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The Bihar Municipal Act, 2007
The Bihar Municipal Act, 2007
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Declaration of intention to constitute a municipal area.
Section 34. Publication of declaration.
Section 45. Consideration of objection.
Section 56. Constitution of Municipal Area.
Section 67. Classification of Municipal areas.
Section 78. Power to abolish or alter limits of municipal area.
Section 89. Power to include certain dwelling house, manufactory, etc. within a particular municipal area.
Section 910. Power to exempt municipal area from operation of any provisions of the Ordinance unsuited thereto.
Section 1011. The Municipality.
Section 1112. Constitution of Municipality.
Section 1213. Composition of Municipality.
Section 1314. Election of Councillors.
Section 1415. Oath of allegiance to be taken by Councillors.
Section 1516. Terms of office of councillors of municipality.
Section 1617. Recall of Councillor.
Section 1718. Disqualifications.
Section 1819. Remuneration and allowances for Councillors.
Section 1920. Municipal authorities.
Section 2021. Constitution of Empowered Standing Committee of Municipality.
Section 2122. Executive power of Municipality to be exercised by Empowered Standing Committee.
Section 2223. Election of Chief Councillor and Deputy Chief Councillor.
Section 2324. Oath of secrecy to be taken by Chief Councillor and members of Empowered Standing Committee of God/solemnly.
Section 2425. Removal of Chief Councillor/Deputy Chief Councillor.
Section 2526. Deputy Chief Councillor.
Section 2628. Delegation of Powers and Functions.
Section 2829. Reservation of office of Chief Councillor.
Section 2930. Wards Committee.
Section 3031. Ward Committee.
Section 3132. Subject Committee.
Section 3233. Ad hoc Committee.
Section 3334. Joint Committee.
Section 3435. First meeting of Municipality.
Section 3536. Officers of Municipality.
Section 3637. Establishment of Municipality and schedule of posts.
Section 3738. Appointing Authorities.
Section 3839. Salaries and allowances of officers and other employees.
Section 3940. Leave and other conditions of service.
Section 4041. Appointment of officers of the State Government for Municipalities.
Section 4142. Municipal Establishment Audit Commission.
Section 4243. Cadres of common municipal services, appointments etc.
Section 4344. State Municipal Vigilance Authority.
Section 4445. Core Municipal Functions.
Section 4546. Functions assigned by the Government.
Section 4647. Other functions.
Section 4748. Meetings.
Section 4849. Notice of meeting and list of business.
Section 4950. Quorum for transaction of business at a meeting of Municipality and method of deciding question.
Section 5051. Presiding Officer of a meeting of Municipality.
Section 5152. Maintenance of order at a meeting of Municipality and withdrawal and suspension of councillors.
Section 5253. Councillor having pecuniary interest in any contract etc. with Municipality.
Section 5354. Disclosure of pecuniary interest.
Section 5455. Meeting to be ordinarily open to public.
Section 5556. Right of Chief Municipal Officer and other Officers to attend meeting of Municipality and Committees etc.
Section 5657. Right of Councillors to ask questions.
Section 5758. Discussion on urgent public matters.
Section 5859. Asking for statement from Empowered Standing Committee.
Section 5960. Keeping of minutes and proceedings.
Section 6061. Circulation and inspection of minutes.
Section 6162. Forwarding of minutes to the State Government.
Section 6263. Rules relating to conduct of business of the Municipality.
Section 6364. Validation of acts and proceedings.
Section 6465. Power of State Government to call for the Records etc.
Section 6566. Power of State Government to depute officers to make inspection or examination and report.
Section 6667. Power of State Government to require Municipal Authorities to take action.
Section 6768. Power of State Government to provide for enforcement of order under Section 67.
Section 6769. Power of State Government to dissolve Municipality.
Section 6970. Consequences of dissolution.
Section 7071. Implementation of recommendations of State Finance Commission.
Section 7172. Financial assistance from State Government.
Section 7273. Municipal Fund.
Section 7374. Application of Municipal Fund.
Section 7475. Payments not to be made out of Municipal Fund unless covered by budget grant.
Section 7576. Procedure when money not covered by budget grant is paid.
