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The Maharashtra Municipal Corporations Act, 1949

(Act No. 59 of 1949)

Last Updated 7th September, 2020 [mh170]

Chapter I

Preliminary

[(b) Where any area is included within the limits of the [larger urban area] under clause (a), any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms made, issued, imposed or granted under this Act or any other law, which are for the time being in force in the [larger urban area] shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise provided in section 129A or any other provision of this Act, apply to and be in force in the additional area also from the date that area is included in the City.]

Chapter II

Constitution

Municipal Authorities

(A) a Corporation;

(B) a Standing Committee;

[(BA) a Wards Committees;

(BB) a Mayor; and]

(C) a Municipal Commissioner,

(D) a Transport Committee;

(E) a Transport Manager.

(c) the number of seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent of the total number of seats to be filled in by election in a Corporation and such seats shall be allotted by rotation to different electoral wards in a Corporation:

(d) [one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Corporation shall be reserved for women and such seats shall be allotted by rotation to different electoral wards in a Corporation.

[(e) Notwithstanding anything contained in clauses (a) to (d), the State Election Commissioner may, by an order, issue instructions for rotation of wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of Citizens and Women in Corporations where the number of wards have changed after the general elections for whatever reasons.]

Municipal Election Roll

Qualifications and disqualifications of voters and councillors.

[(ai) has, at any time after the commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted of an offence punishable under section 153A or sub-section (2) or (3) of section 505 of the Indian Penal Code:

[(a-ii) has been so disqualified by or under any law;

(a) has been convicted by a Court in India of any offence involving moral turpitude, unless, a period of six years has elapsed since the date of such conviction; or]

(b) is undischarged insolvent;

(c) holds the office of Commissioner or any other office or place of profit under the Corporation;

(d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member;

(e) holds any judicial office with jurisdiction within the limits of the City;

(f) subject to the provisions of sub-section (2), 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 Corporation;

(g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned; or

(h) fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee, within three months after a special notice in this behalf has been served on him by the Commissioner.

[(i) has more than two children:

(ii) "child" does not include an adopted child or children.]

[(j) is a Member of the State Legislature or of Parliament:

(1) "corrupt practice" means one of the following practices, namely :-

(a) any gift, offer or promise by a candidate or his agent or by any person with the connivance of a candidate or his agent of any gratification, pecuniary or otherwise, to any person whomsoever, with the object directly or indirectly of inducing a person to stand or not to stand as, or to withdraw from being a candidate at an election or a voter to vote or refrain from voting at an election or as a reward to a person for having so stood or not stood or for having withdrawn his candidature or a voter for having voted or refrained from voting;

(b) any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person with the connivance of the candidate or his agent with the free exercise of any electoral right, including the use of threats of injury of any kind or the creation or attempts to create fear of divine displeasure or spiritual censure, but not including a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with a legal right;

(c) the procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead or in a fictitious name or by a person for a voting paper in his own name when, by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote;

(d) the removal of a voting paper from the polling station during polling hours by any person with the connivance of a candidate or his agent;

(e) the publication by a candidate or his agent or by any other person with the connivance of the candidate or his 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, being a statement reasonably calculated to prejudice the prospects of that candidate's election;

(f) any acts specified in paragraphs (a), (b), (d) and (e) when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent;

(g) the application by a person at an election for a voting paper in the name of any other person, whether living or dead, or in a fictitious name, or for a voting paper in his own name when, by reason of the fact that he has already voted in the same or another ward, he is entitled not to vote; or

(h) the receipt of, or agreement to receive, any gratification of the kind described in paragraph (a) as a motive or reward for doing or refraining from doing any of the acts therein specified.

(2) a corrupt practice shall not be deemed to have been committed in the interests of a returned candidate if the Judge is satisfied that it was of a trivial and limited character which did not affect the result of the election, that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, that it was committed without the sanction or connivance or contrary to the orders of the candidate or his agents, and that the candidate and his agents took all reasonable means for preventing the commission of corrupt practices at the election.

[Honoraria, fees and allowances]

Standing Committee

The Transport Committee

(a) become disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or

(b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or

(c) absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or

(d) absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not,

Wards Committees

(a) the councillors representing the electoral wards within the territorial area of the Wards Committee;

(b) the officer incharge of the territorial area of the Wards Committee;

(c) such number of other members not exceeding three, nominated by the Councillors referred to in clause (a), from amongst the members of recognised non-Government Organisations and Community based organisations engaged in social welfare activities working within the area of the Wards Committee:

(a) the speedy redressal of common grievances of citizens, connected with local and essential municipal services like water-supply, drainage, sanitation and storm water disposal;

(b) to consider and make recommendations on the proposals regarding estimates of expenditure pertaining to the wards under different heads of account of the budget before being forwarded to the Commissioner;

(c) to grant administrative approval and financial sanction to the plans for municipal works to be carried out within the territorial area of the Ward Committee costing upto rupees five lakhs, provided that specific provision exists therefor in the budget sanctioned by the Corporation.

[(d) to make recommendations in regard to water supply, solid waste management, sewage disposal, drainage, storm water management, sanitation works and development scheme and to take periodical review thereof, to enlist people's participation in the voluntary activities necessary for successful implementation of the developmental activities of the Corporation, to ensure maintenance of parks in the ward and to recommend for appropriate budget allocation to each electoral ward.]

(a) make necessary arrangements for the meeting and record the minutes of the meeting and forward the same with the approval of the Chairperson to the ward office and the Corporation;

(b) obtain information from the Corporation or any of its offices regarding the action taken by the Corporation or the office concerned, as the case may be, on the suggestions made by the Area Sabha and present the same in the meeting;

(c) attend other works incidental to clauses (a) and (b).

(i) to suggest the priority of schemes and development programmes to be implemented in the area of the Area Sabha and forward the same to the Wards Committee, for inclusion in the developmental plans of the Wards Committee or the Corporation, as the case maybe;

(ii) to suggest the location of street lights, street or community water taps, public wells, public sanitation units and such other public amenities within the area of the Area Sabha;

(iii) to identify the deficiencies in the water supply, sewage disposal, public sanitation, storm water management, roads and street lighting arrangements in the area of the Area Sabha and suavest remedial measures;

(iv) to assist the activitiEs of public health centres in the area of the Area Sabha, especially in prevention of diseases and family welfare and create arrangements to report on the incidence of epidemics and natural calamities;

(v) to remind the Area Sabha members of their obligations to pay municipal taxes and user charges.

(i) to get information from the concerned officials of the Corporation as to the services they will render and the works they propose to do in the area;

(ii) to be informed by the Wards Committee about,-

(a) decisions concerning the jurisdiction of the Area Sabha made by the Wards Committee or the Corporation including the action taken on the suggestions made by the Area Sabha;

(b) the follow up action taken on the decisions concerning the jurisdiction of the Area Sabha.

(iii) to impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution;

(iv) to have attendance of ward level officers dealing with water supply, road and street lighting, conservancy, sewage disposal, public sanitation, storm water and solid waste management and other civic amenities, in the meetings of the Area Sabha; and

(v) to co-operate with the Wards Committee in the provision of sanitation arrangements and other civic amenities in the area.]

Special and Ad-hoc Committees

Joint Committees

(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee;

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

(c) in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.

The Municipal Commissioner

Transport Manager

Disqualifications of the Commissioner

Chapter III

Proceedings Of The Corporation, Standing Committee, Transport Committee And Other Bodies

Chapter IV

Municipal Officers And Servants - Their Appointment And Conditions Of Service

City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner

(a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund [the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund] as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee;

(b) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties, of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and

(c) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and subject to the regulations, dispose of All questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.

(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively;

(b) have the custody of all papers and documents connected with the proceedings of,-

(i) the Corporation and any Committee appointed by the Corporation under section 30 or 31,

(ii) the Standing Committee and any sub-committee thereof;

(c) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the officers and servants immediately subordinate to him; and

(d) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said officers and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said officers and servants.

Other Officers and Servants

Imposition of penalties

(a) no municipal officer or servant [holding the post equivalent to or higher in rank than the post of the Assistant Commissioner] shall be dismissed by the Commissioner without the previous approval of the [Corporation]

[(b) any officer or servant, whether appointed by the Corporation or any other competent, authority, except Transport Manager being a Government Officer on deputation, may be suspended by the Commissioner pending an order of the Corporation and when the officer so suspended is the Transport Manager or an officer appointed under section 45, such suspension with reasons therefor, shall, forthwith be reported by the, Commissioner to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension:

(c) the Commissioner may impose any of the penalties as specified in clause (a), (b), [*] (d), [(e) and (f)] of sub-section (2) on any officer appointed by the Corporation [other than the Transport Manager if he is a Government Officer on deputation]

(d) the Municipal Chief Auditor and the Municipal Secretary may impose any of the penalties specified in clauses (a), (b), (c), (d) and (e) of sub-section (2) on any officer or servant immediately subordinate to them [* * * *] subject to a right of appeal to the Standing Committee and the Standing Committee may impose any other penalty on any such officer or servant and may also impose, any penalty on any other officer or servant immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary;

(a) censure;

(b) withholding of increments or promotion, including stoppage at an efficiency bar;

(c) reduction to a lower post or time-scale, or to a lower stage in a time-scale;

(d) fine;

(e) recovery from salary of the whole or part of any pecuniary loss caused to the Corporation;

(f) suspension;

(g) removal from municipal service which does not disqualify from future employment;

(h) dismissal from municipal service which ordinarily disqualifies from future employment.

(a) where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause.

Leave of absence, acting appointments, etc.

(a) when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and, excepting an appointment to act for the Municipal Secretary, shall be reported forthwith to the [State] Government;

(b) an appointment reported to the [State] Government under clause (a) may be disallowed by it and from the time of being so disallowed shall be null and void as from the date of the receipt, by the Corporation of the order of the [State] Government.

