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THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 2001
THE UTTAR PRADESH MUNICIPALITIES (AMENDMENT) ACT, 2001
(U.P. Act No. 22 of 2001)
[As passed by the Uttar Pradesh Legislature]
An Act further to amend the Uttar Pradesh Municipalities Act, 1916.
It is hereby enacted in the Fifty-second Year of the Republic of India as follows:—
Short title.
1. This Act may be called the Uttar Pradesh Municipalities (Amendment) Act, 2001.
Omission of section 47-A of U.P. Act no. 2 of 1916
2. Section 47-A of the Uttar Pradesh Municipalities Act, 1916, hereinafter referred to as the principal Act, shall be omitted.
Amendment of section 48
3. In section 48 of the principal Act,—
(a) in sub-section (2), in clause (b) after sub-clause (viii), the following sub-clause shall be inserted, namely :—
(ix) caused loss or damage to any property of the Municipality; or
(x) misappropriated or misused the Municipal fund ; or
(xi) acted against the interest of the Municipality ; or
(xii) contravened the provisions of this Act or the rules made thereunder; or
(xiii) created an obstacle in a meeting of the Municipality in such manner that it becomes impossible for the Municipality to conduct its business in the meeting or instigated some one to do so ; or
(xiv) wilfully contravened any order or direction of the State Government given under this Act; or
(xv) misbehaved without any lawful justification with the officers or employees of the Municipality ; or
(xvi) disposed of any property belonging to the Municipality at a price less than its market value ; or
(xvii) encroached, or assisted or instigated any other person to encroach upon the land, building or any other immovable property of the Municipality ;
(b) in sub-section (2-A) of the proviso shall be omitted.
Omission of section 87-A
4. Section 87-A of the principal Act shall be omitted.
Amendment of section 96
5. In section 96 of the principal Act, in sub-section (1), in clause (b),—
(a) for the words “ten thousand rupees” the words “fifty thousand rupees shall be substituted;
(b) for the words “three thousand rupees” the words “fifteen thousand rupees” shall be substituted ;
(c) in the proviso for the words “twenty thousand rupees” the words “one lakh rupees” shall be substituted.
STATEMENT OF OBJECTS AND REASONS
Under the Uttar Pradesh Municipalities Act, 1916, the President of a Municipal Council or a Nagar Panchayat is elected on the basis of adult suffrage by the electors in the municipal area. Under section 87-A of the said Act, the President of Municipal Council or a Nagar Panchayat may be removed on a motion of no confidence passed by a majority of two-thirds of the total number of members of the municipality. It was considered improper to remove the President elected by electors in the municipal area, merely on the motion of no confidence of the members of the municipality. Under sub-section (2) of section 48 of the said Act, the State Government has power to remove the President on any of the grounds specified in clause (a) and clause (b). It has been considered necessary to provide for certain more grounds for removal of the President and also to increase financial power of the President with regard to sanctioning of contracts. It has, therefore, been decided to,—
(a) omit sections 47-A and 87-A of the said Act;
(b) insert sub-clause (ix) to (xvii) in clause (b) of sub section (2) of section 48 of the said Act;
(c) omit the proviso to sub-section (2-A) of section 48 of the said Act; and
(d) to amend clause (b) of sub-section (1) of section 96 of the said Act to raise the financial power of the President for sanctioning of contracts.
The Uttar Pradesh Municipalities (Amendment) Bill, 2001 is introduced accordingly.
Dated Lucknow, February 27, 2004
In pursuance of the provisions of clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of the Uttar Pradesh Nagar Palika (Sanshodhan) Adhiniyam, 2004 (Uttar Pradesh Adhiniyam Sankhya 6 of 2004) as passed by the Uttar Pradesh Legislature and assented to by the Governor on February 26, 2004.
