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The Chhattisgarh Municipalities Act, 1961

The Chhattisgarh Municipalities Act, 1961

Raw JSON API

Sections

1. Short Title, extent and commencement.

Section 1

2. Repeal and Savings.

Section 2

3. Definitions.

Section 3

4. Section 4.

Section 4

5. Constitution of Municipal Councils and Nagar Panchayats.

Section 5

5A. Power of Governor to include or exclude certain area.

Section 5A

6. Procedure for publication of notifications.

Section 6

7. Effect of establishing Municipality for local area which ceases to be Town Area or Panchayat.

Section 7

8. Effect of including a local area in a Municipality.

Section 8

9. Effect of excluding a local area from Municipality.

Section 9

16. Exercise of powers of Council pending its constitution.

Section 16

17. Erection and maintenance of boundary marks.

Section 17

18. Incorporation of Municipalities.

Section 18

19. Composition of Municipal Council or Nagar Panchayat.

Section 19

20. Election petitions.

Section 20

21. Relief that may be claimed by petitioner.

Section 21

22. Grounds for declaring election or nomination to be void [nomination] .

Section 22

23. Procedure to be followed in disposal of election petition.

Section 23

24. Decision on election petition.

Section 24

25. Procedure in case of equality of votes.

Section 25

26. Finality of decision.

Section 26

27. Disqualification arising out of corrupt practices.

Section 27

28. Corrupt practices.

Section 28

29. Determination of number and extent of wards and conduct of elections.

Section 29

29A. Reservation of seats.

Section 29A

29B. Reservation of the Office of President of the Council.

Section 29B

30. Qualification of voters and their registration.

Section 30

31. Disqualification of voters.

Section 31

32A. Account of election expenses.

Section 32A

32B. Lodging of account of election expenses.

Section 32B

32C. Disqualification for failure to lodge account of election expenses.

Section 32C

32D. Removal of reduction of period of Disqualification.

Section 32D

33. Eligibility for voting.

Section 33

34. Qualification for election as President or Councillor.

Section 34

35. Disqualification of candidates.

Section 35

35A. Power to disqualify ex-President, Vice-President etc.

Section 35A

36. Duration of the Municipality.

Section 36

37. Filling of Casual Vacancies.

Section 37

38. Effect of subsequent disabilities.

Section 38

40. Resignation of Vice President or Councillors.

Section 40

41. Removal of Councillor.

Section 41

41A. Removal of President or Chairman of a Committee.

Section 41A

41B. Resignation of President.

Section 41B

42. Automatic vacating of all offices on ceasing to be Councillor.

Section 42

43. Election and term of Vice President.

Section 43

43A. No-confidence motion against Vice President.

Section 43A

44. Section 44.

Section 44

45. Notification of election of President and Councillors.

Section 45

46. Section 46.

Section 46

47. Recalling of President.

Section 47

48. Grant of leave of absence to President or Vice-President.

Section 48

49. Penalty for refusal to handover charge by outgoing office bearers.

Section 49

50. Municipal Government vests in Council.

Section 50

51. Powers and duties of President.

Section 51

52. Functions of Vice President.

Section 52

53. Procedure in case of non-payment of Municipal dues by Councillors and Office-bearers of Council.

Section 53

54. Meeting of the Council and Committee.

Section 54

55. First meeting after general election.

Section 55

55A. Oath or affirmation by the President and the Councillor.

Section 55A

56. Convening of meeting.

Section 56

57. Power of President and Vice President to call special meeting.

Section 57

58. Place of meeting.

Section 58

59. Chairman of meeting.

Section 59

60. Public to be admitted to the meeting of Council.

Section 60

61. Quorum.

Section 61

62. Minutes of proceedings.

Section 62

63. Decision on questions by majority of votes.

Section 63

63A. Removal of member of a Committee.

Section 63A

64. Adjournments.

Section 64

65. Modification and cancellation of resolution.

Section 65

66. Notice to Government Executive Engineer.

Section 66
part in

67. Right of Government officers to attend address and take part in meeting of Council.

Section 67

68. Power to call upon officers to tender advice, etc.

Section 68

69. Presence of Chief Municipal Officer.

Section 69

70. Constitution of President-in-Council.

Section 70

71. Advisory Committees.

Section 71

72. Consultative Committees.

Section 72

72A. Constitution of Wards Committee.

