Constitution of Municipality

Constitution of Municipality

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Notifications of intention to create, alter limits of, or abolish municipality- (l) The State government may, by notification, in the official Gazette and by such other means as it may determine, declare its intention-

            (a) to constitute any town together with or exclusive of any railway station, village, building or land contiguous to any such town a municipality under this Act; .
            (b) to include within a municipality any local area contiguous to the same ;
            (c) to exclude from a municipality any local area comprised therein; or
            (d) to withdraw the whole area comprised in any municipality from the operation of this Act

Provided that no municipality under this Act shall include any military cantonment or part of a military cantonment.

(2) Every notification published under sub-section (l) shall define the limit of the local area to which is related.

(3) A copy, both in English and the Vernacular of the district, of every notification issued under sub-section (1) shall be posted up in a conspicuous place in the office of the Municipal Boards or, in the case of a notification under clause (a) that sub-section, in the office of the District Magistrate and in such other pub1ic place, as the Board of the District Magistrate, as the case may be, may direct; and public proclamation shall be made by beat of drum through the municipality or local area concerned that such copy has been so posted up, and is open to inspection in such office.

Objection to the creation, alteration of limits, or abolition of municipality- (1) any inhabitant of any part of a local area defined in a notification published under section 4 or any rate-payer of the municipality, may, if he objects to anything therein contained, submit his objection in writing through the Deputy Commissioner to the State Government Within forty-two days from the date of the publication, and the State Government shall take his objection into consideration.

(2) When sixty days from the date of the publication of the notification have expired, and after considering any objection, which may be submitted, the State Government may by notification, -

          (a) constitute the local area or any specified part thereof to be a municipality under this Act, or
          (b) include the whole area or any part thereof in the Municipality or exclude it therefrom, or
          (c) withdraw the whole area comprised in the Municipality from the operation of this Act, as the case may be.

Effect of including local area in Municipality-When a local area is included in a Municipality by a notification published under section 5 sub-section (2), all the provisions of this Act and all rule and bye-laws made orders, directions and notices issued and power conferred thereunder and in force throughout the Municipality at the time when the local area is so included, shall apply thereto unless the State Government, by notification otherwise direct.

Effect of excluding local area from Municipality or withdrawing the whole area of Municipality from Act. -(1) when a local area is excluded from a Municipality by a notification published under Section 5, sub-section (2), -

(a) this Act and all rules and bye-laws made, orders, directions and notices issued, and powers conferred there under shall cease to apply thereto ;
(b) the State Government shall, after consulting the Board, frame a schemes determining what portion of the balance of the Municipal fund and other property vested in the Board shall vest in the State Government and in what manner the liabilities of the Board shall be apportioned between the Board and the State Government; and on the publication of such scheme in the Gazette, such property and liability shall vest and be apportioned accordingly.

(2) When the whole area comprised in a municipality is withdrawn from the operation of this Act by a notification published under Section 5. Sub-section (2), this Act and all rules and bye-laws made, orders, directions and notice issued and powers conferred thereunder, shall cease to apply thereto; and the balance of the municipal fund and all other property at the time of the issued of the notification vested in the Board shall be transferred to the State Government.

Power to exempt Municipality from provisions of Act unsuited thereto. - (1) should the circumstances of any Municipality be such that any of the provisions of this Act are unsuited thereto the State Government may, by notification, either of their own motion after consultation with the Board or on the recommendation of the Board are meeting specially convened for the purpose exempt the Municipality or any part of it from the operation of those provisions; and thereupon the said provisions shall not apply to the Municipality until apply thereto by notification after consultation with the Board.

(2) While such exception as aforesaid remains in force, the State Government may make rules for the guidance of the Board and public offers in respect of the matters expected from the operation of the said provisions.

Erection and maintenance of boundary marks. -Every Municipal Board already existing and every Municipality newly constituted under this Act and every municipality whose localities are altered, shall cause to be erected and set up and there after maintain substantial boundary marks defining the limits or altered limits of the area subject to its authority, as set out in any notification published under this Act.