Bare Acts Live

West Bengal Municipal Act, 1993

West Bengal Act 22 of 1993

WB087

Part I

CHAPTER I

Preliminary

[(1) "Annual Development Plan" means the Annual Development Plan prepared under section 300,]
[[(1A)] "annual valuation" means annual value, and includes determination of annual value where the context so requires:]
[(1B)] "Auditor" means an Auditor appointed under section 86, and includes any officer authorized by him to perform all or any of the functions of an Auditor under this Act;
(2) "bridge" includes a culvert;
(3) "building" means a structure constructed for whatsoever purpose or of whatsoever materials, and includes the foundation, plinth, wall, floor, roof, chimney, fixed platform, verandah, balcony, cornice, or projection or part of a building or anything affixed thereto or any wall (other than boundary wall of less than three metres in height) enclosing or intended to enclose any land, sign or outdoor display structure, but does not include a tent, samiana or tarpaulin shelter;
(4) "building line" means the line up to which the main wall of a building abutting on a street or a projected public street may lawfully extend;
(5) "bustee" means an area containing land occupied by, or for the purposes of any collection of huts or other structures used or intended to be used for human habitation;
Explanation. - If any question arises as to whether any particular area is or is not a "bustee", the Board of Councilors shall decide the question and such decision shall be final;
(6) "bye-law" means a set of regulations made by the municipality under this Act;
(7) "carriage" means any wheeled vehicle with springs or other appliances acting as springs, which is used for the conveyance of human beings or goods, and includes a /in-rickshaw, a van-rickshaw and a cycle-rickshaw, but does not include a motor vehicle or a bicycle or a tricycle or a perambulator or other form of vehicle designed for the conveyance of small children;
(8) "cart" means any cart, hackery or wheeled vehicle with or without springs, which is not a carriage or a motor vehicle as defined in this section, and includes a handcart, but does not include the trailor of a motor vehicle, a bicycle or a tricycle or a perambulator or other form of vehicle designed for the conveyance of small children;
(9) "Chairman" means the Chairman elected under section 17;
[(9A) "Computer network" and "Computer resource" have the same meaning as explained in sub-clauses (j) and (k) of sub-section (1) respectively in section 2 of the information Technology Act, 2000; (21 of 2000)]
(10) "connected-privy" means a privy which is directly connected with a sewer;
[10A) "corporate section" means a financial institution,
Explanation. - "Financial institution" shall mean -

(a) a bank to which the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), do not apply,

(b) a financial institution which is not maintained or managed by the Central Government or the State Government,

(c) a private company, or a limited company (being a public company), as defined in the Companies Act, 1956 (1 of 1956), not being a public financial institution within the meaning of section 4A of that Act, or

(d) a co-operative society, by whatever name called, registered or deemed to have been registered under the West Bengal Co-operative Societies Act, 1983 (West Ben. Act 45 of 1983);]

[(11) ***]
'(11) "Council" means the Darjeeling Gorkha Hill Council constituted under the Darjeeling Gorkha Hill Council Act, 1988;'.
[(11A) "Councilor" in relation to Municipality means a person chosen by direct election from a ward of the Municipality;]
(12) "cubical extent", with reference to the measurement of a building, means the space contained within the external surfaces of its wall and roof and the upper surface of the floor of its lowest or only storey;
(13) "dairy" includes any farm, cattle-shed, cow-house, milk-store, milk-shop or other place-

(a) from which milk is supplied on, or for sale, or

(b) in which milk is kept for the purposes of sale or used for manufacture or preparation for sale of-

(i) butter, or

(ii) ghee, or

(iii) cheese, or

(iv) curds, or

(v) dried, sterilized, condensed or toned milk,

but does not include-

(a) a shop or other place in which milk is sold' for consumption on the premises only, or

(b) a shop or other place from which milk is sold or supplied in hermetically closed and unopened receptacles in the same original condition in which it was first received in such shop or other place;

(14) "dairyman" includes any occupier of a dairy, or any cowkeeper who trades in milk, or any wholesale or retail seller of milk;
(15) "dangerous disease" means-

(a) cholera, plague, small-pox, cerebro-spinal meningitis, diptheria, tuberculosis, leprosy, influenza, encephalitis, poliomyelitis and syphilis; and

(b) any other epidemic, endemic, or infectious disease, which the State Government may, by notification, declare to be a dangerous disease for the purposes of this Act;

[(15A) "District Magistrate" means the District Magistrate referred to in sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974):]
[(15B) "District Planning Committee" means the District Planning Committee constituted under sub-section (1) of section 3 of the West Bengal District Planning Committee Act. 1994 (West Ben. Act 20 of 1994), and includes the Siliguri Sub-Division Planning Committee;
(15C) "Draft Development Plan" means the Draft Development Plan prepared under section 297;]
(16) "drain" includes a sewer, a house-drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying off sullage, sewage, offensive matter, polluted water, rain-water or subsoil water:
(17) "drug" means any substance used as medicine or in the composition or preparation of medicines, whether for internal or external use, but does not include a drug within the meaning of clause (b) of section 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940);
(18) "dwelling house" means a masonry building constructed, used or adapted to be used wholly or principally for human habitation;
(19) "electoral roll" means the electoral roll prepared, revised or corrected [ * * *] by the State Election Commission;
(20) "food" includes every article used for food or drink by man, other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also includes confectionery, flavouring and colouring matters, spices and condiments;
(21) "footpath" or "footway" means pavement at the side of road for pedestrians;
[(21A) "Gorkhaland Territorial Administration" means the Gorkhaland Territorial Administration constituted under the Gorkhaland Territorial Administration Act, 2011]
(22) "habitable room" means- a room constructed or adapted for human habitation:
[(22A) "heritage building or site" means any building of one or more premises. or any part thereof, or any monument, or any precinct, or any site, which requires preservation and conservation for historical, architectural, environmental or cultural purpose, and includes such portion of the land adjoining such building or any part thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of 1979);
(22B) "Heritage Conservation Committee" means the Heritage Conservation Committee constituted under sub-section (1) of section 225D;]
[(23) "hill areas" means the areas within the region as specified in clause (O) of section 2 of the Gorkhaland Territorial Administration Act, 2011;]
(24) "holding" means land held under one title or agreement and surrounded by one set of boundaries:
Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house, manufactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of this Act.
Explanation.-Holdings separated by a street or other means of communication shall be deemed to be adjoining within the meaning of this proviso;
(25) "house-drain" means any drain of one or more premises used for the drainage of such premises;
(26) "house-gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter to municipal employees or to persons employed in the cleansing thereof or in the removal of such matter therefrom, and includes the air space above such passage or land;
[(26A) "household sector" includes -

(a) a rural household or urban household,

Explanation I. - "Rural household" shall mean a household within a rural area as defined in. the West Bengal District Planning Committee Act, 1994.
Explanation II. - "Urban household" shall mean a household within an urban area as defined in the West Bengal District Planning Committee Act, 1994.

(b) a business undertaking, whether proprietorship or partnership, not being a body corporate as defined in the Companies Act, 1956, (1 of 1956) or

(c) a trust for a public purpose of a charitable nature within the meaning of Charitable and Religious Trusts Act, 1920 (14 of 1920);]

(27) "hut" means any building, no substantial part of which excluding the walls up to a height of fifty centimetres above the floor or floor level is constructed of masonry, reinforced concrete, steel, iron or other metal;
[(27A) "industrial township" means such urban area [or any other area] or part thereof as the Governor may, having regard to the size of the area and the municipal services being provided or proposed to be provided by an industrial establishment in that are and such other factors as he may deem fit, by public notification, Specify to be an industrial township ;]
(28) "infectious disease" or "communicable disease" means any disease which may be transmitted from one person to another and declared as such by the State Government by notification;
(29) "inhabited room" means a room in which some person passes the night or which is used as a living room, and includes a room with respect to which there is a reasonable presumption (until the contrary is shown) that some person passes the night therein or that it is used as a living room;
(30) "land" includes benefits arising out of land, and things attached to the earth;
(31) "market" includes any place, by whatever name called, where persons assemble for the sale of meat, fish, fruit, vegetables, live stock, or any other article of food of a perishable nature, or any other article for which there is a collection of shops or warehouses or stalls, declared and licensed by the Municipality as a market;
(32) "masonry building" means any building other than a hut, and includes any structure, a substantial part of which is made of masonry, reinforced concrete, steel, iron or other metal;
[(32A) "member" in relation to Municipality, means a Councilor or a person nominated under clause (b) of sub-section (1) of section 13]
(33) "milk" includes cream, skimmed milk, separated milk and condensed, sterilized, desiccated or toned milk;
(34) all drugs or articles of food which enter into the composition of food, the package or mark or label of which bears any statement, design or device regarding such drugs or articles of food or the ingredients or substances contained therein as may be false or may mislead in any particular, shall be deemed to be "misbranded" and a drug or an article of food shall also be deemed to be misbranded if it is offered for sale under the name of another drug or article of food;
[(35) "municipal area" means an area constituted as a municipal area under section 6,]
(36) "municipal drain" means a drain vested in the Municipality;
(37) "municipal market" means a market belonging to or maintained by the Municipality;
(38) "municipal slaughter house" means a slaughter house belonging to or maintained by the Municipality;
[(38A) "Municipality" means a Municipal Council for a smaller urban area as defined in Article 243Q of the Constitution of India;]
(39) "new building" means and includes-

