DISORDERLY HOUSES
362. Power over disorderly houses and prostitutes-
(1) The Corporation may, by notice in the manner prescribed by byelaws prohibit in any specified part of the City-
(a) the keeping of a brothel;
(b) the residence of any person who practices prostitution.
(2) Whoever after the date of the notice issued under sub-section (1)-
(a) keeps or manages or acts or assists in the management of a brothel within the prohibited area;
(b) being the tenant, lessee or occupier of any premises or any part there of to be used as a brothel or for the purposes of habitual prostitution within the prohibited area; or
(c) being the lessor or landlord, of any premises or the agent to such lessor or landlord, lets the same of any part thereof, within the prohibited area with the knowledge that such premises or some part there of , are , or for the purposes of habitual prostitution, or is willfully a party to the continued use of such premises as a brothel or for the purposes of habitual prostitution; or
(d) being a practicing prostitute resides within the prohibited area; shall be punishable with imprisonment of either description for a term which may extend to six months or with the fine which may extend to five thousand rupees or with both and in the case of a continuing offence with an additional fine not exceeding five hundred rupees for every day after the first during which the offence continues.
363. Brothels-
On the complaint of the Commissioner, or of three or more persons residing within the limits of the city that a bourse within the said limits is used as brothel, or by disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, or that any such house is used as a brothel in the neighbour hood of a cantonment or of an educational or charitable institution or boarding house or of any place of worship, any Magistrate of the first class having jurisdiction in the place where the house is situated, may summon the owner or the occupier of the house, and on being satisfied that the house is so used and that it is a source of annoyance or offence to the neighbours, or that it is in the neighbourhood of a cantonment or of an educational or charitable institution or boarding house, or of any place of worship, may order the owner or the occupier to discontinue such use of it; and if he fails to comply with such order within five days, may impose upon him a fine not exceeding five hundred rupees for every day thereafter, the house is so used.
364. Control of prostitution.-
The Corporation may in accordance with the byelaws made in that behalf grant licences, impose fees and otherwise control the practice of prostitution within the limits of the Corporation. 155 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956 364-A. Provisions of this Chapter to be supplemental to Central Act 104 of 1956 and actions under this Act to be subject to the Central Act.-
The provisions contained in this Chapter shall be in addition to, and not in derogation of, the provisions of the suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956), and anything done or any action taken under this Chapter shall be subject to the provisions of the said Act.
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Madhya Pradesh Municipal Corporation Act, 1956 Chapter XXXIII
WEIGHTS AND MEASURES
365. Power to inspect weights and measure and seize false weights, etc.-
(1) The Mayor or the Commissioner may authorize any person to enter into and inspect at any reasonable time, any market, building, shop, stall or place used for the sale of any goods, food, drink or drug and the person so authorized may inspect any instrument for weighting, weights, or measures founds there in and test the same with standard weights and measures and may seize any such instrument for weighting, weight or measures which he reasonably believes to be false or not in accordance with byelaws made by the Corporation under this Act, and may take the same to be examined or tested by the officer appointed for the purpose.
(2) Every person for the time being in charge of or employed in such market, building, shop, stall or place shall if so requested by the person making such inspection, produce for such inspection and comparison all instruments for weighting, weights and measures kept there in. 157 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956 Chapter VIII
Chapter XXXIV
GENERAL PROVISIONS FOR THE CARRYING OF MUNICIPAL
ADMINISTRATION PROCEDURE
366. Licences and permissions.-
(1) Whenever it is prescribed by or under this Act that the permission of the Commissioner is necessary for the doing of any act, such permission shall, unless it is otherwise expressly provided, by in writing.
(2) Every license and written permission granted under this Act or under any rule or byelaw made there under, shall be signed by the Commissioner and shall specify-
(a) the date of the grant thereof;
(b) the purpose and the period, if any, for which it is granted;
(c) the restrictions and conditions, if any, subject to which it is granted;
(d) the name of the person to whom it is granted;
(e) the tax or fee, if any, paid for the licence or written permission;
(f) the date by which an application for the renewal of the same may be made
(3) Except when it is otherwise expressly provided in this Act or in any rule or bye law made there under, a fee for every such licence or written permission may be charged at such rates as may be fixed by the Corporation and such fee shall be payable by the person to whom the licence is granted.
(4) Every person to whom a licence or permission has been granted shall produce it at all reasonable hours of inspection if required by the
Commissioner or any officer authorized by him in this behalf.
(5) Any licence or written permission granted under this Act, or under any rule or byelaw made there under, may at any time be suspended or revoked, by the Chief Municipal Officer if any of its restrictions or conditions is infringed or evaded by the grantee, or if the grantee is convicted of a breach of any of the provisions of this Act or of any rule or byelaw made there under in any matter to which such licence or permission relates.
(6) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or of any rule or byelaw made there under, be deemed to be without a licence or written permission until such time, whether wihin the said period or otherwise, as the authority granting the same may see fit to cancel the order suspending or revoking the licence or written permission or until the licence or written permission is renewed, as the case may be.
(7) Pending the receipt of orders on his application made on or before the date prescribed by byelaws for application for renewal, an applicant shall be entitled to act as if it has been renewed.
(8) The acceptance by or on behalf of the Municipality of the fee for a licence or permission shall not entitle the person paying the fee to the licence or permission.
(9) Every application for a licence or permit shall be addressed to the Chief Municipal Officer.
(10) Save in cases falling under section--- and -----, if the orders of the Chief Executive Officer on an application for a licence or permission which complies with the provisions of the foregoing sub-section are not communicated to the applicant within six weeks from the date of receipt of the application by the Chief Municipal Officer the applicant may act as if the licence or permit had been granted for the year or for such shorter period as is mentioned in the application. 158 | P a g e
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(11). The rate of the licence and permission fees shall be revised once in every three years.
Evidence
367. Proof of consent etc., of municipal authorities or municipal officers.-
Whenever under this Act or any rule or byelaw made there under, the doing or the omitting to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion or satisfaction of-
(a) the Corporation, or the Mayor-in Council or the Commissioner, or
(b) of any municipal officer; a written document purporting to have been signed in case-(a) by the Commissioner, and in case-
(b) by the said municipal officer, purporting to convey or set forth such approval, sanction, consent, concurrence, declaration, opinion or satisfaction shall be prima facie evidence thereof.
Signature and service of notice, etc.
368. Signature on notices, etc. may be stamped.-
(1) Every licence, written permission, notice, bill, schedule, summons, warrant or other document which is required by this Act or by any rule or byelaw made there under to bear the signature of any municipal officer, shall be deemed to be properly signed if it bears a facsimile of the signature of such municipal officer stamped there upon.
(2) Nothing in subsection, (1) shall be deemed to apply to a cheque drawn upon the municipal fund or to any deed of contract.
369. Service of notice, etc., how to be effected on owner or occupier of premises.-
When notice, bill, schedule, summons or other document is required by this Act or any rule or byelaw made there under to be served upon or issued or presented to any person as owner or occupier of any land or building, in so far as it concerns that land or building, the service, or issue or presentation thereof shall be effected either-
(a) by giving or tendering to any person whose name has been entered in the assessment list as the owners, or one of the owners of the property concerned, or to the occupier there of; or
(b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other document to some adult member or servant of the family of the owner or occupier; or of any of the owners or occupiers; or
(c) by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the land or building to which the document relates; or
(d) by delivering at some post office, the said notice, bill, schedule, summons or other document under cover addressed by the description of the owner or occupier of------- (here describing the property concerned) without further name or description of then person concerned, and obtaining a certificate of posting the same from the post office; or
(e) by any one or more of these methods. 159 | P a g e
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370. Service of notice, etc., how to be effected on any person otherwise than as owner or occupier of premises.-
When a notice, bill schedule, summons or other document is required by this Act or by any rule or byelaw made there under, to be served upon or issued or presented to any person, otherwise than as owner or occupier of any land or building, such service, issue or presentation shall be effected-
(a) by delivering at some post office the said notice, bill, schedule, summons or other such documents under cover bearing the address of the person concerned and obtaining therefor a certificate of posting, or
(b) by giving or tendering to such person the said notice, bill, schedule, summons or other such documents, or
(c) by both methods.
370-A. The two preceding sections inapplicable to Court's summons.-
Nothing in the two preceding sections shall apply to any summons issued under this Act by a Court.
371. Public notice how to be made known.-Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Commissioner or of a municipal officer empowered under sub section (4) of section 69 to give the same, and shall be widely made known in the locality to be effected thereby, affixing copy thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum, or by advertisement in the local newspapers, or by two or more of these means and by any other means that the Commissioner shall think fit.
Powers of entry and inspection
372. Power of entry on premises for purposes of inspection, survey or execution of necessary work.-
(1) Any Municipal Officer duly authorized in this behalf by the Commissioner or any Councillor authorized by the Mayor may enter into or upon any premises, with or without assistants or workmen, in order to make any inspection, survey, measurement, valuation or inquiry or execute any work which is authorized by this Act or by any rule or byelaw made there under or which, in his opinion it is necessary or expedient for any of the purposes or in pursuance of any of the provisions of this Act or of any such byelaw, to make or execute:
Provided as follows:-
(a) except when it is in this At or in any rule or byelaw made there under otherwise expressly provided, no such entry shall be made between sunset and sunrise;
(b) except when it is in this Act or in any rule or byelaw made there under otherwise expressly provided, n o building used as a dwelling house shall be so entered, unless with the consent of the occupier thereof, without giving the said occupier at least six hours' previous notice in writing of the intention to make such entry, and, except where it is inexpedient to mention the purpose thereof;
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(c) notwithstanding any power to enter any premises conferred upon municipal officers or councilors by this Act or any rule or byelaw made there under sufficient notice of such entry shall in every instance be given to enable the inmates of any apartment appropriate to women to withdraw to some part of the premises where their privacy may not be disturbed;
(d) due regard shall be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of occupants of the premises entered.
(2) Except when it is in this Act or any rule or byelaw made there under otherwise expressly provided, no claims shall lie against any person for compensation for any damage unavoidably caused by any entry made or by the use of any force necessary for effecting such entry:
Provided that force shall not be used for effecting an entry, unless there is reason to believe that an offence has been or is being committed against some provisions of this Act or any rule or byelaw made there under.
373. Power of entry on lands adjacent to works.-
(1) Any Municipal Officer duly authorized to carry out works may enter upon any land adjoining or within one hundred yards of any works authorized by this Act or by any rule or byelaw made there under and deposit any earth, gravel, sand, lime, bricks, stone or other materials necessary for such works, or for any other purpose connected with the carrying on of such works.
(2) Such Officer shall, before depositing materials under sub-section (1), give the owner or occupier of the land reasonable notice of his intention to make such entry, and of the purpose thereof, and shall, if so required by the owner or occupier, set apart by sufficient fences so much of the land as may be required for the purposes mentioned in the said sub-section.
