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The Chhattisgarh Municipalities Act, 1961

Act No. 37 of 1961

Last Updated 1st November, 2019 [cg109]

Preamble

Chapter I

Preliminary

(i) all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area Committees constituted, Committees or sub-Committees constituted, or appointed, limits defined, appointments, rules, orders and bye-laws made, notifications and notices issued, taxes imposed or assessed, fees fixed, contracts entered into, suits instituted and proceeding undertaken or any other things done or action taken under the said Acts or any enactment thereby repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed to have been respectively constituted, appointed, defined, made, issued, imposed or assessed, fixed, entered into, instituted, undertaken, done or taken under this Act.

[(ii) The Committees, Councils, Boards and sub-Committees referred to in sub-clause (i) and the Presidents, Vice-Presidents, Presiding Officers by whatever designation known, members and Councillors thereof shall continue to function until the expiry of their respective terms under the repealed Act applicable to them before the commencement of this Act, and any vacancy, including a casual vacancy, in the office of the President, Vice-President, other Presiding Officer, member or Councillor, as the case may be, in any of the said bodies, occurring before the expiry of the term of the body concerned, may be filled in the manner provided in such repealed Act and the rules made thereunder:

(e) subject to the provisions of clauses (a) and (d) above, the term of Councillors or members shall not extend beyond the term of the Committee, Council or the Board, as the case may be, as specified in clause (b) or clause (c);]

(iii) any action initiated for recovery of taxes under the said Acts or any enactments thereby repealed shall be continued in accordance with the provisions thereof;

(iv) (a) all employees belonging to or under the control of the bodies mentioned in clause (i) immediately before the commencement of this Act shall be deemed to be the employees of the Councils under this Act;

(b) the conditions of service including the salary, allowances, gratuity, annuity, pensions and other payments required to be made in accordance with the conditions of service existing in respect of the employees of the said bodies immediately before the commencement of this Act shall be deemed to be their conditions of service including the salary, allowances, gratuity, annuity, pensions and other payments required to be made in accordance with the conditions of service under this Act until altered in accordance with the provisions of this Act or the rules made thereunder.

Chapter II

Constitution of Municipalities

(1) "assessment list" means any municipal assessment register prepared and maintained in accordance with the provisions of this Act or rules made thereunder and includes any register subsidiary thereto;

[(1-a) "Balance Sheet" means the balance sheet prepared under Section 120-B;]

(2) "building" includes a hut, shed or other enclosure whether used as a human dwelling or otherwise, and shall include wells, walls, verandahs, fixed platforms, plinths, doorsteps and the like but shall not include a tent or a temporary shed erected on ceremonial or festival occasions;

(3) "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;

(4) "bye-law" means a bye-law made in exercise of a power conferred by this Act;

(5) "Chief Municipal Officer" means the Chief Municipal Officer for the Council appointed under Section 87 or 89 and includes any municipal officer empowered under this Act to exercise, perform or discharge any of the powers, duties or functions of the Chief Municipal Officer to the extent to which such officer is so empowered;

[(5-a) "Committee", means a Committee constituted under this Act;]

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

[(5-c) "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;

(6) "Corrupt practice" means any of the practices specified in Section 28;

(7) "Councillor" means any person who is legally a member of a Council;

[(8) "Council" means Municipal Council or Nagar Panchayat constituted by or under this Act;]

(9) "Conservancy" means the removal and disposal of sewage, offensive matter and rubbish;

(10) "drain" includes a sewer, funnel, 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, rain water or subsoil 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;

[(10-a) "district" means a district as construed in the Chhattisgarh Land Revenue Code, 1959;]

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

[(10-c) "Economically Weaker Section" means the group of persons so specified by the State Government from time to time;]

(11) "erect or re-erect any building" includes-

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

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

(iii) the conversion of one or more places of human habitation into a greater number of such places;

(iv) the conversion of two or more places of human habitation into a lesser number of such places;

(v) such alterations of building as effect a change in its drainage or sanitary arrangements or materially effect its security; and

(vi) the addition of any rooms, buildings, out-houses or other structures to any buildings;

[(11-a) the expression "essential service" means the service in connection with the municipal firebrigade, the municipal air compressor, the pumping stations, drainage conservancy or water supply of the municipality and any such other service as may be notified by the State Government and the expression "essential municipal officer or servant" means every person employed in the essential service;]

(12) "explosive" and "petroleum" shall have the meanings assigned to them in the Indian Explosives Act, 1884 (IV of 1884), and the Petroleum Act, 1934 (XXX of 1934), respectively;

(13) "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; and

(b) any flavouring matter or condiments;

(14) "house gully" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleansing thereof or in the removal of such matter therefrom;

(15) "Inhabitant" includes any person ordinarily residing or carrying on business, or owning or occupying immovable property in any municipality or in any local area which the State Government has, by notification, proposed to declare to be a municipality;

(16) "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 covered with water;

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

(17) "market" or "Bazar" means-

(a) a place where persons assemble for the sale of meat, fish, fruit, vegetables, live-stock or any other articles 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 to in sub-clause (a) where there is a collection of shops, or warehouses or stalls;

[(18) "Municipality" means a Municipal Council or a Nagar Panchayat constituted under Section 5 of the Act;]

[(18-a) "Municipal area" means the smaller urban area or the transitional area, as the Governor may, by public notification, specify, in accordance with the provisions laid down in Section 5 of this Act;]

(19) "municipal drain" means a drain vested in a Council;

(20) "municipal market" means a market vested in or managed by a Council;

(21) "municipal slaughter-house" means a slaughter-house vested in or managed by a Council;

(22) "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;

(23) "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;

(24) "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;

(25) "offensive matter" includes animal carcasses, dung, dirt, or putrid or putrifying substances and filth of any kind which is not included in "sewage" as defined in this section;

[(25-a) "Population" means the population as ascertained at the last preceding census of which the relevant figures have been published;]

(26) "prescribed authority" means an authority which the State Government may, by notification, generally or with respect to any provision of this act, declare to be a prescribed authority;

(27) "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 Council or not;

(28) "public street" means any street-

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

(b) which has 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; and includes-

(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;

(29) "Private street" means a street which is not a "public street".

(30) "privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and the fitting and apparatus, if any, connected therewith, and including a closet of the dry type, and aqua privy, a latrine and urinal;

(31) "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 a defined in this section;

(32) "regular line of the street" means the line dividing the land comprised in and forming part of street from the adjoining land and includes any proposed alignment;

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

(34) "sewer" includes a drain, a house drain or a drain of any other description and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain water, or sub-soil water;

(35) "Slaughter-house" means any place used for the slaughter of cattle, sheep, goats, kids or pigs;

[(35-a) "State Election Commission" means the State Election Commission constituted under Article 243-K of the Constitution;]

[(35-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;]

(36) "street" means any road, foot-way, square, court, alley or passage, accessible, whether permanently or temporarily to the public, whether a thorough-fare or not;

[(37) "Tax" includes any toll rate, cess, fee or other impost leviable or levied under this Act;]

[(37-a) "user charges" means the charges imposed under Section 127-B for services rendered or are prepared to be rendered by the Council or Nagar Panchayat, as the case may be;]

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

(39) [* * *]

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

(a) in a conspicuous place in the office of the Collector;

(b) in a conspicuous place in the office of the Municipality, if any, affected by the notification; and

(c) in such conspicuous place in the area affected by the notification as the Collector may deem fit.

(a) the Town Area Committee or the Panchayat, as the case may be, shall cease to exist;

(b) there shall be constituted a Committee in accordance with the provision of Section 15 to exercise the powers of the Council pending its constitution;

(c) the unexpanded balance of the Town Area Fund or the Panchayat Fund and the property (including arrears of rates, taxes, rents and fees) belonging to the Town Area Committee or the Panchayat and all rights and powers which prior to such notification were and vested in the Town Area Committee or the Panchayat shall, subject to all charges and liabilities affecting the same vest in the Committee until a Council is constituted under this Act;

(d) any appointment, notification/notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Bhopal State Town Area Act, 1954 (XIV of 1954), or the Panchayat Law before the specified date in respect of such local area shall, so far as it is not inconsistent with the provisions of this Act, continue to be in force and be deemed to have been made, issued, imposed or granted in respect of the Municipality until it is superseded or modified by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under this Act;

(e) all budget estimates, assessment list, valuation or measurement made or authenticated under the Bhopal State Town Area Act, 1954 (XIV of 1954), or the Panchayat Law immediately before the specified date and in respect of the local area shall be deemed to have been made or authenticated under this Act;

(f) all debts or obligations incurred and all contracts made by or on behalf of the Town Area Committee or Panchayat immediately before the specified date and subsisting on the specified date shall be deemed to have been incurred and made by the Council in exercise of the powers conferred under this Act;

(g) all officers and servants in the employ of the Town Area Committee or Panchayat as the case may be, immediately before the specified date shall be officers and servants of the Council under this Act and shall, until other provisions are made in accordance with the provisions of this Act, receive salary and allowances and be subject to conditions of service to which they were entitled or subject immediately before such date:

(h) all proceedings pending immediately before the specified date before the Town Area Committee or Panchayat or any other authority, as the case may be, shall be deemed to be transferred to and continued by the Council or such authority;

(i) all appeals pending immediately before the specified date before the Town Area Committee or the Panchayat or any other authority, shall so far as may be practicable, be disposed of as if such local area had not become a Municipality when they were filed;

(j) all prosecutions instituted by, or on behalf of the Town Area Committee, or the Panchayat and all suits and legal proceedings instituted by, or against, such Town Area Committee or Panchayat pending on the specified date shall be continued by or against the Council as if such local area had not become a Municipality when such suits or proceedings were instituted;

[(k) on the application of this Act to any area under sub-section (3) of Section 1, the authority or any institution if performing the Municipal functions shall cease to perform such functions and all assets and liabilities of such authority or institution shall vest in the Municipal Council or Nagar Panchayat, as the case may be, constituted under this Act.]

