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THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 1964
THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 1964 ((For Statement of Objects and Reasons, please see Uttar Pradesh Gazette Extraordinary, dated March 12 1964.)
(U.P. ACT No. XXVII OF1964)
[Authoritative English Text of the Uttar Pradesh Municipalities (Sanshodhan) Adhiniyam, 1964]
An Act to amend the U.P. Municipalities Act, 1916, for certain purposes;
U.P. Act II of 1916.
WHEREAS it is expedient to amend the U.P. Municipalities Act, 1916, for certain purposes;
It is hereby enacted in the Fifteenth Year of the Republic of India as follows:—
Short title.
U.P. Act II of 1916.
1 (1) This Act may be called the Uttar Pradesh Municipalities (Amendment) Act, 1964.
(2) Sections 6 and 7 shall come into force on such date as the State Government may by notification in the Gazette appoint in this behalf, and the remaining sections shall come into force at once.
Amendment of Section 2 of U.P. Act II of 1916
2. In section 2 of the U. P. Municipalities Act, 1916 (herein after called the Principal Act);
(1) for clause (2) the following shall be substituted:—
“(2) ‘Building’ means a house, out-house, stable, shed, hut or other enclosure or structure whether of masonry bricks, wood, mud, metal or any other material whatsoever, whether used as a human dwelling or otherwise, and includes any verandah, platform, plinth, staircase, doorstep, wall including compound wall other than a boundary wall of a garden or agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter.”
(2) after clause (8) the following shall be added as a new clause (8-a):—
“(8-a) ‘Master Plan’ means a comprehensive plan showing therein the existing and proposed location and general layout of:—
(a) arterial streets and transportation lines;
(b) residential sections;
(c) business areas;
(d) industrial areas;
(e) educational institutions;
(f) public parks, playgrounds and other recreational places;
(g) public and semi-public buildings; and
(h) any other places put to any specified use.”
(3) in clause (25) between the words “hire” and “or” the words “or for any other commercial purpose” and after the word “gardens” the words “not appurtenant to any dwelling house” shall be inserted.
Amendment of section 4 of U.P. Act II of 1916.
3. In sub-section (1) of section 4 of the Principal Act:— between the words “official Gazette” and “and cause to be affixed” the words “and in a paper, approved by it for purposes of publication of public notices, published in the district or, if there is no such paper in the district, in the division in which the local area covered by the notification is situate” shall be inserted
Amendment of section 7 of U.P. Act II of 1916.
4. In sub-section (1) of section 7 of the principal Act
(1) after clause (b) the following shall be added as a new clause (bb):—
“(bb) making a survey and erection of boundary marks, of the municipality;”
(2) after clause (d) the following shall be added as a new clause (dd):—
“(dd) confinement, removal or destruction of stray dogs and dangerous animals;”;
(3) in clause (g) between the word “dead” and the semicolon occurring thereafter the words “and making arrangements for the disposal of unclaimed dead bodies after ascertaining from the police in writing that there is no objection to do so” shall be inserted;
(4) after clause (h) the following shall be added, as a new clause (hh):—
“(hh) reclaiming unhealthy localities;”:
(5) after clause (j) the following shall be added as a new clause (jj):—
“(jj) maintaining in addition to any other source of water supply, public wells, if any, in working condition guarding from pollution their water and keeping it fit for human consumption:
(6) the existing clause (q) shall be substituted by the following :—
“(g) protecting, maintaining and developing the property vested in, or entrusted to the management of the board; and
(7) after clause (q) the following shall be added as a new clause (qq):—
“(qq) maintaining the finances of the board in satisfactory condition and meeting its liabilities;”.
Amendment of section 8 of U.P. Act II of 1916.
5. In sub-section (1) of section 8 of Principal Act:—
(1) the existing clauses (c) , (f) and (h) shall be deleted ;
(2) after clause (a) the following shall be added as new clause (aa):—
“(aa) preparing and executing Master Plan;
(3) after clause (e) the following shall be added as a new clause (ee):—
“(ee) granting rewards for information leading to the detection of evasion of tax imposed under this Act, or the detection of the causing of injury to or encroachment on property vested in, or entrusted to the management and control of the board;
(4) after clause (k) the following shall be added as a new clause (kk):—
“(kk) promoting tourist traffic;”; and
(5) the existing clause (mm) shall be substituted by the following :—
“(mm) removing social disabilities of scheduled castes and backward classes in such manner as may be prescribed.”
Amendment of section 9 of U.P. Act II of 1916.
6. In clause (b) of section 9 of the Principal Act, for the figures “15” and “50” the figures “10” and “40” respectively shall be substituted.
Amendment of section 10-A of U.P. Act II of 1916.
7. In section 10-A of the Principal Act, for the words “four years” the words “five years” shall be substituted.
Amendment of section 13-D of U.P. Act II of 1916.
8. In section 13-D of the Principal Act—
(1) for clause (a) the following shall be substituted :—
“(a) is a dismissed servant of a local authority, the Central Government or the Government of a State or Union Territory, and is debarred from re-employment thereunder; or” ;
(2) clause (e) shall be deleted;
(3) in clause (h) between the word “leprosy” and the semi-colon occurring thereafter, the words “or any such infectious disease as may be specified by the State Government by order” shall be inserted;
(4) after clause (i) the following shall be inserted as a new clause (ii) :—
“(ii) has been convicted of any offence punishable with imprisonment under section 171-E or an offence punishable under section 171-E of the Indian Penal Code, 1860 ; or” ;
(5) for clause (j) the following shall be substituted:—
U.P. Act no. II of 1947.
U.P. Act XII no. of 1953
U.P. Act no XXXVII of 1954.
“(j) has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the U.P. Control of Supplies (Temporary Powers) Act, 1947, as re-enacted by the U.P. Control of Supplies (Temporary Powers) Act, 1953, or the Prevention of Food Adulteration Act, 1954, or for an offence which is declared by the State Government to involve such moral turpitude as to render him unfit to be a member, or has been ordered to execute a bond for good behaviour in consequence of proceedings under section 109 or 110 of the Code of Criminal Procedure, 1898, such sentence or order not having been subsequently reversed:”; and
(6) for the “full-stop” occurring at the end of the second proviso a colon shall be substituted and thereafter the following shall be added as third proviso:—
“Provided also that in case of (j)—
(i) the disqualification shall cease on the expiry of five years from the date of his release or from the date of the expiry of the period for which he is required to execute a bond for good behaviour, as the case may be; and
(ii) the disqualification shall not, in the case of a person who is, on the date of the disqualification, a member of the board, take effect until three months have elapsed from the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of.”
Substitution of new sections for sections 20, 21 and 22 of U. P. Act II of 1916.
9. For the existing sections 20, 21 and 22 of the Principal Act, the following shall be substituted:
“20. (1) An election petition shall be presented within 30 days after the day on which the result Form and pre of the election sought to be questioned sentation of is announced by the Returning Officer, election petitions and shall specify the ground or grounds on which the election of the respondent is questioned and shall contain a concise statement of the material facts on which the petitioner relies and set forth the full particulars of any corrupt practices that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practices and the date and place of the commission of each such practice.
Act no. V of 1908.
(2) The petition shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.
(3) The petition may be presented by any candidate in whose favour votes have been recorded and who claims in the petition to be declared elected in the room of the person whose election is questioned or by ten or more electors of the municipality or by a person who claims that his nomination paper was improperly rejected.
(4) The person whose election is questioned and, where the petitioner claims that any other candidate should be declared elected in the room of such person, every unsuccessful candidate who is not a petitioner in the petition shall be made a respondent to the petition.
(5) The petition shall be presented to the District Judges, or in district where there is no headquarters of the District Judge, to the Civil Judge, within whose jurisdiction the municipality to which the election petition relates is situate:
Provided that the petition shall not be entertained by the District Judge or the Civil Judge, as the case may be, unless it is accompanied by a treasury challan showing that the prescribed security has been deposited.
Recriminatory proceedings.
21. (1) Where in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such other candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party shall not be entitled to give such evidence unless he has within twenty-one days from the date of the service upon him of the notice of the election petition, given notice to the election tribunal of his intention to do so and has also deposited the security prescribed in the case of an election petition questioning the election of a member.