(a) any building constructed or in the process of construction after the commencement of this Act,

(b) any building which, having collapsed or having been demolished or burnt down for more than one-half of its cubical extent, is reconstructed wholly or partially after the commencement of this Act, whether the dimensions of the reconstructed building are the same as those of the original building or not,

(c) any but which is converted into a masonry building after the commencement of this Act, and

(d) any building not originally constructed for human habitation which is converted into a place for human habitation after the commencement of this Act,

Explanation. - Sub-clause (b) applies where more than one-half of the cubical extent of any building has collapsed or been demolished or burnt down at the same time or at different times;
(40) "notification" means a notification published in the Official Gazette;
(41) "notified area" means an area constituted as a notified area under section 378;
[(41A) 'Notified Area Authority" for a notified area means a Nagar Panchayat for a transitional area, that is to say, an area in transition from a rural area to an urban area as defined in Article 243Q of the Constitution of India;]
(42) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property;
(43) 'occupier" includes any person for the time being paying or liable to pay to the owner the rent or fee or contractual payment of adjustment of rent or fee or any portion thereof or damages on account of the occupation of any land or building, and also includes a rent-free tenant:
Provided that an owner living in or otherwise using his own land or building shall be deemed to be the occupier thereof;
(44) "offensive matter" means kitchen or stable refuse, dung, dirt, putrid.or putrefying substance and filth of any kind which is not included in "sewage":
[(44A) "office bearer" means the Chairman, the Vice-Chairman, or a member of the Chairman-in-Council:]
(45) "owner" includes the person for the time being receiving the rent of any land or building or of any part of any land or building, whether on his own account or as agent or trustee for any person or society or for any religious or charitable purpose, or as a receiver who would receive such rent if the land or building or any part of the land or building were let to a tenant;
(46) "premises" means any land or building or part of a building or any but or part of a hut, and includes -

(a) the garden, ground and out-houses, if any, appertaining thereto; and

(b) any fittings or fixtures affixed to a building or part of a building or but or part of a but for the more beneficial enjoyment thereof;

(47) "prescribed" means prescribed by rules made under this Act;
(48) "private drain" means any drain which is not a municipal drain as defined in this section;
(49) "private street" means any street, road, lane, gully, alley, passage or square which is not a public street as defined in this section, and includes any passage securing access to three or more premises belonging to the same or different owners:
[(49A) "Property tax" means a rate assessed, on building or buildings, or on lands or on both. and includes surcharge levied on property tax under this Act;]
(50) "public building" means a building constructed, used or adopted to be used-

(a) as a place of public worship or as a school, college or other place of instruction (not being a dwelling house so used) or as a hospital, nursing home, maternity home, factory, work house, public theatre, public cinema, public hall, public concert-room, public lecture-room, public library or public exhibition-room or as a public place of assembly, or

(b) as a hotel. eating-house, lodging-house, home, hostel, refuge or shelter, or

(c) for any other public purpose;

(51) "public street" means any street, road, lane, gully, alley, passage, pathway, square or courtyard, whether a thoroughfare or not, over which the public have a right of way, and includes -

(a) the access or approach to a public ferry,

(b) the roadway over any public bridge or causeway,

(c) the footway attached to any such street, public bridge or cause-way,

(d) the passage connecting two public streets, and

(e) the drains attached to any such street, public bridge or cause¬way, and, where there is no drain attached to any such street, shall be deemed to include also, unless the contrary is shown, all land up to the boundary wall, ail, hedge or pillar of the premises, if any, abutting on the street, or if a street alignment has been fixed, then up to such alignment;

(52) one-third of the total number of Councilors holding office for the time being shall be a "quorum' for a meeting;
(53) "ratepayer" means a person liable to pay any rate, tax or fee under this Act;
[(53A) "recognized political party" means a national party or a State party recognized as such by the Election Commission of India by notification for the time being in force;]
(54) "registered medical practitioner" means a medical practitioner registered under the Bengal Medical Act, 1914 (Ben. Act VI of 1914);
(55) "rubbish" means dust, ashes, broken bricks, mortar, broken glass and refuse of any kind which is not offensive matter;
(56) "rules" means the rules made by the State Government under this Act;
(57) "service privy" means a fixed privy which is cleansed by hand daily or periodically, but does not include a movable commode;
(58) "sewage" means night-soil and other contents of privies, urinals, cesspools or drains, and includes trade effluents and discharges from manufactories of all kinds;
(59) "slaughterhouse" means any place used for the slaughter of cattle, sheep. goats, kids or pigs, or hens. fowls, chicken, ducks, turkeys or any other eatable birds for the purpose of selling the flesh thereof as meat;
[(59A) "SMS" means Short Message Service;]
[(60) "State Election Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State ,Election Commission Act, 1994 (West Ben. Act VIII of 1994);]
[(60A) "State Government" means the Government of the State of West Bengal in the Department of Urban Development and Municipal Affairs;]
(61) "street" means a public or private street;
(62) "street alignment" means the line dividing the land comprised in, and forming part of, a street from the adjoining land;
[(62A) "Sub-divisional Magistrate' means the Sub-divisional Magistrate referred to in sub-section (4) of section 20 of the Code of Criminal Procedure, 1973:]
[(62AA) "Urban Development Sub-Committee" means the Urban Development Sub-Committee constituted under sub-section (4) of section 10 of the West Bengal District Planning Committee Act, 1994]
[[(62B)] 'ward" means an administrative division of a Municipality;]
(63) "watercourse" includes any river, stream or channel, whether natural or artificial;
[(64) "year" means a financial year beginning on the first day of April and ending on the thirty-first day of March of the following year.]

Part II

Municipal Areas

CHAPTER II

The Constitution of Municipal Areas

(i) contains a population of not less than [30,000] inhabitants,

(ii) has a density of population of not less than seven hundred and fifty inhabitants per square kilometre of area, and

(iii) has an occupational pattern in which more than one-half of the adult population are chiefly engaged in pursuits other than agriculture, and if the [Governor] is satisfied that if such town is constituted a municipal area, the municipal income from taxation and other sources is likely to be adequate for the discharge of municipal function under this Act, the [Governor] may, by notification, declare [his] intention to constitute such town a municipal area under this Act :

(a) withdraw any municipal area from the operation of this Act; or

(b) exclude from a municipal area, any local area comprised therein and defined in the notification; or

(c) include within a municipal area any local area contiguous to the same and defined in the notification; or

(d) divide any municipal area into two or more municipal areas; or

(e) unite two or more municipal areas so as to form one municipal area: or

(f) revise the boundary of two or more contiguous municipal areas; or

(g) re-define the boundaries or limits of a municipal area; or

(h) [***]

(a) Finance and Resource Mobilisation Standing Committee;

(b) Solid Waste Management Standing Committee;

(c) Water Supply Standing Committee;

(d) Public Works Standing Committee;

(e) Health, Education and Urban Poverty Alleviation Standing Committee;

(f) Public Health and Sanitation Standing Committee

(a) one shall be a nominee of the District Magistrate of the district;

(b) one shall be a nominee of the Director of the Department of Archaeology, Government of West Bengal;

(c) one shall be an eminent architect;

(d) one shall be an artist;

(e) one shall be an environmentalist;

(f) one shall be a historian; and

(g) one shall be the concerned Executive Engineer of the Municipal Engineering Directorate.

(i) two nominees of each constituent Municipality or local authority,

(ii) one nominee of each of the concerned departments of the State Government or of the concerned local authorities,

(iii) such expert or experts as the State Government may nominate,

(iv) Director of Local Bodies or his representative who shall also act as the convenor of the Committee.

CHAPTER IV

Election of Councilors

CHAPTER V

Municipality and the Municipal Establishment

(a) the salaries, allowances and conditions of service of the Chairman and other members of the Municipal Service Commission,

(b) the manner in which the Municipal Service Commission shall perform the duties imposed upon it by or under this Act,

(c) the number of officers and other employees of the Municipal Service Commission and their salaries and allowances, and

(d) the terms and conditions of service including discipline, and control and conduct of officers and other employees of the Municipal Service Commission.

