{ "id": 16726, "slug": "the-bombay-provincial-municipal-corporations-act-1949", "title": "The Bombay Provincial Municipal Corporations Act, 1949", "short_title": "The Bombay Provincial Municipal Corporations Act, 1949", "act_number": "(Bombay Act No. 59 of 1949)", "act_year": 1949, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Bombay Provincial Municipal Corporations Act, 1949", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(i) in relation to any period prior to 1st April, 1970, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might, if the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947), were not in force, reasonably be expected to let from year to year with reference to its use;\n(ii) in relation to any other period, the annual rent for which any building or land or premises, exclusive of furniture or machinery contained or situate therein or thereon, might reasonably be expected to let from year to year with reference to its use;\n(a) in respect of any building or land or premises the standard rent of which has been fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947), the annual Rent thereof shall not exceed the annual amount of the standard rent so fixed;\n[(aa) in respect of any building or land or premises, the standard rent of which is not fixed under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, (Bombay LVII of 1947), the annual rent received by the owner in respect of such building or land or premises shall, notwithstanding anything contained in any other law for the time being in force, be deemed to be the annual rent for which such building or land or premises might reasonably be expected to let from year to year with reference to its use;\n(aaa) clause (aa) shall not apply to a case where the annual rent received by the owner in respect of such building or land or premises is in the opinion of the Commissioner less than the annual rent for which such building or land or premises might, notwithstanding anything contained in any other law for the time being in force, reasonably be expected to let from year to year with reference to its use;]\n(b) in the case of any land of a class not ordinarily let the annual rent of which cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent, of the estimated market value of the land at the time of assessment;\n(c) in the case of any building of a class not ordinarily let, or in the case of any industrial or other premises of a class not ordinarily let, or in the case of a class of such premises the building or buildings in which are not ordinarily let, if the annual rent thereof cannot in the opinion of the Commissioner be easily estimated, the annual rent shall be deemed to be six per cent, of the total of the estimated market value, at the time of the assessment, of the land on which such building or buildings stand or, as the case may be, of the land which is comprised in such premises, and the estimated cost, at the time of the assessment, of erecting the building or, as the case may be, the building or buildings comprised in such premises;]\n(1) \"Appendix\" means an Appendix to this Act;\n(2) \"appointed day\" means with reference to any local area the day on which such area is constituted the City of Ahmedabad, [***] or any other city, as the case may be, under section 3;\nExplanation.\n(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable,\n(b) an owner living in or otherwise using his land or building,\n(c) a rent-free tenant;\n(d) a licensee in occupation of any land or building, and\n(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;\n(a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes-\n(i) an agent or trustee who receives such rent on account of the owner.\n(ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes,\n(iii) a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises, and\n(iv) a mortgagee-in-possession, and\n(b) when used with reference to any animal, vehicle or boat includes the person for the time being in charge of the animal, vehicle or boat;\n(a) securities of the Central Government or any [State] Government,\n(b) securities, stocks, debentures or shares the interest whereon has been guaranteed by the Central or the [State] Government,\n(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of [the territory of India] ,\n(d) securities expressly authorised by any order which the [State] Government makes in this behalf;\n(a) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public fund, or\n(b) which under the provisions of section 224 is declared to be, or under any other provision of this Act becomes, a public street;\n(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with water-main or pipe belonging to the Corporation, and\n(b) the water pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipe;\n3. [Declaration of local areas to be cities for purposes of the Act.]\n[3A. Consequences on alteration of limits of City.\n(b) Where there are in force in the area included in a City, and appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules bye-laws or forms immediately before such area is included in the City either corresponding to or inconsistent with the appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms extended and brought into force by clause (a), such appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, bye-laws or forms shall stand superseded.\n(a) include any area therein, or\n(b) exclude any area therefrom.\n[(i) in a case falling under clause (a), the interim increase in the number of Councillors shall be filled by election of additional members from amongst such persons entitled to vote at such election from such area, as the State Government may determine and the term of such councillor shall be for the remainder of the duration of the Corporation;\n(ii) in a case falling under clause (b), the removal of councillors, who in the opinion of the State Government shall represent the area so excluded from the City.]\n(iii) the transfer, in whole or in part, of the assets, rights and liabilities of the surrendering local authority (including the rights and liabilities under any contract made by it) to the absorbing local authority or to the State Government and the terms and conditions for such transfer;\n(iv) the substitution of any absorbing local authority for the surrendering local authority or the addition of any such absorbing local authority, as a party to any legal proceeding to which a surrendering local authority is a party and the transfer of any proceeding pending before a surrendering local authority or any authority or officers subordinate to it to the absorbing local authority or any authority or officer subordinate to it;\n(v) the transfer or re-employment of any employees of a surrendering local authority to or by the absorbing local authority or the termination of services of any employee of a surrendering local authority, and the terms and conditions applicable to such employee after such transfer or reemployment or termination;\n(vi) the continuance within the area so included in, or excluded from, a City under clause (a) or (b) of all or any budget estimates, assessments, assessment list or, as the case may be, assessment book, valuations, measurements or divisions made or authenticated by, or in respect of, the surrendering local authority and in force within its area immediately before the notified day, until they are superseded or modified;\n(vii) the removal of any difficulty which may arise on account of any change referred to in clauses (a) and (b).\n(1) \"absorbing local authority\" means the local authority in the area under whose jurisdiction an area is included under '[clause (2) of article 243Q of Constitution of India];\n(2) \"local authority\" means the Corporation of a City, a municipality for a municipal borough, a nagar panchayat, or, as the case may be, a gram panchayat; and includes, where such Corporation, municipality or panchayat has been superseded or dissolved, the person or persons appointed to exercise the powers or to perform the functions of such Corporation, municipality or panchayat;\n(3) \"notified day\" means the day on which the alteration of the limits of a City [***] takes effect;\n(4) \"surrendering local authority\" means the local authority from the area under whose jurisdiction any area is excluded under [clause (2) of article 243Q of Constitution of India] ;\nExplanation II.\nChapter II\nConstitution Municipal Authorities", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "4", "title": "4. Municipal authorities charged with execution of the Act.", "chapter": null, "content": "(A) a Corporation;\n(B) a Standing Committee;\n(C) a Municipal Commissioner, and, in the event of the Corporation establishing or acquiring a Transport Undertaking;\n(D) a Transport Committee;\n(E) a Transport Manager.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "5", "title": "5. Constitution of Corporation.", "chapter": null, "content": "(i) \"a larger urban area\" as specified under clause (2) of article 243Q of the Constitution of India, is made or\n(ii) the census is taken under the Census Act, 1948 and the relevant figures of which have been published, or\n(iii) the limits of a City are altered,-\n(a) the State Government shall, by notification in the Official Gazette , determine the number of wards into which the City shall be divided, the number of councillors to be elected to the Corporation and the number of seats to be reserved in favour of the Scheduled Castes, the Schedule Tribes, the Backward Classes and Women as provided in this section, and\n(b) the State Election Commission thereafter shall carry out the determination of the boundaries of the wards and the allocation of seats reserved in favour of the Schedule Castes, Scheduled Tribes, the Backward Classes and Women among the wards in the prescribed manner.\nExplanation:\n(1) \"Scheduled castes\" means such castes, races or tribes or parts of, or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Gujarat under article 341 of the Constitution of India;\n(2) \"Scheduled Tribes\" means such tribes or tribal communities or parts of, or groups within such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Gujarat under article 342 of the Constitution of India: and\n(3) \"Backward Classes\" means classes declared as Socially and Educationally Backward Classes by the State Government from time to time.]\n5A.\n[6. Duration of Corporation.", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "6A", "title": "6A. Term of office of councillors.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "6B", "title": "6B. Election to constitute the Corporation.", "chapter": null, "content": "(a) before the expiration of its duration specified in sub-section (1) of section 6;\n(b) before the expiration of six months from the date of its dissolution:", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "6C", "title": "6C. Transitory provision.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "7", "title": "7. Registration of office by councillor.", "chapter": null, "content": "[7A. Provision for appointment of Administrator after expiry of normal term of office of Councillors.\n(i) the duration of a Corporation has already expired or is due to expire during the transitory period as referred to in sub-section (1) of section 6C and election to constitute the Corporation could not be completed before the expiry of its duration, or\n(ii) due to unforeseen circumstances such as natural calamity, riots, communal disturbances, the election to constitute Corporation could not be completed before the expiry of its duration.\nQualifications and Disqualifications of Voters and Councillors\n[8.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Qualification for election as councillor.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Disqualification for being a councillor.", "chapter": null, "content": "[(a-l) has, been convicted of an offence under the Protection of Civil Rights Act, 1955 (Act 22 of 1955), unless a period of five years has elapsed, since his release from imprisonment;]\n(a) has been sentenced by any court to imprisonment or whipping [for an offence under any other law for the time being in force] involving moral turpitude and punishable with imprisonment for a term exceeding six months or to transportation, such sentence not having been subsequently reversed or quashed, or to death, such sentence having been subsequently commuted to transportation or imprisonment:\n(b) is undischarged insolvent;\n(c) holds the office of Commissioner of any other office or place of profit under the Corporation;\n(d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member;\n(e) holds any judicial office with jurisdiction within the limits of the City;\n(f) subject to the provisions of sub-section (2), has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation;\n(g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned; or\n(h) fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee, within three months after a special notice in this behalf has been served on him by the Commissioner.]\n[(i) is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:]\n[(j) has more than two children;\nExplanation.\n(i) where a couple has only one child on or after the date of such commencement, any number of children born out of single subsequent delivery shall be deemed to be one entity;\n(ii) `child' does not include an adopted child or children.]\n(a) receiving a municipal pension;\n(b) having any share or interest in\n(i) any lease, sale, exchange or purchase of land or any agreement for the same.\n(ii) any agreement for the loan of money or any security for the payment of money only;\n(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted;\n(iv) any joint stock company or any society, registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 (Bombay VII of 1925), which shall contract with or be employed by the Commissioner or the Transport Manager on behalf of the Corporation;\n(v) the occasional sale to the Commissioner or Transport Manager on behalf of the Corporation of any article in which he regularly trades to a value not exceeding in the aggregate in any one official year two thousand rupee; or\n(vi) the occasional letting out on hire to the Corporation or in the hiring from the Corporation of any article for an amount not exceeding in the aggregate in any one official year five hundred rupees;\n(c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation; [*]\n(d) receiving conveyance charges as a member of the Transport Committee; [*]\n[(e) being a relative of a person in employment with or under or by or on behalf of the Corporation.]", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "11", "title": "11. Disabilities from continuing as councillor.", "chapter": null, "content": "(a) becomes disqualified for being a councillor by reason of the provisions of section 10;\n(b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation;\n(c) absents himself from [***] the meetings of the Corporation during six successive months from any cause whatever, whether approved by the Corporation or not; or\n(d) acts as a councillor or as a member of any committee of the Corporation by voting on, or taking part in the discussion of, or asking any question concerning, any matter in which he has directly or indirectly by himself or his partner any such share or interest as is described in clause (b) of subsection (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "12", "title": "12. Questions as to disqualification to be determined by the Judge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "13", "title": "13. Liability of councillors to removal.", "chapter": null, "content": "Election of Councillors\n[14. Election by State Election Commission.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "15", "title": "15. Casual vacancies how to be filled.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "16", "title": "16. Election petitions.", "chapter": null, "content": "Explanations.\n(1) \"corrupt practice\" means one of the following practices, namely:-\n(a) any gift, offer or promise by a candidate or his agent or by any person with the connivance of a candidate or his agent of any gratification, pecuniary or otherwise to any person whomsoever, with the object directly or indirectly of inducing a person to stand or not to stand as, or to withdraw from being, a candidate at an election or a voter to vote or refrain from voting at an election or as a reward to a person for having so stood or not stood or for having withdrawn his candidature or a voter for having voted or refrained from voting;\n(b) any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person with the connivance of the candidate or his agent with the free exercise of any electoral right, including the use of threats of injury of any kind or the creation or attempt to create fear of divine displeasure or spiritual censure, but not including a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with a legal right;\n(c) the procuring or abetting or attempting to procure by a candidate or his agent or by any other person with the connivance of a candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead or in a fictitious name or by a person for a voting paper in his own name when, by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote;\n(d) the removal of a voting paper from the polling station during polling hours by any person with the connivance of a candidate or his agent;\n(e) the publication by a candidate or his agent or by any other person with the connivance of the candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;\n(f) any acts specified in paragraphs (a), (b), (d) and (e) when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent;\n(g) the application by a person at an election for a voting paper in the name of any other person, whether living or dead, or in a fictitious name, or for a voting paper in his own name when, by reason of the fact that he has already voted in the same or another ward, he is not entitled to vote; or\n(h) the receipt of, or agreement to receive, any gratification of the kind described in paragraph (a) as a motive or reward for doing or refraining from doing any of the acts therein specified.\n(2) a corrupt practice shall not be deemed to have been committed in the interests of a returned candidate if the Judge is satisfied that it was of a trivial and limited character which did not affect the result of the election, that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, that it was committed without the sanction, or connivance or contrary to the orders of the candidate or his agents, and that the candidate and his agents took all reasonable means for preventing the commission of corrupt practices at the election.\n17. [Disqualification of voter for corrupt practice.]", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "18", "title": "18. Procedure if election fails or is set aside.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "19", "title": "19. Mayor and Deputy Mayor.", "chapter": null, "content": "(b) The reservation made under clause (a) shall as nearly as may be, in the same proportion as provided in their favour under section 5.]\n[Honoraria, Fees and Allowances]", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "19A", "title": "19A. Honoraria, fees or allowances.", "chapter": null, "content": "Standing Committee", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "20", "title": "20. Constitution of Standing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "21", "title": "21. Appointment of Chairman of Standing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "22", "title": "22. Members of Standing Committee absenting himself from meetings to vacate seat.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "23", "title": "23. Casual vacancies in Standing Committee how to be filled.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "24", "title": "24. Standing Committee may delegate powers to Special Committee or Subcommittee.", "chapter": null, "content": "The Transport Committee", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "25", "title": "25. Appointment of Transport Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "26", "title": "26. Disqualification of members of Transport Committee.", "chapter": null, "content": "(a) become disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or\n(b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or\n(c) absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or\n(d) absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not, shall cease to be a member of the Committee and his office shall thereupon become vacant.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "27", "title": "27. Chairman of Transport Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "28", "title": "28. Conveyance charges for attendance at meetings of Transport Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "29", "title": "29. Sub-committees of Transport Committee.", "chapter": null, "content": "[29A. Constitution of Wards Committees.\n(a) Councillors of the Corporation representing a ward within the territorial area of the Wards Committee;\n(a) one ward, the Councillor representing that ward in the Corporation; or\n(b) two or more wards, one of the Councillors representing such wards in the Corporation elected by the members of the Wards Committee,\nSpecial and Ad-hoc Committees", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "30", "title": "30. Special Committees of the Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "31", "title": "31. Appointment of Ad-hoc Committees.", "chapter": null, "content": "Joint Committees", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "32", "title": "32. Joint transactions with other local authorities.", "chapter": null, "content": "(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee;\n(b) in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies; and\n(c) in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.\nProvisions Regarding Validity of Proceedings", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "33", "title": "33. Vacancy in Corporation, etc. not to invalidate its proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "34", "title": "34. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of members thereof.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "35", "title": "35. Proceedings of meetings to be good and valid until contrary is proved.", "chapter": null, "content": "The Municipal Commissioner", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "36", "title": "36. Appointment of the Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "37", "title": "37. Salary of Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "38", "title": "38. Grant of leave of absence to Commissioner and leave allowances.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "39", "title": "39. Appointment and remuneration of acting Commissioner.", "chapter": null, "content": "Transport Manager", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "40", "title": "40. Appointment of Transport Manager.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "41", "title": "41. Leave of Transport Manager.", "chapter": null, "content": "Disqualifications of the Commissioner", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "42", "title": "42. Commissioner not to be interested in any contract with Corporation.", "chapter": null, "content": "Chapter III\nProceedings of the Corporation, Standing Committee, Transport Committee and Other Bodies", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "43", "title": "43. Proceedings of the Corporation, Standing Committee, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "44", "title": "44. Right to ask questions.", "chapter": null, "content": "Chapter IV\nMunicipal Officers Ad Servants-Their Appointment and Conditions of Service\nCity Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner.", "footnote": "", "is_definition": false, "sort_order": 42 }, { "number": "45", "title": "45. Appointment of City Engineer, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "46", "title": "46. Powers and duties of City Engineer and Medical Officer of Health.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "47", "title": "47. Powers and duties of Municipal Chief Auditor.", "chapter": null, "content": "(a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee;\n(b) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties, of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and\n(c) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "48", "title": "48. Powers and duties of Municipal Secretary.", "chapter": null, "content": "(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively;\n(b) have the custody of all papers and documents connected with the proceedings of,-\n(i) the Corporation and any Committee appointed by the Corporation under section 30 or 31,\n(ii) the Standing Committee and any sub-committee thereof;\n(c) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the officers and servants immediately subordinate to him; and\n(d) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said officers and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said officers and servants.", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "49", "title": "49. Powers and duties of deputy or Assistant Municipal Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "50", "title": "50. Conditions of service of statutory officers of Corporation.", "chapter": null, "content": "Other Officers and Servants", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "51", "title": "51. Number, designation, grades etc. of other municipal officers and servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "52", "title": "52. Restriction on employment of permanent officers and servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "53", "title": "53. Power of appointment in whom to vest.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "54", "title": "54. Manner of making appointments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "55", "title": "55. Saving in respect of officers and servants appointed under Chapter XX.", "chapter": "Chapter XX", "content": "Imposition of Penalties", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "56", "title": "56. Imposition of penalties on municipal officers and servants.", "chapter": null, "content": "(a) no municipal officer or servant whose monthly salary, exclusive of allowances, [exceeds such amount as may be fixed in this behalf, by a general or special order, by the State Government in the case of each Corporation] shall be dismissed by the Commissioner without the previous approval of the Standing Committee;\n(b) any officer appointed by the Corporation excepting the Transport Manager may be suspended by the Standing Committee pending an order of the Corporation, such suspension and the reason therefore being forthwith reported to the Corporation;\n(c) the Commissioner may impose any of the penalties specified in clause (a), (b), [c] (d), and (e) of sub-section (2) on any officer appointed by the Corporation other than the Transport Manager or any officer appointed under section 45;\n(d) the Municipal Chief Auditor and the Municipal Secretary may impose any of the penalties specified in clauses (a), (b), (c), (d) and (c) of sub-section (2) on any officer or servant immediately subordinate to them and drawing a monthly salary [not exceeding such amount as may be fixed by the State Government, by a general or special order, from time to time in case of each Corporation] subject to a right of appeal to the Standing Committee and the Standing Committee may impose any other penalty on any such officer or servant and may also impose any penalty on any other officer or servant immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary;\n(a) censure;\n(b) withholding of increments or promotion, including stoppage at an efficiency bar;\n(c) reduction to a lower post or time-scale, or to a lower stage in a time-scale;\n(d) fine;\n(e) recovery from salary of the whole or part of any pecuniary loss caused to the Corporation;\n(f) suspension;\n(g) removal from municipal service which does not disqualify from future employment;\n(h) dismissal from municipal service which ordinarily disqualifies from future employment.\n(a) where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or\n(b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is not reasonably practicable to give that person an opportunity of showing cause.\nLeave of Absence, Acting Appointments, Etc.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "57", "title": "57. Leave of absence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "58", "title": "58. Acting appointment.", "chapter": null, "content": "(a) when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and excepting an appointment to act for the Municipal Secretary, shall be reported forthwith to the [State] Government;\n(b) any appointment reported to the [State] Government under clause (a) may be disallowed by it and from time of being so disallowed shall be null and void as from the date of the receipt, by the Corporation of the order of the [State] Government.\nDisqualification of Municipal Officers and Servants", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "59", "title": "59. Disqualification of municipal officers and servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "60", "title": "60. Occupation of, and liability to vacate, premises provided by Corporation for municipal officers and servants.", "chapter": null, "content": "(a) shall occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed, by the Corporations, and\n(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, removal or retirement from the service of the Corporation or whenever the Commissioner, with the approval of the Corporation, thinks it necessary and expedient to require him to do so.\n[60A. Provident Fund to be deposited in Government Treasury.\n(i) the subscriber to the fund shall be entitled to interest on the balance in his provident fund account at the same rate, at which the State Government servant is for the time being entitled to on the balance in his provident fund account, and\n(ii) the rules for the time being in force relating to the limits of withdrawals from the provident fund as applicable to such Government servant shall, so far as may be, apply to the subscriber.\nChapter V\nEssential Services", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "61", "title": "61. Members of essential services not to resign, etc. without permission.", "chapter": null, "content": "(a) without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least t#o months' notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of his duties, or other reason accepted as sufficient by the Commissioner or such office, or\n(b) neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "62", "title": "62. Power of [State] Government to declare emergency.", "chapter": null, "content": "(a) withdraw or absent himself from his duties except in the case of illness or accident disabling him from the discharge of his duties, or\n(b) neglect or refuse to perform his duties or wilfully perform them in a manner which in the opinion of such officer as the [State] Government may specify in this behalf is inefficient.\nChapter VI\nDuties and Power of the Municipal Authorities and Officers Obligatory and Discretionary Duties of the Corporation", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "63", "title": "63. Matters to be provided for by the Corporation.", "chapter": null, "content": "(1) erection of substantial boundary marks of such description and in such position as shall be approved by the [State]\n(2) the watering, scavenging, and cleansing of all public streets and places in the city and the removal of all sweeping therefrom;\n(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, if so required by the [State] Government, the preparation of compost manure from such sewage, offensive matter and rubbish [and solid waste management] ;\n(4) the construction, maintenance and cleansing of drains and drainage works and of public latrines, water-closets, urinals and similar conveniences;\n(5) the entertainment of a fire-brigade equipped with suitable appliances for the extinction of fires and the protection of life and property against fire;\n(6) the construction or acquisition and maintenance of public hospitals and dispensaries including hospitals for the isolation and treatment of persons suffering or suspected to be infected with a contagious or infectious disease and carrying out other measures necessary for public medical relief;\n(7) the lighting of public streets, municipal markets and public buildings vested in the Corporation;\n(8) the maintenance of a municipal office and of all public monuments and open spaces and other property vesting in the Corporation;\n(9) the naming or numbering of streets and of public places vesting in the Corporation and the numbering of premises;\n(10) the regulation and abatement of offensive and dangerous trades or practices;\n(11) the maintenance, change and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies;\n(12) the construction or acquisition and maintenance of public markets and slaughter-houses [and tunneries] and the regulation of all markets and slaughter-houses [and tunneries] ;\n(13) the construction or acquisition and maintenance of cattle pounds [and prevention of cruelty to animal] ;\n(14) public vaccination in accordance with the provisions of the Bombay District Vaccination Act, 1892 [Bombay 1 of 1892];\n(15) maintaining, aiding and suitably accommodating schools for primary education;\n(16) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;\n(17) the registration of births and deaths;\n(18) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts, cause-ways and the like;\n(19) the removal of obstructions and projections in or upon streets, bridges, and other public places;\n(20) the management and maintenance of all municipal water works and the construction or acquisition of new Works necessary for a sufficient supply of water for public and private purposes;\n(21) preventing and checking the spread of dangerous diseases;\n(22) the securing or removal of dangerous buildings and places;\n(23) the construction and maintenance of residential quarters for the municipal conservancy staff;\n[(23A) The preparation of plans for economic development and social justice;\n(23B) The performance of functions and the implementation of schemes that may be entrusted by the State Government.]\n(24) fulfilment of any obligation imposed by or under this Act or any other law for the time being in force;\n(25) subject to adequate provision being made for the matters specified above, the provision of relief to destitute persons in the City in times of famine and scarcity and the establishment and maintenance of relief works in such times.\n[(a) It shall also be incumbent on the Corporation to make, in its budget for every official year, provision for making expenditure to the extent of such amount, not exceeding ten per cent, of its income for such year other than the income from the proceeds of the Transport Undertaking and any other specified items of income as the State Government may, from time to time, determine and notify in the Official Gazette , for the purpose of providing basic facilities, like water supply, drainage, sanitation, street lights, medical aid, slum clearance and such other matters in areas predominantly populated by members of Scheduled Castes, Scheduled Tribes and other socially and economically backward class of people, and if the expenditure so provided for is not fully incurred in the official year for which it is provided, the balance shall be carried forward in the budget of the next succeeding year.", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "64", "title": "64. Corporation to provide for anti-rabic treatment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "65", "title": "65. Corporation to provide for maintenance of lunatics and lepers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "66", "title": "66. Matters which may be provided for by Corporation at its discretion.", "chapter": null, "content": "(1) the organization, maintenance or management of institutions within or without the City for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;\n(2) the organisation, maintenance or management of maternity and infant welfare houses or centres;\n(3) the provision of milk to expectant or nursing mothers or infants or school children;\n(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs,. for the detection of diseases or for researches connected with public health;\n(5) swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health;\n(6) dairies or farms within or without the City for the supply, distribution and processing of milk or milk products for the benefit of the residents of the City;\n(7) the construction and maintenance in public streets, or places of drinking fountains for human beings and water-troughs for animals;\n[(8) urban Forestry, protection of the environment and promotion of ecological aspects.\n(8A) promotion of cultural, educational and aesthetical aspects.\n(8B) urban planning including town planning and regulation of land use.]\n(9) the provision of music for the people;\n(10) the provision of public parks, gardens, play-grounds and recreation grounds;\n(11) the holding of exhibitions, athletics or games;\n(12) the regulation of lodging houses, camping grounds and rest houses in the City;\n(13) the maintenance of an ambulance service;\n(14) the construction, establishment and maintenance of theatres, rest-houses and other public buildings;\n(15) the organisation or maintenance, in times of scarcity, of shops or stalls for the sale of necessaries of life;\n(16) the building or purchase and maintenance of dwellings for municipal officers and servants;\n(17) the grant of loans for building purposes to municipal servants [***] on such terms and subject to such conditions as may be prescribed by the Corporation;\n(18) any other measures for the welfare of municipal servants or any class of them;\n(19) the purchase of any undertaking for the supply of electric energy or gas or S the starting or subsidising of any such undertaking which may be in the general interests of the public;\n(20) the construction, purchase, organisation, maintenance or management of light railways, tramways, trackless trams, or motor transport facilities for the conveyance of the public or goods within or without the City;\n(21) the furtherance of educational objects other than those mentioned in clause (15) of section 63 and making grants to educational institutions within or without the City;\n(22) the establishment and maintenance or the aiding of libraries; museums and art galleries, botanical or zoological collections and the purchase of construction of buildings therefor;\n(23) the construction or maintenance of infirmaries or hospitals for animals;\n(24) the destruction of birds or animals causing a nuisance, or of vermin, and the confinement or destruction of stray or ownerless dogs;\n(25) contributions towards any public fund raised for the relief of human suffering within the City or for the public welfare;\n(26) the preparation or presentation of addresses to persons of distinction;\n(27) the registration of marriages;\n(28) the granting of rewards for information which may tend to secure the correct registration of vital statistics;\n(29) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary magistrate or any portion of such charges;\n(30) the acquisition and maintenance of grazing grounds and the establishment and maintenance of a breeding stud;\n(31) establishing and maintaining a farm or factory for the disposal of sewage;\n(32) supplying, constructing and maintaining, in accordance with the general system approved by the Corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the Corporation;\n(33) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws, regulations or standing orders;\n(34) laying out whether in areas previously built upon or not, new public streets and acquiring land for that purpose and land required for the construction of buildings or curtilages thereof to abut on such street or streets;\n(35) the building or purchase and maintenance of suitable dwellings for the poor and working classes, or the grant of loans or other facilities to any person, society, or institution interested in the provision of such dwellings;\n(36) the provision of shelter to destitute or homeless persons and any form of poor relief;\n(37) the building or purchase and maintenance of sanitary stables, or byres for horses, ponies or cattle used in hackney carriages or carts or for milchkine;\n(38) surveys of buildings or lands;\n(39) measures to meet any calamity affecting the public in the City;\n(40) making contributions to the funds of the Local-Self Government Institute, Bombay;\n(41) with the previous sanction of the [State] Government, the making of a contribution towards any public ceremony or entertainment in the City;\n(42) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction.\nRespective Functions of the Several Municipal Authorities", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "67", "title": "67. Functions of the several municipal authorities.", "chapter": null, "content": "(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act or by any other law for the time being in force;\n(b) prescribe the duties of, and exercise supervision and control over, the acts and proceedings of all municipal officers and servants, other than the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and servants immediately subordinate to them, and subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;\n(c) in any emergency, take such immediate action for the service of safety of the public or the protection of the property of the Corporation as the emergency shall appear to him to justify or to require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the [State] Government:\n(d) perform the duties and exercise the powers imposed or conferred upon the Transport Manager by this Act in his absence or on failure by him to perform or exercise the same.\n(b) Where the Mayor considers that any proposal involving development work is necessary to be undertaken, he may direct the Municipal Commissioner to place such proposal before the Municipal Corporation, Standing Committee or any other Committee, for its consideration.\n(c) The Municipal Commissioner shall, while submitting any proposal to the Standing Committee or other Committees, send simultaneously a copy of such proposal to the Mayor for information.\n(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Transport Undertaking as may be required of him by the Transport Committee;\n(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and servants appointed under Chapter XX and, subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;\n(c) in any emergency, take such immediate action for the protection of human life or of the property of the Corporation or for the maintenance of the service provided to the public by the Transport Undertaking as the emergency shall appear to him to justify or require, reporting forthwith to the Transport Committee when he has done so, the action he has taken and his reason 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 budget grant under the provisions of this Act.", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "68", "title": "68. Commissioner to exercise powers and perform duties of Corporation under other laws.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "69", "title": "69. Municipal officers may be empowered to exercise certain of the powers, etc. of the Commissioner or the Transport Manager.", "chapter": null, "content": "(i) the Commissioner or the Transport Manager to exercise control over, or\n(ii) the State Government, the Corporation, the Commissioner or the Transport Manager to prescribe any conditions or limitations in regard to, the exercise, performance or discharge of powers, duties or functions of a judicial or Quasi-judicial nature, by a municipal officer under this subsection.]", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "70", "title": "70. Corporation may call for extracts from proceedings, etc. from the Standing Committee, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "71", "title": "71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc.", "chapter": null, "content": "(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;\n(b) to furnish any return, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal Government of the City;\n(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal Government of the City.", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "72", "title": "72. Exercise of power to be subject to sanction by Corporation of the necessary expenditures.", "chapter": null, "content": "(a) such expenditure, so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget-grant; and\n(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year the sanction of the Corporation is taken before liability for such expenditure is incurred.