Area Committee to borrow money.--(1) The Town Area Committee may borrow money by way of loan from the Government or from such other sources and on such terms and conditions as may be approved by the Government.

1. (2) The Committee shall maintain a Sinking Fund for the repayment of any money borrowed under sub-section
2. (1) and pay into the said Sinking Fund such sum as may be fixed for all the money so borrowed.
3. (3) The Sinking Fund or any part thereof shall not be applied towards the discharge of the loan for the repayment of which it is created until such loan is wholly discharged it shall not be used for any other purpose.

Custody of Town Fund.-The Town Fund shall be kept in the State Treasury or with the previous sanction of the Government in any bank in this behalf.

Audit of accounts A. Audit of accounts.-The accounts of the Town Area Committee shall be audited in such manner as may be prescribed.

Authority to contracts.-(1) Subject to the terms of this Act, the Chairman may on behalf of the Committee enter into any contract the value or amount whereof does not exceed Rs. 3000.

1. (2) No contract the value or amount whereof exceeds Rs. 3000 but does not exceed Rs. 25000 shall be entered into on behalf of a Committee unless it has been sanctioned by the Committee.
2. (3) No contract the value or amount whereof exceeds Rs. 25000 but does not exceed Rs. 50000 shall be entered into by or on behalf of a Committee unless it has been sanctioned by the Director Local Bodies.
3. (4) No contract the value or amount whereof exceeds Rs. 50000 shall be entered into by or on behalf of the Committee unless it has been sanctioned by the Government : Provided that when the estimated cost of a work exceeds ten thousand rupees, it shall not be entered into unless the estimates pertaining to that work have been checked by an Engineer specially empowered by the Government in this behalf :

Execution of contracts.-(1) Every contract made by or on behalf of a Committee, the value or amount whereof exceeds twenty rupees shall be in writing and every such contract shall be signed by the Chairman, (and in his absence by the Vice-Chairman and in the absence of both by the Secretary).

1. (2) Every transfer of immovable property belonging to a Committee must be made by an instrument in writing executed by the Chairman or Vice-Chairman and by at least two other members of the Committee whose execution thereof shall be attested by the Secretary and no such transfer of immovable property be made without the previous sanction of the Government.
2. (3) No contract or transfer of the nature mentioned in this section executed otherwise than in conformity with the provisions of this section shall be binding on the Committee or the Government.

Taxation

Taxes which may be imposed.--A Committee may from time to time and subject to the provisions of this chapter and the rules made in this behalf, impose in the whole or any part of the town area one or more of the undermentioned taxes and fees with the previous sanction of Government :--

1. (a) a town rate in the form of a tax-
   • (i) upon all owners or occupiers of buildings or lands within the town area assessed according to the annual value of such buildings or lands ; provided that if any land is assessed under the Land Revenue Act, the amount of the cesses so assessed shall not exceed the tax assessed on such land under this Act : Provided further that the amount of tax on any land shall not exceed 6% per cent of the annual value of the land ;
   • (ii) upon all residents of the town area according to their circumstances ; provided that the amount of tax payable by any person according to his circumstances shall not exceed Rs. 500 ;
2. (b) a tax upon persons including in any calling, profession or art or carry on business in the town area ;
3. (c) a tax payable by the owner of any vehicle, animal used for riding, draught or burden or dogs which are kept within the limits of the town area : Provided that no tax shall be payable on vehicles, animals or dogs used only for agricultural purposes ;
4. (d) a modified octroi known as Dharat on articles imported within the town limits for consumption or use or sale, or a terminal tax on goods imported into or exported from the town limits ; provided that a terminal tax and octroi shall not be in force in the same town area at the same time ;
5. (e) Teh bazari ;
6. (f) lease of land to be used for town refuse ;
7. (g) dog tax ;
8. (h) tax on boats let out on hire ;
   • (i) entertainment tax ;
9. (j) slaughter house fee ;
10. (k) building fee ;
11. (l) a tax on timber imported into the town area for being sold, or for being stored for more than sixty days ;
12. (m) chhala tax ;
13. (n) thara tax ;
14. (o) tehi bazari ;
15. (p) water tax ;
16. (q) lighting tax ;
17. (r) such other tax or fee as may be approved by the Government.

Procedure in imposing taxes.—(1) A Committee may, at a special meeting, pass a resolution proposing the imposition of any tax or fee under section 24.

1. (2) When such a resolution has been passed, the Committee shall publish a notice in the Government Gazette and in such other manner as may be prescribed, describing the property or person to be taxed, the amount or rate of the tax or fee to be imposed and the system of assessment to be adopted.
2. (3) Any inhabitant objecting to the proposed tax or fee may, within 30 days from the publication of the said notice, submit his objection in writing to the Committee and the Committee shall, at a meeting, take his objection into consideration.
3. (4) If a Committee decides to modify or alter the tax or fee, it shall publish a notice indicating that they are in modification of those published for inviting objections.
4. (5) If no objection to the tax or fee is received within the said period, the Committee shall, after taking into consideration as aforesaid, submit its proposal to the Government with the objections received as aforesaid.
5. (6) When any proposal of a Committee has been sanctioned by the Government, the Government shall notify the imposition of the tax or fee and shall in the notification specify a date on which the tax or fee shall come into force.
6. (7) A notification in the Government Gazette of the imposition of a tax or fee under this Act shall be conclusive evidence that the tax or fee has been imposed in accordance with the provisions of this Act—
   • (a) a description of the property described for its identification ;
   • (b) An assessment list when confirmed by the Committee shall not be subject to revision except upon objection under sub-section
7. (3) or in pursuance of an order under the provisions of section 31.

Assessment of tax.—(1) Subject to any rules made in this behalf by the Government, the Committee established for any town area shall, as soon as may be, prepare a list of the persons liable to pay the tax imposed under items (a),

1. (b) and
2. (m) to
3. (q) of section 24 and the amounts to be paid respectively by such persons as and when it proceeds to impose tax on those items.

1. (2) Every assessment list prepared under sub-section
2. (1) shall, except in cases of taxes under items (a)
   • (ii) and (m), contain the following particulars :-

Duty of furnishing true information regarding liability to town area taxation.—Every person shall, on demand by an officer duly authorized by the Committee in this behalf, furnish such information as may be necessary in order to ascertain whether such person is liable to pay any town area tax ; and every hotel or lodging housekeeper shall, on demand made as aforesaid, furnish a list of all persons residing in such hotel or lodging house.

Power of entry for the purpose of valuation or taxation.—The Committee may authorize any person,—

1. (a) after giving 24 hours' notice to the occupier or, if there be no occupier, to the owner of any building or land at any time, between sunrise and sunset, to enter, inspect and measure any building for the purpose of valuation ;
2. (b) to enter and inspect any stable, coach-house or other place wherein there is reason to believe that there is any vehicle, vessel or animal liable to taxation under this Act or for which a licence has not been duly taken out.

Exemption from tax.—Subject to any rules made in this behalf by the Government, the Government may, by order, exempt in whole or in part from the payment of any tax imposed under this Act, any person or class of persons or description of property.

Publication of assessment list.—The Town Area Committee shall cause a copy of every assessment list prepared or revised as aforesaid and declared by the person authorised by the Committee in this behalf to be posted in a conspicuous place within the town area and shall cause a notice of the same to be maintained in such manner as it may prescribe.

Appeals from assessment of levy of tax.—(1) An appeal against the assessment or levy of any tax or fee under this Act shall lie to the [Government] and the decision of the [Government] shall be final and shall not be called in question in any Court.

1. (2) Court-fee shall not be payable on an appeal under sub-section
2. (1) of this section.
3. (3) An appeal under sub-section
4. (1) shall not be entertained unless the tax or fee has been paid within the specified period.

Payment of tax.—Tax shall be payable on such date as the Committee may, with the previous sanction given by the Government, determine or at such place within the town area :

Writ of demand Writ of demand.—On failure of a person to pay a tax or fee under this Act on or before the due date, the Chairman or in his absence the Vice-Chairman may cause a writ of demand to be served on the defaulter or delivered at or resident within the town area and addressed by name to him or to any other place where he may be residing, and charge of fee per writ of such amount as may be prescribed shall be levied and any expense incurred under this section.

Presentation of the Bill.—(1) ...

