| THE CHHATTISGARH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2012 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| THE CHHATTISGARH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2012 [Act No. 18 of 2012] PREAMBLE An Act further to amend the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956). Be it enacted by the Chhattisgarh Legislature in the Sixty-third year of the Republic of India, as follows :-- Section 1 - Short title and commencement (1) This Act may be called the Chhattisgarh Municipal Corporation (Amendment) Act, 2012. (2) It shall come into force from the date of its publication in the Official Gazette. Section 2 - Amendment of Section 5 (i) In Section 5 of the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956) (hereinafter referred to as the Principal Act), exiting sub-section (18-a) shall be renumbered as "(18-b)". (ii) After sub-section (18) of Section 5 of the Principal Act, the following shall be inserted, namely :-- "(18-a) 'Director' means the Director of Urban Administration and Development, appointed by the State Government;" (iii) After sub-section (19) of Section 5, the following shall be inserted, namely :-- "(19-a) "Divisional Commissioner" means the Divisional Commissioner appointed by the State Government under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959)." (iv) After sub-section (49) of Section 5, the following shall be inserted, namely :-- "(49-a) "Registered Architect/Structural Engineer/Engineer" means the same as defined in Chhattisgarh Bhumi Vikas Niyam. 1984, framed under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);" (v) After sub-section (54-a) of Section 5, the following shall be inserted, namely :-- "(54-b) "Social Audit" means the review of the impact of policies, programmes, schemes or procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area within which such review is conducted:" (vi) After sub-section (57) of Section 5, the following shall be inserted, namely :-- "(57-a) "User Charges" means the charges imposed under Section 132-A for services rendered or are proposed to be rendered by the Corporation;" Section 3 - Amendment of Section 19 After clause (a) of sub-section (1) of Section 19 of the Principal Act, the following shall he inserted, namely :-- "(a-1) if it is found that he does not belong to the reserved category for which the seat was reserve, or;" Section 4 - Amendment of Section 19-B In sub-section (1) of Section 19-B of the Principal Act, for the words "or the rules made thereunder" the words "or the rules made thereunder or if it is found that the Mayor does not belong to the reserved category for which the seat was reserved," shall be substituted. Section 5 - Amendment of Section 25-B In Section 25-B of the Principal Act, for the word "Remuneration" the word "Honorarium" shall be substituted. Section 6 - Amendment of Section 29 (i) For sub-section (2) of Section 29 of the Principal Act, the following shall be substituted, namely :-- "(2) The date of every meeting except the meeting referred to in Section 18 and 23-A, shall be fixed by the Speaker with the consent of the Mayor or in the event of his being incapable of acting, by the Mayor: Provided that if the date of the meeting is not fixed by the Speaker or the Mayor, as the case may be, the Divisional Commissioner shall fix the date of the meeting under intimation to the State Government." (ii) After sub-section (4) of Section 29, the following shall be inserted, namely:-- "(5) The process of preparing the agenda for the meeting shall be as may be prescribed by the State Government." Section 7 - Amendment of Section 53 For Section 53 of the Principal Act, the following shall be substituted, namely :-- "53. Minutes of the meeting,--Minutes of the proceedings of every Meeting of the Corporation, Mayor-in-Council or any committee shall be recorded in such manner as may be prescribed." Section 8 - Amendment of Section 60 In sub-section (6) of Section 60 of the Principal Act, for the words "the State Public Service Commission" wherever they occur the words "the Divisional Commissioner" shall be substituted. Section 9 - Amendment of Section 68 In sub-section (1) of Section 68 of the Principal Act, for the word "Schedule" the word and figure "Schedule-I" shall be substituted. Section 10 - Insertion of Section 130-C After Section 130-B of the Principal Act, the following shall be inserted, namely :-- "130-C. Social Audit,--Notwithstanding anything contained in this Act, the Municipal Corporation shall arrange for Social Audit in such manner as may be prescribed by the State Government." Section 11 - Insertion of Section 132-A After Section 132 of the Principal Act, the following shall be inserted, namely :-- "132-A. Imposition of User Charges.-- (1) Notwithstanding anything contained in Section 132, the Corporation shall subject to any general or special order which the State Government may make in this regard, levy user charges for the services mentioned in sub-section (2) in the following circumstances, namely :-- (a) When it introduces a new system or project for improved service delivery; (b) when a service is improved in terms of service levels. (2) The uses charges under sub-section (1) may be levied on one or more of the following services, namely :-- (a) water supply; (b) drainage or sewerage disposal and/or treatment. (c) door-to-door collection of solid waste, and/or scientific system for disposal of municipal waste; (d) any other new service rendered by the Corporation. (3) User charges may be levied on the municipal area or any part thereof as may be specified by the Corporation on specific areas of the city where the service referred to under sub-section (1) is provided." Section 12 - Amendment of Section 134 In clause (6) of. Section 