\nChapter VII\nContracts", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "73", "title": "73. Power to Commissioner to execute contracts on behalf of Corporation.", "chapter": null, "content": "(a) every such contract shall be made on behalf of the Corporation by the Commissioner;\n(b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly given;\n(c) no contract which will involve an expenditure exceeding five thousand rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time prescribe, shall be made by the Commissioner unless the same is previously approved by the Standing Committee:\n(d) every contract made by the Commissioner involving an expenditure exceeding one thousand rupees and not exceeding five thousand rupees or such higher amount as may for the time being be prescribed under clause (c) shall be reported by him, within fifteen days after the same has been made, to the Standing Committee;\n(e) the foregoing provisions of this section shall, as far as may be, apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "74", "title": "74. Mode of executing contracts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "75", "title": "75. Contracts relating to Transport Undertaking.", "chapter": null, "content": "Chapter VIII\nMunicipal Property\nAcquisition of Property", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "76", "title": "76. Powers of Corporation as to acquisition of property.", "chapter": null, "content": "(a) in any municipality or local authority which has been superseded by or under this Act in consequence of the inclusion in the City of the area for which it was constituted, or\n(b) in [the State Government] by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority,", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "77", "title": "77. Acquisition of immovable property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "78", "title": "78. Procedure when immovable property cannot be acquired by agreement.", "chapter": null, "content": "Disposal of Property", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "79", "title": "79. Provisions governing the disposal of municipal property.", "chapter": null, "content": "(a) the Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any moveable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with approval of the [State] Government, from time to time determine, or grant a lease of any immoveable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time:\n(b) with the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any moveable property belonging to the Corporation, of which the value does not exceed five thousand rupees; and may with the like sanction grant a lease of any immoveable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immoveable belonging to the Corporation the value or premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;\n(c) with the sanction of the Corporation, the Commissioner may lease, sell, let out on hire or otherwise convey any property, moveable or immoveable belonging to the Corporation;\n(d) the consideration for which any immoveable property or any right belonging to the Corporation may be sold, leased or otherwise transferred shall not be less than the current market value of such premium, rent or other consideration;\n(e) the sanction of the Standing Committee or of the Corporation under clause (b) or clause (c) may be given either generally for any class of cases or specially in any particular case;\n(f) the aforesaid provisions of this section and the provisions of the rules shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act:\n(a) no property vesting in the Corporation for the purpose of any specified trust shall be leased, sold or otherwise conveyed in such a manner that the purpose for which it is held will be prejudicially affected;\n(b) no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the appropriate Government;\n[79A. Obligation annexed to property binding on transferee.\n(1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or\n(2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, notwithstanding-\n(a) any law for the time being in force, and\n(b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agree to, entered into or imposed.]", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "80", "title": "80. Decision of claims to property by or against the Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "81", "title": "81. Power of Corporation to enforce covenants against owner for the time being of land.", "chapter": null, "content": "Chapter IX\nThe Municipal Fund and other Funds\nThe Municipal Fund", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "82", "title": "82. Constitution of Municipal Fund.", "chapter": null, "content": "(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contracts,\n(b) all proceeds of the disposal of property by or on behalf of the Corporation,\n(c) all rents accruing from any property of the Corporation,\n(d) all moneys raised by any tax levied for the purposes of this Act,\n(e) all fees and fines payable and levied under this Act or under any rules, bye-law, regulation or standing order other than fines imposed by a Court,\n(f) all moneys received by way of compensation or for compounding offences under the provisions of this Act,\n(g) all moneys received by or on behalf of the Corporation from the Government or public bodies, private bodies or private individuals by way of grant or gift, or deposit, subject, however to the conditions, if any, attached to such grant, gift or deposit, and\n(h) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation shall be credited to a fund which shall be called \"the Municipal Fund\" and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained.", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "83", "title": "83. Commissioner to receive payments on account of Municipal Fund and to lodge them in bank.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "84", "title": "84. How the Fund shall be drawn against.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "85", "title": "85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "86", "title": "86. Restrictions on expenditure from Municipal Fund.", "chapter": null, "content": "(a) sums of which the expenditure has been sanctioned by the Standing Committee under section 102;\n(b) temporary payments under section 90 for works urgently required in the public service;\n(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;\n(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake;\n(e) sums which under any provisions of this Act or any other enactment are payable by way of compensation;\n(f) sums payable in any of the circumstances mentioned in clause (h) of section 88;\n(g) expenses incurred by the Commissioner in the exercise of the powers conferred upon him by section 319;\n(h) costs incurred by the Commissioner under clause (c) of sub-section (3) of section 67.", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "86", "title": "87. Procedure when money not covered by budget grant is expended under clause (e), (f), (g) or (h) of sub-section (2) of section 86.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "88", "title": "88. Purpose for which Municipal Fund is to be applied.", "chapter": null, "content": "(a) the expenses of every ward election;\n(b) the salary, joining time allowances, and other allowances of the Commissioner and of leave and pension contribution, if any, payable on his account to the [State] Government;\n(c) the salaries and other allowances of all municipal officers and servants and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Act or the regulations or of the statement framed under this Act for the time being in force;\n(d) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation;\n(e) the grant payable under section 44 of the Bombay Primary Education Act, 1947 (Bombay LXI of 1947), to the Primary Education Fund maintained thereunder for the City;\n(f) the loans advanced under the rules for building purposes;\n(g) any sum chargeable under section 108;\n(h) every sum payable,-\n(i) under section 422 or sub-section (1) of section 449 to the [State] Government;\n(ii) under a decree or order of a civil or criminal court passed against the Corporation or against the Commissioner, Deputy Commissioner or Assistant Commissioner ex-officio ;\n(iii) under a compromise of any suit or other legal proceeding or claim effected under section 481;\n(i) contributions to public institutions;\n(j) expenses incurred on the provision of traffic signs.", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "89", "title": "89. Municipal Fund where to be expended.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "90", "title": "90. Temporary payments from Municipal Fund for works urgently required for public service.", "chapter": null, "content": "Special Funds", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "91", "title": "91. Constitution of Special Funds.", "chapter": null, "content": "Disposal of Balances", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "92", "title": "92. Investment of surplus moneys.", "chapter": null, "content": "Accounts", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "93", "title": "93. Accounts to be kept in forms prescribed by Standing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "94", "title": "94. Preparation of annual administration report and statement of accounts.", "chapter": null, "content": "Annual Budget Estimate", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "95", "title": "95. Estimates of income and expenditure to be prepared annually by Commissioner.", "chapter": null, "content": "(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including the amount of grant payable by the Corporation to the Primary Education Fund, and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;.\n(b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure at the commencement of the next official year;\n(c) an estimate of the Corporation's receipts and income for the next official year other than from taxation and from the Transport Undertaking;\n(d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next official year and an estimate of the receipts from taxation;\n(e) an estimate of the amounts due to be transferred during the next official year from the Transport Fund.", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "96", "title": "96. Budget estimates to be prepared by Standing Committee.", "chapter": null, "content": "(a) propose with reference to the provisions of Chapter XI such rates and extent of municipal taxes as it thinks fit;\n(b) allow for the appropriation to any special fund of the sum estimated by the Commissioner, revised as it thinks proper;\n(c) provide for payment as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act other than sums and instalments of principal and interest for which the Corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking;\n(d) provide for such expenditure, if any, as it considers necessary to defray from the balance in any special fund;\n(e) allow for a cash balance at the end of the said year exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such smaller amount as the [State] Government may from time to time approve.", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "97", "title": "97. Estimates to expenditure and income of the Transport Undertaking to be prepared annually by Transport Manager.", "chapter": null, "content": "(a) an estimate, classified, in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next ensuing official year on account of the Transport Undertaking and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;\n(b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year, and an estimate of the amounts to be transferred to the Municipal Fund during the next ensuing financial year under sections 359 and 360;\n(c) an estimate of the Corporation's receipts and income from the Transport Undertaking in the next ensuing official year.", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "98", "title": "98. Budget Estimate `B' to be prepared (by Transport Committee.", "chapter": null, "content": "(a) provide for the payment as they fall due, of all sums and of all instalments of principal and interest for which the corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking;\n(b) allow for the appropriation to any special fund of the sum estimated by the Transport Manager, revised as it thinks proper;\n(c) allow for the amounts to be transferred during the next ensuing official year to the Municipal Fund as provided in sections 359 and 360;\n(d) provide for such expenditure, if any, as it considers necessary to defray from the balance in any special fund;\n(e) allow for a cash balance at the end of the said year exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such smaller amount as the Corporation may from time to time fix.", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "99", "title": "99. Fixing of rates of taxes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "100", "title": "100. Final adoption of budget estimates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "101", "title": "101. Corporation may increase amount of budget grants and make additional grants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "102", "title": "102. Provision as to unexpended budget grants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "103", "title": "103. Reductions or transfers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "104", "title": "104. Readjustments of income and expenditure to be made by the Corporation during course of official year whenever necessary.", "chapter": null, "content": "Scrutiny and Audit of Accounts", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "105", "title": "105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the Standing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "106", "title": "106. Report by the Chief Auditor.", "chapter": null, "content": "(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;\n(b) furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "107", "title": "107. Application of sections 105 and 106 to accounts of Transport Fund.", "chapter": null, "content": "(i) for the words \"Standing Committee\" wherever they occur, the words \"Transport Committee\" and for the word \"Commissioner\" wherever it occurs, the words \"Transport Manager\" have been substituted, and\n(ii) for the figures \"94\" in sub-section (4) of section 106, the figure \"362\" had been substituted.", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "108", "title": "108. A special audit may be directed by [State] Government.", "chapter": null, "content": "Chapter X\nBorrowing Powers", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "109", "title": "109. Powers of Corporation to borrow money.", "chapter": null, "content": "(a) defraying any costs, charges or expenses, incurred or to be incurred by it in the execution of this Act;\n(b) for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;\n(c) generally for carrying out the purposes of this Act, including the advance of loans authorised thereunder:\n(i) no loan shall be raised for the execution of any work other than a permanent work, which expression shall include any work of which the cost should, in the opinion of the [State] Government, be spread over a term of years;\n(ii) no loan shall be raised unless the [State] Government has approved the terms on and the method by which the loan is to he raised and repaid;\n(iii) the period within which the loan is to be repaid shall in no case exceed sixty years and, where a loan is raised for the repayment of a previous loan, the period within which the subsequent loan is to be repaid shall not extend beyond the unexpired portion of the period fixed for the repayment of the original loan, unless the [State] Government so directs, and shall in no case extend beyond the period of sixty years from the date on which the original loan was raised.\n(a) no portion thereof shall, without previous sanction of the [State] Government, be applied to any purpose other than that for which it was borrowed; and\n(b) no portion of any sum of money borrowed or re-borrowed for the execution of any work shall be applied to the payment of salaries or allowances of any municipal officers or servants other than those who are exclusively employed upon the work for the construction of which the money was borrowed:", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "110", "title": "110. Power of Corporation to borrow from banks against public securities.", "chapter": null, "content": "[110A. Corporation may take advances from banks and grant mortgages.", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "111", "title": "111. When and how loan shall be repaid.", "chapter": null, "content": "(a) by payment from a sinking fund established under section 112 in respect of the loan;\n(b) by equal payments of principal and interest;\n(c) by equal payments of principal;\n(d) in the case of a loan borrowed before the appointed day by annual drawings if such method was in operation for the repayment of such loan immediately before such day;\n(e) from any sum borrowed for the purpose under section 109(1)(b); or\n(f) partly from a sinking fund established under section 112 in respect of the loan and partly from money borrowed for the purpose under section 109(1) (b).", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "112", "title": "112. Maintenance and application of sinking fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "113", "title": "113. Investment of sinking fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "114", "title": "114. Investments of sinking fund and surplus moneys in debentures issued by Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "115", "title": "115. Annual examination of sinking funds.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "116", "title": "116. Provisions for loans raised before the appointed day.", "chapter": null, "content": "(a) if when such loans were raised the loans were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums on such dates as may have been fixed when the loans were raised;\n(b) all securities and cash held on the date immediately preceding the appointed day in sinking funds established for the repayment of such loans shall be held by the Corporation as part of the sinking funds established under clause (a);\n(c) the provisions of section 112 shall apply to such sinking funds;\n(d) if when any such loans were raised the loans were made repayable by equal payments of principal and interest or by equal payments of principal or by annual drawings, the Corporation shall make such payments or annual drawings on such dates and in such manner as may have been fixed when the loans were raised;\n(e) the provisions of section 117 shall apply to such loans.", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "117", "title": "117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "118", "title": "118. Form of debentures.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "119", "title": "119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "120", "title": "120. Debentures issued to two or more persons jointly.", "chapter": null, "content": "(1) when any debenture or security issued under this Act is payable to two or more persons jointly, and either or any of them dies, the debenture or security shall be payable to the survivor or survivors of such person:\n(2) when two or more persons are joint holders of any debentures or security issued under this Act, any of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security unless notice to the contrary has been given to the Corporation by any other of such persons.", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "121", "title": "121. Issue of duplicate securities.", "chapter": null, "content": "(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),-\n(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and\n(ii) for the issue of a duplicate debenture payable to the applicant, or\n(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2),-\n(i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and\n(ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "122", "title": "122. Renewal of debentures.", "chapter": null, "content": "(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party,\n(b) refuse to renew the debenture until such decision has been obtained, or\n(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration issue a renewed debenture in favour of such party in accordance with the provisions of sub-section (1), unless within that period he has received notice that proceedings have been instituted by any person in a Court of competent jurisdiction for the purpose of establishing a title to such debenture.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "123", "title": "123. Liability in respect of debenture renewed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "124", "title": "124. Discharge in certain cases.", "chapter": null, "content": "(a) in the case, of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121 or from the date of the last payment of interest on the original debenture, whichever date is later;\n(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof; and\n(c) in the case of a payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 121.", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "125", "title": "125. Indemnity.", "chapter": null, "content": "(1) issue a renewed debenture upon receiving such indemnity in favour of the Corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or\n(2) refuse to issue a renewed debenture unless such indemnity is given.", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "126", "title": "126. Annual Statement to be prepared by Commissioner.", "chapter": null, "content": "(a) the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year, the date of borrowing and the annual loan charges;\n(b) the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;\n(c) in the case of every loan for which a sinking fund is maintained the amount of accumulation in the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year;\n(d) the loans repaid in the year and in the case of the loans repaid in instalments or by annual drawings, the amounts, repaid in the year, and the balance due at the close of the year;\n(e) the particulars of securities in which the sinking funds have been invested or reserved therefor.\n[Chapter XAA]\nFinance Commission", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "126AA", "title": "126AA. Finance Commission.", "chapter": null, "content": "(a) the principles which should govern-\n(i) the distribution between the State and the Corporations of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Corporations at all levels of their respective shares of such proceeds;\n(ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Corporations;\n(iii) the grants-in-aid to the Corporations from the Consolidated Fund of the State;\n(b) the measures needed to improve the financial position of the Corporation,\n(c) any other matter referred to the Finance Commission in the interest of sound finance of the Corporations.\n[Chapter X-A] Financial Assistance to Corporations 126A. Power of State Government to make grants. - [(1) The State Government may, after considering recommendations of the [Finance Commission or otherwise] determine whether for augmenting the finances of the Corporation for any of the purposes of this Act it is necessary to make any grant to the Corporation and if so, the amount thereof.\nFinancial Assistance to Corporations", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "126A", "title": "126A. Power of State Government to make grants.", "chapter": null, "content": "Chapter X-B\nTaxation by the State Government", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "126B", "title": "126B. Levy of fifty paise cess on every rupee of land revenue.", "chapter": null, "content": "(a) every sum payable to the State Government as ordinary land revenue except sums payable on account of any of the charges mentioned in subsection (2) and except sums payable on account of any of the charges which may be notified by the State Government in this behalf;\n(b) every sum which would have been payable as land revenue by a small holder as defined in the Explanation to section 45 of the Bombay band Revenue Code, 1879 (Bom V of 1879) in respect of the land held by him for the time being for the purpose of agriculture, had land revenue been payable in respect of such land under the said section by such small holder; and\n(c) every sum which would have been assessable on any land as land revenue had there been no alienation of the land revenue:\n(i) penalties and fines, including any charge imposed under section 148 of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), as penalty or interest in case of default:\n(ii) fees for grazing when charged per head of cattle.", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "126C", "title": "126C. Levy of cess on water rate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "126B", "title": "126D. Manner of levying cess described in section 126B.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "126C", "title": "126E. Manner of levying cess described in section 126C.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "126F", "title": "126F. Collection and credit of local cess on land revenue and water rates.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "126G", "title": "126G. Suspension and remission of local cess.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "126H", "title": "126H. Validation of levy, assessment and collection of cess on land revenue and water-rate in Cities.", "chapter": null, "content": "(i) the provisions of this Act as amended by the Bombay Provincial Municipal Corporations (Gujarat Amendment) Act, 1979 (Gujarat 1 of 1979), (hereinafter in this section referred to as \"the said Act\") relating to the levy, assessment and collection of such cess formed part of this Act at any material time when such cess was levied, assessed or collected;\n(ii) all notifications, rules and orders relating to the levy, assessment and collection of such cess had been issued or made under this Act and had been in force, at any such time;\n(iii) the rate at which the cess levied, assessed or collected at any such time had been the rate specified in this Act, and accordingly any such cess levied or assessed before the date of the coming into force of the Ordinance, but not collected before such date may be recovered (after assessment of the cess where necessary) in the manner provided in this Act as amended by the said Act:\nChapter XI\nMunicipal Taxation", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "127", "title": "127. Taxes to be imposed under this Act.", "chapter": null, "content": "[(a) Property taxes either under section 129 or [under section 141AA]\n(b) a tax on vehicles, boats and animals.\n[(b) Subject to and in accordance with the provisions of the Gujarat State Tax on Professions, Trades, Callings and Employments Act, 1976 (President's Act No. 11 of 1976) and the rules made thereunder, a tax on professions, trades, callings and employments;]\n(c) a tax on dogs,\n(d) a theatre tax\n(e) a toll on animals and vehicles [***] entering the City;\n[ [(f) any other tax [not being] [***] [a tax on payments for admission to any entertainment] [or octroi] which the [State] Legislature has power under the [Constitution] to impose in the [State] ] .", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "128", "title": "128. Manner of recovering municipal taxes.", "chapter": null, "content": "(1) by presenting a bill,\n(2) by serving a written notice of demand,\n(3) by distraint and sale of a defaulter's movable property,\n(4) by the attachment and sale of a defaulter's, immovable property,\n(5) in the case of [***] toll, by the seizure and sale of goods and vehicles.\n(6) in the Case of property tax by the attachment of rent due in the respect of the property.\n(7) by a suit.\nProperty Taxes Property Taxes Leviable 129. Property taxes of what to consist and at what rate leviable. - For the purposes of sub-section (1) of section 127 property taxes shall comprise the following taxes which shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City:-\nProperty Taxes Leviable", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "129", "title": "129. Property taxes of what to consist and at what rate leviable.", "chapter": null, "content": "[(a) a water tax at such percentage of their rateable value as the Corporation shall deem reasonable, for providing a water supply for the City:\n(i) in respect of any one separate holding of land or of any one building (not being premises used exclusively for residential purpose) or of any one portion of a building which is let as a separate holding and which is not used exclusively for residential purpose, be not less than five rupees per mensem for any official year commencing on the first day of April, 1993;\n(ii) in respect of any premises used exclusively for residential purpose, be not less than three rupees per mensem for any official year commencing on the first day of April, 1993;\n(b) a conservancy tax at such percentage of their rateable value, as will in the opinion of the Corporation suffice to provide for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains constructed or used for efficiently maintaining and repairing the municipal drains constructed or used for reception or conveyance of such matters:\n(c) a general tax of not less than twelve per cent [but not more than thirty per cent.] of their rateable value, which may be levied, if the Corporation so determines on a graduated scale;\n[(d) betterment charges leviable under Chapter XVI.]\n[129A. Temporary reduction in minimum rate of general tax in respect of Corporations of Baroda and Surat and validation of action taken.\n[129B. Temporary reduction in minimum rate of general tax in respect of Corporation of Rajkot and validation of action taken.", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "130", "title": "130. Water tax on what premises levied.", "chapter": null, "content": "(a) to which private water supply is furnished from, or which are connected by means of communication pipes with any municipal water works; or\n(b) which are situated in a portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or of public standposts, fountains or by any other mean.", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "131", "title": "131. Conservancy tax on what premises to be levied.", "chapter": null, "content": "(a) situated in any portion of the City in which, public notice has been given by the Commissioner that the collection, removal and, disposal of all excrementitious and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or\n(b) in which, wherever situate, there is a privy, water-closet, cess-pool, urinal, bathing place or cooking place connected by a drain with a municipal drain;", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "132", "title": "132. General Tax on what premises to be levied.", "chapter": null, "content": "(a) buildings and lands solely used for purposes, connected with the disposal of the dead;\n(b) buildings and lands or portions thereof solely occupied and used for public worship or for a public charitable purposes;\n(c) buildings an lands vesting in the [Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or the Corporation, respectively.\n(a) buildings or lands or portions thereof in which any trade or business is\n(b) buildings or lands or portions thereof in respect of which rent is derived whether such rent is or is not applied solely to religious or charitable purposes.", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "133", "title": "133. Payments to be made to Corporation in lieu of general tax by [State] Government.", "chapter": null, "content": "Special Provisions Relating to Water and Conservancy Taxes", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "134", "title": "134. Fixed charges and agreements for payments in lieu of taxes for water supplied.", "chapter": null, "content": "(a) in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate as shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation.\n(b) in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would otherwise be leviable from such person in respect of the said premises.\n135. [Government] to be charged for water by measurement.", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "136", "title": "136. Supply of water at public drinking fountains, etc. not to be taxed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "137", "title": "137. Conservancy tax may be fixed at special rate in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "138", "title": "138. Water tax or conservancy tax paid by any person may be recovered by him from the occupier of the premises for which it is paid.", "chapter": null, "content": "Liability for Property Taxes", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "139", "title": "139. Primary responsibility for property taxes on whom to rest.", "chapter": null, "content": "(a) if the premises are held immediately from the [Government] , or from the Corporation, from the actual occupier thereof:\n(b) if the premises are not so held,-\n(i) from the lessor if the premises are let;\n(ii) from the superior lessor if the premises are sub-let;\n(iii) from the person in whom the right to let the premises vests if they are unlet.\n[139A. Apportionment of responsibility for property tax when the premises assessed are let or sub-let.", "footnote": "", "is_definition": false, "sort_order": 145 }, { "number": "140", "title": "140. When occupiers may be held liable for payment of property taxes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 146 }, { "number": "141", "title": "141. Property taxes to be a first charge on premises on which they are assessed.", "chapter": null, "content": "Explanation.\n[141A. Levy of interest on the sum due on account of property tax.\n[Property Taxes]", "footnote": "", "is_definition": false, "sort_order": 147 }, { "number": "141AA", "title": "141AA. Property taxes of what to consist and at what rate leviable.", "chapter": null, "content": "(a) a water tax at such percentage of the amount of general tax levied under section 141B as the Corporation shall deem reasonable, for providing water supply for the City: 4\n(i) in respect of any one separate holding of land or of any one building (not being premises used exclusively for residential purpose) or of any one portion of a building which is let as a separate holding and which is not used exclusively for residential purpose, be not less than five rupees per mensem for any official year;\n(ii) in respect of any premises used exclusively for residential purpose, be not less than three rupees per mensem for any official year;\n(b) a conservancy and sewerage tax at such percentage of the amount of general tax levied under section 14IB as will in the opinion of the Corporation suffice to provide for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains constructed or used for the reception or conveyance of such matters:\n(c) a general tax which may be levied in accordance with the provisions of section 14 IB, if the Corporation so determines on a graduated scale;\n(d) betterment charges leviable under Chapter XVI.\n(ii) The water tax for providing water supply for the City and the conservancy tax for the collection, removal and disposal of all excrementitious and polluted matters from privies, urinals and cess-pools and for efficiently maintaining and repairing the municipal drains may be levied and collected jointly as \"water and sewerage charges' at the rate based on the carpet area and the type of the property.]\n141B. [General tax] at what rate leviable.\n(a) the buildings may be classified into residential buildings and buildings other than residential; and\n(b) the Corporation may determine one rate of tax for residential buildings and.the other rate of tax for buildings other than residential:\n(a) in respect of residential buildings, be less than ten rupees per square metre of carpet area and more than forty rupees per square metre of carpet area, and\n(b) in respect of buildings other than residential, be not less than twenty rupees per square metre of carpet area and more than eighty rupees per square metre of carpet area.\n(a) in the case of residential buildings, having regard to the following factors, namely:-\n(i) the market value of the land in the area of the City in which the buildings are situated,\n(ii) the length of the time of the existence of the buildings.\n(iii) the type of the buildings, and\n(iv) whether the buildings are occupied by owners or tenants.\n(b) in the case of buildings other than residential, having regard to the following factors, namely:-\n(i) the market value of the land in the area of the City in which the buildings are situated.\n(ii) the length of the time of the existence of the buildings,\n(iii) the purpose for which the buildings are used, and\n(iv) whether the buildings are occupied by owners or tenants.\n(a) residential huts, and\n(b) residential tenements in a chawl , each such tenement having carpet area not exceeding twenty-five square metres,-\n141C. [Property taxes] on what buildings and lands to be levied.", "footnote": "", "is_definition": false, "sort_order": 148 }, { "number": "141D", "title": "141D. Payments to be made to Corporation in lieu of [property taxes] .", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 149 }, { "number": "141E", "title": "141E. Rebate in certain cases.", "chapter": null, "content": "(a) to which private water supply is not furnished from, or which are not connected by means of communication pipes with, any municipal water works, or\n(b) which are not situate in any portion of the City in which the Commissioner\n[141F. Application of certain sections to levy property taxes.\nTax on Vehicles, Boats and Animals", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "142", "title": "142. Tax on vehicles, boats and animals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 151 }, { "number": "143", "title": "143. Exemptions from the tax.", "chapter": null, "content": "(a) vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking.\n(b) vehicles, boats and animals vesting in the [Government] and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces;\n(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;\n(d) children's perambulators and tricycles;\n(e) vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a conveyance for the discharge of their duties:\n(f) vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used:\n[(g) vehicles used exclusively for the conveyance of disabled person:]", "footnote": "", "is_definition": false, "sort_order": 152 }, { "number": "144", "title": "144. Liverystable keepers and others may be compounded with.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 153 }, { "number": "145", "title": "145. Power to inspect stables and summon persons liable to the tax.", "chapter": null, "content": "Exemption from Theatre tax", "footnote": "", "is_definition": false, "sort_order": 154 }, { "number": "148", "title": "148. Exemption from theatre tax.", "chapter": null, "content": "(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;\n(b) any entertainment or amusement which is not open to the general public on payment;\n(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised for a public charitable purpose;\nOther Taxes", "footnote": "", "is_definition": false, "sort_order": 155 }, { "number": "149", "title": "149. Procedure to be followed in levying other taxes.", "chapter": null, "content": "(a) the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted.\n(b) the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax;\n(c) the information required to be given of liability to the tax;\n(d) the penalties to which persons evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected;\n(e) such other matters, not inconsistent with the provisions of this Act, as may be deemed expedient by the Corporation:\nSupplementary Taxation", "footnote": "", "is_definition": false, "sort_order": 156 }, { "number": "150", "title": "150. Any tax imposable under this Act may be increased or newly imposed by way of imposing supplementary taxation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 157 }, { "number": "151", "title": "151. Refunds of taxes how obtainable.", "chapter": null, "content": "Writing Off of Taxes", "footnote": "", "is_definition": false, "sort_order": 158 }, { "number": "152", "title": "152. Writing off of irrecoverable taxes.", "chapter": null, "content": "[152A. Assessment, Levy, etc., of property taxes in the city of Ahmedabad for past years in respect of certain properties.\nChapter XII\nDrains and Drainage Municipal Drains", "footnote": "", "is_definition": false, "sort_order": 159 }, { "number": "153", "title": "153. Drains to be constructed and kept in repair by the Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "154", "title": "154. Adoption by Corporation of drains and drainage or sewage disposal works.", "chapter": null, "content": "(a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Commissioner has provided, or proposes to provide, for the City or any part thereof;\n(b) whether the drain is constructed under a street or under land reserved by or under the provisions of this Act or any other law for the time being in force for a street;\n(c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings;\n(d) the method of construction and state of repair of the drain or works; and\n(e) whether the making of the proposed declaration would be seriously detrimental to the owner of the drain or works in question.", "footnote": "", "is_definition": false, "sort_order": 161 }, { "number": "155", "title": "155. Powers for making drains.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 162 }, { "number": "156", "title": "156. Alteration and discontinuance of drains.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 163 }, { "number": "157", "title": "157. Cleansing drains.", "chapter": null, "content": "Drains of Private Streets and Drainage of Premises", "footnote": "", "is_definition": false, "sort_order": 164 }, { "number": "158", "title": "158. Power to connect drain of private street with municipal drain.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 165 }, { "number": "159", "title": "159. Right of owners and occupiers of buildings and lands to drain into municipal drain.", "chapter": null, "content": "(a) to discharge directly or indirectly into any municipal drain any trade effluent except in according with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;\n(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,-\n(i) foul water into a drain provided for surface water; or\n(ii) except with the permission of the Commissioner surface water into a drain provided for foul water; or\n(c) to have his drain made to communicate directly with a storm-water overflow drain.", "footnote": "", "is_definition": false, "sort_order": 166 }, { "number": "160", "title": "160. Powers of Commissioner to require drain or proposed drain to be so constructed as to form part of general system.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 167 }, { "number": "158", "title": "161. Connections with municipal drains not to be made except in conformity with Section 158 or 159.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 168 }, { "number": "162", "title": "162. Right of owners and occupiers of premises to carry drain through land belonging to other persons.", "chapter": null, "content": "(a) cause the work to be executed with the least practicable delay;\n(b) fill in, reinstate and make good at his own cost and with the least practicable delay, the ground or portion of any building or other construction opened, broken up or removed for the purpose of executing the said work;\n(c) pay compensation to any person who sustains damage by the execution of the said work.", "footnote": "", "is_definition": false, "sort_order": 169 }, { "number": "163", "title": "163. Owner of land to allow others to carry drains through the land.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "164", "title": "164. Commissioner may enforce drainage of undrained premises situate within hundred feet of municipal drain.", "chapter": null, "content": "(a) to make a drain of such material, size and description and laid at such level and according to such alignment and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid at such point as the Commissioner may consider suitable:\n(b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off the-said premises and of effectually flushing such drain and every fixture connected therewith;\n(c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which in the opinion of the Commissioner is injurious to health;\n(d) to provide a closed drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing which is , or which is likely to be, injurious to health;\n(e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed, and conveying the same through spouts, by down-take pipes, so as to prevent such water from discharging directly on street or inside any lower portion of the premises.\n[164A. Premises deemed to be without effectual drainage.", "footnote": "", "is_definition": false, "sort_order": 171 }, { "number": "165", "title": "165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of municipal drain.", "chapter": null, "content": "(a) to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; or\n(b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.", "footnote": "", "is_definition": false, "sort_order": 172 }, { "number": "166", "title": "166. Special provisions relating to trade effluent.", "chapter": null, "content": "[166A. Special provisions regarding drainage of trade effluents.\n(a) to discharge the trade effluent from the premises in such manner, at such times, through such drains and subject to such conditions as may be specified in the notice and to cease to discharge the trade effluent otherwise than in accordance with the notice;\n(b) to purify the trade effluent before its discharge into a municipal drain, and to set up for purifying the trade effluent such appliances, apparatus, fittings and plant as may be specified in the notice;\n(c) to construct a drain of such material, size and description and laid at such leval and according to such alignment and with such fall and outlet as may be specified in the notice;\n(d) to alter, amend, repair or renovate any purification plant, existing drains, apparatus, plant-fitting or article used in connection with any municipal or private drain.]", "footnote": "", "is_definition": false, "sort_order": 173 }, { "number": "167", "title": "167. Power of Commissioner to drain premises in combination.", "chapter": null, "content": "(a) the nature of the intended work,\n(b) the estimated expenses thereof, and\n(c) the proportion of such expenses payable by each owner.", "footnote": "", "is_definition": false, "sort_order": 174 }, { "number": "168", "title": "168. Commissioner may close or limit the use of existing private drains.", "chapter": null, "content": "(a) subject to the provision of sub-section (2), close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;\n(b) direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only, or for rain-water only or for unpolluted sub-soil water only, or for both rain-water and unpolluted subsoil water only, and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rainwater or unpolluted sub-soil water, or for both rain-water and unpolluted sub-soil water, or for sullage and sewage.", "footnote": "", "is_definition": false, "sort_order": 175 }, { "number": "169", "title": "169. Vesting and maintenance of drains for sole use of properties.", "chapter": null, "content": "(a) notwithstanding anything contained in section 170, vest in the owner of such premises or group of premises on and from the appointed day;\n(b) be provided with all such further appliances and fitting as may appear to the Commissioner necessary for the more effectual working of the same, and also be maintained in good repair and efficient condition by the owner of such premises or group of premises, and be from time to time flushed, cleansed and emptied by the Commissioner at the charge of the Municipal Fund.", "footnote": "", "is_definition": false, "sort_order": 176 }, { "number": "170", "title": "170. Right of Corporation to drains, etc. constructed, etc. at charge of Municipal Fund on premises not belonging to Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 177 }, { "number": "171", "title": "171. New building not to be erected without drains.", "chapter": null, "content": "(a) a drain be constructed of such size, material and description at such level and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such building;\n(b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off the said building and the said premises and of effectually flushing the drain of the said building and every fixture connected therewith.", "footnote": "", "is_definition": false, "sort_order": 178 }, { "number": "172", "title": "172. Obligation of owners of drains to allow use or joint ownership to others.