Section 7677. Temporary payment from Municipal Fund for works urgently required in public interest.
Section 7778. Power to incur expenditure beyond the limits of the Municipality.
Section 7879. Exclusive use of fund for particular purpose.
Section 7980. Operation of accounts.
Section 8081. Investment of surplus money.
Section 8182. Preparation of budget estimate of Municipality.
Section 8283. Report on services provided at subsidised rate.
Section 8384. Sanction of budget estimate of Municipality.
Section 8485. Power to alter budget grant.
Section 8586. Maintenance of accounts.
Section 8688. Financial Statement.
Section 8889. Balance sheet.
Section 8990. Submission of financial statement and balance sheet to auditor.
Section 9091. Power of Auditor.
Section 9192. Audit Report.
Section 9293. Placing of audited accounts before Municipality.
Section 9394. Submission of audited accounts.
Section 9495. Power of State Government to enforce order upon audit report.
Section 9596. Special Audit.
Section 9697. Internal Audit.
Section 9798. Municipal Accounts Committee.
Section 9899. Power to acquire and hold property.
Section 99100. Vesting of property.
Section 100101. Acquisition of property by Municipality by agreement, exchange, lease, grant etc.
Section 101102. Compulsory acquisition of land.
Section 102103. Special provisions for acquisition of lands adjoining streets.
Section 103104. Disposal of property.
Section 104105. Inventory of properties of Municipality.
Section 105106. Comprehensive Debt Limitation Policy.
Section 106107. Power of Municipality to raise loan.
Section 107108. Power of Municipality to open credit account with bank.
Section 108109. Power of Municipality to raise short term loan.
Section 109110. Establishment of Sinking Fund.
Section 110111. Application of Sinking Fund.
Section 111112. Power to discontinue payment towards Sinking Fund.
Section 112113. Investment of amount at the credit of Sinking Fund.
Section 113114. Power of Municipalities to reserve a portion of debentures, issued for raising loan, for investment.
Section 114115. Manner of repayment of loans.
Section 115116. Form and effect of debenture.
Section 116117. Annual statement.
Section 117118. Annual examination of Sinking Funds.
Section 118119. Power of Municipality to borrow money from State Government and attachment of Municipal Fund for recovery of such money.
Section 119120. Issue of Municipal Bonds for development of urban infrastructure.
Section 120121. Credit rating of Municipal Bonds.
Section 121122. Pledging of Municipal assets as security for Municipal Bonds.
Section 122123. Debt Service Reserve Fund.
Section 123124. Limit to encumbrances through future debt.
Section 124125. Use of proceeds from Municipal Bonds.
Section 125126. Internal revenues of Municipality.
Section 126127. Power to levy taxes.
Section 127128. Power to levy user charges.
Section 128129. Power to levy fees and fines.
Section 129131. Power to levy development charge.
Section 131132. Realisation of tax fees cess etc. under any other law.
Section 132133. Power to impose consolidated tax.
Section 133134. Holding occupied by more than one person.
Section 134135. Taxes by whom payable.
Section 135136. Duty on certain transfers of property.
Section 136137. Assessment in case of holdings sub-divided into separate shares.
Section 137138. Assessment in case of holdings having been amalgamated.
Section 138138B. Chairman and Members of the State Property Tax Board.
Section 138B139. Power of Empowered Standing Committee in case of excessive hardship.
Section 139140. Remission or adjustment on account of vacant holdings.
Section 140141. Application for Review.
Section 141142. Investigation of objections by Chief Municipal Officer.
Section 142143. Appeal to District Judge.
Section 143144. Valuations when to final.
Section 144145. Prohibition of advertisements without written permission of Chief Municipal Officer.
Section 145146. Licence for use of site for purpose of advertisement.
Section 146147. Tax on advertisement.
Section 147148. Permission of Chief Municipal Officer to be void in certain cases.
Section 148149. Licence for use of site for purpose of advertisement to be void in certain cases.
Section 149150. Presumption in case of contravention.
Section 150151. Power of Chief Municipal Officer in case of contravention.
Section 151152. Removal of poster, hoarding, etc.
Section 152153. Toll on bridges.
Section 153154. Declaration of ferries as Municipal ferries.