(2) Every notice referred to in sub-section (1) shall be accompanied by a settlement of ground or grounds and of material facts and full particulars required by section 20 in the case of an election petition and shall be signed and verified in like manner.
Hearing of competition by Election Tribunal.
22. (1) An election petition not complying with the provisions of section 20 or upon which the requisite court-fee has not been paid at the time of presentation or within such further time not exceeding fourteen days is the District Judge or the Civil Judge, as the case may be may have granted, shall be rejected by such Judge.
(2) An election petition not rejected under sub-section (1) shall be heard by a Tribunal consisting of a District Judge or an Additional District Judge appointed by the Director of Elections (Local Bodies) in this behalf.
(3) The petition shall be heard at a place in the district within which the municipality to which the election petition relates is situate.
(4) If for any reason a vacancy occurs in the office of a member of Tribunal and the Director of Elections (Local Bodies) appoints any other District Judge or Additional District Judge to fill the vacancy, the trial of the petition shall be continued by the Judge so appointed as if he had been on the Tribunal from the beginning:
Provided that the Tribunal may, if it thinks fit, recall and re-examine any of the witnesses already examined.”
Insertion of new section 23-A in U. P. Act II of 1916.
10. After section 23 of the Principal Act the following shall be added as a new section:—
Transfer of election petition
“23-A. The Director of Elections (Local Bodies) may at any stage, after notice to parties and for reasons to be recorded, withdraw any petition pending before the Tribunal and transfer it for trial to another Tribunal constituted in accordance with the provisions of section 22; and upon such transfer that Tribunal shall proceed with the trial from the stage at which it was withdrawn:
Provided that it may, if it thinks fit, recall and re-examine any of the witnesses already examined.”
Amendment of section 30 of U. P. Act II of 1916.
11. In section 30 of the Principal Act for the words “persists in making” the words “has made a wilful” and for the words “is exceeding or abusing” the words “has exceeded or abused” shall be substituted.
Amendment of section 34 of U. P. Act II of 1916.
12. In sub-section (1-B) of section 34 of the Principal Act, between the words “public interest” and the comma occurring thereafter, the words “or has been passed or made in abuse of powers or in flagrant breach of any provision of any law for the time being in force” shall be inserted.
Amendment of section 35 of U. P. Act II of 1916.
13. The full-stop at the end of sub-section (1) of section 35 in the Principal Act shall be deleted and the following words shall be added:—
“or the carrying out of that order or direction.”
Amendment of section 36 of U.P. Act II of 1916.
14. In sub-section (1) of section 36 of the Principal Act, for the words “for the safety or protection of the public” the words “for the safety, protection or convenience of the public” shall be substituted.
Amendment of section 40 of U.P. Act II of 1916.
15. In section 40 of the Principal Act:—
(1) In sub-section (1)—
(i) in clause (c), for the words “share or interest”, the words “share or interest, whether pecuniary or of any other nature” shall be substituted;
(ii) in clause (d), for the words “personal interest” the words “personal interest, whether pecuniary or of any other nature” shall be substituted, and the word “or” occurring at the end of this clause shall be omitted;
(iii) for clauses (e) and (f) the following shall be substituted:—
“(e) that he being a legal practitioner has during the term of his membership acted or appeared in any suit or other proceeding on behalf of any person against the board or against the State Government in respect of Nazul land entrusted to the management of the board or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted, by or on behalf of the board;
(f) that he has abandoned his ordinary place of residence in or has voluntarily or otherwise transferred his residence from the municipal area concerned, unless the member himself resigns his seat within three months of such abandonment or transfer;”;
(iv) after clause (f) the following clauses shall be inserted:—
“(g) that he has been guilty of persistent mis-behaviour or disorderly conduct at meetings of the board and a complaint to that effect is made to the State Government by the President or any other member; or
(h) that he has been guilty of any other misconduct as a member.”
(2) in sub-section (2) between the words “reinstate the member” and the full-stop following them, the words “or substitute an order under sub-section (6)” shall be inserted;
(3) for sub-section (3), the following shall be substituted:—
“(3) The State Government may remove from the board a member who, in its opinion, has during the current on the last preceding term of the board so flagrantly abused his position as a member or being a member, wilfully contravened any of the provisions of this Act or any rule, regulation or bye-law or caused such loss or damage to the fund or property of the board, as to render him unfit to continue as a member;”;
(4) the existing sub-section (5) shall be substituted by the following :—
“(5) The State Government may place under suspension a member who is called upon to show cause in respect of any matter referred to in sub-section (3) or against whom prosecution for an offence, which in the opinion of the State Government involves moral turpitude, is commenced, until the conclusion of the inquiry or the prosecution, as the case may be, and any member who has been so suspended shall not, so long as the order of suspension continues to remain in force, be entitled to take part in any proceedings of the board or otherwise perform the duties of a member:
Provided that notwithstanding an order of suspension under this sub-section, he shall be deemed to continue as a member for purposes of section 87-A and shall be entitled to take part in the proceedings of a meeting convened under that section.” ; and
(5) after sub-section (5) the following new sub-section shall be inserted:-
“(6) Without prejudice to any of the foregoing powers the State Government or the Prescribed Authority, as the case may be, may, on any of the grounds referred to in sub-section (1), instead of removing the member, give him a warning or place him under suspension for a specified term not exceeding three months at a time, and any member who has been so suspended shall not, as long as the order of suspension continues to remain in force, be entitled to take part in any proceedings of the board or otherwise perform the duties of a member.
Explanation—The power of administering warning or placing a member under suspension under sub-section (6) may be exercised either by the State Government or the Prescribed Authority, as the case may be, while dealing with the matter originally under sub-section (1) or sub-section (3) or by the State Government on appeal under subsection (2).”
Amendment of section 41 of U.P. Act II of 1916.
16. In sub-section (3) of section 41 of the Principal Act the word “four” shall be substituted by the word “five”.
Amendment of section 43-B of U.P. Act II of 1916.
17. In section 43-B of the Principal Act:-
(1) for sub-sections (3), (4) and (5) the following shall be substituted:—
“(3) An election Petition shall be presented to the District Judge, or in a district where there is no headquarters of the District Judge, to the Civil Judge, within whose jurisdiction the municipality to which the election Petition relates is situate:
Provided that the Petition shall not be entertained by such Judge unless it is accompanied by a treasury challan showing that the amount of security prescribed by order under section 43-C has been deposited.
(4) An election petition not presented within the time or in the manner prescribed by order under section 43-C or upon which the requisite court-fee has not been paid at the time of the presentation or within such further time not exceeding 14 days, as the District Judge, or the Civil Judge, as the case may be, may have granted, shall be rejected by such Judge.
(5) An election Petition not rejected under sub-section (4) shall be heard by a Tribunal consisting of a District Judge or an Additional District Judge appointed by the Director of Elections (Local Bodies) in this behalf”; and
(2) after sub-section (5) the following shall be added as new sub-sections:—
“(6) If for any reason, a vacancy occurs in the, office of a member of a Tribunal and another District Judge or Additional District Judge is appointed by the Director of Elections (Local Bodies) to fill the vacancy, the trial of the Petition shall be continued as if he had been on the Tribunal from the beginning:
Provided that the Tribunal may, if it thinks fit, recall and re-examine any of the witnesses already examined.
(7) The Director of Elections (Local Bodies) may at any stage, after notice to parties and for reasons to be recorded, withdraw any petition pending before a Tribunal and transfer it for trial to another Tribunal constituted in accordance with sub-section (5); and upon such transfer that Tribunal shall proceed with the trial from the stage at which it was withdrawn:
Provided that it may, if it thinks fit, recall and re-examine any of the witnesses already examined.”
Insertion of a new section 43-D in U.P. Act II of 1916.
18, After section 43-C of the Principal Act the following shall be added as a new section 43-D:—
Oath or allegiance and office.
“43-D. (l) The President and every member of a board shall, before taking his seat, make and subscribe at a meeting of the board oath or affirmation of his allegiance to the Constitution in the following form:—
“I, A. B., having been elected a member /President of this board do swear in the name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will faithfully and conscientiously discharge the duties upon which I am about to enter.”