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 179 }, { "number": "173", "title": "173. How right of use of joint ownership of a drain may be obtained by a person other than the owner.", "chapter": null, "content": "(a) connecting the two drains; or\n(b) renewing, repairing or altering the connection; or\n(c) discharging any responsibility attaching to the person in whose favour the Commissioner's order is made for maintaining, repairing, flushing, cleansing or emptying the joint drain or any part thereof.", "footnote": "", "is_definition": false, "sort_order": 180 }, { "number": "174", "title": "174. Sewage and rain water drains to be distinct.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 181 }, { "number": "175", "title": "175. Affixing of pipes for ventilation of drains, etc.", "chapter": null, "content": "Disposal of Sewage", "footnote": "", "is_definition": false, "sort_order": 182 }, { "number": "176", "title": "176. Appointment of places for emptying of drains and disposal of sewage.", "chapter": null, "content": "(a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not heretofore emptied, or dispose of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the Corporation;\n(b) no municipal drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which the [State] Government shall think fit to disallow.", "footnote": "", "is_definition": false, "sort_order": 183 }, { "number": "177", "title": "177. Provision of means for disposal of sewage.", "chapter": null, "content": "Water-Closet, Privies, Urinals Etc.", "footnote": "", "is_definition": false, "sort_order": 184 }, { "number": "178", "title": "178. Construction of water-closet and privies.", "chapter": null, "content": "(a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and\n(b) what shall be the site or position of each water-closet or privy.\n[178A. Power of Commissioner to require owner to provide water-closet or privy accommodation.", "footnote": "", "is_definition": false, "sort_order": 185 }, { "number": "179", "title": "179. Water-closet and other accommodation in buildings newly erected or re-erected.", "chapter": null, "content": "(a) whether such building or work shall be served by the water-closet or by the privy system, or partly by one and partly by the other;\n(b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place and their number.", "footnote": "", "is_definition": false, "sort_order": 186 }, { "number": "180", "title": "180. Public necessaries.", "chapter": null, "content": "Inspection", "footnote": "", "is_definition": false, "sort_order": 187 }, { "number": "181", "title": "181. Drains, etc. not belonging to Corporation to be subject to inspection and examination.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 188 }, { "number": "182", "title": "182. Power to open ground, etc. for purposes of inspection and examination.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 189 }, { "number": "183", "title": "183. Expenses of inspection and examination.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 190 }, { "number": "184", "title": "184. Commissioner may require repairs, etc. to be made.", "chapter": null, "content": "(a) by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up,-\n(i) to close or remove the same or any encroachment thereupon or, subject to the proviso to clause (c) of sub-section (1) of section 186, to remove any projection over the same; or\n(ii) to renew, repair, cover,, recover, trap, ventilate, flush, pave and pitch or take such other order to keep the same in working condition by effecting such other works as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose to such inspection and examination; and\n(b) without notice, close, fill up or demolish any drain by which sullage or sewage is carried through, from, into or upon any premises in contravention of any of the provisions of this Act, or the rules or bye-laws, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.", "footnote": "", "is_definition": false, "sort_order": 191 }, { "number": "185", "title": "185. Cost of inspection and execution of works in certain cases.", "chapter": null, "content": "(a) a drain constructed under sub-section (1) of section 167, or\n(b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-clause (1) of section 173, the expenses of any inspection and examination made by the Commissioner under Section 181 and of the execution of any work required under section 184, whether executed under Section 188 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined Dy the Commissioner.\n[185A. Power of Commissioner to provide house drain, water-connections, etc. in premises where owner is not willing to do so.\nGeneral Provisions", "footnote": "", "is_definition": false, "sort_order": 192 }, { "number": "186", "title": "186. Prohibition of acts contravening the provisions of the Act, rules or bye laws or done without sanction.", "chapter": null, "content": "(a) in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;\n(b) without the written permission of the Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been or has been ordered to be, discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws;\n(c) without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place:\n(d) drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes, dung or any substance or, matter which is likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents;\n(e) pass, or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided;\n(f) except as provided by or under this Act, cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of a temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain, dangerous or the cause of a nuisance or prejudicial to health;\n(g) cause or suffer to be discharged into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances or such product of petroleum or mixture containing petroleum as gives off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.", "footnote": "", "is_definition": false, "sort_order": 193 }, { "number": "187", "title": "187. Water closets, etc. not to be injured or improperly fouled.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 194 }, { "number": "188", "title": "188. Commissioner may execute certain works under this Act without allowing option to persons concerned of executing the same.", "chapter": null, "content": "Chapter XIII\nWater Supply\nConstruction and Maintenance of Municipal Water Works", "footnote": "", "is_definition": false, "sort_order": 195 }, { "number": "189", "title": "189. Water supply.", "chapter": null, "content": "(a) construct, maintain in good repair, alter, improve and extend water-works, either within or without the City, and do any other necessary acts;\n(b) purchase or take on lease any water-work, or any water or right to store or to take and convey water either within or without the City;\n(c) enter into an arrangement with any person for a supply of water.", "footnote": "", "is_definition": false, "sort_order": 196 }, { "number": "190", "title": "190. Inspection of Municipal water-works by persons appointed by [State] Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 197 }, { "number": "191", "title": "191. Power of access to municipal water works.", "chapter": null, "content": "(a) enter upon and pass through any land, within or without the City, adjacent to or in the vicinity of such water-works, in whomsoever such land may vest;\n(b) cause to be conveyed into and through any such land all necessary men, materials, tools and implements.", "footnote": "", "is_definition": false, "sort_order": 198 }, { "number": "192", "title": "192. Power of carrying water-mains, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 199 }, { "number": "193", "title": "193. Fire-hydrants to be provided.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 200 }, { "number": "194", "title": "194. Prohibition of certain acts affecting the municipal water-works.", "chapter": null, "content": "(a) erect any building for any purpose whatever on any part of such area as shall be demarcated by the Commissioner surrounding any lake, tank, well or reservoir from which a supply of water is derived for a municipal water-work;\n(b) remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid;\n(c) extend; alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the area aforesaid; or\n(d) carry on, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of any such lake, tank, well or reservoir may be fouled or rendered less wholesome.\n(a) cause or suffer to percolate or drain into or upon any municipal water-work or to be brought thereinto or thereupon anything, or to be done any act, whereby the water therein may be in any way fouled or polluted or its quality, altered;\n(b) alter the surface of any municipal land adjacent to or forming part of any such work by digging thereinto or depositing thereon any substance;\n(c) cause or suffer to enter into the water in such work any animal;\n(d) throw put anything into or upon the water in such work;\n(e) bathe in or near such work; or\n(f) wash or cause to be washed in or near such work any animal or thing.", "footnote": "", "is_definition": false, "sort_order": 201 }, { "number": "195", "title": "195. Buildings, etc. not to be erected over municipal water-main without permission.", "chapter": null, "content": "Public Gratuitous Water-Supply", "footnote": "", "is_definition": false, "sort_order": 202 }, { "number": "196", "title": "196. Vesting of public drinking fountains, etc. in the Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 203 }, { "number": "197", "title": "197. Public drinking fountains etc. may be set apart for particular purposes.", "chapter": null, "content": "Private Water Supply", "footnote": "", "is_definition": false, "sort_order": 204 }, { "number": "198", "title": "198. Conditions as to use of water not to be contravened.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 205 }, { "number": "199", "title": "199. Water-pipes, etc. not to be placed where water will be polluted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 206 }, { "number": "200", "title": "200. Prohibition of fraudulent and unauthorised use of water.", "chapter": null, "content": "General", "footnote": "", "is_definition": false, "sort_order": 207 }, { "number": "201", "title": "201. Power to supply water without the City.", "chapter": null, "content": "Chapter XIV\nStreets Construction, Maintenance and Improvement of Streets", "footnote": "", "is_definition": false, "sort_order": 208 }, { "number": "202", "title": "202. Vesting of public streets in Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 209 }, { "number": "203", "title": "203. Power of Commissioner in respect of public streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 210 }, { "number": "204", "title": "204. Disposal of land forming site of closed streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 211 }, { "number": "205", "title": "205. Power to make new public streets.", "chapter": null, "content": "(a) lay out and make a new public street;\n(b) agree with any person for the making of a street for public use through the land of such person, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation, and that such street shall become, on completion, a public street, which shall vest in the Corporation;\n(c) construct bridges and sub-ways;\n(d) divert or turn an existing pubic street vested in the Corporation or a portion thereof.", "footnote": "", "is_definition": false, "sort_order": 212 }, { "number": "206", "title": "206. Minimum width of new public streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 213 }, { "number": "207", "title": "207. Power to adopt, construct or alter any sub-way, bridge, etc.", "chapter": null, "content": "(a) to adopt and maintain any existing or protected sub-way, bridge, viaduct or arch, and the approaches thereto, and may accordingly adopt and maintain such sub-way, bridge, viaduct or arch and approaches as parts of public streets, or as property vesting in the Corporation, or\n(b) for the construction or alteration of any such sub-way, bridge, viaduct or arch or for the purchase or acquisition of any adjoining land required for the foundations and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the Corporation.", "footnote": "", "is_definition": false, "sort_order": 214 }, { "number": "208", "title": "208. Power to prohibit use of public streets for certain kinds of traffic.", "chapter": null, "content": "(a) prohibit vehicular traffic in any particular street vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;\n(b) prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to the roadways or any construction thereon, or risk or obstruction to other vehicles or to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants, and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.", "footnote": "", "is_definition": false, "sort_order": 215 }, { "number": "209", "title": "209. Power to acquire premises for improvement of public streets.", "chapter": null, "content": "(a) acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land;\n(b) acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon, as it shall seem expedient for the Corporation to acquire outside of the regular line, or of the intended regular line, of such street;\n(c) lease, sell or otherwise dispose of any land or building purchased under clause (b).", "footnote": "", "is_definition": false, "sort_order": 216 }, { "number": "210", "title": "210. Power to prescribe street lines.", "chapter": null, "content": "(a) prescribe a line on one or both sides of any public street:\n(b) from time to time, but subject in each case to the previous approval of the Standing Committee, prescribe a fresh line in substitution for any line so prescribed or for any part thereof:\n(b) No person shall construct or reconstruct any boundary wall or a portion of a boundary wall within the regular line of the street except with the written permission of the Commissioner:\n(b) The Commissioner may, before granting such permission, require the owner to deposit in the municipal office an amount sufficient in his opinion to cover the cost of removal and such compensation, if any, as may be payable to any successor in title or transferee of such building.", "footnote": "", "is_definition": false, "sort_order": 217 }, { "number": "211", "title": "211. Setting back buildings to the regular line of the street.", "chapter": null, "content": "(a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or\n(b) to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street,", "footnote": "", "is_definition": false, "sort_order": 218 }, { "number": "212", "title": "212. Additional power to Commissioner to order setting back of buildings to regular line of street.", "chapter": null, "content": "(a) require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or\n(b) require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.", "footnote": "", "is_definition": false, "sort_order": 219 }, { "number": "213", "title": "213. Acquisition of open land or of land occupied by platforms, etc., within regular line of street.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 220 }, { "number": "214", "title": "214. Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 221 }, { "number": "215", "title": "215. Setting forward of buildings to the line of the street.", "chapter": null, "content": "(a) to rebuild such building, or\n(b) to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet, in any order which he issues concerning the rebuilding, alteration or repair of such building, permit or, with the approval of the Standing Committee, require such building to be set forward to the regular line of the street.", "footnote": "", "is_definition": false, "sort_order": 222 }, { "number": "216", "title": "216. Compensation to be paid and betterment charges to be levied.", "chapter": null, "content": "(i) any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be take into consideration and allowed for in determining the amount of such compensation;\n(ii) if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment charge.\nProvisions Regarding Private Streets", "footnote": "", "is_definition": false, "sort_order": 223 }, { "number": "217", "title": "217. Notice to be given to Commissioner of intention to lay out lands for buildings and for private streets.", "chapter": null, "content": "(a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon,\n(b) to divide land (whether unbuilt or partly built) into building, plots,\n(c) to use any land or a portion thereof or permit the same to be used for building purposes, or\n(d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not,", "footnote": "", "is_definition": false, "sort_order": 224 }, { "number": "218", "title": "218. Commissioner may call for further particulars.", "chapter": null, "content": "(a) to furnish the required information together with all or any of the documents specified in the rules, or\n(b) to revise any or all the schemes submitted under the said clause (a), (b) or\n(c) so as to provide for the making or laying out of a private street or private streets of such width or widths as he may specify in addition to or in substitution of any means of access proposed to be provided in such scheme or schemes and to furnish such further information and documents relating to the revised scheme or schemes as he may specify.", "footnote": "", "is_definition": false, "sort_order": 225 }, { "number": "219", "title": "219. Commissioner may require plans to be prepared by licensed surveyor.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 226 }, { "number": "220", "title": "220. Laying out of land, dimensions and area of each building plot laying out of private streets and buildings and heights of buildings to be determined by Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 227 }, { "number": "221", "title": "221. Land not to be appropriated for building and private street not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner's directions.", "chapter": null, "content": "(a) unless such person has given previous written notice of his intention as provided in section 217 not until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;\n(b) after the expiry of the period of one year specified in sub-section (2) of section 220;\n(c) unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven day's of the date mentioned in the notice.\n(a) to show cause on or before such day as shall be specified in such notice by statement in writing subscribed by him in that behalf and addressed to the Commissioner, why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or, if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or\n(b) to attend personally or by an agent duly authorised by him in that behalf on such day and at such time and place as shall be specified in such notice and show cause as aforesaid.", "footnote": "", "is_definition": false, "sort_order": 228 }, { "number": "220", "title": "222. Renewal of notice of intention to carry out works not executed in pursuance of approval given under section 220.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 229 }, { "number": "223", "title": "223. Levelling and draining of private streets and means of access.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 230 }, { "number": "224", "title": "224. Power to declare private streets when sewered etc. public streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 231 }, { "number": "223", "title": "225. Applicability of section 223 and 224 when a street is in part public and in part private.", "chapter": null, "content": "Projections and Obstructions", "footnote": "", "is_definition": false, "sort_order": 232 }, { "number": "226", "title": "226. Prohibition of projections upon streets, etc.", "chapter": null, "content": "(a) overhang, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along any street, or\n(b) jut or project into or encroach upon any rain or open channel in any street, so as to in any way to interfere with the use of proper working of such drain or channel or to impede the inspection or cleansing thereof.", "footnote": "", "is_definition": false, "sort_order": 233 }, { "number": "227", "title": "227. Projections over streets may be permitted in certain cases.", "chapter": null, "content": "(a) to erect an arcade over such street or any portion thereof, or\n(b) to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame, canopy, awning, or other such structure or thing projecting from any storey over or across any street or portion thereof:", "footnote": "", "is_definition": false, "sort_order": 234 }, { "number": "228", "title": "228. Ground-floor doors etc., not to open outwards on streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 235 }, { "number": "229", "title": "229. Prohibition of structures or fixtures which cause obstruction in streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 236 }, { "number": "230", "title": "230. Prohibition of deposits etc., of things in streets.", "chapter": null, "content": "(a) place or deposit upon any street, or upon any open channel, drain, or well in any street or in any public place any stall, chair, bench, box, ladder, bale, or other thing whatever so as to form an obstruction thereto or encroachment thereon;\n(b) project at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street;\n(c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.", "footnote": "", "is_definition": false, "sort_order": 237 }, { "number": "231", "title": "231. Commissioner may, without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act.", "chapter": null, "content": "(a) any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture which shall be erected or set up in or upon or over any street or upon or over any open channel, drain, well or tank contrary to the provisions of this Act after the appointed day;\n(b) any stall, chair, bench, box, ladder, bale, board or shelf or any other thing whatever placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act;\n(c) any article whatsoever hawked or exposed for sale in a public place or in any public street in contravention of the provisions of this Act and any vehicle, package, box or any other thing in or on which such article is placed.", "footnote": "", "is_definition": false, "sort_order": 238 }, { "number": "232", "title": "232. Power to require removal of any structure or erected fixture or set-up before the appointed day.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 239 }, { "number": "233", "title": "233. Prohibition of tethering of animals in public streets.", "chapter": null, "content": "Temporary Erections on Streets During Festivals", "footnote": "", "is_definition": false, "sort_order": 240 }, { "number": "234", "title": "234. Commissioner may permit booths, etc. to be erected on streets on festivals.", "chapter": null, "content": "Provisions Concerning Execution of Works in or Near to Streets", "footnote": "", "is_definition": false, "sort_order": 241 }, { "number": "235", "title": "235. Streets when broken up for any municipal purposes to be restored without delay.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 242 }, { "number": "236", "title": "236. Commissioner may close streets in which work is in progress.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 243 }, { "number": "237", "title": "237. Commissioner to provide for traffic, etc, pending execution of municipal work in any street.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 244 }, { "number": "238", "title": "238. Precautions to be taken for public safety whilst municipal works are in progress in any street.", "chapter": null, "content": "(a) take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings;\n(b) have any place where the soil or pavement has been opened or broken up, fenced and guarded;\n(c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 236 for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain set up.", "footnote": "", "is_definition": false, "sort_order": 245 }, { "number": "239", "title": "239. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.", "chapter": null, "content": "(a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement, or any wall, fence, posts, chain or other material or thing forming part of any street;\n(b) deposit any building materials in any street; or\n(c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar l5r depositing bricks, lime, rubbish or other materials.", "footnote": "", "is_definition": false, "sort_order": 246 }, { "number": "239", "title": "240. Precautions for public safety to be taken by persons to whom permission is granted under section 239.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 247 }, { "number": "239", "title": "241. Person to whom permission is granted under section 239 must reinstate streets, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 248 }, { "number": "239", "title": "242. Provisions to be made by persons granted permission under section 239 for traffic etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 249 }, { "number": "243", "title": "243. Buildings at corners of streets.", "chapter": null, "content": "Sky-Signs and Advertisements", "footnote": "", "is_definition": false, "sort_order": 250 }, { "number": "244", "title": "244. Regulations as to sky-signs.", "chapter": null, "content": "(a) any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;\n(b) any change is made in the sky-sign, or any part thereof;\n(c) the sky-sign or any part thereof fall either through accident, decay or any other cause;\n(d) any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;\n(e) the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.\n[245. Regulation and control of advertisements.\n(a) is exhibited within the window of any building, or\n(b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein, or to any sale, entertainment or meeting to be held upon or in the same or to the trade or business carried on by the owner of any omnibus or other vehicle upon which such advertisement is exhibited, or;\n(c) relates to the business of any railway company or;\n(d) is exhibited within any railway station or upon any wall or property of a Railway administration not fronting any streets.\n(b) The expression \"illuminate advertisement\" in this section shall not include an illuminated display of goods, if such display,-\n(i) is of goods merely bearing labels showing the name of the article or of its manufacturer or of both, and\n(ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.]\nDangerous Place and Places where some work Affecting human Safety or Convenience is Carried On", "footnote": "", "is_definition": false, "sort_order": 251 }, { "number": "246", "title": "246. Hoards to be set up during work on any building adjacent to street.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 252 }, { "number": "247", "title": "247. Commissioner to take proceedings for repairing or enclosing dangerous place or places where some work affecting safety or convenience is carried on.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 253 }, { "number": "248", "title": "248. Protective measures during demolition work.", "chapter": null, "content": "Lighting of Streets", "footnote": "", "is_definition": false, "sort_order": 254 }, { "number": "249", "title": "249. Public streets to be lighted.", "chapter": null, "content": "(a) take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;\n(b) procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and\n(c) cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.\nWatering of Streets", "footnote": "", "is_definition": false, "sort_order": 255 }, { "number": "250", "title": "250. Measures for watering streets.", "chapter": null, "content": "(a) take measures for having the public streets watered at such time and seasons and in such manner as he shall think fit,\n(b) procure and maintain such vehicles, animals and apparatus as he shall think fit for the said purpose.\nMiscellaneous", "footnote": "", "is_definition": false, "sort_order": 256 }, { "number": "251", "title": "251. Prohibition of removal, etc. of lamps or any other municipal property on streets.", "chapter": null, "content": "(a) any lamp-post or lam ps-iron set up in any public street or in any municipal garden, open space or market or building vesting in the Corporation;\n(b) any electric wire for lighting any such lamp;\n(c) any post, pole, standard, stay, strut, bracket or other contrivance for carrying, suspending or supporting any such electric wire or lamp;\n(b) any property of the Corporation on any street; and no person shall wilfully extinguish the light or damage any appurtenance of any such lamp.", "footnote": "", "is_definition": false, "sort_order": 257 }, { "number": "252", "title": "252. Persons accidentally breaking lamps, etc., to repair the damage.", "chapter": null, "content": "Chapter XV\nBuilding Regulations Notices Regarding Erection, Etc. of Buildings", "footnote": "", "is_definition": false, "sort_order": 258 }, { "number": "253", "title": "253. Notice to be given to Commissioner of intention to erect building.", "chapter": null, "content": "(a) newly to erect a building on any site whether previous built upon or not,\n(b) to re-erect-\n(i) any building of which more than one-half of the cubical contents of the building above the level of the plinth have been pulled down, burnt or destroyed,\n(ii) any masonry building of which more than three-fourths of the superficial area of the external walls above the level of the plinth has been pulled down, or\n(iii) any frame building of which more than three quarters of the number of the posts or beams in the external walls have been pulled down.\n(c) to convert into a dwelling house any building or part of a building not originally constructed for human habitation or, if originally so constructed, appropriated for any other purpose,\n(d) to convert into more than one dwelling house a building originally constructed as one dwelling house only.\n(e) to convert by any structural alteration into a place of religious worship or into a sacred building any place or building not originally meant or constructed for such purpose;\n(f) to roof or cover an open space between walls or buildings as regards the structure which is formed by roofing or covering such space,\n(g) to convert by a structural alteration two or more tenements in building into a greater or lesser number,\n(h) to make any structural alteration in a building so as to affect its drainage or sanitary arrangements or its stability.\n(i) to convert into a stall, shop, warehouse or godown any building not originally constructed for use as such, or\n(j) to construct in a wall adjoining any street or land not vested in the owner of the wall, a door opening on such street or land, and each of the above operations shall be deemed to be the erection of a new building for the purposes of this Chapter.", "footnote": "", "is_definition": false, "sort_order": 259 }, { "number": "254", "title": "254. Notice to be given to Commissioner of intention to make additions etc. to building.", "chapter": null, "content": "(a) to make any addition to a building,\n(b) to make any alteration or re pairs to a building, not being a frame-building involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,\n(c) to make any alteration or repairs to a frame-building, involving the removal or re-erection of more than one-half of the posts or beams in any such wall thereof as aforesaid, or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,\n(d) to make any alteration in a building involving-\n(i) the sub-division of any room in such building so as to convert the same into two or more separate rooms, or\n(ii) the conversion of any passage or space in such building into a room or rooms,\n(e) to repair, remove, construct, reconstruct or add to any portion of a building abutting on a street which stands within the regular line of such street,\n(f) to carry out any work in a building involving-\n(i) the construction or re-construction of a roof,\n(ii) the conversion of a roof into a terrace,\n(iii) the conversion of a terrace into a roof, or\n(iv) the construction of a lift shaft,\n(g) to carry out any repairs to a building involving the construction of a floor of a room (excluding the ground floor),\n(h) to permanently close any door or window in an external wall, or\n(i) to remove or reconstruct the principal staircase or to alter its position, shall given notice to the Commissioner, in the form prescribed in the bye-law and containing all such information as may be required to be furnished under the bye-laws.", "footnote": "", "is_definition": false, "sort_order": 260 }, { "number": "255", "title": "255. Plans, etc., submitted to be rejected if not drawn etc., in prescribed manner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 261 }, { "number": "256", "title": "256. Effect of non-compliance with requisition made by Commissioner.", "chapter": null, "content": "Commencement of Work", "footnote": "", "is_definition": false, "sort_order": 262 }, { "number": "257", "title": "257. Supervision of buildings and works.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 263 }, { "number": "258", "title": "258. Power to Commissioner to cancel permission on the ground of material misrepresentation by applicant.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 264 }, { "number": "259", "title": "259. Inspection of building in course of erection, alteration, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 265 }, { "number": "260", "title": "260. Proceedings to be taken in respect of building or work Commenced contrary to rules or bye-laws.", "chapter": null, "content": "(a) by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, to show sufficient cause why such building or work shall not be removed, altered or pulled down, or\n(b) shall require the said person on such day and at such time and place as such be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.", "footnote": "", "is_definition": false, "sort_order": 266 }, { "number": "261", "title": "261. Buildings or works commenced contrary to Act may be cut into and laid open for purpose of inspection.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 267 }, { "number": "262", "title": "262. Enforcement of provision concerning buildings and works.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 268 }, { "number": "263", "title": "263. Completion certificates permission to occupy or use.", "chapter": null, "content": "(a) permission has been received from the Commissioner in this behalf, or\n(b) the Commissioner has failed for twenty-one days after receipt of the notice of completion to intimate his refusal of the said permission.\n[Lawfully Created Structures Infringing Rules or Bye-Laws]", "footnote": "", "is_definition": false, "sort_order": 269 }, { "number": "263A", "title": "263A. Power to require demolition or alteration of lawfully constructed huts or sheds infringing rules or bye-laws.", "chapter": null, "content": "Dangerous Structures", "footnote": "", "is_definition": false, "sort_order": 270 }, { "number": "264", "title": "264. Removal of structures, etc. which are in ruins or likely to fall.", "chapter": null, "content": "(b) Every such order bearing the signature of the Commissioner shall be a sufficient authority to the person in whose favour it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the premises reasonable written notice of his intention so to do, to enter upon the said premises with assistance and workmen, at any time between sunrise and sunset, and to execute the necessary work.\n(c) In executing any work under this section, as little damage as can be, shall be done to the adjoining owner's property and the owner or occupier of premises for the benefit of which the work is done, shall-\n(i) cause the work to be executed with the least practicable delay;\n(ii) pay compensation to any person who sustains damage by the execution of the said work.", "footnote": "", "is_definition": false, "sort_order": 271 }, { "number": "265", "title": "265. Periodic inspection of buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 272 }, { "number": "266", "title": "266. Dangerous openings in building.", "chapter": null, "content": "Works Unlawfully Carried on", "footnote": "", "is_definition": false, "sort_order": 273 }, { "number": "267", "title": "267. Powers of Commissioner to direct removal of person directing unlawful work.", "chapter": null, "content": "Power to Vacate Premises", "footnote": "", "is_definition": false, "sort_order": 274 }, { "number": "268", "title": "268. Power of Commissioner to vacate any building in certain circumstances.", "chapter": null, "content": "(a) if such building or portion thereof has been unlawfully occupied in contravention of section 263,\n(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;\n(c) if the building or part thereof is in1 a ruinous or dangerous condition within the meaning of section 264.\nRegulation of Certain Classes of Buildings in Particular Localities", "footnote": "", "is_definition": false, "sort_order": 275 }, { "number": "269", "title": "269. Power to regulate future construction of certain classes of buildings in particular streets or localities.", "chapter": null, "content": "(a) that in any street or portion of street specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality.\n(b) that in any locality specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;\n(c) that the minimum size of building plots in particular localities shall be of a specified area;\n(d) that in any locality specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or\n(e) that in any street, portion of street or locality specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only.\nChapter XVI\nImprovement Schemes", "footnote": "", "is_definition": false, "sort_order": 276 }, { "number": "270", "title": "270. Commissioner to make draft improvement scheme.", "chapter": null, "content": "(A) that within certain limits in any part of the City,-\n(a) any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation,\n(b) the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air, ventilation or proper convenience, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbouring buildings, and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or\n(c) it is necessary to provide for the construction of buildings for the accommodation of the poorer sections of the community; or\n(B) that for the purpose of providing new building sites or of remedying the defective ventilation of any part of the City, or of creating new or increasing the existing means of communication and facilities for traffic between various parts of the City, it is expedient to form new or to alter exiting streets or to construct or reconstruct any bridges, causeways, subways or other works appurtenant thereto in any part of the City, the Commissioner may,-\n(i) with the previous approval of the Corporation, which shall not be given unless the Corporation is satisfied of the sufficiency of its resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, specifying the area to which the resolution relates and the works proposed to be included in such scheme and naming a place where a map of the said area may be seen at all reasonable hours;\n(ii) during three consecutive weeks publish simultaneously in the Official Gazette and in the local newspapers a copy of the said notification; and\n(iii) proceed to make a draft improvement scheme and submit the scheme to the Standing Committee for approval.", "footnote": "", "is_definition": false, "sort_order": 277 }, { "number": "271", "title": "271. Particulars to be provided for in an improvement scheme.", "chapter": null, "content": "(a) shall, within the limits of the area comprised in the scheme, provide for,-\n(i) the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;\n(ii) relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;\n(iii) the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;\n(iv) the lighting of streets so formed or altered;\n(b) may, within the limits aforesaid, provide for,-\n(i) the construction or reconstruction of bridges, causeways or subways or any other works appurtenant thereto;\n(ii) raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;\n(iii) forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;\n(iv) whole or any part of the sanitary arrangements required; and\n(c) may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer sections of the community including the whole or part of such sections to be displaced in the execution of the scheme:", "footnote": "", "is_definition": false, "sort_order": 278 }, { "number": "272", "title": "272. Procedure on completion of scheme.", "chapter": null, "content": "(a) communicate a copy of such notification, particulars, map and statement to the Corporation;\n(b) publish the notification in the manner prescribed for the publication of a notification under section 270.\n(a) state that the Commissioner on behalf of the Corporation proposes to acquire such land or building or part of a building or to levy a betterment charge in respect thereof for the purpose of or in connection with an improvement scheme, and\n(b) require the person so served if the objects to such acquisition or levy, to state his reasons in writing within thirty days from the date of service of the notice.", "footnote": "", "is_definition": false, "sort_order": 279 }, { "number": "273", "title": "273. Right of owner to demand acquisition of issues of notification when building operations are in progress.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 280 }, { "number": "274", "title": "274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two years from date of notification.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 281 }, { "number": "275", "title": "275. Standing Committee after publication and service of notices to forward schedule to Corporation for approval.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 282 }, { "number": "276", "title": "276. Corporation to consider improvement scheme and to approve or disapprove.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 283 }, { "number": "277", "title": "277. Commissioner to apply to [State] Government for sanction to the scheme.", "chapter": null, "content": "(a) copy of the resolution passed by the Standing Committee under section 272;\n(b) a copy of the resolution passed by the Corporation under section 270;\n(c) a description with full particulars of the scheme including the reasons for any modification inserted therein;\n(d) complete plans and estimates of the cost of executing the scheme;\n(e) a statement specifying the land which it is proposed to acquire or in respect of which it is proposed to levy a betterment charge;\n(f) a list of the names of the persons, if any, who in answer to the notices mentioned in sub-section (3) of section 272 objected, with the reasons (if any) stated by such persons for objections, in respect of the acquisition of their land or the levy of a betterment charge;\n(g) a schedule showing the rateable value, as entered in the Commissioner's Assessment-book, at the date of the publication of a notification relating to the land under section 272, of all land specified in the statement under clause (e) and of any other land wholly or partially situated within eighty feet from either side of any street to be formed or altered in executing the scheme.", "footnote": "", "is_definition": false, "sort_order": 284 }, { "number": "278", "title": "278. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration Commissioner to be authorised to execute scheme.", "chapter": null, "content": "(b) The declaration shall be published in the Official Gazette , in the same manner as an order of the [State] Government and shall state the limits within which the land proposed to be acquired is situated, the purpose for which it is needed, its approximate area, and the place where a plan of the land may be inspected.\n(c) The said declaration shall be conclusive evidence that the land is needed for a public purpose and the Commissioner shall, upon the publication of the said declaration, proceed to execute the scheme.\n(b) If the estimated net cost of executing the scheme as altered exceeds by ten per cent the estimated net cost of executing the scheme as sanctioned, the Commissioner shall not, without the previous sanction of the Corporation and of the [State] Government, proceed to execute the scheme as altered.\n(c) If the scheme as altered involves the acquisition, otherwise than by agreement, of or the levy of a betterment charge in respect of any land other than that specified in the schedule accompanying the scheme under sub-section (3) of section 277, the provisions of sections 272 and 277 and of sub-section (1) shall apply to the part of the scheme so altered, in the same manner as if such altered part were the scheme.", "footnote": "", "is_definition": false, "sort_order": 285 }, { "number": "279", "title": "279. If Corporation fails to acquire the land, owner may call upon Corporation to acquire it or to withdraw from proposal.", "chapter": null, "content": "[ [Clearance Areas.]", "footnote": "", "is_definition": false, "sort_order": 286 }, { "number": "280", "title": "280. Power to declare an area to be a clearance area.", "chapter": null, "content": "(a) that the residential buildings in that area are, by reason of disrepair or sanitary defects unfit for human habitation or are, by reason of their bad arrangement or the narrowness or bad arrangement of the streets dangerous or injurious to the health of the inhabitants of the area and that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the said inhabitants: and\n(b) that the conditions in the area can be effectually remedied by the demolition of all the buildings in the area without making an improvement scheme;\n(a) by ordering the demolition of the buildings in the area; or\n(b) by acquiring on behalf of the Corporation land comprised in the area and undertaking or otherwise securing, the demolition of the buildings thereon.", "footnote": "", "is_definition": false, "sort_order": 287 }, { "number": "281", "title": "281. Clearance orders.", "chapter": null, "content": "(a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the facts of such a clearance order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and\n(b) serve on every person whose name appears in the Commissioner's Assessment book as primarily liable for payment of property tax leviable under this Act, on any building included in the area to which the clearance order relates and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee there of a notice stating the effect of the clearance order and that it is about to be submitted to the State Government for confirmation, and specifying the time within, and the manner in which, objections thereto can be made to the Commissioner.", "footnote": "", "is_definition": false, "sort_order": 288 }, { "number": "282", "title": "282. Acquisition of land surrounded by or adjoining clearance area.