Section 154155. Manner of recovery of taxes under the Act.
Section 155156. Time and manner of payment of taxes.
Section 156157. Presentation of bill.
Section 157158. Regulations regarding payment and recovery of tax.
Section 158159. Requirement of payment of rent by occupier towards tax due on land or building.
Section 159160. Recovery of property tax on lands and buildings or any other tax or charge when owner of land or building is unknown or ownership is dispute.
Section 160161. Power of Chief Municipal Officer to prosecute or serve notice of demand.
Section 161162. Cancellation of irrecoverable dues.
Section 162163. Apportionment of property tax on lands and buildings by person primarily liable to pay.
Section 163164. Mode of recovery.
Section 164165. Commercial Projects and receipts therefrom.
Section 165166. Undertaking of project by Municipality or by other agency.
Section 166167. Types of Private Sector Participation Agreements.
Section 167168. Functions assigned to Municipality or other agencies.
Section 168169. Definitions.
Section 169170. Duty of Municipality to supply water.
Section 170171. Supply of water to connected premises.
Section 171172. Supply of water for non-domestic purposes.
Section 172173. Provision of communication pipes and fittings.
Section 173174. Water-supply through hydrants, stand-posts and other conveniences.
Section 174175. Provision for fire hydrants.
Section 175176. Supply of water to areas outside municipal area.
Section 176177. Public tanks, sub-soil water, etc. to vest in Municipality.
Section 177178. Vesting of sub-soil rights.
Section 178179. Works to be undertaken for supply of water.
Section 179180. Management of waterworks.
Section 180181. Purity of water for domestic purpose.
Section 181182. Water not to be wasted.
Section 182183. Prohibition regarding sinking of tube-wells or digging of wells etc.
Section 183184. Power to require filling up of wells.
Section 184185. Power to set apart wells tanks, etc. for drinking, culinary, bathing and washing purposes.
Section 185186. Power to lay mains, service pipes, etc.
Section 186187. Prohibition for laying water pipes and construction of latrines and cesspools.
Section 187188. Power in relation to water supply.
Section 188189. Power to turn off supply of water to premises.
Section 189190. Power to provide water meters and recover charges.
Section 190191. Entrustment of operation and maintenance of waterworks and billing and collection of charges.
Section 191192. Liability for offence in relation to water-supply.
Section 192193. Municipality to provide drainage, sewerage and outfall.
Section 193194. Provision of means for disposal of sewage.
Section 194195. Vesting of public drains and sewage disposal works.
Section 195196. Power to make over to, or to take over from, Statutory Authority drainage and sewerage works.
Section 196197. Power of making drain.
Section 197198. Sewage and rain water to be separate.
Section 198199. Alteration, discontinuance, cleansing, etc, of drain.
Section 199200. Powers in relation to drainage.
Section 200201. Premises not to be erected without drains.
Section 201202. Special provisions relating to trade effluent.
Section 202203. Special provisions regarding drainage of trade effluent.
Section 203204. Connection with water works mains and drains not to be made without permission.
Section 204205. Buildings, railway and private streets not to be erected or constructed over water mains or on municipal drains without permission.
Section 205206. Railway administration to be informed in certain cases.
Section 206207. Chief Municipal Officer not to sanctioned building plan unless plan relating to water supply etc. is in conformity with Rules and Regulations.
Section 207208. Maps of underground water mains, supply pipes, drains, etc.
Section 208209. Rights of user of property for aqueducts, line, etc.
Section 209210. Power of owner of premises to place pipes and drains through land belonging to other persons.
Section 210211. Power of Chief Municipal Officer to affix shafts etc. for ventilation of drain or cesspool and testing of drain.
Section 211212. Power of Chief Municipal Officer to execute work after giving notice to person liable.
Section 212213. Work to be done by licensed plumber.
Section 213214. Power of access to waterworks and drainage sewerage installation.
Section 214215. Prohibition of certain acts.
Section 215216. Sewerage charge and sewerage cess.
Section 216217. Entrustment of operation and maintenance of sewerage works and billing and collection of sewerage charges.
Section 217218. Power of State Government to exercise control over imperfect, inefficient or unsuitable waterworks, drainage works or sewerage works.
