Arunachal Pradesh Municipal Act, 2007
No: 4 Dated: Mar, 19 2008
THE ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7
(ACT No.4 OF 2008)
An Act to introduce and consolidate the laws relating to the municipal Government in the State of Arunachal Pradesh in conformity with the provisions of the constitution of India (Seventy-fourth Amendment) Act, 1992,based on the principles of Government at various levels and to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of Municipalities, to professionalization of the municipal personnel and to provide for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Arunachal Pradesh in the Fifty- eighth Year of the Republic of India as follows ;-
PRELIMINARY
CHAPTER – I
1. Short title, extent and commencement:-(1) This Act may be called the Arunachal Pradesh Municipal Act, 2007.
(2) It shall extend to the whole of the State of Arunachal Pradesh or part thereof as may be notified by the State Government from time to time excluding defence areas therein.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf and different dates may be appointed for different municipal areas.
2. Definitions:- In this Act, unless the context otherwise requires,-
1) "Adhoc Committee" means an Adhoc Committee appointed under section 33;
2) "Auditor" means an Auditor appointed under section 93, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;
3) "Balance sheet'' means the balance sheet prepared under section 91;
4) "Bio-medical waste" means waste generated during diagnosis, treatment or immunization of human beings or animals or in research activities pertaining thereto or in the production or testing of biological;
5) "Bridge" includes a culvert;
6) "Budget Estimate’’ means the budget estimate prepared under section 84;
7) "Budget Grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Municipality' and includes any sum by which such budget grant is increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the rules and the regulations there under ;
8) "Building" means a structure constructed for whatever purpose and of whatever materials, and includes the foundation' plinth, walls, floors, roofs, chimneys, fixed platforms, verandas balconies, cornices or projections or part of a building or anything affixed thereto or any wall (other than a boundary wall of less than three meters in height) enclosing or intended to enclose, any land, sign or outdoor display structure but does not include a tent, shamiana or tarpaulin shelter ;
9) "Cadres" of common municipal services" means the cadres of common municipal services constituted under sub-section (1) of section 43;
10) "Carriage" means any wheeled vehicle, with springs or other appliances acting as springs, which is ordinarily used for the conveyance of human beings, and includes a auto-rickshaw, cycle-rickshaw, bicycle or tricycle, but does not include a perambulator or other form of vehicle designed for the conveyance of children or elderly, infirm or handicapped persons ;
11) "Cart" means any hackney or wheeled vehicle with or without springs, which is not a carriage, and includes a handcart, a cycle van and a push van but does not include any wheeled vehicle which is propelled by mechanical power or its trailer ;
12) "Category 'A' post" means a category 'A' post classified as such under section 37 ;
13) "Category 'B' post" means a category 'B' post classified as such under section 37;
14) "category 'C' post" means a category 'C' post classified as such under section 37;
15) "category 'D' post" means a category 'D' post classified as such under section 37;
16) "Chief Councillor” means,-
i. in relation to a Municipal Corporation, the Mayor,
ii. in relation to a Municipal Council, the Municipal Chairperson, and
iii. in relation to Nagar Panchayat, the Municipal president;
17) "Chief Municipal Executive Office/' means,-
i. In relation to a Municipal Council in Capital Region and " Municipal Executive Officer’’ means,-
ii. in relation to a Municipal Council or Nagar Panchayat, in districts.
