Sikkim act 6 of 1995 : The Sikkim Municipalities Act, 1995

SIKKIM

GOVERNMENT GAZETTE

MAORDINARY

PUBLISHED BY AUTHORITY

Gangtok, Monday, 24th April, 1995 No. 84

LAW DEPARTMENT GOVERNMENT OF SIKKIM

GANGTOK.

No. BILDfQS Gangtok. the 2414': Apn‘L 1995.

NOTIFICATION

The falfawing Act ofrhe Sikkim Legisfative Assembly having received the assent of the Governor on the 13th day ofAer, 1995 Is herebypublished for general information:-

THE SIKKIM MUNiCIPALITIES ACT, 1995 (ACT NO. 6 OF 1995}

AN Act

to prowde for the Constétutéon of Municipalities :0 function as inshtufions of Self Guvernment in Urban areas. which

includetransificna!areas,1hatisto say, an area in transition from a rural area to Urban area, in Sikkim, ifi amor- ' dance with the provisiens oi part MA of me Censtitution as inserted by the Constitution'(Seventy-foufth

Amendment) Act, 1992 and for matters connected therewith and incidental thereto. BE it enacted by the iegislature of Sikkim in the Fofiy-sixth Year ofthe Republic of India as follows:-

CHAPTER - I

PRELIMINARY

jig;m1 1 . (1;! This Ac: may be called me Sikkim Municipalities Act, 1995. and (2} H extends to ghe whole of Sikkim. mmm’ (3) It shah come mto force on such date as the State Government may, by notefication i n MCI“.

the Official Gazette, appoint and different dates may be appoimed for different areas and for different provisions of this Act.

Darm- 2_ m this Act. unfess the context otherwise requires,- m’” {i} “buitding' meansa house,hu1.shed Gr other roofed structure, for whatsaever purpose

and of whatsoever purpose and of whatsoever malaria! constructed, and every part thereof, but does no: inciude a ient or other mereiy temporary shatter indudéng any kind of temporary shed erected on ceremoaia! or festive occsions;

(ii) "carriage‘ means any wneeied vehicle with springs Or other appfiames acting as springs of a kind ordinarily used for conveyance of human beings and Includes jimichshaws, cycle-

SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok, Monday, 24th April, 1995 No. 84 LAW DEPARTMENT GOVERNMENT OF SIKKIM GANGTOK. No, son/95 Gangtok, the 24m Aprii, 1995. NOTIFICATION The foiiowing Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 13th day of April, 1995 Is hereby pubiished for general information:- THE StKKlM MUNtClPALITIES ACT, 1995 (ACT no. 5 OF 1995; AN Act to promo- for the Constitution of Municipalities to function as institutions of Seif Government in Urban areas. wnioh include transitionai areas, that is to say, an area in transition from a rural area to Urban area, in Sikkim, in amor- ~ dance with the provisions of part MA oi the Constitution as inserted by the Constitution(Seventwourtn Amendment) Act, 1992 and for matters connected therewith and incidental thereto. BE it enacted by the tegistature of Sikkim in the Forty-sixth Year oithe Republic of india as follows:- CHAPTER - I PRELIMINARY 3,33wa 1 . (1} This Act may be salted me Sikkim Municipalities Act, 1995. and (2} it extends to the whole of Sikkim. °""'”""“’ (3) it shaii come into force on such date as the State Government may, by notificatzon in M5)“. the Oﬂtciai Gazette, appoint and different dates may be appointed for different areas and for different provisions oi this Act. Dwm- 2. ira this Act. unioss the context otherwise requires,- m’” ii} “buiiding” maansa house, hut. shed or other roofed structure, for whatsoever purpose and or whatsoever purpose and of whatsoever materiai constructed, and every part thereof, but does not inciude a tent or other moreiy temporary shatter inciuding any kind of temporary shed erected on ceremonial or festive occsions; (it) "carriage‘ means any wheeled vehicle with springs or other appiiances acting as springs of a kind ordinarily used for conveyance oi human beings and :ncludes jinrickshaws, oycie- 228

rickshaws, bicycles and tricycl'es but does not include any motor vehicie as defined in the Motor Vehicles .Act. 1988;

(iii) "cart" means any cart hackney, orwheiled vehicle with or without springs, whichIs

not a carriage as defined in clause (iii; (iv) “Chairperson” means the Chairperson of a Municipality; (v) “compound" means land, whether enclosed or not appurtenant to a building or the

common appurtence of severai buildings; (vi) “conservancy”meansremoval and disposal ofsewage, offensive matterandrubbish;

(vii) “Constitution" means the Constitution of India; K (viii) “DistrictMagistrate' or"DistrictCol|ecter” meansthe District Magistrate or the District Collector having jurisdiction over the district and includes Additional District Magistrate or

Additional District Collector; (ix) ”drain” means a sewer, a house~drain. a drain of- any other description, a tunnel, a

culvert, a ditch, a Chennai and any other device for carying off suliage, sewage, offensive matter,

pollution water, rain water or sub—soit water; (It) “Executive Officer" means the Executive Officer appointed under section 30; (xi) “tood‘. notwithstanding anything containedlin the Prevention of Food Aduiteation Act.

- 1954, includes every article used for food or drink by man other than drugs'or water and any article which ordinarily enters into or used in the composition or preparation ofhurnan food, and aiao inciudes confectionery, flavouring and colouring matter, spices and condiments:

(xii) "hoiding" means land held under a titie or agreement and surrounded by one setof

boundanes-: Provided that where two or more adjoining holdings form part and parcei of the site or

premises of a dwelling house manufactory, warehouse or place of trade or business, such

hotdings shalt be deemed to be one holding for the purpose of this Act; Explanation h- Holding separated by a road or other means of communication shall be -

deemed to be adjoining within the meaning of this proviso: ExplanatiOn ll:- Any ptot of land having ciear boundaries and tying entirely vacant it fit for

building purposes or if yielding any income shall, when not pertaining to agriculturalpurposes.

be regarded as a “holding" , (xiii) “house” means any hut, shop, Warehouse, workshop. a masonry nr framed building; (xiv) “hut” means any building, whichIs constructed principaily of wood. bamboo mud,

leaves grass or thatch and includes any temporary structure of whatever size, or any email

building oi whatever material made; (xv) “inhabitant" used with reference to a local area means any person ordinariiy residing

or carrying on business or owning or occupying irnmtwable property therein;

(xvi) “tahd" includes benefits arising out of land, houses and things attached to the earth, or permanently fastened to anything attached to the earth and also land covered by water;

(xvii) “Magistrate" means- (a) _ in the case of MunicipalityIn a sub-division the SubDivisionai magistrate; (b) in other cases the District Magistrate; (xviii) “market“ means any piece where persons assembie for the sate of articles intended

for food or drink or-a iiveath'ck or other merchandise; (xix) "tJlunicipaiity‘ means a Municipality constituted under section 6; (xx) "notification” means a notification published inthe Official Gazette; (xxi) "nuisance‘includee any act or iiiegal place or thing which causes or is likety to cause

injury, obstructiondanger, annoyance or offence to the senses oisight. smelling or hearing or whichIE or may be dangeron to life or injurious to health or property of people in general;

(xxii) “occupier" means the person for the time being in actual occupation of, or paying, or liable to pay to the owner the Ient or any portion of the rent of the land or building in respect of which the word'l5 used. and inciudes a person occttpyirtg a holding or partat a hoiding rent tree

and an owner living'In his own house; (xxiii) ‘otteneive matter' includes animai curcasses, dung, dirt or pIItIid or putriiying sub-

stances and filth of any kind; (xxiv) “platform" meansany structure which Isplaced on or covers orprojects over any

Central

Act 59 of

Central

Act 37 of

rickshaws, bicycles and tricycl'es but does not include any motor vehicle as defined in the Motor Vehicles Act, 1988; (Iii) "cart" means any cart hackney, or whelled vehicle with or without springs, which Is not a carriage as defined in clause (Ii); (Iv) “Chairperson" means the Chairperson of a Municipality; (v) “compound" means land, whether enclosed or not appurtenant to a building or the common appurtence of several buildings; (vi) “conservancy”‘means removal and disposal ofsewage, offensive matter and rubbish; (vii) “Constitution" means the Constitution of India; ' K (viii) “District Magistrate' or"DistriciCo||ector” means the District Magistrate or the District Collector having jurisdiction over the district and includes Additional District Magistrate or Additional District Collectdr; (Ix) “drain” means a sewer, a house~drain. a drain of- any other description, a timnel, a culvert, a ditch, a channel and any other device for carying off sullage, sewage, offensive matter, pollution water, rain water or sub—soil water; (It) “Executive Officer” means the Executive Officer appointed under section 30; (xi) “food‘, notwithstanding anything containedlin the Prevention of Food Adulteation Act. - 1954, includes every article used for food or drink by man other than drugs'or water and any article which ordinarily enters Into or used in the composition or preparation ofhuman food, and also includes confectionery, tiavouring and colouring matter, spices and condiments: (xii) "holding" means land held under a title or agreement and surrounded by one set of boundanes: Provided that where two or more adjoining holdings form part and parcel of the site or premises of a dwelling house manuiactory, warehouse or place of trade or business, such holdings shall be deemed to be one holding for the purpose of this Act; Explanation I:- Holding Separated by a road or other means of communication shall be - deemed to be adjoining within the meaning of this proviso: ExplanatIOn II: - Any p lot of land having clear boundaries and lying entirely vacant, It fit for building purposes or if yielding any income shall, when not pertaining to agricultural purposes. be regarded as a “hot cling" , (xiii) "house” means any but shop, Warehouse, workshop, a masonry or framed building; (xiv) “hut” means any building, which Is constructed principally of wood. bamboo mud, leaves grass or thatch and includes any temporary structure of whatever size, or any small building of whatever material made; (xv) “inhabitant" used with reference to a local area means any person ordinarily residing or carrying on business or owning or occupying immovable property therein, (xvi) “land” includes benefits arising out of land, houses and things attached to the earth, or permanently fastened to anything attached to the earth and also land covered by water;. (xvii) “Magistrate" means- (a) _ in the case of Municipality In a sub- division, the Sub Divisional Magistrate; (b) in other cases the District Magistrate; (xviii) “market” means any place where persons assemble for the sale of articles intended for food or drink ora livestock or other merchandise; (xix) "Municipality“ means a Municipality constituted under section 6; (xx) "notification” means a notification published In'the Official Gazette; (XIII) "nuisance ‘Includes any act or illegal place or thing which causes or Is likely to cause injury, obstruction danger, annoyance or offence to the senses of s1ght smelling or hearing or which Is or may be dangesz to life or Injurious to health or property of people In general, (xxil) “occupier" means the person for the time being in actual occupation of, or paying, or liable to pay to the owner the rent or any portion of the rent of the land or building In respect of which the word' Is used. and Includes a person occupying a holding or part oi a hoiding rent free and an owner living' In his own house; (xxIII) ‘otiensive matter' includes animal curcasses, dung, dirt or putiid or putriiying sub- stances and filth of any kind; (axiv) “platiorm‘ means any structure which is placed on, or covers, or projects over, any 229 Central Act 59 of 1988 Central Act 37 of 1954

Declara- I'I'Im of at’- terna'on of the limits and aboli- uou offluv nt'n‘pliry.

Effort of exchtsian of Jamal

and Into a Municipal um.

Efiafl of

:xdusian

of lace! am from or Widlu-

dru win;

Im- Iva ole

public road or any open drain, sewer or aqueduct: how) “prescribed” means prescribed by rules made under this Act; {xvi} “prescribed authority" means an authority appointed by the State Government, by

notification, for the purpose oi this Act; txxvii) “public place” means a space. not being private property, which is open to the use or

enjoyment oi the pubtic whether such space is vested in a Municipetity or not:

(xxviiii “poetic road" means any street, road, square court. ailey, passage or pathway over

which the pubiic have a right of way, whether a thoroughfare or not, and includes -

(a) the roadway over any public bridge or causeway, (b) the footway attached to any such road. pubiic bridge or causeway. and

(c) the drainsattached to anysuch road, public bridge orcuase‘wayand the iand,whether covered or not, by any pavement, verandah or other structure, which lies on either side of the

road-way up to the boundries of the adiacent property whether that property is private property or Government property; '

(xxix) ”private road” means any street, road, equate. court, atiey or passage which is not a

public road and includes a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises:

(xxx) trubhish" means broken brick. mortar, broken gtass, or refuse otany kind whatsoever

not included in the term “offensive matter" ; {xxxii “Secretary’ means the Secretary to the State Governm em in the Urban Deveiopment

and Housing Department and tnciudes any other officer for the time being holding the charge of

the Secretary of the said Department; (xxxii)“section“ means the section of this Act; (xxxiiii “sewage“ means night-soit and other contents of privates, latrines, urinate, cesa-

pools and drains. and inciuctes poituted water from sinks, bathrooms, stables. oatiiesheds and

other tike pianos and aiso discharges from manufacwries oi ail kinds: (xxxiv) “State Government” means the Government of the State of Sikkim;

(xxxv) “tax" inciudes any toil. rate. case. tee, charge or other import ieviabie under this Act;

(xxxvi) “Vice-Chairparson” means the Vice-Chairperson of a Municipality

2. The words and expression used in this Act and not defined but defined in the Constitution

(Seventy-Forth Amendment) Act. 1992, shat! have the meanings respectively assigned to them

in that Act.

CHAPTER ~ ii

CONSTITUTiQN AND INCORPORATION OF MUNICIPALITIES 3. (1} The Governor may, by notinoaiion ,

(at declare any local area to be 3 Municipal area; or {b} include any iooei area in the Municipat area: or to} exciude any local area from a Municipai area; or

{d} withdraw the whoie area comprising any MJnicipaiity front being a Municipai area trom

such date to be specified in such notification. {2) Every notification under euhisection (ti shat! cieatiy define the local iimits of the area

to be included or, as the case may be, exciuoed from a Municipai area.

4. When a iocat area is inducted in 3 Municipal area under ciause (b) oi seb—Esection {i} of

section 3, ail the provisions of this Act and rules and Dye-taws Inacie, orders, notificatIons and

directions issued, thereunder shat! apply to such area from the date oi such notification.

5. (1) When a local area is excluded trom a Municipai area under ciause (c) of subsection

(1) of section 3 by a notification under sub-section {2) at section 3. - {a} the proviaiens otthts Act. at! ruiesand bye—tawswhich may be made. orders. directions

and notices which may be issued and ail powers contetred under this Act, snail cease to apply

ﬂat-fara- a'rm of ai- Kema‘on of the limiis and aboli- Hau afﬂuv nt'dpﬁry. Effort of excursion of lama! arm Into a Municipal em. Fﬂarr of extrusion of local am from or wish- drawing rm- wl'r ol- public road or any open drain. sewer or aqueduct: how) '“prescrihed” means prescribed by rules made under lhis Act; {xvi} "prescribed authority" means an authority appointed by the State Government, by notiﬁcation, for the purpose ol this Act; txxvii) “public ptace” means a space. not being private property, which is open to the use or enjoyment oi the pubtic whether such space is vested in a Municipetity or not: (xxviiil “public road" means any street, road. square. court, alley. passage or pathway over which the public have a right of way. whether a thoroughfare or not. and includes - (a) the roadway over any public bridge or cause-way. (b) the footway attached to any such road. pubiic bridge or cause-way. and (c) the drainsattached to anysuch road, public bridge orcuase‘way and the land,whether covered or not. by any pavement, verandah or other structure, which lies on either side ol the road-way up to the boundries of the adiacent property whether that property is private property or Government property; (mix) “private road” means any street, road. square. court. ailey or passage which is not a public road and includes a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises: (xxx) ,“rubhish” means broken brick. mortar, broken giass. or refuse or any kind whatsoever not included in the term “offensive matter" ; {xxxh “Secretary’ means the Secretary to the State Governrn ent in the Urban Deveiopmeni and Housing Department and includes any other officer for the time being holding the charge of the Secretary of the said Department; (xxxil)“section“ means the section of this Act; (xxxiilt “sewage“ moans night-soil and other conlonts of privates, latrines, urinais, cess- pools and drains. and includes polluted water from sinks, oath-rooms, stables. cattlesheds and other like pieces and also discharges from manufacrories ol ail kinds: (xxxiv) “State Government” means the Government of the State of Sikkim: (xxxv) “tax" lnciudes any toll, rate. case. fee, charge or other import leviahle under this Act; (xxxul) “Vice-Chairperson” means the Vice-Chairperson of a Municipality. 2. The words and expression used in this Act and not deﬁned but defined in the Constitution (Seventy-Forth Amendment) Act. 1992, shall have the meanings respectively assigned to them in that Act. CHAPTER ~ ll CONSTITUTlON AND tNCQRPORATlON OF MUNlClF’ALlTlES 3. (1} The Governor may, by notification , {a} declare any local area to be a Municipal area; or (b) include any local area in the Municipal area: or to} exclude any local area from a Municipai area; or (d) withdraw the whoie area comprising any MJnlclpality front Doing a Municipai area from such date to be specified in such notiﬁcation. {2} Every notification under socioection (ti shall cleariy define the local limits of the area to be included or. as the case may be, exciuded from 3 Municipal area. 4. When a local area is included in 3 Municipal area under clause (h) ot‘ subsection (1‘; of section 3, all the provisions of lhls Act and rules and Dye-laws made. orders. notifications and directions issued, thereunder shat! apply to such area from the date oi such notification. 5. it) When a local area is excluded trom a Municipal area under clause (c) of subsection (1) of section 3 by a notiﬁcation under sub-section {2} of section 3, - {a} the provisions oithts Act. all rutesand bye-tawswhich may be made. orders. directions and notices which may be issued and at! powers conferred under this Act. shall cease to apply 230

area of n

Municipal— . it].

Con sH l' n -

rim: ofMu-

nIc-palilies.

Composi-

tion ofMN-

nicipalfly.

to such area; and

(b) the State Government shat! frame a scheme determining what portion of the balance. of the Municipal fund and other property vestedIn:the Municipality shat! on such exclusion vest

(i) when such area is included within the limits of any other focal authority in such authority. and

(ii) in anyother case, in the State Government andIn what manner the Jiabiiity oi the Municipality shall be apportioned between the Municipality and any such local authority or the State Government, as the’case may be, and on the publication of such scheme in the Official Gazette, such property and 'Iiabiiit‘y shall vest in and be appbrtioned accordingly;

Provided that before framing of any such scheme, the State vaernment shall consult the Municipality and where the area is included within the limits of any local authority. such authority aiso

_ (2} Notwithstanding anything contained in subsection (1 ), ail moneys due to the Municif

parity. immediately before the date ofsuch exclusion. en accountef tax, toil, fee, rate or othenivise may, in respect of the area so excluded. be reccwered by the Muhicipaiity as if such area has not been excluded.

(3) When the whole area comprising any Municipality is withdrawn under clause (a) of sub-section (1) of section 3 by notification under sub-section (2) of section 3, the balance of Municipal fund and all other property at the time of notification vested in the Municipality shalt vest in the State Governmentand the liabilities of the Municipality shall be transferred to the State Government.

6. (1) The State Government shall, as seen as may be after, but not later than ninety days from, the date of declaration of a local are as a Municipal area censtitute in every such area a Municipality (by whatever name calied) in accordance with the provisions fo Part 1X A of the Constitutien and this Act.

(2) For the purpose of sub-section (1) each Municipal area shall be divided into wards in such manner as the State Government may. by notification determine;

Provided that the numberof members to be elected in each ward shall, as far as practicable, be in the same proportion to the total number of persons to be elected for the Municipality as the population of such ward bears to the total popuiation of the Municipal area.

(3) Every Municipality constituted under sub—section {1) shall be a body corporate by its name having perpetuai succession and a common seal with power to acquire. hotd and dispose

of preperty and to contract and shail, by that name. sue and be sued: Provided that in the case of acquisition or disposal of immovable property, the Municipaiity

shall obtain previous approval of the State Government.

7 A Municipality shall, subjectto the provisions of sub—section (5). (6) and (7) consist of the foilowing members namety:-

(a) directly elected members not less than three and not more than nine, as the State

Gwernment may, by general order in regard to the allocation of number of seats to different wards having regard to the varying extent of population therein, determine: ‘

(b) ' the members of both the Houses of Patiiament and the members of the Legislative _ Assemblybf the State representing the constituency Which comprise wholly or partiy the Municipal area; ' _

(0) one member having special knowledge or experience in Municipai admInIstratIon t0 ' be nominated by the State Government.

(2} The members to be elected directiy underciause(a)ef subsection (1 )shali be chosen by direct election from the territorial constituenctes in the Municipal area through secret ballot

. by persons whose names are included in the electoral roll of the Sikkim Legisiative Assembiy for the time being in force pertaining to the territorial constituencies comprised in the Municipal area. ' '

. (3) Election to the Municipality shalt be held in such manner as may be prescribed. (4) The term bt'ofiice of the members of Municipality shaii, subject to the provisions of

area of n MunicipaI— . Ely. C on 5‘ ti 1' n - rim of M u- nit-paliﬁes. Composi- tion .9th- nicipalily. to such area; and (b) the State Government shalt frame a scheme determining what portion of the balance. of the Municipal fund and other property vested In the Municipality shall on such exclusion vest (i) when euch area is included within the limits of any other iocal authority in such authority, and (ii) in any other case, in the State Government and In what manner the liability of the Municipality shall be apportioned between the Municipality and any such local authority or the State Government, as thecase may be, and on the publication of such scheme in the Official Gazette, such property and liability shall vest in and be appertioned accordingly; Provided that before framing of any such scheme, the State Government shall consult the Municipality and where the area is included within the limits of any local authority. such authority also. _ (2) Notwithstanding anything contained in sub-section (1 ), all moneys due to the Munici- pality. immediately before the date of such exclusion. on accountof tax, toll , fee, rate or otherwise may, in respect of the area so excluded, be rec0vered by the Municipality as if such area has not been excluded. (3) When the whole area comprising any Municipality is withdrawn under clause (a) of sub-section (1) of section 3 by notification under sub-section (2) of section 3, the balance of Municipal fund and all other property at the time of notification vested in the Municipality shall vest in the State Governmentand the liabilities of the Municipality shall be transferred to the State Government. 6. (1) The State Government shall, as soon as may be after, but not later than ninety days from, the date of declaration of a local are as a Municipal area constitute in every such area a Municipality (by whatever name called) in accordance with the provisions to Part lX A of the Constitution and this Act. (2) For the purpose of sub- section (1), each Municipal area shall be divided into wards in such manner as the State Government may, by notification determine; Provided that the numberof members to be elected in each ward shall, as far as practicable, be in the same proportion to the total number of perSOns to be elected for the Municipality as the population of such ward bears to the total population of the Municipal area. (3) Every Municipality constituted under sub— section (1) shall be a body corporate by its name. having perpetual succession and a common seal with power to acquire, hoi d and dispose of property and to contract and shall, by that name. sue and be sued: Provided that in the case of acquisition or disposal of immovable property, the Municipaiity shall obtain previous approval of the State Government. 7 A Municipality shall, subjectto the provisions of sub-section (5). (6) and (7) consist of the foilowing members namely: - (a) directly elected members not less than three and not more than nine, as the State Government may, by general order in regard to the allocation of number of seats to different wards having regard to the varying extent of population therein, determine: ‘ (b) ' the members of both the Houses of Parliament and the members of the Legislative _ Assemblycf the State representing the constituency Which comprise wholly or partly the Municipal area; ' _ (c) one member having special knowledge or experience in Municipal administration to ' be nominated by the State Government. (2) The members to be elected directiy under clause ( ) of subsection (1)shali be chosen by direct election from the territorial constituencies in the Municipal area through secret ballot . by persons whose names are included in the electoral roll of the Sikkim Legislative Assembly for the time being in force pertaining to the territorial constituencies comprised in the Municipal area. ' ' . (3) Election to the Municipality shall be held in such manner as may be prescribed. (4) The term oi‘oflice of the members of Municipality shall, subject to the provisions of 231

Dnmu‘an

qfflun'cl- ‘ palm?!

ale.

section B, be co-terminus with the term of the Municipality.

(5) The State Government shatl. by notification. reserve seats [or the Scheduled Castes and the Scheduted Tribes in every Municipality and the number of seats so reserved shalt bear,

as hearty as may be, the sam eproportion to thetotal number of seats to be titled bydirecteiection

in that Municipality as the population of the Scheduted Castes in the Municipal area or of the Scheduled Tribes in the Municipat area bears to the total population of that area and such seats may be ailotted by rotationto difietent wards in a Municipality in the manner as may be specified in such notification.

(6) Not less than one-third ol the total number of seats reserved under subsection (5) shail be reserved for women beteng'mg to the Scheduled Castes. or as the case may be, the Scheduled tribes. _

(7) Not tees than oneethird (including the number at seats reserved for women belonging

to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be fitted by direct etection In every Municipality shall be reserved for women and such seats may be allotted by rotation to ditterentwards in a Municipaiity in the manneras may be specified in theNetificatien

issued under sub-section {5).

8. (1) Evey Municipality, unlees sooner dissolved under any law for the time being in force shail continue for five years hem the date appointed for its first meettng end no tonger L

Provided that a Municipetity shall begiven a reasonable opportunity of being heard Defer tts

dissolution. (2) An election to constitute a Municipality shalt be completed -

(a) before the expiry of its duration specified in sub-secfion {1): (h) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period tor which the dissolved Municipatity

would have continued isless than six months, itshatt not be necessary to hold any election under

this section for constituting a Municipality for such period; (3) . A Municipaltty constituted upon the dissolution of a Municipality before the expitation

01 its duration shail continue only [or the remainder of the period for which the dissolved Municipality would have continued under sub-section (1) had it not been so dissolved.

9. A person shall bedisquatitied torbeing chosen as. endfor being. a memberofa Municipality- (a) it he is so diequaiitied by or under any Saw fer the time being in force for the purpose

at election to the Legieietive Assembiy of Shaken ;

Previeed that no person shatl ee disqualified on the ground that he t5 less than twenty five

years of age, ‘si he has attained the age of twenty one yeets ; or

(b: it he is a member of a Gram Panchayat or Zilla Panchayat elected under the Sikkim Penchayat Act. t993: or

a Government company or a Corporation owned or controlled by the Central or the State Government ; or

(d) has been dismissed from the service of a State Government of a Central Government oraioeal authority or a Co-nperative Society oraGovernment Company are Corporation owned

or controlled by the Central or a State Government for misconduct : or

(e) if he is 0! urtSOurld mtnd and stands so declared by a competent court ; 0t (1‘) if he is undischarged insotveht ; or ((3) if he is suttering trom a variety of leprosy which IS intectteus : or

(51) if he is convicted of an etection offence ; or

(i) if he has been convicted by a court of an offence involving moral turpitude and sentenced to imprisonment for a term exceeding six months ; or

{j} if he has not paid any errear of tax or rate or fee payahte to the Municipality or a Gram Panchayat er a zilta Penc'nayat constituted under the Sikkim Penchayat Act, 1993 or the State Government:

Provided that the disquatificatiens under this clause shatl cease upon payment of the tats

or tax or fee : or

6 01’1993

Danni-an grunge-r. ‘ pulih'd are. section 8, be co-terminus with the term of the Municipality. (5) The State Government shall. by notification. reserve seats [or the Scheduled Castes and the Scheduled Tribes in every Municipality and the number of seats so reserved shall beer, as nearly as may be, the sam eproponion to thetotal number of seats to be tilled bydirecteiection in that Municipality as the population of the Scheduled Castes in the Municipal area or of the Scheduled Tribes in the Municipal area bears to the total population of that area and such seats may be allotted by rotationto diiierent wards in a Municipality in the manner as may be specified in such notification. (5) Not less than one-third ol the total number of seats reserved under subsection (5) shall be reserved for women belonging to the Scheduled Castes. or as the case may be, the Scheduled tribes. _ (7) Not less than onenhird (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be ﬁlled by direct election in every Municipality shall be reserved for women and such seats may be allotted by rotation to ditlerenlwards in a Municipality in the manneras may be specified in theNotification issued under sub-section (5). 8. (1) Evey Municipality, unless sooner dissolved under any law for the time being in lorce. shall continue for five years from the date appointed for its first meeting and no longer L Provided that a Municipality shall beglven a reasonable opportunity of being heard betor its dissolution. {2) An election to constitute a Municipality shall be completed - (a) before the expiry of i5 duration specified in sub—section {1): (h) before the expiration of a period of six months from the date oi its dissolution: Provided that where the remainder of the period for which the dissolved Municipality would have continued isless than six months, itshail not be necessary to hold any election under this section for constituting a Municipality for such period. (3) . A Municipality constituted upon the dissolution of a Municipality before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Municipality would have continued under sub-section (1) had it not been so dissolved. 9. A person shall bedisoualilied lorbeing chosen as. andfor being. a memberofa Municipality- (al it he is so disqualified by or under any taw for the time being in force for the purpose ol election to the Legislative Assembly of Sitcom ; Provided that no person shall no disqualiﬁed on the ground that he l5 less than twenty five years of age, it he has attained the age of twenty one years ‘. or (b) it he is a member of a Gram Panchayat or Zilla Panchayat elected under the Sikkim Panchayat Act. 1993: or to) if he holds any oi’ice oi prolit under any local authority or a Co-operative Society or a Government company or a Corporation owned or controlled by the Central or the State Government ; or (d) has been dismissed from the service of a State Government of a Central Government oraiecal authority or a (Bo-operative Society oraGovernment Company are Corporation owned or controlled by the Central or a State Government for misconduct ; or (e) if he is or unecond mind and stands so declared by a competent court ; W (i) if he is undischarged insolvent ; or (9) if he is suttering trom a variety of leprosy which is inleclious : or (n) if he is convicted of an election offence ; or (i) if he has been convicted by a court of an offence involving moral turpitude and sentenced to imprisonment for a term exceeding six months ; or {j) if he has not paid any arrear of tax or rate or tee payable to the Municipality or 51 Gram Panchayat or a zilla Pancnayat constituted under the Sikkim Panchayat Act, 1993 or the State Government: Provided that the disqualifications under this clause shall cease upon payment of the rate or tax or ice : or 232 6 01'1993

Election of Chairper- son 01- Vic£-' ChaI'rpen—

sun.

Election of members to be p ab - fished.

Firs! meet- ing of the

Municipal— fly.

Meeting of

Municipnla

(k) if he has directi'y-or indirectly by himself or by his partner or employer or an emptoyee

hold any share in interest in any contract with, by or on behatf of the Municipaiity :

Provided that a person shat! not be deemed to have insurred disqualification by reason

of his having a share or interest in any public company or registered Co-operative Society which has a contract with or is employed by a Municipality.

CHAPTER - Ill

ELECTtON OF CHAIRPERSON,VtCE-CHAIRPERSON AND CONDUCT OF BUSINESS

10. (1) Every Municipality shall, at its first meeting at which the quorum is present, elect in such manner as may beprescribed. one of its membersto be Chairman and another as Vice- Chairman in the case of Municipal Council and Sabhapati and Up-Sabhapati in the case of Nagar Panchayat, (hereinafter referred to as the Chairperson or as the case may be. the Vice—

Chairperson respectively ) : Provided that the members referred to in ctause (b) and (c) of subsection (1) of section

7 shalt not be eligible for such election : Provided further that the members referred to in clause (c) of subsection (1) of section

7 shat! not have the right to vote in the meetings of the Municipality. (2) There shall be reserved from among the members representihgrthe seats reserved

under sub—section (5). (6] and (7) of section 7, such number of offices oftheChairperson and the Vice-Chairperson in the Municipalities for them which shalt be proportionate to the total

population of each category of persons and such offices shall be allotted by rotation from Municipality to Municipality and for different durations.

Explanation - In this sub—section, “duration" means the period of five years from which

a Municipality is constituted.

11. .Every election or nomination of members and etection of Chairperson and Vice- Chairperson of the Municipality shalt be published by the State Government in the Official Gazette and such persons shall enter upon thier respective'ottices from the date of such

publication.

12. The Secretary shall. as soon asmay be, but not later than thirty days from the date

of announcement of the result of the election. convene the first meeting of the Municipality in which the members shall before taking their seats make and subscribe before the Secretary an oath or affirmation in the form set out in the Schedule appended to this Act.

13. (1) There shall be held at teast one meeting of theMunicipaiity for transaction of its

bulsiness in every three months at the Office of the Municipality or at such other places within the

local limits of the Municipality convened sing at such date and time as the Chairperson may fix; (2) The chairperson or in his absence. the ViceChairperson may, whenever he thinks tit'In

the public interest and shall, on a written requisition of not less than one hatf of the total number of members, cati a speciai meeting within a period of ten days from the date of receipt of the

requisition. (3) Tweethird of the total number of members of the Municipatity shall form a quorum for a

meeting of the Municipaiity : Prevideu that no quorum shalt be necessary for an adjourned meeting.

. (4) The chairperson or in his absence, the Vice-Chairperson, shall preside at the meeting 0fthe Municipatityand in the absence efboth, the membefs presentshat} eiectone memberfrom

amongst themselves to preside at the meeting. (5) Ail questiehs coming before a Municipality shati, untess otherwise speciticaity provided

under this Act, he ctecidect by a majority 02' votes of the members present and voting '. ' Provided that in case of equality of votes, the person presiding shall have a second and

Election of Chairper- you or Vice-' Chg I'rper— sun. Election of members to be p ab - ﬁshed. First mes!- ing of the Municipal— ﬂy. Meeting of Municipal— Ely. (k) if he has directl'yor indirectly by himself or by his partner or employer or an employee hold any share or interest in any contract with, by or on behalf of the Municipality : Provided that a person shall not be deemed to have incurred disqualification by reason of his having a share or interest in any public company or registered Co-operative Society which has a contract with or is employed by a Municipality. CHAPTER — lll ELECTlON OF CHAlRPERSON,VlCE-CHAIHPERSON AND CONDUCT OF BUSINESS 10. (1) Every Municipality shall, at its first meeting at which the quorum is present, elect in such manner as may beprescribed. one of its membersto be Chairman and another as Vice- Chairrnan in the case of Municipal Council and Sabhapati and Up-Sabhapati in the case of Nagar Panchayat, (hereinafter referred to as the Chairperson or as the case may be. the Vice— Chairperson respectively) : Provided that the members referred to in clause (b) and (c) of subsection (1) of section 7 shall not be eligible for such election : Provided further that the members referred to in clause (c) of sub-section (1) of section 7 shall not have the right to vote in the meetings of the Municipality. (2) There shall be reserved from among the members representing the seats reserved Under sub-section (5), {6) and (7) of section 7, such number of offices oftheChairperson and the Vice- Chairperson in the Municipalities for them which shall be proportionate to the total population of each category of persons and such offices shall be allotted by rotation from Municipality to Municipality and for different durations. Explanation - In this sub— section, “duration" means the period of five years from which a Municipality is constituted. 11. .Every election or nomination of members and election of Chairperson and Vice- Chairperson of the Municipality shall be published by the State Government in the Official Gazette and such persons shall enter upon thier respective-offices from the date of such publication. 12. The Secretary shall, as soon asmay be, but not later than thirty days from the date of announcement of the result of the election, convene the first meeting of the Municipality in which the members shall before taking their seats make and subscribe before the Secretary an oath or affirmation in the form set out in the Schedule appended to this Act. 1.3. (1) There shall be held at least one meeting of the Municipality for transaction of its buSiness in every three months at the Office of the Municipality or at such other places within the local limits of the Municipality convened and at such date and time as the Chairperson may fix. (2) The chairperson or in his absence. the Vice Chairperson may, whenever he thinks fit' In the public interest and shall, on a written requisition of not less than one half of the total number of members, call a special meeting within a period of ten days from the date of receipt of the requisition. (3) Two-third of the total number of members of the Municipality shall form a quorum for a meeting of the Municipality : Provided that no quorum shall be necessary for an adjourned meeting. . (4) The chairperson or in his absence, the Vice-Chairperson, shall preside at the meeting of the Municipality and in the absence of both, the members presentshali eiectone member from amongst themselves to preside at the meeting. (5) All questions coming before a Municipality shall, unless otherwise specifically provided under this Act, he decided by a majority of votes of the members present and voting '. ' Provided that in case of equality of votes, the person presiding shall have a second and 233

Reconsid- Eruh'un of question: dispolcdof byMqu‘tL

pally.

