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THE ANDAMAN AND NICOBAR ISLANDS (MUNICIPAL) REGULATION, 1994
The Andaman and Nicobar Islands (Municipal) Regulation, 1994
Sections
An ACT
Section 1Section 1(1)
Section 1Section 1(2)
Section 1Section 1(3)
Section 1Section 2
Section 2Section 2(1)
Section 2Section 2(2)
Section 2Section 2(3)
Section 2Section 2(4)
Section 2Section 2(5)
Section 2Section 2(6)
Section 2Section 2(7)
Section 2Section 2(8)
Section 2Section 2(9)
Section 2Section 2(10)
Section 2Section 2(11)
Section 2Section 2(12)
Section 2Section 2(13)
Section 2Section 2(14)
Section 2Section 2(15)
Section 2Section 2(16)
Section 2Section 2(17)
Section 2Section 2(18)
Section 2Section 2(19)
Section 2Section 2(20)
Section 2Section 2(21)
Section 2Section 2(22)
Section 2Section 2(23)
Section 2Section 2(24)
Section 2Section 2(25)
Section 2Section 2(26)
Section 2Section 2(27)
Section 2Section 2(28)
Section 2Section 2(29)
Section 2Section 2(30)
Section 2Section 2(31)
Section 2Section 2(32)
Section 2Section 2(33)
Section 2Section 2(34)
Section 2Section 2(35)
Section 2Section 2(36)
Section 2Section 2(37)
Section 2Section 2(38)
Section 2Section 2(39)
Section 2Section 2(40)
Section 2Section 2(41)
Section 2Section 2(42)
Section 2Section 2(43)
Section 2Section 2(44)
Section 2Section 2(45)
Section 2Section 2(46)
Section 2Section 2(47)
Section 2Section 2(48)
Section 2Section 2(49)
Section 2Section 2(50)
Section 2Section 2(51)
Section 2Section 2(52)
Section 2Section 2(53)
Section 2Section 2(54)
Section 2Section 2(55)
Section 2Section 2(56)
Section 2Section 3(1)
Section 3Section 3(2)
Section 3Section 4
Section 4Section 5(1)
Section 5Section 5(2)
Section 5Section 6
Section 6Section 7
Section 7Section 8
Section 8Section 9(1)
Section 9Section 9(2)
Section 9Section 9(3)
Section 9Section 9(4)
Section 9Section 9(5)
Section 9Section 10(1)
Section 10Section 10(2)
Section 10Section 10(3)
Section 10Section 10(4)
Section 10Section 11(1)
Section 11Section 11(2)
Section 11Section 11(3)
Section 11Section 11(4)
Section 11Section 12(1)
Section 12Explanation
Section 84Section 12(2)
Section 12Section 12(3)
Section 12Section 12(4)
Section 12Section 12(5)
Section 12Section 13(1)
Section 13Section 13(2)
Section 13Section 13(3)
Section 13Section 14(1)
Section 14Section 14(2)
Section 14Section 14(3)
Section 14Section 14(4)
Section 14Section 14(5)
Section 14Section 15
Section 15Section 16(1)
Section 16Section 16(2)
Section 16Section 17(1)
Section 17Section 17(2)
Section 17Section 17(3)
Section 17Section 17(4)
Section 17Section 17(5)
Section 17Section 17(6)
Section 17Section 17(7)
Section 17Section 17(8)
Section 17Section 17(9)
Section 17Section 17(10)
Section 17Section 18(1)
Section 18Section 18(2)
Section 18Section 18(3)
Section 18Section 18(4)
Section 18Section 18(5)
Section 18Section 18(6)
Section 18Section 18(7)
Section 18Section 18(8)
Section 18Section 18(9)
Section 18Section 18(10)
Section 18Section 19
Section 19Section 20(1)
Section 20Section 20(2)
Section 20Section 20(3)
Section 20Section 20(4)
Section 20Section 21(1)
Section 21Section 21(2)
Section 21Explanation
Section 127Section 22
Section 22Section 23
Section 23Section 24(1)
Section 24Section 24(2)
Section 24Section 24(3)
Section 24Section 25(1)
Section 25Section 25(2)
Section 25Section 25(3)
Section 25Section 25(4)
Section 25Section 25(5)
Section 25Section 25(6)
Section 25Section 26(1)
Section 26Section 26(2)
Section 26Section 27(1)
Section 27Section 27(2)
Section 27Section 27(3)
Section 27Section 27(4)
Section 27Section 27(5)
Section 27Section 28
Section 28Section 29
Section 29Section 30
Section 30Section 31
Section 31Section 32(1)
Section 32Section 32(2)
Section 32Section 33(1)
Section 33Section 33(2)
Section 33Section 33(3)
Section 33Section 34(1)
Section 34Section 34(2)
Section 34Section 34(3)
Section 34Section 34(4)
Section 34Section 35(1)
Section 35Section 35(2)
Section 35Section 36
Section 36Explanation
Section 162Section 37(1)
Section 37Section 37(2)
Section 37Section 37(3)
Section 37Section 38
Section 38Section 39(1)
Section 39Section 39(2)
Section 39Section 40(1)
Section 40Section 40(2)
Section 40Section 40(3)
Section 40Section 41(1)
Section 41Section 41(2)
Section 41Section 41(3)
Section 41Section 42
Section 42Section 43
Section 43Section 44
Section 44Section 45(1)
Section 45Section 45(2)
Section 45Section 45(3)
Section 45Section 46(1)
Section 46Section 46(2)
Section 46Section 47
Section 47Section 48(1)
Section 48Section 48(2)
Section 48Section 49(1)
Section 49Section 49(2)
Section 49Section 49(3)
Section 49Section 49(4)
Section 49Section 50(1)
Section 50Section 50(2)
Section 50Section 50(3)
Section 50Section 50(4)
Section 50Section 50(5)
Section 50Section 51(1)
Section 51Section 51(2)
Section 51Section 52(1)
Section 52Section 52(2)
Section 52Section 52(3)
Section 52Section 53
Section 53Section 54
Section 54Section 55(1)
Section 55Section 55(2)
Section 55Section 55(3)
Section 55Section 55(4)
Section 55Section 56(1)
Section 56Section 56(2)
Section 56Section 56(3)
Section 56Section 57(1)
Section 57Section 57(2)
Section 57Section 57(3)
Section 57Section 58
Section 58Section 59
Section 59Section 60
Section 60Section 61(1)
Section 61Section 61(2)
Section 61Section 62
Section 62Section 63(1)
Section 63Section 63(2)
Section 63Section 64(1)
Section 64Section 64(2)
Section 64Section 64(3)
Section 64Section 65(1)
Section 65Section 65(2)
Section 65Section 65(3)
Section 65Section 66
Section 66Section 67(1)
Section 67Section 67(2)
Section 67Section 68(1)
Section 68Section 68(2)
Section 68Section 69(1)
Section 69Section 69(2)
Section 69Section 70
Section 70Section 71(1)
Section 71Section 71(2)
Section 71Section 72
Section 72Section 73(1)
Section 73Section 73(2)
Section 73Section 74(1)
Section 74Section 74(2)
Section 74Section 75(1)
Section 75Section 75(2)
Section 75Section 76
Section 76Explanation
Section 244Section 77(1)
Section 77Section 77(2)
Section 77Section 78
Section 78Section 79
Section 79Explanation 1
Section 249Explanation 2
Section 250Section 80(1)
Section 80Section 80(2)
Section 80Section 80(3)
Section 80Section 81(1)
Section 81Section 81(2)
Section 81Section 81(3)
Section 81Section 81(4)
Section 81Section 81(5)
Section 81Section 81(6)
Section 81Section 81(7)
Section 81Section 81(8)
Section 81Section 81(9)
Section 81Section 81(10)
Section 81Section 82
Section 82Section 83(1)
Section 83Section 83(2)
Section 83Section 84(1)
Section 84Section 84(2)
Section 84Section 84(3)
Section 84Section 85(1)
Section 85Section 85(2)
Section 85Section 86(1)
Section 86Section 86(2)
Section 86Section 86(3)
Section 86Section 87(1)
Section 87Section 87(2)
Section 87Section 87(3)
Section 87Section 88(1)
Section 88Section 88(2)
Section 88Section 88(3)
Section 88Section 88(4)
Section 88Section 88(5)
Section 88Section 89(1)
Section 89Section 89(2)
Section 89Section 89(3)
Section 89Section 89(4)
Section 89Section 90(1)
Section 90Section 90(2)
Section 90Section 90(3)
Section 90Section 91
Section 91Section 92(1)
Section 92Section 92(2)
Section 92Section 93(1)
Section 93Section 93(2)
Section 93Section 93(3)
Section 93Section 93(4)
Section 93Section 93(5)
Section 93Section 93(6)
Section 93Section 94
Section 94Section 95
Section 95Section 96(1)
Section 96Section 96(2)
Section 96Section 96(3)
Section 96Section 97(1)
Section 97Section 97(2)
Section 97Section 98
Section 98Section 99
Section 99Section 100
Section 100Section 101(1)
Section 101Section 101(2)
Section 101Section 102(1)
Section 102Explanation
Section 312Section 102(2)
Section 102Section 102(3)
Section 102Section 103
Section 103Section 104(1)
Section 104Section 104(2)
Section 104Section 105
Section 105Section 106(1)
Section 106Section 106(2)
Section 106Section 106(3)
Section 106Section 106(4)
Section 106Section 106(5)
Section 106Section 107(1)
Section 107Section 107(2)
Section 107Section 107(3)
Section 107Section 108(1)
Section 108Section 108(2)
Section 108Section 109
Section 109Section 110(1)
Section 110Section 111(1)
Section 111Section 111(2)
Section 111Section 111(3)
Section 111Section 111(4)
Section 111Section 112(1)
Section 112Section 112(2)
Section 112Section 113(1)
Section 113Section 113(2)
Section 113Section 114
Section 114Section 115
Section 115Section 116
Section 116Section 117
Section 117Section 118(1)
Section 118Section 118(2)
Section 118Section 118(3)
Section 118Section 118(4)
Section 118Section 119(1)
Section 119Section 119(2)
Section 119Section 119(3)
Section 119Section 119(4)
Section 119Section 120
Section 120Section 121(1)
Section 121Section 121(2)
Section 121Section 122
Section 122Section 123
Section 123Section 124
Section 124Section 125(1)
Section 125Section 125(2)
Section 125Section 126
Section 126Section 127
Section 127Section 128
Section 128Section 129(1)
Section 129Section 129(2)
Section 129Section 129(3)
Section 129Section 129(4)
Section 129Section 130(1)
Section 130Section 130(2)
Section 130Section 131
Section 131Section 132
Section 132Section 133
Section 133Section 134
Section 134Section 135
Section 135Section 136
Section 136Section 137(1)
Section 137Section 137(2)
Section 137Section 137(3)
Section 137Section 137(4)
Section 137Section 138
Section 138Section 139
Section 139Section 140
Section 140Section 141(1)
Section 141Section 141(2)
Section 141Section 142
Section 142Section 143(1)
Section 143Section 143(2)
Section 143Section 144
Section 144Section 145
Section 145Explanation
Section 388Section 146
Section 146Section 147
Section 147Section 148
Section 148Section 149
Section 149Section 150(1)
Section 150Section 150(2)
Section 150Section 151(1)
Section 151Section 151(2)
Section 151Explanation
Section 397Section 152
Section 152Section 153(1)
Section 153Section 153(2)
Section 153Section 153(3)
Section 153Section 154
Section 154Section 155
Section 155Section 156
Section 156Section 157(1)
Section 157Section 157(2)
Section 157Section 158
Section 158Section 159
Section 159Section 160(1)
Section 160Section 160(2)
Section 160Section 160(3)
Section 160Section 161
Section 161Explanation
Section 413Section 162(1)
Section 162Section 162(2)
Section 162Section 162(3)
Section 162Section 162(4)
Section 162Section 163
Section 163Section 164
Section 164Section 165
Section 165Section 166
Section 166Explanation
Section 422Section 167
Section 167Section 168
Section 168Section 169(1)
Section 169Section 169(2)
Section 169Section 170
Section 170Section 171(1)
Section 171Section 171(2)
Section 171Section 171(3)
Section 171Section 172
Section 172Section 173
Section 173Section 174
Section 174Section 175
Section 175Section 176(1)
Section 176Section 176(2)
Section 176Section 177
Section 177Section 178(1)
Section 178Section 178(2)
Section 178Section 178(3)
Section 178Section 178(4)
Section 178Section 178(5)
Section 178Section 179
Section 179Section 180
Section 180Section 181
Section 181Section 182
Section 182Section 183
Section 183Section 184
Section 184Section 185(1)
Section 185Section 185(2)
Section 185Section 186(1)
Section 186Section 186(2)
Section 186Section 187(1)
Section 187Section 187(2)
Section 187Section 188
Section 188Section 189(1)
Section 189Section 189(2)
Section 189Section 189(3)
Section 189Section 190
Section 190Section 191(1)
Section 191Section 191(2)
Section 191Section 191(3)
Section 191Section 192
Section 192Section 193
Section 193Section 194
Section 194Section 195(1)
Section 195Section 195(2)
Section 195Section 195(3)
Section 195Section 196(1)
Section 196Section 196(2)
Section 196Section 196(3)
Section 196Section 196(5)
Section 196Section 197(1)
Section 197Section 197(2)
Section 197Section 197(3)
Section 197Section 198
Section 198Section 199(1)
Section 199Section 199(2)
Section 199Section 200
Section 200Section 201
Section 201Section 202(1)
Section 202Section 202(2)
Section 202Section 202(3)
Section 202Section 202(4)
Section 202Section 202(5)
Section 202Section 202(6)
Section 202Section 202(7)
Section 202Section 203(1)
Section 203Section 203(2)
Section 203Section 203(3)
Section 203Section 203(4)
Section 203Section 204
Section 204Section 205
Section 205Section 206(1)
Section 206Section 206(2)
Section 206Section 207
Section 207Section 208(1)
Section 208Section 208(2)
Section 208Section 209(1)
Section 209Section 210(1)
Section 210Section 210(2)
Section 210
the-andaman-and-nicobar-islands-municipal-regulation-1994.json
•
501 Sections
•
Andaman and Nicobar Islands
{
"id": 35,
"slug": "the-andaman-and-nicobar-islands-municipal-regulation-1994",
"title": "THE ANDAMAN AND NICOBAR ISLANDS (MUNICIPAL) REGULATION, 1994",
"short_title": "The Andaman and Nicobar Islands (Municipal) Regulation, 1994",
"act_number": "5 of 1994",
"act_year": 1994,
"act_type": "CENTRAL",
"location": "Andaman and Nicobar Islands",
"law_status": "amended",
"enactment_date": "1994-05-23",
"description": "The Andaman and Nicobar Islands (Municipal) Regulation, 1994",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "An ACT",
"chapter": null,
"content": "A Regulation to provide for the constitution of Municipalities in the Andaman And Nicobar Islands and to define and regulate their power and functions and to repeal the Andaman and Nicobar Islands (Administration) Regulation, 1979.\n\nIn exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him:-",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "1",
"title": "Section 1(1)",
"chapter": null,
"content": "1. (1) This Regulation may be called the Andaman & Nicobar Islands (Municipal) Regulation, 1994.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "1",
"title": "Section 1(2)",
"chapter": null,
"content": "(2) It extends to the whole of the territory of the Andaman and Nicobar Islands.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "1",
"title": "Section 1(3)",
"chapter": null,
"content": "(3) It shall come into force at once.",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "2",
"title": "Section 2",
"chapter": null,
"content": "2. In this Regulation, unless there is something repugnant in the subject or context-",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "2",
"title": "Section 2(1)",
"chapter": null,
"content": "(1) \"Administrator\" means the Lieutenant Governor of the Andaman and Nicobar Islands appointed by the President under article 239 of the constitution;",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "2",
"title": "Section 2(2)",
"chapter": null,
"content": "(2) \"building\" means a house, hut shed or other roofed structure, for whatsoever purpose, and of whatsoever material constructed, and every part thereof, and includes a wall and a well, but does not include a tent or other such portable and merely temporary shelter and \"part of building\" includes any wall, under-ground room or passage, verandah, fixed platform, plinth staircase, or door-steps attached to, or within the compound of, an existing building or constructed on ground which is to be the site or compound of a projected building;",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "2",
"title": "Section 2(3)",
"chapter": null,
"content": "(3) \"bye-law\" means a bye-law made at a special meeting of a municipality in exercise of a power conferred by this Regulation;",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "2",
"title": "Section 2(4)",
"chapter": null,
"content": "(4) \"casual vacancy\" means a vacancy occuring otherwise than by efflux of time in the office of a member of the Municipality or any other elective office and casual election means an election held to fill a casual vacancy;",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "2",
"title": "Section 2(5)",
"chapter": null,
"content": "(5) \"Deputy Commissioner\" means the Deputy Commissioner of the Andaman and Nicobar Islands and includes any other officer specifically appointed by the Administrator to perform all or any of the functions of the Deputy Commissioner under this Regulation in relation to a Municipality;",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "2",
"title": "Section 2(6)",
"chapter": null,
"content": "(6) \"district\" means the district of Andaman and Nicobar Islands;",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "2",
"title": "Section 2(7)",
"chapter": null,
"content": "(7) \"District Judge\" means the District Judge of the Andaman and Nicobar Islands;",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "2",
"title": "Section 2(8)",
"chapter": null,
"content": "(8) \"drain\" includes a sewer, pipe, ditch, channel or any other device for carring off sullage, sewage, polluted water, rain water or sub-soil water together with pail-depots, traps, sinks, cisterns, flush-tanks and other fittings appertaining thereto;",
"footnote": "",
"is_definition": false,
"sort_order": 120
},
{
"number": "2",
"title": "Section 2(9)",
"chapter": null,
"content": "(9) \"Election Commission\" means the Election Commission of the Union territory referred to in section 32;",
"footnote": "",
"is_definition": false,
"sort_order": 130
},
{
"number": "2",
"title": "Section 2(10)",
"chapter": null,
"content": "(10) \"Election Commissioner\" means the Election Commissioner of the Union territory referred to in section 32;",
"footnote": "",
"is_definition": false,
"sort_order": 140
},
{
"number": "2",
"title": "Section 2(11)",
"chapter": null,
"content": "(11) \"explosive\" has the meaning given to it in clause (1) of section 4 of the Explosives Act, 1884;",
"footnote": "4 of 1884",
"is_definition": false,
"sort_order": 150
},
{
"number": "2",
"title": "Section 2(12)",
"chapter": null,
"content": "(12) \"factory\" means a factory as defined in the Factories Act, 1948;",
"footnote": "63 of 1948",
"is_definition": false,
"sort_order": 160
},
{
"number": "2",
"title": "Section 2(13)",
"chapter": null,
"content": "(13) \"filth\" includes sewage, dung, dirt, swill, putrid and puterfying substances and all offensive matter;",
"footnote": "",
"is_definition": false,
"sort_order": 170
},
{
"number": "2",
"title": "Section 2(14)",
"chapter": null,
"content": "(14) \"Government\" means the Government of Union territory of the Andaman and Nicobar Islands;",
"footnote": "",
"is_definition": false,
"sort_order": 180
},
{
"number": "2",
"title": "Section 2(15)",
"chapter": null,
"content": "(15) \"Joint Committee\" means a Joint Committee constituted under section 19;",
"footnote": "",
"is_definition": false,
"sort_order": 190
},
{
"number": "2",
"title": "Section 2(16)",
"chapter": null,
"content": "(16) \"infectious or contagious disease\" includes cholera, leprosy enteric fever, small pox, tuberculosis, diphtheria, plague, influenza and any other epidemic, endemic or infectious disease which the Administrator may, by notification, declare to be an infectious or contagious disease for the purposes of this Regulation;",
"footnote": "",
"is_definition": false,
"sort_order": 200
},
{
"number": "2",
"title": "Section 2(17)",
"chapter": null,
"content": "(17) \"inhabitant\" in relation to a municipal area means any person ordinarily residing or carring on business, or owing or occupying immovable property herein, and, in case of any dispute, means any person declared by the Deputy Commissioner to be an inhabitant;",
"footnote": "",
"is_definition": false,
"sort_order": 210
},
{
"number": "2",
"title": "Section 2(18)",
"chapter": null,
"content": "(18) \"land\" includes land which is being build upon or is build upon or covered with water benefits to arrive out of land, things attached to the earth, or permanently fasacent to anything attached to the earth and drives created by law or any street;",
"footnote": "",
"is_definition": false,
"sort_order": 220
},
{
"number": "2",
"title": "Section 2(19)",
"chapter": null,
"content": "(19) \"layout\" means a layout formed by an individual or body of persons, whether incorporated or not;",
"footnote": "",
"is_definition": false,
"sort_order": 230
},
{
"number": "2",
"title": "Section 2(20)",
"chapter": null,
"content": "(20) \"licenced plumber",
"footnote": "",
"is_definition": false,
"sort_order": 240
},
{
"number": "2",
"title": "Section 2(21)",
"chapter": null,
"content": "(21) \"lodging house\" includes a collection of buildings or a building or part of a building used for the accommodation of travellers;",
"footnote": "",
"is_definition": false,
"sort_order": 250
},
{
"number": "2",
"title": "Section 2(22)",
"chapter": null,
"content": "(22) \"major road\" means any surfaced, that is to say metalled and motorable public street not constructed by or on behalf of a municipality out of the municipal fund, which may be declared by the Administrator to be maintainable by the Andaman Public Works Department;",
"footnote": "",
"is_definition": false,
"sort_order": 260
},
{
"number": "2",
"title": "Section 2(23)",
"chapter": null,
"content": "(23) \"market\" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, livestock, food for live-stock, meat, fish, frust, vegetables, flowers, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such places, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place, or any other person;",
"footnote": "",
"is_definition": false,
"sort_order": 270
},
{
"number": "2",
"title": "Section 2(24)",
"chapter": null,
"content": "(24) \"member\" means a member of a Municipality;",
"footnote": "",
"is_definition": false,
"sort_order": 280
},
{
"number": "2",
"title": "Section 2(25)",
"chapter": null,
"content": "(25) \"municipal area\" means any area declared under section 3 to be a municipal area;",
"footnote": "",
"is_definition": false,
"sort_order": 290
},
{
"number": "2",
"title": "Section 2(26)",
"chapter": null,
"content": "(26) \"notification\" means a notification published in the Official Gazette;",
"footnote": "",
"is_definition": false,
"sort_order": 300
},
{
"number": "2",
"title": "Section 2(27)",
"chapter": null,
"content": "(27) \"nuisance\" includes any act, omission, place or thing, which causes or is likely to cause injury, danger, annoyance, or offence to the sense of sight, smell or hearing or disturbance to rest or sleep of which is to may be dangerous to life or injurious to health or property;",
"footnote": "",
"is_definition": false,
"sort_order": 310
},
{
"number": "2",
"title": "Section 2(28)",
"chapter": null,
"content": "(28) \"occupier\" includes an owner in actual occupation of his own land or building and any person for the time being paying or liable to pay to the owner of any land or building the rent or any portion of the rent payable in respect thereof; and in Chapter VII includes a hotel keeper, a lodging house and any owner whose premises are let to more than one tenant;",
"footnote": "",
"is_definition": false,
"sort_order": 320
},
{
"number": "2",
"title": "Section 2(29)",
"chapter": null,
"content": "(29) \"offensive matter\" includes animals carcasses, dung, dirt, and putrid or putrefying subestances other than sewage;",
"footnote": "",
"is_definition": false,
"sort_order": 330
},
{
"number": "2",
"title": "Section 2(30)",
"chapter": null,
"content": "(30) \"officer\" in relation to a Municipality means a person holding an office created or continued by or under this Regulation, but does not include a member as such;",
"footnote": "",
"is_definition": false,
"sort_order": 340
},
{
"number": "2",
"title": "Section 2(31)",
"chapter": null,
"content": "(31) \"Official Gazette\" means the Andaman and Nicobar Islands Gazette;",
"footnote": "",
"is_definition": false,
"sort_order": 350
},
{
"number": "2",
"title": "Section 2(32)",
"chapter": null,
"content": "(32) \"owner\" includes the person for the time being holding the licence, permit or grant under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926 in respect of any land also the person for the time being receiving the rent of any land or building, whether on his own account or as agent or trustee for any person or society or for any religious charitable purpose or who would so receive the same if the land or building were let to a tenant;",
"footnote": "",
"is_definition": false,
"sort_order": 360
},
{
"number": "2",
"title": "Section 2(33)",
"chapter": null,
"content": "(33) \"petroleum\" means petroleum as defined in clause (a) of section 2 of the petroleum Act, 1934;",
"footnote": "30 of 1934",
"is_definition": false,
"sort_order": 370
},
{
"number": "2",
"title": "Section 2(34)",
"chapter": null,
"content": "(34) \"population\" means the population as ascertained at the last preceding census of which the relevant figures have been published;",
"footnote": "",
"is_definition": false,
"sort_order": 380
},
{
"number": "2",
"title": "Section 2(35)",
"chapter": null,
"content": "(35) \"premises\" includes messuages, buildings and lands to any tenure whether open or enclosed, whether built upon or not and whether public or private;",
"footnote": "",
"is_definition": false,
"sort_order": 390
},
{
"number": "2",
"title": "Section 2(36)",
"chapter": null,
"content": "(36) \"prescribed\" means prescribed by rules made under this Regulation;",
"footnote": "",
"is_definition": false,
"sort_order": 400
},
{
"number": "2",
"title": "Section 2(37)",
"chapter": null,
"content": "(37) \"private street\" means any street road square court alley, passage or riding path, which is not a public street but does not include a path way made by the owner of the premises on his own land to secure access to or the convenient use of such premises;",
"footnote": "",
"is_definition": false,
"sort_order": 410
},
{
"number": "2",
"title": "Section 2(38)",
"chapter": null,
"content": "(38) \"Public Health Officer\" means the Public Health Officer of the Municipality appointed under section 24;",
"footnote": "",
"is_definition": false,
"sort_order": 420
},
{
"number": "2",
"title": "Section 2(39)",
"chapter": null,
"content": "(39) \"public place\" means a place in a municipal area not being private property, which is open to the use or enjoyment of the public;",
"footnote": "",
"is_definition": false,
"sort_order": 430
},
{
"number": "2",
"title": "Section 2(40)",
"chapter": null,
"content": "(40) \"public street\" means any street in a municipal area which\n(i) has, with the consent, express or implied, of the owner of the site thereof, been levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public funds, or\n(ii) under the provisions of this Regulation becomes, or is declared by the Municipality to be, a public street;",
"footnote": "",
"is_definition": false,
"sort_order": 440
},
{
"number": "2",
"title": "Section 2(41)",
"chapter": null,
"content": "(41) \"rateable value\" means the value of any building or land fixed in accordance with the provisions of this Regulation and the rules for the purpose of assessment to property tax;",
"footnote": "",
"is_definition": false,
"sort_order": 450
},
{
"number": "2",
"title": "Section 2(42)",
"chapter": null,
"content": "(42) \"rubbish\" includes dust ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;",
"footnote": "",
"is_definition": false,
"sort_order": 460
},
{
"number": "2",
"title": "Section 2(43)",
"chapter": null,
"content": "(43) \"rule\" means a rule made in exercise of a power conferred by this Regulation;",
"footnote": "",
"is_definition": false,
"sort_order": 470
},
{
"number": "2",
"title": "Section 2(44)",
"chapter": null,
"content": "(44) \"servant\" in relation to a Municipality means any person in the pay and service of the Municipality;",
"footnote": "",
"is_definition": false,
"sort_order": 480
},
{
"number": "2",
"title": "Section 2(45)",
"chapter": null,
"content": "(45) \"sewage\" means night soil and other contents of latrines, urinals, casspools or drains and polluted water from sinks, bathrooms, stables, cattlesheds and other like places and includes trade effluents and discharges from manufactories of all kinds;",
"footnote": "",
"is_definition": false,
"sort_order": 490
},
{
"number": "2",
"title": "Section 2(46)",
"chapter": null,
"content": "(46) \"sewer\" means a closed conduit for carring of sewage, offensive matter, polluted water, waste water or sub-soil water;",
"footnote": "",
"is_definition": false,
"sort_order": 500
},
{
"number": "2",
"title": "Section 2(47)",
"chapter": null,
"content": "(47) \"street\" means any road, bridge, foot-way lane, square alley or passage in a municipal area along which the public or any portion of the public has a right to pass and includes, the drains, gutters on either side, and the land upto the defined boundary of any abutting property, notwithstanding the projection over such land of any verandah or other superstructure;",
"footnote": "",
"is_definition": false,
"sort_order": 510
},
{
"number": "2",
"title": "Section 2(48)",
"chapter": null,
"content": "(48) \"street alignment\" means a line dividing the land comprised and forming part of a street from and adjoining land;",
"footnote": "",
"is_definition": false,
"sort_order": 520
},
{
"number": "2",
"title": "Section 2(49)",
"chapter": null,
"content": "(49) \"sub-committee\" means a sub-committee established under section 18;",
"footnote": "",
"is_definition": false,
"sort_order": 530
},
{
"number": "2",
"title": "Section 2(50)",
"chapter": null,
"content": "(50) \"tax\" includes rate, fee or cess levied or imposed by a Municipality under any of the provisions of this Regulation;",
"footnote": "",
"is_definition": false,
"sort_order": 540
},
{
"number": "2",
"title": "Section 2(51)",
"chapter": null,
"content": "(51) \"trade effluent\" means any liquid either with or without particles of matter in suspension therein which is wholly or in part produced in the course of any trade or industry carried on at the trade premises and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any trade or inquiry carried on at those premises, but does not include domestic sewage;",
"footnote": "",
"is_definition": false,
"sort_order": 550
},
{
"number": "2",
"title": "Section 2(52)",
"chapter": null,
"content": "(52) \"trade premises\" means any premises used for intended to be used for carring on any trade or industry;",
"footnote": "",
"is_definition": false,
"sort_order": 560
},
{
"number": "2",
"title": "Section 2(53)",
"chapter": null,
"content": "(53) \"trade refuse\" means the refuse of any trade or industry;",
"footnote": "",
"is_definition": false,
"sort_order": 570
},
{
"number": "2",
"title": "Section 2(54)",
"chapter": null,
"content": "(54) \"Union territory\" means the Union territory of the Andaman and Nicobar Islands;",
"footnote": "",
"is_definition": false,
"sort_order": 580
},
{
"number": "2",
"title": "Section 2(55)",
"chapter": null,
"content": "(55) \"Vehicle\" includes a bicycle, tricycle and motor car and every other wheeled conveyance which is used or is capable of being used on a public street; and",
"footnote": "",
"is_definition": false,
"sort_order": 590
},
{
"number": "2",
"title": "Section 2(56)",
"chapter": null,
"content": "(56) \"water works\" includes all lakes, rivers, tanks, streams, cisterns, springs, wells, pumps, reservoirs, aqueducts, cuts, sluices, mains, pipes, culverts, engines, hydrants, stand-pipes, conduits, and all machinery, lands, buildings, bridges and things for suppling or used for supplying water.",
"footnote": "",
"is_definition": false,
"sort_order": 600
},
{
"number": "3",
"title": "Section 3(1)",
"chapter": null,
"content": "3. (1) Subject to the provisions contained in sub-section (2) the Administrator may, by notification, declare any area within the district to be a municipal area, and may, by like notification, extend contract or otherwise alter the limits of any municipal area, or may declare that any such area shall, form a date specified by him, cease to be a municipal area:\n\nProvided that no such notification shall be issued unless, --\n(i) a draft of the proposed notification together with a notice specifying the date after which that draft and the objections and suggestions of the persons likely to be affected thereby, will be taken into consideration by the Administrator has been previously published and posted at the office of the Deputy Commissioner and one or more conspicuous places within or adjecent to the area concerned; and\n(ii) the objections and suggestions of the persons likely to be affected by the proposed notification received in writing within the date so specified, have been taken into consideration by the Administrator and have been found by him to be insufficient or invalid.",
"footnote": "",
"is_definition": false,
"sort_order": 610
},
{
"number": "3",
"title": "Section 3(2)",
"chapter": null,
"content": "(2) No notification under sub-section (1) shall be issued in respect of\n(a) any place which has been declared by the Central Government under section 3 of the Cantonments Act, 1924 to be a Cantonment for the purposes of that Act, or\n(b) any area not having an average population of five hundred inhabitants to a square mile calculated in accordance with the latest official census:\n\nProvided that the Administrator may, having regard to the population of the area, the density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance, or such other factors as he may deem fit, specify, by notification, any such municipal area as an area for establishing a Nagar Panchayat, or Municipal Council, as the case may, be.",
"footnote": "",
"is_definition": false,
"sort_order": 620
},
{
"number": "4",
"title": "Section 4",
"chapter": null,
"content": "4. When, by reason of a notification under section 3 the limits of a municipal area are extended to include therein any other area, such other area, shall thereby become subject to this Regulation and all notifications, rules, bye-laws, orders, directions, issued or made there under and inforce throughout the municipal area, save in so far as the Administrator may otherwise, by notification direct.",
"footnote": "",
"is_definition": false,
"sort_order": 630
},
{
"number": "5",
"title": "Section 5(1)",
"chapter": null,
