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Assam Municipal Act, 1956

Assam Municipal Act, 1956

Raw JSON API

Sections

1. Short title, extent and commencement.

Section 1

2. Repeal and Savings.

Section 2

3. Definitions.

Section 3

4. Notification of intention to create, alter limits of, or abolish municipality.

Section 4

5. Objection to the creation, alteration of limits, or abolition of municipality.

Section 5

6. Effect of including local area in Municipality.

Section 6

7. Effect of excluding local area from Municipality or withdrawing the whole area of Municipality from Act.

Section 7

8. Power to exempt Municipality from provisions of Act unsuited thereto.

Section 8

9. Erection and maintenance of boundary marks.

Section 9

10. Constitution of Municipal Board.

Section 10

11. Number of Commissioners.

Section 11

12. Election of Commissioner.

Section 12

13. Power to divide municipality into wards and to fix the number of Commissioners of each ward.

Section 13

14. Qualification of voters.

Section 14

15. Ineligibility for election.

Section 15

16. Proceedings to set a side an election.

Section 16

17. Procedure and powers of Judge holding enquiry.

Section 17

18. Setting aside of election.

Section 18

19. Scrutiny of votes and declaration in other cases.

Section 19

20. Disqualification of persons from being candidates. who commit corrupt practices.

Section 20

21. Saving of acts done by a Commissioner before his election is set aside.

Section 21

22. Fresh election when election set aside.

Section 22

23. Bar to interference by courts in election matters.

Section 23

24. Appointed Commissioners in newly created municipalities.

Section 24

25. Taking of oath.

Section 25

26. General election and terms of office of Commissioners.

Section 26

27. Resignation of Chairman, Vice-Chairman or Commissioners.

Section 27

28. Removal of Chairman and Vice-Chairman.

Section 28

29. Removal of Commissioners.

Section 29

30. Eligibility for election or re-election of Commissioners removed from office.

Section 30

31. Filling up of casual vacancies of Commissioners.

Section 31

32. Power to appoint Commissioners if prescribed number not duly elected.

Section 32

33. Appointment or election of Chairman and Vice-Chairman.

Section 33

34. Status and tenure of office of Chairman and Vice-Chairman.

Section 34

35. When Chairman and Vice-Chairman cease to hold office as such.

Section 35

36. When Government may appoint Chairman.

Section 36

37. Powers of Chairman.

Section 37

38. Delegation of duties and powers by Chairman to Vice-Chairman.

Section 38

39. Duties of Vice-Chairman.

Section 39

40. Grant of leave to Chairman or Vice-Chairman.

Section 40

41. Filling of casual vacancies of Chairman and Vice-Chairman.

Section 41

42. Allowances of Chairman Vice-Chairman and Commissioners.

Section 42

43. Ordinary and special meetings.

Section 43

44. President of meeting.

Section 44

45. Manner of deciding questions.

Section 45

46. Quorum.

Section 46

47. Minutes of Proceedings.

Section 47

48. Appointment of Committees.

Section 48

49. Formation, of Joint-Committee.

Section 49

50. Appointment and pay of establishment.

Section 50

51. Power of Municipal Board to frame regulations for establishments.

Section 51

52. Appointment of Health Officers, Sanitary Inspectors and Water Works Superintendents, etc.

Section 52

53. Appointment of Executive Officers.

Section 53

54. Liability for loSs, waste or misapplication of funds and property.

Section 54

55. Disqualification of Commissioners having share or interest in contracts.

Section 55

56. Commissioners disqualified from voting on certain questions.

Section 56

57. Presumptions and savings.

Section 57

58. Constitution and custody of Municipal Fund.

Section 58

59. Municipal Board may raise loans and may form a sinking fund.

Section 59

60. Application of fund.

Section 60

61. Orders for payment of money from the municipal fund.

Section 61

62. Municipal property.

Section 62

63. Power to purchase, lease and sell land.

Section 63

64. Execution of contracts.

Section 64

65. Transfer of certain public institutions to Boards.

Section 65

66. Transfer of private roads, etc., to Boards.

Section 66

67. Acquisition of land.

Section 67

68. Taxes.

Section 68

69. Taxes on Government holdings.

Section 69

70. Restriction regarding tax on holdings.