Disqualification of municipal officers and servants.

(a) shall occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed, by the Corporations, and

(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, removal or retirement from the service of the Corporation or whenever the Commissioner; with the approval of the Corporation, thinks it necessary and expedient to require him to do so.

[Chapter IV-A]

Disclosure Of Specified Information

(i) in Newspapers;

(ii) on Internet;

(iii) on Notice boards of the Corporation at its Head Office as well as Ward Offices;

(iv) by such other mode, as, may prescribed:

(i) particulars of the Corporation;

(ii) a statement showing the boards, councils, committees and other bodies, by whatever name called, constituted for the purpose of exercising the functions of the Corporation or rendering advise to it, whether or not the meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible to the public;

(iii) a directory of its officers and employees;

(iv) the particulars of officers who are empowered to grant concessions, permits or authorizations for any activity of the Corporation;

(v) audited financial statements showing Balance sheet, Receipts and Expenditures, and cash flow on a quarterly basis, within two months of end of each quarter, and audited financial statements for the full financial year, within three months of the end of the financial year;

(vi) the statement showing each of the services provided by the Corporation;

(vii) particulars of all plans, proposed expenditures, actual expenditures on major services provided or activities performed and reports on disbursements made;

(vii) details of subsidy programmes on major services provided or activities performed by the Corporation, and manner and criteria of identification of beneficiaries for such programmes;

(ix) particulars of the master plan, city development plan or any other plan concerning the development of the municipal are;

(x) the particulars of major works, as may be specified by notification by the State Government, in the Official Gazette, together with information on the value of works, time of completion and details of contract;

(xi) the details of the municipal funds, i.e. income generated in the previous year by the following -

(a) taxes, duties, cess and surcharge, rent from the properties, fees from licences and permissions;

(b) taxes, duties, cess and surcharge, rent from the properties, fees from licences and permissions that remain uncollected and the reasons thereof;

(c) share of taxes levied by the State Government and transferred to the Corporation and the grants released to the Corporation;

(d) grants released by the State Government for implementation of the schemes, projects and plans assigned or entrusted to the Corporation, the nature and extent of utilization;

(e) money raised through donation or contribution from public or non­governmental agencies;

(xii) annual budget allocated to each ward;

(xiii) such other information, as may be prescribed.

Chapter V

Essential Services

(a) without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least two months notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of this duties, or other reason accepted as sufficient by the Commissioner or such officer, or

(b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.

(a) withdraw or absent himself from his duties except in the case of illness or accident disabling him from the discharging of his duties, or

(b) neglect or refuse to perform his duties or wilfully perform them in a manner which in the opinion of such officer as the [State] Government may specify in this behalf is inefficient.

Chapter VI

Duties And Power Of The Municipal Authorities And Officers

Obligatory and Discretionary Duties of the Corporation

Respective functions of the several Municipal Authorities

(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act or by any other law for the time being in force;

(b) prescribe the duties of, and exercise supervision and control over, the acts and proceedings of all municipal officers and servants, other than the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and servants immediately subordinate to them, and subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;

(c) in any emergency, take such immediate action for the service of safety of the public or the protection of the property of the Corporation as the emergency shall appear to him to justify or to require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the [State] Government:

(d) perform the duties and exercise the powers imposed or conferred upon the Transport Manager by this Act in his absence or on failure by him to perform or exercise the same.

(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Transport Undertaking as may be required of him by the Transport Committee;

(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and servants appointed under Chapters XX and, subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;

(c) in any emergency, take such immediate action for the protection of human life or of the property of the Corporation or for the maintenance of the service provided to the public by the Transport Undertaking as the emergency;

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

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

(c) to furnish a report by himself or to obtain from any officer 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 of the City.

(a) such expenditure, so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget-grant; and

(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year the sanction of the Corporation is taken before liability for such expenditure is incurred.

Prevention of delay in discharge of official duties

(i) sub-judice matters;

(ii) cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc.;

(iii) quasi-judicial matters;

(iv) cases related to the Central or other State Governments;

(v) cases related to Legislation; and

(vi) cases involving major policy decisions.]

Chapter VII

Contracts

(a) every such contract shall be made on behalf of the Corporation by the Commissioner;

(b) no such contract or any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly given;

[(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which will involve an expenditure exceeding rupees twenty-five lakhs but not exceeding rupees fifty lakhs shall be made by the Commissioner, unless the same is previously approved by the Mayor. However, the total amount of all contracts approved by the Mayor shall not exceed rupees two crores and fifty lakhs during a year. [Subject to the above, for any contract which involves an expenditure in excess of the amount as specified by the State Government, by notification in the Official Gazette, from time to time, the previous approval of the Standing Committee shall be necessary and different amount may be specified in respect of different classes of Corporations:]

(d) every contract made by the Commissioner involving an expenditure exceeding [five lakhs rupees] and not exceeding [five lakhs rupees] or such higher amount as may for the time being prescribed under clause (c) shall be reported by him, within fifteen days after the same has been made, to the Standing Committee;

(e) the foregoing provisions of this section shall, as far as may be, apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.

Chapter VIII

Municipal Property

Acquisition of property

(a) in any municipality or local authority which has been superseded by or under this Act in consequence of the inclusion in the City of the area for which it was constituted, or

(b) in [Government] by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority,

Disposal of Property

(a) the Commissioner may, in his direction, dispose of by sale, letting out on hire or otherwise, any moveable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time determine, or grant a lease of any immoveable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time;

(b) with the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any moveable property belonging to the Corporation, of which the value does not exceed five thousand rupees; and may with the like sanction grant a lease of any immoveable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value of premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;

(c) with the sanction of the Corporation, the Commissioner may lease, sell, let out on hire or otherwise convey any property, moveable or immoveable, belonging to the Corporation;

(d) the consideration for which any immoveable property or any right belonging to the Corporation may be sold, leased or otherwise transferred shall not be less than the current market value of such premium, rent or other consideration;

(e) the sanction of the Standing Committee or of the Corporation under clause (b) or clause (c) may be given either generally for any class of cases or specially in any particular case;

(f) the aforesaid provisions of this section and the provisions of the rules shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purposes of this Act :

(a) no property vesting in the Corporation for the purpose of any specific trust shall be leased, sold or otherwise conveyed in such a manner that the purpose for which it is held will be prejudicially affected;

(b) no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the appropriate Government;

[(g) notwithstanding anything contained in this section the Commissioner may with the sanction of the corporation and with the approval of the State Government grant a lease for a period not exceeding thirty years of a land belonging to the Corporation.

[CHAPTER VIII-A]

Power To Evict Persons From Corporation Premises

(a) "Commissioner", in the event of any Corporation having established or acquired, or establishing or acquiring, a Transport Undertaking, in relation to the premises of the Corporation which vest in or are held by it for the purposes of the Transport Undertaking, means the Transport Manager;

(b) "Corporation premises" means any premises belonging to, or vesting in, or taken on lease, by the Corporation;

(c) "regulations" means regulations made by the Commissioner under section 81-I,

(d) "unauthorised occupation" in relation to any Corporation premises, means the occupation by any person of Corporation premises without authority for such occupation; and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired or has been duly determined.

(a) that the person authorised to occupy any Corporation premises has, whether before or after the commencement of the Bombay Provincial Municipal Corporations (Second Amendment) Act, 1969,-

(i) not paid for a period of more than two months, the rent or taxes lawfully due from him in respect of such premises; or

(ii) sub-let, contrary to the terms and conditions of his occupation, the whole or any part of such premises; or

(iii) committed, or is committing, such acts of waste as are likely to diminish materially the value of impair substantially the utility, of the premises; or

(iv) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises;

(b) that any person is in unauthorised occupation of any Corporation premises,

(c) that any Corporation premises in the occupation of any person are required by the Corporation in public interest,

(a) specify the grounds on which the order of eviction is proposed to be made, and

(b) require all persons concerned, that is to say, all persons who are or may be in occupation or, of claim interest in, the Corporation premises, to show cause against the proposed order, on or before such date as is specified in the notice.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed by regulations made under section 81-I.

(a) in the case of an appeal from an order under section 81-B, within thirty days from the date of the service of the notice relating to the order under sub­section (1) of that section; and

(b) in the case of an appeal from an order under section 81-C, within thirty days from the date of the service of the notice relating to the order under sub­section (1) or (2) of that section, as the case may be:

(a) the forms of notices under sections 81-B and 81-C and for prescribing the other manner in which they may be served under those sections;

(b) the holding of inquiries under this Chapter;

(c) the procedure to be followed in taking possession of any Corporation premises, under section 81-B;

(d) the manner in which the damages under section 81-C may be assessed and the principles which may be taken into account in assessing such damages;

(e) the manner in which appeals may be preferred under section 81-F and the procedure to be followed in such appeals;

(f) any other matter which has to be, or may be, prescribed under this Chapter by regulations.

Chapter IX

The Municipal Fund And Other Funds

The Municipal Fund

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

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

(c) all rents accruing from any property of the Corporation,

(d) all moneys raised by any tax levied for the purposes of this Act,

(e) all fees and fines payable and levied under this Act or under any rule, bye-law, regulation or standing order other than fines imposed by a Court,

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

(g) all moneys received by or on behalf of the Corporation from the Government or public bodies, private bodies or private individuals by way of grant or gift or deposit, subject, however to the conditions, if any, attached to such grant, gift or deposit, and

(h) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation shall be credited to a fund which shall be called "the Municipal Fund" and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained.