(2) The President or the member who fails to make within three months of the date on which his term of office commences or at any one of the first three meetings of the board held after the said date, whichever is later, unless this period is extended by the District Magistrate, the oath or affirmation laid down in and required to be taken by sub-section (1) shall cease to hold his office and his seat shall be deemed to have become vacant.
(3) Any person required under sub-section (1) to make an oath or affirmation shall not take his seat at a meeting of the board or do any act as a member or President of the board unless he has made and subscribed an oath or affirmation as laid down under sub-section (1).
(4) As soon as may be after the constitution of the board, the District Magistrate shall convene a meeting of the board for the administration of oath or affirmation under this section in the manner prescribed and such meeting shall be presided over by the District Magistrate or in his absence, by a Deputy Collector nominated by him in this behalf.
(5) The Executive Officer shall, as soon as may be, report to the District Magistrate the name of the President or member, if any, who ceases to hold his office under sub-section (2).”
Amendment of section 47-A of U.P. Act II of 1916.
19. In section 47-A of the Principal Act—
(1) In clause (a) of sub-section (1) for the word “sending” the word “receipt” shall be substituted, and for the word “dissolve” the word ‘‘supersede” shall be substituted ;
(2) for clause (b) of sub-section (1) the following shall be substituted:—
“(b) unless he resigns under clause (a), cease to hold office of President on the expiry of three days after the date of receipt of such communication, and thereupon a casual vacancy shall be deemed to have occurred in the office of the President within the meaning of section 44-A:
Provided that if a representation has been made in accordance with clause (a) the board shall not elect a President until an order has been made by the State Government under sub-section (3).”
(3) sub-section (2) shall be deleted ;
(4) in sub-section (3) for the words “either ask the President to resign or dissolve the Board including the President” the following shall be substituted :—
“either supersede the board for such period, not exceeding the remainder of the term of the board, as may be specified, or reject the representation.”;
(5) sub-sections (4) and (5) shall be deleted ;
(6) for sub-section (6) the following shall be substituted :—
“(6) If the State Government supersedes the board under sub-section (3) the consequences mentioned in section 31 shall follow as if there had been a supersession under section 30.”
Amendment of section 48 of U. P. Act II of 1916.
20. In section 48 of the Principal Act—
(1) for the existing sub-section (2) the following shall be substituted:—
“(2) Where the State Government has, at any time, reason to believe that—
(a) there has been a failure on the part of the President in performing his duties, or
(b) the President has—
(i) incurred any of the disqualifications mentioned in sections 12-D and 43-AA ; or
(ii) within the meaning of section 82 knowingly acquired or continued to have, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, in any contract or employment with, by or on behalf of the board ; or
(iii) knowingly acted as a President or as a member in a matter other than a matter referred to in clauses (a) to (g) of sub-section (2) of section 82, in which he has, directly or indirectly, or by a partner, any share or interest, whether pecuniary or of any other nature, or in which he was professionally interested on behalf of a client, principal or other person ; or
(iv) being a legal practitioner acted or appeared in any suit or other proceeding on behalf of any person against the board or against the State Government in respect of nazul land entrusted to the management of the board, or acted or appeared for or on behalf of any person against whom a criminal proceeding has been instituted by or on behalf of the board ; or
(v) abandoned his ordinary place of residence in the municipal area concerned ; or
(vi) been guilty of misconduct in the discharge of his duties ; or
(vii) during the current or the last preceding term of the board so flagrantly abused his position as President of the board, or, being a President or member, willfully contravened any of the provisions of this Act or any rule, regulation or bye-law, or caused such loss or damage to the municipal fund or to property vested in, or entrusted to the management and control of, the board, as to render him unfit to continue to be President ; or
(viii) been guilty of any other misconduct whether as President or as a member ; it may call upon him to .show cause within the time to be specified in the notice why he should not be removed from office.” ;
(2) after sub-section (2) the following new sub-sections shall be added :—
“(2-A) After considering any explanation that may be offered by the President and making such enquiry as it may consider necessary, the State Government may, for reasons to be recorded in writing, remove the President from his office:
Provided that in a case where the State Government has issued notice in respect of any ground mentioned in clause (a) or sub-clause (ii), (iii), (iv), (vi), (vii) or (viii) of clause (b) of sub-section (2) it may instead of removing him give him a warning.
(2-B) An order passed by the State Government under sub-section (2-A) shall be final and shall not be questioned in any court.” ; and
(3) for the existing sub-sections (3) and (4), the following shall be substituted :—
“(3) The State Government may place under suspension a President who is called upon to show cause in respect of any ground mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of sub-section (2) or against whom a prosecution for an offence which in the opinion of the State Government involves moral turpitude, is commenced until the conclusion of the enquiry or the prosecution, as the case may be, and where a President has been so suspended he shall not, for so long as the order of suspension continues, be entitled—
(a) to exercise the powers or perform the duties of a President conferred or imposed upon him by or under this Act or any other enactment for the time being in force, or
(b) to take part in any proceedings of the board.
(4) A President removed under sub-section (2-A) shall also cease to be a member of the board and in case of removal on any of the grounds mentioned in clause (a) or sub-clause (vi), (vii) or (viii) of clause (b) of sub-section (2), shall not be eligible for re- election as President or member for a period of five years from the date of his removal.”
Amendment of section 50 of U. P. Act II of 1916.
21. In section 50 of the Principal Act, between the words ‘‘the board and” and “not otherwise”, a comma and thereafter the following words shall be inserted:—
“subjects to the provisions of sections 53 and 53-A,”.
Amendment of section 54-A of U. P. Act II of 1916.
22. In section 54-A of the Principal Act, for sub-section (1 the following shall be substituted :—
Provision for exercise of powers, etc. of President in certain contingencies and procedure for election of Vice-President.
“(1) Where a person on being elected President fails or refuses to function or is otherwise not able to function, or a casual vacancy occurs in the office of the President within the meaning of section 44-A, and procedure for no Vice-President has been elected accordance with this Act, or there is no Vice-President otherwise able to function, the powers and functions of the President shall, until a President or Vice-President is able to function, be exercised and performed by the District Magistrate or by a gazetted officer not below the rank of a Deputy Collector appointed by the District Magistrate in this behalf.”
Amendment of section 55 of U.P, Act II of 1916.
23. After sub-section (2) of section 55 of the Principal Act the following shall be added as a new sub-section (3) :—
“(3) The provisions of section 48 shall apply mutatis mutandis to the Vice-President in respect of the performance of any duty or exercise of any powers under this section.”
Provided that when the period of vacancy which initially did not exceed two months is subsequently extended due to unforeseen circumstances the appointment made by the President may continue subject to the approval of the State Government.”;
(2) for the existing sub-section (3) the following shall be substituted:—
“(3) The salaries and conditions of service appertaining to such appointments shall be such as may be prescribed, and the provisions of section 58, with such modifications as may be prescribed, shall apply to persons so appointed.”
Amendment of section 60 of U.P. Act II of 1916.
27. In section 60 of the Principal Act—
(1) in sub-section (1)—
(i) between the figures “57” and the word “or” a comma and thereafter the figures “59” shall be inserted; and
(ii) between the word “and” and the words “not otherwise” a comma and thereafter the words “subject to the provisions of section 62”, shall be inserted; and
(2) in sub-section (2) the words “save as provided in section 73” shall be deleted and the word “all” shall be substituted by the word “All”.
Amendment of section 60-B of U. P. Act II of 1916.
28. In section 60-B of the Principal Act—
(1) between the words “Waterworks Departments” and “shall exercise”, the words “and of Municipal Museum” shall be inserted;
(2) between the words “their departments” and the comma following thereafter, the words “or museum” shall be inserted.
Amendment of section 62 of U. P. Act II of 1916.
29. In section 62 of the Principal Act—
(1) sub-section (1) shall be substituted by the following:—
“(1) With the sanction of the President, an Executive Officer or a Medical Officer of Health may empower, by general or special order, any servant of the board to exercise, under his control, any power, other than a power delegated to him under clause (f) of sub-section (1) of section 60 conferred on him by or under this Act.” ;
(2) the fullstop at the end of sub-section (3) shall be substituted by a comma and thereafter the words “as the case may be” shall be added.