(a) all notifications, rules, bye-laws, orders, directions, notices and powers made, issued or conferred under this Act shall cease to apply thereto; and

(b) the State Government shall frame a scheme determining what portion of the balance of the Municipal fund and all other property vested in the Council shall, on such exclusion, vest-

(i) where such area is included within the limits of any other local authority, in such local authority; and

(ii) in any other case, in the State Government;

(a) by any candidate at such election or [nomination]; or

(b) (i) in the case of an election of a Councillor, by any voter of the ward concerned;

(ii) in the case of a [nomination] of Councillor, by any Councillor;

[(iii) in the case of election of President by any voter of the Municipal area,]

(i) it is presented within thirty days from the date on which the result of such election or [nomination] was notified in the Gazette; and

(ii) it is a accompanied by a Government Treasury receipt showing a deposit of two hundred rupees, in the case of [election or nomination to municipal Councils] and one hundred rupee, in the case of [election or nomination to Nagar Panchayats].

(a) where the petitioner, in addition to claiming a declaration that the election or [nomination], as the case: may be, of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected or [nominated], all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; and

(b) any other candidate against whom allegations of any corrupt practice are made in the petition.

(a) contain a concise statement of the material facts on which the petitioner relies;

(b) set forth with sufficient particulars, the ground or grounds on which the election or [nomination] is called in question;

(c) be signed by the petitioner and verified in the manner prescribed in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.

(a) a declaration that the election or [nomination] of all or any of the returned candidates is void; and

(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.

(a) that on the date of his election or [nomination] a returned candidate was not qualified or was disqualified, to be chosen as a [President or a Councillor], or

(b) that any corrupt practice has been committed by returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or

(c) that any nomination paper has been improperly rejected; or

(d) that the result of the election or [nomination], in so far as it concerns a returned candidate, has been materially affected-

(i) by the improper acceptance of any nomination; or

(ii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or

(iii) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder save the rules framed under [Section 32] in so far as they relate to preparation and revision of list of voters;

(a) that no such corrupt practice was committed at the election or [nomination] by the candidate and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate;

(b) that the candidate took all reasonable means for preventing the commission of corrupt practice at the election or [nomination]; and

(c) that in all other respects the election or [nomination] was free from any corrupt practice on the part of the candidate or any of his agents;

(a) dismissing the election petition; or

(b) declaring the election or [nomination] of all or any of the returned candidates to be void; or

(c) declaring the election or [nomination] of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected or [nominated]

(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or

(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes;

(a) where any charge is made in the petition of any corrupt practice having been committed at the election or [nomination] regarding-

(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or [nomination] and the nature of that corrupt practice; and

(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and

(b) fixing the total amount of costs payable, and specifying the person by and to whom costs shall be paid;

(a) he has been given notice to appear before the Judge and show cause why he should not be so named; and

(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Judge and has given evidence against him, of calling evidence in his defence and of being heard.

(a) that the decision is contrary to law;

(b) that the Judge has exercised jurisdiction not vested in him by law or has failed to exercise a jurisdiction vested in him by law;

(i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);

(ii) Undue influence as defined in clause (2) of Section 123 of the Representation of the People Act, 1951 (43 of 1951);

(iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to; religious symbols, or the use of or appeal to, national symbol, such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election [* * *];

(iv) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election [* * *];

(v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of the candidate or his election agent for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:

(vi) The holding of any meeting in which intoxicating liquors are served;

(vii) The issuing of any circular, playcard or poster having a reference to the election or selection which does not bear the name and address of the printer and publisher thereof;

[(vii-a) the incurring or authorising of expenditure in contravention of Section 32-A;]

(viii) Any other practice which the State Government may prescribe by rules to be a corrupt practice.

(a) becomes disqualified under sub-section (1) of Section 31 and his name is struck off from the electoral roll under sub-section (1-A) of that section; or

(b) becomes subject to any of the disqualifications specified in Section 35 and such disqualification is not removable or being removable is not removed; or

(c) absents himself during six consecutive months from the meetings of the Council, except with the leave of the Council; or

[(cc) becomes disqualified for being chosen as and for being a President or Councillor under Section 32-C;]

(d) becomes incapable of acting; or

(e) acts as [President or Councillor] 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 (i) of Section 35; or

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

[(ee) [* * *];]

(f) fails to pay any arrears of any kind due by him to the Council on a demand made therefor under Section 53, within the period specified therein;

(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) to preside, unless prevented by reasonable cause, at all meetings of the Council, and subject to provisions of the rules for the time being in force to regulate the conduct of business at such meeting.

(b) to watch over the financial and executive administration of the Council and perform such executive functions as may be allotted to him by or under this Act;

(c) to exercise supervision and control over the acts and proceedings of all officers and servants of the Council in matters of executive administration and in matters concerning the accounts and records of the Council;

(d) to direct, in cases of emergency, the execution or stoppage of any work or the doing of any act which requires the sanction of the Council, and the immediate execution or doing of which is, in his opinion necessary for the service or safety of the public, and that the expenses incurred in the execution of such work or doing of such act shall be paid from the municipal fund:

(a) he shall not act under clause (d) in contravention of any order of the Council prohibiting the execution of any particular work or the doing of any particular act; and

(b) he shall report forthwith the action taken under clause (d) and the reasons therefor to the [President-in-Council] at its next meeting.

(a) in the absence of the President and unless prevented by reasonable cause, to preside, at the meetings of the Council and he shall when so presiding exercise the same authority as is vested in the President under clause (a) of sub-section (1) of Section 51;

(b) to exercise such of the powers and perform such of the duties of the President as the President may, from time to time, delegate to him; and

[(c) during the absence of the President, other than casual vacancy, to exercise the powers and perform the duties of the President]

(a) draw up a list of all Councillors who have failed to pay any tax due by them to the Council 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 to the prescribed authority.

Chapter III

Conduct of Business

(1) Within fifteen days from the expiration of each calendar quarter, the Chief Municipal Officer shall-

(a) draw up a list of all Councillors who have failed to pay any tax due by them to the Council 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 to the prescribed authority.

(2) If on the receipt of the notice referred to in sub-section (1), the Councillor fails to pay within the time specified in clause (b) of sub-section (1) the arrears of any tax specified in the notice, he shall, subject to the provisions of Section 35, cease to be a Councillor and his office shall become vacant and shall be disqualified for further election, [or nomination] to such office until the arrears due by him are paid.

(3) The State Government may make rules under this Act, providing for all matters connected with the administration of this section.

(i) the name of the Councillors present;

(ii) the decision of meeting on every question considered; and

(iii) when such decision is not unanimous, the number of votes and the names of Councillors voting for and against such question and the names of those who have remained neutral, whether votes have been taken by division or otherwise.

(a) shall be posted in the Municipal Office on the day on which the meeting is adjourned and such posting shall be deemed sufficient notice of the next ensuing meeting to the Councillors who were present in the meeting;

(b) shall be served on the Councillors who were not present in the meeting but where such adjournment not after a period exceeding twenty-four hours, it shall not be necessary to serve such notice and the posting of the notice in the Municipal Office as aforesaid, shall be deemed as sufficient notice of the next ensuing meeting.

(a) join with any other Council or with any local authority or with more than one such local authorities.-

(i) in appointing out of their respective bodies, a joint Committee for any purpose in which they are jointly interested, and in appointing a Chairman of the joint Committee;

(ii) in delegation to any such joint Committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and in delegating any power which might be exercised by either or any of such bodies; and

(iii) in framing and modifying bye-laws for regulating the proceedings of any such joint Committee relating to the purpose for which the joint Committee is appointed; and

(b) enter, subject to the sanction of the State Government, into any agreement with any other local authority, regarding the levy of octroi duty, terminal tax and tax on vehicles entering the limits of such bodies, whereby such duties and taxes leviable by the bodies so contracting may be levied together instead of separately, within the limits of the area comprising the areas subject to the authority of such bodies, and regarding the apportionment of the proceeds of such duties or taxes.

(i) every meeting of the Council or any of its Committees 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 the [President-in-Council] 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

Chief Municipal Officer and Staff of Municipality

(a) State Municipal Service (Executive);

(b) State Municipal Service (Health); and

(c) State Municipal Service (Engineering).

