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JKMC Act
Section 127

JKMC Act

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Chapter 0Preliminary

1Short title, extent and commencement
2Definitions
3Declaration of Municipal Corporation area as Corporation
4In Corporation and Constitution of Corporation
5Duration of the Corporation
6Delimitation of Ward
7Qualifications for Councillors
8Disqualification of Councillors
9Election to the Corporation
10Reservation of Seats
10-AReservation of seats for certain categories
11Right of Vote
12Filling of casual vacancies
13Publication of results of elections
14Election Petition
15Relief that may be claimed by the petitioner
16Grounds for declaring election to be void
17Procedure to be followed by the prescribed authority
18Decision of prescribed authority
19Procedure in case of equality of votes
20Finality of decision
21Corrupt practices
22Maintenance of secrecy of voting
23Officers etc. at elections not to act for candidates or to influence voting
24Prohibition of canvassing in or near polling station and of public meeting on election day
25Penalty for disorderly conduct in or near polling station
26Penalty for misconduct at the polling station
27Breaches of official duty in connection with election
28Removal of ballot papers from Polling Station to be an offence
29Offence of booth capturing
30Other offence and penalties
31Power to make rules regulating the election of Councillors
32Bar to interference by Courts in electoral matters
33Oath of affirmation by Councillor
34Removal of or resignation by Councillors
34-ADisqualification on ground of defection
34-BBDisqualification on the ground of defection not to apply in case of split
34-BDisqualification on ground of defection not to apply in case of merger
34-CDecision on question as to disqualification on ground of defection
34-DAppeals
34-EBar of Jurisdiction
35Payment of allowances to Councillors
36Annual election of Mayor, Deputy Mayor and their term of office
37Motion of No-confidence against Mayor or Deputy Mayor
38Discharge of functions of the Mayor by Deputy Mayor
39Resignation of Mayor and Deputy Mayor
39-AConstitution of Ward Committees
39-BConstitution of Area Sabha
40Standing Committees

Chapter IIIFunctions of the Corporation

41General powers of Corporations
42Functions of Corporations to be entrusted by Governments
43Obligatory functions of the Corporation
44Discretionary functions of the Corporation

Chapter IVMunicipal Authorities Under the Corporation

45Appointment of Commissioner
46Appointment of Joint/Assistant Commissioner and certain other officers
47Salary and Allowances of Commissioners
48Leave, etc. to Commissioner
49Contribution by Corporation
50Functions of the Commissioner
51Power of the Corporation to require Commissioner to produce documents and furnish returns, reports etc
52Exercise of power to be subject to sanction

Chapter VTransaction of Business by the Corporation

53Meetings
54First Meeting of the Corporation after general elections for election of Mayor
55Notice of meetings and business
56Quorum
57Presiding Officer
58Method of deciding question
59Maintenance of order at and admission of public to meetings
60Councillors not to vote on matter in which he is interested
61Right to attend meetings of Corporation and its committees etc. and right of Councillor to ask the questions
62Power to make regulations
63Keeping of minutes and proceedings
64Circulation of minutes and inspection of minutes and reports of proceeding
65Forwarding minutes and reports of proceedings to Government
66Validation of proceedings etc

Chapter VICorporation Officers and Other Corporation Employees

67Posts in Corporation and appointments thereto
67-AStaff
68Officers and other employees not to be interested in any contract etc. with Corporation

Chapter VIIRevenue and Expenditure

69Constitution of Corporation Fund
69-AConstitution of Basic Services Fund
70Corporation Fund to be kept in Jammu and Kashmir Bank or in a Scheduled Bank or in a Government Treasury
71Operation of accounts with banks
72Payment not to be made unless covered by a budget grant
73Duty of persons signing cheques
74Procedure when money not covered by a budget grant is expended
75Application of Corporation Fund
76Payments from Corporation Fund for works urgently required for public works
77Investment of surplus money
78Constitution of special funds
79Finance Commission
80Budget Estimates
81Power of Corporation to alter budget estimates
82Power of Corporation to readjust income and expenditure during the year
83Provisions as to un-expended budget grant
83-AReservation of land for housing to economically weaker sections and low income groups
83-BIdentification of eligible persons and determination of cost of land or houses
83-CIncentives to developers
83-DNon-residential development
83-EUtilization of shelter fee