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 289 }, { "number": "283", "title": "283. Provisions with respect to property of the Corporation within, surrounded by, or adjoining, clearance area.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 290 }, { "number": "284", "title": "284. Acquisition of land in a clearance area.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 291 }, { "number": "284A", "title": "284A. Treatment of a clearance area.", "chapter": null, "content": "(a) he shall demolish every building thereon before the expiration of six weeks from the date on which it is vacated, or before the expiration of such longer period as in the circumstance he deems reasonable, and thereafter may, with the sanction of the requisite authority under section 79, sell or lease the land subject to such restrictions and conditions, if any, as he thinks fit or may, subject to the sanction of the Corporation, appropriate the land for any purpose for which the Corporation is authorised to acquire land; or\n(b) he shall, as soon as may be, with the sanction of the requisite authority under section 79, sell or lease the land subject to a condition that the buildings thereon shall be demolished forthwith and subject to such restrictions and other conditions, if any, as he thinks, fit:", "footnote": "", "is_definition": false, "sort_order": 292 }, { "number": "284B", "title": "284B. Arrangements where acquisition of land in clearance area unnecessary.", "chapter": null, "content": "(a) in a case where the order has not been confirmed authorise the Commissioner to submit forthwith and without any previous publication or service, a clearance order with respect to the buildings, and upon his so doing, may modify the compulsory acquisition order by excluding the land therefrom and confirm the clearance order; or\n(b) in a case where the compulsory acquisition order has been confirmed but the land has not become vested in the Corporation, on being satisfied that such agreements have been or will be entered into by all necessary parties as may be requisite for securing that the buildings shall be demolished in like manner, authorise the Commissioner to discontinue proceedings for the acquisition of the land and the land shall thereupon become subject to the like restrictions and conditions, as if the Commissioner had dealt with the land in accordance with the provisions of section 284A.", "footnote": "", "is_definition": false, "sort_order": 293 }, { "number": "284C", "title": "284C. Power to acquire cleared land which owners have failed to redevelop.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 294 }, { "number": "284D", "title": "284D. Power of Court to determine lease where premises demolished.", "chapter": null, "content": "Re-Development Areas", "footnote": "", "is_definition": false, "sort_order": 295 }, { "number": "284E", "title": "284E. Power to declare an area to be re-development area.", "chapter": null, "content": "(a) that the area contains fifty or more dwellings for the poorer classes;\n(b) that at least one-third of the poorer class dwellings in the area are overcrowded, or unfit for human habitation and not capable at a reasonable expense of being rendered so fit, or so arranged as to be congested,\n(c) that it is expedient in connection with the provision of housing accommodation for the poorer classes that the area should be redeveloped as a whole, the Commissioner shall cause the area to be defined on a plan and shall submit a draft re-development scheme for the approval of the Corporation. On the submission of such a draft re-development scheme, the Corporation shall take into consideration such scheme and approve the same with or without alteration a^ it may think fit. The Corporation shall then pass a resolution declaring the area so defined and approved by it to be a `re development area'.", "footnote": "", "is_definition": false, "sort_order": 296 }, { "number": "284F", "title": "284F. Re-development plan.", "chapter": null, "content": "(a) publish simultaneously in the Official Gazette , and in three or more newspapers circulating within the City a notice stating that the plan has been prepared and is about to be submitted to the State Government, naming a place where the plan may be inspected at all reasonable hours, and specifying the time within which, and the manner in which, objections can be made; and\n(b) serve a notice to the like effect on every owner, lessee and occupier (except tenants for a month or any period less than a month) of land in the defined area and on every railway administration operating a railway within the defined area and on any Corporation authorised by law to construct, work and carry on any gas, electricity or water work or other similar work of public utility within the defined area.", "footnote": "", "is_definition": false, "sort_order": 297 }, { "number": "284G", "title": "284G. Acquisition of land for purpose of re-development.", "chapter": null, "content": "(a) land in the re-development area; and\n(b) any land outside that area which may be required for the purpose of providing accommodation for persons occupying premises within that area which have been or are intended to be acquired by agreement, or in respect of which compulsory acquisition orders have been submitted.\nGeneral Provisions as to Land Purchased for Clearance or Redevelopment.", "footnote": "", "is_definition": false, "sort_order": 298 }, { "number": "284H", "title": "284H. Extinguishment of ways, easements, etc., over land required under sections 284, 284C and 284G.", "chapter": null, "content": "Provision of Housing Accommodation for the Poorer Classes", "footnote": "", "is_definition": false, "sort_order": 299 }, { "number": "284I", "title": "284I. Mode of provision of accommodation.", "chapter": null, "content": "(a) by the erection of buildings or in any other manner, on any land belonging to the Corporation or any land acquired by the Corporation for the purpose;\n(b) by the conversion of any buildings belonging to the Corporation into dwellings for the poorer classes;\n(c) by altering, enlarging, repairing or improving any building which have, or an estate or interest in which has, been acquired by the Corporation.", "footnote": "", "is_definition": false, "sort_order": 300 }, { "number": "284J", "title": "284J. Power of Commissioner to acquire land for housing accommodation.", "chapter": null, "content": "(a) acquire any land including any buildings thereon as a site for the erection of buildings for the poorer classes;\n(b) acquire land for the purpose of-\n(i) the lease of sale of land with a view to the erection thereon of buildings for the poorer classes by persons other than the Corporation;\n(ii) lease or sale of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the Commissioner are necessary or desirable for, or incidental to, the development of the land as a building estate, including the provision, maintenance and improvement of buildings, gardens, factories, workshops, places of worship, places of recreation and other works or buildings, for, or for the convenience of, persons belonging to the poorer classes.", "footnote": "", "is_definition": false, "sort_order": 301 }, { "number": "284K", "title": "284K. Mode of acquisition of land for housing accommodation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 302 }, { "number": "284L", "title": "284L. Power of dealing with land acquired or appropriated for provision of housing accommodation.", "chapter": null, "content": "(a) lay out and construct public streets or roads and open spaces on the land;\n(b) with the approval of the Standing Committee, sell or lease the land or part thereof to any person for the purpose and under the condition that person will erect and maintain thereon such number of buildings suitable for the poorer classes as may be fixed by the Commissioner in accordance with plans approved by him and, when necessary, will lay out and construct public streets or roads and open spaces on the land, or will use the land for purposes which in the opinion of the Commissioner arc necessary or desirable, for, or incidental to, the development of the land in accordance with plans approved by the Commissioner including the provision, maintenance and improvement of houses and gardens, places of recreation and other works or buildings for, or for the convenience of, persons belonging to poorer classes;\n(c) with the approval of the Standing Committee, sell the land or part thereof or if such land is not abutting on any public street, exchange the land or part thereof for land better adapted for those purposes, cither with or without paying or receiving any money for equality of exchange;\n(d) with the approval of the Standing Committee, sell or lease any buildings on the land or erected by him on the land, subject to such covenants and conditions as he may think fit to impose either in regard to the maintenance of the buildings as dwellings for the poorer classes or otherwise in regard to the use of the buildings, and upon any such sale he may, if he thinks fit, agree to the price being paid by instalments together with interest on the outstanding balance at such rate as may from time to time be prescribed by the Standing Committee in this behalf, or to a payment or part thereof being secured by a mortgage of the premises,", "footnote": "", "is_definition": false, "sort_order": 303 }, { "number": "284M", "title": "284M. Supplementary powers in connection with provision of accommodation.", "chapter": null, "content": "Land Acquisition", "footnote": "", "is_definition": false, "sort_order": 304 }, { "number": "284N", "title": "284N. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement.", "chapter": null, "content": "(1) a reference to any section of the Land Acquisition Act shall be deemed to be a reference to such section, as modified by the provisions of this Chapter, and the expression `land', as used in the Land Acquisition Act, shall be deemed to have the meaning assigned to it by clause (30) of section 2 of this Act, and clause (b) of section 3 of the Land Acquisition Act shall, for the purposes of this Chapter, be read as if the words and parenthesis `(including Government)\", were inserted after the words \"includes all persons\" and the words \"or if he is the owner of any right created by legislative enactment over any street forming part of the land\" were added after the words \"affecting the land\";\n(2) in the construction of sub-section (2) of section 4 of the Land Acquisition Act and the provision of this Chapter, the provisions of the said subsection shall, for the purposes of this Act, be applicable immediately upon the passing of a resolution under sub-section (1) of section 270, 280, 284E or 284-1 as the case may be, and the expression `State Government' shall be deemed to include the Commissioner, and the words `such locality' shall be deemed to mean the locality referred to in any such resolution;\n(3) in the construction of the sections of the Land Acquisition Act deemed to form part of this Chapter and of the provisions of this Chapter, the publication of a notification under sub-section (2) of section 272, or the publication of notice of a compulsory acquisition order having been made under clause 2(a) of Scheduled C to this Act shall be deemed to be the publication of a notification under sub-section (1) of section 4 of the Land Acquisition Act and the date of publication of the declaration under section 278 or of publication of a notice of a compulsory acquisition order having been confirmed under clause 1 of Schedule B shall be deemed to be the date of the publication of the declaration under section 6 of the Land Acquisition;\n(4) the provision of sub-section (1) of section 17 of the Land Acquisition Act to take possessions of land shall apply to any land which the Commissioner is authorised under this Chapter as if it were land needed urgently for a public purpose subject to the condition that the Corporation shall pay additional compensation in the form of interest not exceeding 6 per cent, on the compensation awarded from the date on which possession of land is taken by the Collector;\n(5) in the construction of sub-section (2) of section 50 of the Land Acquisition Act and the provisions of this Chapter, the Commissioner shall be deemed to be \"the local authority or Company concerned\";\n(6) notwithstanding anything contained in sub-section (1) of section 49 of the Land Acquisition Act, it shall not be competent for the owner of any building, of which it is proposed to acquire only a part, to insist on the acquisition of his entire holding where the part proposed to be acquired can, in the opinion of the Collector, be served from the remainder without material detriment thereto:", "footnote": "", "is_definition": false, "sort_order": 305 }, { "number": "284O", "title": "284O. Determination by Special Tribunal in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 306 }, { "number": "284P", "title": "284P. Special provisions as to compensation.", "chapter": null, "content": "(1) the Court shall take into consideration any increase to the value of any other land or building belonging to the person interested likely to accrue from the acquisition of the land or from the acquisition, alteration, or demolition of building;\n(2) when any addition to or improvement of, the land or building has been made after the date of the publication under sub-section (2) of section 272 of a notification relating to the land or building, such addition, or improvement shall not (unless it was necessary for the maintenance of the building in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made, so as to increase the amount of compensation to be paid for the land or building;\n(3) in estimating the market value of the land or building at the date of the publication of a notification relating thereto under sub-section (2) of section 272 the Court shall have due regard to the nature and the condition of the property and the probable duration of the building, if any, in its existing state and to the state of repair thereof and to the provisions of clauses (4), (5) and (6) of this section;\n(4) if in the opinion of the Court the rental of the land or building has been enhanced by reason of its being used for an illegal purpose, or being so overcrowded as to be dangerous or injurious to the health of the inmates, the rental shall not be deemed to be greater than the rental which would be obtainable if the land or building were used for legal purposes only, or were occupied by such a number of persons only as it was suitable to accommodate without risk of such overcrowding;\n(5) if in the opinion of the Court the building is in a state of defective sanitation, or is not in reasonably good repair the amount of compensation shall not exceed the estimated value of the property after the building has been put into a sanitary condition, or into reasonably good repair, less the estimated expense of putting it in to such condition, or repair;\n(6) if in the opinion of the Court the building being used or intended or likely to be used for human habitation is not reasonably capable of being made fit for human habitation, the amount of compensation for the building shall not exceed the value of the materials, less the^cost of demolition;\n(7) the Court may award compensation in respect of the severance of any part of a building proposed to be acquired in addition to the value of that part;\n(8) the compensation to be paid for land, including any buildings thereon, acquired as being land comprised in a clearance area shall be the value at the time valuation is made of the land as a site cleared of buildings and available for development in accordance with the requirements of the building bye-laws for the time being in force:\n(9) the compensation to be paid for a building which the Commissioner is authorised to acquire under sub-section (2) of section 284G as being unfit for human habitation and not capable at reasonable expenses of being rendered so fit shall be assessed in like manner as if it had been land acquired as being comprised in a clearance area.", "footnote": "", "is_definition": false, "sort_order": 307 }, { "number": "284Q", "title": "284Q. Collector to take possession after making an award and transfer land to Corporation.", "chapter": null, "content": "Levy of Betterment Charges", "footnote": "", "is_definition": false, "sort_order": 308 }, { "number": "284R", "title": "284R. Condition for levying betterment charge in clearance and re development areas.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 309 }, { "number": "284S", "title": "284S. Method of calculating charge.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 310 }, { "number": "284T", "title": "284T. Procedure for determining charge.", "chapter": null, "content": "(a) the date declared by the Standing Committee under sub-section (1) as aforesaid;\n(b) the time (being some time not less than twenty-one days after the service of the notice) and place at which the assessment of the betterment charge will be considered by such officer, and every person upon whom such notice is served shall be entitled to be heard either in person or by a duly authorised agent when the matter is taken into consideration by such officer.\nChapter XVII\nMunicipal Fire Brigade", "footnote": "", "is_definition": false, "sort_order": 311 }, { "number": "285", "title": "285. Maintenance of firemen and of necessary fire engines, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 312 }, { "number": "286", "title": "286. Powers of Chief Officer of Fir.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 313 }, { "number": "287", "title": "287. Police and municipal officers and servants to aid the fire-brigade.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 314 }, { "number": "288", "title": "288. Damage done by fire-brigade to be deemed damage by fire.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 315 }, { "number": "289", "title": "289. Report of fire to be submitted.", "chapter": null, "content": "Chapter XVIII\nSanitary Provisions Scavenging and Cleansing", "footnote": "", "is_definition": false, "sort_order": 316 }, { "number": "290", "title": "290. Commissioner to provide for cleansing of streets and removal of refuse.", "chapter": null, "content": "(a) the daily surface-cleansing of all streets in the City and removal of the sweeping therefrom;\n(b) the removal of the contents of all receptacles and depots and of the accumulations at all places provided or appointed by him under the provisions of this Act for the temporary deposit of dust, ashes, refuse, rubbish, trade refuse, carcasses of dead animals and excrementitious and polluted matter.", "footnote": "", "is_definition": false, "sort_order": 317 }, { "number": "291", "title": "291. Refuse, etc., to be the property of the Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 318 }, { "number": "292", "title": "292. Provision and appointment of receptacles, depots and places for refuse, etc.", "chapter": null, "content": "(a) dust, ashes, refuse and rubbish;\n(b) trade refuse;\n(c) carcasses of dead animals;\n(d) excrementitions and polluted matter:", "footnote": "", "is_definition": false, "sort_order": 319 }, { "number": "293", "title": "293. Provision may be made by Commissioner for collection etc., of excrementitious and polluted matter.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 320 }, { "number": "294", "title": "294. Special sanitary arrangements at certain places.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 321 }, { "number": "295", "title": "295. Scavenger duties in certain cases may not be discharged by private individuals without Commissioner's permission.", "chapter": null, "content": "Inspection and Sanitary Regulation of Premises", "footnote": "", "is_definition": false, "sort_order": 322 }, { "number": "296", "title": "296. Power to inspect premises for sanitary purposes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 323 }, { "number": "297", "title": "297. Cleansing and lime-washing of any building may be required.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 324 }, { "number": "298", "title": "298. Buildings or rooms in buildings unfit for human habitation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 325 }, { "number": "299", "title": "299. Power to require repair of insanitary buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 326 }, { "number": "300", "title": "300. Power to order demolition of insanitary buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 327 }, { "number": "301", "title": "301. Procedure where demolition order made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 328 }, { "number": "302", "title": "302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations made subsequently.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 329 }, { "number": "303", "title": "303. Power to order demolition of obstructive building.", "chapter": null, "content": "(a) stops or impedes ventilation or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habitation or dangerous or injurious to health; or\n(b) prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings.", "footnote": "", "is_definition": false, "sort_order": 330 }, { "number": "304", "title": "304. Effect of order for demolition of obstructive building.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 331 }, { "number": "305", "title": "305. Compensation for acquiring obstructive building recoverable in certain cases as improvement expenses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 332 }, { "number": "306", "title": "306. Appeal against demolition orders.", "chapter": null, "content": "[306A. Prohibition of back-to-back buildings.", "footnote": "", "is_definition": false, "sort_order": 333 }, { "number": "307", "title": "307. Over-crowded dwellings.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 334 }, { "number": "308", "title": "308. Insanitary huts and shed.", "chapter": null, "content": "Disposal of Carcasses of Animals", "footnote": "", "is_definition": false, "sort_order": 335 }, { "number": "309", "title": "309. Removal of carcasses of dead animals.", "chapter": null, "content": "Regulation of Public Bathing, Washing, Etc.", "footnote": "", "is_definition": false, "sort_order": 336 }, { "number": "310", "title": "310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such places.", "chapter": null, "content": "(a) set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes;\n(b) specify the times at which and the sex of persons by whom, such places may be used;\n(c) prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart;\n(d) prohibit by public notice the use by the public of any portion of a river or place not vesting in the corporation for any of the said purposes;\n(e) regulate by public notice the use by the public of any portion of a river or other place vesting in the Corporation and set apart by him for any of the said purposes; and\n(f) regulate by public notice the use by the public of any portion of a river or other place not vesting in the Corporation for any of the said purposes, and of any work and of the water in any work, assigned and set apart under this Act for any particular purpose.", "footnote": "", "is_definition": false, "sort_order": 337 }, { "number": "311", "title": "311. Prohibition of bathing etc., contrary to order.", "chapter": null, "content": "(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct, stand-pipe, stream or well or on any part of a river, or other place vesting in the Corporation;\n(b) wash or cause to be washed in or near any such place or work, any animal, clothes or other article;\n(c) throw, put or cause to enter into the water in any such place or work, any animal or other thing;\n(d) cause or suffer to drain into or upon any such place or work, or to be brought there into or thereupon, anything, or do anything, whereby the water shall be in any degree fouled or corrupted;\n(e) dry clothes in or upon any such place; and no person shall-\n(f) in contravention of any prohibition made by the Commissioner under section 310 use any portion of a river or any place not vesting in the Corporation for any purpose mentioned in the said section;\n(g) contravene the provisions of any notice given by the Commissioner under section 310 for the use of any such portion of a river or place for any such purpose.", "footnote": "", "is_definition": false, "sort_order": 338 }, { "number": "312", "title": "312. Prohibition of corruption of water by stepping therein animal or other matter, etc.", "chapter": null, "content": "(a) steep in any tank, reservoir, stream, well or ditch, any animal, vegetable or mineral matter likely to render the water thereof offensive or dangerous to health;\n(b) whilst suffering from any contagious, infectious or loathsome disease, bathe on, in or near any bathing-platform, lake, tank, reservoir, fountain, cistern, duct, standpipe, stream or well.\nRegulation of Factories, Traders, Etc", "footnote": "", "is_definition": false, "sort_order": 339 }, { "number": "313", "title": "313. Factory, etc. not to be newly established without permission of Commissioner.", "chapter": null, "content": "(i) newly establish in any premises,\n(ii) remove from one place to another,\n(iii) re-open or renew after discontinuance for a period of not less than three years, or\n(iv) enlarge or extend the area or dimensions of, any factory, workshop or work place in which it is intended to employ steam, water, electrical or other mechanical power or any bakery except with the previous written permission of the Commissioner nor shall any person work or allow to be worked any such factory, workshop, workplace or bakery without such permission:", "footnote": "", "is_definition": false, "sort_order": 340 }, { "number": "314", "title": "314. Prohibition of corruption of water by chemicals, etc.", "chapter": null, "content": "(a) willfully cause or suffer to be brought or to brought or to flow into any lake, tank, reservoir, cistern, well, duct or other place for water belonging to the Corporation or into any drain or pipe communicating therewith, any washing or other substance produced in the course of any such trade or manufacture as aforesaid,\n(b) wilfully do any act connected with any such trade or manufacture as aforesaid, whereby the water in any such lake tank, reservoir, cistern, well, duct or other place for water is fouled or corrupted.\nPrevention and Checking Spread of Dangerous Diseases", "footnote": "", "is_definition": false, "sort_order": 341 }, { "number": "315", "title": "315. Power of Commissioner, Medical Officer of Health, etc., in case dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 342 }, { "number": "316", "title": "316. Any place may at any time be inspected for purpose of preventing spread of dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 343 }, { "number": "317", "title": "317. Destruction of huts and shed when necessary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 344 }, { "number": "318", "title": "318. Closure of lodging and eating houses.", "chapter": null, "content": "Special Sanitary Measures", "footnote": "", "is_definition": false, "sort_order": 345 }, { "number": "319", "title": "319. Commissioner may take special measures on outbreak of any dangerous disease.", "chapter": null, "content": "(a) take such special measures, and\n(b) by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in the rules and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.\nDisposal of the Dead", "footnote": "", "is_definition": false, "sort_order": 346 }, { "number": "320", "title": "320. Places for disposal of the dead to be registered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 347 }, { "number": "321", "title": "321. Provision of new places for disposal of the dead.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 348 }, { "number": "322", "title": "322. New places for disposal of the dead not to be opened without permission of Commissioner.", "chapter": null, "content": "323. [State] Government may direct closing of any place for disposal of dead.\n(a) that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial ground adjacent thereto, or\n(b) that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the [State] Government.\n324. [State] Government may sanction re-opening of places which have been closed for disposal of dead.", "footnote": "", "is_definition": false, "sort_order": 349 }, { "number": "325", "title": "325. Burials within places of worship and exhumations not to be made without permission of Commissioner.", "chapter": null, "content": "(a) make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;\n(b) make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 323;\n(c) build, dig or cause to be built or dug any grave, or vault, or in any way dispose of, suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 320;\n(d) exhume any body, except under the provisions of section 176 of the Code of Criminal Procedure 1898 (V of 1898), or of any other law for the time being in force, from any place for the disposal of the dead.", "footnote": "", "is_definition": false, "sort_order": 350 }, { "number": "326", "title": "326. Acts prohibited in connection with disposal of dead.", "chapter": null, "content": "(a) retain a corpse on any premises, without burning, burying or otherwise lawfully disposing of the same, for so long a time after death as to create a nuisance;\n(b) carry a corpse or part of a corpse along any street without having and keeping the same decently covered or without taking such precautions to prevent risk of infection or injury to the public health as the Commissioner may, by public notice, from time to time think fit to require;\n(c) except when no other route is available carry a corpse or part of a corpse along any street along which the carrying of corpses is prohibited by a public notice issued by the Commissioner in this behalf;\n(d) remove a corpse or part of a corpse, which has been kept or used for purposes of dissection, otherwise than in a closed receptacle or vehicle;\n(e) whilst conveying a corpse or part of a corpse, place or leave the same on or near any street without urgent necessity;\n(f) bury or cause to be buried any corpse or part of a corpse in a grave or vault or otherwise in such manner as that the surface of the coffin, or, when no coffin is used, of the corpse or part of a corpse shall be at a less depth than six feet from the surface of the ground;\n(g) build or dig, or cause to be built or dug, any grave of vault in any burial ground at a less distance than two feet from the margin of any other grave or vault;\n(h) build or dig, or cause to be built or dug, a grave or vault in any burial ground in any line not marked out for this purpose by or under the order of the Commissioner;\n(i) without the written permission of the Commissioner, re-open for the interment of a corpse or of any part of a corpse, a grave or vault already occupied;\n(j) after bringing or causing to be brought to a burning ground any corpse or part of a corpse, fail to burn or cause the same to be burnt within six hours from the time of the arrival thereof at such ground;\n(k) when burning or causing to be burnt any corpse, or part of a corpse, permit the same or any portion thereof to remain without being completely reduced to ashes or permit any cloth or other article used for the conveyance or burning of such corpse or part of a corpse to be removed or to remain on or near the place of burning without its being completely reduced to ashes.\nChapter XIX\nMarkets and Slaughter Houses Maintenance and Regulation of Markets and Slaughter-Houses", "footnote": "", "is_definition": false, "sort_order": 351 }, { "number": "327", "title": "327. What to be deemed municipal markets and slaughter-houses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 352 }, { "number": "328", "title": "328. Provisions of new municipal markets and slaughter-houses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 353 }, { "number": "329", "title": "329. Municipal markets, slaughter-houses and stock-yards may be closed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 354 }, { "number": "330", "title": "330. Prohibition of sale of commodities sold in municipal markets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 355 }, { "number": "331", "title": "331. Opening or private markets and of private slaughter houses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 356 }, { "number": "332", "title": "332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards.", "chapter": null, "content": "(a) charge for the occupation or use of any stall, shop, standing shed or pen or other building in a municipal market, slaughter-house or stock-yard and for the right to expose goods for sale in a municipal market, and for weighting and measuring goods sold in any such market and for the right to slaughter animals in any municipal slaughter-house, such stallages, rents and fees as shall from time to time be fixed by him, with the approval of the Standing Committee, in this behalf;\n(b) with the approval of the Standing Committee, farm the stallages, rents and fees leviable as aforesaid or any portion thereof, for any period not exceeding one year at a time; or\n(c) put up to public auction or, with the approval of the Standing Committee, dispose of, by private sale, the privilege of occupying or using any stall, shop, standing shed or pen or other building in a municipal market, slaughter-house or stock-yard for such term and on such conditions as he shall think fit.", "footnote": "", "is_definition": false, "sort_order": 357 }, { "number": "333", "title": "333. Removal of live-cattle, sheep, goats or swine from any municipal slaughter-house, stock-yard, market or premises.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 358 }, { "number": "334", "title": "334. Power to expel persons contravening, rules, bye-laws or standing orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 359 }, { "number": "335", "title": "335. Prohibition of import of cattle, etc., into City without permission.", "chapter": null, "content": "Inspection of Places of Sales, Etc.", "footnote": "", "is_definition": false, "sort_order": 360 }, { "number": "336", "title": "336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 361 }, { "number": "337", "title": "337. Commissioner to provide for inspection of articles exposed for sale for human food.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 362 }, { "number": "338", "title": "338. Unwholesome articles, etc., to be seized.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 363 }, { "number": "338", "title": "339. Disposal of perishable articles seized under section 338.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 364 }, { "number": "340", "title": "340. Saving of Bombay Animal Preservation Act, 1948.", "chapter": null, "content": "Chapter XX\nThe Transport Undertaking the Operation of the Undertaking and the Construction and Maintenance of Works", "footnote": "", "is_definition": false, "sort_order": 365 }, { "number": "341", "title": "341. Provisions of this Chapter when applicable.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 366 }, { "number": "342", "title": "342. Management of Undertaking by Transport Manager.", "chapter": null, "content": "(a) Construct or acquire Transport Undertakings, including mechanically propelled transport facilities for the conveyance of the public, subject to the provisions of the Motor Vehicles Act, 1939 (IV of 1939), or of any other enactment for the time being in force and the conditions of any licence, permit or sanction in favour of the Corporation granted thereunder;\n(b) construct buildings and works of every description necessary or desirable for the operation or development of the transport Undertaking;\n(c) purchase or take on lease or hire or otherwise acquire any moveable or immovable property or rights;\n(d) exercise any of the powers of a licensee holding a stage permit under the Motor Vehicles Act, 1939 (IV of 1939), which the Corporation is for the time being authorised to exercise and any other powers exercisable by the Corporation under tire said Act in relation to the provision of mechanically propelled transport facilities for the conveyance of the public.\nFares and Charges", "footnote": "", "is_definition": false, "sort_order": 367 }, { "number": "343", "title": "343. Levy of fares and charges for transport services.", "chapter": null, "content": "(a) not exceeding one hundred rupees as the Transport Manager, with the approval of the Transport Committee, may determine in this behalf, or\n(b) equivalent to twenty times the ordinary single fare, whichever is less.]\nAcquisition And Disposal of Property", "footnote": "", "is_definition": false, "sort_order": 368 }, { "number": "344", "title": "344. Acquisition of immovable property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 369 }, { "number": "345", "title": "345. Provisions governing disposal of municipal property.", "chapter": null, "content": "(a) the Transport Manager may dispose of by sale, hire or otherwise, any movable property belonging to the Corporation not exceeding in value, in each instance, two thousand rupees or such higher amount as the Corporation may from time to time, with the approval of the [State] Government, determine;\n(b) the Transport Manager may grant a lease of any immovable property belonging to the Corporation for any period not exceeding twelve months at a time:\n(c) with the sanction of the Transport Committee, the Transport Manager may dispose of, by sale or otherwise, any movable property belonging to the Corporation of which the value does not exceed ten thousand rupees, and may grant a lease of any immovable property belonging to the Corporation for any period exceeding one year, or sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees;\n(d) with the sanction of the Corporation, the Transport Manager may lease, sell or otherwise convey any property, movable or immovable, belonging to the Corporation.\nOfficers and Servants", "footnote": "", "is_definition": false, "sort_order": 370 }, { "number": "346", "title": "346. Statement of permanent officers and servants to be prepared by Transport Manager and sanctioned by Transport Committee.", "chapter": null, "content": "[(a) no new permanent office of which the minimum monthly salary exclusive of allowances exceeds such amount as may be fixed by the State Government by a general or special order from time to time in the case of each Corporation shall be created without the sanction of the Corporation and no new office of which the minimum or the maximum monthly salary exclusive of allowances exceeds such amount as may be fixed in this behalf by the State Government by a general or special order from time to time in the case of each Corporation shall be created except with the previous sanction of the State Government;]\n(b) the Corporation may by resolution direct that the scales of pay of any specified classes or grades of officers or servants shall not be varied without the approval of the Corporation and, so long as such resolution is in force, the Transport Committee shall not authorise any variation in such scales without such approval.", "footnote": "", "is_definition": false, "sort_order": 371 }, { "number": "347", "title": "347. Restriction on appointment of permanent officers and servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 372 }, { "number": "348", "title": "348. Creation of temporary posts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 373 }, { "number": "349", "title": "349. Power of appointment in whom to vest.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 374 }, { "number": "350", "title": "350. Leave of absence.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 375 }, { "number": "351", "title": "351. Constitution of Transport Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 376 }, { "number": "352", "title": "352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 377 }, { "number": "353", "title": "353. How Transport Fund shall he drawn against.", "chapter": null, "content": "(a) by the Commissioner or by the Transport Manager or in the absence of both, by a municipal officer whose name appears in a list of officers authorised to sign cheques approved by the Transport Committee;\n(b) by a municipal officer whose name appears in the said list, other than an officer who may have signed the cheque under clause (a).", "footnote": "", "is_definition": false, "sort_order": 378 }, { "number": "354", "title": "354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 379 }, { "number": "355", "title": "355. Only sums covered by budget grant to be expended from Transport Fund.", "chapter": null, "content": "(a) sums of which the expenditure has been sanctioned by the Transport Committee under section 102;\n(b) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Transport Fund by mistake;\n(c) sums which the Transport Manager is under the provisions of this Act or any other enactment required or empowered to pay by way of compensation;\n(d) costs incurred by the Transport Manager under section 67;\n(e) any sum required to make good to the Municipal Fund any payment made by the Commissioner out of the Municipal Fund under the provisions of section 86 for the purpose of the Transport Undertaking.", "footnote": "", "is_definition": false, "sort_order": 380 }, { "number": "355", "title": "356. Procedure when money not covered by budget grant is expended under clause (c), (d) or (e) of sub-section (2) of section 355.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 381 }, { "number": "357", "title": "357. Purposes for which Transport Fund is to be applied.", "chapter": null, "content": "(a) the repayment to the Municipal Fund of any amount disbursed therefrom for the purposes of the Transport Undertaking, including the cost of, or reasonable charges for, all supplies provided and services rendered for any such purposes by the Commissioner at the charge of the Municipal Fund;\n(b) the payment to the Municipal Fund of a sum of money equivalent to the sum which would have been payable under this Act on account of municipal taxes in respect of lands and buildings and other properties, moveable and immoveable, of the Transport Undertaking if the said lands, buildings and other properties had not vested in the Corporation;\n(c) the payment of fees to the Chairman and members of the Transport Committee, and the salary and allowances of the Transport Manager;\n(d) the payment of salaries and allowances of all municipal officers and servants appointed under the provisions of this Chapter and all contributions to provident funds, pensions, gratuities and compassionate allowances payable under the provisions of this Chapter or of the regulations or of any statement framed under this Act for the time being in force;\n(e) the payment of all expenses and costs incurred by the Transport manager in the exercise of any power or the discharge of any duty conferred or imposed upon him for the purposes of, or in connection with, Transport Undertaking under the provisions of this Act or of any other enactment, including moneys which he is required or empowered to pay by way of compensation;\n(f) the payment of every sum payable under a decree or order of a Civil or criminal court passed against the Corporation or against the Commissioner or the Transport Manager ex-officio in any proceeding arising out of the acquisition, maintenance or operation of the Transport Undertaking, or under a compromise effected under section 481 of any suit or other legal proceeding or claim arising out of such acquisition, maintenance or operation;\n(g) every sum required by the provisions of section 359 or 360 to be transferred to the Municipal Fund;\n(h) every sum chargeable under section 108.", "footnote": "", "is_definition": false, "sort_order": 382 }, { "number": "358", "title": "358. Investment of surplus moneys.", "chapter": null, "content": "Payments out of Surplus Balance", "footnote": "", "is_definition": false, "sort_order": 383 }, { "number": "359", "title": "359. Fixed annual payment to Municipal Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 384 }, { "number": "360", "title": "360. Disposal of surplus balance of revenue.", "chapter": null, "content": "(a) 30 percent of the surplus shall be credited, under a separate heading in the accounts maintained under section 361 to a special fund to be called the \"Revenue Reserve Fund\" unless the balance in the said Revenue Reserve Fund, with such credit, would exceed such sum as the Corporation shall, with the sanction of the [State] Government fix, in which case only such sum, if any, as is required to bring the balance to the sum so fixed shall be so credited and the remainder of the surplus, upto 30 percent, thereof, shall be added in equal shares to the amounts credited or transferred under clauses (b), (c) and (d);\n(b) 30 per cent of the surplus and such additional amount as may be available under clause (a) shall be credited under a separate heading, in the accounts maintained under section 361 to a special fund called \"the Transport Betterment Fund\";\n(c) 25 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund for credit to the Welfare Fund constituted under the rules; and\n(d) 15 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund.\n(i) in making good or in reduction of any deficit in the amount to be transferred in any year to the Municipal Fund under section 359; and\n(ii) in meeting any charges to be defrayed out of the Transport Fund to the extent to which the balance available in the fund is insufficient for the purpose.\nAccounts", "footnote": "", "is_definition": false, "sort_order": 385 }, { "number": "361", "title": "361. Accounts of the Transport Undertaking.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 386 }, { "number": "362", "title": "362. Preparation of annual administration report and statement of accounts.", "chapter": null, "content": "Chapter XXI\nVital Statistics Registration of Births and Deaths", "footnote": "", "is_definition": false, "sort_order": 387 }, { "number": "363", "title": "363. Appointment of Registrars.", "chapter": null, "content": "(a) divide the City into such and so many divisions as he may from time to time think fit;\n(b) nominate for each such division a municipal officer to be the Registrar of births and deaths; and\n(c) appoint for each Registrar a suitable station as his office within the division for which he is appointed.", "footnote": "", "is_definition": false, "sort_order": 388 }, { "number": "364", "title": "364. Register books to be maintained.