(3) The municipal officer shall not be bound to make any payment, tender or deposit before entering upon any land under sub-section (1), but shall do as little damage as may be, and the Commissioner shall pay compensation to the owner or occupier of the land for any temporary damage that may be done in consequence of such entry, and shall also pay compensation to the said owner for any permanent damage resulting therefrom.
374. Right of entry into and inspection of premises licensed for any purpose.-
(1) Any Councillor or any Committee authorized by the in that behalf or the Commissioner, or any Municipal Officer authorized by him in that behalf may at any time by day or night and without notice, enter into or upon any place or premises used or intended to be used for any purpose for which any licence or permission is required by or under this Act or any rule or byelaw made there under in order to satisfying himself whether any provision of this Act or any rule or byelaw or any condition of any licence or permission granted or required under this Act or any rule or byelaw made there under is being contravened, and whether any nuisance is being created in or upon such place or premises.
375. Prohibition of obstructing entry.-
No person shall, in any way, obstruct any Committee or Councillor or any Municipal Officer duly authorized in that behalf in making any entry under section 365, 372, 373 or 374 any other municipal officer or any other person accompanying him at his request or acting under his orders for the purpose of such entry.
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Madhya Pradesh Municipal Corporation Act, 1956 Enforcement of orders to execute works, etc.
376. Execution of works which any person is required to execute by Commissioner at such person's cost.-
(1) When any requisition order is made under this Act or any rule or byelaw made there under, by written notice issued by the Commissioner or by any municipal officer duly empowered in this behalf, a reasonable period to be determined by the Commissioner shall be prescribed in such notice for carrying such requisition or order into effect.
(2) If, within the period so prescribed, such requisition or order or any portion there of is not complied with, the Commissioner may take such measures, or cause such work to be executed or things to be done, as may, in his opinion, be necessary for giving due effect to the requisition or order so made; and unless it is in this Act or in any rule or byelaw made there under otherwise expressly provided, the expenses thereof shall be paid by the person or any one or more of the persons to whom such requisition or order was addressed.
(3) When a person is required under any provision of this Act or under any rule or byelaw made there under to supply any materials or fittings or to do any work, the Commissioner may, upon the requisition of such person in writing, supply the necessary materials or fittings or cause the necessary work to be dome in this behalf:
Provided that the said person shall first deposit as sum sufficient in the opinion of the Commissioner to cover the cost of the said materials, fittings or work.
(4) When a person is required to execute any work under the provisions of this Act or under any rule or byelaw made there under, the Commissioner may, for reasons to be recorded in writing instead of giving him the option of executing it, cause such work to be executed by municipal or other agency under his own supervision, and may recover the expenses incurred there by from the person liable to execute the work:
Provided that the Corporation may, on the advice of the Commissioner, execute the work at the coast of the municipal fund.
Recovery of Expenses
377. Power of Commissioner to accept agreement for payment of expenses in installments.-
(1) When ever under this Actor under any rule or byelaw made there under, the cost of any work executed or of any measure taken or thing done, by or under the order of a municipal authority, any magistrate or any municipal officer empowered in this behalf, is payable by any person, the Commissioner may with the approval of the Mayor-in- Council instead of recovering any such cost in any other manner provided in this Act or in any rule or byelaw made there under, take an agreement from the said person to pay the same in installments of such amount and at such intervals as will secure the payment of the whole amount due, with interest there on at the rate not exceeding six per centum per annum, within a period of not more than five years.
(2) If any installment is not paid on or before the date on which it falls due, the Commissioner may thence forward recover interest on the sum then due at such rate not exceeding nine per centum per annum as he may deem fit.
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378. Power to declare certain expenses to be improvement expenses.-
If any cost or expenses removable under this Act have been incurred by the Commissioner under any provision of this Act or any rule or byelaw made there under in respect of, or for the benefit of, any land or building the Commissioner may with the approval of the Corporation declare such costs or expenses to be improvement expenses.
379. Improvement expenses how recoverable and by whom payable.-
Improvement expenses declared as such under section 378 shall be a charge on the premises in respect of which or for the benefit of which, they have been incurred, and shall be recoverable in installments of such amount, not being less than twelve rupees per annum for each separate property, and at such intervals as will suffice to discharge such expenses, together with interest there on at as rate not exceeding six per centum per annum , within such period, not exceeding thirty years, as the Municipality may in each case determine.
(2) The said installments shall be payable by the owner of the premises on which the expenses are still payable or by the occupier to the extent of the rent which has or may become due from him.
(3) If any installments is not paid on or before the date on which it falls due, the Commissioner may recover interest on the sum due at such rate not exceeding nine per centum per annum as he may deem fit.
380. Right of owner or occupier to redeem charge for improvement expenses.-
At any time before the expiry of the period for the payment of any improvement expenses, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses as are still payable.
381. Execution of work by occupier in default of owner and deduction of expenses from rent.-
Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or under any rule or byelaw made there under, the occupier, if any, of such land or building may with the previous approval of the Commissioner, execute the said work, and shall be entitled to recover from the owner the reasonable expenses incurred by him in so doing and may, without prejudice to any other right of recovery, deduct the amount thereof from the rent payable by him to the owner.
382. Limitation of liability of agent or trustee.-
No person who receives the rent of any land or building as an agent or trustee only shall be liable to do anything which by this Act or any rule or byelaw made there under is required to be done by an owner, if he proves to the satisfaction of the Commissioner that he has not in his hands funds belonging or payable to the owner sufficient for the purpose:
Provided that nothing in this sub-section shall be deemed to prevent the Commissioner from carrying out the necessary works and recovering the expenses so incurred from the actual owner. 163 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956 Payment of Compensation
383. General power of Commissioner to pay compensation.-
In any case not otherwise expressly provided for in this Act, or in any rule or bylaw made there under, the Commissioner may, with the previous approval of the Mayor-in-Council, pay compensation to any person who sustain damage by reason of the exercise of any of the powers vested by this Act or by any such rule or byelaw in the Commissioner, or in any municipal officer or servant.
384. Compensation to owner for value of immovable property deteriorated.-
(1) In any case in which immovable property has deteriorated in value owing to the exercise of any powers conferred by sections 190,191, 192, 193, 211, 213, 214 and 285, Corporation may offer to the owner of the property reasonable compensation.
(2) If the owner of the property which has deteriorated in value accepts the compensation, he shall be deemed to have granted to the Corporation a perpetual rights to continue the exercise of its powers under any of the said sections in such manner as not to create greater nuisance or to cause greater damage than was being created, or caused at the time when compensation was received.
Complaint of Injury
385. Procedure on Complaint of injury.-
(1) Any person who is injuriously affected by the exercise of any power conferred by section 190,191, 192, 193, 211, 213, 214 and 285, may complaint to the First Class Magistrate having jurisdiction that more than the least practicable nuisance or damage has been created or caused.
(2) upon receipt of the complaint the Magistrate may, after making such enquiry as he deems fit, direct the Corporation-
(a) to take such measures as it may deem practicable and reasonable for preventing, abating, removing or diminishing the nuisance or damage;
(b) to pay to the complaint all reasonable costs of and relating to his complaint, which cost may include compensation for the complaint's loss of time in prosecuting the complaint.
(3) It shall be incumbent on the Corporation, the Mayor-in-Council or the Commissioner, as the case may be to obey every such order.
(4) Any appeal shall lie to the district court from an order passed by the Magistrate under this section within one month from the date of such order.
386. Compensation to be paid by offenders against this Act for any damage caused by them.-
(1) any person who has been convicted of an offence punishable under this Act or under any rule or byelaw made there under shall, notwithstanding any punishment for which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to any property of the Corporation resulting from the said offence as the Commissioner may consider reasonable.
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(2) In the event of dispute regarding the amount of compensation payable under sub-section(1) such amount shall, on application made to him, be determined by the Magistrate, before whom the said person was convicted of the said offence and on his failure to pay the amount of compensation so determined, the same shall be recovered under a warrant issued by the said Magistrate as if it were a fine inflicted by him on the person liable to pay the compensation. The amount of compensation so recovered shall be credited to the Municipal fund.
Recovery of expenses or compensation in case of disputes
387. Arbitration in cases of compensation, etc.-
(1) If an agreement is not arrived at with respect to any compensation or damages which are by this Act directed to be paid, the amount and if necessary by the apportionment of the same shall be ascertained and determined by a Panchayat of three persons of whom one shall be appointed by the Corporation, one by the party, to or from whom such compensation or damages may be payable or recoverable, and one, who shall be Sarpanch, shall be selected by the members already appointed as above.
(2) If either party or both parties fail to appoint members within one month from the date of either party receiving written notice from the other of claim to such compensation or damages, or if the members fail to select a Sarpanch, such members as may be necessary to constitute the Panchayat shall be appointed, at the instance of either party, by the District Court.
(3) In the event of the Panchayat not giving a decision within one month or such other longer period as may be agreed to by both the parties from the date of the selection of the Sarpanch or of the appointment by the District Court of such members as may be necessary to constitute the Panchayat, the matter shall, on application by either party be determined by the District Court which shall, in cases, in which the compensation is claimed in respect of land, follow as far as may be the procedure provided by the Land Acquisition Act, 1894, for proceedings in matters referred for the determination of the Court:
Provided that-
(a) no application to the Collector for a reference shall be necessary, and
(b) the court shall have full power to give and apportion the costs of all proceedings in manner it thinks fit.
(4) In any case where the compensation is claimed in respect of land and the Panchayat has given a decision, either party, if dissatisfied with the decision, may within a month of the date thereof apply to the District Court and the matter shall be determined by the District Court in accordance with the provisions of sub-section (3).
(5) In any case where the compensation is claimed in respect of any land or building, the Corporation may after the award has been made by the Panchayat or the District Court, as the case may be, take possession of the land or building after paying the amount of the compensation determined by the Panchayat or the District Court to the party to whom such compensation, may be payable. If such party refuses to accept such compensation, or if there is no person competent to alienate the land or building, or if there is any dispute as to the title to the compensation or as to the appointment of it, the Corporation shall deposit the amount of the compensation in the District Court, and take possession of such property.
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388. Recovery of sums ascertained under section 387 to be due.-
If the amount of any expenses, compensation or damages determined in accordance with section 387 is not paid on demand by the person liable to pay the same, it shall be recoverable as if the same were due under the decree of the District Court.
389. Saving of right to claim damages for injury.-
Nothing in this Act shall affect the right of any person who may suffer injury or whose property may be injuriously affected by reason of any done in exercise of any power conferred by sections 190, 191, 192, 193, 211, 213, 214 and 285 to recover damages.
Recovery of certain dues
390. Recovery of certain dues by distress and sale.-
In any case not expressly provided for in this Act or in any rule or byelaw made there under, any sum due to the Corporation on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or under any such rule or byelaw, shall be recoverable by distress and sale of the movable property of the person from whom such sum is due, in the manner provided by Chapter XII.