Chapter VIIITaxes and Fees

84Taxes, etc. to be imposes by Corporation under this Act and arrangement of certain taxes collected by Government
85Fees that may be charged by the Corporation
86Components and rates of taxes of lands and buildings
87Premises in respect of which water tax or charges are to be levied
88Determination of rateable value of lands and buildings assessable to taxes
89Taxation of Union Properties
90Incidence of taxes on lands and buildings
91Apportionment of liability of taxes on lands and buildings when premises assessed are let or sub-let
92Recovery of taxes on lands and buildings from occupiers
93Taxes on lands and buildings as first charge on premises on which they are assessed
94Assessment list
95Evidentiary value of assessment list
96Amendment of assessment list
97Preparation of new assessment list
98Notice of transfers
99Notice of erection of building etc
100Notice of demolition or removal of building
101Power of Commissioner to call for information
102Premises owned by or let to, two or more persons in severally to be ordinarily assessed as one property
103Assessment in case of amalgamation of premises
104Power of Commissioner to assess separately out houses and portion of building
105Powers of Commissioner to employ valuers
106Recovery of tolls or taxes
107Tax on vehicles and animals
108Tax on whom leviable
109Exemption from taxes on vehicles and animals
110Levy of development tax
111Amount of development tax
112Payment of development tax
113Notice on completion of scheme
114Assessment of development tax
115Tax on advertisements
116Prohibition of advertisement without written permission of Commissioner
117Permission of Commissioner to become void in certain cases
118Presumption in case of contravention
119Power of Commissioner in case of contravention
120Fee on building applications
121Time and manner of payment of taxes or fees
122Presentation of bill of tax or fee
123Consequences of the failure to pay tax or fee within thirty days
124Manner of recovering tax or fee
125Power of seizure of vehicles and animals in case of non-payment of tax thereon
126Demolition etc. of building
127Omitted
128Omitted
129Omitted
130Omitted
131Omitted
132Appeal
133Limitation for appeal
134Finality of appellate orders
135Taxation not to be questioned except under this Act
136Power to inspect for the purposes of determining the taxable annual value of tax or fee
137Composition
138Irrecoverable debts
139Obligation to disclose liability
140Power to amend list in certain cases
141lmmaterial error not to affect liability
142Powers of exemption
143Powers of Government in regard to taxes
143-APowers of Government to make interim arrangements with regard to assessment and collection of taxes and fees
144Power of Corporation to borrow
145Time for repayment of money borrowed under section 144
146Form and effect of debentures
147Receipt by joint holders for the interest or dividend
148Maintenance and investment of sinking fund
149Application of sinking funds
150Annual statement by Commissioner
151Priority of payment for interest and repayment of loans over other payment
152Attachment of Corporation Fund for recovery of money borrowed from the Government
153Power to make regulations
154Property vested in Corporation and management of public institutions
155Acquisition of immovable property by agreement
156Procedure when immovable property cannot be acquired by agreement
157Disposal of property
158Contracts by Corporation
159Procedure for making contracts
160Mode of executing contracts
161Maintenance of Accounts
162Report by Audit agency
163Action by Commissioner on the Report
164Procedure to be followed by audit agency
165Power of auditor to make queries etc. and call for returns
166Definitions
167Power to require Corporation to carry out surveys and formulate proposals
168Power to construct additional works
169Functions in relation to water supply
170Supply of water to connected premises
171Power to supply water for non-domestic purposes
172Making connection with municipal water works
173Obligation of owner or occupier to give notice of waste of water
174Cutting of supply to premises
175New premises not to be occupied without arrangement for water supply
176Public gratuitous water supply
177Power to lay mains
178Power to lay service pipes etc
179Provision of fire hydrants
180Power to enter premises to detect waste or misuse of water
181Power to test water fittings
182Power to close or restrict use of water from polluted source of supply
183Water pipes not to be placed where water will be polluted
184Joint and several liability of owners and occupiers for offence in relation to water supply
185Public drains etc. to vest in Corporation
186Control of drains and sewage disposal works
187Certain matters not to be passed into municipal drains
188Application by owners and occupiers to drain into municipal drain
189Drainage of undrained premises
190New premises not to be erected without drainage
191Power to drain group or block of premises by combined operations
192Power of Commissioner to close or limit the use of private drain in certain cases
193Use of drain by a person other than owner
194Sewage and rain water drains to be distinct
195Powers of Commissioner to require owner to carry out certain works for satisfactory drainage
196Appointment of places for the emptying of drains and disposal of sewage
197Connection with water works and drains not to be made without permission
198Buildings and private streets not to be erected or constructed over drains or water works without permission
199Right of user of property for aqueducts, lines etc
200Power of owner of premises to place pipes and drains through land belonging to other persons
201Power of owner of premises to place pipes and drains through land belonging to other persons
202Power of Commissioner to execute work after giving notice to the person liable to do so
203Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool
204Power of Commissioner to examine and test drain etc. believed to be defective
205Employment of Government agencies for repairs etc
206Work to be done by licensed plumber
207Prohibition of certain acts