Section 70

71. Restriction regarding water-tax and lighting-tax.

Section 71

72. Restriction regarding Latrine-tax.

Section 72

73. Restriction regarding drainage-tax.

Section 73

74. Special provision regarding tax on private markets.

Section 74

75. Restriction regarding fire brigade and anti-malarial fees.

Section 75

76. Board to determine the valuation of holdings.

Section 76

77. Returns required for ascertaining annual value.

Section 77

78. Penalty for default in furnishing return.

Section 78

79. Determination of annual value of holding.

Section 79

80. Determination of rate of tax on holding.

Section 80

81. Preparation of assessment register.

Section 81

82. Power to assess consolidated tax for house and land on which it stands.

Section 82

83. Reduction of valuation, revision of valuation and assessment and revision of valuation list and assessment register.

Section 83

84. Notice to be given to Chairman of all transfers. of title of persons liable to payment of tax.

Section 84

85. Revision of valuation list.

Section 85

86. Appointment of assessor and power of Chief Commissioner to direct the appointment of assessor.

Section 86

87. Revision of assessment register.

Section 87

88. Effect of revision of assessment register.

Section 88

89. Method of assessment of duty on transfers of property.

Section 89

90. Provisions applicable on the introduction of transfer duty.

Section 90

91. Power to make rules regarding assessment and collection of transfer duty.

Section 91

92. Exemptions and remissions.

Section 92

93. Powers of assessor.

Section 93

94. Publication of notice of assessments.

Section 94

95. Application for review.

Section 95

96. Procedure for review.

Section 96

97. Limitation of time for application for review.

Section 97

98. Assessment to be questioned only under Act.

Section 98

99. Tax not invalid for want of form.

Section 99

100. Recovery from occupier of tax due from non-resident owner.

Section 100

101. Recovery tram owner of occupier's tax in certain cases.

Section 101

102. Recovery by owned of occupier's tax paid by owner.

Section 102

103. Method of recovery by owner.

Section 103

104. Taxes when payable.

Section 104

105. Office hours for receipt of money.

Section 105

106. Bill and notice of demand.

Section 106

107. Issue of process of attachment.

Section 107

108. Attachment how to be made.

Section 108

109. Power of officer to break door.

Section 109

110. Sale how to be conducted.

Section 110

111. Certain person prohibited from purchasing at sales.

Section 111

112. Board to keep account of attachments and sales.

Section 112

113. Sale of property beyond limits of municipality.

Section 113

114. Attachment or sale not unlawful for want of form.

Section 114

115. Board may bring suits instead of distraining on failure of attachment.

Section 115

116. Liability of purchaser for vendor's share of tax.

Section 116

117. License fees on carts carriages and animals.

Section 117

118. Fees so fixed to continue until altered.

Section 118

119. Licenses how to be obtained.

Section 119

120. Proportionate fee on carts, carriages, etc., acquired during half year.

Section 120

121. On payment of fee, Board to give a license.

Section 121

122. Cart, carriage, etc., liable to fee, although the owner be absent.

Section 122

123. Penalty.

Section 123

124. Board may compound with livery stable-keepers.

Section 124

125. List of licensed persons to be prepared.

Section 125

126. Power to inspect stables, etc., and to summon persons liable to the payment of the fee.

Section 126

127. Refund of fee in certain cases.

Section 127

128. Registration and numbering of dogs.

Section 128

129. Fees so fixed to continue until altered.

Section 129

130. Period of registration.

Section 130

131. Proportionate payment of fee.

Section 131

132. Transfer of ownership.

Section 132

133. Penalty.

Section 133

134. Seizure and sale of unlicensed cart, carriage or animal.

Section 134

135. Prohibition of double fees.

Section 135

136. Power of Board to establish toll bars and levy tools.

Section 136

137. Lease of toll-bar.

Section 137

138. Procedure where two or more local authorities have contributed towards cost of bridge.

Section 138

139. Exemptions from payment of toll.

Section 139

140. Rates of tolls.

Section 140

141. Power to composed for tolls.

Section 141