(a) sums of which the expenditure has been sanctioned by the Standing Committee under section 102;

(b) temporary payments under section 90 for works urgently required in the public service;

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

(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake;

(e) sums which under any provisions of this Act or any other enactment are payable by way of compensation;

(f) sums payable in any of the circumstances mentioned in clause (h) of section 88;

(g) expenses incurred by the Commissioner in the exercise of the powers conferred upon him by section 319;

(h) costs incurred by the Commissioner under clause (c) of sub­section (3) of section 67.

(a) the expenses of every ward election;

(b) the salary, joining time allowances, and other allowances of the Commissioner and of leave and pension contribution, if any, payable on his account to the [State] Government;

(c) the salaries and other allowances of all municipal officer and servants and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Act or the regulations or of the statement framed under this Act for the time being in force;

(d) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation;

(e) the grant payable under section 44 of the Bombay Primary Education Act, 1947, to the Primary Education Fund maintained thereunder for the City;

(f) the loans advanced under the rules for building purposes;

(g) any sum chargeable under section 108;

(h) every sum payable,-

(i) under section 422 or sub-section (1) of section 449 to the [State] Government;,

(ii) under a decree or order of a civil or criminal court passed against the Corporation or against the Commissioner, Deputy Commissioner or Assistant Commissioner ex-officio;

(iii) under a compromise of any suit or other legal proceeding or claim effected under section 481;

(i) contributions to public institutions;

(j) expenses incurred on the provision of traffic signs.

Special Funds

Disposal of Balances

Accounts

Annual Budget Estimate

(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including the amount of grant payable by the Corporation to the Primary Education Fund and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund; [including the Funds established under sections 91A and 91B]

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

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

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

(e) an estimate of the amounts due to be transferred during the next official year from the Transport Fund.

Scrutiny and Audit of Accounts

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

(b) furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.

(i) for the words "Standing Committee" wherever they occur, the words "Transport Committee" and for the word "Commissioner" wherever it occurs, the words "Transport Manager" have been substituted, and

(ii) for the figures "94" in sub-section (4) of section 106, the figures "362" had been substituted.

Chapter X

Borrowing Powers

(a) defraying any costs, charges or expenses, incurred or to be incurred by it in the execution of this Act;

(b) for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;

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

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

(ii) no loan shall be raised unless the [State] Government has approved the terms on and the method by which the loan is to be raised and repaid;

(iii) the period within which the loan is to be repaid shall in no case exceed sixty years and, where a loan is raised for the repayment of a previous loan, the period within which the subsequent loan is to be repaid shall not extend beyond the unexpired portion of the period fixed for the repayment of the original loan, unless the [State] Government so directs, and shall in no case extend beyond the period of sixty years from the date on which the original loan was raised.

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

(b) no portion of any sum of money borrowed or re-borrowed for the execution of any work shall be applied to the payment of salaries or allowances of any municipal officers or servants other than those who are exclusively employed upon the work for the construction of which the money was borrowed:

(a) by payment from a sinking fund established under section 112 in respect of the loan;

(b) by equal payments of principal and interest;

(c) by equal payments of principal;

(d) in the case of a loan borrowed before the appointed day by annual drawings if such method was in operation for the repayment of such loan immediately before such day;

(e) from any sum borrowed for the purpose under section 109(1)(b); or

(f) partly from a sinking fund established under section 112 in respect of the loan and partly from money borrowed for the purpose under section 109(1)(b).

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

(b) all securities and cash held on the date immediately preceding the appointed day in sinking funds established for the repayment of such loans shall be held by the Corporation as part of the sinking funds established under clause (a);

(c) the provisions of section 112 shall apply to such sinking funds;

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

(e) the provisions of section 117 shall apply to such loans.

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

(i) or the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and

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

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

(i) for the payment of interest in respect of the debentures without the issue of a duplicate debenture, and

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

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

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

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

(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121 or from the date of the last payment of interest on the original debenture, whichever date is later;

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

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121.

(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year the date of borrowing and the annual loan charges;

(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;

(c) in the case of every loan for which a sinking fund is maintained the amount of accumulation on the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year;

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

(e) the particulars of securities in which the sinking funds have been invested or reserved therefor.

Chapter XI

Municipal Taxation

(a) property taxes;

(b) a tax on vehicles, boats and animals.

(b) [* * * * * *]

(c) a tax on dogs,

(d) a theatre tax;

(e) a toll on animals and vehicles [* * *] entering the City;

[(f)] any other tax [not being a tax on professions, trades, callings and employments] which the [State] Legislature has power under the [Constitution] to impose in the [State]

Property Taxes

[Property tax leviable on rateable value or capital value]

(a) a water tax at such percentage of their rateable value [or their capital value as the case may be] as the Corporation shall deem reasonable, for providing a water supply for the City;

[(aa) an additional water tax which shall be called "the water benefit tax" at such percentage of their rateable value [or their capital value as the case may be] as the Corporation may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities of water supply;]

[(b) conservancy tax or the sewerage tax at such percentage of their rateable value, [or their capital value, as the case may be] as the Corporation may consider necessary for the collection, removal and disposal of human waste and other wastes;

(bb) an additional conservancy or sewerage tax which shall be called "the sewerage benefit tax" at such percentage of their rateable value [or their capital value, as the case may be] as the Corporation may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities for the collection, removal and disposal of human waste and other wastes.]

(c) a general tax of not less than twelve per cent of their, rateable value, [or of not less than 0.1 and more than 1 per centum of their capital value, as the case may be] which may be levied, if the Corporation so determines [* * *] [together with not less than one-eight and not more than] [two per centum] of their rateable value [or of not less than 0.01 and not more than 0.2 per centum of their capital value as the case may ,be] added to the general tax in order to provide for the expenses necessary for fulfilling duties of the Corporation imposed or arising by or under clause (5) of section 63 and Chapter XVII]

[(d) the education cess, leviable under section 148A;

(e) the street tax, leviable under section 148C]

[(f) the betterment charges leviable under Chapter XVI;]

[* * * *]

(a) a new [larger urban area is specified] under sub-section (2) of section 3 comprising, wholly or partly, of an area of a Zilla Parishad. or

(b) the limits of a [larger urban area] are altered under sub-section (3) of section 3 so as to include any area or a Zillia Parishad,

Table

(a) to which private water supply is furnished from or which are connected by means of communication pipes with any municipal water works; or

(b) which are situated in a portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or of public stand posts, fountains or by any other means.

(a) situated in any portion of the City in which, public notice has been given by the Commissioner that the collection, removal and, disposal of all excrementious and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or

(b) in which, wherever situate, there is a privy, water-closet, cess-pool, urinal, bathing place or cooking place connected by a drain with a municipal drain:

(a) buildings and lands solely used for purposes, connected with the disposal of the dead;

(b) buildings and lands or portions thereof solely occupied and used for public worship or for a public charitable purpose;

(c) buildings and lands vesting in the [Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or the Corporation, respectively.

(a) buildings or lands or portions thereof in which any trade or business is carried on; and

(b) buildings or lands or portions thereof in respect of which rent is derived whether such rent is or is not applied solely to religious or charitable purposes.

Special provisions relating to water and conservancy taxes

(a) in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate as shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation.

(b) in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would otherwise be leviable from such person in respect of the said premises.

Liability for Property Taxes

(a) if the premises are held immediately from the [Government] or from the Corporation, from the actual occupier thereof:

[(a1) if the premises are held or occupied by a person, who is not owner and the where abouts of the owner of the premises cannot be ascertained, from the holder or occupier; and

(b) if the premises are not so held, -

(i) from the lessor if the premises are let;

(ii) from the superior lessor if the premises are subject;

(iii) from the person in whom the right to let the premises vests if they are unlet.

[(1A) Notwithstanding anything contained in sub-section (1), on and from the date of adoption of capital value as the base for levy of property taxes under sub-section (2) of section 129, but subject to the other provisions of this Act, the Commissioner may serve a bill for the amount of property tax on such occupier of the said premises, or, if there are two or more such occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount of tax based on the capital value, due in the same ratio which the capital value, of such portion of the premises of the occupier or occupiers bears to the aggregate amount of the tax based on the capital value, in respect of the said premises.]

(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the rules.

(3) No arrear of a property-tax shall be recovered from any occupier under this section [* * *] which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed.

(4) If any sum is paid by, or recovered from, an occupier under this section, he shall be entitled to credit therefor in account with the person primarily liable for the payment of the same.

Tax on Vehicles, Boats and Animals

(a) vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking;

(b) vehicles, boats and animals vesting in the [Government] and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces;

(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;

(d) children's perambulators and tricycles;

(e) vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a conveyance for the discharge of their duties:

(f) vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used:

[***]

Exemption from Theatre Tax

(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;

(b) any entertainment or amusement which is not open to the general public on payment;

(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised for a public charitable purpose;

[(d) any entertainment exempted by the Commissioner of Police, the District Magistrate or the State Government from the entertainment duty under the Bombay Entertainments Duty Act, 1923.]

[Education Cess]

(a) all buildings and lands vesting in the Central Government;

(b) all other buildings and lands exempted from the general tax under section 132;

(c) all buildings and lands of a rateable value [or a capital value, as the case may be] below such sum as the Corporation may determine;

Street Tax

(a) all buildings and lands vesting in the Central Government;

(b) all other buildings and lands exempted from the general tax under section 132;

(c) all buildings and lands of a rateable value [or a capital value, as the case may be] below such sum as the Corporation may determine,

Other Taxes

(a) the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted;

(b) the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax;

(c) the information required to be given of liability to the tax;

(d) the penalties to which persons evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected;

(e) such other matters, not inconsistent with the provisions of this Act, as may be deemed expedient by the Corporation :

(b) the property situated in any other area,]

Supplementary Taxation

Refunds

Writing off of taxes

Chapter XII

Drains And Drainage

Municipal Drains

(a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Commissioner has provided, or proposes to provide, for the City or any part thereof;

(b) whether the drain is constructed under a street or under land reserved by or under the provisions of this Act or any other law for the time being in force for a street;

(c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;

(d) the method of construction and state of repair of the drain or works; and

(e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.

