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INTEGRAL UNIVERSITY, LUCKNOW

Dasuali, Kursi Road, Lucknow

Faculty of Law
Sub Name & Code : Local laws and other Acts (LW 324)

Assignment Topic : Write an assignment describing U.P Municipalities

Act 1916.

Session: 2024-25

Submitted to: Submitted by:

Ms. Zainab Iftikhar Ma’am Rocky Raphael
Asst. Professor Course Name : LL.B.
Faculty of Law, Integral University Year & Semester: 3rd Year / VIth
semester
Session: 2024-25
Enrolment No: 2200103168
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Acknowledgement
I express my gratitude to Ms. Zainab Iftikhar Ma’am, my esteemed professor
at Faculty of Law, Integral University, Lucknow, for her invaluable guidance
during the crafting of this assignment. Her expertise in U.P. local laws has
been pivotal in navigating the complexities of the Legal Profession. I am really
thankful to her. I would like to thank my parents and my friends, who helped
me a lot in finalizing this assignment within the limited time frame.

Thank You
Rocky Raphael
LL.B. 3rd Year
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INDEX

Sl.No. Particulars Page No.

1. Introduction 4
2. History 4-5
3. Definition and Declaration of municipalities as per the 5-6
Municipality Act, 1916
4. Composition of municipality 6
5. Position of women belonging to the Scheduled Castes, 7
the Scheduled Tribes or the Backward Classes:
6. Duties of Municipality 7-10
7. Election 10
8. Taxation 11
9. Process of execution against property outside 11
municipal area
10. Outline the provisions related to the sanitation and 12
the prevention of diseases
11. Rent charge 13
12. Provisions of making bye-laws 14
13. Conclusion 14-15
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Introduction:

With the hope of decentralization of powers establishing a pluralistic political

state by systemizing the interests and needs of the people in regional and
provincial forums, and with the Constitution introducing two distinct
governments at the centre and each state, the 73rd and 74th constitutional
amendments were passed authorizing the formation of the panchayats and
municipalities as the chosen local governments. But even before
independence at the trial of the then British government, Municipality Acts
were formulated as well, which post-independence were amended and
brought in synchronization with the Constitution of India. But initially, the
Charter Act of 1833 had brought in the concept of administrative powers
being conferred on the Governor-General-in Council, an official body. He
could possibly formulate, revoke, amend and alter laws and guidelines made
for all the people. Here, with regard to this Act as well the powers are delegated
and conferred upon the committees and the people which in turn also takes
the form of statutory instrument and bye-laws. The system is regulated by
enactments passed from time to time by State legislatures as the Municipal
Acts are state-specific where the state legislature has the authority to decide
upon the structure, functions and powers that could be allocated to that
particular government. As put forth, the provisions of the State municipal
Acts are looked over and supervised by the Urban local governments.
Municipalities also have the power of articulating and devising local bye-laws
as per provisions of municipal administration. Therefore the role of the
Municipal Acts turns out to be that of guiding officials and representatives of
the Local Governments with regard to administration.

History:

Uttar Pradesh's history of urban local government turned out to be a prime

reason behind the enactment of legislations and superintendence over the
functioning of the urban local institutions. Along with several acts being
enacted right from 1856 to over the years, the U.P. Town Area Act was enacted
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in 1914 and the U. P. Municipalities Act published under Section 81 of the

Government of India Act, 1915 effect in 1916.

Definition and Declaration of municipalities as per the Municipality Act,

1916

This Act considers the definition of 'municipality' to be synonymous to that as

laid by the Constitution of India under Article 243-P clause (e) which defines
it as 'an institution of self-government constituted under Article 243 Q'. But
this is not the only definition borrowed from the Constitution, few of the other
definitions are 'Municipal Area' under section 9A which is defined under
Article 243-P clause (d) as 'territorial area of a municipality...', Then again
'Panchayat' as per section 13A is similar to that as defined under 243-P clause
(f) which highlights it to be that as constituted under Article 243-B.

