Bare Acts Live

The Chhattisgarh Municipal Corporation Act, 1956

(C.G. Act No. 23 of 1956)

Last Updated 7th November, 2019 [cg102]

Part-I

Chapter I

Preliminary

(1) All debts and obligations incurred, all contracts entered into with, and all matters and things engaged to be done by, or for, the municipality of such city before this Act is made applicable shall be deemed to have been incurred, entered into with, or engaged to be done by, or for, the Corporation constituted under this Act.

(2) Every appointment, rule, bye-law, form, notification, notice, tax, scheme, order, licence or permission made, issued, imposed, sanctioned or given under the Municipal Law, shall, so far as it relates to the municipality of such city and so far as it is in force at the time of the application of, and is not inconsistent with, this Act, be deemed to have been made, issued, imposed, sanctioned or given under the provisions of this Act, and shall unless previously altered, modified, cancelled, suspended, surrendered or withdrawn, as the ease may be, under this Act remain in force for the period, if any, for which it was so made, issued, imposed, sanctioned or given.

(3) All rates, taxes and sums of money due to the Municipalities of such city when this Act is made applicable shall be deemed to be due to the Corporation.

(4) All suits Or other legal proceedings, civil or criminal, instituted by or against the municipality of such city may be continued by or against the Corporation.

(1) "Administrator" means a person or committee of persons appointed by the Government under the Act to exercise the powers and perform the duties of the Corporation.

(2) "assessment list" means any municipal assessment register prescribed by Section 151 and includes any register subsidiary thereto;

(3) "auditor" means an auditor appointed by the Government under Section 129;

(4) "bakery" means any place in which bread or confectionery including biscuits is baked, cooked or prepared in any manner whatsoever for the purposes of profit or sale;

[(4-a) "Balance Sheet" means the balance sheet prepared under sub-section (4) of Section 128;]

(5) "Brothel" means any house, room or place, or any part thereof, occupied or let or intended to be occupied or let as a single tenement which is habitually used by one or more than one woman for the purpose of prostitution;

(6) "budget grant" means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by bye-laws and adopted by the Corporation and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and bye-laws;

(7) "building" includes a house, outhouse, stable shed, hut and other enclosure or structure whether of masonary, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls, and fencing and the like but does not include a tent or a temporary shed erected on ceremonial or festive occasions;

(8) "building line" means a line beyond which the outer face or any part of an external wall of a building should not project in the direction of any street existing or proposed:

(9) "cesspool" includes a settlement tank or other tank for the reception and disposal of foul matter from building;

(10) "City" means a larger urban area as the Governor may by public notification specify in accordance with the provisions laid down in sub-section (2) of Section 7 of this Act.

[(10-a) "Collector" means the District Collector appointed by the State Government under Section 16 of Chhattisgarh Land Revenue Code, 1959.]

[(10-b) "Colonization" means indulging, directly or indirectly, in activities aimed towards the establishment of a colony by developing lands including agricultural land by dividing the land into plots, for transfer of such plots to persons intending to construct thereon residential or non-residential or composite buildings.

(11) "Commissioner" means the Municipal Commissioner for the city appointed under Section 54 and includes an acting Commissioner appointed under sub-section (2) of Section 57 and any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Commissioner to the extent to which such officer is so empowered;

(12) "closet accommodation" means a receptacle for human excreta, together with the structure comprising such receptacle and the fittings and apparatus connected therewith;

(13) "Corporation" means the Municipality of a larger urban area,

(14) "Councillor" means any person who is legally a member of the Corporation;

(15) "dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese curds or dried or condensed milk for sale, and in the case of a dairy-man who does not occupy any place for the sale of milk, including the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only;

(16) "dairy man" includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of which is offered or intended to be offered for sale for human consumption and any purveyor of milk and any occupier of a dairy;

(17) "dairy produce" includes milk, butter, ghee, curd, butter-milk, cheese and every product of milk;

(18) "dangerous disease" means cholera, plague, small-pox, tuberculosis cerebro-spinal meningitis and diphtheria, leprosy, other than leucoderma, and any other disease which the Corporation may, by public notice, declare to be a dangerous disease for the purposes of this Act;

[(18-a) "Director" means the Director of Urban Administration and Development, appointed by the State Government;]

(18-b) "District" means a district as construed in the Chhattisgarh Land Revenue Code, 1959;

(19) "District Court" means the District Court constituted for the district in which the city is included;

[(19-a) "Divisional Commissioner" means the Divisional Commissioner appointed by the State Government under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959).]

(20) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel, and any cistern flush, tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water, sullage, waste water, rainwater or sub-soil water and any culvert, ventilation, shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place;

(21) "drug" means any substance used as medicine or in the composition or preparation of medicines whether for internal or external use;

(22) "eating house" means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises;

[(22-a) "Economically Weaker Section" means the group of persons so specified by the State Government from time to time.]

(23) the expression "to erect or re-erect a building" means and includes-

(a) newly to erect a building on any site whether previously built upon or not;

(b) any material alteration or enlargement of any building;

(c) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation;

(d) conversion into more than one dwelling house a building originally constructed as one dwelling house only;

(e) the conversion by structural alteration of one or more places of human habitation or tenements into a greater or lesser number of such places or tenements;

(f) any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability;

(g) the addition of any rooms, buildings, outhouses, or other structure to a building;

(h) the reconstruction of the whole or any part of the external walls of a building or the renewal of the posts of wooden buildings;

(i) conversion by a structural alteration two or more tenements in a building into a greater or lesser number;

(j) any building of which more than one half of the cubical contents of the building above the level of the plinth have been pulled down, burnt or destroyed;

(24) the expression "essential service" means the service in connection with the municipal fire-brigade, the municipal air compressor, the pumping stations, drainage, conservancy or water-supply of the city and any such other service as may be notified by the Government and the essential officer or servant means even, person employed in the essential service;

(25) "factory" has the meaning assigned to it under the Factories Act, 1948;

(26) "fifth" includes sewage, night-soil and all offensive matter;

(27) "food" means any article used as food or drink for human consumption other than drugs and water and includes-

(a) any article which ordinarily enters into or is used in the composition or preparation of human food; or

(b) any flavouring or colouring matter, spices or condiments;

(28) "goods" means any material, commodity or article, and include animals, electricity and electro magnetic waves or signals transmitted through wires or wireless devices;

(29) "hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the corporation may declare to be a hut for the purposes of this Act;

(29-a) "Industrial Township" means an Industrial Township specified under Section 7.

(30) "keeper" means the person in charge of a lodging house, and may include the owner for the purposes of any rules or bye-laws made under this Act;

(31) "land" includes benefits arising out of land, houses and things attached to the earth, or permanently fastened to anything attached to the earth and also land which is being built upon or is built upon or covered with water;

(32) "licensed plumber", "licensed surveyor" and "licensed architect" mean respectively person licensed by the Corporation as a plumber or surveyor or architect under this Act;

(33) "lodging house" means a building or part of a building where lodging with or without a board or other services is provided for a monetary consideration and includes a collection of buildings or a building or a part of a building used for the accommodation of pilgrims and travellers whether on payment or otherwise;

[(33-a) "Lower Income Group" means the group of persons so specified by the State Government from time to time.]

(34) "market" or "Bazar" means :-

(a) a place where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other article of food of a perishable nature, whether or not there is any collection of shops, or warehouses or stalls for the sale of other articles in such place; or

(b) any place of trade other than a place referred in sub-clause (a) where there is a collection of shops or warehouses or stalls;

(34-a) "Municipal area" means the territorial area of a Municipal Corporation as is notified by the Governor under sub-section (2) of Section 7 of this Act.

(35) "municipal drain" means a drain vested in the Corporation;

(35-a) "municipal law" means a law for the time being in force for the organisation and administration of municipalities;

(36) "municipal market" means a market vested in or managed by the Corporation;

(37) "municipal slaughter-house" means a slaughter house vested in or managed by the Corporation;

(38) "municipal tax" means any tax levied by the Corporation under the provisions of this Act;

(39) "municipal water-works" means a water-work vested in or managed by the Corporation;

(39-a) "nazul land" means nazul land within the city for the management and disposal of which special rules have been made by the government;

(40) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell, or hearing or disturbance to rest or sleep of the community or which is or may be dangerous to life or injurious to the health or property or offends against public morality;

(41) "occupier" means any person in actual possession of any land or building and includes an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is liable to pay rent or not;

(42) "offensive matter" includes animal carcasses, dung, dirt, putrid and petrifying substances, and filth of any kind but does not include sewage;

(43) "owner" when used with reference to any land or building includes the person for the time being receiving the rent of the land or building or of any part of the land or building whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver, who would receive such rent if the land, building or part thereof were let to a tenant, or manager or mortgagee in possession;

(43-a) "Population" means the population as ascertained at the preceding census of which the relevant figures have been published.