Chapter XIIIStreets

208Vesting of public streets in Corporation
209Functions of Commissioner in respect of public streets
210Disposal of land forming site of public streets permanently closed
211Power to make new public streets
212Minimum width of new public streets
213Power to prohibit use public streets for certain kinds of traffic
214Power to acquire land and buildings for public streets and for public parking places
215Defining regular lines of streets
216Setting back of buildings to regular line of street
217Compulsory setting back of building to regular lone of streets
218Acquisition of open land and land occupied by platforms etc. within the regular line of streets
219Acquisition of remaining part of building and land after their portions within regular line of street have been acquired
220Setting forward of building to regular line of street
221compensation to be paid in certain cases of setting back or setting forward of buildings etc
222Owners obligation when dealing with land or building sites
223Layout plan
224Alteration or demolition of street made in breach of section 223
225Power of Commissioner to order work to be carried out or to cary it himself in default
226Declaration of public streets
227Prohibition of projection upon street etc
228Projection over streets may be permitted in certain cases
229Ground floor door etc. not to open outwards on streets
230Prohibition of structures, fixtures or deposit of things in streets
231Special provision regarding streets belonging to Government
232Power to remove anything deposited or exposed for sale in contravention of this Act
233Prohibition of tethering of animals and milking of cattle
234Precautions during repairs of streets
235Streets not to be opened or broken up and building materials not to be deposited thereon without permission
236Disposal of things removed under this chapter
237Naming and numbering to streets
238Commissioner to take steps for repairing or enclosing places
239Measures for lighting
240Prohibition of removal, etc. of lamps

Chapter XIVBuilding Regulations

241Definitions
242Prohibition of erection of building without sanction
243Erection of building
244Applications for additions to, or-repairs of building
245Conditions of valid notice
246Sanction or refusal of building or work
247When building or work may be proceeded with
248Sanction accorded under misrepresentation
249Building at corners of streets
250Provisions as to buildings and works on either side of new streets
251Period for completion of building or work
252Prohibition against the inflammable materials for buildings etc. without permission
253Order of demolition and stoppage of building and works in certain cases and appeal
254Order of stoppage of building or works in certain cases
255Powers of the Government to give direction for compounding deviations from sanctioned plan
256Power of Commissioner to require alternation of work
257Completion certificate
258Restrictions on user of buildings and removal of dangerous buildings
259Power to order building to be vacated in certain circumstances
260Building scheme