Lin 9! bushels» ha Jraruv

acted m 1.: meeting.

1" r: we r: and duties

of Chair- prrscm .

I' a w a r s and Julio; af Vice- Clw hp."- fin“.

casting vote. (6) No member shall vote on. and take part in, the discussion of any question coming up for

consideration at a meeting of the Municipality if the question is one in which he has any direct

or indirect pecuniary interest other than an interest as a member of the public‘

(7) lfit appears to any member present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting fordiscuseien or any question comtng uptorconsideration as referred to in subsection (6) and a motion brought by him to that effect is mrried, such a person shall not preside at such meeting and shall not take part therein,

and for the purposes of sub—seciion {4}, such person shall be deemed to be absent during the discussion or consideration at the particular matter.

14. No subject once finally disposed of by the Municipaiity shall be reconsidered by it within six months unless the recorded consent of not less than one half of members has been obtained therefor.

15. (t) A list of the business to be transacted at every meeting of a Municipaiity except at an adjourned meeting. shall be sent to each member of the Municipatity at least seven days before

the time iixed for such meeting and no business shall be brought before or transacted at any meeting otherthan the business ofwhich notice has been so given except with the approval of the majority of the members present at such meeting -.

Prayideci that non-receipt of a notice by amemnershaii notviiiate the proceeeings 01 a meeting ;

Provided further that it the Chairperson thinks that a situation has arisen for which an emergent meeting of the Municipality should be caiied. he may caii such meeting after be eatiect= he may caii such meeting after giving three days notice to the members :

Previded aiso that not more than One matter shall be included in the I25: of business to be transacted at the meeting calied under the second proviso.

(2} The business of the Municipality shall be transacted in the ianguage spoken and

understood by the members.

16. The Chair-person shalt —

(a) regulate the meetings of the Municipaiiiy : (b) be- responsible for the maintenance at record and registers of the MuniCEpaiity ;

of the Municipaiity and such officers and such other employees whose services may be placed at the deposal 0! the Municipaiity by the State Government:

id) operatejeintiywittt the Executive Officer otthe Municipaiity the fund ofthe Municipality including the authorisation of payments and refunds :

(e) cause to issue receipts under his signature- or Signature of the Executive Officer tor sums of money received by him for and on behalf 0! the Municipality :

if) cause pzeparatien of ali statements and reports required by or under this Act;

(9) exercise such other powers. periorm such other functions and discharge such other duties as the Municipality may, by genera! or spemai resolution. direct or as the State Government may, by order, speciiy '.

Provided that the Chairperson shail not exercise such powers, perform such functions or discharge such duties as may be required by the ruies made under this Act to be exercised. performed or discharged by the Municipaiity at a meeting.

17. The Vice-Chairpersen shatt - (a) in the absence of the Chairpeison, presiee over and regulate the meeting of the

Municipafity;

Reconcil- Eruh'nn of quarto-M dispelldof bJ'MKRitL pal-try. L!" of Dunn-sum ha hat-“v ant-1rd a! u mating. J" a we r: and duties of Chair- prrson . i" a w e r s and duties of Vice- Cﬁa hp."- Kl)“. casting vote. (6) No member shall vote on. and take part in. the discussion of any question coming up for consideration at a meeting of the Municipality if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of the public. (7) till appears to any member present at a meeting that the person presiding at the meeting has any such pecuniary interest in any matter before the meeting fordiscussion or any question coming uptorconsideration as referred to in sub—section (6) and a motion brought by him to that effect is carried, such a person shalt not preside at such meeting and shall not take part therein, and for the purposes of sub—section {4}, such person shalt be deemed to be absent during the discussion or consideration oi the particular matter. 14. No subject once finally disposed of by the Municipatity shall be reconsidered by it within six months unless the recorded consent of not less than one half of members has been obtained therefor. 15. (t) A list of the business to be transacted at every meeting of a Municipality except at an adiourned meeting. shall be sent to each member of the Municipality at least seven days before the time titted tor such meeting and no business shall be brought before or transacted at any meeting otherthan the business ofwnich notice has been so given except with the approval of the majority of the members present at such meeting -. Provrded that non-receipt of a notice by amembershali notvitiate the proceeoings 01 a meeting ; Provided further that ii the Chairperson thinks that a situation has arisen for which an emergent meeting of the Municipality should be called. he may call such meeting after be called. he may call such meeting after giving three days notice to the members : Provided disc that not more than one matter shall be included in the tie: of business to be transacted at the meeting called under the second proviso. (2} The business of the Municipality shall be transacted in the language spoken and understood by the members. 16. The Chair-person shall ~ to) regulate the meetings of the Municipality : (b) be responsible for the maintenance of record and registers of the Monicapaiity ; (c) exercise supervision and control over the act done and action taken by the members of the Montaioality and such officers and such other employees whose services may be placed at the d:sposal oi the Municipality by the State Government: to) operateiointiywith the Executive Officer oithe Municipality the fund oFthe Municipality including the authorisation of payments and refunds : to) cause to issue receipts under his signature or Signature of the Executive Officer tor sums of money received by him for and on behalf ot the Municipality : if) cause preparation of all statements and reports required by or under this Act; (9} exercise such other powers. perform such other functions and discharge such other duties as the Municipality may, by general or spatial resolution. direct or as the State Government may. by order. Speciiy '. Provided that the Chairperson shatl not exercise such powers, perform such functions or discharge such duties as may be required by the rules made under this Act to be exercised. performed or discharged by the Municipality at a meeting. 17. The Vice-Chairperson shaii — (a) in the absence of the Chairperson, preside over and regulate the meeting of the Municipadty; 234

Rig ill of

individual members.

Resigna—

tion of

Chairper- 5-5:: 01’

V l c e -

Chairper-

son or a member.

R ema v I of Chair- pzra‘orl and V I' c c - Chairfier~ son.

Filb'ng up of casual

vacancy 1'): HI: office . of Chair— person or V i I'.‘ e -

Chairper- sou. Ramona? ofmmbu" ofMunici- pah'iy.

(b) exercise such 0f the powers. perform such ofthe functions and discharge such of the duties of the Chairperson from time to time. delegated to him by order in writing 1

Provided that the Chairperson may at any time withdraw ail or any of the powers, functions and duties so delegated to the 1I/_it‘.e--_Chairpersoh:

I (c) during the absence of the Chairperson, exercise all the powers, perform aii the functions and discharge aii the duties of the Chairperson. .

18. At a meeting ofa Municipality. a member may move any resolution and put questions to the;

Chairperson or the Vice-Chairperson. as the case may be, on matters connected with the administration of Municipality or execution of urban works or scheme entrusted to or undertaken by such Municipality

19. (1} A Chairperson or a Vice-Chairperson or a member of a Municipality may resign his office by notifying in writing his intention to do .so to the State Government and on such resignation being accepted the Chaitperson or the Vice—Chairpersen or the member shall vacate his office arid such vacancy shalt be deemed to have occurred in such office:

Provided that a person tendering resignation may withdraw his resignation be'fore it is '

accepted. _ (2) When the resignation is accepted under sub-section (1) the prescribed authority

shall communicate it to the members of the Municipality within thirty days of such accep- - tance.

20. A Chairperson or a Vice-Chairperson may, at any time, be removed from office by reso- iution of the Municipality passed by the majority of the members of the Municipality present ' and voting at a meeting specially convenedtbr the purpose. Notice of such meeting shall be given to the prescribed authority :

Provided that any such meeting while passing any resolution for the removai of-

'(i) the Chairperson from his office is under consideraticih ', or , (ii) the Vice-Chairperson from his office is underconsidration, he shall not. though he is

present, preside at such meeting and the provisions of sub-section (4) of section 13 shaii apply in relation to every such meeting as they apply in relation 'to a meeting from which the

Chairperson or, as the case may be, the Vice-Chairperson is absent.

21. In the event of removal of a Chairperson or a Vice-Chajrperson under section 20 or when a vacancy occurs in the office of the Chairperson or Vice~Chairperson by resignation, death or otherwise, the Municipaiity shall elect another Chairperson or Vice-Chairperson. as the case may be. The person so elected shall take office forthwith and shall hold Office for the unexpired term of office of his predecessor.

22. (1} The Secretary may, after giving an opportunityto a member of a Municipality other

than a member of a Municipality other than a member specified under clause (b) of sub—section

( 1) of section 7 to show cause against the action proposed to be taken against him byorder, remove him from office if -

(a) after his election he isconvicted by acriminal court of an offence invoiving moral turpitude and punishable with imprisonment for a period of more than six months; 'or ' -

' (b) he was disquaiified to be a member of the Municipality at the time of his election. or .(c) he insure any of the disqualifications specified in section 9 after his election as a

member of the Municipality;or ' . (d) he'Is absent from three consecutive meetings of the Municipality without theleaveof

.the Municipality proyided he is not an ex-officio member of the Municipality under ciause (b) of subsection((1) of section 7.

(2) Any member ofa Municipality who‘Is removed from his office by the Secretary under subsection {1) m ay withi h thirty days from the date of the order appeal to the State Government who maystay the operation of the order tilt the disposal of the appeai and may, after giving notice

Righl of individual members. Resignar (ion of Chairper- Sl-Jll or V 1 c e - Chairper- son or a member. Renewal of Chair- person and V i c e - Chairﬁcr~ son. Filling up of casual vacancy in the ofﬁce . of Chair- person or V E c e - Chairper- son. Removal ofmmbci' ofMum‘ci- pac’ﬂy. (b) exercise such of the powers. perform such of the functions and discharge such of the duties of the Chairperson from time to time. delegated to him by order in writing 2 Provided that the Chairperson may at any time withdraw all or any of the powers, functions and duties so delegated to the 1dice-1C3.hairperson: ' (c) during the absence of the Chairperson, exercise all the powers, perform at! the functions and discharge all the duties of the Chairperson. 18. At a meeting ofa Municipality, a member may move any resolution and put questions to the; Chairperson or the Vice- Chairperson. as the case may be, on matters connected with the administration of Municipality or execution of urban works or scheme entrusted to or undertaken by such Municipality 19. (1} A Chairperson or a Vice-Chairperson or a member of a Municipality may resign his office by notifying in writing his intention to do so to the State Government and on such resignation being accepted the Chairperson or the Vice-Chairperson or the member shall vacate his office and such vacancy shalt be deemed to have occurred in such ofﬁce: Provided that a person tendering resignation may withdraw his resignation before it is ' accepted. » (2) When the resignation is accepted under sub-section (1) the prescribed authority shail communicate it to the members of the Municipality within thirty days of such accep- - tance. 20. A Chairperson or a Viceﬁhairperson may, at any time, be removed from office by reso- iution of the Municipality passed by the majority of the members of the Municipality present ' and voting at a meeting specially convened for the purpose. Notice of such meeting shall be given to the prescribed authority : Provided that any such meeting while passing any resolution for the removal of- '(i) the Chairperson from his office is under consideration ;or , (ii) the Vice-Chairperson from his office is underconsidration, he shall not. though he is present, preside at such meeting and the provisions of sub-section (4) of section 1 3 shaii apply in relation to every such meeting as they apply in relation'to a meeting from which the Chairperson or, as the case may be, the Vice-Chairperson is absent. 21. In the event of removal ot a Chairperson or a Vice-Chairperson under section 20 or when a vacancy occurs in the office of the Chairperson or Vice~Chairperson by resignation, death or otherwise, the Municipaiity shall elect another Chairperson or Vice-Chairperson. as the case may be. The person so elected shall take office forthwith and shall hold Ofﬁce for the unexpired term of office 'of his predecessor. 22. (1} The Secretary may, after giving an opportunityto a member of a Municipality other than a member of a Municipality other than a member specified under clause (b) )of sub— section (1) of section 7 to show cause against the action proposed to be taken against him by order, remove him from office if - (a) after his eiectio'n he is convicted by a criminal court of an offence involving moral turpitude and punishable with imprisonment for a period of more than six months; 'or - - ' (bi he was disquaiified to be a member of the Municipality at the time of his election or .(c) he insure any of the disqualitications specified in section 9 after his election as a member of the Municipality; or ‘ . (d) he' Is absent from three consecutive meetings of the Municipality without the leave of .the Municipality provided he Is not an ex- officio member of the Municipality under ciause (b) of sub- section( (1) of section 7 (2) Any member of a Municipality who‘ Is removed from his office by the Secretary under sub-section {1) may, withi n thirty days from the date of the order appeal to the State Government who may stay the operation of the order tilt the disposal of the appeai and may, attergiving notice 235

Filh‘ng of casual va.

cancy of e l e c l a d mnb‘r qj‘

Municipal- I'ly.

Minute: of pro needs

in'gL

Modifier mm and cancefla — lion af

resorption.

Liabuiry far :uu‘,

w a 5 II e orappflca- Jim: of f u u 9' Ir and prop.

my.

Dfxquflfl‘r' cation of members

A a v i n 3 share of 1'11 lvro: t a‘- con-

Iran's.

oithe appeaito the Secretaryand after giving the appellant an opportunity otbetng heard. modify,

set aside or confirm the order. ‘

Explanation - For the purpose of this subsection, the term 'Secretary' wiil mean only the‘

Secretary ‘

{3) The order passed by theI State Government on such appeat shall be final.

(4) If a member of a Municipaiity reierred to in clause (b) of subsection (1} of section 7 ‘

ceases to be the member of the Parliament or as the case may be, member oi the Legislative Assembly oi the State, he shaii cease to be the member ofthe Mun icipality and the newiy elected I person shall become the member oi the Municipality.

23. (1] ii the office of a member of a Municipality becomes vacant by reason of his death, ‘ resignation. removal or otherwise, such vacancy shaii be filled in by electmn of another person under this Act. The person so elected shall take office forthwith and shalt hold such office tor the I

unexpired term of office of his predecessor;

Provided that no election for filling in of a casuai vacancy shall be held ifthe vacancy occurs ‘ within a period of six months preceding the date on wich the term of office of the person

concamad expires I

(2) No petson who has been removed 'rom his office unoersecjon 22 snaIi be eligible for ‘

re-election to the vacancy so caused

24. (1} The minutes of the proceedings of eacn meeting of a MunICIpaiity snail be recorded I in a book in such term and kept for the purpose in such manner as may be prescribed and shall

be signed by the person who preSIded over the meeting. ‘ (2} The minutesoithe meetings of a Municipaiity shaii, ataii reasonab'e tunes and without ‘

charges. be open to inspection of the tax-payers. (3) A copy at the minutes of the proceedings of at! the meetings of the Municipality shall I

iorthwith be iomarded to the State Government by the Chairperson.

25. No resolution of a Municipality shait be modited or oanceiied exceot by a resoiution ‘

supported by not I'ess than two~thiras oi the total numbeI :It members and passed at a meetmg

whereoinotice shall be giver: setting torth iuily the proposed resolution to modIfy or cancel at such

meeting and the motion or proposition for mociiication or cancsiiation oi such I'esoiutioh.

26. (1) Every Chairperson, Vice-Chairoerson. officer or sewaht ota Munscipaaity Insiuding a

Government servant whose services are lent to the Municipaiity. sna'i be iabie for the loss. wasted or mieappiication oi any money or other property owned by 0.“ vested ii" the Manic oaliiy.

if such toss, waste or misapiicamn Is a direct conseqsence 01 any iiiegal act. omission, negiect or misconducton his part, and a suit for compensation may be instituted against h-m An any court

of competent jurisdiction by the Municipality.

(2} Every such suit shall be Instituted within one year after the date on which CEJSE of action arose.

2?. No members of a MuniCIpality shat: have without the wr-tten permissIon oi the State

Government. directiy or Indirectly. any share or Interest in any contract, :ease. saie or purchase

of land or any agreementforthe same of any kind whatsoever tomm the Municipality isa party, at shall hold any office oi profit under it, and it any member shall have such share or interest or

shalt hold such office he shaii thereby become disqualified to continue In otiice as member:

Provided that a member shall not be so disquatiied or liable by reason -

(a) of having a share or Interest in — (i) a contract entered into between the Municipality and any incoroorated or registered

company or any registered Co-operative Society of which such member is a member or share-

Filling of casual v13. cans; of e l e c I is d mnNr qj" M nuicipul— I'ly. Minute: of pram-reds M'gt. Modiﬁer [inn and mouth: — lion of resolution. Llabur'ry for low, or a s it e err-applica- tion: of f u n d :r and prep. 2"}. Ding-cuff- cation of members It a v i n g sitar: of x'u ltrvsf in can- undo. of the appealto the Secretaryand after giving the appellant an opportunity ofbeing heard. modify, set aside or confirm the order. ‘ Explanation - For the purpose of this sub-section, the term 'Secretary' will mean only the Secretary. r {3) The order passed by the State Government on such appear shall be tlnai. (4) If a member of a Municipaiity referred to in clause (b) of subsection (1) of section 7 ‘ ceases to be the member of the Parliament or as the case may be, member of the Legislative Assembly oi the State, he shall cease to be the member ofthe Mun icipallly and the newiy elected l person shall become the member of the Municipality. 23. (1} If the office of a member of a Municipality becomes vacant by reason of his death, ‘ resignation. removal or otherwise, such vacancy shall be filled in by alcohon of another person under this Act. The person so elected shall take office forthwith and shall hold such office for the i unexpired term of office of his predecessor; Provided that no election for filling in of a casual vacancy shall be held ifthe vacancy occurs ‘ within a period of six months preceding the date on wich the term of office of the person concorned expires. (2‘; No person who has seen removed from his office undersection 22 shall be eligible for ‘ rte-election to the vacancy so caused. 24. (1} The minutes of the proceedings of eacn meeting of a MU'llClpail‘Iy snali be recorded i in a book in such form and kept for the purpose in such manner as may be prescribed and shall be signed by the person who prescient over the meeting. ‘ (2) The minutes ofthe meetings at a Munichalit-y shalt, atall reasonab'e times and without ‘ charges. be open to inspection of the tax-payers. (3) A copy of the minutes of the proceedings of all the meetings of the Municipality shall i lorthwith be forwarded to the State Government by the Chairperson. 25. No resolution of a Municipality shall be modiﬁed or cancelled except by a resoiution ‘ supported by not fess than two~thiros of the total number of members and passed at a meeting whereofnotice shall be giver: setting tort'n tuily the proposed resolution to modify or cancel at such meeting and the motion or proposition for modification or cancoiiation of such resolution. 26. (1) Every Chairperson, Vice-Chairperson. officer or servant ota Munsclpaaity imploding a Government servant whose services are lent to the Municipatity. sna‘l be labie for the lose. wasted or misappiication oi any money or other property owned by or vested it“ the Manic oality. if such toss, waste or misaplioarion is a direct consequence of any i iegal act. omission, negtect or misconducton his part, and a suit for compensation may be instituted against him n any court of competent jurisdiction by the Municipality. (2} Every such suit shall be instituted within one year after the date on which cause of action arose. 2?. No members of a Munlcpality shalt have without the written permission of the State Government. directly or indirectly. any share or interest in any contract, :ease, safe or purchase of land or any agreementfor the same of any kind whatsoever to WhiCh the Municipality is a party, or shall hold any office of profit under it, and it any member shall have such share or interest or shalt hold such office he sharl thereby become disqualified to continue in office as member: Provided that a member shall not be so disquatrhed or liable by reason - (a) of having a share or interest in — (i) a contract entered into between the Municipality and any incorporated or registered company or any registered (lo-operative Society of which such member is a member or share- 236

I'rnuh‘yfrir Member, officer or anniayee

interested in a con—

rmcl, etc. with Mu-

nicl'pnliitv.

Disqualifi- cation for

rating.

A ppoinb

menlqflz‘r-

ermine 0f- fir".

l" a it rum: 3 :4 :1" Ex- erudive Uf—

fim.

Appaieu- meal of

(hall):

holders; or (ii) any agreement for the loan of money ; or (iii) any newspaper in which any advertisement relating to the affairs of the Municipality

is inserted; or (b) of his being professionally engaged on behali oi the Municipality as a legal or medicai

practitioner and receiving a fee for service rendered in his professional capacity.

28‘ {1) Subject to the proveson oi section 26 —

_ (a) any member who, Knowingly acquires. directty or indirectty, any share or interest in any contract or employment with, undet. by. or on behalf of a Municipality at which he is a

member, and (b) any Municipal ohicer or empioyee who Hnowingiy acquires, directly or indirectly, any

share or interest in any contract or. except in so tar as concerns his own empieyment as Municipal Officer or in any empioymervtwith‘ under. by or on behalf of a Municipality oiwhich he

is an officer orempioyee. shalt be punishable wIth fine which may extend to five thousano‘ rupees.

29. No member of a Municipaiity shall vote or take part in the discussion of any question at a meeting of the MunicipaIity ii the question is one in which he has any direct or indirect pecuniary Interest other than an interest as a member of the public.

CHAPTER - IV

MUNICIPAL ESTABLISHMENT

30. {1) There shall be an Executive OIiIcer in every Municipality to be appointed by the State Government, by order, who she" function as the Secretary to the Municipality and all other officers and employees of the Municipaiity shail be subordinate to him:

Provided that the State Government may, by order. depute an officer of the State

Governm ant to function as the Executive Officer at a Municipaiity tor such period and undersuch

terms and conditions as may be specified in such order:

Provided further that same officer may be appointed or debuted to function as Executive

Officer of two or more MuhiCIpalifies,

(2) A Municipality may. with the approval at the State Government, appoint such officers

and employees to assist the Executive Officer, as it may deem necessary ior performing the

functions entrusted to at under this Act: Provided that the State Government may on the request of the Municipality concerned by

order. depute such officer or employees to work under the Municipality under such terms and

conditions and for such period as may be specIfied in such order.

{3} The Executive Officer, and other officers and em pioyees appointed under sub—section

(1) and (2) she“ be paid such saiary and other aliowances as the Municipality. with the approval

oi the State Government may determine by special resoiution passed in this behalf.

CH The Executive Ohicer si‘all -

I'a) subject to the generaf conirol oi the Chairperson. watch over the financial and

executive administration of the Municipaiity and perform ai’ duties and exemise aii the powers

imposed or conferred upon him by. or deiegated to hem under this A61 and rates and bye~laws

framed thereunder ;ano

it) give attest to L18 decision taken by the Municipeiity and submit periodicai reports

regarding the progress made in respect thereof to the State Government.

32. (1) A Munipraiity may require the State Government to keep at its diopoaat the services

of a Health Officer. a Revenue Officer and an Engineer for the purpose of etficientdischaroe of

I'tmdt‘yfrir Member, ofﬁcer or amplayee interested in a nun— rmu, elc‘ with Ms- ma‘pnlitv. Disqualiﬁ- cation for voting. .-1 ppoini- nenlrgflt‘r- (.1111in Of- ﬁrer. I" u it rum: x of an Ex- rrmive Uf— pm. A ppm-ru- meat of (ham: holders; or (ii) any agreement for the loan of money ; or (iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or (b) of his being professionally engaged on behalf of the Municipality as a legal or medical practitioner and receiving a fee for service rendered in his professional capacity. 28. {1) Subject to the provrson of section 26 — . (a) any member who, Knowingly acquires. directly or indirectly, any share or interest in any contract or employment with, under. by. or on behalf of a Municipality of which he is a member, and {b} any Municipal officer or employee who. knowingly acquires, directly or indirectly, any share or interest in any contract or. except in so far as concerns his own employment as Municipal Officer or in any emptbymentwith‘ under. by or on oehalf of a Municipality ofwhich he is an officer orempioyee. shall be punishable with fine which may extend to fivethousano‘ rupees. 29. No member of a Municipaiity shall vote or take part in the discussion of any question at a meeting of the Municipality if the question is one in which he has any direct or indirect pecuniary interest other than an interest as a member of the public. CHAPTER - IV MUNICIPAL ESTABLlSHMENT 30. (1) There shall be an Executive Olrrcer in every Municipality to be appointed by the State Government, by order, who shall function as the Secretary to the Municipality and all other officers and employees of the Municipality shall be subordinate to him: Provided that the State Government may, by order. depute an officer of the State Government to function as the Executive Officer of a Municipality for such period and under such terms and conditions as may be Specified in such order: Provided further that same officer may be appointed or deputed to function as Executive Officer of two or more Municipalities. (2) A Municipality may. with the approval of the State Government, appoint such officers and employees to assist the Executive Officer, as it may deem necessary for performing the functions entrusted to at under this Act: Provided that the State Government may on the request of the Municipality concerned by order. depule such officer or employees to work under the Municipality under such terms and conditions and for such period as may be speciﬁed in such order. {3} The Executive Officer, and other officers and em ploysss appointed under sub—secdon { l} and (2) shall be paid such salary and other aliowances as the Municipality. with the approval of the State Government. may determine by special resolution passed in this behalf. 31 The Executive Officer si‘all - {a} Subject to the generaf control of the Chairperson. watch over the financial and executive administration of the Municipality and perform ai‘ duties and exercise sit the powers imposed or conferred upon him by, or delegated to hem under this Plot and rutes and bye~laws framed thereunder ;ano lb) give effect to L18 decision taken by the Municipality and submit periodical reports regarding the progress rnade in respect thereof to the State Government. 32. (1) A Municipality may require the State Government to keep atits disposal. the services of a Health Officer. a Revenue Officer and an Engineer for the purpose of etficientdischarde of 237

01'pr ‘* h r rt a ll' ! Uflirerand

Engiflrnt

Expnmrrs lobe borne out affida—

u i c i p a 1'

fund.

DE 5 c épii~ mryaflion

a g ai n 5 1 szlojlt

fifth: Mu— nicipamy, condition

of their

srrI-irc.etc.

Uflher ran. n‘irlon of terrace of Hu- 1:»-

ployea of flu: Mu- flitting]!

Muflicipal

p rap5 r l y

and vesding

III lyre];

its duties and functions under this Act.

33. Ail expenses incurted forpaymeht of salaries and ettowanoes to the officers and employees

it the Municipatity and atso at! other costs of establishment shall be paid and defrayed out ofthe

Monicipai tund.

34. t 1) An employee of a Municipattty who is aggrieved by an order of the Chairperson in a

disciptinary proceeding against him shat! haveright 0t apoeai to the Municipality within thirty days from the date of service of such order on him.

(2) An employee who is aggrieved by an order of the Municipaiity may prefer an afipe J to the State Government against such an order within sixty days from the date of service of such order:

Provided that no appeal against an order other than an order for removal or dismissal shati lie to the State Government.

35. The manner of appointment. ether conditions of service of the emptoyees. powers and

functions of other officers and emotoyees, and disciplinary actions to be taken against the

Executive Officer. other ottioers and emptoyees of the Municipafities shall be such as may be

prescribed.

CHAPTER - V

MUNICtPAL PROPERTY, FtNANCE AND CONTRACTS

36. (1) Subject to any reservation that may be made by the State Government. ail property within the Municipality and ot the nature hereinafter specified in this sectteh other than private ‘ property or property maintained by any Government or other tooat authority shalt vest in the Municipattty and shatl. with all other property of whatever nature or kind whtch may become vested in the Municipality, be under its direction. management and controt. namely -

(a) alt pubiic roads including the soil. the pavements. stones and othermateriais thereof, and all drains. bridges, trees, erection materials, implements and other things provided for such

roads; {b} all public: streams, channo'ts, watercourses. springs, tanks. reservoirs, cisterns. watts,

aqueducts] oendoits. tunnels, pipes, pumps and ether water works. whether made, laid or

created at the cost of the Municipatity or otherWtse awe atl bridges, buiioihgs: engines, works, materials and things connected therewith or appettaimng thereto and aieo any abjecm-t tend, not being private property. appertaining to any public tanks:

Provided that water-pipee aho‘ waterworks connected therewtth or appertaining thereto which with the consent of the Munictpatity are laid or set up in any street by the owners of any mitt, factory, workshop or the like, primarily for the use at their employees shall not be deemed

to be public waterworks by reason of their use by the public; (c) ati pubtic sewers and drama. and at! works. matertats and things appertaining thereto

and other conservancy WDI as, (d) all sewage, rubbish and offensive matter cotteCted by the Municipataty from roads

latrines, Sewers. oess-poots and other places; (e) an public ramps. Iamp-posts and apparatus connected therewith or appertaining

thereto and alt pubiic gates, markets, slaughter houses and public buttdings of every description which have been constructed or are maintained but of the Municipat tuna; and

(t) at! iands or other proetty transferred to the Municipality by the Government or acquired by the Municipality by gift, purchase or otherwise for tocat pubtic purposes.

{2} The State Government may, by notification: direct thatahy property which has vested in the Municipality shat; cease to be so vested, and thereupon the property speetfied in the notification shat! cease to be so vested and the State Government may pass such orders as it may deem fit regarding the disposal and management or such property.

Offi “ e V: r r r I! u z Uﬁirerand Enginnn. Exp-rust: [a be some out 13an— u i c i p a : fund. Di 3 e fpti~ Mryarﬂon a g ai n 5 l tmr‘ajt’t 11me Ma- nitipnmy, condition of their union-rte. Gilles-con. a‘iHon of terrace of ﬂu- 1m- plnyee of ill-e Mu- mummy. Municipal p rap 5 r l y and Ni‘iilg HI Iraq]; its duties and functions under this Act. 33. All expenses incurred for payment of salaries and allowances to the officers and employees it the Municipality and also all other costs of establishment snail be paid and defrayed out of the Municipal lund. 34. t 1) An employee of a Municipality who is aggrieved by an order of the Chairperson in a disciplinary proceeding against him shell haveright of aooeel to the Municipality within thirty days from the date of service of such order on him. (2) An employee who is aggrieved by an order of the Municipality may prefer an alpine l to the State Government against such an order within sixty days from the date of service of such order: Provided that no appeal against an order other than an order tor removal or dismissal snail lie to the State Government. 35. The manner of appointment, other conditions of service of the employees. powers and functions of other officers and employees, and disciplinary actions to be taken against the Executive Ofﬁcer, other olﬁoers and employees of the Municipalities shall be such as may be prescribed. CHAPTER - V MUNlCtPAL PROPERTY, FiNANCE AND CONTRACTS 36. (1) Subject to any reservation that may be made by the State Government. all property within the Municipality and ot the nature hereinslter specified in this seerlon other than private » property or property maintained by any Government or other local authority shall vest in the Municipality and shall. with all other property of whatever nature or kind which may become vested in the Municipality, be under its direction. management and control. namely 4 (a) all public roads including the soil. the pavements. stones and otliermaterials thereof, and all drains. bridges, trees, erection materials, implements and other things provided for such roads; {b} all public streams, channels, watercourses, springs. tanks. reservoirs, cisterns. wells, aqueducts. conduits. tunnels, pipes, pumps and other water works, whether made, laid or created at the cost or the Municipality or otherwise and all bridges, buildings, engines. works. materials and things connected therewith or appertaining thereto and also any aoiomur-t land, not being private property. appertaining to any public tanks: Provided that water-pipes and waterworks connected therewith or appertaining thereto which with the consent ol the Municipality are laid or set up in any street by the owners of any mill, factory. workshop or the like, primarily for the use of their employees shall not be deemed to be public water-works by reason of their use by the public; to) all public sewers and drains. and all works. materials and things appertaining thereto and other conservancy won ks, (d) all sewage, rubbish and offensive matter collected by the Municipality from roads. latrines, Sewers. Gees-pools and other places; (a) all public lamps. lamp-posts and apparatus connected therewith or appertaining thereto and all public gates, markets, slaughter houses and public buildings of every description which have been constructed or are maintained out of the Municipal fund; and (t) alliands or other proerty transferred to the Municipality 'Uy the Governmehtor acquired by the Municipality by gift, purchase or otherwise ior local public purposes. {2} The State Government may, by notiﬁcation, direct thatany property whlcn has vested in the Municipality shall cease to be so vested, and thereupon the property speleled in the notiﬁcation shall cease to be so vested and the State Government may pass such orders as it may deem fit regarding the disposal and management at such property. 238

Tmnsfcrof Muru'cipal properq.

Execution

of con-

tracts.

l'raruform'

p r I: |_I a t r

roach. Mr.

:0 Mania"

paling:

Acquht‘. [ion Hf

laud.

Formation

and cuts- tadyofMu- :1 EC :‘p a 1' fund.

Credit of maneys [a

the _ fifu- ' uici'par 13'th

(3} The State Government may resume any immovabie property transierred to the Mu- nicipaiity by itseit or any other local authorityfor a public purpose oh payment of the amount paid

by the Municipality for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Municipaiity:

Provided that compensation need not be paid for building or works cehstructed or erected in contravention of the terms at the transfer.

37. Notwithstanding anything contained in section 6. Inc Municipalityshail transter any immov- able property except in pqrsuancfé of a resolution passed at a meeting thereof by a majority of not iessthan two-thirdot its membets and exceptwhen it is net required'for local public purposes:

Provided that in the case of property which has been transferred to it by the State Government. the transfer under this section shall be subject to the previous sanction ofthe State Government:

Provided further that nothing in this section shaiiapply to leases otimmovable property for I a term not exceeding two years in total. -

38. (1) A M'unicip'aiity may enter into and perform any contract necessarytor thepurpose of I this Act.

(2) Everycontractmade by or on behalf eta Municipality in respect of any such exceeding

ten thousand rupees, or which shall involve, a value exeeding ten thousand rupees, shall be sanctioned by the Municipaiity at a meeting and shall be in writing , and shail be signed by the Chairperson or the Vice—Chairperson and the Executive Otticerand shalt be sealed with the _ common seat of the Municipality.

39. The Municipality eta meeting may agree with the person in whom the property in any road,

bridge, tank, ghat, well, channel or drain vests, to take ever the property therein or the controi thereof, and after such agreem ent maydeclare by netice in writing affixed thereon or near thereto

- thatsuch road, bridge, tank. ghetweil, channel or drain has been transferred to the Municipality. Thereupon. the property therein or the controi thereot,-as the case-may he, shall vest in the

Municipality and sueh road, bridge. tank, gha1,' welt, channel or drain shati thenceforth. be - repaired and maintained out of the Municipal fund

40. When any land whetherwithin the iimits of a Municipality'I5 required by the Municipality for pubtic purposes the State Government may, at the request of the Municipality proceed to acquire it under the provisions of the Land Acquisition Act.1894 and- on payment by the Municipaiity of the eompehsation awarded under that Act, ard of any other charges incurred in

acquiring the tend, the iand shail-vest in the Municipality.

41. (1) There shalibe formed for each Municipality a fund to be caiied the “Municipal Fund“

and it shall be héid by‘the Municipaiity for the purposes of this ActIn the manner hereinafter appearing

(2) The Municipal FLInd shall vest in the Municipality.

42. {1) There shaft be credited to the Municipal Fund - (a) Atl sums recei'iIed as grants-‘In-aid from the consolidated fund of the State; (b) all sums received by or on behalf of the Municipality under the previsions ofthis Act

or ofany other iaw for the time beingIn force or under any contract; (0} the balance if any. standing at the cemmencement of this Act; (ct) ail proceeds of the disposal of property by or on behalf of the Municipality; (e) ail rents accruting from any property of the Municipality; (t; at: moneys raised by any tax ievied for the purpose of this Act;

. {g} alt fees payabie and levied under this Act: ' (h) ail moneys reaiisee by the Municipaiity by way of compensation or for Icompounding

‘nfieneee under the prowsions of this Act; (I) ali moneys receivedby or on behalf ofthe tIIiunibipatity fromprivate Indwiduais byway

Central Act I of 1894.