(44) Omitted;

(45) "private street" means a street which is not a public street;

(46) "public, analyst" means any person appointed by the Corporation to perform the duties and to exercise the powers of a public analyst prescribed by bye-laws under this Act;

(47) "public place" means a space, not being private property, which is open to the use or enjoyment of the public, whether such space is vested in the Corporation or not;

(48) "public securities" means-

(a) securities of the Central or any .State Government;

(b) securities, stock, debentures, or shares the interest whereon has been guaranteed by the Central or State Government;

(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of the Republic of India;

(d) securities expressly authorised by any order which the State Government makes in this behalf;

(49) "public street" means any street-

(a) over which the public have a right of way; or

(b) which have been heretofore levelled, paved, metalled, asphalted, channelled, sewered or repaired out of municipal or other public funds; or

(c) which under the provisions of this Act becomes a public street;

(i) the roadway over any public bridge or causeway;

(ii) the footway attached to any such street;

(iii) public bridge or causeway, and the drains attached to any such street, public bridge or causeway;

[(49-a) "Registered Architect/Structural Engineer/Engineer" means the same as defined in Chhattisgarh Bhumi Vikas Niyam, 1984, framed under the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973);]

(50) "registered trade union" means a trade union registered under the Indian Trade Unions Act, 1926;

(51) (a) a person shall be deemed to "reside" in any dwelling house or hut which, or some portion of which, he sometimes, although not interruptedly, uses as a sleeping apartment; and

(b) a person shall not be deemed to cease to "reside" in any such dwelling house or hut, merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;

(52) "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse or refuse of any kind which is not Offensive matter" or "sewage" as defined in this section;

[(52-a) "Recognised Political Party" means a political party for the time being recognized by the Election Commission of India as National Party or as a State Party in the State of Chhattisgarh under the Election Symbols (Reservation & Allotment) Order, 1968,]

(53) "sewage" means night-soil, and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and other like places, and includes trade effluents and discharges from manufactories of all kinds;

(54) "sewage connection" includes any drain connecting any water-closet, latrine, privy, urinal, bathroom, sink, sullage tray, manhole or trap with any drain for sewage and other offensive matter;

(54-a) "Social audit" means the review of the impact of policies, programmes, schemes and procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area;

[(54-b) "Social Audit" means the review of the impact of policies, programmes, schemes or procedures adopted or implemented by any municipal authority, by a group or groups of persons residing within the municipal area within which such review is conducted:]

(55) "street" means any road, food-way, square, Court, alley or passage, accessible, whether permanently or temporarily to the public, whether a thoroughfare or not;

(56) "street line" means a line dividing the land comprised in and forming part of a street from the adjoining land;

(56-a) "lax" includes any toll, cess, fee or other impost levied or leviable under this Act;

(57) "traffic sign" includes all signals, warning sign posts, direction posts, signs or other devices, erected by any person or authority authorised by law to do so for the information, guidance or direction of person using roads or of wheeled and other traffic;

[(57-a) "User Charges" means the charges imposed under Section 132-A for services rendered or are proposed to be rendered by the Corporation;]

(58) "vehicle" includes a bicycle, tricycle, motor car and every wheeled conveyance which is used or capable of being used on a public street;

(59) "water-closet" means a closet accommodation used or adopt or intend to be used in connection with the municipal water-works and comprising provisions for flushing of the receptacle by means of a water-supply and having connection with a sewer;

(60) "water connection" includes-

(a) any tank, cistern, hydrant, stand pipe, meter or lap situated on private property and connected with a water-main or pipe belonging to the corporation;

(b) the water pipe connecting such tanks, cistern, hydrant, stand pipe, meter or lap with such water-main or pipe;

(61) "water for domestic purposes" shall not include water for cattle, or for horses, or for washing vehicles where the cattle horses or vehicles are kept for sale or hire or by a common carrier and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental purposes;

(62) "water work" includes a lake, steam, spring, well, pump, reservoir, cistern, lank, duct whether covered or open, sluice, main pipe, culvert, engine, water truck, hydrant standpipe, conduit, and machinery, land, building or thing for supplying water or for protecting sources of water-supply;

(63) "workshop" means any building, place or premises or any part thereof, not being a factory, to or over which the employer of the persons working therein has the right of access or control, and in which or within the compound or precincts of which, any manual labour is employed or utilised in aid of or incidental to any process for the following purposes :-

(i) the making of any article or part thereof;

(ii) the altering, repairing, ornamenting or finishing of any article: or

(iii) the adapting for sale of any article.

[(64) "Year" means a financial year beginning on the first day of April of the year.]

Part-II

Constitution and Government

Chapter II

The Municipal Authorities

(a) the Corporation;

(b) the Mayor-in-Council;

(c) the Mayor;

(d) the Commissioner.

(a) a Mayor, that is Chairperson, elected by direct election from the Municipal area;

(b) Councillors elected by direct election from the wards;

[(c) person not more than fifteen percent of the number of municipal wards in the town, nominate by the State Government, having special knowledge or experience in the Municipal administration :

(d) Members of the House of the People and the Members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly the Municipal area;

(e) Members of the Council of States registered as electors within the municipal area :

(a) is not less eighteen years of age on the first day of January of the year in which the electoral roll for a ward is prepared or revised;

(b) is ordinarily resident in the ward within the meaning of Section 20 of the Representation of the People Act, 1950 (No. 43 of 1950), subject to modification that reference to "constituency" therein were a reference to "area comprised in the ward": and

(c) is otherwise qualified to be registered in the Assembly roll relatable to the ward, shall he entitled to he registered in the electoral roll of that ward :

(i) no person shall be entitled to be registered in the electoral roll of more than one ward in the same city;

(ii) no person shall be entitled to be registered in the electoral roll for any ward more than once.

(a) is not citizen of India; or

(b) is of unsound mind and stands so declared by a competent Court; or

(c) is convicted of an offence under the Protection of Civil Rights Act. 1955 (No. 22 of 1955), unless a period of five years or such lesser period as the State Government may allow in any particular case, has elapsed since his conviction; or

(d) is for the time being disqualified from voting under the provision of any law relating to corrupt practices and other offences in connection with election.

(a) is erroneous or defective in any particulars;

(b) should be transposed to another place in the roll; or

(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the ward or is otherwise not entitled to be registered in that roll,

(a) has failed to lodge an account of election expenses within the lime and in the manner required by or under this Act; and

(b) has no good reason or justification for a failure, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified and any such person shall be disqualified for being chosen as and for being a Councillor or a Mayor of the Corporation for a period not exceeding five years from that date of the Order.

(a) for the election of Mayor, if he is not less than 25 years of age; and

(b) for the election of Councillor, if he is not less than 21 years of age.

(a) (i) has been convicted of any offence, punishable under Section 153-A, or Section 171-E or Section 171-F, or sub-section (2) or sub-section (5) of Section 505 of the Indian Penal Code, I860 (No. 45 of 1860) or under the Protection of Civil Rights Act, 1955 (No. 22 of 1955) or under Section 125 of the Representation of the People Act, 1951 (No. 43 of 1951) or Sections 3 and 4 of the Dowry Prohibition Act, 1961 (No. 28 of 1961) or Section 10 or Section 11 of the Chhattisgarh Local Authorities (Electoral Offences) Act, 1964 (No. 13 of 1964) unless a further period of six years has elapsed since his release after undergoing the sentence;

(ii) has been convicted by a Court in India :-

(a) for an offence not falling under sub-clause (i) and sentenced to imprisonment for a period of not less than two years; or

(b) for contravention of any provisions of the Chhattisgarh Nagariya Kshetron Me Ke Bhoomihin Vyakti (Pattadhruli Adhikaron Ka Pradan Kiya Jana) Adhiniyam. 1984 (No. 15 oF 1984) or of any law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs.

(a) "Law providing for the prevention of hoarding or profiteering" means any law, or any order, rule or notification having the force of law providing for :-

(i) the regulation of production or manufacture of any essential commodity;

(ii) the control of price at which any essential commodity may he bought or sold;

(iii) the regulation of acquisition, possession, storage, transportation, distribution, disposal, use or consumption of any essential commodity;

(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept for sale;

(b) "drug" shall have the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (No. 23 of 1940);

(c) "essential commodity" shall have the same meaning as assigned to it in the Essential Commodities Act, 1955 (No. 10 of 1955);

(d) "food" shall have the meaning assigned to it in the Prevention of Food Adulteration Act, 1954 (No. 37 of 1954);

(a-i) has, in proceedings for questioning the validity or regularity of an election or nomination, been found to have been guilty of any corrupt practice, unless a period of five years has elapsed since the date of the finding of the disqualification has been removed by the State Government under Section 441-G;

(b) has been removed from office under Section 18, 19-B or sub-section (3) of Section 23 unless he has been relieved by Government from the disqualification arising on account of such removal from office;

(bb) has been disqualified for further election or nomination as a Councillor or Mayor under Section 17-A unless he has been relieved by the Government from such disqualifications;

(c) is an undischarged insolvent;

(d) is of unsound mind and stands so declared by a competent Court;

(e) is less than twenty live years of age, in case of a Mayor and is less than twenty one years of age, in case of a Councillor;

(f) is in the service of the Government or any local authority or is a Government pleader;

(g) has directly or indirectly by himself or his partner, any share or interest in any work being done of the Corporation or in any contract or employment with or under, or by, or on behalf of the Corporation :

(a) receiving a Government or municipal pension;

(b) having any share or interest in-

(i) any lease, sale or transfer of land;

(ii) any agreement for the loan of money or any security for the payment of money only;

(iii) any joint stock company except as a director or managing agent or any registered co-operative society;

(iv) occupying as a tenant any premises belonging to the Corporation;

(h) has been dismissed from Government or municipal service on account of misconduct involving moral turpitude; x x x

(i) has any tax or dues, payable to the Corporation, standing against his name for a period exceeding one year; or

(j) has not paid the amount of charge imposed upon him under Section 11 of the Chhattisgarh Sthaniya Nidhi Sarnpariksha Adhiniyam, 1973 (No. 43 of 1973) within the time specified in Section 15 of the said Adhiniyam; or

(k) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the State :

(l) has been convicted of an offence against women.