1. (2) Every such notice shall specify—
   • (a) the period for which, and
   • (b) the property, occupation or thing in respect of which the tax is claimed, and shall also give notice of the time within which an appeal may be preferred against such claim.
2. (3) If the person does not pay for the payment of the tax within the specified time either—
   • (a) pay the sum demanded in the notice, or
   • (c) prefer an appeal.
3. (4) Such declaration shall be conclusive evidence of its contents and shall not be called in question in any court.
4. (5) Declaration issued under sub-section
5. (3) shall be produced by the Chairman before Collector who shall recover the sum in the same manner as if it were arrears of land revenue.

Collection of Dhac& or Terminal Tax

Collection to be controlled by Chairman Town Area Committee.—The collection of Dhara or terminal tax shall be controlled by the Chairman through a committee or through a staff appointed by the Committee in this behalf and in such manner.

³⁶ Omitted

[36.

Duty of importer to allow inspection of goods security relative thereto and to pay the tax Duty of importer to allow inspection of goods security relative thereto and to pay the tax.--Evaiy person iqmlhg, within tht! limits 6fa townarea, arty -&on w~Dharat(w~ and cxkibit ml'poaswrs theart$clt;and

1. (c) pryt8e~toF~~~'~sdthed~~rthir Acf) ; and any pen#al bringing witldn such timifs any goorlq wWm tax&& or , act,inaclbBbd~shalf&WmhseNantZfarthe~rothis the ooatcntrs of tBe same in order to ascertain

Procedure in case of default Pmadurc in case of d-41) Irq the case of mn-paymmt of Dhamt or or servant or a mvant of the the same may seiF amr chargeable, af dscient - Provided that articles of~aaaue serh risk of damage may be sold rdtcr tht he amy, baving regand 'u tPte mttm d the

&rrq odicwr.-(l~ No civil suit or against any s&mmt af a Town Area boMl$&dOllC~OrQercdtobedonein which may be lafib boaght against a Town Area Codttee or against any savant of a Town Area C0,mrnlttee in respect of anytlting done or alleged to have been done in pursuance of this Act, shall be instituted within six months from the date of the act complained of and not after- wards: Provided that no such suit shall be instituted until the expiration of one month after notice has been given stating the cause of action and the name and the pface of abode of he intending plaintiff and the plaint shgl contain a statemeat that such Rotic;e ha been given.

1. (3) In a suit for damage9 against a Town Axat Ccxxunim it sW be lwKful for the Court if tender of saffioient anxpds shall have bees made before the action was brought in awarding the amount so tended to rebe costs to the plaintiff and direct him to pay the cost of the dcfbbt.

'ResiricHon or prohibition of the importation or exportation of goo&.- he Government may restrict or prohibit the importation into or ' exportation from any town area wherc:

Duties of the Chairman Duties of the CFzai3man.-The duties of the Chairman shall be-

1. (a) to oomene and preside at ail meetings of & Committcf, to contkol the tramadion of business fheread and to maintain a record of ash basi- ; C
2. (b) to supvise the collation of ura and other dues 0; thc Camittee ;
3. (c) to supervise the work of the sewahts and employ8es of *the (3inmittee ;
4. (d) to conduct all copespondenr;e on behalf of the CommiZtet ;

1. (0) to nport to GowmmS against any member who has, in his opinion, ~hispodtionasmeglberarwhojs~temissinthedisCltar&e of-his duties ;
   • (h) to furnish such periodical reports and returns nd rwrds as be required by the Government.
   • (g) to perform such other duties as may be requ red of or him by or under this Act or by or under any of the rules Aa ; and

Appointntent of Sub-Committee.--A Committees for the purpose of exercising or performing such functions as it individual members or on any matter which it may refer to them.

Special order.—The Town Committee may, by special order in writing, provide and shall provide for all or any of the following matters, namely:--

1. (a) the regulation of offensive callings and trades ;
2. (b) the disposal of corpse by burning or burial ;
3. (c) the repair or removal of dangerous or ruinous buildings ;
4. (d) the prohibition of the storage of more than a limited quantity of petroleum, inflammable or explosive or any dangerous and other inflammable articles in any place or building ;
5. (e) the regulation or prohibition of the use of any description of fireworks or explosive ;
6. (g) the cleansing of any filthy building or land ; the closing of any building not fit for human habitation ;
7. (h) the disinfection of any building or article which the Committee consider necessary in order to prevent the spread of any dangerous contagious disease ;
   • (i) the disposal of mad and stray dogs ;
8. (j) the licensing of premises for manufacture, sale of articles of food or drink, and the regulation of the sale in the town area of articles of food and drink ;
9. (k) the licensing of vehicles kept or plying for hire, the control of traffic, the setting apart of places where vehicles plying for hire may stand ; [(ii) the prohibition,—
   • (i) of vehicular traffic in any public road or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality ;
   • (ii) in respect of all public roads, or any particular public road, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwidely objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions and upon the payment of such charges as may be specified by the Town Area Committee generally or specially in each case : Provided that notices of such prohibitions as are imposed under sub-clauses
   • (i) and
   • (ii) shall be posted in conspicuous places at or near both ends of public roads or portions thereof to which they relate unless such prohibition applies generally to all public roads,]
10. (ti) the prohibition of the tethering of cattle in any street or public place ;
11. (l) licensing of yards or depots for trade in hay, straw, thatching, grass, wood, charcoal or coal, or other dangerously inflammable material ;
12. (m) the prevention or removal of any movable or immovable encroachment over any street, drain, sewer or channel and the recovery of the expenses incurred on such prevention or removal or in rectifying any damage caused to the street, drain, sewer or channel by such prevention or removal :
13. (n) regulating the posting of advertisements and notice boards, and with the previous sanction of Government :
14. (o) the regulation of slaughter houses ;
15. (p) the prohibition for reasons of public health of the use of any place for the sale of meat without a licence granted by the Committee or in contravention of the conditions laid down in the same ;
16. (q) the fixing of the conditions subject to which, the circumstances in which and the areas or localities in respect of which, licence for the sale of meat may be granted, refused, suspended or withdrawn ;
17. (r) the prohibition of brick-kilns and pottery kilns in any specified area ; the licensing of store-houses for any explosive or for petroleum or any inflammable oil or spirit ;
18. (t) the prohibition of the keeping of a brothel or the failure of a public prostitute in any specified area ;
19. (u) the regulation of the erection or re-erection of building or any class of buildings and the prevention of the erection or re-erection of buildings in contravention of any town planning scheme sanctioned by the Government ;
    • (v) the protection of trees ;
    • (x) the holding of fairs and industrial exhibitions in the town area and the control of shops and stalls therein either by the Committee or under the control of the Committee ;
20. (w) defining the standard weights and measures to be used in the town area and for inspection of weights and measures ;
21. (z) the provision for the seizure and confiscation of ownerless animals straying within the limits of the town area. (*) the licensing, inspection and proper regulation of theatres, cinemas and other places of public resort, recreation or amusement ;

A. Powers of Government to grant permission for saw mills etc.--Notwithstanding anything in any law for the time being in force, the Government may reserve and notify within the town area area or areas for purposes of installing saw mills or laboratories or establishments for conducting dry cleaning operations therein, as the case may be.

Prohibition of erection or re-erection without permission.--(1) No person shall erect or re-erect any building without the sanction of the Chairman.

1. (2) Every person who intends to erect or re-erect any building shall give notice in writing to the Chairman of such intention.
2. (3) A Committee shall, by bye-laws,--
   • (b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re-erect such building and a plan and specification of the building of all such character and with such details as the bye-laws may require ;
   • (c) where the building appears likely to be used as a factory, require the provision of adequate accommodation in connection therewith.
3. (4) Where bye-laws have been framed under this section no notice under sub-section
4. (2) shall be considered to be valid until the information, if any, required by such bye-laws has been furnished to the satisfaction of the Chairman.
5. (5) The Chairman, shall within seven days of its receipt, decline to accept a plan as sufficient for purposes of granting sanction under this section if it does not bear the signature and seal of a registered Architect or a registered Draftsman in token of its having been prepared by such Architect or Draftsman and in that case the notice, if any, given under sub-section
6. (2) shall not be considered valid.

A. Powers of Chairman to refuse erection or re-erection of buildings.--(1) The Chairman shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under this Act OR in contravention of any scheme sanctioned under the Jammu and Kashmir State Town Planning Act, 1963.

