The Jharkhand Municipal Act 2011 Complete Act - Citation 135068 - Bare Act

Act Info:

THE JHARKHAND MUNICIPAL ACT, 2011

[Act No. 07 of 2012]

PREAMBLE

An Act to consolidate and amend the Jaws relating to the Municipal Governments in the State of Jharkhand in conformity with the provisions of the Constitution of India as amended by the Constitution (Seventy fourth Amendment) Act, 1992, based on the principles of participation in, and decentralization, autonomy and accountability of, urban self-government at various levels, to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of municipalities, to ensure professionalisation of the municipal personnel, and to provide for matters connected therewith or incidental thereto.

BE it enacted by the Legislature of the State of Jharkhand in the Sixty-one year of the Republic of India as follows:-

Part I - PRELIMINARY

THE JHARKHAND MUNICIPAL ACT, 2011

[Act No. 07 of 2012]

PREAMBLE

BE it enacted by the Legislature of the State of Jharkhand in the Sixty-one year of the Republic of India as follows:-

Chapter I - Chapter 1

THE JHARKHAND MUNICIPAL ACT, 2011

[Act No. 07 of 2012]

PREAMBLE

BE it enacted by the Legislature of the State of Jharkhand in the Sixty-one year of the Republic of India as follows:-

Section 1 - Short title, extent and commencement

(1) This Act may be called the Jharkhand Municipal Act, 2011.

(2) It shall extend to the whole of the State of Jharkhand excluding cantonment areas therein.

(3) The provisions of the Act shall come into force on such date as the State Government may, by notification, appoint in this behalf.

Section 2 - Definitions

In this Act, unless the context otherwise requires -

(1) "Ad hoc Committee" means an Ad hoc committee appointed under section 47 of this Act;

(2) "Administrator" means any officer appointed by the State Government to exercise the powers and perform the functions and discharge duties conferred or imposed on the municipalities, the Standing Committee and the Municipal Commissioner or the Executive Officer, by or under this Act;

(3) "Advertisement" means any word, letter, model, sign, placard, board, notice, device, or representation whether illuminated or not, in the nature of and employed, wholly or in part, for the purpose of advertisement, announcement or direction and includes any hoarding or similar structure used or adapted to be used for the display of advertisement;

(4) "Advertiser" means a person who has been permitted, or has applied, under the rules, to display advertisement by writing or exhibiting by hanging or pasting or putting up a board or hoarding and, also includes an agent, representative or servant of such person;

(5) "Annual Rental Value" of a holding means the gross annual rental at which a holding may reasonably be expected to be let out.

(6) "Archaeological site" means an area in which archaeological relies are situated;

(7) "Architect" means an architect duly registered with Indian Council of Architects;

(8) "Area Sabha" means an Area Sabha constituted under section 39 of this Act,

(9) "Assessment list" means any municipal assessment register referred to under this Act, and includes any register subsidiary thereto;

(10) "Auditor" means an Auditor appointed under section 117 of this Act, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;

(11) "Backward Classes" means any socially and educationally Backward Classes of citizens recognized by the Government for purposes of clause (4) of Article 15 of the Constitution of India;

(12) "Balance sheet" means the balance sheet prepared under section 115 of this Act,

(13) "Bio-medical waste" means any waste generated during diagnosis, treatment, immunization or any health services of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals,

(14) "Bridge" includes culvert;

(15) "Budget estimate" means the budget estimate prepared under section 108 of this Act;

(16) "Budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the municipality, and includes any sum by which such budget grant is increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the rules and the regulations made thereunder;

(17) "Building" means a structure constructed for whatever purpose and of whatever materials, and includes the foundation, plinth, walls, floors, roofs, chimneys, fixed platforms, verandas, balconies, cornices or projections or part of a building or anything affixed thereto or any wail (other than a boundary wall of less than three meters in height) enclosing, or intended to enclose, any land, sign or outdoor display-structure but does not include a tent, shamiana or tarpaulin shelter;