142. Power of toll-collector or lessee in case of refusal to pay toll.

Section 142

143. Penalty for refusing to pay toll.

Section 143

144. Police officers to assist.

Section 144

145. Penalty for taking unauthorized tolls.

Section 145

146. Board to publish expenses of toll-bars.

Section 146

147. Function in regard to pounds.

Section 147

148. Rents tolls and fees.

Section 148

149. Recovery of money due to the Board.

Section 149

150. Power to sell unclaimed holding for money due.

Section 150

151. Irrecoverable taxes, etc.

Section 151

152. Power to close a public road.

Section 152

153. Prohibition of use of public road by class of animals or vehicles.

Section 153

155. Power to require repair of public roads and drains and to declare such roads and drains public.

Section 155

156. Permission to deposit movable property on or to excavate or enclose a public road or land.

Section 156

157. Boards to set up during repairs.

Section 157

158. Penalty for encroachment on public road, etc.

Section 158

159. Removal of obstruction or encroachment in or on public road.

Section 159

160. Procedure when person who erected obstruction cannot be found.

Section 160

161. Projections from houses to be removed.

Section 161

162. Power of District and Sub-divisional Magistrate to remove encroachments.

Section 162

163. Effect of order made under Sections 159, 160, 161 or 162.

Section 163

164. Power to regulate line of buildings on public roads and drains.

Section 164

165. Erection of Platforms.

Section 165

166. Fallen building, etc, obstructing public road or drain to be removed by owner.

Section 166

167. Cutting of public road, passage of water, etc.

Section 167

168. Board may require land holders to trim hedges, etc.

Section 168

169. Penalty for disobeying requisition under Section 159, 161, 164, 166 or 168.

Section 159

170. Names of public roads and number of houses.

Section 170

171. Prohibition of building without sanction.

Section 171

172. Special provision for cases where bye-laws have not been made under Section 302, clause (iv).

Section 302

173. Non-observance of bye-laws.

Section 173

174. Powers of Board to sanction or refuse.

Section 174

175. Lapse of sanction.

Section 175

176. Penalty for building without or in contravention of sanction.

Section 176

177. Power of Board in case of disobedience.

Section 177

178. Compensation for prohibition of erection or re-erection.

Section 178

179. Roofs and external walls not to be made of inflammable materials.

Section 179

180. Power to attach brackets for lamps.

Section 180

181. Building unfit for human habitation.

Section 181

182. Power to require cleansing or lime-washing of buildings.

Section 182

183. Fencing of building in a dangerous state.

Section 183

184. Board may require owner to pull down ruins.

Section 184

185. Penalty for disobeying requisition under Section 183 or 184.

Section 183

186. Provision for drinking, water, bathing places, etc.

Section 186

187. Prohibition by Board of use of unwholesome water.

Section 187

188. Disobeying order under Section 186 or 187.

Section 186

189. Power to require owners to clear noxious vegetation.

Section 189

190. Powers to require owners to improve bad drainage.

Section 190

191. Power to require unwholesome tanks or private premises to be cleansed or drained.

Section 191

192. Wells tanks, etc., to be secured.

Section 192

193. Penalty for disobeying requisition under Section 189, 190, 191 or 192.

Section 189

194. Power of Chief Commissioner to prohibit cultivation, use of manure or irrigation injurious to health.

Section 194

195. Power to prohibit excavations.

Section 195

196. Public latrines and urinals.

Section 196

197. Permission to construct latrines and urinals which are to be properly enclosed.

Section 197

198. Power to require latrine or urinal to be constructed.

Section 198

199. No latrine, etc., to be constructed in certain circumstances.

Section 199

200. Inspection of latrines, etc.

Section 200

201. Power to require owner or occupier to repair latrine, etc.

Section 201

202. Penalty for not keeping latrine, etc., in proper order.

Section 202

203. Power to alter any latrine, etc, made contrary to orders.

Section 203

204. Power to demolish unauthorized drains leading into public sewer.

Section 204

205. Penalty for allowing water of any sewer, etc., to run on any public road.