[***]

[(n) has been disqualified under Section 14-C.]

(a) becomes disqualified :-

(i) under sub-section (1) of Section 13 and his name is struck off the electoral roll under sub-section (1-A) of that section: or

(ii) under sub-section (1) of this section; or

(b) acts as a Councillor or Mayor in any matter-

(i) in which he has directly or indirectly by himself or his partner, any share or interest, as is described in clause (g) of sub-section (1); or

(ii) in which he is professionally interested on behalf of a client, principal or other person; or

(c) absents himself during six consecutive months from the meetings of the Corporation except with the leave of the Corporation: or

[***]

(d) fails to pay any arrears of any kind due by him to the Corporation within three months after a notice in this behalf has been served upon him,

(e) becomes disqualified for being chosen as and for being a Councillor or Mayor under Section 14-C :

(a) if his continuance as a councillor is not, in the opinion of the Divisional Commissioner, desirable in the interests of the public or the Corporation; or

[(a-1) if it is found that he does not belong to the reserved category for which the seat was reserve, or;]

(b) if the Corporation has, by a resolution supported by at least two-third of the total number of councillors; recommend that a councillor is not fit to continue as a councillor on account of misconduct in the discharge of his duties or disgraceful conduct and should therefore be removed.

(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;

(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.

(a) before the expiry of its duration specified in sub-section (1);

(b) before the expiration of a period of six months from the date of its dissolution :

(i) if satisfied about its genuineness, accept the resignation and notify the fact of such resignation and the occurrence of casual vacancy by reason of such resignation in the Gazette;

(ii) if not satisfied about its genuineness, not accept the resignation for reasons to be recorded in writing.

(i) two years from the date on which the Speaker enters upon his office;

(ii) one year from the date on which the previous motion, of no-confidence was rejected.

(i) the meeting, shall be convened forthwith on a requisition, signed by not less than one-third of the total number of elected Councillors constituting the Corporation for the time being;

(ii) the notice of such a meeting specifying the dale, time and place shall be despatched to the Mayor and every Councillor ten clear days before the meeting;

(iii) the no-confidence motion moved under this section shall be decided through secret ballot.

(i) within a period of two years from the date on which such Mayor is elected and enters his office;

(ii) if half of the period of tenure of the Mayor elected in a by-election has not expired ;

(a) have administrative control over the officers and servants of his office including the office of the Mayor-in-Council and Appeal Committee;

(b) exercise such powers and perform such functions as described in the Act or the Rules made thereunder.

(a) he shall not act under this sub-section in contravention of any order of the State Government or Corporation or Mayor-in-Council prohibiting the execution or stoppage of any particular work or act; and

(b) he shall report the action taken under this sub-section and the reasons therefor, to the Corporation at its next meeting and if the Corporation does not confirm the action of the Mayor or the such member of the Mayor-in-Council, as may be appointed by the Mayor, as the case may be, the matter shall he referred to the State Government and the decision of the State Government thereon shall be final, but the State Government before passing any order, which may affect any person a reasonable opportunity of being heard shall be given to such person.

(ii) to draw the attention of the Commissioner or the head of the departments concerned, towards and loss to the Corporation property or any short comings in any scheme or service or any work being executed by the Corporation.]

(a) draw up a list of all councillors (which term for the purposes of this section shall include the Mayor and Speaker), who have Tailed to pay any tax due by them to the Corporation within six months from the date on which such tax became due;

(b) issue to every person on the said list a notice of demand requiring him to pay the arrears within three months from the date of service of such notice; and

(c) submit a copy of the list of the Government.

Chapter III

Conduct Of Business

Transaction of business by the Corporation

(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration;

(b) he is partner, or member of the joint Hindi family or is in the employment of a person with whom the contract is made or is proposed to be made, or who has a direct pecuniary interest, in the other matter under consideration :

(i) this sub-section shall not apply to membership of, or employment under, any public body;

(ii) a member of a company or other body shall not, by reason only of his membership, be treated as being so interested if he has net beneficial interest in any shares or stock of that company or other body;

(iii) no person shall be deemed to have tiny share or interest in a contract, grant or employment by reason only of his having any share or interest in-

(a) any lease, sale or purchase of land or any agreement for the same; or

(b) any agreement for the loan of money or any security for the payment of money only; or

(c) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or

(d) any joint stock company which may enter into contract with or be employed by the Commissioner on behalf of the Corporation; or

(e) the occasional sale to the Commissioner on behalf of the Corporation, to a value not exceeding in any one official year five hundred rupees, of any article in which he regularly trades.

(i) every meeting of the Corporation or any committee shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified, when the minutes of the meeting have been signed in accordance with the provisions of this Act; and

(ii) where the meeting is a meeting of any Committee, such Committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minutes.

Chapter IV

Municipal Officers And Servants

The Commissioner

(i) the power of appointing any person on a municipal post which carries a maximum scale of pay as the State Government may, from time to time, by an order in writing specify, shall vest in the Mayor-in-Council or the Commissioner.

(ii) any appointment made within his power by the Commissioner shall be reported for information to the Mayor-in-Council;

(iii) every appointment to be made by the Mayor-in-Council shall be subject to the prior confirmation for the State Government. The decision of the State Government in this behalf shall be final.

(a) have his lien on the post held in the parent Corporation;

(b) not be put to disadvantageous position in respect of pay and allowances which he would have been entitled to had he continued in the parent Corporation;

(c) be entitled to deputation allowance at such rate as the State Government may be general order specify; and

(d) be governed by such other terms and conditions including disciplinary control as the State Government may, by general or special order, specify.

(a) has directly or indirectly, by himself or his partner, any share or interest in any contract of employment with, by or on behalf of the Corporation, other than an interest in land held on a lease from the Corporation, or is a Director, Secretary, Manager or other salaried officer of an incorporated company which has any such share or interest; or

(b) has acted or is acting professionally in relation to any matter on behalf of any person having therein any such share or interest as aforesaid.

(a) during a period of probation;

(b) if appointed otherwise than under contract to hold a temporary appointment, on the expiration of the period of the appointment;

(c) if engaged on contract, in accordance with the terms of the contract:

(d) tin account of the abolition of the post held by him or on account of a reduction in the strength of a cadre of Municipal Officers and servants.

(i) censure;

(ii) withholding of increment or promotion, including stoppage at an efficiency bar;

(iii) reduction to a lower time-scale or to a lower stage in a lime-scale;

(iv) recovery from pay of the whole or part of any pecuniary loss caused to the Corporation by negligence or by breach of orders;

(v) tine to be deducted from salary;

(vi) reduction in rank;

(vii) removal from the service of the Corporation, which does not disqualify from future employment;

(viii) dismissal from the service of the Corporation which ordinarily disqualify from future employment :

(a) has been engaged on a written contract, he shall be entitled to notice, or salary in lieu of notice in accordance with the terms of that contract;

(b) has not been engaged on a written contract, he shall be entitled to one month's notice of the termination of his services or one month's salary in lieu of notice.

(a) to any Municipal Officer or servant injured in the execution of his duty; or

(b) to the family or other relatives dependent on any Municipal Officer or servant who is killed in the execution of his duty, or whose death is due to devotion to duty or who dies during service :

(a) shall occupy the same, subject to such conditions and terms as may be prescribed by the Commissioner; and

(b) shall notwithstanding anything contained in any law for the time being inforce, vacate the same on his ceasing to be in the service of the Corporation, or whenever the Commissioner thinks it necessary and expedient to require him to do so.

(a) unless he is authorised in that behalf by the terms of his contract, resign his appointment or quit his employment without giving written notice, not less than one month previously, to the authority appointing him, of his intention so to do; or

(b) absent himself from duty otherwise than on leave duly granted and not subsequently cancelled; or

(c) neglect or refuse to perform any of the duties or wilfully perform them in an insufficient manner.

(a) withdraw or absent himself from his duties otherwise than on leave duly granted; or

(b) neglect or refuse to perform his duties or wilfully perform them in an insufficient manner.