Tmnsferof M u ru'c ipai‘ property. Execution of con- tracts. [rem rife-rm“ p r I: I! a t r roads". err. to Mania" palm-y, Acquft't‘. [ion of land. For-MEN and our- tMyofMu» n it 1‘}; a .f' fund. Credit of man eys [a the _ ﬁfu- ' nicipcf Fund (3} The State Government may resume any immovabie property transterred to the Mo- nicipaiity by itself or any other local authority for a public purpose on payment of the amount paid by the Municipality for such transfer and the market value at the date of resumption of any building or works subsequently erected or executed thereon by the Municipality: Provided that compensation need not be paid for building or works constructed or erected in contravention of the terms of the transfer. 37. Notwithstanding anything contained in section 6, no Municipalityshall transfer any immov- able property except in persuance of a resolution passed at a meeting thereof by a majority of not iessthan two-thirds! its In em bets and exceptwhen it is not required'for local public purposes: Provided that in the case of property which has been transferred to it by the State Government. the transfer under this section shall be subject to the previous sanction ofthe State Government: Provided further that nothing in this section shaliapply to leases otimmovable property for I a term not exceeding two years in total. - 38. (1) A Monicip'ality may enter into and perform any contract necessary for the purpose of I this Act. (2) Every contractmade by or on behaltota Municipality in respect otany such exceeding ten thousand rupees, or which shalt involve, a value expecting ten thousand rupees, shall be sanctioned by the Municipaiity at a meeting and shall be in writing , and shall be signed by the Chairperson or the Vice-Chairperson and the Executive Ofticerand shalt be sealed with the _ common seal of the Municipality. 39. The Municipality ata meeting may agree with the person in whom the property in any road, bridge, tank, ghat, well, channel or drain vests, to take over the property therein or the control thereof, and aﬂersuch agreement may declare by hence in writing affixed thereon or near thereto - thatsuch road, bridge, tank, ghetweil, channel or drain has been transferred to the Municipality. “thereupon. the property therein or the cootroi thereot,-as the case may he, shall vest in the Municipality and suoh road, bridge, tank, ghat, welt, channel or drain shaii thenceforth. be - repaired and maintained out of the Municipal fund 40. When any land, whemerwithin the ilmits of a Municipality' Is required by the MunICIpalrty for public purposes, the State Government may, at the request of the Municipality proceed to acquire it under the provisions of the Land Acquisition Act 1894 and- on payment by the Municipaiity of the compensation awarded under that Act, and of any other charges incurred in acquiring the tend, the iand shail-vest in the Municipality, 41. (1) There shalibe formed for each Municipality a fund to be called the “Municipal Fund" and it shall be héid by‘the Municipality for the purposes of this Act In the manner hereinafter appearing (2) The Municipal Fund shall vest in the Municipality. 42. {1) There strait be credited to the Municipal Fund - (a) Ail sums recelfred as grants-in-aid from the consolidated fund of the State; (b) all sums received by or on behalf of the Municipaiity under the provisions of this Act or of any other iaw for the time being In force or under any contract; to} the balance, if any, standing at the commencement of this Act; (1:!) all proceeds of the disposal of property by or on behalf of the Municipality; (e) all rents accruting from any property of the Municipality; (t; at: moneys raised by any tax levied for the purpose of this Act; , (gt all fees payabie and levied under this Act: ' (h) ail moneys realised by the Municipatity by way of compensation or for compounding offences under the provisions of this Act: (i) sit moneys received by or on behalf ofthe Municipatity from private Indwiduals byway 239 Central Act I of 1894.

Pow!” of

HM: Mu.

nl'cipnlr‘ly lo borrow

money.

Iipyh‘ta- tévnofM'u- nicipai prop!!!)- lndfund.

of grants. contribution, gitt or deposits; and

U} alt Interest and profits arising from any investment of. or from any transaction in

connection with any money belonging to the Municipality.

(2) The State Gevsrnment shall, at the beginning of each financial year, keep at the

disposal of each Municipaiity. such sums from its consolidated fund as may be recommended

by the State Finance Commission.

43. (1} A Municipality may, with the previous sanction of the State Government and subject

to such conditions as may be prescribed by the State Government or from any financiai

institution, borrow any sum of money required for censtructing any work of a permanent nature

which it is required or empowered to undettake under the provisions of this Act.

(2) Nothing contained in subsection (1)0rtheruies made thereunder shall appiy to grants

or toans of money made or advanced to a Municipality by any department, office or authority oi

the State Government or by any Iocai authority or by any other institution tcwards. and fur the

purpose at the implementation. achievement and accomplishment of community development

schemes and a Municipality may accept any such grant or lean which shall be regulated and

governed by the terms on which, and the conditions subject to which the same is made or

advanced.

44. {1) All property vested in a Municipality under this Act. aii funds received by it in

accordance with the provisons at this Act and sit sums accruing to under the provisons of any

law for the time being in torce shatl. subject to the provisions of this Act. be applied for the

purposes of this Act within the limits 0! the Municipalny.

t2} Notwithstandinganything contained in subsection (1). itshail be iawful for a Municipal—

tty-

(a) to incut expenditure beyond the Municipal limits on the acquisition of land. or on the

constructien. maintenance or repair of works. to: the porpese of obtaining a su ppty of water

required for the inhabitants of the Municipaiity or on estabiishing slaughter house or pieces tor

the disposal of night - soit or sewage or carcasses of anIrnals or tor drainage works, or for the

purpose of providing machenicatiy propelled transpert facilities for the conveyance of the public

or for the purpose of setting up oi dairies or terms tor the supply. distribution and procuring of milk

or miik products for the benetit of the inhabitants of the Municipality or for any other purpose

calculated to promote the health. eatery or convenience of the inhabitants Of the Municipality; or

(b) to make a contribution towards expenditure incurred by any other toes? authenty out

of any pubiic fund for measures attesting the heaitht safety or convenie rice 0! public calcu lated

to benefit the residents within the iimits oi the contributing Municipality: Or

(at to-create schotarship tenable outside the iimits bf Municipaiity: er ,

(d) to utilise the Municipai-tire-brigade and other mechanical appliance beyond the Mu-

nicipal iimits; 0.!

(9} to make with the previous sanction of the State Geyernment any other kind of

contribution as may be deemed necessary by the Municipaiity :

Provided that nothing in this section 01 in any other preyisiens of this Act shall be deemed

to make it untawfut for a Minicipatity when it has constructed works beyond the Emits of the

Municipaitty fer the supply of water or eiectricai energy or for drainage as aforesaid -

ta) ‘ to supply 0: extend to or for the benefit of any person or building or lands in any piece

whether such place is or is notwithin the limits at the said Municipality, any quantity of water or

electrics: energy not required for Q19 purpose of this Act within the said Municipality or the

advantage aiierded by the system of drainage works. on such terms and conditionswith regard

to paymentand to the continuance ofsuch suppty oradvantages asshatibesettled by agreement

bemeen the Municipattty and such person or the occupier or owner of such building or Ia nd: or

(b) to incur any expenditure on such terms with regard to paymem as may be settled as

aforesaid for the construction. maintenance, repair er charge of any connection pipe o r any

electric suppty tines or other works necessarytor the purpose at such suppiy or for the extension

of such supply or for the extensionlut such advantages.

For?!” of HM: Mu. nicfpnlr‘ly lo borrow money. Applica- tic-nofM’u- nicr'rrai prop-Iny ludfund. of grants. contribution, gilt or deposits; and (j) alt interest and profits arising from any investment of. or from any transaction in connection with any money belonging to the Municipality. (2) The State Government shall, at the beginning of each financial year, keep at the disposal of each Municipality. such sums from its consolidated fund as may be recommended by the State Finance Commission. 43. (1} A Municipality may, with the previous sanction of the State Government and subject to such conditions as may be prescribed by the State Government or from any financial institution, borrow any sum of money required for constructing any work of a permanent nature which it is required or empowered to undertake under the provisions of this Act. (2] Nothing contained in sub-section (1)0rtneruies made thereunder shall apply to grants or icons of money made or advanced to a Municipality by any department, cities or authority cl the State Government or by any local authority or by any other institution towards. and for the purpose or the implementation. achievement and accomplishment of community development schemes and a Municipality may accept any such grant or loan which shall be regulated and governed by the terms on which, and the conditions subject to which the same is made or advanced. 44. {1) All property vested in a Municipality under this Act. all funds received by it in accordance with the provisons at this Act and all some accruing to under the provisons oi any law for the time being in iorce shail, subject to the provisions of this Act, be applied for the purposes of this Act within the limits or the Municipality. (2} Notwithstandinganything contained in sub-section (1). itshall be lawful for 3 Municipal— ity- * (a) to incur expenditure beyond the Municipai limits on the acquisition of land. or on the construction, maintenance or repair of works. for the porpose oi obtaining a supply of water required for the inhabitants of the Municipality or on establishing slaughter house or places tor the disposal of night - soil or sewage or carcasses of animals or for drainage works, or for the purpose or providing machonicaily propelled transport facilities for the conveyance or the public or for the purpose of setting up of dairies or farms for the supply. distribution and procuring of milk or milk products for the benefit of the inhabitants of the Municipality or for any other purpose calculated to promote the health. eatery or convenience of the inhabitants of the Municipality; or (b) to make a contribution towards expenditure incurred by any other ioca? authority out of any public fund for measures affecting the health safety or convenience or public calculated to beneﬁt the residents within the limits of the contributing Municipality: 0r (c) to create scholarship tenable outside the limits of Municipaiity: or _ (d) to utilise the Municipal-iire-brlgadc and other mechanical appliance beyond the Mu~ nicipal limits; or (e} to make with the previous sanction of the State Government any other kind of contribution as may be deemed neceasary by the Municipality : Provided that nothing in this section or in any other provisions or this Act shall be deemed to make it uniewfut for a Minicipality when it has constructed works beyond the limits of the Municipality tor the supply of water or etectrical energy or for drainage as aforesaid - (a) ‘ to supply or extend to or for the benefit of any person or building or lands in any place whether such place is or is notwithin the limits of the said Municipality, any quantity or water or electrics: energy not required for the purpose of this Act within the said Municipality or the advantage atlorded by the system of drainage works. on such terms and conditions with regard to paymentand to the continuance ofsuch supply or advantages as shallbesettled by agreement bemoan the Municipaiity and such person or the occupier or owner of such building or iand: or (b) to incur any expenditure on such terms with regard to payment as may be settled as aforesaid for the construction. maintenance, repair or charge of any connection pipe or any electric suppiy lines or other works necessaryior the purpose of such supply or for the extension of such supply or let the extensional such advantages. 240

Budget.

K 01-pin g u! u- tvunu.

Tmnsmit— mm of ac- S—‘O II" IS ‘0

shit Gov-

eminent. AuuMAd- m in illra — flan upon

and stan- num of Mcomrsfiy Municipal- II}.

M 0 nt‘ h 11

abshuct :2! accounts.

A proinf- llflxr of adder.

Submifliall ofnccounla w audflor.

Power: of auditors.

454 (1; A Municipality, at a meeting specialty convened fer the purpese at least two months

before the close of the financial year. shall prepare in such form and manner, as may be prescribed. a budget showing inter-alie the probable receipts and expenditure during the

ensuring yearand after such revision as mayappear necessary. it shat! passthe budgetandsuch

budget shalt be submitted to the State Government tor approval. it this approval is net intimated: within one month, it shall be taken that the budget is passed. ' i

(2) The Municipatity may, from time to time, revise any estimates of expenditure with a

view to providing for any modification which it may deem fit or advisable to make in the

appropriation hi the ameuntat its disposal, and such revised budget shalt be passed in the “

manner specified in such-section (1). ' y

(3) When the budget has been passed. the Municipality shalt net incur any expenditure i

underany of the heads of the hudgetin excess of theameuntsanctioned under that head without ‘

making a provision for such excess by a revision of the budget in the manner specified in seb- ‘

section (2). ‘

46. Every Municipality shalt maintain proper records of all reeceipts and expenditure of the i

Municipality in such manner and in such terms and register as may be prescribed. t

47. Every Municipality shalt, as seen as the accounts of the previous year is iinatly passed by 1

it, transmit to the State Government as account in such form as may be prescribed.

4B. (1) Every Municipatity shail, as soon as may be after the tst day of Aprit in each year, ‘

cause to be prepared a detailed report of the Municipat administration of the town during the 1

previous year. together with a statement showing the accounts of the receipts and disburse-

ments. respectiveiy credited and debited to the Municipal Fund during the previous year. and the

balance at the credit of the said Fund at the close of the said year.

{2) The Executive Officer of the Municipality shalt piece the said report and statement

before the meeting of the Municipality for consideration and torward a copy thereof to the State

Governm ent.

49. (1) The Executive Officer shall prepare menthiy abstract of the receipts and expenditure

of the month last preceeding and piece such abstract before the meeting of the Municipality for

consideration and approvai.

{2) For the purpose. the meeting shah have access to all the Municipal accounts and to

aii records and correspondence relating thereto and the Executive Officer shalt forthwith furnish

before the meeting any explanation concerning receipts and disbureem entwhfch it may eait ter.

50. An oftiqer not betow the rank oi the Chief Accounts Officer eithe Sikkim State Finance and

Accounts Service appointed oy the State Governm ent shah audit the accounts of the Municipati-

ties as soon as may be after the end of each financial year.

51. The Executive Oflicer of every Municipaiity shalt produce or cause to be produced to the

auditor alt such accounts of the fund of the Municipality concerned as may be required by the

auditor.

52. For the purpose of an audit under this Act an auditor may ~

(a) requme in writing the production before him oi any document or the euppty of any

information which he considers to be necessary for the proper conduct of the audit;

(b) require in writing the personal appearance beiere him at any person accountabte for.

or having the custody or central of, any such document. or having. direetty er indirectty, whether

by himseti or his partner any share or interest in any contract made with, by er en behatf of. the

members of the Municipaitty concerned: (C) require any person so appearing before him to make or sign a decimation in respect

at any SUCH dewment or to answer any question or prepare and submit any statement

24]

Budget. X art-pin g at! u- tvunu. Transmit— mm of ac- EOII’IIS ‘0 $32!! Gov- eminent. Awﬂmﬂd- minixlra— ﬂan upon and ﬂat!- nuur of accounts-by Municipal- {I}. M o M It I] obstruct of antenna. A ppainl- mm! of auditor. Submission ofnscounla l0 audﬂor. Paw-tr! of auditors. 45. (1) A Municipality, ate meeting specially convened for the purpose at least two months before the close or the financial year. shall prepare in such form and manner, as may be prescribed, a budget showing inter-alia the probable receipts and expenditure during the ensuring yearand after such revision as may appear necessary. it shall passthe budgetand such budget shall be submitted to the State Government for approval. it this approval is not intimated. within one month. it shall be taken that the budget is passed. ' . (2) The Municipaiiry may, from time to time, revise any estimates of expenditure with a view to providing for any modification which it may deem fit or advisable to make in the appropriation bl the amountat its disposal, and such revised budget shali be passed in the “ manner specified in such-section (1). ' y (3) When the budget has been passed. the Municipality shall not incur any expenditure . underany of the heads of the hudgetln excess of theamountsanctioned under that head without . melting a provision for such excess by a revision oi the budget in the manner specified in sub- ‘ section (2). ‘ 46. Every Municipality shall maintain proper records of all recceipts and expenditure of the . Municipality in such manner and in such terms and register as may be prescribed. . 47. Every Municipality shail, as soon as the accounts of the previous year is linaily passed by 1 it, transmit to the State Government as account in such form as may be prescribed. 48. (1) Every Municipaiity shall, as soon as may be after the ist day of April in each year, ‘ cause to be prepared a detailed report of the Municipal administration of the town during the 1 previous year. together with a statement showing the accounts of the receipts and disburse- ments. respectively credited and debited to the Municipal Fund during the previous year. and the balance at the credit of the said Fund at the close oi the said year. {2) The Executive Officer of the Municipality shall place the said report and statement before the meeting or the Municipality for consideration and torward a copy thereof to the State Governm ent. 49. (1) The Executive Officer shall prepare monthly abstract of the receipts and expenditure of the month last proceeding and piece such abstract before the meeting of the Municipality for consideration and approval. {2) For the purpose. the meeting shall have access to all the Municipal accounts and to all records and correspondence relating thereto and the Executive Officer shall forthwith furnish before the meeting any explanation concerning receipts and disbursem entwhfch it may call lcr. 50. An officer not below the rank or the Chief Accounts Officer ofthe Sikkim State Finance and Accounts Service appointed oy the State Governm ent shall audit the accounts of the Municipali- ties as soon as may be after the end of each financial year. 51. The Executive Ofﬁcer of every Municipai'rty shall produce or cause to be produced to the auditor all such accounts of the fund of the Municipality concerned as may be required by the auditor. 52. For the purpose of an audit under this Act an auditor may ~ to) requrre in writing the production before him at any document or the supply of any information which he considers to be necessary for the proper conduct of the audit; to) require in writing the personal appearance before him ot any person accountable for. or having the custody or control ct, any such document. or having. direct: y or indirectly, whether by himselt or his partner any share or interest in any contract made with, by or on behalf of. the members of the Municipality concerned: to) require any person so appearing before him to make or sign a decimation in respect oi any such document or to answer any question or prepare and submit any statement. 24]

Penalty

Audit R:-

Action an audit r:-

pm.

P 0 IV a r of auditor to Jar.

ch urge, 21:.

53. Any person who negiects or refuses to comply with the requisition made by the auditor under

sectinn 52 within such time as may be specified, shail, on conviction by a court, be punishabie with a fine which may extend to two hundred rupees in respect of each item inciuded in the requisition.

5-4. (1) Within two months from the date on which an audit under this Act is cornpieted. the

auditor shall prepare a reportanci send a copy of the report to the Chairperson of the Municipality and to the State Government.

(2} The auditor shaii append to his report a statement showing - (a) the grants-in—aid received by the Municipality and the expenditure incurred therefrom

(b) any material impropriety or irregularity which he observe inxthe expenditure or in the recovery of money due to the Municipaiity or in the account at the Municipal Fund;

55. (1) Within two months from the date of receipt of the report referred to in seetien 54, the Municipality concerned shall, at a meeting, remove or cause to be removed any defect or irreg uiarity pointed out in the report and shalt, also interm the auditor oi the action taken by it. The Municipality concerned shall give reasons or explanations if any defect or irregutarity is not removed.

(2) it, within the period referred to in subsection (1), no information is received by the

auditor from the Municipality concerned or the reasons or expianations given by it for not removing any defect or irregularity pointed out in the report is not considered sufficient by the

auditor. the auditor shaii, it he has not already exercised or does not propose to exercise the powers conferred upOn him by section 56, reier the matter to the State Government within such time and in such manner as the State Government may fix.

(3} On receipt of the report under subsection (2), it shall be competent for the State Government to pass such orders thereon as it may think fit. The orders of the State Gevernm ent shall, save as provided in section 56 and 57 De tinai and the Municipality concerned shail take action in accordance with such orders.

(4) if the Municipaiity concerned fails to comply with the order within the period specified therein. the State Government may empower any officer at the State Gavernment to carry out

the order.

(5} Officer empowered under sub—sectten (4) shall, tor the purpose of carrying out the order, exercise any of the powers which might have been exercised by the Municipality

concerned.

56. {1) The auditor. after giving the person concerned an opportunity to submit an explana- tion within a time to be specified by him and after considering such expianation. shaii disaiiow every item of account contrary to Iaw and surcharge the same on the person making or

authorising the making of the illegal payments, and shalt charge against any persdn responsible

for the amount of any ices incurred by the negtigence or misconduct of that person. and snail. in every such case, certify the amounts due hem such person;

Provided that the auditor may in his discretion waive the surcharge or charge in cases where the amount involved does not exceed fifty rupeest

{2) For the purpose of this section any member of e Municipality who is present at a

meeting atwhich a motion or resolution is passed authorising any expenditure which is subse- quently disallowed under eub—section (1). or authorising any action which results in any such

expenditute, Shali be deemed to be a person authorising such expenditure if dissent is net

recorded in the proceedings. All such persans shail be held ieintiy and severally iiabie for such

expenditure.

{3} The auditor shail record in writing his reasons for every disallowence, Surcharge and

charge made under subsection (t) and snail, in such manner as may be prescribed, send a certificate 01' the amount due and acopy of the reasons for his decision tn the person in respect

cf whom the certificate is made, and shalt aiso turntsh copies thereof to the Chairperson of

Penalty Audit Re- Actiorr on nadir r:- pm. P a w e r of auditor to Jar. M urge, 21:. 53. Any person who negiects or refuses to comply with the requisition made by the auditor under section 52 within such time as may be specified. shall, on conviction by a court. be punishable with a fine which may extend to two hundred rupees in respect of each item included in the requisition. 54. (1) Within two months from the date on which an audit under this Act is completed. the auditor shall prepare a reportand send a copy of the report to the Chairperson of the Municipality and to the State Government, (2} The auditor shaii append to his report a statement showing - (a) the grants-in—ald received by the Municipality and the expenditure incurred therefrom (b) any material impropriety or irregularity which he observe inatho expenditure or in the recovery of money due to the Municipatity or in the account at the Municipal Fund; to) any lose or wastage of money or otherproperty owned by or vested in the Municipality. 55. (1) Within two months from the date of receipt of the report referred to in section 54, the Municipality concerned shall, at a meeting, remove or cause to be removed any defect or irreg uiarity pointed out in the report and shall. also inform the auditor of the action taken by it. The Municipality concerned shall give reasons or explanations if any defect or irreguiarity is not removed. (2) if, within the period referred to in subsection (1}, no information is received by the auditor from the Municipality concerned or the reasons or expianatlons given by it for not removing any defect or irregularity pointed out in the report is not considered sufficient by the auditor. the auditor shall, if he has not already exercised or does not propose to exercise the powers conferred open him by section 56. reier the matter to the State Government within such time and in such manner as the State Government may fix. {3) On receipt or the report under subsection (2), it shall be competent for the State Government to pass such orders thereon as it may think fit. The orders of the State Government shall, save as previded in section 56 and 57 be final and the Municipality concerned shall take action in accordance with such orders. (4) if the Municipality concerned fails to comply with the order within the period specified therein. the State Government may empower any officer of the State Government to carry out the order. (5} Officer empowered under sub-section (4) shalt. for the purpose of carrying out the order, exercise any of the powers which might have been exercised by the Municipality concerned. 56. (i) The auditor. after giving the person concerned an opportunity to submit an explana— tion within a time to be specified by him and after considering such explanation. shall disaiiow every item of account contrary to law and surcharge the same on the person making or authorising the making of the illegal payments, and shalt charge against any person responsible for the amount at any loss incurred by the negiigence or misconduct of that person. and shall. in every such case. certify the amounts due frorn such person; Provided that the auditor may in his discretion waive the surcharge or charge in cases where the amount involved does not exceed fifty rupees. {2) For the purpose of this section any member of a Municipality who is present at a meeting at which a motion or resoiution is passed authorising any expenditure which is subse- quently disaliowed under sub—section (1). or authorising any action which results in any such expenditure, shall be deemed to be a person authorising such expenditure if dissent is not recorded in the proceedings. All such persons shall be held iointly and severally iiable for such expenditure. {3) The auditorshali record in writing his reasons for every disaiiowance, surcharge and charge made under subsection (1) and sheii. in such manner as may be prescribed, send a certificate of the amount due and acopy of the reasons for his decision to the person in respect of whom the certificate is made, and shalt aiso turntsh copies thereof to the Chairperson of 242

Appeal.

I'aym en!

ufrerflfild

IMMI'.

C :1 rt a I II ("Jlt and

expense: Pnflb‘lafl:

wm-

T n .r a s which may

be im- posed.

Municipaiity concerned and the State Government. (4) The State Government may. of its own motion and within one year item the receipt

by it at the copy at the certificate. seteside or modify any disallowance, surcharge or charge and any certificate in respect thereof made by the auditor.

57. (1) Any person from whom any sum has been certified by the auditor to be due under section 56 may, within thirty days at the receipt by him of the certificate. appeal to the State

Gevernm ent to setastde or modify the disaiiowahce. surcharge or charge in respect oiwhich the certificate was made and the State Government may pass thereon such orders as it thinks tit, and such Grdets shall be tinat.

(2) Where a person referred to in subsection (2) ct seetion 56 who has been surcharged

as authorising ah ittegai expenditure. appeafs to the State Government under this section, the State Government shall setaside such surcharge it it is proved to its satisfaction that such person

voted tor the reeoiution in good faith.

58. (1) The sum certified by the euditet to be due trom any person under section 56 or when

an appeai is made under subsection (1) of section 57. such sum as way be ordered bythe State Governm em to be due from such person shalt, within two months of the date of certification, or

order! as the case may be. be paid by such person to the Municipaiity concerned which shatl

credit the sum to the fund of the eencemee Municpelity. (2) Any'sum not paid in accordance with the provisions of subsection {1) shati be

recoverabie as public demand underthe ptowsmns of the Sikkim Public Demands Recovery Act. 1988 if the Municipality passes a resoiutieh to that effect and communicates it to Certificate Officer appointed under the said Act.

{3} The Certificate Ottéeer on receipt of such communication under subsection (2) and

on being satisfied with the demand shat! ptoceed to reccvet It as soon as may be and the sum

so recovered by him shalt be sent to the Municipatity eencemed and the same shait be etedited it: the fund hi the concerned Municipality,

59. (1} Alt expenses incurred by the Municipality concerned in compiy‘tng with any requisition

of the auditor under section 52 and in prosecuting an offender underseetion BBshail be paid from the tund of the Municipality concerned.

(2) A11 expenses incurred bythe Certificate Officer in connection with the proceedings for

recovery of any sum under subsection t 3) otsectien 58 from a person, it not rectwered from the person. shail be paid trem the fund of the Municipeiity concerned.

CHAPTER - V1

MUNICEPAL TAXATION

60. [1} Subject to the provisiehs of this Chapter and with the previous approval at the State

Government. a Municipetity may. from time to time, impose in the whete er in any part of a

Municipality any of the feltewing taxes, tees and toils to: the purpose of this Acthnagheiy :-

(a) a tax on heidt‘ngs Situated withirt the Municipality assessed en their annuat value.

payable by the owner of the buitding or land or both;

(bi a tax on art or any of the vehicles. other than these imposed under the Sikkim

Motor Vehicles Taxation Act i982 er animals used tbr riding, driving, draught or burden and

used within the timits oi the Municipaiity whether they are actueiiy kept within or outside the

said limits;

(6) an ectrcé en goods b'oughtwt-thM the timits of the Municipatity for sate, censumpiton

or use within such itmits;

(d) :3 iattine-tex_ myshie by the owner at hrsnnpiers tor Icniiectton‘ remover and disease!

I nfl yaw.

Appeu L i'aym en! ufrerﬂﬁzd IMMI'. C o rt 0 I II (unit and expense-f “you“: unm- T n .r a s which may be I‘m- posed. Municipality concerned and the State Government. (4) The State Government may. of its own motion and within one year from the receipt by it of the copy of the certificate. set aside or modify any disallowance, surcharge or charge and any certificate in respect thereof made by the audttOf. 57. (1) Any person from whom any sum has been certified by the auditor to be due under section 56 may, within thirty days of the receipt by him of the certiﬁcate. appeai to the State Governm ent in setaside or modify the disallowance. surcharge or charge in respect ofwhich the certificate was made and the State Government may pass thereon such orders as it thinks tit, and such orders shall be final. {2) Where a person referred to in subsection (2) of secrion 56 who has been Surcharged as authorising an iliegal expenditure. appeals to the State Government under this section, the State Government shall setaside such surcharge it it is proved to its satisfaction that such person voted for the resolution in good faith. 58. (1) The sum certified by the auditor to be due from any person under section 56 or when an appeal is made under subsection (1) of section 57. such sum as may be ordered by the State Government to be due from such person shalt, within two months of the date of certification, or order! as the case may be. be paid” by each person to the Municipality concerned which shail credit the sum to the fund of the concerned Municzpality. (2) Any-sum not paid in accordance with the provisions of suosection (1) shall be recoverable as public demand undertne proviaons of the Sikkim Public Demands Recovery Act. 1988 if the Municipality passes a resotution to that effect and communicates it to Certificate Officer appointed under the said Act. {3} The Certificate Ofﬁcer on receipt of such communication under sub-section (2) and on being satisfied with the demand shat! proceed to recover It as soon as may be and the sum so recovered by him shall be sent to the Municipality concerned and the same shall be credited to the fund of the concerned Municipality, 59. (1) Alt expenses incurred by the Municipality concerned in complying with any requisition of the auditor under section 52 and in prosecuting an offender undersection 53 shall be paid from the fund of the Municipality concerned. (2) All expenses incurred bythe Certificate Officer in connection with the proceedings for recmery of any sum under sub-section i 3) ofsection 58 from a person, if not recovered from the person. shall be paid from the fund of the Municipality concerned. CHAPTER - V1 MUNICEF’AL TAXATION 60. [1} Subject to the provisions of this Chapter and with the previous approval of the State Government. a Municipatinr may. from time to time, impose in the whote or in any part of a Municipality any of the following taxes, fees and tells tor the purpose of this Acthnarneiy :- (a) a tax on hoidings Situated within, the Municipality assessed on their annual value. payable by the owner of the huiiding or land or both; (bi a tax on all or any of the vehicles. other than those imposed under the Sikkim Motor Vehicles Taxation Act, i982 or animals used for riding, driving, draught or burden and used within the limits of the Municipality whether they are actuaiiy kept within or outside the said limits; is) an octrcé on goods brought Within the limits of the Municipality for sale, consumption or use within such limits; (d) :3 lattice—tax, playroom by the owner or occupiers for collection removal and disposal 243 r (if! yes.

1" a .r c r

all Gave”!- mem hard—

lags.

Reunrmm

regarding m r on holding.

hiunict'pnd- 3'1; Eoefra'tr- mine Hid

minunan of 1.0M. fags.

R-Eurmm- quirod fur a J C F f '

Whig" m1-

naalvaIur.

of excrementatiens of offensive matter from latrines, privies, urinals, cesspools or compounds

by the municipat agency: (e) a Iightjng-tax, where the lighting arrangement is made by the Municipality; (ft 3 drainage-tax. where a system at drainage has been introduced by the Municipality; (g) a tax on deeds oi transfer of immovable property situated within the limits of the

Municipatity:

(h) a tax on advertisements made within the limits of the Municipetity other than non- commercial undertaking advertisements published in newspapers;

(i) a water-tax where water is supplied by the Municipatity:

{1) market fees on persons exposing goods ler sale in any market or in any place beionging to or under the control of the State Government or of the Municipality;

(k) a betterment charge on properties the value of which may be increased as a result of town planning scheme imptemented by the Municipality;

(i) a tax on theatres. theatrical periormance and other shows for pubttc amusement; (m) a duty on the transfer or property; {n} a tax on professon. trades and ceilings:

{e} a tax on dogs kept thhin the Municipai a'ee'. (p) a tell on vehicles and animals entering the Municipal atea but not liable to taxation

under ctauee {b}; (q) a tax on piigrims resorting periodically to a shrine within the Itmite of the Municipality;

(r) a tax on passengers and goods carried by road:

(5) any other taxtelt. rate. charge or fee. (2) At taxes. rates, tees, telis, duties orchargee levtabie under sub—eection (1) shall be

ievieu at such rates and in such manner as may be prescribed.

(3) With the previous sanction of the State Government a Mun5cipaltty may. from time to

time, charge a ‘ee in respect of the issue and the renewal of any licence which may be granted

by the Municipaiity under this Actanc‘ in respect bfwhich no fee is leviabie under sub—seetien (1 ).

(4} Nothing in this section shall euthetise the impesition oi any tax. feeto-i, charge or rate which the State Legislature has no power to impose in the State under the Censtitutien of india.

6:. Notwithstanding any provision to the contrary, all Municipai taxes including service charge except under clause (a) of sub-section {1) of semen 50 in respect of Government holdings shall

be payabte ‘(0 the Municipatity by the Government Department which is in. control and management 0! helcings.

62‘ The State Government sheii have the power to exempt by an order published in the Ofiiciai

Gazette any ciese of building or holding horn :‘evying any hex under this Act

63. Wnen it has been decided to impose any tax on the annuai value of holdings, the assessor

aher making such inquiries as tray ‘09 necessary. ehati determine the valuation of alt hodings

within the Municipality as heteinafzer provided. and shall enter the same in the fist called the valuation ttst. which shat! be in the prescribed form;

Provided that valuation other than generai valuation may be made by the Municipality through such person as may be autherised by the Municipality in this behalf.

64. The assessor. in ordet to prepare the valuation iiet may, whenever he thinks fit by notice. require the owners 0: occupiers 0t ail heioinge to turnish him. within fifteen days frem the date at receipt of notice with returns of the rent or annual value thereof and a description of the heldings in such detait as the Municipatity may direct. and the assessor. at any time between Sunrise and sunset. may enter. inspect and measure any such hotdtngs:

Provided that at ieast ferty-eight heure' ptevioue notice at the intention to enter. inspect and measure any holding shati be given to the owner or occupier thereof. unless he waives his right

to such notice. 244

T a .r c r onGmem- mom hard- lugs. Restricts-m regarding to r on herding hfunicipnl- III)‘ Eodru'lr- mint Hui vaiuatmn 0} hold. mgr. Run-rm».- quirod for a J C F f - Whig" rm- naatvakw. of excrementations of offensive matter from latrines, privies, urinals, cesspools or compounds by the municipai agency: (9) a lighting-tax, where the lighting arrangement is made by the Municipality; (ft 51 drainage-tax. where a system ot drainage has been introduced by the Municipality; (g) a tax on deeds cl transfer of immovable property situated within the limits of the Municipality: (h) a tax on advertisements made within the limits of the Municipality other than non- commercial undertaking advertisements published in newspapers; (it a water-tax where water is supplied by the Municipality: U) market fees on persons exposing goods lor sale in any market or in any place belonging to or under the control at the State Government or of the Municipality; (k) a betterment charge on properties the value or which may be increased as a result of town planning scheme implemented by the Municipality; (i) a tax on theatres. theatrical pertormance and other shows for public amusement; (m) a duty on the transfer or property; in) a tax on professzon. trades and ceilings: to) a tax on dogs kept Within the Municipal ease; to} a toll on vehicles and animals entering the Municipal area but not liable to taxation under ciause {b}; to) a tax on pilgrims resorting periodically to a shrine within the limits of the Municipality; in a tax on passengers and goods carried by road: is) any other iaX,EDI|. rate. charge or ice. (2) At taxes. rates, lees, tolls, duties or charges leviable under Sub-section (i) shall be levied at such rates and in such manner as may be prescribed. (3) With the previous sanction of the State Government a Municipality may. from time to time, charge a ‘99 in respect of the issue and the renewal at any licence which may be granted by the Municipality under this Actano‘ in respect ofwhich no fee is teviable under subsection (1 t. (4) Nothing in this section shall authorise the imposition at any tax. recto-i, charge or rate which the State Legislature has no power to impose in the State under the Constitution of lndia. 6:. Notwithstanding any provision to the contrary, all Municipai taxes including service charge except under clause (a) of sub-section {1) of season 50 in respect of Government holdings shall be payable [0 the Municipality by the Government Department which is in control and management oi holcings. 62. Tie State Government shall have the powerto exempt by an order published in the Official Gazette any class of building or holding from revying any sex under this Act 63. When it has been decided to impose any tax on the annuai value of holdings, the assessor aher matting such inquiries as may he necessary. shall determine the valuation of all hodings within the Municipality as hereinaf:er provided. and shall enter the same in the list called the valuation iist. which shall be in the prescribed form; Provided that valuation other than general valuation may be made by the Municipality through such person as may be authorised by the Municipality in this behalf. 64. The assessar. in order to prepare the valuation list may. whenever he thinks fit by notice. require the owners or occupiers of ail holdings to turnish him. within tit-teen days from the date of receipt of notice with returns of the rent or annual value thereof and a description of the holdings in such detaii as the Municipality may direct. and the assessor. at any time between sunrise and sunset, may enter. inspect and measure any such hoidings: Provided that at leasttor‘ty-eight hours' previous notice of the intention to enter. inspect and measure any holding snail be given to the owner or occupier thereof. unless he waives his right to such notice. 244

Penahyj'ar defau Ll En

furnish Eng ' Mturuand fa? Db-

struction

of asses- .fal'.

