Jammu, May 07: LG Manoj Sinha authorized Govt to amend Building Bye Laws along with other Bye Laws, details with CTN read as under:-
NOTIFICATION SRINAGAR, 7th May, 2026 S.0. 133:_
WHEREAS, section 427 of the Jammu and Kashmir Municipal Corporation Act, 2000, provides as under:-
"427. Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act or by reasons of anything contained in this Act to any other enactment for the time being in force, the Government may, as occasion requires, by order direct that this Act shall during such period as many be specified in the order but not extending beyond the expiry of two years from the commencement orders have effect subject to such adaptations whether by way of modification addition or omission as it may deem to be necessary and expedient."
WHEREAS, section 395 read with 397 of the Jammu and Kashmir Municipal Corporation Act, 2000 provides for powers of the Corporation to make Bye laws, subject to the approval of the Government. These provisions provide as under:
le "395. Powers to make bye-laws.- Subject to the provisions of this Act and the rules made there under, the Corporation may in addition to any bye-laws which it is empowered to make under any other provision of this Act make bye-laws to provide for all or any of the following matters, namely:-
A. Bye-laws relating to water supply B. Bye-laws relating to drainage and sewerage C. Bye-laws relating to streets D. Bye-laws relating to building E. Bye-laws relating to sanitation and public health F. Bye-laws relating to public safety and suppression of nuisances G. Bye-laws relating to markets, slaughter houses, trades and occupations H. Bye-laws relating to improvement
I. Bye-laws relating to miscellaneous matters "397. Supplemental provisions respecting bye-laws.- (1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and their not taking effect until they have been approved by the Government and published in the Government Gazette.
(2) The Government in approving a bye-law may make any change therein which appears to it to be necessary.
(3) The Government may, after previous publication of its intention, cancel any bye-laws which it has approved and thereupon the byelaw shall cease to have effect.
WHEREAS, the Municipal Corporations, Srinagar/Jammu with the approval of the Government have already notified the Jammu and Kashmir Unified Building Bye laws, 2021. There is an urgency to amend said bye laws to make them more people friendly and to ensure that these bye laws serve the purpose for which these have been notified.
The term of Municipal Corporations, Srinagar/Jammu stands expired and as on today there no authority to exercise powers of these corporations.
As such, in absence of elected Municipal Corporations a difficulty has arisen for taking appropriate necessary steps for amending the said bye-laws.
NOW THEREFORE, in exercise of the powers conferred under section 427 of the Jammu and Kashmir Municipal Corporation Act. 2000, the Government hereby makes the following order; namely: -
1. Short title and commencement:- (1) This order may be called the Jammu and Kashmir Municipal Corporation (Removal of Difficulties) Order, 2026.
(2) It shall come into force immediately and shall remain in force for a period of two years or till it is revoked by the Government, whichever is earlier.
2. Removal of Difficulties:- The difficulties arisen on account of expiry of the term of Municipal Corporations i.e. Srinagar Municipal Corporation and Jammu Municipal Corporation and in giving effect to section 395 and section 397 of the Jammu and Kashmir Municipal Corporation Act, 2000 are hereby removed by authorizing the Government to amend the Jammu and Kashmir Unified Building Bye-laws, 2021 issued in terms of section 395 or section 397 of the ibid Act from the time, the term of Municipal Corporations has expired and any amendment made or any action taken by the Government after the expiry of the term of the aforesaid Corporations shall be deemed to have been issued by the Corporations itself.
This power is to be exercised subject to ratification by the Municipal Corporations subsequently.
By Order of the Government of Jammu and Kashmir.
No. HUD-LSG0JMC/21/2026 (E-7744876)
Sd/- (Mandeep Kaur) IAS Commissioner/Secretary to the Government
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