[Act No. 21 of 1964] An Act to
amend further the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (U.P. Act II
of 1959) for certain purposes. IT IS
HEREBY enacted in the Fifteenth Year of the Republic of India as follows: This Act
may be called the Uttar Pradesh Nagar Mahapalika (Sanshodhan) Adhiniyam, 1964. For clause
(22) of section 2 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959
(hereinafter referred to as the principal Act) the following shall be
substituted: "(22) 'essential service' means a service referred to in section
112-B." In
sub-section (1) of section 7 of the principal Act, for the words "as
determined at the last census held under the provisions of the Census Act,
1948", the words "as ascertained at the last preceding census of
which the relevant figures have been published" shall be substituted. For section
18 of the principal Act the following shall be substituted:-- "18. The Nagar Pramukh and the
Upa Nagar Pramukh may be given such allowances or facilities as the Mahapalika
may, with the previous approval of the State Government, fix." After
section 30 of the principal Act the following new section 30-A shall be
inserted:-- "30-A. Conveyance allowance or facilities for members The
Sabhasads and Vishishta Sadasyas may be paid such conveyance allowance, or be
given such facilities in lieu of conveyance allowance, for attendance at
meetings of the Mahapalika and its committees as may be provided by
rules." In section
31 of the principal Act-- (i)
in
sub-section (2), for the words "as ascertained at the last census held
under the provisions of the Census Act, 1948", the words "as
ascertained at the last preceding census of which the relevant figures have
been published or as determined in the manner provided in sub-section
(3)", shall be substituted; and (ii)
after
sub-section (2) the following new sub-section (3) shall be inserted:-- "(3) Where, in the opinion of
the State Government, the population of any area in a City to be comprised in a
ward cannot readily be ascertained from the census figures mentioned in
sub-section (1), the State Government may, by notification in the official
Gazette, direct that such population shall be determined by multiplying the
number of voters entered in the Assembly rolls relatable to that area by the
total population of the area comprised in the City as ascertained at such
census and then dividing the product by the total number of voters entered in
the Assembly rolls relatable to the area comprised in the City. Explanation--In
this sub-section 'Assembly rolls' means the Assembly rolls in force on such
date as may be specified in the notification." In
sub-section (1) of section 32 of the principal Act-- (i)
in clause
(el, for the word "seats"-, the words "seat or seats" shall
be substituted and for the word "({ksrz)" the word "(d{k)"
shall be substituted; and (ii)
for clause
(d) the following shall be substituted:-- "(d) whether the seat, or any of
the seats allotted to a ward is reserved for the Scheduled Castes." In clause
(a) of sub-section (3) of section 63 of the principal Act, the words
"clause (b) of" shall be deleted. In section
85 of the principal Act-- (1)
for
sub-section (1) the following shall be substituted:-- "(1) Notwithstanding anything
contained in the Indian Oaths Act, 1873, every person who is elected a Sabhasad
or a Vishishta Sadasya or co-opted as a member of the Development Committee and
every person who is elected a Nagar Pramukh shall before taking his seat make
an oath or affirmation in the following form, namely: "I,
A.B., having been elected Sabhasad
Vishishta Sadasya Nagar Pramukh/Co-opted member of the Development Committee of this Mahapalika/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 discharge the duty upon which I am about to
enter."; (2)
after
sub-section (1) the following new sub-section shall be inserted:-- "(1-A). Within seven days of the constitution under section 9 or
reconstitution under section 538 or section 539 of the Mahapalika the Mukhya
Nagar Adhikari shall convene a meeting of the Nagar Pramukh, Sabhasads and
Vishishta Sadasyas who have been declared elected. The Commissioner of the
Division and in his absence the District Magistrate shall administer the oath
or affirmation to the Nagar Pramukh and thereafter the Nagar Pramukh shall
administer the oath or affirmation to such Sabhasads and Vishishta Sadasyas as
may be present." In section
88 of the principal Act-- (i)
in
sub-section (2) the following shall be inserted at the end: "The
meeting on such requisition shall be convened within fifteen days from the date
of delivery or service thereof."; (ii)
after
sub-section (2) the following new sub-sections shall be inserted:-- "(2-A). Notwithstanding anything contained in sub-section (2), where a
meeting has already been called to be held within a period of fifteen days from
the date of delivery or service of a requisition, the Nagar Pramukh or Upa
Nagar Pramukh, as the case may be, may, instead of calling a separate meeting