390-A. Recovery of certain dues by distress and sale.-
In any case not expressly provided for in this Act or in any rule or byelaw made there under, any sum due to the Corporation on account of any charge, costs, expenses, fees, rates or rent or on any other account under this Act or under any such rule or byelaw, shall be recoverable by distress and sale of the movable property of the person from whom such sum is due, in the manner provided by Chapter XII.
391. If the defaulter is the owner of premises in respect of which expenses are payable the occupier may also be liable for payment there of.-
If the default referred to in the last preceding section is in connection with a building or land and the defaulter is the owner thereof, the sum due may be demanded from any person who at the time when the said expenses were incurred occupied the said building or land under or from the said owner. In the event of the occupier failing to pay the sum due, it may be recovered by distress and sale of the goods and chattels of the said person as if the amount there of were a property tax due by him.
Provided that-
(a) if the occupier makes a true disclosure of the name and address of the person to whom the rent is due and proves to the satisfaction of the Commissioner that the amount of rent payable by him to that person on the date of the demand, then the occupier shall not be liable to pay on account of the said demand, any sum greater than the amount payable as rent on the date aforesaid;
(b) the occupier shall be entitled to credit in account with the owner for any sum recovered from him on account of the said expenses;
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(c) nothing in this section shall affect any agreement made between the occupier and the owner respecting the payment of expenses as aforesaid.
Proceedings before Court
392. Decision of the District Court.-
Notwithstanding anything to the contrary in any other law for the time being in force, the District Court, shall exercise all the powers and jurisdiction expressly conferred on or vested in it by the provisions of this Act, and unless it is otherwise expressly provided by this Act, its decision shall be subject to revision by the High Court.
393. Procedure in inquiries before Civil Courts.-
For the purpose of any appeal , inquiry or proceeding under this Act, the High Court and the District Court, may exercise all the powers conferred on them by the Code of Civil Procedure, 1908, and the Madhya Pradesh* Civil Courts Act, 1958 (19 of 1958) and shall observe the procedure prescribed in the said enactments, so as it is not inconsistent with the provisions of this Act.
(2) The costs of every appeal, inquiry, or proceeding under this Act shall be payable by such parties and in such proportions as the Court may direct and the amount there of shall, if necessary, be recoverable as if it were due under a decree of the Court.
394. Fees in proceedings before Civil Courts.-
(1) The Government my by notification in the Gazette prescribe what fee, if any, shall be paid-
(a) on any application, appeal or reference made under this Act to the District Court; and
(b) for the issue in connection with any enquiry or proceeding of the Court under this Act, of any summons or other process:
Provided that the fee (if any) prescribed under clause (a) shall not, in cases in which the value of the claim or subject- matter is capable of being estimated in money exceed the fees leviable, for the time being, in cases in which the value of the claim or subject- matter is of like amount.
(2) The Government may from time to time, by a like notification, determine by what person any fee prescribed under clause (a) of sub-section (1) shall be payable.
(3) no application, appeal or reference shall be received by the District Court until the fee, if any prescribed under clause (a) of sub-section (1) has been paid.
395. Limitation.-
Where no time is prescribed by this Act for the presentation of an application or appeal, such application or appeal shall be presented subject to the provisions of section 5 of the Indian Limitation Act, 1908; which is hereby made applicable to such application or appeals within thirty days after the date of the order in respect of or against which the application or appeal is made:
Provided that if the application is an application for revision to the High Court the period of limitation shall be sixty days.
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396. Procedure in prosecution.-
No Magistrate shall take cognizance of any offence under this Act or under any rule or byelaw made there under, except on a complaint signed by the Commissioner or by any Municipal Officer or the officer-in-charge of a police authorized by the Commissioner in this behalf either generally in regard to all such offences or particularly in regard to specific offences or offences of a special class.
397. Power of Magistrate to hear case in absence of accused.- If any person summoned to appear before a Magistrate to answer a charge of an offence under this Act or against any rule or byelaw made there under fails to appear at the time and place mentioned in the summons, the Magistrate may, if-
(a) service of the summons is proved to his satisfaction, and
(b) no sufficient cause is shown for the non-appearance of such person; hear and determined the case in his absence.
398. Limitation of time for prosecution.-
No Magistrate shall take cognizance of any offence under this Act or under any rule or byelaw made there under unless complaint of such offence is made-
(a) within six months next after the date of the Commission of such offence; or
(b) if such date is not known or the offence is a continuing one, within six months next after the date on which the Commissioner or of any officer or servant whose duty it is to report such offence to the Commissioner.
399. Proceedings, if any, occupier opposes the execution of the Act.- If the occupier pf any building or land prevents the owner thereof from carrying into effect in respect of such building or land, any of the provisions of Act, after notice of his intention so to carry them into effect has been given by the owner to such occupier, any Magistrate upon proof, and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works, with respect to such building or land, as may be necessary for carrying into effect the provisions of this Act may also, if he thinks fit, order the occupier to pay the owner the costs relating to such application or order, and if, after the expiration of eight days from the date of the order, such occupier continues to refuse to permit such owner to execute any such work such occupier shall for every day during which he so continueous to refuse be punished with fine which may extend to five hundred rupees and every such owner, during the continuance of such refusal, shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works. 168 | P a g e
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400. Power of Commissioner to institute legal proceedings and obtain legal advice.-
(1) The Commissioner may on behalf of the Corporation-
(a) institute, defend or withdraw from legal proceedings under this Act, or under any rule or byelaw made there under or any other enactment for the time being in force,
(b) compound any offence under this Act or under any rule or byelaw made there under and charge such fees for compounding of offence as may be prescribed by byelaws by the Corporation
(c) admit, compromise or withdraw any claim made under this Act or under any other enactment for the time being in force; and
(d) obtain such legal advice and assistance as he may from time to time think it necessary or expedient to obtain, for any of the purposes referred to in the foregoing clauses of this section, or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon the Corporation, the Mayor- in- Council or any municipal officer or servant:
Provided that the Commissioner shall not admit, compromise or withdraw any claim in a suit in which the whole amount claimed exceeds five hundred rupees without the previous sanction of the Mayor-in-Council, or where the total amount claimed exceeds two thousand rupees, without the previous sanction of the Corporation,
(2) Money received by way of composition under this Section shall be credited to the Municipal Fund.
401. Notice, limitation and tender of amends in suit against Corporation etc.-
(1) No suit shall be instituted against the Corporation, the Mayor-in-Council or any Corporation Officer or servant, or any person acting under the direction of the Corporation the Mayor- in- Council or any municipal officer or servant, in respect of any act done or purporting to have been done in pursuance or execution or intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act or any rule or byelaw made there under until the expiration of one month next after notice in writing has been delivered or left at the Chief Corporation Officer or at the residence of such officer, standing with adequate particulars,-
(a) the cause of action;
(b) the name and residence of the intending plaintiff and of his advocate, pleader or agent, if any, for the purpose of the suit; and
(c) the relief which he claims.
(2) Every such suit shall be commenced within six months next after the accrual of the cause of action, and the plaint there in shall contain a statement that a notice has been delivered or left as required by sub-section (1).
(3) If the Corporation or any person to whom any notice is given under sub-section (1) has tendered sufficient amends so the plaintiff before the suit is instituted, the suit shall be dismissed.
(4) If the defendant in any such suit is the Commissioner or any other Corporation Officer or servant, payment of any sum or part there of payable by him or in consequences of the suit may with the sanction of the Mayor-in-Council be made from the Municipal Fund. 169 | P a g e
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402. Indemnity for act done in good faith.-
No suit or prosecution shall be maintainable against the Corporation or the Mayor-in-Council or Councillor or any Municipal Officer or servant, or any person acting under or in accordance with the direction of the Municipality or Chief Councillor in Council or any Municipal Officer or servant inn respect of anything in good faith with discuss and attention done or intended to be done under this Act or under any rule or byelaw made thereunder.
Appeals
403. Appeal against the order of the Commissioner and subordinate officers.-
(1) Any person aggrieved by an order passed an officer subordinate to the Commissioner, under this Act or under any rule or byelaw made there under may appeal of the Commissioner within thirty days of the date on which the order is conveyed to him.
(2) Any person aggrieved by:-
(a) any notice or order issued or other action taken by the Commissioner under sections 174, 193,
195, 196, 197, 198, 199, 202, 204, 205, 207, 208, 209, 210, 237, 241, 243, 246, 247, 248, 249,
295, 296, 299, 301, 302, 310, 311,312, 313,315, 322, 323, or 393 of this Act or any rule or bylaw made there under,
(b) any order of the Commissioner regarding granting or refusing a licence or permission; or
(c) any other order of the Commissioner that may be made appealable by byelaws under section
427,
may appeal to the Corporation within 30 days from the date of such order.
(3) such appeal shall be heard and disposed of by a committee to be called the "Appeal Committee" appointed by the Corporation.
(4) The Appeal Committee shall consist of the Mayor and four elected Councillors elected by the Corporation in accordance with the system of proportional representation by means of a single transferable vote, in the meeting called under sub-section (1) of section 18. The Mayor shall be ex-officio Chairman of the Appeal Committee.
(4-A) The tem of Appeal Committee shall be conterminous with the term of the Corporation. (4-B) In the event of any vacancy occurring in the Appeal Committee it shall be reported to the authority prescribed under sub-section (1) of section 18 and the vacancy shall be filled in, in accordance with the provisions of sub-section (4).
(5) The Appeal Committee may for sufficient cause extend the period prescribed for appeal.
(6) The Appeal Committee may remand any case for further enquiry or decision or may pass any other order as may be deemed just and proper; and no appeal or revision shall lie against this decision of the Committee.
(7) The Appeal Committee may review its own order:
Provided that no order under sub-section (6) or (7) shall be passed to the prejudice of any person until he has been given a reasonable opportunity of being heard.
(8) The Appeal Committee may allow any Officer deputed by the Commissioner for the purpose to appear before it in any appeal and to watch, or re-present the interests of the Corporation.
(9) The Corporation may frame byelaws for the conduct of business before the Appeal Committee.
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404. Suspension of orders pending appeals.-
When an appeal has been instituted against an order under the aforesaid sections, all proceedings to enforce such order and all prosecutions for a breach thereof may, by an order of the Appellate Authority or the Mayor when the Appeal Committee is not sitting, be suspended pending the decision of the appeal.
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SUPPLEMENTAL PROVISIONS
405. Power of Governor to include or exclude certain area.-
(1) The Governor may by notification in the gazette declare the intention to include within or exclude from the limits of the city any specified area.
(2) If the local authority having jurisdiction in the said area or any person resident therein, objects to such declaration such authority or person may submit an objection in writing to the Collector "within a prescribed period and the Governor shall take such objection into consideration.