Amendment of section 65 of U.P. Act II of 1916.
30. In section 65 of the Principal Act, the words “and to obtain the approval of the State Government to such appointment” shall be deleted.
Amendment of section 66 of U.P. Act II of 1916.
31. For the existing sub-section (2) of section 66 in the Principal Act the following shall be substituted:—
“(2) Each such appointment shall be subject to prior approval of the Prescribed Authority and the salaries and other conditions of service of the persons so appointed shall be such as may be prescribed.”
Insertion of a new section 66-A in U.P. Act II of 1916.
32. After section 66 of the Principal Act the following shall be added as a new section 66-A:—
Appointment of officiating Secretary
“66-A. (1) During the absence on leave, or other temporary vacancy in the office of a Secretary appointed under section 66, if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act as Secretary, and if the period exceeds two months an appointment shall be made by the board in accordance with the provisions of section 66.
(2) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances the appointment made by the President may continue subject to the approval of the State Government.
(3) Every person so appointed may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactment on the person for whom he is appointed to act.
(4) The salary and other conditions of service of a person appointed under sub-section (1) shall be such as may be prescribed.”
Amendment of section 67 of U.P. Act II of 1916.
33. For section 67 of the Principal Act the following shall be substituted:—
“67. A board may dismiss, remove or otherwise punish any Secretary appointed under section 66 or section 66-A, by special resolution supported by not less than two- thirds of the members constituting the board, subject to this right of appeal to such authority within such time and in such manner, as may be prescribed:
Provided that the board shall, in dismissing, removing or otherwise punishing the Secretary follow the procedure that may be prescribed in this behalf.”
Amendment of section 68 of U.P. Act II of 1916.
34. For section 68 of the Principal Act the following shall be substituted:-
“68. (1) A board may, and if so required by the State Government, shall, by special resolution, appoint the principal officers of its technical departments such as Civil Engineer, Assistant Civil Engineer, Electrical Engineer, Assistant Electrical Engineer, Waterworks Engineer, Assistant Waterworks Engineer, Electrical and Waterworks Engineer, Assistant Electrical and Waterworks Engineer or Overseer and also Secretary where there is already an Executive Officer, and Superintendent or Lady Superintendent of Education.
(2) During the absence on leave, or other temporary vacancy in the office of any of the officers mentioned in sub-section (1), if the period of such leave or vacancy does not exceed two months, the President may appoint a person to act in such office; if the period exceeds two months an appointment shall be made by the board in accordance with the provisions of sub-section (1).
(3) When the period of vacancy in which appointment has been made under the first part of sub-section (2) is subsequently extended beyond two months due to unforeseen circumstances, the appointment made by the President may continue subject to the approval of the State Government.
(4) Every person appointed under sub-section (2) may exercise the powers and shall perform the duties conferred or imposed by or under this or any other enactment on the person for whom he is appointed to act.
(5) Each appointment made under sub-section (1) or the second part of sub-section (2) shall be subject to the prior approval of the State Government.
(6) The salary and other conditions of service of a person appointed under this section shall be such as may be prescribed.”
Amendment of section 69 of U.P. Act II of 1916.
35. In section 69 of the Principal Act—
(1) the existing sub-section (1) shall be substituted by the following:-
“(1) A board may, by special resolution, dismiss, remove or otherwise punish any officer appointed under section 68 or the proviso to sub-section (2) of section 57, subject to the conditions provided in section 58 in respect of the dismissal, removal or other punishment of an Executive Officer.” ;
(2) sub-section (2) shall be deleted.
Amendment of section 69-A of U.P. Act II of 1916.
36. In section 69-A of the Principal Act—
(1) in sub-section (1)—
(i) between the words and figures “under section 68” and the comma following them the words and figures “or the proviso to sub-section (2) of section 57” shall be inserted;
(ii) the fullstop at the end shall be deleted and thereafter the following shall be added:—
“and the passing of the final order by the Prescribed Authority or the board, as the case may be, under sub-section (4).” ;
(2) for the existing sub-section (2) the following shall be substituted:—
“(2) Whenever the President takes action under sub-section (1), he shall within a week inform the Prescribed Authority and also forward to it a copy of the charges, and in case an order of suspension has been passed, the President shall also forward to the Prescribed Authority the material forming the basis of the charges.” ;
(3) after sub-section (2) so substituted the following new sub-section shall be inserted—
“(2-A) The order of suspension under sub-section (1) may at any time be revoked or modified by the Prescribed Authority.”;
(4) for the existing sub-sections (4) and (5) the following shall be substituted:—
“(4) After the enquiry is completed, the President shall submit the record with his recommendations to the Prescribed Authority or to the board, as he may consider fit. The Prescribed Authority or the board, as the case may be, shall thereupon, notwithstanding anything contained in sub-section (1) of section 58 of section 67 or section 69, proceed to consider the report and may, after such further inquiry as it may deem necessary, dismiss, remove or otherwise punish or exonerate the Executive Officer or Secretary or other officer as the case may be:
Provided that the board shall act under this sub-section through a special resolution supported by not less than two-thirds of the members constituting the board.
(5) An appeal against an order of dismissal, removal or other punishment passed under sub-section (4) by the President Authority or the board, shall lie to the State Government within such time and in such manner as may be prescribed.”
Insertion of a new section 69-B in U. P. Act II of 1916.
37. After section 69-A of the Principal Act the following shall be added as a new section 69-B:—
Centralization of services of municipal officers and servants.
“69-B. (1) Notwithstanding anything contained in sections 57, 59, 65, 66, 66-A, 68 and 74 the State Government may at any time by rules provide for the creation of one or more services of such officers and servants as the State Government may deem fit common to all or some municipal boards or to the municipal boards and Mahapalikas of the State and prescribe the methods of recruitment and conditions of service of persons appointed to any such service.
(2) When any such service is created, officers and servants serving on the posts included in the service may, if found suitable, be absorbed in the prescribed manner in the service and thereupon the provisions of sections 58, 67, 69, 69-A, and 74, as the case may be, shall cease to apply to such officers and servants”.
Amendment of section 71 of U.P. Act II of 1916.
38. In section 71 of the Principal Act—
(1) between the words “by” and “resolution” the word “special” shall be inserted.
(2) for the words “the salaries to be paid to them respectively” the words “their qualifications and conditions of service” shall be substituted.
Amendment of section 72 of U.P. Act II of 1916.
39. In section 72 of the Principal Act, between the words “a board” and the words “may appoint” a comma and thereafter the words “President or Executive Officer, as the case may be,” shall be inserted.
40. In section 73 of the Principal Act—
Amendment of section 73 of U.P. Act II of 1916.
(1) In sub-section (1), for the words “the Chairman, Education Committee, or such other” the word “such” shall be substituted;
(2) in sub-section (2) the word “dismissal”, and the comma following it shall be deleted.
Amendment of section 74 of U.P. Act II of 1916.
41. For the existing section 74 of the Principal Act the following shall be substituted:—
“74. Subject to any provisions to the contrary contained in sections 57 to 73, servants on or drawing a monthly salary exceeding Rs.50 or in a city Rs.75 shall be appointed and may be dismissed removed or otherwise punished, or the services of a probationer may be terminated, by the President, subject to the right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed:
Provided that an appointment on a monthly salary of Rs.250 or over in the case of cities and Rs.100 or over in other cases shall be subject to approval of the board.”
Amendment of section 76 of U.P. Act II of 1916.
42. For section 76 of the Principal Act the following shall be substituted:-
“76. Except as otherwise provided, the Executive Officer, and where there is no Executive Officer, the President may dismiss, remove or otherwise punish servants of the board, or terminate the services of probationers, on or drawing a monthly salary not exceeding Rs.50 or in a city Rs.75 subject to their right of appeal, except in the case of the termination of the service of a probationer, to such authority within such time and in such manner as may be prescribed.”
Amendment of section 77 of U.P. Act II of 1916.
43. In clause (b) of sub-section (1) of section 77 of the Principal Act, between the word “dismissal” and the words “of persons so appointed” a comma and thereafter the words “removal or other punishment or discharge or termination of service” shall be inserted.