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 389 }, { "number": "365", "title": "365. Registrars to inform themselves of all births and deaths.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 390 }, { "number": "366", "title": "366. Information of births to be given within seven days.", "chapter": null, "content": "(a) in the case of an illegitimate child, no person shall, as father of such child, be required to give information under this Act concerning the birth or such child, and the Registrar General or Registrar, as the case may be, shall not enter in the register the name of any person as father of such child, unless at the joint request of the mother and of the person acknowledging himself to be the father of such child, and such person shall in such case sign the register together with the mother;\n(b) a person required to give information only in default of some other person shall not be bound to give such information if he believed and had reasonable grounds for believing that such information had been given;\n(c) when a child is born in any hospital, the officer in charge thereof shall be bound to forward forthwith to the Registrar General or Registrar, as the case may be, a report of such birth in such form as the Registrar General may from time to time specify.", "footnote": "", "is_definition": false, "sort_order": 391 }, { "number": "367", "title": "367. Information respecting finding of ne.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 392 }, { "number": "368", "title": "368. Information of death to be given.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 393 }, { "number": "369", "title": "369. Medical practitioner who attended a deceased person to certify cause of his death.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 394 }, { "number": "370", "title": "370. Correction of errors in registers of births or deaths.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 395 }, { "number": "371", "title": "371. Registration of name of child or of alteration of name.", "chapter": null, "content": "Chapter XXII\nLicences and Permits\nI. Licensing of Surveyors, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers", "footnote": "", "is_definition": false, "sort_order": 396 }, { "number": "372", "title": "372. Grant of licenses to Architects or Engineers, Structural Designers, Plumbers and Clerks of Works.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 397 }, { "number": "373", "title": "373. Orders may be prescribed for guidance of surveyors, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 398 }, { "number": "374", "title": "374. Fees and charges of licensed plumbers to be prescribed by Standing Committee.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 399 }, { "number": "375", "title": "375. Licensed plumber to be bound to execute work property.", "chapter": null, "content": "II. Trade Licences and other Licences for Keeping Animals and Certain Articles", "footnote": "", "is_definition": false, "sort_order": 400 }, { "number": "376", "title": "376. Certain things not to be kept, and certain trades and operations not to be carried on, without licence.", "chapter": null, "content": "(a) keep in or upon any premises any article specified in the rules-\n(i) in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and\n(ii) for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;\n(b) keep in or upon any building intended for or used as a dwelling or within fifteen feet of such building, cotton in pressed bales or boras or loose, in quantity exceeding four hundred-weight;\n(c) keep, or allow to be kept, in or upon any premises, houses, cattle or other four-footed animals-\n(i) for sale,\n(ii) for letting out on hire,\n(iii) for any purpose for which any charge is made or any remuneration is received, or\n(iv) for sale of any produce thereof;\n(d) carry on, or allow to be carried on, in or upon any premises-\n(i) any of the trades or operations connected with any trade specified in the rules,\n(ii) any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature, or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;\n(e) carry on within the City, or use any premises for, the trade or operation of a farrier.\n(a) to grant any licence referred to in sub-section (1) subject to such restriction or conditions (if any) as he shall think fit to prescribe, or\n(b) to withhold any such licence.\n[376A. Power to stop use of premises where such use is dangerous or causes nuisance.\nII Licences for Sale in Municipal Markets", "footnote": "", "is_definition": false, "sort_order": 401 }, { "number": "377", "title": "377. Prohibition of sale in municipal markets without licence of Commissioner.", "chapter": null, "content": "IV. Licences for Private Markets.", "footnote": "", "is_definition": false, "sort_order": 402 }, { "number": "378", "title": "378. Private markets not to be kept open without licence.", "chapter": null, "content": "(a) keep open, or permit to be kept open, a private market;\n(b) use or permit to be used any place in the City as a slaughter-house or for the slaughtering of any animal intended for human food;\n(c) use or permit to be used any place without the City, whether as a slaughter house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City;\n(i) the Commissioner shall not refuse a licence for keeping open a private market lawfully established at the appointed day if application for such licence is made within two months thereof except on the ground that the place where the market is held fails to comply with any requirement of this Act or of the rules, bye-laws or standing orders;\n(ii) the Commissioner shall not cancel or suspend or refuse to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some standing order or with some bye-law;\n(iii) The Commissioner may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee, or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing shed, pen or other place therein;\n(iv) nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.", "footnote": "", "is_definition": false, "sort_order": 403 }, { "number": "379", "title": "379. Prohibition of sale in unauthorised private markets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 404 }, { "number": "380", "title": "380. Slaughter of animals for skins.", "chapter": null, "content": "V. Licences for Sale of Articles of Food outside of Markets", "footnote": "", "is_definition": false, "sort_order": 405 }, { "number": "381", "title": "381. Prohibition of sale of animals, etc., except in market.", "chapter": null, "content": "(a) any four-footed animal or any meat or fish intended for human food, in any place other than a municipal or private market;\n(b) ices and aerated waters, kulfi, sugar-cane juice, [cut or peeled fruit,] and vegetables, any confectionery or sweetmeats whatsoever or such other cooked food or other articles intended for human consumption as may from time to time by public notice be specified by the Commissioner, in any place other than a municipal or private market or licensed eating house or sweetmeat shop.\nVI. Licensing of Butchers, Etc.", "footnote": "", "is_definition": false, "sort_order": 406 }, { "number": "382", "title": "382. Butchers and persons who sell flesh of animals to be licensed. No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf.", "chapter": null, "content": "(a) carry or within the City or at any municipal slaughter-house, the trade of a butcher;\n(b) use any place in the City for sale of the flesh of any animal intended for human consumption or any place without the City for the sale of such flesh for consumption in the City.\nVII. Licences for Dairy Products", "footnote": "", "is_definition": false, "sort_order": 407 }, { "number": "383", "title": "383. Licence required for dealing in dairy produce.", "chapter": null, "content": "(a) carry on within the City the trade or business of a dairyman;\n(b) use any place in the City as a dairy or for the sale of any dairy produce.\nVIII. Licences for Hawking, Etc.", "footnote": "", "is_definition": false, "sort_order": 408 }, { "number": "384", "title": "384. Licences for sale in public places.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 409 }, { "number": "385", "title": "385. Licences for use of skill in handicraft or rendering services for purposes of gain in public place or street.", "chapter": null, "content": "IX. General Provisions Regarding Licences and Permits", "footnote": "", "is_definition": false, "sort_order": 410 }, { "number": "386", "title": "386. General provisions regarding grant, suspension or revocation of licences and written permissions and levy of fees, etc.", "chapter": null, "content": "Chapter XXIII\nPower of [Entry, Inspection and Eviction]", "footnote": "", "is_definition": false, "sort_order": 411 }, { "number": "387", "title": "387. Power of entry and inspection.", "chapter": null, "content": "(a) any stable, garage, coach-house or any place where any vehicle, boat or animal liable to tax is kept-under section 145;\n(b) any land whereon any municipal drain has been or is proposed to be constructed-under section 155;\n(c) any land belonging to any person for the purpose of emptying his own drain into a municipal drain-under sections 159, 161, 167 and 168;\n(d) any land whereon shafts, or pipes for ventilating drains are required to be fixed-under section 175;\n(e) drains, ventilators, shafts, pipes, cesspools, latrines, urinals, bathing and washing places-under section 181;\n(f) any land which provides access to any municipal water work-under section 191;\n(g) any premises which are suspected to have been used for any trade or keeping any article in contravention of section 376;\n(h) any premises for the use of which a licence is required and has been granted under the provisions of this Act;\n(i) any building during its erection or any work during its execution;\n(j) any premises which are provided by the Corporation for the residence of municipal officers and servants.", "footnote": "", "is_definition": false, "sort_order": 412 }, { "number": "388", "title": "388. Time of making entry.", "chapter": null, "content": "[388A. Power of Commissioner to evict persons summarily in certain cases.\nChapter XXIV\nCompensation", "footnote": "", "is_definition": false, "sort_order": 413 }, { "number": "389", "title": "389. Doing minimum damage in certain cases.", "chapter": null, "content": "(a) carrying any municipal drain through, across or under any street or any place laid out as or intended for a street or across any cellar or vault under any street-under sub-section (1) of section 155;\n(b) entering upon and constructing any new drain or repairing or altering any municipal drain already constructed-under sub-section (2) of section 155;\n(c) affixing of pipes on shafts for the purpose of ventilation of any drain or cesspool to any building or tree-under sub-section (1) of section 175;\n(d) opening of any ground, any portion of a drain, any portion of a building or any work exterior to a building-under section 182;\n(e) entering upon, and passing through any land in the vicinity of a water work of conveying or causing to be conveyed men, materials and tools through such land-under section 191;\n(f) acquiring any buildings or land required for a public street-under section 216;\n(g) removing or altering a structure or fixture-under sub-section (4) of section 226, sub-section (3) of section 227 and section 232;\n(h) the rounding or splaying of a building at the corner of two or more streets -under section 243;\n(i) cutting into, laying open or pulling down any building or work-under section 261;\n[(ii) the demolition or alteration of a hut or shed-under section 263 A;]\n(i) the demolition of an obstructive building-under section 304;\n(j) the destruction of an insanitary hut or shed-under section 317;\n(k) the destruction of any property in exercise of the powers vested in the Commissioner for preventing a dangerous or infectious disease-under section 319;\n(l) the exercise of powers or execution of any work in regard to which no express provision occurs in the Act, rules or bye-laws for the payment of compensation.", "footnote": "", "is_definition": false, "sort_order": 414 }, { "number": "390", "title": "390. Commissioner to determine compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 415 }, { "number": "391", "title": "391. Appeal.", "chapter": null, "content": "Chapter XXV\nPenalties", "footnote": "", "is_definition": false, "sort_order": 416 }, { "number": "392", "title": "392. Certain offences punishable with fine.", "chapter": null, "content": "(a) contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part I of the Table in Appendix II or of any regulation or order made thereunder, or\n(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.\n(a) contravening any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part II of the table in Appendix II or of any regulation or order made thereunder, or\n(b) failing to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravenes the said provision or to neglect to comply with the said requisition or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, or fails to vacate any premises shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part .", "footnote": "", "is_definition": false, "sort_order": 417 }, { "number": "393", "title": "393. Offence punishable under the Penal Code.", "chapter": null, "content": "Sections of this Act\nSections of this Act\nSections of the Indian Penal Code under which\n\t\t\t\toffenders are punishable\nSections of the Indian Penal Code under which\n\t\t\t\toffenders are punishable\n(1)\n(1)\n(2).\n(2).\n194(2), 311, clauses (a), (b), (c) and (d), 312\n...\n277\n319 ...\n...\n...\n188\n477 ...\n...\n...\n177", "footnote": "", "is_definition": false, "sort_order": 418 }, { "number": "394", "title": "394. Punishment for offences of preparing false election rolls.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 419 }, { "number": "395", "title": "395. Punishment for acquiring share or interest in contract etc., with Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 420 }, { "number": "61", "title": "396. Punishment for breach of section 61 or 62.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 421 }, { "number": "194", "title": "397. Punishment for offences against section 194.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 422 }, { "number": "398", "title": "398. Penalty for evasion of [***] toll.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 423 }, { "number": "399", "title": "399. General penalty.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 424 }, { "number": "400", "title": "400. Extent of penal responsibility of agents and trustees of owners.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 425 }, { "number": "401", "title": "401. Offence by companies, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 426 }, { "number": "402", "title": "402. Compensation payable by offenders against this Act for damage caused by them.", "chapter": null, "content": "Chapter XXVI\nProceedings Before Judge, [Appellate Courts] and Magistrates\nI. Election Inquiries", "footnote": "", "is_definition": false, "sort_order": 427 }, { "number": "403", "title": "403. Procedure in election inquiries.", "chapter": null, "content": "(a) in which the validity of the election of councillors elected to represent the same ward is in question shall be heard by the same Judge, and\n(b) in which the validity of the election of the same councillor elected to represent the same ward is in question shall be heard together.\n(b) if after holding such enquiry the Judge is of opinion-\n(i) that the candidate in whose favour the declaration is sought has received a majority of the valid votes, or\n(ii) that but for the votes obtained by the returned candidate by corrupt practices, such candidate would have obtained a majority of the valid votes.", "footnote": "", "is_definition": false, "sort_order": 428 }, { "number": "404", "title": "404. Disqualification for election as councillor for certain election offences.", "chapter": null, "content": "II. References to the Judge", "footnote": "", "is_definition": false, "sort_order": 429 }, { "number": "405", "title": "405. References to the judge.", "chapter": null, "content": "(1) whether a councillor has ceased to hold office under section 12;\n(2) whether a person has ceased to be a member of the Transport Committee under section 26;\n(3) whether the Commissioner may be directed to remove a shaft or pipe on the application of the owner of a building or hut under section 175;\n(4) regarding the amount of the price for the land required for setting forward a building under section 216;\n(5) regarding the amount or payment of expenses for any work executed or any measure taken or things done under the orders of the Commissioner or any municipal officer under section 439;\n(6) regarding the amount or payment of expenses or compensation and the apportionment thereof falling under any of the provisions of this Act or any rule or bye-law thereunder not otherwise specifically provided for.\nIII. Appeals Against Valuation and Taxes", "footnote": "", "is_definition": false, "sort_order": 430 }, { "number": "406", "title": "406. Appeals when and to whom to lie.", "chapter": null, "content": "(a) it is brought within fifteen days after the accrual of the cause of complaint;\n(b) in the case of an appeal against a rateable value a complaint has previously been made to the Commissioner as provided under this Act and such complaint has been disposed of;\n(c) in the case of an appeal against any tax in respect of which provision exists under this Act for a complaint to be made to the Commissioner against the demand, such complaint has previously been made and disposed of;\n(d) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, a complaint has been made by the person aggrieved within fifteen days after he first received notice of such amendment, and his complaint has been disposed of;\n(e) in the case of an appeal against a tax, or in the case of an appeal made against a [rateable value the amount of the disputed tax claimed from the appellant or the amount of the tax chargeable on the basis of the disputed rateable value, up to the date of filing, the appeal has been deposited by the appellant with the Commissioner] :", "footnote": "", "is_definition": false, "sort_order": 431 }, { "number": "407", "title": "407. Cause of complaint when to be deemed to have accrued.", "chapter": null, "content": "(a) in the case of an, appeal against a rateable value, on the day when the complaint made to the Commissioner against such value is disposed of;\n(b) in the case of an appeal against any tax referred to in clause (c) of sub-section (2) of the said section on the day when the complaint against the tax is disposed of by the/Commissioner;\n(c) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of;\n(d) in the case of an appeal against a tax not covered by clause (b) above on the day when payment thereof is demanded or when a bill therefore is served.\n[408. Arbitration.", "footnote": "", "is_definition": false, "sort_order": 432 }, { "number": "409", "title": "409. Appointment of expert valuer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 433 }, { "number": "410", "title": "410. Reference to [Civil Appellate Court] .", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 434 }, { "number": "411", "title": "411. Appeals to the [Civil Appellate Court] .", "chapter": null, "content": "[(aa) from a decision of the Judge in an appeal under section 391 against an assessment of compensation under clause (f) of sub-section (1) of section 389, and]\n(a) from any decision of the Judge in an appeal under section 406 by which a rateable value in excess of two thousand rupees is fixed, and\n[(bb) from any order of the Judge under the proviso to sub-section (2) of section 406; and] ,\n(b) from any other decision of the said Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document:", "footnote": "", "is_definition": false, "sort_order": 435 }, { "number": "412", "title": "412. Costs of proceedings in appeal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 436 }, { "number": "413", "title": "413. Unappealed values and taxes and decisions on appeal to be final.", "chapter": null, "content": "IV. Appeals to the Judge and the [Civil Appellate Court]", "footnote": "", "is_definition": false, "sort_order": 437 }, { "number": "414", "title": "414. Appeals to the Judge.", "chapter": null, "content": "(1) an order declining to remove a shaft or pipe-under section 175;\n(2) an order requiring a building to be set forward-under section 215;\n(3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous-under section 247;\n(4) an order directing the demolition of an insanitary building-under section 300;\n(5) an order directing the demolition of an obstructive building-under section 303;", "footnote": "", "is_definition": false, "sort_order": 438 }, { "number": "415", "title": "415. Appeals against demolition orders.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 439 }, { "number": "416", "title": "416. Appeals against decision of the Judge regarding payment of expenses for works executed.", "chapter": null, "content": "[416A. Fees in appeals before [Civil Appellate Court] .\nV. Proceedings Before Judge", "footnote": "", "is_definition": false, "sort_order": 440 }, { "number": "417", "title": "417. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 441 }, { "number": "418", "title": "418. Power to summon witnesses and compel production of documents.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 442 }, { "number": "419", "title": "419. Fees in proceeding before the Judge.", "chapter": null, "content": "(a) on any application, appeal or reference made under this Act to the Judge, and\n(b) previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process:", "footnote": "", "is_definition": false, "sort_order": 443 }, { "number": "420", "title": "420. Exemption of poor persons from fees.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 444 }, { "number": "421", "title": "421. Repayment of half fees on settlement before hearing.", "chapter": null, "content": "VI. Appointment of Magistrates", "footnote": "", "is_definition": false, "sort_order": 445 }, { "number": "422", "title": "422. Appointment of a magistrate of the first Class.", "chapter": null, "content": "VII. References to Magistrates", "footnote": "", "is_definition": false, "sort_order": 446 }, { "number": "423", "title": "423. References to Magistrates.", "chapter": null, "content": "(a) the abatement of overcrowding-under section 307;\n(b) the detention of a person suffering from a dangerous disease in a public hospital under the rules.", "footnote": "", "is_definition": false, "sort_order": 447 }, { "number": "338", "title": "424. Disposal of animals and articles of non-perishable nature seized under section 338.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 448 }, { "number": "425", "title": "425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 449 }, { "number": "426", "title": "426. Application for summons to be refused if not applied for within a reasonable time.", "chapter": null, "content": "VIII. Proceedings Before Magistrates And The [criminal Appellate Court]", "footnote": "", "is_definition": false, "sort_order": 450 }, { "number": "427", "title": "427. Cognizance of offences.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 451 }, { "number": "428", "title": "428. Limitation of time within which complaints of offences punishable under this Act shall be entertained.", "chapter": null, "content": "(a) within six months next after the date of the commissioner of such offence; or\n(b) if such date is not known or the offence is a continuing one within six months next after the commission or discovery of such offence.", "footnote": "", "is_definition": false, "sort_order": 452 }, { "number": "429", "title": "429. Power of Magistrate to hear cases in absence of accused.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 453 }, { "number": "430", "title": "430. Report of Chemical Analyser to Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 454 }, { "number": "431", "title": "431. Complaint concerning nuisances.", "chapter": null, "content": "(a) to put in force any of the provisions of this Act or of any rule, regulations or bye-law or to take such measures as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;\n(b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant's loss of time in prosecuting such complaint.", "footnote": "", "is_definition": false, "sort_order": 455 }, { "number": "431", "title": "432. Appeal to the [Criminal Appellate Court] from order passed under section 431.", "chapter": null, "content": "IX. Arrest of Offenders", "footnote": "", "is_definition": false, "sort_order": 456 }, { "number": "433", "title": "433. Offenders against this Act may in certain cases be arrested by police officers.", "chapter": null, "content": "X. Miscellaneous", "footnote": "", "is_definition": false, "sort_order": 457 }, { "number": "434", "title": "434. Code of Civil Procedure to apply.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 458 }, { "number": "435", "title": "435. Limitation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 459 }, { "number": "436", "title": "436. Execution of orders of the Judge and [Appellate Court] .", "chapter": null, "content": "[436A. Rules of construction in respect of Magistrate for city of Ahemdabad.", "footnote": "", "is_definition": false, "sort_order": 460 }, { "number": "437", "title": "437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates.", "chapter": null, "content": "[Chapter XXVI-A\nPower to Evict Persons from Premises Belonging to the Corporation.]\n437A.\n437B.\n437C.\n437D.\n437E.\n437F.\nChapter XXVII\nRecovery of Municipal Dues Other Than Taxes", "footnote": "", "is_definition": false, "sort_order": 461 }, { "number": "438", "title": "438. Recovery of expenses of removals by Commissioner under certain sections.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 462 }, { "number": "439", "title": "439. Expenses recoverable under the Act to be payable on demand, and if not paid on demand may be recovered as arrear of property-tax.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 463 }, { "number": "440", "title": "440. If defaulter is owner of premises in respect of which expenses are payable, occupier to be also liable for payment thereof.", "chapter": null, "content": "(a) unless the said person neglects or refuses at the request of the Commissioner truly to disclose the amount of the rent payable by him in respect of the said building or premises and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any larger sum than, upto the time of demand, is payable by him to the owner on account of rent of the said building, land or premises, but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner;\n(b) the said persons shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses;\n(c) nothing in this section shall affect any agreement made between the said person and the owner of the building, land or premises in his occupation respecting the payment of the expenses of any such work, thing or measured as aforesaid.", "footnote": "", "is_definition": false, "sort_order": 464 }, { "number": "441", "title": "441. Commissioner may agree to receive payment of expenses in instalments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 465 }, { "number": "442", "title": "442. Certain expenses may be declared to be improvement expenses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 466 }, { "number": "443", "title": "443. Proportion of improvement expenses may be deducted from rent.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 467 }, { "number": "444", "title": "444. Redemption of charge for improvement expenses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 468 }, { "number": "445", "title": "445. Recovery of instalments due under sections 441 and 442.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 469 }, { "number": "446", "title": "446. In default of owner the occupier of any premises may execute required work and recover expenses from the owner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 470 }, { "number": "447", "title": "447. Persons liable for expenses or compensation may be used for recovery thereof.", "chapter": null, "content": "Chapter XXVIII\nControl", "footnote": "", "is_definition": false, "sort_order": 471 }, { "number": "448", "title": "448. Power of [State] Government to require performance of duties in default of any municipal authority.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 472 }, { "number": "448", "title": "449. Expenses of measures enforced under section 448 how to be recovered.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 473 }, { "number": "450", "title": "450. Power to [State] Government to call for extracts from proceedings etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 474 }, { "number": "451", "title": "451. Power of [State] Government to suspend action under this Act.", "chapter": null, "content": "[452. Power of [State] Government to [dissolve] Corporation in case of incompetency persistent default or excess or abuse of powers.\n(a) all the councillors shall, as from the date of the order of [dissolution] , vacate their offices as such councillors;\n(b) if the [State] Government so directs in the order, the members of the Transport Committee shall, as from the said date, vacate their offices as such members;\n(c) all powers and duties of the Corporation, the Standing Committee, and, if the [State] Government has directed that the members of the Transport Committee, shall vacate office, the Transport Committee under this Act or under any other law for the time being in force shall, during the period of [dissolution] , be exercised and performed by such person or persons as the [State] Government from time to time, appoints in this behalf;\n(d) all the property vested in the Corporation shall, during the period of [dissolution] , vest in the [Government] ;\n(e) the person or persons appointed under clause (c) may delegate his or their powers and duties to an individual of a committee or sub-committee.\n[452A. [Power of State Government to make a suitable provisions by order on alteration of limits of a City.]\nChapter XXIX\nRules, Bye-Laws, Regulations And Standing Orders", "footnote": "", "is_definition": false, "sort_order": 475 }, { "number": "453", "title": "453. Rules in Schedule to be part of the Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 476 }, { "number": "454", "title": "454. Alteration of and additions to Schedule.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 477 }, { "number": "455", "title": "455. Power to make rules subject to sanction of [State] Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 478 }, { "number": "456", "title": "456. Power of [State] Government to make rules.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 479 }, { "number": "457", "title": "457. Matters in respect of which rules may be made.", "chapter": null, "content": "(1) Ward election. - (a) The amount of the rateable value of business premises for the purposes of the business premises qualification under section 8.\n(2) Proceedings of Corporation and Committees and conduct of business-\n(a) the time and place of meetings of the Corporation, committees and sub-committees;\n(b) the manner in which notice of such meetings, shall be given;\n(c) the quorum necessary for the transaction of business at such meetings;\n(d) the management and adjournment of such meetings, and the regulation or orderly conduct of business thereat, including the withdrawal or suspension of members guilty of disorderly conduct;\n(e) the submission, asking and answering of questions at meetings of the Corporation;\n(f) the constitution of Special Committees;\n(g) the keeping of minutes and the submission of reports of meetings of the Corporation, committees and sub-committees;\n(h) the delegation of the powers of the Standing Committee to subcommittees;\n(i) the payment of conveyance charges to the Chairman and members of the Transport Committee for attendance at meetings thereof;\n(j) any other matter relating to the proceedings of the Corporation, a Committee or a sub-committee, the holding and regulation of meetings, the conduct of debate, the inspection of minute-books and the supply of copies of minutes to councillors or other persons on payment of fees or otherwise.\n(3) Municipal Officers and Servants-\n(a) The qualifications necessary for and the method of appointment to posts the power of appointment to which vests in the Corporation;\n(b) the mode of appointment to other posts;\n(c) the powers and duties of the Municipal Chief Auditor and his staff;\n(d) the determination of the services under the municipality to be treated as essential services for the purposes of Chapter V.\n(4) Contracts-\n(a) The manner in which contracts may be executed;\n(b) the security to be demanded for the due performance of contracts;\n(c) the calling, examination and acceptance of tenders;\n(d) the procedure to be followed in disposing of the property of the Corporation.\n(5) Special Funds-\n(6) Budget Estimates-\n(a) The classification of budget estimates of expenditure according to budget heads;\n(b) the manner of making reductions in or transfers from one budget head to another or within a budget head.\n(7) Municipal taxes-\n(a) The assessment and recovery of municipal taxes;\n(b) the conditions on which refunds of municipal taxes shall be allowed;\n(c) in respect of a tax leviable under sub-section (2) of section 127, the matters referred to in sub-section (1) of section 149.\n(8) Drainage-\n(a) The construction, maintenance, improvement, alteration and discontinuance of drains;\n(b) the conditions and restrictions to be observed with reference to drains;\n(c) the conditions for connections with municipal drains;\n(d) the conditions on which occupiers of trade-premises may discharge any trade effluent into municipal drains;\n(e) the conditions to be observed in erecting or affixing ventilation shafts or pipes under section 175;\n(f) the manner in which samples of trade-effluent shall be analysed;\n(g) the construction, position and maintenance of water-closets, privies, urinals, bathing places or washing places.\n(9) Water Supply - The terms and conditions of the supply of water to buildings or other premises.\n(10) Streets-\n(a) The information and documents to be furnished in connection with the lay-out of lands for buildings and private streets;\n(b) the definition of sky-signs;\n(c) the naming or numbering of streets and public places and the numbering of [premises] .\n(11) Regulation of buildings-\n(a) The manner in which further information and documents in regard to the erection of, or additions to, alterations in, or repairs of, buildings shall be supplied;\n(b) the conditions to be observed in commencing, carrying out, and completing building work and in occupying buildings on completion of works;\n(c) the restrictions under which alterations may be made in the use of buildings;\n(d) the inspection of newly constructed buildings;\n(e) the conditions on which loans may be granted out of the Municipal Fund for building and the form of application for such loans.\n(12) Fire Brigade - The powers exercisable by the Chief or other officer of the municipal fire brigade on the occasion of a fire.\n(13) Sanitary provisions-\n(a) The furnishing of information regarding the number of occupants in buildings;\n(b) the removal and disposal of filth, rubbish and polluted and excrementitious matter from premises;\n(c) the maintenance of premises in a sanitary conditions;\n(d) the prevention of nuisances, including the prohibition and regulation of wells;\n(e) the removal, trimming and cutting of trees and hedges;\n(f) the regulation of keeping of animals in the City;\n(g) the regulation of public bathing and the washing of clothes;\n(h) the information to be furnished by persons applying for permission to establish, remove, or re-open a factory, workshop, work-place or bakery governed by section 313;\n(i) the articles which may not be kept and the trades and operations which may not be carried on in or upon any premises without a licence under section 376;\n(j) the inspection of premises used or suspected of being used as a factory, workshop, work-place or bakery or for any licenseable trade or occupation or for the storage of any licensable article;\n(k) the prevention and regulation of the discharge of smoke, steam, fumes and noxious vapours;\n(l) the prohibition and regulation of the use of whistles, trumpets and noise-producing instruments operated by any mechanical means; (m) measures for the prevention of the spread of dangerous diseases,\n(14) Markets. - The regulation of sales within or outside municipal or private markets.\n(15) Fares and charges levied by Transport Undertaking - The exhibition of notices of fares and charges in vehicles used for the conveyance of passengers.\n(16) Vital statistics - The supply of forms of certificate regarding the cause of death to medical practitioners.\n(17) General - Any matter which is or may be prescribed to be provided for by rules.", "footnote": "", "is_definition": false, "sort_order": 480 }, { "number": "458", "title": "458. Bye-laws for what purpose to be made.", "chapter": null, "content": "(1) regulating, in any particular not specifically provided for in this Act or the rules, the construction, maintenance, protecting, flushing, cleansing and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, washing places, drainage works of every description, whether belonging to the Corporation or other persons, municipal water-works, private communication pipes, private streets and public streets;\n(2) regulating all matters and things connected with the supply and use of water;\n(3) regulating the maintenance, supervision and use of public and private cart-stands and the levy of fees for the use of such of them as belong to the Corporation;\n(4) prescribing the forms of notice under sections 253 and 254, the information, documents and plans to be furnished therewith in respect of different classes of structures or works, the manner in which and the persons by whom notices shall be signed and the manner in which plans, sections, descriptions, structural drawings or structural calculations shall be drawn, given, prepared and signed;\n(5) regulating the manner in which, the supervision under which the agency through which and the conditions and restrictions under which the work of erecting or re-erecting buildings of particular classes and any work such as is described in section 254 shall be carried out;\n(6) the structure of walls, foundations, roofs and chimneys, the number, width and position of staircases, the width of corridors and passages, the materials dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns of buildings, for securing stability and the prevention of fires and the safety of the inmates in the event of fire and for purposes of health, either generally or with reference to the type of the structure and the use to which it is intended to be put;\n(7) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;\n(8) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings;\n(9) the provision and maintenance of suitable means of access to buildings and preventing encroachment thereon;\n[(9A) the provision and maintenance of parking space and loading and unloading space, for buildings erected or re-erected in such locality or for such use as may be specified]\n(10) the provision and maintenance of house-gullies and service-passagcs;\n(11) regulating the conditions on which frame buildings may be constructed;\n(12) regulating the use of land as building sites, prescribing the minimum size of such sites, either generally or for specified areas and prescribing setbacks from the street margin for all or particular classes of buildings on specified streets or classes of streets or in specified localities;\n(13) regulating the height of structures generally or with reference to the materials of which they are constructed or the width of the streets on which they front the areas in which they are situated or the purposes for which they are intended to be used;\n(14) regulating the number and height above the ground or above the next lower storey or the storeys of which a building may consist;\n(15) prescribing the form of the completion certificate required under section 263 and the manner in which and the person by whom it shall be signed and subscribed;\n(16) regulating the intervals at which, the manner in which and the person by whom buildings shall be periodically inspected under section 265;\n(17) regulating the management, maintenance, control and use of dwellings intended for the poorer sections of the community vesting in the Corporation;\n(18) prescribing the qualifications and experience of licensed surveyors, architects, engineers, structural designers, clerks of works and plumbers;\n(19) regulating in any particular not specifically provided for in this Act conservancy and sanitation, the destruction of rodents and other vermin, preventive and remedial measures against mosquitoes, flies and other insect pests;\n(20) the control and supervision of all premises used for any of the purposes mentioned in section 376 and of all trade and manufactures carried on thereon and the prescribing and regulating of the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of any such premises;\n(21) the inspection of milch-cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of cattle-sheds and dairies;\n(22) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by dairymen or milk-sellers for containing milk;\n(23) regulating the sale of milk in the City; the protection of milk against contamination and the prevention of the sale of contaminated milk;\n(24) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch-cattle and milk against infection or contamination;\n(25) regulating the measures to be taken in the event of the outbreak of any disease among animals which is communicable to man and the supply of information which will facilitate the taking of such measure;\n(26) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold;\n(27) the control and supervision of butchers carrying on business within the City or at a municipal slaughter-house outside the City;\n(28) regulating the use of any municipal market building, market place or slaughter-houses or any part thereof;\n(29) controlling and regulating the sanitary condition of markets and slaughter-houses and preventing the exercise of cruelty therein;\n(30) the licensing of hand-carts, other than those exempted from taxation under section 143 or those plying for hire in respect of which licences have been issued under the Bombay Public Conveyances Act, 1920 (Bombay VII of 1920), and the seizure and detention of any such hand-carts that have not been duly licensed;\n(31) requiring notice to be given of the occurrence of cases of any infectious, epidemic or endemic disease, not being a dangerous disease, which may be specified and prescribing the precautions to be taken by persons suffering from, or exposed to, infection from, any such disease;\n(32) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the several classes of the community;\n(33) regulating the use of any place for the skinning and cutting up of the carcasses of animals;\n(34) facilitating and securing complete and accurate registration of births and deaths;\n(35) the registration of marriages;\n(36) securing the protection of public parks, gardens, public parking places and open spaces vested in or under the control of the Corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;\n(37) regulating the use of barbed wire or other material for the fencing of land or premises abutting on any street, pathway or place which the public are entitled to use or frequent;\n(38) regulating trade in rags, bones or second-hand clothing, bedding or other similar articles, including measures for'disinfecting on import or before removal, sale or exposure for sale or use in any manufacturing process of any such article;\n(39) regulating the holding of fairs and industrial exhibitions in the City;\n(40) regulating and prohibiting the stocking of inflammable materials and of the lighting of fires in any specified portion of the City;\n(41) regulating the charges for services rendered by any municipal authority;\n(42) regulating admission to, and use by members of the public of, municipal hospitals, dispensaries, infirmaries, homes and similar institutions and the levy of fees therein;\n(43) the protection of the property of the Corporation;\n(44) regulating the inspection by members of the public of municipal records and the fees to be charged before such inspection is allowed;\n(45) regulating the grant of certified copies of extracts from municipal records and the fees chargeable for such copies or extracts;\n(46) regulating the appointment by owners of building or lands in the City who are not resident therein of agents residing in or near the city to act for such owners for all or any of the purposes of this Act or the rules, regulations or bye-laws;\n(47) regulating generally mattes affecting the conduct of the Transport Undertaking and the travelling in or upon vehicles of the Undertaking used for the conveyance of passengers, subject to the provisions of any other enactment applicable to the Undertaking and the provisions of any rules, bye-laws, regulations, permit or licence issued thereunder, and in particular, the observance by municipal officers and servants appointed in connection with the Undertaking of sobriety, courtesy and special vigilance to prevent danger to persons or vehicles using the streets;\n(48) carrying out generally the provisions and intentions of this Act.", "footnote": "", "is_definition": false, "sort_order": 481 }, { "number": "459", "title": "459. Commissioner to lay draft bye-laws before the Corporation for its consideration.