(3) When the said period has expired and the Governor has considered the objection under sub- section (2), the Governor may by notification, include within or exclude from the limits of the city any specified area:
Provided that when an area is excluded from the limits of any municipal area, such area notwithstanding such exclusion shall continue to be within the limits of the municipal area until the area so excluded is included in a duly constituted Panchayat area.
406. Effect of inclusion.-
(1) When the said area is included within the limits of the city under section 405,-
(a) the Municipal Law or any other Act dealing with local self government, as the case may be, if in force in such area shall be deemed to be repealed therein; and
(b) except as the Government may otherwise by notification in the Gazettee direct, all rules, byelaw, regulations, notifications, orders, directions and powers made, issued or conferred under this Act and in force at the date of inclusion shall apply to the said area, in supersession of all corresponding rules, byelaw, regulation, notifications, orders, directions and powers made, issued or conferred under the Act deemed to be so repealed.
(2) The Government may issue such orders as may be necessary to give effect to the inclusion of the said area and any matters incidental or ancillary thereto.
407. Exclusion of specified areas from the operation of certain provisions.-
(1) The Government after consulting the Corporation may, by notification in the Gazette and in such other manner as it may determine, declare its intention to exclude any specified area within the limits of the city from the operation of such provisions of this Act, as are, in the opinion for the Government, unsuited there to, and thereupon the said provisions shall cease to have effect in the said area.
(2) The Government may make rules for the guidance of the municipal authorities and public officers in respect of the matters covered by the said provisions while the area is excluded. 172 | P a g e
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GENERAL PROVISION
408. Power of authority to require any one or more or a number of things to be done.---
Where a power is expressed as being conferred on any authority to require a person to do a number of things, that authority may from time to time in its discretion require that person to do any one or more of those things.
409. Determination of owner or occupier where there are gradation of owner or occupier.--
Whenever any right is conferred or duty is imposed, by or under this Act or by any rule or byelaws made thereunder, on the owner or occupier of any premises, and, in consequence of there being gradations of owners or occupiers, doubt arises as to who is the owner or occupier entitled to exercise such right or bound to perform such duty, the Commissioner may, after due inquiry, determine from time to time which of such owners or occupier shall be deemed to be so entitled or bound.
Provided that if the name of any one such owners or occupiers has been entered in the assessment list in pursuance of any decision given by the Commissioner, such owner or occupier shall be deemed to be so entitled or bound until his name is duly removed from the said assessment list.
410. Councillors and Municipal Officers, etc., to be deemed public servants.--
Every officer or servant in the employ of the Corporation whether for the whole part of his time, and every Councillors of the Corporation shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860.
411. Prohibition of obstruction to municipal Contractors. --
No person shall obstruct or molest any person with whom the Commissioner has entered into a contract in the performance or execution of his duty, or of anything which he is empowered or required to do by virtue or in consequence of this Act or any rule or byelaws made thereunder.
412. Prohibition of removal of marks.--
No person shall remove any marke set up for the purpose of indicating any level, measurement or direction necessary to the executing of works authorised by this Act or by any rule or byelaws made thereunder.
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CONSTRUCTION OF REFERENCE
413. Construction of references. - In every enactment or instrument in force when the provisions of this Act are applied to a city unless a different intention appears ---
a. all references to the municipal area shall be construed in respect of the city as references to the area within the limits of the city;
b. all references to the Municipal Committee, Municipal Council, Municipal Board or the Municipality of the City shall be construed in respect of the city, as reference to the Corporation for the city constituted under this Act;
c. all references to the President or Vice-President of the Municipality shall be construed in respect of the City as reference to the Mayor or the Deputy Mayor, as the case may be ; d. all reference to the members of a Municipality shall construed as references to the Councillors referred to in section 9; and
e. all references to any chapter or section of the Municipal Law shall as for as possible be construed in respect of the city as references to this Act or to its corresponding chapter or section.
Supplemented Provisions
414. Informalities and errors in assessment, notice, bills, etc., not to be deemed to invalidate such assessment, etc. ---
1. Any informality, clerical error, omission, or other defect, in any assessment made, or in any distress levied or attachment made or in any notice, bill, schedule, summons or other document issued under this Act or under any rule or byelaw may at any time, as far as possible be rectified.
2. No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other document invalid or illegal, if the provisions of this Act and of the rules and byelaws have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by a suit in a court of competent jurisdiction or in any distress levied or attachment made.
415. Dispute between Corporation and local authorities.--
If any dispute arises between the Corporation and any local authorities as regards anything done or to be done under this Act, it shall be referred to the Government for decision and such decision may include an order as to the costs of any enquiry ordered by the Government, and shall be final:
Provided that it shall be competent to the Corporation and the local authority to agree in writing that any such dispute shall, instead of being referred to the Government for decision, be referred to the decision of an arbitrator or arbitrators appointed under the Arbitration Act 1940, or to a Civil Court under Section 90 of the Code of Civil Procedure, 1908.
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416. Dispute between Government and Corporation. --
1. If at any time it appears to the Government that a dispute has arisen or is likely to arise between the Government and the Corporation as to the interpretation of any of the provisions of this Act or of any of the rules or byelaws made there under, which is of such a nature and of such public importance that it is expedient to obtain the decision of the High Court upon it, the Government may refer the question to the High Court for consideration and the High Court may, after such hearing as it thinks fir, give its decision on the same.
2. The decision of the High Court under sub-section (1) shall be binding on the Government and the Corporation.
3. Nothing in this section shall derogate from the authority of the Government as laid down in Chapter XXXVI.
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PART IX
Chapter XXXVI
CONTROL
417. Power of Government to require returns, etc.-
(1) The Government may require the Commissioner to furnish it with-
(a) any return, statement, estimate, statistics or other information regarding any matter under the control of any Municipal authority of the city.
(b) a report on any such matter, or
(c) a copy of any document in his charge or under his control.
(2) The Government may, at any time, for the purpose of satisfying itself as to the legality or property of any order passed by the Commissioner or any officer subordinate to him in exercise of the powers conferred by or under this act, or as to the regularity of the proceedings of any meeting of the Corporation or Mayor-in-Council, held in pursuance of the provisions of this act call for and examine the record of any case pending before or disposed of by the Commissioner, the Corporation or a Mayor-in-Council and may pass such order in reference their to as it thinks fit:
Provided that no order shall be varied or reversed unless notice has been given to the parties interested to appear or to be heard in support of such order.
417-A Power of the Government to depute officers to make enquiry, inspection or examination and report,-
(1) The Government may depute Divisional Commissioner, Director, Urban Administration or Collector to make an enquiry into the affairs of a Corporation or inspection or examination of any department, office, service, work or thing under the control of any Corporation authority and to report to it the result of such enquiry, inspection or examination.
(2) any officer so deputed may, for the purpose of making such enquiry, inspection or examination, inspect the condition of any part of the city and mayrequire the commissioner.
(a) to produce any record , correspondence, plan or document which is in his possession or under his control or which is recorded or field in his office or in the office of any officer or servant of the Corporation; or
(b) to furnish any report, return, plan, estimate, statement, account or statistics, and may examine such witnesses as he thinks fit.
(3) Every requisition made under this section shall be complied with by the Commissioner, without delay.
418. Power of Government to require Municipal Authority to take action.-
If the Commissioner fails within such period as may have been fixed by the Government to comply with a requisition under section 417 or if on receipt of any report submitted under section 417-A or on any complaint or information it appears to the Government that -
(a) any of the duties imposed by or under this Act or by any other law for the time being in force has not been performed or has been performed in an imperfect, inefficient or unsuitable manner ; or
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(b) the Corporation, the Mayor-in-Council the Commissioner or any other officer or servant of the Corporation has failed to take such measures in any matter as appear to the Government to be require by the circumstances of the case; or
(c) adequate financial provision has not yet been made for the performance of any such duty or the taking of any such measure; the Government may be return order, direct the Corporation, the Mayor-in-Council, the Commissioner, or any other officer or servant of the Corporation within a period specified in the order-
(i) to make arrangements to the satisfaction of the Government for the proper performance of the duties referred to in clause (a) or to take such measures as may be specified by the Government in connection with any matter referred to in clause(b), or to make financial provision to the satisfaction of the Government for the performance of any such duty or for the taking of any such measure, as the case may be, or
(ii) to show cause to the satisfaction of the Government against the making of such arrangements, the taking of such measures or the making of such provision, as the case may be,
418-A Power of State Government to issue directions for implementation of welfare measures-
(1) If the State Government desire to implement certain welfare measures in respect of housing public utility, sanitation or health of the public it may issue directions to the Corporation for implementing the welfare measures specified in the directions.
(2) On receipt of directions under sub section (1), the Corporation shall comply, with the said directions.
418-B.- Public opinion to be obtained-
Notwithstanding anything contained in this Act the Corporation shall obtain public opinion on any question of public interest and in such manner as may be directed by the State Government.
419. Procedure by Government when municipal authority fails to take action.-
(1) Within the period fixed by any order issued under section 418, or directions issue under section 418-A, any action directed there under has not been duly taken, ,or cause has not been shown as aforesaid, the Government may, by order-
(a) appoint some person to take the action so directed;
(b) fix reasonable remuneration to be paid to him, and
(c) direct that such remuneration and the cost of taking such action shall be defrayed out of the municipal Fund and, if necessary, that any one for more of the taxes authorized by Chapter-XI shall be levied or increased.
(2) the person appointed under sub section(1) may, for the purpose of taking the action directed under section 418 exercise any of the powers conferred on any officer of the Corporation by or under this Act, including the power to draw cheques on the account of the Municipal Fund.
(3) Any Bank or Society having the custody of any account referred to in sub-section (2) shall be bound to honor cheques drawn as aforesaid on that account to the extend of the amount standing to the credit of the Municipal Fund.
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(4) The Government may , in addition to or instead of directing under sub-section(1) the levy for increase of any taxes direct by notification that any sum of money which may, in its opinion, be required for giving effect to any order issued under that sub-section be borrowed, by way of debenture on the security of all or any of the said taxes, at such rates of interest and upon such terms as to the time or repayment and otherwise as may be specified in the notification.
(5) The provisions of Chapter IX shall apply to any loan raised in pursuance of sub section (4).
420. Power to demand punishment or dismissal.-
Notwithstanding anything contained in this Act, if in the opinion of the Government any officer or servant of the Corporation is negligent in the discharge of his duties the Corporation shall, on the requirement of the Government, suspend, fine or otherwise punish him and if in the opinion of the Government he is unfit for his employment the Corporation shall dismiss him.
421. Power of Government to suspend any resolution or order.-
(1) If, the Government is of opinion that the execution of any resolution or order of the Corporation or of any other authority or officer subordinate there to or the doing of any act which is about to be done or is being done by or on behalf of the Corporation, is n ot in conformity with law or with the rules or byelaws made there under, or is likely to lead to a breach of the peace or to cause injury or annoyance to the public or to any class or body or persons or is likely to cause waste of or damage to Municipal funds, the Government may, by order in writing, suspend the execution of such resolution or order or prohibit the doing of any such act.