Section 218219. Municipal Water-supply, drainage and Sewerage Code.
Section 219220. Duty of Municipality in respect of solid wastes management and handling.
Section 220221. Entrustment of management and handling of solid wastes and billing and collection of charge.
Section 221222. Functions of Municipality.
Section 222223. Solid wastes to be property of Municipality.
Section 223224. Appointment of places for disposal and final disposal of solid waste.
Section 224225. Duty of owners and occupiers of premises to store solid wastes at the source of generation.
Section 225226. Duty of Cooperative Housing Society, Apartment Owners' Association, etc.
Section 226227. Prohibitions.
Section 227228. Punishment for littering on streets and depositing or throwing any solid waste.
Section 228229. Bio-medical wastes.
Section 229230. Hazardous wastes.
Section 230231. Surface transport system and accessories.
Section 231232. Vesting of public streets in Municipality.
Section 232233. Functions of Municipality in respect of public streets etc.
Section 233234. Power to make new public street etc.
Section 234235. Minimum width of new public street.
Section 235236. Acquisition of lands and buildings for public streets, public parking places and transportation terminals.
Section 236237. Permanent closure of public street.
Section 237238. Temporary closure of public street.
Section 238239. Closure of Public Street for parking purposes and levy of parking fee.
Section 239240. Right of owners to require streets to be declared public.
Section 240241. Traffic engineering schemes.
Section 241242. Street furniture and bus stops.
Section 242243. Measures for lighting.
Section 243244. Commercial Infrastructure.
Section 244245. Provision of municipal markets and slaughter houses.
Section 245246. Use of municipal markets.
Section 246247. Levy of stallage, rent and fee.
Section 247248. Duties of the Municipality.
Section 248249. Functions in relation to urban environmental management and submission of report on environmental status of municipal area.
Section 249250. Duties of the Municipality for environmental sanitation.
Section 250251. Powers of Chief Municipal Officer.
Section 251252. Power to regulate excavations.
Section 252253. Power to require trees, hedges, etc., to be trimmed.
Section 253254. Regulation of public bathing, washing etc.
Section 254255. Public latrines and urinals.
Section 255256. Prohibition of nuisances.
Section 256257. Control of pollution.
Section 257258. Power to require wells, tanks, etc., to be rendered safe.
Section 258259. Quarrying, blasting, cutting timber or building operation.
Section 259260. Power to stop improper use of land or building.
Section 260261. Polluters to pay.
Section 261262. Municipality to prevent and check dangerous diseases.
Section 262263. Power of Chief Municipal Officer to inspect any place and take measures to prevent spread of dangerous disease.
Section 263264. Power of Chief Municipal Officer to cleanse, disinfect, destroy or control places of infection.
Section 264265. Special measures in case of outbreak of dangerous or epidemic diseases.
Section 265266. Means for disinfection.
Section 266267. Special conveyance for carrying infected persons.
Section 267268. Prohibitions.
Section 268269. Acts prohibited in connection with disposal of dead.
Section 269270. Registration of places for disposal of the dead.
Section 270271. Power to require closing of burning and burial grounds etc.
Section 271272. Disposal of dead animals.
Section 272273. Municipality to implement schemes.
Section 273274. Representation in District Planning Committee or Metropolitan Planning Committee.
Section 274275. Municipality to implement development plans.
Section 275276. Removal of congested buildings.
Section 276277. Power to require improvement of building unfit for human habitation.
Section 277278. Power to order demolition of building unfit for human habitation.
Section 278279. Area improvement scheme.
Section 279280. Matters to be provided in area improvement scheme.
Section 280281. Submission of area improvement scheme to Municipality and State Government.
Section 281282. Re-housing scheme.
Section 282283. Area improvement scheme and re-housing scheme to comply with structure plan.
Section 283284. Execution of area improvement scheme.
Section 284285. Power to acquire land and building for area improvement scheme.
Section 285286. Power of Municipality to define and to alter limits of slum.
Section 286287. Slum improvement scheme.
Section 287288. Acquisition of right of user.
Section 288289. Work to be executed in slum.
Section 289290. Power of Government to require Municipality to prepare a Development/Master Plan.
Section 290291. Committee for Metropolitan Planning.