Section 72A

72B. Constitution of and composition of Mohalla Committees.

Section 72B

73. Absence from meeting of Committee.

Section 73

74. Casual vacancies in any Committee.

Section 74

75. Chairman of the Committee.

Section 75

76. Procedure of Committee meetings.

Section 76

77. Subordination of Committees to instructions of Council and compliance with requisitions.

Section 77

78. Delegation of Council's powers, duties and executive functions.

Section 78

79. Joint Committees.

Section 79

80. Vacancy, etc., not to invalidate proceedings.

Section 80

81. Proceedings of meeting to be deemed to be good and valid.

Section 81

82. Preservation of order.

Section 82

83. Responsibility of Councillors for misapplication of Municipal funds.

Section 83

84. Penalty for interest in contract or employment.

Section 84

85. Councillors not to take part in discussion in certain cases.

Section 85

86. Constitution of State Municipal Service.

Section 86

87. Chief Municipal Officer.

Section 87

88. Health Officer and Engineer.

Section 88

89. Appointment to State Municipal Service pending constitution thereof, etc.

Section 89

90. Arrangement during leave of absence of Chief Municipal Officer.

Section 90

91. Arrangement during leave of absence of Health Officer or Engineer.

Section 91

92. Special functions of Chief Municipal Officer.

Section 92

93. Council may require Chief Municipal Officer to produce documents.

Section 93

94. Appointment of staff.

Section 94

95. State Government to make rules.

Section 95

96. Abstention of officers or servants from political movement, etc.

Section 96

97. Liability of Municipal employees for misappropriation of funds.

Section 97

98. Municipal Officer or servant not to be interested in any contract with Council.

Section 98

99. Penalty for officer or servant being interested in any contract, etc.

Section 99

99A. Essential Municipal Officers and servants.

Section 99A

99B. Power of Government to declare emergency.

Section 99B

99C. Punishment for contravention of Sections 99-A and 99-B.

Section 99C

100. Property vested in Council.

Section 100

101. Management of nazul lands.

Section 101

102. Acquisition of land.

Section 102

103. Transfer of Municipal property to Central; Government.

Section 103

104. Formation of Municipal fund and it shall be held in trust by Council.

Section 104

105. Credit of moneys to Municipal fund.

Section 105

106. Application of Municipal property and fund.

Section 106

107. Repayment of loans.

Section 107

108. Custody and investment of Municipal fund.

Section 108

109. Provisions governing the disposal of Municipal property vesting in or under the management of Council.

Section 109

110. Contracts by or on behalf of Council.

Section 110

114. Cancellation or modification of arrangement binding permanently or for a number of years.

Section 114

115. Power of Council to borrow money.

Section 115

116. Annual estimates of income and expenditure.

Section 116

117. Power of Council to alter budget grants.

Section 117

117A. Services to the Poor Fund.

Section 117A

117C. Utilization of Services to Poor Fund.

Section 117C

118. Power of Council to readjust income and expenditure during year.

Section 118

119. Publication of accounts.

Section 119

119A. Maintenance of Accounts.

Section 119A

119B. Preparation of Municipal Accounting Manual.

Section 119B

120. Quarterly abstracts of accounts.

Section 120

120A. Financial Statement.

Section 120A

120B. Balance Sheet.

Section 120B

120C. Submission of Financial Statement and Balance Sheet to Auditor.

Section 120C

121. Audit of Municipal accounts.

Section 121

121A. Special Audit.

Section 121A

121B. Internal Audit.

Section 121B

121C. Social Audit.

Section 121C

122. Municipal authorities to remedy defect and report.

Section 122

122A. Submission of audited accounts to State Government.

Section 122A

122B. Public Disclosure of Information.

Section 122B

123. Duties of Council.

Section 123

124. Discretionary powers of Council.

Section 124

125. Management of public institutions.

Section 125

126. Annual letting value of land or building.

Section 126

127. Taxes to be imposed under this Act.

Section 127

127B. Imposition of User Charges.

Section 127B

129. Imposition of Taxes and fees.

Section 129

130. Abolition or variation in tax.

Section 130

131. Power of State Government in regard to relief in taxes.

Section 131

132. Power of State Government to grant exemption from taxes.

Section 132

132A. Creation of Infrastructure Development Fund.