The governor as per limits and specifications of the Act notifies the limits of
the transitional area, smaller urban area and larger urban area as under
clause (2) of Article 243-Q puts forth the declaration of the transitional smaller
urban and larger urban areas under section 3. The governor by a successive
notification can decide upon the exclusion or inclusion of certain areas under
the specified transitional, smaller urban and larger urban areas. Section 5 of
this Act issues such areas to be subjected to all notifications, orders,
directions, bye-laws etc, made under this Act or any other subsequent
enactment in force at the time As section 3 A of the Act extends with reference
to Article 243-Q clause(1) in accordance with Part IX-A of the Constitution,
that every transitional area is to be known as the Nagar Panchayat, every
smaller urban area to be known as the Municipal Council and larger urban
area as Municipal corporation. For instance, as seen in the case of 'Rakam
Singh V. State of U.P. & Others(2015) [1]', it was laid that "a transitional area",
"a smaller urban area" or "a larger urban area" indicated towards areas of
which the Governor having regard of the population, revenue initiated for local
administration, the state of employment in non-agricultural activities, and
other such factors, as deemed fit by him, specified by public notification for
the purposes of this Part.
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According to section 3A clause (3) sub-clause (b), whichever notifies area the
committee established under section 388 or constituted by the Town Area
Committee with regard to the Uttar Pradesh Town Area Act, 1914, was deemed
to be known as the Nagar Panchayat which stood to be immediately before or
from the commencement of the Act until the first constitution of the Nagar
Panchayat under it.

Composition of municipality

The composition of municipality is specified under section 9 of the Act which

first of all highlights the consistent role of the president as the chairman of
both, the Nagar Panchayat and Municipal Council. The elected members in
case of the Nagar Panchayat cannot be less than 10 and not more than 24,
while the Municipal Council cannot have members less than 25 and not more
than 55. The specifications regarding the members are followed according to
the Official Gazette. It mentions about the ex-officio members consisting of all
the members of the House of the People and the State Legislative Assembly
where all the constituencies are represented, adjusting the whole or part of
the municipal area. Ex-officio members also indicate towards all members of
the Council of States and the State Legislative Council, already registered as
electors within the municipal area. Also as per the Official Gazette's
notification, the State government nominates from certain people having
special knowledge and experience in municipal administration, members for
the Nagar Panchayat and Municipal Council. But in the case of the former it
should not be less than 2 and not more than 3. Taking into consideration the
Municipal Council, it shouldn't be more than 5.

The Scheduled Castes, Scheduled Tribes and Other Backward Classes have
seats reserved in the municipality which have to be of the same proportion to
the total number of seats which is to be filled by direct election as per the
ratio of the population of Scheduled Castes in the Municipal area or the
Scheduled Tribes in the Municipal area to the total population of that area.
Here the seats are allotted by rotation to different wards in a municipality
according to the prescribed rules.
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Position of women belonging to the Scheduled Castes, the Scheduled

Tribes or the Backward Classes:

The women belonging to the Scheduled Castes, the Scheduled Tribes or the
Backward Classes are entitled to not less than one-third of the seats reserved
under Section 9A sub-section (3). Further, in clause (4) it is also mentioned
that not less than one-third of the total number of seats in the municipality
in addition to the number of seats reserved under sub-section (3) is
designated to the women. Such seats too may be allotted by rotation to
different wards of a municipality in such order as rendered by the prescribed
rules.

Duties of a municipality

Taking a look at the duties of a municipality as under section 7, it has to make

provisions for:

• Lighting public street and places;

• Watering public streets and places;

• Cleaning public sheets, places and drains;

• Removing noxious vegetation;

• Working towards diminishing all public nuisances;

• Regulation of offensive, dangerous or obnoxious trades and practices;

• Discarding every obstruction and projection in streets or public places on

the basis of public safety, health or convenience;

• Securing or removing dangerous buildings or places;

• Acquiring, maintaining, changing, and regulating places for the disposal of

the dead;

• Building, modifying and developing the public streets, drainage system,

sewerage works, urinals, markets, culverts etc;
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• Restoring unhealthy localities and planting trees on roads and public places.
Also providing water supply for domestic and commercial purposes;