upon that requisition, include, subject to the provisions of sub-section (1) of
section 91, the matters mentioned in such requisition in the list of business
to be transacted at the meeting already called and thereupon such meeting shall
be deemed to be a meeting convened on that requisition as well. (2-B). The Nagar Pramukh or the Upa Nagar Pramukh, as the case may be, may,
for reasons to be recorded, postpone a meeting, other than a meeting convened
on requisition of members, by giving such notice as may be provided by bye-laws
in this behalf." In section
107 of the principal Act-- (i)
For the
first paragraph of sub-section (1) the following shall be substituted:-- "Appointments
to the posts of Upa Nagar Adhikari, Sahayak Nagar Adhikari, Nagar Abhiyanta,
Nagar Swasthya Adhikari, Mukhya Nagar Lekha Parikshak and to other posts
carrying an initial salary of not less than rupees five hundred per mensem
shall be made by the Nagar Pramukh after consultation with the State Public
Service Commission in the manner prescribed and not otherwise."; (ii)
for the
first sentence of sub-section (2) the following shall be substituted:-- "Appointments
to other posts carrying an initial salary of not less than rupees two hundred
per mensem shall be made after consultation with the State Public Service
Commission in the manner prescribed and not otherwise."; (iii)
in
sub-section (5) for the word and figure "Rs. 50" the words
"rupees fifty per mensem" shall be substituted. After
section 112 of the principal Act the following shall be added as new sections
112-A to 112-D:-- "112-A. Centralization of services (1)
Notwithstanding
anything contained in sections 106 to 110, 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 the Mahapalikas or to the
Mahapalikas and Municipal Boards of the State, and prescribe the method 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. 112-B. Essential services The
following services of the Mahapalika shall be the essential services, namely:-- (a)
medical and
public health services; (b)
water works
and mechanical engineering services; (c)
sweepers; (d)
staff of
the lighting department; (e)
transport
services; and (f)
such other
services as may be specified in the rules. 112-C. Members of essential services not to resign, etc. without permission No member
of an essential service shall-- (a)
resign his
office or withdraw or absent himself from the duties thereof, except-- (i)
after
obtaining written permission from the Mukhya Nagar Adhikari or any officer
authorised by him in this behalf; or (ii)
in the
event of illness or accident disabling him from the discharge of his duties or
for such other reasons as the Mukhya Nagar Adhikari or officer authorised by
him in this behalf may consider sufficient; or (iii)
after
giving three months notice in writing to the Mukhya Nagar Adhikari; or (b)
neglect or
refuse to perform his duties or wilfully perform them in a manner which, in the
opinion of the Mukhya Nagar Adhikari or such other officer, as aforesaid, is
inefficient. 112-D. Power of State Government to declare emergency (1)
If the
State Government is of the opinion that the stoppage or the cessation of the
performance of any of the essential services will be prejudicial to the safety
or health or to the maintenance of services essential to the life of the community
in the City it may, by notification in the official Gazette, declare that an
emergency exists in the City and specify the period for which such declaration
shall be in operation. (2)
While a
declaration of emergency under sub-section (1) is in operation no member of
such of the essential services as may be specified in the notification shall,
notwithstanding any law or agreement to the contrary for the time being in
force-- (a)
withdraw or
absent himself from his duties except in the event of illness or accident
disabling him from the discharge of his duties; or (b)
neglect or
refuse to perform his duties or wilfully perform them in a manner which in the
opinion of such officer as the State Government may specify in this behalf is
inefficient." In
sub-section (2) of section 113 of the principal Act-- (i)
in clause
(e) after the word "Mahapalika" a semicolon shall be substituted for
the comma and the word "and" and the comma occurring thereafter shall
be deleted; (ii)
in clause
(f) for the fullstop at the end a semi-colon shall be substituted and
thereafter the word "and" shall be added, (iii)
after
clause (f) the following new clause shall be inserted:-- "(g) the creation of municipal
services under section 112-A, and recruitment thereto, absorption of existing
officers and servants therein, and transfer, leave, punishment, including
dismissal and removal, appeal and other disciplinary matters and other
conditions of service of such officers and servants." For
sub-section (5) of section 129 of the principal Act, the following shall be
substituted:-- "(5) The consideration for which
