Sikkim act 004 of 1975 : The GANGTOK MUNICIPAL CORPORATION ACT,1975

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( ,~. ::,;':~. lb~ .G~ngtQk MQD.i~ip3l CorpQfatiolJ .Act 1975

AN ACf

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to mak~ provisions for the establishment of a Municipal Corporation in Gan~tok and matters connected therewith ; . ,. . ' ..

WHE~AS it is .:xpeq!~m to make. prov~sjo~s fQ:r the e~tilbli~hment of a Municipal Corpo- ration at Gangtok and matters (;':Q~Il~cte~~herc;wi~h.· ' , '. "

It is hereby enacted a~ [pllows ;.,..""

CHAPT~J\ I

Prellminary

Short iule, extent and 1.(1). This Act may be called the Gan~tok Municipal Corporation Act, 19H. '·i.(Jlllllm,·~m~m:

D1inicivn s:

"l,Jrjdae" , 'Buildino" .• CuilSffYunsv"

•

•• DIClill"

" j-JolJiIl9"

"Hut"

"/nhabitan e"

"Latv:"

• 'AJorke!"

" Notification"

••Gccupier"

(2) It extends and applies to the town of Gangtok, but the State Government may by notification extend all or any of the provisions of this Act to areas outside the town of Gangtok. . ". .r~(3) It s,hall come into for.ce on such date as the State Government ma:Yby noti~ ~ ~:catiop ilppoint., . , '. .. .... ~ .

2.' In this Act,unless there is anything .repug~~ In the subject Or context -

(1) "bridge" includes i\ culvert ; .

(2) "bqild,mg" includes " house, out-house, stable, privy, urinal, shed, hut, wal] (other ~P2.11a pO\lnqpry vrilU, flot ~~ceedingten feet in height) ilnd a'f\yolher such structure, whether ofmasonry.ibrtcks, wood, mud, metal or any other ma- terial whatsoever , but d,qe~n9~ include any temporary shed erected on ceremonial or festive ()ccllsiQP~i

(3) "q)ll~ervancy' '1llealls the removal and disposal of sewage,off'ensivc matt er find rubbish i ' . .

(4-) "dangerous dtsease " means ~

(a) . cholera, plague, small-pox, cerebrospinal meningiti$' and c!iptheriol; , " . '. '. ;,', ',' .,' , and

(b) any other disease which the State Government 'may, by notification, declare to be a dangerous disease fQr all or any of the purposes of this Act.

(s) "drain" includes ~ sewer, ~ house-draln, a drain of any other description, a tunnel, a culvert, a ditch, a channel and ;!.Ilyother such device for carrying of sullilge, sewage, Qffen~ive ~tl~r!, polluted, W~~er, rain water or sub-soil. water j

(6) "no1dillg" means lilllA help under one title or agrement· and surrounded by one set of bOlmdarie~: Provided that where two Or more adjoining holdings [orrn pjlrt ~nq parcel Qf the site or premises of a dwelling house, manufactory, warehouse or place of' trade or bustness, such hol£iipg~ shall be deemed to be one holding for the purpose ofthis Act.' ' :

~l'pl(lllatipn 1 Holdings separC\t~q by a street or other means of communlcatjon §Mll be qeeJned to be adjoining wiJhj~ the J1le~ing of th!~ provlso.;".

(7) . "hut" means 'any building which' i; ~onstrucled principally cf'wccd, bamboo, mud, leaves, grass or thatch and Includes any temporary str\.l¢tw~ of whatever size or any small building (not being masonry building) of whatt

(8) ".inhabitant" used with reference to any' local area means any penon Qr- dinarily restding or carrying OIl bustness or owing or occupying immovable pro- perty therein i .' . .• '. .'

(~) "land" includes be~~fits arising out efland, and things attached to the earth I or permanently fastened to any thing attached to.ihe earth, ' ," . ,.

(10) "market" in~lud~s any place when: pen OIlSassemble for the sale of allY Jiving thi~g intended for /lIHTIiIO food or of aflYart icle of food j . -, ..

(II) "notification" means j!, flMifi<;:atioApublished in the official Gazeu.e ,

(12) HO(:it::IJpier" me,m ;HlYperson for th!! lime peing in possession or deemed to be in possession of any land or bqildinginrespect of which the word is used and includes an owner liYing in, .or ..~l"en~beu.ing. his own land 0,. building. (I s) ."oV(l)er" includes tpe pl!rso~ for the time J>eing receiving the rent of any land or buildlJ:l~ or ~nlpart,pf any land or PlJi)dinS wltelher on his own account or

, CHAPTER II ",,' , The Municipal' Authorities.

3, (I) There shall be establishedfo~ the town of Gang'tok aMunicip~rCorpo~ati~;l consisting of such number of Councillors not exceeding nine in number as the State Government may specify in-the notification: constituting the .Corporation. The boundaries of the C;0rporation shall be .specified in the notification and n1

(2) The Corporation shall be a' body corporate by the name of t~e Gangtok' Municipal Corporation having perpetual succession and a cO~lmon seal and by that name shall sue and be sued, ' , ' , ,', ""~'" ., '

(3) The first Co~ncillors shall be nominated by th~ Government by noi:ifi'~atio;~,' and shall hold office for four years commencing from the date of the first meeting of the newly formed Corporation after the notification at which a quoTurn is present, (4-) Subject to the provlsion of sub-section (3), the ',Councillors shall'be elected on the basis of adult franchise in the manner prescribed by, rulessmadeby the State Government and shall hold office for four years commencing from the date of the first meeting "of, the Corporation' after such' election',' at which a 'quorum is present. .. ,

Pawer ro divide Cor- 4, The State Government may, by notification, divide the Corporation into' i'vr,,(ivn imo Wards Wards and for the, purpose' of the election of theCouricillors determine the num- and fix the number oj ' ber of Councillors to be elected from each such Ward," ,'; '.\, :,.,' Councillors vJ each

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t\,t ..prtscribed' ':

i ••Ptivuc~ Sueet" ' , i

! ''i'~b/" Street" t,

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i Con sri 'tutton and in- '

"\,., cvrporClCioJl oj Corpo- I {ucian ClUJ number oj l councillors, ,

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as agent or trustee for any-person-of s~c!etY' or for ~ny religious or charitable I?ur."

pose, or as a receiver, or"wh9 .w.ould,so receivesuch rent if the land building,,:)'r,("

part thereof were let to, ,a}.e~nt) ", " " i'

(14-) "prescribed" means prescribed,bY,-this Act or by rules.cr.lby-lews made

thereunder; .. \ . ~~'1.''':"'C,_ "'l~;. " ~'. . .:.;. ,',,' '",' .~-. _,' '(IS) "private street" means any street,road,'lane;gully,alley:,pass.~g~ o~' square which is not a public street as defined in thls Section, but does not i~~lud~ a passage secur ing access to less than.four premises.tor apassagt> provided in effecting the partition of any building amongst joint-owners;" u), , ';" " ':'" .. <''''',''

(16) "public street" means any street, road, lane, gully', alley, passage, pathway, , square or Court, whether a thoroughfare or not, over which the public have a right of way, and includes ~" ';' ,', " ,,' .

(a) the roadway over any public bridge or causeway,' , , ,

(b) the footway attached to a,nysuch street, public bridge or causeway;

(c)

(d) the drains attached to any such street, public bridge ;,Or .causeway, and, where there is no draln attached.to anysuch srreet , shall be deemed, to include also, unlessthe contrary is shown, all.land upto the boundary wall, hedge or pillar of the premises, if any, abutting on the street, , , or if iJ:, street alignment has been fixed, -then upto the alignment; ('7) "sewage" means night-soil and other contents of privies, urinals, cess- 'pools or drains and, includes trade ,cffiucnt'and discharges from manufactories of 'all kinds' " ' . , , ,':'

(18) "siaughter house'

(19) "year " 'means a year beginning on tlle firstday.of': April:,: '

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5, (I) A person shall not' be eligible for nomination' or election as a Councillor if such person, - ," ",': ','" : . ,'"

(a) has been adjudged by a co.mpetent Court to be of unsound mind i or ":

lb) is under twenty one years of age j or;", " l,

(c), is an undischarged Insolvent, or " " . "

(d) being a discharged Insolvent, bas not obtained from the Court a cer- ( tificate that his insolvency Was.caused by misfortune 'without ;lnymis-"

conduct on his part;' or' "',", ",', ';:,. :,",

(e) is a municipal o!fi,cer or ~ervant or holds any office of profit under the "

Corporation; or ;'f~: ,", 'i:'''' ~.$.!~ > '.:1 .~.t-,1",t.i.1l,\."•.:.J·~",\~," ":::, ~

(f) has direcrly or Indirectly by himself or byh,iS partn~;'~~em~loyeer orany employee, any share or Interestinanycontract or employment':

, with, by, or 011 behalf of, the Corporation; 01',<" :'i', l", ,,'. ,

(g) , is in arrears for more ,than six, months'iil payrnen; '6f anyrate' or tax. , (2) Hany person.Is or has beenconvicted bY.il:,C~i~inal Courtofan offence,' punishable with Irnprlsonment for a period ofrriorethan s,!x,'l:1:l9'mhs,such.person- "

'.,11 "M ),,. pliaible for election Or nomination f01,;:~ve)'ears fJ'Cimihcdate 'of fix- ' .. .-.. . . ~ ~

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• , , ,,';,:.'i P'rovid~d that,' on :appIi~ti~n:Inade by a person

. ficarlon i'f in the' opinion of the: State Government the offence does not involve moral turpitude. .' ">. -. '.' . ., •.. , ....,

6',' Every person who is nominated or elected as Councillor shall be~ore:taking' his seat make and subcrlbe beforesuch officer as the State Government-may: ';'.' , aut hor ise in .this behalf an oath or affirmation in the following form, namelyj:

. "I,' A,B" having been nominated/elected a Councillor of the Gangtok Municipal,' Corporation, 'do swear in the name of God (or solemnly affirm) that Iwill bear true faith and allegi;:mce to the Constitution of India as .by law established and thatlwlllfatthfully discharge the duties upon which Iam about to enter;" '" ..: ' .'

J, At the first meeting of the Corporation, '. the Councillors, ~fter making and subscribing the oath of allegiance 'under Section 6 shall appoint one of their member to preside at the meeting andshall proceed to elect a Chairman and a' Vice-Chairman of the Corporation,' .

':. -&..,.;,.;1 'U'Councillors 8,(1) The State Government' may remove a Councillor - .

(a) if the removal' is: recommended by a resolution of the Corporation' passed at a special meeting called for the purpose and supported by , the Votes of not less than two-thirds of the total number of the Coun- cillors, of the Corporation holding office for the time being j 01'

(b) . if he has been declared by the State Government by notification issued after due enquiry to have violated his oath of allegiance j or,

(c) if he absents himself from the meetings of the Corporation for six months, continuously without having obatalned permission from the

. Chairman, Or in his absence from the Vice-Chairman j or

(d) if he refuses to. act or. becomes incapable of acting or is declared In; solvent or if, after his appointment as Councillor, he-Is convicted of'

" .,anoffence which in the opinion of the State Government involves mol' ;i!' ;;~

. turpitude"; or ' .' •." '. " ,

(e) if he acquires or continues to have directly or indirectly' by himself or his partner or his agent, any share .or interest in any contractor. :.,

. employment with, by, or 'on behalf of-the Corporation or holds any office of profit under the Corporation; or . , . " s • ,

(f) if he is in arrears for mor~ than one year, in payment of rates and taxes "

payable under this, Act. ." ',.-

(2) Before removing a Councillor under sub-section (1), the State Goverrunent ' shall allow the Councillor concerned an.opportunity of ,being heard, ,

(3) All acts and proceedings of any Councillor shall, if done previous! y to such removal, be valid and effectual to all intents and purposes. ':, " ,.•. ; 9,(1) The Corporation may subject to the provisions of this Actand .the rules, 1 ; made thereunder from time. to time determine what.officers and Other, servants of the Corporation are necessary for the Corporation and may make appointments of such officers and servants and fix their salaries and allowances. '.' (2). The Corporation may delegate to the Chairman the power to appoint and dismiss such officers and servants as it may deem fit., " 1" •.. ',.

(3) No appointment to and dismissal from the po~t of any officer or-servant carrying a monthly salary rising by periodical Increments to more than. three hun- dred rupees shall be, made by the Corporation under -sub-section (I) or by the Chairman under sub-section (2) without, the approval .of the State.Government,

(4) No person shall be eligible for employment as an officer or servant of tilt:

Corporation ifhe has, directly orIndirectly by himself or .hls partner or employer or employee, any share or interest in any contract or. employment. ~ith,;by} or "

on behalf of the Corporation and if any such .officer or servant subsequently ae-,' , ,,;'

. quires such share or interest he IllaYp~reIpo,:~q from servlceinaccordance ;with",(,,; rules which may be prescribed, . ,'j ,"'. i . ".' e <, .' :. ' . " " ' .' '!\'.\"; •. , 10,(1) The State Governmentmay,after,consulting withthe Councillors, i.f'it. , thinks necessary so to, do .In the public .interest , appoin~ by notificat ion. an Exe- , , cutive Officer for the Corporation anp shall make, such ,appclnunent. if .ln, its opinion the affairs of the Corporatfon are .not properly nl..nagcd, qr.can not be .',. ' managedin accordance with law, for, suc~.perip4 not:e~c~e~in.g ().l,t~,,}'earat a . time as.may be specified in .the notification.' . . '. ",:" .