(2) A copy of the order of the Government shall be sent to the Corporation by the Government.
(3) On receipt of copy of the Order as aforesaid, the Corporation may, if it is of opinion that the resolution, order or act is not in contravention or excess of the powers conferred by any law for the time being in force, or the execution of the resolution or the doing of the act is not likely to cause waste of or damage to Municipal funds, make a representation to the Government against the said order.
(4) The Government may, after considering the said representation, either cancel, modify or confirm the order passed by it under sub-section (1) or take such other action in respect of the matter as may in the opinion of the Government be just or expedient having regard to all the circumstances of the case.
422. Dissolution of the Corporation.-
(1) The State Government may, b y and order, stating the reasons thereof, dissolve the Corporation, if -
(a) at any time upon representation mad e or otherwise the State Government is satisfied that the Corporation is not competent to perform or persistently makes default in the performance of the duties imposed on it by or under this Act or any order law for the time being in force or exceeds or abuses its powers, or
(b) the Corporation fails to elect a Speaker within one month from the date of the publication of the election of the Councillors in the Gazette by the State Election Commission after every 178 | P a g e
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general Election of the Councillors on the expiry of the term of the Speaker within one month thereof, or
(c) omitted Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution.
(2) An order passed under sub-section (1) shall take effect from the date of its publication in the official gazette.
422-A. Omitted
423. Consequence of dissolution.-
(1) When the Corporation is dissolved under section 422, the following consequences shall ensue:-
(a) all Councillors and Mayor shall vacate their office from the date the order of dissolution of the Corporation comes into effect.
(b) all powers and duties of the Corporation, the Mayor-in-Council and the appeal committee under this act, may, until the Corporation is reconstituted be exercised and the performed by such person or a committee of persons as the State Government may appoint in that behalf.
(c) all property vested in the Corporation shall, until the Corporation is reconstituted, vest in such person or committee in trust for the purposes of this act.
(2) The person or the committee of persons appointed under clause(b) of sub-section(1) shall be called the Administrator of the city and may sue and be sued in the name of the "the Administrator of the City".
(3) The Administrator of the City shall be subject to the control of the Government and such other person or persons as it may direct, and shall be subject also to all other restrictions, limitations, and conditions imposed by this act on the Corporation, and the Mayor-in-Council and the Appeal Committee.
(4) Any person or persons appointed under clause (b) of sub-section (1) may, at any time be removed by the State Government who shall have power to appoint another person or persons, as the case may be, in his or their place of places.
(5) The person or persons appointed under clause (b) of sub-section(1) may, if the State Government so directs, receive payment for his or their services from the Municipal Fund.
424. Omitted
425. Enforcement of order.-
In all matters connected with this Act, if the Corporation makes default in carrying out any order made by the Government or by any authority other than the Corporation in exercise of any of the powers conferred by this Act or any rule made there under, the Government shall have all the powers necessary for the enforcement of such order at the cost of the Corporation.
425.A. Certain officials entitled to attend meeting of corporation or Mayor in Council
Any officer of the Education, Public Works, Medical Sanitary and other Technical Departments whom the Government may be general or special order appoint in this behalf, shall be entitled to 179 | P a g e
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attend any meeting or the Corporation or Mayor in Council and address it on any matter concerning the work of his department.
426. Rules for inspection of institution and works of Corporation
The Government may make rules authorising inspection under this Act by servants of the Government, of Institutions and works which are under the Management and control of the Corporation and regulating such inspection.
426.A. Removal of difficulties.--
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act which appears to it to be necessary or expedient for the purpose of removing the difficulty.
426. B. Delegation of powers.--
The State Government may, by notification delegate to any officer subordinate to it all or any of the powers conferred upon it by or under this Act expect the power under section 422. 180 | P a g e
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PART X
Chapter XXXVII
BYELAWS
427. Byelaws.-
The Corporation may, and if so required by the Government, shall make byelaws consistent with the provisions of this Act and the rules made there under for carrying out the provisions and intentions of this Act, and in particular and without prejudice to the generality of the foregoing power, it may, make byelaws to regulate all or any of the following matters namely:-
428. Penalties for breach of byelaws-
(1) In making a byelaw under Section 427 the Corporation may provide that a breach or any abatement of a breach of it shall be punishable-
(a) with fine may extend to five thousand rupees and in the case of a continuing breach, with fine which may extend to one hundred rupees for each day during which the breach continues after conviction for the first breach; or
(b) with fine which may extend to ten rupees for every day during which the breach continues after receipt of written notice from the Commissioner to discontinue the breach.
(2) In lieu of or in addition to such fine, the Magistrate may require the offender to remedy the mischief so far as in his power.
429. Hearing by Corporation of objections to proposed byelaw-
No byelaw shall be made by the Corporation, unless-
(a) a notice of the inten- tion of the Corporation to take such byelaw into consideration shall be given continuously for two days in such two daily newspapers which are in the approved list of Government for advertisement purpose having circulation in the area to which it relates and a copy thereof shall be affixed in a conspicuous place in the office of the Collector, in the office of the Municipal Corporation and in the area to be affected by such byelaw and announcement of such byelaw shall also be made on loud-speaker in such area at least six weeks before the date on which the Corporation finally consider such byelaw.
(b) a printed copy of such byelaw shall have been kept at the chief municipal office and made available for public inspection free of charge by any person desiring to pursue the same at any reasonable time for at least one month from the date of the notice given under clause (a);
(c) printed copies of such byelaw shall have been delivered to any person requiring the same on payment of such fee for each copy as shall be fixed by the Commissioner;
(d) all objections and suggestions which may be made in writing by any person with respect there to within one month of the date of the notice given under clause (a) shall have been considered by the Corporation.
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430. Byelaws to be subject to sanction of Government.-
(1) No byelaw made by he Corporation under this Act shall have any validity until it is confirmed by the Government.
(2) Before sanctioning any such byelaw the Government may modify it.
(3) The Government my cancel its confirmation of any such byelaw and thereupon the byelaws shall cease to have effect.
431. Publication of byelaws and rules in Gazette and effect of such publication.-
All byelaws made and confirmed under this Act shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.
432. Government may modify or repeal byelaws.-
(1) If it shall at any time appear to the Government that any byelaws should be modified or repealed either wholly or in part, it shall cause its reasons for such opinion to be communicated to the Corporation and prescribe a reasonable period within which the Corporation may make any representation with regard thereto which it shall think fit.
(2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the Government may at any time by notification in the Gazette, modify or repeal such byelaw either wholly or in part.
(3) The modification of repeal of a byelaw under sub-section (2) shall take effect from such date as the Government shall in the said notification direct or, if no such date is specified, from the date of the publication of the said notification in the Gazette, except as to anything done or suffered or omitted to be done before such date.
432-A. Model byelaws.-
(1) The State Government may, from time to time make model byelaws for any matter in respect of which a Corporation is empowered to make byelaws under this Act, and publish them in the Gazette for the guidance of Municipality.
(2) It appears to the State Government that in any Corporation byelaws are necessary for any matter in respect of which model byelaws have been published under sub-section (1) it may require the Corporation to adopt such model byelaws modified to suit local conditions.
(3) If any Corporation fails to comply with a requisition made under sub-section (2) within six months of he making thereof the State Government may apply to such Corporation the model byelaws with such modifications, if any, as it thinks fit.
433. Power of State Government to make Rules.-
(1) The State Government may make Rules for the purpose of carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for the following matters, namely:-
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(a) the manner of making applications for permission to borrow money; the enquires to be made in relation to loans and the manner of conducting such enquiries; the inspection of any works carried out by means of loans and utilization of unexpended balances of loans etc.;
(b) the returns, statement and reports to be submitted by the Municipality;
(c) any other matter which is to be or may be prescribed.
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PART XI
Chapter XXXVIII
PUNISHMENT OF OFFENCES
434. Certain offences punishable with fine -
1. Whoever ---
a. contravenes any of the provisions of this Act or of the Rules or byelaws made thereunder mentioned in the first column of the following table, or
b. fails to comply with any direction lawfully given to him or any requisition lawfully made upon him under any of the said provisions or Rules or byelaws.
shall be punishable with fine which may extend to the amount mentioned in the third column of the said table.
c. Whoever after having been convicted of any offence under clause (a) or (b) of sub- section (1), continues to commit such offence shall be punished for each day after the first during which he continues to commit so to commit offence, with fine which may extend to the amount mentioned in the fourth column of the said table---
| Section, sub section or clause |
Brief reference to subject matter |
Maximum fine which may be imposed |
Daily fine which may be imposed when the offence is a continuing one |
| 1 |
2 |
3 |
4 |
| Section 203 |
New building not be erected without drains |
Five thousand rupees |
Two thousand rupees |
| Section 205 |
Owner of land to allow |
Five thousand rupees |
Fifty rupees |
| Sub-section (1) |
other to carry drains through the land. |
- |
- |
| Section 206 |
Owner of land to allow use thereof right ownership therein to others. |
Five hundred rupees |
Fifty rupees |
| Section 208 |
Resistance to order of the Commissioner regarding use of joint ownership of a drain |
Five hundred rupees |
One hundred rupees |
| Section 209 |
Resistance to Commissioner draining premises in combination |
Five hundred rupees |
One hundred rupees |
| Section 210 |
Resistance to the Commissioner constructing drains of failure to maintain and keep in repair portion of a drain vesting in an owner. |
Five hundred rupees |
Fifty rupees |
| Section 211 |
Resistance to the Commissioner affixing shafts or pipes for ventilation of drains |
Five hundred rupees |
One hundred rupees |
| Section 246 |
Establishment of factory etc. without permission of the Commissioner. |
Five hundred rupees |
Five hundred rupees |
| Section 248 |
Storing dangerous or offensive article or |
Five thousand rupees |
Five hundred rupees |
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carrying on dangerous or offensive trades. |
|
|
| Section 254 Sub-section (1) |
Keeping open a private market without permission |
Two thousand five hundred rupees |
Two hundred fifty rupees |
| Section 254 Sub-section (2) |
Establishment, removal, opening, re-establishment or enlarging of private market without permission |
Five thousand rupees |
Five hundred rupees |
| Section 255 |
Selling animals, meat etc. outside market without a licence |
One thousand rupees |
Five hundred rupees |
| Section 257 Sub-section (3) |
Slaughter of animals with out permission outside municipal slaughter house. |
Five thousand rupees |
- |
| Section 259 |
Sale of diseased or unwholesome animals or article intended for human food. |
One thousand rupees for a first offence and five thousand rupees for any subsequent offence |
- |
| Section 260 |
Keeping adulterations in place where butter ghee, etc. are manufactured |
One thousand rupees |
- |
| Section 261 |
Sale, etc. of notified article which is not of prescribed standard of purity. |
One thousand rupees for a first offence and five thousand rupees for any subsequent offence |
- |
| Section 262 |
Sale, etc. of substitutes |
One thousand rupees for a first offence and five thousand rupees for any subsequent offence |
- |
| Section 267 Sub-section (3) |
Removing interfering or tampering with animal, food, drink, drug, etc. seized and left in custody. |
One thousand rupees |
- |
| Section 272 |
Failure to give information of existence of dangerous diseases. |
Five thousand rupees |
- |
| Section 289 sub section (1), clauses (a), (b), and (d) |
Prohibition of burials etc. without permission |
Five thousand rupees |
- |
| Section 289 sub section (1), clauses (c) |
Burial to burning of any corpse at any other place which is not a burial or burning ground. |
Five thousand rupees |
- |
| Section 291 |
Erection or re-erection of building in contravention of a town planning scheme. |
Five thousand rupees |
Five hundred rupees |
| Section 293 |
Prohibition of erection or re-erection of buildings without permission of the Commissioner |
Five thousand rupees |
Five hundred rupees |
| Section 301 Sub section (1) |
Notice to be given to the Commissioner on completion of building |
Five hundred rupees |
- |
| Section 301 Sub section (4) |
Prohibition of occupation of new or re-erected |
Five thousand rupees |
One hundred rupees |
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building without permission of the Commissioner |
|
|
| Section 309 Sub section (3) |
Entering into or remaining in a building which has been declared unfit for human habitation |
Five thousand rupees |
One hundred rupees |
| Section 310 Sub section (1) |
Requisition to remove or repair building in ruinous or dangerous state. |
Five hundred rupees |
Fifty rupees |
| Section 310 Sub section (3) |
remaining in ruinous or dangerous building from which occupants have been removed. |
Two thousand rupees |
One hundred rupees |
| Section 318 Sub section (1) |
Prohibition of projections upon street etc. |
Two thousand rupees |
One hundred rupees |
| Section 318 Sub section (2) |
Requisition to remove the same |
Two thousand rupees |
One hundred rupees |
| Section 324 |
Requisition to alter ground floor doors, etc. opening on roads, or streets etc. |
One thousand rupees |
One hundred rupees |
| Section 325 |
Requisition to remove projections upon streets etc. |
Two thousand rupees |
Five hundred rupees |
| Section 328 Sub section (1), |
Laying out of private streets otherwise than in accordance with the permission of the Commissioner. |
Five thousand rupees |
Five hundred rupees |
435. Punishment of certain offence ---
Whoever contravenes any provisions of Section 229, 230, 285, 375, 411, or 412 or any order made thereunder, or fails to comply with any lawful direction or requesting under any of the said provisions, shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees or with both.
