The Uttaranchal (The Uttar Pradesh Municipalities Act, 1916) (Amendment) Act, 2002

1 (Act 13 of 2002). Short title, extent and commencement

1. (1) This Act may be called Uttaranchal (Uttar Pradesh Municipalities Act, 1916) (Amendment) Act, 2002.
2. (2) In extents to the whole of Uttaranchal
3. (3) It shall be deemed to have come into force at once. 2 (Act 13 of 2002). Amendment of Section Section 9-(1)(A) of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 (hereinafter reffered to as the " Principal Act") the following section shall be substituted, namely :- The elected members, whose numbers shall be not less than 4 and not more then 45, as may be prescribed by the State Govt. and notified in the official Gazatte. 3 (Act 13 of 2002).

B (Act 13 of 2002). Amendment of Section In section 13-B of the Principal Act, sub-section (3) shall be added :

1. (3) State Election Commission shall obtain from all the candidates a declaration in the form of an affidavit containing the following information and any other information it deems necessary and shall, except information contained in clause (c) and (e), publish the same in the major daily newspapers for the information of the electorate.
   • (a) Whether the candidate has been convicted/acquitted/discharged of any criminal offence in the past and, if convicted, whether he was punished with imprisonment or fine ?
   • (b) Prior to six months of filing of nomination, whether the candidate is accused in any pending case, of any offence punishable with imprisonment for two years or more, and in which charge is framed or cognizance is taken by the Court of law. If so, the details thereof.
   • (c) The assets (immovable, movable, bank balances etc.) of a candidate and of his/her spouse and, that of dependants.
   • (d) Liabilities, if any, particularly whether there are any over dues of any public Financial Institutions or Government dues.
   • (e) His/her source of income and full details of present Monthly/Annual Income.
   • (f) Whether he/she is married/unmarried.
   • (g) Number of Children, their ages, and their educational expenses.
   • (h) Details of his/her income tax; house tax; projections tax/fees payable annually.
     • (i) The educational qualifications of candidate. 13-C(d) (Act 13 of 2002). Insertion of a new sub-sectio After section 13-C of the Principal Act a new subsection (d) shall be inserted :-
   • (d) He is not a candidate from more than one ward. 13-D(e)(h)(l)(m)(n)(o) and (p) (Act 13 of 2002). Insertion of a new subsection After section 13-D(d), sub-section(e), 13-D(g) sub-section(h), and 13-D(k) sub-section(i),(m)(n)(o) and (p) in the Principal Act, shall be added :-
   • (e) He has more than two living children of whom one is born after expiry of 300 days from the date of notification of this part ; or,
   • (h) has been convicted of any offence against a woman or,
   • (l) has an interest or share, in a publication where in advertisement regarding activities of the municipalities can be published or,
   • (m) is a paid employee of any institution, receiving financial aid from the municipalities or,
   • (n) the person or any member of his/her family or his/her legal heir is in unauthorized occupation of any land or building owned or managed by the municipality/ Government or a public road or pavement, canal, drain, or is a beneficiary of such unauthorized occupation ; or,
   • (o) is a representative or office bearer of any federation or union of any cadre or class of employees of the municipality ; or
   • (p) has been convicted of any offence involving violation of any Act, Rules, Sub-rules, regulations and Govt. orders relating to Municipality and has been found guilty or working against the interest of the municipality. 13-F (Act 13 of 2002). Insertion of Section

AA (Act 13 of 2002). Amendment of section-43 AA In sub-section (2)(a) of section 43-AA of the Principal Act after sub-section (b) of section 13-D, sub-section (i),(n),(o),(p), shall be added.

Repeal and savings (Act 13 of 2002). Repeal and savings

1. (1) The Uttaranchal (Uttar Pradesh Nagar Palika Adhiniyam, 1916) (Amendment) ordinance-2002 is here by repealed.
2. (2) Not withstanding such repeal, anything done or any action taken under the corresponding provisions of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 as amended by the ordinance referred to in sub-section(1), shall be deemed to have been done or taken under the corresponding provisions of the Uttar Pradesh Nagar Palika Adhiniyam, 1916 as amended by this Act, as if the provisions of this Act were inforce at all Material times. 1 (Act 11 of 2005). Short Title The Act may be called the Uttaranchal (The Uttar Pradesh Municipalities Act, 1916) (Third Amendment) Act, 2005. 54 (Act 11 of 2005). Amendment of Section 54 of the Principal Act In Section 54 of the Uttaranchal (The Uttar Pradesh Municipalities Act, 1916) Adaptation & Modification Order, 2002 hereinafter referred to as the Principal Act, in sub-section (2) the following sub-sections shall be substituted, namely :--
3. (2) The term of office of a Vice-chairman shall be two years and six months from the date of his election or the residue of his term as a member, whichever is less.
4. (3) The provision of aforesaid sub-section
5. (2) shall also apply to the Vice-chairman, who is declared elected in the last election.