(2) , The Executive Officer shall.be paid outoL\h,e,Municipa~..r4nd,s\Jcll sal')ry and allowance as niay from time to .time to be fixed by the State Government ,

(3) The Executive Officer appointed, under lj1!s ~~clioJ1'shall exercise such powers of the Chairman .or of the Corporation as' may be ccuferrcd on him Ly

. ' notification. by the .State Government and on such .norlficaucn. such pOW':I'~ sh.d! cease to be exe rclseable by the Chairman 01" by the Corporation a's the c",,; rn s v h"

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-Oczh cif allo!8iQD ce to . , foe ,a~1I bJ th«

;. - ~m;ilJ..us

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AppajlllIllellt oj Su- bordiuate Officers 'dfpoUumen t ojExe- :OlItife OJJlcer by the .:)wi.: CI.iI.:J'lIlllellt j /'

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1altus oj tb« Execu- .i.(Officer , ~

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(+) rh~CQrpQril-tl()Q~y ~~l~g~~eto ~~e f~ec,:1;Iqy~Officer ~11or any of the powen 9f the CQrp9fi\tion. . " . ) " " .. , " , , '-' " '

(s) The State Government Wi\Y!lt any tj!Ue~\1spemt remove, dismiss 'or ot~e'r- wise punish the Executive ,Officer appointed \.lndef.thj~ Secrlon. , ~ , r , (1) The Executive Officer ~h<1Ube theprinclpal executive officer of the Cor-:

poratlon and 'Ill other OffiCHS jmq ~ervWltljof ~heCQrppril~ion shall be subordinate to him. ,H,e shal] ~ve the ~~e right Qfl;>eingpresent ilt!\ meeting of the Corpora.' tion or ~ny spec~l or ~t~ding ~~ml!ljt~~e, and of taking part Inthe discussion thereat as if he 'Wi\$~ CQuncillor (If a,~mber pf ~he Committee. but he shall no t be entitled tc vote at such meeti,ng. • , ;. ", '. , " , '. "

(2) Subject to the prQyi~iol1~oh~h'~ectiQJl (3)' and sub-section (4-) of section 10, the Executive Officer shall ac~ jp respec; of ~Jlother matters under the dlrec- tion of the Chairmen ~lu'Q\lghwhom h,::shall be responsible to the Corporation.

12. The Ccrpcratlon may, subject tQ thl! sanct icn of the S~iI~~Coven:llnent, make rules as to -

(i) the appointment, leave, duties, condltlons of service, disciplinary proceedings, punishment PJ' dismissal and removal of the officers and servants of the Corporation;

(ii) the granting of pensions, grat!Ji~ie4. bonuses or other grants and allow- ances to or for the pffi~er$ ;mq servants of the Corporation out of the M\.lnicipill ,F~qs i ' , j ,

(iii) th~ creatlon and ~n,agement pf I1t provident fund or annuity fund, for , ~oJTlpelling ccntrlbutlons to such provident or annuity fund on the partof their officers and servants, and for supplementing such contri- buttons out of the Municipill Fl,indj ,', ",

(tv) the nature and amount of security to be furnished by different classes of officers jlnd ~ervwt$ 9[ the .corporat ion for the proper discharge of their qu~i~s i', " '~,

(v) the payment tq be made p).1~of the Municipal Fund to the Chairman, Vlce-Chairman, Councillorsand 9aicers and servants of the Corpora- tion for travelling expenses as may be incurred in performing journeys for carrying out for purposesof this Act.

CQnd\.lct 9f business,

Pa,*~r t~ tnak« rules ;

,1!,,'i()[J sand persons

to prtfjde at meetjn8

13.(~) The Chairman or in hii absence, the Vice-Chairman shall call a meeting of the Corporation at least once in every month.

, (2) The Chairman or in his absence the Vice-Chairman shall call a special meeting of the Corporation on a requisition signed by not less than one-third of the total number' of Councillors j if the Chairman or Vice. Chairman fails to give notice of a special meeting tp be held within fifteen days after such requisitlon has been made, the meetings may be called on seven days notice by the Councillors signing the requlsft.ion, ' " '

(3) The Chairman, or in the absence, the Vice. Chairman shall preside at every meeting and in his absence of both the Chairman and the Vice-Chairman, the Coun- cillor shall choose one .of their member to preside.

14-.(1) All questions which may come before the Corporation at a meeting shill be decided by a majority of VOles and in case of equality of votes, the penon pl'esiding shall have a second or ' casting vote, " ", '. :.

(2) No Councillor shall vote on jlny matter affect~ng his own pecuniary interest or on any quest ion exclubively 'relating to hi, liabili~i' to any lax, rate. toll or fee , or any assessment of himself or valuation of any property in which he is in any way interested a~ owner. ~nager or agent Or otherwise. 'j "" ';,:

1s. (I) No business shall be transacted in any meeting of the Corporation unless a, quorum shall be pre~ent., ' " ' " ,," "",'

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De •.isions oj questions ,wJ costillB Vote and fNilfbj cion Jrom votjI)8 «yo/un) and adjourn- ulCntJur wan t oj quor- rum:

(2) On~~lhird of lh~ total number of the Councillors holding office' for 'the t time being shall be the quor.um : provided \hat' in case where the ,lotal number of \ Councillors holding officefer the time being'is not evenly divis;.\>le by three.

\ the one-third shall Dearcertalncd by taking the number next •.bove such toial num-

a ber which is evenly divhable by three, as the number to be divided. ' " ., ,',

')' , (3) If at the appointed t ime for a meeting, or within ~H an hour thereafrer ,

a quoruni is not preicnt , the meeting Ihall be Adjourned to some future

\ appolru cd by lh<.~hail In&~ or. in hh •.bscnce , by the Vice-Chan nuncnd three

. notice of such adjourned meeting Ihall be givt:n, and no quorum shall be necessary ~" (or such adjourned meeting.," ' '

N"riCt of meetino and 16. (I) A list of the bustness rcbe traruaeted at a meetjllg~nd,jn the case ofrnc cting

•• i- Jill of business an~ called on ~ requislt icn, the terms of the roJp/o~eed/(l8s: 110r at least three days. before the date ~PF91P.t(df9r: the meetmg and no bustncss ~ / I 1¥!'~' " , ,.,. ." ,'-! ~~"1.<':~!'.~~~~..·:t;~' ·~•.J;·1'~t;\.(:-r'·t:." .. 'C ~.:'~~:'::'.(/:, / / ,

" .."j:0'~~:'~":':,,';:.\':~:~_/,J ••s: ' ..:: '

forlJlation oj sta ndin8 Commjll~e :

Farnuu ion oj joillt C(}1Il II Ii ctees :

Decision oj disputes between loco I autho- I it ics :

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Power^co^makerules us co business oj' Corporation and the Convniiuee :

VuliJ(Hion aj'acts ()lid proceeditigs :

Corporation maJ acquire and dispose propu~v ;

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• • .;, A ', ••• , :;, .•••• , ~, " • '.' i', ">'.. . . "

of which such n~tice hasnor-been giyen shall be brought forward at a meeting.

(2) Minutes: of 'the pr?c~~di~gs of all m~etings of theCorporaucn, in which shall be recorded interalia the ~mes of all the Councillors present: and the person presiding, shall be enteredIntoa bp~l.

(3) The minutes shall beJ~}dp~fore,tht: next meeting of the, CorporatlonIor confirmation and shall be aho,signed by the person ;presiding at such meeting.

17. (I) The Corporation may from time 'to t,i,me,appoint stanciing'commilteesancl by specific resolution deltgllte to, or withdraw from, such committees any of its functions, powers and duties. ,

(2) Each standing committee shall consist of Councillors who shall not be less than two-thirds of the total number of the members of the Committee and such other penons not exceeding one-third i~ number as the ,Corpor~tior at,~ n:<,ee,ting may, from time to t ime , determine and nominate for this purpose. '

(3) All the proceedings of any such committee shall be subject to confirmation or modification by the Corporation unless in special case the Corporation at a nlceting otherwise directs. .

(4) All questions regarding the removal or resignation of members of a Com- mlrt ee bhall be decided by the Corp?ration." , " ' , 18.(1) The Corporation may join with any other local autborlty in constituting, out oftheir respective bodies.a joint committeefor any purpose in which they l1,ay be jointly interested and in delt:guting to any such joint committee any power which might be exercised by,t~,e Corporatlon or any of the local authorities con- cerned. ' , ,,'

(2) Such joint committee may, fr;rli ti~e t~.ti~e, make, rules as 't~ it,~'procee- "

dings and as to the conduct of correspondence relating ~()the purpose for"which it is constituted. ",I , ' ' , ;, ','" ,,'

19. If a-dispute arises between .the Corporation and "any otherloeal authority on any matter in which they are jointly Interested, such dispute shal] be referred to theSt ate Government whose decision shall be final and shall not be quest ioned in any Court. ", ' "",'

2 o , The Corporation may, subject tothe sanction of the State: Government. make rules as to-

(a) the time of.itsmee.tings"tpe business to betransacted at meetings and the period of notice of, meetings and the manner in which such notice shall be given; ',' r > :' " , ' ,

(b) .t he conduct and control of procec dings at meetirJgs, the due record,' 'of all discusston and dissents and the' adjournment of' meetings;

(d) \he divis ion of duties .mong il e Councillors and the powers to be exercised by the Councillors to whom particular dutiesare assigneu;

(e) the manner .of appointment and the const itut ion '01 committees and the regulation and .conduct of,their~"bubiness j and .", ""', ,(f) the delegation of poweI:s or duties.ro committees or to the Chairman of- a committee., ' ,

2 1. (I) No act done or proceedings taken under, this Act shall be questioned Oil , the ground merely of- '; , - :,: '., " ' , ' '

(a) th existence of any, vacancy in or any defect in the const itui ion of the Corporation or any standing, joint or-other. commit.tees or' any disqudification in lers than hclf of t h. ..Councillors or, members of the Commtu ce presc ntwhen the act or proce<.ding was done or taken;

(b) any 'defect or irregularity not .ffecting the merits of the ca5,e.

(2) Every meeting of the Corporatlon.cor any .of the stan9ing,joint or other comm,itte(s,(he minutes of (he proceedings of which have been duly ~igned by the penon pre~iding overthe.meeung, sball be deemed 10, have been duly convened and when the minutes arc confir- med at a subsequent meeting, shall be deemed to. be free Irom all defects and irregularitk s ,and Ihe accident al 'omission to serve notice of a'meeting on any Councillor shall not affect the v.Jidity of the n,eeting. ',,:," , ,,'., .. ,.:", "'11;",,, c;"':"';':' ; ,CHAPTER III. ; ,";

Municipal property 'and 'finance.

2 2. The Corporation may acquire by gift,' pur~has~'or i~lh~rwisea;'l h~ld property whether moveable OF lmmov able within or wh heur the limits of the Corporation and may alto sell or otherwlse dbFobC of such property in pur~uance oia resolutlon at a meetlng. '

c-:

, > ' , " ",,~~, "~' .; - :,""V 2 3. (I) All property w,i~hin ,the limits of the Corporation of the nature j " , hereinafter in this section specified. .other than property awned .o.r m"int"'nclr by the Central or the Siate Government or any-other local autharity.,~ "-'" ~;,> shall vest in and belong to the Corporation and shall, with all ot hcr pl"Operty of of whatsoever- nature or kind which may became vested in the Corporarlon, be under its dircctlon, management and control, that is to 5ay.,-

(a) all public streets and all things connected with or provided for such streets' ,

(b) all public channel, 'water cour~es, ~prings, tanks, reservoirs, cisterns , walls and other water-works, bridgcs, buildings and all other materials or things connected therewith; ,

(d) 'all sewage, rubbish andollensive matters dcposh cd an streets or collected by the Corporation from st rcct s , latrtncsvurinals, sewers, cess-pools and, other places j. ...

(e) all public lamps, lamp-posts and apperatus connected therewith or appertaining thercro ; and

(f) "II buildings erected by the Corporat ion andall lands, buildings or other property transferred to the Corporation or acquired by gift,' purchase or otherwise.

(2) The State Government may, "by not ificat ion , exclude any street, bridge, sewer or drain fram the operation of the Act 0.1' any specified provisions of this Act.

24.(1) The Corporation may enter into and perform any contract necessary far the purpos(' of this Act.

(2) Every contract nude on behalf of the' Corporat ion in rC>',pect of any sum exceeding five hundred rupees or which ~hall involve a value exceeding five hundred rupees shall be sanctioned by the Corporat ion at a mecting and shall be in writing and signed by at least two. Councillors, one of wham shall be the Chairman or Vice-Chairman and shal l be sealed with the Common seal of the Corporatlon and unless so executed, such contract shall not be binding, On the Corporat ion.

THE MUNICIPAL FUND.

val Fuud : 25. (I) There shall be one Municipal Fund held by the -Corporar lon in' trust Ior the purpase of this Act to which all sums rcalised or r cal isable under this Act and all sums otherwise received by the Corporation shall be credited.

(2) Unless the State Governrru nt otherwise directs, ClII sums received on account or the Municipal Fund shal] be paid into a Government Treasury or into any Ban k used as a Govcrnrnent Treasury and shall be credited to. an account to be callc d . the account of the Gangtok Municipal Corporation.

(3) All sums Irorn time to time credited to. d.1e Municipal Fund shal l be appllcd in payment of 011 sums, charges and costs necessary fur carrying aut the pUi'pOS~S, of rhls Act or of which payment is duly directed 01' sanctioned by or under :1ny of the provisions of this Act or payment of which is dh-ccccd or sanct lo nc d by t lc Corporation with the approval of the State Government, ' .

26. (I) At least two months before the close af the year, the Corporation shal l h:IV~ pre par cd a complete account of the actual and expected receipts and expendi- ture for that year together with a budget estimate of ihe inca me and expemlilure of the Corporation for the next year.

(2) When the budget has been passed at a meeting. the Coi-porar ion shall obtain the approval of the Stare Government and shall not incur :lny expenditure. except in accordance with the budget approved by the Stale .Goverument , "

(3) A revised or supplementary budgctmay be passed by the Corporat lon- in the course of the year and, if approved by the Srat c Govcrnmcnt , \ he Corpora- t ion may incur expenditure in accordance wilh the r-evised or suppl cmcntary budget. llI'lk~ rules: 27. 'The State Government may make rules;

(

(b) to regulate the keeping. checking and publ ication of accountsand periodical audit thereof; . . ... ' ..

(c) to regulate the preparation of the budget estimate including ,revjs~J or supplementary budget estimate and .t hc expen<.lit-lln: of maney' far purposes provided -t he re in ; ,. ,

(d) to provide for the retention.of adequate working and dasing balances;

(e) to regulate the preparation, submission and publication of returns, statements and reports by the Corporation and to presci i1./e registers 'arid forms; , '

(f) to determine the persons ·by whom orders for p;lyment Jf mone r&.f o/cltf

rsuoo :

Oil oj

',.

. '~ .