Drains of Private Streets and Drainage of Premises

(a) to discharge directly or indirectly into any municipal drain any trade effluent except in accordance with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;

(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,-

(i) foul water into a drain provided for surface water; or

(ii) except with the permission of the Commissioner surface water into a drain provided for foul water; or

(c) to have his drain made to communicate directly with a storm water overflow drain.

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

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

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

(a) to make a drain of such material, size and description and laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid at such point as the Commissioner may consider suitable:

(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith;

(c) to remove any existing drain, or other appliance or thing used or intended to be used, for drainage, which in the opinion of the Commissioner is injurious to health;

(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is, or which is likely to be, injurious to health;

(e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down-take pipes, so as to prevent such waste water from discharging directly on streets or inside any lower portion of the premises.

(a) to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; or

(b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.

(a) the nature of the intended work,

(b) the estimated expenses thereof, and

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

(a) subject to the provision of sub-section (2), close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;

(b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only or for rain-water only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice required the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rain­water and unpolluted sub-soil water, or for sullage and sewage.

(a) notwithstanding anything contained in section 170, vest in the owner of such premises or group of premises on and from the appointed day;

(b) be provided with all such further appliances and fitting as may appear to the Commissioner necessary for the more effectual working of the same and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.

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

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

(a) connecting the two drains; or

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

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

Disposal of Sewage

(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not heretofore emptied or dispose of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corporation;

(b) no municipal drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the [State] Government shall think fit to disallow.

Water-closets, Privies, Urinals, etc.

(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and

(b) what shall be the site or position of each water-closet or privy.

(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;

(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.

Inspection

(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up,-

(i) to close or remove the same or any encroachment thereupon or, subject to the proviso to clause (c) of sub-section (1) of section 186, to remove any projection over the same; or

(ii) to renew, repair, cover, recover, trap, ventilate, flush, pave and pitch or take such other order to keep the same in working condition by effecting such other works as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or remove for the purpose to such inspection and examination; and

(b) without notice, close, fill up or demolish any drain by which sullage or sewage is carried through from into or upon any premises in contravention of any of the provisions of this Act or the rules or bye-laws, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.

(a) a drain constructed under sub-section (1) of section 167, or

(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-clause (2) of section 173,

(i) it is preferred within twenty-one days from the date of receipt of notice of such demand;

(ii) the amount for which demand is made is deposited with the Corporation and a true copy of the receipt showing that the amount has been so deposited accompanies the appeal.

General Provisions

(a) in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the Commissioner, in any way after the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;

(b) without the written permission of the Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been or has been ordered to be, discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws;

(c) without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place:

(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes, dung or any substance or, matter which is likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents.

(e) pass, or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided;

(f) except as provided by or under this Act, cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of a temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain, dangerous or the cause of a nuisance or prejudicial to health;

(g) cause or suffer to be discharged into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances or such product of petroleum or mixture containing petroleum as give off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.

Chapter XIII

Water Supply

Construction and maintenance of municipal water works

(a) construct, maintain in good repair, alter, improve and extent water­works, either within or without the City, and do any other necessary acts;

(b) purchase or take on lease any water-work, or any water of right to store or to take and convey water either within or without the City;

(c) enter into an arrangement with any person for a supply of water.

(a) enter upon and pass through any land, within or without the City, adjacent to or in the vicinity of such water-works, in whomsoever such land may vest;

(b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements.

(a) erect any building for any purpose whatever on any part of such area as shalt be demarcated by the Commissioner surrounding any lake, tank, well or reservoir from which a supply of water is derived for a municipal water-work;

(b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid;

(c) extend, alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the area aforesaid; or

(d) carry on, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of any such lake, tank, well or reservoir may be fouled or rendered less wholesome.

(a) cause or suffer to percolate or drain into or upon any municipal water-work or to be brought thereinto or thereupon anything, or to be done any tact, whereby the water therein may be in any way fouled or polluted or its quality, altered;

(b) alter the surface of any municipal land adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance;

(c) cause or suffer to enter into the water in such work any animal;

(d) throw or put anything into or upon the water in such work;

(e) bathe in or near such work; or wash or

(f) cause to be washed in or near such work any animal or thing.

Public Gratuitous Water-Supply

Private water supply

General

Chapter XIV

Streets

Construction, Maintenance and Improvement of Streets

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

(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;

(c) construct bridges and sub-ways;

(d) divert or turn an existing public street vested in the Corporation or a portion thereof.

(a) to adopt and maintain any existing or protected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, vaiduct or arch and approaches as parts of public streets, or as property vesting in the Corporation, or

(b) for the construction or alteration of any such sub-way, bridge, vaiduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation.

(a) prohibit vehicular traffic in any particular public street vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;

(b) prohibit in respect of all public streets, or particular public streets, 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 roadways or any construction thereon, or risk or obstruction to other vehicles to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants, and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.

(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land;

(b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon, as it shall seem expedient for the Corporation to acquire outside of the regular line, or of the intended regular line, of such street;

(c) lease, sell or otherwise dispose of any land or building purchased under clause (b).

(a) prescribe a line on one or both sides of any public street:

(b) from time to time, but subject in each case to the previous approval of the Standing Committee, prescribe a fresh line in substitution for any line so prescribed or for any part thereof:

(b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Commissioner:

(b) The Commissioner may, before granting such permission, require the owner to deposit in the municipal office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor in title or transferee of such building.

(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or

(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street, in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the regular line of the street.

(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or

(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.

(a) to rebuild such building, or

(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet.

(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set­back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;

(ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment charge.

Provisions regarding Private Streets

(a) to sell or let on lease 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) to furnish the required information together with all or any of the documents specified in the rules, or

(b) to revise any or all the schemes submitted under the said clause (a), (b) or (c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution of any means of access proposed to be provided in such scheme or schemes and to furnish such further information and documents relating to the revised scheme or schemes as he may specify.

(a) unless such person has given previous written notice of his intention as provided in section 217 not until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;

(b) after the expiry of the period of one year specified in sub-section (2) of section 220;

(c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.

(a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner; or; if that, be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or

(b) to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.

Projections and Obstructions

(a) overhang, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along any street, or

(b) jut or project into or encroach upon any drain or open channel in any street so as to in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.

(a) to erect an arcade over such street or any portion thereof, or

(b) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame canopy, awning, or other such structure or thing projecting from any story over or across any street or portion thereof :

(a) place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place any stall, chair, bench, box, ladder, bale, or other thing whatever so as to form an obstruction thereto or encroachment thereon;

(b) project at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street;

(c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.

(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be created or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day;

(b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act;

(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.

Temporary Erections on Streets during Festivals

Provisions concerning Execution of Works in or near to Streets

(a) take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings;

(b) have any place where the soil or pavement has been opened or broken up fenced and guarded;

(c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 236 for so long as such place shall be continued open or broken up or such bars, chains or posts shall remain set up.

(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement, or any wall, fence, posts, chain or other materiai or thing forming part of any street;

(b) deposit any building materials in any street; or

(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.

[Provision for parking or halting places or lots

Sky-signs and Advertisements

(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;

(b) any change is made in the sky-sign, or any part thereof;

(c) the sky-sign or any part thereof fall either through accident, decay or any other cause;

(d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;

(e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.

(a) is exhibited within the window of any building;

(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same;

(c) relates to the business of any railway administration;

(d) is exhibited within any railway station or upon any wall or other property of a railway administration, except any portion of the surface of such wall or property fronting any street.

Dangerous place and places where some work affecting human safety or Convenience is carried on

Lighting of Streets

(a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;

(b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and

(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.

Watering of Streets

(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit;

(b) procure and maintain such vehicles, animals and apparatus as he shall think fit for the said purpose.

Miscellaneous

(a) any lamps, lamp-post or lamps-iron set up in any public street or in any municipal garden, open space or market or building vesting in the Corporation;

(b) any electric wire for lighting any such lamp;

(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;

(d) any property of the Corporation on any street;

Chapter XV

Building Regulations

Notices regarding Erection, etc. of Buildings

(a) newly to erect a building on any site whether previous built upon or not,

(b) to re-erect -

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

(ii) any masonry building of which more than three-fourth of the superficial area of the external walls above the level of the plinth has been pulled down, or

(iii) any frame building of which more than three quarters of the number of the posts of beams in the external walls have been pulled down.

(c) to convert into a dwelling house any building or part of a building not originally constructed for human habitation or originally so constructed, appropriated for any other purpose,

(d) to convert into more than one dwelling house a building originally constructed as one dwelling house only,

(e) to convert by any structural alteration into a place of religious worship or into a sacred building any place or building not originally meant or constructed for such purpose,

(f) to roof or cover an open space between walls or buildings as regards the structure which is formed by roofing or covering such space,

(g) to convert by a structural alteration two or more tenements in building into a greater or lesser number,

(h) to make any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability,

(i) to convert into a stall, shop, warehouse or godown any building not originally constructed for use as such, or

(j) to construct in a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land,

(a) to make any addition to a building,

(b) to make any alteration or repairs to a building, not being a frame-building involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,

(c) to make-any alteration or repairs to a frame-building involving the removal or re-erection of more than one-half of the posts or beams in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,

(d) to make any alteration in a building involving-

(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms, or

(ii) the conversion of any passage or space in such building into a room or rooms,

(e) to repair, remove, construct, reconstruct or add to any portion of a building abutting on a street which stands within the regular line of such street,

(f) to carry out any work in a building involving-

(i) the construction or re-construction of a roof,

(ii) the conversion of a roof into a terrace,

(iii) the conversion of a terrace into a roof, or

(iv) the construction of a lift shaft,

(g) to carry out any repairs to a building involving the construction of a floor of a room (excluding the ground floor),

(h) to permanently close any door or window in an external wall, or

(i) to remove or reconstruct the principal staircase or to alter its position, shall give notice to the Commissioner, in the form prescribed in the bye-law and containing all such information as may be required to be furnished under the bye-laws.