436. Power of Commissioner in the event of non-compliance----
Whenever the terms or any one of the terms of a notice are not complied with, the Commissioner may after hours' notice cause the term or terms to be complied with through Municipal agency.
437. Penalty for obstruction---
Any person who wilfully obstructs any Corporation authority, or any Corporation officer or servant, or any person authorised by any Corporation authority in the exercise of powers conferred by this Act or any rules or byelaws made thereunder shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to five thousand rupees or with both.
438. Punishment for acquiring share or interest in contract, etc. with Corporation.---
If any Councillor, Corporation Officer, or servant knowingly acquired, directly or indirectly by himself or a partner or employer or employee, any share or interest in any contract or employment with, by or on behalf of, the Corporation, not being a share or interest permissible under sub-section (3) of Section 59 for an officer or servant of the Corporation to have without 186 | P a g e
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being thereby disqualified from employment of the Corporation, he shall be punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.
439. Punishment for essential officer or servant leaving employment ---
1. Any essential officer or servant contravening any of the provisions of Section 64 or 65 shall be punishable with imprisonment which may extend to six months or with fine, which may extend to one thousand rupees or with both.
2. An offence punishable under sub-section (1) shall be cognizable and the provisions of the Code of Criminal Procedure, 1898, with respect to the cognizable offences shall, as far as may be, apply thereto.
440. General penalty.--
Whoever contravenes any provision of this Act or rules, byelaw, regulation, licence permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or by punished with fine which may extend to one thousand rupees and if the contravention or failure is a continuing one with fine which may extend to two hundred rupees for every day on which such contravention or failure continues after the first conviction. Provided that when the notice or requisition fixes a time within which a certain act is to be done and no time is specified in this Act it shall rest with the Magistrate trying an offence under this Section to determine whether the time so fixed was reasonable for purpose of compliance with the notice or requisition.
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Madhya Pradesh Municipal Corporation Act, 1956
PART XII
CHAPTER XXXIX
ELECTION PETITIONS
441. Election Petitions.-
(1) No election or nomination under this Act shall be called into question except by a petition presented in accordance with the provisions of this section.
(2) Such petition may be presented on one or more of the grounds specified in section 441-B.
(a) by any candidate at such election or nomination; or
(b) (i) in the case of an election of a Councillor, by any voter of the ward concerned;
(ii) in the case of nomination of a Councillor, by any Councillor,
(iii) in the case of election of Mayor, by any voter of the Municipal area to the Principal Civil Court of original jurisdiction (hereinafter referred as the Court) within the local limits of whose jurisdiction the election or nomination was held.
(3) No petition presented under sub-section (2) shall be admitted unless-
(i) it is presented within thirty days from the date on which the result of such election or nomination was notified in the Gazette; and
(ii) it is accompanied by the Government Treasury receipt showing a deposit of two hundred and fifty rupees.
(4) a petitioner shall join as respondents to his petition-
(a) where the petitioner, in addition to claming a declaration that the election or nomination as the case may be, of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidates has been duly elected or nominated all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates;
(b) any other candidate against whom allegations of any corrupt practices are made in the petition.
(5) An election petition shall-
(a) contain a concise statement of the material facts on which the petitioner relies;
(b) with sufficient particulars, set forth the ground or grounds on which the election or nomination is called in question;
(c) be signed by the petitioner and verified in the manner prescribed in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings.
441-A. Relief that may be claimed by the petitioner.-
A petitioner may claim-
(a) a declaration that the election or nomination of all or any of the returned candidates is void; and
(b) in addition there to, a further declaration that he himself or any other candidates has been duly elected or nominated.
(2) The expression "returned candidate" means a candidate whose name is notified in the Gazette under section 22.
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Madhya Pradesh Municipal Corporation Act, 1956 441-B Grounds for declaring elections or nomination to be void.-
(1) Subject to the provisions of sub-section (2), if the Court is of the opinion-
(a) that on the date of his election or nomination a returned candidate was not qualified or was disqualified, to be chosen as a Mayor or a Councillor; or
(b) that any corrupt practice has been committed by a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election, or nomination in so far as it concerns a returned candidate has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by a corrupt practice having been committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or
(iii) by the improper acceptance or refusal of any vote or rejection of any vote which is void; or
(iv) by the non-compliance with the provisions of this Act or of any rules or orders-made there under save the rules framed under section 14 in so far as they relate to preparation and revision of list of voters;
the Court shall declare the election of the returned candidate to be void.
(2) If the opinion of the Court a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied-
(a) that no such corrupt practice was committed at the election or nomination by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or nomination; and
(c) that in all other respect the election or nomination was free from any corrupt practice on the part of the candidate or any of his agents; then, the Court may decide that the election or nomination or the returned candidate is not void.
441-C. Procedure to be followed in disposal of election petition.-
An election petition shall be enquired into an disposed of according to such summary procedure as may be prescribed by rules made under this Act.
441-D. Decision of Election Petition.-
(1) At the conclusion of the trial of an election petition, the Court shall make an order-
(a) dismissing the election petition; or
(b) declaring the election or nomination of all or any of the returned candidates to be void; or
(c) declaring the election or nomination of all or any of the returned candidates to be void and the petitioner and any other candidate to have duly elected or nominated.
(2) If any person who has filed an election petition has, in addition to calling in question the election or nomination of the returned candidate, claimed declaration, that he himself or any other candidate has been duly elected or nominated and the Court is o0f opinion-
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or 189 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956
(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes;
the Court shall, after declaring the election or nomination of the returned candidate to be void , declare the petitioner or such other candidate, as the case may be , to have been duly elected or nominated.
(3) At the time of making an order under this section, the Court shall also make an order-
(a) where any charge is made in the petition of any corrupt practice having been committed at the election or nomination recording-
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or nomination and the nature of that corrupt practice; and
(ii) the name of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable, and specifying the person by and to whom costs shall be paid:
Provided that a person who is not an party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless-
(a) he has been given notice to appear before the Court and show cause why he should not be so named ; and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross- examining any witness who has already been examined by the Court and has given evidence against him, of calling evidence in his defence and of being heard. 441-E. Procedure in case of equality of votes.-
If during the trial of an election petition it appears that there is an equality of votes between any candidate at the election or nomination and that an addition of a vote would entitle any of those candidates to be declared elected or nominated then, the court shall decide between them by lot and proceed as if the one for whom the lot falls had received an additional vote.
441-F. Finality of decisions.-
(a) no appeal shall lie against the decision of the Court on the petition.
(2) Any person aggrieved by the decision of the Court on the petition may within thirty days from the date of such decision apply to the High Court for revision on any of the following grounds:-
(a) that the decision is contrary to law;
(b) that the Court has exercised jurisdiction not vested in it by law or has failed to exercise a jurisdiction vested in it by law;
but subject to such orders as the High Court may pass thereon, such decision shall be final.
441.G . Disqualification arising out of corrupt practices.-
If any person, after the commencement of this Act, is, upon the trial of an election petition there under, found guilty of any corrupt practice, he shall, for a period of five years from the date on which such finding takes effect, be disqualified for voting at any election. Provided that the State Government may, by notification, remove the disqualification incurred under this section with effect from such date as may be specified therein. 190 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956 441-H.Corrupt practices.-
The following shall be deemed to be corrupt practices for the purposes of this Act:-
(i) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951).
(ii) Undue influence as defined in clause (2) of the said section.
(iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or, the use of, or appeal to national symbols such as the national flag or the national emblem for the furtherance of the prospects of that candidate's election.
(iv) The publication by a candidate or his agent or by any other person with the consent of a candidate or his election 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 or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for purpose of going to or coming for any such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation.- In this clause the expression 'vehicle' means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(vi) The holding of any meeting in which intoxicating liquors are served.
(vii) The issuing of any circular, play card or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof. (vii-a) The incurring or authorizing of election expenditure in excess of the amount prescribed under section 14-A.
(viii) Any other practice which the State Government may prescribe by rules to be corrupt practice.
