Jharkhand Municipal Act, 2011
No: 7 Dated: Feb, 09 2012
The Jharkhand Municipal Act, 2011
Jharkhand Act 7 of 2011
An Act to consolidate and amend the laws relating to the Municipal Governments in the State of Jharkhand in conformity with the provisions of the Constitution of India as amended by the Constitution (Seventy fourth Amendment) Act, 1992, based on the principles of participation in, and decentralization, autonomy and accountability of, urban self-government at various levels, to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of municipalities, to ensure professionalisation of the municipal personnel, and to provide for matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Jharkhand in the Sixty-one year of the Republic of India as follows:-
PART - I
PRELIMINARY
Chapter – 1
1. Short title, extent and commencement- (1) This Act may be called the Jharkhand Municipal Act, 2011.
(2) It shall extend to the whole of the State of Jharkhand excluding cantonment areas therein.
(3) The provisions of the Act shall come into force on such date as the State Government may, by notification, appoint in this behalf.
2. Definitions - In this Act, unless the context otherwise requires -
(1) “Ad hoc Committee” means an Ad hoc committee appointed under section 47 of this Act;
(2) “Administrator” means any officer appointed by the State Government to exercise the powers and perform the functions and discharge duties conferred or imposed on the municipalities, the Standing Committee and the Municipal Commissioner or the Executive Officer, by or under this Act;
(3) “Advertisement" means any word, letter, model, sign, placard, board, notice, device, or representation whether illuminated or not, in the nature of and employed, wholly or in part, for the purpose of advertisement, announcement or direction and includes any hoarding or similar structure used or adapted to be used for the display of advertisement;
(4) "Advertiser" means a person who has been permitted, or has applied, under the rules, to display advertisement by writing or exhibiting by hanging or pasting or putting up a board or hoarding and, also includes an agent, representative or servant of such person;
(5) “Annual Rental Value” of a holding means the gross annual rental at which a holding may reasonably be expected to be let out.
(6) "Archaeological site" means an area in which archaeological relics are situated;
(7) "Architect" means an architect duly registered with Indian Council of Architects;
(8) “Area Sabha” means an Area Sabha constituted under section 39 of this Act;
(9) "Assessment list" means any municipal assessment register referred to under this Act, and includes any register subsidiary thereto;
(10) "Auditor" means an Auditor appointed under section 117 of this Act , and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;
(11) "Backward Classes" means any socially and educationally Backward Classes of citizens recognized by the Government for purposes of clause (4) of Article 15 of the Constitution of India;
(12) "Balance sheet" means the balance sheet prepared under section 115 of this Act,
(13) “Bio-medical waste" means any waste generated during diagnosis, treatment, immunization or any health services of human beings or animals or in research activities pertaining thereto or in the production or testing of biologicals;
(14) "Bridge” includes culvert;
(15) "Budget estimate" means the budget estimate prepared under section 108 of this Act;
(16) "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 made thereunder;
(17) "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;
(18) "Building line” means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street, existing or proposed and sanctioned;
(19) “Regulation” means a regulation made under the provisions of this Act;
(20) “Candidate” means a person who has been duly nominated or claimed to have been duly nominated as a candidate of any election;
(21) "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 an in-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;
(22) "Cart" means any cart, hackney or wheeled vehicle with or without springs, which is not a carriage, and includes a hand-cart, a cycle van and a push van, but does not include any wheeled vehicle which is propelled by mechanical power or its trailer;
(23) "Casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office, and 'casual election' means an election held to fill a casual vacancy;
(24) “Cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from building;
(25) "Charitable purpose" includes the maintenance of an educational institution and the hostels attached thereto, which, though wholly or partly self-supporting, is maintained without the purpose of profit;
(26) “Chairperson” and “ Vice-Chairperson” mean -
(a) in relation to a Municipal Corporation, the Mayor and the Deputy Mayor respectively; and
(b) in relation to a Municipal Council, and a Nagar Panchayat, the Chairperson and the Vice-Chairperson respectively;
(27) "Commercial building” means any building, which is used or occupied for carrying on any trade or commerce or industry or any work connected therewith or incidental or ancillary thereto;
(28) "Commercial Holding" means any holding or part of a holding which is used for display storage or sale of goods, either wholesale or retail, or a holding which is used for providing any service in lieu of payment. This also includes private educational institution, coaching centres etc. to whom Government does not provide any assistance whatsoever.
(29) "Company” means
(a) a company as defined in section 3 of the Companies Act, 1956 and includes a foreign company within the meaning of section 591 of that Act;
(b) a co-operative society registered or deemed to be registered under the relevant provisions of the Co-operative Societies Act;
(c) a body corporate; and
(d) a firm or association carrying on business in this State whether incorporated or not and whether its principal place of business is situated in the State or not;
(30) "Compound" means land, whether enclosed or not, which is the appurtenance of a building or the common appurtenance of several buildings;
(31) "Conservancy” means the removal and disposal of sewage, offensive matter and rubbish; etc;
(32) "Council” means the Council constituted for each municipality under section 15 of this Act;
(33) "Councillor”, in relation to a municipality means a person chosen by direct election from a Ward of that municipality;
(34) "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 storey, or where the building consists of one story only, the upper surface of its floor;
(35) "Dangerous disease” means -
(a) cholera, plague, small-pox, cerebrospinal meningitis, diphtheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis, or syphilis; or
(b) any other epidemic, endemic, or infectious disease which the Government may, by notification, declare to be a dangerous disease for the purposes of this Act;
(36) "Deputy Commissioner” means the Deputy Commissioner of the district in which the municipality is situated;
(37) "Development Plan / Master Plan" means the draft Development Plan/Master Plan and the final Development Plan/Master Plan prepared under this Act;
(38) "Director of Municipal Administration" means an officer appointed as such by the Government, and includes an Additional Director, a Joint Director, a Deputy Director, or any other officer of the Government authorized by it to perform the functions of the Director of Municipal Administration under this Act;
(39) "District Planning Committee” means the committee constituted in pursuance of Article 243-ZD of the Constitution and referred to in section 383 of this Act to consolidate the plans prepared by the Panchayats and the municipalities in the district;
(40) "Divisional Commissioner” means the Divisional Commissioner of the division in which the municipality is situated;
(41) "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, rainwater or sub-soil water;
(42) "Dwelling-house" means a masonry building constructed, used, or adapted to be used, wholly or principally for human habitation;
(43) "Election” means an election to fill any vacancy in the office of Mayor, Deputy Mayor, Chairperson and Vice-Chairperson and the Councillor of any municipality;
(44) "Elector”, in relation to a ward, means a person whose name is for the time being entered in the electoral roll of that ward;
(45) "Essential service” means the service in connection with the pumping stations, drainage, conservancy or water supply of the municipality and any such other service as may be notified by the Government;
(46) "Executive Officer” means a person appointed by the Government in relation to a Municipal Council, or the Nagar Panchayat, the Executive Officer of the Municipal Council or the Nagar Panchayat;
(47) "Factory” means a factory as defined in the Factories Act, 1948;
(48) "Filth” means
(a) night soil or other contents of latrines, cesspools and drains;
(b) dirt, dung, refuse, useless or offensive materials thrown out in consequence of any process of manufacture, industry or trade; and
(c) putrid or putrifying substance;
(49) "Finance Commission” means the State Finance Commission constituted under Article 243-I of the Constitution of India and referred to in section 97 of this Act;
(50) "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;