Chapter XVSanitation and Public Health

261Provisions for daily cleansing of streets and removal of rubbish and filth
262Provision for placement of receptacles, depots and places for rubbish etc
263Section 263
264Duty of owners and occupiers to collect and deposit rubbish etc
265Removal of rubbish etc. accumulated on premises used as factories, workshop etc
266Prohibition against accumulation of rubbish etc
267Commissioner`s power to get premises scavenged and cleansed
268Public latrines, urinals etc
269Construction of latrines and urinals
270Latrine and urinals etc. in new buildings
271Latrines and urinals for labourers etc
272Provision of latrines and urinals for markets etc
273Other provisions as to private latrines
274Removal of congested building
275Power of Commissioner to require improvement of buildings unfit for human habitation
276Enforcement of notice requiring execution of works of improvement
277Power of Commissioner to order demolition of buildings unfit for human habitation
278Insanitary huts and sheds
279Prohibition against washing by washerman
280Obligation to give information of dangerous disease
281Removal of patient to hospital suffering from dangerous disease
282Disinfections of buildings and articles
283Destruction of infectious huts or sheds
284Means of disinfection
285Special measures in case of out-break of dangerous or epidemic disease
286Infected clothes not to be sent to washerman or to laundry
287Contamination and disinfection of public conveyances
288Driver of conveyance not bound to carry persons suffering from dangerous diseases
289Disinfection of buildings before letting the same
290Disposal of infected articles without disinfection
291Prohibition of making or selling of food, etc. or washing of clothes by infected persons
292Power to restrict or prohibit sale of food or drink
293Control over wells and tanks etc
294Duty of persons suffering from dangerous diseases
295Disposal of infectious corpse, where any person has died from any dangerous disease
296Conditions of service of Safai Karamcharies and certain other classes of persons employed in Corporation services
297Power to call for information regarding burning and burial ground
298Permission for use of new burning or burial ground
299Power to require closing of burning and burial grounds
300Removal of corpses
301Disposal of dead animals

Chapter XVIPublic Safety and Supression of Nuisances

302Prohibition of nuisances
303Power of Commissioner to require removal or abatement of nuisance
304Regulation and control of dogs
305Stacking or collecting inflammable material
306Care of naked lights
307Discharging fire works, fire arms etc
308Power to require buildings, wells, etc. to be rendered safe
309Enclosure of waste land used for improper purposes

Chapter XVIIExtinction and Prevention of Fire

310Establishment and maintenance of fire brigade
311Power of members of fire-brigades and other persons for suppression of fire
312Lamination on operation of this Chapter

Chapter XVIIIMarkets, Slaughter Houses, Trade and Occupation.

313Provision of municipal markets and slaughter houses
314Use of Municipal markets
315Private markets any slaughter house
316Conditions of grant of license for private market
317Prohibition of keeping markets open without licence etc
318Prohibition on use of unlicensed market
319Section 319
320Levy of stallages, rent and fees
321Stallages, rent etc. to be published
322Butcher`s fishmonger`s and poulterer`s licence
323Factory etc. not to be established without permission of the Commissioner
324Premises not to be used for certain purposes without licence
325Seizure of certain animals
326Power of the Commissioner to prevent use of premises in particular area for the purposes referred section 324
327Licence for hawking articles etc
328Eating houses etc. not to be used without licence from Commissioner
329Licensing and control of theatre, circuses and places of public amusement
330Power of Commissioner to stop use of premise used in contravention of licences
331Power of Commissioner to inspect where unlawful slaughter of animals etc. is suspected

Chapter XIXImprovement

332Improvement scheme
333Matters to be provided for in an improvement scheme
334Submission of improvement scheme to the Corporation for approval and to the Government for sanction
335Publication of the notice after scheme is sanctioned
336Rehousing Scheme
337Improvement scheme and rehousing scheme to comply with master plan and zonal development plan
338Provision of housing accommodation for the economically weaker sections

Chapter XXRegulation of Filling and Planting Trees.

