SRINAGAR: The Jammu and Kashmir government has issued two notifications under Section 427 of the Jammu and Kashmir Municipal Corporation Act, 2000, appointing the Commissioners of Jammu Municipal Corporation (JMC) and Srinagar Municipal Corporation (SMC) as Administrators of the respective corporations after expiry of the terms of elected representatives, while also empowering itself to amend the Jammu and Kashmir Unified Building Bye-laws, 2021.
The notifications were issued by the Housing and Urban Development Department.
In the first notification, the government referred to Section 427 of the Jammu and Kashmir Municipal Corporation Act, 2000, which empowers the government to remove difficulties arising in giving effect to provisions of the Act or any other enactment in force. The provision allows the government, by order, to direct that the Act shall have effect subject to adaptations through modification, addition or omission as may be necessary, provided such orders do not extend beyond two years.
The notification also referred to Sections 395 and 397 of the Municipal Corporation Act dealing with powers of corporations to frame bye-laws and conditions governing such bye-laws. Section 395 empowers corporations to frame bye-laws relating to water supply, drainage and sewerage, streets, buildings, sanitation and public health, public safety and suppression of nuisances, markets, slaughter houses, trades and occupations, improvements and miscellaneous matters, subject to provisions of the Act and rules framed under it.
Section 397 provides that any power to frame bye-laws is subject to previous publication and approval by the government before coming into force and also empowers the government to make changes in a bye-law or cancel an approved bye-law after prior publication of intention.
The government said Srinagar and Jammu Municipal Corporations had already notified the Jammu and Kashmir Unified Building Bye-laws, 2021 with approval of the government, but there was an urgent need to amend the bye-laws to make them “more people friendly” and ensure they serve the purpose for which they had been notified.
It further stated that the terms of Municipal Corporations, Srinagar and Jammu, had expired and “as on today there no authority to exercise powers of these corporations.” The absence of elected corporations, the notification said, had created difficulty in taking necessary steps for amendment of the bye-laws.
Invoking powers under Section 427, the government ordered that the notification shall be called the “Jammu and Kashmir Municipal Corporation (Removal of Difficulties) Order, 2026.” It said the order shall come into force immediately and remain in force for two years or till revoked by the government, whichever is earlier.
The government further ordered that difficulties arising on account of expiry of terms of Srinagar and Jammu Municipal Corporations in giving effect to Sections 395 and 397 were being removed by authorising the government to amend the Jammu and Kashmir Unified Building Bye-laws, 2021 issued under the said provisions. It added that any amendment made or action taken by the government after expiry of the corporations’ terms “shall be deemed to have been issued by the Corporations itself.”
The notification, however, stated that such powers exercised by the government would remain subject to ratification by the Municipal Corporations subsequently.
In the second notification, the government again invoked Section 427 of the Jammu and Kashmir Municipal Corporation Act, 2000, and also referred to Section 5 of the Act relating to duration of the Corporation. Section 5 states that a Corporation, unless dissolved earlier under Section 404 of the Act, shall continue for five years from the date appointed for its first meeting.
The section further provides that elections to constitute a Corporation shall be completed before expiry of its five-year term or within six months from the date of dissolution. However, where the remaining period of a dissolved Corporation is less than six months, holding elections is not necessary for such period. It also states that the first election to a Corporation constituted after commencement of the Act shall be held within two years of its constitution.
The government said the terms of elected representatives of Srinagar Municipal Corporation and Jammu Municipal Corporation had expired and “as on today there is no authority to exercise powers of these Corporations.” It added that difficulties had arisen in implementing provisions of the Act for smooth administration and better delivery of services to the public at large.
Consequently, the government ordered appointment of Commissioners of Jammu Municipal Corporation and Srinagar Municipal Corporation as Administrators of the respective corporations for a period of two years or until establishment of the Corporations, whichever is earlier. The Administrators, the order said, shall exercise the functions and duties of the Corporations as provided under the Act.
The order has been deemed to have come into force with effect from November 30, 2025 and shall remain in force for two years or till revoked by the government, whichever is earlier.