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 482 }, { "number": "460", "title": "460. Hearing by Corporation of objections to proposed bye-laws.", "chapter": null, "content": "(a) a notice of the intention of the Corporation to take such bye-law into consideration shall have been in the Official Gazette and in the local newspapers at least six weeks before the date on which the Corporation finally considers such bye-law;\n(b) a printed copy of such bye-law shall have been kept at the chief municipal office and made available for public inspection free of charge by any persons desiring to peruse the same at any reasonable time for at least one month from the date of the, notice given under clause (a);\n(c) printed copies of such bye-law shall have been delivered to any person requiring the same on a payment of such fee for each copy as shall be fixed by the Commissioner;\n(d) all objections and suggestions which may be made in writing by any person with respect thereto within one month of the date of the notice given under clause (a) shall have been considered by the Corporation.", "footnote": "", "is_definition": false, "sort_order": 483 }, { "number": "461", "title": "461. Bye-laws to be confirmed by [State] Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 484 }, { "number": "462", "title": "462. Bye-laws confirmed by [State] Government to be published in the Official Gazette.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 485 }, { "number": "463", "title": "463. Printed copies of bye-laws to be kept on sale.", "chapter": null, "content": "464. [State] Government may modify or repeal by.", "footnote": "", "is_definition": false, "sort_order": 486 }, { "number": "465", "title": "465. Regulations.", "chapter": null, "content": "(a) prescribing the qualifications required for appointments to posts in municipal service other than those specified in sub-clause (a) of clause (3) of section 457;\n(b) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;\n(c) regulating the grant of leave to municipal officers and servants;\n(d) authorising the payment of allowances to the said officers and servants, or to certain of them, whilst absent on leave;\n(e) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave;\n(f) authorising the payment of travelling or conveyance allowance to the said officers and servants;\n(g) regulating the period of service of all the said officers and servants;\n(h) determining the conditions under which the said officers and servants or\n(i) prescribing the procedure to be followed in removing from service or dismissing or otherwise punishing any municipal officer or servant other than an officer who is appointed under section 40 or 45 or who is appointed to act in the place of such officer;\n(j) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may, with the approval of the Standing Committee, be established by the said officers and servants or to such provident fund, if any, as may be established by the Corporation for the benefit of the said officers and servants.\n(k) prescribing the conditions under which and, subject to the provisions of sub-section (2) of section 50, the authorities by whom the said officers and servants or any of them, may be permitted while on duty or during leave to perform a specified service or series of services for a private person or body or for a public body, including a local authority, or for the Government and to receive remuneration therefor;\n(l) in general, prescribing any other conditions of service of the said officers and servants.\n(a) determining the standards of fitness of buildings for human habitation;\n(b) regulating the declaration of expenses incurred by the Commissioner under the provisions of this Act and the rules in respect of any materials or fittings, supplied or work executed or thing done to, upon or in connection with some building or land which are recoverable from the owner or occupier to be improvement expenses;\n(c) prescribing the powers of the Municipal Chief Auditor with regard to the disapproval of and the procedure with regard to the settlement of objections to expenditure from the revenue of the Corporation;\n(d) regulating the grant of permission by the Commissioner for the construction of shops, ware-houses, factories, huts or buildings designed for particular uses in any streets, portions of streets or localities specified' in a declaration in force under section 269.\n(b) regulations under [Clause (c) of sub-section (2)] shall be made in consultation with the Chief Auditor and shall not have effect unless sanctioned by the Corporation.", "footnote": "", "is_definition": false, "sort_order": 487 }, { "number": "466", "title": "466. Making of Standing Orders by Commissioner.", "chapter": null, "content": "(A) (a) prescribing nakas for the collection of [***] tolls;\n(b) regulating the mode and manner in which [***] tolls shall be collected;\n[***]\n(d) regulating the stamping, sealing or otherwise making of imported goods;\n[***]\n(B) the manner in which sales of immovable property attached for the nonpayment of municipal dues shall be held;\n(C) (a) the training, discipline and good conduct of the men belonging to the municipal fire-brigade and any volunteer fire-brigade recognised by the Corporation;\n(b) their speedy attendance with engines, fire-escapes and all necessary implements on the occasion of any alarm of fire;\n(c) the maintenance of the said brigade generally in a due state of efficiency;\n(d) determining the officers to whom and the places at which intimation of the outbreak of a fire shall be reported and the action to be taken on the receipt of such intimation;\n(e) for the granting of gratuities, rewards or certificates to persons who have given notice of fires or who have rendered meritorious service to the fire brigade on the occasion of a fire;\n(D) (a) for preventing nuisance or obstruction in any market- building, market-place, slaughter-house or stock-yard or in the approaches thereto;\n(b) fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours.\n(c) prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any article in which he normally deals;\n(d) for keeping every market-building, market-place, slaughter-house or stock-yard in cleanly and proper state, and for removing filth and refuse therefrom;\n(e) requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water;\n(f) requiring that in market-buildings and market-places, passages be provided between the stalls of sufficient width for the convenient use of the public;\n(g) for the marking or branding for purpose of identification of animals rejected for slaughter as discarded or unwholesome;\n(h) regulating the method of slaughter at slaughter-houses;\n(i) requiring the allotment in markets of separate areas for different classes of articles;\n(j) generally regulating the orderly management and control of markets, slaughter-houses and stock-yards.", "footnote": "", "is_definition": false, "sort_order": 488 }, { "number": "467", "title": "467. Posting of standing orders and table of stallages, rents, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 489 }, { "number": "468", "title": "468. Penalty for breach of rules, bye-laws, regulations or standing orders.", "chapter": null, "content": "(a) be punished with fine which may extend to five hundred rupees, and in the case of a continuing breach with fine which may extend to twenty rupees for every day during which the breach continues, after conviction for the first breach;\n(b) be punished with fine which may extend to twenty rupees for every day, during which the breach continues, after receipt of written notice from the Commissioner or any municipal officer duly authorised in that behalf to discontinue the breach;\n(c) in addition to the imposition of such fine, be required to remedy the mischief so far as lies in his power.\nChapter XXX\nMiscellaneous Public Notices and Advertisements", "footnote": "", "is_definition": false, "sort_order": 490 }, { "number": "469", "title": "469. Public notices how to be made known.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 491 }, { "number": "470", "title": "470. Advertisements how to be made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 492 }, { "number": "471", "title": "471. Consent, etc., of Corporation, etc. may be proved by written documents.", "chapter": null, "content": "(a) the Corporation, the Standing Committee, the Transport Committee or any other Committee;\n(b) the Commissioner or the Transport Manager or any municipal officer, a written document signed as provided in sub-section (2) purporting to convey or set-forth, such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.\n(a) when the authority concerned is the Corporation or the Standing Committee or any Committee other than the Transport Committee, by the Municipal Secretary on behalf of such authority;\n(b) when the authority concerned is the Transport Committee, by the Chairman of that Committee;\n(c) when the authority concerned is the Commissioner, the Transport Manager or any municipal officer, the Commissioner, the Transport Manager or such municipal officer, as the case may be.\nService of Notices, Etc.", "footnote": "", "is_definition": false, "sort_order": 493 }, { "number": "472", "title": "472. Notices, etc. by whom to be served or presented.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 494 }, { "number": "473", "title": "473. Service how to be effected on owners of premises and other persons.", "chapter": null, "content": "(a) by giving or tendering to such person the said notice, bill, schedule, summons or other documents; or\n(b) if such person is not found, by leaving the said notice, bill, schedule, summons or other documents at his last known place of abode in the City, or by giving or tendering the same to some adult member or servant of his family, or by leaving the same at his usual place of business, if any, or by giving or tendering the same to some adult employee, if any, of his at such place; or\n(c) if such person does not reside in the City and his address elsewhere is known to the Commissioner by forwarding the said notice, bill, schedule, summons or other documents to him by post under cover, bearing the said address; or\n(d) if none of the means aforesaid be available, by causing the said notice, bill schedule, summons or other documents to be affixed on some conspicuous part of the building or land, if any, to which the same relates.", "footnote": "", "is_definition": false, "sort_order": 495 }, { "number": "474", "title": "474. Service on owner or occupier of premises how to be effected.", "chapter": null, "content": "(a) by giving or tendering the said notice, bill, schedule, summons or other documents to the owner or occupier, or if there be more than one owner or occupier, to any one of the owners or occupiers of such building or land, or\n(b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other documents to some adult member or servant of the family of the owner or occupier or of any of the owners or occupiers; or\n(c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other documents to be affixed on some conspicuous part of the building or land to which the same relates.", "footnote": "", "is_definition": false, "sort_order": 496 }, { "number": "475", "title": "475. Sections 472, 473 and 474 inapplicable to Magistrate's summons.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 497 }, { "number": "476", "title": "476. Signature on notices, etc. may be stamped.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 498 }, { "number": "477", "title": "477. Power of Commissioner to call for information as to ownership of premises.", "chapter": null, "content": "Unauthorised Works", "footnote": "", "is_definition": false, "sort_order": 499 }, { "number": "478", "title": "478. Work or thing done without written permission of the Commissioner to be deemed unauthorised.", "chapter": null, "content": "Enforcement of Orders to Execute Works, Etc.", "footnote": "", "is_definition": false, "sort_order": 500 }, { "number": "479", "title": "479. Works, etc. which any person is required to execute may in certain cases be executed by Commissioner at such,person's cost.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 501 }, { "number": "480", "title": "480. Supply of materials.", "chapter": null, "content": "Legal Proceedings.", "footnote": "", "is_definition": false, "sort_order": 502 }, { "number": "481", "title": "481. Provisions respecting institution etc. of civil and criminal actions and obtaining legal advice.", "chapter": null, "content": "(a) take, or withdraw from proceedings against any person who is charged with,-\n(i) any offence against this Act or any rule, regulation or by-law;\n(ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act;\n(iii) committing any nuisance whatever;\n(b) compound any offence against this Act or any rule, regulation or bye-law which under the law of the time being in force may legally be compounded;\n(c) defend any election petition brought under section 16;\n(d) defend, admit or compromise any appeal against a rateable value or tax brought under section 406;\n(e) take, withdraw from or compromise, proceedings under sub-section (2) of section 402, sub-sections (3) and (4) of section 439 and sections 381 and 416 for the recovery of expenses or compensation claimed to be due to the Corporation.\n(f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of the Standing Committee, any such claim for any such claim for any sum exceeding five hundred rupees;\n(g) defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;\n(h) with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a municipal officer or servant, in respect of anything done or omitted to be done as aforesaid;\n(i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.\n(j) obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or servant: Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the Corporation shall determine to have instituted and prosecuted.\nGeneral", "footnote": "", "is_definition": false, "sort_order": 503 }, { "number": "482", "title": "482. Councillors, etc., to be deemed to be public servants.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 504 }, { "number": "483", "title": "483. Co-operation of Police, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 505 }, { "number": "484", "title": "484. Assistance for the recovery of rent on land.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 506 }, { "number": "485", "title": "485. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 507 }, { "number": "486", "title": "486. Indemnity for acts done in good faith.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 508 }, { "number": "487", "title": "487. Protection of persons acting under this Act against suits.", "chapter": null, "content": "(a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any for the purpose of such suit, for\n(b) unless it is commenced within six months next after the accrual of the cause of action.\n(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid:\n(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.", "footnote": "", "is_definition": false, "sort_order": 509 }, { "number": "488", "title": "488. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879.", "chapter": null, "content": "(1) the use of any land for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code;\n(2) it shall be sufficient for any occupant of land assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and of the rules, regulations and bye-laws to entitled such occupant to permission under section 65 of the said Code subject to the condition of the payment of altered assessment and fine, if any for the use of his holding or part thereof for any purpose unconnected with agriculture.", "footnote": "", "is_definition": false, "sort_order": 510 }, { "number": "489", "title": "489. Limitation of liability of agent or trustee or owner.", "chapter": null, "content": "Chapter XXXI\nRepeals and Amendments", "footnote": "", "is_definition": false, "sort_order": 511 }, { "number": "490", "title": "490. Certain Acts to cease to apply to City.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 512 }, { "number": "491", "title": "491. Amendment of certain enactments.", "chapter": null, "content": "492.", "footnote": "", "is_definition": false, "sort_order": 513 }, { "number": "493", "title": "493. Transitory provisions.", "chapter": null, "content": "[Appendix I-A]\n[Appendix I-A]\n( See Section 141f)\n( See Section 141f)\nModifications\nModifications\n1. [***]\n2. [***]\n[3. In section 140,-\n(1) in sub-section (1) ,-\n(a) for the words \"any property tax\", the words \"property tax\" shall be substituted;\n(b) for the portion beginning with the words [as the carpet area of the premises occupied by such occupier bears to the aggregate carpet area of the said premises occupied by both or all of them] , the following shall be substituted, namely:-\n(a) a residential hut, or\n(b) a residential tenement, in a chawl , having carpet area not exceeding twenty five square metres, is not paid before the end of the official year to which such tax relates but is paid thereafter, the interest shall be leviable for the period commencing on the date immediately after the expiry of the official year and ending on the date of the payment of the property tax.]\nAppendix I\nAppendix I\n[( See Section 248N)]\n[( See Section 248N)]\nProvisions of the Land Acquisition Act, 1894, Regulating the Acquisition of Land for Improvement Purposes\nProvisions of the Land Acquisition Act, 1894, Regulating the Acquisition of Land for Improvement Purposes\nAppendix II\nAppendix II\n(See Section 392)\n(See Section 392)\nTable of Penalties\nTable of Penalties\nPart I\nSections, Sub-sections and Clauses\nSections, Sub-sections and Clauses\nFine which may be Imposed\nFine which may be Imposed\n309(2), 311(e), 311(f), 311(g).\nTen rupees\n197(2), 295, 334(2), 373(1), 374, 375. 376(6).\nTwenty rupees\n172, 196(2), Proviso, 208, 227(3), 228, 233(1), 236(2),\n\t\t\t\t238(2), 240, 246, 297, 330(1), 333, 377(1), [* *] , 384, 385,\n\t\t\t\t386(5).\nFifty rupees\n60, 108(2), 145(2), 163, 164, 165, - [166A,] , 168(l)(b),\n\t\t\t\t169(b), 174, 184, 186, 187(1), 187(2), 199, 200, 212(2), 223,\n\t\t\t\t227(3), 229(1), 230(1), 232, 239(1), 241(1), 243(1), 244(1),\n\t\t\t\t244(3), 248(1), 251, 265(4), 266, 298(5), 308, 318, 319, 326,\n\t\t\t\t335(1), 366, 367, 368, 369, 379, 380, [***]\nOne hundred rupees\n161, 178(1), 179, 195(1), 198, 226(1), 226(2), 226(4), 242,\n\t\t\t\t247(1), 265(2), 265(3), 267(1), 268(4), 299(1), 307(1), 307(2),\n\t\t\t\t378(1), 383, 417(3).\nTwo hundred rupees\n160(2), 171(1), 221(1), 257, 261(1), 263, 264(1), 264 (2),\n\t\t\t\t298(2), 301(1), 304(3), 322, 325(1), 376(1).\nFive hundred rupees\n210(4), 262, 269(7), [284G (8),] 313, 314, 331(2).\nOne thousand rupees\n[381\nFive thousand rupees]\n[382\nSeven thousand rupees.]\nPart II\nSections, Sub-sections and Clauses\nSections, Sub-sections and Clauses\nDaily fine which may be Imposed\nDaily fine which may be Imposed\n227(3), 228, 297, 308, 375, 376(6), 379, [* *]\nFive rupees\n161,163, 164, 165, [166A] , 168(l)(b), 169(b), 172, 174, 184,\n\t\t\t\t186, 187(1), 187(2), 195(1), 200, 223, 226(2), 226(4), 229(1),\n\t\t\t\t230(1), 232, 241(1), 244(1), 244(3), 247(1), 248(1), 285(4),\n\t\t\t\t298(5), 330(1), [***] 384, 385, 386(5).\nTen rupees\n60, 198, 243(1), 246, 256(2), 265(3), 267(1), 268(4), 307(1),\n\t\t\t\t307(2), 383.\nTwenty rupees\n160(2), 171(1), 212(1), 239(1), 240, 266, 298(2), 299(1),\n\t\t\t\t301(1), 376(1), 378(1), [381] , 417(3)\nFifty rupees\n210(4), 257, 263, 264(1), 264(2), 269(1), [284G, (8)] , [382]\nOne hundred rupees\n313, 314.\nFive hundred rupees.\nAppendix III\nAppendix III\n( See Section 491)\n( See Section 491)\nEnactments Amended\nEnactments Amended\nNumber and year\nNumber and year\nShort title\nShort title\nAmendments\nAmendments\nBombay 1 of 1915\nThe Bombay Town Planning Act, 1915\nIn sub-section (1) of section 4, sub-section\n\t\t\t\t\t(2) of section 10, sub-section (1) of section 27, sub-section\n\t\t\t\t\t(3) of section 44 and sub-section (3) of section 45, for the\n\t\t\t\t\twords \"the City of Bombay\" the word \"any area for\n\t\t\t\t\twhich a municipal corporation is constituted under any\n\t\t\t\t\tenactment\" shall be substituted.\nBombay V of 1925\nThe Bombay Prevention of Adulteration Act, 1925", "footnote": "", "is_definition": false, "sort_order": 514 }, { "number": "2", "title": "1. In Clause (c) of section 2, for the words\n\t\t\t\t\t\"the City of Bombay\" the words \"any area for\n\t\t\t\t\twhich a municipal corporation is constituted under any\n\t\t\t\t\tenactment\" shall be substituted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 515 }, { "number": "19", "title": "2. In sub-section (1) of section 19, for the\n\t\t\t\t\twords \"the City of Bombay after consultation with the\n\t\t\t\t\tCorporation of the City of Bombay\" the words, \"any\n\t\t\t\t\tarea for which a municipal corporation is constituted under any\n\t\t\t\t\tenactment after consultation with such corporation\" shall\n\t\t\t\t\tbe substituted.", "chapter": null, "content": "Bombay XXXII of 1947\nThe Lord Reay Maharashtra Industrial Museum\n\t\t\t\t\tAct, 1947", "footnote": "", "is_definition": false, "sort_order": 516 }, { "number": "6-", "title": "1. In sub-section (2) of section 6-", "chapter": null, "content": "(1) for paragraph B the following revised\n\t\t\t\t\tparagraph shall be substituted, namely:-\n\"B. The following four exofficio\n\t\t\t\t\trepresentatives of the Municipal Corporation of the City of\n\t\t\t\t\tPoona-\n(i) the Mayor, who shall be the Chairman,\n(ii) the Chairman, Standing Committee,\n(iii) the Chairman, Municipal School Board.\n(iv) the Municipal Commissioner for the City of\n\t\t\t\t\tPoona\".\n(2) In paragraph C for the words \"Poona\n\t\t\t\t\tCity Borough Municipality\" the words \"Municipal\n\t\t\t\t\tCorporation of the City of Poona\" shall be substituted.", "footnote": "", "is_definition": false, "sort_order": 517 }, { "number": "17", "title": "2. In section 17 for the words \"Bombay\n\t\t\t\t\tMunicipal Borough Act, 1925, the Poona City Borough\n\t\t\t\t\tMunicipality\" the words \"Bombay Provincial Municipal\n\t\t\t\t\tCorporation Act, 1949, the Municipal Corporation of the City of\n\t\t\t\t\tPoona\" shall be substituted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 518 }, { "number": "21", "title": "3. In [(Clause (b)] , of subsection (2) of\n\t\t\t\t\tsection 21, for the words \"Poona City Borough Municipality\"\n\t\t\t\t\tthe words \"Municipal Corporation of the City of Poona\"\n\t\t\t\t\tshall be substituted.", "chapter": null, "content": "Bombay LVII of 1947\nThe Bombay Rents, Hotel and Lodging Houses\n\t\t\t\t\tRates Control Act, 1947\nIn section 10A the following shall be added,\n\t\t\t\t\tnamely:-\"\n(4) If the general tax levied under section 129\n\t\t\t\t\tof the Bombay Provincial Municipal Corporations Act, 1949, in\n\t\t\t\t\trespect of any premises in any city exceeds the amount paid by\n\t\t\t\t\tany landlord to any local authority on account of a rate or tax\n\t\t\t\t\ton buildings, houses or lands in respect of such premises for\n\t\t\t\t\tthe assessment period which include the 31st March 1949, there\n\t\t\t\t\tshall be deemed to be an increase in such rate or tax for the\n\t\t\t\t\tpurpose of this section\".\n[Bombay XX of 1948]\nThe Poona University Act, 1948\nIn sub-section (1) of section 16, in clause\n\t\t\t\t\t(iv) of paragraph (A) in class II-\n(1) for Sub-clause (a) the following shall be\n\t\t\t\t\tsubstituted, namely:-\n\"(a) two members by the Municipal\n\t\t\t\t\tCorporation of the City of Poona\";\n(2) sub-clause (b) shall be deleted.\nBombay LX1X of 1948\nThe Bombay Housing Board Act, 1948\nIn section 25-\n(1) in sub-section (1) for the words and\n\t\t\t\t\tfigures \"Chapter XII-A of the City of Bombay Municipal Act,\n\t\t\t\t\t1888\", the words \"any enactment for the time being in\n\t\t\t\t\tforce for the constitution of a Municipal Corporation for any\n\t\t\t\t\tarea in the Province of Bombay\" shall be substituted.\n(2) in sub-section (2) for the words and\n\t\t\t\t\tfigures \"the City of Bombay Municipal Act, 1888\" the\n\t\t\t\t\twords \"any such enactment as aforesaid\" shall be\n\t\t\t\t\tsubstituted.\nBombay LXXIX of 1948\nThe Bombay Shops and Establishments Act, 1948\nIn clause (15) of section 2, for the words and\n\t\t\t\t\tfigures, \"Municipality constituted under the City of Bombay\n\t\t\t\t\tMunicipal Act, 1888\" the words \"a municipal\n\t\t\t\t\tcorporation constituted under any enactment for the time being\n\t\t\t\t\tin force or a municipality constituted under\" shall be\n\t\t\t\t\tsubstituted.\nAppendix IV\nAppendix IV\nTransitory Provisions\nTransitory Provisions\n( See Section 493)\n( See Section 493)\nPart I\nGeneral\nGeneral", "footnote": "", "is_definition": false, "sort_order": 519 }, { "number": "1", "title": "1. Construction of reference in other enactments.", "chapter": null, "content": "[(b) References in any enactment other than the Gujarat Local Fund Audit Act, 1963 (Gujarat 49 of 1963), the Gujarat Panchayats Act, 1961 (Gujarat 6 of 1962) and the law corresponding to any of the said Acts, which may have been in force before coming into force of any of the said Acts, in force on the date immediately preceding the appointed day in a city or in any rule, order, or notification, made or issued thereunder and in force on such date in the said city to villages, grams, nagars, village panchayats, gram panchayats or nagar panchayats constituted under the Gujarat Panchayats Act, 1961 or the law corresponding to said Act which may have been in force before coming into force of the said Act shall unless a different intention appears, be construed as references to such area of the city which formed part of or which was such gram or nagar or to the Corporation of the said city, as the case may be, and such enactment, rule, order or notification shall apply to the said area of the city or Corporation.]", "footnote": "", "is_definition": false, "sort_order": 520 }, { "number": "2", "title": "2. Transfer of rights.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 521 }, { "number": "3", "title": "3. Sums due.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 522 }, { "number": "4", "title": "4. Debts, obligations, contracts and pending proceedings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 523 }, { "number": "5", "title": "5. Continuation of appointments, taxes, budget estimates, assessments, etc.", "chapter": null, "content": "(a) any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law or form made, issued, imposed or granted under the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or any other law in force in any local area constituted to be a City immediately, before the appointed day shall, in so far as it is not inconsistent with the provisions of this Act, continue in force until it is superseded by any appointment, notification, notice, tax, order, scheme, licence, permission, rule, bye-law, or form made, issued, imposed or granted under this Act or any other law as aforesaid, as the case may be;\n(b) all budget estimates, assessments, valuation, measurements, and divisions made under the Bombay District Municipal Act, 1901 (Bombay Ill of 1901), or the Bombay Municipal Boroughs Act, 1925 (Bombay XVIII of 1925), or any other law in force in any area constituted to be a City immediately before the appointed day shall in so far as they are consistent with the provisions of this Act, be deemed to have been made under this Act;\n(c) all officers and servants in the employ of the said municipality or local authority immediately before the appointed day shall be officers and servants employed by the Corporation under this Act and shall, until other provision is made in accordance with the provisions of this Act, receive salaries and allowances and be subject to the conditions of service to which they were entitled on subject on such date:", "footnote": "", "is_definition": false, "sort_order": 524 }, { "number": "6", "title": "6. Provision for Municipality or local authority which is superseded or dissolved.", "chapter": null, "content": "[6A., Special Conditions for erection and re-erection of buildings etc., in certain areas.\nPart II\nSpecial Provisions Relating to The City of Ahmedabad\nSpecial Provisions Relating to The City of Ahmedabad", "footnote": "", "is_definition": false, "sort_order": 525 }, { "number": "7", "title": "7. Ahmedabad Borough Municipality to be deemed to be Corporation under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 526 }, { "number": "8", "title": "8. Corporation to appoint forthwith Standing Committee, Transport Committee, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 527 }, { "number": "9", "title": "9. Temporary appointment of Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 528 }, { "number": "10", "title": "10. Commissioner to take steps to hold Elections, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 529 }, { "number": "11", "title": "11. Chief Officer to vacate office.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 530 }, { "number": "12", "title": "12. Savings in respect of Bombay Local Fund Audit Act, 193.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 531 }, { "number": "13", "title": "13. Ahmedabad Municipal School Board to be deemed to be the Municipal School Board for the City.", "chapter": null, "content": "[Part III:\nSpecial Provisions Relating to The City of Poona] Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.\nSpecial Provisions Relating to The City of Poona] Deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.\nPart IV\nSpecial Provisions Relating to Other Cities.\nSpecial Provisions Relating to Other Cities.\n22.\n(a) for the constitution of the following interim authorities and the exercise of\n[for such period] not exceeding [One year] as it thinks fit:-\n(i) the Corporation,\n(ii) the Standing Committee,\n(iii) the Transport Committee,\n(iv) the Mayor and Deputy Mayor,\n(v) the Commissioner,\n(vi) the Transport Manager;\n(b) the appointment of municipal officers and servants; and\n(c) such other matters as may be necessary for the proper and efficient conduct of the municipal administration of the City.\n[22A.\n(b) Any direction issued by the State Government to any interim authority under sub-paragraph (a), shall be complied with by the interim authority within such period as may be specified in the order under the said sub-paragraph (a).\n(c) Where an interim authority fails to comply with a direction issued by the State Government, the provisions of sub-section (2) of section 448 shall, so far as may be, apply as if for the word \"duty\" wherever it occurs in the said sub-section (2), the word \"direction\" had been substituted.\n22B.\n(1) in the notification referred to in the said paragraph 22 provide for appointment of an Administrator instead of constitution of interim authorities referred to in items (i) to (iv) of sub-paragraph (a) of paragraph 22,\n(2) by notification in the Official Gazette provide for appointment of an Administrator on the expiry of the term of interim authorities referred to in items (i) to (iv) of sub-paragraph (a) of the said paragraph 22 and continuation of the interim authorities referred to in items (v) and (vi) of the said paragraph (a) for such period as may be specified in the notification, and the provisions of section 7A shall, so far as may be apply to the appointment of such administrator.]\nPart V\nPower to Remove Difficulties\nPower to Remove Difficulties", "footnote": "", "is_definition": false, "sort_order": 532 }, { "number": "23", "title": "23. Power to remove difficulties.", "chapter": null, "content": "[schedule A]\n( See Section 453)\n( See Section 453)\n[Chapter I. Election Rules] Deleted by Gujarat 16 of 1993, Section 23.\n[Chapter I. Election Rules] Deleted by Gujarat 16 of 1993, Section 23.\nChapter II\nProceedings of The Corporation, Standing Committee, Transport Committee, Etc.\nProceedings of The Corporation, Standing Committee, Transport Committee, Etc.\nProceedings of The Corporation.\nProceedings of The Corporation.", "footnote": "", "is_definition": false, "sort_order": 533 }, { "number": "1", "title": "1. Provisions regulating Corporation's proceedings,.", "chapter": null, "content": "(b) the first meeting of the Corporation after general elections shall be held as early as conveniently may be, on a day and at a time and place to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent date to be fixed by the Commissioner;\n(c) the day, time and place of meeting shall in every other case be fixed by the Mayor or in the event of the office of Mayor being vacant, or of the death or resignation of the Mayor or of his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor, or failing both the Mayor and the Deputy Mayor, by the Chairman of the Standing Committee;\n(d) the Mayor or, in such event as aforesaid, the Deputy Mayor may, whenever he thinks fit, and shall upon a written requisition signed by not less than one-fourth of the whole number of councillors or by not less than four members of the Standing Committee, call a special meeting and every meeting of the Corporation shall except for special reasons to be mentioned in the notice convening the meeting, be held in the chief municipal office;\n(e) every meeting shall be open to the public, unless a majority of the councillors present thereat decide by a resolution which shall be put by the presiding authority, of his own motion or at the request of any councillor present, without previous discussion, that any inquiry or deliberation pending before the Corporation is such as should be held in private, and provided that the presiding authority may at any time cause any person to be removed who interrupts the proceedings;\n(f) if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of councillors present, inclusive of the presiding authority, falls short of one-third of the whole number of councillors, the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting, or if the latter meeting should be again adjourned, at any subsequent adjourned meeting, whether there be a quorum present thereat or not;\n(g) every meeting shall be presided over by the Mayor, if he is present at the time appointed for holding the same, and if the office of Mayor is vacant or if the Mayor is absent, by the Deputy Mayor or, in the absence of the Deputy Mayor, by such one of the councillors present as may be chosen by the meeting to be Chairman for the Occasion;\n(h) at least seven clear days' notice shall ordinarily be given of every meeting, other than an adjourned meeting, but in cases of urgency any such meeting may be called, except for the purpose of considering an annual budget estimate, in pursuance of a written requisition signed by not less than four members of the Standing Committee, upon a notice of not less than three clear days; of adjourned meetings such previous notice shall be given as shall be practicable having regard to the period of the adjournment;\n(i) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat other than questions under section 44 and shall be given by the Municipal Secretary by advertisement in at least one local newspaper having a substantial circulation and, as far as practicable, a copy of such notice shall be sent by ordinary post to the last known address of every councillor;\n(j) any councillor who desires at any meeting to bring forward any business, other than any questions under section 44, or to make any substantive proposition which is not already specified in the notice of such meeting shall give written notice of the same to the Municipal Secretary at least three clear days before the day fixed for the meeting; and a supplementary announcement of the business or propositions, of which notice has been so given, shall be given by the said Secretary in a local newspaper not later than the day previous to the meeting;\n(k) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (j) and any questions asked under section 44, or urgent business not specified in the said notice which the Standing Committee, Transport Committee or the Commissioner deem it expedient to bring before the meeting and no substantive proposition shall be made on discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (f) or which is not in support of the recommendation of the Standing Committee, Transport Committee or Commissioner with reference to any urgent business brought by any of those authorities respectively before the meeting:\n(m) any meeting may, with the consent of a majority of the councillors present, be adjourned from time to time to a later hour on the same day or to any other day, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjourned meeting other than the business or proposition remaining undisposed of at the meeting from which the adjournment took place:\n(i) that written notice of such proposition has been given at the meeting from which the adjournment took place;\n(ii) that the adjournment has been for not less than two clear days; and\n(iii) that a special announcement of the proposition has been given by the Municipal Secretary (who shall be bound to give such announcement) in a local daily newspaper not later than the day previous to the adjourned meeting.\n(n) a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting, or as soon thereafter as may be, be drawn up and kept by the Municipal Secretary in a book to be provided for this purpose and shall be signed at, and by the presiding authority of, the next ensuing meeting, and the said minute-book shall at all reasonable times be open at the chief municipal office to inspection by any councillor free of charge and by any other persmr on payment of a fee of eight annas;\n(o) every question other than the question whether the Standing Committee, Transport Committee or Commissioner shall be permitted to being urgent business before a meeting without notice, shall be decided by a majority of votes of the councillors present and voting on that question, unless otherwise provided in or under this Act, the presiding authority having a second or casting vote when there is an equality of votes;\n(p) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute-book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition;\n(q) when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the proposition shall be recorded in the minute-book;\n(r) no resolution passed by the Corporation shall be modified or cancelled within three months after the passing thereof, except by a resolution supported by not less than one-half of the whole number of councillors or by such larger number of councillors as may be required by this Act in any particular case and passed at a meeting whereof notice shall have been given fulfilling the requirements of clause (h) and setting forth fully the resolution which it is proposed to modify or cancel at such meeting and the motion or proposition for the modification or cancellation of such resolution.", "footnote": "", "is_definition": false, "sort_order": 534 }, { "number": "2", "title": "2. Power to order withdrawal of councillor.", "chapter": null, "content": "Proceedings of The Standing Committee\nProceedings of The Standing Committee", "footnote": "", "is_definition": false, "sort_order": 535 }, { "number": "3", "title": "3. Provisions regulating the proceedings of the Standing Committee.", "chapter": null, "content": "(b) the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner; and every subsequent meeting of the Standing Committee shall be held on such day and at such time as the said Committee from time to time determines;\n(c) the Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty-four hours for the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee;\n(d) no business shall be transacted at a meeting of the Standing Committee unless at least five members are present from the beginning to the end of such meeting;\n(e) every meeting of the Standing Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and if the Chairman is absent by such one of the members present as may be chosen by the meeting to be Chairman for the occasion;\n(f) every question shall, except as otherwise provided in this Act, be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;\n(g) a sub-committee may elect a chairman of its meetings, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee present shall choose one of its members to be Chairman of such meeting;\n(h) sub-committees may meet and adjourn as they think proper, but the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub-committee, call a special meeting of such subcommittee;\n(i) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present, and in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two-thirds of the members of the sub-committee are present from the beginning to the end thereof;\n(j) a minute shall be kept by the Municipal Secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee's meetings in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting.\nProceedings of the Transport Committee\nProceedings of the Transport Committee", "footnote": "", "is_definition": false, "sort_order": 536 }, { "number": "4", "title": "4. Meetings of Transport Committee.", "chapter": null, "content": "(b) there shall be meeting of the Transport Committee once a fortnight and at such other times as shall be found necessary;\n(c) the first meeting of the Transport Committee shall be held on a day and at a time to be fixed by the Mayor and, if not held on that day, shall be held on some subsequent day to be fixed by the Mayor, and every subsequent meeting of the Committee shall be held on such day and at such time as the Committee may from time to time determine;\n(d) the Chairman of the Transport Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or the Transport Manager, or by not less than three members of the Committee, within forty-eight hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business;\n(e) no business shall be transacted at a meeting of the Transport Committee unless at least four members are present from the beginning to the end of such meeting;\n(f) every meeting of the Transport Committee shall be presided over by the Chairman, if the Chairman is present at the time for holding the meeting, and, if the Chairman is absent, by such one of the members as may be chosen by the meeting to be Chairman for the occasion;\n(g) every question shall, subject to the provisions of this Act, be decided by a majority of votes of the members of the Transport Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;\n(h) the Transport Committee shall cause to be kept a minute of the names of the members present and of the proceedings at each meeting of the Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting.\nQuestions\nQuestions", "footnote": "", "is_definition": false, "sort_order": 537 }, { "number": "5", "title": "5. Right to ask questions.", "chapter": null, "content": "(a) not less than seven clear days' notice in writing specifying, the question shall be given to the Municipal Secretary;\n(b) no question shall be asked-\n(i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical proposition;\n(ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of the Dominion of India;\n(iii) which relates to the character or conduct of any municipal officer or servant except in his official or public capacity; or\n(iv) which is, or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or community or section of any community.\nChapter III\nMethod of Appointment of Certain Municipal Officers and Servants and Their Duties and Powers 1. Method of Appointment 1. Manner of making appointments. - Save in the case of temporary appointments made under sub-section (7) of section 45 and in the case of acting appointments made under section 58 no person shall be appointed to any of the posts the power of appointment to which vests in the Corporation unless he possesses the qualifications prescribed inkhis behalf under rule 3.\nMethod of Appointment of Certain Municipal Officers and Servants and Their Duties and Powers", "footnote": "", "is_definition": false, "sort_order": 538 }, { "number": "1", "title": "1. Method of Appointment", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 539 }, { "number": "1", "title": "1. Method of Appointment", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 540 }, { "number": "1", "title": "1. Manner of making appointments.", "chapter": null, "content": "2.\n3.\n4.\nII. Chief Auditor\nII. Chief Auditor\n5.\n(i) audit the account of expenditure from the revenue of the Corporation, expenditure on account of loan works and expenditure incurred out of special funds and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to, the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it;\n(ii) audit the accounts of debt, deposit, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon those accounts, and upon the results of verification of the balances relating thereto.\n6.\n7.\n8.\n9.\n10.\nChapter IV\nEssential Services\nClass I\nClass I\n(a) Scavenging or cleansing streets or premises.\n(b) maintaining, repairing, cleansing or flushing drains,\n(c) removing or disposing of excrementitious or polluted matter from houses, latrines, privies, urinals or cesspools,\n(d) removing carcasses,\n(e) preventing nuisances generally.\nCLASS II\nCLASS II\n(a) fire brigade service,\n(b) services in connection with the maintenance or service of any municipal water works, drains, pumping stations or fire hydrant, including-\n(i) Inspectors,\n(ii) Sub-Inspectors\n(iii) Foremen,\n(iv) Mechanics,\n(v) Drivers,\n(vi) Watchmen,\n(vii) Labourers,\n(viii) Workmen,\n(c) Lamp-Lighters.\nCLASS III\nCLASS III\n(a) Electric undertaking services.\n(b) transport services.\nChapter V\nContracts", "footnote": "", "is_definition": false, "sort_order": 541 }, { "number": "1", "title": "1. Mode of executing contracts.", "chapter": null, "content": "(a) any such contract which would require to be under seal if it were entered into by the Commissioner shall be sealed with the common seal of the Corporation; and\n(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five hundred rupees or such higher amount as the Corporation, with the approval of the [State] Government, may from time to time prescribe shall be in writing and shall be sealed with the common seal of the Corporation in the manner prescribed in sub-rule (2), unless the contract relates to work which has already been performed or the supply of materials or goods which have already been supplied to the satisfaction of the Commissioner and the Commissioner by order in writing dispenses with the execution of a written instrument.", "footnote": "", "is_definition": false, "sort_order": 542 }, { "number": "2", "title": "2. Tenders to be invited for certain contracts.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 543 }, { "number": "3", "title": "3. Security when to be taken for performance of contract.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 544 }, { "number": "4", "title": "4. Application of Chapter to contracts relating to Transport Undertaking.", "chapter": null, "content": "Chapter VI\nSpecial Funds", "footnote": "", "is_definition": false, "sort_order": 545 }, { "number": "1", "title": "1. Constitution of Fines Funds.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 546 }, { "number": "2", "title": "2. Constitution of Welfare Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 547 }, { "number": "3", "title": "3. Special funds may be created with the approval of Corporation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 548 }, { "number": "4", "title": "4. Institution of Transport Staff Benefit Fund.