"content": "5.(1) When, by reason of a notification under section 3 the limits of a municipal area are contracted to exclude there from any area forming part thereof, if the area so excluded is immediately placed under the control of some other local authority such portion of the Municipal Fund and property vesting in the Municipality and such portion of the liablities of the Municipality as the Administrator may direct, shall be transfered to that other local authority, or, if the area so excluded is not immediately placed under the control of any other local authority such portion of the Municipal Fund and property vesting in the Municipality shall vest in the Government, and such portion of the liablities of the Municipalities shall be transfered by the Government, as the Administrator may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 640
},
{
"number": "5",
"title": "Section 5(2)",
"chapter": null,
"content": "(2) When, by reason of a notification under section 3 any municipal area ceases to be a municipal area then, if the area comprised therein is immediately placed under the control of some other local authority, the Municipal Fund and property vesting in the Municipality shall vest in, and the liabilities of the Municipality shall be transferred to, such other local authority, or, if the area is not immediately placed under the control of another local authority, such fund and property shall vest in the Government and the liabilities of the Municipalities shall be transferred to the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 650
},
{
"number": "6",
"title": "Section 6",
"chapter": null,
"content": "6. All property vested in the Government under section 5, shall be applied under the orders of the Administrator in the first place to discharging the liablities imposed on the Government under that section and in the second place for the promotion of the safety health, welfare or convenience of the inhabitants of the area which has ceased to be, or as the case may be, to be the part, of the municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 660
},
{
"number": "7",
"title": "Section 7",
"chapter": null,
"content": "7. The Administrator shall by notification in the Official Gazette, constitute for every municipal area a Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 670
},
{
"number": "8",
"title": "Section 8",
"chapter": null,
"content": "8. Every Municipality constituted under section 7 shall be a body corporate having perpetual succession and a common seal and shall, subject to such restrictions and conditions imposed by or under this Regulation or under any other for the time being in force and shall have power to acquire, hold, administer and transfer property both movable and immovable and to enter into contract and shall by the said name sue or to be sued.",
"footnote": "",
"is_definition": false,
"sort_order": 680
},
{
"number": "9",
"title": "Section 9(1)",
"chapter": null,
"content": "9.(1) Save as provided in sub-section (2), all seats in a Municipality shall be filled by persons chosen by direct election from the territorial constituencies in the municipal area and for this purpose each municipal area shall be divided by the Election Commission into territorial constituencies to be known as 'Wards' in such manner that the ratio between the population of each ward and the number of seats allotted to it shall, so far as practicable, be the same throughout the municipal area:\n\nProvided that the total number of such members shall not be less than ten and not more than twenty five",
"footnote": "",
"is_definition": false,
"sort_order": 690
},
{
"number": "9",
"title": "Section 9(2)",
"chapter": null,
"content": "(2) The following personel shall be represented in a Municipality, namely:-\n(a) not more than three persons who are not less than 25 years of age and who have special knowledge or experience in municipal Administration to be nominated by the Administrator:\n\nProvided that the persons nominated under this clause shall not have the right to vote in the meetings of the Municipality;\n\n(b) the member of the House of the people representing the constituency which comprises wholly or partly, the municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 700
},
{
"number": "9",
"title": "Section 9(3)",
"chapter": null,
"content": "(3) Seats shall be reserved for the Scheduled Tribes, the number of such seats being determined by the administrator, by order to be published in the Official Gazette and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in that Municipality as the population of Schedules Tribes in the municipal area bears to the total population of that area and such seats shall be allotted by rotation to different wards in the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 710
},
{
"number": "9",
"title": "Section 9(4)",
"chapter": null,
"content": "(4) Seats shall be reserved for women belonging the Scheduled Tribes amongst the seats reserved for the Scheduled Tribes, the number of such seats being determined by the Administrator, by order to be published in the Official Gazette which shall not be less than one-third of the total number of seats reserved for the Schedule Tribes.",
"footnote": "",
"is_definition": false,
"sort_order": 720
},
{
"number": "9",
"title": "Section 9(5)",
"chapter": null,
"content": "(5) Seats shall be reserved for women, the number of such seats being determined by the Administrator by order published in the Official Gazette, which shall be not less than one-third of the total number of seats and such seats shall be allotted by rotation to different wards in such manner in this Administrator may, by order, published in the Official Gazette, direct in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 730
},
{
"number": "10",
"title": "Section 10(1)",
"chapter": null,
"content": "10.(1) Every Municipality, unless sooner dissolved, under any law for the time being in force, shall continue for five years, from the date appointed for its first meetig and no longer.",
"footnote": "",
"is_definition": false,
"sort_order": 740
},
{
"number": "10",
"title": "Section 10(2)",
"chapter": null,
"content": "(2) Notwithstanding any thing contained in sub-section (1), the elected and nominated members of the Board functioning immediately before the coming into force this Regulation shall continue to be members till the expiration of the term prescribed under section 9 or the Andaman and Nicobar Islands (Municipal Boards) Regulation, 1957 as it stood before its repeal.",
"footnote": "",
"is_definition": false,
"sort_order": 750
},
{
"number": "10",
"title": "Section 10(3)",
"chapter": null,
"content": "(3) An election to constitute a Municipality shall be completed,\n(a) before the expiry of its duration specified in sub-section(1);\n(b) before the expiration of a period of six months from the date of its dissolution.\n\nProvided that where the remainder of the period for which the dissolved Municipality would have continued, is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Municipality for such period.",
"footnote": "",
"is_definition": false,
"sort_order": 760
},
{
"number": "10",
"title": "Section 10(4)",
"chapter": null,
"content": "(4) A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section(1) had it not been so dissolved.",
"footnote": "",
"is_definition": false,
"sort_order": 770
},
{
"number": "11",
"title": "Section 11(1)",
"chapter": null,
"content": "11.(1) A member may resign his membership, in writing, unter his hand addressed to the Chairperson and a seat shall become vacant on its acceptance by him.",
"footnote": "",
"is_definition": false,
"sort_order": 780
},
{
"number": "11",
"title": "Section 11(2)",
"chapter": null,
"content": "(2) A person nominated by the Administrator under clause (a) of sub-section (2) of section 9 may resign in writing under his hand addressed to the Administrator, through the Chairperson, and he shall cease to represent in the Municipality on the acceptance of his resignation by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 790
},
{
"number": "11",
"title": "Section 11(3)",
"chapter": null,
"content": "(3) If for a period of sixty days a member or a person nominated by the Administrator under clause (a) of sub-section (2) of section 9, is without permission of the Municipality absent from all meetings thereof the Municipality may declare his seat vacant.\n\nProvided that in computing the said period of sixty days no account shall be taken of any period during which the Municipality is adjourned for more than four consecutive days:\n\nProvided further that he shall be eligible for re-election, if otherwise qualified.",
"footnote": "",
"is_definition": false,
"sort_order": 800
},
{
"number": "11",
"title": "Section 11(4)",
"chapter": null,
"content": "(4) If a member becomes subject to any of the disqualifications mentioned in sub-section (1) or sub-section (2) of section 12, his seat shall thereupon become vacant.",
"footnote": "",
"is_definition": false,
"sort_order": 810
},
{
"number": "12",
"title": "Section 12(1)",
"chapter": null,
"content": "12. (1) A person shall be disqualified for being chosen as, and for being, a member of Municipality or to be nominated by the Administrator under clause (a) of sub-section (2) of section 9,-\n(a) if he holds any office or profit under the Government of India or the Government of any State or Union Territory in the First Schedule to the Constitution other then an office declared by Parliament or the Legislature of that State or that Union Territory by law, not to disqualified its holders;\n(b) if he is of unsound mind and stands so declared by a competent court;\n(c) if he is an undischarged insolvent;\n(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foregin State, or is under any acknowledgement of allegiance or adherence to a foreign State;\n(e) if he has being convicted by a criminal court for\n(i) an offence punishable under the Protection of Civil Rights Act, 1955 unless a period of six years has elapsed from the date of such conviction:\n\nProvided that a disqualification under this clause shall not, in the case of a person who on the date of the conviction is a member, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction until that appeal or application is disposed of by the court;\n\n(ii) any other offence and sentenced to imprisonment for a term exceeding six months, unless a period of one year has elapased since the expiry of this sentence;\n\n(f) if he has directly or indirectly any share or interest in any work done for the Municipality or in any contract or employment, with, by, or on behalf of, the Municipality:\n\nProvided that no person shall be deemed to have a share or interest in any such work, contract or employment by reason only of his-\n(i) having a share in any company or firm which may contract with or be employed by or on behalf of the Municipality, or\n(ii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Municipality may be inserted, or\n(iii) having a share or interest in any lease, sale exchange or purchase of immovable property or any agreement for the same, or\n(iv) having a share or interest in the occasional sale to the Municipality to a value not exceeding two thousand rupees in any one financial year, of any article in which he trades;\n\n(g) if he has been dismissed from the service under Government for corruption or disloyalty to the State or from service any Municipality for corruption unless a period of three years has elapsed since is dismissal;\n\n(h) if he is so disqualified by or under any law made by Parliament for being chosen as, or for being, a member of either House of Parliament:\n\nProvided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years.",
"footnote": "",
"is_definition": false,
"sort_order": 820
},
{
"number": "84",
"title": "Explanation",
"chapter": null,
"content": "Explanation: For the purposes of this sub-section a person shall not be deemed to hold an office of profit under the Government of India or the Government that he is a Minister either for the Union or for such State or in any Union Territory or that he is a member of the House of the people.",
"footnote": "",
"is_definition": false,
"sort_order": 830
},
{
"number": "12",
"title": "Section 12(2)",
"chapter": null,
"content": "(2) A Person shall be disqualified for being a member if he is disqualified for being a member of either House of Parliament under the Tenth Schedule to the Constitution.",
"footnote": "",
"is_definition": false,
"sort_order": 840
},
{
"number": "12",
"title": "Section 12(3)",
"chapter": null,
"content": "(3) No person who is in the service of Government shall be eligible for being elected as a member.",
"footnote": "",
"is_definition": false,
"sort_order": 850
},
{
"number": "12",
"title": "Section 12(4)",
"chapter": null,
"content": "(4) If a question arises as to whether a member of a Municipality has become subject to any disqualification mentioned in sub-section (1) or sub-section (1) of section 21 the question shall be refered for the decision of the Administrator and his decision shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 860
},
{
"number": "12",
"title": "Section 12(5)",
"chapter": null,
"content": "(5) Before giving any decision on any such question, the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.",
"footnote": "",
"is_definition": false,
"sort_order": 870
},
{
"number": "13",
"title": "Section 13(1)",
"chapter": null,
"content": "13.(1) Vacancy occurring by reason of the death, resignation, removal or voidance of the election of an elected member shall be filled at a casual election:\n\nProvided that in the case of a seat reserved for Scheduled Tribes, a person shall not be so qualified unless he is a member of a Scheduled Tribe:\n\nProvided further that in the case of seat reserve for woman no person other than a woman shall be qualified to be chosen as a member.",
"footnote": "",
"is_definition": false,
"sort_order": 880
},
{
"number": "13",
"title": "Section 13(2)",
"chapter": null,
"content": "(2) In the case of a casual vacancy in the office of a nominated person, the Administrator may nominate another person in his place.",
"footnote": "",
"is_definition": false,
"sort_order": 890
},
{
"number": "13",
"title": "Section 13(3)",
"chapter": null,
"content": "(3) No election to fill casual vacancy shall be held if the vacancy occurs within six months before the expiry of the duration of the Municipality efflux of time of the term of office of the members.",
"footnote": "",
"is_definition": false,
"sort_order": 900
},
{
"number": "14",
"title": "Section 14(1)",
"chapter": null,
"content": "14.(1) As soon as may be after its constitution, every Municipality shall, at a special meeting, elect one of its member, from among themselves, to be the Chairperson of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 910
},
{
"number": "14",
"title": "Section 14(2)",
"chapter": null,
"content": "(2) The term of office of a Chairperson shall be one year from the date of his election or the residue of the term of the Municipality, which ever is less",
"footnote": "",
"is_definition": false,
"sort_order": 920
},
{
"number": "14",
"title": "Section 14(3)",
"chapter": null,
"content": "(3) The office of the Chairperson shall be reserved for the first year of the Municipality in favour of a member who is a woman.",
"footnote": "",
"is_definition": false,
"sort_order": 930
},
{
"number": "14",
"title": "Section 14(4)",
"chapter": null,
"content": "(4) On the occurrance of any vacancy in the office of the Chairperson or the Vice-Chairperson, the Municipality shall within one month of the Occurance of such vacancy elect one of its members as Chairperson or Vice-Chairperson as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 940
},
{
"number": "14",
"title": "Section 14(5)",
"chapter": null,
"content": "(5) If the vacancy be a casual vacancy in the office of the Chairperson and is reserved for a woman, the vacancy shall be filled by electing one of the members from amongst women.",
"footnote": "",
"is_definition": false,
"sort_order": 950
},
{
"number": "15",
"title": "Section 15",
"chapter": null,
"content": "15 Every Municipality shall, at a special meeting, elect one or two of its members to be the Vice-Chairperson or Vice-Chairpersons and may by resolution regulate the precedence of the Vice-Chairpersons.",
"footnote": "",
"is_definition": false,
"sort_order": 960
},
{
"number": "16",
"title": "Section 16(1)",
"chapter": null,
"content": "16.(1) The term of office of a Vice-Chairperson shall be one year from the date of his election as such or till he ceases to be a member of the Municipality which ever is earlier.",
"footnote": "",
"is_definition": false,
"sort_order": 970
},
{
"number": "16",
"title": "Section 16(2)",
"chapter": null,
"content": "(2) A Vice-Chairperson whose term of office has expired, shall, if otherwise qualified, be eligible for being re-elected, as such.",
"footnote": "",
"is_definition": false,
"sort_order": 980
},
{
"number": "17",
"title": "Section 17(1)",
"chapter": null,
"content": "17.(1) The Chairperson may resign his office by writing under his hand addressed to the Administrator and the Vice-Chairperson may resign his office by writing under his hand addressed to the Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 990
},
{
"number": "17",
"title": "Section 17(2)",
"chapter": null,
"content": "(2) Every resignation under sub-section (1) shall take effect from the date of its acceptance by the Administrator in the case of the Chairperson and by Municipality in the case of a Vice-Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 1000
},
{
"number": "17",
"title": "Section 17(3)",
"chapter": null,
"content": "(3) The Chairperson or the Vice-Chairperson shall vacate his office if he ceases to be a member.",
"footnote": "",
"is_definition": false,
"sort_order": 1010
},
{
"number": "17",
"title": "Section 17(4)",
"chapter": null,
"content": "(4) A motion of no confidence against the Chairperson or Vice-Chairpersons may be moved by any member at a special meeting convened for that purpose:\n\nProvided that no such special meeting shall be convened except in accordance with sub-section (5).",
"footnote": "",
"is_definition": false,
"sort_order": 1020
},
{
"number": "17",
"title": "Section 17(5)",
"chapter": null,
"content": "(5) A requisition for a special meeting shall be made by not less than one fifth of the total members of the Municipality and shall be delivered to the Chairperson,",
"footnote": "",
"is_definition": false,
"sort_order": 1030
},
{
"number": "17",
"title": "Section 17(6)",
"chapter": null,
"content": "(6) On receipt of a requisition under sub-section (5) the Chairperson shall within seven days of its receipt convene a special meeting of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1040
},
{
"number": "17",
"title": "Section 17(7)",
"chapter": null,
"content": "(7) The special meeting shall be held on a day not later than fifteen days from the date of issue of notice of the meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 1050
},
{
"number": "17",
"title": "Section 17(8)",
"chapter": null,
"content": "(8) The special meeting shall be presided over by the Vice-Chairperson if the motion is aganist the Chairperson and by the Chairperson if the motion is aganist the Vice-Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 1060
},
{
"number": "17",
"title": "Section 17(9)",
"chapter": null,
"content": "(9) If the motion is carried by a majority of the total number of members at the special meeting, the chairperson or the Vice-Chairperson, as the case may be shall cease to hold office from the date on which the motion is carried unless he has resigned earlier.",
"footnote": "",
"is_definition": false,
"sort_order": 1070
},
{
"number": "17",
"title": "Section 17(10)",
"chapter": null,
"content": "(10) If the motion of no confidence against the Chairperson or the Vice-Chairperson is rejected, no fresh motion of no confidence against him shall be brought before the Municipality during his term as such",
"footnote": "",
"is_definition": false,
"sort_order": 1080
},
{
"number": "18",
"title": "Section 18(1)",
"chapter": null,
"content": "18.(1) There shall be the following Sub-Committees in the Muncipality, namely:\n(a) sub-committee for finance, taxation and accounts.\n(b) sub-committee for public health and sanitation.\n(c) sub-committee for works, town planning and improvement.\n(d) sub-committee for water works.\n(e) sub-committee for education and social justice.",
"footnote": "",
"is_definition": false,
"sort_order": 1090
},
{
"number": "18",
"title": "Section 18(2)",
"chapter": null,
"content": "(2) Each sub-committee shall consist of five members of the Muncipality elected at its first meeting after the general election and at the first meeting in the same month in each succeeding year according to the principal of proportionate representation by means of the single transferable vote.",
"footnote": "",
"is_definition": false,
"sort_order": 1100
},
{
"number": "18",
"title": "Section 18(3)",
"chapter": null,
"content": "(3) The Chairperson and the Vice-Chairperson shall be ex-officio members of all the Sub-Committees but they shall not have the right to vote.",
"footnote": "",
"is_definition": false,
"sort_order": 1110
},
{
"number": "18",
"title": "Section 18(4)",
"chapter": null,
"content": "(4) The term of office of the members of the sub-committees shall be one year from the date of their election:\n\nProvided that a person shall cease to be a member of the sub-committee if he ceases to be a member of the Municipality or if he absents himself without the permission of the sub-committee for three consecutive meeting of the sub-committees.",
"footnote": "",
"is_definition": false,
"sort_order": 1120
},
{
"number": "18",
"title": "Section 18(5)",
"chapter": null,
"content": "(5) Where a casual vacancy occurs in the membership of a sub-committee it shall be filled by the Municipality by the election of another member. The persons so elected shall hold office only so long as the person in whose place he is elected would, but for occurence or vacancy have held.",
"footnote": "",
"is_definition": false,
"sort_order": 1130
},
{
"number": "18",
"title": "Section 18(6)",
"chapter": null,
"content": "(6) A member of sub-committee may resign his office at any time by notice in writing addressed to the Chirperson of the sub-committee and delivered to him and such resignation shall take effect from the date on which it is accepted.",
"footnote": "",
"is_definition": false,
"sort_order": 1140
},
{
"number": "18",
"title": "Section 18(7)",
"chapter": null,
"content": "(7) Each sub-committee shall elect one of its members as Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 1150
},
{
"number": "18",
"title": "Section 18(8)",
"chapter": null,
"content": "(8) The Chairperson of the sub-committee shall hold office until a successor is elected but shall be eligible for re-election.",
"footnote": "",
"is_definition": false,
"sort_order": 1160
},
{
"number": "18",
"title": "Section 18(9)",
"chapter": null,
"content": "(9) Notwithstanding the provisions of sub-section (6) the Chair person shall vacate his office when he ceases to be a member of the sub-committee.",
"footnote": "",
"is_definition": false,
"sort_order": 1170
},
{
"number": "18",
"title": "Section 18(10)",
"chapter": null,
"content": "(10) If any casual vacancy occurs in the office of the Chairperson the sub-committee concerned shall, after the occurrence of such vacancy elect one of the members to fill such vacancy and every persons so elected shall continue in office so long as the person in whose place he is elected would, but for the occurrence of the vacancy have hold.",
"footnote": "",
"is_definition": false,
"sort_order": 1180
},
{
"number": "19",
"title": "Section 19",
"chapter": null,
"content": "19. A Municipality may concur with any other Municipality, or with more than one Municipality in constituting a joint Committee for any purpose in which they are jointly interested and in delegating to any such joint committee any power which might be exercised by either or any of the Municipality concerned.\n\nProvided that no joint committee shall be appointed in pursuance of such concurrence without the previous approval of the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1190
},
{
"number": "20",
"title": "Section 20(1)",
"chapter": null,
"content": "20.(1) Notwithstanding anything contained in the Oath Act, 1969 every person who selected to be a member of nominated under clause(a) of sub-section (2) of section 9 shall before taking his seat, make at the meeting of the Municipality, an oath or affirmation of his allegiance to the constitution in the following form namely:-\n\n\"I..... having being elected a member or nominated under clause (a) of sub-section (2) of section 9 swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India, and that I will faithfully discharge the duties upon which I am about to enter\".",
"footnote": "",
"is_definition": false,
"sort_order": 1200
},
{
"number": "20",
"title": "Section 20(2)",
"chapter": null,
"content": "(2) Any person who having being elected as a member or nominated under clause (a) of sub-section (2) of section 9 fails to make in three months of the date on which is term of office commences or at one of the first three meetings held after the said date, whichever is later, the oath or affirmation laid down in sub-section(1), shall cease to hold his office and his seat shall be deemed to have become vacant.",
"footnote": "",
"is_definition": false,
"sort_order": 1210
},
{
"number": "20",
"title": "Section 20(3)",
"chapter": null,
"content": "(3) Any person who has been elected as a member or nominated under clause (a) of sub-section (2) of section 9 shall not take his seat and meeting of the Municipality or do any act as such member unless he has made the oath or affirmation as laid down in sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 1220
},
{
"number": "20",
"title": "Section 20(4)",
"chapter": null,
"content": "(4) Notwithstanding anything contained in sub-section (3) a Chairperson, Vice-Chairperson of the Chairperson or a member of a sub-committee, who has not made the oath or affirmation as a member shall not be entitled to act as such Chairperson, Vice-Chairperson, or member.",
"footnote": "",
"is_definition": false,
"sort_order": 1230
},
{
"number": "21",
"title": "Section 21(1)",
"chapter": null,
"content": "21(1). Every member shall, not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of section 20 and before the last day of the same month in each succeeding year file with the Chairperson a declaration in such form as may be prescribed of all the assets owned by him and any member of his family and such declaration shall form part of the records of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1240
},
{
"number": "21",
"title": "Section 21(2)",
"chapter": null,
"content": "(2) A person shall be disqualified for being a member\n(a) if he fails to file a declaration reffered to in sub-section (1) or\n(b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false.",
"footnote": "",
"is_definition": false,
"sort_order": 1250
},
{
"number": "127",
"title": "Explanation",
"chapter": null,
"content": "Explanation: For the purpose of this section \"family\" means a spouse and dependent children of the member.",
"footnote": "",
"is_definition": false,
"sort_order": 1260
},
{
"number": "22",
"title": "Section 22",
"chapter": null,
"content": "22. Every Municipality shall have a Secretary who shall be a Whole time employee of the Municipality and shall be appointed by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1270
},
{
"number": "23",
"title": "Section 23",
"chapter": null,
"content": "23. The pay, allowance and other condition of service of the Secretary shall be such as may be prescribed.",
"footnote": "",
"is_definition": false,
"sort_order": 1280
},
{
"number": "24",
"title": "Section 24(1)",
"chapter": null,
"content": "24.(1) A Municipality may, by special resolution, and if required by so the Administrator, shall appoint a Public Health Officer, an Engineer or a Water-works or Electrical Engineer.",
"footnote": "",
"is_definition": false,
"sort_order": 1290
},
{
"number": "24",
"title": "Section 24(2)",
"chapter": null,
"content": "(2) Each such appointment and the salary and other conditions attaching thereto shall be subject to the approval of the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1300
},
{
"number": "24",
"title": "Section 24(3)",
"chapter": null,
"content": "(3) If a Municipality when required by the Administrator to do so fails within a reasonable time to appoint any such officers as aforesaid, the Administrator may appoint him and any officer so appointed shall be deemed to have been appointed by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1310
},
{
"number": "25",
"title": "Section 25(1)",
"chapter": null,
"content": "25 (1) if an officer or servant of a Municipality is a person in the service of Government the Municipality shall.--\n(a) if his services are wholly lent to it, contribute to his pension, gratuity and leave allowance in accordance with the rules for the time being governing his conditions of service under Government; and\n(b) if it devotes a part of his time to the performance of duties on behalf of Municipality, contribute to his pension, gratuity and leave allowances in such proportion as may be determined by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1320
},
{
"number": "25",
"title": "Section 25(2)",
"chapter": null,
"content": "(2) In case of an Officer or servant of the Municipality who is not a Government official the Municipality may subject to such conditions as the Administrator may by rules prescribe, grant him leave, absentee or acting allowance and,-\n(a) grant him gratuity on retirement; or\n(b) establissed and manitain a provident or annuity fund and comple him to contribute thereto or\n(c) where such a fund has not being established or where such fund has been established but he has been contributing there to for less than be whole of his servive grant him a pension or gratutity or purchase or arrange for annuity for him on his retirement.",
"footnote": "",
"is_definition": false,
"sort_order": 1330
},
{
"number": "25",
"title": "Section 25(3)",
"chapter": null,
"content": "(3) If the sanction of the Administrator, a Municipality may grant a compassionate gratuity or grant or arrange for the purchase of an annuity to any Officer or servant injured otherwise than by reason of his own default in the execution of his duty or where such injury results in his death, to the widow, children or other relatives dependent on him.",
"footnote": "",
"is_definition": false,
"sort_order": 1340
},
{
"number": "25",
"title": "Section 25(4)",
"chapter": null,
"content": "(4) Where an officer or servant dies in circumstances other than those reffered to in sub-section (3), the Munucipality may, with the sanction of the Administrator, grant a compassionate gratuity to the widow, children or other relatives dependent on him.",
"footnote": "",
"is_definition": false,
"sort_order": 1350
},
{
"number": "25",
"title": "Section 25(5)",
"chapter": null,
"content": "(5) A pension, gratuity, or annuity shall not exceed the sum to which under any rule or general or special order made by the Central Government, such officer or servant or his family would be entitled if the service had been service under Government.",
"footnote": "",
"is_definition": false,
"sort_order": 1360
},
{
"number": "25",
"title": "Section 25(6)",
"chapter": null,
"content": "(6) Nothing in this Regulation shall be deemed to prohibit the establishment of provident fund for officer and servants of the Municipality at such rates and under such conditions as the Municipality may, by bye-laws fix and apportion for such performance.",
"footnote": "",
"is_definition": false,
"sort_order": 1370
},
{
"number": "26",
"title": "Section 26(1)",
"chapter": null,
"content": "26.(1) If the person serving or having served under a Municipality has been or transferred from or to the service of Government or is partly employed by the Government and partly by the Municipality, the Municipality shall contribute to his pension and leave allowances to such extent as may be required by any rules made by the Government concerned in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 1380
},
{
"number": "26",
"title": "Section 26(2)",
"chapter": null,
"content": "(2) The Municipality shall not, say with the consent of the Administrator dispense with the services of any person employed as aforesaid without giving the Administrator six months previous notice.",
"footnote": "",
"is_definition": false,
"sort_order": 1390
},
{
"number": "27",
"title": "Section 27(1)",
"chapter": null,
"content": "27.(1) A Municipality may, by special resolution and not otherwise, punish, dismiss or remove its Public Health Officer or Water Works or Electrical Engineer:\n\nProvided that no such resolution as aforesaid shall be purposed until the officer concerned except when he is to be punished, dismissed or removed on the ground of his conviction on a criminal charged has been given a resonable oppurtunity or showing cause against the action proposed to be taken in regard to him:\n\nProvided further that where the officer concerned is in the service of Government and his services have been wholly or partly lent to the Municipality, no such resolution as aforesaid in respect of him shall be proposed, except with the previous sanction of the Administrator or of the head of his parent Department as the case may be.",
"footnote": "",
"is_definition": false,
"sort_order": 1400
},
{
"number": "27",
"title": "Section 27(2)",
"chapter": null,