10 Impose Taxes:

.innuul value oj Hvldill8s:

P.~slricIiUIl Ull the lmposu iou oj rates:

Prr/,orllcioll oj value- tivl

Do!calllillurion oj per cell cage oj ra te oJ it;;/diIl9 &... pupa- UJI ion uj'usscssemen t

. List: . ('1i)

from the MunicipOlI' Fund 'mOlYbe~igne{ how ~~ch pOlyment~ shall be made and, bywhom receipts may be given j' • to provide for the supply of certified copies of municipal records to the public and the levy of fees for such supply.

CHAPTER ;IV. MUNIClPAL TAXATION, ~.'~.

~8. The Corporat ion may, Frorn t ime to time at a meeting convened expressly for the purpo'se, subject to the provision of the Act, impose wlthlnthc limits of the Corporation the following rates, taxes and fees or any of thern r- .

(a) a rate on holdings except holdings belonging to. Slate .and Central Government· situated within the limits of the Corporation assessed on their annual value j •

(b) a conservancy rate on the annual value of holdings j

(c) a Water-rate on the annual value of the holdings j

(d) a tax on trades, profession and callings;

(e) any other tax, rate or fees which the Corporation is empowered to impose under any law for the time being in force.

29. (I) The annual value of a holding shall be deemed to be the gross annual rental at which the holding may reasonal.le be expected to let ..

(2) If such gross annual rental cannot be easily estimated or ascertained, the annual value of such holding shall be deemed to be an amount which may be equal (0 but not exceeding seven and half percentum on the value of t he building or buildings on such holding at the time of assessment plus
(3) The value of any machinery or furniture which m:-.y be on a holoing skd,J not be taken into consideration in estiJ1l:lting the annual value of such holding, under this section

30. (I) The rat e on holdings shall not exceed fifteen p cr ccnt um on the annual value of holdings j .

(2) The Corporation at a meeting may, either wholly or part lally, exempt from the rate on holdings any holding which is used exclusively
(3) The Wolter rate shall not be levied at more than seven and half per centum and shall be imposed only on holdings within an area for the supply of water-to which the Corporation has made arrangements. "

(4) The conservancy rate shall not be levied at more than ten per centum On the annual value of the holdings and the Corporation shallmake arrangements for the cleansing of all latrines, urinals and cess-pools. A rebate of seventy-five per centum of the conservancy rate levied on a holding shall be allowed il' the holding is provided with necessary sanltary-t ype latrines in working order :\I)U with no service privy or service-lu·inal.. .

3 I .(I) When it has been decided to impose any rate to be' assessed on the annual value of holdings, the Corporation at a meeting shall nppoi:ll "'P assessor for the purpose who shall determine annualvalue of all buil~ing~ wi~hin the Cor porat ion and shall enter such value in a valuation list.' "", .

(2) A new valuation list shall unless otherwise ordered by the Slate Go~ernm~nt be prepared in the same manner once in every five years. "

32. (I) The Corporation at a meeting to be held before the close of the year next preceeding the year to which the rate will npply shall determine the percentage on the valuation of holdings at whicl- any rate on the annual vall1e·ot·holJings shall be levied and. the percentnge so fixed shall remain in force unt il t he Corpora- tion at a meeting shal l determine some other percentage on the valuation of hol- dings at which the rate will be levied from the beginning or the ncxtycar ,

(2) As soon as possible after the pel'Celltnge at which the rate or rates sh"ll be levied for the next yeal:has been dctermlnsd under sub-section (I), the CU1'].lUL1- t ion shall cause to be prepared. by the.assessor an ssessrncnt list, 'whkh ~h,,11 contain the follOWing part iculars and any other which the Corporat lon may think proper to include i- ',.. •

(a) the name and/or number and other particulars of the street in which the holding is situared ; .. '. ",: .: :'. --.". t ,

(b) the number of the holding on the. register ; ".,'

(c) a dcscrlpt ionof the holding; . . .

(d) the annual' value of the holdings;

(e) the name of the owner and occupier;

(f) the amount of rate payable for the year showing each rate separatcl y j (g.) the amount of quarterly instalment.

(g)

7

~~. ( -, 8"')' ~, '.- .,;:,\/, '. , .' ,-'~"J",' :'C:':",", !:,::. ,>,' " . . . ':~~

33. The Corporation 'at a mee'ting may for goodand$ufficient reasons recorded«, in writing, at any time, direct alteration or amendment of the assessm-=t list by revalueing or re-assessing' ~ny ,b~~lding." " ,". '. ":

(and altere-

(2) The Corporation at a meeting may reduce or remit the amount payable 'as rate or rates on account of any holding. If it is satisfied that the levy of such rate or rates would be productive of excessive hardship to the penon liable to pay the same,

H. (I) When the assessment list mentioned in section .32 has been prepared Or reviewed, the Chairman shall sign the same and shall cause it to be deposited in the office of the Corporation and shall also give notice of assessment to the owners and .occupiers in re~pect of their respective holdings.

(2) Any person who is dissatisfied with the' amount of assessment in respect of his holding or disputes his liability to be assessed, may apply to the Corporation to review the amount of assessment or valuation or to exempt him from the assessment of rate and such application shall be disposed of l,>ythe Corporation at a meeting or by any committee constituted and authcrised by the Corporal ion by a resolution" '

(3) No such appllcar ion shall be received after the expiration of 60 days Iiom the date of service of the notice under sub-section (I).

(4) An appeal against any decis ion under subsection (2) m'IY be filed wh lvin 30 days from the date of such decision before the District Officer within whose jurisdiction the Corporation is situated, and the decision on appeal shall be final and shall not be quesr ioned in any court.

Tax tv be paid 3S. (I) The rate or rates assess~d shall be payable by the owner in quarter] y instal- Quarla/y in advance &.. merits and every such instalment shall be due in the first day. of the. quarter in Ijvli,~ vfD.:malld: respect of which it is payable.

(2) As soon as may be after any sum has become du~ on account of any tax, rate or fee, the Corporation shall ceuse to be presented to the persons liable a' notice of demand in the prescribed form.

36. (I) If any person does not within sixt y days of the service of a notice of demand . under sub-section (2) of Section 3S POlY the sum due either at the office of the Corporation or to some person aui hor ised by the Corporation in this behalf or show sufficient cause for not paying the sarne , the amount of the arrear 'due ;dong with interest at the rate of twelve perceruum per annum and with costs, may, at any time be levied by distress and sale of any moveable property belonging io the defaulter except ploughs, plough-cattle, tools or implements of agriculture or trade. "'.' ,

(2) In the event of failure to recover th~ whole or any part of the sum due by distress and sale under sub-section (I), the Corporation may sue the person liable to pay the same in any Court of competent jUrisdiction.

37. When it has been determined that a tax shall be imposed on any profession, trade or callings, every person who exercises within the Corporation, either by himself or by an agent or representative any such profess ion, trade or calling shall take out a yearly licence and pay the tax as may be imposed by tbe Corporauon which shall be realised in quarterly instalments,

Power uJ,h~ Government 38. The State Government may by notification direct that the works as may 'oJ Jue c: Corporation be specified in the notification may be continued to be undertaken by the con- .

• oJ :,.,jk~ pUJmen t to (he cerned departments of the State Government within the limits of the Corporation' Deparunetit s oj the and that so long such works will be so eontinue d to be undert aken by the concerned .C;o\'crnlllent departments of the State Government, a portion of the taxes collected by the Corporation as may be fixed by the State Government shall be paid by the Cor- poration to the departments concerned.

••••••uioa of Notice

••.•,C'••(I<"t5 8t. L~IJb)' Distress &.. reallsat ion bJ ,'uit:

Ta x Oil profeSSion, TraJ.:s &. Calling: .... f..!

The State Government may make rules-

(a) 'prescribing the' qualifications of and the procedure to be followed by. an assessor appointed under this Act i .

(b) prescribing the procedure to be followed for reviewing assessments j

(c) prescribing the f~rm of notices of demand under sub-section .(2) of Section H and fixing the fees payable inconnection with djstre~s under this Act;

. ,,' . :,' -" '

8

~~i'tJh'a oj corporation 40 •~~

. W 1<1J out, make improve-

'"".:n IS of &.. close Pub lic ~·(~;'~?;~;~~.'{~~~:i~~~:;;~.... ,' ..

(d) prescribing theconditlons and llmltationsunder which a licence may be grante~for.,the purpose of.a tax on.trades, professions and callings;

(e) regulating any .other matter', relating to-tax; fees or'rates:in respect of which this Act makes no-provls ion or insufficient provision an d for which provision is~ in the opinion of the Stat e Government, necessary.

CHAPTER V.Streets.

The Corporation .In pursuance of a decision arr ivcd at a meeting tnay- ... ',I ':"~"~". ,," \~...' .

(a) layout neW streets, squares andgardens;

(b) . construct new bridges, causeways,culv,erts, and sub-ways ; .

(c) turn, divert or temporarily or permanently close any public square, street or garden;. .:

. (d) widen, OPen, enlarge or otherwise improve any public street, ~quare or garden j .

pass order regulating or prohibiting 'any description of traffic on any particular or .on public streets in general or preventing obstruction. encroachment· or excavation on or near 'such street or st:-cets. (c)

CHAPTERVI;

Duties oj corporation

for con servan cJ &.for

the removal afDrainose :

• • J Conservancy and Drainage. (41,) The Corporation shall provide for the removal-

(a) of sewage, rubbish and offensive matter's from all public latrines, urinals and drains and from 0111 public streets and other property vasted in the Corporation;

(b) if a conservancy-rate has been imp~sed under Section 28, of It w, g<::

and offensive matters from all private latrines, ur Inals and cesspools, 41.(1) The Corporation at a meeting may from time to time publish an order prescribing the hours within which only an owner or occup ier of ilny house or land may place rubbish or offensive matters, on the public street adjacent to his house or lands, in a proper receptacle provided by the Corporation in order that. such rubbish Or Q.ffensive matters maybe removed by the servants of the Corporation, .

(2) No person shall place or cause to beplaced rubbish or offensive matters on a public street at other than the times appointed and except in the receptacles provided for by the Corporation under. sub-section (1). . Corporatioll co prOVide Water Supply and Lighting.

',,'ala ""ppiy and USh,- .

CionJor sane-

+3.(1) It shai! be lawful for the Corporation-

(a) to provide a sufficient supply of water for the domest ic use of the inhabitants; .

(b) to cause the public streets to be sufficiently lighted.

(2) If a water-rate has been imposed under Section 28, the Corporation shall provide a sufficient supply of water for the domestic use of the inhabit<.nlS; If lighting-rate has, been imposed under sectlcn 28, the Corporation shall cause the public streets to be sufficiently lighted. . CHAPTER VlI.

Buildings.

. I

H. No piece of land shall be 'used as a site for the erection of a building and no building shall be erected otherwise than in accordance with the provision of this Chapter and of any rule or by-l •.w made urider this Act, relat ing to the USeof bull- ding sites or to the erection of buildings, as the case may ..be. " . . 45'. Every person who intends to erect a building shall first submit an applica- tion in the forms precribed to the Corporation together with such plcns, q)(.cifi. cations and other particulars as may be prc~cril.i(.d in any rule or by-law made in this behalf by the Corporation. .... , '. . '

Appoin ted Hours Jor

PlUcillij [ubbi sl, ere.

on Pub l ic stteet :

Jjuild; lI{j-sit es ~ ere c-

lion oJb uildins s : .

9

~~Uu(uliJIl UIlJ =e!» uJ permission to erect a Buildillg "~~

'~I'plica£ion oJA ct 10 .:JiL( I'ulivll ot addition 1.J builJill8,'

- "..--~:~':,~:~t~~~~:Y3~~;;;,'~?t~~~~~~~!?f$~;T~(~7~/::T~~~'~":~:\~';~t:,

46. (I) Within thirty daysqaft~g:~h;!receipt' of any application 'rr;aJ~, under' ~'e~~, section 45 or of any inlormatfon or.documents, .which the Corporation may rea- sonably require, the applicant-to Furnish before deciding whe rher permission", (all be granted to execute any work under the aforesaid section, .thc Corporar ion shal ( by written order, e lther=-e ':~' , , "

(a) grant per~lissio~~'~~~dii:io~all/, ~/ unconditlonally "'to execute , the work, or, '

: ""'. . . .

r , ", "

(b) refuse permissiion .on the,ground that the plans, specifications and other particulars are not inconformity with the, rules or by-laws made in this behalf or that the proposed building is likely to affect the safety of the site or its adjoining area or privilege, safety or sanitation of any nelghbou: ing b!.lilding or buildings or of the Iqcality.

(2) When the Corporation grants permission conditionally under clause (a) of sub-sect ion (I), it may in regard thereto impose such conditions, consistent with this Act, as it may think fit. ' , , ,

(3) The decision of the Corporation in the matter of granting or not granting the permission as stated above shall be final and shall not be questioned in any Court, 47.(1) A permission to erect a building granted under Section 46 shall, unless it is renewed on an, application made" to the Corporat lorr for this only for two years after, the 'date on which it is granted, unless the work of erection has been icommencedjwithin that perlod but in any case shall not continue for a period longe~ than thr~,~, y~ars from the said date unless , it is so renewed. r '

" ,

(2) Any person who erects a building or continues the work of erection of a building, when the permi~sion granted therefor has expired, shall be deemed to erect such building or to continue such work without sanction. ,,', , " , ,

48. (I) Th~ provisions of this Chapter and~ny' ;'ul~s' or by-laws made under this Act rebting to the erection of buildings, shall also apply to every materia'[ alterations of or additions to, any buil<~illg, but shall not apply to necessary repairs not involving any of the works which constitute a material alteration or addition. / '

(2) An alteration or addition in' or to a buildirig shall; for the purpose of this Chapter and of any rule or by-laws made under this Act, be deemed to be material if- ., , "

(a) it increases or diminishes the height of, the area covered by or the cubical capacity of the building or any part thereof j or , , ' it affects oris likely (0 affecrprcjudiciall y the stability or safety of the building or the condition of'the building in respect of dr1" , ", , ,',,' , , ",. "

it converts into a place Ior human habitation a bUilding or part of a building originally constructed for other pur~oses; or it is an alteration or addition declared by any rule Or by-laws n1
in this behalfto be a.material alteration or addition.'." ""', ' . (b)

(c)

(d)

(3) If any question arises as to whether a:ny addilion9r al'te,:~tion is ,nscesspry repairs not alTecling the position, safety', stability, use, sanitary condition or dirncn- slonof a building or room, such question shall be referred to the Corporatlon at a meeting and the decision of theCorporat ion shall be final. I, ' . 49.. If any.building or part of pny,huilding has been commenced or .cons- tructcd not in' conformity with the provlsicns of this Chapter or any rules or, by- laws made in relation to buildings, the Corporation may, in addition to any prose- cution that may be instituted under this Act, apply to a Magi~trate and the MagiS- tratc n,ay order such building or such portion thereof as the case may be to be de- molished after giving the owner of'suchbuilding an opportunity ~fbcing heard and of adducing evidence, if he is satisfied that the building or the portion thereof is affecting or is likely to affe~t the health or comfort of the owner 01' occupier of any other building or the sanitation of the safety of any other building,o}" the site or has encroached upon any public street,

50.' The Corporatlcn may.make l"uies relating tosu~mJs~ion an4dbp~s~1 of ,ilpp IIcatib,ns, for and plans specifications and other matter .In respect of building and any other matter which it may deem necessary for carrying out the provisions of this Chapter.