Chapter V

Powers, Duties and Functions of the Municipal Authorities

Obligatory and discretionary ditties of the Corporation

(a) lighting public streets, places and buildings;

(b) 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 Corporation or not; removing noxious vegetation, and abating all public nuisances;

(c) disposing of nightsoil and rubbish and, if so deemed desirable, preparation of compost manure from nightsoil and rubbish;

(d) the maintenance of the fire-brigade for extinguishing fire, and protection of life and property when fires occur;

(e) regulating or abating dangerous or offensive trades or practices;

(f) removing obstructions and projections in public streets and places, and in spaces not being private property, which are open to the enjoyment of the public whether such spaces are vested in the Corporation or the Government;

(g) establishing and managing cattle pounds;

(h) securing or removing dangerous buildings or places;

(i) acquiring and maintaining, changing and regulating places for the disposal of the dead and disposing of unclaimed dead bodies and dead bodies of paupers;

(j) constructing, altering and maintaining public streets, culverts and corporation boundary, markets, latrines, urinals, drains, sewers and providing public facilities for drinking water, watering public streets and places;

(k) the management and maintenance of all municipal water-works and the construction and maintenance of new work and means for providing a sufficient supply of suitable water for public and private purposes;

(l) the erection in proper and convenient situations on municipal land of water closets, closet accommodation, urinals, and other conveniences for the public and the maintenance and the cleansing of the same;

(m) the construction and the maintenance of public market and slaughter-houses and the regulation of all markets and slaughter-houses;

(n) Omitted

(o) the maintenance of an ambulance service;

(p) naming streets and numbering houses;

(q) registering births, marriages and deaths;

(r) public vaccination;

(s) establishing and maintaining primary schools;

(t) taking measures to prevent the outbreak, spread or recurrence of infectious diseases;

(u) the maintenance of municipal office and of all public monuments and other property vested in the Corporation;

(v) provision of traffic signs;

(w) printing and publishing such annual reports and returns on the administration of the Corporation as the Government may by general or special order, require the Corporation to submit;

(x) the maintenance of public park, gardens recreation grounds, public places and open spaces in existence and vested in the Corporation;

(y) fulfilling any obligation imposed by this Act or any other law for the time being in force;

(z) construction and maintenance of veterinary dispensaries.

(a) reclaiming healthy localities, laying out, whether in areas previously built upon or not, new public street, and acquiring land for that purpose, including plots of land for building to abut on such streets;

(b) constructing, establishing or maintaining public parks or gardens, library, museums, halls, theatres, stadiums, offices, sarais, rest-houses and other public buildings;

(c) constructing and maintaining residential quarters for municipal officers and servants;

(d) construction, maintenance and cleansing of washing and bathing places;

(e) furthering educational objects other than the establishment and maintenance of primary schools and making grants to educational institutions;

(f) planting and maintaining roadside and other trees;

(g) taking a census and granting rewards for information tending to secure the correct registration of vital statistics;

(h) making a survey;

(i) the destruction or the detention of ownerless dogs or stray pigs or detention of animals causing nuisance;

(j) securing or assisting to secure suitable places for the carrying on of the offensive trades or practices;

(k) supplying, constructing and maintaining pipe and other fittings for the supply of water to private premises from water-works maintained by the Corporation;

(l) supplying, constructing and maintaining receptacles, fittings, pipes, and other appliances on or for the use of private premises for receiving and conducting the sewage thereof into sewers under the control of the Corporation;

(m) fairs and exhibitions, or athletics or games, competitions or tournaments;

(n) constructing and maintaining such roads and buildings and other Government works as the Government may transfer to the Corporation;

(o) organisation and management of chemical or bacteriological laboratories for the examination on analysis of water, food or drugs, for the detection of disease or for researches connected with public health; and

(p) the construction and maintenance in the public streets of drinking fountains for human beings and water troughs for animals;

(q) the prevention of cruelty to animals;

(r) the playing of music in squares, gardens or other places of public resort;

(s) the construction, purchase, organization, maintenance or management of tramways or motor transport facilities for the conveyance of the public;

(t) preparation and presentation of address to person of distinction;

(u) prevention of vagrancy; establishing and maintaining poor houses;

(v) establishing and maintaining a farm or factory for the disposal of sewage;

(w) organization and maintenance of maternity homes and infant welfare centres;

(x) the organization, maintenance or management of institutions, for the care and training of blind, deal, dumb or otherwise disable persons;

(y) swimming pools, public wash houses, bathing places and other institution designed for the improvement of public health;

(z) dairies or farms within or without the city for the supply, distribution and processing of milk or milk products, for the benefit of the residents of the city;

(aa) establishment and control of gwala colonies and cattle pens within or without the city;

(bb) the purchase of any undertaking for the supply of electric energy or gas or starting or subsidizing of any such undertaking;

(cc) the acquisition and maintenance of grazing grounds within or without the city;

(dd) granting rewards for information regarding the infringement of any provisions of this Act or of any other Acts, the enforcement of which is entrusted to the Corporation by regulation or standing order thereunder;

(ee) the construction and maintenance of sanitary stables for animals or vehicles, or garages;

(ff) measures to meet any calamity affecting the public in the city;

(gg) the regulation of lodging houses and boarding houses in the city;

(hh) the grant of loans for building purposes or for purchase of conveyance to municipal officers and servants, on such terms and conditions as may be prescribed by bye-laws by the corporation;

(ii) any other measures for the welfare of municipal servants;

(jj) contribution towards any public fund raised for the relief of human sufferings within the city or for the public welfare;

(kk) establishing and maintaining pre-primary schools;

(ll) establishing and maintaining public hospitals and dispensaries and carrying out other means necessary for public medical relief;

(mm) any other matter likely to promote the public health, safety or convenience of the public.

(nn) Urban planning including town planning;

(oo) Regulations of land-use and construction of buildings;

(pp) Planning for economic and social development;

(qq) Urban forestry, protection of the environment and promotion of ecological aspects;

(rr) Safeguarding the interests of weaker sections of society, including the handicapped and mentally regarded; and

(ss) Urban poverty alleviation.

(a) perform all the duties imposed or conferred upon him by this Act;

(b) prescribe the duties, and exercise supervision and control over the acts and proceedings of all municipal officers and servants other than the officers and servants of Corporation office and subject to the rules or bye-laws for the time being in force, dispose of all questions relating to the services of the said officers and servants and their pay, privileges and allowances;

(c) on the occurrence of any accident or unforeseen event or on the threatened occurrence of any disaster, involving or likely to involve extensive damage to any property of Corporation or danger to human or animal life, lake such immediate action as the emergency shall appear to him to justify and require reporting forthwith to the Mayor-in-Council or the Corporation, when he has done so, the action he has taken and his reasons for taking the same and the cost if any incurred or like it to be incurred in consequence of such action and not covered by a current budget grant.

(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;

(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal government of the city;

(c) to furnish a report by himself, or to obtain from the head of the department subordinate to him and furnish, with his own remarks thereon a report upon any subject concerning or connected with administration of this Act or the municipal government of the city.

(a) such expenditure, so far as it is to be incurred in the financial year in which such power may be exercised or duty performed, shall have been provided for under a current budget grant; and

(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said financial year, liability for such expenditure shall not be incurred without the sanction of the Corporation.

Chapter VI

Municipal Property and Liabilities

(a) the Commissioner may, in his discretion, grant a lease of any immovable property belonging to the Corporation, including any right of fishing or of gathering and taking fruit, flowers and the like, of which the premium or rent, or both, as the case may be, does not exceed five hundred rupees for any period not exceeding twelve months at a time :

(b) with the sanction of the Mayor-in-Council, the Commissioner may by sale or otherwise grant a lease of immovable property including any such right as aforesaid, for any period not exceeding three years at a time of which the premium or rent or both, as the case may be, for any one year does not exceed three thousand rupees;

(c) with the sanction of the Corporation the Commissioner may lease, sell or otherwise convey any immovable property belonging to the Corporation.

(a) in his discretion dispose of by sale, letting out on hire or otherwise, any movable properly belonging to the Corporation not exceeding five hundred rupees in value;

(b) with the sanction of Mayor-in-Council, dispose of by sale, letting out on hire, or otherwise any movable property belonging to the Corporation not exceeding five thousand rupees in value;

(c) with the sanction of the Corporation, sell, let out on hire or otherwise convey any movable property belonging to the Corporation.

(i) no property vesting in the Corporation in trust shall be leased, sold or otherwise conveyed in a manner that is likely to pre-judicially affect the purpose of the trust subject to which such property is held;

(ii) no land value of which may be prescribed shall be sold or otherwise conveyed without the previous sanction of the Government and every sale, or other conveyance of property vesting in the Corporation shall be deemed to be subject to the conditions and limitations imposed by this Act or by any other enactment for the time being in force.

(a) all public gates, markets, slaughter-houses, manure and night-soil deposits and public buildings of every description which have been constructed or maintained out of the municipal fund;

(b) all public streams, rivers, springs, and works for the supply, storage and distribution of water for public purposes and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank or well;

(c) all public sewers and drains, and all sewers, drains, culverts and watercourses in or under any public street or constructed by or tor the Corporation along side any public street, and all works, materials and things appertaining thereto;

(d) all dust, dirt, dugs, ashes, refuse, animal matter, or filth or rubbish of any kind, or dead bodies, of animals, collected by the Corporation from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the Corporation;

(e) all public lands, lamp-posts and apparatus connected therewith or appertaining thereof;

(f) all land or other property transferred to the Corporation by the Government or acquired by gift, purchase or otherwise for local public purposes;

(g) all public streets, not being land owned by the Government and the pavements, stone and other material thereof and also trees growing on, and erections, materials, implements and things provided for such streets;

(h) all open lands which are neither the property of any person nor of the Government.

