{ "id": 2412, "slug": "arunachal-pradesh-municipal-act-2oo7-act-no-4-of-2008", "title": " Arunachal Pradesh Municipal Act, 2007", "short_title": "The ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7 (ACT No.4 OF 2008)", "act_number": "4", "act_year": 2008, "act_type": "STATE", "location": "Arunachal Pradesh", "law_status": "unknown", "enactment_date": "2008-03-17", "description": "The ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7 (ACT No.4 OF 2008)", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "Section 1. (1) This Act may be called the Arunachal Pradesh Municipal Act, 2007.", "chapter": null, "content": "(2) it shall extend to the whole of the State of Arunachal Pradesh or part \nthereof as may be notified by the State Govern ment from time to time excluding \ndefence areas therein. \n (3) It shall come into force on such date as the State Government may, b y \nnotification, appoint in this behalf and different dates may be appointed for \ndifferent municipal areas.", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "Section 2. In this Act, unless the context otherwise requires,-", "chapter": null, "content": "1) \"Adhoc Committee\" means an Adhoc Committee appointed under \nsection 33; \n2) \"Auditor\" means an Auditor appointed under section 93, and includes any \nofficer authorized by him to perform all or any of the functions of an \nAuditor under this Act; \n3) \"Balance sheet'' means the balance sheet prepared under section 91; \n4) \"Bio-medical waste\" means waste generated during diagnosis, treatm ent \nor immunization of human beings or animals or in research activities \npertaining thereto or in the production or testing of biological; \n5) \"Bridge\" includes a culvert; \n6) \"Budget Estimate’’ means the budget estimate prepared under se ction \n84; \n7) \"Budget Grant\" means the total sum entered on the expenditure side of a \nbudget estimate under a major head and adopted by the Municipality' and \nincludes any sum by which such budget grant is increased or reduced by \ntransfer from or to other heads in accordance with the provisions of this \nAct and the rules and the regulations there under ; \n8) \"Building\" means a str ucture constructed for whatever purpose and of \nwhatever materials, and includes the foundation' plinth, walls, floors, \nroofs, chimneys, fix ed platforms, verandas balconies, corn ices or \nprojections or part of a building or anything affixed thereto or any wall \n(other than a boundary wall of less than three meters in height) enclosing \nor intended to enclose, any land, sign or outdoor display structure but \ndoes not include a tent, shamiana or tarpaulin shelter ; \n9) \"Cadres\" of common municipal services\" means the cadres of common \nmunicipal services constituted under sub-section (1) of section 43; \n10) \"Carriage\" means any wheeled vehicle, with springs or other appliances \nacting as springs, which is ordinarily used fo r the conveyance of human \nbeings, and includes a auto -rickshaw, cycle-rickshaw, bicycle or tricycle, \n \nShort title, extent \nand \ncommencement. \n \n \n \n \n \nDefinitions \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nbut does not include a perambulator or other form of vehicle designed for \nthe conveyance of children or elderly, infirm or handicapped persons ; \n11) \"Cart\" means any hackney or wheeled vehicle with or without sprin gs, \nwhich is not a carriage, and includes a handcart, a cycle van and a push \nvan but does not include any wheeled vehicle which is propelled by \nmechanical power or its trailer ; \n12) \"Category 'A' post\" means a category 'A' post classified as such under \nsection 37 ; \n13) \"Category 'B' post\" means a category 'B' post classified as such under \nsection 37; \n14) \"category 'C' post\" means a category 'C' pos t classified as such under \nsection 37; \n15) \"category 'D' post\" means a category 'D' post classified as such under \nsection 37; \n16) \"Chief Councillor” means,- \ni. in relation to a Municipal Corporation, the Mayor, \nii. in relation to a Municipal Council, the Municipal Chairperson, and \niii. in relation to Nagar Panchayat, the Municipal president; \n17) \"Chief Municipal Executive Office/' means,- \ni. In relation to a Municipal Council in Capital Region and \" Municipal \nExecutive Officer’’ means,- \nii. in relation to a Municipal Council or Nagar Panchayat, in districts. \n18) \"City \" means a larger urban area declared to be a city under section 3 ; \n19) \"Class 'A smaller urban area\" means a smaller urban area classified as \nsuch under section 7 : \n20) \"Class 'B' smaller urban area\" means a smaller urban area classified as \nsuch under section 7 ; \n21) \"Class 'C' smaller urban area\" means a smaller urban area classified as \nsuch under section 7 ; \n22) \"Councillor\", in relation to a Municipality, means a person chosen by \ndirect election from a ward of that Municipality; \n23) \"Cubical extent,\" with reference to the measurement of a buil ding, \nmeans the space contained within the extern al surface of its walls and \nroof and the upper surface of the floor of its lowest or only storey ; \n24) \"Dangerous disease\" means- \na. Cholera ,plague, small-pox, cerebrospinal meningitis, diphtheria, \nTuberculosis, leprosy, influenza, encephalitis, poliomye litis, or \nsyphilis; or \nb. any other epidemic, endemic, infectious disease which the State \nGovernment may, by notification, declare to be a dangerous \ndisease for the purposes of this Act ; \n25) \"Deputy Chief Councillor\" means,- \na. in relation to a Municipal Corporation, the Deputy Mayor, \nb. in relation to a Municipal Council, the Municipal Vice - Chair \nPerson, and \nc. in relation to a Nagar Panchayat, the Municipal Vice President ; \n26) \"Director of Urban Local Bodies\" means an officer appointed as such by \nthe State Government' and includes an Additional Directo r a Joint \nDirector, a De puty Director, or any other offi cer of nodal department of \nthe State Government authorized by it to perform the functions of the \nDirector of Urban Local Bodies under this Act, \n27) \"Domestic purpose\" in relation to the supply of water, means the purpose \nother than those referred to in sub-section ( 3) of section 172 ; \n28) \"Drain\" includes a sewer, a house-drain, a drain of any other description, \na tunnel, a culvert, a ditch, a channel or any other device for carrying off \nsullage, sewage, offensive matter, polluted water, rain-water or sub -soil \nwater ; \n29) \"Drug\" means any substance used as medicine or in the composition or \npreparation of medicine, whether for internal or external use, but does not \ninclude a drug within the meaning of clause ( b) of section 3 of the Drugs \nand Cosmetics Act,23 of 1940; \n30) \"Dwelling- house\" means a mas onry building constructed, us ed, or \nadapted to be used, wholly or principally for human habitation ; \n31) \"Empowered Standing Committee\" means the Empowered Standing \nCommittee referred to in section21; \n32) \"Establishment Schedule\" means the Establishment Schedule prepared \nunder section 37 ; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n33) \"Financial statement \"means the financial statement prepared under \nsection 90 ; \n34) \" Food\" includes every article used for food or drink by man, other than \ndrugs or water, and any article which ordinarily enters into, or is used in \nthe composition or prepar ation of, human food, and also includes \nconfectionery flavouring and colouring matters, spices and condiments ; \n35) \" Footpath\" means a pavement for use by pedestrians which abuts a \ncategory I or category II or category III or category IV road ; \n36) \" Habitable room\" means a room constructed or adapted for human \nhabitation; \n37) \"Hazardous process\" means the hazardous process defined in Clause \n(cb) of section 2 of the Factories Act, 1948 ; \n38) \"Hazardous wastes\" means the categories of wastes specified as such in \nthe Environment (Protection ) Act, 1986 ; \n39) \"House- drain\" means any drain of one or more premises used for the \ndrainage of such premises ; \n40) \"House-gully\" means a passage or a strip of land constructed, set apart \nor utilized for the purpose of serving as a drain or affording a ccess to a \nprivy, urinal, cesspool or other receptacle for filthy or polluted matter for \nmunicipal employee ; \n41) \"Hut\" means any building, no substantial part of which, excluding the \nwalls up to a height of fifty centimetres above the floor o r floor level, is \nconstructed of masonry, reinforced concrete, steel, iron or other metal ; \n42) \"Industrial township\" means such urban area or part thereof as the \nGovernor may, having regard to the size of the area and the municipal \nservices being provided or proposed to be provided by an industrial \nestablishment in that area and such other factors as he may deem fit, by \nnotification, specify to be an industrial township ; \n43) \"Infectious disease\" or \"communicable disease \"means any disease \nwhich may be tr ansmitted from one person to another and declared as \nsuch by the State Government by notification; \n44) \"Joint Committee\" means a Joint Committee constituted under section \n34; \n45) \"Larger urban area\" means a municipal area classified as a larger urban \narea under section 7 ; \n46) \"Land or building\" includes a slum ; \n47) \"Market\" includes anyplace, by whatever name called, where persons \nassemble for the sale of meat, fish, fruit, vegetables, live stock, or any \nother article of food of a perishable nature, or any other article fo r which \nthere is a collection of shops or warehouses or stalls, declared and \nlicensed by the Municipality as a market' \n48) \"Masonry building\" means any building, other than a hut, and includes \nany structure, a substantial part of which is made of maso nry, reinforced \nconcrete, steel, iron or other metal ; \n49) \"Milk\" includes cream, separated milk, and condensed, sterilized, \ndesiccated or toned milk ; \n50) \"Municipal Accounts Committee\" means a Municipal Accounts \nCommittee constituted under section 100 ; \n51) \"Municipal Accounting Manual\" means the Municipal Accounting Manual \nprepared and maintained under section 89 ; \n52) \"Municipal area\" means an area constitu ted as a municipal area under \nsection 6 ; \n53) \"Municipal drain\" means a drain vested in the Municipality; \n54) \"Municipal Fund\" means the Municipal Fund referred to in section 75 ; \n55) \"Municipal Magistrate\" means the Municipal Magistrate appointed under \nsection 425 ; \n56) \"Municipal Market\" means a market belonging to, or maintained by, the \nMunicipality; \n57) \"Municipal Service Commissio n\" means the Municipal Service \nCommission constituted under section 44 ; \n58) \"Municipal slaughterhouse\" means a slaughterhouse belonging to, or \nmaintained by, the Municipality; \n59) \"Municipality\" means an institution of self government constituted under \nsection 12, read with article 243 Q of the Constitution of India, and \nincludes a Municipal Corporation, a Municipal Council, and Nagar \nPanchayat, referred to in section 13; \n60) \"Notification\" means a notification published in the Official Gazette; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n63 of 1948 \n \n \n29 of 1986 \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n61) \"Nuisance\" includes any act, omission, place or thing which causes, or is \nlikely to cause, injury, danger, annoyance or injurious to health or \nproperty ; \n62) \"Occupier\" includes any person for the time being paying or liable to pay, \nto the owner rent or any portion of the re nt of the land or the building in \nrespect of which the word is used or for damages on account of the \noccupation of such land or building, and also includes a rent-free tenant : \n Provided that an owner livin g in, of otherwise using, his own land \nor building shall be deemed to be the occupier thereof ; \n63) \"Offensive matter\" means kitchen or stable refuse, dung, dirt, putrid or \nputrefying substance, or fifth of any kind which is not included in sewage , \n64) \"Other agency\" means a company firm, society, or body corporate in the \nprivate sector, or any institution, or government agency, or any joint \nsector agency, or any agency under any other law for the time br ing in \nforce ; \n65) \"Owner\" includes the person for the time being receiving the rent of any \nland or building or of any part of any land or building, whether on his own \naccount or as an agent or charitable purpose or as a receiver who would \nreceive such rent if the land or the building or of any part of the land or \nthe building were let to a tenant ; \n66) \"Population\" means the population as ascertained at the last preceding \ncensus of which the relevant figures have been published ; \n67) \"Premises\" means any land or building or part of a building or any hut or \npart of a hut, and includes - \n(a) the garden, ground and outhouses, if any, appertaining thereto, and \n(b) any fittings or fixtures affixed to a building or part of a building or hut \nor part of a hut for the more beneficial enjoyment thereof; \n68) \"Prescribed\" means prescribed by rules made under this Act; \n69) \"Presiding officer\" means,- \n(a) in the case of a Municipal Council, the Municipal Chairperson, \n(b) in the case of a Nagar Panchayat, the Municipal President; \n70) \"Private drain\" means any drain which is not a municipal drain; \n71) \"Private street\" means any street, road, lane, gully, alley, passage or \nsquare which is not a public street, and includes any passage securing \naccess to four or more premises belonging to the same or different \nowners, but does not include a passage provided in effecting a partition \nof any masonry building am ongst joint owners where such passa ge is \nless than two meters and fifty centimetres wide ; \n72) \"Public building\" means a masonry building constructed, used, or \nadapted to be used,- \n(a) as a place of public worship or as a school, college or other place of \ninstruction (not being a dwelling -house so used) or as a hospital, \nworkhouse, public theatre, public cinema, public hall, public concert -\nroom, public ballroom, public lecture -room, public library or public \nexhibition room or as a public place of assembly, or \n(b) for any other public purpose, or \n(c) as a hotel, lodging -house, refuge or shelter, where the building, in \ncubical extent, exceeds seven thousand cubic meters or has \nsleeping accommodation for more than one hundred person; \n73) \"Public street\" means any street, road, lane, gully, alley, passage, \npathway, square or court yard, whether a thoroughfare or not, over which \nthe public have a right of way, and includes :- \n(a) the access or approach to a public ferry, \n(b) the roadway over any public bridge or causeway, \n(c) the footpath attached to any such street, public bridge or causeway, \n(d) the passage connecting two public streets, and \n(e) the drains attached to any such street, public bridge or causeway, \nand, where there is no drain attached to any such street, shall be \ndeemed to include als o, unless the contrary is shown, ail land up to \nthe boundary wall, hedge or pillar of the premises, if any, abutting on \nthe street, or, where a str eet alignment has been fixed, up to such \nalignment ; \n74) \"Regulations\" means the regulations made by a Municipality under this \nAct ; \n75) \"Rules\" means the Rules made by the State Government under this Act \n; \n76) \"Sewage\" means nigh -soil and other contents of privies, urinals, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\ncesspools or drains, and includes trade effluents and discharges from \nmanufactories of all kinds; \n77) \"Smaller urban area\" means a municipal area classified as a smaller \nurban area under section 7; \n78) \"State Municipal Service Commission\" means the State Municipal \nService Commission constituted under section 45 ; \n79) \"State Municipal Vigilance Authority\" mea ns the State Municipal \nVigilance Authority appointed under section 46 ; \n80) \"Street\" means a public street or a private street ; \n81) \"Street alignment\" means the line dividing the land comprised in, and \nforming part of, a street from the adjoining land; \n82) \"Subject Committee\" means a Subject Committee constituted under \nsection 32 ; \n83) \"Ward Committee\" means a ward Committee referred to in section 31; \n84) \"Wards Committee\" means a wards Committee constituted under section \n30 ; \n85) \"Water-course\" includes a ricer, stream or channel, whether natural or \nartificial ; \n86) \"Year\" means a financial year beginning on the first day of April. \n \nChapter-II \n \nConstitution of Municipal Areas and Classification of Municipalities", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "3", "title": "Section 3. (i) The Governor ma y, after making such inquiry as he may de em fit, and", "chapter": null, "content": "having regard to the population of any urban area, the density of population \ntherein, the reven ue generated for the local administrati on of such area, the \npercentage of employment in non- agricultural activities in such area, the \neconomic impor tance of such area, and such other factors as may be \nprescribed, by notification, declare his intention to specify such area to be a \nlarger urban area, or smaller urban area, or a transitional area'. \n \n Provided that no such declaration shall be made unless the population :- \na) in the case of a larger urban area is 75 thousands or more, \nb) in the case of a smaller urban area, is twenty five thousand or more but \nis less than 75 thousand, and \nc) in the case of a transitional area, is less than twenty-five thousand : \n Provided further that the non-agricultural population in all cases shall \nbe eighty five per cent or more. \n Explanation :- \"revenue generated for the local administration ' shall \nnot include – \na) taxes, if any, distributed to the Municipa lity by the State \nGovernment, \nb) loans and grants from the State Government, and \nc) loans and grants from the Central Government or any institution \nor other source. \n (2) The Governor shall, by notification, declare an area specified as- \ni. a larger urban area to be a city, \nii. a smaller area to be a town, and \niii. a transitional area to be a Nagar Panchayat. \n \n (3) Notwithstanding an ything contained in sub -section (l), the Governor \nmay, by notification, determine separate conditio ns to constitute any hill ar ea, \npilgrim centre, tourist centre of mandi town as a municipal area.", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "4", "title": "Section 4. (1) The notification about the constitution of a municipal area sha ll be", "chapter": null, "content": "published in the Official Gazette and in at least two leading newspapers, at least \none of which shall be in vernacular intelligible to the inhabitants of the local area \nconcerned. \n \n (2) A copy of the notification shall also be pasted in a conspicuous place in \nthe office of the Collector of the district and, where there is a Municipality also in \nthe office of the Municipality and in such other public places as the State \nGovernment may direct. \n \n (3) A public proclamation about the constitution of a municipal area shall be \nmade either by beating of drum throughout the local area concerned or through \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDeclaration of \nIntention to \nConstitute a \nMunicipal area. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPublication of \ndeclaration. \n \n \n \n \n \n \n \n \n \n \n\nany other publicity media.", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "5", "title": "Section 5. Any inhabitant of the city, town or Nagar Panchayat in respect of which a", "chapter": null, "content": "notification has been published under section 4 may, if he objects to anything \ncontained in the notification, submit his objection in writing to the State \nGovernment within one month from the date of its publication, and the State \nGovernment shall take such objection into consideration.", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "6", "title": "Section 6. On the expiry of one month from the date of publication of the notification and", "chapter": null, "content": "after consideration of all or any of the objection which may be submitted. the \nGovernor may, by notification, constitute such city transitional area or any \nspecified part thereof as a municipal area under this Act.", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "7", "title": "Section 7. The Governor may, for the purpose of application of the provisions of this Act,", "chapter": null, "content": "classify any municipal area on the basis of the population as ascertained at the \nlast preceding census of which the relevant figures have been published, as- \n \na) a urban area of- \nClass 'A municipal area having population above 75,000 or \nClass 'B' municipal area having population above 30,000 but not \nexceeding 75,000 or Class 'C' municipal area having population above \n20,000, but not exceeding 30,000 , and \nb) Nagar Panchayat having population not exceeding 20,000 : \n \nProvided that for the purpose of classification of municipal area in any hill \narea, pilgrim centr e, tourist centre of mandi town, the Govern or may, by \nnotification, determine separate size of population for each class of such \nmunicipal areas'", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "8", "title": "Section 8. The Governor may by notification,-", "chapter": null, "content": "a. withdraw any municipal area or part thereof from the operation of this Act, \nor \nb. exclude from a municipal area any local area com prised therein and \ndefined in the notification, \nc. include within a municipal area an y local area contiguous to such \nmunicipal area and defined in the notification, or \nd. divide any municipal area into two or more municipal areas, or \ne. unite two or more contiguous municipal area so as to constitute one \nmunicipal area, or \nf. revise the boundary of two or more contiguous municipal areas: \n \n Provided th at the procedure laid down for the constitution of a \nmunicipal area under this Act shall be followed mutates mutants in each \nsuch case: \n \n Provided further that the views of the Municipality affected by any \nsuch noti fication shall be invited by th e State Govern ment within such \ntime as may be specified in the notification, and the State Government \nshal1 consider the views of the Municipality as aforesaid before a final \ndeclaration is made: \n \n Provided also that no such notification shall be i ssued where any \npart of the municipal area or any neighbouring area is a cantonment or \npart of a cantonment, as defined in the Cantonments Act, 1924.", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "9", "title": "Section 9. Where a dwelling ho use, manufactory, warehouse, or place of industry or", "chapter": null, "content": "business is situ ated within th e limits of two or mor e adjacent municipal areas, \nthe State Governmen t may, notwithstanding anything contained elsewher e in \nthis Act, by notification, declare the municipal within which such dwelling house, \nmanufactory ware, or place of indus try or business be deemed to be include for \nthe purpose of this Act.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "10", "title": "Section 10. (1) The State Gover nment may, by notification, and for reasons to be", "chapter": null, "content": "recorded in writing, except Class 'C' municipal areas or Nagar Panchayats from \nthe operation of any of the provisions of this Act considers unsuited thereto, and, \nthereupon, the said provisions shall not apply to such class 'C' municipal areas \nor Nagar Panchayats, as the case may be until such provisions are applied \nthereto by notification. \n \n \nConsideration \nOf objection \n \n \n \n \nConstitution of \nMunicipal area. \n \n \nClassification of \nMunicipal areas. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to abolish or \nalter Iimits of \nMunicipal area. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to include \ncertain dwelling \nhouse, manufactory \netc. within a \nparticular Municipal \narea. \n \n \nPower to Exempt \nMunicipal area from \noperation of any \nprovisions of the Act \nunsuited thereto. \n \n\n \n (2) While a notification under sub- section (1) remains in force, the State \nGovernment may make rules consistent with the provisions of this Act in respect \nof any matter within the purview of such provisions from the operation of which \nthe municipal areas or Nagar Panchayats as aforesaid are exempted. \n \n \nChapter-III \nMunicipality and Municipal Councillors", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "11", "title": "Section 11. (1) The municipality shall consist of such number of elected Councillors as", "chapter": null, "content": "there are wards within the municipal area as determined in accordance with the \nprovisions of any law relating to municipal election in the State. \n \n (2) The Municipality shall be a body corporate with perpetual succession and \na common seal, and may, by the name of the Municipality of the city / town or \nthe Nagar Pan chayats, as the case may be, by reference to which the \nMunicipality is known, sue and be sued. \n \n (3) All executive actions of the Empowered Standing \nCommittee shall be expressed to be taken in the name of the Municipality. \n \n (4) Subject to the provisions of this Act, the Municipality shall have t he \npower to acquire, hold and dispose of properties.", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "12", "title": "Section 12. (1) The Councillors elected in a general election or a by- election of a", "chapter": null, "content": "municipality in accordance with the provisions of any law relating to municipal \nelections in the State, shall constitute the Municipality. \n \n (2) The Municipality shall, unless dissolved earlier, continue for a period of \nfive years from the date of its first meeting after the general election, and \n \n (3) No longer an election to constitute a Municipality shall be completed, as \nthe case may be; \n \n(a) before the expiry of the period specified in subsection (2), or \n(b) before the expiry of a period of six months from the date of its \ndissolution: \n \n Provided that where the remainder of the period for which the \ndissolved Municipality would have continued is less than six months, it \nshall not be necessary to hold an election for constituting the Municipality \nfor such period. \n \n (4) The Municipality constituted upon its dissolution before the expiry of the \nperiod specified in subsection (2) shall continue only for the remainder of the \nperiod for which the dissolved Municipality would have continued under sub - \nsection (2) had it not been so dissolved. \n \n (5) In a municipal area newly constituted, the local authority having \njurisdiction over such area immediately before such area was constituted a \nmunicipal area, shall continue to have jurisdiction and to perform its functions till \nsuch time , not exceeding six months from the date of the notification under \nsection 6, as may be necessary for holding elections. \n \n (6) If, for any reason, it is not possible to hold the general election of a \nMunicipality before the expiry of the period of five years specified in subsection \n(2), the Municipality shall stand dissolve d on the expiry of the said period, and \nall the powers and functions vested in the municipal authorities under this Act or \nunder any other law for the time being in force shall be exercised or performed, \nas the case may be, by such person or persons to be designated as \nAdministrator or Board of Administrators as the State Govern ment may, by \nnotification, appoint. \n \n 13.Each Municipality shall consist of such number of Councillors as are \nspecified in the Table below:- \n \n \n \n \n \n \n \n \n \n \n \nThe Municipality \nConstitution of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstitution of \nMunicipality \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstitution of \nMunicipality \n \n\n \nThe Table \nNumber of Councillors \nPopulation Range Minimum Incremental Number Maximum \n \n Municipal Councils \nClass ‘A’ l5 One additional Councillor for 25 Municipal Council \nevery 5,000 above 75,000 \n \nClass 'B' 10 One additional Councillor for 20 \nMunicipal Council every 3,000 above 50,000 \n \nClass 'C' 8 One additional Councillor for 16 \nMunicipal Council every 2,500 above 30,000 \n \n Nagar Panchayat \n \nNagar Panchayat 6 10", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "14", "title": "Section 14. Notwithstanding anything contained in this Act, the superintendence,", "chapter": null, "content": "Direction and control of the preparation of electoral rolls for, and the Conduct of, \nall elections of Councillors shall be vested in the State Election Commission \nconstituted under the State Election Commission Act or the State Municipal \nElection Act, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "15", "title": "Section 15. (l) Notwithstanding anything contained in the Indian Oaths Act, 1873, every", "chapter": null, "content": "person who is elected as a Councillor shall, before taking his seat, make and \nsubscribe an oath or affirmation of his allegiance to the Constitution of India \nbefore the District Magis trate or the magistrate in -charge of the sub -division in \nwhich the municipal area is situated or an officer of the State Government \nauthorized in this behalf by the District magistrate. \n \n (2) The oath shall be in the following form :- \n \n \"I, A. B., have been elected a Councillor of the municipal area of. do \nswear in the name of God/ solemnly affirm that I will bear true faith and \nallegiance to the Constitution of India as by law established, and that I will \nfaithfully discharge the duties upon which I am about to enter\". \n \n (3) Any person who, having been elected a Council lor, fails to mak e and \nsubscribe, within three m onths of the date on which his term of office \ncommences, the oath or affirmation under sub -section (1), shall cease to hold \nhis office and his seat shall be deemed to be vacant : \n \n Provided that the State Govern ment may, for reasons to be recorded \nin writing, extend each case or class of cases the period of three months as it \nthinks fit.", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "16", "title": "Section 16. Subject to the provisions of sub -section (3) or subsection (4), as the", "chapter": null, "content": "case may be, of section 12, a Councillor \nshall hold office for a period of five years from the date of the first meeting of the \nMunicipality under section 35 or, in the case of a Councillor chose n to fill a \ncasual vacancy, for the remainder of the term of office of his predecessor, \nunless – \na. the Municipality is dissolved earlier, or \nb. he resigns his office by notice, in writing, under his hand addressed to \nChief Councillor, and, thereupon, his office shall become vacant from the \ndate of the notice, or \nc. his election is void, or is declared to be void, under the provisions of any \nlaw relating to municipal elections in the State, or \nd. the entire area of the ward from which he has been elected is withdrawn \nfrom the operation of this Act under clause (a) of sub-section (1) of \nsection 8.", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "17", "title": "Section 17. (l) Every Councillor shall be deemed to have vacated his office forthwith if he", "chapter": null, "content": "is recalled by means of secret ballot by a majority of the total number of voters \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nElection of \nCouncillors. \n \n \n \nOath of allegiance to \nbe taken by \nCouncillors. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTerm of office of \nCouncillors of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \nRecall of \nCouncillors. \n\nof the concerned ward of the municipal area casting the vote in accordance with \nsuch procedure as may be prescribed ; \n \n Provided that no process of recalled shall be initiated unless a proposal in \nthis behalf is signed by not less than thre e-fourth of the total number of \nCouncillors and presented to the Collector or Chie f Municipal Executive Officer/ \nthe Municipal Executive Officer: \n \n Provided further that no such process of recall shall be initiated- \ni. within a period of two years from the date or which a Councillor is elected \nand enters upon, his office, or \nii. if half of the term of office of a Councillor elected in a bye-election has not \nexpired: \n Provided also that the process of recall of a Councillor shall be \ninitiated once only during the term of his office. \n \n (2) when a proposal for recall of a Councillor i s presented to the Collector \nunder the first provision to sub -section (1), the Collector/Chief Municipal \nExecutive Officer/the Municipal Executive Officer shall, after satisfying h imself \nand verifying that not less than three -fourth of the Councillors have signed the \nproposal, send the proposa l to the State Govern ment shall make a reference to \ntire State Election Commission. \n \n (3) On receipt of the reference under sub -section ( 2), the State Election \nCommission shall arrange for voting on the proposal of recall in such manner as \nmay be prescribed.", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "18", "title": "Section 18. No employee of any Municipality shall be eligible to contest an el ection to", "chapter": null, "content": "become a Councillor of any \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "19", "title": "Section 19. The Ch ief Councillor , the other members of the Empowered St anding", "chapter": null, "content": "Committee, and the other Councillors ma y receive such remuneration and \nallowances as may be prescribed : \n \n Provided that different rates may be prescribed for different classes of \nMunicipalities. \n \nChapter-IV \nMunicipal Authorities", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "20", "title": "Section 20. (1) The Municipal Authorities for the purposes of giving effect to the", "chapter": null, "content": "Provisions of this Act shall be,- \n \n(a)in the case of a Class 'A or Class 'B' or Class ‘C’, Smaller urban area,- \ni. The Municipal Council, \nii. The Empowered Standing Committee, \niii. The Municipal Chairperson, and \niv. The Municipal Executive Officer; \n \n(b) In the case of a Nagar Panchayat,- \ni. The Nagar Panchayat, \nii. the Empowered Standing Committee, \niii. the Municipal President, and \niv. The Municipal Executive Officer. \n \n (2) The presiding officer of the Municipality shall be, in the case of- \na. The Municipal Council, the Municipal Chairperson, and, \nb. The Nagar Panchayat, the Municipal President.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "21", "title": "Section 21. (1) In every Municipality there shall be an Empowered Standing Committee.", "chapter": null, "content": "(2) The Empowered Standing committee shall consist of- \na. In the case of a class 'A’ or class 'B' Municipal Council, the \nMunicipal Chairperson, the Municipal Vice -Chairperson, and five \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDisqualification for \nbeing a Councillor if \nemployed in a \nMunicipality. \n \nRemuneration and \nallowances of \nCouncillors. \n \n \n \n \n \n \n \n \nMunicipal \nauthorities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstitution of \nEmpowered \n\nother Councillors; \nb. in the case of a Class 'C' Municipal Council, the Municipal Vice -\nChairperson, and three other Councillors; and \nc. in the case of a Nagar panchayat, the Municipal President, the \nMunicipal Vice-president, and three other Councillors. \n \n (3) The Municipal Vice Chairman or the Municipal Vice President, as the \ncase may be, of a Mun icipal Council or a Nagar Panchayat, sha1l be elected by \nthe Councillors from among the Councillors. \n \n (4) The other members of the Empowered Standing Committee shall be \nnominated by the Chief Councillor from among the Councillors within a period of \nseven days of his entering office. \n \n (5) The members of the Empowered Standing Committee shall assume \ncharge after taking the oath of secrecy under section 24. \n \n (6) The Chief Councillor shall be the presiding of ficer of the Empowered \nStanding Committee. \n \n (7) The manner of transaction of business of the Empowered Stand ing \nCommittee shall be such as may be prescribed. \n \n (8) The Empowered Standing Committee shall be collectively responsible to \nthe Municipal Council or the Nagar Panchayat, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "22", "title": "Section 22. Subject to the Provision s of this Act and the rules and the regulations made", "chapter": null, "content": "there under, the executive power of a Municipality shall be exercised by \nEmpowered Standing Committee.", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "23", "title": "Section 23. (1) The Coun cillors shall, in the first meeting under section 35, elect in", "chapter": null, "content": "accordance with such procedure as may be prescribed one of the Councillors to \nbe the Chief Councillor, who shall assume office forthwith after taking the oath of \nsecrecy under section 24. \n \n (2) If the Councillors fail to elect a Chief Councillor under sub-section (1), the \nState Government shall appoint by name o ne of the Councillors to be the Chief \nCouncillor. \n \n (3) In the case of any casual vacancy in the office of the Chief Councillor \ncaused by death, resignation, removal or otherwise, and to fill up the vacancy, \nthe councillors may elect one of the councillors to be chief councillor as may be \nprescribed.", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "24", "title": "Section 24. (1) The Councillor and the members of the Empowered Standing Committee", "chapter": null, "content": "of a Municipality shall assume office after ta king the oath of secrecy in the \nfollowing form:- \n \n\"I, A. B. do sw ear in the name of God/solemnly aff irm that I will not directly or \nindirectly communicate or reveal to any per son or persons any matter which \nshall be brought under my consideration or shall become known to me as the \npresiding officer or as member of the Empow ered Standing Committee except \nas may be required for the due discharge of my duties\". \n \n(2) The oath of secrecy shall be administered by:- \n \n In the case of a Municipal Council or a Nagar Panchayat, the Disti nct \nMagistrate or the Magistrate in-charge of the Sub - division in which the \nmunicipal area is situ ated or an officer of the State Govern ment authorized in \nthis behalf by the District Magistrate.", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "25", "title": "Section 25. (1) The Chief Councillor shall cease to hold office as such if he ceases to be", "chapter": null, "content": "a Councillor. \n \n (2) The Chief Councillor may, at any, time, by giving a notice, in writing to the \nStanding \nCommittee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nExecutive power of \nMunicipality to be \nexercised by \nEmpowered \nStanding \nCommittee. \n \nElection of \nChief Councillor. \n \n \n \n \n \nOath of secrecy to \nbe taken by Chief \nCouncillor and \nmembers of \nEmpowered \nStanding \nCommittee. \n \n \n \n \n \n \n \n \n \n \nChief Councillor. \n \n \n \n\nMunicipality resign his office, and the proced ure for accept ance or otherwise of \nthe resignation shall be such as may be prescribed. \n \n (3) The Chief Councillor may be removed from office by a resolution carried \nout by a majority of the total number of councillors holding office for the time \nbeing at a special meeting to be called for this purpose in the manner as \nprescribed, upon a requisition made in writing by not less than one - third of the \ntotal number of Councillors, and the procedure for the conduct of business in the \nspecial meeting shall be such as may be prescribed. \n \n Provided that no such resolution shall be moved before the expiry of six \nmonths from the date of entering office by the Chief Councillor, and if such \nresolution is not carried by a majority of the total number of councillors, no \nfurther resolution for such purpose shall be moved before the expiry of a period \nof six months from the date on which the former resolution was moved.", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "26", "title": "Section 26. (1) The Deputy Chief Councillor shall, in the absence of the Chief Councillor,", "chapter": null, "content": "preside over the meetings of the Municipality. \n \n(2) When- \na. The office of the Chief Councillor falls vacant by reason of death, \nresignation, removal or otherwise, or \nb. The Chief Councillor is, by reason of reason of Ieave, illness or other \ncause, temporarily un able to exercise th e powers, perform the functions, \nor discharge the duties, of his office, \n The Deputy Chief Councillor shall exercise the powers, perform the \nfunctions, and discharge the duties, of the Chief Councillor until a Chief \nCouncillor is elected under subsection (3) of section 23 and enters office \nor until the Chief Councillor resumes his duties. \n \n (3) The Deputy Chief Councillor shall, at any time, exercise such other \npowers, perform such other functions, and discharge such other duties, as may \nbe delegated to him under the provisions of this Act.", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "27", "title": "Section 27. The term of office of the Chief Councillor and the members of the", "chapter": null, "content": "Empowered Standing Committee sha ll be conterminous with the duration of the \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "28", "title": "Section 28. (1) The Municipality may, by resolution, delegate, subject to such conditions", "chapter": null, "content": "as may be specified in the resolution, an y of its powers or functions to the \nEmpowered Standing Committee. \n \n (2) The Empowered Standing Committee may, by order \nin writing delegate, subject to such conditions as may be specified in the order, \nany of its powers or functions to the Chief Councillor or to the Chief Municipal \nExecutive Officer/ Municipal Executive Officer. \n \n(3) Subject to such standing orders as may be made by the Empowered \nStanding Committee in this behalf,- \na. the Chief Councillor may, by order, delegate, subject to such conditions \nas maybe specified in the order, any of his powers or functions to the \nDeputy Chief Councillor or the Chief Municipal Executive Officer \nMunicipal Executive Officer. \nb. the Chief Municipal Executive Office Municipal Executive Officer, may. by \norder subject to such conditions as may be specifi c in the order, any of \nhis powers or function excluding t he powers or functions under \nsubsection (2) of section 354 or section 365 to any office r or other \nemployee of the Municipality; and \nc. any officer of the Municipality, oth er than t he Chief Municipal Executive \nOfficer / Municipal; Executive Officer, may, by order, delegate, sub ject to \nsuch conditions as may be specified the order, any of his po wers or \nfunctions any other officer subordinate to him' \n \n (4) Notwithstanding anything contained in this section, the E mpowered \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDeputy Chief \nCouncillor. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTerm of office of \nChief Councillor and \nmembers of \nEmpowered \nStanding \nCommittee. \n \nDelegation of \npowers and \nfunctions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nStanding Committee, the Councillor, the Mun icipal Officer, or the other of ficer \nreferred to in clause (c) of sub-section (3) shall not delegate- \na. any of its or his powers or functions delegate to it or him under this \nsection, or \nb. such of its or his powers or functions as may be specified by regulations.", "footnote": "", "is_definition": false, "sort_order": 260 }, { "number": "29", "title": "Section 29. (1) The office of the Chief Councillor in the Municipality' shall be reserved for", "chapter": null, "content": "Scheduled Tribes, and women to such extent, and in su ch manner, as may be \nprescribed Wards Committee.", "footnote": "", "is_definition": false, "sort_order": 270 }, { "number": "30", "title": "Section 30. (1) Every Municipal Council, at its first meeting afte r the election of", "chapter": null, "content": "Councillors thereto or as soon as may be thereafter, group the wards of the \nCouncil in such manner that each group consists of no l ess than three \ncontiguous wards, and constitute wards committee for each such group. \n \n (2) Each wards committee shall consist of the councillors elected from the \nwards constituting the groups. \n \n (3) A councillor of the wards committee representing constituent ward shall \nhold office till he ceases til l he ceases to be the councillor representing such \nward. \n \n(4) The council lors of each w ards committee shall elect from amon gst \nthemselves one councillor, w ho shall not be a m ember of tire empowered \nstanding committee, to be its Chair Person. \n \n (5) The Chairperson of a wards committee may, at any time, resign his office \nby giving notice in w riting to the Chairman and the resigna tion shall take effect \nfrom the date of acceptance by the Chairman. \n \n(6) A wards committee shall, subject to the general supervision and control of \nthe Empow ered Standing Committee, discharge, w ithin the local limits of the \ngroup of w ards, the functions of the Municipalit y relating to the provision of \nsupply-pipes and drainage and sew erage connections to premises, removal of \naccumulated water on the streets or public places due to rain or otherwise, \ncollection and removal of solid wastes, disinfection, prov ision of health \nimmunization services and slum services, provision of lighting, repair of category \nIV and category V roads, maintenance of parks, drains and gullies, issue of \nlicense under sub -section (1) of section 369, and such other functions as the \nMunicipality may, from time to time, determine by regulations. \n \n(7) The Empowered Standing Committee shall assign to a wards committee \nsuch number of officers and other employees as it deems fit and shall designate \none of such officers as the wards officer of such wards committee- \n \n (8) The manner of transaction of business of the wards committee shall be \nsuch as may be determined by regulations. \n \n (9) Subject to such conditions, if any, as may be specified by regulations, a \nwards committee may condu ct public hearing on an y major issue of public \ninterest.", "footnote": "", "is_definition": false, "sort_order": 280 }, { "number": "31", "title": "Section 31. (1) Each ward of a Municipality shall have a ward committee.", "chapter": null, "content": "(2) The Councillor elected from a ward shall be the chairperson of the ward \ncommittee for that ward. \n \n (3) The ward committee may include nor more than ten persons representing \nthe civil society from the ward, nominated by the Municipality. \n \n provided that if the population of the ward is not more than ten thousand, \nthe number of other members shall be four, and, the reafter, there shall be one \nadditional member for every four thousand population or part thereof. \n \n Provided further that in reckoning the number of additional members of the \nward committee exceeding four, any part of less than two thousand population \nmay be ignored. \n \n \n \n \n \n \nReservation of \nOffice of Chief \nCouncillor. \n \nWards Committee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nWard Committee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n Explanation: For the up{poses of this sec tion, \"civil society\" shall m ean any \nnon-government organization or association or person, established, constituted \nor registered under any law for the time being in force and working for so cial \nwelfare, and shall include any -community-based organization, professional \ninstitution and civic, heath, educational, social or choral body, and such other \nassociation or body as the Municipality \nmay decide. \n \n (4) The ward committee shall perfor m such functions. and in such manner, \nas may be specified by regulations. \n \nNote: The provision of the section - 30 & 31 shall be subject to approval of the \nState Government.", "footnote": "", "is_definition": false, "sort_order": 290 }, { "number": "32", "title": "Section 32. (l) A Class 'A ’ Municipal council may, from time to time, constitute Subject", "chapter": null, "content": "Committees consisting of Councillors to deal with the following matters, namely:- \na. water- supply, drainage and sewerage, and solid waste management; \nb. urban environment management and land use control: and \nc. Slum services. \n \n (2) The members of the Empowered Standing Committee and Chairperson, \nMunicipal council, as Nagar Pa nchayat as the case may be, shall not be \nmembers of any subject Committee. \n \n (3) Each subject Committee shall consist of – \na. five members in the case of a subject Committee of a Cl ass 'A ’ \nMunicipal Council. \nb. 3 members in case of Nagar Panchayat. \n \n (4) The manner of the constitution and the transaction of business of a \nsubject Committee shall be such as may be specified by regulations, \n \n (5) The term of a Subject Committee shal1 be not less than two years, \n \n (6) The Chairperson of a Subject Committee shall be elected by its members \nfrom amongst themselves in the manner specified by regulations: \n \n Provided that a member shall not be eligible for election as Chairperson for \nmore than two terms. \n \n (7) Each Subject Committee shall exercise such powers, and perform such \nfunctions, as may be specified by regulations. \n \n (8) The recommendations of a Subject Committee shall be submitted to the \nEmpowered Standing Committee for its consideration.", "footnote": "", "is_definition": false, "sort_order": 300 }, { "number": "33", "title": "Section 33. (1) The Empowered Standing Committee may, from time to time, appoint an", "chapter": null, "content": "Ad hoc Committee to perform such functions, or conduct such enquiries, or \nundertake such studies including reports thereon, as may be specified by a \nresolution in this behalf. \n \n (2) Any person, who is not a Councillor but possesses special qualifications \nuseful for the purpose of an Ad hoc Committee, may be associated therewith as \nits member. \n \n (3) The manner of transaction of business in an Ad hoc Committee shall be \nsuch as may be laid down by the Empowered Standing Committee.", "footnote": "", "is_definition": false, "sort_order": 310 }, { "number": "34", "title": "Section 34. ( 1) The State government may if it considers it necessary so to do,", "chapter": null, "content": "constitute a Joint committee for mor e, than one Municipality, or fo r one or m ore \nMunicipalities with other local authority or local authorities, for any purpose in in \nwhich they are jointly interested or for delegating to it any power or function \nwhich calls for joint action. \n \n (2) The Joint Committee shall consist of the following \nmembers:- \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSubject Committee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAd hoc Committee. \n \n \n \n \n \n \n \n \n \n \n \nJoint Committee. \n \n \n \n \n \n \n \n\ni. two elected members of each constituent Municipality or local authority, \nii. one nominee of each of the concerne d departments of the state \nGovernment or of th e concerned statutory authorities under th e State \ngovernment, \niii. such expert or experts as the State government may nominate, and \niv. The Director of Local Bodies o r high representative who shall act as the \nconvene of the Joint Committee. \n \n (3) The procedure of transaction of business by a Join t committee shall be \nsuch as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "35", "title": "Section 35. (1 ) The f irst meeting of a Municipality after the general election of", "chapter": null, "content": "Councillors to the Municipality shall be convened within thirty days from the date \nof publication of the names of elected Councillors i n the Official gazette under \nthe provisions of any law relating to municipal elections in the State. \n \n (2) seven days' notice sha1l be given for the meeting; \n \n (3) In the case of a Municipal Council or a Naga r Panchayat, the meeting \nshall be convened by th e District Magistrate or any other Executive Magistrate \nauthorized by the District Magistrate in this behalf. \n \n \nChapter – V \nOrganization Structure of Municipality \nA. Statutory Officers of Municipality", "footnote": "", "is_definition": false, "sort_order": 330 }, { "number": "36", "title": "Section 36. (1) Subject to the provisions of section-41, and having regard to the need for", "chapter": null, "content": "ensuring m aximum possi ble economy in Municipal administration the \nMunicipality may, besides appointing a Municipal Executive Officer in the case \nof a Municipal Council or a Nagar Panchayat, appoint officers to deal with all or \nany of the functions relating to finance, engineering, health, secretariat, law and \ninternal audit, as the Empowered Standing Committee may, from time to time, \ndetermine. \n \nNote: \n \nIn order to e nsure minimum financial involvement recruiting Municipal Of ficer \ninitially, the under mentioned Officers/officials shall be entrusted /deputed w ith \nthe functions as under namely:- \n \ni. *[The Deputy Commissioner, Capital Complex shall function as Chief \nMunicipal Executive officer of Municipal in Capital Region and in Districts \nthe Deputy Commissioners or his representative of respective town s \nwhere municipality is constituted shall be the l Executive officer of that \nMunicipality.] \n \n*[substituted by 2010 Amd Act.S.2 wef 05/08/2010] \nii. The relevant technical manpower such as Architects, Civil engineers and \nTown planners and non -technical manpower from the Department of \nUrban development & Housing and Town Planning shall be posted to the \nMunicipalities on deputation basis, till the Municipalities generates \nenough resources to create and sustain its own establishment and \nmanpower. \n \n (2) Appointments of officers mentioned in sub -section (1) may be made \neither on a regular basis or on a contract basis for such term as the Empowered \nStanding Committee may consider necessary. \n \n (3) At the requests of the Empowered Standing Committees of more than \none Municipality , the state Government may, b y order, provide for sharing of \nservices of officers referred to in sub -section (1) by such Municipalities, and on \nsuch terms and \nConditions, as may be specified in the order. \n \n (4) Subject to the provisions of sub -section (2), appointments of officers \n \n \n \n \n \n \n \n \n \n \n \nFirst meeting of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOfficers of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nreferred to in sub-section (1) for different posts as may be specified by \nregulations shall be made- \na. by the State Government in consultation with Chief Municipal Executive \nOfficer with the Empowered Standing Committee and Chief Municipal \nExecutive Officer Municipal Executive Officer by notification from \namongst the persons who are or have been in the Service of that \nGovernment, or \nb. by the Empowered Standing Committee with the prior approval of the \nState Government and in consultation with the Stat e Public Service \nCommission: \n \n Provided that the appointments to the posts as aforesaid shall be \non such terms and conditions, and for such period not exceeding five \nyears in the first instance, as the State Government may determine: \n \n Provided further that the State Government may, in consultation \nwith the Empowered Standing Committee, extend the period of \nappointment of posts as aforesaid from time to time, so; however the total \nperiod of extension shall not exceed five years. \n \n (5) Until cadres of common municipal services for the State are const ituted \nunder sub-section (1) of Section 43, the Empowered Standing Committee may \ndetermine which of the po sts of officers referred to in sub -section (1) of this \nsection are necessary for a Municipal Council or a Nagar Panchayat, and, with \nthe prior approval of the State Government, create \nposts or, and app oint, such officers and fix the salaries and allowances to be \npaid to such officers. \n \n (6) The method of, an d the qualifications requir ed fo r, recruitment, and the \nterms and conditions of service including con duct, discipline and control of \nOfficers appo inted by the Empowered Standing Committee shal l be such as \nmay be prescribed. \n \n (7) Notwithstanding anything contained in the foregoing provis ions of this \nsection, the State Government may, at any time, in the case of any person \nappointed to any post referred to in subsection (1), terminate his appointment: \n \n Provided that if, in the case of any such officer, the Empowered Standing \nCommittee so decides, the State Government shall terminate the appointment of \nsuch officer. \n \n (8) Notwithstanding anything contained in subsection (2) or sub -section (3), \nprior approval of the State Government shall be necessary in the case of \nappointment of a person not recommended by the State Public Service \nCommission. \n \n (9) No person above the age of sixty years shall be appointed to any post \nin a municipality. \n \nB. Municipal Establishment and Schedule of Posts.", "footnote": "", "is_definition": false, "sort_order": 340 }, { "number": "37", "title": "Section 37. (1) The posts of offi cers and other employees of the Municipality, other than", "chapter": null, "content": "those referred to in subsection (1) of section 36 shall constitute the municipal \nestablishment. \n \n (2) The Municipality shall, by regulation, classify the posts of officers a nd \nother employees co nstituting the establishmen t of the Municipality into four \ncategories, namely, category 'A' post, category 'B' post, category 'C' post, and \ncategory 'D' post, on the basis of the scale of pay of such posts. \n \n (3) The Municipality si:,rl p1sp31s, and m aintain, a Schedule of posts of \nofficers and other employees constitu ting the est ablishment of the Municipality, \nto be called Establishment -Schedule, and such Establishment Schedule shall \ninclude the designation, and the number of posts under each designation, and \nshall be in three parts of which part I shall include category 'A' posts, Part II shall \ninclude category 'B' Po sts, and Part III shall include category 'C' posts and \ncategory 'D' posts. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nEstablishment of \nMunicipal and \nSchedule of posts. \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n (4) Every year the Chief Municipal Executive Officer/M unicipal Executive \nOfficer shall place before the Empowered Standing Committee for its \nconsideration th e Establishment Schedule along with the proposals for such \nchanges therein as he may consider necessary: \n \n Provided that no upward revision of the sizes of the establishment of tire \nMunicipality shall be made without the prior sanction of the State Government. \n \n (5) The Empowered Standing Committee shall, after consideration of t he \nEstablishment Schedule along with the proposals, if any, for ch anges therein, \nplace the same along wit h its recommendations, if any, before the Municip ality \nfor approval prior to the presentation of the budget estimates to the Municipality \nby the Chief Councillor. \n \n (6) The Chief Municipal Executive Officer/ Muni cipal Executive Officer shall \nrevise the Establishment Schedule as approved by the Municipality. \n \n (7) The Empowered Standing Committee may sanction any category 'C' \npost or category 'D' post for a period not exceeding six months: \n \n Provided that no such post shall be sanctioned unless there is a provis ion \nin this behalf in the budget estimates of the Municipality. \n \n (8) Subject to such norms regulating to the size of a municipal establishment \nas may be fixed by the State Government from time to time, no post of an officer \nor other employe es of the Municipality shall be created by the Municipality \nwithout the prior sanction of the Sta te Government, if the number of posts to be \nso created in a year for a M unicipality is more than one per cen t of the total \nnumber of sanctioned posts of officers and other employees in existence in the \nyear immediately preceding. \n \n Provided that the number of posts as may be admissible for creat ion in a \nyear without the prior sanction of the State Govern ment after the \ncommencement of this Act, if not created in that year, may be carried forward to \nthe next year. subject \nto a maximum of ten. \n \n(9) The recruitment to the posts of officers and other employees of the \nMunicipality not required to be made throug h the Municipal Service Commission \nShall be made through the local employment exchange or through such other \nmethod as the State Government may determine from time to time. \n \n (10) Notwithstanding anything contained in the foregoing provisions of this \nsection or elsewhere in this Act, the Empowered Standing Committee may \ndecide to engage on contract basis, officers and other employees of the \nMunicipality against such posts of officers and other employees referred to in \nsub-section (1) of section 37.", "footnote": "", "is_definition": false, "sort_order": 350 }, { "number": "38", "title": "Section 38. Subject to the other provisions of this Act, the appointing authority in respect", "chapter": null, "content": "of the posts of officers and other employees constituting the establishment of \nthe Municipality shall be,- \na) the Chief Municipal Executive Officer in Municipality of Capital R egion \nand Municipal Executive Officers in other Municipalities. \n \nProvided that-", "footnote": "", "is_definition": false, "sort_order": 360 }, { "number": "1", "title": "Section 1. Except Group - 'C' and 'D' Posts, no other posts shall be recruited directly", "chapter": null, "content": "within first Five years of commencing of Municipality.", "footnote": "", "is_definition": false, "sort_order": 370 }, { "number": "2", "title": "Section 2. Except Group -'C' 'D' & 'B' Posts, no Group -'A' posts shall be recruited", "chapter": null, "content": "directly within first ten years of commencing of Municipality. \n Explanations: in the initial years of introduction of Municipality, \nrecruitment of all the posts directly will create huge financial involvement \nto the state exchequer. Therefore, in order to minimize the financial \ninvolvement and to ensure experienced hand in the administration of \nMunicipality, the officers and staff of relevant department such as Deptt. \nof UD & Housing, Town Planning, Health Department, Law Department \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAppointing \nAuthorities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\netc. shall be utilized, till such time the Municipalities generates enough \nresources to sustain its own establishment.", "footnote": "", "is_definition": false, "sort_order": 380 }, { "number": "39", "title": "Section 39. (1) All officers and other employees of a Municipality including the officers", "chapter": null, "content": "referred to in section -36 shall receive sa laries and allowances out of the \nMunicipal Fund: \n \n Provided that the State Government may make such contribution toward \nthe salaries and allowances as aforesaid as it may, from time to time, determine. \n \n (2) The Municipality may also provide for pension gratuity, provident fund, \nincentive, bonus, reward or penalty for its officers and other employees in \naccordance with such rules, norms, scales and conditions as may be \nprescribed.", "footnote": "", "is_definition": false, "sort_order": 390 }, { "number": "40", "title": "Section 40. All officers and other employees of the Municipality shal l be subject to such", "chapter": null, "content": "conditions of service including leave and other benefits or obligations, not \nspecifically provided for in this Act as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 400 }, { "number": "41", "title": "Section 41. Notwithstanding anything contained elsewhere in the Act, the State", "chapter": null, "content": "Government may appoint off icers from Department of Urban development and \nHousing, Department of Health Services and Directorate of Accounts, Govt. of \nArunachal Pradesh, possessing such qualifications as may be determined by it \nfor a Municipal Council or class of Municipal Councils or a Nagar Panchayat as \nMunicipal Executive Officer, Municipal Finance Officer, Municipal Architect / \nEngineer/ Town Planner or Municipal Health Officer referred to in sub section (1) \nof section -36 or with such designation a the State Government may consi der \nnecessary and in such manner, and on such terms and conditions of service, as \nmay be determined by the State Government in this behalf. The expenditure on \naccount of salaries an allowances of any such officer shall be borne by the State \nGovernment: \n \n Provided that the officer so appointed shall be under the administrative \ncontrol of the Empowered Standing Committee and matters to that effect may \npassed by the Councillors at a meeting called for the purpose by a majority of \nthe total number of Councillors holding office for the time being. \n \nC. Municipal Establishment Audit Commission", "footnote": "", "is_definition": false, "sort_order": 410 }, { "number": "42", "title": "Section 42. For the purpose of review of the existing establishment of the Municipalities", "chapter": null, "content": "in the State, and for fixing norms and standards of manpower for different tasks \nperformed at various levels of Municipalities, and for performance of similar \nother functions, the State Government may constitute a Municipal Establishment \nAudit Commission in such manner and consisting of a chairperson and such \nother members, and on such terms and conditions, as may be prescribed. \n \nD. Municipal Services Cadres", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "43", "title": "Section 43. (1) The State Government may constitute cadres of common municipal", "chapter": null, "content": "services for the State in respect of such officers of the Municipality referred to in \nsub-section (i) of section -36 as may be determined by the Government from \ntime to time. \n \n (2) The Director of Local Bodies shall be the appointing authority of all \nofficers borne in the cadres of common municipal services and shall be the \nauthority to transfer such officers from one Municipality to another. \n \nE. Municipal Service Commission", "footnote": "", "is_definition": false, "sort_order": 430 }, { "number": "44", "title": "Section 44. Every Municipality may, and, if so directed by the State Government, shall,", "chapter": null, "content": "for the purpose of selection of its officers and other employees, constitute a \nMunicipal service Commission in such manner, and consisting of a Chairperson \nand such other members, and on such terms and conditions, as may be \nprescribed.", "footnote": "", "is_definition": false, "sort_order": 440 }, { "number": "45", "title": "Section 45. The State Government may, for selection of such officers and other", "chapter": null, "content": "employees of a Municipality as maybe prescribed, constitute- \n \n \n \nSalaries and \nAllowances of \nofficers and other \nemployees. \n \n \n \n \n \n \n \n \nLeave and other \nConditions of \nservice. \n \n \nAppointment of \nOfficers of State \nGovernment for \nMunicipalities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal \nEstablishment Audit \nCommission. \n \n \n \n \n \n \nCadres of Common \nMunicipal Services, \nAppointments, etc. \n \n \n \n \n \n \n \n \nMunicipal Service \nCommission for \nMunicipality. \n \n \n \n \nState Municipal \n\na. a State Municipal Service Commission, and in such manner, consisting \nof a Chairperson and such other members, and on such terms and \nconditions, as may be Prescribed. \n \nE. State Municipal Vigilance Authority", "footnote": "", "is_definition": false, "sort_order": 450 }, { "number": "46", "title": "Section 46. (1) The State Government may, by not ification, appoint a State Municipal", "chapter": null, "content": "Vigilance Authority in such manner, consisting of a Chairperson and such other \nmembers, and on such terms and conditions, as maybe prescribed, for inquiring \ninto any complaint of corruption, misconduct' lack of integrity or any other kind of \nmalpractice or misdemeanour on the part of any officer or other employee of a \nmunicipality and for making recommendation to the Empowered Standing \nCommittee. \n \n \n(2) No Councillor and no officer or other employee of any Municipality shall be \nthe State Municipal Vigilance Authority. \n \nChapter-VI \nFunctional Domain of Municipalities", "footnote": "", "is_definition": false, "sort_order": 460 }, { "number": "47", "title": "Section 47. Every Municipality shall-", "chapter": null, "content": "(1) (a) provide on its own or arrange to provide through any agency the following \ncore municipal services:- \ni. water-supply for domestic, industrial, and commercial purposes, \nii. drainage and sewerage, \niii. solid waste management, \niv. preparation of plans for economic development and social justice, \nv. communication systems including construction and maintenance of roads, \nfootpaths, pedestrian pathways, transportation terminals, both for \npassengers and goods, bridges, over bridges, subways, ferries, and inland \nwater transport system, \nvi. transport system accessories including traffic engineering schemes, street \nlighting, parking areas, and bus stops, \nvii. community health and protection of environment including planting and \ncaring of trees on road sides and elsewhere, \nviii. markets and slaughterhouses, \nix. promotion of educational, sports and cultural activities, and \nx. aesthetic environment, and \n \n(b) Perform such oth er statutory or regulatory functions as may be provided by \nor under this Act or under any other law for the time being in force. \n \n(2) The Municipality may, having, regard to its managerial, technical, financial \nand organizational capacity, and the actual conditions obtaining in the municipal \narea, decide not to take up or postpone, the performance of, any of the functions \nas aforesaid. \n \n (3) The State Government may direct a Municipality to perform any of the \nfunctions as aforesaid, if such function is not taken up, or is postponed, by the \nMunicipality. \n(4) The Municipality may plan, build, operate, maintain or manage the \ninfrastructure required for the discharge of any of the functions, as aforesaid \neither by itself or by any agency under any concession agreement referred to in \nsection 167.", "footnote": "", "is_definition": false, "sort_order": 470 }, { "number": "48", "title": "Section 48. The Municipality may, subject to the underwriting of the costs by, and", "chapter": null, "content": "approval of, the Central Government or the State Government, as the case may \nbe, undertake any function belonging to the functional domain and such \nfunctions may include primary education curative health, transport, and supply \nof energy, arrangements for fire prevention and fire safety, and urban poverty \nalleviation.", "footnote": "", "is_definition": false, "sort_order": 480 }, { "number": "49", "title": "Section 49. The Municipality may, having regard to the satisfactory performance of it s", "chapter": null, "content": "core functions which shall constitute the first charge on the Municipal Fund, and \nsubject to its managerial, technical and financial capabilities undertake or \nService \nCommission. \n \n \n \n \nState Municipal \nVigilance Authority. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCore \nMunicipal \nFunctions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions \nAssigned by \nGovernment \n \n \n \n \nOther functions. \n \n \n\nperform, or promote the performance of ‘any of the following functions:- \n \n(1) in the sphere of town planning, urban development and development of \ncommercial infrastructure'- \na. Planned development of new areas for human settlement, \nb. measures for beautification of the municipal area by setting up parks and \nfountains ‘providing recreational areas, impr oving riverbanks, and \nlandscaping, \nc. collection of statistics and data, significant to the community, and \nd. integration of the development plans and schemes of the municipal area \nwith the district or regional development plan, if any' \n \n(2) in the sphere of protection of environment,- \na. reclamation of waste lands, promotion of social forestry and \nmaintenance of open spaces. \nb. establishment and maintenance of nurseries for plants, vegetables and \ntrees and promotion of greenery through mass participation, \nc. organization of flower -shows and promotion of flower-growing as a civic \nculture, and \nd. promotion of measures for abatement of all forms of pollution; \n \n(3) in the sphere of public health and sanitation,- \na. mass inoculation campaigns for eradication of in factious diseases, \nb. construction and maintenance of municipal markets and slaughterhouses \nand regulation of all markets and slaughterhouses, \nc. reclamation of unhealthy localities, removal obnoxious vegetation and \nabatement of all nuisances, \nd. maintenance of all public ta nks and regulating the re-excavation, repair \nand up-keep of all private tanks, wells and other sources of wa ter- supply \non such terms and conditions as the Municipality may deem proper, \ne. construction and maintenance of cattle pounds, \nf. provision for unfiltered water-supply for non-domestic uses, \ng. advancement of civic consciousness of public health and general welfare \nby organizing discourses, seminars and conferences, and \nh. measures for eradication of addiction of all kinds including addiction to \ndrugs and liquor; \n \n(4) in the sphere of education and culture,- \na. promotion of civic education, adult education, social education and non -\nformal education, \nb. promotion of cultural activities including music, physical education, \nsports and theatres and infrastructure there for, \nc. advancement of science and technology in urban life, \nd. publication of municipal journals, periodicals and souvenirs, purchase of \nbooks and subscription to journals, magazines and newspapers, \ne. installation of statues, portraits and pictures in appropriate manner, \nf. organization, establishment and maintenance of art galleries and \nbotanical or zoological collections ,and \ng. maintenance of monuments and places of historical , artistic and other \nimportance; \n \n(5) in the sphere of public welfare,- \na. establishment and maintenance of shelters, in times of drought, flood, \nearthquake, or other natural or technological disasters, and relief works, \nfor, destitute persons within the limits of the municipal area, \nb. construction or maintenance of, or provision of aids to , hospitals, \ndispensaries, asylums, rescue homes, maternity houses, and child \nwelfare centres, \nc. provision of shelter for the homeless, \nd. implementation programmes for liberation and rehabilitation of \nscavengers and their families, \ne. organization of voluntary labour and coordination of activities of voluntary \nagencies for community welfare, and \nf. campaigns for dissemination of such information as is vital for public \nwelfare; and \n \n(6) in the sphere of community relations,- \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\na. civic receptions to persons of distinction and paying homage on death to \npersons of repute, \nb. organization and management of fairs and exhibitions\" and \nc. Dissemination of information of public interest. \n \n \nChapter-VII \nConduct of Business \n \n \nA. transaction of Business of Municipality", "footnote": "", "is_definition": false, "sort_order": 490 }, { "number": "50", "title": "Section 50. (1) The Munici pality shall meet not less than one every month of the", "chapter": null, "content": "transaction of its business \n \n(2) The Chie f Councillor may, whenever he thinks and shall, upon a requisition \nin writing by not more than one- fifth of the Councillor, convene a meeting of the \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 500 }, { "number": "51", "title": "Section 51. A list of business t o be transacted at every meeting the Municipality, except", "chapter": null, "content": "at an adjourned meeting, s hall be sent to the registered address of each \ncouncillor least seventy -two hours before the time fixed fo r sheeting, and no \nbusiness shall be brought before transacted at, any meeting other than the \nbusiness which notice has been so given: \n \nProvided that any emergent business may brought before, and transacted in, \nthe meeting with permission of the Chief Councillor: \n \nProvided further that any Co uncillor may se e or deliver to the Municipal \nSecretary notice of are solution so as to reach him a t l east forty -eight ho ur \nbefore the time fi xed for the meeting, and the Munici pal Secretary shall, with all \npossible dispatch, take steps circulate such reso lution to every Councillor in \nsuch manner as he may think fit: \nProvided also that no business, which has relevance to the business of the \nMunicipality, shall brought before the Municipality. \n \nExplanation: - For the purposes of this section\" registered address\" shall be the \naddress for the being entered in the register of addresses of Council, to be \nmaintained by the Municipal Secretary.", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "52", "title": "Section 52. (1) The quorum necessary for the transaction business at a meeting of the", "chapter": null, "content": "Municipality shall one-fifth of the total number of Councillors. \n \n(2) If at any during a meeting of the Municipality t here is no quorum, it shall be \nthe duty of the per presiding over such meeting either to adjourn meeting or to \nsuspend the meeting until there is quorum. \n \n(3) Where a meeting has bee n adjourned under sub -section (2), the business \nwhich would have been brought before such meeting shall be brought before' \nand maybe transacted at, the adjourned meeting. \n \n(4) All matters required to be decided at a meeting of the Municipality shall, save \nas otherwise provided in this Act, be determined by a majority of votes of the \nCouncillors present and voting. \n \n(5) The voting shall be by show of hands, provided that the Municipality may, \nsubject to such regulations as may be made by it, resolve that any question, or \nclass of questions, shall be decided by secret ballot. \n \n(6) At any meeting of the Municipality, where a poll is taken on a resolution \nbefore it, the votes of all the Councillors present, the presiding officer of such \nmeeting, shall declare su ch resolution to have been carried or lost, as the case \nmay be, in accordance with the result of such Poll. \n \n(7) At any meeting of the Municipality, unless a poll is demanded by at least \none-tenth of the councillors present , a declaration by the presiding officer of \n \n \n \n \n \n \n \n \n \n \n \n \n \nMeetings. \n \n \n \n \n \n \n \nNotice of Meeting \nand List of business. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nQuorum for \nTransaction of \nBusiness at a \nMeeting of \nMunicipality and \nmethods of deciding \nquestions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nsuch meeting that a resolution has been carried or lost in such meeting, and an \nentry to that effect in the minutes of the proceeding of such meeting shall, for the \npurposes of this Act, be conclusive evidence of the fact that such resolution has \nbeen carried or lost, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 520 }, { "number": "53", "title": "Section 53. (1) The Chief Councillor shall preside at every meeting of the Municipality:", "chapter": null, "content": "Provided that when a meeting is held to consider a motion for the removal of the \nChief Councillor, the Chief Councillor shall not preside at such meeting. \n \n(2) The Chief Councillor, or the person presiding over a meeting of the \nMunicipality, sha ll also Lave' and may exercise , a casting vote in a ll cases of \nequality of votes.", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "54", "title": "Section 54. (1 ) The presiding officer of a meeting of the Municipality shall presence", "chapter": null, "content": "order thereat and shall have all the powers necessary for the purpose of \npreserving such order. \n \n(2) The presiding officer of a meeting may direct are Councillor, whose conduct \nis, in his opinion grossly disorderly, to withdraw immedia tely from the meeting, \nand every councillor so directed sha ll do so forthwith and shall absent himself \nduring the remainder of the meeting. \n \n(3) If any councillor is ordered to withdra w for a seco nd time, th e presiding \nofficer may warn such Councillor of t he action that may be taken a nd this sub-\nsection and may thereafter if necessary suspend s uch Councillor from attending \nthe meetings of the Municipality for any period ,exceeding sixty days, and the \nCouncillor suspended shall absent himself accordingly: \n \nProvided that the Chief Councillor may at any time decide that such suspension \nbe terminated: \n \nProvided further that a Councillor shall not so long as he is debarred from \nattending a meeting of the Municipality attend any meeting of any committee of \nMunicipality. \n \n(4) In the case of grave disorder arising in a meeting the presiding officer may, if \nhe thinks necessary to do, adjourn the meeting to a date specified by him.", "footnote": "", "is_definition": false, "sort_order": 540 }, { "number": "55", "title": "Section 55. (1) If a Councillor has any pecuniary interest, direct indirect, in any contract", "chapter": null, "content": "or proposed contract w ith or without employment under, or other matter, \nconcerning the Municipality and is present at a su ch contract or of a committee \nthereof at wh ere consideration, he shall, as soon as practicable a t the contract \nor employment or other ma tter, a, shall not take part in the consideration or \ndiscuss. of , or vote on, any question with respect to su ch contract or \nemployment or other matter: \n \nProvided that the provisio ns of this section shall not apply to a Councillor has \ninterest as tax-payer or inhabitant of the municipal area or consumer of water or \nhaving an interest any matter relating to any civic service to the public. \n \n(2) For the purposes of this section, a Councillor shall be deemed to have an \nindirect pecuniary interesting a contract or employment or other matter if he or \nhis nominee is a member of any company or other body with which the contract \nis made or is propose d to be made or which has a direct pecuniary interest in \nthe employment or other m atter under considerat ion, or if he i s a partner in a \nfirm with which , or is in employment under a person with whom, the contract is \nmade or is proposed to be made, or if such firm or person has a direct pecuniary \ninterest in the employment or other matter under consideration: \n \nProvided that: \ni. the provisions of this sub -section shall not apply to a councillor who is a \nmember of or is in employment under, any public institution or \norganization under any law for the time being in force, and \nii. a Councillor shall not, by reason of his membership of a company or \nother body' be treated as having any pecuniary interest in such company \nor other body if he has no beneficial interest in any share or stock of such \n \n \n \n \nPresiding Officer of a \nmeeting of \nMunicipality. \n \n \n \n \n \n \n \nMaintenance of \norder at a meeting of \nMunicipality and \nwithdrawal and \nsuspension of \nCouncillors. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCouncillor having \nPecuniary Interest in \nany contract etc. \nwith Municipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\ncompany or other body. \n \n(3) In the case of a Coun cillor who is married and lives with his spou se, the \ninterest of one shall be deemed, for the purp oses of this section' to be the \ninterest of the other. \n \nExplanation -For the purposes of this section and section -56, “company\" sha1l \nmean anybody corporate, an d shall include a firm or other associatio n of \nindividuals.", "footnote": "", "is_definition": false, "sort_order": 550 }, { "number": "56", "title": "Section 56. (1) A Councillor may give to the Municipal secreta ry notice to the effect that", "chapter": null, "content": "he or his s pouse is a member of a company or is a partner in a firm or is in t he \nemployment under a person, and if any contract made or is proposed to be \nmade or firm or person, such notice shall, unless and unit is withdrawn, be \ndeemed to be a sufficie nt disclosure of his interest in such contract ,proposed \ncontract which may be the subject consideration at a meeting of the Municipality \naft the date of the notice. \n \n(2) The Municipal Secretary shall record in a book, be kept for the purpose, \nparticulars of are disclosure made under sub section (l) of section 55 and of any \nnotice given under sub section of this section, and the book shall be open at a \nreasonable hours for the inspection of an Councillor.", "footnote": "", "is_definition": false, "sort_order": 560 }, { "number": "57", "title": "Section 57. (1) Every meeting of the Municipality shall be open to the public, unless a", "chapter": null, "content": "majority of the Councillor present at the meeting decides by a resolution, whic h \nshall be put by the presiding officer either on his own motion or at the request of \nany such Councillor that any enquiry or deliberation pending before th e \nMunicipality shall be held in private. \n \n(2) The Municipalit y may make regulations providing for the admission of \nstrangers to its meeting and, for the removal by force, if necessary, of an. \nstranger for interrupting or disturbing the proceedings of the meeting.", "footnote": "", "is_definition": false, "sort_order": 570 }, { "number": "58", "title": "Section 58. The Chi ef Municipal Executive Officer/ Municipal, Executive Officer, or any", "chapter": null, "content": "other officer of the Municipality authorized by him in writin g in this behalf may \nattend any meeting of the Municipality or of its committees.", "footnote": "", "is_definition": false, "sort_order": 580 }, { "number": "59", "title": "Section 59. A Councillor may, subject to provisions of subsection(2), ask the", "chapter": null, "content": "Empowered Standing Committee questions on any matter rel ating to the \nadministration of the Munic ipality or municipal governance , and all such \nquestions shall be answered to the Empowered standing Committee and shall \nbe answered either by the Chief Councillor or by any other member of the \nEmpowered Standing Committee. \n \n(2) The right to ask a question shal1 be govern ed byte following conditions, \nnamely: - \na. not less than seven working days' notice' in writing, specifying the \nquestion shall be given to the Municipal Secretary; \nb. no question shall- \ni. bring in any name or statement not strictly necessary to make the \nquestion intelligible, \nii. contain arguments, ironical expressions imputations , epithets or \ndefamatory statements, \niii. ask for an expression of opinion or the solution of a hypothetical \nproposition, \niv. ask as to the character or conduct of any person except i n his \nofficial or public capacity, \nv. relate to a matter which is not primarily the concern of the \nMunicipality, \nvi. make or imply a charge of a Personal character, \n \n \n \n \n \n \n \n \n \n \nDisclosure of \nPecuniary \nInterest. \n \n \n \n \n \n \n \n \n \n \nMeeting to be \nordinarily open to \npublic. \n \n \n \n \n \n \n \nRight of the \nChief Municipal \nExecutive Officer \nand Municipal \nExecutive \nOfficer and \nother officers to \nattend meeting \nof Municipality \nand committees \netc. \n \nRight of Councillor to \nask questions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nvii. raise questions of policy too large to be dealt with within the limits \nof an answer to a question, \nviii. repeat i n substance questions already answere d or to which an \nanswer has been refused, \nix. ask for information on trivial matters, \nx. ask for information on matters of past history, \nxi. ask for information set forth in accessible documents or in \nordinary works or reference, \nxii. raise matters under the control of bodies or persons not primarily \nresponsible to the Municipality, or \nxiii. ask for any information on any matte r which is under adjudication \nby a court of law. \n \n(3) The presiding offic er shall disallow any questio n, which is, in his o pinion, in \ncontravention of the provisions of sub-section (2). \n \n(4) If any doubt arises wh ether any question is or is not in contravention o f the \nprovisions of subsection (2), the matter shall be decided by the presiding officer, \nwhose decision shall be final. \n \n(5) The Chief Councillor or any member of the Empowered Standing Committee \nshall not be bound to an swer a question see king information which has been \ncommunicated to him or to the Empowered Stand ing Committee in confi dence \nor if, in his opinion, it cannot be answered without prejudice to the public \ninterest. \n \n(6) Unless otherwise directed by the presiding officer of the meeting e very \nquestion shall be answered at a meeting of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 590 }, { "number": "60", "title": "Section 60. (1 ) Any Councillor may give noti ce of raising discus sion on a matter of", "chapter": null, "content": "urgent public importance to the Municipal secretary, stating clearly the matter to \nbe raised. \n \n(2) Such notice, suppo rted by the signatures of at least two other Counc illors, \nshall reach the Munici pal Secretary at le ast forty-eight hours before the date on \nwhich such disc ussion is sought, and the Municipal secretary shall immediately \nplace it be fore the Chief Coun cillor and circulate the notice among the \nCouncillors in such manner as he may thinks fit. \n \n(3) the Chief Councillor may admit for discussion such notice as may appear to \nhim to be of sufficient public importance and allow such time for discussion as \nhe may consider appropriate, \n \n(4) There shall be no formal resolution or voting on such discussion.", "footnote": "", "is_definition": false, "sort_order": 600 }, { "number": "61", "title": "Section 61. (1) An y Councillor m ay ask for a statement from the Empowered Standing", "chapter": null, "content": "Committee on an urgent matter relating to the adm inistration of the Municipality \nby giving notic e to the Municipal Secretary at least one hour before the \ncommencement of the meeting of the Municipality on any day' \n \n(2) The Chief Councillor or a member of the Empowered Standing committee \nmay either make a brief statement on the same day or fix a date for making \nsuch statement. \n \n(3) Not more than two such matters shall be raised at the same meeting and, in \nthe event of more than two matters being raised; priority shall be given to the \nmaters which a re, in the opinion of the Chief Councillor, more urgent and \nimportant. \n \n(4) There shall be no debate on such statement at the time it is made. \n \n \nB. Minutes and Proceedings.", "footnote": "", "is_definition": false, "sort_order": 610 }, { "number": "62", "title": "Section 62. Minutes of each meeting of the M unicipality and of a committee of the", "chapter": null, "content": "Municipality recording therein the names of the Councillors present at such \nmeeting and the proceedings of each such meeting sh all be laid before the next \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDiscussion on \nUrgent public \nMatters. \n \n \n \n \n \n \n \n \n \n \n \n \n \nAsking for Statement \nfrom Empowered \nStanding \nCommittee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nKeeping of Minutes \nand Proceedings. \n \n\nmeeting of the municipality or such committee, as the case may be, and signed \nat such meeting by the Presiding officer thereof.", "footnote": "", "is_definition": false, "sort_order": 620 }, { "number": "63", "title": "Section 63. Minutes of the proceed ings of each meeting of the Mu nicipality shall be", "chapter": null, "content": "circulated to all the Councillors and reasonable times, be available at the of fice \nof Minutes the Municipality for ins pection by any councillor, free of cost, and by \nany other person on payment of such fee as the Municipality may determine.", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "64", "title": "Section 64. (1) The Municipal Secretary shall forward to the State Government a copy of", "chapter": null, "content": "the minutes of the proceedings of each meeting of the Municipality or a \ncommittee of the Municipality as early as possible. \n \n (2) The State Government may, in any case, call for a copy or copies of all \nor any of the papers laid before the Munic ipality or any committee of the \nMunicipality and, thereupon, the municipal Secretary shall fo rward to the State \nGovernment a copy or copies of such paper or papers.", "footnote": "", "is_definition": false, "sort_order": 640 }, { "number": "65", "title": "Section 65. The State Government may, by rules, provide for such matters, not provided", "chapter": null, "content": "in t his Act, relating to the conduct of business of the Munici pality or of its \ncommittees, as it may deem necessary. \n \nC. Validation", "footnote": "", "is_definition": false, "sort_order": 650 }, { "number": "66", "title": "Section 66. (1) No act or proceeding of the Municipality or of any committee of the", "chapter": null, "content": "Municipality shall be called in question merely on the ground of- \na. the existence of any vacancy in, or any defect, initial or subsequent, in \nthe constitution of, the Municipality or any committee of the Municipality, \nor \nb. any councillor having voted or taken part inane proceeding in \ncontravention of the provisions of section 55, or \nc. any defect or irregularity not affecting the merit of any case to which such \ndefect or irregularity relates, \n \n(2) Every meeting of the Municipality or any committee of the Municipality, the \nminutes of the proceeding of which have b een duly signed under section - 62, \nshall be deemed to have been duly convened and be free from any defect or \nirregularity. \n \n \n \nChapter VIII \nDirection and control", "footnote": "", "is_definition": false, "sort_order": 660 }, { "number": "67", "title": "Section 67. The State Government may, at any time, require any", "chapter": null, "content": "Municipal Authority- \n \n(a) to produce any record, correspondence, or other documents, \n(b) to furnish any retu rn, plan, estimate, statement, accounts, or statistics, \nand \n(c) to furnish or obtain any report, and thereupon such municipal authority \nshall comply with such requirement.", "footnote": "", "is_definition": false, "sort_order": 670 }, { "number": "68", "title": "Section 68. The State Government may depute any of its officers to inspect or examine", "chapter": null, "content": "any department, office, service, work or property of the Municipally and to report \nthereon, and such officer may, for the purpose of such inspection or \nexamination, exercise all the powers of the State Government under section 67 : \n \nProvided that such officer shall be not below the \nrank of- \n \n(a) a Deputy Secretary to the State Government in the case of a Class 'A \nMunicipal Council or Class ,B, Municipal Council, and \n(b) a Sub-divisional Officer in the case of a Class .C, Municipal council or \nNagar panchayat, as the case maybe.", "footnote": "", "is_definition": false, "sort_order": 680 }, { "number": "69", "title": "Section 69. If, after considering the records required under section 67, or the report", "chapter": null, "content": "Circulation and \nInspection of \nMinutes. \n \n \nForwarding of \nMinutes to State \nGovernment. \n \n \n \n \n \n \nRules relating to \nconduct of business \nof Municipality. \n \n \n \n \nValidation of acts \nand proceedings. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of State \nGovernment to \ncall for records \netc. \n \n \n \n \n \nPower of State \nGovernment to \nDepute officers to \nmake inspection or \nexamination and \nreport. \n \n \n \n \n \n \n \nPower of State \n\nunder section 68, or any information received otherwise by the State \nGovernment, the State Government is of opinion that- \n \n(a) any action taken by a municipal authority is unlawful or irregular or any \nduty imposed on such authority by or under this Act has not been \nperformed or has been performed in an imperfect, insufficient or \nunsuitable manner, or \n(b) adequate financial provision has not been made for the performance of \na-y under this Act, the State Government may, by orde r require such \nmunicipal authority to regularize such unlawful or irregular action or \nperform such duty or restrain such authority from taking such unlawful or \nirregular action or direct such authority to make, to the satisfaction of the \nState Government, within such period as may be specified in the order, \narrangement, or financial provision, as the case maybe, for the proper \nperformance of such duty: \n \nProvided that the State Government shall, unless in its opi nion the \nimmediate execution of such order is n ecessary before making an order \nunder this section, give such municipal authority, in writing, an opportunity of \nshow cause, within such period a s may be specified by the State \nGovernment, why such order should not be made.", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "70", "title": "Section 70. (1) If no action has be en taken in accordance with the order under section", "chapter": null, "content": "69 within the period specified therein or if no cause has been shown under the \nprovision to that s ection or if the cause shown is not to the satisfacti on of the \nState Government, the State Governmen t may make arrangements for the \ntaking of such action and may direct that all expenses connected therewith shall \nbe defrayed from the Municipal Fund. \n \n(2) F or the purposes of sub -section (1), it shall be lawful for the State \nGovernment to appoint, for such period as the State Gove rnment may thinks fit, \nany person considered suitable by it, who shall ex ercise and perform, subject to \nsuch directions as the State Government may issue from time to time, all or any \nof the powers and functions of the municipal authorities necessary to implement \nthe order under section 69. \n \n \n71 (1) If no action has been taken in accordance with the order under section 69 \nwithin the p eriod specified therein or if no cause has been shown under the \nprovision to that s ection or if the cause shown is n ot to th e satisfaction of the \nState Government, the State Government may make arrang ements for the \ntaking of such action and may direct that all expenses connected therewith shall \nbe defrayed from the N4uniciPal Fund. \n \n(2) For the purposes of sub -section (l), it shall be lawful for the State \nGovernment to appoint, for such period as the State Government may thinks fit, \nany person considered suitable by it, who shall exercise and perform, subject to \nsuch directions as the State Govern ment may issue from time to time, all or any \nof the powers and functions of the municipal authorities necessary to implement \nthe order under section 69.(1) Il in th e opinion of the State Government, the \nMunicipality has shown its incompetence, or has persistently made default in the \nperformance of the duties, or in the exercise of the functions, imposed on it by or \nunder this Act or any other law for the time being i n force or has or abused its \npowers, or is unable to function u nder the provisions of this Act, the State \nGovernment may, subject to the provisions of subsection (2), by an order \npublished in the Official Gazette, and stating the reasons therefore' declare the \nMunicipality to be incompetent or in default or to have exceeded or abused its \npowers, as the case may be, and with e ffect from such date' as may be \nspecified in the order. \n \n(2) (a) before making any order under subsection (1), a notice shall be given by \nthe State Government to the Municipality calling upon it to submit \nrepresentation, if any, against the proposed order within such period as may be \nspecified in the notice. \n \n(b) on receipt of such representation , if any, the State Government shall \nconstitute a committee consisting of five persons, nominated by the State \nGovernment to \nrequire Municipal \nAuthorities to take \naction. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of State \nGovernment to \nprovide for \nenforcement of order \nunder section 69. \n \n \n \n \n \n \n \n \n \n \nPower of State \nGovernment to \ndissolve \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nGovernment, of whom- \n \n(i) one shall be a member of the State Higher Judicial Service who shall \nbe the Chair-Person of the committee, \n(ii) one shall be the Chief Councillor of any other Municipality of the \nsame class, \n(iii) one shall be a Chartered Accountant or adperson having experience \nin financial matters, \n(iv) one shall be an Engineer or Architect ‘and \n(v) one shall be an officer of the State Government, not below the rank of \na Sub-divisional Officer, and shall forward the representation to the \ncommittee for its consideration and report within such time as the \nState Government may specify, \n \n(c) the State Gove rnment shall, on receipt of the report f rom the committee, \nconsider the representation: \n \nProvided that notwithstanding anything contained in sub section (l), no order of \ndissolution of the Municipality shall be made without giving the Municipality an \nopportunity of being heard.", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "72", "title": "Section 72. (1) Notwithstanding anything contained in this Act or in any other law for the", "chapter": null, "content": "time being in force, with effect from the date of the order of dissolution under \nsub-section (l) of section-71. \n \n(a) all the councillors including the members of the Empowered Standing \nCommittee and of any committee of the Municipality constituted under \nthis Act, and the Chief Councillor and the Deputy Chief Councillor shall \nvacate their respective offices, and \n(b) all the powers and duties which, under the provisions of this Act or the \nrules or the regulations made there under or any other law of the time \nbeing in force, may be exercised or performed Standing by the \nmembers of the Empowered Standing Committee or of any committee \nof the Municipality or the Chief Councillor, shall be exercised or \nperformed, subjects to such directions as the State Government may \ngive from time to time, by such person or persons as the State \nGovernment may appoint in this behalf: \n \nProvided that when the State Government appoints more than one \nperson to exercise any powers or perform any duties, it may, by order, \nand in such mann er as it thinks fit, allocate such powers and duties \namong the persons so appointed: \n \nProvided further that the State Government shall be the remuneration of \nsuch person or persons, and may direct that such remuneration shall, in \neach case, be paid out of the Municipal Fund. \n \n(2) For the avoidance of doubts, it is hereby declared that an order of dissolution \nunder subsection (1) of section -7i shall not effect or imply in any way the \ndissolution of the Municipality as a body corporate. \n \n \nChapter-IX \nMunicipal finance and Municipal Fund", "footnote": "", "is_definition": false, "sort_order": 710 }, { "number": "73", "title": "Section 73. After taking into consideration the recommendations of the State Finance", "chapter": null, "content": "Commission constituted under article 243 -Y, r ead with article 243 -I, of the \nConstitution of India, the State Government shall determine- \na. the devolution of net proceeds of the taxes, tolls Finance and fees to the \nMunicipalities, \nb. the assignment of taxes, duties, tolls and fees to the Municipalities, \nc. the sanction of grants -in-aid to the Municipalities from the Consolidated \nfund of the State, and \nd. the other measures required to improve the financial position of the \nMunicipalities.", "footnote": "", "is_definition": false, "sort_order": 720 }, { "number": "74", "title": "Section 74. (1) The State Government may, from time to time, give grants or financial", "chapter": null, "content": "Consequences of \ndissolution. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nImplementation of \nrecommendations of \nState Finance \nCommission \n \n \n \n \n \n \n \nFinancial Assistance \n\nassistance to the Municipality with or without direction as to the manner in which \nsuch grants or financial assistance shall be applied. \n \n (2) The State Govern ment may, for giving such grants or assistance, lay \ndown a scheme which may in clude the conditio ns of release of Municipalities \ninto different classes for that purpose. \n \n(3) The State Gove rnment may, give grants to the Mu nicipality for \nimplementation, in full or in part, of any scheme included in the annual \ndevelopment plan of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 730 }, { "number": "75", "title": "Section 75. (1) There shall be a fund to be called the Municipal Fund which shall be held", "chapter": null, "content": "by the Municipality in trust for the purpo ses of this Act, and all moneys realized \nor realizable under this Act and all moneys otherwise receiv ed by the \nMunicipality shall be credited thereto. \n \n(2) Subject to such directions as the State Government may issue. in this behalf \nand keeping in view, the classification of municipal areas under section -7, the \nreceipts and expenditures of the Municipality shall be kept under such heads of \naccounts, including those for water-supply, drainage and sewerage, solid waste \nmanagement, road development and maintenance, slum services, commercial \nprojects and other account heads as may be specified a nd the general account \nhead, in such mann er, and in such form, as may be prescribed, so as to \nfacilitate the imposition of user charges and p reparation of any subsidy report \nunder this Act. \n \nExplanation. - For the purposes of this section , \"commercial pr ojects\" shall \ninclude municipal markers, development projects, property development \nprojects, and such other projects of a commercial nature as may be specified by \nthe Municipality from time to time. \n \n(3) Every head of account specified unde r sub-section (1) shal1 be split up into \na revenue account and a capital accoun t and all items of receipts and \nexpenditures shall be kept appropriately under such revenue account or capital \naccount, as the case maybe. \n \n \nChapter-X \nApplication of Municipal fund", "footnote": "", "is_definition": false, "sort_order": 740 }, { "number": "76", "title": "Section 76. The moneys credited to the Municipal fund from time to time shall be applied", "chapter": null, "content": "for payment of all sums, charges and costs necessary f or carrying out th e \npurposes of this Act and the rules and the regulations made there under and for \npayment out of the Municipal Fund under any other 1aw for the time being in \nforce.", "footnote": "", "is_definition": false, "sort_order": 750 }, { "number": "77", "title": "Section 77. No payment of any sum out of the Municipal fund shall be made unless such", "chapter": null, "content": "expenditure is covered by a current budget grant a nd a sufficient balance of \nsuch budget grant is available, notwithstanding any reduction or transfer thereof \nunder the provision or transfer under the provisions of this Act: \nProvided that this section shall not apply to any payment in the following cases:- \n \n(a) refund of taxes and other moneys which are authorized by this Act, \n(b) repayment of moneys belonging to contractors or other persons and held \nin deposit and ail moneys collected by the Municipality or credited to the \nMunicipal Fund by mistake, \n(c) temporary payment for works urgently required byte State Government \nin the public interest, \n(d) expenses incurred by the Municipality on special measures on the \noutbreak of dangerous diseases, natural or technological hazards or in \nany other emergent case, \n(e) sums payable as compensation under this Act or the rules or the \nregulations made there under, \n(f) sums payable- \ni. under orders of the State Govern ment on failure of the Municipality to \ntake any action required by the State Government under any provision \nfrom State \nGovernment. \n \n \n \n \n \n \n \n \n \nMunicipal Fund. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nApplication of \nMunicipal Fund. \n \n \n \n \n \nPayments not to be \nmade out of \nMunicipal Fund \nunless Covered by \nBudget grant. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nof this Act, \nii. under any other law for the time being in force, \niii. under the decree or order of a civil or criminal court against the \nMunicipality, or \niv. under a compromise of any claim, suit or other legal proceeding, or \nv. on account of the cos t incurred in taking immediate action by any of \nthe n:,unicipal authorities to avert a sudden threat o r danger to the \nproperty of municipality or of human life, and \n \n(g) such other cases as may be determined by regulations.", "footnote": "", "is_definition": false, "sort_order": 760 }, { "number": "78", "title": "Section 78. Whenever any sum is pa id in any of the cases referred to in the provision of", "chapter": null, "content": "section-77, the Chief Municipal Executive Officer/ Mu nicipal Executive Officer \nshall forthwith communicate th e circumstances of such payment to the \nEmpowered Standing Committee, and, thereupon, the Empow ered Standing \nCommittee may take, or recommend to the Municipality to take, such action \nunder the provisions of this Act as may appear to it to be feasible and expedient \nfor covering tire amount of such payment.", "footnote": "", "is_definition": false, "sort_order": 770 }, { "number": "79", "title": "Section 79. (1) On a requisition, in wr iting, by the S tate Government, the Empowered", "chapter": null, "content": "Standing committee may, at any time, retired the Chief Municipal Executive \nOfficer/ Municipa l Executive Officer to undertake the execution of any work \ncertified by the State Government to be urgently re quired in the public interest \nand, for th is purpose, to make payment for such work from the Municipal Fund \nin so far as such payment be made without unduly interfering with the r egular \nwork of the Municipality. \n \n(2) The cost of all work so executed, and the proportionate establishment \ncharges for executing such work, shall be p aid by the State Government and \ncredited to the Municipal Fund. \n \n(3) On receipt of a requisition under sub -section (1), the Empowered Sta nding \nCommittee shall forthwith forward a copy the reof to the Municip ality together \nwith a report of the steps taken in pursuance of the said requisition.", "footnote": "", "is_definition": false, "sort_order": 780 }, { "number": "80", "title": "Section 80. Notwithstanding anyth ing contained elsewhere in this chapter, the", "chapter": null, "content": "Municipality may, with the approval of the State Government, authorize \nexpenditure to be incurred beyond the limits of the municipal area for creation of \nphysical assets relati ng to the core functions of the Municipality outside the \nlimits of such municipa l area and for maintenance thereo f for carrying out the \npurposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 790 }, { "number": "81", "title": "Section 81. (1)Notwithstanding anything contained elsewhere in this chapter, the State", "chapter": null, "content": "Government may, by order, require the Municipality to earmark a particular \nportion of the Municipal Fund or a particular grant or apart thereof, or any item of \nreceipt under any head of account, or any percentage thereof, or any share of \ntax receivable by the Municipality other than taxes, duties and fines assigned to \nthe Municipality under this Act or any part thereof, to be utilized exclusiv ely for \nsuch purpose related to municipal functions a s ma y by specified by the State \nGovernment, and it shall be the duty of the \nMunicipality to act accordingly. \n \n (2) The State Government may, for carrying out the purposes of sub -\nsection (1), make rules for different classes of Municipalities.", "footnote": "", "is_definition": false, "sort_order": 800 }, { "number": "82", "title": "Section 82. Subject to the other provisions of this Act, payment from the Municipal Fund", "chapter": null, "content": "shall be made in such manner as may be determined b y regulations, and the \nheads of accounts referred to in section-75 shall be operated by such officers of \nthe Municipality as may be authorized by the Municipality by regulations.", "footnote": "", "is_definition": false, "sort_order": 810 }, { "number": "83", "title": "Section 83. (1) Surplus moneys stand ing at the credit of any of the heads of account of", "chapter": null, "content": "the Municipal Fund which are not required, either immediat ely or at any early \ndate, to be applied for the purposes of this Act by the Municipality, may, in \naccordance with such regulations as may be made by the Municipality in this \nbehalf be transferred by the Municipality, either in whole or in part, to any other \nhead of account of \nthe Municipal Fund: \n \n \n \n \n \n \n \n \n \n \n \nProcedure when \nmoney not covered \nby budget grant. \n \n \n \n \n \nTemporary Payment \nfrom Municipal Fund \nfor works Urgently \nrequired in public \ninterest. \n \n \n \n \n \n \n \n \n \n \n \n \nPower to incur \nExpenditure beyond \nthe limits of \nMunicipality. \n \n \n \n \nExclusive use of \nFund for particular \npurpose. \n \n \n \n \n \n \n \n \nOperation of \naccounts. \n \n \n \n \n \nInvestment of \nsurplus moneys. \n \n \n \n\n \nProvided that no such money s hall be transferred permanently from any of the \nheads of accounts to any other head of account without the previous approval of \nthe Municipality: \n \nProvided f urther that such surplus moneys standing at the cr edit of the \nCommercial Projects Account of the Municipal Fund shall not be transferred to \nthe General Account of the municipal Fund. \n \n \n(2) Surplus moneys which are not transferred under sub-section (1) may be \ninvested in public securities or small savings schemes, approved by the State \nGovernment, or dep osited at interest with such scheduled b ank as may be \ndetermined by the Empowered Standing Committee. \n \n(3) Profit or loss, if any, arising fro m the investme nt as aforesaid shall be \ncredited or debited, as the case may be, to the ac count to which such profi t or \nloss relates. \n \n \n \nChapter-Xl \nBudget Estimates", "footnote": "", "is_definition": false, "sort_order": 820 }, { "number": "84", "title": "Section 84. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer shal l", "chapter": null, "content": "prepare in each year a budget estimate along with an establishment schedule of \nthe Municipality for the ensuing year, and suc h budget estimate shall be an \nestimate of the income and expenditure of the Municipality. \n \n(2) Subject to the provisio ns of section 10 and subsection (2) of section 75, the \nbudget estimate shall separately state th e income and the expenditure of the \nMunicipality to be received and incurred in terms of the various heads of \naccounts. \n \n(3) The budget estimate shall state the rates at which various taxes, surcharges, \ncesses and fees shall be levied by the Municipality in the year next following. \n \n(4) The budget estimate shall state the amount of money to be raised as loan \nduring the year next following. \n \n(5) The Chief Councillor shall present the budget estimate to the Municipality on \nthe 15th day of February in each year or as soon thereafter as possible. \n \n(6) The budget estimate shall be prepared, presented and adopted in such Form \nand in such manner, and shall provide for such matters, as may be prescribed. \n \n(7) The annual statem ents prepared under sub -section (2) of section 107 and \nsub-section (1) of section 1 19 together with the reports prepared under \nsubsection(1) of section 85 and under sub-section (2) of section 278 sh all be \nenclosed with the budget estimate.", "footnote": "", "is_definition": false, "sort_order": 830 }, { "number": "85", "title": "Section 85. (1) Tire Chief Municipal Executive Officers/ Municipal Executive Officer shall,", "chapter": null, "content": "while preparing the budget estimate, append thereto a repo rt indicating whether \nthe following s ervices are being provided at a subsidized rate and, if so, the \nextent of the subsidy, the reasons therefore, the source from which the subsidy \nis being met, and the sections or categories \nof the local population who are the beneficiaries of such subsidy, namely:- \n \n(a) water-supply and disposal of sewage, and \n(b) Scavenging, transporting and disposal of solid wastes. \n \nExplanation.-A service shall be construed as being provided at a subsidized \nrate if its total cost, comprisin g the expenditure on operation and for d ebt \nserving, exceeds the income relating to the rendering of that service. \n \n (2) The Empowered Standing Committee shall examine the report referred to \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPreparation of \nbudget Estimate of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nReport on Services \nProvided at \nSubsidized \nRate. \n \n \n \n \n \n \n \n \n \n \n \n\nin sub -section (1) and place the same before the Municipality with its \nrecommendations, if any.", "footnote": "", "is_definition": false, "sort_order": 840 }, { "number": "86", "title": "Section 86. (1) The Municipality shall consider the budge t estimate and the", "chapter": null, "content": "recommendations, if any of Empowered Standing Committee thereon, and shall, \nby the fifteenth day of N{arch in each year, adopt the budget estimate for the \nensuing year with such changes as it may consider necessary, and submit the \nbudget estimate so adopted to the Director of Local Bodies. \n \n(2) The budget estim ate received by the Director of Local Bodies, as th e case \nmay be, under subsection (1) shall be returned with or without modifications of \nthe provisions relating to subventions by the State Government. \n \n \n \n \n \n(d) Cause physical verification of any stock o f articles in co urse of examination \nof accounts. \n \n(4) The Auditor , or the officer subordinate to him, may report any i tem of \naccounts contrary to the provisions of this Act to the Empow ered Standing \nCommittee. \n(5) The Empowered Standing Committee shall consider the report of the Auditor \nas early as possible and shall, if necessary take prompt action thereon, and \nshall also, if necessary surcharge the amount of any illegal any p erson \nresponsible therefore the amount of any def iciency or loss incurred by the \nnegligence or m isconduct of such person or any amount which ought to have \nbeen, but is not, brought into accoun t by such person, and shall, in every such \ncase, certify the amount due from such person: \n \nProvided that any person aggrieved by an order of payment of certified sums \nany appeal to the State Go vernment whose decision on such appeal shall be \nfinal. \n \n(6) Any person who wi lfully neglects, or refuses to comply with, the requisition \nmade by an Auditor, or the office r subordinate to him, shall, on conviction by a \nCourt, be punishable with fine in respect of item included in the requisition. The \nfine may be fixed by the Govt. from time to time.", "footnote": "", "is_definition": false, "sort_order": 850 }, { "number": "94", "title": "Section 94. (1) As soon as practicabl e after the completion of audit of the accounts of", "chapter": null, "content": "the Municipality, but not later than the thirtieth day of September each year, the \nAuditor shall prepare a report of the accounts audited and exam ined and shall \nsend such report to the Chief Municipal Executive Officer/ Mu nicipal Executive \nOfficer. \n \n(2) The Auditor shall include in such report a statement showing. \na. every payment which appears to the Auditor to be contrary to law. \nb. the account of any deficiency or loss, which appears to have been \ncaused by gross negligence or misconduct of any person. \nc. the account of any sum received which ought to have been, but has not \nbeen, brought into account by any person, and \nd. any other material impropriety or irregularity in the accounts. \n \n95.(1) The chief Municipal Executive officer/ Municipal Executive officer sha ll \nplace the audited financia l statement, the balance sheet and the report of the \nAuditor and his comments thereon before the Empowered Standing Committee \nwhich, after the examination thereof, shall place them before the Municipality \nwith its comments\" if any. \n \n(2) The Chief Munici pal Executive Officer/ Municipal Executive Officer s hall \nremedy any defect that has been pointed out by the Auditor in his report.", "footnote": "", "is_definition": false, "sort_order": 860 }, { "number": "96", "title": "Section 96. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer shall,", "chapter": null, "content": "after adoption of the financial statement and the balance sheet and the report of \nthe Auditor by the munici pality, forward the same to the State Gover nment \ntogether with a report of the action taken thereon by the Municipality a nd shall \n \n \n \nSanction of budget \nEstimate of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAudit report. \n \n \n \n \n \n \n \n \n \n \n \n \n \nplacing of Audited \nAccounts before \nMunicipality. \n \n \n \n \n \n \nSubmission of \naudited Accounts. \n \n \n\nalso send copies thereof to the Auditor. \n \n(2) If there is any difference of opinion between the Auditor and the Municipality \nor if the Municipal does not remedy the defects or the irregularities mentioned in \nthe report of the Auditor within a reasonable period, the Auditor shall refer the \nmatter to the State Go vernment whose decision thereon shall be fi nal and \nbinding.", "footnote": "", "is_definition": false, "sort_order": 870 }, { "number": "97", "title": "Section 97. If an y order made by the State Gove rnment under this chapter is not", "chapter": "chapter is", "content": "complied with, it shall be lawful for the State Government to take such steps as \nit thinks fit to secure the compliance of t he order and to direct that all expenses \ntherefore shall be defrayed from the Municipal Fund.", "footnote": "", "is_definition": false, "sort_order": 880 }, { "number": "98", "title": "Section 98. In addition to the audi t of annual accounts' the State Government or the", "chapter": null, "content": "Municipality may if it thinks fit appoint an Auditor to c onduct special audit \npertaining to a specified item or serie s of items requiring thorough examination, \nand the procedure rel ation to audit shall apply mutatis mutandis to such special \naudit.", "footnote": "", "is_definition": false, "sort_order": 890 }, { "number": "99", "title": "Section 99. The State Government or Municipality may provide for internal audit of the", "chapter": null, "content": "day to day accounts of the Municipality by the auditor appointed in this behalf by \nthe State Government in the manner as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 900 }, { "number": "100", "title": "Section 100. (1) The Municipality shal l, at its first meeting in each year or a s soon as", "chapter": null, "content": "may be at any meeting subsequent thereto, constitute a Municipal Accounts \nCommittee. \n \n(2) The Municipal Accounts Committee shall consist of- \na. such number of members, not being less than 3 and not more than 5 as \nthe Municipality may determine, to be elected by the Councillors not \nbeing the members of the empowered Standing Committee, from \namongst themselves and \nb. such n umber of persons , not being Councillors or officers or other \nemployees of the Municipality and not exceeding two in numbers, having \nknowledge in financial matters, as may be nominated by the Municipality. \n \n(3) The members of the Municipal Accounts Committee shall elect from amongst \nthemselves one member to be its Chairperson. \n \n (4) Subject to the other provisions of this Act the members of the Municipal \nAccounts Committee shall hold office until a new Municipal Accounts Committee \nis constituted. \n \n(5) T he manner of s ubmission of resignation by the Chairperson or a ny other \nmember, and the manner of filling up of a casual vacancy in the office of a \nmember, of the M unicipal accounts Committee shall be such as may be \nprescribed. \n \n(6) Subject to the provision s of this Act and the rules and the regulations made \nthereunder it shall be the duty of the Municipal Accounts Committee- \n \n(a) to examine the accounts of the Municipality showing the appropriation of \nsums granted by the Municipality for its expenditure and the annual \nfinancial accounts of the Municipality, \n(b) to examine and scrutinize the report on the accounts of the Municipality \nby the Auditor appointed under section 92 and to satisfy itself that the \nmoneys shown in the accounts as having been disbursed were av ailable \nfor, and applicable to, the services or purposes to which they were \napplied or charged and that the expenditure was incurred in accordance \nwith the authority governing such expenditure, \n(c) to submit report to the Municipality every year and from time to time on \nsuch examination and scrutiny, \n(d) to consider the report of the Auditor appointed under section 98 in cases \nwhere the State Government or the m unicipality requires him to conduct \na special audit of any receipt or expenditure of the Municipality o r to \nexamine the accounts of stores and stocks or the Municipality or to check \n \n \n \n \n \n \n \n \nPower of State \nGovernment to \nenforce order upon \naudit report. \n \n \nSpecial audit. \n \n \n \n \n \nInternal audit. \n \n \n \nMunicipal Accounts \nCommittee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nthe inventory of the properties of the Municipality including its land \nholdings and buildings ; and \n(e) to discharge such other functions as may be prescribed. \n \n(7) The Municipal Accounts Committee may call for any book or document if, in \nits opinion, suc h book or document is nec essary for its work and may send for \nsuch officers of the Municipality as it may consider necessary for explaining any \nmatter in connection with its work. \n \n(8) The manner of transaction of business to the Municipal Accounts Committee \nshall be such as may be determined by regulations : \n \nProvided that the persons nominated under clause (b) of sub -section (2) shall \nnot have the right to vote at the meeting of the Municipal Accounts Committee. \n \n \n \nChapter-XIII \nMunicipal Property", "footnote": "", "is_definition": false, "sort_order": 910 }, { "number": "101", "title": "Section 101. The Municipality shall, for the pu rposes of this Act, have the power to", "chapter": null, "content": "acquire, by gift, purchase or otherwise, and ho ld, mova ble and immovable \nproperties or any interest therein, wh ether within or outside the limits of the \nmunicipal area.", "footnote": "", "is_definition": false, "sort_order": 920 }, { "number": "102", "title": "Section 102. Notwithstanding anything contained in any oth er law for the time being in", "chapter": null, "content": "force, the movable and the immovable properties of the following categories \nwithin the limits of a municipal area, not belonging to any Government \ndepartment or statutory body or corporation shall vest in the Municipality, unless \nthe State Government directs otherwise by notification, namely:- \n \n(a) all vested public lands not belonging to any Government department or \nstatutory body or corporation, \n(b) all public tanks, streams, reservoirs, and wells, \n(c) all public markets and slaughterhouses, \n(d) all pu blic sewers and drains, channels, tunnels, culverts and \nwatercourses, alongside, or under, any street, \n(e) all public streets and pavements, and stones another materials thereon, \nand also trees on such public streets or pavements not belonging to any \nprivate individual, \n(f) all public parks and gardens, including squares and public open spaces, \n(g) all public ghats on rivers or streams or tanks, \n(h) all public lamps, lamp -posts and apparatus connected therewith, or \nappertaining thereto, \n(i) All public places for disposal of the dead, excluding those governed by \nany specific law in this behalf, \n(j) all solid wastes collected on a public street or public place, including \ndead animals and birds, and \n(k) all stray animals not belonging to any private person.", "footnote": "", "is_definition": false, "sort_order": 930 }, { "number": "103", "title": "Section 103. (1) The Muni cipality may, on such terms and conditions as ma y be", "chapter": null, "content": "approved by it, acquire by agreement- \n \n(a) any immovable Property, and \n(b) any easement affecting immovable property \n \n(2) The Municipality may also acquire any property by exchange on such terms \nand conditions as may be approved by it. \n \n(3) The Municipality may also hire or take on lease immovable property on such \nterms and conditions as may be approved by it from time to time. \n \n(4) The Municipality may receive any grant or dedication by do nor, whether in \nthe form of any income or any mo vable or immovable property, by which the \nMunicipality may be benefited in the discharge of any of its functions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \npower to acquire \nand hold. \n \n \n \n Vesting of property. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAcquisition of \nproperty by \nMunicipality by \nagreement, \nexchange, lease, \ngrant, etc. \n \n \n \n \n \n \n \n \n \n \n\n(5) It shall be for the Municipality to be the beneficiary of any trust created under \nthe Charitable and religious Trusts Act, 1920, or the Indian trusts Act, 1882.", "footnote": "", "is_definition": false, "sort_order": 940 }, { "number": "104", "title": "Section 104. (1) When any l and, whether within or outside the limits of the municipal", "chapter": null, "content": "area. or any easement affecting any immovable property vested in the \nMunicipality is required for any public purpose under this Act, the State \nGovernment may, at the request of the Municipality, proceed to acquire such \nland or easement under the Land of Acquisition Act,1894. \n \n(2) The Municipali ty sha1l be bound to pay to the State Govern ment the cost \nincluding all charges in connection with th e acquisition of the land under the \nLand Acquisition Act, 1894. \n \n(3) The Municipality may resort to other methods of land assembly including the \nuse of transferable development rights.", "footnote": "", "is_definition": false, "sort_order": 950 }, { "number": "105", "title": "Section 105. Whenever the M unicipality makes a request to the State Government for", "chapter": null, "content": "acquisition of land for the purpose of w idening or improving an existing street, it \nshall be lawful for the Mun icipality to apply to the State Government for the \nacquisition of such additional land immediately adjoining the land to be occupied \nby such new street or existing street as is required for the sites of buildings to be \nerected on either side of the street, and such additional land shall be deemed to \nbe required for the purposes of this Act.", "footnote": "", "is_definition": false, "sort_order": 960 }, { "number": "106", "title": "Section 106. Any property belonging to the Municipality may be disposed of in t he", "chapter": null, "content": "manner hereinafter provided, namely:- \n \n(a) the Empowered Standing Committee may sell, or grant lease or, \notherwise dispose of, by public auction, any movable property, and may \ngrant lease of, or let out on hire, any immovable property, belonging to \nthe Municipality, \n(b) the Municipality may, with the poor approval of the State Government, \nfor valuable consideration, seller otherwise transfer, any immovable \nproperty belonging to the Municipality which is not required for carrying \nout the purposes of this Act, and \n(c) the Municipality shall not transfer any immovable property vested in it by \nvirtue of this Act, but shall cause the same to be maintained, controlled \nand regulated in accordance with the provisions of this Act and the rules \nand the regulations made thereunder: \n \n Provided that the State Government may authorize, in the public \ninterest, the disposal of such immovable property buy the Municipality, if \nthe Municipality so requires. for reasons to be recorded in writing. \n \nExplanation.- \" valuable consideration' shall, in relation to any immovable \nproperty, mean anything of consi derable value in terms of money or property \ngiven in lieu of transfer by way of sale or otherwise, of such immovable property.", "footnote": "", "is_definition": false, "sort_order": 970 }, { "number": "107", "title": "Section 107. (1 ) The Empowered St anding Committee shall maintain a register and a", "chapter": null, "content": "map of all the immovable properties of which the Municipality is the owner or \nwhich vest in it, or which the Municipality holds in trust with the Government, \nand a register of all movable properties belonging to the Municipality. \n \n (2) The Empow ered Standing Committee shall. in the case of the inventory \nof an immovable property, prepare an annual statement indicating the changes, \nif any, in the said inventory and shall pl ace the same before the Municipal ity \nalong with the budget estimate. \n \n \nChapter - XIV \nBorrowings", "footnote": "", "is_definition": false, "sort_order": 980 }, { "number": "108", "title": "Section 108. The State Govern ment shall frame a comprehensive debt limitation policy", "chapter": null, "content": "applicable in the case of loans, including short- term loans, to be raised by the \nMunicipalities. laying down, inter alia, the general principles govern ing the \nraising of loans by the Municipalities, the limit of the loans which any \nMunicipality may raise having regard to its financial capacity, the rate of interest \n \n \n \nCompulsory \nAcquisition of land. \n \n \n \n \n \n \n \n \n \n \n \nSpecial provisions \nfor acquisition of \nlands adjoining \nstreets. \n \n \n \n \nDisposal of property. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nInventory of \nproperties of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \nComprehensive debt \nlimitation policy. \n \n \n \n\nto be paid for such loans, and the terms and conditions, inclu ding the period of \nrepayment thereof.", "footnote": "", "is_definition": false, "sort_order": 990 }, { "number": "109", "title": "Section 109. (1) The Municipality m ay, from time to time, raise, by a resolution in this", "chapter": null, "content": "behalf passed at a meeting of the Municipality, a loan within the limits set by the \ncomprehensive debt limitation policy framed under section 108, by the issue of \ndebentures or otherwise, on the security of the properly tax or of all or any of the \nother taxes, surcharges, cesses and fees and dues under this Act or of both the \nproperly tax and all or any of the other taxes, surcharges, cesses and fees and \ndues under this Act, or on the guarantee by the State Gove rnment, of any sum \nof money which may be required for the purpose of \nthis Act namely:- \n \n(a) construction of works \n(b) Acquisition of lands and building. \n(c) paying off any debt due to the State Government, \n(d) repayment of a loan raised \n(e) acquisition of a public utility conce rn which renders such services as the \nMunicipality is authorized to render \n(f) purchase of vehicles, locomotive engines, boilers and machi nery \nnecessary for carrying out the purposes of this Act, or \n(g) any other purpose for which the Municipality is, by or under this Act or \nany other law forth time being in force, authorized to borrow: \n \nProvided that any loan proposed to be raised which goes beyond the \nlimits set by the comprehensive debt limitation policy as aforesaid shall \nrequire the previous sanction of the State Gov ernment in regard to its \npurpose, the quantum. the rate of interest and the period for repayment, \nand the other terms and conditions, if any: \n \nProvided further that in addition to the loans as aforesaid, the Municipality \nmay also take loan from the State Government or any statutory body or \npublic sector corporation. \n \n(2) When any loan has been raised under subsection (1),- \n \n(a) no portion thereof shall - without the previous sanction of the State \nGovernment, be applied to any purpose other than that for which it has \nbeen raised, and \n(b) no portion of any loan raised for any of the purposes referred to in that \nsub-section shall be applied to the payment of salaries or allowances to \nany officer or other employee of the Municipality, other than those who \nare exclusively employed for the purpose for which the loan has been \nraised. \n \nExplanation: - The expression “dues under this Act\" in sub-section (1) shall, for \nthe purpose of clause (e) of that sub-section, be deemed to include the income \nderivable from the public utility concern referred to in that clause.", "footnote": "", "is_definition": false, "sort_order": 1000 }, { "number": "110", "title": "Section 110. Notwithstanding any thing contained in section 109, the Municipality may,", "chapter": null, "content": "where the raising of a loan is sanctioned by the State Gov ernment under that \nsection, instead of raising such loan or any part thereof, take credit, on such \nterms as may be approved by the State Government, from any scheduled bank, \nto be kept in a cash account bearing the name of the Municipality to the extent \nof such loan or any part thereof and, with the sanction of the State Government, \nmay grant mortgage of all or any of the properties vested into the Municipality by \nway o f securing the repayment of the amount of such cred it or of the sums \nadvanced from time to time on such cash account with interest.", "footnote": "", "is_definition": false, "sort_order": 1010 }, { "number": "111", "title": "Section 111. Not withstanding anything contained in this chapter, the Municipality may,", "chapter": null, "content": "within the limits set by the comprehensive debt limitation policy fra med under \nsection 108, from time to time take a sh ort-term loan repayable within such \nperiod not e xceeding twelve months, from any other sched uled bank, for such \npurpose, not bei ng a pu rpose referred to in sub section (1) of section 109, on \nsuch terms, and on furnishing such security for th e repayment of such loan. as \nma be approved by the State Government.", "footnote": "", "is_definition": false, "sort_order": 1020 }, { "number": "112", "title": "Section 112. The Municipality sh all establish a Sinking Fund in respect of each loan", "chapter": null, "content": "Power of \nMunicipality to raise \nloan. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of \nMunicipality to open \ncredit account with \nbank. \n \n \n \n \n \nPower of \nMunicipality to raise \nshort term loan. \n \n \n \n \n \nEstablishment of \n\nraised under section 109 for the repayment of moneys borrowed, or debentures \nissued and shall in every year, pay into such Sinking Func tion such su m as \nshall, be sufficient for the repayment within the period fix ed for the loan, of the \nmoney borrowed or the debentures issued.", "footnote": "", "is_definition": false, "sort_order": 1030 }, { "number": "113", "title": "Section 113. A Sinking Fund or any part thereof shall be applied to discharge of the loan", "chapter": null, "content": "or a part of the loan for which such Fund was created and, until such loan or par \nthereof is wholly di scharged, such Fund shall not be applied to any other \npurpose.", "footnote": "", "is_definition": false, "sort_order": 1040 }, { "number": "114", "title": "Section 114. It at any time, the sum standing at the credit of a Sinking Fund established", "chapter": null, "content": "under section 112 for the repayment of any loan is of such amount that is \nallowed to accumulate at the rate of interest sanctioned under the first proviso to \nsub-section (I) of section 109, it will be sufficient to pay off the loan within the \nperiod approve by the State Governmen t under the said proviso, furth er \npayments towards such fund may be discontinued.", "footnote": "", "is_definition": false, "sort_order": 1050 }, { "number": "115", "title": "Section 115. (1) Al l moneys paid in to a Sinking Fund shall, as su ch as possible, be", "chapter": null, "content": "invested by the Empowered Standing Committee in – \n \n(a) Government securities, or \n(b) securities guaranteed by the Central Government or any State \nGovernment, or \n(c) debentures issued by the Municipality, or \n(d) such other public securities as may approved by the State Government, \n(e) and such other securities as may be held byte Municipality for the \npurpose of repayment of loans from time to titre raised by it by issue of \ndebentures or otherwise. \n(2) A ll dividends and other sums received in respect of any investment u nder \nsub-section ( 1) shall, as soon as possible after their receipt, be paid into the \nSinking Fund and shal1 be invested in the manner laid down in that sub-section. \n \n(3) Moneys standin g at the credit of two or more Sinking Fund s may, at the \ndiscretion of the Empowered Standing Committee, be invested together as a \ncommon fund, and it shall not be necessary for t he Empowered Standing \nCommittee to allocate the secu rities held in such investments to the several \nSinking funds. \n \n(4) Subject to the p rovision of sub -section (1), any investment made under this \nsection may, from time to time, be varied or transposed.", "footnote": "", "is_definition": false, "sort_order": 1060 }, { "number": "116", "title": "Section 116. (1) For the purpose of investment of any portion of the Municipal Fund,", "chapter": null, "content": "including Sinking Fund, in the debentures issued by the Municipality for raising a \nloan, the Municipality may, within the limits set by the com prehensive debt \nlimitation policy framed under section I 08, reserve and set apart any portion of \nsuch debentures for issue at par thereto in the name of the Municipality provided \nthat the intention so to reserve and set apart such debentures shall have been \nnotified as a condition of raising the loan. \n \n(2) The issue of any debentures by the Municipality under sub-section (1) shall \nnot operate to extinguish or cancels such deb entures, but issued to, and in the \nname of, any other person. \n \n(3) The purchase by, or the transfer, assignment or endorsement to, th e \nMunicipality of any debenture issued by it sha ll not operate to extinguish or \ncancel such deb enture and every such debent ure shall be valid an d negotiable \nin the same manner and to the same extent as if it were h eld by or transferred, \nassigned or endorsed to, any other person.", "footnote": "", "is_definition": false, "sort_order": 1070 }, { "number": "117", "title": "Section 117. Eve ry loan raised by the Municipality under section 109 shall be repaid", "chapter": null, "content": "within the rime appr oved under that section and such repayment shall be made \neither from a Sinking Fund established under section 112 in respect of such loan \nor partly from such Sinking fund and, to the extent or which s uch Sinking Fund \nfalls short of the sum required for the repayment of such loan, partly from the \nloan raised for the purpose under section 109, as may be approved by the State \nGovernment. \nSinking Fund. \n \n \n \n \nApplication of \nSinking Fund. \n \n \n \nPower to discontinue \npayment towards \nSinking Fund. \n \n \n \n \nInvestment \nof amount at \nthe credit of \nSinking Fund. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of \nMunicipality to \nreserve a portion of \ndebentures, issued \nfor raising loan, for \ninvestment. \n \n \n \n \n \n \n \n \n \n \n \n \n \nManner of \nRepayment of loans.", "footnote": "", "is_definition": false, "sort_order": 1080 }, { "number": "118", "title": "Section 118. All debentures issued under this chapter shall be in such Form, and shall", "chapter": null, "content": "be transferable in such manner, as the Munic ipality may, by regulations, \ndetermine and the right to sue in respect of the moneys secured by any of such \ndebentures sh all vest in the holders thereof from the tim e, being w ithout any \npreference by reason of some such debentures being prior in date to others.", "footnote": "", "is_definition": false, "sort_order": 1090 }, { "number": "119", "title": "Section 119. (1) The Chief Munici pal Executive Officer/ Municipal Executive Officer", "chapter": null, "content": "shall, at t he end of every year, prepare, and subm it to the Municipality, an \nannual statement showing – \n \n(a) the amount which has been paid into the Sinking fund or Sinking Fund s \nduring the year under section 1 12, \n(b) the date of the last investment made during the year, \n(c) the aggregate amount of the securities in the hand of the Municipality at \nthe end of the year, and \n(d) the aggregate amount which has been applied for the purpose of \nrepayment of the loan under section 115. \n \n(2) A copy of every such annual statement shall be submitted to th e State \nGovernment by the Chief Municipal Executive Offi cer Municipal Executive \nOfficer.", "footnote": "", "is_definition": false, "sort_order": 1100 }, { "number": "120", "title": "Section 120. ( 1 ) All Sinking Funds established under this Act shall", "chapter": null, "content": "be subject to annual examination by the Auditor appointed under section 92 who \nshall ascertain whether the c ash and the value of securities belonging to such \nSinking funds are equal to the amount w hich should be at the credit of such \nSinking Funds, had the investment under section 115 been regularly made and \nhad the interest accruing from such investments been regularly obtained. \n \n(2) The amount whi ch should be at the credit of a Sinking Fund shal l be \ncalculated on the basis of the sums pa id into such Sinking Fund under section", "footnote": "", "is_definition": false, "sort_order": 1110 }, { "number": "112", "title": "Section 112. (3) The value of se curities belonging to a Sinking Fund shall be the cu rrent", "chapter": null, "content": "value of such securities unless such securities become due for redemption at \npar with, or above, their face value before maturity in which case th eir current \nvalue shall be taken as their redem ption value, except in the case of the \ndebentures issued by the Municipality which shall always be valued at par w ith \ntheir face value, provided the Municipality shall make good immediately any loss \nowing to t he sale of such debentures for repayment of the loan raised under \nsub-section (1) of section 109. \n \n(4) The Municipality shall forthwith pay into a Sinking Fund such amount as the \nAuditor appointed under section 92 may certify to be deficit in respect of such \nSinking Fu nd, unless the State Government specially sanctions a gradual \nreadjustment of such deficit. \n \n(5) If the cash and the value of the securit ies at the credit of a Sinking Fund are \nin excess of the amount which should be at the credit of such Sink ing Fund, the \nAuditor appointed under section 92 shall certify the amount of such excess sum, \nand the Municipality shall, thereupon, transfer the excess sum into the Municipal \nFund General Account. \n \n(6) If any dispute arises as to the accuracy of any deficit or excess referred to in \nthe certificate under sub-section (4) or su b-section (5), the Municipality may, \nafter payment of such defi cit or after tran sfer of such excess\" as th e case may \nbe, refer the matter to the State Go vernment whose decision thereon shall be \nfinal.", "footnote": "", "is_definition": false, "sort_order": 1120 }, { "number": "121", "title": "Section 121. (1 ) The Municipality may borrow money from the State Government for", "chapter": null, "content": "carrying out the purposes of this Act on such terms and conditions as the State \nGovernment may determine. \n \n(2) if any money borrowed by the Municipality from the State Government before \nthe commencement of this Act or under subsection (1) is not repaid, or any \ninterest due in respect thereof is not paid, according to the terms and conditions \n \nForm and effect of \ndebentures. \n \n \n \n \nAnnual statement. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAnnual examination \nof Sinking Funds. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of \nMunicipality to \nborrow money from \nState Government \nand attachment of \nMunicipal fund f or \nrecovery of such \n\nof such borrowing, the State Government may attach the Municipal Fund or any \nportion thereof. \n \n(3) After such a ttachment, an officer as may be appointed in this behalf by the \nState Government shall deal with the Municipal Fund, or any portion thereof, so \nattached, in such manner as ire thinks fit and may do all acts in respect there of \nwhich any municipal authority or an officer or other em ployee of the Municipality \nmight have done under this Act, if such attachment had not t aken place, and \nmay apply such Municipal Fund or the portion thereof, as the case may be, for \npayment of the arrear of the principal amount and the interest \nincurred on account of the attachment and subsequent proceeding : \n \nProvided that no such attachment shall defeat or prejudice any debt for the \nrecovery of which the Municipal fund was previously charged under any law for \nthe time being in force, and all such prior debt shall be paid out of the Municipal \nFund before any part thereof is applied for repayme nt of the money bor rowed \nfrom the State Government.", "footnote": "", "is_definition": false, "sort_order": 1130 }, { "number": "122", "title": "Section 122. Subject to such guidelines and procedure as the Central Government may", "chapter": null, "content": "lay down fr om time to time and with the previous approval of the State \nGovernment, the Municipality may issue tax -free Municipal Bonds for financing \nof projects for development of urban infrastructure.", "footnote": "", "is_definition": false, "sort_order": 1140 }, { "number": "123", "title": "Section 123. (1) A Municipality shall, if and when required forth purpose of raising funds", "chapter": null, "content": "through a Municipal Bond, arrange to have a credit rating of the municipal \nBonds by a Credit Rating Agency, duly approved by the Central Government or \nthe State Government, as the case may be, in this regard. \n \n(2) The Municipality shall provide to the Credit Rating Agency such information \nas it may require.", "footnote": "", "is_definition": false, "sort_order": 1150 }, { "number": "124", "title": "Section 124. The Municipality may pledge its movable and immovable assets including", "chapter": null, "content": "lands, buildings and revenues from tax i n special escrow accounts as security \nfor the Municipal Bonds issued for development of urban infrastructure.", "footnote": "", "is_definition": false, "sort_order": 1160 }, { "number": "125", "title": "Section 125. The Municipality may set up a Debt Service Reserve Fund by providing", "chapter": null, "content": "special grants from its surplus revenue or through capitalization of proceeds \nfrom Municipal Bonds to servic e bond-holders in case of default in payment of \nprincipal and interest for a period not exceeding two years.", "footnote": "", "is_definition": false, "sort_order": 1170 }, { "number": "126", "title": "Section 126. If and when required, tire Municipality may, for the purpose of issuing", "chapter": null, "content": "Municipal Bond, limit its future debt encumbrances by adoption of sui table debt \nservice coverage ratio as a minimum ratio in relation to its future cash flow \nProjections.", "footnote": "", "is_definition": false, "sort_order": 1180 }, { "number": "127", "title": "Section 127. The fund to be raised from the Municipal Bonds shall be used for capita l", "chapter": null, "content": "investment for development of urban infrastructure in the spheres of w ater-\nsupply, sewerage, solid waste management, markets, roads, bridges, and urban \ntransport, and for reforming and improving the efficiency of existing systems of \nmunicipal administration and for repayment of loans for the aforesaid purposes \nraised through earlier issues of municipal bonds or otherwise. \n \n \nMUNICIPAL REVENUE \nChapter-XV \nSources of internal Revenues", "footnote": "", "is_definition": false, "sort_order": 1190 }, { "number": "128", "title": "Section 128. The internal revenues of the Municipality shall consist", "chapter": null, "content": "of its receipts from tire following sources:- \n \n(a) taxes levied by the Municipality, \n(b) user charges levied for provision of civic services, and \n(c) fees and fi nes levied for performance of regulatory, and other statutory \nfunctions.", "footnote": "", "is_definition": false, "sort_order": 1200 }, { "number": "129", "title": "Section 129. (1) Subject to the provisions of section 10, the Municipality shall have, for", "chapter": null, "content": "money. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nIssue of Municipal \nBonds for \ndevelopment of \nurban infrastructure. \n \nCredit rating of \nMunicipal Bonds. \n \n \n \n \n \n \nPledging of \nMunicipal assets as \nsecurity for \nMunicipal Bonds. \nDebt Service \nReserve Fund. \n \n \n \nLimit to \nencumbrances \nthrough future debt. \n \n \nUse of proceeds \nFrom Municipal \nBonds. \n \n \n \n \n \n \n \n \n \n \nInternal revenues of \nMunicipal. \n \n \n \n \n \n \nPower to levy taxes. \n\nthe purposes of this Act, the power to levy the following taxes: \na. property tax on lands and buildings, \nb. Surcharges on transfer of lands and buildings, \nc. tax on deficit in parking spaces in any non-residential building, \nd. water tax, \ne. fire tax, \nf. *[ …deleted ] \ng. surcharge on entertainment tax, \nh. surcharge on electricity consumption within tire municipal area, \ni. tax on congregations, \nj. tax on pilgrims and tourists, and \nk. toll- \ni. on roads, bridges and ferries, and \nii. on heavy trucks which shall be heavy goods vehicles, and buses, \nwhich shall be heavy passenger motor vehicles, within the meaning \nof the Motor Vehicles Act, 1988, plying on a public street. \n*[ the entries ‘tax on advertisements, other than advertisements published in \nnewspapers’ has been deleted by the AP Goo ds and Services Tax Act,2017,Act \nNo 7 of 2017.s.173(1)] \n(2) Subject to the prior approval of the State Govern ment, the Municipality may, \nfor raising revenue for discharging its duties, and performing its functions, under \nthis Act, levy any other tax which the State Legislatu re has the power to le vy \nunder the Constitution of India. \n \n (3) The lev y, assessment and collection of taxes under this Act shall be in \naccordance with the provisions of this Act and the rules and the regulations \nmade there under.", "footnote": "", "is_definition": false, "sort_order": 1210 }, { "number": "130", "title": "Section 130. The Municipality shall levy under charges for-", "chapter": null, "content": "i. provision of water-supply, drainage and sewerage, \nii. solid waste management, \niii. parking of different types of vehicles in different areas and for different \nPeriods, \niv. stacking of materials or rubbish on public streets for construction, \nalteration, repair or demolition work of any type, and \nv. other specific services rendered in pursuance of the provisions of this \nAct, at such rates as may be determined from time to time by regulations: \n \nProvided that a Municipality may, having regard to the conditions \ncontaining in the municipal area , decide n ot to levy, or postpone the \nlevying of, any of the user charges as aforesaid : \n \nProvided further that the State Government may direct the Municipality to \nlevy any of the user charges as aforesaid, not levied, or postponed byte \nMunicipality. \n \n131.TheMunicipalityshallhavethepowertolevyfeesand fines in exercise of the \nregulatory powers vested in i t fees and by or under this Act or the rules or the \nregulations made there under for- \n \n(a) sanction of building plans and issue of completion certificates, \n(b) issue of municipal licenses for various non-residential uses of lands and \nbuildings, \n(c) licensing of – \ni. various categories of professionals such as Plumbers and \nsurveyors, \nii. various activities such as sinking of tube, wells, sale of meat, fish \nor poultry, or hawking of articles. \niii. animals, \niv. carts or carriages\" and \nv. such other activities as require a licence or permission under the \nprovisions of this Act, and \n \n(d) issue of birth and death certificates.", "footnote": "", "is_definition": false, "sort_order": 1220 }, { "number": "132", "title": "Section 132. The Municipality may levy a surcharge on a tax, or user charge, or fee on a", "chapter": null, "content": "premises used for non -residential purposes at such rate. being not less than \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to Levy of \ncharges. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to Levy fees \nand fines. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nLevy surcharge on \ntax or fee. \n\ntwenty five per cent an d not more than seventy five per cent, of such tax, user \ncharge or, fee, as the case may be, as may be determined by regulations.", "footnote": "", "is_definition": false, "sort_order": 1230 }, { "number": "133", "title": "Section 133. The Municipality may levy such development charge as may be determined", "chapter": null, "content": "by regulations, from time to time, on any residential building with a height of \nmore than fourteen meters, or any non -residential building, having regard to its \nlocation along a particular category of street, its use characteristics, and \nsanctioned built up area.", "footnote": "", "is_definition": false, "sort_order": 1240 }, { "number": "134", "title": "Section 134. The Municipality may, if so authorized by any other law for the time being in", "chapter": null, "content": "force, realize any tax, development charge, cess , or fee, imposed under that \nlaw, or any dues payable under that la w, in accordance with the provisions \nthereof. \n \n \nChapter - XVI \nTax on Lands and Buildings and \nrelated taxes other than property Tax", "footnote": "", "is_definition": false, "sort_order": 1250 }, { "number": "135", "title": "Section 135. (1) The Municipality may levy a surcharge on the transfer of lands and", "chapter": null, "content": "buildings situated within the mun icipal area as a percentage of stam p duty \nlevied on such transfer under the Indian Stamp Act, 1999. \n \n(2) The rate of surcharge, and the manner of- \na. collection of surcharge. \nb. payment of surcharge to the Municipality, and \nc. deduction of the expenses, if any, incurred by the State Govern ment in \ncourse of collection of surcharge, shall be such as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1260 }, { "number": "136", "title": "Section 136. (1) The Municipality m ay, by regulations, levy a tax on the deficits in the", "chapter": null, "content": "provision for parking spaces require for different types of vehicles in any non -\nresidential building. \n \n(2) The amount of tax sha11 be determined by multiplying the quantum of such \ndeficit in the area of parking spaces by the unit area value of land in the case of \nopen parking spaces or by the unit area value of covered space oaf building in \nthe case of covered parking spaces, as the case may be, as d etermined for the \nlevy of property tax under this Act.", "footnote": "", "is_definition": false, "sort_order": 1270 }, { "number": "137", "title": "Section 137. The Municipality may levy a water tax on any land or non-residential", "chapter": null, "content": "building as a percentage of properly tax as may be specified by regulations.", "footnote": "", "is_definition": false, "sort_order": 1280 }, { "number": "138", "title": "Section 138. The Municipality may levy a fire tax on any building as a percentage of", "chapter": null, "content": "property tax as may be specified by regulations : \n \nProvided that a surcharge may be levied on such fire tax at such rate as may be \nspecified by regulations for any non-residential building. \n \n \nChapter-XV[ \nTax on advertisements other than \nadvertisements in Newspapers and \nLicence fees for advertisement spaces", "footnote": "", "is_definition": false, "sort_order": 1290 }, { "number": "139", "title": "Section 139. ( 1) No person shall erect, exhibit, fix or retain upon or over any land,", "chapter": null, "content": "building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon sign or sky -\nsign any adv ertisement, or display any advertisement to public view in any \nmanner whatsoever (including any advertisement exhibited by means of \ncinematograph), visible fro m a public skeet or public place, in any place within \nthe municipal area without the permission, in writing, of the Chief Municipal \nExecutive Officer/ Municipal Executive Officer. \n \n(2) The Chief Municipal Executive Officer/ Municipal Executive Officer shal1 not \ngrant such permission, if- \n \n(a) a licence for the use of the particular site for the purpose of \n \n \n \nPower to levy \ndevelopment \ncharge. \n \n \n \nRealization of tax , \nfees, cess, etc. \nunder any other law. \n \n \n \n \n \n \n \nLevy of surcharge \non transfer of land \nand buildings. \n \n \n \n \n \n \n \n \nTax on deficits of \nparking spaces in \nnon-residential \nbuildings. \n \n \n \n \n \nWater tax. \n \n \n \nFire tax. \n \n \n \n \n \n \n \n \n \n \n \nProhibition of \nAdvertisements \nWithout written \npermission of \nthe Chief Municipal \nExecutive Officer/ \nMunicipal Executive \nOfficer. \n \n \n \n \n\nadvertisement has not been taken, or \n(b) the advertisement contravenes any provisions of this Act or the ru1es or \nthe regulations made thereunder or \n(c) the tax, if any, due in respect of the advertisement has not been paid. \n \n(3) No person shall broadcast any ad vertisement, on radio or television, without \nthe permission, in writing, of the Chief Municipal Executive Officer/Municipal \nExecutive Officer.", "footnote": "", "is_definition": false, "sort_order": 1300 }, { "number": "140", "title": "Section 140. (1) Except under, and in conformity with, such terms and conditions of a", "chapter": null, "content": "license as the Municipality may, b y regulations, provide, no person being the \nowner lessee, any site in any land, building or wall, or erect , or allow to be \nerected, on any site any hoarding, frame, post, kiosk, structu re, vehicle, neon-\nsign or sky-sign for the purpose of display of any advertisement. \n \n(2) For the purpose of advertisement, every person- \n \n(a) using any site before the commencement of this Act, within ninety days \nfrom the date of such commencement, or \n(b) intending to use any site, or \n(c) whose licence for use of any site is about to expire,shall apply for a \nlicence or renewal of licence, as the case may be, to the Chief Municipal \nExecutive Officer/ Municipal Executive Officer in such Form as m ay be \nspecified by the Municipality. \n(3) The Chief Municipal Executive Officer/ Municipal Exec utive Officer shall, \nafter making such inspections may be necessary and within thirty days of the \nreceipt of the application, grant or renew a licence, as the case may be, on \npayment of such fee as maybe determined by regulations, or refuse or cancel \nlicence, as the case may be. \n \n (4) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \nif, in his opinion, the proposed site for any advertisement is unsuitable from the \nconsiderations of public safety, traffic hazards or aesthetic desi gn, refuse to \ngrant a licence, or renew any existing licence, within thirty days of the receipt of \nthe application. \n \n(5) Every licence shall be for a period of one year exception the case of sites \nused for any temporary congregation of whatever nature incl uding fairs, \nfestivals, circus, yatra, exhibitions, sports events, or cultural or social \nprogrammes. \n \n(6) The Chief Municipal Executive Officer/ Municipal Executive Officer shall \ncause to be maintained a register wherein the licence issued under this section \nshall be separately recorded in respect of advertisement sites- \n \n(a) on telephone, telegraph, tram, electric or other posts or poles erected on \nor along public or Private streets or Public Places, \n(b) in lands or buildings, and \n(c) in cinema-halls, theatres or other places of public resort.", "footnote": "", "is_definition": false, "sort_order": 1310 }, { "number": "141", "title": "Section 141. ( 1 ) Every person, who erects, exhibits, fixes or retains upon or over any", "chapter": null, "content": "land, building, wall, hoarding, frame, post, kiosk, structure, vehicle, neon-sign or \nsky-sign any advertisement, or displays any advertisement to public view in any \nmanner whatsoever (including any advertisement exhibited by means of \ncinematograph ), visible from a public street or pubic place in any location in a \nmunicipal area including an airport or a port or a railway station, shall for every \nadvertisement, which is so erected, exhibited, fixed or retained or so displayed \nto public view , a tax calculated at such rate as may be determined by \nregulations : \n \nProvided that a surcharge, not exceeding fifty per cent of the rate of tax as \naforesaid, may be imposed on any advertisement on display in any temporary \ncongregation of whatever nature including fairs, festivals, circus, yatra, \nexhibitions, sports events, or cultural or social programmes. \n \n(2) Notwithstanding anything contained in subsection(1), no tax shall be levied \nunder this section on any advertisement which- \n \n \n \n \n \n \n \n \n \nLicence for use of \nsite for purpose o f \nadvertisement. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTax on \nadvertisement. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(a) relates to a public meeting or to an election to Parliament or the State \nLegislature or the Municipality or any other local authority or to \ncandidature in respect of such election, or \n(b) is exhibited within the window of any building, if the advertisement relates \nto any trade, profession or business carried on in the building, or \n(c) relates to any trade, profession or business carried on within the land or \nthe building upon or over which such advertisement is exhibited or to any \nsale or letting of such land or building or any effects therein or to any \nsale, entertainment or meeting to be held on, upon or in such land or \nbuilding, or \n(d) relates to the name of the land or the building upon or over which the \nadvertisement is exhibited or the name of the owner or the occupier of \nsuch land or building, or \n(e) relates to the business of any airport or port or railway administration, \nand is exhibited within such airport or port or railway station or upon any \nwall or other property of an airport, port or railway station, or \n(f) relates to any activity of the Central Government or the State \nGovernment or any local authority. \n \n(3) The tax on any advertisement l eviable under this section shall be payable in \nadvance in such instalments , and in such manner, as may be determined by \nregulations; \n \nProvided that the Municipality may under such terms and conditions of licence \nas may be determined by regulations under section 140, require the licensee to \ncollect, and to pa y to the Municipality\" subject to a deduction of five per cent of \nthe tax, to be kept by him as collection charges, the amount of tax in respect of \nsuch advertisements as are displayed on any site for which the licence has been \ngranted.", "footnote": "", "is_definition": false, "sort_order": 1320 }, { "number": "142", "title": "Section 142. Any permission under section 139 shall be void,-", "chapter": null, "content": "(a) if the advertisement contravenes the provisions of any regulations made \nunder this Act, or \n(b) if any material change is made in the advertisement or any part thereof \nwithout the previous permission of the Chief Municipal Executive \nOfficer/Municipal Executive Officer, or \n(c) if the advertisement or any part thereof falls otherwise than by accident, \nor \n(d) if, due to any work by the Central Govern ment, the State Government, \nor the Municipality, or by any statutory authority, the ad vertisement is \nrequired to be displaced.", "footnote": "", "is_definition": false, "sort_order": 1330 }, { "number": "143", "title": "Section 143. Any licence granted under section 140 shall be void,-", "chapter": null, "content": "(a) if the licensee contravenes any of the terms and conditions of licence, or \n(b) if any addition or alteration is made to, or in, the land , building, wall, \nhoarding, frame, post, kiosk, structure , vehicle, neon -sign or sky -sigh, \nupon or over which the advertisement is erected, exhibited, fixed or \nretained, or \n(c) If the land, building, wail, hoarding, frame, post, kiosk, structure, vehicle\" \nneon-sign or sky-sign over which the advertisement is erected, exhibited, \nfixed or retained or demolished or destroyed.", "footnote": "", "is_definition": false, "sort_order": 1340 }, { "number": "144", "title": "Section 144. Where any advertisement has been erected, exhibited, fixed or retained", "chapter": null, "content": "upon or over any land, building, wall, hoarding , frame, post. kiosk, structure, \nvehicle, neon sign or sky -sign or displayed to public street or pub lic place in \ncontravention of the provisions of this Act or the regulations made there under it \nshall be presumed, unless the contrary is proved, that the contravention has \nbeen made by the per son or persons on whose behalf the advertisement \npurports to be or the agents of such person or persons.", "footnote": "", "is_definition": false, "sort_order": 1350 }, { "number": "145", "title": "Section 145. If any advertisement is erected, exhibited, fixed or retained in contravention", "chapter": null, "content": "of the provisions of this Actor the regulations made thereunder, t he Chief \nMunicipal Executive Officer/ Municipal Executive Officer may require the owner \nor the occupier of the land, building, wall, hoarding, frame, post, kiosk, structure, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPermission of the \nChief Municipal \nExecutive Officer \nMunicipal Executive \nOfficer to be void in \ncertain cases. \n \n \n \n \n \n \n \nLicence for use of \nsite for purpose of \nAdvertisement to be \nvoid in certain \ncases. \n \n \n \n \n \n \nPresumption in case \nof contravention. \n \n \n \n \n \n \nPower of the Chief \nMunicipal Executive \nOfficer/Municipal \nExecutive Officer in \n\nvehicle, neon -sign or sky -sign, fixed or retained to take down or remove such \nadvertisement or may enter any land, building or other property and cause the \nadvertisement to be dismantled, taken down, removed, spoiled, defaced or \nscreened. \n \nExplanation I. - The word “structure\" in this chapter shall include any movable \nboard on wheels used as on advertisement or advisement medium. \n \nExplanation II.- The word \"advertisement\", in relation to a tax on advertisement \nunder this Act, shall mean any word, letter, model, sign, neon -sign, sky -sign, \nplacard, notice, device or representation, whether illuminated or not, in the \nnature of, and employed wholly or in part for the purposes of, advertisement, \nannouncement or direction.", "footnote": "", "is_definition": false, "sort_order": 1360 }, { "number": "146", "title": "Section 146. Notwithstanding any other action that may be taken against the owner or", "chapter": null, "content": "the occupier of any land or building, upon or over which there is any hoarding, \nframe, post, kiosk , structure, vehicle, neon - sign or sky -sign for erecting any \nadvertisement in contravention of the provisions of this Act or the regulations \nmade thereunder, or the person who own s such hoarding, frame, post, kiosk, \nstructure, vehicle, n eon-sign or sky -sign, the Chief Municipal Executive Officer \nMunicipal Executive Officer may, for removal and s torage of such hoarding, \nframe, post, kiosk, structure, vehicle, neon -sign or sky -sign, realize from such \nperson such charges as may be fixed by the Empowered Standing Committee \nfrom time to time. \n \n \n \n \nChapter-XVlII \nOther Taxes and Tolls", "footnote": "", "is_definition": false, "sort_order": 1370 }, { "number": "147", "title": "Section 147. (1) Subject to the approval of the State Government, the Municipality may", "chapter": null, "content": "levy a surcharge on any tax levied by the State Government on any \nentertainment or amusement within tire municipal area. \n \n(2) The rate of surcharge and the manner of- \n \n(a) collection of the surcharge, \n(b) payment of the surcharge to the Municipality, and \n(c) Deduction of the expenses, if any, incurred by the State Government in \ncourse of collection of the surcharge, shall be as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1380 }, { "number": "148", "title": "Section 148. Subject to the approval of the State Government, the Municipality may levy", "chapter": null, "content": "a surcharge on consumption of electricity within the municipal area at such rates \nas may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 1390 }, { "number": "149", "title": "Section 149. (1) The Municipality m ay levy a tax per head or per vehicle for providin g", "chapter": null, "content": "municipal services to persons or vehicles visiting the municipal area for the \npurpose of tourism or in c onnection with any congregation of whatever nature, \nincluding pilgrimage, fair, festival, circus or yatra, within a municipal area for \npersons or vehicles assembling within the municipal area for the purpose : \n \nProvided that such tax shall not be levied for persons or vehicle s passing \nthrough the municipal area. \n \n(2) The tax for the purposes of sub-section (1) shall be as may be determined by \nthe Municipality from time to time a nd shall not exceed the levy on passengers \ntherein. \n \n(3) The Municipality may make regulations specifying the occasions on which \nsuch levy may be imposed and the rate of lev y, the mode of c ollection, and the \nother matters incidental thereto.", "footnote": "", "is_definition": false, "sort_order": 1400 }, { "number": "150", "title": "Section 150. The Municipality may, with tire sanction of the State Govern ment, establish", "chapter": null, "content": "a toll-bar on any public street in the municipal area and levy a toll at such toll-bar \ncase of \ncontravention. \n \n \n \n \n \n \n \n \n \n \n \n \nRemoval of poster, \nhoarding, etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSurcharge on tax on \nentertainment. \n \n \n \n \n \n \n \n \n \nSurcharge electricity \non consumption. \n \n \nTax on tourists and \ncongregations. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nToll on roads. \n \n\non vehicles at such rate as may be determined by the State Government from \ntime to time.", "footnote": "", "is_definition": false, "sort_order": 1410 }, { "number": "151", "title": "Section 151. (1) The Municipality may, with the sanction or the Stare Government,", "chapter": null, "content": "establish a toll-bar, and levy tolls, on any bridge at which tolls may be lev ied on \nvehicles, carriages and carts passing over such bridge: \n \n Provided that no such toll -bar be established , or tolls levied, ot herwise than \nfor the purpose of recovering the ex penses incurred in construction of such \nbridge together with interest on such expenses and in maintaining such bridge in \ngood repair. \n \n (2) The State Government may, with the consent of a Municipality make over \nto that Municipality any existing toll-bar on a br idge within the municipal area to \nbe admini stered by the Munici pality and, thereupon, the Mun icipality shall \nadminister such toll-bar unt il the State Government directs otherwise. Every \nsuch toll-bar, while so administered, shall be deemed to be a municipa l toll-bar, \nand the profits derivable there from or such parts thereof as shall be agreed \nupon between the State Government and the Municipality shall be credited to \nthe Municipal Fund.", "footnote": "", "is_definition": false, "sort_order": 1420 }, { "number": "152", "title": "Section 152. (1) The Munic ipality may levy toil on heavy trucks and buses referred to in", "chapter": null, "content": "sub-clause (ii) of clause (1) of sub-section (1) of section 129, plying on a public \nstreet. \n \n(2) The rate of toll for the purposes of sub -section (1) shall be s uch as may be \ndetermined by the Municipality by regulations from time to time. \n \n(3) The Municipality may make regulations providing for the mode of collection \nof toll and other matters incidental thereto.", "footnote": "", "is_definition": false, "sort_order": 1430 }, { "number": "153", "title": "Section 153. (1) Where a ferry plies between two points on a watercourse and either one", "chapter": null, "content": "or both the points are situated within a muni cipal area, the S tate Government \nmay, after conside ring the views of the concerned Municipality, decla re such \nferry to be a municipal ferry, and, thereupon, the profits derivable from the plying \nof such shall be credited to the Municipal Fund. \n \n(2) Due compensation shall be given by the conce rned Municipality to a ny \nperson for the loss which he may have sustain ed as a result of a ferry being \ndeclared to be a municipal ferry.", "footnote": "", "is_definition": false, "sort_order": 1440 }, { "number": "154", "title": "Section 154. Subject to the provisions of any Central or State law, relating to the", "chapter": null, "content": "administration of public ferries, the Municipality shall specify by regulations- \n \n(a) the terms and conditions for granting of lease of municipal ferries in \nfavour of private parties, \n(b) the rates of tolls to be established and published for such municipal \nferries, \n(c) the grounds for cancellation of ferry leases, \n(d) the administration of a mun icipal ferry involving another Municipality or \nlocal authority, \n(e) provisions for safety and convenience of passengers and goods, and \n(f) Provisions for exemptions from payment of toll for municipal ferries in the \ncase of authorized representatives and properti es of the Central \nGovernment or the State Government or the Municipality.", "footnote": "", "is_definition": false, "sort_order": 1450 }, { "number": "155", "title": "Section 155. (1) If, the State Gove rnment, at any time, declares that the provisions of", "chapter": null, "content": "any law relating to canals or any other law for the tim e being in force are \napplicable to any navigab le channel which passes through the limits of a \nmunicipal area, that Gover nment may with the consent of the concerned \nMunicipality, appoint such Municipality to collect tolls in accordance with t he \nprovisions of such law until the State Govern ment otherwis e directs, and the \nprofits derivable ther e from, or such part thereof as may be agreed upon \nbetween the State Government and the Municipality, shall be credited to the \nMunicipal Fund. \n \n(2) In every such case, the Municipality shall exercise all the powers vested in \n \n \n \n \nToll on bridges. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nToll on heavy truck \nand bus, Declaration \nof ferries as \nmunicipal ferries. \n \n \n \n \n \n \nDeclaration of ferries \nas municipal ferries. \n \n \n \n \n \n \n \n \nAdministration of \nmunicipal ferries. \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipality to \ncollect tolls in \nnavigable channel. \n \n \n \n \n \n \n \n \n\nthe Collector under the law as aforesaid. \n \n \nChapter-XIX \nPayment and Recovery of Taxes \n \nA. Recovery of Taxes by Municipality", "footnote": "", "is_definition": false, "sort_order": 1460 }, { "number": "156", "title": "Section 156. Save as otherwise provi ded in this Act, any tax levied under this Act may", "chapter": null, "content": "be recovered in accordance with the following procedure and in such manner as \nmay be determined by regulations :- \n \n(a) by presenting a bill, or \n(b) be serving a notice of demand, or \n(c) by distraint and sale of a defaulter’s movable property, or \n(d) by attachment and sale of a defaulter’s immovable property, or \n(e) in the case of property tax on any land or building, by attachment of rent \ndue in respect of such land or building, or \n(f) By a certificate under any law for the time being in force regulating the \nrecovery of any dues as public demand.", "footnote": "", "is_definition": false, "sort_order": 1470 }, { "number": "157", "title": "Section 157. (1) Save as ot herwise provided in this Act, any tax levied under this Act", "chapter": null, "content": "shall be payable on such date, in such number of instalments , and in such \nmanner, as may be determined by regulations. \n \n(2) If any amount due is paid on or before the date referred to in sub-section (I), \na rebate of five per cent of such amount shall be allowed.", "footnote": "", "is_definition": false, "sort_order": 1480 }, { "number": "158", "title": "Section 158. (1) When any tax has become due, the Chief Municipal Executive Officer/", "chapter": null, "content": "Municipal Executive Officer shall cause to be present ed to the person liable for \nthe permanent thereof a bill for the amount due : \n \nprovided that no such bill shall be necessary \nin the case of- \n(a) a tax on advertisements, \n(b) a tax on tourists and congregations, and \n(c) a toll : \n \nProvided further that for the purpose of recovery of any tax by the \npreparation and presentation of a bill or notice of demand and the \ncollection of tax in pursuance thereof , the Emp owered Standing \nCommittee may, w ith the approval of the Municipality, entrust the work \ntony agency under any law for the time being in force , or to any other \nagency, on suc h terms and conditions as may be specified by \nregulations. \n \nExplanation I. - A bill shall be deemed to be presented under this section if it is \nsent by post under certificate of posting or by courier agency or be electronics \nmail to the person liabl e for payment of the amount included in the bill, and , in \nsuch case, the date of certificate of posting, or the date on which it is delivered \nby date of certificate or by electronic mail shall be deemed to be the date of \npresentation of the bill to such person. \n \nExplanation II . - “courier agency\" shall mean any agency engaged in door \ndelivery of time -sensitive documents , uti lizing the services of a person , either \ndirectly or indirectly, to carry such documents. \n \nExplanation III. - “electronic mail\" shall include-mail or facsimile transmission. \n \n(2) Every such bill shall specify the particulars of the tax and the period to which \nthe bill relates.", "footnote": "", "is_definition": false, "sort_order": 1490 }, { "number": "159", "title": "Section 159. To ensure payme nt and recovery of its tax dues, the Municipality shall, by", "chapter": null, "content": "regulations, provide for- \n \n(a) issue of noti ce of demand, charging of notice fee, levy of interest of \n \n \n \n \n \n \n \n \nManner of \nrecovery of \ntaxes under the \nAct. \n \n \n \n \n \n \n \n \n \n \nTime and manner of \npayment of taxes. \n \n \n \n \n \nPresentation of bill. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRegulations \nregarding p ayment \nand recovery of tax. \n \n\ndelayed payment at a rate as may be specified, and the amount of \npenalty therefore, \n(b) issue of w arrant for attachment, distress, and sale of movable property \nfor recovery of tax dues, \n(c) attachment and sale of immovable property for recovery of tax dues, and \n(d) Recovery of dues from a person about to leave the Municipal area.", "footnote": "", "is_definition": false, "sort_order": 1500 }, { "number": "160", "title": "Section 160. (1) For the purpose of recovery of property tax on any land or building from", "chapter": null, "content": "any occupier, the Chief Municipal Executive Offi cer Municipal Executive Officer \nshall, notwithstanding anything contained in any State law relating to premises \ntenancy or any other law for the time being in force, cause to be served on such \noccupier a notice requiring him to pay to the Municipality any rent due, or falling \ndue, from him in respect of the land or the building to the extent necessary to \nsatisfy the portion of the sum due for which he is liable under the said section. \n \n(2) Such notice shall operate as an attachment of such rent unless the portion of \nthe sum due shall have paid and satisfied, and the occupier shall be entitled to \ncredit in account with the person to whom such rent is due, any sum paid by him \nto the Municipality in pursuance of such notice: \n \nProvided that if the person to who m such rent is due is not the person primarily \nliable for payment of the tax o n land or building, he shall be entitled to recover \nfrom the person primaril y liable for payment o f such tax any amount for which \ncredit is claimed. \n \n(3) If any occupier fails to pay to the Municipality any rent due or falli ng due \nwhich he has been required to pay in pursuance of a notice served upon him as \naforesaid, the amount of such rent may be recovered from him b y the \nMunicipality as an arrear of tax under this Act.", "footnote": "", "is_definition": false, "sort_order": 1510 }, { "number": "161", "title": "Section 161. ( 1) If any money is du e under this Act from the owner of any land or", "chapter": null, "content": "building on account of tax on such land or building or a ny other tax, expense or \ncharge recoverable under thi s Act, and if the owner of such land or build ing is \nunknown or the ownership thereof is disputed, the Municipal Executive Officer \nmay publish twice, at an interval of not less than two months, a notific ation of \nsuch dues interval of not less than two months, a notification of such dues and \nof sale of such land or building for realization thereof, and may, after the expiry \nof not less than one month from the date of last publication of such notification, \nunless the amount recoverable last publication of such notification, unless the \namount recoverable is paid, sale such land or building by public auction to the \nhighest bidder, who shall deposit, at the time of sale, twenty -five per cent of the \npurchase money, and the balance thereof within thirty days of the date of sale. \nSuch notification sha ll be published in the Official Gazette and in loc al \nNewspapers and by displaying on the land or the building concerned. \n \n(2) After deducting the amount due to the Municipality as aforesaid, the surplus \nsale proceeds, if any , shall be credited to the Municipal Fund and may be paid, \non demand, to any person who establishes his right thereto to the satisfaction of \nthe Chief Municipal Executive Officer / Municipal Executive Officer or a court of \ncompetent jurisdiction. \n \n(3) Any person may pay the amount due at any time before the complet ion for \nthe sale, whereupon the sale be abandoned. Such person may recover such \namount by a suit in a court of competent jurisdiction from any person beneficially \ninterested in such land or building.", "footnote": "", "is_definition": false, "sort_order": 1520 }, { "number": "162", "title": "Section 162. (1) When any sum is due from any person on account of-", "chapter": null, "content": "(a) Tax on adv ertisements other than the advertisements published in \nNewspapers. Or \n(b) any other tax, fee or charge liveable under this Act, the Chief Municipal \nExecutive Officer/ Municipal Executive Officer may either prosecute such \nperson, if prosecution lies under the provisions of this Act, or cause to be \nserved on such person a notice of demand in such Form as may be \nspecified by regulations or in such other Form as the Chief Municipal \nExecutive Officer/ Municipal Executive Officer may deem fit. \n \n \n \n \n \n \n \nRequirement of \npayment of rent by \noccupier towards tax \ndue on land or \nbuilding. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRecovery of property \ntax on land and \nbuilding or any other \ntax or charge when \nowner of land or \nbuilding is unknown \nor ownership is \ndisputed. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of Chief \nMunicipal Executive \nOfficer/Municipal \nExecutive Officer to \nprosecute or serve \nnotice of demand. \n \n \n \n \n\n \n(2) The provisions of section 159 shall apply mutatis mutandis, to every such \nrecovery of sum due.", "footnote": "", "is_definition": false, "sort_order": 1530 }, { "number": "163", "title": "Section 163. The Municipality may, by order, strike off the books of the Municipality at", "chapter": null, "content": "any sum due on account of the property tax or any other tax or on any other \naccount which may appear to it to be irrecoverable. \n \nB. Recovery of Tax on Lands or Buildings by person Primarily Liable to \npay to the Municipality", "footnote": "", "is_definition": false, "sort_order": 1540 }, { "number": "164", "title": "Section 164. (1) Save as otherwise provided in this Act, the person primarily liable to pay", "chapter": null, "content": "the property tax in respect of any land or building may recover,- \n \n(a) If there be but one occupier of the land or the building , from such \noccupier half of the tax so paid. and, if there be more than one occupier, \nfrom each occupier half of such sum as bears to the entire amount of tax \nso paid by the o wner the same proportion as the value of the portion of \nthe land or the building in the occupation of such occupier bears to the \nentire value of such land or building : \n \nProvided that if there be more than one occupier, such half of the amount \nmay be appor tioned and recovered from each such occupier in such \nproportion as the annual value of the portion occupied by him bears to \nthe total annual value of such land or building; and \n(b) the entire amount of the surcharge on the property tax on any land or \nbuilding from the occupier of such land or building who uses it for \ncommercial or non-residential purposes : \n \nProvided that if there is more than one occupier, the amount of surcharge \non the property tax may be apportioned and recovered from each such \noccupier in s uch proportion as the annual value of the portion occupied \nby him bears to the total annual value of such land or building. \n \n(2) Notwithstanding anything contained in subsection (1), if as a result of the \ndetermination of the annual value of any land or bu ilding and the imposition of \nthe property tax thereon under this Act for the first time, there is an increase in \nthe amount of tax payable in respect of such land or building from the amount of \ntax previously payable under this chapter, the person primaril y liable to pay the \nproperty tax may recover the difference in the amount due to such increase from \nthe occupier of such land or building.", "footnote": "", "is_definition": false, "sort_order": 1550 }, { "number": "165", "title": "Section 165. If any person primarily liable to pay any property tax on any land or building", "chapter": null, "content": "or surcharge thereon is entitled to recover part of such property tax or surcharge \nthereon from an occupier of such land or building, he shall have for recovery \nthereof the same rights and remedies as if such part of the property tax or the \nsurcharge thereon were rent payable to him by such occupier. \n \n \nChapter-XX \nCommercial Projects", "footnote": "", "is_definition": false, "sort_order": 1560 }, { "number": "166", "title": "Section 166. The Municipality may, either on its own or through public or private sector", "chapter": null, "content": "agencies, undertake the planning , construc tion, operation, maintenance or \nmanagement of commercial infrastructure projects, incl uding district centres, \nbus or truck terminals and tourist lodges with commercial complexes a nd any \nother type of commercial projects on commercial basis. \n \nURBAN ENVIRONMENTAL INFRASTRUCTURE AND SERVICES \n. \nChapter-XXI \nPrivate Sector Participation Agreement and \nAssignment to other Agencies", "footnote": "", "is_definition": false, "sort_order": 1570 }, { "number": "167", "title": "Section 167. Notwithstanding anything contained elsewhere in this Act , but subject to", "chapter": null, "content": "the provisions of any State law relating to pl anning, development, operation, \nmaintenance and management of municipal infrastructure and servic es, a \nMunicipality may in the discharge of its functions specified in section 47, section \n \n \n \n \n \n \nCancellation of 163 \nIrrecoverable dues. \n \n \n \nApportionment of \nproperty tax on \nlands and buildings \nby person primarily \nIiable to pay. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMode of recovery. \n \n \n \n \n \n \n \n \nCommercial projects \nand receipts there \nfrom. \n \n \n \n \n \n \n \n \n \nUndertaking of \nproject by \nMunicipality or by \nother agency. \n\n48, and section 49,- \n \n(a) Promote the undertaking of any project for supply of urban environmental \ninfrastructure or services by participation of a company, firm, society, trust or \nanybody corporate or any institution. or Government agency or any agency \nunder any other law for the time being in force, in financing, construction, \nmaintenance and operation of such project of a Municipality irrespective of \nits cost, \n(b) consider and approve the undertaking of any project relating to urban \nenvironmental infrastructure or services by a company, or firm, or society or \nbody corporate in terms of a private sector participation agreement or jointly \nwith any such agency, and \n(c) Consider and approve the undertaking of any project relating to urban \nenvironmental infrastructure or services by any institution, or Government \nagency under any other law for the time being in force, or jointly with any \nsuch agency.", "footnote": "", "is_definition": false, "sort_order": 1580 }, { "number": "168", "title": "Section 168. (1) Private sector partici pation agreements shall be such as may be", "chapter": null, "content": "prescribed. \n \n(2) Without prejudice to the generality of the foregoing provisions of this section, \nsuch agreements shall include the following: \n \n(a) Build-Own-Operate-Transfer Agreement, \n(b) Build-Own-Operate Maintain Agreement, \n(c) Build and Transfer Agreement, \n(d) Build-Lease-Transfer Agreement, \n(e) Build-Transfer-Operate Agreement, \n(f) Lease and Management Agreement, \n(g) Management Agreement, \n(h) Rehabilitate-Operate-Transfer Agreement, \n(i) Rehabilitate-Own-Operate Maintain Agreement, \n(j) Service Contract Agreement, and \n(k) Supply-Operate-Transfer agreement.", "footnote": "", "is_definition": false, "sort_order": 1590 }, { "number": "169", "title": "Section 169. In the discharge of its obligations for providing urban environmental", "chapter": null, "content": "infrastructure and services in relation to water- supply, drainage and sewerage, \nsolid waste management , commu nication systems and commercial \ninfrastructure, the Municipality may, wherever considered appropriate in the \npublic interest,- \n \n(a) discharge any of its obligations on its own, or \n(b) Enter into any private sector participation agreement. \n \n \nChapter – XXII \nWater-Supply \nA. General", "footnote": "", "is_definition": false, "sort_order": 1600 }, { "number": "170", "title": "Section 170. In this chapter, unless the context otherwise requires'-", "chapter": null, "content": "(a) where the premises supplied with water abuts on the part of the street in \nwhich the main is laid, and the service pipe enters those premises \notherwise than through the outer wall of a building, abutting on the street \nand has a stopcock placed in those premises and as near to the \nboundary of that street as is reasonably practicable, so much of the \nservice pipe as lies between the main and such stopcock, and \n(b) in any other case, so much of the service pipes lies between the main \nand the boundary of the street in which the main is laid, and includes the \nfemale at the junction of the service pipe with the main, and also \nincludes, - \n \ni. where the communication pipe ends at a stopcock, such stopcock, and \nii. any stopcock fi tted on the communication pipe between the end thereof \nand the main; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions assigned \nto Municipality or \nother agencies. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDefinitions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(2) \"main\" means a pipe laid by the Municipality for the purpose of givi ng a \ngeneral supply of water as distinct from a supply to individual con sumers, and \nincludes any apparatus used in the connection with such Pipe; \n \n (3) \"service -pipe\" means so much of any pipe for supplying water fr om a \nmain to any premises as is subject to water -pressure from that main, or would-\nbe so subject but for the closing of any tap; \n \n(4) \"supply-pipe\" means so much of any service pipe as \nis nor a communication pipe; \n(5) \"trunk-main\" means a main constructed for the purpose of c onveying water \nfrom a source of supply to a filter or reservoir or from one filter or reservoir to \nanother filter or reservoir, or for the purpose of conveying water in bulk from one \npart of the limits of supply to another part of such limits, or for the purpose of \ngiving, or taking, a supply of water in bulk, \n \n(6) \"water -fittings\" inc ludes pipes (other than mains), taps cocks, valves, \nferrules, meters, cisterns, baths and other similar apparatus used in connection \nwith the supply and use of water. \n \nB. Functions in Relation to Water-supply", "footnote": "", "is_definition": false, "sort_order": 1610 }, { "number": "171", "title": "Section 171. ( 1) It shall be the duty of th e Municipality to rake steps , from time to time,", "chapter": null, "content": "either on its own or through any other agency,- \n \n(a) to ascertain the sufficiency and wholesomeness of water supplied within \nthe Municipal area, \n(b) to provide, or to arrange to provide, a supply of wholesome water in \npipes to every pa rt of the Municipal area in which there are houses, for \ndomestic purposes of the occupants thereof, and for taking the pipes \naffording that supply to such point or points as will enable the houses to \nbe connected thereto at a reasonabl e cost, so, however, that the \nMunicipality shall not be required to do anything which is not practicable \nat a reasonable cost or to provide such supply to any part of the \nMunicipal area where supply is already available at such point or points, \nand \n(c) to provide, as far as possible, supply of wholesome water otherwise than \nin pipes to every part of the Municipal area in which there are houses, for \ndomestic purposes of the occupants thereof, and to which it is not \npracticable to provide supply in pipes at a reasonable cost, and in which \ndanger to health may arise from the insufficiency or unwholesomeness of \nthe existing supply and a public supply is required and may be provided \nat a reasonable cost, and to secure that such supply is available within a \nreasonable distance of every house in that part' \n \n (2) If any question arises under clause (b) of subsection (1) as to whether \nanything is or is not practicable at a reasonable cost or as to the point or points \nto which pipes must be taken in order to enable houses to be connected to such \npoint or points at a reasonable cost, or, if any question \narises under clause (c) of that sub-section as to whether a public supply may be \nprovided at a reasonable cost, such question shall be decided by the \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 1620 }, { "number": "172", "title": "Section 172. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may,", "chapter": null, "content": "on an application by the owner, lessee or o ccupier or any building' either on his \nown or through any other agency' arrange for supply of wate r from the nearest \nmain to such building for domestic purposes in such quantity \nas may be deemed t o be reasonable and may' at any time., limit the q uantity of \nwater to be supplied whenever considered necessary: \n \n Provided that the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may' by order in writing, delegate the responsibility of receiving the \napplication to any other agency. \n \n (2) For the water supplied under sub -section (1) payment shall be made at \nsuch rate as may be fixed by the Municipal from time to time: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuty of Municipality \nto supply water. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSupply of water to \nConnected \npremises. \n \n \n \n \n \n \n \n \n \n \n \n\n Provided that such rate shall, as far as practicable, cover the costs on \naccount of management, operation, maintenance, depreciation, debt servicing, \nand other charges related to waterworks and distribution costs, including \ndistribution-losses, if any. \n \n (3) A supply of water for domestic purposes shall be deemed not to include \na supply- \n \n(a) to any institutional building, assembly building, business building, \nmercantile building, industrial building, storage building, or hazardous \nbuilding, referred to in clause (2) of section 339, or any part of such \nbuilding, other than that used as a residential building, or educational \nbuilding, within the meaning of sub -clause (a), or sub -clause (b), of \nclause (2) of that section, \n(b) for building purposes, \n(c) for watering roads and paths, \n(d) For purposes of irrigation, \n(e) for gardens, foun tains, swimming pools, or for any orn amental or \nmechanical purpose, or \n(f) for animals or for washing vehicles where such animals or vehicles are \nkept for sale or hire.", "footnote": "", "is_definition": false, "sort_order": 1630 }, { "number": "173", "title": "Section 173. (l) The Chief Municipal Executive Officer Municipal Executive Officer or the", "chapter": null, "content": "other agency, as the case may be, may, on receiving an application, in writing, \nspecifying the purpose for which the supply of water is required and the quantity \nwhich is likely t o be consumed, supply water for any purpose other than \ndomestic purpose, on such terms and conditions, including the condition of \nwithdrawal of water, as may be determined by regulations. \n \n (2) For the water supplied under sub -section (I), payment shall be made at \nsuch rate as may be fixed by the Municipality from time to time. \n \n (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may \nwithdraw such supply at any time, if he thinks it necessary so to do, in order to \nmaintain a sufficient supply of water for domestic Purpose.", "footnote": "", "is_definition": false, "sort_order": 1640 }, { "number": "174", "title": "Section 174. (1) When an application under section, 172 or section 1 73 has been", "chapter": null, "content": "receive, all necessary communication pipes and fittings sha ll be supplied by the \nMunicipality or the other, Agency, as the case may be, and the work of laying \nand connecting such communication pipes and fittings shall be executed under \nthe orders of the Chief Municipal Executive Officer/ Municipal Executive Officer \nor the other agency, as the case may be. \n \n (2) The cost of maki ng such connections and of such communications \npipes and fittings and bf the work of laying and connecting such communication \npipes and fittings shall be pai d by the ow ner or the person making such \napplication. \n \n (3) Notwithstanding anything containe d in subsection (1), the Chief \nMunicipal Executive officer/ Municipal Executive Officer may require any owner, \nor the person applying for supply of water, to provide, to his satisfaction, all \nCommunication pipes and fittings, and to carry out at the owner' s or the \napplicant’s cost and under his supervision and inspection the work of laying and \ncorrecting such communication pipes and fittings. \n \n (4) Where it is practicable of supply water at a reasonable cost within the \nmeaning of sub -section (2) of se ction 17 1 , the work relating to making of \ncorrection and fixing of communication pipes and fittings shall be executed \nwithin a period of one month from the date of receipt of the application referred \nto in sub-section (1). \n \n (5) The co st rec overed under this section for m aking connection and \nsupplying communication pipes and fittings shall be spent only on works relating \nto water-supply.", "footnote": "", "is_definition": false, "sort_order": 1650 }, { "number": "175", "title": "Section 175. (1) The Municipality may\" in exceptional circumstances, either on its own or", "chapter": null, "content": "Supply of water for \nnon-domestic \npurposes. \n \n \n \n \n \n \n \n \n \n \n \nProvision of \nCommunication \npipes and fittings. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nWater-supply \n\nthrough other agency, provide free of cost, supply of w holesome water to the \npublic within the municipal area and may, for the said purpose, erect public \nhydrants or stand-posts or other conveniences. \n \n (2) The Municipality may order the closure of a public hydrant, stand-post or \nother conveniences for reasons to be recorded in writing. \n \n (3) The Municipality may either on its own or through other agency provide \nfor safety, maintenance and use of such public hydrants, stand -posts or other \nconveniences, subject to such conditions as may be specified by regulations.", "footnote": "", "is_definition": false, "sort_order": 1660 }, { "number": "176", "title": "Section 176. (1 ) The Chief Municipal Executive Officer/ Municipal Executive Officer", "chapter": null, "content": "shall, either on his own or throug h other agency, fix hydrants on water -mains, \nother than trunk mains, at such places as may be m ost convenient for affording \nsupply of water for ext inguishing any fi re, and shall keep in good order suc h \nhydrants, and may, from time to time, renew every such hydrant. \n \n (2) Lett ers, marks or figures shall be displayed prominently on a wall, \nbuilding or oth er structure near every such hydrant to denote the situation of \nsuch hydrant. \n \n (3) As soon as the work relating to any hydrant is completed, the Chief \nMunicipal Executive Officer/Municipal Executive Officer or the other agency, as \nthe case may be, shall deposit a key thereof at the nearest place where a public \nfire engine is kept and in such other places as he may deem necessary. \n \n (4) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \nat the request and expense of the owner or the occupier of any building referred \nto in clause (a) of sub-section (3) of section 172, which is situated in or near a \nstreet in which pipe, not being a trunk main, is laid, and being c \nsufficient dimensions to carry a hydrant, f ix on the pipe, and deep in good order \nand, from time to time, renew, on or more fire hydrants as near t o such building \nas may be convenient, to be use only for extinguishing fire. \n \n (5) The Chief Municipal Executive Officer/ Municipal Executive Officer shall \nallow any p erson to take water for extinguishing fire from any pipe on w hich a \nhydrant is fixed without any payment.", "footnote": "", "is_definition": false, "sort_order": 1670 }, { "number": "177", "title": "Section 177. (1) The Municipality may , subject to the satisfaction of the reasonable", "chapter": null, "content": "requirements of water within the municipal area, supply water to a local authority \nor any person outside the municipal area either by itself or through any other \nagency. \n \n (2) The supply of water under sub-section (1) shall be at such rate, not being \nless than the cost of production and d elivery, including the costs of d ebt \nservicing, depreciation of plant and machinery distribution-loss, and other \ncharges' if any' as the Municipality may, from time to time, determine. \n \n \nC. Planning, Construction, Maintenance \nand Management of Waterworks.", "footnote": "", "is_definition": false, "sort_order": 1680 }, { "number": "178", "title": "Section 178. Subject to the provisions of chapter XXI all public tanks, reservoir, cisterns,", "chapter": "chapter XXI", "content": "wells, tube -wells, aqueducts, conduits, tunnels, pipes, taps and ot her \nwaterworks' whether made, laid o f erected at the cost met from the Municipal \nFund or otherwise, and all bridges buildings works, ma terial and things \nconnected therewith, or apperta ining thereto' and any adjacent l and, not being \nprivate property' appertaining to any such water -source, which are situated \nwithin the municipal area, shall vest in the Municipality.", "footnote": "", "is_definition": false, "sort_order": 1690 }, { "number": "179", "title": "Section 179. All rights over th e sub-soil water resources within the sub municipal area", "chapter": null, "content": "shall vest in the Municipality.", "footnote": "", "is_definition": false, "sort_order": 1700 }, { "number": "180", "title": "Section 180. Subject to the provisions of section 10, for the purpose of", "chapter": null, "content": "providing the municipal area with propel an d sufficient supply of for public and \nprivate uses the Municipality, either on its own or through any other agency,- \n \nthrough hydrants, \nstand posts and \nother conveniences. \n \n \n \n \n \n \n \n \nProvision for fire \nhydrants. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSupply of water to \nareas outside \nmunicipal area. \n \n \n \n \n \n \n \n \n \n \n \n \nPublic tanks sub-soil \nwater etc. to vest in \nMunicipality. \n \n \n \n \nVesting of soil rights \n \n \n \nWorks undertaken \nfor supply of water. \n \n\n(a) shall cause to be constructed or maintained such tanks, reservoirs, \nengines, pipes' taps' and other water works as may be necessary within \nor outside the municipal area, \n(b) may purchase, or take on lease, any waterworks or rights, to store or to \ntake and convey water within or outside the municipal area, and \n(c) May enter into any agreement with any person or authority for the supply \nof water : \n \n Provided that the Municipal may, with the approval of the State \nGovernment, ma ke over to, or take over from, a statutory body any \nwaterworks so as to do anything which may be necessar y or expedient \nfor the purpose of carrying out its functions under thi s Act or under any \nother law for the time being in force.", "footnote": "", "is_definition": false, "sort_order": 1710 }, { "number": "181", "title": "Section 181. (1) Subject to the provisions of chapter XXI, the Chief Municipal Executive", "chapter": "chapter XXI", "content": "Officer/ Municipal Executive Officer shall, either on his own or through any other \nagency, manage all waterworks and allied facilities belonging to the Municipality \nand shall maintain the same in good repair and efficient condition and shall \ncause to be done, from time to time, all such things as shall be necessary or \nexpedient for improving such waterworks and facilities.", "footnote": "", "is_definition": false, "sort_order": 1720 }, { "number": "182", "title": "Section 182. ( 1) The Chief Municipal Executive Officer/ Municipal Executive Officer", "chapter": null, "content": "shall, either on his own or through any other agency, at all times, ensure that the \nwater in any wate rworks belonging to the Municipality, from which water is \nsupplied for domestic purposes, is wholesome. \n \n (2) The Municipality or the other agency, as the case may be, shall, when \nso required by any competent authority under any law for the tim e being in \nforce, arrange for the examination of water supplied for human consumption for \nthe purpose of determining whether the water is wholesome.", "footnote": "", "is_definition": false, "sort_order": 1730 }, { "number": "183", "title": "Section 183. ( 1) No person, being the occupier of any premises to which w ater is", "chapter": null, "content": "supplied by the municipality or any other agency, as the case may be, under this \nchapter, shall, on account of negligence or other circumstances under the \ncontrol of such occupier, allow the water to be wasted, or allow the pi pes, works \nor fittings for the supply of water in his premises to be out of repair causing \nthereby waste of water. \n \n (2) No person shall unlawfully flood, or draw of f divert, or take water f rom, \nany waterworks belonging to, or under the control of, the Municipality, o r from \nany watercourse or stream by which such waterworks is supplied. \n \n (3) Any person who contravenes the provisions of this section shall be liable \nto such fine not exceeding ten thousand rupees as may be determined by \nregulations. \n \n \nD. Tube-wells and Wells", "footnote": "", "is_definition": false, "sort_order": 1740 }, { "number": "184", "title": "Section 184. (1) No person shall, except with the prior permission , in writing of the Chief", "chapter": null, "content": "Municipal Executive Officer/Municipal Executive Officer' sink any tube well or dig \nor construct any new well, tank, pond, cistern or fountain in any municipal area. \n \n (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may \ngrant such permission, and may issue a licence for the purposes of subsection \n(1), on such c onditions' and on payment of such annual fee, as the Municipality \nmay' from time to time, specific. \n \n (3) If any such work of sinking of tube -well has begun or completed without \nsuch permission' the Municipal Executive Officer may, - \n \n(a) by notice, in writing' require the owner or the other person, who has done \nsuch work to fi ll up or demolish such work' within such time as may be \nspecified in the notice' and if the work of filling up or demolition is not \ndone within the time so specified, cause the work to be done and realize \nthe expenses therefore from the owner or the person to whom such \nnotice was given, or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nManagement of \nwater works. \n \n \n \n \n \nPurity of water for \nDomestic purpose. \n \n \n \n \n \n \n \n \nWater not to be \nwasted. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProhibition regarding \nsinking of rube wells \nor digging of wells \netc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(b) grant permission to retain such work on such terms and conditions as \nthe Empowered Standing Committee may consider fit to impose.", "footnote": "", "is_definition": false, "sort_order": 1750 }, { "number": "185", "title": "Section 185. Whenever a supply of water has been provided in any municipal area, the", "chapter": null, "content": "Municipality may, by notice, in writing, require the owner, lessee or occupier, as \nthe case may be, of a well, tube -well, tank or other water area, forming a part of \nany premises in such area to fill up such well, tank or other water area.", "footnote": "", "is_definition": false, "sort_order": 1760 }, { "number": "186", "title": "Section 186. The Empowered Standing Comm ittee may, by ord.er published at such", "chapter": null, "content": "places is it may think fi t, set apart any tank, well, spr ing or watercourse, or any \npart thereof, vested in the Municipality or, by an agr eement with the opener \nthereof, any private tank, well, spr ing or watercourse or part thereo f subject to \nany righ t which such owner may retain wi th the consent of the Empowered \nStanding Committee, for any of the following purposes, namely: \n \n(a) supply of water exclusively for drinking or for culinary purposes or for \nboth, or \n(b) bathing, or \n(c) washing animals or clothes, or \n(d) any other purpose connected with health, cleanliness or comfort of the \ninhabitants, \n \n and may, by like order, prohibit bat hing, or washing of animals or \nclothes or oth er things at any public place, not set apart for such \npurposes, or prohibit any othe r act by which water in any public place \nmay be rendered foul or unfit for use, or provide for alternative facilities \nand conveniences to regulate the use of any tank, well, spring or \nwatercourse to promote public safety, health and welfare. \n \nE. Water-supply Mains and pipes", "footnote": "", "is_definition": false, "sort_order": 1770 }, { "number": "187", "title": "Section 187. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may,", "chapter": null, "content": "either on his own or through any other agency, lay, whether within or outside \nthe-municipal area, a main, or such service pipes with such stopcocks and other \nwater fittings as he may deem necessary for supply of water to \npremises- \n \n(a) in any street, and \n(b) with the consent of every owner or occupier of any land not forming part \nof a street, in, over or on that land, \n \nand may, either on his own or through any other agency, from time to \ntime inspect, repair, alter, or renew or may, at any time, remove any such \nmain, or service pipe s, so laid, whether under this section or under any \nother provision of this Act : \n \n Provided that where a consent required for the purposes of this sub -\nsection is withheld the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may, after giving the owner or occupier of the land a notice, in writing, of \nhis intention so to do, either on his own or through any other agency, lay the \nmain or the service pipes , any other agency, lay the main or the service pipes, \nas the case may be, in, over or on that land without such consent. \n \n (2) Where a service main or a service pipe has been lawfully laid in, over or \non the land not forming part o f a street, the Chief Muni cipal Executive \nOfficer/Municipal Executive Officer or any other agency appointed by him may, \nfrom time to ti me, enter upon that land and inspect , repair, alter, renew or \nremove the pipe or lay a ne w pipe in substitution thereof, but shall pay \ncompensation for any damage done in the course of such action.", "footnote": "", "is_definition": false, "sort_order": 1780 }, { "number": "188", "title": "Section 188. Subject to such terms and conditions as may be provided", "chapter": null, "content": "by regulations from time to time, the Chief Municipal Executive Officer/ \nMunicipal Executive Officer shall have the Power to Prohibit- \n \n(a) laying of ware-pipes in any place where water is likely to be Polluted, \n(b) construction of latrine or ces spool within six metres of any well, tank, \nwater –pip, or cistern, or \n \n \n \nPower to require \nfilling up of wells. \n \n \n \nPower to set apart \nwells, tanks, etc. for \ndrinking, culinary \nbathing, and \nwashing purposes. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to lay \nmains, service \npipes, etc \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProhibition for laying \nwater pipes and \nconstruction of \nlatrines and \nCesspools. \n \n \n\n(c) the use of water from any polluted source of supply.", "footnote": "", "is_definition": false, "sort_order": 1790 }, { "number": "189", "title": "Section 189. The Chief Municipal Executive Officer/ Municipal Executive Officer may'", "chapter": null, "content": "subject to such terms and conditions as may be 'specified by regulations from \ntime to time, require- \n \n(a) the provision of separate supply -pipes for each land or building or each \nstorey of a building, \n(b) the owner of a land or building or the person primarily liable for payment \nof tax in respect of a land or buildi ng, having no supply' or inadequate \nsupply, of wholesome water for domestic purposes , to take supply of \nwater from the mains of the Municipality and to set up electric pumps for \nthe purpose, and \n(c) the occupier of any land or building to w hich water is suppli ed by t he \nMunicipality, to keep the supply pipes in efficient repair.", "footnote": "", "is_definition": false, "sort_order": 1800 }, { "number": "190", "title": "Section 190. (1) Notwithstanding anything contained in this Act, the Municipal Executive", "chapter": null, "content": "Officer may cut off the connection between any waterworks of the municipality \nand any premises to which water is supplied from such water works, or may turn \noff such supply, in any of the following cases, namely :- \n \n(a) if the person, whose premises are supplied with water, neglects to pay \nany sum payable under sub -section (2) of section 172 or sub -section (2) \nof section 173, when due, \n(b) if, after receipt of a notice, in writing, from the Chief Municipal Executive \nOfficer Municipal Executive Officer requiring him to refrain from so doing, \nthe owner or the occupier of the premises continues to use the water or \nto permit the same to be used in contravention of the provisions of this \nAct or the regulations made there-under, \n(c) if the occupier of the premises contravenes the provisions of sub-section \n(3) of section 172, \n(d) if the occupier refuses to admit any officer or other employ ee of the \nMunicipality, duly au thorized in that behalf, into the premises for the \npurpose of making any inspection under this Act or the regulations made \nthereunder, \n(e) if the owner or the occupier of the premises wilfully or tap conveying \nwater from any waterworks of the Municipality, \n(f) if any pipes, taps, works or fittings, connected with the supply of water to \nthe premises, be found, on examination by the Chief Municipal Executive \nOfficer Municipal Executive Officer, to be out of repair to such a n extent \nas to cause so serious a waste of water that, in his opinion, immediate \nprevention is necessary, \n(g) if the use of the premises for human habitation has been prohibited \nunder this Act, \n(h) if there is any water -pipe situated within the premises to which no tap or \nother efficient means of turning off the water-supply is attached, and \n(i) if, by reason of a leak in the service pipe or fitting, damage is caused to \nany public street and immediate prevention is necessary: \n \nProvided that- \ni. water-supply shall not be - cut off or turned off i n any case referred to in \nclause (g) or clause (i)' unless a notice' in writing' of not less than \nseventy-two hours has been given to the occupier of the Premises, and \nii. in the case referred to in clause (f) or clause (i), the Chief Municipal \nExecutive Officer/ Muni cipal Executive Officer may carry out necessary \nrepair to pipes' taps' works, or fittings and recover the expenses thereof \nfrom the owner or the occupier of the Premises' \n \n(2) The expenses of cutting -off water-supply shall be paid by the owner o r tire \noccupier of the premises, as the case may be, and shall be recoverable from \nsuch owner or occupier as an arrear of tax under this Act. \n \nF. Water Meters and Recovery of Charges", "footnote": "", "is_definition": false, "sort_order": 1810 }, { "number": "191", "title": "Section 191. The Municipality may, -", "chapter": null, "content": "(a) by regulations, specify the terms and conditions for- \n \n \nPower in relation to \nwater-supply. \n \n \n \n \n \n \n \n \n \n \n \n \nPower to t urn off \nsupply of water to \npremises. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to provide \nwater meters and \nrecover charges. \n \n\n \ni. provision of water meters' either by itself or through an agent o f by the \nowner or the occupier of any land or building, and \nii. recovery of charges for supply of such water as recorded b y water \nmeters' and \n \n(b) take necessary steps for d etection and elimination of any fraud in respect of \nsuch water meters.", "footnote": "", "is_definition": false, "sort_order": 1820 }, { "number": "192", "title": "Section 192. The Chief Municipal Executive Officer/ Municipal Executive Officer may,", "chapter": null, "content": "with the prior approval of the Empowered Standing Committee, entru.st the work \nof operation and maintenance of waterworks in the municipal area and the work \nof billing and collection of water charges under any 1arv for the ti me being in \nforce, on any private agency. \n \n \nG. Offence in Relation to Water-supply", "footnote": "", "is_definition": false, "sort_order": 1830 }, { "number": "193", "title": "Section 193. If any offence relating to wa ter-supply is committed under this Act in any", "chapter": null, "content": "premises connected with the municipal waterworks, the owner, the pe rson \nprimarily liable for payment of property tax, and the occupier of the said \npremises shall be jointly and severally liable for such offence. \n \n \nChapter-XIII \nDrainage and Sewerage \n \nA. Functions in Relation to Drainage and Sewerage", "footnote": "", "is_definition": false, "sort_order": 1840 }, { "number": "194", "title": "Section 194. The Municipality sha ll, eit her on its own or through any other agency,", "chapter": null, "content": "construct and maintain drains and sewers, and provid e a safe and sufficient \noutfall, in o r outside the municipal area, for effectual drainage and proper \ndischarge of storm- water and sewage of the municipal area in such manner as \nmay not cause any nuisance, whether by flooding any part of the municipal \narea, or of the areas surrounding the outfall, or in \nany other way: \n \n Provided that no place, which has not been used before the \ncommencement of this Act for any of the purposes specified in this section, shall \nbe so used except- \ni. in conformity with the provisions of any State law relating to land use \nplanning or any other law relating thereto for the time being in force or \nii. with the approval of the State government, in the absence of any such \nlaw: \n \n Provided further that with effect from such dare as may be appointed \nby the State Gov ernment in this beh alf, no sewage shall be discharg ed \ninto any waterc ourse until it has been so treat ed as not to affect \nprejudicially the purity and the quality of the water of such water course.", "footnote": "", "is_definition": false, "sort_order": 1850 }, { "number": "195", "title": "Section 195. For the purposes of receiving, treating, storing, disinfecting, distributing, or", "chapter": null, "content": "otherwise disposing of sewage, the Municipality may , either on its own or \nthrough a ny other agency, construct, operate, maintain, develop and manage \nany works within or outside the municipal area. \n \n \nB. Proprietary Rights of Municipality \n \nIn respect of Drains and Sewage Disposal works", "footnote": "", "is_definition": false, "sort_order": 1860 }, { "number": "196", "title": "Section 196. Subject to the provisions of chapter-XXl,-", "chapter": null, "content": "(a) all public drains, all drains in' alongside or under any public street, and all \nsewage disposal works, constructed or acq uired out of the Muni cipal Fund or \notherwise, and all works' materials and things appertaining thereto, which are \nsituated within or \n \n \n \n \n \n \n \nEntrustment of \noperation and \nmaintenance of \nwater works and \nbilling and collection \nof charges. \n \n \n \n \n \nLiability for offence \nin relation to water \nsupply. \n \n \n \n \n \n \n \n \n \n \nMunicipality to \nprovide drainage, \nsewerage and \noutfall. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProvision of means \nfor disposal of \nsewage. \n \n \n \n \n \n \n \n \nVesting of public \ndrains and sewage \ndisposal works. \n \n \n\noutside the municipal area, shall vest in the Municipality, \n \n(b) for the purposes of laying, constructing, enlarging, d eepening or otherwise \nrepairing or maintaining any such drain or sewage disposal system' so much of \nthe sub-soil appertaining thereto' as may be necessary for such purposes' shall \nbe deemed also to vest in the Municipality, and \n \n(c) all drains and ventilation shafts, pipes and all appliances and fittings \nconnected with the drainage works constructed, ere cted or set up of the \nMunicipal Fund in or upon premises' not belonging to the Municipality, whether- \n \n(i) before or after the commencement of this Act, and \n \n(ii) for the use of the owner or the occupier of such premises or not, shall' unless \nthe M unicipality has otherwise determined' or does at any time otherwise \ndetermine, vest, and shall be deemed always to have vested in the Municipality. \n \nExplanation-All public and other drains' which vest in the Municipality are \nhereinafter referred to in this Act as municipal drains.", "footnote": "", "is_definition": false, "sort_order": 1870 }, { "number": "197", "title": "Section 197. The Municipality may, with the prior approval of the State Government and", "chapter": null, "content": "subject to such conditions as the Municipality may determine, make over to, or \ntake over from, an authority under any law for the time be ing in force any drain \nor dower or sewage disposal works for administration and management thereof. \n \nC. Municipal Drains", "footnote": "", "is_definition": false, "sort_order": 1880 }, { "number": "198", "title": "Section 198. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer, or", "chapter": null, "content": "any other agency authorized by him in this behalf, may carry any municipal drain \nthrough, across or under, any street, or any place laid out as, or intended for, a \nstreet or under any cellar or vault, which may be under any street, an d, after \ngiving a reasonable notice in writing to the owner or the occupier thereof, into \nthrough or under any land wha tsoever within the municipal area, or, for the \npurpose of outfall or distribution of sewage, outside the municipal area. \n \n (2) The Chief Municipal Executive Officer Municipal Executive Officer, or any \nother agency authorized by him in this behalf, may const ruct any new drain in \nplace of an existing drain or repair or alter any municipal drain so constructed.", "footnote": "", "is_definition": false, "sort_order": 1890 }, { "number": "199", "title": "Section 199. For the pu rpose of effectual drainage of a ny premises in accordance with", "chapter": null, "content": "the provisions of this chapter, it shall be compet ent for the Chief Municipa l \nExecutive Officer/ Munici pal Executive Officer, or any other agency authorized \nby him in this behalf, to require that there shall be one drain f or sewage, \noffensive matter and polluted water and an entirely separate drain for rain water \nor unpolluted sub soil water or both rain water and unpolluted subsoil water, \neach emptying into separate municipal drains or other suitable places.", "footnote": "", "is_definition": false, "sort_order": 1900 }, { "number": "200", "title": "Section 200. Subject to s uch terms and conditions as may be specified by regulatio ns", "chapter": null, "content": "from time to time, the Chief Municipal Executive Officer/ Municipal Executive \nOfficer, or any other agency authorized by him in this behalf, may- \n \n(a) enlarge, alter the course of, Iessen, or arch ove r, or otherwise imp5ove, \nany municipal drain within the municipal area, \n(b) discontinue, close up, or destroy any such drain , properly flush, clean, \nand empty such drain, and restrict throwing, emptying, or turning into \nany municipal drain, or into any matter likely to damage the drain or \ninterfere with the free flow of is contents or affect pre judicially the \ntreatment and disposal of its contents, or any chemicals, refuse or waste \nsteam, or any liquid which is dangerous or is the cause or a nuisance or \nis prejudicial to health, or any petroleum Class 'A, petroleum Class 'B' or \npetroleum Class 'C'. \n \n Explanation- For the purposes of this section, the expression \n\"petroleum Class 'A, \"Petroleum class 'B', Petroleum Cla ss' C \"shall \nhave the same meaning as in the Petroleum Act, 1934. \n \nD. Drains of Private Streets and Drainage of Premises \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to make over \nto, or to take ove r \nfrom, statutory \nauthority drainage \nand sewerage \nworks. \n \nPower of making \ndrains. \n \n \n \n \n \n \n \n \n \n \nSewage and rain \nwater drains to be \nseparated. \n \n \n \n \n \nAlteration, \ndiscontinuance, \ncleansing, etc., of \ndrains.", "footnote": "", "is_definition": false, "sort_order": 1910 }, { "number": "201", "title": "Section 201. Subject to such terms and conditions as may be specified by regulations", "chapter": null, "content": "from time to time, the Chief Municipal Executive Officer/ Municipal Executive \nOfficer, or any other agency authorized by him in this behalf' may- \n \n(a) permit the owner or the occupier of any premises having a dra in, or the \nowner of a private drain' to have his drain made to communicate with the \nmunicipal drain for discharge of foul water, \n(b) limit the use o f the municipal drain by the owner or the occupier of any \npremises having a private drain or the owner of a Private drain, \n(c) require the owner of any land or building, which is without sufficient \nr:reans of effectual drainage , to construct a drain and to pr ovide all such \nappliances and fi ttings as may be necessary for drainage of such \nundrained land or building, \n(d) require the group of owners of a block of premises, which may be \ndrained more economically or advantageously in combination than \nseparately' to und ertake at their own, expense any work necessary for \ndrainage of such block of premises to be drained by a combined \noperation, \n(e) require the owner of any land or building to carry out such construction, \nrepair or other work as may be necessary for effectual drainage of such \nland or building, or \n(f) authorize any person who desires to d rain his land or building into a \nmunicipal drain through a drain of which he is not &n owner, to use the \ndrain or declare such person to be the joint owner thereof.", "footnote": "", "is_definition": false, "sort_order": 1920 }, { "number": "202", "title": "Section 202. ( 1) It shall not be lawful to erect or re-erect any premises in the municipal", "chapter": null, "content": "area or to occupy any such premises unless- \n \n(a) a drain is constructed of such size, materials and description, at such \nlevel and with such fall, as may appear to the Chief Municipal Exec utive \nOfficer/ Municipal Executive Officer to be necessary for the effectual \ndrainage of such premises. \n(b) there have been prov ided and set up on such premises such \nappliances and fittings as may appear to the Chief Municipal Executi ve \nOfficer/ Municipal Executive Officer to be necessary for the purposes of \ngathering or receiving the filth and other polluted and obnoxious matters, \nand conveying the same, from such premises and of effectually flushing \nthe drain of such premises and every fixture connected therewith. \n \n (2) The drain so constructed shall empty into a municipal drain situated at a \ndistance of not exceeding thirt y metres from the premises, but if no municipal \ndrain is situated without such distance, then , such drain shall empty into a \ncesspool situated within the distanc e to be specified by the Chief Municipal \nExecutive Officer/Municipal Executive Officer for the purpose. \n \nE. Trade Effluent", "footnote": "", "is_definition": false, "sort_order": 1930 }, { "number": "203", "title": "Section 203. Subject to the provisions of this Act and the regulations made thereunder", "chapter": null, "content": "and of a ny other law for t he time being in force, the o ccupier of any trade \npremises may, with the approval of the Mu nicipality or, so far as may be for the \ntime being in force without such, approval, discharge into t he municipal drain \nany trade effluent proceeding from such Premises.", "footnote": "", "is_definition": false, "sort_order": 1940 }, { "number": "204", "title": "Section 204. Notwithstanding anything contained in this Act or the regulations made", "chapter": null, "content": "thereunder or any usage' custom or regard agreement, where in opinion of the \nChief Municipal drainage of \nExecutive Officer Municipal Executive Officer, any trade effluent, trade premises \nare without sufficient means of effectual drainage and treatment of trade effluent \nor the drains thereof, though otherwise not objectionable, are not adapted to the \ngeneral drainage system of the municipal area, effluent is not of specified purity, \nthe Municipal Executive officer may, by notice, in writing, require the owner or \nthe occupier of such premises- \n \n(a) to discharge the trade effluent in such mann er, at such times, through \nsuch drains'- and subject to such conditions, as ma y be speci fied in the \nnotice, and to cease to dis charge the trade effluent other than in \n \nPowers in relation to \ndrainage. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPremises not to be \nerected without \ndrains. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSpecial provisions \nrelating to trade \neffluent. \n \n \n \nSpecial provisions \nregarding drainage \nof trade effluent. \n \n \n \n \n \n \n \n \n \n \n\naccordance with the notice, \n(b) to purify the trade effluent before its discharge into a municipal drain and \nto set up for purifying the trade affluent such appliance s, apparatus, \nfittings and plants, as may be specified in the notice, \n(c) to construct a drain of such material , size and description, and laid at \nsuch level, and according to such alignment, and with such fall and \noutlet, as may be specified in the notice, \n(d) To alter, amend, repair or renovate any purification plant, existing drain, \napparatus, plant-fitting or article used in connection with any municipal or \nhouse-drain. \n \n \nChapter-XXlV \n \nOther Provisions Relating to \nWater-Supply, Drainage and Sewerage", "footnote": "", "is_definition": false, "sort_order": 1950 }, { "number": "205", "title": "Section 205. Without the permission, in writing, of the Chief Municipal Executive Officer/", "chapter": null, "content": "Municipal Executive Officer, no person shall, for any purpose whatsoever, at any \ntime, make, or cause to be made any connection or communication with any \nwaterworks or mains or drains constructed or maintained or by, vested in, the \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 1960 }, { "number": "206", "title": "Section 206. (1) Without the permission of the Chief Municipal Executive Officer/", "chapter": null, "content": "Municipal Executive Officer, no building, wall, fence or other structure shall be \nerected, and no railway or private street shall be constructed or maintained by, \nor vested in, the Municipality. \n \n (2) If any building, wall, fe nce or other structure erected, or is any railway \nor private street is constructed, on any drain or waterworks without the \npermission as aforesaid, the Municipal Executive Officer may do good in such \nmanner as he may think fit. \n \n (3) The expense s incurred by the Chief Municipal Executive \nOfficer/Municipal Executive Offi cer for carrying out the purposes of subsection \n(2), shall be paid by the owner of the private street or of the building, fence, wall \nor other structure or, as the case may be, by the railway administration or the \nperson responsible and shall be recoverable as an arrear of tax under this Act.", "footnote": "", "is_definition": false, "sort_order": 1970 }, { "number": "207", "title": "Section 207. If the Chief Municipal Executive Officer/ Municipal Executive Officer desires", "chapter": null, "content": "to place or carry, any pipe or drain or to do any other work connected with water \nsupply or dr ainage across any railway line, he shall inform the railway \nadministration, who may execute tie same at the cost of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 1980 }, { "number": "208", "title": "Section 208. Subject to the provisions of section i0, any building plan submitted to the", "chapter": null, "content": "Chief Municipal Executive Officer/ Municipal Executive Officer for sanction shall \nconform to such rules or regulations rela ting to water -supply, drainage, pri vy, \nurinal accommodation, within the premises, and sewerage as may be made in \nthis behalf, and no buildi ng plan shall be sanctioned by the Chief Municipal \nExecutive Officer Municipal Executive Officer unless it so conforms.", "footnote": "", "is_definition": false, "sort_order": 1990 }, { "number": "209", "title": "Section 209. Subject to the provisions of section 10 and section 325, the Chief Municipal", "chapter": null, "content": "Executive Officer/ Municipal Executive Officer shall cause to be maintained \ncomplete survey maps, drawings and descriptions or water supply mains, \nsupply-pipes, municipal drains , sewers, and connection s thereto from al l \npremises in the municipal area.", "footnote": "", "is_definition": false, "sort_order": 2000 }, { "number": "210", "title": "Section 210. (1) The Chief Municipal Executive Officer/Municipal Rights of user", "chapter": null, "content": "Executive of ficer ma y, either on hi s own or through o f property any other \nagency authorized by him in this behalf, for aqueducts, co nduits, and line main \nor pipes or drains over, under, along, or across any immovab le property, \nwhether within or outside the limits of the municipal area' without acquiring such \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConnection with \nwaterworks mains \nand drains not to be \nmade without \npermission. \n \n \nBuildings, railways \nand private streets \nnot to be erected \nor constructed over \nwater mains or on \nMunicipal drains \nwithout permission. \n \n \n \n \n \n \n \n \n \nRailway \nadministration to be \ninformed in certain \ncases. \n \nChief Municipal \nExecutive Officer/ \nMunicipal Executive \nOfficer not to \nsanction building \nPlan unless plan \nrelating to water \nsupply etc. is in \nconformity with rules \nand regulations. \nMaps of \nunderground water \nsupply pipes, drains, \netc. \n \n \n \nRights of user of \nproperty for \naqueducts, lines, \netc. \n \n\nimmovable property, and may, at any time, for the purpose of examining' \nrepairing' altering or removing such aqueducts, conduits or lines of mains or \npipes or d rains' after giving a reasonable notice of his intention to do so enter \non any such immovable property over, under, along or across which the \naqueducts ,conduits, or lines of mains or \nPipes or drains have been Placed : \n \n Provided that the Municipality or the other agency, as the case may be' \nshall not acquire any right, other than right and a right of a user, in such property \nover, under, al ong o r across which any aq ueduct, conduit or line of mains or \npipe or drain is placed: \n \n (2) The powers conferred under sub -section (1) shall not be exercis e in \nrespect of any property which is vested in the State Governm ent or any local \nauthority, or is under tire control or management of the Central Government or \nthe railway Administration, save with the permission of the State Government or \nthe railway administration, as the case may be, and in accordance with such \nregulations as may be made in this behalf: \n \n Provided that the Chief Municipal Executive officer/municipal Executive \nofficer may without such permission, repair, renew or amend any existing \nworks' the character or position of which is not to be altered, if such repair, \nrenewal or amendment is urgently n ecessary in order to maintain, without \ninterruption, tire supply of water, drainage, or disposal of sewage, or is such that \nany delay would be dangerous to health, human life or property. \n \n (3) In the exercise of the powers conferred on the Chief Municipal Executive \nOfficer/ Municipal Executive Officer by this secti on, he, or any other agency \nauthorized by him in this behalf, shall cause as little damage and inconvenience \nas may be possible, and shall make full compensation for any damage or \ninconvenience by him.", "footnote": "", "is_definition": false, "sort_order": 2010 }, { "number": "211", "title": "Section 211. ( 1) If it appears t o the Chief Municipal Executive officer/ Municipal", "chapter": null, "content": "Executive Officer that the only or the most convenient means of water supply to, \nand drainage of, any along or across the immovable property of another person, \nthe Chief Municipal Executive Officer Municipal Officer may, by order in writing, \nauthorize the owner of such prem ises to place or carry such pipe or drain over, \nunder, along or across such immovable property: \n \n Provided that before making any such order, the Chief Municipal Executive \nOfficer/ Municipal Executi ve Officer shall give to t he owner of the immovable \nproperty a reasonable opportunity of showing cause, within such tim e as should \nnot be made: \n \n Provided further that the owner of the premises shall not acquire any right, \nother than the right of a user, in such immovable property over, under, along or \nacross which any such pipe or drain is placed or carried. \n \n (2) Upon the order under subsection (l), the owner of the pre mises m ay, \nafter giving a reasonable notice of his intention to do so, immovable property \nwith assistants and workmen at any time between sunrise and sunset for the \npurpose of placing a pipe or drain ove r, under, along or across such immovable \nproperty for the purpose of repairing such pipe or drain \n \n (3) In placing or carrying a pipe or drain under this section, as little \ndamages as possible shall be done to such immovable property, and the owner \nof the premises shall- \n \na) cause the pipe or drain to be placed or carried with the least Possible \ndelay, \nb) fill in reinstate an d make good at this own cost and w ith the least \npossible delay , l and opened, broken up or removed for th e purp ose of \nplacing or carrying such pipe or drain, and. \nc) pay compensation to the owner of suc h immovable property and to any \nother person, who sustains damage by reason of the placing or carrying \nof such Pipe or drain. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of owner of \npremises to place \npipes and drains \nthrough la nd \nbelonging to other \npersons. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n (4) If the owner of such immovable propert y over , under, along or across \nwhich a pipe or drain has been placed or carried under this section, while, such \nimmovable property was not built upon , desires to erect any building on such \nimmovable property, the chief Municipal Executive officer/ Municipal Executive \nOfficer shall, by notice, in writing, require the owner of the p remises to close, \nremove or divert the pipe or drain in such manner as shall be approved by him \nand to fill in reinstate and make good such immovable property as if his/ \nher pipe or drain had not been placed or carried over, under' along or across \nsuch immovable Property: \n \n Provided that no action under this subsection shall be taken unless, in \nthe opinion of the Chief Municipal Executive Officer/ Municipal Executive Officer' \nit is necessary or expedient for the construction of the proposed buildi ng, or the \nsafe enjoyment thereof, that the pipe or drain should be closed' removed or \ndiverted.", "footnote": "", "is_definition": false, "sort_order": 2020 }, { "number": "212", "title": "Section 212. Subject to such terms and conditions as may be specified by regulations", "chapter": null, "content": "from time to time, the Chief Municipal Executive Officer/ Municipal E xecutive \nOfficer may, either on his own or through any other agency, authorized by him \nin this behalf,- \n \n(a) erect upon any land or building, or affix to the outside of any building, or \nto any tree, any shaft or pipe as may appe ars to him to be necessary for \nthe purpose of ventilating any drain or cesspool, whether vested in the \nMunicipality or not, and \n(b) examine the condition of a private drain or cesspool within the municipal \narea in respect of which there is reasonable ground for believing tha t \nsuch private drain o r cesspool is in such condition as is prejudicial to \nhealth, or is a nuisance, by applying any test other than a test by water \nunder pressure, and if he deems it necessary, by opening the ground.", "footnote": "", "is_definition": false, "sort_order": 2030 }, { "number": "213", "title": "Section 213. (1) When , under the provisions of this Act, any person is r equired, or is", "chapter": null, "content": "liable. to execute any work in relation to water supply, drainage and sewerage \nwithin the municipal area , the C hief Municipal Executive Officer/ Municipal \nExecutive Offi cer may, in accordance w ith the provisions of this Act and the \nregulations made thereunder, cause such work to be executed after giving such \nperson an opportunity of executing such work within such time as may be \nspecified by him for this purpose. \n \n (2) The expenses incurred or likely to be incurred by the Chief Municipal \nExecutive Offi cer Municipal Executive Officer in connection with the \nmaintenance of such work or enjoyment of amenities and conveniences \nrendered possible by such work shall be paya ble by the person or persons \nenjoying such amenities and convenience. \n \n (3) The expenses referred to in sub section (2) shall be recoverable from \nthe person or persons liable therefore as an arrear of tax under this Act.", "footnote": "", "is_definition": false, "sort_order": 2040 }, { "number": "214", "title": "Section 214. (1) The Empowered Standing Committ ee may grant licence to any person", "chapter": null, "content": "possessing such technical qualifications as may be determined by regulations to \nact as a Licensed plumber. \n \n(2) No person, other than a licensed plumber, shall execute any work described \nin chapter XXII, and chapter XXI Il, and in this chapter , and no, person shall \npermit any such work to be executed except by a licensed Plumber: \n \n Provided that ii in the opinion of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer, the works is of a trivial nature, he may grant \npermission in writing for the execution of suc h work by a person other than a \nlicensed plumber: \n \n(3) The Municipality shall' by regulations, provide for- \n \n(a) the terms and conditions of engagement of such licensed Plumbers, \n(b) their duties and responsibilities, and guidelines for their functions, \n(c) the charges to be paid to them for different types of works, \n(d) the hearing and disposal of complaints made by the owners or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of the Chief \nMunicipal Executive \nOfficer/Municipal \n \n \n \nExecutive Officer to \naffix sh afts etc. For \nventilation of drain or \ncesspool and testing \nof drain. \n \n \n \n \nPower of the Chief \nMunicipal Executive \nOfficer/ Municipal \nExecutive Officer to \nexecute work after \ngiving notice to \nperson Iiable. \n \n \n \n \n \n \n \n \n \n \nWork to be done by \nlicensed plumber. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\noccupiers of any premises with regard to their work, and \n(e) The suspension or cancellation of such licence, in case of contravention \nof any s uch regulations by any such plumber, and prosecution thereof \nunder this Act.", "footnote": "", "is_definition": false, "sort_order": 2050 }, { "number": "215", "title": "Section 215. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer' or", "chapter": null, "content": "any other agency authorized by him in this behalf, or any person appointed by \ntire State Governmen t in this behalf' may' for the purpose of inspecting o r \nrepairing or executing any work in, upon or in connection with, any waterworks \nat all reasonable times,- \n \n(a) enter upon' and pass through' any land within or outside the municipal \narea, adjacent to, or in the vicinity of such waterworks' in whomsoever \nsuch land all may vest, and \n(b) convey into and through any such land all necessary materials' tools and \nimplements. \n \n (2) In the exercise of an y power conferred by section, th is as little damage \nas possi ble m ay be done, and compens ation for any damage which m ay be \ndone in the exercise of any such power shall be paid by t he Chief Municipal \nExecutive Officer/Municipal Executive Officer or any agency authorized by him \nin this behalf, o r, i f the person so appointed by the State Government has \ncaused the damage, by the State Government.", "footnote": "", "is_definition": false, "sort_order": 2060 }, { "number": "216", "title": "Section 216. (1) No person shall-", "chapter": null, "content": "(a) wilfully obstruct any person act ing under the authority of the Chief \nMunicipal*Executive Officer/ Municipal Executive Officer in setting out the \nlines of any works or pull up or remove any pillar, post or shaft fixed in the \nground for the purpose of setting out lines of su ch works, or deface or \ndestroy any works made for such purpose, or \n(b) wilfully or negligentl y break, damage, tu rn on, open, close, shu t off, or \notherwise interfere with, any lock, cock, value, pipe, mete r or other work \napparatus belonging to the Municipality, or \n(c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water \nfrom, any waterworks belonging to the Municipality, or \n(d) unlawfully obstruct the flow of, or flush, draw off, or divert, or take, \nsewage work belonging to the Municipal or break o r damage any \nelectrical transmission line maintained by the Municipality, or \n(e) throw any material including plastic bags and containers or waste of \ndairies, piggeries and poultry farms into any municipal drain or sewer, or \n(f) obstruct any officer or other employee of the Municipal in the discharge \nof his duties under chapter XXII and under this chapter or wilfully \nneglect, to furni sh him with t he means necessary for the making of any \nentry inspection, examination or inquiry thereunder in relation to any \nwater or sewage work, or \n(g) bathe in, at, or upon, any waterworks or wash or throu gh or cause to \nenter therein any animal, or throw any rubbish, dirt or filth into any \nwaterworks or wash or clean therein any cloth, wool or leather or the skin \nof any animal, or cause the water of any sink or drain or any steam -\nengine or boiler or any polluted water to turn, or to be brought, into any \nwaterworks, or do any other act, whereby the water in any waterworks is \nfouled or is likely to be fouled. \n \n (2) Nothing in clause (b) of sub -section (l) shall apply to a consumer closing \nthe stopcock fixed on the service pipe supplying water to his premises so long \nas he has obtained the consent of any other consumer w hose supply will be \naffected thereby.", "footnote": "", "is_definition": false, "sort_order": 2070 }, { "number": "217", "title": "Section 217. (1) The Municipality shall levy sewerage charge on the owners of premises", "chapter": null, "content": "for connection of such premises to sewerage mains, such amount being not less \nthan one-half of the amount chargeable for water-supply under sub -section (2) \nof section 172 or water-supply under sub-section (2) of section 173, as the case \nmay be, as may be determined by regulations from time to time. \n \n (2) Where the owner of any premises in a locality where sewer is laid by the \nMunicipality has not taken connection from the sewerage main s, he shall be \n \n \n \n \n \nPower of access to \nwaterworks and \ndrainage and \nsewerage \ninstallations. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProhibition of \ncertain acts \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSewerage charge \nand sewerage cess. \n \n \n \n \n \n \n\nliable to pay a sewerage cess of such amount, not being more than one -half of \nthe amount chargeable as sewerage charge und er sub-section (l), as may be \ndetermined by regulations from time to time. \n \n (3) Where the owner fails to pay the sewerage charge or sewerage cess, \nsuch sewerage charge or sewerage cess, as the case may be, shall be realized \nfrom the occupier, and the occupier shall be entitled to recover the amount from \nthe owner. \n \n (4) The connection of premises to sewerage mains shall be provided within \na period of thirty days from the date of receipt of an application in this behalf \nfrom the owner of the premises. \n \n (5) The charges received by the Municipality from the owner or the occupier \nfor connecting the premises to sewerage system may be such, as may be \ndetermined by regulation.", "footnote": "", "is_definition": false, "sort_order": 2080 }, { "number": "218", "title": "Section 218. The Chief Municipal Executive Officer/ Municipal Executive Office r may,", "chapter": null, "content": "with the prior approval of the Empowered Standing committee, entrust the work \nof operation and maintenance of sewerage works in the municipal area and the \nwork of billing and collection of sewerage charge or sewerage cess to any \nagency under any law for the time being in force or any private agency.", "footnote": "", "is_definition": false, "sort_order": 2090 }, { "number": "219", "title": "Section 219. (1) If, at any time, it appears to the State Government that any waterworks,", "chapter": null, "content": "or drainage works, or sewerage works executed by, or vested in, the \nMunicipality, are maintained, or worked, or run in an imperfect, inefficient or \nunsuitable manner, the State Government may, by an order, in writing, direct the \nmunicipality to show cause within the period specified in the order why the \nwaterworks, the drainage works or the sew erage works, as the case may b e, \nwith all plants, fittings and appurtenances thereof should not be handed over to \nthe control and management of any agency belonging to th e State Government \nor any authority under any lay for the time being in force, as may be specified i n \nthe order. \n \n (2) If no cause is shown to the satisfaction of t he State Government within \nthe period specified the ord er referred to in sub -section (1 ), or the cat shown \nappears, to be untenable, the Ste Government may, by order. in writing, direct to \nthe waterworks, the drainage works or the sewerage works, as the case may be, \nwith all plants, fitti ng and appurtenances thereof shall be handed o ver for such \nperiod as it may fix, to the control and management of such persons, or agency, \nor authority and on such terms and conditions, as the State Government may \ndetermine, \n \n (3) During the period fixed under sub -section (2), the complete control and \nmanagement of suc h waterworks, d rainage works or sewerage works, as the \ncase may be, shall vest in the person, or th e agency, or the authority so \nappointed who shall engage such establishment for the purpose of maintaining \nand working of su ch waterworks , drainage works or sewerage works, as the \ncase maybe, as the State Government may fr om time to time determine; and \nsuch establishment may include the employees of the Municipality w ho were \nemployed, or have been employed, in the maintenance or working of such \nwaterworks, drainage works or sewerage works. \n \n (4) The cost of such establishment, including costs of all materials, \nimplements and stores, shall be paid from the Municipal Fund within such period \nas may be fixed by the State Government.", "footnote": "", "is_definition": false, "sort_order": 2100 }, { "number": "220", "title": "Section 220. (1 ) The Municipality shall prepare and maintain a Code to be ca lled the", "chapter": null, "content": "Municipal Water-supply, Drainage and Sewerage Code which shall include such \nregulations as may be made from time to time relating to the construction - \nmaintenance' repair and alteration of waterworks, water -supply mains supply-\npipes, drains, sewers, privies and urinals, cesspools, and appurtenances thereof \nand other matters under chapter XXII or chapter XXIII or this chapter. \n \n (2) Such regulations shall provide for inspection of premises by the Chief \nMunicipal Executive Officer/Municipal Executiv e Officer, or any other officer, or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nEntrustment of \noperation and \nmaintenance of \nsewerage works and \nbilling and collecti on \nof Sewerage \ncharges. \nPower of the \nState Government to \nexercise control over \nimperfect, Inefficient \nor unsuitable \nwaterworks, \ndrainage works or \nsewerage works. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal Water-\nsupply, Drainage \nand Sewerage \nCode. \n \n \n \n \n \n\nany other age ncy, authorized by him in this behalf as the case may be, to \nascertain compliance with the provisions of this Act and the ru les or regulations \nmade thereunder. \n \n \nChapter-XXV \nSolid Wastes \n \nA. Functions in Relation to Solid Wastes Management", "footnote": "", "is_definition": false, "sort_order": 2110 }, { "number": "221", "title": "Section 221. Subje ct to the provisions of section 10, the Municipality sha ll, within the", "chapter": null, "content": "municipal area, be responsible fo r implementation of the rules m ade by the \nCentral Go vernment in exercise of the pow ers conferred by the Environment \n(protection) Act, 1986. to regulate the m anagement and handling of municipal \nsolid wa stes and for development of any infrastructure for colle ction, storage, \ntransportation, processing and disposal of such solid wastes.", "footnote": "", "is_definition": false, "sort_order": 2120 }, { "number": "222", "title": "Section 222. Notwithstanding anything contained elsewhere in this Act, for the purposes", "chapter": null, "content": "of management and handling of municipal solid wastes and for development of \ninfrastructure, if any, for collection, storage, transportation, processing and \ndisposal of \nsuch solid wastes, a charge shall be levied, and payment thereof shall be made, \nat such rate as the Municipality may fix from time to time: \n \n Provided that the charge as aforesaid shall, as far as practicable, b e such \nshall cover the costs on account of management and handling of municipal solid \nwastes and de velopment of infrastructur e, if any, for colle ction, storage, \ntransportation, processing and disposal thereof and also th e costs of debt -\nservicing, depreciation of plant and machinery and other charge, if any: \n \n Provided further t hat the Chief Municipal Executive Officer M unicipal \nExecutive Officer may, with the prior app roval of the Empowered Standing \nCommittee, entrust dev elopment of infrastructure for collection, storage, \ntransportation, processing and disposal of solid wa stes and the work of \nmanagement and handling of municipal solid wastes and of filling and collection \nof the charges as aforesaid to any agency under any law fo r the time being in \nforce or to any other agency.", "footnote": "", "is_definition": false, "sort_order": 2130 }, { "number": "223", "title": "Section 223. Subject to the provisions of section 10, the Municipality shall, either on its", "chapter": null, "content": "own or through any other agency authorized by it in this behalf,- \n \n(a) organize collection of municipal solid wastes through any of the methods, \nlike community bin collection (central bin),house to - house collection, and \ncollection on regular pre-informed times and schedules, \n(b) devise collection of wastes from slums and squatter areas or other \nlocalities including hotels, restaurants, office com plexes and commercial \nareas. \n(c) remove at regular intervals a ll solid wastes so collected under clause (a) \nand clause (b) for disposals on daily basis, and \n(d) arrange for making use of biodegradable wastes from vegetable markets \nin an environmentally acceptable manner.", "footnote": "", "is_definition": false, "sort_order": 2140 }, { "number": "224", "title": "Section 224. All solid wastes deposited in public receptacles, depots and places", "chapter": null, "content": "provided or appointed under section 225 and all s olid wastes collected by the \nmunicipal employees or contractors or any other agency authorized in this \nbehalf shall be the property of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 2150 }, { "number": "225", "title": "Section 225. The Municipality may, either on its own or through any other agency, cause", "chapter": null, "content": "the solid wastes to be disposed of at such place or places within or outside the \nmunicipal area, and in such manner, as it considers suitable: \n \n Provided that no place which has not been used before the \ncommencement of this Act for the purpose specified in this section, shall be so \nused, except- \ni. in conformity with the provisions of any State Law relating to \ndevelopment planning and land use control or any other law relating \nthereto for the time being in force, or \n \n \n \n \n \n \n \n \n \n \nDuty of Municipality \nin respect of solid \nwastes management \nand handling. \n \n \n \nEntrustment of \nManagement and \nhandling of sold \nwastes and billing \nand collection of \ncharge. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \nSolid wastes to be \nproperty of \nMunicipality. \n \n \nAppointment of \nplaces for disposal \nand final disposal of \nsolid wastes. \n \n \n \n \n \n \n\nii. in the absence of any such law, with the approval of the State \nGovernment; \n \n Provided further that the solid wastes shall not be finally disposed of \nin any manner which the State Government may think fit to disallow. \n \nB. Collection und Removal of Solid Wastes", "footnote": "", "is_definition": false, "sort_order": 2160 }, { "number": "226", "title": "Section 226. It shall be tire duty of the owners and t he occupiers of all lands and", "chapter": null, "content": "buildings in the municipal area- \n \n(a) to have the premises swept and cleaned on a regular basis, \n(b) to provide for separate receptacles or disposal bags for the storage of- \ni. organic and bio- degradable wastes, \nii. recyclable or non- bio gradable wastes, and \niii. domestic hazardous wastes, \n \n So as to ensure that these different types of wastes do not \nget mixed, \n(c) to keep such receptacles in good condition and order, and \n(d) to cause ail such wastes, including rubbish, offensive matter, filth, trade \nrefuse, carcasses of dead animals, excrementitious matters, bio -medical \nwastes and other polluted and obnoxious matters to be collected from \ntheir respective premises and to be deposited in community bins or \nreceptacles at such times and in such places as the Municipal Executive \nOfficer may, by notice, specify.", "footnote": "", "is_definition": false, "sort_order": 2170 }, { "number": "227", "title": "Section 227. lt shall be the duty of the managements of cooperative housing societies,", "chapter": null, "content": "apartment owners, associations, residential and non -residential building \ncomplexes, educational buil ding, institutional buildin g, assembly buildings, \nbusiness buildings, mercantile b uildings, industrial buildings, storage buildings, \nand hazardous building to provide at their premises community bins or disposal \nbags of appropriate size as may be specified by the Municipality for temporary \nstorage of wastes (other than recyclable wastes), ha zardous wastes, and \nbiomedical wastes for their subsequent collection an d removal by the \nMunicipality: \n \n Provided that a separate community bin shall be provided for the storage \nof recyclable wastes where door to door collection is not made.", "footnote": "", "is_definition": false, "sort_order": 2180 }, { "number": "228", "title": "Section 228. No person and owner or occupier of any land or building shall-", "chapter": null, "content": "(a) litter or deposit at any public place any solid waste, \n(b) deposit building rubbish in or along any public street, public Place or \nopen land, \n(c) allow any filthy matter to flow on public places, or \n(d) deposit or otherwise dispose of the carcass or any part of any dead \nanimal at a place not provided or appointed for such purpose.", "footnote": "", "is_definition": false, "sort_order": 2190 }, { "number": "229", "title": "Section 229. (1 ) Whoever litters any street or public place or deposits or throws or", "chapter": null, "content": "causes or permits to be deposited or thrown any solid waste or building rubbish \nat any place in contravention of the provisions of this Act, or permits the flow of \nany filthy matter from his premises, shall be puni shed on the spot with a fine, \nbeing not less than one hundred rupees, as may be determined by regulations \nfrom time to time. \n \n (2) Such spot fines may be collected by officers, not below the rank of a \nsanitary inspector, duly authorized by the Municipality in this behalf.", "footnote": "", "is_definition": false, "sort_order": 2200 }, { "number": "230", "title": "Section 230. It shall be the duty of the Municipality, either on its own or through any", "chapter": null, "content": "other agency authorized by it in, this behalf, to implement the provisions of the \nrules made by the Central Government in exercise of the powers Conferred by \nthe Environment (Protection ) Act, 1986, to regulate the management and \nhandling of bio-medical wastes to the extent such rules apply to the Municipality.", "footnote": "", "is_definition": false, "sort_order": 2210 }, { "number": "131", "title": "Section 131. It shall be the dut y of the Municipality, either on its own or through any", "chapter": null, "content": "other agency authorized by it in this behalf, to implement the provisions of the \nrules made by the Central Government in exercise of the powers conferred by \n \n \n \n \n \n \n \n \nDuty of owners and \noccupiers of \npremises to store \nsolid wastes at \nsource of \ngeneration. \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuty of Cooperative \nHousing society, \nApartment owners' \nassociation, etc. \n \n \n \n \n \n \n \n \n \n \n \nProhibition \n \n \n \n \n \nPunishment for \nlittering on street \nand depositing or \nthrowing any solid \nwaste. \n \n \n \n \n \nBio-medical wastes. \n \n \n \n \n \n \n \nHazardous wastes. \n\nthe Environment (Protection ) Act, 1986, to regulate the management and \nhandling of hazardous wastes to the extent such rules apply to the Municipality. \n \n \nChapter -XXVl \nState Municipal Regulatory Commission", "footnote": "", "is_definition": false, "sort_order": 2220 }, { "number": "232", "title": "Section 232. In this chapter unless the context otherwise requires,-", "chapter": null, "content": "(a) \"Chairperson\" means the Chairperson of the State Commission; \n(b) \"High Court\" means the High Court of the State: \n(c) \"Member\" means a member of the State Commission, and includes the \nChairperson, and a member of a regional branch of the State \nCommission; \n(d) \"State Commission\" means the Municipal Regulatory Com mission \nconstituted under sub-section (1) of section 233.", "footnote": "", "is_definition": false, "sort_order": 2230 }, { "number": "233", "title": "Section 233. (1 ) The State Government shall, within three months from the date of", "chapter": null, "content": "commencement of this Act, by notification, constitute a State commission to be \nknown as the Arunachal Pradesh Municipal Regulatory Commission to exercise \nthe powers conferred on, and to perform the functions assigned to, it under this \nAct. \n \n (2) The State Commission shall be a body corporate, having perpet ual \nsuccession and a common seal, and shall have the power to acquire, hold and \ndispose of property, both movable and imm ovable, and to contract and shall, by \nthe name as aforesaid sue or be sued. \n \n (3) The head office of State commission shall be a t such place as the State \nGovernment may, by notification, specify. \n \n (4) The State Commission shall consist of suc h members including t he \nchairperson, being not more than five, as the State Government may determine. \n \n Provided that the State Govern ment ma y establish one or more regional \nbranches of th e State Commission for such area or areas as th e State \nGovernment may determine, and each such regional branch shall have not less \nthan two and not more than three members. \n \n (5) Th e Chairperson and the other mem bers shall be p ersons of ability, \nintegrity and standing who have adequate\" knowledge of, and have shown \ncapacity in dealing with problems relating to, urban affairs, municipal finance, \neconomics, engineering, law or management: \n \n Provided that the membe r of a regional branch of the State Commission for \nan area shall be persons having adequate knowledge of that area. \n \n(6) The Chairpersons a nd the other members shall be appointed by the State \nGovernment on the recommendation of the Selection Committee constituted \nunder section 234. \n \n(7) Notwithstanding anything contained in sub-section (5) or sub-section (6), the \nState Government may appoint any person as the Chairperson from amongst \nthe persons who are or have been the judges of the High Court: \n \n Provided that no such appointment shall be made except in cons ultation \nwith the Chief Justice of the High Court; \nProvided further that the State Gover nment may appoint one of the members of \na regional branch of the State commission from amongst the persons who are \nor have been the District and Sessions judges: \n \n Provided also that no such appoint ment shall be made except after \nconsultation with Chief Justice of the High Court. \n \n (8) The Chairperson shall be the Chief Executive of the State Commission. \n \n \n \n \n \n \n \nDefinitions. \n \n \n \n \n \n \n \n \n \n \n \nConstitution and \nincorporation of \nState Commission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n (9) The Chairperson or any other member shall not hold any other office.", "footnote": "", "is_definition": false, "sort_order": 2240 }, { "number": "234", "title": "Section 234. (1) The State Government shall, for the purposes of selection of members,", "chapter": null, "content": "constitute a Selection committee consisting of- \n \n(a) a person, who has been the judge of the High Court, to be the Chair \nPerson, and \ni. the Chief Secretary to the State Government, and \nii. an expert having not less than ten years experience in \ninfrastructure finance, to be nominated by the state Government; \n \n Provided that nothing contained in this subsection shall apply \nto the appointment of a person, who is or has been the judge of \nthe High court, as the Chairperson. \n (2) No appointm ent of a member shall be invalid merely by reason of any \nvacancy in the Selection committee. \n \n (3) The State Gove rnment shall, within one month from the date of \noccurrence of any vacancy by reason of death, resignation or removal, and six \nmonths before the super annuation, or the expiry of the term of office, of a \nmember, make a reference to the Selection committee for filing up of such \nvacancy. \n \n (4) The Selection Committee shall finalize the selection of a member wi thin \none month from the date of reference to it by the State Government. \n \n (5) Upon reference by the State Government, the Selection Committee shall \nrecommend a panel of two names for every vacancy in the office of a member. \n \n (6) Before recommending any person for appointment as a member, the \nSelection Committee shall satisfy itself that such per son does not have any \nfinancial or other int erest which is likely to affect prejudicially his function as a \nmember.", "footnote": "", "is_definition": false, "sort_order": 2250 }, { "number": "235", "title": "Section 235. (l) The Chairperson and the other members shall hold office as such for a", "chapter": null, "content": "term office years from the date of entering upon of fice, but shall not be eligible \nfor re-appointment: \n \n(a) in the case of the Chairperson, the age of sixty-five years, and \n(b) in the case of any other member, the age of sixty-two years. \n \n (2) The salary and allowances payable to, and the other terms an d \nconditions of service of, the Chairperson and the other members shall be such \nas may be prescribed. \n \n (3) The salary and allowances and the other terms and conditions o f \nservice of the chairperson or any other me mber shall not be varied to his \ndisadvantage. \n \n (4) The Chairpe rson and every other member shall before entering u pon \noffice, make, and subscribe to, an oath of office and of secrecy in such Form \nand manner, and before such authority, as may be prescribed. \n \n (5) Notwithstanding anything contained in sub -section (1) or sub-section (2), \nthe chairperson or any other member may- \n \n(a) relinquish his office by giving, in writing, to the Governor a notice of not \nless than three months; or \n(b) be removed from his office in accordance with the Provisions of section", "footnote": "", "is_definition": false, "sort_order": 2260 }, { "number": "236", "title": "Section 236. (6) The Chairperson or any other member ceasing to hold office as such", "chapter": null, "content": "shall be ineligible for fu rther employment under the Central Go vernment or any \nState Government for a period of two years from the date from which he ceases \nto hold such office, and shall not- \n \n \n \n \nConstitution of \nSelection Committee \nby State \nGovernment. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTerm of office, salary \nand allowances and \nother conditions of \nservice of \nChairperson and \nother members. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(a) accept any commercial employment for a period of two years from the \ndate from which he ceases to hold such office, and \n(b) represent in any manner any person before the State Commission or \nany similar Commission constituted by any other State Government- \n \nExplanation - For the purposes of this subsection,- \ni. \"employment under the Central Government or an y State Government\" \nshall include employment under a local authority or any other authority \nwithin the territory of India or under the control of the central Government \nor a State Government or under any corporation or society owned or \ncontrolled by the Central Government or a State Government ; \nii. \"commercial employment, shall mean employment in any capacity \nunder, or as agent of, a person engaged in any trading, or commercial, \nindustrial, or financial business, in any public utility undertaking, and shall \ninclude employment as a director of a company or partner of a firm, and \nshall also include sitting up of practice, either independently or as a \npartner of a firm or as an adviser or a consultant.", "footnote": "", "is_definition": false, "sort_order": 2270 }, { "number": "236", "title": "Section 236. (1) Subject to the provisions of subsection (3), the Chairperson or any other", "chapter": null, "content": "member shall only be removed from his office by order of the Governor on the \nground of proved misbehaviour after the High Court, on reference being made to \nit by the Governor, has, on inquiry held in accordance with such procedure as \nmay be prescribed in that behalf by the High Court, reported that the member \nought, on such ground, to be removed. \n \n (2) The Governor may suspend the chairperson or any other member in \nrespect of whom a reference has been made to the High Court under subsection \n(l) until the Gove rnor has passed orders on receipt of the r eport of the High \nCourt on such reference. \n \n (3) Notwithstanding anything contained in subsection (1), the Governor may, \nby order, remove from office the Chairperson or any other member, if he- \n \n(a) has been adjudged an insolvent, or \n(b) has been convicted of an offence which, in the opinion of the State \nGovernment, involves moral turpitude, or \n(c) has become physically or mentally incapable of action as a member or \n(d) has acquired such financial or other interest as is likely to affect \nprejudicially his functioning as a member, or \n(e) has so abused his position as to render his continuance in office \nprejudicial to the public interest. \n \n (4) Notwithstanding anything contained in sub -section (3), the Chairperson \nor any other member shall not be removed from h is office under this subsection \nunless the H igh Court, on a reference being made to it in t his behalf by such \nprocedure as may be prescribed in this behalf by the High court reported that \nthe member ought, on such ground, to be removed. \n \n237.(1)The State Commission may appoint a Secretary to exercise such \npowers, and perform such duties, under the control of the Chairperson, as may \nbe specified by regulations made by the State Commission. \n \n (2) The State commission may, with the approval of the State Government, \ndetermine the number, nature and categories of other officers and employees \nrequired to assist the State commission in the discharge of its functions. \n \n (3) The salaries and a llowances payable to , and the other terms and \nconditions of service of' the secretary and the othe r officers and employees of \nthe State commission sha ll be such as may be determined by the State \nCommission by regulations with the approval of the State Government. \n \n (4) The State Commission may appoint consultants to assist the State \nCommission in the discharge of its functions on s uch terms and conditions as \nthe State Commission may, by order determine.", "footnote": "", "is_definition": false, "sort_order": 2280 }, { "number": "238", "title": "Section 238. (1) Notw ithstanding anything contained else where in this Act, the state", "chapter": null, "content": "Commission shall discharge the following functions, namely:- \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRemoval of \nChairperson and \nother members. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOfficers of State and \nCommission other \nstaff. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of State \nCommission. \n\n \n(a) to determine separately for each -Municipality the rate at which payment \nshall be made for water-supply under sub-section (2) of section 272 and \nsub-section (2) of section 273, \n(b) to determine separately for each Municipality the sewerage charges on \nthe owners of premises for connection of such premises to sewerage \nmains under sub-section (1) of section 217, \n(c) to determine separately for each Municipality the rate or th e principles \nfor determination of the amount of charges for solid waste management \nunder clause (ii) of section 130, \n(d) to determine separately for each Municipality, the rate or the principles \nfor determination of charges for any other services, \n(e) to set sta ndards for the provision of municipal services in the State \nincluding standards relating to quality, continuity and reliability of such \nservices, \n(f) to suggest avenues for participation of private sector in the provision of \nmunicipal services, to ensure a fai r deal to the citizens, and to promote \ncompetition, efficiency and economy in the activities of the Municipalities \nin the provision of municipal services. \n \n (2) Without prejudice to subsection (l), the State Government may, by \nnotification, confer any of the following functions on the State commission , \nnamely:- \n \n(a) to aid and advise the State Government on any matter concerning the \nprovision of mu nicipal services in the State and the formula tion of State \npolicies in this regard, \n(b) to collect and record inf ormation concerning the provision of municipal \nservices in the State, \n(c) to collect and publish data and forecasts on the demand for, and the use \nof, municipal services in the State, \n(d) do adjudicate upon the disputes and differences between any municipal \nauthority and any suppliers of municipal services in the public or private \nsector on behalf of such municipal authority, or to refer such matters for \narbitration, \n(e) to co-ordinate with the environmental regulatory agencies and to evolve \npolicies and procedure fo r appropriate environmental regulation of \nmunicipal services, \n(f) and to aid and advise the State Government on any other related matters \nreferred to the State Commission by the State Government' \n \n239 (1) The State commission may, by notification , constitute, with effect from \nsuch date as it may specify in such notification, a Committee to be known as \nthe State Municipal Advisory Committee. \n \n (2) The State Municipal Advisory Committee shall consist of not more than \ntwenty-one members to represent the interest of commerce, industry, transport, \nagriculture, labour, consumers of civic , services, M unicipalities, non -\ngovernmental organizations and academic and research bodies in the municipal \naffairs sector. \n \n (3) The Chairperson and the other members shall be the ex -officio \nChairperson and the ex – officio members, respectively, of the State Municipal \nAdvisory committee.", "footnote": "", "is_definition": false, "sort_order": 2290 }, { "number": "240", "title": "Section 240. The objects and functions of the State Municipal Ad visory Committee shall", "chapter": null, "content": "be to advise the State commission on- \n \n \n(a) major questions of policy; Advisory Committee. \n(b) matters relating to quality, continuity and extent of municipal services \nprovided by the municipal authorities: \n(c) protection of consumers of municipal services; and \n(d) improvement of overall standards of perfor mance, eff iciency and \neconomy in the provision of municipal services by municipal authorities.", "footnote": "", "is_definition": false, "sort_order": 2300 }, { "number": "241", "title": "Section 241. The state commission shall authorize any person as it deems fit to", "chapter": null, "content": "The State Municipal \nAdvisory Committee. \n \n \n \n \n \n \n \n \n \n \n \n \nObjects and \nfunctions of the \nState Municipal. \n \n \n \n \n \n \n \n \nRepresentation \n\nrepresent the interest of the consumers of municipal services in the proceedings \nbefore it.", "footnote": "", "is_definition": false, "sort_order": 2310 }, { "number": "242", "title": "Section 242. (1) Any person aggrieved by any decision or order of the State Commission", "chapter": null, "content": "may file an appeal to the High Court. \n \n (2) Except as aforesaid, no appeal or revision shall lie to any Court from any \ndecision or order of the State Commission. \n \n (3) Every appeal under this section shall be preferred within sixty days from \nthe date of comm unication of the decision o r order of the State Commission to \nthe person aggrieved by the said decision or order: \n \n Provided that High Court may entertain an appeal after the expiry of the \nsaid period of sixty days, if it is satisfied that the aggrieved person had sufficient \ncause for not preferring the appeal within the said period of sixty days.", "footnote": "", "is_definition": false, "sort_order": 2320 }, { "number": "243", "title": "Section 243. (1) Notwithstanding anything contained in any other law for the t ime being", "chapter": null, "content": "in force, the rates of user charges referred to in section 238 shall be determined \nby the State Commission in accorda nce with the provisions of this Act and the \nrules and the regulations made thereunder. \n \n (2) The State Commission shall de termine by regulations separately for \neach Municipality the terms and conditions of, and the rates for, user charges as \naforesaid and, in doing so, sha ll be guided by the following considerations, \nnamely:- \n \n(a) that the rates progressively reflect the cos t of supply of municipal \nservices at an adequate and improving level of efficiency, \n(b) the factors which would encourage efficiency, economical use of \nresources, god performance, optimum investm ents and ot her matters \nwhich the State Commission my consider appropriate; \n(c) that the interest of the consumers of the municipal services are \nsafeguarded and, at the same time, the consumers pay for availing of the \nmunicipal services in a reasonable manner based on the average cost of \nsuch services: and \n(d) the production, dist ribution, and supply of municipal civic services are \nconducted on commercial basis. \n \n (3) The State Commission, while determining the user charges under thi s \nAct, shall not have any undue preference for any Municipality but may \ndifferentiate be tween di fferent Municipalities, having regar d to the population, \ndensity of population, revenue generation, economic importance and the actual \nconditions obtaining in different municipal areas and the managerial, technical, \nfinancial and organizational capacities of different Municipalities. \n \n (4) If the State Government requires the grant of any subsidy to any \nconsumer or class of consumers of municipal servic es in the rates of user \ncharges determined by the State Commission under this section, the State \nGovernment shall pay the amount to compensate the Municipality or any other \nagency affected by the grant of such su bsidy in such manner as the State \nCommission may direct as a condition fo r implementation of the subsidy \nprovided by the State Government. \n \n (5) Where the State Commission departs from any of the considerations \nspecified in sub -section (2), it shall record th e reasons in writing for such \ndeparture.", "footnote": "", "is_definition": false, "sort_order": 2330 }, { "number": "244", "title": "Section 244. Th e State Commission shall prepare, in such Form, and at such time in", "chapter": null, "content": "each financial year, as may be prescribed, its budget for the n ext financial year, \nshowing the estimated receipts and expenditure of the st ate Commission, and \nforward the budget to the State Government.", "footnote": "", "is_definition": false, "sort_order": 2340 }, { "number": "245", "title": "Section 245. (1 ) The State Commission shall maintain proper accounts and oth er", "chapter": null, "content": "relevant records and prepare an annual statement of accounts in such Form as \nmay be determined by the State Government in consultation with the comptroller \nand Auditor General of India. \nbefore State \nCommission. \n \nAppeal to High Court \nin certain cases. \n \n \n \n \n \n \n \n \n \n \n \n \nDetermination \nOf rates of user \ncharges by \nState Commission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nBudget of State \ncommission. \n \n \n \nAccounts and audit \nof the State \nCommission. \n \n\n \n (2) The accounts of the State Commission sh all be audited by th e \nComptroller and Auditor - General of India at such intervals as may be \ndetermined by him, and any exp enditure incurred in connection with such audit \nshall be payable by the State Commission to the Comptroller and Auditor - \nGeneral of India. \n \n (3) The Comptroller and Auditor-General of India and any person appointed \nby him in connection with the audit of the accounts of the State Commission \nunder this Act shall have the same rights and privileges and au thority in \nconnection with such audit as the Com ptroller and Auditor -General of India \ngenerally has in connection with the audit of Government accounts and, in \nparticular, shall have the right to demand th e production of books, accounts, \nconnected vouchers and other documents and papers and to i nspect any of the \noffices of the State Commission. \n \n (4) The accounts of the State Commission, as certified by the Comptroller \nand Auditor-General of India or any other person appointed by him in this behalf, \ntogether with the audit report thereon shall be forwarded annually to the State \nGovernment by the State Commission and the State Government shall cause \nthe audit report to be laid, as soon as may be after it is received, before State \nLegislature.", "footnote": "", "is_definition": false, "sort_order": 2350 }, { "number": "246", "title": "Section 246. (1 ) The State Commission shall prepare every year in such Form, and", "chapter": null, "content": "within such time, as may be prescribed; an annual report giving a summary of its \nactivities during the previous year and copies of the report shall be forwarded to \nthe State Government. \n \n (2) A copy of the annual report received under subsection (1) shall be laid, \nas soon as may be after it is received, before the State Legislature.", "footnote": "", "is_definition": false, "sort_order": 2360 }, { "number": "247", "title": "Section 247. The State Commission shall ensure transparency while exercising the", "chapter": null, "content": "powers and discharging the functions under this Act.", "footnote": "", "is_definition": false, "sort_order": 2370 }, { "number": "248", "title": "Section 248. (1) In the discharge o f its functions, the State Commission shall be guided", "chapter": null, "content": "by such directions in matters of policy i nvolving public interest as the State \nGovernment may give to it in writing. \n \n (2) If any question arises as to whether any such direction relates to a matter \nof policy involving public interest, the decision of the State Government thereon \nshall be final.", "footnote": "", "is_definition": false, "sort_order": 2380 }, { "number": "249", "title": "Section 249. All proceedings befor e the State Commission shall be deemed to be", "chapter": null, "content": "judicial proceedings within the meaning of section 193 and section22S of the \nIndian Penal Code and the State Commissio n shall be deemed to be a Civil \nCourt for the purposes of section 345 and section 346 of the Code of Criminal \nProcedure, 1973.", "footnote": "", "is_definition": false, "sort_order": 2390 }, { "number": "250", "title": "Section 250. No suit, prosecution or other legal proceeding shall lie against the State", "chapter": null, "content": "Government or the State Commission or any officer of the State Commission for \nanything which is in good faith done or intended to be done under this chapter \nor the rules or the regulations made thereunder.", "footnote": "", "is_definition": false, "sort_order": 2400 }, { "number": "251", "title": "Section 251. Whoever fails to comply with any order or direction given under this chapter", "chapter": null, "content": "within su ch time as may be specified in the said ord er or direction or \ncontravenes, or attempts to contravene, or abets the contravention of, any of the \nprovisions of this chapter or any rules or regulations made ther eunder shall be \npunishable with imprisonment for a term which may extend to six months or with \nfine, which may extend to twent y-five thousand rupees, or with both, in respect \nof each such offence, and, in the case of a continuing offence, with an additional \nfine which may exte nd to one thousand rupees for eve ry day during which the \noffence continues after conviction for the first such offence.", "footnote": "", "is_definition": false, "sort_order": 2410 }, { "number": "252", "title": "Section 252. (1) In case any complaint is filed before the State Commission by any", "chapter": null, "content": "person or if the State Commission is satisfied that any pers on has contravened \nany directions issued by the State Commission under this chapter, or the rules \nor the regulations made thereunder, the State Commission may, after giving \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAnnual report of the \nState Commission. \n \n \n \n \n \n \nTransparency in \nState commission. \n \nDirections by State \nGovernment. \n \n \n \n \n \n \nProceedings before \nState Commission. \n \n \n \n \nProtection of action \ntaken in good faith. \n \n \n \nPunishment for non-\ncompliance of orders \nor directions under \nthis Act. \n \n \n \n \n \n \nPunishment for non-\ncompliance of \ndirections given by \nState Commission. \n\nsuch person an opportunity of being heard in the matter, by order in writing, \ndirect that without prejudice to any other penalty to which he may be liable under \nthis chapter, such person shal l pay by w ay of penalty, a fine w hich shall not \nexceed twenty-five thousand rupees for each such contravention and, in the \ncase of a continuing continues after first such contravention. \n \n (2) Any amount payable under this section, if not paid, may be recovered as \nan arrear of land revenue.", "footnote": "", "is_definition": false, "sort_order": 2420 }, { "number": "253", "title": "Section 253. The State Commission or any officer, not below the rank of a Gazetted", "chapter": null, "content": "Officer, specially authorized i n this behalf by the State Co mmission may enter \nany building or place where the State Commission has reason to believe that \nany document relating to the sub ject matter of the inquiry may be foun d, and \nmay seize any such document or take extracts or copies there from, subject to \nthe provisions of section 100 of the Code of Criminal Procedure, 1973, in so far \nas it may be applicable.", "footnote": "", "is_definition": false, "sort_order": 2430 }, { "number": "254", "title": "Section 254. No Court shall take cognizance of an offence punishable under this chapter", "chapter": null, "content": "except upon a complaint, in writing, made by t he State Co mmission or by any \nofficer duly authorized by the State Commission in this behalf.", "footnote": "", "is_definition": false, "sort_order": 2440 }, { "number": "255", "title": "Section 255. Nothing in this chapter or any rule or regulation made thereunder or any", "chapter": null, "content": "instrument having effect by virtue of this chapter or the rule or the regulation \nmade thereunder shall have effect in so far as it is inconsistent with any \nprovisions of the Consumer protection Act, 1986.", "footnote": "", "is_definition": false, "sort_order": 2450 }, { "number": "256", "title": "Section 256. The State Commission may, by general or special order in writing, delegate", "chapter": null, "content": "to any member or any office r of the State Commission, or any other person, \nsubject to such conditions, if any, as may be specified in the order, such of its \npowers an d functions under this chapter, except the power to a djudicate \ndisputes under clause (d) of sub -section (2) of section 259, as it may deem \nnecessary.", "footnote": "", "is_definition": false, "sort_order": 2460 }, { "number": "257", "title": "Section 257. Save as otherwise provided in section 255, the provisions of this chapter", "chapter": null, "content": "shall have effect notwithstanding anything inconsistent therewith contained in \nany other law for the time being in force.", "footnote": "", "is_definition": false, "sort_order": 2470 }, { "number": "258", "title": "Section 258. (1) The State Government may, by notifica tion, make rules to carry out the", "chapter": null, "content": "purposes of this chapter. \n \n(2) In particular and without prejudice to the generality of the foregoing power, \nsuch rules may provide for all or any of the following matters, namely:- \n \n(a) the sa1ary, allowances and other terms and conditions of service of the \nchairperson and the other members under sub-section (2) of section 235; \n(b) the Form and the manner in which, and the authority before whom, the \noath of office and secrecy shall be subscribed under sub -section (4) of \nsection 235; \n(c) the Form in which, and the time at which the State Commission shall \nprepare its budget under section 244; \n(d) the Form in which the annual statement of accounts sha11 be prepared \nby the State Commission under sub-section (1) of section 245; \n(e) the Form in which, and the time within which' the annual report shall be \nfurnished under sub-section (1) of section 246; \n(f) any other matter which may be, or is required to be, Prescribed by rules.", "footnote": "", "is_definition": false, "sort_order": 2480 }, { "number": "259", "title": "Section 259. (1 ) The State Commission may, by notification, make regulations", "chapter": null, "content": "consistent with this Act and the rules make thereunder to carry out the purposes \nof this Act. \n \n (2) ln particular and without prejudice to the. generality of the foregoi ng \npower, such regulations may pr ovide for all any of the following matters , \nnamely:- \n \n(a) the powers and the duties of the Secretary under sub -section (1) of \nsection 237; \n(b) the salary and allowances and the other terms and conditions of service \n \n \n \n \n \n \n \n \n \nPower of seizure. \n \n \n \n \n \n \n \nCognizance of \noffences. \n \n \nInconsistency in \nlaws. \n \n \n \nDelegation. \n \n \n \n \n \n \nOverriding effect. \n \n \n \nPower of State \nGovernment to make \nrules. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of State \nCommission to make \nregulations. \n \n \n \n \n \n \n \n \n\nof the Secretary and the other offi cers and other employees under sub-\nsection (3) of section 237; \n(c) the terms and conditions of appointment of consultants under sub -\nsection (4) of section 231; \n(d) the manner in which the rates of user charges shall be determined \nunder section 243; \n(e) any other matter which may be, or is required to be, provided by \nregulations. \n \n \nChapter-XXVII \nCommunication Systems \nA. Public Streets", "footnote": "", "is_definition": false, "sort_order": 2490 }, { "number": "260", "title": "Section 260. For the purposes of this Act,-", "chapter": null, "content": "(a) the surface transport systems shall include streets, roads, footpaths, \npedestrian pathways, parking areas, transportation terminals, both for \npassengers and goods, bridges, subways, over-bridges, ferries and inland \nwater transport systems, and \n(b) the tran sport system accessories shall i ncludes traffic engineering \nschemes, street furniture, street lighting, parking lots and bus stops.", "footnote": "", "is_definition": false, "sort_order": 2500 }, { "number": "261", "title": "Section 261. (1) Subjects to the pr ovisions of chapter XXI, all public streets and parking", "chapter": "chapter XXI", "content": "areas in any municipal area including the soil, sub -soil, stones, other materials, \nside-drains, footpaths, pavements, sub-ways and over-bridges and all erections, \nimplements and trees and other things provided therein, shall vest in the \nMunicipality: \n \n Provided that no public street in the municipal area, which immediately \nbefore the commencement of this Act vested in the State Government or in any \nauthority under any law for the time being in f orce, unless so directed by the \nauthority competent to take a decision in this behal f vest in the Municipality by \nvirtue of this sub- section. \n \n (2) The State Government may, subject to such terms \nand condition as it may determine, by notification- \n \n(a) transfer to any Municipality any public street or parking area belonging to \nit, or \n(b) take over from any Municipality any public street or parking area, or \n(c) transfer such public street or parking area, so taken ov er, to any \nauthority under any law for the time being in force, or any other agency, \nfor a limited period for the purpose o f proper maintenance an d \ndevelopment of such public street or parking area by such Municipality or \nthe State Government or such authority or agency' as the case may be. \n \n (3) The Chief Municipal Executive Officer/ Municipal Executive Officer shall \nmaintain a register , in such Form, and in such manner, as may be specified by \nregulations, and such register shall separately include a list of all public streets \nvested in the Municipal or in such authority or agency. \n \n (4) Thu Municipality may publish, in such Form, and in such manner, as may \nbe provided by regulations, the contents of such register for sale to the public.", "footnote": "", "is_definition": false, "sort_order": 2510 }, { "number": "262", "title": "Section 262. (1) Subject to the provisions of section 10, the Municipality or any other", "chapter": null, "content": "agency, as the case may be, sh all cause al l public streets' parking areas, \nsquares, sub -ways or over -bridges vested in it to be developed, maintained, \ncontrolled and regulated in accordance with the provisions of this Act and the \nregulations made thereunder. \n \n (2) The Mu nicipality or any other agency, as the case may be, shall, from \ntime to time' cause all public streets vested in it to be levelled, metalled, paved, \nchandelled, altered or repaired, and may widen extend or otherwise improve any \nsuch str eet or cause the soil t hereof to be raised, lowered or altered or may \nplace and repair fences and guardrails thereon for the safety of pedestrians. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSurface transport \nsystem and \naccessories. \n \n \n \n \n \nVesting of public \nstreet in Municipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunctions of \nMunicipality in \nrespect of public \nstreets etc.", "footnote": "", "is_definition": false, "sort_order": 2520 }, { "number": "263", "title": "Section 263. Subject to the provisions of section 10, the Municipality or any other", "chapter": null, "content": "agency, as the case may be, may, at any,- \na) lay out and make new public streets, or \nb) construct bridges or sub-ways, or \nc) turn or divert any existing public street, or \nd) lay down and determine the position and direction of a street or streets in \nany part of the municipal area notwithstanding that no proposal for the \nerection of any building in its vicinity has been received, or \ne) declare any street, made and duly constructed under any scheme or any \ndevelopment or improvement scheme in pursuance of the provisions of \nany law for the time being in force, to be a public street, or \nf) declare any private street to be a public street.", "footnote": "", "is_definition": false, "sort_order": 2530 }, { "number": "264", "title": "Section 264. No new public street made, or declared as s uch, under of this chapter.", "chapter": null, "content": "shall be less than ten metres in width including the footpath: \n \n Provided that such width may be reduced by the Municipality in the case of \na class ‘ C’ municipal area or a transitional area, for reasons to be recorded in \nwriting, but the width shall in no case be less than six meters.", "footnote": "", "is_definition": false, "sort_order": 2540 }, { "number": "265", "title": "Section 265. (1) The Municipality may, subject to the other provisions of this Act, require", "chapter": null, "content": "to be acquired- \n \n(a) any land together with structure includ ing building, if any, standing \nthereon for the purpose of open ing, widening, extending or otherwise \nimproving any public street, parking or t ransportation terminal, square, \npark or garden or making a new one or for enforcing the regular line of \nstreet, \n(b) in relation to any land or any structure including building as aforesaid, \nsuch land or structure including building as the Municipality may thi nk \nexpedient, outside the regular line or projected regular line of the public \nstreet as aforesaid, and \n(c) any land for the purpose of laying out, or making a public parking place. \n \n (2) Where any land or structure including building is required to be acquired \nunder subsection (1) and the Municipality is satisfied that the remaining portion \nof the land will not be suitable or fit for any beneficial use to the owner, it shall, \nat the request of the owner, proceed for the acquisition, in addition, of suc h \nremaining portion of the land which shall, on acquisition, vest in the Municipality. \n \n (3) Where any land or structure including building is required to be ac quired \nunder sub-section (1) or sub-section (2), the procedure for such acquisition as \nprovided in this Act shall apply.", "footnote": "", "is_definition": false, "sort_order": 2550 }, { "number": "266", "title": "Section 266. (1) The Municipality may permanently close the whole any part of a public", "chapter": null, "content": "street in the public interest or for the p urpose of carrying out the provisions of \nthis Act: \n \n Provided that before closing such public street, the Municipality shall' by \nnotice published in such manner as may be provided by regulations, give an \nopportunity to the residents likely to be affected by such closure to make \nsuggestions or objections, with respect to such closure, within one month from \nthe date of publication of the said notice, and shall consider all such \nsuggestions, or objections. \n \n (2) Whenever any public street or part thereof is permanently clos e under \nsub-section (1) the site of such street or any portion thereof ma y be disposed of \nas land vested in the Municipality.", "footnote": "", "is_definition": false, "sort_order": 2560 }, { "number": "267", "title": "Section 267. The Chief Municipal Executive officer/ Municipal Executive Officer may", "chapter": null, "content": "temporarily close the whole or an y part of a public street to permit development \nand street and may authorize such clos ure for other purposes for any period not \nexceeding fifteen days.", "footnote": "", "is_definition": false, "sort_order": 2570 }, { "number": "268", "title": "Section 268. (1) The Municipal may close any portion of a public street and declare it as", "chapter": null, "content": "a parking area, (2) Parking fees at different rates for different types of vehicles, \n \nPower to make new \npublic streets etc. \n \n \n \n \n \n \n \n \n \n \n \nMinimum width new \npublic street. \n \n \n \n \n \nAcquisition of lands \nand buildings for \npublic streets, public \nparking places and \ntransportation \nterminals. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPermanent cl osure \nsure of public street. \n \n \n \n \n \n \n \n \n \n \n \n \n \nTemporary clo sure \nsure of public street. \n \n \n \nClosure of public \nstreet for parking \n\nin different areas' for diffe rent times of the day, and for different durations may \nbe levied at such rates as may be determined by the Municipality by regulations \nfrom time to time.", "footnote": "", "is_definition": false, "sort_order": 2580 }, { "number": "269", "title": "Section 269. (l) If any privates street has been levelled, paved, metalled, flagged,", "chapter": null, "content": "channelled, sewered, drained, conserved, and lighted to the satisfaction of the \nChief Municipal Executive Officer/ Municipal Executive Officer, he may or on the \nrequisition of a majority of the owners of such private street, shall declare such \nstreet to be a public street and , thereupon, the street shall vest in the \nMunicipality. \n \n (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \nat any time, by a notice fixed up in any street or part thereof, not maintainable by \nthe Municipality, but which has alrea dy been levelled, paved, metalled, flagged, \nchannelled, drained, sewered, conserved and lighted to his satisfaction, give \nintimation of his intention to declare such street or part thereof to be a public \nstreet, and unless within thirty days of such notice , the owner or any one of the \nseveral owners of such street or such part of a sheet, lodges objection \nthereto at the office of the Municipality, t he Chief Municipal Executive Officer/ \nMunicipal Executive Officer may, by notice, in writing, p ut up i n such street or \npart thereof, declare such street or part thereof, as the case may be, to be a \npublic street vested in the Municipality. \n \nB. Traffic Engineering Schemes, Street Furniture, parking Lo ts and Bus \nStops.", "footnote": "", "is_definition": false, "sort_order": 2590 }, { "number": "270", "title": "Section 270. The Municipality may, either on its own o r through any other agency", "chapter": null, "content": "authorized by it in this behalf, as and when necessary having regard to the \nabutting land uses and traffic flow patterns, implement traffic engineering \nschemes to ensure public safety, convenience and expenditure movement of \ntraffic including pedestrian traffic.", "footnote": "", "is_definition": false, "sort_order": 2600 }, { "number": "271", "title": "Section 271. Subject to the provisions of section 10, the Municipality shall, either on its", "chapter": null, "content": "own or through any other agency authorized by it in this behalf, from time to \ntime, cause various items of street furniture including fen ces, guardrails, traffic \nlights signs, street markings, median strips, bus stops and any other item to be \ninstalled or done, and shall cause them to be maintained so as to ensure public \nsafety and convenience and expeditious movement of traffic including \npedestrian traffic. \n \n \nC. Street Lighting", "footnote": "", "is_definition": false, "sort_order": 2610 }, { "number": "272", "title": "Section 272. (l) The chief Municipal Executive officer/Municipal Executive officer shall,", "chapter": null, "content": "either on his own or through any other agency:- \n \n(a) take measures for lighting, in a suitable manner, such public streets and \npublic places as may be specified by him, \n(b) procure, erect and maintain such number of lamps, lamp -posts and \nother appurtenances as may be necessary for the purpose of lighting, \nand \n(c) cause such lamps to be lighted by appropriate means. \n \n (2) The Chief Municipal Executive Officer/ Municipal Executive Officer or any \nother agency may attach to the outside of any building brackets for lamps in \nsuch manner as it may not cause any injury or inconvenience thereto. \n \n \nChapter-XXVIII \nMarket, Commercial Infrastructure and \nSlaughterhouses", "footnote": "", "is_definition": false, "sort_order": 2620 }, { "number": "273", "title": "Section 273. Subject to the provisions of chapter -XXl, the Municipality may, either on its", "chapter": null, "content": "own or through any other agency authorized by it in this behalf implement any \nscheme for construction, operation, maintenance and management of \ncommercial inf rastructure including district centers, neighbourhood shopping \npurposes and levy of \nparking fee. \n \n \nRights of owners to \nrequire streets to be \ndeclared public. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTraffic engineering \nschemes. \n \n \n \n \nStreet furniture and \nbus stops. \n \n \n \n \n \n \n \n \n \nMeasures for \nlighting, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCommercial \nInfrastructure \n \n \n\ncenters, shopping malls and office complexes' and may rent out, l ease or \ndispose by outright sale, such commercial infrastructure or any part thereof.", "footnote": "", "is_definition": false, "sort_order": 2630 }, { "number": "274", "title": "Section 274. (l) The Chief Municipal Executive Of ficer/Municipal Executive Officer may,", "chapter": null, "content": "either on his own or through any other agency, provide and maintain in the \nmunicipal area such number of municipal markets , slaughter houses or \nstockyards, as he thinks fit' together with stall, shops, sheds, pans a nd other \nbuildings and conveniences for the use of persons carrying on trade or business \nand may provide and maintain in any such marke ts, buildings or other places, \nmachines, weight, scales and measures for the weighment or measurement of \ngoods sold thereon. \n \n (2) Subject to such directions as the Municipality may give in this behalf, \nthe Chief Municipal Executive Officer Municipal Executive Officer any o ther \nagency, as the case may be, may, after giv ing u notice, close any municipal \nmarket or slaughter houses or stockyard or any portion thereof on and from the \ndate specified in the notice, and the premises occupied for any municipal \nmarket, slaughterhouses or stockyard or any portion thereof so closed may be \ndisposed of as the property of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 2640 }, { "number": "275", "title": "Section 275. (1) No person shall, without the general or special permission, in writing, of", "chapter": null, "content": "the Chief Municipal Executive Officer/ Municipal Executive Officer, sell, or \nexpose for sale, any animal or article in any municipal market within the \nmunicipal area. \n \n (2) Any person contravening the provisions of subsection (1) and any \nanimal or article exposed for sale by such person may, by or under the order of \nthe Chief Municipal Executive Officer/ Municipal Executive Officer, be summarily \nremoved from the market by a police officer or any officer or other employee of \nthe Municipality authorized by the Chief Municipal Executive Officer/ Municipal \nExecutive Officer in this behalf.", "footnote": "", "is_definition": false, "sort_order": 2650 }, { "number": "276", "title": "Section 276. Subject to such regulations as may be made from time to time, the Chie f", "chapter": null, "content": "Municipal Executive Officer/ Municipal Executive Officer, either on his own or \nthrough any other agency, as the case may be, may charge stallage, rent or fee \nfor the occupation or use of facilities in a municipal market or a municipal \nslaughterhouses. \n \n \nURBAN ENVIRONMENTAL MANAGEMENT \nCOMMUNITY HEALTH AND PUBLIC SATETY \n \nChapter - XXIX \nLocal Agenda for Urban Environmental management", "footnote": "", "is_definition": false, "sort_order": 2660 }, { "number": "277", "title": "Section 277. (1) Subject to the provision of section 10, and having regard to the Iinkages", "chapter": null, "content": "between urban economy, infrastructure, productivity, poverty and environmental \nhealth in the municipal area, the Municipality shall take adequate measures for – \n \n(a) management of urban environment \n(b) measuring quality of living and working environment, \n(c) monitoring of pollution levels and \n(d) undertaking health risk assessment. \n \n (2) For carrying out the purposes of sub -section (1), the Municipality shall \ninvolve such professional agencies and community based organization, either in \nthe public sector or in the private sector, as may be necessary, to – \n \n(a) carry out studies on vulnerability and risk assessment, \n(b) enhance the capability of concerned municipal or other agencies through \nresearch and training activities for better management of environment, \n(c) prepare environmental management strategy and acti on plan, and \nestablish adequate institutional framework for its implementation, and \nprovide and manage environmental infrastructure services.", "footnote": "", "is_definition": false, "sort_order": 2670 }, { "number": "278", "title": "Section 278. ( 1) Subject to the provision of sectio n 1 0 and without prejudice to the", "chapter": null, "content": "Provision of \nmunicipal markets \nand slaughter \nhouses. \n \n \n \n \n \n \n \n \n \n \n \n \n \nUse of municipal \nmarkets. \n \n \n \n \n \n \n \n \n \n \nLevy of stallage, rent \nand fee. \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuties of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nFunction in relation \n\ngenerality of the provisions of section 271 ,the Municipality shall, either by itself \nor through any other agen cy, undertake functions relating to the following \nmatters :- \n \n(a) supply of safe water, \n(b) low cost sanitation. \n(c) environmentally sound solid waste management, \n(d) toxic waste collection and disposal, \n(e) waste recycling and recovery, \n(f) Preservation of wetlands, \n(g) control of air Pollution, \n(h) control of sound Pollution, \n(i) control of cattle and other animal in the municipal area. \n(j) area improvement and resettlement, \n(k) promotion of urban agriculture and urban forestry. \n(l) development of parks, gardens and open spaces, \n(m) promotion of community awareness on environmental education and \n(n) such other matters as the Municipality may consider necessary. \n \n (2) The Municipal Executive Officer shall prepare and submit a report on the \nenvironmental status of the Municipal area at the time of submission of the \nbudgets estimates. \n \n \n \nChapter - XXX \nEnvironmental sanitation and community health \nA. Duties and general powers", "footnote": "", "is_definition": false, "sort_order": 2680 }, { "number": "279", "title": "Section 279. It shall be the duty of the Municipality o r any other agency authorized by it", "chapter": null, "content": "in this behalf to take adequate measures for each of the following matters, \nnamely:- \n \n(a) inspection, supervision, regulation and control of premises to ensure \nproper environmental sanitation, \n(b) regulation of public bathing and washing \n(c) provision and maintenance of public conveniences, \n(d) licensing of animals and control of stray animals \n(e) licensing of butchers and slaughterhouses and \n(f) Control of nuisances.", "footnote": "", "is_definition": false, "sort_order": 2690 }, { "number": "280", "title": "Section 280. Subject to such regulations as may be made in this behalf, the Chief", "chapter": null, "content": "Municipal Executive Officer/Municipal Executive Officer may, either on his own \nor through any other agency authorized by him in this behalf:- \n \n(a) cause any building or other premises to be inspected for the purpose of \nascertaining the sanitary condition thereof. \n(b) require the owner or the occupier of any land or building or any Part \nthereof. \n(c) issue such order as he deems necessary for the improvement of any in-\nsanitary huts and sheds and untenanted premises which are likely to \ncause risk of diseases to the inma tes thereof or to the inhabitants of the \nneighbourhoods or are for any reason, likely to endanger communit y \nhealth or safety, \n(d) by notice, prohibit the owner or the occupier from the cause of any \nbuildings, or any room in a building, which appears to him to be unfit for \nhuman habitations, as dwelling or \n(e) direct the filling up of any well, pool , ditch, tank, pond, pit or undrained \nground, cistern or reservoir of any waste or stagnant water' which appear \nto him to be, or likely to become, injurious to health or offensive to the \nneighbourhood.", "footnote": "", "is_definition": false, "sort_order": 2700 }, { "number": "281", "title": "Section 281. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may,", "chapter": null, "content": "by a general order, or by a especial \norder affecting such portion of the municipal area as may be specified therein, \nprohibit- \n \nto urban \nenvironmental \nmanagement and \nsubmission of report \non environmental \nstatus of municipal \narea. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDuties of \nMunicipality for \nenvironmental \nsanitation. \n \n \n \n \n \n \n \nPowers of the Chief \nMunicipal Executive \nOfficer/ Municipal \nExecutive Officer. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to regulate \nExcavation. \n \n \n \n\n(a) the making o f excavation for the purpose of taking earth there from or \nstrong rubbish or offensive matter therein or \n(b) the digging of cesspool, tanks, ponds, wells or pits, without his special \npermission. \n \n (2) No persons shall make any excavation referred to in clause (a), or dig any \ncesspool, tank, pond, well, or pit referred to in clause (b), of sub-section (1) in \ncontravention of any such order. \n \n (3) If any such excavation is made, or any such cesspool, tank, pond, well or \npit is dug in contravention of the order under sub-section (1), the Chief Municipal \nExecutive Officer/ Municipal Executive Officer may, by notice, in writing, require \nthe owner or the occupier of the land, on which such excavation is made or such \ncesspool, tank, pond, well or pit is dug, to fill it up with eart h or other material \napproved by him.", "footnote": "", "is_definition": false, "sort_order": 2710 }, { "number": "282", "title": "Section 282. (l) The Chief Municipal Executive Officer/Municipal Executive Officer may,", "chapter": null, "content": "if he thinks fit, by notice, in writing, require the owner or the occupier of any land \nin the municipal area on which trees, shrubs or hedges are growing to keep \nsuch tree, shrubs or hedge in a trim condition, and remove any such trees, \nshrubs and hedge, if it obstructs traffic on any street or poses a danger to public \nsafety or overhangs any street causing inconvenience or danger to the passer - \nby. \n \n (2) If it appears to the Chief Municipal Executive Officer/ Municipal Executive \nOfficer that immediate action is necessary for public safety, he may, without \nnotice as aforesaid cause such tree; shrub or hedge to be re moved from the \nland and the expenses thereof shall be paid by the owner or the occupier of \nsuch land. \n \nB. Regulation of public bathing, washing etc.", "footnote": "", "is_definition": false, "sort_order": 2720 }, { "number": "283", "title": "Section 283. The Chief Municipal Executive Officer/ Municipal Executive Officer may, by", "chapter": null, "content": "order- \n \n(a) regulate the use b y public of any river or other public place, whether \nvested in the Municipality or not, for bathing or washing, \n(b) prohibit the use by the public of any lake, tank, reservoir, fountain, \ncistern, duct, standpipe, stream or well or any part of any river, wheth er \nvested in the Municipality or not, for bathing or washing \n(c) prohibit steeping in any tank, reservoir, stream, well or ditch of any \nanimal, vegetable or mineral matter likely to render the water thereof \noffensive or dangerous to health. \n(d) Prohibit bat hing in any lake tank, reservoir, fountain, cistern, duct, \nstandpipe, stream or well by a person suffering from an y contagious of \ninfectious disease, \n(e) Prohibit any person engaged in any trade or manufacture from causing to \nflow into any lake, tank, reservoir, ci stern, well, duc t or other place for \nstorage of water, whether vested in the Municipal ity or not, or drain or \npipe communicating therewith, any washing or other substance produced \nin the course of any such trade or manufacture, or wilfully do any act \nconnected with any such trade or manufacture whereby such water is \nlikely to be fouled or corrupted or \n(f) Prohibit by notice, the washing of cloths by washer-men in pursuance of \ntheir calling, except at such places as may be licensed for this purpose. \n \n \nC. Public Conveniences", "footnote": "", "is_definition": false, "sort_order": 2730 }, { "number": "284", "title": "Section 284. (1) The Municipality snail, by itself or through any other agency, provide", "chapter": null, "content": "and maintain in proper convenient places a sufficient number of public, latrines \nand urinals for use by the public. \n \n (2) Such public latrines and urinals ma y be so constructed as to provide \nseparate compartment for each sex. \n \nD. General Provisions \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to require \ntrees, hedges etc. to \nbe trimmed. \n \n \n \n \n \n \n \n \n \n \n \n \n \nRegulation of \npublic bathing \netc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPublic latrine and \nurinals.", "footnote": "", "is_definition": false, "sort_order": 2740 }, { "number": "285", "title": "Section 285. No person shall-", "chapter": null, "content": "(a) commit any nuisance in any public street or public place, or \n(b) unauthorized affix upon any building, monument, post, well, fence, tr ee \nor other thing, any bill, notice or other document, or \n(c) unauthorized deface, or write upon, or otherwise mark, any building, \nmonument, post, wall, fence, tree or other thing or \n(d) carry rubbish filth or other polluted and obnoxious matter along any route \nin cont ravention of any prohibition made in this behalf by the Municipal \nExecutive Officer by notice or \n(e) bury or cremate or otherwise dispose of any corpses at a place not \nlicensed for the purpose or \n(f) disturb public peace or order in violation of sound pollution control order, \nif any or \n(g) cause pollution of air in violation of air pollution control order, if any or \n(h) cause obstruction to the movement of vehicular or pedestrian traffic \nwithout permission from the competent authority. \n \n (2) Where the Chief Municipal Executive Officer/Municipal Executive Officer is \nof the opinion that there is a nuisance on any land or building, he may, by \nnotice, in writing, require the person by whose act, default or sufferance the \nnuisance arises, or continues or all of the owners, Iessees or occupier \nof such land or building to remove or abate the nuisance by taking such \nmeasure, in such manner, and within such period, as may be specified in the \nnotice. \n \n (3) Where the Chief Municipal Executive Officer/Municipal Executive Offi cer \nis of the opinion that immediate removal of any nuisance continuing on any land \nor building in contravention of the provisions of this Act is necessary he may, for \nreasons to be recorded in writing, cause such nuisance to be removed forthwith.", "footnote": "", "is_definition": false, "sort_order": 2750 }, { "number": "286", "title": "Section 286. Subject to the provisions of any law relating to air, water or noise pollution", "chapter": null, "content": "for the time being in force and in accordance with any notification by the State \nGovernment in that behalf, the Municipality may function as a competent \nauthority for the enforcement of such law.", "footnote": "", "is_definition": false, "sort_order": 2760 }, { "number": "287", "title": "Section 287. Where in any Municipal area, any well, tank, reservoir, pool, depression or", "chapter": null, "content": "excavation or any bank or tree is, in the opinion of the Chief Municipal Executive \nOfficer/Municipal Executive Officer, in a ruinous state for want of suffic ient \nrepairs, protection or enclosure and is a nuisance or is dangerous to passers-by, \nthe Chief Municipal Executive Officer/ Municipal Executive Officer may, by \nnotice, in w riting, require the owner or the part-owner thereof, or fai ling any of \nthem, the occupier thereof, to repair, protect or enclose it in such manner as he \nthinks necessary, and if in the opinion of the Chief Municipal Executive Officer \nMunicipal Executive Officer, the danger is imminent, he shall forthwith take such \nsteps as he thinks necessary to avert such danger.", "footnote": "", "is_definition": false, "sort_order": 2770 }, { "number": "288", "title": "Section 288. No person shall quarry, blast, cut timber, or carry on building operations in", "chapter": null, "content": "such manner as to cause, or is likely to cause, danger to persons passing by, or \ndwelling or working in the neighbourhood.", "footnote": "", "is_definition": false, "sort_order": 2780 }, { "number": "289", "title": "Section 289. If, within any municipal area, any land or building, by reason of its being", "chapter": null, "content": "abandoned or unoccupied :- \n \n(a) is in a filthy or unwholesome state or \n(b) has becomes a resort of – \ni. Idle and disorderly Persons, or \nii. persons who have no ostensible means of subsistence or cannot \ngive a satisfactory account of themselves, or \n(c) is used for gambling or immoral purposes or \n(d) is likely to occasion a nuisance. \n \nThe Chief Municipal Executive Officer/Municipal Executive Officer may, after \ndue enquiry , by notice, in writing, require the owner or t he part owner or any \nperson claiming to be the owner or the part owner of such land or building, or \nthe lessee, or any person claiming to be the lessee thereof to – \n \n \nProhibition of \nnuisances. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nControl of pollution. \n \n \n \n \nPower to require \nwells, tank etc. to be \nrendered safe. \n \n \n \n \n \n \n \n \nQuarrying, blasting, \ncutting timber or \nbuilding operation. \n \nPower to stop \nimproper use of land \nor building. \n \n \n \n \n \n \n \n \n \n \n \n \n\ni. secure, enclosed, cleanse or clear such land or building, or \nii. stop use of such land or building for gambling or immoral Purpose or \niii. abate the nuisance \n \n Within such time as may be specified in the notice , and affix a copy of such \nnotice on the door of the building or on some conspicuous part of the land as the \ncase may be.", "footnote": "", "is_definition": false, "sort_order": 2790 }, { "number": "290", "title": "Section 290. The Municipali ty may, by regulations, provide for recovery of charges and", "chapter": null, "content": "imposition of penalty on those persons who are directly responsible for causing \npollution of any kind referred to in this chapter. \n \n \nChapter - XXXI \nRestraint of infection", "footnote": "", "is_definition": false, "sort_order": 2800 }, { "number": "291", "title": "Section 291. (1) It shall be the duty of the Municipality to take such measures as a re", "chapter": null, "content": "necessary for preventing, or checking the spread of any dangerous diseases in \nthe municipal area or of any epidemic disease among any animals therein. \n \n (2) Any persons, whether as a medical prac titioner or otherwise, being in \ncharge of or in attendance upon, any ot her person whom he knows or has \nreason to believe to be suffering from a dangerous diseases, or being the \nowner, lessee, or occupier of any building in which he knows that any such \nperson is so suffering, shall forthwith g ive information respecting the existence \nof such disease to the Chief Municipal Executive Officer/Municipal Executive \nOfficer.", "footnote": "", "is_definition": false, "sort_order": 2810 }, { "number": "292", "title": "Section 292. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer may,", "chapter": null, "content": "at any time, by day or by night, and with or wit hout notice, inspect any place in \nwhich any dangerous diseases is reported or suspected to exist, and take such \nmeasures as he may think fit to prev ent the spread of such diseases beyond \nsuch place, and shall forthwith send information thereof to the State \nGovernment, the District Magistrate and the senior most functionary of the \nHealth Department of the State in the district. \n \n (2) When any person suffering from any dangerous disease is found to be :- \n \n(a) without proper lodging or accommodation or \n(b) living in a room or house which he neither owns nor pay rent for , nor \noccupies as a guest or relative of the person who owns, or pay rent for \nsuch room or house, or \n(c) living in a sarai, hotel, boarding-house, or hotel or \n(d) lodged in premises occupied by members of two or more families. \n \n The Chief Municipal Executive Officer/Municipal Executive Officer or any \nperson authorized by him i n th is beh alf may, on the advice of any Medical \nOfficer, remove the patient to any hospital or place at which persons suffering \nfrom such diseases are received for medical treatment and may do anyt hing \nnecessary for such removal.", "footnote": "", "is_definition": false, "sort_order": 2820 }, { "number": "293", "title": "Section 293. (1) The Ch ief Municipal Executive Offi cer Municipal Executive Officer may", "chapter": null, "content": "cleanse, or disinfect, or cause destruction of, any building, hut or shed, water \nsource or lodging and eating house, if in his opinion, such cleansing, disinfection \nor destruction would tend to prevent or check the spread of any dangerous \ndisease, and in case of emergency, he may cause s uch cleansing, or \ndisinfection to be done by the employees of the Municipality at the cost of the \nowner or the occupier of such place, or at the cost of the Municipality, if in his \nopinion, such owner or the occupier is unable to pay the cost owing to Poverty. \n \n (2) Where the Chief Municipal Executive Officer/Municipal Executive \nOfficer is satisfied that the destruction of any building, hut or shed, or clothing, or \narticle is immediately necessary for the purpose of preventing the spread of any \ndangerous disease, he may cause such building, hut or shed, or clothing, or \narticle to be destroyed : \n \n \n \n \n \n \n \n \n \nPolluters to pay. \n \n \n \n \n \n \n \n \n \nMunicipality to \nprevent and check \ndangerous diseases. \n \n \n \n \n \n \n \n \nPower of the Chief \nMunicipal Executive \nOfficer/Municipal \nExecutive Officer to \ninspect any place \nand take measures \nto prevent spread of \ndangerous diseases. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of the Chief \nMunicipal Executive \nOfficer/Municipal \nExecutive Officer to \ncleanse, disinfect, \ndestroy, or control \nplaces of infection. \n \n \n \n \n \n \n \n \n\n Provided that compensation may be paid by the Chief Municipal Executive \nOfficer/Municipal Executive Officer to any person who loss substantially by the \ndestruction of such building, hut or shed, or clothing or article. \n \n (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \non being satisfied that it is in the public interest so to do, by order, in writing, \ndirect that any lodging house or any place in the municipal area where articles of \nfood and drink are sold, or prepared, stored or exposed for sale, being a lodging \nhouse or place in which a case of dangerous disease exists or has recently \noccurred, shall be closed for such period as may be specified in the order : \n \n Provided that such lodging house or place may be declared to be open, if \nthe Municipal Health Officer certified that it has been disinfected or is free from \ninfection. \n \n (4) The Chief Municipal Executive Officer/ Municipal Executive Officer or any \nperson authorized by the Municipality may, at all reasonable times, enter into \nand inspect, any market, building, shop, sta ll or place, used for the sale of food \nor drink, or as a slaughterhouse, or for the s ale of drugs, and inspect and \nexamine any food, drink, animal or drug, which may be therein, and if any article \nof food or drink, animal or drug therein intended for the consumption of persons, \nappears to be fit therefore, he may, by notice, res trict the s ale of such food, \ndrink, animal or drug, in such manner and for such period as he may deem fit. \n \n (5) If the Chief Municipal Executive Officer/ Municipal Executive Officer is of \nthe opinion that the water in an y well, tank, or other place in the municipal area \nis likely to cause the spread of any disease, he may, by notice, in writing, \nprohibits the removal or use of such water for drinking, and require the owner or \nthe person having control of such well, tank, or other place to take such steps as \nmay be required by the notice to preven t the public from having access to, or \nfrom usin g, such water and may take such other steps as he may consider \nexpedient to prevent the outbreak or spread of such disease : \n \n Provided that in the case of an emergen cy, the Chief Municipal Executive \nOfficer/ Municipal Executive Officer or any person authorized by him in this \nbehalf may , with or without notice and at any time, inspect and disinfect any \nwell, tank or other place from whi ch water is, or is likely to be taken for the \npurpose of preventing the spread of any dangerous disease.", "footnote": "", "is_definition": false, "sort_order": 2830 }, { "number": "294", "title": "Section 294. (1) In the ev ent of any municipal area or an y part there of being visited or", "chapter": null, "content": "threatened by an outbreak of any dangerou s disease among the inhabitants \nthereof or of any epidemic d isease amo ng any animals therein , the Chief \nMunicipal Executive Officer/ Municipal Executive Officer may, if he thinks \nthat the other provisions of this Act and the provisions of any other law for the \ntime being in force are insufficient for the purpose of preventing the outbreak of \nsuch disease, with the previous approval of the Municipality : \n \n(a) take such special measures and \n(b) by notice, give such directions to be observed by the public or by any \nclass or section of the public as he thinks necessary to prev ent the \noutbreak of such disease : \n \n Provided that where, in the opinion of the Chief Municipal Executive \nOfficer/Municipal Executive Officer, immediate action is necessary, he \nmay take such action without such approval and, if he does so, he shall \nforthwith report such action to the Municipality. \n \n (2) Any person, who commits a breach of any direction given in the notice \nunder clause (b) of sub-section (1) shall be deemed to have committed as \noffence under section 188 of the Indian Panel Code (45 of1860).", "footnote": "", "is_definition": false, "sort_order": 2840 }, { "number": "295", "title": "Section 295. (l) The Municipality may, in its discretion, or shall, when the State", "chapter": null, "content": "Government so direct : \n \n(a) provide pro per places within the municipal area with nec essary \nattendants and apparatus for disinfe ction of conveyances, clothing, \nbeddings, or other articles which have been exposed to infection, and \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSpecial measures in \ncase of outbreak of \ndangerous or \nepidemic diseases. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMeans for \ndisinfection. \n \n \n \n \n\n(b) cause conveya nces, clothing, beddings or other articles brought for \ndisinfection, to be disinfected, either free of charge or on payment of \nsuch charges as it may fix. \n \n (2) The Chief Municipal Exec utive Officer/ M unicipal Executive Officer may \nnotify places at which such conveyances, clothi ng, beddings or other articles, \nwhich have been exposed to infection, shall be washed and if he does, so no \nperson shall wash any such conveyances, clothing, beddings or other articles at \nany place, not so notified, without previous disinfection. \n \n (3) The Chief Municipal Executive Officer Municipal Executive Officer ma y \ndirect the destruction of any clothing, bedding, or other article likely to reta in \ninfections and m ay give such compensation as he thinks fit for any clot hing, \nbedding or other article, so destroyed.", "footnote": "", "is_definition": false, "sort_order": 2850 }, { "number": "296", "title": "Section 296. (1 ) Subject to such regulation as may be made in this behalf, the Chief", "chapter": null, "content": "Municipal Executive Officer Municipal Executive Officer may, either on his own \nor through any other agency, provide and maintain suitable conveyances for the \nfree carriage of persons suffering from any dangerous diseases or dead bodies \nof persons who died of any such disease. \n \n (2) The Chief Municipal Executive Office r/ Municipal Executive Officer may, \neither on his own or through any other agency, provide for disinfection of any \npublic conveyance, which has carried any person suffering from a dangerous \ndisease, or the corpses of a person who died of any such disease.", "footnote": "", "is_definition": false, "sort_order": 2860 }, { "number": "297", "title": "Section 297. Subject to such regulation as may be made in this behalf,", "chapter": null, "content": "the Chief Municipal Executive Officer/ Municipal Executive Officer may prohibit : \n \n(a) the letting out of any infected building without being first disinfected. \n(b) the disposal of infected articles without disinfection, \n(c) the washing of any infected clothes by any washer man or laundry and \n(d) the making and selling of food, or washing of cloths, by infected person. \n \n \nChapter - XXXII \nDisposal of the dead", "footnote": "", "is_definition": false, "sort_order": 2870 }, { "number": "298", "title": "Section 298. (1) No Person shall :", "chapter": null, "content": "(a) retain a corpse on any premises without burning, burying or otherwise \nlawfully disposing it of, for so long a time after death as to create a \nnuisance. \n(b) carry a comes , or part of a corpse, along any street without having or \nkeeping such corpse or part of a corpse dec ently cover ed or without \ntaking such precaution to prevent risk of infection or injury to the \ncommunity health as the Chief Municipal Executive - Officer/Municipal \nExecutive Officer may, by notice, from time to time, think fit to require. \n(c) carry, except w hen no other route is available, a corpse or part of a \ncorpse along any street on which the carrying of corpse is prohibited by \nnotice issued by the Chief Municipal Executive Officer/ Municipal \nExecutive Officer in this behalf. \n(d) remove corpse or part of a corpse , which has been kept or used for \npurpose of dissection, otherwise than in a closed receptacle or vehicle. \n(e) place or leave, during its conveyance, a corpse or part of a corpse, on or \nnear any street without urgent necessity. \n(f) bury, or caused to be buried, any corpse or part of a corpse in the grave \nor vault or otherwise in such manner as may cause th e surface of the \ncoffin or, when no coffin is used, of the corpse or part of the corpse, to be \nat a depth of less than two meters from the surface of the ground. \n(g) Built, dig or cause to be built or dug, any grave or vault in any burial \nground at a distance of less than one -half of a meter from the margi n of \nany other grave or vault. \n(h) build or dig, or cause to be built or dug, a grave or vault in any burial \nground in any line, not marked out of such purpose by or under the order \nof the Chief Municipal Executive Officer/ Municipal Executive Officer, \n(i) reopen for the interment of a corpse or of any part of corpse a grave or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSpecial conveyance \nfor carrying infected \npersons. \n \n \n \n \n \n \n \nProhibitions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nActs prohibited in \nconnection with \ndisposal of dead. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nvault already occupied, without the w ritten pe rmission of Municipal the \nChief Executive Officer/ Municipal Executive Officer, \n(j) make, witho ut the permission of the Chief Municipal Executive Officer/ \nMunicipal Executive O fficer, any vault or grave or interment within any \nwall, or underneath any passage, porch, portico, plinth or verandah, of \nany place of worship. \n(k) make without permission of the Chief Municipal Executive Offi cer \nMunicipal Executive Offi cer, any interment or otherwise disp ose of any \ncorpse in any place which is closed under section 300, \n(l) muild, dig or causing to be built or dug, any grave or vault, or in any way, \ndispose of or suffer or permit to be dis posed at any place, which is not \npermitted under this chapter, without the permission of the Chief \nMunicipal Executive Officer Municipal Executive Officer, \n(m) exhume without the permission of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer, any body from any place far the disposal of \nthe dead except under the provision of the Code of Criminal procedure, \n1973, (2 of 197 4) or any other law for the time being in force. \n \n (2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \nin special cases, grant permission for any of the purpose referred to in clauses \n(j) to (m) of sub-section (1), subject to such general or special order as the State \nGovernment may, from time to time make in this behalf. \n \n (3) Any contravention of the provision of clauses (j) to (m) of sub sect ion (1) \nshall be deemed to be a cognizable offence within the meaning of the Code of \nCriminal procedure, 1973.", "footnote": "", "is_definition": false, "sort_order": 2880 }, { "number": "299", "title": "Section 299. (1) Subject to such regulations as may be made in th e behalf every owner", "chapter": null, "content": "or person having the control of any place already used for disposal of the dead \nbut which is not vested in, or owned by t he Municipality or any Board appointed \nby the State Government for administration of such place, shall submit to the \nChief Municipal Executive Officer/ Municipal Executive Officer an application for \nregistration of such place, containing such particulars as maybe specified by the \nMunicipality within a period of three months from the date of commencement of \nthis Act. \n \n (2) lf the Chief Municipal Executive Offi cer/ Municipal Executive Officer is \nsatisfied with the application and the pa rticulars under sub -section (1), he may \nregister su ch place on such terms and conditions as may be Provided by \nregulations. \n \n (3) The Chief Municipal Executive Officer/ Municipal Executive Officer may, \nwith the approval of the Empowered Standing Committee, provide suitable and \nconvenient place for the disposal of the dead within the municipal area, subject \nto the provisions of any State law r egulating such land use or, in the of any \nprovisions of any State law in this behalf in the municipal area, with the approval \nof the State Government. \n \n (4) No place which has not previously been lawfully used or to registered for \nthe disposal of the dead shall be opened for such disposal except in conformity \nwith the provisions of any State law such land use or in the absence of any \nprovisions of any State law in this behalf in the municipal area, with the approval \nof State Government. \n \n300.Where the Chief Municipal Executive officer/Municipal Executive Officer is \nof the opinion that any burning place or burial ground or place for the disposal of \nthe dead has b ecome offensive or dangerous to the health of persons residing \nin the neighbourhood or for any other reasons to be recorded in writing, he may, \nwith the previous approval of the Empowered Standing Committee, and b y \nnotice in writing require the owner or th e person in charge of such burning \nplace or burial ground or pl ace for the disposal of the dead, to close such \nburning place or burial ground or place for the disposal of th e dead from such \ndate as may be specified in the notice.", "footnote": "", "is_definition": false, "sort_order": 2890 }, { "number": "301", "title": "Section 301. (1) Whenever any animal, which is under of the charge any person dies", "chapter": null, "content": "such person shall within twenty four hours of such death, either: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRegistration of \nplaces for disposal \nof the dead. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to require \nclosing of burning \nand burial ground \netc. \n \n \n \n \n \n \n \nDisposal of dead \nanimals. \n\n \n(a) convey the car cass to a place provided or appointed under this Act for \nthe final disposal of carcasses of dead animals, or \n(b) give notice of the death to the Municipal Executive Officer whereupon he \nshall the carcass to be disposed of. \n \n (3) In respect of the disposal of the carcass of a dead animal under clause \n(b) of sub section (1) Chief Municipal Executive Officer/ Municipal Executive \nOfficer may c harge such fee as may be determined by the Municipal by \nregulations. \n \n (4) Wh ere any dead animal does not belong to any person, the Chief \nMunicipal Executive Officer/Municipal Executive Officer shall act immediately for \ncausing the carcass to be disposed of. \n \n \nChapter – XXXIII \nUrban Forestry, parks, Gardens, Trees and playgrounds.", "footnote": "", "is_definition": false, "sort_order": 2900 }, { "number": "302", "title": "Section 302. (1) The Municipality shall take necessary steps for:", "chapter": null, "content": "(a) Promotion of urban forestry. \n(b) Creation of public parks and gardens and planting of trees, \n(c) Provision of park and playgrounds for children and youth. \n(d) Provision of street side gardens. \n(e) Encouragement of nurseries, and \n(f) Organization of flowers shows. \n \n (2) The Municipality may from time to time take steps to promote \nawareness about the natio nal heritage of flora and fauna among the school \nchildren and the youth. \n \n (3) The municipality may from time to time take steps to pr omote harvesting \nof rain water in p ublic parks, gardens and other op en space under its \nadministrative control campaign to promot e public a wareness for conservation \nfor of rain water. \n \n \nREGULATORY JURISDICTION \n \nChapter - XXXIV \nDevelopment Plans", "footnote": "", "is_definition": false, "sort_order": 2910 }, { "number": "303", "title": "Section 303. Having regard t o the provision of articles 243Z D and article 243ZEof the", "chapter": null, "content": "Constitution of India and of any State Law enacted under thes e articles a \nMunicipality shall participate in the election of members of the District Planning \nCommittee or the Metropolitan Planning Committee, as the case may be and \nsuch members shall actively represent the interests of the Municipality in such \ncommittees.", "footnote": "", "is_definition": false, "sort_order": 2920 }, { "number": "304", "title": "Section 304. (1) Having regard to the draft development plan, as prepared by the District", "chapter": null, "content": "Planning Committee or the Metropolitan Planning Committee, as the case may \nbe and as approved by the State Govern ment, the Municipality shall implement \nsuch components of such development plan as relates to its jurisdiction and \ncarry out such function as may be assigned to it in this behalf. \n \n (2) Without pr ejudice to the generality of the foregoing provisions of this \nsection and subject to the provisions of section 10, the Municipality shall \nundertake : \n \n(a) Preparation of plans for improvement under chapter XXXV and \n(b) Plans for infrastructure development including water supply, drainage \nand sewerage, solid waste management, roads and transport system \naccessories. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipality to \nimplement schemes. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRepresentation in \nDistrict Planning \nCommittee or \nMetropolitan \nPlanning Committee. \n \n \nMunicipality to \nimplement \ndevelopment plans. \n \n \n \n \n \n \n \n \n \n \n \n \n\n \nChapter XXXV \nImprovement", "footnote": "", "is_definition": false, "sort_order": 2930 }, { "number": "305", "title": "Section 305. (1 ) If it appears to the Chief Municipal Executive Officer/ Municipal", "chapter": null, "content": "Executive Officer that any block of building is in an unhealthy condition by \nreason of the manner in which the building are crowded together or the \nnarrowness, closeness, or faulty arrangement of streets or the want of proper \ndrainage and ventilation or the impracticability of cleansing the buildings or by \nreasons of any other cause to be specified in writing, he shall cause block of \nbuildings to be inspir ed by t he Chief Municipal Health Officer and the Chief \nMunicipal Architect and Engineer , who shall consult the owners and the \noccupier of such block of buildings and the owners and the occupier of other \nbuilding affected by the unhealthy condition and shall thereafter make a report in \nwriting to him regarding the sanitary condition of such block of buildings. \n \n (2) If, upon receipt of the report under sub section (1), the Chief Municipal \nExecutive Officer/ Municipal Executive Officer considers that the sanitary \ncondition of such block of building is likely to cause risk of disease to the \ninhabitants of that building or the neighbourhood or otherwise t o endanger the \ncommunity health, he shall with the approval of the -Empowered S tanding \nCommittee, select the buildings which in his op inion should wholly or in part be \nremoved in order to abate the unhealthy condition of such block of building and \nmay thereupon by notice, in writing, require the owners of such buildings to \nremove them within such period as may be specified in the notice : \n \n Provide that before issuing the notice, a reasonable opportunity shall be \ngiven to the owners to show cause, either in writing or in person, why the \nbuildings should not be removed : \n \n provided further that t he Chief Mu nicipal Executive Officer/ Municipal \nExecutive Officer shall for the removal of any such building, which may have \nbeen erected lawfully, pay compensation to the owner for any such building. \n \n (3) If the notice under sub section (2) requiring an, owner of a building to \nremove such building is no complied with then after t he expiration of the period \nspecified in t he notice, th e Chief Municip al Executive Officer/ Municipal \nExecutive Officer may himself remove the building and recover from t he owner \nof the building the expenses of such remove as an arrear of tax under this Act.", "footnote": "", "is_definition": false, "sort_order": 2940 }, { "number": "306", "title": "Section 306. ( 1) If upon information in his possession, the Ch ief Municipal Executive", "chapter": null, "content": "Officer Municipal Executive Officer is satisfied that any building is in any res pect \nunfit for human hab itation, he m ay unless in opinion the building is not capable \nof be rendered fit at a reasonable expense, ser ve on owner of the building a \nnotice requiring him within such period, not being less than thirty days, as may \nbe specified in the notice, to execu te the works of improvement specified \ntherein, and stating that in his opinion such works will render the building fit for \nhuman habitation. \n \n (2) In addition to the notice served on the owner of the building under sub -\nsection (1), the Chief Municipal Executive Officer/ Municipal Executive Officer \nmay also serve a copy of the notice on any other person having an interest in \nthe building, whether as a lessee or as a mortgagee or otherwise. \n \n (3) In determining whether a biding can be rendered fit for human habitation \nat a reasonable expense, regard shall be had to the estimated cost of the works \nnecessary to render the building so fit and the estimated value which the \nbuilding will have on completion of the works. \n \n (4) If the notice under sub -section (1) requiring the owner of the building to \nexecute the work of improvement is not complied with, then on the expiration of \nthe period specified in the notice, the Chief Municipal Executive Officer/ \nMunicipal Executive Officer may himself do the works required to be done by the \nnotice and recover the expense incurred in connection therewith as an arrear of \ntax under this Act.", "footnote": "", "is_definition": false, "sort_order": 2950 }, { "number": "307", "title": "Section 307. (1) Where, upon information in his possession, the Chief Municipal", "chapter": null, "content": "Removal of \ncongested buildings. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to require \nImprovement of \nbuilding unfit for \nhuman habitation. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to ord er \n\nExecutive Officer/ Municipal Executive Officer is sa tisfied that any building is \nunfit for human habitation and is not capable at a reasonable expense of being \nrendered fit, he shall serve upon the owner of the building and upon any other \nperson having an interest in the building, whether as a lessee or as a mortgagee \nor otherwise, a notice to show cause within such time as may be specified in the \nnotice as to why an order of demolition of the building should not be made. \n \n (2) If the owner of the building, or other person upon whom a notice has \nbeen s erved under sub -section (1), appears in pursuance thereof before the \nchief Municipal Executive Offi cer/ Municipal Executive Officer and gives an \nundertaking that he shall, within a period specified by the Chief Municipal \nExecutive Officer/ Municipal Execut ive Officer, execute such works of \nimprovement in relation to the building as will, in the opinion of the Chief \nMunicipal Executive Officer/ Municipal Executive Officer, render the building fit \nfor human habitation or that the building shall not be used fo r human habitation \nuntil the Chief Municipal Executive Officer/ Municipal \nExecutive Officer on being satisfied that it has been rendered fit for such \nhabitation, cancels the undertaking, the Chief Municipal Executive Officer/ \nMunicipal Executive Officer shall not make an order of demolition of the building. \n \n (3) If no such undertaking as is referred to in subsection (2) is given, or if, in \na case where any such undertaking has been given, the works of improvement \nto which the undertaking relates are not carried out within the specified period or \nthe building is used in contravention of the undertakings, the Chief Municipal \nExecutive Officer/Municipal Executive Officer sha ll forthwith make an order of \ndemolition of the building requiring that the build ing shall be vacated within a \nperiod to be specified in the order, not being less than thirty days from the date \nof the order, and demolished within six weeks on the expiration of that period. \n \n (4) Where an order of demolition of a building under this section has been \nmade, the owner of the building or any other person having an interest therein \nshall demolish such building within the period specified in the order and if such \nbuilding is not demolished the building, the municipal executive officer shall sell \nthe materials thereof. \n \n (5) Any expenses incurred by the Chief Municipal Executive Officer/ \nMunicipal Executive Officer for carrying out the purpose of sub -section (4), \nwhich cannot be met out of the proceeds of the sale of materials of the building, \nshall be recovered from the owner of the building or any other person having an \ninterest therein as an arrear of tax under this Act. \n \n (6) In determining, for the purpose of this section and section 306, whether a \nbuilding is unfit for huma n habitation, regard shall be had to its condition in \nrespect of the matters, such as: \n \n(a) Repairs, \n(b) stability, \n(c) freedom from damp, \n(d) natural light and air, \n(e) water supply, \n(f) drainage and sanitary convenience and \n(g) facilities for storage, preparation and cooking of food and for the disposal \nof rubbish, filth and other polluted matter. \n \nand the building shall be deemed to be fit for human habitation only, if it is \nso defective in one or more of the matters as aforesaid that it is not \nreasonably suitable for occupation in that condition. \n \n (7) For the purpose of this section and section 306 \"works of improvement\" \nin relation to a building shall include any one or more of the following : \n \n(a) necessary repairs, \n(b) structural alterations, \n(c) provision of light points and water taps, \n(d) construction of drains, open or covered, \n(e) provision of latrines and urinals, \n(f) provision of additional or improvement fixtures and fittings, \ndemolition of \nbuilding unfit for \nhuman habitation. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(g) opening up or paving of courtyard, \n(h) removal of rubbish, filth and other polluted and obnoxious matter and, \n(i) any other work including the demolition of any building or any part there \nof which. in the opinion of the Municipal Executive Officer, is necessary \nfor executing any of the works as aforesaid. \n \n (8) The provisions of this section and section 305 and section 306 shall not \napply in relation to any building in any area which has been declared to be a \nslum area under any State law relating to improvement or clearance of slums.", "footnote": "", "is_definition": false, "sort_order": 2960 }, { "number": "308", "title": "Section 308. If the Municipality, upon information in its possession in respect of any", "chapter": null, "content": "built-up area within the municipal area, is satisfied that : \n \n(a) the building in that area are, by reason of disrepair or sanitary defects, \nunfit for human habitation or are by reason of their bad arrangement or \nnarrowness or bad arrangement of the stree ts or wants of light air, \nventilation or proper conveniences, dangerous or injurious to the health \nof the inhabitants of that area or, \n(b) because of bad layout or obsolete or undesirable dwellings, renewal of \nsuch area is necessary or, \n(c) there is need to crea te new or improvement means of communication \nand facilities for traffic, and that the most satisfactory methods of \nremedying these defects is to prepare an area improvement scheme in \nrespect of such area, the Municipality may pass a resolution so to do. \n \nExplanation: - For the purpose of this section and section 309, the \nexpression \"built-up area\" shall mean an area which in the opinion -of the \nEmpowered Standing Committee is densely built up.", "footnote": "", "is_definition": false, "sort_order": 2970 }, { "number": "309", "title": "Section 309. An area improvement scheme may provide for all or any of th e following", "chapter": null, "content": "matters, namely : \n \n(a) laying out, or relaying out, land, either vacant or already built upon, \n(b) filling up, or reclamation, of low lying swampy or unhealthy areas or \nlevelling up of land, \n(c) redistribution of sites belonging to owners of property comprised in the \nscheme, \n(d) reconstitution of plots, \n(e) construction or reconstruction of buildings, \n(f) restriction on the erection or re -erection of any building or any class of \nbuildings, \n(g) imposition of conditions and restriction in regard to the open spaces to \nbe maintained around any building, percentage of built-up area for a plot, \nnumber, height and character of buildings allowed in specified areas, \nsub-division of plots, discontinuance of objectionable uses of land or \nbuilding in any area for specified period s, parking spaces and loading \nand unloading spaces for any building and advertisement signs. \n(h) closure or demolition of buildings or portion of buildings unfit for human \nhabitations, \n(i) demolition of obstructive buildings or portions thereof, \n(j) laying out of new streets or roads and construction, diversion, extension, \nalteration, improvement and closing up of streets or roads and other \nmeans of communication, \n(k) regular line of street and prohibition of buildings within the regular line of \nstreets, \n(l) construction, alteration and removal of bridges and other structures, \n(m) provision for traffic engineering schemes, street lighting, street furniture \nand other convenience, \n(n) provision for water supply, sewerage, surface or sub-soil drainage and \nsewage disposal, \n(o) provision for open spaces, \n(p) Preservation and protection of objects of historical importance or of \nnational interest or of natural beauty and of buildings actually used for \nreligious purpose and \n(q) any other matt er not inconsistent with the provisions of this Act and for \nwhich, in the opinion of the Municipality, it is expedient to make provision \nwith a view to improving the area to which the scheme relates. \n \n \n \n \n \n \n \n \n \n \nArea improvement \nscheme. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMatters to be \nprovided in area \nImprovement \nscheme.", "footnote": "", "is_definition": false, "sort_order": 2980 }, { "number": "310", "title": "Section 310. (1) Every area improvement scheme shall, as soon as may be after it has", "chapter": null, "content": "been prepared, be submitted for approval by the Chief Municipal Executive \nOfficer/Municipal Executive Officer to the Municipality which may either approve \nthe scheme without modifications or with such modifications as it may consider \nnecessary or reject the scheme with direction to the Chi ef Municipal Executive \nOfficer Municipal Executive Officer to have a fresh scheme prepared according \nto such directions. \n \n (2) No area improvement scheme approved by the Municipality under sub -\nsection (1) which involves acquisition of land and provisio n of funding support \nfrom the State Government, shall be valid unless it has been approved by the \nState Government,", "footnote": "", "is_definition": false, "sort_order": 2990 }, { "number": "311", "title": "Section 311. While preparing an improvement scheme under this chapter for any area", "chapter": null, "content": "the Chief Municipal Executive Officer/ Municipal Executive Offic er may also \nprepare a scheme (hereinafter referred to in this Act as Re -housing scheme) for \nthe construction, maintenance and management of such buildings as he may \nconsider necessary for providing accommodation for persons who are likely to \nbe displaced by the execution of the area improvement scheme.", "footnote": "", "is_definition": false, "sort_order": 3000 }, { "number": "312", "title": "Section 312. No area improvement scheme or re -housing scheme prepared under this", "chapter": null, "content": "chapter shall be valid unless such scheme is in conformity with the provisions of \nthe structure plan, if any for the Municipal area. \n \nExplanation: - \"Structure Plan\" shall mean a plan which provides a broad \nstrategic framework for preparation of subsequent local plans and takes into \nconsideration the regional context, the transportation linkages and the issues \nrelating to employment, shelter and environment. \n \n \nSubmission of area \nImprovement \nscheme to \nMunicipality and \nState Government. \n \n \n \n \n \n \n \n \nRe-housing scheme. \n \n \n \n \n \n \nArea improvement \nscheme and re -\nhousing scheme to \ncomply with \nstructure plan.", "footnote": "", "is_definition": false, "sort_order": 3010 }, { "number": "313", "title": "Section 313. Any area improvement scheme prepared under this chapter may be", "chapter": "chapter may", "content": "executed by the Municipality itself or by such person or authority as the \nEmpowered Standing Committee may select under chapter XXI.", "footnote": "", "is_definition": false, "sort_order": 3020 }, { "number": "314", "title": "Section 314. Subject to the provision of this Act, the Municipality may require", "chapter": null, "content": "acquisition of any land or building, whether situated in the municipal area or \nnot, for the purpose of : \n \n(i) opening out any congested or unhealthy area or otherwise improving \nany portion of municipal area, or \n(ii) erecting sanitary dwellings for working and poor people or \n(iii) executing any development plan or scheme for the benefit of \npersons residing in the municipal area.", "footnote": "", "is_definition": false, "sort_order": 3030 }, { "number": "315", "title": "Section 315. The Municipality may define the external limits of any slum and may, from", "chapter": null, "content": "time to time, alters such limit", "footnote": "", "is_definition": false, "sort_order": 3040 }, { "number": "316", "title": "Section 316. (1) Notwithstanding anything contained in any other law for the time being", "chapter": null, "content": "in force, the Municipality may with the approval of the State Government \nprepared such improvement scheme for the purpose of effecting environmental \nor general improvement of slums as it may consider necessary and publish a \ncopy of such scheme in such manner as may be prescribed. \n \n (2) The slum improvement sch eme may provide for all or any of the \nfollowing matters:- \n \n(a) water supply including sinking of tube wells, laying of water pipelines, \ninstallation of over header servoirs and flushing arrangement for privies \nand urinals, \n(b) drainage and sewerage including connections with any existing channel \nor sewer main or laying or diverting of drains. \n(c) Conversion of service privies into septic tank privies or water borne \nprivies connected with sewer mains, \n Execution of area \nimprovement \nscheme. \n \n \n Power to acquire \n land and building \n for area \n improvement \nscheme. \n \n \n \n \nPower of Municipality \nto define and to alter \nlimits of slum. \n \n \nSlum improvement \nScheme. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(d) Sewerage and garbage removal, \n(e) Raising, lowering or levelling of land and improvement of pathways and \npassages, \n(f) Lighting including laying of cables or over headlines, \n(g) Improvement of huts or other structure and \n(h) Such other ma tters as may be considered necessary for carrying out \nthe purposes of this chapter. \n \n(3) While approving any slum improvement scheme, the State Government \nshall take into account the activities of other agencies or authorities affecting \nall or any of the matters referred to in sub-section (2).", "footnote": "", "is_definition": false, "sort_order": 3050 }, { "number": "317", "title": "Section 317. (1) If, at any time, it becomes necessary to acquire the right of user in any", "chapter": null, "content": "land in or around any slum for the purpose of implementing any improvement \nscheme in respect of such slum, the State Government may, on the \nrecommendation of the Municipality in this behalf declare, by notification, its \nintention to acquire such right and inviting suggestion or objections from \npersons likely to be affected thereby within such time as may be specified in \nthe notification. \n \n(2) Every suggestion or objection received under subsection(1) shall be heard \nby the Chief Municipal Executive Officer/ Municipal Executive Officer after \ngiving an opportunity to all persons affected to make personal representation, if \nany, \n \n(3) The Chi ef Municipal Executive Officer/ Municipal Executive Officer shall \nsubmit a report to the Empowered Standing Committee after the hearing under \nsub-section (2) and after making such enquiry in this behalf as he may \nconsider necessary. \n \n(4) After considering the views of the Empowered Standing Committee, the \nState Government may, by notification declare that the right of user in such \nland which shall be acquired. \n \n(5) With effect from the date of publications of the notification under sub -\nsection (4), the right of user in such land shall vest in the Municipality free from \nall encumbrances.", "footnote": "", "is_definition": false, "sort_order": 3060 }, { "number": "318", "title": "Section 318. Notwithstanding anything contained in the foregoing provisions of this", "chapter": null, "content": "chapter, the Municipal Executive Officer may, for reasons of environmental \nsanitation cause the following works to be executed in any slum : \n \n(a) sinking of tube-welIs inside a slum including laying of water-pipes lines, \ninstallation of over header servoirs and other appurtenances necessary \nto maintain flushing arrangements of privies and sewers, \n(b) laying of drains or diversion of existing drains, \n(c) conversion of service privies into connected privies or septic tanks, \n(d) removal of silt from sewers and sludge from septic tanks inside a slum, \n(e) removal of solid or liquid wastes from slums including cleansing of th e \ndeck or squatting platform of the connected privies or septic tanks, \n(f) laying of internal roads, \n(g) provision of street lighting and \n(h) repair work relating to any of the works referred to in clauses (a) to (e). \n \n \nChapter - XXXVI \nPublic streets \nA. General Powers", "footnote": "", "is_definition": false, "sort_order": 3070 }, { "number": "319", "title": "Section 319. (1) The Municipality shall constitute a Municipal Streets Technical", "chapter": null, "content": "Committee with the following elected members, namely : \n \n(a) in the case of a Class \"A\" Municipal Council, five Councillors to be \nelected by the Municipal Council and \n(b) in the case of a Class \"B\" or Class \"C\" Municipal Council or a Nagar \nPanchayat, three Councillors to be elected by the Class \"B\" or Class \n \n \n \n \n \n \n \n \n \n \n \n \nAcquistion of right of \nuser. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nWork to be executed in \nslum. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal Streets \nTechnical Committee. \n \n \n \n \n \n\n\"C\" Municipal Council or the Nagar Panchayat as the case may be. \n \n(2) In addition to the members mentioned in subsection(1), the Munic ipal \nStreet Technical Committee shall have six other members namely: \n \n(a) The Chief Municipal Executive Officer/ Municipal Executive Officer who \nshall be the convenor of the Committee, \n(b) The Municipal Engineer, \n(c) The Municipal Architect, \n(d) A police officer, not be low the rank of an Inspector or Police to be \nnominated by the Superintendent of Police of the District concerned \nand \n(e) Two officers having responsibility for fire service and preparation of \ndevelopment plans (i.e. Town Planner) for the municipal area to be \nnominated by the State Government either from amongst the officers \nof the Municipality or from the officers of the concerned State \nGovernment Departments or any authority under any law for the time \nbeing in force. \n \n(3) The term of the Municipal Streets Tec hnical Committee shall be such as \nmay be specified by the Chief Councillor and a new Municipal Streets \nTechnical Committee shall be constituted before the expiry of the term of the \nexisting Municipal Streets Technical Committee. \n \n(4) The Municipal Streets Technical Committee shall meet at least once in a \nmonth. \n \n(5) The Municipal Streets Technical Committee shall in order to secure the \nexpeditious, convenient and safe movement of traffic , including pedestrian \ntraffic and suitable and adequate parking facili ties on and off the public streets \nand having regard to : \n \n(a) the desirability of securing and maintaining reasonable access to \npremises, \n(b) the effect on the amenities of any locality affected and \n(c) any other relevant matter referred to it by the Municipality. \n \naid, advise and assist the Municipality in the following matters namely :- \ni. classification of public streets and specification of width thereof, \nii. prescription of regular line of street, \niii. regulation of abutting land uses, \niv. regulation of traffic, \nv. designation of on-street parking areas, \nvi. allocation of rights of way for underground utilities, \nvii. placement of street furniture, \nviii. placement of authorized fixtures on streets such as electric and \ntelegraph poles, post boxes, telephone junction boxes, sheds for buses \nand milk booths, \nix. opening of new public streets, \nx. Permanent or temporary closure of existing public streets, \nxi. declaring private streets as public streets and \nxii. any other matter that may be referred to it by the Municipality. \n \n(6) The Municipal Streets Technical Committee shall make recommendation to \nthe Municipality on any matter in conformity with the structure plan, or a \nscheme under section 308 or section 311 as the case may be or any other \ndevelopment and improvement scheme prepared by any competent authority \nunder any law for the time being in force, and shall take into account such \nplans, proposals, surveys , studies and supporting technical data on such \nmatter as might be in the possession of the Municipality or any planning or \ndevelopment authority or any D epartment of the State Government or any \nsuch competent authority. \n \nExplanation: - \"Structure Plan\" shall have the same meaning as in the \nExplanation below section312. \n \n(7) Municipal Streets Technical Committee may call for any record, document, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nmap or data from the Municipality or any planning or development authority of \nany Department of the State Government or any other authority under any \nState law for the time being in force, and thereupon, it shall be the duty of such \nDepartment or authority to comply with such requisition. \n \n(8) The Municipality shall consider the recommendation of the Municipal \nStreets Technical Committee and take such decision thereon as it think fit after \ntaking into account plans, proposals, survey, studies and supporting technical \ndata, if any, referred to in sub-section (6). \n \n(9) If any doubt arises as to whether the decision under sub-section (8) is in \nconflict with any plan, scheme or Programme of any competent authority under \nany law for the time being in force, the matter shal l be referred to the State \nGovernment whose decision thereon shall be final.", "footnote": "", "is_definition": false, "sort_order": 3080 }, { "number": "320", "title": "Section 320. (1) Subject to the provision of section 10, the Empowered Standing", "chapter": null, "content": "Committee shall classify all public streets in the municipal area in the following \ncategories :- \n \n(a) Category-I - arterial roads. \n(b) Category-Il - sub-arterial roads. \n(c) Category-Ill- collector roads, \n(d) Category-IV - local roads and, \n(e) Category -V- pedestrian pathways \n \n(2) The classification shall be done with due regard to the traffic rule of the \nparticular public street and the nature and volume of traffic on it, its existing \nwidth and abutting land uses : \n \nProvided that the different names of public streets, which constitute essential \nparts of continuous traffic corridor shall not come in the way of their inclusion in \nany particular category. \n \n(3) The Empowered Standing Committee shall from time to time specific the \nminimum widths of different categories of public streets with regard to the \nexisting widths of such streets as may be included in such categories : \n \nProvided that the minimum width of any public street included in category I or \ncategory II or category III or category IV shall be not less than ten meters \nincluding the adjoining footpath, if any and that of a public street included in \ncategory V shall be not less than six meters : \n \nProvided further that such minimum widths may be revised by the Empowered \nStanding Committee from time to time. \n \n(4) The classification of the public streets in different categories maybe revised \nfrom time to time.", "footnote": "", "is_definition": false, "sort_order": 3090 }, { "number": "321", "title": "Section 321. (1) The Municipality shall ensure within a reasonable time and subject to", "chapter": null, "content": "the availability of resources, that all public streets under category I , Category II \nand Category III have raised footpath adjoining such public streets. \n \n(2) Notwithstanding the existing situ ation the Empowered Standing Committee \nshall specify different minimum widths for footpaths which are adjacent to the \npublic streets under Category I, Category II or Category III so as to be not less \nthan one and a half meters on each side in any case : \n \nProvided that more than one minimum width may be specified for the foot path \nabutting each category of public streets so as to provide for different \nrequirements owing to different abutting land uses: \n \nProvided further that while prescribing or revising any regular line of a public \nstreet, it shall be stipulated that the specification of minimum width for \nfootpaths shall be complied with. \n \n(3) The minimum widths referred to in sub -section (2) may be revised by the \nEmpowered Standing Committee. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nClassification of public \nstreets. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCompulsory provision \nof footpaths.", "footnote": "", "is_definition": false, "sort_order": 3100 }, { "number": "322", "title": "Section 322. (l) The Municipality shall –", "chapter": null, "content": "(a) determine the name or number by which any street or public place \nvested in it shall be known, \n(b) cause to be put up or painted at a conspicuous part of any building, \nwall or place at or near each end, corner or entrance of such streets or \nsome convenient part of such street, the name or number by which it \nshall be known, and \n(c) Cause to be put up or painted on boards of suitable size the name of \nany public place vested in the Municipality. \n \n(2) The Municipality may have regard to the hierarchy of the street system, by \nregulations, specify the norms according to which the streets may be named or \nnumbered. \n \n(3) No person shall destroy, remove, deface or in any way injure or alter any \nsuch name or number or sub-number put up or paint any name o r number or \nsub-number different from that put up or painted by order of the Municipality.", "footnote": "", "is_definition": false, "sort_order": 3110 }, { "number": "323", "title": "Section 323. (1) Municipality shall, when so required by the State Government, assign", "chapter": null, "content": "a unique premises number to every premises or part thereof in the municipal \narea and s hall cause to be maintained a register wherein such unique \npremises number shall be recorded in respect of each such premises. \n \nExplanation :- In this section, the expression “unique premises number\" shall \nmean a number assigned to the premises or part the reof by the Municipality in \nthe following manner, namely :- \n \n(a) the first three digit indicating the ward number, \n(b) the next three digit indicating the street number, \n(c) the next four digit indicating the premises number, \n(d) the next three digit indicating the sub-premises number, \n(e) the next one digit indicating the code of the building use, such as \nresidential, commercial, industrial or other use, and \n(f) The last one digit indicating the code of type of construction. \n \n(2) When the unique premises number in respect of premises in any ward of \nthe Municipality have been determined , the Chief Municipal Executive \nOfficer/Municipal Executive Officer shall notify such unique premises number \nin such manner as maybe prescribed. \n \n(3) When, after the unique premises numbers in re spect of premises in any \nward have been notified under sub -section (2), any person is required under \nthis Act or any other State law to make any application to the Municipality for \nany permission or license or for payment of any tax, or for payment of any \ndues for any service or for such other purposes as maybe prescribed, the \nperson making the application shall mention in the application the unique \npremises number assigned under subsection (1).", "footnote": "", "is_definition": false, "sort_order": 3120 }, { "number": "324", "title": "Section 324. Subject to the provisions of the Indian Telegraph Act1885 (13 of 1885),", "chapter": null, "content": "the Indian Electricity Act , 1910 (9 of1910) and such other laws as may be \nnotified by testate Government for the purposes of this section, the State \nGovernment may, by rules provide for the following namely:- \n \n(a) the sanction by the Municipalit y of specific rights of way in the sub -soil \nof public and private streets in any municipal area for different public \nutilities including electric supply, telephone or other telecommunication \nfacilities, gas pipe, water supply, drainage and sewerage, and \nunderground rail system, pedestrian sub -ways, shopping plazas, \nwarehousing facilities and apparatus and appurtenances related thereto \nprovided by testate Government or any statutory body or any licensee \nunder any of the above mentioned Acts or other laws, \n(b) the levy of any fee or charge under any of the Acts or other laws as \nforesaid, \n(c) the furnishing to the Municipality of maps, drawings and statements \nwhich shall enable it to compile and maintain precise records of the \n \n \nNaming and \nnumbering of streets. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nUnique premises \nnumber. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRights of way for \nUnderground utilities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nplacement of the underground utilities in the municipal area, \n(d) the fixing of time limit for execution of work and imposing of such \nconditions in this respect as the Municipality may consider appropriate \nand \n(e) The imposing of penalty in case of delay in the completion of work.", "footnote": "", "is_definition": false, "sort_order": 3130 }, { "number": "325", "title": "Section 325. The Chief Munic ipal Executive Officer/ Municipal Executive Officer shall", "chapter": null, "content": "cause to be maintained complete survey maps, drawing and descriptions of all \nunderground utilities in the municipal area and maps of fire hydrants a nd \nsewerage man holes in such form and in such man ner as may be provided by \nregulations and shall ensure the secrecy of the same inconformity with the \nprovisions of any law relating to right to information.", "footnote": "", "is_definition": false, "sort_order": 3140 }, { "number": "326", "title": "Section 326. (l) The Municipality may by notice, in writing :-", "chapter": null, "content": "(a) prohibit or regulate, either temporarily or permanently, vehicular traffic \nin any public street or any portion thereof so as to prevent danger, \nobstruction or inconvenience to the public or to ensure quietness in any \nlocality, \n(b) prohibit, in respect of a public street or a portion thereof, the tran sit of \nany vehicle of such type, form, construction, weight, emission or size or \nof any vehicle laden with such heavy or unwieldy object as is likely to \ncause injury to the roadways or any construction thereon, or of any \nvehicle on the ground of public convenience, except under such \nconditions as to time, mode of traction or locomotion use of appliances \nfor the protection of roadways, number of light and assistants and other \ngeneral precautions and on payment of such charges as may be \nspecified by the Municipality generally or specifically in each case, \n(c) Prohibit at all times or during any particular hours, entry of any vehicular \ntraffic from or exit of such vehicular traffic into any premises from any \nparticular public street carrying such traffic. \n \n(2) Any notice under sub-section (1) shall, if such notice applies t o any \nparticular public street, be pasted in conspicuous places at or near both ends \nof such public street or any portion thereof to which such notice applied or if \nsuch notice applied generally to all public streets, be advertised. \n \n(3) Notwithstan ding anything contained in sub - section (1), the Municipality \nmay declare by notice in writing that any pedestrian pathway or a portion \nthereof shall be used as bicycle and pedestrian track. \n \n(4) The no tice refer red to in sub -section (3) shall be pasted i n conspicuous \nplaces at or near both ends of su ch public street or any portion thereof to \nwhich the provision of sub-section (3) apply. \n \nB. Regular line of Street", "footnote": "", "is_definition": false, "sort_order": 3150 }, { "number": "327", "title": "Section 327. (1 ) The Municipal ity may, with due regard to the minimum widths", "chapter": null, "content": "specified for various categories of street including the footpaths adjoining the \nsame, define the regular l ine on one or both sides of any public street or \nportions thereof in accordanc e w ith the regulati ons made in this behal f and \nmay redefine at any time any such regular line :- \n \nProvided that before such defini ng or redefining, as th e case may be, the \nMunicipality shall, by notice, afford a reasonable opportunity to the residents of \npremises abutting on such public street to make suggestions or objections with \nrespect to the pro posed defined or redefined line of the street and shal l \nconsider all such suggestions or objections whi ch may be made within one \nmonth from the date of publication of such notice: \n \nProvided further tha t the street alignment of any public street operative u nder \nany law for the time being in force in any part of the municipal area \nimmediately before the commencement of this Act shall be deemed to be the \nregular line of such public street defined by the Mu nicipality under this sub -\nsection. \n \n(2) The line defined or redefined shall be called the regular line of the street. \n \n \n \n \n \n \nMaps of underground \nutilities. \n \n \n \n \n \n \nPower to prohibit use \nof public streets for \ncertain kind of traffic. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDefining regular line of \nstreet. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(3) No person shall construct or reconstruct any building or a portion thereof or \nany boundary wall or other structure whatsoever within the regular line of a \nstreet. \n \n(4) The Chief Munici pal Executive Officer/ Municipal Executive Offic er shall \nmaintain a register containing such particulars as may be specified by the \nMunicipality in this behalf, with plans attached thereto , showing all pub lic \nstreets in respect of which the regular line of the street has been defined or \nredefined and containing any other particulars which he may deem necessary. \n \n(5) All such registers shall be open to inspection by any person on payment of \nsuch fee, and any extract there from may be supplied on payment of such \ncharge, as may be determined by the Municipality by regulations.", "footnote": "", "is_definition": false, "sort_order": 3160 }, { "number": "328", "title": "Section 328. (1) If any part of a building on a public street is within the regular line of", "chapter": null, "content": "that street, the Municipality may, proposed whenever necessary:- \n \n(a) To repair, rebuild or construct such building or to pull down such \nbuilding to an extent, measured in cubic metre, exceeding one -half \nthereof above the ground level or. \n(b) to repair, remove, construct or reconstruct or make any additions to, or \nstructural alterations of, any portion of such building, which is within the \nregular line of the street, by order, as respects the additions to, or \nrebuilding, construction, repair or alterations of, such building, to be set \nback to the regular line of such street. \n \n(2) When any building or any part thereof within the regular line of a public \nstreet falls down or is burnt down or is, whethe r by reason of any order of the \nMunicipality or ot herwise, pulled down, the Chief Municipal Executive Officer/ \nMunicipal Executive Officer may forthwith take possession, on behalf of the \nMunicipality, of the portion of the land within the regular line of the street \nthereto occupied by such building and, if necessary clear the same. \n \n(3) Any land acqui red under this secti on shall be deemed to be a part of the \npublic street and shall vest in the Municipality.", "footnote": "", "is_definition": false, "sort_order": 3170 }, { "number": "329", "title": "Section 329. (1) Where any buildin g or any part thereof is within the regular line of a", "chapter": null, "content": "public street and, in the opinion of the Municipality, it is necessary to set back \nsuch building or part ther eof to the regular line of such street, the Chief \nMunicipal Executive Of ficer/Municipal Executive Of ficer shall, by a notice \nserved on the owner of s uch building in accordance with the provisions of this \nAct, require him to show cause, within such period as may be specified in the \nnotice, as to why such building or part there of, which is within the regu lar line \nof such street, should not be pulled down and the land within the regular line \nacquired by the Municipality. \n \n(2) If the owne r fails to show cause as required under sub-section (1) , the \nChief Municipal Executive Offic er Municipal Executive O fficer may, with the \napproval of the Municipality, require the owner, by another notice to be served \non him in such manner as maybe specifie d by regulations, to pull down the \nbuilding or part thereof, which is within the regular line of the street, within such \nperiod as may be specified in the notice.", "footnote": "", "is_definition": false, "sort_order": 3180 }, { "number": "330", "title": "Section 330. The Municipality may, up on such terms as it thinks fit, allow any building", "chapter": null, "content": "to be set forward for the purpose of improving the regular line of a public street \nand may require any building t o be set forward in the case of reconstruction \nthereof or of a new construction. \n \nExplanation: - For the purpose of this section, a wall separating any premises \nfrom a public street shall be deemed to be a building, and it shall be deemed to \nbe a sufficient compli ance with the permission or the requirement to set \nforward a building to the regular line of a street, if a wall of such materials and \ndimensions, as are approved by the Municipality, is erected along such line.", "footnote": "", "is_definition": false, "sort_order": 3190 }, { "number": "331", "title": "Section 331. If any land, whether open or enclosed, not vested in the Municipality and", "chapter": null, "content": "not occupied by any building, is within the regular line of a public street or if \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSetting back Building \nto Regular line of \nstreet. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCompulsory setting \nback of building to \nregular line of street. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSetting forward of \nbuilding to regular line \nof street. \n \n \n \n \n \n \n \n \nAcquisition of open \nland and land occupied \n\nany platform, veranda, step, compound wall, hedge or fence or some other \nstructure, authorized or not, external to a building abutting on a public street, or \na portion of such platform, veranda, step, compound wall, hedge, fence or \nother structure is within the regu lar line of such st reet, the Chi ef Municipal \nExecutive Officer/ Municipal Executive Offic er may, with the prior approval of \nthe Municipality and after giving the owner of such land or building not les s \nthan seven clear days' notice of his intention so to do, take possession, on \nbehalf of \nthe Municipality, of suc h land with its enclosing wall, hedge or fence, if any, or \nof such platform, verandah, step, compound wail, hedge, fence or other \nstructure of any portion thereof within the regular line of the public street, and, \nif ne cessary, clear the same, and the land so acquired sh all thereupon be \ndeemed to be a part of the public street and shall vest in the Municipality: \n \nProvided that where the land or the building is vested in the State Government \nor the Cent ral Government or a ny agency thereof, the Chief Municipal \nExecutive Officer/ Munici pal Executive Officer shall not take possession \nthereof without the previous sanction of the State Governmen t or the Central \nGovernment, as the case may be.", "footnote": "", "is_definition": false, "sort_order": 3200 }, { "number": "332", "title": "Section 332. (1) Where a land or bu ilding is partly within regular line of a public street", "chapter": null, "content": "and the Municipality is satisfied that the land remaining after the excision of the \nportion within such line will not be suitable or fit for any beneficial use, it may, \nat the request of the owner, acquire s uch land in addition to the land w ithin \nsuch line, and such surplus land shall be deemed to be part of the public street \nand shall vest in the Municipality. \n \n(2) Such surplus land m ay, thereafter, be utilized for the purpose of s etting \nforward a building u nder section 330 o r for such other purpose as the \nMunicipality may deem fit.", "footnote": "", "is_definition": false, "sort_order": 3210 }, { "number": "333", "title": "Section 333. (1) A compensation shall be paid by the Municipality to the owner of any", "chapter": null, "content": "building or land acquired for a public street under the provisions of section 328, \nsection 329, sect ion 331, or section 332 for any loss which such owne r may \nsustain in consequence of his building or lan d being so acquired and for any \nexpense incurr ed by such owner in consequence of any order made by the \nMunicipality. \n \n(2) If, in consequence of any order under section 330 to set forward a building, \nthe owner of such building sustains any loss or damage, compensation shall \nbe paid to him by the Municipality for such loss or damage. \n \n(3) If the additional land , which will be included in the premises of any person \nrequired or permitted under sub-section (2 ) to set forward such building, \nbelongs to the Munici pality, the order or permission of the Municipality to set \nforward the building shall be a sufficient conveyance to the said owner of the \nsaid land, and the price to be paid to the Municipality by the said owner of such \nadditional land and the other terms and conditions of the conveyance shall be \nset forth in the order or permission. \n \n(4) If, when the Municipality requires any building to be set forward, the owner \nof the building is dissatisfied with the price fix ed to be paid to the Municipality \nor with any of the terms or conditions of conveyance , the Chief Municipal \nExecutive Officer/ Municipa l Executive Officer shall, upon the applications of \nthe owner a t any time within fifteen days after the said terms and co nditions \nare communicated to h im, refer the case to the court of the Distric t Judge \nhaving jurisdiction for determination, and the decision of the said court thereon \nshall be final. \n \nC. Obstruction on Streets", "footnote": "", "is_definition": false, "sort_order": 3220 }, { "number": "334", "title": "Section 334. (l) If any National highway, State highway, or a street is vested in the", "chapter": null, "content": "Central Government or the State Government, as the case may be,- \n \n(a) the Municipality shall not, in respect of such national highway, state \nhighway, or street, grant per mission to do any act, the doing of which \nwithout its permission, in writing, would contravene the provisions of \nby platforms etc. within \nregular line of street. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAcquisition of \nremaining part of \nbuilding and land after \ntheir portions within \nregular line of street \nhas been acquired. \n \n \n \n \n \nCompensation to be \npaid in certain cases of \nsetting back o r setting \nforward of building etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSpecial provision \nRegarding streets \nbelonging to Central or \nState Government. \n \n \n\nthis Act, except with the sanction of the Central Government or the \nState Government, as the case may be, and \n(b) If so required by the Central Gov ernment or the State Government, the \nMunicipality shall exercise the powers conferred upon it by this Act or \nany regulations relating to such street. \n \n(2) In the case of roads vested in the State Government, and passing through \nthe municipal area, the Municipality shall have control over such roads in so far \nas permission for temporary occupation thereof and removal of encroachments \nthere from are concerned, but the maintenance of such roads shall remain with \nthe State Government.", "footnote": "", "is_definition": false, "sort_order": 3230 }, { "number": "335", "title": "Section 335. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may", "chapter": null, "content": "grant a permission, in writing, for temporary erection of a booth, panda, or any \nother structure o n any public place on occasions of ceremonies an d festivals, \non payment of such fee, and on such conditions, as may be determined by the \nMunicipality by regulations, and for such period as may be mentioned in the \nletter of \npermission: \n \nProvided th at no permission shall be given under this sectio n without \nconsultation with the Superintendent of Poli ce of the district or any police \nofficer within such period as may be mentioned in the letter of permission. \n \n(2) The person to whom such permission is granted shall fill in the groun d and \nreinstate the same to the satisfaction of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer within such period as may be mentioned in the \nletter of permission.", "footnote": "", "is_definition": false, "sort_order": 3240 }, { "number": "336", "title": "Section 336. Subject to the terms an d conditions as maybe specified by regulations,", "chapter": null, "content": "the Chief Municipal Executive Officer/ Municipal Executive Officer during \nconstruction or repair of any public street or any municipal dr ain or any \npremises vested in the Municipality, shall – \n \n(a) cause the same to be fenced and guarded, \n(b) take proper precaution against accident affection public street of \nadjoining buildings, \n(c) prohibit, without his written permission , the depositor any building \nmaterial or the setting up of any scaffolding or any temporary erection \non any public street, \n(d) close any street wholly or partly to traffic, \n(e) Provide for necessary diversion of traffic, wherever necessary. \n(f) ensure the reinstatement of the public street or restoration of any drain \nor premises to its original condition, and \n(g) Take steps for repairing or enclosing of any place which, in his opinion, \nis dangerous or causing inconvenience to traffic along a street or to \npersons who have legal access thereto or to the Neighbourhood \nthereof, and recover the costs of such repair works from the owner or \nthe occupier of any such place or premises.", "footnote": "", "is_definition": false, "sort_order": 3250 }, { "number": "337", "title": "Section 337. Subject to such te rms and conditions as may, from time to ti me, b e", "chapter": null, "content": "specified by regulations, the Municipality may – \n \n(a) Prohibit or regulate vehicular traffic in any public street or any portion \nthereof so as to prevent danger, obstruction or inconvenience to the \npublic or injury to the roadways. \n(b) prohibit, at all tim es or during any particular hours, entry of any \nvehicular traffic from, or exit of such vehicular traffic into, any premises \nfrom any particular public street carrying such traffic. \n(c) prohibit tethering of any animal for any purpose in any public street, \n(d) prohibit in any street installation of structures or fixtures which may \ncause obstruction, \n(e) prohibit the opening of the ground floor door, gate, bar or window \noutwards on any street, \n(f) prohibit projections upon any street, or drain, or open channel in any \nstreet, and \n(g) Remove anything erected, deposited or hawked on any public place or \n \n \n \n \n \n \n \n \n \n \n \n \nTemporary erection on \nstreets during festivals. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPrecautions during \nconstruction or repair \nof street drain or \npremises. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of Municipality \nin relation to regulation \nof street. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\npublic street in contravention of the provisions of this Act.", "footnote": "", "is_definition": false, "sort_order": 3260 }, { "number": "338", "title": "Section 338. (1) Subject to such terms and conditions as may be prescribed, any public", "chapter": null, "content": "utility concern requiring the use of the sub -soil und er any municipal street, \ndrain, land or other properly for the purpose of laying lines for such utility \nservice such as electric supply or telecommunication, shall obtain permission \nof the Municipality for such use. \n \n(2) At the time of according such permission, the Municipality shall, in \nconsultation with such public utility, arrive at the full cost of restoration of the \nsub-soil and th e surface thereon and obtain an undertaking fr om the public \nutility that such restoration shall be done at their cost so as to bring back the \nproperty to its original condition to the satisfaction of the Municipality within a \nreasonable time after the completion of the work. \n \n \nChapter - XXXVII \nBuildings \nA. Procedure", "footnote": "", "is_definition": false, "sort_order": 3270 }, { "number": "339", "title": "Section 339. In this chapter, unless the context otherwise requires,", "chapter": null, "content": "the expression- \n \n(1) \"to erect a building\" means - \n \n(a) to erect a new building on any site, whether previously built upon or not, \n \n(b) to re-erect means- \n \ni. any building of which more than one -half of the cubical extent above \nthe level of plinth have been pulled down, burnt or destroyed, or \nii. any building of which more than one -half of the superficial area of the \nexternal walls above the level of plinth has been pulled down, or \niii. any frame-building of which more than half of the number of pos ts or \nbeams in the external walls have been pulled down, \n \n(c) to convert into a dwelling -house any building or any part of a building not \noriginally so constructed for human habitation or, if originally so \nconstructed for human habitation, subsequently appropr iated for any \nother purpose, \n(d) to convert into more than one dwelling house a building originally \nconstructed as one dwelling-house only, \n(e) to convert into a place of religious worship or into a sacred building any \nplace or building, not originally constructed for such purpose, \n(f) to roof or cover an open space between walls or buildings to the extent \nof the structure formed by the roofing or covering of such space, \n(g) to convert two or more tenements in building into a greater or lesser \nnumber of such tenements, \n(h) to convert into a stall, shop, office, warehouse o r go do wn, workshop, \nfactory or garage any building not originally constructed for use as such, \nor to convert any building constructed for such use, by sub -division or \naddition, into greater or lesser num ber of such stalls, shops, offices, \nwarehouses or godowns, workshops, factories or garages, \n(i) to convert a building, which, when originally constructed, was legally \nexempt from the operation of any building regulations or any rules made \nunder this Act or in any other law for the time being in force, into a \nbuilding which, had it been originally erected in its converted form, would \nhave been subject to such building regulations, \n(j) to convert into, or use as, a dwelling house any building, which has been \n' discontinued as, or appropriated for any purpose other than, a dwelling-\nhouse, \n(k) to make any addition to a building, and \n(l) to remove or reconstruct the principal staircase of a building or to alter \nits position ; \n \n(2) \"occupancy\" or use-group\" means the principal occupancy for which a \nbuilding or a part of a building is used or intended to be used, and the \n \n \nRestoration of \nMunicipal properties by \npublic utilities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nDefinitions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\noccupancy classification shall, unless otherwise spelt out in an y development \nplan or any other improvement scheme under any law for the time \nbeing in force, include – \n \n(a) residential buildings, that is to say, any building in which sleeping \naccommodation is provided for normal residential purposes with or \nwithout cooking facility or dining facility or both, and such building shall \ninclude one or two or multi -family dwelling, lodging or rooming houses, \nhostels, dormitories, apartment houses and flats, and private garages, \n(b) educational buildings, that is to say, an;, building used for school, \ncollege or day -care purposes involving assembly for instruction \neducation or recreation incidental to educational use, \n(c) institutional buildings, that is to say, any building or part thereof \nordinarily providing sleeping accommodation for occupants and used for \nthe purposes of medical or other treatment or care of persons suffering \nfrom physical or mental illness, disease or infirmity, care of infants , \nconvalescents or aged person sand for penal or correctional detention \nin which the liberty of the inmates is restricted, and such buildings shall \ninclude hospitals, clinics, dispensaries, sanatoria, custodial institutions, \nand penal institutions like jails, prisons , mental hospitals and \nreformatories, \n(d) assembly buildings, that is to say, any building or part thereof where \ngroups of people conger gate or gather for amusement or recreati on or \nfor social, religious, patriotic, civic, travel, sports, and similar other \npurposes, and such buildings shall include theatres, motion p icture \nhouses, drive - in-theatres, city halls, town halls, auditoria, exhibition \nhalls, museums, skating rinks, gy mnasia, restaurants, eating -houses, \nhotels, boarding houses, places of worship, dance halls, clubrooms, \ngymkhanas, passenger stations and terminals of air, surface and other \npublic transportation services, recreation piers, and stadium, \n(e) business buildings, that is to say, any building or part thereof used for \ntransaction of business or for the keeping of accounts and records or for \nsimilar purposes and such buildings shall include offices, banks, \nprofessional establishments, court houses, and libraries for the principal \nfunction of transaction of public business and keeping of books and \nrecords, and shall also include office buildings (premises) solely or \nprincipally used as an office of for office purpose. \n(f) Mercantile buildings, that is to say any building or part thereof used as \nshops, stores or markets for display or sale or merchandise, either \nwholesale or retail or for office, storage or service facilities incidental to \nthe sale of merchandise and located in the same building and such \nbuilding shall incl ude establishments wholly or partly engaged in \nwholesale trade , manufacturer's whole sale outlets ( including related \nstorage facilities) warehouses, and establishment engaged in truck \ntransport(including truck transport booking agencies). \n(g) Industrial build ings, that is to say any building or structure or part \nthereof in which products or materials of all kinds and properties are \nfabricated, assembled or processed as in assembly plants and such \nbuildings shall include laboratories , power plants, smokehouses, \nrefineries, gas plants, mills, dairies, factories , workshops, automobile \nrepair garages and printing presses. \n(h) Storage buildings, that is to say any building or part thereof used \nprimarily for the storage or sheltering of goods, wares or merchandise \nas in warehouse and such building shall include cold storages, freight \ndepots, transit sheds , store houses, public garages, hangars, truck \nterminals, grain elevators, barns and stables, \n(i) Hazardous buildings, that is to say any building or part thereof used for \nthe storage, handling, manufacture or processing of highly combustible \nor explosive materials or products, which are liable to burn with extreme \nrapidity or which may produce poisonous fumes or explosions during \nstorage, handling, manufacture or processing or which involve highly \ncorrosive, toxic or noxious alkalis, acids or other liquid or chemicals \nproducing flames, fumes, explosions or mixtures of dust or which result \nin the division of matter into fine particles subject to spontaneous \nignition : \n \n(3) \"a lteration\" mean s the change from one occupancy to another or the \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nstructural change, such as the addition to any area or height or the removal of \na part of building or t he change to the structure such as the constructio n or \ncutting into or removal of any wa ll, partition, column, beams, joints, floor or \nother support of the change to or closing of any required means of ingress or \negress or the change to any fixture or equipment; \n \n(4) \"plan\" means a p lan prepared by a surveyor or a draughtsman or an \nengineer h olding a d egree of Bachelor of Engineering or an Architect \nregistered under the Architect Act, 197 2 (20 of 197 2) . \n \nExplanation :- For the purpose of classification of a building acco rding to \noccupancy under clause (2), \n \n(a) an occupancy shall be deemed to i ncluded subsidiary occupancies \nwhich are contingent upon such occupancy, and \n(b) Building with mixed occupancies shall mean those building in which \nmore than one occupancy are present in different portions thereof.", "footnote": "", "is_definition": false, "sort_order": 3280 }, { "number": "340", "title": "Section 340. No person shall erect, or commence to e rect any building or execute any", "chapter": null, "content": "of the works specified in section 339 in any municipal area, in accordance with \nthe provision of this Act and the regulation made there under in relation to such \nerection of building or execution of work, as the case may be : \n \nProvided that the erection of a residential building upto a height of thr ee \nstoreys, or with a height of eleven meters whichever is lower on a plot of land \nof three hundred square meter or less may be commenced and may be \nproceeded with if the building plan has been prepared by an architect \nregistered under the Architect Act, 197 2 (Act 2 of 197 2) and authenticated by \nhim certifying that the building plan for such erection conforms to the provision \nof this Act and the rules and the regulations made there under : \n \nProvided further that any such plan shall be submitted to the Chief Municip al \nExecutive Officer/ Municipal Executive Officer before commencement of the \nwork referred to in the first proviso for sanction thereof in due course : \n \nProvided also that if any deviation from the provisions of this Act or the rules or \nthe regulations made there under or any mater ial deviation from such plan is \ndetected in erection of any such building, the Chief Municipal Executive offi cer \nMunicipal Executive Officer may take necessary action against such person in \naccordance with the provisions of this Act or the rules or the regulat ions made \nthere under and in the case of any deviation f rom the provisions of this Act, or \nthe rules or the reg ulations made thereunder sen d a report to the Institution of \nArchitect or the Council of Architecture against the architect who prepared the \nbuilding plan and authenticated it by certifying that the building plan conforms \nto the provisions of this Act or the rules or the regulations made there under for \nsuch action as the Institution of Architects may deem fit: \n \nProvided also that the Chief Municipal Executive Officer/ Municipal E xecutive \nOfficer shall by order direct that no certification by such architect in respect of \nany building plan shall be accepted by the Municipality till a deci sion on the \naforesaid report is received from the I nstitution of Architects or the Council of \nArchitecture by the Chief Municipal Executive Officer/ Municipal Executive \nOfficer: \n \nProvided also that in a case where the Chief Municipal Executi ve Officer/ \nMunicipal Executive Officer has sanctioned or provisionally sanctioned erection \nof any building above a height of fourteen meters, he shall cause publication of \nthe fact of such sanction in such fo rm and i n such manner as may be \nprescribed, at the cost of lire person in whose favour such sanction has been \ngiven,", "footnote": "", "is_definition": false, "sort_order": 3290 }, { "number": "341", "title": "Section 341. (1) Subject to the provisions of section 340, every person who intends to", "chapter": null, "content": "erect a building shall ap ply for san ction by giving a notice, in wr iting of his \nintention to the Chief Municipal Executive Officer/Municipal Executive Officer in \nsuch form and containing such information as may be prescribed. \n \n(2) Every such noti ce shall be accompanied by such documents and plans as \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProhibition of erection \nWithout sanction. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nErection of building. \n \n \n \n \n \n\nmay be prescribed.", "footnote": "", "is_definition": false, "sort_order": 3300 }, { "number": "342", "title": "Section 342. (1) Subject to the provision of section 340, every person who inte nds to", "chapter": null, "content": "execute any of the works specified in sub -section (b) of clause (1) of section \n339 shall apply t o the Chief Municipal Executive Officer/ Municipal Executive \nOfficer for sanction by giving a notice, in writing of his intension in such form \nand containing such information as may be prescribed. \n \n(2) Every such noti ce shall be accompanied by such documents and plans as \nmay be prescribed.", "footnote": "", "is_definition": false, "sort_order": 3310 }, { "number": "343", "title": "Section 343. (1) Every person giving any notice of his i ntention to erect a building", "chapter": null, "content": "under section 431 shall specify the purpose for which such building is intended \nto be used : \n \nProvided that for any building not more than one class of use consisted with \nthe occupy or the use group within the meaning of clause (2) of section 339, \nshall be considered except in respect of the case where un der this Act or \nunder any other law for the time being in force, mixed occupancies of specified \nnature may be permissible. \n \n(2) Every person giving any notice under section 341 of his intention to execute \nany of the works specified in sub -clause (b) of clause (1) of section 339, shall \nspecify w hether the original purpose for which such work as intended to be \nexecuted, is proposed or is likely to be changed by such \nexecution of work : \n \nProvided that if such change would result in mixed occu pancies which are \ncontrary to the provisions of this Act or of any other law for the time being in \nforce such change shall not be allowed. \n \n(3) No notice shall be valid until the inform ation required under sub-section (1) \nor sub-section (2) and any other information and plans which may be required \nby regulations made under this Act have been furnished to the satisfaction of \nthe Chief Municipal Executive Officer/ Municipal Executive \nOfficer along with the notice.", "footnote": "", "is_definition": false, "sort_order": 3320 }, { "number": "334", "title": "Section 334. (1) Subject to the prov ision of section 340, the Chief Municipal Executive", "chapter": null, "content": "Officers Municipal Executive Officer shall sanction, or provisionally sanction \nthe erection of a buil ding of the execution of a work within the municipal area, \nunless such building or work would contravene any of the provision of sub-\nsection (2) of this section or the provision of section 355 or section 357. \n \nProvided that no such sanction shall be accorded without the prior approval of \nthe Empowered Standing Co mmittee in the case of any building, except a \nresidential building proposed to be erected or re -erected on a plot of land of \nfive \nhundred square meters or less: \n \nProvided furt her that the Empowered Standing Committee shall consider the \nrecommendation of the M unicipal Buildin g Committee, and shall finalize its \ndecision after such consideration. \n \n(2) The sanction for erec tion of a building or execution of a work may be \nrefused on the following grounds, namely : \n \n(a) that the building or the work or the use of the site for the building or the \nwork or any of the particulars comprised in the site plan, ground plan, \nelevation, section or specification would contravene the provisions of \nthis Act or the rules or the regulations made thereunder or of any other \nlaw for the time being in force or any scheme sanctioned thereunder, \n(b) that the notice for sanction does not contain the particulars or is not \nprepared in the manner, required under the rules or the regulations \nmade in this behalf under this Act, \n(c) that any informatio n or document required by the Chief Municipal \nExecutive Officer/ Municipal Executive Officer under this Act or the rules \nor the regulations made thereunder has not been duly furnished, \n \n \nApplication for addition \nto or repair of building. \n \n \n \n \n \n \n \nPurpose for which \nbuilding to be used \nand conditions of \nvalidity of notice. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSanction or provisional \nsanction of refusal of \nbuilding or work. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(d) that the building or the work would be an encroachment on the State \nGovernment land or land vested in the Municipality, and \n(e) That the site of the building or the work does not abut on a street or \nprojected street and that there is no access to such building or work \nfrom any such street by any passage or pathway appertaining to such \nsite. \n \n(3) Notwithstanding anything contained in this Act, the Chief Municipal \nExecutive Officer/ Municipal Executive Officer may while granting permission \nunder this chapter, specify such special conditions relevant to each case, \nregarding disposal of solid, liquid or gaseous wastes or for parking of vehicles \nor for loading or unloading of goods or for abatement of nuisance of any kind \nwhatsoever as he deems fit. \n \n(4) The Chief Munici pal Executive Officer/ Municipal Executive Officer shall \ncommunicate the sanction or the provisional sanction to the person who has \ngiven the notice u nder section 341 or section 342 and where ire refuses \nsanction or provisional sanction, either on any of the grounds specified in sub-\nsection (2) or under section 355 or section357, he shall record a brief \nstatement of his reasons for such refusal in writing and shall communicate the \nrefusal along with the reason therefore to the person who has given the notice. \n \n(5) The sanction or the provisional sanction or the refusal of sanction t o the \nerection of a building or the execution of a work shall be communicated in such \nmanner as may be prescribed and in the case of sanction or provisional to the \nerection of a building, the occupancy or use group shall be specifically stated \nin such sanction.", "footnote": "", "is_definition": false, "sort_order": 3330 }, { "number": "345", "title": "Section 345. (1) In the case o f a Municipal Councils or Nagar Panchayats, the", "chapter": null, "content": "Empowered Standing Committee shall constitute a Municipal Building \nCommittee with the Chi ef Municipal Executive Officers Municipal Executive \nOfficer as its Chairperson and an officer of the Municipality as its convenor. \n \n(2) The Municipal Building Committee shall have in addition to the Chairperson \nand the convenor, six other members of whom: \n \n(a) one shall be an officer of the planning and development authority for the \nmunicipal area under any law for the time being in force, \n(b) one shall be an officer of the police authority responsible for traffic in \nthe municipal area, \n(c) one shall be an officer of the fire services having jurisdiction over the \nmunicipal area, \n(d) one shall be an architect having experience of not less than five year, \n(e) one shall be an Civil Engineer having experience of not less than five \nyear, \n(f) one shall be an officer for the authority responsible for environmental \nmanagement of the municipal area and, \n(g) One shall be an officer of the State Government nominated by the State \nGovernment. \n \n(3) The Municipal Building Committee may co-opt one person to be nominated \nby the concerned department of the State Government while dealing with any \ncase reg arding any educational b uilding or institutional b uilding or assembly \nbuilding or industrial building or hazardous building. \n \n(4) The Municipal Building Committee shall meet at such periodical intervals as \nmay be necessary but not less than once in every calendar month, \n \n(5) The Municipal Buil ding Committee shall scrutinize every application f or \nerection or re -erection of a building for which notice has been received under \nsection 341, other th an a residential building up to three storeys or with a \nheight of twelve meters whichever is h igher on a plot of land of five hundred \nsquare meters or less and make its recommendations : \n \nProvided tha t in respect of any building or execution of any wo rk, if such \nbuilding or work as the case may be affects or is likely to affect – \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal Building \nCommittee for \nMunicipal Councils or \nNagar Panchayats. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\ni. the functi oning of the microwave system for telecommunication \npurposes, or \nii. Any function for the purpose of civil aviation, the Municipal Building \nCommittee shall, if so considered necessary, refer the matter to the \nconcerned Department of the Central Gov ernment or a uthority for \nopinion before finalizing the recommendations. \n \n(6) The recommendation of the Municipal Building Committee shall be referred \nto the Empowered Standing Committee for its consideration and approval with \nor without change: \n \nProvided that the reasons for any deviation from the recommendations shall be \nrecorded in writing. \n \n(7) The manne r of conduct of business of the Municipal Building Committee \nand the procedure to be followed by it shall be such as ma y be specified by \nregulations.", "footnote": "", "is_definition": false, "sort_order": 3340 }, { "number": "346", "title": "Section 346. The State Government shall by order, in writing , constitute a Co mmittee", "chapter": null, "content": "or Committee to deal with the sanction of building plan for Class \"C\" Municipal \nCouncils or Nagar Panchayats in the specified municipal areas.", "footnote": "", "is_definition": false, "sort_order": 3350 }, { "number": "347", "title": "Section 347. If, at any time after t he communication of sanction or provisional sanction", "chapter": null, "content": "to the erection of any building or the execution of any work, the Chief Municipal \nExecutive Officer/ Municipal Executive Officer is satisfied that such sanction or \nprovisional sanction was a ccorded in consequence of any ma terials \nmisrepresentation or any fraudulent statement in the notice given or \ninformation furnished under section 341 or section 342 or section 343,he may \nby order in writing, cancel for re asons to be recorded in writing such sanction \nor provi sional sanctio n as the case may be and any building or any work \ncommenced, erected or executed shall be deemed to have been commenced, \nerected or executed without such sanction and shall be dealt with according ly \nunder the provisions of this chapter : \n \nProvided that be fore making any such order, the Ch ief Municipal Executi ve \nOfficer/ Municipal Executive Officer shall give a reasonable opportunity to the \nperson affected to show cause as to why such order should not be made.", "footnote": "", "is_definition": false, "sort_order": 3360 }, { "number": "348", "title": "Section 348. (1) Where within a p eriod of sixty days or in cases falling under sub -", "chapter": null, "content": "clause (b) to sub -clause (1) of the clause (I) of sectio n 339 within a period of \nthirty days of the receipt of any notice under section 341 or section 342 or o f \nany information under section 343 the Chi ef Municipal Executive \nOfficer/Municipal Executive Officer does not refuse to sanction to the erection \nof any building or the execution of an y work or upon refusal does not \ncommunicate the refusal to the person who has given the notice such person \nmay make a representation in writing to the Chief Councillor : \n \nProvided that if it appears to the Chief Municipal Executive Officer/ Municipal \nExecutive Officer that the site of the proposed building or work is likely to be \naffected by any scheme of acquisition of land for any public purpose or by \nany proposed reg ular line of a public street or extension, improvement, \nwidening or alteration of any street, the Chi ef Municipal Executive \nOfficer/Municipal Executive Officer may withheld sanction to the erection of the \nbuilding or the execution of the work for such period, not exceeding six months \nas he may deem fit and the period of sixty days as the case may be the period \nof thirty days specified in this sub-section shall be deemed to commence from \nthe date of expiry of the period for which the sanction has been withheld. \n \n(2) Where the erection of building or the execution of a work is sanc tioned the \nperson who has given the notice shall erect the building or execute the work in \naccordance with such sanction and shall not contravene an y of the provisions \nof this Act or the rules or the regulation made there under or \nof any other law for the time being in force, \n \n(3) If the person as aforesaid or any one lawfull y claiming under him does not \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCommittee for sanction \nof building plans in \ncase of Class \"C\" \nMunicipal Councils and \nNagar Panchayats. \n \nSanction or provisional \nsanction accorded \nunder \nmisrepresentation. \n \n \n \n \n \n \n \n \n \n \n \n \nWhen building or work \nmay be proceeded \nwith. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\ncommence the erection of the b uilding or the execution of the work within two \nyears of the date on which the erection of the b uilding or the execution of the \nwork as the case may be, is sanctioned, he shall give notice under section 341 \nor as the case may under section 342 for fresh sanction and the provisions of \nthis section shall apply in relation to such notice as they apply in relation to the \noriginal notice. \n \n(4) Such person shall before commencing the erection of the buildi ng or the \nexecution of the work within the period spe cified in sub -section (3) shal l give \nnotice to the Chief Municipal Execut ive Officer Municipal Executive Officer of \nthe proposed date of commencement of such erection or execution: \n \nProvided that if the commencement does not take place within fifteen days of \nthe date of the notice, the notice shall be deemed not to have been given and \nfresh notice shall be necessary in this behalf.", "footnote": "", "is_definition": false, "sort_order": 3370 }, { "number": "349", "title": "Section 349. The Chief Municipal Executive Officer/Municipal Executive Officer shall", "chapter": null, "content": "while sanctioning the erection of a building or the execution of a work, specif y \na reasonable period within which the buil ding or the work is to be com pleted \nand if the building or the work is not completed within the period so specified, it \nshall not be continued thereafter without fresh sanction obtained in the mann er \nhereinbefore provided, unless the Chief Municipal Executive Officer/ Municipal \nExecutive Officer on an application made in this behalf, allows an extension of \nsuch period.", "footnote": "", "is_definition": false, "sort_order": 3380 }, { "number": "350", "title": "Section 350. (1) Where the erectio n of any building or the execu tion of any work has", "chapter": null, "content": "been commenced or i s being carried on or has been completed without or \ncontrary to the sanction referred to in section 344 or in contravention of any of \nthe provisions of this Act or the rules or the r egulations made thereunder, the \nChief Municipal Executi ve Officer/ Municip al Executive Officer may in addition \nto any other action that may be take n under this Act, make an order directing \nthat such erect ion or work shall be demolished by the person at whose \ninstance the erection or the work has bee n commenced or is being carrie d on \nor has been completed within such per iod not being less than five days and \nmore than fifteen days from the date on which a copy of the order of demolition \nwith a brief statement of the reasons there for has been d elivered to such \nperson, as may be specified in the order : \n \nProvided that no order of demolition shall be made unless such person has \nbeen given by means of a notice served in such manner as the Chief Municipal \nExecutive Offi cer Municipal Executive Officer may thin k fit an opportunity of \nshowing cause why such order shall not be made : \n \nProvided further that where the erection of any building or the execution of any \nwork has not been completed, the Chief Municipal Executive Officer/ Municipal \nExecutive Officer may by the same order or by a sep arate order, whether \nmade at the time of the issu e of the notice under the first proviso or any time, \ndirect such person to stop the erection of such bu ilding or the execution of \nsuch work until the expir y of the period within which an appeal against the \norder of demolition, if made may be preferred under sub-section (3). \n \nExplanation :- In this chapter, \" the person at whose instance\" shall mean the \nowner or the occupier or any other person who causes the erection of any \nbuilding or the execution of any work including alterations or additions of any to \nbe some or does it by himself. \n \n(2) The Chief Municipal Executive Officer / Municipal Executive Officer may \nmake an order under subsection (1) no twithstanding the fact that the \nassessment of such building has been made for the levy of the properly tax on \nlands and buildings. \n \n(3) Any persons aggrieved by an order of the Chief Municipal Executive O fficer \nMunicipal Executive Officer under sub -section (1) may, within thirty days from \nthe date of the order, prefer an appeal against the order to the Muni cipal \nBuilding Tribunal appointed under section 356. \n \n(4) Where as appea l is prepared under sub -section (3) against an order under \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPeriod for completion \nof building or work. \n \n \n \n \n \n \n \nOrder of demolition \nand stoppage of \nbuildings or work in \ncertain cases and \nappeal. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nsub-section (1) the Municipal Building Tribunal may stay the enforcement of \nthe order on such terms, if any and for such periods as it may think fit : \n \nProvided that where the erection of any building or the exe cution of any work \nhas not been completed at the time of the order under that subsection (1), no \norder staying the enforcement of the order under that sub -section shal l be \nmade by the Municipal Building Tribunal unless a sure ty sufficient in the \nopinion of that Tribunal has been given by the appellant for not proceeding with \nsuch erection or work pending the disposal of the appeal. \n \n(5) Save as provided in this sectio n, no court shall entertain any suit, \napplication or other proceeding for injunction or other relief against the Chief \nMunicipal Executi ve Officer/ Municipal Executive Officer to restrain him from \ntaking any action, or making any order in pursuance of the provisions of this \nsection. \n \n(6) Every order made by the Municipal Building Tribunal on appeal and subject \nto such order every order made by the Chief Municipal Executive Officer/ \nMunicipal Executive Officer under subsection (1) shall be final and conclusive. \n \n(7) Where no appea l has been preferred against an order made b y the Chief \nMunicipal Executive Offi cer/ Municipal Executive Officer under subsection (1) \nor where an order under that subsection has b een confirmed on app eal \nwhether with or without modifi cation the person against whom the order has \nbeen made shall comply with the order within the period if any fixed by the \nMunicipal Buildin g Tribunal on appeal and on the failure of such person to \ncomply with the order within such period the Chief Municipal Executive Officer/ \nMunicipal Executive Officer may himself cause the building or the work to \nwhich the order relates to be demolished and the expenses of such demolition \nshall be recoverable from such person as an arrear of tax under this Act. \n \n(8) Notwithstan ding anything contained in this chapter if the Empowered \nStanding Committee is of the opinion that i mmediate action is called for in \nrelation to a building or a work being carried on in contravention of the \nprovisions of this Act, it may for reasons to be recorded in writing cause such \nbuilding or work to be demolished forthwith.", "footnote": "", "is_definition": false, "sort_order": 3390 }, { "number": "351", "title": "Section 351. (1) Where the de molition of any building or the erection of an y building or", "chapter": null, "content": "the execution of any work has been commenced or is being ca rried on without \nor contrary to the sanction referred to in section 344 or in contravention of any \nconditions subjects to which such sanction has been accorded or in \ncontravention of any provision of this Act or the rules or the re gulations made \nthere-under, the Chief Municipal Executive Officer/ Municipal Executive Officer \nmay in addition to any other action that may be taken u nder this Act, by order \nrequire the person at who se instance the building or the work has been \ncommenced or is being carried on to stop the same forthwith. \n \n(2) (a) Notwithstanding anything contained elsewhere in this Act or in any rules \nor regulations made there -under no owner of any building and no person \nengaged in the construction o f any building on behalf of the owner thereof, \nshall allow storage or stagnation of water in the site for the construction of such \nbuilding and every such owner or every such person, as the case may be shall \ncompletely empty all collections of such water at least once in a week. \n \n(b) Where th e construction of a building is carried on in cont ravention of the \nprovisions of clause (a ) the Chief Municipal Executive Officer/ Municipal \nExecutive Officer may in addition to any other action that may be taken under \nthis Act, by order in writing require the person at whose instance such storage \nor stagnation of water in the site for the construction of the building is made to \nstop forthwith any further construction of the building and su ch orders shall \nremain in force till the person as aforesaid complies with the requirements of \nthe order as aforesaid, to the satisfaction o f the Chief Municipal Executive \nOfficer/ Municipal Executive Officer. \n \n(3) If an o rder by the Chief Municipal Executive Officer / Municipal Executive \nOfficer under clause (b) of sub -section ( 2) dir ecting any person to stop the \nconstruction of any building is not complied with the Chief Municipal Executive \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOrder of stoppage of \nbuilding or work in \ncertain cases. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nOfficer/Municipal Executive Officer may take such measures as he deems fit or \nmay require any police officer to remove such person and all his assistants and \nworkmen from the premises within such time as may be specified by the Chief \nMunicipal Executive Officer/ Municipal Executive Officer and such police officer \nshall comply with such requirement. \n \n(4) If an order by the Chi ef Municipal Executive O fficer Municipal Executive \nOfficer under section 350 or under sub-section (1) of this section, directing any \nperson to stop the erection of any building or the execution of any work, is not \ncomplied with the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may take such measures as he deems fit or may require any police \nofficer to remove such person and all his assi stant and workmen from the \npremises within such times as may be specified by the Chief Municipal \nExecutive Officer/ Municipal Exe cutive Officer and such police officer shall \ncomply with such requirements. \n \n(5) No court shall en tertain any suit application or other proceeding for \ninjunction or other relief against the Chi ef Municipal Executive \nOfficer/Municipal Executi ve Officer to r estrain him from taking any action or \nmaking any order in pursuance of the provisions of this section. \n \n \n(6) in compliance with the requi rement under sub section (5) the \nChief Municipal Executive /Municipal Executive Officer may , if he \nthinks fit, depute by an order in writing a police officer or an officer \nor other employee of the Municipality to w atch th e premises in \norder to ensure that the erection of the building or the execution of \nthe work is not continued. \n(7) Where a police officer or a n officer or other employee of the \nMunicipality has been deputed under sub-section (6) to wa tch the \npremises t he cost of s uch deputation to be determined b y the \nmunicipality by regulations, s hall b e paid by the person at w hose \ninstance such erection or execution is being continued or to whom \nnotice under sub-section (1) has been g iven and s hall b e \nrecoverable from such person as an arrear of tax under this Act. \n \n352.(1) Notwithstanding anything contained in this Act or the rules \nmade there-under or in any other law for the time being in force, \nany person w ho b eing responsible by himself or by any othe r \nperson on whose his behalf so constructs or attempts or conspires \nto construct a ny new building or a dditional fl oor or floors of a ny \nbuilding, in contravention of t he provisions of this Act or the rules \nmade there-under, endangers or is likely to endanger human life or \nany property of the Mun icipality w hereupon the water supply, \ndrainage or sewerage of the road \ntraffic is disrupted or is likely to be disrupted or is likely to cause a \nfire ha zard s hall b e pu nishable with impri sonment of ei ther \ndescription for a term which may extend for five years and also with \nfine which may extend to fifty thousand rupees. \nExplanation: - \"Person\" shall include a n owner, occupier, lessee, \nmortgagee, consultant, promoter or financier or a servant or agent \nof an owner, occ upier, lessee, mortgagee, consultant, promoter or \nfinancier who supervises or cause the construct \nion of any new building or additional floor or floors of any buildings \nas aforesaid. \n(2) The offence under sub-section (1) shall be cognizable and non-\nbailable w ithin the me aning of the Co de of Cri minal Procedure,", "footnote": "", "is_definition": false, "sort_order": 3400 }, { "number": "1973", "title": "Section 1973. (3) Where an offence under sub-section (I) has been committed by", "chapter": null, "content": "a company the provisions of secti on 465 of this Act shall apply to \nsuch company. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConstruction building in \nContravention of \nthe provisions of the Act \nrules made thereunder \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nExplanation :- \"Company\" shall have the same meaning as in the \nExplanation to section 465.", "footnote": "", "is_definition": false, "sort_order": 3410 }, { "number": "353", "title": "Section 353. (1) The Chief Municipal Executive Officer/ Municipal Executive", "chapter": null, "content": "Officer may at any time during the erection of any building or the \nexecution of any work or at any time within three months after the \ncompletion thereof, by notice in writing s pecify a ny m atter in \nrespect of which such erection or execution is without or contrary to \nthe sanction referred to in section 344 or is in contravention of any \ncondition of such sanction or of any of the provisions of this Act or \nthe rules o r th e regulations made there-under and require the \nperson who gave the notice under section 341 or section 342 or the \nowner of such building or work either- \n(a) t o make suc h alterations as may b e s pecified by the C hief \nMunicipal Exec utive O fficer/ Municipal Executive Officer in th e \nnotice w ith the o bject of bringing the building o r the wo rk in \nconformity with such sanction or such condition of such sanction or \nthe provisions of this Act or the rules or the regulations made \nthere- under, or \n(b) to show cause within such pe riod as may be stated in t he \nnotice, why such alterations should not be made. \n(2) If such per son or such owner does not s how any cause as \n aforesaid, he s hall be bound to make the alterations \n specified in the notice. \n(3) If such p erson or s uch owner shows t he ca use as aforesaid, \n the Chief M unicipal Executive Officer/Municipal \n Executive Officer shall by order either cancel the notice \n issued under sub-section (1) or confirm the same subject to \n such modification as he thinks fit.", "footnote": "", "is_definition": false, "sort_order": 3420 }, { "number": "354", "title": "Section 354. (1) Every person giving a notice under section 341 or section 342 or every", "chapter": null, "content": "owner of building or work to which such notice relates shall within one month \nafter completion of erection of such building or execution of such wo rk, deliver \nor send or cause to be delivered or sent to the Chief Municipal Executive \nOfficers Municipal Executive Officer a notice in writing of such completion \naccompanied by a ce rtificate in the form specified in the rules made in this \nbehalf and shall gives to the Chief Municip al Executive Offi cer Municipal \nExecutive Officer all necessary facilities inspection of such building or work. \n \n(2) No person shall oc cupy or permit any ot her person to occupy any suc h \nbuilding or use or permit any other person to use any buildings or apart thereof \naffected by any such work until permission has been granted b y the Chief \nMunicipal Executive Officer/Municipal Executive Officer in this behalf i n \naccordance with the rules and the regulations \nmade under this Act : \n \nProvided that if the Chief Municipal Executive Officers Municipal E xecutive \nOfficer fails within a period of thirty d ays of receipt of the notice of completion \nto communicate his refusal to grant such permission such person may make a \nrepresentation in writing to the Chief Councillor. \n \n \nB. Municipal Building Code", "footnote": "", "is_definition": false, "sort_order": 3430 }, { "number": "355", "title": "Section 355. (1) The State Government shall prepare a Code to be called the Municipal", "chapter": null, "content": "Building Code containing rules providing for- \n \n(a) the regulation or restriction of the use of sites for buildings, \n(b) the regulation or restriction of buildings \n(c) And compliance with the provision of any law relating to urban land \nceiling or urban land use planning. \n \n \n \nPower of the \nChief Municipal \nExecutive \nOfficer/Municipal \nExecutive \nOfficer to require \nalteration of \nwork. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCompletion certificate. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of State \nGovernment to make \nbuilding rules and to \nclassify municipal \nareas for the purpose \nof application of \nbuilding rules. \n\n \n (2) without prejudice to the generality of the foregoing power such Code may \nprovide for all or any of the following matters :- \n \n(a) information and plans to be submitted together with application under \nany of the provision of this chapter, \n(b) requirements of sites, \n(c) means of access, \n(d) development of land into land sub-division and layout, \n(e) land use classification and uses, \n(f) open space area and height limitations, \n(g) parking spaces, \n(h) requirement of parts of building plinth, habitable room, kitchen, pantry \nbathroom, water closet, loft , ledge, mezzanine fl oor, storeroom garage \nroof, basement, chimney, lighting and ventilation of room, parapet, \nwells, septic tanks and boundary wall, \n(i) provisions of lifts, \n(j) Exit requirement including doorways, corridors, passageways , \nstaircase, ramps and lobbies, \n(k) Fire protection requirement including materials and designs for interior \ndecoration, \n(l) special requirement of occupancies for residential building, educational \nbuilding, institutional building, assembly building, business building, \nmercantile building, industrial building, storage building and hazardous \nbuilding (including those for assembly movement, parking loading, \nunloading, public convenience, water supply and vendors plazas), \n(m) structural design, \n(n) quality of materials and workmanship, \n(o) alternative materials, method of design, construction and tests, \n(p) Building service including electric supply and such supply from non -\nconventional sources of energy, air conditioning or heating and \ntelecommunication systems. \n(q) water supply, water harvesting and plumbing services, \n(r) signs and outdoor display structures, \n(s) special requirement for building in the hill areas, \n(t) special requirement of access for handicapped persons in respect of \nmatters referred to in chapter XXII, chapter XXIII, chapter XXIV and \nchapter XXV, \n(u) protection against na tural disasters including earthquakes any \ncyclones and technological disasters and \n(v) Any other matter considered necessary in relation to building activities. \n \n (3) The State Government may by notification exempt any municipal area or \nany group of munici pal areas as classified under section 7 from the operation \nof ell or any of the pr ovisions of this chapter or the rules made under this \nsection. \n \n (4) W hile such exemption under sub -section (3) re mains in force in any \nmunicipal area or group of municipal areas, the State Government may make \nrules consistent wit h the provision of this chapter for a pplication to such \nmunicipal area or group of municipal areas. \n \n(5) Notwithsta nding anything contained in the foregoing provisio ns of this \nsection, no building plan for a building on such plot area or for such use as \nmay be pr escribed which does not provide for electric supply from non -\nconventional sources of energy and water harvesting shall be sanctioned by \nthe Municipality. \n \n \nC. Municipal Building Tribunal", "footnote": "", "is_definition": false, "sort_order": 3440 }, { "number": "356", "title": "Section 356. (1) The State Gov ernment may appoint one or more Municipal Building", "chapter": null, "content": "Tribunals (hereinafter referred to in this section as the Tribunal) as may \nconsidered necessary to hear and decide appeals arising, out of matters \nreferred to in c hapter XXXVII in accordance with such procedure, and to \nrealize such fees in connection with such appeals, as may be prescribed. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal Building \nTribunal \n \n \n \n \n \n\n(2) Each Tribunal sha ll consist of a Chairperson and such other members, not \nexceeding four, as the State Government may determine. \n \n(3) The Chairperson and one other member shall be persons who are or have \nbeen members of the State Higher Judicial Service, having such experience as \nmay be prescribed. \n \n(4) At least one of th e remaining other members shall be a person who shall \nhave s uch knowledge or experience in town planning, civil engineering or \narchitecture as may be prescribed. \n \n(5) The Chairperson and the other members of the Tribunal shall be appointed \nby the State Govern ment for such period, and on such terms and conditions, \nas t he State Gover nment may determine and sh all be paid from Municipal \nFund: \n \nProvided that a Councillor or a person who is or has been an officer or other \nemployee of the Municipality shall not be eligible for appointment as a member \nof the Tribunal. \n \n(6) The State Government may, if it thinks fit, remove for reason of \nincompetence or misconduct or for any othe r good or sufficient reason the \nChairperson or any other member of the Tribunal. \n \n(7) The Tribunal sha ll have such officers and other employees, appointed on \nsuch ter ms and conditions, as maybe prescribed, and the expenses of the \nTribunal shall be paid out of the Municipal Fund. \n \n(8) The Provisions of Part II and Part III of the Limitation Act, 1963, relating to \nappeal shall apply to every appeal preferred under this section. \n \n(9) No court shall have jurisdiction in any matter for which provision is made in \nthis chapter for appeal to the Tribunal. \n \n \nD. General Powers", "footnote": "", "is_definition": false, "sort_order": 3450 }, { "number": "357", "title": "Section 357. (1) Notwithstanding an ything contained in this Act or the rules and the", "chapter": null, "content": "regulations made there under or of any other law for the time being in force, \nthe Chief Municipal Executive Offi cer Municipal Executive Officer may, in th e \ncase of any building which is intended to be erected at the corner of t wo \nstreets, - \n \n(a) refuse sanction for such reasons as may be recorded in writing, or \n(b) impose restrictions on its use, or \n(c) place special conditions concerning exit to, or entry from, any street, or \n(d) require it to be rounded off or splayed or cut-off to such height and to \nsuch extent as he may determine, or \n(e) acquire s uch portion of the site at the corner as he may consider \nnecessary for public convenience or amenity : \n \nProvided that nothing shall be done in any case under the provisions of \nthis subsection without any scrutiny of such case by the Municipal \nBuilding Comm ittee for a Municipal Corporation, Class 'A Municipal \nCouncil and Class 'B' Municipal Council, constituted under section 345, \nor the Committee for sanction of building plans in case of building plans \nfor Class 'C' Municipal Councils and Nagar Panchayats, c onstituted \nunder section 346, as the case may be, and without prior approval of \nthe Empowered Standing Committee in accordance with the provisions \nof this chapter. \n \n(2) The Chief Municipal Executive Officer/ Municipal Executive Officer may, by \norder, in writing, require any alteration, corresponding to any of the provisions \nin clauses (b) to (e) of sub -section (1), to be made to an y building completed \nbefore the commencement of this Act.", "footnote": "", "is_definition": false, "sort_order": 3460 }, { "number": "358", "title": "Section 358. (1) The sanction to the erection of any work on either side of a new street", "chapter": null, "content": "Building at corners of \nstreets. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProvision as to building \nand work on either \n\nmay be refused by the Chief Municipal Executive Offi cer Municipal Executive \nOfficer unless and until such new street has been levelled, and, in the opinion \nof the Chief Municipal Executive Officer/ Municipal Executive Officer, wherever \npracticable, metalled or paved, drained, lighted and laid with a water main, to \nhis satisfaction. \n \n(2) The sanct ion to the erection of any such building or the ex ecution of any \nsuch work may be refused by the Chief Municipal Executive Officer/ Municipal \nExecutive Officer, if such building or any portion th ereof or such work comes \nwithin the regular line of any street, the position and direction of w hich have \nbeen laid down by the Chief Municipal Executive Officer/ Municipal Executive \nOfficer but which has not be erected or executed, or if such buildi ng portion \nthereof or such work is in control of any building plan or any other scheme or o \nprepared under this Act or any other law for the time being in force. \n \n(3) The Chi ef Municipal Executive Officer/ Municipal Execu tive Officer may \nrefuse permission for the erection or re-erection of any building which, when \ncompleted, will be within such distance fr om a fly -over or over bridge or \ntransportation te rminal or other construction as may be provided by rules or \nregulations made in this behalf.", "footnote": "", "is_definition": false, "sort_order": 3470 }, { "number": "359", "title": "Section 359. (1) No roof, verandah, pandal or wall or a building or no shed or fence", "chapter": null, "content": "shall be constructed or reconstructed of clo th, grass leaves, mats or other \ninflammable materi als except with the permission, in writing, of the Chief \nMunicipal Executive Officer/ Municipal Executive Of ficer, nor shall any such \nroof, verandah, pandal, wall shed or fence, constructed or reconstructed in any \nyear, be retained in a subsequent year except with the fresh permission \nobtained in this behalf. \n \n(2) Every permission under sub -section (1) shall expire at the end of the year \nfor which it is granted. \n \n(3) The Chief Munici pal Executive Officer/ Municipal Executive Officer may \nregulate the use of materials, design or cons truction or other practices for \ninterior decorati on in accordance with the rules and the regulations in this \nbehalf.", "footnote": "", "is_definition": false, "sort_order": 3480 }, { "number": "360", "title": "Section 360. (1) The Chief Munici pal Executive Officer/ Municipal Executive Officer", "chapter": null, "content": "may, subject to the prior approval of the Empowered Standing Committee, give \nnotice of his intention to declare – \n \n(a) that in any street or portion thereof specified in such notice, the \nelevation and construction of the frontage of all buildings or any classes \nof buildings erected or re -erected after such notice shall, in respect of \ntheir architectural fea tures, be such as the Empowered Standing \nCommittee may consider suitable to the locality, or \n(b) that in any locality specified in such notice, there shall be allowed the \nerection of only detached or semi -detached building or both and that \nthe land appurtenan t to each such building shall be of an area, being \nnot less than that specified in such notice, or \n(c) that the division or sub -division of building plots in a particular locality \nshall be of minimum specified area, or \n(d) that in any locality specified in the notice, the construction of more than \na specified number of buildings on each acre of land shall not be \nallowed, or \n(e) that in any street, portion of a street, or locality, specified in such \nnotice, tire construction of any one or m ore of the different classe s of \nbuildings (such as residential, educational. Institutional “assembly, \nbusiness, mercantile, industrial, storage, and hazardous buildings) shall \nnot be allowed without the special permission of the Empow ered \nStanding Committee. \n \n(2) The Empowered St anding Committee shall consider all suggestion s or \nobjections received within a period of three m onths of the publications of such \nnotice and may confirm the declaration or may modify it so however that the \neffect of such notice is not extended. \n \nside of new street or \nnear fly -over o r \ntransportation terminal. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProvision against use \nof inflammable \nmaterial for building \netc. without \npermission. \n \n \n \n \n \n \n \n \n \n \n \nPower to regulate \nfuture construction of \nbuildings in particular \nstreets or localities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n(3) The Chief Munici pal Executive Officer/ Municipal Executive Officer s hall \npublish any declaration so confirmed or modified in the Official Gazette and the \ndeclaration shall take effect from the date of such publication. \n \n(4) No person shall af ter the date of public ations of such declaration, er ect or \nre-erect any building in contravention of such declaration. \n(5) The Empowered Standing Committee shall ensure that such declaration is \nin conformity with the provisions of any S tate Law relating to urban land use \nplanning.", "footnote": "", "is_definition": false, "sort_order": 3490 }, { "number": "361", "title": "Section 361. If, during excavation or any other operation for the purpose of", "chapter": null, "content": "construction of any building or execution of any work, any of the underground \nutilities (such as electric or telephone cables, water supply , drainage and \nsewerage mains and gas pipes) is touched or is likely to be touched or i f the \nChief Municipal Executive Officer/ Municipal Executive Officer is of the op inion \nthat such excavation may cause danger to the public, the Chief Municipal \nExecutive Officers Municipal Executive Officer may b y order in writing stop \nforthwith any such excavation o r other work till the matter is investigated and \ndecided to his satisfaction.", "footnote": "", "is_definition": false, "sort_order": 3500 }, { "number": "362", "title": "Section 362. The Chief Municip al Executive Officer/ Municipal Executive Offic er may", "chapter": null, "content": "with a view to promoting convenience, safet y, privacy of the public or the \noccupier, or sanitation or to securing conformity with the provisions of this Act \nand the ru les and the regulations made thereunder by order in writing require \nthe owner o f any existing building to make such alteration therei n and within \nsuch period as may be specified in the order : \n \nProvided that be fore making any such order, the Chief Municipal Executive \nOfficer/ Municipal Executive Officer shall afford a reasonable opportunity to the \nowner to show cause why such order should not be made.", "footnote": "", "is_definition": false, "sort_order": 3510 }, { "number": "363", "title": "Section 363. (1) If any wail or build ing or anything affixed thereto, is deemed by the", "chapter": null, "content": "Chief Municipal Executive Offic er/ Municipal Executive Officer to be in a \nruinous state, or is likely to fall or to be in any way dangerous, he shall \nforthwith cause a notice, in writing to be served on the owner and to be put on \nsome conspicuous part of the wall or building or served on the occupier, if any \nof the building requiring such owner or occupier forthwith to demolish, rep air \nor secure such wall, building or thing as the case may require. \n \n(2) The Chief Municipal Executive Officer/Municipal Executive Officer may if it \nappears to him necessary so to do cause a pr oper hoarding or fence or other \nmeans of protection to be put up at the expense of the owner of such wail or \nbuilding for the safety of the public or the inmates thereof and may after giving \nthem such notice as the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may think necessary require the inmates of the building to vacate it. \n \n(3) The provisions of this Act and of any rules or regulations made thereunder \nrelating to buildings shall apply to a ny work done in pursuance or in \nconsequence of a notice issued under sub-section (1). \n \n(4) (a) Notwithsta nding anything contained in the foregoing provisions of this \nsection, the Chief Municipal Executive Officer/ Municipal Executive Officer may \nforthwith or with such notice as he thinks fit demolish, repair or secure or cause \nto be demolished, repaired or secured any such wall or building or thing affixed \nthereto, on the report of the \nMunicipality Architect and Town Planner, certifying that such demolition, repair \nor securing of the building, wall or thing is \nnecessary for the safety of the public or the inmates of the building, \n \n(b) In any suc h ca se, the Chief Municipal Executive Officer/ Municipal \nExecutive Officer may cause the inmates of the building to be summa rily \nremoved from such building or from such portion thereof as he may consider \nnecessary. \n \n(c) All expenses incurred by the Chief Municipal Executive Officer/ Municipal \nExecutive Officer for carrying out the purposes of this sub-section shall be paid \nby the owner of such wall, building or thing. \n \n \n \n \n \n \n \n \n \nPower to stop \nexcavation. \n \n \n \n \n \n \n \n \nPower to require \nalteration of existing \nbuildings. \n \n \n \n \n \n \n \n \nPower to order \nremoval of dangerous \nbuilding. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(5) Anything done or any action taken by the Chief Municipal Executive Officer/ \nMunicipal Executive Officer under sub -section (4) shall unless the contrary is \nproved be deemed to have been done or taken lawfully and in good faith.", "footnote": "", "is_definition": false, "sort_order": 3520 }, { "number": "364", "title": "Section 364. (1) The Chief Municipal Executive Officer/Municipal Executive Officer may", "chapter": null, "content": "at any time during the erection or re-erection of a b uilding or the execution of \nany work under this cha pter make an inspection thereof without giving any \nprevious notice of his intention so to do. \n \n(2) The Chief Municipal Executive Officer/ Municipal Executive Officer may \ninspect any exis ting building at any time by giving seven days notice in \nadvance.", "footnote": "", "is_definition": false, "sort_order": 3530 }, { "number": "365", "title": "Section 365. (1) No person shall without the previous permission in writing of the Chief", "chapter": null, "content": "Municipal Executive Officer/Municipal Executive Officer otherwise than \ninconformity with the conditions if a ny of such permission put any premises to \nnon-residential use including the use for an educational building or an \ninstitutional building or an assembly building or a business building or a \nmercantile building or an industrial building or a storage building or a \nhazardous building. \n \n(2) The Chief Municipal Executive Officer/ Municipal Executive Officer may \nrefuse to give such permission in any case on the ground that such use – \n \n(a) would be objectionable by reason of the density of population in the \nneighbourhood, or \n(b) would add to the traffic constraint in the vicinity including parking \nspaces for vehicles or, \n(c) would not conform to other predominant uses in the neighbourhood or \n(d) would constitute a fire hazard or \n(e) would be a nuisance to the inhabitant of neighbourhood or \n(f) in the case of a hospital or a clinic would be harmful to the patient due \nto noise or an environment which poses a health hazard or \n(g) in the case of an educational building would deprive the students of \nplayground facilities, \n \n(3) Subject to any l and use control under this Act or any other law for the time \nbeing in force, the decision of the Chief Municipal Executive Officer Municipal \nExecutive Officer in every case where permission is refused under this section \nshall be final.", "footnote": "", "is_definition": false, "sort_order": 3540 }, { "number": "366", "title": "Section 366. In the case of any premises for the use of which a licence or permission is", "chapter": null, "content": "required from the State Government or any authority under any law for the time \nbeing in force, the Chief Municipal Executive Officer / Municipal Executive \nOfficer shall not grant such permission under this Act to any person until such \nperson produces before the Chief Municipal Executive Officer/ Municipal \nExecutive Officer the \nlicence or the permission from the State Government or such authority as the \ncase may be and submits duly authenticated copy thereof to him : \n \nProvided that in the case where production of a permission of the Municipality \nis a precondition for the grant of a licence or permission under any other law \nfor the time being in force, the Chief Municipal Executive Officer/ Municipal \nExecutive Officer may grant a provisional permission which shall be \nauthenticated to be final only upon production of a licence or permission under \nthe said Law. \n \nProvided further that such provisional permission shall have validity only for the \npurpose o f fulfilling any precondition for the grant of the licence or the \npermission under any other law as aforesaid. \n \nE. Regulation of Building Uses", "footnote": "", "is_definition": false, "sort_order": 3550 }, { "number": "367", "title": "Section 367. (l) No person shall without the permission in writing of the Chief Municipal", "chapter": null, "content": "Executive Officer Municipal Executive Officer o r other than in conformity with \nthe conditions of such permission : \n \n \n \n \nInspection of building. \n \n \n \n \n \n \n \n \nPermission in case of \nnon-residential uses of \npremises. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nConditions for grants \nof permission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to prohibit \nchange of authorized \nuse of building. \n \n\n \n(a) use or permit to be used for the purpose of human habitation any \nbuilding or part thereof not originally erected or authorized to be used \nfor such purpose, \n(b) change or all ow the change of the use of building for any purpose \nother than that specified in the sanctioned plan, \n(c) Change or allow the change of the use of any building erected before \nthe commencement of this Act contrary to the use for which such \nerection was originally sanctioned or to use to which such building was \nactually put. \n(d) convert or allow the conversion of a tenement within a building to an \noccupational use, other than fire use intended in the original sanctioned \nplan or materially alter, enlarge or extend such \n \n(2) If, in any case such permission is given no change of occupancy or use \nshall be allowed before necessary alterations or provisions have been made to \nthe satisfaction of the Chief Municipal Executive Officer/ Municipal Executive \nOfficer and in accordance with the provisions of this Act and the rules and the \nregulations made there under and any other law for the time being in force. \n \n(3) Any change of use made before the commencement \nof this Act, except in so far as such use is permissible under the provisions of \nan earlier State law on the subject in force before the commencement of this \nAct, shall not be deemed to be a change in contravention of the provisions of \nthis Act. \n \n(4) Without prejudice to any other action that may be taken against any \npersons, whether owner or occupier contravening any provision of this section, \nthe Municipality may levy on such person such fine, not exceeding in each \ncase rupees one hundred per square meter per month for the area under \nunauthorized use throughout the period during which such contravention \ncontinues as maybe provided by regulations. \n \n(5) The Chief Municipal Executive Officer/ Municipal Executive Officer may if \nhe deems fit order that such unauthorized used be stopped forthwith: \n \nProvided that before making any such order, he shall give a reasonable \nopportunity to the person affected to show cause why such order shall not be \nmade. \n \n(6) Any person aggrieved by an order of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer under sub-section (5) may within thirty days from \nthe date of the order, prefer an appeal against the order to the Municipal \nBuilding Tribunal whose decision in the matter shall be final and conclusive. \n \n(7) When an ap peal is preferred under sub -sec (6) the Municipal Building \nTribunal or Municipality as the case may be may stay enforcement of the order \nmade by the Chief Municipal Exe cutive Officer/ Municipal Executive Officer \nunder sub-section (5) on such terms for such period as it may think fit. \n \n(8) Save as otherwis e provided in this section no c shall entert ain any suit , \napplication or o proceeding for any relief or injunction, restrain the Chief \nMunicipal Executive Officer / Municipal Executive Officer or the Municipal \nBuilding Tribunal or the Municipality from taking any a( or making any order in \npursuance of the provision of this section. \n \nExplanation :- For the purpose of chapter \"unauthorized use\" shall mean \nchange conversion of a building withou t sanction for one occupancy or use \ngroup to another occupancy or use group re ferred to in sub -sec(2) of \nsection339.", "footnote": "", "is_definition": false, "sort_order": 3560 }, { "number": "368", "title": "Section 368. (1) The Municipali ty may give notice of its intention to declare that in any", "chapter": null, "content": "area specified in the no person shall for environmental reason s stated therein \nuse any premises for any purpose specific in the notice. \n \n(2) Any objection t o any such notice shall be received within a period of thirty \ndays from the date of notice. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to prevent use \nof premises for \nSpecified purpose in \nparticular area for \nenvironmental \nreasons. \n \n\n \n(3) The Munic ipality shall consider all objective received within the period as \naforesaid, giving person affected by the notice an opportunity being heard and \nmay thereupon make a d eclaration in accordance with the notice under sub -\nsection (1) with such modifications, if any, as it may this fit. \n \n(4) Every such declaration shall be published i n manner provided by \nregulations and shall be effect from the date of such publications. \n \n(5) No person sha ll in any area specified in the declaration publ ished under \nsub-section (4) use any premises f or any purpose specified in the declaration \nand the Chief Municipal Executive Officer Municipal Executive Officer shall \nhave the power to stop s uch use of any such premises by such means as he \nmay consider necessary. \n \n(6) The Municipality shall ensure that such declaration is in conformity with the \nprovisions of any land use plan in force in the municipal area under any State \nlaw regulating such use. \n \n \nChapter - XXXVIII \nMunicipal Licences", "footnote": "", "is_definition": false, "sort_order": 3570 }, { "number": "369", "title": "Section 369. (1) Except as hereinafter provided in this Act, no person shall use or", "chapter": null, "content": "permit to be used any premises for any of the non -residential purposes \nmentioned in the Schedule w ithout or otherwise than in conformity with the \nterms of a licence granted by the Chief Municipal Executive Offi cer Municipal \nExecutive Officer or the Wards Committee under sub-section (6) of section 30, \nas the case may be so as not to contravene the provisions of sub-section (2) of \nthis section. \n \nProvided that no such licence shall be given in respect of any non -residential \nuse of a premises, if such use in otherw ise than in conformity with the \nprovisions of this Act or any other law for the time being in force or the rules or \nthe regulations or the orders made thereunder. \n \nProvided further that exception case which come under the provis ions of sub -\nsection (2) of this section or section 37 1 or section 37 3 the power issue such \nlicence within it s jurisdiction may be exercised by the Wards Commi ttee \nsubject to such conditions and in such manner as may be determined by \nregulations. \n \n(2) In the case of a non-residential use of a premises for a purpose for which a \nlicence or permission is required from the State G overnment or any statutory \nbody under any law for the time being in force, no licence un der this section \nshall be given until the licence o r the permission under the said law has been \nproduced before the Chief Municipal Executive Officer Municipal Executiv e \nOfficer and duly authenticated copies thereof have been submitted to him : \n \nProvided that in the case where the prod uction of a licence under this Act is a \npreconditions for the grant of a lice nce under any other law for the time being \nin force, the Chief Municipal Executive Officer/ Municipal Executive Officer may \ngrant a provisional licence which shall be authenticate d to be final only upon \nthe production of a licence or permission under the said law : \n \nProvided further that such provisional licence shall have validity onl y for the \npurpose of fulfilling the preconditions of the grant of a licence under any other \nlaw as aforesaid. \n \n(3) In specifying the terms of a licence granted under \nThis section, the Chief Municipal Executive Officer/Municipal Executive Officer \nmay require the licence to take all or any of such measures as he may deem fit \nto guard against danger to life, health or property or f or the abatement of \nnuisance of any kind. \n \n(4) The Municipality shall by regulations, determine the fees to be paid in \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPremises not to be \nused for non -\nresidential purpose \nwithout municipal \nlicence. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nrespect of a licence granted under sub -section (1) and may specify different \nfees for different categories of non -residential uses in different areas within the \nmunicipal area : \n \nProvided that no such fee shall exceed rupees two thousand and five h undred \nin any case. \n(5) The Municipality may by regulations, determine :- \n \n(a) as to when the initial licence is to be taken out and the procedure of \nannual renewal thereof and \n(b) The matter connected with the display of licence , inspection or \npremises, power of inspectors and such other matters as may be \ndeemed necessary.", "footnote": "", "is_definition": false, "sort_order": 3580 }, { "number": "370", "title": "Section 370. The Chief Municipal Executive Officer/ Muni cipal Executive Officer sha ll", "chapter": null, "content": "maintain in such form and in such manner as may be prescribed two separate \nregisters of which – \n \n(a) one shall contain premise wise information of non - residential uses \nindicating the unique premises number if any assigned under this Act, \nand \n(b) The other shall contain such information on the basis of different non -\nresidential user group for factories , warehouses, medical institution, \neducational institution and such other uses as maybe provided by \nregulation.", "footnote": "", "is_definition": false, "sort_order": 3590 }, { "number": "371", "title": "Section 371. ( 1) The Chief Municip al Executive Officer/ Municipal Executive Officer", "chapter": null, "content": "may with the prior approval of the Municipality gr ants to any person a licence \nto establish or keep open a private market on payment of such fees as may be \ndetermined by the Municipality by regulations and may specify such conditions \nconsistent with this Act as he may deem fit. \n \n(2) When the Chi ef Municipal Executive Officer/ Municipal Executive Officer \nrefuses to grants any licence, he shall record a brief statement of the reasons \nfor such refusal in writing. \n \n(3) The Chief Municip al Executive Officer/ Municipal Executive Officer may \nwith the prior approval of the Municipality and for reasons to be recorded in \nwriting by order su spended a licence in respect of a private market for such \nperiod as he thinks fit or cancel such licence. \n \n(4) A private market in respect of which the licence has been suspende d or \ncancelled under subsection (3) shall be closed with effect from such date as \nmay be specified in the order of suspension or cancellation.", "footnote": "", "is_definition": false, "sort_order": 3600 }, { "number": "372", "title": "Section 372. (1) No person sha ll without or otherwise than in conformity with a licence", "chapter": null, "content": "from the Chief Municipal Executive Officer/ Municipal Executive Officer any on \nthe trade of a butcher, fishmonger, poultry or importer of flesh, intended for \nhuman food, or use any place for the sale of flesh, fish or poultry intended for \nhuman food. \n \nProvided that no person shall sel l or expose for sale any flesh obtained from \nan animal unless the skinned carcass of the animal is stamped in such manner \nas the Chief Municipal Executive Officer Municipal Executive Officer may by \ngeneral order made in this behalf require in token of the fact that the animal \nhas been slaughtered in a municipal or licensed slaughterhouse : \n \nProvided further that no licence shall be required for any place used for sale or \nstorage for sale of preserved flesh or fish contained in air tight or hermetically \nsealed receptacles. \n \n(2) The Chief Municipal Executive Officer/Municipal Executive Officer may by \norder and subject to such conditions as to s upervision and inspection as he \nmay think fit to im pose, grant a licence or may by order and for reasons to be \nrecorded in writing, refuse to grant a licence. \n \n(3) The Municipality shall by regulation, determine the procedure for the issue \n \n \n \n \n \n \n \n \n \n \n \n \n \nRegisters to be \nmaintain. \n \n \n \n \n \n \n \n \n \n \nMunicipal licence for \nprivate markets. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMunicipal licence for \nsale of flesh, fish and \npoultry. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nof a licence and renewal thereof. \n \n(4) If any place is used for the sale of flesh, fish or poultry intended for human \nfood in contravention of the provis ions of this section, the Chi ef Municipal \nExecutive Officer/ Municipal Executive Officer may stop the use of such place \nin such manner as he may consider necessary.", "footnote": "", "is_definition": false, "sort_order": 3610 }, { "number": "373", "title": "Section 373. (1) Without or otherw ise than in conformity with the terms of a licence", "chapter": null, "content": "granted by the Chief Municipal Executive Officer/ Municipal Executive Officer \nin this behalf, no person shall within the municipal area use or permit to be \nused any land or building: \n \n(a) for keeping horses, cattle, or other quadrupled animals or birds for \ntransportation sale or hire or for sale of the produce, or \n(b) as a market in respect of which a licence is required under this Act or \n(c) for carrying out work as an artisan or \n(d) For trade of a butcher, fish-monger, poultry or importer of flesh intended \nfor human food or for sale thereof. \n \n(2) If any land or building, public or private use or permitted to be used in \ncontravention of the provisions of sub -section (1), the Chief Municipal \nExecutive Officer Municipal Executive Officer may stop the use thereof by such \nmeans as he deems fit and may confiscate any article in respect of which such \nuse is being made, and prepare an inventory thereof and in the case of \nperishable items, auction them without notice.", "footnote": "", "is_definition": false, "sort_order": 3620 }, { "number": "374", "title": "Section 374. (1) If the Chief Municipal Executive Officer/Municipal Executive Officer is", "chapter": null, "content": "of the opinion that any premises is being used for a non -residential purpose \nwithout a licence under this Act or otherwise than inconformity with the terms \nof a licence granted in respect thereof, he may stop the use of any such \npremises for any such purpose for a specified peri od by such means as he \nmay consider necessary. \n \n(2) If a person continues to use a premises in contravention of the provisions of \nsub-section (1)the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may notwithstanding any other action that may be taken against such \nperson under this Act, levy on such person a continuing fine in accordance \nwith the provisions of sub-section (4)of section 367.", "footnote": "", "is_definition": false, "sort_order": 3630 }, { "number": "375", "title": "Section 375. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or", "chapter": null, "content": "any officer or any other employee of the Municipality authorized by him in this \nbehalf may at the time in day or night without notice, inspect and examine any \nfood or drug or any utensil or vessel used for preparing, manufacturi ng or \nstoring such food or drug. \n \n(2) If, upon such inspection or examination any such food or drug is in the \nopinion of the Chief Municipal Executive Officer/ Municipal Executive Officer or \nany other officer or other employee authorized by him in this behalf, \nunwholesome or unfit for human consumption or is not what it is represented to \nbe or if any such utensil or vessel is of such kind or in such state as to render \nany food or drug prepared, manufactured or stored therein, unwholesome or \nunfit for human consumption, he may seize, seal or carry away such food or \ndrug or utensil or vessel. \n \n(3) If any food or drug seized under sub -section (2) is in the opinion of the \nChief Municipal Executive Officer Municipal Executive Officer unfi t for human \nconsumption he shall cause such food or drug to be forthwith des troyed in \nsuch manner as to prevent its being exposed for sale or used for human \nconsumption and the expenses thereof shall be paid by the person in whose \npossessions such food or drug was at the time of it seizure. \n \n \nChapter-XXXIX \nVital Statistics", "footnote": "", "is_definition": false, "sort_order": 3640 }, { "number": "376", "title": "Section 376. ( 1) The Chief Municipal Health Officer shall be the Chief Registrar of", "chapter": null, "content": "births and deaths occurring in the municipal area. \n \n \n \n \n \n \nProhibition of \nunlicensed activities. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to stop use of \npremises used in \ncontravention of \nlicences. \n \n \n \n \n \n \n \n \n \nPower to seize food or \ndrug etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAppointment of Chief \nRegistrar and \nRegistrars. \n \n\n \n(2) The Chief Municipal Executive Officer/ Municipal Executive Officer shall for \nthe purpose of this chapter appoint such number of persons to be Registrars of \nbirths and deaths as he deems necessary and shall define the respective \nareas which shall be under the charge or such Registrars.", "footnote": "", "is_definition": false, "sort_order": 3650 }, { "number": "377", "title": "Section 377. Each Registrar shall keep himself informed of every birth or death", "chapter": null, "content": "occurring within the area of his jurisdiction and shall ascertain such particulars \nin respect of every birth or death as may be prescribed in this behalf.", "footnote": "", "is_definition": false, "sort_order": 3660 }, { "number": "378", "title": "Section 378. (1 ) Such particulars reg arding births and deaths as the Chief Municipal", "chapter": null, "content": "Executive Officer/ Municipal Executive Officer may from time to time specify \nshall be entered in separate regist ers of births and of deaths and such \nregisters shall be maintained by each Registrar. \n \n(2) The Chief Munici pal Executive Officer/ Municipal Executive Officer shall \nspecify the form of the registers required to be maintained under subsection (1) \nand the manner in which such registers shall be maintained. \n \n(3) On an application from a person interested, the Chief Registrar or a \nRegistrar as the case may be, shall issue an extra ct from any entry in a \nregister on payment of such fees as may be determined by the Municipality by \nregulations.", "footnote": "", "is_definition": false, "sort_order": 3670 }, { "number": "379", "title": "Section 379. Subject to the provision s of the Registration of Births and Deaths Act", "chapter": null, "content": "1969 (18 of 1 969), the Municipality shall cause registration of births and \ndeaths taking place within the municipal area and extracts of information there \nfrom shall be suppl ied on application in such form of a certificate, and on \npayment of such fees as may be determined by regulations.", "footnote": "", "is_definition": false, "sort_order": 3680 }, { "number": "380", "title": "Section 380. (1) When the births o f any child has been regist ered and the name, if any", "chapter": null, "content": "by which it was registered is altered or if it was registered without a name, \nwhen a name is given to it , the parent or the guardian of such child or othe r \nperson proposing such name to be altered or giv en may within sixty months \nnext after the registration of the birth, deliver to the Registrar of the area in \nwhich the birth was registered such certificate as hereinafter provided and the \nRegistrar upon the r eceipt of the certificate shall without any erasure of the \noriginal entry forthwith enter in the register the name mentioned in the \ncertificate as having been given to the child. \n \n(2) The certificate shal l be in such form as the Chief Municipal Executi ve \nOfficer/ Municipal Executive Officer may from time to time specify and shall be \nsigned by the parent, or the guardian of tire child or other person proposing the \nname of the child to be altered or given.", "footnote": "", "is_definition": false, "sort_order": 3690 }, { "number": "381", "title": "Section 381. (1) Any clerical error which may at any time be discovered in a register of", "chapter": null, "content": "births or register of deaths may be corrected by any per son authorized in this \nbehalf by the Chief Municipal Executive Officer/ Municipal Executive Officer. \n \n(2) An error of fact or substance in any such register may be corrected by any \nperson authorised as aforesaid by entry in th e margin without any alteration of \nthe origin al entry upon production to the Chief Municipal Executive Officer / \nMunicipal Executive Officer by the person requiring such error to be corrected \nof a declaration (setting forth the nature of the err or and the fact of the case) \non oath made before a Mag istrate, by the person required by this Act to give \ninformation concerning the birth or death with reference to which the error has \nbeen made or in default of such person by a person having knowledge of the \ncase. \n \n(3) Except as provi ded i n sub -section (2) no alteration shall be made in any \nsuch register.", "footnote": "", "is_definition": false, "sort_order": 3700 }, { "number": "382", "title": "Section 382. It shall be the duty of th e father or the mother of every child born in the", "chapter": null, "content": "municipal area and in default of the father or the mother of a ny relation of the \nchild living in the same premises and in defaults of such relation of the person \nhaving charge of the child to give to the best of his or her knowledge and belief \nto the Registrar of the area concerned with in eight days after such birth, \n \n \n \n \n \nDuties of Registrar. \n \n \n \nRegistrar's books to be \nmaintained. \n \n \n \n \n \n \n \n \n \n \n \n \nRegistration of births \nand deaths. \n \n \n \n \nRegistration of name \nof child or of alteration \nof name. \n \n \n \n \n \n \n \n \n \n \n \n \nCorrection of errors in \nregisters of births or \ndeaths. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nInformation of births. \n \n \n \n \n \n\ninformation containing such particulars as may be prescribed in this behalf. \n \nProvided that \n \n(a) in the case of an illegitimate child no person shall as father of such child \nbe required to give information under this Act concerning the birth of \nsuch child and the Registrar shall not enter in the r egister the name of \nany person as father of such child except at the joint request of the \nmother and the person acknowledging himself to be the father of such \nchild and such person shall in such case, sign the register together with \nthe mother. \n(b) a person r equired to give information only in default of some other \nperson shall not be bound to give such information if he believed and \nhad reasonable grounds for believing that such information had been \ngiven and \n(c) When a child is born in a hospital or a nursing ho me or a maternity \nhome, none but the officer -in-charge thereof shall be bound to forward \nforthwith to the Registrar a report of such birth in such time and in such \nform as the Chief Registrar may from time to time specify.", "footnote": "", "is_definition": false, "sort_order": 3710 }, { "number": "383", "title": "Section 383. In case any newborn chi ld is found exposed it shall be the duty of any", "chapter": null, "content": "person finding such child or of any person in whose charge such child may be \nplace to give to the best of his knowledge and belief to the Chief Registrar or \nthe Registrar within eight days after the finding of su ch child such information \nof the particulars required to be registered concerning the birth of such child as \nsuch person possesses.", "footnote": "", "is_definition": false, "sort_order": 3720 }, { "number": "384", "title": "Section 384. It shall be the duty of the nearest relation present at the time of the death", "chapter": null, "content": "or in atte ndance during the last illnes s of any person dying in th e municipal \narea and in default of such relation of any pe rson present or in attendance at \nthe time of the death and of the occupier of the premises in which to his \nknowledge, the death took place and in default of the per son as aforesaid of \neach inmate of such premises and of the undertaker or other person causing \nthe corpse of the deceased person to be disposed of to give to the best of his \nknowledge and belief to the Registrar of the a rea within which the death took \nplace infor mation contai ning such particulars as may be prescribed within \ntwenty four hours of such death : \n \nProvided that – \n \n(a) if the cause of death is known to be a dangerous diseases the \ninformation as aforesaid shall be given within twelve hours of its \noccurrence and \n(b) If the death of any person occurs in a hospital or a nursing home or a \nmaternity home it shall be the duty of none but the medical officer or \nother officer -in-charge thereof to forward forth withal report of such \ndeath in such form as the Chief Registrar may from time to time \nspecify.", "footnote": "", "is_definition": false, "sort_order": 3730 }, { "number": "385", "title": "Section 385. In the case of a person w ho has been atte nded his last illness by a duly", "chapter": null, "content": "qualified medical practitioner such practitioner shall wi thin three days of his \nbecoming cognizant of the death of such person, sign and forward to the Chief \nRegistrar a ce rtificate of the cause of death of such person in such form as \nshall from time to time be specified by the Chi ef Municipal Executive \nOfficer/Municipal Executive Officer in this behalf and the cause of death as \nstated in such certificate shall be entered in the register together with the name \nof the certifying medical practitioner.", "footnote": "", "is_definition": false, "sort_order": 3740 }, { "number": "386", "title": "Section 386. It shall be the duty of the police to convey eve ry unclaimed corpse to a", "chapter": null, "content": "registered burial or burning ground or other place for disposal of the dead or to \na duly appointed mortuary and thereafter to inform the Registrar within whose \njurisdiction such corpse was found.", "footnote": "", "is_definition": false, "sort_order": 3750 }, { "number": "387", "title": "Section 387. A sexton or a keeper of a registered burial or burning ground or other", "chapter": null, "content": "place for disposal of the dead, whether situated in municipal area or not shall \nnot bury burn or otherwise dispose of or allow to be buried burnt or otherwise \ndisposed of any co rpse unless such corpse is accompanied by a cer tificate in \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nInformation regarding \nfinding of newborn \nchild. \n \n \n \n \n \nInformation regarding \ndeaths. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nMedical Practitioner to \ncertify cause of death. \n \n \n \n \n \n \n \nDuties of police in \nregard to unclaimed \ncorpse. \n \n \nSextons etc. not to \nbury etc. corpse. \n \n \n \n\nsuch form as may be prescribed and signed by a Registrar appointed under \nsection 376 or by a reg istered medical practitioner or any other medical \npractitioner authorised by the Registrar. \n \n \nChapter - XL \nDisaster Management", "footnote": "", "is_definition": false, "sort_order": 3760 }, { "number": "388", "title": "Section 388. (1 ) As far as poss ible, the Municipality shall in collaboration with t he", "chapter": null, "content": "concerned authorities of the Central Gov ernment or the State Government \nincluding the meteorological off ice, shall prepare environmental base maps \nand impact area diagrams and shall collect oth er relevant data and shall take \nnecessary steps for erecting installation and other accessories requ ired to \nmitigate the effects of natural or technological disasters. \n \n(2) The Munici pality shall organize emergency operations and promote public \nawareness in relation to disaster management. \n \n(3) The Municipality shall take adequate measure to implement the regulations, \nif any made by the planning and urban development author ities to mitigate \nearthquake hazards in high seismic zones and to promote citizen awareness in \nthis regard. \n \n \nChapter-XLI \nIndustrial Townships", "footnote": "", "is_definition": false, "sort_order": 3770 }, { "number": "389", "title": "Section 389. No Municipality shall be constituted in such urban area or part thereof as", "chapter": null, "content": "the Governor may having regard t o the size of the area a nd the municipal \nservices being provided or proposed to be provided by an industrial \nestablishment in that ar ea and such other factors as he may deem fit by \nnotification specify to be an industrial township. \n \n \n \nPOWERS, PROCEDTIRES, OFFENCES AND PENAITIES \n \nChapter-XLII \nProcedure \nA. Licence and Permission", "footnote": "", "is_definition": false, "sort_order": 3780 }, { "number": "390", "title": "Section 390. (1) Wherever it is provided in this Act or the rules or the regulations made", "chapter": null, "content": "there under that a lice nce or a permission in writing may be granted for any \npurpose, such licence or pe rmission shall be signed by the Chief Municipal \nExecutive Officer / Municipal Executive Officer or by any other offic er \nempowered to grant such licence or permission under this Act or the rules or \nthe regulations made there under and shall \nspecify the following particulars in addition to any other particulars req uired to \nbe specified under any other provision of this Act, or the rules or the regulation \nmade there under: \n \n(a) the date of the grant of licence or permission, \n(b) the purpose or the period, if any for which it is granted, \n(c) restrictions or conditions of any subject to which it is granted, \n(d) the name and address of the person to whom it is granted and \n(e) The fee, if any paid for the licence or the permission. \n \n(2) Except as otherw ise provided in this Act or the rules or the regula tions \nmade there under for every such licence or p ermission, a fee may be charged \nat such rate as may from time to time, be fixed by the Municipality a nd such \nfee shall be payable by the person to who m the licence or the permission is \ngranted. \n \n(3) Save as otherwise pr ovided in this Act or the rules or the regulations made \nthere under, any licence or permission granted under this Act or the rules or \n \n \n \n \n \n \n \n \nManagement of natural \nor technological \ndisasters. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nExclusion of industrial \nTownships from \nmunicipal areas. \n \n \n \n \n \n \n \n \n \n \n \n \nSignature, condition, \nduration, suspension, \nrevocation etc. of \nlicence and \npermission. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\nthe regulations made there under may at any time, be suspended or revoked \nby the Chief Municipal Executive Officer/ Municipal Executive Officer or the \nofficer by whom it was granted, if he is satisfied that it has been secured by the \ngrantee through misrepresentation or fraud , or if any of the restrictions or \nconditions of licence or permission has been infringed or evaded by the \ngrantee, or if the grantee has been convicted for the contravention of an y of \nthe provision of this Act or the rules or the regulations made thereunder \nrelating to any matter for which the licence or the permission as the case may \nbe was granted : \n \nProvided that – \n \n(a) before making any order of suspension or revocation, an opportunity \nshall be given to the grantee of the licence or the permis sion to show \ncause why it should not be suspended or revoked and \n(b) Every such order shall contain a brief statement of the reasons for the \nsuspension or the revocation of the licence or the permission as the \ncase may be. \n \n(4) When any such licence or permission is suspended or revoked or when the \nperiod for which such licence or permis sion was granted has expired the \ngrantee shall for the purpose of this Act and the rules and the regulations \nmade thereunder be deemed to be with out a licence or permission, as the \ncase may be until such time as the order of suspending or revoking the licence \nof the permission as the case maybe is rescinded or until the license or the \npermission as the case may be is renewed. \n \n(5) Every grantee of any licence or permission granted under this Act shal l at \nall reasonable times while such licence or perm ission as the case may be \nremain in force, if so required by the Chief Municipal Executive Officer/ \nMunicipal Executiv e Officer or the other officer b y whom it was granted, \nproduced such licence or permission as the case may be. \n \nB. Entry and Inspection", "footnote": "", "is_definition": false, "sort_order": 3790 }, { "number": "391", "title": "Section 391. The Chief Municipal Executive Officer/ Municipal Executive Officer or any", "chapter": null, "content": "other officer or employee of the Municipal au thorised by the Chief Municipal \nExecutive Officer/ Municipal Executive Officer in this behalf, or empowered by \nor under any provision of this Act, may enter into or upon any land or building \nWith or without assistants or workmen, for the purpose of – \n \n(a) ascertaining whether in connection with the land or the building there is \nor has been any contravention of the provisions of this Act or the rules \nor the regulations made there under, or \n(b) ascertaining whether or not circumstance sexist which render it \nnecessary to take immediate action by the Chief Municipal Executive \nOfficer/ Municipal Executive Officer or any other officer or employee of \nthe Municipality authorised by him in this behalf ,or empowered by or \nunder any provision of this Act or the rules or the regulations made \nhereunder, or \n(c) taking any action or executing any work authorised or required by or \nunder this Act or the rules or the regulations made thereunder, or \n(d) making such inquiry inspection, examination, measurement , valuation \nor survey as may be authorized or required by or under this Act or as \nmay be necessary for the proper administration of this Act, or \n(e) Generally ensuring efficient discharge of the functions by any of the \nmunicipal authorities under this Act or the rules or the regulations made \nthereunder.", "footnote": "", "is_definition": false, "sort_order": 3800 }, { "number": "392", "title": "Section 392. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or", "chapter": null, "content": "any person authorised by him in this behalf, or empowered by or under this \nAct, may enter upon any land within fifty meters of any work authorised by or \nunder this Act with or without assistants or workmen, for the purpose o f \ndepositing thereon any soil, gravel, stone or other materials o r for obtaining \naccess to such work or for any other purpose connected with the execution \nthereof. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to entry. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to enter land or \nadjoining land in \nrelation to any work. \n \n \n \n \n \n \n\n(2) Every person so authorised shall, before entering upon any such land, state \nthe purpose thereof, shall, if so requir ed by the owner or the occupier thereof, \nfence off so much of the land as may be required for such purpose. \n \n(3) Every person as afo resaid shall, in exercising any power conferred by this \nsection, do as little damage as may be necessary, and compensation shall be \npayable by the municipality in accordance with the rules to t he occupier of \nsuch building or such land or to both for any such damage, whether permanent \nor temporary.", "footnote": "", "is_definition": false, "sort_order": 3810 }, { "number": "393", "title": "Section 393. (1) It shall be lawful for the Chief Municipal Executive Officer/ Municipal", "chapter": null, "content": "Executive Officer or any person authorised by him in this behalf, or empowered \nby or under this Act, t o make any entry into any place and to open or ca use to \nbe opened any door, gate or other barrier,- \n \n(a) if he considers the opening thereof is necessary for the purpose of such \nentry and \n(b) If the owner or the occupier is absent or, being present, refuses to open \nsuch door, gate or other barrier. \n \n(2) Before making a ny entry into any such place or opening or caus ing to be \nopened any such door, gate or other barriers the Chief Municipal Executive \nOfficer/ Municipal Executive Officer or the person authorised or empowered in \nthis behalf shall call upon two or more respectable inhabitants of the locality in \nwhich the place to be entered i nto is situated to witne ss the entry or the \nopening and may issue an order in writing to them or any of them so to do. \n \n(3) A report shall be made to Empowered Standing Committee as soon as may \nbe after any entry has been made into any place or any door, g ate or other \nbarrier has been opened under this section.", "footnote": "", "is_definition": false, "sort_order": 3820 }, { "number": "394", "title": "Section 394. Save as otherwise provi ded in this Act or the rules or the regulations", "chapter": null, "content": "made thereunder, no entry authorized under this Act shall b e made except \nbetween the hours of sunrise and sunset : \n \nProvided that i f the Chief Municipal Executive Officer/ Municipal Execu tive \nOfficer is satisfied that the erection of any building or the execution of any work \nhas been commenced or is being carried on in contravention of the provisions \nof this Act in any premises between the period of sunset and sunrise he may if \nhe considers i t necessary so to do enter such premises during such period \naccompanied by an officer to make an inspection thereof and take such action \nas may be necessary under this Act.", "footnote": "", "is_definition": false, "sort_order": 3830 }, { "number": "395", "title": "Section 395. Save as o therwise provi ded in this Act or the rules or the regulations", "chapter": null, "content": "made thereunder no land or building shall be entered witho ut the consent of \nthe occupier, or if there is no occupi er of the owner thereof, and no such entry \nshall be ma de without giving such occ upier or owner as the case m ay be not \nless than twenty four hours’ notice in writin g of the intention to make such \nentry. \n \nProvided that no su ch notice shall be necessary if the Municipality consi ders \nfor reasons to be recorded in writing that there is immediate urgency of such \nentry and the services of a notice in writing may defeat its purpose. \nProvided further that no such notice shall be necessary, if the land or the \nbuilding to be entered is a factory or workshop or trade premises or place used \nfor any of the purpose referred to in section 314 or a stable for horse or a shed \nfor cattle or a latrine or a urinal or a work under construction or for the purpose \nof ascertaining whether any animal intended for human consumption is \nslaughter on such land or in such building in contraventi on of the provision of \nthis Act or the rules or the regulations made thereunder.", "footnote": "", "is_definition": false, "sort_order": 3840 }, { "number": "396", "title": "Section 396. When any land uses as human dwelling is entered under this Act, due", "chapter": null, "content": "regard shall be paid to the social religious customs and usage s of the \noccupants of the place entered and no apartment in the actual occupancy of a \nfemale shall be entered or broken open until she has been informed that she is \nat liberty to withdraw and every reasonable fa cility has been afforded to her \nwithdrawing. \n \n \n \n \n \n \n \n \n \nBreaking into building. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTime of making entry. \n \n \n \n \n \n \n \n \n \n \n \nConsent ordinarily to \nbe obtained. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRegard to be had to \nsocial or religious \nusages.", "footnote": "", "is_definition": false, "sort_order": 3850 }, { "number": "397", "title": "Section 397. No pe rson shall obstruct or molest any person authorised or empowered", "chapter": null, "content": "by or u nder this Act, or with whom the Municipality or any of the municipal \nauthorities referred to in section 20 has lawful ly contracted, in the execution of \nhis duty or anything which he is authorised or empowered or required to do by \nvirtue or in consequence of any of the provisions of this Act or the rules or the \nregulations made thereunder, or in fulfilment of his contract as the case may \nbe. \n \nC. Public Notice and Advertisement", "footnote": "", "is_definition": false, "sort_order": 3860 }, { "number": "398", "title": "Section 398. Ever y public notice given under this Act or the rules or the regulations", "chapter": null, "content": "made there under shall be in writing under the signature of the Chief Municipal \nExecutive Officer/ Municipal Executi ve Officer or any other officer of the \nMunicipality authorised by him i n this behalf, and shall be widely m ade known \nin the locality to be affected thereby by affixing copies thereof, in conspicuous \npublic places within such locality or by publishing the same by advertisement in \nlocal newspapers or b y such other means as the Chief Municipal Executi ve \nOfficer/ Municipal Executive Officer may think fit.", "footnote": "", "is_definition": false, "sort_order": 3870 }, { "number": "399", "title": "Section 399. Whenever it is provided by or under this Act or the rules or the regulations", "chapter": null, "content": "made thereunder that notice shall be given by advertis ements in local \nnewspapers or a notification or information shall be published in local \nnewspapers such notice, notification or information shall be inserted in at least \ntwo newspapers of which at least one shall be in the regional language. \n \nD. Evidence", "footnote": "", "is_definition": false, "sort_order": 3880 }, { "number": "400", "title": "Section 400. Whenever under this Act or rules or the regulations made thereunder the", "chapter": null, "content": "doing of or the omission to do anything or the va lidity of anything done \ndepends upon the approval, sanction, consent, concurrence, declaration, \nopinion or satisfaction of – \n \n(a) the Municipality or \n(b) The Empowered Standing Committee or \n(c) The Chief Councillor or \n(d) The Chief Municipal Executive Officer/ Municipal Executive Officer or \nany other officer of the Municipality. \n \nAs the case may be a document, in writing signed – \n \ni. in the case referred to in clause (a) and clause (b) by t he Municipality \nSecretary where there is a Municipality Secretary or where there is no \nMunicipality Secretary by the Chief Municipal Executive Officer/ \nMunicipal Executive Officer and \nii. in the case referred to in clause (c) and clause(d) b y the Chief \nMunicipal Executive Officer/ Municipal Executive Officer, \n \nPurporting to con vey or set forth such approval, sanction, consent, \nconcurrence, declaration, opinion, satisfaction as the case may be shall be \nsufficient evidence thereof. \n \nE. Notices etc.", "footnote": "", "is_definition": false, "sort_order": 3890 }, { "number": "401", "title": "Section 401. Where any notice, bill, order, or requisition, issued or made under this Act", "chapter": null, "content": "or the rules or the regulations made thereunder required anyth ing to be done \nfor the doing of which no time is fixed in this Act or the rules or the regulations \nmade thereunder such noti ce, b ill, order or requisition shall specify a \nreasonable time for doing the same.", "footnote": "", "is_definition": false, "sort_order": 3900 }, { "number": "402", "title": "Section 402. (1 ) Every licence, perm ission in writing, notice, bill summons or other", "chapter": null, "content": "documents which is required by this Act or th e rules or the regulations made \nthereunder to bear the signature of the Chief Municipal Executi ve Officer/ \nMunicipal Executive Officer or any other officer of the Municipality shall be \ndeemed to b e properly signed if it bears a facsimile of the s ignature of the \nChief Municipal Executive Officer Municipal Executive Officer or such other \nofficer as the case may be and stamped thereupon. \nProhibition of \nobstruction or \nmolestation in \nexecution of work. \n \n \n \n \n \n \nPublic notices how to \nbe made known. \n \n \n \n \n \n \n \nNewspapers in which \nAdvertisements or \nnotice to be published. \n \n \n \n \n \nProof of consent etc. of \nMunicipality, \nEmpowered \nStanding Committee, \nChief Councillor, \nChief Municipal \nExecutive Officer/ \nMunicipal Executive \nOfficer etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nNotice etc. to fix \nreasonable time. \n \n \n \n \nSignature on notice \netc. may be stamped. \n \n \n \n \n \n \n\n \n(2) Nothing is sub-section (l) shall be deemed to apply to a cheque drawn upon \nthe Municipal Fund under section 82.", "footnote": "", "is_definition": false, "sort_order": 3910 }, { "number": "403", "title": "Section 403. Every notice, bill, summons or other document required", "chapter": null, "content": "by this Act or th e rules or the regulations made thereunder to be served upon, \nor issued to any person shall be served or issued by an officer or other \nemployee of the Municipality or by any person authorised by the Chief \nMunicipal Executive Officer/ Municipal Executive Officer in that behalf.", "footnote": "", "is_definition": false, "sort_order": 3920 }, { "number": "404", "title": "Section 404. (1) Every notice, bill , summons order, requisition or other document", "chapter": null, "content": "required or authorised by this Act or the rules or the regulations made \nthereunder to be served or issued by or on behalf of the Municipality or by any \nof the municipal authorities referr ed to in sectio n 20 or by any officer or other \nemployee of the Municipality, shall save as otherwise provided in this Act or \nthe rules or the regulations made thereunder be deemed to be duly served. \n \n(a) where t he person to be served is a company, if the document is \naddressed to the Secretary of the company at its registered office or at \nits principal office or place of business and is either – \n \ni. sent by registered post or \nii. delivered at the registered office or a t the principal office or \nplace of business of the company or \n \n(b) where the person to be served is a partnership, if the document is \naddressed to the partnership at its principal place of business, \nidentifying it by the name or style under which its business is carried on \nand is either – \n \ni. sent by registered post or \nii. delivered at the said place of business or \n \n(c) where the person to be served is a public body or a Municipality, or a \nsociety or other body, if the document is addressed to the secretary, \ntreasurer or other officer of such public body, Municipality, society, or \nother body at its principal office, and is either, - \n \ni. sent by registered post, or \nii. delivered at that office, and \n \n(d) in any other case, if the document is addressed to the person to be \nserved, and \n \ni. is given or tendered to him, or \nii. if such person cannot be found, is affixed on some conspicuous \npart of his last known place of residence or business, if within the \nmunicipal area, or is given or tendered to some adult member of \nhis family, or is aff ixed on some conspicuous part of the land or \nbuilding, if any, to which it relates, or \niii. Is sent by registered post to such person. \n \n(2) Any document, whi ch is required or authorized to be served on the owner \nor the occupier of any land or building, may be add ressed to \"the owner\" or \n\"the occupier\", as the case may be, of such land or building (naming such land \nor building) without further na me or description, and shall be deemed to be \nduly served, - \n \n(a) if the document so addressed is sent or delivered in accorda nce with \nclause (d) of subsection(l), or \n(b) If the document or a copy thereof so addressed is delivered to some \nperson on the land or the building or, where there is no such person to \nwhom it can be delivered, is affixed to some conspicuous part of such \nland or building. \n \n(3) Where a docu ment is served on a partnership under this sectio n, the \ndocument shall be deemed to be duly served on each partner. \n \n \n \n \n \nNotice etc. by whom to \nbe served or issued. \n \n \n \nService of notice etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(4) For the purpose of enabling any document to be served on the owner of \nany premises, the Chief Municipal Executive Officer/ Municipal Executive \nOfficer may, by notice, in writing, require the occupier of such premises to state \nthe name and address of the owner thereof. \n \n(5) Where the per son on whom a document is to be served is a minor, t he \nservice upon his guardian or any adult member o f his family shall be deemed \nto be service upon the minor. \n \n(6) Nothing in sectio n 402 or section 403 or in this section shall ap ply to any \nsummons issue under this Act by any court. \n \nExplanation. - For the purposes of this section, a servant shall not be deemed \nto be a member of the family. \n \nE. Enforcement of Orders to Execute Works etc. \n \n405.(1) When, under this Act or the rules or the regulations made there under \nany requisition or order is made by a notice, in writing, issued to any person or \npersons by any municipal authority or any officer of the Municipality, such \nauthority or officer shall specify in such notice such period within which - \n \n(a) such requisition or order shall be complied with, and \n(b) Any objection thereto, in wr iting, shall be received by such authority or \nofficer, as such authority or officer may consider reasonably. \n \n(2) If any such requ isition or order or any portion thereof is not complied with \nwithin the period specified in the no tice under sub -section (1), the Chief \nMunicipal Executive Officer/ Municipal Executive Officer ma y, subject to the \nprovisions of section 406 and such regulations as may be made by the \nMunicipality in this behalf, take such measures, or cause such measu res to be \ntaken, as may, in his opinion, be necessary for causing due compliance with \nsuch requisition or order, and, except where other wise expressly provided in \nthis Act or the rules or t he regulations made thereunder, the expenses, if any, \nincurred by s uch authority or officer in caus ing such compliance shall be paid \nby the person or persons to whom such notice is issued. \n \n(3) The Chief Municip al Executive Officer/ Municipal Executive Offic er may \ntake any scheme, execute any work, or cause anything to be d one under this \nsection, notwit hstanding any prosecution or punishment or liability to \npunishment of any person under this Act or th e rules or the regulations made \nthereunder for his failure to comply with such requisition or order.", "footnote": "", "is_definition": false, "sort_order": 3930 }, { "number": "406", "title": "Section 406. (1) Any person who has been served with a notice under sub-section (1)", "chapter": null, "content": "of section 405 may, within such period as is specified in such notice, deliver to \nthe municipal authority or the officers or the Municipality, as the case may be, \nany o bjection, in writing, setting forth the objections w hich he may d esire to \nstate for withdrawal or modification of such notice. \n \n(2) Every such objec tion shall be placed before the Chief Municipal Executive \nOfficer/ Municipal Executive Officer for determination and, pending such \ndetermination, compliance with any requisition or order in accordance with \nsuch notice shall be stayed. \n \n(3) The Chief Municipal Executive Officer Municipal Executive Officer or, if he \nso directs, any other officer of the Muni cipality of such rank as may be \nspecified by him, other than an officer who has issued such notice, shall, after \nhearing the person concerned or his agent duly authorized by him, in writing, in \nthis b ehalf and after considering the circumstances of th e case, make such \norder, either confirming or modifying or cancelling the notice, as he thinks fit. \n \n(4) (a) Where the Chief Municipal Executive Officer/ Municipal Executive \nOfficer or the other officer of the Municip ality referred to in subsection (3) \nmakes an order under that subsection, either confirming or modifying the \nnotice, he may, if he thinks fit, - \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTime for complying \nwith requisition \nor order, and power of \nthe Chief Municipal \nExecutive Officer/ \nMunicipal Executive \nOfficer to enforce \nrequisition or order on \ndefault. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSubmission of \nobjections to comply \nwith notice. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\ni. direct that a portion of the expenses, if any, to be incurred in complying \nwith the notice as confirmed or modified shall be borne by the \nMunicipality, and \nii. Fix a time within which the notice so confirmed shall be complied with. \n \n (b) If the notice as confirmed or modified is not complied with by such \nperson within the time fixed under sub -clause (ii) of clause (a), the Chief \nMunicipal Executive Officer shall take such measures, or cause such work to \nbe executed, or such thing to be done, as may, in his opinion, be necessary for \ncausing due compliance with such notice, and the expenses, if any, incurred \nby the Chief Municipal Executive Officer is this behalf shall be payable to the \nChief Municipal Executive Officer on demand and, if not paid within ten days of \nsuch demand, shall be recoverable as an arrear of tax under this Act. \n \nG. Recovery of Expenses.", "footnote": "", "is_definition": false, "sort_order": 3940 }, { "number": "407", "title": "Section 407. ( 1) When, under this Act or the rules or the regulations make thereunder,", "chapter": null, "content": "the expenses of any measure taken or work executed or thing done by or \nunder the order of any munici pal authority or any officer of the Municipality or \nany Magistrate are payable by any person, the Chief Municipal Executive \nOfficer/Municipal Executive Officer may, if he thinks fit and with the approval of \nthe Empowered Standing Committee, notwithstanding anything to the contrary \ncontained in this Act or the rules or the regulations made thereunder, enter into \nan agreement with such person for payment of such expenses in such \ninstalments, and at suc h intervals, as will secure t he recovery of the whole \namount due with interest thereon at such rate of interest as may be determined \nby the State Government from time to time within such period, not exceeding \nsix years, as the Municipality may determine. \n \n(2) Every such agree ment shall provide for adequate security ag ainst the \nwhole amount due from such person.", "footnote": "", "is_definition": false, "sort_order": 3950 }, { "number": "408", "title": "Section 408. (1) If any expenses are to be recovered or are incurred on account of any", "chapter": null, "content": "work mentioned – \n \n(a) in section 199 and section 201, or \n(b) in the rules or the regulations made under this Act, \n \n The Muni cipality may, if it thinks fit, declare such expenses to be an \nimprovement expenses. \n \n(2) A register s hall be maintained by the Chief Municipal Executi ve Officer/ \nMunicipal Executive Officer showing a ll expenses, declared to be an \nimprovement expenses under this section and such register shal l be open to \ninspection try any person upon payment of such fee as may from time to time \nbe determined by the Empowered Standing Committee.", "footnote": "", "is_definition": false, "sort_order": 3960 }, { "number": "409", "title": "Section 409. (1) Any improveme nt expenses under section 408 shall be charge on the", "chapter": null, "content": "premises in respect of which or for the benefit of which such expenses are \nincurred and shall be recoverable in such instalments and at such intervals, as \nmay be sufficient to discharge such expense s wit h interest thereon at such \nreasonable r ate as may be determined by the Municipality fr om time to time \nand within such period not excee ding thirty years as the Municipality may in \neach case determine. \n \n(2) The improvement expenses shall be payable by the owner or the oc cupier \nof the premises on which such expenses are chargeable.", "footnote": "", "is_definition": false, "sort_order": 3970 }, { "number": "410", "title": "Section 410. Notwithstanding any thing contained in this section when the occupier of", "chapter": null, "content": "any premises pays any instalment of improvement expenses he shall subject \nto any agreement to the contr ary, if any, between himself and the owner of \nsuch pre mises be entitled to deduct the amount of such instalment from the \nrent payable by him to such owner or to recover such amount from such owner \nin pursuance of any order of a court of competent jurisdiction.", "footnote": "", "is_definition": false, "sort_order": 3980 }, { "number": "411", "title": "Section 411. At any time before t he expiration of the period for payment of any", "chapter": null, "content": "improvement expenses, the owner or the occupier of the premises on which \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nower of Municipality to \nenter into agreement \nfor payment of \nexpenses in \ninstalment. \n \n \n \n \n \n \n \n \n \n \n \nPower of Municipality \nto declare certain \nexpenses to be an \nimprovement \nexpenses. \n \n \n \n \n \n \n \n \n \n \nImprovement \nexpenses how \nrecoverable and by \nwhom payable. \n \n \n \n \n \n \n \nRecovery of \nimprovement \nexpenses paid by \noccupier. \n \n \n \nRight of owner or \noccupier t o redeem \n\nsuch expenses are chargeable may r edeem such charger by paying to the \nMunicipality such part of such expenses as is still payable.", "footnote": "", "is_definition": false, "sort_order": 3990 }, { "number": "412", "title": "Section 412. Whenever the owner o f any land or building fails to execute any work", "chapter": null, "content": "which he is required to be execu ted under this Act or th e rules or the \nregulations made thereunder, the occupier if any, of such land or building may \nwith the approval of the Chief Municipal Executive Officer/ Municipal Executive \nOfficer execute such work and shall subject to any agreement to the contrary \nbetween himself and the owner of such land or building be entitled to recove r \nfrom the owner the reason able expenses incurred by h im in the execution of \nthe work and may deducted a ny amount thereof from the rent payable by him \nto such owner.", "footnote": "", "is_definition": false, "sort_order": 4000 }, { "number": "413", "title": "Section 413. (1 ) Whenever und er this Act or the rules or the regulations made", "chapter": null, "content": "thereunder any person by reason of his – \n \n(a) receiving the rent of any immovable properly as receiver or agent or \ntrustee of such property or \n(b) being such receiver or agent or trustee would receive the rent if such \nproperty were let to a tenant, is bound to discharge any obligation \nimposed on the owner of such property but has not at his disposal \nfunds, belonging or payable to such owner, sufficient for the purpose of \ndischarging such obligation he shall within a period of six weeks from \nthe date of service upon him by any municipal authority or officer of the \nMunicipality empowered in this behalf under this Act, of any notice \nrequiring him to discharge such obligation apply to a court of competent \njurisdiction for leave to raise such funds or for such directions as he may \nconsider necessary for such purpose. \n \n(2) If such receiver or age nt or trustee fails to apply to a court of competent \njurisdiction under sub -section (l) or after such c ourt has granted leave to raise \nfunds or has issued directions, fails to discharge such obligation or to comply \nwith such directions within twelve months of such leave or such directions he \nshall be personally liable to discharge such obligation. \n \nH. Payment of Compensation", "footnote": "", "is_definition": false, "sort_order": 4010 }, { "number": "414", "title": "Section 414. In any case not otherwise expressly provided for in this Act or the rules or", "chapter": null, "content": "the regulations made thereunder the Chief Municip al Executive Officer/ \nMunicipal Executive Officer may with the prior approval of the Empowered \nStanding C ommittee pay compensation to any person who su stains damage \nby reasons of the exercise of any of the p owers vested by this Act or the rules \nor the regulatio ns made thereunder on the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or on any other o fficer or other employee of the \nMunicipality.", "footnote": "", "is_definition": false, "sort_order": 4020 }, { "number": "415", "title": "Section 415. (1) Any perso n who has been convicted of any offence under this Act or", "chapter": null, "content": "the rules or the regulations made thereunder shall with out prejudice to an y \npunishment to which he may be subject be liable to pay such compensation for \nany damage to any property of the Municipality resulting from such offence as \nthe appropriate municipal authority may consider reasonable. \n \n(2) In the case of a ny dispute regarding the amount of compensa tion under \nsub-section (1) such amount shall on an application, in writing made by such \nperson to the Magistrate who convicts such person o f such off ence be \ndetermined by such Magistrate and if the amount of compensation so \ndetermined is not paid by such person, such amount shall be recovered under \na warrant from such Magistrate as if it were a fine imposed by him on the \nperson liable thereof. \n \nI. Recovery of expenses or compensation in case \nof disputes", "footnote": "", "is_definition": false, "sort_order": 4030 }, { "number": "416", "title": "Section 416. (1) If in respect of any expenses referred to in section 407, any disp ute", "chapter": null, "content": "arises, the Chief Municipal Executive Offi cer/ Municipal Executive Officer shall \nrefer such dispute to the Civil Court having jurisdiction for determination. \ncharge for \nimprovement \nexpenses. \n \nExecution of work by \noccupier on the failure \nof owner. \n \n \n \n \n \n \n \nRelief to receivers, \nagents and trustees. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nGeneral power of \nMunicipality to pay \ncompensation. \n \n \n \n \n \n \nCompensation to be \npaid for damage to \nproperty of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \nReference by \nMunicipality to Civil \nCourt in certain cases \n\n \n(2) Upon such reference, the C hief Municipal Executive Offic er/ Municipal \nExecutive Officer shall defer furth er proceedings for the recovery of such \nexpenses and shall recover only such amount if any as may be determined by \nthe Civil Court having jurisdiction.", "footnote": "", "is_definition": false, "sort_order": 4040 }, { "number": "417", "title": "Section 417. Save as otherwise provi ded in this Act or the rules or the regulations", "chapter": null, "content": "made thereunder or in any other law for the time being in forc e in the case of \nany dispute in respect of any expen ses or any compensation payable to any \nperson by any mun icipal authority or any officer or other employee o f the \nMunicipality or any other person under this Act or the rules or the regulations \nmade thereunder, the amount of such expenses or such compensation shall \nbe determined by the Civil Court having jurisdiction at any time within one year \nfrom the date of such expenses or such compensation first becoming due.", "footnote": "", "is_definition": false, "sort_order": 4050 }, { "number": "418", "title": "Section 418. If the amount of any expenses or compensation determined under section", "chapter": null, "content": "417 is not paid on demand such amount sha ll be recoverable as if the same \nwere due under a decree of the Civil Court having jurisdiction or in the manner \nprovided in chapter XIX.", "footnote": "", "is_definition": false, "sort_order": 4060 }, { "number": "419", "title": "Section 419. Notwithstanding anything contained in section 418, any expenses or", "chapter": null, "content": "compensation determined under section 417 may be recovered by a suit \nbrought in a court of Competent jurisdiction. \n \nJ. Recovery of certain dues", "footnote": "", "is_definition": false, "sort_order": 4070 }, { "number": "420", "title": "Section 420. Save as otherwise provided in this Act or the rules or the regulations", "chapter": null, "content": "made thereunder any sum due to the Municipality on account of any charge, \ncost, expense, fee, rate or rent or on a ny other account under this Act or the \nrules or the regulations made thereunder shall be recoverable from the person \nfrom whom such sum is due as if it were property tax. \n \nK. Obstruction of owner by occupier", "footnote": "", "is_definition": false, "sort_order": 4080 }, { "number": "421", "title": "Section 421. (1 ) Any owner of any land or building may, if he is prevented by the", "chapter": null, "content": "occupier thereof from complying with any provision of the Act or the rules or \nthe regulations made thereunder or any requirement under any such provision \nin respect of such land or building shal l apply to the Civil Court having \njurisdiction within the time f ixed for compliance with such provision or \nrequirement and thereupon, such owner shall not be l iable for his failure to \ncomply with such provision or requirement within the time fixed for such \ncompliance. \n \n(2) On receipt of any application under sub -section ( 1) the Civil Cou rt may \nmake an order in writing requiring the occupier of the land or the building as \nthe case maybe to affo rd all reasonable facilities to the owner for compl ying \nwith the provisions or the requirement as aforesaid and may also, if it th inks fit, \ndirect that th e costs of such application and order shall be paid by the \noccupier. \n \n(3) The occupier shall within eight days from the date of any order under sub -\nsection (2) afford all reasonable facilities to the owner in compliance with such \norder, in the event of any continued refusal by the occupier to do so, the owner \nshall be discharged during the continuance of such refusal from any lia bility \nwhich he would otherwise have incurred by reason of his failure to comply with \nthe provision or the requirement as aforesaid. \n \nL. Proceedings before the Civil Court.", "footnote": "", "is_definition": false, "sort_order": 4090 }, { "number": "422", "title": "Section 422. (l) Whenever under thi s Act any application or appeal or reference is", "chapter": null, "content": "made to a Civil Court having jurisdiction, such Civil Court may for the purpose \nof any inquiry o r proceeding in connection with such application, appeal or \nreference summon and enforce the attendance of witness and compel them to \ngive evidence or compel the production of documents by the same means and \nas far as possible in the sa me manner as is provided in the Code of Civil \nProcedure 1908 and in all matters relating to any such enquiry or proceedings \nthe court shall be gui ded generally by the provisions of the Code of Civil \nof recovery of \nexpenses. \n \n \n \n \nApplication to Civil \nCourt in certain cases \nof payment of \nexpenses or \ncompensation. \n \n \n \n \nRecovery of expenses \nor compensation \ndetermined under \nsection 417. \n \nRecovery of expenses \nor com pensation by \nsuit in court. \n \n \n \nRecovery of certain \ndues of Municipality. \n \n \n \n \n \n \n \nApplication to Civil \nCourt by owner when \noccupier prevents him \nfrom complying with \nthe Act etc. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProceedings in \nCivil Court. \n \n \n \n \n \n\nProcedure, 1908 (5 of 1908 ) so far as such provisions are applicable to such \ninquiry or proceeding. \n \n(2) If in any such e nquiry or proceeding any person summoned to appe ar \nbefore the Court fails to do so the court m ay proceed with such inquiry or \nproceeding in his absence. \n \n(3) The co st of every such inquiry or proceeding shall be payable by such \nperson or persons and in such proportions or prop ortions as the Court may \ndirect and the amount of such cost shall be recoverable as if the same were \ndue under a decree of the court.", "footnote": "", "is_definition": false, "sort_order": 4100 }, { "number": "423", "title": "Section 423. (1) The Municipality may specify a fee-", "chapter": null, "content": "(a) for making under this Act any application, appeal or reference to a Civil \nCourt having jurisdiction or \n(b) for issue of any summons or other process in inquiry or proceeding in \nconnection with such application, appeal or reference, \n \nProvided that the fee, if any under clause (a) shall not in the case \nwhere the value of any claim is capable of being estimated in money, \nexceed the fee liveable in a similar case under the Code of Civil \nProcedure 1 908. \n \n(2) No application, ap peal or reference under this Act shall be r eceived by a \nCivil Court having jurisdiction until the fee, if any under clause (a) of sub-\nsection (1) has been paid, \n \nProvided that the Civil Court may, in any case in which it thinks fit so to do – \n \ni. receive such application, appeal or reference or \nii. Issue summons or other process, without payment of such fee.", "footnote": "", "is_definition": false, "sort_order": 4110 }, { "number": "424", "title": "Section 424. Whenever under this Act any application, appeal or reference to a Civil", "chapter": null, "content": "Court having jurisdiction is settled by agreement between the parties \nconcerned before hearing of such applic ation, appeal or reference half the \namount of any fee paid by any such parties under sub-section (2) of section \n423 shall be repaid by the Civil Court to such party. \n \nM. Municipal Magistrate and proceedings before Municipal Magistrates", "footnote": "", "is_definition": false, "sort_order": 4120 }, { "number": "425", "title": "Section 425. (1) The State Government may, in consultation with the High Court of the", "chapter": null, "content": "State appoint one or more Judicial Magistrate of t he First Class for the trial of \noffence against – \n \n(a) this Act, and, \n(b) The rules and the regulations made thereunder, and may prescribe the \ntime within which and the place at which such Judicial Magistrate or \nJudicial Magistrates shall sit for such trial of offences. \n \n(2) Every such Judicia l Magistrate shall exercise all other powers and \ndischarge all the other functions of a Magistrate as provided in this Act. \n \n(3) Every such Judi cial Magistrate appointed under sub-section (1) shall be \ncalled Municipal Magistrate. \n \n(4) A Municipal Magist rate shall be paid by the State Government such salary \npension, leave and other allowances as it may from time to time determine. \n \n(5) The Municipa lity shall pay to the Municipal Magistrate out of the Municipal \nFund and amount paid by the State Government on account of salary, pension, \nleave and other allowances of a Municipal Magistrate together with the cost of \nestablishment of such Mun icipal Magistrate and all other incidental charge in \nsuch connection with such establishment. \n \n(6) Each Municipal Magistrate s hall have jurisdiction over such municipal area \nor areas as may be specified by the State Government by notification. \n \n \n \n \n \n \n \n \n \n \n \n \n \nFees in proceedings \nbefore Civil Court. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nRepayment of half of \nfees on settlement \nbefore hearing. \n \n \n \n \n \nMunicipal Magistrate. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(7) The procedure in the court of a Municipal Magistrate shall except where \notherwise specifically provided in this Act be in accordance with the provisions \nof the Code of Criminal Procedure ,1973 (2 of 1973).", "footnote": "", "is_definition": false, "sort_order": 4130 }, { "number": "426", "title": "Section 426. The o ffences mentioned under section 340, section 350, section 353,", "chapter": null, "content": "section 397 and section 462 shall be cognizable within the meaning of the \nCode of Criminal Procedure, 1973.", "footnote": "", "is_definition": false, "sort_order": 4140 }, { "number": "427", "title": "Section 427. If, in any case any p erson who is summoned to appear before the", "chapter": null, "content": "Municipal Magistrate to answer any charge of an offence und er this Act or the \nrules or the regulations made thereunder, fails to appear on the date and at the \ntime and the place mentioned in the summons issued in this beha lf or on any \nsubsequent date to which the hearing of such case is adjourned, the Municipal \nMagistrate may if- \n \n(a) Service of the summons is to his satisfaction, proved to have been \neffected and, \n(b) No sufficient cause is shown for non-appearance of such person. \n \nHear and determine such case in the absence of such person.", "footnote": "", "is_definition": false, "sort_order": 4150 }, { "number": "428", "title": "Section 428. No person shall be liable to any pu nishment for an offence under this Act", "chapter": null, "content": "or the rules or the regulations made thereunder unles s a complain of such \noffence is made before a Municipal Magistrate within six months next after- \n \n(a) the date of commission of such offence or, \n(b) The date on which the commission or the continuance of such offence is \nfirst brought to the notice of the Municipality or the Chief Municipal \nExecutive Officer/ Municipal Executive Officer.", "footnote": "", "is_definition": false, "sort_order": 4160 }, { "number": "429", "title": "Section 429. (1) The Chief Municipal Executive Officer/ Municipal Executive Officer or", "chapter": null, "content": "any other officer of the Municipality authorized by him in this behalf in writing or \nany person who resides or owns property in the municipal area, may complain \nof the existence of any nuisance to a Municipal Magistrate. \n \n(2) Upon receipt of any such complaint, t he Municipal Magistrate after making \nsuch inquiry as he considers neces sary may if he thinks fit by an order in \nwriting – \n \n(a) direct the person responsible for such nuisance or the owner of the land \nor the building on which such nuisance exists to take within such period \nas may be specified in the order such measures for abating, preventing \nremoving or remedying such nuisance as may appears to the Municipal \nMagistrate to be practicable and reasonable and may direct the Chief \nMunicipal Executive Officer/ Municipal Executive Officer to enforce any \nof the provisions of this Act or the rules or the regulations made \nthereunder for prevention of such nuisance and \n(b) further direct the person held responsible for the nuisance to pay to the \ncomplainant such reasonable cost of the complaint ( including \ncompensation for loss of time in prosecution such complaint) as the \nMunicipal Magistrate may determine: \n \nProvided that where in the opinion of the Municipal Magistrate, \nimmediate action to prevent the nuisance is necessary he may \ndispense with the inquiry and make forthwith such order as he may \nconsider necessary. \n \n(3) If any person responsible for any nuisance or any owner o f any land or \nbuilding on which any nuisance exists fails to comply with any order under sub-\nsection (2) within the period specified in the order, the Chief Municipal \nExecutive Officer/ Municipal Executive Officer may on the expiry of such period \nproceed to take necessar y action in accordance with the order or may tak e \nsuch other measures to abate, prevent, remove or remedy the nuisance as he \nmay consider necessary and th e cost of any such acti on shall be recovered \nfrom such person or such owner as the case may be. \n \n \n \n \n \n \nCertain offences to be \ncognizable. \n \n \nPower of Municipal \nMagistrate to hear \ncases in absence of \naccused summoned to \nappear. \n \n \n \n \n \n \n \n \nLimitation of time for \nprosecution. \n \n \n \n \n \n \n \nComplaint regarding \nnuisance and removal \nthereof.", "footnote": "", "is_definition": false, "sort_order": 4170 }, { "number": "430", "title": "Section 430. (1) If under this Act or the rules o r the regulations made thereunder any", "chapter": null, "content": "person is in respect of any unlawful work is liable – \n \n(a) to pay any fine and also \n(b) to demolish such work, \n \nThe Municipal Magistrate having jurisdiction may in his discretion, direct \nsuch person today the fine and also to demolish the work. \n \n(2) All sums realize d on account of fine under this section shall be credited to \nthe Municipal Fund. \n \nN. Legal Proceedings", "footnote": "", "is_definition": false, "sort_order": 4180 }, { "number": "431", "title": "Section 431. The Chief Municipal Executive Officer/ Municipal Executive Officer may :-", "chapter": null, "content": "(a) take or withdraw from proceeding against any person who is charge with – \ni. any offence under this Act or any rules or regulations made \nthereunder or \nii. any offence which affects or is likely to affect any properly or \ninterest of the Municipality or the due administration of this Act or \niii. Committing any nuisance whatsoever or \n \n(b) contest or compromise any appeal against assessment of any tax or rate \nor, \n(c) take or withdraw from or compromise any proceeding under this Act for the \nrecovery of expenses or compensation claimed to be due to the \nMunicipality or \n(d) withdraw or compromise any claim for a sum not exceeding one thousand \nrupees against any person or, \n(e) defend any suit or other legal proceeding brought against the Municipality \nor against any municipal authority or any officer or other employee of the \nMunicipality in respect of anything done or omitted to be done by the \nMunicipality or such municipal authority or officer or other employee under \nthis Act or the rules or the regulations made thereunder in the official \ncapacity or \n(f) compromise with the approval of the Empowered Standing Committee or \nwhere there is no Empowered Standing Committee with the approval of \nthe Municipality any claim suit or other legal proceeding brought against \nthe Municipality or any municipal authority or any officer or other employee \nof the Municipality in respect of anything done or omitted to be done under \nany of the foregoing clauses of this section or, \n(g) withdraw from or compromise any claim against any person in respect of \na penalty payable under any contract entered into with such person by the \nChief Municipal Executive Officer/ Municipal Executive Officer on behalf of \nthe Municipality or, \n(h) institute or prosecute any suit or other legal proceeding or with the \napproval of the Empowered Standing Committee or where there is no \nEmpowered Standing Committee with the approval of the Municipality \nwithdraw from or compromise any suit or claim other than a claim referred \nto in clause (d) instituted or made as the case may be in the name of the \nMunicipality or the Chief Municipal E xecutive Officer/Municipal Executive \nOfficer or, \n(i) obtain for any of the purpose mentioned in the foregoing provisions of this \nsection or for securing lawful exercise or discharge of any power or duty \nvesting in or imposed upon, any municipal authority or any officer or other \nemployee or the Municipality such legal advise and assistance as he may \nfrom time to time consider necessary or expedient or as he may be \nrequired by the Municipality or the Empowered Standing Committee to \nobtain.", "footnote": "", "is_definition": false, "sort_order": 4190 }, { "number": "432", "title": "Section 432. (1) No suit shal l be instituted in any court having jurisdiction against any", "chapter": null, "content": "municipal authority or any officer or other empl oyee of the Municipality or any \nperson acting under the direction of any municipal authority or any o fficer or \nother employee of the Municipality in respect of anything done, or purported to \nbe done under this Act or the rules or the regulations made thereunder until the \nexpiration of one month next after a notice in writing has been delivered or left \nPower of Municipal \nMagistrate to direct \npayment of fine and \ndemolition of unlawful \nworks. \n \n \n \n \n \n \n \n \n \nPower to institute etc. \nlegal proceedings and \nto obtain legal advices. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nNotice Limitations and \ntender of amends in \nsuits against \nMunicipality etc. \n \n \n\nat the office of such authority or at the office or the residence of such officer or \nother employee or person stating – \n \n(a) the cause of action, \n(b) the name and residence of the intending plaintiff and \n(c) the relief which such plaintiff claims, \n \n(2) Every such suit shall be commenced within four months next aft er accrual \nof the cause of action and the plaint therein s hall contain a statement that a \nnotice has been delivered or left as required under sub-section (1). \n \n(3) If the municipal authority at the office of which or the officer or the other \nemployee of th e Municipality or the person ac ting under the direction of any \nmunicipal authority or any officer or other employee of the Mu nicipality at the \noffice or the residence of whom, a notice has been delivered or left under sub -\nsection (1), satisfies the court h aving jurisdiction that the relief claimed was \ntendered to the plaintiff before t he institution of the suit, the suit shall be \ndismissed. \n \n(4) Nothing in the foregoing provisions of th is section shall apply to any suit \ninstituted under section 38of the Specific Relief Act, 1963 47 of 1963).", "footnote": "", "is_definition": false, "sort_order": 4200 }, { "number": "433", "title": "Section 433. No suit shall be mai ntainable against any municipal authority or any", "chapter": null, "content": "officer or other employee of the Municipality or any person acting under the \ndirection of any municipal au thority or any officer or other employee of the \nMunicipality or a Magistrate in respect of anything done lawfully and in good \nfaith with due care and attention under this Act or the rules or the regulations \nmade thereunder. \n \nO. Power and duties of Police Officer", "footnote": "", "is_definition": false, "sort_order": 4210 }, { "number": "434", "title": "Section 434. (1 ) Every Police - Officer-in-Charge of a police station within the", "chapter": null, "content": "jurisdiction of the Municipality and every officer and every other employee, \nsubordinate to him, if any (hereinafter referred to in this section as the \ndesignated authority ) shall – \n \n(a) co-operate with the Municipalit y for carrying into effect and enforcing \nthe provisions of this Act and for maintaining good order in and outside \nthe municipal area and, \n(b) Assist the Municipality or the Municipal Executive Officer or any other \nofficer or other employee of the Municipality in carrying out any order \nmade by a Magistrate under this Act. \n \n(2) It shall be the duty of every police officer- \ni. to communicate without delay to the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or any other officer of the Municipality a ny \ninformation which he received in respect of any design to commit or any \ncommission of any offence under this Act or the rules or the regulations \nmade thereunder and, \nii. to assist the Chief Municipal Executive Officer / Municipal Executive \nOfficer or any ot her officer or other employee of the Municipality \nrequiring his aid for the lawful exercise of any power vesting in the \nMunicipality or the Chief Municipal Executive Officer/ Municipal \nExecutive Officer or such other officer or other employee under this Act \nor the rules or the regulations made hereunder. \n \n(3) Any officer or other employee of the Municipality may when empowered by \na general or special order of the desi gnated authority, if any on the \nrecommendation of t he Municipality in that behalf, exercise the powers of a \npolice for such of the purposes of this Act as may be specified in such general \nor special order. \n \n(4) The District Magistrate, the Sub-Divisional Magistrate and the officer under \nthem and the other emp loyee subordinate to them shall cooperate with t he \nmunicipal authorities in the performance of their duties under this Act.", "footnote": "", "is_definition": false, "sort_order": 4220 }, { "number": "435", "title": "Section 435. (1) Any police officer may arrest any person who commits in his view, any", "chapter": null, "content": "Indemnity. \n \n \n \n \n \n \n \nCo-operation of police. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower of Police to \n\noffence under this Act or the rules or the regulations made thereunder provided \nthat such person declines to give on demand his name and address or gives a \nname or address which the police officer has reason to believe to be false. \n \n(2) No person so arrest ed shall be detained in custody after his correc t name \nand address are ascer tained or without the order of a Municipal Magistrate for \na period longer than twenty four hours from the time of arrests, exclusive of the \nperiod necessary for the j ourney from the place of arrest to the court of such \nMunicipal Magistrate. \n \n(3) On an application in wr iting of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or any other officer authorised by h im in this \nbehalf, any police officer above the rank of a constable shall arrest any person \nwho obstructs the Chief Municipal Executi ve Officer/ Municipal Executive \nOfficer or any other officer or other employee of the Municipality in the exercise \nof any power or performance of any function or discharge of any duty under \nthis Act or the rules or the regulations made thereunder. \n \n(4) On an applicat ion in writing of the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or any other officer, not below the rank of an officer \nauthorized in thi s behalf by the Chief Municipal Executive Officer/ Mu nicipal \nExecutive Officer under sub-section (3)I any police officer above the rank of a \nconstable shall arrest any person who in violation of the order ref erred to in \nsub-section (1) of section 350 comme nces the erection of a building or \nexecution of any work referred to in that sub-section or carries on such \nerection or such execution. \n \nP. General provisions", "footnote": "", "is_definition": false, "sort_order": 4230 }, { "number": "436", "title": "Section 436. No notice, requisition, license or permission in writing or any other", "chapter": null, "content": "document issued under this Act shall be invalid merely by reason of defect \nform.", "footnote": "", "is_definition": false, "sort_order": 4240 }, { "number": "437", "title": "Section 437. A copy of any receipt, application, plan, notice order or other document or", "chapter": null, "content": "any entry in a register in the possession of any municipal authority sh all if duly \ncertified by the legal keeper thereof or other person authorized by the Chi ef \nMunicipal Executive Officer/ Municipal Executive Offi cer in this behalf be \nadmissible in evidence of the exi stence of the document or entry and shall be \nadmitted as evidence of the matters and transaction therein recorded in every \ncase where and to the same extent to which the original document or entry \nwould if produc ed have been admissible to prove such matters and \ntransactions.", "footnote": "", "is_definition": false, "sort_order": 4250 }, { "number": "438", "title": "Section 438. No officer or other employee of the Municipality shall in any legal", "chapter": null, "content": "proceeding to which the Municipality is not a party be requ ired to produce any \nregister or document the con tents of which can be proved under section 422 \nby a certified copy or to appear as a witness to prove any matter or transaction \nrecorded therein, save by an order made by a court having jurisdiction.", "footnote": "", "is_definition": false, "sort_order": 4260 }, { "number": "439", "title": "Section 439. No person shall obstruct or molest –", "chapter": null, "content": "(a) any municipa l authority or the Chief Councillor or the Deputy Chief \nCouncillor or a Councillor or the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or any employee of the Municipality or any \nperson employed by the Municipality or, \n(b) any person authoris ed or empowered by or under this Act or with \nwhom the Municipality or any of the municipal authorities has lawfully \nentered into a contract, \n \nin the performances of his or its duty or in the execution of his or its \nwork or anything which he or it is empowered or required to do by virtue \nor inconsequence of any provision of this Act or the rules or the \nregulation made thereunder or in the fulfilment of the contract as the \ncase may be.", "footnote": "", "is_definition": false, "sort_order": 4270 }, { "number": "440", "title": "Section 440. No person shall remove any mark set up for the purpose of indicating any", "chapter": null, "content": "level or direction incidental to the execution of any work authorised by this Act \narrest offenders. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nValidity of notice and \nother documents. \n \nAdmissibility of \ndocuments or entry as \nevidence. \n \n \n \n \n \n \n \n \nEvidence of officer or \nemployee of \nMunicipality. \n \n \n \n \n \nProhibitions against \nobstruction of Chief \nCouncillor or any \nmunicipal authority etc. \n \n \n \n \n \n \n \n \n \n \nProhibition against \nremoval of mark. \n\nor the rules or the regulations made thereunder.", "footnote": "", "is_definition": false, "sort_order": 4280 }, { "number": "441", "title": "Section 441. No person shall without authori ty remove, destroy, deface or otherwise", "chapter": null, "content": "obliterate any notice exhibited by or under the order of the Municipality or any \nmunicipal authority or any o fficer or other employee of the Municipality \nspecified by the Chief Municipal Executive Officer/ Municipal Executive Officer \nin this behalf.", "footnote": "", "is_definition": false, "sort_order": 4290 }, { "number": "442", "title": "Section 442. No person shall without authority in that be half remove earth, sand or", "chapter": null, "content": "other material from or deposit any matter in or make any encroachment on any \nland vested in the Municipality or in any way obstruct such land.", "footnote": "", "is_definition": false, "sort_order": 4300 }, { "number": "443", "title": "Section 443. (1 ) Every person shall b e liable for the loss, waste or misapplication of", "chapter": null, "content": "any money or other property owned by and ves ted in the Municipality if such \nloss, wast e or misapplication is a direct consequence of h is neglect or \nmisconduct in the performance of his duty and he may after being given \nopportunity by a notice served in the manne r provided for the se rvice of \nsummons in the Code of Civil Procedure 1908 (5 of 1908) to show caused by a \nrepresentation in writing or oral, why he should not be required to make good \nthe loss by order be surcharged with the value of such property or the amount \nof such money by the Director of Local Bodies and if th e amount is not paid \nwithin one month of the expiry of the period of appeal specified in sub-section \n(2) it shall be recoverable as an arrear of tax liveable under this Act. \n \n(2) The person again st whom an order under subsection (1) is made may \nwithin thirty days of the date of comm unications of the order, appeal to the \nState Government and the State Government may confirm, modify or disallow \nthe surcharge : \n \nProvided that no person shall under th is section be called upon to show cause \nafter the expiry of a period of four years or in the case of a Councillor after \nperiod of one year from the occurrence of such loss or waste or misapplication.", "footnote": "", "is_definition": false, "sort_order": 4310 }, { "number": "444", "title": "Section 444. Every Councillor, the Ch ief Municipal Executive Of ficer/Municipal", "chapter": null, "content": "Executive Officer and every other officer or other employee of the Municipality \nshall be deemed to be public servants within the meaning of section 21 of the \nIndian Penal Code (45 of 1860).", "footnote": "", "is_definition": false, "sort_order": 4320 }, { "number": "445", "title": "Section 445. Save as otherwise expressly provided in this Act, nothing contained in this", "chapter": null, "content": "Act shall be construed to authorise the Municipality or any municipal authority \nor any officer or other employee of the Municipality to disregard any law for the \ntime being in force. \n \nChapter-XLIII \nRules and Regulations", "footnote": "", "is_definition": false, "sort_order": 4330 }, { "number": "446", "title": "Section 446. (1) The State Government may by notification and subject to the condition", "chapter": null, "content": "of previous publications make rules for carrying out the purposes of this Act. \n \n(2) Any rules made under this Act may, provide that any contr avention thereof \nshall be punishable with fine which may extend to five thousand rupees. \n \n(3) Every rule made under this Act shall be laid as soon as may be af ter it is \nmade before the State Legislature while it i s in session for a total period often \ndays which may be comprised in one session or in two or more successive \nsessions and if before the expiry of the se ssion in which it is so laid or the \nsuccessive sessions aforesaid the State Legislature agree s in making any \nmodification in the rules or the State Legislature agrees that the rules should \nnot be made the rule shall thereafter have effect only in such modified form or \nbe of no effect as the c ase may be so however that such modification or \nannulment shall be without prejudice to the validity of anything previously done \nor omitted to be done under the rule.", "footnote": "", "is_definition": false, "sort_order": 4340 }, { "number": "447", "title": "Section 447. The S tate Govern ment may by notification add to amend or alter the", "chapter": null, "content": "Schedule to this Act. \n \n \n \nProhibition against \nremoval or obliteration \nof notice. \n \n \n \nProhibition against \nunauthorized dealing \nwith public places or \nmaterials. \n \nLiability for loss, waste \nor misapplication of \nmoney or property of \nMunicipality. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCouncillors and \nofficers and other \nemployees of \nMunicipality to be \npublic servants. \n \nOther laws not to be \ndisregarded. \n \n \n \n \n \n \n \n \nPower to make rules. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPower to amend \nSchedule.", "footnote": "", "is_definition": false, "sort_order": 4350 }, { "number": "448", "title": "Section 448. The Municipality may fro m time to time make regulations not inconsistent", "chapter": null, "content": "with the provisions of this Act or the rules made thereunder f or the purpose of \ngiving effect to the provisions of this Act.", "footnote": "", "is_definition": false, "sort_order": 4360 }, { "number": "449", "title": "Section 449. The power to make regulations under this Act is subject", "chapter": null, "content": "to the condition of the regulations being made after previous publication and to \nthe following further conditions namely : \n \n(a) Such draft of regulations shall not be further proceeded with until a \nperiod of one month has expired from the date of such publications. \n(b) for not less than one month during such period, a printed copy of such \ndraft shall be kept in the office of the Municipality for public inspection \nand any person shall be permitted at any reasonable time to peruse \nsuch draft free of charge and, \n(c) Printed copies of such draft shall be obtainable by any person requiring \nsuch draft on payment of such fee as may be fixed by the Empowered \nStanding Committee.", "footnote": "", "is_definition": false, "sort_order": 4370 }, { "number": "450", "title": "Section 450. (1) No regulation made by the Municipality under th is Act shall have any", "chapter": null, "content": "effect until it has been approved by the State Government and published in the \nOfficial Gazette. \n \n(2) Before appro ving any regulations, the State Government may make such \nchanges therein as may appear to it to be necessary.", "footnote": "", "is_definition": false, "sort_order": 4380 }, { "number": "451", "title": "Section 451. (1) If the State Govern ment is at any time of the opinion that any", "chapter": null, "content": "regulations should be cancelled or modified, either wholly or in part, it shall \ncause the reasons for suc h opini on to be communicated to the Municipality \nand shall specify a reasonable period within which the Municipality may make \nsuch representation with regard thereto as it may think fit. \n \n(2) After receip t and consideration of any such representation or if in th e \nmeantime no such representation is r eceived after the expiry of the period as \naforesaid, the State Government may at any time by notification cancel or \nmodify, such regulations either wholly or in part. \n \n(3) The cancellation or modification of any regula tion under sub -section (2) \nshall take effect from such date as the State Government may specify in the \nnotification under that sub-section or if no such date is specified, from the date \nof publication of such notification : \n \nProvided that such cancellation or modification shall not affe ct anything done \nor suffered or omitted to be done under such regulation before such date. \n \n(4) Any modification u nder sub -section (2) shall also be published in local \nnewspapers.", "footnote": "", "is_definition": false, "sort_order": 4390 }, { "number": "452", "title": "Section 452. Any regulations which may be made by th e Municipality under this Act", "chapter": null, "content": "may be made by the State Gove rnment within one year from th e date of \ncommencement of this Act and any reg ulations so made may be altered or \nrescinded by the Municipality with the approval of the State Government.", "footnote": "", "is_definition": false, "sort_order": 4400 }, { "number": "453", "title": "Section 453. (1) Any regulations made under this Act may provide that a contravention", "chapter": null, "content": "thereof shall be punishable – \n \n(a) with fine which may extend to two thousand and five hundred rupees or, \n(b) with fine which may extend to t wo thousand and five hundred rupees \nand in the case of a continuing contravention with an additional fine \nwhich may extend to two hundred and fifty rupees for every day during \nwhich such contravention continues after conviction for the first of such \ncontravention or, \n(c) with fine which may extend to two hundred and fifty rupees for every \nday during which the contravention continues after the receipt by the \nperson contravening the regulation of a notice requiring such person to \ndiscontinue such contravention from the Chief Municipal Executive \nOfficer/ Municipal Exec utive Officer or any other officer of the \nMunicipality, duly authorized in that behalf. \nPower to make \nregulations. \n \n \n \nConditions precedent \nto making of \nregulations. \n \n \n \n \n \n \n \n \n \n \nRegulations to be \nsubject to approval of \nState Government. \n \n \n \n \nPower of State \nGovernment to cancel \nor modify regulation. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSupplemental \nprovisions respecting \nregulations. \n \n \nPenalty for breach of \nregulation. \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n \n(2) Any such reg ulation may also provide that a person contrav ening those \nregulations shall be required to remedy so far as lies in his power the mischief \nif any caused by such contravention.", "footnote": "", "is_definition": false, "sort_order": 4410 }, { "number": "454", "title": "Section 454. (1) A copy of all rules and regulations made under this Act shall be kept at", "chapter": null, "content": "the office of the Municipality a nd shall during office hours be open free of \ncharge to inspection by any inhabitant of the municipal. \n \n(2) Copies of such rules and regulations shall also be kept at the office of the \nMunicipality and sh all be sold to the public at such price as the Empowered \nStanding Committee may determine.", "footnote": "", "is_definition": false, "sort_order": 4420 }, { "number": "455", "title": "Section 455. If any doubt arises a s to the municipal authority to which any particula r", "chapter": null, "content": "power, duties or function appertains the Chief Counc illor shall refer the matter \nto the State Governmen t and the decision of the State Government thereon \nshall be final. \n \n \nChapter - XLIV \nOffences and Penalties", "footnote": "", "is_definition": false, "sort_order": 4430 }, { "number": "456", "title": "Section 456. Whoever-", "chapter": null, "content": "(a) contravenes any provisions of any of the sections, sub-section, clauses, \nprovisos or any other provision of this Act or, \n(b) Fails to comply with any order lawfully given to him or any requisition, \nlawfully made upon him under any of the said section, sub -sections, \nclauses, provisos or other provisions. \n \nShall be punishable – \ni. with fine which may extend to such amount or with imprisonment which \nmay extend to such period , as the State Government may by rules, \nprovide and, \nii. in the case of continuing contravention or failure with an additional fine \nwhich may extend to such amount as the State Government maybe \nrules p rovide for every day during which such contravention or failure \ncontinues after conviction for the first such contravention or failure: \n \nProvided that in the case of a Class 'A’ Municipal Council or a Class 'B' \nMunicipal Council or a Class 'C' Municipal Council or Nagar Panchayat, \nthe amount to which the fine may extend for various offences shall be \nsuch as the State Government may by rules, provide and in the case of \ncontinuing contravention or failure the daily additional fine may extend \nto one tenth of the maximum amount of fine provided for such class of \nmunicipalities in such rules.", "footnote": "", "is_definition": false, "sort_order": 4440 }, { "number": "457", "title": "Section 457. Any Councillor who knowingly acquires directly or indirectly any share o r", "chapter": null, "content": "interest in any contract made with or any work done for the Municipality except \nas a shareholder (other than a Director) in an incorporated company or as a \nmember of a co -operative society shall be deemed to have c ommitted the \noffence punishable under section 168 of the Indian Penal Code.", "footnote": "", "is_definition": false, "sort_order": 4450 }, { "number": "458", "title": "Section 458. If any person erects, exhibits, fixes or retains any advertisement referred", "chapter": null, "content": "to in chapter XVII without paying any tax under tha t chapter, he shall be \npunished with fine which – \n \n(a) may extend to an amount equal to five times the amount payable as \nsuch tax and \n(b) Shall not ordinarily be less than an amount equal to two times of such \ntax.", "footnote": "", "is_definition": false, "sort_order": 4460 }, { "number": "459", "title": "Section 459. When any premises is used or is permitted to be used by any person for", "chapter": null, "content": "any purpose other than that for which a licence has been g ranted under sub -\nsection (l) of section 369 or as a stab le or cattle-shed or cow house, then such \nperson shall without prejudice to any other penalty to which he m ay be \nsubjected, be liable to a fine which may extend in the case of a masonry \n \n \n \n \n \nRules and regulations \nto be available for \ninspection and \npurchase. \n \n \n \n \nDoubts as to powers, \nduties or functions of \nMunicipal authorities. \n \n \n \n \nPunishment for certain \noffence. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPunishment for \nacquiring share or \ninterest etc . with \nMunicipality. \n \n \nFine for not paying tax \nunder chapter XVII. \n \n \n \n \n \n \n \nFine for putting \nbuilding to any use \nother than that for \nwhich a licence has \nbeen granted. \n\nbuilding to two hundred and fi fty rupees and in the case of a hut to twenty five \nrupees and in the case if continuance of such use to a furth er fine which may \nextend in the case of a masonry building to fifty rupees and in the case of a hut \nto five rupees for each day during which such use continues after the first day.", "footnote": "", "is_definition": false, "sort_order": 4470 }, { "number": "460", "title": "Section 460. Whoever obstructs or molests any person with whom the Municipality has", "chapter": null, "content": "entered into a contract for execution of any work under this Act sh all on \nconvictions be punished with imprisonment for a term which may extend to t wo \nmonths or with fine which may extend to two hundred rupees.", "footnote": "", "is_definition": false, "sort_order": 4480 }, { "number": "461", "title": "Section 461. No person shall c ause any damage to any property belonging to the", "chapter": null, "content": "Municipality. Any person causing any damage to any property belonging to the \nMunicipality shall on conviction be punished with fine which may extend to one \nthousand rupees.", "footnote": "", "is_definition": false, "sort_order": 4490 }, { "number": "462", "title": "Section 462. No person shall cause any encroachment or obstruction on any municipal", "chapter": null, "content": "property such as a street or footpath or park without sp ecific permission of an \nofficer of the Municipality duly authorised to grant such permission. Any person \ncausing such encroachment or obstruction on any municipal property as \naforesaid shall on conviction be punishable with fine which may extend to one \nthousand rupees.", "footnote": "", "is_definition": false, "sort_order": 4500 }, { "number": "463", "title": "Section 463. In every case where under th is Act an offence is pu nishable with fine or", "chapter": null, "content": "with imprisonment or fine or with both and a person is sentenced by a Court \nhaving jurisdiction to pay a fine it shall be competent for such Court to direct \nthat in default of payment of fine, he shall suffer imprisonment for such term or \nas the case may be such further te rm, not exceeding six months as the Court \nmay fix.", "footnote": "", "is_definition": false, "sort_order": 4510 }, { "number": "464", "title": "Section 464. Whoever in any case in w hich a penalty is not expressly provided by this", "chapter": null, "content": "Act fails to comply with any notice or order or requisition issue d under any \nprovision thereof or otherwise co ntravenes any of the provisions of this Act \nshall be punishable with fine which may extend to one thousand rupees and in \nthe case of a continuing failure or contravention with an additional fine which \nmay extend to one hundred rupees for every day after the first during which he \nhas persisted in such failure or contravention.", "footnote": "", "is_definition": false, "sort_order": 4520 }, { "number": "465", "title": "Section 465. (1) Where an offence un der this Act has been committed by a company", "chapter": null, "content": "every person who at the time the offence was committed was in charge of and \nwas responsible to the company for the conduct of the business of the \ncompany as well as the company shall be deemed to be guilty of the offence \nand shall be liable to be proceeded against and punished accordingly : \n \nProvided that nothi ng contained in this subsection shall rende r any such \nperson liable to any punishment provide d in this Act if he proves that the \noffence was committed without his knowledge or that he exercise all due \ndiligence to prevent the commission of such offence. \n \n(2) Notwithstanding a nything con tained in subsection (1) wher e an offence \nunder this Act has been committe d by a company and it is proved that the \noffence has been committed with the consent or connivance of or is \nattributable to any neglect on the part of any director, manager, secretary or \nother officer of the company such \ndirector, manager, s ecretary or other officer shall also be liable to be \nproceeded against and punished accordingly – \n \nExplanation :- For the purpose of this section – \n \n(a) \"company means body corporate and includes a fir m or other \nassociation of individuals and \n(b) \"Director\" in relation to a firm, means a partnering the firm.", "footnote": "", "is_definition": false, "sort_order": 4530 }, { "number": "466", "title": "Section 466. Save as otherwise provide d in this Act no Court shall proceed to the trial", "chapter": null, "content": "of any offence punishable by or under this Act exc ept on the complaint of or \nupon information re ceived from the Chief Municipal Executive Officer/ \nMunicipal Executive Officer or any person authorised by h im, by general or \nspecial order in this behalf. \n \n \n \n \n \nPenalty for obstructing \ncontractor. \n \n \n \nPenalty for causing \ndamage to property \nbelong to Municipality. \n \n \nEncroachment on \nstreets. \n \n \n \n \n \nPunishment of \nimprisonment in \ndefault of payment of \nfine. \n \n \n \nGeneral penalty. \n \n \n \n \n \n \n \nOffences by \ncompanies. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProsecution.", "footnote": "", "is_definition": false, "sort_order": 4540 }, { "number": "467", "title": "Section 467. (1) The Chief Municipal Executive Officer/Municipal Executive Officer or if", "chapter": null, "content": "so authorised by the Municipality in this behalf by a general or special order \nthe Municipal Health Officer, the Municipal Engineer or any ot her officer of the \nMunicipality may either before or after the institutions of the proceeding and on \npayment of such fee as may be specified by re gulations, compound any \noffence as may be classifi ed as compoundable by the State Government by \nrules. \n \n(2) Notwithstanding anything contained in subsection (1) no offence punishable \nby or under this Act or by any rul e or regulations made thereunder shall be \ncompoundable if such offence is committed due to the failure t o comply with \nany notice, order or requisition as t he case may, be issued by or on behalf of \nany of the municipal authorities referred to in section 20, unless and until such \nnotice, order or requisition as the case maybe has been complied with in so far \nas such compliance is possible. \n \n(3) Where an o ffence has been compounded, the offender if in cu stody shall \nbe discharge and no further proceeding shall be taken against him in respect \nof the offence so compounded. \n \n \nChapter- XLV \nSupplemental Provisions \nA. Extension of Act to other area and inclusion or \n Exclusion of areas within or from the Municipal area.", "footnote": "", "is_definition": false, "sort_order": 4550 }, { "number": "468", "title": "Section 468. Notwithstanding anything contained in any ot her law for the time being in", "chapter": null, "content": "force, the State Government may by notification and in such other manner as it \nmay determine, declare its intention to extend, subject to such modification and \nrestriction, if any as may be specified in the notification, all o r a ny of the \nprovisions of this Act to any other area. \n \nB. Miscellaneous and Transitory Provisions", "footnote": "", "is_definition": false, "sort_order": 4560 }, { "number": "469", "title": "Section 469. The provision of this chapter shall have effect notwithstanding anything to", "chapter": null, "content": "the contrary contained elsewhere in this Act.", "footnote": "", "is_definition": false, "sort_order": 4570 }, { "number": "470", "title": "Section 470. lf any difficulty arises in giving effect to the provisions of this Act, the State", "chapter": null, "content": "Government may as occasion may require by order do or cause to be done \nanything which may be necessary for removing the difficulties : \n \nProvided that no such order shall be made after the expiry o f a period of five \nyears from the date of commencement of this Act.", "footnote": "", "is_definition": false, "sort_order": 4580 }, { "number": "471", "title": "Section 471. With effect from the date of coming into force of this Act the other relevant", "chapter": null, "content": "laws/Acts which has taken in the domain of Municipality shall stand repealed.", "footnote": "", "is_definition": false, "sort_order": 4590 } ], "metadata": { "Act ID": "20084", "Act Number": "4", "Enactment Date": "2008-03-17", "Act Year": "2008", "Short Title": "The ARUNACHAL PRADESH MUNICIPAL ACT, 2OO7 (ACT No.4 OF 2008)", "Long Title": "AN ACT to introduce and consolidate the laws relating to the municipal Government in the State of Arunachal Pradesh in conformity with the provisions of the constitution of India (Seventy-fourth Amendment) Act, 1992,based on the principles of Government at various levels and to introduce reforms in financial management and accounting systems, internal resource generation capacity and organizational design of Municipalities, to professionalization of the municipal personnel and to provide for matters connected therewith or incidental thereto.", "Department": "Department of LAW AND JUDICIAL", "Type": "STATE", "Location": "Arunachal Pradesh", "Notification": "AP EOG NO 23 Vol XV dated 19/3/2008" }, "updated_at": "2026-09-29 21:52:01" }