Commencement of work

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

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

(a) permission has been received from the Commissioner in this behalf, or

(b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission.

[Lawfully erected structures infringing rules or bye-laws

Dangerous Structures

(b) Every such order bearing the signature of [the Designated Officer] shall be a sufficient authority to the person in whose favour it is made, or to any agent to person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistants and workmen, at any time between sunrise and sunset, and to execute the necessary work.

(c) In executing any work under this section, as little damage as can be, shall be done to the adjoining owner's property and the owner or occupier of premises for the benefit of which the work is done, shall-

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

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

Works unlawfully carried on

Power to vacate premises

(a) if such building or portion thereof has been unlawfully occupied in contravention of section 263,

(b) if a notice has been issued in respect of such building or part tnereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;

(c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 264.

Regulation of certain classes of buildings in particular localities

(a) that in any streets or portions of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;

(b) that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;

(c) that the minimum size of building plots in particular localities shall be of a specified area;

(d) that in any localities specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or

(e) that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only.

Chapter XVI

Improvement Schemes

(A) that within certain limits in any part of the City, -

(a) any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation,

(b) the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air, ventilation or proper convenience, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbouring buildings, and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or

(c) it is necessary to provide for the construction of buildings for the accommodation of the poorer sections of the community; or

(B) that for the purpose of providing new building sites or of remedying the defective ventilation of any part of the City, or of creating new or increasing the existing means of communication and facilities for traffic between various parts of the City, it is expedient to form new or to alter existing streets or to construct or reconstruct any bridges, causeways, sub-ways or other works appurtenant thereto in any part of the City, the Commissioner may,-

(i) with the previous approval of the Corporation, which shall not be given unless the Corporation is satisfied of the sufficiency of its resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, specifying the area to which the resolution relates and the works proposed to be included in such scheme and naming a place where a map of the said area may be seen at all reasonable hours;

(ii) during three consecutive weeks publish simultaneously in the Official Gazette and in the local newspapers a copy of the said notification; and

(iii) proceed to make a draft improvement scheme and submit the scheme to the Standing Committee for approval.

(a) shall, within the limits of the area comprised in the scheme provide for, -

(i) the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;

(ii) relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;

(iii) the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;

(iv) the lighting of streets so formed or altered;

(b) may, within this limits aforesaid, provide for, -

(i) the construction or reconstruction of bridges, causeways or sub-ways or any other works appurtenant thereto;

(ii) raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;

(iii) forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;

(iv) the whole or any part of the sanitary arrangements required; and

(c) may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer sections of the community including the whole or part of such sections to be displaced in the execution of the scheme :

(a) communicate a copy of such notification, particulars, map and statement to the Corporation;

(b) publish the notification in the manner prescribed for the publication of a notification under section 270.

(a) state that the Commissioner on behalf of the Corporation proposes to acquire such land or building or part of a building or to levy a betterment charge in respect thereof for the purpose of or in connection with an improvement scheme, and

(b) require the person so served if he objects to such acquisition or levy, to state his reasons in writing within thirty days from the date of service of the notice.

(a) a copy of the resolution passed by the Standing Committee under section 272;

(b) a copy of the resolution passed by the Corporation under section 270;

(c) a description with full particulars of the scheme including the reasons for any modification inserted therein;

(d) complete plans and estimates of the cost of executing the scheme;

(e) a statement specifying the land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge;

(f) a list of the names of the persons, if any, who in answer to the notices mentioned in sub-section (3) of section 272 objected, with the reasons (if any) stated by such persons for objections, in respect of the acquisition of their land or the levy of a betterment charge;

(g) a schedule showing the rateable value, as entered in the Commissioners assessment-book, at the date of the publication of a notification relating to the land under section 272, of all land specified in the statement under clause (e) and of any other land wholly or partially situated within eighty feet from either side of any street to be formed or altered in executing the scheme.

(b) The declaration shall be published in the Official Gazette in the same manner as an order of the [State] Government and shall state the limits within which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate area and the place where a plan of the land may be inspected.

(c) The said declaration shall be conclusive evidence that the land is needed for a public purpose and the Commissioner shall, upon the publication of the said declaration, proceed to execute the same.

(b) If the estimated net cost of executing the scheme as altered exceeds by ten per cent the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the Corporation and of the [State] Government, proceed to execute the scheme as altered.

(c) If the scheme as altered involves the acquisition, otherwise than by agreement, of or the levy of a betterment charge in respect of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 277, the provisions of sections 272 and 277 and of sub-section (1) shall apply to the part of the scheme so altered, in the same manner as if such altered part were the scheme.

(a) the date declared by the Standing Committee under sub-section (1) as aforesaid;

(b) the time, being some time not less than twenty-one days after the service of the notice, and place at which the assessment of the betterment charge will be considered by such officer, and every person upon whom such a notice is served shall be entitled to be heard either in person or by a duly authorised agent when the matter is taken into consideration by such officer.

(1) a reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression "land" as used in the Land Acquisition Act shall be deemed to have the meaning assigned to it by clause (30) of section 2 of this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purpose of this Chapter, be read as if the words and parentheses "(including the [Government])" were inserted after the words "includes all persons", and the words "or if he is the owner of any right created by legislative enactment over any street forming part of the land" were added after the words "affecting the land";

(2) in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provision of this Chapter the provisions of the said sub­section shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 270 and the expression "[State] Government" shall be deemed to include the Commissioner, and the words "such locality" shall be deemed to mean the locality referred to in any such resolution;

(3) in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (1) of section 270 shall be deemed to be the publication of a notification under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 278 shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition Act:

(4) In the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be the local authority or company concerned.

(5) Notwithstanding anything contained in sub-section (1) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector be severed from the remainder without material detriment thereto:

Chapter XVII

Municipal Fire Brigade

Chapter XVIII

Sanitary Provisions

Scavenging and Cleansing

(a) the daily surface-cleansing of all streets in the City and removal of the sweeping therefrom;

(b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of dust, ashes, refuse, rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matter.

(a) dust, ashes, refuse and rubbish;

(b) trade refuse;

(c) carcasses of dead animals;

(d) excrementitious and polluted matter:

Inspection and Sanitary Regulation of Premises

(a) stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; or

(b) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.

Disposal of carcasses of animals

Regulation of Public Bathing, Washing, etc.

(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes;

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

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

(d) prohibit by public notice the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;

(e) regulate by public notice the use by the public of any portion of a river Or other place vesting in the Corporation and set apart by him for any of the said purposes; and

(f) regulate by public notice the use by the public of any portion of a river or other place not vesting in the Corporation for any of the said purposes, and of any work and of the water in any work, assigned and set apart under this Act for any particular purpose.

(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well or on any, part of a river, or other place vesting in the Corporation;

(b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;

(c) thrown, put or cause to enter into the water in any such place or work, any animal or other thing;

(d) cause or suffer to drain into or upon any such place or work, or to be brought thereinto or thereupon, anything, or do anything, whereby the water shall be in any degree fouled or corrupted;

(e) dry clothes in or upon any such place; and no person shall-

(f) in contravention of any prohibition made by the Commissioner under section 310 use any portion of a river or any place not vesting in the Corporation for any purpose mentioned in the said section;

(g) contravene the provisions of any notice given by the Commissioner under section 310 for the use of any such portion of a river or place for any such purpose.

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

(b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well.

Regulations of Factories, Trades, etc.

(i) newly establish in any premises,

(ii) remove from one place to another,

(iii) re-open or renew after discontinuance for a period of not less than three years, or

(iv) enlarge or extend the area or dimensions of,

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

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

Prevention and checking spread of dangerous diseases

Special Sanitary Measures

(a) take such special measures, and

(b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in the rules and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.

Disposal of the dead

(a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial ground adjacent thereto, or

(b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the [State] Government.

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

(b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 323;

(c) build, dig or cause to be built or dug any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 320;

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

(a) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;

(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Commissioner may, by public notice, from time to time think fit to require;

(c) except when no other route is available carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Commissioner in this behalf;

(d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle;

(e) whilst conveying a corpse or part of a corpse, place or leave the same on or near any street without urgent necessity;

(f) bury or caused to be buried any corpse or part of a corpse in a grace or vault or otherwise in such manner as that the surface of the coffin, or, when no coffin is used, of the corpse or part of a corpse shall be at a less depth than six feet from the surface of the ground;

(g) build or dig, or cause to be built or dug, any grave or vault in any burial ground at a less distance than two feet from the margin of any other grave or vault;

(h) build or dig, or cause to be built or dug, a grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Commissioner;

(i) without the written permission of the Commissioner, re-open for the interment of a corpse or of any part of a corpse, a grave or vault already occupied;

(j) after bringing or causing to be brought to a burning ground any corpse or part of a corpse, fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground;

(k) when burning or causing to be burnt any corpse, or part of a corpse, permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse or part of a corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes.

Chapter XIX

Markets And Slaughter Houses

Maintenance and Regulation of Markets and Slaughter-houses

(a) charge for the occupation or use of any stall, shop, standing, shed or pen or other building in a municipal market, slaughter-house or stock-yard and for the right to expose goods for sale in a municipal market, and for weighing and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house, such stallages, rents and fees as shall from time to time be fixed by him, with the approval of the Standing Committee, in this behalf;

(b) with the approval of the Standing Committee, farm the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or

(c) put up to public auction or, with the approval of the Standing Committee, dispose, of, by private sale, the privilege of occupying or using any stall, shop, standing, shed or pen or other building in a municipal market, slaughter-house or stock-yard for such term and on such conditions as he shall think fit.