Section 291292. Municipal Streets Technical Committee.
Section 292293. Classification of public streets.
Section 293294. Compulsory provision of footpaths.
Section 294295. Naming and numbering of streets.
Section 295296. Unique premises number.
Section 296297. Rights of way for underground utilities.
Section 297298. Maps of underground utilities.
Section 298299. Power to prohibit use of public streets for certain kind of traffic.
Section 299300. Defining regular line of street.
Section 300301. Setting back buildings to regular line of street.
Section 301302. Compulsory setting back of building to regular line of street.
Section 302303. Setting forward of building to regular line of street.
Section 303304. Acquisition of open land and land occupied by platforms etc. within regular line of street.
Section 304305. Acquisition of remaining part of building and land after their portions within regular line of street have been acquired.
Section 305306. Compensation to be paid in certain cases of setting back or setting forward of building etc.
Section 306307. Special provision regarding streets belonging to Central or State Government.
Section 307308. Temporary erection on streets during festivals.
Section 308309. Precautions during construction or repair of street, drain or premises.
Section 309310. Power of Municipality in relation to Regulation of street.
Section 310311. Restoration of municipal properties by public utilities.
Section 311312. Definitions.
Section 312313. Prohibition of construction without sanction.
Section 313314. Sanction of building plan.
Section 314315. Construction of building in contravention of building by-law.
Section 315316. Building plan approved by registered Architect to be submitted to Chief Municipal Officer.
Section 316317. Deviation in construction of building within permitted level.
Section 317318. Periodical Inspection of construction activity.
Section 318319. No. action to be taken without affording opportunity.
Section 319320. Pending sanction of building construction plan.
Section 320321. Framing of Building Bye-law.
Section 321322. Municipalities to maintain Register of Registered Architects.
Section 322323. Order of demolition and stoppage of buildings or works in certain cases and appeal.
Section 323324. Order of stoppage of building or work in certain cases.
Section 324325. Construction of building in contravention of the provisions of the Act or the Rules made thereunder.
Section 325326. Power of Chief Municipal Officer to require alteration of work.
Section 326327. Completion certificate.
Section 327328. Power of the State Government to make Building Rules and to classify municipal areas for the purpose of application of building rules.
Section 328329. Municipal Building Tribunal.
Section 329330. Building at corners of streets.
Section 330331. Provision as to building and work on either side of new street or near fly-over or transportation terminal.
Section 331332. Provision against use of inflammable material for building etc. without permission.
Section 332333. Power to regulate future construction of buildings in particular streets or localities.
Section 333334. Power to stop excavation.
Section 334335. Power to require alteration of existing buildings.
Section 335336. Power to order removal of dangerous buildings.
Section 336337. Inspection of building.
Section 337338. Permission in case of non-residential uses of premises.
Section 338339. Conditions for grant of permission.
Section 339340. Power to prohibit change of authorized use of building.
Section 340341. Power to prevent use of premises for specified purpose in particular area for environmental reasons.
Section 341342. Premises not to be used for non-residential purpose without Municipal Licence.
Section 342343. Registers to be maintained.
Section 343344. Municipal licence for private markets.
Section 344345. Municipal licence for sale of flesh, fish or poultry.
Section 345346. Prohibition of unlicensed activities.
Section 346347. Power to stop use of premises used in contravention of licences.
Section 347348. Power to seize food or drug etc.
Section 348349. Appointment of Chief Registrar and Registrars.
Section 349350. Duties of Registrars.
Section 350351. Register books to be maintained.
Section 351352. Registration of births and deaths.
Section 352353. Registration of name of child or of alteration of name.
Section 353354. Correction of errors in registers of births or deaths.
Section 354355. Information of births.
Section 355356. Information regarding finding of newborn child.
Section 356357. Information regarding deaths.
Section 357358. Medical Practitioner to certify cause of death.
Section 358359. Duties of police in regard to unclaimed corpses.
Section 359360. Sextons etc., not to bury etc. corpse.
Section 360361. Management of natural or technological disasters.
Section 361362. Exclusion of industrial townships from municipal areas.
Section 362363. Signature, conditions, duration, suspension, revocation, etc., of licences and permission.