339Prohibiting felling, cutting, damaging , destroying any tree in any urban area
340Constitution of Tree Authority
341Meeting of Tree Authority
342Duties of Tree Authority
343Appointment of Tree Officer
344Application for permission for cutting, felling or removal of a tree
345Permission for felling of tree
346Planting of adequate number of trees
347Planting in place of fallen/destroyed trees
348Responsibilities for preservation of trees
349The recovery of expenditure on failure to comply with orders for planting of trees
350Appeals
351Seizure
352Penalty
353Compounding of offences
354Operation of other laws not barred
355Power to make rules
356Signature, condition, duration, suspension, revocation, etc. of licences and written permissions
357Power of entry and inspection
358Power to enter land, adjoining land in relation to any work
359Breaking into building
360Time of making entry
361Consent ordinarily to be obtained
362Regard to be had to social or religious usages
363Prohibition of obstruction or molestation in execution of work
364Public notice how to be made known
365Newspaper in which advertisement of notices to be published
366Proof of content etc. of Commissioner etc
367Notices etc. to fix reasonable time
368Signature on notices etc. may be stamped
369Notice etc. by whom to be served or issued
370Service of notices, etc
371Power in case of non-compliance with notice, etc
372Liability of occupier to pay in default of owner
373Execution of work by occupier in default of owner and deduction of expenses from rent
374Relief to agents and trustees
375General power to pay compensation
376Compensation to be paid by offenders for damage caused by them
377Mode of receiving certain dues
378Right of owner to apply to Court of the District Judge in case of obstruction by occupier
379General powers and procedure of the Court of District Judge
380Fees in proceeding before the Court of District Judge
381Repayment of half fee on settlement before hearing
382Power of the Court of District Judge to delegate certain powers and to make rules
383Punishment for certain offences
383-AEviction of unauthorised occupants
384General Penalty
385Offences by Companies
386Police establishment
387Arrest of offenders
388Powers to initiate legal proceedings etc. and obtain legal advice
389Prosecution
390Composition of offences
391Protection of action taken in good faith etc
392Notice to be given of suits
393Supplemental provision respecting rules
394Supplemental provisions respecting regulations
395Powers to make bye-laws
396Penalty for breaches of bye-laws
397Supplemental provisions respecting bye-laws
398Bye-laws to be available for inspection and purchase

Chapter XXIIIControl

399Power of Government to require production of document
400Inspections
401Powers to five directions
402Powers to provide for enforcement of direction under section 401
403Power of revision
404Dissolution of Corporation
405Delegation
406Validity of notices and other documents
407Admissibility of document or entry as evidence
408Evidence of Corporation officer or employee
409Prohibition against obstruction of Mayor or any Corporation authority
410Prohibition against removal of mark
411Prohibition against removal or obliteration of notice
412Prohibition against unauthorized removal of deposit, etc
413Liability of Councillors
414Councillor and Corporation officers and employees to be public servants
415Annual Administration Report
416Construction of reference
417Special provision as to rural areas
418Power to suspend any resolution or order of Corporation
419Power of Government to modify proceedings
420Power of Government to withdraw any area of Municipal area from operation of Act
421District Planning Committee
422Transitional provisions
423Provisions regarding officers and employees
424Assets, liabilities, debts, obligations, contracts and pending proceedings
425Provision for municipality or local authority which is superseded
426Power to enquire and make report about misconduct of certain officer or official
427Power to remove difficulties
428Repeal of Act No. VIII, Samvat 2008

Previous: Section 126 Next: Section 128

JKMC Act 127Chapter VIII · Taxes and FeesRepealed

Section 127 · Omitted

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¹127. Omitted.

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