Inspection of Places of Sales, etc.

Chapter XX

The Transport Undertaking

The operation of the Undertaking and the Construction and Maintenance of Works

(a) construct or acquire Transport Undertakings, including mechanically propelled transport facilities for the conveyance of the public, subject to the provisions of the Motor Vehicles Act, 1939, or of any other enactment for the time being in force and the conditions of any licence, permit or sanction in favour of the Corporation granted thereunder;

(b) construct buildings and works of every description necessary or desirable for the operation or development of the Transport Undertaking;

(c) purchase or take on lease or hire or otherwise acquire any moveable or immovable property or rights;

(d) exercise any of the powers of a licensee holding a stage permit under the [Motor Vehicles Act, 1939], which the Corporation is for the time being authorised to exercise and any other powers exercisable by the Corporation under the said Act in relation to the provision of mechanically propelled transport facilities for the conveyance of the public.

Fares and Charges

Acquisition and Disposal of Property

(a) the Transport Manager may dispose of by sale, hire or otherwise, any movable property belonging to the Corporation not exceeding in value, in each instance, two thousand rupees or such higher amount as the Corporation may from time to time, with the approval of the [State] Government, determine;

(b) the Transport Manager may grant a lease of any immovable property belonging to the Corporation for any period not exceeding twelve months at a time:

(c) with the sanction of the Transport Committee, the Transport Manager may dispose of, by sale or otherwise, any moveable property belonging to the Corporation of which the value does not exceed ten thousand rupees, and may grant a lease of any immovable property belonging to the Corporation for any period exceeding one year, or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;

(d) with the sanction of the Corporation, the Transport Manager may lease, sell or otherwise convey any property, moveable or immovable, belonging to the Corporation.

Officers and Servants

(a) no new permanent office of which the minimum monthly salary exclusive of allowances exceeds two hundred rupees shall be created without the sanction of the Corporation and no new office with a minimum monthly salary, exclusive of allowances, of five hundred rupees or more or with a maximum monthly salary exclusive of allowances of eight hundred rupees or more shall be created without the sanction of the [State] Government.

(b) the Corporation may by resolution direct that the scales of pay of any specified classes or grades of officers or servants shall not be varied without the approval of the Corporation and, so long as such resolution is in force, the Transport Committee shall not authorise any variation in such scales without such approval.

Revenue and Expenditure

The Transport Fund

(a) by the Commissioner or by the Transport Manager or in the absence of both, by a municipal officer whose name appears in a list of officers authorised to sign cheques approved by the Transport Committee;

(b) by a municipal officer whose name appears in the said list, other than an officer who may have signed the cheque under clause (a).

(a) sums of which the expenditure has been sanctioned by the Transport Committee under section 102;

(b) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Transport Fund by mistake;

(c) sums which the Transport Manager is under the provisions of this Act or any other enactment required or empowered to pay by way of compensation;

(d) costs incurred by the Transport Manager under section 67;

(e) any sum required to make good to the Municipal Fund any payment made by the Commissioner out of the Municipal Fund under the provisions of section 86 for the purpose of the Transport Undertaking.

(a) the repayment to the Municipal Fund of any amount disbursed therefrom for the purposes of the Transport Undertaking, including the cost of, or reasonable charges for, all supplies provided and services rendered for any such purposes by the Commissioner at the charge of the Municipal Fund;

(b) the payment to the Municipal Fund of a sum of money equivalent to the sum which would have been payable under this Act on account of municipal taxes in respect of lands and buildings and other properties, moveable and immovable, of the 'Transport Undertaking if the said lands, buildings and other properties had not vested in the Corporation;

(c) the payment of fees to the Chairman and members of the Transport Committee, and the salary and allowances of the Transport Manager;

(d) the payment of salaries and allowances of all municipal officers and servants appointed under the provisions of this Chapter and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Chapter or of the regulations or of any statement framed under this Act for the time being in force;

(e) the payment of all expenses and costs incurred by the Transport Manager in the exercise of any power or the discharge of any duty conferred or imposed upon him for the purposes of, or in connection with, Transport Undertaking under the provisions of this Act or of any other enactment, including moneys which he is required or empowered to pay by way of compensation;

(f) the payment of every sum payable under a decree or order of a Civil or criminal court passed against the Corporation or against the Commissioner or the Transport Manager ex-officio in any proceeding arising out of the acquisition, maintenance or operation of the Transport Undertaking, or under a compromise effected under section 481 of any suit or other legal proceeding or claim arising out of such acquisition, maintenance or operation;

(g) every sum required by the provisions of section 359 or 360 to be transferred to the Municipal Fund;

(h) every sum chargeable under section 108.

Payments out of Surplus Balance

(a) 30 per cent of the surplus shall be credited, under a separate heading in the accounts maintained under section 361 to a special fund to be called the "Revenue Reserve Fund" unless the balance in the said Revenue Reserve Fund, with such credit, would exceed such sum as the Corporation shall, with the sanction of the [State] Government fix, in which case only such sum, if any, as is required to bring the balance to the sum so fixed shall be so credited and the remainder of the surplus, upto 30 per cent thereof shall be added in equal shares to the amounts credited or transferred under clauses (b), (c) and (d);

(b) 30 per cent of the surplus and such additional amount as may be available under clause (a) shall be credited under a separate heading, in the accounts maintained under section 361 to a special fund called "the Transport Betterment Fund";

(c) 25 per cent of the surplus and such additional amount as may be available under clause (a) hall be transferred to the Municipal Fund for credit to the Welfare Fund constituted under the rules; and

(d) 15 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund.

(i) in making good or in reduction of any deficit in the amount to be transferred in any year to the Municipal Fund under section 359; and

(ii) in meeting any charges to be defrayed out of the Transport Fund to the extent to which the balance available in the Fund is insufficient for the purpose.

Accounts

Chapter XXI

Vital Statistics

Registration of Births and Deaths

(a) divide the City into such and so many divisions as he may from time to time think fit;

(b) nominate for each such division a municipal officer to be the Registrar of births and deaths; and

(c) appoint for each Registrar a suitable station as his office within the division for which he is appointed.

(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Act concerning the birth or such child, and the Registrar General or Registrar, as the case may be, shall not enter in the register the name of any person as father of such child, unless at the joint request of the mother and of the person acknowledging himself to be the father of such child, and such person shall in such case sign the register together with the mother;

(b) a person required to give information only in default of some other person shall not be bound to give such information if he believed and has reasonable grounds for believing that such information had been given;

(c) when a child is born in any hospital, the officer in charge thereof shall be bound to forward forthwith to the Registrar General or Registrar, as the case may be, a report of such birth in such form as the Registrar General may from time to time specify.

Chapter XXII

Licences And Permits

I. Licensing of Surveyors, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers

II. Trade licences and other licences for keeping animals and certain articles

(a) keep in or upon any premises any article specified in the rules-

(i) in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and,

(ii) for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;

(b) keep in or upon any buildings intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras or loose, in quantity exceeding four hundred-weight;

(c) keep, or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals-

(i) for sale,

(ii) for letting out on hire,

(iii) for any purpose for which any charge is made or any remuneration is received, or

(iv) for sale of any produce thereof;

(d) carry on, or allow to be carried on, in or upon any premises-

(i) any of the trades or operations connected with any trade specified in the rules,

(ii) any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;

(e) carry on within the City, or use any premises for, the trade or operation of a carrier.

(a) to grant any licence referred to in sub-section (1) subject to such restrictions or conditions (if any) as he shall think fit to prescribe, or

(b) to withhold any such licence.

III. Licences for sale in municipal markets

IV. Licences for private markets

(a) keep open, or permit to be kept open, a private market;

(b) use or permit to be used any place in the City as a slaughter-house or for the slaughtering of any animal intended for human food;

(c) use or permit to be used any place without the City, whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City:

(i) the Commissioner shall not refuse a licence for keeping open a private market lawfully established at the appointed day if application for such licence is made within two months thereof except on the ground that the place where the market is held fails to comply with any requirement of this Act or of the rules, bye-laws or standing orders;

(ii) the Commissioner shall not cancel or suspend or refuse to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some standing order or with some bye-law;

(iii) The Commissioner may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee, or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein;

(iv) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.

V. Licences for sale of Articles of Food outside of markets

(a) any four-footed animal or any meat or fish intended for human food, in any place other than a municipal or private market;

(b) ices and aerated waters, kulfi, sugar-cane juice, cut or peeled fruit and vegetables, any confectionery or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Commissioner, in any place other than a municipal or private market or licensed eating house or sweetmeat shop.

VI. Licensing of Butchers, etc.

(a) carry or within the city, or at any municipal slaughter-house, the trade of a butcher;

(b) use any place in the City for the sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such flesh for consumption in the City.

VII. Licences for dairy products

(a) carry on within the City the trade or business of a dairyman;

(b) use any place in the City as a dairy or for the sale of any dairy produce.

VIII. Licences for hawking, etc.

IX. General provisions regarding licences and permits.

Chapter XXIII

Power Of Entry And Inspection

(a) any stable, garage, coach-house or any place where any vehicle, boat or animal liable to tax is kept - under section 145;

(b) any land whereon any municipal drain has been or is proposed to be constructed - under section 155;

(c) any land belonging to any person for the purpose of emptying his own drain into a municipal drain - under sections 159, 161, 167 and 168;

(d) any land whereon shafts, or pipes for ventilating drains are required to be fixed - under section 175;

(e) drains, ventilators, shafts, pipes, cesspools, latrines, urinals, bathing and washing places - under section 181;

(f) any land which provides access to any municipal water work - under section 191;

(g) any premises which are suspected to have been used for any trade or keeping any article in contravention of section 376;

(h) any premises for the use of which a licence is required and has been granted under the provisions of this Act;

(i) any building during its erection or any work during its execution;

(j) any premises which are provided by the Corporation for the residence of municipal officers and servants.