(18) "Building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street, existing or proposed and sanctioned;

(19) "Regulation" means a regulation made under the provisions of this Act,

(20) "Candidate" means a person who has been duly nominated or claimed to have been duly nominated as a candidate of any election,

(21) "Carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes an in-rickshaw, cycle-rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of children or elderly, infirm or handicapped persons;

(22) "Cart" means any cart, hackney or wheeled vehicle with or without springs, which is not a carriage, and includes a hand-cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;

(23) "Casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office, and 'casual election' means an election held to fill a casual vacancy;

(24) "Cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from building;

(25) "Charitable purpose" includes the maintenance of an educational institution and the hostels attached thereto, which, though wholly or partly self-supporting, is maintained without the purpose of profit;

(26) "Chairperson" and "Vice-Chairperson" mean -

(a) in relation to a Municipal Corporation, the Mayor and the Deputy Mayor respectively; and

(b) in relation to a Municipal Council, and a Nagar Panchayat, the Chairperson and the Vice-Chairperson respectively;

(27) "Commercial building" means any building, which is used or occupied for carrying on any trade or commerce or industry or any work connected therewith or incidental or ancillary thereto;

(28) "Commercial Holding" means any holding or part of a holding which is used for display storage or sale of goods, either wholesale or retail, or a holding which is used for providing any service in lieu of payment. This also includes private educational institution, coaching centres etc. to whom Government does not provide any assistance whatsoever.

(29) "Company" means

(a) a company as defined in section 3 of the Companies Act, 1956 and includes a foreign company within the meaning of section 591 of that Act;

(b) a co-operative society registered or deemed to be registered under the relevant provisions of the Co-operative Societies Act;

(d) a firm or association carrying on business in this State whether incorporated or not and whether its principal place of business is situated in the State or not;

(30) "Compound" means land, whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;

(31) "Conservancy" means the removal and disposal of sewage, offensive matter and rubbish; etc;

(32) "Council" means the Council constituted for each municipality under section 15 of this Act;

(33) "Councillor", in relation to a municipality means a person chosen by direct election from a Ward of that municipality;

(34) "Cubical extent" with reference to the measurement of a building, means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest storey, or where the building consists of one story only, the upper surface of its floor;

(35) "Dangerous disease" means -

(a) cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; or

(b) any other epidemic, endemic, or infectious disease which the Government may, by notification, declare to be a dangerous disease for the purposes of this Act;

(36) "Deputy Commissioner" means the Deputy Commissioner of the district in which the municipality is situated;

(37) "Development Plan / Master Plan" means the draft Development Plan/Master Plan and the final Development Plan/Master Plan prepared under this Act;

(38) "Director of Municipal Administration " means an officer appointed as such by the Government, and includes an Additional Director, a Joint Director, a Deputy Director, or any other officer of the Government authorized by it to perform the functions of the Director of Municipal Administration under this Act;

(39) "District Planning Committee" means the committee constituted in pursuance of Article 243-ZD of the Constitution and referred to in section 383 of this Act to consolidate the plans prepared by the Panchayats and the municipalities in the district;

(40) "Divisional Commissioner" means the Divisional Commissioner of the division in which the municipality is situated;

(41) "Drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying off sullage, sewage, offensive matter, polluted water, rainwater or sub-soil water;

(42) "Dwelling-house" means a masonry building constructed, used, or adapted to be used, wholly or principally for human habitation;

(43) "Election" means an election to fill any vacancy in the office of Mayor, Deputy Mayor, Chairperson and Vice-Chairperson and the Councillor of any municipality;

(44) "Elector", in relation to a ward, means a person whose name is for the time being entered in the electoral roll of that ward;

(45) "Essential service" means the service in connection with the pumping stations, drainage, conservancy or water supply of the municipality and any such other service as may be notified by the Government;