Dalermi-

nalion of

a n u u a i value of holding.

Determi- nation DJ"

mu often: on hold- Eng.

Prepara-

u'an afar.

:cssmenl register.

Power to asses: con- Jolidal’ed

lax for b u i tdi n g andiandan which 3'!

Hands.

Reduction of matu- alian , nevi-

siak of

vnhd‘an'all

and assess-

ment and

revin‘on of

Va [nation

65. (1} Whoever refuses ct fails to furnish any such return within the period stipulated in section 64, or knowingly furnishes a false or incorrect return or description, shaii be punishable with tine not exceeding fifty rupeesand with further fine not exceeding ten rupees for each day ,

during which he omits to furnish a true and correct return (2) Whoever obstruct5,h1nders or prevents the assessors appointed by the Municipality

from entering or inspecting or measuring any such hoiding shall be punishable with fine not exceeding two hundred rupees.

66. Annuai vaiue means ~ (a) in the case of hotels, celieges. schools, hospitals, factories, and othersuch buildings,

a proportion not exceeding five per cenfum. to be of the sum fixed by the rule made in this behalf obtained by adding the estimated value of the land appurtenant thereto; and

(b) in the case of a buiiding or land not falling within the provisions of ciause (a), thegross annual rent for which such buiidings, exclusive of furniture or machinery therein or such land is actuaiiy let, or where the building or land is not let or in the opinion of the Municipality is let for

a sum less than ”Its fair letting value. might reasonably be expected to let from year to year: Previded thatwherethe annual vaiue of any building would, by reason cfexbeptionai circum» -

stances, in the opinion of the Municipality be excessive if calculated in the aforesaid manner, it may fix the annual vaiue at any less amount which appears to it suitable:

Provided further that the rules framedIn this behalf shail be subject to the prior approval of

the State Government.

67. The mode or procedure and the rate of ievy of tax on the land holdings will be such as may be prescribed in this behalf.

53. As soon as-possible after the percentage at which the tax is to be levied shall have been

determined underthe preceding section I the Municipality shalt cause to be prepared an assess- ment register which shall contain the foliowing patticuiars, and any other matters which the Municipality may think proper to include-

(a) number of the holding on the register with the name of the road, If any, in which the holdingiS situated;

(b) annuaivalue of the holding (as statedIn the valuation list);

to) names of owner and occupier; (-d) amount of tax payable for the financial year;

(6) amount to taxes payable separateiy under ciauses (a), (d), (e) or (i) of sub-eection (1) of section 61; '

(f) amounts of quarteriy instalments; and (g) . if the holding is exempted from assessment, a note to that effect.

69-. (1) if any building belongs to one Owner and the [and on which it stands and any adjacent

land whichis usually occupied therewith belongs to another, the Municipality may value such building and land together, and may impose thereon one consolidated tax.

(2). The total amount of the tax shali be payable by the owner of the building who shall there after be entitled to deduct from the rent which he pays for the tent! such proportion of the

tax so paid by him as is equal to the proportion which such rent bears to the annual value of the hoicting

{3) In case 0?disputes the Municipality shalt determine whatamount the owners of the building and of the land shalt pay respectiyely.

70. (1) The Municipality may, at any time direct'an alteration in, er amendment of. the assessment register-

(a) by entering therein the name of any person or any property which in Its opinion ought to have been entered or any property which has becomeiiabt'4 to taxation after the preparation of the assessment register; or

(b) by substituting therein wih effect from the date of succession or transfer, as the

Penalryj'ar defau ii in furnishing ' ”farmland fa? ob- struclion of asses, tar. Determi- ualion of a u u u a i value of Raiding. Determi- nation of mte afm on hold- Eng. Prepara- liar: afﬁx.- scssmenl register. Power to assess con- solidal’ed lax for b u i tdi n g andiandon which 3'! Hands. Reduction of valu- ation , nevi- Siﬂ-ﬂ of vnhd'an'ou and assess- ment and revision of Va [nation 65. (1) Whoever refuses or fails to furnish any such return within the period stipulated in section 64, or knowingly furnishes a false or incorrect return or description, shall be punishable with fine not exceeding fifty rupees and with further fine not exceeding ten rupees for each day , during which he omits to furnish a true and correct return (2) Whoever obstructs, hinders or prevents the assessors appointed by the Municipality from .entering or inspecting or measuring any such holding shall be punishable with ﬁne not exceeding two hundred rupees. 66. Annual value means — (a) in the case of hotels, cottages. schools, hospitals, factories, and othersuch buildings, a proportion not exceeding five per centum, to be of the sum fixed bythe rule made in this behalf obtained by adding the estimated value of the land appurtenant thereto; and (b) in the case of a building or tend not falling within the provisions of clause (a), thegross annual rent for which such buildings, exclusive of furniture or machinery therein or such land is actuaily let, or where the building or land is not let or in the opinion of the Municipality is let for a sum less than its fair letting value. might reasonably be expected to let from year to year: Provided thatwhere the annual value of any building would, by reason ofexbeptionai circum» - stances, in the opinion of the Municipality be Excessive if calculated in the aforesaid manner, it may fix the annual value at any less amount which appears to it suitable: Provided further that the ruies framed In this behalf shall be subject to the prior approval of the State Government 67. The mode or procedure and the rate of levy of tax on the land holdings will be such as may be prescribed in this behalf. 63. As soon sis-possible after the percentage at which the tax is to be levied shall have been determined under the preceding section, the Municipality shalt cause to be prepared an assess- ment register which shall contain the following particuiars, and any other matters which the Municipality may think proper to include- (a) number of the holding on the register with the name of the road if any, in which the holding is situated; (b) annuai value of the holding (as stated' in the valuation list); (c) names of owner and occupier; (d) amount of tax payabie for the financiai year; (6) amount to taxes payable separately under clauses (a), (d ), (e) or(i ) of sub- section (1) of section 61; (f) amounts of quarterly instalments; and (g) . if the holding is exempted from assessment, a note to that effect. 9.(1) if any building belongs to one owner and the land on which it stands and any adjacent land which is usually occupied therewith belongs to another, the Municipality may vaer such building and land together, and may impose thereon one consolidated tax. (2). The total amount of the tax shall be payable by the owner of the building who shall there after be entitled to deduct from the rent which he pays for the land such proportion of the tax so paid by him as is equal to the proportion which such rent bears to the annual value of the holding ' (3) In case of disputes, the Municipality shall determine whatamount the owners of the building and of the land shall pay respectively. 70. (i) The Municipality may, at any time direct-an alteration in, or amendment of. the assessment register- (a) by entering therein the name of any person or any property which in its opinion ought to have been entered or any property which has become iiabl a to taxation after the preparation of the assessment register; or (b) by substituting therein wi h effect from the date of succession or transfer, as the 245

list and n:- 5 es s m e u I register. '

Nalicel‘o’n’

given to

Municipal- ("Iy for trans)?” of

title ofpsre sons liable topayment aflaa:

Revision of va I fill {1'0 1‘:

List.

Appoint-

ment 9f

ascsror and power of Slaie Govern- ment! to

direct {he

appoint-

menlnfas-

season

Revision of 1¢Sesslu£fll register.

case may be, for the name of the owner of any hotding. the name of any other person who has succeeded by transfer or othenIIIise, to the ownership of the holding: or

(c) by altering the yaiuation of or assessment on any holding which in its opinion has been incorrectly valued or assessed;or

(d) by re-valuing or re-assessing any holding the value or which has been increased by additions or alterations to buildings; or .

(e) by reducing, upon the apptication of the owner the valuation of any holding which - has been 'wholly or partiy demolished or destroyed or the vaiue of whichhas diminished from

any cause beyond the control of the owner; or

(f) by correcting any clerical .or arithmetical error. (2) The Municipality shall give at least one month’s notice to any person interested in

any atteraticn which the Municipality p‘roposes to make under clause (a). (b). (c). or (d) of sub- section (1) and of the date on which the alteration will be made.

[3) Every alteration made under sub-section (1)'In the assessment register shat! be signed by the Executive Officer.

71. (1) Whenever the title to any holding is transferred. both the tfansteror and the

transferee shall, tor the purpose of clause (b) of sub—section (1)0fsectibn 70 within three months after the execution oithe instrument oftransfer, or if no such instrument is executed. within three '

months after the transfer is effected, give notice in writing of such transfer to the Municipaiity. {2) in the event of the death of the person in whom such title vests. the person to whom

as heir or otherwise the title of the deceased is transferred by descent or device shall, within one

year from the death ofthe deceased. give notice in writing of such succession to the Municipality.

(3) Every person liable for the payment of taxes on any holding, who transfers his title to or over such property, without giving notice of such transfers to the Municipality as aforesaid shaii, unless the Municipality on the ground of- hardship arising out of special circumstances- othetwise directs continue to be liabie tor the paym entof all such taxes ifom time to time payable in Iespect of the said property untii he gives such notice, or until the transfer shalt have been recorded"In the Municipal books.

(4) The Municipality may levy a tee not exceeding five rupees for every such transfer

of title to a holdingIn additIon to the tax provided forIn clause (g) of sub--secticn (1) of section 60.

?2. (i; A new vaiuation list shaii, unless otherwise ordered by the State Government. be preparedIn the same manner as the originai list. once in every five years.

(:2)- Subject to any aiteration or amendment made undersectIon 70 and to the result of any

application made under section 71 every valuation list or the assessment register shall be vaiid from the date on which the list or register takes effect in the Municipality.

73. (1) The Municipality, for the purpose of general 'valuation may, with the concurrence of the State Government, appointment an assessor who Is neither an empioyee nor a member of the

Municipality on such pay and with such establishment as it may determine. (2) Notwithstanding anything contained in section 72, if at any time itappears to the State

vaernment that the valuation in any Municipality is insufficient, excessive or inequitable, the

State Government may, by an order in writing, require the Municipality to revise the valuation or to show cause against revision with a specified time, and if the Municipaiity faits to comply with

the order or in the opinion of the'State Government the cause shownis inadequate, the State Government by an order in writing, require the Municipality to appoint with the approval of the

State Government an assessor for the Municipality within a time and for a period to be specified in the order. The order shall fix the pay of the assessor and the cost of his establishment and the pay and cost shalt be paid monthly by the Municipality.

74 Whenever the valuation list is revised or aitei‘ed wholly or in part or a newpercentage'Is fixed

under section 7'1. the assessment register also shall be revised and all consequential changes made therein.

list and as- ses smenl‘ register. ' Nalicel‘oln’ given to Municipal- ity for lmusﬁn of title ofpers sons “able to payment aflax. Re vision of w: 5 Ha iioﬂ' List. Appoint- ment of ascssor and power of Stale Govern- ment to direct {he appoint- menlnj'as- sessar. Re vision of assassmenl register. case may be, for the name of the owner of any holding. the name of any other person who has succeeded by transfer or otherwise, to the ownership of the holding: or (c) by altering the valuation of or assessment on any holding which in its opinion has been incorrectly valued or assessed ;or (d) by re- valuing or re- assessing any holding the value or which has been increased by additions or alterations to buildings; or . (e) by reducing, upon the appiication of the owner the validation of any holding which . has been 'wholly or partly demolished or destroyed or the value of whichhas diminished from any cause beyond the control of the owner; or (f) by correcting any clerical .or arithmetical error. (2) The Municipality shall give at least one month’s notice to any person interested in any aiteration which the Municipality proposes to make under clause (a), (b). (c). or (d) of sub- section (1) and of the date on which the alteration will be made. (3) Every alteration made under sub- section (1 )' In the assessment register shaii be signed by the Executive Officer. 71. (1) Whenever the title to any holding is transferred. both the transieror and the transferee shell, for the purpose of clause (b) of sub—section (1 ) of section 70 within three months after the execution ofthe instrument oftransfer, or if no such instrument is executed._within three ' months after the transfer is effected. give notice in writing of such transfer to the Municipaiity. {2) in the event of the death of the person in whom such title vests, the person to whom as heir or otherwise the title of the deceased is transferred by descent or device shall, within one year from the death ofthe deceased. give notice in writing ofsuch succession to the Municipality. (3) Every person liable for the payment of taxes on any holding, who transfers his title to or over such property, without giving notice of such transfers to the Municipality as aforesaid shali, unless the Municipality on the ground of hardship arising out of special circumstances otherwise directs continue to be liabie for the paym entof all such taxes from time to time payable in respect of the said property untii he gives such notice, or until the transfer shaii have been recorded" In the Municipal books (4) The Municipality may levy a fee not exceeding five rupees for every such transfer of title to a holding In addition to the tax provided for In clause to) of sub- section (1) of section 60. 72. (i) A new vaiuation list shaft, unless otherwise ordered by the State Government. be prepared In the same manner as the originai list. once in every five years. (:2)- Subject to any aiteraiion or amendment made undersection 70 and to the result ofany application made under section 71 every valuation list or the assessment register shall be vali d from the date on which the list or register takes effect in the Municipality. .i 73. (1) The Municipality, for the purpose or general Valuation may, with the concurrence of the State Government, appointment an assessor who is neither an em pioyee nor a member of the Municipality on such pay and with such establishment as it may determine. (2) Notwithstanding anything contained in section 72, if at any time itappears to the State deernment that the valuation in any Municipality is insufficient. excessive or inequitabie, the State Government may, by an order in writing, require the Municipality to revise the valuation or to show cause against revision with a specified time. and if the Municipality faiis to comply with the order or in the opinion of the'State Government the cause shownis inadequate, the State Gavernment by an order in writing, require the Municipality to appoint with the approval of the State Government an assessor for the Municipality within a time and for a period to be specified in the order. The order shall fix the pay of the assessor and the cost of his establishment and the pay and cost shalt be paid monthiy by the Municipality. 74 Whenever the valuation list is revised or altered wholly or in part or a new percentage' Is fixed under section 7'1, the assessment register aiso shall be revised and all consequential changes made therein. 246

Effect of revision qf

u I .I n- s .I - mean reg- istrr. I": x: In J; -

fit»: and

rnmiut'on.

P a w r r of uric:-

50f.

Publica- uwr arm?-

Iirc I7! 1 I: J u s - mint.

Appflcn . flat! for

"wine.

I’rorzdmre flzr 71- vi: w.

75. The first assessment register prepared for any Municipality undet the Act and any revi' ":In thereof or atteration therein made under the foregoing sections shall, subject to the provisions of section 70 and 80 take effect from the beginning of the quarter following the publication at the notice mentioned in section 78

?6. (1) The taxes mentioned in clause (a). (b) and (c) of sub-section ( 1) of section 60 shaII ‘ not be assessed or levied on any building or holding which is used exclusively as a place at public worship. or on any holding which is duly registered as a public burial or burning ground under ‘

this Act. {2) The Municipality may exempt from assessment to the tax mentiuned in clause (1} of ‘

sub-section (1 } of section 60 at a m eating on any holding used for the purposes otapublic charity. ‘ {3) The Municipality may reduce the amomt payable on account of any of the taxes

mentioned-in clause {a}, (d}‘ (e) and (i) of sub-aection (1) at section 60 or remit the same on the ‘ ground of excessive hardship to the person liable to pay the same:

Provided that such reduction or remission shall not. unless renewed by the Municipality.

have effect for more than one financial year.

?7, An assessor appointed by the MuniCIpatity under section 73 shall exercise at! such powers of valuation as may be vested In her; by the Municipaiity as may be prescribed.

78. When the valuation list mentioned in section 63 and the assessment register mentioned in section 68 shall have been prepared or revised, the Chairperson shall sign the same and shat] cause them to be deposited in the office of the Municipality and shalt cause a notice to be published in such form and manner as may be prescribed.

{2} In all cases in which any property is for the first time assessed or the assessment is ‘

increased. the Executive Otiicer shalt aise give netiee thereof to the owner or ocwpier of the property

79. (1) Any person who is dissatisfied with the amount assessed upon him or with tne

valuation or assessment at any holding or who disputes his occupation of any holding or his liability to be assessed, may appiy to the Municipazity to review the amount of assessment or valuation or to exempt him from the assessment of tax:

vaided that no application shaiI be entertained unless the appticant has pate all arrears

of dues to the Municipality accrued up-te the Gate 01 such appiIcation otner thar‘ the sum which

has been enhahced by the valuation or assessment agamst which the review application has

been filed.

(2} When an assessor has been appointed under section 2’3. notice of every such

application shall be given by the MUNCI‘DalIly to the assessor.

80. (1) Every appiieation presented under section 79 shall be neard and determined by a

committee conSIatIng at not mere lhan five 'neIIIbere.

{2) The Chairperson or the Vice-Chairpersen shall be one of the members 0‘? such

Comm-hee‘ exeefficio am: the other members shall be appointed from among the members by

the Municipality:

Provided that no members so appointed Shall take part in hearing 0' determining any

applicat-on iron the were in whch he resides, o' M the case of an elected member, the ward

which he represents. but nothing in this proviso shall prevent any each member from giving

evidence With regard to the matters under enquiry.

{3} No such appiication shall be heard or determined by the Committee unless at least

three members including the Chairperson or the Vice-Chairperson are present.

{4) The Cammiitee shah give notice to the a_oplacant ot the time and place at which

apeiicatIoh wt: be heare and aite takii'g such evidence and making such enquiries as may be deemed ne-seeaary Er. tn;- pieeence of the objector or his agent. If he appears, the Committee

shall pass such orders as It ma“,i deem fit in I'GSDQCI at such appiicatien

{5) ii the CemmIttee orders that any vaiuation to which the application relates shail be

Effc n of revision of u .r J r s .l‘ - menu reg- iurr. I": x: In [J - than and "mi-uh". P a w r r of uric:- Stir. Publica- flow of no- rirc of a is J c .I s - mam. APpHca . {fan for "vinyl. Procedure for r:- s-I': w. 75. The first assessment register prepared for any Municipality under the Act and any raw or. thereof or alteration therein made under the foregoing sections shall subject to the provisional of section 70 and 80 take effect from the beginning of the quarter following the publication at the notice mentioned in section 78. ?6. (1) The taxes mentioned in clause (a). (b) and (c) of sub-section (1) of section 60 shaii ‘ not be assessed or levied on any building or holding which is used exclusively as a place at public worship. or on any holding which is duly registered as a public burial or burning ground under ‘ this Act. {2) The Municipality may exempt from assessment to the tax mentioned in clause (1; of ‘ sub-section (1 i of section 60 at a m eating on any holding used for the purposes otapublic charity. ‘ {3) The Municipality may reduce the amount payable on account of any or the taxes mentioned-in clause {a}. (d). (e) and (i) of sub-section (1) ct section 60 or remit the same on the ‘ ground of excessive hardship to the person liable to pay the same: Provided that such reduction or remission shall not. unless renewed by the Municipality. have eflect for more than one ﬁnancial year. 7’7. An assessor appointed by the Munimpality under section 73 shall exercise all such powers of valuation as may be vested in him by the Municipailty as may be preschbed. 78. When the valuation list mentioned in section 63 and the assessment register mentioned in section 58 shall have been prepared or revised, the Chairperson shall sign the same and shall cause them to be deposited in the office of the Municipality and shall cause a notice to be published in such form and manner as may be prescribed. (2} In all cases in which any property is for the first time assessed or the assessment is ‘ increased. the Executive Otlicer shall aiso give netice thereof to the owner or occupier of the property. 79. (1) Any person who is dissatisfied with the amount assessed upon him or with the valuation or assessment cl any holding or who disputes his occupation of any holding or his liability to be assessed, may apply to the Municipaity to review the amount of assessment or valuation or to exempt him from the assessment of tax: Provided that no application shall be entertained unless the applicant has paid all arrears of dues to the Municipality accrued tip-to the date or such application other than the sum which has been enhacced by the valuation or assessment against W‘thh the review application has been filed. (2} When an assessor has been appointed under section 2’3. notice of every such application shall be given by the Muricroaliiy to the assessor. 80. (1) Every application presented under section 79 shall be heard and determined by a committee conclsttng oi not more than five merrtbers. {2) The Chairperson or the Vice- Chairperson shall be one of the members {2‘ such Committee ex officio one the other members shall be appointed from among the members by the Mun: cipal ty: Provided that no members so appointed shall take part in hearing 0' determining any applicant-on fro-.7: the ward in which he rasides. o- m the case of an elected member, the ward which he represents. but nothing in this provrso shall prevent any such member from giving evidence with regard to the matters under enquiry. {3} No such appiication shall be heard or determined by the Committee unless at least three members inc luding the Chairperson or the V “26- -Cha rperson are drasent. {4) Tire Committee shall give not its to the .oplcant oi the time and place at which application wt: be heard out i at is take 9 suci evidence and malt: r: 9 such enquiries as may be deemed necessary in it‘s; presence of the objector or his agent. it he appears, the Committee shall pass such orders as it ma ,v deem fit in. cepect of such appiication {5; ii the Committee orders [’13: any valuation to which the app ication relates shall be 247

Limikdou cf mu far appli— cation for

mien.

.-l r t e n r .

mm to b: gueuiam

only and" Ill: Act.

Til: mu invalidfur

defect in farm.

reduced. brief reasons for such reduction shat] be recorded.

(5) The decision of-the Committee or ofa majority of the members thereof in respect of‘ any application referred to in this section shalt be final.

31. Unless good cause shail be shown to the satisfaction of the aforesaid committee for‘

extending the time allowed, and save as is otherwise expressly provided in this Act, no such

application shall be received after the expiry of one month from the date of the publication of the i notice required by section 7'8 relating to the list or register containing the assessment in respect of which the application is made. or after the expiry of fitteen days from the date of service ofthe fitst nctice of demand for payment at the rate in respect at which the appiication is made, ‘ whichever period shall iast expire:

Providéd that if the Municipality has served anotice undersection 7'8 on any person. no such application shall be received from him afterthe expiry oftiiteendays from the date of such service.

82. No objection shatl be taken to any assessment or valuation in any other manner except as

. provided in this Act.

83. Noassessment ottax on property and no charge or demand of anytax made underauthority of this Act shalt be invalid for error or detect in torm, and it shall be enought in any valuation or assessment for the purpose if the property so valued or assessed is so described as to be

7 generally knawn and it shaii not be necessary to name the owner or occupier thereof.

CHAPER-Vll

FUNCTIONS OF MUNICIPALITIES

Function: 84. Every Municipality shail perform the foilowing functions within its respective jurisdiction, 01' Munici—

namety-

(8) (b) (C) (d) (9) (f) (9) (h) (I)

Urban planning incIuding town pianning. Regulation of tand-use and construction oi buildings.

Planning for economic and social development. Roads and bridges. Water supply for domestic, industrial and commercial purposes.

Public heaith, sanitation, conservancy and soiid waste management. Fire services. Urban iorestry, protection of the environment and promotion of ecological aspects. Safeguarding the interest of weaker section of society, including the handicapped and

. mentally retarded.

(i) (K) (it (“1) (H)

urns.

(0) in) in)

iences.

(r)

Slum improvement and upgradation. Urban poverty aiieviation.

Provision oi urban amenities and faciiities such as parks, gardens, playgrounds. Promotion of cuttural. educational and aesthetic aspects Buriais and burial grounds, cremations. cremation grounds and eiectric crematori—

Cattle ponds. pievention of crueity to animats. , Vitai statistics inciuding registration of births and deaths. Public amenities including street lighting. parking lots. bus stops and pubtlc conven-

Reguiation of staughtar houses and tannerias.

(sanitation of rim: for appli— cation for mic-or. .-l r c e I s . m ta 5: guards-rm only under Ill: Act. ”A: not invalufur dcfcc: I'll fem. reduced. brief reasons for such reduction shall be recorded. (5) The decision oi-the Committee or ofa majority of the members thereof in respect of‘ any application referred to in this section shall be final. 81. Unless good cause shall be shown to the satisfaction of the aforesaid committee for‘ extending the time allowed, and save as is otherwise expressly provided in this Act, no such application shall be received after the expiry of one month from the date of the publication of the i notice required by section 7'8 relating to the IiSt or register containing the assessment in respect of which the application is made, or after the expiry of fifteen days from the date of service ofthe first notice of demand for payment at the rate in respect or which the application is made, ‘ whichever period shall last expire: Provided that if the Municipality has served anotice undersection 7'8 on any person, no such application shall be received from him afterthe expiry oftiiteendays from thedate of such service. 82. No objection shall be taken to any assessment or valuation in any other manner except as . provided in this Act. 83. No assessment ottax on property and no charge or demand oi anytax made underacthority of this Act shall be invalid for error or detect in form. and it shall be enought in any valuation or assessment for the purpose if the property so valued or assessed is so described as to be generally known and it shall not be necessary to name the owner or occupier thereof. CHAPER-Vll FUNCTIONS OF MUNICIPALITIES Function: B4. Every Municipality shall perform the following functions within its respective jurisdiction, in! Mari-I ici- pah‘b. ham sly- (60 lb} (C) W) (e) it) is) in) (ii Urban planning including town planning. Regulation of tend—use and construction of buildings. Planning for economic and social development Roads and bridges. Water supply for domestic, industrial and commercial purposes. Public health, sanitation, conservancy and solid waste management. Fire services. Urban torestry, protection of the environment and promotion of ecological aspects. Safeguarding the interest of weaker section of society, including the handicapped and . mentally retarded. (i) (K) iii if”) (n) urns. (0) to) in) lenses. (ii Slum improvement and upgradation. Urban poverty alleviation. Provision 0! urban amenities and facilities such as parks, gardens, playgrounds. Promotion of cuitural. educational and aesthetic aspects. Burials and burial grounds, cremations. cremation grounds and electric crematori- Cattle ponds, prevention of cruelty to animals. r Vital statistics including registration of births and deaths. Public amenities including street lighting. parking lots. bus stops and pubilc conven- Flegulatlon oi staughter houses and tanneries. 248

CHAPTER—VIII

RECOVERY OF MUNIICIPAL CLAIMS

$4.1“;fo 85. it any tax payable underthis Act by the owner of any holding remains unpaid after the notice .«i-r car tax otdemand has been duly served, and it such owner is not teaidentwithin the Municipaiity, or the :3:_{:‘:: place of abode ot'euch owner is unknown, the tax may be recovered from the occupier tor the d r .. I time being ofeuch holding. who may deduct, from the next and ioitowing paymentof the rentthe ”m" amount of which may be so paid by or recovered from him:

Provided that ii any such hotding is occupied by more than one person. the sum to be recovered from any one of such persons shail be proportionate to the vaiue of the part of the holding in the respective occupation of such person.

I 011988. ‘

Rmmr 86. It any hoiding‘ie occupied by more than one tenant holding severally. it shalt be lanUi f0? ‘ {$1.13 .1} the Municipality to recover from the owner at such holding any taxes payabte under this Act by acrnricr'! the occupier oi the holding. m in ctr-

rafn turn.

”mm, 8?. Whenever any tax shall be recovered from any owner of any hoiding under the provisions byamraf oi the preceding section. it shall be lawful tor such owner if there shall be but one occupying $331: tenant of such entire holding, to recoverirom such tenant the entire amountof the tax which shalt mu. have been so paid by such owner. and ,it there shall be one occupying tenant of a part of such

hoiding or more than one occupying tenant of such holding. then to recover from each tenant

Such sum as shall beat to the entire amount of tax which may have been so recoweted trom such nwnerat the sameproportion as the value of such holding in the occupation otsuch tenant bears to the entire value ot such holding, subject however‘ to the provisions of section 92.

M . in ad 88. Every ownerwhot, under the provisions oi the preceding section, may be entitled to recover gfiffl’ any sum from any occupying tenant at any holding or of any portion thereof, shalt havejor the

recovery of such sum aii such and the same remedies, powers. rights, and authorities as ifsuch sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occunation of such tenant.

hW-W- 89. (1) A Municipality may use its own land or building, or purchase, take on lease or :1" {:3 otherwise acquire any iano‘ or building for the purpose oi estabiishing Municipal markets or “m, of improving any existing Municipai market.

markets. (2} A Municipality may levy rents, tolis and tees at such rates as it may think proper for

the right to expose goods for sale in a Municipal market and for use oi shops and stalis standing therein and mayaiso regutate such rates in respect ot ptivate markets or places used or declared by such Municipality as a market piece by a public notice in the locality

(3) A Municipality may grant a lease under this section for a period not exceeding three years for the coilection oi rents“ toils and tees in Municipai markets at the rates fixed by the Municipaiity under subsection (2].

(4) A tease ot a Municipal market appointed under subsection (3) may refuse to aitow

any person to expose goods for sale in the market or to use shops and stats standing therein until the proper rent. tolls and fees have been paid.

(5} Whoever. having rendered himsettiiable to the payment ottenes. toils ertees, retuses to pay the same shall be punishable with fine which may extend to one hundred rupees,

{6) When resistance is ohereo‘to any person authorised to coiiect rents, toits or tees, any notice oh’icer shalt. for that purpose. have the same powers as he has in the exercise of his ordinary police duties.

8mm? 90. {1) Where any sum is due on account of a tax. other than octroi or tot} or any simh‘ar tax grunt m' . . . i . . _ i i

flrrvnra u; payabie upon immediate demand from a person to a Muntmpatrty the Municmatity may. Without :1"? 4” prejudice to any other mode of recovery provided in this Act, appiy to the CerttftCfltG Otficer to

' recover such sum together with costs of proceedings incurred in that behatt in accordance with

CHAPTER-VIII RECOVERY OF MUNIICIF‘AL CLAIMS P311: 85. if any tax payable underthis Act by the owner of any holding remains unpaid after the notice PE" or m of demand has been duly served, and it such owner is not residentwithin the Municipality, or the 33:3: place of abode el'such owner is unknown, the tax may be recovered from the occupier tor the d e .. r time being ofsuch holding. who may deduct, from the next and following paymentof the renttha “m" amount of which may be so paid by or recovered from him: Provided that it any such holding is occupied by more than one person, the sum to be recovered from any one of such persons shall be proportionate to the value or the part of the holding in the respective occupation of such person. I 011988. ‘ freezer! 86. It any holding‘is occupied by more than one tenant holding severally, it shall be lawful for ‘ ' m the Municipality to recover from the owner or such holding any taxes payable under this Act by cumm- of ampler': the occupier oi the holding. m in ctr- (afn rarer. mm", 8?. Whenever any tax shall be recovered from any owner of any holding under the provisions Miami-of oi the preceding section, it shall be lawful for such owner if there shall be but one occupying 3:33;; tenant of such entire holding, to rscovertrom such tenant the entire amountoi the tax which shall owner. have been so paid by such owner, and it there shall be one occupying tenant of a part or such holding or more than one occupying tenant of such holding, then to recover from each tenant ouch sum as shall bear to the entire amount of tax which may have been so recmered from such owneral the same proportion as the value of such holding in the occupation ofsuch tenant bears to the entire value ot such holding, subject, however, to the provisions of section 92. M . III ad 83. Every owner who, under the provisions of the preceding section, may be entitled to recover :{ﬁﬁﬁq any sum from any occupying tenant at any holding or of any portion thereof, shall havejor the recovery of such sum all such and the same remedies, powers. rights, and authorities as if such sum were rent payable to such owner by such tenant in respect of so much of such holding as may be in the occupation of such tenant. “rm-Mir 89. ( 1) A Municipality may use its own land or building, or purchase, lake on lease or :3: {:3 otherwise acquire any land or building for the purpose oi establishing Municipal markets or “we, of improving any existing Municipal market. markers. (2) A Municipality may levy rents, tolls and tees at such rates as it may think proper for the right to expose goods for sale in a Municipal market and for use oi shops and stalls standing therein and mayalso regulate such rates in respect ot private markets or places used or declared by such Municipality as a market place by a public notice in the locality. (3) A Municipality may grant a lease under this section for a period not exceeding three years for the collection oi rents. tolls and less in Municipal markets at the rates ﬁxed by the Municipality under sub-section (2). (4) A lease or a Municipal market appointed under sub-section (3) may reiuse to allow any person to expose goods for sale in the market or to use shops and stalls standing therein until the proper rent. rolls and fees have been paid. (5] Whoever, having rendered himseifliable to the payment orients. rolls crises, roluses to pay the same shall be punishable with line which may extend to one hundred rupees {6) When resisrance l5 ohorodto any person authorised to collect rams, toils or toes, any police officer shell, for that purpose. have the same powers as he has in the exercise of his ordinary police duties. Enemy 90. i; 1) Where any sum is due on account of a tax, other than octroi or toll or any similar tax a :05 4‘- . . . r . . r . #3..“ Z; payable upon Immediate demand from a person to a Munrorpairty, the Munrorpaiaty may, Without 5;? dr- prejudice to any other mode of recovery provided in this Act, apply to the Certificate Olticor to ' recover such sum together with costs of proceedings incurred in that cobalt in accordance with 249

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the provisions of the Sikkim Public Demands Recovery Act, 1988. (2) The Certificate Officer, on being satisfied that the sum mentioned in the application

under sub-section (1) is due, ehait proceed to recover it as soon as may be thereafter, as pubtic demand.

9t. (1) [1 money be due under this Act in respect of any holding from the owner thereof on account of any tax. expenses or charges recoverable under this Act, it the owner of such holding or his whereabouts are unknown or the ownership thereof is disputed. or=when the owner lives

outside the Municipality and has failed to pay inspite of service of demand notices twice, the Municipality may publishtwice. atan interval ofthreemonthe, a notification of sale otsuoh holding and after the expiry at hot tees than three months from the date of the test pubtication, unless the amount reooverabte be paid. may soil such holding to the highest bidder. who shatt, at the time

of sele,depoett tonhwithtwenty-tive percent ot the purchase money and the balance shalt be paid within fifteendaysot the date of sate. indefault of themoney. itany, so deposited shaiibeforfeited

andtheholdtng shat! beresold. Atterdeducting the amountooeto the Muniotpaiities as aforesaid. the surplus sate proceeds, it any, shalt be credited to the Municipal fund and may be paid on

demand to any person who estabtishes his right to the satisfaction of such Municipality or in a court of competent jurisdiction.

(2) Any person may pay the amountdoe atany time before the oomp‘etion of the sale and may recover such amount by a suit in a court of competent jurisdiction from any person

beneficialiy interested in such property.

92. The irrecoverabie sum due to a Municipatity may be written ch in such manner and by such authority as may be preocribed.