"content": "(2) A resolution punishing dismissing or removing any of the aforesaid officers shall be communicated to the officer concerned and shall not take effect until the expiration of fifteen days from the date when the communication was served on him, or, in the event of an appeal being filed by him under sub section (3) until the appeal is decided.",
"footnote": "",
"is_definition": false,
"sort_order": 1410
},
{
"number": "27",
"title": "Section 27(3)",
"chapter": null,
"content": "(3) Any of the aforesaid officers may, within fifteen days of the receipt of notice of a resolution of punishment, dismissal or removal, appeal to the Administrator through the Chief Secretary and the Administrator shall there-upon either allow, disallow, or vary the punishment, dismissal or removal.",
"footnote": "",
"is_definition": false,
"sort_order": 1420
},
{
"number": "27",
"title": "Section 27(4)",
"chapter": null,
"content": "(4) On receiving an appeal under sub-section (3) the Administrator if he thinks fit suspend the officer concerned pending the decision of the appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 1430
},
{
"number": "27",
"title": "Section 27(5)",
"chapter": null,
"content": "(5) The Administrator shall have authority to require in accordance with the procedure laid down in the section the dismissal or removal of any of the aforesaid officers in the case of proved incompetence.",
"footnote": "",
"is_definition": false,
"sort_order": 1440
},
{
"number": "28",
"title": "Section 28",
"chapter": null,
"content": "28. Subject to the provisions the regulations and the rules and bye-laws made thereunder a Municipality may employ such other officers and servants belonging to group (c) & (d) category of the efficent execution of its duties and may assign to such officers and servants such pay and allowance as it thinks fit;\n\nProvided that such appointment should not exceed that the sanctioned strength as per the Budget approved by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1450
},
{
"number": "29",
"title": "Section 29",
"chapter": null,
"content": "29. No suit shall be maintainable against any officer or servant of a Municipality or any member, or any person acting under the direction of such officer, servant or member in respect of any thing a good faith done under the Regulation or any rule or bye-law made thereunder.\n\nProvided that every such person shall be liable for the loss, waste or misapplication of any money or other property belonging to the Municipality if such loss, waste or misapplication is a direct consequence of the neglect or misconduct in the discharge of his duties under this Regulation and a suit for compensation for the same may be instituted against him by the Municipality with sanction of the Deputy Commissioner or the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 1460
},
{
"number": "30",
"title": "Section 30",
"chapter": null,
"content": "30. Every member and every Municipal Officer and servant shall be deemed to be public servant within the meaning of section 21 of the Indian Penal code.",
"footnote": "",
"is_definition": false,
"sort_order": 1470
},
{
"number": "31",
"title": "Section 31",
"chapter": null,
"content": "31. If any Municipal Officer or servant Knowingly acquires, directly or indirectly, by himself or by partner or employer or servant, any share or interest in any work done for the Municipality or in any contract or employment with, by or or behalf of the Munucipality he shall be deemed to have committed an offence under section 168 of the Indian Code:\n\nProvided that no person shall, by reason or being a share-holder in, or a member of, any company, they held to be interested in any contract entered in to between such company and the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1480
},
{
"number": "32",
"title": "Section 32(1)",
"chapter": null,
"content": "32.(1) The Superintendence, direction and control of the preparation of Electoral Rolls for, and the conduct of all elections to the Municipalities shall be vested in the Election Commission appointed under section 185 of the Andaman and Nicobar Islands (Panchayats) Regulation, 1994, and the Election Commissioner appointed under the section shall be deemed to be the Election Commissioner for the purposes of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1490
},
{
"number": "32",
"title": "Section 32(2)",
"chapter": null,
"content": "(2) The Administrator shall when so requested by the Election Commission make available to that commission such staffs which the Administrator considers necessary for discharge of the function conferred of the Election Commission by sub-section(1).",
"footnote": "",
"is_definition": false,
"sort_order": 1500
},
{
"number": "33",
"title": "Section 33(1)",
"chapter": null,
"content": "33.(1) For the purposes of Election to a Municipality every Municipal area shall be divided into single member wards in such manner that the population of each ward shall, so far as practicable be the same through out the Municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 1510
},
{
"number": "33",
"title": "Section 33(2)",
"chapter": null,
"content": "(2) The Election Commission shall, by order Published in the Official Gazette determine,--\n(a) the number of wards;\n(b) the extent of each ward;\n(c) the wards in which seats shall be reserved for Scheduled Tribes;\n(d) the wards in which seats shall be reserved for woman; and\n(e) the manner in which seats reserved for Scheduled Tribes and woman shall be rotated",
"footnote": "",
"is_definition": false,
"sort_order": 1520
},
{
"number": "33",
"title": "Section 33(3)",
"chapter": null,
"content": "(3) For every Municipal ward their shall be an Electoral Roll which shall be prepared and published every year under the Superintendence, directior and control of the Election Commission on and shall contain such particulars in respect of the voters as the Election Commission may from time to time direct:\n\nProvided that the Election Commission may, by notification direct that no new Electoral Roll for any Municipal Ward shall be prepared and published in any particular year, and that the Electoral Roll previously published shall continue to be valid until the new Electoral Roll is published.",
"footnote": "",
"is_definition": false,
"sort_order": 1530
},
{
"number": "34",
"title": "Section 34(1)",
"chapter": null,
"content": "34.(1) A person shall not be deemed to be a voter of a Municipal Ward unless he is registered as such in the Electoral Roll for that ward.",
"footnote": "",
"is_definition": false,
"sort_order": 1540
},
{
"number": "34",
"title": "Section 34(2)",
"chapter": null,
"content": "(2) Subject to the provisions of this Regulation and of any other law for the time being in force, every person who\n(a) Is a citizen of India,\n(b) has attained the age of 18 years on the first day of January of the year for which the Electoral Roll is being prepared, and\n(c) has the requisite qualification in respect of residence shall be entitled to be so registered as a voter in the Electoral Roll for a Municipal ward.:\n\nProvided that no person shall be entitled to be so registered if he\n(i) is of unsound mind and stands so declared by a competent court; or\n(ii) is for the time being disqualified for voting under the provisions of section 42 or any other law relating to corrupt practice and other offences in connection with Elections:\n\nProvided further that no person shall be entitled to be so registered, the Electoral Roll for more than such ward in a Municipal area or more than once in any electoral roll.",
"footnote": "",
"is_definition": false,
"sort_order": 1550
},
{
"number": "34",
"title": "Section 34(3)",
"chapter": null,
"content": "(3) For the purpose of sub-section (2), a person shall be deemed to have requisite qualifications-\n(a) in respect of residence, if he has ordinary resided in a dwelling (other than as an inmate or a patient in a prison or a hospital) in the Municipal ward concerned, for a period of not less than twelve months immediately preceding the 1st day of January of the year which the electoral roll is being prepared;\n(b) in respect of business premises, if he occupies any business premises in the Municipal ward concerned, for a period of not less than twelve months immediately preceding th 1st day of January of the year for which the electoral roll is being prepared; and\n(c) in respect of taxation, if he owns within the limits of the Municipal Ward concerned immovable property which is assessed to any municipal tax on the 1st day of April of the year immediately preceding the year of which the electoral roll is being prepared.",
"footnote": "",
"is_definition": false,
"sort_order": 1560
},
{
"number": "34",
"title": "Section 34(4)",
"chapter": null,
"content": "(4) Every person who is a voter of a Municipal ward within a municipal area and who for a period of not less than six months commencing from the 1st day of January of the year during which an election is to be held has been residing in the Municipal areas shall, subject to the provisions of this Regulation and any other law for the time being in force, be qualified to be a candidate for election as a member of the Municipality in that municipal area:\n\nProvided that no person shall be qualified to be a candidate for election as a member of a Municipality if he has not attained the age 21 years.",
"footnote": "",
"is_definition": false,
"sort_order": 1570
},
{
"number": "35",
"title": "Section 35(1)",
"chapter": null,
"content": "35.(1) The election of any person as a member may be questioned by an election petition on the ground--\n(a) that such person has committed during or in respect of the elections any corrupt practice as herein after defined\n(b) that such person was declared to be elected by reason of the improper rejection or admission of one or more votes or that, for any other reason, he was not duly elected by a majority voting of lawful votes or\n(c) that such person was disqualified for being elected as a member under any of the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1580
},
{
"number": "35",
"title": "Section 35(2)",
"chapter": null,
"content": "(2) The election of any person as a member shall not be questioned--\n(a) on the ground that the name of any person qualified to vote has been ommitted from all the name of any person not qualified to vote has been inserted in, the elector roll or rolls; or\n(b) on the ground of any non-compliance with this Regulation or any rule, or of any mistake in the forms required there by or of any error irregularity or informality on the part of the officer or officers charged with carrying out this Regulation or any rule, unless such non-compliance, mistake, error irregularity or informality has materially affected the result of the elections.",
"footnote": "",
"is_definition": false,
"sort_order": 1590
},
{
"number": "36",
"title": "Section 36",
"chapter": null,
"content": "36. A person shall be deemed to have committed a corrupt practice who directly or indirectly, by himself or by any other person--\n(i) induces or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate;\n(ii) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money, or valuable consideration or any place or employment, or holds out any promise of individual advantage or profit to any person;\n(iii) gives or procures the giving of a vote in the name of a voter who is not the person giving such vote;\n(iv) abets (within the meaning of the Indian Penal Code) the doing of any of the acts specified in clause (i),(ii) or (iii); or\n(v) commits any of the practice specified in section 123 of the Representation of the People Act, 1951.",
"footnote": "45 of 1860, 43 of 1951",
"is_definition": false,
"sort_order": 1600
},
{
"number": "162",
"title": "Explanation",
"chapter": null,
"content": "EXPLANATION: A \"promise of individual advantage or profit to any person\" includes a promise for the benefit of the person himself, or of any one in whom he is interested, but does not include a promise to vote for or against any particular municipal measure.",
"footnote": "",
"is_definition": false,
"sort_order": 1610
},
{
"number": "37",
"title": "Section 37(1)",
"chapter": null,
"content": "37.(1) An election petition or any an application relating to the hearing of an election petition shall be presented to the District Judge within seven days from the date on which the result of the election was notified and shall specified the ground or grounds on which the election is questioned, and shall contain a summary of the circumstance alleged to justify the election being questioned on such grounds.",
"footnote": "",
"is_definition": false,
"sort_order": 1620
},
{
"number": "37",
"title": "Section 37(2)",
"chapter": null,
"content": "(2) The petition may be presented by the candidates in whose favour votes have been recorded and who claims in the petition to be declared elected in place of the person those election is questioned, or by ten or more voters of the Municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 1630
},
{
"number": "37",
"title": "Section 37(3)",
"chapter": null,
"content": "(3) The person whose election is questioned and there the petitioner claims that any other candidate shall be declared elected in place of such person, every unsuccessful candidate who has polled more votes than such other candidate, shall be made a respondent to the petition.",
"footnote": "",
"is_definition": false,
"sort_order": 1640
},
{
"number": "38",
"title": "Section 38",
"chapter": null,
"content": "38. Any respondent may give evidence to prove that any person in respect of whom he claim is made that such person be declared elected in his place or in priority to him, should not be declared so elected, in the same manner as if he had presented a petition against the election of such person.",
"footnote": "",
"is_definition": false,
"sort_order": 1650
},
{
"number": "39",
"title": "Section 39(1)",
"chapter": null,
"content": "39.(1) Save as otherwise provide by this Regulation or by any rule made therunder, the procedure provided in the Code of Civil Procedure 1908, in regard to suits shall in so far as it may be applicable, be followed in the hearing of election petitions by the District Judge:\n\nProvided that\n(a) two or more persons whose election is called in question may be made respondents to the same petition and their case may be tried at the same time and any two or more election petitions may be heard together; but so far as is consistent with such joint trail of hearing, the petition shall be deemed to the a seperate petition against each respondent;\n(b) the District Judge shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case;\n(c) the District Judge may, at any stage of the proceedings, require the petitioner to give security or furhter security for the payment of all payment of all costs incurred or likely to be incurred by any respondent; and\n(d) the District judge for the purpose of deciding any issue, shall only be bound to require the product of or to receive such evidence,oral or documentary as he may consider necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 1660
},
{
"number": "39",
"title": "Section 39(2)",
"chapter": null,
"content": "(2) In order for the payment of costs, or an order for the realization of security bond for costs passed by the District judge shall be executed in the same manner as if the amount to be recovered was an arrear of land revenue.",
"footnote": "",
"is_definition": false,
"sort_order": 1670
},
{
"number": "40",
"title": "Section 40(1)",
"chapter": null,
"content": "40. (1) If the District judge after making such inquiry as he thinks necessary, finds in respect of any person whose election is called, in question by petition, that his election was valid, the petition all be dismissed against such person with costs.",
"footnote": "",
"is_definition": false,
"sort_order": 1680
},
{
"number": "40",
"title": "Section 40(2)",
"chapter": null,
"content": "(2) If the District judge finds thet the election of any person was invalid, he shall either-\n(a) declare a casual vacancy to have arisen,or\n(b) declare another candidate to have been duly elected, which even course appears, in the particular circumstances of the case, to be more appropriate; and in either case the District judge may award costs in his dicretion.",
"footnote": "",
"is_definition": false,
"sort_order": 1690
},
{
"number": "40",
"title": "Section 40(3)",
"chapter": null,
"content": "(3) In the event of the District judge declaring a casual vacancy to have arisen, he shall direct the Municipality to take proceedings, for filling the vacancy.",
"footnote": "",
"is_definition": false,
"sort_order": 1700
},
{
"number": "41",
"title": "Section 41(1)",
"chapter": null,
"content": "41.(1) Notwithstanding anything contained in section 39, if the District judge, in the course of hearing an election petition.is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question, have prevailed to such an extent as to render it advisable to set aside the whole of election proceedings, he shall pass a conditional order to this effect and give notice there of to every candidate declared elected who has not already been made a party in the case, calling upon such candidate to show cause why such conditional order should not be made final.",
"footnote": "",
"is_definition": false,
"sort_order": 1710
},
{
"number": "41",
"title": "Section 41(2)",
"chapter": null,
"content": "(2) Thereupon every such candidate may appear and show cause, any may have re-called for the purpose of putting question to him, any witness who has appeared in the case.",
"footnote": "",
"is_definition": false,
"sort_order": 1720
},
{
"number": "41",
"title": "Section 41(3)",
"chapter": null,
"content": "(3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Municipality to take measures for holding fresh election proceedings.",
"footnote": "",
"is_definition": false,
"sort_order": 1730
},
{
"number": "42",
"title": "Section 42",
"chapter": null,
"content": "42. The District Judge may declare any candidate found to have committed any corrupt practice to be ineligible for being a member, or for being appointed or retained in any office or place in the gift or at the disposal of the Municipality or for being registered as a voter, for such period not exceeding five years as the District Judge nay determine.",
"footnote": "",
"is_definition": false,
"sort_order": 1740
},
{
"number": "43",
"title": "Section 43",
"chapter": null,
"content": "43. The Administrator after consulation with the Election Commission may, by notification, make rules consistant with the Regulation, for the purpose of regulating all or any of the following matters, namely:-\n(a) the preparation and revision of electoral rolls and the adjudication of claims to be registered as voters and objections to registration;\n(b) the nomination of candidates;\n(c) the dates, time and manner of holding elections, general or casual;\n(d) the number of representatives proper for each ward and reservation of seats for women;\n(e) any other matter relating to elections or election petitions in respect makes no provision or insufficient provision; and\n(f) any other matter necessary for securing the due constitution of Municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 1750
},
{
"number": "44",
"title": "Section 44",
"chapter": null,
"content": "44. Subject to such exceptions and conditions as the Administrator may from time, make and impose, it shall be the duty of every Municipality to make reasonable provision within the municipal area for-\n(a) urban planning including town planning;\n(b) regulation of land use and construction of buildings;\n(c) planning for economic and social development;\n(d) roads and bridges;\n(e) water supply for domestic industrial and commercial purposes;\n(f) public health, sanitation conservancy and solid waste management;\n(g) fire services;\n(h) urban forestry, protection of environment and promotion of ecological aspects;\n(i) safeguarding the interest of weaker sections of the society, including the handicapped and mentally retarded;\n(j) slum improvement and upgradation;\n(k) urban poverty alleviation;\n(l) provision of urban amenities and facilities such as parks, gardens playgrounds;\n(m) promotion of cultural, educational and aesthetic aspects;\n(n) burials and burial grounds; cremations, cremation grounds and electric crematoriums;\n(o) cattle pounds, prevention of cruelty to animals;\n(p) vital statistics including registrations of births and deaths;\n(q) public amenities including street lighting, parking lots, bus stops and public conveniences;\n(r) constructing, altering and maintaining public streets other major roads other than culverts, markets, slaughter-house, latrines, privies, urinals, drains drainage-work and sewarage-work subject, to the direction and general control of the Public Work Department;\n(s) securing or removing dangerous buildings or places;\n(t) maintaining the developing the value of property vested in, or entrusted to, the management of the Municipality;\n(u) preparing such returns, statements and reports as the Administrator may require the Municipality to submit; and\n(v) fulfilling any obligation imposed upon it by law.",
"footnote": "",
"is_definition": false,
"sort_order": 1760
},
{
"number": "45",
"title": "Section 45(1)",
"chapter": null,
"content": "45.(1) The Administrator may direct that the Municipality shall make provision for any of the following matters within the municipal area, subject to any exceptions and conditions that may be laid down by the Administrator, namely:-\n(a) reclaiming unhealthy localities;\n(b) taking of census and registration of vital statistics;\n(c) making arrangements for the confinement of destruction of stray dogs;\n(d) securing, or assisting the securing of, suitable places for the carrying on of any dangerous or offensive trade or manufacture;\n(e) establishing and managing ponds and performing such functions and of the State Government and the Magistrate of the District as may be transferred to the Municipality under section 31 of the cattle Trepass Act, 1871.\n(f) holding fairs and exhibitions, and arranging entertainments functions and public receptions, with the previous approval of the Administrator; and\n(g) adopting any measure, other than a measure specified in section 42 or in this sub-section likely to promote the public safety health of convenience.",
"footnote": "",
"is_definition": false,
"sort_order": 1770
},
{
"number": "45",
"title": "Section 45(2)",
"chapter": null,
"content": "(2) A Municipality may, with the previous approval of the Administrator, make provisions for the extension beyond the limit of the Municipal area of the benefits of the Municipal undertaking.",
"footnote": "",
"is_definition": false,
"sort_order": 1780
},
{
"number": "45",
"title": "Section 45(3)",
"chapter": null,
"content": "(3) A Municipality may also make provision within or beyond the limits of the Municipal area for the doing of anything wheron expenditure is declared by Municipality with the sanction of the Administrator or by the Administrator or by the Municipality with the sanction of the Administrator, to be an appropriate charge on the Municipal Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 1790
},
{
"number": "46",
"title": "Section 46(1)",
"chapter": null,
"content": "46.(1) Municipality may, subject to the provisions of section 63 by bye-law, empower a sub-committee of the Chairperson, any member or the Secretary of the Municipality to exercise and perform subject to such conditions, restrictions and limitations as may be imposed by the Municipality all or any of the powers and duties conferred or imposed on the Municipality by any of the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1800
},
{
"number": "46",
"title": "Section 46(2)",
"chapter": null,
"content": "(2) Any bye-law made under sub-section (1) may provide that any order passed in the exercise of the powers or performance of the duties so delegated shall, within such time as may be therein precribed, be subject to appeal to, or revision by, the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1810
},
{
"number": "47",
"title": "Section 47",
"chapter": null,
"content": "47. it shall be the duty of the Chairperson of a Municipality, -\n(a) unless prevented by reasonable cause, to convence and preside at all meetings of the Municipality and to control in accordance with the bye-laws made in this behalf, the transaction of business threat;\n(b) subject to the provisions of this Regulation, Chairperson shall have general powers of inspection and may give direction to the Secretary with regard to the implementation of any resolution of the Municipality or a Sub-Committee in the discharge of any obligatory and discretionary functions of the Municipality and the Secretary shall comply with such directions. The Chairperson may call any record of the Municipality from the Secretary and the same shall be made available to him and shal be returned by him within fifteen days from the date they are made available;\n(c) the chairperson shall not be eligible to be elected as chairperson of any sub-committee;\n(d) if the chairperson is at the time of his election as chair-person, the chairperson or an elected member of a sub-commitee he shall cease to hold office as such chairperson or member of such committee..;\n(e) if any vancancy occurs in the office the chairperson of any sub-committee, the Chairperson shall convent a meeting of such sub-committee for the election of another chairperson.\n(f) to perform such other duties as are required for or may be imposed upon him by or under this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1820
},
{
"number": "48",
"title": "Section 48(1)",
"chapter": null,
"content": "48. (1) it shall be the duty of the Vice Chairperson present:-\n(a) to perform, during the continuous absence of the Chairperson from the city for more than eight days, or in incapacitated for more than eight days or during a vacancy in the office of Chairperson, the duties of the Chairperson described in section 45; and\n(b) to perform such other duties as are required of or may be imposed upon him by or under this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1830
},
{
"number": "48",
"title": "Section 48(2)",
"chapter": null,
"content": "(2) A Vice Chairperson performing of the duties of the Chairpeson in the circumstances stated in clause (a) of sub-section (1) shall have all the powers conferred on the Chairperson by or under this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1840
},
{
"number": "49",
"title": "Section 49(1)",
"chapter": null,
"content": "49.(1) In case of emergency, the Chairperson of a Muncipality may direct th execution of any work of the doing of any act which the municipality is empowered to execute or do: and the immediate execution or doing of which is,in his opinion, necessary for the preservation of the valuable property or for the safety of the public, and may also direct that the expense of executing such work or doing such act shall be paid from the Municipal Fund.\n\nProvided that every direction given under this section shall be reported to the Muncipality as its next following meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 1850
},
{
"number": "49",
"title": "Section 49(2)",
"chapter": null,
"content": "(2) The Chairperson shall not act under this section in contravention of any express order of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1860
},
{
"number": "49",
"title": "Section 49(3)",
"chapter": null,
"content": "(3) The Chairperson may, prohibit, until the matter has been considered by the Municipality, the doing of any act Which is, in his opinion, undesirable in the public interest, provided that the act is one Which the municipality has power to prohibit.",
"footnote": "",
"is_definition": false,
"sort_order": 1870
},
{
"number": "49",
"title": "Section 49(4)",
"chapter": null,
"content": "(4) No direction given under this section shall be questioned in any court on the ground that the case was not one of emergency.",
"footnote": "",
"is_definition": false,
"sort_order": 1880
},
{
"number": "50",
"title": "Section 50(1)",
"chapter": null,
"content": "50.(1) The sub-committee for taxation and finance shall deal with all matter relating to finance, taxation, accounts and audit and all other matters not specifically assigned to the sub-committee for public health or the sub-committee for works Which are required to be dealt with by or under this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1890
},
{
"number": "50",
"title": "Section 50(2)",
"chapter": null,
"content": "(2) The standing committee for public health shall deal with all matters relating to public health and sanitation. The sub-committee for works shall deal with all matter relating to public works, town planning and improvement.",
"footnote": "",
"is_definition": false,
"sort_order": 1900
},
{
"number": "50",
"title": "Section 50(3)",
"chapter": null,
"content": "3) The Muncipality shall by bye-laws framed for the purpose, determine the powers and duties of each sub-committee, not specially.provided for in this Regulation and may, by bye-laws. provide for a conference of two or more sub-committees or for the appointment out of such committee of a joint committee for any purpose in respect of which they may be jointly interested.",
"footnote": "",
"is_definition": false,
"sort_order": 1910
},
{
"number": "50",
"title": "Section 50(4)",
"chapter": null,
"content": "4) The sub-committee for taxation and finance, in addititon to the powers and duties assigned to it under the bye-laws-\n(a) shall supervise the utilisation of the budget grants;\n(b) shall have assist to the accounts of the Municipality, and may require the Secretary to furnish any clarification which it considers to be necessary as to the receipts and expenditures of the Municipal Fund;\n(c) may conduct a monthly audit of the Municipal accounts and shall be bound to check the monthly abstract of receipts and disbursements for the preceding months ag furnished by the Secretary;\n(d) may. subject to the approval of the Municipality. write of the amount of any loss, or depreciation caused to the Municipality property which appears to the committee to be irrecoverable;\n\nProvided that where the amount of any such loss or depreciation exceeds rupees one thousand, ot shall not be written off except with the previous sanction of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 1920
},
{
"number": "50",
"title": "Section 50(5)",
"chapter": null,
"content": "(5) The Municipality shall sanction such staff as may reasonably be required by the sub-committeess to their respective discharge function.",
"footnote": "",
"is_definition": false,
"sort_order": 1930
},
{
"number": "51",
"title": "Section 51(1)",
"chapter": null,
"content": "51.(1) Wherever it is provided by the Regulation or any other law for the time been in force that the Secretary may take action subject to the approval, sanction, consent or concurrence of a sub-committee, the sub-committee may, by resolution in writing, authorise him to action in anticipation of its approval, sanction, consent or concurrence subject to such condition, if any as may be specified in such resolution.",
"footnote": "",
"is_definition": false,
"sort_order": 1940
},
{
"number": "51",
"title": "Section 51(2)",
"chapter": null,
"content": "(2) Whenever the Secretary. In pursuance of such resolution, takes any action in anticipation if the approval, sanction, consent or concurrence of a sub-committee, he shall forthwith inform the committee of the action so taken.",
"footnote": "",
"is_definition": false,
"sort_order": 1950
},
{
"number": "52",
"title": "Section 52(1)",
"chapter": null,
"content": "52.(1) Subject, whenever it is in this Regulation Expressly so directed, to the approval or sanction of the Municipality or the sub committee consent and subject also to all other restriction, limitation and condition imposed by this Regulation or by any other law for the time being in force, the executive power for the purpose of carring out the provisions of this Regulation and of any other law for the time being in force which imposes any duty or confers any power on the Municipality shall vest in the Secretary, who shall also\n(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by or under this Regulation or by any other law for the time being in force;\n(b) in any emergency take such immediate action for the service or safety of the public or the protection of property of the Municipality as the emergency shall appear to him to justify or to require, notwithstanding that such action cannot be taken under this Regulation without the sanction, approval or authority of some other municipal authority or of the Administration:\n\nProvided that the Secretary shall report forthwith to the sub-committee concerned and to the Municipality the action he has taken and the reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant under the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 1960
},
{
"number": "52",
"title": "Section 52(2)",
"chapter": null,
"content": "(2) Any powers, duties and functions conferred or imposed upon or vested in the Municipality by any other law for the time being in force shall subject to the Provisions of such law, be exercised performed or discharged by the Secretary.",
"footnote": "",
"is_definition": false,
"sort_order": 1970
},
{
"number": "52",
"title": "Section 52(3)",
"chapter": null,
"content": "(3) All correspondence relating to any matter dealt with, by or under this Regulation or Under any other law between the Municipality and the Government or other authority shall be conducted by the Secretary and the Secretary shall send copies of such correspondence to the Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 1980