(46) "Executive Officer" means a person appointed by the Government in relation to a Municipal Council, or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat;

(47) "Factory" means a factory as defined in the Factories Act, 1948;

(48) "Filth" means

(a) night soil or other contents of latrines, cesspools and drains;

(b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and

(49) "Finance Commission" means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act;

(50) "Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery, flavouring and colouring matters, spices and condiments;

(51) "Footpath" means a pavement, for use by pedestrians;

(52) "Goods" include animals;

(53) "Government" means the State Government of Jharkhand;

(54) "Holding" means land held under one title or agreement and surrounded by one set of boundaries:

Provided that, where two or more adjoining holdings held by the same owner form part and parcel of the site or premises of an apartment and a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purposes of this Act:

Explanation- Holdings separated by a road or other means of communication shall be deemed adjoining within the meaning of this clause:

Provided further that where any building is capable of being enjoyed separately in parts, or where portions of such building are owned separately by different persons, or where the building comprises self contained and independent units, each of such parts, portions or units shall, on application by the owners, be deemed, to be a separate holding; (55) "House-drain" means any drain of one or more premises used for the drainage of such premises;

(56) "House-gully" means a passage or a strip of land constructed, set apart or utilized for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter for municipal employees or for persons employed in the cleaning thereof or removal of such matter therefrom, and includes the air space above such passage or land;

(57) "Hut" means any building, no substantial part of which, excluding the walls upto a height of fifty centimeters above the floor or floor level, is constructed of masonry, reinforced concrete, steel, iron or other metal;

(58) "Industrial township" means such urban area or part thereof as the Government may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as it may deem fit, by notification, specify to be an Industrial Township;

(59) "Infectious disease" or "communicable disease" means any disease, which may be transmitted from one person to another and declared as such by the Government by notification;

(60) "Larger urban area" means municipal area classified as a larger urban area under section 8 of this Act;

(61) "Licensed plumber", "licensed surveyor", "licensed architect", "licensed engineer", "licensed structural designer" and "licensed clerk of works" respectively, means a person licensed by the municipality as a plumber, surveyor, architect, engineer, structural designer or clerk of works under this Act;

(62) "Market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruits, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the municipality as a market;

(63) "Master plan" means a comprehensive plan showing therein the existing and proposed location and general layout of -

(a) arterial streets and transportation lines,

(b) residential sections,

(d) industrial areas,

(e) educational institutions,

(f) public parks, playgrounds and other recreational places,

(g) public and semi-public buildings, and

(h) any other places put to any specified use;

(64) "Metropolitan Planning Committee" means a committee constituted in pursuance of Article 243ZE of the Constitution of India and referred to in section 384 of this Act to prepare a draft development plan for the Metropolitan area as a whole;

(65) "Milk" includes cream, skimmed milk, separated milk, and condensed, sterilized, desiccated or toned milk,

(66) "Municipal Commissioner" means a person appointed by the Government; in relation to a Municipal Corporation, the Municipal Commissioner of the Municipal Corporation,

(67) "Municipality" means an institution of self-government and includes Municipal Corporation, Municipal Council, and Nagar Panchayat constituted under this Act;

(68) "Municipal Accounts Committee" means a Municipal Accounts Committee constituted under section 124 of this Act;

(69) "Municipal Accounting Manual" means the Municipal Accounting Manual prepared and maintained under section 113 of this Act;

(70) "Municipal Fund" means the Municipal Fund referred to in section 99 of this Act;

(71) "Notification" means a notification published by the Government in the Official Gazette;

(72) "Nuisance" includes any act, omission, place or thing which causes, or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing, or disturbance to rest or sleep, or which is, or may be, dangerous to life or injurious to health or property;

(73) "Occupier" includes any person for the time being is paying or is liable to pay, to the owner the rent or any portion of the rent of the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building and also includes a rent-free tenant:

Provided that an owner living in, or otherwise using, his own land or building shall be deemed to be the occupier;

(74) "Offensive matter" means kitchen or stable refuse, dung, dirt, putrid or putrefying substance, or filth of any kind which is not included in sewage;

(75) "Ombudsman" means an authority constituted for the municipalities for conducting investigation and enquiries in respect of, or involving corruption, maladministration etc.