any immovable property, or any right, title or interest therein belonging to
the Mahapalika may be sold, leased or otherwise transferred shall not be less
than the current market value thereof: Provided
that in the case of lease or sale of land for educational, cultural or
charitable purposes in favour of a society registered under the Societies
Registration Act, 1861 or a statutory corporation a concession not exceeding
half the annual rental value in the case of lease or half the total market
value in any other case may be allowed subject to the condition that the total
value of the concession so allowed does not exceed ten thousand rupees: Provided further that a concession exceeding the limits specified in the
last preceding proviso may be allowed by the Mahapalika with the prior approval
of the State Government. Explanation--If
any question arises as to the value of a proposed concession or as to whether
the purpose of a proposed transfer is an educational, cultural or charitable
purpose, the decision of the State Government shall be binding on the
Mahapalika." In
sub-section (2) of section 139 of the principal Act for the words "or such
other scheduled bank or banks as the Mahapalika may, with the previous sanction
of the State Government, appoint," the words "or with the previous
sanction of the State Government into the U.P. Co-operative Bank or such other
scheduled bank or banks as the Mahapalika may appoint," shall be
substituted. After
section 152 of the principal Act the following shall be inserted as new section
152-A:-- "152-A. Surcharge (1)
The Nagar
Pramukh, Upa Nagar Pramukh, and every member, officer and servant of the
Mahapalika shall be liable to Surcharge for the loss, waste or misapplication
of any money or property of the Mahapalika, if such loss, waste or
misapplication is a direct consequence of his neglect or misconduct while
acting as such Nagar Pramukh, Upa Nagar Pramukh, member, officer or servant. (2)
The
procedure of surcharge and the manner of recovery of the amount involved in
loss, waste or misapplication shall be such as may be prescribed by rules. (3)
Where no
surcharge proceedings are taken the Mahapalika may with the previous sanction
of the State Government institute a suit for compensation against such Nagar
Pramukh, Upa Nagar Pramukh, member, officer or servant." In clause
(e) of section 153 of the principal Act the word "and" occurring
after the word "published" shall be substituted by a comma, and
between the word "surcharge" and the semicolon occurring thereafter
the words "and the manner in which surcharge proceedings will be
undertaken" shall be inserted. In
sub-section (2) of section 211 of the principal Act the full-stop occurring at
the end shall be substituted by a colon and thereafter the following shall be
inserted as a proviso: "Provided
that where as a result of any order or adjudication of a court of law the new
assessment list or any portion thereof cannot take effect, the old assessment
list or the corresponding portion thereof shall, subject to such order or
adjudication, be deemed to have continued to be effective." In section
213 of the principal Act-- (1)
in the
proviso to sub-section (1) and in sub-section (3) immediately after the word
"alteration" wherever occurring the words "or amendment"
shall, be inserted; (2)
after
sub-section (1) the following new sub-section (1-A) shall be inserted and shall
be deemed always to have been inserted:-- "(1-A). For the removal of doubts it is hereby declared that it shall
not be necessary to follow the procedure laid down in sections 199 to 203 or in
sections 207 to 210 in respect of any alteration made under clause (e) of
sub-section (1) as a result of a determination of the rate of tax under section
148." In section
365 of the principal Act-- (i)
in
sub-section (1) for the words "by the State Government" the words
"under this Chapter" shall be substituted; (ii)
in
sub-section (2) for the words "by Government" the words "under
this Chapter" shall be substituted; (iii)
in
sub-section (4) after the existing proviso the following shall be added and
shall be deemed always to have been added as a second proviso:-- "Provided
further that in relation to any improvement scheme notified under section 42 of
the U.P. Town Improvement Act, 1919, or section 60 of the Cawnpore Urban Area
Development Act, 1945, this sub-section shall be so construed as if for the
words 'within a period of five years from the date of the notification of the
scheme under section 363' the words 'on or before the thirty-first day of
December, 1967' were substituted." After
section 367 of the principal Act the following shall be added as new section
367-A:-- "367-A. Abandonment of Scheme The
Mahapalika may at any time with the prior approval of, and in accordance with
such conditions as may be imposed by the State Government, abandon any scheme
notified under section 42 of the U.P. Town Improvement Act, 1919, section 60 of
the Cawnpore Urban Area Development Act, 1945 or section 363 of this Act, and