Section 47--A of the Principal Act shall be omitted.

48 (Act 11 of 2005). Amendment of Section 48 In Section 48 of the Principal Act—

1. (a) In sub-section(2), in clause (b) after sub-section (viii), the following sub-clauses shall be inserted, namely :--
   • (ix) caused loss or damage to any property of the Municipality; or
   • (x) misappropriated or misused the Municipal fund; or
   • (xi) acted against the interest of the Municipality; or
   • (xii) contravened the provisions of this Act or the rules made thereunder; or
   • (xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated some one to do so; or
   • (xiv) willfully contravened any order or direction of the State Government given under this Act; or
   • (xv) misbehaved without any lawful justification with the officers or employees of the Municipality; or
   • (xvi) disposed off any property belonging to the Municipality for a price less than its market value; or
   • (xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the Municipality.
2. (b) In sub-section (2-A) the proviso shall be omitted.

Section 87-A of the principal Act shall be omitted.

96 (Act 11 of 2005). Amendment of Section 96 of the Principal Act In section 96 of the Principal Act, in sub-section (1), in clause (b)--

1. (a) for the words "ten thousand rupees" the words "fifty thousand rupees" shall be substituted,
2. (b) for the words "three thousand rupees" the words "fifteen thousand rupees" shall be substituted,
3. (c) in the proviso for the words "twenty thousand rupees" the words "one lakh rupees" shall be substituted. 1 (Act 07 of 2023). Short title and commencement

