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--25/2016-73/-- -21/10/2021 , 2021 348 (3) The Municipal (Amendment) Act, 2021 (Jharkhand Act No. 09, 2021)
An Act to amend Jharkhand Municipal Act, 2011 be it enacted in the 72nd year of Republic of India, by Jharkhand State Legislature as follows:-
1. Short title, extent and commencement-
(1) This Act may be called the Jharkhand Municipal (Amendment) Act, 2021.
(2) It shall extend to the whole of the State of Jharkhand.
( 5(3) It shall come into force from the date of publication in the official gazette/e-gazette.
2. Following amendments shall be made in the Jharkhand Municipal Act, 2011 hereinafter referred as the Principal Act:-
(i) Sub-section 21A, 102 and 103 of Section 2 of Chapter 1 of the Principal Act shall be omitted.
(ii) Sub-section 26(6) of Chapter 4 of the Principal Act shall be omitted.
(iii) Title and Section 28 of Chapter 4 of the Principal Act shall be substituted as follows:
Section-28 "Election of Deputy Mayor and Vice-Chairperson"-
"The elected councillors shall in a meeting of the council elect in accordance with such procedure as may be prescribed by the State Government one from amongst themselves to be the Deputy Mayor or the Vice-Chairperson, as the case may be, who shall assume office forthwith after taking the oath of secrecy." (iv) The word 'Deputy Mayor' refered to in sub-section 2(a) of section-29 of the Principal Act and the word 'Vice-Chairperson' refered to in sub-section 2(b) of section-29 shall be omitted.
(v) Sub-section 2(c) and sub section 2(d) shall be inserted after sub-section 2 (b) of section 29 of Chapter-4 of the Principal Act as follows:
"2(c) in the case of Deputy Mayor, by the Mayor, and
2(d) in the case of Vice Chairperson, by the Chairperson."
(vi) Title and Sub-section 1 and 2 of Section 95 of Chapter 10 of the Principal Act shall be substituted as follows:
"Power of State Government to remove Mayor and Chairperson :"
(1) "If in the opinion of the State Government, the Mayor or the Chairperson absents himself without sufficient cause for more than three consecutive meetings of the Council or willfully omits or refuses to perform their functions and duties under this Act, or is found to be guilty of misconduct in the discharge of their duties or becomes physically or mentally incapacitated for performing his duties or is absconder, being an accused in a criminal case for more than six months, the State Government may, after giving the Mayor or the Chairperson a reasonable opportunity for explanation, by order, remove him from office. "
(2) "The Mayor or the Chairperson so removed shall not be eligible for re- election as Mayor or the Chairperson during the remaining term of office." (vii) Sub-section 104 of Section 2 of Chapter 1 of the Principal Act shall be read as Sub-section 102 after the enactment of this Act.
(viii) In Section 152 of the Principal Act, a new sub-section(11) shall be inserted as follows:
6 ("(11) As per Jharkhand Stamp(Prevention of undervaluation of instruments)(Amendment) Rules 2012, sub-rule (2),(3),(4),(5) and (6) of Rule-6, Capital value means the minimum price of the land or building determined by the District under Registrar prevailing on the first April of the respective financial year"
(ix) Sub-section (4) and (5) of Section 152 of the Principal Act shall be omitted.
(x) Sub-section(6) of Section 152 of the Principal Act shall be substituted as follows: "For calculation of capital value of Holding, built up area shall be considered".
(xi) Clause (e) and (g) of sub-section (1) and sub-section (7) ,(8) and (9) of Section 152 of the Principal Act shall be omitted.
(xii) In Title of Chapter 19 of the Principal Act, the word "tax" shall be substituted by the word "fees"
(xiii) In sub- section (1),(2) and (3) of Section 173 of the Principal Act, the word "tax" shall be substituted by the word "fees".
(xiv) In sub-section (1) of Section 184 of the Principal Act, a new clause (g) shall be inserted as follows:
"(g) suspension of civil amenities provided by ULB temporarily/permanently".
(xv) Clause (a) of sub-section (1) of Section 187 of the Principal Act shall be omitted.
(xvi) In Schedule to the Principal Act, a new serial number (198) shall be inserted after serial number (197) as follows: "(198) Others"
(xvii) Proviso of sub-section (4) of Section 455 of the Principal Act "Provided that no such fees shall exceed two thousand and five hundred rupees in any case." shall be omitted:
(xviii) Words "tax" used at all places in Section 602 of the Principal Act, shall be substituted by the word "fees".
,