},
{
"number": "53",
"title": "Section 53",
"chapter": null,
"content": "53. Subject to the rules made under the Regulation, the Secretary may delegate to any officer of the Municipality supordinate to him. any of his powers other than the powers under clause (1) of sub-section (1) of section 52.",
"footnote": "",
"is_definition": false,
"sort_order": 1990
},
{
"number": "54",
"title": "Section 54",
"chapter": null,
"content": "54. The Secretary shall be reponsible for the custody of all records of the Municipality including all papers and documents connected with the proceedings of the Municipality sub-committee and other committees.",
"footnote": "",
"is_definition": false,
"sort_order": 2000
},
{
"number": "55",
"title": "Section 55(1)",
"chapter": null,
"content": "55.(1) Every Municipality shall meet for the transaction of business atleast once in every month at such time as may fixed by the bye-laws.",
"footnote": "",
"is_definition": false,
"sort_order": 2010
},
{
"number": "55",
"title": "Section 55(2)",
"chapter": null,
"content": "(2) The Chairperson, may, whenever he thinks fit, and shall, on a requisition made in writing in this behalf by not less than one-fifth of the members, convene, an ordinary or a special meeting as any other time.",
"footnote": "",
"is_definition": false,
"sort_order": 2020
},
{
"number": "55",
"title": "Section 55(3)",
"chapter": null,
"content": "(3) Every meeting of Municipality shall be either ordinary or special.",
"footnote": "",
"is_definition": false,
"sort_order": 2030
},
{
"number": "55",
"title": "Section 55(4)",
"chapter": null,
"content": "(4) Any business of the Municipality may be transacted at an ordinary meeting unless required by this Regulation or the rules made thereunder to be transacted at a special meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 2040
},
{
"number": "56",
"title": "Section 56(1)",
"chapter": null,
"content": "56.(1) The quorum necessary for the transaction of business at a special meeting of Municipality shall be one-half of the number of elected members serving for the time being, but shall not be less than three.",
"footnote": "",
"is_definition": false,
"sort_order": 2050
},
{
"number": "56",
"title": "Section 56(2)",
"chapter": null,
"content": "(2) The quorum necessary for the transaction of business at an ordinary meeting of Municipality shall be one-third of the number of members serving for the time being, but shall not be less than three.",
"footnote": "",
"is_definition": false,
"sort_order": 2060
},
{
"number": "56",
"title": "Section 56(3)",
"chapter": null,
"content": "(3) at any cadinary or special meeting a quorum is not present the Chairperson shall adjourn the meeting to such other day as he may think fit, and that the business which would have been brought before the original meeting if there had been a quorum present, shall be brought before, and transacted at the adjourn meeting whether there be a quorum present thereat or not.",
"footnote": "",
"is_definition": false,
"sort_order": 2070
},
{
"number": "57",
"title": "Section 57(1)",
"chapter": null,
"content": "57.(1) At every meeting of a Municipality, the Chairperson, if present, shall preside.",
"footnote": "",
"is_definition": false,
"sort_order": 2080
},
{
"number": "57",
"title": "Section 57(2)",
"chapter": null,
"content": "(2) If the Chairperson is not present, his place shall be taken by the Vice-Chairperson and if there be two Vice-Chairperson then the senior Vice-Chairperson and if he too is absent by the junior Vice-Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 2090
},
{
"number": "57",
"title": "Section 57(3)",
"chapter": null,
"content": "(3) If there be no Chairperson or Vice-Chairperson present such one of members as the members present may elect. shall preside as Chairperson.",
"footnote": "",
"is_definition": false,
"sort_order": 2100
},
{
"number": "58",
"title": "Section 58",
"chapter": null,
"content": "58. Save as otherwise provided by this Regulation or any rule, all questions which come at meeting of the Municiaplity, shall be decided by a majority of the votes of the members present, the Chairperson of the meeting, in case of an equality of votes, having a second or casting votes.",
"footnote": "",
"is_definition": false,
"sort_order": 2110
},
{
"number": "59",
"title": "Section 59",
"chapter": null,
"content": "59. Any meeting of a Municipality may, with the consent of a majority of the members present thereat, be adjourned to some other time and business left undisposed of at such meeting shall be carried over with priority to the adjourned meeting.",
"footnote": "",
"is_definition": false,
"sort_order": 2120
},
{
"number": "60",
"title": "Section 60",
"chapter": null,
"content": "60. No resolution of a Municipality shall be modified or cancelled within six months after the passing thereof\n(a) unless previous notice has been given to the members setting forthfully the resolution it is proposed to modify or cancelled and the motion or proposation for its modification or cancellation; and\n(b) otherwise than by a resolution supported by not less than one-half of the total number of members serving at the time.",
"footnote": "",
"is_definition": false,
"sort_order": 2130
},
{
"number": "61",
"title": "Section 61(1)",
"chapter": null,
"content": "61.(1) Minutes of the proceedings at each meeting of the Municipality shall be drawn up and recorded in a book to be kept for the purpose shall be signed by the Chairperson of the meeting or of the next ensuing meeting, shall be published in such manner as the Administrator may direct, and shall, at all reasonable times and without charge, be open to inspection by any inhabitant of the Municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 2140
},
{
"number": "61",
"title": "Section 61(2)",
"chapter": null,
"content": "(2) A copy of every resolution passed at any meeting of a Municipality shall, within ten days from the date of the meeting, be forwarded to the Deputy Commissioner.",
"footnote": "",
"is_definition": false,
"sort_order": 2150
},
{
"number": "62",
"title": "Section 62",
"chapter": null,
"content": "62. A Municipality may make bye-laws consistance with this Regulation and with the rules made thereunder to provide for all or any of the following matter, namely\n(a) the time and place of its meeting;\n(b) the manner in which notice of ordinary and special meetings and adjourned meeting shall be given;\n(c) the conduct of proceedings of meetings and adjournment of meetings;\n(d) the custody of the common seal and the purposes for which it shall be used;\n(e) the procedure of sub-committees appointed under section 18 the filling of casual vacancies therein, the number necessary to form a quorum at meetings thereof, and other matters relating to such committees.\n(f) the person by whom receipts may be granted on behalf of the Municipality for money received under this Regulation.\n(g) the appointment, duties, executive powers, leave, suspension and removal of its officers and servants; and\n(h) all other simmilar natters.",
"footnote": "",
"is_definition": false,
"sort_order": 2160
},
{
"number": "63",
"title": "Section 63(1)",
"chapter": null,
"content": "63.(1) A Municipality may, subject to the provisions of this Regulation, delegate to one or more of its members or to the Secretary of the Municipality the power of entering on its behalf into any particular contract whereof the value or amount does not exceed two hundred rupeee or into any class of such contracts.",
"footnote": "",
"is_definition": false,
"sort_order": 2170
},
{
"number": "63",
"title": "Section 63(2)",
"chapter": null,
"content": "(2) No contract by or on behalf of a Municipality whereof the value or amount exceeds two hundred rupees, shall be entered into until it has been sanctioned at a meeting of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2180
},
{
"number": "64",
"title": "Section 64(1)",
"chapter": null,
"content": "64. (1) Every contract made by or on behalf of a Municipality whereof the value of amount exceed one hundred rupees shall be in writing and shail be signed by two members, of whom the Chairperson or a Vice-Chairperson shall be one and countersigned by the Secretary:\n\nProvided that when the powers of entering into any contract on behalf the Municipality has been delegated under section 63, the signature or signatures of the members or members (or the signature of the Secretary) to whom the power has been delegated shell be sufficient.",
"footnote": "",
"is_definition": false,
"sort_order": 2190
},
{
"number": "64",
"title": "Section 64(2)",
"chapter": null,
"content": "(2) Every transfer of immovable property belonging to a Municipality other than a lease for a term not exceeding one year shall be made by an instrument, in writing, executed by the Chairperson or a Vice-Chairperson and by atleast two members of the Municipality whose execution thereof shall be attested by the Secretary.",
"footnote": "",
"is_definition": false,
"sort_order": 2200
},
{
"number": "64",
"title": "Section 64(3)",
"chapter": null,
"content": "(3) No contract or transfer executed otherwise than in conformity with the provisions of this section shall be binding on a Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2210
},
{
"number": "65",
"title": "Section 65(1)",
"chapter": null,
"content": "65.(1) Every Municipality shall have prepared and laid before it, at a meeting to be held in every year before such date as is fixed by rules in this behalf, a complete account of the actual and expected receipts and expenditure for the year ending on the thirty first day of March next following such date, together with a budget estimate of the income and the expenditure of the Municiaplity for the year commencing on the first day of April next, following.",
"footnote": "",
"is_definition": false,
"sort_order": 2220
},
{
"number": "65",
"title": "Section 65(2)",
"chapter": null,
"content": "(2) The Municipality shall at such meeting decide upon the appropriations and the ways and means contained in the budget estimate and by special resolution, sanction a budget which shall be subbitted to the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 2230
},
{
"number": "65",
"title": "Section 65(3)",
"chapter": null,
"content": "(3) The Municipality may vary or alter from time to time as circumstances may render desirable, by special resolution, the budget sanctioned under sub-section (2).",
"footnote": "",
"is_definition": false,
"sort_order": 2240
},
{
"number": "66",
"title": "Section 66",
"chapter": null,
"content": "66. As soon as may be after the first day of October, a revised budget for the year shall be framed and such revised budget shall so far as may be subject to all the provisions applicable to a budget made under section 65.",
"footnote": "",
"is_definition": false,
"sort_order": 2250
},
{
"number": "67",
"title": "Section 67(1)",
"chapter": null,
"content": "67.(1) In framing a budget the Municipality shall provide for the maintenace of such minimum closing balance (if any) as the Administrator may by order in writing prescribe.",
"footnote": "",
"is_definition": false,
"sort_order": 2260
},
{
"number": "67",
"title": "Section 67(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in this Regulation the budget of the Municipality shall be subject to the sanction of the Administrator and that the power to vary or to alter the budget under sub-section (3) of section 65 shall be subject to such conditions as may be imposed by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 2270
},
{
"number": "68",
"title": "Section 68(1)",
"chapter": null,
"content": "68.(1) Where a budget has been passed, the Municipality shall not incur any expenditure under any of the heads of the budget, other than a head providing for the refund of taxes, in excess of the amount passed under that head, without making provision for such excess by the variation of alteration of the budget.",
"footnote": "",
"is_definition": false,
"sort_order": 2280
},
{
"number": "68",
"title": "Section 68(2)",
"chapter": null,
"content": "(2) Where any expenditure under any head providing for the refund of taxes is incurred in excess of the amount passed under that head, provision shall be made without delay for such expenditure by the variation or alteration of the budget.",
"footnote": "",
"is_definition": false,
"sort_order": 2290
},
{
"number": "69",
"title": "Section 69(1)",
"chapter": null,
"content": "69.(1) There shall be formed for each Municipality a fund to be called the Municipal Fund, and there shall be placed to the credit thereof.\n(a) the proceeds of all taxes, fines (other than the fines imposed by a court), penalties and fees levied under this Regulation;\n(b) all sums received by, or on behalf of, the Municipality under this Regulation;\n(c) all sums transfered or carried to the credit of the Municipality under any of the provisions of the Regulations or any other law for the time being in force;\n(d) all rents and profits, accruing from property vested in the Municipality or managed by it; and\n(e) all sums assigned to the Fund by the Administrator or by any other authority and all sums contributed thereto by any coommittee, authority or private person.",
"footnote": "",
"is_definition": false,
"sort_order": 2300
},
{
"number": "69",
"title": "Section 69(2)",
"chapter": null,
"content": "(2) The Municipal Fund shall vest in Municipality, and the balance at its credit shall be kept in the State Bank of India, or with the previous sanction of the Administrator in any Scheduled bank has defined in the Reserve Bank of India Act, 1934;\n\nProvided that any portion of such balance may, with the previous sanction of the Administrator be kept in the Post Office Saving Bank or be invested in such Government Securities as may be approved by the Administrator;\n\nProvided further that such sum, not exceeding an amount specified in this behalf by the Administrator as is required for day to day expenses of a Municipality may be kept by the Municipality at the Municipal office in safe custody.",
"footnote": "",
"is_definition": false,
"sort_order": 2310
},
{
"number": "70",
"title": "Section 70",
"chapter": null,
"content": "70. The Central Government may, by notification declared that all fines and any other sums recovered from person convicted of offences committed within the municipal area against this Regulation or any rule of bye-laws made thereunder, or against any other law for the time being in force, shall be carried to the credit of the Municipality of that area.",
"footnote": "",
"is_definition": false,
"sort_order": 2320
},
{
"number": "71",
"title": "Section 71(1)",
"chapter": null,
"content": "71.(1) The Municipal Fund shall be charged with the payment of expences on\n(i) fulfilment of any liability or obligation arising from trusts legally imposed upon on accepted by the Municipality;\n(ii) the municipal establishment including such subscriptions and contributions as are payable by the Municipality under this Regulation and the rules made thereunder,\n(iii) auditing the accounts of the Municipality;\n(iv) such other matters as may be specified by the Administrator from time to time.",
"footnote": "",
"is_definition": false,
"sort_order": 2330
},
{
"number": "71",
"title": "Section 71(2)",
"chapter": null,
"content": "(2). Subject to the charges specified in sub-section (1) and to such rules as may be made by the Administrator with respect to the priority to be given to the several duties of the Municipality, the Municipal fund shall be applicable to the payment of expenses incurred for the purpose of any object or duty which is to be or may be undertaken by the Municipality in accordance will the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 2340
},
{
"number": "72",
"title": "Section 72",
"chapter": null,
"content": "72.(1) The Finance Commission constitued undersection 186 of the Andaman and Nicobar Islands (Panchayats) Regulation 1994, shall review the financial position of the Municipalities and make recomendations to the President as to,\n(a) the principles which should govern,\n(i) the determination of taxes, duties, tolls and fees which may assigned to or appropriated by the Municipalities;\n(ii) the grants-in-aids to the Municipalities from the consolidated Fund of India;\n(b) the measures needed to improve the financial positins of the Municipalities;\n(c) any other matter referred to the Finance Commission by the President in the interest of sound finances of the Municipalities.",
"footnote": "",
"is_definition": false,
"sort_order": 2350
},
{
"number": "73",
"title": "Section 73(1)",
"chapter": null,
"content": "73.(1) Subject to the provisions of this Regulation, any or rule or bye-law made thereunder, every Municipality shall keep and maintain a detailed account of its receipts and expenditure.",
"footnote": "",
"is_definition": false,
"sort_order": 2360
},
{
"number": "73",
"title": "Section 73(2)",
"chapter": null,
"content": "(2) The accounts of receipts and expenditure kept and maintained by a Municipality shall be examined and audited in such manner the Administrator by rules prescribed in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 2370
},
{
"number": "74",
"title": "Section 74(1)",
"chapter": null,
"content": "74.(1) Subject to any special reservation made; or to any special any conditions imposed, by the Administrator, all property of the nature hereafter in this section, specified and situated within, or, where expressly so provided beyond any municipal area, shall vest in and be under the control of the Municipality and shall be held and applied by it for the purposes of this Regulation, that is to say\n(a) all public markets, slaughter-houses and other buildings of every description (whether within or beyond the municipal area) which have been constructed or are maintained out of the Municipal Fund.\n(b) all public streams, tanks, well, springs and works, (whether within or beyond the Municipal area) for the supply storage or distribution of water for public purposes within the Municipal area, and all bridges, building, engines, materials and things connected their with or appertaining thereto and any adjacent land (not being private property) appertaining to any public tank or well,\n(c) all pubic sewers and drains, and all sewers, drains culverts and water courses in alongside, or under any street and all works materials and things appertaining thereto\n(d) all dust, dirt, dung, ashes, refuse, animal matter or filth or rubbish of any kind or dead bodies of animals, collected by the Municipality from the streets, houses, privies, sewers, cesspools or elsewhere or deposited in places fixed by the Municipality under this Regulation;\n(e) all public lamps, lamp posts and apparatus connected theirwith or appertaining thereto;\n(f) all land or other property, within beyond the municipal area, transferred to the Municipality by the Central Government or acquired by gift, purchase, or otherwise for local Public purposes; and\n(g) all public streets (other than major roads) not being open spaces or lands owned by Government and the pavements stones and other materials thereof and also all trees erections, materials, implements and things provided for such streets.",
"footnote": "",
"is_definition": false,
"sort_order": 2380
},
{
"number": "74",
"title": "Section 74(2)",
"chapter": null,
"content": "(2). Where any immovable property is transferred otherwise than by sale by the Central Government to a Municipality for public purposes, it shall be deemed to be a condition of such transfer unless specially provided to the contrary, that should the property be at any time resumed by or under the authority of the Central Government, the compensation payable therefor shall, notwithstanding anything to the contrary in any law for the time being in force, in no case exceed the amount, if any, paid to the Central Government for the transfer, together with the cost or the present value, whichever is less, of any buildings erected or other works executed on the land by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2390
},
{
"number": "75",
"title": "Section 75(1)",
"chapter": null,
"content": "75.(1) The management, control and administration of every public Institution maintained out of Municipal Fund vent in the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2400
},
{
"number": "75",
"title": "Section 75(2)",
"chapter": null,
"content": "(2) When any public institution has been placed under the direction, managument and control of a Municipality all property, endowments and funds belonging thereto shall be held by the Municipality in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed:\n\nProvided that the extent of the independent authority of the municipality in respect of any such institution may be defined by the Administrator;\n\nProvided further that nothing in this section shall be held to prevent the vesting of any trust-property in the Treasurer of Charitable Endowments under the Charitable Endowments Act, 1890.",
"footnote": "",
"is_definition": false,
"sort_order": 2410
},
{
"number": "76",
"title": "Section 76",
"chapter": null,
"content": "76. When eny land, whether within or without the limits of a municipal area is required for the purposes of this Regulation, the Administrator may, at the request of the Municipality, take suitable steps under the provision of any law for the time being in force, to make such land available to the Municipality and on payment by the Municipality of all such changes as may be determined by the Administrator the land shall vest in the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2420
},
{
"number": "244",
"title": "Explanation",
"chapter": null,
"content": "EXPLANATION: When any lands required for a new street or for the improvement of an existing street, the Municipality may request for, in addition to the land to be occupied by the street, the and necessary for the sites of the buildings to be errected on both sides of the street, and such land shall be deemed to be required for the purposes of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 2430
},
{
"number": "77",
"title": "Section 77(1)",
"chapter": null,
"content": "77.(1) A Municipality may, subject to rules made in this behalf by the Administrator, transfer by sale, mortgage, lease, gift, exchange or otherwise any property vested in it, not being property held by it on any trust the terms of which are inconsistent with the right so to transfer.",
"footnote": "",
"is_definition": false,
"sort_order": 2440
},
{
"number": "77",
"title": "Section 77(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in sub-section (1) a Municipality may, with the sanction of the Administrator, transfer to Government any property vesting in the Municipality under section 74 or section 75 but not so as to affect any trust or public rights subjects to which the property is held.",
"footnote": "",
"is_definition": false,
"sort_order": 2450
},
{
"number": "78",
"title": "Section 78",
"chapter": null,
"content": "78. Nothing in this Regulation shall affect the provisions of the local Authorities Loans Act, 1914.",
"footnote": "",
"is_definition": false,
"sort_order": 2460
},
{
"number": "79",
"title": "Section 79",
"chapter": null,
"content": "79. For the Purposes of this Regulation \"annual value\" means-\n(a) in the case of land the gross annual rent at which it may reasonably be expected to left from year to year:\n\nProvided that in the case of land assessted to land-revenue or of which the land-revenue has been wholly or in part exempted or remitted the Administrator may direct that the annual value shall be deemed to be double the amount of the land-revenue for the time being assessed on the land, whether such assessment is leviable or not, or, when the land-revenue has been wholly or in the part exempted or remitted, double the amount which, but for such exemption or remision, would have been leviable;\n\n(b) in the case of any house or building the gross annual rent at which such house or building, together with its appurtenances and any furniture that may be let for use or enjoyment therewith, may reasonably be expected to left from year to year the subject to the following deductions, namely:-\n(i) such deduction not exceeding twenty per centum of the gross annual rent the Municipality may consider a reasonable allowances on account of the furniture let with the house or building;\n(ii) a deduction of ten per centum of the balance of the gross annual rent after allowing the deduction (if any), under sub-clause (1) for cost of repairs and for all other expenses necessary to maintain the building in State to command such gross annual rent;\n(iii) where land is let with a building, such deduction, not exceeding twenty per centum of the gross annual rent, as the Municipality may consider reasonable on account of the actual expenditure, (if any) annually incurred by the owner on the upkeep of the land in a State to command such gross annual rent;\n\n(c) in the case of any house building the gross annual rent of which cannot be determined under clause (b) five per centun of the sum obtained by adding the estimated present cost of erecting the building less such amount as the Municipality may deem reasonable to be deducted on account of depresation (if any) to the estimated market value of the site and any land appertaining to the house of building;\n\nProvided that -\n(i) in the calculation of the annual value of any premises, no account shall be taken of any machinery theron and\n(ii) where, in the opinion of the Municipality, the annual value of any building would by reason of exceptional circumstances be excessive, if calculated accordance with the foregoing pro provisions of this section, the Municipality may fix the annual value as such less amount as appears to it equitable.",
"footnote": "",
"is_definition": false,
"sort_order": 2470
},
{
"number": "249",
"title": "Explanation 1",
"chapter": null,
"content": "Explanation 1. For the purpose of clause(b).it is immaterial Whether the house or building,and the furniture and the land let for use or joyment therewith, are let by the same contractor by different contracts and, if by different contract, whether such contracts are made simultaneously or at different times.",
"footnote": "",
"is_definition": false,
"sort_order": 2480
},
{
"number": "250",
"title": "Explanation 2",
"chapter": null,
"content": "Explanation II. The expression \"gross annual rent\"does not include any tax payable by the owner in respect of which the owner and tenant have agreed that it shall be paid by the tenant.",
"footnote": "",
"is_definition": false,
"sort_order": 2490
},
{
"number": "80",
"title": "Section 80(1)",
"chapter": null,
"content": "80.(1) Subject to such general or special orders as the Administrator may make, a Municipality may in the manner provided by this Regulation impose any of the following taxes in the Whole or any part of the municipal area, namely:-\n(a) a tax on building or lands or both, payable by the owner, not exceeding, -\n(i) ten per centum of the annual value; or\n(ii) fifty paise per square metre of the ground area per annum; or\n(iii) rupees three per running foot of frontage in streets and bazaras per annum.\n(b) a tax on persons practising any profession or art, or carying on any trade or calling Within the Municipal area:\n\nProvided that the total amount of such tax payable by any one person, shall not exceed two hundred and fifty rupees per annum.\n\n(c) a tax, payable by the owner, on all or any class of vechicles, all or any class of animals or dogs, When the vehicles, animals or dogs, as the case may be are kept within the municipal area;\n(d) a tax of the nature of a toll on vehicles and animals used for riding, driving, draught or burden and entering the municipal area;\n\nProvided that--\n(i) no tax shall be levied in respect of any vehicle or animal for Which a tax is paid under clause (c);\n(ii) any Owner of such vehicle or animal may compound for the tax by paying the corresponding tax under clause (c) if such tax is in force in the municipal area,\n\n(e) an octroi or a terminal tax on animals or dogs or goods brought into or sent out of the municipal area:\n\nProvided that no tax under this clause shall be imposed accept with the previous sanction of the Administartor to the proposal for the imposition thereof;\n\n(f) a tax to meet the cost of constructing or maintaining works for supply of water to the municipal area payable by the occupier or, if there be no occupier, by the owner, on the annual value of such buildings or lands are as so situated that their occupiers can benefit by the works:\n\nProvided that the rate of tax payable by any such occupier of owner as the case may be, shall be determined having regards among other considerations, to the distance of the building or lands from the nearest point at which the water can be delivered from the works to their level;\n\nProvided further that no such tax shall be leviable in respect of building or lands which assessed to the general water-rate or the special water-rate as hereinafter provided;\n\n(g) a general water-rate payable by the inhabitants of the municipal area, or a special water-rate for water supplied by the Municipality under section 102 which may be assessed in any form including that of chargs for such supply:\n\nProvided that no such rate shall exceed that limit or limits prescribed by the Administrator from time to time;\n\n(h) a lighting rate not exceeding three per centum of the annual value of holding:\n\nProvided that such rate shall not be levied in an area where lighting arrangement have not been made;\n\n(i) rates for general conservancy or house scavenging on such scale terms and conditions as may be approved by the Administrator from time to time;\n(j) a tax on advertisement;\n(k) a fee for grant of permission to errect a building other than a hut;\n(l) a fee for parking of buses, lorries, taxis and other vehicles Where parking faclities or terminus for buses, lorries, taxis and other vehicles are provided by the municipality; and\n(m) any other tax which may be authorised by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 2500
},
{
"number": "80",
"title": "Section 80(2)",
"chapter": null,
"content": "(2) Notwithstanding anything contained in this Regulation or any other law for the time being in force, the property belonging to government, shall be exempt from all taxes mentioned in clauses (a), (c), (d), (e), (f), and (h) of sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 2510
},
{
"number": "80",
"title": "Section 80(3)",
"chapter": null,
"content": "(3) Notwithstanding anything contained in this Regulation, all taxes, rates, fees, or cesses which were being lawfully levied before the commencement of this Regulation shall until some other provision is made under this Regulation, continue to be levied and collected in the same manner in which they were being levied and collected before such commencement.",
"footnote": "",
"is_definition": false,
"sort_order": 2520
},
{
"number": "81",
"title": "Section 81(1)",
"chapter": null,
"content": "81.(1) Every Municipality shall, before imposing any tax, observe the procedure prescribed in this section.",
"footnote": "",
"is_definition": false,
"sort_order": 2530
},
{
"number": "81",
"title": "Section 81(2)",
"chapter": null,
"content": "(2) The Municipality shall, by a resolution passed at a special meeting frame a proposal specifying the following particulars, namely:-\n(a) the nature of the tax having reward to the provisions of section 80;\n(b) the persons or class of persons on Whom, and the description of property or other things or the circumstances in respect of Which, the tax is proposed to be levied; and\n(c) the amount or scale of the tax;\n(d) the rules regulating the levy of the tax; and\n(e) any other matter Which the Administrator may by general or special order, require to be specified.",
"footnote": "",
"is_definition": false,
"sort_order": 2540
},
{
"number": "81",
"title": "Section 81(3)",
"chapter": null,
"content": "(3) The Municipality shall publish the proposals in such manner as may be prescribed by the Administrator and shall also publish a notice inviting the objections and suggestions in writing of the persons likely to be affected by such proposals, Within a period of not less than one month of the date of such publication.",
"footnote": "",
"is_definition": false,
"sort_order": 2550
},
{
"number": "81",
"title": "Section 81(4)",
"chapter": null,
"content": "(4) After the expiry of the period refferd to in sub-section (3), the Municipality shall at a special meeting, take into consideration the objections and suggestions of the aforesaid persons recived (if any) and shall then either confirm its resolution referred to in sub-section (2) with or Without modification, amendment or alterations, or abandon such resolution.",
"footnote": "",
"is_definition": false,
"sort_order": 2560
},
{
"number": "81",
"title": "Section 81(5)",
"chapter": null,
"content": "(5) When a resolution has been confirmed by the Municipality under sub-section (4), it shall be presented to the Administrator who may\n(a) give his approval to the resolution after making any change its form which appears to him to be necessary; or\n(b) refuse to give his approval to the resolution; or\n(c) return the resolution to the Municipality for reconsideration in the light of such suggestions as may be made by him.",
"footnote": "",
"is_definition": false,
"sort_order": 2570
},
{
"number": "81",
"title": "Section 81(6)",