1. (1) This Act may be called the Uttarakhand (Uttar Pradesh Municipalities Act, 1916) (Amendment) Act, 2022.
2. (2) It shall come into force at once. 95 (Act 07 of 2023). Amendment of section 95 In section 95 of the Uttarakhand (Uttar Pradesh Municipalities Act, 1916) (Adaptation and Modification Order, 2002) (hereinafter referred to as the Principal Act),
   • (a) Clause(e) shall be substituted as follows, namely: - "(e) The form and the manner of preparation and maintenance of accounts by way of Accural Based Double Entry Accounting System, the manner by which the State Government may provide for audit of the accounts of the municipality."
   • (b) clause (i). shall be substituted as follows, namely: - "(i) The Financial Statements such as the balance sheet, income and expenditure statement, and receipts and payment account, shall cause to be prepared at the end of each quarter"
   • (c) After clause (j), the following clause (k) shall be inserted, as follows namely:- "(k) Up-to-date and maintenance of a Municipal Accounts Manual containing details of all financial matters and procedures relating thereto in respect of Municipality." 99 (Act 07 of 2023). Amendment of section 99 In section 99 of the principal Act, for sub section (1), the following sub section shall be substituted, namely: - "(1) Every Municipality shall have prepared, and laid before it, at a meeting to be held in every year before such date as is fixed by rule in this behalf, a complete account of the actual and expected receipts and expenditure for the financial year ending on the thirty-first day in the month of March next following such date together with a budget estimate of the income and expenditure of the Municipality for the financial year commencing on the first day in the month of April next following. In the budget, the estimated income, expenditure surplus/deficit shall be clearly displayed under the head of various receipts and payments, opening and closing balance. The receipts and payments shall be classified under four broad heads viz. revenue receipts, revenue expenditure, capital income and capital expenditure." 332A (Act 07 of 2023). Insertion of new section 332A After section 332 of the principal Act, the following section 332A shall be inserted, namely:- "332A. Public disclosure of information.-
3. (1) The Municipality shall maintain and publish its records to disclose the required information at quarterly intervals as mentioned below:-
   • (a) proceedings or substance of proceedings of the Municipality or its Committees;
   • (b) a directory of its officers and employees;
   • (c) the particulars of officers, who grant concessions, permits licenses or provide civic amenities in various departments of the Municipality;
   • (d) audited financial statements of balance sheet, receipts and expenditures and annual budget, etc;
   • (e) the service levels provided for each of the services being undertaken by the Municipality;
   • (f) particulars of all plans, proposed expenditure, actual expenditure on major services provided or activities performed and reports on disbursement made;
   • (g) details of subsidy programms on major services provided on activities performed by the Municipality, and manner and criteria of identification of beneficiaries for such programs;
   • (h) details of programs undertaken by the Municipality;
     • (i) particulars of detailed project report on urban development plans relating to development of the Municipality;
   • (j) the particulars of major construction works, values of construction works, details of time to completion and details of contract;
   • (k) the details of Municipality funds;
     • (i) income generated and realized in the previous year under tax and non-tax heads;
     • (ii) taxes, duties, cess and surcharge, rent, fee from property, permit and license and user charges;
     • (iii) amount against
     • (ii) above, the remain uncollected;
     • (iv) Grants, loans, or devolution of funds from state Government for various purposes and the position of utilization.
   • (l) such other information as may be prescribed by the State Government.
4. (2) Manner of disclosure shall include;-
   • (a) Newspapers;
   • (b) Internet;
   • (c) Notice Boards of Municipality;
   • (d) Zonal Offices;
   • (e) Issue of a Bulletin;
   • (f) Notification in Gazette;
   • (g) Any other mode, as may be prescribed by the State Government." 1 (Act 15 of 2024). Short Title and Commencement
5. (1) This Act may be called the Uttarakhand (Uttar Pradesh Municipality Act, 1916) (Amendment) Act, 2024.
6. (2) It shall come into force at once. 2 (Act 15 of 2024). Amendment in Section 2 In section 2 of the Uttar Pradesh Municipality Act, 1916 (Adaptation and Modification order, 2002) (hereinafter referred to as the principal Act) new clause (28) shall be inserted as follows, namely:- "(28) 'Dedicated Commission' means the Dedicated Commission constituted by the State Government for determining the seats of other Backward Classes;" 9-A (Act 15 of 2024). Amendment of section In the principal Act sub section (1) of section 9-A shall be substituted as follows, namely;
7. (1) In every municipality seats shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and the number of seats so reserved shall be in the same proportion to the total number of seats to be filled by direct election in that municipality as the population of the Scheduled Castes in the municipal area or of the Scheduled Tribes in the municipal area bears to the total population of such area and the number of seats reserved for Backward Classes shall be such as determined by the State Government as per the recommendations made by the Dedicated Commission on the basis of contemporary in-depth empirical investigation and such seats may be allotted to different wards in a municipality by rotation in such order as may be prescribed by the rules; Provided that the total reservation for Scheduled Castes and Scheduled Tribes and Backward Classes shall not exceed 50 percent of total number of seats; Provided further that if the reservation for Schedules Castes and Scheduled Tribes is 50 percent or more of the total number of seats, there shall be no reservation for the Backward Classes; . Provided also that if the data of population of Backward Classes is not available, then their population may be determined by conducting a survey in the prescribed manner." 13-D (Act 15 of 2024). Amendment of Section In the principal Act clause (e) of Section 13-D shall be substituted as follows, namely; "has more than two living children, who were born after April 27, 2003; Provided that the above provision regarding disqualification shall not apply in case of having twin or more children in the second pregnancy after the first child, or," 48 (Act 15 of 2024). Amendment of Section 48 In the principal Act in section 48, -
   • (a) at the end of clause (b) of sub section (2) following proviso shall be inserted as follows, namely: - " Provided that where the State Government has reason to believe that the allegations do not appear to be unfounded and the President or the vice President is prima facie guilty on any ground under this sub section and in consequence of which a show cause notice is issued to him under this sub-section and proceedings are held then from the date of issue of the show cause notice containing the allegations, President or the vice President shall be prevented from exercising, performing and discharging the financial and administrative powers, functions and duties unless he is acquitted of the charges mentioned in the issued show cause notice and the proceedings under clause (a) of sub section (2) are concluded and during such period of prevention the said powers, functions and duties of the President or the vice President shall be exercised, performed and discharged by the District Magistrate or any officer nominated by him not below the level of Deputy Collector: Provided further that those President and vice President found guilty under clause (a) and (b) of sub-section (2) shall not be able to remain a member of the municipality and shall not be eligible for re-election as president or member for a period of five years from the date of conviction."
   • (b) Sub section (3) shall be substituted as follows namely; "the order passed under clause (a) and (b) of sub-section (2) shall be final and shall not be challenged in any court." 128 (Act 15 of 2024). Amendment of section 128 In the principal Act clause (vii) of sub-section (1) of section 128 shall be substituted as follows, namely: "(vii) tax on advertisement, not being advertisement published in newspapers." 7 (Act 15 of 2024). Repeal and Saving
8. (1) The Uttarakhand (Uttar Pradesh Municipality Act, 1916) (Amendment) Ordinance, 2024 is here by repealed.
9. (2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.