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Madhya Pradesh Municipal Corporation Act, 1956
PART XIII
Chapter XL
TRANSITORY PROVISIONS
442. Transitory provisions.-
(1) On and from the date this act is made applicable to any city, the following consequences shall ensure, namely:-
(a) the Municipal Council of the City existing immediately before the date aforesaid shall cease to exist and all the councilors thereof shall vacate their offices;
(b) the administration of the Corporation shall vest in the administrator who shall be appointed by the Government;
(c) the administrator shall be deemed to be the corporation and shall exercise the powers and perform the duties conferred or imposed by or under this Act on the corporation, the Mayor-in- Council , the Appeal Committee and the Commissioner:
Provided that the Administrator shall case to exercise the powers and perform the duties conferred or imposed by or under this Act on the Commissioner with effect from the date the Commissioner is appointed in accordance with the provisions of this Act;
(d) all municipal officers and servants employed by the Corporation under this Act, as if they had been appointed under section 58.
(3) The administrator shall cease to hold office on the date appointed for the first general meeting of the newly constituted corporation after such elections.
(4) Any person appointed Administrator under sub-section (1) shall receive from the Corporation fund for his services such pay and allowances as may be fixed by the Government.
(5) Notwithstanding anything contained in this Act or anyn rule or bye-;aw made there under, the conditions of service, pay and allowances existing in respect of all permanent officers and servants of the said Municipal Council on the date immediately before the date referred to in sub- section (1) shall be deemed to be their existing conditions of service, pay and allowances under this Act:
Provided that the service rendered by such officers and servants before the date referred to in sub-section (1) shall be deemed to be service rendered in the service of the corporation. 192 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956 Chapter XLI
INDUSTRIAL TOWNSHIP
443. Industrial Township.-
(1) For every industrial township notified under the proviso to sub-section(1) of section 7, there shall be a Township Committee with shall be a body corporate by the name of Industrial Township Committee and shall have perpetual succession and a common seal and shall have power to acquire hold and dispose of property and to enter into contract and shall by the said name sue and be sued.
(2) The Township Committee shall consist of such number of members as may be prescribed.
(3) Out of the total number of members determined under section (2) one third members shall be elected from the wards of Industrial Township, one-third shall be nominated by the State Government and one-third shall be nominated by the Industrial Establishments situated in the Industrial Township in the manner prescribed.
(4) The State Government shall, by notification, in the Official Gazette, determine the number and extent of wards to be constituted within the area of each Industrial Township and only one member shall be elected from each ward.
(5) The Superintendence, direction and control of the preparation of electoral rolls for, and conduct of election of members of the Committee shall be vested in the State Election Commission and the provisions of the Madhya Pradesh* Nagar Palik Nirvachan Niyam, 1994 shall apply to such election mutatis mutandis.
(6) The members of the Township Committee referred to in sub-section (3) shall, as soon as may be, elect two members from amongst themselves to be respectively President and Vice-President in the manner prescribed.
(7) Every township Committee shall have one Executive Officer to be appointed by the State Government on deputation.
(8) Every Township Committee shall continue for five years from the date of the election of its President and Vice-President.
(9) As soon as seat of a member becomes vacant it shall be filled in the following manner-
(i) if a seat of an elected member becomes vacant, the Executive Officer of the Committee shall inform the State Election Commission forthwith for filling of the vacancy;
(ii) is a seat of nominated member becomes vacant the Executive Officer shall inform the State Government or the Industrial Establishment, as the case may be:
Provided that if the remaining period of the Committee is less than six months such vacancy shall not be filled in.
(10) The functions and powers of Township Committees and the procedure for the conduct of their business shall be such as may be prescribed.
(11) The source of income of every committee shall be mainly the contribution from the Industrial Establishment as may be prescribed by the State Government and such taxes and fees as provided in the Act may be imposed by, the Committee with the prior approval of the State Government. For every Township Committee there shall be constituted a Township Committee Fund bearing the name of the Township and there shall be placed in the credit thereof-
(a) Contributions made by the Industrial Establishments.
(b) Taxes and fees imposed by the Township Committee.
(c) All other sums received by or on behalf of he Township Committee. 193 | P a g e
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Madhya Pradesh Municipal Corporation Act, 1956
(12) The State Government may issue to the Township Committee, such general or special directions as to the policy, as it may think necessary and the committee shall be bound to follow and act upon such directions.
(13) Subject to such limitations and conditions, as may be imposed by the State Government, all other provisions of the Act shall apply to the Committee.
444. Omitted
445. Omitted
446. Omitted
194 | P a g e
195
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.la:l; 1,.4r- vlnri )|ti-
t;qr:r. r o,,tl rrr<,'r lr,r.rir:.,J :t l-- ;p4a.:1f ;r.]l":r-Jt{;: t.t\i,t,r_t,i:! !.1,1n,1 11 1;;i;i::1:.;:
. -:.1-'.t, ,rj:.,.t4:4- , -'..,r-.,.:,,, , . .n,..1 .:_,tt-) |.1 i.r... J,.r1.:,1r, )i .. , .,1. ;f4sl1 t.:i'ri,.l .r .,tll 4 i..)i :ta-!na-)i,
. t \ 1' .:-:.'-' -,'.;
214
793 0) unii€,ra irgtrd. fum I fu'rn..:orz CH I-IATTISCAI{t"t r\C l
(No. 14 ol 20li)
cll11.{ rTlscA tt}.t jvrtjNtctpAl- coRpolt'r\l to\ ( .\M[NDi\1ENl) Act', 20t7
An A.t furrhrr to ,mcnd the Chh{ttisgarh Mrrnici|rrl L.orporalion Act, l956 (No. 23 of le56).
lle it enrcled by lhe Chha[isgarh l.esisbtrre in rhc tiiLr -tirhth yc;rr rrf Lhe Republic t, r India. as li: llorrs :-
sh0l,l r ir l!. r\lrnI t I ) This Acr ma1,he called lhe ChharTilqarh \lLr icipal (.r)rforation (.,\,Ie ,nr!,rr)I)rnrcrx'r!1,
ndr.r1.nt, {ct. :0 l?. (?) lt rxrends to the ryholc Stare oaChhii(1is{urh
(i) lt sllall came into lbrce on :L:ch doll ils the SLiie (jovamncnt rlta! bt norificalion :n the ()t'tl(ial ca?err. appainl
ln lhe Chhaffisgarh Municipa, C .poration of li)i6). (he|einul'i.r SL{:ti0n I ll. ]tc1. lr)_i{i i\o. ] jrerbred to as rhe PrincipalAct), i Seclion r:.- ( ) i0 sirh-$ectjon ( I ). -
{i) inclause(i.lorthepltnfirlation.olon*.. thcponctuntionscrri.colori ''t" slullbe substinrledt a!1d
(ji) afier (lause (11. the lirllorvir{ shall bc I}J.,rrcd. na|r(,}1, :, ''(g) a t$\ lo tle called the r'nteni,tirlnteIL rar. pavable by ser,.i.u providers ofclL:lc f. V 0nrl dirqt rrr honre 1Dl|1) teltvisrt,n services othet Ihilr l)oordaril]an:
lh) a uess pa-t.able bl.acJ\efliring scr!rcc providars on ()utdoof adYertijernents includint hoarrliirgs.
lxplaration t- Advcrlisrnlent publishcd in lcwspapers or. telecast or tht re,evision shall oor bc incl11dc(1.'
(b) at'ic. s0b-section (-l). thc ibllo\!ing shall be inserle.l, Jtillrlel), :_ - (5-,t ) 'fhe tix urrde r claue* (g) of \{rb-s.* i,n (I,,i|nllbe l.-!ied ar srrch llrrs and in suclt r::anner. as ntav be pi*cr.ilrcil b\ ille (lles:
prorldedthattllcStare(r,,r.-r.rur!firrL.]\,1Pi,o,rt.lrn.rrrl,icrllr\ a!ld ibr stclt p{riod as il m4! dscit:: rtrtl:slr.r.. ln0rher. ,ilcpaI.l]llcIl or lrJr! lga|cy aS iin ittoll lu Ctlii,t], lh(. lil\a! undcr \l)lil tlausc ol bchilli ol tlle Corpomtion.
(-s-lli A \ pirson l{urir:vcd 1,.\ illt\ orJet.,rilltr,( ,)lltl.lissi(,nct llt rcfperr i)l t.r\ under cla|llc (g) eI suh-secriu] I i] rnir\ le irn appeal bctorc tlrt Siafe Covernncnl in luch tnlnnr.r .t Lr ,r iitri| \u(h ljtn( .{\ llir\ ha I'rr.iir,br',i by nrl.,, in tl)i, rc,:. r..l
(ci io sub-lection (6). clil scs ( i) an{ (n1) 5hail br onririeJ
215
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(iLt
Ir: crcr', resrtlrrrllrl rOl\nr\ irr Lhc rllrlri!arIiil ireir- ()ul ()l tl). !()i.i .1t.,r r'iiiftl |j.rc.rtr t,l lilllll rh.tll lrt Lrrn:l'crrcrl l-\\ Illr !{rlo11r/cr i1, llle ( L, rr,i:.1.)frf lof (.( ijnarn iai ll\ ri cakr'r rrc:iLrr: i,r. .Lllai .rt \ L l\. liir \ ! 1!r ].iln:,1(.r r,,r,.r lrr 1.,.] i:r,r :rr l(,,.lrtilil!lraIatlriaria.,()r)riri-hrL:n]lri'rr:Ll lrr:;Lretlrt)lt inarit\illr.!... 1.,:.'-, r.,lrcLI IrrLr., iL.lrLl llllLl ilr! 'r,'c. li,cirilr,rl:in(l rllIl!ll)c! L,l \urli:r!,:r.,.,iri.i 'llr-l ((,nrlil r,jl\. tiltlll.r sLti:lt i,i lt.t\ hi l)rL.iatjlrarj b\ tha \liltc (re!.rilti.r I It'
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ané.1:a.3afim,w—Hfia.
CHHATTISGARH ADHINIYAM
(N0. | of
2002)
THE
CHHATTISGARH NAGAR PALlK NIGAM
(SANSODHAN) ADHlNlYAM,
2002 3
7
An Act further to amend the
Chhattisgarh Municipal Corporation
Act,
1956
Be it enacted
by
the
Chhattisgarh Legislature in
lhe
Fifty-Second
Year of the
Republic
of India as
follow :— Shori'rme and Cum- 1.
(1)ThisAcl may becallcdihc
Chhanisgarh Municipal Corporation
(Amendmcnl)
ACl. 2002. mcnceman
(2)11
shallcome in 10forceonsuchdatewhichtheState Government may by notification in the Official
Gazette.
appoint.
mime; arm,fan? 19man200234
(7)
Amendment to
the
Chhattisgarh
Municipal
Corporation Act,
1956
(No.
23 of
1956).
2. In
Section 135
ofthc
Chhattisgarh Municipal Corporation
Act,
1956
(No.
23 of
I956)
for the Amman"... of
"
words
Notmore [ha ten
percent",
th words
"not more
than
twenty percent
"shall be
substi-
Section 135. tuted.
W"
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(1)
211i (2)
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214
(3)
CHHATTISGARH ACT
(No. 6 of
2,003)
THE
CHHA'I'TLSGARH MUNICIPAL CORPORATION
(AMENDMENT)
.
