Arunachal Pradesh Municipal Corporation Act, 2019

No: 8 Dated: Oct, 01 2019

THE ARUNACHAL PRADESH MUNICIPAL CORPORATION ACT, 2019

(ACT NO. 8 OF 2019)

    An Act to make a legal framework and mechanism and put in place for establishment and constitution of Municipal Corporation in the State of Arunachal Pradesh and matters connected therewith and incidental thereto.

    BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Seventieth -year of the Republic of India as follows:-

CHAPTER-1

PRELIMINARY

1. Short title, extent and commencement : (1) This Act may be called the Arunachal Pradesh Municipal Corporation Act, 2019.

(2) It extends to the whole of the State of Arunachal Pradesh excluding the cantonment areas therein.

(3) It shall come into force on the date of its publication in the Official Gazette.

2. Definitions : In this Act, unless the context otherwise requires,-

(1) "Backward classes" means such classes of citizens classified under BPL family, as may be identified and notified by the State Government from time to time.

(2) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made there under;

(3) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, wall or any other structure, whether of masonry, bricks, wood, bamboo, mud, metal or other material and includes a well but does not include any portable shelter ;

(4) "bye-law'' means a bye-law made under this Act, by notification in the Official Gazette;

(5) "Commissioner" means the Commissioner of the Corporation, appointed by the State Government ;

(6) "Corporation" means the Municipal Corporation declared and constituted under sections 3 and 4 of this Act ;

(7) "corrupt practice" means any of the practices specified in section 29,

(8) "casual vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a Councillor or in any other elective office ;

(9) Cattle means domestic animals and includes elephants, mithun, buffaloes, cows, oxen, horses, mares, geldings, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids.

(10) "dangerous disease" means-

(a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal meningitis and diphtheria; and

(b) any other epidemic, endemic or infectious disease which the Commissioner may, by notification, in the Official Gazette, declare to be dangerous disease for the purposes of this Act;

(11) "Director" means the Director of Urban Local Bodies appointed by the Government;

(12) "District" means a district in the State;

(13) "District Judge" means the District Judge having jurisdiction over the municipal area;

(14) "District Planning Committee" means a committee constituted under section 3 of the Arunachal Pradesh District Planning Committee Act, 2011 (5 of 2011 ), at the district level to consolidate the plans prepared by the panchayats and the municipalities in the district and to prepare a draft development plan for the district as a whole;

(15) "Divisional Commissioner" means the Commissioner of the Division in which the Corporation is situated and includes any other Officer appointed by the Government to perform all or any of the functions of the Divisional Commissioner under this Act;"

(16) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive matter, polluted water, waste water, rain water or subsoil water ;

(17) "dry latrine" means a latrine or privy from where night soil is removed through manual scavenging ;

(18) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment;

(19) "factory" means a factory as defined in the Factories Act, 1948 (63 of 1948);

(20) "filth" includes offensive matter and sewage;

(21) "Finance Commission" means the Finance Commission constituted by the State Government under section 138 of the Arunachal Pradesh Panchayati Raj Act, 1997, and under articles 243-1 and 243- Y of the Constitution of India ;

(22) "goods" includes animals ;

(23) "Government" means the Government of the State of Arunachal Pradesh;

(24) "house gully" or "service passage" means a passage or strip of land constructed, set apart or utilised for the purpose of service as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by Corporation employees or other-persons employed in the cleaning thereof or in the removal of such matter therefrom ;

(25) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act ;

(26) "land" includes benefits that arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street ;

(27) "licensed architect", "licensed draftsman", "licensed engineer", "licensed plumber", "licensed surveyor" and "licensed town planner" means respectively a person licensed under the provision of this Act as an architect, draftsman, engineer, plumber, surveyor and town planner;

(28) "member" in relation to the Corporation means a Councillor thereof:

(29) "municipal area" means the territorial area of the Corporation declared under section 3 of this Act,

(30) "municipal drain" means a drain vested in the Corporation;

(31) "municipal market" means a market vested in or managed by the Corporation ;

(32) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation;

(33) "municipal water works" means water works vested in the Corporation ;