1. (2) The Chairman may refuse to sanction the erection or re-erection of any building for any other reasons, to be communicated in writing to the applicant, which he deems to be just, such as if the building on the land, on which it is proposed to erect or re-erect such building, is Government property or vests in the Committee and the consent of the Government or, as the case may be, of the Committee has not been obtained, or if the title to the land is in dispute between such person and the Committee or the Government.
2. (3) Subject to the provisions of sub-section (1), the Chairman may sanction the erection or re-erection of any building either absolutely or subject to such modification in accordance with the bye-laws and rules as he may deem fit.
3. (4) Notwithstanding anything contained in sub-section
4. (1) or sub-section
5. (2) but subject to the provisions of bye-laws made in this behalf under this Act, if the Chairman neglects or omits, within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re-erect a building or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, or within thirty days if the erection of a building has been refused within such period, to pass orders, sanctioning or refusing to sanction such erection or re-erection shall, be deemed to have been sanctioned, provided that no person shall be entitled to erect or re-erect such buildings in contravention of any bye-law or any general or special order made under this Act or any scheme sanctioned for the construction of buildings in any particular area : Provided that, should a resolution conveying or refusing such sanction be suspended under section 68 the period prescribed by sub-section
6. (4) shall commence to run afresh from the date of communication of final orders by the Minister Local Self Government or the Government : Provided further that if not less than one-fifth of the members submit a notice in writing registering the protest against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.

B. Power of Chairman to direct modification of a sanctioned plan of a building before its completion.--If at any time before the completion of a building of which the erection has been sanctioned under section 46-A the Chairman or the Committee find that any modification of the sanctioned plan is necessary, the Chairman or the Committee may, (subject to the compensation for any loss to which the owner may be put), direct that the building be modified accordingly.

Special order.—The Town Committee may, by special order in writing, provide and shall provide for all or any of the following matters, namely:-- (a) the regulation of offensive callings and trades ; (b) the disposal of corpse by burning or burial ; (c) the repair or removal of dangerous or ruinous buildings ; (d) the prohibition of the storage of more than a limited quantity of petroleum, inflammable or explosive or any dangerous and other inflammable articles in any place or building ; (e) the regulation or prohibition of the use of any description of fireworks or explosive ; (g) the cleansing of any filthy building or land ; the closing of any building not fit for human habitation ; (h) the disinfection of any building or article which the Committee consider necessary in order to prevent the spread of any dangerous contagious disease ; (i) the disposal of mad and stray dogs ; (j) the licensing of premises for manufacture, sale of articles of food or drink, and the regulation of the sale in the town area of articles of food and drink ; (k) the licensing of vehicles kept or plying for hire, the control of traffic, the setting apart of places where vehicles plying for hire may stand ; [(ii) the prohibition,— (i) of vehicular traffic in any public road or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality ; (ii) in respect of all public roads, or any particular public road, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwidely objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions and upon the payment of such charges as may be specified by the Town Area Committee generally or specially in each case : Provided that notices of such prohibitions as are imposed under sub-clauses (i) and (ii) shall be posted in conspicuous places at or near both ends of public roads or portions thereof to which they relate unless such prohibition applies generally to all public roads,] (ti) the prohibition of the tethering of cattle in any street or public place ; (l) licensing of yards or depots for trade in hay, straw, thatching, grass, wood, charcoal or coal, or other dangerously inflammable material ; (m) the prevention or removal of any movable or immovable encroachment over any street, drain, sewer or channel and the recovery of the expenses incurred on such prevention or removal or in rectifying any damage caused to the street, drain, sewer or channel by such prevention or removal : (n) regulating the posting of advertisements and notice boards, and with the previous sanction of Government : (o) the regulation of slaughter houses ; (p) the prohibition for reasons of public health of the use of any place for the sale of meat without a licence granted by the Committee or in contravention of the conditions laid down in the same ; (q) the fixing of the conditions subject to which, the circumstances in which and the areas or localities in respect of which, licence for the sale of meat may be granted, refused, suspended or withdrawn ; (r) the prohibition of brick-kilns and pottery kilns in any specified area ; (s) the licensing of store-houses for any explosive or for petroleum or any inflammable oil or spirit ; (t) the prohibition of the keeping of a brothel or the failure of a public prostitute in any specified area ; (u) the regulation of the erection or re-erection of building or any class of buildings and the prevention of the erection or re-erection of buildings in contravention of any town planning scheme sanctioned by the Government ; (v) the protection of trees ; (x) the holding of fairs and industrial exhibitions in the town area and the control of shops and stalls therein either by the Committee or under the control of the Committee ; (w) defining the standard weights and measures to be used in the town area and for inspection of weights and measures ; (z) the provision for the seizure and confiscation of ownerless animals straying within the limits of the town area. (*) the licensing, inspection and proper regulation of theatres, cinemas and other places of public resort, recreation or amusement ;

