OBLIGATORY AND DISCRETIONARY FUNCTIONS OF MUNICIPAL COUNCILS :-
Obligatory functions of municipal councils: - It shall be incumbent on every municipal council to make adequate provision by any means or resources which it may lawfully use of take for each of the following matters within the [municipal area], namely: -
(a) Lighting public streets, places and building.
(b) Watering public streets and places.
(c) Cleaning public streets, places and sewers, and all spaces not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the municipal council or not, removing noxious vegetation and abating all public nuisances.
(d) Extinguishing fires and protecting life and property when fires occur.
(e) Regulating or abating offensive or dangerous trades or practices.
(f) Removing obstructions and projections in public streets, bridges, and other public places, and in spaces not being private property, which are open to the enjoyment of the public, whether such spaces are vested in the municipal council or belong to the Government.
(g) Securing or removing dangerous buildings or places and reclaiming unhealthy localities.
(h) Acquiring and maintaining, changing and regulating places for the disposal of the dead.
(i) Constructing, altering and maintaining public streets, culverts, municipal boundary marks, markets [including separate and suitable place for vending vegetables] slaughter houses, latrines, privies, urinals, drains, sewers, drainage works, sewage works, baths, washing places, drinking fountains, tanks, wells, dams and the like.
(j) Obtaining supply of or an additional supply of water proper and sufficient for preventing danger to the health of the inhabitants form the sufficiency or unwholesomeness of the existing supply, when such supply or additional supply can be obtaining at a reasonable cost.
(k) Naming streets and numbering houses.
(l) Registering births and death.
(m) Public vaccination.
(n) Providing suitable accommodation for claves, cows, or buffaloes required within the [municipal for the supply of animal lymph.
(o) Maintaining schools for pre-primary education.
(p) Arranging for the destruction or the detention and preservation of such dogs with the [municipal area] as may be dealt with under the law in force relating to police or under Section 222 of this Act.
(q) Providing facilities for anti-rabic treatment within or outside the municipal limits.
(r) Providing covered metallic receptacles and covered metallic receptacles mounted on wheels for use by servants employed by the municipal council for the removal of night-soil and rubbish and disposing of night-soil and rubbish and, if so required by the Government, preparation of compost manure form such night-soil and rubbish. Explanation: In this clause, "rubbish" includes dust, ashes, broken bricks, mortar, sewage, dung, dirt, [decomposed] substances and refuse of any kind.
(s) Providing accommodation for municipal sweepers and scavengers and granting of loans to such sweepers and scavengers for construction of houses, subject to rules prescribed in this behalf.
(t) Printing such annual reports on the municipal council to submit.
(u) Paying the salary and the contingent expenditure on account of such police or guards as may be required by the municipal council for the purpose of this Act or for the protection as may be required by the Government under the law in force relating to police. a. Vital statistics including registration of births and deaths. b. Regulation or tanneries.
(v) Maintenance of up-to-date record of all buildings and sites within the [municipal area] and
(w) Planting and maintaining of roadside trees.
Special functions:- Subject to such reasonable and adequate provision as is mentioned in Section 87 being made, every municipal council shall make reasonable provision for the following special matter, namely.
(a) Providing special medical aid and accommodation for the sick in time of dangerous disease; and taking such measures as may be required to prevent the outbreak or suppress and prevent the recurrence of the disease.
(b) Giving relief to and establishing and maintaining relief works in times of famine or scarcity for destitute persons within the limits of the [municipal area].
Discretionary functions of municipal councils:- Every municipal council may, in its discretion, provide either wholly or in part for all or any of the following matters, namely.
(a) Laying out, whether in areas previously built upon or not new public streets and acquiring the land for the purpose, including the land requisite for the construction of building or cartilages thereof, to about on such street.
(b) Constructing, establishing or maintaining public parks, gardens, libraries, museums, mental hospitals, halls, offices, dharma Salas, choultries, musafirkhanas, rest-house, homes for the disabled and destitute persons and other public buildings.
(c) Providing for destitute women.
(d) Constructing and maintaining, where necessary, suitable sanitary houses for the habitation of the poor and granting loans for construction of such houses or for effecting necessary improvements connected therewith.
(e) Providing accommodation for any class of servants other than sweepers and scavengers employed by the municipal council or granting loans to such servants for construction of houses, subject to the rules prescribed in this behalf.
(f) Planting and maintaining roadside and other trees.
(g) Taking statistics and granting reward for information which may tend to secure the correct registration of vital statistics.
(h) Making a survey.
(i) Securing or assisting to secure suitable places for the carrying on of the offensive trades mentioned in Section 256.
(j) Supplying, constructing and maintaining receptacles, fittings, pipes and other appliances whatsoever on or for the use of private premises for receiving and conducting the sewage thereof into sewer under the control of the municipal council.
(k) Providing of music or other entertainments in public places or places of public resort.
(l) The promotion of public health or child welfare.
(m) Contribution towards any public funds for the relief of human suffering, within or without the [municipal area].
(n) By a resolution passed at a general meeting and supported by one-half of the total number of councillors and with the previous sanction of the Deputy Commissioner in the case of a town municipal council organizing any public reception, public ceremony, public entertainment or public exhibition within the [municipal area]. Provided that the expenditure on such reception, ceremony entertainment or exhibition shall not exceed such limits as may be generally or specially prescribed.
(o) The organization or maintenance during scarcity, of shops or stalls for the sale of necessaries of life.
(p) Housing and maintaining destitute orphans and destitute cripples.
(q) Subject to the provision of any law regulating the establishment or warehouses, constructing, establishing and maintaining warehouses.
(r) Establishment and maintaining of dairy farms and breeding studies.
(s) Provision of transport facilities within the [Municipal area].
(t) Maintenance of an ambulance service.
(u) Supply of water beyond the limits of the [Municipal area].
(v) The acquisition and maintenance of grazing grounds.
(w) Guaranteeing the payment of interest on money expended for the construction of a telephone line subject to the previous sanction of the Government when the line extends beyond the limits of the [Municipal area].
(x) Promoting the well-being of Municipal employees or any class of municipal employees and of their dependents.
(y) The construction, purchase, organization, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public.
(z) The construction, maintenance, repairs, purchase of any works for the supply of electrical energy.
(aa) Making contributions towards the construction, establishment or maintenance of educational institutions including libraries and museum, any hospital, dispensary or similar institution providing for public medical relief, or any other institution of a charitable nature.
(bb) Construction, maintenance and provision of public bathing houses.
(cc) Revival or promotion of cottage industries.
(dd) Improvement of cattle and live-stock including construction and maintenance of veterinary hospitals.
(ee) Maintenance of maternity homes and child welfare centers.
(ff) Maintenance of art galleries.
1. Slum improvement and up-gradation.
2. Urban forestry, protection of environment and promotion of ecological aspects.
3. Urban poverty alleviation.
4. Promotion of cultural, education and aesthetic aspects.
5. Promotion, formation, extension or assistance of co-operative societies and fund.
6. Any other matter not hereinbefore specifically named which is likely to promoted education or public health, safety or general welfare or convenience or the advancement of the economic condition of the inhabitants or which is necessary for carrying out the purpose of this Act, expenditure whereon is resolved by the municipal council by the votes of not less than two-thirds of the total number of councilors and with the approval of the total number of councilors and with the approval of the Government, to be an appropriate charge on the municipal.
Source: DMA, GoK.