Municipalities of UP Powers function & duties

Power of Municipalities UP municipalities Act 1916.
Function of Municipalities
Duties of Municipalities.

Powers of Municipalities, UP municipalities Act 1916

Power of Municipality to require reports, etc., from President section 52.
To appoint and employ Executive officer and medical officer of health sextion 57.
Power of Municipality to require reports etc. from executive officer or medical officer of health section 63.
To determine permanent staff section 71.
Power of Municipality to borrow money section 114A.
Power of Municipality to manage and control property entrusted to its management section 118.
To transfer property section 124.
Power of Municipality to impose tax section 128.
Power of Municipality to stop erection and to demolish building erected section 186.
To enforce drainage connection with public drains section 192.
Power of Municipality to alter unsanctional street and demolish the same section 208.
Power of Municipality to construct and alter water works section 224.

Power of Municipality to require reports, etc. from President s/52

(1) The Municipality may require the President to furnish furnish it with—

(a) Any return, statement, estimate, statistics or other information regarding any matter appertaining to the administration of the municipality.
(b) A report or explanation on any such matter.
(c) A copy of any record, correspondence or plan or other document which is in his possession or control as President or which is recorded or filed in his office or in the office of any municipal servant.

(2) The President shall comply with every requisition made under sub-section (1) without unreasonable delay.

(3) Nothing in this section or in other provision of this Act shall be deemed to prevent the board from making regulations.

Authorizing the asking of questions by members at its meetings, subject to such conditions and restrictions as may be prescribed in the regulations.

Power of Municipality to appoint and employ executive officer and medical officer of health

(1) Every Board shall, unless the State Government either on its own motion or on representation made by the Board, otherwise directs, appoint an Executive Officer by a special resolution.

Provided that in every case in which such board has at the time of the passing of the Act.

A secretary but no executive officer the secretary shall be deemed to be the executive officer until or unless he is duly replaced.

Employ a medical officer of health belongs to the Uttar Pradesh Public Health Service

(2) Every Municipality with an income of Rs. 50,000 per annum or over shall, unless the State Government otherwise directs. Employ a medical officer of health who belongs to the Uttar Pradesh Public Health Service.

State Accounts Service

And an accountant who belongs to the State Accounts Service, on such terms and conditions as may be prescribed by the State Government.

Provided that if the State Government expresses its inability to make available the services of a Medical Officer of Health belonging to the U. P. Public Health Service. The Municipality may appoint a temporary Medical Officer of Health by a special resolution.

(2-A) Every Municipality shall, if so required by the State Government, employ in addition to or in place of the Accountant.

An Accounts Officer nominated by the State Government either severally or jointly with one or more than one Municipality.

Or any other local authority on the terms and conditions as may be prescribed by the State Government from time to time.

Salaries and conditions of service

(3) Every appointment of an Executive Officer under sub-section (1) and of a Medical Officer of Health under the proviso to sub- section (2). Make by a Municipality shall be subject to the prior approval of the State Government. And their salaries and conditions of service shall be such as may be prescribed.

Powers of President or Municipality or committee to require reports, etc., from executive officer or medical officer of health

(1) The President or the Municipality, or any committee of the Municipality, may require from the executive officer or medical officer of health: —

(a) Any return, statement, estimate, statistics or other information regarding any matter appertaining to that branch of the administration of the Municipality with which he is concerned.
(b) A report or explanation on any such matter.
(c) A copy of any record, correspondence or plan or other document which is in his possession.
- Or under his control as executive officer or medical officer of health.
- Or which is recorded or filed in his office or in the office of any servant subordinate to him.

(2) The executive officer or medical officer of health shall comply with every requisition made under sub section (1) without unreasonable delay.

Power of Municipality to determine permanent staff

Except as provided by sections 57, 66, 68 and 70, and subject to any general or special directions.

As the State Government may from time to time issue Municipality may by special resolution determine what servants are required.

Required for the discharge of the duties of the Municipality and their qualifications and conditions of service.

Powers of the Municipality to borrow money S/114

For performance of its duties and functions, whether, mandatory or discretionary. A Municipality may with the previous sanction of the State Government.

And subject to the rules prescribed in this behalf raise loans in the open market. Or from any financial institution by issue of debentures or against any other security.

Power of board to manage and control property entrusted to its management

Subject to the provisions of the next section and to any condition imposed by the owner of the property.

A Municipality may manage and control any property entrusted to its management and control.

Power of board to transfer property s/124

(1) Subject to any restriction imposed by or under this Act, a Municipality may transfer by sale, mortgage, lease, gift, exchange.