1. (1) Every sanction for the erection or re-erection of a building shall have been given or be deemed to have been given by the Chairman shall be in force for one year only from the date of such order or for such longer period as the Chairman may have specifically sanctioned under section 46-A. Should the erection or re-erection not have been commenced within one year and completed within such longer period as may have been sanctioned, the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for the fresh sanction under the provisions of this Act: Provided that the Minister incharge Local Self Government or any person authorised by him in this behalf shall always have power to extend the period for erection or re-erection of any building or to renew the sanction for erection or re-erection of any building.
2. (2) Every order made by the Chairman or the Minister incharge Local Self Government or any person authorised by him under this section shall be final and shall not be called in question in any original suit, application or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of the power conferred by or under this section.
3. (3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force. 46D. Power of Chairman to stop progress of building work unlawfully commenced or carried out D. Power of Chairman to stop progress of building work unlawfully commenced or carried out.—
4. (1) In any case in which the erection or re-erection has been commenced or is being carried on in contravention of the provisions of this Act or any rule or bye-law made thereunder, the Chairman may, by written notice, require the building operations to be discontinued from the date of the service of such notice.
5. (2) Any person failing to comply with the terms of such notice shall be punishable with fine which may extend to two thousand rupees and when the noncompliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the first during which the non-compliance continues. 46E. Power of Chairman to direct removal of persons from buildings in which works are being unlawfully carried on or which are unlawfully occupied E. Power of Chairman to direct removal of persons from buildings in which works are being unlawfully carried on or which are unlawfully occupied.—
6. (1) Should a building be begun or re-erected—
   • (a) without sanction as required by section 46
7. (1) ; or
   • (b) without notice as required by section 46
8. (2) ; or
   • (c) when sanction has been refused ; or
   • (d) in contravention of the terms of any sanction granted ; or
   • (e) when sanction has lapsed ; or
   • (f) in contravention of any bye-law or order made under clause
   • (u) of section 45 ; the Chairman may after giving twenty-four hours' notice, direct all persons engaged in any capacity in the work of erecting or re-erecting the building in question or part thereof to remove themselves and shall take such measures as will prevent any one of such persons from again entering into or remaining upon such building or part thereof except with his permission.
9. (2) All expenditure incurred in the enforcement of the provisions of this section may be recovered from the person offending. 46F. Erection and use of tenements F. Erection and use of tenements.—
10. (1) No building shall be erected for human habitation or used for such purpose and in such manner as is not sanctioned by the Committee without the sanction of the Chairman or otherwise than in accordance with the bye-laws made in this behalf under this Act.
11. (2) If any building erected for a purpose other than human habitation is occupied for such purpose and in such manner as if it is erected without the sanction of the Chairman is considered undesirable, such building may be demolished by the Chairman at the expense of the owner whether he is prosecuted under this Act or not. 46G. Compensation G. Compensation.—
12. (1) No person shall have any claim against the Committee or the owner for any damage which he may sustain in consequence of the prohibition of erection of any building.
13. (2) The Committee shall make reasonable compensation to any person for any damage he may sustain on account of the prohibition if the prohibition is necessary for the health or safety of the public or any class or body of persons: Provided that the Committee shall not be liable to pay any compensation to any person for any damage he may sustain by the reason of the erection or any part thereof being set back under section, or in respect of any building being immediately preceding such prohibition, in a ruinous or dangerous condition or unfit for human habitation.
14. (3) The Committee shall not be liable to pay any compensation to any person for any damage or loss which he may sustain in consequence of the inclusion of any part of his land in a public road or for the set-back of any building or land belonging to him. 46H. Regulation of Architects and registered Draftsmen H. Regulation of Architects and registered Draftsmen.—
15. (1) The Chairman may, subject to the payment of such fees as may be prescribed, permit any person to act as registered Architect or registered Draftsman: Provided that such person qualifies the minimum qualifications prescribed for the post of Overseer in the Public Works Department or any other qualification prescribed for the purpose by the Government within the period of at least five years: Provided also that the minimum qualifications shall not apply to a person who has already been acting up to 1st January, 1978 as an Architect or Draftsman.
16. (2) Every such licence shall be valid for a period of one year from the date of issue or last renewal and shall be renewable every year on payment of such fees as may be prescribed by the Committee.
17. (3) The rules made under this Act may prescribe—
    • (c) fee to be paid to a registered Architect or a registered Draftsman for any work done by him ;
    • (d) the conditions subject to which the registration shall be valid ; and
    • (e) classification of plans to be prepared by the registered Architect and the registered Draftsman.
18. (4) If any registered Architect or registered Draftsman receives more than the fee so prescribed or contravenes any of the provisions of this Act, or rules, or bye-laws made thereunder or is in the opinion of the Chairman, acts negligently, his licence shall be liable to be cancelled by the Chairman. 46J. Sanction subject to other laws J. Sanction subject to other laws.— Notwithstanding anything contained in this Act, an order sanctioning erection or re-erection of a building under this Act shall be and shall always be deemed to have been subject to the provisions of any other law for the time being in force. 47. Provisions for sanitation and conservancy Provisions for sanitation and conservancy.--The Town Area Committee, by general or special order in writing, may, and if so advised by the Director of Health Services or such other officer as the Government may nominate in this behalf shall, provide, if funds permit, for all or any of the following matters within the town area :-
    • (a) the protection from pollution and periodical examination of all sources of water used for drinking and bathing purposes ;
    • (b) the prohibition of the removal or use for drinking purposes of any water from any stream, well, tank, spring or other source where such removal or use causes or is likely to cause disease or injury to health and the ,prevention of such removal or use by the filling in of any well, tank or other receptacle or by any other method that may be considered advisable :
    • (c) the prohibition of the deposit or storage of manure, refuse or other offensive matter in the manner prejudicial to the public health, conduct or convenience ;
    • (d) the excavation of earth and the filling up of all excavations and depressions injurious to health or offensive to the neighbourhood ;
    • (e) the removal of noxious vegetation ;
    • (f) protection against fire ;
    • (g) the disposal or destruction of materials likely to convey disease ;
    • (h) the registration of births and deaths ;
      • (i) the condemnation and destruction of any [food] which is unfit for human consumption ;
    • (j) the prohibition for reasons of public health of the use of any place for the sale of fish, milk, butter, ghee, meat, poultry, fruit, vegetable or sweetmeats in default of a licence granted by the Committee or otherwise than in accordance with the conditions of such licence ;
    • (k) the fixing of the conditions, and the circumstances, in which and the area or localities in which licences for the sale of fish, meat, fruit, vegetables, milk, butter, ghee, poultry or sweetmeats may be granted, refused, suspended or withdrawn ;
    • (l) the setting apart of suitable places for bathing, washing and watering animals and for washing clothes ;
    • (m) the provisions, repair or removal of drains, privies and latrines ;
    • (n) the prohibition for reasons of public health of the use of any open place for committing nuisance or camping ground without having a sanitary tent ;
    • (o) the removal of hedges and trees overhanging on public streets and walls, etc. ;
    • (p) the securing or enclosing untented buildings remaining a nuisance ;
    • (q) the provisions of troughs and pipes for rain water ;
    • (r) prohibition against letting of buildings to diseased persons, keeping of injurious substances ; the disposal of dead animals ;
    • (t) the removal or alteration of roofs and external walls made of inflammable material ;
    • (u) undertaking of house scavenging by the Committee ;;
      • (v) any other measure which may be necessary generally for conservancy of the town. 47A. Cleaning of filthy buildings or lands [47-A. Cleaning of filthy buildings or lands.--Should the owner, or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the Chairman may, by notice, require him within 24 hours to clean the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state, and, if it appears to be necessary for sanitary purposes to do so, may, at any time by notice, direct the occupier of any building to limewash or otherwise clean the said building inside and outside in the manner and within a period to be specified in the notice.] 48. Power to suspend action of the Committee Power to suspend action of the Committee.--The [Government] may, by order in writing, suspend the execution of any resolution or order of the Committee or Chairman if in its opinion such resolution or order is in excess of the powers conferred on the Committee or the Chairman, as the case may be, by law or if the execution of such resolution or order is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons. 49. Power to provide for the performance of duties in case of default of a Committee Power to provide for the performance of duties in case of default of a Committee.--
19. (1) If any Town Area Committee refuses or omits to perform any prescribed duty, the [Government], or such other officer as may be empowered by it in this behalf, may direct the execution of any work or the doing of any act which a Committee is empowered to execute or do and the immediate execution or doing of which is, in its opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the Committee.
20. (2) Should the expenses be not so paid, the [Government] or the officer empowered by it, as the case may be, may make an order directing the person having the custody of the balance of the Town Area Fund to pay the expense or so much thereof as may from time to time be possible from that balance, in priority to all other charges against the same. 50. Power of Government to dissolve Committee in case of incompetency or default or excess of abuse of powers Power of Government to dissolve Committee in case of incompetency or default or excess of abuse of powers.--[(1) If at any time upon representation made or otherwise it appears to the Government that the Town Area Committee is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers the Government may, after having given an opportunity to the Committee to show cause why such an order should not be made, or, if it appears to the Government that the case is one of emergency, forthwith issue an order directing that all the members of the Committee shall vacate office as and from such date as may be appointed and declare the Committee to be superseded. Such order shall be published in the Government Gazette and the reasons for making it shall be stated therein.
21. (2) When a Committee is so superseded, the following consequences shall ensue--
    • (a) all members of the Committee shall, on the date of notification, vacate their seats as such members ;
    • (b) all powers and duties of the Committee shall, until it is reconstituted, be exercised and performed by such person or persons as the Government may appoint in that behalf ;
    • (c) on the expiration of the period of supersession mentioned in the order, the Committee shall be reconstituted and the persons who vacated their offices under clause
    • (a) of sub-section
22. (2) shall not be deemed disqualified for reelection as members. 51. Application of Town Fund when any area ceases to be a town area Application of Town Fund when any area ceases to be a town area.--When any area ceases to be a town area for the purposes of this Act, the balance of the Town Fund, if any, shall be applied for the benefit of the inhabitants of the said area in such manner as the Government may direct and all property vested in the Committee shall, until the committee is reconstituted, vest in the Government. 52. Powers of the Government to make rules Powers of the Government to make rules.-(1) The Government may make rules applicable to all or any town area for carrying out the purposes of this Act.
23. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
    • (a) to regulate and control the powers conferred by this Act or by any rule made under this Act on any officer of the Committee.
    • (b) to prescribe duties for any such officer or servant in addition to those prescribed by this Act ;
    • (c) to prescribe or regulate in respect of the number of members to compose the Committee ;
    • (g) regulating the election of Chairman and Vice-Chairman ;
    • (h) the use of the Town Fund ;
      • (i) the form in which accounts may be kept or maintained ;
    • (j) the proportions in which the Town Fund shall be applied as to the proportion of income which may be spent ;
    • (k) the preparation of plans and estimates for works involving expenditure from a Town Fund, the person by whom and the conditions subject to which such plans and estimates may be sanctioned ;
    • (l) the returns and statements to be submitted by the Committee ;
    • (m) to regulate the imposition of taxes and fees under this Act and to prevent the avoidance thereof ;
    • (n) the grant of refund on export of goods or articles on which Dharat or Terminal tax has been levied ;
    • (q) custody of records ;
    • (r) the exemption from Dharat or Terminal tax of goods that have once paid it on being brought into the town area and thereafter exported from it ; the qualifications and conditions of appointment of an officer or servant appointed under section 14 to hold office under the Committee ;
    • (t) the functions and working of the Committee.
24. (3) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
25. (4) [Until rules are made by the Government under this section the rules made under the Jammu and Kashmir Town Area Act, Samvat 1997, and in force at the commencement of this Act, shall, notwithstanding the repeal of the said Act, have always continued in force as if they were made under the provisions of this Act.] 53. Procedure for making general orders Procedure for making general orders.-Before making any general order under sections 45 and 47 the Committee shall give public notice of its intention to make such order and any inhabitant of the town may, within 30 days of the publication of such notice, submit his objection to such general order in writing and within 30 days from the date of such notice the Committee shall take into consideration any objection received and make such amendments of the order as it may think fit and then submit the general order to the Government for approval with the objections, if any, which have been received and the Government may sanction, refuse to sanction the issue of the order, or return the general order for further consideration.
26. (2) A general order sanctioned under sub-section
27. (1) shall be published in such manner as may be prescribed. 54. Appeal against special orders Appeal against special orders. 55. Powers of Committee to lay or carry pipes, drains or sewers through private property subject to payment of compensation for damage sustained Powers of Committee to lay or carry pipes, drains or sewers through private property subject to payment of compensation for damage sustained.-A Committee may, for the purpose of carrying out, establishing or maintaining any system of drainage, sewerage or water supply, carry any pipe, drain, sewer or channel of any kind into, through, across, under, over or on the side of any land or building wherever situate within the limits of the town area, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining such pipe, drain, sewer or channel : Provided that-
    • (a) reasonable notice shall be given to the owner or occupier of any such land or building ;
    • (b) compensation shall be paid to the owner or occupier for any damage sustained by him and directly occasioned by the carrying out of any such operations or for any substantial interference with the rights of such owner or occupier to the due enjoyment of such land or building ; and
    • (c) in the event of any dispute as to the notice to be given or the compensation to be paid, the matter shall be referred by the Committee to the [Government] whose decision shall be final. 56. Powers to attach brackets for lamps, name-plates of streets and number of houses and penalty for destroying the same Powers to attach brackets for lamps, name-plates of streets and number of houses and penalty for destroying the same.-A Committee may attach to the outside of any building brackets for lamps or name-plates of streets and may cause a number to be affixed to every house in the town area for the purposes of identifying it, and any person who wilfully disturbs, defaces or destroys any such bracket, name-plate or number shall, on conviction before a [Judicial Magistrate], be liable to a fine which may extend to twenty-five rupees.