Section 132A

133. Refund of taxes.

Section 133

134. Preparation of assessment list.

Section 134

135. Persons liable how to be designated if name is not known.

Section 135

136. Publication of notice of assessment list.

Section 136

137. Public notice of time fixed for lodging objections.

Section 137

138. Investigation of objections by Chief Municipal Officer.

Section 138

139. Appeal to Civil Judge.

Section 139

140. Authentication of assessment list when all objections disposed of.

Section 140

141. Power of Council to amend assessment list.

Section 141

142. Entries in assessment list to be final.

Section 142

143. Notice of increase of rent.

Section 143

144. Notice to be given of demolition of building.

Section 144

145. Failure to give notice of an increase of rent.

Section 145

146. New assessment list need not be prepared every year.

Section 146

147. Responsibility for payment of property tax.

Section 147

148. Right of occupier to recover from owner.

Section 148

150. Notice of transfer of titles, when to be given.

Section 150

151. Form of notice of transfer of titles.

Section 151

156. Tables for tolls to be shown on demand.

Section 156

157. Procedure in case of non-payment of tolls or octroi.

Section 157

160. Recovery by public auction or private contract.

Section 160

161. Method of assessment of duty on transfer of immovable property.

Section 161

162. Power of State Government to require Council to impose taxes.

Section 162

163. Tax not invalid for defect of form.

Section 163

164. Presentation of bills for taxes, rent and other claims.

Section 164

165. General power of recovery of arrears.

Section 165

166. Extent of special provisions for recovery of taxes.

Section 166

167. In what cases warrant may issue.

Section 167

168. Sale of goods distrained.

Section 168

169. Sale outside Municipal area.

Section 169

170. Fees and costs chargeable.

Section 170

171. Summary proceedings against persons about to leave Municipal limits.

Section 171

172. Appeal to Civil Judge.

Section 172

173. Amount of tax, etc, to be final.

Section 173

174. Liability of buildings, lands, etc., for taxes.

Section 174

175. Receipts to be given for all payments.

Section 175

177. Saving.

Section 177

178. Writing off of irrecoverable sums due to Council.

Section 178

179. Powers regarding public streets, etc.

Section 179

180. Powers to require repairs, etc., of private streets.

Section 180

181. Power to declare private street a public street.

Section 181

182. Notice to be given of intention to layout lands for buildings or for private streets.

Section 182

183. Regular line of public street.

Section 183

184. Setting back projecting buildings.

Section 184

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

Section 185

186. Level of buildings.

Section 186

187. Notice of new building.

Section 187

187A. Compounding of offences of construction of buildings without permission.