(a) subject to the general control of the President, watch over the financial and executive administration of the Council and perform all the duties and exercise all the powers specially imposed or conferred upon him, by or delegated to him, under this Act;

(b) give effect to the decisions taken, in accordance with the provisions of this Act and the rules or bye-laws made thereunder by the Council and submit periodical reports, if the Council so directs, regarding the progress made in respect thereto.

(a) to produce any record, correspondence, plan or other documents which is in his possession or under his control as Chief Municipal Officer 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;

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

(i) in case of any Council, relax the provisions of sub-section (1) or sub-section (2), as the case may be, subject to such conditions as it may think fit to impose; or

(ii) grant permission to any Council to appoint whether temporarily or otherwise one person to discharge the duties of any two or all such officers.

(a) except in accordance with a special or general order of the Council, communicate directly or indirectly the contents of any official documents or information to any member of the Council or to any member of the general public;

(b) own, wholly or in part, or conduct the management of any newspaper or other periodical publication except in the discharge of his official duties;

(c) take part in or subscribe in aid of or assist in any way, any political movement or organisation carried on or run in any part of India or elsewhere relating to the affairs of India;

(d) canvas or otherwise interfere or use his influence in connection with, or take part in any election to a legislative body or local authority otherwise than in the exercise of his vote or in the discharge of any duty assigned to him officially.

(a) has, directly or indirectly, by himself or his partner, any share or interest in any contract or employment with by, or on behalf of the Council, other than an interest in land held on a lease from the Council, 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.

Chapter V

Property, Contracts and Liabilities

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

(b) all public streams, tanks, reservoirs, cisterns, wells, springs, aqueducts, conduits, tunnels, pipes, pumps and other water works, and all bridges, buildings, engines, works, materials and things connected with or appertaining thereto, and also adjacent land not being private property, appertaining to any public tank or well;

(c) all public sewers and drains and all sewers, drains, tunnels, culverts, gutters and water courses in, alongside or under any streets and all works, materials and things appertaining thereto;

(d) all dust, dirt, dung, ashes, refuse, animal matter, filth, night-soil or rubbish of any kind collected by the Council or by any customary or private sweeper from the streets, houses, privies, sewers, cesspools or elsewhere;

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

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

(g) all lands and/or other property transferred to the Council by the State Government or acquired by gift, purchase or otherwise, for public purpose.

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

(b) the balance, if any, standing at the commencement of this Act at the credit of the Municipal fund;

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

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

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

(f) all fees payable and levied under this Act;

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

(h) all moneys received by, or on behalf of, the Council from the State Government or private individuals by way of grant or gift or deposits; and

(i) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Council.

(a) to incur expenditure beyond the Municipal limits on the acquisition of land, or on the construction, maintenance or repair of works, for the purpose of obtaining a supply of water required for the inhabitants of the Municipality or on providing the supply of electrical energy for the use of the inhabitants of the said Municipality or on establishing slaughter-houses or places for the disposal of night soil or sewage or carcasses of animals or for the drainage works, or for the purpose of providing mechanically propelled transport facilities for the conveyance of the public for the purpose of setting up of the dairies or farms for the supply, distribution and procuring of milk or milk products for the benefit of the inhabitants of the Municipalities or for any other purpose calculated to promote the health, safety or convenience of the inhabitants of the said Municipality; or

(b) to make a contribution towards expenditure incurred by any other local authority or out of any public fund for measures affecting the health, instruction, safety or convenience of the public calculating to benefit the residents within the limits of the contributing Municipality; or

(c) to create scholarship tenable outside the limits of the Municipality; or

(d) to utilise the Municipal fire brigade and other mechanical appliance beyond the Municipal limits; or

(e) to make with previous sanction of the State Government, any other kind of contribution as may be deemed necessary by the Council;

(a) to supply or extend to or for the benefit of any person or building or lands in any place, whether such place is or is not within the limits of the said Municipality, any quantity of water or electrical energy not required for the purpose of this Act within the said Municipality or the advantages afforded by the system of drainage-works, on such terms and conditions with regard to payment and to the continuance or such supply or advantages as shall be settled by agreement between the Council and such persons or occupier or owner of such buildings or land, or

(b) to incur any expenditure on such terms with regard to payment as may be settled as aforesaid for the construction, maintenance repair or charge of any connection pipe or any electric supply lines or other works necessary for the purpose of such supply or for the extension of such advantages.

(b) with the sanction of the [President-in Council], the Chief Municipal Officer 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 one thousand five hundred rupees.

(c) with the sanction of the Council, the Chief Municipal Officer may lease, sell or otherwise convey any immovable property belonging to the Council.

(i) no property vesting in the Council in trust shall be leased, sold or otherwise conveyed in a manner that is likely to prejudicially effect the purpose of the trust subject to which such property is held;

(ii) no land exceeding fifty thousand rupees in value shall be sold or otherwise conveyed without the previous sanction of the State Government and every sale or other conveyance of property vesting in the Council 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.]

(i) no loan shall be raised without the previous sanction of the State Government; and

(ii) the terms upon, the period within and the method by which the loan is to be raised and repaid, shall be subject to the approval of the State Government.

(a) recommended by the Finance Committee or the [President-in-Council], as the case may be; or

(b) prepared by the Chief Municipal Officer, if the Finance Committee or [President-in-Council] has not considered the budget estimates,

(a) on buildings and lands which are exempted from property tax at a rate as determined by the Council subject to a minimum and maximum rate as may be prescribed by the State Government;

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

(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 Council agency;

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

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

(d) a tax payable by the owners on all or any vehicles or animals used for riding, driving draught or burden or on dogs, where such vehicles, animals or dogs are used within the city, whether they are actually kept within the city or not;

(e) a toll on vehicles and animals used as aforesaid entering the city but not liable to taxation under clause (d);

(f) fees 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 Council;

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

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

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

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

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

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

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

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

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

(i) the Union Government;

(ii) the State Government;

(iii) the Council;

[(b) All kachcha dwelling units having country tile (Kawelu) roof and measuring not more than 500 square feet, and all buildings and lands belonging to or occupied by the urban poor sections as may be exempted by the Government through notification;]

[(c) educational institutions of Government of India, State Government Council or Nagar Panchayats as the case may be, 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 Council or Nagar Panchayats as the case may be in accordance with norms that may be prescribed by the State Government;]

(d) public parks and play grounds 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, dharamshalas, 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 dead:

(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 subject to physical or mental 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 fighters and 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.]

[(j) [* * *]]

(2) Assessment and its liability

(a) the name of the street or division in which the property is situated;

(b) description of the property sufficient for identification;

(c) the name of the owner or occupier, if known;

(d) the valuation based on capital or annual letting value, as the case may be, on which the property is assessed;

(e) the rate of tax applicable;

(f) the amount of tax assessed thereon;

(g) if the property is exempted from tax, a note to that effect.

(i) for the purposes of all Municipal taxes of valuation, or annual letting value on the basis prescribed in the rule regulating the tax, of buildings, lands and both buildings and lands to which such entries respectively refer; and

(ii) for the purposes of the tax for which such assessment list has been prepared; of the amount of the tax leviable on such buildings or lands or both buildings and lands in any official year in which such list is in force.

(a) property situated in any Municipal area;

(b) property not situated in any Municipal area.

(a) the State Government shall take into consideration any objection which the Council or any inhabitant of the Municipality may make against the imposition or enhancement of such tax;

(b) it shall not be lawful for the Council to abandon or modify or to abolish such tax when imposed, without the sanction of the State Government;

(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 thereupon cease or be modified accordingly.

Chapter VIII

Recovery of Municipal Claims

(a) which, by or under any provisions of this Act, is declared to be recoverable in the manner provided by this Chapter; or

(b) which, not being leviable under sub-section (1) of Section 157 or payable on demand on account of an octroi or a toll, is claimable as an amount or installment on account of any other tax which is being imposed or may hereafter be imposed in any Municipality; or

(c) which, on account of rent of any Municipal land, buildings, shops, gumtis or any other property;

(a) the period for which; and

(b) the property, occupation or thing in respect of which the sum is claimed, and shall also give notice of-

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

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

(a) pay the sum claimed as due in the bill; or

(b) show cause to the satisfaction of the Chief Municipal Officer or of such officer as the Council may appoint in this behalf, why he should not pay the same; or

(c) prefer an appeal in accordance with the provisions of Section 172 against the claims;

(a) the necessary wearing apparel and bedding of the defaulter, his wife and children and utensils used for cooking and drinking;

(b) the tools of artisans;

(c) 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;

(d) books of account;

(e) religious books and idols of worship.