(iii) "building" includes any shop, out-house, shed, superstructure or other building for human habitation or otherwise whether of mud, thatch, metal or any other material whatever and all walls but does not include mud-wall built round a field not abutting on a public road; (iv) "erect" or "re-erect" any building includes- (a) any material alteration or enlargement of any building ; (b) the conversion by structural alteration into a place for human habitation of any building constructed for human habitation ; (c) the conversion into more than one place of human habitation of a building originally constructed as one such habitation ; (d) the conversion of two or more places of human habitation into a greater number of such places ; (e) such alteration of a building as affects its drainage or sanitary arrangements or affects its stability ; (f) the addition of any rooms, buildings, out-houses or other structures to any building ; and (g) the construction in a wall adjoining a public street or land of a door opening on to such street or land ; (v) "explosive" means gun-powder, nitro-glycerine, dynamite, gun-cotton, blasting powder, fulminate of mercury of other metals, coloured fires and every other substance used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect, fireworks, cartridges, ammunition, of all descriptions and every preparation of an explosive; (vi) "Gazette" means the Government Gazette ; (vii) "inhabitant" means any person ordinarily residing or carrying on business or owning or occupying immovable property in any town area, and in case of any dispute means any person declared by the Government to be an inhabitant ; (viii) "land" shall include land which is being built upon or is covered with water ; (ix) [omitted.] (x) "occupier" means, in the case of a house let out to tenants or to lodgers or travellers, the person who lets the house or is entitled to receive the rents or payments from the tenants or travellers ; (xi) "offensive callings and trades" include melting tallow, dressing raw hides, boiling bones, offal or blood, soap-boiling, oil-boiling house, dyeing house, tannery or gut scrapping, brick field, brick kiln, engine house, store house or place of business from which offensive or unwholesome smells, gasses, noises or smoke arise ; (xii) "owner" when used in reference to any land or building includes the person for the time being receiving the rent of 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 who would so receive the same if the land or building were let to a tenant ; (xiii) "prescribed" means prescribed by this Act or by any rule or order made thereunder ; (xiv) "public place" means a space which is open to the use or enjoyment of the public, whether or not private property and whether or not vested in the Committee ; (xv) "public road" means any road, street, bridge, thoroughfare, passage or place over which the public have a right of way and includes drains ; (xvi) "rule" means a rule made in exercise of the powers conferred by this Act ; (xvii) "street" means any road, footway, lane, square, court, alley, or passage, accessible whether permanently or temporarily to the public and whether a thorough fare or not and includes drains or gutters on either side ; (xviii) "town area" means any local area which the Government has declared or defined under section 3 to be a town area ; (xix) "vehicle" includes a bicycle, tricycle, auto-rickshaw and every wheeled conveyance which is used or capable of being used on a public street.

Payment of tax.—Tax shall be payable on such date as the Committee may, with the previous sanction given by the Government, determine or at such place within the town area : Provided that any person so desirous may pay the amount of any instalment of the tax in advance.

A. Powers of Government to grant permission for saw mills etc.--Notwithstanding anything in any law for the time being in force, the Government may reserve and notify within the town area area or areas for purposes of installing saw mills or laboratories or establishments for conducting dry cleaning operations therein, as the case may be.

Prohibition of erection or re-erection without permission.--(1) No person shall erect or re-erect any building without the sanction of the Chairman.

1. (2) Every person who intends to erect or re-erect any building shall give notice in writing to the Chairman of such intention.
2. (3) A Committee shall, by bye-laws,--
   • (b) require that with every such notice shall be furnished a site plan of the land on which it is intended to erect or re-erect such building and a plan and specification of the building of all such character and with such details as the bye-laws may require ;
   • (c) where the building appears likely to be used as a factory, require the provision of adequate accommodation in connection therewith.
3. (4) Where bye-laws have been framed under this section no notice under sub-section
4. (2) shall be considered to be valid until the information, if any, required by such bye-laws has been furnished to the satisfaction of the Chairman.
5. (5) The Chairman, shall within seven days of its receipt, decline to accept a plan as sufficient for purposes of granting sanction under this section if it does not bear the signature and seal of a registered Architect or a registered Draftsman in token of its having been prepared by such Architect or Draftsman and in that case the notice, if any, given under sub-section
6. (2) shall not be considered valid.

A. Powers of Chairman to refuse erection or re-erection of buildings.--(1) The Chairman shall refuse to sanction the erection or re-erection of any building in contravention of any bye-law made under this Act OR in contravention of any scheme sanctioned under the Jammu and Kashmir State Town Planning Act, 1963.

1. (2) The Chairman may refuse to sanction the erection or re-erection of any building for any other reasons, to be communicated in writing to the applicant, which he deems to be just, such as if the building on the land, on which it is proposed to erect or re-erect such building, is Government property or vests in the Committee and the consent of the Government or, as the case may be, of the Committee has not been obtained, or if the title to the land is in dispute between such person and the Committee or the Government.
2. (3) Subject to the provisions of sub-section (1), the Chairman may sanction the erection or re-erection of any building either absolutely or subject to such modification in accordance with the bye-laws and rules as he may deem fit.
3. (4) Notwithstanding anything contained in sub-section
4. (1) or sub-section
5. (2) but subject to the provisions of bye-laws made in this behalf under this Act, if the Chairman neglects or omits, within sixty days of the receipt from any person of a valid notice of such person's intention to erect or re-erect a building or within one hundred and twenty days, if the notice relates to a building on the same or part of the same site, or within thirty days if the erection of a building has been refused within such period, to pass orders, sanctioning or refusing to sanction such erection or re-erection shall, be deemed to have been sanctioned, provided that no person shall be entitled to erect or re-erect such buildings in contravention of any bye-law or any general or special order made under this Act or any scheme sanctioned for the construction of buildings in any particular area : Provided that, should a resolution conveying or refusing such sanction be suspended under section 68 the period prescribed by sub-section
6. (4) shall commence to run afresh from the date of communication of final orders by the Minister Local Self Government or the Government : Provided further that if not less than one-fifth of the members submit a notice in writing registering the protest against a resolution conveying sanction, the sanction shall be deemed not to have been conveyed until after the lapse of fourteen days from the passing of the resolution.