. ,-' ^.;'^;.

10

·,\ , Procedsu« ill case oj builJill8s deemed u~flt fur IlL/WUII liabitation,

(2) If the owper .

(I) the Corporation shall U,\c:..~Up~1 .Incurrcd therefor from the arrear. of r~,te'H~Y~b.l~'u~de~: .

52. (I) If, for any ~easo~,~ny U"'!\J''')~·.,Vl:' used as, a dwelling pla9~," . ,,',.__"._,"'"

tion, the Corporation '"

ding to make such

in order tornake

;:.....';.}·(,~j,~1.

(1) If it appears to.'tne:"\,;!:>rFlor.~ti(~n'.l;h~,~iVl~,;,!~~J,!~il[lg,lp~~~llQJ?, Q;"r,~r~fl\}r~~lj~~;J! habitation,;and,that tnenecessar

render it so fit;:

use of such building

as in the op inion of

human habitation)' ,:, ..

. ;:,~ '":.~.kf"~"'"

53. . No~wlthstanding .. Co rpora t'lonthat immediate 'a,:ti()n~j~"ne'cc ssar m lnerrt danger.to,:~rson; or»

structures or .nnyth~g

r-: .

I'ra~cilloll oj danacr

/rolll vuillour buHdin8s

,IC.

.' 54: (I )~'Nope~;~tr as n1ilYbe' fiXeQ;'~yI.I1t:r:'·v~.rIl'vnll!I.\l1~t:a(m(:~t:fn~:"~lim!~l:l~.:.a.·I.lp~:nC:'!;Jl,,~,I;1l porOltion (which sha~~he. renewauie

name! y ; . •.':~,;?::;:.:~:';'~~~:,.;',:):, •..

'...) .\

11

~~":. - <,.~,:~7:1:!) , ':~;::~f~'ti;t~~~0~~;:(}!:',\f\:;,:;,::,\'~:::;~;:::iifr::~~,~~

(i) J~r t~e slaug~~e~,p;.,~~~lS~or (or,the '~~iimiIigor~cH§einbowelling of animals f~r,'purp'ose~"other than human consumption; ,,' , , Provide,~ t~~;tlii~',flause, s~!1llnot app ly'~o'slaughter~f .~nj~~~•.•,'or a bunafiderehglO!Js'purpose' or on a ceremonlal.occaslon Of' :' •. ;' .. (ii) for storing,hides""horns'or or'i' 1,:,,) " "'.' ,: 'L ':" 1.°" ",. • . .,',.., . (Hi) for boilling or storing o~al, blood, bones or rags; or

(Iv) for melting tallow;' or ' =:' ,-," " .,

(v) for tanning or. for the manufacture of leather goods; or

(vi) for oil-boiling' or', ';,', ' " : " "

(vii) for soap maki~g; or,":" ;"': <,' '. ", : '

(viii) for 'burning or baking bricks, pottery,. or.Iime. whether for trade or private purposes ;,.or, \j.. "", "

(ix) as a depot for trade' 'in 'coal or. coke; or I'" ', _, "< - ',_ :)~ ~.. ~ ; '."

(x) for storing kerosene, ,petroleuhl,naptha, or any Inflammable oil or

(xi) 7o~~~~d~~g in:'()~ st~;i~~ fo~:othei' tha~ his own'd~~lest;~~se, 'hay, straw, wood thatching grass, jute ,or other, dangerously inflamabie materials. "

H. No dairyman, milkman or stable-keeper shall keep cat t le , ponies, horses or other four-footed animals for .the purpose of trade or business except in a place licenced by the Corporation. ,'.: ,';< '

C(J~JiCJonsJor keepin8 56.(1) Within such limits as the Corporation at a meeting may direct, no person }'i8s, SliL'~f' and Goats: shall keep pigs or in any place more than twenty. sheep or twenty goats without a:

llccnce [rom the Corporation which shall be renewable annually,

(2) The Corporation, at a meeting.'may charge an annual fee nO,t exceeding two rllpee for such licence and in respect of such licence may impose such 'condi- tions a to fencing, rainage, pavI!1g, cl,eansing and other. matters for the regula- tion of such places as the Corporation may deem fit., '. '"

, power to make By- S]. The Corporation may make bye-laws regulating places used for offensive ,'law re8ulacill8 places or dal}gerous trades. ' " ' , ",

used jar ojfwSiY~ trades, r- ';,'

. , ,

Lice» sill8Ivr keepin8 caul< &. Horses ere. CHA}JT£.R :x:., Fairs and Melas~ , "

58. The Corporation at ~meeting ~y require the owner or lessee of a fair or mela or an owner or a lessee-of landIntending to hold' a fair or mela thereon, to obtain a licence in this behalf from the Corporation on such terms and condi- tions and on payment or such fee as may be prescribed.

59. The State' Government may make rules regulating the granting of licences for holding fairs and melas and fixing the fees in respe~t thereof. '. ' CHAPTER 'XI.

Power oj Corporal ion

to 8 rail t licences Jor

Fairs or l..tdas.

J{ulesIor Faits &.

,1/,ILl S

Market and Slaughter' Place~'

The Corporation at a meeting may

(a) construct, purchase, or take on lease or otherwise acquire any land . or building for the purpose of establishing a mincipal market or muni-, cipal slaughter-house' or municipal stock-yards or of extending .or' improving any existing municipal market, municipal' slaughter-house or municipal stock-yard, and, .": , ;",.;:,' ,

(b) from time to time build and ~;:liJ1tail';5Uchmunlclpal markets, muni- cipal"slaughter-house and municipal stock-yards and such stalls; shops, sheds,pens and other buildings or conveniences for the use of persons carrying on trade or business in or frequenting such markets, slaugh- ter-house or stock-yards and charge rents, tolls and fees for the right to expose goods for sale in such market and for the, Useof shopsvstalls, slaughter-houses; stock-yards and standings therein.' ',I ". ,i;'.,:':' '0 close MuniCipal 61. The Corporation at a ~ee'ti~g~y', at ~riytim~, inth~'interest~fpubli'c, temporarily or permanently, close any municipal ~rket, x;nunicipa,l,s,laughter- house, or municipal stock-yard or, a!ly portion thereof.' , :'" -. ,I, ,;", '::" "'," • "

. , f 1- ,,"... \' I • • ,l," ~;..'" ". t. • ; ~ ., .;

,: .

,) .. r, J'owa ro ['rvyjde and 60. maincain municipal mar- kets, sla uahccr-houses and slOck-fcuds;

•• ^.^_"'-^.•:,^,f'. 1,;.- _ ~

12

~~oJ use oj 1 market Pvwc r to permit 'opening or running oj private market:~~

LillccilCina oJprivate siallgill er-liouscs and pfu/dbilioll :

Duration 'oJ Linccnce:

Kestro ui oJlnjcction -..I.-

-··~~rCi:;:~~~i.:P~~~~:WT>;:~~¥r;'".~".;~ -

. "p ';10 {.~~~,.-,.) '.,"'- . ),,(1.- I: -"'I':'

" '> ."~>, -.,~Y·,1":J,~{(;~,f,~~;:·<,,,,, , tOr/;,,:";." :~·t·;:O:':~ ~ "

62. No person 'slla!J,":without the.ipermlsston- o£;"the~i-'Corporation, sell or expose for saleariylivitig-thing or any article within a municipal market. v

63. If the Corpotation publishes an order: in this behalfj.uoperson.shall estab- lish a new pr-Ivate ,n,1a,rketors.cont inue to-Tun,any- existing.private,~arkct,. for the purpose of sale or ,exposing for sale any .art icle of human food except with the sanction of the,So[porati~n;:l1d jr .conformlty wit4. t~~ i terms, ioC~!iccnce granted by the C<:>rpo~ation:r::'\:;,'. :: .,':, .' . :<, ,~.' "!." " Y\'

6<\-.(1) The Corporation may, 'subject" to such terms andco'nditions as n1;1y be prescribed, gran~ and withdraw licences for the use of any premises for the salughtcl' of animals for the sale of their flesh for human consumption.

(2) No person shall slaughter any animal for the sale of its flesh for human consumption within the Corporation ,at any place ot her than a rnuniclpal 'slaughter- house or a slaughter~house licenced under.' sub-section (I); , 6s. Every licence granted under. this Chapter shall be in force unt il th~ end of the year during which it is granted;

,I ! ^.0

CHAPTER XII. .

Restrain of.Infection, ~. I

66. The Corporation may make by-iaws'for the effectivecorurol, restraint and prevention of any dangerous disease and in part.lcular and' without-prejudice to the generality of the f9regiong power, the ,Corporation may," arid when required by the Slate Government; shall make by-Iaws'regulating the following mattcrs :

(a) the restraint, segregation and isolation of persons sufferjng from any dangerous or, l ikely to suffer from any' .derigcr0l!~' ,d\,~a~< owing to exposure. to infection or contagion; . ."

(b) the removal, disinfection anddest;uction' o(p,er~~n~1 efr(ct~, goods and other property and disinfection .of houses exposed to infection or contagion; .' . ,

• .' '. , , • ~., • I • ! .• ~. t.• '

(c) the removal to hospital and the.treatment of persons suffering from any dangerous disease or likely LO buffer from any such disease, owing' .to exposur~ to, ..inf~.Fl!,on~.r 50~tagi?r; '). " ,C d " C,"

. (d) the speedy b.uria.l or,' crernatjon ~r.~I~~.bcdles of, persons ~ho have ,',died from any-d,;:.ngerousdhea~e;. "'., .-,'. ";.:",,,; ,·, .....~, ...,C •

(e) house to house visiting and .inspect ionj- . ; ,. ,;"".' v ,

(f) the promotion of cleanliness,' ~entilati(1I1 and- disinfection;':"

-.(g) th~'.d~l'ie~ a~dresponsibilitics·jn re~pc~t'o{}'I~c" h~ycnfion and notificatio~" of any, ,~ng;;rous, dj~ease j : - , - - '>i ' l'

(h) the duties and responsibll ltles of .parent~ or, guardians' in respec.:t to their school going children, who arc buffering or have recently suffered from any.dangerous disease 01' have been exposed to infection or contagion and the duties and respons ibilitles 01 persons ,in:~harge of schools in respect of such children; '. .'., '. " .: '.. ,

(J) the prevention of the spread from any animal, or the :farcas,ses or product of any animal, to man, of rabies, glanders, amhrax,pIOlguc, tubercolosfs, trichlnosis, 'or any other diseaseccmmunicable to man by any. animal or, the carcass or product of any animal j' '. .

(j) , the prevention 'of' lh~ sprc~d' and the eradication' of 'maiai-la, the destruction of mosquitoes an~ th,e r emovc l or 'cbace nicri; of condition permitting or.favouring the, multiplication or prevalence 'of rnosqui- toes; '.' . .' -: . .

(Ie) thep;revention :of the .spread 'of diseases by-flie; or otherTnsects and the destruction .of such insects; and the removal'ior 'abatement of conditions pei'milting or favoUring the prevalenc« or' 'n1ultiplication of such insects; .. . ' ," .' , '., .'.'!

0(1) the destruction of rodents and o'ther verrnins and the removal or , abatement' of conditions permitting or tavoul'ing: the,'harbourage or or .multiplication thereof; .' ,f' . '." .

(m)' the prevention of the spread .of ~~y da~gerous disease by the carrying on of any business, trade or occupation; _.' , . ,,' .., 'l' '

13

·~~.'~.:7~;f"~'=S~:;~~~~~J.:IS;S;r?Pr . ~"e- , c" '. ijr,~01~~'}'~-" .: '\ the . regulation~f, ~g~flo~k~inanufact~re, an~; thel ~raqel~ .rags., in" ..... ,~1::/t·~:!~'t·' ;':.:';":., bones and In sefond~ran.~ c!othi,ng, beddlngsor anysi~i1aralt ...:...-e,,' ..•. : ~.. '\ and ,~he.. requfring,:,o£.;f~Y'i.~,uS~'Fticlf' t9, ,.be".dis}nfe~t.~di.bcfor~·it.~. .• .: t'j' •. importation, reIll.,ovilJ;;~a,1,~,or.~xp9sur~.fqrsalei9r. useJn!lnY-n1anufac-:;:''''· .. :~:i~s;::::;~l.~~;·::~i~:e ,!~w~ste\:t~t:~ Or "::he'r :~t~~r,ort~';~g,' "', , ", which has been contaminated with or exposed to infection or cont~glon\ I

(p) ::!;ulsory . vaCCina'ti~~g ~n~~Sation.o'r their rmeasure~,jn"resp¢ct'l;{; , 'j! :e~:~~~~~ residing ~it~~~~~5o?~ra~i~n and such other reve.~t.iv~,,,; ;\,~ I 'oJ \ •. ,'. i, ....,; j

"f.\ j ~ .'; :. " , ... ,'"

',1- •..,: ~ ~~.-' •• j . !

(11)

(0)

CHAPTER XIII; r Nulsance,« :. 6, .(1) The powers conferred bythe Chapter shall beIn addition and not in derogation of any powers conferred by th,e,?ther p·r.osion.sofrhls Act. ': v , , \ " f 1 ,;." - ••..~.r "', '.,.j ~.•...' L" • ", I· . , , .

(2) (a) the condition' of- ... ..