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

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

(a) where the property is in the Municipality, to an officer of the Municipality;

(b) where the property is in another Municipality, to the Chief Municipal Officer of such Municipality;

(c) where the property is within the limits of a Municipal Corporation, to the Municipal Commissioner of such Corporation;

(d) where the property is in a Cantonment, to be Chief Officer of the Cantonment;

(e) where the property is not within the limits of a Corporation, Municipality or Cantonment, to a Government officer not below the rank of a Tahsildar:

(a) the following property shall not be destrained:-

(i) the necessary wearing apparel and bedding of the defaulter, his wife and children, and utensils used for cooking and drinking;

(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;

(iv) book of account;

(v) religious books and idols of worship;

(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 articles have been distrained which, in the opinion of the Chief Municipal Officer or of the persons to whom the warrant was addressed, should not have been so distrained, they shall forthwith be returned to the person from whom it was distrained;

(c) the officer shall on distraining or attaching the property forthwith make an inventory thereof, and give to the person in possession thereof at the time of distress or attachment, a written notice in the form prescribed by rules that the said property will be sold as shall be specified in such notice;

(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 fixed on a conspicuous part of the property and upon a conspicuous part of the Municipal office and also when the property is land paying revenue to the State Government, in the office of the Tahsildar of the tahsil in which the land is situate;

(e) any transfer of, or charge on, the property attached or of any interest therein made without the written permission of the Council shall be void as against all claims of the Council enforceable under the attachment

(a) every notice issued under Section 164;

(b) every warrant issued under sub-section (1) of Section 167, or distress or attachment made under sub-section (4) of the said section;

(c) the maintenance of any live-stock seized under sub-section (4) of Section 167;

(a) the appeal is brought within 15 days next after presentation of the bill complained of;

(b) an application, in writing, stating the ground on which the claim of Council is disputed, has been made to the Council in the case of a rate on building or land within the time fixed in the notice given in accordance with the provisions of this Act or the rules made thereunder or of the assessment or alteration thereof, according to which the bill is prepared;

(c) the amount claimed from the appellant has been deposited by him in the Municipal Office.

Chapter IX

Municipal Powers and Offences

(1) Powers in respect of Streets.

(a) lay out or make new public street; or

(b) widen, open, enlarge or otherwise improve any public street and construct tunnels and other works subsidiary to such streets; or

(c) divert, discontinue or close permanently any public street; or

(d) sell or lease the land forming such street or any part thereof or acquired for the purpose of forming such street, if not required for the purpose of such street or for any other purposes of this Act:

(a) to sell or lease out any land, subject to a covenant or agreement on the part of a purchaser or lessee, to erect buildings thereon;

(b) to divide land, whether unbuilt or partly built, into building plots;

(c) to use any land or a portion thereof or permit the same to be used for building purposes; or

(d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not;

(a) within two months from the receipt of the notice given under subsection (1), the Council fails to-

(i) pass orders under the said sub-section and to serve notice thereof; or

(ii) issue a provisional order or demand further particulars under sub-section (2); or

(b) the Council having issued such demand for, and having received in accordance with the demand such further particulars, fails to issue further orders within one month from the receipt of such particulars;

(i) no person shall, except in accordance with the provisions of this Act, construct or reconstruct and building or portion thereof within such line;

(ii) all open land or lands consisting of Khandher lying within such line shall be deemed to be part of the public street and shall vest in the Council.

(a) shall direct that the construction of the building be stopped;

(b) may, by written notice, require such building or portion thereof to be altered or demolished in accordance with the provisions of such notice within such reasonable time as may be specified therein.

(2) Powers to regulate buildings/etc.

(a) if the projecting part thereof is a verandah, step or some other structure external to the main building 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 burnt down or has fallen down;

(a) a provisional order directing that for a period not exceeding one month from the issue thereof the intended work shall not be proceeded with; or

(b) may demand further particulars.

(a) in case the Council, within one month from the receipt of such notice, has neither-

(i) passed orders under sub-section (3) and served notice thereof in respect of the intended work; nor

(ii) issued under sub-section (5) any provisional order or any demand for further particulars;

(b) in case the Council having issued such demand for and having received such further particulars, has issued no further orders within one month from the receipt of such particulars.

(a) any material alteration, enlargement or reconstruction of any building or of any wall, including compound wall and fencing verandah, fixed platform, plinth door-step or the like, whether constituting part of a building or not;

(b) the conversion into a place for human habitation of any building not originally constructed for human habitation;

(c) the conversion into more than one place for human habitation of a building originally constructed as one such place;

(d) the conversion of two or more places of human habitation into a greater number of such places;

(e) such alteration of the internal arrangement of a building, as affect its drainage, ventilation or other sanitary arrangement or its security or stability; and

(f) the addition of any rooms, buildings or their structures to any building;

(a) if the property is acquired and no agreement is arrived at, as regards the amount of compensation payable to the person giving notice of his intention to construct a building, the same shall be determined in accordance with the provisions of this Act, regard being had to the likely benefit which would have accrued to such person if the permission had not been refused;

(b) if within a period of four months from the date of resolution of the Council proposing to acquire the land,-

(i) the land is not acquired by the Council by agreement; or

(ii) an application has not been made to the State Government for the institution of proceedings for compulsory acquisition under the provisions of the Land Acquisition Act, 1894 (1 of 1894); or

(iii) if the Council abandons the proposal to acquire the land; the notice given under Section 187 shall be deemed to have been received with effect from the date on which the said period of four months expires, or with effect from the date on which the decision of the Council to abandon the proposal is arrived at, as the case may;

(c) a decision in the matter shall be communicated to the person giving notice within fifteen days from the date of the decision; and the notice shall be dealt with as if the Council had not passed a resolution to acquire the land;

(d) the Council shall be liable to pay compensation to the said person in respect of the loss which he may prove to have incurred by reason of refusal by the Council to grant the permission:

(i) erects or re-erects any building; 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 Council is empowered under Section 184 to require to be set back or is empowered to give permission to construct or reconstruct;

(a) insufficient ventilation or the manner in which such huts or sheds are crowded together; or

(b) the want of a plinth or sufficient drainage; or

(c) the impracticability of scavenging, attended with risk of disease to the persons residing in such huts or in the neighbourhood thereof;

(3) Powers regarding external structures, etc.

(b) Notwithstanding any proceedings which may be taken under clause (a), the Council may, by written notice, require the owner or occupier of any such building to remove or alter any such projection which has been constructed either without or contrary in any manner to, the permission or order given or issued by or on behalf of the Council.

(a) over hangs or juts into or in any way projects or encroaches upon any public street, so as to be an obstruction to safe and convenient passage along such street; or

(b) projects and encroaches into or upon any uncovered aqueduct, drain or sewer in such street so as to obstruct or interfere with such aqueduct, drain or sewer, or the proper working thereof:

(a) who without the permission, in writing, of the Council affixes on the Municipal property any poster, bill, placard or any other paper or means of advertisement against or upon any building, wall, board, fence or pole, post, lamp-post or the like; or

(b) who without such consent as aforesaid writes upon, soils, defaces or marks any such building, wall, board, fence or pole with chalk or paint or in any other way whatsoever,

(4) Powers connected with drainage, etc.

(a) some drain or sewer, if there be a suitable drain or sewer within 50 feet of any part of such building or land; or

(b) a covered cesspool to be provided by such owner as approved by the Council.

(a) a drain be constructed of such size, materials and description, at such level, and with such fall, as shall appear to the Council to be necessary for the effectual drainage of such building;

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

(a) for the construction or connection of the drain, as may be authorised by the said order;

(b) for renewing, repairing or altering the same as may be necessary from time to time; or

(c) for discharging any responsibility attaching to him under the term of the order as to maintaining, repairing, flushing, cleaning or emptying the said drain or any part thereof.

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

(b) fill in, re-instate and make good at his own cost and with the least practicable delay the ground or any 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) after such land became part of a Municipality; and

(b) either without the consent or contrary to the orders, directions or general regulations or bye-laws of the Municipality, or contrary to the provisions of any enactment in force at the time when it was constructed, rebuilt or unstopped;

(5) Powers in respect of water supply.

(a) to keep and maintain any such source of water supply other than a stream, in good repair; or

(b) to cleanse any such source of water supply from silt, refuse and decaying vegetation; or

(c) to protect any such source of water Supply from pollution by surface drainage in such manner as the Council may direct; or

(d) to repair, protect or enclose in such manner as the Council may approve, any such source of water supply other than stream in its natural flow, if for want of sufficient repair, protection or enclosure, such source of water supply is in the opinion of the Council dangerous to health or safety of the public or any person having occasion to use or pass or approach the same; or

(e) to desist from using and from permitting others to use for drinking purposes any such source of water supply, other than stream in its natural flow, which is proved to the satisfaction of the Council to be unfit for drinking; or

(f) if, notwithstanding any such notice under clause (e) such use continues and cannot in the opinion of the Council be otherwise prevented, to close either temporarily or permanently or fill up or fence in such manner as the Council considers sufficient to prevent such use of such source of water supply as aforesaid; or

(g) to drain off or otherwise remove from any source of water-supply, or from any land or premises or receptacle or reservoir attached or adjacent thereto, any stagnant water which the Council considers injurious to health or offensive to the neighbourhood.

(6) Powers for promotion of public health, safety and convenience.