CHAPTER VI

Powers and Functions

(a) providing by itself or by an agency, means for supply of water for public and private purposes;

(b) construction, maintenance and cleansing of sewers and drains, sewerage and drainage works;

(c) construction, maintenance and cleansing of public latrines, urinals and similar conveniences;

(d) construction, maintenance, alteration and improvement of public streets and street furniture, bridges and culverts, fly-avers, subways, cause-ways and the like;

(e) naming of streets and numbering of premises;

(f) lighting of public streets and other public places;

(g) planting and care of trees on road-side and elsewhere;

(h) construction and maintenance of municipal markets and slaughter houses and the regulation of all markets and slaughter houses;

(i) maintenance of all monuments vested in the Municipality;

[(j) providing by itself or by an agency, means of supply of water for fire-fighting purposes,]

(a) collection, removal and disposal of solid wastes including filth, rubbish and other obnoxious or polluted matters;

(b) disposal of solid and liquid wastes consistent with efforts to cause recovery and re-use of all that can be salvaged;

(c) reclamation of unhealthy localities, removal of noxious vegetation and abatement of all nuisances;

(d) regulating and abating offensive and dangerous trades or practices;

(e) cleansing of public streets and other public places;

(f) ensuring the wholesomeness of water supplied for drinking and domestic purposes;

(g) maintenance of all public tanks and regulating the re-excavation, repair and up-keep of all private tanks, wells and other sources of water supply on such terms and conditions as the Municipality may deem proper;

(h) provide for places for the disposal of the dead and the regulation and maintenance of such places;

(i) measures for preventing and checking the spread of dangerous diseases;

(j) immunization including public vaccination and inoculation;

(k) removal and disposal of the unclaimed dead bodies and carcasses of all dead animals:

(l) abatement of nuisances from birds and animals including dog menace;

(m) conversion of all service privies into sanitary latrines and providing adequate facilities for sanitation so that open defecation may be completely done away with;

(a) devising town planning within the limits of the municipal area in accordance with the laws relating to town planning for the time being in force;

(b) planned development of the borders of the municipal area in accordance with the laws applicable for the purpose;

(c) improvement of bustees;

(d) control of regular lines of streets;

(e) control of all building operations and regulation of building uses;

(f) co-operation of all overground rights enjoyed by service agencies;

(g) co-ordination of activities of agencies relating to laying and maintenance of underground pipelines, tubes, cables and the like;

(h) laying out and maintenance of public parks, squares, gardens or recreation areas;

(i) re-development of congested areas for providing better living conditions;

(j) planned development of new areas for human settlement;

(k) preservation of monuments and places of historical, artistic and other importance;

(l) measures for beautification of the township by setting up fountains and statues, providing recreational areas, improving river banks, landscaping and the like;

(a) survey of buildings and lands and preparation and maintenance from-time to time of survey maps and plans of the town and other records relating to survey;

(b) removal of unauthorized encroachment on, or obstruction and projections in or upon, streets, bridges and other public places;

(c) securing or removal of dangerous buildings and places;

(d) registration of births and deaths;

(e) providing boundary marks for the municipal area;

(f) drawing up an Annual Administration Report on the 'activities and performances of the Municipality and submission, in the manner prescribed, of such report to the State Government;

(g) compilation and maintenance of records and statistics relating to the administrative functions of the Municipality;

(h) maintenance and development of all properties vested in or entrusted with the management of the Municipality;

(i) checking the construction of unauthorized buildings and pulling down unlawful constructions;

(j) ensuring the stoppage of wastage of water supply and other civic facilities;

(k) protecting public properties in general and civic properties in particular;

(l) abatement of pollutions of all kinds;

[(m) measures as may be required for fire prevention and fire safety under the West Bengal Fire Services Act, 1950, and the rules made thereunder;]

(n) providing for adequate training facilities for the municipal employees and equipping and motivating them for public service;

(o) observance of occasions of national importance.

(a) giving relief to, and establishing and maintaining, in time of [famine, flood or earthquake], relief works for, destitute persons within the limits of the municipal area;

(b) construction or maintenance of, or providing or giving aids for, passengers' sheds, libraries, museums, community halls, offices, godowns, shops, markets, dharmashalas, rest houses, sports complex, place of entertainment, swimming pools, public wash houses and bathing places and homes for the disabled and destitute and other public buildings designed for convenience of the community;

(c) construction and maintenance of old age homes and orphanages, domiciliary care of the sick, orphan, destitute and aged people;

(d) construction or maintenance of, or providing aids to, hospitals, dispensaries, asylums, rescue homes, maternity houses, and child welfare centres;

(e) construction, purchase, organization, maintenance, extension and management of mechanically propelled transport facilities for the conveyance of the public;

(f) construction, maintenance, repair, and purchase of any works for the supply of electrical energy or gas:

(g) construction of dwellings for the inhabitants, specially low-cost dwellings for the socially backward classes of citizens;

(h) providing accommodation for all classes of employees of the Municipality;

(a) establishing and maintaining pre-primary schools such as balwadies and creches;

(b) promotion of civic education, adult education, social education, non-formal education and the like;

(c) promotion of cultural activities including music, physical education, sports and theatres;

(d) advancement of science and technology in the way of life;

(e) advancement of civic consciousness of public health and general welfare by organizing discourses, seminars and conferences;

(f) publication of municipal journals, periodicals and souvenirs, purchase of books and subscription to journals, magazines and newspapers;

(a) construction and maintenance of cattle pounds;

(b) provision for unfiltered water-supply for non-domestic uses;

(c) promotion of the use of biogas and other non-conventional energy sources;

(d) provision for sewage treatment and preparation of compost manures from sewage and other refuse;

(e) abatement of smoke nuisances;

(f) setting up of milk dairies or farms (but not khatals) for supply, distribution and processing of milk or milk products for the benefit of the people;

(g) ambulance service for carrying patients;

(a) civic reception to persons of distinction and paying homage on death to persons of repute;

(b) installation of statues, portraits and pictures in appropriate manner;

(c) organization and management of fairs and exhibitions;

(d) organization, establishment and maintenance of art galleries and botanical or zoological collections;

(e) construction and maintenance of garages and sheds and stands for vehicles;

(f) measures for eradication of addiction of all kinds like liquors and drugs;

(g) organizing voluntary labour and co-ordinating the activities of voluntary agencies for community welfare;

(a) encouraging formation of co-operative societies and, in particular, housing co-operative societies, and assistance to such co-operative societies in construction of residential buildings;

(b) providing shelter for the homeless;

(c) undertaking manufacturing of building materials and their distribution at fair prices;

(d) reclamation of waste lands and promotion of social forestry;

(e) establishing and maintaining nurseries for plants, vegetables and trees and promotion of greenery through mass participation ;

(f) organization of flower-shows and promotion of flower-growing as a civic culture;

(g) promotion of agriculture, pisciculture, horticulture, poultry and improvement of cattle breed;

(h) assistance to small-scale and cottage and craft industries;

(i) programme for liberation and rehabilitation of scavengers and their families;

(j) income-generating activities, particularly for the women belonging to the socially backward classes of citizens;

(k) collection of statistics and data significant to the community;

(l) integration of the development plans and schemes of the town with the district or regional development plan, if any;

(a) town and country planning;

(b) urban development;

(c) water supply and sanitation;

(d) transport system including regulation of traffic terminus;

(e) employment schemes and programmes;

(f) health and family welfare;

(g) relief and social welfare including social security schemes and programmes;

(h) public works including road construction and housing;

(i) cottage and small-scale industries, business and services including programme for skill development;

(j) education including primary education, adult education, vocational education, social education, non-formal education, audiovisual education and library services;

(k) food and supplies including rationing and distribution;

(l) civil defence;

(m) fire protection and fire fighting;

(n) sports and youth services;

(o) welfare of the scheduled Castes and the Scheduled Tribes;

(p) environmental safety and improvement;

(q) social forestry and plantation programme.

Part III

Finance

CHAPTER VII

Municipal Fund

CHAPTER VIII

Municipal Property

(a) all vested public lands not belonging to any Government department or statutory body or corporation;

(b) all public tanks, streams, reservoirs, and wells;

(c) all public markets and slaughter houses:

(d) all public sewers and drains, channels, tunnels, culverts and water courses in, alongside, or under, any street;

(e) all public streets and pavements, stones and other materials thereof, and also trees on such public streets or pavements not belonging to any private individual;

(f) all public parks and gardens, including squares and public open spaces;

(g) all public ghats on rivers or streams or tanks;

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

(i) all public places for disposal of the dead, excluding those governed by any specific law in this behalf;

(j) all solid and liquid wastes collected on a public street or public place, including dead animals and birds:

(k) all stray animals not belonging to any private persons.

(a) any immovable property,

(b) any easement affecting immovable property.

(a) the Chairman-in-Council [may sell, or grant lease of, or otherwise dispose of, by public auction, any movable property] belonging to the Municipality;

[(b) the Board of Councilors, with the prior approval of the State Government, may; for valuable consideration, let out on hire, grant lease of, or sell or otherwise transfer, any immovable property belonging to the Municipality but not required for carrying out the purposes of this Act;]

(c) the Municipality shall not transfer any immovable property vested in it by virtue of this Act, but shall cause the same to be maintained, controlled and regulated in accordance with the provisions of this Act and the rules and the regulations made thereunder :

CHAPTER IX

Budget, Accounts and Audit

(a) increase or reduce the amount of any budget grant under any head;

(b) make additional provision in the budget to meet any special or unforeseen requirement arising during the same year;

(c) transfer any amount or a portion of any amount of the budget grant under any head to the account of the budget grant under any other head.