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 549 }, { "number": "5", "title": "5. Other special funds.", "chapter": null, "content": "Chapter VII\nBudgets", "footnote": "", "is_definition": false, "sort_order": 550 }, { "number": "1", "title": "1. Classification of budget heads.", "chapter": null, "content": "(a) \"Major head\" means the principal head of accounts corresponding to the different services under which expenditure is classified in the budget estimate, and may be divided into two or more minor heads.\n(b) \"Minor head\" means the head of accounts immediately subordinate to a major head under which each major head is classified, and may be further sub-divided into two or more subordinate heads.\n(c) \"Subordinate head\" means the head of accounts immediately subordinate to a minor head under which each minor head is classified and may be further sub-divided into two or more primary units.\n(d) \"Primary unit\" means the ultimate group or groups into which individual items of expenditure in the budget estimates are arranged.", "footnote": "", "is_definition": false, "sort_order": 551 }, { "number": "2", "title": "2. Reductions of transfers.", "chapter": null, "content": "(a) reduce the amount of a budget grant;\n(b) sanction the transfer of any amount within a budget grant from one minor head to another or from a subordinate head under one minor head to a subordinate head under another minor head; or\n(c) sanction the transfer of any amount exceeding rupees five thousand within a minor head from one subordinate head to another or from one primary unit to another.\nChapter VIII\nTaxation Rules Notice of Transfer, Etc., of Premises Assessable to Property Taxes", "footnote": "", "is_definition": false, "sort_order": 552 }, { "number": "1", "title": "1. Notice to be given to Commissioner of all transfers of title of persons primarily liable to payment of property tax.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 553 }, { "number": "2", "title": "2. Form of notice.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 554 }, { "number": "3", "title": "3. Liability for payment of property taxes to continue in the absence of any notice of transfer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 555 }, { "number": "4", "title": "4. Commissioner may call for information from Registrar.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 556 }, { "number": "5", "title": "5. Notice to be given to Commissioner of the erection of a new building, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 557 }, { "number": "6", "title": "6. Notice to be given to the Commissioner of demolition or removal of a building.", "chapter": null, "content": "[7. Rateable value how to be determined.", "footnote": "", "is_definition": false, "sort_order": 558 }, { "number": "8", "title": "8. Commissioner may call for information or return from owner or occupier or enter and inspect assessable premises.", "chapter": null, "content": "(a) as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land [or premises] ;\n(b) as to the dimensions of such building or land [or premises] , or of any portion thereof and the rent, if any, obtained for such building or land [or premises] or any portion thereof; and\n(c) as to the actual cost or other specified details connected with the determination of the value of such building or land [or premises] .\nAssessment Book", "footnote": "", "is_definition": false, "sort_order": 559 }, { "number": "9", "title": "9. Assessment book what to contain.", "chapter": null, "content": "(a) a list of all [buildings or lands or as the case may be, premises] in the City, distinguishing each either by name or number as he shall think fit, and containing such particulars regarding the location or nature of each as will, in his opinion, be sufficient for identification;\n(b) the rateable value of each such [building or land or as the case may be, premises] determined in accordance with the provisions of this Act and the rules;\n(c) the name of the person primarily liable for the payment of the property taxes, if any, leviable on each such building or land [or as the case may be premsies] ;\n(d) if any such building or land [or as the case may be premsies] is not liable to be assessed to the general tax, the reason of such non-liability;\n(e) when the rates of the property-taxes to be levied for the year have been duly fixed by the Corporation [and either the period] fixed by public notice, as hereinafter provided, or the receipt of complaints against the amount of rateable value entered in any portion of the assessment book has expired, [or the complaint, if any, made against any entry has been disposed of in accordance with the provisions hereinafter contained] , the amount of which each building or land [or premises] entered in such portion of the assessment-book is assessed to each of the property taxes, if any, leviable therein;\n(f) if, under section 134 or 135, a charge is made for water supplied to any building or land [or premises] by measurement, or the water-tax or charge for water by measurement is compounded for, or if, under section 137, the conservancy tax for any building or land [or premises] is fixed at a special rate, the particulars and amount of such charges, composition or rate;\n(g) such other details, if any, as the Commissioner from time to time thinks fit to direct.", "footnote": "", "is_definition": false, "sort_order": 560 }, { "number": "10", "title": "10. The assessment-book to be made separately for each ward and in parts, if necessary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 561 }, { "number": "11", "title": "11. Treatment of property which is let to two or more persons in separate occupancies.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 562 }, { "number": "12", "title": "12. Procedure where name of person primarily liable for property-taxes cannot be ascertained.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 563 }, { "number": "13", "title": "13. Public notice to be given when valuation of property in any ward has been completed.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 564 }, { "number": "14", "title": "14. Assessment book to be open to inspection.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 565 }, { "number": "15", "title": "15. Time for filing complaints against valuations to be publicly announced.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 566 }, { "number": "16", "title": "16. Time and manner of filing complaints against valuation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 567 }, { "number": "17", "title": "17. Notice to complainants of day fixed for investigating their complaints.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 568 }, { "number": "18", "title": "18. Hearing of complaint.", "chapter": null, "content": "[19. Entries in assessment-book to be conclusive evidence.", "footnote": "", "is_definition": false, "sort_order": 569 }, { "number": "20", "title": "20. Assessment-book may be amended by the Commissioner during the official year.", "chapter": null, "content": "(a) by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted;\n(b) by striking out the name of any person not liable to the property tax;\n(c) by increasing or reducing the amount of any rateable value and of the assessment based thereupon;\n(d) by altering the assessment on any land or building [or premises] which has been erroneously valued or assessed through fraud, accident or mistake;\n(e) by inserting or altering an entry in respect of any building erected, re-erected ,altered, added to or reconstructed in whole or in part after the preparation of the assessment-book;\n(f) by making or cancelling any entry exempting any premises from liability to any property tax.", "footnote": "", "is_definition": false, "sort_order": 570 }, { "number": "21", "title": "21. New assessment-book need not be prepared every official year.", "chapter": null, "content": "[21A. Assessment etc., of tax in the event of failure to give notice under rule 5.", "footnote": "", "is_definition": false, "sort_order": 571 }, { "number": "21B", "title": "21B. Circumstances in which assessment book may be prepared, completed etc., after the expiry of year to which it relates.", "chapter": null, "content": "Special Provisions Regarding Tax on Vehicles, Boats and Animals\nSpecial Provisions Regarding Tax on Vehicles, Boats and Animals", "footnote": "", "is_definition": false, "sort_order": 572 }, { "number": "22", "title": "22. Person responsible for the payment of the Tax on vehicles, boats and animals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 573 }, { "number": "23", "title": "23. Vehicle, boat and animal tax book to be kept.", "chapter": null, "content": "(a) a list of the persons to pay any tax under rule 22;\n(b) a specifications of the vehicles, boats and animals in respect of which the said persons are, respectively, liable to the said tax;\n(c) the amount of tax payable by each such person and the period for which it is payable;\n(d) the particulars of even composition made under section 144.", "footnote": "", "is_definition": false, "sort_order": 574 }, { "number": "24", "title": "24. Returns from owners of premises and persons liable to the tax.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 575 }, { "number": "25", "title": "25. Notice to be given to Commissioner by a person who becomes owner or possessed of a vehicle, boat or animal in respect of which liability arises, etc.", "chapter": null, "content": "Special Provisions Relating To [***] Tolls\nSpecial Provisions Relating To [***] Tolls", "footnote": "", "is_definition": false, "sort_order": 576 }, { "number": "27", "title": "27. Table of tolls to be affixed in a conspicuous position.", "chapter": null, "content": "Collection of Taxes\nCollection of Taxes", "footnote": "", "is_definition": false, "sort_order": 577 }, { "number": "30", "title": "30. Property-taxes, payable half-yearly in advance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 578 }, { "number": "31", "title": "31. Tax on vehicles' boats and animals payable in advance.", "chapter": null, "content": "(a) in the first two months of such half-year, the whole tax for such half-year,\n(b) in the third or fourth month of such half-year, two-thirds of the tax for such half-year;\n(c) in the last two months of such half-year, one-third of the tax for such half-Year, provided that no tax shall be leviable for such' half-year if such earliest day occurs within the last twenty days of such half-year.\n(a) in the first quarter of such year, the whole tax for such year,\n(b) in the second quarter of such year, two-thirds of the tax for such year,\n(c) in the third quarter of such year, one-half of the tax for such year,\n(d) in the last quarter of such year, one-third of the tax for such year.", "footnote": "", "is_definition": false, "sort_order": 579 }, { "number": "32", "title": "32. Display of tokens, badges or disc on vehicles liable to tax on vehicles, boats and animals.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 580 }, { "number": "34", "title": "34. Tolls payable on a demand.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 581 }, { "number": "35", "title": "35. Collection of [tolls] how to be effected.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 582 }, { "number": "36", "title": "36. Theatre tax payable in advance.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 583 }, { "number": "37", "title": "37. Payment of Theatre Tax for series of performances in lump.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 584 }, { "number": "38", "title": "38. Recovery of Theatre Tax in case of default.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 585 }, { "number": "39", "title": "39. Presentation of bills for certain taxes.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 586 }, { "number": "40", "title": "40. When one bill may be presented for several claims.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 587 }, { "number": "41", "title": "41. Notice of demand.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 588 }, { "number": "42", "title": "42. Distress or attachment.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 589 }, { "number": "43", "title": "43. Property of defaulter may be distrained or attached wherever found.", "chapter": null, "content": "(a) the Registrar, Court of Small Causes, [Ahmedabad] , if such property, vehicle, boat or animal is situate in the City of [Ahmedabad] ;\n(b) the Commissioner, if such property, vehicle, boat or animal is situate in a City;\n(c) the Chief Officer or the Vice-President, if such property, vehicle, boat or animal is situate in a municipal borough or municipal district, respectively;\n(d) the Executive Officer of the Cantonment if such property, vehicle, boat or animal is situate in a cantonment;\n(e) an officer of Government not lower in rank, than a Mahalkari if such property, vehicle, boat or animal is situate elsewhere.", "footnote": "", "is_definition": false, "sort_order": 590 }, { "number": "44", "title": "44. Warrant how to be executed in case of moveable property.", "chapter": null, "content": "(a) the necessary wearing apparel and bedding of the defaulter, his wife and children;\n(b) the tools of artisans;\n(c) if the defaulter is an agriculturist, his implements of husbandry, seed-grain and such cattle as may be necessary to enable the defaulter to earn his livelihood.", "footnote": "", "is_definition": false, "sort_order": 591 }, { "number": "45", "title": "45. Warrant how to be executed in case of immovable property.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 592 }, { "number": "46", "title": "46. Inventory and notice of distress and sale.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 593 }, { "number": "47", "title": "47. Sale.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 594 }, { "number": "48", "title": "48. Sale outside City.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 595 }, { "number": "49", "title": "49. Special provisions in regard to non-payment of [***] toll.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 596 }, { "number": "50", "title": "50. Fees for warrants issued, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 597 }, { "number": "51", "title": "51. Fees for cost of recovery may be remitted.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 598 }, { "number": "52", "title": "52. Attachment of rent due.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 599 }, { "number": "53", "title": "53. Summary proceedings may be taken against persons about to leave the City.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 600 }, { "number": "54", "title": "54. Defaulters may be sued for arrears, if necessary.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 601 }, { "number": "55", "title": "55. Special provisions for service of bills for taxes.", "chapter": null, "content": "Refunds", "footnote": "", "is_definition": false, "sort_order": 602 }, { "number": "56", "title": "56. Refund of property taxes on account of vacancies.", "chapter": null, "content": "(a) premises shall be deemed to be vacant only if they were unoccupied and unproductive of rent;\n(b) premises shall be deemed to be productive of rent if let to a tenant having a continuing right of occupation thereof, whether they are actually occupied by such tenant or not;\n(c) premises furnished or reserved by the owner for his own occupation whenever required shall be deemed to be occupied, whether they are actually occupied by the owner or not;\n(d) premises used or intended to be used for the purpose of any industry which is seasonal in character shall not be deemed to be vacant merely on account of their being unoccupied and unproductive of rent during such period or periods of the year in which seasonal operations are normally suspended;\n(e) a vacancy which has continued during the whole of the month of February shall be deemed to have continued for not less than thirty consecutive days.", "footnote": "", "is_definition": false, "sort_order": 603 }, { "number": "57", "title": "57. Refund not claimable unless notice of vacancy is given to Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 604 }, { "number": "58", "title": "58. Refund of water-tax inadmissible unless application for stopping water supply has been made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 605 }, { "number": "59", "title": "59. Applications for refund when and how to be made.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 606 }, { "number": "60", "title": "60. Refund of tax on vehicles, boats and animals when and to what extent obtainable.", "chapter": null, "content": "(a) not less than one hundred and seventy days, the full amount of tax paid,\n(b) not less than one hundred and fifty days, three-fourths of the tax paid,\n(c) not less than one hundred and twenty days, two-thirds of the tax paid,\n(d) not less than ninety days, one-half of the tax paid.\n(e) not less than sixty days, one-third of the tax paid.", "footnote": "", "is_definition": false, "sort_order": 607 }, { "number": "61", "title": "61. Refund not claimable unless notice is given to Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 608 }, { "number": "62", "title": "62. Refund of [***] toll on export.", "chapter": null, "content": "(a) an application for refund shall be made within one week of the date of exportation;\n(b) the amount due for refund shall not be less than five rupees;\n(c) in the case of goods which have broken bulk, prior intimation has been given to the officer specified in this behalf in the standing orders and the place or places of storage have been reported to him from time to time.", "footnote": "", "is_definition": false, "sort_order": 609 }, { "number": "63", "title": "63. Refunds of Theatre Tax.", "chapter": null, "content": "(a) that such performance did not actually take place and that the amount, if any, collected from intending spectators has been refunded in full; or\n(b) that the whole of the net proceeds of such performance are devoted to a public charitable purpose and that the whole of the expenses of such performance do not exceed twenty percent of the gross receipts.\nChapter IX\nDrainage and Drainage Works", "footnote": "", "is_definition": false, "sort_order": 610 }, { "number": "1", "title": "1. Buildings etc., not to be erected without permission over municipal drains.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 611 }, { "number": "2", "title": "2. Buildings etc., not to be erected without permission over any drains.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 612 }, { "number": "3", "title": "3. Drains not to pass beneath buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 613 }, { "number": "4", "title": "4. Provision of troughs and pipes receive water from roofs of buildings.", "chapter": null, "content": "Drains of Private Streets and Drainage of Premises\nDrains of Private Streets and Drainage of Premises", "footnote": "", "is_definition": false, "sort_order": 614 }, { "number": "5", "title": "5. Power to connect drains of private street with municipal drains.", "chapter": null, "content": "(b) the drain of such private street shall, at the expense of the owner of the street be constructed of such size, material and description, and be branched into the municipal drain in such manner and form of communication in all respects as the Commissioner shall direct;\n(c) the Commissioner may, if he thinks fit, construct such part of such drain and such part of the work necessary for branching the same into the municipal drain as shall be in or under any public street or place vesting in the Corporation and, in such case, the expenses incurred by the Commissioner shall be paid by the owner of the private street.", "footnote": "", "is_definition": false, "sort_order": 615 }, { "number": "6", "title": "6. Drainage of courts, yards and compounds appurtenant to, or giving access to buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 616 }, { "number": "7", "title": "7. Special provisions relating to trade effluent.", "chapter": null, "content": "(a) the nature or composition of the trade effluent;\n(b) the maximum quantity of the trade effluent which it is proposed to discharge in any one day; and\n(c) the highest rate at which it is proposed to discharge the trade effluent, and no trade effluent shall be discharged in accordance with such a notice until the expiration of a period of two months or such less time as may be agreed to by the Commissioner, from the day on which the notice is served on the Commissioner hereinafter referred to as \"the initial period\".\n(a) the drain or drains into which any trade effluent may be discharged in pursuance of the trade effluent notice;\n(b) the nature or composition of the trade effluent which may be so discharged;\n(c) the maximum quantity of any trade effluent which may be so discharged on any one day, either generally or into a particular drain;\n(d) the highest rate at which any trade effluent may be discharged in pursuance of the trade effluent notice, either generally or into a particular drain; and\n(e) any other matter with respect to which bye-laws may be made under this Act;", "footnote": "", "is_definition": false, "sort_order": 617 }, { "number": "8", "title": "8. Position of cesspools.", "chapter": null, "content": "(a) beneath any part of any building, or within twenty feet [of] any lake, tank, reservoir stream, spring or well, or\n(b) upon any site in any position which has not been approved in writing by the Commissioner.", "footnote": "", "is_definition": false, "sort_order": 618 }, { "number": "9", "title": "9. All drains and cesspools to be properly covered and Ventilated.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 619 }, { "number": "10", "title": "10. Excrementitious matter not to be passed into cesspool.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 620 }, { "number": "11", "title": "11. Power to Commissioner to require adequate water-closet and other accommodation to be made.", "chapter": null, "content": "(a) to provide such, or such additional, water-closet, privy, urinal or bathing or washing place accommodation as he prescribes;\n(b) to make such structural or other alterations in the existing water-closet privy, urinal or bathing or washing place accommodation as he prescribes or;\n(c) to substitute water-closet accommodation for any privy accommodation.", "footnote": "", "is_definition": false, "sort_order": 621 }, { "number": "12", "title": "12. Power to require privy accommodation to be provided for factories, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 622 }, { "number": "13", "title": "13. Power of Commissioner as to unhealthy privies.", "chapter": null, "content": "(a) to so close up such privy as to prevent any person using the same, and so provide in lieu thereof such water-closet or privy accommodation or such in urinal accommodation as the Commissioner may prescribe; or\n(b) to provide between the said privy and any portion of the said building such air-space, open to the sky and situate entirely within the limits of the said premises, as the Commissioner may prescribe.", "footnote": "", "is_definition": false, "sort_order": 623 }, { "number": "14", "title": "14. Provisions as to privies.", "chapter": null, "content": "(a) have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air space of at least three feet in width and open to the sky;\n(b) have such privy shut off by a sufficient roof and wall, or fence, from the view of persons dwelling in the neighbourhood or passing by;\n(c) unless and except for such period as he shall be permitted by the Commissioner as hereinafter provided to continue any existing door or trap-door, close up and not keep any door or trap-door in such privy opening onto a street;\n(i) there is space available on the premises of the owner or occupier for the erection of a new privy conformably to the said clause; and\n(ii) the existing privy can be removed and a new one erected as aforesaid without destroying any portion of a permanent building other than existing privy;", "footnote": "", "is_definition": false, "sort_order": 624 }, { "number": "15", "title": "15. Provisions as to water-closets.", "chapter": null, "content": "(a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;\n(b) have such water-closet in such a position that one of its sides at the least shall be as external wall;\n(c) have the seat of such water-closet placed against an external wall;\n(d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet opening directly into the external air, or by an air-shaft or by some other suitable method or appliance;\n(e) have such water-closet supplied by a supply-cistern and flushing apparatus and fitted with a soil-pan or receiver and such other appliances of such material, size and description as the Commissioner shall deem necessary:\n(f) have flushing cisterns of such materials, size and description supplied with a constant and sufficient supply of water for flushing and cleaning the water-closet as the Commissioner may deem necessary.", "footnote": "", "is_definition": false, "sort_order": 625 }, { "number": "16", "title": "16. Position of privies and water-closets.", "chapter": null, "content": "(a) to be directly over or directly under any room or part of a building other than a privy or water-closet or a bathing place, bath-room or gallery, passage or terrace;\n(b) be within a distance of twenty feet from any well or from any spring, tank or stream the water whereof is, or is likely to be, used (whether in a natural or manufactured state) for human consumption or domestic purpose or otherwise render the water of any well, spring, tank or stream liable to pollution.", "footnote": "", "is_definition": false, "sort_order": 626 }, { "number": "17", "title": "17. Control over water-closets, etc., in, or accessible from streets.", "chapter": null, "content": "(a) the owner of a water-closet, privy or urinal, which has been erected in contravention of sub-rule (1) or the removal of which the Commissioner is entitled to require, to remove it;\n(b) the owner of a water-closet, privy or urinal, which opens on a street and is so placed or constituted as to be a nuisance or offensive to public decency to remove or permanently close it.", "footnote": "", "is_definition": false, "sort_order": 627 }, { "number": "18", "title": "18. Use of places for bathing or washing clothes or domestic utensils.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 628 }, { "number": "19", "title": "19. Work to be done by licensed plumber; permission to use as drain.", "chapter": null, "content": "(a) such inspection shall be made within seven days from the date of receipt of the notice of completion, and\n(b) the Commissioner may, within seven days after inspection by written intimation addressed to the person from whom the notice of completion was received and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the premises in which such work has been executed-\n(i) give permission for the filling in or covering over of such work; or\n(ii) require that, before such work is filled in or covered over, it shall be amended to the satisfaction of the Commissioner in any particular respect of which it is not in accord with a requisition previously made by the Commissioner or contravenes some provision of this Act or of the rules or bye-laws.\n(a) the permission referred to in proviso (b) to sub-rule (3) has been received or\n(b) the Commissioner has failed for fourteen days after receipt of the notice of completion to intimate as aforesaid his refusal of permission or the filling in or covering over of such work.\nManner of Erecting Shafts or Affixing Pipes for Ventilation of Drains or Cesspools", "footnote": "", "is_definition": false, "sort_order": 629 }, { "number": "20", "title": "20. Erection of shafts, etc. for ventilation of drains or cesspools.", "chapter": null, "content": "(a) be carried at least fifteen feet higher than any sky-light or window situated within a distance of forty feet therefrom;\n(b) if the same be affixed to a wall supporting the eave of a roof, be carried at least five feet higher than such eave;\n(c) be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbourhood;\n(d) be removed by the Commissioner to some other place, if at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out, or cannot without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.\nChapter X\nWater Supply", "footnote": "", "is_definition": false, "sort_order": 630 }, { "number": "1", "title": "1. Definitions.", "chapter": null, "content": "(a) \"communication pipe\" means a pipe extending from a municipal main upto and including the municipal stop-cock;\n(b) \"consumer\" means any person who uses or is supplied with water from a municipal water work or on whose application such water is supplied and includes any person liable to the Corporation under the provisions of this Act for the payment of water tax or any sum for the water supplied from a municipal water-work;\n(c) \"consumer's pipe\" means a pipe used in connection with the supply of water from any municipal water work and which is not the property of the Corporation;\n(d) \"distributing pipe\" means any pipe not subject to water pressure from a municipal water main;\n(e) \"fitting\" includes a pipe, coupling, flange, branch, bend, stop, ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler, pump, meter, hydrant and any other apparatus or article used for the purpose of conveying or storing water supplied by the Corporation;\n(f) \"municipal stop cock\" means the stop cock which controls the supply of water from a municipal water main;\n(g) \"supply pipe\" means the pipe extending from a municipal stop cock upto the ball cock of the storage tank, if any, and any pipe subject to pressure from a municipal water main.\nPrivate Water-Supply", "footnote": "", "is_definition": true, "sort_order": 631 }, { "number": "2", "title": "2. Conditions on which private water supply may be provided.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 632 }, { "number": "3", "title": "3. Making and renewing connection with municipal water works.", "chapter": null, "content": "(a) except by a municipal officer or servant empowered in that behalf by the Commissioner; and\n(b) until the certificate specified in sub-rule (4) has been given.", "footnote": "", "is_definition": false, "sort_order": 633 }, { "number": "4", "title": "4. Commissioner may take charge of private connections.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 634 }, { "number": "5", "title": "5. Power of Commissioner to alter position of connections.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 635 }, { "number": "6", "title": "6. Provisions as to cisterns and other fittings, etc. to be used for connections with water-work.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 636 }, { "number": "7", "title": "7. Provisions for keeping cisterns locked.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 637 }, { "number": "8", "title": "8. Communication pipes to be kept in efficient repair by owner or occupier of premises.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 638 }, { "number": "9", "title": "9. Provision of meters when water is supplied by measurement.", "chapter": null, "content": "(b) Upon receipt of such application and fee the Commissioner shall forthwith issue a notice to the consumer prescribing the time and place for testing such meter and shall cause such meter to be tested at such time and place.\n(c) If upon such test such meter is found to be incorrect by more than two per cent, the fee paid by the consumer shall be repaid to him and the Commissioner shall cause steps to be taken forthwith for the repair or replacement of the meter.", "footnote": "", "is_definition": false, "sort_order": 639 }, { "number": "10", "title": "10. Register of meter to be evidence.", "chapter": null, "content": "Inspection", "footnote": "", "is_definition": false, "sort_order": 640 }, { "number": "11", "title": "11. Commissioner, etc., may inspect premises in order to examine meter, communication pipes, etc.", "chapter": null, "content": "(a) to remove, test, examine and replace any meter for measuring water,\n(b) to examine any supply or distributing pipe, cistern, lock or fitting; or\n(c) to see if there be any waste or misuse of water.\nCutting off Private Water Supply", "footnote": "", "is_definition": false, "sort_order": 641 }, { "number": "12", "title": "12. Power to cut off private water supply or to turn off water.", "chapter": null, "content": "(a) in default of payment of any instalment of water-tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of the provisions of rule 3, 9 or 17 within one month after a notice of demand for such tax or sum has been duly served;\n(b) if the owner of the premises neglects within the period prescribed in this behalf in any notice given under sub-rule (1), (2) or (3) of rule 6 or under rule 7, to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting, lock or key or any means of access to such cistern or the removal of any cistern;\n(c) if the owner or occupier of the premises fails within the period prescribed in this behalf in any notice given under sub-rule (2) of rule 11, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-rule (5) of rule 6;\n(d) if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues:-\n(i) to use the water, or to permit the same to be used, in contravention of any bye-law or of any condition prescribed under sub-section (2) of section 134 or under any other provision of this Act;\n(ii) when payment for the water is made not by measurement to permit any person not residing on premises in respect of which water-tax is paid or payment for the water supplied is made according to the size of the connection to carry away for such owner's or occupier's premises water derived from the municipal water-work;\n(e) if the owner or occupier of the premises wilfully or negligently injuries or damages any meter, pipe, cistern or fitting or lock thereof in such premises.\n(f) if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-rule (2) of rule 18 to furnish the name of the licensed plumber;\n(g) if the premises are declared to be unfit for human habitation under the provisions of this Act;\n(h) if excessive of waste water is taking place within any premises on account of damage to water-mains caused by accident or otherwise;\n(i) if any communication pipes or fittings have been laid, applied, added to or altered in contravention of the provisions of rule 6;\n(i) in any case under clause (a) the Commissioner shall not take action unless not less than one month previously a copy of the notice of demand in respect of the tax or sum has been affixed to a conspicuous part of the premises;\n(ii) in any case falling under clause (b), the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-rule (1), (2) or (3) or rule 6, or under rule 7, as the case may be, has been affixed, to a conspicuous part of the premises;\n(iii) in other cases the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises.", "footnote": "", "is_definition": false, "sort_order": 642 }, { "number": "13", "title": "13. Prohibition of fraud in respect of meters.", "chapter": null, "content": "(a) alter the index to any meter or prevent any meter from duly registering the quantity of water supplied;\n(b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same.\nGeneral Provisions", "footnote": "", "is_definition": false, "sort_order": 643 }, { "number": "14", "title": "14. Prohibition of wilful or neglectful acts relating to water works.", "chapter": null, "content": "(a) injure or suffer to be injured any meter belonging to the Corporation or any of the fittings of any such meter;\n(b) break, injure or open any lock, seal, cock, valve, pipe work, engine, cistern or fitting appertaining to any municipal water-work;\n(c) flush or draw off the water from any such water-work, thereby causing such water to be wasted;\n(d) do any act or suffer any act to be done, whereby the water in, or derived from, any municipal water-work shall be wasted;\n(e) obstruct, divert or in any way injure or alter any water-main or duct;\n(f) except with the permission of the Commissioner, open, break, injure or tamper with any lock furnished under the provisions of this Act;\n(g) foul or pollute or otherwise render unfit for human consumption the water contained in any municipal water work.", "footnote": "", "is_definition": false, "sort_order": 644 }, { "number": "13", "title": "15. Compensation to be payable by offenders against rule 13 or 14.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 645 }, { "number": "16", "title": "16. What persons to be liable for offences under certain provisions of this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 646 }, { "number": "17", "title": "17. Commissioner may execute work under this Chapter without allowing option to persons concerned of executing the same.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 647 }, { "number": "18", "title": "18. Work under this Chapter to be done by licensed plumber.", "chapter": null, "content": "Chapter XI\nStreets\nI. Sky-Signs", "footnote": "", "is_definition": false, "sort_order": 648 }, { "number": "1", "title": "1. Interpretation of sky-sign.", "chapter": null, "content": "(a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction;\n(b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or the ridge of a rood:\n(c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to the business of a railway administration, and placed wholly upon or over any railway, railway station, yard, platform or station approach belonging to a railway administration and so placed that it cannot fall into any street or public place;\n(d) any notice of land or buildings to be sold, or let, placed upon such land or buildings.\nII. Naming or Numbering of Streets and Numbering of [premises]", "footnote": "", "is_definition": true, "sort_order": 649 }, { "number": "2", "title": "2. Naming or numbering of streets, and numbering of [Premises] .", "chapter": null, "content": "(a) with the sanction of the Corporation, determine the name or number by which any street for any public place vested in the Corporation shall be known;\n(b) cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to such street and at intervals along such street or on some convenient part of such street, the name or number of such street as so determined;\n(c) cause to be put up or painted suitable signs or boards indicating the name of any public place vested in the Corporation;\n(d) determine the number or sub-number by which any premises or part of such premises shall be known;\n[(e) by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof on such position and manner as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the Commissioner;]\nExplanation.\n(b) No person shall without the written permission of the Commissioner put up or affix any notice or board or advertisement within twelve inches of any name or number of a street or of a number or of a sub-number of any premises or part thereof, and the Commissioner may cause any such notice, board or advertisement which is affixed or put up without his permission to be removed and the expenses thereof shall be payable by such person.\n[(c) If any person contravenes the provisions of paragraph (a) or (b), he shall, on conviction, be punished with fine which may extend to twenty rupees] .\n(3) Information which may be called for from persons giving notice under section 217.\nIII. Provisions Concerning Private Streets", "footnote": "", "is_definition": false, "sort_order": 650 }, { "number": "217", "title": "3. Information which may be called for from persons giving notice under section 217.", "chapter": null, "content": "(i) correct plans and sections in duplicate of the proposed private street, which shall be drawn to a horizontal scale of not less than one and a half-inches to ten feet and shall show thereon the level of the present surface of the ground above some known fixed datum near the same, the level and rate of inclination of the intended new street, the level and inclination of the streets with which it is intended to be connected, and the proportion of the width which are proposed to be laid out as carriage-way and foot-way respectively;\n(ii) a specification with detailed description of the materials to be employed in the construction of the said street and its footpaths;\n(iii) a plan showing the intended lines of drainage of such street and of the buildings proposed to be erected and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains; ,\n(iv) a plan showing each building plot with its dimensions and area and showing open spaces with their dimensions;\n(v) a scheme accompanied by plans and sections for the laying out into streets, plots and open spaces of the other land of such persons or of so much of such other land as the Commissioner shall consider necessary.\nChapter XII\nBuildings Regulations And Building Loans", "footnote": "", "is_definition": false, "sort_order": 651 }, { "number": "1", "title": "1. Additional information and the attendance of the person who gave the notice may be required.", "chapter": null, "content": "Forms of Notices\nForms of Notices", "footnote": "", "is_definition": false, "sort_order": 652 }, { "number": "2", "title": "2. Printed forms of notices to be supplied to the public.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 653 }, { "number": "3", "title": "3. When building or work may be proceeded with.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 654 }, { "number": "4", "title": "4. Building or work which is disapproved by the Commissioner may be proceeded with subject to terms or shall not be proceeded with.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 655 }, { "number": "5", "title": "5. Power to the Commissioner to withhold disposal of plans in certain circumstances.", "chapter": null, "content": "(a) prescribing a regular line of a public street;\n(b) prescribing a fresh line in substitution of the existing regular line of a public street;\n(c) extending or altering a public street;\n(d) any scheme for widening or modifying a private street.", "footnote": "", "is_definition": false, "sort_order": 656 }, { "number": "6", "title": "6. When work may be commenced.", "chapter": null, "content": "(a) until he has given notice of his intention, as hereinbefore required, to erect such a building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in rule 3 or 4:\n(b) until he has given notice to the City Engineer of the proposed date of commencement:\n(c) until he has made such sanitary arrangements as the Commissioner may require for the workmen employed on the work;\n(d) after the expiry of the period of one year prescribed in rules 3 and 4 respectively for proceeding with the same or after the expiry of the period of one year from the date of the suspension or stoppage of such work when it is once commenced.\nProvisions as to Structure, Materials, Etc.\nProvisions as to Structure, Materials, Etc.", "footnote": "", "is_definition": false, "sort_order": 657 }, { "number": "7", "title": "7. Provisions as to buildings which are to be newly erected.", "chapter": null, "content": "(a) the erection of any such building on either side of a new street may be disapproved by the Commissioner, unless and until such new street has been levelled, metalled or paved, sewered and drained to the satisfaction of the Commissioner;\n(b) the erection of any such building in any part of the City in which the position and the direction of the streets likely to be required in future have not yet been laid down or determined or in which it is deemed expedient to lay out a public street under section 205, shall, with the assent of the Standing Committee, be disapproved by the Commissioner, unless the site proposed for such building is, in the opinion of the Commissioner, such as, with reference to the positions occupied by the building, if any, already existing in the neighbourhood, will admit of the construction in the future of one or more new streets convenient for the occupiers of all the building in the neighbourhood and for the purposes of drainages, water-supply and ventilation:\n(c) the erection of any such building in any part of the City may be disapproved by the Commissioner if such building or any portion thereof comes within the line of any street the position and direction of which has been laid down by the Commissioner, with the approval of the Standing Committee, but which has not been actually constructed, or within the regular line up of a new public street or of the extension of an existing public street which the Commissioner has been authorised to lay out under section 205;\n(d) the foundation of any such building shall not be constructed on any site which has been filled up with or has been used as a place for depositing excrementitious matter or the carcasses of dead animals or other filthy or offensive matter until such master shall have been properly removed or rendered innocuous to the satisfaction of the Commissioner;\n(e) the sub-soil of the site of a building shall, whenever the dampness or position of the site renders the precaution necessary, be effectually drained and the Commissioner may require such measures to be taken as well effectually protect the building from damp arising from the sub-soil.", "footnote": "", "is_definition": false, "sort_order": 658 }, { "number": "8", "title": "8. Provisions of sufficient means of egress.", "chapter": null, "content": "Inspection and Occupation of Buildings After Completion\nInspection and Occupation of Buildings After Completion", "footnote": "", "is_definition": false, "sort_order": 659 }, { "number": "9", "title": "9. Inspection and occupation of buildings after completion.", "chapter": null, "content": "(a) inspection shall be commenced within seven days from the date of receipt of the notice of completion, and\n(b) the Commissioner may, within seven days from the date of commencement of such inspection, by written intimation addressed to the person from whom the notice of completion was received, and delivered at his address as stated in such notice, or in the absence of such address, affixed to a conspicuous part of the building to which such notice relates:-\n(i) give permission for the occupation of such building or for the use of the building or part thereof affected by such work, or\n(ii) refuse such permission in case such building has been erected or such work executed so as to contravene any provisions of this Act or of the rules or bye-laws, or\n(iii) refuse such permission until a private street.or other means of access to such building fixed and determined under section 220 has been properly constructed and approved by the Commissioner;\n(iv) refuse such permission unless the site of the building, or adjacent sites, as the case may be, are properly cleansed by the removal of all surplus building materials, debris, earth, rubbish and the tools used for building purposes.", "footnote": "", "is_definition": false, "sort_order": 660 }, { "number": "10", "title": "10. Building not to be converted to other purposes without permission of Commissioner.", "chapter": null, "content": "(a) use or permit to be used for human habitation any part of building not originally constructed or authorised to be used for that purpose;\n(b) convert into, or use, or permit to be used, as a chawl or building intended to form a range of separate rooms for lodgers, a building not originally designed or authorised to be so used;\n(c) use or permit to be used any building or part of a building originally constructed or authorised to be used for human habitation as a godown, warehouse, workshop, factory, stable, motor-garage, shop, stall, market or bazaar;\n(d) make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purposes of using it or causing it to be used as a godown, warehouse, workshop, workplace,-factory, stable, motor-garage, shop, stall, market or bazaar;\n(e) use or permit to be used as a godown, warehouse, workshop, workplace, factory, stable, motor-garage, shop, stall, market or bazaar any building or part of a building not originally constructed or authorised to be used for any such purpose respectively.", "footnote": "", "is_definition": false, "sort_order": 661 }, { "number": "11", "title": "11. Alteration in buildings causing infringement of any rule or by.