_
ACT,
2003
' An Act
further to
amend
lhe
Chhauisgarh Municipal Corporation Act,
1956
(N0.
23
l956). of. Be it cnncwd
by
all:
Chhnuisgmh Legislature
in 1110
Fifty
lous' zyear 0f the
Republic
of
lndia as
folluws :-~-
I.
(l)
This Act may be called the
Chhaujsgarh Municipal Corporation (Amendment) Shun Title and
cm. Adhiniyflm, 2003
(NO. 6of
2003). umnoemem.
2) [Ishall come
into force {mm
date of its
nofificalinn in the
ul'ficial Garcue.
2.
In
sub—sectinn
(l)
and
(2')
ofSeclicn 19
ofChhauisgarh Municipal Corpomtion
Act,
1955 Amenfimem 01 Sac- (No. 23of
1956')
heminal'ler called
Principal
Act,
for words
"Divisional Commissioner" he
lion 19- words
"Dimclor Urban
Planning,
and
Dm'elopment"
shall be
substituted.
3. ln
Sub—section
(l), (2)
and
(3)
of
Section 23 of
thcl'rincépzd
Act.
fnrwords
"Divisional Amendment of
Sec- Comndssiuncr" the wards
"Dircctor Urban
Planning
and
Development"
shall he
subsumed.
"on 23-
4. ln
subsection
(l)
and
(2)
{sf
Section 24
of the
Principal.
Am. for words
"Divisianal Commi-
'
émcfldmem
0'
5°C"
, ssioner" lhc
wgu'ds
"Dircczor Urban
Planning
and
Dcvclopmcul"
shall be
subsliluled.
'"m
24' 5' ln
sub—xectioM l)ufser:.linn
41-7 -A of the P:
incipal
Act.
fnrwonls"Divisional
Commissioner"
.lmcndmem
0'
SH:- slmll
he emincd and
For wrmls
"Director. Urban
z'ldlninislmiiou" the
words
"Director. Urban
"0""7'A' Planning
arid
Dcvelupmem"
shallbe
subsuluxcd. ',
.
0
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am
am
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mnemfiwifistNOs 402 (3) CHHATTISGARH ACl' (No.10 of
2005)
THE'CHHATTXSGARH
MUNICIPAL CORPORATION
(AMENDMENT)
l
'
ACT, 2005
,
' An Act
further
to amend The
Chhattisgarh Municipal Corporation
Act,
1956
(No.
23
of
1956).
o
Be itenacted
by the
Chhattisgarh Legislature inthe
Fifty-sixth yearof
Republic ofIndia as follows 2—-
'
1.' (1)ThisAct
may be
called
the
Chhattisgarh Municipal
Corporation
(Amendment)
Short
title&Com- mencemenl. Act,
2005.
(2) Itshallcomeintoforcefromthedateofits
publication intheOfficial Gazette.
0
For sub-section
(1), (2). (3). (4)
and
(5)
-of Section 48-13 of
Chhatdsgarh_Municipal'
AmendmentofSec- tion 48-11. Corporation Act, 1956 (No. 23of
1956) the
following
shall be
substituted,
namely :—
"(1) TheMohalla
Committees
shall be
constituted
withinsixmonths from
therdateof first
meeting of
the Council after the
election
of each
Municipal
Corporation.
(2) ThenumberofMohalla Committeesand
determinationof
their territorial area, number of
Members and
functions; powersandthe
procedure fortheconductof business shall be determinedinsuchmanneras
may be
prescribed
by theState '
Government." . -
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'CHHATTISGARH
ACT- (No.9
of
2009)
'
TIIE
CIIHAT'I'ISGARH
MUNICIPAL
CORPORATION
(SANSIIODHAN)
ACT, 2009
An
Act to
amend
the
Chhattisgarh Municipal
Corporation
Act,
.1956 23 of
1956) ..
(No. Be it
enacted
by
the
Chhattisgarh
Legislature in
the
Sixtieth Year
of the
Republic
of'4' «1
India as
follows: —
V
l.
(l)
This Act
may be
called the Chhattisgarh
Municipal Corporation (Sanshodhan)
Short
title, .» erttent, Act,
2009. and commencement. '
(2) It
extends to. the whole of
State
of Chhattisgarh.
(3) It
shallcome
into force
from
the
date
of
its
publication
in the
Official
Gazette.
I
'
2.
(
l)
Clause
(m)
of sub- section
(I)
of
Section 17
of
the
Chhattisgarh
lVlunicipal
Amendment
A'Of Corporation Act, I956
(No.23 of
l956) (hereinafter
referred
[to
as
the 17' 'Scc'l'm PrincipalAc
t)
shall be
omitted .-(2)
Clauseof(cc)
sub section
(2)
of
Section 17 of
the
Principal
Act shall be
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lATTlSGARl l ACT (No
ROOT'ZOlS) CHHAiTiSCARH MUNlCll'AL
CORPORATION
(AMENDMENT)
ACT.
2015
An
Act to further amend the
Chltattisgarh Municipal Corporation
Act,
1956
(No. 23of'
1956).
Be it enacted
by
the
Chhattisgarh Legislature
in the
Sixty—sixth
Year of the
Republic oflndia. as
follows
:-
snori title and
1,
(I)
This Act
may be called the
Chhattisgarh Municipal Corporation commencement.
(Amendment) Act, 20 l 5.
(2) ltshallcomeintoforcefromthe dateofits
publication
in the
Official Gazette. Amendment
of
.1 For
clause
(c)
of sub-section
(1)
of Section 9
of the
Chhattisgarh
Municipal Section 9. Corporation Act' 1956
(No. 23of
1956).
(hereinafter
referredtoasthe
Principal
Act). the following
shallbe
substituted
namely :-
"(cl
Persons notmarethan
fifteen
percent
of the
number
ofmunicipal
wards in the town.
nominated
by
the State
Government,
having special knowledge or
experience
in the
municipal
administration :
Provided that the
minimum number
of persons
to be nominated under this clause shall
be
eight:
Provided further that
only
a
person
residing withing
the
municipal area
and
being
otherwise not
ineligible
for election
as a
councillor may nominated."
Amendment
of
54) ln
Section BOS-A ot'the
Principal
Act,- Section
308-.\.
(i) lnsub-section
( l l.-
(a) for the
first
prtwiso. the
following
shall
be substituted.
namely
r»
"
Prm'ided that in cases
relating
to
unauthorized construction, the
following COI'HpOUlldllt;
fees as mentioned in column
(2')
of the
table
below for
the
corresponding
area as incnl ioncd in
column
(I
) ol'tlte said
table. shall
be
charged.
namely
:~ 'l'A R
LE
Plot area
having
unauthorized
Compounding
Fees
payable Construction (ll
(3)
ljpto 100sq
meters l5timesof
permission fees Above lOO sq
meters
but less
20 times
oi'permission
fees than
200 sq
meters. Above 200 sq
meters
but less 25. times
ofpermission
fees than
300 sq
meters. Above 300 sq
meters
but
less 50
times
ofpermission
fees than
400 sq
meters.
W.."97m ~,W2'.18m2015 868(3)
(l) ('2) Above 400
sq
meters
but less 35
times
ofpermission
fees than 500 sq
meters. Above
500 sq
meters
but less 40
times
ofpennission
fees than 600 sq
meters. Above
600 sq
meters but
less 45
times
ofpermission
fees than 700
sq
meters Above
700 sq
meters
50
times
ofpermission
fees"
(bl forthesecond
proviso, the
following
shall
be
substituted.
namely
:~
"
Provided further that
nothing
contained in
this section shall
apply
to
any
person
who does not
have any
right
over
the building orthe landonwhich such
constructionhas beenmade."
(ii)
Sub—section
(2)
shall stands
deleted. damgamabm'v WW.'"cm'mn?w, «711.1? Vth
tfigfiaamml'. «Fl—2015.
---
'~~ ~~~~~ ~5filITTi ~~(~~R
~ ~ . 5filITTi -;;i't ,2-22-0'rllftll¢ 1Filc / 38 fu. #. ~ , ~
30-05-2001."
5filITTi 17 8 ] ~ ,~,~7~2019-~17, ~1941
fcriu'3ITT~cfiPlrcJ'mn
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0dl'tl•1~ ~~~ -m::i#('fm~1~:i11j'tl1<,
lRN ~ ~ , ~ ~ .
355
356
3~1-:·M¢ ~ (~ 6 ~.)019) m~ft~ ~ i:nfi:rCJi frr1Tll aifuf.l.:u-1, 1956 (Sfl . 23 ~ 1956) cf>T atTI: -1:i:!11fuct m ~~-
~f/frta ~Tlll , f~~H 1. (1)
,nn -i:m'lf .
2. tfafR-Pl~~~f.mll~. 1956 (Sfl . 23~)956)
if, ~?.m~-ifl~., f.ts.ifc'.ifulct ~:~~~. 31~:-
"~< l"Q 3m: ff;~ ~~f.mll-if; 3Trn~ if,~ ln~o!l'm ~~~ m. -a1 ~~. ~~~ f.mllif. ~ m~m. "Qqi ~o!l'fflcfil -11siPt1e:~~ 3fu:
~rn~ -11sif.tRfa~~. ~~-if> 31'tfl.r~~~-ifl ~mm- -1:4ilcfi{UI : ~ ~ $ ~ $ fc:iil ~ o!l'ffl ii ~ mm, fci:;m ~
356 (I)
CHHATTISGARH ACT
(No. 6 of 2019)
CHHATTISGARH MUNICIPAL CORPORATION (AMENDMENT) ACT, 2019
An Act further to amend the Chhattisgarh Municipal Corporation Act, 1956 (No. 23 of 1956).
Be it enacted by the Chhattisgarh Legislature in the Seventieth Year of the Repub lic oflndia, as follows :-
I. (]) This Act may be called the Chhattisgarh Municipal Corporation Short title, extent
(Amendment) Act, 20 J 9.and commencement.
(2) It extends to the whole State of Chhattisgarh.
(3) It shall come into force from the date of its publication in the Official Gazette.
2. In sub-section (l) of Section 9 of the Chhattisgarh Municipal Corporation Act, 1956 Amendment to
(No. 23 of 1956) , in clause (c), after first proviso, the following shall be inserted, Section 9.
namely: -
"Provided further that if in the general election to the Municipal Corporation, no person with disability has been elected, then the State Government shall nominate to such Municipal Corporation, as the case may warrant, a person with disability, and the members with disability so nominated shall be in addition to the general members nominated under this clause.
Explanation: Person with disability for the purpose of this proviso shall mean a person, as duly certified by a Government doctor, to have one or more of the disabilities included in the Schedule to the Rights of Persons with Disabilities Act, 2016 ( No. 49 of 2016) except for disabilities mentioned therein against serial numbers 2 (Intellectual disability) and 3 (Mental Behaviour):"
236