(a) obtain the permission from the Council; and

(b) cause sufficient hoards or fences to be put up in order to separate the area where the work is to be carried on from the street and shall maintain such hoard or fence standing and in good condition to the satisfaction of the Council during such time as the Council considers necessary for the public safety or convenience and shall cause the same to be sufficient lighted during the night, and shall remove the same when directed by the Council.

(a) the manner in which either buildings or blocks of buildings already existing or projected therein, are, or are likely to become, crowded together; or

(b) the impracticability of cleaning any such building or blocks of buildings, already existing or projected; or

(c) the want of drainage or scavenging, or the difficulty of arranging therein for the drainage or scavenging of any such buildings or blocks or areas as aforesaid; or

(d) the narrowness, closeness, bad arrangement or bad condition of the streets or buildings or group of buildings;

(a) power, when any building or block already existing or in course of erection by reason of any defect specified in sub-section (1), has given or is in the opinion of the Council likely to give rise to such risk as aforesaid, to require by a written notice, to be fixed upon some conspicuous part of such building or block and addressed, as the Council deems fit, either to the owners thereof or to the owners of the land on which such building or block is erected or is in course of erection that the person so addressed shall, within such reasonable time as shall be specified in the notice, either pull down or remove such building or block or execute such works or take such action in connection therewith as the Council deems necessary to prevent all such risk of disease;

(b) power to Council or any other agency authorised, in writing, by the Council to pull down or remove such building or block, or to execute such works or take such action as aforesaid, if the persons addressed in the said notice neglect so to do within the time specified therein;

(c) powers, subject to right of appeal as hereinafter provided, to prohibit by written notice addressed to the owners and occupiers of any site or space hereinafter described and by general notice published in the manner provided in sub-section (3) of Section 294, the erection of any building, or of any building exceeding such dimensions as may be specified in such notice-

(i) on the site of any building which has, in whole or in part, under the provisions of this section been pulled down; or

(ii) on any space not occupied by buildings, whether such space is private property or not and whether it is enclosed or not, if the Council considers that order to prevent such risk as aforesaid, such site or space should not be built upon in whole or in part; and either to acquire such site or space or to prescribe such conditions as may be deemed necessary as to the use which the owner or occupier may make or permit to be made thereof:

(7) Powers in regard to nuisances.

(a) in any place within the limits of the Municipality, is injurious or facilitates practices which are injurious to the health of persons dwelling in the neighbourhood; or

(b) in any place within or without the limits of the Municipality, is likely to contaminate the water-supply of the Municipality or otherwise render it unfit for drinking purposes;

(a) when the Council has fixed such hours, and given public notice thereof by beat of drum, removes, or causes to be removed, along any street any such offensive matter at any time except within the hours so fixed ; or

(b) at any time, whether, such hours have been fixed by the Council or not-

(i) uses for any such purpose any cart, carriage, receptacle or vessel not having a covering adequate for preventing the escape of the contents thereof, and of the stench therefrom ; or

(ii) willfully or negligently slops or spills any such offensive matters in, the removal thereof; or

(iii) does not carefully sweep and clean every place in which any offensive matter has been sloped or spilled; or

(iv) places or sets down in any public place any vessel containing any such offensive matter; or

(v) drives or takes or causes to be driven or taken any cart, carriage, receptacle or vessel used for any such purpose as aforesaid, through any street or by any route other than such as shall, from time to time, be appointed for that purpose by the Council by public notice;

(a) become a resort of idle and disorderly person or of persons, who have no ostensible means of subsistence or who cannot give satisfactory account of themselves ;

(b) come into use for any unsanitary or immoral purpose; or

(c) been affording a shelter to snakes, rats or other dangerous or offensive animals ;

(a) any pool, ditch, quarry, hole, excavation, tank well, pond, drain, water-course, or any collection of water; or

(b) any cistern or other receptacle for water whether within or outside the building; or

(c) any land on which water accumulates and which is situated within a distance of 100 yards from any building used as a dwelling house;

(b) If any such work is begun or completed without such permission, the Council may either-

(i) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Council may direct; or

(ii) grant written permission to retain such work but such permission shall not exempt such owner from proceedings for contravening the provisions of clause (a) of this sub-section.

(a) for a first offence, with fine which may extend to twenty-five rupees;

(b) for any subsequent offence, with fine which may extend to fifty rupees.

(8) Markets.

(9) Control of food Stuffs.

(i) any animal or any meat or fish intended for human food; or

(ii) any milk or dairy product, sweetmeat, fruits, vegetables, betels (ready for chewing), ice, ice-cream, aerated waters, syrups or soft drinks, fruit juice or neera, confectionery and prepared food or drink of any kind;

(a) may, at all reasonable times, enter into any place for the purpose of inspecting and may inspect any animals ; carcasses, meat, poultry, game, flesh fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter or other articles intended for human consumption or drink or for medicine, whether exposed or brought to any place for the purpose of sale or of preparation for sale, or may enter into and inspect any place used as a slaughter-house, and may examine anything which may be therein; and

(b) in case any such animals, carcasses or other articles hereto before mentioned appears to be diseased or unsound or unwholesome or unfit for human consumption or drink or medicine or it is adulterated in such a manner as to lesson its efficacy or to change its operation may seize the same.;]

(10) Milk Supply, Dairies and Cattle Sheds.

(a) for securing the purity of milk;

(b) for the health and good condition of the milch cattle;

(c) for cleanliness of milk vessels used therein; and

(d) for protection of milk against infection Or contamination.

(11) Registration of Births, Deaths and Marriages.

(12) Park, Play-ground and open spaces.

(13) Powers to Develop certain Areas.

(a) no construction shall take place on any area or areas so declared without the special permission of the State Government in this behalf; and

(b) if any construction, structure or building is sought to be transferred by the owner to another party, an option to purchase shall be first given to the State Government, and on its refusal to exercise the option, the owner may transfer the property.

(14) Offensive or Dangerous Trades.

(a) for boiling or storing offal, blood, bone or rags ;

(b) for salting, curing and storing fish ;

(c) for storing hides, horns and skins ;

(d) for tanning;

(e) for the manufacture of the leather goods;

(f) for dyeing;

(g) for melting tallow or sulphur;

(h) for washing or drying wool or hair;

(i) as a brick, pottery or lime-kiln;

(j) for soap making;

(k) for oil-boiling or oil-extracting;

(l) as a distillery;

(m) for storing hay, straw, fodder, wood, coal or other combustible material;

(n) as a manufactory or place of business of any other kind from which offensive or unwholesome Israeli arise, or which may involve risk of fire;

(o) as a manufactory of snuff;

(p) for the manufacture or sale of sweetmeats;

(q) as a factory, workshop or place of business in which animals are employed or intended to be employed for doing work or in which steam, water or any mechanical power is used or intended to be used;

(r) as a hair dressing saloon or a barber's shop or a Hammamkhana; is or is likely by reason of such use of, and of its situation to become a nuisance to the neighbourhood or is so used or is so situated as to be likely to be dangerous to life, health or property, the Council may, by written notice, require the owner or the occupier-

(i) at once to discontinue the use of or at once to desist from carrying out, or allowing to be carried out, the intention so to use, such building or place; or

(ii) to use it in such manner, or after such structural alterations as the Council in such notice prescribe, so that it may not become, or may be no longer, a nuisance or dangerous.

(15) Powers in case of fire.

(a) remove or order the removal of any person who, by his presence, interferes or impedes the operations of extinguishing the fire or for saving life or property;

(b) close any street or passage in or near which any fire is burning;

(c) for the purpose of extinguishing the fire break into or through or pull down or cause to be broken into or through or pulled down, or use or cause to be used for the passage of houses or other appliances, any premises;

(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;

(e) call on the persons incharge of any fire engine to render such assistance as may be possible; and

(f) generally take such measure as may appear necessary for the preservation of life and property.

(16) Begging for alms.

(17) Disposal of dead animals.

(a) convey the carcass to the place, if any, fixed by the Council for the disposal of the dead animals or if no such place had been fixed to any place at least one mile beyond the limits of the Municipality where such bodies may lawfully be deposited;

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

(18) Disorderly Houses.

(a) the keeping of a brothel;

(b) the residence of any person who practices prostitution.

(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area;

(b) being the tenant, lessee or occupier of any premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution within the prohibited area; or

(c) being the lessor or landlord, of any premises or the agent to such lessor or landlord, lets the same or any part thereof, within the prohibited area with the knowledge that such premises or some part thereof, are, or is used as a brothel, or for the purpose of habitual prostitution or is willfully a party to the continued use of such premises as a brothel or for the purpose of habitual prostitution;

(d) being a practicing prostitute resides within the prohibited area; shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both, and in the case of a continuing offence with an additional fine not exceeding fifty rupees for every day after the first during which the offence continues.

(19) Service of notices, penalties on non-compliances therewith and execution of works on default.