(76) "Owner" includes the person for the time being receiving rent of any land or building or of any part of any land or building, whether on his own account or as an agent or trust for any person or society or for any religious or charitable purpose or as a receiver who would receive such rent if the land or the building or of any part of the land or the building were let to a tenant; and also includes with reference to any animal, vessel or boat etc. who for the time being is in the change of such object.

(77) "Platform" means any structure which is placed on or covers or projects over any street or any open drain and includes balconies or other extension of buildings projecting at any height over such street or drain;

(78) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;

(79) "Premises" means any land or building / land or part of a building or any hut or part of a hut, and includes -

(a) the garden, ground and outhouses, if any, appertaining thereto, and

(b) any fittings or Fixtures affixed to a building or part of a building or land or hut or part of a hut for the more beneficial enjoyment thereof;

(80) "Prescribed" means prescribed by rules made by the Government under this Act;

(81) "Public place" means a space, not being private property, which is open to the use or enjoyment of the public whether such space is vested in the municipality or not;

(82) "Public securities" means-,

(a) securities of the Central Government or any State Government,

(b) securities, stocks, debentures or shares, the interest whereon has been guaranteed by the Central or the State Government,

(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of India,

(d) securities expressly authorized by any order which the Government makes in this behalf;

(83) "Public Service Commission" means the Public Service Commission for the State of Jharkhand constituted under Article 315 of the Constitution of India;

(84) "Public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes -

(a) the access or approach to a public ferry,

(b) the roadway over any public bridge or causeway,

(d) the passage connecting to public streets, and

(e) the drains attached to any such street, public bridge or causeway, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land upto the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or, where a street alignment has been fixed, upto such alignment;

(85) "Regulations" means the regulations made by a municipality under this Act;

(86) "Rules" means the rules made by the Government under this Act;

(87) "Scheduled Caste" means such castes, races or tribes or parts of or groups within such castes, races or tribes as are notified to be Scheduled Castes under Article 341 of the Constitution of India;

(88) "Scheduled Tribes" means such tribes, or tribal communities or parts of or groups within such tribes or tribal communities as are notified to be Scheduled Tribes under Article 342 of the Constitution of India;

(89) "Sewage" means night soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;

(90) "Slaughter house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs for the purpose of selling the flesh thereof as meat;

(91) "Smaller Urban Area" means a municipal area classified as a smaller urban area under section 8 of this Act,

(92) "State Election Commission" means the State Election Commission referred to in Article 243-K and Article 243 -ZA of the Constitution of India and under Section 17 of this Act,

(93) "State Government" means the Government of Jharkhand;

(94) "Street" means a public street or a private street, and includes any highway and any causeway, bridge, viaduct, arch, road, lane, foot-way, subway, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years, and, when there is a foot-way as well as a carriage way in any street, the said term includes both;

(95) "Street alignment" means the line dividing the lands comprised in and forming part of a street from the adjoining land;

(96) "Trade effluent" means any liquid, either with or without particles of matter in suspension therein, which is so wholly or in part produced in the course of any trade or industry carried on at trade premises and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage;

(97) "Ward" means the territorial constituency of municipality divided under section 15 of this Act;

(98) "Ward Committee" means a Ward Committee constituted under section 34 of this Act;

(99) "Water course" includes a river, stream or channel whether natural or artificial;

(100) "Year" means a financial year beginning on the first day of April.

(101) "Zonal Committee" means the Zonal Committee constituted in a municipality under section 49 of this Act.

Part II - CONSTITUTION OF MUNICIPALITIES