CHAPTER-IX

MUNiC'IPAL POWER AND OFFENCES

- 93. (1} A Municipality may- (a) lay out or make new pubtio road; or (b) widen open, entatge or otherwise improve any pubiic road and conettuct tunneis and

other works subsidiary to sooh road; or (c) divert di montinue 0t ctose permanentty any public road; or

to} set! or lease the [and forming such road or any part thereof acquired for the purpose 0! such r r for any other purpose of this Aet-

1’ovi ed that no such pubtio road shall bedieoonttnued, permanently otoseo‘ or used for any

other purposes without the previous sanction of the State Government. [2) in laying out, making, turning diverting widening opening, en:'arging or othenntise

improving any public road. the Municipaltty may in accordance with the provisions of this Act. acquire land for the carriage-way, tootways and drains thereof.

94. {1) Where a Municipality considers that in any road not being a public road or in any part at such road within the Municipality. it ts necessary. for the pubtic heaith, convenience or safety

that any work should be done for the ieveiling, paving, metatiing, fiaggingphanneiiing, draining,

lighting or Cleaning thereof, the Munteipatity may, by written notice, require the owner or owners of the road and the owners of the several tends or buildings, facing or adtoining the said road or

abutting thereon to carry out such works in such manner and w‘ithin such time as may be speettied

in such notice.

(2) 1f the notice under eub-seotion (t) is not complied with, such work may be executed by the Municipality, the eXpanses thereby incurred shat! be apportioned by the Municipaiity between such owners and in such manner as it may think tit, regard being had to the amount and

value of any work aiready done by the owners or occupiers of such tends and buildings.

Pdﬁ‘r It: in?“ un- c to 1m ad I: u hh' u g I for money Alf. Writing 917 n! firmw- e r a b I 9 sum; duew 1’)? Mn- mummy. Pa we r: in relpect ofﬂoad. I’awers to "pair. rlc. of prints: 1 a a d . Wu sit. the provisions of the Sikkim Public Demands Recovery Act, 1988. (2) The Certiﬁcate Officer, on being satisfied mat the sum mentioned in the application under sub-section (1) is due, shall proceed to recover it as soon as may be thereafter, as public demand. 9t. (3) it money be due under this Act in respect of any holding from the owner thereof on account of any tax. expenses or charges recoverable under this Act, if the owner of such holding or his whereabouts are unknown or the ownership thereof is disputed. or=when the owner lives outside the Municipality and has failed to pay insoite of service of demand notices twice, the Municipality may publish twice. atan interval ofthres months. anotification ofsaleoisuch holding and after the expiry oi not less than three months from the date of the last publication, unless the amount recoverable be paid, may sell such holding to the highest bidder. who shall, at the time of sale,deposlt lonhwitntwenty-iive percent ol the purchase money and the balance shall be paid within fifteen days at the date or sale. in default of themoney. ifany. so deposited shallbeforieited andtheholdino shall be resold. Atterdeducting the amountoueto the Municipalities asaforesaid, the surplus sale proceeds, if any, shalt be credited to the Municipal fund and may be paid on demand to any person who establishes his right to the satisfaction of such Municipality or in a court of competent jurisdiction. (2) Any person may pay the amountdue starry time before the oomp‘etion of the sale and may recover such amount by a suit in a court of competent jurisdiction from any person beneficially interested in such property. 92. The irreccverabie sum due to a Municipality may be written off in such manner and by such authority as may be preacribed. CHAPTER-IX MUNiClPAL POWER AND OFFENCES - 93. (1} A Municipality may- (a) lay out or make new public road; or {b} widen. open, enlarge or otherwise improve Elly public road and const"uct tunnels and other works subsidiary to such road; or (c) divert. discontinue or close permanently any public road; or to) sell or lease the land forming such road or any part thereof acquired for the purpose oi such r r for any other purpose of this Act: rovi ed that no such public road shall bediscontinued, permanently closed or used for any other purposes without the previous sanction of the State Government. (2) in laying out. making, turning, diverting, widening. opening. enlarging or omen-rise improving any public road. the Municipality may, in accordance with the provisions of this Act. acquire land for the carriage-way. footways and drains thereof. 94. {1) Where a Municipality considers that in any road not being a public road or in any part 01 su0h road within the Municipality. it is necessary. for the public health, convenience or safety that any work should be done for the levelling, paving, installing, flagging ,channelling, draining, lighting or cleaning thereof, the Municipality may, by written notice, requrre the owner or owners of the road and the owners of the several lands or buildings, facing or adjoining the said road or abutting thereon to carry out such works in such manner and within such time as may be speciﬁed in such notice. (2) if the notice under sub-section (t) is not complied with, such work may be executed by the Municipality, the expenses thereby incurred shall be apportioned by the Municipality between such owners and in such manner as lt may think lit, regard being had to the amount and value of any work already done by the owners or occupiers of such lands and buildings. 250

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(3) After such work has been carried out by the owner or by the owners or on the lai ,re of the owners to do so, by the Municipality at the expenses of such owners, the road or part thereol in whlch such work has been done may. and on the joint requisition of a majority of the said owners shall be declared by public notice affixed at a conspicuous place therein by the

Municipality. to be a public road.

95. (t) The Municipality may, by public notice. prohibit or regulate the driving. riding or

loading oianimals orvehiclesolany particular kind along anypublic road or part oianysuch road

(2) Any person who disobeys an order passed by the Municipality under the provisions of subsection (1) shall be punishable with line not exceeding one hundred rupees.

96. Any person. who without the permission of the Municipality- (a) Encroaches upon any public road or house, gully or upon any public drain. sewer,

aqueduct. water-course by making any excavation or by erecting any wall, tenca. rail, post,

projections or other obstructlons. or by depositing any movable property thereon. or

(b) takes up or alters the pavements or other materials. fences or posts on any public road,

shall for every such offence. be punishable with fine not exceeding twenty-live rupees for every

day during which the encroachment continues aim the first conviction.

97. (1) Subject to the prowslon of this Act and the rules and bye-laws made thereunder, no itinerant vendor. or any other person shall use or occupy any public road or place for the sale

at articles or for the exercise of any calling or tor the setting up any booth-stall without the

permission of the Municipality. (2) Whoever violates the pl'OViSiOn olsub-section (1) shall be punishable wim linewhlch

may extend to five hundred rupees. and with a further fine which may extend to twenty-five rupees for every subsequent offence alter the first conviction.

‘

98. A Municipality may, notwithstanding any proceedings which may have been started against him under this act, issue a notice requiring anyperson to remove any buildingwhich he may have

built or any fence. rail, post or other obstructions or encroachmenls which he may have erected

or stacked, on any part oi a public road, house. gully, public drain, sewer, aqueduct. water-

course, ghat or any land vested in the Municipality. and it such person fails to comply with such

requisition within forty-eight hours of the receipt oi the same, the Magistrate may. on the

application of the Municipality, order thatsuch obstructions or encroachments be removed, and

thereupon the Municipality may remove any such obstructions or encroachments and the

expenses thereby incurred shall be paid by the persons who erected or stacked the same.

99. (t) if the person who built, erected or stacked the said building, fence. rail. post or other

obstructions or encroachments relerred to in the preceding section is not known or can not be

found, the Municipality may cause a notice to be pasted in the neighbourhood of the said

buildings. fence. rail. post or other obstructions for encroachments. requiring any person interested in the same to remove it, and it shall not be necessary to name any person in such

requisition. '

(2) It the said building, fence, rail. post or other obstructions or encroachments be not

removed in compliance with the requisition contained in such notice within tortyAeighl hours or

the pasting or the same. the Magistrate may. on the application of the Municipality, order that

such obstructions or encroachmen's be removed. and thereuoon the Municipality may remove

any such obstruction or encroachment and may recoverthe cost at such removal by sale of the

materials so removed.

(3) The surplus sale-proceeds. ii any, shall be credited to the Municipal fund, and may be paid on demand to any person who establishes his right to the satislacilon oi the Municipality or In a court oi competent jurisdiction.

25I

Plan I B l- ”on n/ m .1 "one nude a, clan of a n in u n, marl: I" "urn. run“, for on cranrh. In"! or! p . c H: mm. Una”... Hernia! plan Dy vlwdorl cal other Firtunl ".4 ,.... l l r y Iii-mf- Pawr: to num- no. ninth-Ills, anew-rt. mills. and pair-mom in or o. r rr 0 I I i: ”did, use. Proudly: who): pay. ion to mud». Human. mm- 9. foul l (3) Ahersuch work- hes been carried out by the owner or by the owners or on the fol ,re of the owners to do so, by the Municipality at the expenses of such owners. the road or part i thereof in which such work has been done may. and on the joint requisition of a majority of the said owners shall be declared by public notice afﬁxed at a conspicuous place therein by the Municipality, to be a public road. 95. {1) the Municipality may, by public notice. prohibit or regulate the driving, riding or leading oianimals or vehicles otany particular kind along anypubiic road or part ofanysuch road (2) Any person who disobeys an order passed by the Municipality under the provisions of Subsection (1) shall be punishable with line not exceeding one hundred rupees. 96. Any person, who without the permission of the Municipality- (al Encroaches upon any public road or house, gully or upon any public drain, sewer, aqueduct. water-course by making any excavation or by erecting any wall, fence, rail, post, projections or other obstructions, or by depositing any movable property thereon, or (b) takes up or alters the pavements or other materials, fences or posts on any public road, shall for every such offence, be punishable with ﬁne not exceeding twenty-five rupees for every day duriny which the encroachment continues otter the ﬁrst conviction. 97. (1) Subject to the provrslon of this Act and the rules and bye-laws made thereunder, no itinerant vendor. or any other person shall use or occupy any public road or place tor the sale or articles or for the exercise of any calling or tor the setting up any booth-stall without the permission of the Municipality. (2) Whoever violates the provision olsub-section (1) shall be punishable wim linewhlch may exmnd to five hundred rupees, and with a further line which may extend to twenty-ﬁve rupees for every subsequent offence after the first conviction. ' 98. A Municipality may, notwithstanding any proceedings which may have been started against him under this act, issue a notice requiring anyperson to remove any buiidingwhich he may have built or any tence. rail, post or other obstructions or encroachmenls which he may have erected or stacked, on any part of a public road, house. gully, public drain, sewer, aqueduct. water- course, ghet or any land vested in the Municipality. and it such person fails to comply with such requisition within forty-eight hours at the receipt or the same, the Magistrate may. on the application of the Municipality, order thatsuch obstructions or encroachments be removed, and thereupon the Municipality may remove any such obstructions or encroachment: and the expenses thereby incurred shall be paid by the persons who erected or stacked the same. 99. (1) it the person who built, erected or stacked me said building, fence, rail. post or other obstructions or encroachments reierred to in the preceding section is not known or can not be found, the Municipality may cause a notice to be pasted in the neighbourhood of the said buildings, fence. rail, post or other obstructions for encroachments, requiring any person interested In the same to remove It, and it shall not be necessary to name any person in such requisition. (2) It the said building, fence, rail, post or other obstructions or encroachments be not removed in compliance with the requisition contained in such notice within fortyxoight hours or the posting or the same, the Magistrate may. on the application of the Municipality, order that such obstructions or enoroachmens be removed. and thereuoon the Municipality may remove any such obstruction or encroachment and may recoverthe cost of such removal by sale ofthe materials so removed. (3) The surplus sale-proceeds, it any, shall be credited to the Municipal fund, and may be paid on demand to any person who establishes his right to the satislaction oi the Municipality or In a court oi competent jurisdiction. 25 I

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100(1) A Municipality may issue a notice requiring the owner or occupier of any building to remove oraiter any projection. obstruction or encroachment erected or placed against or in front of such building, it the same overhangs the public road or juts into, or in any way projects or

encroaches upon. or is an obstruction to the sale and convenient passage along any public road

or house-gully. or obstntcts or projects or encmaches into or upon anydrain, sewer. or aqueduct in any public road or into or upon any public water—course or ghat or any land vested in the

Municipality. (2) ll such owner or occupier tails to comply with such requisition within forty~eight hours

oi the teceiptotthenotibe orwithin such tunhertime as the Municipality mayallow, the Magistrate may. on the application of the Municipality order that such projection. obstruction or encroach-

mentbe removed or altered, andthereupon theMunicipality may remove oraltersuch projection. obstruction or encroachment and any reasonable expenses incurred for the purposes ol such

removal or alteration shall be paid by the detaulting mrvner or occupier.

(3) lithe expenses or removing or altering any such structure or fixture is paid by the

occupier ot the building, in any case in which the same was not erected by himself, he shall be

entitled to deduct any reasonable expense incurred for the purpose of such removal or alteration

item the rent payame by him to the owner of the building.

tot. Notwithstanding anything contained in sections 98 and 100, a District Magistrate or

a Sub-Divisional Magistrate shall, on being so required by the State Government, order any

person responsibletor any obstruction or encroachment or protection as specified in sections 98

and 100 to remove or altersuch obstruction or encroachment or projection wrthin a period of not

lessthaniortyeight hours and on noncompliance ofsuch order, maytake s:epsro remove such

obstruction or encroachment or projection and realise the expenses thereby incurred from the

person concerned as line in a Criminal Court:

Provided that in case the persons responsible tor such obstruction, encroachment or

projection are not known or cannot be found the procedure laid down in section 93 shall be

followed.

102. Every order made by a Magistrate under sections 96.87.98.99.t00 or 101 shall be

deemed to be an order made by him in the discharge at hisjudicial duty and the Municipality shall

be deemed to be persons bound to execute such orderwithin the meaning or the Judicial Otlicers

(Protection) Act. 1850.

103‘ A Municipality may require the owner or occupier or any land within three days to trim

or prune the hedges thereon bordering on any public road or drain and to cut and trim any trees

or bamboo: thereon overhanging any public road. drain or tank. or any well used for drinking

purposes, or obstructing any public road or drain or any property or the Municipality or likely to

cause damage to person using any public road, or fouling or lakely to foul the water otany well

or tank.

10 .. Whoever. being the owner or occupier of any house or land within a Municipality. tails

to comply with n requisrtlon issued under the provisions of sections 98,99,l Do or 101 shall be

punishable with fine not exceeding live hundred rupees and with a lunher tine not exceeding

twenzy—five rupees for every day during which the default is continued after the ilrsl conviction.

105.0) A Municipality may cause a name to be given to any public road and to be fixed in such

place as it may think fit. and may also cause a number to be affixed to every building and in like

manner may. from time to time. cause such names and numbers to be altered.

(2} Any person who destroys, pulls down, detaces or alters any name or number out up

by the Municipality under sub-section (1) shall. [or every such offence, be punishable with line

which may extend to twenty live rupees,

Cut-at

.m In a] use.

r: uro- [nub-illi- mu u be row" to murmur until-:1. amt Sal‘- 11mm": "ﬁlm In "nave encroach. run-tum. mm, 1.. "within by m. sur- Gov- mat. ray." 9/ mm: ullllr acc- lionr D6. 97, so, a), [M or Ml. Municipal. a; no, u- quiu tun. hoMIn II: J I i 1' rip-mew. rut-twin dbobcyl'n. m'uhr'ﬂon 14114:: M- lion: 9.: 99. 10/. 101. Name 0/ p - l r r c m4. "4 wumbmaf building 10041) A Municipality may issue a notice requiring the owner or occupier of any building to remove oralter any projection. obstruction or encroachment erected or pieced against or in front of such building, it the same overhangs the public road or juts into, or in any way projects or encroaches upon. or is an obstruction to the safe and convenient passage along any public road or house-gully. or obstmcts or projects or encroaches into or upon anydrain, sewer, or aqueduct in any public road or into or upon any public water—course or ghat or any land vested in the Municipality. (2) ll such owner or occupier lails to comply with such requisition within fonyeight hours oi the receipt olthenotice orwithln such lurtl'ier time as the Municipality mayallow, the Magistrate may, on the application of the Municipality order that such projection. obstruction or encroach- mentbe removed or altered, andthereupon theMunicipality may remove oraltersuch projection, obstruction or encroachment and any reasonable expenses incurred for the purposes oi such removal or alteration shall be paid by the detaulting owner or occupier. (a) It the expenses at removing or altering any such structure or ﬁxture is paid by the occupier of the building, in any case in which the same was not erected by himself, he shall be entitled to deductany reasonable expense incurred for the purpose of such removal or alteration lrom the rent payable by him to the owner of the building. tot. Notwithstanding anything contained in sections 98 and 100, a District Magistrate or a Sub-Divisional Magistrate shall, on Doing so required by the State Government, order any person responsibletor any obsiructi on or encroachment or protection as speciﬁed in sections 98 and 100 to remove or altersuch obstruction or encroachment or projection within a period of not lessthan iorty~eight hours and on noncompliance oieuch order, may take stepsto remove such obstruction or encroachment or projection and realise the expenses thereby incurred from the person concerned as line in a Criminal Court Provided that in case the persons responsible lor such obstruction, encroachment or projection are not known or cannot be found the procedure laid down in section 93 shall be followed. 102. Every order made by a Magistrate under sections 96,87,98.99.i00 or 101 shall be deemed to be an order made by him In the discharge at hisjudicial duty and the Municipality shall be deemed to be persons bound to execute such orderwithin the meaning nitric Judicial Ofﬁcers (Protection) Act, 1850, 103‘ A Municipality may require the owner or occupier of any land within three days to trim or prune the hedges thereon bordering on any public road or drain and lo cut and trim any trees or bamboos thereon overhanging any public road. drain or tank. or any well used for drinking purposes, or obstructing any public road or drain or any property of the Municipality or likely to cause damage to person using any public road, or fouling or likely to foul the water of any well or tank. 10 .. Whoever, being the owner or occupier of any house or land within a Municipality. tails to comply with a requisition issued under the provisions ol sections 98,99,i no or 101 shall be punishable with fine not exceeding live hundred rupees and with a lurther ﬁne not exceeding lwonLy-ﬁve rupees for every day during which too default is continued alter the first conviction. 105.0) A Municipality may cause a name to be given to any public road and to be fixed in such place as it may think ﬁt, and may also cause a number to be afﬁxed to every building and in like manner may, from time to time, cause such names and numbers to be altered. (2} Any person who destroys, pulls down, delaces or alters any name or number not up by the Municipality under sub-section (1) shall. [or every such offence, be punishable with ﬁne which may extend to twenty live rupees, 252 Cur-ar‘ Act to a] use.

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BUILDING

106.0) No person shall erect. materially alter. or re-erect any building without sanction of the

Municipality.

(2) Every person who intends to erect, materially alter or recrect any building shall give notice in writing to the Municipality of such intention in such form and manner as may be

prescribed.

(a) An alteration in a building lor the purposes or this section be deemed to be material if lt-

ta) affect: or is likely to affect prajudicially the stability or salety of the building or the

condition of the building in respect or drainage, ventilation, sanitation or hygiene;

(b) increases or diminishes the height or area covered by, or the cubical capacity of the

building. or of any room In the building.

101(1) Within one month alter the receipt or the notice required by sub-section (2) or section

105, the Municipality may refuse to sanction the building or may sanction it either absolutely or

subject to such modification as it may deem tit and on payment of such tee or charges as may be prescribed in respect of all-or anyof the matters specified in bye-laws and the person erecting.

materially altering or re-erecting any such building as aforesaid shall comply with the sanction of the Municipality as granted in every particular case.

(2) Should the Municipality neglect or omit for three month alter the receipt of a valid

notice to make and deliver to the person who has given such notice an order olsanclion or relusal

in respect thereol, it shall be deemed to have sanctioned the proposed building absolutely.

(3) The Municipality may refuse to sanction the erection. material alteration orre~erection

ofany building elthercn the grounds affecting the particular building crlr‘. pursuance ola general scheme adopted by the Municipality at a meeting restricting the erection or recreation of building

oranyclass or building within specified limits forthe prevention or overcrowding, or in the interest

or the residents within such limits or for any other public purposes. Permission may also be

refused in any case inwhich there is any dispute between the Municipality and the applicant as

to the title of the land on which it is proposed to erect the building until such dispute is decided.

108i Apermissiontcerect, materiallyalter or rererect a building granted under this Chapter shall, unless it is renewed on an application made to the Municipality for this purpose, continue

only for one year alter the date on which it is granted, unless the work has been commenced

within that period and in any case she” not continue for a period longer than two years item the

date unless it is so renewed.

109. Whoever erects, materially alter or reflects or commences to erect, materially alter

or reerects or commences to erect, materially alter or rererect any building without the previous sanction of the Municipality, or in contravention of any directions given by the Municipality

granting sanction under section 107, shall be liable to a (me not exceeding five thousand rupees

for every such oflence. and to a further line not exceeding titty rupees for each day during which

the offence is continued alter his first conviction.

11041) If the construction of a building isstarted or ii a budding is materially altered or erected-

(a) without sanction as required by sub-section (1) ol section 107; or

(b) without notice as required by section 108: or

to) when sanction has been refused; or

(d) in contravention of the terms of sanction granted: or

(9) when the sanction has lapsed; or

(f) in contravention of any bye-laws made under this Act:

the Municipality may. by notice to be delivered within a reasonable time. require the building to

be altered or demolished as it may deem necessary, within the period ofthirty days from the date

of the service of such notice'

Provided thal the Municipality may, instead or requiring the alteration or demolition of any

Emﬁolud bum-u wlrhoul nation. Pow": 0f Mullah-l- ily Ia mm- lien or «I- m. Lap" of lllrliani Pendi’fnr hulldint w t i 1. an r or t.- pour-eun- lieu of "mum. h". of [he in... niclpaﬂly m c." «if-tune. lira“. BUILDING 106.“) No person shall erect. materiaity alter. or re-erect any builcﬂng without sanction oi the Municipality. (2) Every person who intends to erect, materially alter or re-erect any building shall give notice in writing to the Municipality ol such intention in such form and manner as may be prescribed. (a) An alteration in a building tor the purposes of this section be deemed to be material if lt- ia) afiects or is likely to affect prejudicially the stability or safety of the building or the condition or the building In respect at drainage. ventilation, sanitation or hygiene; (o) increases or diminishes the height or area covered by, or the cubical capacity oi the building. or of any room In the building. 101(1) Within one month alter the receipt oi the notice required by sub-section (2) at section 106, the Munidpality may refuse to sanction the building or may sanction it either absolutely or subject to Such modiﬁcation as it may deem tit and on payment of such tee or charges as may be prescribed in respect ol all-or anyolthe matters specified in bye-laws and the person erecting. materially altering or reverecting any such building as aforesaid shall comply with the sanction of the Municipality as granted in every particular case. (2) Should the Municipality neglect or omit for three month after the receipt of a valid notice to malteand deliver to the person who has given such notice an order ofsanction or relusal in respect thereol, it shall be deemed to l‘ave sanctioned the proposed building absolutely, (3) The Municipality may refuse to sanction the erection. material alteration orre~erection ofany building eitheron the grounds shooting the particular building orln pursuanCe ola general scheme adopted by the Municipality atameeting restricting the erection or recreation olbuilding oranyclass of building within specified limits forthe prevention of overcrowding, or in the interest of the residents within such limits or for any other public purposes. Permission may also be refused in any case inwhich there is any dispute between the Municipality and the applicant as to the title of the land on which it is proposed to erect the bu:lding until such dispute is decided 108‘ Apermissionto erect, materialiyalter or rererec‘t a buitdlno granted under this Chapter shall, unless it is renewed on an application made to the Municipality for this purpose, continue only tor one year after the date on which it is granted, unless the work has been commenced within that period and in any case shall not continue tor a period longer than two years from the date unless it is so renewed. 109, Whoever erects, materially alter or ro-erects or commences to erect, materially alter or rearecls or commences to erect, materially alter or re-erect any building without the previous sanction of the Municipality, or in contravention at any directions given by the Municipality granting sanction under section 107, shall be liable to a fine not exceeding live thousand rupees for every such orience, and to a further line not exceeding lirty rupees tor each day during which the oiience is continued alter his first conviction 110(1) It the construction ol 3 building isstarted or ii a building is materially altered or erected- (a) without sanction as required by sub-section (1) ol section 107; or (b) without notice as required by section 108: or lo) when sanction has been refused; or (d) in contravention of the terms of sanction granted: or (9) when the sanction has lapsed; or (f) in contravention at any bye-laws made under this Act: the Municipality may, by notice to be delivered Within a reasonable time. requtre the building to be altered or demolished as it may deem necessary, within the period ofthrny days from the date of the service of such notice' Provided Ihat the Municipality may, instead or requiring the alteration or demolition of any 253

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such building, accept by way of composition such sum as it may deem reasonable.

(2) Any person who fails to comply with a requisition issued by the Municipality under the

provisions oi sub-section (1) shall be liable to a fine not exceeding five hundred rupees and to

a tunherfine not exceeding twenty-five rupees for every day during which the person continues to make such default after service on him 01 such requisition.

111. The Municipality may, by written notice, require any person who has made any external root or wall with thatch, mats, leaves or other intlamable materials and in contravention

otbyeJlaws made under this Act toremove or altersuch roof or wall within a period to be specified in the notice.

112. The Municipality may attach or cause to be attached to the outside of any building brackets lor lamps in such manner as not to occasion any injury thereto or Inconvenience.

113. (1) ltabuiiding. or aroom inthe buildingis,in the opinion oi the Municipality. unfit

for human habitation in consequence of the want of proper means of drainage or ventilation or

othemise. the Municipality may, by notice, prohibitthe owner or occupier thereof from using the

building or room for human habitation or uttering it to be so used whether absolutely or unless.

within a time to be speciiied in the notice, he ettects such alteration therein as is specilied in the

notice.

(2) Upon lailure at a person to whom notice is issued under subsection (1) to comply therewith. the Municipality may require by runner notice the demolition oftnc building or room.

(3) Any person who uses a building or room or otters it to be used contrary to the

provisions ol subsection (1) shall be punishable with fine not exceeding two thousand rupees,

and with a further fine not exceeding twenty-five rupees for every day during which the otlence

continued after Ihe first conviction.

11441) A Municipality may require, by notice. the owner or occupier of any land or building-

(a) to demolish. secure or erairwithin eight days from the date of service of the notice.

in such manner as itdeems necessary, any building. portion of a building. wall or other structure

or anything affixed theretowhich appears to it tobe in a ruinous cond ition ordangerousto inmates

or any passer-by or other property, or

(b) to repair. secure or enclose, within eight days from the date at servtce of the notice. in such manner as it deems necessary any tank, well or excavation belonging to such owner or

in the possession of such occupier which‘apoears to the MuniCipality to be dangerousto person

by reason of its situation. want of repair or other such circumstances.

(2) Where it appears to the Municipa’ity that immedia'e ac:ion is necessary for the

purpose of preventing immediate danger to any person or property. it sharl be the duty at the

Municipality to take immediate action and recover the expense so incurred from the owner or

occupier of the building or the owner or occupier oi the land to which such building or other

structure or anything is affixed.

1 15, Whenever it appears to a Municipality that any budding by reason or abandonment or

disputed ownership or other cause is untenanted or unoccupied. or by reason of having fallen

into ruins, atlords leciiities tor the commission ot a nuisance by disorderly person error the

harbouring oi snakes or other noxious animals, the Municipality may require the owner at such

budding or the land towhioh such building is attached. to properly secure the same or to remove

or level such ruins. as the case may require.

11 6. Any owner or occupier oi a house Orland who fails to comply with a requisition issued

by the Municipality under the provisions or section 114 and 115, shall be liable. for every such

default, to a penalty not exceeding five hundred rupees. and to a further penalty not exceeding

twentyrfive rupees tor every day during which the default is coniznued alter tne expiry of fifteen

days from the date of service on him or such requisition.

keen and exl‘rnll wusnollo ’ b. and! a]. I up. n . MAI: Ina. (amp. Power: 4.. a l l l L‘ h mum of new. smut" unﬁt [or n u a n n tableau»... Placing gr 5 tub-g a. a dang-r. out mic. Mankind- .r, m, "- akin awn- ": m pull a u w - mm. 1' ¢ :- a try for an. .531”... nutrition and” 1::- Hunt 114 and us. such building, accept by way of composition such sutn as it may deem reasonable. (2) Any person who fails to comply with a requisition issued by the Municipality under the provisions oi subsection (1) shall be liable to a flne not exceeding five hundred rupees and to a turther line not exceeding twenty-five rupees for every day during which the person continues to make such default after service on him oi such requisition. 111. The Municipality may, by written notice, require any person who has made any external root or wall with thatch, mats. leaves or other inllamable materials and in contravention otbyeJlaws made under this Act toremova or altersuch roof or wall within a period to be speciﬁed in the notice. - 112. The Municipality may attach or cause to be attached to the outside of any building brackets lor lamps in such manner as not to occasion any injury thereto or inconvenience. 113. (1) llabuildlng,oraroom inthebuildingis,inihe opinion oitheMunicipality. unﬁt for human habitation In consequence oi the want of proper means of drainage or ventilation or othenlvise, the Municipallty may, by notice, prohibit the owner or occupier thereof irom using the building or room for human habitation or uttering it to be so used whether absolutely or unless, within a time to be specilied in the notice. he eilects such alteration therein as is speciﬁed in the notice. (2) Upon lailure at a person to whom notice is issued under subsection (1) to comply therewith. the Municipality may require by lunher notice the demolition of the building or room. (3) Any person who uses a building or room or offers It to be used contrary to the provisions ol subsection (1) shall be punishable with line not exceeding two thousand rupees, and with a further fine not exceeding twenty-ﬁve rupees for every day during which the pitches continued after Ihe first conviction. 11411) A Municipality may require, by notice. the owner or occupier of any land or buildinj- (a) to demolish, secure or repairwithin eight days from the date of service of the notice. in such manner as itdeems necessary, any building. portion oi a building. wall or other structure or anything aliixed theretowhich appears to it tabs in a ruinous condition ordangcrous to inmates or any passer-by or other property, or (b) to repair, secure or enclose, within eight days from the date of servtce of the notice, in such manner as it deems necessary any tank, well or excavation belonging to such owner or in the possession of such occupier which‘apoears to the Municipality to be dangerousto person by reason of its situation, want oi repair or other such circumstances. (2) Where it appears to the Municipa'ity that immediate action is necessary for the purpose of preventing immediate danger to any person or property, it Shall be the duty ol the Municipality to take immediate action and recover the expense so incurred (rpm the owner or occupier of the building or the owner or occupier oi the land to which such building or other structure or anythlng is affixed. 1 15, Whenever It appears to a Municipality that any building by reason oi abandonment or disputed ownership or other cause is untenanted or unoccupied. or by reason of having fallen into ruins, aflords laciiities lor the commission cl a nuisance by disorderly person error the harbouring ot snakes or other noxious animals the Municipality may require the owner at such building or the land towhich such building is attached to properly secure the same or to remove or level such ruins. as the case may roqurre. 1 1 B. Any owner or occupier at a house or land who fails to compiy with a requisition issued by the Municipality under the provisions or section 114 and 115, shall be liable, for every such default. to a penalty not exceeding live hundred rupees, and to a further penalty not exceeding twenty-five rupees for every day during which the default is contznued after me expiry of fifteen days from the date of service on him of such requisition. 254

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1 17‘ Subject to any other provision in this Actas regards compensations. no compensation shall be claimable by an owner for any damage which he may sustain in consequence or the

prohibition of the erection of any building.

Powers connected with drains

list A Municipality may. by notice. require the owner or occupier of any land Within such

time as the Municipality may fix to cut and remove any trees or bamboos or branches thereof, or eradicate and destroy vegetation or undergrowth which may appear to the Municipality to be

insanitary, injurious to health or offensive to the neighbourhood or to be causing or likely to cause

damage or destruction to any crop growing or tobegrown, or to be obstructing or likely to obstruct the free passage of men or animals along a public read.

115. Whenever any‘land, being private property, or within any private enclosure, appears to the Municipality bywant of drainage to be in a state injurious to health or offensive to the neigh- bourhood. or by reason of inequalities of a surface to afford facilities for the commission of the

nuisance, the M unioipality may require Ihe owneror the occupier of such land, within fifteen days. to drain such land or level such surface:

Provided that, if for the purpose of effecting any drainage under this section It shall be

necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person, the Municipality shall provide such land and

pay such compensation.

120.“) The Municipality may require the owner or occupier of any land within eight days or such longer period as the Municipality may fit, either to rte-excavate or at his option lill q: with suitable material or to cleanse any water—course and remove any waste or stagnant waterwhlch

may appear to be injurious to health or offensive to the neighbourhood: , Provided that it, tor the purpose of effecting any drainage under this section it shall be

necessary to acquire any land not being the property of the person who is required to drain his land or to pay compensation to any other person, the Municipality shall provide such land and

pay such Compensation

(2) ll under the provisions of this Act the Municipality executes the work of such rev

excavation or filling up with suitable material. it may take possession ol the site and retain such

possession and turn the same to profitable account until the expenses thereby lncurred shall have been realised

121, Any owner or occupier ofa house or land who fails to comply witha requisition issued

by the Municipality under the provisions or sections 1 184 119 or 120 shall be liable to a penalty not exceeding one hundred rupees, and with a further penalty of not exceeding twenty rupees for every day during which the default is continued after the expiry of eight days from the date of service on him of such requisition.

122. if the Director of Health and Family Welfare, Health OiflceroftheState Government

or Health Officer of the Municipality or such other Medical Officer of Heaith and Family Welfare

Department of the State Government. as may be specified In this behalf. certifies that the

cultivation of any description olcrop, or the use of any kind of manure, or the Irrigation of land in any specified manner

(a) \ in any place within the Iimitol the Municipalityis Injurlous, or facilitates practiceswhich are injurious to the health of persons dwelling in the neighbourhood; or

(b) in any place within or without the limits of the Municipality. is likely to contaminate the water supply or the Municipality or otherwise rendners it unfit for drinking purposes;

the State Government may, on receipt of an application from the Municipality. by public notice, prohibitthe cultivation ofsuch crop, the use olsuch manure. or the use of the method of irrigation

China for when-- uon not a lie in eu- m‘. an... r a u .- n In "gum mun m .1.» not» ion: we. no”. 1'. w ,,. m "quin- omun- to turn». age. Pover m n g .. .- 7 . Ann/hole. .113me or Mm. pr m m . In D: 4...... or Inuit“ Pencil} for 11134 nb'yil‘ Wm end-ruc- l I a II I “8.119” 120. Four! of sun Gav- uni-Indra pralubil ”in". 1 17. Subject to any other provision in this Act as regards compensations. no compensation shall be claimable by an owner for any damage which he may sustain in consequence or the prohibition of the erection of any building. Powers connected with drains 118t A Municipality may. by notice. require the owner or occupier of any land Within such time‘as the Municipality may fix to cut and remove any trees or bamboos or branches thereof, or eradicate and destroy vegetation or undergrowth which may appear to the Municipality to be insanitary. injurious to health or offenswe to the neighbourhood or to be causing or likely to cause damage or destruction to any crop growing or tobegrown, or to be obstructing or likely to obstruct the free passage of men or animals along a public road. 1 ts. Whenever anyland, being private property, or within any private enclosure. appears to the Municipality bywant of drainage to be in a state injurious to health or offensive to the neigh- bourhood. or by reason of inequalities of a surface to afford facilities for the commission or the nuisance, theMunicipality may require the ownerorthe occupier of such land, within fifteen days. to drain such land or level such surface: Provided that, if for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who is required to drain his land, or to pay compensation to any other person. the Municipality shall provide such land and pay such compensation, 120.0) The Municipality may require the owner or occupier of any land within eight days or such longer period as the Municipality my fix. either to re-excavate or at his option till up with suitable material or to cleanse any water-course and remove any waste or stagnant waterwhich may appear to be injurious to health or offensive to the neighbourhood: Provided that if, for the purpose of effecting any drainage under this section it shall be necessary to acquire any land not being the property of the person who Is required to drain his land or to pay compensation to any other person, the Municipality shall provide such land and pay such compensation. (2) ll under the provisions of this Act the Municipality executes the work or such re- excavation or ﬁlling up with suitable material. it may take possession of the site and retain such possession and turn the same to profitable account until the expenses thereby incurred shall have been realised 121. Any owner or occupier ola house or land who fails to comply with a requisition issued by the Municipality under the provisions of sections 1 18. 119 or 120 shall be liable to a penalty not exceeding one hundred rupees, and with a further penalty of not exceeding twenty rupees for every day during which the default is continued after the expiry of eight days from the date of serum on him of such requisition. 122. if the Director of Health and Family Welfare, Health Oﬁicer of the State Government or Health Officer of the Municipality or such other Medical Ofﬁcer of Health and Family Welfare Department of the State Government. as may be specified in this behalf, certifies that the cultivation of any description ol‘crop. or the use of any kind of manure, or the Irrigation of land in any specified manner ' (a) \ in any place within the Iimitol the Municipalityls lnjurious. or facilitates practiceswhich are injurious to the health of persons dwelling in the neighbourhood; or (b) in any place within or without the limits of the Municipality. is likely to contaminate the water supply of the Municipality or otherwise rendners it unfit for drinking purposes; the State Government may, on receipt at an application from the Municipality. by public notice, prohibitthe cultivation ofsuch crop. the use olsuch manure. or the use of the method of irrigation 255

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so certified to be injurious, or impose such conditions with respect thereto as may prevent the injury.