Part-III

Finance

Chapter VII

The Municipal Fund

(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force or under any contract;

(b) the balance standing to the credit of the Municipality of the city for which the Corporation is constituted;

(c) all proceeds of the disposal of property by, or on behalf of the Corporation;

(d) all rents accruing from any property of the Corporation;

(e) all moneys raised by any tax levied for the purposes of this Act;

(f) all fees payable and levied under this Act, or any rules or bye-laws made thereunder;

(g) all fines imposed by a Court under this Act or any rules or bye-laws made thereunder or under any other Act, the administration of which is entrusted to the Municipal Corporation;

(h) all moneys received by way of compensation or for compounding offences under the provisions of this Act;

(i) all moneys received by, or on behalf of the Corporation from the Government, public bodies, private bodies or private individuals by way of grant or gift or deposits;

(j) all interests and profits arising from any investment or from any transaction in connection with any money belonging to the Corporation; and

(k) all loans raised by the Corporation.

(a) the expenses of every election of Councillors held under this Act;

(b) the salaries, allowances and contributions to pensions and leave salaries of the Commissioner and of any other officer whose services may at the request of the Corporation be placed by the Government at the disposal of the Corporation;

(c) the salaries and allowances of municipal officers and servants and all pensions, gratuities, contributions and compassionate allowances payable under the provisions of this Act;

(d) the salaries and fees of experts for service or advice in connection with any matter arising out of the administration or undertaking of the Corporation;

(e) all expenses and costs incurred by the Corporation or by any Municipal Officer on behalf of the Corporation in the exercise of any power conferred or the discharge of any duty imposed on it or them by this Act, including moneys which the Corporation is required or empowered to pay by way of compensation;

(f) every sum payable-

(i) by order of the Government or under an award made under the Arbitration Act, 1940;

(ii) under a decree or order of a civil or criminal Court passed against the Commissioner;

(iii) under the compromise of any suit or other legal proceeding or claim;

(g) contributions to public institutions functioning in the interest of the inhabitants of the City;

(h) the cost of auditing the municipal accounts.

Chapter VIII

Budget Estimate

(a) sums of which the expenditure has been sanctioned by the Mayor-in-Council;

(b) refunds of taxes and other moneys which the Commissioner is by this Act authorised to make;

(c) repayments of moneys belonging to contractors or other persons held in deposit and of money collected or credited to the municipal fund by mistake;

(d) sums which the Commissioner is by this Act or any other enactment required or empowered to pay by way of compensation;

(e) sums payable in any of the circumstances mentioned in clause (f) of Section 88;

(f) expenses incurred by the Corporation in the exercise of the powers conferred on it by Section 285;

(g) costs incurred by the Commissioner under clause (c) of subsection (3) of Section 69;

(a) an estimate of the expenditure which must or should, in his opinion, be incurred by the Corporation in next financial year from the municipal fund including-

(i) the re-payment of all loans or instalments thereof with interest thereon which fall due during the financial year;

(ii) the discharge of liabilities imposed on the Corporation by sub-section (1) of Section 3;

(iii) cash balance at the end of the said year of not less than such sum as may be prescribed by the Government;

(iv) the amounts, if any, which should in his opinion be credited to or expended from special fund;

(b) an estimate of all balances, if any, which will be available for appropriation or expenditure at the commencement of the next financial year;

(c) an estimate of the Corporation's receipts and income for the next financial year other than from taxation;

(d) an estimate of the receipts of existing taxation;

(e) a statement of proposals as to the taxation which it will, in his opinion be necessary or expedient to impose under the provisions of this Act in the next financial year and an estimate of the receipts from such taxation.

(a) due regard shall be had when making any such reduction or transfer to all the requirements of this Act;

(b) every such reduction or transfer shall be brought to the notice of the Corporation at its next meeting.

Chapter IX

Loans

(i) for the construction of works under this Act; or

(ii) for the acquisition of land for the purposes of this Act; or

(iii) for the payment of a loan raised under this Act or any other loan or debt for the re-payment of which the Corporation is liable; or

(iv) generally for carrying out the purposes of this Act, including the advance of loans authorised thereunder:

(i) no loan shall be raised for the construction of any work other than a permanent work, which expression shall include any work of which the cost should in the opinion of the Government be spread over a term of years;

(ii) no loan shall be raised without the previous sanction of the Government;

(iii) the terms upon, the period within and the method by which the loan is to be raised and repaid, shall he subject to the approval of the Government; and

(iv) the period within which the loan is to be repaid shall in no case exceed fifty years.

(i) no portion thereof shall, without the previous sanction of the Government, be applied to any purpose other than that for which it was borrowed; and

(ii) no portion of any sum of money borrowed under clause (i) of sub-section (1) shall be applied to the payment of salaries or allowances of any municipal officers or servants, other than those who are exclusively employed upon the works for the construction of which the money was borrowed :

(1) When any debenture or security isSUed under this Act is payable to two or more persons jointly and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such persons :

(2) When two or more persons are joint holders of any debenture or security issued under this Act, any one of such person may give an effectual receipt for any interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.

(a) it the debenture alleged to have been lost, stolen or destroyed is payable more than six years alter the date of publication (if the notification referred to in sub-section (2)-

(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture: and

(ii) for the issue of a duplicate debenture payable to the applicant; or

(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2)-

(i) tor the payment of interest in respect of the debenture without the issue of a duplicate debenture; and

(ii) for the payment to the application of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.

(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him he entitled to such debenture, issue a renewed debenture in favour of such party;

(b) refuse to renew the debenture until such a decision has been obtained; or

(c) alter such inquiry as is hereinafter provided am on consideration of the result thereof, declare by order in waiting which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of sub-section (1), unless, within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction tor the purpose of establishing a title to such debenture.

(a) in the case of duplicate debenture after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of Section 108 or from the date of the last payment of interest on the original debenture whichever is later;

(b) in the case of a renewed debenture alter the lapse of six years from the date of the issue thereof; and

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of Section 108.

(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture; or

(2) refuse to issue a renewed debenture unless such indemnity is given.

(a) by payment from a sinking fund established under Section 114 in respect of the loan; or

(b) by equal payments of principal and interest; or

(c) by equal payments or principal; or

(d) in the case of a loan, borrowed before this Act comes into force by the method which was in operation for the repayment of such loan; or

(e) from any sum borrowed under Section 102 (1) (iii); or

(f) partly from the sinking fund established under Section 114 in respect of the loan and partly from money borrowed for the purpose under Section 102 (iii).

(a) Government securities; or

(b) securities guaranteed by Government; or

(c) municipal debentures of the City.

(i) if, when the loans were raised they were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of the loans and shall pay into the funds such sums, on such dates as may have been fixed when the loans were raised;

(ii) all securities and cash held by the Municipality in sinking fund, if any, established for the repayment of such loans, shall be transferred to the Corporation and shall be held by it as part of the sinking funds established under clause (i):

(iii) the provisions of Section 114 shall apply to such sinking funds;

(iv) if, when any such loans were raised, the loans were made repayable by equal payments of principal or by annual drawings, the Corporation shall make such payments or annual drawings on such dates and in such manner as may have been fixed when the loans were raised;

(v) the provisions of Section 121 shall apply to such loans.

(a) the amount and date of borrowing of loans raised by the Corporation which are outstanding and the annual loan charges;

(b) in the case of every loan for which a sinking fund has been established under Section 114, the accumulation in the sinking fund at the close of the year, showing separately the amount paid to the credit of the fund in the year;

(c) the loans repaid during the year and in the case of loans repaid in instalments or by annual drawings, the amounts repaid during the year and the balance due at the close of the year;

(d) the particulars of securities in which the sinking fund have been invested or which have been reserved for the investment of these funds.

Chapter X

Audit and Accounts

(vi) any fund that may be transferred by the Commissioner from the Municipal Corporation fund under the specific major head of account to ensure adequate funds for meeting the purpose of this fund.]

(d) cause physical verification of any stock of articles and fixed assets and infrastructure assets in course of examination of accounts.]

(a) report to the Mayor-in-Council any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;

(b) Omitted

Part-IV

Chapter XI

Taxation

(a) a tax payable by the owners of buildings or lands situated within the city with reference to the gross annual letting value of the buildings or lands, called the property tax, subject to the provisions of Sections 135, 136 and 138;

(b) a water tax, in respect of lands and buildings to which a water supply is furnished from or which are connected by means of pipe with municipal water works;

(c) a general sanitary cess, for the construction and maintenance of public latrines and for removal and disposal of refuse and general cleanliness of the city.