(a) by giving or tendering the notice or bill to the person to whom it is addressed; or

(b) if such person is not found, by leaving the notice or bill at his least known place of abode, if within the Municipal limits, or by giving or tendering the notice or bill to some adult member or servant of his family; or

(c) if such person does not reside within the Municipal limits, and his address elsewhere is known to the President or other person directing the issue of the notice or bill, then by forwarding the notice or bill, by Registered Post Acknowledgment due under cover bearing the said address; or

(d) if none of the means aforesaid be available, then by causing the bill or notice to be affixed on some conspicuous part of the building or land, if any, to which the bill or notice relates.

(a) by giving or tendering the notice to the owner or occupier or if there be more owners or occupiers than one, to any one of them ; or

(b) if no such owner or occupier be found, then by giving or tendering the same to some adult member or servant of the family of such owner or occupier as aforesaid; or

(c) if none of the means aforesaid be available, then by causing the notice to be fixed on some conspicuous part of the building or land to which the same relates.

(a) where any Drainage Scheme or Water Works Scheme has been commenced by any Council, it shall be lawful for the Council, without prejudice to its power under Section 201 or any other provision of this Act, to make a special agreement with the owner of any building or land as to the manner in which the Drainage and Water connection thereof shall be carried out, and the pecuniary or other assistance, if any, which the Council shall render, and any payment agreed upon by the owner shall be recovered in accordance with the terms of such agreement or in default in the manner prescribed in sub-sections (2) and (3);

(b) where an order or requisition has been passed under sub-section (1) of Section 180, sub-section (3) of Section 187, or under Sections 200, 203, 208/ or 209 or where permission has been given under Section 207 or where an arrangement has been made under clause (a) the Council may, without prejudice to any other powers under this Act, if it thinks fit, declare any expenses incurred by the Council, in the execution of such order or in the carrying out of such requisition, permission or arrangement to be improvement expenses. Improvement expenses shall be charged upon the premises or land, and shall be levied in such installments as the Council may decide including interest at the rate of 6 ¼ per cent per annum, and shall be recoverable in the manner described in sub-sections (2) and (3).

(20) Summary powers regarding certain offences.

(21) Miscellaneous.

(a) no application to the Collector for a reference shall be necessary ; and

(b) the Court shall have full power to give and apportion the costs of all proceedings in the manner it thinks fit.

(a) Sections 183(5), 184, 186, [* * *] 190, 203, 205, 206, 207, 209, 210, 211, 212, 218, 229, 268 and 283 shall be exercised and discharged by the President; and

(b) Sections 180(1) and (2), 185 [187, 187-A], 191, 192, 194, 195, 196, 198, 199, 200(2), 204, 208, 213, 215, 216, 217, 220, 221, 222, 223, 224, 225, 226, 227, 232, 234, 236, 239, 241, 242, 246, 250, 251, 252 and 286 shall be exercised and discharged by the Chief Municipal Officer.

Chapter X

Appeals

(a) a notice or order issued or other action taken by the President under Sections 183(5) (a) and (b), 184, 187, 190, 203, 205, 206, 207, 209, 210, 211, 212, 229, 268 and 283 or any rules or bye-laws made for the purposes of the said sections or for any order made appealable by such rules or bye-laws or any order granting or refusing to grant a licence or permission, may appeal to the Council within thirty days from the date of such order and such appeal shall be heard and disposed of by the Council in the prescribed manner;

(b) any notice or order issued or other action taken by the Chief Municipal Officer under Sections 180(1) and (2), 185, 191, 192, 194, 208, 220, 221, 223, 227, 242, 251 [,] 285 [and 339-A] or any rules or bye-laws made for the purposes of the said sections or any order made appealable by such rules or bye-laws or any order granting or refusing to grant a licence or permission, may appeal to the Appeal Committee within thirty days from the date of such order and such appeal shall be heard and disposed of by the Appeal Committee in the prescribed manner.

(a) any notice or order issued or other action taken by the Council under Sections 193, 197, 219 and 231 or under any rules or bye-laws made for the purposes of the said sections, and any order made appealable by such rules or bye laws ;

(b) any notice or order or other action taken by the President under Sections 183(5) (a) and (b), 184, 187, 190, 203, 205, 206, 207, 209, 210, 211, 212, 218, 229, 268 and 283 or under any rules or bye-laws made for the purposes of the said sections and any order made appealable by such rules or bye-laws ;

(c) any notice or order or other action taken by the Chief Municipal Officer under Sections 180 (1) and (2), 185, 191, 192, 194, 208, 220, 221, 223, 227, 242, 251 and 285 or under any rules or bye-laws made for the purposes of the said sections and any order made appealable by such rules or bye-laws;

(d) any order of the Council, President or the Chief Municipal Officer, as the case may be, granting or refusing to grant a licence or permission;

(a) that substantial loss may result to the party applying for stay of execution unless the order is made; and

(b) that the application has been made without unreasonable delay.

(a) an appeal or revision pending before any authority under any of the enactments repealed by this Act immediately before the commencement of this Act; or

(b) where a right for appeal or revision has accrued against a notice issued or an order passed immediately before the commencement of this Act and the limitation set out therefor under any of the enactments repealed by this Act has not expired ;

Chapter XI

Prosecutions, Suits and Powers of Police

(a) institute, defend or withdraw from legal proceedings under this Act, or under any rule or bye-law made thereunder or any other enactment for the time being in force;

(b) admit, compromise or withdraw any claim made under this Act or under any rule or bye-law made thereunder, or under any other enactment for the time being in force; and

(c) obtain such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain for any purpose referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon the Council, any of its committees or any Municipal officer or servant.

(i) any prosecution for any offence under this Act or under any rule or bye-law made thereunder;

(ii) proceedings to be taken for the recovery of any penalties and for the punishment of any persons offending against the provisions of this Act or of any rule or bye-law made thereunder; and

(iii) that the expenses of such prosecutions or other proceedings be paid out of the Municipal fund:

(i) within 12 months next after the date of the commission of such offence; or

(ii) if such date is not known or the offence is a continuing one, within twelve months next after the date on which the commission or existence of such offence was first brought to notice of the Council or of any officer or servant whose duty it is to report such offence to the Council.

(a) if the name and address of the person are unknown to him; and

(b) if the person declines to give his name and address or there is reason to doubt the accuracy of the name and address given.

(i) to communicate without delay to the Council any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or bye-law made thereunder; and

(ii) to assist any Municipal Officer or servant reasonably demanding his aid for the lawful exercise of any power vested in the Council or in any Municipal Officer or servant under this Act or any rule or bye-law made thereunder.

Chapter XII

Control

(a) enter on and inspect or authorise any other person to enter on and inspect any immovable property occupied by Council or any of its Committees or any institution under its control or management or any work in progress under its direction;

(b) call for or inspect any record or extract from the proceedings of any meeting of the Council or of any of its Committees and any book or document in the possession of or under the control of a Council;

(c) call for any return, statement, account or report which he may think fit to require such Council to furnish;

(d) require a Council to take into its consideration any objection which appears to him to exist to the doing of anything which is about to be done or is being done by or on behalf of such Council or any information which it is able to furnish and which appears to him to necessitate the doing of a certain thing by the Council and, to make a written reply to him within a reasonable time stating its reason for not desisting from doing, or for not doing such thing.

(a) discovery and inspection;

(b) enforcing the attendance of witnesses; and requiring the deposit of their expenses;

(c) compelling the production of documents;

(d) examining the witnesses on oath;

(e) granting adjournments;

(f) reception of evidence taken on affidavit; and

(g) issuing commission for examination of witnesses;

(a) all the [Councillors and President] of the Council shall, as from the date of the order, vacate their offices as [Councillors and President];

[(b) all powers and duties of the Council, the [President-in Council] Appeal Committee, [Advisory Committees] and President under this Act, may until the Council is reconstituted, be exercised and performed by such person as may be appointed as Administrator by the State Government in this behalf:

(i) in place of Administrator the State Government may appoint an Administrative Committee consisting of Chairman, Vice-Chairman and such number of members as it may deem fit, but the total number of such members including Chairman and Vice-Chairman shall not be more than five;

(ii) for the purposes of this Act, such Administrative Committee shall exercise and perform all the powers and duties of the Council, [President-in-Council], Appeal Committee, [Advisory Committees] and its Chairman and the Vice-Chairman shall exercise and perform such powers and duties as provided under this Act for the President and Vice-President of the Council;

(iii) no person shall be appointed as Chairman, Vice-Chairman or member of such Administrative Committee who is not eligible to hold such office in the Council under this Act.

(c) all the properties vested in the Council shall until the Council is reconstituted, vest in the Administrator or the Administrative Committee, as the case may be, appointed under clause (b) for the purposes of this Act:

(d) the State Government may, at any time remove the Administrator, Chairman, Vice-Chairman or any member appointed under clause (b) and may appoint any other person eligible to be so appointed in his place.]

(i) no order shall be varied or reversed unless notice has been given to the parties interested to appear and be heard in support of such order;

(ii) no order from which an appeal has been made, or which is the subject of any revision proceedings, shall so long as such appeal or proceedings are pending, be reviewed;

(iii) no order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings and no application for the review of such order shall be entertained unless it is made within ninety days from the passing of the order.