(a) require by written notice, the production before him or before any officer subordinate to him of any document which he considers necessary for the proper conduct of the audit,

(b) require, by written notice, any person accountable for, or having the custody or control of, any document, cash or article to appear in person before him or before any officer subordinate to him,

(c) require any person so appearing before him to make or sign a declaration with respect to such document. cash or article or to answer any question or prepare and submit any statement, and

(d) cause physical verification of any stock of articles in course of examination of accounts.

(a) every payment which appears to him to be contrary to law,

(b) account of any deficiency [or defalcation] or loss which appears to have been caused by the gross negligence or misconduct of any person,

(c) the account of any sum received, which ought to have been. but have not been, brought into any account by any person,

(d) any other material impropriety or irregularity which may be observed in the accounts.

Part IV

Municipal Taxation and Application Fee

CHAPTER X

Taxes and Fees

A. Taxes and Fees (other than Application Fee)

(a) a property tax on lands and buildings.

(b) a tax on advertisements, other than advertisements published in the newspapers,

(c) a tax on cart.

(d) a tax on carriage,

[(e)toll on -

B. Rating and Valuation

(a) lands or buildings or portions thereof exclusively used for the purpose of public worship, or

(b) lands or buildings exclusively used for the public burial or as burning ground, or any other place used for the disposal of the dead duly registered under this Act, or

(c) open spaces, including parade grounds, which are the properties of Government [,or]

[(d) social welfare homes run by the State Government,] [or]

[(e) any Government, or Government sponsored, school or college which is serving the cause of education without generating any surplus funds, or without being run on commercial lines.]

(ii) to the tune of ten percentage of the property tax on land and building owned singly or jointly by citizen who attained the age of sixty-five years or more, or owned by widow or deserted women irrespective of age, or a certified physically challenged person, as any be determined by the municipality, irrespective of age, or jointly owned by any of these categories of persons in case such land and building is self-occupied used for residential purpose.]]

C. Valuation and Assessment List

(a) when the ownership of holding changes: or

(b) when any tenancy or any rent in respect of the holding changes; or

(c) when the nature of use of the holding change; or

(d) when the land and building comprised in the holding has been re-developed or substantially altered or improved during the period the annual valuation remains in force; or

(e) when the value of the land and building comprised in the holding has been substantially reduced owing to demolition or has suffered depreciation from any accident or calamity during the period the annual valuation remains in force; or

(f) when the holding has been acquired by purchase or otherwise by the State Government during the period the annual valuation remains in force; or

(g) when the valuation or assessment has been set aside or declared void by an order of the Court necessitating revaluation or reassessment of a holding; or

(h) when it has been discovered that the holding has been grossly undervalued by reasons of any fraud, misrepresentation, mistake or error; or

(i) when an alteration has been necessitated to correct any patent error.

(a) any existing building which has been assessed earlier, or

(b) any new building or existing building which has not been assessed, or

(c) any existing building which has been redeveloped or substantially altered or improved after the last assessment, but has not been subject to revision of assessment consequent upon such redevelopment or alteration or improvement, as the case may be, or

(d) any existing building or new building referred to in clause (a) or clause (b), the bills in respect of which have not been issued,

(a) where the value of lands and buildings does not exceed Rs. 2.00 lakh of the self-assessed value - 1 per cent;

(b) where the value of lands and buildings exceeds Rs. 2.00 lakh of the self-assessed value - 1.5 per cent.

CHAPTER XI

Application fee and other taxes

A. Professions, trades and callings

B. Tax on advertisements other than advertisements in newspapers

(a) a licence for the use of the particular site for the purpose of advertisement has not been taken out, or

(b) the advertisement contravenes any provisions of this Act or the rules or the regulations made thereunder, or

(c) the tax, if any, due in respect of the advertisement has not been paid.

(i) the surface of any solid wall, or on any other permanent structure, including the terrace, in such manner which shall cover, even partially, any door, window, ventilation shaft, chimney, air conditioner, balcony or any other portion of the building covered with iron grill;

(ii) the building or fence or any educational institution or hospital.

(iii) the building used for religious purposes;

(iv) the gate or exit requirement of any building;

(v) the electrical installation, like transformer, lamp post, switchgear box, meter room;

(vi) the water supply installation, like pump house. pump, water main, boosting station or machinery, water tank or water reservoir;

(vii) the portion of any public transport;

(viii)the buildings or structures owned by the Central Government, State Government or any local authority, or on any heritage building;

(ix) the public street which may block the flow of pedestrians or traffic.

(a) the words "non-commercial advertisement" mean the advertisement which is related to the campaign of any political party, or an independent candidate, to an election, or any campaign of any mass organization;

(b) the words 'advertisement related to public interest' mean the advertisement which is related to promoting public health, preservation and conservation of environment, literacy campaign. fire protection, awareness of traffic rules, communal harmony, displayed by the Government, or any registered non-Government organization, or any political party. or any mass organization, but shall not include the displaying of advertisement, in any manner whatsoever, for the purposes of-

(i) selling or buying goods, real estates, services, concepts in lieu of financial or any other consideration; or

(ii) entertainment or recreational programme, or

(iii) setting up any marketing chain or network; or

(iv) admission in any tutorial, academy, training center, commercial school, commercial college, or in any other organization which imparts, or shall impart, any education, including technical education, in lieu of financial or any other consideration; or

(v) recruitment of personnel through any private agency;

(c) the words 'mass organization' includes any registered trade union, organised workers' organization, teachers' organization, youth organization, women organization, peasants' organization, students' organization. pensioners' organization, traders' organization, unorganised workers' organization;

(d) the words 'political party' shall mean a political party as defined in clause (f) of section 2 of the Representation of the People Act, 1951 (43 of 1951).

(a) using any site prior to the commencement of this Act, within ninety days from the date of commencement of this Act, or

(b) intending to use any site, or

(c) whose licence for the use of any site is about to expire, shall apply for a licence or renewal of a licence, as the case may be, to the [Executive Officer] in such form as may be specified by the Board of Councilors.

[(a)relates to 'non-commercial advertisement' or 'advertisement related to public interest' as defined in the Explanation to sub-section (4) of section 121; or]

(b) is exhibited within the window of any building, if the advertisement relates to any trade, profession or business carried on in that building; or

(c) relates to any trade, profession or business carried on within the land or the building upon or over 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 on or upon or in the Same: or

(d) relates to the name of the land or the building upon or over which the advertisement is exhibited or to the name of the owner or the occupier of such land or building, or

(e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of a railway administration; or

(f) relates to any activity of in aid of the Government or a Municipality.

(i) may extend to an amount equal to three times the amount payable as such tax, and

(ii) shall not ordinarily be less than an amount equal to one and a half times such tax:

C. Tax on carts and carriages

(a) carts or carriages which are the property of the Government or of the Municipality;

(b) carts or carriages which are kept without the limits of a municipal area, and are only temporarily and casually used within such limits.

D. Tolls on ferries and bridges

(i) of the Board of Councilors, if he plies within the limits of a municipal area,

(ii) of the Magistrate of the district. if he plies outside the limits of a municipal area, or

(iii) of the Magistrate of the district, if one of the two banks between which he plies is within and the other bank is outside the limits of a municipal area.

(a) Government stores or persons in charge of them; or

(b) an officer of the State Government or of the Central Government or of any local authority on duty, or of any person in his or its custody or of any property belonging to him or it or in his or its custody, or of any vehicle, carriage, cart or animal employed by him or it, for the transport of such property; or

(c) conservancy carts or other carriages, carts or animals belonging to the Municipality or of persons in charge of the Municipality.

CHAPTER XII

Recovery of taxes

(a) by presenting a bill, or

(b) by serving a notice of demand. or

(c) by distraint and sale of a defaulter's movable property, or

(d) by the attachment and sale of a defaulter's immovable property, or

(e) in the case of property tax on lands and buildings, by attachment of rent due in respect of the land or the building, or

(f) as a public demand under the Bengal Public Demands Recovery Act, 1913 (Ben. Act III of 1913).

(a) where it is less than 50 paise, be left out of account, and

(b) where it is not less than 50 paise, be taken as one rupee.

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

(i) the necessary wearing apparel and bedding of the defaulter, his wife and children and their cooking and eating utensils;

(ii) tools of artisans;

(iii) books.of account;

(b) the distress shall not be excessive, that is to say, the property distrained shall be, as nearly as possible, equal in value to the amount recoverable under warrant, and if any property has been distrained which, in the opinion of the Chairman, should not have been distrained, it shall forthwith be released.

(3) If there is reason to believe that any property seized under a warrant of distress, if left in the place where it is found, is likely to be removed by force, the officer executing the warrant may take it to the office of the Municipality or to any other place appointed by the Chairman.