"chapter": null,
"content": "(6) If the Administrator gives his approval to his resolution, he shall notify the resolution together with any rules which he may make under section 203 in respect of the tax and shall also specify a date, not earlier than three months from the date of such notification, from which the tax shall come into force and be levied:\n\nProvided that a tax leviable by the year shall not, come into force except on the first day of January, April, July or October in any year; and if it comes into force on any day other than the first day of April, it shall be leviable by the quarter till the first day of April then next ensuing.",
"footnote": "",
"is_definition": false,
"sort_order": 2580
},
{
"number": "81",
"title": "Section 81(7)",
"chapter": null,
"content": "(7) When the Administrator refuses to give his approval to a resolution, it shall be returned to the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2590
},
{
"number": "81",
"title": "Section 81(8)",
"chapter": null,
"content": "(8) When the Administrator returns a resolution to the Municipality, the Municipality may either abandon such resolution or may, after reconsideration, amend, alter or vary such resolution; and the resolution so amended, altered or varied shall be presented to the Administrator and be disposed of by him in the manner provided in sub-section (5)",
"footnote": "",
"is_definition": false,
"sort_order": 2600
},
{
"number": "81",
"title": "Section 81(9)",
"chapter": null,
"content": "(9) The procedure prescribed in this section shall apply to any proposal to increase or decrease the amount of, to extend or curtail the scope or effect of any tax.",
"footnote": "",
"is_definition": false,
"sort_order": 2610
},
{
"number": "81",
"title": "Section 81(10)",
"chapter": null,
"content": "(10) A notification under sub-section (6) in respect of a tax shall be conclusive evidence that such tax has been imposed in accordance with the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 2620
},
{
"number": "82",
"title": "Section 82",
"chapter": null,
"content": "82. Notwithstanding anything contained in this Regulation, if at any time it appears to the Administrator on a complaint that any tax imposed under this Regulation is unfair in its incidence or that the levy thereof or of any part thereof is injurious to the interest of the general public, he may require the Municipality to take within a specified period, measures to remove the objection indicated by him; and, if within that period, the requirement is not complied with to the satisfaction of the Administrator, he may, by notification suspend the levy of such tax, or of such part thereof, as the case may be, until the objection has been removed.",
"footnote": "",
"is_definition": false,
"sort_order": 2630
},
{
"number": "83",
"title": "Section 83(1)",
"chapter": null,
"content": "83.(1) Every Municipality shall cause an assessment list of all buildings and lands on which any tax is imposed to be prepared, containing -\n(a) the name of the street or muhalla in which the property is situated;\n(b) a description of the property sufficent for the identification thereof;\n(c) the names of the owner and occupier if known;\n(d) the annual value and the particulars on which the annual value is based; and\n(e) the amount of the tax assessed thereon by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2640
},
{
"number": "83",
"title": "Section 83(2)",
"chapter": null,
"content": "(2) When the assessment list has been compeleted the Munciaplity shall give public notice thereof, and of the places where the list of a copy thereof may be inspected; and every person claiming to be either the owner or the occupier of the property included in the list, and any authorised agent of such person small be at liberty to inspect the list and to make extracts therefrom without charge.",
"footnote": "",
"is_definition": false,
"sort_order": 2650
},
{
"number": "84",
"title": "Section 84(1)",
"chapter": null,
"content": "84.(1) The Municipality shall, at the time of the publication of the assessment list, give public notice of a time, not less than one month thereafter, when it will proceed to revise the valuation and assessment and in all cases in which any immovable property is for the first time assessed, or the assessment thereof is increased, it shall also give notice thereof to the owner or the occupier of the property.",
"footnote": "",
"is_definition": false,
"sort_order": 2660
},
{
"number": "84",
"title": "Section 84(2)",
"chapter": null,
"content": "(2) Every objection to a valuation or assessment shall be in writing setting forth the grounds on which the valuation or assessment is disputed and shall be left at the office of the Municipality before the time fixed in the note.",
"footnote": "",
"is_definition": false,
"sort_order": 2670
},
{
"number": "84",
"title": "Section 84(3)",
"chapter": null,
"content": "(3) The Municipality, or such sub-committee or officer of the Municipality or of Govt. as it may by special resolution appoint in this behalf, shall consider every objection duly made and shall, after giving the objection an opprtunity of being heard in support thereof either in person or by duly authorised agent, disposed it of and make such consequential amendment (if any) as is necessary in the assessment list.",
"footnote": "",
"is_definition": false,
"sort_order": 2680
},
{
"number": "85",
"title": "Section 85(1)",
"chapter": null,
"content": "85.(1) When the Municipality or the sub-committee or the officer appointed in that behalf under sub-section (3) of section 84 has disposed of the objections and made the necessary amendments in the assessment list in the manner prescribed in that sub-section, the Chairperson or the members of the sub-committee or the officer as aforesaid, as the case may be, shall authenticate it and at the same time certify that no valid objection has been made to the valuation and assessment contained in the list except in the cases in which amendments have been entered therein and, subject to such amendments as may thereafter be duly made, the tax so assessed shall be deemed to be the tax for the year commencing on the first day of April next ensuing and, in the case of a tax imposed for the first time, for the period between the date on which the tax comes into force and such first day of April.",
"footnote": "",
"is_definition": false,
"sort_order": 2690
},
{
"number": "85",
"title": "Section 85(2)",
"chapter": null,
"content": "(2) The list when so authenticated shall be deposited in the office of the Municipality and shall there be open during office hours to all owners or occupiers of the property included therein on the authorised agents of such persons, and a public notice that it is so open shall forthwith be published.",
"footnote": "",
"is_definition": false,
"sort_order": 2700
},
{
"number": "86",
"title": "Section 86(1)",
"chapter": null,
"content": "86.(1) The Municipality may, after giving notice to any person affected by the amendment, of a time not less than one month from the date of service, at which the amendment is to be made, at any time amend the list by inserting the name of any person whose name ought to have been or ought to be inserted, or by inserting any property which ought to have been or ought to be inserted, or by altering the assessment on any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the Municipality or of the assessee or, where in the case of a tax payable by the occupier a change in the tenancy has taken place by altering the name of occupier.",
"footnote": "",
"is_definition": false,
"sort_order": 2710
},
{
"number": "86",
"title": "Section 86(2)",
"chapter": null,
"content": "(2) Any person interested in any such amendment may tender an objection to the Municipality in writing before the time fixed in the notice, and shall be allowed an apportunity of being heard in support of the same in person or by authorised agent, as he may think fit.",
"footnote": "",
"is_definition": false,
"sort_order": 2720
},
{
"number": "86",
"title": "Section 86(3)",
"chapter": null,
"content": "(3) It shall be in the discreation of the Municipality to prepare a new assessment list every year, or to adopt the valuation and assessment contain in the list for any year, with such alteration as may, in particular cases, be deemed necessary, as the valuation and assessment for the year following, giving to persons affected by such alteration the same notice of the valuation and assessment as if a new assessment as if a new assessment list had been prepared.",
"footnote": "",
"is_definition": false,
"sort_order": 2730
},
{
"number": "87",
"title": "Section 87(1)",
"chapter": null,
"content": "87.(1) Whenever the title to or over any building or land of any person primarily liable for the payment of property taxes on such property is transferred, the transfer shall within three month of the registration of the deed of transfer if it is registered, or if it is no not registered within three months of its execution, or if no instrument is executed within three months of the actual transfer, give notice in writing of such transfer to the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 2740
},
{
"number": "87",
"title": "Section 87(2)",
"chapter": null,
"content": "(2) Every person primarily liable for the payment of tax on any immovable property who transfers his title to or over such property within giving notice of such transfer to the Municipality as aforesaid, shall, in addition to any other liability which he occurs through such neglect, continue to be liable for the payment of all such taxes from time to time payable in respect of the said property until it gives such notice, or until the transfer shall have been recorded in the Muncipalities books.",
"footnote": "",
"is_definition": false,
"sort_order": 2750
},
{
"number": "87",
"title": "Section 87(3)",
"chapter": null,
"content": "(3) Nothing in this section shall be held to diminish the liability of the transferee for the said taxes or to affect the prior claim of the Municipality for the recovery of the taxes due on any immovable property.",
"footnote": "",
"is_definition": false,
"sort_order": 2760
},
{
"number": "88",
"title": "Section 88(1)",
"chapter": null,
"content": "88.(1) When any property assessed to a tax under clause (a), (g) or (i) sub-section (1) of section 80 which is payable by the year or by instalments, has remained unoccupied unproductive of rent throughout the year or the period in respect of which any instalment is payable the Municipality shall remit the amount of the tax or of the instalment, as the case may be:\n\nProvided that no such remission shall be granted unless notice in circumstances under which it is claimed has been given to the Municipality withen the first month after the expiry of the poriod in respect of it is so claimed.",
"footnote": "",
"is_definition": false,
"sort_order": 2770
},
{
"number": "88",
"title": "Section 88(2)",
"chapter": null,
"content": "(2) When any sich property as aforesaid\n(a) has not been occupied or productive of rent for any period of not less than ninety consecutive days; or\n(b) consists of separate tenements, one or more of which has or have not been occupier or productive of rent for any such period as aforesaid; or\n(c) is wholly or in greater part demolised or destroyed by fire or otherwise,\n\nthe Municipality may remit such portion (if any) of the tax or instalment as it may think equitable, but the portion so remitted shall not if any case falling only under clause (a) exceed one half of the tax or the instalment as the cace may be.",
"footnote": "",
"is_definition": false,
"sort_order": 2780
},
{
"number": "88",
"title": "Section 88(3)",
"chapter": null,
"content": "(3) The burden of proving the facts entitling any person to claim relief under the section shall lie upon him.",
"footnote": "",
"is_definition": false,
"sort_order": 2790
},
{
"number": "88",
"title": "Section 88(4)",
"chapter": null,
"content": "(4) For the purposes of the section neither the presence of a caretaker not the mere retention in an otherwise unoccupied dwelling house of the furniture habitually used in it shall constitute occupation of the house.",
"footnote": "",
"is_definition": false,
"sort_order": 2800
},
{
"number": "88",
"title": "Section 88(5)",
"chapter": null,
"content": "(5) For the purposes of this section a house shall be deemed to be productive of rent if let to a tenant who has continuing right of occupation thereof, whether it is actually occupied by such tenant or not.",
"footnote": "",
"is_definition": false,
"sort_order": 2810
},
{
"number": "89",
"title": "Section 89(1)",
"chapter": null,
"content": "89.(1) When any sum is due on account of a tax payable under this regulation in respect of any immovable property by the owner thereof the Municipality shall cause a bill for the amount stating the property and the period for which the charge is made, to be delivered to the person liable to pay the same.",
"footnote": "",
"is_definition": false,
"sort_order": 2820
},
{
"number": "89",
"title": "Section 89(2)",
"chapter": null,
"content": "(2) If the bill is not paid within ten days from the delivery thereof the Municipality may cause a notice of demand to be served on the person liable to pay the same and if he does not within seven days from the service of the notice pay the sum due with any fee liable for the notice or show sufficient cause for non-payment the sum due with the fee, shall be deemed to be an arrear of tax.",
"footnote": "",
"is_definition": false,
"sort_order": 2830
},
{
"number": "89",
"title": "Section 89(3)",
"chapter": null,
"content": "(3) The amount of every such arrear shall, subject to any claim on behalf of government, be a first charge on the property in respect of which it is payable, and shall besides been recoverable in any other manner provided by this Regulation, be recoverable on application made in this behalf by the Municipality to the Collector, as if the property were an estate assessed to land-revenue and the arrear were and arrear of such revenue due thereon:\n\nProvided that nothing in this sub-section shall authorise the arrest of a defaulter.",
"footnote": "",
"is_definition": false,
"sort_order": 2840
},
{
"number": "89",
"title": "Section 89(4)",
"chapter": null,
"content": "(4) If any tax or sum liable under this Regulation from the owner is recovered from the occupier, such occupier shall, in the absence of any contract to the contrary, be entitled to recover the same from the owner may deduct the same from the rent than or thereafter due by him to the owner.",
"footnote": "",
"is_definition": false,
"sort_order": 2850
},
{
"number": "90",
"title": "Section 90(1)",
"chapter": null,
"content": "90.(1) Every person bringing or receiving within the octroi or terminal tax limits of a Municipal area any article on which octroi or terminal tax is payable shall when required by an officer duly authorised by the Municipality in this behalf and so far as may be necessary ascertaining the amount of tax chargeable\n(a) permit that officer to inspect examine. weigh or otherwise deal with the article; and\n(b) communicate to that officer any information, and exhibit to him any bill, invoice or document of a like nature which he may posess relating to the article.",
"footnote": "",
"is_definition": false,
"sort_order": 2860
},
{
"number": "90",
"title": "Section 90(2)",
"chapter": null,
"content": "(2) If any person bringing or receiving within the octroi or terminal tax limits of a Municipal area a conveyance of packing on which octroi or terminal tax is or is believed to be liable, refuses on the demand of an officer authorised by the Municipality in this behalf, to permit the officer to inspect, weigh or otherwise examine the contents of the conveyance or package for the purpose of ascertaining whether it contains any articles in respect of which octroi or terminal tax is payable, or refuses to communicate to that officer any information or to exhibit to him any bill invoice or document of a like nature, which he may possess relating to the article, or with the intention of defrauding the Municipality, communicates any such informations which is false or exhibits any such bill, invoice or document of a like nature which is false, forgeded or fraudulent, he shall be punishable with fine which may extent to rupees fifty.",
"footnote": "",
"is_definition": false,
"sort_order": 2870
},
{
"number": "90",
"title": "Section 90(3)",
"chapter": null,
"content": "(3) Any such person may demand that the conveyance or package of both, as the case may be, shall be taken without unnecessary delay before a member or the Secretary or Magistrate, who shall cause the inspection to be made in his presence.",
"footnote": "",
"is_definition": false,
"sort_order": 2880
},
{
"number": "91",
"title": "Section 91",
"chapter": null,
"content": "91. If goods passing the octroi or terminal tax boundary of a Municipal area liable to the payment of octroi or terminal tax, than every person who, with intension to defraud the municipality, introduces or attempts to introduce within the said octroi or terminal tax boundary any such goods upon which payment of the Octroi or terminal tax due on such introduction has neither been made nor tendered or causes abets such introduction shall be punishable with fine which may extend either to ten times the value of such octroi or terminal tax, or to fifty rupees, whichever amount is greater.",
"footnote": "",
"is_definition": false,
"sort_order": 2890
},
{
"number": "92",
"title": "Section 92(1)",
"chapter": null,
"content": "92.(1) In the case of non-payment of any octroi or terminal tax, on demand the officer empowered to collect the same may seize any article on which the octroi or terminal tax chargeable, or any part of its burden sufficient, value to satisfy the demand inder the cover of a seizure memo in presence of witness. A copy thereof be handed over to the concerned person of the after obtaining his acknowledgement on the body of original seizure memo.",
"footnote": "",
"is_definition": false,
"sort_order": 2900
},
{
"number": "92",
"title": "Section 92(2)",
"chapter": null,
"content": "(2) The Municipality, after the lapse of five days from the seizure and after the issue of a proclametion fixing the timing and place of sale, may cause any property so seized, or so much thereof as may be necessary to be sold by public auction to satisfy the demand and the expenses occasioned by the seizure, custody and sale thereof, unless the damage and expenses are in the meantime paid:\n\nProvided that, by order of the Chairperson or a Vice-Chairperson, articles or perishable nature which can not be kept for five days without serious risks of damage, may be sold after the lapse of such shorter time as he may, having regard to the nature of the articles, think proper.",
"footnote": "",
"is_definition": false,
"sort_order": 2910
},
{
"number": "93",
"title": "Section 93(1)",
"chapter": null,
"content": "93.(1) An appeal against the assessment or against levy of, or against the refusal to refund any tax under this regulation shall lie to to the Administrator or such officer may be empowered by him in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 2920
},
{
"number": "93",
"title": "Section 93(2)",
"chapter": null,
"content": "(2) It. on the hearing of an appeal under this section, any question as to the liablity to, or the principle of assessment of a tax arises, on which the officer hearing the appeal entertains reasonable doubt, he may either of his on motion or on the application of any person interested, draw of a statement of the facts of the case and the point on which doubt is entertained, and refer the statement which on opinion on the point for the decision of the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 2930
},
{
"number": "93",
"title": "Section 93(3)",
"chapter": null,
"content": "(3) On a reference being made under sub-section (2), the sub-sequent proceedings in the case shall be, as nearly as may be, in conformity with the rules relating to references to the High Court contained an section 113 of the Code of Civil Procedure, 1908 an order XLVI in the first schedule to that Code.",
"footnote": "",
"is_definition": false,
"sort_order": 2940
},
{
"number": "93",
"title": "Section 93(4)",
"chapter": null,
"content": "(4) In every appeal, the costs shall be in the discretion of the officer deciding the appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 2950
},
{
"number": "93",
"title": "Section 93(5)",
"chapter": null,
"content": "(5) Costs awarded under this section to a Municipality shall be recoverable by the Municipality as if there were arrears of a tax due from the appellant.",
"footnote": "",
"is_definition": false,
"sort_order": 2960
},
{
"number": "93",
"title": "Section 93(6)",
"chapter": null,
"content": "(6) If a Municipality fails to pay any costs awarded to an appellant within 10 days after the date of the order for payment thereof, the officer awarding the costs may order the person having custody of the balance of the Municipal Fund to pay the amount.",
"footnote": "",
"is_definition": false,
"sort_order": 2970
},
{
"number": "94",
"title": "Section 94",
"chapter": null,
"content": "94. No appeal shall be entertained under section 93 unless the appellant has paid all other municipal taxes due from him to the Municipality upto the date of such appeal, and unless it has been preferred\n(a) where it refers to a tax on any land or building, within one month of the publication of the notice prescribed by section 85 or sub-section (3) of section 66 or of the date of the final order under section 86, as the case may be; or\n(b) where it refers to any other tax, within one month of the date on which a demand was made therefore:\n\nProvided that an appeal may be entertained after the expiry of the period referred to in clause (a) or clause (b), as the case may be if the appellant satisfies the officer before whom the appeal is preferred that he had sufficient cause for not presenting the appeal within that period.",
"footnote": "",
"is_definition": false,
"sort_order": 2980
},
{
"number": "95",
"title": "Section 95",
"chapter": null,
"content": "95. No assessment and no charge of the demand of any tax made under this Regulation, shall be impeached or affected by reason of any mistake in the name. residence, place of business occupation of any person liable to pay the tax, or in the description of any property or thing liable to the tax, of any mistake in the amount of assessment or tax, or by reason any clerical error or of her defect of Form; and it shall be enough in any such tax on property or any assessment of value for the purpose of any such tax if the property taxed or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 2990
},
{
"number": "96",
"title": "Section 96(1)",
"chapter": null,
"content": "96.(1) Municipality may exempt, in whole or in part, for any period not exceeding one year, from the payment of any tax, any person who by reason of poverty is, in its opinion, unable to pay the same, and may renew the such exemtion as often as may be necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 3000
},
{
"number": "96",
"title": "Section 96(2)",
"chapter": null,
"content": "(2) A Municipality, by a resolution passed at a special meeting may\n(a) provide that any person or all persons may be allowed to compound for any tax imposed under claus (e) of sub-section (1) of section 80; or\n(b) subject to the control of the Administator\n(i) abolish suspend or reduce in amount any tax imposed under section 80; or\n(ii) for a special reasons exempt in whole or in part from the payment of any such tax any person or class of persons or any property or description of property.",
"footnote": "",
"is_definition": false,
"sort_order": 3010
},
{
"number": "96",
"title": "Section 96(3)",
"chapter": null,
"content": "(3) The Administrator may by order in writing exempt in whole or in part from the payment of any such tax any person or class of persons or any property or description of property.",
"footnote": "",
"is_definition": false,
"sort_order": 3020
},
{
"number": "97",
"title": "Section 97(1)",
"chapter": null,
"content": "97.(1) Every person shall on the demand of an officer duly authorised by the Municipality in this behalf furnish such information as may be necessary in order to ascertain whether such person is able to pay any municipal tax; and every hotel or lodging-house keeper or Secretary of a residential club shall also on demand made as aforesaid furnished a list of all persons residing in such hotel, lodging-house or club.",
"footnote": "",
"is_definition": false,
"sort_order": 3030
},
{
"number": "97",
"title": "Section 97(2)",
"chapter": null,
"content": "(2) If any person so called upon to furnish such information omits to do so or furnishes information which is untrue he shall be punishable with fine, which may extent to one hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3040
},
{
"number": "98",
"title": "Section 98",
"chapter": null,
"content": "98. Subject to the provisions of sub-section (6) of section 81 and of sub-section (1) of section 85, any tax imposed under this chapter and payable periodically shall be payable on such dates and in such instalments (if any) as the Municipality may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 3050
},
{
"number": "99",
"title": "Section 99",
"chapter": null,
"content": "99. No objection shall be taken to valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned, in any other manner or by any other authority than is provided in this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 3060
},
{
"number": "100",
"title": "Section 100",
"chapter": null,
"content": "100. No refund of any tax shall be claimable by any person otherwise than is accordance with the provisions of this Regulations and the rules.",
"footnote": "",
"is_definition": false,
"sort_order": 3070
},
{
"number": "101",
"title": "Section 101(1)",
"chapter": null,
"content": "101. (1) In a municipal area in which a general water-rate is levied clause (g) of sub-section (1) of section 80 the Municipality shall, and in any other case a Municipality may, provide a supply of drinking water within the Municipal area and shall cause such tanks, reservoirs engiens, pipes, taps and other works as may be necessary for the said purpose, to be constructed and maintained, whether within or without the Municipal area and shall errct sufficient stand-pipes or other conveniences for the gratuitous supply of water to the public.",
"footnote": "",
"is_definition": false,
"sort_order": 3080
},
{
"number": "101",
"title": "Section 101(2)",
"chapter": null,
"content": "(2) The Municipality shall, as far as possible, make adequate provision to ensure that such supply is continous throughtout the year, and that the water is at all times pure and fit for human consumption.",
"footnote": "",
"is_definition": false,
"sort_order": 3090
},
{
"number": "102",
"title": "Section 102(1)",
"chapter": null,
"content": "102.(1) A Municipality may on application by the owner or occupier of any building arrange for supplying water from the nearest main to the same for domestic purposes, in such quantities as it thinks reasonable, and may. if it considers necessary, limit the ammount of water to be so supplied.",
"footnote": "",
"is_definition": false,
"sort_order": 3100
},
{
"number": "312",
"title": "Explanation",
"chapter": null,
"content": "Explanation :- A supply of water for domestic purpose shall not be deemed to include a supply\n(a) for any trade, manufacture or business;\n(b) for gardens or for purposes of irrigation;\n(c) fo building purposes;\n(d) for fountains, swimming baths, or for any ornamental or mechanical purposes;\n(e) for animals, were they are kept for sale or hire for the sale of their produce or any preparation therefrom;\n(f) for watering roads or paths.",
"footnote": "",
"is_definition": false,
"sort_order": 3110
},
{
"number": "102",
"title": "Section 102(2)",
"chapter": null,
"content": "(2) A Municipality may with the sanction of the sub-committee supply water for any purpose other ther a domestic purpose on receiving a application specifying the purpose for which the supply is required and the quantity likely to be consumed.\n\nProvided that the Municipality may withdraw such supply at any time if it should appear necessary to do so in order to mantain a sufficient supply of water for domestic purposes.",
"footnote": "",
"is_definition": false,
"sort_order": 3120
},
{
"number": "102",
"title": "Section 102(3)",
"chapter": null,
"content": "(3) For all water supplied under this section, payment shall be made the Municipality at such special rate or rates as may be prescribed under clause (g) of sub-section (1) of section 80.",
"footnote": "",
"is_definition": false,
"sort_order": 3130
},
{
"number": "103",
"title": "Section 103",
"chapter": null,
"content": "103. where water is to be supplied under section 102, all necessary communication pipes and fitting shall be supplied by the Municipality and the working of laying and applying a such communication pipes and fittings shall be executed by the Municipal angency under the orders of the Municipality.\n\nProvided that the cost of making any such connection and all communication pipes and fiting so supplied and of all work so executed shall be paid by the owner or the person making the application for water supply:\n\nProvided further that the Municipality may, if it thinks fit, provide a meter and charge rent for same, or may require the owner or applicant to provide a meter of such size, material and descripiton as it may approve.",
"footnote": "",
"is_definition": false,
"sort_order": 3140
},
{
"number": "104",
"title": "Section 104(1)",
"chapter": null,
"content": "104.(1) Any owner of occupier of any building or land in or on which water supplied under this Regulation is misused iue to negligence or other circumstance under his control or is used with out permisson in excess or the quantity fixed under section 102 or in which the pipes, mains or other works are out of repair to such an extent as to pass waste of water, shall if he has knowledge there of, be bound go give notice of the to such office as the Municipality may appoint in this behalf",
"footnote": "",
"is_definition": false,
"sort_order": 3150
},
{
"number": "104",
"title": "Section 104(2)",
"chapter": null,
"content": "(2) if any person whose pemises are supplied with water neglect to day the water rates or any sum payable in respect of the water supplied under this Regulation, or to give notice as provided under sub-section (1), or willfully or negligently misuses or causes waste of water the Municipality may, after giving him such notice as it deems reasonable in the circumstanes cut off the supply of water from his premises.",
"footnote": "",
"is_definition": false,
"sort_order": 3160
},
{
"number": "105",
"title": "Section 105",
"chapter": null,
"content": "105. A Municipality may equip itself with such implement, appliances and other materials as it may think necessary for rending assistance in extinguishing fires und protecting life and property when fires occur",
"footnote": "",
"is_definition": false,
"sort_order": 3170
},
{
"number": "106",
"title": "Section 106(1)",
"chapter": null,
"content": "106. (1) On the occasion of a fire a municipal area, any Magistrate the secretary or any member of the Municipality or any member of a fire-brigade then and there directing the operations of men belonging to the brigade or any police officer directed by a Magistrate may--\n(a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property;\n(b) close any street of passage in or near which any fire is burning;\n(c) for the purpose of extinguishing the fire, break into or through or pull down any premises, or cause any premises, to be broken into or through or to be pulled down or used for the passage of houses or other appliances;\n(d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred;\n(e) call on the persons in charge of any fire engine to render such assistance as may be possible; and\n(f) generally, take such measures as may appear necessary for the preservation of life or property.",
"footnote": "",
"is_definition": false,
"sort_order": 3180
},
{
"number": "106",
"title": "Section 106(2)",
"chapter": null,
"content": "(2) When any Government building is endangered by fire, the officers of the public Works Department for the time being in charge of the building may exercise the powers conferred on a Magistrate by sub-section (1).",
"footnote": "",
"is_definition": false,
"sort_order": 3190
},
{
"number": "106",
"title": "Section 106(3)",
"chapter": null,
"content": "(3) No person shall be liable to pay damages for any act done by him in good faith under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 3200
},
{
"number": "106",
"title": "Section 106(4)",
"chapter": null,
"content": "(4) Any damage done in the exercise of a power conferred or a duty imposed by this section shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire.",
"footnote": "",
"is_definition": false,
"sort_order": 3210
},
{
"number": "106",
"title": "Section 106(5)",
"chapter": null,
"content": "(5) The powers conferred by this section shall be subject to any conditions of restrictions Which may be imposed by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 3220
},
{
"number": "107",
"title": "Section 107(1)",
"chapter": null,