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 662 }, { "number": "12", "title": "12. Roofs and external walls of buildings not to be of inflammable materials.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 663 }, { "number": "13", "title": "13. Staircases, etc., to be lighted at night.", "chapter": null, "content": "(a) to provide, fit up and maintain such or such additional means of lighting the staircase, passage or private court or the spaces near or leading to latrines or urinals or washing places as he may prescribe and keep them lighted until such time as he may specify in the notice;\n(b) to provide the necessary lamps, brackets and the necessary supply of gas, electricity or any other means of lighting and all means of extinguishing any lights which he is required to provide;\n(c) to substitute for any existing means of lighting and extinguishing lights such other means of lighting or extinguishing lights, as he may prescribe.\n[13A. Power of Commissioner to make certain provisions in building referred to in rule 13.", "footnote": "", "is_definition": false, "sort_order": 664 }, { "number": "14", "title": "14. Inspection of buildings by day or by night.", "chapter": null, "content": "Building Loans\nBuilding Loans", "footnote": "", "is_definition": false, "sort_order": 665 }, { "number": "15", "title": "15. Power of Commissioner to make advances for the purposes of increasing housing accommodation.", "chapter": null, "content": "(a) constructing or altering or undertaking to construct or alter building intended for the poorer sections of the community;\n(b) carrying out or undertaking to carry out repairs to such building in cases where the Commissioner considers that, having regard to the cost of those repairs or the financial position of the applicant, it is reasonable to give such assistance.\n(a) that the building in respect of which the loan is to be advanced will when the construction, alteration or repair has been completed be in all respects fit for human habitation and shall be used wholly or mainly for residential purposes;\n(b) that the period within which the loan shall be repayable shall not exceed thirty years from the date of the completion of the construction, alteration or repair of the building;\n(c) that the amount of the loan shall not exceed sixty per cent of the cost of the construction, alteration or repair of the building (including out-houses and other works, if any, connected therewith) irrespective of the period of repayment;\n(d) that the aggregate amount of the loan shall not exceed ten thousand rupees in the case of any one person or body of persons;\n(e) that the amount of the loan with interest thereon shall be secured by a mortgage of the building (including outhouses and other works, if any, connected therewith) together with the site on which they are erected in favour of the Corporation containing such covenants and conditions as may be prescribed;\n(f) that, where the property intended to be mortgaged includes a leasehold interest, no loan shall be made unless that interest, is a term of years absolute whereof a period of not less than ten years in excess of the period for repayment of the loan remains unexpired at the date of the loan.\n[Assistance To Housing Associations.\n[Assistance To Housing Associations.", "footnote": "", "is_definition": false, "sort_order": 666 }, { "number": "15A", "title": "15A. Power to Commissioner to promote and assist housing association.", "chapter": null, "content": "Chapter XIII\nPowers of Fire-Brigade Officers\nPowers of Fire Brigade Officers at a Fire.\n(a) remove or order any fireman or other officer or person under his command to remove any person who interferes by their presence with the operations of the fire-brigade;\n(b) take generally any measure that appears expedient for the protection of life and property with power, by himself or by the persons under his command, to break into or through or take possession of, or pull down any premises for the purpose of putting an end to or limiting the spread of such fire, doing as little damage as possible;\n(c) cause the water to be shut off from the mains and pipes of any area in order to give a greater supply and pressure of water in the area in which the fire has occurred and utilize the water of any stream, tank, cistern, well or tank available for the purpose of extinguishing or limiting the spread of such fire;\n(d) close any street or passage in or near the site of the fire;\n(e) give orders for the rendering of such assistance as he may deem advisable by the person in charge of any fire engine;\n(f) use any premises for the passage of any house or other appliance;\n(g) take generally any measures that may appear necessary or expedient for the protection of life or property.\nChapter XIV\nSanitary Provisions\nScavenging and Cleansing", "footnote": "", "is_definition": false, "sort_order": 667 }, { "number": "1", "title": "1. Duty of owners and Occupiers to collect and Deposit dust, Etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 668 }, { "number": "2", "title": "2. Collection and removal of excrementitious and polluted matter when to be provided for by occupiers.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 669 }, { "number": "3", "title": "3. Prohibition of failure to remove refuse, etc., when bound to do so.", "chapter": null, "content": "(a) who is bound under rule 1 or rule 2 to cause the removal of dust, ashes, refuse, rubbish and trade refuse or of excrementitious or polluted matter, shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle or neglect to cause the same to be removed to the depot, receptacle or place provided or appointed for the purpose;\n(b) shall remove any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, otherwise than in conformity with the requirements of any public or written notice for the time being in force under rule 1 or use for the removal of any excrementitious or polluted matter any vehicle or vessel not having a covering proper for preventing the escape of any portion of the contents thereof or of the stench therefrom;\n(c) shall, whilst engaged in the removal of any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, fail forthwith thoroughly to sweep and clean the spot in any street upon which, during removal, any portion thereof may fall and entirely to remove the sweepings;\n(d) shall place or set down in any street any vehicle or vessel for the removal of excrementitious and polluted matter, or suffer the same to remain in any street for any greater length of time than is reasonably necessary;\n(e) shall throw or place any dust, ashes, refuse, rubbish, or trade refuse or any excrementitious or polluted matter, on any street, or in any place not provided or appointed for this purpose under section 292 or rule 1;\n(f) who is the owner or occupier of any building or land, shall allow any filthy matter to flow, soak or be thrown therefrom, or keep or suffer to be kept therein or thereupon/anything so as to be a nuisance to any person, or negligently suffer any privy-receptacle or other receptacle or place for the deposit of filthy matter or rubbish on his premises to be in such a state as to be offensive or injurious to health.", "footnote": "", "is_definition": false, "sort_order": 670 }, { "number": "3", "title": "4. Presumption as to offender under [clause (e)] of rule 3.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 671 }, { "number": "5", "title": "5. Removal of rubbish and filth accumulating in large quantities on premises.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 672 }, { "number": "6", "title": "6. Contract with owner or occupier for removal of rubbish or filth.", "chapter": null, "content": "[6A.\nInspection and Sanitary Regulation of Premises\nInspection and Sanitary Regulation of Premises", "footnote": "", "is_definition": false, "sort_order": 673 }, { "number": "7", "title": "7. Removal of building materials from any premises may be required.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 674 }, { "number": "8", "title": "8. Measures against rats, etc., may be required in respect of premises used for storage of goods.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 675 }, { "number": "9", "title": "9. Abandoned to unoccupied premises.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 676 }, { "number": "10", "title": "10. Neglected premises or private streets.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 677 }, { "number": "11", "title": "11. Nuisance arising from defective roof or from dampness rising through ground floor surface or through walls.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 678 }, { "number": "12", "title": "12. Power of Commissioner to call for statement of accommodation.", "chapter": null, "content": "(a) the total number of rooms in the building;\n(b) the length, breadth and height of each room; and\n(c) the name of the person to whom he has let the or each part of the building occupied as a separate tenement.\n(a) the total number of persons dwelling in the building or any part of it,\n(b) the manner of use of each room by day and by night, and\n(c) the number, sex and age of the occupants of each room used for sleeping.", "footnote": "", "is_definition": false, "sort_order": 679 }, { "number": "13", "title": "13. Nuisance caused by smoke of kitchens in dwelling houses.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 680 }, { "number": "14", "title": "14. Abatement of nuisance from dust, smoke, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 681 }, { "number": "15", "title": "15. Filling in of pools, etc. which are a nuisance.", "chapter": null, "content": "(a) any pool, swamp, ditch, tank, well, pond, quarry-hole, drain, water-course or any collection of water;\n(b) any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season, whether within or outside a building;\n(c) any land on which water accumulates or is likely to accumulate; or\n(d) any premises or any part or any premises occupied, or unoccupied, or under construction, reconstruction or demolition, which in the opinion of the Commissioner is or is likely to become, a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (40) of section 2.", "footnote": "", "is_definition": false, "sort_order": 682 }, { "number": "16", "title": "16. Permission for new well, etc.", "chapter": null, "content": "(a) by written notice require the owner or other person who has done such work to fill up or demolish such work in such manner as the Commissioner shall prescribed, or\n(b) grant written permission to retain such work, but such permission shall not exempt such owner from proceedings for contravening the provisions of sub-rule (1).", "footnote": "", "is_definition": false, "sort_order": 683 }, { "number": "17", "title": "17. Precautions in case of dangerous tanks, wells holes, etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 684 }, { "number": "18", "title": "18. Power to order cleansing of insanitary private water course, spring, tank, well, etc., used for drinking.", "chapter": null, "content": "(a) refrain from using or permitting the use of such water, or\n(b) close or fill up such place or enclose it with a substantial wall or fence.", "footnote": "", "is_definition": false, "sort_order": 685 }, { "number": "19", "title": "19. Duty of Commissioner in respect of public well or receptacle of stagnant water.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 686 }, { "number": "20", "title": "20. Dangerous quarrying may be stopped.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 687 }, { "number": "21", "title": "21. Removal and trimming of trees, shrubs and hedges.", "chapter": null, "content": "(a) any hedge is at any time insufficiently cut or trimmed, or overgrown with prickly-pear or other rank vegetation;\n(b) any tree or shrub has fallen or is likely to fall to the danger of public safety or overhangs or obstructs any street or street light to the inconvenience or danger of passengers therein,\n(c) any tree situated within any premises has fallen or if any such tree or any branch or fruit thereof is likely to fall and is in any way dangerous to any person occupying, resorting to or passing by such premises or to any structure or place in the neighbourhood thereof; or\n(d) any tree situated within any premises causes or is likely to cause inconvenience or nuisance to any person occupying such premises or any neighbouring premises, the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing:-\n(i) to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly-pear or other rank vegetation therefrom; or\n(ii) to remove, cut, lop or trim such tree or shrub or remove the fruit thereof, as the case may be.\nKeeping and Destruction of Animals\nKeeping and Destruction of Animals", "footnote": "", "is_definition": false, "sort_order": 688 }, { "number": "22", "title": "22. Prohibitions as to keeping animals.", "chapter": null, "content": "(a) without the-written permission of the Commissioner or otherwise than in conformity with the terms of such permission keep or allow to be kept in any part of the City any swine, horses, cattle goats, sheep, donkeys or such other four-footed animals as the Commissioner may, from time to time, by public notice direct;\n(b) feed any animal or suffer or permit any animal to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter;\n(c) keep any animal or bird on his premises so as to be a nuisance or so as to be dangerous.\n(a) specify in the written permission the limit of the number of animals to be kept on particular premises, or\n(b) refuse to give or renew permission if he shall be of opinion that the keeping of the animals on any premises is or is likely to be nuisance or danger to any person or objectionable on sanitary grounds.", "footnote": "", "is_definition": false, "sort_order": 689 }, { "number": "23", "title": "23. Tethering animals in excess of permitted number prohibited.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 690 }, { "number": "24", "title": "24. Stabling animals or storing grain in dwelling house may be prohibited.", "chapter": null, "content": "(a) for keeping any horse, cow, buffalo, goat, sheep or donkey, or\n(b) as a godown or place for the storage in connection with wholesale trade of grain, seed or groceries, the Commissioner may, if it shall appear to him necessary for sanitary reasons to do so, by written notice require the owner or occupier of such building to discontinue the use of such building for any such purpose:\nRegulation of Factories, Trades, Etc.\nRegulation of Factories, Trades, Etc.", "footnote": "", "is_definition": false, "sort_order": 691 }, { "number": "25", "title": "25. New factories.", "chapter": null, "content": "(a) grant the permission applied for either absolutely or subject to such conditions as he thinks fit to impose, provided the location of such factory, workshop, work-place or bakery is not contrary to any requirement of this Act or any rule, bye-law, regulation or standing order, or\n(b) refuse to give such permission if he shall be of opinion that the establishment of such factory, workshop, work-place or bakery in the proposed position is objectionable by reason of the density of the population in the neighbourhood thereof, or will be for any reason a nuisance to the inhabitations of the neighbourhood.", "footnote": "", "is_definition": false, "sort_order": 692 }, { "number": "26", "title": "26. Furnaces used in trade or manufacture to consume their own smoke.", "chapter": null, "content": "(a) use or permit to be used any furnace employed for the purpose of any trade or manufacture, which does not, so far as practicable, consume its own smoke; or\n(b) so negligently use or permit to be used any such furnace at that it shall not, as far as practicable, consume its own smoke.", "footnote": "", "is_definition": false, "sort_order": 693 }, { "number": "27", "title": "27. Sanitary regulation of factories etc.", "chapter": null, "content": "(a) that any factory, work-shop or work-place, or any building or place in which, steam, water, electrical or mechanical power is employed or any bakery is not kept in a cleanly state or is not ventilated in such a manner as to render harmless, as far as practicable, any gas, vapour, soot; dust or other impurity generated in the course of the work carried on therein, which is a nuisance or is so over-crowded while work is carried on as to be dangerous or injurious to the health of the person employed therein; or\n(b) that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may, by written notice, require the owner of such factory, work-shop, work-place or other building or place or bakery to take such order for putting and maintaining the same in a cleanly state, or for ventilating the same, or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein, as he shall think fit.", "footnote": "", "is_definition": false, "sort_order": 694 }, { "number": "28", "title": "28. Prohibition of use of steam-whistle or steam trumpet without permission of the Commissioner.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 695 }, { "number": "29", "title": "29. Commissioner may issue directions for abatement of nuisance caused by steam or other power.", "chapter": null, "content": "(a) prohibit the use of the particular kind of fuel; or\n(b) prohibit the working of the factory, work-shop or work-place altogether until such directions have been carried out or between the hours of 6 p.m. and 6 a. m. or during any particular time or times between such hours.\nProhibition of Corruption of Water by Chemicals, Etc.\nProhibition of Corruption of Water by Chemicals, Etc.", "footnote": "", "is_definition": false, "sort_order": 696 }, { "number": "30", "title": "30. Power of inspection.", "chapter": null, "content": "(b) If, upon such examination, it appears that section 314 has been contravened by reason of anything contained in or proceeding from the said works, pipes or conduits, the expenses of such laying open and examination, and of any measure which the Commissioner shall, in his discretion, require to be adopted for the discontinuance of the cause of such contravention, shall be paid by the owner of the said works, pipes or conduits or by the person who has the management or control thereof or through whose neglect or fault the said section has been contravened.\n(c) If it appears that there has been no contravention of the said section, the said expenses and compensation for any damage occasioned by the said laying open and examination shall be paid by the Commissioner.", "footnote": "", "is_definition": false, "sort_order": 697 }, { "number": "31", "title": "31. Power of Commissioner to require owner or occupier of factory, etc. to discontinue the use of such factory.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 698 }, { "number": "32", "title": "32. Regulation of washing of clothes by washermen and provision of washing places.", "chapter": null, "content": "Prevention of the Spread of Dangerous Diseases\nPrevention of the Spread of Dangerous Diseases", "footnote": "", "is_definition": false, "sort_order": 699 }, { "number": "33", "title": "33. Information to be given of the existence of dangerous disease.", "chapter": null, "content": "(a) every medical practitioner or person openly and usually practising the medical profession, who, in the course of such practice becomes cognizant of the fact, and\n(b) the occupier of the building in which the person so attacked may be residing, or, if the occupier is himself the person attacked, then every adult member of the household, and\n(c) every person in-charge of or in attendance on any person so attacked, shall, as soon as he becomes cognizant of the fact, forthwith report the same, or cause a report thereof to be made to the Medical Officer of Health:\n(2) Information to be given of animal suffering from a contagious or infectious disease.", "footnote": "", "is_definition": false, "sort_order": 700 }, { "number": "34", "title": "34. Prohibition of use for drinking of water likely to cause dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 701 }, { "number": "35", "title": "35. Power to order removal to hospital.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 702 }, { "number": "36", "title": "36. Power to order detention in hospital of infected person without proper lodging to return to.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 703 }, { "number": "37", "title": "37. Disinfection of buildings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 704 }, { "number": "38", "title": "38. Place for disinfection may be provided.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 705 }, { "number": "39", "title": "39. Exposure of persons and articles liable to convey dangerous disease prohibited.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 706 }, { "number": "40", "title": "40. Person suffering from dangerous disease not to carry on occupation of danger.", "chapter": null, "content": "Explanation.", "footnote": "", "is_definition": false, "sort_order": 707 }, { "number": "41", "title": "41. Conveyances for persons suffering from a dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 708 }, { "number": "42", "title": "42. Provisions as to use of public conveyance by persons suffering from dangerous disease.", "chapter": null, "content": "(a) enter any public conveyance used for the conveyance of persons at separate fares; or\n(b) where no notice has been issued by the Commissioner under rule 41, enter any other public conveyance without previously notifying the owner or driver thereof that he is so suffering.\n(a) in any public conveyance used for the conveyance of persons at separate fares; or\n(b) where no notice has been issued by the Commissioner under rule 41, in any other public conveyance without previously informing the owner or driver thereof that that person is so suffering.", "footnote": "", "is_definition": false, "sort_order": 709 }, { "number": "43", "title": "43. Duty of owner, etc. of public conveyance in regard to cases of dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 710 }, { "number": "44", "title": "44. Provision as to the letting of houses or rooms in hotel after recent cases of dangerous disease.", "chapter": null, "content": "(a) If concerned in the letting of a house or part of a house, or in showing a house or part of a house with a view to its being let; or\n(b) has recently ceased to occupy a house or part of a house, shall if questioned by any person negotiating for the hire of the house, or any part thereof, as to whether there is, or has been within the preceding six weeks, in any part of the house a person suffering from a dangerous disease, knowingly make a false answer to that question.", "footnote": "", "is_definition": false, "sort_order": 711 }, { "number": "45", "title": "45. Child liable to convey dangerous disease may be ordered not to attend school.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 712 }, { "number": "46", "title": "46. Infected clothes not to be sent to laundry etc.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 713 }, { "number": "47", "title": "47. Power to prohibit home work on premises where dangerous disease exists.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 714 }, { "number": "48", "title": "48. Provisions as to library books.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 715 }, { "number": "49", "title": "49. Person ceasing to occupy house to disclose to owner any recent case of dangerous disease and to disinfect.", "chapter": null, "content": "(a) have the house, or part of the house, and all articles therein liable to retain infection disinfected to the satisfaction of the Medical Officer of Health or some other registered medical practitioner, as testified by a certificate signed by him;\n(b) give to the owner of the house or the part of the house, notice of the previous existence of the disease; and\n(c) on being questioned by the owner as to whether within the preceding six weeks there has been therein any person suffering from any dangerous disease, give a true and correct answer to such question.", "footnote": "", "is_definition": false, "sort_order": 716 }, { "number": "50", "title": "50. Avoidance of contact with body of person who suffered from dangerous disease.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 717 }, { "number": "51", "title": "51. Disposal of dead bodies in certain cases.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 718 }, { "number": "52", "title": "52. Restrictions in certain cases on removal of persons dying in hospital.", "chapter": null, "content": "Special Measures to Check Outbreak of Dangerous Diseases\nSpecial Measures to Check Outbreak of Dangerous Diseases", "footnote": "", "is_definition": false, "sort_order": 719 }, { "number": "53", "title": "53. Special Measures.", "chapter": null, "content": "(a) the evacuation of an infected building used as a dwelling or of any part thereof by the person or persons residing whether habitually or temporarily therein, provided sufficient accommodation for all persons affected is available, or is proved elsewhere;\n(b) compulsory vaccination or preventive inoculation of persons entering, residing in, or leaving specified areas;\n(c) the examination by a medical officer of persons and, if necessary, the disinfection of the clothing, bedding or other articles suspected of being infected belonging to persons either arriving from outside a specified area or residing in any building adjacent to any infected building in that area, the recording of the addresses of such persons, and the daily presentation of such persons for medical examination at a specified time and place, for a period not exceeding ten days;\n(d) the prohibition either generally, or by special order in any individual case, of assemblages consisting of any number of persons exceeding fifty, in any place, whether public or private, or in any circumstances; or for any purpose;\n(e) the closure, for a period to be specified of any theatre, cinema-house or other place of entertainment;\n(f) the closure by a written notice to the authorities in charge of a school, of such school for such period as is specified in the notice;\n(g) restrictions on the movements of persons exposed to infection from a dangerous disease or likely to infect other persons with any such disease;\n(h) restrictions on the export from, or import into, or transport within a specified area of any goods or articles exposed to, and likely to retain infection from a dangerous disease or likely to infect persons with any such disease, or the destruction of any such goods or articles;\n(i) the examination, unloading and disinfection, if necessary, at any place within or outside the City, of any consignment of grain or other foodstuffs, cotton or clothing exported from, or imported into, the City by road or rail;\n(j) Closure of all or any existing markets and bazaars and appointment of special places where markets or bazaars may be held.\nChapter XV\nMarkets and Slaughter Houses", "footnote": "", "is_definition": false, "sort_order": 720 }, { "number": "1", "title": "1. Provisions regarding approaches and environs of private markets.", "chapter": null, "content": "(a) define or determine the limits of any private market or declare what portion of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and\n(b) after hearing the owner or occupier of such market, by written notice require such owner or occupier to-\n(i) lay out, construct, alter, clear, widen, pave, drain and light, to the satisfaction of the Commissioner, such approaches, streets, passages and ways to or in such market;\n(ii) provide such conveniences for the use of persons resorting to such market; and\n(iii) provide adequate ventilation and lighting of the market-building, or any portion thereof, including shops and stalls, as the Commissioner may think fit.", "footnote": "", "is_definition": false, "sort_order": 721 }, { "number": "2", "title": "2. Provisions, for requiring private market buildings and slaughter houses to be properly paved and drained.", "chapter": null, "content": "(a) the whole or any portion of the floor of the market-building, market-place or slaughter-house to be raised or paved with dressed stone or other suitable material;\n(b) such drains to be made in or from the market-building, market-place or slaughter-house, of such material, size and description, at such level and with such outfall, as the Commissioner may appear necessary;\n(c) a supply of water to be provided for keeping such market-building, market-place or slaughter-house in a clean and wholesome state;\n(d) any shop, stall, shed, standing or other structure, in any private market to be altered or improved, in such manner as the Commissioner may consider necessary;\n(e) any privy, water-closet or urinal or any other sanitary arrangement to be constructed or made at such site and in such manner as the Commissioner may deem necessary and expedient; and\n(f) any other measures to be taken necessary, in his opinion in the interest of public health or sanitation.\nChapter XVI\nTransport Undertaking\nFares and Charges", "footnote": "", "is_definition": false, "sort_order": 722 }, { "number": "1", "title": "1. Exhibition of List of Fares and Charges.", "chapter": null, "content": "2.\nChapter XVII\nVital Statistics\nForms of Certificate of Death\nForms to be Provided.\nChapter XVIII\nArticles for Keeping Which the Trades and Occupations for Which Licences are Needed\nPart I\nPart II\nArticles Which Shall not be Kept Without a Licence, in or upon any Premises in Quantities Exceeding at any one time the Maximum Quantities hereunder set Opposite such Article Respectively\nArticles Which Shall not be Kept Without a Licence, in or upon any Premises in Quantities Exceeding at any one time the Maximum Quantities hereunder set Opposite such Article Respectively\nArticles\nArticles\nMaximum quantity which may be kept, at any one\n\t\t\t\ttime without a licence\nMaximum quantity which may be kept, at any one\n\t\t\t\ttime without a licence\nBidi leaves\n4 cwts.\nCamphor\n½ cwt.\nCelluloid\n4 cwts.\nCelluloid goods\n4 cwts.\nCinematograph films\n20 lbs.\nCopra\n4 cwts.\nCotton refuse and waste\n4 cwts.\nCotton seed\n12 cwts.\nDry leaves (Patravali, etc.)\n4 cwts.\nGun Powder\n5 lbs.\nMatches for lighting\n5 gross boxes\nMethylated spirit and Denatured spirit\n10 gallons\nPaints\n5 cwts.\nOld paper (waste) including old newspapers, periodicals,\n\t\t\t\tmagazines, etc. kept for sale or for other than domestic use.\n4 cwts.\nPetroleum as defined in the Petroleum Act, 1934\n10 gallons\nOil (other sorts)\n20 gallons\n\"Oil-seeds\", other than Cotton seed\n1 ton.\nSulphur\n½ cwts.\nTar, pitch, dammer or bitumen\n½ cwts.\nTurpentine\n10 gallon\nVarnish\n40 cwts.\nPart III\nArticles which shall not be kept without A licence for sale of for other than Domestic use in or upon any premises Irrespective of the quantity kept at any one time or in quantities Exceeding at any one time the Maximum Quantities Hereunder set Opposite such Article Respectively:\nArticles which shall not be kept without A licence for sale of for other than Domestic use in or upon any premises Irrespective of the quantity kept at any one time or in quantities Exceeding at any one time the Maximum Quantities Hereunder set Opposite such Article Respectively:\nArticles\nArticles\nMaximum quantity, if any, which may be kept at\n\t\t\t\tany one time without a licence\nMaximum quantity, if any, which may be kept at\n\t\t\t\tany one time without a licence\nBamboos\n10 cwts.\nBones\nCoconut fibre\nCharcoal\nCoal\nCoke\nFat\nFirewood\nFire works\nFish (dried)\n10 cwts.\nGrass (dry)\nGunny bags\nHair\nHay and fodder\nHemp\nHessian cloth (Gunny bag cloth)\nHides (dried)\nHides (raw)\nHoofs\nHorns\nKhokas or wooden boxes or barrels (manufacturing and storing)\nRags\n10 cwts.\nSkins\nTimber\nWool (raw)\n3 cwts.\nPart IV\nPart IV\nTrades or Operations Connected with Trade which shall not be carried on in or upon any premises without a Licence\nTrades or Operations Connected with Trade which shall not be carried on in or upon any premises without a Licence\nCasting metals.\nCondiments manufacturing.\nDyeing cloth or yarn, in indigo or other colour.\nElectro-plating.\nKeeping of eating-houses.\nKeeping of sweetmeat shops except in premises already licensed as an eating-house.\nKeeping of hair dressing saloon or barbers' shops.\nTanning, pressing or packing hides or skins whether raw or dried.\nAerated water.\nBones.\nBricks or tiles.\nCatgut.\nCotton or cotton refuse or cotton seed.\nCompressed coal.\nDammer.\nDynamite.\nFat.\nFireworks.\nIce, ice candies, ice fruit or ice cream.\nLime\nMatches for lighting.\nPaper.\nRubber goods.\nSnuff.\nSoap.\nSugar, sugar candy.\nTar.\nVegetable oil.\nChapter XIX\nPenalties", "footnote": "", "is_definition": false, "sort_order": 723 }, { "number": "1", "title": "1. Certain offences punishable with fine.", "chapter": null, "content": "(a) contravening any provisions of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or\n(b) fails to comply with any requisition lawfully made upon him under any of the said rules, sub-rules or clauses, shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said table.\nRule, sub-rule or clause\nRule, sub-rule or clause\nFine which may be imposed\nFine which may be imposed\nChapter VIII\n1, 2(2), 5, 25\nFifty rupees.\n[***]\n[***]\nChapter IX\n2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1), 18, 19(2), 19(3)\nFifty rupees\n1(1), 2(1), 5(a), 6, 10, 17(2)\nOne hundred rupees\n2, 7(1), 7(2), 8, 12, 13, 16, 19(1), 19(4)\nTwo hundred rupees\nChapter X\n3(1), 6, 7, 11(2), 18(2)\nFifty rupees\n2(2), 2(3), 8(1), 13, 14\nOne hundred rupees\n2(1), 3(1), 18(1)\nTwo hundred rupees\nChapter Xi\n288(l)(e), 288(2)\nTwenty rupees\nChapter XII\n12(1), 12(2), 12(3)\nTen rupees\n8(2), 13\nFifty rupees\n8(1)\nOne hundred rupees\n11\nTwo hundred rupees\n10\nFive hundred rupees\n5(1)\nOne hundred rupees\nChapter XIV\n1, 2, 13(1), 13(2), 32(2)\nTwenty rupees\n3, 5(1), 7, 10, 11(1), 11(2), 14, 17, 18(1), 21(1), 24, 28(1),\n\t\t\t\t34(2), 41, 48(1), 48(2), 48(3), 48(4)\nFifty rupees\n8, 18(2), 22(1), 23, 33(1), 35(2), 35(3), 36, 38(2), 39(1),\n\t\t\t\t39(2), 39(4), 40, 44, 45, 46(2), 49(1), 42(1), 42(2), 50, 51(1)\nOne hundred rupees\n12, 15, 29(1), 34(2), 46(1), 52(1), 52(2)\nTwo hundred rupees\n16(1), 16(2), 27(1), 47\nTwo hundred and Fifty rupees\n20, 29(2), 31, 39(3), 43(1), 43(3), 44(2), 44(3)\nFive hundred rupees\n25(3)\nOne thousand rupees\nRule, sub-rule or clause.\nDaily fine which may be imposed.\nChapter XV\n1(1)(b), 1(2), 2\nTwo hundred rupees", "footnote": "", "is_definition": false, "sort_order": 724 }, { "number": "2", "title": "2. Continuing offences.", "chapter": null, "content": "(a) contravenes any provisions of any of the rules, sub-rules and clauses mentioned in the first column of the following table or any regulation made thereunder; or\n(b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, continues to contravene the said provisions or to neglect to comply with the said requisition, or fails to remove or rectify any work or thing done in contravention of the said provision, as the case may be, shall be punished, for each day that he continues so to offend, with fine which may extend to the amount mentioned in that behalf if the second column of the said table.\nRule, sub-rule or clause\nRule, sub-rule or clause\nDaily fine which may be imposed\nDaily fine which may be imposed\nChapter IX\n2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1)\nFive rupees\n1(1), 2(1), 3, 5(a), 6, 10, 17(2), 18, 19(2), 19(3)\nTen rupees\n12,13\nTwenty rupees\n7(1), 7(2), 19(1), 19(4)\nFifty rupees\nChapter X\n7, 11(2), 18(2)\nFive rupees\n6, 8(1)\nTen rupees\n18(1)\nFifty rupees\nChapter XI\n288(1)(e), 288(2)(b)\nFive rupees\nChapter XII\n12(2), 12(3)\nFive rupees\n8(2), 13\nTen rupees\n8(1)\nTwenty rupees\n6(1), 10\nOne hundred rupees\nChapter XIV\n7, 8, 13(1), 13(2), 21(1), 32(2)\nFive rupees\n1, 2, 3, 5(1), 8, 14, 17, 18(1), 28(1)\nTen rupees\n11(1), 11(2), 15,22(1)\nFifteen rupees\n12, 16(2), 18(2), 23, 24\nTwenty rupees\n29(1), 40, 45, 47\nFifty rupees\n20, 27(1), 29(2), 31\nOne hundred rupees\n25(3)\nFive hundred rupees\nChapter XV\n2\nFifty Rupees\nForms\nForms\nForm A\nForm A\n( See Chapter I, Rule 9)\n( See Chapter I, Rule 9)\nNomination Paper\nNomination Paper\nDeclaration By Candidate\nDeclaration By Candidate\n(Signature of candidate)\n(Signature of the Commissioner.)\nForm B\nForm B\n( See Chapter I, Rule 25)\n( See Chapter I, Rule 25)\nForm of Ballot Paper\nForm of Ballot Paper\nForm of Front of Ballot Paper\nForm of Front of Ballot Paper\nCounter foil\nOuter foil\nSerial No.\nFront\nWard............................\nName and Symbol of Candidate\nName and Symbol of Candidate\nCross\nCross\nName and/or number of Polling Station......\nNumber of elector on election roll................\nSignature or thumb-impression of elector....\nNote: - It is considered important that the whole of the outerfoil of the ballot paper should be taken up by the cage containing the names and symbols of candidates and spaces for recording votes.\nNote:\nBack of Outerfoil\nInstructions.", "footnote": "", "is_definition": false, "sort_order": 725 }, { "number": "1", "title": "1. You have", "chapter": null, "content": "vote(s).", "footnote": "", "is_definition": false, "sort_order": 726 }, { "number": "2", "title": "2. The vote is to be shown by a cross mark (X). Each mark\n\t\t\t\tmeans one vote.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 727 }, { "number": "3", "title": "3. Do not put more than one cross against the name of any one\n\t\t\t\tcandidate.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 728 }, { "number": "4", "title": "4. Do not put more than", "chapter": null, "content": "cross(es) in all on the paper.\nSerial No.\nForm C\nForm C\n(See Chapter I, Rules 26) Tendered Votes List Polling Station Name of Ward Name of elector Number on election roll Number of votes recorded Signature or thumb impression of elector\n(See Chapter I, Rules 26)\nTendered Votes List\nTendered Votes List\nPolling Station\nPolling Station\nName of Ward\nName of Ward\nName of elector\nName of elector\nNumber on election roll\nNumber on election roll\nNumber of votes recorded\nNumber of votes recorded\nSignature or thumb impression of elector\nSignature or thumb impression of elector\nForm D\nForm D\n(See Chapter I, Rules 27)\n(See Chapter I, Rules 27)\nList of Challenged Votes\nList of Challenged Votes\nSignature Sheet No.\nSignature Sheet No.\nNumber on election roll\nNumber on election roll\nName\nName\nSignature of elector, if literate or\n\t\t\t\tthumb-impression of elector, if illiterate\nSignature of elector, if literate or\n\t\t\t\tthumb-impression of elector, if illiterate\nName of identifier, if any\nName of identifier, if any\nOrder of Presiding Officer (in each case).\nForm E\nForm E\n(See Chapter 1, Rules 29)\n(See Chapter 1, Rules 29)\nCertificate Entitling a Presiding Officer, Polling Officer or Polling Agent to Vote at the Polling Station where he is Appointed for Duty.\nCertificate Entitling a Presiding Officer, Polling Officer or Polling Agent to Vote at the Polling Station where he is Appointed for Duty.\nForm F\nForm F\n(See Chapter 1, Rule 31)\n(See Chapter 1, Rule 31)\nForm of Statement to Accompany Returns of Presiding Officers\nForm of Statement to Accompany Returns of Presiding Officers\nTotal Number of Electors for the Polling\n\t\t\t\tstation as shown on election roll\nTotal Number of Electors for the Polling\n\t\t\t\tstation as shown on election roll\nTotal number of ballot papers entrusted to\n\t\t\t\tpresiding officer\nTotal number of ballot papers entrusted to\n\t\t\t\tpresiding officer\nTotal number of ballot papers used\nTotal number of ballot papers used\nAccount of used ballot papers\nAccount of used ballot papers\nBalance that should be in ballot box\nBalance that should be in ballot box\nNumber of unused ballot papers\nNumber of unused ballot papers\nNumber of ballot boxes used\nNumber of ballot boxes used\nUsed for the votes of polling and presiding\n\t\t\t\tofficers and polling agents entitled to vote at another polling\n\t\t\t\tstation (rule 29)\nUsed for the votes of polling and presiding\n\t\t\t\tofficers and polling agents entitled to vote at another polling\n\t\t\t\tstation (rule 29)\nTendered ballot papers (rule 26)\nTendered ballot papers (rule 26)\nspoilt ballot papers (rule 28)\nspoilt ballot papers (rule 28)\n(1)\n(1)\n(2)\n(2)\n(3)\n(3)\n(4)\n(4)\n(5)\n(5)\n(6)\n(6)\n(7)\n(7)\n(8)\n(8)\n(9)\n(9)\nForm G\nForm G\n( See Chapter VIII, Rule 41)\n( See Chapter VIII, Rule 41)\nForm of Notice of Demand\nForm of Notice of Demand\n(Signed) ..................\nMunicipal Commissioner for the City of\nForm H\nForm H\n(See Chapter VIII, Rule 42)\n(See Chapter VIII, Rule 42)\nForm of Warrant of Distress or Attachment\nForm of Warrant of Distress or Attachment\nTo (here inserted the name of the officer charged with the execution of the Warrant)\n(or, as the case may be, any moveable property on the premises in respect of which the said tax is due) to the amount of the said sum of.................. and such further sum as may be sufficient to defray the cost of recovering the said amount; and forthwith to certify to me together with this warrant all particulars of the\n(Signed)\nForm I\nForm I\n(See Chapter VIII, Rules 46 and 49)\n(See Chapter VIII, Rules 46 and 49)\nA.B.\nresiding at...........................................................\nTake notice that I have this day seized the moveable property specified in the inventory beneath this, for the sum of.................. due for the [tax] mentioned in the margin [for the year (or half year)] commencing (or terminating ) on the .................. day of............... 200 ..........; and that unless you pay into the municipal office at ..................... the amount due, together with the costs of recovery, within five days from the day of the date of this notice, the moveable property will be sold.\n(Signature of the officer executing the warrant)\nInventory\n(Here state particulars of the moveable property seized)\n[Schedule-B]\nValidity and Date of Operation of Certain Orders.\nValidity and Date of Operation of Certain Orders.\n1.\n2.\n3.\n(i) May by interim order suspend the operation of the order or the approval of the plan, either generally or in so far as it affects any property of the appellant until the final determination of the appeal; and\n(ii) if satisfied upon hearing of the appeal that the order or the approval of the plan, is not within the powers of this Act or that the interests of the appellant have been substantially prejudiced by any requirement of this Act not having been complied with, may quash the order, or the approval of the plan, either generally or in so far as it affects any property of the appellant.\n4.\n5.\nSchedule C\nCompulsory Acquisition Orders\nCompulsory Acquisition Orders\n1.\n2.\n(a) publish simultaneously in the Official Gazette and in three or more newspapers circulating within the City, a notice stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the plan referred to therein may be seen at all reasonable hours; and\n(b) serve on every person whose name appears in the Commissioner's assessment book as primarily liable for the payment of the property taxes leviable under this Act on any land or building to which the order relates a notice stating the effect of the order and that it is about to be submitted to the State Government for confirmation and specifying the time (being not less than twenty-one days) within which objections thereto can be made to the Commissioner.\n3.\n4.\nSchedule D\n( See Section 284-O)\n( See Section 284-O)\nConstitution and Powers of Compensation Tribunal\nConstitution and Powers of Compensation Tribunal", "footnote": "", "is_definition": false, "sort_order": 729 }, { "number": "1", "title": "1. Constitution of Tribunal.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 730 }, { "number": "2", "title": "2. Rules of procedure to be made by State Government.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 731 }, { "number": "3", "title": "3. Award of Tribunal how to be determined.", "chapter": null, "content": "(a) if there be any disagreement as to the measurement of land or the amount of compensation or costs to be allowed or the determination of betterment charges, the opinion of the majority of the members of the Tribunal shall prevail;\n(b) questions relating to the determination of the persons to whom the compensation is payable, or the apportionment of compensation, may be tried and decided in the absence of the assessors, if the President of the Tribunal considers their presence unnecessary; and, when so tried and decided, the decision of the President shall be deemed to be the decision of the Tribunal;\n(c) notwithstanding anything contained in the foregoing clauses (a) and (b), the decision on all questions of law and procedure shall rest solely with the President of the Tribunal.", "footnote": "", "is_definition": false, "sort_order": 732 } ], "metadata": { "Act ID": "Last Updated 11th June, 2019 [guj159]", "Act Number": "(Bombay Act No. 59 of 1949)", "Enactment Date": "", "Act Year": "1949", "Short Title": "The Bombay Provincial Municipal Corporations Act, 1949", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:55:19" }