Section 363364. Power of entry.
Section 364365. Power to enter land or adjoining land in relation to any work.
Section 365366. Breaking into building.
Section 366367. Time of making entry.
Section 367368. Consent ordinarily to be obtained.
Section 368369. Regard to be had to social or religious usages.
Section 369370. Prohibition of obstruction or molestation in execution of work.
Section 370371. Public notices how to be made known.
Section 371372. Newspapers in which advertisements or notices to be published.
Section 372373. Proof of consent etc. of Municipality, Empowered Standing Committee, Chief Councillor, Chief Municipal Officer, etc.
Section 373374. Notices etc. to fix reasonable time.
Section 374375. Signature on notices etc. may be stamped.
Section 375376. Notices etc. by whom to be served or issued.
Section 376377. Service of notices etc.
Section 377378. Time for complying with requisition or order, and power of Chief Municipal Officer to enforce requisition or order on default.
Section 378379. Submission of objections to comply with notice.
Section 379380. Power of the Municipality to enter into agreement for payment of expenses in instalments.
Section 380381. Power of the Municipality to declare certain expenses to be improvement expenses.
Section 381382. Improvement expenses, how recoverable and by whom payable.
Section 382383. Recovery of improvement expenses paid by occupier.
Section 383384. Right of the owner or occupier to redeem charge for improvement expenses.
Section 384385. Execution of work by occupier on the failure of owner.
Section 385386. Relief to receivers, agents and trustees.
Section 386387. General power of the Municipality to pay compensation.
Section 387388. Compensation to be paid for damage to property of Municipality.
Section 388389. Reference by Municipality to Civil Court in certain cases of recovery of expenses.
Section 389390. Application to Civil Court in certain cases of payment of expenses or compensation.
Section 390391. Recovery of expenses or compensation determined under Section 390.
Section 390392. Recovery of expenses or compensation by suit in court.
Section 392393. Recovery of certain dues of Municipality.
Section 393394. Application to Civil Court by owner when occupier prevents from complying with Act etc.
Section 394395. Procedure in Civil Court.
Section 395396. Fees in proceeding before Civil Court.
Section 396397. Repayment of half of fees on settlement before hearing.
Section 397398. Municipal Magistrate.
Section 398399. Certain offences to be cognizable.
Section 399400. Power of Municipal Magistrate to hear cases in absence of accused summoned to appear.
Section 400401. Limitation of time for prosecution.
Section 401402. Complaint regarding nuisance and removal thereof.
Section 402403. Power of Municipal Magistrate to direct payment of fine and demolition of unlawful works.
Section 403404. Power to institute etc. legal proceeding and to obtain legal advice.
Section 404405. Notice, limitation, and tender of amends in suits against Municipality etc.
Section 405406. Indemnity.
Section 406407. Co-operation of Police.
Section 407408. Power of police to arrest offenders.
Section 408409. Validity of notice and other document.
Section 409410. Admissibility of document or entry as evidence.
Section 410411. Evidence of officer or employee of the Municipality.
Section 411412. Prohibition against obstruction of Chief Councillor or any Municipal Authority etc.
Section 412413. Prohibition against removal of mark.
Section 413414. Prohibition against removal or obliteration of notice.
Section 414415. Prohibition against unauthorized dealings with public place or materials.
Section 415416. Liability for loss, waste or misapplication of money or property of the Municipality.
Section 416417. Councillors and officers and other employees of the Municipality to be public servants.
Section 417418. Other laws not to be disregarded.
Section 418419. Power to make Rules.
Section 419420. Power to amend Schedule.
Section 420421. Power to make Regulations.
Section 421422. Conditions precedent to making of Regulations.
Section 422423. Regulations to be subject to approval of the State Government.
Section 423424. Power of the State Government to cancel or modify Regulations.
Section 424425. Supplemental provisions respecting Regulations.
Section 425426. Penalty for breach of Regulation.
Section 426427. Rules and Regulations to be available for inspection and purchase.
Section 427428. Doubts as to powers, duties or functions of Municipal Authorities.
Section 428429. Punishment for certain offences.
Section 429430. Punishment for acquiring share or interest etc. with Municipality.
Section 430
Chapter XVII