Chapter XXIV

Compensation

(a) carrying any municipal drain through, across or under any street or any place laid out as or intended for a street or across any cellar or vault under any street - under sub-section (1) of section 155;

(b) entering upon and constructing any new drain or repairing or altering any municipal drain already constructed - under sub-section (2) of section 155;

(c) affixing of pipes of shafts for the purpose of ventilation of any drain or cesspool to any building or tree - under sub-section (1) of section 175;

(d) opening of any ground, any portion of a drain, any portion of a building or any work exterior to a building - under section 182;

(e) entering upon, and passing through any land in the vicinity of a water work or conveying or causing to be conveyed men, materials and tools through such land - under section 191;

(f) acquiring any buildings or land required for a public street - under section 216;

(g) removing or altering a structure or fixture - under sub-section (4) of section 226, sub-section (3) of section 227 and section 232;

(h) the rounding or spraying of a building at the corner of two or more streets - under section 243;

(i) cutting into, laying open or pulling down any building or work - under section 261;

[(i-i)the demolition or alteration of a but or shed - under section 263A;]

(j) the demolition of an obstructive building - under section 304;

(k) the destruction of an insanitary but or shed - under section 317;

(l) the destruction of any property in exercise of the powers vested in the Commissioner for preventing a (l) dangerous or infectious disease - under section 319;

(m) the exercise of powers or execution of any work in regard to which no express provision occurs in the Act, rules or bye-laws for the payment of compensation.

Chapter XXV

Penalties

(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part 1 of the Table in Appendix II or of any regulation or order made thereunder, or

(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,

(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Appendix II or of any regulation or order made thereunder, or

(b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,

Chapter XXVI

Proceedings Before Judge, District Judge And Magistrates

I. Election Enquiries

(a) in which the validity of the election of councillors elected to represent the same ward is in question shall be heard by the same Judge, and

(b) in which the validity of the election of the same councillor elected to represent the same ward is in question shall be heard together.

II. References to the Judge

III. Appeals against Valuations and Taxes

(a) it is brought within fifteen days after the accrual of the cause of complaint;

(b) in the case of an appeal against a rateable value [or a capital value, as the case may be] a complaint has previously been made to the Commissioner as provided under this Act and such complaint has been disposed of;

(c) in the case of an appeal against any tax [including interest and penalty imposed] in respect of which provision exists under this Act for a complaint to be made to the Commissioner against the demand, such complaint has previously been made and disposed of;

(d) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, a complaint has been made by the person aggrieved within [twenty one days] after he first received notice of such amendment, and his complaint has been disposed of;

(e) in the case of an appeal against a tax, or in the case of an appeal made against a rateable value [or the capital value, as the case may be] [the amount of the disputed tax claimed from the appellant or the amount of the tax chargeable on the basis of the disputed rateable value, [or the capital value, as the case may be] upto the date of filing, the appeal has been deposited by the appellant with the Commissioner.]

(i) to the Deputy Commissioner, when the demand notice is raised by the Cess Officer [or any other officer, not being the Deputy Commissioner]

(ii) to the Commissioner, when the demand notice is raised by the Deputy Commissioner.

(a) in the case of an, appeal against a rateable value, [or the capital value, as the case may be] on the day when the complaint made to the Commissioner against such value is disposed of;

(b) in the case of an appeal against any tax referred to in clause (c) of sub-section (2) of the said section on the day when the complaint against the tax is disposed of by the Commissioner;

(c) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of;

(d) in the case of an appeal against a tax not covered by clause (b) above on the day when payment thereof is demanded or when a bill therefore is served.

(a) from any decision of the Judge in an appeal under section 406 by which a rateable value [or a capital value, as the case may be] is fixed, and

(b) from any other decision of the said Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document:

IV. Appeals to the Judge and District Court.

V. Proceedings before Judge

(a) on any application, appeal or reference made under this Act to the Judge; and

(b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process:

VI. Appointment of Magistrates

VII. References to Magistrates

(a) the abatement of overcrowding - under section 307;

(b) the detention of a person suffering from a dangerous disease in a public hospital under the rules.

VIII. Proceedings before Magistrates and the Sessions Court.

[(b) Offences under section 397A shall be cognizable and bailable.]

(a) within six months next after the date of the commission of such offence; or

(b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.

(a) to put in force any of the provisions of this Act, or of any rule, regulation or bye-law or to take such measures as to such Magistrate shall, seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;

(b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.

IX. Arrest of Offenders

X. Miscellaneous

Chapter XXVII

Recovery Of Municipal Dues Other Than Taxes

(a) unless the said person neglects or refuses at the request of the Commissioner truly to disclose the amount of the rent payable by him in respect of the said building or premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any larger sum than, upto the time of demand, is payable by him to the owner on account of rent of the said building, land or premises; but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner;

(b) the said persons shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses;

(c) nothing in this section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing or measured as aforesaid.

Chapter XXVIII

Control

(a) [* **]

(b) [* **]

[(c) all powers and duties of the Corporation, the Standing Committee, the Transport Committee and all other committees constituted under the Act, shall, during the period of dissolution be exercised and performed by such Government Officer or Officers as the State Government may, from time to time, appoint in this behalf;]

[(d) on dissolution of the Corporation all the property vested in the Corporation shall vest in the State Government.]

(e) the person or persons appointed under clause (c) may delegate his or their powers and duties to an individual of a committee or sub-committee.

[(f) the Government Officer or Officers appointed under clause (c), and the individual or the members of the committee or sub-committee referred to in clause (e) shall receive such remuneration from the Municipal Fund as the State Government may from time to time determine.]

Chapter XXIX

Rules, Bye-Laws, Regulations And Standing Orders

[(a) * * *]

[(b) the maintenance of the municipal election roll and the preparation, publication and sale of copies thereof;]

(c) the nomination of candidates, the form of nomination papers, objections to such nominations, and the taking and return of deposits from and to candidates;

(d) the date, time and place of ward elections and the management of contested ward elections;

[(e) * * * *]

(f) the mode of voting and the form of ballot paper;

(g) the counting of votes, the declaration of results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward;

(h) the custody and disposal of papers relating to ward elections;

(i) any other matter relating to ward elections for which it may be expedient to provide.

(a) the time and place of meetings of the Corporation, committees and sub-committees;

(b) the manner in which notice of such meetings, shall be given;

(c) the quorum necessary for the transaction of business at such meetings;

(d) the management and adjournment of such meetings, and the regulation of orderly conduct of business thereat, including the withdrawal or suspension of members guilty of disorderly conduct;

(e) the submission, asking and answering of questions at meetings of the Corporation;

(f) the constitution of Special Committees;

(g) the keeping of minutes and the submission of reports of meetings of the Corporation, committees and sub-committees;

(h) the delegation of the powers of the Standing Committee to sub­committees;

(i) the payment of conveyance charges to the Chairman and members of the Transport Committee for attendance at meetings there.

(j) any other matter relating to the proceedings of the Corporation, a Committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute books and the supply of copies of minutes to councillors or other persons on payment of fees or otherwise.

(a) The qualifications necessary for and the method of appointment to posts the power of appointment to which vests in the Corporation;

(b) the mode of appointment to other posts;

(c) the powers and duties of the Municipal Chief Auditor and his staff;

(d) the determination of the services under the municipality to be treated as essential services for the purposes of Chapter V.

(a) The manner in which contracts may be executed;

(b) the security to be demanded for the due performance of contracts;

(c) the calling, examination and acceptance of tenders;

(d) the procedure to be followed in disposing of the property of the Corporation.

(a) The classification of budget estimates of expenditure according to budget heads;

(b) the manner of making reductions in or transfers from one budget head to another or within a budget head.

(a) The assessment and recovery of Municipal taxes;

(b) the conditions on which refunds of municipal taxes shall be allowed;

(c) in respect of a tax leviable under sub-section (2) of section 127, the matters referred to in sub-section (1) of section 149.

(a) The construction, maintenance, improvement, alteration and discontinuance of drains;

(b) the conditions and restrictions to be observed with reference to drains;

(c) the conditions for connections with municipal drains;

(d) the conditions on which occupiers of trade-premises may discharge any trade effluent into municipal drains;

(e) the conditions to be observed in erecting or affixing ventilation shafts or pipes under section 175;

(f) the manner in which samples of trade-effluent shall be analysed;

(g) the construction, position and maintenance of water-closets, privies, urinals, bathing places or washing places.

(a) The information and documents to be furnished in connection with the lay-out of lands for buildings and private streets;

(b) the definition of sky-signs;

(c) the naming or numbering of streets and public places and the numbering of [premises]

(a) The manner in which further information and documents in regard to the erection of, or additions to, alterations in, or repairs of, buildings shall be supplied;

(b) the conditions to be observed in commencing, carrying out, and completing building work and in occupying buildings on completion of works;

(c) the restrictions under which alterations may be made in the use of buildings;

(d) the inspection of newly constructed buildings;

(e) the conditions on which loans may be granted out of the Municipal Fund for building and the form of application for such loans.