[Chapter XIIA]

Colonization

Chapter XIII

[Omitted]

Chapter XIV

Miscellaneous

(i) any licence granted under this Act;

(ii) any permission granted under this Act, for making any temporary erection or for putting up any projection or for the temporary occupation of any public street or any land or building belonging to the Council; and

(iii) any application or appeal made to or filed before the Council under this Act and for giving copies, of its orders or other documents.

[(iv) The rate of the licence and permission fees shall be revised once in every three years.]

Chapter XV

Rules and Bye-Laws

(i) procedure to be followed in disposal of election petition;

(ii) conditions subject to which the [President-in-Council] is to exercise the powers of the Council;

(iii) conditions subject to which the powers of the Council are to be delegated to the President or Vice-President, Chairman of the [President-in-Council] or other Committees;

(iv) (a) constitution of Municipal service for the State and recruitments and appointments thereto;

(b) qualifications, scale of pay, leave, leave allowance, acting allowance, loan, pension, gratuity, annuity, compassionate fund, provident fund, dismissal, removal, conduct, departmental punishments, appeals and other service conditions of the members of the State Municipal service;

[(c) the proportion in which the contribution shall be made by Councils concerned under the proviso to sub-section (3) of Section 86.]

(v) classes or grades of officers who shall have right to appeal in case of any departmental punishment other than censure;

(vi) formation and working of Municipal fire brigade and utilisation of Municipal fire brigade within or without Municipal limits;

(vii) minimum cash balance to be maintained by a Council;

(viii) regulation of transfer of Municipal property;

(ix) form and manner in which budget estimates shall be prepared and laid before the Council;

(x) closing balance which a Council shall maintain at its credit at the end of the year;

(xi) the manner in which accounts shall be kept and publication of such accounts;

(xii) the time within which and the manner in which matters shall be referred to the State Government with respect to audit report under Section 122;

(xiii) maximum cost which may be incurred on any public reception, ceremony, entertainment or exhibition;

(xiv) extent of the independent authority of the Council in respect of management of public institutions maintained out of the Municipal fund;

(xv) the manner of making applications for permission to borrow money; the enquiries to be made in relation to loans and the manner of conducting such enquiries; the inspection of such works carried out by means of loans; and the utilization of unexpended balances of loans;

(xvi) the manner of publication of notice and the form in which notice under Section 129 (2) shall be published;

[(xvii) manner of publication of notice under Section 130 (3)];

(xviii) form in which notice of transfer of title shall be given;

(xix) form in which notice of demand shall be served on the person liable for payment of tax;

(xx) (i) form in which warrant for recovery shall be issued under Section 167 (1); and

(ii) form in which notice regarding sale of property distrained shall be given;

(xxi) regulation of procedure for sale of immovable property;

(xxii) manner of registration of births, deaths and marriages;

(xxiii) regulation of powers conferred under Section 287 (1) and conditions and restrictions subject to which such powers shall be exercised;

(xxiv) term for which and conditions subject to which a person shall be committed to a poor house;

(xxv) regulation of establishment, maintenance and management of primary schools and other educational institutions;

(xxvi) rules regulating the procedure to be followed and the maximum amount which may be accepted by way of composition by the persons empowered to accept composition for offences;

(xxvii) manner in which the appointment of the Appeal Committee shall be made;

(xxviii) intermediate office or offices through which correspondence between Councils or their subordinate agencies and the State Government or Government authorities shall pass;

(xxix) regulation of representations made under this Act;

(xxx) manner of preparation and submission of returns, statements and reports to the State Government or Government authorities;

(xxxi) control which may be exercised over Councils in respect of financial matters generally and as to the authority which may exercise such control;

(xxxii) cases which, and the authorities to whom, and the conditions subject to which, orders and decisions given under the provisions of this Act, and not expressly provided for as regards appeal, shall be appealable;

(xxxiii) authorising inspection by servants of Government or institutions and works which are done under the management or control of a Council and regulating such inspection;

(xxxiv) preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of the Council;

(xxxv) all matters required to be prescribed by rules under this Act.

(1) Municipal administration-

(a) regulating the conduct of its business;

(b) regulating the appointment and constitution of Consultative Committees;

(c) regulating the conduct of business of Committees;

(d) regulating the mode of asking and answering of questions connected with the administration of this Act, at the meetings of the Council and its Committees;

(e) regulating the inspection of minute books and the supply of copies of minutes to Councillors or other persons on payment of fees or otherwise;

(f) fixing the amount and the nature of security to be furnished by any officer or servant from whom it may be deemed expedient to require security in view of the nature of duties performed by such officer or servant;

(g) regulating the contracts made by, or on behalf of a Council;

(h) determining the rates of fees for notice, warrant or maintenance of livestock under Chapter VIII;

(i) regulating entry and inspection for the purposes of this Act;

(j) generally for the guidance of Municipal Officers and servants in all matters relating to municipal administration;

(2) Taxation-

(a) the maintenance of tax books and registers by Chief Municipal Officer and the particulars which such books and registers should contain;

(b) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same;

(c) the requisition by the Chief Municipal Officer of information and returns from persons liable to pay taxes;

(d) the notice to be given to the Council by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act;

(e) the submission of returns by person liable to pay any tax under this Act;

(f) [* * *]

(g) fixing terminal limits and stations providing for the exhibition of tables of terminal tax, and regulating the mode of recovering such tax;

(h) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act;

(3) Buildings-

(a) the regulation or restriction of the use of sites for building for different areas;

(b) the regulation or restriction of buildings in different areas;

(c) the form of notice of erection of any building or execution of any work and the fee in respect of the same;

(d) the plans and documents to be submitted together with such notice and the information and further information to be furnished;

(e) the level and width of foundation level of lowest floor and stability of structure;

(f) the construction of buildings and the materials to be used in the construction of building;

(g) the height of buildings whether absolute or relative to width of streets or to different areas;

(h) the number and height of storey's composing a building and height of rooms and the dimensions of rooms intended for human habitation;

(i) the height and slope of the roof above the uppermost floor upon which human beings are to live or cooking operations are to be carried;

(j) the provision of open spaces, external and internal, and adequate means of light and ventilation;

(k) the provision of means of egress in case of fire, fire-escapes and water-lifting devices;

(l) the provisions of secondary means of access for the removal of house refuse;

(m) the materials and methods of construction of external and party walls, roofs and floors;

(n) the position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, latrines, drains and cesspools;

(o) the provision of lifts;

(p) the paving of yard;

(q) the restrictions on the use of inflammable materials for buildings;

(r) the restriction on construction of foundation on certain sites;

(s) the measures to be taken to protect buildings from damp arising from sub-soil;

(t) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings;

(u) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes the means which shall be used to prevent pollution of the water;

(v) the supervision of buildings;

(w) the setting back of garages and shops from the regular line of a street;

(x) the construction of portable structures and permission for such construction;

(y) requiring an owner of a building divided into two or more separate tenements to provide adequate means of lighting at night time at staircase, passage, private court of or any such building, the space near or leading to latrines or urinals and washing places therein and of extinguishing such lights;

(z) the qualifications of surveyors or persons by whom plans required under Section 187 are to be prepared, or of plumbers, for licensing persons to be surveyors or plumbers and, fixing the fees chargeable for such licences; and for modifying the provisions of or revoking such licences, and prohibiting any alterations or repairs or fittings to water or drainage pipes or house connections to be carried out or made except by such persons;

(aa) preventing the erection of buildings, without adequate provision being made for location and laying of streets, and for the payment of compensation in such case, when necessary;

(bb) regulating in any manner not specifically provided for in this Act, the erection of any enclosure wall, fence, tent, awning or other structure of whatsoever kind or nature on any land within the Municipal limits;

(4) Streets-

(a) Determining the information and plans to be submitted to the Council in connection with application for permission to lay out new street or to construct or reconstruct buildings;

(b) regulating the conditions subject to which permission may be given for temporary occupation of or erection of temporary structures, on public streets or for projections over public streets and places;

(c) the closure of streets when any work is in progress and alternative passage during the progress of such work;

(d) the erections of a temporary nature during festivals;

(e) the setting up of hoards on buildings adjacent to streets during their construction or repair;

(f) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original condition;

(g) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers or by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation;

(h) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting of streets for which provision is necessary or should be made;

(5) Drains, privies, cesspools, sewage disposal and scavenging-

(a) regulating in any particular way not specifically provided for in this Act, the construction, maintenance and control of drains, sewers, ventilation shafts, receptacles for dung and manure, cesspools, water-closets, privies, latrines, urinals and drainage or sewage works of every description, whether the property of the Council or not;

(b) prescribing the conditions for construction of a drain, privy, latrine, urinals, cesspool or other receptacle within fifty feet of any source of water;

(c) the regulation or prevention of the discharge into Municipal drains of sewage, soilage, polluted water and other offensive matter from private buildings, lands and factories;

(d) for controlling and regulating the duties of sweepers and other persons employed by the Council or any other agency for the purpose of sanitation and conservancy;

(e) provision for any other matter relating to house scavenging;