Provision of supplying pure and wholesome water where the health of the
inhabitants is questionable and endangered because of the insufficient and
unwholesomeness of the existing supply of water, guarding it from water
pollution as used for human consumption. It also maintains any source of
water supply along with public wells, keeping it fit for human consumption;

• Registering births and deaths;

• Maintaining a system of public vaccination;

• Establishing, sustaining and supporting public hospitals, dispensaries, and

also providing for public medical relief;

Construction and maintenance of parking lots, bus stops and public

conveniences;

• Promoting urban forestry and ecological aspects and protection of the

environment;

• Protecting interests of weaker sections of society including the handicapped

and Construction and maintenance of parking lots, bus stops and public
conveniences;

• Promoting urban forestry and ecological aspects and protection of the

environment;

• Protecting interests of weaker sections of society including the handicapped

and mentally retarded;

• Constructing and maintaining cattle pounds and preventing cruelty to

animals;

• Improvement and upgradation of slum areas and alleviation; promoting

urban poverty

• Establishing schools; and and maintaining primary

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• Rendering assistance in extinguishing fires and protecting life and property

when fires occur.

Altogether these are some of the specified functions which are seen to be
covering most aspects of proper administration of a place. It not only mentions
provisions for constructing and establishing public roads, grounds, cattle
pounds, schools, forests and so on, it also focuses upon the importance of
protecting, improving, maintaining and upgrading them as well.

Section 8 further lays its discretionary functions:

1) A municipality can make provision within its limits and with authorization
beyond it as well, for:

• Building new public streets. They could acquire land for constructing
buildings to be adjacent to such streets;

• The establishment of libraries, museums, rescue homes for women, halls,

offices, dharamshalas, dairies, wells, tanks etc;

• Having progressive educational objectives;

• Keeping sanctioning account of census, and rewards for information

essential for securing correct and vital statistics; and

• Promoting or guaranteeing tramways, railroads and other means of

travelling along with electric or gas lighting or electric or gas power works.

These are some of the functions laid by the Act which is followed by a sub-
section 2 which further allows a municipality to make provisions for allowing
extension beyond the municipality's limits under the benefits of any
municipal undertaking given that no provisions could be made to extend
benefits of such an undertaking for supplying water to particular local areas
consisting of the whole or a part of a cantonment without the previous
sanction of the Central government.

Elections
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Keeping aside the provisions under Section 31-A, the state government along
with the State Election Commission could appoint dates for general election
under the superintendence and control of the State Election Commission. To
be a member of the municipality a person has to qualify as an elector for any
of the wards constituted by the municipality. He/ she has to be twenty-one
years old. This Act contains several grounds of disqualification laid under
section 13D out of which few are:

1. Servant of a local authority;

2. Did hold an office under the Central or any of the State governments and
had been dismissed for corruption or treachery unless a period of six years
had elapsed since such a dismissal;

3. The person could also be disqualified for being debarred from legal practice
by an order from prescribed authority;

4. Undischarged insolvent; or

5. Convicted of a punishable offence under Section 171-E or Section 17-F of

the Indian Penal Code, 1860.

Section 13 E provider for the 'Right to Vote.' No person except as provided by

this Act, who is for the time being entered in the electoral roll of any ward
shall be entitled to vote in that ward. If a person is subjected to any of the
disqualifications then he/she cannot vote in the elections at any ward.

No person is allowed to vote in more than one ward and if this occurs then
that vote is considered to be void. Also no person shall at any election vote in
the same ward more than once. Nothing in this subsection shall apply to a
person subject to preventive detention under any law for that time being.