"content": "107. (1) A Municipality may by notice require the owner of any building or land in the municipal area-\n(a) to provide move or remove any drain privy, latrine, urinal cesspool or other receptacle for fifth or refuse or provide any additional drains privies latrines urinals cesspools or other receptacles as aforesaid which should in its opinion be provided for the building or land in such manner and of such pattern as the Municipality may direct;\n(b) to have any privy, latrine or urinal provided with some shut out by a sufficient roof, wall or fences from the view of persons passing by or dwelling in the neighbourhood or to remove or alter as the Municipality may direct any door or trap-door of a privy latrine or urinal opening on to any street or road; or\n(c) to close, demolish, repair, alter or put in good order any drain, privy latrines, urinal cesspool or receptacle for any fifth or refuse.",
"footnote": "",
"is_definition": false,
"sort_order": 3230
},
{
"number": "107",
"title": "Section 107(2)",
"chapter": null,
"content": "(2) A Municipality may by notice require any person who constructs in the municipal area any new drain privy latrone urinal cesspool or receptacle for fifth, or refuse without its permission in writing or contrary to its directions or to the provisions of this Regulation or of any bye-laws or who construucts rebuilding or opens any drain privy latrine urinal cesspool or receptacle for fifth or refuse Which it has ordered to be demolished or closed or not to be made to demolish the drains, privy latrine urinal cesspool or recepracle or to make such alteration therein as it thinks fit.",
"footnote": "",
"is_definition": false,
"sort_order": 3240
},
{
"number": "107",
"title": "Section 107(3)",
"chapter": null,
"content": "(3) A Municipality may by notice, require any person who without its permission in writing newly erects or rebuilds any building over any sewer drain, culvert, water-course or water-pipe vested in the Municipality to pull down or otherwise deal with the same as it may think fit.",
"footnote": "",
"is_definition": false,
"sort_order": 3250
},
{
"number": "108",
"title": "Section 108(1)",
"chapter": null,
"content": "108.(1) A Municipality may by notice require the owner or occupier of any land on which any drain, privy latrine, urinal, cesspool or other receptacle for fifth or refuse for the time being exists within fifty feet or any spring, well, tank, reservoir or other source from which water is or may be derived for public use to remove or close the same within one week from the service of such notice.",
"footnote": "",
"is_definition": false,
"sort_order": 3260
},
{
"number": "108",
"title": "Section 108(2)",
"chapter": null,
"content": "(2) Whoever without the permission of the Municipality fails to comply with the requirement of the notice referred to in sub-section (1) shall be punishable with fine which may extend to twenty rupees and with a further fine not exceeding ten rupees for each day during which the offence is continued after the lapse of the period allowed for complience therewith.",
"footnote": "",
"is_definition": false,
"sort_order": 3270
},
{
"number": "109",
"title": "Section 109",
"chapter": null,
"content": "109. Whoever without the permission of the Municipality-\n(a) causes or knowingly or negligently the water on any sink, sewer or cesspool or any other offensive matter to flow, drain or be put upon any street or public place or into any sewer or drain, not set after for the purpose, shall be punishable with fine which may extend to twenty rupees.\n(b) makes or causes to be made, or alters or causes to be altered any drain leading into any sewer or drain vested on the Municipality shall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3280
},
{
"number": "110",
"title": "Section 110(1)",
"chapter": null,
"content": "110.(1) A Municipality may lay or carry any main pipe drain, sewer or channel of any kind for the purpose of carrying out establishing or maintaining any system of water supply drainage or sewerage through, across under or over any road or street or any place laid out or intendent as a road or a street or after giving not less than fourteen days notice in writing to the owner or occupie in to through across under or over any land or building situated within the municipal area, and may at all times do all acts and thinks which may be necessary or expedient for repairing or maintaining any such main, pipe, drain, sewer or channel as the case may be in an effective state for the purpose for which the same may be used or intendeded to be used:\n\nProvidel that no nuisance or interference with the rights of the owner or occupier to the enjoyment of such land or building, shall be created by any such operation to any larger extent than what is absolutely necessary for the proper execution of the work:\n\nProvidel also that no such operation into through, a cross under or over any major road or Government building or land, shall be carried out except with the permission in writing of the Public Works Department;\n\nProvidel also that reasonable compensation shall be paid to the owner or occupier for any damage at the time sustained by him on account of or direct occasioned by the carrying out of any such operation;",
"footnote": "",
"is_definition": false,
"sort_order": 3290
},
{
"number": "111",
"title": "Section 111(1)",
"chapter": null,
"content": "111.(1) No person shall, without the permission of the Municipality at any time make or cause to be made any connection or communication with any main, pipe, drain, sewer, or channel constructed or maintained by or vested in a Municipality for any purpose whatsoever.",
"footnote": "",
"is_definition": false,
"sort_order": 3300
},
{
"number": "111",
"title": "Section 111(2)",
"chapter": null,
"content": "(2) A Municipality may prescribe the size of the feerules to be used for the supply of water and may establish meters or other appliances for the purpose of testing the quantity of quality of any water supplied to the premises of any person or to or for the use of any person or business.",
"footnote": "",
"is_definition": false,
"sort_order": 3310
},
{
"number": "111",
"title": "Section 111(3)",
"chapter": null,
"content": "(3) The ferrules, communication pipes, connections meters, stand-pipes and all fittings thereon or connected therewith leading from mains, pipes, drains, sewers or channels in to any building or land and the pipes fittings and works inside any such builduing or within the limit of any such land, shall in all cases be executed subject to the insepection by and to the satisfication of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 3320
},
{
"number": "111",
"title": "Section 111(4)",
"chapter": null,
"content": "(4) A Municipality may fix the fees to be charged for the establishment, by or through its agency of communication from and connections with mains or pipes for the supply of water and may levy such fees.",
"footnote": "",
"is_definition": false,
"sort_order": 3330
},
{
"number": "112",
"title": "Section 112(1)",
"chapter": null,
"content": "112.(1) The Municipality by notice require the owner any building or land to put up and keep in good condition proper throughs and pipes for receiving and carrying the water including the rain water from the building or land and for discharging the same so as not to inconvenience persons passing along the street.",
"footnote": "",
"is_definition": false,
"sort_order": 3340
},
{
"number": "112",
"title": "Section 112(2)",
"chapter": null,
"content": "(2) For the purpose of efficiently draining any building or land in the municipal area a Municipality may by notice in writing\n(a) require any court-yard alley or passage between two or builaings to be paved with such materials and in such manner as may be approved by it; and\n(b) require such paying to be kept in proper repair.",
"footnote": "",
"is_definition": false,
"sort_order": 3350
},
{
"number": "113",
"title": "Section 113(1)",
"chapter": null,
"content": "113.(1) A Municipality may set apart suitable places in the municipal area for the purposes of bathing and may specify the times at which and the sex of the person by whom persons such places may be used and may also set apart suitable places for washing animals or clothes or for any other purposes connected with the health cleanliness or comfort of the inhabitants of the municipal area; and any public notice prohibit the bathing or washint of animal or clothes in any public place not set apart or at times or by persons other than those specified and any other act by which water in public places may be rendered foul or unfit for use and may charge fees for the use of such places by any specified class or classes of persons or by the public generally.",
"footnote": "",
"is_definition": false,
"sort_order": 3360
},
{
"number": "113",
"title": "Section 113(2)",
"chapter": null,
"content": "(2) A Municipality may fix by notice places at which articles or clothing, bedding or other articles which have been exposed to infection shall be washed and no persons shall wash any such articles at any place in the Municipal area not so fixed.",
"footnote": "",
"is_definition": false,
"sort_order": 3370
},
{
"number": "114",
"title": "Section 114",
"chapter": null,
"content": "114. A Municipality may fix places within or with the approval of the Deputy Commissioner beyond the limits of the Municipal area for the deposit of refuse rubbish or offensive matter of any kind or for the disposal of the dead bodies of animas and may by public notice give directions as to the time manner and conditions at in and under which such rubbish offensive matter or dead bodies of any animals may be removed along any street and deposited at such places.",
"footnote": "",
"is_definition": false,
"sort_order": 3380
},
{
"number": "115",
"title": "Section 115",
"chapter": null,
"content": "115. hoever being the owner of occupier of any building or land in a municipal area, keeps or knowlingly or ngligently allows to be kept for more than twenty four hours or otherwise than in some proper receptacle or pit any dirt dung bones ashes night-soil or filth or any noxious or effensive matter in or upon such building or land or suffers any such receptacle or pit to be in a filthy or noxious state or neglects to employ proper means to cleanse and purify the same shall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3390
},
{
"number": "116",
"title": "Section 116",
"chapter": null,
"content": "116. Whoever commits or permits any servants or for member of his house hold or any person under his control to whom the provisions of section 82 section 83 or section 84 or the Indian Panel Code or applicable to commit a nuiance upon any street or into any public sewer or drain or any drain communicating therwith shall be punishable with fine which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3400
},
{
"number": "117",
"title": "Section 117",
"chapter": null,
"content": "117. For the pupose of this Regulation house-cleaning means the removal of filth rubbish odour or other of fensive matter from a privy latrine, urinal, cesspool or other common receptacle for such matter in or pertaining to a building including ats appurtenances.",
"footnote": "",
"is_definition": false,
"sort_order": 3410
},
{
"number": "118",
"title": "Section 118(1)",
"chapter": null,
"content": "118.(1) It shall be the duty of every Municipality to make such arrangements in to maintain a system of such servants for house-cleaning as t may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 3420
},
{
"number": "118",
"title": "Section 118(2)",
"chapter": null,
"content": "(2) The Municipality shall charge such rate or rates for house-cleaning as may be prescribed under clause(i) of sub-section (1) of section 80.",
"footnote": "",
"is_definition": false,
"sort_order": 3430
},
{
"number": "118",
"title": "Section 118(3)",
"chapter": null,
"content": "(3) Any servant of a Municipality who is employed in house-cleaning may at all reasonable times do all things necessary for the proper performances of any house-cleaning under taken by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 3440
},
{
"number": "118",
"title": "Section 118(4)",
"chapter": null,
"content": "(4) All matter removed by the servants of a Municipality in the course of houss-cleaning shall belong to the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 3450
},
{
"number": "119",
"title": "Section 119(1)",
"chapter": null,
"content": "119.(1) Whenever any animal in the charge of any person in a municipal area dies otherwise than by slaughter the person in charge thereof shall within twenty four hours either\n(a) convey the carcases to a place (if any) fixed, by the Municipality under section 114 for the disposal of the dead bodies of animals if no such place has been fixed to some suitable atleast one mile beyond the limits of the municipal area: or\n(b) give notice of the death to the Municipality whereupon the Municipality shall cause the carcases to be disposed of.",
"footnote": "",
"is_definition": false,
"sort_order": 3460
},
{
"number": "119",
"title": "Section 119(2)",
"chapter": null,
"content": "(2) In respect of the disposal of the dead bodies. of an animal uder clause (b) of sub-section(b) the Municipality may change such fees as it may by public notice prescribe in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 3470
},
{
"number": "119",
"title": "Section 119(3)",
"chapter": null,
"content": "(3) For the purposes of this section `animal' means and includes horned cattle, elephants, camels, horeses, panies, asses, mules, deer, sheep, goats, swine and other large animals.",
"footnote": "",
"is_definition": false,
"sort_order": 3480
},
{
"number": "119",
"title": "Section 119(4)",
"chapter": null,
"content": "(4) Any person who fails to comply with the provisions of sub-section () shall be punishable with fine which may extent to ten rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3490
},
{
"number": "120",
"title": "Section 120",
"chapter": null,
"content": "120. A Municipality may with the approval of the Deputy Commissioner, appoint premises for the slaughter of animals for sale or of any specified discription of such animals and may with the like approval grant licence for the use of such premises or if they belong to the Municipality charge rent or fees of the use of the same.",
"footnote": "",
"is_definition": false,
"sort_order": 3500
},
{
"number": "121",
"title": "Section 121(1)",
"chapter": null,
"content": "121.(1) Where a Municipality has appointed any premises under section 120 no person shall slaughter any animal for sale at any other place within the municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 3510
},
{
"number": "121",
"title": "Section 121(2)",
"chapter": null,
"content": "(2) Any person who contravenes the provision of sub-section (1) shall be punishable with fine which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3520
},
{
"number": "122",
"title": "Section 122",
"chapter": null,
"content": "122. A Municipality may regulate by bye-laws the keeping of any place in the municipal area as a hotel, restaurant. lodging house, t-stall. bakery, confectionary or aerated water factory. or as a merket of shop for the sale of fruit. vegetables. sweetmeats, milk, animals, meats. fish. eggs fowls, or any thing intended for human food and such bye-laws may prohibit the keeping of any place for any such purpose save under and in accordance with the condition of a licence anted in that behalf by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 3530
},
{
"number": "123",
"title": "Section 123",
"chapter": null,
"content": "123. Whoever, feeds or allows to be fed any deleterious substance filth or refuse of any kind any animal which is kept, or is intendent to be used, for the supply of milk or food to the inhabitants of a municipal area, shall be a punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3540
},
{
"number": "124",
"title": "Section 124",
"chapter": null,
"content": "124. Whoever\n(a) being the owner or occupier of any dwelling other than a public hospital in a municipal area. and being cognizant of the existence of any infectious or contagious disease therein; or\n(b) being the person in charge of, or in attendance on, any person suffering from any such disease in such dwelling and being cognizant of the existence of such disease therein,\nfails to give information to such officer as the Municipality may prescribe in this behalf, or gives false information respecting the existence of such disease, shall be punishable with fine which may extend to fifty rupees:\n\nProvided that a person such as is referred to in clause (b) shall not be punishable if he had reasonable cause to believe that the information had been. or would be, duly given by a person such as is referred to in clause (a).",
"footnote": "",
"is_definition": false,
"sort_order": 3550
},
{
"number": "125",
"title": "Section 125(1)",
"chapter": null,
"content": "125.(1) If a Municipality is of opinion that the cleansing or disinfecting of a building in the municipal area or any part thereof, or of any article therein, which is likly to retain infection will tend to prevent or check the spread of any disease, or is otherwise necessary it may, after giving a notice to the owner or occupier, cause the same to be cleansed or disinfected in such manner as it may deem fit.",
"footnote": "",
"is_definition": false,
"sort_order": 3560
},
{
"number": "125",
"title": "Section 125(2)",
"chapter": null,
"content": "(2) Whoever knowingly lets a house or other building, in a municipal area or part of such a house or building, in which any person has been suffering from an infectious or contagious disease without having such house or building or part thereof and all articles therein liable to retain infection disinfected to the satisfation of the Municipality. shall be punishable with fine which may extend to two hundred rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3570
},
{
"number": "126",
"title": "Section 126",
"chapter": null,
"content": "126. In any municipal area, the Municipality may\n(a) provide proper places with all necessary attendants and apparatus, for the disinfection of conveyances, clothing, bedding or other articles which have been exposed to infection;\n(b) cause conveyance, clothing, bedding or other articles brought for disinfection to be disinfected free of charge or subject to such charges as may be approved by it; or\n(c) direct any clothing, bedding, or other. articles likely to retain infection to be destroyed:\n\nProvided that the Municipality shall give compensation for any article destroyed under this section.",
"footnote": "",
"is_definition": false,
"sort_order": 3580
},
{
"number": "127",
"title": "Section 127",
"chapter": null,
"content": "127. Whoever, while suffering from an infectious, contagious or loathsome disease or disorder, -\n(a) makes or offers for sale any article of food or drink for human consumption or any medicine or drug, or\n(b) wilfully toucnes any such article, medicine or drug, when expose or sale by others. or\n(c) takes any part in the buisness of washing or carring soiled cloths, shall be punishable with fine which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3590
},
{
"number": "128",
"title": "Section 128",
"chapter": null,
"content": "128. If a Municipality, on the report of the Senior Medical Officer or Health Officer, considers that the water in any well, tank or other places in the municipal area likely, if used for irinking, to generate or cause the spread of any dangerous disease, it may-\n(a) by public notice prohibit the removal or use of such water for drinking;\n(b) by notice require the owner or person having control of such well, tank or place to take such steps as may be specified in the notice to prevent the public from having access to or using such water; or\n(c) tak such steps as it may, on the advice of the Sensor Medical Officer or Health Officer, consider expedient to prevent the generation or spread of any such disease.",
"footnote": "",
"is_definition": false,
"sort_order": 3600
},
{
"number": "129",
"title": "Section 129(1)",
"chapter": null,
"content": "129.(1) A Municipality shall with the previous approval of the Senior Medical Officer, by public notice, appoint places which shall be used as burial or burning-grounds, and shall also define the limits of such places.",
"footnote": "",
"is_definition": false,
"sort_order": 3610
},
{
"number": "129",
"title": "Section 129(2)",
"chapter": null,
"content": "(2) No burial or burning-ground, whether public or private, shall be made or formed in a municipal area or within one mile thereof without the permission in writing of the Municiaplity.",
"footnote": "",
"is_definition": false,
"sort_order": 3620
},
{
"number": "129",
"title": "Section 129(3)",
"chapter": null,
"content": "(3) No person shall, without the permission of the Municipality, bury or burn, or cause or permit to be buried or brunt, any corpse at any place in the municipal area except a piace appointed by the Municipality as a burial or burning ground.",
"footnote": "",
"is_definition": false,
"sort_order": 3630
},
{
"number": "129",
"title": "Section 129(4)",
"chapter": null,
"content": "(4) Whoever contravenes the provisions of sub-section (2) or sub-section (3), shall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3640
},
{
"number": "130",
"title": "Section 130(1)",
"chapter": null,
"content": "130.(1) Municipality may, by public notice. prescribe routes for the removal of corpees to burial or burning-grounds.",
"footnote": "",
"is_definition": false,
"sort_order": 3650
},
{
"number": "130",
"title": "Section 130(2)",
"chapter": null,
"content": "(2) Whoever carries a corpse along a route prohibited by the Municipality, or in a manner likely to cause annoyance to public, shall be punishable with fine which may extended to ten rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3660
},
{
"number": "131",
"title": "Section 131",
"chapter": null,
"content": "131. If any building, tank reservouir, pool depression or excavation in a municipal area, is, for want of sufficient repair, protection or enclosure, dangerous to the persons dwelling or working therein or in the neighbourhood thereof or to persons passing by, the Municipality may, by notice, require the owner or occupier thereof to repair, protect or enclose the same, and if the requirement of such notice is not completed with, the Municipality shall forthwith take at the expense of the owner, any steps which it thinks necessary for the purpose of averting imminent danger.",
"footnote": "",
"is_definition": false,
"sort_order": 3670
},
{
"number": "132",
"title": "Section 132",
"chapter": null,
"content": "132. If in any mun cipal area any wall building, or structure or any thing affixed thereto, or any bank or tree, is deemed by the Municipality to be in a ruinous state or in any way dangerous, the Municipality, may, by notice, require the owner thereof forthwith either to remove the same or to cause such repairs to be made to the building, wall structure or bank as the Municipality may consider necessary for the public safety, and, if the requirement of such notice is not complien with, the Municipality shall forthwith take, at the expense of the owner, any steps which it thinks necessary for the purpose of averting imminent danger.",
"footnote": "",
"is_definition": false,
"sort_order": 3680
},
{
"number": "133",
"title": "Section 133",
"chapter": null,
"content": "133. If the owner or occupier of any building or land in a municipal area suffers the same to be in a filthy or unwholsome state the Municipality may by notice require him within twenty-four hours to cleanse the same or otherwise put it in a proper state and thereafter to keep it in a clean and proper state and if it appears to the Municipality to be necessary for sanitary purposes to do so it may at any time by notice, direct the occupier of any buiding in the municipal area to lime-wash or otherwise cleanse that building inside or outside in such manner and within such period as may be specified in the notice.",
"footnote": "",
"is_definition": false,
"sort_order": 3690
},
{
"number": "134",
"title": "Section 134",
"chapter": null,
"content": "134. A Municipality may, by notice, require the owner or occupier of any land in the municipal area to clear away and remove therefrom any thick vegetation or undergrowth which may appear to the Municipality to be injurious to health or offensive to persons residing in the neighbourhood.",
"footnote": "",
"is_definition": false,
"sort_order": 3700
},
{
"number": "135",
"title": "Section 135",
"chapter": null,
"content": "135. A Municipality may, by notice, require the owner or occupier of any land in the municipal area to cut or trim within three days the hedges crowing thereon and bordering on any branches of trees growing thereon which overhang any street and obstruct the same or cause danger or which so overhang any well than or other source from which water is derived for public use as to be likely to pollute the water thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 3710
},
{
"number": "136",
"title": "Section 136",
"chapter": null,
"content": "136. If the Senior Medical Officer certifies that the cultivation of any description of crop or the use of any kind of manures or the irrigation of land in any specified manner\n(a) in any place with in the limits of the municipal area is in jurious or facilities practises which are in jurious to the health of person dwelling in the neighbourhood: or\n(b) in any place within or beyond the limits of the municipal area, is likely to contaminate the water supply of the municipal area or otherwise renders it unfit for drinking purposes.\n\nthe Municipality may with the approval of the Administrato, by public notice, prohibit the cultivation of such crop the use of such manure, or the use of the method of irrigation so reported to be in jurious or impose such conditions with respect thereto as may prevent such in jury or contamination:\n\nProvided that when on any land to which such notice applies the act prohibited been practised during the five years immediately preceding the notice in he ordinary course of husbandry compensation shall be paid from the Municipal Fund to all persons interested therein for any damage caused to them by the effect or such notice.",
"footnote": "",
"is_definition": false,
"sort_order": 3720
},
{
"number": "137",
"title": "Section 137(1)",
"chapter": null,
"content": "137.(1) No place within a municipal area shall be used\n(a) for melting tallow or fat;\n(b) for boiling or drying bones offal or blood;\n(c) as soap-house. oil-boiling-house. tennery, or barber's shop;\n(d) as a brick-field, brick-kiln, pottery or lime kiln;\n(e) as any other manufactory, engine-house or place of business from which offensive or unwholesome smell noises. fumes or smoke aris;\n(f) as a yard or depot for trade in hay, straw thatching grass, dry leaves wood charcoal, or coal of other dangerously inflammable material; or\n(g) as a store-house for any explosive or for petroleum or any inflammable oil or spirit.\n\nexcept under a licence granted by the Municipality which shall be renewable annually.",
"footnote": "",
"is_definition": false,
"sort_order": 3730
},
{
"number": "137",
"title": "Section 137(2)",
"chapter": null,
"content": "(2) The licence shall not be withheld unless the Municipality considers that the business which is intended to be established or maintained would be the cause of annoyance, offence or danger to persons residing in frequenting the immediate neighbourhood or that for general reasons the establishment of such busile in the locality is undesirable.",
"footnote": "",
"is_definition": false,
"sort_order": 3740
},
{
"number": "137",
"title": "Section 137(3)",
"chapter": null,
"content": "(3) The Municipality may charge fees according to a scale to be fixed by bye-laws for such licences and may impose such conditions in respect thereof as it may think necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 3750
},
{
"number": "137",
"title": "Section 137(4)",
"chapter": null,
"content": "(4) Whoever, without, a licence or in contravention of the condition of any such licence, uses any place for any such purpose as is specified in this section shall be punishable with fine which may extend to fifty rupees and in the case of continuing offence, with a further fine which may extend to ten rupees for every subsequent day during which the offence is continued.",
"footnote": "",
"is_definition": false,
"sort_order": 3760
},
{
"number": "138",
"title": "Section 138",
"chapter": null,
"content": "138. Whoever in a municipal area quarries, blasts cuts timber or carries on building operations in such manner as to cause or to be likely to cause dangernto persons passing by or dwelling or working in the neighbourhood, shall nb be punishable with fine which may extend to rupees fifty.",
"footnote": "",
"is_definition": false,
"sort_order": 3770
},
{
"number": "139",
"title": "Section 139",
"chapter": null,
"content": "139. The Administrator or may provide special police protection on the occesion of an agricultural show or industrial exhibition or fair managed by a Municipality or for the purpose of guarding houses in a municipal area evacuated on account of epidemic and the Municipality shall pay such charges inrespect of such protection as the Administrator may determine in his behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 3780
},
{
"number": "140",
"title": "Section 140",
"chapter": null,
"content": "140. A Municipality may, lavy fees, not exceeeding such amounts as the Administrator may fix in this behalf, by notification, on persons attending fair on which the Municipality incure expenditure and on persons exposing goods for sale or plying any occupation for gain.",
"footnote": "",
"is_definition": false,
"sort_order": 3790
},
{
"number": "141",
"title": "Section 141(1)",
"chapter": null,
"content": "141. (1) A Municipality may, by notice, prohibit in any specified part of the municipal area-\n(a) the keeping of a brothal; or\n(b) the residence of a public prostitute.",
"footnote": "",
"is_definition": false,
"sort_order": 3800
},
{
"number": "141",
"title": "Section 141(2)",
"chapter": null,
"content": "(2) Whoever fails to comply with a notice issued under sub-section (1) shall be punishable with imprisonment for a term Which may extend to eight days or with fine Which may extend to rupees one hundred and in the case of a continuing failure, with a further tine Which may extend to cen rupees for every subsequent day during Which the failure continues.",
"footnote": "",
"is_definition": false,
"sort_order": 3810
},
{
"number": "142",
"title": "Section 142",
"chapter": null,
"content": "142. On fet complaint of the Municipality or of three or more inhabitants of a municipal area that a house in the municipal area is used as a brothel, by directly persons of any discription, or the annoyance of the respectable inhabitants of the vicinity, or that any such house is used as a brothel in the neigbourhood of any educational insittution, boarding-house or place of Worship, any Magistrate of the First Class having jurisdiction in the place Where the house is situated, may summon the owner or tenant of the of the house, and on being satisfied that the house s soused and that it is source of annoyance of afference to the neighbours, or that it is in the neighbourhood of any educational instituaction boarding-house or place of Worship, may order the owner or tenant to discountinue such use of ts and if such owner or tenant fails to comply with order Within five days, the Magistrate may impose upon him a Which the house has been so used.",
"footnote": "",
"is_definition": false,
"sort_order": 3820
},
{
"number": "143",
"title": "Section 143(1)",
"chapter": null,
"content": "143.(1) Municipality may--\n(a) authorise any person-\n(i) to destroy or cause to be destroyed or to confine or cause to be confined, for such period as the Municipality may direct any dog or other animal found in the municipal area suffering or resonably suspected to be suffering from rabies or bitten by any dog or other animal suffering or suspected as aforesaid;\n(ii) to continue, or cause to be confined any dogs found wandering about streets of public places without collars or other marks distinguishing them as private property;\n(b) charge a fee for any dog confined under sub-clause (ii) of clause (a) and destroy or otherwise dispose of any such dog if the dog is not claimed and the fee not paid within one week;\n(c) by public notice issue a temporary or standing order that any dogs without collars or other marks distinguishing them as private property found straying on the street or beyond the enclosures of the houses of the owners of such dogs may be destroyed and destroy or cause them to be destroyed accordingly.",
"footnote": "",
"is_definition": false,
"sort_order": 3830
},
{
"number": "143",
"title": "Section 143(2)",
"chapter": null,
"content": "(2) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section",
"footnote": "",
"is_definition": false,
"sort_order": 3840
},
{
"number": "144",
"title": "Section 144",
"chapter": null,
"content": "144. Whoever, in a municiapi area, keep any swine in disregard of any orders Which the municiaplity may give to prevent them becoming a nuiance or keeps any other animal for so as to be injurious to the health of the inhabitants or of animals or so animals or so to become a nuisance, shall be punishable with fine Which may extend to five rupees and in the case of a continuing offence with further fine Which may extend to five rupees for every subsequent day during which the offence is continued.",
"footnote": "",
"is_definition": false,
"sort_order": 3850
},
{
"number": "145",
"title": "Section 145",
"chapter": null,