(d) a general lighting tax, where the lighting of public streets and places is undertaken by the corporation;

(e) a general fire tax, for the conduct and management of the fire service and for the protection of life and property in the case of fire;

(f) a local body tax on the entry of such goods as may be declared by the State Government by notification in the Official Gazette into the municipal area for consumption, use or sale therein at a rate not exceeding four percent of the value of goods ;

(i) brought by a person into the municipal area for his personal use or consumption; or

(ii) brought by a registered dealer within the municipal area and transmitted within 15 days thereof-

(a) to a registered dealer in any other local body; or

(b) in the course of export out of the territory of India; or

(c) in the course of inter-state trade outside the state.

(iii) specified in the Schedule to the Chhattisgarh Sthaniya Kshctron Me Mal Ke Pravesh Par Kar Adhiniyam, 1976 (No. 52 of 1976).

(a) on buildings and lands which are exempted from property tax, at a rate as shall be determined by the Corporation, x x x.

(b) on buildings and lands which are not exempted from property tax, at a [x x x] rate as determined in clause (a) plus such percentage of the properly tax, as shall be determined by the Corporation :

(a) on buildings and lands which are exempted from property tax at a rate as determined by the corporation [x x x]

(b) (in buildings and lands which are not exempted from property tax at a rate prescribed under clause (a) plus such percentage of the property tax as may be determined by the Corporation.

(a) a latrine or conservancy tax payable by the occupier or owner upon private latrines, privies or cesspools or open premises or compounds cleansed by Corporation agency:

(b) a drainage tax, where a system of drainage has been introduced:

(c) a tan on persons exercising any profession or art or carrying on any trade or calling within the city;

(d-e) [x x x]

(f) lees on the registration of cattle sold within the city;

(g) market dues on persons exposing goods for sale in any market or in any place belonging to or under the control of the Government or of the Corporation;

(h) a betterment tax on properties whose value may have improved as a result of town planning scheme undertaken by the Corporation;

(i) a tax on pilgrims resorting periodically to a shrine within the limits of the Corporation;

(j) a tax on persons occupying houses, buildings or lands within the limits of the Corporation according to their circumstances and property;

(k) a toll on new bridge constructed by the Corporation;

(l) a lax on advertisements other than advertisements published in newspapers;

(m) a tax on theatres, theatrical performances and other shows for public amusement;

(n) a terminal lax on goods or animals exported from the limits of the Corporation; and

(o) any other tax which the State Government has power to impose under the Constitution of India, with the prior approval of the State Government.

(a) impose any of the taxes or fees specified in this Act; or

(b) increase the rales of taxes or fees already imposed.

(a) in case of imposition of any tax or fees, the provisions under which such tax or fee is being imposed, class of persons or description of property to be taxed, the amount or rate of lax or fee being imposed, system of assessment and collection to be adopted and the date from which imposition of such tax or fee shall take effect;

(b) in case of increase of rate of any tax or fee, the prevailing rate of such tax or fee, the proposed increased rate of such tax or fee and the date from which increase of rate of such tax or fee shall take effect.

(a) property situated in the Corporation area;

(b) property not situated in the Corporation area.

(c) the State Government may, at any time by notification, abolish or reduce the amount or rate of any tax levied or enhanced under this section and the levy of the tax or the enhancement except as to arrears thereto for accrued due, shall there upon cease or be modified accordingly.]

(1) by presenting a bill;

(2) by serving a written notice of demand;

(3) by distraint and sale of movable property of the person concerned;

(4) by attachment and sale of his immovable property;

(5) in the case of octroi and toll, by the attachment and sale of goods and vehicles;

(6) in the case of property tax, by the attachment of rent due in respect of the property [and/or attachment and sale of his movable and/or immovable property;]

(7) by a suit.

The Property Tax

Imposition of Property Tax

(a) buildings and lands owned by or vesting in-

(i) the Union Government;

(ii) the State Government;

(iii) the Corporation;

[(b) all kutcha dwelling units having country title (Kawelu) roof and measuring not more than 500 square feet and all buildings and lands belonging to or occupied by the urban poor as may be exempted by the State Government through notification.]

[(c) educational institutions of Government of India, State Government, Municipal Corporations, registered Charitable Trusts, educational institutions registered under Section 12A of the Income Tax Act, 1961, shall be wholly exempted and other educational institutions may be given a rebate of upto fifty percent of the property tax as assessed by the Corporation in accordance with norms that may be prescribed by the State Government.]

(d) public parks and playgrounds which are open to the public and building and land attached thereto if the rent derived therefrom is exclusively spent for the administration of parks and playgrounds to which they are attached;

(e) buildings and lands or portions thereof used exclusively for public worship or public charity such as mosques, temples, churches, dharmashalas, gurudwaras, hospitals, dispensaries, orphanages, alms houses, drinking water fountains, infirmaries for the treatment and care of animals and public burial grounds, or other places for the disposal of the deal:

(i) buildings in, or lands on, which any trade or business is carried on unless the rent derived from such buildings or lands is applied exclusively to religious purposes or to public charitable institutions aforesaid;

(ii) buildings or lands in respect of which rent is derived and such rent is not applied exclusively to religious purposes or public charitable institutions aforesaid;

[(f) buildings and lands owned by widows or minors or persons with disability as defined under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), to the extent as may be prescribed.]

(g) buildings and lands owned by freedom lighters, retired members of Defence Services and their widows during their life time if they are exempted from income tax;

[(h) buildings and lands owned by blind persons and abandoned women, to the extent as may be prescribed.]

(i) buildings and lands in occupation of owner for his residence shall be exempted from property tax to the extent of fifty percent.

[***].

(k) property owned by such political party in the State which has been recognised by the Election Commission of India.

(a) as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such land or building; and

(b) as to the measurement or the gross annual rent or revenue or the description or other specified details or the actual cost or estimated market value of such land or building.

(a) the serial number of each set of premises;

(b) the description of each set of premises;

(c) the name and place of abode of the owner and the name of the occupier;

(d) the amount of the valuation;

(e) the amount payable on account of the property tax;

(f) any exemption granted from payment of the said tax: and

(g) such other particulars as the Commissioner may direct.

Supplemental Provisions

(a) any mistake-

(i) in the name, residence, place of business or occupation of any person liable to pay the tax; or

(ii) in the description of any property or thing liable to the tax; or

(iv) in the amount of tax assessed; or

(b) any clerical error; or

(c) any other defect of form.

(a) abolish, suspend or reduce the rate of any tax; or

(b) exempt from the payment of any such tax in whole or in part any person or any class of persons or any property or class of property.

(ii) The said period of fifteen days shall be counted from the date of the completion or of the occupation, whichever first occurs, of the building which has been newly erected or re-built, or of the enlargement, as the case may be, and in the case of a building which has been vacant, from the dale of the re-occupation thereof.

(1) to enter, inspect and measure any building for the purpose of valuation;

(2) to enter and inspect any stable, coach house or other place where there is reason to believe that there is any vehicle or animal liable to taxation under this Act or for which a licence has not been duly taken out.

(a) permit the officer or servant to inspect, examine, weigh and otherwise deal with the article; and

(b) communicate to the officer any information and exhibit to him any bill, invoice or document of a like nature which such person may possess relating to the article.

Chapter XII

Recovery of Corporation's Claims

(a) the period for which; and

(b) the property, occupation or thing in respect of which the sum is claimed,

(i) the liability incurred in default of payment; and

(ii) the time within which an objection may be preferred as against such claim.

(a) pay the sum demanded in the notice; or

(b) show-cause to the satisfaction of the Commissioner why he should not pay the same; or

(c) prefer an appeal in accordance with the provisions of Section 184 against the demand,

(i) by distress and sale of the movable property belonging to such person;

(ii) by attachment and sale of the immovable property belonging to him :

(a) if he has a reasonable ground for believing that such building contains property which is liable to such distress; and

(b) if after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance :

(a) the following property shall not be distrained-

(i) the necessary wearing apparel, cooking utensils and bedding of the defaulter and members of his family;

(ii) the tools of artisans;

(iii) when the defaulter is an agriculturist, his implements of husbandry, seed, grain, and such cattle as may be necessary to enable him to earn his livelihood;

(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as possible equal in value to the amount recoverable under the warrant, and if any property has been distrained which, in the opinion of the Commissioner or of the person to whom the warrant was addressed, should not have been so distrained, it shall forthwith be returned to the person from whom it was distrained;

(c) the officer shall on distraining the property forthwith make in the presence of two witnesses an inventory of the property which he distrains under such warrant, and shall at the same time give a written notice in the prescribed form or in a form to the like effect along with a copy of such inventory to the person in possession thereof at the time of distraint that such property will be sold as therein mentioned;

(d) when the property is immovable-

(i) the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way and all persons from taking any benefit from such transfer or charge;

(ii) the order shall be proclaimed at some place on or adjacent to the property by beat of drum or other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and upon a conspicuous part of the Corporation office, and also when the property is land paying revenue to the Government, in the office of the Collector;

(e) any transfer of or charge on the property attached or any interest therein made subsequent to such attachment, and without the written permission of the Commissioner shall be void as against all claims of the Corporation enforceable under the attachment.

(a) a written objection has been made and determined in accordance with the provisions of this Act; and

(b) the amount claimed from the appellant has been deposited by him in the Corporation office, and a receipt thereof has been filed with a memo of appeal.