Section 187A

188. Right of compensation.

Section 188

189. Procedure where bye-laws not framed.

Section 189

190. Power to refuse permission if land is proposed to be acquired.

Section 190

191. Completion certificate and permission to occupy or use.

Section 191

192. Regulation of huts.

Section 192

193. Improvement of huts.

Section 193

194. Permission necessary for certain projections.

Section 194

195. Troughs and pipes for water.

Section 195

196. Fixing of brackets, etc., to houses.

Section 196

197. Naming streets and parks and numbering houses.

Section 197

198. Penalty for defacing buildings, etc.

Section 198

199. Removal and trimming of hedges, frees, etc.

Section 199

200. Municipal control over drains, etc.

Section 200

201. Power for making and repairing drains.

Section 201

202. Consent of other local authority.

Section 202

203. Powers to require sufficient drainage of houses.

Section 203

204. Septic tanks and sanitary latrines.

Section 204

205. New building not to be erected without drains.

Section 205

206. Power of owner and occupiers of buildings or lands to drain into Municipal drains.

Section 206

207. Right to carry drain through land or into drain belonging to other persons.

Section 207

208. Provisions of privies etc.

Section 208

209. Power to require owners to keep drains, etc., in proper order, or to demolish or close privy or cesspool.

Section 209

210. Power to close existing private drains.

Section 210

211. Power in respect of sewers, etc., unauthorisedly constructed, rebuilt or unstopped.

Section 211

212. Encroachments on Municipal drains.

Section 212

213. Inspection of drains etc.

Section 213

214. Municipal Council may execute certain works without allowing person concerned to do so.

Section 214

215. Sanitary and dugwell latrines.

Section 215

216. Service privies.

Section 216

217. Common privies.

Section 217

218. Distance from water supply.

Section 218

219. Powers of carrying water-mains.

Section 219

220. Powers and duties with regard to dangerous, stagnant or unsanitary sources of water supply.

Section 220

221. Ruinous or dangerous buildings, precautionary measures.

Section 221

222. Displacing pavements, etc.

Section 222

223. Prohibition of obstruction in streets.

Section 223

224. Hoards to be set up during repairs., etc.

Section 224

225. Fencing and lighting during repairs etc.

Section 225

226. Timber, etc., not to be deposited or hole made in street without permission.

Section 226

227. Dangerous quarrying.

Section 227

228. Prohibiting lopping of branches, etc., of frees.

Section 228

229. Buildings or rooms in buildings unfit for human habitation.

Section 229

230. Power to enter and inspect etc., buildings.

Section 230

231. Special powers which may be conferred by State Government in respect of over-crowded area.

Section 231

232. Investigation and action.

Section 232

233. Removal of nuisances.

Section 233

234. Person responsible for causing nuisance.

Section 234

235. Condition causing nuisance to be rectified by alteration, reconstruction or demolition.

Section 235

236. Depositing dust, etc., committing nuisance.

Section 236

237. Power to prohibit collection of inflammable materials or lighting fires.

Section 237

238. Power to prohibit unsanitary cultivation.

Section 238

239. Discharging sewage, etc.

Section 239

240. Non-removal of filth, etc.

Section 240

241. Removal of night-soil, etc.

Section 241

242. Filthy building, etc.

Section 242

243. Dust-bin for refuse and garbage.

Section 243

244. Cleansing of loads and roadside drains.

Section 244

245. Equipments and vehicles.

Section 245

246. Using offensive manure, etc.

Section 246

247. Provision of bathing places.

Section 247

248. Bathing places.

Section 248

249. Regulation of washing of clothes by washermen.

Section 249

250. Fouling water.

Section 250

251. Abatement of nuisance from wells, etc.

Section 251

252. Provisions as to dogs.

Section 252

253. Provision as to keeping of pigs.

Section 253

254. Tethering cattle, etc.

Section 254

255. Consumption of smoke.

Section 255

256. Feeding animals on filth.

Section 256

257. Playing any game causing annoyance.

Section 257

258. Prohibiting spitting on public streets, etc.

Section 258

259. Establishment of markets.

Section 259

260. Licensing markets.

Section 260

261. Water supply and sanitary conveniences.

Section 261

262. Opening, closing and letting of markets and slaughter houses.

Section 262

263. Power to remove persons from Municipal markets.

Section 263

264. Places for slaughter of animals for sale.

Section 264

265. Power to regulate slaughter of animals not for sale.

Section 265

266. Inspection before and after slaughter.

Section 266

267. Licensing of butcher.

Section 267

268. Licensing and condition for sale of certain articles of food and drinks.

Section 268

269. Search for and inspection of unwholesome articles.

Section 269

270. Presumption in prosecution.

Section 270

271. Model dairy by Council.

Section 271

272. Licensing of dairies.

Section 272

273. Inspection of dairies and domestic cattle.

Section 273

274. Duties of Council in respect of diseases among cattle, sheep or goats.

Section 274

275. Registration of all births, deaths and marriages.

Section 275

276. Reporting of births and deaths.

Section 276

277. Reporting by medical attendants.

Section 277

