Patna: The Bihar government has issued an ordinance amending the Bihar Municipal Act, 2007, introducing significant changes to the administrative powers and functioning of urban local bodies across the state.
The amendments cover municipal governance, advertisement regulations, building construction approvals and licensing of shops and other commercial establishments. The changes also seek to shift several approval and licensing processes to an online platform to reduce procedural hurdles for citizens and businesses.
Under the revised provisions, the Chief Councillor (Mukhya Parshad) or Mayor will head an empowered standing committee in which the executive powers of the municipality will be vested.
The Mayor will be required to convene the committee’s meetings twice a month, generally on the first and third Monday. If a meeting falls on a holiday, an alternative date may be fixed. In case the Mayor fails to convene a meeting, the Deputy Mayor will be responsible for doing so.
Mayor Gets Emergency Powers
The ordinance empowers the Mayor to order the immediate execution of essential work in emergency situations without waiting for prior approval from the municipal board or standing committee.
However, any such decision must be reported to the relevant committee or board within 15 days.
The Chief Municipal Officer (CMO) has been designated as the Chief Executive Officer of the municipal body. All municipal officials and employees will function under the CMO’s authority.
Advertisement Tax Replaced With Fee
The existing system of advertisement tax will be replaced by an advertisement fee. A new framework for licensing, regulation and monitoring will cover advertisements displayed on hoardings, banners, walls and other public spaces.
The change follows the shift in the taxation framework after the implementation of the Goods and Services Tax (GST).
The ordinance also introduces stricter penalties for violations. A fine of up to Rs 5 lakh may be imposed for breaches of structural, electrical, safety or maintenance standards relating to advertisements.
Displaying advertisements without paying the prescribed fee will attract a penalty of twice the fee amount in ordinary cases.
If the violation continues after a notice is issued, or a repeat violation occurs within 12 months, the penalty will increase to three times the prescribed fee.
A penalty equivalent to five times the fee will apply if an advertisement obstructs public safety infrastructure, traffic, drainage, fire safety or disaster management, or interferes with municipal operations.
Building Plan Approvals To Move Online
The ordinance also seeks to simplify the approval process for building construction plans.
Building plans may receive automatic approval or be cleared by the competent authority, depending on the applicable provisions.
Empanelled architects will be required to operate through a government online portal and ensure that all necessary technical clearances and No Objection Certificates (NOCs) have been obtained.
The move is intended to streamline the approval process while ensuring compliance with the prescribed technical requirements.
Online Licensing For Shops And Commercial Establishments
Licensing of shops and other non-residential establishments will also be facilitated through an online system.
Under the revised provisions, failure to pay the prescribed licence fee within the stipulated period will attract a penalty of up to 1% per month. The total penalty, however, cannot exceed the annual licence fee.
The changes are aimed at making municipal administration more accountable while reducing procedural delays for citizens and business owners.
The state government and individual municipalities will now need to frame the necessary rules and regulations to ensure the effective implementation of the amended provisions.