(a) any defect or want of form in the notice, summons, notice of demand, warrant of distress, inventory or other proceeding relating thereto, or

(b) any irregularity committed by such person:

(a) any clerical or arithmetical mistake arising from any accidental slip or omission -

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

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

(iii) in the amount of assessment of such tax. or

(b) (i) any clerical error, or

(ii) any defect of form, not being of a substantial nature:

Part V

Regulatory Jurisdiction

CHAPTER XIII

Streets and public places

(a) the sanction by Board of Councilors of specific rights of way in the subsoil of public and private streets within the municipal area for different public utilities, including electric supply, telephone or other telecommunication facilities, gas pipes, water-supply, sewerage and drainage, shopping plazas, warehousing facilities and apparatus and appurtenances related thereto, provided by Government or any statutory body or any licensee under any of the said Acts;

(b) the levy of any fee or charges permissible under any of the said Acts;

(c) the furnishing to the Municipality of maps, drawings and statements which shall enable it to compile and maintain precise records of the placement of the underground utilities within or without the limits of the municipal area.

(a) [require] any land together with structure, if any, standing thereon [to be acquired] for the purpose of opening, widening, extending or otherwise improving any public street, parking or transportation terminal, square, park or garden or of making a new one or for enforcing regular line of street;

(b) [require] in relation to any land or building as aforesaid, such land or building [to be acquired] as the Board of Councilors may think expedient, outside the regular line or projected regular line of the public street as aforesaid.

(a) not to claim compensation in the event of the Board of Councilors at any time thereafter calling upon him or such successors, by written notice, to remove any addition made to any building in pursuance of such permission, or any portion thereof, and

(b) to pay the expenses of such removal.

(a) any land abutting on a public street upon which any portion of any building or wall projects beyond the front of the adjoining building or wall on either side; or

(b) any land not covered by building (including land on which a building has collapsed or been demolished or burnt down) which is situated within a street alignment referred to in section 172.

(a) to repair, rebuilt or construct such building or to pull down such building to an extent measured in cubic metre exceeding one-half thereof above the ground level, or

(b) to repair, remove, construct or reconstruct or make any additions to, or structural alterations of, any portion of such building which is within the regular line of the street,

(a) to rebuild such building, or

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

(a) the Board of Councilors may, for special reasons, reduce the requirement of width of any projected street; so, however, that the width of any such projected street shall not be less than six metres; and

(b) the Board of Councilors may relax the requirement of width to any extent in case the projected street is, in effect, in widening of an existing street.

(a) prohibit vehicular traffic in all public street or any public street or any portion thereof so as to prevent danger, construction or inconvenience to the public or to ensure quietness in any locality;

(b) prohibit, in respect of all public streets or any particular public street, the transit of any vehicle of such type, form, construction, weight, emission or size, or of any vehicle laden with such heavy or un-widely object, as is likely to cause injury to the roadways or any construction thereon, or of any vehicle for public convenience, except under such conditions as to time, mode of traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants, and other general precautions and upon the payment of such charges as may be specified by the Board of Councilors generally or specifically in each case;

(c) prohibit, at all times or during any particular hours, entry from or exit to premises of vehicular traffic from any particular public street carrying such traffic.

(a) may, without notice, itself or by any officer authorized by it in writing in this behalf, remove, alter or otherwise deal with any structure, wall, hoarding, scaffolding, fence, rail, post, platform of other projection, obstruction or encroachment which has, without first obtaining its written permission, been erected or set up in, over, above or upon any public street, house-gully, sewer, drain, aquaduct, water-course or ghat ;

(b) may, itself or by any officer authorized by it in writing in this behalf, remove without notice any materials or goods or any movable property which has, without its permission. been deposited in a public street or in, over, above, or upon any house-gully or any public sewer, drain, aquaduct, water-course or ghat, or which remains so deposited, when the period covered by any permission given in this behalf has expired, whether or not the offender is prosecuted under this Act or the rules or the regulations made thereunder [***].

(a) give a name or a number to every public street;

(b) cause to be put up or painted on a conspicuous part of any building, wall or any other place the name or the number by which such street is to be known;

(c) determine the number or sub-number by which any premises or part thereof shall be known; and

(d) require the owner of any premises or part thereof by a written notice, to put up a plate' showing the number or sub-number of such premises or part determined under clause (c) in such position and manner as may be specified in such notice.

Private Street

(a) the intended level, direction and width of the street:

(b) the situation and the boundaries of any buildings or plots abutting on such street or likely to be served by such street;

(c)the position of any public street or streets to which the new street may have an access;

(d) the arrangements to be made for the levelling, paving, metalling, flagging, channelling, draining or lighting of the street; and

(e) such other particulars as may be required by regulations, if any, made in this behalf.

(a) sanction the laying out or making of the new street, subject to such modifications or conditions as it may think fit; or

(b) disallow it for reasons which shall be communicated to the applicant in writing.

(a) the size or sizes and the number of plots into which the land is proposed to be divided for the erection of buildings thereon and the purpose or purposes for which such buildings are to be used,

(b) the land use pattern depicting reservation or allotment of any site for any street, parking lot, open space, park, recreation ground, school, market or any other public purpose;

(c) the intended level, direction and width of street or streets, including foot-paths;

(d) the arrangement for water-supply, energy supply, drainage, sanitation and conservancy as respects the plot;

(e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets.

(a) if the particulars shown in the layout plan are in conflict with any arrangements which have been made or are likely to be made for carrying out any general scheme of development of the municipal area, whether or not such scheme is contained in the development plan or the development scheme prepared under any law in force for the time being;

(b) if the layout plan does not conform to the provisions of this Act and the rules and the regulations made thereunder; or

(c) if any street proposed in the layout plan is not so designed as to connect it at one end with a street which is already open.

(a) take measures for lighting, in a suitable manner, such public streets and public places as may be considered necessary;

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

(c) cause such lamps to be lighted by such means as may be determined by them;

(d) place and maintain -

(i) electric wires for the purpose of lighting such lamps under, over, along or across, or

(ii) posts, poles, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon,

(a) any lamp or any appurtenances of any lamp or lamp-post or lamp-iron set up in any public street or any public place;

(b) any electric wire for lighting such lamp;

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

CHAPTER XIV

Building

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

(b) to re-erect-

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

(ii) any building of which more than one-half of the superficial area of the external wall above the level of plinth has been pulled down, or

(iii) any frame-building of which more than half of the number of posts or beams in the external walls have been pulled down;

(c) to convert into a dwelling house any building or any part of a building not originally constructed for human habitation, subsequently 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 into a place of religious worship or a sacred building any place or building not originally constructed for such purpose;

(f) to roof or cover an open space between walls or buildings to the extent of the structure formed by the roofing or covering of such space;

(g) to convert two or more tenements in a building into a greater or lesser number of such tenements;

(h) to convert into a stall, shop, office, warehouse or godown, workshop, factory or garage any building not originally constructed for use as such, or to convert any building constructed for such purpose by sub¬division or addition, in greater or lesser number of such stalls, shops, offices, warehouses or godowns, workshops, factories or garages;

(i) to convert a building, which, when originally constructed, was legally exempt from the operation of any building regulation contained in this Act or under any rules or regulations made under this Act or contained in any other law for the time being in force, into a building which, had it been originally erected in its converted form, would have been subject to such building regulations;

(j) to convert into, or use as a dwelling house, any building which has been discontinued as, or appropriated for any purpose other than, a dwelling house;

(k) to make any addition to a building;

(l) to close permanently any door or window in any external wall;

(m) to remove or reconstruct the principal staircase or to after its position.

(a) the regulation or restriction of the use of sites for buildings, and

(b) the regulation or restriction of building.

(a) information and plans to be submitted together with application under any of the provisions of this Chapter;

(b) requirements of sites;

(c) means of access;

(d) development of land into land sub-division and layout;

(e) land use classification and uses;

(f) open spaces; area and height limitation;

(g) parking spaces;

(h) requirements of parts of building plinth, habitable room, kitchen pantry, bathroom and water closet, loft, ledge, mezzanine floor, store-room, garage, roof, basement chimney, lighting and ventilation of room, parapet, wells, septic tanks, and boundary wall;

(i) provisions for lifts;

(j) exit requirements including doorways, corridors passageways, staircase, ramps and lobbies;

(k) fire protection requirements including materials and designs for interior decoration;

(l) special requirements of occupancies for residential building, educational building, institutional building, assembly building, business building, mercantile building, industrial building, storage building and hazardous building (including those for assembly, movement, parking, loading, unloading, public conveniences, water supply and vendors' plazas);

(m) structural designs;

(n) quality of materials and workmanship;

(o) alternative materials, methods of design, construction and tests:

(p) building services including electric supply, air-conditioning or heating, and telephone and telex;

(q) plumbing services;

(r) signs and outdoor display structures;

(s) compliances with the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) relating to land and building;

(t) compliance with the provisions of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Ben. Act 13 of1979) and such other Act or rules made thereunder as the State Government may direct;

[(tt) special provisions for building in the hill areas;]

(u) any other matter considered necessary in relation to building activities.

(a) that in any street or portion thereof specified in such notice, the elevation and construction of the frontage of all building or any classes of buildings erected or re-erected after such notice shall, in respect of their architectural features, be such as the Board of Councilors may consider suitable to the locality; or

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

(c) that the division or sub-division of building plots in a particular locality shall be of a specified size; or

(d) that in any locality 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 street, portion of street or locality specified in such notice, the construction of any one or more of the different classes of buildings like residential, commercial, business, assembly, mercantile, industrial, institutional, storage or hazardous buildings, shall not be allowed without the special permission of the Board of Councilors.