Section 205

206. Power to require owner to drain land.

Section 206

207. Penalty for disobeying requisition under Section 201 or 206.

Section 201

208. Power to drain group or block of houses, etc., by a combined operation.

Section 208

209. Public Health Administration.

Section 209

210. Inspection by Public Health Department.

Section 210

211. Establishments for removal of sewage offensive matter and rubbish.

Section 211

212. Sewerage Scheme.

Section 212

213. Power to require removers sewage to take out licence.

Section 213

214. Removal of sewage, offensive matter and rubbish.

Section 214

215. Penalty on occupier for not removing filth, etc.

Section 215

216. Penalty for throwing offensive matter on Public roads, etc.

Section 216

217. Powers of servants of the Board.

Section 217

218. Compost.

Section 218

219. Nuisance.

Section 219

220. Inspection for removal of nuisance.

Section 220

221. Notice to remove nuisance.

Section 221

222. Complaint against nuisance.

Section 222

223. Power to prohibit use of unlicensed markets.

Section 223

224. Penalty for using unlicensed market.

Section 224

225. Power to close licensed places.

Section 225

226. Markets slaughter-houses, etc, to be properly drained.

Section 226

227. Sale exposing for sale etc., of food.

Section 227

228. Factory, etc, not to be newly established without permission of the Board.

Section 228

229. Certain offensive and dangerous trades not to be established within the limits to be fixed by the Board without license.

Section 229

230. Cinemas, dramatic performances, circuses, etc.

Section 230

231. Cancellation revocation, etc. of licenses.

Section 231

232. Publication of order of refusal, suspension, etc, of license.

Section 232

233. Appeals under sections 230 and 231.

Section 233

234. Power to order the use of slaughter houses and the carrying on of dangerous and offensive trade to be discontinued.

Section 234

235. Power to prohibit private kilns.

Section 235

236. Penalty for offences under Sections 229, 230 and 235.

Section 236

237. Steps to be taken on out.

Section 237

238. Information to be given of infectious diseases.

Section 238

239. Removal to hospital of patients suffering from infectious diseases.

Section 239

240. Disinfections of buildings and articles.

Section 240

241. Penalty for letting infected house.

Section 241

242. Provisions of places and appliances for disinfection.

Section 242

243. Act done by person suffering from certain diseases.

Section 243

244. Exposure of person suffering from infectious disease.

Section 244

245. Power of entry for purpose of preventing spread of diseases.

Section 245

246. Maintenance of conveyances by Board for certain purposes.

Section 246

247. Power to close market, tea stall etc.

Section 247

248. Power to close school.

Section 248

249. Eradication of Mosquitoes and prevention of their breeding.

Section 249

250. Establishment and maintenance of fire-brigade.

Section 250

251. Powers of Magistrate, Commissioner of Municipal Board, and other persons for suppression of fires.

Section 251

252. Powers in respect of burial and burning places.

Section 252

253. Burial of paupers.

Section 253

254. Power to cause corpses to be burnt or buried according to the religious tenets of the deceased.

Section 254

255. Power to license fuel shops at burning grounds.

Section 255

256. Powers over disorderly house and prostitutes.

Section 256

257. Brothels.

Section 257

258. Token for dogs and disposal of mad and stray dogs.

Section 258

259. Schools.

Section 259

260. Dispensaries, hospitals, asylums, poor-houses and medical relief.

Section 260

261. Maternity houses and child welfare centers, midwives for maternity cases and health visitors.

Section 261

262. Vaccination.

Section 262

263. Registration of births and deaths.

Section 263

264. Supply of drinking water.

Section 264

265. Satisfactory system of drainage.

Section 265

266. Sanction of scheme by Chief Commissioner.

Section 266

267. Publication of scheme.

Section 267

268. Scheme to be carries out by municipalities.

Section 268

269. Chief Commissioner may appoint on officer to execute the works.

Section 269

270. Power of Board to lay or carry wires, pipes, drains, or sewers, through private land subject to payment of compensation for drainage sustained provided that no nuisance is created.