Insertion of new sections 77-A and 77-B in U.P. Act II of 1916.
44. After the existing section 77 of the Principal Act, the following shall be added as new sections 77-A and 77-B:-
Powers of appellate authority in disciplinary matters.
“77-A. The appellate authority to which an appeal against an order of dismissal, removal or other Punishment is preferred under this Act or the rules may—
(a) set aside, reduce or confirm the penalty; or
(b) remit the case to the authority which imposed the penalty with such directions as it may deem fit.
Power of suspension.
77-B. (1) The authority competent to punish an officer or servant of the board may place him under suspension—
(a) where a disciplinary proceeding against him is contemplated or pending, or
(b) where a criminal case against him in respect of an offence involving moral turpitude is under investigation, enquiry or trial.
(2) Where a penalty of dismissal or removal imposed upon an officer or servant of the board is set aside in appeal under this Act or the rules and the case is remitted for further enquiry or action or with any other directions, the officer or servant shall be deemed to have been placed or continued under suspension on and from the date of the original order or dismissal or removal.
(3) Where a penalty of dismissal or removal imposed upon an officer or servant of the board is set aside or declared or rendered void in consequence of or by a decision of a Court of law, and the punishing authority, on a consideration of the circumstances of the case decides to hold a further enquiry against him on the allegations on which the penalty of dismissal or removal was originally imposed, the officer or servant shall be deemed to have been placed or continued under suspension by the punishing authority on and from the date of the original order of dismissal or removal.
(4) An order of suspension made or deemed to have been made under this section may at any time be revoked by the authority which made or is deemed to have made the order or by the appellate authority.
(5) A board shall act under this section by a special resolution supported by not less than two-thirds of the members constituting the board.
(6) An Officer or servant is placed or is deemed to have been placed under suspension shall during the period of such suspension be entitled to receive, instead of salary, such subsistence allowance as may be prescribed.”
Amendment of section 81 of U.P. Act II of 1916.
45. For the existing section 81 of the Principal Act, the following shall be substituted:—
Surcharge
“81. (1) The President and every Vice-President, member, officer and servant of the board shall be liable to surcharge for the loss, waste or misapplication of any money or property of the board, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while acting as such President, Vice-President, member, officer or servant.
(2) The procedure of surcharge and the manner of the recovery of the amount involved in loss, waste or misapplication shall be such as may be prescribed.
(3) Where no surcharge proceedings are taken, the board, with the previous sanction of, or on being directed by, the Prescribed Authority, may institute a suit for compensation against such person.”
Amendment of section 82 of U.P. Act II of 1916.
46. In section 82 of the Principal Act, for the words “share or interest” wherever occurring the words “share or interest, whether pecuniary or of any other nature”, shall be substituted.
Amendment of section 83 of U.P. Act II of 1916.
47. In section 83 of the Principal Act, for the words “share or interest”, wherever occurring, the words “share or interest, whether pecuniary or of any other nature” shall be substituted.
Amendment of section 86 of U.P. Act II of 1916.
48. In section 86 of the Principal Act—
(1) in sub-section (2) for the words “one month” the word “fifteen days” shall be substituted and the fullstop at the end shall be substituted by a colon, and thereafter the following shall be added:—
“Provided that the President may, for reasons to be recorded, postpone a meeting, other than a meeting convened on the requisition of members as above, by giving such notice as may be provided by regulation in this behalf.”; and
(2) after sub-section (4) the following shall be added as a new sub-section (5):—
“(5) The President shall report to the District Magistrate the name of any member who has, without obtaining sanction from the board, absented himself from the meetings of the board for more than three consecutive months or three consecutive meetings, whichever is the longer period.”
Amendment of section 87-A of U. P. Act II of 1916.
49. In section 87-A of the Principal Act—
(1) at the end of sub-section (11) for the fullstop, a colon shall be substituted and the following shall be added as a proviso thereto:
“Provided that if the President refuses or avoids to take delivery of the copies so forwarded, the same shall be affixed at the outer door of his last known residence and he shall be deemed to have received the same at the time such, affixation is made”; and
(2) in sub-section (13), between the word “quorum” and the comma occurring thereafter the words “which shall be not less than one-half of the total number of members of the board for the time being” shall be inserted.
Amendment of section 94 of U.P. Act II of 1916.
50. In section 94 of the Principal Act—
(1) after sub-section (1) the following new sub-section shall be added:—
“(1-A) The Executive Officer or where there is no Executive Officer the Secretary of the board Shall maintain a register of attendance of members and every member shall sign it before taking his seat at any meeting of the board.”;
(2) for sub-section (2) the following shall be substituted:—
“(2) The minutes shall be read out at the meeting or the next ensuing meeting and, unless objected to by a majority of such of the members if any, present at the reading as were also present at the proceedings recorded in such minutes, shall be certified as passed by the signature, of the President of the meeting at which they are read;”; and
(3) in sub-section (3), for the words “be published in a local paper published in Hindi and where there is no such local paper, in such manner as the State Government by general or special order direct,” the words “be published in Hindi in any paper approved by the State Government for purposes of publication of public notices, published in the district, or if there is no such paper in the district, in the division, in which the municipality concerned is situate and where there is no such paper, be posted up on the notice boards of the Municipal Office and Collectorate Office for three consecutive days” shall be substituted.
Amendment of section 96 of U.P. Act II of 1916.
51. In section 96 of the Principal Act—
(1) in clause (b) of sub-section (1) for the words “one thousand” and “two hundred and fifty” the words “two thousand” and “five hundred” respectively shall be substituted.;
(2) at the end of sub-section (2) the following shall be added:—
“Provided that the contracts sanctioned by a committee, officer or servant shall be placed before the board for information at the next ensuing meeting.”;
(3) in sub-section (3),for the words “Provided that, where” the word “Where” shall be substituted and after the word and comma “description,” the words “other than a contract of either description specified in sub-section (1)” shall be inserted.
Amendment of section 109 of U.P. Act II of 1916.
52. After sub-section (2) of section 109 of the Principal Act, the following shall be added as a new sub-section (3):—
“(3) The board may, for reasons to be recorded, vary or over-ride any decision of the committee.”
Amendment of section 115 of U.P. Act II of 1916.
53. For sub-section (1) of section 115 of the Principal Act, the following shall be substituted:—
“(1) The municipal fund shall be kept in the Government treasury or sub-treasury or in the State Bank of India or, with the previous sanction of the State Government, in the U. P. Co-operative Bank or in a scheduled bank.”
Amendment of section 116 of U.P. Act II of 1916.
54. In clause (d) of section 116 of the Principal Act between the word and comma “dung,” and the word “ashes” the word “nightsoil” and a comma thereafter shall be inserted.
Amendment of section 128 of U.P. Act IV of 1916.
55. In section 128 of the Principal Act—
(1) in sub-section (1)—
(i) after clause (iii) the following shall be added as new clause (iii-a):—
“(iii-a) a theatre-tax, which means a tax on amusements or entertainments;”;
(ii) after clause (x) the following shall be added as new clause (x-a):—
“(x-a) a drainage tax on the annual value of buildings leviable on such buildings as are situated within a distance, to be fixed by Rule in this behalf for each municipality, from the nearest sewer line”;
(iii) for clause (xii) the following shall be substituted:—
“(xii) a conservancy tax for the collection, removal and disposal of excrementatious and polluted matter from privies, urinals, and cesspools;”;
(iv) after clause (xiii) the following shall be added as a new clause (xiii-B):—
(xiii-B) A tax on deeds of transfer of immovable property situated within the limits of the municipality;”
(2) in the first paragraph of sub-section (2) for the fullstop occurring at the end a comma shall be substituted and thereafter the following shall be added:-
“nor shall the taxes under clause (x-a) and (xii) of sub-section (1) be levied at the same time :
U.P. Act VIII of 1919.
Provided further that no tax under clause (xii-B) of sub-section (1) shall be levied on deeds of transfer of immovable property situated within such area of the municipality as forms part of the local area of any Improvement Trust created under section 3 of the U. P. Town Improvement Act, 1919.’.
Insertion of new section 128-A in U. P. Act II of 1916.