(34) "municipality" means an institution of self-Government constituted under section 7 of the Arunachal Pradesh Municipal Act, 2007, which may be a Nagar Panchayat or a Municipal Council Class "A" or a Municipal Council Class "B" or a Municipal Council Class "C" ;

(35) "nuisance" includes any act, omission, place, animal or a thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property ;

(36) "occupier" includes-

(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable :

(b) an owner in occupation of, or otherwise using his land or building ;

(c) a rent-free tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for use and occupation of any land or building ;

(37) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances, other than sewage ;

(38) "owner" includes a person who for the time being is receiving or is entitled to receive, the rent of any land or building whether on his own account or on account of himself and others or as an agent, trustee, guardian or receiver for any other person who should so receive the rent or be entitled to receive it if the land or building or part thereof were let to a tenant;

(39) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published ;

(40) "premises" means any land or building or part of a building and includes,-

(a) the garden, ground and out-houses, if any, appertaining to a building or part of a building ; and

(b) any fittings affixed to a building or part of a building for the more beneficial enjoyment thereof;

(41) "prescribed" means prescribed by rules made under this Act;

(42) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners;

(43) "private market" means a market which is not a municipal market";

( 44) "private slaughter house" means a slaughter house which is not a municipal slaughter house;

(45) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not ;

(46) "public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities issued under this Act ;

(47) "public street" means any street which vests in the Corporation or which under the provisions of this Act becomes, or is declared to be a public street ;

(48) "railway administration" would have the same meaning as assigned to it in the Indian Railway Act, 1890 (9 of 1890) ;

(49) "rateable value" means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes ;

(50) "regulation" means a regulation made by the Corporation under this Act, by notification, in the Official Gazette ;

(51) "reside"-

(a) a person shall be deemed to "reside" in any dwelling house which or some portion of which he sometimes, although not uninterruptedly uses as a sleeping apartment; and

(b) a person shall not be deemed to cease to "reside" in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is, liberty of returning to it at any time, and no abandonment of the intention of returning to it;

(52) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth ;

(53) "rural areas" means the part of the municipal area which immediately before their inclusion within the limits of the municipal areas were situated within the local limits of a Gram Panchayat and exclude by a notification under this clause.

(54) "Scheduled Tribes" shall have the same meaning as assigned to it in clause (25) of article 366 of the Constitution of India ;

(55) "sewage" means night-soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufactures of all kinds ;

(56) "shed" means a slight or temporary structure for shade or shelter;

(57) "slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption ;

(58) "State Election Commission" means the State Election Commission constituted by the State Government under section 104 of the Arunachal Pradesh Panchayat Raj Act, 1997 ( 5 of 2001) and under articles 243-K and 243-ZA of the Constitution of India;

(59) "street" shall mean any road, footway, square, court, alley, gully or passage, accessible whether permanently or temporarily to the public and whether a thoroughfare or not, and shall include every vacant space, notwithstanding that it may be private property and partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon, and if it is used by any person as means of access to or from any public place or thoroughfare, whether such persons be occupiers of such buildings or not, but shall include any part of such space which the occupier of any such building has right at all hours to prevent all other persons from using as aforesaid and shall include also the drains or gutters therein, or on either side of the land, whether covered or not by any pavement, verandah or other erection, up-to the boundary of any abutting property, not accessible to the public ;

(60) "trade effluent" means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage ;

(61) "trade premises" means any premises used or intended to be used for carrying on any trade or industry ;

(62) "trade refuse" mean the refuse of any trade or industry ;

(63) "vehicle" includes a carriage, cart, van, dray, truck, hand-cart, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used on a street ;

(64) "ward" means a municipal ward of the Corporation made under sub-section (2) of section 4 of this Act for the purpose of election of a member;

(65) "water course" includes any river, stream or channel whether natural or artificial ;

(66) "water seal latrine" means a latrine with a minimum water-seal of 20 mm. in which excreta is pushed in or flushed by water and is not required to be removed by human agency ;

(67) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, main pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery, bridges and things used for, or intended for the purpose of supplying water

(68) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on ; and

(69) "year" means a year commencing on the 1st day of April.