"content": "145. Whoever, in contravention of any general or special prohibition issued by a Municipality without the permition of the Municipality beats a drum or tom-tom, blows a horn or trumpet or beats or sounds any brass or other instrument or utensil, shall be punishable with fine which may extend to twenty five rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3860
},
{
"number": "388",
"title": "Explanation",
"chapter": null,
"content": "Explanation: In the case of an offence under this section comitted by a band, each individual member of such band shall be so punishable.",
"footnote": "",
"is_definition": false,
"sort_order": 3870
},
{
"number": "146",
"title": "Section 146",
"chapter": null,
"content": "146. Whoever in a municipal area, discharges fire arms or lets off fire works fire balloons or detonator, or enagages in any game in such a manner as to cause or be likely to cause danger to person passing by or dwelling in the neighbouhood or risk of injury to property shall be punishable with the which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3880
},
{
"number": "147",
"title": "Section 147",
"chapter": null,
"content": "147. A Municipality may, where it appears to it to be necessary for the prevention of danger to life or priperty, by public notice, prohibit the stacking or collecting of timber, wood, dry grass, straw or other inflammable materials, or the placing of mats or thatched huts or the lighting of a fire in any place, or within any limits in the municipal area which may be specified in the notice:\n\nProvide 1 that no such notice shall be issued except with the previous approval of the Deputy Commissioner.",
"footnote": "",
"is_definition": false,
"sort_order": 3890
},
{
"number": "148",
"title": "Section 148",
"chapter": null,
"content": "148. A Municipality may with the previous approval of the Administrator\n(a) cise temporarily any public street or any part thereof for any public purpose;\n(b) divert discontine to close permanently any public street other than a major road; or\n(c) sell its interest in the land forming a public street other then a major road or any part thereof, if not required for the purposes of this requlation.",
"footnote": "",
"is_definition": false,
"sort_order": 3900
},
{
"number": "149",
"title": "Section 149",
"chapter": null,
"content": "149. A Municipality may grant permission in writing for the temporary occupation of any street or land vested in it for the purpose of deposting any building materials or making any temporary excavation therein or erection thereon, subject to such condition as it may prescribe for the safety or convenience of persons passing by or dwelting or working in the neighbourhood may charge lees for such permission:\n\nProvided that in the case of major road, no such permission shall be granted except with the previous approval of the public works Department.",
"footnote": "",
"is_definition": false,
"sort_order": 3910
},
{
"number": "150",
"title": "Section 150(1)",
"chapter": null,
"content": "150.(1) Whoever without the written permission of the Municipality builds or erects any immovable encroachment upon the ground level of any street or on a sewer, drain or water-course in a municipal area or builds or makes any ammovable overhanging structure projecting into a street at a point above the sale ground level. shall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3920
},
{
"number": "150",
"title": "Section 150(2)",
"chapter": null,
"content": "(2) The Municipality may. by notice, require the owener or occupier of any building to remove or after such immovable encroachment or over hanging structure as aforesaid and so compensation shall be claimable in respect of such removal or afteration.",
"footnote": "",
"is_definition": false,
"sort_order": 3930
},
{
"number": "151",
"title": "Section 151(1)",
"chapter": null,
"content": "151.(1) Whoever in a municipal area, without the written permission of the Municipality.\n(a) places infront of any movable encroacment upon the ground level of any street or over or on any sewer, drain or water course or erects any movable overhanging strcture projecting into the street at a point above the said ground level; or\n(b) takes up or after the pavement or other materials or the fences or posts of any street:or\n(c) deposits building materials, goods sale or other article or merchandise or any street or\n(d) makes any hold or excavation in or under any street, or removes materials from beneath any street so as to cause risk of subsidence\n\nshall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 3940
},
{
"number": "151",
"title": "Section 151(2)",
"chapter": null,
"content": "(2) The Municipality may-\n(i) summarily remove or cause to be removed by the police any such movable encraachments or overhanging structures and any such materials goods or articles of merchandise: and\n(ii) take action summarily to restore the street to the condition it was in before any such afteration, excavation or damage.\n\nwas in expences or such restoration shall be recoverable from the offender.",
"footnote": "",
"is_definition": false,
"sort_order": 3950
},
{
"number": "397",
"title": "Explanation",
"chapter": null,
"content": "Explanation: For the purposes of this section movable encroachment: includes a seat or settle, and movable overhanwing structure includes and awning or any material.",
"footnote": "",
"is_definition": false,
"sort_order": 3960
},
{
"number": "152",
"title": "Section 152",
"chapter": null,
"content": "152. In case 10 which the provisions of section 150 or section 151 do not apply the Municipality may, subject to the payment of reasonable compensation by notice require the owner or occupier of any building in the municipal area to remove or alter any balcony projection, structure or verandah verhanging any street or promecting into or encroaching on any street, or any drain sewer or aqeuduct theirin.",
"footnote": "",
"is_definition": false,
"sort_order": 3970
},
{
"number": "153",
"title": "Section 153(1)",
"chapter": null,
"content": "153.(1) If any building or part of a building projects beyond the regular line of a street. either existing or determined on for the future, or eyond the front of the building on either side thereof, the Municipality may when ever such building or part has been either enitirely or in greater part taken down or has fallen down by notice, require such building or part when being be rebuilt to be set back to or towards the said regular line or the front of the adjoining buildings; and the portion of the land added to the street by such setting back shall become part of the street and shall vest in the Municipality:\n\nProvided that the Municipality shall make full compensation to the owner for any damage which he may sustain in consequence of his building or any part thereof being set back.",
"footnote": "",
"is_definition": false,
"sort_order": 3980
},
{
"number": "153",
"title": "Section 153(2)",
"chapter": null,
"content": "(2) The Municipality may, on such terms as it thinks fit. allow any building to be set forward for the improvement of the line of the street.",
"footnote": "",
"is_definition": false,
"sort_order": 3990
},
{
"number": "153",
"title": "Section 153(3)",
"chapter": null,
"content": "(3) The provisions of this section shall apply to the rouniing off of dangerous or in convenient street corners.",
"footnote": "",
"is_definition": false,
"sort_order": 4000
},
{
"number": "154",
"title": "Section 154",
"chapter": null,
"content": "154. A Municipality may attach to the outside of any building in the municipal area brackets for lamos in such manner as not to occasion any injury to such building or other inconvenience",
"footnote": "",
"is_definition": false,
"sort_order": 4010
},
{
"number": "155",
"title": "Section 155",
"chapter": null,
"content": "155. Whoever, without being authorised by the Municipality, defaces or distrubs any municipal direction-pas or lamp, or extinguishes any municipal Light in any public place, ulhall be punishable with fine which may extend to ten rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4020
},
{
"number": "156",
"title": "Section 156",
"chapter": null,
"content": "156. Whoever without the consent of the owner or occupier of other person for the time being incharge affixes any posting bill notice placard or other paper or means of advertisement against or upon any building wall tree board fence or pole in municipal area or writes upon soil def or marks any such building wall free board fence or pole with chalk or paint or in any other way whatsoever shall be punishable with fine which may extend to twenty reupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4030
},
{
"number": "157",
"title": "Section 157(1)",
"chapter": null,
"content": "157. (1) A Municipality may cause a name to be given to any street and a name-plate to be affixed on any building therein in such place as it may think fit and may also cause numbers to be fixed to buildings in the municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 4040
},
{
"number": "157",
"title": "Section 157(2)",
"chapter": null,
"content": "(2) Whoever destroys pulls down or defaces any name or number affixed to any street or building under this section or puts up any different name or number from that put up by other of the Municipality shall be punishable with fine which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4050
},
{
"number": "158",
"title": "Section 158",
"chapter": null,
"content": "158. Whoever withour the permission of the municipality pickets animals or collects carts on any street or uses any screet as a halting place for vehicles or animals of any description or a place or encampment or causes or permits animals to stray therein shall be punishable with fine which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4060
},
{
"number": "159",
"title": "Section 159",
"chapter": null,
"content": "159. Whoever between such hours as nay be prescribed by bye-laws drives or propels in any streets any vehicle which is not not properly supplied with light shall be punishable with fine Which may extend to twenty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4070
},
{
"number": "160",
"title": "Section 160(1)",
"chapter": null,
"content": "160. (1) Whoever in a street--\n(a) exposes goods for sale so as to cause obstruction:\n(b) negligently lets loose any animal or suffers any ferocious dog to be at large without a muzzle or sets on o urnes any dogs or any animal to attack wormy or put in a fear any person or cattle; or\n(c) begs importunately for alms or exposes or exhibits with the object or exciting charity or of exhorting alms any sores wounds bodily aliment or deformity:\n(d) willfully and indecently exposes his person or commits a nuisence by easing himself or omits to prevent any child under his care or custody from committing such nuisance or\n(e) is found drunk and incapable of taking care of himself or shall be punishable with fine Which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4080
},
{
"number": "160",
"title": "Section 160(2)",
"chapter": null,
"content": "(2) Whoever cruelly beats ill-treats tortures or drives rides or otherwise uses any animals in an unfit stste to be so driven, ridden or used. shall be punishable with imprisonment Which may extend to eight days or with fine Which may extend to one hundred rupees or with both.",
"footnote": "",
"is_definition": false,
"sort_order": 4090
},
{
"number": "160",
"title": "Section 160(3)",
"chapter": null,
"content": "(3) Provisions of this section shail be in addititon to and not derogation of any other law for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 4100
},
{
"number": "161",
"title": "Section 161",
"chapter": null,
"content": "161. For the purpose of this Chapter a person is said to re-erect a building Who makes any material alteration or enlargement of a building or any part there of.",
"footnote": "",
"is_definition": false,
"sort_order": 4110
},
{
"number": "413",
"title": "Explanation",
"chapter": null,
"content": "Explanation: An alteration in a building shall be deemed to be material, if it\n(a) affects or is likely to affect prejudicialy the stability or saftey of the building of the conditionof the building in respect of drainage, ventilation, sanitation or hygiene or\n(b) Increase or diminishes the height or cubical capacity of or the area covered by the building or reduces the cubical capacity of any room in the building below the minimum prescribed in any bye-law or\n(c) converts into a place for human habitation a building or part of a building originally constructed for other purposes, or\n(d) involes the addition of any rooms, out-houses or other sturctures to any building, or\n(e) involes the constructions in a wall adjoining any land not belonging to the owner of the wall of a door opening on to such land, or\n(f) is in alteration of any kind Which has been declared by any bye-laws to be a material alteration.",
"footnote": "",
"is_definition": false,
"sort_order": 4120
},
{
"number": "162",
"title": "Section 162(1)",
"chapter": null,
"content": "162. (1) No person shall erect or re-erect or commence to erect re-ercet any building in a municipal area without the sanction of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 4130
},
{
"number": "162",
"title": "Section 162(2)",
"chapter": null,
"content": "(2) Every person Who intends to erect or re-erect any building shall give notice in writing to the Municipality of such intention.",
"footnote": "",
"is_definition": false,
"sort_order": 4140
},
{
"number": "162",
"title": "Section 162(3)",
"chapter": null,
"content": "(3) The Municipality may, by bye-laws,\n(a) prescribe the manner in Which notice of the intention to erect or re-rect a building shall be given to the Municiaplity; and\n(b) require that with every such notice there shall be furnished a site plan of the land on Which it is intended to erect or re-erect such building and a plan and specification of the building of such character and with such details as the bye-laws may require in respect of all or any of the following matter: namely:\n(i) the free passage or way to be left in front of the building;\n(ii) the space to be left about the building of secure free circulation of air and to facilatate scavenging and for the prevention of fire;\n(iii) ventilation, and the provision and position of drains, privies, latrines, urinals or cesspools;\n(iv) the level and with of the foundation, the level of the lowest floor, and the stability of the structure; and\n(v) the line of frontage with neighbouring building, if the building abuts on a street.",
"footnote": "",
"is_definition": false,
"sort_order": 4150
},
{
"number": "162",
"title": "Section 162(4)",
"chapter": null,
"content": "(4) Where bye-laws have been framed under this section, on notice under sub-section (2) shall be valied until the information if any required by such bye-laws has been furnished to the satisfaction of the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 4160
},
{
"number": "163",
"title": "Section 163",
"chapter": null,
"content": "163. A Municipality may, by bye-laws, make bye-regulate in respect of the erection or re-erection of any building within the municipal area or any part thereof-\n(a) the materials and method of construction to be used for external and party walls, roofs. floors, fire-places and chimneys;\n(b) the materials and method of construction and position of fore-places chimneys, drains prives, urinals and cesspools;\n(c) the height and slope of the roof above the uppermost floor upon Which human beings are to live or cooking operation are to be carried on;\n(d) the ventilation and the space to be left about the building to secure the free circulation of air and for the prevention of fire;\n(e) the line of frontage where the building abuts on a street;\n(f) the number and height of the storeys of which the building may consists; and\n(g) the means to be provided for egress from the building in case of fire.",
"footnote": "",
"is_definition": false,
"sort_order": 4170
},
{
"number": "164",
"title": "Section 164",
"chapter": null,
"content": "164. In any case in which no bye-laws have been made under sub-section (3) of section 162 the Municipality may, within fourteen days of the recipt of the notice referred to in sub-section (2) of that section, require a person Who has given such notice to furnish, within one week of the receipt by him of the requisition. informetion on all or any of the matters as to which bye-laws might have been made and in such case the notice shall not be valid until such information has been furnished.",
"footnote": "",
"is_definition": false,
"sort_order": 4180
},
{
"number": "165",
"title": "Section 165",
"chapter": null,
"content": "165. A Municiaplity may, by resolution dispence with the observance of any or all of the bye-laws made under sub-section (3) section 162 in regard to the erection or re-erection of any building specified in the resolution:\n\nProvided that no such resolution shall be proposed except with the previous sanction of the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 4190
},
{
"number": "166",
"title": "Section 166",
"chapter": null,
"content": "166 Within one month after the recipt of the notice required by sub-section 162 the Municipality may refuse to sanction refuse the building or may sanction it either absolutely or such modifications as it thinks fit in respect of all or any of the matters specified in sub-section (3) of that section and the person erecting or re-erecting any such building shall comply with the sanction of the Municipality Municipality as granted in every particular:\n\nProvided that if the Municipality neglects or omits, for two months after the receipt of a valid notice to make and deliver to the person who has given such notice an order of sanction or refusa in respect thereof, it shall be deemed to have sanctioned the proposed building absolutely.",
"footnote": "",
"is_definition": false,
"sort_order": 4200
},
{
"number": "422",
"title": "Explanation",
"chapter": null,
"content": "Explanation- The Municipality may refuse to sanction the erection or re-erection or any building either on grounds affecting the particular building or in pursuance of a general scheme sanctioned by the Administrator restricting the erection or re-rection of buildings or any class of buildings within specified limits for the prevention of overcrowding or in the interest of the residents within such limits or for any other public purpose and sanction may also be refused in any case in which there is any dispute between the Municipality and the applicant as the land on which is it proposed to erect the building until such dispute is decided.",
"footnote": "",
"is_definition": false,
"sort_order": 4210
},
{
"number": "167",
"title": "Section 167",
"chapter": null,
"content": "167. Every sanction for the erection or re-erection of a building which is given or deemed to have given by a Municipality shall remain in force for one year only only from the date of such sanction and if the erection or reretion of the building is not commenced within the said period of one year, the sanction shall be deemed to have lapsed:\n\nProvided that such lapse shall not bar any subsequent application fresh sanction under the forgoing provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 4220
},
{
"number": "168",
"title": "Section 168",
"chapter": null,
"content": "168. If the erection or re-erection of a building is begun or continued-\n(a) Without sanction an required by sub-section (1) of section 162 or\n(b) Without notice as required by sub-section (2) of section 162 or\n(c) after sanction has been refused or\n(d) in contravention of the terms of any sanction granted or\n(e) after the sanction has lapsed or\n(f) any contravention of any bye-law made under section 163 the Municipality may by notice to be delivered within a reasonable time require the building to be altered or demolished as it thinks necessary within a space of thirty days from the date of services of such notice:\n\nProvided that no such notice shall issue in respect of the contravention of any bye-law the observane of which has been dispensed with under section 165:\n\nProvided further that the Municipality pay instead of requiring the alterration or demolition of any such building accept by way of compensation such sum as it thinks reasonable.",
"footnote": "",
"is_definition": false,
"sort_order": 4230
},
{
"number": "169",
"title": "Section 169(1)",
"chapter": null,
"content": "169.(1) No compensation shall be claimable by an owner for any damage which he may sustain consequence of a refusal to sanction this erection of any building.",
"footnote": "",
"is_definition": false,
"sort_order": 4240
},
{
"number": "169",
"title": "Section 169(2)",
"chapter": null,
"content": "(2) The Municipality shall make full compensation to the owner of any damage which may sustain in consequence of a refusal to sanction the re-erection of any building:\n\nProvided that the Municipality shall not be liable to make any compensation in respect of a refusal to sanction there erection of a building which for a period of three years or more immediately preceding such refusal has not existence or has been unfit for human habitation.",
"footnote": "",
"is_definition": false,
"sort_order": 4250
},
{
"number": "170",
"title": "Section 170",
"chapter": null,
"content": "170. Any person authorised by the Municipality in this behalf nay-\n(a) after giving twenty-four hours notice to the occupier or if there be no occupier to the owner of any building or land in a Municipal area at any time between sunrise and sunset enter inspect and measure the building or land for the purpose of valuation; and\n(b) enter and inspect any stable coach house or other place where-in there is reason to believe that there is any vecicle or animal liable to tax in under this Regulation or for which a licence has not been duly taken out.",
"footnote": "",
"is_definition": false,
"sort_order": 4260
},
{
"number": "171",
"title": "Section 171(1)",
"chapter": null,
"content": "171.(1) Any person authorised by the Municipality in this behalf may, enter between sunrise and sunset any building or land in a Municipal area and inspect any drain, privy, latrine, urinal cesspool, cable, wire pipe, sewer or channel theirin or thereon and cause the ground to be opened where such person thinks fit for the purpose of preventing or removing any nuisance arising from the drain privy, urinal, latrine cesspool. cable wire, pipe, sewer or channel.",
"footnote": "",
"is_definition": false,
"sort_order": 4270
},
{
"number": "171",
"title": "Section 171(2)",
"chapter": null,
"content": "(2) If on such inspection it appears that the opening of the ground was necessary for the prevention or removal of a nuisance and expences thereby incurred shall be paid by the owner or occupier of the land or building but if it is found that no nuisance exists er but for such opening would have arisen the ground or portion of any building drain or other work (if any) opened injured or removed for the purpose of such inspection shall be filled in reinstated and made by the Municipality.",
"footnote": "",
"is_definition": false,
"sort_order": 4280
},
{
"number": "171",
"title": "Section 171(3)",
"chapter": null,
"content": "(3) No building other than a latrine urinal or privy shall be entered under this section until six hours notice in writting has been given to the occupier of the building by the Municipality or by the person authorised by the Municipality to make the entry.",
"footnote": "",
"is_definition": false,
"sort_order": 4290
},
{
"number": "172",
"title": "Section 172",
"chapter": null,
"content": "172. Any person authorised by the Municipality in this behalf may after giving three hours notice to the occupier or if there be no occupier to the owner of any building in Municipal area enter and inspect it all any time between sunrise and sunset where such inspection appears necessary for sanitary reasons:\n\nProvided that if the building to be inspected is a stable for horses or a house or such for cows or other cattle previous notice shall not be required before inspection.",
"footnote": "",
"is_definition": false,
"sort_order": 4300
},
{
"number": "173",
"title": "Section 173",
"chapter": null,
"content": "173. Any person authorised by the Municipality in this behalf may after giving twenty four hours notice to the occupier or if there be no building occupied to the owner of any building or land in aMunicipal area at any time between sunrise and sunset-\n(a) enter and survey or take levels or measurements on the building or land;\n(b) enter the building or land for the purpose of examing works under construction or ascertaining the course of sewers of drains or of executing or repairing any work which the Municipality is by this Regulation empowered to execute or to maintain; or\n(c) enter the buildings or land for the purpose of inspecting or repairing water or other installations or for taking readings of meters connected therewith.",
"footnote": "",
"is_definition": false,
"sort_order": 4310
},
{
"number": "174",
"title": "Section 174",
"chapter": null,
"content": "174. If here are reasonable grounds for believing that any animal has been is being or is about to be slaughtered for sale in a Municipal area in any place or premises not appointed for such purpose under section 120 or in contravention of any bye-law the Municipality by any person authorised by it in this behalf may at all reasonable times enter into and respect any such place or premises.",
"footnote": "",
"is_definition": false,
"sort_order": 4320
},
{
"number": "175",
"title": "Section 175",
"chapter": null,
"content": "175. Any person authorised by the Municipality in this behalf may at any time between sunrise and sunset enter any building or premises situated in a Municipal area in which any infections of contagious disease is reputed or suspected to exist for the purposes of insecting such building or premises.",
"footnote": "",
"is_definition": false,
"sort_order": 4330
},
{
"number": "176",
"title": "Section 176(1)",
"chapter": null,
"content": "176. (1) A Municipality may authorise person to exercise the powers of entry conferred by the foregoing sections of this chapter either generally in regard to all buildings and lands, or particularly in regard to specified buildings or lands o classes of buildings or lands.",
"footnote": "",
"is_definition": false,
"sort_order": 4340
},
{
"number": "176",
"title": "Section 176(2)",
"chapter": null,
"content": "(2) When any building used as human dwelling is entered under this Regulation due regard shall be paid to the special and religious sentiments of the occupiers and before any apartment in the actual a occupancy of any woman who according to custom does not appear in public is entered under this Regulation notice shall be given to her that she is at liberty to withdraw and every reasonable facility shall be afforded to her for withdrawing.",
"footnote": "",
"is_definition": false,
"sort_order": 4350
},
{
"number": "177",
"title": "Section 177",
"chapter": null,
"content": "177. When any notice under this Regulation requires any act to be done which no time is fixed by chis Regulation it shall fix reasonable time for loing the same.",
"footnote": "",
"is_definition": false,
"sort_order": 4360
},
{
"number": "178",
"title": "Section 178(1)",
"chapter": null,
"content": "178. (1) Every notice issued by a Municipality under this Regulation shall be in writing, signed by the chairperson a vice chairperson the secratar or of any other person specially authorised by the Municipality in that behalf and may be served on the person to whom it is addressel or delivered or left at this usual place axode or business with some aduit male member servant of his family, or, if it cannot be so served, may be affixed to some conspicuous part of his place of abode or business.",
"footnote": "",
"is_definition": false,
"sort_order": 4370
},
{
"number": "178",
"title": "Section 178(2)",
"chapter": null,
"content": "(2) When the place of abode or business of the persons to Whom the notice is addressed is not within the limits of the Municipal area, the notice may be served by posting it addressed to his usual place of abode.",
"footnote": "",
"is_definition": false,
"sort_order": 4380
},
{
"number": "178",
"title": "Section 178(3)",
"chapter": null,
"content": "(3) if the owner of any property has no place of abod or business within the Municipal area, every sach notice addressed to him as such owner, may be served on the occupier.",
"footnote": "",
"is_definition": false,
"sort_order": 4390
},
{
"number": "178",
"title": "Section 178(4)",
"chapter": null,
"content": "(4) When the place of abode or business of the occupier of any property is not known every notice addressed to him as such occupier, may be served by affixing it to some conspicousus part of the property.",
"footnote": "",
"is_definition": false,
"sort_order": 4400
},
{
"number": "178",
"title": "Section 178(5)",
"chapter": null,
"content": "(5) No notice issued by the municipality under this Regulation shall be invalid for defect of form.",
"footnote": "",
"is_definition": false,
"sort_order": 4410
},
{
"number": "179",
"title": "Section 179",
"chapter": null,
"content": "179. Whenever it is provided by or under this Regulation that the notice may be given to the owner or ccupier of any land or building and the owner and occopier are different persons such notice shall be given to that one of them Who is primarily liable to comply with such notice, and in case of doubt to both of them:\n\nProvided that in any such case, Where their is no owner resident within the municipal area, the delivery of such notice to the occupier shall be sufficient.",
"footnote": "",
"is_definition": false,
"sort_order": 4420
},
{
"number": "180",
"title": "Section 180",
"chapter": null,
"content": "180. When any notice is, by or under this Regulation, required to be given to or served on the owner or occupier of any property and he is unknown, it may be given or served\n(a) by delivering a written notice to some person on the property, or if there is no person on the property to whom it can be delivered, by affixing it to some conspicuous part of the property; or\n(b) by posting a pre-paid letter containing a written notice and addressed by the description of the \"owner\" or \"occupier\" of the property (naming it) in respect of which the notice is given, without further name or description.",
"footnote": "",
"is_definition": false,
"sort_order": 4430
},
{
"number": "181",
"title": "Section 181",
"chapter": null,
"content": "181. Every public notice given by a Municipality under this Regulation shall be published by proclamation or in such other manner as the Administrator may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 4440
},
{
"number": "182",
"title": "Section 182",
"chapter": null,
"content": "182. Whoever disobays any lawful direction given or prohibition imposed by a Municipality by public notice under this Regulation or any written notice lawfully issued by it there under, or fails to comply with the condition subject to which permission was given by the Municipality to him thereunder, shall if the disobedience or failure is not an offence punishable under any other section, be punishable with fine which may extend to fifty rupees and in the case of continuing disobedience of failure with a further fine which may extend to fine which may extend is fifty rupees and the cash of continuing disobedience of failure with a further fine which may extend to five rupees for every subsequent day during which disobedience or failure continues:\n\nProvided that, when the notice fixes a time within which a ceatain act to be done and no time is specified by or under this Regulation, no penalty shall be incurred by reason of such disobedience or failure if, in the openion of the court trying the case, the time so fixed was not a reasonal le time;",
"footnote": "",
"is_definition": false,
"sort_order": 4450
},
{
"number": "183",
"title": "Section 183",
"chapter": null,
"content": "183. Whenever the terms of any notice issued this Regulation have not been complied with the Municipality may, after six hours furhter notice, cause the act to be done by its officers.",
"footnote": "",
"is_definition": false,
"sort_order": 4460
},
{
"number": "184",
"title": "Section 184",
"chapter": null,
"content": "184. Any person willfully obstructing the Municipality or any officer or servant of a Municiaploty or any authorised by a Municipality in the xercises of any power conferred by or under this Regulation, shall be punishable with fine which may extend to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4470
},
{
"number": "185",
"title": "Section 185(1)",
"chapter": null,
"content": "185. (1) Where, under this Regulation, the owner or occupier of any property is required by a Municipality to execute any work and default has been made in complying with the requirement and the Municipality has executed the work the Municipality may recover the cost of the work from the person in default.",
"footnote": "",
"is_definition": false,
"sort_order": 4480
},
{
"number": "185",
"title": "Section 185(2)",
"chapter": null,
"content": "2) Where any money recoverable by the Municipality under this section is payable by the owner of the property, it shall be a charge there on and shall recoverable as if it were a tax levied by the Municiapality on the property.",
"footnote": "",
"is_definition": false,
"sort_order": 4490
},
{
"number": "186",
"title": "Section 186(1)",
"chapter": null,