56. After section 128 of the Principal Act, the following shall be added as a new section—
Tax on deeds of transfer of immovable property.
“128-A. (1) Where a board has imposed a tax referred to in clause (xiii-B) of sub-section (1) of section 128, the duty imposed by the Indian Stamp Act, 1899 on any deed of transfer of immovable property, shall, in the case of immovable property situated within the limits of such municipality, be increased by two per cent on the value of the property transferred or in the case of usufructuary mortgage on the amount secured by the instrument:
Provided that the board may by a special resolution with the approval of the State Government raise the aforementioned percentage of the increase in stamp duty up to five.
Act II of 1899
(2) All collections resulting from the said increase shall, after the deduction of incidental expenses, if any, be paid to the board concerned by the State Government in such manner as may be prescribed.
(3) For the purposes of this sub-section, section 27 of the Indian Stamp Act, 1899 shall be so read and construed as if it specifically requires the particulars referred to therein to be separately set forth in respect of—
(a) property situate with the limits of a municipality, and
(b) property situate outside the limits of a municipality.
Act II of 1899
(4) for the purposes of this section all references in section 64 of the Indian Stamp Act, 1899 to the Government shall be deemed to include the board as well.”
Substitution of a new section for section 129 of U. P. Act of 1916.
57. For section 129 of the Principal Act the following shall be subsituated:—
“129. The imposition of a tax under clause (x) of sub-section (1) of section 128 shall be subject to the restriction that the tax shall not be imposed on land exclusively used for agricultural purposes unless water is supplied by the board for such purposes, where the Unit of assessment is plot of land or a building as hereinafter defined, on any such plot or building of which no part is within a radius, to be fixed by Rule in this behalf for each municipality, from the nearest stand-pipe or other waterworks whereat water is made available to the public by the board.
Explanation—In this section—
(a) “building” shall include the compound, if any, thereof, and where there are several buildings in a common Compound, all such buildings and the common compound
(b) “a plot of land” means any piece of land held by a single occupier, or held in common by several co-occupiers, whereof no one portion is entirely separated from any other portion by the land of another occupier or of other co-occupiers or by public property.”
Substitution of a new section for section 130 of U. P. Act II of 1916.
58. For section 130 of the Principal Act, the following shall be substituted:
“130. The imposition of a tax under clause (xi) or (xii) of sub-section (1) of section 128 shall be subject to the restriction that the tax shall not be assessed on any house or building, or leviable from the occupier of any house or building unless the board under clause (a) of section 196 undertakes the house scavenging or the collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cess pools of such house or building.”
Amendment of section 130-A of U.P. Act II of 1916.
59. In sub-section (3) of section 130-A of the Principal Act the “full-stop” at the end shall be deleted and thereafter the following shall be added:—
“under sub-section (2) of section 134.”
Insertion of new section 130-B of U. P. Act II of 1916.
60. After section 130-A of the Principal Act, the following shall be added as a new section 130-B:—
Pooling of receipts of taxes for certain purposes.
“130-B. All moneys derived from water, drainage, scavenging and conservancy taxes mentioned in clauses (x), (x-a), (xi) and (xii) for of sub-section (1) of section 128 and all, other incomes derived from waterworks and sullage farms and disposal of excrementitious and polluted matters collected from privies, urinals and cesspools shall be pooled together and shall be used for purposes connected with the construction, maintenance, extension or improvement of the waterworks and drainage works and arrangements for scavenging and collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cesspools including maintenance of sullage farms.”
Amendment of section 132 of U.P. Act II of 1916.
61. In sub-section (2) of section 132 of the Principal Act, the following proviso shall be added:—
“Provided that no such publication shall be necessary where the modification is confined to reduction in the amount or rate of the tax originally proposed.”
Insertion of a new section 145-A in U. P. Act II of 1916.
62. After section 145 of the Principal Act, the following shall be added as a new section 145-A:-
Adoption of value of property determined under UP Act XII of 1962.
“145-A. Notwithstanding anything contained elsewhere in this Act the board may be special resolution decide that the taxable value of buildings and lands determined under clause (ii) of section 4 of the Uttar Pradesh (Nagar Kshettra) Bhumi Aur Bhawan Kar Adhiniyam, 1962, shall be the annual value for the purposes of this Act.”
Amendment of section 152 of U. P. Act II of 1916.
63. In sub-section (1) of section 152 of the Principal Act, for the words “has been given” the words “has been applied for, or given” shall be substituted.
Amendment of section 155 of U.P. Act II of 1916.
64. In section 155 of the Principal Act—
(1) between the words “person” and “introducing” the words, “whether by himself or by any person on his behalf.” shall be inserted;
(2) for the words “ten times” the words “twenty times” shall be substituted and for the word “fifty” the words “five hundred” shall be substituted.
Insertion of new section 155-A in U. P. Act II of 1916.
65. After section 155 of the Principal Act, a new section 155-A shall be added as under:—
Power of search, entry and inspection in connection with evasion of octroi.
“155-A Subject to any conditions and restrictions that may be prescribed in this behalf, the Executive Officer or an officer not below such rank as may be prescribed, may—
(i) enter into and search any building, vessel or place where he has reason to believe that any goods liable to payment of octroi, for which octroi has not been paid, has been kept or any books of account or other documents which in his opinion will be relevant to any proceeding in this regard may be found;
(ii) if the owner or occupier is absent, or being present obstructs or resists, break open or cause to be opened any door and remove or cause to be removed any other obstacle to such entry; and
(iii) inspect, examine or seize any such goods or books of account or other documents.”
Amendment of section 158 of U. P. Act II of 1916.
66. In section 158 of the Principal Act—
(1) in sub-section (1) for the opening paragraph beginning with “The board may” and ending with “to ascertain” the following shall be substituted :—
“(1) The board or any assessing authority under this Act may by written communication call upon an inhabitant of the municipality to furnish such information or produce such records, books of account and documents as may be necessary in order to ascertain.”
(2) for sub-section (2) the following shall be substituted:—
“(2) If an inhabitant so called upon to furnish information or to produce records, books of account or documents, omits to furnish or produce the same or, if furnished or produced, the same appear to the board or the assessing authority to be incorrect or incomplete, the board or the assessing authority, as the case may be, shall after making such inquiry as it considers necessary make the assessment to the best of its judgment.”
Addition of new section 159-A in U. P. Act II of 1916.
67. After section 159 of the Principal Act, the following shall be added as a new section 159-A:—
Rounding off figures.
“159-A. In computing the amount of any Tax under this Act a fraction of a rupee less than of five Paise or which is not a multiple of five Paise shall be rounded off to five Paise or to the next higher multiple of five Paise as the case may be.”
Amendment of section 164 of U. P. Act II of 1916.
68. In sub-section (2) of section 164 of the Principal Act for the words “upon application or his own motion, to review any order passed by him in appeal by a further order passed within three months from the date of his original order.” the words “upon application made within three months from the date of its original order or on its own motion, to review an order passed by it in appeal by a further order; provided further that no order shall be reviewed by the appellate authority on its own motion beyond three months from its date,” shall be substituted
Insertion of new section 173-A in U.P. Act II of 1916.
69. After section 173 of the Principal Act, the following shall be added as a new section 173-A:—
Recovery of taxes as arrears of land revenue.
“173-A. (1) Where any sum is due on account of a tax other than octroi or toll or any similar tax payable upon immediate demand, from a person to a board, the board may, without prejudice to any other mode or recovery, appeal to the Collector to recover such sum together with costs of the proceed, as if it were an arrear of land revenue.
(2) The Collector on being satisfied that the sum is due shall proceeding to recover it as an arrear of land revenue.”
Amendment - of section 180 of U.P. Act II of 1916.
70. In section 180 of the Principal Act, after sub-section (5) the following shall be added as a new sub-section (6):—
“(6) The board may within six months cancel or modify a sanction granted by it under sub-section (1) if it is found that the sanction was secured through fraud or mis-representation and any work done thereunder shall be deemed to have been done without such sanction:
Provided that before cancelling or modifying any sanction the board shall give a reasonable opportunity to the part concerned of being heard.”
Amendment of section 181 of U. P. Act II of 1916.