Taxation

Taxes to be imposed subject to the provisions of Article 285 of the Constitution

are mentioned under Section 128 sub-section 1 of this Act. Namely, taxes on
the annual value of buildings or lands or both, a water tax on the annual
value of buildings or lands or both; a drainage tax on the annual value of
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buildings leviable 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;
a conservancy tax for the collection, removal and disposal of polluted matter
from urinals and cesspools. It was observed in the case of 'Gappumal
Kanhaiya Lal vs Commissioner Of Income-Tax(1944) [2]', the tax referred to
in the case as house-tax was as per Section 128(1)(i), U.P. Municipalities Act,
1916, where it is mentioned as a tax on the annual value of buildings or lands
or of both. The water-tax is imposed under the same section, where it is
described as a water-tax on the annual value of buildings or of lands or of
both. It is clear, therefore, these were statutory charges upon the property of
the assessee to secure the payment of house and water-tax by it. According
to the tribunal these charges were inchoate and contingent because as they
might or might not have risen, if it did, it would arise out of the assessee's
own default

Process of execution against property outside municipal area

If the defaulter does not have sufficient movable property inside the premises
of the municipal area then, the District Magistrate on the notice of the
municipality may issue his warrant to an officer of his Court, for the distress
and sale of any movable property belonging to the defaulter within the
jurisdiction of the Magistrate, or within the jurisdiction of any other
Magistrate exercising jurisdiction in Uttar Pradesh. As per sub-section (2), if
in the case under clause (b) of sub-section (1), the other Magistrate shall
approve a warrant so issued and get it executed, and any amount recovered
to be remitted to the Magistrate issuing the warrant, who shall remit the same
to the Municipality. Further section 173A talks of recovery of taxes as arrears
of land revenue.

Outline the provisions related to the sanitation and the prevention of

diseases

By section 267 a municipality can close, remove, alter, cleanse, disinfect or

put in good order any latrine, urinal, water-closet, drain, cesspool, dust-bin
or other receptacle for filth, sullage-water, rubbish or refuse pertaining to
such land or building, or to remove or alter any door or trap-door of any such
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latrine, urinal or water-closet which opens on to a street or drain; also to shut

off any latrine, urinal or water-closet provided for the building or land from
the view of persons passing by or dwelling in the neighbourhood.

By section 276 a penalty has been imposed for discharging or allowing water
of a sink, sewer or cesspool or any polluted matter to flow, drain or flood, a
public street or place, or into a sewer to drain without the permission in
writing or infringing prescribed conditions, the owner or occupier of that land
from where it flows is liable upon conviction, to a fine which may extend to
two hundred and fifty rupees. Under section 283, by notice the owner or
occupier of a land can be asked to remove vegetation from their land which
could be harmful, injurious and offensive to the neighborhood.

Section 279 talks of penalty for failure to give information of cholera, small-
pox, etc, especially for a medical practitioner who in course of such practice
becoming aware of the existence of cholera, plague, small-pox or other
infectious disease dwelling in a municipal area other than a public hospital,
or by default of such medical practitioner, being the owner of such dwelling,
of any such infectious disease if fails to give or gives false information to the
competent authority, shall be liable upon conviction to a fine which may
extend to fifty rupees. While section 281 prescribes a penalty for whoever
while infected with an infectious disorder, offers for food, drink medicine or
drug for human consumption. If that person wilfully comes in contact with
any such article which is exposed for sale and if he/she takes any part in the
business of washing or carrying soiled clothes, shall be liable if convicted to
pay a fine which may extend to fifty rupees. Along with these provisions there
are several others to promote sanitation and prevent diseases

Rent charge

When a person has a rent due on account for a land entrusted to management
of a municipality may require the Collector to retrieve such rent more like it
was considered to be dues of land revenue as the Collector may deem it to be
fit. Section 293 allows the municipality to charge fees fixed by bye-laws,
agreement and public auction for the use of an immovable property endowed
to the management of the municipality which would also include any public
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place that it allowed to be used. Section 294 also allows the municipality to
charge a fee fixed by a bye-law for any type of requiring permission for a grant
by or under the Act. With the prior assent of the State government, a
municipality can also impose a fee for use of a public place to which everyone
has an access and also from an aspect of which it has to provide with
sanitation and other facilities to the public under section 293 Α.

In the case of 'Mohd. Yasin v. Town Area Committee, Jalalabad (1952)

the respondent had framed bye-laws which conferred all rights to charge a
commission on the petitioner, a wholesale vegetables and fruit seller's sale
within the limits of the town. The Committee, respondent, by auction, gave
the contract of collecting commission to Bhishamber, who had never dealt
with vegetables and fruits. The bye-laws which required the wholesale dealers
to pay the fee to the contractor who had a monopoly would result in
prohibition of business. The petitioner challenged this action of the
respondent.

