1. Short title and commencement. 2. Application of the Act. 3. Definition. 4. Obligation of municipality. 5. Manner of disclosure. 6. Power to make rules.

Act No. 24 of 2010

JK089

[Received the assent of Governor on 23rd October, 2010 and published in the Government Gazette dated 25th October, 2010.]An Act to provide for transparency and accountability in the functioning of municipalities in the State.Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-first Year of Republic of India as follows : -1. Short title and commencement. - (1) This Act may be called the Jammu and Kashmir Municipalities Public Disclosure Act, 2010.(2) It shall come into force on such date as may be notified by the Government in the Government Gazette.2. Application of the Act. - This Act shall apply to all municipalities constituted under the Jammu and Kashmir Municipal Corporation Act, 2000 and the Jammu and Kashmir Municipal Act, 2000, as the case may be.3. Definition. - In this Act, unless the context otherwise requires, -

(a) 'municipality' means a Municipal Corporation, a Municipal Committee or a Municipal Council constituted under the Jammu and Kashmir Municipal Corporation Act, 2000 or the Jammu and Kashmir Municipal Act, 2000, as the case may be.

(b) 'Schedule' means schedule appended with this Act.

4. Obligation of municipality. - Every municipality shall maintain and publish at quarterly intervals all its records duly catalogued and indexed in a manner and form which enables the municipality to disclose the information specified in Part-A and Part-B of Schedule to this Act.5. Manner of disclosure. - The manner of disclosure of information required under section 4 shall include the publication of such information through -

(a) newspapers ;

(b) internet; or

6. Power to make rules. - The Government may, by notification in the Government Gazette, make rules for carrying out the provisions of this Act.

Schedule

Part-A

1. Particulars of the Municipality;2. A statement of the councils/committees and other bodies consisting of two or more persons constituted for the purpose of its advice, and as to whether meetings of those councils/committees and other bodies are open to the public or the minutes of such meetings are accessible to public;3. A directory of its officers and employees ;4. The particulars of officers who grant concessions, permits or authorization for each activity.

Part-B

1. Audited financial statements of balance sheets, receipts and expenditures, and cash flow on a quarterly basis, within two months of the end of each quarter and statutorily audited financial statements for the full financial year, within three months of the end of the financial year ;2. The service level being provided for each of the services being undertaken by the municipality;3. Particulars of all plans, proposed expenditures, actual expenditures on major services provided or activities performed and reports on disbursements made;4. Details of subsidies and programmes on major services provided or activities performed by the municipality and manner and criteria of identification of beneficiaries for such programmes;5. Particulars of the Master Plan, City Development Plan or any other plan concerning the development of the municipal area;6. Particulars of major works as may be defined in the rules to be made under the Act, together with information on the value of works, time of completion and details of contract;7. The details of the municipal funds i. e., income generated in the previous year by the following :—

(a) taxes, duties, cess and surcharge, rent from the properties, fees from licenses and permissions ;

(b) taxes, duties, cess and surcharge, rent from the properties, fees from licences and permission that remain uncollected and the reasons thereof ;

(d) grants released by the Government for implementation of the schemes, projects and plans assigned or entrusted to the municipality and the nature and extent of utilization;

(e) money raised through donation or contribution from public or non-governmental agencies.

8. Any other information required to be made public by the rules made under this Act.