Or otherwise any property vested in the Municipality, not being property held by it one any trust the terms of which are inconsistent with the right to so transfer.

(2) Notwithstanding anything contained in sub-section (1) the board may, with the sanction of the State Government.

Transfer to Government, any property vested in the board, but not so as to affect any trust or public rights to which the property is subject.

Instrument in writing sealed with the common seal

(3) Provided that every transfer under sub-section (1), other than a lease for a term not exceeding one year.

It shall be made by instrument in writing sealed with the common seal of the municipality. And otherwise complying with all conditions in respect of contracts imposed by or under this Act.

(4) For safeguarding the interest of weaker section of the society in an urban area. The State Government may issue directions as it may think fit with respect to the acquired or vested land in a municipality.

Taxes to be imposed s/128

(1) Subject to the provisions of this Act and of article 285 of the Constitution of India, a Municipality shall impose the following taxes, namely :—

(i) A tax on the annual value of buildings or lands or both.
(ii) A water tax on the annual value of buildings or lands or both.
(iii) Drainage tax on the annual value of buildings livable on such buildings. As are situated within a distance, to be fixed by rules in this behalf for each Municipality from the nearest sewer line.
(iv) A conservancy tax for the collection, removal and disposal of excrementious and polluted matter from privies, urinals, cesspools.

Municipality Impose any of the following taxes

(2) In addition to the taxes specified in sub-section (1), the Municipality may, for the purposes of this Act and subject to the provisions thereof, impose any of the following taxes, namely :-

(i) A tax on trades and callings carried on within the municipal limits and deriving special advantages from, or imposing special burdens on, the municipal services.
(ii) Tax on trades, callings and vocations including all employments remunerated by salary or fees.
(iii) A theater tax which means a tax of amusements or entertainments.
(iv) A tax on dogs kept within the Municipality.
(v) Scavenging tax,
(vi) A tax on deeds of transfer of immovable properties situated within the limits of the Municipality.
(viii) A tax on vehicles and other conveyances plying within the Municipality limit or on boats moored therein.
(ix) Betterment tax.

Municipal taxes shall be assessed and levied

(3) The municipal taxes shall be assessed and levied in accordance with the provisions of this Act and the rules and bye-laws framed thereunder.

(4) Nothing in this section shall authorize the imposition of any tax which the State Legislature has no power to impose in the State under the Constitution.

Provided that a Municipality which immediately before the commencement of the Constitution. It was lawfully levying any such tax under this section as then in force.

It may continue to levy that tax until provisions to the contrary is made by the Parliament.

Power of board to stop erection and to demolish building
erecte s/ 186

The Municipality may at any time by write notice direct the owner or occupier of any land to stop the erection, re-erection or alteration of a building.

Or part of a building or the construction or enlargement of a well thereon in any case where the Municipality considers that such erection, re-erection, alteration, construction or enlargement is an offence under section 185.

And may, in like manner, direct the alteration or demolition as it deems necessary of the building, part of a building, or the well, as the case may be.

Power of Municipality to enforce drainage connection with public drains

(1) When a building or land situated within one hundred feet of a public drain is at any time not drained to the satisfaction of the Municipality by any.

Or a sufficient drainage connection with such drain, the Municipality may, by notice require the owner or occupier of such building.

Or land to make and maintain a drainage connection with the drain in such manner as the Municipality, subject to the provisions of any bye law, directs.

Making default drainage connection

(2) The provisions of sections 306 to 312 (inclusive) shall apply to default in compliance with any such requisition.

Despite that part of the land through which the said drainage connection is required to pass. It may not belong to the person so making default, unless he shall prove.

He prove that the default was caused by the act of the owner or occupier of such last mentioned land. And he has made application to the Municipality under section 193.

Power of Municipality to alter unsanctioned street and demolish the same s/208

(1) If any person lays out or makes any street referred to in section 204, without or otherwise than in conformity with the orders of the Municipality.

The Municipality may, notwithstanding any prosecution which may have been started against the offender under this Act, by notice in writing:-

Written statement with signed

(a) Require the offender to show sufficient cause by a written statement signed by him and sent to the Municipality on or before such date as may be specified in the notice.
- Why such street should not be altered to the satisfaction of the Municipality. Or if such alteration be impracticable, why such street should not be demolished.

Offender to appear before the Municipality

(b) Require the offender to appear before the Municipality either personally or by a duly authorized agent.
- Appear on such day and at such time and place as may be specified in the notice, and show cause as aforesaid.

Fails to show sufficient cause on notice of Municipality for drainage

(2) If any person on whom such notice is served fails to show sufficient cause to the satisfaction of the Municipality.