123. The Municipality may provide and maintain'in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleaned,

124(1) If any person, without the written permission of the Municipality first obtained, makes or causes to be altered any drain leading into any sewer, drain, water-course. road or land vested in the Municipality, the Municipality may cause such branch drain to be demolished, altered, made or otherwise dealtwith as it may deem fit, and the expenses thereby'incurred shall be paid by such person making or altering such branch drain.

(2) The person so making or altering such branch drain shall be liable for every [such offence to a fine not exceeding one hundred rupees.

125. Whoever causes or allows the water of any sink, sewer, latrine, urinal, cess—pool, or

, any other offensive matter belonging to him or being on his land. to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, drain or be thrown into a surface-drain near any public road, shall be liable to a fine not exceeding five rupees during which the offence is continued.

126. If any land, a sewer, drain or other outlet into which such land may, in the opinion of

the Municipality, be drained, is notdrained tothe satisfaction of the Municipality, the Municipality may require the owner within one month to drain the said land into such sewer. drain or outlet.

127. Any person who fails to comply with a requisition issued by the Municipality under the

provisions of section 126 shall be liable, for every such offence, to a fine not exceeding twenty» five rupees and a further fine not exceeding five rupees for every day during which he shall continue to make such default after service on him of such requisition.

Removal 0' offensive matters

128. The Municipality shall provide for the removal-

(a) ofsewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other property vested in the Municipality; and

(b) in any Municipality wherein a latrine-tax has been imposed under sub-section (1) of section 60, of sewage and offensive matter from all private latrines, privies, urinals and cess-

pools and compounds.

129. A Municipality may also introduce a sewerage scheme for removal of sewage by flushing with water through underground closed sewers and where a Municipality introduces

soch a scheme in its area the Municipality may, where it is felt necessary, with the approval of

the State Government, levy additional latrine and water»taxes to meet the cost and maintenance of such scheme.

130.(1) A Municipality at a meeting may, from time to time, by an order published in the

prescribed manner, appoint the hours within which sewage and offensive matter may be moved, the manner inwhich the same shall be moved. as also the hours withinwhich only every occupier of any house or land may place rubbish in a receptacle provided by the Municipality on or by the

side of the public road.

(2) A Municipality may provide places convenient for the deposit of sewage and offensive

matter and may r‘eqhire the occupiers of houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupier

Public la~ (ﬁne: and urinulr. 1- o w . r la demol- r .r h unauthor- irrddrains l- u d r n g inmpublic :ewer. penalry n/ dllowl-g warer a! any Icw'r ere. In run an any I! u re 1 i e rand. . Power to require owner to d r a r n and. re nalIy [or an. obeying requixi- mm In- dzrtecﬂon 126. Ila-[abusin- menu- [or emrwal of .v e w a g e, offensive n. a 1 1 a r and rub- In’xh. Sewerage Scheme. leowzl vfszwagz, of aft-n. sive ma. [trial and "With. so certified to be injurious, or impose such conditions with respect thereto as may prevent the injury. 123. The Municipality may provide and maintain 'in sufficient number and in proper situation, public latrines and urinals for the separate use of each sex, and shall cause the same to be kept in proper order and to be properly cleaned. 124(1) If any person, without the written permission of the Municipality first obtained, makes or causes to be altered any drain leading into any sewer, drain, water—course. road or land vested in the Municipality, the Municipality may cause such branch drain to be demolished, altered, made or otherwise dealtwith as it may deem fit, and the expenses thereby'incurred shall be paid by such person making or altering such branch drain. (2) The person so making or altering such branch drain shall be liable for every such offence to a ﬁne not exceeding one hundred rupees. 125. Whoever causes or allows the water of any sink, sewer, latrine, urinal, cess—pool, or any other offensive matter belonging to him orbeing on his land, to run, drain or be thrown or put upon any public road, or causes or allows any offensive matter to run, drain or be thrown into a surface-drain hear any public road, shall be liable to a ﬁne not exceeding five rupees during which the offence is continued. 126. If any land, a sewer, drain or other outlet into which such land may, in the opinion of the Municipality, be drained, is notdrained tothe satisfaction of the Municipality, the Municipality may require the owner within one month to drain the said land into such sewer, drain or outlet. 127. Any person who fails to comply with a requisition issued by the Municipality under the provisions of section 126 shall be liable, for every such offence, to a fine not exceeding twenty- five rupees and a further fine not exceeding live rupees for every day during which he shall continue to make such default after service on him of such requisition. Removal Of offensive matters 126. The Municipality shall provide for the removal.- (a) ofsewage, rubbish and offensive matter from all public latrines, urinals and drains and from all public roads and all other property vested in the Municipality; and (b) in any Municipality wherein a latrine-tax has been imposed under sub-section (1) of section 60, of sewage and offensive matter from all private latrines, privies, urinals and cess- pools and compounds. 129‘ A Municipality may also introduce a sewerage scheme for removal of sewage by flushing with water through underground closed sewers and where a Municipality introduces such a scheme in its area the Municipality may, where it is felt necessary, with the approval of the State Government, levy additional latrine and water-taxes to meet the cost and maintenance of such scheme. 130.0) A Municipality at a meeting may, from time to time, by an order published in the prescribed manner, appoint the hours within which sewage and offensive matter may be moved, the manner inwhich the same shall be moved, as also the hours within which only every occupier of any house or land may place rubbish in a receptacle provided by the Municipality on or by the side of the public road. (2) A Municipality may provide places convenient for the deposit of sewage and offensive . matter and may require the occupiers ef houses to cause the same to be deposited daily or at other stated intervals in such places, and may remove the same at the expense of the occupier 256

Penalty/27p contraven—

um. 9ft1c~ m». 130.

P g n u fly on 'occu-

pizrjofllol

running

filth. m.

Prnallyfor

throwing ojfenxivz Muller on

p u b l i z

W, m.

p a w z r 1

q/‘l'erwlnl:

of III: M..—

napalm,

Supply a/ drinking Walgr.

Removal

[atrial/t. ucl, near

unynsumz

of watt!

"'9va-

Municipal- ity to din-in-

fecl walk,

mm, etc.

Unaulhvw

had cau-

.llrucliun

or plant...

fionnfmm: our drink:

DI water-

works

from any house if the occupier thereoffails to do so.

131. Any person who places or allows to place rubbish on a public road or in a receptacle provided by the Municipality at a time other than the time appointed by the Municipality under sub-section (1 ) ofsection 1323hall, for every such offence, be punishablewith fine notexceeding fifty rupees.

132. Any occupier of a house on or near a public road who keeps or allows to be kept, for more than twenty-four hours or for more than such shorter time as may be appointed by the

Municipality otherwise than in some proper receptacle, any bones, ashes. sewage or any noxious or offensive matter in or upon such house, or in any outhouse, yard or ground attached to and occupied with such house, or suffers such receptacle to be in a filthy or noxious state, or

neglects to employ proper means to cleanse the same shall be punishable with not exceeding two hundred rupees.

133. Any person who, withOut the permission of the Municipality, throws or puts, permits his servants to throw or put, any sewage or offensive matter on any public road, or who throws or puts, or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter

into any drain communicating therewith, shall be punishable with fine notexceeding one hundred rupees.

134.All servants of the Municipality may,.within such hours as may be fixed by the Municipality, enter any premises, of which the occupier or owner is liable to pay latrine-tax and do all things

necessary for the performance of their duties.

Water supply and drainage systems

135(1) Every Municipality shall provide or arrange for the provision of sufficient supply of

drinking water for the inhabitants of the areas within its jurisdiction. (2) Every Municipality shall provide sufficient and regularsupply of drinking water fit for

human consumption or for other domestic purposes within the jurisdiction of the Municipality.

136A The Municipality may, by notice, require an owner or occupier on whose land a drain,

privy, latrine, urinal, cess—pool ortheli' receptacle for filth or refuse exists as is likely to endanger the purity of water of a spring, well, tank, reservoir or other source from which water is, or may be derived for public use, to remove or close the same within one week from the service of such notice.

137. in the event of a Municipality, or any part thereof, being visited with an outbreak or cholera or other infectious disease notified in this behalf, it may, during the continuance of the

epidemic, without notice and at any time inspect and disinfect any well, tank or other place from which water is or is likely to be taken for the purpose of drinking and may furthertake such steps as it deems fit to prevent the removal of water therefrom.

138(1) Where any road or way has been made or any bUiIding, wall or other structure has

been erected or any tree has been planted over a public drain, culvert or a watervwork vested in the Municipality without the permission in writing of the Municipality, the Municipality may, without prejudice to the generality of the other provisions of this Act

(a) by notice, require the peron who has made the tree, or the owner or occupier of the

land on' which the road has been made, structure erected or tree planted, to remove or deal in

any other way as the Municipality thinks fit with the road, structure, or trees: or

(b) itself remove or deal in any other way as it thinks fit with the road, structure or tree.

(2) Any expenses incurred by a Municipality for action taken under clause (b) of sutr

section (1) shall be recoverable from the person by whom the road or way was made, structure erected or tree planted.

Penalty/hr contraven— lion aim. III»! 130. P a n u u y on an... Pizrfar not rum mm ﬁlm. we. Penaltyfar throwing offenxire matter on p u b 1 i c mad, ac. p a w 2 r : qfterwlnl: of III: M... morality, Supply af Ann king Valar. Removal lalrtnll. are" near unynlumz a] water "pp!!- Municipal- ity to dis-in. fed mm, tanks, «a (Jr-aunt". ind can. llrucliun or plant... ﬁannfma: over think: or mun- works from any house it the occupier thereotjails to do so. 131. Any person who places or allows to place rubbish on a public road or in a receptacle provided by the Municipality at a time other than the time appointed by the Municipality under subsection (1 ) otsecticn 132shall, for every such offence, be punishable with fine not exceeding tlfty rupees. 132. Any occupier of a house on or near a public road who keeps or allows to be kept, for more than twenty-four hours or for more than such shorter time as may be appointed by the Municipality otherwise than in some proper receptacle, any bones, ashes. sewage or any noxious or offensive matter in or upon such house, or in any Outhouse, yard or ground attached to and occupied with such house, or suffers such receptacle to be in a filthy or noxious state, or neglects to employ proper means to cleanse the same shall be punishable with not exceeding two hundred rupees. 133. Any person who, withdut the permission of the Municipality, throws or puts, permits his servants to throw or put, any sewage or offensive matter on any public road, or who throws or puts, or permits his servants to throw or put, any earth, rubbish, sewage or offensive matter into any drain communicating therewith, shall be punishable with fine norexceeding one hundred rupees. 134,All servants of the Municipality may, within such hours as may be fixed by the Municipality, enter any premises, of which the occupier or owner is liabte to pay latrine-tax and do all things necessary for the performance of their duties. Water supply and drainage systems 135(1) Every Municipality shall provide or arrange for the provision of sufficient supply of drinking water for the inhabitants of the areas within its jurisdiction. (2) Every Municipality shall provide sufﬁcient and regularsupply of drinking water fit for human consumption or for other domestic purposes within the jurisdiction of the Municipality. 136A The Municipality may, by notice, require an owner or occupier on whose land a drain, privy, latrine, urinal, cess-pool ortheli' receptacle for filth or refuse exists as is likely to endanger the purity of water of a spring, well, tank, reservoir or other source from which water is, or may be derived for public use, to remove or close the same within one weektrom the service of such notice. 137. in the event of a Municipality, or any part thereof, being visited with an outbreak or cholera or other infectious disease notified in this behalf, it may, during the continuance of the epidemic, without notice and at any time inspect and disinfect any well, tank or other place from which water is or is likely to be taken for the purpose of drinking and may furthertake such steps as it deems fit to prevent the removal of water therefrom. 138.(1) Where any road or way has been made or any bUilding, wall or other structure has been erected or any tree has been planted over a public drain, culvert or a watervwork vested in the Municipality without the permission in writing of the Municipality, the Municipality may. without prejudice to the generality of the other provisions of this Act A (a) by notice. require the poison who has made the tree, or the owner or occupier of the land on' which the road has been made, structure erected or tree planted, to remove or deal in any other way as the Municipality thinks fit with the road, structure, or trees; or (b) itself remove or deal in any other way as it thinks tit with the road, structure or tree. (2) Any expenses incurred by a Municipality for action taken under clause (b) of sub— section (1) shall be recoverable from the person by whom the road or way was made, structure erected or tree planted. 257

rum" in

royal“ 0/ bun-at ".1

b u r n r n g

pm“.

Burial of

pa up.”

and un-

ch! in. a :1

dead bud.

ieL

Power: to

c u u x z

carprc: to

be burn/or

buried ac—

cording An

(he relig- (our mum

of the de-

«and.

Establish.

hunt a] mar/an,

[‘0ch 10

re m a v2

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from Mu-

n itipu I

markets.

Place [or

A'laughlzr

ofnninmls fizrxale.

133(1) A Municipality may, from time to time, outcfthe Municipal fund, provide suitable place to be used as burial or burning grounds eitherwithin without the limits of the Municipality and may

charge such fees on the persons using the places as may be fixed by bye-laws which may be

framed in that behalf.

(2) The Municipality may, by public notice, order any burial or burning ground situated within the Municipality limits or any Municipal burial or burning ground outside such limits which is certified by Director of Health and Family Welfare or a Health Officer of the State Government or the Health Officer of the Municipality to be dangerous to the health of persons living in the

neighbourhood, to be closed, from a date to be specified in the notice, and shall, in such a case

if no suitable place for burial or burning exits within a reasonable distance, provide a fitting place for the purpose.

(3) If any person, without the permission of the Municipalityfburies or burns or causes or

permits, to be buried or burnt, any corpse at any place which is not any burial or burning ground or in any burial or burning ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to one hundred rupees.

(4) Private burial places may be exempt from the order subject to such conditions as the

Municipality may impose in this behalf:

Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof.

(‘5) No private burial or burning ground shall be made or formed within the Municipality after the commencement of this Act, without the permission in writing of the Municipality.

140. A Municipality may, from time to time, out of the Municipal fund, provide for the burial

or burning of paupers, and unclaimed dead bodies, free of charge, within the limits of the

Municipality or otherwise arrange to dispose of as it thinks fit.

141. After the expiration of not less than twenty-four hours from the death of any person, the Municipality may cause the corpse of such person to be burnt or buried, and the expenses

thereby incurred shall be recoverable as adebt due from the estate of such person In every such

case, the corpse shall be disposed of, so far as may be possible, in the manner consistent with

the religious tenets of the deceased.

CHAPTER - X

OTHER POWERS AND PENALTIES

Markets and Slaughter Houses

142. A Municipality may establish and maintain markets at suitable places of the Munici-

pality for the convenience of the people.

143. if any otticer specially empowered in this behalf by the Municipality is satisfied that any person occupying any stall or space in any Municipal market is in unauthorised occupation of the

stall or space or continues to occupy the stall or space after authority to occupy has ceased, he

may, with the previous sanction oi the Municipality, require such person to vacate the stall or

space within such time as may be mentioned in the requisition and such person may, in addition

to any penalty to which he may be liable under this Act, be summarily removed from the stall or

space

144(1) A Municipality may, and when require by the State Government, shall fix places with the approval oi the State Government, shall fix places with the approval ofthc State Government

rum, In rltpltl a] bun-a: Ind b u r n i n g platen smear a] pa uplr: and unv pro in: c :1 dead bod- ics. Power: to c u u 1 a corpivs in be burn/or hurled «g. cording in (he rclig. Ions mm; of 11.. de— "and, Establish- ment «1] mar/an. raw, :9 r s m a v 2 M r x a n r from M... n .- c i , a 1 markets. Place for .rlnughlzr afaninlals for Jule. 139(1) A Municipality may, from time to time, out ofthe Municipal fund, provide suitable place to be used as burial or burning grounds eitherwithin without the limits of the Municipality and may charge such fees on the persons using the places as may be fixed by bye-laws which may be framed in that behalf. (2) The Municipality may, by public notice, order any burial or burning ground situated within the Municipality limits or any Municipal burial or burning ground outside such limits which is certified by Director of Health and Family Welfare or a Health Officer of the State Government or the Health Officer of the Municipality to be dangerous to the health of persons living in the neighbourhood. to be closed, from a date to be speciﬁed in the notice, and shall, in such a case if no suitable place for burial or burning exits within a reasonable distance, provide a fitting place for the purpose. , (3) If any person, without the permission of the Municipality,buries or burns or causes or permits. to be buried or burnt, any corpse at any place which is not any burial or burning ground or in any burial or burning ground made or formed contrary to the provisions of this section, or after the date fixed thereunder for closing the same, he shall be punishable with fine which may extend to one hundred rupees. (4) Private burial places may be exempt from the order subject to such conditions as the Municipality may impose in this behalf: Provided that the limits of such burial places are sufficiently defined and that they shall only be used for the burial of members of the family of the owners thereof. (‘5) No private burial or burning ground shall be made or formed within the Municipality after the commencement of this Act, without the permission in writing of the Municipality. 140. A Municipality may, fromrtime to time, out of the Municipal fund, provide forthe burial or burning of paupers, and unclaimed dead bodies, free of charge, within the limits of the Municipality or otherwise arrange to dispose of as it thinks fit. 141. After the expiration of not less than twenty»four hours from the death of any person, the Municipality may cause the corpse of such person to be burnt or buried, and the expenses thereby incurred shall be recoverable as a debt due from the estate of such person. In every such case, the corpse shall be disposed of, so far as may be possible, in the manner consistent with the religious tenets of the deceased. CHAPTER - X OTHER POWERS AND PENALTIES Markets and Slaughter Houses 142. A Municipality may establish and maintain markets at suitable places of the Munici- pality for the convenience of the people. 143. if any officer specially empowered in this behalf by the Municipality is satisfied that any person occupying any stall or space in any Municipal market is in unauthorised occupation of the stall or space or continues to occupy the stall or space after authority to occupy has ceased, he may, with the previous sanction of the Municipality, require such person to vacate the stall or space within such time as may be mentioned in the requisition and such person may. in addition to any penalty to which he may be liable under this Act, be summarily removed from the stall or space. 14411) A Municipality may, and when require by the State Government, shall fix places with the approval of the State Government, shall fix places with the approval ofthe State Government 258

[Infection heron: and

a f l a 7

may”.

[Jr-ruling

u/‘huereI.

Regular-u

oj‘ajfl'nsl w-

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guru”:

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for slaughter of animals for sale , and the Municipality may grantand withdraw licence for the use

ofsuch premises, or it they vest in the Municipality, may charge rent or fees for the use at such

places,

(2) When any such premises have been lixed, no person shall slaughterany such animal

for sale within the Municipal area at any other place.

(3) Any person who slaughters lor sale any animal at any place within the Municipal area

otherthan the one fixed by the Municipality under ms section shall be punishable with fine which

may extend to one hundred rupees.

145. A Municipality shall arrange for inspection at the animal by a Veterinary Surgeon or

competentperson before the animals killed and may also arrange lor inspection oi the meatand

organs for the purpose at certification, as may be laid down by bye-laws. of the meat for use as

food

1 45 No person shall carry on the profession of a butcher except under a licence item the

Municipaiity.

Nuisances from certain trades, prolessians etc.

147.0) Il it is shown to the satisfaction of a Municipality that any building or place within the

limits of the Municipality which any person uses or intends to use as a factory or other place of

business ‘or the manufacture. storage. treatment or disposal of any artcfe. by reason of such

use, or by reason of 5Jch ,ntended use, occasions or is likely to cause a public nuisance. the

Municrpality may, at its option. req uire, by notice. the owner or occupier oi the building or places

(a) to desist or refrain, as the case may be. from using or allowing to be used, the building or place for such purpose: or

lb) only to use, or allow to be used, the burlding or place for such purpose under such

conditions or alter such structural alterations as the Municipality imposes or prescribes in the

notice with the object or rendering the use oi the building or piece lor such purpose tree lrcrn

objection.

(2) Whoever, after receiving a notice given under subsection (1 ), uses or allows to be

used any building or place in contravention of the notice shall be puntshable with line which may

extend to two hundred rupees and a further line of lilty rupees and for every day on which he

so uses or allows to be used the place or building after the date ol r‘irst conviction

148(1) Within such local limits as may be fixed by the Munictpaln’y. no p ace shall be used

without a licence from the Municipality which shall be renewable annually, for any or the following

purpose. namely :-

(al melting tallow.’

(b) boiling offal or biood:

(cl skinning or disembowelling animal:

(cl) the manulacture or bricks. pottery, tiles cr lime in a lnln or bhatti or by any other similar

method;

(9) as a soap-house. oil-borltng house, dyeing house;

(i) as tannery, slaughter-house."

(g) as a manu'actory or place of business lrom which oflensive or unwholesome odour

may arise; ,

(h) as a yard or depot for hay. straw, bamboo, matching grass, lute or other dangerously inflammable material lor the purpose of any trade:

(i) any store-house lor kerosene. petroleum. naptha. coal-tar or any inflammable oil or

spirit or wholesale stock or matches exceeding one hundred gross; (j) as a shop for the sale of meat;

for slaughter ofanimalstor sale,and the Municipalityrnay grantand withdraw licence forthe use of such premises, or it they vest in the Municipality, may charge rent or fees for the use at such places. (2) When any such premises have been lixed, no person shall slaughterany such animal for sale within the Municipal area at any other place. (3) Any person who slaughters ior sale any animal atany place within the Municipal area otherthan the one fixed by the Municipality under this section shall be punishable with fine which may extend to one hundred rupees. $532: 145. A Municipality shall arrange for inspection at the animal by a Veterinary Surgeon or i. f l . , Competentperson before the animal is killed and may also arrange ior inspection oi the meatand WWW“ organs for the purpose ol certification. as may be laid down by bye-laws. of the meat for use as food [Jr-rating t 45. No person shall carry on the profession of a butcher except under a licence trorn the "/WM" Municipality. Nuisances tram certain trades, pmlessions etc. 35:3; 141(1) It it is shown to the satisfaction of a Municipality that any building or place within the trade:- limits of the Municipality which any person uses or intends to use as a factory or other place oi business ‘or the mariutacture. storage. treatment or disposal of any aric’e. by reason of such use. or by reason oiSJch ntended use. occasions or is likely to cause a public nuisance the Montaipality may, at its option, require, by notice. the owner or occupier ot the budding or places (a) to desist or refrain. as the case may be. from using or allowing to be used, the building or place for such purpose: or ib) only to use. or allow to be used, the building or place for such purpose under such conditions or otter such structural alterations as the Municipality imposes or prescribes in the notice win the object or rendering the use oi the building or piaco ior such purpose tree tram objection. (2) Whoever, after receiving a notice given under subsection (1 ), uses or allows to be used any building or place in contravention of the notice shall be punishable with line which may extend to two hundred rupees and a further line or titty rupees and for every day on which he so uses or allows to be used the place or building after the date oi t‘lrst convict-ion “’m’" 148(1) Within such local limits as may be fixed by the Municnaaln'y. no pace shall be used Off it" _ .. . . . . n.4,")... withoutallcenoe from the Munictpnlirywhich shallbarenewable annually, toranyorthetoilowmg 3 ' ’ ” ” ‘ purpose. namely :< Waller mu m: mu- (at melting tallow.’ :;,,;,f' 7,: (b) boiling oriai or biocct: 725; (c) skinning or disemboweiling animal: Jun-Jpn; (d) the manulacture or bricks. pottery, tiles or iirrte in altiln or bhatti or by any 0m“ similar try n'lllmul method; ”“"'"‘ (e) as a soap-house. Oilstlilng house, dyeing house; (i) as iannery, slaughter-house: (g) as a manu‘actory or place of business i'om which offensive or unwholesome odour may arise; . (h) as a yard or depot for hay, straw, bamboo, matching grass, iute orL otheg dangerously inflammable material for the purpose of any trade: (i) any store-house tor kerosene. petroleum. napll'ta, coal-tar or any inﬂammable oil or spirit or wholesale stock or matches exceeding one hundred gross; (j) as a shop for the sale of meat; 259

r c ,.. r r i

nleu'cL

Mil-kl! Ml

gm... H.

mm Jar fairs and

mm.

row» to

plan nutr-

kcr. in-

suit BIC.

F: n a l I I

fnrfin'lur! to give i...

[umuunu

”Isiah-i mart-pox etc.

(it) as a place for the storage of rags or bones. or both.

(I) tea stall :

(m) sweetmeat stall;

(n) hotel or eating house:

(0) manulactory or sale of aerated water;

to) bakery, confectionery including biscuit lactory.

[2) Such licence shall not be Withheld unless the Municipality has reason to believe that

the business which it is intended to establish or maintain would be otienslve or dangerous to

persons residing in or frequenting the neighbourhood. (3) A Municipality may. subject to such restrictions, it any, as it may impose. extend the

provisions at this section to yards or depots for trade in coal. coke, t.mber or wood.

(4) The grantol a licence for the purposes mentioned in clause (i) at sub-section (i) shall

be consistent with the provisions of the Petroleum Act. 1934 and no such licences shall be

granted unless the said provisions have been complied With by the applicant for the licence.

Fairs and Melas.

MB. A Municipalityshall requiretheowner or lessee ofafairormelaoran ownerora lessee

of land intending to hold a fair or meta thereon, to obtain a licence in this behalf trom the

Municipality on such terms and conditions and on payment of such fee as may be prescribed.

Infectious or Contagious diseases.

150.0) A Municrpallty may. With a view to preventing the spread of any infectious or

contagious disease, order that tor a specified time, any market, tea<stai| or restaurant, hotel or

Iodginghouse within the Municipality shall be Closed, or forbid any person to attend any such

market. tea-stall or restaurant, hotel or lodging-house.

(2) Such ordershati be notified in such manner and at such places as:he Municipality may

direct, and notice thereof shall be served on the owner, occupier or farmer of the market or the

keeper of the hotel or lodging‘house. tea-stall or restaurant.

(3) After complying with the notice the owner, occupier, or larmer oi the market or the

keeper ol the hotel or lodging-house. tea-stall or restaurantor any person interested may appeal to the Secretary it he consrders the notice to be unreasonable. and the order oi the Secretary thereon. shall be tinal.

(21) When an order has been notified under sub-section [2) and has not been set aside

undersub-section (3). any owner, occupier or farmerolamarketorthe keeper othotel or lodging- house, tea stall or restaurant shall be liable to a fine which may extend to live hundred rupees.

and any person who attends such market. hotel or lodging-house. tea-stall or restaurant in

contravention otthe terms ol the order shall be liable to a line which may extend to one hundred

rupees.

151. Whoever -

(a) being a medical practitioner and in the course of such practice becoming cognizant of the existence 0! cholera. plague, small-pox or other infectious disease. that may be notified

in this behalf by the State Government. in any dweiling house other than a public hospital in the

Municipality: or

(b) being the owner or occupier of such dwelling, house and being congnizant or the existence of any such inlectious disease therein; or

infectious disease in such dwelling house, and being cognizant or the existence of the disease

therein;

fails to give information to such oilicer as the Municipality may appoht or gzves ialse information

to such officer as the Municipality may appoint in this behalf in respect of the existence of such

disease. shall be punishable with iine which may extend to one hundred rupees.

r n w r r J n/Mmu'ch patlu'z: to ‘m... H. mm jar fair: and mm. [’0ch m clau nulr- Acr. rm- :Aall etc. F: n a I l I fmﬁn'ﬂn lo .m- i... [um-ﬂan oftllnltlu, rmllfox are. (k) as a place for the storage of rags or bones. or both; (I) tea stall : (m) sweetmeat stall; (n) hotel or eating house: (0) manufactory or sale of aerated water; (p) bakery, conlectionary including biscuit laclory. (2) Such licence shall not be Withheld unless the Municipality has reason to believe that the business which it is intended to establish or maintain would be ol'lensive or dangerous to persons residing in or frequenting the neighbourhood. (3) A Municipality may. subject to such restrictions, it any, as it may impose. extend the provisions of this section to yards or depots for trade in coal. coke. timber or wood. (4) The grantol a licence for the purposes mentioned in clause (i) ol sub-section (i) sl‘all be consistent with me provisions of the Petroleum Act, 1934 and no such licences shall be granted unless the said provrsions have been complied wrth by the applicant for the licence. Fairs and Melas. MB. A Municipalitysnall requiretheowner or lessee oiafairormelaoran owneroralessee or land intending to hold a fair or mela thereon, to obtain a licence in this behalf lrom the Municipality on such terms and conditions and on payment of such fee as may be prescribed. Infectious or Contagious diseases. 150(1) A Municrpallty may, with a view to preventing the spread 0? any infectious or contagious disease, order that tor a specified time, any market, tea-stall or restaurant, hotel or lodging-house within the Municipality shall be closed, or forbid any person to attend any such market. tea-stall or restaurant, hotel or iodging~house. (2) Such ordershall be notified in such manner and at such places asthe Municipality may direct, and notice thereof shall be served on the owner. occupier or farmer of the market or the keeper of the hotel or lodging‘house, tea-stall or restaurant. (3) After complying with the notice the owner. occupier, or larmer or the market or the keeper ol the hotel or lodging-house. tea-stall or restaurantor any person interested may appeal to the Secretary if he consrders the notice to be unreasonable. and the order ol the Secretary thereon. shall be final. (’4) When an order has been notiﬁed under sub-section [2) and has not been set aside undersub-section (3). any owner, occupier orfanneroiamarketorthe keeper olhotel or lodging- house, tea stall or restaurant shall be liable to a line which may extend to live hundred rupees. and any person who attends such market, hotel or lodging-house. tea-stall or restaurant in contravention otthe terms ol the order shall be liable to a line which may extend to one hundred rupees. 151. Whoever , (a) being a medical practitioner and in the course of such practice becoming cognizant of the existence at cholera. plague. small—pox or other infectious disease. that may be notiﬁed in this behalf by the State Government. in any dweillng house other than a public hospital in the Municipality: or (b) being the owner or occupier of such dwelling, house and being congnizant or the existence of any such intectious disease therein; or (c) being the person in charge of, or in attendance on a person sulfering from any such infectious disease in such dwellzng house. and being cognizant or the existence oi the disease therein; fails to give inlormation to such ofﬁcer as the Municipality may appomt or gzves talse information to such ofﬁcer as the Municipality may appoint in this behalf in respect of the existence of such disease. shall be punishable with line Wl‘lCl’i may extend to one hundred rupees. 260

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152.(1) if a Municipality is of the opinion that the cleaning or disinfecting of a building or any panthereof or of any article therein, which is likely to retain infection, will tend to prevent orcheck the spread of any disease, it may, by notice, require the owner or occupier to cleanse or disinfect the same in the manner and within the time prescribed in such notice.

(2) if -

(a) within the time specifiedas aforesaid from the receiptol the notice the person on whom

the notice is sewed fails to have the building or pan thereof or the article cleansed ordislnlected. or

(b) the occupier or the owner, as'the case may he, gives his consent, the Municipality may, at the cost of such owner or occupier, cause the building or part thereof and articfes to be cleansed and disinfected :

Provided that theMunicipallty may In its discretion pay the whole or any pan of such cost.

153. ,

Every person knowingly letting a house or other building or part of a house or building in which any person suffering from an infectious or conlagious disease had lived without having such house or other building or part thereof and all articles therein liable to retain infection disinfected thereafter to the satisfaction of the Municipality shall be punishable with fine not

exceeding two hundred rupees. Explanation : For the purposes of this section a hotel or lodging-house keeper shall be

deemed to let part of his house to any person admitted asa guest into his hotel or lodging house.

154. A Munictpality may authorise any officer to enter, at any time between sunrise and

sunset, after three hours' notice into any building or premises in which any inlectious or

contagious disease is reported or suspected to exist, for the purpose of inspecting such building or premises. and on report of the officer, the Municnpality shall declare that a person is suffering from contagious disease and that house is infected.

155, In any Municipality when any person suffering from any infectious or contagious disease is found to be -

(a) without proper lodging or accommodation, or

(b) living in a dharamsala or other public hostel, or

the Municipality, by any person authorised by itin this behalf may, on the advice otHealth Officer, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment, and may do anything necessary for such removal.

CHAPTE R - XI

PROCEDURE

156.(1) Every notice, bill. form, summons or notice ofdemand under this Act may -

(a) be sewed personally on or presented to the persons to whom the same is addressed: or

(tn) it, it cannotbe so served, presented or delivered, be affixed on some conspicuous part of his place of abode. or of the land, building or other thing in respect of which the notice, form, summons 0' notice of demand is intended to be sewed; 0f

(2) Every such notice, bill, form, summons or notice of demand shall be signed by orbear a facsimile signature of the Executive Officer or any other office authorised by the Chair-person in this behalf,

Dillllfft- um. a] null»; and "- Edit. r . n . n, [w 1min infected house. Fawn of entry of pupa". ofpuvnu- fuglprrad nfdbmsat R 2 Pl 0 v n i In hoopla! alum-u Jﬂ/f‘rill' [m hire. ﬁnal in. gun. Sm!“ o] noun. 152.(1) if a Municipality is of the opinion that the cleaning or disinfecting of a building or any panthereof or of any article therein. which is likely to retain infection, will tend to prevent or check the spread of any disease, it may, by notice. require the owner or occupicrto cleanse or disinfect the same in the manner and within the time prescribed in such notice. (2) If - (a) within the time specifiedas aforesaid from the receiptol the notice the person on whom the notice is sewed fails to have the building or part thereof or the article cleansed or disinfected . or ~ to) the occupier or the owner, asthe case may be. gives his consent. the Municipality may. at the costof such owner or occupier, cause the building or part thereof and articies to be cleansed and disinfected; Provided that meMunicipallty may in Its discrerion pay the whole or any part or such cost. 153. Every person knowingly letting a house or other building or part of a house or building in which any person suffering from an infectious or contagious disease had lived without having such house or other building or part thereof and all articles therein liable to retain infection disinfected thereafter to the satisfaction of the Municipality shall be punishable with ﬁne not exceeding two hundred rupees. Explanation : For the purposes of this section a hotel or lodging-house keeper shall be deemed to let part of his house to any person admitted asa guest into his hotel or lodging house 154. A Municrpality may authorise any officer to enter. at any time between sunrise and sunset. after three hours' notice into any building or premises in wnlch any inlectious or contagious disease is reported or suspected to exist, for the purpose of inspecting such building or premises. and on report of the officer, the Municipality shall declare that a person is suffering from contagious disease and that house is inlected. ‘ 155. in any Municipality when any person suffering from any infectious or contagious disease is found to be - (a) without proper lodging or accommodation, or (b) living in a dharamsala or other public hostel, or (c) living in a room or house which nenher he nor any one. of whom he is a dependent. either owns or pays rent for. the MuniClpality. by any person authorised by itin this behalf may, on the advice ofHealth Officer, remove the patient to any hospital or place at which persons suffering from such disease are received for mecﬁcai treatment. and may do anything necessary for such removal. CHAPTE R - Xi PROCEDURE 156.0) Every notice, bill. form, summons or notice ofdemand under this Act may - (a) be sewed personally on or presented to the persons to whom the same is addressed: or (b) if, itcannotbeso served, presented or delivered, be aflixed on some conspicuous part of his place of abode. or of the land. building or other thing in respect of which the notice, iorm, summons 0! notice of demand is intended to be served; or (c) be sent by post in a registered cover with acknowledgement due. (2) Every such notice, bill, lcrm. summons or notice of demand shall be signed by orbear a facsimile signature of the Executive Ofﬁcer or any other ofﬁce authorised by the Chair-person in this behalf 261

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157. When any notice under this Act requires any act to be done for which no time is lixed

by this Act, the Municipality shall fix a reasonable time icr doing the same.