18) "City " means a larger urban area declared to be a city under section 3 ;
19)"Class 'A smaller urban area" means a smaller urban area classified as such under section 7 :
20) "Class 'B' smaller urban area" means a smaller urban area classified as such under section 7 ;
21) "Class 'C' smaller urban area" means a smaller urban area classified as such under section 7 ;
22) "Councillor", in relation to a Municipality, means a person chosen by direct election from a ward of that Municipality;
23) "Cubical extent," with reference to the measurement of a building, means the space contained within the external surface of its walls and roof and the upper surface of the floor of its lowest or only storey ;
24) "Dangerous disease" means
a. Cholera ,plague, small-pox, cerebrospinal meningitis, diphtheria, Tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; or
b. any other epidemic, endemic, infectious disease which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act ;
25)"Deputy Chief Councillor" means,-
a. in relation to a Municipal Corporation, the Deputy Mayor,
b. in relation to a Municipal Council, the Municipal Vice- Chair Person, and
c. in relation to a Nagar Panchayat, the Municipal Vice President ;
26) "Director of Urban Local Bodies" means an officer appointed as such by the State Government' and includes an Additional Director a Joint Director, a Deputy Director, or any other officer of nodal department of the State Government authorized by it to perform the functions of the Director of Urban Local Bodies under this Act,
27) "Domestic purpose" in relation to the supply of water, means the purpose other than those referred to in sub-section ( 3) of section 172 ;
28) "Drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel or any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water or sub-soil water ;
29) "Drug" means any substance used as medicine or in the composition or preparation of medicine, whether for internal or external use, but does not include a drug within the meaning of clause ( b) of section 3 of the Drugs and Cosmetics Act, 1940;
30) "Dwelling- house" means a masonry building constructed, used, or adapted to be used, wholly or principally for human habitation ;
31) "Empowered Standing Committee" means the Empowered Standing Committee referred to in section21; 32) "Establishment Schedule" means the Establishment Schedule prepared under section 37 ;
33) "Financial statement" means the financial statement prepared under section 90 ;
34) " Food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into, or is used in the composition or preparation of, human food, and also includes confectionery flavouring and colouring matters, spices and condiments ;
35) " Footpath" means a pavement for use by pedestrians which abuts a category I or category II or category III or category IV road ;
36) " Habitable room" means a room constructed or adapted for human habitation;
37) "Hazardous process" means the hazardous process defined in Clause (cb) of section 2 of the Factories Act, 1948;
38) "Hazardous wastes" means the categories of wastes specified as such in the Environment (Protection) Act, 19866 ;
39) "House- drain" means any drain of one or more premises used for the drainage of such premises ;
40) "House-gully" means a passage or a strip of land constructed, set apart or utilized for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter for municipal employee ;
41) "Hut" means any building, no substantial part of which, excluding the walls up to a height of fifty centimetres above the floor or floor level, is constructed of masonry, reinforced concrete, steel, iron or other metal ;
42) "Industrial township" means such urban area or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that area and such other factors as he may deem fit, by notification, specify to be an industrial township ;
43) "Infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;
44) "Joint Committee" means a Joint Committee constituted under section 34;
45) "Larger urban area" means a municipal area classified as a larger urban area under section 7 ;
46) "Land or building" includes a slum ;
47) "Market" includes anyplace, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market'
48) "Masonry building" means any building, other than a hut, and includes any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other metal ;
49) "Milk" includes cream, separated milk, and condensed, sterilized, desiccated or toned milk ;
50) "Municipal Accounts Committee" means a Municipal Accounts Committee constituted under section 100 ; 51) "Municipal Accounting Manual" means the Municipal Accounting Manual prepared and maintained under section 89 ;
52) "Municipal area" means an area constituted as a municipal area under section 6 ;
53) "Municipal drain" means a drain vested in the Municipality;
54) "Municipal Fund" means the Municipal Fund referred to in section 75 ;
55) "Municipal Magistrate" means the Municipal Magistrate appointed under section 425 ;
56) "Municipal Market" means a market belonging to, or maintained by, the Municipality;
57) "Municipal Service Commission" means the Municipal Service Commission constituted under section 44 ;