Section 270

271. Provisions as to wires, pipes, drains or sewers laid or carried above surface of ground.

Section 271

272. Previous notice to be given.

Section 272

273. Power to permit connections with main.

Section 273

274. Power to make or require connections in certain cases.

Section 274

275. Power to prescribe size of ferrules and to establish meters and the like.

Section 275

276. Communication and connections to be made subject to inspection by and to the satisfaction of Board.

Section 276

277. Connections may be made by Board's own agency.

Section 277

278. Power to enter premises.

Section 278

279. Presumption as to correctness of meter.

Section 279

280. Testing of meter.

Section 280

281. Penalty for fraud in respect of meter.

Section 281

282. Penalty for injuring meter.

Section 282

283. Estimate and specification of works to be sent.

Section 283

284. Owner to bear the cost of keeping works in repair.

Section 284

285. Board to provide water supply.

Section 285

286. Pressure at which water must be kept.

Section 286

287. Provision for water-meter.

Section 287

288. House-holder entitled to certain supply of water for domestic use.

Section 288

289. Power to provide water for latrine.

Section 289

290. Power to turn off water.

Section 290

291. Penalty for causing waste of water.

Section 291

292. Power to allow person outside the town to take water.

Section 292

293. Control by Commissioner, etc.

Section 293

294. Inspection of works and registers by Commissioners.

Section 294

295. Inspector of Municipal works.

Section 295

296. Power to suspend action under the Act.

Section 296

297. Powers of Chief Commissioner in case of default, and of Deputy Commissioner in case of emergency, etc.

Section 297

298. Power to supersede or dissolve Board in case of incompetence default or abuse of powers.

Section 298

299. Consequence of supersession.

Section 299

300. Disputes.

Section 300

301. Power of Chief Commissioner to make rules.

Section 301

302. Power to make bye-laws.

Section 302

303. Additional powers to make bye-laws in hill municipalities.

Section 303

304. Conformation of bye-laws.

Section 304

305. Publication of bye-laws.

Section 305

306. Power to make rules as to business and affairs.

Section 306

307. How notice, etc., may be served.

Section 307

308. Reasonable time for compliance to be fixed.

Section 308

309. Service of notice on owner or occupier of land.

Section 309

310. Procedure when owners or occupiers are required by Board to execute works.

Section 310

311. Persons required to execute any work may prefer objection to the Board.

Section 311

312. Procedure if person objecting alleges that work will cost more than three hundred rupees.

Section 312

313. Chairman, etc., to make order after hearing objection.

Section 313

314. Order to be explained orally.

Section 314

315. Power of Board on failure of persons to execute work.

Section 315

316. Power to apportion expenses among owners and occupiers.

Section 316

317. Apportionment among owners and occupiers.

Section 317

318. Occupiers may recover cost of works executed at his expense from owner.

Section 318

319. Power to enter upon possession houses so repaired.

Section 319

320. Sale of materials of houses, etc., pulled down.

Section 320

321. Appeals from orders of Board.

Section 321

322. Appeals from orders refusing licenses.

Section 322

323. Board may direct prosecution for public nuisance, etc.

Section 323

324. No prosecution for an offence under this Act to be instituted without consent of Board.

Section 324

325. Police Officer to report offences and arrest persons refusing to give name and residence.

Section 325

326. No action to be brought against the Board or their officers until after one month's notice of cause of action.

Section 326

327. Liability to pay expenses of fees may be contested in Civil Court.

Section 327

328. Dispute as to compensation payable by Board.

Section 328

329. Delegation of certain powers and functions of Chief Commissioner.

Section 329

330. Survey of municipalities.

Section 330

331. Holder of license to produce it when required.

Section 331

332. Suspension of revocation of licenses, etc.

Section 332

333. Penalty on officers, etc asking unauthorized fees.

Section 333

334. Constitution of notified areas.

Section 334

335. Constitution of town committee.

Section 335

336. Power of Chief Commissioner to impose taxation and regulate expenditure of proceeds thereof and to extend provision of the Act to notified areas.

Section 336

337. Applications of funds of areas ceasing to be notified.

Section 337