(a) use or permit to be used for the purpose of human habitation any building or part thereof not originally erected or authorized to be used for such purpose;

(b) change or allow the change of the use of a building for any purpose other than that specified in the sanctioned plan;

(c) change or allow the change of the use of any building erected before the commencement of this Act contrary to the use for which such erection was originally sanctioned;

(d) convert or allow the conversion of a tenement within a building to an occupational use, other than the use intended in the original sanctioned plan, nor materially alter, enlarge or extend the permitted use.

(a) "company" means a body corporate, and includes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.]

(a) either accord sanction to the building plan conditionally or unconditionally and give permission to execute the work, or

(b) refuse, on one or more of the grounds mentioned in section 210, to accord such sanction, or

(c) accord sanction but impose conditions for compliance before permission to execute the work.

Note. - For the purpose of this section, date of submission of online application shall be such date on which complete application along with necessary documents, as required for this purpose, shall be received by the Municipality online to their satisfaction.]

Part VI

Civic Services

CHAPTER XV

Water-supply

(a) if the premises are unoccupied or prohibited for human habitation; or

[(aa) if, in respect of the premises, any taxes or rates or fees or charges are in arrear for payment for more than one year; or]

(b) If, after receipt of a written notice from the Chairman requiring him to refrain from so doing, the owner or the occupier of the premises continues to use the water or permit the same to be used in contravention of the provisions of this Act or the rules or the regulations made thereunder; or

(c) if any pipe, tap, works or fittings connected with the supply of water to the premises be found, on examination by any officer of the Municipality duly authorized in this behalf, to be out of repairs to such an extent as may cause so serious a waste or contamination of water that, in the opinion of the Chairman, immediate prevention is necessary; or

(d) if there is any water-pipe situated within the premises to which no tap or other efficient means of turning the water off is attached; or

(e) if, by reason of a teak in the service-pipe or the fittings, damage is caused to the public street and immediate prevention is necessary;

[(f) if water connection is obtained on payment of provisional property tax and the building is not completed in such manner which, in the opinion of the Board of Councilors, is fit for human habitation, within the validation period of the approved building plan under sub-section (2) of section 207;]

(a) by written notice require the owner or the other person who has done such work to fill up or demolish such work; or

(b) grant permission to retain such work or portion thereof on such terms and conditions as the Chairman-in-Council may consider fit to impose.

(a) for the supply of water exclusively for drinking or for culinary purposes or for both. or

(b) for the purpose of bathing, or

(c) for washing animals or clothes, or

(d) for any other purpose connected with the health, cleanliness or comfort of the inhabitants, and may, by like order, prohibit the bathing or the washing of animals or clothes or other things at any public place not set apart for such purposes, or prohibit any other act by which water in any public place may be rendered foul or unfit for use, or provide for alternative facilities and conveniences to regulate the use of any tank, well, spring or water-course to promote public safety, health and welfare.

(a) the preparation of plans and estimates for water-works or for introduction of a public distribution network;

(b) the power of the Board of Councilors or the State Government to accord sanction to such plans and estimates;.

(c) the publication of the particulars and the nature of any water-work or scheme, its cost, and the manner in which it is to be financed and carried out;

(d) the size and nature of water-works, mains, service-mains, pipes or channels to be constructed or laid by the Board of Councilors for the supply of water;

(e) the maintenance of municipal water-works and of pipes and fittings in connection therewith;

(f) the size and nature of the stand-posts or pumps to be erected by a Municipality and of the ferrules and all pipes, stand-pipes, stop-cocks, taps, hydrants and other fittings, whether within or outside any premises, that may be necessary for the regulation of the supply and use of water;

(g) the mains or pipes in which fire plugs are to be fixed and the places at which keys of the fire plugs are to be deposited;

(h) the periodical analysis by a qualified analyst of the water supplied by a Municipality;

(i) the conservations of, and the prevention of injury or contamination to, sources and means of water supply and appliances for the distribution of water, whether within or without the limits of a municipal area;

(j) the manner in which connections with water-works or supply-system shall or may be constructed, altered or maintained, the fees to be levied for such connections and the person by whom they shall be paid, and the agency to be employed for such construction, alteration or maintenance;

[(k) the rates at which the charges for water supplied for domestic purposes and for various non-domestic purposes may be levied by the Board of Councilors and the use, maintenance and testing of meters and ferrules;]

(l) the regulation of all matters and things connected with the supply and use of water, and the turning on, and turning off, and preventing the waste, of water; and

(m) any other matter relating to the supply of water in respect of which this Act or any other law for the time being in force makes no provision or makes insufficient provision and further provision is, in the opinion of the State Government, necessary.

CHAPTER XVI

Drainage and Sewerage

(a) construct or maintain a system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations, or

(b) from time to time, alter the size and course of, or otherwise modify or discontinue, close up or remove, the system of drainage, sewers, drainage or sewage outfall, sewage treatment plants or devices, drainage and pumping stations.

(a) construct a building, wall, fence or any structure or any private street over any municipal drain, culvert or gutter or bed, bank or embankment of any sewage works or storm water channel vested in the Municipality; or

(b) otherwise encroach upon drainage and sewerage system in the municipal area :

(a) the preparation of plans and estimates for the introduction of a system of drainage or sewerage, where such work or system is to be partly or wholly constructed or carried out at the expense of the Municipality;

(b) the power of the Board of Councilors or the State Government in the matter of sanction to such plans and estimates and responsibilities for financing and execution;

(c) the size and other particulars of drains, sewerage or channels to be constructed or laid for drainage or sewerage;

(d ) the manner in which connections with the drainage or sewerage system shall be constructed, altered or maintained, the fees to be levied for such connections and the person by whom such fees shall be payable, and the agency to be employed for such construction, alteration or maintenance;

(e) the items of trade affluents or noxious chemicals which may not ordinarily be passed into municipal drains, or the mode of treatment of such chemicals before they can be so passed. or such other steps as may be necessary to control environmental pollution arising out of such chemicals;

(f) any other matter relating to the drainage or sewerage in respect of which this Act makes no provision or makes insufficient provision and further provision is, in the opinion of the State Government, necessary.

(a) requiring every person, who intends to construct, repair, add to or alter a house-drain or cess-pool, to submit an application to the Municipality with such plans and other particulars as may be determined, and providing for conditions for giving and refusing of sanction to such application;

(b) providing for the materials, size, slope, level or position of drains generally and their construction, repair and maintenance;

(c) not inconsistent with this Act and the rules made thereunder, to provide for any item not specifically laid down but which is necessary to carry out the purposes of this Act.

CHAPTER XVII

Solid Wastes

Functions in relation to solid wastes

(a) rubbish,

(b) offensive matter;

(c) trade refuse;

(d) carcasses of dead animals;

(e) excrementitious and polluted matter.

(a) to have the premises swept and cleaned;

(b) to cause all rubbish and offensive matters to be collected from their respective premises and to be deposited, at such time as the Chairman may by public notice, specify, in public receptacles, depots or places provided or appointed by the Municipality or in receptacles provided under clause (c) for the temporary deposit or final disposal thereof;

(c) to provide receptacles of the type and in the manner specified by the Chairman for the collection therein of all rubbish and offensive matters from such premises and to keep such receptacles in good condition and repair.

(a) the daily surface-cleansing of all streets within a municipal area and removal of sweeping therefrom :

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

(c) the removal of special wastes and hazardous wastes and other solid wastes from premises.

(a) by written notice, require the owner or the occupier of any premises used-

(i) as factory, workshop or for carrying on any manufacture, or

(ii) as a trade premises or shop or as a market or slaughter house, or

(iii) as a hotel, eating-house or restaurant, or

(iv) as a hospital or nursing home, or

(v) as warehouse or godown, or

(vi) as a place to which large number of persons resort, or

(vii) in any other way

(b) after giving the owner or the occupier of any premises notice of its intention so to do, cause all rubbish including building rubbish, offensive matter, trade refuse, special wastes, hazardous wastes, or excrementitious and polluted matters accumulated in such premises to be removed, and charge the said owner or the occupier, as the case may be, for such removal such fee as may be determined by the Board of Councilors and specified in such notice.

CHAPTER XVIII

Markets and slaughter houses

(a) charge such premium, stallage, rent or fee as may, from time to time, be fixed in this behalf-

(i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house,

(ii) for the right to expose articles for sale in a municipal market,

(iii) for the use of machines, weights, scales and measures provided for in any municipal market, and

(iv) for the right to slaughter animals in any municipal slaughter house, and for the feed for such animals before they are ready for slaughter; or

(b) farm out the stallage, rent or fee chargeable as aforesaid or any portion thereof for such period as it may think fit; or

(c) put up to public auction, or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as it may think fit.

(a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony, subject to such conditions as the Chairman-in-Council may, by public or special notice, impose in this behalf, or

(b) to prevent the Board of Councilors from setting apart any place for the slaughter of animals in accordance with the religious custom in vogue.