134 of the Principal Act, after the words "of rent due in respect of the property" the words "and/or attachment and sale of his movable and/or immovable property;" shall be added. Section 13 - Amendment of Section 136 (i) For clause (b) and proviso of Section 136 of the Principal Act, the following shall be substituted, namely :-- "(b) all kutcha dwelling units having country tile (Kawely) roof and measuring not more than 500 square feet and all buildings and lands belonging to or occupied by the urban poor as may be exempted by the State Government through notification." (ii) For clause (c) of Section 136, the following shall be substituted, namely :-- "(c) educational institutions of Government of India, State Government, Municipal Corporations, registered Charitable Trusts, educational institutions registered under Section 12A of the Income Tax Act, 1961, shall be wholly exempted and other educational institutions may be given a rebate of up to fifty percent of the property tax as assessed by the Corporation in accordance with norms that may be prescribed by the State Government." (iii) For clause (f) of Section 136, the following shall be substituted namely :-- "(f) buildings and lands owned by widows or minors or persons with disability as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), to the extent as may be prescribed." (iv) For clause (h) of Section 136 the following shall be substituted, namely :-- "(h) buildings and lands owned by blind persons and abandoned women, to the extent as may be prescribed." (v) Clause (j) of Section 136, of the Principal Act shall be omitted. Section 14 - Amendment of Section 137 For Section 137 of the Principal Act, the following shall be substituted, namely :-- "137. Discount on Property Tax.-- (1) Notwithstanding anything contained in sections 135 and 136 of this Act, the Corporation shall have power to grant such discount on Property Tax as it may deem fit, and the State Government may prescribe, taking into consideration the financial condition of a Corporation, a ceiling on the maximum discount that may be granted by such Corporation." Section 15 - Amendment of Section 138 (i) In sub-section (1) of Section 138 of the Principal Act, for the words "on the basis of per square foot of the carpet area" the words "on the basis of per square meter of the built-up-area" shall be substituted. (ii) After sub-section (1) of Section 138, the following shall be inserted, namely :-- "(1-a) The draft resolution mentioned in sub-section (1) shall be prepared and submitted by the Commissioner for the financial year next on or before 31st December of each financial year, and in case the Corporation fails to adopt the resolution by the last day of February of that financial year, the resolution shall be approved by the Mayor and shall be deemed to be the resolution finally adopted by the Corporation : Provided that if the Mayor does not approve the draft resolution prepared by the Commissioner by 31st March of a financial year, then the draft resolution as prepared by the Commissioner shall be deemed to be the resolution finally adopted by the Corporation," (iii) After sub-section (2) of Section 138, the following shall be inserted, namely :-- "(2-a) If the self-assessment statement is not submitted by a person liable to submit it before 31st March, a penalty of one thousand rupees shall be imposed for the lapse." (iv) For sub-section (3) of Section 138, the following shall be substituted, namely :-- "(3) The variation upto ten percent on lower side in the assessment made under sub-section (2) shall be ignored for the purpose of penalty, provided the assessee pays the amount of short-payment within two weeks of the assessment order with surcharge at the rate of two percent for every month between the date when the tax was due and the date of deposit of the amount of variation, and in cases where the variation is more than ten percent, the owner of the land and/or building, as the case may be shall be liable to pay penalty equal to five times the difference of self-assessment made by him and the assessment made by the Corporation, apart from surcharge at the rate of two percent for every month between the date when the lax was due and the date of deposit of the amount of variation." (v) For sub-section (4) of Section 138, the following shall be substituted, namely :-- "(4) An appeal against the order passed under sub-section (3) shall lie to the Mayor-in Council: Provided that no appeal under this sub-section shall be admitted unless accompanied by proof of payment under protest of the amount demanded in the order under sub-section (3)." Section 16 - Amendment of Section 142 In sub-section (3) of Section 142 of the Principal Act, for the words "not exceeding one hundred rupees" the words "according to Schedule-II" shall be substituted. Section 17 - Amendment of Section 165 In sub-section (2) of section 165 of the Principal Act, for the words "may extend to one hundred rupees" the words "shall be according to Schedule-II" shall be substituted. Section 18 - Amendment of Section 166 In Section 166 of the Principal Act, for the words "may extend to one hundred rupees" the words "shall be according to Schedule-II" shall be substituted. Section 19 - Amendment of Section 199 In sub-section (2) of Section 199 of the Principal Act, for the words "fifty rupees" and "five rupees" the words "five hundred rupees" and "fifty rupees" shall be substituted respectively. Section 20 - Amendment of Section 200 In Section 200 of the Principal Act, for the words "may extend to twenty rupees the words "shall be according to Schedule-II" shall be substituted. Section 21 - Amendment of Section 201 In Section 201 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 22 - Amendment of