Part-V

Public Health, Safety and Convenience

Chapter XIII

Public Convenience

Municipal Drains

(a) construct any work within or without, the limits of the Corporation;

(b) purchase or take on lease any land, building, engine, material or apparatus, cither within or without the limits of the Corporation; and

(c) enter into an arrangements with any person, for a period not exceeding three years, for the removal or disposal of sewage within or without the limits of the Corporation.

Drains and Privies

(a) any drain, privy, latrine, urinal, absorption pit, disposal work, cess pools or other receptacle for filth or refuse may be moved or removed;

(b) any privy or cess pool or additional privies or cess pools should be provided in or on any building or land or that in any Municipal Corporation in which a water closet system has been introduced such water closets should be substituted for the existing privies in or on any building of land, or that additional water closet should be provided theirin or thereon; or

(c) Pour-water Hush latrines or any other type of latrines should he substituted for the existing service latrines in any building or on land within the limits of Corporation,

(i) in cases falling under clause (a) to move or remove such drain, privy, latrine, urinal, absorption pit, disposal work, cess pools or other receptacle for filth or refuse;

(ii) in cases falling under clause (b) to provide such privies, cess pools, or water closets;

(iii) in cases falling under clause (c), to close service latrines and provide in their place, pour water Hush latrines or such other types of latrines, as may be specified in the notices, at such sites and within such period as may he specified in the notice or within such period as may be extended by the Commissioner by order in writing.

(a) a drain has been constructed which, in the opinion of the Commissioner, shall be sufficient for the effectual drainage of such building to such municipal drain or place; and

(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the drainage from, and conveying the same off, the said building and effectually Hushing the drain of the said building and every fixture connected therewith.

(a) cause the work to be executed with the least practicable delay;

(b) fill in, reinstate and make good at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work; and

(c) pay compensation to any person who sustains damage by the execution of the said work.

(a) connecting the two drains; or

(b) renewing, repairing or altering the connection; or

(c) discharging any responsibility attaching to the person in whose favour the Commissioner's order is made for maintaining, repairing, Hushing or cleaning the joint drains or any part thereof.

(a) the nature of the intended work;

(b) the estimated expenses thereof; and

(c) the proportion of such expenses payable by each owner.

(a) vest in the owner of such premises;

(b) be maintained and kept in repair by the owner or occupier of such premises; and

(c) be from time to time Hushed, cleansed and emptied under the orders of the Commissioner at the cost of the municipal fund :

(a) be carried at least fifteen feet higher than any skylight or window situated within a distance of forty feet therefrom;

(b) if the same be fixed to a wall supporting the eaves of a roof, be carried at least five feet higher than such eaves; and

(c) be removed by the Commissioner to some other place, if at any time the owner of the aforesaid premises, building Or tree is desirous of effecting any change in his property which cannot without unreasonable inconvenience be carried out unless the shaft or pipe is removed.

Chapter XIV

Conservancy

(a) shall throw or place or cause to be thrown or placed any rubbish, offensive matter or sewage, on any street, or in any place not provided or appointed for the purpose under the provisions of this Act;

(b) who is the owner or occupier of any land or building shall allow any sewage or offensive matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon, anything so as to be nuisance to any person, or negligently suffer any receptacle or place for deposit of offensive matter or rubbish on his premises to be in such a state as to be offensive or injurious to health.

Chapter XV

Sanitary Provisions

Regulations of Public Bathing, Washing, etc.

(a) set apart suitable places for use by the public for bathing or for washing animals, or for washing or drying clothes or other material;

(b) specify the times at which and the sex of persons by whom such places may be used;

(c) prohibit, by public notice, the use by the public, tor any of the said purposes, of any place not so set apart; and

(d) charge fees for the use of such place by any specified class or classes of persons or by the public generally.

(a) steep in any bank, reservoir, stream, well, trough or ditch any animal, vegetable or mineral matter likely to render the water thereof, offensive or dangerous to health;

(b) while suffering from any contagious, infectious or loathsome disease, bath in or near any lake, tank, reservoir, fountain, cistern, duct, standpipe, stream, well or trough, or any part of a river within the limits of the Corporation or within five miles upstream from the Corporation boundary.

Chapter XVI

Water Supply

(a) construct and maintain waterworks and do all acts which may be necessary or expedient in connection with such construction or maintenance;

(b) purchase or take on lease any water work or any water or right to store water or to take and convey water; or

(c) enter into any arrangement with any person for the supply of water :

(a) wilfully or negligently injure or suffer to be injured wells, reservoirs, mains, pipes or other appliances for the supply of water under the management of control of the Corporation;

(b) draw off, divert or take any water from any municipal well, reservoir, main, or pipe, except in accordance with direction made in this behalf; or

(c) tamper with any meter under the management or control of the Corporation.

(a) open or keep open the valves of any water-works used for the supply of water to the public by any means other than the use of pressure by the hand; or

(b) having opened such valve, fail to close the same or leave the same open or tamper with any valve or hydrant not intended for the supply of water to the public.

(a) erect any building of any purpose whatever on any part of the area enclosed by the boundary-fence of any lake or reservoir from which supply of water is derived for a municipal water-work; or

(b) remove, alter-injure, damage or in any way interfere with the aforesaid boundary-fence.

(a) bathe in or near any water-works belonging to the corporation; or

(b) wash, throw, or cause any animal to enter into the water of such works; or

(c) throw any rubbish, dirt, filth or any other thing whatsoever into the water of such works;

(d) wash or cleanse therein any cloth, wool, leather or skin of any animal or any clothes or other things;

(e) cause the water of any sink, drain, steam engine, boiler or other filthy water belonging to him or under his control, to run, percolate or be brought, into any such waterworks or do any other act whereby the water in such works may be fouled or polluted or its quality altered.

Chapter XVII

General Provisions with Reference to Drainage, Water Supply and Water and other Mains

(a) require any Court-yard, alley or passage between two or more buildings to be paved by the owner or part-owner or owners or part-owners of such buildings with such materials and in such manner as may be approved by the Commissioner; and

(b) require such paving to be kept in proper repair.

(a) enter upon and pass through any land whether within or without the city adjacent to or in the vicinity of such a drainage or sewage scheme or such water-works in whomsoever such land may vest;

(b) alter giving not less than two days' written notice to the occupiers, cause to be conveyed into and through any such land, all necessary men, materials, tools and implements.

Chapter XVIII

Public Health and Safety

Regulation of Factories and Trades

(a) newly established; or

(b) remove from one place to another; or

(c) re-open or renew after discontinuance for a period not less than three years; or

(d) enlarge or extend the area, or dimensions of any factory, workshop or bakery in any area, other than an area set apart for the accommodation of industries by an Ad, for the time being in force or by any local authority,

(a) store or keep in premises any articles mentioned in any bye-laws made under this Act as dangerous or offensive, or as being, or likely to be a nuisance to the public, or dangerous to life, health or property;

(b) store or keep in any premises the hide or any part of the carcass of any animal afflicted at the time of its death with infectious or contagious disease; or

(c) carry on or allow to be carried on any premises any trade, manufacture, industry or operation mentioned in any bye-laws under this Act as dangerous to life, health or property or as likely to create a nuisance, either from its nature or by reason of the manner in which the conditions under which the same may be carried on :

(a) carrying on within the city the trade or operations of a farrier;

(b) keeping articles in excess of the maximum laid down for such articles by the bye-laws;

(c) keeping any article which, except for domestic purposes, is prohibited by any bye-laws;

(d) keeping m or upon any building used or intended to be used as a dwelling house or within fifteen feet of such building any quantity of cotton in excess of such quantity as may be prescribed by bye-laws in this behalf;

(e) keeping horses, cattle or other four-footed animals for sale or hire or for the sake of the produce thereof, or for any purpose for which any charge or remuneration is made or received;

(f) carrying on any of the prescribed trades or operations connected therewith, or any trade or operation which in the opinion of the Commissioner is dangerous to life, health or properly, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, it is carried on.

(a) wilfully cause or suffer to be brought or to flow into any lake, tank, reservoir,- cistern, well, duct or other place for storing water belonging to the Corporation, or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid; or

(b) wilfully do any act connected with such trade or manufacture whereby the water in any such lake, tank, reservoir, cistern, well duct or other place for storing water is fouled or corrupted.

Chapter XIX

Markets and Slaughter Places

(a) prohibit the manufacture, sale or preparation or exposure for sale, of any specified article of food or drink, in any place or premises not licenced by the Corporation;

(b) regulate the hours and manner of transport of any specified articles of food or drink within the City and prescribe the route by which such articles shall be carried;

(c) prohibit the sale of milk, butter, ghee, curd, meat, game, fish, and poultry by persons not licensed by the Corporation;

(d) prohibit the import by persons not licensed by the Corporation of milk, cream, butter, ghee, curd, meat, game, fish and poultry within the City for sale;

(e) provide for the grant and withdrawal of licences and the levying of fees thereof under this section :

(b) Any police officer may arrest without warrant any person bringing into the city any flesh in contravention of sub-clause (a).

(a) convey the carcass to the place fixed by the Corporation for the disposal of dead animals or to any place at least one mile beyond the limits of the city; or

(b) give notice of the death to the Commissioner who shall cause the carcass to be disposed of.