(6) Water Supply-Conserving and preventing injury to source and means of water-supply and appliances for the distribution of water, whether within or without the limits of the Municipality and regulating all matters and things connected with the supply and use of water and turning on or turning off and preventing the waste of water and the construction, maintenance and control of Municipal water works, and of pipes and fittings in connection therewith the property of the Council or not;

(7) Public Health, Safety, Nuisance and Sanitation-

(a) regulation of sanitation and conservancy by Municipal agency or otherwise;

(b) controlling and regulating the use and management of burial and burning grounds and fixing the fees to be charged where such grounds have been provided by the Council and prescribing or prohibiting routes for the removal of corpses to burial or burning grounds;

(c) declaring that no place, unless specially exempted, shall be used as a lodging house unless it has been duly licensed as such by the Council, and prescribing the conditions subject to which such licence may be granted, refused, suspended or withdrawn and fixing the fees payable for such licences;

(d) providing, in default of a bye-law made under the preceding sub-head, for the registration and inspection of lodging houses, the prevention of overcrowding, the promotion of cleanliness and ventilation and prescribing the notices to be given and the precautions to be taken in the case of any infectious or contagious disease breaking out therein, and generally for the proper regulations of lodgings houses;

(e) prohibiting the digging of excavations, cesspools, tanks or pits within specified areas except with the permission of the Council, and specifying the conditions subject to which such permission may be given;

(f) prohibiting or regulating, with a view to sanitation or the prevention of disease, any act which occasions or which is likely to occasion a public nuisance and for the prohibition or regulation of which no provision is made under this heading;

(g) regulating or prohibiting any particular description of traffic in a street;

(h) prescribing the conditions on or subject to which licence may be granted, refused, suspended or withdrawn, for the use of any vehicles and barrows, and providing for the seizure and detention of any vehicle or barrows which have not been duly licensed in pursuance of the bye-laws made under this section;

(i) (a) vehicles or animals plying for hire within the limits of the Municipality, the issue of licences to proprietors or drivers of such vehicles or animals, the prescription of types and specification of vehicles or animals to be licensed and the fixing of fees payable for such licence and the conditions on which they may be granted, suspended or revoked;

(b) The rates which may be demanded for the hire of any carriage, cart or other conveyance or animals hired to carry loads or persons, and restriction on the loads or persons which may be carried by any animals or carriage, cart or other conveyance plying for hire, within the limits of the Municipality:

(i) any railway station;

(ii) the whole or any part of any street so far as such street is situate within ten miles of the limits of the Municipality;

(iii) the whole or any part of any street leading from the limits of the Municipality to the limits of any Municipality, notified area, Cantonment or Panchayat if the distance between the limits of the Municipality and the boundaries of these authorities does not exceed fifty miles and the Municipality and the authorities concerned each consent to the extension of such bye-laws or rules;

(j) prohibiting vehicular traffic in any particular street so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such streets or portion of such streets prohibiting the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or to any construction thereon or risk of obstruction to other vehicles or to pedestrians along or over any street, except under such condition as to time, mode of traction or locomotion, use of appliances for protection of the roadways, number of lights and assistants and other general precaution as may be prescribed either generally in such bye-laws or in special licence to be granted in each case upon terms as to time of application and payment of fees thereof as may be prescribed in such bye-laws:

(k) measures to be taken with stray animals or animals likely, if at large in any street or public place, to cause annoyance or intimidation;

(l) regulating transport of animals within Municipal limits;

[(m) regulating and prohibiting the stationing of carts or picketing of animals on any ground under the control of the Council or the using of such ground as halting place of vehicles or animals or as a place for encampment or the causing or permitting of any animal to stray and imposition of fees for such use;]

(n) the seizure and confiscation of ownerless animals straying within the limits of the Municipality;

(o) providing for the registration of cattle and dogs and imposition of fees for the same;

(p) search of inflammable material;

(q) prohibiting except under certain conditions and on payment of fees, if any, the letting of fire-arms, fire-works, fire balloons, etc.;

(r) regulating the beating of drums and the sounding of musical instruments;

(s) regulating the abatement of nuisance;

(t) regulating the use of public bathing and washing places within the Municipality;

(u) the safety, sanitation and internal arrangements of theatres or other places of public entertainment or resort and the control and inspection thereof, in order to ensure the safety, health and convenience of persons employed in or visiting, attending or resorting to the same;

(v) inspecting and regulating the use of encamping grounds and halting places;

(8) Markets, Slaughter-houses, Trades, Occupations and Sale of Food-Stuffs-

(a) the regulation and inspection of market and slaughterhouses for the proper and cleanly conduct of business therein and for inspection of animals before slaughter and of organs and meat after slaughter for the purpose of certification;

(b) fixing the rent and other charges to be levied for the use of markets and slaughter-houses belonging to the Council and for regulating the conduct of business therein;

(c) prescribing the conditions on or subject to which, and the circumstances in which and the area or localities in respect of which, licences may be granted, refused, suspended or withdrawn for the use of any land, premises or place not belonging to Council-

(i) as a market;

(ii) as a slaughter-house;

(iii) for the manufacture, preparation, storing, sale or supply for the purpose of trade of any article or thing intended for human food or drink whether such food or drink is to be consumed in such place or not;

(iv) for carrying on any offensive or dangerous trade and providing for the inspection and regulation of the conduct of business in any land, premises or place used as aforesaid, so as to secure cleanliness therein and to minimise any injuries, offensive or dangerous effect arising or likely to arise therefrom;

(d) The regulation and inspection of all places used by or for animals which are for sale or hire or the produce of which is sold and for the proper and cleanly conduct of business therein;

(e) licensing and conditions for sale of articles of foods and drinks mentioned in Section 268;

(f) licensing of butchers;

(g) the regulation and inspection of places used for manufacture and/or sale of sweet-meats;

(h) prescribing the conditions on or subject to which licences may be granted, refused, suspended or withdrawn for hawking exposing for sale in any public place or street any article whatsoever, whether it be for human consumption or not;

(i) for licensing brokers/commission agents, measures and weighman practising their calling in public places within the Municipality, and fixing the fees payable for such licences and the conditions on which they are to be granted and may be revoked;

(j) for regulating the posting of bills and advertisements and the position, size, shape and style of name-boards, signboards and signposts;

(k) prescribing the conditions on and subject to which permission may be granted, renewed, suspended or withdrawn for erecting, exhibiting, fixing or retaining any business advertisement, over any land, building, or structure, or for announcing any business advertisement by loud-speaker;

(l) regulation of smoke and sanitation in factories, workshop and trade premises;

(m) prescribing the condition on and subject to which and the circumstances in which and the areas or localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of whistles and trumpets operated by steam or mechanical means in factories and other places for the purposes of summoning or dismissing workmen or person employed;

(n) prevention of nuisance in any market building, market place, slaughter-house or any factory, workshop or trade premises;

(9) Miscellaneous-

(a) prevention and extinction of fire;

(b) prohibiting stalling or herding of horses, cattle, donkeys, sheep or goats otherwise than in accordance with regulation prescribed in such bye-laws in regard to the number thereof, and the places to be used for the purpose as may be necessary to prevent danger to the public health;

(c) the inspection of milch cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleaning, drainage and water-supply dairies and cattle sheds in the occupation of person following the trade of dairymen or milk-sellers;

(d) prescribing the conditions subject to which and the circumstances in which, and the areas and localities in respect of which licences may be granted, refused, suspended or withdrawn for the use of any place or building for use as Sarai or Dharamshala and providing for the inspection and regulation of such places or buildings;

(e) regulating the management of Nazul lands transferred to the Council by the State Government;

(f) protecting from injury or interference anything within the limits of the Municipality being the property of the State Government or of the Council or under the control or management of the Council;

(g) (i) securing the protection of public parks, gardens, open spaces play-grounds, commons, swimming tanks, vested, in or under the control of the Council, from injury or misuse, regulating their management and the manner in which they may be used by the public, and providing for the proper behaviour of persons in them;

(ii) regulating the use of common pasture land provided by the Council and rates of fees for use thereof;

(h) the holding of fairs and industrial exhibitions within the Municipality or under the control of the Council and fixing the fees to be levied thereat;

(i) prohibiting, in any specified street or area, the residing of public prostitutes and the keeping of a brothel, or the letting or otherwise disposal of house or building to public prostitutes or for a brothel;

(j) inspection and control of brothels;

(k) fixing and regulating the use of places, at which boats may be moored/loaded and unloaded, prohibiting the mooring, loading and unloading of boats, except at such places as may be prescribed by the Council;

(l) prohibiting or regulating, with a view to promoting the public safety or convenience, any act which occasions, or is likely to occasion, a public nuisance, and for the prohibition or regulation of which no provision is made;

(m) providing for the installation and maintenance of radio receiving stations;

(n) providing for the establishment and maintenance of body-folds and rescue homes for women;

(o) providing for the removal of social disabilities of Scheduled Castes and Backward Classes;

(p) taking measures for the control of beggary;

(q) taking measures for the removal of prostitutes from a specified area to another specified area;

(r) generally for the regulation of matters relating to Municipal administration.