71. In sub-section (1) of section 181 of the Principal Act between the word “bye-law” and the full-stop occurring thereafter, the following shall be inserted:—
“unless it is extended by the board for a further period up to one year.”
Amendment of section 185 of U. P. Act II of 1916.
72. In section 185 of the Principal Act, the words “five hundred rupees shall be substituted by the words:—
“one thousand rupees but which in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court shall not be less than two hundred and fifty rupees.”
Amendment of section 196 of U.P. Act II of 1916.
73. (1) In section 196 of the Principal Act:—
(1) In clause (a) for the words “cleansing of any latrines or privies” the words “collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cess-pools” shall be substituted; and
(2) in clause (c) for the words “removal of night-soil from any latrine or cess-pool” the words “collection, removal and disposal of excrementitious and polluted matter from privies, urinals and cess-pools” shall be substituted.
Amendment of section 201 of U. P. Act II of 1916.
74. In sub-section (2) of section 201 of the Principal Act, for the full-stop occurring at the end a colon shall be substituted and thereafter the following shall be added as a proviso thereto:—
“Provided that the Magistrate may at any stage during the pendency of the case under this sub-section authorise the board to undertake the house-scavenging of such house or buildings till final orders in the case are passed by him.”
Amendment of section 210 of U.P. Act II of 1916.
75. In section 210 of the Principal Act, for the words “two hundred and fifty rupees” the following shall be substituted:—
“one thousand rupees and in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court shall not be less than two hundred and fifty rupees.”
Amendment of section 212 of U. P. Act II of 1916.
76. In section 212 of the Principal Act:—
(1) in sub-section (1) between the word “premises” and the comma occurring thereafter, the words “or lands” shall be inserted;
(2) in sub-section (2), between the word “premises” and the word “and” occurring thereafter, the words “or lands” shall be inserted.
Amendment of section 212-A of U.P. Act II of 1916.
77. For section 212-A of the Principal Act, the following shall be substituted:—
“212-A. Notwithstanding anything contained elsewhere in this Act, a board may subject to such conditions and limitations as may be prescribed, control and regulate under this Chapter the construction of any building, street or drain, beyond the limits of the municipality up to a distance of five miles.”
Amendment of section 213 of U.P. Act II of 1916.
78. In sub-section (3) of section 213 of the Principal Act, the words “fifty” and “five” shall be substituted by the words “five hundred” and “ten” respectively.
Amendment of section 217 of U.P. Act II of 1916.
79. In section 217 of the Principal Act:—
(1) in clause (a) of sub-section (1) before the word, “cause” the words “with the prior approval of the Prescribed’ Authority” shall be inserted;
(2) in sub-section (2) the word “twenty-five” shall be substituted by the words “two hundred and fifty”.
Amendment of section 255 of U.P. Act II of 1916.
80. In sub-section (1) of section 255 of the Principal Act the word “twenty” shall be substituted by the words “two hundred and fifty”.
Amendment of section 256 of U.P. Act II of 1916.
81. In section 256 of the Principal Act, the word “twenty” shall be substituted by the words “one hundred” and the word “five” shall be substituted by the word “ten”.
Amendment of section 261 of U.P. Act II of 1916.
82. In sub-section (1) of section 261 of the Principal Act the word “hundred” shall be substituted by the word “thousand”.
Amendment of section 265 of U.P. Act II of 1916.
83. In the concluding portion of sub-section (1) of section 265 of the Principal Act, the words “fifty rupees” shall be substituted by the following:—
“five hundred rupees and in the case of a continuing breach to a further fine which may extend to ten rupees for every day after the day of first conviction during which the offender is proved to have persisted in the commission of the offence.”
Amendment of section 266 of U.P. Act II of 1916.
84. In section 266 of the Principal Act the word “fifty” shall be substituted by the words “five hundred”.
Amendment of section 274 of U.P. Act II of 1916.
85. In section 274 of the Principal Act, for the word “twenty” the words “two hundred and fifty” shall be substituted.
Amendment of section 276 of U.P. Act II of 1916.
86. In section 276 of the Principal Act, for the word “twenty” the words “two hundred and fifty” shall be substituted.
Amendment of section 281 of U.P. Act II of 1916.
87. In the concluding part of section 281 of the Principal Act, for the word “twenty” the word “fifty” shall be substituted.
Amendment of section 285 of U.P. Act II of 1916.
88. In sub-section (5) of section 285 of the Principal Act, for the word “fifty” the words “five hundred” shall be substituted.
Amendment of section 295 of U.P. Act II of 1916.
89. In section 295 of the Principal Act, for the words ‘fifty rupees” the following shall be substituted:—
“one thousand rupees or to imprisonment for a period which may extend to six months or to both.”
Amendment of section 297 of U.P. Act II of 1916.
90. In sub-clause (v) of clause (g) of sub-section (1) of section 297 of the principal Act, the words and the comma “where there is no executive officer,” shall be deleted.
Amendment of section 298 of U.P. Act II of 1916.
91. In section 298 of the Principal Act, in List I—
(1) under head “D” the word “and” occurring at the end of sub-head (a) shall be deleted and thereafter the following shall be added as a new sub-head (aa)—
“(aa) regulating the work of house scavenging by customary sweeepers and providing for grant of licences to them and the conditions of any such licence; and”
(a) in sub-head (i) for the word “dogs” the word “animals” shall be substituted;
(b) in sub-heads (k) and (l), for the words “dog” and “a dog” the words “animal” and “an animal” shall respectively be substituted; and
(c) the full-stop occurring at the end of sub-head (n) shall be substituted by a semi-colon, and thereafter the following shall be added as new sub-head (o):—
“(o) regulating the keeping and tethering of cattle;”.
Amendment of section 299 of U. P. Act II of 1916.
92. In sub-section (1) of section 299 of the Principal Act, for the words “five hundred” the words “one thousand” and for the words “five rupees” the words “twenty-five rupees” shall be substituted.
Amendment of section 306 of U.P. Act II of 1916.
93. In section 306 of the Principal Act, for the words “five hundred” the words “one thousand” and for the words “five rupees” the words “twenty-five rupees” shall be substituted.
Amendment of section 307 of U.P. Act II of 1916.
94. In clause (b) of section 307 of the Principal Act for the words “five hundred” the words “one thousand” and for the words “five rupees” the words “twenty-five rupees” shall be substituted.
Amendment of section 315 of U.P. Act II of 1916.
95. For sub-section (1) of section 315 of the Principal Act, the following shall be substituted:—
“315. (1) The Executive Officer or Medical Officer of Health of a board or, in municipalities in which there is no Executive Officer or Medical Officer of Health, the President of a board may either before or after the institution of proceedings, compound an offence against this Act or a Rule or bye-law, except an offence described in sections 237(4), 242, 246, 247, 281, 285(5) or 295:
Provided that no offence shall be compoundable which is constituted by failure to comply with a written notice issued by or on behalf of the board unless the notice has been complied with, in so far as compliance is possible.”
Deletion of section 336-A of U.P. Act II of 1916.
96. Section 336-A of the Principal Act shall be deleted.
Amendment of Schedule I to U.P. Act II of 1916.
97. In Schedule I to the Principal Act—
(1) in column 2 in the entries relating to sections 58, 67 and 69 in column 2, for the words “punish or dismiss” the words “to dismiss, remove or otherwise punish” shall be substituted;
(2) in column 1, the figures “186” and in columns 2 and 3 the entires relating thereto shall be deleted; and
(3) in column 1, the figures, “189”, “190” and “211” the figures and brackets “245 (1)” and the figures “278” and in column 2, the entires respectively relating thereto shall be deleted.
Amendment of Schedule II to U.P. Act II of 1916.
98. In Schedule II to the Principal Act—
(1) in the entry relating to section 76 in column 2 for the words “to punish or dismiss”, the words “to dismiss, remove or otherwise punish” shall be substituted;
(2) after the entry relating to section 179(2), the following new entries shall be added:—
Appealable
“186 To direct by a notice that the erection, re-erection or alteration of a building, etc. shall be stopped or that a building, etc. be altered or demolished.