B. Power of Chairman to direct modification of a sanctioned plan of a building before its completion.--If at any time before the completion of a building of which the erection has been sanctioned under section 46-A the Chairman or the Committee find that any modification of the sanctioned plan is necessary, the Chairman or the Committee may, (subject to the compensation for any loss to which the owner may be put), direct that the building be modified accordingly.

C. Lapse of sanction after one year from date of order.—

1. (1) Every sanction for the erection or re-erection of a building shall have been given or be deemed to have been given by the Chairman shall be in force for one year only from the date of such order or for such longer period as the Chairman may have specifically sanctioned under section 46-A. Should the erection or re-erection not have been commenced within one year and completed within such longer period as may have been sanctioned, the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for the fresh sanction under the provisions of this Act: Provided that the Minister incharge Local Self Government or any person authorised by him in this behalf shall always have power to extend the period for erection or re-erection of any building or to renew the sanction for erection or re-erection of any building.
2. (2) Every order made by the Chairman or the Minister incharge Local Self Government or any person authorised by him under this section shall be final and shall not be called in question in any original suit, application or proceeding and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of the power conferred by or under this section.
3. (3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in this Act or in any other law for the time being in force.

D. Power of Chairman to stop progress of building work unlawfully commenced or carried out.—

1. (1) In any case in which the erection or re-erection has been commenced or is being carried on in contravention of the provisions of this Act or any rule or bye-law made thereunder, the Chairman may, by written notice, require the building operations to be discontinued from the date of the service of such notice.
2. (2) Any person failing to comply with the terms of such notice shall be punishable with fine which may extend to two thousand rupees and when the noncompliance is a continuing one, with a further fine which may extend to one hundred rupees for every day after the first during which the non-compliance continues.

E. Power of Chairman to direct removal of persons from buildings in which works are being unlawfully carried on or which are unlawfully occupied.—

1. (1) Should a building be begun or re-erected—
   • (a) without sanction as required by section 46
2. (1) ; or
   • (b) without notice as required by section 46
3. (2) ; or
   • (c) when sanction has been refused ; or
   • (d) in contravention of the terms of any sanction granted ; or
   • (e) when sanction has lapsed ; or
   • (f) in contravention of any bye-law or order made under clause
   • (u) of section 45 ; the Chairman may after giving twenty-four hours' notice, direct all persons engaged in any capacity in the work of erecting or re-erecting the building in question or part thereof to remove themselves and shall take such measures as will prevent any one of such persons from again entering into or remaining upon such building or part thereof except with his permission.
4. (2) All expenditure incurred in the enforcement of the provisions of this section may be recovered from the person offending.

F. Erection and use of tenements.—

1. (1) No building shall be erected for human habitation or used for such purpose and in such manner as is not sanctioned by the Committee without the sanction of the Chairman or otherwise than in accordance with the bye-laws made in this behalf under this Act.
2. (2) If any building erected for a purpose other than human habitation is occupied for such purpose and in such manner as if it is erected without the sanction of the Chairman is considered undesirable, such building may be demolished by the Chairman at the expense of the owner whether he is prosecuted under this Act or not.

G. Compensation.—

1. (1) No person shall have any claim against the Committee or the owner for any damage which he may sustain in consequence of the prohibition of erection of any building.
2. (2) The Committee shall make reasonable compensation to any person for any damage he may sustain on account of the prohibition if the prohibition is necessary for the health or safety of the public or any class or body of persons: Provided that the Committee shall not be liable to pay any compensation to any person for any damage he may sustain by the reason of the erection or any part thereof being set back under section, or in respect of any building being immediately preceding such prohibition, in a ruinous or dangerous condition or unfit for human habitation.
3. (3) The Committee shall not be liable to pay any compensation to any person for any damage or loss which he may sustain in consequence of the inclusion of any part of his land in a public road or for the set-back of any building or land belonging to him.

H. Regulation of Architects and registered Draftsmen.—

1. (1) The Chairman may, subject to the payment of such fees as may be prescribed, permit any person to act as registered Architect or registered Draftsman: Provided that such person qualifies the minimum qualifications prescribed for the post of Overseer in the Public Works Department or any other qualification prescribed for the purpose by the Government within the period of at least five years: Provided also that the minimum qualifications shall not apply to a person who has already been acting up to 1st January, 1978 as an Architect or Draftsman.
2. (2) Every such licence shall be valid for a period of one year from the date of issue or last renewal and shall be renewable every year on payment of such fees as may be prescribed by the Committee.
3. (3) The rules made under this Act may prescribe—
   • (c) fee to be paid to a registered Architect or a registered Draftsman for any work done by him ;
   • (d) the conditions subject to which the registration shall be valid ; and
   • (e) classification of plans to be prepared by the registered Architect and the registered Draftsman.
4. (4) If any registered Architect or registered Draftsman receives more than the fee so prescribed or contravenes any of the provisions of this Act, or rules, or bye-laws made thereunder or is in the opinion of the Chairman, acts negligently, his licence shall be liable to be cancelled by the Chairman.

J. Sanction subject to other laws.— Notwithstanding anything contained in this Act, an order sanctioning erection or re-erection of a building under this Act shall be and shall always be deemed to have been subject to the provisions of any other law for the time being in force.

Provisions for sanitation and conservancy.--The Town Area Committee, by general or special order in writing, may, and if so advised by the Director of Health Services or such other officer as the Government may nominate in this behalf shall, provide, if funds permit, for all or any of the following matters within the town area :-

1. (a) the protection from pollution and periodical examination of all sources of water used for drinking and bathing purposes ;
2. (b) the prohibition of the removal or use for drinking purposes of any water from any stream, well, tank, spring or other source where such removal or use causes or is likely to cause disease or injury to health and the ,prevention of such removal or use by the filling in of any well, tank or other receptacle or by any other method that may be considered advisable :
3. (c) the prohibition of the deposit or storage of manure, refuse or other offensive matter in the manner prejudicial to the public health, conduct or convenience ;
4. (d) the excavation of earth and the filling up of all excavations and depressions injurious to health or offensive to the neighbourhood ;
5. (e) the removal of noxious vegetation ;
6. (f) protection against fire ;
7. (g) the disposal or destruction of materials likely to convey disease ;
8. (h) the registration of births and deaths ;
   • (i) the condemnation and destruction of any [food] which is unfit for human consumption ;
9. (j) the prohibition for reasons of public health of the use of any place for the sale of fish, milk, butter, ghee, meat, poultry, fruit, vegetable or sweetmeats in default of a licence granted by the Committee or otherwise than in accordance with the conditions of such licence ;
10. (k) the fixing of the conditions, and the circumstances, in which and the area or localities in which licences for the sale of fish, meat, fruit, vegetables, milk, butter, ghee, poultry or sweetmeats may be granted, refused, suspended or withdrawn ;
11. (l) the setting apart of suitable places for bathing, washing and watering animals and for washing clothes ;
12. (m) the provisions, repair or removal of drains, privies and latrines ;
13. (n) the prohibition for reasons of public health of the use of any open place for committing nuisance or camping ground without having a sanitary tent ;
14. (o) the removal of hedges and trees overhanging on public streets and walls, etc. ;
15. (p) the securing or enclosing untented buildings remaining a nuisance ;
16. (q) the provisions of troughs and pipes for rain water ;
17. (r) prohibition against letting of buildings to diseased persons, keeping of injurious substances ; the disposal of dead animals ;
18. (t) the removal or alteration of roofs and external walls made of inflammable material ;
19. (u) undertaking of house scavenging by the Committee ;;
    • (v) any other measure which may be necessary generally for conservancy of the town.

[47-A. Cleaning of filthy buildings or lands.--Should the owner, or occupier of any building or land suffer the same to be in a filthy or unwholesome state, the Chairman may, by notice, require him within 24 hours to clean the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state, and, if it appears to be necessary for sanitary purposes to do so, may, at any time by notice, direct the occupier of any building to limewash or otherwise clean the said building inside and outside in the manner and within a period to be specified in the notice.]

Power to suspend action of the Committee.--The [Government] may, by order in writing, suspend the execution of any resolution or order of the Committee or Chairman if in its opinion such resolution or order is in excess of the powers conferred on the Committee or the Chairman, as the case may be, by law or if the execution of such resolution or order is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body of persons.

