The Government of Jharkhand on October 29, 2021 has issued the Jharkhand Municipal (Amendment) Act, 2021 to amend the Jharkhand Municipal Act, 2011.
The Following amendments have been made:
• In Section-28 which specifies "Election of Deputy Mayor and Vice-Chairperson" has been substituted, namely:
"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."
• In section 29, which specifies Oath of secrecy to be taken by Mayor, Chairperson, Deputy Mayor and Vice Chairperson, sub-section 2(c) and 2(d) has been inserted, namely:
"2(c) in the case of Deputy Mayor, by the Mayor , and
2(d) in the case of Vice Chairperson, by the Chairperson."
• Section 95, which specifies Power of State Government to remove Mayor and Chairperson has been substituted, namely:
“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 wilfully 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."
• In section 152, which specifies Power to levy taxes, sub-section (11) has been Inserted, namely:
“(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”
• In section 152, which specifies Power to levy taxes, sub-section (4) & (5) has been omitted.
• In section 152, which specifies Power to levy taxes, sub-section (6) has been substituted, namely:
“For calculation of capital value of Holding, built up area shall be considered”
• In section 184, Regulations regarding payment and recovery of tax, in sub-section (1) clause G has been inserted, namely:
“(g) suspension of civil amenities provided by ULB temporarily/permanently”.
[Jharkhand Act No. 09, 2021]