189 To construct drains.
190 To alter and discontinue municipal drains.” ;
(3) after the entry relating to section 209 the following shall be added as a new entry:—
Appealable
“211 To issue a notice for the removal or alternation of a projection.”
(4) after the entry relating to section 244(1), the following shall be added as a new entry:—
Appealable
“245 (1) To issue a notice regarding offensive trades.”; and
(5) after the entry relating to section 277, the following shall be added as a new entry:—
Appealable
“278 To issue orders regarding buildings un-fit for human habitation.”
Amendment of Schedule VII to U. P. Act II of 1916.
99. In Schedule VII to the Principal Act—
(1) between the entries relating to section 10 and section 13-D the following new entry shall be inserted:—
“13-A. (1) To appoint a person or persons to exercise and perform the powers and duties of a board in specified contingencies.”;
(2) the entires relating to sections 22, 43(2), 43(3), 43-B, 73 and 74 in columns 1 and 2 shall be deleted;
(3) against the entry relating to section 47-A, in column 2, for the words “to remove the President” the words “to consider the representation of the President”, shall be substituted;
(4) for the existing entry in column 2 against section 40(3) the following shall be substituted:—
“To remove a member in certain specified circumstances.”;
(5) after the entry relating to section 40(3) the following new entries shall be added:-
“40. (5) To suspend a member pending enquiry or prosecution.
40. (6) To warn or to suspend a member as a punishment.”;
(6) for the existing entry in column 2 against section 48 the following shall be substituted:-
“To remove or suspend a President.”;
(7) after the entry relating to section 48, the following new entry shall be added:—
“55. (3) To remove or suspend a Vice-President.”
(8) in the entries relating to sections 57 and 59(3) in column 2, for the words—
“To approve the appointment, salary and conditions of appointment”;
the following words shall be substituted—
“To approve the appointment”;
(9) for the existing entry in column 2 against section 58, the following shall be substituted:—
“To entertain and pass orders on an appeal by an Executive Officer against his dismissal, removal or other punishment, to transfer a Medical Officer of Health from one board to another”; and
(10) in the entry relating to section 60-B, in column 2 between the words “Waterworks Departments” and the word “shall” the words “and Municipal Museum” shall be inserted.
Substitution of a new Schedule for Schedule VIII to Act II of 1916.
100. Schedule VIII to the Principal Act shall be substituted by the following Schedule:—
“SCHEDULE VIII
LIST OF OFFENCES (Section 314)
|
Section
|
Description of offences
|
Fine or other: punishment that may be imposed
|
|
|
148(2)
|
Failure to report for entry in property assessment list a new or altered building.
|
Rupees 50 or ten times tax payable for three months.
|
|
|
152(2)
|
Failure to report re-occupation of vacant building.
|
Rupees 50 or ten times tax due since occupation.
|
|
|
155
|
Evasion of octroi
|
Rupees 500 or twenty times octroi evaded, whichever is greater.
|
|
|
185
|
Illegal erection or alteration of a building.
|
Rupees 1,000 subject to a minimum of Rs. 250.
|
|
|
191(2)
|
Illegal construction or alteration of a drain connection.
|
Rupees 50.
|
|
|
201(2)
|
Negligence by customary sweeper
|
Rupees 10.
|
|
|
207
|
Illegal making of street
|
Rupees 500.
|
|
|
210
|
Construction of unauthorised projection over street or drain.
|
Rupees 1,000 subject to a minimum of Rupees 250.
|
|
|
213(3)
|
Failure to obtain permission for, and to safeguard dangerious tree-cutting and building operation.
|
Rupees 500 and Rupees 10 for each day that offence is repeated after conviction.
|
|
|
217(2)
|
Improper interference with street names and house numbers.
|
Rupees 250.
|
|
|
233(2)
|
Interference with arrangements made during street repair, etc.
|
Rupees 50.
|
|
|
237(4)
|
Slaughter on unlicenced premises of animals for sale.
|
Rupees 20 per animal.
|
|
|
242
|
Improper feeding of animals kept for dairy purposes or used for food.
|
Rupees 50.
|
|
|
245
|
Failure to obey a notice prohibiting or regulating the use of premises for an offensive trade.
|
Rupees 200 and Rs.40 for each day that offence is repeated after conviction.
|
|
|
246
|
Loitering and soliciting for immoral purposes.
|
Rupees 50.
|
|
|
247(2)
|
Disobethence to magistrate’s order prohibiting use of house as brothel.
|
Rupees 25 per day.
|
|
|
248
|
Importunate begging
|
Rupees, 50
|
|
|
252
|
Neglect of the Rules of the road
|
Rupees 10.
|
|
|
253
|
Driving vehicles without proper lights
|
Rupees 20.
|
|
|
254
|
Failure to remove elephant, etc. to safe distance.
|
Rupees 20,
|
|
|
255(1)
|
Allowing cattle to stray or be tethered
|
Rupees 250,
|
|
|
256
|
Unauthorised use of municipal land as halting place.
|
Rupees 100 and Rs. 10 for each day that offence is repeated after conviction.
|
|
|
257(3)
|
Unauthorised erection or continuance of inflammable construction.
|
Rupees 25 and Rs. 10 for each day that offence is repeated after conviction.
|
|
|
261(1)
|
Unauthorised interference with povements and other municipal property.
|
Rupees 1,000.
|
|
|
262
|
Dangerous discharge of firearms or fire-works and indulgence in dangerous games.
|
Rupees 20.
|
|
|
265
|
Obstruction of streets
|
Rupees 500 and Rs.10 for each day that offence is repeated after conviction.
|
|
|
266
|
Unauthorised digging on public land
|
Rupees 500 and Rs.10 for each day that offence is repeated after conviction.
|
|
|
272
|
Failure of owner or occupier to remove offensive matter.
|
Rupees 50 and Rs.5 for each day that offence is repeated after conviction.
|
|
|
274
|
Improper disposal by owner or occupier of rubbish, night-soil etc.
|
Rupees 250,
|
|
|
275(2)
|
Failure to dispose of dead animals
|
Rupees 10.
|
|
|
276
|
Improper discharge of sewage into a street or drain.
|
Rupees 250,
|
|
|
279
|
Failure to give information of cholera, small-pox, etc.
|
Rupees 50,
|
|
|
281
|
Doing certain acts while suffering from infectious disorder.
|
Rupees 50,
|
|
|
285(5)
|
Burial or burning of corpses in a place not recognised as a burial or burning ground.
|
Rupees 500.
|
|
|
295
|
Obstruction to municipal employees..
|
Rupees 1,000 or imprisonment to six months or both.
|
|
|
m
|
Contravention of rules or bye-laws to the breach of which penalty is attached.
|
Any sum not exceeding Rs. 1,000 as prescribed, and up to Rs.25 for each day that offence is repeated after conviction.
|
|
|
306
|
Disobethence to public notice or provision of the Act applicable to the public.
|
Rupees, 1,000 and Rs.25 for each day that offence is repeated after conviction.
|
|
|
307
|
Disobethence to notice issued to individual.
|
Rupees 1,000 and Rs.25 for each day that offence is repeated after conviction.
|
|
|
310(3)
|
Regusla by occupier to allow owner to take action required by notice.
|
Rupees 25 for each day of refusal.”
|
|
Savings.
101. Notwithstanding the amendment of the Principal Act by this Act, any appeal against an order of suspension, dismissal, removal or other punishment filed before the coming into force of this Act under the provisions of the Principal Act and Rules made thereunder and not finally disposed of before the coming into force of this Act, may either be disposed of by the authority to which the appeal lay under the provisions of the Principal Act and the rules made thereunder or may be transferred by that authority for disposal to the authority to which such appeal lies under the provisions of the Principal Act as amended by this Act or rules made thereunder.
Power to remove difficulties.
102. (1) The State Government may for the purpose of removing any difficulty, particularly in relation to the transition from the provisions of the Principal Act to the provisions of that Act as amended by this Act, by order direct that the Principal Act amended as aforesaid shall, during the period of twelve months next after the commencement of this Act have effect subject to such adaptations whether by way of modification, addition or omission as it may deem to the necessary and expedient.
(2) Every order made under sub-section (1) shall be laid as soon as may be before both the Houses of the Legislature.