58) "Municipal slaughterhouse" means a slaughterhouse belonging to, or maintained by, the Municipality;
59) "Municipality" means an institution of self government constituted under section 12, read with article 243 Q of the Constitution of India, and includes a Municipal Corporation, a Municipal Council, and Nagar Panchayat, referred to in section 13;
60) "Notification" means a notification published in the Official Gazette;
61) "Nuisance" includes any act, omission, place or thing which causes, or is likely to cause, injury, danger, annoyance or injurious to health or property ;
62) "Occupier" includes any person for the time being paying or liable to pay, to the owner rent or any portion of the rent of the land or the building in respect of which the word is used or for damages on account of the occupation of such land or building, and also includes a rent-free tenant : Provided that an owner living in, of otherwise using, his own land or building shall be deemed to be the occupier thereof ;
63) "Offensive matter" means kitchen or stable refuse, dung, dirt, putrid or putrefying substance, or fifth of any kind which is not included in sewage ,
64) "Other agency" means a company firm, society, or body corporate in the private sector, or any institution, or government agency, or any joint sector agency, or any agency under any other law for the time bring in force ;
65) "Owner" includes the person for the time being receiving the rent of any land or building or of any part of any land or building, whether on his own account or as an agent or charitable purpose or as a receiver who would receive such rent if the land or the building or of any part of the land or the building were let to a tenant ;
66) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published ;
67) "Premises" means any land or building or part of a building or any hut or part of a hut, and includes -
(a) the garden, ground and outhouses, if any, appertaining thereto, and
(b) any fittings or fixtures affixed to a building or part of a building or hut or part of a hut for the more beneficial enjoyment thereof;
68) "Prescribed" means prescribed by rules made under this Act;
69) "Presiding officer" means,-
(a) in the case of a Municipal Council, the Municipal Chairperson,
(b) in the case of a Nagar Panchayat, the Municipal President;
70) "Private drain" means any drain which is not a municipal drain;
71) "Private street" means any street, road, lane, gully, alley, passage or square which is not a public street, and includes any passage securing access to four or more premises belonging to the same or different owners, but does not include a passage provided in effecting a partition of any masonry building amongst joint owners where such passage is less than two meters and fifty centimetres wide ;
72) "Public building" means a masonry building constructed, used, or adapted to be used,-
(a) as a place of public worship or as a school, college or other place of instruction (not being a dwelling-house so used) or as a hospital, workhouse, public theatre, public cinema, public hall, public concertroom, public ballroom, public lecture-room, public library or public exhibition room or as a public place of assembly, or
(b) for any other public purpose, or
(c) as a hotel, lodging-house, refuge or shelter, where the building, in cubical extent, exceeds seven thousand cubic meters or has sleeping accommodation for more than one hundred person;
73) "Public street" means any street, road, lane, gully, alley, passage, pathway, square or court yard, whether a thoroughfare or not, over which the public have a right of way, and includes :-
(a) the access or approach to a public ferry,
(b) the roadway over any public bridge or causeway,
(c) the footpath attached to any such street, public bridge or causeway,
(d) the passage connecting two public streets, and
(e) the drains attached to any such street, public bridge or causeway, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, ail land up to the boundary wall, hedge or pillar of the premises, if any, abutting on the street, or, where a street alignment has been fixed, up to such alignment ;
74) "Regulations" means the regulations made by a Municipality under this Act ;
75) "Rules" means the Rules made by the State Government under this Act ;
76) "Sewage" means nigh-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;
77) "Smaller urban area" means a municipal area classified as a smaller urban area under section 7;
78) "State Municipal Service Commission" means the State Municipal Service Commission constituted under section 45 ;
79) "State Municipal Vigilance Authority" means the State Municipal Vigilance Authority appointed under section 46 ;
80) "Street" means a public street or a private street ;
81) "Street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land;
82) "Subject Committee" means a Subject Committee constituted under section 32 ;
83) "Ward Committee" means a ward Committee referred to in section 31;
84) "Wards Committee" means a wards Committee constituted under section 30 ;
85) "Water-course" includes a ricer, stream or channel, whether natural or artificial ;
86) "Year" means a financial year beginning on the first day of April.