Section 236 In sub-section (2) of Section 236 of the Principal Act, for the words "not exceeding fifty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 23 - Amendment of Section 252 In sub-section (2) of Section 252 of the Principal Act, for the words "two hundred rupees" and "fifty rupees" the words "two thousand rupees" and "two hundred rupees" shall be substituted respectively. Section 24 - Amendment of Section 257 In sub-section (5) of Section 257 of the Principal Act, for the words "may extend to fifty rupees" the, words "shall be according to Schedule-II" shall be substituted. Section 25 - Amendment of Section 258 In sub-section (4) of Section 258 of the Principal Act, for the words "may extend to ten rupees" the words "shall be according to Schedule-II" shall be substituted. Section 26 - Amendment of Section 272 In clause (c) of Section 272 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-IP' shall be substituted. Section 27 - Amendment of Section 294 After sub-section (4) of Section 294 of the Principal Act, the following shall be inserted, namely :-- "(5) Within the limits prescribed for them, the powers of the Commissioner under this Section may be exercised by Registered Architect/Structural Engineer/Engineer registered with the Corporation for this purpose" Section 28 - Amendment of Section 297 In Section 297 of the Principal Act, after the word "Commissioner" wherever it occurs, the words and comma "or, as the case may be, a Registered Architect/Structural Engineer/Engineer to the extent he has been authorized," shall be inserted. Section 29 - Amendment of Section 299 In Section 299 of the Principal Act, after the word "Commissioner" wherever it occurs, the words and comma "or, as the case may be, a Registered Architect/Structural Engineer/Engineer to the extent he has been authorized," shall be inserted. Section 30 - Amendment of Section 299-A After proviso to Section 299-A of the Principal Act, the following proviso shall be inserted, namely :-- "Provided further that in such cases where the permission was granted by a Registered Architect/Structural Engineer/Engineer, the power to cancel or to revise the permission under this Section shall lie with the Commissioner." Section 31 - Amendment of Section 302 In sub-section (2) of Section 302 of the Principal Act, for the words "one thousand rupees" and "fifty rupees" the words "five thousand rupees" and "two hundred rupees" shall be substituted respectively. Section 32 - Amendment of Section 308-A For Section 308-A of the Principal Act, the following shall be substituted, namely :-- "308-A. Compounding of offences of construction of buildings without permission.-- (1) Notwithstanding anything contained in this Act or any other Act, for the time being in force or any rules or bye-laws made thereunder, the Commissioner may compound the offence of constructing buildings without permission or contrary to the permission granted if-- (a) such construction does not affect the regular building line; (b) the unauthorized construction made in the marginal open spaces or in excess of the prescribed floor area ratio does not exceed ten percent of the prescribed floor area ratio: (C) such construction does not come within the area notified by the State Government as a hill station or as a place of tourist importance or as sensitive from the point of ecology; (d) such construction does not come within the area specified for parking of vehicles; (e) such construction does not come within the boundary of roads or within the area affecting alignment of public roads; (f) such construction does not come within the area specified for Tanks (talab); (g) such construction does not come within thirty meters or such further distance from the river bank as may be specified in the master plan area; (h) such construction does not come within the area of any nullah and water stream : Provided that in compounding the cases, fees shall be charged, as under in respect of the area of unauthorized construction on the basis of the current rate of sale of land determined by the Collector of Stamps for the area concerned :-- (a) if the construction relates to a plot of one hundred square meter, ten percent of the rate of sale in respect of residential buildings and fifteen percent of the rate of sale in respect of non-residential houses/buildings; (b) if the construction relates to a plot exceeding one hundred square meter, but does not exceed two hundred square meter, twenty percent of the rate of sale in respect of residential buildings and thirty percent of the rate of sale in respect of nonresidential buildings ; (c) if the construction relates to a plot exceeding two hundred square meter but does not exceed three hundred fifty square meter, thirty percent of the rate of sale in respect of residential buildings and forty five percent of rate of sale in respect of nonresidential buildings; (d) if the construction relates to a plot exceeding three hundred fifty square meter, fifty percent of the rate of sale, in respect of residential building and seventy-five percent of the rate of sale, in respect of non-residential buildings: Provided also that nothing contained in this section shall apply to any person who does not have any right over the building or the land on which such construction has been made. (2) The compounding fee under sub-section (1) shall be charged on the unauthorized construction and not on the entire building." Section 33 - Amendment of Section 332 In sub-section (4) of Section 332 of the Principal Act, for the words "may extend to fifty rupees" and "may extend to five rupees" the words "shall be according to Schedule-II" and "shall be according to Schedule-II" shall be substituted respectively. Section 34 - Amendment of Section 334 In the Section 