Chapter XX

Food, Drink, Drug and Dangerous Articles

(a) where any matter or ingredient not injurious to health has been added to any article of food or drink in order to facilitate the production or preparation of the same as an article of commerce in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure of the article or to conceal the inferior quality thereof; or

(b) where any article of food or drink is unavoidably mixed with some extraneous matter in the process of collection or preparation.

(a) carry on within the limits of the city the trade or business of a dealer in milk or milk products or of an importer, vendor or hawker of the same, or a dairyman; or

(b) use any place as a dairy or cattle pen or for the sale of milk or milk products.

(a) the Court shall, until the contrary is proved, presume that any animals, food, drink, drug or substitute therefor found in the possession of a person who is in the habit of selling that class of animal or of manufacturing, storing or selling such articles, was being kept, manufactured or stored for sale by such person;

(b) no such person shall plead that he was ignorant that the animal, foods, drink, drug or a substitute was diseased, unsound, unwholesome, unfit for human consumption or adultered or did not fulfill the conditions specified, or was substitute, as the case may be;

(c) no offence shall be deemed to have been committed where such person proves to the satisfaction of the Court that he obtained the food, drink, drug or substitute under a warranty from the person manufacturing it within the city or importing it within the same that the food, drink, drug or substitute had not been adulterated, or that it fulfilled the conditions specified or that it was not a substitute and that he had no reason to believe otherwise or had no reasonable ground for believing that by lapse of time or otherwise the warranty no longer held good.

Chapter XXI

On Restraint of Infection

(a) being a medical practitioner or a person openly and constantly becoming cognisant of the existence of any dangerous disease in any dwelling other than a public hospital; or

(b) being the owner or occupier of such dwelling and becoming cognisant of the existence of any such disease therein; or

(c) being the person in charge of, or in attendance on, any person suffering from any disease in such dwelling, and becoming cognisant of the existence of the disease therein :

(a) the removal shall be effected in such a way as to preserve her privacy;

(b) special accommodation suited to such custom shall be provided for her in such hospital or place;

(c) she shall, if she so desires, be treated therein by woman only; and

(d) her female relatives shall be allowed to remain with her.

(a) unless the Health Officer has disinfected the same and has granted a certificate to that effect; and

(b) until a date specified in such certificate as that on which the building or part may be occupied without causing risk of infection.

(a) free of charge; or

(b) in its discretion, on payment of such fees as it may from time to time fix in this behalf.

(a) previously notifying to the owner, driver, or person in charge of such conveyance that he or it is so infected; and

(b) taking proper precautions against the spreading of such disease.

(a) take such special measures; and

(b) by public notice, prescribe such temporary rules to be observed by the public or by any person or class of persons as it may deem necessary to prevent the outbreak of such diseases or the spread thereof.

Chapter XXII

Disposal of the Dead

(a) if it has never previously been lawfully used for the purpose; or

(b) if having been formerly so used it is no longer so used.

(a) make any vault, grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah, or any place of worship;

(b) make any interment or otherwise dispose of any corpse in tiny place which is closed for the disposal of the dead under Section 287; or

(c) build, dig or cause to be built or dug any grave or vault, or in any way dispose of or suffer or permit to be disposed of, tiny corpse, at any place other than a place for the disposal of the dead; or

(d) exhume any body from any place for the disposal of the dead, except under the provisions of Section 176 of the Code of Criminal Procedure, 1898, or of any other enactment for the time being in force.

Part-VI

Lands, Buildings and Streets

Chapter XXIII

Town Planning

(a) a direction that in any street, portion of a street or locality specified in the Scheme the elevation and construction of the frontage of all buildings thereafter erected or re-erected shall, in respect of their architectural features, be such as may be fixed for the locality; .

(b) a direction that in any street, portion of a street or locality specified in the scheme, there shall be allowed the construction only detached or semi-detached buildings or both, and that the land appurtenant to each building shall be of an area not less than that specified in the scheme;

(c) a direction that in any street, portion of a street or locality specified in the scheme, the construction of more than a specified number of houses on each acre of land shall not be allowed;

(d) a direction that in any street, portion of a street or locality specified in the scheme, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character or buildings designed for particular purpose shall not be allowed;

(e) a street line and a building line on either side or on both sides of any street existing or proposed;

(f) a standard plan, either for the division of land into building sites, or for the location of buildings with a building site;

(g) the amount of land which shall be transferred to the Corporation for public purposes and public streets by owners of land on payment of compensation;

(h) the prohibition of building operations permanently or temporarily when the reason of the situation or nature of the land, the erection of buildings thereon would be likely to involve danger or injury to health, or excessive expenditure of public money in the provision of roads, sewers, water-supply or other public services;

(i) regulating, in the interest of safety, the height and portion of proposed walls, fences or hedges near the corner or bends of streets;

(j) limiting the number of prescribing the sites of new roads entering a highway maintained by the government;

(k) regulating, in respect of the erectain of any building intended to be used for purposes of business or industry, the provision of accommodation for loading, unloading or fuelling vehicles with a view to prevention of obstruction of traffic on any highway; and

(l) a direction that in any street, portion of a street or locality specified in the scheme, the use of land for any purpose even though not involving the erection of building shall not be inconsistent with the provisions of this section with respect of buildings.

Chapter XXIII-A

Colonization

Chapter XXIV

Building Control

(i) erect or re-erect any building; or

(ii) commence to erect or re-erect any building; or

(iii) make any material external alteration to any building; or

(iv) construct or re-construct any projecting portion of a building which the Commissioner is empowered by Section 305 to require to be set back or is empowered to give permission to construct or re-construct;-

(a) unless the Commissioner has either by an order in writing granted permission or has failed to intimate within the prescribed period his refusal of permission for the erection or re-erection of the building or for the construction or re-construction of the projecting part of the building; or

(b) after the expiry of one year from the date of the said permission or such longer period as the Commissioner may allow or from the end of the prescribed period, as the case may be :

(a) an application in writing for approval of the site together with a site plan of the land; and in the case of land which is the property of the Government or of the Corporation, a certified copy of the documents authorising him to occupy the land, and if so required by the Commissioner the original document or documents; and

(b) an application in writing for permission to build together with a ground plan, elevation and section of the building and a specification of the work to be done.

(a) that the erection or re-erection of the proposed building on such site would be in contravention of a town-planning scheme under Section 291 or of any other provisions of this Act or of any other enactment for the time being in force; or

(b) that the site is in a portion within the limits of the City in which the position and direction of the streets have not been determined, and that the building which it is proposed to erect on such site will, in the opinion of the Commissioner, obstruct or interfere with the construction in future of suitable streets in such portion or with the drainage, water-supply or ventilation thereof:

(c) that the site has been re-claimed or used as a place for depositing sewage, offensive matter or rubbish or the carcasses of dead animals or is otherwise insanitary or dangerous to health; or

(d) that the site is in a portion within the limits of the city for which a town-planning scheme has not been sanctioned by the Government and that the building which it is proposed to erect or re-erect on such site will, in the opinion of the Commissioner, be likely to conflict in a manner, to be communicated in writing to the applicant, with the provisions of a town-planning scheme :

(a) if the plans and specifications submitted with the application show that such building is not in accordance with the town-planning scheme sanctioned under Section 291, or with any provision of this Act, or any rule or bye-law made thereunder, or any provision of any law for the time being in force; or

(a-1) if in his opinion the erection or re-erection of such building would be a nuisance or injurious to the inhabitants of the neighbourhood to the public; or

(b) unless and until any plans, specifications or particulars called for by him are supplied.

(i) erects or re-erects any buildings; or

(ii) makes any material external alteration in or addition to any existing building; or

(iii) constructs or re-constructs any projecting portion of a building which the Commissioner is empowered under Section 305 require to be set back or is empowered to give permission to construct or re-construct;

(a) give permission for the occupation of the building erected or for the use of the part of the building re-erected: or

(b) refuse such permission in case such erection, construction or re-construction is in contravention of any provision of this Act or any rule or bye-law made thereunder or any other enactment for the time being in force.

(a) until the permission referred to in clause (a) of sub-section (3) has been granted in the manner prescribed by bye-laws;

(b) unless the Commissioner has failed for fifteen days after the receipt of notice of completion to intimate his refusal to grant the said permission.

(a) if the projecting part is a verandah, step or some other structure external to the main building, then at any time; or

(b) if the projecting part is not such external structure as aforesaid, then whenever the greater portion of such building or whenever any material portion of such projecting part has been taken down or burned down or has fallen down, require by notice either that the part or some portion of the part projecting beyond the regular line or beyond the front of the immediate adjoining building, shall be removed, or that such building when being rebuilt shall be set back to or towards the said line or front; and the portion of land added to the street by such selling back or removal shall henceforth be deemed to be part of the public street and shall vest in the Corporation :

(a) without any sanction as required by Section 293 (1); or

(b) when sanction has been refused; or

(c) in contravention of the terms of any sanction granted; or

(d) when sanction has lapsed under Section 300,

(a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down; or

(b) shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.

(h) such construction does not come within the area of any mullah and water stream :]