(i) any premises or par.t thereofjof-such a-conatruct ion or in such a sF.ate· ,\ or so situated or so dirty as ,to be a cause of annoyance to 'th'elinmatcs' . thereof, the neighbours' or the public or injurious or dargerous to health or unsafe, including places infected by; or. providing haunts for', :01- , .mosqultoes ormosquiro-Iarvae, flies or £lymaggo~s, hookworm larvae' ;'.,, or ova, or rats .or other noxlousanlmals on.Insects and thereby liable' ..:

to favoul'.thespreaq·of;infectious:disease; ;,·t:,":,: ".;.;'~.i).h " \"'. >' .;; r::;";.! '~':t'/ '"'~>,:-''' '}i!.,~· ';'~/'~\ -., T",-:.,~-;;,~r,:·'

(ii) any· street, tank, pool,.,ditch, gutter, "water 'course,' sink,.::cistern,·· \ .. water-closet, ', earth-closet, privy, :ur,inal, cess-pool, ·.drain",dung.p it; .11';:

or ash-pit . so foul or; in.such a stateaor so sttuated-as.to .be. acause . '. '. of annoyanCe. to. the.il1lT\3te~ of the p~~mise:s,:the ~eighboul'sor the > ""r, -publtc, ..orJnjurfous or dangerous to health ;';)< i.' .' , .. ' f. . .'

(iii) any premises by reason of abandonment. of. disputed. ownership or ","" . for anyother reason unoccupied·and\thereby.become a .resort ol·idle·.,,\~ and disor~~rly :pers~nd ',.' ' .••:: '..';'!'''''i'/~ i.·.'-,r, ,"" (~ .:1.;'.,1. •.,; l'

(iv) any school.Tactoryv-workshop or other trade premises so unclean as':

to be. ~ ;~allseof:annoyanc,e .t03Jhe ;JIJmates •...the.\neighboul's. or. the' ;~;\.\i.:

publlc.or Injurious to health, or not S9venrflatedas to render harmless," -c:

as far 'Is .pracncable.. al~.gases',. vapours,. dust or"other.'impurities'··';'·;;·1 generated in the course' oft~e .wcrk.carrled -on'-therein, that are. a ,;r:t.:· .cause of annoyance to...~h<:inmates.jthe neig~bours.or{th~,public.ol"' : 11". . _.

. injuri9,us to. health, or 50 pvercrowded as to bejnj.ur~ous t .\<\1 . · of the persons therein:t:ngaged.or .employed.r.or 'not provided with, .. ,' · su~cient and suitable privy or urinal accomcdation j . " .'.

(v) any offensive trade or business so carr-ied on as tci be injurious .to health Or offenstve.tc.the.publlc ;...~,.:;. ·.,r':· .•. :,· :. i ."'....\ '~..,\ :.,' • fl" 'I' -"1·,'"

(vi) any well; tank or ,othe~wate~-s~pp lt~~~~u~iousor dangerous to healthj:'" .

(vii) any stable, cowsred'.o~ other bijildi!lg 'or .t;m;lo~urein. whlcl' ,aClY '. animal or animals are kept il!~such,~ mann~r'oJ~nsucp~urT\be.rs as (.' .l, to be a 'cause of annoyance ~o.the inmates of the, premis~~, .th~,,ne,igh:, 'c , hours orrhe publico,r)~j~~iou~,_or., <4n~~f'opst?l:le*~,;, ..~" :"":" " ..,,,. (,iii) any burial or burning-ground which in.~he opinion 'Ofthe Corporatlon' ' is injurious .01' ~nger0u.s oflj,~ely to be il,ljuriP'f~.9;r.,9.a.~gerou~.tq ",~~ .hffltf,. ~~ pers~s l,ivingi~~~.~~.:~~j~~J??';lr~og~l;;~~:'~~'~~e\Pl,lpp~.o.\;'~;;~i .. '. , ",0 ~~~1~1~~.,tos~:. ~e!s.~~~!..i;~·"~';:;~:'I.~J~,t~~{\:/;," ,:·i·"d;:{··',!,~'·-t:.~~,'t:;.~.;~::' , ." .~:r\L~":

(i~)" any' ac~,~?lati?~ .:or ·dept: v~ge-.)' :i.:;.

",:';, .~rbles ..,pr. a':'lp1al ,~ef,usc;,..' ~V.hl~hps,,'9ffeqslv~:to,,\t.be,;'l'\t:lghbQ~r,~,.9r:~,,~,>·;,; .' r , to the p~pp<;:,.9.f inj\!ri9.~s.'~r ,danger'?us, ;;t,o,health:;()r',!lny,·,4i!pq~iti,qt:h{"n; ,.' offensive matter, refuse oroffal.or pi;lnure withi~ fiftyyar~sof;lnJ' .

\ p\lbll~\ .~tl·eet, wher\e.e~er\\:~~~~~,c~i'.~~~:');i·,':i~;';::i:-~1',".":,,:idi~j·;.~i('k.i./.

(b) any ':lct; ~miis~io~, <;ol,l~itklUpF.'t~jI;lgw.hic~.,.th~/$tateh'.GovcrriIl'icnt . by shall declare to be a nuisal1(;e,qr~which after due inquiry by the Cor-.. , \1 \-.{',I; 'l" t •.\ -c, {\. '.:T .~~\.: ~" :~.'. ';-r '~.\. \.:~ "j ;~' ! ~·'H:).~ 'l ,)1

" , , 1:;_'

;: i· -:.. ,

.,

!, ·1^.¹

.... , I

I

1 .\ ! I ,,1 I ~~,,'. , , ~- .' .

14

111 sp' cuoa jor as" rtain- inB o.isten ell oj nui- ~a/lC~:

lIuisanc' :

Procedure in case pmons j(Jil to compI.! «ii]: notice

••••

(a) Where th,e I!-uisance;ari~es 'fro~ any w~nt or~er~~t .:~f~)tr~ctur<\l character, or where 7hC,\buV~}pg or,~r,ep1is,es: O)l'C;~nocc~pie~, ,the notice shall be served on the owner j", ' , '

(b), 'Where the ~uthor of the nuisance cannot be f~und and it is clear

" that the nuisan ce ,d~esl not af is,e' or bon t'iIJue ' by:the'~6t < or., ~cf';~l t ' ',1' or' sufferance of the owner or 'occuplerof the 'bu~lding or 'pren~ise~; -'the Corporation may remove the same and maY do' what: is I\ec~ssary' to prevent ~he reco/r~n'ce th~;eof.' ,"',' \." "" '::/' "

7 i(I) If the person on, ~ho~ a',~notic~ t'o ~~mo,~~'a'n~i~ance has' ~e~ri~~x:~e~ under section 70 failS,to comply with any of the requirements thereof within"

the time specified, or if the nuisance, altl>ough removedsjnce the ,se~Yice.of the "

notice, i~ in the opinion of tl e Ccrporatlon likely to recur: ,?nt'hcsa'.n,e ::preinises' .• shall cause a complaint relating to such nuisance to be made beror~a 'Magistrat~., and such Magistrate shall thereupon issue a summons requiring tbe person ori,whqm the notice -was served to appear before him:' ',': .. ~,~;, ~')\':.o",,"':"':'

. . . " , _' , . . , . !\;'I" :;;~, 't',.:: _ " \-,~~ - l' ;(',: )'I ,'-"

(2) .lf the,Magis~rate is s~tis.Iiedtha_ttheallegecI,m~isaru~e'e~i,~~s'fqrth~~~;,a)t~o~gh removed.Ir is likely to recur on the same premises, he shall make;-,"', " '

(a) on the a~th~r thereof, or the cwner or 'occupi~r,~rthe'pi'emises, ~~ tho case 11140y be, an order requ\ling hlmto comply w.ith all or .any ,

. I ~'~ \. .

.," ;~ '"I

r •..• . ;. ..:; ~,

,,' ; .. :

I

, >,,' ".",'.t';i"",~, '",:, i"l" , " I ,,"C', '":,, ""t~~I,:~~:'~:::,,~t;",,:" poration, o~':tpe :;.co~pJajItLof,two ,or ~~ore ,per~o~sr,esidiI1g;in, the ~eighb(>urhoopAs [o,~~;~}'th~,C~rporationto ,~ea~au,~.e'ofannoyance' to the nelghboHl'~ ?r}~;Jhe in~tesof the pr~cmlses ~ffecte9 cr to the publtc ~r t~.~e;.danger9us Or injurious to health j ,"

shall be deemed to'be, a: nuisance liable to be dealt with under the provisions of,this"Chapter: ' ' ,'f"" ,;,,' ,

, ,,;, ,,' " ',,' \ ". ,

Provided that no nuisance' shall be deemedto have been committed in respect of any ac~u~uJadon or deposit nece~sar,y for the effectual' carrying on of anybu~ines:i, trade ~r manufa~ture,if~t '~e pro,vedto the satisfaction of the Court that the, accumulation or deposit has not been kept longer than is necessary for the purpose of the business, trade or, manufacture, and that the best, available means have .been taken for preventinginJury' oidilDger thereby, to t~e p,ubl,ic'health.-, 68.(1) The Corporation 'shall cause to be made from time to time'inspection with a view to ascertain what nuisance exist calling for removal under the powers of this Act, and shall enforce so far as possible the provisions of this Act in order to remove the same, and otherwise, put iI) force the powers vested in.theCorpora- t ion. relating to public' health.i so, as to secure the proper sanitary condition of all premises within the Corporation. '::<::", ' "!:'c

(2) .. If the Corporation or a Healt h.Officer or a Sanitary Inspector hils reasona- ble grounds for bellevlng that a 'nuisance exists in a~y premises, the Corporation' may order' of such officer may makean infection of 'suchpremises at any hour, when the operations suspected: to cause nuisance are believed to .be in progress or are usually carried on .or when the, special conditions suspected to cause. the, nuisance-are believed to exist~,iand:,ma{cause'such' work to bedoncoas ,may' be ' necessary for an effectual examination of., the said premises,' Including the ,opening of. the ground or surfacej.where necessary, and the testing of.rhe ' drains., ,

(3) Wberethe ground or surfacehas beenopened-andnonuisance.Is found to,' exist, the Corporation shall restorethe premises at their own cost, ,""'" ):'1:

,Hunicipal Ojficer to 8ire 69. .lnform.ition of any nuisance .under: ,.this Chapter ' m.;y be given to :the il!!vflilalioll as to nui- Corporation by any .personand every officer of the' Corporation/shill! ' bring $Ull ce : the existence of i\ny nuisance.to the notice .of,the, .carp9rO)tiAn~pr:9us,e ,ir;toJx:

brought to the notice of,the::Yorporati(m. "c,:~: ,L,',;,.,;<.c"Lh.'o\'" :i'

70. The Corporation, .If satisfied of the existence of anulsance, shall serve a no- ' not ice on the author of the, nuisance or if he cannot be found, then on the owner occup ier of the buildi,~g or premises on which the nuisance arises or conr lnues, ; requiring him to remove it within the ,time speclfied in treno'tice and to execute ..' such, works and do such things as may be necessary .for that purpose, and if the Corporation thinks it, desirable (but nototherwtse) spe9if)'ingaI)oy,~01',k,tt.? i~ executed to preTent a reccurencecf the ,said nulsa,nce,;", " ..,' i)'i,;, .>. Provided that..;... , ' , , ' ."

\" ,.... • '1. ~ '4

.".

15

~~Maaistrate may order local auehority to exe- cute worl.: in certain C(JS':S.~~

. , ^Provirioll^s'oJplace^co^be^Used^asburial 8l()l;/lJS.

• Reaist ralion oj birth uJlJ ,,:~ueh.

OJJ~I1ce puu isbcble wit], jto«.

SuJi "Ciull ullJ limita- tioIlJor prosecution.

••

, {.

" of the requh:~iP~ri,'t;"of~~~nod~e'or otherwis e 0' ~emovc the n~i~~'m:c"
, ;,.within ,a time.specffied.In theorderandtc-do any works nccesa •.r' for, , . i. that,purpt_~,\::

(b) an order on'the Co~pora~ion:~lirectkg them (0 remoY,eor, pre;.'~n'qh~:.c, 're,currence, qf It~e, n~isa~s~,:~i: ,~oth, at j he expense,' of ~~e,aulh?~ i' tl-ei eof or theowner or occu,Pier oftl-e prenmes, on as t he case may be. "

(3) Before making (lny 9rdeT,tl>dviagistra~e may, if he rhlr-ks fit, ,adjourn the hearing or further r.e,aring of the, .caseantil a!l inspection, in\'estig~tion 01' analysis' in respect of the nuisance alleged has beenjmaqebr some 'competent person. '

. . ,.... ..... '., . ':

(4) Any costs incurred by the Corporation in executing an order of the magi~-'"

tra te under clause (b) of sub-section (2) shallhe,payabl~ on demand, and.il not pcld- on demand, may be,recovered by .dlstress and sale of the moveable propcrt y oJ:the defaulter. "

79. Whenever It appears to the's~tisf~ctjon'~f the Magistra!e; that 'the'~~th~r of the nuisance or that the owner ,9r :c?ccupie~>ef,the.'prt:n,1ises is not known or cannot be found, the Mi\gistrate:may,a~.opce,order the. Corporation to execute the works thereby directed and the cost of executing the same shall be payable by the person liable, if subsequently fou~~,_and if'not paid on demand within fifteen days from the date of executiori'of the work, 'may be r ecover ed by , distr~ss and sale ,: ' of the moveable ~rope~ty of the defaulter; if known. " " ' :' ' ,; , ~(. c.