"content": "186.(1) A Municipality may make compensation out of the Municipal Fund to any person sustaining any damage by reason of the exercise of any of the powers vested in it or its officers or servants under this Regulation, and shall make such compensation where the damage was caused by its negligence of its officers or servants and the person sustaining the damage was not himself in default in the matter in respect of which the power was exercised.",
"footnote": "",
"is_definition": false,
"sort_order": 4500
},
{
"number": "186",
"title": "Section 186(2)",
"chapter": null,
"content": "(2) If any dispute arises regarding the amount of any compensation which the Municipality is required by this Regulation to pay for injury to any building or land it shall be settled in such manner as the parties may agree, or in default of agreement in the manner provided by the Land Acquisition Act 1894 with reference to the acquisition and payment of compensation for land for public purpose so as the provisions of that Act can be made applicable.",
"footnote": "",
"is_definition": false,
"sort_order": 4510
},
{
"number": "187",
"title": "Section 187(1)",
"chapter": null,
"content": "187.(1) Any person aggrieved-\n(a) by the refusal of a Municipality under section 166 to sanction the erection or re-erection of a building; or\n(b) by a notice from a Municipality under section 168 requiring the alteration or demolition of a building;\n\nmay appeal within thirty days from the date of such notice or refusal, to such officer as the Administrator may appoint in this behalf or failing such appointment to the Deputy Commissioner but no such notice or refusal shall be liable to be called in question otherwise than by such appeal.",
"footnote": "",
"is_definition": false,
"sort_order": 4520
},
{
"number": "187",
"title": "Section 187(2)",
"chapter": null,
"content": "(2) The appeallate authority may, it if thinks fit extend the period allowed by sub-section (1) for appeal. ing the notice or refusal appealed from shall be final:\n\nProvided that the notice or refusal shall not be modified or set aside until the appellant and the Municipality have had a reasonable opportunity of being heard.",
"footnote": "",
"is_definition": false,
"sort_order": 4530
},
{
"number": "188",
"title": "Section 188",
"chapter": null,
"content": "188. When any order of a kind referred to in section 182 or section 185 is subject to appeal and an appeal with has being instituted against it all proceedings to enforce such order & all prosecutions for any contravention thereof or non-compliance there with shall be suspended pending the decision of the appeal and if such order is set aside on appeal, disobedience thereto shall not be deemed to be an offence.",
"footnote": "",
"is_definition": false,
"sort_order": 4540
},
{
"number": "189",
"title": "Section 189(1)",
"chapter": null,
"content": "189.(1) Every police officer shall give immediate information to the Municiaplity of any offence made punishable by or under this Regulation and shall be bound to assist all members, officers & servants of the Municipality in the exercise of their lawful authority.",
"footnote": "",
"is_definition": false,
"sort_order": 4550
},
{
"number": "189",
"title": "Section 189(2)",
"chapter": null,
"content": "(2) Any police officers may, without an order from a Magistrate and without a warrant arrest any person committing in his view any offence made punishable by or under this Regulation if--\n(a) the name and address of such person are unknown to such officers and\n(b) such person declines to give his name and address, or there is reason to doubt the accuracy of the nam and address, if given.",
"footnote": "",
"is_definition": false,
"sort_order": 4560
},
{
"number": "189",
"title": "Section 189(3)",
"chapter": null,
"content": "(3) A person arrested under this section may be detained until his name and address have being correctly ascertained:\n\nProvided that no person so arrested shall be detained for a longer period than may be necessary for bringing him before a Magistrate and that such period shall not exceed twenty-four hours except under the order of a Magistrate for his detention.",
"footnote": "",
"is_definition": false,
"sort_order": 4570
},
{
"number": "190",
"title": "Section 190",
"chapter": null,
"content": "190. Unless otherwise expressly provided no Courts all take cognizance of any offences made punishable by or under this Regulation except on the complaint of or upon information received from the Municipality or some person authorised by the Municipality in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 4580
},
{
"number": "191",
"title": "Section 191(1)",
"chapter": null,
"content": "191.(1) A Municipality or any of its officers authorised in this behalf may accept from any person against whom a reasonable suspicion exist that he has committed an offence made punishable by or under this Regulation a sum of money by way of composition for such offence.",
"footnote": "",
"is_definition": false,
"sort_order": 4590
},
{
"number": "191",
"title": "Section 191(2)",
"chapter": null,
"content": "(2) On payment of such sum of money, the suspected person if in custody, shall be discharged, and no further proceedings shall be taken against him in regard to offence or alleged offence so compounded for.",
"footnote": "",
"is_definition": false,
"sort_order": 4600
},
{
"number": "191",
"title": "Section 191(3)",
"chapter": null,
"content": "(3) Sums paid by way of composition under this section shall be credited to the Municipal Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 4610
},
{
"number": "192",
"title": "Section 192",
"chapter": null,
"content": "192. No Judge or Magistrate shall be deemed to be a patry to or personally Regulation or any other law. within the meaning of section 479 of the Codes of Criminal Procedure 1973, by reason only that he is a member of the Municipality by the order or under the authority, of which such prosecution has been instituted.",
"footnote": "",
"is_definition": false,
"sort_order": 4620
},
{
"number": "193",
"title": "Section 193",
"chapter": null,
"content": "193. Where any person is convicted of any offence made punishable by or under this Regulation the Magistrate may direct that such cost of the prosecution and such compensation for any damage which may have been caused to any municipal property in the commission of such offence shall be paid by such person and any sum so ordered to be paid shall be recoverable as if it were a fine and be credited to the Municipal Fund.",
"footnote": "",
"is_definition": false,
"sort_order": 4630
},
{
"number": "194",
"title": "Section 194",
"chapter": null,
"content": "194. No suits shall be instituted against a Municipality or against any member, officer or servant of a Municipality in respect of any act perporting to be done in its or his official capacity until the expiration of one month next after notice in writing has been, in the case of a Municipality delivered or left at its office, and in the case of an officer or servant delivered to him or left at his office or place of abode, stating the cause of action and the name and place of abode of the intending plaintiff:\n\nProvided that nothing in this section applied to any suit instituted under section 54 of the specific Relief Act 1877.",
"footnote": "",
"is_definition": false,
"sort_order": 4640
},
{
"number": "195",
"title": "Section 195(1)",
"chapter": null,
"content": "195.(1) Any tax rate, cess or fee (other than a school fee) and any costs, damages or compensation or other monies payable. or claimable or recoverable by a Municipality under this Regulation or any rule or bye-law may, after a demand has beer made therefor in the manner prescribed by rules made by Administrator, be recovered, on application to the Collector of the district, as arrears of land-revenue, that is to say by the distress and sale of any movable property, or by attachment of immovable property. belonging to such person:\n\nProvided that nothing in this section shall prevent the Municipality in its discretion, from suing for the amount payable in any compotent Civil Court.",
"footnote": "",
"is_definition": false,
"sort_order": 4650
},
{
"number": "195",
"title": "Section 195(2)",
"chapter": null,
"content": "(2) If any property, movable or immovable is sold under the provisions of this Regulation and there is, afterpayment of the amount due to the Municipality, any surplus from the sale proceeds, such surplus shall, if the owner of the property sold claims it within six months from the date of the sale, be paid to him by the Municipality, but if no such claim is prefered within such time. the said surplus shall be credited to the Municipal Fund, and no suit shall lie for the recovery thereof.",
"footnote": "",
"is_definition": false,
"sort_order": 4660
},
{
"number": "195",
"title": "Section 195(3)",
"chapter": null,
"content": "(3) no distress attachment of sale made or held under this Regulation shall be deemed unlawful, nor shall any person making or holding the same be deemed to be trespasser, on account of any error, defect, or want of form in any bill, nctice, schedule, form, notice of demand, warrant of distress of attachment in ventory or other proceeding relating there to if the provisions of this Regulation have been in substance and effect complied with:\n\nProvided that any person aggrieved by any irregular ty may recover satisfaction for any damage sustained by him arising there from.",
"footnote": "",
"is_definition": false,
"sort_order": 4670
},
{
"number": "196",
"title": "Section 196(1)",
"chapter": null,
"content": "196.(1) There shall be constituted for all the districts in the Union territory, a District Planning Committee to consolidate the plane prepared by the Panchayats, Municipalities and the tribal administrative bodies in the areas notified under sub-section (1) of section 3 of the Andaman and nicobar Islands (Protection of Aboriginal Tribal) Regulation, 1956, and to prepare a draft development plan for the Union territory.",
"footnote": "",
"is_definition": false,
"sort_order": 4680
},
{
"number": "196",
"title": "Section 196(2)",
"chapter": null,
"content": "(2) The District Planning Committee shall consist of,-\n(a) the Adhyaksha of the Zilla Parishad who shall be the Chairperson;\n(b) the Chairperson of the Municipality;\n(c) the Member of Parliament for the Union Territory;\n(d) sich number of persons not less than four-fifths of the total number of members of the Commitee as may be specified by the Administrator shall be elected by and from amongst the elected members of Zilla Parishad and the Municipality in proportion to the ratio between the population of the Zilla Parishad and of the Municipalities in the districts including such number of persons Chosen in such manner as the Administrator may by order published in the Official Gazette determine from among the following namely:-\n(i) six persons from among the tribal residents in the Car Nicobar tehsil;\n(ii) Four persons from the tribal residents in the Nancowry tehsil (excluding Great Nicobar);\n(e) one person belonging to any of the Scheduled Tribes of the Andamanees Onges or Shompens to be nominated by the Administator;\n(f) secretary to the Union territory incharge of planning;\n(g) secretary to the Union territory incharge of Finance;\n(h) secretary to the Union territory incharge of local self-covernment;\n(i) The Chief Executive Officer of the Zilla Parishad Secretary-ex-officio.",
"footnote": "",
"is_definition": false,
"sort_order": 4690
},
{
"number": "196",
"title": "Section 196(3)",
"chapter": null,
"content": "(3) The District Planning Committee shall prepare a draft Development Plan,-\n(a) having regard to,\n(i) matters of common interest between the Panchayats, Municipalities, reserved area, municipal area and other areas including spatial planning sharing of water and other physical and natural resources, integrated development of infrastructure and environmental conservation;\n(ii) the extent and type of available resources whether financial or otherwise;\n(b) consult such institutions and organisations as the Administrator may by order specify.",
"footnote": "",
"is_definition": false,
"sort_order": 4700
},
{
"number": "196",
"title": "Section 196(5)",
"chapter": null,
"content": "(5) The Chairperson of the District Planning Committee shall forward the Development Plan as recommended by such, committee to the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 4710
},
{
"number": "197",
"title": "Section 197(1)",
"chapter": null,
"content": "197.(1) The Administrator and the Deputy Commissioner acting under the orders of the Administrator shall be bound to require that the proceedings of in Municipality shall be in conformity with the law for the time being in force.",
"footnote": "",
"is_definition": false,
"sort_order": 4720
},
{
"number": "197",
"title": "Section 197(2)",
"chapter": null,
"content": "(2) The Administrator may ecercise all powers necessary for the performance of this duty and may, among other things, by order inwriting annual or modify any proceedings of a Municipality which he may consider not to be in conformity with law.",
"footnote": "",
"is_definition": false,
"sort_order": 4730
},
{
"number": "197",
"title": "Section 197(3)",
"chapter": null,
"content": "(3) The Deputy Commissioner may, for the same purpose, exercise such powers as may be conferred upon him by the Administrator.",
"footnote": "",
"is_definition": false,
"sort_order": 4740
},
{
"number": "198",
"title": "Section 198",
"chapter": null,
"content": "198. The Administrator may, by order in writing-\n(1) suspend or cancel any resolution passed, or issued, or licence or permission granted, or\n(ii) prohibit the doing of any act which is about to be done or is being done. in pursuance or under colour or this Regulation, if, in his opinion,\n(a) such resolution, order, licence, permission or act has not been legally passed, issued, granted or authorised, or\n(b) such resolution, order, licence, permission of act is in excess of the powers conferred by this Regulaiton or any other law. or\n(c) the execution of such resolution order, the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health, or safety, or is likely to lead to a riot or an affray:\n\nProvided that the Administrator shall before taking action under this section on any of the grounds referred to in clauses (a) and (b) give the authority or person concerned an opportunity for an explanation.",
"footnote": "",
"is_definition": false,
"sort_order": 4750
},
{
"number": "199",
"title": "Section 199(1)",
"chapter": null,
"content": "199.(1) If, in the opinion of a Administrator the Municipality, persistently makes default in the performance of the duties imposed on ot by or under this Regulation or exceeds or abuses its powers, the Administrator may by an order published, together with a Statement or reasons therefore, in the Official Gazette dissolve the Municipality:\n\nProvided that the Municipality shall be given a reasonable opportunity of being heard before its dissolution.",
"footnote": "",
"is_definition": false,
"sort_order": 4760
},
{
"number": "199",
"title": "Section 199(2)",
"chapter": null,
"content": "(2) When the Municipality is dissolved by an order under sub-section(1)-\n(a) all members shall, on the date of the dissolution, vacate their office as such members and the persons referred to in clause (a) of sub-section (2) of section 9 shall cease to be represented in the Municipality;\n(b) during the period of dissolution of the Municipality, all powers And duties conferred and imposed upon the Municipality by or under this Regulation or any other law, shall be excercised and performed by such officer or authority as the Administrator may appoint in that behalf; end\n(c) all property and rights vested in the Municipality shall until it is reconstituted, vest in the Government.",
"footnote": "",
"is_definition": false,
"sort_order": 4770
},
{
"number": "200",
"title": "Section 200",
"chapter": null,
"content": "200. If any dispute, for the decision of which this Regulation does not otherwise provide arises between two or more Municipalities or between any Municipality and any other authority, the matter shall be referred to the Administrator whose decision shall be final.",
"footnote": "",
"is_definition": false,
"sort_order": 4780
},
{
"number": "201",
"title": "Section 201",
"chapter": null,
"content": "201. A Municipality may by bye-laws-\n(a) render licences necessary for the proprietors or drivers of vehicles or animal kept pr plying for hire withthe limits of the municipal area, and fix the fees payable for such licences and the conditions on which they shall be granted and may be removed, and may by such conditions provide among other things for a minimum breadth for wheel tyres tor a minimum diameter of the wheels;\n(b) limit the rates which may be demanded for the hire of any carriage, cart of ather conveyance, or of animals hired to carry loads or persons, or for the services of persons hired to carry loads to be carried by such conveyances animals or persons when hired within the municipal area for a period not exceeding twenty four hours;\n(c) provide for the proper registration of births marriages and deaths and for the taking of a census;\n(d) provide-\n(i) for the registration and inspection of such buildings;\n(ii) for promoting cleanliness and ventilation in such buildings;\n(iii) for the notices to be given and the case of any informations of contagious disease breaking cut precautions to be taken in the in such buildings;\n(iv) in the case of hotel, sarais lodging-houses and residential clubs, for the maintenance of registers in such form as the Municipality may prescribe, of visitors and lodgers and\n(v) generally for the proper regulation of such buildings;\n(e) provide-\n(1) for the inspection and proper regulation of encamping grounds, pounds, seraiss, hotels, resturant, Lodging houses, tea-stalls, confectioneries bakeries aerated water factories ice-factories, dhobie chats, flourmills and slaughter houses;\n(ii) for the inspection and proper regulation of municipal markets, for the preparation and exhibition of a list current prices and for fixing the fees rents and other charges to be levied in such markets;\n(iii) for the holding of fairs and industrial exhibitions within the municipal area or under of the control of the Municipality and for the collection of fees under section 140;\n(iv)for controlling and regulating the use and management of burial and burning-grounds and\n(v) for the supervision, regulation and protection from pollution of public wells, tanks springs or of her sources from which water is or without the municipal area;\n(f) require and regulate the appointment by owners of buidings or land in the municipal area who are not resident in the municipal area of persons resiling within or neer the municiapl area to act as their agents for all or any of the purposes of this Regulation;\n(g) Where the collection of a terminal tax has been sanctioned fix terminal tax limits for the purpose of collecting the some and prescribe routes by which goods, animals or dogs which are subject to such terminal tax may be brought into the municipal area;\n(h) render licences necessary for using premises as stables cow-houses, or houses or enclousres for sheep or goats; and otherwise reuglate keeping of animals within the municipal area;\n(i) In any municipal area where a reasonable number of slaughter houses has been provided or licensed by the Municipality control regulate or prohibit the admission within the municipal area for the purpose of sale of the flesh (other than cured or reserved meat) of any cattle, sheep, goat or swine slaughtered at any slaughter-house or place not maintained or licensed under this Regulation and provide for the seizure, destruction or disposal oftherwise of any flesh brought within the municipal limits in contravention of any such bye-law;\n(j) prohibit the letting of off fire-arms, fireworks, fire balloons or detonators except\n(i) with the permission of the Municipality or of an officer of the Municipality empowered to give such permission;\n(ii) subject to such conditions as the Municipality may impose, and\n(iii) on payment of such fees (if any) as may at any time have been fixed by the Municipality in that behalf;\n(k) regulate the making and use of connections or communications between private houses and premises and mains or service cables, wires, pipes, drains, sewers and other channels established or maintained by the Municipality under any of the provisions of this Regulation;\n(l) regulate the posting of bills and advertisements, and the position, size, shape and style of name-boards, sign-boards and sign-posts;\n(m) provide for and regulate the construction and maintenance of boundary walls, hedges and fences hereafter erected or re-erected so as to about on a public street or upon property vested in the Municipality;\n(n) regulate or prohibit any discription or traffic in the streets;\n(o) prohibit the storage of more than a fixed maximum quantity of any explosive petroleum spirit, naptha or other inflammable material in any building no licensed under section 137;\n(p) provide for the seizure and confiscation of animals straying ownerless within the municipal area;\n(q) provide for the registration of all or any specified classes of dogs, and in particular and without prejudice to the generally of the foregoing\n(i) provide for the imposition of an annual fee for such registration;\n(ii) require that every registered dog shall wear a collar to which shall be attached a medal token to be issued by the Municipality and\n(iii) provide that any dog, not registered and not bearing such token may, if found in any public palce be detained at a place to be set apart for the purpose and shall be liable to be destroyed or otherwise disposed of after such period as may be specified in the bye-law; or\n(r) qererally provide for any matter which may be authorised by the Administrator;",
"footnote": "",
"is_definition": false,
"sort_order": 4790
},
{
"number": "202",
"title": "Section 202(1)",
"chapter": null,
"content": "202.(1) Any power to make bye-laws conferred by this Regulation is conferred subject to the bye-laws being made after previous publication;",
"footnote": "",
"is_definition": false,
"sort_order": 4800
},
{
"number": "202",
"title": "Section 202(2)",
"chapter": null,
"content": "(2) in making any bye-law the Municipality may direct that breach thereto shall be punishable with fine which may extend to fifty rupees and on the case of a continuing breach with a further fine which may extend to five rupees for every subsequent day during which the breach continues:\n\nProvided that in lieu of or in addition to inflicting such fine the Magistrate may require the offende to remedy the mischief so far as within his power;",
"footnote": "",
"is_definition": false,
"sort_order": 4810
},
{
"number": "202",
"title": "Section 202(3)",
"chapter": null,
"content": "(3) No pye-law shall come into force until it has been confirmed by the Administrator and published such manner as the Administrator may describe in this behalf.",
"footnote": "",
"is_definition": false,
"sort_order": 4820
},
{
"number": "202",
"title": "Section 202(4)",
"chapter": null,
"content": "(4) The Administrator may in confirming a bye-law make, any change in its form which appears to him to be necessary.",
"footnote": "",
"is_definition": false,
"sort_order": 4830
},
{
"number": "202",
"title": "Section 202(5)",
"chapter": null,
"content": "(5) ne Administrator may cancel his confirmation of any such bye-law, and therupon the bye-law shall cease to have effect.",
"footnote": "",
"is_definition": false,
"sort_order": 4840
},
{
"number": "202",
"title": "Section 202(6)",
"chapter": null,
"content": "(6) A copy of all bye-laws shall be kept at the office of the Municipality and shall be open during office hours without charge to the inspection of any inhabitant of the municipal area.",
"footnote": "",
"is_definition": false,
"sort_order": 4850
},
{
"number": "202",
"title": "Section 202(7)",
"chapter": null,
"content": "(7) Copies of all such bye-laws shall be kept at the said office for sale to the public at a price not exceeding five rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4860
},
{
"number": "203",
"title": "Section 203(1)",
"chapter": null,
"content": "203.(1) The Administrator may prescribe forms for any proceeding of Municipalities, for which he considers that form should be provided and may, subject to the condition of previous publication, by notification. make rules to carry out the provisions of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 4870
},
{
"number": "203",
"title": "Section 203(2)",
"chapter": null,
"content": "(2) In particular and without prejudice to the generally of the foregoing powers, such rules may provide for all or any of the following matters namely:-\n(a) the qualifications requist in the case of persons appointed by a Municipality to offices requiring professional skill;\n(b) the authority on which money may be paid from the Municipal Fund, and the management and regulation of Provident Funds (if any) established under section 25;\n(c) the custody and use of implements, appliances and other materials kept by Municipality under section 105;\n(d) the procedure to be observed for the appointment, punishment or dismissal of officers and servants of Municipality and as to appeals from order of appointments. punishments or dismissal;\n(e) the condition on which property may be acquired by a Municipality or on which property vested in a Municipality may be transferred by sale, mortgage leese, exchange or oterwise;\n(f) the preparation of plans and estimates for works to be partly or wholly constructed at the expense of Municipalities and the persons by whom, and the conditions subject to which such plans and estimates are to be sanctioned;\n(g) the assessment and collection and the compoisition, refund or the limiting of refunds. of taxes imposed under this Regulation and the prevention of evasion of the same and the fees payable for notice of demand;\n(h) the conditions on which a Municipality may receive goods into a bonded-warehouse and the agreements to be signed by traders or other wishing to deposit goods theron.\n(i) the accounts to be kept by Municipalities, the condition on which such account are to be open to inspection by inhabitants paying any tax under this Regulation, the manner in which such accounts are to be audited and published, and the power of the auditors in respect of disallowances surcharge,\n(j) the returns statements and reports to be submitted by Municipalities;\n(k) the language in which business of Municipalities shall be transacted, proceeding recorded and notices issued;\n(l) the publication of public notices;\n(m) the regulation of the proceedings of Municipalities and persons empowered to accept composition under section 191 for alleged offences;\n(n) the maintenance, control and regulation of water works and supply of water;\n(o) generally the guidance of Municipalities and public officer in carrying the purposes of this Regulation and\n(p) the intermediate office or offices (if any) through which correspondence between Municipalities or members and the Administrator or the Deputy Commissioner shall pass;\n(q) the powers to be exercised by the Deputy Commissioner under section 97.\n(r) any other matter which has to be or may be provided.",
"footnote": "",
"is_definition": false,
"sort_order": 4880
},
{
"number": "203",
"title": "Section 203(3)",
"chapter": null,
"content": "(3) In making such rules, the Administrator may direct that a breach of any provisions therof shall be punishable with fine which may extead to fifty rupees.",
"footnote": "",
"is_definition": false,
"sort_order": 4890
},
{
"number": "203",
"title": "Section 203(4)",
"chapter": null,
"content": "(4) A rule may be general for all municipal areas, or for all municipal areas not expressly expected from its operation or may be special for the whole or any part of one or more municipal areas, as the Administrator may direct.",
"footnote": "",
"is_definition": false,
"sort_order": 4900
},
{
"number": "204",
"title": "Section 204",
"chapter": null,
"content": "204. Every rule and every bye-law made under this Regulation shall be laid as soon as may be after is made before each House of Parliament While it is in session or a total period of thirty days which may be comprised in one session or in two or more sucessive sessions and if before the expiry of the session immediately following the session or the successive sessions as aforesaid both Houses agree for making any modification in the rule or bye-law or both houses agree that the rule or bye-law should not be made, the rule or bye-law shall thereafter have effect only in modified from or be of no effect as the case may be so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or bye-law.",
"footnote": "",
"is_definition": false,
"sort_order": 4910
},
{
"number": "205",
"title": "Section 205",
"chapter": null,
"content": "205. No act done or proceeding taken under this Regulation shall be questioned on the ground merely of the existence of any vacancy in any Municipality, sub-committee or joint committee or on account of any defect or irregularity not affecting the merits of the case.",
"footnote": "",
"is_definition": false,
"sort_order": 4920
},
{
"number": "206",
"title": "Section 206(1)",
"chapter": null,
"content": "206.(1) A copy of any receipt application plan, notice order entry in a register or other document in the possession of a Municipality shall if duly certified by the keeper thereof or other person authorised by bye-laws in this behalf be received as evidence of the existence of the entry or document and of the matters of transaction therein recorded in every case where and to the same extent as the original entry or document would if produced have been admissible to prove such matters or transactions.",
"footnote": "",
"is_definition": false,
"sort_order": 4930
},
{
"number": "206",
"title": "Section 206(2)",
"chapter": null,
"content": "(2) No officer or servant of a Municipality shall in any legal proceedings to which the Municipality is not a party be required to produce any register or document the contents of which can be proved under sub-section (I) by a certified copy or to appear as a witness to prove the matters or transactions recorded therein, unless by order of the Court made for a special cause.",
"footnote": "",
"is_definition": false,
"sort_order": 4940
},
{
"number": "207",
"title": "Section 207",
"chapter": null,
"content": "207. In section 1 of the Andaman and Nicobar Islands (Panchayats) Regulation, in sub-section (2), for the words \"The Andaman and Nicobar Islands (Municipal Boards) Regulation, 1907\" the words \"The Andaman and Nicobar Islands (Municipal) Regulation, 1994\", shall be substituted.",
"footnote": "",
"is_definition": false,
"sort_order": 4950
},
{
"number": "208",
"title": "Section 208(1)",
"chapter": null,
"content": "208.(1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may by order published in the Official Gazette make such provisions not inconsistent with the provisions of this Regulation as appears to him to be necessary or expedient for removing of that difficulty:\n\nProvided that no such order shall be made after the expiration of two years from the commencement of this Regulation.",
"footnote": "",
"is_definition": false,
"sort_order": 4960
},
{
"number": "208",
"title": "Section 208(2)",
"chapter": null,
"content": "(2) Every order made under this section shall as soon as may be after it is made laid before each House of Parliament.",
"footnote": "",
"is_definition": false,
"sort_order": 4970
},
{
"number": "209",
"title": "Section 209(1)",
"chapter": null,
"content": "209. (1) The Andaman and Nicobar Islands (Administrator) Regulation, 1979 is hereby repealed:\n\nProvided that the Pradesh Council existing immediately before the commencement of this Regulation shall cease to exist on the date till immediately before the date fixed under section 150 of the Andaman and Nicobar Islands (Panchayats) Regulation 1994.",
"footnote": "",
"is_definition": false,
"sort_order": 4980
},
{
"number": "210",
"title": "Section 210(1)",
"chapter": null,
"content": "210. (1) The Andaman and Nicobar Islands (Municipal Boards) Regulation, 1957 is hereby repealed.",
"footnote": "",
"is_definition": false,
"sort_order": 4990
},
{
"number": "210",
"title": "Section 210(2)",
"chapter": null,
"content": "(2) The repeal of the said Regulation shall not effect,--\r\n(a) the previous operations of the said Regulation or any other done or suffered thereunder; or\r\n(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Regulation; or\r\n(c) any penalty; forefeiture or punishment incurred in respect of any offence committed against the said Regulation; or\r\n(d) any investigation, legal proceeding or remedy in respect of which such right, privilege, obligation, liability, forefeiture or punishment as aforesaid on amy such investigation, legal proceeding or remedy may be instituted continued or enforced any such penalty, forfeiture or punishment may be imposed as if this Regulation had not been promulgated.",
"footnote": "",
"is_definition": false,
"sort_order": 5000
}
],
"metadata": {
"Act ID": "199405",
"Act Number": "5 of 1994",
"Enactment Date": "1994-05-23",
"Act Year": "1994",
"Short Title": "The Andaman and Nicobar Islands (Municipal) Regulation, 1994",
"Department": "MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department)",
"Type": "CENTRAL",
"Location": "Andaman and Nicobar Islands"
},
"updated_at": "2026-09-29 21:55:16"
}