The Apex Court in the judgment had held that under Article 19(1)(g), citizens
had the right to carry on any occupation and business. It was held that if the
license fee could not be justified on the basis of a valid law then no one could
question the reasonableness of it. The Apex Court also held that Section 293
and Section 298 of the U.P. Municipality Act, 1916 did not confer any power
on the Town Area Committee for making bye-laws authorizing the charging of
fees other than that used for or vested in Town Area Committee's
management. The decision was for the petitioner and Mohd. Yasin was
entitled to succeed.

Provisions of making bye-laws

Section 298 signifies the power of the municipality under special resolution if
required by the state government to make bye-laws applicable to the whole or
part of the area to maintain health and safety of the inhabitants and also to
look after the municipal administration. This Act lays two lists of bye-laws
with regards to broader heads like for example buildings, markets, slaughter
houses, public safety etc. As specified under section 298 sub-section (2), the
municipality may have the power of making bye-laws mentioned under list I
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and could further exercise the power and make bye-laws as mentioned under
list II as well.

Breach of bye-laws made with the sanction of the state government shall incur
a punishment of paying a fine which may extend to one thousand rupees.
Continuation of breach may add up to a fine extending to twenty five rupees
for everyday after the first conviction. Bye-laws are also subjected to the
prerequisite of bye-laws being made after previous publication, put forth by
section 301. Section 301 A equips the state government with the power of
modifying or repealing bye-laws, wholly or partly subjected to the condition of
the state government having to highlight their reasons for such an opinion
and communicating it to the municipality and giving them reasonable time to
come up with representation with regard to this as deemed fit by them.

Conclusion:

Through years, subordinate legislation has proved to be an extremely crucial

part of lessening the burden of the legislature and facilitating a well planned
and efficiently functioning welfare state. Democratic decentralization has
allowed the augmentation of local autonomy by delegating functions, powers
and authority from the central government to the regional councils and local
authorities.

During the colonial era whereas Lord Mayo's resolution till today is held to be
the first step of the British government towards initiating a system of local
self-government. Lord Ripon's resolution of 1882 is truly the Magna Carta of
local self-government in India. It prescribed representatives of the Urban
Municipal local bodies of non-bureaucrat members having the strength of two
for a period of two years. The resolution also recommended a two-tier local
government system. Ripon's resolution led to several provinces enacting the
two-tier local body between 1883 and 1885 period.

Uttar Pradesh over the years has seen several Acts being enacted and along
with time every Act has been amended to suit the flow of the current changing
scenarios. The U.P Nagar Palika (Municipalities) Act, 1916 had been renamed
as U.P. Nagar Palika Act, 1916 whereas the U.P. Town Area Act, 1914 got
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repealed. With the U.P. Municipal Corporation Act, 1959, U.P. Nagar Nigam
Act, 1959. The Uttar Pradesh Municipalities (Amendment) Act, 1964 and so
on, every Act came up with new provisions or amended the older ones to suit
and cope up with changing times to effectuate better working of the urban
local self-government. For instance, the U.P. Planning and Development Act,
1973 introduced the setting up of Development authorities whereas, the U.P.
Water Supply and Sewer System Act, 1975, created Jal Sansthans. The Uttar
Pradesh (Amendment) Act, 1964 further laid a detailed study of the Act
substituting the definitions with detailed study to cover any sort of loopholes
and provide efficient administration. The Uttar Pradesh Local Self
Government Laws (Amendment) Act, 1994 has considerable importance as it
was renamed the U.P. Nagar Mahapalika Act, 1959 and U.P. Nagar Palika
Municipalities Act, 1916 to U.P. Nagar Nigam Act, 1959 and U.P. Nagar Palika
Act, 1916 respectively, it made elections necessary, substituted 5 categories
of urban local bodies to just 3, gave the government the power to dissolve a
municipality for misconduct, introduced reservations and gave a considerable
position to women.