278. Penalty for neglect or refusal.

Section 278

279. Council to provide places for recreation.

Section 279

280. Pasture lands.

Section 280

281. Hours and closures.

Section 281

282. Reservation of certain areas for special purposes of public utility.

Section 282

283. Regulation of certain trades.

Section 283

284. Provision of sanitary conveniences.

Section 284

285. Prohibition of use of steam whistles, etc.

Section 285

286. Establishment and maintenance of Fire Brigade.

Section 286

287. Power of Fire Brigade and other persons for suppression of fires.

Section 287

288. Prohibition from begging for alms.

Section 288

289. Special provision with respect to disposal of bodies of dead animals.

Section 289

290. Power over disorderly houses and prostitutes.

Section 290

291. Brothels.

Section 291

292. Control of Prostitution.

Section 292

293. Provision of this part to be in addition to Central Act No. 104 of 1956.

Section 293

294. Service of notices, addressed to individuals.

Section 294

295. Relief to agent, receiver and trustees.

Section 295

296. Punishment for disobedience to orders and notices not punishable under any other section.

Section 296

297. General penalty.

Section 297

298. Council in default of owner or occupier may execute works and recover expenses.

Section 298

299. Occupier in default of owner may execute work and deduct expenses from his rent.

Section 299

300. Proceedings, if any occupier opposes the Execution of the Act.

Section 300

301. Summary powers regarding certain offences.

Section 301

302. Entry for inspection.

Section 302

303. Arbitration in cases of compensation, etc.

Section 303

304. Costs or expenses how determined and recovered.

Section 304

305. Certain sections when to take; effect in the case of Nagar Panchayat.

Section 305

306. Certain powers of Council to be exercised by President and Chief Municipal Officer.

Section 306

307. Appeal against orders of President and Chief Municipal Officer.

Section 307

308. Appeals against orders of Councils, President and Chief Municipal Officer in [Nagar Panchayat] .

Section 308

309. Stay by appellate authority.

Section 309

310. Procedure to be followed by Council, Appeal Committee or Collector.

Section 310

311. Pending cases.

Section 311

312. Power to institute legal proceedings and obtain legal advice.

Section 312

313. Council may prosecute.

Section 313

314. Distress lawful though defective in form.

Section 314

315. Damage to Municipal property how made good.

Section 315

316. Alternative procedure by suit.

Section 316

317. Power to compound offence.

Section 317

318. Indemnity for acts done in good faith.

Section 318

319. Par of suit in absence of notice.

Section 319

320. Powers of police to arrest offenders.

Section 320

321. Police protections at fairs, etc.

Section 321

322. Power of inspection and supervision.

Section 322

323. Power to suspend execution of orders, etc. of Council.

Section 323

324. Extraordinary powers in case of emergency.

Section 324

325. Power to prevent extravagant establishment.

Section 325

326. Enquiry into Municipal matters.

Section 326

327. Power to provide for performance of duties in default of Council.

Section 327

328. Power to dissolve [* * *] Council.

Section 328

329. Power to demand punishment and dismissal.

Section 329

330. Control of State Government.

Section 330

331. Power of State Government of Revision.

Section 331

332. Power of Review.

Section 332

333. Enforcement of order.

Section 333

334. Dispute between Council and other local body.

Section 334

335. Deputation of Government servants.

Section 335

336. Powers of Chief Municipal Officer to be exercised by President in certain cases.

Section 336

338. Agency for execution of Public Works.

Section 338

339. Requisition of service in cases of emergencies.

Section 339

339A. Registration of Colonizer or Builder.

Section 339A

339B. Development of Colonies.

Section 339B

339C. Punishment for Illegal Colonization.

Section 339C

339D. Punishment for abetment of the offence of illegal diversion of land or illegal colonization.

Section 339D

339F. Chief Municipal Officer to take over the management of the land of Illegal Colonization.

Section 339F

339G. Forfeiture of the land involved in illegal colonization.

Section 339G

339H. Punishment for not taking action against illegal colonization.

Section 339H

339I. Colonizer's Responsibility Towards Consumers.

Section 339I

345. Delegation of powers.

Section 345

346. Power to remove difficulties.

Section 346

347. Mode of proof of Municipal records.

Section 347

348. Restriction on the summoning of Municipal servants to produce documents.

Section 348

349. Fees for licences and permissions.

Section 349

350. Contribution by State Government to Municipal fund in certain cases.

Section 350

351. Power of State Government to declare any area to be sanitary zone.

Section 351

352. Public servants.

Section 352

353. Prohibition of remuneration to Councillors.

Section 353

354. Inspection of Municipal works by Councillors.

Section 354

355. Power to make rules.

Section 355

356. General provision regarding rules.

Section 356

357. General provision regarding bye-laws.

Section 357

358. Power to make bye-laws.

Section 358

359. Model bye-laws.

Section 359

360. Copies of rules and bye-laws, etc. to be kept for inspection and sales.

Section 360