Power to provide for the performance of duties in case of default of a Committee.--

1. (1) If any Town Area Committee refuses or omits to perform any prescribed duty, the [Government], or such other officer as may be empowered by it in this behalf, may direct the execution of any work or the doing of any act which a Committee is empowered to execute or do and the immediate execution or doing of which is, in its opinion, necessary for the service or safety of the public, and may direct that the expense of executing the work or of doing the act shall be forthwith paid by the Committee.
2. (2) Should the expenses be not so paid, the [Government] or the officer empowered by it, as the case may be, may make an order directing the person having the custody of the balance of the Town Area Fund to pay the expense or so much thereof as may from time to time be possible from that balance, in priority to all other charges against the same.

Power of Government to dissolve Committee in case of incompetency or default or excess of abuse of powers.--[(1) If at any time upon representation made or otherwise it appears to the Government that the Town Area Committee is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law for the time being in force, or exceeds or abuses its powers the Government may, after having given an opportunity to the Committee to show cause why such an order should not be made, or, if it appears to the Government that the case is one of emergency, forthwith issue an order directing that all the members of the Committee shall vacate office as and from such date as may be appointed and declare the Committee to be superseded. Such order shall be published in the Government Gazette and the reasons for making it shall be stated therein.

1. (2) When a Committee is so superseded, the following consequences shall ensue--
   • (a) all members of the Committee shall, on the date of notification, vacate their seats as such members ;
   • (b) all powers and duties of the Committee shall, until it is reconstituted, be exercised and performed by such person or persons as the Government may appoint in that behalf ;
   • (c) on the expiration of the period of supersession mentioned in the order, the Committee shall be reconstituted and the persons who vacated their offices under clause
   • (a) of sub-section
2. (2) shall not be deemed disqualified for reelection as members.

Application of Town Fund when any area ceases to be a town area.--When any area ceases to be a town area for the purposes of this Act, the balance of the Town Fund, if any, shall be applied for the benefit of the inhabitants of the said area in such manner as the Government may direct and all property vested in the Committee shall, until the committee is reconstituted, vest in the Government.

Powers of the Government to make rules.-(1) The Government may make rules applicable to all or any town area for carrying out the purposes of this Act.

1. (2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-
   • (a) to regulate and control the powers conferred by this Act or by any rule made under this Act on any officer of the Committee.
   • (b) to prescribe duties for any such officer or servant in addition to those prescribed by this Act ;
   • (c) to prescribe or regulate in respect of the number of members to compose the Committee ;
   • (g) regulating the election of Chairman and Vice-Chairman ;
   • (h) the use of the Town Fund ;
     • (i) the form in which accounts may be kept or maintained ;
   • (j) the proportions in which the Town Fund shall be applied as to the proportion of income which may be spent ;
   • (k) the preparation of plans and estimates for works involving expenditure from a Town Fund, the person by whom and the conditions subject to which such plans and estimates may be sanctioned ;
   • (l) the returns and statements to be submitted by the Committee ;
   • (m) to regulate the imposition of taxes and fees under this Act and to prevent the avoidance thereof ;
   • (n) the grant of refund on export of goods or articles on which Dharat or Terminal tax has been levied ;
   • (q) custody of records ;
   • (r) the exemption from Dharat or Terminal tax of goods that have once paid it on being brought into the town area and thereafter exported from it ; the qualifications and conditions of appointment of an officer or servant appointed under section 14 to hold office under the Committee ;
   • (t) the functions and working of the Committee.
2. (3) The power to make rules under this Act is subject to the condition of the rules being made after previous publication.
3. (4) [Until rules are made by the Government under this section the rules made under the Jammu and Kashmir Town Area Act, Samvat 1997, and in force at the commencement of this Act, shall, notwithstanding the repeal of the said Act, have always continued in force as if they were made under the provisions of this Act.]

Procedure for making general orders.-Before making any general order under sections 45 and 47 the Committee shall give public notice of its intention to make such order and any inhabitant of the town may, within 30 days of the publication of such notice, submit his objection to such general order in writing and within 30 days from the date of such notice the Committee shall take into consideration any objection received and make such amendments of the order as it may think fit and then submit the general order to the Government for approval with the objections, if any, which have been received and the Government may sanction, refuse to sanction the issue of the order, or return the general order for further consideration.

1. (2) A general order sanctioned under sub-section
2. (1) shall be published in such manner as may be prescribed.

Appeal against special orders.

Powers of Committee to lay or carry pipes, drains or sewers through private property subject to payment of compensation for damage sustained.-A Committee may, for the purpose of carrying out, establishing or maintaining any system of drainage, sewerage or water supply, carry any pipe, drain, sewer or channel of any kind into, through, across, under, over or on the side of any land or building wherever situate within the limits of the town area, and may at all times do all acts and things which may be necessary or expedient for repairing or maintaining such pipe, drain, sewer or channel :

Provided that-

1. (a) reasonable notice shall be given to the owner or occupier of any such land or building ;
2. (b) compensation shall be paid to the owner or occupier for any damage sustained by him and directly occasioned by the carrying out of any such operations or for any substantial interference with the rights of such owner or occupier to the due enjoyment of such land or building ; and
3. (c) in the event of any dispute as to the notice to be given or the compensation to be paid, the matter shall be referred by the Committee to the [Government] whose decision shall be final.

Powers to attach brackets for lamps, name-plates of streets and number of houses and penalty for destroying the same.-A Committee may attach to the outside of any building brackets for lamps or name-plates of streets and may cause a number to be affixed to every house in the town area for the purposes of identifying it, and any person who wilfully disturbs, defaces or destroys any such bracket, name-plate or number shall, on conviction before a [Judicial Magistrate], be liable to a fine which may extend to twenty-five rupees.

Penalties

Penalties.-(1) Whoever does, or abets the doing of, any act in contravention of any of the provisions of this Act or any rule or general or special order, notice, order or licence issued thereunder, or any person lawfully acting in pursuance of this Act, shall, on conviction before a [Judicial Magistrate], be punished for each such offence with a fine which may extend to Rs. 50 and should the offence or breach be a continuing one with a further fine which may extend to Rs. 5 for every subsequent day till it continues.

1. (2) In addition to such fine the offender may be required to remedy the mischief so far as may be possible or it may be remedied by the Committee at his cost.
2. (3) No compensation except as otherwise expressed in this Act shall be claimable for any loss or expenditure to which any person may be put in consequence of complying with or being compelled to comply with any order of the Committee.
3. (4) The punishment provided for above shall not bar any legal proceedings which may be taken or which might have been taken under this Act.

[58. Power of Government to delegate powers.-The Government may, by notification in the Government Gazette, delegate any of its powers under this Act, except the powers under section 52, to any officer or authority on its behalf.]

Delegation of powers by the Committee.—(1) The Committee may, with the approval of the [Government], and if so required by the [Government] delegate to the Chairman, Vice-Chairman or other officers any of its powers under this Act.

1. (2) The delegation by the Committee of its powers under sub-section
2. (1) may be made subject to the condition that any action taken in pursuance of such delegation shall be subject to review by it within thirty days.

Acquisition of land.—When any land within the limit of a town area is required for the purposes of this Act, the Government may, at the request of the Town Area Committee, proceed to acquire it under the provisions of the Land Acquisition Act, and the Committee shall pay the compensation and other charges incurred in acquiring the land.

Corruption of officials.

Authority for prosecution.—No Court shall take cognizance of any offence punishable under this Act or any rule made thereunder except on the complaint of the Town Area Committee or of some person authorised specially by name or office by the Committee in this behalf.

Jurisdiction of Courts to try offences.—Offences under this Act shall be triable by any [Judicial Magistrate] within whose jurisdiction any such offence may have been committed: Provided that any [Judicial Magistrate] who is the Chairman of the Town Area Committee shall not himself try any case under this Act.

Payment of compensation.—(1) The Committee may make compensation out of the Town Area Fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the Committee, its officers or servants under this Act, and shall make such compensation where the damage was caused by the negligence of the Committee, its officers or servants; and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised: Provided that if the amount of compensation in any case exceeds Rs. 300 the sanction of the officer authorised in this behalf by the Government and in case it exceeds Rs. 500 the sanction of the Minister, and if it exceeds Rs. 1,000 the sanction of the Government shall be required.

1. (2) Should any dispute arise touching the amount of any compensation which the Committee is required by this Act to pay for damage to any building or land, it shall be settled in such manner as the parties may agree on; in case of disagreement, the case will be referred to the [Government] whose decision will be final and binding on the parties.