158; When any notice is required to be given to the owner or to the occupier, of any land, or both,such notice, addressed to the owner or occupier of both, as the case may require, may be served on the occupier of such land, or otherwise in the manner mentioned in section 156:

Provided that when the owner and his place ol abode are known to the Municipality or other authorities issuing the notice, they shall, it such place of abode be within the limits oi their

authority, cause such notice to be served on such owner, or left with some adult member or servant or his tamily; and it the place of abode oi the owner be not within such limits, they shall send every such notice by post in a registered cover with acknowledgement due addressed to his place or abode, and such service shall be deemed to be good service of the notice :

PrOVided lurther than when the name at the owner or occupier or ol both is not known, it shall be sufficient be designate him or them as “the owners" or the “occupier" of the land in respect oi which the notice is served.

159.(1) Whenever it is provided in this Act that the Municipality may require the owners or the

occupiers of any land or both to execute any work or to do anything. such requisition shall be made. as fares possible. by a notice to be served as provided in sections 156 and 158 on every owner, occupier who is required to execute such work or to do such thlng: but It there be any doubts as to the persons who are owners or occupiers, such requisition may be made by a notice to be aflixed or pasted upon or near the spot atwhich the work is required to be executed or the

thing done, requiring the owners or the occupiers of any land or both to execute such work or to do such thing within a specified time, and in such notice it shall not be necessary to name the owners or occupiers.

(2) Every such requisition shall give notice to the person to whom it is addressed that it they tail to comply with the requisition or to prefer an objection against such requisition as provided hereinafter in section 160, the Municipality many other officerauthorised by it in thatbehall. may enter upon the land and cause the required work to be executed or the required thing to be done :end that in such case the expenses incurred thereby will be recovered from the persons who

are required in such requisition to execute such work or do such thing.

160. Any person who is required by such requisition to execute any work or to do anything may, instead of executing-the work or doing the thing required, preler an objection In writing to the Municipality against such requisition within fifteen days at the service of the notice or posting up or the notification containing the requisition, or, itthe timewlthinwhich he is required to comply with the requisition be less than lifteen days, then within such less time.

161 , lithe objector alleges that the cost or executing the worker or doing the thing required may exceed one thousand rupees, such objection shall be heard and disposed of by the

Municipality ate meeting; unless the Chairperson or Vice—Chairperson shall certify that such cost

may not exceed one thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson or Vice-Chairperson:

Provided that in any case in which the Chairperson or the Vice-Chairperson shall have certified his opinion as aforesaid. and the CblECllOrLShail in consequence thereol have been heard and disposed of by the Chairperson or the Vice-Chairperson, the person making the

objection may, irthe requismon made upon him is not withdrawn on the hearing or his objection, pay the said sum of one thousand rupees to the Municipality as the cost of executing the wo-‘k or doing the thing required. whereupon such person shall be relieved of at! lunher liability and

obligation in respect of executing the work or doing the thing required and in respect of paying the expenses thereof and the Municipality itself shall execute such work or do such thing. and shall exercise all powers necessary thereof.

n. '91!- chic- lime lobe/ind. Smkv of "an on one! or occupier gym-d. I’m-4m v I. u n owner: Ir occlpi-n- ’11an o, Munici- Mill! in ”nu” Wm. r n n a n n n q Hired m Eur-u any work WNW/1’ tibial-tin .. a. m. M... nitl'pallly. I‘m-(m If pom» «Air-ﬂing am,” that mm wrrr nu! mu.” m.- um. : . n 4 mpm, 157. When any notice under this Act requires any act to be done iorwhich no time is tixed by this Act, the Municipality shall fix a reasonable time for doing the same. 158; When any notice is required to be given to the owner or to the occupier, of any land, or both,such notice, addressed to the owner or occupier of both, as the case may require, may be served on the occupier of such land. or otherwise in the manner mentioned in section 156: Provided that when the owner and his place at abode are known to the Municipality or other authorities issuing the notice, they shall, if such place of abode be within the limits of their authority, cause such notice to be served on such owner, or left with some adult member or servant cl his family; and it the place of abode oi the owner be not within such limits, they shall send every such notice by post in a registered cover with acknowledgement due addressed to his place at abode, and such service shall be deemed to be good service oi the notice : Provided iurther than when the name at the owner or occupier or of both is not known, it shall be sufficient be designate him or them as “the owners" or the “occupier" of the land in respect oi which the notice is sewed. 159.(1) Whenever it is provided in this Act that the Municipality may require the owners or the occupiers or any land or both to execute any work or to do anything, such requisition shall be made. as fares possible, by a notice to be served as provided in sections 156 and 158 on every owner, occupier who is required to execute such work or to do such thing: but ll there be any doubts as to the persons who are owners or occupiers, such requisition may be made by a notice to be affixed or pasted upon or near the spot atwhich the work is required to be executed or the thing done, requiring the owners or the occupiers of any land or both to execute such work or to do such thing within a specuiied time, and in such notice it shall not be necessary to name the owners or occupiers. (2) Every such requisition shall give notice to the person to whom it is addressed that it they ial! to comply with the requisition or to prefer an objection against such requisition as proVided hereinafter in section 160, the Municipality or any otheroiﬁcerauthorised by it in thatbehali. may enter upon the land and cause the required work to be executed or the required thing to be done :and that in such case the expenses incurred thereby will be recovered from the persons who are required in such requisition to execute such work or do such thing. 160. Any person who is required by such requisition to execute any work or to do anything may, instead of executing-the work or doing the thing required, preier an objection In writing to the Municipality against such requisition within ﬁfteen days oi the service of the notice or posting up oi the notiﬁcation containing the requisition, or, irthe timewithinwhich he is required to comply with the requisition be less than fifteen days, then within such less time. 161. lithe objector alleges that the cost or executing the worKor of doing the thing required may exceed one thousand rupees, such objection shall be heard and disposed of by the Municipality eta meeting; unless the Chairperson or Vice»Chairperson shall cert-iy that such cost may not exceed one thousand rupees, in which case the objection shall be heard and disposed of by the Chairperson or Vice-Chairperson: Provided that in any case in which the Chairperson or the Vice-Chairperson shall have certified his opinion as aforesaid. and the obieclionﬁhall in consequence thereol have been heard and disposed of by the Chairperson or the Vice-Chairperson, the person making the objection may, irthe requismon made upon him is not withdrawn on the hearing oi his objection, pay the said sum of one thousand rupees to the Municipality as the cost of executing the work or doing the thing required. whereupon such person shall be reiieved of ai! lunher iiabiiity and obligation in respect of executing the work or doing the thing required and in respect oi paying the expenses thereof and the Municipality itseil shall execute such work or do such thing, and shall exercise ail powers necessary thereof. 262

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162. The Chairperson or Vice-Chairperson. as the case may be. shall. after hEal’il'lg .he

objection and making any inquiry which they may deem necessary, record or order withdraw-

ing. modilying. or making absoiute the requisition against which the objection is preferred; and

if such order does not withdraw the requisition it shall specify the time within which the requisition shall be carried out, which shall not be less than the shortest which might have been mentioned

in the original requisition under this Act.

163. lithe person or persons required to execute the work or to do the thing fail. within the time specified in any requisition as atoresaid. to begin to execute such work or to do such thing. and thereafterdiiigently to execute the same to the satislaction ol the Municipality until it is

completed, the Municipality or any person authorised by it in that behalf. may. after giving forty-

eight hours’ notice of its intention, to be affixed or pasted upon or near the spot. enter upon the land and perform all necessary acts for the execution of the work or doing of the thing required. and the expenses thereby incurred shall be paid by the owners or by the campers it such

requisition was addressed to the owners or to the occupiers as the case may be. and by the

owners and the occupiers it such requisition was addressed to the owners and the occupiers.

164. (1) Whenever any expenses incurred by the Municipality are to be paid by the owners at

any land as provided in the preceding section. the Municipality mayI ilthere be more than one

owner. apportion the said expenses among such of the owners as are known in such manner as the Municipality may deem fit.

(2) Whenever any such expenses areto be paid bythe occupiers ofany land as provided in the preceding section, the Municipality may. it there is more than one occupier. apportion the said expensesamong such ol the occupiers as are known in such manner as the Municipality

may deem tit.

155. Wheneverany expenses incurred bythe Municipality are to be paid bythe owners and

occupiers of any land. as provrded in section 163. the Municipality may apportion the said

expenses among the said owners and occupiers or such oithem as are known in such manner as the Municipality may deem fit,

1 66. Whenever any works or alterations and improvements which the MuniCipality is

authorised by this act to require and execute, are executed by the occupier on the requisition oi the Municipality or are executed by the Municipality and the cost thereol is recovered from the

occupier, the cost thereol may. ii the Municipality certi‘y that such cost ought to be borne by the

owner, be deducted by such occupier from the next and following payments of his rent due or

becoming dueto such owner. or may be recovered by him in any court oi competentiurisdiction

167. if the Municipality. under the provisions of this Act smli have caused any repairs to be made to any house or other structure. and it such house or other structure be unoccupied. the Municipality may enter into possession oi the same. and may retain possession thereol until the sum expended by it on the repairs be paid to it.

168.“) The materials or anything which shall have been pulled down or removed under the

provisions of section 159 may be sold by the Municipality, and the proceeds ol such sale shall be adjusted to the payment ol the expenses incurred.

(2) The surplus sale proteeds, if any. shall be credited to the Municipal fund. and may be

paid on demand to any person who establishes his right to the satislaction of the Municipality or in a coon of competent jurisdiction.

169.“) Unless otherwise expressly providedr'ri this Act. no oounshali take cognizance ofany oilence under this Act or under any rules orbye-Iaws made thereunder except on the complai ni ol the Municipality or of such officer as may be authorised by the Municipality by general or

special order in this behalf.

Chulrperv tan or v r .- . . Chirp". m. An "tabular um hur- .'.., ob- )mm. P n N l r a/Munld- pal y on ,r. r u r n u pariah lo “mm mm. Pawn m arporllon ”n..." - nu o n ; ”um“: occupiers. Appouron. n 4 a r a m a n g awn-n and muprm. 0;“.er may '4— mm mi: «memm EmMIM-l hirexpmu'r f r o In any. Faw'r lo un‘r ”a. ”mural: Kellie-ru- m "paw. Sal! up... rm'nrr of Ito-u: m. p u r r o 4 law-- c u g n 1‘. an“. 162. The Chairperson or Vice-Chairperson. as the case may be, shall. after hearing .he objection and making any inquiry which they may deem necessary, record or order withdraw— ing. modiiying, or making absolute the requisition against which the objection is preterred; and if such order does not withdraw the requisition itshall specify the time within which the requisition shall be carried out, which shall not be less than the shortest which might have been mentioned in the original requisition under this Act. 163. It the person or persons required to execute the work or to do the thing fail, within the time speciﬁed in any requisition as aforesaid. to begin to execute such work or to do such thing. and thereafterdiiigentty to execute the same to the satislaction ol the Municipality until it is completed, the Municipality or any person authorised by it in that behalf, may. after giving forty- eight hours‘ notice of its intention, to be affixed or pasted upon or near the spot, enter upon the land and perform all necessary acts for the execution of the work or doing of the thing required, and the expenses thereby incurred shall be paid by the owners or by the occupiers it such requisition was addressed to the owners or to the occupiers, as the case may be, and by the owners and the occupiers it such requisition was addressed to the owners and the occupiers. 164. (1) Whenever any expenses incurred by the Municipality are to be paid by the owners at any land as provided in the preceding section, the Municipality mayI ilthere be more than one owner, apportion the said expenses among such oi the owners as are known in such manner as the Municipality may deem fit. (2) Whenever any such expenses are to be paid bythc occupiers ofany land as provided in the preceding section, the Municipality may. it there is more than one occupier, apportion the said expenses among such oi the occupiers as are known in such manner as the Municipality may deem tit. 165. Wheneverany expenses incurred oythe Municipality are to be paid bythe owners and occupiers of any land. as provrded in section 163. the Municipality may apportion the said expenses among the said owners and occupiers or such oithem as are known in such manner as the Municipality may deem fit. 1 66. Whenever any works or alterations and improvements which the Municrpallty is authorised by this act to require and execute, are executed by the occupier on the requisition of the Municipality or are executed by the Municipality and the cost thereo! ls recovered from the occupier, the cost thereol may. it the Municipality certi‘y that such cost ought to be borne by the owner. be deducted by such occupier from the next and following payments of his rent due or becoming dueto such owner. or may be recovered by him in any coun ol competentiurisdiction 167. lithe Municipality. under the provisions of this Act stall have caused any repairs to be made to any house or other structure, and if such house or other structure be unoccupied. the Municipality may enter into possession oi the same. and may retain possession thereoi until the sum expended by it on the repairs be paid to it. 166.“) The materials or anything which shall have been pulled down or removed under the provisions of section 159 may be sold by the Municipality, and the proceeds oi such sale shall be adjusted to the payment ol the expenses incurred. (2) The surplus sale proteeds, if any. shall be credited to the Municipal fund, and may be paid on demand to any person who establishes his right to the satislaction of the Municipaiity or in a court el competent jurisdiction. 169.0) Unless otherwise expressly providedin this Act, no oourtshall take cognizance ofany ottence under this Actorunder any rules orbye-laws made thereunder exceplon the complaint at the Municipality or of such officer as may be authorised by the Municipality by general or special order in this behalf. 263

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(2) No court inferior to that of a Magistrate of the First Class shall try any of the offences

specified in subsection (1).

170.(1) The offences under this Act shall be compoundable: Provided that no offence, arisrng irom the failure to comply with a written notice given

by or on behalf of the Municipality shall be compoundable unless the notice has been Compiled with.

(2) Sums paid by way ofcomposition under this section shall be credited to the Municipal Fund.

171. Every police officer havmg jurisdiction shall give immediate information to the con-

cerned Municipality of an offence coming to his knowledge which has been committed against the provisions of this Actor against any rules or bye-laws made thereunder, and shall be bound

to assist all members, officers and employees of the Municipality in the exercise of their lawful duties.

172. Any person aggrieved by an order of a MuniCipaiity retusmg, revoking or suspending licence or permission required under this Act may, notwithstanding anything contained else-

where in this Act, within thirty days from the date of refusal. revocation or suspension, appeal to

the Secretary whose decision shall be final and shall not be quest oned in any court.

173 (1) Any person aggrieved -

(a) by the refusal of the Municipality under section 107 to sanct'on the erect:on, re-

erection or material alteration of any building, or

(to) by a notice from the Municipality under section 94 requiring a road to be drained,

teveiled, paved, flagged, metailed or provided With proper means oilighting, or undersection 101

requiring the alteration or demolition of a building. or

may within thirty-days from the date of such refusal, nol'ce or order appeal to the Secretary.

(2) Nosuch refusal, notice ororder shall bequestioned othenrrise than by such an appeal,

{3} The decision of the Secretary shall be final . Provided that, ifan appeal is preferred to the State Government and the State Government

think it a fit case for appeal, the State Government may hear and deCide such cases,

174. No appeal under sections 172 or 173 shall be dismissed or allowed partly or wholiy

unless reasonable opportunity of showing cause or being heard has been given to the parties.

175(1) Should a dispute arise touching the amount of compensation which the Mun Cipaliry is required by this Act to my. it shall be seztled in such manner as the parties may agree and

in default of agreement by the Secretary upon appiication made to him by the Municipality or the

person claiming compensation.

(2) if the Municipality or the person claiming compensation is not satisfied by the decision of the Secre‘ary, it or he she” have a right to require the Secretary to make a reference to the

DistrictJuo‘ge. having jurisd on, in accordance with the procedure set forth in section 18 cf the Land Acqwsition Act. 1894.

176. No suit shall be maintainahie against a Municipality or any or its members, or any officer or employee, or any person acting under or in accordance with the direction of the

Municipality or any MunicipaI Officer or servant, in respect of anything in good faith done or

intended to he done under this Actor under any rules or bye-laws made thereunder,

t77,(i) No suitor other legal proceeding not being a criminai proceeding, shall be instituted

against any Municipality. or any of its miners in respect of any act purporting to be done by such

011...". and" III: Aer car-— pawl-nu. r o .1 r z .r and «sum Ufoﬂceln n r p 1 c I «menu, A pp 1 a I: from or den "In. ing Ill rum. Appran /nm. or» an: In a l I) e 7 mm. A ”my rm! to DC dit- arrxad Irl‘ t h a u I giving m- um“. op Manny, n.3,.“ n: In rump-n. !allon pay 5: bl: a, Mun-“par u,. Indra-m 4;, Ma. a] nail; in .mme— u/ and". (2) No court interior to that of a Magistrate ol the First Class shall try any of the chances specified in sub-section (1). 170.(1) The offences under this Act shall be compoundable: Provided that no oilence, arisrng lrorri the failure to comply With a written notice given by or on behaltol the Municipality shall be compoundable unless the notice has been complied with. (2) Sums paid by way otcomposition underthis section shall be credited to the Municipal Fund. 171. Every police officer havmg jurisdiction shall give immediate information to the con- cerned Municipality of an offence coming to his knowledge which has been committed against the provisions of this Actor against any rules or bye-laws made thereunder, and shall be bound to assist all members, ofﬁcers and employees of the Municipality in the exercise of their lawful duties. 172. Any person aggrieved by an order of a Municipality reluSing, revoking or suspendan licence or permission required under this Act may, notwithstanding anything contained else- where in this Act, within thirty days trom the date of relusal. revocation or suspension, appeal to the Secretary whose decision shall be ﬁnal and Shall not be quest oned in any court. 173(1) Any person aggrieved - (a) by the relusal ol the Municipality under section 107 to sanction the erect=on, re- creation or material alteration of any building, or (b) by a notice from the Municipality under section 94 requiring a road to be drained, ieveiled, paved, flagged, metalled or provrded With proper means othghting, or undersection 101 requiring the alteration or demolition of a building, or (c) by an order of the Municipality under the powers centerred upon it by section 114. may within thirty-days from the date of such refusal, not‘ce or order appeal to the Secretary. (2) Nosuch refusal, notice orordershall hequestioneo' otherwise than by such an appeal. {3} The decision ot the Secretary shall be linal . Provided that, ifan appeal is preferred to the State Government and the State Government think it a in case for appeal, the State Government may hear and dedide such cases, 174. No appeal under sections 172 or 173 shall be dismissed or allowed partly or whol‘y unless reasonable opportunity ol showing cause or being heard has been given to the parties. 17541) Should a dispute arise touching the amount oi compensation which the Mun 'cipailty is required by this Act to pay, it shall be seztled in such manner as the parties may agree and in delault oi agreement by the Secretary upon application made to hrm by the Municipality or the person claiming compensator». (2) lithe Municipality or the person claiming compensation is not satisfied by the decision of the Secretary, it or he shall nave a right to require the Secretary to make a reference to the DislrictJuo‘ge. having jurisdizztion, in accordance with the procedure set forth in section 15 oi the Land Aoqursition Act. 1894. 176. No suit shall be maintainable against a Municipality or any of its members. 0t any officer or employee, or any person acting under or in accordance with the direction 0: the Munictpality or any Municipal Ofﬁcer or servant, in respect at anything in good faith done or intended to be done under this Actor under any rules or bye-laws made thereunder, 17711) No suitor other legal proceeding not being a criminal proceeding. shall be ins'tiluterl against any Municipality. or any of Its chicers in respect of any act purporting to be done by such 264

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oiticer in his official capacity, orany person acting under its direction until the expiry oismy days next after notice in writing has been delivered to. or ieit at the office of,

(a) in the case of a suit against the Municipality, the Executive Oflicer;

(b) in the case of an otticer, the officer againstwhom the suit or proceeding is instituted.; or

stating the cause of actiont the name, description and place or residence or the plaintiff or the petitioner and the relief which he claims,

and the plaint or the petition shall contain a statement that such notice has been so delivered or lei‘t.

Explanation : “Officer" in this section includes the Chairperson or the Vice-Chairperson, as the case may be;

(2) Every such action shall be commenced within six months next after the accrual of the cause of action and not attemards.

CHAPTER - XII

ADMINISTRATIVE CONTROL OVER MUNICIPALITIES

178. The Secretary or any other officer specially empowered by the State Government to exercise the powers of the Secretary may. at any time

(a) enter into and inspect, or cause any other person to enter into or inspect -

(i) any immovable property in the occupation oi or;

(ii) any work in progress under: or

(iii) any institution under; the control and administration of the MLrticipality ; and

(D) call for and Inspect any book or document which may be, for the purpose of this Act in

the possession or under the control of the Municipality

179(1) The State Government or the Secretary may, by order in writing, suspend the execution of any resolution or order of the Municipality or prohibit the doing of any act which is about to be done or is being done, in pursuance oi,

or under cover of, this Act, or in pursuance at any sanction or permission granted by the

Municipality in the exercise of their powers under this Act, it in its or his opinion. the resolution. order or act is contrary to the public interest or is in excess of the powers conferred by law. or the execution of the resolution or the order, or the doing of the act, is likely to lead to a serious

injury or annoyance to the publiC. or to any class or body of persons.

(2) When theSecretary makes any order underths section, he shall iorthwith iorwardacopy

thereoi, with a statement of his reasons for making it to the State Government, which may

thereupon rescind the order crdirect that it continues to be in force with or without modification,

permanently or for such period as it may deem tit:

Provided thatthe State Governmentor as the case may be. the Secretary shall beiore taking

any action under this section. give the Municipatity concerned an opportunity of being heard

against the proposed action.

180(1) It at anytime, on receipt of a complaint or iniormation or otherwise it appears to the State Government that the Municipality have made deiautt in performing any duty imposed on it by orunderthis Actorany otherAct, the StateGovernrnent may, by an orderinwriting, call upon the Municipaiity to perform the duty within such time as may be appointed by such order,

(2), li such duty is not pertormed within such period, the State Government may, after

considering any representation which the Municipality may submit, either revoke or mod iiy the order or appoint some tit and proper person to perform the duty.

(3) If in any case of emergency, the Secretary. upon the recommendation or the

Control by Sacrvilary. I'nwr la suspend lotion rm- dcr ihd Au. Pawn: a] 5m: Gav- mum-urn an ordn- fauna-do] Sltrurlry in «In of "urge", m: otticer in his official capacity, orany person acting under its direction until the expiry otsixty clays next after notice in writing has been delivered to. or left at the office oi, (a) in the case of a suit against the Municipality, the Executive Ofﬁcer; (b) in the case of an otticer, the officer againstwhom the suitor proceeding is instituted.; or (c) in the case oi any person acting under the direction of the Municipality, at his place or residence or business. stating the cause of action, the name, description and place oi residence at the plaintiff or the petitioner and the relief which he claims, and the plaint or the petition shall contain a statement that such notice has been so delivered or left. Explanation : “Officer" in this section includes the Chairperson or the Vice-Chairperson, as the case may be; (2) Every such action shall be commenced within six months next after the accrual of the cause of action and not alterwards, CHAPTER - XII ADMINISTRATIVE CONTROL OVER MUNICIPALITIES 178. The Secretary or any other officer specially empowered by the State Governmenl to exercise the powers of the Secretary may, at any time - (a) enter into and inspect, or cause any other person to enter into or inspect - (i) any immovable property in the occupation at or; (ii) any work in progress under: or (iii) any institution under; the control and administration of the Municipality ; and (D) call for and inspect any book or document which may be, for the purpose oi this Act in the possession or under the control of the Municipality, 179.0) The State Government or the Secretary may, by order in writing, suspend the execution of any resolution or order of the Municipality or prohibit the doing of any act which is about to be done or is being done, in pursuance oi, or under cover of. this Act, or in pursuance 0! any sanction or permission granted by the Municipality in the exercise or their powers under this Act, it in its or his opinion. the resolution, order or act is contrary to the public interest or is in excess oi the powers conferred by law, or the execution of lire resolution or the order, or the doing oi the act, is likely to lead to a serious injury or annoyance to the publiC. or to any class or body of persons (2) When theSecretary makes any order underths section, he shall forthwith forwardaoopy thereol, with a statement of his reasons for making it to the State Government, which may thereupon rescind the order ordirect that it continues to be in force with or Without modiﬁcation, permanently or for such period as it may deem ﬁt: Provided thatthe State Governmentor as the case may he, the Secretary shall before taking any action under this section. give the Municipality concerned an opportunity of being heard against the proposed action. 180(1) It at anytime, on receipt of a complaint or inlormation or otherwise it appears to the State Government that the Municipality have made default in performing any duty imposed on it by orunderthls Actorany oiherAct, the StateGovernmani may, by an orderinwriting, call upon the Municipaiity to perform the duty within such time as may be appointed by such order. (2), If such duty is not periormed within such period, the State Govarnment may, after considering any representation which the Municipality may submit, either revoke or modify the order or appoint some tit and proper person to perform the duty. (3) If in any case of emergency, the Secretary. upon the recommendation oi the 265

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concerning technical adviser immediately available, is at opinion that the immediate execution

of any work or the immediate doing of any act which the Municipality, whether at a meeting or

otherwise, are empowered to execute or do, is necessary lor the health or safety of the pubiic. he may call upon the Municipality to execute the work within such timeas he may appoint If such work is not executed within such period he may appoint some tit and proper person to execute

the work or do the act immediately.

(4) The Secretary shall forthwith report to the State Governmentevery cases in which he

uses the powers conferred on him by sub-section (3) whereupon the State Government may

pass such orders as it deems fit.

(5) Where any person is appointed under sub-section (2) orsub-section (3), the Secretary

may direct that the expense of performing the duty. executing the work or demo the act, together with reasonable remuneration, If any, to the person so appointed, shall lorthwith be paid by the

Municipality,

(6) Where such expense and remuneration are not so paid, the Secretary may make an

order directing the person having the custody of the balance of the Municipal Fund to pay the

expense and remuneration or so much thereof as isposslble from the balance in priority to any or all other charges.and such person shall make payment accordingly.

181. I! in the opinion of the State Government a Municrpality is not competent to perform, or persistently make default in the performance of the duties imposed upon it by or under this Act

orotherwise by law, or exceeds orabuses its powers,the State Government, may. by notification,

stating the reason for so doing. declare such Municipality to be incompetent or in default or to

have exceeded orabused its power, asihe case maybe, and supersedeor suspend itfora period

notexceeding twomonths eta time ordissolve the Municipality and orderatresh election as soon

as possible but before the expiration of a period of six months lrorn the date of dissolution:

Provided that the petiod of supersession and suspension shall not exceed a period of Six

months in total in any case.

182(1) When an order of suspension, supersession or dissolution is passed under section

131. the following consequences shall ensure, namely:-

(a) all the members of the Municipality shall, as from the date of the order, vacate their

offices as such members;

(1:) all the powers and duties which under this Act may be exercised and performed by the

Municipality whether at a meeting or otherwise shall, during the period of suspension, supersi ession or dissolution be exercised and pertormed by such person or persons as the State

Government may appoint;

(n) all properties vested In such Municipality shall, during the period of suspension, su-

persesenon or dissolution, vest in the State Government,

(2) On the expiry of the period of suspension or suspension specified in the order, the State Government may-

(a) extend the period of suspension or supersession for a term as piovided in section 181

and the proviso thereunder : or

to) reconstitute the Mumcrpality by a lresh general election and the persons who vacated

their offices under clause (a) of subsection (1) shall not be deemed to be disqualified for fresh election.

team Should a dispute arise between a Municipality and any other local authority on any matter in which they are icintly interested, such dispute shall be referred to State Government

whose decision shall be final

(2) The State Government may regulate by rules made under this Act the relation to be

observed between a Municipality and other local authontes in any matter in which they arelointiy interested,

P o w a r in apn- "damna— pmd nr dltxoivo Municipal» say u. mu 0] incarn- prlln“. drlnulr or no“. or pawn. C 17 7| 5 e . qulmxl of rullprxes- ﬂan, nu— pastor- and dum— mum. Dcci u‘ on maximum buwrenln— mi au- lhon'li'es. concerning technical adviser immediately available, is of opinion that the immediate execution ol any work or the immediate doing of any act which the Municipality, whether at a meeting or otherwise. are empowered to execute or do, is necessary for the health or safety of the puoiio, he may call upon the Municipality to execute the work within such time as he may appoint. I! such work is not executed within such period he may appoint some ﬁt and proper person to execute the work or do the act immediately. (4) The Secretary shall forthwith report to the State Governmentevary cases in which he uses the powers conferred on him by sub-section (3) whereupon the State Government may pass such orders as it deems fit. (5) Where any person is appointed under subsection (2) orsub-section (3), the Secretary may direct that the expense of performing the duty. executing the work or doing the act, together With reasonable remuneration, if any, to the person so appointed, shall lorthwith be paid by the Municipality, (6) Where such expense and remuneration are not so paid. the Secretary may make an order directing the person having the custody of the balance of the Municipal Fund to pay the expense and remuneration or so much thereof as ispossiole train the balance in priority to any or all other charges.and such person shall make payment accordingly. 181. I! in the opinion of the State Government a MuniCipality is not competent to perform, or persistently make default in the performance ol the duties imposed upon it by or under this Act orotherwise by law, or exceeds orabuses its powers,the State Government, may. by notification, stating the reason ior so doing. declare such Municipality to be incompetent or in default or to have exceeded orabused its power, asihe case may be, and supersedeor suspend itfora period notexoeeding twomonths ata time ordissolve the Municipality and orderairesh election as soon as possible but before the expiration of a period oi six months from the date of dissolution: Provided that the period of supersession and suspension shall not exceed a period of SIX months in total in any case. 18211) When an order of suspension. supersession or dissolution is passed under section 181, the following consequences shall ensure, namely:- (a) all the. members of the Municipality shall, as from the date of the order, vacate their offices as such members; (b) all the powers and duties which under this Act may be exercised and performed by the Municipality whether at a meeting or otherwise shalt, during the period of suspension, supersa ession or dissolution be exercised and periormed by such person or persons as the State Government may appoint: (0} ali properties vested In such Municipality shall, during the period oi suspension. su- persessron or dissolution. vest in the State Government, (2) On the expiry of the period oi suspension or suspension specified in the order, the State Government may— (a) extend the period oi suspension or supersession for a term as provided in section 181 and the proviso thereunder : or to) reconstitute the Municipality by a fresh general election and the persons who vacated their offices under clause (a) of sub—section (1) shall not be deemed to be disqualiﬁed for fresh election. i83.(1) Should a dispute arise between a Municipality and any other local authority on any matter in which they are icinrly interested such dispute shall be referred to State Government whose decision shall be final (2) The State Government may regulate by rules made under this Act the relation to be observed between a Municipality and other local authorites in any matter in which they areiointiy interesred, 266

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CHAPTER -X||l

DISTRICT PLANNING COMMITTEE

184(1) The State Government shall, by notification. constitute in every district a District

Planning Committee.

(2) The District Planning Committee shall consist ci-

(a) the member of the House of People; (b) the member of Council at State;

(c) Adhyaksha oi Zilla Panchayat: (cl) Chairpersons of Municipalities havingjurisdiction over the headquarters oithe district;

to) such numberoipersons. not less thaniour-fiiih of the total number oi members oi the committeeas may be specified by the State Government, elected in the prescribed manner irom

amongst the elected members oi Municipalities and line Panchayat in the district in proportion to the ratio between the population or the rural areas and oi the urban areas in the district.

(3) The iollowmg persons shall be the permanent invitees oi the District Planning Com- mittee, namely:-

(a) all the members oi the Legislative Assembly whose constituencies lie within the

district and who are electors in the district:

(b) the District Collector of the district. and

(c) the District DevelopmentOfiicercurn-Panchayat Oiiicer of the district who shall be the Member Secretary oi the Committee.

(4) The Adhyaksha oi the Zil'a Panchayat oi the District shall be the Chairman of the District Planning Committee.

(5) The District Planning Committee shat: consoiioate the plans prepared by the Zilla Panchayats, Gram Panohayais and the Municipalities in the district and prepare a draft devel- opment plan ior the district as a whole.

(6) Every District Planning Committee shall, in preparing the draft development plan- (a) have regard to»

(i) matters of common interest between the Panchayats and Municipalities including spatial planning, sharing of water and other physical and natural resources, the integrated development of intrastructure and environment conservation.

(it) the extent and type at avaiiabie resources whether financial or otherWise: (b) consult such institutions and organisations as the Government may, by order‘ specify. (7) The Chairman oi every District Planning Committee shall icirward the development

plan, as recommended by the District Plann.ng Committee, to the State Government for consideration, approval and implementation.

CHAPTER- XIV

MISCELLANEOUS

185(1) The State Finance Commssion constituted Under article 2434 of the Constitution read with section 97 at the Sikkim Panchayat Act, 1993 shall also review the financial position oi the Municipalities and make recommendations to the Government as to-

(a) the principles which should govern-

(i) the distribution between the State and the Municipalities of the net proceeds oi the taxes, duties. tollsand tees leviable bythe State. which may be divided between them under Part lXA oi the Constitution and this Act and the allocation between the Municipalities at all levels of their respective shares of such proceeds;

(ii) « the determination of the taxes, duties, tolls and lees which may be assigned lb, or

appropriated by the Municnpalities; ,

(iii) the grants-in-aid lo the Municipalities irorn the Consolidated Fund of the State:

(b) the measures needed to improve the linancral position of the Municipalities:

can v93.