(a) The furnishing of information regarding the number of occupants in buildings;

(b) the removal and disposal of filth, rubbish and polluted and excrementitious matter from premises;

(c) the maintenance of premises in a sanitary conditions;

(d) the prevention of nuisances, including the prohibition and regulation of wells;

(e) the removal, trimming and cutting of trees and hedges;

(f) the regulation of the keeping of animals in the City;

(g) the regulation of public bathing and the washing of clothes;

(h) the information to be furnished by persons applying for permission to establish, remove, or re-open a factory, workshop, work-place or bakery governed by section 313;

(i) the articles which may not be kept and the trades and operations which may not be carried on in or upon any premises without a licence under section 376;

(j) the inspection of premises used or suspected of being used as a factory, workshop, work-place or bakery or for any licenseable trade or occupation or for the storage of any licenseable article;

(k) the prevention and regulation of the discharge of smoke, steam, fumes and noxious vapours;

(l) the prohibition and regulation of the use of whistles, trumpets and noise-producing instruments operated by any mechanical means;

(m) measures for the prevention of the spread of dangerous diseases,

(a) a notice of the intention of the Corporation to take such bye-law into consideration shall have been in the Official Gazette and in the local newspapers at least six weeks before the date on which the Corporation finally considers such bye-law;

(b) a printed copy of such bye-law shall have been kept at the chief municipal office and made available for public inspection free of charge by any persons desiring to peruse the same at any reasonable time for at least one month from the date of the, notice given under clause (a);

(c) printed copies of such bye-law shall have been delivered to any person requiring the same on payment of such fee for each copy as shall be fixed by the Commissioner;

(d) all objections and suggestions which may be made in writing by any person with respect thereto within one month of the date of the notice given under clause (a) shall have been considered by the Corporation.

(a) prescribing the qualifications required for appointments to posts in municipal service other than those specified in sub-clause (a) of clause (3) of section 457;

(b) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;

(c) regulating the grant of leave to municipal officers and servants;

(d) authorising the payment of allowances to the said officers and servants or to certain of them, whilst absent on leave;

(e) determining the remuneration to be paid to the person appointed to act for any of the said officers or servants during their absence on leave;

(f) authorising the payment of travelling or conveyance allowance to the said officers and servants;

(g) regulating the period of service of all the said officers and servants;

(h) determining the conditions under which the said officers and servants or any of them, shall on retirement or discharge receive pensions, gratuities or compassionate allowances, and under which the surviving spouse or children and, in the absence of the surviving spouse or children, the parents, brothers and sisters, if any, dependent on any of the said officers and servants, shall, after their death, receive compassionate allowances and the amounts of such pensions, gratuities or compassionate allowances;

(i) prescribing the procedure to be followed in removing from service or dismissing or otherwise punishing any municipal officer or servant other than an officer who is appointed under section 40 or 45 or who is appointed to act in the place of such officer;

(j) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may, with the approval of the Standing Committee, be established by the said officers and servants or to such provident fund, if any, as may be established by the Corporation for the benefit of the said officers and servants;

(k) prescribing the conditions under which and, subjects to the provisions of sub-section (2) of section 50, the authorities by whom the said officers and servants or any of them, may be permitted while on duty or during leave to perform a specified service or series of services for a private person or body or for a public body, including a local authority, or for the Government and to receive remuneration therefor;

(l) in general, prescribing any other conditions of service of the said officers and servants.

(a) determining the standards of fitness of buildings for human habitation;

(b) regulating the declaration of expenses incurred by the Commissioner-under the provisions of this Act and the rules in respect of any materials or fittings, supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier to be improvement expenses;

(c) prescribing the powers of the Municipal Chief Auditor with regard to the disapproval of and the procedure with regard to the settlement of objections to expenditure from the revenues of the Corporation;

(d) regulating the grant of permission by the Commissioner for the construction of shops, ware-houses, factories, huts or buildings designed for particular uses in any streets, portions of streets or localities specified in a declaration in force under section 269.

(b) regulations under [Clause (c) of sub-section (2)] shall be made in consultation with the Chief Auditor and shall not have effect unless sanctioned by the Corporation.

(A) (a) prescribing makas for the collection of [***] tolls;

(b) regulating the mode and manner in which [***] tolls shall be collected;

(c) [***]

(d) regulating the stamping, sealing or otherwise marking of imported goods;

(e) [***]

(f) determining the supervision under which, the routes by which and the time within which goods intended for immediate exportation shall be conveyed out of City and the fees payable by persons so conveying the goods;

(g) [***]

(B) the manner in which sales of immovable property attached for the non­payment of municipal dues shall be held;

(C) (a) the training, discipline and good conduct of the men belonging to the municipal fire-brigade and any volunteer fire-brigade recognised by the Corporation;

(b) their speedy attendance with engines, fire-escapes and all necessary implements on the occasion of any alarm of fire;

(c) the maintenance of the said brigade generally in a due state of efficiency;

(d) determining the officers to whom and the places at which intimation of the outbreak of a fire shall be reported and the action to be taken on the receipt of such intimation;

(e) for the granting of gratuities, rewards or certificates to persons who have given notice of fires or who have rendered meritorious service to the fire brigade on the occasion of a fire;

(D) (a) for preventing nuisance or obstruction in any market-building, market- place, slaughter-house or stock-yard or in the approaches thereto;

(b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours.

(c) prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any articles in which he normally deals;

(d) for keeping every market-building, market-place, slaughter-house or stock-yard in cleanly and proper state, and for removing filth and refuse therefrom;

(e) requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water;

(f) requiring that in market-buildings and market places, passages be provided between the stalls of sufficient width for the convenient use of the public;

(g) for tile marking or branding for purpose of identification of animals rejected for slaughter as discarded or unwholesome;

(h) regulating the method of slaughter at slaughterhouses;

(i) requiring the allotment in markets of separate areas for different classes of articles;

(j) generally regulating the orderly management and control of markets, slaughter-houses and stock-yards.

(a) be punished with fine which may extend to five hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for the first breach;

(b) be punished with fine which may extend to twenty rupees for every day, during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach;

(c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.

Chapter XXX

Miscellaneous

Public Notices and Advertisements

(a) the Corporation, the Standing Committee, the Transport Committee or any other Committee;

(b) the Commissioner or the Transport Manager or any municipal officer, a written document signed as provided in sub-section (2) purporting to convey or set-forth, such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.

(a) when the authority concerned is the Corporation or the Standing Committee or any Committee other than the Transport Committee, by the Municipal Secretary on behalf of such authority;

(b) when the authority concerned is the Transport Committee, by the Chairman of that Committee;

(c) when the authority concerned is the Commissioner, the Transport Manager or any municipal officer, the Commissioner, the Transport Manager or such municipal officer, as the case may be.

Service of Notices, etc.

(a) by giving or tendering to such person the said notice, bill, schedule, summons or other documents; or

(b) if such person is not found, by leaving the said notice, bill, schedule, summons or other documents at his last known place of abode in the City, or by giving or tendering the same to some adult member or servant of his family, or by leaving the same at his usual place of business, if any, or by giving or tendering the same to some adult employee, if any, of his at such place; or

(c) if such person does not reside in the City and his address elsewhere is known to the Commissioner by forwarding the said notice, bill, schedule, summons or other document to him by post under cover, bearing the said address; or

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

(a) by giving or tendering the said notice, bill, schedule, summons or other document to the owner or occupier, or if there be more than one owner or occupier, to any one of the owners or occupiers of such building or land; or

(b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other document to some adult member or servant of the family of the owner or occupier or of any of the owners or occupiers; or

(c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the building or land to which the same relates.

Unauthorised works

Enforcement of orders to execute works, etc.

Legal Proceedings

(a) take, or withdraw from proceedings against any person who is charged with, -

(i) any offence against this Act or any rule, regulation or bye-law;

(ii) any offence which affects or is likely to affect any property or interests of the Corporation or the due administration of this Act;

(iii) committing any nuisance whatever;

(b) compound any offence against this Act or any rule, regulation or bye­law which under the law for the time being in force may legally be compounded;

(c) defend any election petition brought under section 16;

(d) defend, admit or compromise any appeal against a rateable value [or a capital value, as the case may be] or tax brought under section 406;

(e) take, withdraw from or compromise, proceedings under sub-section (2) of section 402, sub-sections (3) and (4) of section 439 and sections 391 and 416 for the recovery of expenses or compensation claimed to be due to the Corporation;

(f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of the Standing Committee, any such claim for any sum exceeding five hundred rupees;

(g) defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;

(h) with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation , r against the Commissioner or a municipal officer or servant, in respect of am '.hing done or omitted to be done as aforesaid;

(i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.

(j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or servant:

General

(a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any for the purpose of such suit, nor

(b) unless it is commenced within six months next after the accrual of the cause of action.

(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;

(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.

(1) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code;

(2) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and bye-laws to entitle such occupant to permission under section 65 of the said Code subject to the condition of the payment of altered assessment and fine, if any, for the use of his holding or part thereof for any purpose unconnected with agriculture.

Chapter XXXI

Repeals And Amendments

Appendix I

(See Section 282)

Provisions of the Land Acquisition Act, 1894, Regulating the Acquisition of Land for Improvement Purposes.

Appendix II

(See Section 392)

Table of Penalties

Part I

Part II

Appendix III

(See Section 491)

Enactments Amended

Appendix IV

Transitory Provisions

(See Section 493)

Part I

General

(a) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under [the Maharashtra Municipalities Act, 1965] or any other law in force in any local area constituted to be a City immediately, before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be;

(b) all budget estimates, assessments, valuations, measurements, and divisions made under [the Maharashtra Municipalities Act, 1965] or any other law in force in any area constituted to be a City immediately before the appointed day shall in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act;

(c) all officers and servants in the employ of the said municipality or local authority immediately before the appointed day shall be officers and servants employed by the Corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled to subject on such date:

Part II

Part III

Special Provisions relating to the City of Poona

List I

The areas of the following revenue villages included within the limits of the City of Poona.

List II

Part IV

Part V

Power to remove difficulties

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