upon such abandonment, any land in respect of which the acquisition is not
complete up to the stage of making of award, and the owner and occupier of such
land, shall cease to be subject to any liabilities under this Chapter." After
section 464 of the principal Act, the following new section shall be added: "464-A. Punishment for contravention of sections 112-C and 112-D Whoever
acts or abets the commission of an act which is in contravention of the
provisions of section 112-C or section 112-D shall, on conviction, be punished
with imprisonment for a term which may extend to six months or with fine which
may extend to five hundred rupees or with both." In
sub-section (2) of section 472 of the principal Act-- (i)
in clause
(b) for the words "to the Mukhya Nagar Adhikari as provided under this Act
and such objection has been disposed of" the words and figure "and
has been disposed of under section 209" shall be substituted; (ii)
for clause
(d) the following shall be substituted: "(d) in the case of an appeal
against any amendment or alteration made in the assessment list for property
taxes under sub-section (1) of section 213, an objection has been made in
pursuance of a notice issued under the proviso to the said sub-section and such
objection has been disposed of;" In section
473 of the principal Act-- (i)
in clause
(a) for the words "to the Mukhya Nagar Adhikari against such value"
the words and figure "against such value under section 209" shall be
substituted. (ii)
in clause
(b) for the words "the said section" the word and figure
"section 472" shall be substituted; (iii)
for clause
(c) the following shall be substituted:-- "(c) In the case of an appeal
against any amendment or alteration made in the assessment list for property
taxes under sub-section (1) of section 213, on the day when the objection made
in pursuance of a notice issued under the proviso to the said sub-section is
disposed of;" In
sub-section (1) of section 492 of the principal Act, between the word
"section" and the figure '417" the figures, letters and words
"112-C, section 112-D or section" shall be inserted. After
section 571 of the principal Act, the following shall be added as new sections
571-A and 571-B:-- "571-A. Mode of proof of Mahapalika records A copy of
any receipt, application, plan, notice, order, entry in a register or other
document in the possession of a Mahapalika shall, if duly certified by the
legal keeper thereof or a person authorised by the Mukhya Nagar Adhikari in
this behalf, be received as prima facie evidence of the existence of the entry
or document and shall be admitted as evidence of the matters and transactions
therein recorded in every case where, and to the same extent as, the original
entry or document would, if produced, have been admissible to prove such
matters. 571-B. Restriction on summoning of Mahapalika officers or servants to
produce documents No
Mahapalika officer or servant shall in any legal proceedings to which a
Mahapalika is not a party be required to produce any register or document the
contents of which can be proved under the last preceding section by a certified
copy or to appear as a witness to prove the matter and transactions recorded
therein unless by order of the Court made for special cause." In section
577 of the principal Act, after clause (e), the following shall be inserted and
shall be deemed always to have been inserted as a new clause:-- "(ee) For so long as the posts mentioned in section 106 are not
created by the Mahapalika and formal appointments are not made thereto as
provided in this Act-- (1)
the Mukhya
Nagar Adhikari shall be competent to make such changes in the designations of
the existing officers and servants mentioned in clause (e) as may be necessary
having regard to the provisions of this Act and the rules made thereunder, and
the officers and servants so designated shall be competent to exercise and
perform the powers, duties and functions assigned to them under the Act and the
said rules: Provided
that a copy of every order of the Mukhya Nagar Adhikari made under this
sub-clause shall be sent to the State Government which may make such
modifications therein as may be necessary or desirable; (2)
such
officer or officers of the State Health Service as the State Government may
nominate or designate in this behalf shall function as Nagar Swasthya Adhikari
or as Nagar Swasthya Adhikaris under the Act; (3)
servants of
the State Government who are on deputation with the said Municipality,
Improvement Trust, Development Board or local authority immediately before the
appointed day shall, notwithstanding anything contained in sections 106 and
107, be deemed to be on deputation with the Nagar Mahapalika: Provided
that the State Government may, at any time, of its own accord or on a request
being made by the Mahapalika withdraw any such officer or substitute any such
officer by a new officer."THE UTTAR PRADESH NAGAR MAHAPALIKA (SANSHODHAN) ADHINIYAM, 1964
PREAMBLE