The Municipality may pass such order directing the alteration or demolition of the street as it thinks fit.

Power of Municipality to construct and alter water-works s/224

(a) The municipality may construct water-works within or, subject to the provisions of sub-section (2) of section 120 Outside the municipality.
And may carry such works through, across, over or under any street or place. And after reasonable notice in writing to the owner or occupier, into, through, over or under any buildings or land.
(b) The municipality may from time to time enlarge, lessen, alter the course of, cover in or otherwise improve any water-works and discontinue, close up or remove the same.

Municipality grant licence to any person or company to supply water within municipal limits

(c) Municipality may with the previous sanction of the State Government. It may grant to any person or company a licence to supply water within municipal limits.
And for this purpose to lay down mains and pipes, construct water-works and do all other necessary acts or things.

Sanction licence of water supply by Municipality

(d) The municipality may with the same sanction, transfer all or any part of its existing water-works to the management of such licences.
Provided that such sanction shall not be given unless the State Government is satisfied. Government that it will be in the best interests of the public concerned.

Function of Municipalities UP

Discretionary functions of Municipality section 8 of Up municipalities Act 1916.

(1) A Municipality may make provision, within the limits of the municipality. And with the sanction of the Prescribed Authority outside such limits, for:-
- Laying out, in areas whether previously built upon or not, new public streets.
  - And acquiring land for that purpose and for the construction of building, and their compounds, to abut on such streets.
- Preparing and executing Master Plan.

Constructing, establishing public utilities by Municipality

Constructing, establishing maintaining or contributing to the maintenance of libraries,
- Museums, reading rooms, radio receiving stations, leper’s homes, orphanages,
- distraught asylums, halls, offices,
- Baby folds and rescue homes for women,
- Dharamshalas,
- Rest-houses, encamping grounds,
- Poor-houses, dairies, baths, bathing ghats, washing places,
- Drinking fountains, tanks, wells, dams, and other works of public utility.

Maintenance of Primary school by Municipality

Furthering educational objects by measures other than the establishment and maintenance of primary schools.
Taking a census, and granting rewards for information which may tend to secure the correct registration of vital statistics.

Reward and Tax by Municipality

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 or property vested in or entrusted to the management and control of the Municipality.
Giving relief, on the occurrence of local calamities, by the establishment and maintenance of relief works or otherwise.
Securing or assisting to secure suitable places for the carrying on of any trade or manufacture mentioned under sub-head (a) or heading G of section 298.

Sewage disposal function by Municipality

Establishing and maintaining a farm or factory for the disposal of sewage.
Making arrangements for preparation of compost manure from night soil and rubbish.

Constructing subsidizing public Transport by Municipality

Constructing, subsidizing or guaranteeing
- tramways, rail- roads
- Or other means of locomotion and electric or gas lighting or electric or gas power works.
Promoting tourist traffic.
Holding fairs and exhibitions.
Preparing and executing House and Town Planning Schemes.
Taking measures to promote trade and industry.
Supply of milk

Loan grant by Municipality

Establishing Labour Welfare Centers for its employees and subsidizing the activities of any association, union or club of such employees by grant or loan, for its general advancement.
Organising or contribution to Municipality Unions.
Adopting any measure, other than a measure specified in section 7 or in the foregoing provisions of this section likely to promote the public safety, health, or convenience.

Removing social disabilities by Municipality

Removing social disabilities of Scheduled Castes and Backward Classes in such manner as may be prescribed.
Taking measures for the control of beggary
The doing of anything whereon expenditure is declared by the State Government. Or by the Municipality with the sanction in the case of cities of the State Government.
- And in the case of other municipalities of the Prescribed Authority to be an appropriate charge on the municipal fund.

Duties of Municipalities UP

Section 7 provides that it shall be the duty of every Municipality to make reasonable provision within the municipal area for-:

Lighting public street and places.
Watering public streets and places.
Making a survey, and erection of boundary marks, of the Municipality.
Cleaning public streets, places and drains, removing noxious vegetation, and abating all public nuisances.
Regulating offensive, dangerous or obnoxious trades, callings or practices.
Confinement, removal or destruction of stray dogs and dangerous animals.
Securing or removing dangerous buildings or places.
Constructing, altering and maintaining public streets, culverts, markets, latrines, privies, urinals, drains, drainage works and sewerage works.
Registering births and deaths.
Establishing and maintaining a system of public vaccination.
Establishing, maintaining or supporting public hospitals and dispensaries, and providing public medical relief.
Establishing and maintaining primary schools.
Promoting cultural, educational and aesthetic aspects.
Slum improvement and upgradation.
Urban poverty alleviation.