(a) expel from any municipal market, municipal slaughter house or municipal stockyard, for such period as it may think fit, any person who or whose employee has been found contravening any regulations made under this Act and in force in such market, slaughter house or stockyard :

(b) prevent such person as aforesaid from further carrying on any trade or business in such market, slaughter house or stockyard or occupying any stall, shop, standing, shed, pen or other place thereon;

(c) close the stall or shop of the person found to be in default in payment of the stallages or rents or any other dues to the Municipality till payment is made or recovered under the provisions of this Act; or

(d) determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.

(a) hawk or expose for sale in any place any article whatsoever, whether it is for human consumption or not; or

(b) use in any place his skill in any handicraft or render services to the public for their convenience for the purpose of gain or making a living.

(a) the procedure of functioning of an Urban Development Committee,

(b) the method of preparation and enforcement of a master plan,

(c) the conditions of involvement of voluntary organizations, and

(d) such other matters as may be necessary to carry out the provisions of this Chapter.

CHAPTER XX

Municipalities in hill areas

A. Special Provisions

B. Definitions

(i) "Government road" means a road, street, square, court, alley or passage maintained by the Central or the State Government or at the public expense;

(ii) "private bridge" means any bridge which is not a public bridge as defined in this section;

(iii) "private drain" means any drain which is not a public drain as defined in this section;

(iv) "private road" means any road, street, square, court, alley or passage which is not a public road or Government road as defined in this section;

(v) "public bridge" means a bridge on or over which a public road or any public work is carried, and which is, for the time being, vested in the Board of Councilors;

(vi) public drain" means any drain which is vested in the Board of Councilors;

(vii) "public road" means a "public street" as defined in clause (51) of section 2, but does not include a Government road.

C. Roads

(a) threatens the stability or security of any hillside or bank or any immovable property thereon, or

(b) cannot, in consequence of its condition or its situation with reference to any adjacent hillside or bank, be efficiently maintained or repaired except at a cost which, in its opinion, is unreasonable,

(a) to reconstruct, regrade, divert, alter or repair such private road, or

(b) to make a revetment or retaining-wall on either side or both sides of such private road, or

(c) to take such other measures as may be specified in the notice.

(a) to provide and maintain such waterway, or

(b) to enlarge the existing waterway, as the case may be.

D. Drains

(a) to reconstruct, enlarge, extend, alter, repair, make efficient, stop up or remove any drain belonging to such land or building, or

(b) to alter the inclination or direction of any such drain, or

(c) to provide for any such drain or such movable covers or gratings as may be specified in the notice, or

(d) to carry any such drain to such point of outlet, or junction with some other drain, as may be specified in the notice.

(a) to provide and maintain a sufficient number of suitable roof-gutters and down pipes or masonry platforms for carrying water from the roof of the building into such drains as may be specified in notice, or

(b) to renew, alter, repair or remove any such gutters, pipes or platforms already provided for the building.

E. Safety of the hillside

(a) to take down such building, portion, thing, wall or structure and remove the materials, or

(b) to secure or repair such building, portion, thing, wall or structure in such manner as may be specified in the notice, or to make a revetment for the support thereof or to take such other measures as may be specified in the notice, and

(c) in the case of the matter referred to in clause (a), also to take such measures with regard to the site of such building, wall or structure, for ensuring the stability or security of any hillside or bank or any immovable property thereon as may be specified in the notice.

(a) to take down the building and remove the materials, or

(b) to secure the building in such manner as may be specified in the notice or to make a revetment for the support thereof or to take such other measures as may specified in the notice,

(a) to construct and maintain a revetment, retaining-wall or toe-wall upon any part of the land; or

(b) to reconstruct, enlarge, strengthen, alter or repair any revetment, retaining-wall or toe-wall already standing on the land; or

(c) to turf the land or any portion thereof; or

(d ) to slope the land or any portion thereof.

F. Control over occupation of buildings

G. Regulation

(a) prohibiting the cutting or destroying of trees or shrubs, planting and maintenance of particular kinds of trees or shrubs, prohibiting the making of excavations or removal of soil or quarrying, providing for the alteration, repair and proper maintenance of buildings and compounds, closing of roads and by-paths, and general protection of the surface land on any hillside, where such regulations appear to the Board of Councilors to be necessary for the maintenance of water-supply, preservation of soil, prevention of landslips or of formation of ravines or torrents, and protection of land against erosion or deposit thereon of sand, gravel or stones;

(b) providing for road, or land, or building abutting thereon;

(c) providing for licences necessary within the municipal area for animals, vehicles and other conveyances let out on hire for a day or part thereof :

(d) prescribing the conditions subject to which such licenses may be granted, refused, suspended or withdrawn;

(e) providing for the charges to be made for the hire of animals, vehicles and other conveyances referred to in clause (c);

(f) preventing the straying of poultry;

(g) preventing the grazing or straying of cattle on hillsides or banks; and

(h) providing for any of the matters necessary for environmental protection of the hills.

Part VIII

Community Health

CHAPTER XXI

Public Safety and Nuisances

(a) by notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Chairman-in-Council may direct, or

(b) grant permission to retain such work for reasons to be recorded in writing, in exceptional circumstances if such retention is not otherwise objectionable :

(a) to refrain from using, or permitting the use of, such water, or

(b) to close or fill up such place or enclose it with a substantial wall or fence.

(a) public wash-houses or places maintained or provided for the purpose, or

(b) such other places as the Chairman-in-Council may appoint for the purpose, if sufficient number of public wash-houses are not maintained or provided.

(a) bathe in, or in any manner defile, water in any place set apart by the Municipality or by the owner thereof for drinking only; or

(b) deposit any offensive or deleterious matter in the dry bed of any place set apart as aforesaid for drinking purpose; or

(c) wash clothes in any place set apart as aforesaid for drinking or bathing purpose; or

(d) wash any animal or any cooking utensils or wool, skins or other foul or offensive substance or deposit any offensive or deleterious matter in any place set apart as aforesaid for bathing purpose or washing clothes; or

(e) cause or suffer to drain into or upon any place set apart as aforesaid for drinking, or bathing purpose or washing clothes or cause or suffer anything to be brought thereinto or do anything whereby the water may be fouled [or corrupted; or]

[(f) use, sale and distribute plastic within the municipal area or throw plastic in the public streets[, drain] and tanks, whether private or public and defile water of public and private tanks.]

(a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be, suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies;

(b) by public notice direct that after such date as may be specified in the notice, dogs which are without a licence distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any. may be confined and cause them to be otherwise dealt with or destroyed, if necessary.

(a) to close, remove, alter, repair, cleanse, disinfect or otherwise put to order any cesspool, drain, receptacle for sewage, septic tank or any other type of latrine;

(b) to require such cesspool, drain, receptacle for sewage, septic tank or other type of latrine to be provided for any land or building, whether or not, in addition to the existing ones;

(c) to cause any service privy or urinal in any land or building to be converted into or replaced by sanitary latrine of specified design, model or standard;

(d) to provide specified devices to the existing cesspool, drain, receptacle for sewage, septic tank or latrine to abate the mosquito menace.

CHAPTER XXII

Restraint of infection

(a) in the case of any building or any part thereof or any article contained therein, by the occupier of such building or part thereof, and

(b) in any other case, by the person in actual possession thereof or, if there is no such person, by the owner :

(a) by public notice prohibit the use of such water for consumption; or

(b) by notice in writing require the owner or the person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to, or from using, such water; or

(c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease.

(a) take such special measures, which may extend to destruction of the sources of infection like foodstuff, drugs, drinks, flesh, fish, fruits, vegetables, articles, containers, packages, or clothing, as may be necessary, and

(b) by public notice, give such directions to be observed by the public or by any class or section of the public as he thinks necessary, to prevent the outbreak or spread of the disease :

(a) require any person having charge of the corpse to carry the same to mortuary for being disposed of in accordance with law, or

(b) prohibit the removal of the corpse from the place where death occurred, except for the purpose of being burnt or buried or being carried to a mortuary.

(a) make, carry or offer for sale, or take any part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption or any article of clothing or bedding for personal use or wear, or

(b) take any part in the business of washing or carrying of clothes.

(a) knowing that he is suffering from a dangerous disease, expose other persons to the risk of infection by his presence or conduct in any public street or public place;

(b) having the care of a person who he knows to be suffering from a dangerous disease, cause or permit such person to expose other persons to the risk of infection by his presence or conduct in any street or place as aforesaid;

(c) place or cause to be placed in a dustbin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly;

(d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly.

CHAPTER XXIII

Vital Statistics

(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give any information under this Act containing the particulars of birth of such child, and the officer empowered under this section shall not enter in the register the name of any person as father of such child except 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 had reasonable grounds for believing that such information had been given;

(c) when a child is born in a hospital or a nursing home or a maternity home, none but the officer-in-charge thereof shall be bound to forward forthwith to the officer empowered under this section a report of such birth in such time and in such form as may, from time to time, be specified by the State Government.