Cwulill- lion Di: I'll: “X Cunnil— let, in compa- u‘ rion a n d f u n c - lions, slim n. n a n c ' Cull-lir- mm. CHAPTER -Xl|I DISTRICT PLANNING COMMITTEE 184(1) The State Government shall, by notification. constitute in every district a District Planning Committee. (2) The District Planning Committee shall consist ot- (a) the member of the House of People; (b) the member of Council of State; (c) Adhyeksha oi Zilla Penchayat: (d) Chairpersons of Municipalities havingjurtsdiction over the headquarters oithe district; to) such numberolpersons, not less thaniour-fihh oi the total number ol members at the committee as may be speciﬁed by the State Government. elected in the prescribed manner from amongst the elected members oi Municipalities and Zilla Panchayat in the district in proportion to the ratio between the population 01 the rural areas and oi the urban areas in the district. (3) The followth persons shall be the permanent invitees of the District Planning Com- mittee, namely:- (a) all the members at the Legislative Assembly whose constituencies lie within the district and who are electors in the district: to) the District Collector of the district, and (c) the District Development Ofiicercum-Panchayat Oiiicer of the district who shall be the Member Secretary oi the Committee. (4) The Adhyaksha oi the Zilla Fanchayat oi the District shall be the Chairman of the District Planning Committee. (5) The District Planning Committee shat: consoiidate the plans prepared by the Zlila Panchayats, Gram Panchayats and the Municipalities in the district and prepare a draft devel- opment plan ior the district as a whole. (6) Every District Planning Committee shall, in preparing the draft development plan- (a) have regard to» (l) matters of common interest between the Fanohayats and Municipalities including spatial planning, sharing of water and other physical and natural resources. the integrated development of intrastructure and environment conservation. (it) the extent and type at available resources whether lmanctal or otherwtse: (b) consultsoch institutions and organisations as the Governmentmay, by order, specify. (7) The Chairman oi every District Planning Committee shall iorward the development plan, as recommended by the District Plannmg Committee, to the State Government for consideration. approval and implementation. CHAPTEH- XIV MISCELLANEOUS 185(1) The State Finance Commssion constituted under article 243-1 of the Constitution read with sectlon 97 of the Sikkim Panchayat Act. 1993 shall also review the ﬁnancial position of the Municipalities and make recommendations to the Government as to- (a) the principles which should govern- (i) the distribution between the State and the Municipalities of the net proceeds oi the taxes, duties, tollsand tees leviable bythe State. which may bedivided between them under Part lXA oi the Constitution and this Act and the allocation between the Municipalities at all levels of their respective shares of such proceeds; (ii) « the determination or the taxes, duties, tolls and fees which may be assigned to, or appropriated by the Municnpalittes; , (iii) the grants-ih-aid to the Municipalities item the Consolidated Fund of the State: (b) the measures needed to improve the linanclal position oi the Municrpatitles: 267 60/1993.

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(c) any other matter referred to the Finance Commission by the Governor in the interest o€ sound finance of the Municipalities.

(2) The Governor shall cause every recommendation made by the Com mission under this

section together with an explanatory memorandum as to the action taken thereon to be laid

before the Legislative Assembly of Sikkim. i

186. The superintendence, directions and control ol the preparation of electoral rolls for,

and the conduct of, all elections to the MuniCipalities shall be vested in the State Election

Commlsslon constituted by the Governor under article 243-K ofthe Constitution read with section 103 of the Sikkim Panchayat Act. i993.

187. A Municipality may provide open space, parks. playgrounds, common swimming

pools and amenities for the use and enjoyment of the people and may trams bye—laws regulating their use.

188. Every Municipality shall, in regard to the establishment, maintenance and manage: ment of pounds, perform such function as may be transterred to it by notification under section

31 at the Cattle Trespass Act, 1871 and lease out pounds. when so transferred in such manner

as may be prescribed.

189. A Municipality when required by the State Government, shall provide for the

registration of births and deaths within its limits in accordance with the provisions of the

Registration of Births and Deaths Act, 1969.

t90.(l) For the prevention and extinction of fire, the Municipality at a meeting may resolve to

establish and maintain a tire~brigade and to provide any implements. machinery, or means of

communicating intelligence which the Municipality may think necessary for the efficient dis-

charge of their duties by the brigade.

(2) The Municipality at a meeting may recognise and aid a volunteer tire-brigade and

provide for the guidance, training, discipline and conduct of the members thereof.

191.(1) 0n the occasion at a fire in a Municipality. any Magistrate, or any member of a Mu nicipality or the person in charge oi afirebrigede maintained by the Municipality. and directing the operation in connection with the fire, or any police officer above the rank of constable, when so directed by the Magistrate or a member, may-

(8) remove or order the removal of any person who by his presence interferes with or

impedes the operations for extinguishing the fire, or tor saving life or property;

(in) close any street or passage in or near which any tire is burning;

to) forms purpose at exti nguishing the it re or preventing its spread, break into or pull down or cause to be broken into or pulled down any premises or use for the passage of any house or

other appliance for that purpose:

(a) cause mains and pipes to beshut oil seats to give greate r pressure oiwater in the place where the fire has occurred:

(6) call on the persons in charge of any fire engine to render such assrstance as may be possible;

(i) generally take such measures as may appear necessary {or the protection of his or

property. (2) No person shall be liable to pay damages for any actdone by him undersubrsection

(1; of this section in good faith.

192(1) No act of the Municipality shall deemed to be invalid by reason oi any vacancy in the

Membership thereof. '

(2) Any proceeding of a meeting of the Municipality shail be valid notwithstanding that it

Stair Elec- rrun Ea... mum». Pawn-r "7 Inlil‘ IO p u r k a i r I w y - ground! and 0pm lpacz. PM”: '2. (tiling to pounds. 3.5mm . Llurl of birlk: and 4&1th Enabllsh. In" and rl n In! I» luv”: of fire-bri- 3:44.. P o v a r : 0/ Magi-x. hummu- bar 0/ Mum-Pd. El), 6 rid other 17‘!- ran: [ar 4' u” r r r a mm of 11m. Vomit) 9/ an: and pracnud. lngx. (c) any other matter referred to the Finance Commission by the Governor in the interest of sound finance of the Municipalities. (2) The Governor shall cause every recommendation made by the Com mission under this section together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly or Sikkim. i 186. The superintendence, directions and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall be vested in the State Election Commission constituted by the Governor under article 243-K ofthe Constitution read withsection 103 of the Sikkim Panchayat Act. 1993. 187. A Municipality may provide open space, perks. playgrounds, common swimming pools and amenities for the use and enloym ent of the people and may frame bye—laws regulating their use. 188. Every Municipality shall, in regard to the establishment. maintenance and manage- ment of pounds, perform such function as may be transterred to it by notification under section 31 of the Cattle Trespass Act, 1871 and lease out pounds. when so transferred in such manner as may be prescribed. 189. A Municipality, when required by the State Government, shall provide for the registration of births and deaths within its limits in accordance with the provrsions of the Registration of Births and Deaths Act. 1969. 190(1) For the prevention and extinction of fire, the Municipality at a meeting may resolve to establish and maintain a fire-brigade and to provide any implements. machinery, or means of communicating intelligence which the Municipality may think necessary for the efficient dis- charge of their duties by the brigade. (2) The Municipality at a meeting may recognise and aid a volunteer fire-brigade and provide for the guidance, traini g, discipline and conduct of the members thereof, 191(1) 0n the occasion of a fire in a Municipality, any Magistrate, or any member of a Mu nicipality or the person in charge of afire—brigade maintained by the Municipality, and cirecting the operation in connection with the fire, or any police officer above the rank of constable, when so directed by the Magistrate or a member, may- (6) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the ﬁre, or for saving life or property; (In) close any street or passage in or near which any tire is burning; (c) iorthe purpose of exti nguishing the fi re or preventing its spread. break into or pull down or cause to be broken into orpuiled down any premises or use for the passage of any house or other appliance for that purpose: to) cause mains and pipes to oeshut off soas to give greater pressure olwater in the place where the fire has occurred; (6) call on the persons in charge of any fire engine to render such ass:stanca as may be possible; (i) generally take such measures as may appear necessary for the protection of life or property. (2) No person shall be liable to pay damages tor any actdone by him undersubrsection (1; of this section in good faith. l92.(1l No act of the Municipality shall deemed to be invalid by reason oi any vacancy in the Membership thereof. ' (2) Any proceeding 01 a meeting of the Municipality shall be valid notwnhstanding that it 268

Effect of diction of x mm

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“who‘ve

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E lerlarul

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is subsequently discovered that some persons who was not entitled so to do, voted or otherwise

took part in the proceedings.

193. It a Chairperson, Vice-Chairperson or a member cl 2 Municipality becomes a

member of either House of Parliamentor Member of Legislative Assembly, he shall be deemed

to have vacated his office as such Chairperson, Vice-Chairperson or, as the case may be, the

member ofthe Municipality with eflect from the date 01 his becoming such member and acasual

vacancy shall be deemed to have occurred in such office.

194. Any act of commission or ommission which is an electoral oftenoe in relation to

elections to the Legislative Assembly under Chapter VII of the Representation of the Peoples

Act, 1951 or under any law for the time being in force shall be deemed to be an electoral offence

in relation to the elections to the Municipalities under this Act.

195.“) The election oia person as a member 01 a Municipality shall not be called in question

except by an application presented to such authority within such time and in such manneras may be prescribed on the ground that

(a) the election has not been a free election by reason that the corrupt practice otbrrbery or undue influence has extensively prevailed at the election: or

(b) that the result of the election has been materially affected-

(i) by the improper acceptance or rejection of any nomination:

(ii) by gross failure to comply With the prowsions of this Act or the rules lramed

thereunder.

(2) The following shall be deemed to be corrupt practices of bribery or under influence

for the purposes or this Act, nam ely:~

(1) Bribery, that is to say -

(A) Any gift. offer or promise by a candidate or by any other person with the connivance

of a candidate of any gratification to any person whornsoever, with the object. directly or

indirectly. at including —

(a) a person to stand or not to stand as or to withdraw from being a candidate at any

election; or

(b) an elector to vote or refrain irnm voting at an election; or as a reward to -

(i) a person tor haying stood or not stood or having withdrawn his candidature, or

‘(ii) an elector lor having voted or retrained from voting, (B) Undue influence, that is to say. any direct or indirect interference or attempt to

interlere on the part of a candldate or or any other person With the connivance oi the candidate

with the free exercrse at any electoral right'

Provided thatwithout preludice to the generality ol the provisions of this clause. any person as referred to therein who .

(i) threatens any candidate. or any elector or any person in whom a candidate or any

elector is interested, with injury of any kind including social ostracisrn or excommunication or

expulsion from any caste or community; or

(ii) induces or attempts to induce a candidate or an elector to believe that he or any

person In whom he is interested Will become or will be rendered subject 0! divine displeasure

or spiritual censure: shall be deemed to interfere with the free exercise 01 the electoral right of such candidate or

elector within the meaning of this clause.

(3) The application under sub-snatch (1) may be presented by any candidate at the

election or any elector and shall contain such particulars as may be prescribed.

Explanation :- Any person who tried a nomination paper at the election whether such

nomination paper was accepted or rejected shali be deemed to be a candidate at die election.

(4) The authority to whom the application under sub-section (1) is made shall, in the

1:11”: In] chaﬁng of 1 mm of . M... Mclpnlily i. m ”on... v P a VI 1' l - Mull .u (autoim- Ann-mun E itrlarul Gianni is subsequently discovered that some perser who was not entitled so to do, voted or otherwise took part in the proceedings 193. If a Chairperson. Vice-Chairperson or a member 01 a Municipality becomes a member of either House or Parliamentor Member of Legislative Assembly, he shall be deemed to have vacated his office as such Chairperson, Vice-Chairperson or, as the case may be, the memberofthe Municipality with effect from the date of his becoming such member and acasual vacancy shall be deemed to have occmred in such office. 194. Any act of commission or ommission which is an electoral offence in relation to elections to the Legislative Assent biy under Chapter VII of the Representation of the Peoples Act. 1951 or under any law for the time being in iorce shall be deemed to be an electoral offence in relation to the elections to the Municipalities under this Act. 1 95(1) The election ota person as a member of a Municipality shall not be called in question except by an application presented to such authority within such time and in such manneras may be prescribed on the ground that ~ (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election: or (b) that the result of the election has been materially affected- (i) by the improper acceptance or rejection of any nomination: (ii) by gross failure to comply With the provisions of this Act or the rules lramed thereunder. (2) The following shall be deemed to be corrupt practices of bribery or under influence tor the purposes of this Act, nam elyz~ (1) Bribery, that is to say - (A) Any gift. offer or promise by a candidate or by any other person with the oonnivance of a candidate at any gratitlcalion to any person whomsoever, with the object. directly or indirectly. at including - (a) a person to stand or not to stand as or to Withdraw from being a candidate at any election; or (D) an elector to vote or refrain from voting at ar‘ election; or as a reward to - (i) a person for havtng stood or not stood or having withdrawn his candidature. or ‘lii) an elector (or having voted or refrained from voting. (B) Undue influence that is to say. any direct or indirect interference or attempt to intertera on the part of a candidate o! of any other person With the connivanco of the candidate with the free exermse of any electoral right- Provided thatwithout pretudice to the generality oi the provisions of this clause. any person as referred to therein who - (i) threatens any candidate. or any elector or any person in whom a candidate or any elector is interested. with injury of any kind including social ostracism or excommunication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested Wiii become or will be rendered subject oi divine displeasure or spiritual censure: shall be deemed to inleriere with the tree exercise of the electoral right or such candidate or elector Within the meaning of this clause. (3) The application under sub-station (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed. Explanation :- Any person who tiled a nomination paper at the election whether such nomination paper was accepted or reiected shali be deemed to be a candidate at the election. (4) The authority to wnom the application under sub-section (1) is made shall, in the 269

Election

no! [I Dr

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wrm m

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manner of -

(a) hearing of application and the procedure to be followed at such hearing; (b) setting aside the election or declaring the election to be void ordeclaringthe applicant

to be duly elected or any other relief that may be granted to the petitioner, have such powers and authority as may be prescribed,

(5) The order passed by the authority upon an application under sub-section (1) shall be

final and conclusive and shall not be questioned in any civil court.

(6) Notwithstanding anything in this Act, the validity or any law relating to the delimitation of wards in a Municipality made or purporting to be made shall not be questioned in any court

196‘ No person shall contest the election to any Municipality with the support, direct or

indirect, of any political party.

t97. No Civil Court shall have jurisdiction to question the legality ol any action taken or any decision given by an officer or authority appointed under this Act in connection with the conduct of election thereunder

198. The provisions oithis Act rules and bye~laws. the orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law.

199. Every member, and every olticer or servant of the municipality and every contractor ‘5

or agentappointed by itlorthe collection otany tax orevery person employed by such contractor

or agent tor collection or such tax shall be deemed to be a public servant within the meaning of

section 21 of the lndian Penal Code.

IRE/l.

200(1) The State Government may. by notification, make rules for carrying out the purposes of this Act.

(2) In particular and Without prejudice lo the generality of the foregoing power. SUCH rules

may provide tor all or any of the following matters. namely:- (a) manner of holding elections to the Municipalities under sub-section (3) otsection 7.

(b) manner of conducting the election oi the Chairperson and Vice-Chairperson under section 10;

(C) prescribing the iorm of register and the rnanner In whicn the minutes oi the proceed- ings of a meeting of a Municipality shall be recorded and kept under sub-section (ii of section 24

(d) the manner oi appointment, other condi lions oiservice ol‘ the employees power, duties and functions or the Executive Oilicer and other officers and employees and disciplinary when to be taken against them under section 35:

(e) prescribing the form and the manner in which annual budget oitho Municipality shall be prepared under section 45:

‘

('1‘; prescribing the form or register and the manner of keeping accounts of receipts and

expenditure under section 46:

(g) prescribing the form in which the accounts of the previous year ol 3 Municipality is to be transmitted to the State Government under section 47;

0.) prescribing the manner of sending certificate at the amount Due to the person by the auditor under sub—section (3) ol section 56:

(l; prescribing the rates and manner in which latesrates. lees toiisi duties or charges may be isvred by a Municipality under sub-section (2) of section 60;

(J) prescribing the mode of procedure and system ol Eevy ct tax on the iandrhoidinqs under sect‘on 67; .

(k) the manner ofasssssing the valuation ofholdings for imposition oftax, its collection

Electron run lo 0: tonlcllxd will: rru "ppm of ,olllical My. Bar of I... rlldrclion of cm: Court: In , r: c It r; :- mum. Oven-altru- «ffm a] in. pmvt'» no»: of new. Public 11‘»- mi. Pa in! to malt: links. manner of - (a) hearing of application and the procedure to be followed at such hearing; (to) setting asrde the election or declaring the election to be void ordeclaringtho applicant to be duly elected or any other relief that may be granted to the petitioner, have such powers and authority as may be prescribed, (5) The order passed by the authority upon an application under sub-section (1) shall be ﬁnal and conclusive and shall not be questioned in any civil court. (6) Notwithstanding anything in this Act, the validity or any law relating to the delimitation of wards in a Municipality made or purporting to be made shall not be questioned in any court 195. No person shall contest the election to any Municipality with the support, direct or indirect. of any political party. l97. No Civil Court shall have jurisdiction to question the legality ol any action taken or any decision given by an ofﬁcer or authority appointed under this Act in connection with the conduct of election thereunder 198. The provisions oithis Act rules and oye~laws. the orders made and directions issued thereunder shall have effect notwithstanding anything inconsistent therewrth contained in any other law for the time being in force or any instrument having eiloct by virtue ol any such law. 199. Every member, and every oliicer or servant of the municipality and every contractor or agentappoimed by itlorme collection orany tax orevery person employed by such contractor or agent iorvoollection or such tax shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 200(1) The State Government may, by notification, make rules for carrying out the purposes of this Act. (2) In panlcularand withouipreiudlcetothe generality of the foregoing power. such rules may provide for all or any of the lollowing matters, namely:- (a) manner of holding elections to the Municipalities under sub-section (3) of section 7. (b) manner of conducting the election ol the Chairperson and Vice-Chairperson under section 10; (c) prescribing the iorm of register and the manner In whim the minutes oi the proceed‘ ings of a meeting of a Municipality shall be recorded and kept under sue-section (ii of section 24 (0‘) the manner oi appointment, other condi lions oise'vice ol‘ the employees power, duties and functions of the Executive Ollioer and other officers and employees and disciplinary action to be taken against them under section 35: (e) prescribing the form and the manner in which annual budget ottho Municipality shalt be prepared under section 45: y it) prescribir'g the iorm or register and the manner at keeping accounts of receipts and expenditure under section 46: {9} prescribing the form in which the accounts of the previous year ol 3 Municioclit/ is to be transmitted to the State Government under section 47; (h) prescribing the manner of sending certificate of the amount Due to the person by the auditor undarsuh-section (a) bisection 56: {i} prescribing the rates and manner in which texesxates. teesr toiisi duties or charges may be lowed by a Municioality under sub-section (2) of section 50; (i) prescribing the mode of procedure and system at iavy ct tax on the ‘arrd-hoidinge under sect‘on 67; . (k) the manner of assessing the valuation of holdings for imposition oftax, its collection 270 45 mm nI

Power to

Murat.

pality to

puma:- laws.

and refund by a Municipality; (i) the mannerof publication of notice of assessment undersub-section (i)

of section 78;

(m) the manner otwritlng cftthe irrecoverable sum due loaMunicipality under section 92',

(n) prescribing the Medical Officer under section 122;

(o) prescribing the manner of publication of order under sub-section (1) of section i302

(p) manner, in which, time within which and the authority to whom. application for ques-

tioning the election shall be presented under section 195;

to) any other matters which are to be and may be prescribed

(3) Every rule made under this section shall, immediately after It is made, be laid before

the State Legislature it it is in sessmn. and if it is not in session. in the session immediately

lollowing for a total period of fourteen days which may be comprised in one session or in two

successive sessions, and it. before the expiry of the session in which it is so loud or the session

immediately following, the House agrees in making any modification in the rule or in the

annulment ot the rule, the rule shall. thereaher. have etiect only in such modified form or shall

stand annulled as the case may be. so, however. that any such modification or annulment shall

be without prejudice to the validity at anything previously done under that rule.

201.“) A Municipality may, with the previous approval of the State Government, frame bye-

Iaws consistent with the provisions of this Act and ru|e5 made under section 200 tor carrying out

the provrsions of this Act.

(2) Without prejudice to the generality ol the foregoing power. such bye-laws may provide

for all or any of the foilowing matters, namely:-

(i) regulating traffic, and preventing obstructions and encroachments and nuisances on

or near public roads. or on or near pontoon bridges. ghats, landing places. river banks or other

places of public rescn or on places near water works for the supply of drinking water;

(ii) prescribing a minimum width at wheel tyres of a minimum diameter and the maximum

wheel-tracks or wheels for dirterent classes of carts and carriages kept or used within the

Municipality;

(iii) prescribing the manner in which notice of the intention to erect, re-erectol materially

alter a building shall be given to the Municipality;

(iv) requiring thatwtth every such notice shall be lurnisheo a site plan of the land on which

it is intended to erect, re-erect or materially alter such building and a blue-print plan and

specification, and in the case or erection or re-erectipn or a budding. estimate also at the cost of

construction (excluding cost of land and its improvement) of the building. with all such characters

and with such details as the bysvlaws may require in respect ofall or any ofthelollowing matte rs,

namely :

(a) tree passage or way in hum of the building:

(b) space to be left about the building to secure tree circulation at air and light and facilities

for scavenging and for the prevention of fire;

(d) level and width of foundation, level of the lowest floor and the stability of the

structure;and

(e) the line or lronlage wrth neighbouring burldings. it the building abuts on a public road.

(v) regulating, In respect ol the erectionJe-erection or material alteration of any building

Within the Municipality or part tt‘tereot-

/ (a) the materials and method ol construction to be used for external and partition walls,

roots and floors

to) the materials and method of construction and position ol lire places, chimneys

latrines, privies. urinals. cesspools. and drains;

are to live or cooking operations are to be' carried on;

(d) the space to be left about the building to secure the free circulation of air and light and

for the prevention of tire:

his» to Mnnlri. pality r» punchy:- km. and refund by a Municipality; (i) the mannerof publication of notice of assessment under sub-section (i) ofsection 78; (m) the manner ofwriting offthe irrecoverable sum due toaMunicipality under section 92', (n) prescribing the Medical Officer under section 122; (o) prescribing the manner of publication of order under sub-section (1) of section l30: (p) manner, in which, time within which and the authority to whom. application for ques- tioning the election shall be presented under section 195; to) any other matters which are to be and may be prescribed. (3) Every rule made under this section shall, immediately after it is made, be laid before the State Legislature if it is in sessmn, and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and it. before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or in the annulment of the rule, the rule shall, thereafter, have effect only in such modified form or shall stand annulled as the case may be. so, however. that any such modification or annulmentshall be without prejudice to the validity oi anything previously done under that rule. 201.“) A Municipality may, with the previous approval of the State Government. frame bye- laws consistent with the provisions of this Act and rules made under section 200 for carrying out me provrsions of this Act. (2) Without prejudice to the generality of the foregoing power, such bye-laws may provide for all or any of the foilowing matters, namely:- (i) regulating traffic, and preventing obstructions and encroachments and nuisances on or near public roads. or on or near pontoon bridges, ghats, landing places, river banks or other places of public resort or on places near water works for the supply of drinking water; (ii) prescribing a minimum width ot wheel tyres of a minimum diameter and the maximum wheel-tracks or wheels for different classes of carts and carriages kept or used within the Municipality; (iii) prescribing the manner in which notice of the intention to erect, re-erect or materially alter a budding shall be given to the Municipality: (iv) requiring thatwtth every such notice shall be furnished a site plan of the land on which it is intended to erect, re-erect or materially alter such building and a blue-print plan and specification, and in the case of erection or rte-erection of a burlding. estimate also of the cost of construction {excluding cost of land and its improvement) of the building. with all such characters and with such details as the bye—laws may require in respect ofall or any otthefollowing matters, namely : (a) free passage or way in tront of the building: (b) spaceto be left aboutthe building to secure freecirculation olairand lightand facilities for scavenging and for the prevention of lire; (c) provision and position of latrines, privies, urinals, cess-poois or drains; td) level and width of foundation, level of the lowest floor and the stability of the structureand (e) the line otlrontage wtth neighbouring buildings. it the building abuts on a public road. (v) regulating, in respect of the erection.re-erection or material alteration of any building Within the Municipality or part thereof- 1 (a) the materials and method of construction to be used for external and partition walls, roofs and floors. (b) the materials and method of construction and position of fire places, chimneys, latrines, privies. urinals, cesspools. and drains; (c) the height and slope for the roofabove the upper-most floor UpDn which human beings are to live or cooking operations are to be' carried on; (a) the space to be left about the building to secure the free circulation of airand light and for the prevention of tire; 271

(e) the line of frontage where the building abuts on a public road;

(f) the number and height of the storeys of which the building may consist;

(g) the means to be provided for egress from the building in case of fire;

(h) any other matter affecting the ventilation or sanitation ol the buildings; and

(i) matter concerning sanitary conditions and water pollution of the area;

(vi) preventing the erection of buildings without adequate provisions being made for the

laying out and location of roads;

(vii) regulating the level, means of drainage, alignment and width of roads constructed by private persons;

(viii) regulating the use of, and the prevention of nuisance in regard to public water supply, bathing and washing places, streams. channels, tanks and wells;

(ix) regulating, either by granting licences necessary or othenNise, the washing of clothes

by professional washermen and fixing the places in which clothes may be so washed or in which

they may not be so washed;

(x) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells, tanks, pools, excavations, cisterns or other places or vessels containing or capable or

containing water;

(xi) regulating the cutting of trees and bamboos within the Municipality;

(xii) regulating the disposal of sewage, offensive matter, carcasses of animals and

rubbish, and the construction and maintenance of latrines. privies, urinals, cesspools. drains and

sewers;

(x ) providing for the inspection and regulation of markets and for the preparation and eth I Ion of a price list thereat;

(xiv) regulating the hours and manner of transport within the Municipality of any specified articles of food or drink;

(xv) fixing the placesIn which any specified article of food or drink may be sold or exposed for sale or the places'In which it may not be sold or exposed for sale and regulating the sale of

foodstuff unfit for human consumption, (xvi) regulating, either by granting licences necessary or othenivise or prohibiting for the

purpose of preventing danger to the public health the stalling or herding of horses, dogs, cattle,

swine, donkeys, sheep or goats, geese, ducks and fowls;

(xvii) providing of the inspection of milch cattle, and prescr‘ ing the measures to be taken on the occurrence among them of infectious or contagious disease, and prescribing and

regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water—

supply of dairies and cattlesheds in the occupation of persons carrying on the trade of dairymen or milk—sellers;

(xviii) providing for the inspection and proper regulation of encamping grounds, pounds, dharmasalas, bakeries and aerated water factories, ice»factories, flour mills, oil mills, sweetmeat

shops, factories, and other places in which mechanical or electrical power is employed. and

slaughteriiouses;

(xix) preventing nuisances affecting the public health, safety, or convenience in places of

public resort for purposes of recreation or amusement;

(xx) controlling and regulating the use and management of burial and burning grounds and the disposal of corpses;

(xxi) providing for the holding of fairs, melas and industrial exhibitions within the Municipal- ity or underthe control of the Municipality and for fixing and collecting the fees to be levied thereat;

(xxii) fixing the conditions on the licences under this Act which are to be granted and may be suspended or revoked;

(xxiil) preventing and removing any encroachment on any Municipal land including markets, drains and roads:

(xxiv) distribution of works among the officers and member of the Municipality.

(3) A Municipality may, by any bye-law framed underthis section, declare that any person committing a breach of any such bye—law, or failing to comply with any notice issued thereunder, shall be liable to afine which may extend to one hundred rupees and to a further fine which may

(e) the line of frontage where the building abuts on a public road; (f) the number and height of the storeys of which the building may consist: (g) the means to be provided for egress from the building in case of fire; (h) any other matter affecting the ventilation or sanitation of the buildings; and (i) matter concerning sanitary conditions and water pollution of the area; (vi) preventing the erection of buildings without adequate provisions being made for the laying out and location of roads; (vii) regulating the level, means of drainage, alignment and width of roads constructed by private persons; (viii) regulating the use of, and the prevention of nuisance in regard to public water supply, bathing and washing places, streams. channels, tanks and wells; (ix) regulating, either by granting licences necessary or otherwise, the washing of clothes by professional washermen and fixing the places in which clothes may be so washed or in which they may not be so washed; (x) prescribing the measures to be taken for the prevention of the breeding of mosquitoes in wells. tanks, pools, excavations, cisterns or other places or vessels containing or capable or containing water; (xi) regulating the cutting of trees and bamboos within the Municipality; (xii) regulating the disposal of sewage, offensive matter. carcasses of animals and rubbish, and the construction arid maintenance of latrines, privies. urinals. cesspools. drains and sewers: (x ) providing for the inspection and regulation of markets and for the preparation and 9th I Ion of a price list thereat; (xiv) regulating the hours and manner of transport within the Municipality of any specified articles of food or drink; (xv) ﬁxing the places In which any specified article of food or drink may be sold or exposed for sale or the places' In which it may not be sold or exposed for sale and regulating the sale of foodstuff unfit for human consumption, (xvi) regulating, either by granting licences necessary or othenNise or prohibiting for the purpose of preventing danger to the public health. the stalling or herding of horses, dogs cattle, swine, donkeys, sheep or goats, geese, ducks and fowls; (xvii) providing of the inspection of milch cattle, and prescr' ing the measures to be taken on the occurrence among them of infectious or contagious disease, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water— supply of dairies and cattlesheds in the occupation of persons carrying on the trade of dairymen or milk—sellers; (xviii) providing for the inspection and proper regulation of encamping grounds, pounds, dharmasalas, bakeries and aerated water factories, ice»factories, flour mills, oil mills, sweetmeat shops, factories, and other places in which mechanical or electrical power is employed, and slaughter»houses; (xix) preventing nuisances affecting the public health, safety, or convenience in places of public resort for purposes of recreation or amusement; (xx) controlling and regulating the use and management of burial and burning grounds and the disposal of corpses: (xxi) providing for the holding affairs, melas and industrial exhibitions within the Municipal- ity or underthe control of the Municipality and forfixing and collecting the fees to be levied thereat; (xxii) fixing the conditions on the licences under this Act which are to be granted and may be suspended or revoked; (xxiii) preventing and removing any encroachment on any Municipal land including markets, drains and roads: (xxiv) distribution of works among the officers and member of the Municipality. (3) A Municipality may, by any bye-law framed underthis section, declare that any person committing a breach of any such bye-law, or failing to comply with any notice issued thereunder, shall be liable to afine which may extend to one hundred rupees and to a further fine which may 272

r u w r r

In mim-

WWI.

C 9 rl n i n

A“: and to

apply «Id

laviugt.

TIIIIHflr Offle’Ml.

extend to twenty-five rupees for each day after conviction during which the offence is continued.

202. "any difficultyarises in giving effectto the provisions of thisAci. the State Government

may take such steps to issue such orders not inconsistent with the provisions of this Actas may

appear to it to be necessary or expedient lor the purpose of removing such difficulty: Provided that no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

203(1) Subject to the provisions of subsection (2), on and from the date ofthe constitution of Municipality in any local area under this Act

(i) the Sikkim (Flepeal and Miscellaneous Provisions) Act. l985, and

(iii the Sikkim Allotment of House Sites and Construction of Buildings (Regulation and

Control) Act. 1985.

shall cease to apply to such Municipality and all assets and liabilities of the Urban Development and Housing Department pertaining to the areas comprised within such Municipality shall stand transferred to and vest in Municipality :

Provided that such ceasure shall not affect -

(a) the previous operation of the Siklum (repeal and Miscellaneous Provisions) Act. 1985 and the Sikkim Allotment of House Sites and Construction of Buildings (Regulation and Control) Act, 1985 or anything done or suffered thereunder; or

(b) any right. privilege, obligation or liability, acquired. accrued or incurred under the aforesaid said Acts. or

against the aforesaid Acts; or

(d) any investigation, legal proceeding or remedy in respect of any such right. privilege. obligation. liability, penalty, forfeiture or punishment as aforesaid; or

(e) any such investigation. legal proceeding or remedy that may be instituted. continued or enforced and any such penalty. forfeiture or punishment that may be imposed as if this Act had been passed.

(2) Anything done or any action taken including any appointment or delegation made, notification, notice. order, instructions ordirections issued. rules, regulations. forms or schemes

framed. certificate obtained. permit or licence granted, tax imposed or fees or rates levied under the Sikkim (Repeal and Miscellaneous Provisions) Act. 1985 and the Sikkim Allotment oi House Sites and Construction of Buildings (Regulation and Control) Act. 1985 shall, in so far as they were in force in any local area immediately before the constitution at any Municipality in such

iocal area under this Act. be deemed to have been done or taken under the corresponding provisions of this Act.

204. As soon as may be after the constitution of Municipalities under this Act. all records. flies, papers and documents which are necessary for a Municipality for effectively and efficiently performing the luncfions and duties entrusted to such Municipality under this Act shall be transferred and handed over to such Municipality by the Urban Development and Housing Department.

M af 1’8&

11 o] 1985.

P u w a r In mim- tumour". C : rl l i in am RM to apply and um... Turn/Ir ujmom. extend to twenty-five rupees for each day alter conviction during which the offence is continued. 202. liany dittioultyarises in giving eftectto the provisions otthisAot, the State Government may take such steps to issue such orders not inconsistent with the provisrons or this Actas may appear to it to be necessary or expedient lor the purpose of removing such difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. 203(1) Subject to the provisions of subsection (2), on and from the date otthe constitution oi Municipality in any local area under this Act (i) the Sikkim (Hepeal and Miscellaneous Provisions) Act, i985, and (ii) the Sikkim Allotment of House Sites and Construction of Buildings (Regulation and Control) Act, 1985, shall cease to apply to such Municipality and all assets and liabilities of the Urban Development and Housing Department pertaining to the areas comprised within such Municipality shall stand transferred to and vest in Municipality : Provided that such ceasure shall not aftect - (a) the previous operation of the Sikkim (repeat and Miscellaneous Provisions) Act. 1985 and the Sikkim Allotment of House Sites and Construction of Buildings (Regulation and Control) Act, 1985 or anything done or suffered thereunder; or (b) any right. privilege, obligation or liability, acquired, accrued or incurred under the atoresaid said Acts, or (c) any penalty, forfeiture or punishment incurred in respect of any oftence committed against the aforesaid Acts; or (d) any investigation, legal proceeding or remedy in respect oi any such right. privilege. obligation. liability, penalty, forteiture or punishment as aforesaid; or (at any such investigation, legal proceeding or remedy that may be Instituted, continued or enrorced and any such penalty, forfeiture or punishment that may be imposed as if this Act had been passed. (2) Anything done or any action taken including any appointment or delegation made, notification, notice, order, instructions ordirecticns issued, rules, regulatons. terms or schemes framed, certificate obtained, permit or licence granted, tax imposed or fees or rates levied under the Sikkim (Repeal and Miscellaneous Provisions) Act, 1985 and the Sikkim Allotment oi House Sites and Construction of Buildings (Regulation and Control) Act, 1985 shall, in so far as they were in force in any local area immediately betore the constitution at any Municipality in such tocal area under this Act, be deemed to have been done or taken under the corresponding provisions of this Act. 204. As soon as may be after the constitution oi Municipalities under this Act, all records. flies. papers and documents which are necessary for a Municipality for ehectiveiy and eiticientiy performing the functions and duties entrusted to such Municipality under this Act shall be transferred and handed over to such Municipality by the Urban Development and Housing Department. ' 273 M of “as. n of 1985.

THE SCHEDULE

(See section 12)

Form oi oath or affirmation to be made by a member ol a Municipality.

l,..,...,...... having been elected a memberol .......... Municipalitydoswearinthe name of God or solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law

established and that I shall falthtully discharge the duties upon which I am about to enter.

BR, PHADHAN.

Secretary to the the Government of Sikkim

Law Department. I-‘ile Nut 16(284ir.1)r1995.

THE SCHEDULE (See section 12) Form ot oath or afﬁrmation to be made by a member at a Municipaiity. l,..,...,.......havingbeeneiectedamemberof.,.,....,. Municipaiitydoswearinthe nameofGod or solemnly affirm that I wiil bear true faith and aiiegiance to the Constitution of India as by law estabiished‘ and that I shat) faithtully discharge the duties upon which I am about to enter. BR. PHADHAN, Secretary to the the Government at Sikkim Law Department. File Nu. l6(284)l.l)/I995, 274

Sikkim act 6 of 1995 : The Sikkim Municipalities Act, 1995

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