CHAPTER XIV

'Places for disposal of the Deadand R~gistrationofBirths and Death~i

73. The Corporation at ~ meeti~g~~yfrom time to. time cut 'of. ~heMu;1i~';', ciapal Fund with the sanction ef the State GovernTj1entprovidcs fitting places , ' either within or without the limits of Corporation to be used as burial grounus Or -' burning grounds .and may impose such fee as may be fixed dythe Corporation at :

a meeting with the approval of the -State Government 'in respect of every corpse "j burried or burnt within such burial 'or burning grounds.,:; ',',,' ',:-,c

74. The Corporation, ifrequired bythe State G~vernment to do so,' shall ata '. meeting provide fer the registratfcn of births and deaths within the limit of the Corporation and for the issue of certtficates of birth and deaths, ' , , "" CHAPTER .xv ", ',;"-,' ", , '" '" ,.<1,' ';

, r.',· :. h'·" ~ ..J, ,.I'~' • J ", •.'::~ .:"

.Penal tles and Mis~iianeo~s.":'i" ,: '", ' ..•

" .' .,' '";-,:L _•..... ,.,,~.; ,.\."?,.:-~!.;.;\"'.::\.\ ~ll"":'.'~> .. ·' r,o_,' .;.~·j'I,."i.·,;~';'·:

75. Whosoever commits ,a~y():ffc~se,;by: ~()J.1~r~v,~ni,ng()rfa,i,ling'to, cornp'[ywith, ':

any provisiop 'of this Act or,;ru,\cs, ()rbY,-,\l\W,S~<;l.,~,t_he~~upcler9! ilny,cijl'eq.iOI) ,,"~ lawfully giventohim or-any r~quisit,ionla)VfullyIl)a4e ,upon hip. .under anypr()vi,.:; sion of this Act or niles orby-laws made thereunder , shal] be pl!nished 'Yith fine < which may extend to five huno/<;d rupees,:., , ' " ','

and if such offence cont inues in its nature, to further fine \which mlly .ex- tend to fifty rupees for each day durjnfpvhich the offence is continued after the first day. ,'_, ,~'! ' "

76, No prosecution (or an.eff~nc~ under this Act or anyrulesor by-laws ,',"~' made in pursuac.e thereof shall be Insuuued without the order or consent of the' Corporation arid no such prosecution sI:a.11beInstltured except, ~!th!n s~,x,months., next after the commlssion of the offence" unless the offence is of continuous in its' nature, in whichc,!-se of p;os~c:~ti~nmay':b~'insqtul~d. ~i~h'~~s.Ii ~6n~4~ ;of ~11~,"

dat~ on w

f

hhiCht~~ 5()n:m~ss!Q.~or,ex!~t~'}~~ of the, offence wastit:5t,,9r,o,ught lothe notice 0 t e Chairman, "

r : <. • '1';: ';" .'} :.: '\~".:i :'; . , ,

77 ,( I) No. Suit or other legal ~proceedlngs shall be brought against the Corpora; tion or the: Councillors or a~y of ihe agen,t~',ofE,cers or scrvr.nt s of tile Corporal jon', or any person acting under it sor their dtr.ection', fC?rany act purporting lo be done' , under this Act or any rules or by-laws rn,aa~thereunder, unt il the exp irat ion or one - month next after notice in writing is served on the Corporation or tbe Councillor or such agent, officer or, servant or, personacnng under its or their direction, as' ,-

"".'

16

~~". '~ff.t;';"'F(~~;;:~::ij£:::~<'t.: ::~;~;T·' '. . ,,''';'r .:(",c;:)Ml:'N,\)'"~~

. ·:;:·\hi.;;~)~\;·t,t;"e"'; . . . ," ., , ' ' ..' '" _ the sc~~~'ma~be, st~ting th~:~~iis~:pXactio~~~d\:,h,<~m~ ~'a~;d~{Jla~~,;,;i.~O,9C°nh~:.· '" ,pers()!} w~~;}n~~~~;,t~, :~~J~~J~e~f.~J~,ef,~f:,?f.~e,~,~~g;,~~~; f~:l~!~e~,;:~}~~P}~.~:;,,·,:;;. , '", ('2 ) Ever'ysuch suit;oi;,pr,
•. after the accrual of .cause'Qf'ac;:ti~na~d.not ;i.fter:W<,lrd~!.,\"'j.';',\ •.••, ,. ,-,.. ' \

• ' _,I. "l.,.' .~.• ,' .~":( ~'t~)',~~f:> ",.~: ":-'..l.'~(~~ ~ _, .,1) 1,·••".•d~) "'r/,,-I,.,-,I>"'1 '''',1. , ~ Corporation to provide 78.. TheCqrpcm\tjon shag,·~~~.~oqn\l,S.possi?,l~,ta~~~tep:(f~!· ;J)~~·,wn.~truc- P.lJ b Ii cUr inoIs and .. tion of public uri,nalSan~, latrine~at)uc~ pla~~s a~ ~h~.FOI;P'~~'!-ft.~?~~ ~~~e~:l'\~.fit Latrin es, and shall make m,ces,sary al'1"a~g~~~N~.for~~,~I!:pJ'0p,~r,£}~an~~ng:aBq.,~J,~!nf~9!.J.on., Licen ciJl8 oj ce~tajn~~. T:: Corp~ratj9n~r;,~~tf5~~Jf:~Y:t~~S_,~~~~~~f,~.pf:t ~'.~:~t.7",8c?et.~~ellt

t ra de a IJd b usin ess. ir ect, ~ r .~--: ~ <, .: ,I . ·"'r.:-;:~:3:\~~"::~'~:·:~/;·~·~·;~~·::·:~;~.:t,··~~':···~':,;~_1·::-·{i~.~.~~.. ;_./':;,'l~:_,. ··-:"l:·~i.';:'i·:·"l:-/l j,k·\!: ~ ::, "1'"

, (a~.'~N0,'p~rson ~~ It~jt.lio\l;f.Qt~~~~r",~i~e,}r:,.c~.~f?,~~~itt,.:irj\f(~~~1~rll:s.

· 'ofhcencegrantedb.y t~~: Co.rp~~a.poJltn.~h~s.~.ch~\f,cal'ryon wlthm

· the limits of the Corpcratton-the trade or' business of a d.:li~'Y'111Cn.01'

.-milk men or of a baker, confecclcnervjce. or aeratedwater. :~onufac~ .

. .turer or sweet-meat maker or: of, a keeper-of a:tca ,;Sh6p; hotel 0'1'

...eating· houser.. 1"i'.~ ..} ~<; .. , ~~ _{.~~' ~>~:;I •• (~(: •••~;" :1",~ "

:(b) { suchⁱ

pe;so~'as ~~nti'cined i~'s'uchs~ction .<:~shall-observe ,:sllch ..

•. '!...•""t~rms and.conditions as.to cleanliness,' hyeginic'ill'\d sanhiloryconditions '"

.' ,':. 'as may be described 'by the.Corporationb{rules'i~:~ ~"?\·i)U5V:"':"'\~t:.~.:·,

. .:.A. "~, .';'. :,> ".: " ;0i:·~".", .: '::, . '" ';

',.1

Councillors, Munipal

Officers ere been pub-

lic .CHUll":

1,"'. • ,,'.", ."' "A': i .1.~'." -r.~.\·l~~i{'l,.~.~:~~,~~:..:~ :ii··;!i~·H;~:;'_ . powers oj Chairman and 80.(1), The ..~ha!~man, shalLf,or .the,trans~ctio~ .Qf,pusinessi.of\the;~6rpol'a~ion. rlelc80 cioll to Vice- : connectled, whh this, Act .0J.:"aIlyPther,Ja\V,~r.fo~ lthe purpose pf.makll1g,any,order.,·: ., Chairlllan. . auth91'i~.~d"there~y; .e~~,,,is~ i\Hthe 'ppw«r~ ,yes,te~:l';p))this.0ct g,in:~;,lhe';·.C.orpora-.,."~:,.. .'t icn ; );.. ,.;) ~,' '.{f ,.c: ;: p.' ~~,~~·.'.\J~~IJ, :~t:i~i~;~t~;{~1; ·t~~JJkj~l\·~.(~~ '~;j i:\t-:~,-~.:~(~l;~;-:~/t\'.y~~~·l'¥;:~.;~:\i~~.~~.··" ;:,·~>:·:.\f· .,' '.,J;>ro.'~'i~edthe Chairman shall !l.ot act Inopposltlon to,' or il,l'contraycnlion~:"'~"

of any order. or acti?n of the C~l:po~~tipn~t:,a n1,eetingp<~.~_el;c!~f.~N..;P?,~r;,~;:wl~d\':h'c .,:C,·

Is vested in 01''dlrected t 0 ~~.eX«£~lse~.~Yithe 'Corppratl.on: a.~·~:r~ce~.ing.,t't;:-:

.' •.,.. ,,'" '1; ... ~ 'c>.:.~· ,·,·,,',."; h"~·\- .•,::J·, •• '~. Sl"~"':""~":~"'''''''': \~!/~~t.r',~,.

. (2), The Chairman. may,In accordance ,,;WJ,tb.,tl),e(<;l~.cisioA!.Qf "t.he•.Cc:ll:pOratiol1 at a!llecting, delegate all ,or a,n,'tofhI~.po~e~,s.tQ,the N)~e-9.hah:man.f"; t~\~lj.;; 11.<;:;';" .':

81. Every Councillorvevery officer.and-servant oftheCorp9ration andevery . '.::, .. , person authorised by the Corporation to do any act under this Actor anyrule or;\:··~'l.;>:1,/ by-law made thereunder shall be deemed to b~ a public servant Within the m~allipg:>:?';"L\:·'·&., of section (2 i) of the Indian 'Penal Codc;;~" . , '.' ' . . ,< . (':.''' '., /iJl:'. .' '. . ",'. "',1 .'<..,:: '~.::(,~:.":,!: , -'<.' '. ..' '.~ fl: ".;,.;::;_~".:, .•• -"::'.l ~,<,~'~~~~"~J

PaIVu oj ~Iltry to in- 82. The .Chairman, .Vice-Chairman, Executive. Officer ..or any other. pe'rso~: . '~".':.)"',:;, spe ct, surveyor ere- authol'~sed by t,he Corporation in tlys behalf, ~ye~ter into on any',buil~in~, P£;',/'!··.i:::i, '.·~'.:i cute work: land, wlth orwithout ~hc;assist~tli?r.worJ,,~)en. in orde~ tomake-any, InquJry',}p.$-;::·:;,ig".Y~·;:~;l~;J;':-:-.;i:\i pectiOn, test ~e~mJ1;lat~o~,surxey, T~~l,.'!~m<;!}t;q:r\.v~lu.~p0tl..or, for, the: pl,ll'po.s~.oL·'Y'\':"}}";'i;;t.,':~;,A:

lawfully placing or, removir:g'pip,~~;t~let~r(o.{other;lhi~lgs;:or,tQexccut~,al1i·.(~:~:~:··.";~ljfYS:~j other work which ISauthorlsed by.the' provision of: this Act or of any. rule;'bY~>:t/~:.:i!~'::;·;:s:;i

. law ~r order ~lade thereunder or. ~llich it: ~snec.es~arx.~or., any of the"pul'pose.:,:" .. :{:(;;t{;'ri;;,:"~!! of this Act or in pursuance ofthe sald prov~slon or 'any resolution passed by the "/,";1,:' ..,.' !:

~;::;~~~n.::"7'keO, ~X<~t" . . 0!;t$~ ";;.;'~~i:';E~:\':~d

(a) ~ except when it is in this Act or in a~y ~~le'~~'by-Iaw made thel'eUndcr;;;~;>~":';II{A.t(,·) otherwise expressly provided,p9 such entry, shall be made between' ~l',:\':;i;C:tf,,:7,:;",:i 'sunset and sunrise' ' '. " .. ..' ,. . .:-;~:r·,-{;;:.,.' /; '·'1

(b) except when' it i: :~therwJs~ :expn:ssly ~p~ovjd~d as '~i~resa'ji,:~'no"/f' ::d}~/~t;,::1 dwelling house, and no pa~t of apubllc buildi~g used.as adwdiling' >:;i ·'··:,:.J.!~::·.::i.;,i place, shall be so entered Without the conse~.t of the occupier lbcreoj',.;.~:.:, . :,~t't''';:';i unless the sa.id,occypier has received at)east.~wClve.)lOurs'.pr~vious"::?~::::;.:,-t~: ::-:1 notic~ of the .i1'\te~tio~. t9 _ma~~ ~uch, ent~y.;,:". ':.' ,":,: ,.':," ': ':>~~1:''::\ ,r.'~:'i~~'~:'::l .(c) reasonable notice shall be given in ete~y cas~"~v~b-wh~~'~~ypr~~1i~~~' .:, ;,"',,;>!~(:~:'>:1 , may otherwise be: entered wilhout notice' to' en~bl~ the inmai •.e :. '-:, ;-·,J:.~~.V';rc'l

" " , ••••""~ I ,,,-,of:..,' .,,'>"'\ , \ " ' ..,5If £ahny,aJ:>artm~nt_happ~ohptiate~",t<~.,'Y2.mi~:,.~~~.!;c;,.!.!i?v~;"l~:.~2P,:t~v,.,.pm: - ':'~::l'~:.;.~-.,:; ., I !" .\1 :.;;~i·'OJ,t e premises, w, .ere t, l!,ir/p;r,i1t'acy:maYib~lpl'eservedi:;' :~':.".,-',.'. ".:~:,:,,~.";i

• " ~ ~,t' 1, " ~\'" I .., • '.~~ ~." ,'" ',' ~., Jj''.~'~'" " .•.g:,. "'{;'>~( .1,

(d) dU~'l'egard sh~ll be paid', so far ~~Fl~y,be co~i)atibie' With" the·;·~~ig~q-·;~,:' ~~~;~~{:~!::r,;:::

'des of the purp?se o.f the ~ntr~J t~: t~~ ,s?c~,a~;~.1'\~.:e,I,igI?~,s,~S~~~~){,< t.) ::t~:;:~7{1 the O"up'~~' of !~,.p,,",a~·S%C..;,':., '>i:',A!;~~i;~~~¥#?;:::,':~~~J

