Chapter VI POWERS AND FUNCTION OF MUNICIPALITY

Functions of municipality: The State Government may assign to a municipality of any level all or any of the following functions in progressive manner considering the managerial, technical and financial capacities of the municipality:

Provided that it shall be the duty of the State Government to allocate to a municipality adequate and reasonable functions and powers once the municipality is in position to discharge the functions

1. (1) in the sphere of public works,-
   • (a) providing by itself or by an agency, means for supply of water for public and private purposes;
   • (b) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;
   • (c) construction, maintenance and cleansing of public latrines, urinals and similar conveniences;
   • (d) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, flyovers, subways, causeways and the like;
   • (e) naming of streets and numbering of premises;
   • (f) lighting of public streets and other public places;
   • (g) planting and care of trees on roadside and elsewhere;
   • (h) construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;
     • (i) maintenance of all monuments vested in the Municipality;
   • (j) providing by itself or by an agency, means of supply of water for fire-fighting purposes;
2. (2) in the sphere of public health and sanitation,-
   • (a) collection, removal and disposal of solid wastes including filth, rubbish and other obnoxious or polluted matters;
   • (b) disposal of solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged;
   • (c) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances;
   • (d) regulating and abating offensive and dangerous trades or practices;
   • (e) cleansing of public streets and other public places;
   • (f) ensuring the wholesomeness of water supplied for drinking and domestic purposes;
   • (g) maintenance of all public tanks and regulating the re-excavation, repair and upkeep of all private tanks, wells and other sources of water supply on such terms and conditions as the Municipality may deem proper;
   • (h) provide for places for the disposal of the dead and the regulation and maintenance of such places;
     • (i) measures for preventing and checking the spread of dangerous diseases;
   • (j) immunisation including public vaccination and inoculation;
   • (k) removal and disposal of the unclaimed dead bodies and carcasses of dead animals;
3. (1) abatement of nuisances from birds and animals including dog menace;
   • (m) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with;
4. (3) in the sphere of town planning and development,-
   • (a) devising town planning within the limits of the municipal area in accordance with the laws relating to town planning for the time being in force;
   • (b) planned development of the borders of the municipal area in accordance with the laws applicable for the purpose;
   • (c) improvement of slums;
   • (d) control of regular lines of streets;
   • (e) control of all building operations and regulation of building uses;
   • (f) co-ordination of all overground rights enjoyed by service agencies;
   • (g) co-ordination of activities of agencies relating to laying and maintenance of underground pipelines, tubes, cables and the like;
   • (h) laying out and maintenance of public parks, squares, gardens or recreational areas;
     • (i) redevelopment of congested areas for providing better living conditions;
   • (j) planned development of new areas for human settlement;
   • (k) preservation of monuments and places of historical, artistic and other importance;
5. (1) measures for beautification of the township by setting up fountains and statues, providing recreational areas, improving riverbanks, landscaping and the like;
6. (4) in the sphere of administration,-
   • (a) survey of buildings and lands and preparation and maintenance from time to time survey maps and plans of the town and other records relating to survey;
   • (b) removal of unauthorised encroachment on, or obstruction and projection in or upon, streets, bridges and other public places;
   • (c) securing or removal of dangerous buildings and places;
   • (d) registration of births and deaths;
   • (e) providing boundary marks for the municipal area;
   • (f) drawing up an Annual Administration Report on the activities and performances of the Municipality and submission, in the manner prescribed, of such report to the State Government;
   • (g) compilation and maintenance of records and statistics relating to the administrative functions of the Municipality;
   • (h) maintenance and development of all properties vested in or entrusted with the management of the Municipality;
     • (i) checking the construction of unauthorised buildings and pulling down unlawful construction;
   • (j) ensuring the stoppage of wastage of water supply and other civic facilities;
   • (k) protecting public properties in general and civic properties in particular;
7. (1) abatement of pollution of all kinds;
   • (m) measures as may be required for fire prevention and fire safety under any law for the time being in force;
   • (n) providing for adequate training facilities for the municipal employees and equipping and motivating them for public service;
8. (0) observance of occasions of national importance.

Discretionary functions of the Municipality: A Municipality may, at its direction, provide, either wholly or partly, out of the municipal property and fund, for the following matters within the limits of the municipal area:

1. (1) in the sphere of public works, -
   • (a) giving relief to, and establishing and maintaining, in time of famine, flood or earthquake, relief works for, destitute persons within the limits of the municipal area;
   • (b) construction or maintenance of, or providing or giving aids for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest-houses, sports complex, place of entertainment, swimming pools, public wash-houses and bathing places and homes for the disabled and destitute and other public buildings designed for convenience of the community;
   • (c) construction and maintenance of old-age homes and orphanages, domiciliary care for the sick, orphan, destitute and aged people;
   • (d) construction or maintenance of, or providing aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centres;
   • (e) construction, purchase, organisation, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public;
   • (f) construction, maintenance, repair, and purchase of any works for the supply of electrical energy or gas;
   • (g) construction of dwellings for the inhabitants, specially low-cost dwellings for the socially backward classes of citizens;
   • (h) providing accommodation for all classes of employees of the Municipality;
2. (2) in the sphere of education, -
   • (a) establishing and maintaining pre-primary schools such as balwadies and creches;
   • (b) promotion of civic education, adult education, social education, non-formal education and the like;
   • (c) promotion of cultural activities including music, physical education, sports and theatres;
   • (d) advancement of science and technology in the way of life;
   • (e) advancement of civic consciousness of public health and general welfare by organising discourses, seminars and conferences;
   • (f) publication of municipal journals, periodicals and souvenirs, purchase of books, and subscription to journals, magazines and newspapers;
3. (3) in the sphere of public health and sanitation, -
   • (a) construction and maintenance of cattle pounds;
   • (b) provision for unfiltered water-supply for non-domestic uses;
   • (c) promotion of the use of bio-gas and other non-conventional energy sources;
   • (d) provision for sewage treatment and preparation of compost manures from sewage and other refuse;
   • (e) abatement of smoke nuisances;
   • (f) setting up of milk dairies or farms (but not khatals) for supply, distribution and processing of milk or milk products for the benefit of the people;
4. (4) in the sphere of administration, -
   • (a) civic reception to persons of distinction and paying homage on death to persons of repute;
   • (b) installation of statues, portraits and pictures in appropriate manner;
   • (c) organisation and management of fairs and exhibitions;
   • (d) organisation, establishment and maintenance of art galleries and botanical or zoological collections;
   • (e) construction and maintenance of garages and sheds and stands for vehicles;
   • (f) measures for eradication of addiction of all kinds like liquors and drugs;
   • (g) organising voluntary labour and co-ordinating the activities of voluntary agencies for community welfare;
5. (5) in the sphere of development, -
   • (a) encouraging formation of co-operative societies, and, in particular, housing co-operative societies, and assistance to such co-operative societies in construction of residential buildings;
   • (b) providing shelter for the homeless;
   • (c) undertaking manufacturing of building materials and their distribution at fair prices;
   • (d) reclamation of wastelands and promotion of social forestry;
   • (e) establishing and maintaining nurseries for plants, vegetables and trees and promotion of greenery through mass participation;
   • (f) organisation of flower-shows and promotion of flower-growing as a civic culture;
   • (g) promotion of agriculture, pisciculture, horticulture, poultry and improvement of cattle breed;
   • (h) assistance to small-scale and cottage and craft industries;
     • (i) programme for liberation and rehabilitation of scavengers and their families;
   • (j) income-generating activities, particularly for the women belonging to the socially backward classes of citizens;
   • (k) collection of statistics and data significant to the community;
   • (l) integration of the development plans and schemes of the town with the district or regional development plan, if any;
6. (6) generally, taking all measures not specified in the foregoing provisions of this section, which are likely to promote public safety, health, convenience, education or welfare of the community.

Transfer of functions of State Government:

1. (1) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, subject to such conditions as it may think fit to impose, transfer, by an order published in the Official Gazette, to a Municipality any such functions and duties relating to Government under any law which the State Legislature is competent to enact, or which is otherwise within the executive power of the State, and appear to relate to matters arising within a municipal area being of an administrative character, and shall, on such transfer, allot to the Municipality such fund and personnel as may be necessary to enable the Municipality to discharge the functions and duties transferred.
2. (2) Without prejudice to the generality of the provisions of sub-section (1), the State Government may transfer to the Municipality such functions and duties as are performed by the departments of the State Government on any of the following matters:
   • (a) town and country planning;
   • (b) urban development;
   • (c) water supply and sanitation;
   • (d) transport system including regulation of traffic terminus;
   • (e) employment schemes and programmes;
   • (f) health and family welfare;
   • (g) relief and social welfare including social security schemes and programmes;
   • (h) public works including road construction and housing;
     • (i) cottage and small-scale industries, business and services including programme for skill development;
   • (j) education including primary education, adult education, vocational education, social education, non-formal education, audiovisual education and library services;
   • (k) food and supplies including rationing and distribution;
   • (l) civil defence;
   • (m) fire protection and fire-fighting;
   • (n) sports and youth services;
   • (o) welfare of the Scheduled Castes and the Scheduled Tribes;
   • (p) environmental safety and improvement;
   • (q) social forestry and plantation programme.
3. (3) Where any function or duty under any law is so transferred, such law shall have effect as if this section has formed a part of such law, and thereupon such law shall be deemed to have been amended accordingly.

Power to transfer any function of Municipality under the Act to the State Government or to any organisation: Notwithstanding anything contained in this Act or in any other law for the time being in force, the Municipality may, if it is of opinion that it is necessary so to do in the public interest, transfer, with the prior approval of the State Government, any function or functions of the Municipality under the Act to the State Government or to organisation, including a Government organisation, in such manner, and on such terms and conditions, as may be prescribed.

Explanation - "Government organisation" shall mean an organisation maintained or managed by the State Government:

Provided that such transfer of function or functions of the Municipality to such organisation shall not absolve the Municipality from the responsibility of carrying out the provisions of this Act in relation to the function or functions so transferred.