334 of the Principal Act, for the words "may extend to ten rupees" the words "shall be according to Schedule-II" shall be substituted. Section 35 - Amendment of Section 335 In sub-section (1) of Section 335 of the Principal Act, for the words "may extend to twenty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 36 - Amendment of Section 336 (i) In sub-section (1) of Section 336 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-II" shall be substituted. (ii) In sub-section (2) of Section 336, for the words "may extend to one hundred rupees" the words "shall be according to Schedule-II" shall be substituted. Section 37 - Amendment of Section 340 In sub-section (1) of Section 340 of the Principal Act, for the words "may extend to twenty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 38 - Amendment of Section 341 In Section 341 of the Principal Act, for the words "may extend to five rupees" the words "shall be according to Schedule-II" shall be substituted. Section 39 - Amendment of Section 343 In sub-section (3) of Section 343 of the Principal Act, for the words "fifty rupees" and "five rupees" the words "five hundred rupees" and "fifty rupees" shall be substituted respectively. Section 40 - Amendment of Section 344 In Section 344 of the Principal Act, for the words "may extend to twenty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 41 - Amendment of Section 345 In Section 345 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 42 - Amendment of Section 346-A In Section 346-A of the Principal Act, for the words "may extend to twenty five rupees" the words "shall be according to Schedule-II" shall be substituted. Section 43 - Amendment of Section 356 In clause (b) of Section 356 of the Principal Act, for the words "may extend to twenty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 44 - Amendment of Section 357 In Section 357 of the Principal Act, for the words "may extend to twenty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 45 - Amendment of Section 358 In Section 358 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 46 - Amendment of Section 360 (i) In sub-section (1) of Section 360 of the Principal Act, for the words "not exceeding of fifty rupees" the words "which shall be according to Schedule-II" shall be substituted. (ii) In sub-section (3) of Section 360, for the words "may extend to one hundred rupees" the words "shall be according to Schedule-II shall be submitted. (iii) In sub-section (5) of Section 360, for the words "may extend to one hundred rupees" the words "shall be according to Schedule-II" shall be substituted. Section 47 - Amendment of Section 361 In Section 361 of the Principal Act, for the words "not exceeding one hundred rupees" the words "which shall be according to Schedule-II" shall be substituted. Section 48 - Amendment of Section 362 In sub-section (2) of Section 362 of the Principal Act, for the words "five hundred rupees" and "fifty rupees" the words "five thousand rupees" and "five hundred rupees" shall be substituted respectively. Section 49 - Amendment of Section 363 In Section 363 of the Principal Act, for the words "not exceeding twenty-five rupees" the words "which shall be according to Schedule-II" shall be substituted. Section 50 - Amendment of Section 399 In Section 399 of the Principal Act, for the words "may extend to fifty rupees" the words "shall be according to Schedule-II" shall be substituted. Section 51 - Amendment of Section 428 (i) In clause (a) of sub-section (1) of Section 428 of the Principal Act, for the words "five hundred rupees" and "ten rupees" the words "five thousand rupees" and "one hundred rupees" shall be substituted respectively. (ii) In clause (b) of sub-section (1) of Section 428 for the words "may extend to ten rupees" the words "shall be according to Schedule-II" shall be substituted. Section 52 - Amendment of Section 433 After sub-section (2) of Section 433 of the Principal Act, the following shall be inserted, namely :-- "(3) All rules made under this Act shall be laid on the table of the Legislative Assembly as soon as possible while it is in Session, but not later than the last scheduled day of the Session next, following the date of notification." Section 53 - Amendment of Section 434 For the existing table of sub-section (2) of Election 434 of the Principal Act, the following shall be substituted, namely:-- TABLE
Section 54 - Amendment of Section 435 In Section 435 of the Principal Act, for the words "may extend to one thousand rupees" the words "shall be according to Schedule-II" shall be substituted. Section 55 - Amendment of Section 437 In Section 437 of the Principal Act, for the words "may extend to one thousand rupees" the words "shall be according to Schedule-II" shall be substituted. Section 56 - Amendment of Section 438 In Section 438 of the Principal Act, for the words "or with fine or with both" the words "or with fine which may extend to one thousand rupees or with both." shall be substituted. Section 57 - Amendment of Section 439 In sub-section (1) of Section 439 of the Principal Act, for the words "or with fine, or with both" the words or with fine which may extend to one thousand rupees or with both." shall be substituted. Section 58 - Amendment of Section 440 In Section 440 of the. Principal Act, for the words "fifty rupees" and "twenty rupees" the words "one thousand rupees" and "two hundred rupees" shall be substituted respectively. Section 59 - Re-numbering of Schedule The Schedule after Section 443 of the Principal Act shall be re-numbered as "Schedule-I". Section 60 - Insertion of new Schedule After Schedule-I of the Principal Act, the following shall be inserted, namely :-- "SCHEDULE-II
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| Chhatisgarh State Acts |