Appeal from order of Committee.—Subject to the provisions of section 54, any person aggrieved by any notice, order or prohibition of the Committee may, within sixty days from the date of such order appeal to the [Government] whose decision on the appeal shall be final.

Powers to revise orders.—Notwithstanding anything contained in this Act, the Government may call for the record of any case which is pending before or has been decided by any officer or authority under this Act, and if such officer or authority appears—

1. (a) to have exercised a jurisdiction not vested in him;
2. (b) to have failed to exercise a jurisdiction so vested, or
3. (c) to have acted in the exercise of his jurisdiction with material irregularity, it may make such order in the case as it thinks fit.

Power to call for record.—The Government may require the Town Area Committee—

1. (a) to produce any record, correspondence, plan or other documents;
2. (b) to supply any return, plan, estimate, statistics; and
3. (c) to furnish or obtain any report.

Power to cause inspection to be made.—(1) The Government may empower any officer by a general or special order to inspect or examine any Town Area Committee, office, service, work or thing and to report thereon and any officer so empowered may for the purpose of such inspection or examination, exercise all the powers conferred by the preceding section.

1. (2) Any officer so empowered shall be a public servant within the meaning of section 21 of the Ranbir Penal Code.

Power to direct the taking of action.—If on receipt of any information or report the Government is of the opinion—

1. (a) that any duty imposed on any Town Area Committee has not been performed or has been performed in an imperfect, inefficient or unsuitable manner;
2. (b) that adequate financial provision has not been made for the performance of any such duty; the Government may, by written order, direct the Town Area Committee within the period to be specified in the order to make arrangements to the satisfaction of the Government for the performance of the duties referred to in clause
3. (a) or to make financial provision to its satisfaction for the performance of any duty, as the case may be.

-1 71. Procedure when Town Area Authority fails to take action.-

1. (1) If, within the period fixed by any order issued under the preceding section any action directed thereunder has not been duly taken, the Government may, by order--
   • (a) appoint some person to take action so directed ;
   • (b) fix the remuneration to be paid to him ; and
   • (c) direct that such remuneration and the cost of taking such action shall be defrayed out of the Town Fund and, if necessary, that any one or more of the taxes authorised by Chapter V shall be levied or increased.
2. (2) The person appointed under sub-section
3. (1) may, for the purpose of taking the action directed as aforesaid, exercise any of the powers conferred on any Town Area Committee by or under this Act which are specified in that behalf in the order issued under sub-section
4. (1) including the power to draw cheques on the account of the Town Fund.
5. (3) Any Bank or State Treasury having the custody of any account referred to in sub-section
6. (2) shall honour the cheques drawn as aforesaid on that account to the extent of the balance standing to the credit of the Town Fund.]

Penalties 57. Penalties Penalties.-(1) Whoever does, or abets the doing of, any act in contravention of any of the provisions of this Act or any rule or general or special order, notice, order or licence issued thereunder, or any person lawfully acting in pursuance of this Act, shall, on conviction before a [Judicial Magistrate], be punished for each such offence with a fine which may extend to Rs. 50 and should the offence or breach be a continuing one with a further fine which may extend to Rs. 5 for every subsequent day till it continues. (2) In addition to such fine the offender may be required to remedy the mischief so far as may be possible or it may be remedied by the Committee at his cost. (3) No compensation except as otherwise expressed in this Act shall be claimable for any loss or expenditure to which any person may be put in consequence of complying with or being compelled to comply with any order of the Committee. (4) The punishment provided for above shall not bar any legal proceedings which may be taken or which might have been taken under this Act. 58. Power of Government to delegate powers [58. Power of Government to delegate powers.-The Government may, by notification in the Government Gazette, delegate any of its powers under this Act, except the powers under section 52, to any officer or authority on its behalf.] 59. Delegation of powers by the Committee Delegation of powers by the Committee.—(1) The Committee may, with the approval of the [Government], and if so required by the [Government] delegate to the Chairman, Vice-Chairman or other officers any of its powers under this Act. (2) The delegation by the Committee of its powers under sub-section (1) may be made subject to the condition that any action taken in pursuance of such delegation shall be subject to review by it within thirty days. 60. Acquisition of land Acquisition of land.—When any land within the limit of a town area is required for the purposes of this Act, the Government may, at the request of the Town Area Committee, proceed to acquire it under the provisions of the Land Acquisition Act, and the Committee shall pay the compensation and other charges incurred in acquiring the land. 61. Corruption of officials Corruption of officials. 62. Authority for prosecution Authority for prosecution.—No Court shall take cognizance of any offence punishable under this Act or any rule made thereunder except on the complaint of the Town Area Committee or of some person authorised specially by name or office by the Committee in this behalf. 63. Jurisdiction of Courts to try offences Jurisdiction of Courts to try offences.—Offences under this Act shall be triable by any [Judicial Magistrate] within whose jurisdiction any such offence may have been committed: Provided that any [Judicial Magistrate] who is the Chairman of the Town Area Committee shall not himself try any case under this Act. 64. Payment of compensation Payment of compensation.—(1) The Committee may make compensation out of the Town Area Fund to any person sustaining any damage by reason of the exercise of any of the powers vested in the Committee, its officers or servants under this Act, and shall make such compensation where the damage was caused by the negligence of the Committee, its officers or servants; and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised: Provided that if the amount of compensation in any case exceeds Rs. 300 the sanction of the officer authorised in this behalf by the Government and in case it exceeds Rs. 500 the sanction of the Minister, and if it exceeds Rs. 1,000 the sanction of the Government shall be required. (2) Should any dispute arise touching the amount of any compensation which the Committee is required by this Act to pay for damage to any building or land, it shall be settled in such manner as the parties may agree on; in case of disagreement, the case will be referred to the [Government] whose decision will be final and binding on the parties. 65. Appeal from order of Committee Appeal from order of Committee.—Subject to the provisions of section 54, any person aggrieved by any notice, order or prohibition of the Committee may, within sixty days from the date of such order appeal to the [Government] whose decision on the appeal shall be final. 67. Powers to revise orders Powers to revise orders.—Notwithstanding anything contained in this Act, the Government may call for the record of any case which is pending before or has been decided by any officer or authority under this Act, and if such officer or authority appears— (a) to have exercised a jurisdiction not vested in him; (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of his jurisdiction with material irregularity, it may make such order in the case as it thinks fit. 68. Power to call for record Power to call for record.—The Government may require the Town Area Committee— (a) to produce any record, correspondence, plan or other documents; (b) to supply any return, plan, estimate, statistics; and (c) to furnish or obtain any report. 69. Power to cause inspection to be made Power to cause inspection to be made.—(1) The Government may empower any officer by a general or special order to inspect or examine any Town Area Committee, office, service, work or thing and to report thereon and any officer so empowered may for the purpose of such inspection or examination, exercise all the powers conferred by the preceding section. (2) Any officer so empowered shall be a public servant within the meaning of section 21 of the Ranbir Penal Code. 70. Power to direct the taking of action Power to direct the taking of action.—If on receipt of any information or report the Government is of the opinion— (a) that any duty imposed on any Town Area Committee has not been performed or has been performed in an imperfect, inefficient or unsuitable manner; (b) that adequate financial provision has not been made for the performance of any such duty; the Government may, by written order, direct the Town Area Committee within the period to be specified in the order to make arrangements to the satisfaction of the Government for the performance of the duties referred to in clause (a) or to make financial provision to its satisfaction for the performance of any duty, as the case may be. 71. Procedure when Town Area Authority fails to take action -1 71. Procedure when Town Area Authority fails to take action.- (1) If, within the period fixed by any order issued under the preceding section any action directed thereunder has not been duly taken, the Government may, by order-- (a) appoint some person to take action so directed ; (b) fix the remuneration to be paid to him ; and (c) direct that such remuneration and the cost of taking such action shall be defrayed out of the Town Fund and, if necessary, that any one or more of the taxes authorised by Chapter V shall be levied or increased. (2) The person appointed under sub-section (1) may, for the purpose of taking the action directed as aforesaid, exercise any of the powers conferred on any Town Area Committee by or under this Act which are specified in that behalf in the order issued under sub-section (1) including the power to draw cheques on the account of the Town Fund. (3) Any Bank or State Treasury having the custody of any account referred to in sub-section (2) shall honour the cheques drawn as aforesaid on that account to the extent of the balance standing to the credit of the Town Fund.]