17

~~~ ,/~~

"

S"yj ce how to be .:JJwed:

. (:: .18>;·r;K"ft::/~~':~!:.::.';'~:?~>~:)?!/1·'i'>";~:..?,:,:.

• • .~.' ,<,I, " < '.'~ •• , " _, :.' .83. , When any notice; biii;:s~~~~/o;,.oth!lr docum~~t isreq~ir~d. by)~' Act or by any rule" or by~laY?rnade thereunder to 'be served, upon or issued to any' person,such:".ser~il:~ or Issue, ~halrbe':,effected~'" , ~. ,(a) by giving .or tendering:sJ'ch: documents tb su'~h persons; or

. " . _, " ••.•".;.'.: ' .... t··

(b) if suchperson is not found, by, leaVing such' document at his la st , known place of abode Or business within the Corporation or by giving , or tendering .the s~me Or by sendtng it by ~ost ,to any adult male :

member of his family or adult male servant 111 his employn~el1t ;or ' if such person does not reside within the Corporation and his address, elswhere is known to .the Corporation, by forwarding such document to rum by post ina coverbe.aring the said address ; or, ' . if none of the means referred to in clause (a), (~) or (c) be available, by affixing such notice, bill, summons or other document on some conspicUOUSpart of the land or buil~ing(if any):~r ol,her , thing to whichi the document relates.'

.I.' .•

-», ,.'

',.'

.,;

" , - .:. '. ~..

".. '"

(c)

(d)

l\(siJuarJ power to , 84.(1) Without prejudice to any of thep~~visions hereinbefore contained, the Illake rules and bJ-laws: State Government ,may make rules for carrying ,,?utthe purp~ses and objects of

. this Act. ,.' Proiccuou vJ action

"

(2) Without prejudice to any of the provislons hereinbefore .conralned, the' Corporation may make by-laws for any of the purpose connected With this Act.

8 S • No suit or legal proceedings shall ~fagainst the Councillors, or any officer or servant of the Corporation or any Q~her person for anylhing in good fait~ done. Or intended to be done under the provision of this Act, or, rules or by-laws made"

under this Act. " ' . ,. ".

8 6. Any law in force immediately before the commencement of this Act. with respect to any matter, for which- provls lon is made in this Act or which is inconsistent with the provisions of this Act shall cease to. have effect in the areas within the [urtsdicuon of the Corporation constituted under this Act • , ",:

c·

OwriJin8 cJJe~toj

ilut Act:

• , t. '.! •...

" .. ~I. '('.

, , P.K. Pradhan, ..,'(~, . . ", r,

, .

. . Secretary to the Government •• 'of Sikkim. '.. ',... .

. ,. .

I,.

.'+ •.•..

. ,~), l- ~.' I

J .

. ~ .• j ,

.,

. ,,", PRINTBD BY ,.HB' MANAGER, SIKKlM GOVERNMEN:r PRESS , '&,OAZ.4S 4OOC.20-10-7S

'~ .

. ,

, 'r

".,' .

\', ',r"

. i

18

~~SIKK!r'1~~

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[-10. 35 Gangtok, Friday, April 11, 1980

._--- ..•.••....-

LAW AND LEGISLATIVE DEPARTMENT

NOTIFICATION

No. 5/LL/80. Dated Gangtok, the 5th April, 1980. The following Act of the Sikkirn Legislative Assembly having received the assent of the Governor on the 5th clay of April, 1980, is hereby published for general information. SlKKIM ACT NO. 5 OF 1980.

THE GANGTOK MUNICIPAL CORPORATION (AMENDMENT)

ACT, 1980.

AN

ACT

further to amend the Gangtok Municipal Corporation Act, 1975 (IV of19 75). WHEREAS, it is expedient to amend the Gangtok Municipal Cor- poration Act, 1975 (IV of 1975) in the manner hereinafter appearing:

Be it enacted by the Legislature of Sikkim in the Thirty-first Year of the Republic of India as follows:-

1. (1) This Act may be called the Gangtok Municipal Corporation Short title & (Amendment) Act, 1980. commencement. 1

I ⁽²⁾^Itshall^bedeemed^to^have^come^intoforce^on^the^11th^day^of

December, 1979.

2. After sub-section (4) of section 3 of the Gangtok Municipal Cor- Amendment of poration Act. 1975 (TV of 1975), the following sub-sections shall be added, Section 3. namely:-

"(5) If before the expiry of the term of the first Councillors nomi- nated under sub-section (3) no new Councillors have been elec- ted as required under sub-section (4), the State Government may by order published in the Official Gazette, appoint an . officer (hereinafter referred to as Administrator) for the Corpo- ration for a period of one year or until the reconstitution of the Corporation, whichever is earlier.

19

Repeal and savings.

2

(6) When an order is issued under sub-section (5) the following consequences shall ensue :--.

(a) all the powers, functions and duties of the Corporation, its Chairman, Vice-Chairman and Committee, if any, shall be exercised, performed and discharged by the Administrator until the reconstitution of the Corporation;

(b) the administrator shall be deemed in law to be the Cor- poration Chairman, Vice-Chairman or Committee, if any, as the occasion may require;

(c) such salary and allowances as the State Government may, by order, in that behalf fix, shall be paid to the Adminis- trator out of the Corporation Fund;

(d) notwithstanding anything in the Act, the Administrator may review any act done or decision taken by the out- going Corporation, Chairman, Vice-Chairman or Commi- ttee in the exercise or performance of their powers and duties under the Act."

.

"

3. (I) The Gangtok Municipal Corporation (Amendment) Ordi- nance, ]979, (Ordinance No.6 of] 979) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act. By Order of the Governor,

R. K. GUPTA,

Secretary to the Government of Sikkim, Law & Legislative Department, Government of Sikkim-

F. No. 16 (6) LL/77 .

.-- •..----~-.. -----.-

PR!~TED ,'1.1THE S!KK!M

20

~~K K , ~1 ~~~

GOYERNMEt"T GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

-----------~--

Ga!lgtok~ Friday, April 3, 1981

LAW DEPARTMENT

GOVERN1'l'lENT OF SIK.KIM. Notification No.4/LD//81. Dated Gangtok, the 31st March, 1981. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 30th day of March, 1981, is hereby published for general information. THE GANGTOK Iv1UNICIPAL CORPORATION (AMENDMENT) ACT, 1981-

ACT NO.3 OF 1981.

AN

ACT

further to amend the Gangtok Municipal Corporation Act, 1975 (IV of 1975). He it enacted by the Legislature of Sikkim in the Thirty-Second Year of the Republic of India as follows:-

1. (1) This Act may be called the Gangtok Municipal Corporation Short title and (Amendment) Act, 1981. Commencement,

(2) It shall be deemed to have come into force on the 16th day of December, 1980.

2. In the Gangtok Municipal Corporation Act, 1975 (IV of 1975), in Amendment oj su b-section (5) of section 3, for the words "one year", the words "two years" section 3· shall be substituted.

3. (1) The Gangtok Municipal Corporation (Amendment) Ordinance, Repeal Clod Savina· 1980 (Ordinance No.3 of 19RO) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act. By Order of the Governor,

B. R. PRADHAN,

Secretary to the Government of Sikkim, Law Department,

F. No. 16/(6)LDj77.

'''''''''''-'''-··PRINrEb~Kt-Ti-ffiSiKKrM GOVERNMENT PRESS, GANGTOK.

21

~~SIKKlt',1~~

GOVERNMEI\JT C;AZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No" 22

LAW DEPARTMEhT

GOVERNMENT OF SiKKIM Notification No. 20/1.D/82. Dated Gangtok, the 16th April, ] 9:~2. The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 7th clay of April, 1982, is hereby published for general information. THE C;Ai\H";TOK MllNlC!PAL COHPORATION (AMENDMENT) ACT, 1982.

AN

ACT

further to amend the Gangtok Municipal Corporation Act, 1975. Be it enacted by the Legislatmc of Sikkimin the Thirty- third Year 01' the Republic of India as idlow5:-

I. This Act may be called the Gangtok . Municipal Short title and Corporation (Amendment) Act, 19R2. Commencement. IV ~l 1975·

It shall IJC deemed to have come into force on and from the date of commencement of the Gangtok Municipal Corporation Act, 1975, except section 3 which shall be deemed to have come into force on and from the J 6th day of December, 1S81.

IV qf T9H· ^2,^In^theGangtok Municipal Corporation^Act,^J⁹⁷⁵(hereinafter Amendment^cif referred to as the principal Act), in section 2, - section 2.

(a) clause (I) shall be re-numbered as clause (r a) and before the clause as so re-numbered, the following clause shall be inserted, namelv :-

(I) "Administrator" means the officer appointed by the State Government under sub-section (5) of section 3, ';

22

~~namely i-~~

(b) after clause (3), the following clause shall be inserted, '(3a) "Corporation" means the Gangtok Municipal Corpora- tion constituted under sub-section( I) of section 3 ;' ;

(c) after clause C.~), the following clause shall be inserted, namely i-

'(5a) "Executive Officer" means the officer appointed by the State Government under section 10;';

(el) after clause (18) , the following clause shall be inserted, namely i-

'(18a) "Tribunal" means the Tribunal constituted by the State Government under section 49F.'

Amendment if 3· In the principal Act, in section 3, - section 3.

(a)

years" the words

(b)

in sub-section (5), for the words ";;, period of two

"period of four years" shall be substituted; to sub-section (~), the following proviso shall be added, namely i-

"Provided that the State Government may by a like order, extend the period of appointment of the Administrator for a further period of one year or until the reconstitution of the Corporation, whichever is earlier." ;

(c) in sub-section (6), in clause (b), for the word "Corpo- ration", the words "Corporation, the Corporation at meeting " shall be substituted.

Amendment if 4· In the principal Act, in section 9, in sub-section (3), for the words section 9. "more than three hundred Rupees", the words "more than eight hundred rupees "shall be substituted.

Insertion Of s. in the principal Act, after section 26, the following section shall be new section 26A. inserted, namely r-

Borrowinq

powers.

"26A. The Corporation may, with the previous sanction of the State Government, borrow money from banks and uther financial institutions, on the security of the Municipal Fund or any of its other assets for the pur~ poses of this Act."

Amendment C?I 6.

section 46.

In the principal Act, in section 46, in sub-section (I), - for the words « th irty days", the words "sixty days" shall be substituted.

Substitution 7. In the principal Act, for section 49, the following section shall be if section 49. substituted, namelv i-

Power if

demolition or

alteration if

bUilding etc.

if the Corporation is satisfied -

(a) that the erection of any building-

(i) has been commenced without obtai- ning any permiSSion required to be obtained by or under this Act; or

(ii) is being carried on or has been comple- ted otherwise than in accordance with the particulars on which such permi- ssion was based; or

(Hi) is being carried on or has been comple- ted in breach of any provision of this Act or any rule or bye-law made thereunder, or any direction or requisi- tion lawfully given or made under this Act or under such rule or bye-law; Or

23

(b) that any alteration of, or addtiion to, any buil- ding or any other work made or done for any purpose in, (0 or upon any building, has been commenced or is being carried on or has been completed in contravention of, or otherwise than in accordance with any sane- tiori gnnteclunder section 4-6 or section 4.8; or

(c) that any alteration required by any notice issued under this Act or any rule or bye-law made, under this Act, has not been duly made,

it may, without prejudice to any action that may be taken under any other prOV1SI0l13 of this Act, by a notice in writing require the person responsible, to dem.olish within ten days of receipt of notice such erection, alteration, as the case may be, or to show cause why such erection, alteration, addition or other work should not be demolished or the alteration should not be made.

(2) The Corporation may issue notice under sub- section (I) notwithstanding the fact that the valuation of such building has been made under this Act and the Corporation has recei- veil payment of tax on such valuation,

(3) If the person responsible fails -

(a) to demolish such crection , alteration, addition or other work, or to make the alterations; or

(b) to show cause to the satisfaction of the Corporation why such erection, al- teration, addition or other work should not he demolished, or the alteration should not be made,

the Corporation may, by order and through its officers, employees or workmen demolish the erection, alteration, addition or other work and recover the ex- penses of demolition from the person responsible:

Provided that where the person responsible shows cause, the order to demolish the erection, alteration, addition or other works shall not be made without giving the person responsible, an opportunity of being heard:

Provided further that a copy of the order referred to in this clause or in the first proviso shall be served upon the owner and the occupier thereof and no such action shall be taken until after the expiry of thirty days from the date of the service of the said order.

(4·) Notwithstanding anything contained in sub-section (I), sub-section (2) or sub-section (3), no action shall be taken under this section in respect of any erection, alteration, addition or other work executed more than twelve years before or before the commencement of the Gangtok Muni •• cipal Corporation Act, 1975, whichever is later:

Provided that the onus of proving that the erection, alteration, addition, or other work was executed more than twelve years before or before the commencement of the Gangtok Municipal Corporation Act, 1975, shall lie on the person responsible:

Provided further that no action shall be taken in respect of any erection, alteration, addition or other work whieh has been regularised under the provisions of this Act.

r'~wfl'7S'

(2) The Corporation shall have power to remove any such obstruction or encroachment and shall have the like power to remove any unautho risc d obstruction ,01' encroachment of the like nature in any open space not being private property, whether such space is vested in the Cor- po ration or not, provided that if the space is vested in the State Government, the permission of the Secretary, Local Self Government and Housing Depart- ment of the State Government shall have Erst been obtained and the expenses of such removal shall he pidrl by the person who has caused the said obs- truction or encroachment and such expenses shall he recoverable under sub- section (I) or sub-section (2) of section 4-9K, as the case may be.

(3) The materials or goods removed under sub-section (2) may be stored at such place or places as the Corporation may think fit and if within seven CL1YS of such removal, no person claims the return of such materials or goods or establishes his claim thereto and pays up the expenses incurred by the Corporation for removal and storage, the Corporation shall have the powcr to sell the same by public auction and recover the, expenses incurred including tile CXPC1'i:iCS of sucl, auction from the proceeds of the sale.

(4) When under sub-section (2), the Corporation causes any wall- to be removed or removes an:, other obstruction, project.ion or en- croachment from Janel which forms part of <:\ public street, no compensa- tion shall be payable, but the Corporation shall be bound to provide t;roper means o I acccss to and from the street if none exists already.

(5) Whoever, not being chly autho rise.l in that behalf, removes carth , sand or other materials or makes any encroachment in or upon any open space which is not private property, shall be punished with fine which may extend to two hundred rupees and, in the case of an encroachment which is continuing in nature, with fl.lrtht,T fine which may extend to fifty rupees for every day on which the encroachment continues after the date of first conviction.

(6) Nothing contained in this section shall prevent the Corporation from allowing allY temporary occupation of or erection, in any public street on occasions of festivals and ceremonies, or the piling of fuel in bye-lanes and spa_ces for not more than seven days, and in such manner as not to inconvenience the public or any individual or from allo'!ving the occupation of, or tem.porary erection or structures for, any other purposes in accordance with any rule or bye-law made under this Act.

(7) Nothing contained in this section shall apply to any structure duly authorised under this Act or any rule or bye-law made the- reunder.

4-9C. (r) If at any time it appears to lh~ Corporation that any structure (including under this expression any building, wall or other struc- ture and anything affixed to or projecting from :my building, wall or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structures or place in the neighbourhood thereof, the Corporation may, by a written notice of :10l less than seven d:tys, require the owner or occupier -