(a) if the cause of death is known to be a dangerous disease, the information as aforesaid shall be given within twelve hours of its occurrence;

(b) if the death of any person occurs in a hospital or a nursing home or a maternity home, it shall be the duty of none but the medical officer or other officer-in-charge thereof to forward forthwith a report of such death in such form as may, from time to time, be specified by the State Government.

CHAPTER XXIV

Disposal of the Dead

(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 under the provisions of this Chapter;

(c) build or 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 under this Chapter;

(d) exhume any body from any place for the disposal of the dead except under the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force.

(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 creates a nuisance :

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

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

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

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

(f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as may cause the surface of the coffin or. when no coffin is used, of the corpse or part of the corpse to be at a depth of less than two metres 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 distance of less than one half of a metre from the margin of any other grave or vault;

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

(i) reopen, for the interment of a corpse or of any part of a corpse, a grave or vault already occupied without the written permission of the Board of Councilors.

(a) convey the carcass to a place provided or appointed under this Act for the final disposal of carcasses of dead animals, or

(b) give notice of the death to the Chairman whereupon he shall cause the carcass to be disposed of.

Part IX

Other Authorities

CHAPTER XXV

Notified Area

(i) any urbanised area which does not fulfil the conditions for being immediately constituted a municipal area under this Act, or

(ii) any area which is comprised in a newly developing town, or

(iii) any area in which new industries have been or are being established, the [Governor] may, by notification, specify such area and declare [his] intention so to do.

(a) withdrawing the notification under sub-section (1), or

(b) constituting the area specified in the notification or any part thereof as a notified area for the purposes of this Chapter.

(a) building regulations,

(b) street alignment,

(c) conversion of land or building from one use to another, and

(d) public safety and nuisance.

(a) [***]

(c) ***]

(d) the manner in which powers and duties are to be exercised by a Gram Panchayat or a Panchayat Samiti with regard to non-municipal urban areas.

Part X

Powers, Procedures, Penalties And Savings

CHAPTER XXVI

Procedure

A. Licences and written permissions

(a) the date of the grant thereof;

(b) the purpose and the period (if any) for which it is granted:

(c) the restrictions or conditions, if any, subject to which it is granted;

(d ) the name and address of the person to whom it is granted; and

(e) the fee, if any, paid for the licence or the written permission.

(a) before making any order of suspension or revocation of the licence or the written permission, a reasonable opportunity shall be accorded to the grantee to show cause why it should not be suspended or revoked;

(b) every such order shall contain a brief statement of the reasons for the suspension or the revocation of the licence or the written permission.

B. Entry and inspection

(a) for the purpose of ascertaining whether, in connection with the land or the building, there is or has been any contravention of the provisions of this Act or the rules or the regulations made thereunder;

(b) for the purpose of ascertaining whether or not circumstances exist which render it necessary, or require the Board of Councilors or any officer or other employee of the Municipality authorized or empowered in this behalf, to take any action or execute any work under this Act or the rules or the regulations made thereunder;

(c) for the purpose of taking any action or executing any work authorized or required by this Act or the rules or the regulations made thereunder;

(d) to make such inquiry, inspection, examination, measurement, valuation or survey as may be authorized or required by or under this Act or as may be necessary for the proper administration of this Act;

(e) generally for the purpose of efficient discharge of the functions by any of the authorities under this Act or the rules or the regulations made thereunder.

(a) if he considers the opening of such door, gate or other barrier necessary for the purpose of such entry; and

(b) if the owner or the occupier is absent or, being present, refuses to open such door, gate or other barrier.

C. Public notices and advertisements

D. Evidence

(a) the Board of Councilors, or

(b) the Chairman-in-Council, or

(c) the Chairman or any officer of the Municipality, as the case may be, a written document signed,-

(i) in the cases referred to in clause (a), by the [Chairman], and

(ii) in the cases referred to in clause (b) or clause (c), by the Chairman or such officer of the Municipality, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction, shall be sufficient evidence thereof.

E. Notices etc.

(a) where the person to be served is a company, if the document is addressed to the secretary of the company at its registered office or at its principal office or place of business and is-

(i) sent under certificate of posting, or

(ii) delivered at the registered office or at the principal office or place of business of the company;

(b) where the person to be served is a partnership, if the document is addressed to the partnership at its principal place of business identifying it by the name or style under which its business is carried on and is-

(i) sent under certificate of posting, or

(ii) delivered at the place of business of the partnership;

(c) where the person to be served is a corporation, society or any other body or authority, if the document is addressed to the secretary, treasurer or other officer of such corporation, society or other body or authority at its principal office and is-

(i) sent under certificate of posting, or

(ii) delivered at the principal office of such corporation, society or other body or authority;

(d) if such notice, bill, summons, requisition or other document is, in any other case, addressed to the person to be served and-

(i) is given or tendered to him, or

(ii) if such person cannot be found, is affixed on some conspicuous part of his last known place of residence or business within the municipal area, or is given or tendered to some adult member of his family, or is affixed on some conspicuous part of the land or building, if any, to which it relates, or

(iii) is sent under certificate of posting to such person.

(a) if the document so addressed is sent or delivered in accordance with clause (b) of sub-section (1); or

(b) if the document or a copy thereof so addressed is delivered to some person on the land or the building or, where there is no such person to whom it can be delivered, is affixed to some conspicuous part of such land or building.

F Enforcement of orders to execute work etc.

(a) such requisition or order shall be complied with, and

(b) any written objection thereto shall be received by such authority or officer.

G. Recovery of expenses

(a) receiving the rent of any immovable property as receiver or agent or trustee of such property. or

(b) being such receiver or agent or trustee would receive the rent if such property were let to a tenant, bound to discharge any obligation imposed on the owner of such property but has not, at his disposal, funds belonging or payable to such owner or sufficient for the purpose of discharging such obligation, he shall, within a period of six weeks from the date of service upon him by any municipal authority or officer of the Municipality empowered in this behalf under this Act of any notice requiring him to discharge such obligation, apply to a court of competent jurisdiction for leave to raise such fund or for such directions as he may consider necessary for such purpose.

H. Payment of Compensation

I. Legal proceedings

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

(i) any offence under this Act or the rules or the regulations made thereunder, or

(ii) any offence which affects or is likely to affect any property or interest of the Municipality, or

(iii) committing any nuisance whatsoever;

(b) institute, or withdraw from, or compromise, any proceedings under this Act;

(c) contest or compromise an appeal against assessment of any property tax or other tax;

(d) withdraw or compromise any claim against any person in respect of a penalty payable under a contract entered into with such person by the Municipality;

(e) defend or compromise any suit or other legal proceeding or claim brought against the Municipality or against any municipal authority or any officer or other employee of the Municipality in respect of anything done or omitted to be done by the Municipality or such authority or officer or other employee under this Act or the rules or the regulations made thereunder;

(f) institute or prosecute any suit, proceeding or claim, or withdraw from, or compromise, any suit, proceeding or claim, instituted or made, as the case may be, in the name of the Municipality or the Board of Councilors or the Chairman;

(g) obtain, for any of the purposes mentioned in the foregoing clauses of this section or for securing lawful exercise or discharge of any power or duty vesting in, or imposed upon, any municipal authority or any officer or other employee of the Municipality, such legal advice and assistance as it may, from time to time, consider necessary or expedient.

(a) the cause of action,

(b) the name and residence of the intending plaintiff, and

(c) the relief which such plaintiff claims.

J. Power and duties of Police-officers

(a) co-operate with the Municipality for carrying into effect and enforcing the provisions of this Act and for maintaining good order in and outside the municipal area, and

(b) assist the Board of Councilors, the Chairman-in-Council or the [or the Executive Officer] or any officer or other employee of the Municipality in carrying out any order made by a Magistrate under this Act.

(i) to communicate without delay to the Chairman [or the Executive Officer] or any officer of the Municipality any information which he receives in respect of any design to commit, or any commission of, any offence under this Act or the rules or the regulations made thereunder. and

(ii) to assist the Board of Councilors, the Chairman-in-Council or the Chairman [or the Executive Officer] or any officer or other employee of the Municipality reasonably demanding his aid for the lawful exercise of any power vesting in the Municipality or the Board of Councilors or the Chairman-in-Council or the Chairman [or the Executive Officer] or such officer or other employee under this Act or the rules or the regulations made thereunder.

K. General Provisions

CHAPTER XXVII

Rules and Regulations

(a) upon the issue of any direction to any Municipality to exercise any power or to perform any function or to discharge any duty, or

(b) upon the transfer to any Municipality of any function, or control and management of any property,

(i) with fine which may extend to the amount, or with imprisonment for a term which may extend to the period, specified in that behalf in column 3 of the said Schedule or with both, and

(ii) in the case of continuing contravention or failure, with an additional fine which may extend to the amount specified in column 4 of the said Schedule for everyday during which such contravention or failure continues after conviction upon first such contravention or failure.

Schedule I

(See section 118)

Professions, trades and callings

Schedule II

(See section 201)

Purposes for which premises may not be used without a licence or written permission

Schedule III

[See section 106(4)]

Parts of plant or of combination of plant and machinery in certain cases not be excluded in calculating the annual value of any land or building

Schedule IV

(See section 440)

Penalties