(a) to demolish or to repair such structure in such manner as may be specified in the notice; or

(b) to repair, protect or enclose such structure in such manner as may be specified in the notice.

(2) Where it appears to the Corporation that immediate action is necessary for the purpose of preventing imminent danger to any person or property, it shall be the duty of the Corporation itself to take such immeditate action; and in such case it shall not be necessary for the Corporation to give notice, if it appears to it that the object of taking immediate action shall be defeated by the delay incurred in giving notice. Removal if

structures, etc.

which are in

ruins or likely

to fall.

(3) 'INhere any owner or occupier faiis to comply with th,.: i1'ji.icc served upon him, tho Corporation may demolish or remove such structure or fixture under sub-section (1), or sub-section (2) and recover the expcnses of such demolition or removal from the owner or occupier, as the case may be.

Demolition or

alteration rf

WOr/iS in other

In any

(a)

cases.

(b)

(c)

(d)

(e)

(f)

(g)

of the following cases, nemely -

jf , within the period prescribed in any notice

issued under this Act, requi;'ing the removal

or alteration of a verandah, platform or other

similar structure or a flXi.ure, the same is not

duly removed or altered; or

if the owner of any building which is erected

or added to a street alignment and the buil-

ding -Iine, fails to remove such building 01"

addition when called upon by the Corpora-

tion to do so under this Act; or

jf the owner of any building, which is unfit for

human inhabitation, fails to demolish such

building when required to do so under this

Act; or

if any privy or urinal be placed in contraven-

tion of the bye-laws made under this Act; or

if within the period prescribed in any notice

issued under this Act or any r.ile or bye-law

made thereunder, requiring the owner or

occupier of a building to comply with any

condition on which the erection of any

verandah or other projection was permitted,

such condition is not complied with; or

if within the period prescribed in any notice

issued under this Act or any rule or bye-law

marle thereunder requiring the owner or

occupier of a building to rernovc a verandah

or other projection, the same is not duly

removed; or

if within the period prescribed in any notice

issued under this Act or any rule or bye-law

made thereunder, requiring the owner of "

bllilcling to remove or alter an external roof

or wall made of inflammable material, the same

is not duly removed or altered ; or

(h) if any owner or occupier neglects to execute any work or to take any measure required by any notice issued under this Act or any rule or bye-law made thereunder,

the Corporation may make an order directing that the projection, building, block of builcli:,gs, verandah, platform, fixture, additions, roof, wall, as the 'case may be, shall be demolished by the owner or occupier thereof who may be the person responsible or a.ltered by such person to the satis; raction of the Corporation within the time specified in the order. if the person responsible [ails-

(a) to demolish such erection, alteration, addition or other work, or to make the alteration; or

26

(ll) t~::show :)~l:"iicicnt cau,c to the s~,tisrac_ ti~)n c,f (';c I~. 'p \··i.; ",.';':' C'" .'.:'~ l"hC;'.:r -·;i>. ~j~d;':

"ppointed by th~ C"rpc:ra';on wili: the appro-· val of the State COIl'lTli1wnt in this behalf, as: the case rnay be, ·\vny su:.h erection, altera- tion, ad.ditiun c')' oil.er WOI k should J1
the Corporation nEeY by an order ill wri:ing and thrm:gi: its o lliccrs, cn·~'Ficy(;c.5 and workmen dcnlolish the erection, altera-

tion, addition or ether work:

Provided tha:: where the person responsible shows cause, the order to dcrno lish the crect «.n , alrcration, addition or other works shall not be made without gi'·'ng the p(r-;011 responsible, an opportunity of being heard:

Provided further that a copy of the order referred to in this clause or in the first proviso shall be served upon the owner and the occupier thereof and no action shall be taken until the expiry of thirty days From the date of the service of such o rclcr :

Provided also that the Corporation may make any such order not- withstanding the fact that a valuation of such building has been made under this Act and the Corporation has received payment of tax on such valuation,

(3) Notwithstanding anything contained in sub-sections (J) and (2), no action shall be taken under this section in respect of any erection, alteration, addition or oi:herwork executed mo rc than twelve ycars before or before the commencement of the Gangtok Municipal Corporation Act, I V of 1975, 1975, whichever is later:

Provided that the onus (Jf proving that the work Wi\S done more than twelve years hCf'01-G or bdi,re the commencement of the C.nph,k IV of 197_~, Municipal Corporation Aci:, '97.~, shall lie on the penon 1'<':'pcre;ibJe,'-"

Explanation, --

In thi's section, the expression "pcrson responsible" includes the owner, the occupier, and any other person who executes the erection, alteration, addition or other work or who is liable to make any alteration required by any notice issued under this Act Of any rule or bye-law ruacle under this Act.

49E, (;) In any case in which the erection of a new builJing or any other work referred to in section 4-9, has been commenced, or is being carried on unlawfully as mentioned in that section, the Corporation rmay, by written notice, require the person cillTying on such erection or other unlawful work to stop the same i();,thwith,

(2) If any notice issued unclcr-sub-sect ion (I) is not duly complied with, the Corporation may, with the assistance of the police, if necessary, take such steps as it m"y deem necc5s:,ry in order to stop the continuance of such unlawful work.

(3) The Corporation, if it considers necessary, may depute any municipal officer to watch the premises in order to prevcnt the conti- nuaucc of the unlawful work,

(4) Where any person after receipt of the notice under sub-sec- tion (I), fails to comply with the said notice and carries on any work relating to the erection of a new building or any other work, the Corporation may demolish or remove such unlawful work and recover the expenses of such demolition or removal from thc owner in 8.ccol'clanc,-; with the provisions of section 49 K,

POlVer cf

Corporation to

stop progress I?f

buiidi1l8 work

lI11lcmjidly

commenced or

carried OIl,

27

~~Gan[ltol?~~

Municipo] Corporation Tribunal. Power if

revision

by Tribunal. Power if

review by Tribunal. 49F. (J) The State Government shall constitute a Tribunal to be called the Gangtok Municipal Corporation Tribunal for the purpose of hearing appeals against the orders made or the notices or requisitions issued by the Corporation under this Act or any rule or bye-law made thereunder.

(2) The Tribunal shall consist of -

(a) the District Judge;

(b) I all. officer not below the rank of a Joint Secretarv to the Slate Government who has been a member of Judicial Service of any State for a period of not less than seven years;

(c) all. officer who is or has been a member of the Sikkim Judicial Service.

(3) The District Judge shall be the President of the Tribunal and during his absence on leave or otherwise, the officer at clause (b) of sub-section (2) shall be the President of the Tribunal.

(4)

cedure. The Tribunal shall have the power to regulate its own pro-

(5) The quorum of the Tribunal shall be two members.

(6) The State Government may, on a request made by the Pre- sident of the Tribunal, nominate not more than two other persons to be members of the Tribunal for specific purposes.

(7) Each member of the Tribunal shall be entitled to receive such remuneration, either by way of monthly salary or by way of honorarium or fees as the State Government may determine.

(8) The Tribunal shall, for the purposes of this Act, have the same powers as are vested in a court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:- 5 if 1908

(a) enforcing the attendance of any person and examining him on oath or affirmation;

(b) compelling the production of accounts and documents;

(c) issuing commissions for the examination of witnesses, and every proceeding under this Act be'fore the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the Indian Penal Code. 4S if 1860.

(9) The Tribunal may in disposing of an appeal, exercise the same powers, as the Corporation.

49G. The Tribunal may call for and examine the record of any procee- ding in which an appeal lies to it for the purpose of satisfying itself as to the legality or propriety of any order passed and if in any case it shall appear to the Tribunal that any such order should be modified, annulled or reversed, the Tribunal may pass such order thereon as it may deem fit. 49H. (I) The Tribunal may either on its own motion or on the application of any party interested, review its own order in any case; and pass in reference thereto such order as it thinks just:

Provided that no application made by the party interested shall be entertained unless the Tribunal is satisfied that there has been discovery of new and important matter of evidence, which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when the Tribunal made its order or that there has been some mistake or error on the face of the record:

Provided further that no such order shall be varied or revised unless notice has been given to the parties interested to appear and be heard.

(2) An application for review under sub-section (I) by any party shall be made within ninety days from the date of communication of the order of the Tribunal.

28

~~Power of Cor- poration to reqularise on payment ofJecs.~~

9

(3) The Tribunal shall not review any order on its own motion after the expiry of a period of ninety days from the date on which such order was made by it.

491. An order passed in appeal or in revision or in review by the Tri- bunal under this Act shall be final and conclusive awl shall not be called in question in any civil or revenue court.

49]. (I) Any person aggrieved by an order made or notice issued by the Corporation under this Act 0]' any rule 01' bye-law made thereunder, may, within thil·ty days frorn the date on which such orderis communicated to him, prefer ail appe:ll to the Tribunal :

Provided that the said Tribuna] m"y entertain the appeal after the expiry of the said period of thirl)' days if it is satisfied that the appellant was prevented by a sufficient cause from fd ing the appeal in time.

(2) The appeal referred to in sub-section (I) shall be in the form of a memorandum giving the grounds of appeal and shall be accompanied by a copy of the order appealed against and a fee of three hundred rupees:

Provided that when an appeal is preferred against any notice issued by the Corporation under this Chapter, thc fees payable under this suli.scct ion skIll he fir,), rupces.

~T9K. (r) If any person , after receipt of a notice of demand fails to Reco:'cIY c:I pay, within thirty da.ys, the expenses incurred by the Corporation under expenses lor sections 4-9, 49A, 19B, 49C, 49D and 4-9E for clerno lition or removal of any demolition or structure or any other work, the Corporation Illay issue distress directing removal. that the expenses incurred by it may he realiscd by the sale of movable pro- perty belonging to the defaulter except ploughs, plough cattle, tools or implements of agriculture, track or profession.

(7.) In the event of failure to recover the whole or any part of the sum due by clist rcss and sale under sub-section (T), the Corporation may sue the defaulter in any court of competent jurisdiction for the recovery of such dues.

49 L. (I) Notwi thstanding anything contained in this Chapter, if the Corporation, after considcring all the facts and ci rcumstauces of the case and after making such inquiry as it may deem fit, is of the opinion that the party concerned has not complied with the notice, if any, issued under sub-section

(I) of section 49 or sub-section (1) of section 49A or in other cases of contra- vention of the provisions of this Act or any rule or by-law made thereunder, the Corporation, instead of making an order for -

(a) demolition of any building, verandah, platform or other structure; or

(h) nnking any alteration of any bUilding or other work; or

(e) removal of any verandah, platform or other fixture attached to a building so as to form a part of such building or which causes a projection, encroachment or obstruction over any pu blic street;

may, if satisfied that such demolition, alteration or removal of the works of the party concerned referred to in clauses (a), (b) and (c) -

(i) would result in undue hardship to the party concerned; or

(ii) would not cause unreasonable inconvenience to the public, order regularisation of such works if the party concerned pays to it such fee not exceeding rupees one hundred per sCjuare foot of the constructed area or the area covered by any alteration, verandah, other structure, projection or encroachment as may be specified by the State Government by a notification having regard to the nature and type of the construction:

Provided that where the works referred to in clauses (a), (b) and (c) are situate over the land belonging to the Corporation or the State Government or any other authority owned and controlled by the State Government, the Corporation shall not order regularisation of such works except after ascer- taining from the State Government the cost of such land and upon payment by the party concerned of such cost in addition to the regularisation fee. Order of the

Tribunal to be

.final.

Appeal.

29

Omission if 9· section 53. Amendment if 10. section 75.

Amendment if section 85".

Insertion if new sections 85 A, 8SB, and 8Se. Special

provision regarding fine. Offences to be cognizable. Offences bv .

./

c'lmpanies.

1.0

(2) If the party concerned fails to pay (he fee referred to in sub-section (I) or the cost of the land within such time (not being less than one month from the date of making an order )as may be specified by the Corporation in this order, it may pass such order as to demolition of building, alteration or other works as it may deem fit."

In the principal Act, section n shall be omitted.

In the principal Act, in section 75,-

(a) after the words "punished with fine," the words "which may extend to ten thousand rupees" shall be inserted;

(b) for the words "one hundred rupees," the words "five hundred rupees" shall be substituted.

I I. In the principal Act, in section 85, for the words "proceedings shall be," the words "proceedings shall lie" shall be substituted.

12. In the principal Act, after section 85, the following sections shall be inserted, namclv :-

"8 SA. Notwithstanding anything contained in any law relating to the Criminal Procedure for the time being in force in this State, it shall be law- ful for any Magistrate o.f the first class specially empowered by the State Government in this behalf to pass a sentence of fine exceeding two thousand rupees on any person convicted of contravening any order made under this Act or any rule or bye-law made thereunder.

8sB. Notwithstanding anything contained in any law relating to the Criminal Procedure for the time being in force in this State, offences pu- nishable under this Act shall be cognizable.

8SC. (I) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accor- dingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I ), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or conni- vance of, or is attributable to any neglect on the part of, any director, mana- ger, secretary or other officer of the company, such director, manager, secre- tary or other officer shall also be deemed to be gUilty of such offence and shall be liable to be proceeded against and punished accordingly.

Explanation.- For the purposes of this section - (a) "company" means anybody corporate and includes a firm or other association of individuals; and (b) "director", in relation to firm, means a partner in the firm."

30

Reoeal and $(' '8'

11

13. (J) The Gangtok Municipal Corporation (Amendment) Ordinance,

198 I, is hereby repealed.

(2)

Notwithstanding^suchrepeal, anything^done^or^anyaction taken^4-if 1981. under the Ordinance so repealed, shall be deemed to have been done or taken under the corresponding provisions of this Act. By Order of the Governor,

B. R. PRADHAN,

Secretary to the Government of Sikkim, Law Department,

F. No. 16j(152)LDj82.

PR!!'!TED AT THE SlKKIM GOVERNMENT PRESS

THE SUBSEQUENT AMENDMENTS TO THE GANGTOK MUNICIPAL CORPORATION ACT, 1975, AMENDED AND UPDATED UPTO APRIL, 1982